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fraud Pic.jpgFraud comes in many forms, such as Internet fraud (scams), real estate fraud, and consumer fraud. Thousands of people are victims of fraud every day, leaving many with a deep gut-wrenching feeling, once they realize they’ve been mislead/scammed. If you have been a victim of fraud, you may be able to do something about it, legally.

After realizing you are a victim of fraud, the question becomes: how can I recover what I lost? If you decide to contact a lawyer to help you recover against whomever defrauded you, the essential question for your attorney is: how do I prove fraud? That task is not as easy as you may think.

Briefly, In Georgia, there are generally two types of fraud: actual fraud and constructive fraud. We will talk briefly about actual fraud, which involves five (5) key elements: (1) a false representation by the defendant; (2) knowledge that the representation is false or with reckless disregard as to whether it was true; (3) an intent to induce you to act or refrain from acting based on the knowingly false representation; (4) reasonable reliance by you on the knowingly false representation; and (5) damage done to you because you reasonably relied on the false representations made by the defendant.

The strength of your case will depend on how well the facts of your situation apply to the above-mentioned five elements, amongst other Georgia laws. Significantly, Georgia courts do acknowledge that fraud many times can be difficult to prove. Consequently, Georgia courts have recognized that fraud is, itself, subtle and therefore slight circumstances, and their supporting facts, may be sufficient to support a favorable verdict for the plaintiff, you.

However, not every act of fraud means that you have a claim against a defendant, in Georgia. For example, what if you suffered no damages due to the fraudulent act (see element five [5] above)? If there is no damage, then there may be no case. Or, what if you unreasonably and/or unjustifiably relied on a knowingly false representation (see element four [4] above)? If relying on a false representation makes no sense, given the surrounding circumstances, then, again, you may not have a case.

In addition, many times what people think is fraud, may not be recognized as such, by Georgia courts. For example, a mere breach of a contract does not necessarily amount to fraud. Bad faith in falling to carry out an obligation may not rise to the level of fraud, either. Then again, there are situations where breach of contract and bad faith do rise to the level of fraud and thus you may have a claim, which may involve punitive damages, which is an award of money given as punishment to deter future, similar conduct.

There are other issues to consider, such as statute of limitation concerns and constructing your complaint so that it meets the requirements of Georgia law.

I think you get the point: fraud cases can be very complex, so you need a good attorney that understands the law in this area. Williams Oinonen LLC can help maximize your recovery by evaluating your case thoroughly.
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Oinonen Law Group LLC will be changing the firm name to Williams Oinonen LLC to reflect the solid, winning partnership between attorneys Ms. Julie Oinonen and Mr. Mario Williams.

Mr. Williams and Ms. Oinonen work in all areas of trial litigation with a special focus on personal injury, consumer law, and business litigation, as well as a political consulting practice which specializes in opponent research, media messaging, ads, and campaign strategy.

Williams Oinonen LLC will continue their mission to protect the rights of those injured or harmed due to a wrong or injustice. The trust and respect provided each client reflects the commitment brought to winning the case.

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Whistle Blower.jpgWhistleblower lawsuits are one of the most effective ways to expose illegal and dangerous practices within large corporations oftentimes by current or former employees who courageously step forward to report the wrong through the legal process.

For example, our good friend Mr. Reuben Guttman, Director at Grant and Eisenhofer and one of the foremost whistleblower attorneys in the country, is lead counsel in a stunning whistleblower suit against one of the largest pharmaceutical companies– Wyeth, now owned by Pfizer. In this case, two former hospital sales representatives exposed the drug company’s dangerous practice of illegally promoting a kidney transplant drug (Rapamune) for unapproved uses. Even worse, the drug company is alleged to have targeted African-Americans, even though they are at high risk of complications.

Mr. Guttman’s legal complaint alleges that Wyeth encouraged its sales force to promote the drug Rapamune for heart, liver and pancreas transplants, misrepresent, and withhold clinical information regarding the safety of the drug. As a result of the drug company’s wrongdoing, patients were put at risk of serious physical and financial harm including life threatening side effects caused or exacerbated by the drug including anemia, liver failure, inhibited wound healing, blood clots, death and more.

Perhaps the most shocking allegation is that the drug company targeted African American patients for unapproved use of this drug, focusing on two hospitals with predominantly black patient populations–New York’s SUNY Downstate Medical Center and Philadelphia’s Einstein Medical Center. Some hospitals, including the Mayo Clinic raised concerns that patients given the drug were experiencing very serious side effects and yet the drug company was doing nothing to intervene.

