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The Dangerous Effects Of Carbon Monoxide Poisoning

Posted by admin | Posted in commerical litigation | Posted on 08-03-2009

Carbon monoxide (CO) is a colorless and odorless gas produced by the incomplete burning of material containing carbon. You can’t see it, smell it or taste it but carbon monoxide can cause serious illness or death. It has been referred to many times as the “silent killer” and is the leading cause of accidental poisoning deaths in America. The Center for Disease Control (CDC) estimates that CO poisoning claims nearly 500 lives, and causes more than 15,000 visits to hospital emergency departments every year in the U.S.

To be sure, this odorless, tasteless and colorless gas is ruthless. Your exposure to CO would quickly result in one or more symptoms including headache, nausea and fatigue. The deadly gas goes undetected in a home without a proper CO detector, and if the people exposed to it do not know of its existence in their environment a proper diagnosis is problematic. Further, CO poisoning can be notoriously difficult to diagnose because the symptoms mimic those of other conditions, notably the flu. Children, pregnant women, babies and individuals with heart conditions are at most risk but CO poisoning can affect anyone. Prolonged exposure can lead to brain damage and ultimately death.

Sources of CO

Some sources of carbon monoxide include gas water heaters, kerosene space heaters, charcoal grills, propane heaters and stoves, gasoline- and diesel-powered generators, cigarette smoke, propane-fueled forklifts, gas-powered concrete saws, indoor races or tractor pulls, boat engines, spray paint, solvents, degreasers and paint removers. Although CO results from when any material burns, more is produced when there is insufficient oxygen for fully efficient combustion. And, yes, cigarette smoke, including the second-hand variety, contains CO, although in an insufficient concentration to do immediate damage. Given enough time, of course, even small amounts of CO can build to dangerous levels in the bloodstream.

The danger comes from improperly vented appliances and machinery such as those listed above, especially ones that run for extended periods of time near human habitation. Such continuous exposure can lead to flu-like symptoms, as noted previously, but would keep escalating into more severe headaches, fatigue, dizziness and nausea. As toxic levels are approached, a victim may experience mental confusion, severe irritability, impaired judgment, memory loss and lack of coordination.

Treatment and prevention

The fastest and most effective way to begin treating the effects of CO poisoning is to relocate affected people (and pets) to open, fresh air away from the source of the gas immediately.  At an emergency room, someone suffering from acute CO poisoning will be given pure oxygen to breathe, which speeds up the excretion of the gas from the blood. More serious cases may require a special treatment known as Hyperbaric Oxygen Therapy (HBOT). This therapy can significantly improve the chances of survival and reduce the risk of further damage to the body. HBOT elevates the amount of oxygen in the body to about ten times normal levels by placing the victim inside a hyperbaric (higher than atmospheric pressure) chamber. Most of the developed world’s hospitals are now equipped with this lifesaving technology.

The best way for you and your loved ones to avoid the “silent killer” is to be educated on how and why CO poisoning occurs. Also, if you live in an environment that includes any of the CO sources mentioned above, you should take the appropriate action to repair any leaks or malfunctions in them. Of course, installing CO detectors in your home and place of business, and maintaining them with fresh batteries, is a powerful preventative step, as well. If you do not think ahead and follow a thorough anti-CO strategy, you are most definitely putting yourself, your family, your friends and neighbors, and your employees at great risk.

Robert P. Schuster, P.C., has achieved its reputation as a law firm by winning big cases—in jury trials and in settlements. He has a national reputation for success in representing his clients in cases including carbon monoxide poisoning, business torts, intellectual property, commercial litigation and brain injury.

