Legal News

Top 5 Questions About Federal Criminal Investigations

FindLaw Headlines - Thu, 12/13/2018 - 13:15
If you're charged with a crime, chances are it's a violation of a local ordinance or state statute. But every now and then, if a crime is committed on federal land, a criminal enterprise spans multiple states, or you're involved in federal campaign shenanigans, you may be facing federal criminal......

Berkeley Must Face Class Action by Protesters

FindLaw Injury News - Thu, 12/13/2018 - 13:01

The city of Berkeley, its police chief, and several of its police officers, will be required to face a class action lawsuit brought by protesters that were injured at a recent city council meeting. Though some of the charges brought were dropped, U.S. District Court Judge Jeffrey White kept alive claims that the Berkeley police chief failed to enforce the police department's own rules for policing demonstrations. These rules were recently adopted after violent tactics were used against demonstrators for Black Lives Matter back in 2014. Apparently, police used those same outlawed tactics against those protesting the city's SWAT team training and weapons expo, while in the presence of Police Chief Andrew Greenwood.

Three Protesters Allegedly Injured From Police Use of Batons

In July of 2017, protesters and plaintiffs Dylan Cooke, Brooke Anderson, and Lewis Williams came to the stage with other protesters at the conclusion of the City Council meeting at Longfellow Middle School to unroll a banner that said, "Stop Urban Shield, End the Militarization of Our Communities." According to the complaint, before the sign was even unrolled, police stormed the stage and used excessive force. One officer twisted Cooke's wrist and shoulder in an "excruciating pain hold", and another subsequently wrenched Cooke's arm harder, according to the lawsuit. Anderson, who was wearing a press pass, claims she was repeatedly hit with batons on her arm, on which she wore a visible brace, and had her camera pushed into her face with batons. Williams, who is 74 years old, suffered a cut on his head; allegedly he stooped to pick up his glasses from the floor when an officer hit him on the top of his head.

Alleged Force Used Violated Berkeley Police Department's Own Policy

After excessive force was used in a local Black Lives Matter rally in 2014, the Berkeley Police Department adopted a crowd-control and use-of-force policy that includes prohibitions on how batons are used and how crowds are disbursed. Judge White will allow claims to move forward that allege that police violated this policy. Though White did drop some related claims, he will allow plaintiffs to amend their complaint, so as to potentially reinstate the dropped claims, thereby making the city increasingly liable for the actions of the police officers. According to plaintiffs' attorney, Rachel Lederman, if the dropped claims are amended and reinstated, "the big picture can be addressed and additional injuries can be averted and people can exercise their First Amendment rights in Berkeley without fear of being clubbed on the head for no reason."

If you or someone you love has been violently injured during a peaceful protest, contact a civil rights attorney. Our country was founded on notions of free speech, and in order to keep our country great, all voices should be heard. A civil rights attorney may take your case free or at low cost. Call one today. You have nothing to lose.

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Berkeley Must Face Class Action by Protesters

FindLaw Headlines - Thu, 12/13/2018 - 13:01
The city of Berkeley, its police chief, and several of its police officers, will be required to face a class action lawsuit brought by protesters that were injured at a recent city council meeting. Though some of the charges brought were dropped, U.S. District Court Judge Jeffrey White kept alive......

If Border Agent Searched Your Phone, U.S. May Still Have Your Info

FindLaw Headlines - Thu, 12/13/2018 - 11:51
You may have had your phone unsuspectedly searched by federal agents when coming into America. And the data on your phone may have been downloaded to scan for national security information. Odds are high no incriminating data was found on your phone. But as it turns out, odds aren't......

Jimmy Dean Recalls Nearly 30,000 Pounds of Sausage

FindLaw Headlines - Thu, 12/13/2018 - 11:46
Just when you thought it was safe to eat again after the recent romaine lettuce E. Coli outbreak, Jimmy Dean has recalled nearly 30,000 pounds of its sausage meat after at least five customers found ribbons of metal laced through their links. Though no one has been injured to date,......

Jury Recommends Life Sentence for Neo-Nazi Who Drove Into Crowd

FindLaw Headlines - Thu, 12/13/2018 - 00:21
A Charlottesville, Virginia jury recommended life plus 419 years in prison, to be served consecutively, for the self-avowed neo-Nazi who ran his car into a crowd of counter-protesters at a white supremacist rally last year, killing one and injuring 35 others. James Alex Fields, Jr. of Maumee, Ohio, was......

