Gulf Residents Believe BP Pushing Them To Settle Rather than File Suit

Gulf Coast residents are questioning recent attempts by BP to persuade residents and businesses to take settlements instead of suing BP for compensation. Several residents have complained of pressuring by BP to accept their settlement offers. Many business owners are unsure whether to take the settlement or take the chance of suing BP. These business owners believe it is too early to know exactly how much damage has occurred. Some business owners believe BP is stalling and using coercive tactics as a persuasion to settle.
BP estimates it currently handles 1500 claims per day. BP has been offering business owners small payments for the oil spill, but residents are claiming that BP is pushing claimants to settle these claims rather than continuing to make small payments. Business owners such as Darren Frickey, shrimp seller, understands he has no income at this time due to the spill, but is unsure for how long he will be out of business. Environmental scientists and biologists are attempting to measure the damage for future fishing, but are years away from making any determinations.
Several class action suits have been filed in Louisiana by both restaurants and fishermen in the area. Federal judges in Idaho are discussing which court should have jurisdiction over the suits against BP. Kenneth Feinberg, an arbitration attorney, acting as administrator of $20 billion compensation fund, believes BP is stalling on paying out to the oil spill victims. Speaking in Alabama, Feinberg stated he saw many business owners frustrated by the slow and excessively complex process for claims. Feinberg has experience in administering payments as part of the federal bailout compensations and payments made to victims of the 9/11 attacks. BP currently manages all the compensation, but Feinberg will be taking control of the claims process beginning August 10.
Alabama Attorney General Troy King, has criticized BP for circulating a payout of $5000 in lieu of filing a suit, and has spoken out against the deadline set for claimants. Currently, victims have 90 days from when the underwater well is sealed to file a claim. Feinberg states the AG’s comments were “under advisement” and the 90 day deadline applies only to emergency fund checks.

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Denver Area Groups Protesting the use of ICE Fingerprinting Program

In Denver, Colorado, several immigrant support groups are petitioning to have the law enforcement in their area ban the usage of system wide fingerprinting to specifically identify illegal aliens in custody. Currently in some areas, Immigrations and Customs Enforcement (ICE) uses a program called Secure Communities to run fingerprints of any individual booked against FBI criminal history records. The prints are also ran against the Department of Homeland Security immigration records to determine if the person is in the country illegally or if they have prior arrest records. At the moment, most law enforcement jurisdictions are not using the program, but a list of areas currently using Secure Communities is available at http://www.ice.gov/secure_communities/.

Secure Communities uses a modernized identification system to assist with the removal of criminal aliens from the United States. The program deploys biometric identification information sharing and is used to identify illegal aliens in law enforcement custody. According to the website, the program helps ICE transform criminal alien immigration enforcement agency wide, while satisfying a congressional mandate to increase information sharing between federal agencies. ICE lists three areas in which it focuses on:

* Identifying aliens in law enforcement custody, through modernized technology, continual data analysis and timely information sharing;

* Prioritizing enforcement action to apprehend and remove criminal aliens who pose the greatest threat to public safety; and

* Transforming criminal alien immigration enforcement to efficiently identify, process and remove criminal aliens from the United States.

A basic overview of the program can be found at the ICE website http://www.ice.gov/secure_communities/.

Several law enforcement agencies and even the City Council in Washington, D.C. have refused to use the Secure Communities Program. Some such as an immigrant support group in Colorado believe the program makes crime victims afraid to cooperate with police due to the “fear of being drawn into the immigration regime.” Many believe the system will create a wave of deportations for illegal immigrants. Since 2007, 467 jurisdictions in 26 states are using Secure Communities. Viewing the map of the jurisdictions, shows most southern border state areas are included. According to ICE, the biometric information sharing program has removed more than 30,0000 convicted criminal aliens from the U.S. since 2008.
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New Apps Available for the iPhone as Jailbreaking is Approved by Exemptions to the DMCA

