What Are The Steps In Filing a Mesothelioma Lawsuit and Finding The Right Mesothelioma Attorney?

In order to get compensation for mesothelioma, filing a lawsuit is quite imperative. However the process is quite long drawn and tedious. The most important step pertaining to the same is selecting the correct mesothelioma attorney or law firm. It is important to find a good, decent and experienced mesothelioma lawyer as soon as possible after one has been diagnosed with the disease. In most places there is a set time limit within which one can file a lawsuit, and it is very important that the victim party does not miss that deadline. Otherwise it may land you up as an ineligible claimant. So, the earlier you get to a mesothelioma lawyer, the better are your chances of success.

Apart from that the firm should be trustworthy one and the victim party should build up an excellent relationship cum rapport with the same. If one is considering about filing a mesothelioma lawsuit, then the victim party should meet up with several law firms before making the final decision. There are a large number of law firms who are specialized in filing mesothelioma lawsuits.

In order to choose the correct law firm for filing your lawsuit, the following steps can be followed:

• Start the Search: You can look for a qualified mesothelioma attorney in various bar associations, Martindale-Hubbell Law Directory that is found in most public libraries, Yellow Pages, and of course the Internet. Law firms normally have their own sites.

• Narrow down the Field: After compiling a list of some mesothelioma law firms in your area, try to make establish contact with them either by mail, email or telephone for further information. It is important to provide the law firms with details of your legal issue and find out if they can handle your situation. Also enquire about their fees for an initial consultation and an estimate of the total costs involved in handling a mesothelioma lawsuit. It is recommended that the victim party make schedule appointments with two or three different law firms before coming to the final decision.

• Meet the Prospective Attorneys: During the initial consultation, it is important that you and your lawyer get to know each other. There has to be a free flow of exchange words between both of you. After carefully reviewing your case, the lawyer must be in a position to inform you of your rights and suggest alternative courses of action, if any. Moreover, it is during this initial consultation period that a mesothelioma attorney can explain what he or she can do for you and how much will be the cost factor. Also it is important for you to know about the attorney’s experience in handling previous mesothelioma lawsuits. If you are totally satisfied with the details, you may request a written fee agreement before proceeding and a list of references that you may contact.

Making your Decision: After each initial consultation, it is important to consider the following questions about the mesothelioma attorney you just met:

• Did I got a firm understanding of my alternative courses of action from the attorney?

• Was the attorney knowledgeable about asbestos law?

• Was I given enough time and did the person listened to me carefully?

• Did the attorney seem trustworthy?

• Am I understanding the range of possible results, which might spill out during each course of action?

Fees: It is important to consider this aspect with due diligence. To lower costs, you can ask your asbestos lawyer to employ a junior lawyer to perform a certain part of the entire process. You can also do some tasks by yourself to save time and money (Provided your attorney allows you to do the same). An asbestos lawyer may charge a flat fee for a specific task or offer other methods of payment.

Also you can go for contingent fee arrangement process. A contingent fee arrangement is that your lawyer gets a percentage of the compensation money you receive as resolution of your asbestos lawsuit. If you do not receive compensation for the lawsuit then your lawyer collects no fees. A contingency fee is a good option for those people who cannot do away with hourly legal fees.

Also you may incur charges on other fronts like; court fees, copying, hiring expert witnesses etc.

Mesothelioma lawsuit records:

Keep copies of all the documents that you hand over to your lawyer relating to your lawsuit.

Published by: admin on May 19th, 2008 | Filed under Articles
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Two qualifications your personal injury lawyer should have

It is not easy to find a good personal injury lawyer. Certainly there are a lot of lawyers out there. It seems as though there is a lawyer under every rock.

However, if you are looking for a personal injury lawyer, you need to be sure that you have a good one.

It is important to understand that not all lawyers who claim to be personal injury lawyers are the same. Some are very good, others are not.

How do you tell the difference?

Among the most important qualifications of a good trial lawyer is experience. It is important that you have a lawyer who has actually tried a good number of personal injury lawsuits.

