Category Archives: Cases

UK Personal Injury Law Sees a Calm Month after June Scrutiny

2013-07-15 — /EPRLawNews.com/ — Due to the nature of claiming for a personal injury, usually with the individual going against a business, it is always going to be a turbulent world, with legislation and law always having to keep up with the advancements in technology, professions and culture. The UK is no stranger to those twists and changes, and they can sometimes put the claimant in a position where they feel uncomfortable claiming for their personal injury, at work or otherwise.

Last month for example, there was media uproar about the amount of whiplash being made in the UK, with claimants coming under fire from a number of popular newspapers, saying that 50-60% of claims were fraudulent. According to Mail Online, fraudulent claims cost insurance companies £1bn ($1.51bn), blaming ‘American style claims’ for the increase in claim figures. On top of that, the attention came alongside changes to personal injury law. The interesting thing about these remarks is that the amount of car accidents has fallen by roughly 60,000 over the last year, understandably causing some confusion about the consistent level of claims.

Despite all this, the past two weeks have been a relatively quiet period in the UK. With no changes and little media attention, we are beginning to see a calmer season, yet that doesn’t mean it’s the last of scrutiny and change for the summer. As the temperature increases there is a higher amount of people on the road, workers that do their job outside are exposed to extra risks from the heat and the school break opening holiday season, meaning that we can probably expect some more attention before the end of August.

For the outside workers, the most common injuries are slips and fall that can end in minor breakages, so you would think that that becomes less in the dry summer, however, The heat can easily cause fatigue and dehydration, making people more likely to injure themselves.

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Jury Finds that Escort, Inc. and Beltronics USA, Inc. Infringe Two GPS Radar Detector Patents

On July 3, 2012, a jury found that Escort, Inc. (www.escortradar.com) and Beltronics USA, Inc. (www.beltronics.com) infringed numerous claims in U.S. Patent Nos. RE39,038 and RE40,653. In particular, the jury held that Escort’s Passport 9500i, Passport 9500ix, and Passport iQ radar detectors, together with Beltronics USA’s GX65 radar detectors, directly infringe claims 3, 5, 6, 7, 25, 26, 27, and 28 of U.S. Patent No. RE39,038 (“the ‘038 patent”) and claims 22, 31, 32, 33, 38, and 41 of U.S. Patent No. RE40,653 (“the ‘653 patent”). The jury also found that Escort and Beltronics contributed to the infringement of claims 3, 5, 6, 7, 25, and 28 in the ‘038 patent and claims 22, 24, 31, 32, and 33 in the ‘653 patent. The jury further found that Escort’s Passport 9500ix and Passport iQ radar detectors, together with Beltronics USA’s GX65 radar detectors, infringe claim 24 of the ‘653 patent.

The ‘038 and the ‘653 patents are owned by Hoyt Fleming, an Idaho inventor of 37 U.S. Patents. On March 10, 2009, Mr. Fleming filed a complaint (Case Number 1:09-cv-00105-BLW, United States District Court District of Idaho) alleging that Escort and Beltronics USA infringed the ‘038 and the ‘653 patents. Escort alleged that certain claims of the Fleming patents were invalid because Steven Orr, while working for Cincinnati Microwave, Inc. in 1996, made Fleming’s invention earlier in time than Fleming. On July 3, 2012, after a trial spanning more than two-weeks that included live testimony from Steven Orr, John Kuhn (Escort’s Vice President of Engineering), and John Larson (Escort’s President), the jury refused to invalidate the above claims of the Fleming patents based upon Steven Orr’s alleged prior work.

“I am very happy with the jury’s verdict because the jury held that Escort and Beltronics are infringing two of my patents. I am looking forward to a future trial in which another jury will also find that Escort and Beltronics and many of their retailers, including Best Buy and Amazon.com, are willfully infringing a third of my radar detector patents, U.S. Patent No. RE41,905,” said Mr. Fleming. Mr. Fleming is represented by Mr. Michael S. Dowler ofPark, Vaughan, Fleming, and Dowler LLP in Houston, Texas. Escort and Beltronics USA are represented by Gregory F. Ahrens and Brett A. Schatz and of Wood Herron & Evans in Cincinnati, OH together with Steven B. Andersen of Holland and Hart in Boise, ID.

Via EPR Network
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Jury Finds that Escort, Inc. and Beltronics USA, Inc. Infringe Two GPS Radar Detector Patents

On July 3, 2012, a jury found that Escort, Inc. (www.escortradar.com) and Beltronics USA, Inc. (www.beltronics.com) infringed numerous claims in U.S. Patent Nos. RE39,038 and RE40,653. In particular, the jury held that Escort’s Passport 9500i, Passport 9500ix, and Passport iQ radar detectors, together with Beltronics USA’s GX65 radar detectors, directly infringe claims 3, 5, 6, 7, 25, 26, 27, and 28 of U.S. Patent No. RE39,038 (“the ‘038 patent”) and claims 22, 31, 32, 33, 38, and 41 of U.S. Patent No. RE40,653 (“the ‘653 patent”). The jury also found that Escort and Beltronics contributed to the infringement of claims 3, 5, 6, 7, 25, and 28 in the ‘038 patent and claims 22, 24, 31, 32, and 33 in the ‘653 patent. The jury further found that Escort’s Passport 9500ix and Passport iQ radar detectors, together with Beltronics USA’s GX65 radar detectors, infringe claim 24 of the ‘653 patent.

