Subscribe/Unsubscribe/Change Address

Excerpts

"TORT REFORM": THE REAL DEFINITION.

Let's keep this article short.

"Tort reform" is being called for these days by mostly right-wing politicians and political commentators.

These politicians and political commentators claim that "tort reform" is the solution for "frivolous lawsuits."

This claim is false.

"Tort reform" is, and always has been, designed to eliminate, or reduce the potential recovery in, righteous and valid lawsuits. In spite of what the insurance industry issues as its press releases about "frivolous lawsuits," the fact remains that the insurance industry wants to eliminate righteous and valid lawsuits. That is the sole purpose of tort reform.

It is doubtful that "tort reform" will eliminate "frivolous lawsuits." It is certain that "tort reform" will eliminate righteous and valid lawsuits. That is the sole purpose of tort reform.

Next time you hear about a "frivolous lawsuit" in the news, please remember that a press agent for a major insurance company worked long hours to have the news carry that story, to suggest to you that most lawsuits are frivolous.

In fact, very few lawsuits are frivolous, but the insurance industry makes sure to publicize the ones that are frivolous.

The fact is, most lawsuits are valid and legitimate. There are frivolous lawsuits, but the vast majority of these are dismissed by judges long before they come up for trial.

Also, you may not know, but most frivolous lawsuits are filed by…you guessed it: INSURANCE COMPANIES! Insurance companies will file just about anything to recover money they have paid out in a claim. Insurance companies will chase the poorest, most innocent consumers to recover money that often is not owed. "Tort reform" legislation almost always prohibits individual consumers from filing lawsuits, but almost always makes an exception for corporations, because corporations feel they need to harass innocent consumers to collect money these corporations quite frequently are not owed.

So remember, next time you hear about "tort reform," keep in mind that if you are ever run over by a truck driven by a drunk driver, if some member of your family loses a limb because a doctor makes a bonehead mistake about which limb needs surgery, if you buy a clearly defective vehicle which stalls out on you at freeway speeds, if debt collectors make your life a living hell by calling you day and night to collect debts you do not owe, if someone steals your identity and the major credit bureaus ignore you even though your life is torn apart…if any of these or a thousand other horrendous things happen to you, TORT REFORM WILL PROHIBIT YOU FROM OBTAINING JUSTICE! PERIOD.

You want to keep alive your ability to seek justice when these types of things happen to you? Then VOTE AGAINST TORT REFORM, TELL YOUR REPRESENTATIVES TO VOTE AGAINST TORT REFORM, AND TELL YOUR FRIENDS AND YOUR FAMILY THAT JUDGES ALREADY GET RID OF MOST OF THE FRIVOLOUS LAWSUITS AND SHOULD BE TRUSTED TO DETERMINE WHICH LAWSUITS ARE FRIVOLOUS AND WHICH ONES HAVE MERIT. Justice is simply too important to leave to greedy insurance companies who make every effort to buy legislatures and sway public opinion with false and sensationalized stories.


Volume 1 Issue 5

When the Dealer Could Not, Would Not Duplicate the Problem

In our very first newsletter, The Sidebar advised unlucky lemon owners: "Don’t get discouraged if the service writer or technician states the problem couldn’t be duplicated. This doesn’t mean you are crazy; it only means they couldn’t or wouldn’t find the problem."

While this is very true, there still remains a burning question: Why couldn’t or wouldn’t they duplicate the problem?

I decided to do a wise thing with my questions – turn to the auto experts to shed some light. The following is some of what I learned.

If you or someone you know is experiencing a recurring problem with a new vehicle, and the dealer can not or will not duplicate the problem, you need Volume 1, Issue 5 of The Sidebar. Contact The Law Offices of Robert F. Brennan to obtain your copy today.

Volume 1 Issue 4

Lemon Laundering: Pattern and Practice of Deceit

The victims of "lemon laundering" are unsuspecting consumers who buy used "lemons" with no knowledge or notice that the car was once deemed a "lemon" by a car manufacturer.

In general, manufacturers must service and repair defects in vehicles covered by a warranty within a reasonable number of attempts. If a manufacturer fails to repair the defects within a reasonable number of attempts, the manufacturer is obligated by law to repurchase the vehicle.

The manufacturer must disclose that the car has been repurchased because the original owner experienced defects, and the nature of the defects must then be disclosed. However, in the spirit of escaping through loopholes, manufacturers have devised a number of ways to avoid this simple legal requirement.

If you or someone you know suspects you have purchased a "lemon-laundered" vehicle, you must have the newsletter containing this article. You need to contact The Law Offices of Robert F. Brennan and request a copy of our newsletter, The Sidebar. (Volume 1, Issue 4).

Volume 1 Issue 3

The Smart Consumer’s Guide to Buying a Used Car

Shrewd companies and salespersons cook up new ways to rip off the public on a daily, if not an hourly, basis. Concealed collision damage, rolled-back odometers, "laundered lemon" cars, where the manufacturer has repurchased the vehicle under lemon laws and then neglected to disclose the car’s history to the next buyer, used cars sold as new – these are just a few areas where dealerships and manufacturers are frequently committing fraud against consumers.

This short piece is designed to assist you in buying a used car, providing you with the proper tools to protect yourself from being ripped off on your next purchase.

The following tips, if followed, are much more likely to result in a satisfactory used car purchase.

If you have been the victim of used car fraud, or if you are planning to purchase a used car, you must have this newsletter to refer to and bring with you to your next purchase. You need to contact The Law Offices of Robert F. Brennan and request a copy of our newsletter, The Sidebar. (Volume 1, Issue 3).

Volume 1 Issue 2

Shark Alert! The Perils of Purchasing a Used Car

Planning on buying a used car soon? Then first open your eyes – very wide! Compare it with diving into a tank of sharks; financially you could run the risk of being eaten alive by unscrupulous car dealers. The amount of fraudulent activity occurring daily on dealership lots – according to the calls we’ve been receiving – is, if anything, getting worse.

What kinds of fraud can be perpetrated on a used car buyer? To name a few, forging your signature on documents, rolling back or replacing the odometer, falsifying figures or terms on a lease, lemon laundering, and lying about the previous ownership history.

To find out what you can do to protect yourself against unscrupulous used car sharks, you need to contact The Law Offices of Robert F. Brennan and request a copy of our newsletter, The Sidebar. (Volume 1, Issue 2).

Volume 1 Issue 1

The Lemon Vehicle… Do I Have a Good Case?

Owning a new car should be a fun experience, but it just follows the laws of probability that some percentage of consumers are going to wind up with defective, albeit new vehicles, and this regardless of manufacturer. If you are one of those unfortunates who think you have a lemon, and have decided you need legal assistance, a couple of questions may have already occurred to you to ask, i.e., "Do I have a good (lemon law) case?" and "What should I do next?"

For the answers to these questions and more, you need to contact The Law Offices of Robert F. Brennan and request a copy of our newsletter, The Sidebar. (Volume 1, Issue 1).

Advice to Unlucky Lemon Owners

Don’t blow your chances by becoming angry or apathetic. The key is to keep a cool head and cultivate your case. The following tips are made with that in mind:

"Don’t threaten to torch your car or drive it off a cliff"
"Don’t stop making your car payments"

For more advice on the do’s and don’ts of lemon law litigation, you need to contact The Law Offices of Robert F. Brennan and request a copy of our newsletter, The Sidebar. (Volume 1, Issue 1).

Subscribe/Unsubscribe/Change Address

Please fill out the following form to Subscribe or Unsubscribe:
(Email address or physical address required for response.)