Lawyers.com Blog

Toyota Recall Increasing

nospam@example.com (Michael P. Ehline) — Wed, 10 Mar 2010 18:53:43 -0500

March 10, 2010 (by Horatio Algren) According to reports the Toyota recall that has involved 8.5 million of the companies vehicles is expanding to include more vehicles.

Toyota has now included in their recall Toyota Tundra pickups from 2000 through 2009 and has stated it will fix them all, instead of the 110,000 it had recalled in cold weather states.

When the Tundra’s were recalled in cold weather states the automaker said the road salt used in these states could cause corrosion and cause spare tires or even the gas tank to fall off the vehicle onto the road.

Yesterday all U.S. Toyota auto dealers were notified that Toyota Motor Corp is expanding the Tundra recall to pickups sold in all 50 states. This comes after reports of the San Diego and New York Toyota Prius sudden acceleration incidents. If you were injured as the result of a Toyota accident in LA, contact a Los Angeles personal injury attorney asap.

Continue reading "Toyota Recall Increasing"

U.S. Department of Transportation to Investigate San Diego Toyota Prius Sudden Acceleration Incident

nospam@example.com (Michael P. Ehline) — Tue, 09 Mar 2010 18:00:01 -0500

Earlier today, the news was discussing an out of control Toyota Prius in San Diego that had supposedly been "fixed" by Toyota. This latest in a series of unexplained sudden acceleration incidents and recent allegations by a former Toyota attorney that the automaker hid or destroyed evidence of sudden acceleration, the feds are focusing in on this latest sudden acceleration incident in San Diego.

Previously, the 2008 Toyota Prius that was operated by 61 year old James Sikes
accelerated uncontrollably reaching speeds of over 90 miles per hour. This latest incident
took place on a San Diego Freeway, Interstate 8 on Monday afternoon
when Sikes passed another vehicle and then the Prius began accelerating
further. For approximately the next 20 minutes the Toyota hybrid’s speed
was 90 miles an hour on the freeway, according to the California
Highway Patrol.

Whether or not it is mechanical, or electronic, evidence is surfacing that the problem is a known problem that should have put someone on notice in my opinion. What do you think?

Continue reading "U.S. Department of Transportation to Investigate San Diego Toyota Prius Sudden Acceleration Incident"

FERS & CSRS Disability Retirement: Agencies

nospam@example.com (Robert R. McGill) — Wed, 10 Mar 2010 18:46:39 -0500

Agencies often engage in acts which clearly impede a Federal Disability Retirement. Think about it. If a Human Resources Department is set up to provide services for the assistance and processing of people who are requesting a service or benefit which is offered and is a part of being a Federal or Postal employee, one would think that such a department would do everything inside (and even outside) of the purview of the mandate of such a creation, in order to further the needs of the Federal or Postal employee. That is why the Federal sector is often criticized. In the private sector, such departments are funded to make sure that the mission is fully accomplished. Yet, too often, when a Federal Disability Retirement application is submitted to the Agency Human Resources Department, that department will take its time; will "inform" the applicant that the packet is "incomplete", and let the packet sit in a pile of other Federal Disability Retirement packets. Now, in all fairness, this is not always the case. But what is always interesting, is that when an Agency's H.R. Department goes out of its way to be helpful, it is an event to be celebrated. In fact, it should be the other way around; helpful H.R. offices should be the norm; when an H.R. Department is unhelpful, it should be of great surprise to all. Be that we lived in such a universe. No wonder people spend hours on computer games of virtual reality.

Sincerely, Robert R. McGill, Esquire

Looking to Hire an Attorney in Fresno, CA? How to Prepare.

nospam@example.com (Lori R. Mayfield) — Wed, 10 Mar 2010 17:17:01 -0500

What to prepare if you are meeting with an attorney in Fresno

Selecting the right Fresno lawyer to be your attorney in Fresno is a major decision, one that you should not approach lightly. Once you have narrowed down your choice and settled on your Fresno attorney, here are some things you can do to prepare properly for meeting with your attorney:

- Search the Internet to learn about your legal problem. Read articles and blogs, and discuss your situation with others who may have had similar problems.

- Make copies of everything you are going to need to take with you to the attorney's office.

- Make a written list of questions. There can be a lot to discuss and many people are nervous when speaking about their problems with an attorney for the first time.

- Being unprepared may cost you money, because it will take longer for the lawyer you hire to get up to speed on your legal matter.

Bring your contact information

The lawyer will want to know who you are and how to contact you. Be sure the lawyer has your:

- Home address
- Work address
- Home phone
- Work phone
- Cell phone and/or pager
- Fax number
- Email address

Provide a summary of the facts

Bring a chronological summary of the facts leading up to your decision to meet with a lawyer. Important facts include:

- The names of the parties in your dispute
- Key background facts
- The date the dispute or problem began
- The type of dispute
- Key events of your dispute
- The current status of your dispute

Supply related documents

You should bring important documents that relate to your matter such as:
- Contracts
- Correspondence, including emails
- Photos
- Accident reports
- Employment materials, such as an employee handbook
- Witness statements

Keep track of dates

Dates are very important and must be accurate. Buy a calendar and mark down the dates of when events occur, including when you receive any notices or other documents. Bring the calendar with you to your meeting and discuss.

Contact Mayfield & Leath, Attorneys at Law, when you are seeking Fresno attorneys. One of our highly regarded Fresno attorneys will be happy to schedule a consultation with you.

Mayfield & Leath, Attorney at Law
Law Office in Fresno
1500 West Shaw
Suite 204
Fresno, CA
Telephone (559)761-0292
Fax (559)222-0702

Continue reading "Looking to Hire an Attorney in Fresno, CA? How to Prepare."

Florida Might Prohibit All Cell Phone Use in Vehicles (Accidentally)

nospam@example.com (James W. Martin) — Wed, 10 Mar 2010 17:35:21 -0500

How would you like to be pulled over by the Florida Highway Patrol for talking on a cell phone while driving. That might happen if the 2010 Florida Legislature adopts HB 323 in its present form.

The bill is intended to stop drivers from texting while driving. However, it defines texting rather broadly as "any digital communication manually created by a person to be transmitted electronically between physical devices". Oops. I think your dragnet picked up cell phones in that definition.

I suggest someone amend that bill so that voice-based communications are excluded. Unless they want about 10 million unhappy residents.

Continue reading "Florida Might Prohibit All Cell Phone Use in Vehicles (Accidentally)"

Information Your Medical Malpractice Attorney Needs

nospam@example.com (R. Clay Milling) — Wed, 10 Mar 2010 16:52:51 -0500

When you visit an Atlanta medical malpractice law firm for a consultation, your attorney will need some basic information to determine if you have a potential claim. If you prepare properly for your consultation, your attorney can work efficiently and give you a quick understanding of your legal position.

Circumstances establishing medical malpractice in Georgia

To initiate a case, Georgia medical malpractice law firms need to be confident that—

Your medical provider failed to follow accepted standards of care
The failure directly resulted in your medical injury

Both of these factors must be present in order to initiate an Atlanta medical malpractice claim.

Information needed by your Georgia medical malpractice law firm

Timeline of events. Review your calendar and make a complete list of every date on which you had contact with your medical provider or you experienced an adverse medical event
Medical records. Gather all of your medical records—everything you have. Present your attorney with a complete medical history, up to and including your recent medical injury
Medical bills. Put together all bills that are in any way related to treatment you received from the doctor who you believe is responsible for your injury
Records of wage loss. Bring pay stubs and W2 forms that demonstrate how much you used to earn. Also make sure you have a letter from your doctor that names the date that you were found medically unable to work.

Qualified attorneys use all of this information and more to aggressively pursue Georgia malpractice settlements.

Get compensated for medical malpractice in Atlanta

After you have made your initial presentation of information to your attorney, continue to keep detailed notes of your medical treatments. Continue to collect new medical records and medical bills. The diligence of injured people in keeping track of new information about their case is crucial in helping attorneys achieve Atlanta medical malpractice settlements. If you have been hurt due to medical malpractice, contact Atlanta law firm Henry Spiegel Milling LLP.

Continue reading "Information Your Medical Malpractice Attorney Needs"

Florida Considers Media Sanitization Law

nospam@example.com (James W. Martin) — Wed, 10 Mar 2010 16:57:07 -0500

The 2010 Florida Legislature is considering a law regulating how to remove data from computer media. It would apply to all state agencies and private corporations and entities doing business or located in Florida.

If adopted, HB 279 would become effective 7/1/10 and would mandate use of the purge or physical destruction techniques set forth in "Guidelines for Media Sanitization: Recommendation of the National Institute of Standards and Technology," NIST Special Publication 800-88.

It would apply to all "any information that is deemed secret, private, personal, or confidential in nature; contains identifying information, including names, personal or business addresses, social security numbers, credit or debit card numbers, bank account numbers, telephone numbers, or photographs that are recorded on media."

Sounds like a good idea. Wonder what it will cost everyone.

Continue reading "Florida Considers Media Sanitization Law"

Where are the Muni Watchdogs?

nospam@example.com (Robert E. Cartwright) — Wed, 10 Mar 2010 16:32:02 -0500

On February 24, I wrote an entry on my blog which asks: “What’s Going On at Muni Headquarters?” The accidents keep on happening and, in fact, are getting more egregious. I am now representing an innocent bystander who was hurt by an accident I reported in that same 2/24 piece (Rob Cartwright Blog Lawyers.com).

Since then there are have been a rash of new Muni accidents with varying degrees of seriousness, yet there is one incident that stands out and makes me again question what is going on at Muni, and who is really in charge and do they care at all about these incidents.

Documented briefly by both The SF Chronicle (Muni Accident Hit & Run) and SF Weekly (Muni Driver Bike Hit & Run), on March 4 a bicyclist was blooded and dazed on Market near Fifth Street, following a collision with a 5 Fulton bus. More distressingly, however, is that eyewitnesses told investigators that the bus driver refused to stop, even when passengers told him he'd hit a bike rider and begged the driver to return to check on the cyclist.

A passenger and witness on the 5 Fulton recalled the incident when she revealed, “People were like, 'You hit a bike, you need to stop,'" said Mary Chancey, a passenger on the 5 Fulton bus. "He (the bus driver) said, 'She fell by herself'", and he continued driving down the street. Chancey said approximately ten bus riders on board demanded that the driver stop following the 8:30 a.m. collision -- but he instead left the scene.

