Should I Hire an Experienced Court Attorney?

Should I hire an experienced court attorney? I say a big YES to this, in all situations.

Whether you are planning to litigate your cases or not, an experienced Court Attorney would be your reasonable advances to get your legal rights protected. The Attorney would be able to determine what will be the best approach for your case and can advise you on the necessary steps to be taken to address your predicaments.

The same fact holds true, even if you decide to settle out of court, as an experienced Court Attorney can help you get the best settlement you deserve.

An astonishing introduction, I must admit.

I devised that extraordinary introduction just to give people an idea, at first glance, about the importance of having a lawyer who is well adept with various courts, whether state, district or appellate courts, in dealing with their varied causes of action. Surely, having one such Lawyer will truly boost their respective cases and can end with what is desired.

The way our judicial system was framed, in each of the states there were constituted various state courts, federal courts and appellate level courts. Each has their own respective jurisdictional boundaries. In Los Angeles, more particularly, we have these set up.

The reason why I am emphasizing this was that, in any of these courts, there are varying rules implemented and not all Lawyers are licensed to appear in any of these courts without having sanctioned for it. Thus, whenever one has a case, be it an employment, business, or torts case, it is somewhat best to have a representative who is vastly familiar with any of these courts, in all matters. Thus, necessitating the services of an experienced Court Attorney.

For all your legal troubles, I advised you to heed the representation of a qualified Court Attorney, as they can help you get your legal worth.

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Simple Advice for a Potential Serious Problem

Rules and regulations, no matter how absurd, have the force and effect of law. Strict compliance is expected upon every one. Otherwise, you will be faced with nasty consequences.

The author of the blog, “Free Government Advice from the EEOC, NLRB and the DOL”, made it a point to inform us of recent developments in the field of employment.

One of these developments includes the updated Compliance Manual section issued by EEOC expanding the meaning of religion in relation to discrimination.

The definition is so comprehensive that, to my mind, it includes anything that a person believes to be religious so long as it is “sincerely held”. The author failed to give his personal view on the matter but for me it is a bit to unfair on the part of the employers. All that an employee should prove is the sincere holding of a religious belief, which is difficult to determine, as it is subjective and dependent on ones state of mind.

Another thing is the guideline memorandum issued by NLRB General Counsel Ron Meissberg where demonstration regarding any employment issue is considered a “protected activity”. The memorandum mentioned three (3) ways on determining such activity.

I concurred with the author’s observation that this would just be the beginning of more immigration cases in the future. The immigrants will not take this sitting down.

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Simple Advice for a Potential Serious Problem

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Vehicle Accidents on Road Intersections

Around 30% of vehicle accidents happen at road intersections, especially those lacking traffic signs and warnings. This fact is obvious enough since these are the areas where all sorts of automobiles attempt to change lanes, make their turns, change their speeds or halt on red light.

These dangerous conditions are even severed by motorists who disobey traffic rules, fail to give way or beat the red light.

Like for example the accident that happened in Laguna Canyon Road, Irvine last July 18 where a woman suffered serious injuries after being struck by a cement truck that ran a red light. For now, such incident is still subjected to further investigations to determine the extent of liability that the unruly driver has to face.

Meanwhile, not all cases of intersection accidents should be blamed to the drivers. In several occasions, vehicle accident victims may also file charges against the government, if they can prove that the authorities have been negligent in constructing and maintaining a safe road.

Design flaws, lack of traffic warnings, insufficient lighting and malfunctioning traffic devices are some of the reasons that may implicate the government from liability over an accident occurrence.

Now, in order to reduce chances of being engaged in an intersection accident, you should follow these safety reminders:

• Do not attempt to beat the red light

• If you are about to make a turn, maneuver your vehicle on the proper lane as early as possible

• Be more attentive on other vehicles near you

• Know your vehicle’s breaking capacity and check your breaks at least one kilometer before the intersection

• Maintain safe distance from other vehicles

• Watch out for pedestrians who might be waiting for their turn to cross the roads

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Complications in Sexual Harassment and Gender Inequality

The article “The Effects of Sexual Harassment Law on Gender Inequality”, posted on July 22, 2008, discusses one of labor and employment’s most prevalent issues, which is sexual harassment.

The article, based on a paper submitted by Daniel Chen and Jasmin Sethi, provide some “potential negative consequences” of the sexual harassment law. According to the article, the enactment of the sexual harassment law may help deter potential acts or violations but in the end, it may have adverse effects on how people view gender equality, more especially in the workplace.

Further, the article suggested that the sexual harassment law could entirely worsen gender inequality because it could be viewed as a tax on the hiring of women, as it would create more problems where discrimination issues may arise.

Whatever complications this law may create, I believe enough laws have been created to address this issue. Employees are guaranteed protection against workplace sexual harassment under both state and federal laws, more specifically Title VII of the Civil Rights Act of 1964.

Under this law, two general categories of sexual harassment may occur:

1. Quid Pro Quo Harassment – When an employee is required to tolerate sexual harassment in order to obtain or keep a job, job benefit, raise, or promotion.

2. Hostile Work Environment Harassment – When harassment at work unreasonably interferes with or alters the employee's work performance, or creates a hostile, abusive or offensive work environment.

To bring an action for sexual harassment, the plaintiff must establish that:

• The plaintiff found the conduct to be hostile, abusive or offensive

• A reasonable person in the position of the plaintiff would consider the conduct hostile, abusive or offensive.

The complainant or plaintiff does not necessarily have to be a victim of the harassment in order to file a complaint against workplace sexual harassment.

To file a suit based upon sexual harassment, the complainant must first file a complaint about the conduct with an administrative agency. For a federal complaint, the complaint would first be filed with the Equal Employment Opportunity Commission (EEOC). There are also state and local agencies, to which complaints may be made under state law. These agencies may help you file a case.

Otherwise, you can hire a lawyer familiar with the nature of your case and this will work well to your advantage.

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Who may be Liable in a Plane Crash

Just recently, another plane crash occurred in Moonpark, California, injuring a flight student and a flight instructor. According to reports, the plane has to make an emergency landing due to mechanical problems. However, as the pilot attempted land safely in a Simi Valley field, the plane suddenly crashed. Consequently, the two passengers of the single-engine airplane incurred mild injuries and such vehicle sustained substantial damages.

As this particular incident is still subjected under on-going investigation, let me just point out some possible legal implications of this case. These parties may be held liable for the plane crash:

• The plane manufacturer, if the subject vehicle has been proven to carry assembly defects.

• The maintenance crew, if they have been neglectful in performing their duty of inspecting the airplane’s safeness for travel.

