Lawyer Landau a USA Triathlon Supporter and Member

Racing in USAT sanctioned events has enabled Herndon Virginia lawyer Doug Landau to qualify to represent the United States at the 2015 DUathlon World Championships

Racing in USAT sanctioned events has enabled Herndon Virginia lawyer Doug Landau to qualify to represent the United States at the 2015 DUathlon World Championships

In addition to belonging to, and supporting, numerous non-profit legal groups, Herndon lawyer Doug Landau is also a long-time member and supporter of USA Triathlon (“USAT”).

USA Triathlon is the National Governing Body for triathlon, as well as duathlon (biking and running), aquathlon (swimming and running), aquabike (swimming and biking), winter triathlon, off-road triathlon and paratriathlon in the United States. Founded in 1982, when Doug Landau was just starting to race in triathlons as a law student at the University of Miami School of Law, USAT is the sport of Triathlon in America’s central body.

USA Triathlon sanctions more than 4,300 races each year, with nearly 500,000 members, making it the largest multisport organization in the world. The USAT works with athletes, coaches and race directors on the grassroots level. USA Triathlon also provides leadership and support to elite athletes competing at international events, including the International Triathlon Union (ITU) World Championships, Pan American Games and the Olympic and Paralympic Games.

Doug Landau has qualified numerous times for the world Sprint Triathlon Championships. However, Landau had never qualified for the Duathlon World Championships before 2014. He looks forward to representing USAT and the United States in the 2015 Duathlon World Championships in Adelaide, Australia. USA Triathlon is a proud member of the ITU and the United States Olympic Committee (USOC).

2015 Heroes Vs. Villains Run for Justice 5K

Here comes the Judge!  That was the title of last spring’s post about the 2014 Heroes vs. Villains Run for Justice 5K.

Always one to have fun, Virginia Lawyer Doug Landau ran this 5K in 2014 dressed as Swift Justice – donning a black judge’s robe and carrying a gavel!  The year before that, he ran in another costume race.  Lawyer Landau was Mr. Incredible, running with his wife, Elasto-Girl!

What will his costume be in 2015?

You will have to wait until it gets a little closer to race day to find out, but rumor has it there will be a Justice theme!

Here are the details about the 2015 Heroes vs. Villain 5K

  • Date: Sunday, April 12, 2015
  • Time: 5K at 9:00am, Kids Fun Run at 8:30 am
  • Place: Fairfax Corner Shopping Center
  • Benefiting: Fairfax Law Foundation

Click here to register.

As always, participants and volunteers will enjoy awards, prizes, entertainment, post-race refreshments, t-shirts, and — of course — a COSTUME CONTEST!

Herndon Turkey Trot – Running LEGALLY on the Grass!

Lawyers David Brumfield and Doug Landau

Pittsburgh Pennsylvania lawyer David Brumfield and Herndon Virginia attorney Doug Landau discuss their airport injury case on the sidelines of the Loudoun County lacrosse complex during a November weekend tournament

The annual Turkey Trot at the Herndon golf course allows runners of all shapes and sizes to run where they are usually not allowed.

This fact –  and the late afternoon start — make this race a Herndon hometown favorite.  In addition, runners bring cans of food and old sneakers during this giving time of year.

This fun running event is only blocks from the Landau Law Shop, so Herndon attorney Doug Landau takes part most every year. This year, prior to running, Lawyer lawyer met with Pittsburgh, Pennsylvania co-counsel David Brumfield, whose son was playing in a lacrosse tournament in Leesburg, Virginia.  Landau and Brumfield are working together to help an Italian model who was injured in transit at Dulles International Airport in Loudoun County, Virginia.

Alex and Isidoro Riverte

Accomplished triathlete Isidoro Riverte and his son Alex before the start of the annual Herndon Virginia Turkey Trot cross-country 5K race.

After Landau watched the lacrosse match, he hastened back to Herndon in order to run this cross-country 5K.  There were a number of father-and-son and mother-and-son pairings, and Landau finished behind the Rivertes, shown in the photograph at left.

