07.26.11
Posted in Personal Injury, Uncategorized at 9:20 am by admin
Published in NewWest.Net (By Kate Schwab)
The Rocky Mountain states remain among the most dangerous in the nation for workers, according to the AFL-CIO, which tracks job-related deaths.
Montana’s taken the top slot for workplace fatalities in 2010, averaging 10.8 deaths per 100,000 workers. Next up and tied for second are Louisiana and North Dakota at 7.2, followed by Wyoming in fourth at 6.8.
Workplace injuries cost Montana businesses roughly $145 million annually, according to SafeMT, a workplace safety site operated by the Montana State Fund. As the state’s official workers compensation insurance option, SafeMT offers industry-specific hazard data and tips to help companies come up with a plan for their own in-house safety programs.
A calculator on the SafeMT website estimates the state has actually lost $373 million because of on-the-job injuries in the past two and a half years.
What’s not so clear is the cause. Montana is home to a significant number of traditionally risky industries, including logging, mining and agriculture. Nationally, agriculture is considered the most dangerous industry; hazards include uncooperative livestock, all-terrain vehicles, heavy equipment and chemical exposure combined with working in remote and rugged areas. But the state says the data show a problem with worker safety across the board.
Young workers ages 16 to 24 tend to be the ones to get hurt. They’re key players in the retail, food service, construction and ranching industries. Nearly 1,000 Montana workers under 25 are injured on the job every year. And most of them are injured within a month of starting a new job. Inexperience, lack of familiarity with the equipment, inadequate supervision, drowsiness from balancing employment and educational obligations and personal pride are all culprits.
State law requires businesses to provide a new-hire orientation program that covers safety considerations before employees begin work. Companies are supposed to provide refresher courses on a routine basis, as well as assess potential hazards and review safety procedures at least once a year. And employers with more than five employees must not only investigate accidents, but also establish a safety committee that convenes a minimum of three times a year.
Lack of accountability may be one factor affecting not only the region, but also the nation. Since 1970, the federal Occupational Safety and Health Administration has been responsible for establishing and enforcing job site safety and health standards for American workers. (A separate agency, MSHA, governs mining.) Calling the present level of OSHA oversight “woefully inadequate,” the AFL-CIO report noted that only 2,218 OSHA inspectors, including both federal and state employees, are available to keep watch on 8 million businesses nationwide. That equates to one inspector for every 57,984 workers. Most businesses cannot be inspected routinely with that level of manpower; the report claims federal inspectors get around to the average business once every 129 years, and state inspectors average about half that time.
Nationwide, flagrant safety violations by companies themselves rose by 15.3 percent in the past five years, but “serious violations” are tracking at a higher rate—22.1 percent—and incidents chalked up as “willful violations” have skyrocketed to 217.1 percent. Citations are most commonly given for issues related to scaffolding, ladders, machine guards, falls, electrical wiring, tagout procedures, trucks, hazard communication and respiratory safety.
OSHA employees investigated 804 deaths and performed 40,993 inspections last year, according to the agency’s annual report.
If you or a loved one is involved in a workplace injury in Montana, including a mine or oilfield, contact Heenan Law Firm to receive a free copy of John Heenan’s new book “Your Rights: The Ultimate Guide to Injury Victim’s Rights in Montana” www.heenanlawfirm.com
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07.21.11
Posted in Debt Collector Abuse, Montana Consumer Law at 1:50 pm by admin
Your credit score determines the interest rate you pay for a credit card, car loan, private student loan or a home mortgage. A low score could prevent you from getting a loan at all. But for years, this important number has been a mystery to most consumers.
Starting Thursday, that changes.
Consumer Law Change
A provision of the Dodd-Frank financial reform law that takes effect today requires lenders to provide consumers with a free credit score whenever:
•They reject an application for a loan. In that case, lenders will be required to provide consumers with an “adverse action” notice that includes their credit score and explains why they were turned down.
•They approve a loan but at a higher rate than the rate provided to their best customers. As in the first instance, lenders will be required to provide borrowers with a credit score and explain why they’re charging a higher rate.
Lenders must provide the score they used to make a decision about your loan. They’ll also be required to explain the factors that adversely affected your score and the range of possible scores so you’ll know where you stand. Consumers submit about 1 billion credit applications every year and of those, about half will fall under one of those two categories.
