Adviser: Avandia should stay on the market!

    WASHINGTON (AP) -- Government health advisers overwhelmingly recommended Monday that the widely used diabetes drug Avandia should remain on the market, saying evidence of an increased risk of heart attack doesn't merit removal. Although nonbinding, it is a recommendation by a panel to the Food and Drug Administration .

    One of the panel's patient representative stated "We're being asked today to take a very draconian action based on studies that have very significant weaknesses and are inadequate for us to make that kind of decision." This is a diferent view by an earlier 20-3 vote by the panelists which said that available data showed the drug does increase heart risks.

    The company's senior vice president and chief medical officer stated "The number of myocardial infarctions is small, the data are inconsistent and there is no overall evidence rosiglitazone is different from any other oral antidiabetes agents." Previously, the FDA had said information from dozens of studies pointed to an increased risk of heart attack.

    About 1 million Americans with Type 2 diabetes use Avandia to control blood sugar by increasing the body's sensitivity to insulin. That sort of treatment has long been presumed to lessen the heart risks already associated with the disease, which is linked to obesity. News that Avandia might actually increase those risks would represent a "serious limitation" of the drug's benefit, according to the FDA.

    The FDA moved up the date of Monday's meeting after the May publication of a study in The New England Journal of Medicine that generated new concerns about Avandia's safety. The analysis of 42 studies revealed a 43 percent higher risk of heart attack for those taking Avandia compared with people taking other diabetes drugs or no diabetes medication.Separately, the FDA is working to add so-called "black box" warnings to the labels of both Avandia and a second oral diabetes drug, Actos, to caution patients about the increased risk of heart failure associated with the drugs. That risk is separate from those discussed Monday.

    The diabetes epidemic affects more than 18 million Americans. Most have Type 2, where the body makes too little insulin or cannot use what it does produce.Each day, there are 4,100 new cases of diabetes in the United States, and 810 deaths, said Dr. Robert Ratner, vice president of medical affairs at the MedStar Research Institute. Of those deaths, 60 percent are due to heart disease, Ratner told the panel.Congress has pointed to Avandia as evidence of FDA's fumbling of safety problems that emerge long after drugs win agency approval. The House and Senate are at work on legislation to overhaul the FDA.

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Adviser: Avandia should stay on the market!


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Should anyone do their own PI case?

    This article was received from a self-help legal advisor website. Although legal (based on the freedom of information), there are many more potentially dangerous self proclaimed self-helpers out there. This post is intended to make the public aware of the sites and the possible mistakes that could be made if an individual follow their advise.

    The article starts by saying "Personal injury lawsuits, also called torts, arise when one individual harms another individual or his or her property.” [See HALT Consumer Alert: Your Personal Injury Lawsuit] In tv and phone book ads, PI lawyers have long contended that they can get you much more money than if you go it alone, especially against insurance companies. Nonetheless, most of those same law firms then only take cases involving “serious” injuries [meaning serious money], leaving many injured persons to fend for themselves anyway. When they do take you as a client, they virtually always insist that you accept the local “standard” contingency fee, on a take-it-or-leave it basis.

    Notice the antagonism and the generalization of the writer of the article. The article continues in this way "The good news, if you have a personal injury claim, is 1) there are many instances when it is perfectly sensible to handle a PI claim yourself, and there are numerous sources of self-help advice; and 2) if you decide to hire a lawyer, you have the right to negotiate for a fee other than the “standard” fee you will be offered."

    I remember in law school on of the professors indicated to us that "only a fool has himself/herself for a client.." I would love to send this article to the professor. Lawyers need to be aware of this type of misleading information by self proclaimed self-helpers, which by the way, are only out to make a buck.

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Should anyone do their own PI case?


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Can the experience of surgeons determine the outcome of prostate cancer surgery?

    (AP) Released. According to a new study published online in the Journal of the National Cancer Institute, prostate cancer patients treated by highly experienced surgeons are much more likely to be cancer-free five years after surgery than patients treated by surgeons with less experience.

