Lawyers.com Blog

Family of Deceased Hockey Player Files Wrongful Death Lawsuit against NHL

nospam@example.com (Randall H. Scarlett) — Thu, 23 May 2013 19:42:36 -0400

We have watched for years now as thousands of former professional football players have filed lawsuits against the National Football League, claiming that they now suffer from the long-term effects of traumatic brain injuries and that the NFL withheld information regarding the risks they were facing while they were active players. While that lawsuit seemingly continues to grow every week with more players joining the litigation, other sports have largely avoided this legal problem, including those that involve repeated collisions that could put anyone’s brain at risk of serious and permanent injury.

However, another professional sports league in North America has encountered this legal problem. The family of former NHL player Derek Boogaard has filed a wrongful death lawsuit against the National Hockey League. The claims contained in that lawsuit are similar to those that are being made by the former football players and their surviving family members who are seeking damages based on the health problems that they now face. The lawsuit was filed in recent days against the NHL, and the league has yet to respond in any official capacity.

Derek Boogaard was a 28-year-old hockey player who was a member of the Minnesota Wild during his last active NHL season. He was found dead in May of 2011 after ingesting an overdose of pain medication mixed with alcohol. A study of his brain after his death revealed the presence of a condition known as chronic traumatic encephalopathy, or more commonly as CTE. CTE is a progressive brain condition that develops as a result of repeated blows to the head, and it’s typically not discovered until someone has already died. Therefore, there is obviously no treatment for it at this time.

Derek Boogaard was known in NHL circles as an ‘enforcer’ because he was generally not on teams in order to score goals. Instead, he was usually put on the ice to put forth a physical presence that affected the flow of games. He scored only three goals during his six seasons in the NHL. However, he was involved in an estimated 66 fights during his career, and his family feels that these fights along with other collisions are what ultimately led to this accidental overdose. The lawsuit also claims that Mr. Boogaard was addicted to pain medication and abused it.

Obviously, there is no way to comment on the merits of this traumatic brain injury lawsuit without being personally involved in it. However, we should expect these types of claims to continue to be filed in the future until more is learned about CTE and other traumatic brain injuries and until something is done about the repeated blows to the head that athletes endure. We have been serving clients as traumatic brain injury lawyers for decades, and we have seen the devastation that can result from them. If you or someone you love has been harmed in this manner, contact the Scarlett Law Group today to schedule a free initial consultation.

Colorado Won't Let Insurance Companies Get Away With Ignoring You

nospam@example.com (Dianne L. Sawaya) — Thu, 23 May 2013 17:52:52 -0400

In spite of their warm and fuzzy TV commercials, insurance companies have only one thing in mind when looking at your Colorado car accident claim – their bottom line. But some insurance companies take this concept a step further.

Here’s an example: A person is hit and injured by an uninsured driver. When they file an uninsured motorist claim with their own insurance company, they get runarounds, delays and a tiny little settlement offer – or a flat-out denial of their claim. The injustice of this is that the injured person is dealing with their own insurance company. If it was the at-fault party’s insurer, you might understand – but their own insurer?

We call this “bad faith.” If it has happened to you, don’t give up – there’s something you can do. Colorado law says that your insurance company is legally required to treat you fairly. If they unreasonably delay or deny your claim, you can sue them to recover your attorney fees, court costs and two times the covered benefit.

This is a complicated area of the law, though. It’s best to work with a Denver accident attorney from our office. If you’re getting the runaround from your own insurance company, give me a call at (303) 758-4777 or email me. Let’s talk about your situation and your options – there’s no cost or obligation for our first meeting. For more information, see our website at www.dlslawfirm.com.

California DUI Myths

nospam@example.com (A. Kimble Ouerbacker) — Thu, 23 May 2013 15:40:11 -0400

The first moments of a California DUI traffic stop mark the beginning of a potentially complex criminal process. Unfortunately, common myths about DUI cause individuals to make errors in how they handle traffic stops and arrests. If police take you into custody and place you under arrest, you have Miranda rights to protect you from self-incrimination. You must take advantage of your right to an attorney as soon as possible.

