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Yaz Side Effects: How Yaz / Yasmin / Ocella Causes Pulmonary Embolism (PE)

nospam@example.com (Brett A. Emison) — Mon, 23 Nov 2009 23:26:35 -0500

Yaz, Yasmin and Ocella are popular contraceptives (birth control pills). These drugs are marketed under different names, but are chemically the same. Unfortunately, these pills have been linked with serious and deadly side effects.

The side effects from Yaz / Yasmin / Ocella include:
Heart Attack
Stroke
Pulmonary Embolism
Deep Vein Thrombosis
Gallbladder Disease

What Is A Pulmonary Embolism (PE)?

Pulmonary embolism (commonly referred as "PE") is an obstruction of the pulmonary artery or one of its branches by a blood clot (referred to medically as a "thrombus"). The symptoms and signs of PE vary from person to person and additional testing is necessary to confirm or exclude the diagnosis of PE.

Common symptoms or signs of PE include the following:

Shortness of breath or needing to breath rapidly (dyspnea)
Sharp, knife-like chest pain while taking a deep breath (plueritic pain)
Coughing or coughing up blood (hemoptysis)
A rapid heart rate (tachycardia)
Rapid breathing (tachypnea)
Crackling or wheezing when listening to the lungs
Decreased breath sounds while listening to the lungs
Accentuated pulmonic component of the second heart sound and jugular venous distension

Why Does Yaz/Yasmin/Ocella Cause Pulmonary Embolism (PE)?

The problem primarily lies with the key chemical ingredient, Drospirenone. Yaz, Yasmin and Ocella combine estrogen with a synthetic progestin called Drospirenone. No other contraceptive (or birth control) pills contain Drospirenone. The combination of chemicals in Yaz has been reported to increase the risk of blood clots by more than 600%.

Blood clotting is a normal bodily function. This function normally stops blood flow from cuts and creates scabs to stop bleeding. This function repairs damage to the skin and other body tissues. However, the chemical combinations in Yaz, Yasmin and Ocella can cause abnormal blood clotting. This results in blood clotting when it is unnecessary and inside the blood vessel, vein or artery.

When the abnormal blood clot breaks off from the site where it formed, the blood clot (medically called an "embolus") travels through the veins or arteries and can become lodged in the pulmonary artery, which supplies blood to parts of the lung. The clots blocks the vessel and prevents blood from reaching the lungs. The pulmonary embolism (PE) prevents the uptake of oxygen in the blood and prevents the delivery of oxygen to the brain and body.

A blood clot that becomes lodged and blocks blood flow to the heart will cause a heart attack.

A blood clot that becomes lodged and block blood flow the brain will cause a stroke.

Why Yaz/Yasmin/Ocella Are So Dangerous

Yaz, Yasmin and Ocella are particularly dangerous because they have been marketed to young women with misleading advertising and false claims. In fact, the Food and Drug Administration (FDA) has sent several letters to Bayer HealthCare Pharmaceuticals, Inc. for what the FDA called "misleading" advertising claims it found "particularly troubling" because they served to "undermine the communication of important risk information, minimizing these risks and misleadingly suggesting that Yaz is safer than has been demonstrated by substantial evidence or substantial clinical experience."

In addition, Yaz, Yasmin and Ocella have been targeted to young women as a means to reduce acne or reduce premenstrual symptoms. In fact, some doctors have prescribed these drugs for non-sexually active girls as an acne fighter alone.

Learn More

You can learn more about the serious side effects of Yaz, Yasmin and Ocella and find out what to do if you or a loved one have suffered any of these dangerous side effects at this Yaz/Yasmin/Ocella informational and safety web site.

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Yaz Side Effects: How Does Yaz Cause A Heart Attack?

nospam@example.com (Brett A. Emison) — Mon, 23 Nov 2009 22:53:00 -0500

Popular contraceptives Yaz, Yasmin and Ocella have been linked to several serious side effects, including strokes and heart attack. Why does Yaz cause heart attacks?

These abnormal blood clots can break away from the blood vessel on which they formed. When these clots break away they travel through the blood stream and can form a blockage or become lodged inside the heart itself. This blockage can starve the flow of blood and cause a heart attack.

Learn more about Yaz and Yasmin side effects and what you can do to if you or a loved one have taken these birth control pills.

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Yaz Side Effects: How Does Yaz Cause A Stoke?

nospam@example.com (Brett A. Emison) — Mon, 23 Nov 2009 22:51:31 -0500

Yaz, Yasmin and Ocella are popular contraceptives, but have been linked to serious side effects. These drugs are marketed under different names, but are chemically identical.

These birth control pills have been very popular, particularly among young women. The giant drug companies that make these drugs has marketed them to young women as having an added benefit of preventing acne and reducing symptoms of PMS. However, Yaz/Yasmin/Ocella have serious health risks and have been linked to deadly side effects including heart attack and stroke.

Women who have taken these birth control pills need to be fully aware of risks and know the warning signs to look out for. Parents need to make sure they understand all of the risks and dangers before letting their daughters take these particular birth control pills.

Why does Yaz/Yasmin/Ocella cause stroke?

The problems lies with the key chemical ingredient in these drugs: Drospirenone. Yaz/Yasmin/Ocella combine estrogen with a synthetic progestin called Drospirenone. No other contraceptive (birth control pill) contains Drospirenone. The combination of chemicals and hormones in Yaz/Yasmin/Ocella has been reported to increase the risk of blood clots by more than 600%.

Your body needs to clot blood -- and this is a normal function. Blood clotting stops the flow of blood from cuts and creates scabs to stop the bleeding. Inside your body, this process repairs damage to the skin, blood vessels and other body tissues. However, the chemical combinations in Yaz, Yasmin and Ocella can cause abnormal blood clotting. This results in blood clotting when it is unnecessary and inside the blood vessel, vein or artery.

These abnormal blood clots can break away from the blood vessel on which they formed. These clots then travel through the blood stream. If the clots cause a blockage near the heart, it can prevent blood flow from reaching the heart and resulting in a heart attack.

It is also possible for the blood clot to flow through the blood stream to the brain. As it flows, the blood vessels become increasingly smaller and eventually the clot creates a blockage. When the clot forms a blockage in the brain, the result is a stroke. Studies have shown Yaz/Yasmin/Ocella to cause an abnormal number of strokes -- even in young women.

You should learn more about Yaz/Yasmin/Ocella side effects and what you can do if you or a loved one has taken these birth control pills.

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What to Do after You File Bankruptcy

nospam@example.com (G. Mark Albright) — Mon, 23 Nov 2009 16:47:45 -0500

While bankruptcy gives you a fresh start, it does not give you a free ride. Once you have reached the other side of bankruptcy, you have to work hard to take control of your new life. Las Vegas bankruptcy lawyers, such as the Las Vegas Nevada lawyers of Albright, Stoddard, Warnick & Albright, can provide valuable advice toward achieving that fresh start, and the following activities will help you to build a sound financial future.

Adjust your spending

Learn how to keep your future spending within your means by establishing a strict budget. Look at all required spending, such as mortgage payments or rent, utilities, food, auto expenses, and anything else you absolutely must spend each month. If your income does not meet these basic needs, you may need to get a second job, or adjust your life in other ways to ensure you can pay for your needs and even save some money for emergencies.

Work on your credit report

Once all your debts have been discharged in bankruptcy, you want to make sure they do not continue to appear on your Equifax, Experien, and TransUnion credit reports. Work with all three credit bureaus to ensure that your prior debt has been eliminated in your records.

Establish credit

This does not mean you should get into debt again, but you do need to take action to improve your credit score, because it affects so many aspects of life—even the ability to get a job. Experienced Las Vegas bankruptcy lawyers can give you some ideas on how to establish new credit lines after bankruptcy. One option might be to open a bank savings account and obtain a credit card that is attached to that account.

Avoid credit traps

You need to be watchful of a number of credit traps in future transactions. Here are some examples:
Co-signing loans—Avoid co-signing loans for anyone, even your own family members. If they do not pay, you are responsible, and you will not be able to eliminate that debt under bankruptcy for eight years.
Carrying credit card balances—As a rule of thumb, if you can’t afford something, do not buy it. Get in the habit of paying off your credit card balances in full at the end of each month. If you absolutely cannot pay off a balance, do not charge any other items on the card until you have paid the balance in full.
Credit repair—Be prepared: you are likely to receive many offers by companies that claim they can fix your credit report. In fact, there are no shortcuts—a bankruptcy filing remains on your credit report for ten years, and the only way to repair your credit is by establishing sound habits in handling your money and credit.

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Deadly Vehicle Fire On California's 210 Freeway

nospam@example.com (Brett A. Emison) — Mon, 23 Nov 2009 16:20:47 -0500

The Los Angeles Times has reported that driver was killed on the 210 Freeway ("Foothill Freeway") near La Canada Flintridge on Sunday.

A motorist was killed Sunday on the Foothill Freeway near La Cañada Flintridge when his pickup truck blew a tire and crashed into a concrete wall where it burst into flames, authorities said.
The fiery accident happened about 2:45 p.m. on the westbound 210 near the freeway’s tunnel under downtown La Canada Flintridge, according to the California Highway Patrol.
The impact sent debris into the eastbound lanes of the highway, hitting two vehicles and a motorcyclist, who was taken to a local hospital with moderate injuries, officers said. All eastbound and westbound lanes were closed temporarily for cleanup.

This terrible accident and subsequent fire comes on the same day that a mother, father and child were killed when the Chevy Blazer caught fire on the 210 Freeway near Sunland Boulevard.

Car makers have known for decades that people should not burn alive in a vehicle fire.

Car makers know that people should not burn alive in their vehicles, but it happens nearly every day. According to the US Fire Administration, post-collision vehicle fires are the leading cause of vehicle-related deaths. These fires ignite for a variety of reasons, including failure to incorporate anti-siphoning (anti-leak) valves, failure to include fuel filler tube check valves, misrouting of fuel lines, failure to protect fuel lines, improper placement of the fuel tank inside the vehicle's crush zone, and inadequate shielding of the fuel tank.

You can learn much more about vehicle fires... what causes them and how they can be prevented at this previous article: Burned Alive: What You Need To Know About Fuel Fed Fire Defects.

Become a fan of Langdon & Emison on Facebook.

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Las Vegas Hotel/Casino Negligence

nospam@example.com (Cal J. Potter) — Mon, 23 Nov 2009 15:55:40 -0500

There are many cases in Las Vegas where negligence or unprofessional behavior or just plain carelessness at a hotel or casino resulted in a serious personal injury to a guest. Defendant businesses and their lawyers routinely begin by denying and disputing each and every fact in a catastrophic injury case. That's when a Las Vegas personal injury lawyer with experience can really help. First, the attorney reporesenting the individual or the firm that may have been careless and at fault will usually deny that they were responsible for the injuries they caused. Secondly, they deny that their wrongdoing or negligence caused the injuries. Third, they deny the extent of the injuries or they try to minimize the true extent of the negative impacts the injury has on the victim and their family. Fourth, they finally admit the extent of the injuries, but suggest that as a result, the plaintiff's life expectancy is shortened. Lastly, they contend that institutionalization would severely reduce the victim’s care costs. Potter Law Offices will fight all of these ridiculous arguments and work hard to ensure that you are fully compensated for your injuries. If they refuse, we will be prepared to bring the case to trial in front of a jury.
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Car Accident Lawyer Advice: Control Your Social Networking Profiles

nospam@example.com (Steven M. Gursten) — Mon, 23 Nov 2009 15:11:56 -0500

As a car accident attorney, I always tell my clients that playing around on Facebook, MySpace, Twitter or other similar social networking sites can have dire consequences for an auto accident case.

For example, insurance adjusters and defense attorneys will investigate your accounts, Web pages and blogs — even when set as ‘Private’ — and look for things that can help them avoid taking full responsibility for the harms they have caused. The purpose of this Internet research is to attempt to show that you are not as injured as you claim.

Watching this happen to my own clients spurred me to compile a list of 17 common mistakes made by well-meaning auto accident victims. These mistakes unfortunately play a crucial role in hurting good people with legitimate cases. Read here to prevent innocent mistakes your insurance company and defense lawyer may one day try to use against you.

I’ve included an interesting (and disturbing) example of a government lawyer’s Facebook “friend request” to the plaintiff client of one of my personal injury attorney friends. This was obviously improper, but serves as a relevant example of how lawyers are using Facebook and other social networking sites to initiate improper and unethical communication with a party represented by an attorney. The excerpt below was forwarded to me as part of a motion request to have the government attorney disqualified.

Acceptance of a friend request would broadcast to both the sender’s and the recipient’s universes of friends the announcement that “sender and recipient are now friends.” In addition, the friendship request opened up sender’s personal profile and other friends to recipient. Since the sender has only 17 friends, ranging from personal friends to her enlisted assistant, it appears she considers her Facebook intimate and is surely discerning about those she invites to be her “friend.”

