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The Law Prohibits Employment Discrimination Based on Bankruptcy

Saturday, January 14th, 2012

Frequently, our clients and potential clients are extremely concerned about the consequences of filing for bankruptcy protection under Chapter 7 or Chapter 13. Not surprisingly, one of their greatest fears is that they may be fired or not hired for a job because they have or are about to file bankruptcy. 

While the Fair Credit Reporting Act allows current and prospective employee’s credit scores and related information to be used by employers, the United States Bankruptcy Code expressly prohibits employers from discriminating against employees for seeking bankruptcy protection. 11 U.S.C. Section 525(b) states:

No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt, solely because such debtor or bankrupt—

(1) is or has been a debtor under this title or a debtor or bankrupt under the Bankruptcy Act;
(2) has been insolvent before the commencement of a case under this title or during the case but before the grant or denial of a discharge; or
(3) has not paid a debt that is dischargeable in a case under this title or that was discharged under the Bankruptcy Act.

The bankruptcy attorneys at PERENICH The Law Firm have decades of experience helping individuals and companies find options and solutions to their financial issues during these difficult times.  These may include Chapter 7 bankruptcy, Chapter 11 bankruptcy, Chapter 13 bankruptcy, and foreclosure defense.

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Honda Civic Hybrid Owner Takes Road Less Traveled in Lawsuit

Wednesday, January 4th, 2012

Rather than accepting a settlement payout of no more than $1,000 by participating in a class action lawsuit against Honda, a California woman has opted out of the lawsuit. Instead, Heather Peters is suing Honda individually in small claims court, where she may recover up to $10,000.

Honda Civic Hybrid lawsuitPeters, a former attorney, is alleging damages as a result of deceptive and misleading claims by the auto manufacturer that the mileage on her Honda Civic Hybrid would be up to 50 miles per gallon. In fact, according to the Associated Press, as the battery deteriorated, Peters was only able to get 30 miles per gallon, which is the average mileage for a strictly gas-powered Honda Civic.  She is seeking damages for her lost gas mileage, the premium she paid for a hybrid vehicle, and the car’s diminished resale value, according to USA Today.

Peters has also created a website, DontSettleWithHonda.org, posting information about opting out of the class action lawsuits and about her own lawsuit.  Her small claims trial was held on Tuesday, January 3, 2012 in Torrance, California, but the judge did not rule immediately, stating that his ruling would be issued to the parties by mail.

Unlike criminal actions, civil litigation is initiated by private parties (individuals and companies) who typically ask the court to award them money damages as compensation for the wrongful acts by another that caused them physical or financial harm.

Civil actions involve a wide array of legal theories under which private parties may sue for damages, including breach of contract, false or misleading advertising or claims by consumers, negligence such as auto accidents and slip and falls, employment discrimination, wrongful termination, and mortgage foreclosure.

The attorneys at PERENICH The Law Firm have over 70 years of combined experience and resources to take a case through trial and a jury verdict.  We have tried dozens of cases throughout Florida, including Pinellas, Hillsborough, and Pasco Counties, and you can count on us to fight to resolve your case for what it’s worth.

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New Year’s Resolutions: Proceed with Caution

Monday, December 19th, 2011

The tradition of making resolutions for the new year may be traced to the ancient Romans in 153 B.C.  According to Roman mythology, Janus was the god of beginnings and transitions. He is often depicted with two faces, one looking forward and one looking back.

One extremely common New Year’s resolution in our current culture is weight loss. Unfortunately, such resolutions may be dangerous on occasion—even fatal in some cases.  At the beginning this year, for example, 35-year-old Lidvian Zelaya’s resolution for 2011 was to undergo plastic surgery. Unfortunately, the surgery cost the Miami Beach, Florida resident her life. A lawsuit for wrongful death based on medical malpractice is currently underway.

