Las Vegas Injury Lawyers Blog

Written By a Law Clerk for Parker Scheer Lagomarsino:
Robert Maxey (Las Vegas, Nevada)

The American dream has always been the fuel of our nation propelling us forward. The idea that anyone could become successful, regardless of his or her background, has sparked almost every venture within our nation. It is this dream that has lead people to toil hard and work to build a name for themselves. We have grown to rely upon the American dream and it is expected if we work hard enough we will be rewarded proportionately. The dream is not just a part of our country; it is the soul of our country.

When attacks are made against the American dream we are inspired to defend it and see that justice is served. That is exactly what has happened in Hamilton County Court where an award of $14.5 million dollars was issued to Joseph Radcliff and his company CPM Construction of Indiana. His company had been involved in a lawsuit against State Farm on allegations that they had been defamed. During a hailstorm in 2006 CPM had been hired to perform repairs. However State Farm, the insurer of those homes, denied claims for damages that were made. This resulted in the insurer receiving bad publicity and prompted an attack against CPM.

Insurance fraud and racketeer influenced and corrupt organizations claims were pursued and initiated by State Farm against Radcliff and CPM in a court of law. However, the felony charges had no factual ground to be made and held no water. Marion County Prosecutor dismissed the claims. Unfortunately the damage had already been done to the reputation of both Radcliff and CPM. CPM was unable to stay in business and failed.

This was a true story of David versus Goliath. CPM Construction was a small respectable firm whereas State Farm was the nation's largest insurance provider. State Farm had used its power and influence to drive a small business out of the market and ruin Joseph Radcliff's reputation. It was through the court system that a small business owner was able to stand up against false accusations and be vindicated.

Joseph Radcliff had built his business upon the American dream and invested his time and energy to the success of his business. To deny anyone the right they have to profit from their hard work is un-American and unjust. We the people must stand against those who would abuse their power and influence. The court system can bring the needed justice for a person to receive closure from an illegal act. As Joseph Radcliff can testify, the courts keep the American dream alive and well.

A full article can be found here: 14.5 Million Dollar Jury Verdict Awarded Against State Farm Insurance

The Las Vegas office of Parker Scheer has previously sued insurance companies engaged in bad faith practices. One such insurance company was American Family Insurance. Andre Lagomarsino took American Family to trial and prevailed. The judge and jury combined to award Mr. Lagomarsino's client over $200,000 for the denial of an underinsured motorist claim. Our office has also sued other insurance companies for their bad faith misconduct.

Continue reading "The American Dream is Alive and Well
Small Business Owner and His Trial Lawyers Hammer State Farm For Millions of Dollars" »

During the 1960's some of the most progressive legislature regarding civil rights was passed and new power was given to those laws. Before then racial tensions had been on a continuous rise and the government had seen itself out of the conversation with the ruling of Plessy v. Ferguson. However after that ruling was over turned in the 1954 ruling of Brown v. Board of Education the government found itself as a new mediator in race relations.

Several laws were passed to protect civil rights, mainly the Civil Rights Act of 1964 which prevented discrimination based on "race, color, religion or national origin." It was the hope of many that these laws would help end discrimination and once again turn our country into a place for the free and the brave. However in some cases resistance was strong and government intervention was necessary.

Through the past decades and numerous lawsuits citing the Civil Rights Act of 1964 as the basis of the lawsuit discrimination has greatly been reduced although it is not completely eliminated. In Baltimore David S. Brown Enterprises Ltd. is being sued for violations of the Civil Rights Act. The owner of Cibo Bar & Grill claims that over the years their clientele has changed and when it started becoming predominately African American they were challenged with interference from Brown Enterprises.

These are not minor claims or allegations; owners for Cibo Bar & Grill say Brown Enterprises forced them out of business. Brown Enterprises owns the property that Cibo Bar & Grill was operating out of and the tactics they were charged with using to put them out of business include changing the lighting to make it look like the business was not open, prevented the business from using common areas like the patio, varying the amounts of rent, and refusing to let the business sell itself once it had become unprofitable because the buyer was an African American couple.

This blatant discrimination is not just wrong but it is protected against by the law. Every business has the opportunity to succeed or fail on its own merits without discrimination coming into play. The actions of Brown Enterprises has lead to a degradation in the lives of those who live in a post Civil Rights Act world whereby they are allowed to enjoy freedoms that all Americans should have. We all deserve the right to eat where we would like and to be patrons of businesses we approve of. For some to take actions to thwart that right is unjust, unethical and un-American. The suit is seeking damages for abuse of process, breach of contract, contract interference, civil rights violations and more.

A full article can be found here: Restaurant owners sue Baltimore Co. developer, claim racism

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been the victim of discrimination and would like to be represented by a good Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.

Monopoly is a great board game and one that has entertained families for decades. The game revolves around pieces jumping around a board buying up properties. Once enough of the same types of property are bought a monopoly can be formed whereby players can begin charging double for landing on their monopoly. This innocent game is reflective of a real life monopoly whereby one company is allowed to charge outrageously high prices because it controls a majority, if not all of the market share.

Originally monopolies were found all over the United States but as time went on their detrimental effects were realized quickly. Monopolies had a power that no other corporation had before it; the power to set a price to whatever they felt it should be and consumers were forced to oblige. Without any competitors to turn to monopolies ruled over entire industries with iron fists forcing consumer's to empty their wallets and leaving them no alternative. This was until the early 1900's with the utilization of the Sherman Act, which banned monopolistic behavior. Monopolies have been struggling to elude government sanctions from that time on.

Both the government and other businesses enforce laws against monopolies. It is the civic duty of every business to report and prevent a monopoly from taking over when deemed illegal. Lens.com has done just that in a filing a lawsuit in U.S. District Court for Nevada against 1-800 Contacts Inc.

Reportedly 1-800 Contacts is the world's greatest seller of contacts but success alone doesn't make for a monopoly or a lawsuit against one. Going after a monopoly requires finding illegal behavior whereby a company forces its success through dishonest and strong-arm means rather than good marketing and product alone. Within the lawsuit 1-800 Contacts is accused of abuse of process and unfair competition.

Abuse of process is a means whereby people use the courts improperly to file suits perhaps to cause delay or duress. In this case Lens.com claim that 1-800 Contacts has filed frivolous lawsuits against it in an effort to reduce Lens.com productivity and cause duress over trademarks. Abuse of Process can be used many different ways as a means to unsettle opponents.

Unfair competition is broad term that encompasses many aspects relating directly with antitrust laws. It includes practices that limit the fairness of competition and the removal of conditions that apply to all competitors and changing them as to apply to a select group. These conditions don't take on an illegal form however until they are conducted intentionally with the hopes to gain an advantage over competitors. Lens.com cites 1-800 Contacts as restricting information that is not eligible to be restricted. Business can be difficult but if it is not fair then it is not fair and that becomes the queue for the government to step in and hammer things out.

A full article can be found here: Nevada lawsuit alleges monopoly practices by contact lens firm

Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been a victim of illegal activity against your business and would like to be represented by a Las Vegas Business Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.