Important information to consider if you are deciding to become a whistleblower:

In many whistleblower cases, courageous employees who step forward to “blow the whistle” are often eligible to receive a portion (usually about 15 to 25 percent) of any recovered damages. Some successful plaintiffs have recovered millions of dollars in whistleblower cases.

One important factor to consider is that the information that you “blow the whistle on” must not already be public information. The Public Disclosure Bar, found in 31 U.S.C. §3730(e)(4) states that a court shall not have jurisdiction based upon public disclosures of allegations or transactions in “a criminal, civil, or administrative hearing, in a congressional, administrative, or Government Accounting Office report, hearing, audit, or investigation, or from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of information.”

This bar eliminates actions when the whistleblower (also known as a “relator”) has an action based upon specific types of information unless they can prove that he or she is the original source of the information.

Consequently, as a whistleblower, it is important to be the first source of information of the fraud because generally that is only the person who is entitled to a financial award.
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The following are some of the legal implications regarding bullying at schools in Georgia:

1. A school must not violate 42 USC Section 1983 by acting under color of state law by tolerating a custom or practice of bullying which leads to a deprivation of a student’s constitutionally protected rights.

2. Disabled students are protected under Section 504 and the IDEA which has the purpose “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; to ensure that the rights of children with disabilities and parents of such children are protected.” See 20 USCS §§ 1400.

3. Under Georgia law, O.C.G.A. §20-2-751.4 (2010), Policies prohibiting bullying; (b) Each local board of education shall adopt policies, applicable to students in grades six through twelve, that prohibit bullying of a student by another student and shall require such prohibition to be included in the student code of conduct for middle and high schools in that school system.

4. Additionally under Georgia law, O.C.G.A. §20-2-751.4 (2010), Policies prohibiting bullying; (b) Local board policies shall require that upon a finding that a student has commited the offense of bullying for the third time in a school year, such student shall be assigned to an alternative school. Each local board of education shall ensure that students and parents of students are notified of the prohibition against bullying, and the penalities for violating the prohibition by posting such information at each middle and high school and by including such information in student and parent handbooks.

5. Furthermore, pursuant to Georgia law, O.C.G.A. §20-2-751.4 (2010) (c), Policies prohibiting bullying; (b) any school system which is not in compliance with the requirements of Georgia bullying laws will be ineligible to receive state funding. Thus if a school has been on notice that students have repeatedly bullied someone over three times, and yet none of these students have been assigned to alternative schools, it puts the school system out of compliance with the requirements for state funding eligibility.

6. Students who threaten to assault other students are guilty of criminal laws prohibiting assault and battery.

7. Bullying is a direct violation of student’s right s under the Georgia Constutiton which states in the Bill of rights Paragraph One: “No person shall be deprived of life, liberty, or property except by due processof law.” And Paragraph Two: “Protection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws.”
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claire's.jpgMore toxic, poisonous toy jewelry bracelets for kids have been recalled. These were bracelets that were sold at Claire’s as having high levels of harmful cadmium.

Federal regulators released the recall of children’s jewelry due to dangerous levels of the toxin cadmium saying they are expanding their investigation in order to keep these dangerous products out of stores to begin with.

The U.S. Consumer Product Safety Commission announced that inspectors at 10 of the nation’s largest ports are now screening children’s jewelry, often imported from China, for these toxic chemicals.

A voluntary recall of about 19,000 “Best Friends” charm bracelet sets manufactured in China and sold at the jewelry store Claire’s, over 3,000 stores which are located in North America and Europe.

Agency scientists confirmed independent test results that were reported by AP in January, which showed high levels of cadmium in the “Best Friends” bracelet.

“Cadmium is toxic if ingested by children and can cause adverse health effects,” said the recent recall announcement. Medical research shows that cadmium in high levels is a known carcinogen which can cause cancer, harm bones and kidneys.

Consumers should immediately take away bracelets from any children, and can return them to Claire’s for replacement or refund.

It is unknown why Claire’s waited four months to agree to a recall for the “Best Friends” bracelets it had sold in the year before the Associated Press coming out with the investigative story. This recent recall was the third one initiated because of the Associated Press’s investigation.
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The best way to resolve a bullying problem with the school is to try and take a non-adversarial collaborative approach. If that doesn’t work, you can pursue other legal means to protect your child’s rights. But the best strategy is to try and resolve it with the school principals and teachers as part of a team, using a non-adversarial approach if at all possible.

