Category Archives: Lawyers

UK Personal Injury Law Sees a Calm Month after June Scrutiny

2013-07-15 — /EPRLawNews.com/ — Due to the nature of claiming for a personal injury, usually with the individual going against a business, it is always going to be a turbulent world, with legislation and law always having to keep up with the advancements in technology, professions and culture. The UK is no stranger to those twists and changes, and they can sometimes put the claimant in a position where they feel uncomfortable claiming for their personal injury, at work or otherwise.

Last month for example, there was media uproar about the amount of whiplash being made in the UK, with claimants coming under fire from a number of popular newspapers, saying that 50-60% of claims were fraudulent. According to Mail Online, fraudulent claims cost insurance companies £1bn ($1.51bn), blaming ‘American style claims’ for the increase in claim figures. On top of that, the attention came alongside changes to personal injury law. The interesting thing about these remarks is that the amount of car accidents has fallen by roughly 60,000 over the last year, understandably causing some confusion about the consistent level of claims.

Despite all this, the past two weeks have been a relatively quiet period in the UK. With no changes and little media attention, we are beginning to see a calmer season, yet that doesn’t mean it’s the last of scrutiny and change for the summer. As the temperature increases there is a higher amount of people on the road, workers that do their job outside are exposed to extra risks from the heat and the school break opening holiday season, meaning that we can probably expect some more attention before the end of August.

For the outside workers, the most common injuries are slips and fall that can end in minor breakages, so you would think that that becomes less in the dry summer, however, The heat can easily cause fatigue and dehydration, making people more likely to injure themselves.

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Leading Medical Malpractice and Personal Injury Law Firm Duffy & Duffy, PLLC Announces New Attorney

Duffy & Duffy, PLLC (www.duffyduffylaw.com) a leading law firm dedicated to medical malpractice and personal injury practice today announces the hiring of Melissa Eggers.

Melissa Eggers is an associate at Duffy & Duffy, PLLC. Ms. Eggers recently joined the firm after serving over a decade as a prosecutor for the Suffolk County District Attorney’s office. Ms. Eggers gathered years of daily litigation experience that included daily courtroom appearances, over 200 Grand Jury presentations and numerous trials on both the misdemeanor and felony levels. Her career at the District Attorney’s office included prosecuting perpetrators of domestic violence, violent felony crimes including robberies, assault, conspiracy to commit murder, as well as complex white-collar crimes. Of these economic type cases, she has prosecuted cases involving criminals who conducted a multi-million dollar a Ponzi scheme; identity theft and employee embezzlements. Ms. Eggers brings her courtroom and trial experience to the firm and advocates for the clients of Duffy & Duffy, PLLC to seek justice on their behalf.

Ms. Eggers graduated from Florida State University in 1999 with a B.A. in Criminology and a minor in Business. She attended Nova Southeastern University Shepard Broad Law Center where she earned her J.D. in 2002. She is admitted to practice in New York and Florida.

At Duffy & Duffy, PLLC we believe that curing medical malpractice starts with patient safety. That’s why the members of our law firm work to not only bring justice for each individual client we represent, but always with this larger idea in sight.

No guesswork. Just facts.

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Babson New York Rocket Pitch 2012 Supporter Helps First-time Entrepreneurs

No other law firm in history has voluntarily waived $500,000 in legal fees and absorbed $100,000 in expenses simply to help 500 first-time entrepreneurs incorporate; but that’s exactly how Jeff Unger, Los Angeles-based attorney and founder of eMinutes, a corporate law firm, spent most of the last 12 months. As of April 2, 2013, Mr. Unger announced he is ready to do it again, this time waiving nearly three-quarters of a million dollars – $725,000 – to help 725 first-time entrepreneurs in California, New York, Texas and the District of Columbia form their businesses for free.

“Today’s do-it-yourself-incorporation mentality and misinformation about business formation being provided by ‘experts’ who have no knowledge of the law is misleading inexperienced entrepreneurs,” said Jeff Unger, attorney and founder of eMinutes. “As a result, they end up with a business entity that may leave them exposed. At eMinutes, we are determined to provide as many first-time entrepreneurs as possible with the right counsel and guidance so their businesses have an honest opportunity to succeed.”

Jean Tsai is obsessed with food quality and she is also one of the 500 first-time entrepreneurs eMinutes helped in Phase I of the entrepreneur program. As an incorrigible lifelong snacker, she searched for a delicious and healthy snack that was made from sustainably grown real food ingredients. Never finding one, she decided to start Pop Karma after working in the corporate world and earning her Master’s Degree in Business Administration at Dartmouth College.

“The expertise eMinutes offers is superior. Like many entrepreneurs, I agonized over whether to be an S-Corp or an LLC, and even thought about incorporating by myself,” said Jean Tsai, founder of Pop Karma. “eMinutes provided exceptional guidance and asked the right questions that helped me decide what entity was right for my business. They made the entire process simple and incredibly fast – it would have taken a much greater investment of personal time on my part if I had done it on my own, and I wouldn’t been as successful.”

In Phase II of its entrepreneur program, eMinutes will waive 100% of its legal fees for eligible first-time entrepreneurs who demonstrate a sincere commitment to building their business, for example, a clearly-defined business plan or an active website. All eligible entrepreneurs must have retained the services of a CPA and agree to pay filing fees.