Dispelling the myths

Before you consider driving after even one drink, you should review what the California Driver Handbook published by the State of California Department of Motor Vehicles says about state driving laws. Many drivers have certain misconceptions about DUI, including the following:

I can legally drink and drive as long as I am at least 21 years old and my blood alcohol concentration (BAC) measures less than 0.08 percent. California law makes any impaired driving illegal. If police observe you driving erratically, you can potentially face DUI charges even with a low BAC measurement.
I do not have to agree to a BAC test. Police may ask your permission to conduct a Breathalyzer or other BAC test, but you can lose your license if you refuse. Under state implied consent law, you automatically agree to take a test by virtue of driving in California.
The law requires me to agree to field sobriety tests. Police may ask you to take various roadside balance and coordination tests, such as walking a straight line or touching your nose with your eyes closed. Even if they tell you the tests can help your legal case, you do not have to take them. Refusal of field sobriety tests carries no legal consequences, while failing the tests can potentially harm your case.
I can defend myself for other types of driving infractions, so I do not need an attorney for a DUI. Under California law, DUI represents a criminal offense. Just as you would automatically retain an attorney to represent you for other criminal charges, you need to call an attorney with extensive experience representing DUI offenders.

Contact an experienced Ventura DUI lawyer for a free consultation

To schedule a free consultation with an experienced Ventura DUI defense attorney about your Ventura or Santa Barbara DUI case, call The Law Offices of David Lehr at 805-290-4272 today. We handle cases involving DUI in Santa Barbara, Santa Monica, Simi Valley, Malibu, Thousand Oaks, Ventura, Oxnard and Camarillo.

David Lehr Law
789 S. Victoria Avenue, Suite 200
Ventura, CA 93003
Phone: 805-290-4272

Fair Prosecution for Criminal Charges in San Diego? We think so!!!

nospam@example.com (Anthony J. Solare) — Thu, 23 May 2013 14:50:45 -0400

Anthony J. Solare and Alexis L. Scott are Criminal Defense Attorneys in San Diego servicing all of Southern California.

There is a wide range of attitudes in the legal world, especially regarding how a criminal case should be resolved. Obviously, these are things about which reasonable minds will differ. That said, here's something I do not believe: that all prosecutors are jackbooted, mindless, fire-breathing fascists who are sure that every thing that is in every police report is the gospel truth.

My own experience is quite contrary to that. The prosecutors I've encountered in San Diego are thoughtful lawyers who temper their zealous advocacy with compassion, judgment and good critical analysis. The "prosecutorial discretion," the decision of what charges should be brought against a person, gives them a significant power, something most take quite seriously. They most emphatically do no want to be prosecuting someone who is innocent or has a legitimate defense to their actions.

This was clearly demonstrated in a matter I had set for criminal trial recently. The DA's there had the awareness, wisdom and strength of character to dismiss DUI charges against my client, a decision that they rarely make but was well warranted in this case. They fully considered the information we had provided and incorporated these things into their decision-making. While legitimate necessity defenses are uncommon, especially in DUI/DWI cases, the evidence we would have presented at trial would have been compelling. The prosecutors recognized that and made a good call.

Of course, it did not hurt my client's cause any that we have the credibility with the DA's office so that they believed what we said and knew that we could have prevailed at trial. One of the best assets we bring to our cases is our reputation for high ethics and zealous representation of our clients. If you or someone you know needs a well-respected criminal defense attorney who knows how to get things done, call us today for a free consultation.

We have defended individuals in San Diego, California and all of Southern California, including Los Angeles County, Orange County, Imperial County, Ventura County, Riverside County and San Bernardino County. We have handled a very wide variety of criminal charges including but not limited to:

- Assault and Battery

- Sex crimes including sexual abuse, rape, child molestation, and solicitation of prostitution

- Child pornography and Internet crimes

- Theft, Burglary, and Robbery

- Drug Crimes including possession of drugs with intent to sell, drug transportation and distribution, cocaine and methamphetamine charges, medical marijuana, and drug smuggling over the border

- Alien Smuggling

- False Allegations and Accusations

- DUI/DWI defense including Second, Third, and Fourth Offense

- Military Law issues including courts-martial

- Prescription Drug Charges including the illegal use of pain relievers such as Oxycontin

Employees Beware of Complaining

nospam@example.com (Faye Riva Cohen) — Thu, 23 May 2013 13:56:42 -0400

I am frequently contacted by persons who are astonished that they have lost their jobs for what they allege is retaliation for complaining about their supervisors, complaining about some company policy or complaining about their work conditions. What they have in common is that they all believe that their right to complain in general is somehow legally protected. That is certainly not the case for the most part, unless there is some type of law which provides this protection, usually known as awhistleblower law, or there is some legal protection for reporting waste or fraud to a government agency, like the IRS, or an oversight agency in the security industry. Those laws have very specific requirements, and still cannot protect an employee’s job, but they may provide, often many years down the road, a financial award for the reporting person. Workers may be protected if they discuss terms and conditions of employment with one another, but once again, a government agency, such as the National Labor Relations Board, would have to agree to accept their complaint, and the process involved would generally be lengthy and usually not altogether satisfying.

