Showing posts with label civil. Show all posts
Showing posts with label civil. Show all posts

Aug 9, 2011

The Supreme Court of Florida Turk Ford for massive fraud and civil bamshft

The Supreme Court of Florida Turk Ford for massive fraud and civil bamshft

Last month, a judge at Central Florida took an extreme step of lmpla the verdict of the judges in the case against Ford company. Ford won the trial, but the judge found Ford committed fraud throughout the sentence been misled the jury, the verdict.

The case involved a woman who is being sued Ford after his wife was paralyzed in a car accident. They claimed that ??????? was caused by a sudden acceleration of their minivan Ford caused by a design flaw of cruise control in the minivan. Ford, however, claimed that the cruise control was confident that the accident should have been caused by driver error. After a four-week, the jury found in favor of Ford.

This typically would end the dispute. Judges trying identify jury decide the facts, usually don't second guess their decisions. In this case was the exception. Decision exception, thoroughly documented, judge exit multiple and calculated acts of fraud committed by Ford. Among the findings of the judge:

1) Ford was warned interference electromagnetism could cause cruise control to malfunction by one of the engineers in the mid-1970s. Ford ignored these warnings, take measures available to protect against the risk.

2) during the trial, claimed that Government-funded research Ford supported its claim that the sudden acceleration not caused any design flaw. This research is to reach a conclusion-but only because Ford had misled editors also research. The judge found ????? Save internal reports and studies in ??????? them into reaching a conclusion.

3) Ford instituted a policy of destroying the sudden acceleration of vehicles in her reports after one year, although Government regulations require documents relating to the safety of the vehicle is retained for five years. Clearing these reports from the relevant information about sudden acceleration cases being discovered.

4) Ford claimed lab tests have shown electronic components involved in cruise control to fail. However, these tests were done only when the electronic components were taken out of the vehicle. This isolates the components of the other vehicle which can cause electromagnetic interference in first place. Therefore, while Ford's statement was technically accurate, was completely misleading because lab tests failed to simulate actual driving conditions.

5) on the supreme irony, of lawyers Ford during the trial that lawyers for the husband and wife were from Ford's test results. The judge found that personal attack was justified, "sullied the entire proceedings."

Decision of Judge Mayer light on what lawyers known for years: corporate defendants sometimes hide evidence and behave badly. Temptation to hide evidence especially large corruption cases, where the company product and could face expensive if their product retrieval is damaged. We hope the decision of judge deters companies scathing large practice fraud hiding in future cases.

The case is Stimpson v. Ford company. The judge was William Swigert, decision dated 20 July 2011.

Aug 1, 2011

The Balearic Islands reiterated its rejection of the proposal to limit the access of citizens to review judicial decisions in the field of civil and administrative litigation

? Proposal for a summary of the procedural agilizaci n, now in tr mite parliamentary rule out the possibility of appeal sentences apelaci n in verbal by once n Center cuant a (less than 6000 euro) yesterday, much of the debate comes from the round table reducci n La of litigiousness in mercantil mbito held within the framework of the Conference on reducci n litigiousness, new features of the judicial and mediaci n Direcci n General, organized for the Balearic Islands justice and held d as 28 and 29 March at the headquarters of the College of lawyers in the Balearic Islands.
AS, and, although the Magistrates judge from the commercial n mero 1 Palma .ctor Fern ndez, V, and defend these measures in order to reduce the litigiousness in courts no way affects the right to effective judicial protection (opinion n fully coincides with that expressed in inauguraci n by Minister of Justice and Vice President of the General Council of the judiciary) lawyer Otto Cameselle was agreed with the opinion already expressed by n abogac and the Balearic Islands within the meaning of the proposal significantly limits the ability ofYou now want citizens to claim revisi n judgments.
In this connection, it should be recalled that the last d-11 March, the Government of the illustrious College of lawyers in the Balearic Islands took p blico statement expressing its rejection of the draft law in certain measures, which include, adem s with the above, the increased 430% m nimas cuant as per interposici n casaci n in mbitos civil and administrative resources.
In this release of collegial Government considered rgano adem s, which impose a fee for anyone who wants to przed?u?y?oby in civil court order, or applies to actions, who lost a trial against the administrative charges shall the coasts of the judgment, in all cases (currently imposed with exceptional car cter assumptions in bad faith of the applicant) are under an approach that discourage people, especially those with fewer resources, econ micos go to justice to defend youwho believe only.
In the view ICAIB privar second instance who believe they are less than 6000 euro both es as to assume that never shall be equivocan.
From the divergence of views shown on it during the d as two days he sit and the consensus then the other proposals made during the days, such as the need to extend to a whole new tecnolog as the structure of the judicial system or established momentum mediaci n and conciliaci ° n, such as effective an old m todos and resoluci n conflicts which help r pidos, effectively reducing the incomes of disputes before the courts.

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