    The difference in outcome among patients who were treated by surgeons with varying degrees of experience is clinically relevant and likely reflects a true relationship between surgical technique and cancer control.Many studies have examined the relationship between surgical experience and patient outcomes. However, it is often unclear whether the findings are related to differences in surgical technique or result from differences in clinical variables or tumor characteristics. In the current study, the researchers adjusted for cancer severity, so that differences among surgeons likely reflect differences in the techniques they use rather than just differences in the patients they see.

    Investigators analyzed the cancer outcomes of 7,765 prostate cancer patients who were treated with radical prostatectomy surgical removal of the prostate by one of 72 surgeons at four major US academic medical centers over a 16-year period. Sophisticated statistical models were used to evaluate the link between the total number of prostatectomies performed by the surgeon prior to each patient's operation and biochemical recurrence of prostate cancer (defined as a rising PSA level of more than 0.4 ng/mL).

    The results showed that the risk of recurrence five years after surgery was 17.9 percent for patients treated by surgeons who had performed 10 operations and 10.7 percent for patients treated by surgeons who had performed 250 operations. This means that patients treated by inexperienced surgeons were nearly 70 percent more likely to have a recurrence of their prostate cancer than those who were treated by surgeons with greater experience. According to the analysis, one out of every 14 patients treated by an inexperienced surgeon will have a recurrence.

    The results were described in terms of a learning curve, which showed a dramatic improvement in cancer control with increasing surgical experience up to 250 prior operations; however, there was no large change in recurrence rates with additional surgical experience.
    The learning curve is steep and did not start to plateau until a surgeon had completed 250 prior operations, surgeons with little experience get significantly poorer results than those who have more.

    Our results provide support for what other studies have implied that good technique is learned and increased volume leads to improved outcomes, focus on cancer outcome, the size of the difference in outcome associated with increasing surgical experience, and the large number of cases required before the learning curve starts to plateau, suggests that more serious attention should be paid to the issue of surgical quality.

    The researchers note that the surgical technique of experienced surgeons may differ from that of surgeons with less experience. They conclude that further research is needed to determine how surgical technique might differ between these groups and to identify the critical aspects of radical prostatectomy that are associated with improved cancer control.

    Although the successful practice of surgery presumes a lifetime of learning, the large number of cases required before the learning curve plateaus suggests the need to expand opportunities for training in surgical technique for surgeons in the early years after residency training.

    When the former 4590i was been changed by the new chapter 74, one can help but wonder, whether if the legislation had this type of data available to them, the outcome and caps on non-economic damages would have been different.

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Can the experience of surgeons determine the outcome of prostate cancer surgery?


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Advanced Personal Injury Course

    Dear Texas Attorneys,

    Just a reminder that the newest CLE on personal injury will be conducted in San Antonio at the Hyatt Resout on August 3, 2007. We hope to see you all there.

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Advanced Personal Injury Course


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Texar Bar Circle

    Dear Texas Attorneys,

    I recently joined a network of attorneys all throughout Texas and is called the Texas Bar Circle. All you have to do is make a profile and soon you will connect with thousand of Texan attorneys just like you. In two days, I met over 15 new friends and colleagues. Give it a try, and you will most likely love the results.

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Texar Bar Circle


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COBRA, Your Partner in Severance Package Negotiation

    Severance package is not mandated by law to be granted to dismissed employees or employees who resign. It is left to the sound discretion and will of both parties, meaning between the employer and the employee.

    Once the employer agrees to the grant of a severance package during the start of the employment, an employee can bargain the benefits that should be included once the package is given.

    One of the things that you, as employee, should bargain for is the assistance of the employer in helping you continue with your health insurance after the end of employment. Usually, the employer provides health insurance that ceases at the time you are severed from work. Thanks to Consolidated Omnibus Budget Reconciliation Act (COBRA), you may continue your current coverage as provided by your then employer.

    With the help of COBRA, you can continue to be covered and provided with qualified health providers, medical, dental, vision and other medical expenses. Your employer could be helpful in this matter. If included in the severance package, your employer can include the necessary paper works and instructions so you can process the continuation of your health plan. Aside from this, your employer could pay the first few months of premium payments for your continued coverage.

