Montgomery Personal Injury Lawyer - Miscellaneous

American Dream turns to American Nightmare in Mortgage Lending Crisis

Gibson Vance — Wed, 15 Oct 2008 12:06:25 GMT

Home ownership, “The American Dream,” has for many families all across America become “The American Nightmare!” Home foreclosures are at an all-time high.

According to Stanford University Hoover Institution, “Foreclosure filings have more than doubled during the past year.” The report goes on to say that 739,714 households received foreclosure starts, which is 1 out of every 171 households in the United States. That’s an increase of approximately 121 percent compared to one year ago.

What can account for such a dramatic increase in home foreclosures? The economy certainly plays a role, but for the most part subprime loans, and predatory lending practices, are part of the problem as well.

A report from the National Housing Institute (NHI), dated in 2005, says that “the growth of subprime lending (higher cost loans to borrowers with blemishes on their credit records) in recent years clearly indicates a surge in a range of exploitative practices.” The report goes on to say that “not all subprime loans are predatory, but virtually all predatory loans are subprime.”

Predatory lenders target mostly low- and moderate-income families. A lot of these families already struggle and when the economy climate changes, such as higher gas and food prices, it causes them to struggle even more.

What is Predatory Lending? The U.S. Department of Housing and Urban Development (HUD) describes predatory lending as:

Loan Flipping – mortgage originators refinance borrower’s loans repeatedly in a short period of time.
Excessive Fees and “Packing” – fees that far exceeded what would be expected or justified based on economic grounds.
Lending without regard to the borrower’s ability to repay – the borrowers clearly did not have the capacity to repay the loan. (i.e. Elderly living on a fixed income)
Outright fraud and abuse – certain groups, like home improvement contractors, appraisers and lenders, who prey on certain groups like the elderly and minorities.

There is help for people who are about to lose their home to foreclosure. The Alabama Bar Association has launched a campaign to assist homeowners facing foreclosure. State Bar President-elect Thomas J. Methvin of Montgomery (Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.), chairs the Mortgage Foreclosure Task Force and says “help is available” and “homeowners need to know their options.” He also says, “early intervention is the key to a successful outcome.”

Originally posted at InjuryBoard by Gibson Vance

Getting ready for Gustav

Wendi Lewis — Thu, 28 Aug 2008 15:58:15 GMT

There's an unwelcome guest heading to the Gulf Coast this Labor Day holiday weekend, as Hurricane Gustav makes tracks past Jamaica and into the Gulf of Mexico. He's just a tropical storm right now, but the National Weather Service National Hurricane Center expects him to strengthen to hurricane strength as he approaches the Cayman Islands and continue to grow in the Gulf.

Because hurricane tracking is not an exact science, best guess currently has the entire Gulf Coast area from Texas to Florida on alert. A big storm doesn't just affect those who live along the beaches, either. Strong winds and flooding rains will move inland still carrying a good deal of force. Residents of states in the line of fire, like Alabama, are bracing for impact and preparing for a worst-case scenario.

In Fall 2007, the Alabama Department of Public Health unveiled a disaster preparedness campaign that helps provide planning information that will get people ahead of the game in the event of an emergency. Called the Get 10 campaign, the program promotes the 10 items everyone should prepare as a disaster readiness kit, and provides additional information and resources for emergency situations.

If you live in Alabama or another Gulf Coast state preparing for Gustav, this information can help you get ready. With landfall expected sometime Monday or Tuesday, the time to act is now. The 10 items recommended by ADPH are:

1. water
2. food
3. can opener
4. medications
5. first aid
6. flashlight
7. radio
8. clothes
9. personal care items (toiletries)
10. important documents

The Get 10 web site has additional information about preparing each of these items. Additionally, they recommend these 5 important things to do to be ready in the case of an emergency:

1. Stay informed. Learn about the emergency alert system and weather alerts.
2. Learn about basic injury and disease prevention.
3. Look for the most current information on emergency preparedness.
4. Create a family preparedness plan and emergency supply kit (the 10 items listed above)
5. Become familiar with the emergency plans of your community, school, caregivers and workplace.

Even if you do not live in an area that may be affected this weekend by Hurricane Gustav, these are good tips for any emergency. Be prepared, and be safe.

Originally posted at InjuryBoard by Wendi Lewis

Play safe to avoid turning celebration to sorrow July 4

Wendi Lewis — Thu, 26 Jun 2008 10:13:44 GMT

A report released this week by the U.S. Consumer Product Safety Commission says nearly 10,000 Americans were treated for fireworks-related injuries in 2007. Of that number more than half occurred within one month of the July 4 Independence Day holiday.

It probably comes as no surprise to most people, as fireworks and July 4 go hand-in-hand, but it is a good reminder to use extreme caution when choosing to launch your own fireworks display as opposed to leaving it to the professionals. The CPSC said the parts of the body most often injured are hands, eyes, and legs, and there appears to be an upward trend in injuries. Additionally, there were 11 deaths in 2007 as a result of fireworks injuries.

