The Supreme Court of Virginia has held that statements made about a Virginia personal injury attorney by a Nationwide claims adjuster were not mere opinions and do support a cause of action against the claims adjuster, and Nationwide Insurance, for defamation.According to the published opinion by the Supreme Court of Virginia, a personal injury victim met with Todd Schmitt, a Nationwide claims...
Indictment: Crooked deputies sold guns, drugs to publicJust when you thought it was OK to go out in public again, a group of Virginia's law enforcement officers get caught recycling guns and ammo back into the community. Here's what the U.S. Attorney had to say:"These were drugs and guns that were seized as part of their law enforcement duties that were then stolen from the property room and put...
Claims for denial of insurance benefits under employer sponsored plans (ERISA) are tough. They are tough because--the insurance company gets the benefit of the doubt--you have to prove they were not just wrong but REALLY wrong--there are no jury trials.... federal judges decide the cases on the record--there is virtually no discovery--you deal with only those documents the insurance company...
After 34 incidents, inluding at least one death, were reported to the Food and Drug Administration regarding "Magnetix" magnet sets produced by RoseArt Industires, the company has announced a voluntary recall of the product.This product is not safe for children three and under. A picture of the product packaging, together with more information on the recall, is available here. I've seen a set of...
It should come as no huge suprise that drugs promoted on the Internet aren't the best things for you. Now, the FDA has announced a specific identification and crackdown on erectile dysfunction drugs that not only don't help, but can be harmful. According to a news release by the FDA:Products such as Zimaxx, Libidus, Neophase, Nasutra, Vigor-25, Actra-Rx, and 4EVERON are not FDA-approved and may...
Some disability insurance policies provided by employers aren't worth the paper they are printed on. People are often shocked to find that even though their doctors fully support their disability and, in some cases, they have been awarded disability benefits by the Social Security Administration, their employer's plans are so bad that the insurance company does not have to pay benefits. The...
Several months ago we were sitting in the huge conference room of the very well heeled law firm hired by a major disability insurance company. We sat around a large ornate conference room table. My client, unable to work because of a number of illnesses that had befallen him, had wondered what this mediation would be like. Eighteen months earlier his doctors had told him that he would have to...
ERISA (Employee Retirement Income Security Act) was passed in 1974 to protect the cash in your pension fund. Today it protects the insurance companies from lawsuits for disability benefits. In fact, your employer's disability insurance policy may be providing only illusory benefits.Ninety-nine percent of all disability insurance plans offered to employees are governed by ERISA. Under ERISA,...
According to the website NJ.com, there is another lawyer advertising "can we use testimonials?" fight brewing. What's interesting is that the Federal Trade Commission has weighed in, and says the proposed restrictions on the use of testimonials are overly broad.The lawyer advertising article is here. Here's what I think about this. The various state bar ethics boards thinks all consumers are...
I could not have made this story up!. My friend, New York Medical Malpractice Attorney Gerry Oginski has a terrific consumer oriented medical malpractice website. He, like I, use our web site to fight our little battle agains the MILLIONS of dollars spent by the insurance industry to get mis-information out there about insurance claims, medical malpractice lawsuits and the like. His website is...
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