Posts Tagged ‘claim’

Lawyers Quickly Accumulate Fees During Proceedings

Friday, September 3rd, 2010

A lawyer has charged a monthly fee of a sixty year-old woman for the past four years. She may have been awarded $101 per month for her disability claim, but she now pays the lawyer a huge percentage of that. One miner, who was disabled, has payed his lawyer monthly for over ten years now. The lawyer collects a big portion of the $134 the miner gets each month.

These are people who needed representation but could not afford exorbitant legal fees. The woman mentioned above is on welfare, and her husband’s Cancer has made him bedridden and unable to work. But the poor are the only ones affected by large legal fees. The middle class suffer in their pocketbooks just as much, if not more, than the lower class.

According to one author, because the middle class have a little money and they really have no power when it comes to things like legislative decisions, they have become one of the most common victims. What’s crazy about this fact is the middle class also produces most of our lawyers, which the author states should be subject to psychoanalytic interpretations.

Hourly fees are charged by a lawyer. One lawyer who concentrates on compensation cases argues that doctors and plumbers are paid on an hourly basis, so why shouldn’t attorneys be paid hourly? While it is general concensus that attorneys should be paid for their time, there is still the argument that perhaps they should not be allowed to charge such high fees for compensation-type cases where the payments are over a lifetime. Some middle class clients have taken on lifetime payments for legal services rendered during their personal injury lawsuit, divorce proceeding, real estate transaction, and even drafting their Last Will and Testament.

There have been instances of attorneys who were appointed trustees of estates or trust funds, where they have stolen the money from the very people for whom they were to keep the money safe. Rather than actually steal the money, other lawyers just charge outrageous amounts for their services. One partnership charged legal fees over a five year period of up to approximately 60 per cent of one six figure estate. The court had ruled the man incompetent and unable to manage his own affairs, so the attorneys were appointed to manage them for him. In this particular case, the lawyers had to return the money. The attorney who brought the partners to court was considered eccentric by his peers and constituents. Other lawyers would have nothing to do with it.

Media sources contribute to this issue because they use the courts as only sources to get more content. Though the information is on file at the courts and readily available to the public, the media pay no attention to the newsworthiness of attorney and guardian fees. Bar associations also place a lot of pressure on attorneys and subversively encourage devious behavior. They are vehemently against any kind of regulation of the client/lawyer relationship. Whenever the legal profession comes under fire in the media, they are right there protesting and denying any type of negative relation to the legal field.

Some lawyers will only take a percentage of the settlement as payment, though it is common practice to charge an hourly fee. The bar associations usually allow the imposed minimum fee agreements. These contingency fee agreements state that the attorney can take a percentage of the money awarded if the case is successful. For personal injury and accident cases, these fees can range from 25 percent to 50 percent of the award amount.

Americans created this kind of fee, just like they invented poker. Europeans are not fans of contingency fees, and won?t allow them. Injured workers were first helped in the US in 1848 with contingency fees. In order to begin a civil suit, you needed the money up front, and a contingency arrangement was the only way to do that.

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Rich Lawyers And Personal Injury Scams

Thursday, September 2nd, 2010

Congratulations America, we’ve finally given the personal injury lawyers all the rope they need, and how fitting their plight, since they’ve been hanging Americans out to dry for decades. From The New York Times came the information that surprised millions of Americans as they found out how personal injury lawyers, choosing the safety of their personal lawsuits and large rewards, were completely aware of the situation in a certain tire company but there was no one who bothered to file a report with the authorities causing over 200 deaths. What the lawyers claimed was that it was their obligation to the client to keep information confidential.

Modern contingency fee arrangements include a fee for lawyers who can amount to a third or a half of whatever settlement the client gets. When it comes to protection, the lawyers were securing their money. Normally, public safety should be prioritized over profits but for the lawyers here they are applying a double standard for their own gain. Nothing is wrong when the lawyers are the ones violating this ruling and this kind of argument has never succeeded in the court of public opinion. In this case, people will be aware of how personal injury lawyers do not exist to protect the interests of consumers.

