After 4 years of raising awareness about Catholic priest sexual abuse in Upstate, NY, Binghamton native, Jon Little of Saeed and Little has sued the Diocese of Syracuse New York for sexual abuse of our client from the mind 1980s. Jon researched the statutes of limitations in all of the jurisdictions where our client was molested and was able to determine that he still had a cause of action in Connecticut for rapes that occurred there. Read more here: http://www.syracuse.com/news/index.ssf/2017/06/syracuse_diocese_priest_sued_over_child-molesting_claims_from_30_years_ago.html
While it is yet to be determined whether Mr. Camden is a member of United States Swimming we do know that sexual exploitation of young children is very much a problem at InterActive Academy in Zionsville. Saeed and Little,LLP has litigated to completion filming cases concerning swim coaches and coaches in other sports. we filed the first USOC /NGB sex abuse case in 2008 and we would be happy to speak with you or your family if you have any concerns about coach sexual abuse.
Yesterday the Sixth Amendment Center in Boston, released a study (http://sixthamendment.org/
This is a great piece in the NY Times today about the lack of jury trials in the American court system. Things are even worse in Indiana, where our Supreme Court justices have warned of lack of jury trials for years. (http://www.nwitimes.com/news/
1. Cost – civil juries with experts cost at least $30,000. With caps on damages and fees, it is often difficult for the Plaintiff’s lawyer to get his or her money back.
2. In States like Indiana where the law is so favorable to the insurance industry, most cases – well over 90% – are dismissed on summary judgment or because of a 12(b)(6) motion.
At Saeed and Little, we try cases, a lot of cases, as many as anyone else in Indiana. This year we have tried two cases to verdict (one trial lasted over a month) and have at least two more cases going to trial this year.
The United States Department of Justice is recommending that state courts not jail people for failing to pay fines (http://www.wthr.com/story/31460931/justice-dept-states-shouldnt-jail-over-fine-nonpayment); sadly jailing people for failing to pay fines, court costs, probation fees, etc. is common practice in Indiana.
It is even scarier when a state’s criminal “justice” system becomes a collection apparatus for corporations. In Indiana where most state services have been privatized including, prisons, jails, pre-trial GPS monitoring and community corrections, we actually allow citizens to be jailed for failing to pay private corporations.
If you or your loved one has been jailed for failing to pay probation, court costs, etc. in Indiana or anywhere else please contact us.
The Indiana Deceptive Consumer Sales Act can be used for Mortgage Servicing Violations. While the statute specifically excludes “consumer transactions involving real property”, mortgage servicing likely does not fall within the definition of a “consumer transaction involving real property” pursuant to Indiana Law. In McKinney v. State that Indiana Supreme Court held that construction contracts were not consumer transactions involving real property. Id. The court stated:
“We assume that the sale of an existing structure will normally be a transaction in real property under the Act. In this case, however, the buyers selected a model home to be built on a plot of land which they also chose and purchased. Judging from the affidavits, there was a separate “Building Contract” that did not involve the sale of land. The “Building Contract” was not for an existing structure and, for purposes of the Act, was therefore not exclusively a contract for real property. As far as can be determined from the record, each contract involved the assembly of a house and the provision of services to maintain the house. The contract explicitly says that “the Contractor agrees to construct for the Buyers a home.” Unlike the sale of an existing structure, which a consumer is at liberty to inspect for defects, the promise to build a structure forces consumers to rely on a variety of representations that the builder is far more capable of evaluating. Section 1(a) of the Act provides: “This chapter shall be liberally construed and applied to promote its purposes and policies.” Consistent with this directive, we hold that the construction contract at issue in this case was not a “transaction in real property” under the Act. Accordingly, the State may seek relief for both incurable and other deceptive acts of McKinney.”
Based on the rationale used by the Indiana Supreme court it can be argued that a mortgage agreement/promissory note is similar to a construction contract. Both contracts are ancillary to, yet separate from the purchase agreement executed by the seller and the buyer. Just like the construction agreement contracts to build a structure and is not merely vehicle to document the sale of real property, a mortgage agreement also only documents the financing of the real estate purchase and not the purchase itself.
On March 15, 2016, Saeed & Little LLP, argued that the State of Indiana storing blood taken at birth from every person born in Indiana since 1991 was an unconstitutional search and a trespass. The State of Indiana, responded in summary that we as Hoosiers should just trust the State with our DNA. A decision is expected sometime in 2016.
Watch a video of the argument here: http://mycourts.in.gov/arguments/default.aspx?id=1916&view=detail
Ten years ago, when I spoke with businesses about their IT strategies, one of the major gaps I would find was in data backup coverage – especially with small and medium-sized businesses. Entrepreneurs can be notorious optimists, and many just thought “it will never happen to me.” There are all-too-many stories of businesses suffering severe financial harm and crushing stress while trying to recover from a crashed hard drive that was not backed up.
These days, even most small business have accepted the need to commit to some type of backup strategy, with varying levels of thoroughness. However, a new IT threat lurks for businesses of all sizes: the data breach. Data breach risks fall into two main categories: 1) breaches that cause your business economic harm by compromising your important business secrets or result in a direct loss of funds, or 2) breaches that compromise the PII (Personally Identifiable Information), PHI (Protected Health Information), or any other private data concerning your customers. It is common for a business who has suffered a data breach to face risks from both categories. It is a given that businesses who suffer a data breach are open to potential legal bills for defending against class action suits brought on behalf of customers.
Just as ten years ago, after a hard drive crash, a business would suddenly realize the need to be proactive rather then reactive concerning a backup strategy, businesses today are realizing the need to be proactive concerning data breach risks. Obviously, a first step is to harden security protocols to prevent a breach.
However, as long as humans still work in businesses and have access to data, data will be breached. Recent well known hacks of Target, Anthem, and EBay have shown that even corporations with multi-million dollar IT budgets can be compromised. Steps beyond mere prevention must be taken.
Prudent organizations have a data breach strategy already in place, because it’s always easier to plan before a crisis occurs. If a breach event takes place, management already has existing relationships with lawyers, PR professionals, and forensic IT consultants to mitigate the risks to the company. Research shows that having a data breach plan in place substantially reduces the bottom-line cost of the breach to the company.
If you’d like more information on how to develop a comprehensive data breach protection plan for your business, please reach out and we would be happy to have a conversation with you.