Nursing Home V Independent Care Legal Differences

Maybe you have aging parents or perhaps you are wondering for yourself what choices to make as you approach your twilight years. There’s a lot to consider when choosing between a nursing home and an independent care facility. One thing to think about is the legal differences. Independent care certainly sounds appealing. Who doesn’t want to be independent well into old age? But reports about an 87-year-old woman’s death at an independent care facility where a nurse refused to perform CPR may make you wonder what that independence may cost you....

February 24, 2022 · 2 min · 379 words · Erma Grim

Police Liable For Shooting Killing Wrong Man

Florida police recently shot an innocent victim as they knocked on the wrong door looking for an attempted murder suspect. Andrew Lee Scott was minding his own business when there was a banging on his door. Not expecting any visitors, the 26-year-old pizza deliveryman got his gun and opened up the door. As the door opened, the police saw someone they believed to be the murder suspect with a gun trained on them....

February 24, 2022 · 2 min · 376 words · Hugh Buchanan

Push For Federal Oversight Of Inglewood Police

One California Congresswoman, Rep. Maxine Waters, is pushing for federal oversight of Inglewood police department. She is determined to do so after a report released by the U.S. Department of Justice, which found significant flaws in police policies covering use of force. According to the Los Angeles Times, a comprehensive review by the Justice Department found Inglewood’s police policies on the use of force are poorly written and legally inadequate despite recent reform efforts....

February 24, 2022 · 2 min · 400 words · Rebecca Burnett

Supreme Court To Consider 5 Gay Marriage Cases At Fall Conference

As the U.S. Supreme Court prepares for the opening conference of its October 2014 term, the Court is set to consider whether or not to hear cases from five states dealing with the constitutionality of same-sex marriage bans. The cases – from Wisconsin, Utah, Virginia, Oklahoma, and Indiana – will be among the first cases considered by the Court when justices meet on September 29, reports USA Today. Does this mean the Supreme Court is going to rule on the constitutionality of state bans on same-sex marriage?...

February 24, 2022 · 3 min · 449 words · Judy Safdeye

To Change Child Custody Agreement Lawyer Must Pay 10K To Ex

A Pennsylvania court has ruled that an attorney is bound by the terms of a child custody agreement that requires him to pay $10,000 to his ex-partner every time he files a court action to modify the agreement. In a somewhat ironic twist, it turns out the attorney drafted the agreement himself, reports The Patriot-News. Although a lower court had ruled in the attorney’s favor, finding that the agreement was void as being counter to public policy concerns, the state Superior Court – one of two statewide appellate courts – disagreed....

February 24, 2022 · 3 min · 432 words · Ernesto Mann

Transgender Workers Now A Protected Class Eeoc Rules

Don’t discriminate against transgender employees or job applicants. Up until now, this bit of advice likely would have been rooted in morality. But now, it comes straight from the Equal Employment Opportunity Commission, the agency tasked with interpreting federal employment discrimination laws. And according to a new ruling issued by the Commission, transgender discrimination is prohibited Title VII. So if you engage in such discrimination, the agency may come knocking on your door....

February 24, 2022 · 2 min · 357 words · Joseph Box

5M Scooter Injury Suit Dismissed On Technicality

A Massachusetts man who fell from a police scooter had his injury suit tossed out of court Monday because of a technicality. Reyes Cotto, 79, was in a coma for almost two weeks after tumbling from a police scooter in 2009, incurring more than $400,000 in medical bills. Cotto’s $5 million lawsuit against the city of Lowell, Massachusetts, alleged that a police officer had negligently allowed him to use the police scooter without a helmet, reports the Lowell Sun....

February 23, 2022 · 3 min · 469 words · Ronald Casparian

Hold Your Wee For A Wii Death Brings Big Verdict

A California jury came back with a huge verdict for the family of a 28 year old woman who died as a result of a radio contest gone bad. According to the AP, Jennifer Strange, a mother of three children, died of acute water intoxication. She died because of her participation in a radio contest called “Hold Your Wee for a Wii.” The contest, which was held in January 2007, was to see which contestant could drink the most water without going to the bathroom....

February 23, 2022 · 2 min · 399 words · Jeanine Wright

10 Laws You Should Know If You Re In New York

Ah New York, there’s really no way to fake the Empire State. And that’s certainly true of its laws. Don’t be one of those out-of-town yokels who gets a ticket for texting while driving in Manhattan. Check out these 10 laws you should know if you’re in New York: DWI threshold and consequences. You should avoid drinking and driving in any state, but a DWI in New York (where the legal blood-alcohol limit is 0....

February 23, 2022 · 3 min · 493 words · Diane Lee

3 Things To Know When Injured Workers Return

You may have some employees who have been injured on the job. They may have taken some time off to attend to their health. As an employer, you may wonder what you should do when they return to work after being injured – and what workers’ compensation law has to say about it. It depends on your state. Different states have different rules that govern what benefits previously injured employees should receive....