Christina Eisenstein, founder of Macaroon and one of eMinutes’ first 500 first-time entrepreneurs, fell in love with the French macaroon years ago, and decided to leave the advertising world for sweeter pastures. Although born in the Midwest, she comes from a long lineage of bakers in Paris and is committed to combining her French roots with the American palate. What she didn’t have was knowledge of how to form a business.

“eMinutes saved me money on legal fees that I was able put back into my business. They completed all the paperwork and submitted it quickly, with virtually no effort on my end,” said Eisenstein. “Their attorneys are professional, readily available and eager to help; they are truly champions for entrepreneurs.”

For more information on Phase II of the entrepreneur’s program and eMinutes corporate legal services, visit http://eminutes.com/entrepreneurs or call (310) 820-1000 in Los Angeles, (212) 772-7770 in New York, or (512) 942-1100 in Austin, Texas.

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Rick Baker, Orlando Consumer Lawyer Announces Availability of Free Tax Preparation Services

Free Tax Preparation Services — Today Rick Baker, Orlando Consumer Lawyer announced a new program allowing customers to use their tax refunds to file for bankruptcy. Some Orlando consumers are unaware that they can use their tax refunds to file a Bankruptcy case. Rick Baker is offering free 1040 tax return preparation when fees are deducted from the refund toward filing a bankruptcy case.

Now is the perfect time to resolve debt and mortgage issues and Rick Baker, Orlando Consumer Lawyer is here to help. Many of our clients who need bankruptcy protection and relief don’t know that it is allowable to use their tax refunds to fund the cost of filing their bankruptcy case. Here is the truth about tax refunds and bankruptcy.

How Does Bankruptcy Impact Tax Refunds?

Many people contemplating filing for Bankruptcy want to know what happens to their tax refunds. It depends on when the case is filed. At this time of year there are two ways to play it:

Option #1 is to file a 1040 tax return as soon as possible, and then use the refund on the cost of filing a bankruptcy case and/or other necessary living expenses (not on debts or paying back friends and family). Many Orlando consumers need their tax refunds to file their cases and get debt relief. Orlando Bankruptcy Trustees understand this and do allow it.

Option #2 is to file a case and exempt the refund if the case has enough room to also exempt all other assets. The problem with option #2 is that it uses up exemptions that the consumer could use to keep other assets and it only works if they can fully exempt the tax refund and still have other assets protected (exempt) as well. Rick Baker, Orlando Consumer Lawyer determines this on a case-by-case with each client, based on their situation.

Free Tax Preparation Offer

For a limited time, Rick Baker has partnered with the CPAs at YOUNG & HAAS to prepare consumers’ Tax Returns (1040) FREE OF CHARGE, provided that the bankruptcy case fees and costs for the case are deducted from the tax refund. We are offering FREE Tax Return preparation, allowing Orlando consumers to receive a refund within one week! Orlando Consumers needing help with their debts and mortgage can contact Rick Baker, Orlando Consumer Lawyer today for FREE TAX RETURN PREPARATION when the refund is used to file a bankruptcy case. “We will fast track your case and get things moving. I look forward to helping many Orlando consumers through this process and making 2013 the year of the Fresh Start!” said Rick Baker, Orlando Consumer Lawyer.

Founded in 1993, Rick Baker, Orlando Consumer Lawyer is Central Florida’s leader in bankruptcy law. The company serves the Central Florida and seven-county Orlando area, including the cities of Sanford, Lakeland, Lady Lake, Kissimmee, Maitland, Lake Mary, Oviedo, Winter Garden, Winter Park, Windermere, Lake Nona, Apopka, Mount Dora, Winter Springs, Longwood, Orlando, Melbourne, Titusville, Cape Canaveral, Daytona Beach and New Smyrna Beach, and the counties of Orange, Seminole, Lake, Polk, Brevard, Volusia and Osceola.

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New Lawyer for the Alleged Ukrainian Child Porn Tycoon

Maksym Shynkarenko, who has been charged with 32 counts of advertising child “adult content” to child exploitation enterprise and money laundering, has retained the Bukh Law Firm, P.C. of New York as his criminal defense counsel in his upcoming trial. He was arrested in Thailand in 2009 and had been fighting extradition to the United States since that time. Mr. Shynkarenko was extradited from Thailand earlier this summer (June 2012) and was allowed by the court to have time to prepare for trial in the Federal Court.

The investigation of the 33-year-old Ukrainian and his alleged child pornography network by U.S. investigators has claimed 560 child pornography convictions across the country since it first began. Mr. Shynkarenko was indicted in New Jersey (case #2:2008-cr-00625) as that is where U.S. investigators first uncovered his alleged website on the computer of a New Jersey resident which was then shut down in 2005. The trial will take place in the U.S. District Court in that jurisdiction.

Mr. Shynkarenko is a native of Kharkov, Ukraine and the indictment has charged him as running a worldwide network of several child pornography sites with two co-conspirators, one from the Ukraine and one from Russia. While this is alleged to be a very profitable enterprise for all involved, Mr. Shynkarenko was granted the services of a public defender by the Judge at the time of his indictment. He is now represented by federal criminal defense attorney, Arkady Bukh.

At the time of the hearing after his extradition, the Associated Press reported that a spokesman for Ukraine’s Foreign Ministry stated that detectives had found absolutely no evidence that Mr. Shynkarenko had committed a crime and they are concerned about the “rights of our citizen”. The Shynkarenko family is very concerned and they do presume him innocent. Ukranian officials are quite concerned about this case as they feel that U.S. prosecutors have a poor reputation regarding the rights of their citizens. If convicted, Maksym Shynarenko could face up to 20 years in prison on each count.