    It will do good to you and your family as well. Ultimately, the severance package is governed by laws on ordinary contracts. Hence, any benefits agreed upon by the employer to be provided to you once your employment is terminated are considered as law between you and your employer. Any breach later on is actionable in court.

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COBRA, Your Partner in Severance Package Negotiation


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Sexual Harassment in Schools

    Before, we know little about the nature and effects of sexual harassment. Only few sexual harassment cases are being tried in courts because only few of the victims are brave enough to come forward and file claims. This is not the case anymore.

    People are more aware of their rights now. They are aware that, to stop sexual harassment, victims should come forward and make a stand. The problem with sexual harassment, however, is that it is becoming more common everywhere. Today, even our children are made to suffer and are made victims of sexual harassment.


    What is really distressing, however, is that sexual harassment in schools is now becoming more prevalent. Sexual harassment affects not only students from colleges and universities. These sexual predators also target even our young children, who are in grade schools and high schools.

    Sexual harassment in schools can occur in two forms:
    1. Quid pro quo sexual harassment; and
    2. Hostile environment harassment.

    In quid pro quo sexual harassment, a student is made to believe by the school employee that the student must submit to unwelcome sexual conduct if the student wants to participate in programs or other school activities. Another way of committing quid pro quo sexual harassment is by making it seem that educational decision is affected by whether or not a student succumbs to sexual advances or favors. Example of this would be a teacher asking a student for a date.

    On the other hand, hostile environment sexual harassment is committed when the sexual conduct is severe and pervasive that it affects the student’s ability to participate and benefit from the educational program or activity.

    If you have been a victim of sexual harassment in your school, you can file charge with the Office for Civil Rights. The OCR will help you file action against the school for its failure to protect you against sexual predators.

    OCR makes sure that they resolve your claims and mandate schools to provide a stricter policy against sexual harassment in schools and train school staff to address sexual harassments in schools. (http://www.ed.gov/about/offices/list/ocr/qa-sexharass.html)

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Sexual Harassment in Schools


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Disability Payments under the U.S. Office of Personnel Management

    If you are a federal employee and becomes disabled, you may be entitled to U.S. Office of Personnel Management (OPM) disability benefits. However, to be eligible for the benefit, you must have worked for at least 18 months as a federal employee regardless of your age.

    If you have been awarded with disability benefits, you have a responsibility to get periodic medical exams to keep your disability benefits. The grant of benefit by OPM is conditioned on your not being able to perform your work as a result of your disability. Absent the determination that you are still under a state of disability, the OPM may stop your benefits.

    OPM determines your disability, in granting you disability retirement benefits, based on your medical condition as evidence by your medical records. If you will not fulfill your obligation to provide current medical records upon request, OPM will have no option but to suspend your benefit until you comply.

    Also, in case of disability, aside from the OPM, you can claim benefits from the U.S. Department of Labor, Office of Worker’s Compensation Program (OWCP). However, you cannot claim from OPM and OWCP simultaneously.

    If you are already receiving OPM disability benefits and you claimed benefits under OWCP, OPM will suspend your benefits. Nevertheless, you can ask OPM for disability benefits again if your OWCP benefits stop.

    You may, however, be able to receive support from OPM and OWCP at the same time if the latter only granted you OWCP Scheduled Award and not continuing disability benefits.

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Disability Payments under the U.S. Office of Personnel Management


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Once again New York got attention. But this time it is from Asbestos

    Grand Central station explosion resulted in the death of one person and at least 30 more were seriously injured. This type of injury would have been dealt with but the story took a big turn. A New York based Personal Injury Law Firm Bader, Yakaitis and Nonnenmacher, LLP give more details on their New York personal injury Attorney blog.

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Once again New York got attention. But this time it is from Asbestos


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Who is Entitled to Protection under the Whistle Blowing Laws?

    U.S. laws define a whistle blower as an employee who reports or calls the attention of proper authorities against the illegal acts that have been committed by the employer.

