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We can end sexual assault

Posted by on 10-10-17 in Employment Law | 0 comments

Harvey Weinstein has changed everything. Since the story broke about how heinous behavior with Hollywood’s stars, there has been a growing movement to finally demand a crackdown on sexual assault and sexual harassment. Already, the issue is spreading. Other major media figures are getting called out and started to get the disdain and punishments they deserved. Most recently, the journalist Mark Halperin was let go at his position because of allegations of his misbehavior. This is an excellent start, we as individuals and as a culture need to go further.

For many in this country, these stories are not shocking. Women in the workplace already knew how many men misbehaved. Whether it was inappropriate touching, suggestions, or harassment, or something even worse, most women have experienced some version of this behavior. I say most because statistics suggest 52% of women have experienced sexual harassment in the workplace.

Women are not the only ones who were aware of this problem. Lawyers who specialize in work-related issues have all heard the horror stories and had to deal with the difficulties of proving a case against such men.

It isn’t just the lawyers either. Many male coworkers have been aware to some extent what is going on. Returning to the Weinstein case, Quentin Tarantino is an excellent example. He has come out and apologized for not taking the allegations he hears second- or third-hand more seriously. He said he knew on some level something was going on but he just didn’t want to do anything about it. He is not alone. Many men are aware on some level that something inappropriate is taking place in their offices, in their workplaces, on the subway, and on the street. But they, like many others, have chosen the easier path of ignoring the issue and being in denial.

It seems when the point is really examined, that everyone on some level was aware this was happening throughout our society, but it is only now that anyone has decided to do something about it.

We must not complain that it’s taken long enough. Instead, we should use the energy created by the revulsion of the Weinstein case and push forward to make a proactive change in the culture. The continuing unmasking of sexual predators is a great start, but other things must go along with it.

We should push for legislation to make it easier for women (or men, we must not forget this isn’t exclusively a woman’s problem) to come forward and report on issues of sexual assault or sexual harassment. The great protections people have, the more these cases will come to light.

We have to also work to keep publicizing these stories and demanding action. So far, the story has been one of allegation, denial, public upset, firing and shunning of the guilty person. We need that crucial third step, otherwise, we could return to the time when women stayed silent because they were sure nothing would change for their assaulter, but their own careers would be in jeopardy.

Despite the horrors of these stories, it is important we realize we are at the beginning of a great moment. We can stop sexual harassment in the workplace, we have to stay focused.

The Process of Divorce Arbitration

Posted by on 8-08-17 in Divorce | 0 comments

Couples pursuing divorce may be able to significantly simplify the dissolution of their relationship through divorce mediation or arbitration. These processes involve both partners resolving their divorce agreement through an impartial, third-party mediator or arbitrator, allowing both spouses to reach a fair, equitable resolution to end their marriage.

Divorce arbitration is one of three types of alternative dispute resolutions in divorce; the other two are mediation and litigation. In settling divorce issues, such as child custody, visitation rights, child support, spousal support or alimony, and division of property, assets and debts, arbitration offers the following advantages:

  • A speedy divorce process. As soon as the spouses and the hired arbitrator agree on the date, the place, the issues to be settled and all other conditions surrounding the arbitration, then everything can be expected to proceed much faster than a court litigation.
  • Convenience. Unlike in court litigation, where spouses can only follow the hearing scheduled by the court, in arbitration the schedule can be set by the spouses themselves.
  • It finalizes disputes.  The decisions on all divorce-related issues that will be made by an arbitrator are binding, even if both spouses find these disagreeable. These decisions cannot be appealed to a higher court, making both spouses stuck with all decisions made.
  • Privacy. Unlike court litigations, which can be heard and witnessed by anyone, arbitration is private process, allowing the spouses to keep their past activities hidden.
  • Flexibility and Informality. Aside from being able to choose the arbitrator they want, both spouses can also set the rules of the proceeding, as well as the issues the arbitrator will decide on. This particular advantage also allows the spouses to present their arguments whenever they want.

Arbitration has been used as an alternative dispute resolution for many years; however, not all states recognize it. Couples who want the advantages offered by this procedure will need to ask a lawyer first if this particular divorce process is available in their state.

An article posted in a website with the address www.marshalltaylorlawfirm.com, says, however, that pursuing mediation or arbitration may not be right for every couple, despite all of its advantages. Couples who wish to avoid contentious and drawn-out divorce proceedings, though, are well advised to pursue divorce mediation and/or arbitration, which is extremely beneficial.

