Iowa Edict - Financially Ripped-Off!

Son as a "non permissive" driver may be heading to criminal court

Steve Lombardi — Thu, 03 May 2012 04:00:51 -0600

I get a lot of questions and this week was no exception. Here a mother wrote to me because her son was involved in an intersection collision with another high schooler. The other kid ran a stop sign and t-boned her car. Progressive insured the other driver and apparently is claiming the son was a non permmissive driver and they will not provide insurance coverage. Really? You know where Progessive likely heard that story from.

If that young driver's parents are claiming he didn't have permission to drive, they are likely saying this to avoid paying, thinking this will do an end run on the insurance claim. Well, they are likely making a big mistake. Here's why.

If he was driving without permission then didn't he steal the car? As a lawyer my first question will be whether they turned junior in to the police as the driver of a stolen vehicle. If he didn't have permission to be driving then he stole the vehicle and should be charged criminally.

So as a coddling and entitlement mentality parent consider the consequences before doing the wrong thing. The next time a parent wants to teach a kid how to avoid responsibility think it through and exactly what you're teaching your son.

You can't have it both ways, you can't avoid financial responsibility for negligence by claiming the driver wasn't given permission to use the car and avoid criminal sanctions for theft. That Participation Trophy won't be handed out in real life; only on the soccer field.

So you say "Check." and I say, "Check-Mate!"

In real estate law what is a straw buyer?

Steve Lombardi — Tue, 01 May 2012 04:00:29 -0600

A straw buyer is a middle man that acts as a legitimate buyer but who is other than they appear to be to the seller or lender. It used to be a straw buyer was someone who would shield the final buyer from the seller to just keep the price down. Such as Wal-Mart hiring me to be a straw buyer for 100 acres of ground they want me to buy for them. They pay me to legitimately buy the land but to keep their intentions to build a Wal-Mart store secret. I get paid $100,000 to buy the ground and then to immediately sell it to their corporate real estate department. That’s completely legitimate and smart business because if the seller knew the ground was to be used to build a store for Wal-Mart the price would increase by more than tenfold. So what is wrong with a straw buyer?

]]>Well in some instances straw men are used to get around regulatory requirements that would otherwise preclude a person or company from buying a piece of property. Such as with repossessed homes; with repossessed homes, HUD Homes, for a set period of time (I believe it’s the first 120 days) only people who intend to live in the homes can bid on them. Investors are precluded from buying these homes when their intention is not to live in them, but to resell. Where straw buyers get in trouble is attempting to gain an advantage to do an end-run on the laws of the land. That is my friend, what they call the last straw.

Investopedia has a good definition of the straw buyer as well as it sometimes being a legitimate business transaction.

Now let’s not forget our friends at the Mortgage Fraud Blog, she has another ten articles that included a few about straw buyers being criminally prosecuted.

Mortgage Fraud Blog - Perp Walk - 10 new articles

In This Issue...

Developer Admits Scam that Contributed to Bank Failure
Real Estate Investor Indicted for Stealing from Clients
Mother Sentenced for Forgery and Straw Buyer Conspiracy
Real Estate Investor Admits Foreclosure Bid Rigging
Lawyer, Loan Office and Loan Processor Admit $9M Fraud
Alleged Loan Modification Scammer Arrested
Orchestrator of Straw Buyer Scam Sentenced
Investor Sentenced for Cash Back Mortgage Scam
Foreclosure Rescuer Sued for Failing to Deliver
Real Estate Investor Convicted of Running Ponzi Scheme
Search Mortgage Fraud Blog - Perp Walk

George Clooney demonstrated what OWS hasn't.

Steve Lombardi — Mon, 19 Mar 2012 04:00:30 -0600

I’ve been critical of the Occupy Wall Street movement not for what it is, but for how it has been presented. [See, How to Clearly Articulate the Message from Occupy Wall Street, and Maybe OWS needs to become Occupy Main Street, March 14 and 15, 2012] It seems no one is speaking for OWS that has a clearly articulated message. The name itself implies the movement is meant to draw attention to those on Wall Street who use and abuse the privileges given to them by the American investment community and then turn the privilege to one of self enrichment beyond what the system was meant to be. I was in the airport in Atlanta when on the monitor came a news clip of George Clooney bringing attention the political situation in the Sudan with civil disobedience at the Sudanese Embassy. This is the type of clear message that brings positive attention to a cause. Here is one clip I found on YouTube, which comes closest to the one I heard in Atlanta. Mr. Clooney delivers a clear and succinct message of why he and the others are protesting. Hearing the message leaves no question with the listener about why Clooney is protesting.

]]>

If you’re going to protest then plan, meet, strategize about the sound bite and elect someone as a spokesperson who can clearly articulate the protest message. It bothers me to see anything being done poorly.

Who can OWS learn from?

