Florida Trucking Accidents

November 1, 2013 by James Windsor   comments (0)



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 In the early morning of August 16, a multi-vehicle accident in Florida involving a tractor-trailer, a school bus and an SUV killed one person, hospitalized another and shut down a state highway for hours. The tractor-trailer was travelling northbound and somehow crossed into the southbound lane, slamming into an SUV head-on. The truck’s impact caused the SUV to careen into a school bus. The truck went off-road and crashed into a business, coming to a full stop inside a commercial building. The SUV driver was killed, and the truck driver was taken to the hospital. Thankfully, there were no students on the school bus, and neither the bus driver nor nearby pedestrians were seriously injured.Causes of trucking accidentsMost trucking accidents are not like car accidents. As a result of massive truck sizes, accidents with these vehicles often cause catastrophic damages to other drivers, great site other vehicles on the road and nearby people and property.Some causes of truck accidents include:Exhausted driversPoorly trained or poorly supervised driversHazardous spills

How To Survive Accident Injuries Lawyers?

Defective vehicles or partsInebriated or impaired driversIn addition, drivers of smaller vehicles who underestimate trucks’ blind spots or their difficulties braking or maneuvering quickly can contribute to truck accidents.Federal and state regulations: trucking accident liabilityStringent state and federal regulations and insurance requirements are designed to minimize accidents. The federal government and Florida scrutinize truck companies’ compliance with safety requirements and insurance protocols. Despite often being a vehicle’s registered owner, a trucker is considered a statutory employee of the trucking company, and the company is responsible for the driver’s on-the-job conduct. In addition, Florida law requires trucking companies carrying volatile or unsafe materials to carry sizeable liability insurance.
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Cop Can't Be Sued For 'dooring' Motorcycle During Traffic Stop

October 24, 2013 by James Windsor   comments (0)



Deputy Sheriff Rowell Quemuel noticed a car heading the wrong direction on a one-way street. He flicked on his lights, pursued, and pulled the driver over. http://socallawsupport.com/los-angeles-county/pacific-palisades/placecategory/accident-injuries-law/ As he opened his door to exit the car ... BOOM. Mark Moreno saw... Click through to continue reading this post at FindLaw.com...
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Ex-pentagon Lawyer As Head Of Homeland Security Could Signal The Wrong Direction

October 22, 2013 by James Windsor   comments (0)

The president's pick is Jeh Johnson, a former top lawyer for the Pentagon. If confirmed by the Senate, Johnson would be the fourth DHS Secretary. The first was Tom Ridge, a congressman then governor from Pennsylvania who oversaw the creation of the color-coded threat-warning system . George W. Bush's second appointment was Michael Chertoff, a federal prosecutor, Third Circuit judge, and co-author of the USA PATRIOT Act, whose vast expansions to law enforcement's surveillance and investigative powers is the foundation for the National Security Agency's data collection practices leaked by Edward Snowden . As DHS Secretary, Chertoff oversaw the colossal disgrace of FEMA's response to Hurricane Katrina. And after leaving his post, he reportedly created a shadow homeland security agency mainly through a consulting firm that profits from government contracts for heightened security measures such as the TSA full-body scanning machine. After President Obama came into office in 2009, he nominated a former Arizona governor, Janet Napolitano. Under Napolitano, the immigration enforcement arm of DHS has been particularly active, effectuating what has been described as a torrid pace of deportations of noncitizens, logging in approximately 400,000 deportations a year , putting the agency on track to deport 2 million immigrants by 2014, which is as many as the government deported between 1892 and 1997 combined .
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Gypsy Couple Adopted Blond Girl in 'Non-Legal Way,' Lawyer Says

