At Smith Coonrod Mohlman, LLC. we enjoy keeping up with the latest legal news and sharing it with you. We firmly believe that is important to keep up with industry happenings because it is just one more way that we can help you. A Penn State civil suit is in the works (finally), NY taxpayers foot a $135 million bill for medical blunders, Catholic Charities in Illinois drop their adoption lawsuit against the state, and if you have an iPod nano, beware of overheating (there’s a recall). That’s the lineup for this week’s blog. Once again, thanks for reading. We welcome your opinions and discussion!

1. Not surprising, Penn State hit with more civil suits. In what may be the one of the highest profile sexual abuse cases, four top administrators at Penn State face charges for an alleged coverup of the horrific actions of former assistant football coach Jerry Sandusky. The number of victims is expected to grow in the coming weeks.

2. Malpractice lawsuits against NY public hospitals result in a $135 million payout. Malpractice payouts have increased 5% from 2010. These medical mishaps were catastrophic for the victims, and NY taxpayers aren’t pleased to be footing a bill that was born out of carelessness.

3. Catholic Charities in Illinois have opted to drop their lawsuit against the state. The lawsuit concerning whether or not several Catholic Charities have the right to deny adoption and foster care placement to same-sex parents while still receiving funding from the state has come to an end for now. It’s still unclear how this dismissal will affect the pending legislation, however.

4. The Cupertino-based giant, Apple, has issued a recall on its iPod Nano. Although Apple says this is a very small number, people who purchased an iPod Nano between September 2005 and December 2006 should watch out for overheating (an internal battery issue).

Thanks for reading. We appreciate any and all discussion! Have a great weekend.

This week’s legal resources you might have missed: Nov. 7 – 11

At Smith Coonrod Mohlman, LLC. we enjoy keeping up with the latest legal news and sharing it with you. We firmly believe that is important to keep up with industry happenings because it is just one more way that we can help you. Bank of America lawsuit settlements, Visitation Laws and Social Media Spies- that’s that we’ve got for you in this week’s blog. Once again, thanks for reading. We welcome your opinions and discussion!

1. Judge approves a $410 million settlement in Bank of America overdraft suits. The settlement, covering B of A debit card users from 2001 to 2011, is said to have an affect on more than 13 million of the bank’s customers. The lawsuits stemmed from the bank’s system for processing its debit card and check payments. The system formerly in use triggered more overdrafts than necessary or appropriate, resulting in excessive overdraft fees.

2. Parents have a constitutional right to raise their kids without interference. But what about grandparents? Most have a strong desire to be included in those youngsters’ lives. How to balance this? That’s what Visitation Laws are addressing. Necessary? Depends on the family, most likely.

3. Beware social media spies. Facebook, Twitter and other social media sites have purposes beyond connecting with friends and colleagues. Insurance companies and lawyers are using these sites in search of evidence that can be used to deny benefits to those who have been injured. Is this spying? Perhaps. Or maybe the more trendy, timely term here is “creeping.”

 

This week’s legal resources you might have missed: Sept. 12 – 16

At Smith Coonrod Mohlman, LLC. we enjoy keeping up with the latest legal news and sharing it with you. We firmly believe that is important to keep up with industry happenings because it is just one more way that we can help you. This week’s stories touch on legal news on both local and national levels. Human trafficking laws that fall flat in Kansas, courtroom dogs, pharmaceutical law: read on, share your thoughts and opinions. We welcome the discussion!

This week’s legal news stories:

1. Kansas falls short in combatting human trafficking. Kansas laws aimed at combatting human trafficking fall short comparable to the laws in Missouri, says a national anti-trafficking organization. What’s the deal?

2. More bullying cases have parents turning to courts.  The number of bullying-related lawsuits is on the rise nationwide. The number of lawsuits are increasing for a number of reasons, one being awareness. People are aware about the seriousness of these situations in a way they didn’t used to be, and feel the need to report it.

3. US courtroom dog spark legal debate. Dogs have played a comforting role in the courtroom for more than 20 years, mostly for children. However, their presence is being protested of late. A New York lawyer recently appealed his client’s conviction on the grounds that the courtroom dog affected the opposing testimony.

4. A legal doctrine that worries pharma defense lawyers. A new legal doctrine allows prosecutors to go after executives, holding them accountable for violations of the Food, Drug and Cosmetic Act. Here’s the catch- the executives can still be prosecuted even if they weren’t aware of violations.