Moreover, courts all over the country have held that the mere “friend request” initiated by sender on a private social networking site constitutes a contact and communication; in State v. Fernino (Stapleton Criminal Court, NY 2008), where a MySpace friend request constituted a communication in violation of a restraining order even though the recipient had a choice to accept or reject it, the court likened the friend request to a telephone call from the initiator asking, “I would like to communicate with you. Are you interested?” Had sender called recipient and prefaced such a question to a conversation, the mere contact itself would suffice to disqualify her from these proceedings. In the United Kingdom, Dillon Osborn was even jailed in 2007 because his Facebook “friend request” constituted an unwanted communication.

Recipient’s Facebook settings are set to “Private.” Thus, only those who have “friended” recipient, as sender attempted to do using her first name and last name but not her rank, can view his personal profile, stored personal communications with other “friends,” photographs, postings, etc. In Pietrylo v. Hillstone Restaurant Group, (2008 WL 6085437 D.N.J.), the U.S. District Court refused to dismiss claims against an employer asserting that efforts to view private social networking pages on MySpace — in an attempt to terminate an employee — constituted tortious invasion of privacy and violations of the federal Stored Communications Act (18 U.S.C. §§ 2701-11); a jury subsequently held the employer liable under the aforementioned and other counts and the District Court denied post-trial motions to dismiss.

Furthermore, in a Ninth Circuit case with strikingly similar facts, the court also denied defendant’s motion for summary judgment where plaintiff-employee alleged that the employer had gained unauthorized access to his private online bulletin postings under false pretenses. (Konop v. Hawaiian Airlines, Inc., 302 F.3d 868, 880 (9th Cir. 2002).

Here and similarly, either sender attempted to violate 18 U.S.C. §§ 2701-11 and tortiously invade recipient’s privacy in the course of a proceeding to terminate his employment with the Marine Corps by way of administrative separation, or she inappropriately contacted him socially. If she was hoping recipient would not yet be aware of her identity as recorder in the case, and inadvertently granted her access so she could investigate the recipient and his social interactions, then sender would have done so under false pretenses and violated the federal Wiretap Act, Stored Communications Act, and committed a common law tort of invasion of privacy. If she thought recipient knew – or could figure out – who she was, then an attempt by a recorder to engage the target of separation proceedings in a social interaction is an inappropriate communication in the clearest of forms.

In either instance, her continued presence as Recorder on this case is clearly impermissible.

Objection to Unethical Communication With Plaintiff Via Social Networking

A reasonable delay also is justified so that the government can appoint a new recorder to this case. On Tuesday, 25 August 2009, Capt X contacted Sgt Y via an online social networking site, Facebook. She attempted to “friend” Sgt Y, which, had he accepted her friend request, would have allowed her to access his profile, photographs, communications with other “friends,” and other information.

Rules of Professional Conduct prohibit such contact. Specifically, JAGINST 5803.1C of 9 November 2004 states:

RULE 4.2 COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL.

In representing a client, a covered attorney shall not communicate about the subject of the representation with a party the covered attorney knows to be represented by another attorney in the matter, unless the covered attorney has the consent of the other attorney or is authorized by law to do so.

Most states have rules of professional conduct that contain the same prohibition. Capt X had no legitimate reason to contact Sgt Y in this or any other manner without going through his detailed counsel. Her conduct creates an appearance of impropriety which is insurmountable, and I respectfully request that the Commanding General appoint a new recorder to this case.

How to Protect Your Auto Accident Case in Michigan

With the above in mind, the lawyers of Michigan Auto Law encourage car accident and truck accident victims to use extreme caution with social networking sites. Remember, people whose job it is to hurt your case or mitigate your damages will be watching.

Please avoid or exercise the utmost care in posting:

¿    Photographs or videos of yourself (defense lawyers can say older photos reflect your current activity);
¿    Personal feelings about the person who caused your injuries;
¿    Status updates about your lawsuit or future plans after your case;
¿    Any personal information about you, your family or your lifestyle.

Insurance companies will start monitoring and copying your social networking accounts almost immediately after an accident occurs. Consider removing controversial items immediately.

Read more about how your activities can affect your case in my Michigan Car Accident Blog which includes posts on mistakes that victims make.

Steven M. Gursten is recognized as one of the nation’s top experts in serious car and truck accident injury cases and automobile insurance no-fault litigation. Steve has received the largest reported jury verdict for an automobile accident case in Michigan in four of the past seven years, including 2008, according to Michigan Lawyers Weekly.

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PROPERTY OWNER AGAINST GOVERNMENT AGENCY

nospam@example.com (Barry A. Ross) — Mon, 23 Nov 2009 15:05:13 -0500

An experienced legal counsel can assist you with your claims against a government agency, such as:

1. Land use and zoning.

You own vacant land that is zoned for apartment usage. You wish to construct a building consisting of 20 apartment units. The city decides it has too many apartments in this area and restricts you to 5 apartment units. Legal counsel can assist you in arguing your case against the city in order to allow you to construct the 20 units you are seeking.

2. Eminent domain.

Eminent domain occurs when the city seeks to take your property by condemnation with the understanding that the city will pay you “just compensation.” One issue is whether the city has the authority to take your property by condemnation. The second issue is whether the city is offering you “just compensation.” In most cases, the city offers the property owner less money for the property than what the property owner believes the property is worth.

3. Inverse condemnation.

Inverse condemnation occurs when a city initiates action against your property which damages the property or otherwise reduces the value of your property. This can occur by a physical taking such as a negligently installed drain that floods your property or a regulation, such as a rule that prohibits you from building anything on your property. Legal counsel can assist you in recovering damages from the city for inverse condemnation.

4. Environmental (adequacy of environmental review).

For many governmental land use decisions, there is a requirement that the governmental agency conduct an adequate environmental review. If the environmental review is inadequate, the project cannot go forward.

5. Permitting and variances.

You own a narrow vacant lot on which you wish to construct a residence that will be narrow and long. The city will not allow you to construct such a house because it requires the house to be wider than your lot. Legal counsel can assist you in seeking a variance from the city in order to allow you to construct a house on your lot.

6. Subdividing.

You own a 20 acre parcel in the desert that you wish to subdivide so that you can construct a housing tract. The city is requiring that as a condition of the subdivision, you pay the city a fee of $500,000. You object to payment of this fee. Legal counsel can assist you in determining whether this fee is reasonable and justified, and could bring an action against the city to invalidate this fee.

For more information concerning claims against a governmental agency, contact Barry A. Ross, Esq. at 949-727-0977, e-mail: rossbarry@aol.com or visit our website at: www.rossrealestatelaw.com

History of the Federal False Claims Act

nospam@example.com (Donald R. Warren) — Mon, 23 Nov 2009 14:56:25 -0500

The False Claims Act is intended to encourage people to come forward with information and assist the government in stopping Medicare fraud, defense contractor fraud and other kinds of fraud. Under the statute, individuals are awarded a percentage of the money the government recovers as a result of their successful whistleblower lawsuits.

The False Claims Act dates back to the Civil War when, in 1863, President Abraham Lincoln and the Congress enacted this law to combat defense procurement fraud in which unscrupulous defense contractors were billing the Union Army for dead mules, boots with soles that had glued on, rather than stitched (and were coming apart in the rain and mud), and gunpowder that had been salted down with sawdust.

President Abraham Lincoln knew the federal government lacked the “insider knowledge” needed to uncover sophisticated schemes of fraud against the federal treasury. As a result, Lincoln wanted a law that would reward insiders who came forward with their private attorneys to disclose the fraud and prosecute it. This reward is called the “qui tam” provision, which permits citizens to sue on behalf of the government and be paid a percentage of the recovery. “Qui tam” comes from the Latin phrase, “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which means "he who comes for the king as well as for himself." So, in a “qui tam” lawsuit under the False Claims Act, private citizens sue for themselves and on behalf of the federal government. Click here to read more...

About us: WARREN | BENSON LAW GROUP has been lead counsel and co-counsel in hundreds of qui tam action lawsuits nationwide targeting virtually every type of government contractor fraud. Click here to read more...

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How Do I Avoid an Auto Accident?

nospam@example.com (James M. Roane) — Mon, 23 Nov 2009 14:21:05 -0500

At Roane Law, our Greensboro car accident attorneys see many victims of serious car accident injuries. Unfortunately, many auto accidents are unavoidable and often unpredictable, whether the cause of a crash is due to dangerous weather conditions or the carelessness or negligence of another driver. In other cases, there are a number of ways you can avoid a collision:

Always look both ways: Whether you are merging onto a highway or about to turn on a local road, it is important to always look both ways and be aware of your surroundings.
Be aware of your blind spots: Make sure you are familiar with where the blind spots in your car are and do not always rely just on your mirrors. Many times drivers rely solely on their mirrors and experience collisions because they did not see another car located in the blind spot.
Avoid tailgating: It is important to always allow enough space between you and the car ahead of you in order to avoid any collisions.
Always be observant: Be aware of your surroundings and other drivers. If you see another car driving too fast, swerving or showing any sort of dangerous behavior, steer clear of that driver.
Be a safe driver: Try to drive during clear and safe weather conditions if possible. If you are feeling fatigued or sick, avoid driving until you feel you are clear-headed and aware enough to drive safely.
Keep your car maintained properly: A number of car accidents occur due to the improper “keep-up” of a driver’s vehicle (i.e. old tires, worn out brakes). It is extremely important to make sure your car is always running properly in order to ensure safety on the road for you and other drivers.
Drive the speed limit: More often not, people feel it is okay to drive above the given speed limit. Speed limits for roads and highways are created for a reason – to keep all drivers safe on the road. Make sure to always obey the speed limit in order to lower the risk of becoming involved in a serious or fatal accident.

Roane Law – Greensboro Car Accident Attorneys

4319 High Point Rd.
Greensboro, NC 27407-4351
Telephone: 336.790.6322
Fax: 336.285.5425

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Social media website usage is up - What is your business doing about it?

nospam@example.com (Laura A. Rogal) — Mon, 23 Nov 2009 11:59:03 -0500

According to Alexa.com, the industry standard for tracking website usage, seven of the top twenty websites in the United States are social media sites. These sites include Facebook (the third most trafficked website in the U.S.), MySpace (#5) and Twitter (#13). It's not just frivolous visits to these sites that is up, however. A recent survey of nearly 3,000 North American professionals by Business.com revealed that there is a shifting trend among businesses in capitalizing upon the increase of the business professional's use of social media. One particular point suggested by the survey is that while there typically exists corporate policies to restrict access to social networks while at work, that trend should be re-examined in light of the business value of social media. The numbers are telling - among survey respondents using social media for business purposes, 55% search for business information on websites such as Facebook and Twitter. In light of this increased usage of social media by businesses, an increasing number of lawsuits have emerged within the past few years. To avoid having your business encounter such a problem, if your company is considering recalibrating its work-based internet and/or social media policies to address the increased business applications of social media, we suggest that you create a structured written policy regarding internet usage in the workplace.

How to Properly Prepare For Your Divorce Law Firm

nospam@example.com (Mitchell A. Byrd) — Mon, 23 Nov 2009 11:51:01 -0500

If you facing a legal separation, divorce, or mediation it is only natural to be concerned about the expensive legal fees and long period of time that typically comes with any dissolution of marriage. Our Chattanooga divorce lawyers have worked with a lot of different families, and we know that one of the best ways to save time, money, and aggravation is to be properly prepared when you meet with your family law firm. While each state’s marriage laws and procedures slightly vary, there are several ways that can consistently help you prepare for when you meet with your family law firm.

Have your questions prepared. Before you begin the legal divorce procedures you will want to have all of your options presented to you. Write down the many questions you want to ask your attorneys before you meet with them to save time. Have your attorneys discuss the differences between a contested and uncontested divorce, and which category you and your spouse fall into.
Bring a list of your assets, debts, and properties. Your attorneys will divide your assets and debts in the settlement agreement. You need to be honest and upfront when discussing these possessions with your lawyer.
Properly prepare for your child custody case. If children are involved the judge will be looking at almost every aspect of your life when deciding custody of the children. You will need to provide how much you make, how much time you spend working, how much time you can dedicate to your children, the cost of living to provide your children, as well as references of your parenting from people close to you. If you have a criminal, drug, or abuse record you need to be upfront with your attorney so he or she can best represent you.

If you have more questions, contact the Chattanooga divorce lawyers of Mitchell A. Byrd, PLLC. Our attorneys are experienced with Tennessee divorce lawyer and help those struggling with family law issues such as child custody, divorce, or legal separation in Chattanooga, Nashville, Knoxville, Franklin, and through Tennessee.

MITCHELL A. BYRD, PLLC - Chattanooga divorce lawyers
622 Georgia Avenue, Suite 102
Chattanooga, Tennessee 37402
Toll-Free: 888-265-4856
Phone: 423-265-3001
Fax: 423-265-310

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Tip On How To Avoid Trucking Accidents

nospam@example.com (Drayton D. Berkley) — Mon, 23 Nov 2009 11:44:34 -0500

We have all felt the fear of driving alongside or in front of a massive truck; it is not difficult to imagine how dangerous an accident would be. How can we avoid truck accidents?