Users of the iPhone now have new ways to enjoy their devices as users will now be able to legally “jailbreak” their phones. The U.S. Copyright Offices, which is part of the Library of Congress, created several exemptions to the Digital Millenium Copyright Act (DMCA). One exemption now allows the owners of iPhones and other types of mobile devices can hack into or “jailbreak” as it is known to developers, their personal cell phones. The jailbreaking of the iPhone will allow applications or “apps” that are not authorized by Apple to be used on the phone.
Other cell phones such as the Blackberry and Android phone will be included in the exemption and will also be legally allowed to undergo “jailbreaking.” Owners of the smartphones will be allowed to download software applications but importantly they will also be allowed break access controls allowing the phones to switch cell carriers. Currently AT&T is the only wireless provider for Apple’s iPhone. The bypassing of technical security features on phones will allow service carriers to change wireless carriers for used cell phones.
Until recently, “jailbreaking” was considered hacking and would violate the warranty of a telephone. Apple also considered the hack a violation of copyright laws, but never sought any legal recourse over owners caught “jailbreaking.” Now owners will be able to open up their phone without any penalty of violation of copyright laws, however this manipulation of the phone comes with the possibility of completely disabling the phone. Many sites on the internet explain how to jailbreak, but doing so voids the warranty and phone owners risk the possibility of rendered the phone useless if the hack is performed incorrectly.
Although the “jailbreaking” announcement from the U.S. Copyright Offices is important news, there are other relevant exemptions proposed to digital media sources. DVD media has been included in the exemptions and will allow educators and their students or documentary filmmakers to break the copy protection on DVD’s. This copyright protection against copying will be exempted for educational purposes or to allow the inclusion of clips or commentary and teaching materials to be included on the DVD copy. All the new exemptions will be listed in the Federal Register beginning Tuesday. No comment has been announced from Apple or other phone makers regarding reaction to the new “jailbreaking” exemption.

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Texas State Rep. Leo Berman Proposes Immigration Bill for Texas

While speaking at a campaign rally in Longview, TX, Texas House speaker candidate Leo Berman promised to bring his illegal immigration bill to the House for vote. Mr. Berman has proposed several bills including one that place an 8% surcharge on monies wired to Mexico, Central America and South America. Mr. Berman states is in an attempt to “get them to pay for their health care.” Americans could submit receipts for their surcharges for reimbursement with the state, but the other collected funds would be used to begin an account for hospitals which provide care to illegal immigrants.
Berman also proposes that children born to illegal immigrants should not automatically receive U.S. citizenship. Berman feels that they should be given a notice of live birth receipt to be taken to the consulate general for citizenship in their country of origin of the parents. The House speaker candidate believe the immigration laws would be challenged in federal court and believes the challenge would help interpret the 14th Amendment. The 14th Amendment was passed after the Civil War and some argue the amendment granted citizenship to newly freed slaves and does not apply today all children born in the United States.
Berman had proposed similar legislation in the past and many believe he will be unable to pass immigration policies in a state such as Texas where many employers utilize illegal immigration for financial reasons. In a recent statement by Governor Rick Perry, the Governor stated he would not support a Texas bill similar to the Arizona immigration bill. Berman responded to Gov. Perry’s statements by saying “If he vetoes the bill, he’s going to have a lot of problems.”
As the Republican candidate, Berman is currently campaigning against Libertarian challenger Jon Fitts for the Distric 6 House seat. In 2008, Berman successfully defeated Gene Moody in the general election. District 6 is located in East Texas and includes Smith County.

