On September 1, 2017, in what could not be worse timing for the residents of Texas still reeling from the aftermath of hurricane Harvey, a new law is going into effect that benefits insurers in the state rather than the insured. In summary, the big changes to the insurance claim laws do two major things: Reduce monetary awards that result after litigation, and De-incentivize attorneys from filing court claims against insurers....
Accidents happen, and when they happen in the workplace, they can leave you too injured to work. And missing work, even for a short time, can be devastating on your finances. Lucky for you, most employers are required to contribute to workers’ compensation insurance policies and most people injured by on-the-job injuries are eligible for workers’ comp benefits. But do you have to file a workers’ comp claim immediately? What if your injury or illness worsens over time?...
Those good old tobacco cases just never quite go away. Take the $10-billion verdict against Altria Group in the Price v. Philip Morris. The Fifth District Appellate Court of Illinois has just reinstated the verdict. A Madison County Judge had ruled that Philip Morris, a unit of Altria, intentionally misled Illinois smokers about the dangerous of light or low-tar cigarettes and hit the company with over $10 billion in damages. That 2003 decision was later overturned....
A $2.5 billion DePuy ASR settlement has been finalized for thousands of patients who were forced to undergo painful surgery to replace their metal hip implants. DePuy, the maker of the affected implants, and its parent company J&J, will fund the settlement. More than 94 percent of plaintiffs – about 7,200 ASR patients – have agreed to its terms, according to the San Francisco-based law firm Walkup, Melodia, Kelly & Schoenberger, which filed the first DePuy ASR lawsuit in 2009....
To successfully lead, you must earn your employees’ respect. Not only does it go a long way toward creating a more harmonious workplace, but it can also be part of a strategy to help prevent employee lawsuits. Gaining employees’ respect requires diligence, humility and a collaborative spirit. At the end of the day, to achieve sustainable success as a leader, you must put people first. Here are three ways to earn respect from your employees:...
You want to get your small business’s name and product out there. But you don’t want to get sued over it. You also might want to drum up business for a sale, but don’t want to violate state or federal commercial codes. So how do you advertise right? Here are a few tips and things to consider, from our archives: 1. Small Business Truth-in-Ads Tips A good place to start is to be honest in your advertising....
With so many cars on the road, and so many ridesharing apps around, many drivers use colorful lights to both attract new users and alert clients to their arrival. The lights are also useful to users to avoid getting into the wrong car. But are they legal? That might depend on where you’re driving. According to Kansas State Troopers, glowing LED app logos in the front window of a car violate Kansas Traffic Statute 8-1729, which prohibits “any vehicle or equipment upon any highway [from having] any lamp or device displaying any color of light visible from directly in front of the center thereof except white or amber or any shade of color between white and amber....
When word got out that former Trump campaign chairman Paul Manafort had three U.S. passports to his name when he was indicted on federal money laundering, false statement, and conspiracy against the United States charges, the first question that popped up for most people was: Just how many U.S. passports can one person have? The short answer is one. The long answer involves some exceptions that allow a person to hold multiple U....
To keep up with consumer demand for massive holiday deals and discounts on Black Friday, many retailers have begun to offer “fake discounts.” In cahoots with their suppliers, these businesses set starting prices that, after all the markdowns, will yield the profit margins they want – but still give customers the impression of a blowout sale, according to The Wall Street Journal. But fake holiday discounts and deals can potentially constitute a deceptive business practice....
It happens all too often that when a small business owner wants to retire they realize that they have no exit strategy. Sometimes the lack of an exit strategy is due to the expectation that a child will take over running the business. Unfortunately, what often gets overlooked is that not having an exit strategy can leave that child in a situation where much of the business is lost. The sooner a small business owner recognizes the need for an exit plan (aka a succession plan), especially if that plan is simply to transfer the business to their kids rather than sell it off, the better off the business will be....
Partnerships are easy to form, if not always easy to maintain and manage smoothly, so you don’t necessarily need a lawyer to create one. Still, having a lawyer formalize your agreement to co-own a business is a good idea, even if you and your new partner could go it alone technically. Let’s look briefly at partnerships, how they are formed, and why you should consult with a lawyer. The first thing you and your partner should do is choose the type of partnership that is appropriate for you – general, limited, or joint venture....
You’ve probably encountered employees who dress in a provocative or unkempt manner. And you probably debated whether to bring it up. If you don’t have an employee dress code, creating one can be an easy fix. But what if an employee is simply not following the rules? It’s not easy to tell her that she’s dressing provocatively. Or to tell him he really needs to pull up his pants. Consider one of the following suggestions:...
Legal services can be expensive, but for some issues, there may be free legal aid available. But how do you find free legal aid? Here’s a general overview about how to qualify for free legal aid and where to find it: When you think of “free legal aid,” most people think of legal aid organizations that provide free services for those who are unable to afford a private lawyer. The downside is that because of limited funding, legal aid services can only take on a few select cases, such as landlord/tenant disputes, denial of unemployment benefits, and consumer credit issues....
You’ve been injured, saw a doctor, notified your employer, and filed a workers’ compensation claim. You’re receiving benefit payments to cover your medical expenses and lost wages, but how long will they last? What if you can’t return to work in a week, a month, a year? Will you still be covered? Can You Work? In addition to compensating you for your medical costs, workers’ compensation pays you for lost wages that you suffer....
You’ve probably imagined what it would be like to win the Powerball jackpot, but do your dreams include an IRS tax collector celebrating with you? Maybe they should. Wednesday’s jackpot is expected to be a record $425 million. The numbers are making people lotto-crazy, but if you win, don’t expect to be $425 million richer. Instead, you’ll have a lot of paperwork to do and some financial (and legal) decisions to make....
A new report issued by the Treasury Department’s Inspector General is calling into question the IRS’s practice of seizing the bank accounts of small businesses suspected of laundering money. In essence, the IRS was seizing money with no evidence of criminal wrongdoing and refusing to return the money without getting a cut. The report explains that, from 2012 to 2015, the IRS seized over $17 million dollars from small businesses for allegedly structuring bank deposits....
If you’re at fault in a car accident, you’re liable for your damages. Simple. This straightforward issue of liability can become complicated if, at the time of the accident, you were on the clock working, or you were driving the company car. Is your employer ever liable for your car accidents? The employee’s actions were within the scope of employment. The employee’s actions were done on the job. The employee was doing an activity the employee was hired to do....
It’s a rare situation, in this day and age, that all Americans actually agree about something. However, regardless of where public opinion lies, the federal courts are being asked to decide an issue of utmost importance and significance to the public: Is there a federal, constitutional right to education? A federal lawsuit stemming from the deplorable conditions within the Detroit Public School (DPS) system is seeking to hold the state of Michigan liable for violating the constitutional right to education for the DPS students....
The Guantanamo Detainee Review Task Force is recommending that nearly 50 detainees be held indefinitely without charge. According to the Washington Post, the task force determined that those Gitmo prisoners facing indefinite detention are too dangerous to be released and there is not enough evidence for a criminal trial. In addition, the panel recommends that 35 others be brought to the U.S. and face military or civilian trials. Several of the men in this group allegedly spent time at al Qaeda training camps in Afghanistan prior to the 9/11 attacks or were linked to the Taliban....
Can you legally fire an employee just for looking for another job? This commonly occurs when an employee is caught using office equipment to apply for another job, or when an employee walks in late, dressed a bit nicer than usual, raising suspicions that she just came from a job interview. It is OK to fire a worker over this? The answer, in most cases, is yes. Most employment arrangements are at-will, meaning employees can be fired for any reason, at any time, including job hunting....
