Author Archives: Lawyer Team

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This blog scans breaking news to find significant and interesting legal settlements. Lawyer.com is a directory website for lawyers. Featuring the best search in its field, lawyer.com connects people who need legal advice to the most qualified professionals who can provide it.

Police Detective Wins Right to a Beard

A simple shave, or a dance with death?

A Las Vegas policeman has settled a lawsuit with the city for $40,000 and the right to wear a beard on the job.  You read that correctly.  Apparently, some police departments across the country still require policemen to show up to work clean-shaven, except for a moustache if preferred.  Detective Ira Carter was given a medical waiver because of a skin condition called pseudofolliculitis barbae (warning: kind of gross pictures) that made a close shave dangerous and irritating.  According to Wikipedia, the effect of a shave on a person with the condition causes rashes, redness, papules/pustules and sometimes scarring.  In Febraury 2009, though, Carter’s supervisors ignored the waiver, requiring that he show up clean shaven from then on.  When Carter came in the next day with the beard, they threatened discipline, despite the obvious and understandable aversion to shaving.  Carter soon filed suit for discrimination, and today has established a new regulation in the city allowing an officer to wear a beard for medical or religious reasons.

I never thought the keeping of a beard would be such an issue.  Especially in the case of a serious medical condition.  Carter’s doctor apparently recommended that the detective remain unshaven for 6 whole months.  Maybe if Carter had shown his supervisors a simple Google image search for the condition they would have been swayed (though I recommend against performing the search on your own — some of the images are unsettling).  I guess it comes down to the idea of a brand.  When you think of a policeman, you most likely picture a clean-shaven, blue-clad, straight-standing officer with his hands on his hips.  Vary too far away from this, and the public no longer envisions a standard schema, which belays trust.  I’d argue for the cause of beards, though, not only for freedom of personal expression which police are supposed to uphold, but also because I know from experience that beards are fun.

Indie Record Label Group Wins $10 Million Infringement Settlement

Show me the money!

Limewire, the P2P file sharing software, has agreed to yet another settlement in copyright infringement litigation, this time with the indie label representative group Merlin.  The software company, which allowed users to transfer music and other copyrighted files between each other, previously settled with major record labels for $105 million.  As part of a court order, Limewire has been unavailable to download since October, 2010.  Today’s announcement deals with the smaller labels, who represent such artists as multiple-Grammy winning Adele.  In the much-publicized lawsuits against Napster, the indie labels were left out of the settlements due to a lack of resources, despite being affected just as much as the major labels.  The Merlin group was created to offset this imbalance, representing a multitude of labels and boosting their ability to defend themselves against copyright infringement.

As the world moves beyond physical copies of records and towards direct digital downloads, what does the future look like for record companies and copyright?  Napster and P2P networks of that ilk represented a new wave of interaction between people and music.  Free digital copies of songs, despite being illegal, were an irresistible lure for many users.  The fallout of litigation against the companies, though, did little to stop this proliferation of easy-to-use digital downloads.  After Napster came Kazaa, then Grokster, then Limewire, all fallen by mountainous legal fees.  However, a look at the current popularity and resilience of Bittorrent and the Pirate Bay reveals that free illegal downloads are not going away.  So, the problem is not simply a matter of law.  It’s a matter of customer preferences.  Record companies now have to compete with free, which to them is impossible,  leading to buckets of litigation as a solution.  Another avenue is to make buying music easier and more satisfying than the free option — a solution that Apple has capitalized on with the popularity of the iTunes music store, and which Amazon and Yahoo are now starting to explore.  Perhaps labels need to adapt to this change instead of fighting it.  Surely their legal fees will go down, if nothing else.

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Verizon Settles Class Action “Cramming” Suit

The typical result on a phone of a cramming charge.

In college I recall a time when a friend pranked another friend by secretly signing his cell phone up for one of those “joke a day” text message spam services.  We got a laugh as he received these texts from an unknown number with terrible jokes, and he canceled the service as soon as possible after an understandable period of confusion followed by rage.  Not before he was billed a $10 “subscription fee” from the third party company, though.  Today I learned that this practice is called “cramming” and that, unfortunately, this type of thing happens to people all across the nation, sometimes by accident and sometimes billed monthly for years undetected, incurring unnecessary high costs.  Some bad news, then, for the bad joke aficionado: today, a class action lawsuit against the fraudulent billing has been settled with Verizon.  The company has agreed to refund 100% of all unauthorized third-party charges from April, 2005 through February, 2012.  Considering the time period and number of people affected, the total cost of this settlement could be in the millions.  Also, billing practices will be drastically changed to prevent this kind of charge from showing up automatically and unexpectedly in the future.  Read the full press release here.  To find out if you’re eligible for a refund and how to claim it, visit the settlement’s website here starting March 9th.

I long for the day when unsolicited text message services are no longer active at all.  Sometimes late at night or during low-advertisement-cost programs, you can find ads for the companies selling cheesy ring tones or backgrounds or a “love calculator” that uses an arbitrary algorithm to add up two names and spit out a percentage (with a charge-per-use business model — real classy).  They tread the border between the merely tasteless and the scam — hopefully this settlement will encourage the other telecom companies to follow suit and sound the death knell for these services.  If I never hear the “Crazy Frog” again, I’ll be a happy man.

Injured? Should You Settle or Go to Trial?

Justice

Check out this excellent blog post about what “going to trial” in an injury lawsuit really means.  Jerry H. Trachtman, an attorney out of Melbourne, Florida, writes a detailed rundown of the comparative benefits and costs of going to trial vs. negotiating a settlement.  If you’re looking for an injury lawyer, it’s important to know that the ones claiming more trial experience than competitors are not necessarily the best option for your case.  In fact, a lawyer who settles more often than going to trial can sometimes be considered more valuable than the opposite.

Read the article?  Still looking for a lawyer?  Click here to get started.

Blind Woman Struck by Car Receives $200,000 Settlement

Cannot see

The Star-Ledger reports today that a settlement has been reached for the blind Morristown, NJ woman who was hit by a car two years ago.  Chistina Brino was walking her seeing eye dog when she was hit by a Morris county employee driving a county-issued car.  The employee, a former assistant prosecutor, made a right hand turn outside of the county courthouse, of all places, when he struck Brino, fracturing her kneecap and dislocating her knee.  The dog was uninjured.

This news hits close to home for lawyer.com, which is located in Morris County.  The Seeing Eye, the oldest guide dog training center in the world, is headquartered in Morristown, and their dogs come primarily from a breeding center in nearby Chester.  It’s not uncommon to encounter the young dogs in training around Morristown.  Being a small city, the dogs learn all they need about crossing streets and the danger of traffic.  In fact, there’s a statue of a Seeing Eye dog and trainer in the middle of the main thoroughfare.  So, a 20-year county prosecutor must have been aware of the abundance of training dogs in the city, which makes this accident all the more unfortunate.