Burg Simpson

Facebook Lands Juror In Trouble

2010-09-02T19:13:34Z

Hadley Jons, a 20 year old from Michigan, was removed from a jury when she declared the defendant guilty on Facebook, while the case was still going. She posted on Facebook that it was "gonna be fun to tell the defendant they're GUILTY." Now, the judge in the case has ordered her to pay a $250 fine and write an essay about the constitutional right to a fair trial.

Unfortunately, this is not the first time this has happened. It was recently reported in another case that a juror couldn't decide whether to find the defendant guilty or not guilty, so that juror created a poll on Facebook, inviting people to vote on the defendant's fate.

"The use of social media, like Facebook or Twitter, is changing the lives of almost everyone, whether they know it or not" says Diane Smith of Burg Simpson. "Jurors are routinely told not to discuss a trial outside of the jury room. For some reason, people don't understand that Facebook can be as much a public discussion as a conversation over coffee."

If you have a legal issue concerning Facebook or any other form of social media, Burg Simpson may be able to help. Call 1.888.895.2080 for a free consultation.

Fired by Facebook

2010-09-01T17:50:16Z

What does your morning consist of? A cup of coffee and posts to Facebook about your day, your job, your boss? Firings as a result of Facebook activities are on the rise. Be warned!

Some employees have been fired when they claimed to be too sick to come to work, but then spent the day in front of the computer posting on Facebook. In June of this year, Tri City Medical Center in San Diego fired five California nurses after discovering the nurses were discussing patient cases on the site. Not only were they fired, but the California Department of Health investigated the situation to determine whether privacy laws had been violated.

"Yes, you have a First Amendment right to free speech," says Employment Lawyer Diane Smith of Burg Simpson. "but that won't necessarily protect you from being terminated if you violate your employer's trust or policies or if something you say is offensive or damaging to your employer."

For further information on social media and employment law issues, contact Burg Simpson toll free 1.888.895.2080.

Sexual Favoritism And Discrimination Cases

2010-09-01T16:46:36Z

For the last decade or so, plaintiffs in Title VII cases have claimed that "sexual favoritism" constitutes discrimination. Sexual favoritism occurs when an employee engages in consensual sexual conduct with a supervisor and, after that, the supervisor makes employment decisions that benefit the employee, based on this conduct. For the most part, courts have held that sexual favoritism isn't illegal. However, the claims are still being made and indications are that some courts may be persuaded to adopt this view. According to Diane Smith of Burg Simpson, "as with all forms of employment law, things change over time. With the current state of unemployment, any conduct that causes an employer to benefit one group of employees over another is going to give rise to discrimination claims under federal or state laws."

If you believe you have been the victim of discrimination, please call Burg Simpson on toll free 1.888.895.2080 for a free consultation.

Sexual Harassment Remains A Serious Issue

2010-08-30T19:52:36Z

According to the United States Equal Employment Opportunity Commission (EEOC), the number of claims filed for sexual harassment are down. The latest figures show the total number of sexual harassment charge receipts logged by the EEOC fell from 13,867 in 2008 to 12,696 for the year ending 2009. However, don't let the numbers mislead you into thinking that sexual harassment is no longer an issue. Unfortunately, it is still alive and abusive in the work place. Diane Smith of Burg Simpson observed, "now instead of reports of a touch on the shoulder or out of line comments, we get reports of outrageous, even illegal assaultive behavior." As she explained, "if you wouldn't want your wife, daughter, sister, or mother subjected to that kind of behavior, why would you tolerate it for anyone else?" It is also important to note that sexual harassment can occur in a variety of circumstances and that men as well as women can be victims. Current statistics show that the number of sexual harassment claims reported to the EEOC by males actually increased during 2009 to 16 percent.

If you believe you have been the victim of sex discrimination, contact Burg Simpson toll free 1.888.895.2080 for a free consultation

J&J Hip Replacement Recall

2010-08-27T23:47:35Z

According to the Associated Press, Johnson & Johnson is recalling two hip replacement products after it emerged that a significant number of patients implanted with devices, required revision surgery to correct problems with the “fit” of the artificial joints. DePuy Orthopaedics Inc, a subsidiary of Johnson & Johnson, has announced that it is recalling both the ASR Hip Resurfacing System and the ASR XL Acetabular System. Clinical data released by the British-based National Joint Registry of England and Wales, recently revealed that between 12 and 13 percent of patients receiving the ASR Hip Resurfacing System and/or the ASR XL Acetabular System would need corrective surgery within five years. The generally accepted standard for such revisions within five years of the surgery is no more than 5% of patients. The study also revealed that the women were at greater risk than men.

DePuy and its parent company Johnson and Johnson have been hit with a number of high profile recalls in recent months. Earlier this week, the Food and Drug Administration (FDA) ordered DePuy to withdraw its Corail Hip System from sale after it emerged that the company had been marketing the product for unapproved uses.

