Legal Articles

For many years, people have been getting access to free criminal records and doing a free criminal check online. The problem arises when you actually do it.

You see, what most people overlooked is that criminal record histories are not compiled on the internet for just anybody to have a peek and download. And although the information is for the general public and is basically accessible to anyone, you may find it easier said than done.

You see, if you are trying to access criminal records for free, you can do it in your local court house. The problem arises when you realize that there are numerous procedures you have to go through and the paper work you need to fill in. You should at least clear your schedule for the day if you are planning to go to your local court house.

If you are using the internet to look for criminal records of a person, you need to use a reliable and powerful search engine, and type in the person’s name and hit search. The problem with this is that, if somehow the name is a common name, you will have to spend a lot of hours to sift through all the names to get the one you want.

Another flaw that I notice when using this method is that, you cannot rely on it 100%. It is not accurate enough. What happens if you did not find anything? Does that mean the person has no criminal record? Absolutely not, all your effort proves is that there are no criminal records can be found using this method.

There’s a lot of talk about Series LLCs. More and more people are wondering if they’re a smart idea. The short answer is that they aren’t - they haven’t been tested, giving them limited applications if they have any at all.

First, some background. LLCs alone are an excellent structure for many different uses. For instance, they work well as a method of holding high dollar assets like real estate. If you own commercial or rental property, it’s important that you hold title to that property in an entity. If this entity (most likely an LLC) is run and managed properly, it can protect you from any personal liability.

Many people own a number of different investment properties. They want to protect both their investments and themselves by placing them into one or more LLCs. The task then is scenario, every investment is held under a different LLC. That’s not a popular answer for people who have lots of investments, but it’s built on sound reasoning. Think of LLCs as giant shoeboxes. As many investment items as you like can be placed inside, but they’re all at risk if something happens to the box. If a lawsuit happens, every investment you’ve placed into that LLC will be in danger.

The solution is to separate your investments. Ideally, you should use a separate LLC for each one. If you can’t, be sure to examine the equity you have at stake in every investment along with its liability potential. Then group them in LLCs accordingly. As an example, it’s not a good idea to include a single family beach front rental in Maui in the same LLC as a duplex on the wrong side of town. You may have several thousand dollars of equity stored in the house on Maui, which is placed at risk by including it in the same LLC as the rough edged duplex. Keep them separate. However, if you own three single family homes in Idaho, each within about twenty thousand dollars of equity, you might feel that placing them together is an acceptable risk. But that segregation strategy can get expensive.

If you have ten properties, using ten different LLCs might seem confusing and costly. Series LLCs seem to provide a solution as statutes in certain states allow you to create separate series within a single LLC, the debts and liabilities of which are only enforceable against that series. These laws allow LLCs to establish separate series of interests, members and managers, giving them separate duties, powers and rights. Those include the rights to profits and losses with respect to specific property and obligations. In states that have this kind of enabling legislation, each series within the LLC works as a separate entity under state law. This is why many people are attracted to series LLCs - they theoretically have the ability to shield property in different series from liabilities incurred in or against one another without paying state fees for multiple entities. This means that an LLC containing two properties can choose to place each into a separate series, so that liabilities from one can’t cause problems with the assets of the other. (Remember the same effect can be created using two different LLCs to hold these two properties.) Many people prefer series LLCs because at first glance they appear to be cheaper to set up. However, this assumption is false. It’s actually more complicated to set up a series LLC, making it more expensive than the basic type. In California you might find a series LLC appealing because the Franchise Tax Board charges an annual fee of eight hundred dollars for each entity. Many people think that setting up a single series LLC means paying only one fee in California. However, the Franchise Tax Board takes the position that each series counts as its own LLC for fee purposes, meaning you’ll have to pay the same whether you set assets up in series or in their own separate LLCs.

The biggest problem with series LLCs is that many states (including California) don’t have series legislation and may choose to ignore the laws of the state where the series was created. That’s because you’re subject to their rules when doing business in their state. The example of the attitude of the California Franchise Tax Board applies to fees, but liability protection is also an issue. Since series LLCs are so new they’ve never been tested by courts, even in the states that permit them. That means there’s no guarantee that limited liability protection will be extended to each series until every state rules on the subject. It’s hard to see how a court would choose to grant this kind of protection inside one entity, and only time will tell if courts will do this. But do you want this type of uncertainty when you are trying to protect your assets?

