Georgia Injury Lawyer Blog

Tekila Mynon Glass, age 30, from Riverdale, Georgia was charged with misdemeanor vehicular homicide as a result of the death on Sept. 18, 2011 of a 1-year-old child who was in a stroller at Lenora Park in Gwinnett County.

Witnesses who observed Ms. Glass strike the child in the stroller as she backed up with her 2005 Chrysler Pacifica through the parking lot at Lenora Park on Lenora Church Road are urged to contact the Accident Investigation Unit at 770-338-5675.

Tekila Mynon Glass, was charged with improper backing which resulted in the death of Olivia Hellwig. Broooke Hellwig was the mother of Olivia Hellwig. Ms. Hellwig was pushing Olivia in her stroller when her young daughter was killed.

Olivia Hellwig was transported to Children's Healthcare at Egleston in Atlanta where very sadly she tragically died. Her mother, Brooke Hellwig, was also treated for injuries police said. Her greatest injury of course was the loss of her young daughter due to the negligence of Ms. Glass.

Gwinnett County police report revealed that Glass' vehicle carried six passengers. The police request that anyone who has witnessed the accident and has yet to speak with investigators to please contact the Accident Investigation Unit at 770-338-5675.

Good Georgia Lawyer urges our legislature to craft stricter laws that will keep pedestrians safe and prevent terrible tragedies that result in the loss of life. In the event a Georgia citizen dies due to the result of someone's negligence, then the negligent driver is generally held liable for a failure to exercise reasonable care while driving. Hopefully, it is the case that Ms. Glass carried an ample insurance policy so that the family of the young child she killed may receive damages---money given as compensation to assist a family in a personal injury suit.

In Georgia, there are two major types of damages--compensatory and punitives. Punitives punish and deter the offender from injuring someone in the future. Compensatory helps with medical bills, funeral costs, pain and suffering.

If you know someone who has experienced the loss of a loved one due to the negligence of a person or a corporation, we encourage you to seek legal advice immediately.

Good Georgia Lawyer implores all Georgians to drive carefully: always pay attention when backing up your vehicle in a parking lot. You never know what precious cargo may be in your path and your life as well as the life of someone else can change in a split second if you are not exercising caution at all times while driving.

Continue reading "Good Georgia Lawyer Discusses Wrongful Death In Georgia Due To Automobile Accident Tragedy" »

Last week, Williams Oinonen LLC helped sponsor and organize a two day event at Emory University School of Law presented by the Center for Advocacy and Dispute Resolution.

This past weekend, Williams Oinonen LLC presented a volunteer lunch and learn workshop for pre-law students at Covenant College. For more information on the event, you can view the printed flyer here: lunch and learn Poster fall 2011.pdf.

Covenant College is a four year liberal arts, Christian College that is the official college of the Presbyterian Church of America located on Lookout Mountain, Georgia. The topics covered during the workshop were:

- Deciding if law is the right choice for you
- Choosing your calling & career in law
- Getting into a top school
- Succeeding while you are there.

Next spring semester, Williams Oinonen LLC will be doing a field trip for Covenant College pre-law students to visit the state capitol, courts, and an admissions tour of Emory Law School. Good Georgia Lawyer believes that there is nothing better than working with young people--both college students and law students. Our law firm, Williams Oinonen LLC, plans to continue its work with colleges, universities, and law schools throughout Georgia.

For more information on scheduling a workshop covering a wide range of topics, contact Williams Oinonen LLC today at 404-654-0288.

This past year the United States Supreme Court dealt one of the most devastating blows to consumers yet, allowing big corporations to cheat Americans out of millions of dollars. In the case of AT & T Mobility v Concepcion, the Supreme Court ruled that a California's prohibition of allowing corporations to waive class action lawsuit rights was trumped by the Federal Arbitration Act.

What is the result? Now companies can now tack on unlawful, small fees on consumer bills without threat of recourse, making it even easier for the American consumer to be exploited by corporate fraud.

