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Copiers Pose a Security/Privacy Risk 5/11/2010 Click here to view a YouTube video that reveals very serious concerns regarding digital photocopiers and the storage of potentially sensitive information.  A majority of copier users are unaware that  digital copiers contain a hard drive, like on your computer, which stores images of every document copied, scanned, or emailed from the machine.  When the copier's lease is over and the manufacturer sells it as used equipment, the next user in line can easily remove the hard drive and obtain images of every single document ever processed by the machine.  Personal information contained in the documents can end up in the hands of people who may use it for improper purposes. Be sure that if you provide personal information to anyone who may process it through one of these machines, you first gain an understanding of their privacy policy and whether or not steps will be taken to protect your person and private information.  If you are not given a satisfactory answer, be sure to consider the possible consequences before agreeing to provide such potentially sensitive details, all of which can easily end up in someone else's hands unintentionally. Upper Big Branch Mine Disaster 4/14/2010 In the days following the explosion, and now following the conclusion of the body recovery for the last four missing miners, news reports continue to emerge in the media showing that mine operator, Massey Energy, had a historical pattern of permitting dangerous conditions to exist in the Upper Big Branch Mine.  Read a USA Today article on the numerous violations here. West Virginia Governor Joe Manchin is calling for development of disaster prevention teams to be used in West Virginia coal mines, reasoning that the state has disaster recovery teams, so it only makes sense to also develop specialized units who can help keep our miners safe before tragedy strikes.  This is an initiative we can all support as West Virginians and as a nation that relies heavily on coal as an energy source. Our prayers continue for those affected by this tragedy and we pray for continued safety of those who travel underground every day in other mines around West Virginia and around the country. Georgia Jury Verdict Caps in the News Again 4/14/2010 Law.com reports today on a jury verdict awarded in Coffee County, GA, in which the jury found that medical malpractice had occurred when Johnnie jackson, a patient of Coffee Regional Medical Center, lost his thumb as a result of being treated for an unrelated illness.  Read the article here. Mr. Jackson's verdict will not be appealed, making him the first trial beneficiary of the Georgia Supreme Court's decision just four days earlier, in which it struck down caps on jury awards as being unconstitutional. Missouri Wrongful Death Case 4/14/2010 The St. Louis Post-Dispatch covered the news of a wrongful death settlement in a case involving an on-duty police officer who got drunk while on duty and drove the wrong way on a local road, killing 4.  Read the story here. While the attorneys of La Neve Law Offices do have unique expertise in defending West Virginia impaired driving cases, the reality is that we do not advocate impaired driving and have always urged people who consume alcoholic beverages to use the utmost caution when doing so to avoid putting themselves into a situation such as that which took the lives of the unsuspecting victims in this Missouri case. For more information about your rights as an accident victim, call La Neve Law Offices.  Call Your Lawyer.  877-7WV-LAWS.  Upper Big Branch Mine Disaster 4/7/2010 The staff of La Neve Law Offices wishes to extend its prayers and sympathies to the families of the miners lost in the tragedy at the Upper Big Branch coal mine on Monday.  An explosion rocked the mine this week, killing at least 25 miners, with more deaths possible as rescue efforts continue for the remaining miners unaccounted for.  A buildup of deadly and explosive methane gas is believed to be the reason for the explosion, which resulted in the largest number of deaths from a single incident in a US mine in over 20 years. The mine has been cited for numerous violations over the time it has been owned by Massey Energy, many of those violations being for recklessly dangerous conduct.  Sadly, the mine has also been cited previously for inadequacies in its ventilation systems that would have greatly reduced the chances of this sort of explosion. The mining community is very closely bonded and we appreciate that all of its members are feeling this loss right now.  Our prayers and best wishes for safety go out to each one who works in the dangerous underground environment of West Virginia's coal mines. More on NY Public Defender Case 4/5/2010 The New York Times has published an editorial on the investigation and litigation surrounding the state's problematic public defender system.  The piece makes a very solid point when it says: "Instead of seeking a settlement that improves defender services, the state has spent the past three years trying to prevent the courts from hearing the suit." This is certainly an important point and makes one question why the state has not responded to this litigation with an effort to simply fix the system instead of just fighting the lawsuit.  Certainly, one can understand that the state desires to defend the case, and can even appreciate that there could be issues of constitutional concern involved.  But, the reality remains that the system does not function in a way that truly protects the rights of those accused of criminal conduct and that needs to be addressed regardless of the litigation. Are Your Tires About to Kill You? 3/26/2010 Tire blowouts and failures may be just waiting to strike, even with a new set of tires on your vehicle.  