Class Action Lawsuit against Apple over the new I Phone 7 was filed last week Lawyers have pounced on Apple before the first I Phone 7 was even shipped and slapped them with a class action lawsuit. This lawsuit is over the rights of I Phone users in an upgrade program to have quick access to the new I phone per the promise Apple made to them when they joined the program. They argue they should have been able to get their new phones before everyone else. This is a perfect example to explain to you what happens in this and other typical class action lawsuits brought by lawyers for some small consumer related claim such as this. Usually a “named plaintiff” will file suit on behalf of themselves and all other “similarly situated” Apple customers also in the upgrade program. The logic behind this type of claim is sound. If all of the people in the upgrade program have the same issue, they should all be lumped together into one lawsuit. The problem is, this is not the type of case where a lawyer would make any money for the client or themselves for an individual claim. This is so because one person’s damages would amount to the emotional distress of not getting the phone quick enough and the right to a refund of the cost of the “upgrade program” due to Apple not following through on the promise to get these folks their phones first. This would be a $20.00 claim per person so no lawyer would take it. Now, with the use of the “class action” procedures, the first lawyer to file suit for one client can now add all 200,000 people or more who are “similarly situated” to the named plaintiff in the lawsuit. What ends up happening in these types of cases and what I predict will happen with this one is that each person who is a party to the class action will get a coupon for $50.00 or less towards a new phone or to use however they please and the lawyer who filed the class action will make a multi million dollar lawyer’s fee. Yes, you read that correctly. Typically, the net result of 99% of these types of class action lawsuits is a coupon that most people end up never even using and the lawyer makes millions in attorney’s fees. The only plaintiff that usually makes any money in these situations is the named plaintiff who is the first one to file suit. That is the reason this lawsuit was filed within days of the announced release. Thios lawyer wanted to be the first to file. This my friends is the American way. Apple shareholders will be the ones to pay the lawyer’s fees. One would think Apple has attorneys that would advise them that they better get these folks their phones first or the company would end up having to pay millions to a lawyer down the road in a silly and unnecessary class action lawsuit. Apple shares are doing just fine, based on the recent run up of the stock’s value so don’t worry about this lawsuit bringing them down. If you think you have a claim against a company for not doing what they promise and you also think that many others are in the same position as you, call me. We can talk about a class action suit. I can be reached 24 hours a day at 877 Gluck-law.
A woman’s 8 year old daughter found a hypodermic needle in the parking lot of a Target store. When she picked it up, her mother tried to knock it out of her hand. In doing so, the needle stuck her in the right palm. The mother did what I instruct all client’s to do when involved in an incident on someone else’s property: report it!. She reported it to a store employee who indicated in his incident report that the mother seemed worried about the needle. She was tested for various diseases such as hepatitis and HIV and was prescribed medication in case she contracted HIV, although none was detected. The mother claims to have gotten sick from the HIV meds and became bedridden with her husband staying home from work to be with her. The lawyer for the family was willing to settle the case for the medical bills and the husbands wage loss claim in the total amount of $12,000.00. Target refused and a jury returned the largest verdict for a personal injury case in the history of Anderson County, South Carolina, 4.6 million dollars. This case serves as an example of what can happen when an insurance company fails to be reasonable. They were given a chance to do what is right and had the opportunity to compensate the family for bills and wage loss but chose to deny the claim and force the family to go to trial. Well they got their wish. The case went to trial and a jury felt that Target failed to maintain their parking lot in a reasonably safe condition so that used needles aren’t lying on the ground, accessible to children. You never know what a jury will do and this case is a great example of that. The jury clearly wanted to send a message to Target and other property owners that they must make sure things like used needles are not on their property. If you or a loved one is injured on someone else’s property you need an experienced personal injury lawyer by your side. I have been handling these types of cases since 1989 and am available to help you any time. If you have questions about any premises liability claim or any claim involving injury while on someone else’s property, send me an email at [email protected] or call me any time at 877-Gluck-Law. original story
