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Archive for September, 2012

« Older Entries

Wrongful death lawsuit for skier lies mostly on testimonies

Friday, September 28th, 2012

Taft Conlin, a young adult in Vail, Coloardo, died in a skiing accident at the Vail Resort. Whose fault it was, is still up for debate, as the resort is currently in the middle of a lawsuit filed by the victim's parents, which claim the company was negligent and, therefore, created an "avalanche trap."

According to the Associated Press, the defendant has asked the judge to dismiss the case because, according to court documents, "the incident resulted from 'inherent dangers and risks' of skiing.'" The company also states that it did not do anything to violate the Ski Safety Act in the state.

But, the family says that the resort did, actually, violate the act because they left a gate open on the lower part of a run. This allowed Conlin and his friends to follow the tracks of other who had skied that day by walking through the gate. By leaving a door open to a place that the resort has marked as dangerous, the family's lawyer, Jim Heckbert, said the company violated the act.

"The ski safety act says if you want to close a trail you must close all entrances to that trail," Heckbert told the Vail Daily. "That second gate was left open, and that violates the Ski Safety Act. If they violated any part of that statute, and they did, they are in violation of the act."

While there may not be any surveillance footage or third-party witnesses to show whether the gate was left open, most of what the judge has to go by is through deposition transcripts and witness testimonies. In order to ensure these documents are as accurate as possible, attorneys may want to partner with Wisconsin court reporters that are certified as real-time reporters.

Posted in All Posts, Court Reporting News | No Comments » | Add Comments

NRB prohibits DNR from creating emergency rules for wolf hunt case

Thursday, September 27th, 2012

As reported by this blog, there has been an uproar amongst a coalition of animal rights activists in Wisconsin on the use of dogs in the state's upcoming wolf hunt season. A situation, they claim, that could create dangerous dog versus wolf situations. New rulings have been made in regards to what the coalition is allowed to do, which may affect the judge's ultimate decision.

According to the Associated Press, the Wisconsin Natural Resources Board (NRB) refused to grant wildlife officials permission to draft new emergency restrictions on the use of dogs in the state's upcoming wolf hunt.

Dane County Circuit Judge Peter Anderson issued a temporary barring of hunters to use dogs while hunting wolves until he was able to make a decision. Department of Natural Resources (DNR) administrators were planning on potentially persuading him to lift the ban in time for the season to begin on October 15, but the (NRB) denied that ability in a 6-1 ruling.

According to the source, NRB Chairman Dave Clausen doesn't believe that the DNR can create regulations that will satisfy the judge as quickly as would be needed to take effect this upcoming season. Instead, the chairman say "he'd rather do nothing than create a bad rule."

As this blog has also reported, deposition and hearing transcripts can be essential elements in cases that require the testimony of many experts, which, in this case, would include wildlife professionals and scientists. In order to keep an accurate account of the statements for this case, litigators may want to partner with Milwaukee court reporters that are also certified realtime reporters and offer video deposition services.

Posted in All Posts, Wisconsin Legal | No Comments » | Add Comments

Deposition transcripts reveal cracks in Fort Lauderdale automotive accident paramedics

Wednesday, September 26th, 2012

In Fort Lauderdale, on October 15, 2001, Oral Brown was driving his SUV when he had a seizure and crashed through a fence in a flea market. When paramedics arrived, Brown was either unresponsive or combative, resulting in emergency medical staff cuffing his hands behind his back and binding his ankles together with legs bent behind him and wrists also tied to ankles. He was then strapped face down on a stretcher and transported to the local hospital where emergency room physicians unsuccessfully revived him.

The autopsy report states that Brown died due to accidental "positional asphyxia," which means he was unable to breathe in his position on the stretcher. The man's family is currently suing those involved in his rescue for malpractice. This lawsuit has shown a crack in some of the reports, exploited by the deposition transcripts of two individuals.