Aside from these limited protections, most employees should be careful about what they complain about, as it may cost them their job. Unless there is some type of discrimination involved, in which case an employee is able to file a complaint with a government agency, an employee has no protection from being terminated. Filing a complaint of discrimination with a government agency also does not protect one’s job, and although employers are not supposed to retaliate against the employee filing the complaint, they often do. Also, even if the employee thinks it isn’t fair that he was terminated and the person he complained about was retained, there is no law that prevents this selection process unless there is discrimination involved. There is not a national workplace anti-harassment law as many employees think there is, and harassment must usually be tied to some protection available under the civil rights laws. Although an employer may have an anti-harassment policy in place, that policy may not have any “teeth” under the law.

I tell these persons that if they had contacted me during the time frame in which they were making the complaint I would have suggested that unless the complaint was extremely important, I may have suggested they not make it at all, or tell them they should have stopped the process if their employer asked them not to pursue it or made an attempt to resolve it, even if the employee wasn’t happy with the attempt. In some cases, I suggest that a lawyer should make the complaint as a buffer between the employee and the employer, and I have been able to save many jobs in this manner, as employers are often reluctant to retaliate against employees if a lawyer is already involved.

Employees are also frequently astonished when they learn that their job is not theirs for life. Pennsylvania is an employment at will state, which means that an employee can usually leave a job at his discretion, unless it violates a contract he has signed, with the converse being that an employer has broad discretion to terminate an employee. The usual response I receive when I ask the employee why, if their situation is so difficult at work, they don’t look for another job, besides the responses that it is a difficult economy, is that they don’t see why they are the one who should leave.

However, a side effect of continuing to complain when an employer asks you to stop, or feels the situation has already been resolved, is that the employer, in addition to terminating the employee, opposes their claim for unemployment compensation and alleges that the employee has committed some willful misconduct which prohibits them from receiving unemployment compensation. This process often results in delay in receipt of compensation, and possibly loss of compensation if the hearing referee rules in the employer’s favor.

Therefore, before one decides they are going to raise issues based on principle, one had better determine the possibility of being terminated, losing unemployment compensation benefits, and receiving a negative reference from their former employer.

You can read this and other posts on Ms. Cohen’s blog, ToughLawyerLady here.

RETURN FROM PARADISE

nospam@example.com (Faye Riva Cohen) — Thu, 23 May 2013 13:54:45 -0400

The
good news is that I have recently stayed in paradise, which is what I call the four
star hotel we stayed at in Sorrento, Italy, where we have stayed many times,
and the bad news is that I usually can’t return there based on my schedule and
the demands of life, more than every 3 to 4 years. I don’t divulge the name of
the hotel because many Americans don’t stay there, instead staying closer to
the bustling town or Sorrento, or seeing the area via a cruise ship, or
arriving via hydrofoil from surrounding areas. The hotel is situated on a cliff
overlooking the beautiful Bay of Naples, with the islands of Capri and Ischia
and Mount Vesuvius visible on clear days. I enjoy meeting the Europeans from
various countries who do stay there, and on this trip we met lovely couples
from two cities in Great Britain and Belgium, who promised to e mail. We were also
visited by a family we met once on our last visit who were there for a
relative’s wedding, and have stayed in touch via e mail.

My
companion, Michael, is of Italian heritage, and speaks the dialect of that
area, and the Italians are delighted that he makes the effort to speak with
them in their own language. The hotel is a grand hotel maintained in pristine
fashion, and every time we arrive we notice that upholstery has been changed,
the entire hotel has been painted, and many improvements have been made. The
hotel is currently owned by the son of the original owner, who we met several
times, and who was a retired lawyer, who passed on in his 90’s after a
wonderful life owning several hotels after he retired from practicing law and
waking each morning to one of the most beautiful views in the world. Hundreds
of guests stay in the hotel daily and sit down for means throughout the day,
enjoying the most attentive service imaginable. We have returned to the same
hotel since the 1990’s, and most of the same staff are still there, and we have
grown older together. It is sobering to see that the young waiters we first
knew are going grey. There are even two female waiters, which is a first.
Consider that this hotel closes from October until May and it is astonishing
that the seasonal staff return year after year and work elsewhere in the off
months. In Europe being a waiter is considered a decent career, although the
pay is not great.

