Guest guest Posted September 4, 2006 Report Posted September 4, 2006 I live in the East Bay - Do you think I show contact the media to find people with similar problems? Sears installed replacement windows in my home, from which time I have had a series of leakage problems, causing dry rot, mold, extensive wood/structural damage and health problems. I am am considering a Class Action Suite against Sears. I am enclosing a copy of an email I received from my General Contractor. It appears that Sears does not understand the seriousness of the problem. I am looking for other anyone may have similar problems ********************************************************************************\ * ; I am very concerned by obvious attempts by Sears personnel to downplay the seriousness of your problems. The Western Region Service Manager, Sears Home Improvement Products, visited your house this past Tuesday and based upon his comments, Sears is obviously trying to skirt their responsibility. The water leakage around the Sears installed windows has caused extensive damage, affected structural integrity, and the resulting mold is a serious health problem. The expense and extent of work involved to remove all windows, window coverings, demo stucco, wood, deck removal, electrical, plumbing, then reframing, insulate, install new construction windows, seal, sheet rock, tape, paint, etc. is enormous. Sears drew a permit drawn prior to the window installation, however they never called in for a preliminary nor final inspection of their work at your house. The installation of these windows does not meet code. Sears did admit the window frames are of questionable quality. He saw damaged wood, dry rot, mold, and mildew in, around and near inspected windows. Sears has send out repairmen and supervisors to inspect, replace windows, patch, and caulk yet has never fixed the problems. Your concerns about exposure to mold and your health are well founded. Exposure to mold is a well known and publicized health problem. Sears is definitely attempting to reduce the number of windows that must be replaced and has tried to have you pay for the manpower in removal of windows - are they trying to insult your intelligence? I will speak with other contractors about these problems and expect to find a number of similar issues with Sears installed windows. I would like to start requesting depositions. I have spoken with the head inspector from the County Building Inspectors on the installation and associated window leakage problems you are experiencing. They are suggested that a State Board of Health inspection be done, ASAP. With your health related problems you have a mountain of evidence for a Class Action Suite against Sears. General Contractor Quote
Guest guest Posted September 4, 2006 Report Posted September 4, 2006 That sounds awful with your Sears windows. But are you certain you would want to become involved in a class action lawsuit? As I understand it, many times class actions settle with pennies on the dollar going to the actual plaintiffs. I think this is because they are so expensive to litigate, so the attorneys have to not only cover their costs, but they also take a big chunk of the settlement for their percentage. If you have one person getting 30% of a million dollars, and 1000 people getting the rest, then the attorney would get $300K, and everyone else would get about $6000 each, minus the costs of litigation. You should really should speak with an environmental attorney with a construction/product defect background. I am inclined to think it may be better for you to go it alone for you. But maybe not. Actually, you ought to see if you can get Sears to step up to the plate and do the right thing before you consider litigation at all. Sharon Quote