Have you ever looked at a bill, like your cell phone bill for example, and been shocked by the many different little fees that are included which end up totaling to a large amount? Back before the Supreme Court Case of AT & T Mobility v Concepcion was decided, lawyers were able to meaningfully help consumers who were being cheated out of money by companies who were adding wrongful, exorbitant fees to their bills. While corporations may cheat one consumer out of just a few dollars or even a few pennies, added up that can amount to millions of dollars that corporations are illegally stealing.

No lawyer would be able to afford representing a consumer to sue for just a few pennies or dollars. The way lawyers were able to help consumers and deter corporations from exploiting the American consumer is through consumer class action cases. Consumer class actions acted as the "watch dog enforcer" to prevent or at least deter big corporations from cheating millions of consumers.

Unfortunately, the Supreme Court's decision now stated that class action waivers in arbitration agreements must be enforced under the Federal Arbitration Act. This means all corporations need to do is include a mandatory arbitration agreement in the fine print. Thus, if any consumer gets cheated out of a few dollars, their only recourse is to go to individual arbitration. Obviously that is not worth the time and money for a lot of people. Nor would any attorney in their right mind, especially one who wants to keep their lights on and their doors open, be able to take a case like this. The result of course is that corporations have a blank check to cheat Americans out of millions of dollars without recourse.

How many times have you signed a credit card application, computer or cell phone agreement without reading the fine print? Do you know that most corporations will include a "mandatory arbitration" clause which waives your right to a lawsuit? Whereas courts were able to deem that part of the contract unconscionable and unenforceable prior to this Supreme Court decision, now the new law is binding. And corporations are going to have blanket protections from being held accountable because all they will now need to do is to include a "mandatory arbitration clause" every time they enter into a contract with anybody. And since most people don't have a choice whether they sign up for a cell phone, credit card, or other service---since most every corporation will now include such an agreement---there is no fear or deterrence to corporations.

Previously, consumer class actions lawsuits were the only real deterrent that the little guy had against the big corporation cheating them out of money. Obviously, a company isn't scared out of being sued over cheating someone over $10.00. They also know that every single individual consumer isn't going to sign up for arbitration. What they do know now is that they have a blank check to cheating consumers out of millions of dollars without the threat of a consumer class action lawsuit.

Unfortunately, the Supreme Court decision gives corporations license to commit theft without ever having to face the consequences. They are able to make massive profits by cheating consumers and the decision robs Americans of any meaningful way to fight back.

Good Georgia Lawyer's favorite advocacy group Public Citizen states that this is a dangerous decision which has impacts beyond consumer cases. Binding arbitration agreements can hit employees who sue their workers for discrimination, even if they haven't signed a clause.

For years, Congress have proposed bills, such as the Fairness in Arbitration Act, designed to minimize corporations' abilities to enforce fine-print lawsuit bans in consumer contracts. A form of such relief was passed as part of the Dodd-Frank financial reform bill which we have written about earlier.

The new Bureau of Consumer Financial Protection will study the issue, and after reporting to Congress, will have the right to restrict arbitration uses by companies. That agency's fate however is still up in the air in this political climate.

Good Georgia Lawyer urges Congress to insure that the rights of American consumers are protected.

A second corporation that manufacturers and distributes alcohol wipes that are supposed to prevent infection just issued a large recall because of possible bacterial contaminants. The company shared a mutual supplier with the same wipe maker in Wisconsin whose products have been blamed for deaths and illnesses.

Professional Disposables International Inc., or PDI, of New York, voluntarily recalled all lots of five types of non-sterile alcohol prep wipes because the company claimed low levels of a dangerous bacteria had been detected.

It is the same bacteria organism that resulted in massive international recalls, a company plant shutting down and multiple lawsuits against Triad Group and H&P Industries of Hartland, Wis.

People who used these alcohol wipes allege that they led to dangerous infections from products that should have been protecting the consumers.