That’s what we have for you this week, be sure to check back next Friday!

 

 

 

 

 

 

 

 

This week’s Family Law resources you might have missed: June 27 – July 1

The attorneys at the Law Offices of Smith/Coonrod/Mohlman may be able to assist you with needs you might have regarding family law. We handle a variety of cases involving everything from divorce, annulment, separation, child support to adoption and everything in between. We understand how draining these types of situations can be, and it is because of this that the attorneys at SCM will sympathize with you and offer guidance during the process. If you have any issues related to family law and are in need of assistance concerning legal counsel, please contact us immediately for a free consultation.

Here are some important resources you may have missed:

1. Families Lose in Child Support Case. In Turner v. Rogers, the Supreme Court recently ruled that the appointment of an attorney is not required when parents (more often fathers) face jail time for not paying child support. This ruling, in a sense, could mean that fathers are losing a degree of their freedom when they are unable to launch the best possible defense for themselves, and consequently ending up in jail more often than not.

http://bit.ly/joyf96

2. Catholic Groups Sue Illinois Over Gay Adoption Law. Catholic charities in Illinois are suing the state over a new law that requires adoption agencies to place children with gay couples. Highly controversial.

http://bit.ly/kIh9Uj

 

3. Alameda Family Law Attorney Tells Parents How They Can Make Divorce Easier on Their Kids. It is the goal of attorneys operating in the realm of family law to help their clients resolve their issues as amiably as possible. This is of particular importance when there are children who will be affected by the proceedings. Here, a family law attorney provides tips on how to keep the kids out of the conflict, and stresses exactly why this is so important.

http://bit.ly/lMj8ky

 

Be sure to check back again next week for more important legal resources. Happy 4th of July from the legal team at Smith/Coonrod/Mohlman! Have a great weekend, everybody.

The week’s essential Personal Injury Law resources that you may have missed. (May. 23 – May. 27)

Attorneys at the Law Office of Smith/Coonrod can help if you have been injured through the fault of another. This is the primary area of practice for our law firm and our attorneys handle many cases that are considered “personal injury”. These kinds of cases include car accidents, slip and fall, professional malpractice, wrongful death and others. If you or a family member has been seriously injured or killed as the result of the negligence of others you may be entitled to compensation. Whenever you believe you have a claim against someone in an accident, you should seek legal advice as soon as possible in order to protect your rights. In general, you have a limited amount of time from the date of the accident to file a complaint against the other party(ies) involved. You should always seek advice at the earliest stage possible. If you do not, it may seriously jeopardize your case: your attorney needs to act quickly and preserve the evidence: memories fade, witnesses disappear, and vital records and reports are lost without quick action. Please contact the Law Offices of Smith/Coonrod for a free consultation. We generally handle these type of cases on a contingency basis so you do not pay us unless we obtain a recovery for you.

Personal injury is the primary area of practice for our law firm.

Here are some important resources you may have missed:

1. Salad Suspected in Illinois Salmonella Outbreak.

Fifteen people have now been confirmed infected with the outbreak strain of Salmonella, according to a news release Monday from the Kane County Health Department. The onset of the first illness was April 5 and onset of the last illness was April 30.  Three of the case patients became so ill they were hospitalized.

http://bit.ly/l5UVDb

2. A Georgia insurance company that paid a wrongful death claim on behalf of a former Utah State University fraternity has settled the lawsuit it brought against four of the fraternity’s members.

Attorneys for RSUI contend the defendants planned and participated in a “capture event,” in which new pledges would be kidnapped by members of a sister sorority and later rescued by fellow pledges. During the event, Michael Starks drank nearly two-thirds of a bottle of vodka. He died hours later.

Read more at http://bit.ly/kTrLVo

Check back each week for the best of the best news!


The week’s essential Franchisee work resources that you may have missed. (Feb. 14 – Feb. 18)

Our attorneys have advised and represented clients of various size and savvy in their dealings with franchisors. We may be able to help you.

The Law Offices of Smith/Coonrod, LLC is able to offer a wide variety of services to franchisees and independent franchisee associations across diverse industries and brands.  Our attorneys have advised and represented clients of various size and savvy in their dealings with franchisors.

Importantly, we represent only franchisees and independent franchisee associations.  Our services include:

  • Franchisee representation in negotiations, settlements, mediation, arbitration and litigation in regard to the total life-cycle of the franchise / franchisor relationship – from inception to exit;
  • Routine franchise matters requiring skilled legal representation, including landlord-tenant, construction, information technology, marketing, etc.
  • Creation, organization, management and representation of independent franchisee associations.

