Friday, 21 May 2010 22:41

Stock and Securities Fraud

Written by Law Offices Of Gary Green

Stockbroker fraud or negligence can include misrepresenting stocks or risks, recommending unsuitable stocks, charging excessive transaction fees, or failing to diversify an investor’s portfolio. It is a stockbroker’s responsibility to consider their client’s best interest in all investment transactions.

Most investors have little time to properly research the myriad of entities whose securities trade each day. As such, the majority of investors leave that task to stockbrokers and financial planners. Unfortunately, some of those investors end up wishing they had done their homework themselves.

The overwhelming majority of investment professionals are honest, hard working individuals. Nevertheless, each day stockbrokers are accused of cheating their clients. The increase in security-related lawsuits over the last two decades is startling.

It seems that almost daily we hear national news stories about investors losing substantial amounts of money in their investment portfolios. Unfortunately, many of the losses are attributable to securities fraud.

Often, victims of investment fraud have lost a significant portion of their life savings and we understand it may be impossible to recover. As a result, victims of stockbroker and investment fraud deserve strong and effective representation.

If you have lost more than $200,000 out of pocket in your broker managed investment account, and suspect fraud or mismanagement, it may be important to contact an attorney who can help you protect your legal rights. Please contact Law Offices of Gary Green toll free and without obligation to discuss your legal options regarding stock and securities fraud at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com. Please keep in mind that there may be time limits within which you must commence suit.

Friday, 21 May 2010 22:41

Business and Commercial Litigation

Written by Law Offices Of Gary Green

Business litigation deals with the legal problems arising from commercial and business relationships including litigation of controversies arising from those relationships. Business and commercial litigation law includes evaluating, handling, and resolving such controversies before state courts, federal courts, administrative agencies, mediators, and arbitrators.

We offer percentage and hybrid fees to help finance the cost of business litigation. To submit or discuss a particular situation please contact Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:41

Prescriptive Easements

Written by Law Offices Of Gary Green

If you are the owner of land locked property, need an access easement and negotiations have failed, contact us for litigation services.

Generally, one cannot be denied reasonable access. Reasonable access usually includes a roadway and utility access. We’ve got experience!

If you have questions about easements or need additional information, call Law Offices of Gary Green today toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Law Offices of Gary Green is located in Little Rock and serves clients throughout Arkansas and across the country.

Incorporation and a limited liability company are both ways to attempt to avoid personal liability by creating a separate legal entity that is recognized as a person under the law. A limited liability company (LLC) is a legal form of business offering limited liability to its owners. It is similar to a corporation and is often a more flexible form of ownership, especially suitable for smaller companies with a limited number of owners.

If you choose to limit liability in this way, it is important to remember that the mere fact of incorporating the business or forming the limited liability company is not enough. You must hold out for the world to see that they are dealing with a separate entity and cannot reasonably expect personal liability from the owners of the business. In this regard, the name of the business should always show the limited designation when the name is displayed, e.g., on signage, stationery, business cards, etc. In addition, when signing for the company the signer should always have a title following the signature, e.g. John Doe, President. In case the corporate or limited veil is pierced, liability insurance is always recommended to a business owner.

The main difference we find between corporations and limited liability companies is the record keeping requirements. A corporation can have its corporate veil pierced for not keeping corporate records, while a limited liability company is not expected to keep much in the way of records beyond its annual franchise tax requirement and income tax reporting requirements.

Corporate records should be kept of all major transactions and updated at least annually. These record keeping requirements are statutory and are not as stringently found in the later-year statutes, which allow the creation of LLCs. LLCs pass all income directly to the members, with no lower taxation applicable to the LLC entity.

While limiting liability is probably the most important reason for forming a small company, tax treatment is also a consideration. Companies are usually taxed at a lower rate than a high-income individual is and corporations sometimes can elect a fiscal year end other than the calendar year while LLCs cannot elect a year end other than the end of the calendar year.

Without giving tax or securities advice, our fee for incorporating a small business or forming a limited liability company in any state in which we have an office is $500.00 plus costs. Costs include filing fees at the Secretary of State’s office, initial franchise taxes, and the cost of a corporate record book. Costs vary from state to state but usually do not exceed $200.00.