The bus driver, a Muni employee, made the decision not to go back to the accident site even though it involved his vehicle. Worse yet, he purposely fled the scene of the incident even though he was told by numerous witnesses that he caused the crash. This isn’t an accident any longer, this is a crime.

Multiple eyewitnesses on the street confirmed to authorities that the cyclist was hit by the bus. The victim, who spoke to police, was loaded onto a gurney and taken away in an ambulance.

Muni spokesman Judson True said police and a Muni investigator were on the scene soon after. "Clearly this is a serious allegation, and we are investigating it now," he noted. True said the initial report he received was that the cyclist fell near the bus, and subsequently made contact with her and her bike. This assertion was negated by eyewitnesses.

So what are Muni and Nathaniel Ford, Sr. (Muni Organization Chart), the Executive Director and CEO of San Francisco Municipal Transportation Agency, doing to make Muni employees become safer drivers and operators? Are they truly looking out for the safety of passengers and others, or they more concerned with revenues? At a time when Muni is raising rates and cutting services, what is being done to make the agency more responsive to its users?

This is a problem that is waiting for thorough documentation of its dangers from the press. Who is holding Muni responsible?

Rob Cartwright

Continue reading "Where are the Muni Watchdogs?"

Florida Legislature Considers a "Foreclosure Bill of Rights"

nospam@example.com (James W. Martin) — Wed, 10 Mar 2010 16:41:06 -0500

Welcome to America in the 21st century where in Florida we are considering adopting a "Foreclosure Bill of Rights". The 2010 Florida Legislature has pending before it a bill that would provide additional rights when a homestead is foreclosed.

If adopted, HB 75 would become effective 7/1/10 and would allow a homestead owner to file a notice invoking the Foreclosure Bill of Rights. Within 45 days thereafter, the lender would have to obtain a new appraisal of the homestead. Then the lender would have to provide the appraisal to the borrower along with copies of all the loan closing documents involving the mortgage.

So far so good in protecting the borrower. Here's where the bill takes a left turn. The borrower would then have 30 days to provide a sworn financial affidavit and copies of 3 years of tax returns and bank statements. These are documents that the lender would not have been entitled to receive before obtaining a judgment against the borrower.

So, this bill essentially requires the borrower to give up the right to keep these documents private in order to....what....require the lender to give the borrower copies of the loan closing documents and get a new appraisal. The loan closing docs are available through discovery, anyway. So far, the bill seems more beneficial to the lender than the borrower.

I wonder who wrote this one.

Continue reading "Florida Legislature Considers a "Foreclosure Bill of Rights""

Florida Might Prohibit Deficiency Judgments in Homestead Foreclosures

nospam@example.com (James W. Martin) — Wed, 10 Mar 2010 16:28:38 -0500

The 2010 Florida Legislature is considering a bill that would prohibit deficiency judgments in foreclosures of homestead property.

If adopted and signed into law, HB 35 would take effect on July 1, 2010. It would prohibit the lender obtaining a deficiency judgment when foreclosing on a Florida homestead.

This would mean that the lender could only recover from the sale of the homestead at the courthouse steps. The lender would not be able to get a personal judgment against the borrower for the shortage between the sale price and the loan amount.

The bill is silent with regard to whether a lender may elect to sue only on the promissory note and not sue on the mortgage. If this was not prohibited, then a lender could get a personal judgment on the note by electing not to foreclose the mortgage.

The Legislative Session only began on 3/1/10. Who knows whether this bill will become law?

Continue reading "Florida Might Prohibit Deficiency Judgments in Homestead Foreclosures"

Take My Name Off the Deed, Please

nospam@example.com (James W. Martin) — Wed, 10 Mar 2010 16:27:55 -0500

So, how do you take your name off the deed? How do you take anyone's name off the deed? It depends on where the real estate is located. In Florida, and in most states, you cannot literally take a name off the deed.

Here's the reason. Many people think houses are like cars. Cars have title certificates, so houses must, too. But they don't. At least not in Florida.

Vehicle title registration systems are mostly a 20th century thing. Cars are, too. Land ownership, on the other hand, is ancient. Florida land ownership laws are based on the common law of England so there are no title certificates. Instead, who owns land and houses on land is determined by searching the public records where deeds are recorded. The last deed recorded usually says who the current owner is.

Of course, that's why you need title searches and title insurance: to cover those times when the last deed does not name the current owner.

So, how do you get someone's name off the title to real estate in Florida? It depends. Sometimes it takes recording another deed. Sometimes it takes recording a death certificate. It all depends on the facts and the state of the title. Which is what lawyers and title companies help you do.

Continue reading "Take My Name Off the Deed, Please"

Being Investigated by Police in Orange County, California?

nospam@example.com (Scott D. Hughes) — Wed, 10 Mar 2010 15:11:26 -0500

An Orange County criminal investigation usually begins when a person contacts law enforcement and reports a crime. Once a crime is reported to police, law enforcement conducts a criminal investigation before filing the police report with the Orange County District Attorney's Office or with another prosecuting agency. Therefore, pre-file criminal investigations occur before criminal charges are filed and allow law enforcement to determine if there is sufficient evidence to believe that a particular person has committed a crime. If the police find sufficient evidence, the suspect can be arrested and or charged with a crime. However, if the police do not sufficient evidence that either a crime has been committed or that a particular person has committed it, then the person will not face any legal action.

If you or a loved one believes that they may be the subject of a criminal investigation it is in your best interest to speak to an experienced Orange County Criminal Investigation Attorney, such as Scott D. Hughes, immediately. Throughout a criminal investigation, a person suspected of a crime may be questioned by police. By having former law enforcement officer Scott D. Hughes by his or side, the person can ensure that his or her rights are protected and that he or she is kept aware of his or her rights throughout the process. Additionally, if Orange County Criminal Lawyer Scott D. Hughes gets involved before charges are filed, there is a significant chance that he can negotiate with law enforcement and challenge potential evidence.

Scott D. Hughes provides free criminal investigation consultations and can be contact at (714) 423-6928 or scott@scotthugheslaw.com

Continue reading "Being Investigated by Police in Orange County, California? "

"THEY SUSPENDED MY LICENSE!": ALCOHOL AND THE UNDERAGE DRIVER

nospam@example.com (Matthew David Keenan) — Wed, 10 Mar 2010 16:00:59 -0500

Now that you have your own set of wheels, you feel really cool. So after school, you thought you’d take your friends for a night on the town. You were watching the road, so you didn’t realize your buddy in the back seat had popped open a beer. You yourself had a beer, but you figured you were way under the state’s .08 alcohol limit.

Unfortunately, an officer pulled you over. Now, you are charged with an alcohol-related driving offense and face the suspension of your driver’s license.

Under the Zero Tolerance policy, the Illinois Secretary of State will automatically suspend the license of any driver under age 21, who has been caught drinking or even carrying open alcohol in the passenger compartment of their car. You need not be anywhere close to the .08 breathalyzer limit to lose your license. Any trace of alcohol in your system is enough, even a .01 reading.

You may also lose your license for having open alcohol in the passenger section of your car, even if the bottle wasn’t yours. If it is your bottle, you face a charge of illegal possession. But if it is not, you can still be charged with illegal transportation, causing the loss of your license for 12 months on a first offense.

If you are under the age of 21 and have been charged with an alcohol-related crime, you should immediately seek the advice of an attorney. You may be able to contest the charges against you. Maybe the officer lacked the probable cause to pull you over. Maybe you can negotiate a plea to a lesser offense.

Even if you are convicted of an alcohol-related offense, you may be able to obtain a restricted driving permit. The Secretary of State allows you to request a hearing to determine if you have a sufficient hardship to grant the permit. Primarily, permits are granted to allow you to go to work or to obtain medical care.

If you have been charged with a crime, it is essential that you not speak about these charges with anyone, either in person or through electronic means such as twitter or Facebook. Any statements you make to the police or a friend can come back to hurt your defense.

If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com for advice.

Continue reading ""THEY SUSPENDED MY LICENSE!": ALCOHOL AND THE UNDERAGE DRIVER"

Your Rights After You Are Arrested

nospam@example.com (Adrian King) — Wed, 25 Nov 2009 15:33:54 -0500

Your Constitutional rights

Looking for Ohio criminal law attorneys? Visit: www.Quickjd.com

After you are arrested and in police custody, you are entitled to certain rights in Ohio, as provided by state procedure and the Constitution. In addition to the Fifth Amendment, which guarantees your right to remain silent—to avoid self-incrimination during police interrogations—and your right to an attorney, the Sixth Amendment also secures several rights for criminal suspects:

Speedy trial: ensures that you will not wait in incarceration for too long prior to the trial, to minimize anxiety and concern due to the accusation, and to reduce the risk of defendants’ ability to themselves diminishing over time
Public trial: prevents possible abuse of police and prosecutors
Jury trial: this does not cover petty misdemeanor offenses, jury trials are intended as safeguards against judicial abuse
Notice of the accusation: this simple concept, perhaps taken for granted, requires that criminal defendants know the accusations against them and that these accusations should be quite specific
Confrontation with opposing witnesses
The right to favorable witnesses: defendants may present themselves as witnesses or request—including by subpoena—that other favorable witnesses are called before the court
Right to counsel: defendants are entitled to privately retained legal counsel or a state-provided counsel; a defendant may also waive the right to counsel.