    U.S. laws protect whistle blowers through Federal acts, related statutes and state laws, rules and regulations. The laws protect would-be whistle blowers against possible retaliation of their employers.

    On account of whistle blowing, the employer cannot discharge, demote, suspend, harass or discriminate against the employee. A whistle blowing employee is entitled to sue an employer, who retaliates against his or her righteous action, for damages.

    However, not all employees are protected by whistle blowing laws. To be protected under such laws, an employee must report the alleged illegal activities of the employer to the proper government agency or police authority.

    If the employee whistle blows within the company, the employee is strictly not protected by whistle blowing laws. However, he can still be protected from retaliation under public policy and fair and just dealings with employee.

    However, even if the employee is mistaken in believing that the employer committed an illegal act when, in fact the latter did not, the employee can still be protected from retaliation. So long as the employee honestly believes that the employer is committing a wrongful act, the whistle blowing laws protects the employee.

    Remember, if you are an employee who committed a selfless act of whistle blowing and felt that your employer is retaliating against you because of your actions, you have to file claims against your employer for the violation of whistle blowing laws. If you are based in California, particularly, seek the expert legal assistance of expert employment lawyers in the Mesriani Law Group based in California to help you.

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Who is Entitled to Protection under the Whistle Blowing Laws?


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Proximate Cause in Proving Product Defect Liability

    People always talk about proximate causes in dealing with suits concerning accidents including product liability defect claims. What does proximate cause really means?

    In product liability suit, a plaintiff must prove two things in order to claim damages from defendant. These two elements are:

    1. Proof that the product was defective when it left the hands of defendant; and
    2. Proof that the defective product was the proximate cause of plaintiff’s injuries.

    A defective product is said to be a proximate cause of an injury if the injury was a direct, natural, or probable result of the defect's existence. In the end, the likelihood of plaintiff’s being able to claim damages against defendant rests on the real cause of plaintiff’s injuries.

    If there is no other factor that could cause the injury aside from the defective product then pursuing claims for damages is easy. However, in cases where evidence indicates that the injury could have resulted from a number of causes, the case becomes complicated.

    For instance, if the plaintiff was burned when he or she removed the glass pot from a drip coffee maker to pour a cup of coffee and the pot separated from the handle, a defect in the way the handle was attached to the pot could be one cause. Another cause, however, would be the fact that the plaintiff had previously dropped the pot on the floor and had heated it on the stove top, contrary to the manufacturer's instructions. In this case, proximate cause for proving liability will be harder to prove.

    Similarly, if you are injured after altering a defective product, your alteration of the product may be the proximate cause of your injury and not the actual defect of the product.

    Remember, proximate cause means the real cause of the injury. Figure this out first before you spend a lot of money pursuing your possible claims.

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Proximate Cause in Proving Product Defect Liability


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Hospital Worker Accused of Raping Patients

    Methodist Healthcare is facing a lawsuit, after two women claim they were raped by an employee at a San Antonio hospital.
    Those women were patients at Methodist Specialty and Transplant Center last month. One woman claims a worker at the hospital raped her in a bathroom. The other woman says he also raped her, while she was sleeping in her room.
    The hospital is looking into the accusations.
    "We take all out patients' allegations very seriously," says Jo Ann King of Methodist Healthcare. "Our administrators looked into these allegations and did a thorough investigation and we are fully cooperating with the San Antonio Police Department."
    Hospital officials say they conduct full background checks on all potential employees, but this worker did not have a troubled past.
    According to SAPD, the man named in the lawsuit has not been arrested. He is no longer employed with Methodist Healthcare.

