February 14, 2011 in Legal Articles, Litigation by jferris

Intellectual Property Rights Are Your Key to Business Profitability

Most people do not really care about intellectual property. It is only those who have a direct investment in something that ultimately makes them money that are concerned.

It goes without saying that large companies these days have an enormous amount of intellectual property behind them. It is what made them the success there are today. The most valuable thing for any company, but the larger ones in particular, is their brand and IP value. This leads to an interesting question. How much more do you think a company would be valued at if they actually invested more in IP registration and identification? It is food for thought.

For those major players on the block in the corporate world, such as BMW or Coke, they have gone to the trouble to clearly identify, maintain and keep their IP rights secure. It is obvious these efforts have played a big part in their successes as well. IP rights affect their operations, their appeal to current and potential investors, the ability to choose certain partnerships and increase the business value for a merger or sale.

What is the attraction here? What is more important than fixed assets? The answer is information. Information is more valuable now than actual physical property. Information has the added benefit of being a highly tradable asset when it is protected by IP laws, etc. This is what increases the value of a company and this is why you need to have even a passing knowledge of how IP works and why you need to make sure it is legally protected.

Still in the dark? Here are some of the areas you may create IP in, beginning with trade secrets. Trade secrets protect proprietary information, such as what is in the Coke formula, how do they run their company and what systems do they have that makes them successfully competitive? IP also comes in the form of trademarks that protect parts of your general brand. E.g. names, pictures and slogans.

Copyright is a very big part of IP and acts to protect things like recordings, pictures, books, documents and videos. There are of course exceptions to every rule and if you do not understand how IP works, then it is usually best to discuss your concerns with a competent Los Angeles trademark and copyright lawyer. You may also want to ask about inventions, processes and types of ideas, an area that deal with industrial designs and patents. It is a big and confusing world out there and knowledge is power for your business.

Where do you start? The first thing to do is identify what you currently have for IP in your company. If you are not certain how to do that or what to do and what classifies as IP, make that call to an experienced Los Angeles trademark and copyright lawyer and find out. Once you know what you have, the next step is tracking and managing it and registering it. While that may sound simple, it is not always that easy to do. That is why a good IP lawyer is worth their weight in gold, not to mention the fact that with the right legal advice, your business will be worth its weight in gold.

To learn more about David Alden Erikson, Attorney at Law, visit Daviderikson.com. Mr. Erikson specializes in Los Angeles fashion law, internet law, business litigation, trademark and copyright law.

November 30, 2010 in Legal News, Litigation by jferris

MIST defense defeated at trial of severely injured man

Snatching victory from the jaws of the defense is a feather in a personal injury lawyer’s cap. This case outlines how.

“It’s always nice to be able to beat a big insurance company in court,” said Daren Monroe, who writes for Litigation Funding Corporation, Southfield, Michigan. “This is a stellar case, where two personal injury lawyers took an aggressive approach to a tough case and won the day.” The verdict in this particular trial was close to a million dollars and was the result of a horrendous truck accident case. The insurance company went to court because they felt their position was defensible and they were planning to be tough about it.

The case was about a 28-year old man who was involved in a wreck with a truck. He was in good physical shape before the crash, meaning he had no lower back pain and did not have any pre-existing injuries. After the collision, he was in constant pain that escalated to the point where he required low back fusion surgery.

This didn’t make much of an impression on the insurance company, whose trial tactics were to focus on the lack of visible damage to his car, dispute liability for the accident in total, and suggest the man was faking his injury. “The insurance company even went so far as to hire a private investigator to follow him around and gather evidence. But there was nothing to find,” Monroe said.

The part about the plaintiff faking his injuries is usually referred to as the MIST defense, which breaks out to minimal impact, soft tissue. In a nutshell, insurance companies aim to convince a jury that very serious personal injuries, like this plaintiff’s back injury, can’t possibly happen as a result of low damage accidents.

“The MIST defense is a bit of hogwash, as people have been catastrophically injured or even killed in low damage accidents, while others in total wrecks walk away unscathed,” Monroe said. “Put another way, there is no correlation between injury and vehicle damage.”

Waiting for the verdict in this case would have been very financially difficult for the plaintiff, who was trying to recover from significant back surgery and major pain. He would have likely needed money to pay his bills, but didn’t know where that would come from and how he could manage his expenses. This situation would be ideal one for the plaintiff to apply for a lawsuit loan.

