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  • Posted on 7/28/2015 Is a Fitbit putting your legal case at risk?

    Fitbit’s tracking function can be valuable evidence in many lawsuits. Technology can be fun to use, it can also be useful. But like any technological device it can be used to prove you are lying or be misused and provide a false impression. Evidence is what lawsuits are all about. Evidence creates an impression about the truth. Sometimes those impressions are right on and other times they are misleading the fact finder. All good lawyers have had the experience of one fact changing everything about the case which leads to a completely opposite conclusion. A verdict can be right or wrong depending on the evidence not presented.




    Does the defense want to know if you use a Fitbit? How should you answer that interrogatory? If the first time you think about this is after you file suit, then you are already in trouble. Fitbits aren't perfect nor is the information they produce. But they are evidence nonetheless. I predict these GPS data points will become more and more important in the practice of personal injury and workers' compensation claim litigation. Attorney Lombardi




    I recall a young man being found not guilty by providing evidence using a mileage log he kept of trips he took. His mileage logs proved to a jury he could not have been present at the murder scene. That was a murder case from the 1980's involving Larry Scalise. Logs to show times, dates and locations can be important in many cases. This is why the Fitbit might provide evidence needed by one side or the other in any lawsuit. 




    A Fitbit is a wrist band that electronically tracks steps, distance, calories burned, floors climbed, active minutes and sleep. It includes a caller ID. Some track continuous heart rate. Others include the ability to track other types of activities like bike riding, running, walking and step climbing. Attorney Lombardi uses one and is familiar with the limits of the type he uses. If you wear one and are in a lawsuit you should know what yours shows and how it works along with what makes it not work accurately. 




    I am familiar with Fitbit’s tracking function for working out. In a recent article on the ABA website the author outlined several instances where those bits of tracking information were used as evidence to either convict the person of lying or to show sleep status. I know from use that the sleep tracking function is not very accurate. You should be aware that some lawyers are seeking the production of Fitbit data in criminal, personal injury and workers’ compensation cases. Like a lie detector test you can’t trust this technology to be accurate and rather than argue about what the data points show or don’t show you may want to remove the bracelet if you are involved in any litigation that focuses on your activity level. The same goes for cell phone GPS tracking.



    Liars beware: Fitbit and other technology may expose you



    This is pretty unusual from what I know of the rules of evidence; but in reality she may not have been lying. The Fitbit isn't perfect and sometimes records activities, like being awake, when you are sleeping restlessly. So what they believe to be a lie may actually not be. In order to establish a foundation for admission of this evidence an expert would be required to testify as to its reliability. Without Fitbit's propriety algorithm it is doubtful the Fitbit tracking record would be allowed into court. This is my opinion; courts across the country might disagree. 

  • Posted on 7/27/2015 Paraplegic back to using Calvin Williams as his alias

    I received several calls over the past two weeks from lawyers practicing in Oregon, Vermont, New Mexico, Pennsylvania and Tennessee. The caller has been identifying himself using the name Carl Torrence reporting he was struck by a UPS truck driver in a Lowe’s parking lot. The settlement amount being offered varies but the story remains the same – he is going to be evicted if he can’t come up with several hundred dollars. He is either going to be homeless or sent to a nursing home, which he desperately would like to avoid. His landlord is either in need of the rent money for his wife’s alleged breast cancer or her education (new fact) and without it he will be pressed to evict. You are then placed in the position of offering to pay the rent to save the lawsuit.



    Here is one version of the scenario.




    I could see where he was heading with the back rent story so I said "I wish I could lend you the money, but it is a disciplinary violation for a lawyer to do that so I cannot".  So MY Javonae, aka Calvin Williams, did not ever press me for money.  I spoke directly to the landlord and suggested to him that if he could just wait a few months, Calvin would be able to offer him more than just the three months’ rent.  The landlord said, in a deep, deep southern drawl, that his wife needed the money for "educational expenses".  The landlord sounded like he was 75 years old and I kept wondering what possible educational needs his wife might have unless she was a LOT younger.  Boy had he robbed the cradle.  Anyway, he wrote me off by saying "I cannot place this boy's needs ahead of my wife's".  What a heartless bastard.  And cradle robber.




