Monday, November 30, 2009

Mesothelioma Trial Attorney - Getting the Best One

A specialized mesothelioma trial attorney should be hired for cases dealing with mesothelioma. Since this is a serious disease caused by negligence of others, the claim amount is high. Therefore getting the best mesothelioma attorney is imperative.

Few Things To Consider Before Getting A Mesothelioma Lawyer

Before going ahead with a particular lawyer it is wise to do your own research. You may need to think over a few questions before hiring a mesothelioma trial attorney.

• How many such cases the lawyer has handled and the success rate of the cases?
• What does the lawyer charge as fees?
• Does he/she have a contingency arrangement?
• Is the lawyer considerate to the points put forward by you?
• Would he be transferring your case to another legal firm for commission?
• Is he interested enough in your case?
• What kind of role would you play in decision making?
• Is the lawyer well versed with mesothelioma law?

You must consider the above questions before hiring a mesothelioma trial attorney. You can also look through directory websites to look for an online mesothelioma attorney.

Specialized Mesothelioma Legal Services

Mesothelioma is caused by exposure or inhalation of asbestos dust. This disease is most common among construction mine and The worst thing is that it cannot be detected in the early stages. It takes years to develop and may get diagnosed only after the victim has retired or is working somewhere else. In such cases special law services are available to deal with mesothelioma related cases. Mostly the fight is against established and known companies. These companies may try to mislead the court or provide false proof in order to weaken the case. Therefore it is better to go through a reputed mesothelioma law firm. An experienced mesothelioma trial attorney can get an out of court settlement for about $1 million. According to the US law the victim can prove his disease with the help of medical reports and employment terms and conditions with the culprit company. Every American state has specialized mesothelioma legal services. They provide help and services to those affected with mesothelioma and fight against companies causing it.

Mesothelioma lawyers are understanding and empathetic individuals. They help in giving information about lung cancer, treatment and the rights of the victim. They are also associated with support groups helping the victims. Mesothelioma trial attorney usually takes up a limited number of cases. This way proper attention can be given to these special cases.

Mesothelioma law
concerns defending the rights of the victims of mesothelioma disease. Mesothelioma Attorney is a person who helps such victims get compensation from negligent employers.

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Finding the Best Criminal Attorney For Your Needs

Certainly nobody likes to think about waking up one day and finding themselves in need of a criminal attorney but if it happens it's good to know that the residents of south Florida have choices. From the Fort Lauderdale attorney, Miami attorney, to West Palm Beach criminal lawyer, the southern areas of Florida have many excellent lawyers to take care of you if and when you ever need their assistance.

Sometimes being an attorney is a thankless job; some people see these lawyers as working for the bad guys. But in our country everybody has the right to a fair trial and that means everybody has the right to legal counsel. That legal counsel should be well educated in the many laws that govern each state and country. A Fort Lauderdale criminal lawyer will need to know entirely different aspects of the law than a business lawyer from Boston. A Miami criminal lawyer will need to be well versed in litigation concerning felonies whereas a mortgage attorney will not need to know such things.

A well-educated attorney can make bad decisions that somebody made be less painful when it comes to trial and sentencing. It is the criminal attorney's job to support the innocents of the client and to make the job of the prosecutor more difficult. The burden of proof falls on the prosecutor and they must prove the clients guilt while the attorney supports the clients' innocents. Ultimately the client puts his life in the hands of his criminal attorney and that is why it's very important to make sure one has the best criminal lawyer you can get.

It is a misconception that criminal attorneys only have clients that are of the most deviant of offenders. This is not true. Certainly those accused of crimes such as murder, robbery, and rape need the assistance of a criminal lawyer but also those accused of white-collar crimes in business need the assistant of a knowledgeable criminal attorney as well. A good percentage of clients who seek the help of a criminal attorney are those who are accused of white-collar crimes such as business executive and those in the stock market.

There are many high profile cases that are spotlighted by the media; many criminal attorneys have made a name for themselves when representing one of these high profile cases. This is when a criminal attorney needs to have all his ducks in a row because all eyes are on him/her to see how he/she will represent the client and if he or she will win. Not all criminal attorneys like or even want a high profile case because they tend to be rather difficult cases. Being in the spotlight doesn't always work well for the defense.

It is safe to say that should you ever need an attorney you will want to get the very best in the business. If you need a criminal lawyer your life is on the line; a good attorney will help you get back your life.

Chris Robertson is an author of Majon International, one of the worlds MOST popular internet marketing companies on the web.
Learn more about Criminal Attorney.

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Saturday, November 28, 2009

Legal Forms and Documents That Protect You From Copyright Infringement

With the worldwide adoption of the internet, copyright infringement has become one of the most common offenses in the media industry. Copyright laws are put in place to protect artistic and intellectual property. The laws are very specific and cover all types of print materials. Forms, legal forms, real estate forms, agreements, contracts all manner of legal documents are protected by copyright laws. Books, novels, poems, songs, articles all protected by copyright laws. Videos, movies, music again protected by copyright laws. It is illegal to steal or to use certain intellectual property or artistic property without explicit permission of the owner of that property. Yet it happens all the time, and very little thought is given to it. The reason the laws are not enforced because it is virtually impossible to enforce and is only enforced when something occurs on a grand scale.

Not to long ago there was a file sharing site that was in the news everyday. This file sharing site provided an arena where music could be shared amongst users. Basically a user would become a member by filling out a short membership form agree to the terms of service and would have immediate access to this website. The member would than be able to down load music that other members had uploaded to the site. If one member bought the latest CD and uploaded to the website , potentially millions of other members had access to this CD free of charge. The music industry was losing quite a bit of money. Clearly this was a case of large scale copyright infringement. Suffice to say in this instance the copyright laws were enforced and continue to be enforced in this forum. This is just one instance of copyright infringement online, it occurs everyday. Software is shared, music, movies, books all of it shared online, all of it clearly copyright infringement.

Term papers are another place where copyright infringement occurs regularly through plagiarism. It seems relatively harmless, a few lines copied without giving proper credit to the original author, but it is not legal and could wind up with an expulsion from school, though it very rarely does. This is another arena where it is difficult to enforce the rules, it would take an instructor many extra hours added to their work day to check each and every paper that they receive.

Enforcement is rare because it is difficult to trace every incident and because it is so prevalent virtually millions of people would wind up owing someone money.

James is an expert in writing about legal forms and documents that may help you when your in the search of the right legal document. He writes many articles about forms ranging from, power of attorney forms, real estate forms, and most any legal form that your searching for.

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Fair Use - Free Expression - Does Fairey Have Any Hope?

Shepard Fairey's last name is kind of ironic being that he claimed fair use, even though he just recently confessed to concealing his mistake by submitting false images and deleting others.

Tip #1-If claiming you are guilty of stealing someone's copyrighted work based upon "fair use" at least be honest about which work you used.

A legal battle was launched in February by Fairey against the Associated Press. Fairey claimed his use of the photograph taken by AP's Mannie Garcia of then-Senator Barack Obama appearing on the artist's "HOPE" poster was not copyright infringement. The Associated Press fought back arguing willful copyright infringement over use of the photograph.

The artist originally stated that he based his poster on a photo of Obama sitting next to actor George Clooney. He has now changed his mind as to which AP photo he actually used in creating his work.

Fairey's recent statement may hurt him in his case, especially since he is going to lose his attorneys led by Anthony Falzone, Executive Director of the Fair Use Project at Stanford University. The team has announced they intend to withdraw from the case since their client misled them, fabricated information and destroyed material.

Tip #2-Don't lie to your copyright lawyer!

Despite his loss of credibility, the case brings to the front and fore a major issue in copyright law certain to affect photographers, composers and artists whose works are used in subsequent content. Subsequent users claiming fair use must show their use of the underlying work was transformative, namely the new use adds value to the original and the prior work is "transformed in the creation of new information, new aesthetics, new insights and understandings." 4-13 Nimmer on Copyright § 13.05.

Was it ok for the artist to manipulate an existing image? How much of the original image was altered in the creation of his poster? Was it enough to add red, white and blue and the word, "HOPE?"

Fairey stated, "Regardless of which of the two images was used, the fair use issue should be the same." So we have artists and free speech advocates on one side versus photographers and journalists on the other side.

It will be interesting to see the outcome. Either fair use will triumph or Fairey will have to pay for use of the photograph.

Tip #3-If you base your work on a previously copyrighted work, make sure it is original and transformative.