According to the homicide report, Glenn Bukata, a homicide detective for the county, interviewed the first responding paramedic Ken Loukinen after the incident. The report shows that Loukinen told Bukata that he saw the victim unresponsive and suspended from the seatbelt and then he placed a cervical collar around his neck, which is when the driver "became combative."

But, according to the South Florida Times, the official deposition transcripts rebuke this event as never happening. Furthermore, the detective's video deposition tapes corroborate this.

According to the tapes, when Loukinen was asked about the cervical collar, his memory gets a little fuzzy, saying that they may have had it on afterwards and that he doesn't recall.

While this case may be an outlier, it shows that having accurate and high-quality realtime court reporters can be the difference between one verdict and another. If lawyers in the Midwest wish to ensure that their clients are represented as best as possible, they may want to partner with Milwaukee court reporters that also offer video deposition transcripts.

Posted in All Posts, Court Reporting News | 1 Comment » | Add Comments

Wisconsin court reporters experience week of recognition

Tuesday, September 25th, 2012

Many professions may have a day or week out of the year that is used to recognize them and their hard work. As of Friday, September 21, Wisconsin court reporters have been enjoying their week of recognition for the outstanding hard work and dedication they've committed to their craft and the justice system.

As reported by this blog, court reporting is a historic and unique practice that has been entrenched in major moments of history, as a court reporter must be present for depositions, hearings or trials during many news-worthy moments.

These professionals must also be able to record conversations at realtime speed, and be certified. One court reporter, Karla Sommer, who is certified at 260 words per minute, spoke with WAOW-TV, a local ABC affiliate.

Sommer commented on how technology changes have brought the industry into a more accurate, fast paced medium. Going from longhand to a stenographer's machine, and now to technology that translates the deposition transcripts onto a screen that can be seen by both the judge and reporter, the industry has changed tremendously.

"The keyboard is totally different, every letter of the alphabet is not on the steno-machine, so I have to make a combination of letters to make another letter," Sommer told the source.

In addition to recording in courts of law, many court reporters are also commissioned by television broadcasters to supply realtime captions for major programs and broadcasts. Demand for this service is especially high with live sporting events, such as this past summer's London Olympics.

In addition to these technological advances, video deposition services are becoming an increasingly used feature in the industry. For the most accurate deposition transcripts, lawyers may want to partner with Milwaukee court reporters that can provide video deposition services.

Posted in All Posts, Court Reporting News | 2 Comments » | Add Comments

Survey: Federal government could save $8 billion with videoconferencing services

Monday, September 24th, 2012

As reported by this blog, videoconferencing is quickly becoming a mainstay in the way many organizations operate. This is has gone beyond just court systems and corporate job interviews, and is predicted to continue its expansion. In fact, new research has revealed that the federal government could save millions of dollars from implementing videoconferencing services.

In fact, according to a report by Telework Exchange and the videoconferencing service Blue Jeans Network, if half of all Federal workers were to use videoconferencing technologies, the government could potentially save $8 billion annually.

In addition, 84 percent of the report's surveyed respondents say they expect videoconferencing usage to increase in the next five years in the federal government. Another 92 percent agree that the technology can help save tax dollars and 73 percent say that videoconferencing would help projects get completed faster.

Furthermore, 78 percent of respondents believe the greatest benefit of videoconferencing services is the amount that will be saved in reducing travel. The technology can also aid with improved collaboration, reduce carbon footprints and create a better work-life balance allowing employees to work remotely.

"The report findings support our relentless focus on making video conferencing as simple as an audio call in order to have government and non-government organizations alike benefit from better productivity and the cost savings associated with video conferencing," said Stu Aaron, chief commercial officer of Blue Jeans Network.

While the technology is still evolving, it's already experiencing widespread usage in court systems nationwide. Although many counties may be unsure of whether to implement the technology, lawyers in the Midwest can rely on Milwaukee court reporters that offer video deposition services to provide the most accurate deposition transcripts with an accompanying video record.

