Corporate crime is still a major problem in this country and we, as consumers and citizens, must always be on the alert for improper conduct. Pfizer agreed to pay $26 million to the US Securities and Exchange Commission after a probe into the drug maker’s use of illegal payments to win business overseas. Wells Fargo is paying $6.6 million to settle the SEC charge that it failed to inform investors about the risks tied to mortgage securities it sold. Standard Chartered Bank will pay $340 million to settle charges that it “schemed with the government of Iran and hid from regulators roughly 60,000 secret transactions, involving at least $250 billion, and reaping SCB hundreds of millions of dollars in fees.”  The company Blackwater now called Academi LLC has agreed to pay a fine of $5 to $7.5 million for trying to operate  in Sudan in violation of trade sanctions and other arms trade breaches.

Kitrick, Lewis & Harris Co., L.P.A. featured in "Business First."

Click here to view the full article featuring our firm.

For foodborne illness, often a manufacturer is strictly liable for any injuries or death caused by certain bugs or tainted products. A manufacturer is a “product seller who designs, produces, makes, fabricates, constructs, or re-manufacturers the relevant product or component part of a product before its sale to a user or a consumer.”  There is a reason a company is held strictly liable- the only defense is prevention. It does not matter if the manufacturer took all reasonable precautions. If they manufacturer a product that makes someone sick, they are going to have to compensate the victim. Wishful thinking on their part does not help and is not a defense. Bugs such as e-coli and listeria have been found in seeds, cantaloupe, flour, salads/lettuce, and many other products. And they can kill people.

 

Bugs you need to know about:

www.about-ecoli.com

www.about-salmonella.com

www.about-listeria.com

www.about-campylobacter.com

www.about-hepatitis.com

www.about-shigella.com

Underinsured Motorist Coverage: When Auto Liability Coverage is Not Enough

We encourage all current and former clients to protect their families with uninsured and underinsured motorist coverage.  It’s relatively inexpensive and crucial here in Ohio—where motorists only need to carry $12,500 per person in liability coverage.  For helpful information about the proverbial nuts and bolts of underinsured motorist coverage, from the Ohio State Bar Association, please follow this link: https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-689.aspx.  

There are some  outstanding government websites dealing with consumer protection, specifically ID theft, medical ID theft, and also there is a good news report on whether buying insurance to protect yourself in the event of ID theft is a worthwhile purchase.

 

First, we recommend that you study the  Federal Trade Commission website pertaining to consumer protection. Check out  http://www.ftc.gov/bcp/consumer.shtm. Through this site there are many categories one can search for specific help, such  as autos, computers, loans, energy, health, ID theft, telemarketing, etc.

For annual reports on credit -  we advise everyone to these reports at least once a year - go to  http://www.ftc.gov/bcp/edu/microsites/idtheft/consumers/deter.html.

 

For medical identity theft, we refer you to http://www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt10.shtm.

 

For the news article about insurance, read  http://www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt10.shtm.

Drivers Fight Back Against Towing Company

Two major Columbus-area towing companies, Shamrock Towing and Camcar, have been systematically overcharging drivers whose cars were towed, and a new class action lawsuit, filed Wednesday in the Franklin County Court of Common Pleas, seeks to bring an end to this illegal practice and recover the excessive charges drivers were forced to pay to get their cars back.

 

Ohio law prohibits towing companies from charging more than $90 for towing and $12 per day for storage when they tow a car, but according to the lawsuit, both Shamrock and Camcar regularly charge an additional $30 “administrative fee” that the law does not allow.

 

Bill McCartney, one of the drivers bringing the class action, explained why he felt the need to bring suit. “What upsets me is that there is nothing I or other drivers can do to fight the excessive fees.  Your car is being hostage and if you want it back, you have to pay whatever they demand.”  McCartney noted that he does not object to towing when it is done in accordance with Ohio law.  

 

Fred Gittes, who along with Mark Lewis and Robert Wagoner, all Columbus attorneys, filed the class action, explained that Shamrock and Camcar are among the larger towing companies in the state, and that it appears that charging more than the state towing statute allows is an industry-wide practice in Ohio’s cities.  “Towing companies are basically thumbing their noses at the law, which is intended to allow for towing, but also to protect drivers from unreasonable and predatory charging practices.  After all, once the towing company has your car, you are basically helpless when it comes to what you have to pay to get it back.  You can’t negotiate, you can’t refuse to pay, and in most cases, the person who just got towed has no idea what is reasonable, much less what the maximum allowed rate is.”

 

One of the first steps in the lawsuit, according to Gittes, will be to find out just how widespread this illegal practice has been.  Thousands of people have likely been affected by the policies in place at Shamrock and Camcar, to say nothing of the numerous other towing firms operating in Columbus and throughout Ohio. 

 

For further information, contact Fred Gittes, The Gittes Law Group, (614) 222-4735.  You may also contact Mark Lewis or Stephen Whetstone with Kitrick, Lewis & Harris Co., L.P.A., 614-224-7711. 

 

Click here for Mr. Gittes interview with Channel 10.

 

As we get older we are going to have more body parts fail. Knee, hip, and other implants are becoming more and more commonplace. Before having such  major surgery it is crucial to make sure that your surgeon and the products that a doctor wants to insert in your body are as safe as possible. As for your surgeon, it is critical that you get his or her history, talk to others who have used this doctor, check the local and state listings with the medical boards to find out what kind of lawsuits or complaints have been filed against the doctor if any, find out how many of these surgeries the doctor has done, find out when the doctor feels the best when doing surgeries, find out who the anesthesiologist is and talk to that doctor in great detail about any and all allergies, medications and other issues so that when you are put to sleep you will safely awake, and verify that the doctor you hired is doing the surgery and not an intern or resident or associate or whoever is second in line. Find out when it comes to the product exactly what company has made it, and get all details as to how old the product is, whether there have been any issues or recalls with it, whether it is commonly used or whether it is a “new” product. Do as much research as you can before taking such a major medical step. By  doing so, you greatly enhance your odds of coming out of surgery better than ever with as few problems as possible.