If you or a loved one has experienced serious pain or required corrective surgery following either an ASR Hip Resurfacing System or an ASR XL Acetabular System implant, you may be entitled to compensation. Call Burg Simpson’s dangerous medical device attorneys toll-free on 1.888.895.8020 for a free consultation.

Michigan Judge Rules That Waitresses Can Sue Hooters

2010-08-26T19:24:31Z

Employment based claims are constantly evolving, depending on both state and federal law, as this interesting case from Michigan illustrates.

A Michigan state court judge has decided that two waitresses can sue Hooters for weight discrimination under Michigan law, which allows for such claims. Cassandra Smith and Leanne Convery claim that they were terminated because the Company decided they were too heavy to be Hooter's Girls. Hooters claims that weight is a legitimate consideration, because waitresses are also entertainers. However, this argument did not persuade a judge, who decided that both women are entitled to have their claims heard in court. The lesson from this case? Make sure your attorney knows and understands the laws. If you believe you have experienced a violation of employment or labor law, call a Burg Simpson employment attorney on 1.888.895.2080 for a free consultation.

Injury Hazard Prompts Kawasaki Recalls

2010-08-26T15:51:01Z

Kawasaki Motors Corp. U.S.A., is recalling in the region of 4,000 KLX110 motorcycles, after learning that a fault with the bike’s ignition system could result in the unintended activation of the electronic starter. According to the Consumer Product Safety Commission (CPSC), the fault “poses a serious hazard of injury or death.” Owners of Kawasaki 2010 model year KLX110CAF and KLX110DAF off-road motorcycles have been advised to immediately stop using the products and contact Kawasaki for further information. The bikes were sold in the U.S.A. between August 2009 and February 2010. If you have been injured while riding an off-road motorbike and suspect that a design fault may have caused your accident, Burg Simpson may be able to help. Call our defective product attorneys on 1.888.895.2080 today for a free consultation.

Ducati Recall

2010-08-25T15:47:52Z

Ducati is recalling certain Multistrada 1200 motorcycles, after learning that throttle cables may come into contact with the bike’s radiator, which could cause a rider to lose control of the vehicle and crash. The fault is only thought to affect some 360, 2010-year models. The National Highways and Transportation Safety Administration (NHTSA) is advising concerned owners to contact Ducati directly for further information. Accident claims involving motorcycles can be extremely complicated. If you or a loved one has been hurt in an accident involving a motorcycle it is important to contact an experienced motorcycle injury attorney as soon as possible. For a free no-obligation consultation call Burg Simpson today on 1.888.895.2080

Class Action Against Delta and Air-Tran May Proceed

2010-08-24T15:42:21Z

According to Reuters, a class action lawsuit may proceed against Delta Airlines and Air-Tran Airways over alleged claims that the airlines conspired to set baggage fees. Legal action against Delta and Air-Tran was first brought in 2009 after it was alleged that Air-Tran executives invited Delta to begin charging an increased baggage fee following an earnings conference call. Atlanta-based Judge Batten ruled that there was “sufficient factual specificity to establish unlawful conspiracy” in the case. He did, however, reject claims that the Atlanta-based carriers had attempted monopolization of the local marketplace. Judge Batten also acknowledged that Delta’s recent merger with Northwest further complicated the case, given that prior to the merger, Northwest had charged a baggage fee, whereas Delta had not. Judge Batten indicated that Delta may be able to argue that the baggage fee was introduced to facilitate the integration of Northwest’s policies and procedures with that of the new and expanded company. For further information on class action lawsuits call Burg Simpson toll free on 1.888.895.2080

Product Liability and Medical Malpractice Updates

2010-08-16T16:49:45Z

Burg Simpson attorneys Scott Eldredge and Seth Katz are guest speakers at the Colorado Bar Association’s 2010 Annual Tort Law Update. The event, which takes place on October 20 in downtown Denver, is a popular education program for lawyers from across Colorado. Seth Katz will deliver an important update on product liability litigation, while Scott Eldredge will provide an overview of developments in the area of medical malpractice. The program has been submitted for 5 General CLE Credits. Further information is available from www.cobar.org/cle

I admitted some fault at the scene of an accident, can I still make a claim?

2010-08-13T17:05:49Z

If you are involved in a motor vehicle accident, it is important not to admit fault, unless of course you are certain it was your fault and only your fault. However, an admission of fault may not necessarily prevent you from making a claim. Under Colorado state law, if the driver (plaintiff) files a lawsuit against you, and depending on the exact nature of the case, it may be possible to file a counter claim against that individual for compensation for your injuries. Your counterclaim will present details of how you believe the other driver (plaintiff) shares some of the liability for the accident and therefore is liable, at least in part, for your injuries and damage to your property. Filing a successful counterclaim can help pay for medical expenses and lost earnings among other things. Bringing a lawsuit in which you have admitted partial responsibility can be complex and it is always advisable to hire an experienced auto accident attorney as soon as practically possible.

