http://research.lawyers.com/blogs/ Blogs for Lawyers en Serendipity 1.0.1 - http://www.s9y.org/ Wed, 16 May 2012 20:06:10 GMT http://research.lawyers.com/blogs/archives/20830-FINRA-Issues-May-2012-Disciplinary-Actions.html Arbitration http://research.lawyers.com/blogs/archives/20830-FINRA-Issues-May-2012-Disciplinary-Actions.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20830 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20830 nospam@example.com (Robert H. Rex) The<br /> Financial Industry Regulatory Authority (FINRA) issues a report on <br /> disciplinary and other actions involving registered brokers, investment <br /> advisers and brokerage firms every month. <br /><br /><a href="http://www.finra.org/Industry/Enforcement/DisciplinaryActions/MonthlyActions/2012/" target="&#95;blank">Follow this link</a> to the FINRA website for the entire report for the month of May 2012 as well as to access&#160; earlier time periods.<br /><br />Here are the Florida related actions for May 2012.<br /><br /><br /><b>Global<br /> Transition Solutions, Inc. (CRD #21622, Peoria Heights, Illinois) and <br /> James Edward Zogby (CRD #2549557, Registered Principal, Placida, <br /> Florida)</b>&#160; were censured and fined $10,000, jointly and severally. <br /> The firm and Zogby consented to the described sanctions and to the entry<br /> of findings that the firm entered into an operating agreement with a <br /> non-registered entity by which the nonregistered entity would provide <br /> executive management services and administrative support for which the <br /> member firm would pay for these services. According to the report, the <br /> firm paid approximately $1,050,000 in commissions and<br />fees to the <br /> non-registered entity, and Zogby received a $4,000 monthly fee from the <br /> entity for compliance-related services. The firm improperly paid the <br /> non-registered entity rather than paying compensation, commissionsor <br /> fees directly to the registered representatives who owned the <br /> non-registered entity.<br /><br /><b>Raymond James Financial Services, Inc. ( St. Petersburg, Florida)</b>&#160; the firm was censured, fined $400,000,<br />and<br /> is required to undertake to conduct a comprehensive review of the <br /> adequacy of its AML (anti money laundering) policies and procedures. The<br /> firm consented to the described sanctions and to the entry of findings <br /> that it failed to implement procedures reasonably designed to detect and<br /> cause the reporting of suspicious transactions in the<br />accounts of <br /> its customer who used his brokerage accounts at the firm to conduct a <br /> Ponzi scheme that resulted in losses of approximately $17.8 million to <br /> the individuals who provided funds to him. The findings also stated that<br /> the firm<br />failed to devote adequate resources to its AML program, <br /> failed to adequately investigate suspicious activity in the customer&#8217;s <br /> accounts, failed to implement its AML program to<br />adequately consider <br /> numerous red flags related to the customer&#8217;s accounts, and failed to <br /> conduct adequate due diligence or monitoring of the customer&#8217;s accounts.<br /><br /><b>Ultralat Capital Markets, Inc.</b><br /> ( Miami, Florida)&#160; the firm was censured and fined $20,000 and the firm<br /> consented to the described sanctions and to the entry of findings that <br /> for approximately 10 months, it allowed an individual to serve as its <br /> president and CEO and to act in a General Securities Principal (GSP) <br /> capacity without being so registered or qualified. The findings stated <br /> that although the individual had a General Securities Representative <br /> (GSR) license and had registered to take the GSP exam, he did not pass <br /> it until after he had left the firm. The findings also stated that for <br /> approximately four months, the firm allowed another individual to serve <br /> as its president and CEO, and to act in a GSP capacity without being so <br /> registered. The findings also included that for a total of approximately<br /> 15 months, the firm operated with only one officer or partner who was <br /> registered or authorized to function as a GSP, without a waiver of the <br /> two principal requirement and, for almost a month, the firm operated <br /> without any officer or partner who was registered or authorized to <br /> function as a GSP. <br /><br /><b>Jose Vicente Alvarado ( Registered Representative, Key Biscayne, Florida):</b><br /> was fined $10,000 and suspended from association with any FINRA member <br /> in any capacity for 10 business days. Alvarado consented to the <br /> described sanctions and to the entry of findings that for approximately <br /> 10 months, he served as the president and CEO of, and acted in the <br /> capacity of, a GSP for his member firm, without being registered or <br /> qualified as a GSP. <br /><br /><b>John Brian Busacca III (Registered Principal, Orlando, Florida)</b><br /> fined $30,000 and suspended from association with any FINRA member in <br /> any principal capacity for six months. The SEC sustained the sanctions <br /> following appeal of a NAC decision. The U.S. Court of Appeals denied <br /> Busacca&#8217;s petition for review. The sanctions were based on findings that<br /> Busacca failed to reasonably supervise the firm&#8217;s operations system <br /> conversion and its operations activities to detect and/or prevent <br /> certain violations, including, but not limited to, inaccurate box <br /> counts, erroneous records of customer<br />securities, failure to timely <br /> validate or take exception to transfer instructions, failure to make <br /> timely buy-ins, failure to timely liquidate unpaid-for customer <br /> securities positions<br />in cash accounts in violation of Regulation T of<br /> the Federal Reserve Board and FINRA rules. The findings stated that <br /> Busacca failed to reasonably supervise the firm&#8217;s operations<br />considering<br /> his extensive travel and focus on business development despite his <br /> knowledge of the firm&#8217;s significant operational problems, the lack of <br /> adequate personnel in place to address the firm&#8217;s problems, and <br /> Busacca&#8217;s failure to diligently and promptly address all of the firm&#8217;s <br /> operational issues. The suspension is in effect from April 16, 2012, <br /> through October 15, 2012.<br /><br /><b>Philip Christopher Crescimanno ( Registered Representative, Land O&#8217;Lakes, Florida)</b> was barred from association with any FINRA member in any capacity. <br />Crescimanno<br /> consented to the described sanction and to the entry of findings that <br /> he operated an outside business without providing prompt written notice <br /> to his member firm and failed to obtain the firm&#8217;s approval. The <br /> findings stated that by failing to report that he was an officer of his <br /> company and was involved in its operation, Crescimanno failed to comply <br /> with firm policies and procedures. The findings also stated that <br /> Crescimanno failed to provide on-the-record testimony, materially <br /> impeding FINRA&#8217;s investigation.