It is always better to settle your case without going to court. However, in order to get a good settlement, it is necessary for the insurance company to know that you are represented by a lawyer who is ready, willing and able to file your lawsuit and try your case before a jury if necessary.

There is a truism recognized by experienced personal injury lawyers that if you want to obtain a good settlement, it is necessary to prepare the case for trial. In the vast majority of the time, if a case is prepared for trial, if the claimant’s lawyer is ready to go to trial, then the insurance company will recognize that fact and will offer a good settlement.

There are law firms who operate what is commonly known as “settlement mills”. These law firms take in a large volume of cases and, in order to avoid going to court, settle their client’s cases for less than fair value. Insurance companies know who these “settlement mill” lawyers are and lower the evaluations of their cases accordingly.

If you are represented by one of these lawyers, you can expect that your settlement will, on average, be less than you would expect from a lawyer who tries personal injury cases on a regular basis.

A second important attribute of a good personal injury lawyer is that he or she actually cares about you and your case. President Theodore Roosevelt once said that you should not care how much a person knows until you first know how much they care. This caution is especially true for your selection of a personal injury lawyer.

You need a lawyer who takes a personal interest in your case, gives you individualized custom service and cares more about your welfare than the fee they may obtain or how much work they have to do in order to achieve your goals.

Published by: admin on May 16th, 2008 | Filed under Articles
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California Antitrust Lawsuit Against Tobacco Companies Fails

The U.S. Supreme Court on Monday ended a California class-action lawsuit brought by smokers alleging a nationwide tobacco settlement violated federal antitrust laws and allowed tobacco companies to uniformly raise cigarette prices.

The lawsuit was filed against California and all the major U.S. tobacco manufacturers in 2004. The suit was thrown out by a federal trial judge and the 9th U.S. Circuit Court of Appeals in San Francisco.

The Ninth Circuit, in its September 2007 ruling, said it rejected the case because it “failed to show that any of the defendants are liable under either the Sherman Act or under California antitrust law.”

The Supreme Court rejected the appeal without comment.

The companies named in the lawsuit are Philip Morris USA, a unit of Altria Group Inc. (MO); Brown & Williamson Holdings Inc., a unit of British American Tobacco PLC (BTI), Lorillard Tobacco Co., a unit of Loews Corp. (LTR); and R.J. Reynolds Tobacco Co., a unit of Reynolds American Inc. (RAI).

The case is Sanders v. Brown, 07-995.

-By

Mark H. Anderson, Dow Jones Newswires; 202-862-9254; mark.anderson@ dowjones.com

Published by: admin on May 13th, 2008 | Filed under Articles
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Apple agrees to settle iPod battery class-action lawsuit in Canada

Apple Inc. has agreed to settle a pair of class-action lawsuits in Canada alleging it misled customers about the staying power of their iPods, the latest courtroom truce over the dwindling battery life of early generations of the device. According to a court document, the company is offering credits for its online store of about $44.75 to people who live in Canada and bought certain iPods there on or before June 24, 2004.To be eligible, the battery life of their iPods - while continuously playing music - needs to have dropped to five hours or less for the first and second generation of the device and four hours or less for the third generation.

The lead plaintiffs in the lawsuits - iPod owners Ines Lenzi and Bradley Waddell - claimed Apple misrepresented iPods’ battery life by claiming they were capable of eight to 10 hours of continual music playback. After recharging, however, the iPods’ battery life began declining.

An Apple spokeswoman declined to comment beyond the notice of the settlement agreement Apple posted on its website.

Motions to approve the settlement are scheduled for June 11 in Quebec Superior Court and June 20 in the Ontario Superior Court of Justice, the two courts where the lawsuits were filed.

In 2005, the company settled a separate class-action lawsuit in the U.S. over similar claims about iPod battery life. In that case, Apple agreed to give some iPod owners $50 in store credit or $25 in cash if the battery life in their early-generation iPods dropped below certain levels.

Published by: admin on May 12th, 2008 | Filed under Articles
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Class action lawsuit filed against medical record copying service

Kristin Miller, on behalf of herself and other similarly situated people, has filed a class action lawsuit against Smart Document Solutions in Phillips County Circuit Court under the Arkansas Deceptive Trade Practices Act (ADTPA).