We are
treated like royalty at this hotel, and the best tables are reserved for us,
and if the owner runs into us or seeks us out 2 or 3 times a day, he always
asked how we are doing and if there is anything else that can be done for us.
When we were out shopping one day we stopped into a store owned by the owner’s
wife, which we didn’t realize was the case, and she was so delighted that she
called her husband to tell him we were there and he insisted that she provide
us with a discount on her products. We
met other guests who had also returned to the hotel many times, and each of
them remarked on the level of fine service provided by the hotel, and the
delicious food. In this little corner of the world, the hotel treats everyone
like a celebrity. In fact, we were very surprised during this trip that tips
were often not accepted when we offered them, even by cab drivers. Compare that
behavior to the cabdriver when we arrived in Philadelphia, whose cab didn’t
have working air conditioning in 80 degree heat, and who tried to overcharge
us.

America
is a wonderful and diverse country, and is the land of opportunity. And,
interestingly, the people in paradise often gripe about their limited income,
having to work long hours, and talk about coming to America. But I encourage
them to remain in paradise, because as wonderful as America is, at least for
those of us living in a large city on the East Coast, we dream of having a view
of a beautiful ocean each day, not being stuck in traffic jams, not having to
deal with crowds on a regular basis, being treated like a celebrity, and on many
days, just being treated with common decency, and not anger, distrust, and
argument.

Check out this and Ms. Cohen’s other posts at her blog Toughlawyerlady here.

Lawsuits for Multiple Car Accidents

nospam@example.com (Joel DuBoff) — Thu, 23 May 2013 13:44:48 -0400

Multiple car accidents (otherwise known as multi-vehicle accidents or pileups) are among the most dangerous accidents on the road. They generally occur due to poor visibility and road conditions, but the negligence of one or more of the drivers involved is also commonly to blame.

Determining liability
It can be very difficult to determine who is responsible for a multi-vehicle collision. Although these accidents are typically blamed on the driver of the last car, any driver who was not paying sufficient attention, was driving too fast or did not keep sufficient distance from the car in front of them may be at fault. It is also possible that no one will be liable at all.

In ‘contributory negligence’ states such as Maryland and Washington, D.C., if any of the drivers are found to be as little as one percent at fault for their injuries or for the damage to their vehicle, they will be barred from recovery, unless they can prove that the defendant had the ‘last clear chance’ to avoid the accident. On the flip side, if you are being blamed for the accident, you may be able to avoid liability if you can demonstrate that the other driver(s) contributed to the pileup in even the smallest way.

Maryland’s possible shift to ‘comparative negligence’ is being hotly debated at this time, and if that change is made, in future multiple car accidents, a percentage of fault will be assigned to each driver and their liability will be apportioned in accordance with that percentage.

While multi-vehicle, chain reaction accidents are often analyzed as a series of separate events, each involving two vehicles, it is not always that simple. Many multi-vehicle collisions are far more complicated, involving dozens or even hundreds of vehicles. Experienced accident reconstruction engineers are often retained. Due to the complexity of these accidents, sometimes none of the drivers is found liable and everyone is directed to file claims with their own collision and health insurance companies.

If you are involved in a multiple car accident
If you are involved in a multiple car accident, call the police right away. If you can, take pictures of any damaged vehicles, as well as the road or intersection where the accident occurred. Make sure that no one moves their vehicles until the police have given them permission to do so, and that everyone exchanges names, contact and insurance information.

Helping Maryland car accident victims get the compensation they deserve
For more than 20 years, DuBoff & Associates, Chtd. has been a family-owned and operated law firm. Our Montgomery county auto accident attorneys have extensive experience in settlement negotiation and litigation, and combine aggressive advocacy with tremendous care and compassion for our clients. If you or someone you love has been injured in a collision, we can get you the compensation you deserve. Contact our offices today.