Steve Lombardi — Fri, 16 Mar 2012 04:00:58 -0600

The OWS leadership can learn from some of the "radicals" who took a leadership role in the 60's and 70's. What those leaders did right was to clearly articulated a message about right and wrong. It’s all about the message and whether there is a speaker who can clearly convey the messages that people need and want to hear. Tell them what is wrong and who is to blame. We all know what they did to us. We know it's wrong. The guys on Wall Street and the Congress are all corrupted by the lure of power and money. No one is representing the people who pay the taxes and buy their products, services and ideas. We are for all practical purposes suckers of an establishment that views us as lemmings. We are sheep to be led to slaughter with a mounting federal debt and promises that will never be kept. The social security system is bankrupt; bankrupted by constant borrowing against it and phony Congressional accounting that borrowed the surplus to create the illusion federal deficits were lower than they were, are and will be.

A much clearer message can be articulated – just not without an intelligent and articulate leader who speaks for the truth.

]]>

William Kunstler – Disturbing the Universe: PBS

Abbie Hoffman – Short interview on the street in the 70’s.

Abbie Hoffman – 1968 Democratic Convention

Abbie Hoffman – 1968 – What’s your price?

How to Clearly Articulate the Message from Occupy Wall Street

Steve Lombardi — Thu, 15 Mar 2012 04:00:45 -0600

“To sin by silence when we should protest makes cowards out of men.”

Ella Wheeler Wilcox

Here is the message the OWS crowd is failing to clearly articulate to the public.

Why is no one being prosecuted for packaging and selling fraudulent financial products to the worlds' pension funds?
Why are the taxpayers paying for the fraudulent phony financial products that Wall Street re-packaged and sold as investable financial instruments?
Who are the elected officials that supported this fraud or turned a blind eye to it?
Who were the elected officials who supported a bail out for this fraud?
Why are no elected officials coming up with solutions for the trade deficit in this country?
Why is no public official drafting an energy policy for America?
Why are we still buying mid-East oil and supplying terrorists with funds?
Why are corporations allowed to donate unlimited sums to election campaigns?
Why did the taxpayers foot the bill for what the bondholders bought and profited including CEO's who were rewarded with millions in bonuses?
Why didn’t our Congress just allow the bonds to go into default?
Who is responsible for us being ripped off?
Who the F___ is actually running the asylum?

Plain and simple, Wall Street is a gate-way drug and we need to do as Nancy Reagan told us, "Just say no." Where are the people who are actually sick of this? Does anyone think this system can collapse? I do. As soon as our foreign creditors stop buying US T-Bills we are all in big trouble. Do you care?

Tomorrow who speaks for the American dream?

Maybe Occupy Wall Street needs to become Occupy Main Street

Steve Lombardi — Wed, 14 Mar 2012 04:00:46 -0600

People complain the OWS crowd are a bunch of slackers, but aren’t they just hippies with better clothes? Abbie Hoffman was never the most articulate, but then we had the likes of William Kunstler. Like Kunstler, Hoffman could not be bought; he had a clear and well articulated message that said something about honesty and the American way of life. Today, Wall Street's CEO's and private equity like Romney's Bain Capital take hundreds of millions in bonues or even dividends and then leave the country for a better life. For the sake of this country OWS needs to get it's act together.

OWS needs to use the tools it has available to it.

]]>William Kunstler – Disturbing the Universe: PBS

Abbie Hoffman – Short interview on the street in the 70’s.

Abbie Hoffman – 1968 Democratic Convention

Abbie Hoffman – 1968 – What’s your price?

Then ...

and Now.

OWS has the tools, just not the clearly articulated message. Tomorrow we will discuss the message.

Occupy Wall Streeter's in Des Moines Accused of Trespassing, Found Not Guilty

Steve Lombardi — Tue, 13 Mar 2012 04:00:10 -0600

This is actually kind of encouraging. The OWS protesters were charged with trespassing by the Polk County Attorney’s office and the jury didn't agree with the charges. This past week the jury came back with a not-guilty verdict. Are the juries finally understanding what's been going on? Maybe...

Occupy Des Moines protester prevails - Polk County jury finds Fallon not guilty of trespassing during Occupy Des Moines protest

I’ve been asking myself what is the difference between today’s protesters and those from the 60’s and 70’s. Why isn’t this movement picking up more traction? After all didn’t we just see the collapse of the financial sector? And wasn't it followed by the massive raiding of the federal treasury by corporate America? Is it capitalism on the way up but when it goes against Wall Street, it's socialism on the way down? Is it just going to be business as usual or will the voters starting getting really angry with the powers-that-be?

This week let’s look at the two different points of view; but first listen to the screaming talking heads who contribute to confusion which serves those in power and who want no solutions unless their pockets are getting lined. We need to stop marginalizing what the investment bankers did and the effect it’s had on our economy. I heard a radio talking head hang up on someone who wanted to argue politics rather than debate the issues. I was pleasantly surprised. She explained it this way: This radio show wants to bring light to the issues rather than heat. Perfect, someone is getting it.

Tomorrow I’ll ask more questions and address the problems as I see them, with the OWS movement. Until then, onward we march… towards the light and away from the distractions.

Selling Unapproved Viagra Draws Federal Sentence in Iowa

Steve Lombardi — Fri, 24 Feb 2012 04:00:38 -0600

This story from KCRG, they seem to have a lot of interesting stories this week, drew a two month sentence from U.S. District Judge Mark Bennett. What started out as a side business selling Viagra allegedly manufactured in India, lead to charges being filed in Iowa’s criminal system of justice.

