Legal Concerns and ChallengesLegal Concerns and ChallengesA legal blog about legal concerns and challenges in issues like personal injury, social security disability, employment law, and business law
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Possible Damages in Patent Infringement Violations
2008-06-06 17:17:00 Violations on the use of one?s trademark or product name and design constitute patent infringement. An infringement occurs when any party manufactures, sells, imports, uses and offers a patented technology. In simple terms, anyone who sells a product similar to an existing licensed product is considered a violation of the law. More About: Infringement , Damages , Patent
Other Prevalent Issues as Race Discrimination
2008-06-04 16:40:00 Race discrimination may be considered as one of the most common forms of discrimination in the workplace. Despite growing cultural diversity in today?s workforce, it seems unimaginable to realize that racial prejudice still exists. More About: Issues , Race , Discrimination
The Changes in Medical Malpractice Claims
2008-05-30 00:23:00 One fine day, I happen to read an article entitled, Doctors Say ?I?m Sorry? Before ?See You in Court?. The article relates all about medical malpractice claims which are constantly litigated causes of actions in our courts in this genre. More About: Medical , Medical Malpractice , Claims
Protecting Yourself From Defective Construction
2008-05-06 19:47:00 Construction sites always carry threats on the life of its workers. Injuries sustained in industrial accidents can be devastating. It can result to personal injuries as well as death. Construction site injuries are governed by personal injury and product liability laws. More About: Construction
Violation of Trade Secret
2008-04-24 17:28:00 Violation of Trade Secret : How to Deal with it Doing business involves various issues that necessitate careful planning and implementation in order to achieve success, financial stability or productiveness. Likewise, it is very vital for the company officials to employ strict rules in order to safeguard all their business operations and trade dealings. Yet, because of trade secret theft, many companies either suffer from losses or end up in closure.
Is ERISA law sufficient in protecting working person?s rights?
2008-04-22 15:43:00 The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that was passed to protect pension rights of workers in private industry. It covers most employee benefit plans, including disability, life, and medical insurance and pension benefits provided by an employer. More About: Rights , Person , Working , Sufficient
Fault Issues in Premise Liability
2008-04-21 20:45:00 The article ?Casino Patron Suffers Severe Knee Injury on Escalator - Unreasonably Dangerous Condition on the Casino Premises?, posted on November 7 last year, highlights the result of an accident, which injured a casino client in an escalator. The issue involved an injury suffered by a customer whose pants were entangled in an escalator. According to the article, the accident victim suffered serious knee injuries, along with other traumatic injuries, and required surgery. More About: Issues , Fault
The Bearings of Sales Covenant
2008-04-21 20:40:00 A common saying in commercial transactions relates, ?Time is of the essence?. The implication of this observation is more on practicality and convenience. That, as much as possible commercial dealings must be closed at the earliest. To achieve this end, a sales agreement was devised to facilitate commercial transactions among merchants and consumers. More About: Sales , Covenant
No Liability for Retaliation
2008-04-21 20:32:00 Federal and state laws protect employees from any form of retaliation from their employers after reporting an alleged wrongdoing such as harassment or discrimination. The protection clause remains in effect even after the case has been dismissed or was proven to have no merit whatsoever.
Why Incorporating Out of State Is Not Recommended
2008-04-17 15:27:00 Setting up a corporation and being your own boss are only some of the rewards of having a business of your own. Aside from that, there is the practical reason of being financially independent while trying to cultivate your own skills in resourcefulness and being responsible. In the article, ?How to Incorporate and Start your Own California Corporation?, posted on March 23, 2007, the issues on how to start a corporation were sufficiently discussed. More About: State
Dealing With SSA Overpayment Claims
2008-04-16 16:33:00 One of the worst experiences that a claimant for social security disability can have is receiving a notice of overpayment. Usually claimants have the tendency to ignore them without realizing that such notice may eventually lead to the blocking of their checks. SSA overpayment claims takes place when there is an error in the computation of benefits. The claimant may already be receiving disability compensation but then pursues a job to compensate their income. More About: Claims
How Much Should an Employment Severance Package Be?