When cars become truly Self Driving, Plaintiff’s lawyers may be out of work on non-catastrophic injury car accident cases.. That is the general consensus among the trial lawyers that I have spoken with. This is an accurate statement for many of us because there is a responsible party in a crash between two self driving vehicles. The problem is, that responsible party is likely going to be a manufacturer of one of the two vehicles or a company providing components for one or the other vehicle. This basically turns what is now a typical auto accident claim upside down. Currently, when a crash occurs and someone is injured, a determination is made as to percentages of fault, among all the drivers, and the injury claim is settled based on those percentages. In order to prove “fault” you simply have to show that the “rules of the road” that a typical driver understands and follows were violated or not followed in a particular situation. The party that failed to follow these well known “rules of the road” would have to pay money damages for injuries they cause. No expert witnesses or inspections of the vehicle are necessary to prove who ran the red light. You simply need eye witness testimony for that, or maybe even a camera with footage of a crash. Once a car becomes “self driving”, the person sitting behind the steering wheel, if he is not in control of the vehicle, is not responsible for damages caused in a crash. To hold a party responsible, you must show they were in “control” of the vehicle when the crash occurred. As an example of this issue, if I owned a retail space but rented it out to someone else to run a yogurt shop and pay me rent, I would not be in “control” of the property so that I would not therefore be responsible for the way the store is maintained if someone slipped and fell in the store. The tenant is responsible if, for example, someone spills a drink on the floor that sits there for too long and you then fall and get hurt from slipping on it. Just like a fall that happens when you are not in “control” of your property, if the vehicle is “self driving” it is just as if you were renting out your car to someone else to drive for you. If you are not in “control” of the driving decisions, and a computer is actually making those decisions for you, then it is the computer and it’s manufacturer, as well as the company that installed it in your car, as well as the car dealership, as well as the car manufacturer, as well as the component manufacturer for your car and for the other car involved that may all be responsible if you are injured in a crash. Experts in accident reconstruction and computer engineering will now be needed, along with a products design and product liability expert, just to bring a successful injury claim. Unless there is a significant injury involved, most lawyers will never dedicate the time and money necessary to prosecute one of these claims. In the near future I can foresee many minor or non incapacitating car crash cases going by the wayside with many lawyers turning them down and not being willing to spend the time or money necessary to prove which product is liable or which machine is responsible for the crash. The machine in this case is a computer and now a jury or judge may have to decide which machine made the mistake. Don’t forget the possibility of a design flaw so we would also need to bring the engineers into the picture. I hope to be retired by the time we all have self driving cars. I give it 15 more years before we are ready to read a newspaper in the front seat while our car drives us from place to place. Until then, keep your eye on the road and your hands on the wheel. If you don’t, and a crash occurs, for at least another twenty years or so, you can reach me 24 hours a day by dialing 877-Gluck-Law.
Pain management clinics in Florida are supposed to help those of us who are usually at our most vulnerable and desperate for help. Unfortunately, many times, instead of helping their patients, they are helping themselves by lining their pockets with the government’s cash. There is absolutely no excuse for clinics to steel from the Medicare system, which is really a theft from all American taxpayers. They make enough money practicing medicine. This particular clinic agreed to a 7.4 million dollar fine. One can only imagine how much they actually stole and got away with. This has to stop. If you need help guiding a loved one to a pain management clinic that is in full compliance with the law, call me any time at 877 Gluck-Law. I can help with accidents, injuries, criminal matters and involuntary commitments for loved ones in need of drug treatment who are refusing to get help on their own. You can visit my website also at: Robertgluck.com $7.4M Settlement Reached by Florida Pain-Management ClinicA surgery and pain-management clinic in Florida has agreed to pay $7.4M in fines to the federal government. The clinic, Coastal Spine and Pain Center, has agreed to settle a lawsuit that claims they administered expensive, unnecessary testing to their clients and then billed the federal government. The suit claims that the clinic drug tested each client twice when only one test is typically needed. The clinic made a statement that they decided to settle the case in order to “focus on [their] patients.”
Fort Lauderdale Car Accident Lawyer, Plantation Car Accident Lawyer and Naples Car Accident Lawyer Robert Gluck explains what you need to do if you have permanent injuries from a car accident.
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