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Written by Lorie Zapf, San Diego Regional Director
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Tuesday, 02 March 2010 10:25 |
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A proposed class action settlement with American Honda Motor is just the most recent example of what has gone terribly wrong with class action lawsuits. At first, class action lawsuits appeared to be a win-win situation. By consolidating similar cases with the same defendant, these cases could move through the court system much faster. Class members would benefit and there would be an incentive to correct any defect that may have existed with the product or service.
But somewhere along the way, someone came up with the idea of awarding the harmed consumer a coupon instead of cash. Worse yet, the coupons to the class of plaintiff’s requires a future purchase at the company that allegedly wronged them while the plaintiffs’ attorneys reap millions of dollars in contingency fees.
The lawsuit alleged that Honda inflated fuel efficiency claims for its Civic Hybrid vehicles. In the proposed settlement, the deal would have provided 158,000 Civic Hybrid owners with rebates between $500 - $1,000 on a new Honda or Acura. The plaintiffs’ attorneys would have collected nearly $3 million in fees.
Great job looking out for the “little guy!” I’m sure they all feel very fortunate to have to buy a new car so the attorney’s can rake in a big payday.
Thankfully most state Attorney General’s objected to the scheme. So, it’s back to the drawing board. Just a suggestion…how about flipping the settlement? Rebates for Hybrids to the lawyers…gift cards for gasoline to the actual harmed class members? |
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Written by Marko Mlikotin, Northern California Regional Director
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Tuesday, 02 March 2010 00:00 |
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Sacramento's News 10 reports that a local Sacramento attorney has filed more than 1,000 federal lawsuits claiming violations of the Americans with Disabilities Act. News 10 says the attorney, Scott Johnson "has been on an ADA enforcement crusade that has potentially earned him millions of dollars." While Johnson profits, his tactics often cost the small business owners he targets thousands of dollars in repairs and settlement costs. Local radio talk show hosts, Armstrong & Getty have launched a campaign to stop Johnson from filing any new claims, calling his activities, "bold-faced extortion masquerading as trying to help the handicapped." |
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Written by Tom Scott, Executive Director
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Wednesday, 17 February 2010 13:25 |
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A Los Angeles Times article titled, "Weighed Down By Recession Woes, Jurors Are Becoming Disgruntled," brought to light some serious concerns about the California jury system.
A few years ago when we went to the one day, one trial system everyone was excited and cheering about how great the system had become. Well, it seems like the happy times are over and our jury system is showing some signs of wear and tear. I will be honest that I was just called for jury service and I was not too thrilled. I have been called a lot and ironically, my wife never gets called. Can someone explain that to me? We are both registered voters and we both have California drivers licenses and have lived at the same residence for 13 years.
I have been through this plenty of times and find the process rather demeaning. You take time out of your schedule and you are treated like cattle. But, as demeaning as the process is, you really need to serve, even in these hard economic times. We all are experiencing some form of financial hardship during this times, but don't make excuses. This is only time our country asks us to take the time to serve. It should not be too much to ask considering all the freedoms that come along with being an American.
The article in the L.A. Times talked about the problems the Los Angeles County juror system is experiencing. The county used to summon 55,000 people a week. They are now down to 45,000 due to court cutbacks. Of those summoned, only about half respond. The county in turn is looking a lot harder at claims of financial, medical and child care problems and for repeat no-shows it is imposing fines of as much as $1,500.
In L.A. County, nearly a 1/4 of the qualified jurors were released due to economic hardship last year. On one case involving my favorite subject, asbestos, 66 out of 107 prospective jurors were excused for financial difficulties. That is absolutely unacceptable.
I know the system needs improving. Personally I believe there needs to be a complete revamp of the jury system in our state. However, people need to answer the call and stop making excuses. The impact of a lousy juror pool is tremendous. Take the time and show up.