Weight Loss Drug Meridia (Sibutramine) Comes Under Increased Scrutiny

2010-08-12T15:21:17Z

The Food and Drug Administration (FDA) is to conduct a review of the weight loss drug Meridia (Sibutramine). A panel will meet on September 15, 2010 to decide if the drug should be withdrawn from sale in the United States.

Concerns regarding the safety of the drug were raised earlier this year, after European regulators requested Abbott Laboratories withdraw its appetite suppressant after studies revealed a link between the drug and a number of potentially fatal cardiovascular problems, including heart attacks and strokes.

Sibutramine (although approved by the FDA) is also known to increase blood pressure and/or pulse rate, making it problematic for individuals with a prior history of coronary artery disease, congestive heart failure or arrhythmias.

On August 9, 2010 the FDA announced a recall for a similar weight loss drug manufactured by EZVille, Ltd. Lab tests found that EZVille failed to declare that its Solo Slim and Solo Slim Extra weight loss drugs contained Didesmethyl Sibutramine, putting potentially thousands of consumers at risk.

If you or a loved one has suffered an adverse reaction to any prescription drug, Burg Simpson may be able to help. Call our dangerous drug attorneys toll-free 1.888.895.8020 for a free consultation.

New Colorado Insurance Law

2010-08-11T15:14:38Z

A new law comes into effect today that dramatically alters the way in which personal injury settlements are negotiated in Colorado. This law prevents insurance companies and healthcare benefit providers from bringing a claim for reimbursement against at fault parties until the injured party has first been fully compensated (“made whole”) for all damages arising out of their injury.

Previously, insurance companies in Colorado were legally permitted to make claims for reimbursement (known as "subrogation") for health care benefits, disability benefits, lost income and the like paid to or on behalf of their own insureds. These reimbursement claims were made against at fault parties, regardless of whether the injured party was fully compensated or not. According to Burg Simpson founding shareholder and American Trial Lawyers Association President Michael S. Burg, this new law offers greater protection for all Coloradoans.

“At Burg Simpson we view this new piece of legislation as a positive step for individuals’ legal rights in Colorado. We envision that the legislation will not only help reduce the length and complexity of settlement negotiations, but will also enable individuals to obtain full and fair recovery for their injuries, something that up until now had not been the case,” said Mr. Burg. If you or a loved one are in dispute with an insurance company, or require help to settle a claim, call Burg Simpson's Colorado insurance law attorneys today on 1.888.895.2080

JetBlue Flight Attendant Experiences Cabin Fever

2010-08-10T16:44:06Z

Everyone has a bad day at the office. Some days are worse than others. But acting like a child in the midst of the terrible two's will do more than cause you to make a bad decision, a really bad decision. It could land you in jail and that is what happened to Steven Slater, a flight attendant with JetBlue, who has shot to national infamy after he got into an altercation with a passenger on a flight from Pittsburgh to New York.

As Flight 1052 came into land, Mr. Slater verbally abused a passenger, via the aircraft’s intercom system, cursed at the passenger, grabbed a beer and activated the emergency escape system and exited the play by sliding down an inflatable raft. Mr. Slater was apparently upset after the passenger’s luggage in the overhead bin struck him and the passenger failed to apologize.

Mr. Slater’s actions have certainly made him an overnight celebrity on social networking sites like facebook and twitter: they also landed him in hot water with aviation authorities and his employer. He now faces criminal charges and the prospect of losing his job.

Media reports suggest that Mr. Slater had recently been dealing with some very stressful events in his private life. He had recently lost his father to Lou Gehrig's disease, was caring for his sick mother, and was battling alcoholism. It appears that stress may have played a big part in the remarkable way he “quit” his job.

According to Burg Simpson employment lawyer Diane Smith, "When ending employment, you should try to preserve your dignity. It's critical not to destroy an employer's property or take some other action that will land you in jail and make you the bad guy." Burg Simpson handles a wide range of employment law and workplace issues. For further information call toll free 1.888.895.8020

Are Life Insurance Companies Denying Millions in Interest Payments

2010-08-09T17:34:39Z

Earlier this month a class action lawsuit was filed by two military families against the nation's second largest life insurer, Prudential. The suit alleges that the company profited from the death of two veterans, when they failed to pay appropriate interest on the balance of unpaid life insurance benefits. Prudential is accused of paying families only 1% interest on unpaid benefits, while the company recouped 5.7% on funds deposited in a corporate account. According to some industry analysts, it is a practice that may have earned Prudential as much as $100 million in 2009. The Department of Veteran Affairs has launched an investigation, but this is an issue that may have far wider consequences, given that Prudential provides similar policies to millions of other federal employees. According to the American Council of Life Insurers, the industry holds in excess of $4.6 trillion in assets, a large proportion of which may not be segregated in secure bank accounts backed by FDIC insurance. While Prudential denies any wrong doing, the uncovering of this practice has shocked millions of consumers. If you have concerns regarding a life insurance policy or any other type of insurance claim, Burg Simpson can help. Call our experienced insurance law attorneys toll free on 1.888.895.2080