The September 16th recall came right after federal agents from the FDA inspected the plant and tests showed the presence of dangerous bacteria. Nevertheless, the company claims the levels were low enough that products were still within regulatory levels. However, after speaking with the FDA they decided to voluntarily conduct the recall.

The law in Georgia protects consumers and establishes that Georgians have the legal right to safe products. No one should have to put their life and health at risk due to a defective product that can kill or injure.

To learn more about products liability laws in Georgia, Good Georgia Lawyer recommends you read some of the many articles we have written about defective products.

For more information or to schedule a consultation, contact Williams Oinonen LLC at 404-654-0288.

Years without accountability for big corporations, banks, and Wall Street resulted in the greatest financial crisis since the 1930's Depression. Eight million jobs were lost,
the housing market plummeted, businesses went bankrupt, and millions lost their personal savings and retirements. Consequently, more and more people have become aware of the devastating impact corporate fraud can create on the economy and individual Americans.

As a result, studies show that a greater number of employees are willing to become whistleblowers: turning in their employer for corruption, fraud, and wrongdoing. One of the motivating factors prompting employees to come forward is the incentive of financial reward that is paid out to whistleblowers who report false claims.

According to the federal government, there has been a spike in whistleblower cases filed with the U.S. government since 2005. Americans have become more exposed to the enormous corporate scandals involving subprime mortgage lenders, Bernie Madoff, or Enron--where the entire company has fallen apart and destroyed thousands of employees and shareholders' financial futures, gravely impacting the economy. Consequently, there is a greater awareness concerning the importance of blowing the whistle on corporate fraud.

For example, just last week the federal government ordered Bank of America to pay a whistleblower close to a million dollars in interest and back wages and was required to reinstate an employee who showed great courage in reporting fraud and standing up against it.

This is a positive trend that will in turn protect consumers, employees, and hopefully help prevent future scandals from causing such devastating impact. Nevertheless, corporations fear such results. And now, a new law--the Dodd Frank Financial Reform law--has been implemented providing monetary rewards for whistleblowers who report financial fraud.

Good Georgia Lawyer represents whistleblowers in qui tam or false claims whistleblower actions. We encourage you to read here to learn more.

Continue reading "Good Georgia Whistleblower Lawyer Discusses Increase In Employees Blowing The Whistle On Corporate Fraud" »

Good Georgia Lawyer invites you to attend tomorrow night's event, a screening of the fabulous film "The Fat Boy Chronicles" presented by Sandy Springs Education Force at North Springs Charter High School auditorium, Thursday, September 15th from 7:00 p.m. to 9:30 p.m. Click on the following link for more information: flyer-Family-Movie-Night-091511.pdf

A panel discussion will take place following the movie with author Michael Buchanan and the film's star, Chris Rivera.

If you have a child that is going through a bullying experience, this movie presents the perfect educational and entertainment opportunity. This film is about an overweight young teenager who is bullied about his appearance. The bullying makes school a very difficult experience for him. Yet he still manages to persevere, overcome his goals, lose weight and win over his dream girl.

Our law firm assists in protecting the rights of those harmed or injured due to a wrong or injustice, including bullying. Just a few of the many clients we represent involve families of those who have experienced bullying related issues.

For more information on Georgia law, please click on our bullying link and read the many informative articles we have already posted on our website.

To schedule an appointment with us today, contact Williams Oinonen LLC at 404-654-0288.

Good Georgia Lawyer invites you to attend a free movie screening of the fantastic film "Hot Coffee" at Emory University School of Law and hear film director Susan Saladoff speak.

Please view the following invitation by clicking here: Hot Coffee flyer.pdf

Williams Oinonen LLC is one of the sponsors of this event presented by the Center for Advocacy and Dispute Resolution at Emory University School of Law, 1301 Clifton Road in Atlanta, Georgia.

On Wednesday September 21, 2011, from 7:00 pm to 9:00 pm a panel of prestigious legal scholars will host a Round Table discussion concerning: "Are federal courts a fair and accessible forum?" This event will be held in Hunter Atrium, third floor of Emory University School of Law. It is free and open to the public.