<br /><br /><b>Paul Andrew Fischetti (Registered Supervisor, Palm Harbor, Florida)</b><br /> was fined $5,000 and suspended from association with any FINRA member <br /> in any capacity for six months. Fischetti consented to the described <br /> sanctions and to the entry of findings that he failed to timely respond <br /> to FINRA requests for information. The suspension is in effect from <br /> April 2, 2012, through October 1, 2012.<br /><br /><b>Harrison A. Hatzis (Registered Principal, Hallandale, Florida)</b> was fined $30,000 and suspended from association with any FINRA member in any capacity for two<br />years.<br /> The NAC imposed the sanctions following appeal of an Office of Hearing <br /> Officers (OHO) decision. The sanctions were based on findings that <br /> Hatzis provided incomplete<br />and inaccurate information concerning his <br /> firm&#8217;s application for FINRA membership and misled FINRA. The findings <br /> stated that Hatzis was responsible for the firm&#8217;s filing<br />of <br /> incomplete and inaccurate membership information and the resultant <br /> misleading of FINRA. The firm failed to accurately, completely and <br /> timely disclose the source and nature of its initial funding and <br /> ownership. The firm&#8217;s membership application and Application for Broker-<br />Dealer<br /> Registration (Form BD) also inaccurately indicated that Hatzis solely <br /> owned the firm, when in fact an entity was the firm&#8217;s sole, direct <br /> owner. The findings also included that the firm misled FINRA concerning a<br /> $250,000 payment under an Investment Agreement and sought to shield the<br /> Investment Agreement from regulatory review. <br />executed the <br /> Investment Agreement.&#160; FINRA found that the firm&#8217;s obligation to forego <br /> $285,000 in net commissions otherwise due from another firm alone <br /> affected a significant aspect of the firm&#8217;s financing and revenues, and <br /> raised considerable questions concerning the firm&#8217;s ability to maintain <br /> adequate net capital. Nonetheless, the firm never disclosed these key <br /> terms to FINRA. <br /><br />The decision has been appealed to the SEC and the sanctions are not in effect pending the appeal.<br /><br /><b>Rudolf Lucian Molnar (Registered Representative, Windermere, Florida)</b><br /> was fined $5,000 and suspended from association with any FINRA member <br /> in any capacity for one month. Molnar consented to the described <br /> sanctions<br />and to the entry of findings that he impersonated customers<br /> in order to expedite the transfer of their accounts from his former <br /> broker-dealer to his new one. The findings stated<br />that in each <br /> instance, Molnar placed a telephone call to his former broker-dealer, <br /> identified himself as the customer, and proceeded to impersonate the <br /> customer, sometimes using<br />the customer&#8217;s personal information. The <br /> findings also stated that the customers had authorized the transfer of <br /> their accounts, but did not authorize the impersonations.<br />The suspension is in effect from April 16, 2012, through May 15, 2012.<br /><br /><b>Sean Donald Premock (Registered Representative, Fort Lauderdale, Florida)</b><br /> was barred from association with any FINRA member in any capacity.&#160; <br /> Premock consented to the described sanction and to the entry of findings<br /> that<br />he facilitated private securities transactions away from his <br /> member firm. The findings stated that Premock was paid commissions from <br /> the sales totaling $18,820 without<br />providing written notice to, or <br /> obtaining approval from, his firm prior to facilitating any of the <br /> investments. The findings also stated that Premock made a series of <br /> material<br />misrepresentations and omissions of fact in connection with <br /> the offering and selling of investment notes, including promising a <br /> monthly minimum rate of return, claiming<br />that the investors&#8217; <br /> principal was safe and would be repaid in its entirety after a period <br /> ranging from nine to 12 months, and representing that investor funds <br /> would be pooled and invested in a fund for the purpose of executing a <br /> unique trading strategy that would protect investor principal by <br /> employing a hedging strategy using reversible convertible<br />notes <br /> (RCNs). Premock did not purchase RCNs, and he used some of the <br /> investment funds for his personal benefit. The findings also included <br /> that Premock prepared and issued monthly and quarterly fund statements <br /> that showed inflated account values. The statements uniformly showed <br /> steady account appreciation based on the accrual of fictitious monthly <br /> interest and cash bonuses. In addition, FINRA determined that Premock <br /> failed to fully respond<br />to FINRA requests for information and <br /> documents. Premock stated that he was unwilling to provide a response to<br /> all of the requested items and that he intended not to comply any <br /> further.<br /><br />We have been helping investors recovery&#160; stock market <br /> and investment losses for more than twenty years. If you have a question<br /> about your account, please do not hesitate to contact us.<br />Nationwide representation<br />Free consultation<br />561391 1900<br /><br /><a href="http://www.Rexsecuritieslaw.com">Rex Securities Law</a> Wed, 16 May 2012 16:05:15 -0400 http://research.lawyers.com/blogs/archives/20830-guid.html http://research.lawyers.com/blogs/archives/20831-State-of-Washington-Directs-Insurance-Companies-on-Regulations-Relating-to-Patient-Protection-and-Affordable-Care-Act-Consumer-Assistance.html Regulatory Law http://research.lawyers.com/blogs/archives/20831-State-of-Washington-Directs-Insurance-Companies-on-Regulations-Relating-to-Patient-Protection-and-Affordable-Care-Act-Consumer-Assistance.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20831 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20831 nospam@example.com (Megan M. Grant) <p /><p></p><p>Pursuant to provisions of the Patient Protection and Affordable Care Act (&quot;PPACA&quot;), which requires insurers and health plans to provide information about the appeals process to consumers, as well as make consumers aware of their state's health insurance consumer assistance or ombudsman programs in denial notices, Washington State Office of the Insurance Commissioner advised that the U.S. Department of Health and Human Services has designated the Washington State Office of the Insurance Commissioner's Consumer Protection Division as the current health insurance consumer assistance office or ombudsman.</p><p>In addition to the PPACA requirements, effective July 29, 2011, new State of Washington emergency regulations require health insurers to <i>&quot;direct appellants to the Office of the Insurance Commissioner's Consumer Protection Division for assistance with questions and complaints&quot;</i><b><i> </i></b><i>WAC 284-43-525(4)(c) </i>at <b><a title="State of Washington Directs Insurers on Patient Protection and Affordable Care Act PPACA Consumer Assistance" href="http://www.insurance.wa.gov/laws&#95;regs/documents/2011-14103E.pdf" mce&#95;href="http://www.insurance.wa.gov/laws&#95;regs/documents/2011-14103E.pdf"><u>http://www.insurance.wa.gov/laws&#95;regs/documents/2011-14103E.pdf</u></a></b><i><b>. </b></i></p><p>For details on how insurers should handle consumer notifications, insurers are directed to review R 2011-14 Grievance and Appeals Rules at <b><a title="State of Washington Insurance Commissioner Directs Insurers on Consumer Assistance with PPACA" href="http://www.insurance.wa.gov/laws&#95;regs/documents/2011-14103E.pdf" mce&#95;href="http://www.insurance.wa.gov/laws&#95;regs/documents/2011-14103E.pdf"><u>http://www.insurance.wa.gov/laws&#95;regs/documents/2011-14103E.pdf</u></a>. </b></p><p>Consumers who need assistance should be directed to the Insurance Consumer Hotline at<b> </b>1-800-562-6900.