Archive for November, 2011
November 22, 2011
What a day and what an experience!!!
Coming back to our hometown, the city we grew up in and running through the streets of Philadelphia. What an experience!!! On a gorgeous sunny 50 degree day what could be better than taking a run in the City of Philly?! You may think we are crazy but running a marathon through this City is truly a lifetime experience. So many times during this run we both just broke out into smiles looking at the people, seeing the signs they held up, hearing the cheers and seeing the sights of our hometown.
We will never forget running for miles behind an older war veteran while he held a large American flag as people chanted USA, USA, USA!!!! Typing it and remembering the feeling still gives us chills. We ran with fit athletes, first time marathon runners, the young and old, moms, dads, grandparents…..all so different yet bonded for that time as we pounded the pavement together, silently helping each other push towards the finish line. Awe inspiring and so uplifting. It makes you feel like we can all accomplish our goals by digging down deep and perservering.
We started at the Art Museum (think Rocky Balboa and those famous steps), down Arch to Race to Delaware Avenue over to South Philly (again think Rocky running through the Italian market), to South Street and then up Chestnut Street with throngs of cheering people lining the streets cheering us on. Then we continued up through Drexel University and those darn hills, past the Philly Zoo (more hills) around to the Schuylkill River, past Boathouse Row, and back into the City where thousands of people cheered and offered words of encouragement as we finished our last mile.
Coming across the finish line with arms raised, huge smiles on our faces make all of the hours and miles of training well worth the experience….and one that we will never forget!
Check out this video to learn more about how big insurance companies have their own interests in mind and not their customers.
Watch video now!!!
November 18, 2011
Among the facets of American life that cynics take issue with is the practice suing of a physician. Some believe that the “sleaziness” often associated with those who practice the legal profession manifests itself in the trying of frivolous lawsuits against medical treatment providers. In fact, the word “frivolous” has become almost synonymous with any other adjective describing a personal injury lawyer’s day-to-day modus operandi. This is due to the fact that politicians supporting tort reform have created a media lynching of trial lawyers, blaming them for the rise of health care costs and the scarcity of good doctors who might otherwise practice medicine were it not for “inhibiting costs” of liability insurance.
Such claims are false. In a recent blog, we outlined how Governor Perry’s tort reform initiative in Texas failed to bring down health care costs and failed to increase the health of his constituents. Since he enacted the laws, health care costs have risen and more people have become uninsured. He argues that there are, however, more doctors practicing in the state of Texas than before the bill was passed. Yes, that’s true; but the population of Texas has also seen a spike, and relative to those figures, the amount of new doctors practicing in Texas is quite small — and certainly not an improvement.
Laws such as the ones Governor Perry enacted, and other politicians have proposed, do more harm than they do good. The founding laws of this country were created in the hopes of securing individual liberties and freedom, and said laws provide courts for the people to assert their given rights. So, when somebody is hurt due to the wrongdoing of another, they should be able to take said wrongdoer to court and be compensated for the suffering they endured (emotional, physical, financial, etc). Medical malpractice lawsuits try to right the wrongs that are committed by doctors and hospitals all over this country. As smart and highly trained as doctors are, they make mistakes. And in the hustle and bustle of a big hospital, many technicalities are over-looked and while the neglect may be unintentional or accidental, the results can be fatal.
Let’s take a look at some figures of medical malpractice here in the United States. According to the Journal of American Medical Association:
- 106,000 people die each year because of the negative effects of medication.
- 80,000 people die each year because of complications from infections they incurred in hospitals.
- 20,000 people die each year because of other hospital errors.
- 12,000 people die each year as a result of unnecessary surgery.
- 7,000 people die each year due to medication errors in hospitals.
So, overall, 225,000 people die each year because of the negligent actions of medical providers. That’s a lot of people. Furthermore, many call the trial lawyers greedy; the term “jackpot justice” has been associated with these lawyers in the past, inferring that they just sue doctors left and right to make a quick buck, without regard to the legitimacy of the issue. On the contrary, it looks like the doctors might be the greedy ones.