    Source: http://www.woai.com/news/local/story.aspx?content_id=7c46f7b8-6be0-44e2-b0ea-8ab9b4867fa7

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Hospital Worker Accused of Raping Patients


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Toddler's Body Found in Texas Floods

    (AP) - GAINESVILLE, Texas-The body of a 2-year-old girl was found in a tree Tuesday, nearly 3 miles downstream from where her family's mobile home was swept away a day earlier by flooding blamed for six deaths.
    Authorities determined all people had been accounted for after storms poured nearly a foot of rain on parts of North Texas.
    news230();

    Aided by receding water, rescuers and search dogs scoured Pecan Creek and its banks for Makayla Marie Mollenhour. The bodies of her 5-year-old sister, Teresa Leann Arnett, and grandmother, Billie Murel Mollenhour, 60, were recovered from the flood waters on Monday. The girl's mother was the only one rescued after their home was washed into a bridge, Texas Department of Public Safety Trooper Rebecca Uresti said.
    Officials previously said a woman and child were missing, but officers went door-to-door in the area and could not confirm their existence, Uresti said.
    Gov. Rick Perry had sent three helicopters and Texas National Guard troops and equipment to help with the searches.
    At least three other people died in Monday's flooding. A 4-year-old girl was swept away from her mother in the Fort Worth suburb of Haltom City, a 48-year-old woman died in Sherman when her sport utility vehicle flooded, and a 74-year-old man died in Grayson County after driving into high water.
    Perry declared four counties disaster areas because of storm damage, making them eligible for emergency funds. He called the flood a "horrific event" after taking an aerial tour of Gainesville's storm-damaged areas.
    "I'm always impressed with how the people of Texas step up and perform at an admirable level when great tragedy strikes, particularly when nature gives us some very difficult situations," Perry said.
    The National Weather Service said the downpour at times fell at a rate of an inch every 15 minutes.
    In Gainesville, along the Oklahoma state line, waters surged up to 8 feet deep in some places and forced many to their rooftops to be rescued. Flooding damaged about 300 homes and 75 downtown businesses, causing about $28 million in damage, Mayor Glenn Loch said.
    The storm also caused Cooke County to lose 75 percent of its crops, including wheat and corn, said County Judge Bill Freeman. He said no monetary loss estimate was available.
    Some 450 people took refuge in two city shelters Monday, but that number dwindled to 300 by Tuesday and officials decided to leave open only one shelter, Loch said. It will remain open as long as necessary, he said.
    Frances Anderson, who was staying at a shelter with her 6-year-old daughter, said she awoke early Monday morning to ankle-deep water. Just moments later, the water was waist deep, she said.
    "It was so weird. Ah!" she said. "I was just in shock to see that much water."
    Anderson, who rents the house but did not have insurance, said she hopes her landlord will repair it. She said she is not sure where she will live in the meantime but will stay at the shelter as long as it's open.
    "I just can't believe this," she said, hugging her daughter, Jasmine. "I'm sad, but I still have her."

    Source: http://news.findlaw.com/ap/o/632/06-20-2007/648f001eb58f8056.html

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Toddler's Body Found in Texas Floods


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4 Texas Teens Killed When Car Hits Train

    (AP) - BAYTOWN, Texas-Six teenagers in a stolen car slammed into a freight train parked at a railroad crossing early Thursday, killing four of them and leaving another in critical condition, authorities said.
    The impact tore the roof off their Jeep Cherokee as it skidded under a tanker before winding up on the other side of the tracks, said Lt. John Martin, a spokesman for the Harris County Sheriff's Department.
    news230();

    Authorities believe the 15-year-old driver didn't see the train until it was too late. The intersection was dark and didn't have a crossing gate or lights.
    Three 14-year-olds and a 13-year-old, all seated in the back, were killed. The driver and a 15-year-old in the front passenger seat were airlifted to a Houston hospital, where the driver was in critical condition and the other was listed as stable.
    "There were some short skid marks," Martin said. "It would appear the driver noticed the train immediately before impact, but not early enough to stop hitting the train."
    The car was reported stolen shortly before the accident and did not belong to any family members of the passengers, Martin said. At least two of the victims were cousins, he said.
    No identities were immediately released.

    Source: http://news.findlaw.com/ap/o/632/06-14-2007/05700009b6032432.html

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4 Texas Teens Killed When Car Hits Train


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Are passengers entlitled to coverage?

    Thousands of people suffer serious personal injuries every year
    as a result of being the passenger in an automobile accident.
    About 3,200,000 passengers in an automobile each year are injured
    in automobile accidents. Approximately 41,000 fatalities resulted
    from these accidents.