• The flight instructor, if he/she fail to apply the standard procedures in case of such emergency or if he/she has been found incompetent of operating the airplane.

Usually, determining liability in a plane accident involves thorough and intensive procedures. Only experts in the field of aviation can find out exactly what has caused the accident. Yet, after the reason for the crash has been established, the injured victims may rely on the capability of an aviation lawyer to ascertain the probable damages that they can recover.

But then again, if the aviation experts fail to discover the reason behind the crash, a competent personal injury lawyer may still seek other means to have their clients recover compensations for their injuries and damages incurred. The victims may result in filing their insurance claims depending on the coverage of their policies.

As the law suggests, accident victims should be given rightful compensation by whosoever was found liable for the injuries or death. In the abovementioned case, the two injured individuals must consult their respective aviation accident lawyers for proper legal advice and recommendations.

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Sonoma Bus Accident injures nine

Nine students have been injured in a bus accident that happened very recently on Highway 101 near Asti California in Sonoma County.

Interestingly, the accident happened with no DUI, both drug and alcohol, involve. Add to that is the testimony of some witness that the one driving the vehicle is a model employee, has a perfectly clean driving records and even conducts training camps for his fellow drivers.

The bus was reportedly taking students from the Geyserville, Cloverdale, Ukiah and Calistoga areas to their high schools when it swerved off the road. The driver tried to steer the bus back on course but overcorrected, hence, the unfortunate accident.

What I am interested to know is who should be held liable for the injuries of nine students?

At the outset, it’s pretty hard to tell. The accident is… purely an accident. The driver wasn’t drunk. The driver wasn’t on drugs. The driver has clean record. There was no other vehicle which impacted or about to impact the bus. No nothing.

Now, let me ask, was the driver exercising due care when the accident took place? He has clean records alright but it doesn’t mean he can’t commit error.

Anyway, the investigation is still going on. For discussion purposes however, who else can be held liable following a bus accident such as this?

The following may be held responsible:

• The bus company
• The bus maintenance company
• The local government

The local government may be held liable if it was found out that the roads were so defective so as to cause the bus accident.

The families of the victim must keep track of the development of the investigation. And the moment fault was pinpointed, they must, really must pursue those who are responsible. Under the law, they are entitled to recover the following, among others:

• Medical and hospital expenses
• Rehabilitation
• Pain and suffering
• Punitive damages

To the families of the nine victims of the bus accident, you are not without resort. The law is in your side. You only have to act. And that means now.

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What if no one can be charged in a Motor Vehicle Crash?

A friend of mine once asked me, “If I became a victim of a vehicle crash, would you handle my claim?” Teasing him, I replied, “Of course, if the price is right!”

Kidding aside, more than the money I would gain from winning my clients’ cases, I am more concerned on how these people would rebuild their lives without obtaining justice and sufficient recoveries. This idea always urges me to exert all my efforts in every lawsuit that I handle in order to ensure positive results and rightful compensation for my clients.

In California, where I practice my profession, Motor vehicle crashes are just of common occurrence. These incidents do not necessarily mean that it involves two or more moving vehicles. Just like what had happened last Monday, July 08, where another person died in an accident along 210 Freeway, wherein the victim’s car suddenly wedged under a truck.

I am still unfamiliar about the facts of the incident. However, as I view it, the family of victim may have a hard time in recovering damages especially if the departed was not insured and the driver of the semi-trailer had parked properly, situating an early warning sign along the freeway.

Like in any other vehicular accident claims, the victims must be able to prove that there are other parties at fault in the incident. Further, they must establish that the defendant’s negligence or careless action has been the proximate cause of their injuries.

Yet, I suggest that the family of the Freeway motor vehicle crash victim consult a legal professional to have a thorough evaluation of their case. Somehow, an experienced lawyer can help them find other ways to obtain recoveries. I just hope that the death of the victim would be given justice.

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Maryland Personal Injury Discovery: Insured's Statements to Insurer

I noticed that defense counsel is fond of issuing a subpoena to my client's PIP carrier to get the PIP application. As such at my office we exercise proper caution in drafting the responses contained in the PIP application. So the question arises; does the blade cut both ways. I mean if the defnedant can get my client's PIP application, why can't I get the defendant's statements to his insurance company. The answer is maybe you can get the statements. The Maryland court has considered the issue in Cutchin v State of Maryland 143 Md App 81 (2002). In this case the court determined the statements in this matter were not prividged and were subject to discovery. However, as dicta the Court articulated a two factor test to determine if the defendant's communications to his insurer are coverd as prividged communications between attorney and client. The two facts are (1) whether the communication was predominately related to the insured's defense and (2) did the defendant have a reasonable expectation that his communications were confidential. I suggest it is a reasonable discovery question to ask for any and all statements made by the defendant to any and all persons including but not limited to his insurer.

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A reflection on Pedestrian Accident report (Part 2)

Part one of my blog, I was commenting more on the unconventional actions of the cyclists group in their drive to awaken us or to increase our awareness in cycling issues.

Along with the revolutionary call of the cyclists, the news reference I took had also related the recent sampling of the National Highway Traffic Safety Administration in reference to pedestrian deaths across the United States between 1997 and 2006. This issue now will be the one I seek to ventilate in this blog, a mere continuation of the previous.

Just recently, Federal officials issued a report on pedestrian deaths across the United States between 1997 and 2006. This report was reflected on the sampling of the National Highway Traffic Safety Administration. The information reflected the following:

• Pedestrians had only a slightly higher chance of dying in a car crash than people in a vehicle had
• Male pedestrians are more likely to be killed than female pedestrians
• 20 % of pedestrian deaths were the result of hit-and-run crashes
• The highest percentage of pedestrian fatalities occurred between 6 and 9 p.m., followed by 9 p.m.
• Autumn months had the highest number of deaths
• Both the rate and total number of pedestrian deaths have been dropping over the last decade

What do these samples tell us? To this I say, that there is nothing new and novel to what the samples have reflected. I cannot discount the information doled out by the survey nor its import, but I can fairly say that Pedestrian Accidents have indeed not been lessened considerably, but maybe only slightly.

Pedestrian accidents are expectedly hard to prevent, even how large a precautionary measure is taken by authorities. Accidents indeed do happen, at a glance.

One thing important and a must know for everyone, that along with the changes of times and the upgrades of our safety provisions, people should be not left out in knowing their constitutive legal rights especially so when they can be potentially involved in sullen accidents, whether as a motorists, or as pedestrian and alike.

With the decrease of both the rate and total number of pedestrian deaths over the last decade, I just hope that it does not mean also the decrease in awareness of people in matters of law.