“Kempema acknowledged selling more than 3,700 pills to 95 customers and agreed to forfeit $23,000, which is expected to go to drugmakers Pfizer Inc. and Eli Lilly and Co. and three customers.”

The legal concept is counterfeit medications. There are numerous articles discussing the problem. I'm not sure how a person can claim a lack of knowledge when selling drugs in this country since prescription drugs are dispensed exclusively by doctors with a medical license.

See Counterfeit Medications, Suspect charged with selling fake drugs and Men Accused of selling fake drugs in 2 Missoula cases.

See also the FDA’s The Possible Dangers of Buying Medicines over the Internet and Counterfeit Medicine.
The FBI Newark Division, Closter, New Jersey Couple Pleads Guilty to Selling Counterfeit Prescription Drugs Manufactured in India
FBI stories about Counterfeit Prescription Drugs - Link
Intellectual Property Spotlight, United States FBI’s Victoria A. Espinel
DEA Special Agents Crack Down on the sale of Counterfeit Drugs, US DEA
Public confidence in our pharmaceutical industry depends on what the FDA finds and approves. Do otherwise and you undermine public confidence. See Businessman Sentenced for Selling Fake Viagra.

Iowa Industrial Commissioner Sues Iowa's Governor Alleging Sexual Preference Discrimination

Steve Lombardi — Mon, 16 Jan 2012 04:03:43 -0600

Surely the hate mail over this lawsuit will drive the U.S. Postal Service into the black. This past week the gloves came off when the Iowa Industrial Commissioner (Chris Godfrey) personally sued Governor Terry Branstad (and others in his administration) for discrimination, defamation and harassment over the Governor’s reduction in Godfrey’s annual salary by nearly $36,000. It left me wondering how any of this serves the people of Iowa.

The Govna wanted Godfrey to resign claiming inter alia that Godfrey's actions were getting in the way of job creation in Iowa. Essentially the claim is that he wasn’t doing a good job; a claim which is seriously flawed to the point of being frivolous. (On this point you need only read how the Iowa Economic Development Authority sells this state to the business community.) Iowa’s workers’ compensation program is heralded as one of the best run programs in the country. Godfrey’s suit says if I am doing a good job what else is left but a right-wing attack on my sexual preferences?

"Iowa’s workers’ compensation costs are among the nation’s lowest. The average cost of workers’ compensation insurance for manufacturers in Iowa is 16 percent lower than the national average. Iowa law provides for employer choice of doctor." (Actuarial and Technical Solutions, 2009) - quote from Iowa Economic Development Authority, Iowa's Business Advantages LINK

I'm not sure in Iowa I've seen this level of dirty politics being played with the Iowa Industrial Commissioner position. As someone who is a registered Republican and who has practiced before the commission for over 30 years I have to say Chris Godfrey is doing an excellent job. His decisions find balance and frankly the Commission under his administration hasn't favored the injured workers. There is a balance struck that favors no one side. He sticks to the law. His decisions are as fair to the employers as they are to the injured workers. The facts seem to dictate the outcome and if I had to pick a side I'd say the Commission favors the employers. So come on Govna what the heck are you doing?

]]>Beyond the personal attack on Godfrey there is a more important issue at stake here. The industrial commissioner's position was not supposed to be an appointment where a newly elected Governor got to play political football with the appointment. The term of the industrial commission was purposefully set and staggered in a way that a newly elected Governor could not simply remove him/her. When workers are out of work due to being injured they depend on the weekly benefits to put food on the table. Predictability of how the law looks at their claims was considered a hell of a lot more important than a politician's ability to play politics with the agency's decision makers. The Governors were not supposed to make this position one of term politics. But that's exactly what Governor Branstad is trying to do. Will this same thing happen when the Democrats get elected. This is bad politics and bad public policy that in the past 30 years we've been able to avoid, until now. In essence what Governor Branstad is trying to do has more serious consequences than he or his administration realize or perhaps care about. But I do because my clients are those injured workers with family's at home to feed.

So who can hear their bank account going ka-ching?

According to the Des Moines Register’s Blog the State of Iowa is paying lawyers $325 per hour to defend the Governor’s actions. Wow George how does one get that kind of coin? According to the Register blog George LaMarca agreed to reduce his hourly rate to $210 per hour and to charge only $75 an hour for legal clerks. Most of Iowa’s downtown defense legal community will be thinking, “Where do I sign up for this gig?” But this isn’t the first time; according to the Register’s blog the Govna hired the Nyemaster Law Firm at $275 an hour to defend him back in September. For a guy that hates lawyers he sure seems to need them quite often. Both are excellent firms and of course Roxanne is no push-over when it comes to civil litigation that gets downright uncivil. See Rush Niget on the Microsoft litigation of which Roxanne Conlin was lead counsel.

What is a citizen to do while the political left and right waste our tax dollars?

