Author: Dan Voelker

Class actions ask court to void workers’ comp lawsuit loans, order Oasis, E-Z Case Loans to repay borrowers

By on April 22, 2020,

By Jonathan Bilyk
pubished January 8, 2020

Two third-party litigation financing companies have been targeted by class actions, accusing them of “loan sharking” and issuing illegal loans.

On Jan. 6, attorney Daniel J. Voelker, of Chicago, filed two lawsuits on behalf of two different named plaintiffs, taking aim at prominent lawsuit financiers Oasis Legal Finance and E-Z Case Loans.

The lawsuits center on the lenders’ alleged practices surrounding loans for people pressing workers’ compensation claims for injuries allegedly sustained while on the job.

Named plaintiffs include Jami Kaplan, against Oasis, and Dawn Wilczak, against E-Z Case Loans.

Oasis and E-Z each specialize in providing loans to people seeking to bring personal injury and workers’ comp lawsuits. The loans act as an advance on court awards or settlements the plaintiffs expect to receive from their cases.

“Behind on your bills? Waiting for your case to settle? Let EZ Case Loans help,” reads copy on E-Z’s website.

“Life won’t wait for your settlement. Neither should you,” reads copy on Oasis Legal Finance’s website.

According to the lawsuits, however, each of the companies allegedly “preys upon persons who have been injured on the job and are in the midst of a dispute with their employer” and then charges those taking out their settlement anticipation loans “outrageous and unlawful interest rates.”

“Litigation funding is one of the newest areas of loan sharking by some unscrupulous lenders … seeking to make excessive profits by making unlawful loans to vulnerable persons in need of short-term funding to survive during the pendency of litigation,” the plaintiffs assert in their nearly identical lawsuits.

According to the complaints, both Kaplan and Wilczak each took out a loan from their respective lenders for $1,000, with an annual interest rate beginning at 36%.

“However, as the loan was due upon the settlement of the underlying workers’ compensation claim or action if the proceeds or payment was made (by the plaintiffs) sooner than one year, the interest rate charged (by Oasis or E-Z) could potentially be as high as 13,140%, or as low as 36%,” the plaintiffs said in their complaints.

According to the lawsuits, the litigation lenders require borrowers to sign over an amount equal to the loan, plus interest, of any award they may receive from their workers’ comp actions.

Read the full article at CookCountyRecord.com…

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Force Majeure is the Term Du Jour!

By on April 16, 2020,
The SARS CoV-2 coronavirus causes COVID-19 disease.

The SARS CoV-2 coronavirus causes COVID-19 disease.

A force majeure clause in a contract relieves the parties from performing their contractual obligations. Many contracts contain such a provision. Given our current environment of local, state, national and global emergencies as a result of COVID-19, this long-forgotten provision may provide a salvation for a party unable to perform through no fault of her own.

Force majeure provisions are frequently drafted to include valid excuses for non-performance in the event of, among other things, a hurricane, tornado, medical epidemic, labor unrest, acts of war or “acts of God.” Such provisions are generally narrowly-construed, meaning that only a listed event will act as a valid excuse from performance.

In the absence of a force majeure provision, the age-old common-law defenses of “impossibility of performance,” “frustration of purpose” or “impracticability” may provide a defense. These defenses are, however, more difficult to sustain and prove.

A carefully worded force majeure clause is an important tool in drafting a contract under the current circumstances. Taking appropriate precautions at the outset of a contractual relationship will give you the safety, security and flexibility you need in today’s unsettling and unknown environment.

 

Do you have a business problem caused by a force of nature or other events outside your control? Talk to a commercial lawyer who is knowledgeable about force majeure.

Call (312) 870-5430.

 

The Highest Moral Character and Integrity

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I met Dan years ago. He has consistently assisted us in many legal issues. He is of the highest moral character and integrity. His familiarity with the law and creativity is incredible.

— William M.

 

Thoughtful and Creative Legal Assistance

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Dan has represented me for a number of years. I made a few regretful business decisions and investments. But, Dan has jumped in and recovered my investments. I recommend him to anyone looking for thoughtful and creative legal assistance.

— Ingrid A.

 

Got me trust funds I had been denied for over a decade

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No one else would touch my case. Mr. Voelker took it and ran with it. He was able to get me the trust funds that I had been denied for over a decade. I highly recommend him to anyone in need of the services of a litigator and trial lawyer.

— Scott S.

 

Years of Experience!

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We thought that our case was dismal, but Dan turned it around and put us in the driver’s seat. He is very good at what he does with years of experience!

— Melina D.

 

Wonderful

By on April 2, 2020,

Working with Mr. Voelker was no less than wonderful. I tried to resolve an issue with a company for 7 months and they kept ignoring me, I hired Dan and from start to finish, I had a settlement in 3 months. He handles everything in a very straightforward no nonsense manner. I could not be more pleased with his service and I will most definitely, without a doubt call him in the future when I need legal help again.