Guest guest Posted September 6, 2006 Report Posted September 6, 2006 There's a book called something like " chemical injury and the courts " which discusses class action lawsuits at length. yes, they typically settle for pennies on the dollar and, while I don't think they're cheap to litigate, the costs of litigation spread over the large number of litigants make that an unlikely explanation for the low per-person awards-- attorney greediness and lack of accountability to clients-- has a class ever fired its attorney? Dividing up the settlement can be complicated-- Brockovich's firm was sued by its clients for how it divided up their money-- how does a class say: " no, we want 3x what they're offering, go back and offer ___?{ --- snk1955@... wrote: > That sounds awful with your Sears windows. But are > you certain you would > want to become involved in a class action lawsuit? > As I understand it, many > times class actions settle with pennies on the > dollar going to the actual > plaintiffs. > > I think this is because they are so expensive to > litigate, so the attorneys > have to not only cover their costs, but they also > take a big chunk of the > settlement for their percentage. If you have one > person getting 30% of a > million dollars, and 1000 people getting the rest, > then the attorney would get > $300K, and everyone else would get about $6000 each, > minus the costs of > litigation. > > You should really should speak with an environmental > attorney with a > construction/product defect background. I am > inclined to think it may be better for > you to go it alone for you. But maybe not. > Actually, you ought to see if > you can get Sears to step up to the plate and do the > right thing before you > consider litigation at all. > > Sharon > > > [Non-text portions of this message have been > removed] > > > > > Quote
Guest guest Posted September 6, 2006 Report Posted September 6, 2006 Just an FYI, most PI attorneys are taking on average 45% for mold cases. Some even more to take a case to trial. Mold cases because of all the experts involved, are one of the more expensive types of cases to take to trial. In a message dated 9/6/2006 8:22:03 AM Central Standard Time, selenesgroups@... writes: There's a book called something like " chemical injury and the courts " which discusses class action lawsuits at length. yes, they typically settle for pennies on the dollar and, while I don't think they're cheap to litigate, the costs of litigation spread over the large number of litigants make that an unlikely explanation for the low per-person awards-- attorney greediness and lack of accountability to clients-- has a class ever fired its attorney? Dividing up the settlement can be complicated-settlement can be co was sued by its clients for how it divided up their money-- how does a class say: " no, we want 3x what they're offering, go back and offer ___?{ --- _snk1955@..._ (mailto:snk1955@...) wrote: > That sounds awful with your Sears windows. But are > you certain you would > want to become involved in a class action lawsuit? > As I understand it, many > times class actions settle with pennies on the > dollar going to the actual > plaintiffs. > > I think this is because they are so expensive to > litigate, so the attorneys > have to not only cover their costs, but they also > take a big chunk of the > settlement for their percentage. If you have one > person getting 30% of a > million dollars, and 1000 people getting the rest, > then the attorney would get > $300K, and everyone else would get about $6000 each, > minus the costs of > litigation. > > You should really should speak with an environmental > attorney with a > construction/ construction/<WBR>product defe > inclined to think it may be better for > you to go it alone for you. But maybe not. > Actually, you ought to see if > you can get Sears to step up to the plate and do the > right thing before you > consider litigation at all. > > Sharon > > Quote
Guest guest Posted September 6, 2006 Report Posted September 6, 2006 WHY? This stuff is not rocket science. And awards, considering the costs involved to the people injured, seem small when you look at how medical costs are going up and the fact that many people lose their health, careers, homes, etc. because of mold illness. There must be ways to bring the cost of litigating way down. For example, it seems as if expert testimony on a similar subject should be shared, once given under oath. If it isn't why isn't it? This could benefit BOTH plaintiffs and defendants in all thse kinds of cases.. paring the situation down to its essentials.. Is there anything in our court system that prevents this? On 9/6/06, bobbinsbiomed@... <bobbinsbiomed@...