Archive for Civil Litigation

A lawsuit has been filed against North Carolina restaurant Tarheel Q after an incident involving salmonella-contaminated food. The lawsuit was recently filed by the law firm of Ron Simon & Associates, along with local counsel Janet, Jenner & Suggs, on behalf of a Greensboro resident who was made ill after eating at the restaurant earlier this month. According to the lawsuit, the woman became sick after eating salmonella-contaminated food at the restaurant and was sent to the hospital. The woman is still recovering from the illness.  Read more about the suit.

Indiana University Health is facing a lawsuit alleging that it committed fraud by sending high-risk, low-income women to nursing assistants, rather than to doctors, as their paperwork stated. The whistleblower lawsuit was filed by a doctor who served as director of women’s services at HealthNet as well as medical director of ob-gyn services at IU Health Methodist Hospital. The lawsuit alleges that the hospital sent the high-risk, low-income female patients to nursing assistants, when they needed to be seen by doctors. It further alleges that the hospital fraudulently claimed that the women had been treated by doctors.

Red Bull Settles False Advertising Suit, Offers Refunds

Energy drink maker Red Bull has settled a class action lawsuit by consumers alleging deceptive advertising. The group of consumers alleged in the lawsuit that the company lied in its advertising by claiming that the drinks contained only caffeine to provide energy, and not guarana, taurine and or other ingredients. The class action lawsuit also alleged that the company falsely advertised by claiming that the drink was a superior source of energy. As part of the settlement, Red Bull is offering a reimbursement for any consumer purchases over the last 10 years.

  1. Retain all check writing authority.  This forces the owner, in the absence of forgery, to be involved in the check writing and prevents the temptation of writing checks that are not for the benefit of the business.  In the case filed by our firm, the Defendant was writing herself additional paychecks and even got so bold as to pay personal bills out of company funds.
  2.  Require multiple signatures for checks over a certain amount, i.e. $1,000.00.
  3. Do not get lulled into believing it could never happen to you, accountability keeps people honest in many instances.
  4. Never sign a blank check.
  5. Never have a signature stamp.
  6. Review your bank statements monthly or at least randomly spot check them.  This way you can see any unusually checks or ACH activity.

Hodges Trial Lawyers has recently filed a lawsuit to help a local business that’s been a victim of fraud recover their stolen funds.

Apparently, Medicare paid $5,100,000,000.00 to nursing homes that did not meet minimum federal standards.  According to the report, one out of every three times patients wound up in nursing homes that year, they landed in facilities that failed to follow basic care requirements laid out by the federal agency that administers Medicare.

This certainly puts the onus on families with loved ones needing nursing home care to be sure that the facility they choose is up to the task.  Below is a link to a news article with more information.

http://www.startribune.com/nation/193737941.html

Here is an interesting article that concludes “tort reform” is not a priority of American small businesses.  The National Federation of Small Businesses (“NFIB”) routinely surveys its’ small business members to find out what their concerns are.  NFIB spends alot of money and energy pushing for “tort reform.”  Interestingly enough, out of the 75 issues listed on the survey, “tort reform” ranked #65 out of 75.  You can read more about the survey here.  It makes you wonder why this entity is spending so much time and money pushing an issue that is of less concern than 64 other issues.

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License to be negligent?

The Gadsden Times ran an article today on the Alabama Supreme Court’s last year decision to take away a $3,200,000 jury verdict against Baptist Hospital. The Court decided to take away the verdict because the Court determined that the hospital was entitled to state immunity. The hospital is not owned by the state, but the Court reached this controversial opinion and took away this verdict. There was no ruling by the Court that the hospital was not negligent. Jo Ann Shiver is a daughter of the victim. She was stunned by the ruling on sovereign immunity or state immunity.

“Shouldn’t a hospital be responsible if they cut the wrong leg off?” Shiver said. “It gives them license to be negligent.”

Corporations should not be allowed to hide behind immunity to avoid being accountable for bad actions. This ruling deserves to be reconsidered. You can read the full article here.

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