Rage Against the Machine Plans Concert to Boycott Arizona Immigration Law

The controversial immigration law in Arizona scheduled to begin on July 29th, now has a new opponent: Rage Against the Machine. Zack de la Rocha, band leader for RATM, announced plans to donate proceeds from a concert to be held July 23rd in Los Angeles. De la Rocha has openly stated the immigration law is too restrictive and is pushing for artists and musicians to boycott Arizona. In response, several musicians have formed Sound Strike, a group that is officially boycotting the state of Arizona.
Rage Against the Machine has been known for their highly critical and outspoken nature. RATM have frequently voiced their opinion regarding domestic and foreign policies of the U.S. government. Often participating in political protest and openly advocating a critical view of government control, the band believes their music should be a response to social oppression. RATM’s activism is not limited to political arenas, Tom Morello, guitarist for RATM was arrested in a protest against sweatshops outside the factory of clothing maker GUESS. Their activism against the government in Tibet, torture in Guantanamo Bay and in support of the United Farm Workers paled in comparison to the controversy surrounding the bands protest of the Iraq war.
De la Rocha paraphrased Noam Chomsky during a concert in 2007, “A good friend of ours once said that if the same laws were applied to U.S. presidents as were applied to the Nazis after World War II, every single one of them, every last rich white one of them from Truman on, would have been hung to death and shot. As any war criminal should be.” Fox News reported the quote and called into question whether the band was advocating presidential assassination attempts and calls for revolution.
In response, De la Rocha stated “the real assassinator is Bush, and Cheney and the whole administration for the lives they have destroyed here and in Iraq.” De la Rocha later included Tony Blair as part of the group responsible for the Iraq war. RATM played free concerts during both the Republican National Convention, and Democratic National Conventions to protest the Iraq war in 2008.
The band has been controversial in their activism, but De la Rocha believes their music and their response to oppression are worthy causes. Regarding the immigration law in Arizona, De la Rocha state “we are going to be organizing a series of concerts that are respectful of the nature of the boycott in its attempts to isolate the Arizona government but not isolate the people.”

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‘Take Our Jobs’ Campaign asks Unemployed Americans to try Farm Labor Jobs

Ever heard “they are taking all our jobs” in regards to illegal immigrants taking American jobs? In response, The United Farm Workers “Take Our Jobs” campaign is a tongue-in cheek effort calling on unemployed U.S. citizens to fill positions now held by immigrant farm workers. Recent media attention caught the eye of both Stephen Colbert, from the Colbert Report and Congresswoman Zoe Lofgren from California. Both Colbert and Lofgren worked in the fields to get a first hand look at the plight of the farm worker. Colbert reported on the campaign and himself challenged unemployed American workers to replace the immigrant workers.

The website takeourjobs.org offers individuals the opportunity to hold the positions now held by farm workers. The site has a sign up sheet stating “I want to be a farm worker.” According to UFW President Arturo Rodriguez, 5000 have signed up, but only 3 have actually began working in the fields. Many applications were withdrawn after learning about the difficult working conditions and the minimal pay. According to the Deparment of Labor, approximately 1.8 million people work on farms in the U.S. Over 75% of these workers are foreign born and approximately 50% are illegal or undocumented.

UFW President Arturo Rodgriguez believes the campaign should help stimulate some action for immigration reform in the United States. If all the workers in the field who were undocumented were to be deported, as many in the U.S. are requesting, who would do that work? Rodriguez stated, “If we asked all the undocumented immigrants to leave the country, the agriculture industry would die.” With the lack of applicants to his website, Mr. Rodriguez might have a point.

Obviously the website is a sarcastic response to the “they take all our jobs” response by many Americans. But in a time where an anonymous group in Utah is making a list of 1300 illegal immigrants for deportation, what is the real answer. Some American’s want all illegal immigrants deported or to at least leave their towns if they are illegal. When will the racist undertones turn into violence against anyone of color (insert writer here)? Even reading responses to the takeourjobs.org website are frustrating, one person wants the construction jobs not the farm jobs, most likely for the pay and not for the satisfaction of creative integrity. It is all frustrating to say the least and as someone who has been both unemployed and growing up in the those hot East Texas fields harvesting crops, I know which jobs illegal immigrants took from me. Does everyone else?

Utah state employees responsible for anonymous list of illegal immigrants

As an immigration lawyer, I have recently seen many immigration reform issues in the news, but one of the strangest and most disturbing has to be the anonymous Utah group known as the “Concerned Citizens of the United States.” This group compiled an extensive list of 1,300 alleged illegal immigrants for the sole purpose of deporting the people listed. The Utah based group provided names, birth dates, workplaces, and social security numbers, as well as due dates for pregnant list members. The list was sent to Immigration and Customs Enforcement, (ICE) and the Desert News in Utah, with the words, “Begin deportation now,” on a separate letter.

