The Plaintiff Chris Kolb was a salesman for a company known as CTA in Madison County, Alabama. CTA sold robots and robotic systems for applying paint and stealth coatings. These products and services were mostly sold to government contractors such as Boeing and Lockheed Martin. In May of 1999 Kolb was promoted to a salesman. As a part of this promotion Kolb signed a written contract that paid him the same base salary he was previously earning with the company but also entitled him to earn commissions. Attached to the contract was a detailed commissions schedule that outlined how the commissions were to be calculated. (It was not simply a percentage of the sale). Kolb worked under this contract from May 1999 to October 2003. During this time frame, Kolb sold over $23M worth of product and services for CTA. In October 2003, he signed another written contract that increased his salary and promoted him to VP of Sales. This October 2003 contract eliminated Kolb’s right to receive commissions on future sales. In October 2003, CTA began to negotiate the sale of the company and it was officially sold to Pratt & Whitney Automation in June 2004. [Read more…] about M&B Receives $1.6 Million Dollar Verdict in a Breach of Contract Case
General Civil Litigation
We would like to congratulate M&B attorneys Mac Martinson and Doug Martinson, Jr., for recently receiving Martindale Hubbell’s highest Peer Review Rating of AV. To be eligible for a the AV rating an attorney has to have been practicing for 10 or more years. During this review process Martindale Hubbell anonymously selects numerous attorneys who have worked with or against the reviewed attorney and ask them a series of questions concerning the candidates ethical standards and their legal ability. Based upon these responses the candidate is rated and if they meet the established criteria they are given a rating. An AV rating is a rating of 4.5 – 5.0.
The Huntsville Alabama Attorneys at Martinson and Beason have over 140 years of combined legal experience. [Read more…] about M&B Attorneys Receive AV Rating from Martindale Hubbell
A recent article by the AP notes that over half the Federal Judges in the southern states of Alabama, Florida, Mississippi, Louisiana, and Texas have links to the oil and gas related industries. The article “Many Federal Judges Have Oil Links” raises serious questions about whether a Judge who has an interest in the oil and gas industry should preside over these Oil Spill Claims. Currently there is a fight amongst BP’s attorneys and various Plaintiff’s attorneys as to which Judge(s) should preside over these cases. The ethics rules on this subject are at best fuzzy. Essentially these rules state that a Judge who has a direct financial interest -owns BP stock-would be disqualified from hearing such a case; however, if they own a mutual fund which has oil stocks as a part of its makeup they do not have to disqualify themselves. The handling of the over 200 filed lawsuits over this disaster may become a little clearer once the U.S. Judicial Panel on Multidistrict Litigation meets next month to hear arguments on consolidation of the oil spill cases.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from harassment and abuse from debt collection agencies. The FDCPA requires debt collectors to validate debts and provides consumers with statutory damages and attorneys’ fees for violations. Examples of violations of the FDCPA include:
- Calling the consumer at work after the debt-collector has been told that it’s inconvenient or that the consumer’s employer prohibits personal calls.
- Telling others such as family members, co-workers, and neighbors that the consumer owes money.
- Continuing to contact the consumer when the debt-collector knows that an attorney represents the consumer.
- Calling repeatedly, or calling consumers before 8 a.m. or after 9 p.m.
- Asking neighbors to deliver phone messages to the consumer.
- Falsely implying that a debt collector is an attorney. [Read more…] about Consumer Rights Under the FDCPA
As Alabama Consumer Rights Attorneys, we know how important it is for consumers to check their credit report and verify everything on it. In today’s computer age when people are routinely paying bills and making purchases etc… on the internet your identity is more likely to be stolen now more than ever. Set forth below is how any consumer can obtain a yearly free copy of their credit report. Be careful; however, there are many companies out there that say they can get you your free credit report, but what they don’t tell you is you have to sign up for a monthly service.
The Fair Credit Reporting Act (“FCRA”) is a federal law that provides consumers with rights and remedies. It is important to consumers for credit reporting agencies (“CRAs”) to maintain accurate and complete consumer credit records. Consumers have the right to know what is in their file. Consumers are entitled to one free credit report from each of the three nationwide CRAs (Equifax, Experian and Trans Union) once in a 12 month time period. The CRA must provide the consumer with their credit report within fifteen days of receiving the request. [Read more…] about How to Obtain Your Free Credit Report
Huntsville Trial Lawyers George Beason and Morris Lilienthal received a jury verdict for their client in a breach of contract case last week. The jury trial centered on commissions owed from a car dealership to one of its former salesman. After a two plus day trial the jury returned a verdict for the Plaintiff awarding him most of the damages he was seeking in the matter. Our client was extremely satisfied with the result we were able to obtain and we were very excited to see the system continue to be a venue for the little man to stand up to Corporate America. While most civil cases do settle prior to trial, it’s important in selecting an Alabama personal injury attorney to hire one that has courtroom experience and is willing to take the matter to trial to achieve the best possible result for their client.