It’s easy to apply for litigation funding. It is a no hassle process, as the legal finance company knows how much the plaintiff has already gone through to get to them in the first place. To that end, anyone who applies and qualifies for pre-settlement funding does not pay to apply for funds, does not have to shell out upfront fees, does not have to make monthly payments and does not need to go through a credit check or have a job.

Litigation funding is worth checking into, as it could set the plaintiff back on their feet financially, until the case is settled. In the process, they don’t have to take any offers from the insurance company, not with a lawsuit cash advance in the bank.

To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.

November 20, 2010 in Legal News, Litigation by jferris

Truck driver flees the scene of fatal accident

One wonders what happened to people taking responsibility for their actions. A trucker fled the scene of this fatal accident, attempting to avoid being caught.

This fatal accident took place on the Burlington-Bristol Bridge when a metal bar came off a dump truck loaded with stone and heading for New Jersey. According to police reports, the dump truck suddenly crossed into oncoming traffic and hit a vehicle. The bar pierced the windshield of the vehicle hit by the truck, causing the driver’s death. Rather than wait at the scene of the accident, the trucker took off.

“It so happens that the bridge authorities keep surveillance tapes and caught not only the accident on tape, but the trucker fleeing the scene and ultimately pulling into a parking lot after crossing the bridge and then using back roads to get to his destination,” said Daren Monroe, who writes for Litigation Funding Corporation, Southfield, Michigan.

Thanks to the tape, the police were able to find the owner of the truck, Aldeep Enterprises. The trucker who was driving at the time of the fatal accident eventually surrendered to the police and found himself facing charges of obstructing government function and several motor vehicle counts.

“He was taken to jail and held on $75,000 bail. A quick check of his driving record showed a series of minor moving violations and at least 11 suspensions for administrative reasons,” Monroe said.

“There’s not much question about who was liable for this accident, and it’s likely the family of the person killed in the accident will want to speak to a wrongful death lawyer about filing a lawsuit. They will need to know their rights and how to deal with the crushing loss of their loved one,” Monroe said.

The family might find themselves in financial difficulties due to the death of their loved one and not know how they are going to be able to pay their bills. The solution to this dilemma is to apply for litigation funding to help tide them over until their case is settled or goes to court and a verdict is handed down.

Pre-settlement funding is applied for by filling out an application online at the litigation finance company website. It is easy to fill out and only takes a few minutes. Once the case has been assessed, the lawsuit cash advance is sent out within 24 to 48 hours by check or wire.

“Applicants for lawsuit funding do not have a whole bunch of hoops to go through to get their legal financing in place and they don’t have to pay any upfront fees either. In fact, there is no cost to apply for pre-settlement funding and the plaintiff will not be shelling out any monthly payments to pay the lawsuit loan back,” Monroe said. If the case is lost in court, the plaintiff keeps the lawsuit loan; free and clear.

When a family is cash strapped due to the sudden loss of a loved one, litigation funding is an emergency loan to tide them over until they get justice. It allows them to pay every last bill they may owe and keep current on the rest of them. It also has the added advantage of allowing the victims to decline any offers that aren’t reasonable made by an insurance company. Litigation funding is well worth checking out.

To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.

October 13, 2010 in Legal News, Litigation by jferris

Man dies of uterine cancer after defective kidney transplant

Medical malpractice comes in many forms. In this case, it resulted from a transplanted cancerous kidney.

This trial will be fairly long given the bizarre nature of this case. This medical malpractice lawsuit was the result of an organ transplantation that turned out to be deadly for the recipient. “The plaintiff is the widow of a man who died of uterine cancer after his kidney transplant. Yes, I did say uterine cancer. This is a very unusual case,” said Daren Monroe, who writes for Litigation Funding Corporation, Southfield, Michigan.

The man who first received the kidney transplant suffered from diabetes-induced kidney damage and was on dialysis. Vincent Liew was on a waiting list for five years prior to getting a call in 2002 that a kidney match had been found. The transplant operation took place in February, 2002, but Liew’s condition did not improve. In fact, he was in unending pain and wanted the kidney removed. It was taken out in August of 2002.

At that time, the family was advised that Liew had uterine cancer; a disease usually limited to women. Doctors at NYU stated the chances of Liew getting uterine cancer was less than 1 percent, since he did not have a uterus. Whatever the statistics said, Liew died in September 2002 and an autopsy cited uterine cancer as the cause; cancer originally found on the transplanted kidney.

“Organs are not supposed to be donated if the donor died of cancer,” Monroe said. “Obviously, something went wrong at the donating hospital, which was sued by NYU for not properly screening the diseased organ.” Of course, the major question here asks how the transplant team could miss the fact that the kidney was contaminated with tumors.

