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I would like to take this opportunity to write to your law firm and thank you for coming through for me when I lost hope in my previous attorney.
We will gladly be a reference for you, and we certainly will recommend you as the attorney to have in Louisville. You have a gift in the way you are able to communicate with your clients and within the legal system.
My father would have been so proud to know that his case was driven home with such passion and genius. Thank you for giving that jury every tool they needed to hold those people accountable for the torture they inflicted on my Dad.
Thank you, thank you, thank you, thank you, thank you, thank you...
You have now made it possible for me to rest assured that I have everything I need now and in the future to cover the expenses of my disability

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Kentucky Accident Attorney

1/27/2010
Hans G. Poppe
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Can The Tobacco Companies Get Any More Evil.....

It always seems that everyone wants a piece of big tobacco companies but it seems that the state of Florida may have finally gotten behind them. According to Jordana Mishory of the Daily Business Review, the newest Big Tobacco Strategy is putting the hurt on potential plaintiffs. The article was featured in the Kentucky Justice Association’s weekly clips.

According to Florida law, “plaintiffs who obtain a significantly smaller judgment than a rejected settlement offer must pay the other side’s attorney fees.” Particularly in Florida, but also around the country tobacco companies have been offering settlement amounts as low as $500 in wrongful death and negligence cases.

Fear on the side of the potential plaintiffs of having to pay opposing attorney fees has caused numerous people to drop tobacco lawsuits. Such was the case with Jerome Cohen of Fort Lauderdale. According to Cohen’s attorney, his client, who suffers from lung cancer, dropped the case because of medical reasons. But Philip Morris USA parent company Altria Group Inc. said the settlement was to avoid paying company legal fees in the case of a loss at trial. Regardless of the reason, Cohen ended up with a mere $1,000 settlement. Two other Florida plaintiffs had to pay $100,000 and $30,000 after losing a trial recently.

Altria and other tobacco companies contend that the majority of cases against them are either ill prepared or flawed and in many cases believe that the small settlement amounts they offer are equivalent to what the claims are essentially worth.

hans

Labels: class action consumer protection tobacco

5/8/2009
Hans G. Poppe
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Guess What Forbes Magazine Says We Need More Of? The Answer Will Shock You....

It's no secret that Forbes Magazine hates lawyers. Especially trial lawyers. After all, aren't the trial lawyers the ones running the economy into the ground, forcing those nice insurance companies to raise premiums and making it impossible for doctors to deliver babies? (don't forget trial lawyers are also probably responsible for acide rain, global warming, famine, locusts, termites, etc.)

So, why is Forbes now saying we need more trial laywers, not less?! Well it seems that Forbes is concerned with all of the foodborne illness that come from contaminated foods that are not properly prepared or packaged. William Baldwin writes "One possible solution is more government and more laws. Those familiar with the proclivities of this magazine will not be surprised that I take a dim view of this solution (and, in particular, of the proposed Food Safety Modernization Act, which would bury food preparers in paperwork). No, I would prefer to have the same government and the same laws, but--here's the surprise--more tort lawyers."

Baldwin concludes by saying "Add technology to tort law and you get a powerful force for safety."

Something us trial lawyers have known and preached for a long time. However, it isn't limited to food, you can thank lawyers for seatbelts, airbags, kids pajamas that don't burst into flame, and a million other things that keep people safe. It's about time someone over at Forbes recognized the vitally important role lawyers play in society.

hans

Labels: attorney consumer protection lawsuit lawyer litigation

5/4/2009
Hans G. Poppe
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FDA Warns "Stop Using This Diet Drug RIght Now."

One of the fundamental problems with most diet supplements is that they don't have to go through a Federal Drug Administration approval process. There are simply too many diet supplements on the market for the FDA to test, approve and monitor all of them. This leads to a lot of products we put in our bodies being untested by any meaningful organization to ensure they aren't harmful.

Because the FDA isn't involved in the process on the front end, the best they can do is to ask that products be pulled on the back end, once there is a question about safety. That's exactly what happened this past week went the FDA warned consumers to STOP using the popular diet and energy supplement Hydroxycut.

