Phillip Miller & Associates

Insurance Companies will use video surveillance to harass people who have legitimate claims, this report by Good Morning America exposes how an insurance company used surveillance tapes to unfairly terminate benefits.

Labels: disability Insurance claims insurance companies video surveillance workers compensation

9/11/2009
Phillip Miller
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9/11 is still a Time to remember

I was in New York City on 9/11/2001 working on a case. After the towers came down, it was a week before I could get off the island and home. It was an interesting, scary time but the people of New York City never lost their focus or sense of humanity. It was a privilege to have been there with them.

Recently (May 2009) I was working on another case in Manhattan and stayed at the Hilton directly across the street from the site of the former World Trade Center. I took this photo to show the construction that is going on. It doesn't look like much but it is an incredibly complex project with work going on at multiple levels.

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8/19/2009
John Logan
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Funeral set for Nashville rider, killed en route to National Biker Round Up

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August 13, 6:55 PM

Nashville Motorcycle Lifestyles Examiner

Toni Mitchell

Pictured are Preston Shaw (L) and Chris Price. Both were
members of the Nashville Steel Horsemen MC and best
friends. Price died on his motorcycle on his way to Round Up.

Chris Price was anything but ordinary.
He lived his life to the fullest friends say.
He loved life; he loved his family; and he was passionate about his two tricked out Harley Davidsons.

So, on a beautiful sunny morning, Price, on one of his beloved machines, along with fellow members of his Nashville Steel Horsemen motorcycle club, cruised down I-75 South towards the National Biker Round Up in Atlanta, GA.

The 36-year-old father of four would never arrive.

Price lost control of his candy apple red 2004 Harley Davidson Road King - striking a guard rail.
The former Middle Tennessee State University baseball stand out and one-time professional baseball player was life-flighted to an area hospital, where he was pronounced dead.

Now, friends and family are left mourning the loss of a man who had everything going for him.
“Chris was very well liked and very well loved,” said Preston Shaw, best friend and fellow rider. “He was a good guy. He excelled everywhere he went. He died the way he lived - pushing the envelope. He was a winner.”

Visitation for Price, who resided in Lebanon, TN., located approximately 30 miles from Nashville, is Friday, Aug. 14. It will be at the College Hills Church of Christ , located at 1401 Leeville Pike in Lebanon, from 6-8 p.m.
Price’s funeral is set for Saturday, Aug. 15, with visitation at the church at 10 a.m. and the funeral to follow at 11 a.m. Burial will be at the Wilson County Memorial Gardens.

“He joined our (motorcycle) club in 2003,” said Shaw. “I talked to him more than my wife. I am going to miss him big time.”

Price, who was also a member of the Alpha Phi Alpha fraternity, was a man on the move.
He was a pharmaceutical salesman, built houses and established a reputation as one of the premier talents on custom Harleys.

“Chris changed the bike set himself,” said Shaw. “Most of the Harleys these guys ride, almost all of the parts are off Chris’s bike or they have imitated him. It’s amazing. Everybody waits to see what he would do next.”

Price owned two Harley Davidson show bikes. One known as “Da Star” and the other called “Da King.” He showcased those bikes throughout the bike show circuit and won a number of Best of Show awards.
“Everybody loved his bikes,” said Shaw.

Price was riding “Da King,” when he wrecked. According to Shaw, his friend had accelerated with another fellow rider when he lost control.
“His handle bars really weren’t made for high speed,” said Shaw. “He decided to accelerate a little bit and it went into a high speed wobble. His hands were way up in the air. When he came off the bike, he slid into the guard rail posts.”

Price’s other beloved show bike “Da Star” will be pulled during the funeral procession. It won’t be ridden as custom in honoring a fallen rider.

Riders wanting to participate in the ride on Saturday, will need to meet at the Steel Horsemen Lounge, located at 2700 Tucker Rd. in Nashville at 7 a.m. Kickstands are up at 7:30 a.m., where bikers will ride over to the Price family home and then onto the church.

“He loved his family. He loved his club,” said Shaw, who will be singing at Price’s funeral.
“You could count on him to be there - whatever is asked. He would give of his time and his money if need be. He was a leader.”

Shaw is asking all those who knew Price to meet on Friday night at the Music City Rush, a sports bar that Price part-owned. It’s located inside the Days Inn on North First Street.
“We are encouraging his baseball friends, his frat to come to the bar and mix and mingle. He had all these different friends from different genres.

