Law Offices of Brian Turner LLC

Archive for June, 2009|Monthly archive page


Alabama Supreme Court Denies Jeff Co. Request for Stay

In Uncategorized on June 23, 2009 at 4:09 pm

Today the Alabama Supreme Court unanimously denied the Jefferson County Commission’s request for a stay of the Order entered by Judge David Rains requiring the County to hold in escrow all sums collected under the occupational tax.  All money collected by the Jefferson County Commission after May 18, 2009, must be held in escrow until the appeal taken by the County is resolved.

The Supreme Court, citing concerns with the County’s obligations under the Due Process Clause of the U.S. Constitution if it is allowed to spend the collected sums unchecked, left room in its Order for the County Commission to post a satisfactory bond with the trial court to insure that the funds collected by the County are available to refund to the taxpayers should Judge Rains’ Order finding the tax to have been validly repealed is affirmed.


Consumer Litigation Update

In Uncategorized on June 18, 2009 at 11:06 am

Recent Class Action Settlements

Hill | Turner LLC has recently settled class action cases against two companies for sending junk faxes.  The first case involved the Birmingham, Alabama based restaurant “Chappy’s Deli.”  That case was filed in the Circuit Court for Jefferson County, Alabama.  The second case was filed in the United States District Court for the Northern District of Georgia against Pitney Bowes Corporation.  In each of these cases, the company involved had sent tens of thousands of unsolicited faxes in violation of the Telephone Consumer Protection Act.  Consumers and businesses who received these illegal faxes were sent notice of the settlements and may make claims with the claims administrator in each case as provided for in the notice of settlement they received. 

If you have received unsolicited junk faxes, please visit our About Us page and contact HILL | TURNER LLC with any questions you may have about protecting your rights as under the Telephone Consumer Protection Act and the Junk Fax Prevention Act.

 

New Filings

Hill | Turner LLC has filed class action lawsuits on behalf of property owners in Mobile and Baldwin counties challenging the way those counties handle over-bids associated with the sale of property for back taxes.  The suits allege that these counties fail to properly apply interest earned on bids made against the property in excess of the back taxes owed.  Additionally, the lawsuits allege that these counties fail to inform the property owners of the overbids and the interest being earned on the overbids.  Both counties have denied any misdeeds. 

The firm has also filed a class action in the United States District Court for the Northern District of Alabama on behalf of consumers who have “non-recourse lawsuit funding” contracts with Oasis Legal Finance, LLC.  The defendant claims that it is buying an interest in the consumer’s personal injury lawsuit, in exchange for repayment of the amount of money paid to the consumer plus interest at an annual percentage rate of almost 36% if the lawsuit is successful.  In reality, these lenders are making high interest loans outside the regulations applicable to most lending institutions in the State by calling them a purchase.  These companies are making a bet that the injured or sick person’s lawsuit will resolve favorably and then the company will get a big payout. The suit alleges these loans are illegal under Alabama law and Hill | Turner LLC is seeking relief for consumers.

 

Please check www.AlabamaLegalRights.com for updates on these cases.


Updates for Alabama Consumers

In Uncategorized on June 18, 2009 at 9:55 am

Zicam – On June 16, 2009, the U.S. Food and Drug Administration (FDA) notified consumers to stop using Zicam nasal gel and nasal swab products.  These homeopathic cold remedy products have been associated with the loss of the sense of smell which, in some cases, may be permanent.  The manufacturer is offering refunds to consumers and has agreed to stop shipping the products in question.  Anyone who has experienced the loss of the sense of smell after using Zicam nasal gel or nasal swab products should contact a health care professional immediately.  The company has been settling lawsuits for consumers who have lost the sense of smell while using these products since 2006.

Viking Refrigerators – The Consumer Product Safety Commission has issued a notice of voluntary recall of Viking refrigerators.  These refrigerators have doors that can detach and fall on users.  The models involved are built-in 48 inch wide side-by-side refrigerator/freezers and 36 inch wide refrigerators with bottom freezers.  These models were sold between July 1999 and April 2006, with retail prices ranging from $4,725 to $6,400 per unit.  Consumers should contact Viking to schedule a free in-home repair.  Their toll free number is (888) 345-2650.

Starbucks Coffee Grinders – On June 16, 2009, the Consumer Product Safety Commission announced a voluntary recall of Starbucks Barista Blade Coffee Grinders and Seattle’s Best Blade Coffee Grinders made by Tsann Kuen.  The units can fail to turn off or can turn on unexpectedly, leading to lacerations to unsuspecting users.  The units have been sold at Starbucks and Seattle’s Best coffee shops since March 2002, and retail for approximately $30.  Consumers should immediately stop using these grinders and contact Starbucks toll free at (866) 276-2950 to receive a free replacement grinder.

Black & Decker Coffee Makers – On June 23, 2009, the Consumer Product Safety Commission announced a voluntary recall of Black & Decker® brand Spacemaker™ coffee makers.  The brew basket on these coffeemakers can shift out of alignment allowing hot water to overflow, causing a scalding and burn hazard to consumers.  This model has an under-cabinet mount, programmable digital clock/ timer, removable water reservoir and either a 12- cup glass carafe or an 8- cup thermal carafe.  The recall includes only model numbers ODC440, ODC440B, ODC450, and ODC460.  This number can be located on the back of the coffee maker.  Consumers should immediately and contact Applica for a free replacement brew basket.  Their toll-free number is (866) 669- 4442.

If you, a family member or friend have been injured by a defective product, please visit our About Us page and contact HILL | TURNER LLC with any questions you may have about protecting your rights as a consumer.

Judge Denies Stay for Jefferson County

In Legal News on June 5, 2009 at 2:58 pm

On June 4, Judge David Rains denied Jefferson County a further stay of his Order requiring money collected under the occupational tax  he declared illegal in January to be held in escrow pending an appeal to the Alabama Supreme Court. “Unfortunately this court has no confidence that this matter can reach a political or legislative solution so long as the court provides shelter from the crisis,” Rains wrote in his opinion. “If this court or the Supreme Court grants a further stay there will be no incentive for the county and its legislative delegation to resolve the matter.”

Under a prior Order, the County Commission must now hold all money collected after May 18, 2009.  The Alabama Legislature refused to pass a new occupational tax for Jefferson County in this year’s session – leaving the matter for the courts to decide.  The County has appealed the Order holding the tax is illegal.  They have sought a prior stay of the Order from the Supreme Court, which denied them relief and sent the issue of whether a stay should be granted to Judge Rains.  The County has sought and been granted extra time to file their appeal brief.

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