    There may be more than one person or one person who imitates several voices that include the paraplegic, the landlord and the brother. The method of money transfer has recently changed from GreenDot Cards to Western Union. We have several receipts to show an identity of a person picking up the money.



    This scam is changing slightly but the basic facts remain the same. If you have been contacted and find our blog please send us your details so we may keep up with the latest facts.




    He used 9/12/87 as his DOB, an address of 133 Maple Street, Columbus MS 39702 and a phone number of 985-519-3971. The phone shows up as LA (Louisiana).




    He called back 7/6/15 and asked that paperwork be faxed to Office Depot in Columbus MS (fax #662-328-2778).



    And then this story out of Philly:




    I was contacted by a potential client with similar facts-I was told his injury took place in Lowes in Philadelphia where he was paralyzed in a work related incident.  He called at 1:15 pm and told my staff he was going to sign a release with his WC carrier at 3:00 and his landlord was going to take him to sign it in order to get three months back rent.  He was allegedly living in Mississippi at the time.  His phone number was 225-828-9794.




    If this man were to put his energy into a legitimate enterprise there is no telling what he could achieve.



    BLOG LIST:




    1. Other blogs about the FedEx and WalMart Scam:

    2. November 18, 2013: Law Practice: The Paraplegic Scam and the story of Po Javontae – Des Moines, Iowa.

    3. December 9, 2013: Breaking News: Javontae's paraplegic scam, moves from Iowa to California! - California

    4. December 13, 2013: Breaking News: Hot off the Dysfunctional Press from the Lombardi Law Firm! – Spokane, Washington

    5. December 15, 2013: More Breaking News: Where is Waldo? He’s in New Haven, Connecticut

    6. December 18, 2013: Does Waldo own a jet? – The Big Apple, New York, New York

    7. December 21, 2013: Paraplegic scammer attempts his scam on lawyers in Baltimore, Maryland

    8. January 14, 2014: News Update: Fed Ex and Walmart Scammers in New Jersey

    9. January 22, 2014: Let’s Rock & Roll with Po Javontae, Baltimore, Maryland - Javontae is back trolling again in Baltimore, Maryland, slight change of reported facts. He’s changed his address to: Napoleon, 111 East Little Texas Road, Louisiana  70390. This lawyer did not bite.

    10. January 27, 2014: Contacted by lawyers in West Virginia. Legal Scam: Javontae is back, this time in West Virginia

    11. February 7, 2014: February, 7, 2014: Do Louisianans have too much time on their hands? West Virginia

    12. February 12, 2014: Guess who is back? You guessed it Javontae! | Lombardi Law Firm – Los Angeles, California

    13. February 18, 2014: FedEx-WalMart Scam Update: What Babe the Blue Ox Has in Common with Javontae?

    14. February 24, 2014: Lawyer Scams: What makes them all similar?

    15. February 25, 2014: Javontae Holloway: This scam is all hat and no cattle.

    16. March 4, 2014: Javontae Holloway: This burner phone scammer has an Ohio Version

    17. July 10, 2014: Update: Javontae Holloway the Chameleon, or Should I Say “PIG!”

    18. August 7, 2014: Updated: Javontae Gowdy, a new name for an old scam artist

    19. August 13, 2014: A New Name – An Old Con Game

    20. August 25, 2014: The Fed-Ex and Walmart Scam for Dummies

    21. September 22, 2014: Dread Pirate Roberts, A New & Improved, Javontae Holloway

    22. November 21, 2014: Law Practice: The Paraplegic Scam and the story of Po Javontae

    23. December 22, 2014: Javontae aka Troy Williams Gets an “A” For Effort

    24. January 11, 2015: Latest Update, Iowa, Louisiana, New York

    25. June 18, 2015: Paraplegic Scam: I Now Know Who You Are Javontae

    26. July 7, 2015: Law Office Scams – Another One Bites the Dust!

    27. July 20, 2015: Javontae back to using Calvin Williams as his alias, along with other aliases

  • Posted on 7/24/2015 Another Fine, for JP Morgan $125 Million

    To settle allegations involving the sale of credit card debt JP Morgan Chase & Co. is reported to be paying $125 million. $50 million is for restitution.