The criminal process in Ohio

In order to hold you in custody, police in Ohio must file charges against you within 72 hours of your arrest. When charges are filed, you will appear at your arraignment, at which you can enter four possible pleas in response to the charges:

Guilty plea: you admit the facts of the crime
Not guilty plea: you reject the charge and then a trial date is set
No contest plea: you do not admit guilt, but you do not dispute the charge; this results in a plea bargain
Mute plea: results in a not guilty plea and avoidance of admitting that the proceedings against you have been valid to that point

During your arraignment, bail—or the refusal to set bail—will be determined. For more information about the criminal process in Ohio and your rights, contact an experienced Ohio Criminal Attorney. The Quickjd.com Legal Portal is a great resource to find Ohio criminal defense lawyers. Call Toll Free at: 1-877-263-4613

Categories:

Ohio Criminal Defense Attorney

Ohio Criminal Laws

Ohio Criminal Lawyer

Continue reading "Your Rights After You Are Arrested"

Comparing Differences Between Chapter 7, 11, and 13 Bankruptcy Claims

nospam@example.com (Adrian King) — Mon, 19 Oct 2009 14:24:25 -0400

Different Types of Bankruptcy in Ohio

Whether you are filing a personal bankruptcy in Ohio or business bankruptcy, the problem is the same: too much debt. However, not all debt problems are alike. While there is no threshold to mark when bankruptcy should be filed, there are several telltale signs:

Creditors and collection agencies are constantly harassing you about their claims
You are accumulating new debts even as you struggle to pay back existing ones
Interest rates on loans are increasing due to missed payments
You are being denied additional credit
You are facing possible foreclosure on your house
Your sources of income, if any, are inadequate for meeting minimum payments on loans

If you are experiencing any of these situations, you may need to seek the help of a legal professional to learn about your bankruptcy options. Contact bankruptcy law firms in Ohio for ohio bankruptcy help.

Exploring your options

There are different types of bankruptcies for different debt situations:

Filing as an individual: individuals can file Chapter 7 bankruptcy or Chapter 13 bankruptcy
Filing as a business: businesses can file Chapter 7 bankruptcy or Chapter 11 bankruptcy

Your current and projected income, in relation to your debts, are main criteria for determining which type of bankruptcy to file.

Chapter 7 bankruptcy

Chapter 7 bankruptcy in Ohio—also known as liquidation—is the most common type of personal bankruptcy. By discharging debt, liquidating assets, and distributing the proceeds to creditors, Chapter 7 represents a “fresh start” for people badly in debt. At the same time, debtors do not emerge with an entirely clean slate, as a bankruptcy claim will remain in your credit history for at least 10 years.

Chapter 11 bankruptcy

Chapter 11 bankruptcy in Ohio is used by businesses that are unable to pay back creditors. In a Chapter 11 bankruptcy, a business owner must formulate a business reorganization plan and establish a repayment schedule, which must be approved by creditors. A skilled bankruptcy attorney can help you assess your business’s finances and present a plan to creditors.

Chapter 13 bankruptcy

In many ways, Chapter 13 bankruptcy in Ohio is like Chapter 11, but for individuals. Similar to Chapter 11, a repayment plan must be established and presented to creditors for approval. Typically, debtors are given three to five years to present a claim. Chapter 13 is often used by individuals who do not qualify for Chapter 7 under the “means test” required by Congress’s passage, in 2005, of the Bankruptcy Abuse Prevention and Consumer Protection Act.

Contact Ohio bankruptcy attorneys today at Ohio's legal portal, www.Quickjd.com.

Call Toll Free at: 1-877-263-4613

Ohio Bankruptcy Law Firm

Continue reading "Comparing Differences Between Chapter 7, 11, and 13 Bankruptcy Claims "

Does Georgia Recognize a Difference between Wrongful and Accidental Deaths?

nospam@example.com (R. Clay Milling) — Wed, 10 Mar 2010 14:51:09 -0500

Wrongful death claims are civil lawsuits. They can involve any death caused by negligent behavior. Even if the negligent person’s actions were unintentional and the death was accidental, the person who caused it can be sued for wrongful or accidental death.

If the negligent person’s actions were deliberate, in the case of murder, for example, that person may be brought up on criminal charges. However, the surviving family members can still file a wrongful death lawsuit in civil court. This is a separate legal action. Even if someone is acquitted of criminal charges, they can still lose a wrongful death lawsuit in civil court.

In Atlanta or Tucker, accidental death cases can be complex. A skilled Georgia wrongful death attorney can guide you through the legal process as you seek reparations for the loss of your loved one through a claim for wrongful death in Atlanta or wrongful death in Tucker.

Contact Henry Spiegel Milling today, Atlanta wrongful death attorneys because losing a loved one is incredibly painful. If your family member died as a result of negligence, you may have a wrongful death lawsuit.

At Henry Spiegel Milling, our attorneys have extensive experience representing clients in wrongful death cases throughout Georgia, including Atlanta and Tucker. Contact us today for a free consultation.

Continue reading "Does Georgia Recognize a Difference between Wrongful and Accidental Deaths? "

Truck Accident Attorney Tips: Driver Qualification Files

nospam@example.com (Steven M. Gursten) — Wed, 10 Mar 2010 14:57:05 -0500

Rule of the Road No. 4 – Know that Complete Driver Qualification File is a MUST After a Truck Accident

A motor carrier is required to keep seven documents in each of its drivers’ qualification files. But it’s almost inevitable that a negligent truck company will fail to produce a complete file after a serious truck accident in Michigan.

In this event, a truck accident attorney’s trial preparation must highlight the carrier’s failure to comply with 49 CFR § 391.51. This critical Federal Motor Carrier Safety Administration Regulation states that a motor carrier is required to maintain a complete driver qualification file for each driver it employs.

The truck driver qualification file must include:

1. The trucker’s application for employment;

2. A copy of the motor vehicle record received from each state where the driver held or holds a motor vehicle operator’s license during the preceding three years;

3. The certificate of driver’s road test issued to the driver or a copy of the license or certificate which the motor carrier accepted as equivalent to the driver’s road test;

4. The motor vehicle record received from each state drivers licensing agency to the annual driver record inquiry;

5. A note relating the annual review of the driver’s driving record;

6. A list or certificate relating to violations of motor vehicle laws and ordinances; and

7. The medical examiner’s certificate.

Once again, the qualification file must be retained by the truck company for as long as the driver is employed by that motor carrier and for three years thereafter.

Keep in mind, this regulation does not suggest a carrier SHOULD maintain SOME of these documents, but that ALL of these documents MUST be included in the driver qualification file.

More often than not, these documents are either outdated (especially the medical examiner’s certificate), or completely missing from the file. In your discovery requests, be sure to include all of the itemized documents that a carrier is required to preserve within 49 CFR § 391.51. Read here for more tips on legal discovery of the trucker and the truck. Here’s an extensive list of discovery documents.

On Thursday, my series on “Rules of the Road” for truck accident attorneys will continue with laws regarding automatic, on-board hours of service devices.

Steven M. Gursten is recognized as one of the nation’s top experts in serious truck accident injury cases. He is on the board of governors for the Association of Plaintiffs Interstate Trucking Lawyers of America and past president of the American Association for Justice Truck Litigation Group. Recently, he was named a Michigan Lawyers Weekly Leader in the Law for his efforts to promote truck safety.

Related information:

Michigan Truck Accident Statistics

Michigan Truck Regulations

Support for Truck Drivers

Previous blogs from “Rules of the Road Every Truck Accident Lawyer Needs to Know” series:

Rules of the Road: Intro for Truck Lawyers

Truck Driver Fatigue

Truck Lawyers: Get Your Hands on Those Discovery Documents!

Investigate the Trucker’s Background and History

Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Southfield, Sterling Heights, Ann Arbor, Grand Rapids and Detroit to better serve you.

Continue reading "Truck Accident Attorney Tips: Driver Qualification Files "

Motorcycle helmets: How well are you protected?

nospam@example.com (Michael M. Shea) — Mon, 08 Mar 2010 10:36:36 -0500

As spring approaches and the weather warms, many bikers spend more and more time on the open road. Fresh air, the wind in your face and the smell of freshly cut grass, all at one time, is an experience unique to motorcycling. In many states such as California, helmets are mandatory safety gear. There are many styles of helmets currently being made by even more manufacturers. It may be surprising to learn that just because a helmet sticker says it meets certain standards, such as DOT, it may not. And just because it meets a certain standard does not mean the helmet is free from defects.

Generally speaking helmets must pass certain tests. The tests are usually confined to three areas: Retention (will it stay on your head) Penetration (will it keep something from hitting your head) and Impact Attenuation (will it protect your brain in an impact so that it is not injured).

If any helmet has been involved in a prior crash, you should not use that helmet and buy a new one. "When in doubt, throw it out" is a good rule of thumb. Helmets come in three basic styles: full face, three-quarter and half shell or "shortie" helmets. Full face is thought to afford the most protection for the obvious reason that it covers most of the head. With helmets, just because it's covered does not mean it's protected. In any motorcycle accident where head and brain injuries are suffered, an examination of the helmet must be undertaken to determine whether there was any defect in manufacturing or design.

Shea & Shea is a nationally recognized personal injury law firm located in San Jose, California, with extensive experience in brain injury, spinal cord injury, and other serious and catastrophic injuries resulting from motorcycle accidents. Since 1966, Shea & Shea have represented many injured motorcyclists where the rider's or passenger's helmet is an issue needing thorough investigation in order to identify helmet failure or helmet defects. For more information, visit www.Shea-Shea.com or telephone 888-989-SHEA.

Continue reading "Motorcycle helmets: How well are you protected?"

What Are The Symptoms Of A Whiplash Injury?

nospam@example.com (Michele S. Lewane) — Wed, 10 Mar 2010 14:23:26 -0500

What Are The Symptoms Of A Whiplash Injury?

Posted on March 10, 2010 by injuredworkerslawfirm
| Edit

Do
not disregard a whiplash injury. For the victim a whiplash injury can
cause lots of suffering and life-long pain. Sudden movement of the
neck, which can be rapid or slow, can cause a whiplash injury. It may
come about through a road traffic accident or through contact sports.
It does not really matter what caused the injury in the first place,
you should never disregard it as nothing. In fact, if a third party is
responsible for a whiplash injury, the victim can well claim
compensation. Whiplash injury symptoms are described below:

Common symptoms of whiplash injury

a) Neck stiffness and pain

b) Headache

c) Neck swelling

d) Inability to move the neck properly

e) Tenderness in the back of the neck

Other more severe symptoms of whiplash injury

a) Pain in the lower back area

b) Muscle contractions

c) Exhausted

d) Hazy vision

e) Tinnitus

f) Sensations such as tingling, numbness and pain may be suffered in the hands and arms

g) Lightheadedness

h) Cannot swallow

i) Vertigo

After a whiplash injury, symptom such dizziness, blurred vision,
headaches and problems in swallowing will only continue for a few days.
The symptoms of this kind of injury can very often linger, and may not
go away without proper treatment which has been prescribed by your
doctor. Whiplash injury has also been reported to cause memory loss,

i) General damages

ii) Special damages

General damages for a whiplash injury will cover compensation for
the pain and suffering caused to you and people close to you because of
the injury. Included in the claim can be; psychological disorders such
as depression, emotional pain and loss of enjoyment. Medical reports
which state how the accident occurred and what possible effects it may
have on your life will need to be shown if you are thinking of making a
claim.