'Making a Murderer' Lawyer Acquitted of Felony Stalking Charges

FindLaw Headlines - Thu, 12/13/2018 - 00:14
Len Kachinsky may be quirky, but that doesn't make him a stalker. Kachinsky, a former superior court judge in Fox Crossing, Wisconsin, was charged with stalking court clerk, Mandy Bartelt. Though Kachinsky may have made a few cringe-worthy comments, a jury acquitted him of felony stalking charges. Kachinsky chalks......

Startups and Arbitration: Top 3 Legal Tips

FindLaw Headlines - Wed, 12/12/2018 - 14:05
The last thing you want dragging your startup down is long-term litigation. There are always legal risks to starting a business, but frivolous lawsuits and out-of-nowhere class action suits can scuttle your company before launch (or lunch, even). One way many businesses -- large and small -- are attempting to......

Feds Argue Kids Don't Need Lawyers in Immigration Court

FindLaw Headlines - Wed, 12/12/2018 - 12:36
A baby in a basket is clearly capable of representing oneself in immigration court.At least, that's the view of Justice Department attorneys arguing against providing any immigrant free legal counsel during immigration, asylum, or deportation proceedings.......

Michael Cohen, Trump's Former Lawyer and Fixer, Is Going to Prison

FindLaw Headlines - Wed, 12/12/2018 - 12:36
Michael Cohen, the man who claims he covered up the president's "dirty deeds," was sentenced to three years in prison this morning for his role in funneling hush money to two Donald Trump mistresses in the run-up to the 2016 election. The former lawyer and "fixer," also received a two-month......

Are Dangerous Errors Lurking in Your Medical Records?

FindLaw Headlines - Tue, 12/11/2018 - 22:39
Sometimes we need to change doctors. Sometimes a medical condition needs to go to an expert. And sometimes, a medical emergency prevents us from giving our complete medical history to the doctors and nurses treating us. In any case, the quality of health care that we receive is only as......

Are Dangerous Errors Lurking in Your Medical Records?

FindLaw Injury News - Tue, 12/11/2018 - 22:39

Sometimes we need to change doctors. Sometimes a medical condition needs to go to an expert. And sometimes, a medical emergency prevents us from giving our complete medical history to the doctors and nurses treating us. In any case, the quality of health care that we receive is only as good as the accuracy of our medical records.

And while it may be impossible to calculate exactly how many errors are  hidden in our medical histories, the Office of the National Coordinator for Health Information Technology estimates that nearly 1 in 10 people who access their medical records online end up requesting that they be corrected. So how do you find out if your medical records are accurate? And how do you correct them if they're not?

Accessing Records

"I tell people, 'Collect all your medical records, no matter what' so you can ask all kinds of questions and be on the alert for errors," Susan Sheridan, director of patient engagement with the Society to Improve Diagnosis in Medicine told CNN. That is great advice, but how do you actually get your records?

The Health Insurance Portability and Accountability Act (HIPAA) establishes data privacy and security guidelines for patients' medical information. This law also guarantees your right to review your medical record and request corrections. Under HIPAA, hospitals, medical clinics, physician practices, pharmacies, and health insurers are required to make your medical records available within 30 days, at a reasonable cost, and in the format that you request, if possible.

If you are having trouble acquiring your medical records, or those of a family member, you can review the recent guidelines issued by the Office for Civil Rights of the U.S. Department of Health and Human Services.

Fixing Errors

Your doctor or hospital should also be able to provide you with a form to correct any errors in your medical records. "Individuals should be provided with a timely means to dispute the accuracy or integrity of their individually identifiable health information," according to the Office of Civil Rights, "and to have erroneous information corrected or to have a dispute documented if their requests are denied."

Even seemingly innocuous errors, like outdated contact information for family or designated representatives, inaccurate dates of treatment, or minor errors in dosages and medications can have catastrophic health effects if not corrected. Make sure you check your medical records and fix any errors. And you may want to talk to a local attorney for help if you're having trouble.

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Lindsey Buckingham Settles Lawsuit With Ex-Bandmates in Fleetwood Mac

FindLaw Headlines - Tue, 12/11/2018 - 18:08
Another battle has ended between Lindsey Buckingham and Stevie Nicks, but could this be the end of the war as well? After nearly fifty years of playing together, and a game of musical chairs among guitarists and singers, it looks like this could be the final final for Buckingham......