&#160; A guide to how to appeal a health care insurance decision can be accessed at:&#160; <b><a title="State of Washington Directs Insurance Companies on Regulations Relating to Consumer Helpline and Patient Protection and Affordable Care Act" href="http://www.insurance.wa.gov/consumers/health/appeal/Table-of-Contents.shtml" mce&#95;href="http://www.insurance.wa.gov/consumers/health/appeal/Table-of-Contents.shtml"><u>http://www.insurance.wa.gov/consumers/health/appeal/Table-of-Contents.shtml</u></a></b></p><p>A letter on the issue from Washington Insurance Department Consumer Advocacy Department Manager Mary Childers is attached for review.</p><p></p> Wed, 16 May 2012 16:01:13 -0400 http://research.lawyers.com/blogs/archives/20831-guid.html http://research.lawyers.com/blogs/archives/20829-Cosmopolitan-of-Las-Vegas-hit-with-wage,-discrimination-lawsuit.html Wage and Hour Law http://research.lawyers.com/blogs/archives/20829-Cosmopolitan-of-Las-Vegas-hit-with-wage,-discrimination-lawsuit.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20829 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20829 nospam@example.com (Simon W. Johnson) <p><br /> <br /> Cosmopolitan of Las Vegas hit with wage, discrimination lawsuit</p><p /><p /><p /><p>from Las Vegas Review-Journal</p><p /><p /><p /><p /><p><a href="http://www.lvrj.com/business/cosmopolitan-of-las-vegas-hit-with-wage-discrimination-lawsuit-151669755.html">http://www.lvrj.com/business/cosmopolitan-of-las-vegas-hit-with-wage-discrimination-lawsuit-151669755.html</a></p><p /><p /><p /><p /><a href="http://www.reuters.com/article/2012/03/15/tagblogsfindlawcom2012-decided-idUS241785121820120315"><p /><p /><p /><p /><p /><p /><p>Simon W. Johnson</p><div></div></a><div><a href="mailto:swj@swjlawoffice.com">swj@swjlawoffice.com</a></div><div><a title="Law Office of SWJ" href="http://www.swjlawoffice.com/" target="&#95;blank">Law Office of Simon W. Johnson</a></div><div><a title="Martindale" href="http://www.martindale.com/Law-Offices-of-Simon-W-Johnson/law-firm-31105305.htm" target="&#95;blank">Martindale</a>, <a title="Avvo" href="http://www.avvo.com/attorneys/44113-oh-simon-johnson-1939846.html" target="&#95;blank">Avvo</a>, <a title="Justia" href="http://lawyers.justia.com/lawyer/simon-wynn-johnson-1490836" target="&#95;blank">Justia</a>, <a title="LawGuru" href="http://www.lawguru.com/answers/atty&#95;profile/view&#95;attorney&#95;profile/sjohnson" target="&#95;blank">LawGuru</a></div><div><a title="LinkedIn" href="http://www.linkedin.com/profile/view?id=86764647&locale=en&#95;US&trk=tab&#95;pro" target="&#95;blank">LinkedIn</a>, <a title="Twitter" href="http://twitter.com/#!/InjuryLawyerOH" target="&#95;blank">Twitter</a>, <a title="Facebook" href="http://www.facebook.com/#!/profile.php?id=612530703" target="&#95;blank">Facebook</a></div><div><div><a title="Serving Cleveland and Ohio, 44124" href="http://businessfinder.cleveland.com/11577528/Law-Offices-of-Simon-W-Johnson-Cleveland-OH" target="&#95;blank">Serving Cleveland and Ohio, 44124</a></div></div> Wed, 16 May 2012 15:56:16 -0400 http://research.lawyers.com/blogs/archives/20829-guid.html http://research.lawyers.com/blogs/archives/20828-State-of-Washington-Directs-Insurance-Companies-on-Regulations-Relating-to-Patient-Protection-and-Affordable-Care-Act-Consumer-Assistance.html Insurance http://research.lawyers.com/blogs/archives/20828-State-of-Washington-Directs-Insurance-Companies-on-Regulations-Relating-to-Patient-Protection-and-Affordable-Care-Act-Consumer-Assistance.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20828 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20828 nospam@example.com (Richard J. Fidei) <p /><p>Pursuant to provisions of the Patient Protection and Affordable Care Act (&quot;PPACA&quot;), which requires insurers and health plans to provide information about the appeals process to consumers, as well as make consumers aware of their state's health insurance consumer assistance or ombudsman programs in denial notices, Washington State Office of the Insurance Commissioner advised that the U.S. Department of Health and Human Services has designated the Washington State Office of the Insurance Commissioner's Consumer Protection Division as the current health insurance consumer assistance office or ombudsman.</p><p>In addition to the PPACA requirements, effective July 29, 2011, new State of Washington emergency regulations require health insurers to <i>&quot;direct appellants to the Office of the Insurance Commissioner's Consumer Protection Division for assistance with questions and complaints&quot;</i><b><i> </i></b><i>WAC 284-43-525(4)(c) </i>at <b><a title="State of Washington Directs Insurers on Patient Protection and Affordable Care Act PPACA Consumer Assistance" href="http://www.insurance.wa.gov/laws&#95;regs/documents/2011-14103E.pdf" mce&#95;href="http://www.insurance.wa.gov/laws&#95;regs/documents/2011-14103E.pdf"><u>http://www.insurance.wa.gov/laws&#95;regs/documents/2011-14103E.pdf</u></a></b><i><b>. </b></i></p><p>For details on how insurers should handle consumer notifications, insurers are directed to review R 2011-14 Grievance and Appeals Rules at <b><a title="State of Washington Insurance Commissioner Directs Insurers on Consumer Assistance with PPACA" href="http://www.insurance.wa.gov/laws&#95;regs/documents/2011-14103E.pdf" mce&#95;href="http://www.insurance.wa.gov/laws&#95;regs/documents/2011-14103E.pdf"><u>http://www.insurance.wa.gov/laws&#95;regs/documents/2011-14103E.pdf</u></a>. </b></p><p>Consumers who need assistance should be directed to the Insurance Consumer Hotline at<b> </b>1-800-562-6900.&#160; A guide to how to appeal a health care insurance decision can be accessed at:&#160; <b><a title="State of Washington Directs Insurance Companies on Regulations Relating to Consumer Helpline and Patient Protection and Affordable Care Act" href="http://www.insurance.wa.gov/consumers/health/appeal/Table-of-Contents.shtml" mce&#95;href="http://www.insurance.wa.gov/consumers/health/appeal/Table-of-Contents.shtml"><u>http://www.insurance.wa.gov/consumers/health/appeal/Table-of-Contents.shtml</u></a></b></p><p>A letter on the issue from Washington Insurance Department Consumer Advocacy Department Manager Mary Childers is attached for review.</p><p></p> Wed, 16 May 2012 15:55:54 -0400 http://research.lawyers.com/blogs/archives/20828-guid.html http://research.lawyers.com/blogs/archives/20827-Settlement-of-lawsuit-over-New-York-taxi-rider-frisks.html Police Misconduct http://research.lawyers.com/blogs/archives/20827-Settlement-of-lawsuit-over-New-York-taxi-rider-frisks.