Wednesday, August 31, 2011

Judicial Watch Defends Georgia's Immigration Law in Appellate Court with Amicus Curiae Brief

WASHINGTON - Judicial Watch, the organization that investigates and fights government corruption, announced today that on August 22, 2011, it filed an amicus curiae (friend of the court) brief with the United States Court of Appeals for the Eleventh Circuit defending the State of Georgia's immigration law, known as the Illegal Immigration Reform and Enforcement Act of 2011 (IIREA). The case is on appeal from the U.S. District Court for the Northern District of Georgia, which enjoined Sections 7 and 8 of the new law, ruling that these provisions were preempted by federal law ( Georgia Latino Alliance for Human Rights, et al., vs. Nathan Deal, et al. (No. 11-13044-C)).

Section 7 of Georgia's Illegal Immigration Reform and Enforcement Act of 2011 prohibits three types of violations by persons who have previously committed a separate criminal offense: 1) knowingly and intentionally transporting or moving an illegal alien to further the illegal's stay in Georgia; 2) knowingly concealing, harboring, or shielding an illegal alien from detection in Georgia; and 3) inducing, enticing, or assisting an illegal alien to enter into Georgia.

Section 8 of the law authorizes a peace officer (local law enforcement) to verify the immigration status of any suspect the officer has probable cause to believe has committed a criminal violation. If the suspect is determined to be an illegal alien, the officer may detain and arrest the subject if doing so authorized by Georgia and federal law.

According to Judicial Watch's amicus brief, the District Court erred in its June 27, 2011 decision. The IIREA is consistent with federal law, the "historic police powers of the States," and is supported by well-established court precedent:

In sum, rather than regulating immigration, the State of Georgia has merely invoked its well-established police power and codified the inherent, well-established investigatory powers of state and local police officers. Moreover, in doing so, it relied entirely on federal immigration standards and the federal government's determination of whether a person is lawfully present in the United States.

"The State of Georgia has the legal right and constitutional authority to protect its citizens against crimes associated with illegal immigration," said Judicial Watch President Tom Fitton. "Georgia's new law gives Georgia law enforcement modest new tools to combat sex trafficking, the drug trade, black-market labor, and gang violence. The Obama administration's refusal to enforce our immigration law is a crisis and has forced the hand of states such as Georgia. We have a president who has not only failed to address the illegal immigration crisis at the federal level, but actively attacks states for merely trying to protect their citizens. We hope the appellate court pushes back against the Obama administration's dangerous contempt for the rule of law."

Judicial Watch has been at the forefront of supporting the efforts of states to enforce laws against illegal immigration. Judicial Watch is representing the Arizona State Legislature and Arizona State Senate President Russell Pearce against a Justice Department legal challenge of Arizona's SB 1070.

Snowmobiling Accident : Ben Fetters Wins $200,000 in Personal Injury Settlement

CLEVELAND - Trial attorney Greg Scott of Lowe Eklund Wakefield & Mulvihill Co., LPA obtained a $200,000 settlement for client Ben Fetters, who was seriously injured in a snowmobiling accident in Ashtabula County.

In March 2007, Fetters was riding a snowmobile at the front of a group of four other riders. They were riding along the Greenway Trail, a public path in Ashtabula County that is used for horseback riding and snowmobiling. During the journey, the group deviated from the path onto a public road, which led them to a gas/oil access road that crossed the back of a farm. As they were traveling, Fetters ran into a thin metal wire that was pulled across the path. The wire caught Fetters' neck and pulled him off the snowmobile.

As a result of the accident, Fetters suffered several fractured vertebrae in his neck and a crushed esophagus. He was life-flighted to a local hospital where he spent a week being stabilized. Then, he was transported to Cleveland Clinic's main campus where he received treatment that included fusion surgery for his injured neck. After a couple weeks in the hospital, he was discharged to a nursing home where he continued recovering.

Following the accident, the local sheriff's department conducted an investigation that included interviewing Lois Jansen, the owner of the farm where the incident occurred. While she said she was aware that snowmobilers rode across the back of her property, she denied knowing anything about the wire.

