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Kansas City Legal Blog

Court: Massachusetts family may pursue legal malpractice claim

A Massachusetts law firm is back in the news, now that the state's Court of Appeals has ruled that a legal malpractice case against the firm can go forward.

The head of the Gloucester law firm and one of its attorneys have been named in the claim from a man who contends the lawyers failed to settle for adequate compensation when his brother suffered serious injuries in a marine construction accident in 2008.

Owning a franchise has benefits, but problems can arise

Entrepreneurs who want to run their own business might prefer buying a franchise instead of starting their own companies.

Franchises offer numerous benefits: a proven blueprint to follow to run a successful business, brand recognition, a better chance of success, help with marketing and training support.

Clients suffer when law firms behave greedily

You attorney is supposed to be your advocate and someone who gives you the edge in a court room. Many people hire an attorney when they are facing legal trouble and need expert guidance to resolve the situation as favorably as possible. When your attorney takes advantage of your vulnerability, it you and the law firm’s reputation.

This is what happened in New Jersey following a ruling in a class action lawsuit over pelvic mesh that affected thousands and thousands of women. These women have now filed a lawsuit against their attorneys for breach of fiduciary duty and negligence, alleging that their attorneys charged fees above the legal limit and took on too many cases to manage.

Not being properly paid? You could have a class-action lawsuit

If your employer is keeping you on the job but not paying you overtime, if you're not being paid your state's minimum wage or if you're not receiving meal breaks, you could have a case of violation of the Fair Labor Standards Act (FLSA).

At your company, you're probably not the only one. That's where a class-action suit comes into play.

Banking giant settles class action lawsuit over parental leave

Banking giant JPMorgan Chase has agreed to pay $5 million to male employees who entered a class action lawsuit because they weren't given the same paid leave women received to care for newborns.

It has not been revealed how many men will share in the settlement, but the number could be in the thousands. Men who had applied for primary caregiver leave but were denied over the past seven years were eligible to take part in the lawsuit.

Does your attorney have your best interests in mind?

When you hire an attorney, you expect them to be on your side. When your interests are at risk, you count on your counsel to fight for you, defend your rights and represent your wishes.

However, in some cases, you might determine that your lawyer has a conflict of interest. In those instances, they may not represent you effectively. But how do you know if your case is compromised?

Spotlight on class action lawsuits, proven legal representation

How might an individual who has suffered personal injury owing to third-party negligence proceed if the would-be defendant is a huge and deep-pocketed corporation?

That person can of course file a lawsuit on his or her individual behalf, but that effort might involve marked challenges relative to time, money and resources. After all, such a litigation scenario pits a single person against a mighty business entity in stark David-versus-Goliath fashion.

5 Questions You Should Ask Before Hiring an Attorney

1. What experience do you have in this specific area of practice?

All attorneys specialize in specific areas of law. So, it is important to know if they have experience in the area of practice that you require. For example, if you require a commercial litigation attorney, you need to ask for the attorney's experience in this area of practice. How long have they practiced in this area of law? How many cases has the attorney had in this area of practice? What percentage of the attorney's practice is focused on this particular area of the law?

Court Grants Class Certification against Safe Auto Insurance Company

Edgar Law Firm recently gained class certification in Johnson v. Safe Auto Insurance Company, Case No. 1316-CV31993, pending in the Circuit Court of Jackson County, Missouri. The plaintiff class claims that Safe Auto was unfairly enriched by wrongfully assessing fees to Missouri customers for an "accidental death benefit" product. The court granted class certification on August 19, 2016. If Safe Auto is found liable, Missouri consumers who were assessed fees for the "accidental death benefit" product, and those who did not make a claim on the product, may be entitled to compensation.

Court Grants Class Certification Against Impac Mortgage Holdings, Inc.

Edgar Law Firm and its co-counsel were recently successful in gaining class certification for a group of injured consumers in Marentes v. Impac Mortgage Holdings, Inc., No. 30-2012-00565615-CU-BT-CXC, pending in the Superior Court of Orange County, California. The plaintiff class claims that Impac, a mortgage loan servicing company, committed an unfair business practice by collecting an up-front fee for mortgage modifications in violation of California law. The court's ruling in favor of certification means that class members who paid the up-front fees may receive restitution if Impac is found liable for the assumed violations.

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