Thursday, August 23, 2007
Sunday, August 19, 2007
State Taxes
State Taxes
by: Matt Bacak
Small businesses owners are dependent upon each state for their liability when it comes to payroll taxes for their state of operation. Each state varies, and there are even some states that do not withhold state tax and require no state income tax filing. Each state requires that an employer deduct and withhold unemployment tax, just the same as at the federal level.
Generally, however tax rates for the state level on unemployment tax will vary depending upon the employment history of the business. Once in business long enough, a tax rate can be established based upon the employer's experience with benefit charges and taxable payroll.
Taxes are deducted in the same manner as federal taxes, each pay period and filed with the applicable state on a monthly basis. Most states will also require a quarterly information report comparable to the 941 federal forms. Withholding rates on the state level are much lower than the federal rates. Also, there are limits of liability. Once a particular level is reached in income, the tax rate may be reduced, or sometimes eliminated.
Small businesses operating in one more than one state may find themselves liable for payroll tax in each state. If you operate in multiple states, you should contact each state of operation to determine your liability and setup the necessary accounts for deductions. Quite often accountants that handle state taxes in your area will be aware of each state's filing requirements and be able to assist you.
The greatest concern as a small business that you will have on the state level will be the unemployment tax that you are assessed. Unemployment compensation is administered on the state level, and can therefore greatly affect your tax liability. Your tax rating determines your tax liability, and new businesses are given a standard rating until enough time has passed with operations to assess an individual rating based on employee benefit charges and gross taxable payroll.
by: Matt Bacak
Small businesses owners are dependent upon each state for their liability when it comes to payroll taxes for their state of operation. Each state varies, and there are even some states that do not withhold state tax and require no state income tax filing. Each state requires that an employer deduct and withhold unemployment tax, just the same as at the federal level.
Generally, however tax rates for the state level on unemployment tax will vary depending upon the employment history of the business. Once in business long enough, a tax rate can be established based upon the employer's experience with benefit charges and taxable payroll.
Taxes are deducted in the same manner as federal taxes, each pay period and filed with the applicable state on a monthly basis. Most states will also require a quarterly information report comparable to the 941 federal forms. Withholding rates on the state level are much lower than the federal rates. Also, there are limits of liability. Once a particular level is reached in income, the tax rate may be reduced, or sometimes eliminated.
Small businesses operating in one more than one state may find themselves liable for payroll tax in each state. If you operate in multiple states, you should contact each state of operation to determine your liability and setup the necessary accounts for deductions. Quite often accountants that handle state taxes in your area will be aware of each state's filing requirements and be able to assist you.
The greatest concern as a small business that you will have on the state level will be the unemployment tax that you are assessed. Unemployment compensation is administered on the state level, and can therefore greatly affect your tax liability. Your tax rating determines your tax liability, and new businesses are given a standard rating until enough time has passed with operations to assess an individual rating based on employee benefit charges and gross taxable payroll.
Pfizer's Bextra Faces Its First Lawsuit
Pfizer's Bextra Faces Its First Lawsuit
by: Scott Montgomery
For years, Merck has been under scrutiny for a number of drugs, most recently Vioxx. The recall of Vioxx has shares down by more than 40 percent and facing hundreds of lawsuits that could cost them billions of dollars. However, Merck is not alone in the scrutiny that this pharmaceutical company faces. Pfizer, the maker of Bextra and Celebrex, painkillers in the same family as Vioxx, is facing similar legal problems. The question being asked is whether Bextra and Celebrex increase the risk of heart attack and stroke.
Although Pfizer has avoided much of the negative publicity in newspapers and radio as compared to Merck, the question still stands as to whether the problems with Vioxx extend to similar medicines taken by millions of consumers. Although these pharmaceutical companies claim to have drugs that relieve chronic arthritis pain without causing ulcers, what other side effects may be the result?
Susan Raymond is filing a suit claiming her husband, age 46, died from a heart attack after taking Pfizer’s Bextra for only 10 months. Jerrold Parker, an attorney at Parker & Waichman in Great Neck, N.Y. will be representing her.
Despite this incident, Pfizer challenges the negative effects that Bextra may have had, claiming that large, long-term studies demonstrate that although Bextra and Celebrex are in the same family of Cox-2 inhibitors, that they do not hold the same risk. Pfizer goes on to add that the two smaller studies that show risks associated with Bextra were limited to patients that had undergone open heart surgery and therefore, do not represent the risks to the average patient.
At a major medical meeting, two leading researchers presented evidence that Bextra carries the same elevated risk of heart attack and stroke as other Cox-2 inhibitors. They criticized Pfizer for failing to notify the public of the scientific data relating to its risks. In turn, Pfizer said the findings were flawed. Although the effects of Bextra remain an immense debate, medical experts have and will continue to raise questions about the safety of Bextra and this class of medicines.
by: Scott Montgomery
For years, Merck has been under scrutiny for a number of drugs, most recently Vioxx. The recall of Vioxx has shares down by more than 40 percent and facing hundreds of lawsuits that could cost them billions of dollars. However, Merck is not alone in the scrutiny that this pharmaceutical company faces. Pfizer, the maker of Bextra and Celebrex, painkillers in the same family as Vioxx, is facing similar legal problems. The question being asked is whether Bextra and Celebrex increase the risk of heart attack and stroke.
Although Pfizer has avoided much of the negative publicity in newspapers and radio as compared to Merck, the question still stands as to whether the problems with Vioxx extend to similar medicines taken by millions of consumers. Although these pharmaceutical companies claim to have drugs that relieve chronic arthritis pain without causing ulcers, what other side effects may be the result?
Susan Raymond is filing a suit claiming her husband, age 46, died from a heart attack after taking Pfizer’s Bextra for only 10 months. Jerrold Parker, an attorney at Parker & Waichman in Great Neck, N.Y. will be representing her.
Despite this incident, Pfizer challenges the negative effects that Bextra may have had, claiming that large, long-term studies demonstrate that although Bextra and Celebrex are in the same family of Cox-2 inhibitors, that they do not hold the same risk. Pfizer goes on to add that the two smaller studies that show risks associated with Bextra were limited to patients that had undergone open heart surgery and therefore, do not represent the risks to the average patient.
At a major medical meeting, two leading researchers presented evidence that Bextra carries the same elevated risk of heart attack and stroke as other Cox-2 inhibitors. They criticized Pfizer for failing to notify the public of the scientific data relating to its risks. In turn, Pfizer said the findings were flawed. Although the effects of Bextra remain an immense debate, medical experts have and will continue to raise questions about the safety of Bextra and this class of medicines.
Lawsuit Cash Advances – Key Points
Lawsuit Cash Advances – Key Points
by: Michael Merten
In recent years people who have been involved in personal injury accidents have discovered that they can receive a lawsuit cash advance against the proceeds they ultimately receive from a personal injury accident settlement. For the person who is injured enough from an accident so as to be unable to work and earn a living, a lawsuit cash advance may provide a very timely financial solution for the cash flow problems the person may currently face. Nevertheless it is always wise to know beforehand what a person is getting themselves into before they apply for a lawsuit cash advance.
A lawsuit cash advance is not a loan but a participation in a personal injury legal settlement that the victim of a personal injury accident will most likely, ulitimately receive. If the injured victim who receives the lawsuit cash advance for whatever reason doesn’t receive a cash settlement from their case, they owe nothing and the company that provides the lawsuit cash advance receives nothing. This means that, like any underwriter, the provider of the lawsuit cash advance must determine what the likelihood is of ultimately receiving payment for the cash they advance and charge accordingly. Because of the nature of the lawsuit cash advance, normal interest rates will not apply, so the provider will most likely charge more for the lawsuit cash advance than a traditional lender would.