If your New Year’s resolution list includes losing weight and improving your looks through cosmetic surgery, it may be a good idea to get a second, third, and even fourth opinion before selecting a qualified, reputable surgeon and clinic.  Additionally, avoid selecting a clinic solely based on cost, because you may get what you pay for.

The medical malpractice and wrongful death attorneys at Perenich The Law Firm have more than 60 years of combined experience in holding negligent surgeons and others responsible for the tragic deaths of innocent victims of negligence. Our offices are conveniently located throughout the Tampa Bay, Florida area, including Clearwater, St. Petersburg, Tampa, Tarpon Springs, and New Port Richey.

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Florida PIRG Report Identifies Toys to Avoid This Holiday Season

Monday, December 12th, 2011

It may have been the subject of a 1976 “Saturday Night Live” comedy skit in which Dan Aykroyd portrayed fictitious toy manufacturer Irwin Mainway defending such “harmless playthings” as “Bag O’ Glass,” “Johnny Switchblade,” and “Teddy Chainsaw Bear,” but the hazards of some toys that may find their way under your tree this holiday season can be serious—even fatal.

On November 22, 2011, the Florida Public Interest Group (“PIRG”) released its 26th annual “Troubles in Toyland” report on dangerous toys.  Among other dangerous propensities, the PIRG report identifies toys containing lead, noting that a number of toys found in stores exceed the strict limits (300ppm) on lead amounts imposed by Congress in 2008. According to the report, lead and phthalates have been linked to developmental delays in young children. Toys found to potentially toxic include Hello Kitty eyeshadow, a Honda toy motorcycle, and a Disney Tinkerbell watch.

Additionally, toys with small parts, particularly balls and balloons, are a leading cause of toy-related injuries, the PIRG press release. These include a set of wooden blocks by Timeless Toys, Sesame Street Oscar doll, and a Dinosaur Multi-Pack. Noisy toys, such as the Elmo Talking Cell Phone and Hot Wheels Super Stunt RAT BOMB, were also flagged as a major cause of hearing loss in children.

The PIRG report also makes recommendations for Congress and toy manufacturer for greater regulation and compliance with toy safety standards in the United States.

The child injury attorneys at PERENICH The Law Firm have more than 60 years of combined experience in helping children, parents, and families in the Tampa Bay, Florida area recover damages for injuries to children when others have needlessly placed them in harm’s way. If you are in need of a personal injury and accident lawyer, contact PERENICH The Law Firm today to speak to one of our injury attorneys . Our offices are conveniently located in Clearwater, St. Petersburg, Tampa, Tarpon Springs, and Trinity, Florida.

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Civil Wrongful Death Lawsuits Proceed against Conrad Murray

Tuesday, November 15th, 2011

Following last week’s criminal conviction of Conrad Murray, the doctor who fatally administered the propofol anesthetic to Michael Jackson, the civil lawsuits alleging wrongful death against Murray are already underway.  The pop star’s family filed separate wrongful death suits in 2010 against Conrad Murray and AEG Live LLC, which organized Jackson’s “This is It” tour.  The two lawsuits may be merged, but in light of Murray’s guilty conviction in criminal court, they are likely to settle out of civil court than proceed to trial.

A legal cause of action for wrongful death is based on a tort such as negligence.  The personal representative brings a lawsuit in the name of the deceased and for the benefit of the survivors.  To recover damages in a wrongful death lawsuit in Florida based on negligence, the plaintiff (person bringing the suit) must prove that the defendant (in this case Conrad Murray, as Michael Jackson’s physician) owed a duty of care based on the standard of care for doctors in his field , that he fell below that standard of care, and that this negligence caused the death of Jackson.  Therefore, to prove medical malpractice resulting in wrongful death, Jackson’s family must prove that Conrad Murray administered lethal levels of propofol to Jackson.  Murray’s criminal conviction may be used as conclusive evidence against him in the civil lawsuit.