 

 

Do’s and Don’ts of High Net Worth Divorce

Posted by on 4-04-17 in Divorce | 0 comments

Do’s and Don’ts of High Net Worth Divorce

Divorce is already complicated on its own, but it becomes even more complicated when it involves high net worth. This is justifiable, because assets and liabilities can affect the financial standing, earning capability, and quality of life of the spouses involved, so it is likely that they are going to act according to their best interests.

DO’S

  1. Do account all your current assets and liabilities. An error in your asset and liability documentation may make you lose assets that are rightfully yours or gain liabilities that are rightfully your partner’s.
  2. Do investigate about financial sophistications. Finance is a complicated thing, so you should investigate the assets your ex-partner’s assets, liabilities, and financial movements. Failing to know these things may put you in a disadvantage in the division of assets and liabilities.
  3. Do consider tax consequences and other new liabilities. Divorce is not just about you and your spouse dividing assets, as there will be new liabilities, such as alimony, spousal support, and tax consequences from the assets you have received.

DON’TS

  1. Don’t let emotion take over. Emotions can be destructive in the legal process, especially if they are negative, such as anger, hatred, guilt, and jealousy, because they may make you do things that can have a negative impact on the divorce agreements.
  2. Don’t sign agreements immediately. According to the website of Kirker Davis, LLP, high net worth divorce may involve a variety of issues, such as valuations of businesses and divisions of stock options. The complexities may be too stressful for you that you will sign everything immediately just to get over them. This can lead to unfair divisions and future financial problems.
  3. Don’t try to hide assets and liabilities. Firstly, hiding assets and liabilities is unethical. Secondly, getting caught of hiding these assets and liabilities may result into the loss of your credibility, which is the very thing that can easily turn around a high net worth divorce case against you.

In Case of Food Poisoning

Posted by on 2-02-17 in Food Poisoning | 0 comments

You go out for dinner at a new restaurant and the food seems great, but a few hours later your stomach aches and you cannot seem to keep anything down. You may have fallen victim to food poisoning, or food borne illness, an illness caused by eating contaminated food.
According to Mayo Clinic, most cases of food poisoning are mild. These victims will experience symptoms such as nausea, vomiting, diarrhea, abdominal pain, or fever; these symptoms should only last a few hours, up to a day. Some cases, however, are more severe and require medical attention. If you are experiencing frequent episodes of vomiting, are unable to keep liquids down, have bloody vomit or stool, severe abdominal pain, a high oral temperature, or signs and symptoms of dehydration, you should see a doctor immediately. Cases such as these can lead to life-threatening situations, loss of income, emotional distress, and expensive medical bills, in addition to pain and suffering.

Food-related illnesses are usually the result of negligence occurring at some point during the food preparation. According to Clawson & Staubes, LLC: Injury Group, some causes of illnesses include: unsanitary preparation, undercooked food, poorly preserved product, mislabeling or defective packaging. Although it may be difficult to identify exactly what caused a food-related illness, it is important to try to identify the party responsible so that they can be held accountable for whatever actions caused the illness. If you suspect that you have food poisoning, monitor your symptoms, seek medical attention if necessary, do your best to identify the source of your illness, and be aware of your rights as a customer.

Difference Between Theft And Robbery

Posted by on 1-01-17 in Criminal Law | 0 comments

While theft and robbery are used interchangeably, there are various differences between the two terms. They are similar because theft and robbery both involves the taking of someone’s personal property. White Plains criminal defense lawyers of the Law Offices of Richard A Portale, P.C. will tell you that the two acts can harm your reputation and may impact your personal as well as professional life. Let us now discuss the difference between theft and robbery.

Theft is an act of taking another person’s property without their knowledge with the aim of permanently depriving that person of the property. Theft is often interchanged with larceny, depending on the state. It is usually prosecuted by the state. When the economy of a state is at stake, the Federal government may handle the case. Theft can either be a misdemeanor or felony depending on the monetary value of the property that was taken.

Aside from that, theft may not involve the presence of a victim. Also, it does not involve the use of a deadly weapon. Theft also includes embezzlement and fraud. The former refers to an employee diverting money from the company for his personal use. The latter is theft that uses tricks to permanently remove someone else’s property.

Robbery, on the other hand, is an act of taking someone else’s property through the use of threat, force, or intimidation. A “holdup” and “stickup” are some common forms of robbery. It always involves the presence of a victim. Robbery is a felony crime and the degree is determined by state laws. In a robbery case, the facts will be examined such as the presence of an accomplice, use of weapons, or the amount of violence used.