On Thursday September 22, 2011, 4:00 pm to 8:30 pm we will present the movie screening of Hot Coffee, the exciting film by Susan Saladoff. Following the movie, we will proceed with a discussion of noted legal scholars and practitioners concerning this groundbreaking film.

4:00 pm--5:30 pm screening of "Hot Coffee" - Tull Auditorium
5:30 pm--6:30 pm Reception - Hunter Atrium
6:30 pm--7:30 pm Panel Debate: Reflections on Hot Coffee - Tull Auditorium
7:30 pm--8:30 pm Q&A with Susan Saladoff - Tull Auditorium

We hope to see you there!

For more information on the issues surrounding this movie, you can read our article here.

Today, the AJC reported that a Georgia restaurant chain called "This Is It" has been ordered by the feds to provide 230 workers $104,000 in back pay and fined nearly $1,900 for letting minors work illegal hours.

The U.S. Department of Labor took legal action after investigating the restaurant and found violations of record keeping, overtime, and minimum wage laws which protect workers. Furthermore, it found the restaurant chain wrongly classified employees as "exempt" consequently failing to pay them overtime (time and a half their regular rates) for hours over forty in a work week as required by the Fair Labor Standards Act.

Moreover, the restaurant chain did not pay workers minimum wage because it illegally deducted lunch breaks and uniform expenses. Additionally, underage workers were allowed to work restricted times. Finally, the company failed to maintain correct records of hours worked and money earned by the workers.

Unfortunately, Good Georgia Lawyer has seen that many businesses, especially the restaurant industry, make the mistake of committing numerous illegal and evasive business practices. This includes paying employees "under the table" without reporting them and denying them from overtime wages. This hurts businesses by exposing them to future liability, hurts the low-income worker who is especially vulnerable to being exploited, and ultimately further hinders our economy.

The Fair Labor Standards Act is a federal law which creates minimum wage, overtime wages, record keeping requirements, and laws concerning child labor. The FLSA protects both full and part time workers who work for private employers, state, local, and federal governments.

What We Recommend For Employers: It is advisable to seek a legal consultation so a lawyer can review your business operations and make sure you are in compliance with the law in order to avoid costly litigation. Additionally, hiring a payroll firm to help correctly compute wages and overtime compensation for workers is key.

What We Recommend For Employees: If you believe you are a victim of a wage and hour violation, we encourage you to come in for a legal consultation to protect your legal rights. Please review our law firm's practice area for different types of wage and hour abuses.

For an extensive listing of all Georgia employment laws, we encourage all to view the Georgia Department of Labor's website at this specific page.

As we approach election season, Williams Oinonen LLC taps into a niche practice area offering a selection of political and media consulting services to help candidates win their election. From strategic analysis to key issue and policy research, media messaging, communications, and opponent research--- we are all about results.

Williams Oinonen LLC employs the following described research methods:

 On the ground investigation. We have been known to travel to the remotest parts of Georgia's countryside to cities in far away states in order to obtain extraordinary results;
 Legal research and analysis: we bring a unique skill set as attorneys which allows us to identify key issues that are not obviously apparent to other opponent research & consulting firms.
 In depth review of all media sources: whether it is a newspaper, magazine, blog, or social media outlet, we gather facts on biographical data and public claims made by and about the candidate in all areas of his or her personal and political life;
 Examination of past legal proceedings including criminal records, civil lawsuits, liens, bankruptcies and judgment filings;
 Review of property and property tax payment records related to property owned by the candidate;
 Examination of candidate's campaign contributions with past and current donors;
 Assessment and compilation of the Candidate's voting history, work history, and social history--analyzing it for key areas that can be targeted within a campaign.