Manfred said he explained during his testimony that MLB's focus was on whether players violated the sport's drug agreement or labor contract. He also said MLB had been a leader in preventing steroid abuse by youth. "While Mr. Manfred has violated the confidentiality requirements of the collective bargaining agreement by making reference to his testimony, we choose to live up to our obligations," Joseph Tacopina, one of Rodriguez's lawyers, said in a statement Sunday. "However, Mr. Manfred knows that he has not accurately described his testimony. We therefore call on him to put forward his full testimony at the hearing about his and commissioner Selig's knowledge of, and relative regard for, Mr. Bosch's dealing performance enhancing drugs to minors at the time MLB struck its cooperation and indemnity deal with Mr. Bosch." Speaking Sunday, Manfred blamed Rodriguez's side for the release of information from the hearing.
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Mike Duffy’s lawyer comes out swinging against PMO in battle over Senate expenses (with video)

It's not known if the three other kids were http://socallawsupport.com/the-southern-california-lawyer-directory.html the natural children of the couple. PHOTOS: Mystery Blond Girl Found in Gypsy Camp Marietta Palavrasa, the couple's defense lawyer, said the girl's mother was a Bulgarian Gypsy who lived in the Thessalia region of Greece for many years. "My clients never talked about Maria's biological father. They think he was in prison," Palavrasa said. "The Bulgarian woman gave my clients the child. My clients adopted her in non-legal way, but they cared for her as if she were their child." The case has swamped the police with phone calls. "We received thousands of calls from all over the world and we are investigating this case trying to find the biological mother (of Maria)," the source said. Maria was initially described as being about 4, but officials now believe she could be as old as 6. Police found the girl living in a Gypsy encampment near the city of Farsala during a nationwide crackdown on Gypsies, also known as Roma, believed to be engaged in illegal activity. A prosecutor, who accompanied police, noticed the girl, whose blonde hair and blue eyes set her apart from the rest of the darker skinned members of that community. The couple Christos Salis, 39, and his partner who was carrying two identification cards and is either Eleftheria Dimopoulou, 40, or Selini Sali, 41, have been charged with kidnapping a minor and falsifying documents. Salis was also charged with possession of drugs and firearms.
For the original version including any supplementary images or video, visit http://abcnews.go.com/International/gypsy-couple-adopted-blond-girl-legal-lawyer/story?id=20638422

Lovett: Judy Rapfogel hires lawyer as investigators probe husband's alleged $5M kickback scheme

from poverty to success as a lawyer, he says, providing him a solid education. And years later, when the legal tables turned and he needed defense, priests and school officials were there as character witnesses. Now McManus, 92, plans to leave an $8.5 million bequest to benefit the schools he attended as well as other charities. Officials with the Baltimore Community Foundation expect to distribute the funds for years to come, as the fund would generate an estimated half-million dollars a year in interest. It would be the culmination of a complicated legacy. Dubbed by a Legal Aid Bureau colleague "the Godfather of pro bono" because of his indigent defense work, McManus rose to prominence in Baltimore as a lawyer and philanthropist in the 1970s and 1980s, frequently giving to Catholic causes. Then in 1986, he was sentenced to two years in prison for using his George W. McManus Foundation to mask a tax evasion scam. McManus has said the allegations stemmed from an honest mistake, and after prison he regained his law license and returned to philanthropy, building up the McManus foundation's funds.
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PMO involved in plan to cover up Duffy expenses, lawyer says

It has been edited for length and to remove images of nudity. By Juan Perez Jr. Tribune reporter 8:46 a.m. CDT, October 22, 2013 An attorney for a woman who claims she was illegally strip-searched by LaSalle County sheriff's deputies has asked that a special prosecutor be named to investigate the department, according to court documents. Terry Ekl, himself a former prosecutor, filed the request for independent oversight in LaSalle County on Friday. The county's current state's attorney, Ekl said in his motion, has "an inherent conflict of interest in the investigation and special prosecution of officers." Ekl wants the special prosecutor to investigate whether criminal charges against the deputies are warranted. Related
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Prominent lawyer who overcame poverty now has millions to give

