The first class action lawsuit, with 95 pet owners, has been filed in Wisconsin.The lawsuit, against Menu Foods Inc.,alleges that it produced and distributed pet food that might be dangerous, and possibly deadly, to animals.We have received several calls on these cases and will help coordinate Virginia claims. We will be working with other firms nationally who are handling the Menu Foods pet...
In a recent case in federal court the judge ruled that Aetna Life Insurance Company's decision to permanently terminate disability benefits to an employee was wrong and those benefits would be reinstated. Most disability insurance companies will only make payments to you if you are disabled and under the "regular care and attendance" of a physician. Here there was a period of time during which...
In a case from the Supreme Court of Virginia, Allstate Insurance Company has been told to pay the owner of a boat that sunk over $40,000.00. Allstate had denied coverage under the insurance policy that it sold the boat owner. It lost at trial, appealed, and lost again.The boat owner had disconnected a water pump from the boat in order to take the water pump to someone else to repair. He...
The Employee Retirement Income Security Act (ERISA) is a major fraud on the American employee. Through statute and interpretation by the Supreme Court of the United States insurance companies have been clothed in an almost ironclad protection of their decisions regarding insurance benefits for employees.In this case filed in the federal court in Norfolk, the plaintiff is suing for a...
When a dental hygienist sued because her disability insurance claim was denied, the insurance company contended that her claim, bought through the American Dental Hygienist Association, was covered by the federal law of ERISA.Why?Because ERISA gives the insurance company a HUGE advantage--(1) it's decision given deference; (2) no jury trial; (3) no real trial at all; (4) no "real damages" except...
Today's headlines in national news reports a whopping one BILLION dollar lawsuit filed.Gee...does that sound like too much? Should there be a cap on the recovery of the plaintiff?Is this going to stifle business? Are insurance rates going to go up?Is this a travesty?.... another case of some poor schmuck plaintiff bringing a biz to it's knees?Nah, it's just Biz v. BizViacom v. GoogleYou won't be...
Another study shows that there is no relationship between "caps" on jury verdicts in medical malpractice cases and malpractice insurance rates. Oregon has the lowest malpractice claims of any state and the state high court abolished caps seven years ago.Caps on verdicts only hurt the most seriously injured yet there is no compelling evidence that the imposition of caps does anything for...
A jury ordered Prudential Insurance Co. to pay $15.5 million to an woman who was denied her disability benefits. The woman applied for benefits because she suffers from chronic fatigue, fibromyalgia, lupus, and an immune system disorder.One thing that immediately comes to mind is that this wasn't her employer's group disability policy. Those policies are virtually worthless (as explained in my...
AOL has got a place at their website where they repeat the same old tired stories designed to frighten people into tort reform. This crap comes around, usually in the form of spam email, several times a year. Why is AOL investing its resources in repeating this nonsense?Could it be that AOL has faced the civil justice system and gotten caught?Consider:Sevearl times in the recent past, the civil...
In Virginia we do not elect our trial judges in terms of a popular election. Rather, they are selected by the Virginia General Assembly and approved by the Governor. Recently, a judge being interviewed for one of the vacant judgeships in Norfolk contends that the republican state senator interviewing her asked her questions having nothing to do with her qualifications to be a judge. Mary G....
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