Articles from Burg Simpson

Darmerica LLC Initiates Pressing Recall after Dangerous Labeling Error

By Burg Simpson

Darmerica LLC Initiates Pressing Recall after Dangerous Labeling Error A label mix-up at the production and distribution level of the prescription drug manufacturing process could have a dangerous trickle-down effect on unknowing consumers. On September 12, 2019, the FDA announced that Darmerica LLC is voluntarily recalling two lots of Quinacrine Dichloride, an “active pharmaceutical ingredient” (API) shipped… Read more »

The Who What When and Why of Transition Site Inspections

By Burg Simpson

The transition process is often focused on the election of board members. But, in reality, that is only the beginning of the transition. It is what comes after a majority of the board is owner-elected that is important to the success of the community association.  As we have discussed in prior posts, transition is a… Read more »

Burg Simpson Files Class Action Lawsuit On Behalf Of Ohio Ambetter Policyholders

By Burg Simpson

Burg Simpson Files Class Action Lawsuit On Behalf Of Ohio Ambetter Policyholders Burg Simpson has filed a class action lawsuit on behalf of Ohio consumers who purchased Ambetter insurance through the Ohio Health Insurance Exchange.  Class action lawsuits allow consumers, whose individual claims may be too small to file an individual action, to join forces… Read more »

Injury Risk Triggers Recall of STIHL Mower Heads

By Burg Simpson

On September 5, 2019, STIHL initiated a recall of its PolyCut™ Mowing Heads, citing the risk of injury the products pose to the user and/or bystanders as the motivation behind its recall. According to the U.S. Consumer Product and Safety Commission (CPSC), the bolts securing the three plastic blades and holding the mowing head together… Read more »

Smooth Shave or Smooth Transition

By Burg Simpson

To get a smooth shave I’m told that you need to: have a sharp razor; use a good soap/cream; be careful and methodical; Well, getting a smooth transition of your community association from declarant control to homeowner control is exactly the same. First, you need a sharp razor.  I don’t mean to slit someone’s throat,… Read more »

Experts to Rely on During Transition & Questions to be Asked [Chart]

By Burg Simpson

Expert Possible Questions Community Association Manager Is budget sufficient? Do you have complete records? Have you reviewed enforcement action taken? Do you have transition audit? Have you provided a board member orientation? Do you understand interplay with any master/sub/special district? Do you have copies of any sales materials provided by declarant? CPA Is the transition… Read more »

SAPIEN 3 Ultra Delivery System Recalled over Concerns of Injury and Death

By Burg Simpson

heart valve surgery sapian 3 transcatheter aortic replacement

On August 22, 2019, the FDA reported that Edward Lifesciences, LLC recalled its SAPIEN 3 Ultra Delivery System due to reports of burst balloons during transcatheter aortic valve replacement surgery. Transcatheter aortic valve replacement surgery is a minimally invasive procedure where the aortic valve is replaced using a catheter- a thin tube inserted into the… Read more »

Construction Defects Time Limitations Across States

By Burg Simpson

Often community managers will know of at least one particular community that has recurring problems. It is always important not to delay investigation because of applicable legal time limitations. Depending on the age of the buildings and a specific set of events, suit can or cannot be brought by the association. Typically, associations in Colorado… Read more »

Lawsuits Filed Against Allura USA Alleging Defective Fiber Cement Siding

By Burg Simpson

Multiple lawsuits have been filed against Allura USA and its corporate affiliates (collectively “Allura”) in Iowa, Kansas, Massachusetts, North Carolina, Ohio and South Carolina, alleging that its fiber cement siding is defective. Allura advertises on its website that its fiber cement products have a 50-year limited warranty and will not “rot, warp, fade, burn or… Read more »

Honoring the Memory of Fallen Denver Police Officer, Alson McCasland

By Burg Simpson

Honoring the Memory of Fallen Denver Police Officer, Alson McCasland The Jeremy Bitner Fallen Officer Fund   On Saturday, September 7, 2019, at 11:00 am, The Jeremy Bitner Fallen Officer Fund Board of Directors will be participating in a ceremony to honor fallen Denver Police Officer, Alson McCasland. Officer McCasland’s department motorcycle collided with a… Read more »

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