Lawyers.com Blog

Colodny, Fass, Talenfeld, Karlinsky & Abate's Fred Karlinsky and Richard Fidei Featured in Federation of Regulatory Counsel August 2011 Update

nospam@example.com (Richard J. Fidei) — Wed, 16 May 2012 15:47:51 -0400

Colodny, Fass, Talenfeld, Karlinsky & Abate attorneys Fred Karlinsky and Richard Fidei were featured contributors to the Florida section of the Federation of Regulatory Counsel's ("FORC") August 2011 "FORC Alert." To view the publication, click here. The articles by Mr. Karlinsky and Mr. Fidei are reprinted below.

Enactment of CS/SB 142 Overturns Controversial 2001 Florida Supreme Court Ruling Defining How "Crashworthiness" Motor Vehicle Cases can be Tried

A controversial 2001 Florida Supreme Court ruling that defined how motor vehicle "crashworthiness" cases were tried was overturned with the enactment of CS/SB 142 Relating to Negligence, which Florida Governor Rick Scott signed into law on June 23, 2011.

Fred E. Karlinsky

New Florida Insurance-Related Laws to Expand Commercial Lines, Provide Workers' Comp Extraterritorial Reciprocity and More

Florida Governor Rick Scott signed various insurance-related bills into law on June 17, 2011, among which were CS/CS/HB 99 relating to Commercial Insurance Rates, CS/HB 723 relating to Reciprocity in Workers' Compensation Claims and CS/HB 1087 relating to Insurance.

Fred E. Karlinsky

Eleventh Circuit Court of Appeals Upholds Florida's Cap on Noneconomic Medical Malpractice Damages and Certifies Questions to Supreme Court of Florida -

Recently, in Estate of McCall ex rel. McCall v. U.S., 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. The Court certified questions to the Supreme Court of Florida with respect to the Florida Constitution: 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. To access the opinion, click here.

Richard J. Fidei

Florida Supreme Court Finds 2005 Asbestos Lawsuit Restrictions Unconstitutional

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. Specifically, the 2005 Legislature addressed these claims with the enaction of the Asbestos and Silica Compensation Fairness Act ("ASCFA"), which applied retroactively to all claims other than those already in litigation and raised the burden on claimants. 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. 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. During Florida's 2011 Legislative Session, the ASCFA was proposed as a model to create the "Sinkhole Compensation Fairness Act" 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. To access the corresponding Supreme Court rulings, click here and here.

Richard J. Fidei

Third District Court of Appeal Withdraws Opinion Allowing Bad Faith Claims to Go Forward Solely on Basis of Appraisal Award

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. Since State Farm had not yet suffered irreparable harm - "on the record before us, no discovery pertaining to the bad faith claims or the punitive damages claim has yet been sought or compelled" - the petition for certiorari review was denied. Id. at *3. To view the new Seville Place opinion, click here.

Richard J. Fidei

Boys' Hooded Jackets Recalled by Bonded Apparel; Neck Drawstrings Pose Strangulation Hazard; Sold Exclusively at dd's Discounts

nospam@example.com (Simon W. Johnson) — Wed, 16 May 2012 15:46:03 -0400

Boys' Hooded Jackets Recalled by Bonded Apparel; Neck Drawstrings Pose Strangulation Hazard; Sold Exclusively at dd's Discounts

from PR Newswire

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

Simon W. Johnson

swj@swjlawoffice.com

Law Office of Simon W. Johnson

Martindale, Avvo, Justia, LawGuru

LinkedIn, Twitter, Facebook

Serving Cleveland and Ohio, 44124

Bret Michaels Settles Lawsuit After Injury at Tony Awards

nospam@example.com (Simon W. Johnson) — Wed, 16 May 2012 15:43:15 -0400

Bret Michaels Settles Lawsuit After Injury at Tony Awards

from The New York Times

http://artsbeat.blogs.nytimes.com/2012/05/15/bret-michaels-settles-lawsuit-after-injury-at-tony-awards/