T. Boone Pickens plans $20M gift to Hopkins Conservative motions are expected to be introduced Tuesday. Last week, Wallin's lawyer also lashed out at the Conservatives and said legal options would be considered if the suspension occurred. Bayne said Duffy never submitted any improper expense claims based on a reading of the rules, and that was borne out by an independent audit and in a series of communications that Duffy had with senior Tories. At issue was Duffy's designation of a house in Prince Edward Island as his primary residence, and the living expenses he claimed for his home in Ottawa. The lawyer quoted from a letter sent by former Conservative Senate Leader Marjory LeBreton in January 2009, in which she allegedly tells Duffy that "Senate residency is not defined" anywhere in the rules. LeBreton could not immediately confirm whether she wrote such a letter. Duffy also allegedly received an email from Wright in December 2012, when stories suggesting Duffy spent little time at his P.E.I residence emerged. "I am told that you have complied with all the applicable rules and there will be several senators with similar arrangements," Wright allegedly wrote. "This sure seems to be a smear." By the following April, auditors at Deloitte had also concluded a review of Duffy's living expenses, and said the rules weren't clear on residency. Yet another Conservative, Senator John Wallace of the ethics committee, also allegedly wrote a memo saying the rules on residency were not clear, and quotes from a Senate handbook on the matter. Wallace's office said Monday he had no comment. Bayne says Duffy was then told by the Prime Minister's Office that despite his expenses being above board, he would have to repay four year's worth of them to appease Tory voters.
For the original version including any supplementary images or video, visit http://www.thestar.com/news/canada/2013/10/21/senator_mike_duffys_lawyer_to_address_media.html

Lawyer in strip-search case calls for probe of LaSalle County officers

Strip-search case allegations Mike Duffy signalled Monday that he will no longer be silent about allegations of misspending, as his lawyer accused the Prime Ministeras Office of approving the embattled senatoras housing allowance and choreographing how he should respond to reports critical of his expenses. Conservatives around Parliament Hill have long worried about what Duffy might say on the spending scandal should he ever decide to talk, and they caught a glimpse of his approach when his lawyer, Donald Bayne, told reporters the PMO okayed Duffyas housing expense arrangements as late as December 2012. Duffy, who represents Prince Edward Island, had been claiming expenses for a secondary residence in the capital, before the Senate itself determined that his Ottawa home was his main residence. Independent auditors had said the spending rules were not clear. Bayneas allegations, made during a lengthy and explosive press conference, suggested the PMO was involved in the audit of Duffyas housing expenses, telling him what to say to the media, what to give to the independent auditors who were reviewing his claims, and even, allegedly, trying to have the third-party Deloitte auditors anot even be involved.a Bayneas remarks are sure to colour the debate, set to begin Tuesday in the Senate, on whether to suspend Duffy, Sen. Pamela Wallin and Sen. Patrick Brazeau without pay, in effect leaving them only their titles with no resources, duties or Senate privileges. Bayne said Duffy was considering legal action should the Senate go through with the move. Wallin is also mulling legal action. Her lawyer, Terrence OaSullivan, told Postmedia News Monday he didnat have time to comment. There are already rumblings of discontent over the motions to suspend the three, with divisions among both Conservative and Liberal senators. The divisions could be more pronounced on the Tory side as Senate sources say that the government is looking at forcing its senators to vote for the motions, known as whipping the vote.
For the original version including any supplementary images or video, visit http://www.canada.com/technology/internet/Mike+Duffy+lawyer+comes+swinging+against+battle+over+Senate+expenses+with+video/9062193/story.html

A-Rod lawyer seeks Bosch info

Those close to her say Rapfogel had been completely unaware of her husbands activities, and those familiar with the case say there is no evidence at this point that she was plugged in. Judy Rapfogel, through a representative, declined comment. So did a spokesman for Attorney General Eric Schneiderman. But one source called her interview a routine development and said its not surprising she hired a lawyer beforehand. William Rapfogel, who headed the Met Council for two decades, was charged last month with pocketing $1 million of the $5 million pilfered during the scheme. Investigators say he stashed as much as $400,000 in the couples homes hiding some cash in a bedroom closet in their lower East Side co-op. RELATED: SPEAKER SILVER HASNT SPOKEN TO DISGRACED FRIEND RAPFOGEL Jefferson Siegel William Rapfogel has been charged with taking $1 million of the $5 million taken in an alleged kickback scheme. He is also charged with steering campaign contributions to city and state officials who had helped fund Met Council, including Silver, his longtime friend. Gov. Cuomo and other insiders are bracing for a potential bitter legal battle after the governors anti-corruption commission last week sent a slew of subpoenas seeking information on state lawmakers outside employment. Cuomo last week told the Daily News editorial board that he expects the Legislature to fight with the outcome determining the credibility of the panel. If a subpoena is challenged or the authority of the commission is challenged and the commission loses, you go to a very bad place right away, he said.
For the original version including any supplementary images or video, visit http://www.nydailynews.com/news/politics/lovett-judy-rapfogel-hires-lawyer-investigators-probe-alleged-kickbacks-article-1.1491380