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20827 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20827 nospam@example.com (Simon W. Johnson) <p><br /> <br /> Settlement of lawsuit over New York taxi rider frisks</p><p /><p /><p /><p>from Chicago Tribune</p><p /><p /><p /><p><a href="http://articles.chicagotribune.com/2012-05-15/news/sns-rt-us-usa-crime-newyorkbre84e1hf-20120515&#95;1&#95;frisks-livery-robbery-inspection-program-passenger-searches">http://articles.chicagotribune.com/2012-05-15/news/sns-rt-us-usa-crime-newyorkbre84e1hf-20120515&#95;1&#95;frisks-livery-robbery-inspection-program-passenger-searches</a></p><p /><p /><p /><a href="http://www.reuters.com/article/2012/03/15/tagblogsfindlawcom2012-decided-idUS241785121820120315"><p /><p /><p /><p /><p /><p /><p>Simon W. Johnson</p><div></div></a><div><a href="mailto:swj@swjlawoffice.com">swj@swjlawoffice.com</a></div><div><a title="Law Office of SWJ" href="http://www.swjlawoffice.com/" target="&#95;blank">Law Office of Simon W. Johnson</a></div><div><a title="Martindale" href="http://www.martindale.com/Law-Offices-of-Simon-W-Johnson/law-firm-31105305.htm" target="&#95;blank">Martindale</a>, <a title="Avvo" href="http://www.avvo.com/attorneys/44113-oh-simon-johnson-1939846.html" target="&#95;blank">Avvo</a>, <a title="Justia" href="http://lawyers.justia.com/lawyer/simon-wynn-johnson-1490836" target="&#95;blank">Justia</a>, <a title="LawGuru" href="http://www.lawguru.com/answers/atty&#95;profile/view&#95;attorney&#95;profile/sjohnson" target="&#95;blank">LawGuru</a></div><div><a title="LinkedIn" href="http://www.linkedin.com/profile/view?id=86764647&locale=en&#95;US&trk=tab&#95;pro" target="&#95;blank">LinkedIn</a>, <a title="Twitter" href="http://twitter.com/#!/InjuryLawyerOH" target="&#95;blank">Twitter</a>, <a title="Facebook" href="http://www.facebook.com/#!/profile.php?id=612530703" target="&#95;blank">Facebook</a></div><div><div><a title="Serving Cleveland and Ohio, 44124" href="http://businessfinder.cleveland.com/11577528/Law-Offices-of-Simon-W-Johnson-Cleveland-OH" target="&#95;blank">Serving Cleveland and Ohio, 44124</a></div></div> Wed, 16 May 2012 15:52:05 -0400 http://research.lawyers.com/blogs/archives/20827-guid.html http://research.lawyers.com/blogs/archives/20826-Jury-awards-450,000-in-2008-propane-fire-in-motorhome-leased-in-Carson.html Personal Injury http://research.lawyers.com/blogs/archives/20826-Jury-awards-450,000-in-2008-propane-fire-in-motorhome-leased-in-Carson.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20826 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20826 nospam@example.com (Simon W. Johnson) <p><br /> <br /> Jury awards $450,000 in 2008 propane fire in motorhome leased in Carson</p><p /><p /><p /><p>from dailybreeze.com</p><p /><p /><p /><p /><p><a href="http://www.dailybreeze.com/crimeandcourts/ci&#95;20621525/jury-awards-450-000-2008-propane-fire-motorhome">http://www.dailybreeze.com/crimeandcourts/ci&#95;20621525/jury-awards-450-000-2008-propane-fire-motorhome</a></p><p /><p /><p /><p /><a href="http://www.reuters.com/article/2012/03/15/tagblogsfindlawcom2012-decided-idUS241785121820120315"><p /><p /><p /><p /><p /><p /><p>Simon W. Johnson</p><div></div></a><div><a href="mailto:swj@swjlawoffice.com">swj@swjlawoffice.com</a></div><div><a title="Law Office of SWJ" href="http://www.swjlawoffice.com/" target="&#95;blank">Law Office of Simon W. Johnson</a></div><div><a title="Martindale" href="http://www.martindale.com/Law-Offices-of-Simon-W-Johnson/law-firm-31105305.htm" target="&#95;blank">Martindale</a>, <a title="Avvo" href="http://www.avvo.com/attorneys/44113-oh-simon-johnson-1939846.html" target="&#95;blank">Avvo</a>, <a title="Justia" href="http://lawyers.justia.com/lawyer/simon-wynn-johnson-1490836" target="&#95;blank">Justia</a>, <a title="LawGuru" href="http://www.lawguru.com/answers/atty&#95;profile/view&#95;attorney&#95;profile/sjohnson" target="&#95;blank">LawGuru</a></div><div><a title="LinkedIn" href="http://www.linkedin.com/profile/view?id=86764647&locale=en&#95;US&trk=tab&#95;pro" target="&#95;blank">LinkedIn</a>, <a title="Twitter" href="http://twitter.com/#!/InjuryLawyerOH" target="&#95;blank">Twitter</a>, <a title="Facebook" href="http://www.facebook.com/#!/profile.php?id=612530703" target="&#95;blank">Facebook</a></div><div><div><a title="Serving Cleveland and Ohio, 44124" href="http://businessfinder.cleveland.com/11577528/Law-Offices-of-Simon-W-Johnson-Cleveland-OH" target="&#95;blank">Serving Cleveland and Ohio, 44124</a></div></div> Wed, 16 May 2012 15:49:03 -0400 http://research.lawyers.com/blogs/archives/20826-guid.html http://research.lawyers.com/blogs/archives/20825-Colodny,-Fass,-Talenfeld,-Karlinsky-Abates-Fred-Karlinsky-and-Richard-Fidei-Featured-in-Federation-of-Regulatory-Counsel-August-2011-Update.html Regulatory Law http://research.lawyers.com/blogs/archives/20825-Colodny,-Fass,-Talenfeld,-Karlinsky-Abates-Fred-Karlinsky-and-Richard-Fidei-Featured-in-Federation-of-Regulatory-Counsel-August-2011-Update.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20825 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20825 nospam@example.com (Richard J. Fidei) <p /><p>Colodny, Fass, Talenfeld, Karlinsky &amp; Abate attorneys Fred Karlinsky and Richard Fidei were featured contributors to the Florida section of the Federation of Regulatory Counsel's (&quot;FORC&quot;)&#160;August 2011 &quot;FORC Alert.&quot;&#160; To view the publication, click<b> </b><b><a href="http://www.forc.org/public/alerts/31" mce&#95;href="http://www.forc.org/public/alerts/31">here</a></b>.&#160; The articles by Mr. Karlinsky and Mr. Fidei are reprinted below.</p><p></p><p></p><p><b>Enactment of CS/SB 142 Overturns Controversial 2001 Florida Supreme Court Ruling Defining How &quot;Crashworthiness&quot; Motor Vehicle Cases can be Tried</b></p><p>A controversial 2001 Florida Supreme Court ruling that defined how motor vehicle &quot;crashworthiness&quot; cases were tried was overturned with the enactment of <a href="http://www.flsenate.gov/Session/Bill/2011/0142" target="&#95;blank" mce&#95;href="http://www.flsenate.gov/Session/Bill/2011/0142"><b>CS/SB 142 Relating to Negligence</b></a>, which Florida Governor Rick Scott signed into law on June 23, 2011.</p><p><i>Fred E. Karlinsky</i></p><p></p><p><b>New Florida Insurance-Related Laws to Expand Commercial Lines, Provide Workers' Comp Extraterritorial Reciprocity and More</b></p><p>Florida Governor Rick Scott signed various insurance-related bills into law on June 17, 2011, among which were <a href="http://www.myfloridahouse.gov/sections/bills/billsdetail.aspx?BillId=44921" target="&#95;blank" mce&#95;href="http://www.myfloridahouse.gov/sections/bills/billsdetail.aspx?BillId=44921"><b>CS/CS/HB 99</b></a>&#160;relating to&#160;Commercial Insurance Rates, <a href="http://www.flsenate.gov/Session/Bill/2011/0723" target="&#95;blank" mce&#95;href="http://www.flsenate.gov/Session/Bill/2011/0723"><b>CS/HB 723</b></a> relating to Reciprocity in Workers' Compensation Claims and <a href="http://www.flsenate.gov/Session/Bill/2011/1087" target="&#95;blank" mce&#95;href="http://www.flsenate.gov/Session/Bill/2011/1087"><b>CS/HB 1087</b></a> relating to Insurance.&#160;</p><p><i>Fred E. Karlinsky</i></p><p></p><p><b>Eleventh Circuit Court of Appeals Upholds Florida's Cap on Noneconomic Medical Malpractice Damages and Certifies Questions to Supreme Court of Florida</b> -</p><p>Recently, in <i>Estate of McCall ex rel. McCall v. U.S.