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JANUARY 2011

Your Private Information is Online at Spokeo.com
Protecting your online privacy is akin to protecting both your personal and your financial well-being.

Internet predators who know information about you, including your address, your phone number or the names of your children, could harm you in a number of ways.

That's why we were shocked to learn there's an online data broker and aggregator that could very well be violating your privacy at this very moment.

Web users Jennifer Purcell of Illinois and Thomas Robins of Virginia found out the hard way, filing class action lawsuits against a company called Spokeo for what they feel are most definitely privacy violations.

Spokeo provides a service whereby people can access information about you through its website, including your address, phone number, your estimated age, the names of your children - even an estimate of your wealth. It also aggregates additional materials about you, including any pictures you may have posted on social media websites or information about the hobbies you enjoy in your spare time. Spokeo offers some of the information free of charge, while other data is provided for a nominal fee.

In recent news reports, Spokeo claimed the lawsuits against it should be dropped, arguing that it doesn't need to abide by federal fair credit reporting laws because it's a "search engine" and not a credit reporting agency. However, the lawsuits allege violations of the federal Fair Credit Reporting Act, which imposes restrictions on companies that issue credit reports about consumers.

After researching additional information about Spokeo online, we came across a website that offers tips to help you remove your information from the company's database. The website, Spin Sucks Blog, instructs people to do the following:
  • Go to Spokeo.com and type in your name.
  • Copy the URL in the address bar of your browser when it brings up your information.
  • Go to the bottom of the page and click on "Privacy."
  • Paste the URL in the box provided on the next page.
  • Be sure to include your email address in the form (it gives further instructions via email).
  • Enter the validation code and click "Remove Listing."
  • Go to your email and click on the link they provide to you.
  • Confirm the directory listing has been deleted.
  • Go back to Spokeo and enter your name to be sure it was deleted.
Also, if you have been known by another name (e.g., maiden name, previous husband's name, etc.) be sure to search on those and delete them as well. Even though critics of Spokeo say the deletion of your information isn't always permanent, we feel it's important to remove your information and to check back periodically to determine whether or not it stays that way.

Does Your Dream Car Pass the Test?
As auto defects experts, we know manufacturers have a long way to go when it comes to making cars safer for motorists.

While we remain both critical and skeptical when it comes to vehicle safety based on the number of severe personal injury and wrongful death cases we represent due to auto defects, we also firmly believe in letting the public know when cars perform well in crash tests. That said, we felt it important to highlight the 2011 Top Safety Picks, published by the Insurance Institute for Highway Safety (IIHS).

To determine crashworthiness -- how well a vehicle protects its occupants in a crash-- the Institute rates vehicles good, acceptable, marginal or poor based on performance in high-speed front and side crash tests, a rollover test, and evaluations of seat/head restraints for protection against neck injuries in rear impacts. To earn Top Safety Pick for 2011, the Institute says a vehicle must have good ratings in all four Institute tests. In addition, the winning vehicles must offer electronic stability control.

Did your favorite automaker fare well in the IIHS test? Did your dream car pass the test?

In this section, we've highlighted the top 5 automakers with the largest number of vehicles on the IIHS list. What's more, we've included a link to the IIHS website, so you can see the full list of vehicles that made the safety grade.

A total of 66 cars were deemed safest by the Insurance Institute for Highway Safety, including 40 cars, 25 SUVs and one minivan. Below are the top five automakers in alphabetical order, followed by their vehicles that with good ratings in all four tests.

Ford
  • Ford Explorer
  • Ford Fiesta
  • Ford Flex
  • Ford Fusion
  • Ford Taurus
  • Lincoln MKS
  • Lincoln MKT
  • Lincoln MKZ
General Motors
  • Buick Lacrosse
  • Buick Regal
  • Cadillac CTS
  • Cadillac SRX
  • Chevrolet Cruz
  • Chevrolet Equinox
  • Chevrolet Malibu
  • GMC Terrain
Hyundai
  • Hyundai Genesis
  • Hyundai Santa Fe
  • Hyundai Sonata
  • Hyundai Tucson
  • Kia Forte
  • Kia Optima
  • Kia Sorento
  • Kia Soul
  • Kia Sportage
Toyota
  • Toyota Avalon
  • Toyota Corolla
  • Toyota Highlander
  • Toyota Sienna
  • Toyota Venza
  • Lexus RX
  • Scion tC
  • Scion xB
Volkswagen
  • Audi A3
  • Audi A4
  • Volkswagen Jetta Sedan
  • Volkswagen Jetta SportWagen
  • Volkswagen Golf
  • Volkswagen GTI
  • Volkswagen Tiguan
  • Volkswagen Touareg
Check out the full list of 2011 Top Safety Picks, published by the Insurance Institute for Highway Safety. According to its website, the Insurance Institute for Highway Safety is an independent, nonprofit, scientific and educational organization dedicated to reducing the losses -- deaths, injuries, and property damage -- from crashes on the nation's highways.

Brian Chase "Lays Down the Law" on KABC-FM
Our very own Brian Chase has been invited by Larry Elder, best-selling author and KABC radio talk show host, to serve as the official and exclusive on-air personal injury expert of the new "Larry on the Law Show" (LarryOnTheLaw.com).

The show is scheduled to air Saturdays from 3:00 p.m. to 5:00 p.m. (PT) on 790 KABC FM Los Angeles beginning January 29th. Hosted by Larry Elder -- attorney and nationally-syndicated host of KABC radio's daily morning talk show in Los Angeles -- "Larry on the Law" is designed to answer legal questions and to help alleviate the fear and confusion many people face when dealing with legal issues.