STRATEGIC ANALYSIS:

After compiling data, we synthesize it. This is what makes us unique amongst the competition. This process includes, but is not limited to, the following:

 We examine relationships as well as campaign contributions to the candidate and link future relationships, rewards, and connections with donors that can identify hidden vulnerabilities;
 We "connect the dots" regarding data compilation to help you develop the most effective strategic message creation and delivery;
 After synthesizing and integrating your data, we develop themes based on proven constituent concern areas such as ethics, accountability, stewardship, strong leadership, and so forth.
 We provide a user friendly "red" and "green" analysis: an easy to read synopsis at your fingertips for speeches, debate prep, and campaign ad development which easily identifies what key topics to target in order to defeat the opposition.

From a highly satisfied former client Senator:

"Hands down, Williams Oinonen is the best out there. They played a vital role in ensuring a landslide victory. From offering priceless opponent research, to developing key strategies, to providing media and political advice----they are a tenacious and unstoppable pair and are the one "must have" you want on your team. Ethical, honest, and committed, they were always there for me when I needed them. If you are looking to win---call Williams Oinonen."

Continue reading "Opponent Research For Political Campaigns During This Election Season" »

It is a start of a new school year and hundreds of children across Georgia will begin this fall with new teachers, new school supplies, new school uniforms, and a new beginning. Hopefully for most, bullying will not be a part of that equation.

Last year, our law firm assisted multiple families across Georgia whose children were dealing with bullying related issues from the most minor (occasional taunting) to the most serious (physical and sexual assault.)

The AJC wrote a very good article last November detailing the bullying problem in Georgia, also mentioning Williams Oinonen LLC's managing partner Julie Oinonen who has represented students, parents, and teachers in school districts around Georgia and has handled some of the most difficult bullying cases.

As the academic year commences, school districts begin to implement the new bullying laws and will have to train their faculty and staff accordingly. Here is just an example of what Clayton County is doing to train staff regarding bullying related issues and the new law.

Good Georgia Lawyer has written extensively about bullying laws in Georgia including how to resolve bullying problems for your child and the legal implications of bullying.

Hopefully, if you are reading this your child is not experiencing the physical and emotional trauma of bullying. However, if they are, it is helpful to let them know that they have a parent who loves them and will do their very best to protect them. One of the things you can do and we are confident that you will find most helpful is to schedule a legal appointment with our law firm. Here, you will learn your various legal options, how the law applies to your specific set of facts, and what specific legal and pragmatic recommendations are most appropriate to resolve the problem quickly and most effectively.

To schedule an appointment, contact Williams Oinonen LLC at 404-654-0288 today.

Good Georgia Lawyer is very happy to report that the United States Department of Education Office of Civil Rights is cracking down on how colleges and universities report sexual misconduct.

The tougher response comes after a federal investigation identified problems at a number of colleges where sexual assault victims were re-victimized by university policies and procedures.

The Obama administration approach is also in response to the previous administration's laissez faire approach. Now however, colleges and universities are all on notice that they must respond appropriately and accurately report sexual misconduct incidents. Additionally, feds have launched investigations on certain campuses.

In April, the US Department of Education's Office for Civil Rights (OCR) sent a letter to all colleges and universities clarifying specific ways that sexual misconduct should be dealt with under Title IX, a 1972 gender-equity law governing educational institutions that receive federal funds.

Among other things, the letter addresses appropriate time lines for resolving cases, supporting victims, and curing hostile environments. Thus far, at least 25 colleges and universities, ranging from Stanford University to the University of Virginia, have changed and implemented new policies in response to the letter say OCR officials calling it the "wake up call" that was needed.

One big issue is that college campuses must now use a "preponderance of the evidence" standard when adjudicating sexual assault cases. That means a university judicial board needs to be just over 50 percent sure the incident occurred. Some campuses had used a "clear and convincing" standard, which required about 75 percent and then some, like Stanford, had even required "beyond a reasonable doubt," similar to a criminal trial.

