» Law Firm Newswire April

Lakeland, FL (Law Firm Newswire) April 29, 2015 – Among the many factors that go into determining a convicted offender’s sentence is mental capacity. A defendant’s mental incapacity, once proven, may result in delayed sentencing until the individual is deemed better or may result in a reduced sentence under U.S. Sentencing Guidelines. Judges decide each case on its merits, as no two cases are ever the same. Diminished capacity is not applicable as a defense if the defendant’s mental incapacity was the result of voluntary ingestion of drugs or alcohol. State laws tend to vary on this issue. Also it […]


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Tampa, FL (Law Firm Newswire) April 28, 2015 – The National Highway Traffic Safety Administration (NHTSA) has announced new efforts to combat drowsy driving, which it said causes more car accidents than most people realize. Mark Rosekind, the head of the NHTSA, said that the problem of driving while fatigued is not receiving as much attention as those of driving while drunk or distracted. The agency, he promised, will add to its research and public awareness efforts to change that. “Drowsy driving is undeniably the cause of many car accidents that result in serious injury or death,” said Robert Joyce, […]


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Chicago, IL (Law Firm Newswire) April 20, 2015 – Social media is the main method these days for staying in touch with family and friends. However, others may look for names and profiles online – such as potential employers. “The last thing you want a potential employer or current employer to know about you is that your favorite thing to do is drinking yourself blind at parties and posting online pictures of yourself with a lampshade on your head,” advises Chicago employment attorney Timothy Coffey. “While you may never put a lampshade on your head, the point remains the same. […]


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Tampa, FL (Law Firm Newswire) April 17, 2015 – Photographs depict patient as elf who begs for tranquilizers, tries to commit suicide. Following a scandal-plagued 2014 that saw its chief’s resignation, the Department of Veterans Affairs was probably looking forward to a less tumultuous first quarter of the new year. But unflattering news followed the VA into March, when news surfaced of a VA hospital manager’s suspension over a December 18 email. The holiday missive contained photographs of several questionable scenes, including one that depicted a toy Christmas elf as a patient pleading for tranquilizers and another showing the toy […]


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Chicago, IL (Law Firm Newswire) April 16, 2015 – Be alert during a job interview for questions that may be discriminatory. While many seeking jobs today are aware of the possibility of discrimination in the workplace, few expect that job interviews may also be fraught with discriminatory questions. “It violates your civil rights to be judged on anything else other than your ability to do the job,” says Chicago employment attorney, Timothy Coffey. “Any other questions relating to race, age, gender or other prohibited areas, are not allowed – period.” What if an applicant makes it to an interview after […]


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Sacramento, CA (Law Firm Newswire) April 14, 2015 – Though the fact that restaurants are vulnerable to lawsuits for fair labor violations has made some owners unhappy, many recognize that it levels the playing field for all workers, ultimately making the industry more ethical and fair. The Fair Labor Standards Act (FLSA) is the go-to legislation applicable to wages and hours paid in all states. It deals with four specific areas: standards for youth employment, overtime pay, record keeping and the Federal minimum wage, currently $7.25/hour. Most of the investigations launched by the U.S. Department of Labor (USDL) in restaurant […]


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Houston, TX (Law Firm Newswire) April 10, 2015 – The legal case against GTECH Corporation, the operator of the Texas Lottery, entered another phase on April 7 when the plaintiffs, who filed a lawsuit in December 2014, filed a second amended petition accusing the company of fraud. And now the plaintiffs, who were originally a group of 250 lottery players who alleged that GTECH duped them, has now grown to number nearly 1,000 lottery players. The lawsuit, which was filed in state district court in Austin on December 9, accuses GTECH of intentionally programming its lottery computers to treat winning […]


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Fairfax, VA (Law Firm Newswire) April 2, 2015 – A woman from the Richmond area was recently ordered to pay spousal support to her husband, a man who had attacked her with a hammer and who was later convicted of a felony. Her experience prompted a bill in the Virginia House of Delegates that suggested prohibiting courts from awarding alimony to a spouse who has been convicted of domestic violence. But that measure died in a House of Delegates committee on February 10. Del. Christopher Peace, R-Mechanicsville, sponsored House Bill 2105, which died in the House Courts of Justice Committee. […]


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Flint, MI (Law Firm Newswire) April 30, 2014 – All states define driving with a blood alcohol content (BAC) of 0.08 or above as a crime, but beyond that, drunk driving laws vary from state to state. According to Michigan drunk driving attorney Shaun R. Marks, Michigan’s laws are neither the harshest nor the most lenient in the nation. “Make sure you understand the state of Michigan’s laws and penalties for drunk driving,” says Marks, “and, if you are charged with operating a motor vehicle while intoxicated or with a related offense, seek legal counsel immediately.” State laws vary in […]


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White Plains, NY (Law Firm Newswire) April 25, 2014 – As one nears retirement age, a number of important financial planning milestones begin to approach. It can be difficult to keep them all straight, so here is a timeline of what happens when. At age 59 1/2, people can begin to make withdrawals from 401(k)s, traditional IRAs and similar retirement savings accounts, without an additional tax penalty of 10 percent. (Withdrawals are still taxed as income in any case.) Of course, just because one can begin to make withdrawals at this age does not mean one necessarily should. At age […]