The ‘038 and the ‘653 patents are owned by Hoyt Fleming, an Idaho inventor of 37 U.S. Patents. On March 10, 2009, Mr. Fleming filed a complaint (Case Number 1:09-cv-00105-BLW, United States District Court District of Idaho) alleging that Escort and Beltronics USA infringed the ‘038 and the ‘653 patents. Escort alleged that certain claims of the Fleming patents were invalid because Steven Orr, while working for Cincinnati Microwave, Inc. in 1996, made Fleming’s invention earlier in time than Fleming. On July 3, 2012, after a trial spanning more than two-weeks that included live testimony from Steven Orr, John Kuhn (Escort’s Vice President of Engineering), and John Larson (Escort’s President), the jury refused to invalidate the above claims of the Fleming patents based upon Steven Orr’s alleged prior work.

“I am very happy with the jury’s verdict because the jury held that Escort and Beltronics are infringing two of my patents. I am looking forward to a future trial in which another jury will also find that Escort and Beltronics and many of their retailers, including Best Buy and Amazon.com, are willfully infringing a third of my radar detector patents, U.S. Patent No. RE41,905,” said Mr. Fleming. Mr. Fleming is represented by Mr. Michael S. Dowler ofPark, Vaughan, Fleming, and Dowler LLP in Houston, Texas. Escort and Beltronics USA are represented by Gregory F. Ahrens and Brett A. Schatz and of Wood Herron & Evans in Cincinnati, OH together with Steven B. Andersen of Holland and Hart in Boise, ID.

Via EPR Network
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Morrell Caterers Sued in Three Lawsuits – Alleged Kosher Food Fraud, Top-Shelf Howard Fensterman Morrell, & Morrell Employees Tips

Under Jewish kosher dietary laws, you can’t mix kosher and non-kosher food at any meal or in any kitchen. If you do, then the kosher food becomes tainted and is no longer kosher.

Scott Morrell, head of one of Long Island’s largest kosher caterer, is accused by former employees of preparing and serving, over a number of years, non-kosher food in kosher kitchens – – food that he represented as kosher. This is a direct contravention of kosher dietary laws.

Two former employees of Morrell Kosher Caterers allege that as part of Morrell’s non-kosher catering business , Morrell brought non-kosher food into the kitchen of Temple Beth Torah. This food was placed on the same food preparation tables where kosher food was also being prepared, and the same pots and pans were deliberately used to cook both kosher and non-kosher food.

The result of this deliberate co-mingling of kosher and non-kosher food, pots and pans is the contamination of all the kosher food prepared in the same kitchen, from that first moment of contact onwards.

Examples of the non-kosher food introduced into the kosher kitchen by Morrell include shrimp, lobster, pepperoni, prosciutto, and sausage. Despite this, Morrell represented that the food being served at kosher events his firm catered was in fact kosher and, as such, customers were charged more money for the kosher affairs. Typically, Morrell contracts for kosher events included a charge of $800 for kosher food.
Class Action Lawsuit brought by Morrell Employees — A Second Lawsuit

But this is not all the bad news for Morrell.  A second lawsuit , a class action brought by hundreds of former Morrell employees , accuses Morrell’s company of, over a six year period, holding onto service charges included in the catering contracts — money that was earmarked for waiters, bus staff and maitre d’s. The employees said that the caterer also demanded that they give back to Scott Morrell any cash tips they received at events catered by Morrell’s company.

Howard Fensterman Morrell — A Third Lawsuit

Howard Fensterman Morrell — A third lawsuit against Morrell was by attorney Howard Fensterman. It alleges breach of contract and fraud by Morrell regarding a function hosted by Fensterman on May 29, 2010. That event was catered by Morrell’s firm. The suit accuses Morrell of substituting lower priced liquor for premium, top- shelf  liquor brands, as called for in Fensterman’s contract.

Via EPR Network
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ClaimsHeaven.co.uk Online Game Highlights Issues with Personal Injury Claims Marketing

Entertaining online consumer siteClaimsHeaven.co.uk has added a new free online game that takes a tongue-in-cheek look at the personal injury compensation industry in the UK to their array of claims resources.

If you’ve ever wondered about the personal industry claims market, and whether those adverts promising massive payouts if you have “been injured in an accident at home, at work or on the road” actually encourage a culture where people see being injured as a chance to cash in, then ClaimsHeaven.co.uk has a lot of interesting information and resources that can explain the way this controversial industry works, and help those who need to make genuine compensation claims avoid being ripped off or seduced by the promises of unscrupulous companies.