Smart Documents is a Georgia company that provides medical record copying services for healthcare providers. After receiving a request for copies of medical documents, Smart Documents makes the copies and forwards the documents by mail to the requesting medical facility with an invoice attached.
Miller’s complaint says that the class action involves a “statewide deceptive practice and or scheme devised and implemented by the defendant to unlawfully charge and collect fees for copying medical records that are in excess of that allowed by Arkansas statue and common law.”

Arkansas code 16-46-106 says that the cost for copying medical records shall not exceed $1 per page for the first five pages and 25 cents for each additional page. A minimum charge of $5 also is listed in the state code and charges may include a reasonable retrieval fee for stored records. Miller alleges that Smart Documents keeps its records on-site in computers and she should not be charged a retrieval fee ($10). Miller also alleges that the company then overcharged its clients for postage.

“(The) Defendants conduct of overcharging for medical record copies has resulted in ill-gotten and unlawful profits for the defendant at the expense of Arkansas consumers,” alleges the complaint. Miller claims the company violated the ADTPA, intentional misrepresentation, fraud, and deceit and asks for no more than $4,999,999 for damages, costs, restitution and attorney’s fees.

On Feb. 21, a protective order was granted, shielding certain exhibits to protect trade secrets, other confidential research, development and commercial documents and information. Two large sealed envelopes are contained in the files at the courthouse.

Smart Documents filed a motion to dismiss the complaint citing jurisdictional matters and that “they were immune from suit overcharging patients.” They further said, “there are no remedies available to Arkansas consumers who were overcharged for unlawful fees to access their medical records.”

Smart Documents additionally argued that Miller had insufficient facts to support “each and every count alleged” in her complaint.

Published by: admin on May 6th, 2008 | Filed under Articles
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How to Maximize Personal Injury Recovery

Don’t provide a statement to the adjuster.

If an insurance adjuster contacts you, don’t make any statements about the accident, your physical condition, and whether you’re being treating by a doctor. The adjuster may be recording your conversation and certainly will be taking notes. You can settle any claims dealing with the damage to your vehicle, but any statements you make about your injuries could come back to haunt you. Simply thank the adjuster for calling, tell her that you don’t want to make any statements, and that you don’t want her to call back. Tell the adjuster you’ll initiate a conversation when you’re ready. You don’t have to be rude, but you need to be firm. The adjuster can’t make you talk.

It’s a foreign concept to most people, but you have to view your injury case with the idea that it could go to trial. Most cases don’t, but you don’t want to hinder your negotiating strength by making a statement to an adjuster that can be misconstrued or twisted. The concern about making a statement is that you may not know the extent of your injuries right after an accident. It’s not uncommon for people to feel worse in the weeks or months following the accident than they do in the immediate aftermath.

One way to avoid awkward conversations with an adjuster or making statements that could hurt your case is to contact a lawyer to represent you. Your lawyer will stop the adjuster from having any further contact with you.

Published by: admin on April 22nd, 2008 | Filed under Articles
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How Much Will A Lawyer Charge for Attorney Fees?

After being injured in an automobile collision, many people experience mounting medical bills and lost time from work. On top of that, they are wondering how they are going to be able to afford an attorney to help them deal with the person who caused the accident’s insurance company that is not offering enough money to cover the damages!? This is where the contingent fee plays an important role in personal injury cases.

A contingent fee allows personal injury lawyers to recover attorney fees after a case is settled or won. Therefore, if no money is generated from the case, the attorney does not get paid, regardless of how many hours were spent on the case. This is different from most criminal defense attorneys who charge by the hour. Most attorneys charge 1/3 of the total recovery for attorney fees, but this can vary.

Most states require that the agreements of the contingency fee be in writing. Contingency fees are also regulated by The Rules of Professional Conduct, which all attorneys must follow.

Contingent fees allow people access to the justice system based on the validity of their claims, not how much money they can pay an attorney.

What is a contingency fee?