DuBoff and Associates
8401 Colesville Road
Suite 501
Silver Spring, MD 20910

What is Environmental Law in Virginia?

nospam@example.com (Jeffrey R. Adams) — Thu, 23 May 2013 13:11:38 -0400

Environmental law
Environmental law consists of state and federal statutes, common laws and regulations. This body of law protects the environment by preserving wilderness and wildlife along with reducing air pollution, water pollution and hazardous waste. Farming and many manufacturing processes are subject to environmental law. Most sizeable businesses in Virginia work with environmental law attorneys to ensure compliance with regulations and avoid legal actions that could put their company’s operations in jeopardy.

State regulation
For example, Virginia law prohibits waste discharge of toxic substances or any substance that contaminates or impairs the lawful use or enjoyment of Virginia waters. Consequently, farmers, ranchers and industrial companies must consult with Virginia governmental agencies about requirements for their operations. Agencies overseeing waste disposal are the Virginia Department of Environmental Quality (DEQ) and Virginia Marine Resources Commission, in addition to any local agencies.

Federal regulation
Businesses also must be aware of and comply with regulations under various federal government agencies that coordinate environmental protection. Federal agencies dealing with environmental laws include:

*U.S. Department of Agriculture (USDA)
*National Association of State Departments of Agriculture (NASDA)
*Natural Resources Conservation Service (NRCS)
*U.S. Environmental Protection Agency (EPA)

Both federal agencies and Virginia agencies require permits and other compliances for farming and business operations that apply to the following regulatory areas:

*Water quality
*Ground water
*Air water
*Solid waste and hazardous waste
*Pesticides and chemigation
*Wildlife protection

Learn about complying with environmental laws that affect your business
Wharton Aldhizer & Weaver, PLC is one of Virginia's largest and oldest law firms. With offices in Harrisonburg, Staunton, and Lexington, we provide legal services to numerous individuals and businesses throughout Virginia. Our lawyers, who focus on environmental law, can provide innovative legal remedies and representation to meet your needs. Arrange for a free initial consultation.

Wharton Aldhizer & Weaver
100 South Mason Street
P.O. Box 20028
Harrisonburg, VA 22801-7528

Staunton Office
125 South Augusta Street
Suite 2000
Staunton, VA 24401-4223

Lexington Office
15-E North Randolph Street
Lexington, VA 24450-2563

Defenses to Criminal Charges

nospam@example.com (David R. Cannon) — Thu, 23 May 2013 13:11:16 -0400

The news that Olympic sprinter Oscar Pistorius shot and killed his girlfriend Reeva Steenkamp through a bathroom door grabbed headlines worldwide. With Pistorius admitting that he shot Ms. Steenkamp, what possible defenses could he have to the murder charges he faces? Will they hold up?

Though not every crime is as tabloid-worthy as Pistorius’ alleged shooting, there are a number of defenses that are common to all crimes. Defenses can be classified into three categories: Calling into question the elements of the crime, justification, and excuse.

Calling into question the elements of the crime

To secure a conviction, a prosecutor must prove the defendant’s guilt beyond a reasonable doubt. This includes showing not only that the defendant performed the illegal act, but also that he or she did it with a culpable mental state. Defense strategies can challenge one or both of these points.

Through careful cross-examination and discrediting of prosecution witnesses, rebuttal of prosecution evidence or through an alibi which establishes that the defendant couldn’t have committed the alleged crime, an experienced defense attorney can call into question the prosecution’s assertions that the defendant committed the criminal act.

The defense can also challenge that the defendant had the required mental state to commit a particular crime. Some actions constitute a crime only if a defendant acts knowingly. For example, the defense might raise the reasonable possibility that the defendant’s action was not done knowingly, but negligently or recklessly, and that defendant is therefore not guilty of the alleged crime.

Justification

Justification defenses assert that, in this particular case, committing the crime was the right thing to do. Self-defense is a classic example - if someone tries to kill you and you kill him instead, in self-defense, you are not guilty of a crime because you were justified in doing so.

Excuse

Excuse defenses appeal to the judge or jury to recognize that even though the defendant committed the crime and was wrong to do so, it is not fair to hold him or her responsible because of special circumstances under which almost anyone in the same situation would have committed the same crime. The defendant committed the crime, but is “excused.” Duress is a prominent example. Arkansas law provides that if someone was forced to perform a criminal act by a “threat or use of unlawful force” that would have overwhelmed most people, then the person cannot be held responsible for the crime.

Another example is entrapment, which occurs when police use persuasive tactics to cause a “normally law-abiding person to commit the offense.”