Averaging a little over seven minutes a mile, Landau was pleased with his performance, and the opportunity to use the golf course here in the town of Herndon.

Biker Death from Public Nuisance

Construction Zone

A road construction zone which is not properly marked can be deemed a public nuisance, according to a recent ruling in Michigan.

There are times when a lawsuit for negligence against a state, local, municipal, or county government will not be viable because of the rules of sovereign immunity. The government agency may be immune from a lawsuit for negligent, unsafe actions and decisions due to this legal doctrine. However, when a governmental agency is to blame for causing physical injuries, there may still be some means of getting compensation for the injured biker, runner or pedestrian.

In a case reported in this month’s TRIAL magazine, a biker was killed due to a public nuisance.

This case, as reported in the “Verdicts and Settlements”, involved a middle-aged rider who was out at night in a highway construction zone when he struck a 46 inch wide rut in an unpaved shoulder next to an exit ramp. The motorcyclist was thrown from his bike and suffered a cervical spinal fracture at C-4 resulting in quadriplegia.

After this bike crash, the victim developed chronic infections because of immobility.  At only 59 years age, he died after suffering complication upon complication for years after the bike crash.

Medical expenses totaled $1.53 million. Prior to this crash, the motorcycle driver was earning about $36,000 annually and was an owner/operator of a process serving company.

The lawsuit was brought against the general contractor on the highway construction project.  The lawyers for the estate and widow contended that the defendants should have placed reflective barrels along the exit ramp to divert travelers around the rut.

Plaintiff’s counsel claimed approximately $435,000 in lost future earnings and about $131,000 in lost household services, as well as medical expenses and non-economic damages, often called “special damages.”

Defendant denied that the rut was dangerous or that the cyclist even struck it.  Defendant further argued that the biker lost control of his bike because he had been drinking and was speeding as well.

The jury found the defendant was negligent and had created a public nuisance.

The jury allocated fault 50% to the defendant general contractor, 45% to nonparty State Department of Transportation inspectors, and 5% to the biker himself.

While in the Commonwealth of Virginia, the biker would have lost and recovered nothing, under the law of “Contributory Negligence,” (about which we have written previously) the case was allowed to go forward on damages, and the jury awarded $2.2 million in economic damages. The biker’s case was brought in a jurisdiction that recognizes “Comparative Fault.”  In a Comparative Fault or “Comparative Negligence” jurisdiction, the fault of the parties is compared and the verdict is apportioned according to each party’s relative contribution to the crash. Plaintiff’s counsel then successfully moved the court for a new trial on the issue of non-economic damages.

In the second jury trial, the plaintiff was awarded $1.5 million in non-economic damages for a total recovery of $3.7 million.

The plaintiff’s counsel claimed that because the jury found the contractor to have created and maintained a public nuisance by permitting the rut to remain, comparative fault should not apply. The court agreed and therefore entered judgment in the full amount of the verdict of $3.7 million. While the defendant contractor’s appeal was pending, the parties settled for $2.5 million.

If you or someone you know has been injured while traveling in a highway construction zone on a motorcycle or other vehicle and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).

Hilly Fall Fun in the Connecticut Hills

Doug Landau with the 50 state flags before the start of the Diane Burr Memorial road race in Thomaston, Connecticut

Doug Landau with the 50 state flags before the start of the Diane Burr Memorial road race, held during Veterans Day weekend, in Thomaston, Connecticut

Before taking the month of December off from racing, Herndon Virginia trial lawyer Doug Landau ran several Fall road runs to cap off the year. One such race was the 13th Annual Diane Burr Memorial 5km in Thomaston, Connecticut during Veterans Day Weekend.

Lawyer Landau was in Connecticut for “Taft Day” at the Hotchkiss School. The traditional rivalry between his high school alma mater and its Watertown counterpart makes for some exciting athletic competitions.

