There are various circumstances in which an insurance company will stall, underpay or deny a policyholder’s claim, even when that claim is reasonable and legitimate. While seeking legal counsel should not be the first course of action in the event of damage to your property, property insurance litigation is an avenue for the policyholder to ensure that they are receiving
Pamela Hoopes began working as a staff attorney at Legal Aid in 1989, representing people with mental illness disabilities. She has seen major changes in disability law since then, both in Minnesota and nationally. As deputy director of Legal Aid’s Minnesota Disability Law Center (MDLC), since 1998, Hoopes oversees a team of 15 attorneys and eight advocates in four locations.
Ohio’s saving statute, R.C. 2305.19, permits a plaintiff whose claims are filed within the applicable statute of limitations, but then dismissed otherwise on merits, to refile their claims within one year. Courts have noted the forgiving nature of the statute, explaining that it “is a remedial statute and is to be given a liberal construction to permit the decision of
Some may suspect I’ve become jaded after years of dealing with every possible type of consumer fraud, but I have to admit it’s been a long time since I’ve been shocked or surprised by a scam, scheme, or ripoff or the companies that are doing the scamming, scheming, and ripping off. Two cases lighting up the phones at DannLaw are
On June 11, 2018, the United States Supreme Court considered the scope of its 1974 holding in American Pipe & Const. Co. v. Utah (1974), 414 U.S. 538, 94 S.Ct. 756, 38 L.Ed.2d 713 a then-groundbreaking case for class action attorneys. American Pipe allowed for the statute of limitations to be tolled for any individual who would have been part
A recent movement referred to as the #MeToo Movement, which saw the viral social media spread of recognition of the prevalence of sexual harassment and assault in the entertainment industry where many high-profile and notable figures were identified, underscored the dangers that exists when those who are in higher positions of power take sexual advantage of others. The movement, however,
Every adult should have a will regardless of age, marital status, or net worth. This is a document that appoints the right people to make sure your wishes are accomplished and your assets pass to those you care about. However, many people don’t realize that the way in which an asset is titled is just as important as the document
Like most attorneys, I’ve spent sleepless nights worrying about what will happen if the phones go silent or clients stop coming through the office door. Fortunately, DannLaw has been extremely busy lately. Unfortunately, the influx of clients hasn’t relieved my insomnia. Now I’m up agonizing about the future of our country. That’s because the factors that are driving my intakes
Class action defendants have developed a mantra that, at the certification stage, “a trial court must undertake a rigorous analysis, which may include probing the underlying merits of the plaintiff’s claim[.]” Stammco, L.L.C. v United Tel. Co. of Ohio. Defendants often improperly interpret the probing of the underlying merits to mean that, instead of addressing the Rule 23 prerequisites when
When a court certifies a class action, due process requires that the class members receive notice. Although email accounts are ubiquitous and generally available for free to anyone with internet access, courts have been reluctant to approve email notice as the primary form of notice to class members. That reluctance is misplaced. Courts have never required that notice in Rule
There are various circumstances in which an insurance company will stall, underpay or deny a policyholder’s claim, even when that claim is reasonable and legitimate. While seeking legal counsel should not be the first course of action in the event of damage to your property, property insurance litigation is an avenue for the policyholder to ensure that they are receiving
Pamela Hoopes began working as a staff attorney at Legal Aid in 1989, representing people with mental illness disabilities. She has seen major changes in disability law since then, both in Minnesota and nationally. As deputy director of Legal Aid’s Minnesota Disability Law Center (MDLC), since 1998, Hoopes oversees a team of 15 attorneys and eight advocates in four locations.
Ohio’s saving statute, R.C. 2305.19, permits a plaintiff whose claims are filed within the applicable statute of limitations, but then dismissed otherwise on merits, to refile their claims within one year. Courts have noted the forgiving nature of the statute, explaining that it “is a remedial statute and is to be given a liberal construction to permit the decision of
Some may suspect I’ve become jaded after years of dealing with every possible type of consumer fraud, but I have to admit it’s been a long time since I’ve been shocked or surprised by a scam, scheme, or ripoff or the companies that are doing the scamming, scheming, and ripping off. Two cases lighting up the phones at DannLaw are
On June 11, 2018, the United States Supreme Court considered the scope of its 1974 holding in American Pipe & Const. Co. v. Utah (1974), 414 U.S. 538, 94 S.Ct. 756, 38 L.Ed.2d 713 a then-groundbreaking case for class action attorneys. American Pipe allowed for the statute of limitations to be tolled for any individual who would have been part
A recent movement referred to as the #MeToo Movement, which saw the viral social media spread of recognition of the prevalence of sexual harassment and assault in the entertainment industry where many high-profile and notable figures were identified, underscored the dangers that exists when those who are in higher positions of power take sexual advantage of others. The movement, however,
Every adult should have a will regardless of age, marital status, or net worth. This is a document that appoints the right people to make sure your wishes are accomplished and your assets pass to those you care about. However, many people don’t realize that the way in which an asset is titled is just as important as the document
Like most attorneys, I’ve spent sleepless nights worrying about what will happen if the phones go silent or clients stop coming through the office door. Fortunately, DannLaw has been extremely busy lately. Unfortunately, the influx of clients hasn’t relieved my insomnia. Now I’m up agonizing about the future of our country. That’s because the factors that are driving my intakes
Class action defendants have developed a mantra that, at the certification stage, “a trial court must undertake a rigorous analysis, which may include probing the underlying merits of the plaintiff’s claim[.]” Stammco, L.L.C. v United Tel. Co. of Ohio. Defendants often improperly interpret the probing of the underlying merits to mean that, instead of addressing the Rule 23 prerequisites when
When a court certifies a class action, due process requires that the class members receive notice. Although email accounts are ubiquitous and generally available for free to anyone with internet access, courts have been reluctant to approve email notice as the primary form of notice to class members. That reluctance is misplaced. Courts have never required that notice in Rule