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Social networking for lawyers: It’s about time

Since the birth of the internet and the World Wide Web, a.k.a www in the ‘80s and the ‘90s, respectively, the present proliferation of the so-called social networking sites like Friendster and MySpace is hardly surprising.

What could be surprising is when you bump into someone who (1) doesn’t have an “account”, or worst (2) haven’t heard about them yet.

The seemingly phenomenal and increasing popularity of social networking sites has reach the hordes of professionals, not only in United States but the whole wide world.

One particular group of professionals who are currently listing more and more IT experts in their payroll are lawyers. The legal world has finally realized that it has to keep up with what’s in and what’s hot to widen its horizon and expand its reach.

Lawyers are beginning to enlist in professionals social networking sites. There are several devoted to professionals or at least gets flooded by professionals. Because as they say, birds of the same feather are of the same specie – err, flock together.

There are some who voiced out disavowal to this modern practice. Either because they failed to see its value or for the simple reason that they don’t know the How To’s, yet.

The logic actually is very simple. Lawyers are people. People are social beings. Therefore, as social beings lawyers need to socialize. What do you think why lawyers flock golf courses? Or the bars?

One can only surmise that the increasing numbers of lawyer professionals who sign in to this and that site, or even making their own web sites, get positive results.

It’s only like distributing business cards a thousands times. 24/7. In 7 continents. That is, as long as there is an internet connection.

For those who have been living in caves since the ‘90s, you might want to give Facebook, LinkedIn, Plaxo – among others – a needed try.

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Perilous campaign on ventilating biking issues (Part 1)

“Two death-defying transit stunts: biking on freeways and walking across the street”, the title of the news article reported by latimes.com, dated July 22, 2008, written by Steve Hymon, related the campaign of a group of cyclists, coined as Crimanimalz, in their drive to raise awareness of cycling issues including provisions of more bike lanes and bike routes.

The author interviewed three of the members of the group, namely Alex Cantarero, Paul Bringetto, third rider who would identify himself only as Rich. During the course of the interview, the drivers related their adventures as they raised their campaign. Their drive is somewhat revolutionary in a sense, because they went for a two death defying transit stunts last spring that included short stretches on the Santa Monica and 405 freeways, done during rush hour weaving in and out of traffic.

In their desire to raise awareness on their likes, these Romeos take no concern over their safety and what may be the legal consequences of their wager. As they said, they were comfortable with any legal consequences they might suffer just to advance their cause.

They lamented the unfair treatment that bikers get from the authorities, especially the Police where they did not do enough to protect cyclists.

Taking the concerns of the cyclist or bikers, I was astounded in the way they show or express their desire to raise their issues. They are ready to defy the seemingly stringent law on the road just to air their side. A hopeless move, some may say, as they can put their lives in perilous condition in doing such actions.

I can understand the concerns of this sector of road users. But I cannot grasp the idea on taking off-legal moves in pursuit of their drive for spreading awareness of cycling issues. Their acts were dangerous and beyond legal.

With these, the government should take this issue for consideration, and take steps to answer and solve the dilemma of the considerable number of bikers and cyclists.

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San Antonio Lawyers and Attorneys

What factors should a potential client consider before hiring an attorney? Are all attorneys created equal? Are they personable and approachable? We hope that with this information, we will answer most, if not all of the questions that you may have as a consumer, before hiring an attorney. This information is use as instructional and may not be considered as legal advise or in any way as to forming attorney client communications or privity.

First, is good to know that not all lawyers handle all matters. There are some lawyers who will consider themselves as general practitioners, but for the most parts, they are not experts on any particular area. On the other hand, there are attorneys who will only handle particular matters. For example, personal injury, family law, business law, criminal law. Answer this question: are you filing a civil lawsuit or have a criminal matter? What size settlement are you seeking? Lawyers who handle divorce cases may have helped someone you know, but be at a total loss as to how to help you arrange for an adoption. Figure out the reasons why you need an attorney and what you wish to accomplish before picking up the phone and calling the lawyer or law firm.

Second, most attorneys will provide a free initial consultation either over the phone or in person to learn more about the reasons you are needing the help of an attorney as well as to learn your goals in securing an attorney’s services. Consider the consultation as a time for you to learn if you feel comfortable with the personality of an individual attorney as well as to ask about fees, terms of payment, as well as possibilities for out-of-court settlement.

Thirdly, respectable law firms have internet, blogg and other form of information about themselves and their services. Please visit their website in order to obtain the information that you may be looking for pertaining the particular lawyer or law firm. Also, see if their website shows up on search engines and others.

Finally, the bar association in Texas offers a referral line to provide the names and contact information of attorneys licensed in Texas. Conversely, they will provide at least the names of some attorneys whose area of practice is best suited to your needs. As a practical matter, don’t be fooled into thinking that the best attorneys always have the biggest ads in the yellow pages. Very often the best attorneys have small listings because they have built a successful practice based on their good reputation.

If you are in need of a law firm, lawyer or attorney, please visit our website: http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com/ to evaluate whether we could be a law firm for your needs. We are a General Practice Law Firm, in the San Antonio Metro Area, that handle your case with respect and dignity. Our lawyers have several areas of expertise, and are ready to take care of your legal needs. That is why we say "we care about your legal needs."

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Wrongful death and Wrongful Death Lawyer

Wrongful death lawsuit arises when a person is killed because of negligence, product liability and malice of another person. Intentional violence that causes death can also be covered by wrongful death lawsuit. In this case, the perpetrator can be prosecuted under criminal law. Close family members can sue to recover damages that result from a wrongful death.

The news entitled “Wrongful Death suit Filed against Chicago Police” posted on July 16, 2008, related an incident that caused the death of a 18 year old boy.

Reports said that the victim was shot and killed near a crowded park after he threatened an officer with a large caliber handgun.

Consequently, the administrator of the deceased filed a wrongful death lawsuit against the police. The suit seeks to recover more than $ 50,000 in damages. She claims that there is no justification for the killing because the deceased posed no threat to the police.

Reports also revealed that the victim was the fifth person fatally shot by the Chicago police within a month.

Nowadays, wrongful death cases are rising. A great number of wrongful death claims are filed in our courts.

To those who are planning to file a wrongful death claims I suggest that you seek the assistance of a legal expert. Wrongful death law varies from state to state. Applying the law can be complicated and the best way to protect your right is to hire a wrongful death lawyer who is experienced in your state.

A wrongful death attorney can help you assist in establishing your claim against the defendant. He will tell you if you have still time to file a claim, if you are eligible to file a suit, whether there is enough evidence that the defendant caused the wrongful death, what damages are available and the best way to settle and litigate your claim.