The fees charged for lawsuit cash advances can vary significantly. Typical fees for automotive cases are 3.0% per month and for medical malpractice cases 5.5% per month. Nevertheless it is not uncommon for some companies to charge a low entry fee to get business through the door and then charge additional, hidden fees to the personal injury accident victim.
Many companies say they will provide a lawsuit cash advance within 24-48 hours, but actual application times can vary greatly and are subject to the extent of the documentation required from the personal injury accident victim along with other factors. And it is important to realize that a company that approves an application too quickly may be charging the client through the roof to compensate for their less than stringent underwriting requirements.
The business of providing lawsuit cash advances to personal injury accident victims also has its share of brokers. A person is best off if they can find a company that provides the actual funding for lawsuit cash advances and deal with them directly. Otherwise the fee that a broker charges will be added to the fee the provider of the lawsuit cash advance receives from the personal injury accident victim.
A lawsuit cash advance is a potential cash resource that a person should consider if they have been involved in a serious accident and all other financial resources are depleted or unavailable.
by: Michael Merten
In recent years people who have been involved in personal injury accidents have discovered that they can receive a lawsuit cash advance against the proceeds they ultimately receive from a personal injury accident settlement. For the person who is injured enough from an accident so as to be unable to work and earn a living, a lawsuit cash advance may provide a very timely financial solution for the cash flow problems the person may currently face. Nevertheless it is always wise to know beforehand what a person is getting themselves into before they apply for a lawsuit cash advance.
A lawsuit cash advance is not a loan but a participation in a personal injury legal settlement that the victim of a personal injury accident will most likely, ulitimately receive. If the injured victim who receives the lawsuit cash advance for whatever reason doesn’t receive a cash settlement from their case, they owe nothing and the company that provides the lawsuit cash advance receives nothing. This means that, like any underwriter, the provider of the lawsuit cash advance must determine what the likelihood is of ultimately receiving payment for the cash they advance and charge accordingly. Because of the nature of the lawsuit cash advance, normal interest rates will not apply, so the provider will most likely charge more for the lawsuit cash advance than a traditional lender would.
The fees charged for lawsuit cash advances can vary significantly. Typical fees for automotive cases are 3.0% per month and for medical malpractice cases 5.5% per month. Nevertheless it is not uncommon for some companies to charge a low entry fee to get business through the door and then charge additional, hidden fees to the personal injury accident victim.
Many companies say they will provide a lawsuit cash advance within 24-48 hours, but actual application times can vary greatly and are subject to the extent of the documentation required from the personal injury accident victim along with other factors. And it is important to realize that a company that approves an application too quickly may be charging the client through the roof to compensate for their less than stringent underwriting requirements.
The business of providing lawsuit cash advances to personal injury accident victims also has its share of brokers. A person is best off if they can find a company that provides the actual funding for lawsuit cash advances and deal with them directly. Otherwise the fee that a broker charges will be added to the fee the provider of the lawsuit cash advance receives from the personal injury accident victim.
A lawsuit cash advance is a potential cash resource that a person should consider if they have been involved in a serious accident and all other financial resources are depleted or unavailable.
Lawsuit Loans
Lawsuit Loans
by: Wensley McKenney
Lawsuit Loans which are also known as pre settlement cash advances allow a financially strapped plaintiff to access a portion of their future legal settlement to pay today’s necessary living expenses. Personal Injury and worker compensation lawsuits can take years to resolve and large insurance companies have the financial strength to legally delay the process which can financial ruin an injured claimant who is looking for a fair settlement offer.
Companies like Global Financial (http://www.glofin.com) offer cash advances against all types of Personal Injury & Worker Compensation claims. It works like this: Global Financial will review the merits of an applicant’s legal claim and determine the chance & size of a financial recovery. They then offer the claimant a small percentage of the total value of their claim in return for an assignment of a portion of the potential future proceeds in the claim. If there is no financial recovery from the claim then the funding company receives nothing. This makes lawsuit loans very risky and actually a venture capital investment rather than an actual loan as the names suggests.
The fees charge by lawsuit loan companies can vary dramatically but it is usually best to stick with the larger companies, like Global Financial (http://www.glofin.com) because they work on larger volumes and lower pricing. Usually a funding company will charge either a monthly fee or a flat fee depending on the risk associate with the claim.
It is my personal opinion that a claimant should ask themselves one question before applying for a cash advance against their pending claim. Will the advance that I receive pay immediate and necessary living expense? If the answer is yes then you should accept a cash advance and continue with your legal claim. If the answer is no then it might be wise to hold off and wait before applying for a lawsuit loan or cash advance against your pending claim. In addition, a lawsuit loan may be a very important tool when the defendant’s insurance carrier decides to make a low ball offer for settlement in the claim. You can then use a lawsuit loan as a financial tool to say no to the low ball offer and have the financial strength to wait for a higher and fairer settlement.
Lawsuit Loans have been trademarked by Global Financial as "Lawsuit Insurance" because they offer insurance like protection to plaintiffs in the event that their claim is unsuccessful. If a plaintiff takes a cash advance against their pending legal claim and their claim is unsuccessful then they get to keep the money that was advanced to them. Thus the cash advance guarantees that their claim will be financially successful either by way of the cash advance or by way of settlement or judgment.
by: Wensley McKenney
Lawsuit Loans which are also known as pre settlement cash advances allow a financially strapped plaintiff to access a portion of their future legal settlement to pay today’s necessary living expenses. Personal Injury and worker compensation lawsuits can take years to resolve and large insurance companies have the financial strength to legally delay the process which can financial ruin an injured claimant who is looking for a fair settlement offer.
Companies like Global Financial (http://www.glofin.com) offer cash advances against all types of Personal Injury & Worker Compensation claims. It works like this: Global Financial will review the merits of an applicant’s legal claim and determine the chance & size of a financial recovery. They then offer the claimant a small percentage of the total value of their claim in return for an assignment of a portion of the potential future proceeds in the claim. If there is no financial recovery from the claim then the funding company receives nothing. This makes lawsuit loans very risky and actually a venture capital investment rather than an actual loan as the names suggests.
The fees charge by lawsuit loan companies can vary dramatically but it is usually best to stick with the larger companies, like Global Financial (http://www.glofin.com) because they work on larger volumes and lower pricing. Usually a funding company will charge either a monthly fee or a flat fee depending on the risk associate with the claim.
It is my personal opinion that a claimant should ask themselves one question before applying for a cash advance against their pending claim. Will the advance that I receive pay immediate and necessary living expense? If the answer is yes then you should accept a cash advance and continue with your legal claim. If the answer is no then it might be wise to hold off and wait before applying for a lawsuit loan or cash advance against your pending claim. In addition, a lawsuit loan may be a very important tool when the defendant’s insurance carrier decides to make a low ball offer for settlement in the claim. You can then use a lawsuit loan as a financial tool to say no to the low ball offer and have the financial strength to wait for a higher and fairer settlement.