Copyright 2008 Hodgson Law Group - Cheryl L. Hodgson, J.D.
For expert Branding advice visit:
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BRANDAIDE: Driving Your Brand to Distinction

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Thursday, November 26, 2009

Work Accidents in Hospitals

Hospitals are supposed to be safe environments for the frail, sick and injured. There has been enough emphasis in the press over the past few years about the dangers to hospital patients from superbugs like MRSA and C. difficile, but what about the risks to NHS workers? We hear all too often about negligence claims being brought against the NHS, but how many of the thousands of workers employed by the National Health Trusts are at risk in their working environment?

The dangers from such things as needles, infected blood and transmittable diseases are obvious and the NHS makes a great effort to protect employees against these dangers. But a recent case has highlighted that it's not these normal, run of the mill dangers that threaten staff every day. Money is tight in the NHS and sometimes building maintenance can be allowed to slide below acceptable standards. This has resulted in a recent case where high levels of the legionella bacteria were found at a Liverpool hospital.

The Liverpool Heart and Chest Hospital NHS Trust was ordered to pay nearly £48,000 following an investigation. The investigation found unsafe levels of legionella in the water supply system for the showers, baths and sinks at the hospital. The court was told that the Trust had stopped testing the water supply for the disease, despite high levels of the bacteria being found in the hospital in 2002. The HSE criticised the Trust for failing to put suitable control measures in place, and blasted senior management for failing to take responsibility for overseeing the control of the bacteria. The Trust pleaded guilty to putting both patients and staff at risk.

The action of the Trust constituted a severe breach of their duty of care, not only to their patients but to the staff as well. The Trust had ignored the recommendations it had been given by a specialist contractor to control the levels of bacteria in the water supply and no one person was given overall control or responsibility for managing the bacteria, and suitable control measures were not in place. This, luckily, is one of those rare instances where the result of this lax attitude towards a potentially deadly disease did not result in any directly attributable deaths. But it does highlight the fact that working environments are not just potentially hazardous places for accidents - there is also the risk of illness through disease too. If an organisation that is supposed to care for the sick cannot or will not implement measures to protect both patients and staff from a deadly disease such as legionella, especially after having been told quite clearly that there was a problem, then any illnesses resulting from exposure to the bacteria could have been considered the fault of the Trust and liable to a claim for compensation.

A valuable lesson has been established here. It isn't just the duty of employers to make sure that a working environment is safe from accident hazards, but illness hazards too. This is an exceptional case, granted. But it does draw attention to the potential for life-threatening working situations to develop because of a reluctance to listen to the advice of experts. The massive financial penalty imposed by the courts could have been averted easily by the Trust by ensuring that the situation was controlled as per the advice of the contractors. Instead, the hospital blatantly put both staff and patients at risk of a disease that kills. It is to be hoped that there is no repeat of this shameful incident and that hospital workers and patients are never exposed to this kind of health and safety mismanagement again.

Visit Work Accident Solicitors if you have been Injured At Work.

Nick Jervis is a solicitor (non-practising) and a consultant to Work Accident Solicitors who specialise in Work Accident Claims.

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How to Prepare Yourself For Doing a Background Check on Someone

By doing a background check on someone, you can find his current address, phone number and all types of public records like bankruptcies, criminal records and so on.

Many background search companies give you a fact about the person you are considering and allowing into your life, home or business.

Try the following steps on how to find the best background check company in terms of value or money:

1. If you are just an ordinary person looking for best background search company, I think the best background company for you are the PEOPLE. Make a survey. Prepare questionnaires about the person's background.

Whatever your purpose of doing this is, be sure that you have potential people that will answer the questionnaire. When we say potential people, of course, that would only mean, a previous co-workers, classmates, friends and neighbors. In this case, you don't have to pay anything right from the start. This survey will help you to determine the capability of the person you want to enter into your life.

2. After the survey, collect all the information about the person. Highlight the most important things about the person. If you are doing background search about your 'boyfriend' or 'girlfriend', why waste your money for doing a background check first?

Just simply log-in to different websites like,,, and so on and so forth and use the integrated search engines there. These websites are so famous that almost every person on the planet has an account there.

3. Google search can take you far. If you really want the dirt on potential suitors or business partners you have to dig deeper. You can do a customized search based on your background needs. It is accurate, thorough and timely.

4. Use a background check company.

US Search is a very reliable company to do this. Using a background check company like this one can give you a person's history of addresses, relatives and all types of public records. By the way, here's US Search website. Good luck!

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Is Your Intellectual Property Insured Against Brandjackers & Cybersquatters?

Take a few moments to INSURE that you are on the right path to protecting valuable intellectual property from Intellectual Property thieves which, if left unchecked, can cause loss of rights in your trademarks, copyrights and confidential information.


What exactly is cyber squatting or brandjacking? When dealing with trademark issues, we have dubbed them "Branditos." Branditos are "cyber bandits who steal from those who brand it."

Do you know what the greatest threat to brand equity is today?

Cyber squatting, sometimes called brandjacking, increased by 33% in 2007. Why the increase? First, since most generic dictionary words and terms have been registered as domains, brandjackers now turn their attention to trademarks. Secondly, brand names in domains help brandjackers drive traffic through search engines. If you have a website selling goods or services, or simply market through the Internet, you should become familiar with the most common types of cyber squatting.

Why should you care?

Trademark owners must "police" their marks against unauthorized usages, or lose rights completely. Registration is only the beginning of protection for trademarks and valuable business good will. Many trademarks have been lost through benign neglect of their owners who failed to take simple steps along the way to eliminate infringers. Most often, this was simply because the owners did not understand the basic legal principles necessary to protect valuable brands.

For example, allowing new entrants into the market who are using an identical or potentially confusingly similar term for the same or related goods and services causes your mark to lose distinctiveness and weak. Marks can be legally challenged as "descriptive" or "generic," meaning you will be unable to enforce rights against third parties. Once it has happened, it is too late to regain rights.

In the Internet age, "dilution" of your brand can happen quickly where brandjackers deliberately register misspellings of trademarks to divert customers, place them in Meta data, and buy them from search engines to place competitive ads.

Cost should not be the deciding factor. A risk management program and enforcement plan can be implemented on a cost effective basis without the need to file expensive litigation.

Clients most often confuse their own registration of a domain as protection against others. This is simply not the case. The same or similar domains with varying words and spellings from yours are illegal if they are used to offer competitive goods and services.

Copyright 2008 Hodgson Law Group
Cheryl L. Hodgson, J.D.
For expert Branding advice visit:
Visit us online:
BRANDAIDE: Driving Your Brand to Distinction

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Trademark Infringement at Competitive Sites

While some usages of a competitor's mark are "fair use" these are limited in nature to comparative advertising. However, finding your brand or mark in use on the page of a third party site is more often direct infringement. The use is sometimes innocent, but nonetheless a threat to brand value, particularly if your mark is being used in a descriptive or generic manner, namely not as a trademark. These violations can be the most dangerous. If ignored, your brand can become generic or descriptive and cease to be protected as a mark.


1. Third Party Domains Containing Your Trademark. Use of your brand name as part of a different domain used to divert traffic is illegal. For example, a client owns the domain as well as the federal trademark for BURNED TOAST for a proprietary music library marketed to film and television producers and users of music. The domain has a parked page with a click through to a site offering to sell compilations of other musical groups. This is an infringement of rights in BURNED TOAST.

2. Typo squatting. Branditos deliberately register misspellings of other business brands and trademarks to divert traffic to pages filled with ads for other goods and services. One or two of these may seem harmless, but left unattended, they can mushroom out of control, causing loss of business and dilution of your brand.

3. Parked Pages and Pay Per Click Ads. Unused domains are often "parked" by domain registrants, as well as your own registrar. There is functional site, but the page is filled with ads and links to companies offering competing goods and services. Some even illegally use your mark on the pages.


If a competitor is coming up in the page ranking with your brand, right click on their web page and view the "meta data." You'll likely find your trademark being used by that competitor. Courts have held this practice illegal, since it is intentionally uses your mark to divert traffic to your competitor. The legal ease is "initial interest confusion."


The law is clear that purchase of your trademark by a competitor for sponsored ads is illegal. Not only is this illegal, it also drives up the cost of bidding on your own trademark, increasing marketing and advertising costs on the Internet. Auction of trademarks is now a common practice, and currently the subject of litigation as a result of the purchase of trademarks by competitors who place ads for competing goods and services next to your page ranking in search engines. For example, type in "XEROX Trademark" and you might well find Legal Zoom selling trademark filings services.


Original photographs, artwork, text, poems, excerpts from books, music and lyrics are all forms of copyrighted works which are vulnerable to attack from cybersquatters and the subject of infringing uses. Large Internet companies devour content at a rapid rate, and monetize their sites through advertising. Many users are honorable, but others do not want to pay for use of copyrighted works. Registration of important works is a must to preserve remedies.