Understand the Truck’s Limitations

Every driver should know a truck’s limitations. A truck cannot stop as quickly or within the same distance as an automobile can, and the faster the speed, the longer it takes a truck to stop. A truck traveling at 55 miles per hour will need nearly 300 feet – three football fields – to stop, and that is with good brakes in good weather conditions.

Trucks have very wide blind spots where an automobile is not visible to the truck driver. These blind spots occur alongside the truck, behind the truck, and in front of the truck. If you cannot see the driver’s face in the side mirror or window, then the driver cannot see you. If you are passing a truck, do not move back into the right lane until you can see the entire front of the truck in your rearview mirror.

Make Allowances for the Weather, the Traffic, and the Road

Trucks fare no better in bad weather than automobiles, and in fact, bad weather may increase the truck’s limitations, particularly with respect to slowing and stopping. If you are following a truck, make sure to stay back for at least a ten second count. Start counting when a truck’s bumper has passed a mile marker – you should not pass the same mile marker for at least a count of ten.

Make Allowances for Bad Truck Drivers

We rarely assume that all drivers on the road are good, or even adequate drivers, and so we drive defensively. Despite their training, there are also truck drivers who should not be driving. If you are concerned about a truck driving near you, and you cannot safely put distance between yourself and the truck, get off the road. Pull into a rest stop, or let the truck pass you. Nothing can be gained by challenging the truck driver.

This article is provided by the experienced Tennessee truck accident attorney at the Berkley Law Firm PLLC, 877.224.1131, www.berkleytruckinglaw.com. 81 Monroe, Ste 400 Memphis, TN 38103

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California Car Fire Kills Parents, Child Near Los Angeles

nospam@example.com (Brett A. Emison) — Mon, 23 Nov 2009 10:21:29 -0500

KTLA has reported that a mother, father and child were killed when their Chevy Blazer struck a parked semi-truck and caught fire on the 210 Freeway near Sunland Boulevard in Sunland, near Los Angeles, California. Two other children were pulled from the burning vehicle and expected to be released.

SUNLAND -- Two children were pulled from the burning wreckage of a freeway crash that killed their father, mother and teenage brother in Sunland Sunday morning, authorities said.

The collision on the westbound shoulder of the freeway just east of Sunland Boulevard happened about 5 a.m., according to the California Highway Patrol. The GMC the family was riding in smashed into the back of a big rig that was legally parked on the side of the 210 Freeway, said Brian Humphrey of the Los Angeles Fire Department.

The GMC burst into flames and ignited a small brush fire nearby that was quickly extinguished.

A passerby dragged a boy, 11, and girl, 9, from the burning wreckage, Los Angeles Fire Department spokesman Brian Humphrey said.

The bodies of the father 41, the mother, 40, and their 14-year-old son were later found in the vehicle.

The surviving children were taken to Children's Hospital with minor injuries and were expected to be released to the custody of their grandparents, California Highway Patrol officials told KTLA News.

Our hearts go out to the children who survived this tragic fire and they and their family are in our thoughts and prayers. Fire accidents like this are tragic and should not happen.

A person should not survive a crash only to be burned alive in a vehicle fire.

You can learn much more about vehicle fires... what causes them and how they can be prevented at this previous article: Burned Alive: What You Need To Know About Fuel Fed Fire Defects.

Become a fan of Langdon & Emison on Facebook.

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Louisiana Railroad Crossing Accident Kills Pastor, Wife

nospam@example.com (Brett A. Emison) — Mon, 23 Nov 2009 10:07:38 -0500

WAFB has reported that Pastor Fanley Thomas and his wife, Florence, were killed at a railroad crossing in Le Moyen, Louisiana on Sunday morning on their way to church.

LE MOYEN, LA (WAFB) - A St. Landry Parish pastor and his wife died after authorities said a train slammed into their car Sunday morning.
Pastor Fanley Thomas and his wife, Florence, were killed at a railroad crossing in the town of Le Moyen, which is located in the northern part of the parish.
According to sheriff's deputies, the train hit the car on the passenger side, causing it to burst into flames.

Our thoughts and prayers go out to Pastor Thomas's family and congregation. This event is a tragic reminder of railroad crossing accident dangers and a call to action for all railroad companies to make their crossings safer.

There have been several tragic railroad crossing crashes in recent months -- many due to defects and problems with the crossings themselves.
There were reports in New Jersey of railroad crossing signal malfunctions that caused warning lights to go off when no train was present. These malfunctions lead to train collisions.
Burlington Northern Santa Fe railroad (BNSF) was fined $4 million for lying to a Minnesota court and attempting to cover up its role in a tragic train crossing crash that killed four people.

Relatives and extended church family of Pastor Thomas and his wife, Florence, are mourning their loss. Pastor Thomas just recently warned his community about the dangers of having a train crossing with no warning lights. Pastor Thomas will be missed by those who knew him.

"If you didn't meet this fellow, you missed a gem because he was one of the greatest people to walk the face of this earth," said Raymon Whitehurst, Thomas's brother-in-law.

Railroad companies should be held accountable for dangers railroad crossings that kill. Is there a different set of rules for railroad companies than for everyone else? If a railroad has a dangerous crossing where large trains speed through, shouldn't they warn approaching motorists? Why did the railroad never put up a proper warning device?

You can learn more about how to protect yourself at railroad crossings at by visiting our railroad safety blog or web site.

Learn more and become a fan of Langdon & Emison on Facebook.

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Drug Industry Document Archive (DIDA) Adds 15 More Pharma-Related Documents To Collection In November 2009

nospam@example.com (Thomas J. Lamb) — Mon, 23 Nov 2009 08:21:21 -0500

This Archive Contains Some "Secret" Documents Only Made Public In The Course Of Lawsuits Filed Against Pharmaceutical Companies

(Posted by Tom Lamb at www.DrugInjuryWatch.com on November 20, 2009; see http://bit.ly/92jz9s)

Created and maintained by the University of California at San Francisco (UCSF), the Drug Industry Document Archive (DIDA) contains over 1500 documents, many of which were previously secret and only made public as a result of lawsuits filed against drug companies.

In September 2009 Kim Klausner, who is the Tobacco Digital Library Manager at UCSF, kindly sent us an email notification about the addition of some Wyeth ghostwriting documents to the DIDA collection.

Now, a couple of months later, Kim Klausner has let us know about 15 new rather "revealing" pharma-related documents that have been added to this DIDA collection. From her recent email:

I’m pleased to announce that we’ve added 15 new documents to the Drug Industry Document Archive (DIDA). You can find them by typing in “ddu:20091112” without the quotation marks in the query box at http://dida.library.ucsf.edu. (A few of the documents in this batch replace damaged ones so are not strictly “new.”)
The documents include:
-- Depositions from Karen Mittleman, the DesignWrite staffer who worked on Wyeth’s publication plan for Premarin products. She responds to questions about how academic authors, her medical communications company and the drug manufacturer implemented its plan. (Parts of these documents appear redacted because the version we received had highlighting which doesn’t OCR well.)
-- A letter from Thomas Sullivan, President of Rockpointe, a medical communications firm, spells out the terms under which his company does business with numerous drug company clients and clarifies his relationship with ACRE, the Association of Clinical Researchers and Educators. He also provides a list of payments from drug and medical device companies for Rockpointe services from 2006 to June 2009.
-- The 1999 Tactical Plan for Paxil which includes participation in ISAAC (Initiative for Social Anxiety Assessment and Care), a disease-based registry of potential patients/customers, for which physicians will be paid $100 for each person recruited.
-- The 2004 Lexapro Marketing Plan which includes this gem: Bylined articles will allow us to fold Lexapro messages into articles on depression, anxiety and comorbidity developed by (or ghostwritten for) thought leaders (page 23).
Feel free to forward this announcement to anyone who might be interested. And please click on the Contact Us link at the bottom of DIDA’s pages if you want help searching.

Once again, we are grateful that Kim took the time to let us know about these additions to the DIDA collection, and we thank all the good folks at UCSF who are involved with the creation and growth of this project.

Attorney Tom Lamb represents people in personal injury and wrongful death cases involving unsafe prescription drugs or medication errors. The above article was posted originally on his blog, Drug Injury Watch – with live links and readers’ Comments.
http://www.DrugInjuryWatch.com
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NFL's new brain injury policy is a no-brainer

nospam@example.com (Kim Michael Cullen) — Sun, 22 Nov 2009 23:20:32 -0500

Kudos to the National Football League for announcing a new policy today wherein teams are required to have brain injured players evaluated by independent neurologists before allowing the players to return to the field. Until now, teams were free to have players evaluated by team-selected physicians before giving the okay to play. This practice led to some debate about whether team physicians had conflicts of interest in deciding to allow players back on the field.

As more research becomes available from the medical community, we are becoming more and more aware of the seriousness of injuries to the brain, and particularly the compounding negative effects of multiple concussions suffered by the brain. These types of injuries are not limited to football players, and are often experienced in car and truck accidents. The NFL is admirably trying to stay up with the latest research. Starting this season, all players were required to under basic neurological testing so that a baseline could be established to compare to if the player received a brain injury.

The next step forward for the NFL is to further educate its players to recognize even the minor effects of brain injury. Historically, players are trained to "play through" pain, dizziness, disorientation, and other signs of brain injuries. We have a similar challenge in educating our personal injury clients. Players and clients alike need to realize that any kind of brain injury is serious and deserves attention. Hopefully, the NFL will continue to demonstrate that it cares about the long-term wellness of its players.

For more information, contact us at www.cullen-law.com.

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Leveling the Playing Field in Injury Cases

nospam@example.com (Dixon R. Gahnz) — Sat, 21 Nov 2009 19:28:54 -0500

If you have been hurt in an accident there are many things you are worried about. You are worried about your medical bills, your job, how you are going to pay your household expenses while you are off work. The insurance companies know you are worried, and they know that the more pressure you are under the more likely you are to settle your case before you know the extent of your injuries.

Insurance companies do not offer to pay you while you are off work. They don’t offer to pay the medical bills as you go. If they did that, there would be a lot less stress in your life, and thus no hurry to settle your claim. However, if you are behind in your mortgage because you can’t work, then the pressure to settle is immense.

There is a tool that may help with this problem. It is a Wisconsin statute, §628.46. It provides that a claim is overdue if it is not paid within thirty days of being presented to the insurance company. There are exceptions of course, and the insurance company jumps at any chance not to pay. If the liability is clear, and you submit written notice of the claim with detailed proof of loss, then the insurance company is required to pay that part of the claim. If the insurance company does not pay it within 30 days, it is subject to 12% interest from the time of the demand until it is paid.

There is another aspect of this statute that puts some teeth in it. If an injured person has to sue to collect her damages she can bring a claim under §628.46. Such a claim makes the insurance adjuster’s conduct relevant. For instance, if the insurance company refused to pay because they believed liability was in dispute, the claims file with that information in it becomes relevant to what the adjuster really believes. Insurance companies are notorious for protecting their claims files. They do not want the public to see how they evaluate injuries, and as a result the prospect of having to turn that file over helps the injured person.

If you have been injured and have questions about your rights, contact dgahnz@lawtoncates.com or go to www.lawtoncates.com for more information.

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Chicago: Wrestler Suing After Stairs Collapse

nospam@example.com (Michael P. Ehline) — Sat, 21 Nov 2009 15:16:12 -0500

Jennifer Fernicola issued a report today November 11, 2009, in the Hot Topics section of the online publication, Chicago Now, under the title, Pro Wrestler sues after he falls out of the ring, suffering personal injury. Apparently, the stairs leading from the wrestling ring collapsed under professional wrestler Gregory Lee as he left the ring. He is suing Windy City Pro Wrestling. I am sure he has a good personal injury lawyer on the said case. In the complaint that was filed last July, the wrestler was in a wrestling entertainment event held at Toyota Park in Bridgeview. The stairs to the ring collapsed and Lee then suffered the personal injury in a fall. For his part, Lee contends that Windy City Pro Wrestling was also negligent when it, "failed to adequately light the catwalk and stairs leading from the wrestling ring."The third defendant in Lee’s case is the Village of Bridgeview because it helped in the building of the stairs and catwalk. By the way, if you are in the hunto for a Chicago personal injury lawyer then I might suggest John Buden. In my estimation he is one of the better such lawyer in the whole windy city of Chicago. Meanwhile, in an unrelated story, the Chicago Sun Times ran a piece today, November 11, 2009, by Mark Brown, titled, Law students' idea grows into godsend for vets. Three law students had an idea to help Veterans. Nicholas Henry, Michael Barnicle, and Ryan Coward wanted to help vets by starting a legal clinic to help veterans get their benefits from the Veterans Administration. Their creating, Veterans Legal Support Center and Clinic, at the John Marshall Law School, is almost two years old and takes hundreds of calls a week from vets needing all sorts of issues settled. Recently claimants included a Lake Bluff World War II vet trying to establish a connection between his service experience and Post Traumatic Stress Syndrome, a Korean War-era vet from Naperville who believes his asbestosis was caused by his work in the Army motor pool, and a Vietnam vet from South Holland suffering from Agent Orange exposure who seeks benefits for his prostate cancer. Barnicle, Coward, and Henry have flourishing careers as military lawyers. Their legal clinic is evidence that those with an idea, a desire to help, fortitude to persist, can make a huge difference. It just goes to show that many a young lawyer has his heart in the right place, especially in Chicago.