Lawsuit Loans have been trademarked by Global Financial as "Lawsuit Insurance" because they offer insurance like protection to plaintiffs in the event that their claim is unsuccessful. If a plaintiff takes a cash advance against their pending legal claim and their claim is unsuccessful then they get to keep the money that was advanced to them. Thus the cash advance guarantees that their claim will be financially successful either by way of the cash advance or by way of settlement or judgment.
Legal Service In Poland
Legal Service In Poland
by: Andrew F. Philips
Do you have any debtor or any legal problems in Poland or in East Europe ? Do you want to start a business in Poland or East Europe ? Are you going to invest in Poland ? We may help you.
Why does it pay to invest in Poland ?
1. Poland has the biggest apartment market among the new EU members.
2. The price level in the most expensive town - Warsaw (average ca. 1100 EUR per sq meter) is still low in comparison with other EU states.
3. Poland is going to face systematic increases in apartment prices – only last year the prices increased by over 12%. A systematic increase in prices by ca. 10% annually is foreseen.
4. Migration to the biggest towns. Large discrepancies between salaries in big towns (particularly Warsaw) and the rest of the country result in permanent strong inflow of population (new clients) to these towns. The surveys show that 60% of the purchasers of new apartments in Warsaw are persons who were not born there. Other promising markets are Krakow, Wroclaw, Tricity ( Gdansk, Gdynia, Sopot) and Poznan.
5. Low quality of apartments built under the socialist regime. In 15-20 years first demolitions will take place. At the same time, the purchasers prefer buying newly built apartments. This ensures permanent demand for the currently built apartments for many years.
6. Strong, systematic increase in GDP, on average by ca. 5% during the last decade.
7. Systematic increase in real salaries results in increase in purchase power of the Poles.
8. The perspective of joining the EURO zone increases confidence in the Polish currency which remains stable and even gains in strength in relation to Euro. At the same time Poland is one of few states that did not experience currency crisis.
9. Huge potential of the apartment market. The level of apartment loans in relation to GDP in Poland does not exceed 5% of GDP as compared to almost 50% in the EU.
10. Unlike purchase of other property, purchase of apartments by the foreigners is free of any permission.
by: Andrew F. Philips
Do you have any debtor or any legal problems in Poland or in East Europe ? Do you want to start a business in Poland or East Europe ? Are you going to invest in Poland ? We may help you.
Why does it pay to invest in Poland ?
1. Poland has the biggest apartment market among the new EU members.
2. The price level in the most expensive town - Warsaw (average ca. 1100 EUR per sq meter) is still low in comparison with other EU states.
3. Poland is going to face systematic increases in apartment prices – only last year the prices increased by over 12%. A systematic increase in prices by ca. 10% annually is foreseen.
4. Migration to the biggest towns. Large discrepancies between salaries in big towns (particularly Warsaw) and the rest of the country result in permanent strong inflow of population (new clients) to these towns. The surveys show that 60% of the purchasers of new apartments in Warsaw are persons who were not born there. Other promising markets are Krakow, Wroclaw, Tricity ( Gdansk, Gdynia, Sopot) and Poznan.
5. Low quality of apartments built under the socialist regime. In 15-20 years first demolitions will take place. At the same time, the purchasers prefer buying newly built apartments. This ensures permanent demand for the currently built apartments for many years.
6. Strong, systematic increase in GDP, on average by ca. 5% during the last decade.
7. Systematic increase in real salaries results in increase in purchase power of the Poles.
8. The perspective of joining the EURO zone increases confidence in the Polish currency which remains stable and even gains in strength in relation to Euro. At the same time Poland is one of few states that did not experience currency crisis.
9. Huge potential of the apartment market. The level of apartment loans in relation to GDP in Poland does not exceed 5% of GDP as compared to almost 50% in the EU.
10. Unlike purchase of other property, purchase of apartments by the foreigners is free of any permission.
Accident Solicitor - You're Not Alone Anymore
Accident Solicitor - You're Not Alone Anymore
by: Mohammad Latif
How many times did you feel cheated or abused by companies which had used any available trick to gain your claim? Are you tired with all the sale tricks and sophisticated jargon? Well, you don't have to deal with it on your own anymore! An accident solicitor will take care of your case.
Their job is to guide you through the meanders of law and help you claim your legal compensation. A solicitor can help you with your accident claim and solve your problems much easier and faster than if you tried to do it by yourself. Step by step, shall the specialists guide you through the process of claiming your compensation: injury assessment, medical reports, court case and final agreement.
And how much will you pay for all of it? Zero!
No win - no fee!
What would be the use of an accident solicitor if you had to pay him for nothing, especially when it wasn't your fault? It's even more an important question if you can't work and fees are an issue. You need to use a service based on 'no win no fee' agreement. It simply means that if you lose your case, you don't pay anything. And it's gets better: if you win, you gain all the compensation and the fee is recovered from the third party! This solution is both comfortable and safe for you.
Not only you don't pay the fee, but all the process of your claim is taken care off as well. Fees and bills are taken care off. From the initial contact to the final accident compensation settlement - you get all of it for free. No small print, no strings attached!
In Black And White
What's the use of an advisor if you don't understand what they're saying? Solicitors should explain all the nuances of the case in simple English, without any annoying jargon. Without catches or tricks, you get 100% of your accident compensation and they should take all the risk. Fees are paid only if your case is won and it is paid by the losers or their insurance company. An accident solicitor also pays all the costs of medical reports, court fees and any other expenses - none of these are deducted from your compensation. It is really that easy!
No Work - No Money?
If the accident results you being unable to work, the accident compensation may be the only money you can count on, so it's twice as important to claim it. You don't have to leave with empty pockets. Also, as being injured, dealing with the bureaucracy is even harder and more troublesome than usual. Why would you bother with the problems all by yourself? This is when an accident solicitor comes in to help.
No Stress!
Accidents themselves are painful enough, so do you really want to add the inconvenience of handling everything on your own? Let them do the work - they are the professionals and they should be there for you.
The perspective of a court case is never pleasant but with the help of an accident claim solicitor it may be avoided. If both sides agree with the accident facts, the claim can be settled without any court action, which makes it much faster and less inconvenient. What's also very important, the service prepared should be streamlined to make it comfortable as possible for you as a client. All the work should be done for you, so you don't have to worry about anything.
Any Doubts?
If you have any questions about the services of an accident solicitor, just ask them. Asking questions will make the path clear for you.
by: Mohammad Latif
How many times did you feel cheated or abused by companies which had used any available trick to gain your claim? Are you tired with all the sale tricks and sophisticated jargon? Well, you don't have to deal with it on your own anymore! An accident solicitor will take care of your case.
Their job is to guide you through the meanders of law and help you claim your legal compensation. A solicitor can help you with your accident claim and solve your problems much easier and faster than if you tried to do it by yourself. Step by step, shall the specialists guide you through the process of claiming your compensation: injury assessment, medical reports, court case and final agreement.
And how much will you pay for all of it? Zero!
No win - no fee!
What would be the use of an accident solicitor if you had to pay him for nothing, especially when it wasn't your fault? It's even more an important question if you can't work and fees are an issue. You need to use a service based on 'no win no fee' agreement. It simply means that if you lose your case, you don't pay anything. And it's gets better: if you win, you gain all the compensation and the fee is recovered from the third party! This solution is both comfortable and safe for you.
Not only you don't pay the fee, but all the process of your claim is taken care off as well. Fees and bills are taken care off. From the initial contact to the final accident compensation settlement - you get all of it for free. No small print, no strings attached!