The latest tool the site offers consumers is a new free online game called Train 2 Claim that “trains” the player to become a better personal injury claimant. It involves the player’s character walking down a typical street with manhole covers and loose paving slabs, and having the ability to move to avoid these potential trip hazards. If you step on them, you’ll fall over, getting more and more injured the more times it happens. When the timer is up, you go and visit a compensation claims company to see how you’ve done. You then get a chance to try again, helping you learn what you need to do to get a bigger payout!

The game, and the supporting information can be found at:

www.claimsheaven.co.uk/games/train2claim.php

As well as being entertaining, it is intended to illustrate the problems in the personal industry claims market in the UK right now, and highlight the methods companies use that could potentially persuade people to make claims. The site is all about supporting legitimate claimants and helping people to understand the pitfalls and scams that exist in the UK claims industry, and aims to present its information through insightful, fun and interesting methods like this game.

Train 2 Claim is free to play through any popular internet browser, and users don’t need to submit any personal details to get access to the game, or any of the other information or games and resources on the site.

Via EPR Network
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Long Island Attorney Steven Cohn Clears Up Misconceptions About “Extortion” — Howard Fensterman Morrell

In lawsuits, when two parties are suing each other, it has been custom and practice for decades across the U.S. that in many instances the opposing attorneys informally exchange the suits with each other before they are formally filed with the clerk of the court.

The purpose of this long-accepted courtesy is to allow the attorneys to talk together and see if any or all parts of the parties’ lawsuits can be settled or resolved before going through lengthy and expensive litigation.

This is a key tenant that enables our civil justice system to move forward efficiently and not become bogged down in endless litigation of lawsuits that otherwise could be settled out of court.

In these instances, typically, the attorney for one or both parties get to the point where they say “it may well be in our mutual financial interests to terminate or resolve all or parts of these suits.”

A recent case in point where this happened involves Scott Morrell of Long Island’s Morrell’s Caterers, one of the largest catering services on Long Island . Importantly, in early 2012, Morrell faced three lawsuits for allegedly illegal and deceitful acts.

Background: Three Lawsuits Against Morrell Kosher Caterer

One was brought by two senior employees of his catering firm. Another was initiated by hundreds of former employees, and a third lawsuit against Morrell was brought by Long Island attorney and Morrell client, Howard Fensterman [Howard Fensterman Morrell]. Morrell is a long-time friend of Fensterman with whom Morrell had participated over the last ten years in separate, outside investments.

Specifically, according to numerous news media reports, including an article in the Long Island Press of February 16, the first lawsuit – – by two senior employees of Morrell’s catering business – – accused Morrell of deliberately bringing non kosher food into what was supposed to be a kosher catering kitchen, thus effectively “contaminating” both the food and kitchen in violation of Jewish law. Examples of the non-kosher food introduced into the kosher kitchen by Morrell include shrimp, lobster, pepperoni, prosciutto, and sausage. Despite this, Morrell represented that the food being served at kosher events his firm was catering was in fact kosher and, as such, customers were charged more money for that.

The second lawsuit, by hundreds of former Morrell employees, accused Morrellscompany of, over a six year period, holding onto the service charges included in the catering contracts that were earmarked for waiters, bus staff and maitre d’s. The employees said that the caterer also demanded that they give back to Scott Morrell, personally, any cash tips they received at events catered by Morrell’s company.

The third lawsuit against Morrell, by attorney Howard Fensterman, alleges breach of contract and fraud by Morrell related to a function Fensterman hosted on May 29, 2010 — an event catered by Morrell’s firm. The suit accuses Morrell of two dishonest actions — Howard Fensterman Morrell. First, the suit accuses Morrell of charging Fensterman apremium for top shelf brands of liquor and, instead, serving lower priced brands.Second, the suit accuses Morrell of encouraging Fensterman to pay, and receiving from Fensterman, an 18 % service charge above the cost of the affair, to assure more attentive service from the Morrell staff and a higher quality affair, without telling Fensterman that he, Morrell, was going to keep the money for himself.

Morrell Tries To “Switch The Topic” — Howard Fensterman Morrell

Howard Fensterman Morrell — In an attempt to deflect public attention from these allegations , Morrell’s response was to try to change the subject, alleging that the presentation of Howard Fensterman’s lawsuit to Morrell’s attorneys, prior to its filing in court, was an attempt to “extort” Morrell.

The facts are that Long Island attorney Steve Cohn, personally hand delivered the lawsuit to the office of Morrell’s attorneys to see if a pre-filing resolution might be achieved, avoiding the monetary and emotional cost of litigation for the parties.

Morrell’s desperate action was to cry “extortion” in the hope of diverting the attention of past clients , rabbis and congregation members from his alleged actions of breach of one of the most sacred duties of a kosher caterer — in essence, serving non-kosher food to unsuspecting clients and their guests. Morrell’s diversionary tactics were also meant to shift the media attention away from his alleged acts and to try to discredit Howard Fensterman’s good name.