Simon W. Johnson

swj@swjlawoffice.com

Law Office of Simon W. Johnson

Martindale, Avvo, Justia, LawGuru

LinkedIn, Twitter, Facebook

Serving Cleveland and Ohio, 44124

Lawsuit filed against officers in fatal shooting

nospam@example.com (Simon W. Johnson) — Wed, 16 May 2012 15:38:11 -0400

Lawsuit filed against officers in fatal shooting

from triblocal.com

http://triblocal.com/des-plaines/2012/05/15/lawsuit-filed-against-officers-in-fatal-shooting/

Simon W. Johnson

swj@swjlawoffice.com

Law Office of Simon W. Johnson

Martindale, Avvo, Justia, LawGuru

LinkedIn, Twitter, Facebook

Serving Cleveland and Ohio, 44124

California Divorce and Finances

nospam@example.com (Paul A. Pettine) — Wed, 16 May 2012 15:19:14 -0400

One of the challenges of divorce is the necessary division of accumulated wealth during the divorce process. How does property division and spousal support work in California?

Property division and spousal support are leading concerns of any person experiencing divorce. Years of carefully constructed financial stability can be rapidly undone in a contentious divorce. In California, and in Santa Barbara, many family law attorneys have represented clients whose earned wealth was reduced or eliminated by litigated divorce proceedings.

Property division in California

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. Each partner owns half the property in that community. Whatever was bought, got, or acquired during the relationship belongs to that marital estate—even if one party purchased an asset with money only he or she earned. 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.

In California, courts try to divide community property equally, including the following:

Pension and retirement plans
Real property including a home or vacation home
Investment and other income accruing accounts
Debt

Property and income not subject to division is separate property. In California, separate property is property owned before the relationship and maintained separately from the marital estate. Types of separate property might include:

An inheritance
Real property owned prior to marriage
Assets defined under a prenuptial agreement

Spousal support

Spousal support is intended to provide the supported partner with economic means while he or she works to become financially self-supporting. Not usually permanent, provision of spousal support is determined by agreement of the parties, or order of the court upon review of factors bearing on the economic condition of each partner.

If considering divorce, speak with an experienced Santa Barbara family law attorney about what to expect from property division and spousal support laws in California. 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.

Wilson & Pettine, LLP
1006 Santa Barbara Street
Santa Barbara, CA 93101
(805) 564-2191

Continue reading "California Divorce and Finances"

Obtaining a Green Card in San Diego

nospam@example.com (Maxwell C. Agha) — Wed, 16 May 2012 14:24:33 -0400

Banker's Hill Law Firm is a San Diego immigration law office.

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.

In 2010, a study done by the Department of Homeland Security (DHS) found that 392,862 individuals were reported as being "removed from the country". 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 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.

Eligibility Requirements:

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.

Qualify for one of the immigrant categories established in the Immigration (INA).
Have a immigrant petition filed and approved for you.
Have an immigrant visa available.
Be "admissible to the United States.

Family-based Eligibility:
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.

Parents of a U.S. citizen.
Spouses of a U.S. citizen.
Unmarried children under the age of 21 of a U.S. citizen.

Job or Employment Based Eligibility:
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:

Green Card Through a Job Offer.

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, and get a labor certificate.

Green Card Through Investment.

Green cards are available to investors who invest in different enterprises and are helping to create U.S. jobs.

Green Card Through Self Petition.

It is possible to “self-petition” yourself for a green card in the United States, however, this option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.

Green Card Through Special Categories of Jobs.

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:

Afghan/Iraqi Translator
Broadcaster
International Organization Employee
Iraqi Who Assisted the U.S. Government
NATO-6 Nonimmigrant
Panama Canal Employee
Physician National Interest Waiver
Religious Worker

Closing Notes
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’s Hill Law Firm believe that a simple blog about the most common forms of eligibility will “get the ball rolling” 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 to set up a free consultation meeting.