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How Much is the Right Cost in a Wrongful Death Claim

Reading “$29 Million Wrongful Death Award in Kings County Fire”, posted July 9, 2008, one cannot help but be astounded at the amount of compensation received by the decedent’s survivor in this grievous fire accident. The $29 million total settlement was said to be the largest in a wrongful death case verdict in the history of the county.

But how can one really determine a just and fair compensation in a wrongful death claim?

Wrongful death claims arise when victims die in an accident because of negligence or recklessness. In calculating compensation for the wrongful death victims, the court or jury often takes into consideration the following points:

• The gravity of the injury

• The extent of damage

• The status of the offending party

• The effect or repercussion of the accident on the victim and his survivors

According to this account, five people, including a teenage couple and their two-month old and two more other kids, perished in a fatal fire that gutted nine apartments in the county.

In deliberating on the damages award in this wrongful death case, the jury may have considered the factor that the fire accident had caused a tremendous effect on the victim’s family. In this case, the sense of loss is beyond one’s imagination as a whole family totally perished in a single accident. The grief is even more serious as investigations later revealed that the property owners had informed the tenants, six month before the incident that the building is not equipped with smoke or fire detectors.

To be able to pursue claims in a wrongful death case, the following elements are required:

• the death was caused, in whole or part, by the conduct of defendant

• the defendant was negligent, or strictly liable, for victim's death

• there is a surviving spouse, children, beneficiaries or dependents

• monetary damages have resulted from the victim's death.


Pursuing a claim in a wrongful death case may be difficult for grieving survivors hence the services of a lawyer who specializes in this concern is important.

A wrongful death claim lawyer can help you evaluate your case, determine the amount of compensation and represent you during negotiations.

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Another Senseless Wrongful Death due to Pedestrian Accident

Another horrific accident and another senseless wrongful death happened again in Hollywood lately.

The CBS Broadcasting reported the incident in an online news article “Suspect Held On $1M Bail for Hitting Pedestrian”.

The accident claimed the lives of two, a man and a woman. The witnesses said the two are holding hands and crossing the street in ped xing when a vehicle lurched into them, instantly killing them.

It appears that the driver is being pursued by LAPD when they saw his car traveling on the wrong side of the road. He however continued driving erratically, “making unsafe lane changes, speeding and dangerously passing other vehicles” the police said.

The chase continued even after the driver viciously hit and killed the two victims. He eventually stopped and tried to escape by foot but was held by two witnesses until the police arrived and took him.

What an unfortunate accident for the two. It must be too hard for families of the victim to accept their death. Especially of this sort.

The driver was driving under the influence of alcohol said the police. The family of the victims must strongly go after this man. Above other things, he must face hit and run and manslaughter charges.

He must compensate the victims’ family even if it cost him his life. What he had done is unforgivable.

In 2006, car accident fatalities in the United States totaled to 42,642. Out of that number, pedestrian accident kills a staggering number of 4,784 while nearly 70,000 pedestrians are injured.

Statistics show that at least 1 pedestrian gets killed in a traffic accident every 110 minutes, or so.

Like in this case, intoxication of either the driver or the pedestrian was recorded in almost 50% of the traffic accidents that resulted to pedestrian’s death.

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Insurance, Wake Up Call

The insurance industry has once again shaken lately when a certain insurance provider, the Blue Shield of California was sued by the couple Ana Maria and Augustine Simoes along with those affected Angelenos through the L.A. City Attorney, Atty. Rocky Delgadillo, for illegally canceling the health insurance coverage of the couple and hundreds of Californians, Wednesday.

The story was related in the news reported by the LATimes.com, written by Lisa Girion, July 17, 2008, entitled, “Blue Shield sued for allegedly lying about its coverage”.

The evil practice of unilateral rescission of Blue Shield was the root ground of the case, where as alleged in the complaint, Blue Shield has illegally canceled the coverage of more than 850 policyholders including people like the Simoeses since 2002. The suit also accuses Blue Shield of falsely advertising its coverage, alleging that the company often reneges when its members need substantial medical care.

These assertions were of course rebuffed by Blue Shield through its representative Tom Epstein. Epstein defended the cancellation of the Simoes' coverage and called the suit a cheap political stunt that was totally without merit. Blue Shield has said that it cancels policies rarely and that the practice is a legal and necessary tool to combat fraud.

With reference to the couple’s contention, Blue Shield justifies its position of denying payment of the coverage and its cancellation move on the ground that the couple has made some omission on their application. As Epstein said, it believes that it is the responsibility of applicants to tell the truth.

As I view it, this case is something to looked upon, especially that a lot of us or shall we say all of us have our own insurance coverage of any kinds. This case is indeed a wake up call for all of us.

Both sides have made their assertions and denials. They have laid their own theory leaving the courts to decide. However, the ultimate affected sector here are those covered or insured that can suffer the draining costs of their supposed to be covered expenses under their insurance coverage. To them, I express my concern.

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Strike for Wage hike

One of the things that make this country land of the free is our right to freely express our displeasure and contentment, particularly in the workplace.

In a news article entitled “UC Medical Workers Go On Strike Over Wages” reported by cbs2.com, the union representing nearly 8,500 employees of University of California hospitals, dormitories, and other facilities are said all set go on a five-day strike.

The sentiment arise because the worker’s are reportedly paid “poverty-level” wages or as low as $10 an hour. Workers decided to strike after almost a year of negotiation, which didn’t yield positive results.

Wage issues are common throughout the country. Especially now that many people are experiencing hard time. They depend on their wages to tide them over; to shelter, feed and support their family members.

But some employers, even including the government, do little about this. Some workers even have to resort to legal remedies to resolve the problem.

With respect to wage claim and other employment issue, the same would be dealt with by workers with the help of an advocate who specializes in labor and employment law.

The labor’s sector is vital to the nation’s development. And it’s good that people are allowed to exercise one of their fundamental rights guaranteed by our laws.

However, things might get complicated in the process. Their act might do them more harm than good in the end. Albeit the law sanctions such activity, there are still other ways that workers can resort to without having so radical.

I’m not saying they were, but it may end like that.

Or, their acts might pay back in the end. But in the meanwhile, there are professional out there who can help expressing the sentiments of the workers.

For every labor and employment problem that they have, there is a labor and employment laws attorney who can help.

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Strike for Wage hike

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Car Crash Accident after Effects and Realities

"They never had a chance to get home", commented by a certain Belen Martinez, 47, who worked in the same crew as with the SUV driver involved in the car crash accident in Westley, who possibly lost her friend, brother-in-law and nephew in the fatal crash.

The sullen accident was reported by CBS2.com, entitled, “Cars Plunge Into Calif. Canal, Possibly Killing 7”, July 15, 2008.