Doug Landau came down from Litchfield County Connecticut to cheer on his alma mater - the Bearcats of The Hotchkiss School of Lakeville, CT, who won 3-0 against the rival Taft School in High School soccer

Doug Landau came down from Litchfield County Connecticut to cheer on his alma mater – the Bearcats of The Hotchkiss School of Lakeville, CT, who won 3-0 against the rival Taft School in High School soccer

This year Landau came down from Sharon, CT in Litchfield County, where he is a member of the Bar Association, and took in the boys soccer matches at Taft. He then raced over to nearby Thomaston for the afternoon start of the hilly 5km road race.

The Diane Burr Memorial race raises money for an organization that is dedicated to aiding individuals and families who have been stricken by cancer. The race is also a time to remember our Veterans and all those who lost their lives on 9-11. Diane Burr and husband Mike were instrumental in organizing the Flag Run Across America and the 50 state flags collected during the run hang as a remembrance at the race’s finish line. (See top photo)

Even after driving all day Saturday from Virginia to Washington, D.C. to New Jersey and finally to the North West corner of Connecticut, Landau was able to

Wearing his "Class of '78" Hotchkiss School cap, Doug Landau was the best out of state finisher at the Thomaston, CT Veterans Day weekend 5km race

Wearing his “Class of ’78″ Hotchkiss School cap, Doug Landau was the best out of state finisher at the Thomaston, CT Veterans Day weekend 5km

average 6:51/mile despite the steep hills in the opening miles, to finish 14th overall (out of 229) in 21:15. As runner up in the 50-59 age group, he was the lone Non-Connecticut prizewinner for the day ! Race timing was done by his friends at Greystone Racing, and full results can be had by clicking here.  Will Graustein of Greystone Racing, and his assistant Brittany Heninger ably managed this popular patriotic event. Their web page has races all year round throughout Western Connecticut.  Doug Landau and Graustein have raced a number of times together, and his photos, course descriptions, unique venues and race recaps are appreciated throughout New England.

Girls on the Run; Rosslyn Race Encourages Participation

Thousands of girls completed the Rosslyn Virginia 5km "Girls on The Run" after training with coaches, neighbors and classmates.

Thousands of girls completed the Rosslyn Virginia 5km “Girls on The Run” after training with coaches, neighbors and classmates.

Asked to be a chaperone for a neighbor, NoVa lawyer Doug Landau ran in the Rosslyn edition of the “Girls on the Run” training program. The course took participants past the Arlington National Cemetery to the Pentagon parking lot and back up to the start and the thousands of cheering parents, coaches, classmates and family members. Girls on the Run of Northern Virginia invites runners of all ages to come run, walk, skip, gallop and even push strollers.

The Girls on the Run 5km bills itself as “Northern Virginia’s most family-friendly 5K,”and there appeared to be thousands of girls taking part. Landau, of the Herndon law firm ABRAMS LANDAU accompanied a family that was celebrating the completion of the Girls on the Run program. While there are special awards for family finishers, Landau was last in the AG, again. So no prize for lawyer Landau. For results, click here. Girls on the Run is a wonderful program that encourages girls to run, be fit and have a goal. There are events for Girls on the Run at several Northern Virginia venues. The GOTR medal is in the ABRAMS LANDAU curio cabinet.

Manassas Turkey Trot at George Mason University Prince William Campus a Big Hit Before a Big Meal

Sporting events at the George Mason University Prince William County campus are always fun, free of traffic & WARM afterwards !

Sporting events at the George Mason University Prince William County campus are always fun, free of traffic & WARM afterwards !

Not many Fall or Winter races in Virginia allow participants to warm up, stretch, cool down and shower afterwards. However, athletic events at the Freedom Aquatic and Fitness Center  are wonderful in that there is rarely traffic getting there and plenty of parking. Located at Freedom Center Blvd. in Manassas, just off University Drive, this is the George Mason University Prince William County campus. This 5km is part of the Fun Run Racing series.

