Posts Tagged ‘ Pleading Ignorance ’
Huh? Pleading Ignorance looks to 2010 & your Legal Questions
December 31st, 2009. By Kristine B
Damnum Absque Injuria. Res Ipsa Loquitur. Causa Sine Qua Non. Brutum Fulmen! BRUTUM FULMEN!!
Uhh…say what? Sounds pretty fire & brimstone—so did we just get back from Christmas Mass at the Vatican and have a little leftover Latin-on-the-brain? Not quite. All the above lingo (lingua Latina!) are legal phrases that no one (except lawyers) really knows a damnum thing about. “Latin’s a dead language!” you say? Well, those in the legal profession didn’t get that memo…and they’re not going to…and that’s why we started the Pleading Ignorance blog posts this year.
And now the year is officially at a close—and I have to say, it’s been a pleasure writing Pleading Ignorance over the past few months. From negligence to financial issues and from whistleblowers to mandatory arbitration, I’ve covered topics that can sort give you that glazed-over, no-blessed-clue-what-you’re-talking-about look when you’re listening to someone (a lawyer?) ramble on about ‘em.
Why can’t they just speak English? Or at least a language that didn’t get sacked by Visigoths and Vandals (and then some) some fifteen hundred plus years ago? I suppose you can either argue that the industry is steeped in tradition, or in need of a newfangled 12-step program to just “let it go”.
Regardless, the lingo is here to stay and I enjoy the role of interpreter—so I’m looking forward digging into whatever we’re all pleading ignorant on in 2010…
In the meantime, I’m throwing it over to YOU, our readers, to see if you have any questions about legal issues or concepts. Are there any topics that LawyersAndSettlements.com covers that you would like to see discussed in this forum? Let me know!
Just keep in mind—I’m not a lawyer—don’t even play one on TV—so I won’t be offering any legal advice. But, as a legal writer, I do have to know a thing or two about legal-speak, legalese, legal jargon—things like the fact that jury-rigging has nothing to do with a jury—but you can still claim a jury’s been rigged—and that right there is a Linda Richman “Coffee Talk”-let’s-discuss moment just itching to happen tonight at your New Year’s Eve soiree.
So, if you’ve got some questions about legal concepts that don’t quite make sense, or legal words or phrases you just don’t use when you’re picking up some groceries or answering your phone at work, drop me a line at Pleading Ignorance. Can’t promise I’ll get to answer every one, but I’ll sure try!
I hope everyone has a happy New Year and a fantastic start to 2010. And for those of you who have been affected by someone else’s wrongdoing, I hope you get the chance to have your case heard, or at the very least, to share your story with others.
Most of all, I hope 2010 proves to be a wonderful year, for everyone.
Thanks for reading!
How Negligent! (Using “Negligence” Incorrectly)
December 9th, 2009. By Kristine B
We’ve all heard the word “negligence” to describe someone’s actions or used as justification for a lawsuit. And we all probably even know some individuals we’d refer to as “negligent”. But, do you really know what negligence is and how it applies to the law? This week, Pleading Ignorance examines negligence: what it is, what it’s not and how it applies to the law.
What is Negligence? 
Negligence is a person’s failure to use reasonable care. This can take two forms: either the failure to take action that a reasonable person would do, or doing something that a reasonable person would not do. In both cases, the responsible party’s actions result in some form of harm either to another person or to another person’s property.
Both types of negligence can be seen in your average car crash. In the first—failure to take action that a reasonable person would—a negligent person might not ensure his vehicle is properly equipped with tires suited for extreme weather. Or, the negligent person might know that his vehicle is unsafe but not take his vehicle in for the proper repairs.
In the second type of negligence—doing something a reasonable person would not do—the negligent person might continue to drive too fast for extreme weather conditions. Or, she might
Mandatory Binding Arbitration: Bet you have it, don’t even know it
November 27th, 2009. By Kristine B
Or know what the h*$$ it is…
So, the good news (that’s right, there is some good news these days) is that some companies are dropping the mandatory arbitration clauses in their contracts. Of course, not every company is doing this. And the truth is that most people sign contracts and have no idea that they have signed a mandatory arbitration clause (even I’ve done it). So, this week’s Pleading Ignorance looks at mandatory arbitration. Because what you don’t know about mandatory arbitration really can hurt you.