For more information, please visit our website http://www.bhlflaw.com.

Emotional Distress

nospam@example.com (Paul R. Weber) — Wed, 16 May 2012 13:57:41 -0400

A 17 year old is walking home from church with his father when a drunk driver runs him over. The 17 year old is killed instantly, the father is untouched. Should the father be able to recover for his "emotional distress" even though he wasn't physically injured? The insurance company said that its policy only provided coverage for "bodily injuries" so they weren't going to pay anything.

A lawsuit was filed against the insurance company. The trial court found in favor of the father. The insurance company appealed it to the Superior Court. The Superior Court found in favor of the father. The insurance company appealed it to the Supreme Court. The Supreme Court has not yet made a decision... stay tuned.

In your heart you know what is right. You know what justice is. We all do. 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 Bucks County injury lawyer today.

Law Offices of Paul R. Weber
One Oxford Valley
Langhorne, PA 19047
(215) 752-7676

Continue reading "Emotional Distress"

San Diego Bicycle Accident Lawyers Make Injured Victims' Rights Clear

nospam@example.com (Mike Bomberger) — Wed, 16 May 2012 13:45:46 -0400

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:

When traveling as fast as or faster than main traffic
Preparing for a left-turn
Avoiding hazards on the side of the road
When lanes are too narrow to be shared between motorist and cyclist
Traveling past an authorized right-turn area at intersections, parking lot entrances, driveways, etc.

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.

Your Rights to Financial Reparation

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:

Past and future medical bills
Hospitalization costs
Physical therapy
Lost wages
Reduced earnings capacity
Pain and suffering
Occupational rehabilitation

How an Experienced Bicycle Accident Attorney can Help

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 San Diego personal injury law firm 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 San Diego bicycle accident, consult a professional San Diego bicycle accident attorney regarding your rights as soon as possible.

Continue reading "San Diego Bicycle Accident Lawyers Make Injured Victims' Rights Clear"

Recovering Compensation After a San Diego Bicycle Accident

nospam@example.com (Mike Bomberger) — Wed, 16 May 2012 13:40:18 -0400

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’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.

Identifying the Party At Fault

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:

Negligent driver
Employer of the negligent driver
Road maintenance company
Bicycle manufacturer
Roadway design/construction company
Third party driver

Proving Liability in Your Bicycle Accident Claim

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:

Investigating the site of the accident
Examine the state and local traffic laws pertaining to bicycles
Preserve important evidence such as photographs of the accident, witness testimonies, etc.
Enlist the services of a professional accident reconstruction specialist
Gather medical records, police reports, and other official documents

Recovering Your Rightful Compensation

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 bicycle accident. 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 San Diego personal injury attorneys 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 San Diego bicycle accident lawyer today.

Continue reading "Recovering Compensation After a San Diego Bicycle Accident"

An Economist's Proposal to Reform U.S. Immigration By Auctioning Work Visas to the Highest Bidder

nospam@example.com (Timothy D. Widman) — Wed, 16 May 2012 13:36:47 -0400

As reported in the May 14, 2012 edition of the San Jose Mercury News http://www.mercurynews.com/news/ci_20623119/immigration-permit-auction-touted-reform-that-would-aid, a U.C. Davis economist believes that he has landed on a solution to reform the current adjudications-based U.S. immigration system by doling out work permits to the highest bidding company in an auction-type format. At the same time, the article reports, family immigration would be limited to U.S. citizens sponsoring their immediate relatives for green cards.

The proposal as reported in the article sounds appealing in theory, but in practice, I fear that such a system could adversely affect American competitiveness on an industry-by-industry basis, not to mention keep families apart. For example, if a nonprofit organization seeking to hire a cancer researcher had to compete with a Fortune 500 company adding a software engineer to its ranks for the same work visa, the former might be shut out of the visa bidding process, and therefore be unable to develop that novel treatment or cure for cancer.