Via EPR Network
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RJW Joins Forces With Slater & Gordon In The UK Following ABS Licence Approval

RJW has been acquired by Slater & Gordon – the world’s first publicly listed law firm – for £53.8 million (approximately $AUD80 million). The acquisition took place on 30 April 2012 following the approval of an Alternative Business Structures (ABS) licence by the UK Solicitors Regulation Authority. The law firm notified the Australian Securities Exchange (ASX) of its ABS licence approval on the same day.

Slater & Gordon was amongst the first organisations to be granted an ABS licence by the UK regulatory authority.

RJW and Slater & Gordon and announced their plans to join forces and capitalise on changes in the UK legal landscape in January of 2012, following 12 months of negotiations and due diligence.

RJW Chief Executive Officer Neil Kinsella said his team knew that changes were required to stay “at the forefront of a changing legal landscape” and Slater & Gordon was the “perfect partner” law firm.

Mr Kinsella said: “This is an exciting new chapter in our history, and an important step towards us achieving our ambition to become the largest and most trusted brand for personal legal services in the UK.

“We are in the midst of a changing landscape in the UK and we want to be at the forefront of that change – both in a regulatory sense and in service delivery.

“One thing that will not change is our commitment to make access to justice available and affordable to all, because that’s a common goal that we share with Slater & Gordon and it’s one of the things that attracted us to them in the first place.”

Slater & Gordon Managing Director Andrew Grech said it was the optimum time to enter the UK market because of the changes in ownerships laws and impending changes to the personal injury sector.

Mr Grech said: “Firms which do not adapt will simply not be able to compete effectively over the long term.

“This partnership gives RJW security so that they can continue providing a first class legal service, but it also gives them the resources needed to develop and grow whilst retaining and attracting talented people in a way that would not have been possible otherwise.”

Mr Grech said Slater & Gordon would support its UK business to continue to grow and meet the needs and expectations of their clients into the future.

He continued: “We have jointly identified the opportunities that will come as a result of the changes in the UK market and have already benefited from sharing our knowledge.

“The potential to share technology and have greater resources to retain and attract additional talented people will underpin our future success.”

RJW equity partners have exchanged ownership of a traditional partnership for share-ownership in Slater & Gordon Ltd. The partners will hold Slater & Gordon shares for a minimum of four years. RJW has traded as ‘Russell, Jones & Walker part of Slater & Gordon Lawyers’ from Monday 30 April, 2012. The acquisition includes RJW’s Claims Direct brand.

Via EPR Network
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Top-Shelf Attorney, Howard Fensterman, Claims Liquor Served at Morrell Kosher Caterers Was Anything But — Howard Fensterman Morrell

Howard Fensterman, the well respected Long Island, New York attorney and successful businessman and investor, is feeling the pain of a victim as he deals with the unpleasant realization that his long-time friend and former investment associate, Scott Morrell, head of Morrell Kosher Caterers, fraudulently deceived him by serving less expensive brands of liquor instead of the premium, top – shelf brands contracted and paid for by Fensterman for a function he hosted on May 29th, 2010 [Howard Fensterman Morrell].

Howard Fensterman Morrell

Howard Fensterman Morrell — Fensterman is accusing Morrell of breach of contract and fraud in that Morrell’s kosher catering establishment charged Fensterman for premium, top-shelf scotch and vodka, but instead served lower price brands.

While Fensterman refuses to guess how long the alleged “bait-and-switch” practice has been going on under Morrell’s watch, Fensterman has been advised that this has been a long standing practice at Morrell Kosher Caterers.

•  http://www.huffingtonpost.com/2012/02/09/morrell-caterers-accused-violating-kosher-laws-long-island_n_1265199.html

•  http://www.newsday.com/columnists/james-bernstein/caterer-morrell-sued-again-by-wait-staff-1.3539312

Via EPR Network
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PLS Secures Law Society Quality Mark

Cheshire-based law firm PLS Solicitors has been granted membership to the Law Society’s Conveyancing Quality Scheme (CQS), having been adjudged to have met a number of standards as laid out by the Society.

The CQS was established to provide consumers with a guide of quality for residential home-buying practices, thereby reducing fraud and driving up standards by enabling consumers to make more informed decisions when entering into the conveyance process. Law Society president John Wotton explained that with so many solicitors offering conveyancing services, it can sometimes be difficult for consumers to find a suitable firm.

“CQS improves efficiency with common, consistent standards and service levels and enables consumers to recognise practices that provide a quality residential conveyancing service,” he said. “Buying a home is one of the largest purchases anyone will make in their lifetime, so it is essential that it is done to the highest standard by a solicitor.”

Aashim Dhand, Managing Partner of PLS Solicitors welcomed the development, citing it as evidence to his company’s commitment to providing would-be homebuyers with a consistently high standard of service and helping to ensure that property transactions pass through as smoothly as possible. He also noted the difference quality conveyancing can make to alleviate much of the stress that so often goes with buying property.

