Posted by Frankie on Dec 3, 2016 in Business Law | 0 comments
“Insider trading” is a term most investors associate with illegal conduct; however, according to the U.S. Securities and Exchange Commission, the term may be used to refer to both legal and illegal conduct. Its legal version refers to officers, directors, and employees and other corporate insiders buying and selling stock in their own companies (trading activities conducted by corporate insiders in their own securities must be reported to the SEC).
Illegal insider trading, on the other hand, refers “to buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security. Insider trading violations may also include ‘tipping’ such information, securities trading by the person ‘tipped,’ and securities trading by those who misappropriate such information.”
Insider trading cases include cases against:
Corporate officers, directors, and employees who, after learning of substantial and confidential corporate developments, trade their corporation’s securities;
“Tippees” of corporate officers, directors, and employees, which include bBusiness associates, friends, and family members, who trade the securities after getting to know of such corporate developments;
Employees of printing firms, banking, brokerage and law who were given information on such corporate developments to provide services to the corporation whose securities they are supposed to trade;
Government employees, who learns of such information by virtue of their employment in the government; and,
All others who misuse, and take advantage of, confidential information from their employers.
Detection and prosecution of insider trading violations is one of SEC’s enforcement priorities mainly because it damages the confidence and belief of investors have in the objectivity and integrity of the securities market.
To monitor illegal insider trading, the SEC looks at the trading volumes of stocks. Increase in volume of stocks usually occur after information or material news is issued to the public; however, if volumes rise dramatically despite there being no public issuance of information, then the SEC will consider this as a warning flag and so investigate to determine who may be responsible for the unusual trading and whether it was illegal.
As explained by Houston securities litigation lawyers, the actions of a dishonest insider, investment adviser or stockbroker can be enough to cause irreparable harm to your investments, your financial security, and your future. As devastating as it can be when your investments take a hit, it is important to remember that investors are protected under a range of state and federal trade laws. As such, there is a good chance you will be able to take legal action against whoever is found to be responsible for the illegal or unethical actions that culminated in your losses.
Posted by Frankie on Oct 24, 2016 in Taxotere Lawsuit | 0 comments
French drug manufacturer Sanofi Aventis has been under fire as of late in relation to its chemotherapy drug Taxotere. The company has been the subject of lawsuits from breast cancer patients for not warning them of a serious side effect of the drug—permanent alopecia. Although hair loss is one of the common side effects of chemotherapy, taxotere has reportedly resulted to permanent hair loss.
The serious side effects of taxotere had not been known until December 2015 when the FDA has issued a warning on its label for its possible adverse reactions. Before that time, taxotere was the most popular drug used in chemotherapy. According to the website of Williams Kherkher, approximately 10 – 15% of women who used taxotere during treatment reported no hair growth for as long as ten years after stopping treatment.
Sanofi Aventis made around $1.4 billion per year for selling Taxotere. However, it was made at the expense of cancer patients who depended on the drug for survival and a possible chance of prolonging their life. Most of the lawsuits centered around Sanofi’s failure to determine the safety of Taxotere and its failure to warn patients of the risks associated with Taxotere. The plaintiffs also claimed that Sanofi misled them by saying that their hair will grow back but it did not. According to the plaintiffs, if they had known of the risks, they would have used other drugs for their treatment.
Taxotere can have serious consequences on a cancer patient. It could affect them emotionally and financially as well. If not for the drug, the patient would still have been earning much for their family. The good news is that there is still hope and those who have suffered may be able to recover damages and make the responsible parties liable for what they have done.
Taxotere lawsuits are covered by statute of limitations depending on the state so you must file the case within the time frame for filing a lawsuit.
Taxotere, (with the generic name, Docetaxel) is a cancer medication that was approved by the U.S. Food and Drug Administration for the treatment of a variety of cancers including non-small cell lung cancer, prostate cancer, breast cancer, gastric cancer, and head and neck cancer.
Taxotere belongs to a family of chemotherapy drugs known as plant alkaloids. Chemotherapy is a form of treatment where cancer cells are killed; this is done by stopping cell division. Taxotere works by damaging the RNA or DNA, which informs the cells how to copy themselves while they divide. Cells that fail to divide die, resulting to the shrinking of cancerous tumors.