You can see an Associated Press video of the recall here:

"The Food and Drug Administration said the company that makes the dietary supplement has agreed to recall 14 Hydroxycut products. Available in grocery stores and pharmacies, Hydroxycut is advertised as made from natural ingredients. At least 9 million packages were sold last year, the FDA said. Dr. Linda Katz of the FDA's food and nutrition division said the agency has received 23 reports of liver problems, including the death of a 19-year-old boy living in the Southwest. The teenager died in 2007, and the death was reported to the FDA this March. Other patients experienced symptoms ranging from jaundice, or yellowing of the skin, to liver failure. One received a transplant and another was placed on a list to await a new liver. The patients were otherwise healthy and their symptoms began after they started using Hydroxycut." Katz went on to say "Part of the problem is that the FDA looks at dietary supplements from a post-market perspective, and an isolated incident is often difficult to follow." Public health researcher Ano Lobb, who has studied Hydroxycut and other dietary supplements for Consumer Reports, said "You really have to be careful about dietary supplements, especially weight-loss pills. People believe that the FDA has verified that these products are at least safe and effective, and that's really not the case. When you see fantastic claims _ that's generally what they are."

The recall covers the following 14 products:

The following products are covered by this voluntary recall:

Hydroxycut Regular Rapid Release Caplets
Hydroxycut Caffeine-Free Rapid Release Caplets
Hydroxycut Hardcore Liquid Capsules
Hydroxycut Max Liquid Capsules
Hydroxycut Regular Drink Packets
Hydroxycut Caffeine-Free Drink Packets
Hydroxycut Hardcore Drink Packets (Ignition Stix)
Hydroxycut Max Drink Packets
Hydroxycut Liquid Shots
Hydroxycut Hardcore RTDs (Ready-to-Drink)
Hydroxycut Max Aqua Shed
Hydroxycut 24
Hydroxycut Carb Control
Hydroxycut Natural

I predict this will lead to mulitple lawsuits over the safety of the diet supplement for people who have possibly been injured as a result of using it. These lawsuits will likely be filed as a class action or, perhaps, individual lawsuits will be combined in a multidistrict litigation (MDL). A second kind of lawsuit will likely be filed for those consumers that weren't physically injured but who purchased an unsafe product and will not use any remaining product because of the recall. These consumer's are entitled to receive the purchase price returned becuase these sales likely violate various state's consumer protection laws. These claims can be brought by individuals or, perhaps, by states' Attorneys General.

I predict that hundreds if not thousands of lawsuits will be brought by users of Hydroxycut against the Canadian company lovate Health Sciences USA Inc.

If you want more information on the recall or your rights, feel free to contact us.

hans

Labels: class action consumer protection drug companies Hydroxycut lawsuit multi district litigation personal injury recall

Business Litigation Attorney

7/12/2010
Hans G. Poppe
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Apple & ATT Might Have Some Big Problems Out in California...

A federal judge has allowed a lawsuit against Apple and AT&T to go forward as a class action.

Labels: business litigation class action consumer protection multi district litigation

7/21/2009
Hans G. Poppe
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The Case of the Exorbitantly Expensive Emeralds...

As a Louisville attorney that has handled a number of high dollar breach of contract cases, I followed with interest the highly publicized case of a local Louisville jeweler that was being sued by the Brown-Forman heirs for allegedly selling
According to Jason Riley of the Courier-Journal, "Louisville jeweler Jim Jackson does not have to refund $800,000 to the family of former Brown-Forman Corp. chairman Robinson S. Brown Jr. for a necklace he sold Brown in 2005.

Brown's sons, Robinson S. Brown III and J. McCauley "Mac" Brown, had asked jurors to rescind the sale of an emerald and diamond necklace, claiming Jackson tricked their father into spending $800,000 on jewelry that was worth about $500,000.Jackson, who had tears in his eyes after the jury's decision, said he was relieved, as the three years of litigation surrounding the necklace has been devastating financially and emotionally. "I didn't do anything wrong," said Jackson, adding that the worst part was the strain on his wife, family and employees at his business, Aesthetics in Jewelry."

Sounds like the right result to me. Sometimes the deal we make in the morning doesn't look so good at night--that doesn't mean the seller commited fraud. Buyer beware.

hans

Labels: breach of contract business litigation consumer protection