"No one should go from a backyard celebration to the emergency room with firework related injuries," said CPSC Acting Chairman Nancy Nord. "Using only legal fireworks and using them correctly is an important step towards celebrating safely."

It also is important to remember that many cities prohibit fireworks within city limits. This doesn't seem to stop those intent on lighting up the sky over their own backyard, as the scream of bottle rockets and the flare of Roman candles is still a common sight in neighborhoods well within the city.

If you insist on your own celebration, follow these important safety tips from the CPSC:

* Never allow young children to play with or ignite fireworks.

* Make sure fireworks are legal in your area before buying or using them.

* Avoid buying fireworks that come in brown paper packaging, as this can often be a sign that the fireworks were made for professional displays and could pose a danger to consumers.

* Adults should always supervise fireworks activities. Parents often don't realize that there are many injuries from sparklers to children under five. Sparklers burn at temperatures of about 2,000 degrees - hot enough to melt some metals.

* Never have any portion of your body directly over a fireworks device when lighting the fuse. Move back a safe distance immediately after lighting.

* Never try to re-light or pick up fireworks that have not fully functioned.

* Never point or throw fireworks at another person.

* Keep a bucket of water or a garden hose handy in case of fire or other mishap.

* Light one item at a time, then move back quickly.

* Never carry fireworks in a pocket or shoot them off in metal or glass containers.

* After fireworks fully complete their functioning, douse the spent device with plenty of water from a bucket or hose before discarding to prevent a trash fire.

For more information, read the full CPSC release online.

Originally posted at InjuryBoard by Wendi Lewis

Jere Beasley named to NLJ Top 10 Attorneys list

Wendi Lewis — Mon, 16 Jun 2008 18:03:52 GMT

Jere Beasley, founding shareholder of Montgomery, Ala.-based Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., has once again been recognized as one of the most outstanding lawyers in the United States. He was selected as one of 10 attorneys featured in The National Law Journal’s 2008 special report, titled Winning: Successful strategies from some of the nation’s top litigators.

The lawyers featured in The National Law Journal's 2008 Winning special report "share a knack for artfully swaying judges and juries and taking risks when they see the opportunity to seize an advantage in the courtroom," according to the magazine. The publication chose the victors of 10 cases from scores of nominations offered from firms of all sizes from just about every state in the union.

Read the full article about this achievement.

Originally posted at InjuryBoard by Wendi Lewis

Immediate action necessary in Central United class action

Wendi Lewis — Wed, 14 May 2008 17:39:11 GMT

Consumers who have cancer insurance policies with Central United Life Insurance Company have until June 3, 2008, to review the details of a class action lawsuit against the company and opt out if they wish to exclude themselves from the class.

The Central United cancer policies provide for reimbursement of “actual charges” on claims for chemotherapy / radiation benefits. However, it appears that contrary to the terms of the policy, Central United has been paying only a portion of the charges, based on what the physician was paid by medical insurance or Medicare. Policyholders may have received only 30-40 percent of what they were owed.

A class action notice known as Skelton v. Central United Life Insurance Company was mailed to policyholders who possessed a policy during the timeframe of February 2003 through April 2008. Policyholders must opt out of this class action if they wish to pursue an individual claim.

This class action would settle for all policyholders any dispute over claims for benefits. This settlement would affect any current claims, and also any future claims or disputes.

It is recommended that policyholders contact an attorney for legal advice immediately to determine if they should opt out. If policyholders do not opt out by the June 3 deadline, they will not be able to pursue individual litigation if they feel the class action decision is not an adequate remedy or if they file a claim on the policy in the future.

Beasley Allen is currently pursuing individual claims of those who wish to opt out of this class and is accepting cases for those who wish to opt out of this class and pursue litigation of their own.

In addition to the Central United cases, Beasley Allen also is currently reviewing all cancer policy claims concerning the “actual charges” issue.

* * *

About the author: Wendi Lewis is a writer for Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. Based in Montgomery, Alabama, Beasley Allen is one of the country's leading firms in civil litigation on behalf of claimants.

Originally posted at InjuryBoard by Wendi Lewis

Lee High School Bus Accident Lawsuits to Move Forward

Shannon Weidemann — Thu, 03 Jan 2008 10:33:48 GMT

There have been than 24 personal injury lawsuits filed against Laidlaw Transit Inc. over the November 2006 bus accident that left 4 Lee High School students dead. Twelve of the cases now have court dates starting in November of this year. Depositions have been scheduled as well for the driver of the bus and executives at Laidlaw.

The collision of the Laidlaw Transit bus and a car driven by a Lee High School student occurred near the on-ramp of Interstate 565 on Nov. 20, 2006, at the Church Street overpass.
Forty students from Lee High School were on the bus when it plunged over a retaining wall. The bus fell 30 feet to the ground and crashed nose first.

