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Class action lawsuit against United Water could cost millions
Headline Legal News | 2010/11/28 21:06

Several Union City residents have filed a class action lawsuit against United Water on allegations that the company cheated customers by selling them useless warranties that do not cover repairs.

The warranties, which cost about $150 a year, are supposed to cover the repair of broken water pipes, sewer pipes and other items, the attorneys for three 18th Street plaintiffs, said. Although the application says "Guaranteed Acceptance" in large print, there are actually many exclusions, the attorneys said.

Multi-unit dwellings are actually excluded from the warranty, but that has not stopped United Water from marketing and selling the policies to the owners of multi-unit buildings, the lawsuit says.

The suit was recently filed in Bergen County Superior Court in Hackensack, where United Water is based.


Attorneys Carl Mayer and Bruce Afran held a press conference Tuesday at the courthouse. Afran estimated that if all New Jersey residents in a situation similar to the plaintiffs were to join the suit, and the suit was successful, it could cost United Water as much as $50 million.



Lawyers compete for big payoff, control in BP case
Headline Legal News | 2010/10/07 15:37

More than 100 lawyers are battling for the biggest chunks of what is likely to be a multibillion-dollar settlement for Gulf of Mexico oil spill victims, jockeying for spots on the elite team that will control the plaintiffs' cases.

A judge will pick 12 to 15 lawyers to take the lead in lawsuits against BP PLC and other companies filed by thousands of fishermen, restaurateurs, hotel operators, property owners and many others over the worst offshore oil spill in U.S. history.

Competition is fierce: The candidates include a former Cabinet secretary and the lawyer who represented Al Gore in the 2000 presidential recount case. The team could get up to 15 percent of a multibillion-dollar settlement from more than 300 lawsuits that have been consolidated in New Orleans federal court. And that's on top of the typical 30 percent fee that lawyers charge their individual clients.

"This is a very lucrative position," said Brian Fitzpatrick, a Vanderbilt University law professor who has studied how attorney fees work. "You not only control the case but you get a big percentage off the top. This will attract all the big fish."

Applications from 112 attorneys have been filed with U.S. District Judge Carl Barbier, who will announce his choices in the coming weeks. Top trial lawyers from around the nation are represented, many of them veterans of similar high-profile cases such as Toyota's sudden acceleration problems and the troubled painkiller Vioxx.



Fraudulent Practices in the Sale of Indexed Annuities
Headline Legal News | 2010/09/22 10:12

If approached by your broker (or financial advisor or insurance agent) to purchase an indexed annuity there are some things an investor should consider.  First, an indexed annuity (also known as, equity-indexed annuity or fixed indexed annuity) is a fixed annuity, either immediate or deferred, that earns interest or provides benefits that are often linked to an equity or stock market index.  In 2008, the National Association of Insurance Commissioners (NAIC), an association of state insurance regulatory officials, issued a buyers guide to indexed annuities, which provides educational information on indexed annuties.  Did your broker provide you with one?  The Financial Industry Regulatory Authority (FINRA) also published an investor alert on indexed annuities.

Unscrupulous brokers take advantage of naïve, unsuspecting investors, especially seniors, and heavily pitch purchases into indexed annuities.  Often they will tout indexed annuities as being better than bank CDs and will convince investors to liquidate their CDs to buy an indexed annuity.  Investors with variable annuities are often approached by a broker to buy indexed annuities, touting them as being safer than then variable annuity, which has investment choices whose principal can be subject to market volatility.  Did the broker recommend you to consider moving money into the fixed account of the variable annuity?  If not, the broker is probably only motivated to earn a commission which can be as high as 5%.  Another fraudulent tactic is to entice an investor with an “upfront bonus” to buy an indexed annuity but what a devious broker may not tell you is that often you would have to annuitize the annuity in order to take advantage of the bonus benefit – it’s not free money, there’s a cost to every benefit in an annuity.  Other brokers may convince you that the annuity they sold you earlier is now out-of-date and try to sell you another annuity claiming to have “better and more features.”

http://suemyadvisor.com/blog/investor-alerts/fraudulent-practices-indexed-annuities-61



Judge calls for clarity in Michigan's medical marijuana law
Headline Legal News | 2010/09/15 08:53

A Michigan Court of Appeals judge urged lawmakers Wednesday to clarify the state's medical marijuana law, saying the "inartfully drafted" measure has resulted in confusion and arrests.

Judge Peter O'Connell issued his call Wednesday in a 30-page opinion on an Oakland County case in which the court upheld marijuana possession charges against two Madison Heights residents. The judge said the law is so confusing that users "who proceed without due caution" could "lose both their property and their liberty."


The appeals court decision comes as Metro Detroit leaders struggle to interpret the law, which was intended to allow marijuana prescriptions for medical purposes. But O'Connell argued in his separate, concurring opinion that sections of the law contradict Public Health Codes that make possession and manufacture of the drug illegal.

Raids last month on clinics in Ferndale and Waterford Township resulted in arrests and the seizure of marijuana and medical records. A week later, Lapeer County Sheriff's deputies searched a medical marijuana dispensary in Dryden, confiscating marijuana and cash.



Lustful Court residents tire of sinful street name
Headline Legal News | 2010/09/07 09:29
Some residents of Lustful Court in a central Georgia community say they're tired of being kidded and want the street's sin-friendly name changed.

Bibb County Commissioner Lonzy Edwards brought up a possible name change Tuesday after receiving complaints.

Lustful Court resident Michelle Washington says the name sparks laughter and confusion when she tells people where she lives.

Yoshonda Patterson says she thinks the name gives people the wrong idea about the neighborhood on the east side of Macon.

After listening to residents, commissioners decided they'll consider the change if neighbors start a petition.

The street is in a subdivision and no one could recall where the name originated.



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