There are two types of robbery namely aggravated robbery and Class E felonies. With the first type, a deadly weapon was used. Class E felonies, on the other hand, refers to physical assaults or threats to use force without a weapon.

Protecting Yourself from Insurance Bad Faith

Posted by on 10-10-16 in Insurance Bad Faith | 0 comments

Life is unpredictable. Sometimes, the surprises it offers can be advantageous. Other times, these surprises can be bad news. There’s no way to predict if you’re going to be in a car accident, fall ill, or if you’re going to find your home engulfed by fire. The only way to protect yourself from these accidents is to ensure that you have a reliable backup plan. For many, that safety net is having a reliable insurance policy. Unfortunately, in some occasions, these insurance policies don’t always pan out as planned.

As pointed out by Evans Moore, LLC, there are some insurance companies that, instead of providing the best options for their clients, do what they can to cut corners and limit their own losses. These insurance companies fail to follow through with the benefits they promised their policyholders, leaving them cheated out of the higher premiums they’ve paid for. Those expecting to receive payments that can help them out of troubling situations are often given benefits that are of less value than their owed. Such dodgy practices are known as insurance bad faith and are considered unethical and punishable by law.

Specific instances of insurance bad faith include delayed and denied claims, reduced claims, and insurance fraud. Those that fall victim to such practices might feel discouraged, but it’s important to know that insurance policyholders have rights protected by law. While resolving cases of insurance bad faith can seem complicated, they might be worth pursuing in order to deter companies from fraudulent behavior in the future.

If you believe that you have fallen victim to insurance bad faith, do not hesitate to seek proper legal counsel to for more information. With the assistance of an experience lawyer, you can learn what action to take in order to hold your insurance provider accountable for their illegal practices.

“Alopecia Universalis” or Total Hair Loss on Scalp and Body, the Most Frequent Hair Loss Condition Reported with Taxotere Use

Posted by on 9-09-16 in Taxotere Lawsuit | 0 comments

There may be nothing more wonderful than surviving a cancer diagnosis; however, permanently losing your hair due to a drug that you had been treated with could be heartbreaking as this can cause you to lose your self-confidence as well as enjoyment of life.

Alopecia, or permanent hair loss, is the basis of many current lawsuits filed against Sanofi-Aventis, manufacturer of Taxotere (Generic name is Docetaxel), an intravenous chemotherapy drug. Taxotere was approved by the U.S. Food and Drug Administration (FDA) for treatment of operable node-positive breast cancer in women (it was also approved by the FDA to treat other types of cancer, including non-small cell lung cancer, prostate cancer, gastric cancer, and head and neck cancer).

As early as 2005, permanent hair loss due to Taxotere use was already reported by women patients outside of the U.S. It is, however, alleged that Sanofi-Aventis concealed this risk that is associated with the use of its drug, and incentivized doctors to continue prescribing Taxotere to unsuspecting breast cancer patients. It was only in December of 2015, after being mandated by the FDA, that Sanofi-Aventis began warning U.S. patients of the risk of permanent alopecia if they use Taxotere.

Hair loss is actually a common symptom among those who undergo chemotherapy treatment. Their hair, though, should grow back three to six months after chemotherapy treatment is stopped. A substantial number of women, however, reported no hair growth for as long as ten years after chemotherapy treatment. Many of them complained not just of baldness, but of “alopecia universalis” or total hair loss on the scalp and body (this means that, aside from baldness, they have also lost their eyebrows and eyelashes, and hair growth under arms and around the genital area).

The law firm Williams Kherkher explains that chemotherapy drugs are expected to eradicate or slow the growth of cancer cells without any risk of permanent side effects. This is not exactly the case with the drug Taxotere, however, for though effective, it caused women to lose their hair permanently. Worse, despite Sanofi-Aventis’ alleged knowledge of this side-effect, it is said that the manufacturer concealed this from breast cancer patients to still increase Taxotere sales.

Nursing Homes Are Required to Report Injuries, but Do They?

Posted by on 5-05-16 in Personal Injury | 0 comments

At Beaumont Rehabilitation and Skilled Learning Center in Westborough, Massachusetts, 89-year-old Westminster resident Betty Ford Crane fell from her personal recliner on July 29, 2015, sustaining a head injury; she was then characterized by a nurse the day after the fall to be “lethargic, very unresponsive, and had great difficulty keeping foods, liquids, and medication in her mouth”. However, a physician was not notified of her condition until she died on Aug. 7, 2015.

Beaumont is currently prohibited to train nursing assistants until Dec. 20, 2017.