Key evidence in this case was provided by Dr. Thomas Diflo, an organ transplant specialist who apparently found out vital information about the kidney’s donor. The NY Organ Donor Network indicated that the donor was a woman who died of uterine cancer and that the kidney was covered in tumors. Something obviously went terribly wrong in this case, and finding out who was at fault will take some time.

Mrs. Liew will no doubt be extremely worried about how she is going to pay her bills and continue with her life. She will be coping with trying to pay all of the medical debt from 2002 until 2009, when her husband died. Even if the couple had medical insurance coverage, chances are it ran out a long time ago. This case would be a perfect candidate for pre-settlement funding; an emergency lawsuit loan that lets the widow deal with her enormous medical bills and also keep current with the usual bills she would have to pay.

Litigation funding, also referred to as litigation financing, is fast cash that may be applied for online or by phone by calling a legal finance company. Once the case has been assessed and the lawsuit loan approved, it is sent on its way to the plaintiff by check or wire. Once the funds arrive, they pay their bills and then get to wait for justice to be done. In other words, they don’t need to accept any ridiculous offers from an insurance company.

To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.

October 13, 2010 in Legal News, Litigation by jferris

Immersion football camp injures 31

An overzealous football coach pushed 31 football players into physical collapse in Portland, Ore., this summer. Four ultimately needed surgery.

This is a bizarre case where a high school football coach got carried away during what he referred to as a football “total immersion” camp.

“This particular football camp took place at the local high school and required the players to camp overnight on the school campus for this event. There were three practices slated every day that included weight training,” said Daren Monroe, who writes for Litigation Funding Corporation, Southfield, Michigan. The whole event was being put on under the auspices of the new coach, Jeff Kearin.

It seems that Mr. Kearin pushed things just a bit too far for the kids involved in this camp. By mid-week, there were a number of kids complaining about major swelling on their arms. Those players were rushed to the hospital for treatment. “Evidently, three of the boys were diagnosed with compartment syndrome, which means a fluid buildup combined with swelling. Four other players looked like they would need surgery and were placed under observation,” Monroe said.

Just when it seemed like things were tapering off, 24 more students got very ill and were tested for high enzyme levels. Sixteen players showed high risk levels and were rushed to hospital. One boy needed surgery and three others were admitted immediately.

Interestingly enough, the players stood up for their coach and said the workouts weren’t as bad as what they had to go through for wrestling practices. However, there are a number of very unimpressed parents discussing legal action. They feel this is high school football, not college pro ball or even the NFL and that workouts like that for kids were just too much for them to handle.

The school district isn’t sure if it will pay medical expenses and they aren’t sure if it will discipline the coaching staff. In the meantime, there are a number of parents talking to personal injury lawyers about trying to recover compensation for their son’s medical bills.

“Any one of the families of the boys that were seriously injured and who may have also required surgery would be entitled to not only file a personal injury lawsuit, but to also apply for interim legal financing from a litigation funding company,” Monroe said.

Pre-settlement funding is ideal for cases like this, where the families may be just barely making ends meet during this tough economy and are not sure how they will pay for their son’s medical bills. They might be able to keep up with their regular bills but don’t know where they will find the money to handle anything else. A lawsuit cash advance may be the perfect answer for them.

The unfortunate victims and their families in this case should check to see if they are eligible for lawsuit funding. If they are, the fast cash is delivered within 24 to 48 hours and would handle their immediate medical expenses, the costs of surgery, rehabilitation, medications, etc., as well as their usual bills. Being approved to receive pre-settlement funding will let the families wait for a decent settlement or verdict and not have to take the first offer that an insurance company makes.

To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.

May 12, 2010 in Legal News, Litigation by admin

The Defendant Vanished, but Judgment Collection Still Proceeds

They say life is stranger than fiction. Could be that’s the case in this unusual wrongful death story.
This is a case of wrongful death involving Tom Lyon (deceased) and his killer and former neighbor, Rodney Heemstra. The facts of this unusual incident culminated in a single rifle shot to the head of Tom Lyon in 2003 in rural Warren County. Lyon and Heemstra had been having arguments over cattle-watering equipment and farmland. Lyon was unarmed at the time of the shooting. Heemstra chained his corpse to pickup track, dragged it into a field, and hid it in a cistern.

