November 30th, 2008
We often hear stories of police officers arresting folks for exercising their rights, but apparently, the cops are now picking on folks simply for exercising. That’s what Eric Turkewitz tells us at New York Personal Injury Attorney Blog, where he summarizes this New York Times article about Santa Monica police busting people for exercising on the median of a popular roadway. Apparently, the exercisers’ conduct violates a city ordinance that prohibits congregating in a public median. Since the patrols began, the city has issued eight citations — the fine is $158 — and has given warnings, which are generally heeded, to about 600 people a month.
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November 30th, 2008
The regulation of corporate acquisitions of Mexican public
companies is still in its early stages. In recent years, the Mexican
Congress and the National Banking and Securities Commission (CNBV)
(Comision Nacional Bancaria y de Valores), have adopted new
legislation and regulations with the purpose of creating a more
efficient, transparent and fair market for all participants.
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November 30th, 2008
This will be the first in a series of features on “Reviews and Cases of Note” in the Journal of Legal Economics that will focus on reviews of legal decisions, case studies and articles of interest to forensic economics that may have appeared in media that forensic economists do not typically read. The papers will not present original research in the sense usually required for double-blind editorial review. It must be written well enough to satisfy members of the editorial board of the journal, but reviews of this kind should not be claimed as “peer reviewed publications.” Lane Hudgins, Tom Ireland and Jerry Martin will serve as editors for this section, but other editorial board members may also be asked to comment on submissions. One of the objectives of this section is to assist writers in getting their reviews into publishable condition. Reviews should be short, but we will try to work with persons submitting reviews to get their reviews into publishable form to a degree that would not be appropriate with double blind editorial review. If you want to submit reviews for future issues, send drafts or suggestions to Tom Ireland at ireland@umsl.edu. Regular submission fees will not be charged. When legal cases are described, as in this first review, it should be understood that the author or authors are not legal experts and the descriptions provided should not be assumed to be authoritative or “good law” without consultation with a qualified legal expert.
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November 30th, 2008
Law of services—Medical certificate.
When a man is recruited and appointed, it is the first requirement of law that he should get himself medically examined and if t he doctor finds him fit only then he is allowed to join duty. Once a doctor has declared that he is not a fit person, then he can file an appeal and a next board of doctors shall examine him and if he is again found unfit for service, he is not allowed to join and if he is already in service, he is asked to leave the job.
Similarly when an employees wants leave on medical grounds, he is required to obtain a medical certificate and that certificate must be attached with the application for leave on medical grounds. And if the competent authority is not satisfied with the certificate obtained by the employee, then the competent authority shall direct him to present himself before the Civil Surgeon of the district or before some othr competent doctor for further examination. When an employees wants leave on medical grounds, he must obtain a certificate and only then his application shall be considered and the competent authority shall see whether that application should be accepted or the employee should be sent for further medical check up. A competent authority has this discretion with him and if he does not send the employee for further examination, then he shall have to accept the medical certificate and grant leave of the kind due to the employee.
Some organizations ask the employees to have medical examination or some employees are sent for examination and the employer is at liberty to have such checks and then decide as to whether the employee be kept in service or he should be sent on pension because every employer wants that only people who are fit should be kept in service. The employers often send their drivers to medical examination so that their eye sight could be checked and the competent authority must examine as to whether the man should be allowed to continue in service or his services should be terminated or he should be given pension or some alternative job in the organization.
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November 30th, 2008
More and more patients are deciding to sue the NHS for clinical negligence. This demonstrates that people are more aware of their rights and better informed about the service levels they should expect from the National Health Service. There is a paradox here because as the NHS improves quality of service and makes their service more transparent by informing patients of what they should expect, more and more people initiate a case against the NHS due to any failure or dissatisfaction in the quality of care provided.
In 1990 legal claims nationally cost the NHS £65.5 million. This figure rose to £560.3 million in 2005/2006. It is said that in some hospitals the number of claims have risen by 300% in the same time period, with an average number of claims being 60 per annum. The NHS Litigation Authority estimates that at present there are around £8.22 billion worth of outstanding claims throughout England and Wales. Claims against the NHS are dealt with under the CNST (Clinical Negligence Scheme for Trusts) guidelines, which ensure that claims are dealt with efficiently and effectively. The current length of time that it takes to deal with claims is 1.46 years.