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Austin, TX (Law Firm Newswire) April 23, 2014 – Truckers are not always at fault in an accident. Road designs may contribute to collisions. “A recent accident at the Interstate 45 interchange with Loop 610 South was the scene of a fiery explosion that killed a trucker. Police could not determine if the cause was another driver, the trucker speeding or some other factor,” indicates Bobby Lee, an Austin trucking attorney with Lee, Gober & Reyna. “The only thing left when the flames were finally damped out was the skeleton of the truck containing the driver’s remains.” The main reason […]


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Lakeland, FL (Law Firm Newswire) April 22, 2014 – Being arrested for a crime may impact on the ability to get a job. “While you may have been arrested for committing a crime, it does not mean you committed that crime. However, if it generates an arrest record, this may affect your ability to get a job and ruin your reputation with your workers, friends and neighbors. There are options open to you to deal with this record, expungement or sealing. I can explain both and which may best suit your circumstances,” says Thomas Grajek, a Lakeland criminal defense attorney. […]


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Austin, TX (Law Firm Newswire) April 16, 2014 – Most people, when involved in an accident, remain at the scene. Some do not. “Motorcycle and car collisions are usually non-survivable for the biker. They do not have enough protection and usually end up being ejected from their ride. In this particular case, the 46-year-old biker and a white sedan were sharing an exit ramp that split into two lanes,” outlined Bobby Lee of Lee, Gober & Reyna, in Austin, Texas, not involved in this case. The sedan darted across several white lines into the northbound lane, where the biker and […]


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Lakeland, FL (Law Firm Newswire) April 15, 2014 – Online mugshots may suggest to viewers that the person is guilty. This is not necessarily the case. “Everyone who may be charged with a crime in the United States is innocent until proven guilty. There are a number of important statutes that uphold that right. Just because a person has been arrested and photographed and charged, does not automatically mean they are guilty. This is the reason for defense attorneys,” explains Thomas Grajek, a Lakeland criminal defense attorney. Defense attorneys represent the other side of the coin, because it could well […]


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Southfield, MI (Law Firm Newswire) April 11, 2014 – A North Carolina hospital publically admitted it exposed 18 patients to Creutzfeldt-Jakob disease (CJD). “It came as a shock to hear Novant Health Forsyth Medical Center in Winston-Salem, NC admit to exposing 18 people to a rare and usually fatal disease,” indicates Daren Monroe of Litigation Funding, Michigan. “There is a high possibility some or all of those possibly affected may choose to file a lawsuit suggesting there was medical negligence by the hospital, surgeons and doctors.” According to court documents, the hospital facility exposed patients by not properly sterilizing instruments […]


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Sacramento, CA (Law Firm Newswire) April 10, 2014 – Serious sexual, physical, verbal and psychological abuse is revealed in a recent study released by the Special Investigations Division of the House Government Reform Committee. “The findings in this committee’s report are depressing,” indicates respected Sacramento nursing home abuse lawyer Deborah Barron. “It documents that 30 percent of the studied 5,283 nursing homes were sanctioned for close to 9,000 occurrences of abuse between January 1999 to January 2001.” The percentage of nursing facilities cited for violations has increased every year since 1996. The report detailed improper hygiene and sanitation issues, dehydration, […]


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Little Rock, AR (Law Firm Newswire) April 9, 2014 – “It’s no secret that hospital errors have a major impact on patient heath,” remarks Arkansas medical negligence lawyer, Michael Smith. “And, while many hospitals across America today have made efforts to limit the number of errors while treating patients, the number of serious injuries or deaths continues to climb.” Recent figures indicate that more than 440,000 patients die each year. Some medical facilities do a good job of recording their errors and instituting new safety procedures to reduce mistakes. Others seem to miss the boat and continue to make mistakes; […]


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Los Angeles, CA (Law Firm Newswire) April 8, 2014 – The success or failure of a patent appeal often comes down to the persuasiveness of the applicant’s written argument. Further, appeals filed on or after January 23, 2012 are subject to recent rule changes. Los Angeles patent attorney Pejman Yedidsion explains how to draft a persuasive appeal brief that abides by the new rules. “The argument is the most important part of an appeal brief,” Yedidsion says. “The Appellant must convince the appeal board’s judges that the Examiner committed an error in rejecting the claims and explicitly identify the error […]


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Austin, TX (Law Firm Newswire) April 8, 2014 – For those employed on jobsites in Texas, it is vital to understand how workers’ compensation operates. “It’s important for workers to know that the workers’ compensation system in Texas allows employers to offer medical benefits and lost earnings to a worker involved in a jobsite accident,” explains Austin workplace injury lawyer, Brooks Schuelke of Perlmutter & Schuelke, LLP. Some Texas employers maintain insurance that covers the costs of work-related accidents, insurance which limits an employer’s liability if a worker files a lawsuit seeking damages for personal injuries. However, in the Lone […]


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Waxahachie, TX (Law Firm Newswire) April 4, 2014 – In the autumn of 2013, UnitedHealthcare dropped thousands of doctors across the country from its Medicare Advantage plans. At least ten states were affected. Nearly 16 million people are enrolled in Medicare Advantage, and many struggled to make the adjustments needed before the December enrollment deadline. These struggles sparked a national concern: how does Medicare Advantage protect seniors when private insurance companies make changes? Under Medicare Advantage, the federal government reimburses insurance carriers for their care of beneficiaries. UnitedHealthcare is one of the leading providers. When an insurance company makes a […]


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