Thousands of Bicycles Recalled for Defects

Bicyclists in California must be aware of at least 2 recalls that were initiated recently.  In both of these recalls, the bicycles come with a potential fall hazard that could injure the bicyclist.

The first recall is being initiated by California-based Specialized Bicycle Components Inc. of Morgan Hill.  Approximately 12,000 bicycles are included in this recall.  All of these bicycles were manufactured in China. 

According to the company, the defect involves the front fork which is prone to breakage.  When the front fork breaks, the bicyclist has a serious risk of falling off the cycle and being injured.  The company is aware of 4 reports in which bicyclists were injured after they fell off the bicycle.  Some of those injuries were serious like head injuries and shoulder fractures.  You can check to see if your bicycle is included in this recall by visiting the company's website.

The 2^nd recall involves more than 60,000 bicycles that were distributed by Meijer Inc..  In this case, the pedal can become loose or detach from the bicycle, again throwing the bicyclist off with great force.  The company has received 29 reports of incidents in which the pedal came off the bicycle while the bicycle was in operation, throwing the person off.  In at least 16 cases, the bicyclist suffered minor injuries. 

California bicycle accident attorneys advise all owners of these bicycles to stop using them immediately.  In the case of the Meijer recall, the owners of the bicycle can return the bicycle to any store for a free replacement bicycle.  In the case of the Specialized Bicycle recall, owners can visit the nearest dealer for a free installation of a replacement fork.

Law Restricting Chapter 9 Bankruptcy Filings Will Not Proceed

A number of recent California cities have filed for bankruptcy, and this has raised concerns in some circles that this could be the start of a trend of more cities in the Golden State making plans for Chapter 9 filings.  A bill that was designed to change a state law that calls for mediations between creditors and municipalities before going ahead with plans for bankruptcy will likely not proceed.

The bill was introduced to restrict the number of Chapter 9 bankruptcy filings by municipalities.  Over the past few months, a number of California cities have filed for bankruptcy, and these have not only rocked the California bankruptcy lawyer community, but have also garnered nationwide attention. 

In 2008, the city of Vallejo filed for bankruptcy.  Soon after that, California passed its Chapter 9 law, which calls for mediations and negotiations between municipalities and creditors.

Soon after the law was passed, a string of other cities including Stockton, San Bernardino and Mammoth Lakes also filed bankruptcy papers.  Stockton's bankruptcy was the most disturbing, because this was the largest bankruptcy filing by any U.S. city.

A new proposal would make changes to the state law to give more powers to mediators during negotiations between creditors and disparities.  This would help place several restrictions for municipalities that are determined to file for Chapter 9 bankruptcy.  The bill has been strongly supported by public employee unions, who have found that many of the other recent municipality bankruptcies have resulted in the rights of public union employees being relegated to the back seat.  When a large city files for bankruptcy, it is public pension and health benefits that are at serious risk of being limited.

However, an aide to the Senate President recently confirmed that this bill is likely not to proceed.

High Rates of Binge Drinking among College Students Increases DUI Risks

Approximately one in every 4 American adults between the age of 18 and 34 has drunk excessive amounts of alcohol or binged on at least one occasion over the previous month. In the general population, the rate is approximately 1 in 6 adults. Further, college-age drinkers who drink excessively are likely to consume as many as 9 drinks at a shot.

In the general population, binge drinking is the consumption of around 5 alcoholic beverages over a 2-hour period. However, among college drinkers, the average number of drinks consumed in a binge drinking session seems to touch 9 drinks. The national average number of drinks consumed per episode of binge drinking is about 8.

A study by the Centers for Disease Control and Prevention also provided other indications that the problem of binge drinking is much more widespread than we know. For instance, according to the agency, approximately half of the alcohol that is consumed in the United States is consumed during episodes of binge drinking. The Centers for Disease Control and Prevention says that there's a mismatch between alcohol sales figures, and the amount that people say they're consuming. In short, people are actually buying more alcohol than they're admitting to drinking, based on sales figures.

The Centers for Disease Control and Prevention conducted a telephone survey of more than 450,000 adults, and questioned them about their binge drinking practices over the past month.

Binge drinking is also surprisingly prevalent among persons above 65 although the average number of drinks consumed in this age group is less than 6. However, Los Angeles DUI lawyers are especially concerned about high rates of binge drinking among college students, because these drinkers may not be able to safely determine their own ability to drive safely after.

Half of All Americans Want License Suspensions for Texting Offenses

Approximately half of all Americans surveyed in a recent poll believe that persons who are found texting while driving must lose their license for a little while.

The cell phone survey consisted of 1,094 registered voters. The persons were asked whether they believed that a person caught texting while driving should lose their license privileges at least for some time. Approximately 50% of the Americans in the survey answered with a ‘Yes’. However, there were differences in the responses based on age, race and other factors.

No San Fernando Valley car accident lawyer would be surprised to find that older drivers were more likely to answer ‘yes’ to this question than younger drivers. Younger motorists were less likely to recommend losing of license privileges for texting offenses. Only 39% of drivers between 18 and 29 believed that it was advisable to suspend licenses of persons who are caught violating these laws. In contrast, among older drivers above 65, close to 67% believed that drivers who are found texting while driving should have their driving privileges suspended.