U.S. District Court Judge William H. Walls has set the pre-trial conference in this case to March 26, 2013. The Bukh Law Firm, P.C. has several criminal defense attorneys experienced in the defense of this type of case in Federal Court.

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Darlingtons Solicitors on the Rocketlawyer panel of law firms

As reported in today’s legal press, Rocketlawyer, an established US legal documents and services brand, will be launching later this month in the UK.

In addition to offering a range of interactive online legal documents at a very competitive price, the company will also have a small number of selected panel solicitors who will assist with content for the Rocketlawyer website and will offer additional services to Rocketlawyer customers.

The fact that law firms will be working closely with Rocketlawyer means that a customer who wants to use one of the documents on the site and has completed most of the document but still has follow up questions or unusual requirements, will have access to expert, discounted legal advice.

Darlingtons Solicitors are delighted to announce that they are 1 of the 20 initial panel member firms.

As part of the discussions and criteria for panel membership, a law firm needs to satisfy Rocketlawyer that it has the right attitude to dealing with online legal customers, who expect not only high quality legal advice but excellent service. Firms must also demonstrate that they are active online and fully embrace the importance of the internet for the future of legal services.

The discussions between Darlingtons and Rocketlawyer did not take long to result in fruition. Both parties recognised that they have much in common and a very similar outlook.

James Swede, Managing Partner of Darlingtons comments, “As soon as I saw that Rocketlawyer were entering into the UK market I was interested in talking with them. I met with Mark Edwards of Rocketlawyer just a few days later, and it only took an hour over a coffee to quickly realise that they are the type of people we like doing business with and vice versa. Our online presence is very important to us and we recognise that there is big market for using online applications to make law easier and more cost effective. Our services will compliment and enhance the interactive documents provide by Rocketlawyer and in my view, any firm which sees interactive legal documents as a threat has a mistaken and shortsighted approach. Not only that but they will be swimming against a very strong tide”

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The Divorce Handbook Helps Reduce Legal Fees and Stress

Donald Baker’s book, The Divorce Handbook: How to Put the Worst Behind You – Quickly, Fairly, and Finally is a comprehensive guide to the emotional and legal struggles of divorce. The first three chapters are available for free at bakerandbakerlaw.com

About The Divorce Handbook
The Divorce Handbook covers topics of concern for someone going through divorce – from custody and support questions to property division guidelines. Baker has simplified the process so that divorce need not be needlessly painful—or expensive.

“Going through separation and divorce is a traumatic, life-altering experience. It’s difficult enough from an emotional standpoint,” Baker explains, “On top of everything else, there are grave and consequential issues and decisions you must face which will affect the rest of your life. It’s critical that you obtain good legal advice.”

While many assume that a book written by a lawyer would hold only legal advice, much of the advice is how to approach the emotional conflicts that are likely to come up in separation. For example, the author reveals how to explain divorce to children so that they do not feel they are at fault. Baker’s goal with the book, above all, is to make divorce as smooth an experience as possible: “I sincerely hope that you find this booklet useful, as many thousands already have.”

To learn more about Baker & Baker, visit http://bakerandbakerlaw.com.

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Bernard Walsh Gains AV® Preeminent Rating For Personal Injury Expertise and High Ethical Standards

The AV Preeminent® is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him at the highest level of professional excellence. An extremely dedicated attorney, Bernard Walsh, was admitted into the Florida Bar Association in 1978 and has been actively serving the Florida justice system for 34 years.

Mr. Walsh obtained this AV Preeminent® rating by garnering the praise of his peers in an objective review by other bar members and judges. Reviewers rated Mr. Walsh on a number of factors including ethical standards and legal ability in the personal injury and wrongful death areas of practice.

Now a partner with the Florida personal injury law firm Shapiro Goldman Babboni & Walsh; Mr. Walsh has demonstrated his leadership in the Florida legal community by founding the Manasota Trial Lawyers Board, an organization of Southwest Florida’s prominent trial lawyers and by his years of service and successes in representing injured clients.

During the review process Mr. Walsh received praise from many Bar members. One such Attorney had this to say about Bernie Walsh, “I have known Mr. Walsh for many years and have defended cases brought by him. He is an excellent lawyer who cares deeply about his clients.” That reviewer rated Mr. Walsh 5 out of 5.

Another bar member remarked, “Definitely the “go to guy” for any questions regarding the practice of personal injury.” Comments like “I have known Mr. Walsh for many years and have defended cases brought by him. He is an excellent lawyer who cares deeply about his clients,” illustrated his worthiness to receive the rating of AV Preeminent®.

Attorney Bernard Walsh had this to say about his recognition by the AV Preeminent® rating “I am deeply honored by the comments of my fellow attorneys. It’s wonderful to have the years of hard work recognized. Receiving this honor helps my clients better understand the level of dedication and expertise we offer for their behalf.”

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Employment Law Reforms Announced to Shake Up the Work Place and Encourage Businesses to Hire Again, reports Thomas Mansfield

Business Secretary Vince Cable has announced reforms to the UK’s employment laws that make it easier for employers to dismiss under-performing employees. The amended laws include settlement agreements which will give employers the opportunity to pay-off under-performing staff to prevent future claims of unfair dismissal. Although workers are not obliged to accept a pay-off, if they do so it will be legally protected and as such cannot be brought up as evidence in a future court case or tribunal.

