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General

1/24/2012
Hans G. Poppe
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Injured Passengers of Cruise Lines Might be Without Compensation

The recent Costa Concordia shipwreck has brought to light many of the things cruise lines do to avoid compensating passengers for their injuries.

Business Litigation Attorney

1/6/2012
Hans G. Poppe
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West Virginia Over Louisville, Really?

We are back to blogging! And to bring excitement to it, it is time to discuss the error made by the Big 12 Conference.

Kentucky Medical Malpractice Attorney

9/30/2011
Hans G. Poppe
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Saint Joseph London Stent Case WHAS News Video

Lawsuit against Saint Joseph London, Catholic Health Initiative, and several London, Kentucky doctors alleging unnecessary heart surgeries like caths & stents.

9/22/2011
Hans G. Poppe
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Sentinel Echo Writes About Saint Joseph London Stenting Lawsuit

The Sentinel Echo has published a story about the recent lawsuit we filed against Catholic Health Initative, Saint Joseph and various London doctors.

General

8/2/2011
Hans G. Poppe
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Why We Haven't Been Blogging

Where has Hans been and why isn't he blogging?

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Ketucky Legal Malpractice Attorney

6/15/2011
Hans G. Poppe
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Kentucky Bar Votes to Disbar Famous Lawyer Stan Chesley

Stan Chesley, the mega successful class action attorney from Ohio, is facing disbarment in Kentucky.

General

6/14/2011
Hans G. Poppe
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U.S. Government Claims Immunity in Tort Claim

Government claims immunity in a tort claim where an FBI agent wrecked a rare Ferrari.

6/14/2011
Hans G. Poppe
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Hulk Hogan Lawsuit Dismissed by Florida Judge

Hulk Hogan's lawsuit against Wells Fargo and ex-wife, Linda, was dismissed by a Florida judge.

Kentucky Accident Attorney

5/26/2011
Hans G. Poppe
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Prior Traffic Violations Predict Truck Drivers Likelihood of Future Accidents

A recent study of truck drivers' driving behaviors indicates those with prior traffic violations are more likely to be involved in an accident.

Kentucky Nursing Home Neglect Attorney

4/4/2011
Hans G. Poppe
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What Do Charlie Sheen, Nursing Homes And ABC Have in Common....

What you absolutely, positively, have to know about Charlie Sheen, nursing home negligence and arbitration.

General

1/23/2011
Hans G. Poppe
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Why Did This Huge Law Firm Fork Over $25 Million to the Franklin Mint.....?

Mannatt, Phelps & Phillips agrees to pay the former owners of the Franklin Mint $25 million dollars to settle a malicious prosecution case.

Kentucky Medical Malpractice Attorney

1/12/2011
Hans G. Poppe
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Judge Holds Louisville Doctor In Contempt for Lying Under Oath

Oddly enough, I just happened to have been in court several times when hearings were being conducted in a Louisville medical malpractice case involving a Louisville eye surgeon.  As a local attorney, I took great interest in the case, especially when the subject of the doctor's alleged perjury arose.  Apparently, when the doctor learned he might be sued by a former patient, he decided he would send the former patient clippings from the newspaper where doctors successfully sued lawyers for unsuccessfully suing the doctor.  When asked about it in his depositon, the doctor lied (a bunch of times) and said he did not send the clippings to his patient.  Judge Fred Cowan, a former Kentucky Attorney General, didn't take to well to the doctor's lies.  Judge Cowan fined the doctor several thousand dollars and ruled the jury can be informed that the doctor lied under oath.  Read the full story here:

hp


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Ketucky Legal Malpractice Attorney

1/11/2011
Hans G. Poppe
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Fen Phen Lawyer Indicted....AGAIN

An attorney who was disbarred after representing clients in a multimillion-dollar diet drug settlement has been indicted on a fraudulent insurance acts charge. A Fayette County grand jury charged Melbourne Mills Jr. on Tuesday based on an incident on or about Aug. 11, 2003.

Unfair Insurance Practices Attorney

1/3/2011
Hans G. Poppe
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The Truth About the "Litigation Crisis"

As a Kentucky trial lawyer, I work hard to explain to people why there really isn't a litigation crisis and there simply aren't that many frivolous lawsuits. The insurance industry has done a great job convincing people of things that simply are not true. Here is a great article giving some facts about the "litigation crisis."

Kentucky Accident Attorney

12/22/2010
Hans G. Poppe
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Is Karen Sypher Finally Going to Jail Over the Pitino Fiasco....

