- Steve Lombardi | March 31, 2008 12:00 AM |
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Defective & Dangerous ProductsEditorials like one appearing in the Wall Street Journal on Tuesday, March 4, 2008 are examples of irresponsible journalism. Just as the public tired of "liberal media" so are they sick and tired of the other extreme form of journalism that adds nothing to solving problems. The editorial board should go back to the basic foundation of good solid journalism and save their opinions for personal...
- Steve Lombardi | March 30, 2008 12:00 AM |
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Wrongful DeathCrawford County - Stop being mad, you make us all look bad. It's time to step into this Century. Start thinking and getting better legal advice.To set this up let's review the facts. A bike rider in RAGBRAI is allowed to ride and he hasn't signed the required waiver. He enters Crawford County, rides on their roads, hits a hole, flips and ends up dying. His widow sues Crawford County and gets a...
- Steve Lombardi | March 29, 2008 12:00 AM |
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Wrongful DeathCrawford County double standard. We've all said it to our children, "Take responsibility for your actions." And then there is the often quoted word to the wise normally stated after trouble has occurred, "There are consequences to your actions." We've all said it to our children, "Take responsibility for your actions." And then there is the often quoted word to the wise normally stated after...
- Steve Lombardi | March 28, 2008 12:00 AM |
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Wrongful DeathIowa news reports that Iowa counties don't want RAGBRAI coming through their counties if they will have to be financially responsible for the risk of injury to the participants. "RAGBRAI organizers stayed clear of Crawford County. Last year, county supervisors there banned RAGBRAI from using its roads. The ban followed a deadly crash in the county involving a RAGBRAI rider in 2004.Kirk Ullrich...
- Steve Lombardi | March 27, 2008 12:00 AM |
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Automobile AccidentsFinding those two witnesses shows excellent skills on your part. Well done. After 26 years of practicing law I can think of only two reasons why insurance company adjusters want to talk with the person asking their company for money; and neither reason is good for you.Issue: I was in a MVA over two weeks ago. I turned left at the same time a truck ran a red light. The police report said...
- Steve Lombardi | March 26, 2008 12:00 AM |
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Automobile AccidentsWhat do you do if after an accident you find out the police report is inaccurate and a witness who admitted liability now changes his story and now blames you?PROBLEM: I was broadsided completing a left at a traffic light. The light was red by the time traffic subsided. A truck ran a red light. He ran over to me claiming it was his fault and how his truck slid when he was stopping. He denied...
- Steve Lombardi | March 25, 2008 12:36 AM |
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FDA & Prescription DrugsAnother Heparin product recall. You should know that this anticoagulant drug is manufactured from pig intestines. Surprised? From where do you think the ingredients for the widely taken menapause drug Premarin are found? Read today's blawg post to find out. More Heparin products have been voluntarily recalled on a nationwide basis. The Food and Drug Administration has received reports of serious...
- Steve Lombardi | March 24, 2008 12:00 AM |
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Workplace InjuriesWorkers killed while doing their job in foreign states, states other than their residence and the normal place of business, should see a lawyer to determine in which state or states the dependents are eligible for benefits and what state offers the more generous benefits. Another worker died this past week. This one while trying to move a mobile home at the Cloverleaf Trailer Park in Moline,...
- Steve Lombardi | March 23, 2008 12:00 AM |
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Workplace InjuriesWorkers can easily fall to their death if the right fall protection is not used. I've previously posted falls in plants and at construction sites. These can be very dangerous accidents. Working at heights it's easy to lose your footing or to move as your would regularly move but not remembering you're not in the correct location to move in such a direction. When falls happen it can be...
- Steve Lombardi | March 20, 2008 11:00 AM |
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Workplace InjuriesIowa House passes House File 2542 concerning Iowa citizens who are injured working on another state. The Iowa House on Tuesday passed a significant piece of legislation to assist Iowa workers who are injured while working in a state other than Iowa. Now if the Senate will pass House File 2542 or something similar, a 2003 Iowa Supreme Court decision will be over turned. House passes change to...
- Steve Lombardi | March 20, 2008 12:00 AM |
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Defective & Dangerous ProductsWe've heard all about the necessity of expert witnesses using evidence based medicine to formulate opinions in law suits. Of course many of us have not bought into "evidence based medicine" as the cure for what some characterize as "fairer judicial decisions". We've been around too long and heard it previously suggested that the jury system needs to be fixed by those with a financial interest in...