At the same time, the maximum limit for a pay out for unfair dismissal is being reduced. It currently stands at £72,300, but MPs want this reduced to a maximum of 12 months’ salary. The aim is to encourage employers, particularly small and medium sized firms, to employ more people.

Critics say the proposals only benefit employers and remove rights from workers, but many employers, particularly smaller firms, should find some benefits, including savings of time and resources, and greater security.

Thomas Mansfield, employment solicitors London based, points out these new settlement agreements are pretty much the same as the existing compromise agreement system. Currently employees and employers can come to a specific agreement over a financial pay out from the employer in return for the employee bringing no claims against the employer in the future. Free legal representation is offered as part of this package, and Thomas Mansfield predicts it will be included in the new settlement agreements too.

The UK’s legal system is a confusing one and often beyond the reach of the ordinary worker. Thomas Mansfield is well placed to provide advice, support and representation on matters relating to employment law, including unfair dismissal and employment tribunals. It predicts the new rules are bound to cause further confusion among both employers and employees and advises anyone confused by the new laws to seek out legal advice when necessary.

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Family Solicitors Gregory Abrams Davidson Offer Advice on Divorce Proceedings

When a relationship breaks down, particularly a marriage, it can be a distressing time for everyone involved, from the two parties who are separating to their children and other family members. If you are considering filing for divorce, it can be difficult to know where to start.

If the decision to separate is an amicable one that has been taken and accepted by both parties, then the can usually be resolved fairly quickly, or a trained mediator can be brought in to help iron out minor problems for some families. However, in most divorce cases, it is necessary to take the matter to court.

The law can provide a framework for couples to resolve their differences, and help them to make important decisions such as the custody of any children involved, financial affairs, and how to distribute shared assets between the two parties.

The future security of you and your family are of the utmost importance, and every effort should be made by the court and your team of solicitors to ensure that your needs and views are taken into account throughout the proceedings.

Of course, divorce is not the only legal matter that can affect your family. Other cases relating to couples and family relationships include cohabitation disputes, pre-nuptial agreements and family business disputes. All of these family law cases can be handled by the family law solicitors at Gregory Abrams Davidson.

With offices in London and Liverpool, Gregory Abrams Davidson LLP is a national firm of solicitors with over two decades’ experience of dealing with divorce proceedings and other family disputes. Their team of family law solicitors will handle your case in a sympathetic yet positive manner, ensuring that your case runs as smoothly as possible, with minimum distress and disruption to the lives of you and your family.

Find out more information about Gregory Abrams Davidson, and how to get in touch, by visiting the GAD website at http://www.gadllp.co.uk/, and one of their specialist family law solicitors will be able to advise you on how to proceed with your case.

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Jury Finds that Escort, Inc. and Beltronics USA, Inc. Infringe Two GPS Radar Detector Patents

On July 3, 2012, a jury found that Escort, Inc. (www.escortradar.com) and Beltronics USA, Inc. (www.beltronics.com) infringed numerous claims in U.S. Patent Nos. RE39,038 and RE40,653. In particular, the jury held that Escort’s Passport 9500i, Passport 9500ix, and Passport iQ radar detectors, together with Beltronics USA’s GX65 radar detectors, directly infringe claims 3, 5, 6, 7, 25, 26, 27, and 28 of U.S. Patent No. RE39,038 (“the ‘038 patent”) and claims 22, 31, 32, 33, 38, and 41 of U.S. Patent No. RE40,653 (“the ‘653 patent”). The jury also found that Escort and Beltronics contributed to the infringement of claims 3, 5, 6, 7, 25, and 28 in the ‘038 patent and claims 22, 24, 31, 32, and 33 in the ‘653 patent. The jury further found that Escort’s Passport 9500ix and Passport iQ radar detectors, together with Beltronics USA’s GX65 radar detectors, infringe claim 24 of the ‘653 patent.

The ‘038 and the ‘653 patents are owned by Hoyt Fleming, an Idaho inventor of 37 U.S. Patents. On March 10, 2009, Mr. Fleming filed a complaint (Case Number 1:09-cv-00105-BLW, United States District Court District of Idaho) alleging that Escort and Beltronics USA infringed the ‘038 and the ‘653 patents. Escort alleged that certain claims of the Fleming patents were invalid because Steven Orr, while working for Cincinnati Microwave, Inc. in 1996, made Fleming’s invention earlier in time than Fleming. On July 3, 2012, after a trial spanning more than two-weeks that included live testimony from Steven Orr, John Kuhn (Escort’s Vice President of Engineering), and John Larson (Escort’s President), the jury refused to invalidate the above claims of the Fleming patents based upon Steven Orr’s alleged prior work.

“I am very happy with the jury’s verdict because the jury held that Escort and Beltronics are infringing two of my patents. I am looking forward to a future trial in which another jury will also find that Escort and Beltronics and many of their retailers, including Best Buy and Amazon.com, are willfully infringing a third of my radar detector patents, U.S. Patent No. RE41,905,” said Mr. Fleming. Mr. Fleming is represented by Mr. Michael S. Dowler ofPark, Vaughan, Fleming, and Dowler LLP in Houston, Texas. Escort and Beltronics USA are represented by Gregory F. Ahrens and Brett A. Schatz and of Wood Herron & Evans in Cincinnati, OH together with Steven B. Andersen of Holland and Hart in Boise, ID.