Heemstra was convicted of voluntary manslaughter and was later released from state prison in October 2008. While Heemstra was in jail, Lyon’s widow brought a civil suit against him and his family that resulted in punitive damages of $750,000 and $5.68 million in the form a judgment. The judge in that case ruled that Heemstra and his wife had made plans to defraud Lyon’s estate of the wrongful death judgment he had been ordered to pay. The precise words the judge used to describe the Heemstra’s actions were “conniving and motivated by greed.”

It’s now 2010 and the Lyon family has not seen one thin dime of the $5.68 million judgment or the $750,000 in punitive damages. The reason for this seems to be that the killer has disappeared. Even Heemstra’s lawyer of record is asking to be removed from the case.

Despite that one rather major glitch, the judge ruled that whether he was present or not didn’t matter, and efforts to collect on the judgment will continue by authorizing a court-appointed referee to sell Heemstra’s farmland and other real estate. The proceeds will be distributed by the court.

Even without all the twists and turns in this highly unusual wrongful death case, the plaintiff, Rona Lyons, would have had to still pay all the family bills, funeral expenses, legal expenses, mortgages, land taxes and other extremely important bills. It was not easy for her to lose her husband at the hands of a supposed neighbor and one time friend. The emotional pain and suffering would have been overwhelming.

This situation may have been helped by Lyons applying for litigation funding to allow her to wait the seven long years to justice for this death. If the case qualified, lawsuit funding may have allowed her to pay her bills immediately instead of going into debt waiting for a verdict or settlement and, in this case, a source of payment. Lawsuit financing is non-recourse funding and if she had lost her case, she would not have had to one red penny back.

Often a lawsuit cash advance is just a mere phone call away and about 48 hours in getting to the applicant. It’s an ace in the hole that lets those plaintiffs facing long legal battles wait for a fair settlement rather than take less money quickly because they need the cash.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

February 26, 2010 in Legal News, Litigation by admin

Two Semis Tangle, One Dies

This case revolves around two semis; one a box truck and an 18-wheeler that collided in Bakersfield, California. It was just something that should never had happened, and likely wouldn’t have in most cases, but for the fact that the semi got stuck going around a corner. That stroke of bad luck put the box truck bearing down on him in a tough position.

The box truck has no place else to go and could not stop in time. It slammed into the semi. Unfortunately, the driver of the box truck died at the scene of the accident. It was foggy at the time and police think that may have been a contributing factor in the accident, as well as excessive speed. The semi truck driver was largely unhurt, but did sustain cuts, bruising and abrasions. The results of other medical tests won’t be known until later, as it is possible the given the force of the impact, he may have sustained whiplash, fractured or cracked ribs, dislocated shoulder or other spinal injuries.

Whatever the outcome of the medical evaluation of the 18-wheeler driver, the likelihood is that he will be able to file a personal injury lawsuit. On the other hand, if the big rig driver had no business being where he was and trying to negotiate a turn that was not built for semis in the first place, the question of liability may be split or apportioned.

Whoever is able to file a personal injury lawsuit will want to know they have a way to pay their ongoing medical bills, their mortgage, tuition, car payments and the other daily expenditures of life. This could be accomplished by applying for a lawsuit cash advance. In most instances, lawsuit funding is available with 48 hours and does not need to be paid back if the lawsuit is lost. Check out litigation funding online, and make sure to choose a reputable provider with years of experience in this area.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

February 26, 2010 in Legal News, Litigation by admin

Two Vehicle Crash with Semi Resulted in Serious Injuries but no Fatalities

In what may be a case of “touched by an angel,” two people were injured when they were struck by a semi. Apparently the driver of the car that was hit lost control of a Pontiac G6, which wound up in front of a semi ( a Towne Air Freight tractor-trailer) bearing down on the car. With no time to stop, the big rig crushed the smaller car and in the process, drove over the front and back of the vehicle as it spun underneath the 18-wheeler. Despite all this happening, there were no fatalities.

The car’s occupants were taken to hospital after they were pulled out of the wreck. The driver sustained several leg injuries and the passenger a few cuts and abrasions. The trucker wasn’t hurt. The questions here for the police are what was the driver of the car doing just prior to losing control of the vehicle? Was alcohol involved? Did the driver experience a seizure? Was the driver distracted by something on the other side of the street and took their eyes off the road?

With regard to the semi; was it speeding? Was it on the wrong side of the road? Was the driver using a laptop at the time and could have avoided the accident? These are all things that will have to be answered in order to determine who is at fault in this accident. While it may look like the car driver was at fault, there are other factors that may come into play in determining who was negligent in this case.