Outraged citizens in Utah, are contacting government officials due to the list containing mostly names of Hispanic origin. Many believe this list is not about illegal immigration but rather Mexican and Latino immigrants in Utah. No names of individuals on the list have been published or notified to contact an immigration attorney. ICE states they are not currently planning to use the list to deport individuals listed. The groups probable racial motivation behind the list as well as the tone of a letter included with the list has not been openly supported by immigration reform groups.

The letter stated, “ Our group observes these people in our neighborhoods, driving on our streets, working in our stores.” The letter also stated that the group would provide new lists on a regular basis and insisted that “your agency take immediate and forceful action to the individuals on this list and begin deportation now.” The Governor of Utah, Gary Herbert requested an internal investigation due to the amount of specific information provided by the list. The governor’s office suspected that a Utah Department of Health worker or government workers could have obtained this private information using a state database.

This investigation performed by the governor’s office yield several findings. At least two Utah state employees are responsible for compiling the list. The anonymous group who remains anonymous since the workers names have not been released, could involve up to 10 other state employees. Utah Attorney General Mark Shurtleff noted the two employees would be facing state charges and possibly Federal charges for providing private health information. The Health Insurance Portability Accountability Act (HIPAA) protects private health information and violators could face prison time up to 5 years and fines up to $100,000. Federal officials have not commented on charges regarding the state employees actions. The list creators are creating a boom for attorneys as now not only will the individuals on the list possibly need a good immigration lawyer, the list creators may be looking for good criminal defense attorneys themselves.Houston immigration attorneys

Travelers Insurance issued cease-and-desist letter by Texas Attorney General

A recent Travelers Insurance ad entitled, “Driving Your House,” has caused quite a stir with the Attorney General of Texas.  The controversial ad shows a man driving his home through a desert and during the drive he has a collision. The accident causes damage to his home and his furnishings. During the ad, the commercial makes the statement, “Without the right auto insurance, a crash might impact more than your car. Make sure you’re properly covered, so when you’re driving your car, you’re not risking your house. Travelers take the scary out of life.”

Texas AG Greg Abbott believes the ad is deceptive to Texas residents and has sent a cease-and-desist letter to Travelers Insurance.  AG Abbott believes the owners of Travelers Insurance, Travelers Companies, Inc., is inaccurately stating that homeowners in Texas need increased auto insurance due to a risk of losing their home due to an auto accident. Abbott sent the cease-and-desist letter to Travelers with a warning to pull the ad or face legal action by the state of Texas. Abbott made the statement, “Texans are protected by robust homestead laws that insulate homeowners from the losses depicted in Travelers’ advertisements.”  Abbott added, “It is improper for Travelers to scare Texans into buying insurance they may not need.”

Under the the Texas Deceptive Trade Practices Act (DTPA), consumers are protected against false, misleading, and deceptive trade practices. Civil penalties for deceptive trade practices could be awarded in any legal action taken by the state. The cease-and-desist letter demanded the ad be removed from all media markets, and if not removed could result penalties up to $20,000 per violation of the letter.   The DTPA also protects consumers against unconscionable actions and breaches of warranty. The DTPA defines who is covered by the act and a consumer is defines as one who seeks or acquires by purchase or lease any goods or services.

The DTPA can be a helpful statute to different types of consumers who seek to acquire goods or services. Specifically if the consumer meets the definition under the DTPA, they can seek legal recourse if they believe they are victims of poor business practices.  Consumers can sue for damages and for violations of this statute.  If you are a consumer who feels you have been taken advantage of by a business in Texas please contact our offices at 1-888-411-1512. Houston consumer attorney

Obama administration files suit claiming pre-eminent authority over Arizona immigration law