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Desert Knolls Convalescent Hospital Reported For “Infection Control Issues” and “Safety Hazards” Following Operation Guardian Surprise Inspection

In March of 2011, members of the Operation Guardians program visited the Desert Knolls Convalescent Hospital in Victorville, California to perform a surprise inspection. The inspectors noted a number of potential health code violations and conditions that may contribute to health and medical treatment complications.

Operation Guardian was launched by the State Department of Justice in the year 2000. Investigation participants perform on-site inspections of nursing home facilities without giving prior notification of their arrival. It was not until recently that these reports had been made available to the public.

Among the numerous unfavorable reports, investigators noted instances of potential maltreatment in which the Desert Knolls “facility’s inaccurate documentation of resident’s wounds may be preventing the resident from receiving the correct wound care treatment.”There were also reports of residents being unable to easily summon assistance, due to their positioning away from staff call buttons.

Additional observation found that Desert Knolls Convalescent Hospital’s Resident Abuse Investigation Policy and Procedures was not in compliance with California State law.

Estimates provided by the American Psychological Association (APA) have found that 2.1 million senior Americans fall victim to psychological, physical, or other forms of neglect and abuse. The APA also reports that elders who have been abused tend to die earlier than those who are not abused.

John Bisnar, California elder abuse attorney, has assisted a number of victims and distributes resources to help raise awareness for seniors who suffer maltreatment. “There are several nursing homes throughout the state of California that fail to provide their guests with adequate care, but rarely do they receive the press that is required to increase efforts to prevent them.”

“Hopefully, Operation Guardian’s reports will create enough awareness to spur our politicians into creating safer environments for our loved ones. Our parents and grandparents deserve to live out the remainder of their lives with more respect than many of these facilities provide.”Says Mr. Bisnar.

Victims of elder abuse are encouraged to contact their local law enforcement officials immediately following instances of maltreatment.

Via EPR Network
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Atlanta Newspaper Names Kitchens New Cleghorn “2012 Best Law Firm”

Kitchens New Cleghorn, LLC, a firm with a proud history representing diverse family law in Georgia, has been named 2012 Best Law Firm by the GA Voice, an Atlanta-based publication serving thousands of gays and lesbians statewide.

The honor follows two months of reader voting, which deemed KNC the best Atlanta gay lawyers at providing sensitive, effective and inclusive legal representation to the LGBT community.

It is the first year the firm has won the title, beating out two other city firms for the top spot.

“We are honored to be recognized by the Georgia Voice for our law firm’s advocacy on behalf of all families,” said KNC partner Jeff Cleghorn.

Best Atlanta Gay Lawyers Title Part of Annual Series

The honor was part of the publication’s “Best of Atlanta” series. That series lets readers vote for their favorite Atlanta businesses serving the LGBT community with respect and pride.

“With a team of law professionals that is almost unsurpassed, Kitchens New Cleghorn is your top choice. Joyce Kitchens, Randy New and Jeff Cleghorn fight for their clients and causes, including LGBT equality,” the newspaper wrote in its July 5 edition, which announced winners in categories like entertainment and services.

Honor Highlights Atlanta Gay Lawyers’ Commitment to Inclusion

The local recognition underscores the firm’s commitment to promoting tolerance and educating gays and lesbians on their rights in accordance with family law in Georgia. Besides helping many gay and lesbian couples expand their families through adoption, the firm hosted a gay marriage forum in June and an event last fall outlining powers of attorney, second parent adoption and many other legal protections existing for Georgia same-sex couples.

In addition, on Aug. 16, these tireless Atlanta gay lawyers will host an event aimed at cutting suicide rates among gay and lesbian youths.

“Protecting the legal rights of LGBT people and families is a priority of our law firm,” Cleghorn said. “Georgia’s laws are not always hospitable to its LGBT citizens, so it is a privilege to advocate for them.”

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Former Judge Joins Kitchens New Cleghorn As Of Counsel

Former Merit Systems Protection Board judge and nationally recognized legal professional Stuart A. Miller has joined the Atlanta law firm of Kitchens New Cleghorn, LLC as Of Counsel, bringing 33 years of extensive experience with federal employment law.

Miller comes to the firm having recently retired as Administrative Judge with the MSPB Atlanta Regional Office, where he served for 21 years. His career also includes positions as Associate Counsel for Personnel and Ethics with the Defense Contract Management Agency and as Labor Counselor with the Department of the Army.

Miller started May 1.

“I chose KNC because of its impeccable reputation for excellence, integrity and fairness in dealing with clients and opposing counsel,” Miller said. “ I was honored to join a firm of consummate professionals.”

Addition Brings Far-Reaching Expertise to Atlanta Law Firm

Miller brings an impressive resume which partners Joyce Kitchens, Randy New and Jeff Cleghorn consider an invaluable addition to the firm.

A former adjunct faculty member of the U.S. Army Judge Advocate General’s Corps School, in Charlottesville, Va., Miller has specialized in MSPB practice and procedure and made countless presentations on labor law topics. Miller also spent years as a teacher for the National Institute of Trial Advocacy. In addition, for more than a decade, Miller has been the featured speaker at the federal Bar Association’s yearly Labor Law Symposium, in Huntsville, Ala.

“As a former federal judge, Stu Miller brings decades of legal experience to Kitchens New Cleghorn,” said KNC partner Jeff Cleghorn. “Judge Miller is nationally respected for his subject-matter expertise.”

Miller received his law degree in 1978 from the Emory University School of Law and has a bachelor’s degree from the University of Maryland.