Continue reading "Chicago: Wrestler Suing After Stairs Collapse"

I've got a judgment - Now what?

nospam@example.com (Philip W. Boyko) — Sat, 21 Nov 2009 10:51:13 -0500

You were successful at the trial court level and you now have a judgment in hand against that low-life of a former customer who took your goods or services without paying for them. You took the case to trial and the judge awarded you judgment for the full amount the customer failed to pay, your court costs, and your attorney's fees. The whole amount is accruing interest at the post-judgment rate. The debtor either didn't appeal or your judgment was affirmed on appeal. Wow! Now you're on easy street, right? So you ask your attorney, where's my money? You want the truth? Can you handle the truth? It's still in the judgment debtor's pocket and you are foolish to think that he will part with it any time soon. Welcome to collection litigation, part two, or how I spent another year trying to collect what the judge said the debtor owes me.

If you are one of the lucky few, you may actually receive a check for the entire amount of your judgment. If so, don't ever tell anyone you never won anything. You just hit the lottery! If that does not happen, your next best scenario may be to convince the debtor to enter into a cooperative payout of the judgment in agreed installments in exchange for your agreement to forebear enforcement of the judgment. In essence, you tell the debtor that you'll take regular payments and that you'll stop making life miserable for him. This can be a win-win situation for all involved. Don't forget, for the last few years you have ben involved in litigation against the debtor and you are now looking to turn off the money spigot on your side (it will continue if you don't reach a speedy agreement on payment/payout), and start the flow of money back to you or your company. If the debtor instead thumbs his nose at your judgment, you need to consider your post-judgment options, given the possibility that any of the following events may occur:

the debtor's bankruptcy may be looming just around the corner
the debtor may be insolvent, and therefore, judgment proof
the debtor may have transferred assets to hinder, delay or defraud you

The decision on how to proceed in the post-judgment phase, and what vehicles to employ in that phase, must be based on a careful cost/benefit analysis. You need to talk with your attorney about the available remedies as they all have different costs. What may work against one judgment debtor may utterly fail against another.

Even if you decide to take a breather while you consider your options, there is one thing you should do immediately, abstract your judgment. In Texas, you simply ask the clerk of the court to prepare the abstract of judgment, a one or two page document that identifies the litigation and the fact that a judgment was rendered. What must be included in the abstract is set out in Section 52.003 of the Texas Property Code. Such things as names, birthdate and driver's license number of the judgment debtor, date of the judgment, and the judgment amount, are, needless to say, a must. After you are certain that the abstract meets the requirements of the statute, it should be recorded in each county where the judgment debtor owns property. If properly indexed, the judgment lien will attach to all of the judgment debtor's nonexempt real property in the county of recordation. Generally, the judgment lien continues for a period of 10 years, except if the judgment becomes dormant. "Nonexempt property" and "dormant" judgments are topics for separate blogs).

Nobody ever said collecting a judgment was easy. If you actually heard someone say that, then hopefully, it was not the attorney that represented you during the trial phase of your journey. Look at it this way. Your trial was like a journey on a rough ocean - a voyage frought with potential storms. Obtaining the judgment was like arriving at a sandy beach from that journey with a tropical forest before you. Now you just need to find the riches hidden in that forest. You need a seasoned collection attorney now more than ever.

What Information Will Your Medical Malpractice Attorney Need?

nospam@example.com (Gregg A. Stone) — Fri, 20 Nov 2009 19:29:48 -0500

When you begin the process of filing a lawsuit for malpractice in Newark, your lawyer will need some information. Telling your side of the story is the first step. After that you will need to give your malpractice attorney a variety of documents and paperwork to help determine whether a medical malpractice case exists.

What to bring to your lawyer

The most crucial information for your lawyer pertaining to the malpractice case is your complete medical records. Your medical records are considered your personal property, and you have the right to get a copy from your doctor if you ask for it. The doctor may charge you a reasonable fee for making the copies.

Bring anything else that might seem relevant. Don’t limit yourself by thinking that something is not important. Every detail that you show to your medical malpractice lawyers will help them analyze your case.

Your Newark Medical Malpractice Law Firm

The Newark medical malpractice law firm of Kirsch Gelband & Stone provides complete assistance to you in medical malpractice litigation. We assure you that your case is handled confidentially and respectfully.

Kirsch, Gelband & Stone, P.A., 17 Academy Street, Suite 707 Newark, NJ 07102.

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FERS & CSRS Disability Retirement: Hindrances

nospam@example.com (Robert R. McGill) — Fri, 20 Nov 2009 18:41:49 -0500

One would think that the Human Resources Department of the Agency from which a Federal or Postal employee is attempting to file a Federal Disability Retirement application, would be a "helpful" entity. It is indeed a baffling phenomena when one pauses and reflects upon it: What is the purpose of the Human Resources Department? Specifically, what existential purpose does a person serve, who has a positional designation of "Disability Retirement Specialist"? Let me attempt to answer the question in the way it is supposed to be answer: 1. The purpose of the Human Resources Department is to help the Federal and Postal employees of the Agency or Department of which they have been established. 2. The person who holds the designated job entitled, "Disability Retirement Specialist" is one who, theoretically, is there to assist in any way, within the legal confines established by the Agency, in as much as possible, to help the Federal or Postal employee to finalized and complete the disability retirement packet for submission to the Office of Personnel Management. Now, let me pose the following hypothetical: an H.R. person calls up and says, "I cannot forward the disability retirement packet because Box Number ___ on Standard Form _____ has not been checked." Does this sound like the Human Resources Department is fulfilling the existential purpose for which it was established? On the other hand, rhetorical questions are fun to ask, precisely because they are rhetorical, and allow one to expiate some build-up of frustrations on a Friday night, after a long week dealing with multiple agencies. Have a good weekend.

Sincerely, Robert R. McGill, Esquire

Divorce New York Style

nospam@example.com (Lee Rosenberg) — Fri, 20 Nov 2009 17:06:55 -0500

Divorce New York Style

Drunk Driving Arrest: Now What?

nospam@example.com (Harry S. Steinmetz) — Fri, 20 Nov 2009 16:46:31 -0500

Face it. A drunk driving arrest is a serious criminal matter that you should not treat lightly. If you are faced with a violation of DUI laws, you need a DUI defense attorney who knows the ins and outs of the laws. This is not the time to go it alone.

DUI can ruin your life

If you are convicted of DUI, you are in serious trouble. You face possible license suspension, fines, and in some cases, jail. Your insurance premiums may go up significantly, and you may have to attend classes. You may not be able to drive legally at all. In addition, your insurance company may deny you coverage for your accident if you are found to be guilty of DUI.

Think about the restrictions on your freedom. How will you drive your child to activities or school? How will you get to work? What happens if someone is injured and you cannot drive to the hospital? You face psychological and economic havoc that may take you years to correct. A knowledgeable DUI law firm can help you avoid or minimize these consequences

What to do after a DUI stop

After you are stopped for DUI:

Provide the officer with your driver's license, registration, and proof of insurance
Tell the officer you will not be answering any questions or making any statements
If you are asked to perform road side tests, you do not need to do so. Refuse. The results of these tests will be used against you. Everything you do and say becomes evidence. You can tell the officer that you will blow into a blood alcohol concentration (BAC) machine at the station if the officer has probable cause to arrest you.
Inform the officer that if you are not under arrest, you wish to leave immediately. If you are under arrest, tell the officer you wish to talk to your attorney immediately.

For those in southwestern Washington, always contact a Tacoma DUI law firm before you give a breath sample or refuse to give one. There are serious consequences to your decision and it is best to have a DUI lawyer in Tacoma involved to minimize the impact of what you are facing.

If you are seeking Tacoma DUI attorneys, contact the Law Office of Harry Steinmetz for straight answers and immediate help.
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Do All Personal Injury Cases Involve Physical Injury?

nospam@example.com (Paul S. Rosenberg) — Fri, 20 Nov 2009 16:37:58 -0500

Not all personal injury cases actually involve physical injury. The broad legal term of personal injury can apply to injuries that affect health of mind, body, or emotions. For example, injuries sustained in an accident or incident can be physical, such as broken bones, or emotional and mental, such as pain and suffering.

Other forms of personal injury include the following:

Financial injury has taken place when a person’s economic stability is threatened or property is significantly devalued due to the negligence of another party.
Damage to reputation can also have a substantial impact on emotional and financial well-being. Cases of defamation or slander fall into this category of personal injury.

Whether the injury you or a loved one suffered is physical, mental, emotional, or financial, the West Palm Beach injury lawyers at Rosenberg & Rosenberg have the skill and experience to fight for the compensation you deserve. We know how to prove that the defendant was acting negligently when the accident or injury took place.

Our West Palm Beach personal injury lawyers begin with an assessment of damages. This is a key aspect in determining whether you can seek compensation for your accident. Based on your injuries and damages, your West Palm Beach personal injury attorney will determine whether or not it is in your best interest to file a claim and seek compensation.

A West Palm Beach personal injury attorney from Rosenberg & Rosenberg is the experienced professional best able to assess your personal circumstances and damages and inform you of your rights and ability to file a claim. If you have received physical, emotional, or mental injuries as a result of an accident, you should speak with our skilled attorneys as soon as possible to discuss filing a claim for compensation.

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Reasons why a Virginia Workers' Compensation Settlement Could be Rjected

nospam@example.com (Gerald G. Lutkenhaus) — Fri, 20 Nov 2009 15:25:08 -0500

On November 13, 2009 I attended a recent seminar for the elite of Virginia Workers’ Compensation Claimants’ Attorneys. One of the presenters at the Conference was Deputy Commissioner Courtney Mercer of the Commission. His topic was the pitfalls in submitting a settlement to the Commission. He suggested a list of errors that needed to be avoided in submitting a settlement or risk rejection of the settlement:

NO BLANKET RELEASE: He said the Commission would not allow a blanket release in the settlement that released claims other than the workers compensation claim that was being settled.

BEST INTERESTS OF THE CLAIMANT: He said if the claimant’s attorney did not adequately explain why the settlement was in the best interests of the claimant it would be rejected.

LIFECARE PLAN: He said a permanent total disability claim could require a lifecare medical plan.

SOCIAL SECURITY DISABILITY: He said the claimant’s Social Security Disability status has to be addressed. If the claimant is on Social Security, the Commission is willing to approve a lifetime proration so that any offset can be eliminated.

MEDICARE: Most importantly, he said Medicare’s interests had to be considered. He said if the settlement exceeds $25,000.00 and the claimant is on Medicare or eligible for Medicare then a Medicare set aside account has to be approved by CMS. If the settlement is for more than $250,000.00 and the claimant has a reasonable expectation of being on Medicare within 30 months, then a Medicare set aside account has to be approved by CMS. He did say CMS pre-approval is not required if the insurer is willing to pay any additional amounts above the proposed Medicare set aside account. He said if the claimant’s Medicare status was not clear the settlement could be rejected.

CHILD SUPPORT LIENS: He noted settlements are subject to child support liens. He suggested appropriate language for addressing liens in the settlements.

MEDICAL EXPENSES: He suggested if the settlement terminates medical care there must be a specific date as to when medicare care will end. He said if there were outstanding medical bills this needed to be addressed in the settlement to avoid future litigation.

ATTORNEY FEE LIEN: He suggested the parties attempt to work out any lien of a prior attorney. He said the failure to do so would result in a delay in any approval of the settlement.

DEATH CASES: The problem of disbursing the estate to minor was discussed. There were various suggestions on how to overcome the $15,000.00 lump sum limitation.

ANNUTIES: He noted the Commission still makes the casualty carrier ultimately responsible even if the settlement is going to be paid through the purchased of an annuity from a life insurance company.

NO HOLD HARMLESS CLAUSE: The Commission discourages the attempts by insurers to shift Medicare responsibility to the claimant.

In summary, Deputy Commissioner Mercer revealed how one can obtain a quick settlement approval and avoid mistakes. Anyone who is submitting a settlement to the Virginia Workers’ Compensation Commission needs to know the pitfalls in the settlement process.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

I have been representing claimants in Virginia for over 30 years. In the July 1999 issue of Richmond Magazine I was rated one of the Best Workers' Compensation Lawyers in Central Virginia. In 2003 I received the "AV" rating from Martindale-Hubbell, its highest rating for lawyers. You can get more information from my websites:

http://www.virginiadisabilitylawyer.com or http://www.geraldlutkenhaus.com

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The Unbearable Cost Of Daycare To The Non-Custodial Parent With Limited Means

nospam@example.com (Bryan L. Salamone) — Fri, 20 Nov 2009 14:29:48 -0500

The Unbearable Cost of Daycare To The Non-Custodial Parent With Limited Means

Since the Child Support Standards Act, it has been clear that a parent’s income would be used to calculate child support. In most cases, a parent who is chargeable with supporting a child or children will have to pay 17% of the parents’ gross income minus FICA. If the parent is a low earned or has limited means, the parent may lose 20% of their income to taxes; 17% to CS; and then be faced to pay pro rata daycare above and beyond child support.