Many borrowers who receive the notices will be surprised to learn that they didn’t qualify for a lender’s best rate. That could encourage more consumers to shop around and take steps to improve their scores. The requirement won’t create a burden for lenders because they’ve already bought the scores from FICO or other credit score providers. The requirement won’t help consumers who want to view their scores before they apply for a loan. A federal law enacted in 2003 requires the three main credit bureaus to provide consumers with a free annual copy of their credit reports, but they’re not required to include a score.
If your credit score is negatively impacted by false/erroneous information, go to www.montanaconsumer.com to learn how to dispute the false information and get it taken off your report, as well as your rights under the Fair Credit Reporting Act.
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07.12.11
Posted in Personal Injury at 8:20 pm by admin
VIDEO: John Heenan discusses how landowners should document oil spill damages
The recent Yellowstone River oil spill can harm the environment, economy and communities where the spill occurred. The most common problems landowners face are health problems and damages to their land.
Crude oil is toxic to humans. Recent news reports have shared stories of Laurel residents near the Yellowstone River who had to leave their homes because they were sickened by the fumes. The Associated Press reports that some Montana residents have reported symptoms ranging from shortness of breath to fainting spells linked to exposure to petroleum-based chemicals.
Other long-term dangers from exposure to petroleum can include
- Peripheral neuropathy:damage to the nerves of the peripheral nervous system causing numbness, tingling, and loss of coordination.
- If pregnant women exposed to petroleum-based compounds, the developing fetus is at risk of physical deformities, slowed growth, and developmental delays.
- Cancer: the International Agency for Research on Cancer lists the petroleum compound benzene as a human carcinogen.
- Circulatory and respiratory damage.
Beyond the impact to human health, an oil spill damages property and, potentially, property values. In Montana, landowners are entitled to the costs of cleaning up their property. As anyone living near an environmental disaster can tell you, odors and pollution damage property values as well as property. You do not have to simply accept what Exxon is willing to pay you. At Heenan Law Firm, we are personally reviewing the claims of Montana property owners affected by the Yellowstone River oil spill.
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07.05.11
Posted in Personal Injury, Uncategorized at 3:07 pm by admin
***UPDATE: John Heenan appeared on KTVQ NEWS LAST NIGHT TO DISCUSS LEGAL ISSUES AFFECTING PROPERTY OWNERS AS A RESULT OF THE OIL SPILL. WATCH JOHN’S COMMENTS HERE: John Heenan Discusses Yellowstone River Oil Spill on 10 O\’Clock News
An ExxonMobil oil pipeline just east of the Laurel Bridge ruptured around 11:30 p.m. Friday, dumping oil into the Yellowstone River. Current estimates are over 100,000 gallons of oil was spilled into the Yellowstone River, affecting private property downstream for potentially hundreds of miles.
In a press conference Saturday morning, Yellowstone County and ExxonMobil officials said they don’t know yet what caused the break in the 12-inch pipeline or how much oil escaped into the river. The pipeline runs below the Yellowstone riverbed. Emergency crews shut the pipeline down just before midnight, said Duane Winslow, Yellowstone County director of disaster and emergency services. “We regret the release,” said Pam Malek, a spokeswoman for ExxonMobil.
The long-term affects to property owners downstream of the spill are as yet unknown, and may not be known for some time. If your land has been affected, you should document the pollution by taking photos and videos.
Under Montana law, landowners are generally entitled to full remediation of the polluted land. In other words, the responsible party must pay to restore the land to what it was like before it became polluted.
The Heenan Law Firm regularly represents private land owners who are the victims of property damage, including pollution damage.
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07.01.11
Posted in Personal Injury at 3:56 pm by admin
The Billings Police Department issued their annual report of accidents this week. According to the report, 4,076 accidents were reported to Billings Police in 2010, a 5 percent jump from the previous year. Most troubling was the number of drunk drivers- DUI arrests jumped from 545 to 618, and DUI incidents reported to police dispatchers totaled 1,699. In a town the size of Billings, that is way too many drunk motorists putting the lives of others at risk.
The Billings Gazette reported Billings’ top five high-risk intersections as:
1. Grand Avenue/17th Street West
2. King Avenue/South 24th Street West
3. Lake Elmo Drive/Main Street
4. Central Avenue/24th Street West
5. Airport Road/Main Street
If you are injured through the recklessness of a drunk or impaired motorist, contact the Heenan Law Firm to learn your rights.
