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Chicago, IL (Law Firm Newswire) October 24, 2014 – The Family and Medical Leave Act (FMLA) is applicable to all state, local and federal government and private employers with at least 50 workers who live within a 75-mile radius. “For employees to be eligible for leave, they must have worked for at least 12 months and 1,250 hours prior to starting leave. Many workers do not know that by law, employers are not required to provide paid sick leave. However, they are in certain situations mandated to permit employees to take up to 12 weeks of unpaid leave,” Timothy Coffey, […]


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Chicago, IL (Law Firm Newswire) September 26, 2014 – Employers in some states may legally refuse to hire a smoker. Some employers will screen job candidates during the hiring process, and some include a nicotine test. At such companies, a positive result will disqualify a candidate. This practice is allowable under federal law. However, if a person is hired, many states forbid employers from firing the worker after a negative drug test or if the worker becomes a smoker while employed. “For the most part, an employer may ban smoking in the workplace. Demanding a smoker step outside to smoke […]


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Little Rock, AR (Law Firm Newswire) August 25, 2014 – The National Highway Traffic Safety Administration (NHTSA) says that car accidents cost the United States $871 billion a year. “Most people think of car accidents in terms of the physical harm done,” remarked Michael Smith, an Arkansas injury lawyer, “but few think of the financial cost beyond their own involvement.” The latest study released by the NHTSA reveals that nationally, cars crashes carry a $277 billion annual price tag in cash. Crashes do approximately $594 billion of societal damage related to loss of life and life-altering crash injuries. The most […]


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Chicago, IL (Law Firm Newswire) August 22, 2014 – Most states hire workers “at-will.” Even though employees may usually be laid off at any time without notice, state and federal laws protect workers in some circumstances. “It is good common sense to understand whether or not you are employed at-will in your state. It affects how any labor disputes may be handled. Illinois is an employment-at-will state,” explained Timothy Coffey, a respected Chicago employment lawyer. State and federal laws protect workers in some circumstances. For instance, if a worker in Illinois has an employment contract, they do not have at-will […]


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Austin, TX (Law Firm Newswire) August 7, 2014 – Despite the thousands of lawsuits against the makers of transvaginal mesh slings, they are still in use. “As more and more women file medical negligence lawsuits against the makers of transvaginal mesh slings, it would seem to make sense that they be taken off the market. Such things are not unheard of when it comes to defective products. However, this does not seem to be the case,” said Bobby Lee, an Austin lawyer litigating transvaginal mesh lawsuits. Consider the Oregon case of one woman who does not want to get out […]


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Sacramento, CA (Law Firm Newswire) July 8, 2014 – This grim story resulted in the father of a man shot by the police, live on Los Angeles television, filing a $20 million wrongful death lawsuit. “The lawsuit states that the victim’s federal and state civil rights were violated when Brian Beaird was shot by police,” explains accomplished Sacramento wrongful death lawyer, Deborah Barron, not involved in the case. “This story with a fatal ending began on December 13, 2013 at 9:30 pm. Beaird, discharged from the National Guard in 1988, was being pursued by officers for allegedly driving in a […]


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Chicago, IL (Law Firm Newswire) July 3, 2014 – When starting new employment, all documentation relating to company policies must be read and understood. Sometimes employee handbooks form the basis of a contract. “Most new hires get a copy of the company handbook on, or prior to, the first day of work. You must read this material even though it might not make sense in the beginning. Knowing and understanding what is contained in the employee handbook is an asset that may pay off later if you have workplace issues pertaining to harassment or discrimination,” says respected Chicago employment attorney, […]


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Austin, TX (Law Firm Newswire) June 24, 2014 – A driverless car with a technological glitch is an accident waiting to happen. “Driverless cars have become even more of a technological goal over the past few years,” says Austin injury lawyer, Brooks Schuelke. “The lightening rod that drew even more people to take up the call for this kind of technology was the death of a young lady by the name of Marina Keegan, a Yale graduate, who died in a car accident five days after she graduated. The driver, her boyfriend, fell asleep at the wheel. Human error cost […]


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Chicago, IL (Law Firm Newswire) June 13, 2014 – Any agreements signed upon employment should be vetted with an employment attorney. Be on the alert for a clause indicating arbitration. Employment agreements may have a provision in them that a worker must submit to arbitration should there be a workplace dispute. If that agreement is signed without speaking to an employment attorney, the signatory is agreeing to resolve any disputes with an employer by means of arbitration. The arbitrator would be a privately hired judge. “Agreeing to arbitration as a dispute resolution mechanism means you have signed away your right […]


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Lakeland, FL (Law Firm Newswire) June 11, 2014 – Deciding what constitutes a reasonable expectation of privacy revolves around two questions. “The ability of the police to search automobiles is not absolute. However, if a court finds that evidence presented in court was taken during an unlawful search, the prosecution is barred from using it,” explains criminal defense attorney, Thomas C. Grajek. A search happens when representatives of the government, such as police officers, invade an area where an individual has a reasonable expectation of privacy. There are two questions involved in the determination of this expectation. Did the individual […]