The Freedom Aquatic & Fitness Center opened its facility so participants and spectators could stay ‘warm’ both pre and post race. Fun Run Racing paired with its charity partner for this race, the Manassas Bull Run Rotary Club. A portion of all race proceeds support the Rotary and the local charities they support. Using the campus on weekends makes use of a terrific facility.

Doug Landau of the Herndon law firm ABRAMS LANDAU liked the race logo, “Trot, Eat, Sleep.” The Prince William 5k Turkey Trot and 1 Mile Fun Run/Walk had a costume component, with lots of turkeys, a few pilgrims and one woman decked out as an entire Thanksgiving table ! While lawyer Landau was “running” a little behind and spotted the field a wee head start, he nevertheless, averaged 6:59/mile. The Herndon lawyer was best in the age group and 54th out of 806 finishers. Click here for results. Afterwards, Landau was able to do a “cool down” swim and then shower, (with soap !) before hitting the road to enjoy Thanksgiving with family.

 

Show Up to Win!

show up to win

Like in races and other athletic competitions, half of winning your case in court is just showing up!

Have you ever heard the phrase “half of winning is just showing up”?  It can apply to athletics, but also to legal cases.

It is not uncommon for Herndon lawyer Doug Landau to hear this question when first meeting a client:

 “What are my chances of winning? “

At the first meeting with a client, before the medical records or other evidence have even been reviewed, Landau often responds that he’s unable to give odds until he has all the information necessary to do so.

However, he does give clients this piece of information:

If you do not show up for your hearing or a case, you’re almost certain to lose.

Landau has had a Workers’ Compensation hearing where the other side’s lawyer did not appear, and the judge ruled from the bench that lawyer Landau won the case for his client!

Landau also advises his clients that very rarely will a judge make his or her decision from the bench such that the client knows whether he has won or lost on the day of trial.  Usually in federal disability cases and Workers’ Compensation claims, the judge will end the trial with a statement like the following:

Thank you ladies and gentlemen.  The record is now closed, you will get my written decision in the mail.

If there is evidence still needed to render a final decision, the judge may say something like this:

Thank you ladies and gentlemen.  The record is left open for two weeks for the receipt of Dr. Jones’ medical reports, and thereafter it will be closed and my decision will then be written and sent to you in the mail.

This then leads to arguably hardest part of the process for Doug Landau:  the waiting!

Waiting for the judge’s written decision in Social Security disability cases, Workers’ Compensation cases, and for rulings on motions in personal injury cases in the circuit and federal courts sometimes takes a very long time.  Landau, like his many clients all over the country, does not like to wait for the result.  Even waiting for a jury to come back with a verdict for an injured client can seemingly make time stand still!

So Landau advises clients that it is imperative they and their witnesses always show up.

Why We Sometimes Subpoena a Witness

If there’s any question as to whether or not a witness — even a friendly witness — will come to court, Landau’s team will issue a subpoena for his or her attendance. That way, if the witness fails to show after being served with a valid subpoena, the court can order the trial to continue on a different day when the witness’ presence can be procured. Otherwise, if there is a family witness who promises to come to court but is a “no-show”, and there is no subpoena served for his or her attendance, there’s nothing Landau can do to get a continuance or other relief from the court.

That is why you often hear the expression in the context of sports competition, “half of winning is just showing up. ” While the percentage may be different, the general idea is the same. If you want to lose your case, don’t show. If you want to impair your lawyer’s ability try your case, then see to it that your witnesses all “no show.”

Arrive Early!

Herndon Reston area lawyer Doug Landau suggests not only do you show up, with your witnesses, but that you get to the courthouse early in case there have been other cancellations and the judge wants to hear you sooner than scheduled.  Even better, says Landau, is to do a “scouting trip”and see where the courthouse and court room are that you will be using, so that your day in court is not the first time you have been there.  You don’t want your family members’ “day” “to be their very first time at the particular courthouse where their all-important case will be heard .