</i>, No. 09-16375, 2011 WL 2084069, at *1 (11th Cir. May 27, 2011), the Eleventh Circuit Court of Appeals issued an opinion upholding the constitutionality of Florida's limitation on noneconomic damages in medical malpractice cases in that the statute did not violate equal protection under the United States Constitution and did not constitute a taking of private property under the United States and Florida Constitutions.&#160; The Court certified questions to the Supreme Court of Florida with respect to the Florida Constitution:&#160; whether the statute violated the right to equal protection, the right to access to courts, the right to trial by jury, and the guarantee of separation of powers.&#160;&#160;&#160;To access the opinion, click <b><a href="http://www.ca11.uscourts.gov/opinions/ops/200916375cert.pdf" target="&#95;blank" mce&#95;href="http://www.ca11.uscourts.gov/opinions/ops/200916375cert.pdf">here</a></b>.</p><p><i>Richard J. Fidei</i></p><p></p><p><b>Florida Supreme Court Finds 2005 Asbestos Lawsuit Restrictions Unconstitutional</b></p><p>In rulings issued on July 8, 2011, the Florida Supreme Court found that the Florida Legislature acted unconstitutionally in 2005 by placing new restrictions on lawsuits filed by asbestos exposure victims.&#160; Specifically, the 2005 Legislature addressed these claims with the enaction of the Asbestos and Silica Compensation Fairness Act (&quot;ASCFA&quot;), which applied retroactively to all claims other than those already in litigation and raised the burden on claimants.&#160; The ASCFA enumerated various and specific elements of a prima facie case and established that a claimant must establish a prima facie showing of the enumerated elements before being permitted to bring a claim.&#160; Subsequently, ASCFA was challenged on Constitutional grounds and struck down by the Florida Supreme Court because the retroactive application of the ASCFA violates the due process clause of the Florida Constitution.&#160; During Florida's 2011 Legislative Session, the ASCFA was proposed as a model to create the &quot;Sinkhole Compensation Fairness Act&quot; in an effort to control the cost of sinkhole tail claims--those that are made subsequent to the effective termination date of the occurring policy period--by weeding out questionable claims and ensuring that only real sinkhole claims qualify for consideration.&#160; To access the corresponding Supreme Court rulings, click <b><a href="http://www.floridasupremecourt.org/decisions/2011/sc08-1616.pdf" target="&#95;blank" mce&#95;href="http://www.floridasupremecourt.org/decisions/2011/sc08-1616.pdf">here</a></b> and <a href="http://www.floridasupremecourt.org/decisions/2011/sc08-1617.pdf" mce&#95;href="http://www.floridasupremecourt.org/decisions/2011/sc08-1617.pdf"><b>here</b></a>.</p><p><i>Richard J. Fidei</i></p><p></p><p><b>Third District Court of Appeal Withdraws Opinion Allowing Bad Faith Claims to Go Forward Solely on Basis of Appraisal Award</b></p><p>In a July 20, 2011 en banc opinion, the Third District Court of Appeal withdrew its previous opinion in State Farm Florida Ins. Co. v. Seville Place Condominium Association, -- So. 3d ---, 2009 WL 3271300 (Fla. 3d DCA 2009), which had allowed bad faith claims against State Farm Florida Insurance Company to go forward without full resolution of the underlying claims dispute. The new opinion, found at -- So. 3d ---, 2011 WL 2905642, denied appellate review and focused solely on the fact that only insurers facing imminent, irreparable, harm may seek certiorari review of erroneous orders of the trial court. &#160;Since State Farm had not yet suffered irreparable harm - &quot;on the record before us, no discovery pertaining to the bad faith claims or the punitive damages claim has yet been sought or compelled&quot; - the petition for certiorari review was denied. Id. at *3.&#160; To view the new Seville Place opinion, click <a href="http://www.3dca.flcourts.org/Opinions/3D08-2538.reh.pdf" mce&#95;href="http://www.3dca.flcourts.org/Opinions/3D08-2538.reh.pdf"><b>here</b></a>.</p><p><i>Richard J. Fidei</i></p> Wed, 16 May 2012 15:47:51 -0400 http://research.lawyers.com/blogs/archives/20825-guid.html http://research.lawyers.com/blogs/archives/20824-Boys-Hooded-Jackets-Recalled-by-Bonded-Apparel;-Neck-Drawstrings-Pose-Strangulation-Hazard;-Sold-Exclusively-at-dds-Discounts.html Products Liability http://research.lawyers.com/blogs/archives/20824-Boys-Hooded-Jackets-Recalled-by-Bonded-Apparel;-Neck-Drawstrings-Pose-Strangulation-Hazard;-Sold-Exclusively-at-dds-Discounts.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20824 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20824 nospam@example.com (Simon W. Johnson) <p><br /> <br /> Boys' Hooded Jackets Recalled by Bonded Apparel; Neck Drawstrings Pose Strangulation Hazard; Sold Exclusively at dd's Discounts</p><p /><p /><p /><p>from PR Newswire</p><p /><p /><p /><p /><p><a href="http://www.prnewswire.com/news-releases/boys-hooded-jackets-recalled-by-bonded-apparel-neck-drawstrings-pose-strangulation-hazard-sold-exclusively-at-dds-discounts-151534225.html">http://www.prnewswire.com/news-releases/boys-hooded-jackets-recalled-by-bonded-apparel-neck-drawstrings-pose-strangulation-hazard-sold-exclusively-at-dds-discounts-151534225.html</a></p><p /><p /><p /><p /><a href="http://www.reuters.com/article/2012/03/15/tagblogsfindlawcom2012-decided-idUS241785121820120315"><p /><p /><p /><p /><p /><p /><p>Simon W. Johnson</p><div></div></a><div><a href="mailto:swj@swjlawoffice.com">swj@swjlawoffice.com</a></div><div><a title="Law Office of SWJ" href="http://www.swjlawoffice.com/" target="&#95;blank">Law Office of Simon W. Johnson</a></div><div><a title="Martindale" href="http://www.martindale.com/Law-Offices-of-Simon-W-Johnson/law-firm-31105305.htm" target="&#95;blank">Martindale</a>, <a title="Avvo" href="http://www.avvo.com/attorneys/44113-oh-simon-johnson-1939846.html" target="&#95;blank">Avvo</a>, <a title="Justia" href="http://lawyers.justia.com/lawyer/simon-wynn-johnson-1490836" target="&#95;blank">Justia</a>, <a title="LawGuru" href="http://www.lawguru.com/answers/atty&#95;profile/view&#95;attorney&#95;profile/sjohnson" target="&#95;blank">LawGuru</a></div><div><a title="LinkedIn" href="http://www.linkedin.com/profile/view?id=86764647&locale=en&#95;US&trk=tab&#95;pro" target="&#95;blank">LinkedIn</a>, <a title="Twitter" href="http://twitter.com/#!/InjuryLawyerOH" target="&#95;blank">Twitter</a>, <a title="Facebook" href="http://www.facebook.com/#!/profile.php?id=612530703" target="&#95;blank">Facebook</a></div><div><div><a title="Serving Cleveland and Ohio, 44124" href="http://businessfinder.cleveland.com/11577528/Law-Offices-of-Simon-W-Johnson-Cleveland-OH" target="&#95;blank">Serving Cleveland and Ohio, 44124</a></div></div> Wed, 16 May 2012 15:46:03 -0400 http://research.lawyers.com/blogs/archives/20824-guid.html http://research.lawyers.com/blogs/archives/20823-Bret-Michaels-Settles-Lawsuit-After-Injury-at-Tony-Awards.html Personal Injury http://research.lawyers.com/blogs/archives/20823-Bret-Michaels-Settles-Lawsuit-After-Injury-at-Tony-Awards.