You can sit on the sidelines and ignore the shenanigans or else you can publicly speak up. For me the future for my children and grandchildren is more important than just accepting the wasting of government resources to tell people who they can and can't sleep with or love. Frankly that's their business. For me it's more important to speak up than to allow the egos of politicians, left or right, to use the government for their own personal beliefs.

My suggestions:

The two of you knock it off.
The Govna immediately and retroactively reinstate Godfrey’s pay.
The Govna publicly apologize to Godfrey.
Godfrey dismisses his lawsuit.
The Govna knocks off the personal animosity towards Godfrey so the people of Iowa can be served in a way that advances the image of the people of this state and improves the business climate along with creating jobs; rather than chasing them out of this state.
We tell George "thanks but no thanks." and we all save a bunch of money, a lot more than dismissing Godfrey would ever save.

Just my two cents.

RESOURCES

Godfrey vs Branstad State Appeal Board Claim Form
Godfrey vs Branstad Tort Claims Against State Employees
Godfrey vs Branstad Petition at Law and Jury Demand
Godfrey vs Branstad Tort Claims Against the State
Iowa Economic Development on the Iowa Workers' Compensation Commissioner's Job Rating
Office of the Governor of Iowa
Follow the Govna on Twitter or on Facebook
Iowa Industrial Commission Website
Iowa Advocate
Huffington Post – Iowa Governor slapped With $1 Million Discrimination Lawsuit By Openly Gay Commissioner
Historical Suicide - Disgracing Your Family's Reputation by Opposing Gay Marriage, Posted by Steve Lombardi on April 26, 2011

Is that airbag problem a manufacturing defect, evidence of a theft or just shoddy repair work?

Steve Lombardi — Tue, 10 Jan 2012 06:50:23 -0600

Question: Do I have a case against the car manufacturer for airbags that did not deploy? I was in a accident where my vehicle was struck in the rear, my passenger side air bag deployed and the driver’s side air bag did not. I had nothing sitting in the seat on the passenger side of the vehicle. I was going 60 MPH when I was struck by a vehicle going 95+. My vehicle then struck the dividing barrier on the driver’s side. (Referring to 2nd generation air bags)

]]>Answer: Whether or not you have a claim against the manufacturer of the car can't be answered with the amount of information provided. Air bags in older cars that have been involved in accidents may not have been installed properly after an accident. Has your car ever been in an accident? If so your complaint isn't with the manufacturer but with the body shop that reinstalled the bag. Did you know some body shops make a quick grand by not reinstalling the airbags even though the insurance pays them to do so. It's called fraud. Has your car ever been broken into or vandalized? Perhaps the thieves stole the airbag components? Apparently there are valuable components that thieves target. My point is that a claim against the manufacturer for a failure of airbags to deploy isn't as easily proven as it may first appear.

New Study: Bankers Cheat Twice as much as Politicians do, but Bureaucrats are four times as dumb

Steve Lombardi — Wed, 30 Nov 2011 08:18:39 -0600

While banksters cheat more than lying politicians ... government bureacrats come in close third. I'm telling you the truth. Really I am, after all I'm a liar, I mean a lawyer. Here watch this video and then let's get onto today's topic of bureacratic gobbligoop.

Cedar Rapids, Iowa Civil Rights Commission has decided to force it's citizens to do what used to be what the Mob did. Hey who said we exist; there is no Mob. Deny, deny, deny and it soon becomes the new reality. The Cedar Rapid's Civil Rights Commission wants to outlaw realtors and other businesses from asking for the source of income from would-be borrowers and those renting or buying real estate. They want source of income to be a protected class. Have we gone mad? These government bureaucrats need a real job, and some experience running real businesses with money at risk.

Is this another Catch 22?

]]>This is insanity; fire them all before they do more damage. If the landlord accepts money from drug dealers or from an illegal enterprise or allows illegal activity to go on at the property the federal and state governments can seize the property. How can you know where the money is coming from if you aren't allowed to ask for a source of income? This is total bureaucratic nonsense of the lowest order.

IT'S A CATCH 22

What about the landlords’ liability for tenants who engaged in a marijuana enterprise or drug dealing. How can you base forfeiture on facts for doing what the law tells you, you can't ask questions about? Is this the Soviet Union?

How is any business not asking for income sources any different than the liar's loan for a home mortgage. Think I'm crazy? Consider this. Here is how the liar's loan works. The borrower comes into the bank and the banker doesn't ask for proof of income and sources of income. So the local drug dealers knowing no one will ask for a source of income decide there is less risk of a long prison sentence for mortgage fraud than for dealing crack. They walk into the bank, fill out the application, and then borrow $1.25 million to buy a one million dollar home; Walk away from the closing with a quarter million dollars in their pocket. They have no intention of making any mortgage payments which would have been obvious if anyone had bothered to ask for proof of income; the drug dealers think, what the hell if the system is this stupid then why not? The bankers meanwhile within two hours of the loan closing (knowing this is a bad idea in the first place) sell the loan to Wall Street investment bankers that package the loan with other liar loans and sell them to pension funds and other institutional investors after having them rerated as anything other than junk. If (when) the deals go bad the investment bankers and pension funds run to Congress and get bailed out screaming we are too big to fail. If you let us fail the system will collapse. Congressmen who are in bed with the banksters nod and open up our checkbook. (aka, The U.S. Treasury)

Isn't this what organized crime does? When you’re a part of organized crime you don't ask questions. You just pay up the ladder knowing this organization is too big to fail. Tell me this government is for the people and by the people. If so what people?