Finally it becomes a possibility to expose these lawyers for the hooligans that they are, people who are only interested in their personal gain resorting to the manipulation of the system as well as hiding behind an image of being the protectors for consumers. The tire defects issue is only the latest in a continuing pattern of lawsuit abuse that has shaken our very Constitution, and it starts with the election process. While comprising a mere fraction of the population, the personal injury lawyers as a special interest account for one of the largest single donors to political campaigns. Because of this, the well educated elite are provided with the means to control the laws that are meant for the entire population making it beneficial to a chosen few.

In the hopes of gaining huge settlements, the personal injury lawyers are even attacking dealers of safe and useful goods and services with bogus class action lawsuits. Not only did they hide behind consumers as they filed bogus class actions but they demanded hefty settlements for these as well. Normally, clients represented by these lawyers end up without much of a settlement especially during one case over computer monitor sizes wherein they only got $6 coupons and their lawyers got $6 million. For these lawsuits, they have the capacity to tale police off of the streets not to mention close parks and pools plus increase taxes.

Other than forcing job cuts, small businesses that are targeted by these often close down. Frivolous lawsuits against health care providers raise prices and jeopardize access to care. The cost of living is heightened by these. The annual cost from lawsuits is $1,200 per American according to the American tort reform association. From these arise the loss of faith in the legal system, delayed justice for actual victims, and clogged courts.

Not only are the members keeping mum about things but the personal injury lawyers’ bar still fails to accept that a problem exists. Trying to regain the good reputation of the system without any extortion against American business and consumers are the colleagues of these lawyers. Back in the day the personal injury lawyers reigned like Haman of old but nowadays it is their victims who are the ones hanging them out to dry. When it comes to the injustices caused by personal injury lawyers, maybe by exposing their crimes it would be possible for their influence to wane especially when it comes to the legislators, liberties, and the courts.

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Locusts Versus Personal Injury Lawyers

Wednesday, September 1st, 2010

It is possible for you to collect and recall several digits if you have been exposed to a number of numbers in your life. It is in the United States where the federal debt is $8 trillion and $28,000 is the average for every family in America. Such figures are terrifying. There is another number which is scarier. More than a million lawyers have been able to pass the bar in the United States.

No civilization has ever had to endure a million lawyers. It’s not known if civilization can long endure the onslaught of one million lawyers. But we cannot operate well in society without the presence of lawyers. For example, we need corporate lawyers, patent lawyers, contract lawyers, prosecuting attorneys and defense attorneys for the justice system, lawyers. This is where personal injury lawyers and class action lawyers belong to a class by themselves in terms of how they assist society.

It is believed by the religious people that every sin translates to a direct punishment from God. A few thousand years ago, God sent a terrible flood that drowned all but Noah and a chosen few. Holding the Jews in bondage caused God to then send the seven plagues of Egypt. Killing nearly half the population of Europe in the Middle Ages was the black plague. But there is no harsher punishment as that which befell those in the United States in the form of personal injury lawyers.

Any kind of injury is the concern of all personal injury lawyers. Take note of this example where there is a man called BC who went all the way to Brooklyn for rest and relaxation. An intensely massive pair of boobs that belonged to one of the dancers hit BC on the head while he was trying to get his R&R. Inevitable were contusions, lacerations, and several bruises mainly from the impact. To serve as the compensation for mental anguish, indignity, and emotional stress, $200,000 was demanded by BC’s lawyer. An attack from the 57 inch bosoms may have led to the emotional stress and mental anguish of BC later on.

In one of the popular coffee shops in Manhattan was where a Canadian tourist in New York City planned to get some coffee. Of course he also went to the toilet whilst there. He needed some toilet paper afterwards and reached for it. Sadly this caused the seat to shift and afterwards it clamped his manhood to the toilet bowl leading to intense suffering for this man. Aside from his lawyer suing for a million in compensation for his injury, this man’s wife is also suing for the loss of his marital services amounting to a whopping $500,000. When it comes to this the bizarre thing is how the wife values his manhood less.

It is not a good sight to see when people treat their mistakes as the faults of someone else. It seemed like a good idea for one Pensacola, Fla man to drink with some friends. It was in the wee hours of the night after a heavy drinking session with a lot of friends that this man went off to some railroad tracks where he passed out.

Shortly thereafter, a train passed by and he suddenly became a left hander. What happened next? Obviously, the man sued the railroad for negligently running a train down their railroad tracks while he was sleeping on them. He was awarded $900,000.