For example, if a mother and father separate or divorce and both have an income of $40K, the parent that does not get custody must not only pay taxes; pay 17% of income to child support; but also be liable for approximately 50% of daycare cost. In our situation, daycare can cot an upward of $350-$400 per week depending on the age of the child and geographical location. For a parent earning $40K, the extra $200 a week or 10K/year in daycare will break that parent and will be an absolute untenable obligation.

A parent’s duty to pay their pro-rata share of daycare is not, in most cases, open for discussion. In fact, it is statutory with more and more parents working (FOX News reported that more than a third of mothers across the United States are employed full time away from home) being that there is more daycare. The increase cost of daycare is a function of supply and demand but also a function of high insurance costs and licensing requirements as well as the economic reality of the amount of space needed to care for a group of children. $400 a week for a 3-4 year old child in full time daycare is not unreasonable. If the business model includes the cost of the daycare center/space/environment; insurance; salary; utilities etc., therefore, more and more non-custodial parents are being forced to pay for daycare as a result of the increase in working mothers and/or families with 2 people employed full time away from home. Fifteen years ago, there was less daycare in divorcing couples as custodial parents were not working and spending time away from home as they are in today’s economy. Even the current unemployment statistics are favorable to females and unfavorable to males “11% of males where only 7% of females are unemployed: therefore, the child support that often allotted to the non-custodial parent combined with daycare has become more and more of an economic possibility. Both the CSSA that provides for a percentage from gross income for each child together with the statutory obligation to include daycare costs pro-rata above and beyond child support have made non custodial parents with modest incomes unable to meet their own expenses. CSSA, for the most part, is not negotiable and starts as a minimum together with daycare which is a statutory obligation. These 2 numbers taken together make cause the average person to be unable to support their own lifestyle.

At Bryan L. Salamone & Associates, PC we have been handling hundreds of divorce and family law cases each ear for well over a decade. We have 9 attorneys and a full staff of paralegals who are completely and wholly dedicated to divorce and family law. Mr. Salamone’s cases have been featured in network news, and we are arguable the largest Suffolk/Nassau matrimonial firm. Mr. Salamone’s successes in trends in custody and support cases are a result of his direct involvement in those cases.

Bryan L. Salamone and Associates 1145 Walt Whitman Road
Melville, New York 11747

www.DivorcelawyerLongIsland.com

Tel:631-424-3597
516-222-ATTY

Fax:

631-424-5023

Will I lose my house if I file?

nospam@example.com (Denise Brown) — Fri, 20 Nov 2009 14:20:20 -0500

Most homeowners think that if they file for bankruptcy, then they will lose their house. This is not always the case, but you should speak with a Louisville bankruptcy lawyer about the specifics of your case.

If you do file for bankruptcy and you own a house, the trustee assigned to your case will first determine if there is any equity in your house. This is calculated by taking the current value of the house minus the costs of the sale of the property minus the payoff amounts on all liens on the property. If there is no equity in the house, then the trustee will let you keep the house. You will be able to keep the house as long as you pay any mortgages on the house.

Bankruptcy does not remove the liability for voluntary liens such as mortgages. It also does not relieve tax liens. Therefore, your lender retains the right to foreclose on your property if you do not pay your duties.

As long as you continue to pay your mortgage, you will not lose your home. You need to remember that banks are not in the business of owning properties and selling them and do not want to own your property. They will only resort to foreclosure if that is the only way for them to collect what is owed to them.

If your home does have equity, the trustee and courts will determine if the equity is exempt. Any assets that are exempt are yours to keep and cannot be included in the bankruptcy proceedings. If the entire amount of the equity is exempt, then you will be able to keep your house as long as you continue to pay your mortgage. If the exemptions are not enough to protect your equity, then you may want to consider filing for Chapter 13 bankruptcy.

It is advisable to speak with an experienced bankruptcy attorney about your case. He/she will be able to help you determine the amount of equity you have in your house, if any, and if the equity is exempt. Your attorney should be able to help you determine if bankruptcy is the best option for you as well as the type of bankruptcy best suits your needs.

This article has been provided by Denise Brown’s Legal Direction, Louisville bankruptcy attorneys, 502-587-0331, www.4realdirection.com.

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The Big Apple Map

nospam@example.com (Joseph A. Marra) — Fri, 20 Nov 2009 14:01:52 -0500

Another change with respect to slip and fall accidents is the existence of the Big Apple Map. In 1979, the Administrative Code was amended to establish a prior notice requirement for sidewalk and crosswalk injury claims against the City. No matter how serious the injury, you cannot sue unless the city has received prior written notice of the condition and has not corrected it within 15 days.

To counter this problem of notice, in 1981 the New York State Trial Lawyers Association established the Big Apple Map to give written notice to the city. The map shows defects such as broken curbs, uneven sidewalks, potholes, and hazardous depressions which your Bronx personal injury attorneys can rely on to fulfill the notice requirement.

Law Offices of Joseph A. Marra - Bronx Injury Lawyers
147 East 233rd Street, Bronx, NY
(888) 381-7856
Map

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Corporate Formation for Internet Businesses

nospam@example.com (Mark G. Clark) — Fri, 20 Nov 2009 12:23:19 -0500

Attorney Mark Clark discusses business formation concerns for internet entrepreneurs in this interview on Traverse Legal Radio titled Corporate Formation Issues For Internet Entrepreneurs.

Traverse Legal Radio
Click Here To Play Show

With expert: Attorney Mark G. Clark

Show sponsor: Traverse Legal, Corporate Lawyers

Transcript excerpts below.. (Read entire interview transcript here)

DAMIEN: Well, we're talking about LLCs. What is a Limited Liability Company, Mark?

MARK: Well, Damien, a Limited Liability Company or what is more commonly referred to out in the public as an LLC is a business entity. Similar to a corporation or sole proprietorship or a partnership, but it has some features that may be more beneficial. As the name suggests it is a limited liability company. What that means is that you can create for your business this type of a business entity and limit yourself from liability. Really there are two types of liability that people who own and/or form businesses are concerned with. Those are protecting themselves from liabilities such as a casualty liability where for instance in the course of your business you cause or create a car accident and you have inadequate insurance. What you've done then is you've created a business entity to take the liability exposure from that event. The more common reason that people would want to form a limited liability company or LLC is to protect themselves from business debt. If for whatever reason the business is not doing well, or ultimately fails for instance, the individual is protected from paying the company's debts and obligations in the event of a business failure.

DAMIEN: What are some other reasons that someone would want to create a limited liability company?

MARK: The most common candidate for a limited liability company is a small business or a family business. It used to be, Damien, more than ten years ago...there was really only one option for forming a business entity to protect yourself from liability and that was the corporation. Now the corporation is a little bit more complex. It involves the issuance of shares of stock and the creation of boards of directors and officers and it was very cumbersome or difficult for the small business owner or the family owned business to operate in that type of a business structure. Now the limited liability company has been around for more than ten years, but about ten years ago or so the IRS came down with a revenue ruling which made it clear that this more informal type of organization was going to receive the same type of beneficial tax treatment that an S corporation had. And that is that income that you generate will flow thru to you individually and not be taxed twice. A limited liability company is less formal than a corporation. It operates more like a partnership and a limited liability company is created and formed by essentially creating a document that is much like a partnership agreement. It is very flexible and it can be created to suit the individual business owner’s needs. You're not stuck with what the laws used to provide for which was essentially a corporate form of business entity.

WHY THE FELA IS BETTER THAN WORKERS' COMP

nospam@example.com (Robert H. Wendt) — Tue, 13 Oct 2009 13:02:48 -0400

The FELA provides a much broader array of remedies than the traditional workers' compensation system. For the most part, workers' compensation benefits tend to be fixed and arbitrary, and to grossly under-compensate injured workers. For example, under workers' compensation, an injured employee receives only partial wage reimbursement benefits and nothing for pain and suffering. Under the FELA, however, an injured railroad worker can recover all of the damages traditionally associated with a law suit, including all of his or her lost wages and benefits (past and future), medical expenses (past and future), pain and suffering, and loss of enjoyment of life.

To recover under the FELA, the injured worker must first establish some negligence on the part of the railroad. Again, this differs from workers compensation laws which do not require the employee to prove negligence. However, the amount of negligence that must be demonstrated under the FELA is slight. Essentially, the worker needs to establish that the railroad failed to provide him or her with a reasonably safe place to work.

The FELA also has provisions to deal with situations in which a workers' own negligence may have combined with that of the railroad to bring about the injury (a principle known as "contributory negligence"). Basically, the way the law works is that if a railroad worker is found to be partly responsible for an accident, any damage award will be reduced by the workers' contributory negligence. For example, if a jury decides that an injured worker is entitled to a total recovery of $100,000 (for lost wages, pain and suffering, etc.), but also decides that the worker was himself 25% responsible for causing the injury, the ultimate recovery by the employee would be $75,000 - the jury's $100,000 verdict minus 25% of that amount for the employee's own contributory negligence.

In some cases where the railroad has violated a Federal railroad safety law, such as the Safety Appliance Act or Locomotive Inspection Act, there is no reduction for contributory negligence and the railroad will be liable for all damages. Another important protection of the FELA is that it makes it a crime for a railroad to intimidate its workers from providing information about an accident to an injured employee's attorney.

At the railroad accident law firm of Yaeger, Jungbauer & Barczak, PLC., our attorneys have decades of experience in railroad crossing accidents and work collaboratively with each other to share information, research, and new
concepts.

Continue reading "WHY THE FELA IS BETTER THAN WORKERS' COMP"

THE YAEGER FIRM FIGHTS FOR SUFFERERS OF CARPAL TUNNEL SYNDROME

nospam@example.com (Robert H. Wendt) — Thu, 24 Sep 2009 14:51:48 -0400

The firm has recently begun a program of providing tests for railroad workers to determine if they have symptoms related to carpal tunnel. This testing and consultation about railroad accidents and workplace injuries will take place throughout the country as the Yaeger Firm continues its proud 75 year history of helping rails seek compensation for work related injuries under the Federal Employers Liability Act.

YJB&W partner Bob Wendt is heading up this initiative. After successfully litigating several carpal tunnel claims, Bob realized that a substantial number of rails may suffer from symptoms related to carpal tunnel syndrome. He also recognized the need to help these injured people who are often the victims of an unsafe workplace. Bob said, “The railroads kept secrets about their knowledge of how the railroad work environment creates the circumstances for carpal tunnel to happen. We are stepping up to fight for those who have been overlooked by the railroads.”

In 2003 Bob created and successfully litigated a new way of pursuing carpal tunnel claims on behalf of injured rails. He brought together six injured workers in a “consolidation order” that allowed all of their cases to be litigated as one case. “This is a huge benefit to anyone who has a carpal tunnel claim,” Bob said. “It gives each individual a greater pool of resources to draw on, from medical and safety experts, to legal work and court time. There are so many carpal tunnel claims that it could take an injured rail years to bring a case to court. With a consolidation order everyone gets their day in court.”

For 75 years the attorneys and staff of the Yaeger Firm have been dedicated to defending the rights of Union railroad crossing workers throughout the country. We understand the seriousness of an injury and the impact it can have on a persons life and we are committed to helping them in their time of need.

CARPAL TUNNEL: THE FACTS

Carpal Tunnel Syndrome (CTS) is a condition that can cause severe pain and discomfort in your hands and fingers. If untreated it can lead to permanent nerve damage and reduced hand function.

CTS is caused by a compression of the median nerve, which runs from the forearm to the hand and carries signals between the brain and the muscles of the hand and fingers. The median nerve goes through a "tunnel" formed by the carpal ligament and carpal bones of the wrist. If these tissues are damaged due to force, awkward posture, and repetition, the tissues will become inflamed, creating pressure inside the carpal tunnel and compressing the nerve. This compression will lead to symptoms of pain, tingling numbness.

Carpal Tunnel Syndrome is one of many cumulative trauma disorders that are often referred to as "repetitive stress injuries", "overuse syndrome," and "wear and tear disorders". In the railroad industry these types of injuries may be caused by workplace factors including repetitive motions, forceful exertions, forceful gripping, vibration, and awkward postures.

Treatment:

The best treatment starts with early recognition and intervention, preferably in the earliest stages of the symptoms. In less advanced cases the physician may recommend non-surgical treatment, which may include the use of antiinflammatories and/or wrist splints. In those cases where the disease process is more advanced surgery is often recommended.

The carpal ligament acts as the roof of the carpal tunnel. A surgeon can relieve pressure on the nerve by releasing the carpal ligament. This type of surgery may take anywhere from a few weeks to a few months to recover from, and in the vast majority of cases the patient is able to eventually return to normal work activities.

Carpal Tunnel and the Federal Employers' Liability Act:

If the injuries leading to carpal tunnel are caused in whole or in part by the conditions in the workplace that were not reasonably safe, a worker may be entitled to compensation. The railroad industry has not fully responded in recognizing the workplace risks associated with carpal tunnel. Equipment and work procedures have not been generally modified to minimize the problem. Little has been done to educate its employees about prevention or how to recognize the symptoms.