Again, one should be concerned about how series LLCs will be treated by the states that don’t have laws permitting them. If you set up a series LLC in Nevada then register it as a foreign entity conducting business in the state of Massachusetts, each series in the LLC own a separate piece of property. If there’s a lawsuit in regards to one of these properties you can’t be sure that the Massachusetts court will honor the series structure of the LLC, applying Nevada’s law to the real estate and activities that are located in Massachusetts. If they do, the claimant can collect only against the property in that series. If they don’t, the claimant can collect against the properties in other series as well. States are expected to give full faith and credit to legislation of other states, but the answer is uncertain. Exceptions do happen. It is also important to note that the American Bar Association did a review of series LLCs and declined to endorse them. You can be certain that future court cases will take note of this development.

Since the laws about creating series LLCs are different in every state that permits them, it might take a long time before enough case law is accumulated to give us any level of comfort about using them. If you want to make sure your assets have good, solid protection, it’s a much better idea to avoid corporate structures that don’t provide reliable protection. Avoid series LLCs as a form of protection until a definitive case law is established and rely instead on known, tested entities such as individual LLCs.

Structured settlements are lawsuit settlements - usually from personal injury or accident cases - paid out over a time period of months or years. “Structure” refers to how the payments are made. There is infinite flexibility in making a payment schedule for a structured settlement.

The purpose of a structured settlement is to protect the accident victim from him or herself; most average people, especially after being seriously hurt or injured in an accident, might not be able to preserve a large monetary recovery that might have to last them a lifetime. So, for the benefit of such persons and their family or dependents, and to ensure their long-term financial security, money may be paid out to them over time.

Now come along outside companies that offer a lump sum of cash to persons receiving payments pursuant to a structured settlement. We’ve all seen the television commercials: “It’s your money and you should have it now.” These companies buy the right to the accident victim’s future payments with a single, discounted, lump sum payment.

New York State acted to protect accident victims from these slick marketers, by making a law (statute) known as the “Structured Settlement Protection Act.” This law says that to sell a structured settlement, the person receiving the payments needs the permission of a judge. Most important under the Structured Settlement Protection Act is whether the transaction, including the discount rate and the amount of fees and expenses, is fair and reasonable and whether the transaction is in the best interest of the payee.

There are not a lot of cases under this law because judges make sure the sale is fair to the accident victim, so many of the companies that buy structured settlement can’t rip people off, so why bother? But once in a while they do legitimately go through the court process, which brings me to today’s subject, a case decision just out of the Bronx, written by Justice Alexander W. Hunter, Jr., entitled Matter of Medina.

A company named Structured Asset Funding, LLC asks Justice Hunter to allow it to buy Ms. Medina’s future payments due to her under a structured settlement. This case tells us little about Ms. Medina’s accident or how she came to get the money, but we are told that she has been getting payments on and off since 1993 and most recently received an annual (yearly) payment of $16,900 on June 5, 2008. We are also told that she will get one payment of $55,000 on June 5, 2012 and one payment of $87,500 on June 5, 2017. It is the first of these two future payments ($55,000) that Ms. Medina is trying to sell. Now Dear Readers, please pay attention to the math because we are facing a concept known in economist-speak as “the Time Value of Money.”

Put simply, a dollar today is worth more than a dollar tomorrow. So Structured Asset Funding, LLC tells Justice Hunter that Ms. Medina’s future payment of $55,000 is worth, today, $47,296.71. And Structured Asset Funding LLC wants to buy Ms. Medina’s $55,000 future payment (that today is worth $47,296.71) for $31,500. While the judge believes that the amount that Structured Asset Funding LLC wants to pay to Ms. Medina is fair, he blocks the sale of this payment finding that he cannot “state with any certainty whether or not the transaction is in the best interest of the payee.”