Solicitors have to undergo a strict assessment in order to earn CQS accreditation – which is only open to members of the Law Society – and the initiative is backed by bodies including the Council of Mortgage Lenders, the Association of British Insurers, the Legal Ombudsman and the Building Societies Association. Compulsory training, random audits and self-assessments are all essential elements of securing CQS status, and must also undergo annual reviews in order to maintain it.

Via EPR Network
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But when will I see Granny?

Imagine a situation where both parents work and care is divided between both maternal and paternal grandparents. In an ideal world this arrangement would continue after a divorce or separation, but frequently all goodwill breaks down leaving children having to cope with new arrangements and often the loss or deterioration of a relationship with one or both sets of grandparents.

I often get asked ‘but what about my rights?’ by caring grandparents who are desperate to continue a relationship with their grandchildren. The sad, depressing, answer is that grandparents have no automatic right to make an application to the Court for contact or residence, unless the children have been living with them for at least 3 years.

Grandparents have an additional hurdle, of having to first apply to Court for‘leave’ to make an application. This application is sent to both parents, who have the opportunity to oppose, or agree to leave being granted. Only if the Judge is satisfied that it is in the child’s best interest for the application to be granted will the matter move to the next stage when a Judge will consider what, if any contact, there should be between grandparent and grandchild. That contact has to be viewed in context as often the children will be spending time with the ‘other’ parent. Frequently, the Court has to juggle complex arrangements to try to accommodate all members of the family (and the child’s school or social commitments).

The Government applauds grandparents for the vital role they play in shaping a child’s future, providing unpaid childcare so parents can return to work. However, since 1989 successive governments have so far refused to amend the law to provide grandparents the automatic right to make an application to the Court to preserve their unique relationship with grandchildren. Following the Family Justice Review, there has been a recommendation that Grandparents should be included in ‘parenting agreements’ setting out the time that children of separated parents should spend not only with Mum and Dad, but Granny and Grandpa too.

Whilst the judicial system may not be quick to help grandparents, I have used other dispute resolution such as mediation, collaborative law and family conferencing to assist in breaking the deadlock between family members and re-establishing contact.

Via EPR Network
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Cheshire Solicitors Proud To Be Awarded Conveyancing Mark Of Quality

Hale, Cheshire-based solicitors’ practice PLS Solicitors is proud to announce that it has been granted membership of the Conveyancing Quality Scheme (CQS).

The scheme is an initiative overseen by The Law Society, the main regulatory body which oversees and enforces standards of practice in all aspects of the legal profession. It is designed to help anyone selling a house to find a conveyancing solicitor who knows their area and whose work they can trust.

The Law Society itself says that the CQS is intended to “create a trusted community which year on year will drive up standards.”

Aashim Dhand, Managing Partner of PLS Solicitors, says his company’s admission to the CQS is an endorsement of the high standards which he and his colleagues in the company’s residential conveyancing department always aim to meet.

“A conveyancing solicitor plays a small, but absolutely vital, part in ensuring that any property transaction is conducted according to prescribed rules,” he said.

“But more importantly, the quality of their work and processes can make a big difference to how smoothly such transactions run.

“While buying property is still considered one of the most stressful things people do in their lives, sympathetic and thorough conveyancing solicitors can do a great deal to guide people through the maze of options associated with any property transaction, including equity release and lease options for purchases of properties with this type of tenure,” Mr Dhand added.

As a company proud of its standing as part of a select network of Manchester solicitors whose services are endorsed by the Law Society, PLS Solicitors is hoping that this approval will be seen as a sign of the trust they can have in getting the best possible service, no matter what the nature of their customers’ property law needs.

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I rather be a dog

Any time soon, this young 24 yrs old Malaysian boy, convicted of drug trafficking, will be hang till death do him part by an unidentified Mr. Hangman in Changi Prison, Friday morning @ 6 am sharp.

If no one comes to his rescue soon, he’ll definitely and surely be under water very soon!

Supposing we see someone drowning like this, will we immediately dive in and rescue him from near death? Or will we ask questions first before we can help rescue him, questions like, “Who is he?”, “How come he’s in the water?”, “Did he fell into the water or was he pushed in?, “Is he rich or poor?”, “Where is he from? He looks like he’s not from this region.”, “Maybe he’s a ex-criminal wanting to commit suicide? Must have done a lot of bad thing in his life one la. That’s why this is call ‘retribution’ la. Ah… just let him drown la. He deserves it one la. Don’t care for him la. Just let him die la.”

Huh?

I don’t get it. People saved a dog but they won’t save a fellow human being from near death! Strange. So does that means that the dog’s life are more precious than human beings’ life?

If it is, than I rather be a dog then. At least I’m assured that I’ll be rescued and loved by human beings, unlike them human beings who weren’t rescue their own human beings. We dogs saves dogs you know.

Duh…

Via EPR Network
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PLS Solicitors begins work with Twenty Ten equity fund

Well-known law firm PLS Solicitors has announced plans to become a preferred supplier for the private equity fund Twenty Ten Capital LLP. PLS Solicitors provides many legal services, including residential conveyancingcompromise agreements and employment law advice.

