Texas Lawyers Blog

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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

Friday, August 1, 2008

Healthcare Fraud Law Suits (Qui Tam Claims & Medicare Fraud Claims)

Law enforcement authorities estimate that health-care fraud costs taxpayers between $60 billion and $100 billion each year. Through Qui Tam Claims and Health Care Fraud Lawsuits, billions of dollars have been recovered from individuals and organizations that have committed health care fraud and stolen large amounts of money from United States Tax Payers.

There are lawful ways that whistleblowers and American Heroes can act as a "Relator" and file Qui Tam Claims and Whistleblower Lawsuits to recover millions or billions of dollars that have been stolen from the United States.

In a recent Qui Tam settlement False Claims Act qui tam or whistleblower lawsuits were settled resulting in a $1.7 Billion recover. Of this settlement, whistleblowers will receive a combined share of approximately $150 million.

For more information on Qui Tam Claims and Whistleblower Lawsuits feel free to go to the following web pages on Health Care Fraud Claims, Defense Contractor Fraud Claims, and Government Contractor Fraud Claims.

Friday, July 4, 2008

Texas Trasylol Lawsuits

Evidence has shown that the heart surgery drug, Trasylol, can cause significant health problems including kidney failure resulting in death or the need for dialysis. Unfortunately, even though there has been significant knowledge of these potential health problems those profiting from the sale of Trasylol were slow to pull the drug off the market potentially causing thousands of deaths and kidney damage in tens of thousands of heart patients.

Texas Trasylol Lawyer (Texas Trayslol Lawsuits)

Delays in pulling Trasylol from the market and publicizing the known and suspected health risk of Trasylol may have caused thousand of unnecessary deaths as well as caused many heart surgery recipients to suffer unnecessary kidney failure damage. Because of the large number of people this drug may have hurt or killed, several Trasylol Lawyers are investigating potential Trasylol lawsuits including when the manufacturer first learned of potential health risks of the drug and if anyone intentionally concealed these health risks. Further, several Trasylol lawyers are investigating if these same corporations and people may have over stated the benefits of Trasylol in order to maximize profits.

It is estimated that the annual projected sales of Trasylol was over $600 million producing huge profits for those that had a duty to disclose any know health hazards with the drug.

Texas Trasylol Attorney Jason Coomer is working with several lawyers throughout Texas and the United States in reviewing fatal Trasylol lawsuits and seeking compensation for those that have lost a loved one from the drug, are now on kidney dialysis for life, or have suffered a stroke.

For more information on Texas Trasylol Lawsuits, go to the following web page on Texas Trasylol Lawsuits and FDA Trasylol Warnings.


Friday, June 27, 2008

Business Partnership and Dissolution Issues

When a business, joint venture, or partnership breaks up, it is often as bad as a divorce. The former business partners typically know where all the assets of business are and feel that they are entitled to more than half. They also often know how to hit the emotional buttons of their former business partners and do so during negotiations and litigation. The battle for possession of clients, accounts, intellectual property, employees, and other assets can be fierce. All too often former business partners have to hire lawyers and accountants to collect their fair share of a business.

For more information on Business Partnership and Dissolution Issues, go to the following web page on Business Partnership and Dissolution Issues.

Tuesday, June 24, 2008

Defense Contractor Fraud Lawsuits and Qui Tam Lawsuits

During the Civil War, Abraham Lincoln enacted the Federal Civil False Claims Act in response to corrupt defense contractors that were defrauding the United States out of vast amount of money and putting troops at risk by supplying troops with defective products and faulty war equipment. Unfortunately, some fraudulent defense contractors and other fraudulent government contractors have been defrauding the United States and making big profits. Illegal price gouging and government fraud has become common practice and the armed forces of the United States are suffering. As such, it is now time for whistleblowers and American heroes to blow the whistle on these contractors that are defrauding the United States, stealing from the United States, and placing our troops in danger.

Defense Contractor Fraud Claims in the News

The United States Department of Defense spending for goods and services in Fiscal Year 2007 exceeded $300 billion. With this increased budget has come relaxed oversight and regulation. Quality control and proper testing of these good and services has become lax as documentation for large defense contracts has been reduced allowing fraudulent contractors to get away with defrauding the Pentagon, Department of Defense, and United States.

Recently several news stories have surfaced regarding suspected defense contractor fraud and government contractor fraud. These news stories on potential Defense Contractor Fraud Claims and Government Contractor Fraud Claims will become more common as government fraud, no bid contracts, and poor oversight are discovered. For more information go to the Law Offices of Jason S. Coomer, PLLC Defense Contractor Fraud Claim and Qui Tam Lawsuit Webpage.