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20823 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20823 nospam@example.com (Simon W. Johnson) <p><br /> <br /> Bret Michaels Settles Lawsuit After Injury at Tony Awards</p><p /><p /><p /><p>from The New York Times</p><p /><p /><p /><p /><p><a href="http://artsbeat.blogs.nytimes.com/2012/05/15/bret-michaels-settles-lawsuit-after-injury-at-tony-awards/">http://artsbeat.blogs.nytimes.com/2012/05/15/bret-michaels-settles-lawsuit-after-injury-at-tony-awards/</a></p><p /><p /><p /><p /><a href="http://www.reuters.com/article/2012/03/15/tagblogsfindlawcom2012-decided-idUS241785121820120315"><p /><p /><p /><p /><p /><p /><p>Simon W. Johnson</p><div></div></a><div><a href="mailto:swj@swjlawoffice.com">swj@swjlawoffice.com</a></div><div><a title="Law Office of SWJ" href="http://www.swjlawoffice.com/" target="&#95;blank">Law Office of Simon W. Johnson</a></div><div><a title="Martindale" href="http://www.martindale.com/Law-Offices-of-Simon-W-Johnson/law-firm-31105305.htm" target="&#95;blank">Martindale</a>, <a title="Avvo" href="http://www.avvo.com/attorneys/44113-oh-simon-johnson-1939846.html" target="&#95;blank">Avvo</a>, <a title="Justia" href="http://lawyers.justia.com/lawyer/simon-wynn-johnson-1490836" target="&#95;blank">Justia</a>, <a title="LawGuru" href="http://www.lawguru.com/answers/atty&#95;profile/view&#95;attorney&#95;profile/sjohnson" target="&#95;blank">LawGuru</a></div><div><a title="LinkedIn" href="http://www.linkedin.com/profile/view?id=86764647&locale=en&#95;US&trk=tab&#95;pro" target="&#95;blank">LinkedIn</a>, <a title="Twitter" href="http://twitter.com/#!/InjuryLawyerOH" target="&#95;blank">Twitter</a>, <a title="Facebook" href="http://www.facebook.com/#!/profile.php?id=612530703" target="&#95;blank">Facebook</a></div><div><div><a title="Serving Cleveland and Ohio, 44124" href="http://businessfinder.cleveland.com/11577528/Law-Offices-of-Simon-W-Johnson-Cleveland-OH" target="&#95;blank">Serving Cleveland and Ohio, 44124</a></div></div> Wed, 16 May 2012 15:43:15 -0400 http://research.lawyers.com/blogs/archives/20823-guid.html http://research.lawyers.com/blogs/archives/20822-Lawsuit-filed-against-officers-in-fatal-shooting.html Wrongful Death http://research.lawyers.com/blogs/archives/20822-Lawsuit-filed-against-officers-in-fatal-shooting.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20822 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20822 nospam@example.com (Simon W. Johnson) <p><br /> <br /> Lawsuit filed against officers in fatal shooting</p><p /><p /><p /><p>from triblocal.com</p><p /><p /><p /><p /><p><a href="http://triblocal.com/des-plaines/2012/05/15/lawsuit-filed-against-officers-in-fatal-shooting/">http://triblocal.com/des-plaines/2012/05/15/lawsuit-filed-against-officers-in-fatal-shooting/</a></p><p /><p /><p /><p /><a href="http://www.reuters.com/article/2012/03/15/tagblogsfindlawcom2012-decided-idUS241785121820120315"><p /><p /><p /><p /><p /><p /><p>Simon W. Johnson</p><div></div></a><div><a href="mailto:swj@swjlawoffice.com">swj@swjlawoffice.com</a></div><div><a title="Law Office of SWJ" href="http://www.swjlawoffice.com/" target="&#95;blank">Law Office of Simon W. Johnson</a></div><div><a title="Martindale" href="http://www.martindale.com/Law-Offices-of-Simon-W-Johnson/law-firm-31105305.htm" target="&#95;blank">Martindale</a>, <a title="Avvo" href="http://www.avvo.com/attorneys/44113-oh-simon-johnson-1939846.html" target="&#95;blank">Avvo</a>, <a title="Justia" href="http://lawyers.justia.com/lawyer/simon-wynn-johnson-1490836" target="&#95;blank">Justia</a>, <a title="LawGuru" href="http://www.lawguru.com/answers/atty&#95;profile/view&#95;attorney&#95;profile/sjohnson" target="&#95;blank">LawGuru</a></div><div><a title="LinkedIn" href="http://www.linkedin.com/profile/view?id=86764647&locale=en&#95;US&trk=tab&#95;pro" target="&#95;blank">LinkedIn</a>, <a title="Twitter" href="http://twitter.com/#!/InjuryLawyerOH" target="&#95;blank">Twitter</a>, <a title="Facebook" href="http://www.facebook.com/#!/profile.php?id=612530703" target="&#95;blank">Facebook</a></div><div><div><a title="Serving Cleveland and Ohio, 44124" href="http://businessfinder.cleveland.com/11577528/Law-Offices-of-Simon-W-Johnson-Cleveland-OH" target="&#95;blank">Serving Cleveland and Ohio, 44124</a></div></div> Wed, 16 May 2012 15:38:11 -0400 http://research.lawyers.com/blogs/archives/20822-guid.html http://research.lawyers.com/blogs/archives/20821-California-Divorce-and-Finances.html Family Law http://research.lawyers.com/blogs/archives/20821-California-Divorce-and-Finances.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20821 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20821 nospam@example.com (Paul A. Pettine) <p>One of the challenges of divorce is the necessary division of accumulated wealth during the divorce process.&#160; <strong>How does property division and spousal support work in California?</strong></p><p>Property division and spousal support are leading concerns of any person experiencing divorce.&#160; Years of carefully constructed financial stability can be rapidly undone in a contentious divorce.&#160; In California, and in Santa Barbara, many family law attorneys have represented clients whose earned wealth was reduced or eliminated by litigated divorce proceedings.</p><p><strong>Property division in California</strong></p><p>As a community property state, property and debt acquired by a couple in a marriage or registered domestic partnership is considered as belonging to the community formed by the union of that couple.&#160; Each partner owns half the property in that community.&#160; Whatever was bought, got, or acquired during the relationship belongs to that marital estate&#8212;even if one party purchased an asset with money only he or she earned.&#160; If one party was responsible for child care throughout a marriage and was not employed, that partner still shares equally in ownership of assets purchased by the other partner.</p><p>In California, courts try to divide community property equally, including the following:</p><ul><li>Pension and retirement plans</li><li>Real property including a home or vacation home</li><li>Investment and other income accruing accounts</li><li>Debt</li></ul><p>Property and income not subject to division is separate property.&#160; In California, separate property is property owned before the relationship and maintained separately from the marital estate.&#160; Types of separate property might include:</p><ul><li>An inheritance</li><li>Real property owned prior to marriage</li><li>Assets defined under a prenuptial agreement</li></ul><p><strong>Spousal support</strong></p><p>Spousal support is intended to provide the supported partner with economic means while he or she works to become financially self-supporting.&#160; Not usually permanent, <a href="http://www.courts.ca.gov/1038.htm">provision of spousal support</a> is determined by agreement of the parties, or order of the court upon review of factors bearing on the economic condition of each partner.</p><p>If considering divorce, speak with an experienced <a href="http://www.wilsonpettine.com/">Santa Barbara family law attorney</a> about what to expect from property division and spousal support laws in California.&#160; Regardless of whether your marital estate is complex or simple, each case is unique. So make sure you understand the benefits and the disadvantages before you make important financial decisions. Contact us today.