In Black And White
What's the use of an advisor if you don't understand what they're saying? Solicitors should explain all the nuances of the case in simple English, without any annoying jargon. Without catches or tricks, you get 100% of your accident compensation and they should take all the risk. Fees are paid only if your case is won and it is paid by the losers or their insurance company. An accident solicitor also pays all the costs of medical reports, court fees and any other expenses - none of these are deducted from your compensation. It is really that easy!
No Work - No Money?
If the accident results you being unable to work, the accident compensation may be the only money you can count on, so it's twice as important to claim it. You don't have to leave with empty pockets. Also, as being injured, dealing with the bureaucracy is even harder and more troublesome than usual. Why would you bother with the problems all by yourself? This is when an accident solicitor comes in to help.
No Stress!
Accidents themselves are painful enough, so do you really want to add the inconvenience of handling everything on your own? Let them do the work - they are the professionals and they should be there for you.
The perspective of a court case is never pleasant but with the help of an accident claim solicitor it may be avoided. If both sides agree with the accident facts, the claim can be settled without any court action, which makes it much faster and less inconvenient. What's also very important, the service prepared should be streamlined to make it comfortable as possible for you as a client. All the work should be done for you, so you don't have to worry about anything.
Any Doubts?
If you have any questions about the services of an accident solicitor, just ask them. Asking questions will make the path clear for you.
Divorce – Lower Cost Alternatives to an Attorney
Divorce – Lower Cost Alternatives to an Attorney
by: Howard Iken
Many years ago hiring a divorce attorney was financially devastating for many people. Divorce was for the wealthy. The rest of us had no options. We had to beg, borrow, or steal to find the money for an attorney. But now there are more options than ever before for anyone facing a divorce.
Do Everything Yourself
“Doing everything yourself” has become an option in many states with the advent of approved self-help forms. For example, the state of Florida has produced a complete set of Family Law Self-Help forms. These forms have been carefully reviewed by the state Bar association and subsequently approved by the Florida Supreme Court. Each form is accompanied by instructions on proper use. Because Florida Statutes reference those self-help forms, they are accepted by all Florida courts. Many if not all states have adopted some type of self-help forms. You can usually download the forms from your state court website or purchase an inexpensive pack of forms at your local courthouse. The advantage: the forms are free and you do not need a lawyer to file them. The disadvantage: the instructions can be confusing, complex, and difficult to follow. And you may be sacrificing some serious legal rights without realizing you are doing so.
Online Forms Preparation Service
The internet has brought major changes to the delivery of legal services. One recent change is universal availability of online forms services. For a fee usually ranging around two hundred dollars these services will conduct an online interview and generate a custom set of forms, ready to file with the court in your area. These services are easy, quick, and as convenient as the nearest computer. The better services keep track of changes in each state and adjust their forms accordingly. The advantage: the forms are accurately and neatly filled out at an affordable cost. The disadvantage: same as “do-it-yourself – you are on your own during the divorce. There is no advice or help if something goes wrong.
Attorney – Forms Only Service
Florida and many other states have adopted a concept called “Unbundled Services.” This concept is an official recognition that many people want to hire an attorney for one small part of their case. They have access to expert advice at an affordable price. Many attorneys offer a form preparation service similar to the online services. The key difference is the forms are prepared or supervised by an attorney. The advantage: the security of knowing the forms are done correctly by a local expert. The disadvantage: you are still on your own during the divorce. However, because you established a relationship with an attorney, you may have access to the attorney for occasional advice if you run into difficulty.
So Which Option Should You Use?
Divorce can affect your relationship with your children, your present finances, and your finances during the next 30 years. What you do now can affect your life for many years. The simple answer: take the best option you can afford. If you can afford full representation from an attorney – that is best. If you cannot afford anything – the do-it-yourself method is best. But whichever route you take: educate yourself, proceed carefully, and educate yourself some more. Remember, knowledge is power. The person with the most knowledge always comes out ahead.
Copyright 2006 The Divorce Center P.A.
Many years ago hiring a divorce attorney was financially devastating for many people. Divorce was for the wealthy. The rest of us had no options. We had to beg, borrow, or steal to find the money for an attorney. But now there are more options than ever before for anyone facing a divorce.
Do Everything Yourself
“Doing everything yourself” has become an option in many states with the advent of approved self-help forms. For example, the state of Florida has produced a complete set of Family Law Self-Help forms. These forms have been carefully reviewed by the state Bar association and subsequently approved by the Florida Supreme Court. Each form is accompanied by instructions on proper use. Because Florida Statutes reference those self-help forms, they are accepted by all Florida courts. Many if not all states have adopted some type of self-help forms. You can usually download the forms from your state court website or purchase an inexpensive pack of forms at your local courthouse. The advantage: the forms are free and you do not need a lawyer to file them. The disadvantage: the instructions can be confusing, complex, and difficult to follow. And you may be sacrificing some serious legal rights without realizing you are doing so.
Online Forms Preparation Service
The internet has brought major changes to the delivery of legal services. One recent change is universal availability of online forms services. For a fee usually ranging around two hundred dollars these services will conduct an online interview and generate a custom set of forms, ready to file with the court in your area. These services are easy, quick, and as convenient as the nearest computer. The better services keep track of changes in each state and adjust their forms accordingly. The advantage: the forms are accurately and neatly filled out at an affordable cost. The disadvantage: same as “do-it-yourself – you are on your own during the divorce. There is no advice or help if something goes wrong.
Attorney – Forms Only Service
Florida and many other states have adopted a concept called “Unbundled Services.” This concept is an official recognition that many people want to hire an attorney for one small part of their case. They have access to expert advice at an affordable price. Many attorneys offer a form preparation service similar to the online services. The key difference is the forms are prepared or supervised by an attorney. The advantage: the security of knowing the forms are done correctly by a local expert. The disadvantage: you are still on your own during the divorce. However, because you established a relationship with an attorney, you may have access to the attorney for occasional advice if you run into difficulty.
So Which Option Should You Use?
Divorce can affect your relationship with your children, your present finances, and your finances during the next 30 years. What you do now can affect your life for many years. The simple answer: take the best option you can afford. If you can afford full representation from an attorney – that is best. If you cannot afford anything – the do-it-yourself method is best. But whichever route you take: educate yourself, proceed carefully, and educate yourself some more. Remember, knowledge is power. The person with the most knowledge always comes out ahead.
Copyright 2006 The Divorce Center P.A.
by: Howard Iken
Many years ago hiring a divorce attorney was financially devastating for many people. Divorce was for the wealthy. The rest of us had no options. We had to beg, borrow, or steal to find the money for an attorney. But now there are more options than ever before for anyone facing a divorce.
Do Everything Yourself
“Doing everything yourself” has become an option in many states with the advent of approved self-help forms. For example, the state of Florida has produced a complete set of Family Law Self-Help forms. These forms have been carefully reviewed by the state Bar association and subsequently approved by the Florida Supreme Court. Each form is accompanied by instructions on proper use. Because Florida Statutes reference those self-help forms, they are accepted by all Florida courts. Many if not all states have adopted some type of self-help forms. You can usually download the forms from your state court website or purchase an inexpensive pack of forms at your local courthouse. The advantage: the forms are free and you do not need a lawyer to file them. The disadvantage: the instructions can be confusing, complex, and difficult to follow. And you may be sacrificing some serious legal rights without realizing you are doing so.
