Lowell Steiger's Los Angeles Law Blog

Car Dealer Rip-Offs In A Nutshell!

Okay, so you're ready to buy or lease that shiny new or used car.  You've picked it out, the car is a beaut!  It's a great fit for your image, your needs, your life.  But beware! Amid all of that excitement lurks the possibility that you are getting ripped off by the dealer. 

 

In this post I'm going to briefly describe the many, many, many ways that an unscrupulous dealer can rip you off.  Call or e-mail me if you think you've been a victim of one or more of these scams and we will explore your situation together (consultations are, of course, free!).  You may have legal rights and it is my job to empower you with knowledge of those rights and remedies!!!

Odometer Fraud

Misdisclosure of odometer accuracy and misrepresentation of a vehicle's mileage.  This can happen in a number of ways including, but not limited to: Rolling back the mileage, disconnecting the odometer while the car is being driven by executives, building cars with odometers that overstate mileage which decreases the time the vehicle is under warranty and increasing mileage penalties on leased vehicles.  Click here for further info on odometer fraud

Undisclosed Prior Damage -- Decreased Market Value!

You have rights if you find out that you were not told about prior damage to your car.  It could have been damaged by weather conditions (floods, hurricanes, storms, etc.), a prior wreck or if it had been stolen and stripped. (Just look at these dramatic before and after pictures!!!)

Seriously, though, even if a car seems to be mechanically sound and cosmetically clean, its prior damage and/or wreck history means that its true market value has been dramatically decreased!

Undisclosed Prior History: Mechanical Problems, Lemon Laundering

Dealers may fail to disclose documented histories of mechanical problems.  Unconscionable you say?  You're right but conscience isn't always foremost on the car salesman's mind!  You have rights!!

What is Lemon Laundering? Well, there is widespread consumer use of their state's lemon laws. Manufacturers repurchase thousands of lemons every year.  Lemon Laundering is the resale of these defective used cars to unsuspecting consumers without disclosure of their prior history.  Again, unconscionable? Again, yes.  Again, you have rights.

Not Telling You Who Owned Your Car or How Your Car Was Utilized! (Bad!!!)

Oh, so your new car was owned by a Little Old Lady From Pasadena?  Maybe.  What if you weren't told that your car actually one of the following scenarios?            
    Multiple prior owners, former rental car, police car, part of a fleet of leased cars, repossessed, used for driver's education training or former taxi cab?  Hmm, if any of these scenarios applies was not disclosed to you, then you've got rights and you need to contact me (see below).

As-Is -- Really?

An "As-is" sticker in the window or even on your sales contract is not an absolute defense for fraud!!!  A seller cannot use warranty disclaimers as a shield against claims of fraud or misrepresentation arising from their actions toward you. If you've been defrauded, you have rights!

What You May Be Entitled To

When you've been defrauded, you may be entitled to the following:

• Return the car and get a full refund of your down payment, payments already made (rescission)
• Damages
• Attorneys fees
• Punitive damages

Justice For You

If you or a family member or close friend has been ripped off (or you suspect has been ripped off) by an unscrupulous car dealer or salesperson, then you have rights that should be explored. 

Contact me to evaluate your concerns and provide you with the utmost in legal guidance.

 

Contact Attorney Lowell Steiger to Discuss Your Legal Rights

Your Consultation is FREE

            (323) 852-1100      

            (877) 487-8221      

e-mail lowell@steigerlaw.com

DePuy Hip Replacement Failures Lead to Massive Recall

People with a DePuy ASR hip replacement implant are experiencing a high rate of failure and pain associated with this device, sometimes shortly after surgery.  See New York Times Johnson & Johnson Recalls Hip Implants

 

People with the DePuy ASR have filed lawsuits because, despite reports of injury with this device, the manufacturer failed to inform doctors and patients of the known risks associated with this device and waited to issue a DePuy recall until August 2010.

The Manufacturer of the DePuy ASR has Issued a DePuy Recall Due to a High Rate of Failure (Bloomberg). The DePuy ASR is a Metal on Metal (MoM) prosthetic device consisting of a ball and corresponding socket implanted in thousands of patients around the world during hip replacement surgery. DePuy Orthopaedics, Inc., the medical device maker and part of the Johnson & Johnson Family of Companies, marketed this hip prosthetic in a “resurfacing” version called DePuy ASR Hip Resurfacing System and as total hip replacement called the DePuy ASR XL Acetabular System.