Because of its demonstrated leadership in the areas of product liability, personal injury and medical malpractice, Lowe Eklund Wakefield & Mulvihill Co., LPA was called upon to begin a more detailed investigation in 2008. The firm spent a full year looking into the case and utilized a vast array of legal experts and resources to uncover who had strung the wire across the path. In addition, they repeatedly surveyed the Ashtabula County property and questioned any individuals who may have had information about the accident.

As the investigation continued, the team discovered that Jansen's grandson, Peter Jansen IV, was living with his grandmother at the time of the incident. During a deposition from Lois' neighbor, Kevin Fowler, he admitted that his two sons, Joshua and Nathaniel Fowler, along with Peter, hung the wire across the path. The boys claimed that they had stapled "No Trespassing" signs to the wire. However, no evidence of these signs being attached to the wire or anywhere at the scene was ever found.

"Based on years of experience in handling similar Cleveland personal injury claims, we knew that the law does not allow a property owner or another individual to set up boobie traps or create dangerous conditions that are meant to harm others who come onto the property—even if they are technically trespassing," explained Scott. "We were confident that we could prove that hanging a practically invisible wire across a well-traveled path was reckless, wanton misconduct intended to injure Ben Fetters and hold the guilty parties responsible for his injuries. This case really highlights the dedication of our legal team to pursue every avenue and leave no stone unturned until the truth is revealed and our client is properly compensated."

With the help of his colleagues, Scott was able to settle the case against the Fowler boys and Peter Jansen for $200,000. The settlement will help defray the cost of Fetters' injuries, which have prevented him from returning to work as a diesel mechanic. The fused vertebrae in his neck severely limit his movement and he frequently experiences pain that travels from his neck down to his arm. He also has difficulty swallowing and is unable to lift over 30 pounds in a repetitive manner.

Since 1976, the award-winning trial attorneys at Lowe Eklund Wakefield & Mulvihill Co., LPA have successfully represented people in the areas of motor vehicle accidents, automobile product safety, home and workplace safety, medical malpractice, and birth injuries, as well as families of victims of wrongful death. U.S. News & World Report recently named Lowe Eklund Wakefield & Mulvihill Co., LPA to its 2010 "Best Law Firms" list, while lawyers from the firm were again honored as Ohio SuperLawyers for 2011.

Petzl America Recalls Belay Devices Due to Fall Hazard

WASHINGTON - The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of product: GRIGRI 2 belay device with assisted braking

Units: About 18,000 in the U.S. and about 2,000 in Canada

Importer: Petzl America Inc., of Clearfield, Utah

Manufacturer: Petzl SAS, of Crolles, France

Hazard: Excessive force on the handle can cause it to become stuck in the open position. When stuck open, the assisted braking function is disabled, posing a fall hazard to consumers.

Incidents/Injuries: Seven devices worldwide, including one in the U.S., were returned after the users noticed that the handle could become stuck in the open position. No injuries have been reported.

Description: The GRIGRI 2 belay device is used by rock climbers to control the climber's safety rope during a fall or while being lowered on the rope. The first five digits of the serial numbers of devices affected by this recall range from 10326 to 11136. The serial number is engraved on the body of the product underneath and protected by the folded handle. The belay devices are 4 inches in length and 2 inches in width, and come in grey, blue, and orange colors.

Sold at: Sports and recreation stores in the U.S. and Canada from February 2011 to June 2011 for about $95.

Manufactured in: France

Remedy: Consumers should stop use of the affected GRIGRI 2s immediately, and contact Petzl America for a replacement.

The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov.

CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC's work to ensure the safety of consumer products—such as toys, cribs, power tools, cigarette lighters, and household chemicals—contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Under federal law, it is illegal to attempt to sell or resell this or any other recalled product.

Tuesday, August 30, 2011

Alpine Access Plans to Hire Over 1,000 Work-from-Home Agents by Year End

DENVER - Alpine Access, the premier provider of virtual contact center solutions and services, today announced plans to hire over 1,000 work-from-home employees across the nation by the end of 2011. These jobs will primarily focus on customer service and are the result of ongoing demand from new and existing Alpine Access clients. These open positions further illustrate the positive impact the virtual home-based call center model is having on the nation's economy.