Is It Illegal to Own a Huawei Phone?

FindLaw Headlines - Tue, 12/11/2018 - 18:05
Unless you follow all the latest tech news, you may not have heard of Chinese telecommunications giant Huawei. Heck, you might not even know how to pronounce the company's name. (It's wah-way.) But what started out as a foreign company specializing in building telephone and data networks abroad, has branched......

Burglary Includes Breaking Into a Mobile Home or Tent, Supreme Court Rules

FindLaw Headlines - Tue, 12/11/2018 - 17:55
Call it a sign of the times. The United States Supreme Court recently ruled that non-traditional homes can suffice for the "structure" requirement needed for the definition of burglary.......

Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury

FindLaw Headlines - Tue, 12/11/2018 - 17:29
Aisha Siddiqui won a jury verdict of $3 million in her personal injury lawsuit against a mall owner and escalator manufacturer after her right big toe was "crushed and shredded" during a Christmas shopping trip in Arkansas last year. Siddiqui was riding down an escalator at the Park Plaza......

Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury

FindLaw Injury News - Tue, 12/11/2018 - 17:29

Aisha Siddiqui won a jury verdict of $3 million in her personal injury lawsuit against a mall owner and escalator manufacturer after her right big toe was "crushed and shredded" during a Christmas shopping trip in Arkansas last year.

Siddiqui was riding down an escalator at the Park Plaza mall, when her boot got caught and pulled into the moving escalator. Her right big toe was caught in the escalator's teeth, turning it into "hamburger meat," according to her attorney, Denise Hoggard. Medical responders hoped to reattach the toe, and therefore couldn't use pain killing medication during the agonizing and protracted rescue. In the end, the toe couldn't be saved.

Career as a Surgeon Put at Risk

According to Hoggard, this wasn't just a case about a big toe. It was about pain and suffering, as well as quality of life. Losing the toe has impacted the way she walks and stands, leading to daily pain in her hip and knee.

Siddiqui is in medical school, and hopes to become a surgeon, which often requires long hours of standing. Now this career is in jeopardy. Hoggard estimated Siddiqui's earnings loss ranged from $1.5 million, if jurors considered how much she would earn as a college graduate, to $5 million, if she succeeds as a surgeon. Defendants in the case, the mall owner and escalator manufacturer, had already admitted guilt as well as prior knowledge of other clothing items recently getting caught in this same escalator. They were looking to pay Siddiqui $500,000.

$15 Million Awarded in Prior Escalator Settlement

Though $3 million may seem like a high award, back in 2003, Dillard's department store agreed to pay a Florida girl $15 million, after she lost three fingers at the age of five when her hand got caught in an escalator as she tried to free her shoe that had gotten similarly stuck. In that case, the Dillard's manager also knew that the escalator was dangerous, but had lied to state regulators to make it appear that the escalator was being maintained.

If you or someone you love has been injured from an escalator incident, contact a local personal injury attorney. Only through legal discovery will you be able to learn if the escalator operator or manufacturer knew or should have known that the machine was dangerous. A lawyer will be able to help you get the most reimbursement possible for your medical bills, pain, suffering, and lost wages.

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Supreme Court Won't Hear Flushable Wipes False Advertising Lawsuit

FindLaw Headlines - Tue, 12/11/2018 - 17:11
The United States Supreme Court refused a request to hear arguments regarding whether or not a consumer can bring a case for false advertising about flushable wipes. The plaintiff had prevailed at the appellate level, and now defendant Kimberly Clark Corporation's hopes are down the drain.......

National Impaired Driving Prevention Month: What You Need to Know

FindLaw Headlines - Tue, 12/11/2018 - 16:20
December was declared National Drunk and Drugged Driving Prevention Month in 2000. Since then, it has been changed to National Impaired Driving Prevention Month, reflecting a shift in how we view DUIs, DWIs, and the widening influence of legalized narcotics and prescription drugs on our ability to drive responsibly. So......

Do You Need a License to Manage Money?

FindLaw Headlines - Tue, 12/11/2018 - 13:58
With some professions, like medicine and law, it's clear that you need a license to practice. For other things, like sales management, it's pretty clear that you don't. But what about OPM -- Other People's Money? Though you surely don't need a license to manage your own money, you......

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