Miller Expands Employment Law Capabilities at Atlanta Law Firm

Miller’s extensive federal employment law background is particularly valuable to KNC, which maintains an MSPB and federal employment law branch. In his position as Of Counsel, Miller will work closely with KNC partners and lend his years of experience to resolving cases involving this sophisticated area of law.

With offices in Atlanta, Alpharetta, Athens, Marietta and Lawrenceville, KNC is a comprehensive law resource for central Georgia. For more information about KNC, visithttp://www.gadivorcelitigators.com or http://www.gadivorcelitigators.com/alpharetta.htm.

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Law Offices of James Scott Farrin Announces ProductsThatHurt.com – a Website Dedicated to Informing Consumers about Defective Drugs and Medical Devices

The Law Offices of James Scott Farrin is proud to present ProductsThatHurt.com – a website dedicated to informing consumers of the dangerous side effects and recalls of various defective drugs and medical devices in the United States.

ProductsThatHurt.com is hosted by the NC defective products lawyer team at the Law Offices of James Scott Farrin, and it provides information about recalls and the serious side effects of many dangerous drugs and medical devices –some that are still currently on the market. Visitors can stay current on the latest information about these dangerous drugs and medical devices through up-to-date blogs and can post comments and questions about their concerns.

ProductsThatHurt.com has been divided into distinct categories to make the website easier to navigate:

The site will feature frequently updated blogs about these categories and the various recalls of defective drugs and medical devices that affect consumers in North Carolina and throughout the United States. Through these blog posts and in-depth informative articles, readers can leave the website feeling better informed and updated about the various risks of dangerous drugs and medical devices that they may be taking or that may be suggested as a course of treatment by their doctors. Ultimately, the website will be a place for readers to educate themselves about recalls and potential dangers, while also providing them resources for getting legal help if they need it.

“There are many prescription drugs and medical devices on the market that are being promoted to help patients but that are actually proving to be quite harmful and to cause even more serious health problems in some cases,” said President James S. Farrin. “We want to give consumers the information they need about these defective products. We are also here to offer them the legal protection they may need if they feel that they have suffered serious side effects as a result of these dangerous products.”

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Jury Finds that Escort, Inc. and Beltronics USA, Inc. Infringe Two GPS Radar Detector Patents

On July 3, 2012, a jury found that Escort, Inc. (www.escortradar.com) and Beltronics USA, Inc. (www.beltronics.com) infringed numerous claims in U.S. Patent Nos. RE39,038 and RE40,653. In particular, the jury held that Escort’s Passport 9500i, Passport 9500ix, and Passport iQ radar detectors, together with Beltronics USA’s GX65 radar detectors, directly infringe claims 3, 5, 6, 7, 25, 26, 27, and 28 of U.S. Patent No. RE39,038 (“the ‘038 patent”) and claims 22, 31, 32, 33, 38, and 41 of U.S. Patent No. RE40,653 (“the ‘653 patent”). The jury also found that Escort and Beltronics contributed to the infringement of claims 3, 5, 6, 7, 25, and 28 in the ‘038 patent and claims 22, 24, 31, 32, and 33 in the ‘653 patent. The jury further found that Escort’s Passport 9500ix and Passport iQ radar detectors, together with Beltronics USA’s GX65 radar detectors, infringe claim 24 of the ‘653 patent.

The ‘038 and the ‘653 patents are owned by Hoyt Fleming, an Idaho inventor of 37 U.S. Patents. On March 10, 2009, Mr. Fleming filed a complaint (Case Number 1:09-cv-00105-BLW, United States District Court District of Idaho) alleging that Escort and Beltronics USA infringed the ‘038 and the ‘653 patents. Escort alleged that certain claims of the Fleming patents were invalid because Steven Orr, while working for Cincinnati Microwave, Inc. in 1996, made Fleming’s invention earlier in time than Fleming. On July 3, 2012, after a trial spanning more than two-weeks that included live testimony from Steven Orr, John Kuhn (Escort’s Vice President of Engineering), and John Larson (Escort’s President), the jury refused to invalidate the above claims of the Fleming patents based upon Steven Orr’s alleged prior work.

“I am very happy with the jury’s verdict because the jury held that Escort and Beltronics are infringing two of my patents. I am looking forward to a future trial in which another jury will also find that Escort and Beltronics and many of their retailers, including Best Buy and Amazon.com, are willfully infringing a third of my radar detector patents, U.S. Patent No. RE41,905,” said Mr. Fleming. Mr. Fleming is represented by Mr. Michael S. Dowler ofPark, Vaughan, Fleming, and Dowler LLP in Houston, Texas. Escort and Beltronics USA are represented by Gregory F. Ahrens and Brett A. Schatz and of Wood Herron & Evans in Cincinnati, OH together with Steven B. Andersen of Holland and Hart in Boise, ID.

Via EPR Network
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Morrell Caterers Sued in Three Lawsuits – Alleged Kosher Food Fraud, Top-Shelf Howard Fensterman Morrell, & Morrell Employees Tips

Under Jewish kosher dietary laws, you can’t mix kosher and non-kosher food at any meal or in any kitchen. If you do, then the kosher food becomes tainted and is no longer kosher.

Scott Morrell, head of one of Long Island’s largest kosher caterer, is accused by former employees of preparing and serving, over a number of years, non-kosher food in kosher kitchens – – food that he represented as kosher. This is a direct contravention of kosher dietary laws.