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Lawyer Strives To Give His Best In Serving His Clients

Wednesday, September 1st, 2010

The fact that this local attorney deals in workers’ compensation cases shows his success. He does not give a figure of how much he makes, but he says he is successful, given that he already owns a Rolls Royce and an apartment building. His earnings from dealing in workers’ compensation cases indicate his success. It was during an investigation that lasted two months that the Associated Press and Better Government Assn. made a decision regarding when to schedule the two day arbitration hearings before the Illinois Industrial Commission in Springfield.

On those two days, he handled around 134 cases. He ended up with earnings amounting to $19,238 94 for handling and closing 34 cases. Earnings of another legal specialist after handling 12 cases totaled to $17,619 55.

Those attorneys who practice workers’ compensation are benefited with skyrocketing fees in recent years the same time as business costs and payouts of workers’ compensation benefits. Those who practice workers’ compensation full time would usually end up with profitable practices. Extremely heavy cases are handled by some. Every settlement handled by the lawyer would often entail a lawyer’s fee of 20%. Majority of cases don’t go to arbitration.

There is a lawyer who advertises his services in a quarter page of the local telephone directory. He feels he is successful because of the amount of work he has put in for the last 12 years, He talks to around 50 to 80 people. This is a tough job, according to him. A number of people whom he talks to are to poor to purchase food for their families.

I am doing this for myself, that’s why I work hard. According to him, it’s a bit saddening when those who have a fixed fee working for the state or an insurance company don’t do as much as he does. People have asked me whether or not it’s true that workers’ compensation lawyers are swindlers. This is a wrong approach to take. He explains that he is not a fraud.

Lawyers want the most for their clients, but they would also want to have something for themselves. People ask if we don’t get paid too much and if why don’t you rip off companies. Well, it is my job to do what I can to represent my clients and get what I can in the process. Of course, there are times when a person takes more than what is allowed. But companies should maintain their stand.

There are times when companies do not pay the amount of a person’s medical expenses right away. Amount of permanent disability and amount of medical treatment are other problems that need to be considered. Unless they are assured that the medical treatment will be covered by the insurance company, some doctors don’t give the treatment. Until they are assured of payment, doctors do not give the medical treatment.

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3 Important Planning Steps Before Working With A Divorce Lawyer

Tuesday, August 31st, 2010

If you are planning on a divorce then it is paramount to know how to work with a divorce lawyer. There are three important planning steps that you can use to make the process simpler and also try and keep costs down.

Get Organized – It is important that you get yourself organized. A lawyer is going to ask you for an inventory of all of your assets and liabilities. You can get all this information before you meet with the attorney. The attorney will need this information in the form of written evidence such as bank statements, credit card statements, etc. They cannot just operate on the work of their client in this matter. Understand that tax returns will likely be requested, also. Other items that come into play are 401K plan statements, pension statements, and IRA statements. Also, if you have wills or other documents that may prove that some of your property is separate and not community property. Separate property was either brought into the marriage or received in the form of inheritance.

Set priorities – Setting priorities can be vital in making sure that you do not get bogged down in the process. By priorities, I mean determining what is important for you. Remember that all the assets are going to be divided. You should figure out if you want to keep the house or not. You should then determine other material possessions and what is important for you.

It is important not to get too carried away, because you may not be able to “keep everything”. Realize that your spouse will get things as well. If you have children, determine who will get custody. Then determine a proposed visitation schedule for the other spouse. Children and visitation are often the issues that bog down the divorce procedure.

Be reasonable – Being reasonable can help you get divorced so that you can get on with your life. Think about what may be important to the other spouse. Sure you may hate him/her, but you still have to reach an agreement on separation of property, residence for the children, and visitation.

A big part of getting through the divorce procedure is being prepared for negotiations. This way ahead of time you can have an idea of what you may give up and what your spouse may give up. As mentioned under the priorities section, these are the things that really matter. Don’t treat this like a contest. Generally, the people that win in a contest are the attorneys due to the high legal fees that can be incurred. Realize that it may be a 50/50 split in the end. Thus, being reasonable should help you contribute towards the other spouse’s 50 while getting you the things that are most important.

In summary, a divorce lawyer works for an hourly wage in most circumstances. Planning on your part can help keep these costs down and also speed up the divorce process.