> wrote: > > Just an FYI, most PI attorneys are taking on average 45% for mold cases. > Some even more to take a case to trial. Mold cases because of all the experts > involved, are one of the more expensive types of cases to take to trial. > > > In a message dated 9/6/2006 8:22:03 AM Central Standard Time, > selenesgroups@... writes: > > There's a book called something like " chemical injury > and the courts " which discusses class action lawsuits > at length. yes, they typically settle for pennies on > the dollar and, while I don't think they're cheap to > litigate, the costs of litigation spread over the > large number of litigants make that an unlikely > explanation for the low per-person awards-- attorney > greediness and lack of accountability to clients-- has > a class ever fired its attorney? Dividing up the > settlement can be complicated-settlement can be co > was sued by its clients for how it divided up their > money-- how does a class say: " no, we want 3x what > they're offering, go back and offer ___?{ > > --- _snk1955@..._ (mailto:snk1955@...) wrote: > > > That sounds awful with your Sears windows. But are > > you certain you would > > want to become involved in a class action lawsuit? > > As I understand it, many > > times class actions settle with pennies on the > > dollar going to the actual > > plaintiffs. > > > > I think this is because they are so expensive to > > litigate, so the attorneys > > have to not only cover their costs, but they also > > take a big chunk of the > > settlement for their percentage. If you have one > > person getting 30% of a > > million dollars, and 1000 people getting the rest, > > then the attorney would get > > $300K, and everyone else would get about $6000 each, > > minus the costs of > > litigation. > > > > You should really should speak with an environmental > > attorney with a > > construction/ construction/<WBR>product defe > > inclined to think it may be better for > > you to go it alone for you. But maybe not. > > Actually, you ought to see if > > you can get Sears to step up to the plate and do the > > right thing before you > > consider litigation at all. > > > > Sharon > > > > > > > > > > > Quote
Guest guest Posted September 7, 2006 Report Posted September 7, 2006 Why, is a good question. Why do attorneys charge an average $250-$450 per hour to read a e-mail, fax a letter, answer a phone call? Because they can. Why do PI attorneys take an average of 45% or more to take a case to trial, because they can. On the other hand, contingency attorneys must make up for their losses to absorb their costs. As for the costs of taking a mold case to trial being reduced, this for now is not going to change. It is not a matter of sharing information. Most experts present very similar information if not the same. It is how this information is presented to a jury. It has to do with the skill of the expert in not only presenting information but answering the questions from attorneys. Cases are often won or lost on how skilled an expert may be rather than the information itself presented. However, what is presented to a jury by a skilled expert is not to be lost. Our hope is that from the work of Sharon and others this can help to begin to reverse the trend that has occurred in the last few years whereby defense has refused to settle out more and more mold cases (forcing them to trial where those cases are often lost.) In a message dated 9/6/2006 5:00:31 PM Central Standard Time, quackadillian@... writes: WHY? This stuff is not rocket science. And awards, considering the costs involved to the people injured, seem small when you look at how medical costs are going up and the fact that many people lose their health, careers, homes, etc. because of mold illness. There must be ways to bring the cost of litigating way down. For example, it seems as if expert testimony on a similar subject should be shared, once given under oath. If it isn't why isn't it? This could benefit BOTH plaintiffs and defendants in all thse kinds of cases.. paring the situation down to its essentials.. Is there anything in our court system that prevents this? On 9/6/06, _bobbinsbiomed@bobbins_ (mailto:bobbinsbiomed@...) <_bobbinsbiomed@bobbins_ (mailto:bobbinsbiomed@...) > wrote: > > Just an FYI, most PI attorneys are taking on average 45% for mold cases. > Some even more to take a case to trial. Mold cases because of all the experts > involved, are one of the more expensive types of cases to take to trial. > > > In a message dated 9/6/2006 8:22:03 AM Central Standard Time, > _selenesgroups@selenesgrosel_ (mailto:selenesgroups@...) writes: > > There's a book called something like " chemical injury > and the courts " which discusses class action lawsuits > at length. yes, they typically settle for pennies on > the dollar and, while I don't think they're cheap to > litigate, the costs of litigation spread over the > large number of litigants make that an unlikely > explanation for the low per-person awards-- attorney > greediness and lack of accountability to clients-- has > a class ever fired its attorney? Dividing up the > settlement can be complicated- settlement can be > was sued by its clients for how it divided up their > money-- how does a class say: " no, we want 3x what > they're offering, go back and offer ___?