Special damage claim of a whiplash injury covers certain special losses
you have had due to the injury. It includes all loss of earnings and
wages you may have had during the period of treatment and also future
loss of earnings you may have to endure due to the injury. Expenses
such as, medical care, nursing and household requirements, incurred due
to the accident will be included.

Work Injuries not reported to the employer

nospam@example.com (Michele S. Lewane) — Tue, 17 Nov 2009 09:24:21 -0500

A report by the Government Accountability Office concludes that many
work place related injuries are not reported to the Occupational Safety
and Health Administration......

I would bet maybe 1/3 to one half of my injured clients either have the
insurance co.not report or the employer. Small injuries are definitely not
reported. like a “fender bender” , the employer wants to pay out of pocket
instead of report it. The problem is that if the injury gets more serious, the
injured worker may loose benefits if statute of limitation have run out.

The most egregious
thing about this is that I believe a study was done by the Virginia Workers compensation Commission, that 30% of on
the job injuries that were being treated by orthopedics, the VWC had no report
of injury. If the worker is going to a specialist it is a serious injury.

Since
the injured worker has the burden to proof and the insurance company has no obligation to
help him, an injured worker is at a serious disadvantage when their injury is
not reported to the Virginia workers Compensation Commission.

Rhode Island Criminal Lawyer; Complete Dismissal Achieved in Domestic Assault

nospam@example.com (Claudia Gregoire) — Wed, 10 Mar 2010 14:21:26 -0500

Providence Rhode Island Criminal Lawyer; Providence Criminal Lawyer;
Massachusetts Criminal Lawyer George J. West, Rhode Island criminal
lawyer George J. West recently successfully achieved complete dismissal
(48A) for a defendant accused of a simple assault domestic in 6th
Division District Court.

Statutes of Limitations and the Discovery Rule in Georgia

nospam@example.com (Jonathan W. Johnson) — Wed, 10 Mar 2010 13:59:25 -0500

One important reason to retain a GA wrongful death lawyer involves the Discovery Rule in Georgia. Experienced GA wrongful death attorneys know the details of this rule, which governs how both sides in a wrongful death case discover pertinent facts about the case. Discovery includes numerous possible processes, including but not limited to the following:

Deposition of involved parties under oath before a court reporter
Interrogatories, by which involved parties respond to questions in writing and under oath
Requests for various types of evidence, including documents or inspections, to obtain facts about a case
Subpoenas that may request involved parties to hand over evidence, undergo a deposition, or appear as a witness in court

Law Office of
Jonathan W. Johnson, LLC
567 LaDonna Drive, Decatur, GA 30032
Phone: 888-613-9260
Fax: 404-298-0553

Continue reading "Statutes of Limitations and the Discovery Rule in Georgia "

Steps for Filing Bankruptcy in Raleigh, NC

nospam@example.com (Joshua N. Levy) — Wed, 10 Mar 2010 13:53:53 -0500

Both individuals and businesses in Raleigh generally have two options for filing bankruptcy:

Those with little or no income and few assets may qualify for a liquidation bankruptcy under Chapter 7. This form of bankruptcy is generally considered to be the simplest form—most assets are sold, with the proceeds used to repay certain creditors at least part of what they are owed. The bankruptcy laws allow individuals to keep certain assets, but it is important to note that not all types of debt can be eliminated—certain debt, such as taxes, child support, and a host of others must be repaid.
Those who qualify as having enough income to repay debt can file for other forms of bankruptcy, under which they restructure loans so they can be repaid over an extended period, often as many as five years.
The procedures for filing bankruptcy vary based on the type of bankruptcy that the debtor qualifies for.

In general, however, any bankruptcy filing will follow a process similar to the following:

Obtaining the credit counseling that is a legal requirement before filing bankruptcy
Choosing the right type of bankruptcy based on your situation
Gathering detailed financial information required for the court to determine qualification for bankruptcy and itemize each debt item that must be dealt with during the bankruptcy process
Filing a petition for bankruptcy within the court
Working with court-appointed trustees and creditors to reduce or eliminate your debt based on the type of bankruptcy being filed
Finalizing the process that must be followed for repayment or dissolution of debt in court
Working through whatever liquidation or debt repayment process required by the court

Even a so-called simple Raleigh Chapter 7 bankruptcy filing can be complicated. Failure to properly complete even one form can abruptly halt the process. And, any debt details that were missed are not protected by bankruptcy law, so debtors can find themselves still facing debt problems after the bankruptcy process is complete.
Getting guidance from a qualified Raleigh bankruptcy attorney offers the best chances for obtaining the fresh start offered by bankruptcy.

Joshua Levy is a Raleigh bankruptcy lawyer with the skills you need to help you through every step of the process. When you need a bankruptcy lawyer in Raleigh, Levy Law Offices have the experience to get the fresh start you need.

Levy Law Offices
140-B Wind Chime Court
Raleigh, NC 27615

Continue reading "Steps for Filing Bankruptcy in Raleigh, NC"

Do All Personal Injury Cases Involve Physical Injury?

nospam@example.com (R. Clay Milling) — Wed, 10 Mar 2010 13:38:26 -0500

The majority of personal injury cases involve physical injury. However, personal injury cases are not limited simply to bodily harm. In fact, other types of injury may also be cause to file suit. They include:

Financial injury: While cases involving physical injury often result in a certain level of financial suffering as well, the two are not dependent upon one another. Although it does not commonly happen without a physical injury, financial injury does occur. If your economic stability is threatened or your property considerably devalued because of someone else’s negligence, you may be able to recover monetary damages for personal injury.

Injury to reputation: Defamation, slander, or libel may all have a negative impact on your reputation. If you suffer emotional or financial harm as a result of such behavior on the part of another person, it may be possible for you to file a personal injury lawsuit in Georgia against those responsible for your pain.

Contact Henry Spiegel Milling today, Atlanta injury lawyers

An injury—whether physical, financial, or to your reputation—can change your life forever. If that injury was caused by someone else’s negligence, you may be able to recover monetary damages. At Henry Spiegel Milling, our Atlanta personal injury lawyers have extensive experience representing clients in cases like yours. Contact us today for a free consultation about—

Atlanta injuries
Decatur injuries
Stone Mountain injuries
DeKalb County injuries

This article was provided by:

Henry Spiegel Milling LLP
http://www.hsm-law.com
950 East Paces Ferry Road
Atlanta, Georgia 30326
866.959.3877

Continue reading "Do All Personal Injury Cases Involve Physical Injury?"

Steps and Pitfalls of Buying a Business in California

nospam@example.com (Anthony C. Duffy) — Wed, 10 Mar 2010 12:52:10 -0500

Choosing a Business Type

The first step to any major life decision, such as purchasing a business, is to evaluate your choice carefully. Once you have made a firm decision to become a business owner, you need to think about what type of business is best for you and your family.

A business has to address your financial needs. It is difficult to increase a business’ profits considerably in a short time. Avoid a business without the profits to support your lifestyle immediately.

Make sure you have the financial resources to make a purchase offer before you begin your search. There is little point of looking to buy a business if you cannot make an offer when you see something you like.

These are not easy decisions and you need an experienced guide to make sure a business owner does not defraud you. Contact an Orange County business law firm and let a qualified attorney guide you through purchasing a business.

Due Diligence

You do not want to purchase a business with any financial, employee, supplier, or customer problems. Avoid these business buying pitfalls by doing your homework before making an offer:

Find out why the owner wants to sell the business
Find out what permits, licenses, and zoning observances the business requires
Learn about the business’ finances by requesting copies of tax returns and financial statements going back three years
Make sure there are no outstanding loans on the equipment or office building
Talk to the employees and find out what they think about the business
Make sure management is aware of the possible sale
Look into the product and customer service standards by interviewing previous and current customers
Talk to the company’s suppliers about their relationship with the current owner and if he or she consistently pays on time
Look into employee turnover rate

Check the offices, equipment, and furnishings to check cleanliness and maintenance
An experienced Orange County business attorney can explain a buyer and seller’s obligations during due diligence. Make sure that you make the right business choice for you and your loved ones, above all else.

The Law Offices of Anthony C. Duffy is located at:

4675 MacArthur Court, Suite 550
Newport Beach, California 92660
Telephone: (949) 336-1845

Continue reading "Steps and Pitfalls of Buying a Business in California"

Rhode Island Immigration Lawyer; Providence Immigration Lawyer; USCIS to begin Accepting H-1B petitions Apr. 1, 2010

nospam@example.com (Claudia Gregoire) — Wed, 10 Mar 2010 12:00:23 -0500

Rhode Island Immigration Lawyer; Providence Immigration Lawyer; H-1B Lawyer; Massachusetts Immigration Lawyer

USCIS announced that it will begin accepting H-1B petitions subject to the
fiscal year (FY) 2011 cap on April 1, 2010. The fiscal year cap (numerical
limitation on H-1B petitions) for FY 2011 is 65,000. Source: AILA InfoNet. See USCIS website link.

Rhode Island Immigration Lawyer; Providence Immigration Lawyer; H-1B Lawyer; Massachusetts Immigration Lawyer

Common Misconceptions About Child Support Laws

nospam@example.com (Leonel R. Plasencia) — Wed, 10 Mar 2010 09:59:23 -0500

Plasencia & Associates recognize there are a number of common misconceptions about child support and the support laws in Florida. Child support is an area of family law that produces more myths than many other areas of law. Believing these fallacies will only hurt your case, so be sure to do your homework to find and understand the reality about support laws and procedures.