    The important thing to remember is this, if the driver of the vehicle that
    you were riding in is at fault, his or her insurance should provide coverage to pay for you injuries and medical bills. If another vehicle is at fault, the insurance company
    of the driver who caused the accident should provide compensation.

    Adjusters that work for Insurance companies will often try to not pay you what you
    deserve, or will try to not pay you at all for injuries suffered
    as a passenger. The insurance companies may claim that since they
    do not cover you that you are on your own. They may even try to
    fault you in some form or fashion.

    The passengers have always had rights that they
    are frequently unaware of. Adjusters will offer you a
    quick settlement just to get you to sign off and to sign away
    your rights for further compensation. What the insurance
    companies do not tell you is that passengers are entitled to
    additional compensations besides just medical fees.

    Adjusters generally will not let you know that these entitlements are available. This is the insurance companies attempt at saving money. This is where a qualified and competent attorney comes into play. An attorney can help you to get the full compensation that you deserve as the injured passenger in an accident. Insurance companies will fight to keep from giving their own customers what they deserve in an accident and the insurance companies will fight even harder to give someone who is not covered by them what he or she deserves. If you do not have an attorney to represent you in an accident case you will be overwhelmed by paperwork from hospitals, insurance companies, physicians, etc. Having an attorney who knows how insurance companies work is the best move that you can make. An attorney can deal with all the headaches of paperwork and making sure that you receive the full compensation that you deserve. Dealing with all of these difficulties and suffering an injury at the same time is more than many people can handle. If you suffer an accident as a passenger you need a lawyer who is on your side and who will watch out for your best interest. You can be sure that the insurance companies will have attorneys on their side and you will need one too.

    Please call (210) 979-9777 or visit our website http://www.thebaezlawfirm.com

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Are passengers entlitled to coverage?


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Does federal law preempts recovery against an FDA approved medical device?

    The United States Supreme Court will take up on the question. There is a discrepancy on rulings form several circcuits including 3rd, 5th, 6th, and 7th which have held similarly and the 11th circuit reaching an opposite conclusion. Riegel v. Medtronics, Inc., No. 06-179. Certiorari granted June 25, 2007.

    Previous presedent had set forth two requirements for preemption: 1) that the product is subject to device-specific standards, and 2) that a successful lawsuit under state law would impose additional standards upon the device.

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Does federal law preempts recovery against an FDA approved medical device?


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My personal injury lawyer.

    My personal injury lawyer manages all my problems that appeared unexpectedly and disappeared easy and imperceptibly with his help though it were car accident or travel insurance. If you don't have your personal lawyer you should be hurry to find out him in your area then you will get a chance to use your time with more useful, you will see the life is beautiful actually.

    If you want to be free call now.

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My personal injury lawyer.


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Drunk Driving Victims

    Drunk drivers are dangers to the road. They can be hazards to themselves and to others. In California, where there are a lot of bars and night clubs, drunk drivers are a growing problem. Due to the bustling night life, like a moth to a flame, a lot of individuals especially young ones are drawn to the allure of partying all night, sometimes without regard to their own safety.

    Drunk drivers can easily cause serious personal injuries and even wrongful death to other pedestrians or drivers. If you are a victim of a drunk driver, you are entitled to pursue personal injury claims against the negligent person.

    In California, a drunk driver is not only liable for the personal injury caused to another person, he or she is also made criminally liable for driving under the influence of liquor and for driving recklessly which endangers the lives of other people.

    As a victim of a car accident due to a drunk driver, you can claim damages for your personal injuries but not without the help of experienced professional personal injury lawyers.

    In your case, the drunk driver is not your only option in pursuing your claims. Bar or club owners can also be held liable for serving liquor to already intoxicated patrons. As you can see, it is not easy to pursue personal injury claims as a result of car accidents, especially one involving a drunk driver. There are a lot of laws involved relating to theories of liability, as well as matters of evidence and filing deadlines among others that needs to be remembered when it comes to car accident liability claims. You should let your trusted personal injury lawyers to champion your cause.