Why? Because Ms. Medina wants to use the money to move and buy furniture, but does not indicate if she can afford to keep paying her rent wherever she’s going.

I’ll let Justice Hunter’s words speak:

“Ms. Medina states in her affidavit that she seeks to transfer to the payor, the lump sum payment of $55,000 that is payable to her on June 5, 2012. In her affidavit in support of the petition, Ms. Medina states that she is twenty (20) years old, she is unmarried and has two (2) dependents one is four (4) years old and the other is three (3) months old. Ms. Medina states that she intends to use the money that she receives from the transfer to find a place of her own as she and her children are currently living at her aunt’s house and she wishes to relieve her aunt of the burden. She also plans to use some of the proceeds to purchase furniture for herself and her children and to pay for the living expenses of her children.

However, Ms. Medina does not indicate whether or not she is employed or otherwise receives a monthly income in order to enable her to pay her monthly rent, utilities and other household expenses. Moreover, she does not indicate how long she intends to live off of the $31,500 she will be receiving from said transfer. She also recently received an annual payment of $16,900 on June 5, 2008 that could have been applied toward relocating to a place of her own.

Accordingly, the application for the transfer of the structured settlement payment is denied without prejudice and with leave to renew upon submission of a more detailed affidavit from Ms. Medina with respect to her monthly household income and the amount of rent she intends to pay on a monthly basis in order for this court to determine whether or not the transfer is in the best interest of the payee taking into account the welfare and support of her dependents.”

Comment: So Justice Hunter is protecting Ms. Medina and her two children by preventing the sale of her future $55,000 lump sum payment, inviting her to come back to court and tell him more to convince him to change his mind.

Employees have rights in the workplace when it comes to employer intrusion into their personal business and their privacy. In Section 652B of the Restatements (second) of Torts it provides information regarding intrusion. It states that “one, who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.”

Intrusion in a work place setting could include such things as; an inquiry into private facts, physical searches of persons or the premises, drug test and surveillance and monitoring of employee conduct. In all of these cases the balancing test is applied to determine whether or not the intrusion would be highly offensive to a reasonable person.

The courts of Massachusetts are interested in protecting employees from questioning about personal matters that are absolutely no business of the employer. However under some circumstances inquiries concerning non-workplace conduct are permissible if it can be shown that there is a legitimate purpose for the information. When it comes to the degree of intrusion into an employee’s rights, the nature of the employee’s job could potentially be significant. If there is an employee who is high level and is considered to be a confidential employee then the information they disclose should be much broader compared to someone who mows lawns or performs janitorial work.

When it comes to the issue of privacy in the workplace there are very fine lines as to what intrusion is and what should be expected. Normally employees expect to have privacy in regards to their office at work and such things as their desks, files, lockers and brief cases. Some ways employers fix the issue of intrusion into an employee’s office and their belongings in their desks, is to discourage employees from keeping personal material in these locations and also to warn employees in advance that those areas could be subject to search if the employer feels it necessary. An employer can enlarge or diminish employees expectation of privacy in their workplace is by publishing the employer’s policy in handbooks that should be given to all employees in the workplace. However although the employer’s should publish workplace privacy policies in their handbooks, if an employer can show a reasonable expectation of privacy exists, the federal courts have held with the decision that a public employer may conduct a work-related search in an employee’s office, desk and their files if they have “reasonable cause” for work-related non-criminal investigatory reasons.

Lastly, when determining whether an employer’s disclosure of private information of an employee is actionable, the balancing test will be between the employer’s legitimate business interest in telling the information to the recipient and the employee’s privacy expectation. The balancing test will be used to determine whether the interference of privacy was unreasonable, substantial or serious. If the information is something that its public disclosure would offend a reasonable person then the employer’s disclosure is not necessary. If an employer’s disclosure of private information may invade the employee’s privacy rights if the disclosure exceeds reasonable necessity. An example of this is it an employer has an interest in assuring that an employee is psychologically fit to perform their job doesn’t give permission to the employer to publicize its critiques of the employee in a newspaper.

Employees have many privacy rights in the work-place; however it can only be determined whether or not the employer is intruding upon the employee’s privacy rights with the balancing test or if the intrusion is offensive to a reasonable person.

