San Luis Obispo Anti-Corporate Attorney

Ernst Law Group stands up against corporations on behalf of individuals who have been wronged and want a fair outcome. Without an attorney, corporations don’t see individuals as a threat and marginalize them because the corporation has no incentive to listen.

Corporations only care when their bottom line is at stake. At Ernst Law Group, we make sure that the individual is heard in a court of their peers. We enjoy making a difference and making corporations realize the value of an individual isn’t just a number on a balance sheet.

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What is anti-corporate law?

Many types of law fall under anti-corporate law. For example, new cars are frequently built with defects. Most of the time, these defects are relatively harmless, but sometimes they’re very serious, such as causing brakes to fail, a tire to fall off, or an airbag to fail. These types of defects can kill people.

Despite these dangers, the corporation building these cars is worried about its bottom line. When deciding whether they should initiate a recall, they look at the numbers. What’s less expensive: a recall or potential lawsuits if they don’t issue a recall? If the lawsuits are less expensive than a recall, they won’t recall the cars.

We cannot let this happen. We need to make it expensive enough that corporations pay attention and protect our community — this is anti-corporate law.

Types of anti-corporate law cases we handle

Annuity fraud

Valid annuities are a safe and reliable investment; unfortunately, because they’re so popular with seniors, they’re also a popular source of elder fraud.

Annuity fraud occurs when:

  • An annuity is sold under a false pretense
  • The investment was recommended even though it was clearly not a good choice for the investor
  • Inaccurate promises were made to investors

If you suspect that you or your loved one were sold an annuity unsuited for their needs or under false pretenses, and the salesperson knew this, then we may make a case for annuity fraud. If the annuity doesn’t deliver as promised, contact an attorney, as you may have been defrauded.

Defective products

When we purchase a consumer product, we trust it will work safely as intended. Unfortunately, many large corporations may cut corners with product design, testing, or manufacturing. This leads to fundamentally unsafe, defective consumer products.

If a product with a design flaw has harmed you or wasn’t manufactured correctly, you may sue the company that released the product. Common injuries from a defective product can include:

  • Amputations
  • Burns
  • Toxic exposure from dangerous or contaminated products
  • Cuts, bruises, or lacerations
  • Broken bones

Elder fraud

Elder fraud is an especially harmful form of fraud targeting some of the most vulnerable members of society. Seniors may be targeted by corporations betting on their inability to specifically understand what’s being promised, such as in cases of fraudulent investments.

Seniors in assisted living or other group homes may be vulnerable to fraud, either from the facility itself through overcharging residents or workers in the facility who may take advantage of incapacitated residents. In these cases, their facility would also be culpable for the fraud, as it has a duty to protect the residents.

In 2020, elder fraud cost seniors over 60 over $1.7 billion, according to the U.S. Department of Justice. Some of the most common forms of elder fraud include:

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Medical insurance fraud

Fraud in managed healthcare leads to rising healthcare costs for plan participants and for all taxpayers as a result of the Affordable Care Act. It can take one of many forms, the most common of which are:

  • Medical billing fraud
  • Home health care fraud, in which services are not rendered
  • Medicaid and Medicare fraud, submitting bills for services that were not provided
  • Prescription drug fraud and abuse

Consumers may notice fraud when they receive statements for services that they didn’t receive. They may report these to their health insurance provider, who may investigate the doctor in question, or a medical billing employee may note systemic fraud in their workplace. In these cases, they may use whistleblower protections to file a fraud complaint with the government.

What to do if you suspect fraud

If you suspect that the company you work for is committing fraud, you may be protected under the federal Whistleblower Law. If you’re worried about retaliation from your employer, consult with an attorney. They can guide you through the process and advise you when your employer’s actions toward you are illegal.

Your lawyer can also help you file a report under your company’s Fraud Reporting and Investigation Policy and follow it through.

If you’re concerned that someone you love, like an elderly family member, is being financially abused or is a victim of fraud, consult with an experienced elder law or fraud attorney. They can help identify the perpetrator of the fraud and file a lawsuit on your loved one’s behalf to recoup their losses.

Damages you may be able to recover

California permits plaintiffs in a fraud lawsuit to recover compensatory damages for the economic or actual losses they suffered, such as:

  • Lost wages or loss of earning potential if you’re dismissed for being a whistleblower
  • Reimbursement for losses from a retirement account or other monies lost in elder fraud
  • Coverage of your medical bills if you require treatment for harm caused by a faulty consumer product

In addition to the quantifiable losses you suffered because of corporate fraud and greed, you may also be entitled to recover non-economic damages, too. These are calculated as a percentage of your total damages and include:

  • Pain and suffering
  • Consideration for humiliation and emotional distress you may have suffered from being defrauded
  • Compensation for permanent disfigurement or diminished quality of life

Often, in corporate fraud cases, when the judge finds the corporate defendant guilty, punitive damages are also awarded to the plaintiff. Punitive damages are a form of financial punishment, as they can often reach into the millions or tens of millions. Punitive damages also act as a deterrent to other corporations to prevent them from engaging in the same wrongdoing as the defendant.

Standing up to bullies in large corporations

Some of the companies we’ve triumphed over are names you might recognize: Honda, Chrysler, Chevron, Blue Cross, State Farm, and numerous other Fortune 100 companies. These victories have led to the corporate defendants paying out hundreds of millions of dollars.

Suspect fraud? Our San Luis Obispo anti-corporate attorney can help.

Our California personal injury attorneys work with individuals who’ve suffered losses or physical harm due to fraud or corporate greed. We help you recover your losses and pursue financial justice against corporations. Contact us today at (805) 541-0300 to schedule a free consultation.

Types of Anti-Corporate Law Include:

  • Fraud
  • Medical Insurance Fraud
  • Annuity Fraud
  • Elder Fraud
  • Certain Personal Injury cases

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