Two former employees of Morrell Kosher Caterers allege that as part of Morrell’s non-kosher catering business , Morrell brought non-kosher food into the kitchen of Temple Beth Torah. This food was placed on the same food preparation tables where kosher food was also being prepared, and the same pots and pans were deliberately used to cook both kosher and non-kosher food.

The result of this deliberate co-mingling of kosher and non-kosher food, pots and pans is the contamination of all the kosher food prepared in the same kitchen, from that first moment of contact onwards.

Examples of the non-kosher food introduced into the kosher kitchen by Morrell include shrimp, lobster, pepperoni, prosciutto, and sausage. Despite this, Morrell represented that the food being served at kosher events his firm catered was in fact kosher and, as such, customers were charged more money for the kosher affairs. Typically, Morrell contracts for kosher events included a charge of $800 for kosher food.
Class Action Lawsuit brought by Morrell Employees — A Second Lawsuit

But this is not all the bad news for Morrell.  A second lawsuit , a class action brought by hundreds of former Morrell employees , accuses Morrell’s company of, over a six year period, holding onto service charges included in the catering contracts — money that was earmarked for waiters, bus staff and maitre d’s. The employees said that the caterer also demanded that they give back to Scott Morrell any cash tips they received at events catered by Morrell’s company.

Howard Fensterman Morrell — A Third Lawsuit

Howard Fensterman Morrell — A third lawsuit against Morrell was by attorney Howard Fensterman. It alleges breach of contract and fraud by Morrell regarding a function hosted by Fensterman on May 29, 2010. That event was catered by Morrell’s firm. The suit accuses Morrell of substituting lower priced liquor for premium, top- shelf  liquor brands, as called for in Fensterman’s contract.

Via EPR Network
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Avoid Jail Time For Your First And Possibly Even Your Second DUI

You certainly can avoid jail time for your first and possibly even your second DUI provided you are dead serious to go through the procedures set forth by the Sobriety Courts which often are also called Drug and Specialty Courts. These courts are a recent novel approach and have been set up to reduce DUI/DWI s by helping recovery of offenders instead of punishment, following being there main goals and objectives:

  • Reduction of drug and alcohol consumption.
  • Eliminating substance use.
  • Reduce the incidence of repeat drinking and driving offenses.
  • Reducing the recidivism of offenders.
  • Reduce the number of cases being scheduled for trial, and the length of time between the date of offense and the date of sentencing. Decrease case backlog.
  • Reduce incarceration in local jails. Diverting offenders from jail.

Working under a “Jail Diversion” initiative, these Courts allow the integration of alcohol and drug treatment services with justice system case processing wherein the defense attorney and prosecutor work towards a speedy resolution of the case with an ultimate goal of addressing the defendant’s substance abuse issues.

The process involves the following pertinent steps:

• Placement of the defendant rapidly into meaningful substance abuse transitional sober living facility.
• Frequent testing to determine whether the defendant is using alcohol or other drugs.
• A team approach to the defendant’s treatment program including the judge, the treatment provider, probation, and the lawyers, as needed.
• Regular appearances of the defendant before the judge, on the record, to monitor program compliance

A Structured Sober Living facility plays a fundamental KEY role in the dynamics of Sobriety and Drug Courts . Most attorneys advise their clients to admit themselves in a sober home ahead of their first hearing. It is a no brainer of a strategy as it goes a long way to convince the court that you are serious about receiving help for your disease and never to get behind a wheel while under the influence of a mind altering substance. Sobriety Court Judges are not “itching” to send you to jail. They are well meaning individuals trying to keep you from hurting others or yourself. Period. Jail Sentence is their last resort. Your sincerity to help yourself will always prove to be your best advocate for keeping you from doing time.

Mandatory AA/NA meetings, random drug tests, living in a sober home are likely to apply. Reporting to the court, probation officer, being subjected to monitoring with a remote breathalyzer or ankle bracelet may or may not be part of the equation. Nonetheless, consider these “inconveniences” as a minor price for your freedom.

Thus, getting yourself admitted into a structured sober home is the mainstay of the approach. Enter Structured Living LLC, Ann Arbor, Michigan. The services provided by Structured Living LL, are an ideal fit for the DUI/DWI candidates that qualify under the above guidelines. Our “zero” tolerance and court friendly rules of stay that include random drug testing, curfew and daily monitoring, implemented through a resident house manager plus a supervisor, provide a practical and an economically preferred sentencing option to the criminal justice system for non violent alcohol & drug related offenses.

So, if you are seeking an economically viable and a court preferred defense option for a DUI or DWI, avoid jail and most importantly help yourself by remaining clean & sober call 734-846-0966 or visit www.soberooms.com for details. It may likely change your life for the better – forever.

View at www.youtube.com/watch?v=n54HRe3Gu7U

Points Of Interest:-
Low One Time Admission Fee of $300 with $495 monthly charges.

Ann Arbor ranks among the very top few “recovery friendly” cities in the United States.

Reputable Local IOP, Counseling and Therapy Services Available. Most Residents Qualify For A “Bridge Card” From The State For Free Groceries.

Structured Living LLC is a subsidized “giveback” personal initiative, financed and managed by A Grateful Recovering Alcoholic Serving Drug Treatment Centers nationwide. It is not State funded and does not accept any donations or contributions.

Via EPR Network
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ClaimsHeaven.co.uk Online Game Highlights Issues with Personal Injury Claims Marketing

Entertaining online consumer siteClaimsHeaven.co.uk has added a new free online game that takes a tongue-in-cheek look at the personal injury compensation industry in the UK to their array of claims resources.

