Author Archives: Kantrowitz, Goldhamer & Graifman, PCAuthorChestnut RidgeNY

IBM Investor Class Action Lawsuit Filed

As we reported in our blog a few weeks ago, it is not uncommon for investors to file class action lawsuits if a company harms them financially. Photo of legal document

Remember, if you are a shareholder, if a business has provided you with false financial claims resulting in a loss of money, you could potentially hold it, as well as its board of directors, liable. This could occur if a company provides you with an erroneous picture of its current or past finances, business prospects or expected financial results.

As an investor, you have certain rights. You should expect to receive truthful information from a company about its financial prospects. If you do not, through a class action lawsuit, you can hold a business liable on the behalf of all investors who have also been affected by this form recklessness.

IBM Shareholder Files Lawsuit, Seeks Class Action Status

Recently, Reuters reported that IMB Corp was sued by a shareholder who says that the company committed securities fraud by failing to document a money-losing semiconductor unit it paid $1.5 billion to another company to takeover.

According to the news outlet, the lawsuit was filed in Manhattan. It claims that on October 20, 2014, IBM agreed that it would sell the semiconductor unit to GlobalFoundries Inc. According to the lawsuit, IBM inflated its stock price before selling the semiconductor unit by carrying the unit’s property, plant and equipment assets on its books at $2.4 billion, when the asset was actually of no value.

The lawsuit seeks class action status on the behalf of investors from April 17 to October 17, 2014.

Pursuing a Lawsuit Over a Securities or Stock Claim

Remember, people who invest money into a company deserve to have an accurate portrayal of its financial prospects.

If you are an investor who has been affected by a security or stock in which you were given a false depiction, be aware that attorney Gary S. Graifman has been involved in prosecuting a number of national class action suits.

Kantrowitz, Goldhamer & Graifman, P.C. – Class Action Lawyers

Source: http://www.reuters.com/article/2015/03/02/us-ibm-lawsuit-fraud-idUSKBN0LY2JC20150302

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How is Intellectual Property Divided in a Divorce?

We often talk about businesses, financial accounts and properties in our blog when we discuss the division of marital assets during a divorce case. Photo of divorce petition

However, it should be noted that other items could be thought of as assets and be potentially divided. This includes the rights to intellectual property like music catalogues, published work and/or other forms of art and entertainment. All of these items could result in future royalties, therefore claims over interest in ownership can be complex. Remember, the division of marital assets is one of the most difficult issues in any divorce case.

In New York and New Jersey, all assets are subject to equitable distribution. If you have a vast financial portfolio or own the rights to certain intellectual properties, they may be evaluated for value during a divorce case. When this occurs, a spouse can negotiate how to divide royalties and the rights to ownership following a divorce.

Keep in mind, if you are the owner of a patent, copyright or trademark, it may be in your best interest to seek experienced counsel for your divorce case. As we mentioned above, each party in a divorce has the option to bring in specialists to review property ownership materials and financial documents. Working with an experienced lawyer can help you circumvent arguments that may arise over the value of certain properties during this period.

Country Singer Loses 50 Percent of Music Rights in Divorce

We bring up intellectual property and divorce because recently it was reported that country singer Josh Gracin divided the rights to his song catalogue with his ex-wife Ann.

According to multiple news outlets, Gracin divided the rights to the 24 songs he wrote and recorded during his marriage to Ann at a 50 percent stake in his divorce case. It should be noted that Gracin’s music catalogue included a gold record and an album that featured five Top 40 singles. Because of this, Ann should be able to continue to collect royalties from the music that was produced during the marriage, as she will retain some interest in ownership.

Speaking to an Attorney About Assets During a Divorce

As this case shows, divorce and asset distribution can be a complex process that requires top-notch legal representation. Issues involving future value can become incredibly taxing if you do not receive proper guidance and you own intellectual property.

Make sure that you receive expert legal advice, as the failure to do so could prove incredibly costly. Continue to follow the family law section of our blog for more information about divorce issues.

Kantrowitz, Goldhamer & Graifman, P.C. – Divorce Attorneys

Source: http://theboot.com/josh-gracin-divorce-music-rights/

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Can I File a Third-Party Claim After a Construction Accident?

If you are ever involved in a workplace or construction accident that results in serious injuries, it may be in your best interest to speak to an attorney. Photo of construction site

Keep in mind, when a serious personal injury occurs at a construction site, you may qualify for financial compensation related to your accident through a lawsuit. This is in addition to potential workers’ compensation, as you may be able to obtain damages relating to pain and suffering through a third-party liability claim.