Since 2008, there have been more than 300 complaints about this device filed with the U.S. Food and Drug Administration (FDA), with more than 90% of these cases requiring another hip replacement surgery to replace the defective implant. Still, there was no DePuy recall.  See FDA Warning Letter to DePuy Orthopaedics, Inc. 

The design of the device made it difficult for surgeons to implant, causing improper fusing with the bone and loose implants. Friction from movement of the metal on metal socket also creates metal shavings or debris in the soft tissue surrounding the device, causing pain, inflammation and necrosis or tissue death. This damage and inflammation can cause severe pain and disability, can be irreversible and complicate future replacement surgery. MoM hip implants, such as the DePuy ASR also release metal ions into the body.

In 2009, the manufacturer voluntarily removed the DePuy ASR from the Australian market due to the device’s high failure rate, but they failed to issue a DePuy recall in the U.S. and doctors unknowingly continued use of the devices for patient’s hip replacement surgery. The company notified U.S. physicians about the Australian higher than anticipated failure rates in a March 2010 letter, only advising physicians that proper surgical positioning of the implant was essential.

On August 26, 2010, DePuy Orthopaedics, Inc. finally issued a DePuy recall, citing that 12%-13 % of patients with these defective implants would need to have a revision surgery.

Justice For Your Injuries 

If you or a family member or close friend has undergone a DePuy hip replacement that has been the subject of this recall, you may have the right to file a lawsuit against the manufacturers (namely Johnson & Johnson and DePuy Orthopaedics, Inc.).

Contact me to evaluate your concerns and provide you with the utmost in legal guidance.

 

Contact Attorney Lowell Steiger to Discuss Your Legal Rights

Your Consultation is FREE

            (323) 852-1100      

            (877) 487-8221      

e-mail lowell@steigerlaw.com

 

Actos Users Beware: Danger of Heart Attacks, Bladder Cancer

The dangers of the Type II Diabetes drug Actos have led to a plethora of lawsuits around the United States.  What are the possible side effects of Actos?

 

 
New or worsening heart problems

(including congestive heart failure)

Bladder Cancer

The side effects are of such a serious nature that a new WARNING was issued by FDA in June 2011.  Here's a direct quote from the FDA Warning:

"The U.S. Food and Drug Administration (FDA) is informing the public that use of the diabetes medication Actos (pioglitazone) for more than one year may be associated with an increased risk of bladder cancer. Information about this risk will be added to the Warnings and Precautions section of the label for pioglitazone-containing medicines. The patient Medication Guide for these medicines will also be revised to include information on the risk of bladder cancer."

Available only by medical prescription, Actos (pioglitazone) is in a class of medications called thiazolidinediones. Patients may have taken this drug under the brand name Actos or under the brand names Actoplus Met (pioglitazone and Metformin) or Duetact (pioglitazone and glimepiride) for combination products.

More than two million Americans with Type 2 Diabetes take Actos and many are increasingly concerned about Actos side effects. It is the most prescribed medication for the treatment of Type 2 Diabetes generating $3.4 billion in sales in 2009. However, recent studies show a link between Actos and bladder cancer. Some Actos users are considering the filing of an Actos lawsuit for their injury.

 

The U.S. Food and Drug Administration (FDA) first issued a Warning in September 2010 about Actos and bladder cancer after reviewing data from a ten-year study conducted by Takeda Pharmaceutical Company, the drug manufacturer. Data showed a link between Actos and bladder cancer. People taking the highest doses of the drug, or had taken the drug for a long time, were most at risk for bladder cancer Actos side effects.

Before the labeling change, patients taking Actos may not have known about or understood the link between Actos and bladder cancer. They may even be have bladder cancer symptoms and not realize they are Actos side effects.

Justice For Your Injuries 

If you have Type II Diabetes and took (or are taking) Actos and suffered any of the side effects mentioned here - new or worsening heart problems (including congestive heart failure) or bladder cancer - you may want to file a lawsuit against the manufacturers of Actos.

If you haven't taken Actos yourself but a family member or close friend has, tell them to contact me to evaluate your concerns and provide you with the utmost in legal guidance.

Contact Attorney Lowell Steiger to Discuss Your Legal Rights

Your Consultation is FREE

            (323) 852-1100      

            (877) 487-8221      

e-mail lowell@steigerlaw.com

 

NuvaRing Vaginal Contraceptive: Blood Clots, Heart Attacks, Strokes, Death

NuvaRing is a combination hormonal contraceptive ring that is inserted into a woman's vagina to prevent pregnancies. The FDA approved its use in October of 2001 but the product, which is manufactured by Organon USA, wasn't introduced into the market until July 2002.
The flexible polyethylene ring contains estrogen and a form of progestin. The ring is used by over 1.5 million women around the world. NuvaRing is considered a third generation contraceptive and was initially said to have fewer side effects.