Hedge Fund and Research Firm – sued by Overstock.com

Posted by admin | Posted in commerical litigation | Posted on 25-10-2008

Hedge Fund and Research Firm – sued by Overstock.com
As being known to everybody, Overstock.com is an online retailer selling various branded items at a discounted price. In 2005, the online retail company has filed a complaint against Rocker Partner – a hedge fund company and Gradient Analytics – a research firm, claiming that the mentioned companies had conspired to drag down Overstock.com’s share price.
Filed in Marin County, Calif., Gradient Analytics is allegedly being closely aligned with various hedge funds, which includes Rocking Partners. The complain further alleges Gradient for withholding publication of negative reports on Overstock.com that gives Rocker the time to adjust Overstock’s portfolio. The said negative reports of Gradient has been started in June of 2003 and has allegedly issued about 58 reports on Overstock.com over the period of two years.
Overstock.com claims that Gradient got some input from David Rocker, who was the founder of Rocker Partners, and Mark Cohodes, Rocker Partner’s portfolio manager. David and Mark are also named as defendant in the suit, and that Gradient has knowingly serves as an accomplice for the hedge fund.
Gradient is known to be publishing negative reports on Overstock.com for months before they got Rocker as a client, and Overstock.com alleges that it was because of Gradient’s report that the company’s stock price has been influentially dragged down from its January 2005 high of $77.18 to August 2005 price at $45.43.
According to Patrick Bryne, the founder and president of Overstock.com, that the company has been consistently growing and that its stock price is performing well in the market before the publication of the research. However, when Gradient’s publication began, the stock price lowered down and Overstock.com has reported a net loss of $2.5 million.
Just recently, Overstock.com had a press release by having Patrick Bryne, Chairman and CEO of Overstock.com said the he is pleased to publish the statement from Gradient Analytics. Gradient’s states that the research company now believes that, to the best of their knowledge, Overstock.com’s stated accounting policies did in fact conform with the Generally Accepted Accounting Principles or GAAP after them having reviewed all the SEC filings, relevant accounting literature, and all other information available to it. Gradient further states that they regret any prior statements about Overstock.com.
One of the Gradient’s prior report stated that certain Overstock directors including Allison Abraham, John Fisher and Gordon Macklin were not independent directors based on Gradient’s criteria in evaluating independence. However, according to NASD rules, those mentioned directors were independent. Because of this, Gradient extends its apologies to the family of Mr. Gordon Macklin regarding its observation concerning the suitability or his independence. Mr. Macklin has served with distinction as a past President of the NASD, was regarded as one of the pioneers in the financial industry, and was asked to serve on many corporate boards because of his expertise.
At present, Gradient has examined and improved their policies concerning how they communicate with clients, which includes hedge funds and the media. The research company acknowledges that Matthew Kliber - former Executive Vice President of Research was not responsible for any of Gradient’s research on Overstock.

Figurine Maker Wins Tidy Verdict over KPMG

Posted by admin | Posted in commerical litigation | Posted on 21-10-2008

It is not a common situation that a Big Four accounting firm will be hit with a multi million-dollar decision from a board of judges, because mostly of the situations as such is easily dismissed or settled.  However, one Friday, KMPG LLP was hit with a $31.8 million verdict in a case alleging that the said accounting firm has audited the books of a New Jersey company in a negligent manner.
The KPMG spokesperson Daniel Ginsburg said that they do not believe there is a factual basis for the said verdict and they plan to appeal and believe that they will prevail on appeal. He further said that KPMG has issued a going concern audit opinions wherein they stated that there was a substantial doubt about the company’s ability to continue as a going concern
It was Cast Art Industries LLC of Corona, California, which is no longer operational who brought in the suit. The said company alleges that in 1998 and 1999 Papel Giftware Inc., of Monroe Township, N.J., and its parent company, which is a client of KPMG has overstated their revenue and profits by creating invoices for sales that never occurred and as well as purposely double-invoicing customers for their orders that are placed only once. During those years where the incident happens, KPMG audited the company and was allegedly was not able to disclose the inflated revenue. However, when KPMG did the audit during those years, they claimed to have conformed with the generally accepted accounting principles.
During the year 2000 that Cast Art Industries LLC of Corona, California, which are creating various giftware and collectibles that, includes the lovable Dreamsicle line of statuettes has acquired Papel for $34 million, which also an amount that is allegedly lost when the accounting irregularity occurred.
The accounting firm maintained that they have fulfilled their obligation by advising Cast Art about the heavy debt made Papel’s future as an ongoing questionable concern. The firm said that they are not obligated     to notify Cast Art about the irregularities uncovered during the audit.
Due to KPMG’s narrow views about its duty to the plaintiff, the disputed plaintiffs said that it contradicts the accounting firm’s own policies.
Cast Art’s lead attorney says that he introduced an evidence in the form of a training courde for KPMG’s auditors on how to uncover accounting fraud. One of KPMG’s trial lawyers Kelly Hnatt of Wilkie, Farr, gave the said training and Gallagher in New York, a month before the Papel audit report were issued.
The trial for this case held in New Jersey state court and lasted for more than four weeks, and the jury found out that KPMG had committed professional irregularities that undercut the company’s value.
It is being strongly believed that this verdict is one of the largest that is being rendered against KPMG ever according to lead plaintiffs counsel Michael Avenatti. The said damages will possibly reach up to $41 million if interest will be added.
The trial was presided by the Superior Court Judge Philip Paley.

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