Articles Posted in New York Accident Lawyers

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It is not unheard of for companies go to extreme lengths to avoid paying taxes. From the collapse of Enron to the leaking of the Panama Papers, stories of corporations violating laws to avoid taxes are constantly in the news. Fortunately, a little-known law has given the U.S. government a powerful tool to uncover these crimes, recover ill-gotten gains, and reward the “whistleblower” at the same time.

The False Claims Act, aptly nicknamed Whistleblower Law, rewards citizens for informing the government when they have evidence of corporations committing fraud. Under the False Claims Act, these whistleblowers are eligible to receive 15 to 30 percent of the amount the government recovers.

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It seems as though every time we turn on the news, we’re met with another story about an auto recall. Some of the most infamous include GM’s faulty ignition devices, responsible for the deaths of at least 169 Americans, and the defective airbags manufactured by Takata, which killed 14 and injured over 180 Americans. In 2016 alone, 53.2 million cars were recalled.

It is illegal to sell new cars if they have not been repaired after a recall. However, there is no federal regulation that specifically prohibits used car dealers from selling recalled vehicles as “safe”— even if they have not been repaired.

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Mayor Bill de Blasio brought the Vision Zero plan to New York City in 2014, with the goal of reducing the number of deaths caused by traffic collisions to zero by 2014. While the first two years of Vision Zero led to fewer traffic deaths, the initiative has not been as effective as many New Yorkers hoped.

Every day, auto collisions still occur by the hundreds throughout New York, totaling 53,000 since the start of 2017. Last year, the city actually saw a rise in the number of pedestrian deaths.
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President Donald Trump, though his executive order on immigration released on January 25, 2017, prioritized for deportation any “alien” accused of or convicted of a crime. Since crossing the border without proper documentation and using a false social security number — as many undocumented immigrants do in order to obtain work — are both crimes, Trump essentially put all “aliens” on notice.

Understandably, this order has sent shock waves through immigrant communities. “Right now, the paranoia and sense of fear is overwhelming,” said Ramiro Orozco, an immigration attorney. “All the raids and the rhetoric… have created so much anxiety… people are pulling their children out of school, they’re not going to work.”

In the face of these threats to undocumented immigrants, New York City Mayor Bill de Blasio, along with the mayors of many other major cities, has promised hope: “We’re going to defend all of our people regardless of where they come from, regardless of their immigration status.”

Immigrant communities are left asking: To what extent is this promise legitimate, and on what grounds?
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Construction work is one of the most dangerous professions in New York City. As we detailed in our last blog, in New York City alone, 31 construction workers were killed on the job in the last two years. 29 of those deaths occurred on non-union work sites. This statistic bears out what we commonly see in our law practice: non-union workers risk their life and limb every time they step on a work site.

Though insurance carriers and contractors would like to refer to these injuries as “accidents,” most construction-related injuries are the direct result of a manager’s or company’s negligence. Safety violations were found at 90 percent of fatality sites inspected by the U.S. Occupational Safety and Health Administration (OSHA) in 2015.
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2015 and 2016 were two of the most devastating years in history for the New York City construction industry. 31 men and women died on the job, meaning that on average, one worker did not come home from a construction site about every three weeks.

The last death of 2016 occurred on December 23rd, when a worker, whose safety belt was not attached to any cable, fell down an elevator shaft. Just weeks prior, another worker, also not wearing a connected safety belt, fell to his death in Brooklyn at the Old Domino Sugar Factory. These two fatalities, heartbreaking in themselves, portray a larger problem: 29 of the 31 deaths happened at non-union sites. According to the Occupational Safety and Health Administration (OSHA), almost all of the deaths were preventable.
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Cristin Kearns, a fellow at University of California, San Francisco, recently uncovered documents that reveal decades of deception and bribery in the sugar industry that implicates elite professors and the United States government. These revelations not only shed light on the way corporations wield power in American politics and culture; they also have significant legal ramifications.

Plaintiffs’ attorneys have struggled for years to hold the sugar and sugar-sweetened beverage industries accountable for their misleading advertising, targeting of children, and disproportionate effect on the United States’ obesity epidemic. In case after case, Big Sugar has successfully argued that consumers need to take responsibility for their own nutritional choices, even bad ones.

This report by Ms. Kearns adds a new element to the story: deception.
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When you click “accept” under the multi-paragraph “Terms and Conditions” portion of the Uber app, are you really bound by those terms? How about if those terms strip you of your constitutional rights?

Uber, the cell-phone based transportation company, is working to make sure the answer to both of those questions is an unambiguous “Yes.” Now, with their new terms of use, which became effective on November 21, 2016, Uber may have succeeded.

At stake is nothing less than your constitutional right to sue a wrongdoer in court. Uber is once again seeking to waive the customer’s right to seek justice in a court of law even in such cases of death or passenger sexual assault.
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All of us depend on doctors and hospital workers for treatment when we are sick or injured. Many times they are successful, saving our lives or the lives of our loved ones. But hospitals are far from infallible. 195,000 people die each year in American hospitals due to potentially preventable medical errors. The following guide will give you the information you need to avoid being one of those statistics.

Before you Get to the Hospital:
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If you only read Sharley McMullen’s death certificate, you would think she passed away as the result of respiratory failure and septic shock. The truth is much more alarming.

McMullen, a healthy 72-year old woman from California, was finishing up treatment for a benign stomach ulcer when she contracted an infectious bacterial disease in the hospital where she was being treated. Five weeks later, she was dead. In a morbid twist of fate, the hospital that was supposed to heal her caused her death.
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