Take a look at the figures listed at #4 above. 12,000 people die each year as a result of unnecessary surgery. 12,000! Now, why might someone have unnecessary surgery? Could it be that doctors convinced them to have the(incredibly expensive) surgeries? Oh, no! You could never accuse a prestigious doctor of doing something like that, right? Only a lawyer could be greedy like that.
If lawyers are called greedy, doctors should be held to answer for their similar actions – the only difference between the two, in this case, is that 12,000 people die each year as a result of “frivolous” surgeries. I’ve never heard of anyone dying because of a “frivolous” lawsuit.
Before you jump on the bandwagon in opposition to trial lawyers, take a look at the numbers. Hundreds of thousands of people die each year at the hands of negligent medical providers. Trial lawyers try to rectify the wrongdoing of the doctors. When a horrible incident emanates in a hospital, trial lawyers often try to settle the issue in a courtroom by making sure the victims and their families are compensated for their losses. Now, I can’t comprehend what’s so wrong about that.
If you have any questions or comments, please contact the Law Offices of Aronberg and Aronberg at 561-266-9191 or email us at daronberg@aronberglaw.com.
November 17, 2011
It is true as they say, history does repeat itself. It is also true that people rarely learn from their mistakes and there is no such thing as honest easy money.
Earlier today John A. Mattera was arrested in his Fort Lauderdale home and charged with operating an investment scam which allegedly duped people into thinking that they would be purchasing pre-IPO shares in companies such as Facebook and Groupon.
The complaint against Mattera, filed today in U.S. District Court in Manhattan, is an assertion of The Securities and Exchange Commission that Mattera allegedly sold shares of privately-held companies that were expected to go public. Mattera claimed that he owned more than a million shares in each company. These alleged shares were valued at tens of millions of dollars, but according to the SEC’s complaint Mattera never had ownership of these shares and essentially did not have anything to sell.
In accordance with the complaint, consumers were fooled to believe that their investments would be held by the escrow service of John R. Arnold. In reality, over the course of the last fifteen months Mattera transferred funds of over $12.6 million to his own personal accounts, after giving Arnold a cut, he spent the remainder on lavish expenses including cars, private jets, tailored clothing, a boat as well as expensive jewelry among other things.
For the time being all accounts, both personal and professional, belonging to either Mattera or Arnold have been frozen. The Director of the SEC’s New York Regional Office released a statement today saying that “By conjuring up a seemingly prestigious hedge fund and touting the safety of an escrow agent, these men exploited investors’ desire to get an inside track on a wave of hyped future IPOs. Even as investors believed their funds were sitting safely in escrow accounts, Mattera plundered those accounts to bankroll a lifestyle of private jets, luxury cars, and fine art.”
It is extremely unfortunate for those who have invested with Mattera. It is also heartbreaking that such situations continue to occur amongst the American people. In the age of technology, through this ongoing recession the American public should be aiding one another to get through these hard financial times as opposed to stealing from an already battered society. Next month commemorates the three year anniversary of the day that Bernie Madoff was exposed in successfully pulling off what is known as the greatest Ponzi scheme yet. It is debated as to whether Madoff’s fraudulent activities began in the 1970s, although Madoff claims that they only began in the 1990s. Regardless, the situation had been escalating for at least twenty years, where as Mattera had only begun about fifteen months ago.
A Ponzi scheme is where an investor fabricates gains to attract new investors. One uses the new investments to give return to the original investors and so continues the cycle until they are either caught by the authorities or are unable to bring in new investors. Unfortunately this behavior is not unique nor is it original, fraudulent activity such as these occur more often than they should and trusting people are often taken advantage of. The term is originally named after Charles Ponzi who became notorious for this kind of behavior in the 1920s.
As America trudges through this age of recession and unemployment, humanity calls for respect and kindness to our neighbors in getting America through these tough times. If only it were a natural occurrence that mankind pursue this form of selflessness, but until that day one should always thoroughly investigate an investment before offering up their money. If it seems too good to be true, it probably is.
For questions or to obtain legal advice, please contact the Law Offices of Aronberg and Aronberg at 561-266-9191 or email us at daronberg@aronberglaw.com.