Misconceptions About Child Support and Support Laws

If a child chooses to live with the non-custodial parent who has been paying child support, then the original support order is null.
False. Only the court can overturn a decision on a child support order.
Non-custodial parents can get their visitation rights revoked until they are caught up on child support payments.False. While it’s very important the child receives financial support, visitation cannot be withdrawn due to non-payment of support.
The amount of parenting time does not affect child support.
False. A parenting time schedule that includes over 93 overnights within a year can result in a reduction in a child support obligation. The court does not count the total number of parenting time hours or days, it counts overnight hours only.
Only fathers have to pay child support.
False. A father or a mother can be ordered to pay child support. In most cases, the parent who has sole custody of the child will receive support from the other non-custodial parent.
If a non-custodial parent quits his or her job, he or she will not have to pay child support.
False. Child support obligations are determined based upon parents’ actual income or earning capacity. If a parent quits his or her job without an extremely good reason, their support requirement will be determined based on their situation or will continue based on their original earning capacity.

Understanding the basic matters involved with child support will help you to make appropriate legal decisions related to support situations. For more information, contact our family law attorneys in Florida at Plasencia & Associates today for help with child custody laws in West Palm Beach.

This article was provided by:

Plasencia & Associates
http://www.plasencialawfirm.com
Suite 100,4 Harvard Circle,
West Palm Beach,Florida 33409
877-821-9365

Continue reading "Common Misconceptions About Child Support Laws"

Benefits of Using a Local Firm

nospam@example.com (Leonel R. Plasencia) — Wed, 10 Mar 2010 09:16:17 -0500

Familiarity and convenience are among the many benefits of using a local West Palm Beach divorce law firm. If you’re in search of a solution to your family law situation, it’s necessary to find a local attorney to help you. By choosing our West Palm Beach family law attorney you will benefit from the expertise a local attorney can provide. Working with a nearby firm can add value to your family law situation and can greatly help your case in a positive way.

Benefits of Using a Local West Palm Beach Law Firm

A local law firm will have the familiarity of local issues pertaining to family law that firms located farther away will not.
Hiring a local attorney allows you to be able to contact him or her more easily when there is a need to do so.
A local firm will provide a convenience to you and your family. Your attorney will be able to legally assist you in a more efficient way the more close-at-hand they are for you and your family.
Larger and more out-of-reach firms may not always have the ability to treat your specific case with the careful and close attention you desire. Local law firms – especially those dealing with family law - are able to offer a more dedicated team of attorneys to help you with your case.
Local attorneys are more available to go to court hearings and important meetings involved with your particular case.
A local firm is more familiar with the local courts, police officers, judges and other family law firms and lawyers in the area.
Using a local attorney can help establish a closer relationship of mutual trust between you and him or her.

This article was provided by:

Plasencia & Associates
http://www.plasencialawfirm.com
Suite 100,4 Harvard Circle,
West Palm Beach,Florida 33409
877-821-9365

Continue reading "Benefits of Using a Local Firm"

How to Find a Caring but Tough Attorney

nospam@example.com (Leonel R. Plasencia) — Wed, 10 Mar 2010 08:58:12 -0500

Looking for a Caring but Tough Lawyer

Plasencia & Associates know how important it is to find a tough but caring lawyer to represent you and your West Palm Beach family law case. To receive the most effective legal representation, it’s necessary that you first locate a law firm that centers a large amount of its practice on family law. It’s essential to locate the West Palm Beach family law attorneys that can – given their experience – work with you to ensure the best possible outcome for your case.

The practice of family law and the many issues that surround it can be very sensitive to an individual and the family involved. Family law attorneys deal with legal cases involving divorce, separation and child custody – all situations that can hurt a family.

When a marriage is ending or there is conflict between two parents regarding the custody or support of a child, the right attorney will strongly fight for your case while maintaining the needed sensitivity. If you’re seeking representation in a family law case, it’s necessary to find the right lawyer that can be hard-hitting in court, in a legal sense to ensure your rights are preserved, but at the same time show you consideration and understanding about your situation.

Our firm is here to help you relieve some of that stress that comes with difficult family law cases. It's important to hire an attorney who will effectively represent you in court and show compassion for you and your family's situation. Our West Palm Beach attorneys realize it’s necessary to hire a litigator who will be effective in various ways. Make sure to do the necessary research about family law attorneys in your area, and find the firm you feel is right for you.

This article was provided by:

Plasencia & Associates
http://www.plasencialawfirm.com
Suite 100,4 Harvard Circle,
West Palm Beach,Florida 33409
877-821-9365

Continue reading "How to Find a Caring but Tough Attorney"

FERS & CSRS Disability Retirement: The Doctor

nospam@example.com (Robert R. McGill) — Tue, 09 Mar 2010 16:35:51 -0500

Out of all of the elements comprising a Federal Disability Retirement application -- the various aspects, including medical, personal, impact-statement, statement of disability, Supervisor's Statement, etc. -- the essence of it all must be coordinated around the core of the case: the medical narrative report. That alone has multiple, inherently complicating factors: Why won't the surgeon write the report? Why is it that the Pain Management doctor, or the Internal Medicine doctor, or the Family Physician is the one often most cooperative and willing? Is the Chiropractor's opinion sufficient? Is it helpful? How detailed must the report be? How long must you be a patient in order to establish the threshold of having a "longstanding doctor-patient relationship"? Are medical records in and of themselves sometimes sufficient to obtain Federal Disability Retirement benefits? Is it sufficient to get a Therapist to do the report, without the Psychiatrist? Can a therapist alone win a case? Must I undergo a Functional Capacity Evaluation? Can I use reports from an OWCP Second Opinion doctor? If my Psychiatrist only sees me for five minutes each time and prescribes the medication, is it necessary for him/her to write a report? How detailed must the report be? Is the doctor going to understand, let alone actually read, the SF 3112C? These are just some of the questions which one is immediately confronted with, in beginning the process of putting together a Federal Disability Retirement application under FERS or CSRS. It is a complex, overwhelming process.

Sincerely, Robert R. McGill, Esquire

Continue reading "FERS & CSRS Disability Retirement: The Doctor"

Federal and Postal Disability Retirement: Revisiting the concept of "Accommodations"

nospam@example.com (Robert R. McGill) — Tue, 09 Mar 2010 20:35:54 -0500

"Accommodation" is a legal term of art. At least, in preparing a Federal Disability Retirement application under FERS or CSRS, it is a specific term, with specific definitions, with underlying meanings that need to be fully understood in preparing a viable and successful disability retirement application. In very loose, non-legal terms, there is never anything wrong with an Agency Supervisor "accommodating" a good and loyal Federal employee -- by allowing the person to take LWOP; of instituting liberal leave policies; of lessening the workload; of allowing for temporary light duties; of minimizing travel, restricting certain physical requirements, or reassigning certain complex projects to other employees of the Agency. Every good supervisor does this; and, indeed, sometimes everything works out for the best, and the temporary measures undertaken by the supervisor may allow for the employee to sufficiently recover and later reaffirm all of the essential elements of the position. But the remaining question is: Were those measures considered an "accommodation"? The answer is: No. Why not? Because such measures do not constitute and meet the definition of "accommodation" under the laws governing Federal Disability Retirement. They may be "good" for the Agency, but they do not preclude one from filing for Federal Disability Retirement benefits under FERS or CSRS.

Sincerely, Robert R. McGill, Esquire

Personal Injury Laws and Claims in Connecticut

nospam@example.com (Matthew D. Newman) — Tue, 09 Mar 2010 19:58:16 -0500

Personal injury laws in Connecticut are complicated and best handled by a CT personal claims lawyer. Finding good legal representation can be challenging, but hiring an experienced CT personal claims attorney is essential if you have been injured in an accident, been found at fault in an accident where other people were injured, or have been sued as the result of an accident for an amount in excess of your insurance limit.

Personal injury claims occur when an individual or entity causes harm, either intentionally or through negligence, unto another party resulting in “legal injury” or “cause of action”. In most circumstances “cause of action” results in the form of monetary compensation awarded the plaintiff for pain and suffering. If you have been in an accident and suffered injuries or damages, it is best to file a lawsuit as early as possible. Fair monetary compensations awarded to the injured party include medical expenses, property damages, lost wages or loss of earning capacity, permanent disability or disfigurement, and pain and suffering.

Most people have insurance policies for their homes, automobiles, businesses, etc. While we would like to think insurance companies would act in our best interest when we have been involved in an accident, insurance companies will fight most claims. This is why it is best to hire a personal injury claims attorney who will accurately advise you on the validity and true value of your claim.

Connecticut has a two-year statute of limitations in which to file a lawsuit for most injury claims. This means the injured party must file a lawsuit within two years from the date of the injury.

Continue reading "Personal Injury Laws and Claims in Connecticut"

Happy Thanksgiving

nospam@example.com (Howard Iken) — Tue, 24 Nov 2009 07:03:34 -0500

The attorneys at The Divorce Center wish you a happy Thanksgiving. This is the time to put your anger away, and stop worrying about your case. Enjoy the positive things in life and look beyond the negative things.

Happy Thanksgiving from Julia Westbrook, Howard Iken, Cheri Hobbs, Allison Belcher, Laurie Knapp, Dawn Jackson, and Alberto Ayo.

Sincerely,

Howard Iken

Managing Partner - The Divorce Center

Offices throughout Florida

See our new orlando divorce attorney office.

Employment Laws and Claims in Connecticut

nospam@example.com (Thomas W. Bucci) — Tue, 09 Mar 2010 19:44:49 -0500

Employment Law is a broad area covering most areas of the employer/employee relationship in the workplace. It includes minimum wage regulations, employment discrimination, workers’ compensation, workplace safety, collective bargaining, pensions, unemployment compensation, and other protective labor legislation. During these difficult economic times, more and more employers are forced to let go of employees. Employers should be aware of the employment laws that protect employees from termination under unfair circumstances. Failing to fulfill certain obligations inherent to an employee’s rights may lead to litigation. You need to find a Connecticut employment lawyer who is experienced and knowledgeable in all aspects of employment and labor law.

There are a few key issues employers should know even before the hiring process begins. Avoid asking questions about the applicant’s age, marital status, race, sexual orientation, or any other personal questions not related to the job. The applicant may discuss these issues but employers may not. Upon hiring a new employee, you must obtain a federal employment identification number; prepare an illness and prevention plan for the Occupational Safety and Health Administration, set up a pay system to withhold the taxes to be paid to the IRS. Keep in mind that some of the most serious violations of employment law concern wage and job benefits. Often a poor understanding of the law can lead to a disastrous lawsuit.