Because tires can often sit on shelves for years prior to being sold, they are subject to degradation which can lead to catastrophic failure, resulting in injury or death. By following this link, you can watch a roughly 10 minute video produced by CBS News that provides some very enlightening information about tire safety issues. Remember, too, that what might have seemed like a wreck that was unrelated to a tire issue may, in fact, have been caused by a tire failure, so be sure to have the accident investigated by the right people before you conclude that it was unrelated to tires.  Whether the wreck is recent or happened within the past one to two years, you may be entitled to pursue a legal claim. If you have been injured as a result of a vehicle wreck, or have a family member or friend who was injured or killed as a result of a wreck, call the attorneys of La Neve Law Offices for guidance on your legal options. Own a Toyota? Call Your Lawyer. 3/26/2010 The evidence of problems with a wide range of Toyota vehicles is growing daily, and suggests that both Toyota and the US National Highway Traffic and Safety Administration (NHTSA) may have known about this problem for a much longer time than the recent news has suggested. And as the evidence of Toyota's design issues grows, so do the number of claims of injury resulting from the design flaws.  A central safety recommendation that has been promoted tells drivers that, in the event of loss of acceleration control in your Toyota vehicle, shift the transmission into neutral immediately and then use the brakes to attempt to bring the vehicle under control and to a stop. If you have a Toyota that has potentially malfunctioned and caused injury, or know someone who has experienced such an injury, please consider calling the trial attorneys at La Neve Law Offices for guidance on pursuing a legal claim for your injuries. GA Court Strikes Civil Damages Limits 3/26/2010 The Atlanta Journal-Constitution reported on a ruling from the Georgia Supreme Court's ruling this week to eliminate limits on civil jury awards in medical malpractice cases.  (See the full article here) The Court, in a unanimous decision, ruled that such limitations violate the right to a jury trial under the Georgia constitution by usurping the authority of a jury and its decision in any given case.    This is because the cap on a jury's award effectively undermines the jury's prerogative to determine what parties to civil litigation may be entitled to receive.  This opinion is certain to be relied on in other states as attorneys fighting for rights of injured people begin to present those same challenges.  The ruling is a landmark decision on what has been a very hotly contested issue since damage caps first appeared on the civil litigation scene, and is a powerful stroke in favor of individual rights and in the sanctity of the civil jury trial process. For more information on how damage caps may affect your potential West Virginia personal injury claims, call and speak to a West Virginia trial attorney at La Neve Law Offices.  Call Your Lawyer.  (877) 7WV-LAWS NY Court to Consider Public Defender Issue 3/26/2010 The New York  Court of Appeals will be hearing arguments in a class-action civil lawsuit that implicates the effectiveness of the state's public defender network.  See the article by following this link. In essence, the civil lawsuit alleges that the conditions under which public defenders work lead to inadequate or ineffective representation of individuals accused of crimes, but financially unable to hire private attorneys.  The end result is that some criminal defendants, who may actually be innocent of the charges against them, end up with a conviction because they were not properly or effectively represented. To be sure, public defenders work under amazingly difficult and stressful conditions of high case loads, often less than adequate funding, and, many times, very difficult clients.  However, this recipe can lead to disaster if proper precautions are not observed by the public defender.  It is not uncommon for indigent defendants to get representation that is less thorough than what would be provided by a privately hired attorney.  While the circumstances under which public defender corporations work create that risk, there is nonetheless just as much importance in the defense of an indigent person as there is for someone with the means to hire their own attorney. This is a difficult issue and one that deserves close inspection.  The fact is, a criminal conviction can cause ruin for someone already on the financial brink, especially when the charges would not withstand the proper defense.  In these cases, the personal devastation for the affected individual could well form the basis of a legal claim for damages to attempt to help them set their lives back on track. As the New York Times article notes, the opinion following this argument is one that will be closely watched with great interest from across the country. Follow Us on Twitter 3/12/2010 La Neve Law Offices is on Twitter.  Look us up as 8777WVLAWS and follow us as we periodically update issues of importance in West Virginia and around the country. Welcome! 3/8/2010 La Neve Law Offices is pleased to debut the firm's new website, www.8777WVLAWS.com.  This domain name is the same as our toll-free phone number, 877-7WV-LAWS, to make it easier to remember both when you need a lawyer. We will have news pages on both the Personal Injury section of our site and the Criminal Law section of the site, so be sure check both when you visit us. As always, we are here for you.  Need help?  Call Your Lawyer!  877-7WV-LAWS.