Qui Tam Lawsuits and Defense Contractor Fraud Lawsuits

In 1986 as a result of increased government contractor fraud, Congress amended the False Claims Act in order to make it easier for whistleblowers to file claims against fraudulent corporations and individuals including fraudulent defense contractors. The act protects the Whistleblower or Relator from retaliation.

As the Defense Contractor Budget has grown so has Defense Contractor Fraud and Government Contractor Fraud. As fraud against the government has grown, the need for government heroes has grown to blow the whistle on greedy businesses that are defrauding the United States and putting our military forces in jeopardy in order to make money. For more information on Qui Tam Lawsuits and Defense Contrator Fraud Lawsuits go to the Law Offices of Jason S. Coomer, PLLC Defense Contractor Fraud Claim and Qui Tam Lawsuit Webpage.

Tuesday, June 10, 2008

Asbestos Mesothelioma and Asbestos Cancer Lawsuits

Asbestos Mesothelioma and Asbestos Cancer Lawsuits

Exposure to Asbestos has been scientifically linked to several forms of asbestos cancer including mesothelioma. These asbestos cancers all too often result in a painful death for the person that was exposed to asbestos products. Despite knowledge of the dangers of asbestos products and negligent asbestos abatements, many corporations have sold and used asbestos products as well as many other corporations have failed to use proper asbestos abatement procedures to remove asbestos from buildings. Far too many businesses have made the decision that making more money through selling, using, or improperly removing asbestos products is more important than the health and lives of workers and there families.

It is in these instances where the law needs to step in and make businesses that sell dangerous asbestos products, manufacture dangerous asbestos products, or intentionally fail to adhere to proper asbestos abatement procedures.

For more information on mesothelioma, asbestos products, secondary exposure, and asbestos cancer, go to Texas Asbestos Cancer Lawyer Jason Coomer's Webpages on Mesothelioma, Asbestos Products and Use, Secondary Exposure, Asbestos Product Dumping, or Asbestos Cancer.



Monday, June 9, 2008

Texas Motorcycle Accident Lawsuits

Austin Texas Motorcycle Accident Lawsuits and Insurance Claims

Austin and the Texas Hill County are beautiful places to ride your motorcycle. Every spring and summer tens of thousands of bikers ride through Austin and the Texas Hill Country enjoying their freedom, the scenic hill country, and the fun that is Austin, Texas. With Austin comes heavy traffic, many careless drivers, and many large vehicles that do not give bikers enough room and some that actually fail to see bikers and cause serious accidents. Unfortunately, many of these motorcycle accidents result in serious injuries to the person on the motorcycle.

Unfortunately, insurance companies do not always adequately compensate those injured in serious collisions or the families of persons killed by negligent drivers. They prefer to pay as little as possible on legitimate accident claims when they can get away with it. Many insurance companies will not offer reasonable compensation to the injured person or the family of a person wrongfully killed by an accident until a lawsuit is actually filed.

Whether the accident was caused by reckless driving, mechanical error, and/or alcohol, it is important to understand how insurance companies review claims including liability insurance, PIP, medical pay, uninsured, and underinsured motorist coverage as well as liability & damages including medical expenses, lost wages, future losses, impairment, disfigurement, pain and suffering and other damages.

For more information on Texas motorcycle accident claims and Austin motorcycle accident lawsuits, go to the following webpage.



Industrial Accident and Texas Plant Explosion Lawsuits

Industrial Accident Lawsuits and Texas Plant Explosion Lawsuits

Industrial accidents including plant explosions can cause catastrophic damages, severe injuries and even death. A number of safety violations can cause a plant explosion including chemical releases, failure to provide proper maintenance, combustible dust, improperly trained staff, and old equipment.

United States and Texas Plant Explosions

As Texas and the United States have become more industrialized Plant Explosions and other industrial accidents have become more and more common. This has become especially true with aging infrastructure of many industrial plants and the corporation controlled OSHA safety agency that has weakened safety regulations and protections for workers. These factors combined with many corporations deciding to save money at the expense of worker safety have lead to many devastating plant explosions and industrial accidents.

Plant Explosions and Combustible Dust

Combustible Dust is problem that has been know for years. For those familiar with the grain industry, it is commonly understood that grain dust is more flammable than grain. It is hard to burn grain, but if you have a large pile of grain dust the small particles become more flammable. For this reason there are several regulations on the grain industry to prevent fires and explosions. Likewise other materials like metal are typically not flammable, but when in dust form they become flammable and in large quantities can cause a plant explosion.

For more information on Texas Plant Explosions, Industrial Accident Lawsuits, and Combustible Dust, feel free to visit the Law Offices of Jason S. Coomer Industrial Accident Lawsuit and Texas Plant Explosion Webpage.