Every criminal case is unique and requires a different, personalized defense plan. An experienced Arkansas criminal defense attorney can help you build the strongest possible defense if you are charged with a crime.

An Arkansas criminal defense law firm fights for your rights

The Cannon Law Firm has over a decade of success defending people accused of all types of crimes. If you have been arrested or are facing prosecution, contact our office today for a personal free consultation to see how we can help you.

The Cannon Law Firm

425 West Broadway

Suite A

North Little Rock, AR 72114

I've Been in an Accident with an Uninsured Driver. Who Pays for My Damages?

nospam@example.com (Ronald M. Graham) — Thu, 23 May 2013 11:38:51 -0400

For accident victims to recover compensation in accidents caused by uninsured motorists, they must have insurance that covers the damage amounts. When purchasing auto insurance, Pennsylvania drivers can choose from different types of auto insurance policies, including liability insurance, full tort, limited tort, uninsured motorist and underinsured motorist coverage. The limits established by the insurance policy and the extent of damage incurred through the accident determine whether an insurance company covers all damages.

The Pennsylvania Department of Transportation explains that all motor vehicles subject to registration in Pennsylvania must be covered by liability insurance. Pennsylvania law requires the following minimum liability insurance coverage limits:

-$15,000 for injury or death of one person in an accident
-$30,000 for injury or death of more than one person in an accident
-$5,000 for damage to property of another person

Minimum liability coverage pays up to $5,000 in medical bills for injury sustained by the policy holder regardless of fault.
When an uninsured motorist causes an accident, uninsured motorist insurance covers bodily injury expenses for policyholders and passengers riding in their cars. It also covers injuries sustained in hit-and-run accidents. To recover the compensation, a Harrisburg car accident attorney can bring an arbitration claim on behalf of the policy holder against the insurance company.

Protect your rights in an uninsured motorist accident
Graham & Mauer, PC is a Pennsylvania law firm with offices in Harrisburg and the Philadelphia area. The firm focuses its legal practice on personal injury cases and is dedicated to fighting insurance companies so clients receive deserved compensation. Call toll free 1-800-218-0808 or contact us online to schedule a free consultation.

Graham & Mauer, P.C.
1220 Valley Forge Road
Suite 7
Valley Forge, PA 19482
1.800.218.0808

How is Child Custody Determined in Rhode Island?

nospam@example.com (Evan M. Kirshenbaum) — Thu, 23 May 2013 11:26:45 -0400

Parents have options for various child custody arrangements in Rhode Island. They often use an attorney to help them arrive at out-of-court settlements or take a custody case to trial. Either way involves the courts, which render decisions through trial or approve the couple’s settlement agreement.

The two main aspects of child custody are physical custody—which parent the child resides with—and legal custody—which parent makes major decisions regarding education, medical treatment and religious upbringing. Parents can decide on joint custody where they share responsibilities of legal and physical custody. Or one parent can assume all the responsibilities, referred to as sole custody. Talk to Rhode Island child custody attorneys regarding which option is most appropriate for your situation.

Factors that influence child custody determinations

Understanding the factors that influence a court’s custody determination can help parents create custody arrangements. The basic child custody tenet is acting in the best interests of the child. However, Rhode Island has no statutes that provide specific child custody guidelines, and consequently guidelines arise out of Rhode Island case law. When the RI Supreme Court ruled in Pettinato v. Pettinato, it based the custody determination on the following factors:

Wishes of the child's parents or parents regarding the child's custody

Reasonable preference of the child if the court deems the child to be of sufficient intelligence, understanding and experience to express a preference

Interaction and interrelationship of the child with the child's parent or parent's, siblings and any other person significantly affecting the child's best interest

Child's adjustment to the child's home, school, and community

Mental and physical health of all individuals involved

Stability of the child's home environment

Moral fitness of the child's parents

Willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and other parent

Rely on experienced lawyers

Since 1964, Kirshenbaum Law Associates has been a Warwick, Rhode Island law firm dedicated to providing high caliber representation and legal services. Find out how we can assist you with child custody, support, or visitation issues. Contact us online or call 401.467.5300 today.

Kirshenbaum Law Associates

67 Jefferson Boulevard

Warwick, RI 02888

401.467.5300

STATE FARM FACES WRONGFUL TERMINATION CLAIM

nospam@example.com (David J. Linesch) — Thu, 23 May 2013 11:23:59 -0400

A Braxton County man is suing State Farm Mutual Automobile Insurance Company for wrongfully terminating his employment because of his age.