    The nation's largest bank has been accused of relying on robo-signing and other discredited methods of going after consumers for debts they may not have owed and for providing inaccurate information to debt buyers.




    The states will split $95 million and the U.S. Consumer Financial Protection Bureau will receive $30 million. Iowa’s Attorney General has been leading the charge.



    See Exclusive: JPMorgan to pay over $125 million to settle U.S. credit card debt probes



    See also our blog: Robocalls of 153 gets a $230,000 Penalty



    According to a later press release Iowa will get $1.5 million which includes $1 million in attorney fees to Iowa as lead counsel in this class action suit. 

Des Moines Accident Attorney Serving All of Iowa And Answering Questions About Personal Injury Accidents

Straight talk when you need it most.

Exploring Recent Personal Injury News From Around the State of Iowa

What's my case worth? What should I do right after the accident? Why is the case manager working against me? These are all questions we are often asked and the answers can be found right here at the Iowa Injury Law Center. If you have a question that isn't answered or just want to talk to a personal injury lawyer, contact Steve or Katrina by dialing 515-222-1110 or writing to sdlombardi@aol.com or katrina.schaefer8@gmail.com. They look forward to speaking with you.

Personal injury law is our business and for the past 30+ years Steve Lombardi has assisted over two thousand clients with personal injury. Clients come from all over Iowa, we do travel and have handled cases in most of Iowa's 99 counties. Steve has handled cases in Montana, Nebraska, Minnesota, Missouri, California, Florida and Texas just to name a few. Let us help you or at least help you get to the right attorney. Currently the worst personal injury cases come from interstate highway accidents, drunk driving collisions, rollover accidents, work related injuries, explosions, electrocutions, falls and spinal chord injuries. We've handled most every type of personal injury case in Iowa and would like to evaluate your case. So call us before you talk with the insurance adjuster.  




Free Legal Questions  


http://www.lawguru.com

We pride ourselves on telling you what you need to hear, not necessarily what you want to hear.

Accidents.  They happen anywhere, anytime.  You cut your finger with a knife in the kitchen.  You spill your morning cup of coffee.  You slip on a patch of ice and fall.  Accidents at home are painful and perhaps embarrassing but certainly manageable.  When they happen on the road or on the job, however, they can become a real challenge to putting food on the table and paying the bills. The insurance industry is not there to treat you fairly, because what is fair to you may not be considered fair to them and their insured. You need good representation; someone to help you understand how to win. Keep in mind the insurance industry wants you to lose.

Whether you’re involved in a serious car wreck, an accident with a truck, or hurt on the job, you’ll find yourself potentially out of work and out of money.  What if you lose your eyesight or a limb?  Your bills will pile up, especially those never ending medical bills that can result in your insurance company raising rates or worse yet, refusing to cover you.

Even though you’re the victim, it will seem as if nobody wants to help you and everyone who is supposed to be helping you, wants to blame you. Trying to handle the situation without professional assistance can be just as terrifying as the injury itself.  

At these times, personal injury attorney Steve Lombardi and Katrina Schaefer can help.  With over thirty years of experience representing personal injury clients in central Iowa, Steve knows the law and can help you to achieve THE BEST result.   His practice includes personal injury cases; car, truck, motorcycle, and boat accidents; major injury cases including brain damage, loss of limbs, loss of eyesight, death and surgical cases; workers’ compensation; professional malpractice; and a limited number of divorce cases in which significant and valuable property must be divided.

Lombardi Law Firm is located in West Des Moines, Iowa, and serves clients from Polk, Dallas, Madison, Warren, Clarke, Cerro Gordo, Jasper, Linn, Wapello, Clinton, Scott, Pottawattamie, Muscatine, Lee, and Johnson counties, including accidents occurring along the interstate highways I-80, I-35, I-235, and I-380.