At Perenich The Law Firm, our wrongful death attorneys have more than 60 years of combined experience in holding those responsible for the tragic and often deaths of innocent victims.  Our offices are conveniently located throughout the Tampa Bay, Florida area, including Clearwater,  St. Petersburg, Tampa, Tarpon Springs, and New Port Richey.

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PERENICH The Law Firm Sponsors NoPiKi Cornhole Classic to Benefit Children

Monday, September 19th, 2011

PERENICH The Law Firm sponsored the North Pinellas Kiwanis Corn Toss Tournament last Saturday, September 17, 2011. The inaugural event took place at Boyle’s Backyard Neighborhood and Grill in Palm Harbor, Florida. Gregory  Perenich, a partner at the firm, participated in the event with his son.  There were 64 doubles teams at the tournament with approximately 128 individual participants.

Greg is the former President of the Kiwanis Club of Palm Harbor, which is dedicating to providing support and funding to local organizations and service projects that benefit children, including FEAST Food Pantry, Tarpon Springs Head Start, Pinellas Adopt-a-Class, Youth Triathlons, and Palm Harbor Band.

PERENICH The Law Firm is committed to community involvement and outreach throughout Pinellas County, Florida and the Tampa Bay area, including Clearwater and St. Petersburg.  The firm represents plaintiffs who have been harmed by the careless acts of others in matters such as personal injury, car accidents, boating accidents, slip and falls, and others.  Additionally, the attorneys at PERENICH The Law Firm represent homeowners and debtors in bankruptcy and foreclosure defense.  The firm has five offices throughout the Tampa Bay area, including Clearwater, St. Petersburg, Tampa, Tarpon Springs, and Trinity/New Port Richey.

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PERENICH The Law Firm Participates in Hispanic Legal Workshop

Tuesday, September 13th, 2011

PERENICH the law firm attorneysAttorneys and staff at PERENICH The Law Firm took part in a free legal workshop at the Hispanic Outreach Center on September 12, 2011. Terence Perenich, a partner at the firm, along with associate Jowita Wysocka and legal assistant, Virginia Heidel, who served as a translator.

The event offered members of the Clearwater, Florida Hispanic community an opportunity to meet with pro bono attorneys on a variety of legal issues including personal injury, bankruptcy, Social Security disability benefits, labor, and family law.  The workshop was sponsored by the Clearwater Bar Association, Clearwater Bar Foundation, Hispanic Outreach Center, Gulfcoast Legal Services, and Stetson Hispanic Student Bar Association.

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Florida’s New Pill Mill Law may be Difficult to Swallow

Wednesday, August 17th, 2011

Sometimes, the best-intended laws have unanticipated consequences.  Consider Florida’s new legislation aimed at grinding down prescription drug abuse, which is responsible for the deaths of 7 Floridians every day on average, according to the St. Petersburg Times.  Last year, then-governor Charlie Crist also approved legislation imposing stricter regulation on doctors and pain management clinics in Florida that prescribe and dispense prescription pain medication.

The new “Pill Mill Law” signed by current Florida governor Rick Scott, which went into effect on July 1, 2011, “tightens reporting requirements to the database from 15 days to seven days, a change critics said the program needed to make it more effective.”  In addition, the new prescription drug law “increases penalties for overprescribing Oxycodone and other narcotics, tracks wholesale distribution of some controlled substances, and provides $3 million to support law enforcement efforts and state prosecutors.”  Further, the legislation “prohibits most doctors who prescribe narcotics from dispensing them, requiring prescriptions to be filled at certain types of pharmacies.”

Rick Scott actually opposed the bill initially before having a change of heart.  The St. Pete Times reported that “of all the oxycodone that is dispensed by physicians in the United States, 85 percent is dispensed by Florida doctors.”

