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Employee Retirement Income Security Act (ERISA) Attorneys
Attorney Blogs | 2013/10/25 22:52
Los Angeles Employee Retirement Income Security Act (ERISA) Claims Attorneys

Newport Beach Disability insurance, life insurance, annuity, health insurance attorneys can help you resolve your claims and disputes involving the Employee Retirement Income Security Act f 1974, also commonly known as ERISA. McKennon Law Group's main attorney Robert J. McKennon as recognized and awarded the "2013 Top Rated Lawyer in Labor & Employment” by American Lawyer Media and Martindale Hubbell, leading providers of news and rating information to the legal industry.

ERISA is a very complex area of the law and it is important you have an attorney who understands it. ERISA claims are the most common cases litigated in Federal Court, a court in which most lawyers are uncomfortable.  ERISA involves mandatory administrative appeals and strict deadlines and it is crucial  that you know your rights and that you hire an attorney early in the process after your claim has been denied and before your appeal is administered. Our experience in litigating ERISA cases are the top in the nation and in the Orange County regio. We will be the aggressive advocate for your case to obtain maximum success involving all manners of insurance disputes.

We have over 25 years of experience litigating ERISA cases involving life, health, disability and pension claims. Call or email us to schedule a free consultation.


McDonnell Law Office - Motor Vehicle Accidents Attorney
Attorney Blogs | 2013/06/22 21:55
Motor vehicle accidents can be disastrous and costly. However, with the right Moto vehicle accident lawyer, it doesn't have to be. The pain and suffering resulting from accidents can be devastating. A statistical projection of traffic fatalities for the first nine months of 2012 shows that an estimated 25,580 people died in motor vehicle traffic crashes. This represents an increase of about 7.1 percent as compared to the 23,884 fatalities that occurred in the first nine months of 2011.

If you have been injured and feel that the other driver was at fault at all, McDonnell Law will help you obtain compensation. The costs of medical bills, physical therapy, lost wages and the mental costs from pain and suffering can be recovered if the other party was careless or negligent. It is important that you report your accident to the police and your insurance company right away. Do not have your car repaired until you have had pictures taken. Get pictures of all injuries. Make sure you get to the doctor to address your injuries and any and all aches and pains your are suffering.

At McDonnell Law our goal is to help your achieve the best results possible. Our href="http://www.mcdonnelllawoffices.com/index.php/practice-areas/personal-injury-law/motor-vehicle-accidents">San Diego Car accident attorney will guide you through the process, argue passionately and negotiate the best result possible. If the defendant will not agree to a reasonable settlement, we will start litigation right away and fight strenuously to protect your legal right to recovery. Call a Downtown San Diego Accident Lawyer at 619 857 9020 or email us today.


Lawyer enters not guilty plea for shooting suspect
Attorney Blogs | 2012/05/01 17:10
A California man accused of committing the nation's deadliest school shooting rampage since the 2007 attack at Virginia Tech pleaded not guilty Monday to murder charges.

One L. Goh, 43, entered his plea through his lawyer, Deputy Public Defender David Klaus in Alameda County Superior Court.

Goh is charged with seven counts of murder and three counts of attempted murder in the April 2 attack at Oikos University in Oakland.

Klaus declined to comment after the hearing.

Goh also faces the special circumstance of committing multiple murders that makes him eligible for the death penalty.

Authorities said Goh planned the shootings and opened fire at the small Christian college founded to cater to Korean immigrants after becoming angry over a tuition dispute with school officials.

Those killed were students Doris Chibuko, 40; Judith Seymour, 53; Grace EunHea Kim, 23; Lydia Sim, 21; Bhutia Tshering, 38; Sonam Choedon, 33; and secretary Katleen Ping, 24.

Choedon's brother, Wangchen Nyima, attended Monday's hearing and said he wanted to see Goh in person.

"I just want to know why this happened," Nyima said. "He seems like he has his own problems. He seems like he's a psycho."

Shackled and wearing a red jumpsuit, Goh appeared somewhat calm during his brief court hearing and was noticeably thinner than he was during his previous court appearance.

A once heavyset man, Goh lost about 20 pounds in jail after he went on a self-imposed hunger strike, said sheriff's Sgt. J.D. Nelson. Goh inexplicably began eating again on Saturday, Nelson said.


Proof of a Negative Not Required for Summary Judgment
Attorney Blogs | 2012/02/27 10:45
The Indiana Court of Appeals has issued a decision that may have a large impact on summary judgment practice in Indiana. In Commr. of the Indiana Dept. of Ins. v. Black, ___ N.E.2d ___ (Ind. Ct. App. 2012), the Court essentially held that Indiana will apply the standard set forth in Celotex v. Catrett, 477 U.S. 317 (1986), at least in some circumstances.
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Tim Black alleged that Dr. Harris and others rendered negligent care to his wife after she complained of chest pain. The negligence allegedly resulted in severe cardiac arrest and resulted in the need for a heart transplant. The medical review panel unanimously concluded that Dr. Harris failed to comply with the applicable standard of care.