Tuesday, shortly afternoon around 12:21 pm, a fatal accident happened when a sport utility vehicle carrying farm workers (including Belen Martinez’s loved ones) from an orchard south of Westley, collided with a septic truck, sweeping both vehicles into an irrigation canal where it plunged.

It was believed that there were seven dead people in the crash.

The canal runs about 17 feet deep and 100 feet wide in the area where the crash occurred, said U.S. Bureau of Reclamation spokesman, Pete Lucero, for the which operates the 117-mile canal that funnels water from a Tracy pumping plant to the western San Joaquin Valley. As can be gleaned from the description of the canal, we can discount the possibility of having any survivors.

This event is something familiar as accident of this sort happens every now and then, but it is also something overwhelmingly ruinous especially for the helpless family members who have lost their loved ones.

I can see the future for all this, that is, a constitutive lawsuit will spring eventually where the surviving family members of the victims will settle to file their case against the person responsible for the accident. This is a Car Crash Accident after effects and realities.

This anticipated course of action is ideal and a must wager for the surviving families of the car crash victims, in order for them to be compensated for their loss. This I advise and recommend for them as well as to those who may experience like situation in the days to come.

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The Need for Legal Rehabilitation in your Ankle Injury Sufferings

If you had an accident at work or were involved in a frontal car crash, which damaged your ankle quite severely, it is worth knowing that you have the right to file a claim or lawsuit against the erring person who caused your Ankle Injury. This injury type is covered under the broad mantle of Personal Injury law where the victims can ventilate and go against the party who may have been reckless in its affairs.

Ankle injury , as said by many medical experts is an all too common injury that can happen at anytime and its effects is said to go on resolutely for years unless proper treatment is addressed. More so, severe ankle injuries may have some significant residual disability in any form that can affect the ability to walk which in turn can lead to extensive period of therapy and treatment. Thus, this type of injury is something that should not be neglected, but must given due consideration, especially to those injured through accidents.

I would like to relate the story that happen to Los Angeles Lakers forward Luke Walton, reported by CBS2.com with the heading “Lakers' Walton To Undergo Ankle Surgery”, where Luke is said to undergo surgery to remove bone spurs from his right ankle on Friday. All are hopeful for the ultimate recovery of the player especially his considerable number of supporters.

I can only say that this guy really has to deal with his situation and take the proper medical treatment, religiously I should say, in order for him to go back in the hard court and play his sports. It is highly probable, that his ankle injury can affect much of his career as a player and his physical condition as well. I hope that all will be settled and clear for Walton, hopefully.

Having an Ankle injury is something to be wary about, especially that its after effect can spell a huge difference in our lives. Rehabilitation, both medical and legal, must be considered by those who are injured as caused by any accident.

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Expert Disclosure in Maryland Personal Injury

What, if any, tolerance does the court have regarding expert disclosure as it related to late disclosure not of the actual expert him/herself, but rather their opinions or their reports. In Maryland a typical discovery interrogatory question will ask for the identification of expert witnesses and the basis and substance of their opinions. Additionally, the court's scheduling order will mirror this requirement and often provides a deadline for each party to disclose experts. So what happens when a party either does not fully comply with the discovery request or fails to disclose the expert opinions or provide a report to the other side. Maryland courts have addressed the issues.

Initially it is worth noting in Admiral Mortgage v. Cooper, 357 Md. 533, 545, 745 A.2d 1026 (2000), the Court of Special Appeals noted the appropriate sanction for a discovery or scheduling order violation is largely discretionary with the trial court. The Court qualified a “governing principle” and pointed out “the more draconian sanctions, of dismissing a claim or precluding the evidence necessary to support a claim, are normally reserved for persistent and deliberate violations that actually cause some prejudice, either to a party or to the court.” As such the scheduling order is not meant to function as a statute of limitations, and good faith substantial compliance with the scheduling order is ordinarily sufficient to forestay a case-ending sanction. See also Manzano v. Southern Maryland Hospital, 347 Md. 17, 29, 698 A.2d 531 (1997) (“dismissal of a claim ... is warranted only in cases of egregious misconduct”).

In the case of Kleban v. Eghrari-Sabet 174 Md.App. 60, 920 A.2d 606 Md.App.,2007 the court would not allow the plaintiff’s expert to testify to a particular opinion (ie future lost wages) since the opinion was not identified as a part of the opinions this expert would offer at trial. That makes sense if you fail to outline the opinion the expert is offered for then the expert can not testify to that opinion. Conversely in the matter of Food Lion v. McNeill 393 Md. 715, 904 A.2d 464 the court refused to sanction the non disclosing party when the aggrieved party waited until trial to raise their objection not as to the opinion expressed but rather to the disclosed factual basis for the opinion. The court determined the request for exclusion of the expert’s opinion at trial should have been raised as a discovery motion. In this particular case the non disclosing party identified the expert by name but did not set forth any opinions in response to discovery request. As such the aggrieved party created the harm they complained of by not pursuing the discovery failure.

In the matter of Helman v. Mendelson 138 Md.App. 29, 769 A.2d 1025 Md.App.,2001 the court would not permit expert testimony after multiple delays affecting production of expert opinions and an expert report. In this matter the expert’s report was produced only 2 days prior to a hearing on motion for summary judgment. The court found prejudice to the aggrieved party as the foundation for the decision. Conversely in the matter of Maddox v. Stone 174 Md.App. 489, 921 A.2d 912 Md.App.,2007. Trial court abused its discretion by excluding family's expert on ground that expert’s report was disclosed 34 days after deadline contained in scheduling order, in negligence action brought against electrical contractor by family injured in house fire, where expert’s identity was disclosed before deadline in scheduling order, contractor deposed expert well in advance of trial, another expert for family whose report was disclosed prior to scheduling order's deadline had died, family had not engaged in any willful or contemptuous behavior, and trial court did not consider whether any option other than exclusion was an appropriate response to the lack of strict compliance with the discovery deadlines in the scheduling order. The Court sited no prejudice to the other party. See also Lowery v. Smithsburg Emergency Medical Service 173 Md. App. 662, 920 A.2d 546 Md.App.,2007. Former employee's delay in filing report of expert two and one-half months after close of discovery and 12 days before trial was substantial, in action against former employer for defamation and intentional interference with economic relations, so as to support a finding that exclusion of the report was not an abuse of trial court's discretion; delay in obtaining the expert report did not allow appellees sufficient time to prepare their defense and was therefore prejudicial.