The time limit in which injured railroad crossing workers must file suit is within three years of the date when they knew or reasonably should have known that they suffered from carpal tunnel related to their work. Because the start of this time period may be difficult to determine, it is best to seek legal advice if you, the employee, recognize symptoms which signal the onset of carpal tunnel. These claims can be difficult and complicated, not only due to the medical issues but also because non-work behavior such as recreational activities may contribute to CTS symptoms. The sooner you seek legal counsel, the sooner these issues can be evaluated to determine if you have a viable claim.

Please contact the firm for railroad crossing accidents and other related injuries.

Continue reading "THE YAEGER FIRM FIGHTS FOR SUFFERERS OF CARPAL TUNNEL SYNDROME"

Understanding the Appeal Process

nospam@example.com (Thomas T. Overton) — Fri, 20 Nov 2009 11:23:01 -0500

An appeal is when a party in a lower court proceeding asks the appellate court or higher court to review and reverse the decision that was decided by the lower court.

In a criminal case, after a defendant is convicted and sentenced, he or she has the chance to appeal the sentence. If the conviction is a product of a guilty plea, the defendant is permitted to ask the judge for “leave” to appeal the verdict. The defendant also has the right to appeal if the conviction resulted from a trial. An appeal is not a retrial of the underlying proceeding. Instead, the appellate court reviews the trial record to make sure that all of the proceedings were conducted in a manner that was fair and lawful.

Once an appeal begins, the appealing party submits to the appellate court legal briefs explaining the trial courts errors, along with a copy of the previous trial-court transcripts and any of the exhibits used at trial. The opposing party can then submit their own brief. Additionally, the appellate court can schedule oral argument. These arguments are usually very brief and focus only on the legal issues. The appellate court then reviews the entire record for any errors that could have altered the conviction. But the appellate court will disregard any harmless errors, which are errors believed not to have affected the verdict.

The appellate court will also disregard what they believe are mistakes of trial strategy. For example, an error that typically alters the verdict is one that hinges on whether certain evidence, or possibly a confession, should not have been allowed at trial. If the appellate court reverses in this situation and excludes the evidence, the prosecutor then has the ability to retry the case without the evidence or must dismiss the charges.

If the defendant wins the appeal, the prosecutor then has the option to appeal to a higher court. Often times, the prosecutor will offer the defendant a reduced plea, which would include a sentence of time already served. This may be ideal for a defendant, who might not want to run the risk of being convicted again if the case is retried. Sometimes the defendant will insist that he or she is not guilty, and will request a new trial. The prosecutor could also be adamant that the defendant belongs in prison and take the case to trial.

This article was contributed by the Tennessee criminal defense Law Offices of Thomas T. Overton, 615-250-8000, www.tncriminallawfirm.com.
Continue reading "Understanding the Appeal Process"

How do you speed up the processing of your motorcycle accident claim?

nospam@example.com (Joseph L. Messa) — Fri, 20 Nov 2009 11:11:57 -0500

Motorcycle accidents are on the rise, especially during the warmer summer and fall months. These accidents are often not caused by motorcycle riders. However, once an accident has happened, it may take a long time to get your bike fixed to get it replaced.

Insurance companies move at different speeds. Some companies do not focus a large portion of their business on motorcycle insurance. As a result, their processing times might be slower.

You may not be able to speed up your claim, but it helps to have documents that indicate the value of your motorcycle and any aftermarket or other customizations you may have done. Have valuations of your motorcycle prepared by experts in the motorcycle community including the dealer you purchased it from and any qualified professionals who may have enhanced it. If your bike is totaled after a motorcycle accident, the insurance company will retain their own experts to assess the reimbursement value. Having your own documentation of your motorcycle's value will be extremely important as this time.

One of the best things you can do for yourself when you get your motorcycle license and your bike is to choose an insurance provider and broker who have expertise insuring motorcycles. After a motorcycle accident, the best thing you can do is find an experienced motorcycle accident attorney.As motorcycle accident lawyers in Pennsylvania and New Jersey, Messa & Associates has the experience and skill to get the attention of those who should take responsibility for the damage caused to your vehicle and your life. Our attorneys take cases all over Pennsylvania, New Jersey, and their neighboring states. Call toll free at 1-866-403-4529 to set up a free consultation with a Philadelphia motorcycle accident lawyer. Pennsylvania Motorcycle Accident LawyersMessa & Associates
123 South 22nd Street
Philadelphia, PA 19103
Phone: (866) 403-4529New Jersey Motorcycle Accident AttorneysMessa & Associates
2091 Springdale Road, Suite 2
Cherry Hill, NJ 08003
Phone: (856) 810-9500
Continue reading "How do you speed up the processing of your motorcycle accident claim?"

WOMAN FACES THEFT CHARGES FOR FALSE INK CARTRIDGE RETURNS

nospam@example.com (William O. "Bill" James) — Thu, 19 Nov 2009 15:35:23 -0500

A 41-year-old Willmar woman made her first court appearance Tuesday on three felony theft charges for allegedly making almost $5,800 in false ink cartridges returns at an Office Max in Minnesota.

Kelly Marie Lipinski was released on her personal recognizance and ordered to have no contact with the Office Max store or employees. She is scheduled to appear in court in Kandiyohi County District Court on Jan. 11, 2010.

According to the complaint, loss prevention personnel at Office Max contacted Willmar Police in September and reported that there were an unusually high number of returns of cash refunds at the local store. The returns were for mainly printer ink cartridges and were recorded by Lipinski.

The case came to light because the return of ink cartridges are not typically reinventoried because they are usually opened when returned.

The Office Max officials had tracked down a customer who had purportedly made a return, logged by Lipinski. The person denied making the return. The officials had already interviewed Lipinski, who allegedly admitted to making the false returns, then taking cash refunds at the end of her shift. She reported the theft was about $3,682.04 on 44 returns this year, and about $4,800 last year. She had given a written admission to the store officials. Lipinski was interviewed by police and explained she had looked up the electronic receipts in the store’s computer, picked cash transactions, entered a refund and then took the cash at the end of her shift. The total theft was for $5,776.67 from July 2008 to August 2009.

On a differnent note, a Bridgewater, NJ resident charged with shoplifting printer ink cartridges from Costco

Hoa Nguyen, 56, of East Main Street in Bridgewater was arrested and charged with shoplifting $82.99 worth of HP ink cartridges from Costco.

For more information on what to expect in a criminal case, please contact a criminal lawyer in Arkansas at the James Law Firm at 1-888-831-5635.

Continue reading "WOMAN FACES THEFT CHARGES FOR FALSE INK CARTRIDGE RETURNS"

Drive Hammered, Get Nailed!

nospam@example.com (C.D. Owens) — Fri, 20 Nov 2009 09:43:36 -0500

The Holiday season is about to begin, with parties, get-togethers, friends, families … and alcohol. Arizona’s task force targeting drunk drivers is continuing in full force with the slogan, “drive hammered, get nailed,” and statistics prove that they are serious about it: while the Fourth of July weekend netted over 300 drunk drivers, the Labor Day weekend brought in almost 1,000, with 315 facing extreme DUI charges and 92 people under the age of 21 arrested (AZCentral.com).

The Phoenix DUI Attorneys at Owens & Perkins strongly recommend that you name a designated driver if you are going to drink. A DUI can do more than send you to jail – it can send you (or someone else) to the morgue. But what does just a half a glass of red wine during dinner do to your BAC (Blood Alcohol Content)?

Figuring your possible BAC is simple: go to www.opduilaw.com and click on the Blood Alcohol Content Calculator to see how much alcohol, what kind, and within what time limit, may create a .08 or above BAC– and potential DUI arrest. For example, if you’re a woman and you drink two 16-ounce beers in the course of one hour, you’re probably at the legal limit (for a man, drinking three beers may put you at .08). And remember, you can be ticketed even if you do not have a BAC above .08. The officer must simply determine that you are impaired to the slightest degree.

You don’t even have to be driving to be ticketed – you can be sitting behind the wheel in the parking lot, because that’s considered “in control” of a vehicle. So if you’re waiting for your non-drinking friend to arrive, we advise that you do not wait in your car. Contact a Phoenix DUI defense attorney to learn more about drunk driving laws in Arizona.

But above all, don’t become just another statistic. The Holidays are a great time to celebrate, to renew old friendships and gather with friends and family. The last thing your loved ones want is to remember the season as the anniversary of losing you.

Owens & Perkins, Attorneys at law

7322 East Thomas Road Scottsdale, Arizona 85251Phone: (877) 237-5966
24 Hr Phone: (480) 266-0000
Fax: (480) 941-2215

Website: http://www.opduilaw.com

Continue reading "Drive Hammered, Get Nailed!"

North Carolina DWI Laws Some of the Thoughest in the Country

nospam@example.com (John C. Fitzpatrick) — Fri, 20 Nov 2009 09:19:24 -0500

If you have been arrested for DWI in North Carolina,
it is critical that you contact a North Carolina drunk driving defense
lawyer immediately. North
Carolina’s "Booze it and lose it" campaign demonstrates
the attitude of law enforcement towards those drinking and driving; however, it
isn’t actually illegal to drink and drive.We certainly do not encourage drinking and driving, but you should be aware of the rights provided you by the North Carolina DWI laws.

North Carolina DWI law is primarily governed by North Carolina General
Statute Sect. 20-138.1 and Sect. 20-16. Like many states, North Carolina DWI
law includes both a traditional driving while impaired charge, and a per se
charge. Typically, when someone is arrested for DWI or a related North Carolina drunk
driving charge, they will confront both charges.

Traditional driving while impaired charge, relates to "appreciable
impairment.” This count does not depend on a particular blood alcohol level.
The prosecutor will attempt to prove the traditional North Carolina DWI charge
by demonstrating appreciable impairment through the suspect’s driving pattern,
their physical appearance, their performance on field sobriety tests, and the chemical
test results.

North Carolina DWI law for the "per se" charge relates to blood
or breath alcohol levels of .08% or higher. Current North Carolina law forbids
the use of the roadside breath test for other than probable cause to arrest
someone for drunk driving; this means that the roadside tests are not to be
used to establish impairment or violation of the per se law.

North Carolina
drunk driving laws are some of the toughest in the country. Recent amendments
to North Carolina DWI laws include laws that:

Strengthens the open
container law to prohibit anyone in motor vehicle from having open
containers of beer or wine while in a public vehicular area.
Strengthens the ignition-interlock
requirement requiring the alcohol-sensing device installed not just in his
or her primary vehicle, but all vehicles registered in their name.
Establishes a blood alcohol
content of 0.04 for those previously convicted of DWI.
Establishes a blood alcohol
content of 0.00 for those who have been convicted of a second DWI.
Requires those who are
convicted of having a blood alcohol level of .16 or greater to use an ignition
interlock system in their vehicles before their license is restored.

North Carolina DWI convictions are
subject to a complex, multi-level sentencing, rather than the traditional
approach of other states where penalties are simply enhanced for multiple
offenders within a certain time frame (usually 5, 7, or 10 years). Because
of the variables and possible punishments, it is critical that someone arrested
for drunk driving in North Carolina contact a qualified North Carolina DWI
defense attorney immediately.

The attorneys of The Law Offices of John C. Fitzpatrick have
successfully defended DWI charges in Durham, Chapel Hill, Hillsborough,
Raleigh and surrounding areas for more than 10 years.

If you've been charged with DWI, call now to schedule a consultation.

Continue reading "North Carolina DWI Laws Some of the Thoughest in the Country"

Federal Disability Retirement: OPM may say so, but... (II)

nospam@example.com (Robert R. McGill) — Thu, 19 Nov 2009 16:50:07 -0500

Then, of course, there are the multiple "other" issues which the Office of Personnel Management "says so", such as failure to pay the full amount of back-pay due; failure to compute the average of the highest-3 consecutive years correctly; reinstating the full amount of FERS once a person becomes no longer eligible for Social Security Disability benefits; arbitrarily and capriciously deciding that the medical report is not "good enough" in answering a post-disability approved, Medical Questionnaire; failing to compute the earned income in any given year properly, and thereby informing the disability retirement annuitant that he or she earned over the 80% limit of what the former federal employee's former job currently pays; and a host of other issues. My specialty is in obtaining disability retirement benefits for my clients; I only selectively get involved in post-disability annuity issues, but the point here is that the Office of Personnel Management has a track-record of being in error, in multiple ways, on multiple issues, in volumes of cases. It is thus important to recognize that the Office of Personnel Management is not an infallible agency. Far, far from it, they are merely made up of people who are subject to error, but often stubbornly so -- unless you counter their denial in an aggressive, but calm and rational manner. If a denial comes your way, do not get distressed; prepare your case well, and lay out the groundwork necessary to win.

