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Recently, President Obama demanded a $20 million fund be set up to provide oil spill relief. BP met this demand and the fund will be administered by Kenneth Feinberg who oversaw the fund for the victims of the September 11, 2001 terrorist attacks. While this amount is not a small drop in the bucket, the $20 million may not cover the costs associated with the oil spill clean up or the suffering of families who maintained their livelihood because of the appeal of the Gulf Waters. For this reason, the $20 million is not a capped amount.

Kevin Costner has also stepped up to the plate with 2.5 ton centrifugal technology that he purchased from the Department of Energy and improved upon over the course of fifteen years. This technology was designed as a “first response” mechanism for separating oil from water. The technology is currently being improved upon to meet Gulf oil spill needs since the oil has been in the water for quite some time which makes it hardened in a much thicker form of consistency. Kevin Costner spent $25 million on this technology and $1 million has been spent on improvements and testing. BP has submitted a letter of intent to purchase 32 machines at a cost of approximately $500,000 each. Kevin Costner plans to donate 80% of his proceeds to those suffering in the marshlands and fisheries.

There have been 110 million gallons or more of oil that has filled the Gulf and surrounding waters  since the April 20, 2010 oil rig explosion. Despite BP’s efforts to remedy the situation using an apparatus to block the oil from seeping and burning the oil on the waters, the situation is far from resolved. In the meantime, Kevin Costner’s centrifugal technology is being reviewed by regulatory authorities before it can be used in the Gulf waters.

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Baseball spectators beware!  If you are hit by a foul ball at a baseball game, whether you were attempting to catch it or simply distracted by a conversation with another fan, it is unlikely that anyone will be held liable for your injury or responsible for your medical bills and damages.  For more than 50 years, courts have consistently held that being hit with a foul ball while in the stands is an inherent risk of attending a baseball game such that the stadium owner, stadium operator, or even the batter will not be legally responsible if you are hit due to such an inherent risk.

Although the game of baseball arguably has remained pretty much the same during its existence, the fan experience is evolving at a rapid pace.  Teams throughout the country are attempting to market the experience not just as a game, but also rather as a family-friendly EVENT.  With this marketing plan comes an increase things such as mascot presence, promotional activities such as t-shirt tosses, and picnic areas for before and during a game to name a few.  Many of these “family-friendly” activities cause spectators to become distracted and take attention away from the action on the field.  Some of these family activities may take place even before the game has started or outside the stands.

In theory, a court should be more likely to find an owner/operator liable for an injury due to a foul ball or homerun when the injury happens outside the stands or while the fan is distracted by a family-friendly activity.  However, courts  are inconsistent when it comes to unique situations such as these.  Therefore, it is best as a spectator to be aware that baseballs can ALWAYS leave the playing field even when you least expect it.  Even a shattered baseball bat can leave the field of play and cause a devastating injury.

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In 2007, Horizon Blue Cross Blue Shield of New Jersey was involved in a class action lawsuit filed by a group of nine medical specialists; including podiatrists and ophthalmologists. The medical specialists claimed that Blue Cross Blue Shield class action lawsuit stemmed against Horizon Blue Cross Blue Shield because of denied insurance claims that were considered “medically necessary” treatment for patients.  The medical specialists also contended that following an appeal process, which required a significant administrative expense, the insurance company very slowly paid the doctors for the patients’ services.

This lawsuit, known as Sutter v. Horizon Blue Cross Blue Shield of New Jersey, Esx-L-385-02, resulted in Horizon agreeing to settle the case. The provisions in the settlement, included:

  • Financial compensation of approximately $1750.00 per physician over a five year period.
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 In our very mobile society, relocation of a custodial parent after a divorce or paternity is quite common.  Indiana family law lawyers have found many reasons  for custodial parent moves.

This is especially true in these very difficult economic times when a move from where a custodial parent lives may be necessary in order to obtain employment.  If the move is a substantial distance from the original location, there is no doubt that such a change in location may cause a great amount of grief and heartbreak for the non-custodial parent.  Sometimes a move is made for other economic and/or quality of life reasons such as a move to an area where there is a lot of family.  Unfortunately, sometimes, the reason for relocation after a very acrimonious and hard fought divorce or custody battle may be for the purpose of taking a child away from the non-custodial parent, and not for a legally acceptable reason.

Indiana Relocation Custodial and Non-Custodial Parent Rights

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Child restraint systems sold by Dorel, Eddie Bauer and Costco have been part of recalls for failure of the system to meet safety regulations. There are numerous types and models that are a part of the recall so it’s best to go to the manufacturer’s website and locate your model to find out if the system is a part of a recall.   In the meantime, here are some tips.

Purchase Child Restraint Seats That Have Been on the Market for Five Years!