“Also, Saturday after the funeral, all the bikers are encouraged to go to the L-Town Riders club house for a couple of hours and meet back at the Steel Horsemen to have dinner and to celebrate his life," said Shaw.

Shaw said his friend will be best remembered for his dedication to his family . “He loved his family. He was all about his wife (Marsha), his girls (Frankie, Morgan and Kristin) and his son (Trey).”

Labels: bikers motorcycle death

8/8/2009
Phillip Miller
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Insurance

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7/9/2009
John Logan
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4/30/2009
Phillip Miller
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Dole Bankrolled Murders by Right Wing Death Squads

Right wing death squads in Columbia have killed thousands. Often the victims were attempting to organize workers on banana plantations owned by U.S. based companies. Even though these death squads were designated as terrorist organizations since 2001, they received millions of dollars from U.S. companies that had banana plantations in Columbia. Some of the death squad leaders say that they received as much as 40% of their money from Dole, and have admitted that they were often called by plantation managers when there was a labor problem. For more information, click here.

Labels: chiquita columbia death squads dole

4/29/2009
Phillip Miller
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Arthur Anderson Finally Pays Up on Enron Claims

Enron which supposedly had a market value of $68 billion collapsed in 2001 when it was discovered that the company and its executives had been involved in massive fraud. Their accounting firm, Arthur Anderson, knew what was going on and was sued by creditors for approving transactions that manipulated Enron's financial condition for the benefit of its executives. 8 years later, Arthur Anderson (what's left of it) has ag reed to a settlement of $16 million in payments to creditors. The Enron era may be coming to an end, but it's clear that many people will never be made whole. For more information, click here.

Labels: Arthur Anderson Enron Fraud

4/17/2009
Phillip Miller
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Witness Preparation

In the real world, this doesn't happen unless the attorney involved is a complete BOZO, with a client who came from the same BOZO family tree (for anyone whose last name is BOZO, not you, the clown guy that most people think of long before they think of you). Preparation for trial testimony is something you should expect from any attorney that is representing you, and something that we do consistently and well. Our clients know what is expected of them, they are confident, and they are always ready.

Labels: Testimony Trial Witness Preparation

4/15/2009
Phillip Miller
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Jury Duty

Sometimes trials go on a little longer than jurors like. :) This cartoon by Scott Adams is a good example of how it can be frustrating for jurors who feel they are not really doing justice. Every case in our office that is filed in court cries out for fair play and justice, or we wouldn't file suit. Our job as attorneys is to provide jurors what they need to do justice, help them understand what justice means in our client's case, and put them in a position where they do the right thing and can go home proud to have served as a juror.

Labels: Filing Suit Jury Duty Justice

4/2/2009
Phillip Miller
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Medical Errors

Medical errors are estimated at killing 200,000 people each year, and cost us $51 billion. Unfortunately there isn't any requirement to either report or track these errors. Ten years ago the Institute of Medicine reported 1.5 million medication errors alone and suggested that those errors should be reduced by half within 5 years. No one knows what progress has been made because, again, there is no requirement to report or track these errors in a public fashion. The most publicity that has occurred on the topic in years was when actor Dennis Quaid almost lost his newborn twins due to a medication error. This wouldn't have happened if earlier mistakes were reported and publicized. Fortunately, the mistake in the Quaid case was not fatal and the hospital installed a computerized system to prevent incorrect dosages being given. Consumer's Union is collecting signatures petitioning the U.S. government to take action on this issue. If you are interested, click here.

Labels: consumer union medical errors medication mistake

3/17/2009
Phillip Miller
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Dealing with Insurance Companies

Dealing with insurance companies can be difficult. It's not an even playing field. There are a few basic things that you should consider. First, be careful when you fill out any forms. The insurance company was deliberate in organizing the form you are completing, and know where to look for information that will allow them to deny a claim or minimize your recovery. Second, document your contacts with the insurance company including the date of contact, name of the person you spoke with, and the what was discussed. You can be sure that the insurance company is tracking every conversation with you, without your own record they may "forget" something that was discussed earlier. If you send anything to the insurance company, make sure it is dated and keep a copy. If you are using email, print and save your emails. For more information click here.