Earlier this month, FCC Chairman Julius Genachowski, discussed the importance of the call center industry to America's economic revival, highlighting virtual call center growth and the 60,000 Americans currently working as contact center reps from their homes. Alpine Access' ability to hire the most qualified talent across the country provides significant support in this effort to help Americans affected by the economic downturn.

"Since pioneering the virtual @home model for call centers in 1998, Alpine Access has hired thousands of Americans," said Christopher M. Carrington, President and CEO of Alpine Access. "We are proud that our company's continuing growth and success enables us to hire even more Americans while also supporting the government's economic recovery efforts."

Ideal candidates for Alpine Access positions are self-starters desiring home-based employment. Alpine Access customer care professionals have educational backgrounds, a work history that includes previous customer service related responsibilities and strong online computer skills. To learn more about specific employment requirements or to apply for a home-based position, please visit the Alpine Access website at www.alpineaccess.com and click on the 'Apply' tab.

Alpine Access continues to transform how and where the world learns, works and lives. Its virtual business processes include outsourced home-based contact center services and solutions, SaaS-based e-learning capabilities, virtual workforce consulting and a virtual recruiting platform.

About Alpine Access

Alpine Access pioneered the virtual contact center model in 1998 to deliver high quality customer service at a lower cost for brand-conscious companies. With more than 4,500 professionals in the U.S. and Canada, Alpine Access was recently named the best contact center and CRM outsourcer for client satisfaction by the Black Book of Outsourcing. Alpine Access' clients include ten of the Fortune 100 companies in the financial services, communications, technology, healthcare, retail, travel and hospitality sectors. Visit www.alpineaccess.com or call 1-866-279-0585 for more information.

Time Share Fraud and Unfair Credit Card Lending Practices - Class Action Litigation

BOCA RATON, Fla., - The Center for Legal Justice, LLC is a private lawyer referral service and consumer advocacy group. Starting in 2010, The Center for Legal Justice, LLC began referring members of the public to various consumer protection attorneys that specialize in aiding victims of Time Share Fraud and unfair credit card lending practices.

Time Share Fraud is a major problem in Florida and other states. The Florida Attorney General has engaged numerous business organizations and individuals in enforcement actions alleging deceptive trade practices and organized fraud.

The first scheme involves telemarketers falsely representing that they had procured a buyer for their property, when in reality, no buyer had been procured. The second scheme involved targeting those same victims under the guise that a fund had been set up by the Attorney General that was being used to compensate victims of the initial time share fraud, when in reality, the telemarketer was a former time share resale marketing employee.

In addition to helping victims of Time Share Fraud recover their monies, The Center for Legal Justice has also referred many clients to the Delta Law Firm to receive representation due to major Credit Card Issuing banks misrepresenting balances and placing erroneous charges for various reasons on consumers' monthly statements. The Delta Law Firm filed class action litigation against three major credit card-issuing banks alleging that the banks misrepresented the rights of cardholders with the intent to induce them to pay for charges that they were not responsible for.

The managing partner of the Delta Law Firm, Attorney Howard Feinmel, discovered, while assisting customers obtain credits from issuing banks, that cardholders do not realize that if they are not satisfied with a credit card purchase in excess of $50, they may not be obligated to pay for it. Mr. Feinmel commented that, "Many of these victims are elderly and have been customers of the bank for over 20 years and I find the fact that the bank refuses to cooperate with them unconscionable."

A spokesperson for The Center for Legal Justice wondered who was advocating for these elderly victims: "The Office of the Comptroller of the Currency, Federal Depository Insurance Corporation and Office of Thrift Supervision was made aware of the practices of the banks and, in some instances, assisted in obtaining credits but in most circumstances refused to act."

Rather than attempt to collect against defunct organizations the Delta Law Firm directed their attention to the credit card banks that processed the transactions. By utilizing the section of the contract entitled "Your Rights if You Are Dissatisfied with Your Credit Card Purchases," the Delta Law Firm was able to obtain an excess of $300,000 in permanent credits. However, the credit card companies, realizing that they would not be able to collect from the merchant, began misrepresenting that the cardholder only had 60 days to initiate the dispute.

There is no such time restriction when the dispute is in the nature of a "claims and defenses" dispute.