This is total nonsense of our government gone off the deep end of insanity.

No wonder they want to put this guy in jail for publishing what the politicians write and say about us and each other. The end is nigh.

The Cow Jumped Over The Moon

Steve Lombardi — Mon, 07 Nov 2011 04:00:05 -0600

My office mate and I recently litigated and successfully settled a cow-in-the-road case in southern Iowa. The facts are as simple as a black cow weighing 1,000 pounds out on a county road after dark where there are no lights doesn't show up in your headlights until it's too late to stop. In that case the driver's wife died. The driver was a family doctor and we thought that would help him in the community with farmers who admired his dedication to Iowa families. Think again. No one in the community came forward to admit ownership of the cow.

We thought proving ownership of the cow would be as easy as someone being honest and coming forward to admit ownership. But that's not how it's working in rural Iowa. Honesty about ownership is one concept you are not likely to find.

These are tough cases to prove as to who owned the cow. Ownership is extremely important and that means the lawyers need to be involved as quickly as possible.

Did law enforcement help? The Sheriff's are elected officials who look only so far probably not wanting to anger any of the locals. Not proving ownership in some ways gets them re elected. Law enforcement's paperwork on past instances where cows got out is in most instances, Sorry Charlie it's not available. The Sheriff's offices are little or no help.

Local knowledge washes away with the filing of a lawsuit. If there is no lawsuit every farmer will know who’s cows regularly get out onto the highway and who has lousy fences. File suit and it’s like you are on another planet. Everyone has amnesia. The locals go mute because they are for the most part deaf, dumb and half blind.

]]>Does branding help? Not much. Many cows are identified by ear tags that all farmers use. The numbering system is antiquated, non-descript, confusing, non-sequential and intended to leave room for denying ownership – should that become convenient.

Yet everyone knows how many cows they own, where they are and I'm sure someone took a tax-write-off for a dead cow. Still no one is missing a cow.

What about tax write-offs for death and depreciation schedules? You'd be surprised how many floods rural Iowa has and how many farmers keep their tax returns in locations in the house that flood. File one of these suits and you'll soon see the flooding in Iowa’s farm basements is Biblical. Noah must be living in the basements of Iowa's farms.

Anytime you read of such a case and either know the family involved or the family comes to you for advice DO NOT SIT ON THE CASE. If you don't know what to do get someone involved that does and do it quickly. If you really don't understand the case law or proof problems refer the case and move on with your practice. Like I said the proof problems are extremely difficult and the paper trails are for the most part in the hands of farmers who don't give them up very easily.

I’ll bet if I was rustling cattle everyone would know whose cow it is that I stole. Moooooo...

The local Sheriff, a farmer and their tax preparer. Iowa's best and brightest. Do as I say not as I do.

Top Ten Reasons by Mountaineers For Not Giving Back the Engagement Ring

Steve Lombardi — Thu, 13 Oct 2011 05:32:35 -0600

I went trekking, the wind picked up and it’s still in my sleeping bag at 16,000 feet somewhere over China.
I was suffering from hypoxia and lost it somewhere on the mountain while attempting to summit Mt. Everest.
It fell into a squat toilet in Phakding, but I’m happy to tell you where to get another.
Out of gratitude, I gave it to the Sherpa that saved my life.
Out of necessity, I needed money for food in Kathmandu and sold it for 10,000 Rupees.
Out of the kindness of your heart, I donated it to an orphanage in Tanzania, Africa.
Just because they could, a Russian soldier took it from me while heading to Mt. Elbrus in Russia.
Due to sovereign debt problems beyond my control, the Communist government in Argentina took it from me when entering the country as I headed to Aconcagua.
Out of luck, I was living with the Maasai for a week while walking across Kenya and it went missing one night.
Out of Africa - You’ll never believe what happened to me as I was on a walking safari between villages… I was outrunning a hippo when suddenly I fell, the ring came off and the rest is history. I can give you the GPS coordinates if you’d like.

]]>To see other articles on this subject visit us at the Lombardi Law Firm:

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To sell the engagement rings after the breakup go to this linked site.

After the break up why should I give back the engagement ring?

Steve Lombardi — Tue, 11 Oct 2011 05:09:33 -0600

This week I received another call about an engagement ring dispute. He bought the ring, spend nearly two thousand dollars for it, they broke up and she moved out of state. He’s been trying to get the ring returned, but she’s refusing. I’m guessing she’s enjoying making his life just a little bit miserable. As my mother is fond of saying, “Steve, misery loves company.” Yes Mom it does.

So what is this guy supposed to do about getting his ring returned? I told him to sue her in small claims court in Iowa and force to either come back or else obtain a judgment against her. If I were her I’d just hand it back to him because there will be a day in the future when she has another BF and this is going to come back to haunt her. It won’t look good and sends the wrong message. So why should she give the ring back? Here is a starting point.

