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August 24, 2010
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Personal Injury News

 

The Mere Violation Of A Technical Rule Has Often Been Deemed Sufficient For Legal Action And Recovery


Businesses in California are facing, among other things, 100-400% increases in workers' compensation premiums, increasing employer mandates, and high tax and regulatory burdens. Unfortunately, a certain litigation strategy threatens many companies in an environment ripe for abuse. California's Unfair Competition Law is unique in that it allows anyone to sue businesses for alleged unfair business practices, even if they have not directly incurred the alleged wrongdoing, and even if no one was actually harmed. The mere violation of a technical rule has often been deemed sufficient for legal action and recovery. For example, small nail salons are being targeted for using the same bottle of nail polish on more than one customer and a motorcycle shop was sued for abbreviating the words "on approved credit" (OAC) on a print ad. This shift from traditional tort law requirements, such as proving actual injury, has contributed to an atmosphere that is most appealing to practitioners of the art of shakedown. Some law firms threaten small businesses with suits unless they settle to avoid exorbitant fees and costs and limit risk of an unjust, arbitrary action. Many of the businesses targeted by these unfair competition suits or claims are small, minority owned businesses guilty, at most, of minor, technical, or administrative violations, often unknowingl

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Did You Know?    
 
 
Tort lawyer is needed when civil wrongs are done
Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products). Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions.

 


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Latest news about injury cases in Ohio and nationwide:

Attorney General To Argue His First Case Before State Supreme Court
OLYMPIA - Attorney General Rob McKenna will personally present the state’s arguments next Tuesday in Madison v. State of Washington. It will be his...
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Law Firm Agrees to Pay $1.2 Million for Violating Court Order
Washington, DC, June 25, 2002 — The Securities and Exchange Commission announced today that the Dallas law firm Gardere Wynne Sewell LLP has agreed...
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Law Firm, Ironically, For The Unfair
In February, 2003, the California Attorney General sued a law firm, ironically, for the unfair business practices of targeting thousands of sm...
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Injury Terms

 


Today's Terms

Cerebral edema

Definition:
Accumulation of excessive fluid in the substance of the brain. The brain is especially susceptible to injury from edema, because it is located within a confined space and cannot expand.

Workers Compensation

Definition:
These benefits include payment of all medical expenses and reimbursement for a portion of wages lost due to disability caused by the injury.

Burden of proof

Definition:
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury "by a preponderance of the evidence" that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor.

More Injury Terms >

 

Personal Injury Resources

 


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Personal Injury Hot Topics

 
Topics Related to Personal Injury:

  • Workplace Accidents
  • Head, Back, Spinal Cord Injuries
  • Slip and Fall Injuries
  • Defamation
  • Animal Bites

More Personal Injury Topics >

Ohio Personal-Injury Attorney

 
If you live in the following cities and need an Personal-Injury attorney you should contact our Personal-Injury Personal Injury Attorney as soon as possible:

  • Alliance
  • Ashtabula
  • Barberton
  • Beachwood
  • Bowling Green
  • Brunswick
  • Canton
  • Chillicothe
  • Cincinnati
  • Cleveland
  • Columbus
  • Dayton
  • Delaware
  • Dublin
  • Eastlake
  • Elyria
  • Fairborn
  • Fairfield
  • Findlay
  • Grove City
  • Hamilton
  • Hilliard
  • Kent
  • Lakewood
  • Lancaster
  • Loveland
  • Marion
  • Mason
  • Massillon
  • Medina
  • Mentor
  • Middletown
  • Newark
  • Painesville
  • Reynoldsburg
  • Sandusky
  • Stow
  • Toledo
  • West Chester
  • Westerville
  • Wooster
  • Xenia
  • Youngstown
  • Zanesville
 


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