From April 2008 on Contractors in England shall have another legal requirement to comply with among the host of national and European regulations. The requirement is the provision of Site Waste Management Plans (SWMPs) which will be a legal requirement for all construction projects in England over £300,000, after the 6th of April.

On the face of it one would think that this would be just another pen pushing/PC keyboard keying burden, but the research says otherwise. In fact there is evidence to suggest that the SWMPs should actually save the construction industry significant sums of money in a manner which is also sustainable as it results in reduced energy utilisation and a lower raw material consumption rate.

Site Waste Management Plans should also help the construction industry to get maximum value out of its waste and make better use of resources and in this way they will be moving towards more sustainable waste management. It will also expose the cowboys in the industry, and reduce fly tipping as a result.

These plans are cited as being extremely beneficial in formalising a comprehensive recycling and waste management strategy for each project. If they succeed in this they will become important tools for the construction industry. Those that propound their use say they will be a good way to help businesses be careful about how they use, store and dispose of materials which at present usually only get consideration AFTER all other factors have been decided.

By taking early action on waste before the planned enforcement of Site Waste Management Plans (SWMPs) contractors are said to be benefiting from significant cost savings, much to the surprise of all concerned. These Plans should provide a structure for waste delivery and disposal during construction projects, reduce waste going to landfill and increase recycling rates on-site.

The industry has been following a voluntary code of practice launched by DTI in 2004, but implementation has been patchy. Defra resolved that enforcement would be necessary and has developed proposals for the introduction of compulsory site waste management plans in England.

Contractors seeking more information about the plans should read the latest news on construction waste on the Department for Environment, Food and Rural Affairs (Defra) website. There is also guidance for anyone working in building, demolition, civil engineering or building trades on the UK Government’s NetRegs website. It has also been possible to download the non-statutory guidance for site waste management plans from the Defra website (PDF) for some time, and before the deadline for the new regulations this April there is likely to be updated information provided for downloading..

Construction Waste

Construction and demolition waste accounts for around 33% of controlled waste in the UK (over 100 million tonnes/ year), making it the single largest waste stream.

Construction is the single largest user of material resources in the economy and generates 100 million tonnes of waste every year WRAP. Construction firms are being urged to take early action on waste before the planned enforcement of Site Waste Management Plans (SWMPs) next year so that they are not overburdened when enforcement commences.

If they work as intended by the government, SWMPs should do a lot to change the construction industry’s attitude to waste by raising the profile of waste management planning. Defra held regional workshops for the construction industry during the consultation period at which a two way dialogue helped to do just that.

But, don’t forget that it is not all about cost saving and sustainability for the government. Our English MPs are also concerned about the small, but increasing amount of construction waste that is illegally dumped or fly-tipped and which causes enormously bad publicity wherever locally it takes place.

The SWMP regulations will encourage contractors to recycle suitable spoil, demolition materials, prunings, and surplus construction material arising from the works on site to avoid the need to transport materials. CIRIA are currently developing Best Practice examples of waste minimisation in the UK Construction sector. Also, a SWMP, guidance document and a Code of Practice were launched back in July 2004 to help the construction industry face the major challenge of changes in waste management legislation, including SWMPs.

The purpose of SWMPs will basically also encompass a new site task to provide accurate projections for waste delivery and disposal at every stage of a construction project. Many will see this as very burdensome.

SWMPs will apply to all construction work including preparatory work such as demolition and excavation, civil engineering and engineering projects, and projects involving maintenance, alteration and decoration of existing structures. Also to be included in the plans is the installation, maintenance or removal of related services such as electrical, gas, water, sewage and telecommunications.

Conclusion

The workload required to produce and maintain and circulate the Site Waste Management Plan is significant, but these actions are seen to be of great value as an important tool for cost savings for construction companies and their clients, of all sizes. The new enforceable provision of SWMPs should provide another step in the quest to improve the environmental performance of all English construction contractors, and help them to meet regulatory controls, and reduce the ever-rising costs of disposing of waste.