2008-04-16 16:00:00 For all we know, severance packages are something like an incentive given by employers to their dismissed workers or employees. It is like a token or a send-off gift for a worker so that he can start anew. But in all aspects, the awarding of an employment severance package is more a prerogative of an employer than it is a worker?s legal right. More About: Employment , Package , Severance
Human Behavior as Factor in Animal Attacks
2008-04-10 23:31:00 To say the least, not all animal attack cases are caused by behavioral problems, especially in dogs. In some instances, a provocation often precedes aggression ? which means that dogs do not normally attack unless you give him a reason to do so. More About: Animal , Behavior , Human , Attacks , Factor
Injury Claims and the Alarming Rise in Animal Attacks
2008-04-04 22:02:00 There has been a marked increase in the number of animal attacks incidents in southern California. Recent newspaper reports indicated an upsurge in serious injuries cases which often involve pet dogs and young children. More About: Animal , Injury , Claims , Rise , Attacks
Deceptions in Accounting and Disclosures
2008-03-31 16:39:00 Lately, many business companies have been plagued by controversies surrounding phony accounting, misrepresentation of company financial status, and other misleading information. These deceitful acts are often made to cover up for losses or to give false impressions of a company?s real score. In the article, ?Overstock.Com and Patrick Byrne: Phony Accounting and False and Misleading Disclosures?, posted in February 4, 2008, one of the fraudulent acts in business was enumerated and identified. More About: Deceptions
Proof of Claim in Case of Car Accident Injury
2008-03-28 21:19:00 After sustaining an injury, the next step that should be done is to file a claim for such injury against the offending party. But filing a claim is not easy as it may seem. Of course, you can?t just file your claim then state an amount then expect for the other party to pay exactly said amount. In fact, the offending party and its insurance company will give you all reasons to defeat your claim. Insurance companies even play hard ball in minor crash injury claims More About: Injury , Accident , Proof , Case
Planning is Vital in Corporation Establishment
2008-03-19 19:28:00 Certainly, every businessperson?s objective in staring a business is to generate good income from his operations. However, because of imprudent planning and lack of sufficient studies on the proper way of corporation establishment, many companies fail to prosper. More About: Corporation , Planning , Vital , Establishment
The Waiver Request Process in Overpayment Claims
2008-03-18 17:19:00 Most claimants receive notices for overpayment claims. However, some claimants simply ignore them without knowing that this could lead to having their checks completely cut off. Why do overpayment claims happen? More About: Request , Claims , Process
Unveiling Sexual Harassment of Men
2008-03-18 17:04:00 A government survey revealed that sexual harassment or man in workplaces has increased in numbers. The hidden world of man sexually harassed by their superiors was unveiled. The general pattern of the male superior harassing the female subordinate have been considered as the thing of the past. More About: Sexual , Sexual Harassment , Harassment , Unveiling
An Unlikely Source of Compensation for a Car Accident Victim
2008-03-18 15:41:00 Normally, car accident victims can get compensation for their injuries from the person who causes the accident. In most cases, the victim hires an attorney to determine the liability and prove who is at fault in the incident. In the article, ?Southern California Residents Hit by a Car Can Get Compensation for Injuries from Many Source s?, posted in January 25, 2008, the victim?s attorney has found a restaurant as an unlikely source of compensation in the car accident. More About: Accident , Victim
Lawyers do complicate matters in negotiating severance packages for laid-of
2008-03-10 16:05:00 Lawyers ?do not? complicate matters in negotiating severance packages for laid-off employees. This is a direct statement that is both true and accurate. Indeed, employment lawyers help simplify matters and get results when the parties were not able to. More About: Lawyers , Matters , Severance
Issues on Patent Reform Litigation
2008-03-05 15:41:00 One of the vital issues which remain unresolved today, pending action of the US Senate, is the controversial patent reform bill. Though an issue with very little publicity, the changes on the bill will expectedly affect how people think and treat intellectual property issues in the future. More About: Reform , Issues , Patent , Litigation
Conflict of Interest in ERISA Benefit Claim
2008-02-22 16:42:00 This question has haunted lawyers and workers alike for twenty years: "If an administrator that both determines and pays claims under an ERISA plan is deemed to be operating under a conflict of interest, how should that conflict be taken into account on judicial review of a discretionary benefit determination?" More About: Conflict , Interest , Benefit , Conflict of Interest
From Criminal Action to Civil Litigation
2008-02-14 03:23:00 Did you know that you may still file a course of action after losing from a crime lawsuit? Yes, crime victims may in fact resort to civil litigation in order to attain recovery and redress for their grievances. More About: Action , Criminal , Civil , Litigation
A Government?s Initiative to Benefit People with Disabilities
2008-02-09 07:11:00 A positive start has been made by the U.S. Equal Employment Opportunity Commission. A report has been issued by the government agency only this month to oversee whether all the federal agencies has been complying on what Section 501 of the Rehabilitation Act of 1973 stated. This is regarding the active role of people with targeted disabilities in federal agencies and its activities. More About: Government , People , Initiative , Disabilities , Benefit
Recovery from Brain Injuries
2008-02-06 02:45:00 Sometimes we see the results of wrong decisions only in the aftermath of our actions. I just came across the article, ?Ten Months After Tragic Car Crash Causing Brain Injury?, posted in October 19, which tells about a 19-year old woman?s struggle after a tragic car crash. More About: Recovery , Injuries
Things To Ponder Before Buying An Investment
2008-02-01 18:39:00 Many of us try to make future savings by buying shares as investments, which is a good business sense. However, some people are wary of buying shares, especially when these are considered minority stakes in a corporation. More About: Buying , Investment , Things
On Federal Plans to Impose Control Over Medicaid
2008-01-09 18:59:00 One of the social security benefits enjoyed by members includes Medicare, the health care coverage which is part of the federal government social security program. And people who cannot afford to pay medicare are instead assisted by government through Medicaid . In this way, poor people are given access to medical care and needs. More About: Plans , Control
Basic Rights against Labor Law Violations
2008-01-08 21:50:00 The Labor Law in the U.S. encompasses a great number of statutes that aim to protect the rights of the labor sector against abusive employers. It also lays down their privileges and obligations. Among others, these important statutes cover the majority of all the aspects of employment such as: More About: Rights , Basic , Viola
?Legally Amusing Verse?
More articles from this author:2007-12-18 17:20:00 Being a lawyer is a difficult job. But how much more difficult is it being a judge? Sometimes I wonder how lawyers and judges relieve themselves of the stress of daily grind. More About: Amusing , Verse 1, 2 |
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