November 14, 2011
We all remember the game “Seven Minutes in Heaven” from when we were children. Well, now we’ve got “Seven Hours in Hell.” More than one hundred people recently found out what that was like.
Last month, because of an unexpected snowstorm, many planes headed for Newark, New Jerseywere diverted to Hartford, Connecticut due to the dangerous conditions on the ground in New Jersey. Among those planes was one whose flight originated in Fort Lauderdale, and the passengers on board that plane experienced something that has since made headlines around the world, sparking debates about corporate responsibility and legal liability. The plane in question, part of Jet Blue’s fleet, spent more than SEVEN HOURS on the tarmac in Hartford, Connecticut. Okay, maybe the word “hell” is a bit extreme when referring to the cabin of a major airliner.
But if “hell” is extreme, “uncomfortable” is undoubtedly an understatement. Imagine being stuck in a hot plane for seven hours without access to running water or food (remember, they stopped offering that on planes!) On top of that, the toilets stopped working. Seven hours in a plane, on the ground, with an airport in sight, without food, water or toilet can really start getting to you. Many of the passengers on board the flight felt as though they were being held prisoner. The pilots on board the flight repeatedly asked for assistance from the airline and the airport officials, but to no avail.
Someone will be held accountable for this, but the money won’t be going to those who were, for all intents and purposes, held hostage by the finicky weather of the northeast. No, the money will be going to the Department of Transportation which enacted a new policy last year mandating that if a plane is stuck on a tarmac for more than three hours at a given time, the airline will be fined $27,500 for each passenger on-board said flight. Given that figure, Jet Blue is facing a possible fines totaling upwards of $3,000,000.
Jet Blue has since refunded the cost of the tickets to the passengers who were on the flight in question. But can the passengers, who were deprived of basic necessities, sue the airline for something like pain and suffering? No, they can’t. The fine print on the back of every plane ticket is similar to that printed on the back of every sporting event ticket. And the back of every credit card contract. The fine print, translated into clear English, essentially prevents passengers from filing a lawsuit. Once the ticket is purchased and you board the plane, you enter into the duty and care of the airline.
Furthermore, it is for just this reason that Jet Blue may have made the decision to keep passengers on the airplane rather than bring a ladder to the side of the plane and evacuate the men, women and children trapped inside. If the passengers were stuck in the plane, at least Jet Blue knew that they were safe. But if Jet Blue brought over a ladder, and in a rush to escape the plane one of the passengers slipped, Jet Blue could have been held responsible for any injuries incurred from that fall.
The new Department of Transportation policy which can lead to these types of fines only came about following another Jet Blue mishap in New York when passengers were left on a tarmac. As Elton John once remarked, “I guess that’s why they call it the blues.”
If you have any questions or comments, please contact the Law Offices of Aronberg & Aronberg at 561-266-9191 or email us at daronberg@aronberglaw.com.
November 10, 2011
Allegations and evidence of sexual harassment and statutory rape have rocked this week’s headlines. Familiar faces, like those of Jerry Sandusky and Herman Cain, have seen a spike in media attention, and not just for their on-field success and political candor.
Mr. Sandusky (if he deserves that title of respect) has been indicted on 40 counts of misconduct relating to the sexual abuse of minor males whom he gained exposure to through his Penn State-run program “The Second Mile,” the motto of which is “providing children with help and hope.” Nowhere in that tagline, by the way, does it say anything about providing children with inappropriate, sexual contact with an older, deviant individual. Mr. Sandusky allegedly engaged in various sexually exploitive acts with eight boys as young as eight years old, including but not limited to sexual intercourse. In an effort to increase the longevity of his sexual relations with the boys, Mr. Sandusky gave the children gifts ranging from sports memorabilia to drug paraphernalia. He even offered one of them a spot on the Penn State football team, as if it were even within his capacity to approve such a thing.