</p><p><a href="http://www.google.com/maps/place?cid=11509394258291351454">Wilson &amp; Pettine, LLP</a><br />1006 Santa Barbara Street<br />Santa Barbara, CA 93101<br />(805) 564-2191</p> <br /><a href="http://research.lawyers.com/blogs/archives/20821-California-Divorce-and-Finances.html#extended">Continue reading "California Divorce and Finances"</a> Wed, 16 May 2012 15:19:14 -0400 http://research.lawyers.com/blogs/archives/20821-guid.html http://research.lawyers.com/blogs/archives/20820-Obtaining-a-Green-Card-in-San-Diego.html Immigration http://research.lawyers.com/blogs/archives/20820-Obtaining-a-Green-Card-in-San-Diego.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20820 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20820 nospam@example.com (Maxwell C. Agha) <p>Banker's Hill Law Firm is a&#160;<a href="http://www.bhlflaw.com">San Diego immigration law office</a>.<p /><strong>If you are facing impending deportation or removal from the United states, you may be unaware of the different form of eligibility that could grant you permanent residence.</strong></p>In 2010, a study done by the Department of Homeland Security (DHS) found that &#160;392,862 individuals were reported as being &quot;removed from the country&quot;. Many of these people had jobs, homes, and families that they had become apart of over the years of illegal residency here. A great deal of these people had no idea, but some were in fact eligible for permanent residency. Here at Banker's Hill Law Firm&#160;not only do we provide free legal consultation, but we would also like to show you two of the ways you may be eligible without even realizing it. <br /><br /><b>Eligibility Requirements:</b><br /><br />Before looking at the different types of eligibility you might be able to procure, it is important to understand the general requirements of obtaining a permanent residence.<ul><li>Qualify for one of the immigrant categories established in the Immigration&#160;&#160;(INA).</li><li>Have a immigrant petition filed and approved for you.</li><li>Have an immigrant visa available.</li><li>Be &quot;admissible to the United States.</li></ul><br /><b>Family-based Eligibility:</b><br />One of the most renown forms of eligibility offered is through family. It is renown because it is successful and easy, if you have a family member that matches one of the following guidelines then you are able to obtain a permanent residency. <ul><li>Parents of a U.S. citizen.</li><li>Spouses of a U.S. citizen.</li><li>Unmarried children under the age of 21 of a U.S. citizen.</li></ul><br /><b>Job or Employment Based Eligibility:</b><br />People who want to become immigrants based on employment or a job offer may apply for permanent residence or an immigrant visa abroad. According to the United States Citizenship and Immigration Services, there are 4 different ways of procuring a green card through jobs and employment. They come in the forms of:<ul><li><b>Green Card Through a Job Offer.</b></li></ul>Employment is offered is you hold a permanent employment position in a company or business. In most cases, your employer must Petition for Alien Worker, provide a couple of different forms, &#160;and get a labor certificate.<ul><li><b>Green Card Through Investment.</b></li></ul>Green cards are available to investors who invest in different enterprises and are helping to create U.S. jobs.<ul><li><b>Green Card Through Self Petition.</b></li></ul>It is possible to &#8220;self-petition&#8221; yourself for a green card in the United States, however, &#160;this option is available for either &#8220;Aliens of Extraordinary Ability&#8221; or certain individuals granted a National Interest Waiver. <ul><li><b>Green Card Through Special Categories of Jobs.</b></li></ul>According to the USCIS, There are a number of specialized jobs that may allow you to get a green card based on a past or current job. These jobs include: <ul><li>Afghan/Iraqi Translator</li><li>Broadcaster</li><li>International Organization Employee</li><li>Iraqi Who Assisted the U.S. Government</li><li>NATO-6 Nonimmigrant</li><li>Panama Canal Employee</li><li>Physician National Interest Waiver</li><li>Religious Worker</li></ul><p><br /><b>Closing Notes</b><br />Keep in mind that these are just the most general of selections, and there are many other ways of obtaining a green card. However, we at Banker&#8217;s Hill Law Firm believe that a simple blog about the most common forms of eligibility will &#8220;get the ball rolling&#8221; and fuel any interest you had before. This may seem very complicated at first glance, but there isn't a need to worry. Feel free to contact any immigration attorney in your area, and if you are near San Diego be sure to contact our agents at Banker's Hill Law firm&#160;to set up a free consultation meeting.</p><p>For more information, please visit our website <a href="http://www.bhlflaw.com">http://www.bhlflaw.com</a>.&#160; </p><p /> Wed, 16 May 2012 14:24:33 -0400 http://research.lawyers.com/blogs/archives/20820-guid.html http://research.lawyers.com/blogs/archives/20818-Emotional-Distress.html Automobile Accidents http://research.lawyers.com/blogs/archives/20818-Emotional-Distress.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20818 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20818 nospam@example.com (Paul R. Weber) <p>A 17 year old is walking home from church with his father when a drunk driver runs him over.&#160; The 17 year old is killed instantly, the father is untouched.&#160; Should the father be able to recover for his &quot;emotional distress&quot; even though he wasn't physically injured?&#160;&#160; The insurance company said that its policy only provided coverage for &quot;bodily injuries&quot; so they weren't going to pay anything.</p><p>A lawsuit was filed against the insurance company.&#160; The trial court found in favor of the father.&#160; The insurance company appealed it to the Superior Court.&#160; The Superior Court found in favor of the father.&#160; The insurance company appealed it to the Supreme Court.&#160; The Supreme Court has not yet made a decision... stay tuned.</p><p>In your heart you know what is right.&#160; You know what justice is.&#160; We all do.&#160; If you want a Lion of the Courtroom to fight for justice for you for injuries, pain and suffering, call The Law Offices of Paul R. Weber for an experienced <a href="http://www.paulweberlaw.com/aop/Bucks-County-personal-injury/">Bucks County injury lawyer</a> today.</p><p><a href="http://www.google.com/maps/place?cid=16323544588653455629">Law Offices of Paul R. Weber</a><br />One Oxford Valley<br />Langhorne, PA 19047<br />(215) 752-7676</p> <br /><a href="http://research.lawyers.com/blogs/archives/20818-Emotional-Distress.html#extended">Continue reading "Emotional Distress"</a> Wed, 16 May 2012 13:57:41 -0400 http://research.lawyers.com/blogs/archives/20818-guid.html http://research.lawyers.com/blogs/archives/20817-San-Diego-Bicycle-Accident-Lawyers-Make-Injured-Victims-Rights-Clear.html Personal Injury http://research.lawyers.com/blogs/archives/20817-San-Diego-Bicycle-Accident-Lawyers-Make-Injured-Victims-Rights-Clear.