In order to protect your child’s rights, and insure that you can reach a positive resolution, it is important to document all communications in writing. Getting your child’s teachers, principals, guidance counselor, and other school administrator’s email addresses is an important first step. Rather than coming across adversarial, be polite but firm in all emails, telephone calls, and face to face conversations. Let them know that you appreciate their commitment to educating children and ask for help. Let them know that your child is in danger at school and does not feel safe.

Ask for a meeting with the school principal and teachers to address this problem and work out a strategy for how to handle future bullying incidents. Let the school administrators know that you expect them to implement zero tolerance for bullying policies, enforce Georgia law, and to punish the kids who are bullying in addition to informing the parents of those involved.

After the meeting, document the results of the meeting in writing via email or letter to the principals and teachers, confirming the plan that was set in place to protect your child and thank them for helping you resolve this issue.

If communicating with the principals, teachers, and school administrators fails to work, there are other steps that you can take to solve your child’s bullying problem. Here are a couple suggstions to keep in mind:

1. If another child or teenager assaults your child (e.g. punches them in the face or gravely injures them) consider pressing charges. You shouldn’t go to the local police station in instances when dealing with a minor. Rather, you can contact the school resource officer and you can file a report with the local juvenile court to file an official complaint against the juvenile delinquent for unruly behavior. This will show both the bully and the bully’s parents that you mean business and will not tolerate or accept your son or daughter to be the victim of violence and harassment.

2. Consider hiring an attorney. A good attorney will understand the legal implications and duties that the school has to prevent your child from becoming the victim of incessant bullying.
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The statute of limitations on a written contract is six years and the statute of limitations on an oral contract is four. This means you have a six or four year time frame to sue a party who has breached their contract with you. What if someone entered a written or oral contractual agreement with you but the statute of limitations has already expired?

Well, the law in Georgia under O.C.G.A. §9-3-110 states: “A new promise in order to renew a right of action already barred or to constitute a point from which the limitation shall commence running on a right of action not yet barred, shall be in writing, either in the party’s own handwriting or subscribed by him or someone authorized by him.”

The new promise may be express or may be implied from an acknowledgement of an existing debt. The new promise or acknowledgement, in addition to being in writing, must meet two requirements: 1) it must be made by the debtor to the creditor, and 2) must “sufficiently identify the debt or afford a means of identification with reasonable certainty,” although it is unnecessary that the acknowledgment state the amount of debt. See National City Bank v. First Nat’l Bank, 193 Ga. 477 (1942.) Additionally, a new promise to pay may be evidenced by a series of letters. Id.

Thus, the written acknowledgment or new promise establishes a new point from which the statute of limitations begins to run. See Langford v. First Nat’l Bank, 122 Ga. App. 210 (1970). This means, if someone owes you money but the statute of limitations has already run out—you can try to extend it by writing them a letter or email about the money they owe you to see if they respond. If they respond by acknowledging the debt (see the criteria as stated above) the statute of limitations will be extended.

Additionally, when a new promise is given, the duration of the limitation is governed by the nature of the original obligation; thus, a written promise reviving the period of limitation for a written contract would be six years. A written promise reviving the period of limitation for an oral contract would be four.
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“Sufrí lesiones por culpa de un médico y necesito conseguir un abogado” o “Sufrí lesiones por culpa de un hospital y necesito conseguir un abogado” son algunas de las situaciones en las que goza de un derecho constitucional para pedir un resarcimiento justo y pleno por el dolor y sufrimiento ocasionados, ya sea si las lesiones ocurrieron en Rome, Dalton, Condado de Cobb (Cobb County), Condado de Fulton (Fulton County), Condado de Gwinnett (Gwinnett County), Condado de Floyd (Floyd County), Calhoun o Condado de Dekalb (Dekalb County).

Hoy es un día maravilloso para los ciudadanos de Georgia. La Corte Suprema de Georgia derogó el tope de $350,000 que la Asamblea Legislativa de Georgia estableció para casos de mala praxis médica. La Corte Suprema, en el caso Atlanta Oculoplastic Surgery, P.C. contra Nestlehutt, declaró la inconstitucionalidad de la ley que limitaba el monto de dinero para resarcir a pacientes que fueran lesionados a causa de la negligencia de un médico u hospital.