Third-party claims are not uncommon among injured construction workers. When you file a third-party claim, you are attempting to hold a party other than your employer liable. An incident that may occur on a worksite where this type of claim would be possible could include an instance where faulty scaffolding causes a fall or defective construction equipment results in a mishap.

Additionally, if multiple contractors or subcontractors are working at a construction site and it leads to an accident, you may be able to hold the company or unit liable. For example, if you are injured in a vehicle accident at a construction site, and the vehicle is owned and operated by another entity other than your employer, you may be able to hold it liable.

Because the legalities surrounding workplace or construction accidents are complex, it might be wise to speak to an attorney about your case, so he or she can help you pursue damages in the best possible way.

Crane Accident Injures New Jersey Man

We bring up workplace and construction accidents because we recently read a scary story about a crane accident in Carteret, New Jersey. According to NJ.com, the crane accident took place at an industrial site near 1400 Federal Boulevard and Milik Street.

The crane involved in the incident reportedly toppled over and a worker was expelled from the machine, leaving him hanging in the air approximately 20 to 25 feet above the ground in an emergency harness. The man suffered head injuries and a broken leg.

The incident remains under investigation.

Speaking to a Lawyer Following a Construction Accident

Again, if you are ever injured in a construction or worksite accident, it may be in your best interest to speak to an attorney. Remember, we offer free consultations regarding personal injury and work on a contingency fee basis.

Visit our Facebook page, LinkedIn pageGoogle+ page or Twitter page for more information about construction accidents.

Kantrowitz, Goldhamer & Graifman, P.C. – Injury Lawyers

KGG’s Corner: In 2013, nearly 300 American workers were killed in construction accident falls.

Source: http://www.nj.com/middlesex/index.ssf/2015/02/crane_topples_at_carteret_constructio_site_leaving.html

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Class Action Lawsuit: Is My Dog Food Safe?

Frighteningly, NBC News has reported that a lawsuit has been filed against Nestle Purina PetCare Company claiming that one of its dog food brand products contains toxins that are killing animals. Photo of legal document

According to NBC News, the lawsuit was filed in California in February, seeking class action status. The plaintiff, pet owner Frank Lucido, alleges that thousands of dogs have become ill or have died because of Beneful dry kibble dog food.

The lawsuit alleges that Lucido and his family owned three dogs, a German Shepherd, an English Bulldog and a Labrador, who all began eating the Beneful brand in late December or early January. He claims that the dogs were kept in different locations at this time because there were home renovations going on at the family’s property.

Lucido alleges that by the end of January, all three of the dogs became ill, with the English Bulldog eventually dying. An examination of the dog allegedly showed internal bleeding in the dog’s stomach and lesions on his liver. These symptoms were also found among the other family dogs.

In his lawsuit, Lucido claims that the one constant that all of the dogs experienced at the time of his home renovations were the foods they were eating. It should be noted that more than 3,000 consumers have made complaints online of dogs becoming ill, and in some cases dying, after eating Beneful kibble style dog foods, NBC News reported. Many of the complaints also involve instances of alleged internal bleeding, malfunction or failure of the liver, vomiting, diarrhea and weight loss.

The Lucido lawsuit alleges that the dog food contains propylene glycol, a known animal toxin.

How Can I File a Consumer Class Action Lawsuit?

As this case shows, when a company puts out an allegedly defective product, it opens itself up to class action litigation. This is especially true when the products in question are edible and may sicken people or pets.

It should be noted that there have been other high profile class action cases recently involving toxic pet food or products. NBC News reported that in May, Purina and Waggin’ Train LLC agreed to set aside $6.5 million to compensate pet owners who claimed that their animals were harmed by imported jerky treats.

Keep in mind, our own Gary Graifman has been involved in litigation where consumers have sought class action status for cases involving widespread product defects. If you have any questions, as a consumer that has been harmed, it may be in your best interest to speak to an attorney. You can seek compensation for your losses.

Kantrowitz, Goldhamer & Graifman, P.C. – Class Action Lawyers

Source: http://www.nbcnews.com/news/us-news/lawsuit-claims-purinas-beneful-poisoning-killing-dogs-n312176

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Can I Modify a Divorce Agreement?

Are you recently divorced? Has your former spouse sold a business or asset for far more than what it was valued for when your divorce agreement was finalized? You should know that you might have some options when it comes to seeking a post-divorce modification. Photo of couple speaking

Sadly, many people are unfamiliar with divorce modification. An important thing to remember is that if you or your former spouse’s job status, income or residency has dramatically changed, you could potentially seek a revision to your settlement agreement.