Online Forms Preparation Service
The internet has brought major changes to the delivery of legal services. One recent change is universal availability of online forms services. For a fee usually ranging around two hundred dollars these services will conduct an online interview and generate a custom set of forms, ready to file with the court in your area. These services are easy, quick, and as convenient as the nearest computer. The better services keep track of changes in each state and adjust their forms accordingly. The advantage: the forms are accurately and neatly filled out at an affordable cost. The disadvantage: same as “do-it-yourself – you are on your own during the divorce. There is no advice or help if something goes wrong.
Attorney – Forms Only Service
Florida and many other states have adopted a concept called “Unbundled Services.” This concept is an official recognition that many people want to hire an attorney for one small part of their case. They have access to expert advice at an affordable price. Many attorneys offer a form preparation service similar to the online services. The key difference is the forms are prepared or supervised by an attorney. The advantage: the security of knowing the forms are done correctly by a local expert. The disadvantage: you are still on your own during the divorce. However, because you established a relationship with an attorney, you may have access to the attorney for occasional advice if you run into difficulty.
So Which Option Should You Use?
Divorce can affect your relationship with your children, your present finances, and your finances during the next 30 years. What you do now can affect your life for many years. The simple answer: take the best option you can afford. If you can afford full representation from an attorney – that is best. If you cannot afford anything – the do-it-yourself method is best. But whichever route you take: educate yourself, proceed carefully, and educate yourself some more. Remember, knowledge is power. The person with the most knowledge always comes out ahead.
Copyright 2006 The Divorce Center P.A.
Many years ago hiring a divorce attorney was financially devastating for many people. Divorce was for the wealthy. The rest of us had no options. We had to beg, borrow, or steal to find the money for an attorney. But now there are more options than ever before for anyone facing a divorce.
Do Everything Yourself
“Doing everything yourself” has become an option in many states with the advent of approved self-help forms. For example, the state of Florida has produced a complete set of Family Law Self-Help forms. These forms have been carefully reviewed by the state Bar association and subsequently approved by the Florida Supreme Court. Each form is accompanied by instructions on proper use. Because Florida Statutes reference those self-help forms, they are accepted by all Florida courts. Many if not all states have adopted some type of self-help forms. You can usually download the forms from your state court website or purchase an inexpensive pack of forms at your local courthouse. The advantage: the forms are free and you do not need a lawyer to file them. The disadvantage: the instructions can be confusing, complex, and difficult to follow. And you may be sacrificing some serious legal rights without realizing you are doing so.
Online Forms Preparation Service
The internet has brought major changes to the delivery of legal services. One recent change is universal availability of online forms services. For a fee usually ranging around two hundred dollars these services will conduct an online interview and generate a custom set of forms, ready to file with the court in your area. These services are easy, quick, and as convenient as the nearest computer. The better services keep track of changes in each state and adjust their forms accordingly. The advantage: the forms are accurately and neatly filled out at an affordable cost. The disadvantage: same as “do-it-yourself – you are on your own during the divorce. There is no advice or help if something goes wrong.
Attorney – Forms Only Service
Florida and many other states have adopted a concept called “Unbundled Services.” This concept is an official recognition that many people want to hire an attorney for one small part of their case. They have access to expert advice at an affordable price. Many attorneys offer a form preparation service similar to the online services. The key difference is the forms are prepared or supervised by an attorney. The advantage: the security of knowing the forms are done correctly by a local expert. The disadvantage: you are still on your own during the divorce. However, because you established a relationship with an attorney, you may have access to the attorney for occasional advice if you run into difficulty.
So Which Option Should You Use?
Divorce can affect your relationship with your children, your present finances, and your finances during the next 30 years. What you do now can affect your life for many years. The simple answer: take the best option you can afford. If you can afford full representation from an attorney – that is best. If you cannot afford anything – the do-it-yourself method is best. But whichever route you take: educate yourself, proceed carefully, and educate yourself some more. Remember, knowledge is power. The person with the most knowledge always comes out ahead.
Copyright 2006 The Divorce Center P.A.
How Are You Liable Under The Sarbanes Oxley Act
How Are You Liable Under The Sarbanes Oxley Act
by: Earl Powers
With the passage of the Sarbanes Oxley Act, two different legal routes for punishment were created, one for criminal penalties and one for civil penalties.
The civil penalties for the Sarbanes Oxley Act are listed under 15 U.S.C. §7241 (Section 302). These penalties are designed to make certain full and accurate financial disclosure is made, and requires signing officers to be personally accountable for the papers they are signing off on. Implicitly under the Sarbanes Oxley Act, they are agreeing that they're responsible for establishing and maintaining internal controls, and that they have ensured that all of a company's material information necessary for investors to make intelligent decisions is made known by internal procedures of the company.
This guarantees that, unlike the MCI and Enron officers of yesterday, tomorrow's executives cannot plead ignorance. If they are ignorant of the daily finances of their own company, they have no one but themselves to blame. After all, they were the ones who designed the internal controls and promised to ensure these controls worked properly.
In addition, under the Sarbanes Oxley Act officers are required to evaluate the effectiveness of these controls, and to report on their conclusions after the testing.
Section 404 also requires that management produce an internal control report for each annual Exchange Act report. These reports guarantee every year that management signed off for responsibility on under the requirements of the Sarbanes Oxley act. Ultimately, Congress has made the SEC responsible for ensuring regulations related to these provisions are communicated and enforced.
Criminal Penalties for Violating the Sarbanes Oxley Act
Criminal penalties for the Sarbanes Oxley Act are found under 18 U.S.C. §1350 (Section 906). Among them are:
1. a whistleblower's protection clause;
2. a clause invoking criminal penalties if corporations destroy, alter, or conceal documents relating to a criminal or civil investigation by the Federal government, or that relate to a bankruptcy proceeding;
3. a clause extending criminal liability to accountants who do not maintain a complete audit paper trail.
Federal mail fraud statutes have been extended to cover many fraudulent business practices associated with the Sarbanes Oxley Act and very serious criminal as well as civil penalties for corporate officers who certify financial statements as accurate when they are aware that these statements are not.
Corporate officers are highly liable in many phases of the Sarbanes Oxley Act. Moreover, ignorance is not an acceptable excuse. Corporate officers are expected to be accountable for the contents of anything they sign off on, and if they don't know what's in the document it's considered to be their own fault.
Oddly, the one item not specifically listed as making you liable for either civil or criminal penalty is not signing off on financial statements at all. This may be to prevent corporate officers who dispute the accuracy of a statement from being damaged by someone else's errors.
In order to protect yourself from penalties in the Sarbanes Oxley Act, you should get some sort of training on how the Sarbanes Oxley Act affects you specifically. For larger corporations, complete training for each section of your company affected, as well as overall training to let each section know how the Sarbannes-Oxley Act affects the company at large, is recommended.
by: Earl Powers
With the passage of the Sarbanes Oxley Act, two different legal routes for punishment were created, one for criminal penalties and one for civil penalties.
The civil penalties for the Sarbanes Oxley Act are listed under 15 U.S.C. §7241 (Section 302). These penalties are designed to make certain full and accurate financial disclosure is made, and requires signing officers to be personally accountable for the papers they are signing off on. Implicitly under the Sarbanes Oxley Act, they are agreeing that they're responsible for establishing and maintaining internal controls, and that they have ensured that all of a company's material information necessary for investors to make intelligent decisions is made known by internal procedures of the company.