Monday, May 12, 2008

Texas Crane and Construction Equipment Lawsuits

Using cranes, bulldozers, tower cranes, backhoes, cherry pickers, and other construction equipment have become common sights on Texas construction sites. This construction equipment is useful and allows construction projects to rapidly move forward as well as construction companies to erect large buildings and other construction projects that they otherwise be unable to do without modern construction equipment. However, because of the power and complexity of this construction equipment, it is extremely important that this construction equipment is operated by skilled and well trained construction workers who follow safety regulations and instructions.

Failure to follow safety regulations and procedures can result in fatal construction accidents as well as construction accidents resulting in serious injuries and substantial damages. From collapsing cranes to lost unsecured loads to improperly stacked building supplies, the rise in construction has resulted in additional construction accidents.

Texas Crane Accidents and Safety Regulations

Moving large, heavy loads is crucial to today's manufacturing and construction industries. Much technology has been developed for these operations, including careful training and extensive workplace precautions. However, problems and accidents arise when construction companies, construction workers, and crane operator's get careless or try to save money at the expense of safety.

Some of the most serious construction accidents happen as a result of the misuse of heavy equipment including cranes, tower cranes, and backhoes. The potential dangers of operating a crane include collapsing cranes, cranes flipping or toppling over, cranes coming into contact with live power lines resulting in the burning or electrocution of the operator, and improperly secured loads falling on workers and/or bystanders.


For more information on Texas Construction Equipment Accidents for to the following Web Page on Texas Crane & Construction Equipment Accident Lawsuits.

Thursday, May 1, 2008

Texas Guardianships

Guardianship Applications and Contests

A guardianship is sometimes needed when a person cannot take care of herself or himself. Typically, a Texas Probate Court will look to alternative less drastic measures to avoid a guardianship or making someone a ward. This is because a guardianship takes a person's rights away including use of their finances and decisions on their daily care. An Application for a Guardianship should only be filed to further a person's best interests.

Incapacitated Persons and Guardians

According to the Texas Probate Code Section 601 (14), there are three types of incapacitated people that need guardians. The first is a minor which includes those under 18 years of age that have not been emancipated. The second are adults who because of a physical or mental condition, are substantially unable to provide food, clothing, or shelter for themselves, to care for their own physical health, or to manage the individual's own financial affairs. The third are people that must have a guardian appointed to receive funds due the person from any governmental sources.

A person is determined to be "incapacitated" upon a finding by a court that the person lacks the capacity to do some, but not necessarily all, or the tasks necessary to care for himself or herself or to manage his or her property.

A court may appoint a guardian with full authority over an incapacitated person or may grant a guardian limited authority over an incapacitated person as indicated by the incapacitated person's actual mental or physical limitations and only as necessary to promote and protect the well-being of the person. If the person is not a minor, the court may not use age as the sole factor in determining whether to appoint a guardian for the person. In creating a guardianship that gives a guardian limited power or authority over an incapacitated person, the court shall design the guardianship to encourage the development or maintenance of maximum self-reliance and independence in the incapacitated person.

Setting Up A Guardianship & Filing an Application for Guardianship

An Application for Guardianship can be filed by any person that does not have an adverse interest to the proposed ward. This rule is to make it easy for a good Samaritan to help a person that is unable to help themselves, but to prevent people from attempting to take control over people that they owe money to or are fighting in a court battle. Most applications for guardianships are filed and determined in a county court or probate court, however, the determination can be transferred to District Court. To have a guardian appointed the applicants must have a medical report from a doctor that states that the proposed ward is substantially unable to take care of themselves. This medical report can be obtained prior to the application or as part of the court's determination.

Drive By Guardianships & the Race to the Court House

A proceeding for the appointment of a guardian for the person or estate, or both, of an incapacitated person shall be brought 1) in the county in which the proposed ward resides, or 2 ) is located on the date the application is filed or 3) in the county in which the principal estate of the proposed ward is located. If there are multiple counties where the application for a guardianship can be heard, then the place where the first application is filed controls. Combining this rule with 2) above, we have instances where a family member is brought for a visit for the purpose of filing for an application to get the proceeding in a local court. This can be convenient, but also can create races to the court house for different family members.

The Duties of a Guardian

The duties of a guardian are not only to take care of the ward or minor, but to manage the ward's finances or estate. Included in these duties are accounting reports that must be filed in managing the ward's finances. The failure to properly manage the estate or prepare the accounting reports can be a breach of fiduciary duty and can subject the guardian to liability for any misspent money or unaccounted assets.

If someone close to you is in need of a guardian and needs someone to take care of their financial affairs or even worse if there are others that are attempting to wrongfully seize your or someone you love's assets, make sure that there is someone to look out for your interests. A court appointed attorney may help Someone to assist in seeking inventories and obtaining an accounting as to what has been spent and what needs to be done to free up property and assets.

For more information on Austin Texas Guardianships, go to the following web page on Travis County and Austin Texas Guardianships.

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.