The U.S. immigration system is in need of serious reform, but simple fixes like that described in the article are unlikely to provide the answer that will satisfy everybody -- and could in fact lead to unintended consequences that would harm our economy and actually discourage legal immigration.

The Law Offices of Timothy D. Widman www.widman-immigrationlaw.com is located in San Jose, California. Attorney Timothy D. Widman can be contacted at (408) 288-6777.

Mike Colodny Named Managing Partner of Colodny, Fass, Talenfeld, Karlinsky & Abate, A Florida Law and Governmental Consulting Firm

nospam@example.com (Katherine S. Webb) — Wed, 16 May 2012 13:05:39 -0400

The law and governmental consulting firm of Colodny, Fass, Talenfeld, Karlinsky and Abate announced on May 11, 2012 that it has named founding partner Mike Colodny as Managing Partner.

Mr. Colodny, who founded the Firm in the mid-1970s with Joel Fass and Howard Talenfeld, successfully developed it into its current prominence in the areas of commercial litigation, insurance regulatory law and governmental consulting. He succeeds Joel Fass, who served for over a decade as Managing Partner and who will now concentrate his practice in the area of complex litigation in state and federal courts.

“Our growth and success is directly attributable to Joel’s leadership and his assembling of a strong team of attorneys,” Mr. Colodny said. “My goal is to ensure that we as a Firm continue to be responsive to the needs of our diverse national and international clients.”

In recent years, Colodny, Fass, Talenfeld, Karlinsky and Abate was named as one of Florida Trend’s Top Five Lobbying Firms for its work in Tallahassee. It also has been recognized for consecutive years by an international insurance publication as one of America’s top two insurance regulatory law practices, and was recently named 2012 Law Firm of the Year by Lawyers World, a publication devoted to corporate law.

Colodny, Fass, Talenfeld, Karlinsky and Abate is ranked by Chambers and Partners, one of the leading evaluators of law firms worldwide, and also holds the status of AM Best’s "Best Recommended Attorneys.”

Mike Colodny Named Managing Partner of Colodny, Fass, Talenfeld, Karlinsky & Abate, A Florida Law and Governmental Consulting Firm

nospam@example.com (Howard M. Talenfeld) — Wed, 16 May 2012 13:02:45 -0400

The law and governmental consulting firm of Colodny, Fass, Talenfeld, Karlinsky and Abate announced on May 11, 2012 that it has named founding partner Mike Colodny as Managing Partner.

Mike Colodny Named Managing Partner of Colodny, Fass, Talenfeld, Karlinsky & Abate, A Florida Law and Governmental Consulting Firm

nospam@example.com (Timothy Fordham Stanfield) — Wed, 16 May 2012 12:59:27 -0400

The law and governmental consulting firm of Colodny, Fass, Talenfeld, Karlinsky and Abate announced on May 11, 2012 that it has named founding partner Mike Colodny as Managing Partner.

Mike Colodny Named Managing Partner of Colodny, Fass, Talenfeld, Karlinsky & Abate, A Florida Law and Governmental Consulting Firm

nospam@example.com (Erin T. Siska) — Wed, 16 May 2012 12:57:39 -0400

The law and governmental consulting firm of Colodny, Fass, Talenfeld, Karlinsky and Abate announced on May 11, 2012 that it has named founding partner Mike Colodny as Managing Partner.

Mike Colodny Named Managing Partner of Colodny, Fass, Talenfeld, Karlinsky & Abate, A Florida Law and Governmental Consulting Firm

nospam@example.com (Trevor B. Mask) — Wed, 16 May 2012 12:55:04 -0400

The law and governmental consulting firm of Colodny, Fass, Talenfeld, Karlinsky and Abate announced on May 11, 2012 that it has named founding partner Mike Colodny as Managing Partner.