This can be avoided by retaining a Connecticut employment law attorney who has a superior understanding of employment and labor legislation.

Continue reading "Employment Laws and Claims in Connecticut"

Home Explosions: Caused by natural gas leak?

nospam@example.com (Michael M. Shea) — Tue, 09 Mar 2010 18:20:25 -0500

Natural gas explosions can be deadly, or cause catastrophic injuries. Fortunately, they don't happen frequently, but when they do, the results are often devastating. The affected home can be blown off its foundation. Normally neighboring homes are spared with the exception of windows which are usually shattered as a result of the blast. Neighbors will often say that they thought a bomb exploded in the neighborhood.

The cause of the natural gas explosion can be leaking gas from an appliance or gas line in or around the home. The leaking gas will usually accumulate closest to the ground as the gas is "heavier than air." A source of ignition is most often closest to the floor as well. The pilot lights on appliances such as water heaters are a common source. Many times, the occupants of the home never smell the gas prior to the explosion. The reason for this is that the odor typically associated with natural gas is actually added to the gas by the gas provider. The odors are usually called mercaptans and when gas escapes, the odor can be "scrubbed" out of the gas so that when the gas is pooling prior to exploding, the gas is odorless. Natural gas can also experience "odor fade" where the mercaptans are reduced leaving the gas odorless. Once the gas has accumulated in an amount that nears an ignition source, the explosion follows immediately. The amount of pooling gas determines the amount of devastation of the explosion.

To the untrained eye, the explosion may seem "unexplainable" or even "suspicious." In reality, finding the source of the leak and source of ignition explains the devastating nature of this event. Many times the occupants of the home are killed or injured to the point where obtaining interviews of the occupants is impossible. The evidence of the source of the leak may exist in the debris, or may exist underground or elsewhere. It is important to secure experienced representation in these matters so that blame for the blast is not wrongly cast upon the occupants of the home.

Shea & Shea is a nationally recognized personal injury law firm located in San Jose, California, with extensive experience in natural gas explosion cases. Natural gas explosions can result in wrongful death, brain injury, and other serious and catastrophic injuries. Since 1966, Shea & Shea have successfully represented the seriously injured and their families in both state and federal courts. To learn more, visit us at www.Shea-Shea.com or telephone 888-989-SHEA.

U.S. Department of Transportation to Investigate San Diego Toyota Prius Sudden Acceleration Incident

nospam@example.com (Michael P. Ehline) — Tue, 09 Mar 2010 18:00:01 -0500

Whether or not it is mechanical, or electronic, evidence is surfacing that the problem is a known problem that should have put someone on notice in my opinion. What do you think?

Continue reading "U.S. Department of Transportation to Investigate San Diego Toyota Prius Sudden Acceleration Incident"

NJ Accident Lawyers, Koles Burke & Bustillo - Mediation Policy

nospam@example.com (Jonathan Koles) — Tue, 09 Mar 2010 17:42:31 -0500

NJ Accident Lawyers, Koles Burke & Bustillo - Mediation Policy

The mediation policy of the NJ accident lawyers in representing its clients is as follows:

We respect and participate in good faith when a court orders us to enter mediation.
We are willing to voluntarily participate in mediation with adversaries who seek a good faith settlement of disputes.
Our goal in any mediation, court-ordered or voluntary, is to obtain a fair result for our client.
Our participation in a mediation is some recognition that the certainty of settlement often is preferable to the uncertainty of trial.
The uncertainty of trial is always preferable to a settlement that does not do justice to our client.
We shall walk away from any mediation the moment one or two things occurs:
- (a) We conclude that the positions of the parties are so far apart that further discussions clearly will be fruitless; or
- (b) We believe that an adversary is not bargaining in a good faith effort to reach a fair settlement.
Once we walk away from a mediation, we are willing to resume it only if we are persuaded by convincing evidence that the reason we left the mediation no longer exists.
We regard the opening offer or demand by each of a mediation as crucial in determining whether the positions of the parties are so far apart that further discussions clearly will be fruitless or whether an adversary is not bargaining in a good faith effort to reach a fair settlement.
Before deciding whether or not to enter into mediation, we are willing to exchange simultaneous demands and offers so that both parties can decide whether a mediation appears to be worthwhile.
Generally, we will place a presumptive time limit on a mediation and will conclude our participation when the presumed time has elapsed.

It is the policy of our accident lawyers in NJ to provide our Mediation Policy to adverse parties and their counsel and to mediators This policy applies throughout the firm and to all cases.

Click here for more information on NJ State Accident/Crash Records.

Wrongful Death Litigation

nospam@example.com (Edward J. Hershewe) — Tue, 09 Mar 2010 17:35:52 -0500

Wrongful death law pertains to any case where a life has been lost due to the careless or wrongful behavior of someone or something else.

Wrongful death can include:

Fatal accidents where some type of transportation—car, truck, boat, train, etc.—was involved
Death from a medical mistake
Workplace, commercial, or residential property negligence
Product malfunctions
Any circumstance where you believe the careless actions of another caused a wrongful death.

Knowledge and experience of Wrongful Death Laws are Critical

State law governs the right to sue for the death of another. Your attorney must be extremely familiar with the laws of your state. Two key jobs of the wrongful death attorney are to prove:

If a defendant is legally at fault and owes a victim financial compensation.
The monetary value of the loss.

This wrongful death litigation often requires expert witnesses and economists to make calculations of damages on:

The loss of the deceased’s future wages, health benefits, and retirement insurance
Punitive damages and other costs

Continue reading "Wrongful Death Litigation"

Trucking Accident Litigation

nospam@example.com (Edward J. Hershewe) — Tue, 09 Mar 2010 17:13:18 -0500

When a truck is involved in a major accident, the injuries tend to be very severe and 98% of those severely injured are passengers in the car struck by the truck.

The state and federal laws governing safe truck operation is complex, and the probability of optimal outcomes in battling those responsible is slim without an experienced trucking accidents lawyer.

By law, truckers must keep detailed driving logs—because fatigue is a major cause of accidents—along with records on maintenance, training, licensure, insurance, and other regulations pertaining to driver and vehicle safety.

It is also vital to identify who is responsible, and their liability can involve forensic specialists, accident re-constructionists, computer graphics technicians, metallurgists, and other truck safety experts.

Do not give representatives of responsible parties any statements or sign medical or other releases without first speaking to an experienced trucking accidents attorney who will help preserve the evidence needed to press your claim and your rights—key to a just outcome and full compensation.

Continue reading "Trucking Accident Litigation"

Reno Traffic Safety Campaign Focuses on Bicyclists

nospam@example.com (Steven J. Klearman) — Tue, 09 Mar 2010 17:17:18 -0500

According to the Reno Gazette
Journal, the Reno Police are relaunching a $36,000 campaign to
increase traffic safety. Under the campaign, pedestrians and bicyclists
may receive citations for violating safety laws.

Reno Wheelmen official Spencer Ericksen estimates that 25 percent of
bicyclists regularly break traffic laws.

Common problem areas are bicyclists failing to stop at stop signs,
riding against traffic, and riding on sidewalks. Bicyclists are not
allowed to ride on sidewalks in downtown Reno, but they can ride on
sidewalks elsewhere as long as they yield to pedestrians.

The Reno Police Dept. offers tips to bicyclists and motorists:

Bicyclist safety tips:

Ride with traffic, not against it.

Make turns the same way drivers do, using the same turn lanes.

Signal turns.

Maintain bicycles, including checking brakes and tires.

In darkness, use good reflectors and wear bright clothing.

Wear helmets.

Use a rear view mirror attached to a helmet, glasses or handle
bars.

Motorist Safety Tips

Look for bicyclists before opening car doors when parked on the
street.

Do not overtake a bicyclist and make a right turn in front of the
bicyclist.

Document Review in Litigation and Investigations

nospam@example.com (Anthony C. Duffy) — Tue, 09 Mar 2010 16:55:26 -0500

California business document review

Document review is a vital step to any investigation and the pre-trial discovery phase. An attorney must scrutinize business records before sharing information. Without a thorough review, you run the risk of revealing privileged information. A document review is also the ideal time to discover information affecting case strategy.

You must have your document review done right the first time. You need the assistance of a qualified business law attorney in Orange County. This process can be costly, hard, and affect your case if not done properly.

Requesting documents

The law entitles opposing counsel to see any documents related to the case. Counsel must ask for the documents and be specific. They need to name what they are looking for and where the business may have put the document.

Opposing counsel can request specific documents, or those that contain specific information. Attorneys request a lot of information to prove their case and your lawyer must respond to each request.

Objections

Your attorney can object to providing a document and explain why in his or her response:

Burden of proof
General objections improper
Undue burden
Document identification
Privilege

The judge may grant the objection or declare it invalid:

Written consent
Lack of timely objection
Improper assertion

California Electronic Discovery Act

The governor recently signed the California Electronic Discovery Act. This extends the Civil Discovery Act to include guidelines for retrieval and disclosure of electronic material.

The Act’s instructions for requesting information are similar to those of the Civil Discovery Act. The exception is that attorneys must request in what format they want electronic information from opposing counsel. If they do not state the format they want, the respondent indicates in what form he or she will provide the documents.

Electronic discovery, also known as e-discovery, provides that the court cannot impose monetary sanctions if the information is lost, damaged, altered, or destroyed. The Act states that this deletion must be the result of the good faith operation of the information system.

This new law has not eased the already difficult discovery process. It further complicates retrieving and producing the information. Contact an Orange County business lawyer that is familiar with e-discovery.

Continue reading "Document Review in Litigation and Investigations"

THE NEW YORK STATE BREAST CANCER NETWORK INVITES ATTORNEY MARK SCHERZER TO SPEAK AT ITS ANNUAL EDUCATION AND ADVOCACY DAY IN ALBANY

nospam@example.com (Mark P. Scherzer) — Thu, 04 Mar 2010 16:07:55 -0500

On March 9, 2010, attorney Mark Scherzer will participate in the NYS Breast Cancer Network’s 2010 Education and Advocacy Day in a program titled “What’s Next in Healthcare Reform for New Yorkers?” Members of the Breast Cancer Network come together every year in Albany to educate one another and their state legislators and elected officials about the concerns of people with breast cancer, in order to ensure public policy is responsive to their needs.