Cross posted at www.foxandhoundsdaily.com |
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Written by Marko Mlikotin, Northern California Regional Director
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Tuesday, 16 February 2010 15:10 |
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Later this week, Sacramento's historic Squeeze Inn burger joint will be reopening at its new location at 5301 Power Inn Road with a Re-Grand Opening to be held in mid-March. The Squeeze Inn was forced to relocate following an Americans with Disabilities Act (ADA) lawsuit filed by a professional litigant.
The Squeeze Inn, which appeared on the Food Network's Diners, Drive-ins and Dives, is equally famous for it's 1/3 pound hamburger with a bubbling cheese skirt as it is for the original building's tight quarters. The new location, just around the corner from the historic original location, will incorporate many of the charms of the original location, including the original countertop and barstools.
While it's sad to see a historic part of the community changing, the Squeeze Inn is fortunate to be able to keep its doors open at the new location. Unfortunately, not all small business owners are as lucky, many being forced to close their doors when targeted by abusive lawsuits. |
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Written by Tracy Leach, Central CA Regional Director
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Friday, 12 February 2010 00:00 |
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Fresno County Sheriff Margaret Mims is soon to file a lawsuit against the Fresno County Board of Supervisors that will surely have taxpayers paying for lawyers on both sides. Suing the board is not going to solve the county’s budget problems, bring any resolution to the issue of inmate releases or make the streets any safer. This is Sheriff Mims trying to have the last say and prove that…well I don’t know…that she’s right? The main problem here is that the taxpayers should not have to pay for Mims’ apparent need to prove a point. It is absurd that a county already burdened with significant budget woes will now have to dig deeper into their pockets—all because Ms. Mims has to take a disagreement within government straight to the courts. It sure is easy to file lawsuits when someone else is paying the bill. This is why taxpayers are so often caught holding the bag for a multitude of disputes including this one. Government needs to work this one out without the lawsuits.
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Written by Tom Scott, Executive Director
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Tuesday, 09 February 2010 00:00 |
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The lawsuits have already started for Toyota and its pedal problem. Personal injury lawyers claim they are fielding hundreds of calls from people who have been injured or fear they will be injured by these acceleration issues.
Now certainly, Toyota may face liability in instances where the accelerator actually malfunctioned and people were injured. But liability for fear that they might be injured? Or "injury" due to the possible drop in resale value? Please.
The new pedals are out and millions of consumers will be getting replacement parts and hopefully moving on with their lives. But lawfirms will make sure Toyota does not move on for a long time, as these suits will drag out for many years, or until Toyota decides to settle to make them go away. |
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Written by Tom Scott, Executive Director
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Sunday, 31 January 2010 11:28 |
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On Saturday, February 6, an end of an era will come to Sacramento. The famous Squeeze Inn will be closing it's location at 7916 Fruitridge Avenue in Sacramento. To clarify, The Squeeze Inn is not closing, it is simply closing it's historic location that became the scene of a lawsuit filed under the Americans with Disabilities Act (ADA) last year. It will be opening its new location right around the corner in the next few weeks.
Famous for it's 1/3 of a pound hamburger with a bubbling cheese skirt, the Squeeze Inn garnered extra publicity after appearing on the Food Network show, Diners, Drive Ins and Dives. In fact, the show's host Guy Fieri recently appeared on Jay Leno's show and ranked it in the two best burgers he has ever had.
Come Saturday, the famous location on Fruitridge will be closing and the cozy 12-seat diner owned by the great Hausauer Family will be no more. A little slice of Sacramento will be gone, all due to an ADA lawsuit. While it will live on in it's new location and another location in Galt, it wont' be quite the same.
Despite the huge cost of relocating, the Hausauer Family will continue and the famous Squeeze Inn Burger will be saved. They will have to spend tens of thousands of dollars but it will still be a part of the Sacramento Region.
You really have to wonder if there could have been an easier solution to this problem. Even though the lawsuit was eventually dropped, the damage had already been done. It is just not possible to make all the required fixes at the current location.
So if you have no plans this week or on Saturday, February 6th, grab the family and jump in the car and go grab yourself one of the best burgers you will ever taste. Just give yourself a little time, because I have a feeling the place is going to be packed. |
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