After the panel decision, Black filed a petition seeking payment of $1 million from the Patient's Compensation Fund and asserted that he had settled with Dr. Harris for $250,000, thereby satisfying the qualifying amount to get to the fund. The Commissioner sought discovery of the settlement agreement but Black refused to produce it, saying it was confidential. Black did produce a copy of an unauthenticated check in the amount $250,000 from the Medical Assurance Co., made payable to Black and his counsel. Black also produced some correspondence between counsel that discussed a prospective settlement.

The Commissioner moved to dismiss the petition claiming that he needed the settlement agreement in order to make payment. It was not clear from the check whether the payment was for settlement with Dr. Harris or other defendants. The trial court denied the motion to dismiss and after conducting a hearing on damages, ordered the Commissioner to pay Black $1 million. The Commissioner appealed.

In considering the motion to dismiss, the Court of Appeals observed that matters outside the pleadings were submitted in support of the motion to dismiss and were relied on by the trial court. In light of this fact, the Court of Appeals, pursuant to T.R. 12(B), treated the motion as one for summary judgment. In a footnote, the court recognized that T.R. 12(B) requires that "all parties shall be given reasonable opportunity to present all material made pertinent to such motion by Rule 56." Although no such "opportunity" was given, the court found there was "no prejudice" and proceeded to consider the appeal as a summary judgment case.

The court noted that the Commissioner's position on the motion required him to prove a negative—-that there was no settlement with Harris for $250,000. In Jarboe v. Landmark Cmty. Newspapers of Indiana, Inc., 644 N.E.2d 118 (Ind. 1994), the Indiana Supreme Court rejected the view that a party seeking summary judgment could simply point to the opponent’s burden of proof at trial and prevail unless the non-movant produced evidence supporting its claim or defense. This ruling has for many years been perceived as being at odds with Celotex, in which the U.S. Supreme Court reached a different conclusion under the federal rules. In 2000, Justice Boehm, in dissenting from a denial of transfer in Lenhart Tool & Die, Inc. v. Lumpe, 722 N.E.2d 824 (Ind. 2000), expressed the view that a party who puts forward evidence that a non-movant will be unable to present evidence to prove an essential element of its claim or defense, should be entitled to summary judgment if the non-movant fails to present such evidence. In Black, the Court of Appeals held: "Today, we accept Justice Boehm's views on this subject expressed in his dissent."

Having adopted this new standard, however, the Court of Appeals found that in this case, based on the unauthenticated check and the settlement correspondence, there was a genuine issue of fact as to whether a $250,000 settlement on Black’s claim against Harris had been accomplished. So, the Commissioner was not entitled to summary judgment. Black was also not entitled to a judgment on his claim since it was not clear that the required settlement with Harris for $250,000 had been consummated.

The Court held that the Commissioner is entitled to discovery of the settlement agreement and that the confidentiality term in the settlement agreement would not trump the Commissioner's right to such discovery. The case was reversed and remanded for further proceedings.

http://www.indianalawupdate.com/entry/Proof-of-a-Negative-Not-Required-for-Summary-Judgment


Eugene Criminal Defense - MJM Law Office, P.C.
Attorney Blogs | 2012/02/20 11:26
Eugene Criminal Defense Law Firm

MJM Law Office, P.C. defends clients throughout Southern Oregon and the Willamette Valley against criminal charges. Eugene criminal defense attorney Max Mizejewski provides an aggressive defense against state and federal prosecutors. Mr. Mizejewski believes everyone's rights should be protected, and everyone deserves the best possible defense. If you have been charged with a criminal offense, you need to know your rights. Serious offenses such as drunk driving should not be taken lightly and you want to have an experience Eugene DUI Lawyer. Their firm also covers the follow criminal defenses: criminal driving offenses, drug crimes, property crimes, assault and violent crimes, and stalking. If you have been accused of domestic violence or are facing charges for any crime against the person it is important consult an experienced lawyer to protect your rights.

MJM Law Office is an Oregon based firm that has experience and successful track records defending cases against criminal charges. Their principal attorney, Max J. Mizejewski believes in dedicating time to understand each clients' individual case and specific needs. He has had the background and training to represent clients in criminal prosecutions and administrative hearings, making him the right advocate to have on your side. Contact MJM Law Office, P.C. today to schedule a consultation and visit www.mjmlawoffice.com for more information.


Corvallis Criminal Defense Attorneys - Arnold Law Office, LLC
Attorney Blogs | 2012/02/08 14:25
Prosecutors are always ready because they handle cases just like yours every day. Our strategy to gain advantage over the prosecution is to enter each settlement negotiation ready and prepared to go over each issue in your case. It is important to know the facts and legal issues better than anyone else in the courtroom because that will give you the edge as a defendant. Choosing to hire our firm means you are hiring a team of lawyers, not just one single person. Our lawyers strategically coordinate, gather evidence and work with experts to meet the demands of your case - Corvallis Criminal Defense Attorneys.

At Arnold Law Office, LLC, our Corvallis criminal defense attorneys treat every case as if it is their most important case. We understand how much is at stake for you and we will provide you with the straight-talking legal counsel you need and deserve. Call us at 541-338-9111


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