Brian will field personal injury and product liability questions and will discuss some of our firm's high-profile cases with "Larry on the Law" listeners. Brian makes his radio talk show debut on January 29, 2011, from 3:00 p.m. to 5:00 p.m. (PT) and will be featured monthly during the personal injury segment of "Larry on the Law."

Promo ads featuring Larry and Brian are currently running on KABC radio, and on the KABC electronic billboard on the 405 Freeway near Lawndale.

So tune in at 3:00 PM on January 29, on 790 KABC FM Los Angeles, and listen as Brian lays down the law on "Larry on the Law" -- your judge and jury authority.

Cases in the Queue
Parachute Fails, Skydiver Sustains Traumatic Injuries

We're currently representing a client who sustained traumatic personal injuries during a July 2009 skydiving incident in Riverside County, California. The incident happened when our client jumped from a plane that was owned and operated by Skydive Elsinore. His parachute failed to open, causing him to hit the ground at a high rate of speed where he sustained a myriad of severe personal injuries that will debilitate him for life.

According to court documents, Skydive Elsinore and Lawrence Noggle -- an officer of the company - demonstrated negligence in this case by failing to ensure that a qualified, licensed "rigger" (a person who packs parachutes for skydives) packed the victim's chute properly before the jump.

What's more, court records indicate there were no qualified representatives of the company present when the victim's chute was packed.

The suit also claims Skydive Elsinore and Lawrence Noggle failed to ensure that the parachute was working properly nor that the victim had received proper training and instruction prior to the jump, and that the parachute he used was not appropriate based on his skill level as a jumper.

The lawsuit goes on to state that the parachute designed and manufactured by Performance Designs, Inc., SSK Industries, Inc., and Airtec Pneumatics, Inc. was defective and that these defects caused it to fail to open properly, contributing to the incident that day and to the injuries our client sustained.

We're seeking damages for negligence, product liability, pain and suffering and emotional distress, past and future medical expenses, loss of past and future earnings and court costs. The case is pending in the California Superior Court of Riverside County.

We'll be sure to keep you abreast of the latest developments in this case.

The Giving Spotlight
Helping Others Beyond the Courtroom

When Nicole Michau, our Supervising Litigation Paralegal, learned of our client's financial hardships, she rallied other Bisnar | Chase Personal Injury Attorneys, LLP staff members to solicit food and monetary donations, to help our client feed her family.

At Bisnar | Chase Personal Injury Attorneys, LLP, we've made it our mission to fight tirelessly for our clients, to get the money they deserve after a serious injury or wrongful death. The legal process, however, takes time, and until a settlement is reached or a judgment is awarded, many of our clients struggle with the financial hardships that accompany a debilitating injury or the loss of a loved one.

Such is the case with one of our clients who was severely injured in the summer of 2009. In the midst of the logistics involved with her case (which is pending trial), and the medical treatments she needs to rehabilitate her injuries, she and her husband find themselves unemployed and struggling to maintain a household while supporting their 17-year-old daughter who still lives at home.

"It's hard for me to imagine suffering from the pain and rehabilitation of a serious injury, while worrying about how you're going to support your family in the process," said Nicole. "It broke my heart to know she'd already been through so much, and yet, she's worrying about how to make ends meet. I had to do something."

And do something she did.

So far, between the money raised and the matching donations made by our executive team, we've been able to give this family of three enough money for 2-3 months of groceries -- and the donations continue to come in. It's this giving spirit that motivates us, that drives us, to be better and do better - not only for our clients but for members of the community too.

We're extremely blessed to have Nicole on our team and we're proud of her efforts -- in the office and beyond.

Reader Q and A
Send Your Question to ask@bestattorney.com and We'll Answer It

Question: Is it too late for litigation for the wrongful death of my wife killed on Mother's Day, May 13, 2007, in Los Angeles?

Answer: For most wrongful death claims in California, a lawsuit must be filed within two years of the date of the decedent's death. Some special rules might stop the running of the statue, including the legal incapacity of a claimant being a minor. You should consult with an experienced wrongful death attorney to evaluate whether or not a special rule might apply to your claim which would allow you to bring a claim against the responsible tortfeasors later than the two year anniversary of your loved-one's death.

Lawyer Joke
An Ethical Dilemma

A lawyer charged a man $500 for legal services.

The man paid him with crisp new $100 bills. After the client left, the lawyer discovered that two bills had stuck together -- he'd been overpaid by $100.

The lawyer's two ethical dilemmas? Whether or not he should tell his partner . . . and whether or not he should report it to the IRS!

Defective DePuy Hip Replacement Implants
Second Hip Replacement Required After First Fails

Johnson & Johnson is recalling two products: the ASR XL Acetabular System, a hip socket used in traditional hip replacement, and the ASR Hip Resurfacing System, a partial hip replacement that involves placing a metal cap on the ball of the femur, a method intended to preserve more bone.

If you have had one of these products implanted, you should see your doctor for a check up. If you had it removed due to failure of the system, or if your doctor recommends you have it removed, you need to consult us immediately. Please call 1-800-561-4887 for a free, no-obligation legal consultation.


Yours truly,
Bisnar | Chase Personal Injury Attorneys, LLP
www.BestAttorney.com
1-800-561-4887


© 2012 Bisnar | Chase Personal Injury Attorneys, LLP. All Rights Reserved.