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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.
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
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.
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.
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.
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.
Summer is fast approaching – and for some people, that means crashing back home and all the creature comforts that dorm rooms don’t offer. Or maybe you’ve stumbled along the state of Wisconsin and into the great city of Milwaukee for some good old fashioned vacation time. Either way, if you’ve found yourself in this city – these are three places that you definitely should not miss!
Cold Spoons is that perfect little taste of Italy in Wisconsin, thanks to their authentically prepared gelato. Have dairy concerns? That’s no concern here! Flavors that particularly stand out are the salted caramel with green apple as well as their delicious almond gelato. Tuesdays are a particularly great day to visit this shop as they offer a free upsize on your gelato – get a medium for the price of a small, or a large for the price of a medium!
Not satisfied? Another place that could satisfy your cravings for something sweet to beat the heat could just be over at Babe’s Ice Cream. In this city, it’s frozen custard that has been all the rage and so it can be difficult to find the little comforts found in ice cream. Babe’s Ice Cream can offer a wide variety of ice creams – a few selections are even completely vegan friendly!
Nite Owl Ice Cream Parlour is the one to visit, however, for something a little more than just ice cream. A visit to this quaint little shop – with its décor that is most definitely retro-chic – can certify an excellent experience that you’ll just keep coming back to. Some of the regulars will claim that you haven’t yet lived a full life until you’ve tried a combo of Nite Owl’s cheeseburger and malt shake. Amazing food and a great atmosphere – this is definitely the place to be to just put your feet up and have a good time!
Do you find yourself in a home cramped with too many things that you simply do not have the heart to throw away? Certainly enough, it is a certainty that people collect a wide array of items throughout their entire lives and some things mean more than others. Why, some items are even passed on from generation to generation. These are some of the ways that people can ensure that there is some memory, some piece of evidence that lives on long after that they are gone that can prove that they were once on this earth.
However, most people do not have the permanent storage space to keep all of these mementos. Sometimes, it’s not even just that – perhaps a place to park a boat or an RV or another car? Or even a place to complete projects you can’t do at home. There are just some things that you can’t always bring with you but you are loathe to the idea that you ought part with them.
Fortunately, there are currently facilities that cater to that need to preserve and keep. These places are called self-storage facilities. These are places that are equipped with security personnel and possibly customizable amenities that can control the temperature where your goods are stored, as an extra precaution. Take for example, units offered at self storage Austin 78727. Whether the weather be over a hundred degrees or near freezing, your goods can weather through any storm thanks to the added protection.
Self-storage facilities come in a wide array of sizes, depending on how much you need to store or the size of the items that you need to keep under lock up for a period of time, and conditions – should they be air-conditioned or not. Each facility has its own conditions and self-storage facilities can sometimes operate on a monthly basis or can extend the lease to a longer duration of time.
Hiring a personal injury lawyer might just seem like an additional expense for most people, especially after suffering from serious injuries or property damages. However, personal injury lawyers generally work on a contingency fee basis, which means they will not get paid until the case is won. Read more about this on the website of the Sampson Law Firm. Lawyers who work on a contingency basis generally are awarded with a certain percent of the compensation award, between 25 and 40 percent (but usually one-third of the compensation award) but it can still vary depending on your agreement. Some states can have shifting percentage of according to the stage of the case or the amount of compensation awarded after the case.
In cases where the case is settled out of court or if the case goes to trial, the amount of lawyer’s fee can increase. Because of this, it is always important to talk with your personal injury lawyer regarding his contingency fee and to review your contract your have both agreed to in regard their legal services. Should there be any questions or things that you do not understand regarding the contract, you should immediately ask your lawyer to explain.
As agreed in your contract, you may or may not be the one responsible for payment of upfront legal fees and other litigation expenses – court filing fees, expert witness fees, court reporter fees, costs of obtaining medical records and police reports. Generally, it is the client who pays for these fees, unless otherwise stated in the legal contract. If you are unable to pay for these fees when they are due, the claim would not likely proceed until the payment has been made. If these fees are paid for by the lawyer (or typically by larger law firms) they will be eventually deducted from the settlement or final judgment.
There are cases where the contingency payment will not be applicable. There are lawyers who would ask for an initial retainer fee in order to begin taking your case, and would collect a certain amount for their contingency fee after the case. The amount that you already paid would then be deducted to the percentage due to the attorney after the case has been finalized. In less-complex injury cases, lawyers can ask for a flat fee arrangement, where the legal representation would just typically require for the drafting and response to a demand letter.
Personal injury lawyers are very important and necessary if the injuries or damages are serious and significant enough. Negotiating a settlement with the insurance company of the other party may be more beneficial if the accident was minor will minimal damages, but if there is considerable medical treatments or property damages, then it would help to hire legal representation. They are important in effectively negotiating the damages and could put pressure on the insurance company to offer a settlement.
There are many kinds of theft, and some are less obvious than others. For example, passing off creative work of another person as your own is in violation of copyright and considered theft. The same goes for appropriating the design of a well-known brand and placing their logo on counterfeit products. But what if you buy counterfeit products? Would that be considered theft?
It could be if you bought an item knowing that it was counterfeit or pirated. There’s a bit of a gray area there, and few ever get prosecuted. Law enforcement usually concentrates on the manufacturers of such products. But if you receive goods that were actually stolen such as a watch or a car, then you could be prosecuted on the same level as the actual thief.
Under the laws of Texas, an individual that knowingly receives stolen goods is just as liable as the person who did the actual deed. A key factor here is knowledge; a person who buys a used smart phone online which turns out to have been stolen is presumably unaware of that fact and cannot be held liable for a good-faith purchase. But a pawnshop owner who buys a genuine Rolex watch from a person who cannot possibly own such an item legitimately is presumed to know or should have known that the item was stolen on the basis of common sense and as part of their responsibility to establish ownership for such items. The same goes for some who buys cars to sell; they know or should have known that failure to produce evidence of ownership makes it suspect.
As discussed on the LOMTL website, any individual can be falsely charged with receiving stolen goods, but an accusation it is not yet a conviction. If you are charged with this offense, you need to establish your defense right away. You can do this most effectively with the help of an experienced criminal defense lawyer in your area.