Among other individual engagements, we currently represent several independent franchisees and former franchisees of Brooke Franchise Corporation, which franchises insurance agency locations throughout the country.  We are currently involved in several ongoing arbitration proceedings involving these franchisees.

The Law Offices of Smith/Coonrod, LLC also has access to qualified franchise consultants for advice on various non-legal issues where necessary.

If you are interested in hearing more about our services and how we can help you as a franchisee, please contact Brett Coonrod.

Here are some important resources you may have missed:

1. Small Business – franchising basics for entrepreneurs who are thinking about franchise ownership. http://on.wsj.com/f9gdwO [INDUSTRY]

2. Franchise owners of UPS Store & Mail Boxes Etc. now have 2 appeals in process in California Court of Appeals http://bit.ly/hky2wk [INDUSTRY]

Check back each week for the best of the best news!

The week’s essential Family Law resources that you may have missed. (Feb. 7– Feb. 11)

The attorneys at Smith/Coonrod will sympathize with your needs and offer guidance through what is often a difficult process

Attorneys at the Law Offices of Smith/Coonrod may be able to assist you with your family law needs.

Attorneys at the Smith/Coonrod handle a variety of family law cases involving divorce, annulment, separate maintenance, child support modifications, and adoptions. At Smith/Coonrod we understand how critical the personal touch can be in handling issues involving domestic relations. For this reason, attorneys at Smith/Coonrod will sympathize with your needs and offer guidance through what is often a difficult process. If you have any issues related to family law and need assistance of legal counsel, please contact this firm immediately for a free consultation.

Here are some important resources you may have missed:

1. Proposal that would fundamentally change approaches to post-separation parenting. Check this out. http://bit.ly/e3h9Hk [INDUSTRY]

2. Women who choose to live with rather than marry their partners should wise up to the law, says Vicki Woods. http://bit.ly/huftBY [INDUSTRY]

3. Prenups: Not romantic, but neither is battling over money when you’re already heartbroken. http://bit.ly/hLtPjp [INDUSTRY] #FamilyLaw

Check back each week for the best of the best news!

The week’s essential Premise Liability service resources that you may have missed. (Jan. 31 – Feb. 4)

Don't stress if you have been injured on someone else’s property and negligence is involved. We can help.

Attorneys at the Law Offices of Smith/Coonrod may be able to help if you have been injured on someone else’s property and negligence is involved.Premises liability is the law that governs “slip and fall” accidents and determines who is at fault for them. Premises liability law generally refers to injuries occurring on someone else’s property because the property owner was negligent or created an unsafe condition. Landowners are required to protect those who lawfully enter on the land or property from reasonable injuries. These landowners include business owners and homeowners and cases can include falls, fires, inadequate security, and other types of personal injury. Common situations giving rise to premises accidents include uneven floor surfaces, poorly marked changes in elevation, slippery surfaces, broken sidewalks, uneven elevators and broken steps.

Premise liability related injuries may include:

  • Injuries caused by alleged defects.
  • Injuries and/or property loss caused by: various types of equipment on construction sites, trespass/nuisance, explosions, fires.
  • Injuries caused by dangerous animal attacks, alleged structural defects of buildings, and by criminal assaults on premises.

If you feel that you have a case involving premises liability, please contact the Law Offices of Smith/Coonrod for a free consultation.

Here are some important resources you may have missed:

1. Premises Liability in Los Angeles Does Not Discount Snarling Dog. Great article, check it out! http://bit.ly/hkoy9t [INDUSTRY]

2. Ski lift tickets have printed warnings and waivers of liability, releasing ski resort owners from any claim of injury due to the inherent risks of the sport. http://bit.ly/fiM6Zu [INDUSTRY]

3. Trespassing on beachfront condo properties gets Police Chief saying that there needs to be a change in law. http://bit.ly/e70O1f [INDUSTRY]

Check back each week for the best of the best news!


The week’s essential Car Accident resources that you may have missed. (January 24-January 28)

Don't worry if you or a loved one has been injured in a car accident, you may be entitled to recover damages for your lost wages, property damage, medical bills and pain and suffering.

Smith/Coonrod works hard to make sure you are up to date and informed on Legal Industry News. Your opportunity to read industry articles on our Smith/Coonrod WordPress blog for this week are right here.