Celebrities, authors and public figures have the right to control use of their name, image or likeness in connection with the sale or endorsement of products or services. Increasingly, successful authors and celebrities find their photos or names being used by competitors to sell products or other works. For example, one author may use the name of the author of a best selling self help book to "compare" or "imply and endorsement" by the more successful author. Instead of selling their product on its own merits, the infringer feels the need to use the name or likeness of the more successful client.

Copyright 2008 Hodgson Law Group
Cheryl L. Hodgson, J.D.
For expert Branding advice visit:
Visit us online:
BRANDAIDE: Driving Your Brand to Distinction

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Wednesday, November 25, 2009

DOT - SP11579 Explosives Haulers Alert, A Must Read Article For Compliance by January 2010

New rules become effective Jan. 2010 from the Pipeline and Hazardous Materials Safety Administration (PHMSA Office of Hazardous Materials Special Permits.)

Here is the new rule and it is a Continuation of DOT-SP 11579 (16th Revision) Page 10 October 20, 2009.

(12) Vehicle Batteries.

(i) By January 1, 2010, each vehicle operating under the terms of this special permit must be equipped with three battery disconnect switches - one at the front of the vehicle, one at the rear of the vehicle, and one near the battery box. All switches must be clearly marked. The switches must be installed in a manner that ensures they are protected in the event of a rollover. The disconnect switch must be tested every month and repaired or replaced if the test indicates a malfunction.

What is needed for compliance is a switch box with a master disconnect switch inside that will put your company into compliance with the DOT from Washington, D.C. One product you can use is called ThiefsNightmare. Your bonus with this product called TN-3 is that it also doubles as the best Safety Lockout/Tagout in the world for all types of construction equipment, trucks, etc. to also get into compliance with OSHA and even makes an excellent anti-theft device and anti-terrorist product while not in use for the new DOT-SP 11579 battery rule. This new rule was made to protect first responders who respond to roll over accidents of hazmat loads. Failure to comply can shut down your operation by the DOT and a hefty fine to boot.

What you have to understand is that any terrorist could potentially use these same explosives trucks that haul very dangerous explosive mixtures to coal jobs, demolition sites, rock quarries and more and they could be used as a WMD.

To learn more about different products that can put your company into compliance with these new Department of Transportation rule targeted to hazmat carriers, read the bio at the end of this article.

Weapons of Mass Destruction (WMD) encompasses nuclear, food, water, biological, explosives, chemical weapons and more. Al Qaida and other terrorist cells remain at large and are a serious threat to our way of life today in America and will persist for a considerable time in the future. by John Desrosiers, Managing Director

To find out more about these ThiefsNightmare products, visit the website or call. CFATS regulations require all Chemical Facilities to have a site security plan in place to prevent terrorist attacks. Your company can utilize these TN products to protect all types of construction equipment, towmotors, semi-trucks and semi-trailers from being used as a weapon of mass destruction.

Business Opportunity: Accredited Investors needed today. Contact or John Desrosiers, the owner at 614-572-9322 if you would like to be a part of a safety and counter terrorist recession proof business that offers exceptional worldwide growth potential.

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Contract Compliance

Contract compliance is basically a program, which, has been exclusively designed to ensure that employers who are working with the Federal and the local government comply with certain laid out rules and regulations, concerning the business. The entity which is associated with these procedures is the OFCCP or the Office of Federal Contract Compliance Programs. The OFCCP happens to be a wing of the Department of Labor of U.S - Employment Standards Administration.

The Labor Contract Compliance Program contains the following important sections amongst others:

· Payment of prevailing wage rates

· Apprentices

· Penalties

· Records of certified payroll

· Non-discrimination in employment

· Prohibition of kickbacks

· Prohibition of fee acceptance

The payment of prevailing wage rates section comprises the rules and regulations concerning the current wage rates. The basic rule is that the contractors and the subcontractors who have been hired to complete the project should pay the workers the wages as mentioned in the labor code. However, if the estimated costs of the project are surpassed, it becomes mandatory to follow the other rules as specified under the sections within the same code.

The apprentices section requires the contractors and subcontractors to abide by the rules stated under section 1777.5. The penalties section comes into the picture if these contractors and subcontractors are not able to comply with the rules related to the prevailing wages and are awarded penalties. Parties can also be subjected to forfeitures and debarment if they fail to appoint registered apprentices.

The certified payroll records section ensures that the contractors and subcontractors maintain accurate payroll records with all the details of the apprentices, employees and workers. It also includes information like hours worked, contact details etc. Non-discrimination in Employment is an important element which specifies action against any employment discrimination. The kickbacks prohibition section bars employers to take wages illegally. Similarly, the rules stated under the section on prohibition of accepted fees, do not allow the mentioned parties to receive fees in lieu of registration for public work.

For more info visit: Contracts Compliance

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Sunday, November 22, 2009

Common Problems Encountered in Dealing with Lawyers

Your lawyer keeps on ignoring your phone calls

Proper communication between you and your lawyer is very important in a positive turn out of your case. It is also the obligation of your lawyer to keep you informed about the progress of your case.

However, you should not expect your lawyer to communicate with you quite frequently since he might be working on other client's cases as well. But this does not mean that he is not taking care or your case. He might just be properly allocating his time to serve other people or just limiting his phone calls in order to minimize his service charge especially when he is working on an hourly rate.

If you find your reason for calling urgent, it would be better to put it in writing first and ask for his response. If he fails to act on your request, then you may proceed to calling him by phone. After performing these steps and your lawyer still keeps on ignoring your call, it may be time to dismiss his services and look for a much reliable lawyer.


Before formally hiring a lawyer, it is also advisable to perform a thorough review of the fee agreement. Be sure that you completely understand the manner of payment, either on an hourly rate or on contingency basis. Determine all your monetary obligations to him. Some lawyers may insert other fees on your bills.

Meanwhile, if you have noticed some irregularities on your bills after your case has been settled, have it reviewed by a reputable legal organization that can determine if you are indeed charged fairly. If not, you may also ask them for some recommendations on what proper actions you may pursue.

Your lawyer goes beyond the ethical standards of the legal profession

All lawyers are expected to abide by strict ethical standards. If your lawyer has acted unethically, you may file charges against him and make him face various sanctions such as reprimands or suspensions and disbarment. You may bring your complaint to the Lawyer Disciplinary Office in your respective state.

Your lawyer promised a positive result but it did not happen

Do understand that nobody can tell whether a lawsuit will be successful or not. Even the most credible and well-experienced lawyers lose some cases. The least you can do is to look for the best and most reliable lawyer for your case and see to it that he is doing his job accordingly.

On the other hand, if your lawyer has indeed failed to follow the standard procedures in handling your case, you may seek the aid of a legal malpractice lawyer in your area and file the necessary charges against him.

Firing your lawyer

Keep in mind that you are still in command of your case. If you are not contented with the way your lawyer handles your case, cease his services and look for another lawyer. Nevertheless, you are obliged to inform the court and ask their permission before doing such action.

Our firm's professional CA Lawyers can be depended upon on your legal problems involving personal injury, employment laws, social security disability and business laws. Visit our website at

Rainier Policarpio

Rainier is currently among the proud members of the Mesriani Law Group that serves clients in Los Angeles, California. He was tasked to write articles and legal contents to further enhance the knowledge of the internet users regarding Personal Injury, Labor Law, Business Law and Social Security Disability.

Why Immigration Attorneys Are Important To Fighting Deportation

Immigration trial lawyers understand the protection of undocumented immigrants is an extremely difficult task.

Each year, deportation defense becomes tougher. More and more rigid laws are passed - increasing the difficulty of winning deportation and removal cases.

News Reports Are Not Always Accurate

Too many news stories present a poor picture of immigration reality. Watching the news on immigration causes many people to believe deporting individuals is almost impossible. This view is far from the truth. Immigrants must be careful not fall into the trap of thinking that getting a green card is easy.

The reality is that once an immigrant is sent to Immigration Court, the odds of winning are far less than 50-50. Rules are not only stiffer . . . procedures are tighter . . . and judges are stricter than ever before. Still, about 60% of immigrants try to handle their deportation and removal cases without an immigration trial attorney. This is an open invitation for tragedy.

The Road To Immigration Success Is Complicated

Even when immigrants have good cases, there are no guarantees. Victory is only a privilege, not a mandatory right.

Judges can believe (1) you're a hard-worker, (2) an honest individual, and (3) your family will be torn apart if you are removed - and yet, decide that you do not meet the requirements to remain in the United States.

For immigrants lacking proper documents, the circumstances are tougher. They are often left with only one possible defense against deportation. This is called cancellation of removal. They must prove:

(a) 10 years of continuous physical presence in the U.S. (b) Good moral character during the ten years (c) No convictions which disqualify them from immigration benefits (d) Exceptional and extremely unusual hardship to a qualifying relative (Qualifying relatives are your husband, wife, parents, or children who are either U.S. citizens or lawful permanent residents already)

The requirement most difficult to demonstrate is hardship.