How NuvaRing Works

The NuvaRing works by releasing a steady dose of the hormones into the bloodstream where it is absorbed through the vaginal wall. Women wear the ring for three weeks and then it is removed for one week. This prevents the ovaries from producing an egg, the uterus lining thins out preventing a fertilized egg from being implanted and the thickened cervical mucous prevents sperm from entering the uterus.

The Possible Danger(s) To You

 NuvaRing Side Effects

The NuvaRing has had its share of side effects including cardiovascular problems, cardiac arrest, blood clots, strokes and even death. As far back as 2003 the New England Journal of Medicine released a study that showed that the level of estrogen that was found in the NuvaRing was responsible for an increase in blood clots and cardiac problems.

Cardiovascular Problems

Cardiac Arrest

Blood Clots

Strokes

Death

 

 

In the past there has been an increased risk of blood clots in contraceptives that contained desogestrel rather than other types of progestins. In November 1995, the Food and Drug Administration stated that "new studies indicate about a two-fold increase in the risk of venous blood clots associated with products containing desogestrel."

If you experience a blood clot in your legs and they are not caught in time or left untreated, they can travel to your lungs and result in death. You can also develop blood clots in your eye and the end result could be a partial loss of vision or blindness.

Justice For Your Injuries 

If you have used the NuvaRing birth control and suffered any of the side effects mentioned here - blood clot, stroke, or heart attack - you may want to file a lawsuit against the manufacturers of NuvaRing.

If you haven't used the NuvaRing yourself but a family member or close friend has, tell them to contact me to evaluate your concerns and provide you with the utmost in legal guidance.

Contact Attorney Lowell Steiger to Discuss Your Legal Rights

Your Consultation is FREE

(323) 852-1100

(877) 487-8221

e-mail lowell@steigerlaw.com

 

The Road to the U.S. Supreme Court (or What Is A Lawsuit, Really?)

    The Institue for Justice has produced the fantastic video below.  Interested in the steps of a lawsuit? This incredibly informative and entertaining video lays it all out from filing a lawsuit (i.e. suing someone) to trial to appeals to the ultimate arbiter of justice, the U.S. Supreme Court.

Further comments or questions? Call or e-mail me. I'd love to discuss this with you.  Hey, I'm a lawyer.  It's what I do!

 

Hat Tip to Ilya Shapiro at the Cato Institute

Car Rental Tips After An Accident: You're Entitled to Dollars and/or An Equivalent Vehicle

Insurance companies oftentimes do their best to not treat you fairly or equitably.  One example of this is when the at-fault driver's insurance carrier provides you with a rental car with a "take it or leave it" attitude.

 

In California, you are entitled to be provided with a vehicle of equal value to the vehicle that was damaged as a result of another driver's negligence.  For example, let's say that you get rear-ended in your new Toyota Prius.  The other person's insurance company says "yep, our driver was at fault" and then allows you $20 a day for rental car.  Well, an equivalent Prius may rent for $50 a day.

You are entitled to rent a $50-a-day car and have the other party's insurance company pay for it (subject to, among other things, his or her property damage policy limits).  Period.

Now, let's change that scenario a bit: For whatever reason, you don't want to rent a car during the time that your car is in the shop.  You're entitled to make that choice.  Let's take it one step further: Your car is in the shop for six weeks (42 days).  You will be entitled to $2,100 in real dollars to compensate you for the time that your car is in the shop.  In other words, you do not have to actually rent the car in order to be compensated for your loss of use.

OR what if you rent a car for $25 a day?  You'll be entitled to the difference in cash (well, in check).  So, you rent a car for 42 days at $25 a day for $1,050 but you were entitled to a car renting for $50 a day. The insurance company should pay you the difference of $1,050 in the form of real dollars.

Here's the law (CACI 3903M): To recover damages for loss of use, [name of plaintiff] must prove the reasonable cost to rent a similar [item of personal property] for the amount of time reasonably necessary to repair or replace the [item of personal property].

 

http://www.youtube.com/watch?v=Z8tflTskbV8  

You, My Dear Client, Are Entitled to Know Everything About Your Case!