In numerous cases, product defect that cause safety hazards are not identified until the product is sued by mainstream society. So, waiting until the product has completely saturated the market will allow for unknown defects to be discovered and repaired before you purchase your product. Make certain that the plastic on the product has not expired which may elevate the risk for injury.

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Loogootee Nursing Home located in Loogootee, IN recently faced the Indiana Court of Appeals following a lawsuit from a resident who was injured.

The resident was sitting on the porch of the nursing home when Carroll Ledgerwood, a brass player who was planning to appear at the nursing home, accidentally slipped his foot off the brake and drove onto the porch, hitting the resident. The resident suffered serious injuries, including: the inability to walk, dress himself or perform other daily living activities for several months. This would cause a person in this condition to bear significant costs to pay for assistants to help perform daily living activities. Caregivers can cost anywhere from $10.00 per hour to $25.00 per hour, depending upon the severity of the disability. The resident sued both Loogootee Nursing Home and the Carroll Ledgerwood.

Last year, Judge Pfleging heard several court hearings and motions to determine that Ledgerwood could be considered a “gratuitous servant” as defined by a 1983 Indiana Court of Appeals decision regarding the employment-servant relationship. However, the judge found that the driver wasn’t acting as a servant when driving which would mean that there is no validity in the lawsuit against the Indiana nursing home. The trial judge also determined that the Loogootee Nursing Home was not obligated to perform a duty since the accident was an unforeseeable event.

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Ten tire companies have been subject to a recall for numerous types of tires that they sell. The primary reason for the recall across all companies was that the tire failed to comply with federal safety requirements. Defective tires pose a serious risk of a car accident which may result in injury for the driver, passengers and other people affected by the crash.

Tires Recall Models

Since there are several tire models that are affected by the recall, it is important to check the manufacturer’s website to see if your tires are a part of the recall. It is important to note that recalls do not necessarily occur when the product first appears on the market. Recalls may take place in any time period after the product has reached the market.  Certain tires supplied by the following companies are a part of the June 2010 recall.

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If you have a Shrek Forever After 3D” Collectable Drinking Glass from McDonald’s that you have purchased, stop using the cup immediately because it has recently been linked to a cadmium risk.   The cup was manufactured by ARC International, of Millville, NJ and distributed by McDonald’s. There were 12 million cups made.

There have not been any injuries reported to date. However, the designs on the glass contain cadmium and long term cadmium exposure is associated with health risks. Medicla condtinos that have been linked to cadmium poisoning include: skin death, renal disease and an increased risk of osteoporosis.

The recalled cup is a 16 ounce glass that comes in four different designs including: Shrek, Fiona, Puss n’ Boots, and Donkey. The cups were available in McDonald’s restaurants nationwide from May of 2010 to June 2010 for a purchase price of roughly $2.00.

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Over 335,000 vehicles have been a topic of discussion as subjects in the latest vehicle recall. This reinforces the idea that no vehicle is immune to the possibility of a recall. Though, the risk of a recall is less after the vehicle has been on the market for five years or more. This is because the masses have used the vehicles for a long time period, providing ample time for risks not discovered during the design or production process to be discovered and repaired.  The most recent risks are:

The Dodge Caliber and Jeep Compass have been known to create a risk for a sticky pedal that may result in an accident, injury or death. The 2008 and 2009 Dodge Grand Caravans and Chrysler Town & Country Minivans are also part of the recall. These vehicles are associated with risk of fire due to an improperly routed wiring harness which may short circuit. There is another defect in the affected Crystal vehicles. In some vehicles, the front inner fender liner may inadvertently rub against the brake lines, resulting in the risk of a brake line leak, break failure and a crash.

Injury Reports

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If you are or were a Countrywide mortgage holder, you may be at risk of identity theft following a breach in computer security at the firm. The risk has been identified for hundreds of homeowners s who may or may not have received a notice from Countrywide if they have moved. The court has appointed Ben Barnow, Barnow and Associates, P.C., of Chicago, Illinois, and Burton H. Finkelstein, Finkelstein Thompson LLP, of Washington, D.C., as “Co-Lead Settlement Class Counsel”to oversee this class action lawsuit. However, lawyers from across the U.S. may able to represent your interests if you have been a victim of identity theft.

Countrywide has reserved millions to settle cases that they project will be brought against the company for this security breach. Under the current settlement agreement, mortgage holders who had their information stolen by an outside party are entitled to receive the following compensation, but costs may be significantly higher if you are a victim of identity theft. Remember, it is unknown if or when the thieves will attempt to use the mortgage holders’ personal information.  For this reason, it may be wise to contact an attorney to see if you may be entitled to other compensation because once you accept the proposed settlement, you will not be able to file any other lawsuit against Countrywide for this security breach.

The Proposed Settlement Benefits

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