Twenty Ten works with up-and-coming businesses and helps them to create value, as well as providing support for companies that are facing stressful situations and challenging environments. The company invests in all manner of sectors and has a number of high-profile portfolio companies.

As a supplier for Twenty Ten, PLS Solicitors will work alongside its portfolio companies and will help in providing advice and support in the area of employment law. The solicitors in Manchester will provide guidance with employment handbooks, service contracts and all other employment related issues for Twenty Ten’s businesses.

PLS Solicitors has already started working with one of Twenty Ten’s biggest clients, the Metropolis Group, to great effect.

“We have been impressed with the attitude shown by PLS Solicitors to date,” said Parminder Basran, Managing Partner of Twenty Ten Capital LLP “Our businesses have received good commercial advice on areas of concern so far and we see PLS Solicitors as an integral operational partner for our business going forward.

“Twenty Ten, like PLS Solicitors, are a driven and highly commercial organisation and we are pleased to surround ourselves with likeminded partners.”

Meanwhile, Adam Pavey, Partner at PLS Solicitors, has said: “We are really excited about the prospect of working with Twenty Ten Capital and their businesses. We have found them an extremely savvy and commercially aware fund – they are really going places and we hope as one of their preferred suppliers we can grow with them.

“To be working with high profile companies such as the Metropolis Group really excites us – especially as the companies are based in London and, as you are aware, we are seeking to move into this market next year by opening our first office there.”

To find out more about PLS Solicitors visit www.proplegal.co.uk now. For more information on Twenty Ten Capital visit www.twentytencapital.eu.

Via EPR Network
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Federal Judge Rules that Escort, Inc. and Beltronics USA, Inc. Infringe GPS Radar Detector Patent

On December 14, 2011, the Chief U.S. District Judge, District of Idaho, ruled that Escort, Inc. (www.escortradar.com) infringed U.S. Patent No. RE39,038. Specifically, the Court ruled that Escort’s Passport 9500i, Passport 9500ix, and Passport iQ radar detectors, together with Beltronics USA’s (www.beltronics.com) GX65 radar detectors, infringe claims 18, 45, 47, and 48 of U.S. Patent No. RE39,038 (“the ‘038 patent”). The Court also granted partial summary judgment of infringement with respect to each of those products regarding ‘038 patent claims 1, 3, 5, 6, 8, 25, 26, 27, and 28, and U.S. Patent No. RE40,653 (“the ‘653 patent”) claims 22 and 26. A redacted version of the Court’s 58 page order was unsealed earlier today. A copy of the 58 page order can be obtained at: https://www.yousendit.com/download/T2...

The ‘038 and the ‘653 patents are owned by Hoyt Fleming, an Idaho inventor of 36 U.S. patents. In early 2008, Escort declined to purchase the ‘038 patent. Approximately one year later, on March 10, 2009, Mr. Fleming filed a complaint (Case Number 1:09-cv-00105-BLW, United States District Court District of Idaho) alleging that Escort and Beltronics USA infringed the ‘038 and the ‘653 patents.

Escort alleged that certain claims of the patents were invalid because Steven Orr, working for Escort, invented the same device earlier in time than Fleming. However, on December 14, 2011, the Court denied Escort’s motion to invalidate claims of the Fleming patents based upon Steven Orr’s alleged work for Escort. The Court also denied Escort’s motions to strike Fleming’s expert reports and strike Fleming’s contention that Escort willfully infringes Fleming’s patents.

In contrast to denying Escort’s motions, the Court granted the overwhelming majority of Mr. Fleming’s motions for judgment on Escort’s defenses, including: (1) laches; (2) equitable estoppel; (3) prosecution history estoppel for certain claims; (4) ownership of Mr. Fleming’s patents; (5) inequitable conduct; (6) intervening rights on certain claims; and (7) anticipation of claim 1 in view of a Japanese patent.

In the order the Court stated that Escort’s interpretation of the Court’s rules was“absurd”, that Escort’s arguments were “in fact contrary to law”, and many of Escort’s expert “opinions are irrelevant”.

“I am very happy with the order. The Court ruled that Escort is infringing one of my patents. I am looking forward to a short trial in June so that I can prove that Escort’s infringement is willful and obtain an injunction to stop Escort’s infringement,” said Mr. Fleming.

Mr. Fleming is represented by Mr. Michael S. Dowler of Park, Vaughan, Fleming, and Dowler LLP in Houston, Texas. Escort and Beltronics USA are represented by Brett A. Schatz and Gregory F. Ahrens of Wood Herron & Evans in Cincinnati, OH. The Court has set trial for June 18, 2012 in Boise, ID.

Escort is a portfolio company of Falconhead Capital LLC (http://falconheadcapital.com), an investment firm in New York, New York. David Morros, the Founder and CEO of Falconhead, Zuher Ladak, a partner of Falconhead, and David Yarnell, an Operating Partner of Falconhead, sit on the board of Escort.