Opposite Paths To Winning Your Case

There are two roads to proving hardship. The difference between the roads: where your family members plan to live if you are removed. As your immigration trial lawyer should explain, you must carefully think about these options before you testify at your deportation defense hearing.

If you go down the first road, your qualifying relatives will also leave the U.S. with you. If you take the second road, they will stay here even after you are sent back to your home country.

This is a very important decision. It is important because what happens if you are deported will affect your life and your family's life forever. And what happens if you are deported is what the judge needs to know, absolutely know, in great detail.

The road you and your family choose is important for another reason. It determines how your immigration attorney will present your case. If you take the first road, your immigration lawyer has to show how moving to your home country will have a negative effect on your qualifying relatives. If you take the second road, your immigration attorney has to show how your family will suffer without your day-to-day support and love.

Sometimes Hardship Is Not Enough

Both types of deportation defense cases take a lot of preparation. There are many, many things to talk about in court. A lot of evidence is needed to support your testimony. The right amount of hardship is incredibly difficult to prove.

Almost all immigrant families will suffer some hardship if a family member is deported. Judges tell many immigrants that they have shown some hardship - but they have only shown ordinary hardship. You must demonstrate exceptional and extremely hardship.

Facing removal if you lose your case, this is not something to try on your own. Most people cannot put their hardship case together without the help of a skilled immigration trial attorney. If remaining in the U.S. is your goal, your choice of a deportation defense lawyer may make the difference.

Carlos Batara

Phoenix, Arizona Immigration Lawyer Carlos Batara has been helping immigrants live and work legally in the U.S. for more than 16 years. A Harvard Law School graduate, Carlos specializes in immigration trials, immigration appeals, and difficult cases. To get a free copy of his special report, "How to Avoid Immigration Fraud," visit .

Investigative Process Service

Many private detectives find investigative process service to be a valuable part of their case assignments and a terrific way to supplement their income. Process service is one of the easiest and steadiest ways to make money in the private investigation industry and it also provides investigative professionals the chance to get up close and personal to the subjects of their investigations.

Process service is defined as the delivery of legal papers drafted to exercise jurisdiction over the recipient. There are a wide range of legal papers which may be served by private investigators. There are also a number of accepted methods of service which depend greatly on the exact nature of the case, the papers involved and the vicinity in which they are served.

Legal papers which must be served come in many varieties, including, but not limited to summonses, subpoenas duces tecum, subpoenas ad testificandum, orders, writs, judgments, complaints and affidavits. In a busy legal market, the vast number of cases going on at any one time will keep hundreds or even thousands of dedicated process servers busy full time. Being that investigators are out in the field daily anyway and often visit the same government entities, doctors offices and municipal agencies frequently, serving papers to these recipients is a great way to maximize efficiency and spread billing across several cases, providing better value to each client, while getting the case work finished fast. Private investigators who can also serve process present a win/win scenario for client and detective alike.

In order to serve process legally in some jurisdictions, a server may have to be licensed or bonded. In most cases, the server must be 18 years old and not a party to the legal action involved in the service. It is recommended to always stay informed about the exact requirements of legally serving process in your area and the surrounding communities, so that you can easily comply with any special considerations which must be met.

Process service can be achieved in person, by simply handing the papers to the target recipient. In some cases, substitute service is allowed, in which case the papers may be left with an adult relative or designated representative of the target recipient. Service to a registered agent is common when serving some corporations, especially those that do business in multiple locations, but do not maintain centralized offices in every market. Finally, service by mail is perfectly acceptable in some cases or as a last or only resort.

A good investigator will always take the chance to learn as much as possible when serving an opposing party in a litigation. They will often document the person’s behavior and appearance, speech and mannerisms, so that follow up surveillance will be easy and enlightened. Of course, it is always advisable to have more than one investigator on this type of case, since it would be foolish to use the same operative to both serve and later follow the target, since the risk of being recognized will be high.
Sensei Adam Rostocki

Adam Rostocki spent many years working as a trial preparation investigation specialist in the New York Metropolitan area. His website, Private-Investigator-Info.Org details everything you need to know about Process Service. For more information, please visit his Private Investigator web resource today.

Helpful Advice on Applying For a Law Suit Loan

Legal issues always seem to be something that other people are involved in, and something that you need not concern yourself with, but it is easy enough to find yourself quickly embroiled in a legal battle. The legal process might begin with a simple altercation with a neighbor or an argument over pay at work, and the next thing you know, you are embroiled in a complicated 'he said - she said' dispute, with lawyers being engaged on both sides.

Whilst you may think that defending yourself in a legal battle is an option, frankly, it is not; not if you have any hopes of winning anyway. You will need legal representation and it does not come cheap. Most people find that they must either use up their hard earned savings to pay for it, else get it on credit, which puts a huge burden on their personal finances. The result, more often than not, is to end up in a spiral of uncontrollable debt, particularly so should they also find themselves unable to work as a result of the legal dispute.

It need not be like that though, and such pressure and stress can be avoided, due to the availability of law suit loans, which are also sometimes referred to as legal settlement loans. Applying for one is relatively simple and straight forward and, as they can be applied for early in the legal process, the outlay of personal cash or savings can be totally avoided.

The various reputable companies that offer law suit loans can mostly be found online. In fact, the whole application process can be carried out online, so you do not even have to meet them face to face if you do not have the time to do so. So long as you are involved in a legal dispute, and you have enlisted the assistance of an attorney, then you are a prime candidate. Credit checks are rarely required and the case will be viewed on its own merit as a viable risk. Should the case be considered a viable risk, the loan process will be fast tracked and it is possible to receive legal settlement loans in a few short days.

Who qualifies for a law suit loan? Literally, anyone involved in any type of legal dispute is welcome to apply for one. Having said that, most successful applicants have cases related to some kind of personal injury, medical malpractice, breach of contract or wrongful dismissal from employment. Those are just the most common ones though, and you should still consider applying even if the circumstances of your case do not fall within one of those categories.

Exactly how much you will receive is dependent on the type of dispute that you are involved, and the merits of your case. Some people get several hundred dollars, others several thousand. The biggest advantage is that the money is not repayed through personal reserves; it is paid on a won settlement only. If the case is lost, the loan is written off.
Mark Thomas Walters
After reading the articles on our website, you will be able to understand the function and purpose of legal settlement loans. Our articles aim to give you basic information on a lawsuit loan, also known as legal settlement loan, lawsuit funding or lawsuit cash advance. You can also' apply online for a Law Suit Loan here! By Mark Walters.

Saturday, November 21, 2009

Medical Malpractice - The Standard of Care Issue

There was a time when patients believed their doctors could do no wrong. Sadly, that is no longer the case. In fact, medical malpractice is the number one area where wrongful death cases are filed. In this article, we take a look at the standard of care issue that is central to most medical malpractice cases.

The rule of law in this country is based on a number of general concepts. The paramount factor is "duty". You must have a duty to do something and breach that duty before you can ever be found liable for anything. For example, you have a duty to drive a car while competent to do so. If you drink all night and get behind the wheel with a .2 blood alcohol level, you've breached that duty and can be found liable for doing so.

Defining the duty and breach there of in medical malpractice cases is a bit more difficult. Back problems are a major health problem these days. The medical course of action in some cases is a discectomy in which surgery is performed on a herniated disk to provide relief to the patient. Well, what happens if the surgery does not produce relief? Did the doctor commit malpractice? More specifically, what is the doctor's duty in the specific case? The answer is found in the standard of care.

A doctor is not a miracle worker. Some medical treatments just don't work. Under no condition is a physician required to produce a perfect result. That physician, however, has a duty to perform up to the standard of care in the medical community. The standard of care is simply the minimum level of performance that a specific group of physicians would perform at when faced with the same medical condition. Let's look at an example.

I go into the doctor for a pain in my stomach. The doctor asks me a bunch of questions and has an x-ray taken. He chalks it down to a muscle strain and sends me home with a prescription for pain killers. A month later I go to the emergency room in major pain and am diagnosed with stomach cancer. I die six months later and my wife sues for wrongful death based on medical malpractice. Expert testimony establishes that the standard of care required the doctor to also perform a blood test which would've shown the cancer. He had a duty to perform to the level of the standard of care, but breached it by failing to do the blood test like other doctors would have. Please note this is entirely a hypothetical and doesn't reflect the true issues in such a case.

One caveat that arises with the standard of care is the pool of doctors considered. Some jurisdictions look to what the doctors in the immediate community would do. Some states require a jury to look to a statewide or even national standard. The differences can be surprising and also lead to very different results in cases that have very similar facts.