]]>

To show that you’re a bigger person.

Because keeping it is dwelling on the negatives in your life and that’s not healthy.

Because dating someone else and having to explain why you have a diamond from someone else, creates and awkward situation.

How about because it’s good therapy to just get over it.

Because if you don’t you’re going to get sued by your ex.

Because your heart won’t mend by keeping it.

Because it was too small to begin with.

Because the law requires you to return it.

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To sell the engagement rings after the breakup go to this linked site.

Oops Moment - Iowa store contest challenges employees to name next employee to be fired

Steve Lombardi — Thu, 06 Oct 2011 05:05:33 -0600

Some days we look back at what we did and wonder why we didn't see how dumb it would look in retrospect. Here are a few recent examples.

An Iowa convenience store chain manager created a contest for employees. The employees were asked to name the next co-worker to be fired. An Iowa judge called the contest deplorable. This mis-manager may need a time out. There is no indication if anyone picked themselves.

The imaginary-baby adoption lady is said to have violated probation and in trouble again.

The Iowa Supreme Court puts down its foot with police monitoring of attorney “confidential” visits with arrestees. Private and confidential means just that – private and confidential. You mean that video recorder and making the lawyer scream at his client through Plexiglas makes that impossible? See Barney Fife being told to go to jail, do not pass go, just go straight to jail.

Nip it in the bud Barney. Here is an actual scene from the Ankeny Police Department video interrogation.

http://youtu.be/sL9TunUh_bw

If only they understood The Cobra method of interrogation.

Trust me, I can't make this stuff up. My imagination doesn't work this well.

Sir, would you like a large fry with that lawsuit?

Steve Lombardi — Mon, 03 Oct 2011 05:00:39 -0600

There are times when as a personal injury lawyer who does a lot of car, truck, motorcycle accidents along with workers’ compensation claims I am completely baffled. This week I got a call from an out-of-state resident who visited Iowa and was injured at a hotel. The matter was a trip-fall type of claim. We lawyers refer to them as premise liability cases. Premise liability is a difficult case to prove, you really need an artificial defect in the property to win these cases. By artificial defect I mean something created by the owner, the lessee or the business that increased the risk of injury.

A snowy or icy condition in Iowa during the month of January in the first minutes of a storm isn’t in and of itself going to get anyone excited about your case. On the other hand if the shop owner has allowed snow and ice to accumulate for a week without walking outside and shoveling it, that might get someone interested in your case.

]]>On the other hand twenty minutes into the snow storm, you fall, it’s a loser. Does that make sense to you? It should, just think like a property owner - and a juror.

But have the building owner drain melting snow and ice across the walk to the entranceway door and you are now talking about an artificial condition that increases the risk of injury to customers. That’s a winner, but the 20” into the snow storm case isn’t. You get my drift. (Ooo bad pun.)

So when a potential client phones a lawyer saying they tripped on something, then fell and injured themselves, but has no photographs of the condition and frankly have no clue about why they tripped – that case is going nowhere fast. That’s not a case we can take and it’s certainly not a case you can win. It won’t end up on my docket.

Before you call the lawyer ask yourself this question: What did I trip or slip on and is it an artificial condition that increased the risk of injury?

And one more thing, don’t believe for a second that your case won’t be characterized by the insurance adjuster and the business owner as frivolous. Because it will be. There seems to be a huge disconnect between our clients thinking somehow the laws they voted for won’t be used against them because their case is - drum roll please - not frivolous. To the insurance industry your claim no matter what the facts is frivolous. Trust me you’re no different than the guy you characterized as having a frivolous lawsuit. So don’t assume for a second that you will be treated differently than other people – in this there is a huge disconnect.

So this week's call had this as a part of the discussion. I asked what made the woman fall and he said, "What difference should it make what made her fall?"

Are you kidding me? Do unto others my friends, as you would have them do unto you.

This is our challenge - how do you argue the Golden Rule, without arguing it? Or how do we change the Supreme Courts mind about being able to argue the Golden Rule?

You are all part of the McDonald’s Coffee Case Syndrome. Get used to it. Now can I Supersize that lawsuit sir?

Where Sperm, Science and In Vitro meet the Social In$ecurity Act

Steve Lombardi — Sun, 04 Sep 2011 07:00:10 -0600

A Man Need Not Apply

A few years ago I wrote a post about the social security benefits case involving a child born by in-vitro fertilization following the father’s untimely death. Apparently the father died of cancer, but before dying they froze his sperm and after his death the mother of the child was inseminated, gave birth and thereafter filed with the Social Security Administration for dependent death benefits. The legal question involved whether the child was ever dependent on the father. The answer at this point in the litigation from the U.S. Court of Appeals is no.

Does In Vitro Fertilization Make Social Security Benefits The Simplest Investment, Lombardi, December 7, 2009

]]>We Need Social Security Act Reform not Tort Reform - The new law in Iowa makes the Beeler decision moot.