You can find more Divorce Articles at Articoolz.com

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A Lawyers Favorite Lawyer Jokes

Saturday, August 28th, 2010

Lawyer Jokes

Q: How does a pregnant woman know she is carrying a future lawyer?

A: She has an extreme craving for baloney.

Q: What is the legal definition of “Appeal”?

A: Something a person slips on in a grocery store.

Q: Why did God make snakes just before lawyers?

A: To practice.

Q: What do you call a lawyer with an IQ of 12?

A: Your Honor.

Q: What’s the difference between a lawyer and a herd of buffalo?

A: The lawyer charges more.

Q: What do you call a smiling, sober, courteous person at a bar association convention?

A: The caterer.

Q: Why are lawyers like nuclear weapons?

A: If one side has one, the other side has to get one.

Q: What do you get when you cross the Godfather with a lawyer?

A: An offer you can’t understand.

Q: What do you call a lawyer gone bad?

A: Senator

Q: Did you hear they just released a new Barbie doll called “Divorced Barbie”?

A: It comes with half of Ken’s things and alimony.

Q: What’s the difference between an attorney and a pit bull?

A: Jewelry.

Q: What’s the definition of mixed emotions?

A: Watching your attorney drive over a cliff in your new Ferrari.

Q: What’s the difference between lawyers and accountants?

A: At least accountants know they’re boring.

Stories:

1. A man who had been caught embezzling millions went to a lawyer. His lawyer told him, “Don’t worry. You’ll never go to jail with all that money? In fact, when the man was sent to prison, he didn’t have a dime.

2. As the lawyer awoke from surgery, he asked, “Why are all the blinds drawn?” The nurse answered, “There’s a fire across the street, and we didn’t want you to think you had died.”

3. God decided to take the devil to court and settle their differences once and for all. Satan heard this, laughed and said, “And where do you think you’re going to find a lawyer?”

4. A lawyer is sitting at the desk in his new office. He hears someone coming to the door. To impress his first potential client, he picks up the phone as the door opens and says, “I demand one million and not a penny less.” As he hangs up, the man now standing in his office says, “I’m here to hook up your phone.”

And finally:

You Might Be A Lawyer If…. You are charging someone to read these jokes.

This article brought to you by no win no fee lawyer in conjunction with lawyers adelaide

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Accident Claim With A Specialist Solicitor

Thursday, August 26th, 2010

Everyone has heard of an accident claim, but few people know how to deal with the traumatising experience when it comes. Life quickly becomes confusing and frustrating as you deal with physical pain and the bureaucratic red tape.

While there is no shortage of accident solicitors that deal with injury or accident claims, there is definitely a shortage of actual efficient and reliable ones. Choosing the wrong legal advice team for your claim can cost you money as well as in the final result, zero compensation.

Accident Injury Is Unpredictable!

Accidents can happen anywhere, so feel protected at all times. Whether at work, out socially, on business or just having some fun, accidents can quickly turn your life upside down and turn everyday chores and pleasures into frustrating tasks. Thus possibly requiring the help and pity of others.

Work becomes impossible, and you feel like a burden on everyone around you. You think back to life before the injury and wonder why it happened to you.

Don’t Blame Yourself

The first thing many people feel after an accident is the embarrassment and somehow personally become responsible for their injury. Such a mind-frame can quickly lead to depression, which can affect all those around you. It can also help to slow down the recovery process, preventing the possibility of an injury claim.

Don’t feel that somehow you don’t deserve compensation for your injury. If someone is responsible for your suffering then, you should seriously consider talking to a competent, experienced and reliable accident solicitor who has the power to earn you an impressive compensation settlement.

People are injured everyday due to negligence of others; don’t allow yourself to become just another statistic that’s left to recover without the financial aid you deserve.

Living With A Serious Injury

For many, the pain and debilitation after an injury is almost too much to handle. Life takes an unexpected turn as you spend your days, bed-ridden, stuck at home, or in physiotherapy, trying to regain your lost mobility and freedom.

You feel that you can no longer provide for your family, and simple things like playing in the back yard with your kids and going on vacation are no longer a viable options.

An accident injury claim is not a mere slap in the face and, through the haze of suffering, frustration and confusion, you want to see the light at the end of the tunnel.

Ready For Some Action?

The first step is to find a personal injury solicitor who can be relied upon to produce a successful victory for your compensation claim.