— Tammy C

 

Modigliani: New Authentication Projects May Explode Global Collecting Market

By on March 30, 2020,

by Daniel J. Voelker, forensic historian and art lawyer

While fraud and forgery in the art world are not new phenomena, the works of Modigliani may be setting a new bar for a confluence of value-enhancing factors, including scarcity and an inventory of outed fakes that have driven prices to record highs. The caveat on the frenetic market for authentic Modigliani art is the challenge of finding one in the first place. Because the artist’s work is infamous for numerous cases of forgery within the highest circles of the art world, coupled with poor documentation, there were previously believed to be only 337 authentic Modigliani works in existence (Esterow, 2017.) But this is about to change. Several parties have been quietly working on new catalogues and new validating technologies to shake up the global Modigliani collecting market, which may result in a king’s ransom of works being authenticated and brought to market.

The realization that so many extant fakes reside on the walls of collectors, accompanied by equally worthless certificates of provenance, has led to the drive for new, validated catalogues of work. For those who can prove provenance the payoff is on par with any other scarce collectible. Paintings purchased prior to 1950 for less than $5,000 are now insured and estimated to be worth $20,000,000 or more. In just the past five years, Modigliani’s 1917 painting “Nu Couche,” sold at auction for 170.4 million dollars (CNBC, 2018.)

Countless stories of false authenticity hang like a black cloud over the Modigliani market, creating enough uncertainty and skepticism to make the sale of any work a challenge. The paucity of agreed-upon catalogues creates a double-edged conundrum: the seller can’t guarantee authenticity and the buyer can’t validate a purchase. Modigliani imposters are so pervasive that it’s become something of a joke in the industry. “Modigliani was producing more dead than when he was alive,” remarked Carlo Pepi, a well-known Italian art collector (Cohen, 2014.)

Read the full article… (PDF)

 

Voelker Litigation Group Secures $9 Million Jury Verdict in Chicago Women’s Rights Case

By on January 16, 2019,

UPDATED Sept 28, 2020

CHICAGO, Jan. 16, 2019 (GLOBE NEWSWIRE) — In the space of just one day, a Chicago jury awarded $1,000,000 in compensatory damages and $8,000,000 in punitive damages to a Chicago woman, in her case against a wealthy Chicago insurance executive, for his egregious conduct. The jury of six men and six women deliberated for one hour before returning a unanimous decision, finding the defendant guilty of one count of sexual assault and four counts of assault and battery against the woman.

The verdict was reached on Tuesday, January 15, 2019 in the Circuit Court of Cook County, Illinois Law Division.

The Executive, who owns interests in several Chicagoland insurance companies, was found guilty of multiple transgressions of the rights of a woman with whom he was acquittanced, between October 5, 2015 and March 23, 2016. The charges against the Executive included strangling, physical and verbal violence and non-consensual sexual behavior.

“This is a strong message from the heart of the #metoo movement to defend women against powerful men who feel that because they have wealth, they can act with callous disregard for the laws of humanity and the Republic. It took a jury of 12 people just one hour to determine that one woman’s suffering was worth eight million dollars in remuneration for scars that will last a lifetime. I can only hope that if this example doesn’t at least deter this kind of behavior, it sends a message that if you are a victim with a voice, the public has an ear,” said attorney Daniel J. Voelker. Voelker and Olga S. Dmytriyeva, who represented the victim, and are available for comment.

https://www.globenewswire.com/news-release/2019/01/16/1700909/0/en/Voelker-Litigation-Group-Secures-9-Million-Jury-Verdict-in-Chicago-Women-s-Rights-Case.html

Appellate Court Opinion

The Appellate Court of Illinois, First District, issued an opinion September 28, 2020, upholding the original trial but reducing the punitive damages from $8 million to $1 million for a total verdict of $2 million.
Read the entire opinion…

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The Lawyer Everyone Needs

By on June 29, 2018,

I am absolutely thrilled that I made the decision to hire Mr. Voelker to handle my case. In addition to being very easy to talk to, he is straightforward and has a no nonsense approach. He asked me my thoughts and what I wanted to do, he truly represented ME in every way. I will no doubt use Dan in the future for all of my legal needs and I highly recommend him.

— Tammy

 

Outstanding Attorney

By on April 25, 2018,

I have known Dan Voelker for approximately 18 years. My experience with him is that he is an excellent attorney who has demonstrated how to get to the heart of a matter, create a plan for the case and understand the issues on both sides to prevail for his client. Exceptional attorney in the courtroom.

 

Great lawyer

By on April 24, 2018,

Dan Voelker represented me in a personal injury lawsuit about five years. His legal expertise helped me to successfully win the judgment in my favor. To this day I could call upon him for his expertise legal advice in many matters. He is on the top of his game above the vast majority of lawyers in today’s overcrowded legal arena.

— John

 

One of my life lines

By on March 1, 2018,

Help save my future against my ex-husband who decided to stop paying me and went up against not only him but the Chicago Police Department to help me get my share of a court-ordered pension while I live in another state he went to court and got the restraining order so that my ex could not run and hide with all the pension and leave me with nothing like I had been living for almost 2 years. I so highly recommend this lawyer he did this for me almost without very little money down and is accepting very little money for monthly payments from me I highly recommend this attorney to anyone thank you Daniel.