Patients who sue the NHS must make sure that they have a genuine and valid claim. The NHS receives many ‘nuisance claims’ that have little or no merit. It is very unlikely that these claims will be settled in the claimant’s favour. With all claims the NHS Litigation Authority will carry out a risk evaluation to assess the NHS’s chance of losing. If the NHS determines that it may lose it will obviously make a settlement. However, with nuisance claims the NHS is unlikely to lose and will therefore not make a settlement. A claimant making such a claim stands to lose a lot of their own money and this makes such claims ultimately counterproductive.
The fear of making a nuisance claim shouldn’t hinder the making of genuine claims. Genuine claims can be settled out of court or go through court proceedings. It is important for genuine claims to be made because they highlight areas of negligence within the NHS that can then be worked upon and improved. Ultimately these claims help improve the overall service of the NHS and the quality of care provided for all clients.
Patients who sue the NHS should be aware that the law in this area is extremely complex. Because of this complexity it is important to seek out specialist legal advice and representation. When you approach solicitors you should ensure that they are members of the Action for Victims of Medical Accidents (AVMA). You will also need to decide how your claim is going to be funded. Finally you will need certain information to substantiate your claim, such as your own personal details, details of the doctors or specialist who have provided treatment, the address of hospital attended and a list of pertinent dates.
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November 29th, 2008
If you get a traffic ticket, traffic school may end up being just a small part of what you may have to face.
Some traffic tickets can come along with some pretty surprising fines, and you might soon discover that what you don’t know can cost you.
Feeling a little powerless in your current job? Become a crossing guard! If drivers disobey you, they will be facing a fine of nearly $200.00. This offense can be masked on a driving record with traffic school, however.
Do you have difficulty hanging a picture straight? Then you better let someone else put on your new registration tag. The fine for improperly attaching a current registration tab will set you back nearly $100.00.
Don’t even think about hopping on junior’s motor scooter and driving it while under the influence. Your fine? Nearly $300.00.
And just in case it was on your ‘To Do’ list, you better cross off knowingly transporting radioactive materials without a required license. If you are apprehended for this violation, your wallet will be just shy of $20,000. You can always to ask if you can attend traffic school for this violation from your prison cell, but don’t hold your breath.
In an effort to help you avoid future citations, I asked officer Stan Sokolis of the LAPD which traffic offense bothers him most.
“It really bothers me when people go straight through an intersection from a right-turn lane. Everyone else sits at the red light like they are supposed to and then when the light turns green, someone cuts out in front from the lane that is supposed to be turning right.”
This violation is referred to as ‘improper passing on the right’, you would be able to attend traffic school for it, and you will get a fine that is well over $100.
I then asked officer Sokolis, what annoys him most AFTER he pulls people over.
“I don’t like it when people question my integrity. I say I saw one thing and they insist that I didn’t see it. I mean, I know what I saw. Then they will say something like, ‘I will see you in court’. And I think-no problem!”
After Stan gets through with them in court, then they can spend some quality time participating in traffic school online.
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November 29th, 2008
Austin Mark is a lawyer working with LawyerAhead Inc. Best ways to find a lawyer, especially an immigration lawyer is to submit your case details on Lawyerahead.ca and have lawyers contact you with how they may be best able to help you with your unique legal needs.
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November 29th, 2008
The Supreme Court of Appeal on Friday reserved judgment until January 12 in the National Prosecuting Authority’s appeal against a high court ruling which effectively halted the prosecution of ANC President …
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November 29th, 2008
It’s not often that you hear that lawyers market too little. But that’s apparently the premise of this recent abstract entitled “Marketing Wills” that appears in the Elder Law Journal. (H/T Mark Merenda, Smart Marketing Blog) The paper’s authors, Michael McCunney and Alyssa DiRusso contend that intestacy levels (i.e., level of people who die without wills) remain high, in part because lawyers have not done a very good job of marketing wills to prospective clients. The authors suggest that lawyers use marketing experts to devise campaigns to educate clients on the need for wills. Scott Greenfield comments, noting that lawyers do not need to engage in marketing to educate the public and that perhaps, the bar associations are a more appropriate resource for providing education on wills than lawyers.
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November 29th, 2008
Visitors to Switzerland must sometimes get the impression that
every crack in the wall houses a bank. Besides household names such
as UBS and Credit Suisse concentrating on the strong home market as
well as the international investment business through their
respective investment banking arms, the roll-call also includes over
100 regional and …
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