If you or someone you know has been injured and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).  We also invite you to see Doug Landau in action, trying cases and hearings.  Contact our office for his upcoming schedule.

Red Bull Settles False Advertising Suit

Have you purchased at least one can of Red Bull energy drink over the past 10 years?

If so you may be entitled to up to $10 in cash or two free Red Bull products worth $15.

That’s because earlier this year, Red Bull settled a class action law suit filed against it.  The suit claimed that Red Bull was deceptive and lied in its advertising.

At issue is the company’s claim that it is a superior source of energy to other alternatives, thereby warranting its higher price.  Included in those alternatives was a simple cup of coffee.

Turns out, however, scientifically that claim is not accurate.  In fact, an 8.4 ounce can of Red Bull contains 80 milligrams of caffeine whereas a regular cup of coffee contains 115 to 175 milligrams of caffeine.  Since the energy-boosting effects are said to come from caffeine, Red Bull’s claim of superiority goes right down the drain.  A person could get the same — if not even better — results from a cup of coffee which is less expensive than a Red Bull.

Athlete and product liability lawyer Doug Landau has been consistent for decades in his warning against consuming any energy drinks, body-enhancing supplements, or other artificial products in an effort to boost performance or energy.

“These products mess with a person’s natural body mechanisms and should be avoided.  Add to that the deceptive marketing of the products’ manufacturers, and I would stay away from them at all costs,” says Landau. “I hope all manufacturers of these types of products are hereby placed on warning that their deceptive advertising techniques will not be tolerated, by consumers or by the law.”

If you purchased a Red Bull in the last 10 years, you don’t need proof of purchase to file a claim.  Simply visit energydrinksettlement.com and file a claim by March 2, 2015.

If you have questions about the safety of energy drinks, performance enhancing supplements, or other products you may have used, email or call Abrams Landau, Ltd. at (703-796-9555).

 

Burke Lake Veterans Day Race Raises Funds for Wounded Warrior Project

How  often do you get to run a mid-day, mid-week race for a terrific cause in great weather ?  Plus, it was an 11k on November 11th – Veteran’s Day.  Get it ?  an 11k on 11/11/11 !

The Veterans Day 11km at Burke Lake Park raised money for the Wounded Warrior Project. Doug Landau won the over 50 division

The Veterans Day 11km at Burke Lake Park raised money for the Wounded Warrior Project. Doug Landau won the over 50 division

The 2014 Veterans Day 2014 “Run Eleven”  by Metro Run & Walk featured a competitive 11k Run and 5k Run/Walk.  Taking place at the Amphitheatre at Burke Lake Park, Nova Race Timing had results up quickly for this mostly cross country event. Finishing in the top 10 overall, Herndon Virginia injury and disability lawyer Doug Landau used the race to get ready for the weekend’s USAT&F National road race 12km championship in Alexandria, Virginia.  Maintaining an average heart rate of 174 bpm, Landau hopes to run with the same intensity on the flat, fast Old Town course.

The Fairfax County XC course fun running events raised over $3000 for The Wounded Warrior Project!  Click here for results for the 11km.

Douglas K.W. Landau is admitted to practice in DC, VA, CT, FL, and NJ. Abrams Landau services clients in Washington DC, Pennsylvania, PA, Maryland, MD, Virginia, VA (including Northern Virginia, Fairfax county, Loudoun county, Herndon, Reston, and more), Connecticut, CT, Georgia, GA, Florida, FL, New Hampshire, NH, New York, NY, New Jersey, NJ, Maine, Massachusetts, MA, Rhode Island, RI, North Carolina, NC, and South Carolina, SC.

Information disseminated on this website is intended for informational purposes only and is not legal advice. This information is not intended to create an attorney-client or similar relationship. Please do not send us confidential information. Past successes cannot be an assurance of future success. Whether you need legal services and which lawyer you select are important decisions that should not be based solely upon this website. Please contact: Abrams Landau Ltd. at (703) 796-9555.