{ > > --- __snk1955aol (DOT) _sn_ (mailto:_snk1955@...) _ (mailto:_snk1955@..._ (mailto:snk1955@...) ) wrote: > > > That sounds awful with your Sears windows. But are > > you certain you would > > want to become involved in a class action lawsuit? > > As I understand it, many > > times class actions settle with pennies on the > > dollar going to the actual > > plaintiffs. > > > > I think this is because they are so expensive to > > litigate, so the attorneys > > have to not only cover their costs, but they also > > take a big chunk of the > > settlement for their percentage. If you have one > > person getting 30% of a > > million dollars, and 1000 people getting the rest, > > then the attorney would get > > $300K, and everyone else would get about $6000 each, > > minus the costs of > > litigation. > > > > You should really should speak with an environmental > > attorney with a > > construction/ construction/<WBR>product defe > > inclined to think it may be better for > > you to go it alone for you. But maybe not. > > Actually, you ought to see if > > you can get Sears to step up to the plate and do the > > right thing before you > > consider litigation at all. > > > > Sharon > > > > > > > > > > > [Non-text portions of this message have been removed] > > > > > > FAIR USE NOTICE: > > > Links > > > > > > > _Messages in this topic _ (/message/42229;_ylc=X3oDMTM0cGYwY3Zs\ BF9TAzk3MzU5NzE0BGdycElkAzQ1NDczBGdycHNwSWQDMTYwM DA2MTU4OQRtc2dJZAM0MjQ3MQRzZWMDZnRyBHNsawN2dHBjBHN0aW1lAzExNTc1Nzk4NDYEdHBjSWQ DNDIyMjk-) (6) _Reply (via web post) _ (/post;_ylc=X3oDMTJvZzZpYW9jBF9TAzk3M\ zU5NzE0BGdycElkAzQ1NDczBGdycHNwSWQDMT YwMDA2MTU4OQRtc2dJZAM0MjQ3MQRzZWMDZnRyBHNsawNycGx5BHN0aW1lAzExNTc1Nzk4NDY-?act =reply & messageNum=42471) | _Start _ (/post;_ylc=X3oDMTJjaGQ1cHAwBF9TAzk3M\ zU5NzE0BGdycElkAzQ1NDczBGdycHNwSWQDMTYw MDA2MTU4OQRzZWMDZnRyBHNsawNudHBjBHN0aW1lAzExNTc1Nzk4NDY-) Quote
Guest guest Posted September 8, 2006 Report Posted September 8, 2006 , Well said. I'd add another to the reasons why trials go the way they do. When the plaintiff and defense attorneys can't agree on what information will be presented to the jury, the judge will be asked to decide. This ruling from the judge occurs before the trial starts and can affect the direction the trial is allowed to go. Differences in competance and effectiveness behind the scenes between the lawyers can be glaring. And then the effectiveness may reverse in front of the judge and jury! As for cost, years ago before I got sick, I had a business contract dispute with a partner. I hired a low priced lawyer who ran the time card on me, didn't properly prepare and then was bamboozled by the other attorney (who charged 3 times more than mine) and I lost. I won on the appeal but my bill was much larger than if he had done his job the first time. Later, on another business matter, I hired a lawyer who was two times the cost of my first one. But he got the job done the first time and at one-third the total cost. Carl Grimes Healthy Habitats LLC ----- > Why, is a good question. Why do attorneys charge an average $250-$450 per > hour to read a e-mail, fax a letter, answer a phone call? Because they can. > Why do PI attorneys take an average of 45% or more to take a case to trial, > because they can. On the other hand, contingency attorneys must make up for > their losses to absorb their costs. > > > As for the costs of taking a mold case to trial being reduced, this for now > is not going to change. It is not a matter of sharing information. Most > experts present very similar information if not the same. It is how this > information is presented to a jury. It has to do with the skill of the expert in > not only presenting information but answering the questions from attorneys. > Cases are often won or lost on how skilled an expert may be rather than the > information itself presented. However, what is presented