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Do You Know Whose Side Your Real Estate Agent Is On?

A survey by the National Association Realtors indicates that many homebuyers don’t know who the real estate agent they are working with actually represents. In some cases, the agents may actually be working against the buyer’s best interest. Laws in most states require agents to disclose, usually at the first meeting, their fiduciary relationship. But often agents fail to disclose this and buyers don’t know the agent’s efforts are on behalf of the seller, or has no duty to either buyer or seller. The NAR’s survey revealed that perhaps a third of all buyers were not told whom the agent represented. The...

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Truck and Bus Drivers Can’t Use Hand Held Cell Phones While Driving

On Jan. 3, 2012, a final rule took effect from the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration that banned the use of hand-held cell phones by commercial motor vehicle drivers on interstates. The ban, which covers both truck and bus drivers, will cover about four million CMV drivers, according to FMCSA.  The ban is “a giant leap for safety,” said Anne Ferro, FMCSA administrator. “It’s just too dangerous for drivers to use a hand-held cell phone while operating a commercial vehicle.” The rule’s enforcement creates penalties of up to $2,750 for each offense, and drivers...

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Do Bankers Have a Fiduciary Duty to Their Customers?

If a banker loans a bunch of money to a borrower for a deal that goes bad, does the borrower have any recourse by contending that the bank did not adequately vet the loan or counsel the borrower? Does the bank have a fiduciary duty to the borrower? The short answer from a recent case is no. The case of Wells Fargo Bank, N.A. v. Vandorn, 2012 NCBC 6 is a situation where Wells Fargo sued two individuals and an LLC formed by them to collect on a defaulted loan made to the LLC to buy a lot for a resort...

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Expert Testimony Of Psychologists Regarding Cause Of Brain Injuries

Truck Accident Attorneys In Indiana Given Guidance About Expert Testimony Of Psychologists Regarding Cause Of Brain Injuries Being in an accident with a truck is not like being in an accident involving a passenger vehicle, as many truck accident attorneys in Indiana are well aware. Not only are there specific rules and regulations regarding over-the-road trucks and their drivers, but often the injuries sustained in such accidents are much more severe, due to the massive size and weight of the vehicles involved. An example of such a case is the recent Indiana Supreme Court case of Bennett v. Richmond, decided on January...

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How does a Securities Class Action with Accounting Allegations Differ from other Securities Actions?

A securities class action suit with accounting allegations means the company did not comply with standard methods of accounting when its financial statements were released.  Throughout 2005 to 2010, the largest settlements made in 19 out of 20 securities class action cases involved accounting. Increased public awareness about accounting practices, along with a recent change in the accounting regulatory system, may explain these large settlements. Being more complex, accounting cases take more time to resolve and are less likely to be dismissed. The end result is typically a larger settlement amount. By the end of 2010, only 36% of accounting cases...

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Starr Austen & Miller Investigating GE Dishwasher Recall

Scott Starr, of the Indiana law firm of Starr Austen & Miller, announced today that the firm is investigating potential products liability claims related to certain General Electric (GE) dishwashers, which have been recalled because of the danger of potential fires. GE has voluntarily recalled approximately 1.3 million dishwashers, sold from March 2006 through August 2009, because the heating element can fail, causing fires as reported by USAToday.  In fact, GE has received reports of seven different fires, three of which caused extensive property damage, although no physical injuries have been reported. The models involved in the recall include: GE, GE Adora,...

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Harbhajan Jhutti died in car accident

INDIANAPOLIS —Sleepiness may have been a factor in a deadly semi crash overnight at the south split of I-70 and I-65. The driver, Sukhinder Dhuga, 30, was driving his semi trailer on I-65 South when it started to merge onto I-70 West and turned on its side. A passenger, Harbhajan Jhutti, 33, of Canada, was thrown from the semi and was later pronounced dead at Wishard Hospital. Dhuga was extricated from the vehicle and was also taken to Wishard, where his condition is unknown. Police investigating the incident said speed was a factor and that the driver may have fallen asleep....

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What are the Indiana State and Federal laws that govern truck drivers?

Trucking companies must follow the following federal regulations found in the Federal Motor Carrier Safety Regulations (FMCSA): Truck drivers are required to keep a driver's log. Federal regulations require a commercial driver's license for certain vehicles to reduce or prevent truck accidents, serious injuries, and death. Federal regulations require commercial trucks to have specific insurance coverage depending upon the type of load transported. The Commercial Motor Carrier Safety Assistance Program requires that States and certain jurisdictions develop, support, and implement safety programs that establish and improve safer transportation of goods. Common provisions used in accident litigation 9 C.F.R. § 391 - Qualification...

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Construction Site Accidents – Who Will Pay For My Lost Wages?

Under Indiana Workers Compensation laws, construction site victims will be provided not only medical care, but also compensation for lost wages if they are unable to return to work.  The Indiana Compensation Act offers three types of benefits to injured workers: Medical care for work-related injuries Wage replacement due to injuries Payment for any permanent impairment Wage replacement is paid weekly after the employee misses more than 7 days of work due to injuries.  Benefits are paid at 2/3 of the injured worker’s weekly wage, which is based upon wages from the previous year. Compensation is also paid for a permanent impairment...

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Construction Accidents – Who Will Pay My Medical Expenses?

Workers compensation insurance is the first resource an accident victim may use for help. However, there may be other parties involved at the work site who are legally responsible for your injury.  A contractor or sub-contractor may be at fault. Your accident may have resulted from a violation of OSHA regulations or a malfunctioning piece of equipment from the equipment manufacturer. Immediately after an injury, it is imperative to gather all information and begin a thorough investigation of the accident. Immediate attention should be given to the scene of the accident, along with contact of any eyewitnesses. Photographs and videos of...

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