So, What is Arbitration, Anyway?
Arbitration is a method of resolving disputes that avoids going to court. Now, you may be thinking that avoiding court is good for you—and it can be—but it can also be a bad thing, which I will get into later.
Arbitration involves both sides of a dispute presenting their cases before either one arbitrator (kind of like a judge in a court case but with less power) or an arbitration panel. The arbitrator or the panel then determines who is in the right.
In binding arbitration, the arbitrator not only determines liability (i.e., who’s wrong) but also determines an award for the wronged party (if an award is necessary). Also, the arbitrator’s decision is final. That’s it. No appeals, no further dispute, nothing. Case closed. That can be a good thing, if you find yourself on the winning side but of course, if you’re on the losing side, you have no chance to appeal the decision.
In non-binding arbitration, liability is determined but no award is handed out. The arbitrator can merely suggest possible awards but the two sides do not have accept those suggestions.
Arbitration sounds okay so far, right?
What You Should Know About Drug Studies
November 19th, 2009. By Kristine B
In light of the recent release of the results from the ARBITER 6-HALTS trial regarding Zetia and Niaspan, there may be questions about what drug studies are and why they are important. This week, Pleading Ignorance examines drug studies: what they do, what they don’t do and what you should know about them.
Drug Studies: What They Do (Timing is Everything)
The names of the drug studies are impressive, aren’t they? Names like 
ARIBITER 6-HALTS, ENHANCE, RECORD and so on. The fancy thing is that all the letters in the names mean something (an acronym!)—but no one ever remembers what the heck they mean, save of course the folks conducting the test. So the catchy name is fine for the rest of us. (By the way, ARBITER 6 HALTS stands for “Arterial Biology for the Investigation of the Treatment Effects of Reducing Cholesterol 6–HDL and LDL Treatment Strategies“—say that fast 6 times). Once you’re beyond the name though, it’s important to know at what point in time the study is being done—after all, the studies are designed to show something. The timing in which the drug is tested will clue you in to what information the researchers are looking for.
Drug studies that are done before the drug is approved by the FDA (known as clinical trials), are done to prove…
- that a new drug is at least as effective as an older drug
- that the new drug is more effective than just standard therapy alone, or
- that the benefits of the new drug outweigh the risks (see, they’re watching out for you!)
If the studies are done after the drug is approved, they may be done to…
4 Fees To Spoil Your Christmas
November 11th, 2009. By Kristine B
aka, How the Financial Grinches Stole Christmas…
Christmas is just around the corner. How do I know? Because one of my oh-so-thoughtful Facebook friends has already started the Christmas countdown. And, like so many people out there, my concern is with affording Christmas, especially given all the traps and fees associated with bank accounts, credit cards, prepaid debit cards and payday loans. So, to help sort things out, Pleading Ignorance is looking at the top four fees that are likely to have an impact on you this holiday season.
Why are we so concerned about fees? Well, people have complained to us over and over again that they had no idea these various fees could be charged (they’re called “hidden fees” because you’re not necessarily aware of them—like it’s some sort of game). So, while you’re out buying that super-duper, fancy-schmancy toy-thing that your child has always wanted and just can’t live without, you may find that in addition to the $50 price on the toy, you may be paying some very steep fees. That’s how the financial grinches can steal your Christmas. Here’s what they’ve got in their bag of tricks this season, and what you need to look out for… 
1. Bank Overdraft Fees
I’ve already discussed this, but it bears repeating. Yes, some of the banks have agreed to change their overdraft fee policies. Yes, lawmakers are looking to rein banks in (although when we look at all the good it’s doing with credit cards, we have to wonder if it’s worth the effort).
The banks are being accused of automatically enrolling customers in overdraft protection, not telling them about that protection and then charging a fee for that protection (cue ominous laugh here). Even more terrible, they’re accused of reordering transactions to get the highest number of overdraft fees; processing debits before credits so that customers are forced into
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