Some chemotherapy drugs are called cell-cycle specific; these are drugs that affect cells but only when they are dividing. Taxotere is one kind of drug that is cell-cycle specific. As a chemotherapy drug, it affects the blood cells that are found in the mouth, stomach and bowel, and hair follicles; this can result in low blood count, mouth sore, nausea, diarrhea, and/or hair loss (affected part of the body depends on the type of drug used).
For the past couple of years, women, who suffered from breast cancer and had been treated with Taxotere, have continuously surfaced to file lawsuits against Sanofi-Aventis, the manufacturer of Taxotere. The lawsuits filed are based on the drug’s side-effect, called alopecia, or permanent hair loss.
According to the law firm Williams Kherkher, Taxotere had been used to treat about 75% of all women in the U.S. who have, or formerly had, breast cancer. One big question they all ask is why, despite the availability of alternative chemotherapy drugs that were at least as -if not more – effective, doctors continued to recommend Taxotere without even informing them of the significantly increased chance of permanent hair loss.
Aside from loss of enjoyment of life, permanent baldness in women can also lead to psychological damage, additional medical expenses, and lost wages for cancer survivors who only wish to return to a normal life.
Compared to passenger cars or light pickup trucks which would require about 316 feet before coming to a full stop, an 18-wheeler will travel about 525 feet before it comes to a full halt; this, by the way, is speaking of a truck’s braking system that is in good working condition. Now, if a defect in a truck’s braking capability (a defective truck brake is a major factor in truck crashes) can result to severe injuries and deaths, imagine what crashes would result to if, besides the defective breaking system, the driver operating the truck is also alcohol-impaired, fatigued, sleepy or distracted.
A truck’s longer stopping distance, its size and weight, as well as errors committed by drivers, are factors that make these huge vehicles threats on the road, especially to regular passenger cars. It is also due to these factors why the Federal Motor Carrier Safety Administration (FMCSA) requires that a truck’s braking system should be able to ensure the safe and reliable stopping of this commercial motor vehicle (the FMCSA is an agency within the US Department of Transportation that is tasked to regulate the trucking industry in the US).
The most commonly identified causes of brake failure include:
- Thinning or wearing out of brake pads
- Brakes overheating
- Brakes getting suffused with grease or oil
- Brakes out of adjustment
- Use of substandard parts in the manufacture of brake parts
- Disconnected, damaged, or punctured hydraulic fluid lines
- Poor air pressure
- Failure of brakes and/or brake components to meet the set standard on construction, installation and maintenance
- Worn out tires
When a truck’s braking system malfunctions, it can be the due to the negligence of:
- The manufacturer, who may have failed to comply with the standard set under the law;
- The driver, who may have failed to perform a pre-trip inspection of his/her truck’s braking
- The employer, who may be guilty of depowering the truck’s front brakes, relying instead on the brakes
of the trailer, in order to minimize wearing out of tires and brakes; and,
- Those who failed to evenly distribute the truck’s load,or failed to conduct regular maintain checks on
On its website, the Sampson Law Firm speaks of the serious injuries that victims of truck accidents can suffer from. Besides the injuries, however, there is also the likelihood that these victims will suffer mounting financial costs, as well as be deprived by many insurance companies of the full compensation that they deserve.
Posted by Frankie on Nov 24, 2015 in Personal Injury | 0 comments
Emotions are recognized to run high in anxiety situations, especially in cases wherein there has been the loss of human life. The dead person could have been the main resource of revenue for a family, departing several folks abruptly without financial means.
Additionally, there are then the expenses brought on medications or by any doctor’s bills triggered before the death as well as taking good care of whatnot and the funeral. These can be a hard time for anyone and, therefore, it is vital when the death was triggered a guilty party’s culpable actions, authorized action must be taken.
There are numerous particulars as it pertains to a wrongful death claim that come into play. It may be a trying period for anyone as there must then be investigations and inquests using the attentiveness to the essence of the death that must be discovered in order concerned to correctly represent the case in a tribunal.
This is, obviously, certainly tough to believe about – particularly considering that the lesion of the despair is still, therefore, clean, there is not a whole lot of time that’s left for anyone left out to seek justice with this inappropriate action as a result of the fact that there are strict deadlines which come into play when it comes to cases such as this.