The legal challenge has to do with an Iowa law making children born out of wedlock illegitimate. In May Governor Branstad signed into law a bill named the Posthumous Conception Bill intending to establish legal legitimacy and inheritance rights for children born out of wedlock. But how does Governor Branstad square away his signing the law and not seeing the irony of Brien vs Varner and the entire defense of family debate?

The Spin Doctor – The Globe Gazette link – The National Law Review Link

And as a taxpayer who knows that SS benefits are essentially bankrupt, why should people who use science to conceive expect the rest of us to pay SS benefits for the next 18 years? This must be the most lucrative participation trophy yet conceived by man and woman. This is supposed to be a retirement subsistence plan. Nothing more and nothing less – the Congress corrupted the Act many years ago as a way to avoid having to deal with financial issues of the disabled. The SSA can’t be everything to everyone. It just can’t. But that’s what this is about – I showed up therefore I expect a trophy. The fact I showed up must mean I’m a winner. It’s more make-believe. This has nothing to do with reality and everything to do with teaching and being irresponsible.

Social Security Benefits vs In Vitro Square Off Before the 8^th Circuit

U.S. Court of Appeals for the 8^th Circuit opinion of August 29, 2011 by Circuit Judge Colloton.

Beeler vs Astrue, Social Security Commissioner, No. 10-1092 – U.S. Court of Appeals link and on the Lombardi Law Firm site link.

The Social Security Act authorizes the payment of benefits to the dependent children of deceased workers. This case requires us to determine whether a child conceived through artificial insemination more than a year after her father’s death qualifies for benefits under the Act. The Commissioner of the Social Security Administration (“SSA”) interprets the Act to provide that a natural child of the decedent is not entitled to benefits unless she has inheritance rights under state law or can satisfy certain additional statutory requirements. We conclude that the Commissioner’s interpretation is, at a minimum, reasonable and entitled to deference, and that the relevant state law does not entitle the applicant in this case to benefits.

We therefore reverse the district court’s contrary judgment.

Like Rome, when it comes to MMA Fighting, Iowa is a four-letter word

Steve Lombardi — Tue, 02 Aug 2011 04:00:10 -0600

Iowa's Version of MMA Tort-Reform Was A Recipe for Disaster

“No thought was given to the human cost of unregulated MMA.”

That statement comes from “The Underground”, the MMA Warehouse in an article Sherdog wrote as Part II of Zach Kirk’s fight and his being paralyzed for life.

Here is the real disgrace.

In days, Kirk went bankrupt. The rest of Kirk’s medical care costs -- hundreds of thousands of dollars -- was paid for by the citizens of Iowa.

This is what you get when farmers turn legislators and think they know law and can assess legal risk. Like lawyers trying to plant a straight row of crops, farmers’ legislating makes for a lousy result. Deciding what corn to plant isn't the same as analyzing the legal principles and making sensible public policy. No lawyer in his right mind would have voted to deregulate MMA fighting. Boxing I understand, MMA I do not get. It's nothing more than what Romans did with lions fighting slaves. What's attracting young men to the sport is the lack of regimented training and the promise of big money. Regulations and fighter protections are not just necessary for the fighters but also for the taxpayers who end up footing the bill when fighters through fighting become seriously, permanently and totally disabled.

Like I said, I'm not planting corn any time soon. But put me on the Boxing Commission and I'll protect the Iowa tax dollars.

Spectators sometimes became part of the Coliseum show -

Although the typical Coliseum of Rome combatants were trained gladiators, convicted criminals and prisoners of war, occasionally glory-seeking individuals volunteered to fight. Often they overrated their skills and suffered the consequences.

]]>

The only possible winner was the promoter. In a situation analogous to the national economic crisis occurring at the same time, the profits associated with amateur MMA were privatized -- kept by the promoter -- while the financial costs of those risks were borne by the taxpayers.

Tort reformers aren’t reforming torts for the good; they are reforming tort law to line their own pockets while shifting the liability of all financial risk to the taxpayers. MMA fighting, unlike classic boxing is brutal. There are few protections and the fans control the bout not the referee. The allowance of MMA fighting is barbaric to say the least. Just ask Zack Kirk, who, according to this article, is now paralyzed and dependent upon the taxpayers for what he can get to eke out a subsistence living.

I see the Iowa Labor Commissioner issued two cease and desist orders regarding two MMA events. Good for the Labor Commissioner. At last someone with common sense. As for farmer legislators I’ll make you a promise, you stay out of the halls of government and I’ll not plant field corn.

2/25/2011

Contact:

Kerry Koonce

For Immediate Release: February 25, 2011
Contact: Kerry Koonce
Telephone: (515) 281-9646

Printer Friendly PDF Version

Iowa Labor Commissioner Orders Cease and Desist Action Against Two Mixed Martial Arts Events
Organizations Failed to Comply with Iowa Law

DES MOINES – The Iowa Labor/Athletic Commissioner is issuing a cease and desist order against the Xtreme Fighting Championship 7 events scheduled for Friday night in Iowa City at the Wildwood Smokehouse and Saloon and Saturday night at Steamboat Rock Schoolhouse in Steamboat Rock, Iowa.