Steve Lombardi is the kind of lawyer who cares deeply about his clients.  Just like many of his clients, he too has experienced the breakdown of the health-care system.  When he was thirteen, his father died of lung cancer. For two years before his father’s death, the primary care physician diagnosed a pulled muscle. No x-ray was taken. Had this simple test been ordered the lung cancer may have been diagnosed and his life saved. He died two years after a specialist ordered an x-ray. Before going to law school he had never been in a lawyer’s office, because his family couldn’t afford legal services. Today he is there for his clients.

From those experiences, he draws a great desire to help his clients win their cases involving any type of malpractice, and serious injury, a desire to help his clients find some justice in an imperfect world.  He prides himself on always telling clients what they need to hear not just what they want to hear.

In the pursuit of justice, Steve Lombardi believes his clients are necessary partners in building the evidence that will be used in court:  active, responsive clients with some understanding of the process have the best chance of success.  He is passionate about the work he does and enjoys working closely with his clients to collect the evidence supported by the legal theory.  He believes there are no small issues in a case because every detail could turn a case in the client’s favor. 

Steve Lombardi works very hard to positively impact his clients’ lives.  And while he recognizes that not every case can be won, he simply hates to lose.  Justice delayed is justice denied. You can be sure Steve Lombardi will use all of the legal tools available to fight for you, and to win your case.

So call us and let us HELP YOU TO HELP YOURSELF!

Adventure Travel

The adventure travel business is big in the United States and for that matter all over the world.  In the year 2000 the estimated worldwide revenue was $154 billion and was growing at a 20% annual growth rate.  See Adventure Travel Industry Growth Statistics, Christina Heyniger, Xola Consulting. This industry is unregulated and the certifications the guides obtain are of limited comfort because the associations regulating those guiding services have no enforcement mechanism. The release documents the adventure travel customers sign completely relieves the guiding service of any wrongdoing these Generation X "kid" guides do on the trip. I've travelled all over the world and have some observations from my experience. I invite others to join in with comments and if you write to me I'll respect your privacy, if you want me to, and will use your experiences, both good and bad to make everyone aware of the pitfalls. So come join us with Adventure Travel.

Ag-Law Farm Accidents

Iowa farm families when suffering accidental injury can count on the Lombardi Law Firm to assist them in handling their insurance claims. If you need assistance with an insurance claim give us a call. We handle accidental rollover cases, highway collisions, injuries by equipment, grain dust cases, grain bin suffocation cases, explosions, burns from explosions and electric shock, electrocutions and chemical poisonings. If your accident isn't in this list, call us to see if we can assist you. For 30 years we've helped Iowans just like you to recover fairly. Call us at 515-222-1110 or write to Attorney Lombardi at sdlombardi@aol.com

Boating Accidents

Boating safety is a major concern for those who own or operate a boat on Iowa's lakes and rivers. On this site we focus on boating safety and how boaters get themselves in "hot water" with liability. If you're hurt while on the water you should immediately contact a quallified attorney and seek legal advice about how to gather and preserve the evidence you may later need to protect your rights.

Campus and School Accidents

Going to college is an exciting time in a young adult's life. But the college life is one where freedom causes those not yet ready for responsibility to experiment with the bounds of reason leading to unique ways people are injured. Join us at Lombardi Law Firm as we catalogue the university milieu and personal injury in America.

Car and Tractor Trailer Accidents

Although tractor trailers are a vital part of the American economy, their presence on the roads presents a significant problem while car drivers fail to respect them. The accidents are often severe, resulting in spilled products, bad wrecks, and possible death. If you are injured in an accident involving a tractor trailer along the highways of central Iowa, Steve Lombardi of the Lombardi Law Firm in Des Moines can help you handle these troubling times. Call 515.222.1110 for a free consultation.

Car Damage Property Accident Lawyer

With over 30 years of Iowa property damage and personal injury accident law we provide the law experience you need to maximize your personal injury recovery in any property damage case. If you have questions about property damage here are the answers to your questions. Due in part to the number of questions we get about property damage and how to settle the property claim after an accident the Lombardi Law Firm has created this page with a list of commonly asked questions. If your suit has significant personal injury or death claims we invite you to contact us about your case, but due to the time involved in answering questions (and the fact we still have to pay the bills around here) we do not allow non-client questions for just property damage. Clients may contact us at 515-222-1110 or 800-383-0331 or sdlombardi@aol.com.