Public Safety Concerns Persist 10 Years After 9/11

UNIVERSITY PARK, Ill.- Federal Signal Corporation, a leading global designer and manufacturer of public safety communications equipment and systems, today announced the results of its 2011 survey regarding Americans' public safety concerns ten years after 9/11. Conducted by Zogby International, and involving 2,153 adults across the United States, Federal Signal's 2011 Public Safety Survey revealed that half of Americans feel they are less safe today than they were prior to the 9/11 tragedy. The research also discovered that 90 percent of Americans believe that community public emergency awareness and/or communication requires some form of minor to major improvement.

Other key findings included:

One third (34 percent) of Americans feel that public safety is a not a priority in their community.
Almost 4 out of 10 consider their city or town slightly to completely unprepared in the event of an emergency, including unexpected emergency risks such as natural disasters, terrorism and health pandemics.


"This survey speaks volumes to perceptions about the current state of public safety awareness and emergency preparedness and reminds us solutions must come from year-round, community-wide engagement and action," noted Joe Wilson, president of Federal Signal's Safety and Security Systems Group. "While two-thirds of Americans feel public safety is a priority in their communities, we can't be satisfied until we have the entire population positively expressing this sentiment."

Americans Feel Safest at Home, Not Work

Federal Signal's research further unveiled that more than 4 in 10 Americans feel that public safety planning is not a priority to their employers. When asked where they felt safest, only 4 percent of respondents said at work. However, respondents who live in a smaller city feel that their employers prioritize safety much higher (73 percent) than those who live in a rural area (48 percent).

Paying Attention to Disasters can Help Americans Prepare for Them

When citing recent natural disasters, for example the earthquakes, tsunamis, tornadoes, hurricanes, and floods that occurred in 2011, 52 percent of Americans indicated that attention to emergency preparedness has not increased. Of those respondents, an overwhelming 90 percent between the ages of 18 and 24 believe attention to emergency preparedness has not increased, and those who live in a city believe that attention has increased more than those who live in suburban or rural areas.

"Whether you're considering 9/11 or the devastating natural disasters that occurred in 2011, the danger should never be completely removed from Americans' minds," said Wilson. "We need to collectively consider and actively discuss how we should prepare, respond and communicate in the event of an emergency scenario."

Public Safety Requires a Proactive Approach

According to the survey, public safety awareness has not improved for almost half of Americans, with 46 percent reporting they maintain the same or a lesser level of awareness as compared to a year ago. Twenty-two percent claimed that nothing will make an effective impact to increasing public safety awareness.

"We need to remind Americans what individuals and families can and should do on their own," Wilson added. "Federal Signal is committed to helping ensure that Americans are not only prepared for an emergency situation, but that they're aware of what is being done to keep them safe in a disaster."

Americans Make Use of Communication Channels

The study also examined how Americans choose to communicate during an emergency scenario, finding 57 percent of survey respondents would use multiple forms of communication, including text messaging, social media and email if no landline or cell phone voice communications were available in the event of an emergency.

"Threats of terrorist attack and natural disasters were deemed Americans' greatest public safety concerns in our annual survey last December. This year's research not only reaffirms these concerns, but reveals a greater need for more visible public safety awareness and emergency planning education," Wilson said. "Federal Signal invites everyone to sign up for local community mass notification services and to take advantage of other available online resources such as information about what to include in an emergency kit, how to practice evacuation drills, and remembering the importance of texting first and talking second for non-emergency communications during a disaster."

List of Top Vehicle Picks for Tailgating

ORLANDO, Fla.- College football season kicks off this week and the NFL regular season will soon follow. For many Americans, that means it's time to load up their car or truck for tailgating prior to the game. AAA Auto Buying experts are kicking off football season by releasing their list of top vehicle picks for tailgating.

"Tailgate parties are synonymous with football season. While some diehard fans will purchase an older vehicle and deck it out with their team colors and features specifically for tailgating, most fans head to the stadium in the vehicles they use every day," said John Nielsen, AAA National Director of Auto Repair, Buying Services and Consumer Information.

"If you're an avid tailgater and in the market for a new vehicle, AAA Auto Buying experts have compiled a list of vehicles you should check out before the big game."