Despite the Pill Mill Law’s lofty intentions, it is not without its problems, and implementing this and previous pill mill laws is proving difficult.  For example, one of the law’s requirements was that prescriptions be written on special, counterfeit-proof pads.  This proved unduly burdensome for doctors who were unable to obtain the requisite prescription pads in time to assist patients who genuinely needed pain medication.

In addition, Florida government has been calling for the creation of a drug monitoring program since 2009, but this has yet to occur.  Finally, the new law and its predecessors have the effect of punishing those whom the laws are designed to protect through severe punishment of pharmaceutical drug offenses, which includes a minimum prison sentence of 3 years and $50,000 fines.

Frequently, persons injured in auto accidents, slip and fall, and other incidents have the misfortune of becoming addicted to painkillers as a result of their injuries, which are often caused by the negligence of others.  The accident and injury attorneys at PERENICH The Law Firm can help clients receive the medical care they need from qualified doctors.

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Bank Forecloses After Owner Pays One Day Late

Saturday, August 6th, 2011

The staggering rate of foreclosures on Florida’s homes and businesses is well known. What property owners may not realize, however, is that lenders may have legal cause to foreclose after just one missed payment. In some cases, depending on the terms of the mortgage and promissory note, even if the property owner makes the missed payment the very next day, the bank may insist on foreclosing.

bank foreclosureThat’s what happened to the owner of a Mobil station. According to the Tampa Bay Times, “Saji Mathew was one day late in paying the mortgage on his gas station.”  Although he deposited the money into his account the very next day to make his payment, since BB&T, the lending bank, often did not withdraw the money from his account until several days after the payment due date, BB&T returned his payment.  The bank also returned payments Mathew attempted to make over the next two months and instead initiated foreclosure proceedings in court.

Even the judge assigned to the case, Circuit Judge Amy Williams, was incredulous over the lawsuit.  “This is why we’re in a worldwide financial crisis because there’s no business sense anymore in the foreclosure industry, none,” she said during a recent hearing in which Mathew offered to pay BB&T $50,000, the full amount due since October.  Judge Williams ordered BB&T to either place the $50,000 in a trust account or into the court registry until the case is concluded.

The foreclosure defense attorneys at PERENICH The Law Firm, which has its main office in Clearwater and serves clients throughout the  Tampa Bay area at additional offices in St. Petersburg, Tampa, Trinity/New Port Richey, and Tarpon Springs, have over 20 years of experience in defending home and business foreclosures.

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Florida “Keep Your Eyes on the Kids” Program Helps Prevent Drowning

Tuesday, July 26th, 2011

During the now infamous Casey Anthony trial, the defense alleged that her daughter Caylee Anthony had drowned in the family swimming pool.  In a state where drowning is the leading cause of death among toddlers, the odds were in their favor.

Tragically, Florida consistently has the highest unintentional drowning rate for children between the ages of 1 and 4.  Such drownings usually occur in swimming pools and beaches, where inattentive parents, caregivers, or lifeguards are negligent in supervising children in the water.  Even plastic kiddie pools and bathtubs can be deadly if children are left unattended.

During this unusually hot Florida summer, people are flocking to public and private pools as well as beaches to seek respite from the scorching temperatures.  Thus, the risk of accidental drowning is significant in crowded conditions, where it becomes far more difficult to watch children in the water.

In an effort to raise awareness and prevent accidental drownings, the Florida Office of Injury Prevention began a public outreach campaign in 2006 called “Keep Your Eyes on the Kids.”  The program has been implemented in Orange County and several other counties in Florida where the rate of accidental drownings is particularly high.  By 2009, the program had helped reduce the number of children ages 1 to 4 who drowned by15% and the drowning rate by 18%.

At Perenich The Law Firm, our drowning accident attorneys have more than 60 years of combined experience in holding those responsible for the unimaginable, tragic, and highly preventable death of a child due to drowning.  Our offices are conveniently located throughout the Tampa Bay, Florida area, including Clearwater,  St. Petersburg, Tampa, Tarpon Springs, and New Port Richey.

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