Contact the attorney manager of Law Offices of Gary Green in the state in which you reside for this service or for any questions or additional information contact us toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:41

Toxic Torts

Written by Law Offices Of Gary Green

Toxic tort cases are complex litigation cases that seek recourse for a person injured by hazardous materials and chemicals. In the United States, toxic materials are found in the air, water, food, work place, and even at home. Harmful substances include lead paint, pharmaceutical drugs, toxic mold, pesticides, chemicals and asbestos.

Many people come in contact with toxic materials by occupational exposure or pharmaceutical drugs. Because of the abundance of toxic materials in our country, there is a serious risk of exposure that can lead to  injury, disease, and death. Victims of a personal injury caused by exposure to a toxic substance may seek recourse for serious injuries.

Additionally, these cases often result in a class action law suit, because toxic exposure usually affects more than one person.

If you or a loved one has had an injury or illness due to a toxic substance, we may be able to help. If you have any questions or need additional information, call us toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:40

Compartment Syndrome

Written by Law Offices Of Gary Green

Acute Compartment Syndrome is an acute medical problem following injury, surgery or in most cases repetitive and extensive muscle use in which increased pressure (usually caused by inflammation) within a confined space and without proper treatment, may lead to nerve damage and muscle death. This condition is most commonly seen in the leg. It is a medical emergency that requires immediate surgery known as a fasciotomy to allow the pressure to return to normal.

The connective tissue that defines the compartment does not stretch. A small amount of bleeding into the compartment, or swelling of the muscles within the compartment can cause the pressure to rise greatly.

Common Causes of Compartment Syndrome include:

  • Tibial or forearm fractures
  • Hemorrhage (bleeding)
  • IV Drug injection
  • Prolonged limb compression, crush injuries and burns
  • Casts

Signs and Symptoms: (Known as the 6 “P”s)

  • Pain out of proportion to what is expected
  • Paraesthesias (altered sensation)
  • Passive Stretch pain
  • Pulseless
  • Paralysis
  • Pressure on passive extension of the compartment

Pain is often reported early and almost universally. The patient usually reports deep, constant, and poorly localized pain that is usually out of proportion with the injury. Pain is aggravated by stretching the muscle group and is not relieved by medication up to and including Morphine.

Parestheisa is altered sensation e.g. “Sticks & Needles”.

Paralysis & Passive Stretch of the limb is usually a late finding. The affected compartment may feel very tense and firm as well as pressure.

Failure to relieve the pressure can result in necrosis (death) of tissue in that compartment and hypoxia (lack of oxygen) of those tissues. If left untreated, Acute Compartment Syndrome can lead to more severe conditions and loss of the affected limb.

If you you or a loved one is suffering from Compartment Syndrome, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 to discuss your legal options or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:32

Birth Injury

Written by Law Offices Of Gary Green

Birth injury lawsuits can be brought against healthcare facilities, doctors, surgeons and medical staff with allegations that can include negligence, wrongful diagnoses or failure to diagnose physical defects in unborn children, and for causing injuries or disabilities in newborn children including cerebral palsy.

If you suspect that your child is the victim of a birth related injury, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:30

Medical Negligence

Written by Law Offices Of Gary Green

Medical negligence cases are complex and challenging. Their difficulty is increased by the fact that most medical professionals refuse to testify against a colleague. So, the cost and risks associated with these cases are high.

The time limit imposed by law for filing a case is called the law’s statute of limitation. Medical cases statues of limitations are usually shorter than most others. For example, the statute of limitation for a tort case in Arkansas is 3 years, while the statute of limitation for a medical negligence case is 2 years. The statute of limitation for a medical negligence case in Missouri and Oklahoma is 2 years but only 1 year in Tennessee. However, there are varying exceptions for minors for all statues of limitations.

Dystocia

A shoulder dystocia occurs when, after delivery of the fetal head, the baby’s shoulder gets stuck behind the mother’s pubic bone. It has the potential for causing significant, lifelong injury to the baby.