A method of paying a lawyer for legal representation by which, instead of an hourly or per job fee, the lawyer receives a percentage of the money her client obtains after settling or winning the case. Often contingency fee agreements — which are most commonly used in personal injury cases — award the successful lawyer between 20% and 50% of the amount recovered. Lawyers representing defendants charged with crimes may not charge contingency fees. In most states, contingency fee agreements must be in writing.

Published by: admin on April 21st, 2008 | Filed under Articles
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Asbestos victims offered billions

W.R. Grace & Co. said it has reached a deal that could be worth more than $3 billion to settle thousands of lawsuits by people who say they were sickened by exposure to the company’s asbestos products. The deal could enable the Columbia chemicals maker to emerge by year’s end from one of the most complex bankruptcy reorganizations in U.S. history.

Published by: admin on April 14th, 2008 | Filed under Articles
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Choosing The Best Automobile Accident Lawyers

If you ever have the misfortune of suffering an automobile accident, you would certainly benefit from hiring an automobile accident lawyer to defend you and prosecute the other party.

So, how do you find a suitable automobile accident lawyer to ensure that your case is handled the best?

The first thing you need to do is ensure that the lawyer has enough legal expertise and also is well experienced in handling automobile accidents. Automobile accident lawyers will help you defend you, in case you caused the accident.

Even when you were not at fault, hiring such a lawyer will also prevent your auto insurance company from refusing to pay compensation.

More importantly, automobile accident lawyers come in handy in teaching you about insurance laws, thus ensuring that you get the amount of compensation that you are legally entitled to receive.

Defends You In Court

Automobile accidents can occur as a result of either party’s fault and by not consulting automobile accident lawyers. You may become the victim of legal faults during the court hearings, which in turn may lead to being heavily penalized.

There no doubt that the best automobile accident lawyers will help you get the case resolved in your favor and thus you need to know how to find the best lawyer, which is possible in the following ways:

First off, you need to hire someone who is extremely capable of negotiating with both your own insurance company and that of the defendant’s.

Secondly, you need to ensure that the lawyer must have impeccable past record in handling similar cases.

In addition, you also need to ensure that the lawyer is a licensed member of local state bar associations.

Finally, you need to ask the lawyer how and when he or she wants to be paid.

Before making the final decision with regard to hiring automobile accident lawyers, you need rely on your instincts. More often than not, your instincts will give you proper direction and may even contradict the desirable traits that you need to look for in the lawyer such as his or her past record, certifications as well as referrals.

Having set your mind on hiring the best automobile accident lawyer, you should research and meet and interview several prospective lawyers and then choose the one that is most experienced, charges the most reasonable price and has the desired level of expertise in handling similar cases.

Published by: admin on April 14th, 2008 | Filed under Articles
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Grace agrees to settle asbestos claims

W.R. Grace & Co. said it has agreed to settle all current and future asbestos-related personal-injury claims against it, removing a major hurdle for the company to emerge from bankruptcy-court protection.

The Columbia, Md., specialty-chemical company agreed to put $250 million into a trust fund that will distribute the money among people who were injured by exposure to asbestos contamination from Grace’s products. Grace also will make payments to the trust amounting to $1.55 billion …

Published by: admin on April 8th, 2008 | Filed under Articles
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My £20,000 fight for family

A GRANDFATHER dying of an aggressive asbestos-linked cancer has launched a bid for £200,000 compensation to provide for his family after his death.
Ernest Gooding, 66, issued legal proceedings after developing malignant mesothelioma, a terminal cancer of the tissues surrounding his lungs, according to a High Court writ.

The pensioner, who was feeling tired and weak, found out he had the disease in January 2007 while working in Spain. In July he was given just 18 months to live.

Mr Gooding, believes he came into contact with deadly asbestos dust during his working career in the 50s, 60s and 70s, before working offshore and in various European and Asian countries.

He said: “I used to sit up nights and write up everything that I wanted to do in my time left.

“It was a huge blow.

“I never suspected that it was mesothelioma, all I felt was tired and weak.”

Mr Gooding, of Newark Road, Hartlepool, hopes any compensation will provide for his wife and family.

He said: “I go to bed, wake up and can’t get to sleep and I come downstairs and get a cup of tea.