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Little Rock, AR (Law Firm Newswire) June 9, 2014 – Two years before the woman in this case was diagnosed with advanced breast cancer, doctors failed to accurately deal with a malignant lump in her breast. “I am not involved in this case, but it caught my attention, as I deal with numerous hospital error lawsuits during the course of my practice. The woman in this instance first presented with a lump in her breast that was not accurately diagnosed in 2008. By 2010, she had progressed to Stage 3 cancer, which could kill her. She filed a medical malpractice […]


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Austin, TX (Law Firm Newswire) May 15, 2014 – A 15-year-old was killed in a T-bone crash at an intersection on his birthday. “This is a fairly common accident, and we have seen many T-bone collisions in our office. This particular case, which I am not involved with, happened in Oklahoma, but it could just as well have happened here in Austin,” says Austin wrongful death lawyer, Brooks Schuelke of Perlmutter & Schuelke, LLP. The wrongful death lawsuit filed in this case was launched against the two drivers involved and Mitsubishi Motors, alleging their negligence caused the fatal crash. The […]


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Little Rock, AR (Law Firm Newswire) May 9, 2014 – Emergency medical care can be a minefield for misdiagnosis and hospital errors. “Emergency medical care is often sought in crisis situations. People arriving in the E.R. for care are often swiftly assessed and sorted out according to their symptoms. While triage is effective in most instances, it can also result in medical negligence. You can’t diagnose a heart attack in seven minutes,” points out Michael Smith, an Arkansas hospital error lawyer. Misdiagnosis means missing the symptoms and in doing so, potentially causing harm to a patient needing care. In most […]


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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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Little Rock, AR (Law Firm Newswire) April 2, 2014 – Prior to admitting a relative to a nursing home, always carefully read the admission documentation. “It’s a fact of life that many of us may need to admit a relative to a nursing facility at some point in the future. It’s not an easy decision, and with the negative press nursing care homes receive, it is a frightening prospect to relinquish care to someone who may abuse your loved one,” says Michael Smith, an Arkansas nursing home abuse lawyer. A recent Supreme Court decision in Massachusetts may make a difference […]


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Lakeland, FL (Law Firm Newswire) March 13, 2014 – Domestic violence is more common than most people think. It is the bad side of an intimate relationship gone wrong. “A relatively well known former major league baseball player, Wladimir Balentien, was arrested and charged with misdemeanor battery and felony false imprisonment as a result of a dispute with his about to be ex-wife,” outlines Lakeland criminal defense lawyer, Thomas Grajek, who is not involved in the case. The couple had been married for approximately six years and the 29-year-old Balentien, who once played for the Cincinnati Reds and Seattle Mariners, […]


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Sacramento, CA (Law Firm Newswire) March 10, 2014 – Elders in care deserve respect, dignity and to be cared for in an appropriate manner. That did not happen in this shocking case. “The accused perpetrator in this horrendous case was actually captured on video tape fondling another nurse, while both of them sexually touched a 98-year-old stroke victim, who was unable to move. The nurse and male caregiver were privately hired to work in a San Diego home. No one expected to see the kind of conduct happening on that tape,” states Sacramento elder abuse lawyer Deborah Barron, who is […]


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Florida confab of lawyer, accountants, etc. discuss new law’s implications. Fairfax, VA (Law Firm Newswire) February 28, 2014 – As the annual Heckerling Institute on Estate Planning reconvened in mid-January in Orlando, Fla., the eagerly anticipated conference of some 2,900 attendees was particularly interested in discussing the impact of recent changes in tax law. And the major engine for change in how lawyers and accountants will approach estate planning is the American Taxpayer Relief Act of 2012. The buzzword for estate planning since the passage of the new law is so-called portability, which allows widows and widowers to carry over […]


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Little Rock, AR (Law Firm Newswire) February 18, 2014 – The last thing people want to hear about before going to hospital is that the estimated number of patients that die every year as a result of hospital errors is too low. “Hospital errors take the lives of tens of thousands of people in the U.S. each and every year,” states Arkansas hospital error lawyer, Michael Smith. “Most people, if asked what they think the leading causes of death are in the nation, cite hearts attacks, brain injury and car crashes. Few think to mention medical malpractice or medical negligence.” […]


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Little Rock, AR (Law Firm Newswire) February 11, 2014 – If a relative is in an assisted care facility, they have the right to be treated with care, respect and dignity. In many instances, this is not happening. “No one entrusts a loved family member to a nursing home expecting that they will be subjected to abuse. However, this happens far too often. Often enough in fact, that many families who suspect something may be wrong are beginning to install hidden video cameras to catch any suspicious activity. What they find is at times horrific and shocking,” adds Michael Smith, […]


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