Four families have also filed wrongful death claims against the company. One lawsuit claims there would have been fewer injuries if the school bus had been equipped with seat belts.

Originally posted at InjuryBoard by Shannon Weidemann

McDonald's Strip Search Victim Wins $6.1 Million in Suit

Courtney Mills — Fri, 05 Oct 2007 16:25:07 GMT

In the McDonald's Strip Search Case, after hearing Louise Ogborn's plaintive testimony in the witness box of how she endured two long hours of sexual torment as a prank caller posing as a cop subjected her to a virtual strip search while hapless McDonald's managers went along, a jury awarded her $6.1 million, far short of the $200 million she was seeking from the fast food giant.

Ogborn was a respected worker at McDonald's in Mount Washington, and was brought into the manager's at the behest of her assistant manager one afternoon under the accusation that she had stolen something. A prank caller from another state, posing as a police officer, asserted that Ogborn had stolen items from a customer. The caller then told the assistant manager to keep Ogborn in the office and make her take off all her clothes in order to reveal the missing items.

Owing to the McDonald's surveillance video in the manager's office, the jury was able to see the breadth and depth of Ms. Ogborn's emotional distress. Ogborn had initially sought far more in her claim, but will appeal the judgment.

Originally posted at InjuryBoard by Courtney Mills

University President Places Cops on Leave after Student Tasered

Courtney Mills — Wed, 19 Sep 2007 10:28:58 GMT

When video of a group of police Tasering University of Florida senior Andrew Meyer became an instant internet sensation on Tuesday, the debate on free speech on college campuses began to circulate in earnest. University of Florida President Bernie Machen responded in kind by placing two of the officers on leave because of their actions.

In the video, UF senior Andrew Meyer is seen asking Sen. John Kerry questions beyond his allotted time period, at which point university police forcibly escort Meyer out of the auditorium. As Meyer resists the police escort, the police respond by using a Taser to administer an electric shock. From that point, Meyer was temporarily incapacitated while he was ushered out of the building.

Due to the widespread outcry over the use of force in this instance, the police officers involved have been placed on administrative leave pending an inquiry into the event. Even so, according to media reports there were several student demonstrations Tuesday to protest the silencing of a fellow student.

Originally posted at InjuryBoard by Courtney Mills

Cholesterol Lowering Drugs Top Sellers in U.S. Market

Courtney Mills — Thu, 13 Sep 2007 09:45:20 GMT

According to an article published on Reuters today, the cholesterol-lowering drug category of statins, the most popular of which is Lipitor by Pfizer, was responsible for the Lion's share of prescription drug sales in 2004.

While cholesterol-lowering drug tended to be the most profitable for drug companies, according to federal estimates, patients spent somewhere in the neighborhood of $9 billion in 2004 on Lipitor alone. Merck's Zocor came in a close second with $4.7 billion in sales.

Proton pump inhibitors also comprised a substantial portion of consumer pharmaceutical spending. According to the survey, AstraZeneca's Nexium accounted for $4.2 billion in drug sales, while Prevacid accounted for $2.4 billion.

The survey did not include any generic prescriptions, and some of the drugs included in the study are now available as generics.

For more information on consumer prescribing habits, the full survey is available at http://www.meps.ahrq.gov/mepsweb/data_files/publications/st180/stat180.pdf.

For more information on this subject matter, please refer to the section on Drugs, Medical Devices and Implants.

Originally posted at InjuryBoard by Courtney Mills

Ameriquest Named in Federal Class Action Lawsuit Filed by The NAACP

Chrissie Cole — Mon, 03 Sep 2007 01:02:00 GMT

A federal class action lawsuit was filed by the NAACP on July 11, in the United States District Court of Central California. The lawsuit names Ameriquest Mortgage Co. along with several other mortgage giants.

Recent reports across several agencies cite the prevalence of sub-prime mortgages and predatory lending practices as the root of foreclosures rising. According to the NAACP foreclosures are happening more often to African-American families.

The complaint states, in 2006 the Center for Responsible Lending reported that while taking into account credit risk and income, it was still 31 to 34 percent more likely for an African-American family to receive a higher subprime loan rate. Disparities between African-Americans and Caucasians with the same risk factors were large and statistically different.

The document includes a study conducted by the National Community Reinvestment Coalition that 54 percent of the time, African-Americans who qualify for better loan rates are still sold subprime loans, while only affecting Caucasians 23 percent of the time.

"The lawsuit does not request an amount of money from the court, stating "awarding attorney fees and costs to Plaintiff and members of the Class as allowed by law; and for such other relief as the Court deems just under the circumstances," but does request the court: find the defendants in violation of the Fair Housing Act, the Equal Credit Opportunity Act and the Civil Rights Act; stop them from engaging in the aforementioned conduct; force them to conform their lending practices to current law and have them publish information and provide programs "to fully inform African Americans about their rights to equal treatment with respect to home loans and subprime loans."

Originally posted at InjuryBoard by Chrissie Cole