Thomas Ajava

Thomas Ajava is with - the number one site on the web for finding a Madison County wrongful death attorney.

Whiplash Prevention. What Can You Do To Prevent A Whiplash Injury?

If you have previously been involved in a car accident and suffered a whiplash injury, you will know that it really can be a royal 'pain in the neck'. What can you do to minimise the impact of a whiplash injury in the future? This article explores some steps that you can take to avoid an injury completely, or to minimise the extent of the injury.

Whiplash is a continually increasing problem. Insurance companies may tell you that the sole reason for this is that there is a "compensation culture". We do not accept that this is at all the case. Many people who suffer a whiplash injury still do not make a claim for compensation. There are many factors that contribute to the number of whiplash claims being made, the most important one being that year on year as our population increases there are simply more cars on the road. More cars on the road inevitably leads to more accidents which in turn leads to more whiplash injuries.

Therefore, there are many reasons why there are so many whiplash injuries and claims for compensation.

In looking at how to minimise or avoid an injury, the first point to understand is how you suffer a whiplash injury. This usually happens when your vehicle is stationary or moving slowly and another vehicle collides with the rear of it. Whilst your body moves forward as it is in contact with the seat your head stays in the same position until it connects with the headrest. Once it connects with the headrest it too starts to move forward. The only trouble is that by this stage the seatbelt has done its job and your body is starting to move backwards. In the process your head is thrown forwards and then snapped backwards as your body pulls it back. It is this snapping forwards and backwards that over stretches the muscles and causes the whiplash pain and suffering.

But how can you reduce the pain you might suffer completely or partially? Here are some steps you can take immediately to prevent you from suffering a severe injury.

1. Keep Your Distance. We all see the chevrons on the motorway telling us to keep our distance but do we always obey them? Well you should do if you want to save yourself from potentially months of waking up with a stiff neck and struggling to pick up your young children.

Keeping your distance has two major benefits for you. Firstly, it means that if you are a safe distance from the car in front (the AA recommends at least two seconds behind) if they have to brake suddenly you will have sufficient time to stop without colliding with them, preventing injury for you and the car in front.

Secondly, it means that if you have kept a safe distance from the car in front, if you notice someone behind you is not stopping in time, you have space in front to edge forward and to potentially avoid a collision altoghether.

2. Use Your Rear View Mirror. We all remember the driving test don't we? Mirror, signal, manoeuvre... Do you still do this, everytime? Again it is a very good idea to do so for the reason mentioned above. If you are on a motorway that is coming to a standstill, paying attention to what is happening behind you can be equally important as watching what is going on ahead. In addition, if you are on any other main road and are going to turn left or right checking your rear view mirror will alert you if someone is travelling too close to you so that you can indicate your intention to turn long before the junction. This could save another rear end collision.

3. Adjust Your Headrest. If you have done all you can to avoid an accident happening at all, the next stage is to reduce the impact of the accident (and minimise the injury). This is best achieved by adjusting your headrest to the correct position which then affords the headrest the best chance of doing its job.

The top of the headrest should be level with the top of your head. If it is it will do all it can to minimise the impact. Have it too low and your head could 'whip' back over the top of it and it can actually do you more harm than good.

Conclusion. Take these steps and you really can save yourself from a lot of whiplash pain and suffering.

Nick Jervis

Need expert Accident Whiplash Solicitors? Find out How Much For A Whiplash Claim? Nicholas Jervis is a solicitor (non-practising) and a legal marketing consultant to Gray Hooper Holt Solicitors.

Thursday, November 19, 2009

Patent Outsourcing - The Hiccups

These are the steps to avoid infringement of Export Control Regulations in considering outsourcing patent preparation to India:

Perform an export-classification assessment in order to determine if the commodity, service or technology about to be exported, i.e., outsourced outside US soil for patent preparation, is controlled for export purposes.

This determination is done in three steps:

1. Determine if the commodity, service or technology is subject to EAR ( Export Administration Regulation) of the BIS ( Bureau of Industry and Security), the enforcement arm of the DOC( Department of Commerce), either by self-assessment of the CCL (Commerce Control List) , or preferably, by filing a CCR ( Commodity Classification request ) with the BIS.

2. Determine if the commodity, service or technology is subject to ITAR ( International Traffic in Arms Regulations) of the DOS-DTC ( Department of State -Directorate of Defense Trade Control ), either by self-assessment of the USML (United States Munitions List) , or preferably, by filing a CJ ( Commodity Justification) with DTC.

3. Screen any parties to the export transaction against the list of US Government's Prohibited persons, like, the DOC Denied Persons list, the DOC Denied Entity list, the DOC Unverified list, the DOT-SDIE list, and the DOS Debarred Person's List. If the patent is export-classified, obtain an export license from BIS or DTC, whichever is relevant. Note that this is not the equivalent of the Foreign-filing license of the USPTO as of now.

For bulk-patents, preferably obtain a blanket export license. Most patents do not fall under these regulations, and an inventor can easily determine if an invention clearly does not fall under export-regulations. Yet, in cases of doubt, it is advisable to go through the additional effort to determine exportability; this is what we always advise our own clients. Even with all that, we keep getting them, because outsourcing is still much cheaper.

We hope this article provides you with insightful information to legally and securely outsource your intellectual property and portfolio management requirements, for any queries, please contact us at or visit us at for more information.

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What Do I Need to Think About First in Taking My Idea to Market?

To start, let me address a common misconception with many first-time inventors who start with an idea but have little understanding of how to actually make money from their invention (i.e.: they don't understand the options for taking their idea to market). Many inventors believe that they need to spend tens of thousands of dollars developing and manufacturing their ideas on their own to succeed, which is why you read so many stories about inventors who spent their life savings chasing an invention. While manufacturing is one option for certain inventors, it is not the most common option and certainly not the least risky.

The two main options that you can consider for developing your invention are:

Option 1 - Manufacturing and marketing your invention on your own

Over the years, I have worked with hundreds of inventors and a common misunderstanding that I see is the idea that succeeding with an invention means developing, manufacturing and marketing the invention on their own. As a result, these inventors spend a small fortune developing prototypes and setting up manufacturing before they ever receive expressed interest or purchase orders from companies. When deciding how to proceed, you should first think about your ultimate goal. If you are trying to build a business around your idea and become an entrepreneur, then manufacturing may be your option; however, if you are looking for a company to pay you for your idea, then this would not be your best approach. Note: if you elect to develop and manufacture your idea on your own, I would recommend that you try and secure interest and/or purchase commitments before you pull the trigger on manufacturing. There is a big difference between developing a prototype and setting up manufacturing.

Option 2 - Licensing for royalties

In my experience, 98% of inventors end up going this route, which means that rather than manufacturing and marketing the invention on their own, they try to find a company to license or purchase the invention's patent rights from them in exchange for a royalty or cash payment. The idea is to have an established company develop, manufacture, and market the invention along with their existing product lines. The key to success with this approach is to adequately and professionally prepare your idea for presentation with related manufacturers or distributors to discuss license opportunities, which can range from simple designs all the way through fully developing your invention.

Before we move on though, I'd like to reinforce that it is very important to understand that your odds of success increase as you move through the development and patent process, regardless of how good you may think your idea is. For example, if you are in the concept stage without any patent protection and no formal product designs or prototypes, the odds of success are limited if you try to approach a company; however, as your idea becomes more developed and "real" with a professionally designed virtual or physical prototype, your chances of success increase.

The same holds true with patent rights. If you have an issued patent from the United States Patent & Trademark Office (USPTO), your odds of success are better than if you had patent pending status or no patent at all, assuming your idea is good to begin with. Unfortunately, it really will not make a difference what you have in place if your idea is bad to begin with.

Overall, the trade offs are time, effort and money. By investing the right amount of time, effort, and money into your idea, you increase your odds of success. In my view, the goal should be to minimize your cost and risk by investing enough into your idea to be able to share it safely and effectively with companies before pouring money into the idea. For example, you may be able to start out by filing a provisional patent before it becomes necessary to file a full utility patent. [If you do find a company to license your invention, it's possible that you can negotiate for the company to pay for the utility patent.] Also, you may want to start by designing your product "virtually" before you move into the expensive prototype process. Again, you can obtain interest and license the invention without investing a lot of money into prototype development. If lack of a working model becomes a roadblock and you're hearing good feedback, you may want to explore developing a working or tangible prototype later in the process if you have the financial resources to do so. The idea is to work smart through the process to reach a license agreement without spending more money than necessary on the product.

Russell Williams cofounded and to assist inventors and entrepreneurs through the patent and invention development and marketing process. He's been asked nearly every invention-related question in the book, and shares his wisdom in an article series, "Inventor Q&A".