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20817 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20817 nospam@example.com (Mike Bomberger) <p>Bicycle accident victims are often unaware of their rights to file an injury claim after suffering severe injuries as a result of a negligent driver. In California, bicyclists are entitled to the same right-of-way rules that apply to other motorists on the road. Cyclists are not legally required to ride as far right of the road as possible, but can share lanes with other motorists under a variety of circumstances such as: <br /> </p><ul><li>When traveling as fast as or faster than main traffic<br /> </li><li>Preparing for a left-turn<br /> </li><li>Avoiding hazards on the side of the road<br /> </li><li>When lanes are too narrow to be shared between motorist and cyclist<br /> </li><li>Traveling past an authorized right-turn area at intersections, parking lot entrances, driveways, etc. <br /> </li></ul>Even when there are designated bike lanes, riders are not legally obligated to ride in the bike lanes. When a bicycle accident occurs, a professional bicycle accident attorney can help you determine whether the other driver infringed on your rights as a cyclist, causing your accident. <br /> <br /> <p><b>Your Rights to Financial Reparation</b></p><p><br /> If you have been wrongfully injured in a bicycle accident, it is important for you to understand your rights to compensation. Even if you were partially at-fault for your accident, you may still be entitled to receive some compensation for your accident related damages. A qualified bicycle accident lawyer can help you determine whether your eligibility to seek compensation for the damages incurred as a result of your bicycle accident, as well as the types of damages you can claim, including:<br /> </p><ul><li>Past and future medical bills<br /> </li><li>Hospitalization costs<br /> </li><li>Physical therapy<br /> </li><li>Lost wages<br /> </li><li>Reduced earnings capacity<br /> </li><li>Pain and suffering<br /> </li><li>Occupational rehabilitation<br /> <br /> </li></ul><p><b>How an Experienced Bicycle Accident Attorney can Help<br /> </b></p><p>The more severe your injuries, the greater compensation you are owed. However, it is too often the case that serious bicycle accident victims settle for far less than the full and fair compensation they are entitled to. A qualified San Diego bicycle accident attorney from an established <a href="http://www.personal-injury-attorney-in-san-diego.com/"><b>San Diego personal injury law firm</b></a> can evaluate the potential value of your claim and help make sure your rightful compensation will not be compromised. Experienced accident attorneys can help you prepare your claim paperwork, mediate negotiations between you and the insurance company, and litigate the parties at-fault when a fair settlement is not forthcoming. If you or a loved one has been wrongfully injured in a <a href="http://www.personal-injury-attorney-in-san-diego.com/bike-accident-faq.php"><b>San Diego bicycle accident</b></a>, consult a professional <b><a href="http://www.personal-injury-attorney-in-san-diego.com/bike-accident.html">San Diego bicycle accident attorney</a></b> regarding your rights as soon as possible. <br /> <br /> <br /> </p> <br /><a href="http://research.lawyers.com/blogs/archives/20817-San-Diego-Bicycle-Accident-Lawyers-Make-Injured-Victims-Rights-Clear.html#extended">Continue reading "San Diego Bicycle Accident Lawyers Make Injured Victims' Rights Clear"</a> Wed, 16 May 2012 13:45:46 -0400 http://research.lawyers.com/blogs/archives/20817-guid.html http://research.lawyers.com/blogs/archives/20816-Recovering-Compensation-After-a-San-Diego-Bicycle-Accident.html Personal Injury http://research.lawyers.com/blogs/archives/20816-Recovering-Compensation-After-a-San-Diego-Bicycle-Accident.html#comments http://research.lawyers.com/blogs/wfwcomment.php?cid=20816 0 http://research.lawyers.com/blogs/rss.php?version=2.0&type=comments&cid=20816 nospam@example.com (Mike Bomberger) <p>In accidents between a motor vehicle and a bicycle, bicyclists frequently sustain severe injuries that can result in thousands of dollars in damages. When a bicycle accident caused by another party&#8217;s negligence, it is important to identify the party at fault, establish liability, and recover the full and fair compensation that is owed. Because of the severity of injuries that are commonly involved in San Diego bicycle accidents, it is crucial for injured bicyclists to receive a just settlement for the damages and related incidentals incurred by the accident. <br /> <br /> </p><p><b>Identifying the Party At Fault<br /> </b></p><p><b></b>Before bicycle accident victims can file an injury claim, they must first determine who is at fault for causing the accident. Because the amount of compensation you can claim is often limited by the type of insurance coverage the defendant has, potential claimants are encouraged to consult a professional San Diego bicycle accident lawyer who can help you identify all the possible defendants and explore all of your legal options. Depending on the details of your case, parties who may be held liable for you bicycle accident related injuries include: <br /> </p><ul><li>Negligent driver<br /> </li><li>Employer of the negligent driver<br /> </li><li>Road maintenance company<br /> </li><li>Bicycle manufacturer<br /> </li><li>Roadway design/construction company<br /> </li><li>Third party driver<br /> <br /> </li></ul><p><b>Proving Liability in Your Bicycle Accident Claim</b><br /> </p><p>Once the party responsible for your injuries has been identified, the next step would be to prove their liability for your bicycle accident related damages. When a police report does not clearly determine the liable party, a professional bicycle accident attorney can help you establish liability by: <br /> </p><ul><li>Investigating the site of the accident<br /> Examine the state and local traffic laws pertaining to bicycles<br /> </li><li>Preserve important evidence such as photographs of the accident, witness testimonies, etc.<br /> </li><li>Enlist the services of a professional accident reconstruction specialist<br /> </li><li>Gather medical records, police reports, and other official documents<br /> </li></ul><p><b><br /> Recovering Your Rightful Compensation<br /> </b></p><p>Once a claim has been filed with the parties liable for your injuries, if the other party does not challenge their liability, a settlement will be offered. In cases involving serious injuries or wrongful death, the initial settlement offering is rarely reasonable compensation for the damages the claimant suffered as a result of the <b><a href="http://www.personal-injury-attorney-in-san-diego.com/bike-accident-faq.php">bicycle accident</a></b>. Experienced San Diego bicycle accident attorneys can ensure you receive your rightful compensation by negotiating with the insurance companies on your behalf. When an agreement cannot be reached, qualified <a href="http://www.personal-injury-attorney-in-san-diego.com/"><b>San Diego personal injury attorneys </b></a>can defend your rights to full financial reparations before a jury. For more information on how to protect your rights after a serious bicycle accident, consult a <a href="http://www.personal-injury-attorney-in-san-diego.com/bike-accident.html"><b>San Diego bicycle accident lawyer</b> </a>today. <br /> <br /> <br /> </p> <br /><a href="http://research.lawyers.com/blogs/archives/20816-Recovering-Compensation-After-a-San-Diego-Bicycle-Accident.html#extended">Continue reading "Recovering Compensation After a San Diego Bicycle Accident"</a> Wed, 16 May 2012 13:40:18 -0400 http://research.lawyers.com/blogs/archives/20816-guid.html