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06.23.11
Posted in Debt Collector Abuse, Elder Abuse Law, Montana Consumer Law at 5:09 pm by admin
Being served with a collection lawsuit can be tremendously stressful and even embarrassing. By the time you are sued, you have probably been dealing with debt collection letters and phone calls for months or even years. Dealing with a collection lawsuit, by this point, can be the last thing in the world you want to deal with. No matter how much you wish you ignore, don’t! Here are the five biggest reasons you should never, ever throw that collection lawsuit away:
1. The Clock is Ticking. Under the rules of civil procedure, you generally have 20 days to respond to a lawsuit. Once you are served, the clock is ticking. If you don’t formally respond to the lawsuit, the debt collector will get a default judgment against you. This means you will forfeit and the collector will automatically win the case. Most debt collectors are ready to file the papers to get the judgment against you on the 21st day.
2. A Judgment Gives the Debt Collector Powerful Remedies. Once a judgment is entered, the creditor/debt collector obtains powerful tools to collect. This can include: a lien against your house or other property, the right to “sweep” all of the money out of your bank account, and the right to garnish your paycheck. Debt collectors today use powerful tools to track people’s assets and sources of income. You may think that the debt collector will never find you. Think again! The collector probably sued you because they know who you bank with, where you work, or what property you own. You must make an appearance in the collection case to prevent a debt collector from obtaining the legal right to you’re money from your paycheck or bank account.
3. Once a Judgment is Entered, You Lose Your Ability to Negotiate. Over 95% of collection lawsuits result in default judgments- the debt collector wins simply because the consumer doesn’t respond. If you do respond, then the debt collector needs to actually prove you owe the debt. This means the debt collector’s lawyer needs to work. By defending yourself and raising appropriate defenses to the collection lawsuit, you increase your settlement position with the debt collector.
4. Once a Judgment is Entered, You Lose Your Right to Contest the Debt. Debt collectors sometimes sue the wrong person. They might not really own the debt, and therefore be the wrong party to bring the collection lawsuit. Or, by the time they file the lawsuit, it may be beyond the statute of limitations. These are all defenses that can be raised if a consumer responds to the collection lawsuit in a timely manner. We talk to people all of the time who would have won their collection case had they simply responded before the deadline. Talk to a collection defense lawyer before the deadline expires.
5. Once a Judgment is Entered, You Lose Your Ability to Bring Certain Claims Against the Debt Collector. If you are wrongly sued, or sued on a time-barred (past the statute of limitations debt), you may have strong claims against the debt collector under the Fair Debt Collection Practices Act. For example, we represented a consumer who was sued by a debt collector on a debt that was past the statute of limitations. Not only did we get the collection case dismissed, but we brought a claim on his behalf against the debt collector. A jury awarded him $250,000. Had he not answered the bogus collection lawsuit, he never would have been able to bring his collection harassment case in the first place!
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06.09.11
Posted in Montana Consumer Law at 2:51 pm by admin
U.S. District Judge Donald Molloy of Missoula sentenced a Bozeman financial adviser Tuesday to 27 months in federal prison for taking $265,820 from her clients’ accounts, using some of the money to pay off her jewelry bill.
Molloy sent Anne Marie Schlenker to prison for 15 months, plus a year of unmonitored home confinement, plus three years of supervised release. She returned nearly $64,000 to her victims, but Molloy ordered her to pay $265,820 more in restitution.
Schlenker worked for Edward Jones and Co. from 2004 until her fraud was discovered in February 2010 and she was fired.
Schlenker wired $11,485 from a 72-year-old retiree’s account into her personal account to pay off her jewelry debt, according to the U.S. Attorney’s Office. She used another $50,000 of a client’s money to pay for upgrades to a Bozeman-area home she was building.
She pleaded guilty to wire fraud Jan. 27 for stealing money 16 times from five clients. She also agreed to allow the court to disclose her crime to employers or prospective employers.
Financial fraud and misconduct can cause serious injury to people and their finances. If you or a loved one is the victim of financial fraud, contact the Heenan Law Firm to learn your rights.
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Posted in Elder Abuse Law at 2:33 pm by admin
Two registered nurses who previously worked at the Cedar Wood Villa in Red Lodge have been disciplined for multiple counts of unprofessional conduct, according to the state Board of Nursing.
The nurses no longer work at Cedar Wood Villa, administrator Margaret Schwend confirmed Wednesday. She would not say how long either of the nurses worked there and declined to comment on the disciplinary measures the state Board of Nursing has taken.