“Maybe subconsciously I’m thinking about it.

“I said to the solicitor, ‘how do you put a price on it?’ because you can’t put a price on someone’s life.

“I would like to get a nice sum for my family’s sake. To make my son’s and daughter’s life better.”

He claims he was exposed to deadly asbestos dust and fibres when he worked for Telent’s and their predecessors Associated Electrical Industries between 1957 and 1965, and for another company in the 60s and 70s.

The writ is based on claims the companies were negligent and they failed to warn him of the risks to health from asbestos dust.

He started as an apprentice and worked at a factory which he says contained steel pipe racks lagged with asbestos.

He says he was also exposed to asbestos when he worked as a contractor for another company as an installation electrician at the ICI Plant, in Teesside.

Mr Gooding has been married for 37
years to wife Cherry, 61, and is father to Lisa Jones, 36, of Stanley, and Carl Gooding, 41, of Hartlepool.

He is also grandfather to their children, 19-year-old Dean Jones and seven-year-old Leah Gooding,

“The hardest bit was telling the kids and grandchildren,” said Mr Gooding. “It was very hard for my wife. I try to imagine what it would be like for her but I can not.

“We live for every day that we wake up.

“I have always worked away from home quite a bit. I have had a good life but since I have been at home for 15 months now I realise what I was missing.”

Monica Coull, a spokeswoman for Telent, said: “Although we were only set up in 2006, Telent has a long industrial heritage. As a result, we receive industrial injury claims of this nature from time to time and we deal with them appropriately.

“Understandably, we can’t comment on a particular individual’s case.”

Published by: admin on April 7th, 2008 | Filed under Articles
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Asbestos victim wins $20 million compensation

A 69 year old woman who developed mesothelioma - a cancer caused by exposure to asbestos - has been awarded £20 million dollars in a civil suit brought against the manufacturers of an asbestos containing building material.

The case was brought against Georgia Pacific, who were found responsible for 30% of the award under the rules of joint liability. Out of court settlements were reached with other companies.

Georgia Pacific was found to have produced asbestos containing products long after it knew that they could cause health problems. The company plans to appeal.

Georgia Pacific attorney John Childs said in a statement.

“We sympathize with Mrs. Mahoney and her family”

“However, based on the use, frequency and amount of exposure she has described - as well as the type of asbestos fiber that was contained in our joint compound - it is highly unlikely that a product formerly made by GP could have caused her injuries and illness.”

Published by: admin on March 31st, 2008 | Filed under Articles
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Don’t write off our killer disease claims

VICTIMS in Wales have hit out over government plans to cut the time allowed to claim compensation for asbestos-related cancer.

Experts say about 120 people a year die in Wales from killer mesothelioma, an asbestos-related cancer often suffered by builders.

But now sufferers are being warned they may have to claim compensation within 12 months of being diagnosed with the disease.

Widow Anne Howells, who founded Asbestos Awareness Wales after she lost her 56-year-old plumber husband Allan to the disease in 2000, said she is appalled by the Department of Work and Pensions’ plan.

“It would be disgusting if this is brought in,” she said. “Sometimes cases and patients themselves have got to go through all sorts of tests. It can take longer than 12 months for a complete diagnosis. This has come as quite a surprise.”

Questioning why the government wanted to change the rules, she said she would seek legal advice.

“Allan died in 2000 and it was in 2004 that the actual claim came through. It took four or five years before everything got sorted and I had an excellent solicitor. I’d say that a year is far too short a period. ”

Because mesothelioma is classed as an industrial injury, compensation is available to those who were exposed to asbestos dust at work. But last year ministers extended payouts to victims who inhaled fibres at home.

The proposal is in the Child Maintenance and Other Payments bill going through Parliament. But initial plans suggest claims will be tied to a 12-month limit.

But if the deadline is imposed many people already diagnosed with the incurable illness could miss out.

Shadow Health Minister Jonathan Morgan said: “It’s quite dangerous for the Department of Work and Pensions to set such a restrictive time limit. I accept with these matters it’s sensible to try and get them resolved as quickly as possible.