Tailgating vehicles are traditionally thought of as trucks and SUVs. For those football fans seeking a more traditional vehicle, AAA Auto Buying experts have three top picks:

Ford F-150 EcoBoost: For fans who like their tailgating vehicles to actually have a tailgate, AAA Auto Buying experts suggest the Ford F-150 EcoBoost. It's a pickup truck with V-8 power and six-cylinder fuel economy. The extended and crew cabs make it easy to carry friends and family to the game in surprising comfort while the cargo box easily accommodates everything necessary for a great tailgating experience. The TrueCar national average selling price of the 2011 Ford F-150 SuperCab XLT is $32,245, 6.8 percent less than the MSRP.

Chevrolet Tahoe Hybrid: Fans seeking a slightly 'greener' vehicle for tailgating that still provides them with all the room they need for a good tailgating party should consider the Chevrolet Tahoe Hybrid. The cavernous interior provides ample room to carry fans and supplies to the big game. But for those who want a deluxe tailgating experience, the Tahoe's generous towing rating makes it easy to haul a separate trailer filled with the ultimate tailgating supplies. The TrueCar national average selling price for the 2011 Chevrolet Tahoe Hybrid is $46,073, which is 11.6 percent less than the MSRP.

Chevrolet Avalanche: The Chevrolet Avalanche allows fans to enjoy an actual tailgate at their tailgating party while also being able to securely lock away their supplies when they head inside the stadium. The Avalanche has a unique combination of a crew cab pickup truck passenger cabin with a cargo box that can be locked and kept weather-tight. The TrueCar national average selling price for the 2011 Chevrolet Avalanche is $31,780, 14.7 percent less than MSRP

AAA Auto Buying experts recognize not all football fans may want a large truck or SUV for their everyday driving, and therefore named three less traditional tailgating vehicles to the top picks list, as well:

Ford Flex: For fans looking for tons of room without getting an SUV, AAA Auto Buying experts suggest the Ford Flex. Its boxy styling delivers an exceptionally roomy interior that is perfect for passengers, coolers, grills and folding furniture. The EcoBoost engine, with its improved performance and better fuel economy (over the standard V-6), makes the Flex even more attractive as a spacious SUV alternative for tailgating. The TrueCar national average selling price of the 2011 Ford Flex with EcoBoost is $34,169, which is 9.8 percent less than the MSRP

Subaru Forester: For diehard fans that tailgate in any weather — be it rain, sleet or snow — they want a vehicle like the all-wheel-drive Subaru Forester that can get them through any conditions to the game. In addition to delivering exceptional value, this crossover utility vehicle offers lively engine response (in the turbo version), comfortable seating with room for four and above average ride and handling. In addition, the cargo area should be more than capable of handling the basic necessities for a good tailgating party. The TrueCar national average selling price of the 2011 Subaru Forrester is $20,537, 4.6 percent less than the MSRP.

Nissan Cube: The most untraditional pick by AAA Auto Buying experts for tailgating is the Nissan Cube. Its stylings may appeal more to college student or recent graduates, but it still provides amazing amounts of room for party food and tailgating gear. Additionally, the Cube has an exceptional turning radius and swing-out tailgate that will make maneuvering and setup in a crowded parking lot a breeze. The TrueCar national average selling price of the 2011 Nissan Cube is $14,697, which is 5.2 percent less than the MSRP.

California Science Center Dismissed From American Freedom Alliance Lawsuit

LOS ANGELES - On August 24, 2011, Plaintiff American Freedom Alliance (AFA) dismissed, with prejudice, the state run California Science Center (Center) from a pending breach of contract and civil rights lawsuit concerning a private event AFA booked with the private non-profit California Science Center Foundation (Foundation).

The parties reached a settlement just prior to a scheduled court hearing on the Center's dispositive motion for summary judgment which, if granted, would have confirmed that the state run Center had no liability in this case.

Key terms of the settlement include the fact that the state run Center would pay no money to AFA, and all parties would bear their own attorneys' fees and costs incurred in this litigation. The Center is pleased to put what it views as a meritless lawsuit behind it, and to continue working to advance its mission of stimulating curiosity and inspiring science learning.