The basis for the disciplinary actions included falsifying patients’ records, intentionally charting incorrectly or failing to chart; altering and/or manipulating drug supplies, narcotics or patients’ records; failure to follow policies or procedures to safeguard patient care; and failure to use appropriate judgment in administering safe nursing care.
The state Board of Nursing took the disciplinary action against the Johnstons four days after The Billings Gazette reported on the deficiencies at Cedar Wood Villa in May 6 editions.
The actions against the Johnstons and their departure from Cedar Wood Villa coincide with heightened scrutiny the state and federal government have placed on the nursing home for allegedly providing substandard care to residents. Numerous deficiencies at the home were cited in a 101-page report that followed an onsite recertification inspection by the state Department of Public Health and Human Services in December.
Becky Carter, supervisor for the compliance unit of the Business Standards Division, said 12 nurses in Montana in 2009-10 were ordered to participate in remedial education, adding that it is a “regular practice” of the Board of Nursing’s Screening Panel to recommend remedial education courses as part of discipline cases.
The Heenan Law Firm takes pride in representing senior citizens throughout the State of Montana, ensuring that their rights are protected, including cases of physical abuse, nursing home neglect, and financial exploitation. If you or a loved one are the victim of elder abuse, visit our webpage to learn more information: http://www.heenanlawfirm.com/senior_citizen_abuse.php
Source: Billings Gazette (View Full Article here)
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05.11.11
Posted in Montana Consumer Law at 4:21 pm by admin
Oreck Halo Advertisement
If you purchased an Oreck Halo vacuum or a ProShield Air Purifier in response to Oreck’s health claims, contact the Heenan Law Firm to learn your rights at info@heenanlawfirm.com / 406.839.9091
Yesterday, the owner of an Oreck Halo vacuum filed a class action against Oreck Corporation in Illinois federal court. (Ruscitti v. Oreck Corporation 1:11-cv-03121 ). The primary charge is that Oreck misrepresented the “germ killing” abilities of its Oreck Halo vacuum. The lawsuit alleges that Oreck aggressively advertised and marketed the Halo vacuum’s ability to “kill and reduce virtually all bacteria, viruses, germs, mold, and allergens that exist on carpets and floor surfaces” including the flu and common cold. According to the lawsuit, such claims were not substantiated. The lawsuit alleges Oreck charged consumers a substantial premium for the “germ killing” Halo vacuum, and seeks remedies under state consumer protection laws related to false advertising.
Earlier this year, the Federal Trade Commission charged Oreck with making false and deceptive health claims regarding its Halo vacuum and ProShield Plus air cleaner products. (FTC File No. 102 3033). The FTC action was resolved last month with Oreck agreeing to pay a $750,000 penalty and being forbidden from making further unsubstantiated health claims in the advertising of its products.
According to the FTC complaint, which resulted from a referral by the Better Business Bureau’s National Advertising Division, Oreck advertised these products via infomercials, traditional television commercials, print ads, in-store displays, and online ads.
During the 2009 holiday season, online ads displayed the Halo and the ProShield Plus side by side under the headline “Introducing the Oreck Flu Fighters, Help Reduce the Flu on Virtually any Surface and in the Air in Your Home.” The ads also claimed the Proshield Plus “captures and destroys many airborne viruses like the flu.” An infomercial for the Oreck Halo claimed, “The Oreck Halo has killed up to 99.9 percent of bacteria exposed to its light in one second or less,” and also boasted that the vacuum’s light chamber “has been tested and shown to kill up to 99.9 percent of certain common germs, plus dangerous pathogens like E. coli and MRSA.”
If you purchased an Oreck Halo vacuum or a ProShield Air Purifier in response to Oreck’s health claims, contact the Heenan Law Firm to learn your rights at info@heenanlawfirm.com / 406.839.9091
The Heenan Law Firm is licensed to practice law in the State of Montana, and may work with firms in other states consistent with attorney rules and guidelines.
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05.10.11
Posted in Uncategorized at 7:35 pm by admin
We had the privilege of helping out Montana Trial Lawyers Association in handing out bike helmets again this year. MTLA works We want to work with school officials and others to get helmets out to our young kids, primarily those kids whose families are not able to afford them. If a helmet protects just one child from the tragedy of suffering a traumatic head injury, the program will be worth it for us.
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