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Drunk Driving Victims


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Sexual Harassment, A Form Of Discrimination

    Sexual harassment in the workplace is one of the serious problems faced by the employees today. Other than a cause of constant humiliation, it also creates a hostile work environment where victims are forced to work in unbearable conditions.

    Sexual harassment, generally, has three elements. They are:

    1. Acts constituting unwelcome advances, requests for sexual favors and other verbal or physical conduct of a sexual nature;
    2. The sexual advances must also have a bearing on the status or condition of employment of the alleged victim; and
    3. Sexual advances or acts are unwelcome to the victim and the latter made known his or her dislike of the unwelcome acts.

    There are several circumstances that you should know regarding sexual harassment. People think that only opposite sex could be the aggressor and the victim. Below are several facts relating to the commission of sexual harassment that everybody should know in order to be better protected.

    1. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. A woman can sexually harass another woman by uttering lewd remarks designed to humiliate the victim.
    2. The harasser can be the victim's supervisor, an agent of the employer, supervisor in another area, a co-worker, or a non-employee. This is a departure from generally conceived sexual harassment where the harasser is the superior of the person harassed.
    3. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. An example would be if you are a co-worker and you are always subjected to the scenario of somebody sexually harassing a co-worker. It also makes the work environment hostile for you.
    4. Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

    Employer must also be wary of sexual harassment in the workplace. Discrimination, in any form, is the responsibility of the employer. He owes it to his or her workers to make sure that the employment or the workplace is free from hostile environment.

    If you have been sexually harassed, file a complaint with your grievance machinery immediately to make known to the aggressor that the sexual advances are not welcome. It is also an effective mechanism to make the employer known and be made answerable if the sexual harassment in the workplace is tolerated.

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Sexual Harassment, A Form Of Discrimination


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http://charlotte-lifesaboutthejourney.blogspot.com/2007/07/sexual-harassment-form-of.html


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Computing the Value of a Loved One

    A death in the family is unthinkable. However, all of us will pass away in time. It is however, more difficult if our loved one dies untimely because of the negligence and thoughtlessness of another person.

    Wrongful death is when your loved one met an untimely demise due to the same circumstances that brings about personal injuries. Wrongful death can be caused by a car accident, premise liability, product liability, construction liability and medical malpractice among many others.

    You can never bring back the life of your loved one. You cannot also definitely put a value or price tag on the life of your beloved. However, somebody has to pay for the death of your beloved as well as the consequences as a result of his or her untimely death.

    Although the causes resulting to wrongful death are the same with causes which brings about personal injuries, pursuing damages are not the same. There are certain requirements in the laws that place these cases in a separate category.

    The period in pursuing a wrongful death claim is different from other personal injury cases and the damages that need to be compensated are not ordinary. If you have a loved one lost due to a wrongful death the following are some of the claims for damages you are making:

    1. Medical and funeral expenses;
    2. Loss of the victim's anticipated earnings until the time of retirement or natural death;
    3. Loss of benefits caused by the victim's wrongful death;
    4. Pain and suffering experienced by the victim leading to the wrongful death;
    5. Loss of care, protection and companionship to the survivors; and
    6. Mental anguish suffered by the survivors

    As you can see, the elements in pursuing wrongful death are very complex. Lawyers adept in pursuing cases of wrongful death are the ones you need to find in pursuing your suit.

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Computing the Value of a Loved One


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http://charlotte-lifesaboutthejourney.blogspot.com/2007/07/computing-value-of-loved-one.html


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Car insurance is right deal.

    Are you sure you are great driver? May be you are, I'm not going to argue about. But who said that Auto insurance for your best car will you hurt? Quite the contrary, good car insurance can help protect yourself, your family and your car.

    It will help you restore your assets if they're lost or damaged. Besides, with insurance you will be protected in the events of a lawsuit. Have a peace, guy, do what you need.

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Car insurance is right deal.