This guarantees that, unlike the MCI and Enron officers of yesterday, tomorrow's executives cannot plead ignorance. If they are ignorant of the daily finances of their own company, they have no one but themselves to blame. After all, they were the ones who designed the internal controls and promised to ensure these controls worked properly.
In addition, under the Sarbanes Oxley Act officers are required to evaluate the effectiveness of these controls, and to report on their conclusions after the testing.
Section 404 also requires that management produce an internal control report for each annual Exchange Act report. These reports guarantee every year that management signed off for responsibility on under the requirements of the Sarbanes Oxley act. Ultimately, Congress has made the SEC responsible for ensuring regulations related to these provisions are communicated and enforced.
Criminal Penalties for Violating the Sarbanes Oxley Act
Criminal penalties for the Sarbanes Oxley Act are found under 18 U.S.C. §1350 (Section 906). Among them are:
1. a whistleblower's protection clause;
2. a clause invoking criminal penalties if corporations destroy, alter, or conceal documents relating to a criminal or civil investigation by the Federal government, or that relate to a bankruptcy proceeding;
3. a clause extending criminal liability to accountants who do not maintain a complete audit paper trail.
Federal mail fraud statutes have been extended to cover many fraudulent business practices associated with the Sarbanes Oxley Act and very serious criminal as well as civil penalties for corporate officers who certify financial statements as accurate when they are aware that these statements are not.
Corporate officers are highly liable in many phases of the Sarbanes Oxley Act. Moreover, ignorance is not an acceptable excuse. Corporate officers are expected to be accountable for the contents of anything they sign off on, and if they don't know what's in the document it's considered to be their own fault.
Oddly, the one item not specifically listed as making you liable for either civil or criminal penalty is not signing off on financial statements at all. This may be to prevent corporate officers who dispute the accuracy of a statement from being damaged by someone else's errors.
In order to protect yourself from penalties in the Sarbanes Oxley Act, you should get some sort of training on how the Sarbanes Oxley Act affects you specifically. For larger corporations, complete training for each section of your company affected, as well as overall training to let each section know how the Sarbannes-Oxley Act affects the company at large, is recommended.
FAQ on Fosamax Lawsuits
FAQ on Fosamax Lawsuits
by: Enilce Teixeira
Why do doctors prescribe Fosamax?
Fosamax is often prescribed to osteoporosis patients and advanced cancer and Paget’s disease patients in order to help fight the thinning of bone common in those diseases.
Nearly 10 million people use or have taken Fosamax, the most popular drug in a class of bone-building drugs called bisphosphonates that have now been linked by the FDA an d medical researchers to thousands of cases of dead jaw. Fosamax is usually taken in pill form on an empty stomach.
Most users are prescribed Fosamax to treat symptoms of the bone-thinning disease osteoporosis – a disease that is especially common in post-menopausal women. Mounting evidence now suggests that millions of osteoporosis and other patients who take or have taken Fosamax may be at risk for this usually rare condition.
Why a Fosamax lawsuit?
Big drug companies have a responsibility to warn innocent consumers like you about serious side effects like osteonecrosis of the jaw. A number of Fosamax users have already filed a Fosamax lawsuit in federal court against the drug’s manufacturer, Merck & Co., claiming that Merck knew about this dangerous and debilitating side effect yet failed to act to protect the innocent public
According to the plaintiffs in this Fosamax lawsuit, “Fosamax is a defective product because it can cause osteonecrosis of the jaw, or a rotting of the jaw bone. The suit, which seeks class action status, alleges that Merck concealed and continues to hide Fosamax’s potentially dangerous side effects from patients and doctors.” – Theresa Agovino, “Lawsuit Alleges Merck Negligent,” Washington Post (April 12, 2006).
Is a Fosamax attorney right for me?
Justice demands that huge and profitable pharmaceutical companies like Merck be held accountable for their actions. People who suffer from dead jaw or other serious side effects brought on by Fosamax or similar drugs may be eligible to receive compensation for their medical expenses, lost wages, pain and suffering if the drug’s maker has not properly warned the consumer about the serious health risks associated with the drug.
If you or a loved has taken the osteoporosis medication Fosamax or other bone-density medication like Actonel or Boniva and experienced symptoms of jaw death or other serious medical complications, you are strongly encouraged to visit a dentist. We are not doctors or dentists and can not give you medical advice. However, if the dentist diagnoses the problem as ONJ (jaw necrosis), call an experienced Hissey Kientz attorney at 1-866-275-4454 to find out how you can protect your legal rights.
Our law firm has years of experience handling drug lawsuits against big pharmaceutical companies like Merck. We strive to get the best possible results for our clients, and we handle drug cases for clients all over the United States. The compassionate and experienced Fosamax attorneys at Hissey Kientz will work hard to understand your situation and give you the best possible legal advice.
by: Enilce Teixeira
Why do doctors prescribe Fosamax?
Fosamax is often prescribed to osteoporosis patients and advanced cancer and Paget’s disease patients in order to help fight the thinning of bone common in those diseases.
Nearly 10 million people use or have taken Fosamax, the most popular drug in a class of bone-building drugs called bisphosphonates that have now been linked by the FDA an d medical researchers to thousands of cases of dead jaw. Fosamax is usually taken in pill form on an empty stomach.
Most users are prescribed Fosamax to treat symptoms of the bone-thinning disease osteoporosis – a disease that is especially common in post-menopausal women. Mounting evidence now suggests that millions of osteoporosis and other patients who take or have taken Fosamax may be at risk for this usually rare condition.
Why a Fosamax lawsuit?
Big drug companies have a responsibility to warn innocent consumers like you about serious side effects like osteonecrosis of the jaw. A number of Fosamax users have already filed a Fosamax lawsuit in federal court against the drug’s manufacturer, Merck & Co., claiming that Merck knew about this dangerous and debilitating side effect yet failed to act to protect the innocent public
According to the plaintiffs in this Fosamax lawsuit, “Fosamax is a defective product because it can cause osteonecrosis of the jaw, or a rotting of the jaw bone. The suit, which seeks class action status, alleges that Merck concealed and continues to hide Fosamax’s potentially dangerous side effects from patients and doctors.” – Theresa Agovino, “Lawsuit Alleges Merck Negligent,” Washington Post (April 12, 2006).
Is a Fosamax attorney right for me?
Justice demands that huge and profitable pharmaceutical companies like Merck be held accountable for their actions. People who suffer from dead jaw or other serious side effects brought on by Fosamax or similar drugs may be eligible to receive compensation for their medical expenses, lost wages, pain and suffering if the drug’s maker has not properly warned the consumer about the serious health risks associated with the drug.
If you or a loved has taken the osteoporosis medication Fosamax or other bone-density medication like Actonel or Boniva and experienced symptoms of jaw death or other serious medical complications, you are strongly encouraged to visit a dentist. We are not doctors or dentists and can not give you medical advice. However, if the dentist diagnoses the problem as ONJ (jaw necrosis), call an experienced Hissey Kientz attorney at 1-866-275-4454 to find out how you can protect your legal rights.
Our law firm has years of experience handling drug lawsuits against big pharmaceutical companies like Merck. We strive to get the best possible results for our clients, and we handle drug cases for clients all over the United States. The compassionate and experienced Fosamax attorneys at Hissey Kientz will work hard to understand your situation and give you the best possible legal advice.
Sarbanes Oxley Section 404 Or Was That Page Not Found 404!