After months of speculation regarding a possible suit by the federal government, on Tuesday the Obama administration sued the state of Arizona in an attempt to thwart the state’s new immigration law. The federal suit was filed in Phoenix and charges the state with usurping federal government “pre-eminent authority.” By attempting to regulate immigration the state is overstepping its state rights. This suit was followed by a statement from the Justice Department declaring the law could “cause the detention and harassment of authorized visitors, immigrants, and citizens who do not have or carry identification documents.”
Arizona has been under fire since first introducing the bill which requires police to question an individuals immigration status if there is reasonable suspicion of a possible illegal status. The law would also require legal immigrants to show their documentation to police and carry these documents on their person at all times. Many believe this law could lead to racial profiling and several states and cities have boycotted Arizona as a result. Lawmakers in Arizona argue that the federal government has done little to assist their state with an influx of illegal immigrants who are increasing criminal activities such as drug trafficking and murder. Today it is estimated there are over 450,000 illegal immigrants in Arizona alone.
The lawsuit asserts the federal control of immigration policy. The lawsuit also states there are comprehensive federal laws in place used to control illegal immigration. Under the Supremacy Clause, federal law supersedes state law and therefore the new Arizona law would attempt to enforce federal policy. The lawsuit specifically states “this authority derives from the United States Constitution and numerous acts of Congress. The nation’s immigration laws reflect a careful and considered balance of national law enforcement, foreign relations, and humanitarian interests.”
No federal judge has been assigned to the case, but the lawsuit is specifically requesting an injunction to block the law from taking effect on July 29th. Lawmakers in Arizona such as State Senator Russell Pearce have denounced the lawsuit stating it is “an absolute insult to the rule of law.” Others agree with the federal government’s suit challenging the Arizona law as a diversion of federal resources away from more important targets such as dangerous illegal immigrants or terrorists.
Most people expected the Obama administration to file the federal lawsuit, but unfortunately most people would also have preferred some type of federal immigration reform. The ACLU and other organizations have already filed suits against the Arizona law, I am not sure why the federal government needed to file their lawsuit. Obviously it is attempting to perform a federal function, but by not performing one, I believe the government is at just as much fault. Federal reform of immigration policy would have been a better response to this new Arizona immigration policy. I am awaiting the general public response to this lawsuit, I believe it will only reinforce my opinion regarding what should have been done rather than what has been done. 

Houston immigration attorney

Apple iPhone 4 glitches cause reception problems and lawsuits

The newest iPhone 4 release has caused more than a small amount of excitement, at least 5 class action lawsuits have been filed over reception problems. Houston attorney Danny Sheena filed a suit on behalf of Hung Michael Nguyen in the U.S. District Court for the Southern District of Texas. Mr. Nguyen is alleging that his new iPhone 4 began dropping calls the same day as his purchase.  This lawsuit was the first of several suits alleging breach of warranty for reception and defective products on the part of Apple.

In California, the law firm of Kershaw, Cutter and Ratinoff filed a suit against Apple and AT&T in Sacramento, California. The suit in California alleges that ten different iPhone 4 owners are complaining of defects in the reception. Suits have also been filed in Washington, New Jersey and Maryland. The Maryland suit names both Apple and AT&T as responsible plaintiffs in the case.

The problem with reception and the antenna defect in the new iPhone 4 are known as the “death grip” by the internet bloggers.  The new iPhone 4 has a small black strip on the edge of the iPhone that when covered will drop signal strength. Holding the phone in a specific way has become known as the “death grip.” Apple has not made any public comments to the suits and recently a press release by Apple stated they are “stunned” that the iPhones have been using a “totally wrong” formula to determine signal strength. The signal strength shows an exaggerated amount and can show up to 4 or 5 bar signals incorrectly.

Free software updates will be offered to iPhone owners of 3G, 3GS and iPhone 4 to correct the signal strength formula. Apple has apologized to customers “for any anxiety we may have caused.” This anxiety may be more than a simple performance problem as the lawsuits filed earlier this week are claiming, negligent misrepresentation, defective design, fraud by concealment and breach of warranty.

Apple originally offered customers 3 options to alleviate any concerns regarding the iPhone 4 problem: return the phone with a restocking fee charge, purchase specific Apple branded cases, or holding their phone in a different way as to not cover the black strip. IPhone 4 owners are now being offered software updates within the next few weeks to help with the reception problems. I hate to respond to these owners that this software problem is a glitch.  This is a chance that most buyers take as “early adopters.” Anyone remember the early Commodore 64’s or Xbox 360’s?  Early adopters are the “first” to have a certain product, but this honor also comes at the cost of being the first to deal with bugs or problems.

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