From the fine folks at The Lawyerist: "Teach your clients the law, and you’ll have clients for life. Hide the ball in some vain attempt to make yourself indispensible, and you’ll be viewed like an auto mechanic—most people are always looking for a new one that will get the job done more quickly, reliably, and for less money." 

From me, your attorney Lowell Steiger: You, my dear clients, are entitled to know the ins and outs, the ups and downs, the pluses and minuses, of your case.  You need to be able to make an informed decision.

 

 

Happy Labor Day 2011 with DUI Checkpoints

Happy Labor Day 2011.  There are many DUI checkpoints in and around Los Angeles this holiday weekend.  More importantly, though, is to have a Designated Driver. They're listed in the video which is actually the premier video in my Legal Lowdown With Lowell Steiger series

 

In case you're wondering, though, here are the checkpoints:

Friday: Manchester Avenue and Hoover Street, South Los Angeles, 6 p.m. to 1 a.m.

-Friday, Sunset Boulevard and Sutherland Street, Echo Park, 8 p.m. to 1:30 a.m.

-Friday, Slauson Avenue and Olive Street, South Los Angeles, 7 p.m. to 12:30 a.m.

-Saturday, Jefferson Boulevard and Western Avenue, South Los Angeles, 6 p.m. to 1 a.m.

-Saturday, Washington Boulevard and Stanford Avenue, Venice, 6 p.m. to 1 a.m.

-Saturday, Reseda Boulevard and Ventura Boulevard, Encino, 8 p.m. to 1:30 a.m.

-Sunday, Harbor Boulevard and 1st Street, San Pedro, 3 p.m. to 9 p.m.

-Monday, Venice and Abbot Kinney boulevards, Venice, 3 p.m. to 9 p.m.

Who's Your Designated Driver?

Tweeting During Trial Could Land You In Jail!

Well, it's official.  If you're doing your civic duty as a juror in California and you Tweet (or Facebook or e-mail or... name your technology) about the trial, you will officially be in criminal contempt of court.  What does that mean to you?  It could mean six months in the klink! 

    Governor Jerry Brown signed legislation on Friday (Assembly Bill 141, authored by Assemblyman Felipe Fuentes, D-Los Angeles) which requires trial judges to tell jurors that existing bans on conducting their own research about the case, or talking to outsiders about it, applies to electronic and wireless communication. Violations by jury members will be punishable by up to six months in jail for criminal contempt.

    Having just served as a juror last week on a criminal matter and as an attorney trying a civil matter just a couple of months ago in Santa Monica, I can attest to the fact that judges take the use (or misuse) of technology very seriously.  They admonish the jurors not to discuss the case with anyone including their significant others or the jury when not in actual deliberations.  They further stress, and I mean STRESS, the rules forbidding the use of electronic devices to Tweet, text, Facebook, e-mail or in any other way, shape or form any information, thoughts, questions or other communication about the case.  Jurors are not to use electronic devices to research the case or any facts about the case.

    As a lawyer, I actually think that these are good rules.  Verdicts are to be based upon the evidence admitted during the trial.  Verdicts are not to be based on a jurors' independent research.  I believe that the integrity of the judicial system must be preserved.  Read California Criminal Jury Instructions 101-102.

    You may also be interested to read what others are saying about this new law.  Most think that it's just one more useless law designed to quash the First Amendment and ultimately create more crowding in our already overcrowded jails.  Here are links to other articles and comments about this bill:

California Jurors Tempted By Technology Could Face Jail Time (Article) (Wall Street Journal Blog)

California Jurors Tempted By Technology Could Face Jail Time (Comments) (Wall Street Journal Blog)

Jurors To Be Told Not to Tweet Under New Law (SF Chronicle)

California Governor Sends Message to Jurors: No Tweeting (Law Technology News)

What do you think?

Red Light Cameras No More in Los Angeles! Warning...

    Great news! The Red Light Cameras ceased being in operation in Los Angeles as of July 31, 2011.  However, heed the following announcement from the Los Angeles Superior Court Website:

The City of Los Angeles has decided to end its red light camera program on July 31, 2011. The City's action does not stop the processing of outstanding red-light citations. It does not eliminate penalties associated with red-light citations. It does not constitute grounds for a refund of any money paid on such a citation. Anyone issued a red-light citation must resolve it within the specified time limits or face certain penalties as prescribed by law.

In other words, if you received a red light ticket on or before July 31, 2011 you still need to pay it or fight it!!