Texas Lawyers Blog

Description

The Texas Lawyers Blog provides useful information on the law and Texas lawyers. For more information on this Blog or a legal topic, please feel free to submit an inquiry or send an e-mail message to blog@texaslawyers.com

Tuesday, April 29, 2008

Whistleblowers, American Heroes, and Qui Tam Lawsuits

Whistleblowers, American Heroes, and Qui Tam Claims

During the Civil War, corrupt military contractors were defrauding the United States Army out of hundreds of thousands of dollars and putting troops at risk by supplying troops with defective products and faulty war equipment. Illegal price gouging was a common practice and the armed forces of the United States suffered. In response, Abraham Lincoln enacted the Federal Civil False Claims Act. A key provision of the act was known as qui tam.

The abbreviation is from Latin and refers to "a person who files a suit for the king as for himself". Qui tam laws have existed for centuries as deceptive government contractors have been around as long as government contracting has. Qui tam actions allow a private citizen to file a lawsuit on behalf of the U.S. government in an effort to recover losses caused by fraud against the government. The law is an incentive for civilians who know of individuals or companies making false claims for profit to come forward with information. In reward, the "whistleblower" (also known as the relator) shares in any federal revenue recovered.

For more information on Texas or Federal Qui Tam Lawsuits including defense contractor fraud, highway contractor fraud, health care fraud, or other governmental contractor or subcontractor fraud feel free to go to the following webpage on government contractor fraud lawsuits. It takes American heroes to keep corrupt government contractors from defrauding the United States Government out of millions or billions of dollars.

Texas Breach of Fiduciary Duty Lawsuits

A Variety of Relationships and Positions Can Create Liability Under Texas Breach of Fiduciary Duty Laws by Texas Breach of Fiduciary Duty Lawyer Jason Coomer  Under Texas law, a person who holds a special position of trust and has the power to act for another person or entity such as an estate, trust, partnership, or corporation will have a fiduciary duty to act in another person's or entities' best interest that goes along with that position.  Examples of persons that have fiduciary duties under Texas law include Guardians, Executors, Administrators, persons holding powers of attorney, banks, lawyers, agents, corporate officers, and corporate directors.  Fiduciaries that breach their fiduciary duty and that breach results in loss of money can often be held accountable for any money lost. For more information on Texas Breach of Fiduciary Duty Lawsuits, please read below or click on the following link: Texas Breach of Fiduciary Duty Lawyer.
Texas Executor Fraud Lawsuits and Breach of Fiduciary Duty Lawsuits
An executor of an estate has to take an oath to fulfill the wishes of the decedent's Will. Failure to properly comply with the Will or violating the oath of the executor can result in a breach of fiduciary duty lawsuit against the executor for failure to comply with the decedent's wishes. Executors that commit fraud or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts. If you are a beneficiary of a Will and an executor has negligently lost or intentionally stolen estate property, it is important to hire a Texas Negligent or Fraudulent Executor Lawyer that can help rightful beneficiaries seek compensation for theft or negligence by an executor.
Texas Administrator Fraud and Breach of Fiduciary Duty Lawsuits
Administrators like Executors have a duty under Texas probate law to properly manage and distribute an estate. Administrators have to take an oath to fulfill Texas law in managing an estate. Failure to comply with Texas probate can result in a breach of fiduciary duty lawsuit against the administrator for failure to comply with the decedent's wishes. Administrators that commit fraud or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts. If you are an heir or beneficiary of a estate that has been mismanaged, it is important to hire a Texas Negligent or Fraudulent Administrator Lawyer that can help rightful heirs and beneficiaries seek compensation for theft or negligence by an administrator.
Texas Powers of Attorney Fraud and Breach of Fiduciary Duty Lawsuits 
Persons holding a power of attorney for someone else have a fiduciary duty to keep records of the transactions that they make for that person as well as to act in that person's best interest. Intentional or negligent failure to adhere to these fiduciary duties can result in legal action against the person holding the power of attorney.
Texas Inheritance and Probate Fraud Lawsuits 
Probate Fraud Lawyer Jason Coomer handles breach of fiduciary duty lawsuits and claims where probate fraud, guardian fraud, executor fraud, Will fraud, Will forgeries, misuse of a power of attorney, or other malfeasance has occurred. As a Texas Probate & Inheritance Fraud Lawyer, he helps wards, heirs, and beneficiaries seek compensation from guardians, executors, administrators, and others that have intentionally stolen or negligently lost money and other property.

Monday, February 18, 2008

Big Spring, Texas Refinery Explosion Alon USA

According to the AP, at least four people were injured and a blast could be felt miles away from the Big Spring, Texas Refinery Explosion operated by Alon USA. The Explosion occurred around 8am Monday, February 18, 2008.

[Click here for more information about plant explosions]

Wednesday, December 19, 2007

Defective Smoke Detectors and Aluminum Wiring a Recipe for a Fatal Home Fire

A working smoke alarm on every level of a home and in each bed room is an important safety feature to have in your home. The United States Fire Administration provides information on smoke alarms including the following brochure on What You Need to Know about Smoke Alarms as well as information on defective smoke detectors that you should be aware of and avoid.