At Wingate Nursing Home in Lowell, 23-year-old nursing aid Sabrina Costa was charged with assault and battery on a person 60 years of age or older while her co-worker, 22-year-old Kala Lopez, had been charged with permitting abuse on an elder or disabled person after they allegedly filmed inappropriate videos of dementia patients and uploaded them on Snapchat in August 2015.

In 2014, Massachusetts listed around 55 cases of abuse, neglect, and misappropriation that has happened in nursing homes all around the state.

Department of Public Health spokesman Scott Zoback said that it is rquired by both the federal and the state government that a nursing home should notify the resident’s family members if said resident has been involved in an accident that has resulted in the injury, or any untoward incident that would elicit concern from the family members. However, Zoback became vague in the matter of explaining to family members why a resident lost his life, especially if such death was due to a negligence on the part of the nursing home staff.

The website of Crowe & Mulvey, LLP says that Healthcare Reform Statute of 2012 – Massachusetts General Law Chapter 231 Section 60L requires nursing home operators to apologize to residents and their family should the nursing home facility make a transgression against the resident that proved to be detrimental to his/her welfare.

Dangers of Dog Bites

Posted by on 11-11-15 in Personal Injury | 0 comments

Dogs are popular family pets as a result of their skill to be trained and their friendly ways. Many young couples are not unable to securely and efficiently increase children that are small and infants in an environment with canines. Many people are amazed to discover that dog bites are a public health problem that is common considering that the general attitude toward puppies is usually favorable. Every evening almost 1,000 United States people require medical attention for injuries associated with canine bites. People needlessly provoking puppies can cause puppy bites, puppies being protective of their owner’s property, dogs that were inexperienced showing aggression, and several other factors.

Regrettably, children usually experience the most health-related distress from canine attacks. They’re not as capable of protecting themselves against an aggressive dog than adults. Kids can also be much more likely to reach for a puppy suddenly, which cause your dog to respond strongly and can induce anxiety. According to the internet site of Habush Habush & Rottier, these canine attacks in many cases are a premises liability problem. Premises liability lawsuits hold property owners responsible for damages that occur to other people while on their property. Property trespassers aren’t normally ineligible to file a premises liability lawsuit, as the property owner is oblivious of their existence or either didn’t welcome them.

Dog owners can also be kept liable for dog assaults when they aren’t on their home. When their puppy is walking also it attacks someone in a common recreational place, they’re nevertheless liable since the dog is their obligation. Report tendencies demonstrate that most severe dog attacks occur in rural locations though some reports have already been filed of puppy bites occurring in urban and suburban neighborhoods. Non-urban areas aren’t monitored by dog handle as fastidiously as populated areas, so stray dogs are more likely replicate and to wander in neighborhoods that are provincial.

Cruise Ship Excursions: Potential Dangers caused by Inadequate Security

Posted by on 8-08-15 in Personal Injury | 0 comments

A cruise vacation can be a very pleasurable travel experience. On a cruise ship, passengers are provided with luxurious accommodations and amenities while they are transported from one destination to the next. While on board, they can experience the comfort of having access to spacious rooms, buffet restaurants, spas, salons, cinemas and other entertainment facilities, as well as swimming pools and water parks. After the ship docks, passengers can then look forward to sight-seeing and immersing themselves in exotic locales through a variety of activities. Many cruise lines offer on-shore excursion itineraries that include scuba diving, snorkeling, and sailing, as well as hiking, ATV riding, and going on cultural or ecological tours.

While these activities are definitely a cause for excitement, it would be wrong to ignore the risks involved in such excursions. As with anything in life, these excursion activities come with potential dangers that passengers should be aware of. Following proper protocols, cruise lines can ensure that these dangers are mitigated and prevented. However, cases of reckless or negligent behavior can definitely put the safety of passengers on the line. One of the many concerning risks involved in on-shore excursions are accidents caused by inadequate security.

According to the website of the Vucci Law Group cruise ship attorneys, cruise lines that fail to provide passengers with proper security measures put their patrons at risk of stolen items, physical assault, sexual assault, and other cases of violence. Considering these grim outcomes, it’s extremely important that cruise lines have adequate protocols and enough staff members to keep passengers safe as they explore new destinations.

Vacations are a time for relaxation and enjoyment. The idea that a cruise ship vacation can be eclipsed by preventable accidents is very disturbing. As such, it’s crucial that passengers remember that cruise lines are responsible for creating a safe environment where they can get the most out of the experience they were hoping for. Any accident caused by inadequate security during cruise ship excursions should be properly reported by victim. With legal counsel, victims may be able to pursue compensation for the injury or damage caused by the incident.