Client Trial-Deposition Preparation

Lombardi Law Firm believes in trial preparation. We don't rely on luck to win your case. Instead we prepare you from the first moment we talk with you. What we do is listen to how you talk, think and most importantly answer questions. You can be successful if you are prepared correctly. Not all attorneys take the time to properly prepare their clients. We do.

Construction Site Personal Injury Accidents

Construction Site Personal Injury Accidents - Despite attempts to improve safety at construction sites by updating the regulations about equipment and producing detailed safety information, construction sites remain one of the most dangerous workplaces. If you are injured while working on a construction site, contact personal injury attorney Steve Lombardi as soon as possible to help with getting the relief you’re owed.

Criminal Law

Criminal law in Iowa is an interesting exercise in police power and the State of Iowa flexing it's muscle to collect fines and police the state. If we can help you find the right legal counsel to defend you against criminal charges contact Attorney Steve Lombardi at sdlombardi@aol.com or 515-222-1110. 

Dog Bite Accident Lawyer

With over 30 years of Iowa personal injury accident law we provide the law experience you need to maximize your personal injury recovery in any dog bite case.

Drunk Driving Iowa Personal Injury Accidents

Drunk Driving, Alcohol and Personal Injury and Wrongful Death Accidents in Iowa

Guns & Handgun Rights

If you want to carry or (buy) acquire a handgun, rifle, or revolver and you’re running into obstacles, the Lombardi Law Firm is here to help.  Based in Polk County, Iowa, lawyers Steve Lombardi and Katrina Schaefer practice statewide and are prepared to guide you through the getting, keeping, or renewing your permit to acquire or permit to carry weapons. And if you are a gun owner and need legal help we are here to help you with your legal problems.

Here are some of the services we can provide:

  • We can help you apply for a permit to acquire.  If you don’t already have a permit to carry, then you need to get a permit to acquire if you want to get a pistol or revolver. This is a fairly simple process.
  • We can help you apply for a permit to carry.  If you want to carry a loaded firearm in public in Iowa, you need a permit to carry.   We can help you apply.  Need help becoming eligible?  We can help.  Need to know what rights your permit to carry gives you?  We can help you there too. We can also direct you to where to take the concealed or carry permit instruction course.
  • We can defend you if you’ve brought your gun somewhere you shouldn’t have.  Did you bring your gun into a business that has a policy against guns?  Are you facing a trespass charge for being ready to defend yourself?  Need to know whether your firearm needs to be concealed or whether you can carry it openly?   Come to us to and we can help you protect your gun rights.
  • We can help you if your permit has been denied, suspended or revoked.  Maybe you’ve run into trouble with the application process, or maybe you just received notice that an annual background check has placed your right to bear arms in danger.  You can appeal any decision to deny, suspend or revoke your permit to acquire or permit to carry.  And we can help.

Hip & Knee Implants

Hip and knee replacement devices have come under increasing scrutiny in the last few years, as manufacturers began to recall certain types of these implants. One type of hip implant, and perhaps the most controversial at this time, is called a metal-on-metal bearing. With knees we're starting to see Zimmer's NexGen CR-Flex Porous Femoral component product questions.

I-35 I-80 I-235 I-380 Collisions/Accidents

Interstate highways 80, 35 and 235 personal injury lawyer teams up with lawyers from Minnesota, Iowa, Oklahoma, Illinois, Texas and all other states to provide information to those injured or the families of those killed in accidents and crashes with semi-trucks, motorcycles, cars, SUV's, mini-vans and those working on the highways (State Troopers, highway workers, DOT maintenance workers and others. ) Contact any of these firms for assistance. Steve Lombardi, 1300 – 37th Street, Suite 6, West Des Moines, Iowa 50266 (515)222-1110.

Large Damage, Major-Serious Injury and Death Cases

Damage cases involing death, brain injury, traumatic head injury, spinal injuries, loss of a limb or eyesight or hearing. Most law firms shoe every horse that comes into the barn. We won't and don't. We say no to most cases. We say "yes" to large damage cases so we can focus on getting you the best result.