As of December 2007, the United States Fire Administration had recalls notices on Digital Security Controls FSA and FSB Series Smoke Detectors, First Alert Onelink Battery-Powered Smoke and Combination Smoke/Carbon Monoxide (CO) Alarms, and BRK Brand Hard-Wired Battery Back-Up Smoke Alarms, Models 4120B and 4120SB. For more information on these smoke alarms, contact the United States Fire Administration or the manufacturers of these products.

Defective smoke detectors and smoke alarms are especially problematic for fires that occur at night, when people are sleeping, when people are disabled, or when the fire is hidden. This is because a failure to warn of a fire can allow the fire to spread. Once the fire has spread smoke can accumulate taking away oxygen and creating toxic fumes that can cause people and pets to pass out from smoke inhalation.

Austin Texas Home Fire Claims (Aluminum Wiring)

When purchasing, renting, or deciding to live in an older home it is important to know when it was built and if it was built with aluminum wiring in it. This is because many homes built in the 1960s and 1970s were built with aluminum wiring that can over heat and cause a fire. Additionally, over time the aluminum wiring in these homes typically deteriorate making the risk of an accidental electrical fire increase.

If you own or are thinking of buying or renting an older home it is important to know if you have aluminum wiring. If your home will have aluminum wiring, it is also a good idea to review the Consumer Product Safety Commissions Recommendation for Aluminum Wiring in Homes and to make sure that your home has working smoke detectors. This knowledge can help avoid a fatal home fire or fire tragedy.

Austin Texas Home Fire Claims (Aluminum Wiring & Defective Smoke Detectors: Increased Risk of Fatal Home Fire)

Both aluminum wiring and defective smoke detectors increase the risk of a fatal home fire that could cause devastating loss of life, serious burns, catastrophic injuries, and significant property damage. It is always best to lower these risk as much as possible for your health and safety as well as that of your family.

Austin Texas Home Fire lawyer handles fatal fire claims and other accidental fire claims that cause serious injuries, significant loss of property, or death. Recovering from a home fire, can be difficult. Not only is there the loss of life or serious injuries to deal with, but the actual clean up and rebuilding. From the fire damage to smoke and fire suppression damage, residential fire claim typically require significant resources to clean up and rebuild the home. As such, it can be extremely difficult to deal not only with the loss of life, injuries, and damages, but to also deal with the builder, insurance company, or other large company that may be responsible for the home fire.


For more information on fatal home fires, defective smoke detectors, or aluminum wiring, please go to the following web page on Texas Fatal Home Fire Claims.

Monday, December 3, 2007

Smoke Inhalation Claims

Smoke inhalation is the number one cause of death related to fatal fires. An estimated 50%-80% of fire deaths are the result of smoke inhalation injuries rather than serious burns. This is significant as it is estimated that in the United States, each year over 30,000 people are killed or seriously injured by fire and smoke inhalation.

Smoke inhalation from an accidental fire can cause difficulty breathing, carbon monoxide poisoning, and other toxic effects that can result in serious injuries or even death. Smoke inhalation occurs when a person breathes in smoke or the products of combustion during a fire. The fire not only uses the surrounding oxygen in the air taking the oxygen that humans need to breathe, but through burning or combustion (the rapid breakdown of a substance by heat) creates smoke which is a mixture of heated particles and gases that are created by burning.

It is impossible to predict the exact composition of smoke produced by a residential fire or industrial fire as every accident fire is different. The products being burned, the temperature of the fire, and the amount of oxygen available to the fire all make a difference in the type of smoke produced. This is especially true when furniture, appliances, and other items made up of plastic or other chemicals is burned. The resulting smoke can be filled with irritants or toxins and result in serious respiratory problems or even death.

Smoke inhalation can damage the body by simple asphyxiation (lack of oxygen), chemical irritation, chemical asphyxiation, or a combination of these. Combustion can use up the oxygen near the fire and lead to death when there is no oxygen for a person to breathe. Smoke itself can also contain products that do not cause direct harm to a person, but they take up the space that is needed for oxygen. Carbon dioxide acts in this way.

Combustion can also result in the formation of chemicals that cause direct injury when they contact the skin and mucous membranes. These substances disrupt the normal lining of the respiratory tract. This disruption can potentially cause swelling, airway collapse, and respiratory distress. Examples of chemical irritants found in smoke include sulfur dioxide, ammonia, hydrogen chloride, and chlorine.

A fire also can produce compounds that do damage by interfering with the body's oxygen use at a cellular level. Carbon monoxide, hydrogen cyanide, and hydrogen sulfide are all examples of chemicals produced in fires that interfere with the use of oxygen by the cell during the production of energy. If either the delivery of oxygen or the use of oxygen is inhibited, cells will die.

Feel free to go to the following web page on Texas Smoke Inhalation Claims for more information.