Posted in All Posts, Video Conferencing | No Comments » | Add Comments

Deposition transcripts reveal district attorney’s work history

Monday, September 24th, 2012

Elections for a public office can often become brutal tests for many candidates. While the Presidency is often the pinnacle of this, many local offices are subject to such scrutiny. In a recent case, David Soares, the current District Attorney (DA) for Albany County in New York had light shed on the consequences of some of his decisions as DA through the release of deposition transcripts.

According to the Albany Times Union, the 145-page transcript shows that Soares was admonished by a judicial panel for the way he described the owners of Signature Compounding Pharmacy, who are facing indictment for a steroids-related case.

Soares described the owners as akin to Tony Montana, according to the source, a fictional cocaine kingpin from the movie "Scarface." These comments were made in an interview with a local paper which published the comments, sparking the defendants to accuse the district attorney of defamation.

In addition, the transcripts revealed the the DA was reprimanded a second time for comments he made about the investigation of a police chief, who had been found guilty of gambling at a local casino while on the clock.

"I don't believe I had a right to say whatever I wanted," Soares told reporters. "I believe what I did say was protected speech and [I was] expressing an opinion."

With election day right around the corner, these exposing transcripts may hinder Soares' ability to get re-elected. Regardless, it's clear that deposition transcripts are highly upheld in court and are critical components to a successful and thorough litigation. Lawyers in the Midwest may want to contact Wisconsin court reporters that offer video deposition services to ensure a quality hearing.

Posted in All Posts, Court Reporting News | No Comments » | Add Comments

Deposition transcripts play critical role in art-sale lawsuit

Friday, September 21st, 2012

One of the few products that never depreciates is artwork. This may be why one of the industries to never get slowed by the economy is modern art. But, every now and then, through the convoluted buyer and seller system, something can go awry.

Larry Gagosian, who owns 11 high-end, art galleries across the world, is being sued by collector Jan Cowles for allegedly selling a classic 1964 painting by Roy Lichtenstein called "Girl in Mirror" without his consent – and for half price. According to Bloomberg, Gagosian is accused of fraud, breach of fiduciary duty and unjust enrichment. Gagosian allegedly withheld critical information from the buyer to "enrich himself."

In January 2009, Deborah McLeod, the senior director of the Gagosian gallery in Los Angeles, offered the Lichtenstein painting to Thompson Dean, a CEO of Avista Capital Partners, for $3.5 million, according to the lawsuit's deposition transcripts. Dean didn't bite, though.

Then in June 2009, Charles Cowles, who owned the gallery the work was being hung in, announced he was closing. McLeod reached out to Dean once again, stating that the "seller [is] now in terrible straits and needs cash. Are you interested in making a cruel and offensive offer?" Dean offered half price.

McLeod said, "that's approximately half price, so I like it!" According to McLeod's deposition, what she meant to say was that the price is fair, because in 2009 most works were only going for half-price.

"I like it, market is off about half, this is about half price, I like it," she said, according to the deposition transcript. The way in which McLeod represented both the buyer and the seller is fueling the lawsuit, and complicating the deposition transcripts.

As Gagosian's lawsuit involves many characters, email exchanges and recanting, it's crucial that litigators use the best court reporters. Lawyers in the Midwest who, regardless of the case, want to provide their clients with the most accurate deposition transcripts, should partner with Milwaukee court reporters.

Posted in All Posts, Court Reporting News | No Comments » | Add Comments

Using videoconferencing services to avoid missed depositions

Thursday, September 20th, 2012

Ask any lawyer or court reporter – missing a deposition is taken very seriously in courts of law. While some scenarios may prevent individuals from being able to attend a deposition, these events should still maintain precedence above any other. The consequences of this are exemplified through a few very public figures.

Professional boxer Floyd Mayweather is being sued by competitor Manny Pacquiao for skipping a deposition last year, which was part of a much larger lawsuit for defamation against Mayweather who, allegedly, accused Pacquiao of using performance enhancing drugs.

Mayweather was seen at a nightclub in Atlanta when he was supposed to in a deposition  in Las Vegas. According to Yahoo!, Judge Larry Hicks has ordered Mayweather to pay Pacquiao's attorney fees and court costs, which amount to roughly $190,000.