A post-divorce modification could help you when it comes to alimony, child support or child custody obligations. Some changes that could result in a modification include:

  • A job loss or promotion causing a change in income
  • Serious illness or injury causing relocation or a change in income
  • Parental relocation
  • The failure of a person to comply to a child custody arrangement or spousal support provisions in a divorce decree
  • The failure to abide by property division requirements in a divorce settlement

Former Dodgers Owner Wins Post-Divorce Appeal

We bring up post-divorce modifications because recently a California appeals court rejected a bid by the ex-wife of former Los Angeles Dodgers owner Frank McCourt to toss out their divorce agreement.

According to the Associated Press, Jamie McCourt sought a post divorce modification because she said that Frank did not provide accurate estimates of the team’s value during their divorce proceedings.

Following the couple’s divorce, Frank sold the team for more than $2 billion. Jamie reportedly agreed to a $131 million payment in their divorce agreement, prior to the sale of the team. In her post divorce case, she claimed that she did not receive an accurate evaluation of the team’s value prior to its sale; instead, she agreed to a payment far less than the team’s actual value.

Working with an Attorney on a Post-Divorce Modification

As this case shows, if you or your former spouse experience a significant financial change following your divorce, it may be in your best interest to speak to an attorney. This goes both ways. If you sell an asset following your divorce and you receive a considerable amount of money (more than expected), your former spouse could potentially seek a modification for her or her alleged share of the worth.

Make sure either way that you receive expert legal advice, as the failure to do so could prove incredibly costly. Keep in mind, our attorneys have more than four decades of experience in family law negotiations.

Continue to follow the family law section of our blog for more information about divorce issues.

Kantrowitz, Goldhamer & Graifman, P.C. – Divorce Attorneys

Source: http://espn.go.com/los-angeles/mlb/story/_/id/12379791/appeals-court-overturn-frank-mccourt-divorce-agreement

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KGG Recovers $690,000 for Motorcycle Accident Victim

Recently, attorney Barry Kantrowitz successfully settled a serious motorcycle accident case just prior to the commencement of jury selection in Middlesex County, New Jersey. The 26-year-old injured rider sustained severe multiple fractures to his leg and hip when an 18-wheeler truck turned left across his path on a local roadway. Photo of motorcycle accident

Despite some witnesses who alleged that the motorcycle was traveling at very high speed, Kantrowitz’ investigation revealed that the driver had worked into the early hours of the morning from a prior shift and was not scheduled to drive on the date of the accident. A scheduling change got the driver back on the road with questionably adequate sleep. The driver admitted during deposition that she turned left while her view of oncoming traffic was obstructed.

Through the use of a certified accident reconstruction expert, Kantrowitz was prepared to establish at trial that the eyewitness’ account of the motorcycle speeding far in excess of the posted limit was unlikely.

In preparation for trial, Kantrowitz had large posters made of the collision scene and additional poster exhibits of the X-rays demonstrating the extensive injuries as well as the rods, screws and plates used to repair the rider’s injuries. Several settlement attempts through mediation were unsuccessful. It was only because of the thorough preparation of the case for trial that the insurance carrier finally made a reasonable settlement offer.

As this case shows, KGG has a successful record of representing motorcycle accident victims with serious injuries.

Kantrowitz, Goldhamer & Graifman, P.C. – Motorcycle Accident Lawyers

KGG’s Corner: Motorcycle accidents result in 70 or more fatalities and about 2,000 injuries each year in New Jersey.

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KGG Successfully Represents Parents in Custody Battles

Child custody and visitation cases are fraught with difficulty. A skilled custody-visitation attorney is a necessity. At KGG, we have five full-time matrimonial attorneys all of whom are skilled in custody and visitation matters. Custody and visitation often requires you to defend against Domestic Violence (DV) claims; allegations of drug and alcohol use; and many other attacks on your person and character. Photo of child

It is very important during the custody case and in time preceding it to give the appearance that you are a cooperative, friendly, parent who will help the children to realize their relationship with the other parent…notwithstanding how you may feel about them. If you’re going to prevent visitation or parenting time, there had better be a significant reason why. That reason must be that contact with the other parent is dangerous for the child’s well-being or specifically not in the child’s best interest.

We at KGG often handle hotly contested custodial and visitation cases. Often, the “W.T.F. factor” decides the case. That is Willingness To Foster a relationship for the children with the other parent.