As luck obviously had it for the car’s occupants, there were no deaths as a result of this horrific accident, and thus they will not become statistics in the nation’s death count. However, there may be a determination of split liability depending on what the results of the accident investigation show. In any event, the passenger in the car will likely be able to file a personal injury lawsuit for pain and suffering and medical expenses. Just because the passenger presented with bumps and bruises does not mean that they won’t develop whiplash or traumatic brain injury later. Only time will tell.

No matter what the resolution to this miracle of an accident, anyone who does choose to sue the driver of the car should consider checking out the possibilities of lawsuit funding. A lawsuit cash advance would allow the plaintiff the chance to pay their bills and wait for a just settlement later.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

February 26, 2010 in Legal News, Litigation by admin

The Stroller was hit by a Semi

This is a catastrophic accident that no one will ever forget, not when it involves the death of a 2 ½ year old toddler. The mother, 35-year Courtney Ayer was out with her jogging stroller and her son Dylan when the stroller was hit by a semi. The weather was good, it was early in the morning and the roads were apparently in good condition as well.

It appeared that when the semi went to turn a corner, it hit the stroller. Eyewitness reports differ on whether the stroller rolled out into the street or was hit while the trucker was executing a turn. Unfortunately, the stroller rolled right under the truck and was completely smashed. The mother was taken to hospital for treatment of her serious injuries.

If the trucker is determined to be at fault (negligent) in this case, the mother will be able to file a personal injury lawsuit (wrongful death) and attempt to recover damages for the catastrophic loss of her child. As yet, there are many questions to be answered in this case, such as what was the driver doing when he was going into the turn. Was he not paying attention to pedestrians? Did he not see anyone in his side mirrors? Was he going too fast, under the influence of alcohol, over tired or just plain careless?
If the stroller rolled out into the street, there is a slightly differ scenario that could be played out that would involve proportioning liability in the final damage award. This won’t be determined until the investigation is completed. However, if the mother was searching for something in her backpack for the baby and let go of the stroller, or was distracted because she was talking to a friend on a cell phone, this would involve an element of negligence on her part.

Litigation funding in cases like this helps a person facing a long court case to obtain justice deal with their day to day finances and all the extra things that crop up as a result of such a deadly accident. There will be enormous hospital bills, the cost of the funeral, rehabilitation for the mother, medications and other things like the mortgage, car payments and food. Life is able to go on with the assistance of lawsuit funding.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

February 26, 2010 in Legal News, Litigation by admin

The Car was Under the Bus

This case is a bit of a mystery, which has not yet been solved. The 21-year old driver of a small Kia was traveling westbound on a lane parallel to a school bus full of noisy kids. The bus got to the intersection and made a left turn, promptly colliding with the Kia in the midst of the intersection. Inside that small car with its mother was an infant child.

The impact was forceful enough to drive the entire front of the Kia underneath the bus. The police report showed that the Kia seemingly had the green light at the time of the accident, but they’re at a loss as to how the mother could have missed something the size of a school bus. What was the Kia driver doing at the time of the accident? There is a good chance she may have been fussing with her infant and wasn’t paying attention to the intersection or other traffic. She may have also been on a cell phone or distracted because she was late for an appointment.

No one really knows much more until the post accident interviews have been concluded; something that will need to be done in the hospital, as it took firefighters 30 minutes to extract the driver from the wreck using the Jaws of Life. Her injuries, and the infant’s, were listed as potentially critical, but not life threatening.

On the other side of this story are questions about what the bus driver may have been doing at the time of the crash. Did he make an illegal left turn against a red light? Was he trying to control kids and not paying attention to the road? Or was he thinking the Kia has a red light and was going to stop? The answers to these questions, and others posed by accident investigators will determine the facts filed for a personal injury lawsuit on the part of either the bus driver or the Kia driver. The issue of course is who is at fault here.

No matter what is resolved in terms of who was negligent and caused this crash, the person who was not at fault will likely have a good personal injury case. Since the devil is in the details, cases like this will be handled carefully and thoughtfully by the courts, which means it will take some time to get the matter settled.

The party not deemed at fault here may best be served by researching lawsuit funding for an answer to their financial difficulties. Life goes on after an accident and there will be medical bills, expenses for whatever medications are handed out, perhaps counseling, and the every day bills that everyone has to handle.

If that person can’t work any longer, the loss of income is devastating. Litigation funding is generally made available within 48 hours or less and it only takes one phone call to arrange it. A lawsuit cash advance would be the perfect answer to dealing with the pile of bills left in the wake of the accident.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.