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Medical Malpractice Lawyers Online Lawyers Directory Released To Help Public

Medical Malpractice Lawyers Web Directory has just announced the release of their free high quality link and article directory targeting Medical Malpractice Lawyers. This web directory is unique in that, similar to the old directories society previously used to find local businesses, they too are including physical addresses and phone numbers. Not only location information is placed in the listings but also any unique specific information to each medical malpractice lawyers, i.e.; first ½ hour free, no fee until settlement, etc. plus varied locations and areas of expertise i.e.; divorce lawyer, bankruptcy lawyer, etc.

It is difficult for most people to locate the right attorney when needed and especially in the medical field. It is believed that there will be a growing need and demand for Medical Malpractice Lawyers in the future and this website desires to help coordinate the proper attorneys with the right clients.

It has been projected that there will be an increase in medical malpractice lawsuits in the near future as each state starts to mimic the system implemented by California which has been using this system for some time. Originally it was thought that there would be an increase in medical costs by allowing more ‘smaller’ cases to be resolved however, with the ‘cap’ that has been placed on the large lawsuits, this appears to have had no affect on medical costs, thereby it is assumed that Doctors are not absorbing larger insurance costs by dealing with the increase of cases being pursued. Medical Malpractice Lawyers is the target of the unique detailed lawyer directory, however, all types of lawyers are invited to submit their businesses and the proper categories will be set up to allow for them. Only family type content is allowed on this directory.

Not only is this a linking directory but an article directory and the company seeks interesting articles from the many people, both public and lawyers to submit their experiences or even case history for the public to view and read. The company is also seeking Medical Malpractice Lawyers to write very interesting articles which it can promote for them and the company.

Via EPR Network
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Whatever the Legal Battle, Pentlarge Lawyers Want Alaskans to Know they’re on Your Side

Injuries are one of life’s sad realities. However, Alaskans should not fear as their cases are in very good hands, thanks to the existence of the Pentlarge Law Group.

Run out of Anchorage, the Pentlarge Law Group are a skilled team of personal injury attorney anchorage who place a special focus on helping those Alaskans who have suffered an injury.

Their clients come from many situations and backgrounds, including those accused of a DUI, truck accidents, car accidents in Alaska, insured motorists and the high costs of personal injury medical bills.

“We are constantly focused on getting our clients the best results for all injury cases. We have helped thousands of Alaskans and their families get through personal injury” say the attorney Alaska at Pentlarge Law Group.

The group offer a free initial consultation, within which they will carefully examine the specific details and situations of each personal injury, and give honest advice about their ability to fight on the side of the victims, and get them the money and closure that they deserve.

So far the law firm has helped thousands of individuals, couples and families find a safe and successful conclusion to even the most complicated of personal injury cases, and they stand by to help others today.

“It all starts with just one phone call. From this we can examine your case and get going in the best direction to ensure that both you and we obtain the best possible outcome” they say.

To find out more information about the Pentlarge Law Group, to schedule a free consultation with them and get your personal injury case closed for good, please visit their website: Pentlargelaw.com.

Via EPR Network
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Paskvan & Ringstad – Two Personal Injury Lawyers Who Won’t Charge Unless You Win

With many personal injury lawyers taking their client’s bank account for a run, Fairbanks-based Paskvan & Ringstad stand by their core value – they won’t charge a client unless the case is won.

Acting as the region’s leading injury attorney fairbanks ak– the partners bring their wealth of knowledge and experience to the benefit of their clients.

“We want all Alaskans to be confident that we are equipped with both the skills and experience to tackle any claim of personal injury” says attorney Joseph L Paskvan.

His partner, Kenneth Ringstad, echoes the testament:

“We are 100% client-focussed, and have worked solidly to establish our firm as the premium answer for the need for attorney fairbanks ak” he explains.

The firm’s website also goes a long way to help those looking for a personal injury lawyer in the area – showcasing a number of videos about the firm and their work, as well as offering options for a free case assessment.

These resources have won the firm many clients, in cases ranging from claims arising from A Wrongful Death Situation, An Automobile Accident /Collision, Insurance Disputes, Unsafe Conditions, Road Defects, Construction Injuries or Accidents and Defective Products.

To find out more about the firm, to take advantage of their useful resources or to get a free case assessment today, please visit: paskvanlaw.com.

Via EPR Network
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Warning For Golfers As Player Awarded £400k After Losing Eye

Leading UK golf insurance specialist Golf Care has urged players to ensure they take out sufficient protection before stepping onto the course.

The warning comes after a Scottish court ordered a golfer and a golf club to pay damages of almost £400,000 following an accident which led to an amateur player losing an eye after being struck by a ball.

A judge at the Court of Session in Edinburgh ruled on Friday that 44-year-old Anthony Phee from Sale, Greater Manchester, should receive £397,000 in damages – 30 per cent of which will be paid by Niddry Castle Golf Club at Winchburgh, in West Lothian, where the incident took place and 70 per cent by the golfer who struck the wayward shot.

The case has highlighted the importance of individual golfers having specialist golf insurance which covers them for eventualities such as this that can potentially occur on the golf course.