Another example comes from Oakland, California where Mayor Jean Quan canceled an all-day deposition hearing on August 30 for September 25. Her reasoning was that she had to appear before a last-minute City Council meeting.

When asked by the San Francisco Gate whether Quan plans on attending the next deposition date she said, "I absolutely plan to. I didn't plan to have a closed session. I had to do it."

Quan is currently tangled in litigations alleging that the Oakland Police Department have failed to implement a litany of reforms that were required after a 2003 court order. Those reforms include the improvement of monitoring officers who aggregate "use-of-force complaints," to tighten internal affairs investigations procedures and to filter out racial profiling.

If litigators in the Midwest area expect that someone they must depose will not be able to make the meeting, they may want to partner with Wisconsin court reporters that offer videoconferencing services or videography deposition services to create a more flexible arrangement.

Posted in All Posts, Videography Deposition | No Comments » | Add Comments

Wisconsin attorney general appeals ruling of union law

Wednesday, September 19th, 2012

A controversial Wisconsin state law that was passed last year hangs in the balance of a few lawyers and attorney generals in the state's court system. The law, which blocks public employee unions from collectively bargaining over contract terms besides wages, was recently found as unconstitutional in the Dane County Circuit Court.

But, Wisconsin's attorney general J.B. Van Hollen made a move to block the ruling that struck down the law, which effectively ended collective-bargaining rights for most public sector unions. Van Hollen did this by filing a motion to stop Judge Juan Colas's ruling that found the law to be unconstitutional and violated freedom of speech, along with association and equal protection rights.

"In the absence of a stay, public employers all across Wisconsin will face a confusing array of changing bargaining environments," wrote Van Hollen in his decision.

The attorney general told media sources that he plans to appeal the court's decision and that he is confident in this move. The Wall Street Journal reports that Van Hollen also filed this motion on behalf of Governor Scott Walker, who introduced the law after taking office in January 2011. The initial installment of the law led to a series of protests and demonstrations at the State Capitol building. In fact, the law led to a recall of Governor Walker's position in June, which he survived.

As this complicated lawsuit continues to progress, lawyers may need the most accurate deposition transcripts they can acquire to ensure they are at their best. In this pursuit, litigators should partner with experienced Milwaukee court reporters that are also registered real-time reporters.

Posted in All Posts, Wisconsin Legal | No Comments » | Add Comments

Southern Illinois county implements videoconferencing in courtrooms

Tuesday, September 18th, 2012

With new technologies come better opportunities, as videoconferencing becomes more widely available for not only major business conferences and tiny cameras in consumer laptops but also in the court of law. In fact, according to the WJBD Radio in Southern Illinois, Marion County has announced that it will begin implementing the use of videoconferencing services in its courtrooms as a means to increase efficiency and bring down expenses.

"We want this in as quick as possible. The video conferencing is going to save us manpower because it's dollars," Terry Johnston, board chair, told the source. "It's also a safety issue bringing the prisoners from the jail to the courthouse so we will have a conference camera set up in the law library, one in the small courtroom to do it … As far as the security cameras go, this is something we've been working on for two years and I just feel really strongly in this day and age that we need to bale to make sure that office holders, employees and general public that comes into this place can feel safe and secure."

According to the source, the videoconferencing equipment is going to be funded through the $18,000 raised by selling old squad cars and county vehicles along with additional savings already set aside for the project.

By implementing the videoconferencing equipment into its courtrooms and procedures, Marion County lawyers and judges will be able to more efficiently communicate with convicts and those that are unable to make it to the events in-person due to other reasons. This will allow the county to save on many operational costs such as transportation and manpower.

For other counties and courts in the Midwest that want to use the efficiency this technology allows, partnering with Wisconsin court reporters that offer videoconferencing services for anything from depositions and hearings to job interviews can provide the offerings they are looking for.

Posted in All Posts, Video Conferencing | No Comments » | Add Comments

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