Paul Goldhamer Victorious in Child Custody Case

Paul Goldhamer of KGG had a major child custody fight victory in late February.  It’s our 3rd major custody victory in 3 months. This was a 13 day trial over 6 months, where the psychiatrist was prejudiced against our full time employed female client. The adversary-father (represented by other competent counsel) was also an attorney who was very clever & somewhat devious. Employed by a municipality in the county where they lived, he orchestrated the client’s arrest for Domestic Abuse. We had the charges dismissed. The father alleged all types of violence.  The judge was extremely skilled & patient & took the time to see through the smoke to get to the truth. Justice does work! A good lawyer is imperative.

In a custody battle last month, Goldhamer won Principle Residential Custody for a full time employed Father against a stay at home mother. In that case, the wife filed 5 domestic violence complaints, alleging rampant drug & alcohol abuse & Domestic Violence. She also filed, complaints with the Child Protective Services against the dad. All petitions were defended and dismissed or determined to be “Unfounded”. The judge in that case was very experienced & patient beyond belief. By practicing patience, the judge gave us enough time to peel the veneer off a practiced, psychiatrically impaired liar & prove the father was the better custodial parent.

Randy Perlmutter Successfully Represents a Father

Attorney Randy Perlmutter, of KGG, had a career Custody victory earlier this month. Representing a Father diligently & tenaciously for a period of 9 years, he had the original custody determination concerning 2 young girls overturned, due to a change in circumstances. The court gave Principle Residential Custody to the Father. In this case, 7 years ago, the Father & Mother signed a contract to give custody to the mother, subject to Father’s visitation. Mother continually interfered with Father’s visitation & relentlessly tried to damage the father’s relationship with the children. She too, filed numerous petitions alleging Domestic Violence (D.V.) & sexual misconduct. Randy had numerous D.V.s dismissed & successfully filed many Visitation enforcement petitions. Through skillful cross examination over an 8 day trial, spanning 4 months, Randy unveiled the truth of this matter demonstrating to the judge that the Mother was incapable of fostering a relationship between the children & their Father. The court finally awarded Principal Residential Custody to the Father.

Kantrowitz, Goldhamer & Graifman, P.C. – Divorce Attorneys

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Can I File a Class Action Lawsuit Over a Defective Appliance?

Have you purchased a product and experienced issues with it almost immediately? Did you know that as a consumer, if a company sells you a product that is misrepresented through advertising and marketing efforts, or experiences great faults, you could hold the manufacturer liable? Photo of legal document

When a company puts out a defective product, it opens itself up to class action lawsuits. Litigation is not uncommon among people who have purchased defective automobiles, appliances or electronics. Through a class action lawsuit, all customers who have been affected by issues could potentially receive compensation for their losses.

Moldy Washing Machines Lead to Class Action Lawsuits

Recently, CBS News had good examples of consumer class action lawsuits when it reported that some appliance manufacturers were facing litigation over allegations that their front-loading washing machines were experiencing issues with mold.

According to the news outlet, a class action lawsuit has been filed against Electrolux Home Products, the maker of Frigidaire front-loading machines, over allegations that the appliances trigger heavy service calls and experience part troubles. According to an attorney working the case, Frigidaire knew that the machines were experiencing issues with parts and mold as early as 2007, but continued to sell the machines.

CBS News reported that class action lawsuits have also been filed against the makers of other front-loading machines, including Sears, Kenmore, LG Electronics, Bosch and Whirlpool Corporation. The cases all claim that the washers are defective, and that their designs may create an environment where bacteria can grow.

How Can I File a Class Action Lawsuit?

If you have purchased a defective product and the manufacturer has done nothing to alleviate the issue, it may be in your best interest to speak to an attorney. Keep in mind, our own Gary Graifman has been involved in litigation where consumers have sought class action status for cases involving widespread product defects.

For further information about consumer lawsuits, check out the bulletin section of our website by clicking here.

Kantrowitz, Goldhamer & Graifman, P.C. – Class Action Lawyers

Source: http://dfw.cbslocal.com/2015/02/17/moldy-front-loading-washing-machines-result-in-class-action-suits/

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Can I Modify a Child Custody Agreement?

Unfortunately, child custody and visitation can be one of the most contentious issues in any divorce case. However, quality legal counsel may be able to hash out some thorny issues that present themselves. Photo of child

Keep in mind, custody is always determined by a court based on the best interest of the child. Neglect or abuse always gives rise to a negative inference against the instigator.