Increasing Protections For An Aging Population

October 21, 2013 by James Windsor   comments (0)

Increasing Protections for an Aging Population more+ Embed To embed, copy and paste the code into your website or blog: Just a few of months ago, Ohio lawmakers designated June 15th as Elder Abuse Awareness Day. New legislation, called the Ohio Elder Justice Act, is pending before the Ohio legislature and will strengthen existing protections for Ohio elders. As Ohio’s population ages, elder abuse is a growing phenomenon. Because elders are often isolated, without help and sometimes mentally or physically incapacitated, elder abuse frequently goes undetected. If you are an adult child of an elderly parent, a nursing home employee, or a caregiver to senior citizens, you ought to familiarize yourself with the basics about elder abuse in Ohio -- and the laws legislated to prevent it. What is elder abuse? The law defines elder abuse \as the infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish upon an adult aged 60 or over. Elder abuse falls broadly into three categories: financial exploitation neglect What is financial exploitation of elders? The statute defines financial exploitation as the unlawful or improper act of a caretaker using an elder adult's resources for monetary or personal benefit, profit, or gain. In plain English, this addresses the activities of a caretaker, whether a family member or a hired agent, who uses his or her position to steal from an elder. Sometimes this behavior involves attorneys or financial advisors who siphon funds from an elder’s trust, or adult children who decide to use an elder’s life savings to finance a new car, or hired companions who use the elder’s credit card to purchase items for themselves. Even an act as seemingly benign as adding yourself to your forgetful mother’s bank account without her knowledge or permission Accident Injuries Lawyer is considered financial elder abuse. Physical and mental abuse Physical abuse includes any act of physical violence including unwarranted physical restraints, sexual abuse and improper use of medications. Mental abuse includes threats, intimidation, humiliation, isolating the elder from friends and family members. Neglecting an elder Neglect is a more passive form of abuse where a caretaker(s) fails to provide an elder adequate medical attention or correct and timely medications, or fails to provide food, water, and adequate shelter. The failure to provide whatever is necessary to avoid physical harm, mental anguish, or mental illness amounts to neglect. Neglect can happen in any setting, whether the caretaker’s home, the elder’s home or a licensed nursing home. Elder abuse is a growing problem as the population ages. Often it is not malicious but unintentional, caused by a caregiver who cannot cope with the elder’s needs or who is overwhelmed by his or her own personal problems.
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North Carolina Attorney General Dislikes Laws He Must Defend

October 20, 2013 by James Windsor   comments (0)