Mark Scherzer will speak from 9:55AM to 11:15AM in the Well at the Legislative Office with a Q&A section to follow. He will discuss the issues New York will face if federal health insurance reform is enacted along the lines proposed by the President and how these changes may be inadequate for New Yorkers, especially those with such a serious (and potentially disabling) illness as breast cancer. Mark will discuss how proposed changes may restrict benefits or access to certain therapies for people with serious, chronic or disabling medical conditions. While federal healthcare and health insurance reform will increase access for almost 2 million uninsured New Yorkers, Mark argues that New York must continue to protect those facing catastrophic illness, chronic disease and disability and ensure that their options for healthcare coverage are not inappropriately limited by reform.

For further information on the event or the New York Breast Cancer Network please visit http://www.nysbcsen.org/index.cfm/p/advocacyDay

For further information on attorney Mark Scherzer and his practice please visit www.markscherzer.com

Do Not Plead Guilty to Drugging a Person for Sex

nospam@example.com (John E. DeVito) — Tue, 09 Mar 2010 16:04:22 -0500

A recent Massachusetts case an indictment charging a defendant with drugging a person for unlawful sexual intercourse, it was determined that a defendant must do something more than simply make alcohol and drugs available to the eighteen year old victim who testified that she returned to the defendant's house to consume more drugs and alcohol. ...The Massachusetts Appellate Court concluded that merely making alcohol or drugs available is not enough to convict under G. L. c. 272, § 3. If faced with such a charge a defendant needs a qualified Boston Criminal Defense Attorney to represent his interest.

Continue reading "Do Not Plead Guilty to Drugging a Person for Sex"

Estate Planning Article Series - Irrevocable Life Insurance Trust

nospam@example.com (Mark W. Jordan) — Tue, 09 Mar 2010 15:40:44 -0500

This is the fifth of a series of articles providing helpful information on estate planning. Please contact the estate planning professionals at The Drew Law Firm for more details on any of these topics or for any of your estate planning needs.

Irrevocable Life Insurance Trust

Q: Why is an Irrevocable Life Insurance Trust (“ILIT”) useful in estate planning?

A: The ILIT holds the life insurance for many purposes, including:

        1.    avoiding estate taxes;
        2.    increasing the assets available to your spouse, children, and other loved ones or entities; and
        3.    providing liquidity to a cash strapped estate or business.

Q: What is an ILIT?

A: This is a legal instrument drafted by an attorney for the purpose of removing life insurance and sometimes other assets from your estate. You designate your spouse, children, and other appropriate parties as the beneficiaries of the trust. You also provide all of your detailed directions to the trustee, including how the trust should be divided, when the trustee should make payments, loans, or investments, what to do with the family business, who receives the assets at the death or disability of your original beneficiaries, and when to terminate the trust.

Q: How does the ILIT avoid taxes?

A: The ILIT is a separate legal entity that is outside your estate. The IRS levies an estate tax on assets within your control. Since you have laid out all of your goals and objectives in the trust document, and because normally the only asset inside the trust during your lifetime is your life insurance, it is logical to trade off giving up control in exchange for all of the tax benefits. The trustee will be the applicant, owner, and beneficiary of your life insurance, so the proceeds will never pass through your taxable estate.

Although in many situations it is fine to have your spouse or children own and be the beneficiaries of life insurance on your life, the ILIT will keep the undistributed proceeds out of their taxable estates as well. Properly planned ILITs will avoid estate taxes and generation skipping taxes for multiple generations.

All insurance purchased directly from the insurance company is income tax free.

Properly handling the payment of insurance premiums will avoid any gift taxes. Since the trustee is the owner and beneficiary of the policy, any premium you pay will be treated as a gift to the ultimate beneficiaries of the ILIT. As long as the ILIT beneficiaries have a right to withdraw their respective share of the premium payments (this right is referred to as a Crummey power, named after a court decision) you may use your annual gift tax exclusion ($13,000 per person since 2009) to avoid gift tax. If your spouse consents to a split gift (treating your premium payment as if you and your spouse each paid half) you could pay up to $26,000 per beneficiary per calendar year without any gift tax.

Q: How does the ILIT help you increase the assets available for your beneficiaries?

A: The ILIT makes it easy to own one or more policies of life insurance. The trustee has the trust document as an efficient road map to follow concerning the purchase, premium payments and distribution of the proceeds. The trustee is an independent party, so no emotions are involved and the insurance is handled as strictly business. Often a professional trustee from a bank or other financial institution takes care of everything. You may feel more comfortable with a bank or trust company handling sizeable premium deposits and the investment of significant amounts of insurance proceeds.

Q: How does the ILIT provide liquidity?

A: The ILIT infuses cash into your estate by making distributions, purchases, or loans as needed. As an example, let’s assume your estate is made up of your home, family business, and an IRA that is significantly lower than expected due to the recent recession. Your family needs to live in the home, you want to pass on the business to the next generation, and the stock inside the IRA has fallen so low you would not want your Executor to sell it at that level, and even if the Executor did sell it there would not be enough cash to take care of your spouse and children. The trustee of the ILIT makes appropriate distributions of cash proceeds to cover debts, taxes, and funeral expenses. The trustee could even purchase some or all of the business with the cash proceeds and professionally run the business until the children were old enough to take over. The trustee could also make appropriate loans to the spouse, children, and business.

The early stages of estate planning are critical. If you would like to arrange an initial consultation, please contact our Cincinnati office. Our lawyers will work with you to define your goals, identify significant aspects of your unique situation, and explain your alternatives.

Our estate planning attorneys: Mark W. Jordan, Robert M. Smyth, George J. Zamary, James H. Coogan, Frederic L. Goeddel, Anthony G. Covatta, Michael D. McNeil, Nancy J. Frazier and Sybil B. Mullin.

Asset Protection Trusts

nospam@example.com (Russell Stanaland) — Tue, 09 Mar 2010 15:42:50 -0500

In the past, self-created trusts in the United States did not offer protection from creditors if the person who created the trust was allowed to receive funds from the trust. In order to get this asset protection feature, trusts had to be created in foreign countries such as the Cayman Islands, the Channel Islands, Belize and other lawsuit adverse jurisdictions. That has now changed. Eleven states have enacted laws that prevent most creditors from attaching assets of irrevocable trusts even when the person who creates the trust is a beneficiary. The states are Alaska, Delaware, Missouri, Nevada, New Hampshire, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah and Wyoming. It is now possible to create a trust in one of these states and receive the protection afforded by that state’s laws.

A person who is concerned about future claims to his or her assets may consider using a domestic asset protection trust. This requires that an irrevocable trust be established in one of the states listed above. The person who creates the trust cannot be the trustee. The trustee must be a resident of the state and the trust must be governed under the laws of that state. A spendthrift clause must be included in the trust. The trust terms must allow, but not require, the trustee to distribute income and principal to the person who created the trust. This means the person who creates the trust does not own the assets in that trust; therefore his or her creditors are prevented from reaching the assets.

Even though the trust is irrevocable, the terms can give the person who created it a special testamentary power of appointment over the assets. This allows the creator to determine who will inherit the funds on the creator’s death. The creator can change the ultimate beneficiaries at any time.

This type of trust can also be used in lieu of a prenuptial agreement. Instead of starting a marriage off by asking a future spouse to sign a contract contemplating a divorce, a person can simply create an asset protection trust before the marriage.

This type of trust cannot be used to avoid existing or soon-to-be existing creditors. A person who is aware of a claim or possible claim cannot create an asset protection trust and transfer assets simply to avoid attachment. The fraudulent transfer rules will still act to pull back assets. Also, since the law in this area is relatively new and few if any court cases have tested the legitimacy of these trusts, it is not absolutely certain how well the asset protection feature will work under the scrutiny of litigation.

Visit LernerVeit.com to learn more about tax law and to connect with a tax attorney or business lawyer in San Francisco today.

Lerner Veit & Stanaland
180 Montgomery Street
Suite 1850, San Francisco, CA 94104
1-877-532-1899

Continue reading "Asset Protection Trusts"

Virginia Local Accident Statistics

nospam@example.com (Louis N. Joynes) — Tue, 09 Mar 2010 14:53:42 -0500

According to the National Highway Traffic Safety Administration, one person out of every three will be injured in a car accident at some point in their lifetime. It has been estimated that every ten seconds someone in the United States is involved in a car accident.

There are seven million registered vehicle owners in Virginia and those vehicles were involved in 135,282 car crashes in 2008. Speeding was involved in 37,009 of the accidents. Of the 824 traffic fatalities in Virginia in 2008, 246 of them involved speeding. Alcohol, another cause of many accidents, was involved in 10,294 crashes in Virginia in 2008.

Newport News was home to 3,630 crashes with nine fatalities, and 1,965 injuries. Virginia Beach had 7,258 crashes with 31 fatalities, and 3,345 injuries. Hampton had 3,173 crashes with 14 fatalities, and 1,530 injuries. In Norfolk there were 4,868 crashes with 19 fatalities, and 2,448 injuries. Chesapeake had 2,977 crashes with 15 fatalities, and 1,924 injuries reported.

Alcohol played a part in many of the crashes on our local roads. In Newport News, there were 221 alcohol related crashes. Virginia Beach had 612 alcohol-related crashes. In Hampton, 227 crashes were related to alcohol. Norfolk had 301 crashes that involved alcohol and in Chesapeake there were 237 crashes with alcohol involved.

Do not hesitate to call the auto accident lawyers at Joynes & Gaidies about your car accident injury. Our auto accident attorneys serve Virginia Beach, Chesapeake, Hampton, Newport News, and Norfolk VA. A lawyer at Joynes & Gaidies is waiting to answer your automobile accidents questions.

If you have suffered personal, financial, and emotional injury at the hands of another, call us today at 1-866-943-8612, or contact us online for a free consultation about your needs so we can fight for you.

Joynes & Gaides
564 Lynnhaven Pkwy
Virginia Beach, VA 23452

Serrving: Virginia Beach, Chesapeake, Hampton, Newport News, and Norfolk, VA and the surrounding areas.

Other AOP's: Personal Injury, Bankruptcy, Wrongful Death, Professional Malpractice, Workers Compensation, Product Liability, and Toxic Torts.