Antes del dictamen de la Corte Suprema de Georgia, no importaba que el médico cortara el brazo o la pierna equivocada de un paciente o incluso que matara al paciente debido a una negligencia médica. El tope máximo para resarcir al paciente del dolor y del sufrimiento era de $350,000. A pesar de que una persona con lesiones menores (por ejemplo, un error de diagnóstico menor) no se viera gravemente afectada por este tope, esta ley perjudicaba principalmente a quienes sufrieran lesiones graves. El fallo de la Corte Suprema de Georgia del día de hoy es un buen ejemplo del efecto devastador que tenía el límite sobre personas gravemente lesionadas.

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En estos difíciles tiempos económicos, más y más consumidores se ven engañados por empresas que hacen publicidades falsas sobre sus productos y servicios, incumplen contratos o no cumplen con sus promesas. Si ha sido víctima de prácticas injustas o ilegales, la Ley de Prácticas Comerciales Justas de Georgia lo protege. Esta ley de Georgia regula las prácticas injustas o engañosas en las transacciones de los consumidores de Georgia, a las cuales se define como transacciones con fines personales, familiares o domésticos. La Ley permite a los ciudadanos particulares de Georgia iniciar juicios por infracciones en determinadas circunstancias. Las actividades prohibidas por la Ley de Prácticas Comerciales Justas de Georgia incluyen, pero no se limitan a, las siguientes actividades:

• Declaraciones falsas o confusas sobre un producto o servicio comercial 
• Describir bienes usados, incluso vehículos, como nuevos cuando en realidad no lo son • Afirmaciones falsas con respecto a la calidad particular de un producto o tipo especial de servicio

Si se han vulnerado sus derechos como consumidor de Georgia, hay recursos privados para sujetos dañados o perjudicados por un acto o práctica injustos o engañosos. Estos recursos pueden incluir:

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Profits Article.jpgOn this blog site, we have written about the difficulties that Georgia law creates for employers who want to recover punitive damages related to their breach of contract claims. Today we will briefly discuss another area that seriously affects the economic viability of both large and small businesses: recovering lost (anticipated) profits due to another party breaching your contractual agreement. Understandably, recovering lost profits may seem straightforward to you, but Georgia courts don’t see it that way. As we have said before, In Georgia, you need a good lawyer to navigate the tricky issues pertaining to breach-of-contract claims, including the difficulties associated with recovering lost profits, which you may be legally entitled to.

Here’s the problem: The Georgia Court of Appeals feels that “ordinarily, anticipated profits are too speculative to be recovered.” However, the term ordinarily, used by the Court, does not mean anticipated profits are never recoverable. There are circumstances that may allow you to recover anticipated (lost) profits when a person breaches a contractual agreement made with you.

Ask yourself the following questions, because if you call us based on this entry and/or others, we are going to definitely ask you the following questions, and many more:

1. Is your business established? That is, how long have you been around? Typically, new businesses have a much harder time recovering lost profits because many do not have “definite, certain, and reasonable” data to support their claim for lost profits. That means, to Georgia courts, your profits lean more towards being speculative than certain, so recovery may be more difficult.

Ask yourself: if my business has been around for only one year, or two, can I really claim that, had the other party not breached our contract, my profits were almost certain? If the answer is yes, then a few counters would be: how do you know? where is the consistent data? Aren’t the first 0-5 years extremely volatile, profit-wise, for businesses? Evidently, young businesses have it tough in this area of recovery.

2. Even if you own an established business and have definite, certain, and reasonable data to demonstrate lost (anticipated) profits, Georgia courts (and we) still want to know: At the time you and the other party entered into the contract, which was eventually breached, did the breaching party understand that breaking the contract would produce negative economic consequences for your business? Again, due to the confusing nature of this issue, focus on what was understood at the time you entered into the contract.

For example, you may have had a significant event that was dependent on your contractual agreement being executed in a “time-of-the-essence” manner. Did the breaching party know that? Did you make that known in the contract? Or, was it an oral agreement, which would involve entirely different legal issues regarding proof of the understanding.

Notably, the two above-mentioned issues do not have to be proven with mathematical certainty. But your lawyer must:

1. Show the probable gain [profits], with great specificity;
2. Show the expenses incurred in realizing such profits, with great specificity; and 3. Demonstrate that the lost (anticipated) profits incurred are directly related to the acts of the party who breached the contract.

As you can read, the situation is complex, and the above-mentioned are just a few of the issues and questions that must be properly analyzed.

Simply put, contract disputes are difficult. Find a good lawyer who understands how to maximize your total recovery.
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Atlanta, GA 30326
Phone: (404) 654-0288
Fax: 404-592-6225
Email: julie@goodgeorgialawyer.com

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