There are all sorts of solicitors advertising their credentials and claiming to be the ‘hard-hitters’, but this is merely fiction.

The most critical step in an injury claim is choosing a competent and reliable solicitor to manage your case. When coming to this decision, there are several questions that must be addressed. You must be sure that the solicitor is experienced and has produced ‘good’ results for their previous clients.

You need to be comfortable with your accident solicitor and be able to speak freely and comfortably with them. With a comfortable, professional relationship established, a successful accident claim settlement will be within your reach.

Balls In Your Court

Always remember that there is a reason why you are reading this today to make an accident compensation claim for your accident injury. Don’t allow your situation to get the better of you.

Without proper consultation, an injured victim’s life may never get back on track. Taking the crucial steps of filing an accident injury can be the first step in turning everything around and getting back behind the steering wheel of life.

Don’t let your injury get the better of you; make those responsible, responsible! If someone else’s negligence is behind your pain, then take the necessary action and get what you deserve.

This article brought to you by compensation solicitors in conjunction with medical malpractice

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Requirements To Claim For The Harm Suffered By You

Monday, August 9th, 2010

If you’re a worker with a personal injury claim, you don’t have to handle it alone; certain attorneys specialize in this area.

It is important to consult an attorney in regards to specific legal information. It is possible to look at compensation and personal injury law in general terms. No two people will have the same circumstances, but your attorney can give you the specific information that you need.

General descriptions of the law practice are or information about what the practice does not do aren’t true indicators of whether a particular attorney is specially trained or expert in the field of personal injury compensation. As a potential client it’s your job to do your own evaluation and/or investigation of any lawyer you might consider hiring. You should never choose an attorney simply because of an advertisement that you see on TV. Choosing an attorney to represent you is a very important decision.

For instance, you have suffered a serious knee injury on the job for which you require an immediate operation, and you can no longer function in your current position. As a result, the company for which you have worked for over two decades ends your employment. In addition, the doctor has rated your knee at a 20 percent loss.

So the insurance company informs you that you’ll be receiving 44 weeks of benefits from worker’s compensation. But, do you think you should get more? The first step is to schedule a meeting with a worker’s compensation expert to find out if there are mitigating items which entitle you to more money.

Knee injuries fall under the category of a scheduled claim. Using this schedule, an injury to the knee can claim 220 weeks worth of compensation. So 20 percent of 220 is 44, which is the number of weeks the insurance company will pay.

Typically, you are allowed to appeal the initial compensation determination for review. If there are mental issues involved as a function of the damage, you may be entitled to additional payment as a result. Sometimes, knee injuries lead to back pain, which could also increase your compensation.

A Second Injury Fund claim can be made if you have a previously incurred injury to the already scheduled body part; included in these claims are damage to the foot, leg, knee, arm, and hand. You insurance company is not on your side; do not accept what they tell you. A reputable worker’s compensation attorney can explain these factors to you and look into what your rights are.

Your lawyer will make sure that the defendants accept their responsibility for your injury and come up with appropriate compensation for the accident that they caused. Your insurance company, and their lawyers, have spent large amounts of money and time trying to put forth the idea that most personal injury lawsuits are frivolous.

This is the negative impression that most jurors enter the courtroom with, unfortunately. Basically, people have these “toxic” thoughts swimming around in our heads before they serve jury duty, polluted by the disinformation from insurance companies.

The defense industry has become arrogant enough to believe that any excuse them come up with will make sure the defendants will be cleared of any responsibility for their own negligent actions. The reasons for this is because most jurors have already been preconditioned to think most people filing a lawsuit are just after some easy money. This dilemma is compounded further when the damage to the plaintiff is more subtle, such as a problem which is only visible on a sophisticated x-ray or scan.

Of course, juries should not take what the plaintiff says entirely at face value. But, in order to make the correct judgment, they should not take everything the defense says as gospel either. There is the fact, though, that all injured parties are allowed to ask for an impartial and fair jury to hear their case and make a decision.

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Lawyer’s At Risk Of Going Broke

Sunday, August 8th, 2010

An attorney points out that the current state system for compensating lawyers who have indigent clients is unconstitutional and insists that the state system be changed to fairer one. The lawyer revealed to the seven member court how unfair it was that attorneys had to sacrifice their own finances just so that indigent clients can have defense services. As shown by how the justices of the court reacted to his testimony, he seemed to get their sympathy.