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Wednesday, November 18, 2009

White Paper on GST

Government of India unveiled today First Discussion Paper on Goods and Services Tax.

GST has been the preferred mode of taxation of goods and services and has been introduced in more than 140 countries. Most countries have single GST rate, however some countries like Canada & Brazil has dual GST structure. White paper proposes dual structure for GST in India. Standard GST rate in most countries vary between 15-25%.

The proposed GST structure in India proposes dual structure. GST shall have two components- Central GST and State GST. The model shall be implemented by multiple statute- one for Central GST and SGST statute for every state. However, it is proposed that basic feature of laws related to chargeability of tax, definition of taxable event, taxable person, basis of classification, basis of value for chargeability of tax shall remain uniform. Further, to an extent uniform procedure for collection of both Central GST and State GST shall be prescribed.

Central GST shall be payable to the account of Central Government whereas State GST shall be payable to the account of State Government. Separate account for these taxes are to me maintained. Input tax credit of Central GST shall be allowed to be utilized for payment of Central GST only and ITC of state GST can be used for payment of State GST only. Cross utilization will not be allowed except in cases of inter state supply of goods and services.

For taxation of inter state transaction, IGST model has been proposed. In the model Centre shall levy IGST, which would be CGST plus SGST. The seller shall pay IGST after adjusting available IGST, CGST and SGST. The importing dealer shall claim credit of IGST paid. The credit from one state shall be transferred to other state using a clearing house mechanism.

Under CGST, these taxes shall be subsumed:
Central Excise Duty
Additional Excise Duties
Excise duty levied on medicinal and toiletries preparation.
Service Tax
Additional Custom Duty (CVD)
Special Additional duty (SAD)
Following state taxes shall be subsumed in state GST:
VAT/Sales Tax
Entertainment Tax
Luxury Tax
Taxes on lottery, betting and gambling
State cesses and surcharges
Entry tax not in lieu of octroi.

Items not covered under GST:

The proposed GST Structure keeps liquor and petroleum products out of the purview of GST. Regarding applicability of GST on natural gas, decision will be taken in course of time. Excise duty, presently levied by the states shall not be affected. Tobacco products shall be subject to GST with input tax credit. Centre shall be allowed to levy state excise duty over GST on tobacco products. GST shall be levied on imported goods and services by centre. Input tax credit shall be available and tax revenue shall go to the state based on following destination principle.

Existing central excise/sales tax concession scheme in the special area is likely to continue. Various schemes if needed shall be converted into cash refund scheme so that chain on input tax credit is not disturbed.
Rate of GST shall be prescribed in due course of time. It is expected to be revenue neutral. It is expected that target date may be met for implementation of GST. Threshold limit proposed for Central GST is 1.5 crores and State GST is 10 lakhs. Further a compounding scheme for state GST is being proposed for turnover till 50 lakhs.

To implement the model various legislative changes and constitutional amendment shall be required. It is expected that draft Central GST Act may be released in course of a few weeks for discussion.

The proposed structure is certainly far better than the existing structure. However, a single GST structure, with tax revenue distributed between Centre & states would have been better for trade. Even in the proposed dual structure, it will be advisable for parliament to make basic law even for State GST, which is possible under the present Constitutional scheme. Nevertheless, politics is not something what ought to be done but it is more about what could be done. Keeping in mind the federal structure of the country, and maintaining the financial autonomy probably this structure was required. On the whole a welcome step.

With the promise to keep you updated on any development on GST,
Rajesh Kumar, Advocate

I am an advocate practicing in the field of Indirect Taxation (Central Excise, Customs, Service Tax), Corporate Taxation, Transfer pricing & International Taxation, FEMA and Foreign Trade Policy and other commercial & economic laws. I have experience in these areas, firstly as Indian Revenue Service officer and later as Consultant & Advocate to handle these matters. I head a full service law firm, in the name of Rajesh Kumar & Associates, who takes up matter in these areas.

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Model of a State Court System - An Overview

This article presents a model of a five court state system. Each court having a specific jurisdiction and performing a separate and distinct function within their jurisdiction. The five courts are: Municipal, District, Superior, Appellate and State Supreme Court.

Municipal courts jurisdiction extends to violations of all city ordinances. They are empowered to decide causes, both civil and criminal, that arise as a result of violation of city ordinances within the city's boundaries.

In the case of criminal violations of city ordinances they shall only impose punishment not to exceed one year in the city jail or a fine not greater than five thousand dollars, or both. The punishment for violation of a city ordinance must be the same as the punishment specified by state law for the same crime.

All civil and criminal judgments they render are subject to review at a higher level either by writ of review or by appeal.

District courts are found strategically located throughout the various regions of a state and are administered by local regional governments depending on the geographic and population makeup of the region. Their jurisdiction extends to civil and criminal matters within their respective regions.

They hear civil matters wherein the claim or amount in issue is not greater than seventy-five thousand dollars. And, they hear all non-felony criminal matters committed within their region whose punishment does not exceed one year in the regional jail, or a fine not greater than five thousand dollars, or both.

All civil and criminal judgments rendered by the court are subject to review at a higher level either by writ of review or by appeal.

Each region has a superior court which is located in the regions seat of government. It hears all civil cases wherein the claim is greater than seventy-five thousand dollars. It has concurrent jurisdiction with the district courts in all non-felony criminal cases. Felony criminal cases are heard in superior court as the court has original jurisdiction in all felony matters.

Superior courts typically have separate departments which are empowered to handle family law matters and all juvenile matters both civil and criminal. Additionally, they hear all appeals from the municipal and district courts.

Depending on population, appellate courts would be assigned to geographical districts. They have appellate jurisdiction in their geographical district. They hear all appeals from below, in their respective district, for both civil and criminal cases. The cases decided by the appellate courts become precedent and further define the statutory law applied in the superior courts.

The supreme court in the state would consist of nine judges. It hears appeals from the appellate courts on both civil and criminal matters. On occasion it will hear an appeal directly from the superior court. The supreme court is the final arbiter of all matters within the state court system. To appeal a finding of the supreme court requires an appeal to the federal court system.

This model court system is designed to provide the people of a state access to their courts to settle both civil and criminal matters. It also provides an orderly distribution of the work load for both civil and criminal matters resulting in a very efficient court system. In addition, this system provides an orderly progression of the appeal process to address errors that may occur in the lower courts.

Dale McIntosh

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Tuesday, November 17, 2009

Can Dentists Commit Malpractice?

Dentists, like all other sorts of health professionals, are responsible for maintaining the highest standards in the care they give to their patients or clients. Because dentists are also health professionals, when they mess up or breach their duty, they too can be found to have committed medical malpractice.

While not quite on the same level as amputating the wrong limb or leaving surgical implements behind in the body cavity, dental malpractice can still carry some significant repercussions in the event that it occurs. First, dentists are the first line of defense against cancers of the mouth. Commonly before an individual notices anything is wrong or feels anything, there will be something visible in the mouth that looks "off" or not quite right. As dentists enjoy such an up close and personal relationship with all of the parts of the mouth, they should notice things like tumors or pre-tumors in the mouth. As a consequence, a dentist may provide a patient with very early notice or early warning or early suspicion of cancer. This can make a huge difference in the treatment necessary and how much tumor has to be removed from the mouth. It also reduces the chances that the cancer will spread to other parts of the body.

Oral surgeons, who are also dentists, are also able to be liable for dental malpractice. Oral surgeons are slightly more at risk because they are engaged in surgery. It would be difficult for an oral surgeon to leave an instrument in the mouth but pulling the wrong tooth or committing any number of potential errors can be equally as damaging. For example, dentists working through the dental implant procedure may place the post for the implant in the wrong position or somehow mess up on the process.

If there are anesthetics involved, there is the potential for a dental error. Using topical anesthetics may trigger an allergic reaction that is on the patient's chart. Missing that minor detail has the potential to be extremely harmful to the patient.

In addition to missing the early stages of oral cancer, a dentist may make early signs of vascular disorders. Because the teeth are such an excellent indicator of problems with circulation, not noticing problems with circulation is a problem. This is not quite as serious as missing an indicator of cancer but is still quite harmful.

Overall, dentists can commit errors just like doctors, despite the small spaces of the mouth.

The Pennsylvania medical malpractice attorneys of Lowenthal & Abrams are available to answer questions that may come up regarding dental malpractice.

Joseph Devine

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Medical Malpractices - Is it Due to Negligence or Human Error?

What is medical Malpractice?

Medical Malpractice occurs when a doctor has failed to take an appropriate action or if he fails to diagnose any proven medical condition or may be even for unreasonably delaying a procedure. Malpractice laws vary from state to state. Various malpractices occur in the field of medicine in Florida. The Medical Profession is one of the most respected in the society. The services rendered by physicians help millions of people around the world. So, care has to be taken while filing any lawsuit against such professionals. Florida Malpractice lawyers will take up the case if the medical practitioner is found to be guilty.

