November 23, 2016 The defendant in a record-setting civil lawsuit has argued that the verdict was a miscarriage of justice, which could mean that the ruling is overturned, resulting in the possible loss of a $20.2 million award for a New Jersey couple . The accident is not under dispute, but the extent of the plaintiff’s injuries is in question. Dorthe, who was driving a pickup truck on the day of the accident, March 20, 2010, accidentally rear-ended Visaggio at a stoplight. Steven Visaggio, the plaintiff, reportedly suffered ongoing back problems and permanent injuries to his shoulder after he fell off his motorcycle, landing underneath it. However, Kurt Dorthe, the defendant, is fighting the ruling. A three-panel appeals ruling in October 2016 agreed with him, resulting in a new trial in the case. They stated that the defendant did not receive a fair trial and believe that the verdict is grossly excessive . They further stated that the judge limited the scope of the defense lawyer’s cross-examinations and that he admonished the same attorney before the jury, possibly affecting their opinion of his professionalism. The judge also permitted testimony from the plaintiff regarding adopting a baby with disabilities — although the child was 22 in 2010, during the trial. The original judge refused to allow reported videos of a man believed to be the plaintiff working in 2013 despite his claims regarding his extensive injuries. The video documents this person climbing up a ladder onto a roof and back down, allegedly carrying plywood during one trip. Visaggio worked as a home improvement contractor. The plaintiff did not request medical expenses or lost wages. However, the jury awarded a pain and suffering amount to Visaggio of $15.5 million. They gave his spouse an additional $3.8 million although she was not with him when the accident occurred. Added fees, interests and related costs increased the verdict to the highest in the state in 2014. The legal team’s failure to pay close attention to seemingly minor details in a personal injury case could affect the entire outcome of a civil lawsuit, resulting in an eventual overturn of a significant verdict. Contact our law firm for seasoned legal representation after a serious injury-accident.
October 6, 2016 Amber Heard and Johnny Depp agreed to a $7 million settlement in their divorce case in Los Angeles in August 2016, dropping further litigation after the end of their 15-month marriage. Heard, 30, originally claimed that Depp, 53, committed domestic violence against her and allegedly rejected a prior $8 million deal. Depp denied those allegations. According to Forbes magazine, Depp’s net worth is $48 million. The couple released a joint statement regarding the settlement and denying any intention of harm by either party. Amber will donate money from the divorce to a charity although no details were specified. However, photographs were released that showed a mirror plastered with the phrase, “Starring Billy Bob and Easy Amber” written across it in blood and blue paint. According to Heard’s legal team, Depp went off into an alcohol- and drug-fueled tirade, breaking glass and cutting his finger tip. He then scripted the phrase on the mirror, using his finger. The incident reportedly happened in Australia in Spring 2015 during the filming of a Pirates of the Caribbean movie, slated for release in Summer 2017. The movie temporarily stopped production as Depp came back to the U.S. for restorative surgery. Although Depp and Heard met on the set of The Rum Diaries in 2009, Depp was involved with a French actress at the time. The two later connected in 2012. Billy Bob Thornton categorically denied the accusations of an affair with Heard. He elaborated that the two only spent time together at a cast dinner but did not socialize apart from that. He stated that they had a purely professional relationship, and he did not even claim a friendship with her. Heard further denied an affair. Thornton, previously married to Angelina Jolie, is now married to Connie Angland. He addressed the rumors with her and reassured her that they were false. Allegations of domestic violence can further complicate divorce proceedings. An Orange County family attorney can work with you to negotiate a fair resolution to your divorce. For assistance with the negotiation process or help with your case, contact our law firm today.
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January 28, 2018 According to an October 27, 2017, announcement, the Los Angeles jeans company, True Religion, exited Chapter 11 bankruptcy with about $357 million less debt, debt maturities extended, cash to implement a growth plan and a positive outlook for the future. The company emerges with a reduced retail footprint and an exit loan of $60 million from Citizens Bank, the same bank that provided the initial cash during the reorganization process. At the peak of the company, True Religion jeans were selling anywhere from $150 to $250 a pair at their nearly 140 stores and online. The brand also sold at upscale department stores, such as Bloomingdales, Saks Fifth Avenue and Nordstrom and at other locations in the U.S., Mexico and South America. Around 2013, True Religion, like many other apparel stores, struggled for success, watching sales decline as it competed with the internet, online shopping and competing discount retailers. The rapid growth in the trend of athletic wear for leisure caused the sales of blue jeans to quickly decline. Behind $192,000 on rent for its California office headquarters and drowning in major debts owed to creditors, manufacturers, U.S. Customs and Border Protection and malls around the country, True Religion filed for bankruptcy on July 5, 2017, in a U.S. Bankruptcy Court in Delaware. At the time of filing, the company had 128 stores in the United States and 11 stores outside the country. The company made some major changes, hiring John Ermatinger as CEO and president and bringing on a new chief marketing officer and a new vice president of sourcing. They also reduced costs, streamlined processes and closed unprofitable stores. John Ermatinger publicly thanked the company’s supporters — consumers, employees, vendors and suppliers — for their ongoing commitment and devotion to True Religion. He expressed his excitement regarding the future of the company, which includes implementing new growth strategies through innovative partnerships, expanding True Religion’s digital presence and refining its marketing operations. You do not have to be a major corporation to file bankruptcy , Like in the case of True Religion, bankruptcy allows individuals to emerge in a better financial position than before. Our legal team can help you navigate through these difficult times.