Iowa’s Mixed Martial Arts laws changed July 1st requiring promoters to submit fighter blood work, show proof of medical insurance, submit fighter contracts and ensure that all fighters, professional or amateur, are 18 years of age or older. The event promoter, Travis Fulton, has failed to license and bond his events with the State of Iowa.

“The laws surrounding mixed martial arts fights are there to protect everyone involved,” stated Iowa Labor Commissioner David Neil. “The licenses, bonds and medical certifications ensure that fighters are in condition before the match and the required health insurance prevents Iowans from picking up the bill for medical expenses when fighters frequently end up in the emergency room following a match.”

Iowa issued nearly 140 fight licenses in 2010 and most promoters work cooperatively with the department and follow the laws to ensure that all safety and health measures are intact. The few promoters who consistently try to skirt Iowa’s laws present an unprofessional image that affects everyone involved in the sport.

Promoters who hold fights in violation of Iowa’s Mixed Martial Arts laws are subject to a $10,000 administrative fine and a criminal conviction of a serious misdemeanor.

http://www.iowaworkforce.org/news/XcNewsPlus.asp?cmd=view&articleid=868

For more on this subject read:

Fistic Medicine: The Zach Kirk Saga Part 1
Fistic Medicine: The Zach Kirk Saga Part 2
Ultimate fighting in Iowa spotlight
Iowa Fighter Paralyzed After MMA – Fight, Donations Currently Being Accepted.
Iowa Fighter Zach Kirk Suffers Broken Neck, Paralyzed During Fight
Paralyzed Iowa Fighter Works To Walk Again – KCCI Video Clip
MMA Fighter Fights For Recovery – Submissions 101

Iowa's AFSCME Has Credibility Problems

Steve Lombardi — Wed, 27 Jul 2011 04:01:24 -0600

Timing is everything so when AFSCME waits to voice concerns over staff size in the prison system, until after people start talking about taking away the right for government workers to use collective bargaining it doesn’t resonate well with the taxpayers. Calling staffing shortages that they claim exist, a “crisis situation” seems like just another example of the boy who cried wolf. It’s just one more example of there being no difference between the Republican and Democratic Parties in this country. Both have a common objective, how to continue to fleece the taxpayers.

Frankly if you don’t want the job you have, then quit. Let someone who does want to work have a shot at getting the job. I’m sure there are those who’s hunger would overcome what you say is a crisis situation. Why suddenly is it a crisis, but it wasn't a year ago?

If AFSCME wishes to help the situation they need only answer one question: Where is the money going to come from? Answer that question and people will begin to view your point of view as positive. Continue along the path of trying to simply stir fear and you’ll be seen only just one more problem the taxpayers can all do without.

How do members of Congress leave office so wealthy? I have to wonder. Steering government contracts to friendly companies where members of Congress have bought call options. It ought to be illegal for member of Congress to purchase stock options. That's the real insider trading that no one is talking about.

Are lawyers being taken with marketing hoopla?

Steve Lombardi — Wed, 22 Jun 2011 05:00:55 -0600

I’ve been gone over a month and a half. I needed the break from writing, blogging and complaining about the practice of law. So I took it. Yada-yada-yada... Someday I’ll discuss the reasons but not right now; just too many things hitting me too close together in time. One of the issues you can read about here and here. So realizing I needed a break, I took one. I’m still not back completely emotionally from all of this and there is no way I’m writing like I was, but for now let’s see how it goes. Today I want to talk about legal marketing. So hang in there while I work on my gripe meter and hopefully get back in shape.

Let's have Miley Cyrus help us today on the beaches of Tybee Island.

]]>I read something from a law firm marketing firm last night and it brought to mind a question. Are all these legal marketing guys in bed together assembling as many legal sheepeople as they can to jump onboard so they can pump up their numbers and hopefully sell the next Internet digital IPO?

If you listen and believe in the holy Grail of legal marketing you need LinkedIn + FaceBook + AVEO (or whatever it's called) + Twitter or else you're just missing out on all the digital chatter boxes who may in the future need your services. The content on most of these sites is pure garbage. The content amounts to nothing more than noise that pollutes the digital airways, but is supposed make you feel important; it’s said that it makes your site important b/c it's the noise that counts. But really it only counts towards the numbers the owner of the website needs to justify the next IPO crapshoot.

This reminds me of 2007 and commercial real estate. My warning to the commercial realtors applies equally to lawyers and Internet carpetbaggers. The most important asset we have working for us is our credibility. Credibility with the general public equates to trust. The commercial realtors and brokers gambled theirs away selling a dream that never existed to unsuspecting people. The stockbrokers made and are remaking the same mistake with trust. Internet marketing carpetbaggers are jumping on board, first with Y2K and now with digital media that will glow red hot only to die a quick and painful death. If it’s not making money it’s simply not a business. What kind of business can survive in a capitalist society that simply loses money?

Like value investors the most important asset you own is your reputation. Because when trust your "client" or "customer" has in you goes, it takes a long time for them to forget the distrust they felt when it all blew up in their face.