Are you a victim of medical malpractice?

Anybody who has experienced any similar situation as follows is a victim of medical malpractice in Florida. One particular kind of malpractice is that of "informed consent". Let us see it in detail with an example. If some thing happens to the patient while a doctor performs some procedure for which he fails to get the patients' informed consent then the doctor is liable for a malpractice suit. The patient could have been informed of the risks involved, in which case he would have opted out of undergoing such a complex procedure. If a doctor is unable to find out the disease then it would be better to suggest a second opinion.

Medical Error without Harm is yet another kind of malpractice. The patient cannot claim any damages if there is no error on part of the physician. Take a case of a patient who has stomach pain. The doctor treating the patient misdiagnoses the reason to be appendicitis. But later it is found after a surgery that it is because of a perforated ulcer. In this case the patient cannot sue the doctor because in either case surgery was necessary. In case the reason for the stomach pain happens to be only due to indigestion then the doctor is found to be wrong in his diagnosis. He has to be ready to face a lawsuit then.

How to deal with such cases in Florida?

Florida Malpractice lawyers demand huge fees as these cases are generally expensive to litigate. Also there are always limitations forced by statute. It is advisable to take these cases to lawyers who specialize in medical malpractice. Seeking expert opinions and taking cases to trial would help a lot. There have been many incidents where the cost of litigation will exceed the damage claim amount. It is essential to provide the malpractice lawyers you hire with proof of any sort of records that may help the legal procedure. A lot of time and money needs to be spent.

For more information about Florida Malpractice Lawyer.

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Sunday, November 15, 2009

The Truth About Fair Labor Practices

Many individuals do not know everything they should know about fair labor practices and work in a place where labor laws are violated everyday. Knowing the truth about fair labor practices will ensure that you are receiving the right compensation for the work that you do as well as the right treatment from those above you in your work place. There are a number of ways in which employers will attempt to get around fair labor practices and employees should know that it is in no way right for an employer to do this. If you don't already know what your rights are in the workplace you should do some research fast so that you can start being treated fairly at your job.

One common violation in the work place has to do with overtime hours and the amount of pay that you are supposed to receive if you work overtime. Almost all employers are required to pay time and a half for all hours worked above the 40 hour work week. Some of the ways in which employers will try to get around this are by making employees work overtime hours off the clock or by calling such overtime mandatory and refusing to pay the proper compensation for working such additional hours. If you are working more than 40 hours a week and not receiving time and a half pay for it you should talk to your employer or somebody outside of the job immediately. Chances are you work hard for your employer and they should show their appreciation by paying you the way that they are supposed to.

Another common violation occurs often in restaurants. Employers paying servers or waiters have the option of paying such employees a lower minimum wage due to the absent amount being replaced by tip money. The problem with this is that some employers don't allow serving employees to keep all of their tip money. Some employers require servers to split tip money with other employees such as bar tenders, bus boys, or dish washers and in other cases employers will make serving employees work for only tip money. Both of these situations are in violation of the Fair Labor Standards Act and should immediately be reported. It is unlawful for an employer to take advantage of their employees in order better their own personal situation. Employees should not stand for this. If you are in this situation you should contact your local labor board and alert them to your employers actions.

Finally, another common violation is not giving employees proper breaks. Many businesses or establishments are required to give their workers half hour breaks if they work 8 hours or more and 5 - 20 minutes breaks for those that work less than 8 hours. In some cases employers are even required to pay for certain breaks. You should find out what the guidelines are for your particular job so that you can be sure you're being treated fairly. No employee deserves to work in conditions any less than fair so if you are do something about it right away.

Matt Hosty is a successful webmaster and owner of popular and comprehensive Business Gift Baskets web site.

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Train & Railroad Accidents and Railroad Employees

Due to the proliferation of the automobile and the expansion of airline routes and airline availability, the railroad industry has suffered significant losses in both the amount of commuters and transportation of goods and materials. The average person would think that injuries and fatalities related to trains and railroads would remain at almost a constant low. That person would be wrong.

Every year hundreds of people die, are injured, or are exposed to debilitating chemicals while working within this industry. Now that the industry has increased its commuter services due to advances in technology, the threat of derailments, crashes, and other types of accidents rise as well.

Causes of Accidents

There are many different ways an accident can occur, but some of the more common ways an accident occurs is due to human error, defective tracks, broken or wrong signaling, or train equipment malfunction.

Railroad Employee Matters

Many workers who have been injured or exposed to harmful chemicals are unaware of the rights they have under the Federal Employers Liability Act (FELA). FELA permits the use of legal services for railroad employees in matters that require medical expenses, physical or emotional pain and suffering due to an accident or injury, or other matters involving temporary or permanent loss in the body's normal functions. Of course, like any lawsuit, there must be significant indications that the employer was aware of a likely threat, violated specific federal regulations, or could have prevented the damage done to the victim. In cases where a vehicle illegally passes a railroad crossing and causes a wreck, he or she is at fault.

Common physical injuries that railroad employees receive are central to the spine, shoulders, knees, back, and neck. Additional ailments include exposure to asbestos, development of lung cancer, liver disease, liver cancer, and bronchitis. Some employees must be treated with emotional therapy after he or she has witnessed or gone through an accident.

Compensation for damages, whether punitive or compensatory, are dependent on the type of accident and other factors involved with the accident. If the victim lost his or her life in an accident, there are legal authorities that will work to obtain compensation for the family of the victim.

There are many steps involved with the healing process that hopefully occurs immediately after the accident. For additional resources on treatments available and to find out more about employee rights, compensation, and benefits, contact the Las Vegas personal injury lawyers of William Palmer & Associates, P.C. today.

Joseph Devine

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Saturday, November 14, 2009

The Top 3 Ways to Secure Your Ebook From Information Theft

Internet Marketers love selling eBooks because eBooks require one time effort, but you continue to earn money for years to come. I have noticed that fresh marketers, who just enter the world of internet marketing and want to earn money online, also tend to sell eBooks on the World Wide Web. The reason being, once you write your eBook, set up your website, link it to your payment gateway, you are all set to make money online. However, with such ease also comes a risk and it is commonly known as information theft.

It's very easy to steal someone's information if they fail to protect it. Con-artists buy information products, copy the information and then either distribute it online for free or sell it as their own product. This is why a lot of people hesitate to sell eBooks online, because they don't want to see their hard work being used by thieves for profit.

But, there is nothing to worry about as there are ways to protect your eBook from getting stolen. Here are the top 3 ways you can use to secure your eBook from information theft.

1. Prevent Readers from Copying Your Information:

When you create your eBook, make sure you disable the "Copy-Paste" option. This way, a reader won't be able to drag the mouse, select the written information, copy it and paste it into MS Word or other such document. This will assist you tremendously in reducing the chances of information theft. I have noticed that a lot of people don't do this. It is very risky to leave your information open for others to copy. So, always disable this option.

2. Prevent Readers from Printing Your Information:

It is yet another common mistake that eBook creators make. They allow their readers to print out the information. A lot of people argue that if you disable printing, this will irritate the readers as some people like to print out the information instead of reading it on the computer. Well, from experience, I disagree. The reason being, if your information is powerful and will help your readers learn something new, they won't mind it as they also know that the eBook writer took this step to prevent con-artists from stealing the information.

3. Lock the eBook if You Think Someone is Unnecessarily Asking for a Refund:

Unlike physical products, chances of getting defrauded increase of you sell information online. However, if you disable the eBooks of the customers who unnecessarily ask for a refund then you will be able to prevent fraudulent sales significantly. With the click of a mouse, your eBook will be locked and the reader won't be able to open it again, ever.

So, use these 3 tips to secure your eBook from information theft. People do buy information and if you have quality information in your possession, then write an eBook and start selling it online. But, don't forget to secure it.

Learn step-by-step how to sell eBooks easily and securely from your website and without a website using PayPal or 2Checkout. Whether you want to sell photos, eBooks, audios, videos, MP3 -or- any product that can be downloaded, is your one stop solution.

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Five Ways to Protect Your Golf Invention When Licensing Or Selling

A hidden fear usually works at the back of the mind of those who introduce a new idea or product in the market "what if this idea is stolen by someone?" Even in case of golf ideas and products, claiming somebody else's idea as own is not a new issue. Therefore, before selling any golf product or idea it is important to protect your invention.

