Actor Rip Torn Arrested for Alleged Bank Break-In
January 31st, 2010Posted in Legal Questions | No Comments »
Posted in Legal Questions | No Comments »
When I wrote here two weeks ago about reports of the snowballing “nanny state” in the U.K., at least one commenter (with a “.uk” Web address) called the reports “tosh” and “half true.” Such reports, he said, were “merely anecdotal accounts” that said “nothing substantial about the nanny state.”
Perhaps. But here’s some more half-true tosh for you, guvna.
Via Overlawyered comes this story in the Telegraph about Nicole Mamo, who simply wanted to post an advertisement for a £5.80-an-hour domestic cleaner on her local Jobcentre Plus Web site. She wrote in the ad that any applicants for the job ”must be very reliable and hard-working.” When Ms. Mamo called the Jobcentre Plus the following day she was told that her ad could not be displayed because “the word ‘reliable’ meant they could be sued for discriminating against unreliable workers.” That could lead to litigation against Jobcentre Plus, she was told.
It appears that sanity somehow prevailed here, however, as the ad did eventually get posted. A spokeswoman for the Department for Work and Pensions refused to comment on
the phone call made to Ms. Mamo but confirmed that “reliability is important to employers, as it is for Jobcentre Plus — and we welcome ads seeking reliable applicants.”
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Have you purchased a car or truck recently, only to find out it is lemon? If so, you should know that there is in fact a law that protects consumers like yourself. However, it is very important to understand the lemon law requirements since they are fairly strict and vary by state.
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Roux-en-Y Gastric Bypass Surgery is one way to help people who are battling obesity lose weight, even if theyve never been able to lose weight before. It works by sectioning off a small part of the stomach and connecting it to the intestines, forcing the patient to eat less food and the body to absorb fewer calories. But as with any weight loss surgery, there are risks as well as benefits.
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Its true that there are many benefits to having the Roux-en-Y gastric bypass surgery. The first is, of course, that a person who is obese can lose weight. Because the entire body has changed, it is almost impossible for the patient to gain weight, especially if they follow the diet that they will be given. Their body will not absorb all of the calories from the food they eat, and they will be able to slim down in a relatively quick manner.
However, there are also some risks associated with this weight loss surgery. The first risk, and the scariest, is if the pouch breaks down. The pouch that is closed can possibly leak or break, and would require a surgery in order to repair it. It is also possible that the opening between the stomach pouch and the small intestine can shrink, which would also require a surgery to repair.
More common risks include being anemic from low iron levels or having low calcium levels, which can cause early osteoporosis. Gallstones and gallbladder attacks can occur more often when you lose weight in a rapid manner. Gastritis, which is an inflammation of the stomach lining, and heartburn are also common side effects, as is poor nutrition. People who eat more than their stomach pouch can handle will find themselves vomiting, and an incisional hernia can also occur.
There are many side effects that can develop from the Roux-en-Y gastric bypass surgery, but there are always side effects and risks that can come along with any weight loss surgery. It is up to you to talk with your surgeon to see if, in your case, the benefits outweigh the risks.
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Can we talk again about the the lady who lost her balance while walking in the
Metropolitan Museum of Art, tumbled into Picasso’s “The Actor” painting and caused a six-inch tear resulting in $65 million in damage? I’m having a little trouble getting past this.
Please tell me how this can happen. Not the “lady falling down” part, as that happens every day. I’m referring to the “I will place my $130 million item in a location where an everyday occurrence might cause $65 million in damage” part. Is this unique to the art world, which is apparently willing to cross its fingers every day and hope that nobody accidentally spills a drink, jabs an umbrella or has their three-year old throw a Power Ranger at century-old masterpieces? It’s one thing when you’re a careless billionaire who accidentally elbows his own Picasso, but shouldn’t a world-class museum have better protections in place?
Can anyone provide examples of other priceless or insanely expensive items that are left exposed in this way?