Looks like Karen Sypher has finally run out of options and is finally going to be sentenced in her conviction for the extortion of Rick Pitino.

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General

12/20/2010
Hans G. Poppe
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The Night Before Christmas (As Written by a Lawyer)

THE NIGHT BEFORE CHRISTMAS in Legalese
(Author unknown)

Whereas, on or about the night prior to Christmas, there did occur at a certain improved piece of real property (hereinafter "the House") a general lack of stirring by all creatures therein, including, but not limited to a mouse.

A variety of foot apparel, e.g., stocking, socks, etc., had been affixed by and around the chimney in said House in the hope and/or belief that St. Nick a/k/a/ St. Nicholas a/k/a/ Santa Claus (hereinafter "Claus") would arrive at sometime thereafter. The minor residents, i.e. the children, of the aforementioned House were located in their individual beds and were engaged in nocturnal hallucinations, i.e. dreams, wherein vision of confectionery treats, including, but not limited to, candies, nuts and/or sugar plums, did dance, cavort and otherwise appear in said dreams.

Whereupon the party of the first part (sometimes hereinafter referred to as ("I"), being the joint-owner in fee simple of the House with the party of the second part (hereinafter "Mamma"), and said Mamma had retired for a sustained period of sleep. (At such time, the parties were clad in various forms of headgear, e.g., kerchief and cap.

Suddenly, and without prior notice or warning, there did occur upon the unimproved real property adjacent and appurtenant to said House, i.e., the lawn, a certain disruption of unknown nature, cause and/or circumstance. The party of the first part did immediately rush to a window in the House to investigate the cause of such disturbance.

At that time, the party of the first part did observe, with some degree of wonder and/or disbelief, a miniature sleigh (hereinafter "the Vehicle") being pulled and/or drawn very rapidly through the air by approximately eight (8) reindeer. The driver of the Vehicle appeared to be and in fact was, the previously referenced Claus.

Said Claus was providing specific direction, instruction and guidance to the approximately eight (8) reindeer and specifically identified the animal co-conspirators by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid, Donner and Blitzen (hereinafter "the Deer"). (Upon information and belief, it is further asserted that an additional co- conspirator named "Rudolph" may have been involved.)

The party of the first part witnessed Claus, the Vehicle and the Deer intentionally and willfully trespass upon the roofs of several residences located adjacent to and in the vicinity of the House, and noted that the Vehicle was heavily laden with packages, toys and other items of unknown origin or nature. Suddenly, without prior invitation or permission, either express or implied, the Vehicle arrived at the House, and Claus entered said House via the chimney.

Said Claus was clad in a red fur suit, which was partially covered with residue from the chimney, and he carried a large sack containing a portion of the aforementioned packages, toys, and other unknown items. He was smoking what appeared to be tobacco in a small pipe in blatant violation of local ordinances and health regulations.

Claus did not speak, but immediately began to fill the stocking of the minor children, which hung adjacent to the chimney, with toys and other small gifts. (Said items did not, however, constitute "gifts" to said minor pursuant to the applicable provisions of the U.S. Tax Code.)

Upon completion of such task, Claus touched the side of his nose and flew, rose and/or ascended up the chimney of the House to the roof where the Vehicle and Deer waited and/or served as "lookouts." Claus immediately departed for an unknown destination.

However, prior to the departure of the Vehicle, Deer and Claus from said House, the party of the first part did hear Claus state and/or exclaim: "Merry Christmas to all and to all a good night!" Or words to that effect.


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Ketucky Legal Malpractice Attorney

12/11/2010
Hans G. Poppe
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Legal Malpractice Claims on The RIse

The Insurance Law Journal wrote an article and published some videos explaining why they believe there has been an increase in legal malpractice claims.

Kentucky Accident Attorney

11/23/2010
Hans G. Poppe
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Trucking Company Involved In Fatal KY Accident Changes Name To Get Back on The Roads

Arkansas Trucking Company Changes Name In Order To Avoid Order To Take Its Trucks Off The Road Following 11 Person Fatal Accident On I-65 In Kentucky.

General

10/12/2010
Hans G. Poppe
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Kentucky Nursing Homes....Still Having Problems

The Kentucky Office of the Inspector General conducted an inspection and the results are poor.

Kentucky Accident Attorney

10/1/2010
Hans G. Poppe
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A World Without Lawyers

Do we really want a lawyerless society?