Continue reading "Virginia Local Accident Statistics "

New Jersey's Dangerous Roads

nospam@example.com (Jonathan Koles) — Tue, 09 Mar 2010 15:09:59 -0500

As New Jersey attorneys who have hanlded many pedestrian accident cases, we follow auto safety issues that affect the residents of the State of New Jersey. On January 6, 2010, the Tri-State Campaign issued a press release based on a study conducted in 2005-2008 that details the top ten most dangerous roads for walking pedestrians in New Jersey, New York and Connecticut. The study listed the most dangerous roads in New Jersey as follows:

Burlington Pike (US-130),
Burlington County, White Horse Pike (Route 30),
Atlantic County, Route 1, Middlesex County, Route 549,
Ocean County, NJ, Route 9, Ocean County,
Route 1, Union County.

In Hudson County the most dangerous roads are John F. Kennedy Boulevard which runs through Union City, North Bergen, Jersey City and Bayonne and Avenue C in Bayonne. Our experience has also found that there are many accidents on Route 1 & 9, in North Bergen and Jersey City, as well as Route 440 in Jersey City. The Tri-State Campaign prepared these reports to increase awareness and safety for pedestrians in accidents.

Continue reading "New Jersey's Dangerous Roads"

New Estate Tax Laws

nospam@example.com (John B. Palley) — Tue, 09 Mar 2010 14:55:26 -0500

I almost posted this post with no words in it. Frankly, nobody on earth knows what the tax laws are going to be once the governemnt sorts it out. However, let’s talk about some possibilities.

The federal gift and estate tax laws have long been called “unified” although right now they aren’t as unified as in the past. Essentially gift taxes are taxes paid on transfers made during life and estate taxes are taxes paid on transfers made after death. There are some gifts that become more confusing but for today’s blog we will keep things as simple as possible and just refer to gift taxes as during life transfers and estate taxes as applying to after death transfers.

Let’s start with the gift tax laws. As of today you can gift $1,000,000 during your lifetime tax free. Yes, you have a $1,000,000 during LIFE gift tax exemption. You also can give $13,000 a year without any tax to anybody you like. These are individual numbers so a husband and wife can give $2,000,000 and/or $26,000 per year if set up properly. In the simplest of math let’s say you are single and wanted to write a check to your only child. You could write a check today for $1,013,000 without any tax. Any gifts over that amount would be taxed at a rate of 35% as of today. By the way, if you are thinking of that and need a new child feel free to contact me to discuss! Yes, that’s a joke.

At death, as of January 1, 2010, there is no federal (but some states still have) estate tax (or some call it a death tax). Thus, as of today (but subject to change almost any day now) you can die and leave your family $20,000,000 or $200,000,000,000 or whatever without federal estate tax. There are some potential new capital gains (or income) taxes now, that didn’t exist prior to January 1st. However, it’s a lower rate than the estate tax has been and we will not be talking about that today.

In recent history our federal government has consistently had an estate tax rate around 50%. Thus the new numbers are historically low. It was not that long ago that the highest marginal estate tax rate was 55% and, guess what happens January 1, 2011… the 55% estate (and gift) tax rate is BACK… unless the government does something sooner.

What could be done? Ok, this is the real meat and potatoes of my blog. Let’s start with the fact that you could die today with the last thought of, “well, shoot I am dying but, on the bright side, at least my kids won’t have to pay Uncle Sam that dreaded estate tax….” HOWEVER, not to rain on the dead’s parade but there is talk that if the feds ever figure out what they want the law to be they could make it a retroative application. Thus you could die today, January 18th, thinking there is no estate tax but then the feds decide to make the tax free amount $2,000,000 and make it retroactive to people dying after January 1st! Oh the horror!

However, the experts say a retroactive change in the gift tax rate could not be done. Thus, some experts suggest that people, with very large estates, consider making some gift taxable gifts ASAP and utilize the historically low 35% gift tax rate. This goes against the basic notion that you should never pay tax you don’t have to but many experts suggest this. Talk to YOUR tax expert to get her opinion.

Ok, ok but what’s going to happen? I really don’t know. However, I find it impossible to believe there will not be some gift and estate tax going forward. I say this because if the feds were serious about repealing the estate tax wouldn’t they also repeal the gift tax? Of course. However, they have not. As stated above, it’s still at a $1,000,000 exemption. Certainly begs the question…. So, with the assumption there will be an estate tax what level would it kick in?

My thought is the government clearly needs tax dollars pretty badly. The estate tax is a known money maker for the government. For a couple years now the vast majority of experts thought the $3.5m exemption level would stick. I myself think that’s more than reasonable. At $3.5m the tax effects fewer than 1% of the population. Probably something like 1/10th of one percent but I don’t know the official numbers. Even at $2m the tax would effect very few people. Thus you have a government in need of money, a tax that is a known money maker, and a tax that directly effects only a tiny percentage of the population… hmmmmm, you do the math.

What should be doing with your estate plan? If you have several million dollars you should continue your gifting program. Writing checks for $13,000 (or slightly less) is the easiest. If you want to get more bang for your gifting buck then you might look into an irrevocable life insurance trust (aka: “ILIT”) or family limited partnership (or Family LLC) which are often called FLP’s or FLIPs. You can also gift small pieces of real estate by deed. All of the above should be done with your estate planning attorney of course.

Also, in addition to the above, if you are married you should be reviewing your trusts with your attorneys to make sure your tax planning trusts are set up correctly. They may be called A/B trusts, credit shelter trusts, exemption trusts, QTIP trusts, bypass trusts and who knows what else. If you are married and have this language in your trust talk to your attorney to make sure your trust is accurate with the current uncertainty. Another day I will talk about these problems in more detail.

In conclusion, as stated above, nobody has any clue what the tax laws are going to be as this year goes on. The key is paying extra attention to your estate plan during this time of uncertainty.

The Many Types of Workplace Discrimination

nospam@example.com (Mark C. Thomas) — Tue, 09 Mar 2010 13:57:35 -0500

Types of Employment Discrimination

Unfortunately, there are many different types of harassment and discrimination that take place in an employment setting. This includes discriminatory practices during the hiring process as well as prejudice and harassment of existing employees by their employers or colleagues. No employee should have to endure such unfair treatment, and it is important for all employers to be aware of the rights of their employees and do their utmost to protect and preserve them.

Equal Pay, Sex Discrimination and Sexual Harassment

Historically, issue has been taken with the amount of monetary compensation some women receive in comparison to their male counterparts. There are also equal pay issues concerning race. Paying an employee more or less based simply on their race or sex is not good practice and is subject to equal pay and equal opportunity employment laws.

Sexual harassment in the workplace is a huge issue for both women and men and is a form of sexual discrimination.

Pregnancy Discrimination

Women who are pregnant or become pregnant while under employment have their rights protected under the Pregnancy Discrimination Act, which is an amendment to the Civil Rights Act of 1964. Employers cannot base any hiring or termination decisions on a woman’s pregnancy status. Additionally, women in the state of California are protected by breastfeeding legislation that applies to the public and private sphere.

Race, Nationality, Ethnicity, and Country of Origin Discrimination

Employers cannot hire, terminate, promote, de-mote, or unequally compensate a person because of their race, nationality, or country of origin. These rights are protected under the Civil Rights Acts of 1964 and the amendments of 1991.

Age Discrimination

The rights of employees 40 years and older are protected by the Age Discrimination in Employment Act which states that employers cannot hire or terminate or otherwise discriminate against an employee because of their age.

Disability Discrimination

Persons with disabilities cannot be discriminated against in employment because of their mental or physical limitations. All employer decisions must be based on the employee’s ability to perform the tasks associated with the job they are applying for or have been hired to do.

Retaliation and Intimidation

Some employers discriminate against their employees and threaten them with retaliation should they contact an authority or seek legal action. This is illegal and employees are protected from this type of intimidation and threatening behavior under the laws enforced by the EEOC. Brownstein Thomas, LLP, San Francisco discrimination law firm, 877.214.9714, can assist their existing and potential clients facing illegal discrimination from their employers.

Continue reading "The Many Types of Workplace Discrimination"

Can I Be Searched?

nospam@example.com (Michael Jay Green) — Tue, 09 Mar 2010 13:15:58 -0500

If the police reasonably suspect that you are armed, they are allowed to conduct a pat-down search. If contraband is within an officer’s plain sight, a search is also allowed. Additionally, during a lawful arrest, you and the area of arrest may be searched. The police may search your home or any other area specified by a search warrant that is signed by a judge. The warrant must describe the individual or place to be searched and the specific property that is to be seized. Any property that is unlawfully taken cannot be used as evidence against you. If you suspect that your rights have been violated, contact an attorney skilled in Hawaii criminal laws as soon possible.

Sentencing Guidelines in Hawaii

Under criminal laws in Hawaii certain offenses have recommend sentences. These guidelines form a set of rules that are broken down into classifications based on different types of offenses.

Sentencing Disparities

Unfortunately, there are often inconsistencies in sentencing. Sometimes two individuals who are both charged with the same crime receive different sentences. Such disparities can be based on several factors including race, socioeconomic class, gender, or region. Recently there has been significant debate over the role race plays in sentencing. If you believe that you have been unjustly sentenced because of any of the above factors, contact a Hawaii criminal defense law firm.

Indeterminate Sentences

The concept behind indeterminate sentencing is that the punishment should meet the needs of each offender. Indeterminate sentencing does not specify a period of time to be served. Instead, it suggests a range of time such as 10-20 years. An experienced Hawaii criminal law firm will have a thorough knowledge of sentencing guidelines and can help you understand the legal system.

Determinate Sentences

With determinate sentences, a fixed period of time is set for the offender. The judge still decides whether or not the offender goes to prison, but the they cannot decide how long the inmate will be confined. In some cases, a prisoner may be eligible for parole after serving part of their sentence.

Three Strike Laws

Many states have adopted the use of three strike laws. These laws require a third time felony offender to be imprisoned for a substantial period of time or even life. The three strike criminal law in Hawaii locks up any violent repeat offender for a period of 30 years to life.

If you have been arrested, a criminal law firm in Hawaii can help defend your rights.

Continue reading "Can I Be Searched?"