- Steve Lombardi | March 19, 2008 12:00 AM |
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Defective & Dangerous ProductsEvidence based medicine is a medical concept that is being peddled to the legal profession, but especially the Courts as a fairer approach to deciding what evidence should or should not be admitted into evidence. It's a medical concept that some are attempting to turn into a legal concept. There are several definitions. A few are cataloged below. There is even a Centre For Evidence-Based...
- Steve Lombardi | March 18, 2008 12:00 AM |
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Defective & Dangerous ProductsDoesn't it seem like the fox is watching the hen house? Now you have to ask yourself: Question: Who is watching out for your family? Answer: Certainly not the drug companies and absolutely not the FDA. Question: Why is the FDA allowing all of this advertising directly to the consumer? Why is this relationship between the FDA and the pharmaceutical companies so cozy?Answer: ?????According to The...
- Steve Lombardi | March 17, 2008 12:00 AM |
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Wrongful DeathFarming remains one of the most dangerous occupations.Almost as many farmers were killed on the job as truckers, according to a new state study. During 2007 23 truckers and 22 farmers died on the job. A total of 79 work-related fatalities occurred last year. For farmers it's mostly caused by using older tractors that don't include a ROP (Roll Over Protection). Surprisingly farmer deaths are 25%...
- Steve Lombardi | March 16, 2008 12:00 AM |
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MiscellaneousWith the continuing increase in energy prices, the demand for products from companies such as Schlumberger Ltd. has also increased. Schlumberger is the world's largest oil services company and has recently reported that its second-quarter profit rose 47%. Net profit for the Houston-based company rose to $1.26 billion, or $1.02 cents per diluted share, from $857 million, or 69 cents, a year...
- Steve Lombardi | March 15, 2008 12:00 AM |
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FDA & Prescription DrugsThe campaign to get the American public to hate trial lawyers is a well thought out plan to make billions of dollars in bonuses for corporate CEO's. The fact that it's working will only encourage the importation of more poison products coming into the Unites States.If the general public isn't yet outraged about our children being poisoned by lead paint covered toys, then just wait. The toxic...
- Steve Lombardi | March 14, 2008 12:00 AM |
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Wrongful DeathCharges pending in West Burlington Bicyclist's Death - It's been officially reported that charges are pending in the bicycle accident that claimed the life of Douglas Kenney. A truck struck him from behind. If you want to know how to look at this accident and decide if you would file charges switch one fact that applies to each; their age. I've previously written about this accident. The truck...
- Steve Lombardi | March 13, 2008 12:00 AM |
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Wrongful DeathThe Siouxland man whose conviction for driving a boat on the Missori River while over the legal limit that resulted in the death of Sihn Do, a 21 year old man, has been sentenced to 4 years in prison. In addition he was ordered not to operate a boat for 6 years and will be on probation for 5 years after serving time.If a civil suit were brought against Justin Nguyen it would a wrongful death...
- Steve Lombardi | March 13, 2008 12:00 AM |
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MiscellaneousI'm reading Mark and Brooks post about the power of the LISTSERV. They are the IB firm from Austin. I have to agree with them about us basically agreeing and their post correctly analyzed my earlier posts. Basically a LISTSERV is a great idea because of the point Mark and Brooks make about the best and brightest plaintiff lawyers brainstorming, mentoring and cogitating about the law. But not the...
- Steve Lombardi | March 12, 2008 12:00 AM |
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MiscellaneousIt isn't unusual for people come to me asking for a conference to discuss their case; even after they have hired another attorney. And that's okay. I don't mind taking time to talk with them. We get to know each other and being informed is very important. I appreciate that as a lawyer I have experience that they don't have. And that they have only one chance to do it right. Some people realize...
- Steve Lombardi | March 11, 2008 12:00 AM |
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MiscellaneousLawyers live a life in the public eye but not as a matter of choice. In many instances the work we do is public, even though we seek no publicity, only justice for our clients. The risks lawyers can be exposed to are too numerous for this post. Some lawyers regularly come into contact with unsavory characters. Others by the misconception created by Madison Avenue and large corporations believe...
- Steve Lombardi | March 10, 2008 12:00 AM |
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MiscellaneousI've been issued a challenge and I take it up. Ah, a quote from Harry Philo and an alleged challenge to my abilities to blawg around a quote. The only thing better would be to be climbing or sitting for a gin with Ed.The Challenge is how would I blog using this quote?BLAWG: Harry M. Philo was quoted as saying: "Trial lawyers must accept the challenge to resolve the contradictions in the system...