The court has outlined five factors to consider in determining whether to apply sanctions. Please see Lowery v. Smithsburg Emergency Medical Service 173 Md. App. 662, 920 A.2d 546 Md.App., 2007. In the exercise of its discretion when applying sanctions for discovery violations, a trial court must consider these five factors: whether the disclosure violation was technical or substantial, the timing of the ultimate disclosure, the reason, if any, for the violation, the degree of prejudice to the parties respectively offering and opposing the evidence, whether any resulting prejudice might be cured by a postponement and, if so, the overall desirability of a continuance.

You must disclose the expert opinions, (this is mandatory), however not necessarily the factual basis for the opinion (unless requested and compelled in discovery), and an expert report, if any, well in advance of creating prejudice to the other side. If you do not the court has the discretion to exclude your expert testimony if after applying the five factors the court determines there is prejudice to the other side.

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Proactive Boating accidents compensation pursuit

Boating accidents can be held as a rare eventuality that can happen only in episodic or occasional basis. There might be some vestige of truth to this assertion, I surmise, as sea travel is not availed mostly by the general mass.

However, I would like to relate the boat accident that happen sometime mid of this month (Tuesday July 10, 2008) in San Joaquin Delta, where a respectable Manteca Fire Marshal named Marvin Mears had received serious injuries in a ski boat accident. The ski boat collided with a sailboat at midnight on that date.

Following the event, Mears was rushed to the emergency room where he has been treated for his severe injury. However, to date, there is yet no report on Mears' condition following his surgery. All his close friends as well as those concerned can do right now is to wish for his ultimate recovery.

The operator of the ski boat however, named Christopher Baker (a 32-year-old), was later found to have operated the boat under the influence of alcohol and to which he was arrested and pinned with the constitutive charge of DUI and causing serious injury.

With this story to tell, one can say, that though boat accidents are rare, its effects are disastrous and life changing.

Following the event, several public opinion have emerged all dealing with the issues of alcohol use and abuse, to which they relate that the same has played a big part in boating accidents that occur around California. For some, they urged the authorities to wage more measures emphasizing boat safety so that accidents like these can be avoided. To these, I agree.

In the matter of the victim’s injury compensation pursuit, as an Attorney, my only advice for the victims of boat accidents is to be proactive in their compensation pursuit against the negligent and erring operator or owner of the boat transport. They have to give special attention to this hurdle as this can spell their future.

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Motorcycle Accident in Broad Daylight

Although it is just common to hear motorcycle accidents in California, you should not be reluctant to accept that such incidents have been causing great damages and loss of lives every year. Just like what had happened in a motorcycle accident that happened just last month in Riverside County where a 26-year-old man died due to severe injuries.

According to instant Riverside.com news article, the victim was not able to reach the hospital alive after his Honda motorcycle collided with City of Riverside Public Works vehicle. Meanwhile, as the victim’s family still mourns in grief, this particular incident is still subjected to further investigation.

On the other hand, I can’t still figure out why this accident happened early in the morning where the street is free from any defects. I’m just hoping that the on-going investigation would end soon enough so that the victim’s relatives may file their charges against whoever is accountable.

If ever, the liable for party for the incident can be compelled to pay damages enough to compensate the loss of the said family. Aside from the funeral costs, the liable party may have to reimburse the surviving family for the following:

• Damage to property

• Emotional and mental distress

• Loss of future wages

• Loss of association

• Other expenses and losses resulting from the victim’s death

Now, I do suggest that the relatives of the departed hire the assistance of a highly skilled motorcycle accident lawyer for proper guidance and establishment of their lawsuit. A lawyer with a commendable background in handling this particular type of case will give them assurance that justice will prevail and that they will be properly compensated.

Albeit the accident may identify a government employee as the liable party, it is the right of every victim of negligence to acquire suitable damages.

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Another Expensive Lesson on Disability Discrimination

I don’t know if the company has some sort of jinx on it or just couldn’t get their people straight.

Just recently, the US Employment Opportunity Commission charged Wal-Mart with yet another discrimination suit. This time it’s disability discrimination lawsuit.

The Commission said that the retail giant refused to hire a man with cerebral palsy who uses crutches or a wheelchair for mobility. Wal-Mart was then preparing to open a new 24-hour Supercenter and was conducting mass hiring.

The company argued that the disability of the applicant will “pose a safety risk to himself or customers if he worked at the store using a wheelchair or crutches.”

The case cost Wal-Mart another $300,000 to pay the rejected applicant. A rather another expensive lesson to learn by Wal-Mart.

Disability discrimination lawsuit is covered by Title I of the ADA. The law prohibits discrimination of employees or applicants based on their disability. Employers who violate the law can be made to pay the discriminated employee or the rejected applicant.

It isn’t an overstatement to say that discrimination of all sorts is still prevalent in the country today. Having a “colored” presidential candidate didn’t and arguably will not change that fact.

What we need is faithful enforcements of laws on discrimination. If we cannot achieve equality of treatments among and between our citizen by plea and rhetoric – I agree that we use the full extent of the law to achieve it.

Even if it cost ‘em a fortune.

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Another Expensive Lesson on Disability Discrimination

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Maryland Personal Injury Slip and Fall

As in any Maryland personal injury case the plaintiff must provide liability and damages. Liability in the premises liability case or slip and fall as we generically refer to them revolves around notice. The owner of the property must have a reason to know of the danger and then fail to correct the danger or warn the plaintiff of the danger provided the plaintiff could not discover the danger himself with the exercise of ordinary care. Also, depending upon how the plaintiff is categorized the duty owned by the owner changes. For example the duty owed to a social guest is different then the duty owed to a business invitee. I find the most pertinent questions in my interview with a potential client is a slip and fall is what made you fall, how did the danger get there if you know, and how long was it there before you arrived. This last question is generally answered by circumstantial evidence. I once had a slip and fall at a gas station. My client feel on oil left by a prior vehicle. How long was the oil there before she arrived was a major problem. I solved the problem with eye witnesses who testified they saw foot prints in the oil and tire tracks in the oil. Some of the foot print stains actually travelled from the oil spill right to the attendant's window where customers pay. We won the case. The owners will always argue we did not know of the danger. However, if the danger was there for a sufficiently long enough period of time or the owner's own conduct created the danger, then you have some thing to work with in terms of proving liability. Since these are always difficult cases on liability the damages have to be adequate to justify the work the attorney will invest in the case. If you have a slip and fall case and you need to bounce it off an attorney please feel free to call. I am more then happy to review the facts with you and give you my opinion.

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Maryland Personal Injury Slip and Fall

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Fair and Swift Justice – Drowning Injury

We all enjoy camping especially during summer. It is a time to have fun and enjoy the moment together with our family and friends. Most schools always organize camping to develop the skills and character of the student.

However, not all camping events have a successful ending. Some results to tragic incident such as drowning injury due to negligence of some of the organizers.