Now, Mr. Sandusky is facing criminal charges for his misconduct. But surely he will also be facing civil suits in an effort to compensate his victims who undoubtedly have experienced severe mental and physical anguish as a result of his inexplicably repulsive actions. Those boys endured horrors, the likes of which they will live with for the rest of their lives. “Pain and suffering,” typical words in the civil law world, can only begin to describe the terrors which inhabit the minds of Mr. Sandusky’s prey.
Then there’s Mr. Cain (we’ll treat him with a bit more respect given the more quaint nature of the allegations against him … and the fact that he may be our next president). He is facing accusations of sexual harassment (and now groping) from four women, stemming from his days as the chairman of the NRA (the National Restaurant Association, not to be confused with the National Rifle Association—though I’m sure the confusion only increases his popularity with the GOP base). Apparently, during Mr. Cain’s reign at the NRA, these allegations arose, but the women and the administration reached a financial settlement which ensured that the women would drop their accusations. Mr. Cain thought that the issues were put to rest, but now it seems as though the women are coming back to “bite him,” so to speak, for one reason or another.
As for the allegations against Mr. Cain, notwithstanding the fact that the statute of limitations has passed, if litigation was expected, the charges would arise in a civil court rather than a criminal court (though it’s highly probably that the only court in which they’ll be discussed is the court of public opinion). By definition, sexual harassment relates to employment discrimination based on an employee feeling sexually uncomfortable in a workplace environment. And given that Cain’s accusers were employees of the NRA, the name for the claim is appropriate.
The media swarm relating to sexual misconduct this week only highlights the lack of attention given to sexual misconduct in general. Contrary to what Mr. Sandusky and Mr. Cain might believe, sexual harassment is not all fun and games. It can lead to very serious psychological problems which can be just as damaging as the physical injuries incurred from automobile accidents (if not more so).
For questions or comments, please contact the Law Offices of Aronberg and Aronberg at 561-266-9191 or email us at daronberg@aronberglaw.com.
November 4, 2011
As humans, and Americans in particular, we have come a long way in protecting ourselves from self-inflicted harm. The process of human development has been characterized by trial (no pun intended) and error means by which to achieve a goal. We’ve engaged in all sorts of risky behavior until it came to light that what we were doing wasn’t really good for us. Then, slowly but surely, we eliminated the sanction of such behavior, thereby either eradicating it or demonizing it, either way preventing it from unleashing its maximum potential for damage on society.
For a long time, people didn’t think to purify the water we drink or regulate the livestock we consume. Then, after a while, people caught on to the fact that contaminated drinking water and diseased meats were causing illnesses. Now, there are agencies put in place to ensure that the water and beef we consume (among much else) is regulated to ensure safe consumption.
Tobacco was smoked, sniffed and chewed for centuries before its detrimental health effects became apparent. Once a link was drawn between its ingestion and the development of all types of deadly diseases, it became (somewhat) regulated. It’s still a mass-consumed product, but it has been reigned in significantly. Because of the health concerns associated with it, tobacco litigation has characterized much of recent legal history both in terms of volume and importance.
Dirt in the water and disease in cows can’t really be blamed on anyone in particular – it falls under the umbrella of an “Act of God,” along with hurricanes, floods, etc. – things that humans can’t create and therefore can’t be held responsible for. The tobacco plant alone is not created by humans, but the nicotine compounded into cigarettes is what makes the tobacco companies partly liable for the deaths their products cause.
So, naturally occurring diseases in livestock and natural water contamination are parts of life. But tobacco (and nicotine and tar) ingestion is different. And based on recent studies, candy might be different, too. Researchers now say that processed foods that contain large amounts of fat and sugar – and minimal nutrients – might be altering the brain in a way that seems a lot like addiction. Professor of Psychology and Public Health at Yale, Kelly Brownell, suggests that the findings may mean that food companies could be facing lawsuits similar to those filed against the tobacco companies; and for the same reasons. She points out that people knew about the deadly effects of tobacco for a while, but once they discovered the calculated manipulation of the product – to keep consumers addicted – people started going after the tobacco companies.