Sarbanes Oxley Section 404 Or Was That Page Not Found 404!
by: Earl Powers
Sarbanes Oxley 404 refers to the section 404 of the Sarbanes Oxley act according to which it entitles to have stricter internal controls while documenting the financial status of the company. Most of the senior executive in the top corporate world emphasize on compliance with Sarbanes Oxley 404 section.
Sarbanes Oxley 404 is directed towards management, members of corporate teams working toward assessment of internal controls over financial reporting and audit committee members. It resolves a number of important issues that pertain to the Sarbanes Oxley 404 compliance of management’s assessment process.
Sarbanes Oxley 404 relates to management’s overall responsibilities, over financial reporting. It gives management to have stringent controls over the total process of assessment and documentation of company’s financial status. Although several help guides and complete illustrations of the Act are available in the market but the management should consult with auditors or professionals like a legal counsel to understand the total compliance with the Sarbanes Oxley 404 section.
Sarbanes Oxley 404 also illustrates information that helps in assistance of audit committee members and company management to understand their individual roles. It also points an overview to the added new responsibilities of the key executives in helping the total process of documentation as per the compliance of Sarbanes Oxley Act.
Sarbanes Oxley 404 also helps audit committee members to understand their broader duties, and to clarify the issues faced by senior executives. After the signing of the Sarbanes Oxley act in 2002 the senior executives are faced with greater potential exposure to personal liability towards the total documentation process of the financial status of the company.
There are several vendors that offer Sarbanes Oxley software which specially deals with particular section of the act. Software offered by OpenPages especially refers to Sarbanes Oxley 404. It allows the company to automate the quarterly test and review of internal controls to lower the costs associated with compliance to the act over each quarter. This software offered by OpenPages has user-specific home pages. It also contain various other features that make is more friendly to use. These features are mainly easy navigation, capability to create interactive report, integration of email feature. This software also holds key areas of functionality. These issues refer to issue management and monitoring, management of the project, documentation and compliance automation.
After the compliance with Sarbanes Oxley 404 many executives feel that there has been a lot of improvement in company’s documentation procedure after using the Sarbanes Oxley software offered by various vendors. Majority of key executives felt the need to have compliance with the law as it provides more transparent results and financial status of the company. It also offers more controls to key executives over documentation procedures.
by: Earl Powers
Sarbanes Oxley 404 refers to the section 404 of the Sarbanes Oxley act according to which it entitles to have stricter internal controls while documenting the financial status of the company. Most of the senior executive in the top corporate world emphasize on compliance with Sarbanes Oxley 404 section.
Sarbanes Oxley 404 is directed towards management, members of corporate teams working toward assessment of internal controls over financial reporting and audit committee members. It resolves a number of important issues that pertain to the Sarbanes Oxley 404 compliance of management’s assessment process.
Sarbanes Oxley 404 relates to management’s overall responsibilities, over financial reporting. It gives management to have stringent controls over the total process of assessment and documentation of company’s financial status. Although several help guides and complete illustrations of the Act are available in the market but the management should consult with auditors or professionals like a legal counsel to understand the total compliance with the Sarbanes Oxley 404 section.
Sarbanes Oxley 404 also illustrates information that helps in assistance of audit committee members and company management to understand their individual roles. It also points an overview to the added new responsibilities of the key executives in helping the total process of documentation as per the compliance of Sarbanes Oxley Act.
Sarbanes Oxley 404 also helps audit committee members to understand their broader duties, and to clarify the issues faced by senior executives. After the signing of the Sarbanes Oxley act in 2002 the senior executives are faced with greater potential exposure to personal liability towards the total documentation process of the financial status of the company.
There are several vendors that offer Sarbanes Oxley software which specially deals with particular section of the act. Software offered by OpenPages especially refers to Sarbanes Oxley 404. It allows the company to automate the quarterly test and review of internal controls to lower the costs associated with compliance to the act over each quarter. This software offered by OpenPages has user-specific home pages. It also contain various other features that make is more friendly to use. These features are mainly easy navigation, capability to create interactive report, integration of email feature. This software also holds key areas of functionality. These issues refer to issue management and monitoring, management of the project, documentation and compliance automation.
After the compliance with Sarbanes Oxley 404 many executives feel that there has been a lot of improvement in company’s documentation procedure after using the Sarbanes Oxley software offered by various vendors. Majority of key executives felt the need to have compliance with the law as it provides more transparent results and financial status of the company. It also offers more controls to key executives over documentation procedures.
A Fraud Lawsuit Under California Law
A Fraud Lawsuit Under California Law
by: Michael Abney
Fraud Lawsuits in California
The various ways a victim can be defrauded are as limitless as the bounds of human ingenuity. But under California law, wrongful actions are generally characterized as civil "fraud" only under one of the following legal theories:
1. Intentional Misrepresentation. Probably the most common type of fraud is a false statement. But not every false statement is fraudulent. The elements of a claim for intentional misrepresentation are:
a. An intentionally or recklessly false statement of fact. Not every false statement is a false statement of "fact." Statements of opinion generally are not actionable. Sales talk, or "puffing" ("This is the best location in the county!"), is generally not actionable. However, if the defendant claims to be an expert or there are other reasons to expect that the victim would rely upon the defendant’s opinion as a statement of "fact," an opinion may be treated by the court as a statement of fact. Also, a statement need not be made directly to the victim. For instance, if the defendant made the false statement to a third person with the expectation that the statement would be repeated to the victim, the victim may have a valid claim for fraudulent misrepresentation.
b. Intention to defraud. If a representation of fact was intentionally false and a material part of the transaction (e.g., "this house does not have flooding problems"), it is likely the false promise was made with the intention to defraud the victim.
c. Reasonable reliance upon the false statement. The victim must have actually relied upon the statement to change his or her position (e.g., the victim would not have purchased the house if he or she knew the truth). The false statement need not be the only reason the victim changed his or her position, but it must be at least part of the reason. Also, the victim’s reliance on the false statement must be reasonable. If the victim knew or should have known the statement was false, the victim did not reasonably rely. The sophistication of the victim will play a role in determining whether his or her reliance on the statement was reasonable; e.g., a sophisticated real estate investor’s reliance on a representation about the qualities of a house may not be reasonable while an unsophisticated buyer’s reliance may be. Even an unsophisticated victim, however, "may not put faith in representations which are preposterous, or which are shown by facts within his observation to be so patently and obviously false that he must have closed his eyes to avoid discovery of the truth." Seeger v. Odell (1941) 18 Cal. 2d 409.
d. Resulting in damages. There must be measurable damages that were caused by the fraud. It is not enough that the victim was told a lie (e.g., "A famous movie star once slept in this house"); the victim must also be able to prove some type of damage resulted from the lie.
2. Negligent Misrepresentation. A claim for negligent misrepresentation is generally the same as a claim for intentional misrepresentation, except the victim must only prove the defendant did not have "a reasonable basis" to believe its statement of fact was true (as opposed to proving the defendant knew its statement was false). If the defendant’s false statement was both honestly made and based upon reasonable grounds, however, there is no claim. Punitive damages are not available for negligent misrepresentations.
