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Did You Know?
Partner Julie Littky-Rubin will present the Case Law update at the Palm Beach County Justice Association's Scopes seminar on December 7.
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FIRM CASE RESULTS & UPDATES
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All Six Partners of Clark Fountain Named Best Lawyers for 2013
The prestigious publication, Best Lawyers in America, has selected all six partners - Mark W. Clark, Don R. Fountain, Jr., Nancy La Vista, David C. Prather, W. Hampton Keen, and Julie H. Littky-Rubin - for inclusion in the 2013 edition. Additionally, Mark and Don are among an elite group that has earned this distinction for more than a decade. Selection for Best Lawyers is based on an exhaustive and rigorous peer-review survey comprised of more than 4 million confidential evaluations by the top attorneys in the country. The annual Best Lawyers publication has been described by The American Lawyer as "the most respected referral list of attorneys in practice." Because no fee or purchase is required, being listed in Best Lawyers is considered a singular honor.
An Independent Judiciary is the Cornerstone of Our Democracy - Don't Let Politics Undermine That Independence
Every six years, Florida's voters are asked whether its appellate court judges and Supreme Court justices are incompetent or unethical, and if not, asks voters to "retain" them. This has nothing to do with politics or one's political party, and judges in Florida never reveal their political affiliations because their "politics" are not relevant to making fair and impartial decisions for
ALL. Judges vow to make decisions based on the Constitution, state law, and established precedent. Good judges follow the law, even when it involves making tough decisions.
However, as of late, groups with a political agenda want to take over the judiciary. They want voters to ignore how important it is to have judges who don't answer to anyone but the law itself, and want politics to crush our third and only "independent" branch of government.
Recently, the Florida Bar polled all of the attorneys in the state regarding the quality of the three Florida Supreme Court justices who are up for merit retention: Justice Fred Lewis, Justice Peggy Quince and Justice Barbara Pariente. Irrespective of their political parties or personal feelings about decisions, 90 percent of the lawyers polled voted that these justices should be retained on the court, because they continue to do their job of upholding Florida law in a manner fair for all of its citizens.
We at Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin urge you to follow our many colleagues in the legal profession, and to vote YES on retaining these fine jurists on November 6th. An independent judiciary -- judges who are guided by law, reason and fairness and not by political affiliation -- is the very key to our democracy.
Firm Helps Workman Who Falls from 10-Foot Ladder Obtain Confidential Settlement
Nancy La Vista and Cyrus S. Niakan secured a confidential settlement for a workman who suffered a back and traumatic brain injury after being knocked from a 10-foot ladder by a deliveryman. The deliveryman, who works for an international firm, was transporting a pallet of items to a location when he struck the ladder, causing our client to fall and land on his head. The settlement will allow our client to maintain his lifestyle and provide for his family, while dealing with sustained impairments.
How Safe Are County Roads? From 2011 to 2012, Number of Deaths Increased Slightly
After years of steady declines, more people are dying on Broward and Palm Beach County roads and highways than at this time last year, WPTV reported. As of July 31, 85 people died in traffic crashes in Palm Beach County compared to 77 at the same time last year, according to the Florida Highway Patrol. In Broward County, 106 have died in traffic crashes compared to 87 at the same time last year. If that trend continues, both counties will surpass the number of traffic deaths they had in 2011 - 100 in Palm Beach and 133 in Broward. Experts cite more drivers and more distracted driving as possible causes. Read more here.
Insurance Institute for Highway Safety Uses Claims Data to Compare Vehicle Safety
According to a September report issued by the IIHS, mini-cars and cars with powerful engines have the most frequent insurance claims for injuries to their occupants, while high-end sports cars and luxury vehicles rack up the most expensive claims for damage. These are just a couple of the insights that can be gleaned from the latest claims information published by the Highway Loss Data Institute. View the Status Report, Vol. 47, No. 7 cover story for more information.
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CONSUMER ALERTS IN THE NEWS
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Nearly 41,000 GM Vehicles Recalled for Potential Fuel Leak
General Motors has issued a recall for 40,859 certain model year 2007 Chevrolet Equinox and Pontiac Torrent vehicles originally sold or currently registered in Arizona, California, Nevada, and Texas; model year 2007 Chevrolet Cobalt, Pontiac G5, and Saturn ION vehicles originally sold, or currently registered in, Arizona, California, Florida, Nevada, or Texas; model year 2008 Chevrolet Cobalt and Pontiac G5 vehicles originally sold, or currently registered in, Arizona; and model year 2009 Chevrolet Cobalt and Pontiac G5 vehicles originally sold, or currently registered in, Arkansas, Arizona, California, Nevada, Oklahoma, or Texas. Some of these vehicles have a condition in which the plastic supply or return port on the fuel pump module may crack, which could cause a fuel leak. Fuel leakage in the presence of an ignition source may result in a fire.
GM Recalls More than 426,000+ Vehicles Due To Transmission Malfunction
General Motors is recalling 426,240 2007-2010 Saturn Aura and model year 2008-2010 Chevrolet Malibu and Pontiac G6 vehicles, equipped with a 4-speed automatic transmission. On these vehicles, the tabs on the transmission shift cable end may fracture and separate. If the tabs were to fracture and separate, the shift lever and the actual position of the transmission gear may not match. The driver would be able to move the shifter to 'PARK' and remove the ignition key, but the transmission gear may not be in 'PARK.' The vehicle may not be able to be restarted and the vehicle could roll away after the driver has exited the vehicle, resulting in a possible crash without prior warning. Read more here.
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