If your former spouse is failing to live up to his or her parental obligations especially because of serious abuse, neglect, threats and/or other forms of domestic violence, you may be able to seek full custody of a child and deny the other parent visitation rights. Through documentation, and by working with an attorney, it may be possible for you to prove that the other parent is unfit for custodial rights or visitation.

Remember, if you have a custody arrangement in place, if one parent is failing to live up to his or her responsibilities, you may be able to have the agreement modified post-divorce.

Rapper Wiz Khalifa and Ex in Child Custody Spat

A good example of a child custody dispute is rapper Wiz Khalifa’s battle with model Amber Rose. According to the New York Daily News, Khalifa wants a greater share of parenting time when it comes to the couple’s 1-year-old son.

According to the news outlet, the rapper has been calling Rose a “deadbeat mom” to media representatives. Additionally, he is allegedly in the process of compiling complaints about Rose for a custody modification. These complaints allegedly include allegations that the child lives in unsanitary conditions and that she goes out to parties rather than taking care of him. This is a double edged sword.  Statements made to the child or to the public about the other parent is not a sign of a “Friendly Parent”. A parent found not to be a “Friendly Parent” will do damage to the court’s opinion of their parenting abilities. Publicly embarrassing your child’s other parent does not serve the best interests of the child.

Working with an Attorney in a Child Custody Case

Remember, if a parent is failing to live up to his or her obligations, it may be a good idea to seek a custodial modification. Unfortunately, when one parent is failing with a child, it can cause turmoil in any arrangement. By working with an attorney, you may be able to resolve your custody issues with your ex in a legal manner.

Keep in mind, our attorneys have more than four decades of experience in family law negotiations. Continue to follow the family law section of our blog for more information about issues surrounding divorce and child custody. We update it regularly.

Kantrowitz, Goldhamer & Graifman, P.C. – Divorce Attorneys

Source: http://www.nydailynews.com/entertainment/gossip/wiz-khalifa-greater-custody-son-report-article-1.2118225

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Are There Warning Signs of Nursing Home Abuse?

Is your loved one a resident at a New York or New Jersey nursing home? Make sure that you pay attention the facility’s treatment of your relative, as some centers experience issues with items like bedsores, malnutrition, abuse and drug dispersal errors. Photo of woman in nursing home

If you ever want to know about a nursing home’s reputation, there is a program titled Nursing Home Compare that offers reports about the quality of services offered at facilities that care for patients who receive Medicare or Medicaid.

To view how your local nursing homes compare, you can visit the program by clicking here. You can search the Nursing Home Compare by typing in a facility name, zip code or city.

As this federal database shows, nursing home abuse and neglect is something that agencies take very seriously. If you have a family member whom you believe is suffering at the hands of a facility, you should contact your local authorities, especially if it involves instances of assault or abuse. Additionally, as the case below shows, it may be in your best interest to contact an attorney.

NYC Nursing Home Settles Wrongful Death Lawsuit

We decided to blog about nursing home abuse and neglect this week, because there was a story in the news recently generating headlines. According to the New York Post, the family of a once-prominent New York judge has settled its wrongful death lawsuit with a Brooklyn nursing home after the man froze to death at the facility seven years ago.

According to the Post, the settlement was reportedly for $750,000. The case involved the late Civil Court Judge John Phillips, who reportedly froze to death at his Prospect Park Residence. His area at the facility was allegedly unheated at the time. Attorneys for his family said the facility still has heating issues, and the Post reported that it talked to current residents who said that the dining room and other common rooms remain unheated at the center.

Working with an Attorney on a Nursing Home Claim

As this case shows, many resident deaths and injuries sustained at nursing homes are preventable. Again, signs of neglect that you may want to look out for include bedsores, malnutrition or dehydration and infections. Additionally, you may want to look for signs of bruising on your loved one, as this can be an indication of potential abuse or assault.

In addition to all of this, it may be a good idea to inspect the facility for issues with bedding, hygiene and heating and cooling.

Remember, by contacting a nursing home abuse attorney if you see signs of abuse or neglect, he or she may be able to launch an investigation into your case before it is too late.

If you leave your loved one in the hands of a nursing home, you would expect that his or her personal safety would be a priority; sadly, this is not always the case. We will continue to update you about nursing home cases and their legalities in our blog.

Kantrowitz, Goldhamer & Graifman, P.C. – Injury Lawyers

KGG’s Corner: Some studies have found that as many as 44 percent of nursing home residents said that they have experienced abuse.

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