3. Concealment. A claim for fraud may also arise if the defendant concealed or failed to disclose a material fact during a transaction, causing damage to the victim. The elements of a claim for fraudulent concealment are:
a. The defendant failed to disclose or concealed a material fact with an intent to defraud the victim.
b. The defendant had a duty to disclose. There is not always a duty to disclose facts during a transaction. If there is a duty, it generally arises in one of four different circumstances: (i) The defendant is in a "fiduciary relationship" (such as being a partner) with the victim; or (ii) The defendant took steps to hide important information from the victim (as opposed to simply failing to tell the victim); or (iii) The defendant disclosed some information to the victim, but the disclosed information is misleading unless more information is given; or (iv) The defendant is aware of key information and knows the victim is unlikely to discover that information. In addition, California laws may create a duty to disclose in certain transactions. For example, sellers of residential property in California generally are required to make written disclosures about the condition of the house.
c. The victim must have been unaware of the fact and would not have acted as he or she did if he or she knew of the fact.
d. The victim sustained damages as a result of the concealment.
4. False Promise. A claim of fraud may arise if a defendant entered into a contract and made promises that it never intended to perform. The elements of a false promise claim are:
a. The defendant made a promise.
b. The promise was important to the transaction.
c. At the time he or she made the promise, the defendant did not intend to perform it.
d. The defendant intended the victim to rely upon the promise.
e. The victim reasonably relied upon the promise.
f. The defendant did not perform the promise.
g. The victim was harmed as a result of defendant not carrying out his or her promise.
h. The victim’s reliance on the defendant’s promise was a substantial factor in causing the victim’s harm.
It is important to understand that a broken promise, alone, is not a sufficient basis for a fraud claim. More than a mere broken promise is required. The victim must also prove that the defendant did not intend to perform the promise at the time the promise was made. In practice, it is usually difficult to tell the difference between a broken promise and a promise made without an intention to perform. Courts generally look for circumstantial evidence to support a false promise claim (as opposed to a broken promise claim), such as the defendant broke its promise immediately after making it.
Characterization of a claim as fraud has many advantages to a victim; primarily, the victim may be able to recover punitive damages in addition to actual damages. Also, the measure of damages is generally more liberal under fraud and other "tort" theories, allowing victims a more complete recovery. But even if a wrongful action does not fall under the definition of "fraud," it still may lead to a valid legal claim. For instance, a broken promise - while not necessarily fraudulently - may still constitute a valid breach of contract claim. While punitive damages and emotional distress damages are generally not available for breach of contract in California, the victim still should be able to recover his or her monetary damages.
This article constitutes general information only and should not be relied upon as legal advice.
by: Michael Abney
Fraud Lawsuits in California
The various ways a victim can be defrauded are as limitless as the bounds of human ingenuity. But under California law, wrongful actions are generally characterized as civil "fraud" only under one of the following legal theories:
1. Intentional Misrepresentation. Probably the most common type of fraud is a false statement. But not every false statement is fraudulent. The elements of a claim for intentional misrepresentation are:
a. An intentionally or recklessly false statement of fact. Not every false statement is a false statement of "fact." Statements of opinion generally are not actionable. Sales talk, or "puffing" ("This is the best location in the county!"), is generally not actionable. However, if the defendant claims to be an expert or there are other reasons to expect that the victim would rely upon the defendant’s opinion as a statement of "fact," an opinion may be treated by the court as a statement of fact. Also, a statement need not be made directly to the victim. For instance, if the defendant made the false statement to a third person with the expectation that the statement would be repeated to the victim, the victim may have a valid claim for fraudulent misrepresentation.
b. Intention to defraud. If a representation of fact was intentionally false and a material part of the transaction (e.g., "this house does not have flooding problems"), it is likely the false promise was made with the intention to defraud the victim.
c. Reasonable reliance upon the false statement. The victim must have actually relied upon the statement to change his or her position (e.g., the victim would not have purchased the house if he or she knew the truth). The false statement need not be the only reason the victim changed his or her position, but it must be at least part of the reason. Also, the victim’s reliance on the false statement must be reasonable. If the victim knew or should have known the statement was false, the victim did not reasonably rely. The sophistication of the victim will play a role in determining whether his or her reliance on the statement was reasonable; e.g., a sophisticated real estate investor’s reliance on a representation about the qualities of a house may not be reasonable while an unsophisticated buyer’s reliance may be. Even an unsophisticated victim, however, "may not put faith in representations which are preposterous, or which are shown by facts within his observation to be so patently and obviously false that he must have closed his eyes to avoid discovery of the truth." Seeger v. Odell (1941) 18 Cal. 2d 409.
d. Resulting in damages. There must be measurable damages that were caused by the fraud. It is not enough that the victim was told a lie (e.g., "A famous movie star once slept in this house"); the victim must also be able to prove some type of damage resulted from the lie.
2. Negligent Misrepresentation. A claim for negligent misrepresentation is generally the same as a claim for intentional misrepresentation, except the victim must only prove the defendant did not have "a reasonable basis" to believe its statement of fact was true (as opposed to proving the defendant knew its statement was false). If the defendant’s false statement was both honestly made and based upon reasonable grounds, however, there is no claim. Punitive damages are not available for negligent misrepresentations.
3. Concealment. A claim for fraud may also arise if the defendant concealed or failed to disclose a material fact during a transaction, causing damage to the victim. The elements of a claim for fraudulent concealment are:
a. The defendant failed to disclose or concealed a material fact with an intent to defraud the victim.
b. The defendant had a duty to disclose. There is not always a duty to disclose facts during a transaction. If there is a duty, it generally arises in one of four different circumstances: (i) The defendant is in a "fiduciary relationship" (such as being a partner) with the victim; or (ii) The defendant took steps to hide important information from the victim (as opposed to simply failing to tell the victim); or (iii) The defendant disclosed some information to the victim, but the disclosed information is misleading unless more information is given; or (iv) The defendant is aware of key information and knows the victim is unlikely to discover that information. In addition, California laws may create a duty to disclose in certain transactions. For example, sellers of residential property in California generally are required to make written disclosures about the condition of the house.
c. The victim must have been unaware of the fact and would not have acted as he or she did if he or she knew of the fact.
d. The victim sustained damages as a result of the concealment.
4. False Promise. A claim of fraud may arise if a defendant entered into a contract and made promises that it never intended to perform. The elements of a false promise claim are:
a. The defendant made a promise.
b. The promise was important to the transaction.
c. At the time he or she made the promise, the defendant did not intend to perform it.
d. The defendant intended the victim to rely upon the promise.
e. The victim reasonably relied upon the promise.
f. The defendant did not perform the promise.
g. The victim was harmed as a result of defendant not carrying out his or her promise.
h. The victim’s reliance on the defendant’s promise was a substantial factor in causing the victim’s harm.
It is important to understand that a broken promise, alone, is not a sufficient basis for a fraud claim. More than a mere broken promise is required. The victim must also prove that the defendant did not intend to perform the promise at the time the promise was made. In practice, it is usually difficult to tell the difference between a broken promise and a promise made without an intention to perform. Courts generally look for circumstantial evidence to support a false promise claim (as opposed to a broken promise claim), such as the defendant broke its promise immediately after making it.
Characterization of a claim as fraud has many advantages to a victim; primarily, the victim may be able to recover punitive damages in addition to actual damages. Also, the measure of damages is generally more liberal under fraud and other "tort" theories, allowing victims a more complete recovery. But even if a wrongful action does not fall under the definition of "fraud," it still may lead to a valid legal claim. For instance, a broken promise - while not necessarily fraudulently - may still constitute a valid breach of contract claim. While punitive damages and emotional distress damages are generally not available for breach of contract in California, the victim still should be able to recover his or her monetary damages.
This article constitutes general information only and should not be relied upon as legal advice.
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