Labels: Insurance claims insurance companies

3/14/2009
Phillip Miller
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Republican Judges Help State Farm Dodge Bullet in Katrina Case

One of the successful Katrina cases tried in front of a Federal Jury was recently gutted by a panel of judges, 2/3 appointed by past republican presidents, including George W. Bush. The family that had lost their home had insurance with State Farm, and even though State Farm had no proof, it refused to pay the family anything based on the theory that it could have been flooding rather than wind that wiped their house off it's concrete slab. State Farm didn't have any proof that was what happened, but they denied the claim just like they denied thousands of other claims. The Federal Court jury decided that was bad faith and awarded penalties and attorney fees, which ultimately would leave the family with enough to pay their legal expenses AND replace their home. The republican dominated panel at the Court of Appeals reversed the jury and took away all of the money save that for the replacement of the home, saying that while State Farm was wrong - it hadn't acted in bad faith. Remember all the talk show "spin" about "liberal judges"? These judges managed to look at this one case, and State Farm's conduct, without any consideration as to what State Farm was doing with claim after claim after claim post-Katrina. If put into context, State Farm's decision WAS in bad faith. That's what the jury decided after hearing all the evidence, and their verdict should have been upheld. For more information about this decision, click here.

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3/13/2009
Phillip Miller
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Excessive Fees by Mutual Fund Advisors

While investors in mutual funds haven't done so well in the last year, the same can't be said of the individuals who were advising the mutual funds and being paid millions of dollars. The question in a pending case (Jones v. Harris Associates, 08-586) is whether the investment advisors violated the Federal Investment Company Act and cost investors millions while they profited. The Supreme Court will be considering this important issue. Lower courts have dismissed the case on the basis that the investment advisers cannot be sued unless there is proof that the advisor misled shareholders. For more information, click here.

Labels: Fraud Investment Advisors Mutual Funds

3/12/2009
Phillip Miller
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Layoffs Need to be Fair, Not based on Age

It's no secret that companies are laying off employees in these hard economic times, but those layoffs have to comply with the law. That means that you can't just lay off the older employees and keep the younger employees - but that's seems to be what is happening with some employers. By the end of 2008, the number of age discrimination claims filed with the EEOC had increased 29%, and it looks like it will get higher. For more information, click here.

Labels: Age discrimination

3/5/2009
Phillip Miller
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Dirty Tricks by Bush Administration

Why would an administration in its last days pass a rule that makes it more difficult for elderly people and their families to bring legitimate claims for nursing home abuse? $ ? "Friends" who have contributed $ in the past ? The Bush Adminstration in its last days passed a rule that classifies nursing home inspectors and others as Federal employees who can only be called to testify with the permission of the Secrectary of Health and Human Services. The notes from their inspections, the names of witnesses, and other critical information cannot be obtained even when it is critical to proving what happened. Even though lawsuits and fear of lawsuits has brought about most nursing home reforms, the administration justified its action as giving employees more time to do their jobs. Right.

If you want to learn more about how this new "rule" is affecting people who have claims against nursing homes, click here.

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3/4/2009
Phillip Miller
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Food Safety

The recent problems with salmonella in peanut butter have reminded us that our food supply is not as safe as we have always assumed. Clearly, part of the problem is that some large farm and wholesale food outlets don't understand the risks of contamination and how to avoid it...and no one is checking on them. According to the Center for Disease Control 5,000 people die every year from food contamination, and more than 300,000 are hospitalized. People who put contaminated food on the market cannot plead ignorance for much longer.

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3/2/2009
Phillip Miller
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Another Drug Company Gets Caught

Another drug company, AstraZeneca, has been forced to admit that it knew about potential health risks with a drug, but instructed its salespeople to lie to doctors about the risk. One of AstraZeneca's own doctors warned the company that their drug Seroquel could cause diabetes in some users, but they went ahead and deliberately misinformed doctors who might prescribe the drug to their patients. The truth has come out only after they have more than 9000 lawsuits pending by people who were injured.

For more information about this story, click here.

Labels: Astrazeneca Diabetes Drug Company Misleading Doctors about risk Seroquel

2/25/2009
Phillip Miller
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Dirty Syringes -Direct from the manufacturer

AM2PAT Inc. a North Carolina company is in the business of making syringes, including syringes used to give heparin and saline. These syringes are labelled "Sterile" and any doctor, nurse, or patient would expect them to be sterile. Unfortunately, sterilization was a step AM2PAT skipped. The syringes were not sterilized before shipping. Even worse, the company falsified testing that was submitted to the FDA. Their syringes have killed five people and sickened hundreds of others, some resulting in spinal meningitis and permanent brain damage. Scary, eh? The FDA is taking some heat on this, but an American company that sends out non-sterilzed syringes and lies about it? Who would imagine that would happen?