Labels: attorney lawyer

General

9/18/2010
Hans G. Poppe
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Kentucky Governor Orders Nursing Home Reform

It's about time someone did something to improve the quality of care in Kentucky nursing homes.  I handle nursing home neglect and abuse cases and am constantly frustrated by the complete disconnect between the state agencies and their inability to effect real change in a facility.

Today's Courier Journal indicated Gov. Beshear has finally done something that may offer some hope for improvement; however, we really need more drastic measures such as those offered by Attorney General Jack Conway.

Here is the article:

FRANKFORT, Ky. — Gov. Steve Beshear directed his administration Friday to immediately implement nearly two-dozen reforms aimed at combating nursing home abuse and neglect.

The recommendations are the result of a review of the state's handling of reports of abuse and neglect in nursing homes.

Beshear ordered the Cabinet for Health and Family Services to conduct the review after the Lexington Herald-Leader examined 107 citations issued by the agency over a three-year period in instances where a resident's life or safety has been endangered.

The newspaper found that only seven of the 107 cases of nursing home deaths or abuse were prosecuted as crimes and that police and coroners are rarely notified of nursing home deaths or serious injuries.

“This review will be an essential document to guide the many groups that have an interest in maintaining safe nursing homes, and to ensure that proper procedures and accountability are maintained when investigations are required for suspected cases of neglect or abuse,” Beshear said in a statement.

The citations reviewed included 18 deaths, 30 hospitalizations, five broken bones and two amputations that resulted from violations of state regulations, the newspaper reported. Thirteen residents were injured because of lapses by staff members, according to the citations.

Beshear asked cabinet Secretary Janie Miller to review state agencies' coordination with local prosecutors and law enforcement to handle the reports, the newspaper reported.

Representatives from the industry, law enforcement and victim advocates were involved in the review.

Miller said the review found, for example, that law enforcement officials sometimes weren't certain who to contact at the cabinet regarding abuse and neglect cases.

She said one of the recommendations to be implemented is the creation of regional Adult Protective Services teams, which will have more clear guidelines in working with law enforcement.

“That was identified as a significant improvement from the voices of law enforcement,” she said in an interview. “They get better at it, and we get better at communicating with them if we have just one or two people involved, rather than 10.”
Bernie Vonderheide, founder of Kentuckians for Nursing Home Reform, complimented Beshear and his administration for beginning to address the issue.

“We think that it's about time the governor of the commonwealth start making elder care a top priority,” he said.

Vonderheide, who said he had not reviewed the report, said he is glad to see a recommendation to revitalize an Elder Abuse Committee that is inactive.

Miller acknowledged the committee rarely meets and has done little to monitor nursing home abuse investigations, which it is charged with doing under state statute.

She said she doesn't know why the committee has been inactive since before she became cabinet secretary.

“This will be an important place where a lot of stakeholders can be involved in how those recommendations are implemented,” she said.

Miller said the review is the beginning of the process of reforming the way nursing home abuse and neglect cases are handled.

Attorney General Jack Conway, who participated in the process, recommended stiffer penalties for nursing home abuse and neglect and for failure to report abuse and neglect.

“We appreciate Gov. Beshear leading efforts to ensure the Cabinet for Health and Family Services is communicating and coordinating with other state agencies in order to more efficiently and effectively investigate elder abuse and neglect cases,” Conway said in a statement.

Although the state sends reports of the most serious nursing home regulatory violations to the attorney general's office, that office can prosecute only with the permission of local prosecutors.

And local prosecutors say they seldom hear about the cases.

Miller said the final report did not include Conway's recommendations because the legislature would have to amend state law. The report, she said, made recommendations that the cabinet could implement immediately.

“We're assuming that continued work will happen,” she said. “I don't know where that will take us at this point.

Tim Veno, president of the Kentucky Association of Homes and Services for the Aging, said in a statement that, “While instances of abuse and neglect in Kentucky's Long Term Care facilities are not the norm, even one instance of abuse is one too many.”

Reporter Stephenie Steitzer can be reached at (502) 875-5136.

9/10/2010
Hans G. Poppe
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Britney Spears' Bodyguard Files Sexual Harassment Suit Against Her

Britney Spears' bodyguard filed a sexual harassment and child abuse lawsuit against her in Los Angeles County Superior Court.

Kentucky Nursing Home Neglect Attorney

8/31/2010
Hans G. Poppe
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Associated Press Article Attributes Poor Care in Nursing Homes to Understaffing and Discusses 677 Million Dollar Verdict

This week, an associated press article attributes poor care in nursing homes to understaffing and, discusses the 677 million dollar verdict against a nursing home that failed to meet minimum staffing requirements.


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