January 16, 2018 A Fresno State professor who intimidated a pro-life group was ordered to pay $17,000 and attend training on the First Amendment. He was recorded on video in an attempt to harass pro-life students who were drawing with chalk on the sidewalk. He also asked students from his public health class to assist him in his efforts. He claimed they were outside of the campus free speech area, but no such area has existed on campus since 2015. The sidewalk messages suggested pro-life options for students. The president of the club stated that the First Amendment gives students the right to speak on campus. She documented an incident between herself and the professor on video. He can be heard telling her that she is not in a free-speech area. However, she claimed that she had school permission to be there and to be speaking. The professor began erasing the sidewalk messages with his shoe. He told her that she did not understand the areas where free speech was permitted on campus. Alliance Defending Freedom acted as legal representation for the group, the Fresno State Students for Life. The professor must pay $1,000 to the president and $1,000 to another student as well as legal fees. However, he said that the money was paid by his insurance company, so he is not concerned about the legal fees. He does not admit to any wrong actions but is willing to attend the training so that he can learn the opinions and thoughts of others. The president expressed her relief that he will not be able to harass them again and explained that the case was not about winning money. She was extremely surprised at his actions, especially on a public campus. She further opined that professors should encourage and not prohibit free speech. Legal counsel for the pro-life group stated that the professor’s behavior flagrantly violated the First Amendment He added that school officials do not have the right to restrict freedom of speech on campus. The school did not comment about the case. If you believe that your First Amendment rights have been violated, you will need experienced legal representation to defend you. Contact us so that we can discuss your case.
January 5, 2018 The complexities of any divorce include dividing money, property and assets between both parties. While this might not be as complex for a millennial as it is for a couple who has spent their lifetime acquiring possessions, both types of divorce require finding a qualified family lawyer to deal with the personal issues. Legal experts report that stereotypes claim that other generations are more loyal than millennials who don’t really value traditions. She continues that even though they wait to marry, they still place a high priority on the institution. However, she added that they will not tough out a relationship the way their parents did. This by no means makes a divorce any easier for millennials. They feel just as hurt and disappointed as any others who divorce , but their outlook for the future tends to be more optimistic. Although marriage rates in the U.S. continue to decline, divorce rates are also dropping. Millennials delay marriage until later in life, placing an emphasis on education and careers before taking this significant life step. Millennials tend to be more open to diverse relationships, including living together. In the past, prenuptial agreements held a negative connotation as if one of the parties expected the marriage to end. The more-practical millennials, who prioritize acquiring and preserving wealth, see the prenup as a planning tool and communication map to manage financial expectations and interests. Creating a prenup with a lawyer realistically deals with the uncertainty of the future and helps a couple draft specific plans. Millennials choosing to live together instead of marrying can benefit from an attorney’s expertise when drawing up a cohabitation agreement, protecting both parties and their assets in case the relationship ends. When couples know the laws regarding cohabitation , marriage and divorce in their state, they tend to be ready for even unexpected contingencies. Whether a couple plans to cohabitate, marry or file for divorce, planning for a big relationship step helps the individuals prepare for the future, no matter what happens in the marriage. Consulting with a knowledgeable, experienced family lawyer sets up both parties for success.
December 23, 2017 The 32-year-old mother entered the high rise in downtown Memphis as a memory tugged at the far corners of her mind. Suddenly, it came to her. She had been in this very building with her own mother for the same purpose — to file bankruptcy . She anguished over the decision but a court order had recently enforced a judgement against her that allowed a company to seize a portion of her check. With her struggle to make ends meet, the judgment would put an unbearable strain on her already overburdened finances — the proverbial straw that broke the camel’s back. Despite the stigma, she decided that bankruptcy would stop the vicious cycle of juggling bills each month so that she could now start fresh. She even dreamed of becoming a homeowner one day. While the U.S. Bankruptcy Court for the Western District of Tennessee in Memphis funnels millions of dollars to the court, the lawyers and the creditors, the debtors for whom the entire system exists don’t fare so well. The clients are stuck in a vicious cycle. Most people choose to file Chapter 7, which allows the person to start over from square one without seizing any debts. In contrast, Chapter 13 requires monthly payments while stopping car repossessions and home foreclosures. This method is most common in the South and was what this mother chose. She didn’t understand the difference between the two. However, filers who opt for Chapter 13 must continue making payments for five full years. Most cannot even last 12 months under the program. These individuals went through each and every step of the bankruptcy — paying filing and legal fees and dealing with a seven-year blemish on their credit record — but do not ultimately benefit from the program. Once they have defaulted, they revert back to all unpaid debts with interest rates higher than ever. When comparing Caucasian filings with African-American filings, the latter usually file under Chapter 13 but cannot complete the program. Some return for repeat filings, with a few filing Chapter 13 up to 20 times during their lifetimes. They view bankruptcy as a last resort. If you are considering bankruptcy, talk to our knowledge attorneys about which options — Chapter 7 or Chapter 13 — is best for you.