John Woosey, managing director of Golf Care, said: “It’s worrying that nine out of 10 golfers aren’t adequately covered when they step on the course. Mr Phee’s case proves that accidents happen and can cost golfers a fortune.”

The UK’s leading specialist golf insurance provider, Golf Care, offers policies that would have covered the liable golfer for this sort of incident which left the visiting player with only one eye after he was struck by a wayward tee-shot.

Mr Woosey added that in many cases, golfers think their home insurance will cover them for damage or personal liability, but the truth is that an inexpensive specialist golf insurance policy is the best way to ensure that individual golfers are adequately covered.

He said: “This sort of incident highlights just how dangerous a golf course can be, and a pay-out of £397,000 is a staggering amount.”

“The vast majority of golfers don’t realise how easy it is to compare golf insurance and aren’t properly covered. But whether you’re a single figure
handicapper or a golfing novice, we all hit poor shots. Why take the risk when for less than £30 a year you can be fully covered for incidents such as this – a small fee to pay for peace of mind every time you step onto the course.”

Via EPR Network
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Russell Jones & Walker Views Future Of Personal Legal Services As A Battle Of The Brands

Russell Jones and Walker Solicitors view the future of personal legal services as a ‘battle of the brands’ and believes it is best placed to capitalise on this through extensions of its market leading personal injury name ‘Claims Direct’.

Independent research shows that Claims Direct is the best known name within the personal injury sector with double the unprompted brand awareness levels of its nearest rivals. As such Russell Jones and Walker plans to use this recognition to promote Claims Direct in the other areas of personal law that it already has strong expertise in. This includes employment and family law, wills and possibly even conveyancing.

“The public recognise few legal brands currently but that is all set to change with the introduction of alternative business structures next year.” Neil Kinsella Chief Executive of Russell Jones and Walker said. “This will give well-known high street names the opportunity to compete directly with Solicitors and we, at Russell Jones and Walker, have been developing our strategy since the review which led to the Legal Services Act. This included the re-launch of the Claims Direct brand in 2007 with a multi-million £ above-the-line and digital campaign.”

The Legal Services Act enables people other than those qualified as solicitors to own a law firm with the Solicitors Regulation Authority approved to be its regulator. However, the original October start date for licensing these businesses had to be delayed and it is now thought this will start in January 2012. Organisations including retail brands such as the Co-Op and insurance companies including D.A.S. have already stated their intentions to offer legal services and many believe others are queuing up. This influx of known brand names into a largely unbranded and fragmented legal sector has commentators suggesting this could lead to a significant number of smaller high street law firms closing down within the next three years.

Kinsella believes this presents Russell Jones and Walker with an ideal opportunity. “Recent Russell Jones and Walker research shows that people now know and trust the Claims Direct name and have said they would be happy to contact it about legal issues other than their personal injury claims. We intend to offer them this option.”

With over 85 years’ experience, Russell Jones and Walker Solicitors are considered one of the UK’s leading law firms with over 420 employees in 10 offices nationwide. Its focus has always been to provide accessible, affordable legal services for individuals. Neil Kinsella is one of the country’s leading commentators on the changing face of the legal profession and aims to ensure that the firm remains at the forefront of it irrespective of the likely new competition.

Via EPR Network
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Business Intelligence can Prevent Fraud and Embezzlement Overseas

It is all too easy for a company or entrepreneur that does business in foreign countries to get ripped off. Fraud, embezzlement, identity theft and other kinds of white color crime are all too common in many nations. To make matters in some countries the authorities will either be actively involved in such crimes or cover them up.

Governments cover up such crimes for many different reasons including encouraging investment and protecting the national reputation. In undemocratic countries it can be very hard for foreign businesspeople to tell if such crimes are going on. Authorities often go to great lengths to hide such shenanigans which can make it difficult to know whether it is safe to do business or not.

Fortunately there are profile services that can help individuals and companies know if it is safe to invest or do business in a country. These organizations are business intelligence companies, they gather intelligence for business much like intelligence agencies gather information for governments. Many business intelligence agencies employ former agents of the CIA and other intelligence services so they can gather a large amount of information that is not normally available.

Many of these agencies specialize in investigating business climates in specific nations. They actually employ specialists whose job it is to spot fraud and corruption. This can help a company avoid such pitfalls. These companies can prepare a comprehensive report about a particular nation and the risks a company can run by doing business there. They can also help investigate fraud after it occurs.

When attorney Howard Fensterman sued certain individuals in Abu Dhabi over alleged fraud he hired such a company to do an investigation. Fensterman’s clients claim they lost $18 million in a business deal in the UAE. Had they hired such a company beforehand they could have avoided such losses.

The risk of being defrauded when you do business overseas is much greater than many entrepreneurs believe. Therefore it is always a good idea to hire professionals who can help you identify the dangers and show you how to avoid them. In addition to alerting a company to the dangers of fraud, a business intelligence firm can tell its management team what measures they can take to avoid to the danger. That can save a company tens of millions of dollars and help it do business in an honest and ethical manner even in a foreign nation.

Via EPR Network
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