The implementation of this statutory duty to prepare construction site waste management plans will be starting very soon. We recommend that all construction professionals should familiarise themselves now with the Code of Practice.

The SWMP should not be seen as a negative development as it aims to assist contractors in their own management of their waste development and disposal planning. Contracting industry staff will surely soon be able to roll out of Site Waste Management Plans rapidly and efficiently for the benefit of all involved after a short initial period of learning, and in most cases the SWMP should then save money for the site developer and users.

The brain is one of the most important organs in the human body. When it is damaged, we suffer immeasurably, and other parts of our bodies refuse to function. Though not entirely critical to life, seeing as our bodies can survive extended amounts of time on life support without a brain, the brain makes us who we are. All of our experience, our knowledge, our personalities, stored inside that twisting mass of muscle. If anything happens to that muscle, the results are quite horrifying, we see things that aren’t there, we may end up talking to figments of our imagination, and even worse, the threat of possibly ending up in a padded room.

If the damage to your brain is too bad, you may not recognize your friends and family, and that can be the worst part of all. Not only that, the brain also controls your sight, so by procuring any form of brain damage, you basically risk losing all the things that make you, well, you.

Now that you know the importance of keeping the brain protected, you must do everything you can to ensure that it really does stay protected. But as you know, accidents do happen. It could be a car accident, or maybe even a boating accident. If it does happen, then you need to think about what you’re going to do next. You can sit at home and let it fester, because chances are you won’t be able to work, considering brain damage usually destroys many of your cognitive abilities. Or you can fight back and get what’s yours. Someone did this to you, and you need to get back at them for it.

There are many things you can do, the obvious is to hire a lawyer. I know what you’re thinking..”lawyers are expensive!” This is true, they are a tad expensive, court costs, and hourly rates, etc. Fortunately, most lawyers will just take your pay out of your settlement, meaning there are no upfront costs. The one thing you need to worry about, is making sure that the court battle doesn’t drag on too terrible long, otherwise the court costs will eat through your entire settlement, I actually witnessed that once, it wasn’t pretty.

So to prevent this, make sure you select a good brain injury lawyer. Make sure your attorney is reputable, and he won’t drag the case out just to make a few extra dollars. So don’t just go with the first lawyer you meet. Talk to a second, and even third, compare them, ask questions, and talk to former clients of theirs to make sure the lawyer gets good results. Remember, this is your future, choose the best, and make the best.

Toxic tort law cases are personal injury cases in which the injury is caused by exposure to a toxic substance or chemical. Sources of toxic substances include pharmaceuticals, consumer products, and substances found in the home, the air, the water, the soil and elsewhere in our environment.

Once you know that, you can see how we are all so vulnerable to toxic exposure. It has come to the point where almost all of us are or know someone else who has been exposed to things like asbestos, dangerous drugs, contamination of our water supply, or toxic dumping.

Whether you live in Carlsbad or Oceanside in San Diego, in Newport Beach, Huntington Beach, El Toro, or Dana Point in Orange County, near Fullerton, Fontana, Ontario or Rancho Cucamonga in the Inland Empire, or anywhere from Palm Springs to Palm Desert, Coachella, or Thermal in the Coachella Valley, or Brawley or El Centro in the Imperial Valley you may have been exposed to toxic chemicals.

In the news nearly every day are stories of mass torts involving dangerous chemicals in baby formula, or pet food, ice cream bars, milk, candy, baby cereal or cheese. Recently, there have been dangerous products coming out of China and Mexico, but fertilizer use in agriculture in the U.S. and the raising of other farm animals on a massive scale is an equally dangerous condition for the environment. It may sound funny, but gas emissions from cows are a real barrier to solving global warming and emerging countries like China with a growing desire for meat are adding to that problem.

Some toxic torts are difficult to pin the blame on any one defendant. Mercury in fish is an example. It is abundant. It is toxic. And it has far too many causes over far too many years to now blame one company or one country even over another. However, with new rules such as the new Country of Origin labeling law in states like California, in the future it may be possible to trace foodborne illnesses to certain farms and distributors.

