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Most people are well aware of the fact that if a hospital or doctor makes a mistake, or is negligent, a medical malpractice claim can be made. However, when hospice services fail to provide care, or provide substandard care, individuals, family members, and loved ones, are often confused about possible legal remedies. Shockingly, this occurs more often than the hospice industry would like to admit. People in hospice care generally must be terminally ill and seeking palliative care, meaning medical treatment that is not intended to cure the problem, but rather just reduce or relieve associated pains....

If you’ve agreed to a settlement in your injury case, you may be wondering what happens if the other side doesn’t live up to their end of the bargain. So how do you enforce a settlement agreement? As it turns out, just expecting the other party to hold up their side of the deal might not be enough, and even requesting compliance in writing may not mean you’ll get paid. So here are a couple considerations when it comes time to enforce a settlement agreement....

Are you planning for the future? What will happen to your property after you pass? Will it go into months and months of probate while your family wait and pay hundreds in court costs and legal fees? Or, do you have a living trust? Are you considering setting up a living trust yourself? Living Trust A trust is an arrangement that sets out guidelines and directions for management of your property....

When filling out forms, most of us don’t think twice about the information we write down, including which box we check for gender. But it’s not that way for everyone. Recently, one individual says that since they don’t identify as either male or female they couldn’t honestly select one or the other on their passport application. However, because the applicant didn’t complete that section, the State Department refused to grant the intersex traveler a passport....

“Lane splitting,” the practice of riding a motorcycle down the dividing line between two lanes of traffic, is practiced by motorcycle enthusiasts nationwide. But is lane splitting legal? There aren’t any federal laws addressing the issue, but some state laws do address the practice of lane splitting. However, many states’ traffic laws don’t mention lane splitting at all. Here’s what you need to know about state laws regarding lane splitting:...

For better or worse, we live on our phones. And our smartphones contain a whole lot of data we’d rather not share with most people, including (and maybe especially) the police. Phone companies recognize security is a selling feature, so keeping your data safe from prying eyes has been a priority of late. Last fall, Apple released a new “cop button” feature for the iPhone. And this month, the latest update to the iPhone’s operating system includes a way to block USB devices being used by law enforcement and private companies to crack your passcode and encryption safeguards....

Men’s Wearhouse has ousted Executive Chairman George Zimmer, the face of the company he founded 40 years ago, sending its shares down as much as 6%. Remember the guy with a smooth husky voice, who appears in TV commercials and closes with the slogan, “You’re going to like the way you look. I guarantee it”? That’s Zimmer. The board gave no reason for the ouster, but Zimmer suspects it was to silence him because he expressed concerns over the direction the board was taking his company, Reuters reports....

In both his campaign rhetoric and his executive orders since becoming president, Donald Trump has been bullish on immigration. And while some of that executive action hasn’t had its intended effect, immigration arrests have risen sharply since Trump took office, leaving many immigrants wary of their status – and their safety – in the United States. That uncertainty wasn’t helped with two seemingly contradictory actions from the Trump administration last week....

Are schools actually banning tag at recess? Yes, the beloved classic game of kids chasing each another around to “tag” one another is actually raising some concerns at many schools because of injuries that have resulted, The Associated Press reports. For example, one elementary school in Nashua, New Hampshire, recently infomed parents it is prohibiting games of “tag” and reinforcing its “no contact” rule when it comes to recess. While many may feel this is unnecessary, the New Hampshire school is not alone....

Not surprisingly, President Obama’s recently released budget proposal for fiscal year 2011 has elicited polarized views from the business community. He’s beginning to stand up to Wall Street and large corporations, at least rhetorically, while promising much-needed relief for small to mid-size businesses (US News). Beyond the president’s expected populist stance, however, are a few arguably substantive budget proposals for Main Street: A few other budget provisions also might help small businesses, including the proposal to make the R&D tax credit permanent and a proposal to allow businesses to carry back operating losses....

Reselling books online just got a lot easier for those with connections overseas, where some titles are much cheaper to purchase. In a case called Kirtsaeng v. Wiley & Sons, the U.S. Supreme Court ruled that it’s perfectly OK to buy books that are legally produced abroad and resell them at a profit in the United States. (You can read the ruling in its entirety at FindLaw’s Courtside blog.) The “first sale” docrtine allows the lawful purchaser of a copyrighted book to resell it, lend it to someone else, or give it away....

Snapchatters may be relieved to know that last week the “mobile storytelling app” stood up to support your right to take selfies in a voting booth. The “ballot selfie” case arises out of New Hampshire, where a judge last year struck down a ban on ballot box photography, finding the ban curbed First Amendment free speech rights. Snapchat disagrees with the ban, so filed an amicus brief last week. This is the first time the five-year-old company has independently filed such a brief....

Taser International Inc. is no stranger to lawsuits, but it got zapped with a zinger this time. According to the Las Vegas Sun, the Scottsdale, Arizona manufacturer is getting sued in a taser lawsuit by the family of a Las Vegas doctor who died in 2008. A Nevada Highway Patrol officer allegedly tasered him when he got pulled over on his way to work in Interstate 15 which allegedly caused him to turn blue at the scene and die....

Federal laws make it illegal to discriminate based on race, age, sex, nationality, disability, or religion when it comes to employment, housing, voting rights, education, and access to public facilities. And some states have extended these protections to prohibit discrimination based on sexual orientation or gender identity or expression. Some states, on the other hand, haven’t just declined to enact statutes against LGBT discrimination, but have passed laws limiting the authority of cities located within their borders to do so....

With the economy still not fully recovered, many individuals find themselves laid off and not working. But just because you lost your job, this does not mean you’ll lose your source of income. In fact, many employees may qualify for unemployment benefits that can help them through the rough patch before getting back on their feet. Generally, government sponsored unemployment benefits programs provide individuals monetary assistance that is based partly on how much they were paid at their previous position....

A lot can go wrong during a kidney transplant. The patient can seize on the table, bleed out, or reject the kidney. Even worse? The doctors can implant the wrong kidney. As USC University Hospital knows, it happens. USC announced last week that it had temporarily halted kidney transplants after the wrong kidney was accidentally implanted into a patient last month. USC kidney transplants, however, may resume within the next week....

Most states have some sort of dram shop law that allows victims of drunken driving accidents to hold a drinking establishment responsible for their injuries. The basis for dram shop laws is that bars should bear some responsibility when they knowingly serve alcohol to someone obviously intoxicated, and then send that person on his way. As a result, injury victims or their family members may be able to seek monetary damages against these establishments in personal injury lawsuits....

Many small business owners create innovative new works in order to entice consumers. Some might wonder what is copyright protection? Or how can copyright law help me or my business? Maybe you spent hours working on that new jingle for your television commercial. Or, perhaps you’ve just hired a new graphics artist to create your company’s logo and illustrate new artwork for your print ad. Whatever the case, copyright protection can help protect your image and your property....

An Idaho bank clerk who won half of the $380 Mega Millions lottery may have to split the jackpot with estranged husband Josh Lahti. While the two have had a checkered past, there is no record of a divorce on file, USA Today reports. As a result, under Idaho community property law, Joshua Lahti may be entitled to half of Holly Lahti’s winnings. Holly Lahti married Joshua Lahti in 2001 and they were legally separated but not divorced, according to MSNBC....

As a small business owner, knowing some of the intricacies of wrongful termination law can be vital to preserving your business. Illegal firing of employees for reasons you may believe are justified might just land you in a costly wrongful termination lawsuit. Most employees are “at will” in the U.S., meaning that they can be fired for whatever reason you want. Of course, that reason must be a legal reason....