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2/18/2009
Phillip Miller
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Cell Phone Ban Called for by National Safety Council

I have written in the past on the potential dangers of cell phone use, and the inconsistent laws that deal with who can or cannot use a cell phone in a vehicle. Well, the National Safety Council has weighed in and called for a total ban, for anyone driving. Whether you are young (banned in a number of states) or a school bus driver (also presently banned in some states) or just a regular person - the NSC wants cell phone use banned while driving. They've got some pretty compelling statisitics to back themselves - annual crash losses of $43 billion. Sheesh.

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2/17/2009
Phillip Miller
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Amusement Rides

This weekend I did some focus groups on a case involving an amusement park ride death. I didn't know alot about amusement park rides, but the attorneys who had this case had done a ton of work educating themselves. In the end, the educated me too. The bottom line; these rides are complicated pieces of machinery that require operators and maintenance workers who are well trained professionals. Once the ride is sold, the manufacturers don't do much to make sure the new owner can really operate the machine safely...and the new owners don't always realize all that is involved. It's a deadly combination of "it's not my job" from both manufacturers and operators that can result in tragedy. Two points: 1. the shadier the operation the less trust I would put in the machine being safe and 2. even if the operation isn't "shady" you can't know for sure that the machine is really safe.

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2/13/2009
Phillip Miller
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Solar Power

Last December we completed the installation of a photovoltaic array (solar panels) on the roof of our offices on Woodland Street. In the hot summer months, it produces about 1/2 of our electricity needs. In the cooler spring and fall months, it generates as much as 75%. Businesses across Tennessee could benefit from these systems, and generate jobs in the process. The panels on our roof were made by Sharp Electronics in Memphis! Governor Bredesen is proposing a solar research lab here in Tennessee, and in December he announced that Hemlock Semiconductor will be building a $1.2 billion dollar plant in Clarksville that will produce the raw material use to make solar cells. There is potential for this initiative to make a difference in jobs here in Tennessee as well as moving us away from dirty power sources like coal.

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2/12/2009
Phillip Miller
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Economic Stimulus Package

No one has the answers to all of the questions that can be asked about this topic. Will it work? We hope so. Will it create jobs? We hope so. The simple fact is that there are no guarantees and it might not work. That seems to be all that some politicians and talk-show hosts can talk about. They don't have solutions, they just want to be able to say "I told you so". If they are right, we'll never hear the end of it. If they are wrong, they'll explain how they really WERE right. The best minds in the country say do something BIG now. It's a chance I am willing to take as a citizen and taxpayer.

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2/7/2009
Phillip Miller
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Habitat for Humanity

I spent the day working on a Habitat for Humanity house in New Orleans. The two houses I worked on were part of a 14 home development in "Bacatown", and are part of a Habitat project funded by Presbyterian churches across the country. My team was just one of the volunteer groups that supplements the teams of Presbyterians who come in and work for a week or more at a time. A great day, and a great house for a family that needs one.

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2/3/2009
Phillip Miller
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Gas Leak Causing Death

In 2004, an elderly lady in Alabama died of carbon monoxide poisoning in her home. Before her death, gas company inspectors had come to her home and tagged her furnace as being defective. Then other company employees supplied gas anyway. A classic case of the left hand not know what the right hand was doing, and no one taking the time to explain to the one person in the world who needed an explanation. I am sure there was a lot of "It's not my job" going on, but we owe our older citizens some special effort don't we?

In 2007 the case was tried and the jury returned a verdict for the family; a verdict that was large enough to make the gas company think a little harder about how to avoid this kind of tragedy in the future.

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1/29/2009
Phillip Miller
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U.S. Chamber of Commerce Loves to Help Big Business

The "U.S. Chamber of Commerce" sounds like an organization that would help everyone. Commerce is good for everyone isn't it? Doesn't "a rising tide lift all ships"? Unfortunately their agenda is all about helping the people that give them money - big business. And they spend ALOT of it lobbying. In fact, they are the biggest single lobbyist in Washington, pumping more than $62 million into lobbying in 2008. And how much of it went to issues that might directly help consumers (like credit card reform or mortgage relief) ? Nada, Zero, Zip. The "Chamber" is the same group that pushed for privatiizing social security, and who would have won on that deal? Their clients. Who would have lost? The rest of us.

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