If you’ve ever wondered about the personal industry claims market, and whether those adverts promising massive payouts if you have “been injured in an accident at home, at work or on the road” actually encourage a culture where people see being injured as a chance to cash in, then ClaimsHeaven.co.uk has a lot of interesting information and resources that can explain the way this controversial industry works, and help those who need to make genuine compensation claims avoid being ripped off or seduced by the promises of unscrupulous companies.

The latest tool the site offers consumers is a new free online game called Train 2 Claim that “trains” the player to become a better personal injury claimant. It involves the player’s character walking down a typical street with manhole covers and loose paving slabs, and having the ability to move to avoid these potential trip hazards. If you step on them, you’ll fall over, getting more and more injured the more times it happens. When the timer is up, you go and visit a compensation claims company to see how you’ve done. You then get a chance to try again, helping you learn what you need to do to get a bigger payout!

The game, and the supporting information can be found at:

www.claimsheaven.co.uk/games/train2claim.php

As well as being entertaining, it is intended to illustrate the problems in the personal industry claims market in the UK right now, and highlight the methods companies use that could potentially persuade people to make claims. The site is all about supporting legitimate claimants and helping people to understand the pitfalls and scams that exist in the UK claims industry, and aims to present its information through insightful, fun and interesting methods like this game.

Train 2 Claim is free to play through any popular internet browser, and users don’t need to submit any personal details to get access to the game, or any of the other information or games and resources on the site.

Via EPR Network
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Long Island Attorney Steven Cohn Clears Up Misconceptions About “Extortion” — Howard Fensterman Morrell

In lawsuits, when two parties are suing each other, it has been custom and practice for decades across the U.S. that in many instances the opposing attorneys informally exchange the suits with each other before they are formally filed with the clerk of the court.

The purpose of this long-accepted courtesy is to allow the attorneys to talk together and see if any or all parts of the parties’ lawsuits can be settled or resolved before going through lengthy and expensive litigation.

This is a key tenant that enables our civil justice system to move forward efficiently and not become bogged down in endless litigation of lawsuits that otherwise could be settled out of court.

In these instances, typically, the attorney for one or both parties get to the point where they say “it may well be in our mutual financial interests to terminate or resolve all or parts of these suits.”

A recent case in point where this happened involves Scott Morrell of Long Island’s Morrell’s Caterers, one of the largest catering services on Long Island . Importantly, in early 2012, Morrell faced three lawsuits for allegedly illegal and deceitful acts.

Background: Three Lawsuits Against Morrell Kosher Caterer

One was brought by two senior employees of his catering firm. Another was initiated by hundreds of former employees, and a third lawsuit against Morrell was brought by Long Island attorney and Morrell client, Howard Fensterman [Howard Fensterman Morrell]. Morrell is a long-time friend of Fensterman with whom Morrell had participated over the last ten years in separate, outside investments.

Specifically, according to numerous news media reports, including an article in the Long Island Press of February 16, the first lawsuit – - by two senior employees of Morrell’s catering business – - accused Morrell of deliberately bringing non kosher food into what was supposed to be a kosher catering kitchen, thus effectively “contaminating” both the food and kitchen in violation of Jewish law. Examples of the non-kosher food introduced into the kosher kitchen by Morrell include shrimp, lobster, pepperoni, prosciutto, and sausage. Despite this, Morrell represented that the food being served at kosher events his firm was catering was in fact kosher and, as such, customers were charged more money for that.

The second lawsuit, by hundreds of former Morrell employees, accused Morrellscompany of, over a six year period, holding onto the service charges included in the catering contracts that were earmarked for waiters, bus staff and maitre d’s. The employees said that the caterer also demanded that they give back to Scott Morrell, personally, any cash tips they received at events catered by Morrell’s company.

The third lawsuit against Morrell, by attorney Howard Fensterman, alleges breach of contract and fraud by Morrell related to a function Fensterman hosted on May 29, 2010 — an event catered by Morrell’s firm. The suit accuses Morrell of two dishonest actions — Howard Fensterman Morrell. First, the suit accuses Morrell of charging Fensterman apremium for top shelf brands of liquor and, instead, serving lower priced brands.Second, the suit accuses Morrell of encouraging Fensterman to pay, and receiving from Fensterman, an 18 % service charge above the cost of the affair, to assure more attentive service from the Morrell staff and a higher quality affair, without telling Fensterman that he, Morrell, was going to keep the money for himself.

Morrell Tries To “Switch The Topic” — Howard Fensterman Morrell

Howard Fensterman Morrell — In an attempt to deflect public attention from these allegations , Morrell’s response was to try to change the subject, alleging that the presentation of Howard Fensterman’s lawsuit to Morrell’s attorneys, prior to its filing in court, was an attempt to “extort” Morrell.

The facts are that Long Island attorney Steve Cohn, personally hand delivered the lawsuit to the office of Morrell’s attorneys to see if a pre-filing resolution might be achieved, avoiding the monetary and emotional cost of litigation for the parties.

Morrell’s desperate action was to cry “extortion” in the hope of diverting the attention of past clients , rabbis and congregation members from his alleged actions of breach of one of the most sacred duties of a kosher caterer — in essence, serving non-kosher food to unsuspecting clients and their guests. Morrell’s diversionary tactics were also meant to shift the media attention away from his alleged acts and to try to discredit Howard Fensterman’s good name.

Via EPR Network
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