If you or somebody you knows is now having to endure through the loss of a loved one because of the dangerous or irresponsible actions of another party, an accident lawyer would probably inform you that you might be justified so as to receive due reimbursement for the abrupt loss.
Though it is certainly true that there is absolutely no amount of cash that could actually replace the life that has been taken to you personally, there is some little comfort and consolation to be had when you will be allowed the easiest transition back into something close to normal as soon as possible.
Posted by Frankie on Aug 1, 2015 in Injury Lawsuits | 0 comments
Gastritis refers to a number of conditions that are all primarily characterized by the inflammation of the stomach lining. These conditions can cause a variety of symptoms. Patients with gastritis particularly experience having a burning ache in their upper abdomen, nausea, vomiting, and bloating or feeling full after eating. In severe cases, gastritis can also cause a patient to vomit blood, have blood in their stools, or have stools that appear black in color.
There are several reasons why patients develop gastritis. Anything that could cause weakness in the mucus barrier lining the stomach walls can be a cause for concern. Risk factors include bacterial infection, excessive alcohol intake, stress, and old age. Gastritis is also a common side effect of certain types of medication. For example, the regular use of pain relieving medication such as aspirin, naproxen, and ibuprofen can have a profound effect on a person’s stomach lining. Another medication known to cause gastritis is the blood thinning drug called Xarelto.
While gastritis might seem like a minor condition, it can cause a host of complications when left untreated. The biggest danger is stomach ulcers and stomach bleeding. This is particularly true for gastritis caused by Xarelto, as the drug has been noted to cause adverse gastrointestinal bleeding in some cases. In rare instances, gastritis might also increase one’s risk of developing stomach cancer later in life.
Patients experiencing the early signs of gastritis will need to be sensitive to their symptoms and seek medical attention right away. In cases where gastritis is caused as a side effect to taking Xarelto, patients also have the choice to seek recourse through legal action against the drug’s manufacturers. As noted by Williams Kherkher Law Firm, the occurrence of such side effects happens when pharmaceuticals fail to fully disclose the possible effects caused by their products. Since gastritis can easily lead to alarming complications, patients taking Xarelto need to be aware of the risks involved in their treatment plans.
Posted by Frankie on Apr 4, 2015 in Injury Lawsuits | 0 comments
As the body ages, health deteriorates and becomes more susceptible to certain medical conditions. Many of these medical conditions can be life-threatening or cause permanent health issues that diminish the quality of life for a person. One such disorder is gastrointestinal bleeding, or excessive bleeding in the digestive tract. Over 70 percent of upper gastrointestinal bleeding occurs in elderly patients or individuals over the age of 60.
Elderly men and women are more likely to suffer from comorbid illnesses such as pulmonary and cardiovascular diseases. The most common occurrence of this is peptic ulcer disease. This is when there is mucosal damage to the gastrointestinal tract. This happens to around 500,000 people each year, of which the majority of cases are over the age of 50. Peptic ulcer disease is the leading cause of upper gastrointestinal bleeding in elderly patients.
Diverticulosis is the most common reason for gastrointestinal bleeding in the lower digestive tract. This is a condition that constitutes the development of small pouches in the digestive tract, such as alone the wall of the colon or large intestine. According to the website of a lawyer from Williams Kherkher, gastrointestinal bleeding can cause severe pain and require expensive medical attention.
In order to treat the frequency of diseases and surgeries that may cause blood clots, anticoagulants are often prescribed to elderly patients to decrease the likelihood of heart attacks and strokes. However, the risk of bleeding incidents increases when blood thinners are present. Gastrointestinal bleeding, bleeding out, and other excessive bleeding events may be fatal in these cases.
Xarelto is a highly prescribed blood thinner known to cause gastrointestinal bleeding in its patients, especially the elderly. The anticoagulant does not have a reversal agent, increasing the dangers of bleeding incidents of becoming critical. Consult an attorney if you or a loved one experienced any negative side effects after taking Xarelto. You may be entitled to compensation for lost wages, medical expenses, and other damages you suffered.
Posted by Frankie on Jan 5, 2015 in Injury Lawsuits | 0 comments
A 19-year-old woman from Califronia who complained of a sore throat was offered leftover antibiotic prescribed to a friend that left her in dire straits because it turns out she was allergic to it. She developed what is referred to as Stevens Johnson Syndrome (SJS) in which the patient can experience severe blisters, temporary or permanent blindness, and lingering photosensitivity.