There have been some gravely disturbing studies conducted which give a whole new meaning to the term “sugar high.” In one study, obese women were given MRI scans while they sipped milkshakes. Then they were given the same scans half a year later. Those women who had gained weight showed less activity in the “reward” center of the brain. This showed that the sugar had desensitized the reward centers in the brain, meaning that the women had to drink MORE milkshakes to get the same “pleasure.” This is a by-the-books example of increasing tolerance for a drug. Cocaine users report that months after they start using the drug, they no longer feel the same effect from the initial amount and need to increase their usage to enjoy the drug in the same way that they did when they started.
Another study involved giving rats sugar water every day. As the study went on, the rats drank more and more of the sugar water and less and less of their usual diet. When the rats were given a drug to block the effects of sugar, the rats exhibited severe withdrawal symptoms including tremors and shakes. When sugary foods, such as bacon and pound cake, were put into the rat cages, the animals would begin to binge eat and ignore their usual, nutritious diet.
The studies support what parents everywhere have known for generations.
These medically-advised conclusions don’t mean that candy will be pulled from the shelves of your grocery store. But then again, cigarettes haven’t been either. Nevertheless, it’s safe to assume that more attention will be given to the issue and future regulations may be enacted. High-sugar candies do, in fact, have harmful effects on the human body and have neurological effects similar to those activated by nicotine. Now those chocolate-flavored cigarettes don’t seem so peculiar.
For questions or comments, please contact the Law Offices of Aronberg and Aronberg at 561-266-9191 or email us at daronberg@aronberglaw.com
November 2, 2011
When something mischievous is easy, people say it’s “like stealing candy from a baby.” In South Florida, it may be more appropriate to say it’s “like stealing money from a senior citizen.”
Financial scams targeting the elderly in Florida is on the rise – and the economic slump in which we find ourselves is a breeding ground for such fraudulence. There are over 3 million senior citizens in Florida, and over 600,000 of them have been the victims of monetary swindling. 600,000. That’s about the population of Vermont! Imagine if an entire state were to be the victim of a malicious financial scheme. That would make headlines, not just law blogs.
These types of scams come in all flavors. They can come in the form of crooked financial “advising,” they can be the product of telemarketers pushing dubious products or investments, and they can come in the form of ill-natured “mistakes” on bills. Old folks can be frail and many live alone without any source of support or advice. It would seem that a life of real-world experience would lead to a cynical and doubt-filled twilight, but truth be told, many of these seniors leap (okay, stand slowly) at the opportunity to be engaged in “business” with some savvy, smooth-talking youngster. Seniors especially fall for the countless television ads which offer products you don’t need at a price you can’t afford – BUT they say you can make the payments over time, and that’s where the seniors get trapped.
Bernie Madoff is the poster-child for financial scams this decade, but much worse happens that isn’t reported on 60 Minutes. One man in South Florida was charged $120,000 by an appliance company for the replacement of an air conditioning unit. Unfortunately, while this story is certainly gut-wrenching, it isn’t an anomaly.
Seniors are predated because of their brittle demeanor but also because of what they’ve got in the bank. While not all seniors are wealthy, according to the Investor Protection Trust, they do hold 70% of the wealth in the U.S. It’s surprising that the protesters haven’t initiated an “Occupy Retirement Homes” campaign.
So, what can be done to stop the reprehensible financial abuse of seniors that can only be characterized as evil? Well, something can’t be rectified if nobody knows about it. And that is often times the problem: most seniors don’t know they’re being duped. People have to be more vigilant; and that direction isn’t aimed at seniors, it’s aimed at those who have the duty to respect and protect those who raised us.
Help is on the way. On November 10th, a group of family counselors, doctors, and 150 financial planners will be standing by to take questions and offer advice. The offer stands from 9 a.m. – 6 p.m. For general finance questions, people can call 888-227-1776, for questions about financial abuse, people can call 888-303-3279, and for questions about impairments that may affect financial decisions, people can call 888-303-0430.
Take advantage of the free advice offered by knowledgeable professionals before scam artists take advantage of the elderly.
If you have further questions and feel that you have been the victim of such a heinous crime, or you know someone who has, please contact the Law Offices of Aronberg and Aronberg at 561-266-9191 or email us at daronberg@aronberglaw.com.