Attorneys at the Law Offices of Smith/Coonrod may be able to help if you have been in a car, truck or motorcycle accident. If you or a loved one has been injured in a car accident, you may be entitled to recover damages for your lost wages, property damage, medical bills and pain and suffering. Road accidents are the most frequent cause of personal injury claims, and whether you were the driver or passenger in a car accident, or even if you are a pedestrian involved in a car accident, you could be entitled to compensation for pain, suffering and injury caused by a road traffic accident that was not your fault.

It is important to seek assistance and advice from a qualified and experienced car accident lawyer as soon as possible following the incident. You may have limited when it comes to claiming compensation depending on which state you are in, so it is important to seek advice as soon as possible.

You should always seek medical and legal help following an accident. Additionally, some things to remember if you are in an accident include:

  1. Remain calm
  2. Stop in a safe place
  3. Make sure no one is hurt
  4. Call 911 and ask for the police, and an ambulance if necessary
  5. Write down the names of any other drivers, and their addresses and phone numbers. Record their vehicle registration numbers. If you believe the other driver is intoxicated, tell the police officer
  6. Get the names, addresses and phone numbers of the witnesses
  7. Ask the police officer for the police report number and where and when a copy will be available

Following the accident:

  1. Contact your insurer
  2. Get medical treatment promptly and continue to get all the medical treatment you need for as long as you need it
  3. Do not speak to the insurance company for the other driver. Instead, tell the insurance company representative to call your lawyer
  4. Have someone take photos of the cars and any skid marks on the road (skid marks start to fade within days)
  5. Keep track of all the places you have gotten medical treatment, the physical ailments that you have and how the injuries affect your day-to-day life. Detailed notes are very persuasive if you later make a claim.

If you believe you may have a claim arising from a car, truck or motorcycle accident please call The Law Offices of Smith/Coonrod, LLC

Here are some important resources you may have missed:

1. State prohibits drivers of all ages from using any type of electronic device while behind the wheel. http://bit.ly/e8idhW [INDUSTRY]

2. Fatal car accidents are significantly less on urban roads than their rural counterparts. See here why http://bit.ly/dSI3Dy [INDUSTRY]

Check back each week for the best of the best news!

The week’s essential Small Business service resources that you may have missed. (January 3-January 7)

Consulting an attorney can help get useful information without breaking the law

Smith/Coonrod works hard to make sure you are up to date and informed on Legal Industry News. Your opportunity to read industry articles on our Smith/Coonrod WordPress blog for this week are right here.

This week, we focused on Small Business services, and how to prepare yourself for all sorts of franchise situations. The first step? Contact Smith Coonrod. http://smithcoonrod.com

On outline of our Small Business services:

The Law Office of Smith/Coonrod offers a wide range of services to both small and large businesses in such areas as business torts, contracts, dispute resolution, real estate and franchise matters with an emphasis on achieving early resolution when possible. We can assist in reviewing and drafting operating agreements, buy sell agreements and non-compete agreements. We can explore alternative dispute resolution when that is in the best interest of the client but are willing to aggressively try lawsuits as well. We offer free initial consultations on most matters.

In-House Counsel/Retainer Program

Some business executives, particularly those leading small or emerging companies, would like an in-house lawyer on the management team to serve as a sounding board. They want someone who is familiar with the company, its personnel and culture. They don’t want to worry about the bill every time they ask a simple question. They want to spend less time managing legal issues and spend more time growing the business. They have plenty of legal needs but not enough to justify hiring a full-time attorney. Hiring The Law Office of Smith/Coonrod on a retainer permits the accurate budgeting for legal services and is generally less than what is typically spent on an outside counsel.

The benefits of the Smith/Coonrod business retainer program include affordability, ease in budgeting for legal services, prompt attention to legal needs, a network of contacts for related services and the establishment of a long-term relationship that will ease your companies growth to the next level and beyond.

Here are some important resources you may have missed:

Lesser-known option to bankruptcy avoids courts, which can save money and time. http://goo.gl/Begzg [INDUSTRY]

Small businesses Interviews: Consulting an attorney can help get useful information without breaking the law. http://goo.gl/iKcky [INDUSTRY]

Technologies in 2011 could be advancing and changing how much we spend on legal advice in the future. http://goo.gl/evkOw [INDUSTRY]

Join us on LinkedIn!

Smith Coonrod sponsors a LinkedIn group where members can discuss their experiences and ask questions about our services!http://goo.gl/G5POW