Posts

The Obama Administration appears poised to use a method called “reconciliation” to pass a new health-care bill. If you’re like the rest of America, which incidentally seems to include many news anchors, you might be asking, “what is reconciliation?” First of all, they are talking about budget reconciliation. Well… what is budget reconciliation? One feature of budget reconciliation, and the reason we’ve been hearing so much about it, is that reconciliation is a way in which Congress can get a bill through the Senate with 51 votes (without needing to get to 60 in order to avoid filibuster)....

What is a frivolous lawsuit? The phrase may trigger associations with some famous cases, such as the McDonald’s spilled coffee case (though that lawsuit was actually not frivolous, for reasons that will be explained below). Legally speaking, a frivolous lawsuit is one that asserts a legal claim that has no legal merit whatsoever. Because frivolous suits lack merit, they are generally tossed out by courts. But that’s not to say frivolous lawsuits don’t lead to legal consequences for the party who filed the nonsense suit, along with legal hassles for the intended target....

While a divorce may end all your marital obligations to your ex-spouse, it may not end all your financial obligations. Even in a divorce that doesn’t involve children, you may owe your ex alimony or spousal support – monthly payments designed to limit any unfair economic effects of a divorce by providing income to a non- or lower-wage-earning spouse. But determining how much a spouse will owe or receive in alimony isn’t always so straightforward....

There can be times when employees are just acting so strangely that managers or business owners have to ask themselves: Is my employee on drugs? Generally, if an employer has actual evidence of illegal drug use by on duty employees, then there will be good cause for immediate discipline including termination, particularly if they are putting the safety of others at risk. However, if an employer only has a suspicion that an employee is on drugs, then more evidence should be gathered before any decisions are made or actions taken....

Finding an attorney is a daunting task, especially when you aren’t sure what you should be looking for when choosing an attorney. After all, if you get into an accident or are injured, and believe that you have a case that has some legal merit, who should you turn to? Sure, there are the lawyers that your friends or family might recommend to you. Finding an attorney through a recommendation of a friend may be a good way to assess the qualifications of an attorney....

As we documented earlier this week, some people seem to be a little overeager to call the cops. And while there are times when you don’t need to call the police, there are obviously some times when you should. If your physical safety is threatened, if another person’s is at risk, or if you’re a victim or witness to a property crime, you should contact law enforcement. But how do you know when a crime has occurred?...

When you and your spouse go to a Stokes interview, be prepared to answer many detailed and difficult questions about your lives together, separately. Even couples who truly love each other can get very nervous about this kind of interview, and for good reason. A Stokes interview is when you and your spouse are separately questioned by an immigration officer about all aspects of your marriage to prove that it is not a fraud....

A lawsuit filed over the weekend against the Washington D.C. Water and Sewer Authority (WASA) alleges that the agency violated the civil rights of over 20 DC homeowners and residents as a result of a sewage eruption. The residents were all forced to evacuate their homes when, in November of last year, sewage rising from the public system caused each home to be filled with two to three feet of standing raw sewage....

Undocumented immigrants beware: sanctuary cities are not all they are reported to be, and a certain elected official wants to do away with them. For undocumented immigrants that live in sanctuary cities, the next presidential term will require staying aware of whether Donald Trump follows through on the threatened consequences for cities and counties that continue to provide sanctuary for undocumented immigrants. Many cities have vowed to protect their populations, but what does that even mean?...

When you’re running a business in a sluggish economy, layoffs may be inevitable. But before you hand out those pink slips, you may want to consider a few legal tips first. As you probably know, wrongful termination claims are among the most common types of employee lawsuits. That’s why it’s important to make sure you’re complying with federal and state employment laws. So before you make the difficult decision to let your employees go, here are five legal considerations to keep in mind:...

Divorce can be stressful enough without worrying about mounting legal costs. But as Susan Steinbrecher wrote for Inc., you might be able to complete your divorce by paying less than $100. Cooperating with your spouse and choosing non-adversarial legal options, among other tactics, can potentially keep your divorce costs minimal. Here are five ways you may be able to lower the costs of your divorce: While this isn’t always the case, if you and your spouse agree on the major issues that face most divorcing couples (custody, property, spousal support, etc....

The thought of representing yourself in a personal injury case, known legally as proceeding pro se, is pretty tantalizing. After all, how hard could it really be? The answer: pretty darn hard. As the plaintiff in a personal injury case (as with any legal proceeding), you have the right to act as your own attorney. But should you? Or should you instead enlist the help of a personal injury lawyer with more experience and expertise?...

They say there is nothing certain but death and taxes. And while small businesses may be able to sidestep death, they are still in line to pay taxes. But, Uncle Sam does try to help out by providing a number of tax deductions aimed at supporting the small business sector. Here are a few top picks of small business tax deductions for and how to use them. So though running a small business may be all-consume and a daily challenge, rest assured knowing there are tools to help....

This past weekend, state authorities have ordered Pacific Gas & Electric to make a complete safety review of all natural gas lines in its system. This order comes on the heels of the major explosion in San Bruno, California on September 9, which killed at least four people and destroyed as many as 37 homes. The first lines to be inspected by PG&E should be high pressure gas lines, like the one blamed for the San Bruno fire, according to the Los Angeles Times....

As anyone will tell you, your freedom should not depend on how much money you have. But for many people charged with a crime, whether they could afford bail or not – to say nothing of their guilt – determined whether they would remain in jail until their case was resolved. The money bail system has often been the target of criminal justice reformers, and has recently fallen under the scrutiny of courts and judges as well....

Recently, an off-duty Ohio police officer used a Taser on an eleven-year-old girl caught shoplifting in a grocery store late on a Monday evening. In that instance, police department had a policy that Tasers could be used on anyone seven and older, but only after certain protocols had been taken. That officer likely didn’t follow proper protocol. But it brings up a good question: Can cops use Tasers on children?...

Hospitals perform all kinds of tests in order to provide necessary medical care. And in some cases, it may be necessary to know what’s in a patient’s bloodstream before knowing the proper course of treatment. But what if patients don’t consent to a drug test? Or don’t even know they’re being tested? And are there ethical or legal considerations when turning the results of these drug tests over to police?...

Raising kids is hard. Anybody who becomes a parent thinking that it will be easy, probably shouldn’t be allowed to be a parent in the first place. Raising an adopted child can be especially challenging. Often, these children have been abused and traumatized before they are adopted. Many have psychological issues that require extra resources and care. However, many adopted parents excitedly bring home a child from Africa or Asia thinking that they’ll just live happily ever after....

Can you legally get out of a franchise agreement? Buying a franchise may seem like a great business opportunity, but there are a few situations that may warrant the termination of a franchise contract. Although it’s best to talk to a business and commercial law attorney about any issues that arise, here are a few ways you may be able to get out of your franchise agreement: Before you take the drastic step of terminating a franchise agreement, you may want to try to address your issues with the franchisor first – or hire a lawyer to do so on your behalf....

Police dogs, just like human police officers, occasionally get the wrong man. But when the police “officer” detaining you has Vise-Grip jaws and razor-sharp teeth, a mistake can damage more than just your dignity. Case in point: A South Dakota man who police say was an innocent bystander was mistakenly bitten by a police dog, The Argus Leader reported earlier this week. Cops were able to call the dog off the bystander and onto the actual suspect, who was then captured....