“But there may be many reasons why a claim is not brought immediately. Perhaps there are medical inquiries still being undertaken.

“Maybe it has taken people time to come to terms with. And there would have to be legal advice taken as to what claim can be made.”

He said it was important there was time to deal with claims, adding: “I’m not sure why 12 months was chosen and we should be quite wary of this kind of behaviour.

“In bringing in this barrier, what will people conclude? They will think the government are trying to save money and are more worried that claims do not come forward, rather than being settled.”

Dr Tony Calland, chairman of the British Medical Association’s Welsh Council, thought twice as much time was needed.

He said: “Perhaps two years would be more realistic. The whole legal process . . . is ridiculous, as people will be unwell and recovering, but it would not be unreasonable to have a two-year limit on making an intent to pursue a claim, which could be just done by a letter.”

Mesothelioma expert Dr Seamus Linnane, a consultant for Cardiff and Vale NHS Trust, said: “One would be concerned if you are looking at additional stress on patients. You need a system that responds to their needs.

“Clearly they are entitled to compensation if they have caught this disease through no fault of their own.”

Published by: admin on March 30th, 2008 | Filed under Articles
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Verdict Reached In Asbestos Related Case

A San Francisco Superior Court jury has ordered Georgia Pacific Corp., an asbestos manufacturer, to pay over $7 million in damages, in the largest asbestos-related verdict ever. The decision came after the manufacturer exposed a onetime film actress and singer, Joan Mahoney, to fibers, causing her to contract terminal cancer, mesothelioma, while she was working in a home-remodeling business with her husband, Daniel Mahoney. The jury assessed the Mahoney’s damages to be $20 million and assigned 30% of the responsibility to Georgia Pacific Corp., the only defendant in the trial. The other $13 million will go unpaid, although, the couple did reach private settlements with other manufacturers.

Georgia Pacific Corp. says that although they do sympathize with the couple, the frequency and amount of exposure in which Mrs. Mahoney described, along with the type of asbestos fiber itself, makes it highly unlikely that the product, formerly made by the company, could have caused the illness. The Mahoneys, however, say they used the Georgia Pacific Corp.’s asbestos compound to fill cracks in sheetrock during the time they were involved in the home-remodeling business to make ends meet. They also claim the company continued to produce the compound after learning it caused cancer and stopped only after the federal government outlawed asbestos products in 1977.

Story by Charlottesville

Published by: admin on March 27th, 2008 | Filed under Articles
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CN faces $250M class action lawsuit

Lawyers have launched a $250-million class action lawsuit against Canadian National, alleging the railway misclassified more than 1,000 supervisors as managers to avoid having to pay them overtime.

The lawsuit alleges that more than 1,000 present and former first-line supervisors at CN have been deprived of overtime pay because of the railway’s actions. The supervisors are routinely required to put in hundreds of unpaid overtime hours a year, the lawsuit claims.

“The Canada Labour Code requires federally regulated corporations, including CN, to pay overtime to their non-management employees,” said Louis Sokolov, a partner at Sack Goldblatt Mitchell LLP, in a statement.

“Employers are not permitted to simply call someone a manager to avoid their obligations under the code.”

The plaintiffs’ lawyers allege the practice of misclassification got its foothold in the U.S. and is now spreading into Canada.

“[The lawsuit] addresses a problem that has crept into workplaces across Canada, where employers have labelled employees as managers in order to avoid … their obligations under employment legislation,” lawyer Douglas Elliot told CBC News.

“What we’ve seen in the United States is an effort by employers to push the title of management down lower and lower in the ranks, to attempt to avoid having to pay benefits, to avoid having to pay overtime, and so on.”

CN has not filed a statement of defence and the allegations have not been proven.

This is the third class action lawsuit relating to unpaid overtime brought by the two law firms of Sack Goldblatt Mitchell LLP and Roy Elliot O’Connor LLP.

The two firms are co-counsel in lawsuits filed against CIBC and Scotiabank that allege the two banks routinely make staff work unpaid overtime.

Published by: admin on March 26th, 2008 | Filed under Articles
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