In a recently reported event, a seven-year-old boy was drowned while on camping. The report relayed that the boy was drowned in the schools swimming pool despite the presence of some lifeguards and considering that, it is a day camp.

When parents allow their child to join a camp they’re expecting that their children will be protected and secured especially in dangerous places like swimming pools. They are hoping that the organizers are exercising extra ordinary diligence in ensuring the safety of their children.

For the considerable number of drowning injury cases I encountered, I commonly observed that camping organizers do not usually observed the required diligence provided by law in this type of event. They escape their supposed liability under the law because most cases like this result to settlement.

I just hope that aside from monetary damages they incurred during settlement, the people behind this activity will also face legal consequences. Maybe because of this, they should be more careful and responsible in their succeeding activities.

The supposed to be an “enjoyable event” results to agony and mourning because of the negligence of its organizers. The law should provide a bigger penalty to this kind of incident especially where children’s are involved.

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Fair and Swift Justice – Drowning Injury

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Statute of Limitations and Notice Requirements in Maryland Injury Cases

In addition to the Statute of Limitations your Maryland personal injury case may also be controlled by a Notice requirement. I have outlined the various limitations periods and notice requirements on my web page. Please feel free to visit. And do be warned it is necessary to consult with an attorney on these very technical issues. If you miss a Limitations or a Notice requirement your case can be forever barred. Meaning you will not be able to collect any money in your case. It is also very important to take note of the proper persons to serve with the suit papers and the notice requirements. Again giving timely notice to the wrong persons can still create a bar to your recovery. If you are not sure of where you stand regarding these issues, please feel free to call my office.

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Insurance companies delaying tactics, who benefits?

Even before the Mckinsey documents were ever discovered by Plaintiff’s attorneys, insurance companies have been attempting to capitalize on the fact that–most personal injury lawyers–depend on the quick settlement of cases, in order to continue doing business. Moreover, client’s impatience sometimes may aggravate the situation. Insurance companies, knowing this facts, are notorious in stalling for time, in order to maximize their shareholder’s profit, and not necessarily their client’s (insured person) liability exposure.

This is particularly true for Personal Injury Protection (PIP) and Un-Insured Motorist claims (UM), or most commonly known as no fault claims. Because of the aforementioned practice by insurance companies, many major insurance companies in the United States could be violating the bath faith dealings with their clients. In essence, the same tactics encompassed on the Mckinsey documents.

The Mckinsey documents turned the insurance industry upside down. They're from a business consultant hired by Allstate to boost profits. The consultant suggested a new business model that critics say is now widely used to shortchange accident victims who file a claim. For instance, Allstate has changed their "good hands" to "boxing gloves" attitude. This is only in relation to paying on claims, not with their presentation to the public at large.

In the past, Insurance companies used to focus on making money by selling more policies. But McKinsey offered a way to boost the bottom line without selling more policies or raising premiums. Resent studies revealed that claims payments in general have been dropping industry-wide. Many insurers say they're not being dishonest, they're reducing fraud, which they say was once widespread. But experts say many insurance companies are feeling the competitive pressure to keep premiums down, and this is one way to do that and still make money. Like they need to make even more money!

In the end, who benefits by the tactics used by insurance companies? Insurance companies. Consumers like you and I are left sometimes to fend for ourselves because let’s face it, if the case is not worth fighting for, who is going to take on the Big Insurance Company?
Do you have a claim against an insurance company? If you do, and you are not represented by a lawyers, please contact The Baez Law Firm, P.C. We care about your legal needs, and we can guide you during this difficult time in your life. Please call us (210) 979-9777 or visit our website: http://www.thebaezlawfirm.com or http://www.sanantoniopersonalinjurytriallawyers.com

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Against All Odds Of Partnership Breach

Partnership is a business undertaking for purposes of dividing profits among partners.

No formal understanding or agreement is required to its existence. However, sound business practice dictates that agreement on at least the basic provisions must be laid down clearly.

Fundamental partnership agreements on allocation of profits or losses, costs, obligation and liabilities of the partners must be addressed.

The foregoing pieces of information are necessary in case of dissolution or breach of partnership responsibilities.

There are various steps in formalizing a partnership agreement, from choosing a name to determining tax liability In the end, you will realize the worth of having to go through such processes than not to have at all.

In business, misunderstandings occur often and if responsibilities and liabilities of the partners were not clearly delineated, there would be chaos.

How many friendships have ended because of failed business partnership? I say, countless.

Oftentimes, small partnership problems may escalate into a big one causing some partners to back out. It is at this stage that agreements embodied in “black and white” can be of great help.

In short, document all matters involving your business from start to finish. If the day comes that you need to justify certain decision, you will want written documentation to support it.

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Construction liability – harsh but it is the law

As far as the construction industry is concerned, the builders or laborers’ safety must be of paramount consideration. Of course, I believe it’s second only to the concern that is the worthiness of the structure they’re building, but equally important nonetheless.

Hence, we can see signage like “Safety First”, “Hard Hat Area” and the likes, in the construction areas. Failure to place them on site would entail negligence on the part of the owner of the construction company. The owner may face not only civil liability but criminal liability as well.

Take the case of what happened in Brooklyn just recently. In a news article published by the Daily News, a building contractor was reported to be facing possible murder charges for a construction accident that killed a worker and injured another when a foundation collapsed. He said he tried to warn his employees because it was raining.

Government authorities fined the contractor in the meanwhile as the investigation is still going on.

I surmised the lesson here is quite simple: when something happened, the law looks whose negligence it is that produced the accident. Once it is determined, the law attaches some form of liability to the person at fault to compensate the unfortunate victim of accident. And just like in the news, it may not have been of the contractor’s direct fault that produced the accident and death of the worker – but that is the law.

Recent decisions of the Court even expanded the contractor’s duty of ensuring the safety of construction premises. The duty now involves both the workers and visitors, i.e. workplace safety in the inside and security from the outside that not everyone gets in, lest that person meets an accident and make the contractor liable for him.

Construction liability, in effect, is now covered by the general law on negligence instead of premise liability, which is more limited in scope. The contractor has extraordinary burden that he can be liable, by virtue of recent jurisprudence, even to a trespasser as long as the accident took place in his premises – so the law says.

Dura lex sed lex. The law may be harsh but it is the law.

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Serious injuries required serious personal injury law firm

We have been telling our clients that insurance companies are obligated to produce financial gain for their stockholders. That means their bottom line—note you—are their priority. Many changes in the insurance industry have lead to minimal recovery from injuries caused by negligence. However, that is not how it should be.

At The Baez Law Firm, P.C. your case is our number one priority. The reason you need to choose The Baez Law Firm, is that we take the time to really listen to you. We’ve helped individuals and the injured, and we have a deep understanding of what you may be facing.