Women also seem to be more in favor of suspension of license privileges for texting offenses, compared to men. Approximately 52% of women were in favor of a law like this. Approximately 50% of whites and Hispanics believed that a law like this was recommended, while only 42% of African Americans believed that drivers caught texting while driving should lose their license privileges for a little while.

San Fernando Valley car accident lawyers believe that the practice of texting while driving in California could be reduced substantially if the current penalties also include license suspensions, like in the case of drunk motorists. The limited success that California's texting-while-driving ban has had could be traced partly due to the unintimidating penalties attached.

California AG Demands Response to Foreclosure Questions from Fannie Mae, Freddie Mac

California's attorney general has filed a lawsuit against Fannie Mae and Freddie Mac, demanding that the 2 companies respond to questions as part of a state investigation.

The office of Attorney General Kamala Harris, has filed the lawsuit, which demands that, the 2 mortgage firms, which own 60% of the mortgages in California, respond to questions on the companies’ contribution to the mortgage crisis. The California Attorney General wants Fannie Mae and Freddie Mac to respond to 51 investigative subpoenas, asking them to identify all the homes in California that they have foreclosed.

The lawsuit is also asking the 2 mortgage companies to disclose whether they have any information about the reduced value of those residential properties due to criminal activity, including drug dealing and prostitution or the location of weapons on those properties. The mortgage firms are also being asked to disclose whether they are in full compliance with civil rights laws that protect certain groups of people, like members of the Armed Forces and minority communities from unlawful convictions and foreclosures.

California personal bankruptcy lawyers will definitely monitor the proceedings in this lawsuit. At the crux of the lawsuit is a question about whether states have the right to question mortgage firms which are governed by federal law. However, the California Attorney General says that since Fannie Mae and Freddie Mac owned properties in California, they are subject to California laws.

Fannie Mae and Freddie Mac were taken over by the federal government in an attempt to save them from collapse in 2008. The 2 companies were placed in a conservatorship under the Federal Housing Finance Agency. The agency’s attorneys say that the subpoenas presented by the California Attorney General's office are vague and ambiguous. The companies also claim that the state attorney general does not have the power to issue subpoenas against the federal agency.

American Airlines Files for Bankruptcy Protection

One of the last major airline companies in the United States to avoid Chapter 11 has finally decided to restructure to begin anew. AMR Corp., the parent company of American Airlines announced that it has filed for bankruptcy protection.

According to the company, the reason for the bankruptcy filing is high labor costs as well as the unstable economy. One of the main goals that the company is aiming for out of its bankruptcy proceedings is lowered labor costs. The company has recently been in talks with labor unions, but those talks were stopped earlier this month.

Until last Tuesday when it filed for bankruptcy protection, the airline was the last major carrier network in the United States to avoid bankruptcy since the September 11 attacks. Many of American Airlines’ competitors have dealt with their financial difficulties by dealing directly with labor problems. They have renegotiated labor contracts, and restructured debt by consulting with California bankruptcy attorneys. Some of these airlines have been able to turn their balance sheets around since then, reporting solid profit margins.

AMR Corp. declared a net loss of $804 million in the first 9 months of 2011. That was more than double the company's losses during the same time last year. Another factor in the company’s financial troubles has been increased competition in the airline industry. In recent years, competitors like Southwest Airlines have grabbed a major slice of market share. In order to meet competition, the company was forced to increase its borrowing, pledging all assets, leaving it heavily in debt.

According to the company, the airline will function as normal throughout the bankruptcy and restructuring process. Passengers are not expected to be affected by the bankruptcy proceedings. All flights will operate as scheduled, and all frequent flyer programs will be honored.

Increase in California Foreclosures as Talks between State and Federal Officials Stall

Banks increased foreclosure activity in August, contributing to an increasing number of foreclosures in the third quarter of 2011. This brings to a close a nearly year-long let-up in foreclosure activity across the state.

According to DataQuick, the number of notices of default filed increased by close to 26% over the second quarter. During the second quarter, the number of notices of default filed had dropped to a three-year low. During the quarter that ended September 30, an estimated 71,275 notices of default were filed against California homes. For any homeowner or California foreclosure alternative lawyer, filing of a notice of default denotes the first step in the foreclosure process.

Most of the homes that are now going into foreclosure were purchased with loans that were made between 2005 and 2007, the peak of the housing bubble. During that time, many loans were made to people who did not have the means to repay them, resulting in numerous foreclosures.

Investigations found that banks had used faulty documentation and shoddy practices in order to speed up loan approvals. Additionally, there were numerous investigations into foreclosure and mortgage practices that led to a backlog of distressed properties. Now, banks have accelerated foreclosure activity again.

The increase in foreclosures also comes as talks between California and federal officials over a broad foreclosure settlement have stalled. The talks involve the five largest national mortgage service providers, and state attorney generals. California recently decided to drop out of the talks, and resolve the foreclosure crisis in the state on its own. California Atty. Gen, Kamala Harris has been unhappy with the negotiations with mortgage service providers because she believes that the banks are being offered broad relief from legal liability in these foreclosures.