In addition to the April letter, OCR has been conducting inquiries and compliance reviews, prompted by concerns at specific schools. OCR reached a settlement with the University of Notre Dame this past summer which came about when a student committed suicide after accusing a fellow student of sexual assault. The school agreed to improve all the sexual assault policies, use a preponderance of the evidence standard, and resolve cases in a timely manner. Currently, Yale University is being investigated by the OCR as well concerning allegations of sexual harassment.

What Does The Law Say Regarding Sexual Assault At Colleges and Universities?

Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. Sec.1681, et seq., prohibits sex discrimination in any federally funded educational program or activity. Title IX also covers sexual violence and obligates schools to do the following. Once a school knows or reasonably should know a sexual assault it must take appropriate action to investigate:

• If sexual violence did happen the school must take immediate effective response to end it, prevent it, and address the effects.
• A school must take steps to protect the victim.
• A school must provide a complaint procedure for students to report sexual discrimination, harassment and assault. The procedures must present an equal opportunity for the accused and accuser to present evidence and appeal.
• A school must now use the preponderance of the evidence standard (51 percent) in adjudicating student judicial hearings.
• A school must notify both parties of the outcome.

Good Georgia Lawyer is encouraged because fortunately, these civil rights laws will now protect more and more students who are victims of sexual assault.

If you are a college student who has experienced a sexual crime on campus you are welcome to contact us to discuss your legal rights. But first, immediately seek medical treatment to preserve DNA and other related evidence. Call us though. We can provide legal counsel via telephone if you are too far away from our Atlanta office but still in Georgia. If you are outside of Georgia, we would be happy to refer you to another lawyer.

If you are a college or a university administrator, Williams Oinonen LLC offers legal consulting, workshops and seminars to train faculty and staff on a variety of legal issues that help insure that institutions comply with the law, avoid liability, and aid in promoting a positive university environment for all students.

Good Georgia Lawyer represents whistleblower employees who "blow the whistle" on their employer when they come forward with information that their employer is defrauding the government by violating the Federal False Claims Act. Federal prosecutors report that they have added two new health care fraud teams this year and studies say that this might provide an 85 percent increase in the number of health care fraud prosecutions in 2011 compared to 2010.

Thus far, 903 prosecutions for health fraud have ben reported so far this year of 2011. This is actually a a 24% increase from last year's total in 2010.

The recent past two year debate about health care reform has drawn the spotlight on the problem of health care fraud and its effect on the cost of health care. The Department of Justice reports that convictions have increased, so far there has been 24 trial convictions for fraud in Medicare compared to 23 last year.

In 2010, the United States recovered four billion dollars from health fraud cases after federal health care law established one health care fraud agency and enlarged another.
Medicare predicted provisions of the law would actually net $4.9 billion in abusive fraud savings in the ten years, which should be rolled back into Medicare.

The FBI's health care fraud criminal investigation unit also reports an increase in cases, which specifically focuses on corporations or hospitals.

Good Georgia Lawyer has written extensively about whistleblower actions in Georgia as it is a subject that is near and dear to our heart. For some examples of false claims fraud against the government and reasons why you should blow the whistle, read here.

The reasons, as we explain in this article are that you can help save lives by:

• Protecting Consumers by preventing companies from selling defective products that injure and kill;

• Protecting patients by discouraging pharmaceutical companies from marketing off labels pharmaceutical drugs unlawfully and preventing corporations from committing medicare and medicaid fraud by having them perform unnecessary or incorrect medical procedures.

• Protecting Soldiers from government contractors who sell defective military bulletproof vests and other protective gear;

• Protecting the Environment by discouraging companies who unlawfully steal our land's resources.

Other Reasons to Blow the Whistle:

You may be eligible to receive a portion (usually about 15 to 25 percent) of any recovered damages which sometimes can add up to millions of dollars in False Claims. It is important to be the person who reports it first because that person is the one who is entitled to financial reward. The law protects you from retaliation, demotion, harassment, and termination for reporting fraud.

If you work for a hospital, medical clinic, pharmeceutical company, or other corporation and you know that your company is cheating and defrauding the government, contact Williams Oinonen LLC today at 404-654-0288.