- Steve Lombardi | March 09, 2008 10:00 AM |
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MiscellaneousRed Sox versus the Yankees - the ultimate courtroom drama. Once again there is proof in the pudding that even God is a Red Sox fan. There is near overwhelming evidence that Pope Benedict XVI is a Red Sox fan. While the Yankees lament yet another kink in their armor, there is little disagreement that Pee-Bee is a member of the Red Sox Nation. With the Pope scheduled to say holy mass at Yankee...
- Steve Lombardi | March 09, 2008 12:00 AM |
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Workplace InjuriesWhat is my shoulder injury case worth with surgery? Well first I'll say this is common in my practice to be asked for a second opinion and I do give them, without charge. I do it even for lawyers and who knows maybe I have with your lawyer. That doesn't mean everyone should write to me asking for a free consultation for a second opinion. QUESTION: I am a nurse and I got hurt at work, I had...
- Steve Lombardi | March 08, 2008 12:00 AM |
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Automobile AccidentsQUESTION: Am I at fault if I crash into someone else while driving in dense fog? After all it isn't my fault, it was the fog! ANSWER: If we ignore all other facts and entertain only the fog issue, then my opinion is that you are likely to be at fault. There is nothing unusual about the fog. Fog is fog. It's a weather condition that all drivers must contend with and everyone knows that fog is the...
- Steve Lombardi | March 07, 2008 12:00 AM |
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MiscellaneousLearn how to recognize some of the more popular lending schemes that amount to nothing more than fraud. If you've got mortgage problems don't compound them by taking the bait on another flavor of financial chicanary that can lead to a worse situation. There are several short video clips on YouTube explaining various forms of fraud being perpetrated on unsuspecting home owners with mortgage...
- Steve Lombardi | March 06, 2008 12:00 AM |
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Motorcycle AccidentsMotorcycle safety is a concern to all who ride. Here is the information for Iowa to learn how to ride safer. Iowa has a program titled MRE or Motorcycle Rider Education. What is the Motorcycle Rider Education (MRE) Program? Iowa has a Motorcycle Rider Education (MRE) Program administered by the Office of Driver Services of the Department of Transportation. Iowa's MRE program teaches Basic...
- Steve Lombardi | March 05, 2008 12:00 AM |
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Motorcycle AccidentsIn 2007, 423 people died in all traffic accidents according to the Iowa DOT. As compared with 439 in 2006 and 450 in 2005. More statistics are coming in having to do with seatbelt usage, alcohol relatedness, motorcycle and deer wrecks and collisions, etc. We'll report on more later. Happy New Year!
- Steve Lombardi | March 04, 2008 12:00 AM |
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MiscellaneousWhat's right is not always what is fair. I'm really not feeling the LOVE. Big brother is listening! Or, so warned Orwell of the society of 1984. Like the Mayor in Any Given Sunday, let me show you the love. I love the power of the LISTSERV. I would be blood brothers with a Plaintiffs' LISTSERV if it could bleed. But it can't, won't and doesn't. In Iowa our trial lawyers association is one of...
- Steve Lombardi | March 04, 2008 12:00 AM |
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FDA & Prescription DrugsFDA warning describes potentially severe liver damage associated with the prescription drug Tysabri. The warning link can be obtained through this blawg.Potential liver damage that can result in the need for a liver transplant in some patients is the significance of an FDA and Biogen Idec, Elan warning associated with the drug Tysabi. Patients taking this drug can read the warning at the FDA...
- Steve Lombardi | March 03, 2008 12:00 AM |
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Automobile AccidentsI have to admit that this one was too good to pass on without comment. I've written previously about tort deformers and their mantra and how Madison Avenue has brilliantly fooled most of the nation into believing the sky is falling and we can only save the nation with more tort deform. But as my mother is fond of saying, "This one is a real doozy!" I have to admit that this one was too good to...
- Steve Lombardi | March 02, 2008 12:00 AM |
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MiscellaneousAnother trial tip from Steve Lombardi. Civil trial practice is challenging and direction that opens informational doors can be something well worth listening too.Let's say you've got a case involving medical devices and it's a contraption you've never seen or heard about. What can you do to become educated about it and about how it has tested in the field of commerce - in this case the medical...
- Steve Lombardi | March 01, 2008 12:00 AM |
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Wrongful DeathMay it please the Court? An eight year old boy was skiing; ran into another skier and the collision caused the old geezer injury. So the old geezer in turn sued for damages. One might be lead to ask if this is legal, fair or morally right. And my answer is, "Absolutely, positively, unequivocally - it is!" Why not? Children today want all of the privileges but none of the responsibilities....