In agricultural areas of California including Orange County, Central California, the Central Coast, San Diego County and the Coachella Valley, toxic tort exposure is a real concern. Sadly, many of the workers most likely to be exposed to such chemicals have the least exposure to quality medical attention or lawyers.

As years go by, we will find that many of the common items we encounter on a daily basis and take for granted are exposing us to serious danger. Add to that, one-time exposures by tainted food or milk, longer term exposures when the air, water or soil are contaminated and it is no wonder we fight so much disease and sickness in our lives.

Toxic tort lawyers can redress these problems when people come to us with their suspicions, stories of their symptoms and treatment, and we find either the causes or patterns of symptomology.

If you believe you have been injured and received medical treatment for toxic exposure to a toxic substance or chemical, call our offices today.

Sexual harassment is a form of unwanted attention that is sexual in nature. The behaviors that compose harassment range from unwelcome comments, inappropriate sexual advances, and unacceptable physical contact. Sexual harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964. When submission or rejection of the undesired attention affects an individual’s employment or creates an uncomfortable work environment, legal options are available to deal with the situation.

In a sexual harassment case, the harasser may be a man or woman. The victim does not have to be of the opposite sex. The harasser’s actions must be unwelcome and unwanted. The victim does not necessarily have to be the party who was harassed but can be anyone who was offended by the sexual comments or actions. It is recommended that the victim speak directly to the perpetrator about the effects of their actions. The insulted party should also use any employee grievance or complaint system in place at their job. If talking directly with the harasser does not work, the Equal Employment Opportunity Commission (EEOC) has an investigation system. The EEOC explores all the facts of the situation, including the nature of the sexual advances and the context in which they occurred. Allegations and charges are made on a case by case basis, so statistics regarding the chance of a conviction from the EEOC are unavailable.

Data about the overall prevalence of sexual harassment does exist. The EEOC reports that about 15,000 cases exist a year, with 40-60% of those complaints coming from women. Although the majority of incidents originate from situations with female victims, the prevalence of male victims is rapidly increasing. In 2004, about 15% of reports came from male victims. Within this subgroup, a common scenario is harassment from a female boss or manager. Sexual harassment does not discriminate and unfortunately affects both sexes and all ages.

Common effects of unwanted attention and advances include decreased work or school performance, defamation of character and reputation, increased absenteeism, and weakening of social support in the environment where the problem occurred. Individual psychological effects include depression, anxiety, shame, loss of confidence, guilt, and anger. On a macro level, organizations suffer from the effects of harassment as well through decreased productivity, increased team conflict, decreased job satisfaction, and legal problems if the predicament is ignored. Sexual harassment is a serious problem in modern society. If you are interested in learning more, this sexual harassment website can help.

Accidents involving tractor-trailers are more dangerous than typical passenger vehicle accidents because of the size and weight of tractor-trailers. Most tractor-trailer accidents result in the death of the driver of the passenger vehicle involved.

What is the difference between a tractor-trailer accident and a passenger vehicle accident?

Tractor-trailer accidents are not treated in the same way as passenger vehicle accidents because the trucker and the trucking company are subject to different licensing and insurance laws. There are also different state laws that apply to commercial tractor-trailers.

Why do I need an attorney if I have been involving in an accident with a tractor-trailer?

The trucking company and their insurance company both seek to avoid a legal claim being brought against them, and to minimize any payment they may have to make on a claim. After you have been involved in an accident the trucking company’s insurance adjustor will most likely contact you in an effort to obtain a statement. It is not in your best interest to speak to the insurance company, and you are in no way obligated to by law. An experienced tractor-trailer accident attorney can analyze your circumstances and advise you on what steps to take in order to receive the compensation you are entitled to.

What if I was partly at fault?

The laws governing tractor-trailer accidents differ from state to state, but in some cases, even if you are at fault you may be able to recover damages. It is always best to seek the advice of an attorney regardless of your situation. Even if you don’t think you are entitled to compensation, only an experienced tractor-trailer attorney can fully advise you of your rights.

What causes tractor-trailer accidents?

Many things have been known to cause tractor-trailer accidents including:

• Driver fatigue
• Speeding
• Large blind spots
• Inclement weather
• Overloaded trailers