Listed below are five ways to protect your golf idea:

1. The Inventor's Notebook - When a new product idea comes to mind, the next question that arises is how to protect that idea from thieves and plagiarists. Keeping an inventor's notebook is a good solution as it helps to organize all ideas and information about the invention. In fact, if a dispute arises in the future, this notebook can give legal protection to a product inventor. A notebook having bound pages, not the loose-leaf binders, should be used for this purpose. Electronic recording devices are not advisable for using as an inventor's notebook as they are not considered reliable evidence since they can be easily manipulated.

2. Trademarks - A golf concept or idea can be protected from idea stealers by registering it for a trademark. This applies to golf products and ideas that may or may not have a patent. Trademarks have a certain limit in the protection of an idea. They can't stop someone from manufacturing the same products under a different name or mark, they only protect the mark under which a product is sold. Golf industry advisors suggest that golf product inventors, manufacturers or sellers should register their trademark with the U.S. Patent and Trademark Office (PTO). Using the superscript "TM" after a product name or logo gives a limited trademark protection to the name or the logo.

3. Legal Documentation of Intellectual Property - All entrepreneurs, whether in golf or any other field, thoroughly realize the value of an original product idea, logo, brand name, etc. Legally documenting intellectual property helps inventors to protect their ideas and inventions from being misused by unscrupulous people or to be claimed as their own for their personal benefits. This can be done by filling out a copyright application and is discussed later. The inventor or the creator of a product can also legally document the intellectual property by sending the document to themselves through registered mail; but don't open it.

4. Patent - Inventors of products and concepts 'may' want to consider a patent to protect them when prior to licensing or selling their concepts or golf prototype. According to the Doctrine of Equivalents, patent protection is not limited to the literal elements asserted by a patent. Reasonable equivalents of the listed elements also come under patent protection.

5. Copyright - Copyright laws protect a product name or a copy used for selling a product from being duplicated by competitors or any other person or company for personal profit. The other way round, while marketing or licensing a golf idea or product, make a thorough research about the market so as to avoid intentional or unintentional copying of product name, content, etc. Inexpensive copyright services are available online and can ensure it is done right.

In some cases where an entrepreneur needs to protect the trade secrets, simple Non Disclosure Agreements (NDAs) can help in protection against copying of ideas or products. Locate a group of golf industry professionals to help golf product inventors and entrepreneurs with the protection of golf ideas and products - since both you and they will want to ensure the idea is sound, solid and protected before moving ahead with the launching of a new golf product.

Many golf products are invented by either genius engineering or a simple concept and process. If you have an idea that pertains to the golf industry, receive a Free Inventors Guide to learn more about protecting your idea and then how to market it. Visit us at

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Friday, November 13, 2009

Green Card Through Marriage - 5 Things You Should Know

One of the most common methods of applying for permanent residency in the U.S. is the green card through marriage application. Foreign spouses of U.S. citizens are eligible to submit a green card through marriage application based on their marriage to their U.S. citizen spouse. Unlike other family members, a spouse is considered an "immediate relative" and therefore is not subject to a wait for a green card. In addition, an immediate relative application, such as a marriage green card application, is one of the few immigration applications that provide a "cure" to certain immigration violations, such as unlawful presence or overstaying a visa. This "cure" is particularly attractive to those who are out of status or who have violated their status. In fact, for many foreign nationals, the marriage to a U.S. citizen is their only option of becoming a permanent resident U.S.

It should be noted that a green card through marriage application is not without risks. If not pursued with a high degree of care and caution, the results can be quite harsh. Consequences range from financial loss from application filing fees and a delay of processing to immigration court and removal proceedings, and in some rare cases, criminal prosecution for those whose marriage is not "bona fide". For these reasons it is imperative to pursue your application with the highest amount of care possible.

Please see the below for 5 things every person should consider when applying for a green card through marriage:
# Your marriage must be "Bona Fide": The marriage between you and your spouse needs to be real and entered into for love. The marriage cannot have been entered into for the purpose of receiving a green card or evading any provision of immigration laws. Marriage fraud is a federal crime and each spouse is potentially subject to a penalty of five years imprisonment and a $250,000 fine. The non-U.S. spouse will likely be deported and banned from the U.S. for 10 years.

# The marriage must be legal: This means that both parties are free to marry, all prior divorces have been legally recognized, and the marriage is recognized as legal in the jurisdiction where it took place.

# You must have entered the country with inspection: This is important because if you entered the country without being inspected, you are generally (245(i) may help you out) not eligible to submit an application as an immediate relative through marriage. Likewise, if you entered the U.S. as a crewman you can also not submit an application based on marriage.

# You must be admissible: This is particularly important as committing certain crimes may make you ineligible for the process. In addition, partaking in certain illicit activities or admitting to certain activities may also make you inadmissible.

# You should understand the implications of being out of status: While it is true that a green card through marriage application can cure unlawful presence or overstaying a visa, it can also cause you to be put in removal proceedings if your application is denied. This is why it is so important to carefully prepare your application. A denial for a simple error could result in immigration court and a whole other slew of issues requiring more time and money.

The above is by no means exhaustive and is only meant to give you an idea of some things to think about when considering the marriage green card process.

You can find more information about immigration lawyer Douglas M. Lightman and Lightman Law Firm at the following website:

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More About K3 Visa

The documents those are required from the sponsor's side for a K3 visa, which is being petitioned for, for the purpose of helping a spouse to migrate to the United States are as follows:

* Form 1-130 - A fully completed 1-130 form with the signatures is the first requirement for the K3 visa.
* Citizenship Evidence - A proof of your citizenship would be required to be submitted with the form. This proof could be your US birth certificate, your US passport, your certificate of citizenship, or your naturalization certificate, would be required to be submitted to the USCIS.
* 2G-325A - The biographic data sheets would be required for both the parties involved in the K3 visa petition for the migration.
* Proof of your marriage - A proof of your marriage would be required to be submitted to the USCIS. This requirement would be taken care of by your marriage certificate. In case you do not have one in that case you would have to visit your local marriage registrar and get the same done. A copy of the certificate obtained for this marriage should now be submitted.
* Documents for prior marriage nullification - In case you have had a marriage prior to your current one. Then in that case you would have to provide the relevant documents to state that the previous marriage has been nullified legally. For this you would have to submit your divorce decree or a death certificate in case of death of the previous spouse.
* Photographs - A passport size color photo of you and your spouse, which should not be older than the last 30 calendar days, needs to be given to the USCIS. On the reverse side of the photograph you should print the Alien registration number and the name of your spouse. It's important that you should be doing this printing on the reverse side using a felt pen or a pencil only. Also you need to note that the photograph that is required to be submitted has a specification. In case you are not sure about that you can tell your photographer, about the US visa and the person would know what exactly is to be done.

As per the above mentioned, all the said documents are required to be collected and should be submitted to the USCIS along with the petition of the K3 visa. If you happen to miss out on any of these, in that case chances are that your application would be rejected.

Tushar Mathur writes regularly about Green cards and visas at

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Wednesday, November 11, 2009

An Explanation of Workers' Rights

All workers have certain rights granted to them by federal laws as well as laws from individual states which protect them against workplace accidents and negligent employers. In addition to the benefits experienced by employees, employers benefit from these laws because they increase the productivity of employees. The community benefits from workers' compensation laws as well: the laws keep health costs low.

Injured Workers and Their Rights

If you are an employee in the United States, you should be familiar with your rights as a worker in regard to an injury, accident, and losses experienced in the workplace. These rights include:

Workers' Compensation:

Every worker in the United States is entitled to workers' compensation coverage. If you are hurt on the job or in the workplace, your employer may have a responsibility to help cover the costs of your medical needs. There are exceptions to the rule which vary by situation and state. If you think you are entitled to workers' compensation coverage that you have not received, you might consider seeking legal advice.

Disability Compensation:

If you experience an accident on the job, you may experience injuries that leave you with either temporary or permanent disabilities. These disabilities may even prevent you from returning to your job, forcing you to miss work or forcing you to find other employment. For this reason, disability compensation from your employer can help provide you with funds to help support yourself and your family either during your time of healing or permanently if you are unable to return to work. Depending on your injury, your work history, and your employer, your compensation will vary.


As an employee, you are entitled to proper education about safety, insurance coverage, and legal rights. Your employer is obligated to provide you with this information any time you have any questions about workers' compensation, disability compensation, or injury claims.

Formal Complaints:

You have the right to file a complaint if your employer neglects proper standards of employee safety and care or if you feel you have not gained just compensation for any loss. The Department of Workers' Compensation can provide you with information about complaints, as can your employer, your insurance representative, or a legal adviser.

Despite the rights of all United States workers, some employers fail to properly recognize these rights. In this case it is often advisable to seek legal assistance. For more information about work-related injuries and workers' compensation, contact the Des Moines workers' compensation lawyers of LaMarca & Landry, P.C.
Joseph Devine

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