Remember that a team of experienced experts at The Baez Law Firm, P.C. is here to assist you. Using state of the art techniques in damage assessment and computer generated accident reconstruction, The Baez Law Firm is well-known for obtaining substantial rewards in personal injury cases.

Trucking accidents, multiple collisions, brain injury, wrongful death, motorcycle accidents are some of the many fatal injuries and catastrophes that we handle. Isn’t it nice to know that you have chosen to work with a firm that’s experienced in negotiating with insurance companies? The Baez Law Firm does have your best interest at heart, and we’re working for you only.

While we negotiate your case, your injuries will be handled by qualify physicians that will insure your prompt recovery and will work hard to bring you back where you were before your accident or injury.

So, if you have been injured by an accident, or some one's negligence, please contact The Baez Law Firm, P.C. You can call us at (210) 979-9777 or visit us at our websites:
http://www.thebaezlawfirm.com http://www.sanantoniopersonalinjurytriallawyers.com http://www.baezlaw.com to set up a free initial consultation with our lawyers.

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Employment Arbitration: Bad for Employees

Employment arbitration is a way of resolving dispute by and between an employer and employee outside of the court system by hiring someone who acts as the parties’ private judge.

Sadly, employees do not have much choice on arbitration. Upon hiring, employees are made to sign an arbitration agreement or the same may have been contained in their employment handbook.

However, in the case of Davis v. O'Melveny & Myers, 485 F.3d 1066 (9th Cir. 2007), the 9th U.S. Circuit Court of Appeals invalidated an arbitration agreement covering all employees of an international law firm on grounds that it was procedurally and substantively unconscionable under California law.

I say, employment arbitration is bad for employees for these various reasons:


1. The parties pay for the arbitrator.
   
   Financially, an employee is no match for the resources of the employer. Win or lose, the poor employee has to shell out money.
2. Arbitrators may set limitations, which will prevent an employee to prove and win his/her case.
   
   Even if the parties hire a good arbitrator chances are your ability to gather evidence, request documents from the other side, or conduct witness interviews may be restricted.
3. Arbitrators often favor the employer.
   
   Most likely, arbitrators have arbitrated in a previous case involving the same employer and another employee. The arbitrator and employer have already gained familiarity with each other.
4. Arbitrator awards tend to be much smaller than that of a jury.
5. Arbitration is confidential.
   
   This is an advantage on the part of employer. Their dirty laundry will not go public.

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Personal Injury Lawyer in Illinois.

If you are looking for a personal injury lawyer in Illinois the Law Offices of Michael D. Mannis will help you in the field of personal injury, product liability and wrongful death law, suffering from personal injuries and clients that have lost loved ones in incidents throughout Illinois. Whether your case involves a car accident, medical malpractice, premises liability, nursing home negligence, or any other type of personal injury case, they have the experience necessary to maximize your compensation.


98% rate of successful recovery on behalf of clients

$10's of millions recovered for clients
3,000 satisfied Illinois and Chicago-area clients
No obligation, free consultation on your personal injury case

You can call Call for free consultation right now - 1-888-646-9632

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Medical Malpractice: The Irony of a Growing Cause of Death

It is said medical malpractice is now the fifth growing cause of death in the United States. It is quite ironic because you seek medical attention to stay aground, not 6-feet below it.

In any case, like the Mount Everest, it is there. We cannot deny its existence. Especially, four more to go and it would be the major cause of death of our citizens. That would be the biggest irony of all.

Lawyers, generally, battle for medical malpractice victims. But as there are always two sides of a coin, there are also lawyers who represent erring medical professionals. That is not a bad thing as we are all just doing our job.

For the medical professionals, let me just state that nobody have the monopoly of good quality service. When we are charged with a responsibility of doing something in this life, we do it well, don’t we? Now, some blame tort lawyers for the rising medical cost in the country. But who started the cycle? Who started committing wrong so the lawyers came? It can be easily answered. It’s not even a chicken and egg argument. It is clear where this started.

But in fairness to some, accidents can really happen almost everywhere and the operating table is not an exception. It’s just that we have a law. As the famous adage goes: the law may be harsh, but it is the law.

For those who have been a victim of medical malpractice, let me just remind that while it is true that the law is in your side, still there is nothing absolute in this world. Everything has an exception. Your claim cannot be pursued just about anytime you want. It is subject to what is called Statute of Limitation.

For those who are living in California, you have 3 years from the date of the injury, or one year from the date you discovered or would have reasonably discovered the injury, whichever occurs first. If your action is based on a discovered foreign object in your body, prescription does not start to run until you discover or should have discovered the object.

The periods of limitation for medical malpractice apply to minors six years of age and older. Stay healthy!

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Medical Malpractice: The Irony of a Growing Cause of Death

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Some significant California employment laws

Every state and jurisdictions has its own set of laws regulating the employment institution all intended in giving safeguards to the vulnerable sector of the workers.

In California in particular, there are varying laws (state-level) that were constituted addressing the various aspects and issues of employment especially in regulating the affairs between the sector of the labor and capital that is most likely in constant opposition from one another.

California employment law encompasses almost all employment issues and concerns. As early as pre-employment until termination, these laws set in to regulate the affairs of both players in the employment arena.

To name a few of these laws would be worthwhile. Thus:

Employment law in California, in part covers:


• Cal-COBRA, a California health coverage protection that requires employers with 2 to 19 employees to provide their employees (and their dependents) the right to continue health insurance coverage after a qualifying event occurs.
  
• California Fair Employment and Housing Act (FEHA), a California statute and the principal law that prohibits employment discrimination covering employers, labor organizations, employment agencies, apprenticeship programs and any person against any work discrimination based on race, color, religion, national origin, physical or mental disability or condition, sex, status, pregnancy, and other related discriminatory acts.
  
• Employee benefits law covering ERISA, California Laws Regulating Group Health Plans, 401 (k) plans, and other allied laws.
  
• The California Whistleblower Protection Act
  
• California worker’s compensation administered and monitored by the Division of Workers' Compensation (DWC). DWC administers workers' compensation claims, and provides administrative and judicial services to assist in the resolution of disputes that arise in connection with claims for workers' compensation benefits.
  
• Occupational Safety and Health law (Cal/OSHA), which protects workers and the public from safety hazards through its various programs and provides consultative assistance to employers.
  
• Many others
Whenever, you have come to face employment law challenges, you can invoke any of the foregoing laws to which you can ventilate your respective causes. You can seek the aid of an Employment Law Attorney to help you build up the proper case based on your specific predicaments.

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Some significant California employment laws

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