Motorcycle, Bike and ATV Accident Lawyer

With over 30 years of Iowa personal injury accident law we provide the law experience you need to maximize your personal injury recovery.

Lottery, Gaming and Games of Chance

Winning the Lottery is more than Just Dumb Luck. - You can’t win a lottery without turning in a ticket.

As much as you may want to think this is about fairness, it’s not; it’s about playing by the rules you agreed to when you bought a lottery ticket that is later picked as having the winning numbers.

Don’t fool yourself into thinking you won the lottery when you can’t produce the winning ticket. To win the lottery you have to do several things.

  1. Be old enough to legally play the game.
  2. Buy the winning ticket.
  3. Buy the ticket during the time period when the game is active.
  4. Possess the winning ticket. (Can be by gift or other legitimate means. Just not stolen.)
  5. Sign the winning ticket.
  6. Turn the ticket in by the deadline for validation.
  7. Actually turn the ticket into the Iowa lottery.
  8. Have the ticket be validated by the lottery’s machinery.
  9. Don’t engage in fraud or theft to possess the winning ticket.
  10. Don’t wait to turn in the winning ticket if the economy is in down market because the value of the winning prize will probably decline.

The Iowa Lottery recently had a drawing named Hot Lotto that was sold at a Des Moines convenience store with the winning number being drawn on December 29, 2010. That meant the winning number had to be turned in on or before December 29, 2011. It was, but barely.

Pedestrian Collisions Causing Injury and Death

Pedestrian accidents can have many causes. Pedestrian accidents are caused by inattentive drivers, crossing in the wrong place, listening to an iPod or other MP3 device, the weather or a whole assortment of other facts. Lombardi Law Firm explores the many facets of pedestrian accidents. Come join us. Clients may contact us at 515-222-1110 or sdlombardi@aol.com.

Professional Licensure Defense for Doctors, Dentists, Pharmacists, Nurse Practitioners and Nurses

We assist the medical, dental, pharmacist, nurses and veterinary professionals with defense in civil matters having to do with the Iowa Board of Medicine and all other licensing boards. Call for a consultation.

Property or Real Estate related Injuries leading to Serious Injury or Death

If you’re injury or death case happened (caused) on property (real estate) you need to get a qualified legal opinion that will result in a successful insurance claim and lawsuit settlement or verdict. You need a lawyer on your side that is licensed as a lawyer and licensed as a real estate broker. As a lawyer with a client, but who doesn’t practice in this area full time you need direction and a lawyer who can act as co-counsel. We handle referral work all over Iowa and pay thousands of dollars in referral fees to Iowa’s rural practice lawyers. If you’re not sure there is a case call or email Attorney Lombardi and find out; this consultation is usually free of charge. 515-222-1110 or sdlombardi@aol.com

 

OWI-CDL Lawyers

Without a CDL you can operate. As a truck driver in Iowa an OWI can cost you dearly. Call these OWI-CDL Lawyers for HELP.

Unemployment Benefits in Iowa

If you’re unemployed or partially unemployed and are looking for an attorney to help you get the unemployment compensation you need, the Lombardi Law Firm is here to help.  Based in Polk County, Iowa, lawyers Stephen Lombardi and Katrina Schaefer practice statewide and are prepared to guide you through the difficult process of getting unemployment insurance benefits.

Where can you find legal help with your Iowa unemployment insurance claim? The Lombardi Law Firm is here for you. Call Steve and Katrina at 515-222-1110. 

Whistleblowers / Financially Ripped Off?

Financial crime has increased in America. The amount of retirement funds saved along with government fostering a gambling mentality has creating an environment where greed seems acceptable. Working people, honest people, young adults and the elderly need to be on the lookout to save their hard earned savings and to protect their futures. Join us with the Lombardi Law Firm as we create depository of blog posts that are all about financial rip-off stories that are in the news.

Workers' Compensation

If an individual is injured while on the job, he or she is entitled to worker’s compensation to pay the medical expenses and help cover a percentage of lost pay from mandatory time off. Although the process is relatively simple, getting the full value of your claim is a time-consuming and potentially complicated issue.

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Steve Lombardi
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Iowa civil trial, workers' compensation and personal injury lawyer