Sincerely, Robert R. McGill, Esquire

Construction Accidents in New York City

nospam@example.com (Martin W. Edelman) — Thu, 19 Nov 2009 14:55:22 -0500

Construction accidents are one of the leading causes of job-related deaths for workers in the United States. Accidents do happen, and in construction their likelihood has increased over the years. Therefore, it is imperative for you to have the best construction injury attorney in New York City.

According to the US Department of Labor Bureau of Labor Statistics:

Construction accidents and injuries have increased more than 40 percent compared to 2008
Ten percent of all construction workers sustain a work-related injury
In 2006, 5,703 fatal work injuries were reported in the U.S.
Construction accidents made up 1,226 of these fatal work injuries

Types of construction accidents

Construction accident attorneys in New York City can help with accidents resulting from the following types of injuries and hazards:

Exposure to noise, chemicals, and dust
Falls from scaffolds
Power tools and other equipment
Electrocution
Defective or unsafe equipment
Falling debris, beams, and construction materials

You should seek out an experienced lawyer in construction contract law in New York City to ensure that your rights are given the highest priority.

Current construction accident headlines

Each year in New York City alone there are hundreds of construction related accidents that end in injury or even death. The majority of accidents that make the media headlines are the result of failing scaffolds and cranes, as well as falling beams and debris.
Here are of some of the most recent construction-related accidents in New York City:

August 2009, Queens, NY–A crane operator on the Throgs Neck Bridge was killed when the beam of the crane fell off, killing the operator.
August 2009, Queens, NY–Queens Construction road workers were repaving Rockaway Boulevard when a speeding car crashed into the construction site and into workers.
August 2009, Brooklyn, NY–A construction worker fell to his death when scaffolding malfunctioned.
February 2009, Staten Island, NY–A wall collapsed, killing a construction worker.
March 2008, Manhattan, NY–Two cranes collapsed, killing 8 people and injuring 25 others.

A construction law firm in New York City would be able to counsel and advise the families of the above victims as to their rights under New York City law concerning construction accidents.

Continue reading "Construction Accidents in New York City"

New York's Scaffold Law

nospam@example.com (Martin W. Edelman) — Fri, 07 Aug 2009 11:20:39 -0400

What is the Scaffold Law in New York?

The New York Scaffold Law is under Labor Law section 240. This statute imposes strict liability on general contractors and building owners when workers are injured as the result of a fall from a height. It requires them to provide workers with proper safety equipment and a safe worksite. If a construction worker is injured because the owner or general contractor failed to provide for their safety, then the owner or contractor can be held fully liable. New York Scaffold Law applies only to work at elevated heights and does not apply to the owners of one or two family dwellings. This does not mean that the owners of the single family dwellings are exempt from liability. They might be responsible for any injuries from a tort or negligence standard instead of the statute’s “strict liability.”

Strict liability often applies when people engage in inherently hazardous activities, such as construction work. In essence, this means that no matter how careful the general contractor or building owner is, they are liable for the injury. Strict liability in New York construction contract law discourages reckless behavior by forcing owners and contractors to take every possible safety precaution. By making building owners and general contractors responsible for worksite safety, the Scaffold Law ensures that owners and general contractors pay attention to safety issues.

In the unfortunate event a construction injury occurs, some of the damages that a construction worker can sue for include loss of earnings, medical expenses, rehabilitative expenses, compensation for the pain inflicted, and compensation for permanent disability. There may be compensation for the level of impairment of a spouse or a parent and for permanent suffering such as a disfigurement.

To better know your rights and remedies in a construction site injury, please call toll free one of our construction accident attorneys in New York City at Edelman & Edelman, P.C. at 1-866-925-9195 and speak to a lawyer about your accident.

Continue reading "New York's Scaffold Law"

"But I Didn't Plagiarize!": When You Are Charged With Academic Dishonesty

nospam@example.com (Matthew David Keenan) — Thu, 19 Nov 2009 13:43:00 -0500

There are few student vices that a college or university professor detests more than plagiarism. Plagiarism can be loosely defined as passing off someone else’s work as your own without proper attribution. The work may be that of another student or an author off the web. Some schools even prohibit using your own work that you may have completed for another course without the current instructor’s consent. Some schools consider paraphrasing a form of plagiarism.

To catch students who plagiarize, teachers can submit student papers to websites such as www.plagiarism.com to find sentence by sentence matches from the internet.

Once a student is caught, the penalties may be severe. You may be failed from the class or suspended. Some schools have a zero tolerance policy that could lead to expulsion.

What can you do? If you are charged with plagiarism, there is still hope. An experienced attorney can help you determine the best avenue for a defense on procedural or substantive grounds. Did the school follow its own student policy manual procedures when charging you with the offense? The policy manual is like a contract between you and the school, and the school is largely bound by it.

Is it clear that what you submitted actually constituted plagiarism? The definition of plagiarism can be a slippery slope. At what point does a paraphrase become an unauthorized use of someone else’s work? If you use one sentence off the web, but cite the source elsewhere in the paper, have you plagiarized?

Even if you admit you lifted the majority of your paper off the web, you may still qualify for a less severe penalty. Perhaps you are generally of good character, but were under exceptional stress. Perhaps expulsion is too extreme for a minor degree of plagiarism.

If you are charged with plagiarism or academic dishonesty, consult an attorney who practices school law right away. It is important to act quickly to preserve your rights. By attempting to explain yourself to the school, you may inadvertently cut yourself off from a valid defense by digging yourself into a hole. If you have questions about your situation, feel free to contact me at 847-568-0160 or email me at matt@mattkeenanlaw.com for advice

Continue reading ""But I Didn't Plagiarize!": When You Are Charged With Academic Dishonesty"

Personal Injury Statistics in Chicago

nospam@example.com (Glenn C. Ronaldson) — Thu, 19 Nov 2009 12:57:36 -0500

The city of the big shoulders is also a city with big motor vehicle accident numbers. Whether those accidents are translated into property damage, injuries, lost wages, divorces, medical bills, foreclosures, therapy and rehabilitation charges, re-education tuition, unemployment benefits, stress and emotional trauma, or lost lives, the costs are big.

If you consider these statistics, you may drive a little more carefully the next time you hit Chicago’s streets. Instead of figuring out how far you can exceed the speed limit without getting caught, maybe you will give some thought to how you would feel if you were the driver who ran over one of the three pedestrians killed in 2007. Instead of drunkenly insisting on your American right to drive, intoxicated or not, maybe you’ll hand your keys to a friend. Instead of luxuriating as king of the road, maybe you’ll give that tractor trailer –or that bicycle-- a little more space. Instead of yelling at the little old lady blocking the lane ahead of you, maybe you’ll watch her carefully and be ready to drive defensively.

According the Illinois Department of Transportation’s Division of Traffic Safety Statistics, in 2007 in greater Chicago, there were 120,892 motor vehicle crashes involving, predictably, almost twice as many vehicles (240,397).

Drivers in 103,090 of these 2007 accidents reported property damage to the Illinois DOT, But that, of course is not where the real cost lies.

The Division of Traffic Safety says that 17,638 accidents involved injury. The total number of ground transportation injuries in Chicago in 2007 was 24,612; nearly 3000 were extremely serious.

Sooner or later, someone will try to tote up the expense of negligent, inattentive, careless driving in Chicago in 2007. But no one can ever calculate the cost of lives lost needlessly.

Crashes described as “fatal” numbered 164 in Chicago in 2007. There were 191 human lives lost in those crashes.

2007 statistics reflect Chicago’s ever-growing population: Most accidents—a whopping 162,664 of them -- involved passenger vehicles. By far, most accidents occurred on city streets (65,751) or unmarked urban highways (32,457). Wrecks can occur anytime, anyplace. Weather and road conditions contribute sometimes. Impaired drivers face a well-known risk. They were responsible for 1,804 Chicago crashes in 2007. But congestion and distracted drivers are by far the most frequent contributing factors. Most crashes occur on city streets, during morning and evening rush hours, spread evenly across the week. There are slightly more accidents on Friday and Saturday than any other day.

Most Chicago motor vehicle accidents in 2007 involved people between 25-29 years (10,348 female; 14, 535 male). The US Center for Disease Control counts automobile accidents as the primary cause of accidental death among young men. Chicago accident statistics follow that trend: Most fatal accidents involved men ages 22 through 39.

By the time the Illinois DOT was able to compile and release these statistics, they were already stale. They may be very old indeed by the time you read them. However, the numbers are not likely to change much. It’s likely that Chicago will continue to grow, more people will mean more cars, more cars will mean more accidents. And even if they did, how many wrecks are a “good” number? Are there a number of injuries so low we can say they don’t matter? Is even one death because of a motor vehicle accident acceptable?

The Chicago personal injury attorneys of Ronaldson & Kuchler have handled many Chicago injury cases successfully. If you are looking for an injury settlement in Chicago the experienced lawyers can help you obtain maximum compensation for your physical and financial losses. The Law Office of Ronaldson & Kuchler can advocate your Chicago auto accident, Chicago car accident or any type of accident litigation case. For a free consultation call at 866-425-2600 or submit the web form.

Continue reading "Personal Injury Statistics in Chicago"

New court case suggests a failure to attend an examination may result in a loss of medical benefits

nospam@example.com (James R. Flandreau) — Thu, 19 Nov 2009 11:06:15 -0500

A November 19, 2009 decision of the Pennsylvania Commonwealth Court decision suggests that if an injured worker fails to attend a medical examination scheduled by the employer that has been ordered by a workers' compensation judge, the judge may subsequently suspend medical benefits (payment for medical treatment) in addition to wage loss benefits (the weekly checks received by the injured worker).

Traditionally, if an employee has failed to attend a medical exam scheduled with the employer’s doctor, unless there is a good reason for the non-attendance, the employer has been able to get an order from a workers’ compensation judge requiring the employee to attend a rescheduled exam. Under § 314 of the Pennsylvania Workers’ Compensation Act, if the employee subsequently fails to attend the rescheduled exam, the judge may enter an order suspending “compensation” until the employee actually attends an exam.

In Giant Eagle, Inc. v. W.C.A.B. (Givner), the judge entered an order mandating the examination. However, the injured worker subsequently failed to attend the rescheduled exam. The employer asked that the judge enter an order stopping both wage loss benefits and medical benefits. When the judge refused to allow the employer to stop paying for medical benefits, the employer appealed. The Workers’ Compensation Appeal Board found that “compensation” does not include medical benefits, and that the judge thus could not suspend medical benefits.

Although the Commonwealth Court sustained the judge's original decision, it held that a judge has the authority to suspend both wage loss and medical benefits when the judge deems it to be appropriate – for example, “where a Claimant has already had his wage loss benefits suspended and persists in continued violation of the Act.” Given the position of some employers that they are entitled to an order requiring that an injured worker attend an examination with their doctor even though the employee has not missed an exam, the Giant Eagle decision significantly raises the stakes in cases involving this type of petition. It is thus critical that the injured worker attend scheduled examinations, or that the reason for a failure to attend be reasonable and well documented.

If you have questions regarding Pennsylvania workers' compensation or the Giant Eagle decision, please contact James R. Flandreau at 610-565-4750, or by Email

More information about both Mr. Flandreau and recent case law can be found at his website:www.jrflawyer.com

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Be Wary of Debt Consolidation Agencies

nospam@example.com (Michael L. Detzky) — Thu, 19 Nov 2009 10:46:48 -0500

Recently I've met with several clients who have attempted to resolve their financial problems through a debt consolidation agency they learned about on the radio, television or in a newspaper ad. Often after spending several thousand dollars with these firms, they find that they are still hopelessly in debt and that the agency was not able to deliver on their promises. Many were shocked to learn that they now owed money to the IRS on the difference between what they originally owed to their creditors and what the debt consolidation agency was able to reduce. The moral of the story is clear. If you choose to work with a debt consolidation agency rather than file a bankruptcy petition make sure that you choose only a firm which is reputable and licensed. Before sigining any contracts or other agreements check with the County or State Consumer Affairs Department and Better Business Bureau in the area where the firm is located. See if any complaints have been filed against the agency you are considering. It would also be an excellent idea to speak with an experienced bankruptcy attorney BEFORE you make any decisions. You'll learn that debt consolidation may not be a better alternative than bankruptcy. For example, while even the best debt consolidation agency cannot eliminate 100% of your unsecured debt, bankruptcy routinely does. While debt forgiven in a debt consolidation is considered to be taxable income by the Internal Revenue Service, it is not in a bankruptcy and while debt consolidator's are largely unregulated, ALL bankruptcy attorneys are licensed by your State and subject to the regulations and discipline of the Court. In the end, it's your choice. Choose wisely!

MIchael L. Detzky, Esq.

45 Court Street

Freehold, NJ 07728-1709

(732) 780-3090

www.detzkylaw.com

New Jersey Sex Crimes and Social Media

nospam@example.com (Carl J. Herman) — Thu, 19 Nov 2009 10:26:04 -0500

Craigslist has been a cultural phenomenon since it came online a few years ago. Everything and anything can be posted on the site and most ads are totally free. Newspaper classified ads have seen a rapid decline in revenue. As a site that has truly re-shaped society, it offers products and services of all kinds, including ads for prostitution and other illegal sex crimes. In New Jersey and other states, these ads are a big “no-no” and have come under the scrutiny of law enforcement.