February 23, 2022 · 2 min · 375 words · Ralph Roundtree

Am I Legally Required To Approve Doctor Appointments

There’s always that employee – the one that tells you last-minute about a doctor’s appointment, or schedules one when he has no more paid time off. It’s usually during a busy time, too. Before you respond and decline the request, stop and think about the situation. Ask yourself whether you are legally required to give that employee time off for a doctor’s appointment. In some circumstances, you may have to....

February 23, 2022 · 2 min · 364 words · Donna Cook

Are There Defenses To Age Discrimination

Age discrimination claims are an increasingly common source of employment litigation. According to a report last year by the U.S. Equal Employment Opportunity Commission, age discrimination claims filed with the EEOC have increased by 38% since 2006. Age discrimination suits are also making headlines: News network CNN was sued this week for $5 million by a former producer who claims he was discriminated against and wrongfully terminated, reports The Hollywood Reporter....

February 23, 2022 · 2 min · 404 words · Joan Palo

California Supreme Court Examines Jessica S Law

The California Supreme Court is questioning the legality of Jessica’s Law violates and whether sex predators should be treated differently from other violent offenders. According to the Los Angeles Times, the California Supreme Court ruled that a provision of Jessica’s Law to lock up sexually violent predators indefinitely may violate constitutional guarantees of equal protection. Next, a fact finding hearing will examine the issue further. Currently, Proposition 83, also known as “Jessica’s Law,” permits sexually violent predators to be treated differently from other violent felons, who can be held only for defined terms in mental health facilities after prison....

February 23, 2022 · 2 min · 360 words · Rose Creech

Can A County Clerk Defy A Court Order

The U.S. Supreme Court granted all same-sex couples the right to marry this June, but not all county clerks were happy with the decision. In particular, Kim Davis, the County Clerk of Rowan County, Kentucky, refused to issue any marriage licenses in the wake of the ruling, citing her religious beliefs. Late yesterday, the Supreme Court declined to hear Davis’s appeal, allowing a lower court decision directing her to issue marriage licenses to same-sex couples to stand....

February 23, 2022 · 3 min · 456 words · Craig Wood

Did Serial Infector Spread Hep C To Thousands

Last week it was believed David Kwiatkowski, the alleged serial infector of hepatitis C, may have infected 30 people with the potentially life threatening disease. Now, that number has been estimated up - way up. It’s now believed that Kwiatkowski may have infected “tens of thousands” of patients in at least 13 hospitals, reports ABC. Kwiatkowski is alleged to have been a drug addict who was stealing the high power painkiller Fentanyl from the hospitals he worked at....

February 23, 2022 · 2 min · 300 words · Nathan Gray

Divorce Lawyers Target The Untrusting Men Niche

So you’re a man going through a divorce and you need a divorce lawyer. You may have noticed an increasing trend of divorce lawyers that market themselves specifically for husbands. You may be wondering if this is a gimmick or if there’s really something there that can help you. Depending upon your situation, such niche specialty lawyers may actually be just what you’re looking for, reports The Wall Street Journal....

February 23, 2022 · 2 min · 370 words · Todd Watkins

Employer Sued By Woman Fired For Flipping Off The President

Remember that photo of the cyclist flipping off President Trump’s motorcade in Virginia? You may also remember that she was forced to resign just days after the photo went viral. Now the Virginia woman is suing her former employer, claiming they violated her right to free speech. Fired for Violating Social Media Policy Although it was not even readily apparent that Juli Briskman was the woman in the photo, she did post it as her profile picture on both Facebook and Twitter....

February 23, 2022 · 3 min · 538 words · John Strickland

Findlaw Survey Half Of All Americans Use Work Internet For Personal Use

A new FindLaw.com survey found that 50 percent of Americans admit to using the Internet at work for personal reasons. So, is having your staff pass around John Oliver’s latest skewering just the cost of doing business these days, or is there something you can do about it? Online on the Job And just imagine – if your employees have regular access to the Internet at work, the number that are using it for personal email, social media, and fantasy football is probably much higher than 50 percent....

February 23, 2022 · 3 min · 524 words · Travis Worton

First Steps If Injured While Shopping

Any time a person is injured, the first thing the injured person should be concerned with is their injury. However, if you are injured while shopping, there may be legal considerations that, if you are able to remember, could be the evidence you never thought you’d need. When a person is injured in a store, their first thought is rarely about suing the responsible party. However, if the injury happens at a retail store, it’s a good idea to immediately gather some evidence as your legal case could depend on it, and those types of injuries frequently lead to legal claims....

February 23, 2022 · 3 min · 446 words · Wade Rector

Gather Around Tree To Make Legal Decisions

What better way to spend the holidays than talking about death? Or you know, what would happen if you were on the precipice of death. It’s a bit morbid, but the American Bar Association’s Commission on Law & Aging has released a new publication offering a bare bones durable power of attorney. The organization thinks you should take some time this holiday season to talk about the future. After dinner and presents, of course....

February 23, 2022 · 2 min · 358 words · Morgan Sprague