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Like clockwork I’m asked at least once a week whether I would suggest a potential client retain my services to fight a traffic violation in court. Like everything else in life, there are no cut and dry answers to this question. However, there are some general rules of thumb as to when it’s in your interest to have a criminal defense lawyer or dui lawyer by your side in court and when it might not be the wisest financial choice.
1.) If charged with a criminal traffic offense such as Operating a Motor Vehicle While Intoxicated, Driving While Suspended, Reckless Driving, etc., it is almost always in one’s interest to have a criminal attorney by your side. Any traffic offense that can land you in jail and/or with a suspended license is one that should be handled by a criminal attorney. Depending upon the jurisdiction, too many good people make the critical mistake of thinking that a court appearance is not a big deal if it is heard in traffic court. After all, “I’m not a criminal” such people say to themselves, why do I need to retain a criminal defense lawyer? Whether one likes it or not, drunk driving, driving while suspended, reckless driving etc. are considered criminal offenses in nearly all American courtrooms.
Unfortunately, one always has to keep in mind that a traffic law prosecutor often gets promoted on the severity of the criminal sentence imposed and NOT in looking out for one accused of a driving offenses best interests. As a result, it is often imperative that one accused of such a criminal offense in traffic court not leave potential criminal penalty and/or license suspension in the hands of one assigned to prosecute you for a criminal offense. By sending a message to a prosecutor that you will not be taken advantage of, it is often only the services of a criminal attorney that can eliminate the prospect of jail and/or probation with costly impediments to your liberty and livelihood.
By finding ways to reduce criminal charges that may otherwise prevent license suspensions with costly increases in high risk insurance rates or by impressing upon a prosecutor that it will require more effort than a prosecution is worth not to resolve the case in a prompt and fair manner, an effective criminal attorney is often well worth the financial investment. Depending upon the state, it is always advisable to consult with a criminal lawyer for free as to the criminal offense charged in traffic court and a winning strategy to employ within the particular courtroom one finds themselves in.
2.) One does not need to employ a criminal defense lawyer or dui attorney if charged with a traffic “infraction” that may not result in possible jail time or possible driver’s license suspension. In most American courtrooms a traffic infraction is a traffic violation that is punishable by monetary fine and/or adverse points to your driving record.
Unless circumstances exist where too many traffic infractions accumulated may result in a license suspension by your state’s department of motor vehicles, it is usually a wiser financial move to save whatever monies would be payable to a criminal attorney and use it to pay for any potential traffic fine for the violation. Yes, a defense attorney may be willing to fight an infraction for you in court at trial. However, in good conscience there are many criminal attorneys such as myself who take the position that such actions usually do more to benefit the financial interests of the trial attorney as opposed to the client paying them.
“But the police officer was wrong to ticket me, do I not have the right to go to trial?” Yes, you have the right to trial. However, unlike a criminal case standard whereby a prosecutor must find a criminal defendant guilty beyond a reasonable doubt to sustain a criminal conviction, a traffic infraction is far different. To sustain a conviction for a traffic infraction, a prosecutor need only prove evidence of a driving offense by a “preponderance of the evidence,” or in plain English, “more likely than not.”
In the real world “in my opinion” too many judges are constrained in siding for those challenging traffic infractions, for to side with one challenging a ticket is to rebuke a police officer who will undoubtedly come before that same judge on a regular basis. Are there courageous and principled jurists in infraction trials, undoubtedly yes. However, weighed against the significant financial resources one must pay a criminal attorney or dui lawyer to fight such an infraction and the steep odds against the average person’s word against a police officer’s, one may find it far less costly to pay the ticket at an early stage in the proceedings without being victimized further at a later date.
Alternatively, if one’s driving record is good, it is always wise to inquire whether the local prosecutor and/or court has a traffic deferral program, safe driver program or some other program with a name touting the virtues of safe driving. Often for less than the price of paying a ticket, one with a good driving record can have their case dismissed upon payment of fine and no further traffic violation within a prescribed period of time.