to a jury by a skilled > expert is not to be lost. > > Our hope is that from the work of Sharon and others this can help to begin > to reverse the trend that has occurred in the last few years whereby defense > has refused to settle out more and more mold cases (forcing them to trial > where those cases are often lost.) > > > > > > > In a message dated 9/6/2006 5:00:31 PM Central Standard Time, > quackadillian@... writes: > > > WHY? > > This stuff is not rocket science. And awards, considering the costs > involved to the people injured, seem small when you look at how > medical costs are going up and the fact that many people lose their > health, careers, homes, etc. because of mold illness. > > There must be ways to bring the cost of litigating way down. For > example, it seems as if expert testimony on a similar subject should > be shared, once given under oath. If it isn't why isn't it? > > This could benefit BOTH plaintiffs and defendants in all thse kinds of > cases.. paring the situation down to its essentials.. > > Is there anything in our court system that prevents this? > > On 9/6/06, _bobbinsbiomed@bobbins_ (mailto:bobbinsbiomed@...) > <_bobbinsbiomed@bobbins_ (mailto:bobbinsbiomed@...) > wrote: > > > > Just an FYI, most PI attorneys are taking on average 45% for mold cases. > > Some even more to take a case to trial. Mold cases because of all the > experts > > involved, are one of the more expensive types of cases to take to trial. > > > > > > In a message dated 9/6/2006 8:22:03 AM Central Standard Time, > > _selenesgroups@selenesgrosel_ (mailto:selenesgroups@...) writes: > > > > There's a book called something like " chemical injury > > and the courts " which discusses class action lawsuits > > at length. yes, they typically settle for pennies on > > the dollar and, while I don't think they're cheap to > > litigate, the costs of litigation spread over the > > large number of litigants make that an unlikely > > explanation for the low per-person awards-- attorney > > greediness and lack of accountability to clients-- has > > a class ever fired its attorney? Dividing up the > > settlement can be complicated- settlement can be > > was sued by its clients for how it divided up their > > money-- how does a class say: " no, we want 3x what > > they're offering, go back and offer ___?{ > > > > --- __snk1955aol (DOT) _sn_ (mailto:_snk1955@...) _ > (mailto:_snk1955@..._ (mailto:snk1955@...) ) wrote: > > > > > That sounds awful with your Sears windows. But are > > > you certain you would > > > want to become involved in a class action lawsuit? > > > As I understand it, many > > > times class actions settle with pennies on the > > > dollar going to the actual > > > plaintiffs. > > > > > > I think this is because they are so expensive to > > > litigate, so the attorneys > > > have to not only cover their costs, but they also > > > take a big chunk of the > > > settlement for their percentage. If you have one > > > person getting 30% of a > > > million dollars, and 1000 people getting the rest, > > > then the attorney would get > > > $300K, and everyone else would get about $6000 each, > > > minus the costs of > > > litigation. > > > > > > You should really should speak with an environmental > > > attorney with a > > > construction/ construction/<WBR>product defe > > > inclined to think it may be better for > > > you to go it alone for you. But maybe not. > > > Actually, you ought to see if > > > you can get Sears to step up to the plate and do the > > > right thing before you > > > consider litigation at all. > > > > > > Sharon > > > > > > > > > > > > > > > > > > > > [Non-text portions of this message have been removed] > > > > > > > > > > > > FAIR USE NOTICE: > > > > > > Links > > > > > > > > > > > > > > > > > > _Messages in this topic _ > (/message/42229;_ylc=X3oDMTM0cGYwY3Zs\ BF9TAzk3MzU5NzE0BGdycElkAzQ1NDczBGdycHNwSWQDMTYwM > DA2MTU4OQRtc2dJZAM0MjQ3MQRzZWMDZnRyBHNsawN2dHBjBHN0aW1lAzExNTc1Nzk4NDYEdHBjSWQ > DNDIyMjk-) (6) _Reply (via web post) _ > (/post;_ylc=X3oDMTJvZzZpYW9jBF9TAzk3M\ zU5NzE0BGdycElkAzQ1NDczBGdycHNwSWQDMT > YwMDA2MTU4OQRtc2dJZAM0MjQ3MQRzZWMDZnRyBHNsawNycGx5BHN0aW1lAzExNTc1Nzk4NDY-?act > =reply & messageNum=42471) | _Start _ > (/post;_ylc=X3oDMTJjaGQ1cHAwBF9TAzk3M\ zU5NzE0BGdycElkAzQ1NDczBGdycHNwSWQDMTYw > MDA2MTU4OQRzZWMDZnRyBHNsawNudHBjBHN0aW1lAzExNTc1Nzk4NDY-) > > > > > > > Quote
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