Tuesday, August 21, 2007

The Insurance Industry Reaps Huge Profits at the Expense of Claimants

The Insurance Industry including Allstate, State Farm, Farmers, USAA, and Progressive have made billions of dollars over the past several years. These record profits have occurred despite many Americans suffering huge losses from major hurricanes and other disasters. A main reason for this profitability in the insurance industry is the aggressive procedures Allstate and many insurance companies have installed to deny and delay paying claims. This tactic of denying and delaying payment of claims has helped the insurance industry to obtain over $44 billion in profits in 2005 and what looks to be almost $60 billion in profits in 2006. It also has taken money from Texas families and businesses that have suffered the loss of a loved one, serious injuries, loss of home & possessions, or covered business losses.

Despite huge profits the insurance industry continues to find ways to not pay legitimate claims. CNN recently did a news story on All State and Farmers Insurance strategy of Denying, Delaying, and Defending all small claims regardless of the validity of the claim. In Defending all insurance claims, they spend millions of dollars defending small claims in a hope that most injured claimants or damaged claimants will give up or accept a settlement of pennies on the dollar. As most injured people do not want to fight a large insurance company or have the resources to survive when they can't work or have lost their home or business, many people with legitimate insurance claims accept low settlements.

For information on Texas insurance claims, go to Texas Insurance Claim Lawyer Jason Coomer's Website.

Thursday, August 16, 2007

Eminent Domain, Expropiation, Condemnation, and Public Takings

Eminent domain is the inherent power of the state to seize a citizen's private property without the owner's consent. The property can be taken either for government use or by delegation to third parties who will devote it to public use. The most common public uses of property taken by eminent domain are public utilities, highways, and railroads.

Recently, the U.S. Supreme Court has largely given the "public use" requirement an expansive interpretation and has allowed takings of private property for conveyance to other private parties for "economic redevelopment."

What is Just Compensation?


The protection of the Fifth Amendment does not prevent a government entity from taking private property, but forces the government to pay "just compensation" for the property it takes. This issue is commonly disputed in the Texas courts as many governments want to pay as little as possible to take private land and most private landowners want to obtain as much as they can for their land. Most courts have held the fair market value of the condemned property to be the constitutionally required "just compensation." Its determination is a judicial question, and it is usually determined in a trial by jury, on the basis of the parties' appraisal testimony. In working with private landowners to prove up the value of their land, it is important for their eminent domain lawyer to work with them in obtaining a good expert for a land appraisement.

For more information go to the Eminent Domain and Public Takings Page.

Monday, August 6, 2007

Architectural Works Copyright Protection Act Claims

Federal Copyright law protects architects that have had their work and designs stolen by builders and businesses. Through the Architectural Works Copyright Protection Act (AWCPA), an architect whose work was stolen by a builder can seek damages for infringing structures. In some copyright claims under the AWCPA, architects have claimed that their designs have been stolen and hundreds of homes or other structures have been built using their designs. In pursuing the a copyright infringement claim, the business that stole the design can be made to pay for each infringement.

For more information about an Architecture Copyright Infringement claim feel free to go to copyright lawyer, Jason Coomer, Law Office's Architectural Works Copyright Protection Act Claim Page.

Engineering, Architectural, and Design Malpractice Claims

Engineering, building, and architectural malpractice can lead to devastating accidents including a building collapse, bridge collapse, plant explosion, or dam burst. These accidents can cause catastrophic damages, severe injuries and even mass deaths. In living next to large dams and industrial plants or driving on bridges and using large building, we need to have them design and built correctly. Cheap building products, defective building practices, negligent designs, or short cuts taken in the design or building process are all examples of engineering, building, and architectural malpractice that can lead to a serious accident and extremely dangerous situations.

For more information on malpractice claims go to the following malpractice claim or design malpractice claim pages.

Tuesday, July 31, 2007

SSRI Birth Defect Claims

Avoidable birth defects are one of the most devastating problems that can occur to a family and a new baby. Parents who should be celebrating the birth of a new child, are often caught off guard when their child is born with severe disabilities and often do not realize that someone may be responsible for the birth injury or defect including drug manufacturers that hid information about medications that can cause birth defects. The family is typically busy taking care of the child with the serious health problems and often does not know that the birth defect was preventable. When they discover the probable cause of the preventable birth defect they are often filled with anger and rage. To find out that their child will have permanent health problems or that they lost their baby because a drug company may have hid research and did not provide an adequate warning of a product's safety can be extremely difficult.

Some medications that have been linked to birth defects include Selective Serotonin Reuptake Inhibitor Antidepressants (SSRIs). Women that have taken SSRIs after the 20th week of pregnancy have been found to have babies with a 6-fold increased risk of developing persistent pulmonary hypertension, a life-threatening lung disorder. Infants with persistent pulmonary hypertension have abnormal blood flow through the heart and lungs and do not get enough oxygen to their bodies and may become very sick or die. For more information on potential Selective Serotonin Reuptake Inhibitor Antidepressant Birth Defect Claims, please go to the following SSRI Birth Defect Claim Information Page.