Possible Complications of Dystocia:

Brachial plexus (BRAY-key-el PLEK-sis) injury is the classic injury. If this network of nerves under the neck is damaged, weakness and partial or total paralysis of the affected arm may occur.

Fetal asphyxia (lack of oxygen) is the most feared complication of dystocia. Cerebral palsy and fetal death are rare, but not unknown. During a dystocia delivery, the baby’s head emerges from the mother, and the umbilical cord becomes tightly compressed between its body and the mother’s birth canal. This decreases or totally cuts off blood flow to the infant. If the pressure on the cord is not rapidly relieved, decreased delivery of oxygen to the baby will occur.

The mother, too, is at some risk when shoulder dystocia occurs. The most common complications she may suffer are excessive blood loss and vaginal lacerations. Uterine rupture has also been reported.

Most Common Risk Factors for Dystocia

• Birthweight greater than 8.8 lbs

• Maternal diabetes

• Previous dystocia

• Being past-due

There are two main signs that a shoulder dystocia is present:

• The body does not emerge with standard moderate traction and maternal pushing after delivery of the baby’s head.

• The “turtle sign”: baby’s head suddenly retracts back after it emerges, resembling a turtle pulling its head back into its shell.

Shoulder dystocia cannot be predicted with any degree of accuracy; it cannot be prevented. So, how can your obstetrician treat dystocia when it occurs?

The general consensus is that the best results in resolving shoulder dystocias are obtained when an obstetrician:

(1) Recognizes the shoulder dystocia

(2) Calls for help

(3) Knows the different maneuvers involved in attempting to resolve shoulder dystocia

(4) Implements them in a carefully controlled, calm, and organized fashion.

Because shoulder dystocia is a true obstetrical emergency, its occurrence requires a rapid and well-coordinated plan. In the presence of one or more risk factors, a pre-partum discussion of the risks and benefits of cesarean section should be discussed due the unpredictable nature of the occurrence of a dystocia.

Helpful links:

If you suspect that you or a loved one is the victim of medical negligence or medical malpractice, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:18

School Bus Wrecks

Written by Law Offices Of Gary Green

Every day parents put their kids on school buses assuming they are safe and in good mechanical condition. On any given day, approximately 47 million elementary and secondary school children board a yellow school bus, yet remarkably few of these buses have seat belts, and an alarming percentage have either not been properly inspected or failed inspection altogether.

While responsible parents would never put their children in an automobile with bad brakes or allow them to ride in an automobile without the use of a seatbelt, the ubiquitous yellow school bus is a vehicular dinosaur.

Though most states have proposed legislation mandating seat belts on school buses, only a handful actually have them. Even fewer mandate their usage. Studies show that students riding on belt-equipped buses roam the aisles less frequently and are more likely to remain seated. Additionally, bus drivers report being less distracted because they have to spend less time handling student misbehavior and can concentrate more on driving safely.

Seat belt opponents argue that school buses already are the safest form of transportation on the road and that equipping buses with seat belts would reduce overall capacity. Private contractors, as well as many school officials who operate a third of the nation’s school buses, have fought the installation of lap belts on school buses for more than 30 years. For the most part, federal and state governments have gone along with them.

Parents should also be reassured that when they put their children on a school bus each day that the vehicle is safe and has passed a recent inspection. Yet surprise inspections throughout the country have shown that nearly 80 percent of these buses fail inspection—over half of which fail for mechanical reasons.

In a recent survey of school bus mechanics, the braking systems were the most common concern expressed. While the effect of wear and tear may seem obvious, many brake problems are concealed. The brakes may appear to be functional when actually little force is being applied to the brake drums. Ideally, all wheels should be doing an equal amount of work, applying and releasing at the same time. Something as simple as maintaining air pressure in the braking system, can prevent a catastrophic failure. Misalignment or brakes that are out of balance are unseen problems, but certainly can be felt by the driver. It is not enough to repair a problem once a defect is found because of the inspection process; inspection programs must be thorough and preventative in nature, and drivers need to know how to recognize a problem before it becomes an incident. In the event of a serious injury, defective brake issues should be thoroughly explored by experts who have full access to the brakes before changes are made.