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http://charlotte-lifesaboutthejourney.blogspot.com/2007/07/car-insurance-is-right-deal.html


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Corporate Fraud Whistle Blowers

    Generally, whistle blowing is a legal term used for an act where an employee reports to the proper authorities the wrongful, illegal or fraudulent acts perpetrated by his or her employer.

    In publicly traded companies, if you are an employee at a brokerage firm or their contractor, subcontractor or agent and you have reason to believe that your employer is committing mail fraud, bank fraud, wire fraud, securities fraud or violating any SEC rules and regulations or federal laws relating to fraud against shareholders, you must inform the proper authorities of these illegal acts at once.

    If you are ever prosecuted, assisted in the prosecution or in any manner help in the proceedings under one of the regulations or laws, your employer cannot discharge or discriminate against you for doing a noble thing.

    If in case you are discharged or discriminated against or retaliated against by your employer in any manner that puts your work in jeopardy, you are entitled to claim damages against your employer. The law prohibits whistle blowers like you from being retaliated against for bringing dishonest employers to justice.

    Some of the retaliatory acts that may be committed against you by your employer for whistle blowing are discharge, demotion, suspension, threats, harassment, failure to hire or rehire, blacklisting and disciplinary action among others.

    If you have been retaliated against for helping prosecute the frauds committed by your employer, you should protect your rights by filing whistle blowing claims against your employer.

    Rest assured that if you whistle blow on the side of the law, the only wind you are blowing are the winds of justice.

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Corporate Fraud Whistle Blowers


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http://charlotte-lifesaboutthejourney.blogspot.com/2007/07/corporate-fraud-whistle-blowers.html


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Liability for Bus Accidents

    Everyday, our roads and highways are witnesses to innumerable car and bus accidents causing serious injuries and claiming lives. Often, these unnecessary accidents are caused by carelessness, negligence or recklessness on the part of the drivers involved in car accidents.

    With bus accidents, the devastation is numerous and unexpected than that of smaller vehicles. With the sheer size of buses roll over accidents, head on collisions and other high speed accidents involving buses always result in catastrophic injuries, property damages and lost lives.

    Most bus drivers, like truck drivers, are tired and weary from whole days of driving through heavy traffic. They are always stressed out and some are sleepy due to extended hours of work as well as body fatigue as a result of the stress sustain by the body during those thousands of miles of road trips daily.

    Whether through bus driver negligence or poor maintenance of buses and equipments, the bus owner or operator is liable for bus accident claims for the injuries you sustained as a result.

    Unfortunately, most of the bus companies would rather spend money defending themselves rather pay for you medical bills outright. They don’t want to admit liability if they can help it because it is bad for their business.

    Before pursuing a case of personal injury on account of being a victim of a bus accident, it is advisable to study the legal implications of it, first.

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Liability for Bus Accidents


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http://charlotte-lifesaboutthejourney.blogspot.com/2007/07/liability-for-bus-accidents.html


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Severance Package: Gratuity or Guilt?

    No law requires employers to offer severance package to employees who are laid off. However, a lot of employers are offering severance package left and right to employees who they are going to forcefully lay off. The question now would be the intent or purpose for granting severance package.

    An employee, at the same time, generally cannot rightfully ask for severance package if one is not offered to him or her by the employer. However, an employee can demand severance package in at least three instances: (1) when the employee is promised one either verbally or impliedly as when it is written in the employee handbook or manual; (2) when it is granted as part of the employment agreement; or (3) where it has been a long standing procedure to give severance package to employees of equal position or circumstance.

    If you have been laid off and you have no right to a severance package but you are offered one, do not accept the severance package outright unless you are aware of the rights that you may be giving up in exchange for the package.

    Usually, severance package includes small sums like a month salary’s worth. Others grant packages to include insurance benefits and other gratuities. There is no standard amount or package unless stipulated.

    In case you were laid off and a severance package is dangled in front of you, ask yourself if you feel that your employer has wronged you in any way.

Post Title

Severance Package: Gratuity or Guilt?


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http://charlotte-lifesaboutthejourney.blogspot.com/2007/07/severance-package-gratuity-or-guilt.html


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