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There is an unemployment compensation law which comes to offer the unemployed with financial assistance as they are on their way to look for a new place of employment. In order to be able to pay for the basic necessities, the unemployed workers will need this financial assistance to go about their lives. The article will be giving some valuable insights with regard to the unemployment financial aid a person can be granted considering that he or she is qualified for it.
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The unemployment compensation law serves as the basis for provisions which can determine if a person is qualified to receive any form of financial assistance. A person applying for unemployment benefits will need to abide by the ruling stating that he or she should have already been working for a significant amount of time. To be eligible for unemployment benefits a worker should have been employed for a long time before losing their source of income.
It is important for people to have held a job position for no less than a year so that they will qualify for benefits for the unemployed as the compensation law states. There should be no excuse for not being able to work, and so to qualify for financial aid, a person should be ready to work should an opportunity for employment arise. Further down the article, there will be some information with regard on how one can be refused a grant.
The state agency handles and processes these applications and a person should directly contact them for such services. As with other laws, the compensation law will definitely call for people applying to provide them with a series of legitimate documents. Since releasing support checks takes some time to accomplish, people need not hesitate to apply for aid as soon as they see fit.
People can consider different application techniques to help them gain a qualification point for financial aid under the compensation law. It is important to take note that the unemployment compensation ruling does not extend to people who will not be able to work anytime soon or maybe never. There is a rule which disqualifies ill workers and those who are completely incapable of finding work from being granted financial aid.
The compensation law is exclusive to those who are regular employees and does not include freelancers or private business owners. What qualifies as a proper reason to leave a place of employment for the regular worker? A person may opt to leave a job with good cause such as harassment, poor facilities, and refusal to partake in illegal operations.
Another good reason for quitting a job is when a spouse has been given the opportunity to be employed in a location out of the state. Joining the military as well as being obligated to be the caretaker of sick family members are both reasons that can qualify a person for unemployment benefits. There are slight variations in the stipulations of the unemployment compensation law and so all workers should be well informed with regard to how the law applies to them.
There are ways by which people can be denied a series of benefits as provided by the compensation law for unemployment. Frequent absences and tardiness incidents are as seriously taken as insubordination in the workplace. It is not wise to have a record of alcohol and substance use in the workplace as this will not make a person eligible for compensation.
The compensation law can come to provide a little over six months of financial aid for the unemployed. When a person applies for a grant it is crucial that he or she is also looking for new employment. Compensation should only be considered as a temporary mode of support and not a permanent arrangement.
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Federal prosecutors in Pittsburgh have charged a Florida man with selling a powdered drink mix he claimed was 100 percent effective in helping drug users pass federally mandated drug tests for truck drivers, pilots and train engineers.
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Sometimes there’s so much beauty in the world I feel like I can’t take it.
– “American Beauty” (1999)
You know, I sometimes feel the same way about legal blog watching. Sometimes there’s so much crazy-stupid-funny news in the legal world, I feel like I can’t take it. In a good way, though.
Take this weekend’s story in The New York Times about the lady who lost her balance while attempting to walk in the Metropolitan Museum of Art. She tumbled into “The Actor,” a rare Rose Period Picasso, tearing the canvas about six inches along its lower right-hand corner.
Now what? The museum issued a statement that they think they can repair the painting in a way that is “unobtrusive” but others in the art world are not convinced. Appraiser Gerard van Weyenbergh told the New York Post that the damage will mean “a 50 percent loss of the value — at least. When an artwork comes up in auction, that’s the first thing people want to know — were there any repaints or restorations.”
The painting is was worth $130 million, so is this poor, clumsy woman now on the hook for $65 million in damages? That is not entirely clear, but at least some reports state that the “You Break It, You Bought It” rule will thankfully not be applied in this case.
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