While the exact drug was not specified in the reports on the case, it is speculated that it may have been the antibiotic Zithromax (azithromycin) manufactured by Pfizer Inc. which has been linked to SJS. The drug had not been prescribed to the unfortunate woman, which highlights the dangers of self-medication but it may also be argued that drug manufacturers should make it a point to warn the public and not just doctors about the risks associated with the drugs they sell, especially when it comes to possible allergic reactions as that associated with Zithromax.
But to bring the point a little further, Pfizer has been questioned about their transparency about the dire consequences of taking Zithromax by patients who may be allergic to it. Doctors know that they have to test for allergies before prescribing the drug, but patients rarely have access to this information. The labels are not clear about the dangers as well, merely alluding to the risks of giving the drug to children. This lack of adequate warning can expose Pfizer to civil litigation because the public has the right to know about the risks they may be exposed to when taking these products.
According to the website of Ritter Personal Injury, if you have been seriously injured from taking drugs that did not have clear and adequate warning about the possible risks, you could sue the drug manufacturer for compensation. Consult with a personal injury lawyer in your area to know your rights and legal options.
Posted by Frankie on Oct 17, 2014 in Injury Lawsuits | 4 comments
Auto accidents happen every day in the US. In fact, nearly 4 (3.8) people died every day in auto accidents in the US in 2012, and that does not include the number of people that had been injured but survived.
It is a grim thought that every day in the US, four people will die unexpectedly. Except perhaps for psychics, people generally get into their vehicles believing that they will arrive at their destination safely. It is probably even worse for those who survive but end up seriously injured, even permanently disabled. They face weeks, months, maybe even years of surgery, rehabilitation, and recovery, and for some the costs can literally break them.
What makes it even more tragic is that many of these auto accidents are preventable. As discussed in the website of law firm Pohl Berk, negligent and reckless acts play a big part in causing these accidents, and the victims or their families may be able to get some compensation for their injuries and losses. But who is to blame?
The first party that comes to mind is the at-fault driver, and in some instances this is fully justified. Driver error accounts for many preventable accidents. However, it may not always be as clear-cut as that. Sometimes auto accidents happen because the vehicle of the at-fault driver malfunctioned. It could be a defective tire, a substandard ignition system, or faulty brakes. When the defective vehicle rather than the driver is to blame, everybody is a victim, but pinpointing the culprit can be difficult. It could be the auto maker, the parts manufacturer, the mechanic, the distributor, or the retailer, depending on the circumstances.
It would take significant resources to fully investigate an auto accident which may have been caused by negligence of some type. If you have been seriously injured or an immediate family member killed in a suspected negligent auto accident, you may be able to share the burden of the consequences. Consult with an experienced auto accident lawyer in your area for advice and assistance.
Posted by Frankie on Aug 25, 2014 in Injury Lawsuits | 3 comments
Have you exhausted yourself trying to figure out how to find the right attorney? You can find one if you know what you’re looking for. This article can help you with that as you navigate your way through all of your options. Keep reading to find out more about this.
When you think about hiring a specialized lawyer, do you worry about the associated increase in fees? Well, what are you willing to pay for a positive outcome? Consider the cost of losing! Also consider that the savings in time of a specialist over a generalist will save you money, lowering the total bill.
If you already have a great lawyer, ask them for advice. They can either tell you that they can take on your case, or point you in the direction of a lawyer who will help you out. When you already have a lawyer you trust, there is no reason to search out advice elsewhere.
Do not pick a lawyer because you saw their ad on television or on a billboard. Many big firms that can afford this type of advertising use lawyers that are fresh out of school for most of their cases, but charge you for the experience held by its highest lawyers.
It is not a bad idea to speak up if your lawyer does or says anything you don’t understand, according to information from Pohl and Berk. They should be more than happy to explain anything to you, from what a fee is for to a document they’re having you sign. If your lawyer doesn’t want to talk about anything related to your case, drop them immediately.
Use the information you’ve just digested to help you find the right attorney for your case. You want to win your case, and you don’t want to take this decision lightly. Keep everything you’ve learned in mind as you find the lawyer that you can trust to help you through this time.