Mary Adkins, an employee of State Farm, was also named as a defendant in the suit.

Richard M. Roach Jr. was employed for approximately 23 years as a claims representative for State Farm in West Virginia, handling claims in the company’s first-party claims unit, according to a complaint filed May 3 in the U.S. District Court for the Southern District of West Virginia at Charleston.

Roach claims during the course of his employment, he was entrusted to investigate, evaluate and mediate first-party claims made by State Farm’s policyholders and over the course of his employment, he was promoted numerous times, received positive evaluations and awards for exemplary customer service.

State Farm has recently begun implementing a series of cost-saving measures, including elimination of voluntary overtime and employee amenities, implementation of mandatory overtime and efforts to eliminate older employees believed to be more highly-compensated that younger employees, according to the suit.

Roach claims beginning in July 2011, Adkins began a campaign of petty harassment against him, disciplining him for purported infractions, such as clicking his computer mouse too quickly, tossing a notebook onto his desk with too much force for her liking, for tossing a pen inside his cubicle and for using his cell phone where other employees were not similarly disciplined.

Adkins also made negative comments about Roach’s attire, even though he never wore anything inappropriate to work, according to the suit.

Roach claims on Sept. 11, he agreed to help an acquaintance and State Farm insured negotiate a settlement with Nationwide Insurance Company following a motor vehicle accident, as the acquaintance felt that she was being bullied by the Nationwide adjuster assigned to the claim.

As Roach was helping the acquaintance, he helped her on his own time, in an unofficial capacity and without the use of any of State Farm’s resources, according to the suit.

Roach claims on Sept. 21, he was informed he was being placed on administrative leave for assisting with his acquaintance’s claim, and he was informed that was “acting like a lawyer,” and that he was giving the appearance that was “working on the side.”

Following his placement on administrative leave, Roach was informed on Oct. 10, that his employment was being terminated for a conflict of interest based upon “his relationship with Nationwide Insurance,” according to the suit, and no one at State Farm was ever able to explain to Roach what actions he had taken that specifically constituted a conflict of interest.

Roach claims he believes his termination was motivated in whole or in part by a desire on the part of State Farm to rid itself of older employees and after his termination, the defendant failed to pay his final wages within 72 hours of termination.

State Farm is liable to Roach for the unpaid amount, as well as for liquidated damages in a sum of three times the amount, according to the suit.

Roach is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Harry F. Bell Jr. and Jonathan W. Price of the Bell Law Firm PLLC.

If you have any questions about wrongful termination, please contact our Firm: Laborlaw@Lineschfirm.com

Article by Kyla Asbur, visit: The West Virginia Record

_{The Linesch Firm provides news and opinion articles as a service to our readers. Often these articles come from sources outside of our organization. Where possible, the source is documented within each article as well as a link to the article’s source. For more information about The Linesch Firm, please visit our website: www.LineschFirm.com. If you have questions about employment matters and would like to consult a Board Certified Labor Attorney, please contact our Firm.}

David Allen - $48 Million Verdict Is Appealed

nospam@example.com (David Allen) — Thu, 23 May 2013 10:30:05 -0400

A twin engine plane crashes and kills five people. The families of the five bring claim against the manufacturer of the plane. Evidence presented to the jury showed the manufacturer of the blades knew they were defective. The jury voted for a verdict in favor of the families in the amount of $48 million. The defendants appealed arguing there was insufficient evidence to show the blades were defective. Attorney David Allen discusses what the court did on appeal. To view David Allen's analysis of this case, click on the You Tube link: http://youtu.be/UE0X1tb0-VI

David Allen & Associates helping injured and disabled people throughout the west for 30 years.

We offer successful representation in Personal Injury, Social Security Disability and Insurance Disability claims.

Visit our offices for a free initial consultation.

In California:
5230 Folsom Blvd.
Sacramento, CA 95819
www.DavidAllenLawSacramento.com
(916) 455-4800

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Stockton, CA 95219
www.DavidAllenLawStockton.com
(916) 473-4800

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Oakland, CA 94612
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(510) 663-4600

Fremont Office Center
39899 Balentine Drive
Suite 200
Newark, CA 94560
(510) 663-4600

In Nevada:
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Wells Fargo Building
Reno, NV 89501
www.DavidAllenLawReno.com
(775) 786-1020

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