School buses should be designed to ensure the safety of the millions of children they transport annually and maintenance and proper inspection of these buses should be the rule and not the exception. Any school bus wreck that transpires is not an accident if the problems that cause them are well known. The National Coalition for School Bus Safety found that some operators are making money by running unsafe buses by waiting for state inspectors to identify defects rather than doing preventative maintenance because it would mean removing the bus off the road for a period of time.

Parents have a right to expect that buses are designed and maintained to minimize student injuries. If a member of your family or someone you know has been injured as a result of a collision involving a school bus, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:15

Truck Accidents

Written by Law Offices Of Gary Green

Representing victims of truck accidents and tractor-trailer wrecks presents a challenge and complexity not experienced in other types of wrecks. The attorneys of Law Offices of Gary Green have risen to that challenge many times. The resulting catastrophic injuries alone make trucking accidents and tractor-trailer wrecks distinct from all others, but the resulting compensatory offers make these wrecks dangerous to the unwary even after the wreck. Our experienced lawyers know what you can expect to face and can help you find justice—no matter how evasive it may seem.

A trucking accident and tractor-trailer wreck that involves a motor carrier regulated by the U.S. Department of Transportation (DOT) has built-in protection for an injured consumer. The problem is that the carriers will not disclose that they have excess insurance policies beyond the primary policy without your filing a suit:

  • They will not tell you that the driver of the DOT-regulated vehicle is their statutory employee, regardless of the fact that the driver might be an owner-operator and might have a contract with the regulated company, which refers to the driver as an owner-operator.
  • They will not tell you they are responsible for the actions of that driver as long as the driver acted within the scope of that statutory employment.
  • They will not tell you they have valued your claim at 5 times or 10 times the set amount when they are really only offering you the base amount for a full release of your right to sue.

Before sorting out all the experts for proving the catastrophic injuries, experts should be consulted regarding liability. It is not an accident when the risks for tractor-trailer wrecks are well established and can be avoided. A reconstruction expert should be called while evidence is still fresh. Reliance on old evidence can disqualify an otherwise good expert and keep the video reconstruction that helps the jury follow your theory of liability out of evidence. Satellite GPS records and electronic control modules must be identified and read before they are destroyed – usually within 90 days as a standard operating procedure for most companies.

Almost every 18-wheeler case should plead negligent supervision, negligent hiring, and negligent retention, as these facts usually are usually borne out through discovery all the way up to trial. The driver’s logs, driver qualification file, and driving record should be reviewed. Then depositions should be taken of the trucking company’s safety director, corporate representative,

relevant dispatcher, and others having knowledge of the wreck.

The condition of the tractor-trailer and its brakes should be considered. Trucks are often poorly maintained and driven by truckers with serious safety deficiencies. An alarming number of these drivers are fatigued, under the influence of drugs, or medically disqualified to drive a truck.

We have handled claims against

  • Watkins & Shepard Trucking, Inc.
  • Cal-Ark International, Inc.
  • USA Motor Express
  • J&P Trucking
  • Autobahn Freightliners LTD
  • National Bus Carriers LTD
  • Weston Transport
  • Woody Bogler Trucking
  • USA Truck, Inc.
  • Landstar Ranger, Inc.
  • Graham Trucking, Inc.
  • Stuart Small Trucking
  • Star Transportation, Inc.
  • A&J Transportation
  • West Florida Transport
  • Clarksville Refrigerated
  • D&H Trucking
  • Werner Enterprises
  • All American Bottling Corporation, LLC
  • Callaway Transfer and Storage
  • PSM, Inc.
  • Gail Stuart Trucking, Inc.
  • Willis Shaw Express, Inc.
  • Paccar, Inc.
  • Central Hauling Company
  • J.L. Trucking
  • Jacobson Transport Company, Inc.
  • Strimbu Transport, Inc.
  • Lance Trucking, LLC
  • Roadway Express
  • Schneider National, Inc.
  • JNJ Express

There is a lot of work to be done, and it takes a lot of money and people to do it. Law Offices of Gary Green has been there before. If you have questions or need additional information, call Law Offices of Gary Green toll free and without obligation, 1-888-442-7947; or send us an e-mail at ggreen@gGreen.com.