Compensation is definitely a problem in rural areas where public defenders’ offices are nil and there are hardly any lawyers available. Judges suddenly have to handle responsibilities of setting up indigent defense systems and also assigning cases to lawyers. It is up to the state and not the legal profession to make sure fair trial and defense are given to indigent criminals.

Are any constitutional rights available to lawyers? In the United States, only lawyers are required by state to donate their resources without adequate compensation. What is being required of lawyers by the state should be required of other workers as well.

Whether or not the compensation will satisfy the attorneys, they have a moral and ethical duty to represent a client. The state is not bound by the constitution to provide payment to attorneys who do public defender work. In the state of Kansas, attorneys are obligated to represent anyone in the public.

Those lawyers who represent indigent clients are losing money for sure. Though the compensation problem bothers me, I cannot deny that attorneys are bound by law to take indigent cases. No attorney has the right to make a profit when he represents indigent clients.

An attorney points out that he recognizes his duty to help the poor, but he does not want it to cause serious financial problems. A justice explained that she couldn’t understand why during a financial crisis, private attorneys’ rates were cut down while the public defenders’ offices’ budgets remained as they were.

The justice saw the similarity between the present condition of the state and the old federal system where the attorneys provided legal services without any form of compensation. There now is a federal public defenders’ system.

Aside from the fact that attorneys are unfairly required to spend their own money in defending indigent criminals, the accused are also unfairly denied their unconstitutional rights to sufficient legal representation. You’ll end up with a weighing scale containing your financial state in one hand and your client’s rights on the other. The defendants will not be able to get the fair trial that is within their constitutional rights.

It used to be an honor to be appointed to represent someone. Juvenile and probationary cases were then included in the package. The system is about to self destruct. I am willing and proud to work for free once in a while. But this thing has simply gotten out of hand.

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Computer Company Chooses Settlement Over Trial Jury

Friday, August 6th, 2010

There is a Texas personal injury lawyer who came up with a moneymaking plan involving the laptop computer industry. A phantom class action lawsuit can be filed against a company because of a nonexistent problem. This is a serious matter that no one should laugh about, especially those involved in the selling of laptop computers. Price increases may come out of the lawsuits that have been filed against five other companies.

There is a lawyer who not only helped Texas against a tobacco company but also managed to extract a settlement from a Japanese appliance maker amounting to $2 billion. Since the company could lose more if they lose in court, they decided on settling the suit late last month.

From this, he and his fellow lawyers were able to get around $147 million in contingency fees. Millions of owners were also given cash rebates and discount coupons by the computer manufacturer. The filing of the lawsuit took place last March for two laptop owners.

Corruption or loss of data because of a design flaw was the testimony given by these two men. These two men did not suffer and losses or damages despite the flaw they found in their laptops.

The Japanese company pointed out that no one had ever complained before about this defect which had been pointed out. There were no complaints made by any of the computer maker’s customers until the two lawyers filed the lawsuit. The company stated also that it did not encounter data loss when it ran tests.

Losing to the lawsuit in the trial court would have meant a loss much greater than just $9 billion for the Japanese company. It’s like throwing blood soaked meat into the Gulf of Mexico, claimed legal observers who comment on the move of the company to surrender. The sharks lunged in even before the sound of the splash disappeared. Lawsuits were immediately filed against another five laptop manufacturing companies who were users of the NEC floppy control chip.

Not related businesses, they’re being hit with copycat lawsuits and discussing layoffs. The worst does not end there it seems. A financial analyst from New York states that these billion dollar settlements would lead to more expensive personal computers. That would be doubly ironic because economists credit falling computer prices over the last two decades as one of the main factors in keeping inflation exceptionally low in the United States, a key ingredient in the nation’s nearly two decades of uninterrupted prosperity.

If you spare just a few hundred dollars, you can purchase low priced computers that work better than those that existed twenty years ago that cost thousands of dollars. If the most avaricious elements of the plaintiffs bar manage to bully other laptop manufacturers into submission as they did this Japanese manufacturer, computer prices are likely to skyrocket. That would be great news for those who can afford it, but bad news for those who often have to work two jobs to send their kids to college.

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