What types of ads are we referring to? Everything from "sensual females catering to all your needs" to "hot ladies willing to do anything for you." What’s the difference between an ad that advertises legal services from one that doesn’t? That’s what law enforcement’s job has been.

A recent news story explained how Craigslist.com is being sued by one Illinois county sheriff for not doing anything about it. They are demanding that the site dismantle its erotic services section and reimburse the sheriffs office for costs paid to officers assigned to review the site for solicitations of prostitution and seeking arrests.

"It’s good and bad, you get a sense of where they are operating out of, but if you shut that down it should reduce the crime, but they will just find another avenue to do their crimes and we have to rout them out," said Rutherford Police Lieutenant Patrick Feliciano.

Craigslist says its "erotic-services" category helps to re-direct all ads for massages, adult web cams, phone sex, adult Web sites and nude housecleaning that users didn’t want to see in other categories. Last year, Craigslist settled with 40 state attorneys general, including New Jersey, to require posters give a phone number and credit card number before posting, so they are no longer anonymous to authorities.

If you use Craigslist and have been wrongly accused of a sex crime, it’s important to get a qualified attorney on your side. Contact us today.

Carl J. Herman - sex crime attorney in new jersey

sexual abuse in new jersey

statutory rape in new jersey

443 Northfield Avenue
West Orange NJ 07052

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Seroquel Lawsuits Sent Back To Home States

nospam@example.com (Brett A. Emison) — Thu, 19 Nov 2009 10:20:04 -0500

Bloomberg News has reported that federal district judge, the honorable Anne Conway, will urge a panel of judges to return all of the Seroquel cases to courts across the United States for trial in their home courts.

Nov. 19 (Bloomberg) -- AstraZeneca Plc may face as many 6,000 trials of lawsuits claiming its antipsychotic drug Seroquel causes diabetes after a judge said she will recommend sending the cases back to their home courts.
U.S. District Judge Anne Conway in Orlando, Florida, who is overseeing pre-trial proceedings in federal Seroquel litigation, said yesterday she’ll urge a panel of judges to return all of the cases to courts across the U.S. for possible trials.
AstraZeneca, the U.K.’s second-largest drugmaker, wanted Conway to send as many as 60 suits back to their home courts for trial as test cases. Lawyers for former users contended they were ready to press forward on their claims that the London- based company downplayed Seroquel’s diabetes risk.

Judge Conway's action was welcomed by the Seroquel users who brought these lawsuits after suffering severe side effects including the following:

weight gain
diabetes
heart attack
tardive sykinesia
hyperglycemia
pancreatitis

The action is expected to move many of these cases forward and "get the litigation moving."

The company faces more than 14,000 suits in U.S. state and federal courts alleging Seroquel caused diabetes in some users. Seroquel, which generated sales of $4.45 billion in 2008, is AstraZeneca’s second-biggest seller after the ulcer treatment Nexium.
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AstraZeneca officials noted in regulatory filings last month that the drugmaker could face the first trials of Seroquel suits in state courts in Delaware and New Jersey in January. The company also disclosed it has spent $623 million in “legal defense costs” for Seroquel litigation so far.

AstraZeneca has been under increasing scrutiny because of the serious and potentially deadly side effects of its popular anti-psychotic drug, Seroquel. In just the past few weeks, there have been a number of negative reports regarding Seroquel:

Like so many other major companies, AstraZeneca's conduct shows that it values stock value more than health, safety and life. Why do these giant corporations get to play by a different set of rules than the rest of us? AstraZeneca appears to have ignored known side effects and essentially poisoned thousands of its own customers. What would happen if an individual -- like you or me -- had done such a thing? Yet Seroquel sits back fat and happy raking in profits off of the suffering of its customers.

It's time to hold companies accountable for putting profits over safety and valuing share price above human life.

Learn how to protect yourself against dangerous drugs at our web site.

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Toyota Sudden Acceleration: Company Ignores Customers in Canada

nospam@example.com (Brett A. Emison) — Thu, 19 Nov 2009 10:16:56 -0500

Canada's TheStar.com has reported that, even though Toyota has sent letters to millions of U.S. customers warning them about floor mat problems resulting in sudden unexpected acceleration, Toyota has completely ignored its Canadian customers.

Toyota began sending letters to millions of U.S. customers three weeks ago warning them about the danger of loose floor mats interfering with accelerator pedals, but the company hasn't yet personally notified thousands of vehicle owners in Canada.
***
But the Automobile Protection Association, which represents motorist interests, said while complaints about the problem are much lower here – even on a per-capita basis – than in the United States, Toyota Canada should still have sent letters like its American counterparts to properly warn all customers.
"They should have done it as a precautionary measure and followed up again later after finding out the cause and resolution," association president George Iny said.
"We're also not convinced that the issue is only one of mats on the listed vehicles. It may be more complicated than that."

Toyota's actions -- or inactions in this case -- says much about its safety philosophy and what it holds most dear, ever increasing profits or customer safety. In the United States, Toyota ignored thousands of sudden acceleration reports for more than five years. In Canada, it is ignoring them still. Even when it finally acknowledged there was a problem in the U.S., Toyota made false and misleading comments to make it seem like the problem was less severe than it actually was. NHTSA finally called out Toyota publicly and Toyota has since issued a retraction.

Toyota's conduct tells me a couple things:
(1) Toyota appears to value money over people's lives.
(2) Toyota ks not likely to fix this problem on its own without facing significant financial and economic consequences for its despicable conduct.

Too many people have been injured or killed because of unintended acceleration while Toyota continues its hand wringing. It's time that Toyota finally fixes this problem.

Until then, all Toyota drivers must be prepared.

You can learn more about the Toyota sudden acceleration defect by reading these previous reports of Toyota's sudden acceleration problem:

Toyota Denied Sudden Acceleration Problem For More Than 5 Years

"Inaccurate and Misleading" Statements On Toyota Sudden Acceleration Problem

Toyota Sudden Acceleration: Case Is Not Closed

Safety Group Responds To Toyota On Sudden Acceleration Defect

Toyota Has More Troubles Than Just Sudden Acceleration

You can learn more about Toyota's dangerous sudden acceleration defect at our auto safety blog or by visiting our web site.

Learn more and become a fan of Langdon & Emison on Facebook.

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Personal Injury Law about Car Accidents

nospam@example.com (Maren Tobler Hanson) — Thu, 19 Nov 2009 09:40:56 -0500

For legal purposes, automobile accidents are classified by the number of vehicles involved. Single vehicle accidents are often the result of driver ignorance or hazardous road conditions. Multi-vehicle auto accidents, on the other hand, are usually the result of poor road conditions and aggressive or inattentive drivers. Regardless of cause, a Mesa, AZ driver who is involved in a car accident should follow certain steps in order to protect his or her legal rights. The first of these steps is to contact a car accident lawyer in Mesa.

What to do if you have been involved in a motor vehicle accident

In addition to contacting a car accident lawyer in Mesa, there are certain steps you should take if you have been involved in a car accident.

Collect names and contact information of all drivers, passengers, vehicle owners, and witnesses involved in the incident
Obtain insurance company names and policy numbers of all drivers involved
Document any injuries and damage to vehicles
Record the names of the responding police officers, as well as of anyone who claimed responsibility for the accident

If you are injured in the accident, or if the vehicular damage exceeds a certain monetary amount, you must file a police report for the incident. Certain states also require a report be filed with the Department of Motor Vehicles. Additionally, you must inform your insurance company about the incident and, if you have been seriously injured, you must be sure to receive regular medical care.

Consult a car accident lawyer in Mesa

If you or a loved one has been involved or injured in a car accident in the Mesa, area, you should contact a car accident lawyer in Mesa, who can assist you with all of these processes

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One Dead in Lincoln, Nebraska Railroad Crossing Accident

nospam@example.com (Brett A. Emison) — Thu, 19 Nov 2009 10:01:34 -0500

NBC affiliate, WOWT has reported that one person was killed when an Amtrak train struck a car at a railroad crossing on the west side of Lincoln, Nebraska.

Police say one person was killed when an Amtrak train struck a car at a crossing on the west side of Lincoln.
Capt. Jim Thoms says the collision occurred at 5:57 a.m. Thursday.
He says the street will be closed for several hours. There was no word yet on the cause or on the identity of the victim.

Our thoughts and prayers go out to the family of the person killed in this tragic collision. This train crash is a tragic reminder of the dangers of railroad crossings.

There have been several tragic railroad crossing crashes in recent months -- many due to defects and problems with the crossings themselves.

There were reports in New Jersey of railroad crossing signal malfunctions that caused warning lights to go off when no train was present. These malfunctions lead to train collisions.

Burlington Northern Santa Fe railroad (BNSF) was fined $4 million for lying to a Minnesota court and attempting to cover up its role in a tragic train crossing crash that killed four people.

Missouri, Illinois and California all part of the top 10 deadliest states for railroad crashes.

You can learn more about how to protect yourself at railroad crossings at by visiting our railroad safety blog or web site.

Learn more and become a fan of Langdon & Emison on Facebook.

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Google's Chief Copyright Counsel William Patry Discusses His New Book, "Moral Panics & the Copyright Wars."

nospam@example.com (Enrico Schaefer) — Thu, 19 Nov 2009 09:36:07 -0500

Google's Chief Copyright Counsel William Patry discusses his new book, Moral Panics & the Copyright Wars. Mr. Patry believes that copyright laws and the debate surrounding copyright has centered on the concept of ownership, rather than the concept of policy. Copyrights are not a innate right, they are given by statute. So what is the proper level of rights to be afforded to to copyright owners balanced against the public interest against monopolization and in favor of innovation? Have copyright owners and the industries supporting them become too aggressive in their approaches to copyright infringement? Listen to the interview below and you might be surprised to learn that there are those who believe that we have provided too much leverage to copyright owners, and extended copyright protection beyond what is in the public and economic interest.
________________________

Traverse Legal Radio

Click Here To Play Show.

With expert: William Patry

Show sponsor: Traverse Legal, Copyright Lawyers

Transcript excerpts below.. (Read entire interview transcript here)

________________________

Enrico Schaefer: Bill, what are the metrics in copyright? Because I know you believe these things can be empirically measured at least to a point, so what should we be measuring and how should we be measuring it?

Bill Patry: Term of copyright is the easiest one to do that way. You would say how long of a term of protection do we need to encourage works to either be created at all or to continue to be created for a particular industry. You know the film industry is one. The question that you would ask is, first of all, do you need copyright at all? We don’t need copyright for emails, for example, even though they are protected. We don’t need copyright for most business documents. We don’t need copyright for a lot of commercially created things, but yet, we have it. And so we have a tendency to give copyright to things that don’t need it, and we certainly give copyright for a far longer period of time than we need. In the Aldred case, which went to the Supreme Court, there’s a brief submitted by a number of Nobel Prize winning economists, who applied economic rigor to this very question, and I certainly encourage all of your listeners to look at that brief so that you can have a concrete example of what I am talking about. To take the debate in that case, which is we have an existing term of copyright of life of the author plus 50 years. We then went to life of the author plus seventy years. We added on an extra twenty years of copyright. So one of the questions should have been...the main question should have been, if we’re giving this extra 20 years of copyright, is that going to lead to the creation of new works? Phrased differently, is there any author on the face of the earth who would have said life of the author, life of my life plus 50 years after I die is not adequate; I’m just not going to create a work. Unless it is my life plus 70 years, I’m not creating that work. Now, I say there is no author on the face of the earth who would have done that. There’s nobody who would have said life plus 50 years after I die is not a long enough term of copyright, it’s gotta be life plus 70.

Bill Patry: Since that’s the case, we never should have passed that because it didn’t lead to the creation of any new works and certainly impeded people’s ability to use works that should have been in the public domain. Now, how would you deal with it empirically? Is there any empirical evidence about how long a copyright needs to exist? Under the 1909 Act, there was. Under the 1909 Act, we had an original term of copyright of 28 years to the date of publication or registration followed by a possible second renewal term of another 28 years, if you did one thing. And that is in the twenty eighth year, you had to give the government $10 and fill out a simple government form. That was it. Most people, when faced with the possibility of getting 28 years of a government monopoly for $10 and filling out a certain piece of paper, would do it. That’s a really good deal. So you would think if copyright is so important, if it’s so important to have a long term of protection, that industries like the book publishing industry, for example, which had people who could do this for a living - they would have copyright registration sections - would have renewed automatically. But it’s not true. Only seven percent of books were renewed. Overall, about ten percent of works were renewed. So that tells you that 28 years of protections was actually quite long enough for 90% of the works that were created. It was quite long enough for 93% of the books that were created. Motion Pictures, on the other hand, had about a 74% renewal rate, which tells you that it was important for those industries.

Enrico Schaefer: Right.

Bill Patry: We have actual data that shows that copyright owners, when they had the choice to get 28 years of copyright protection for $10, 90% of them didn’t do it. And to me, that’s pretty good empirical evidence that 28 years was quite sufficient for 90% of the works.

(Read entire interview transcript here)

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