Kansas ex-attorney general license suspended over abortion case conduct

(Photo: Business Wire) SHARE 16 CONNECT 7 TWEET 2 COMMENTEMAILMORE LOS ANGELES (AP) A judge said he did not see any urgent need for a conservatorship for Casey Kasem after a court-appointed attorney told him Tuesday that the ailing radio host is receiving adequate daily care. Attorney Samuel Ingham told Los Angeles Superior Court Judge Roy Paul on Tuesday that he has visited Kasem and that he did not see the immediate need for a conservatorship but that he still lacked information about the former radio host's doctors and treatments. Kasem is suffering from advanced Parkinson's disease, according to court filings by his adult daughter, Julie Kasem. Julie Kasem filed a petition for a temporary conservatorship last week, accusing his father's wife of blocking her and her siblings from seeing their father and preventing them from making decisions about his medical care. Kasem has been checked out by police detectives and social services workers, said Marshall Grossman, an attorney for Kasem's wife of 33 years, Jean. Grossman urged Paul to reject Julie Kasem's petition outright and saying the efforts by her and her siblings were hurting his client and the radio host. He said a 2007 document that appointed Julie Kasem as an overseer of her father's medical care had been superseded by 2011 estate planning documents, which Grossman filed in court on Tuesday. Paul refused to dismiss the case, noting that Ingham had requested additional information about the radio host's medical care. The judge also noted that based on court filings and attorneys' representations, it did not appear that any court intervention was necessary to ensure Kasem was receiving proper care. Paul appointed an independent doctor to review Kasem's medical records and to meet with him and report back to the court before a Nov. 19 court hearing. Attorneys for Julie Kasem supported a delay in the case for the medical evaluation and further investigation of the radio host's estate planning documents. Casey Kasem, 81, gained fame with his radio music countdown shows, "American Top 40" and "Casey's Top 40," and was also the voice of Shaggy in the cartoon "Scooby Doo." ___ McCartney can be reached at http://twitter.com/mccartneyAP SHARE 16 CONNECT 7 TWEET 2 COMMENTEMAILMORE Copyright 2013 The Associated Press.
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Pat McCrory. And to complete the drama, everyone expects Cooper to be at the top of the list of McCrorys 2016 Democratic challengers. In the column, Cooper criticized changes in the tax code, cuts in education funding and McCrorys refusal to accept federal Medicaid dollars that would expand coverage in the state. He joined other voices protesting the conservative wave of state legislation passed this year, viewing the laws as a backward step. The issue of same-sex marriage caused the latest disagreement between Coopers personal and official stands, despite a law banning it and an amendment to the North Carolina constitution, approved by a wide margin by voters last year, that affirms marriage between a man and a woman as the only domestic legal union that shall be valid or recognized in this state. Even in a state where same-sex marriage is doubly forbidden, the Supreme Courts ruling striking down parts of the federal Defense of Marriage Act has emboldened advocates. Its also part of the Campaign for Southern Equalitys county-by-county challenge. Last week, the Mecklenburg County Register of Deeds denied three same-sex couples marriage licenses. This week in Asheville, N.C., Buncombe Countys Register of Deeds Drew Reisinger accepted marriage applications from same-sex couples, and said he would ask Coopers legal opinion on the constitutionality of the state ban.
For the original version including any supplementary images or video, visit http://www.washingtonpost.com/blogs/she-the-people/wp/2013/10/17/north-carolina-attorney-general-dislikes-laws-he-must-defend/

Attorney, judge seek Superior Court post

Jack McVay, left and Vic Stabile Stabile said. "They're there to serve the people. They're not there to serve an individual's personal philosophy, politics, biases or anything else like that." Mr. McVay, 57, said he would use his knowledge as a trial court judge, if elected. "The Superior Court reviews the discretion and decisions made by the trial court judge, which is what I am. ... I would bring that experience to the Superior Court." As one of two state-level appellate courts, the Superior Court is often the final arbiter of many cases. A three-judge panel usually hears cases in Philadelphia, Pittsburgh or Harrisburg.
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School attorney: Others in surveillance footage in gym mat death case

CNN made the request after the school declined to release certain surveillance photos or video, citing state law that exempts the release of "education records of a minor child." It's the latest revelation in a case that has seen Kendrick's parents challenge the account of authorities and demanded an inquest into the teen's death. Attorneys for Kendrick's family have called for the release of the surveillance video . Kendrick Johnson's parents want answers Johnson, 17, was found dead at the gym in Valdosta on January 11, his body resting headfirst in the rolled wrestling mat, according to authorities. A few still pictures, taken from surveillance cameras at the gym, are perhaps the last known images of Kendrick alive. They show him walking across the bare floor. Those images were released by the Lowndes County Sheriff's Office. The next pictures of the teenager are far more horrifying: His body, clad in jeans and layered orange and white T-shirts, is wedged in the wrestling mat.
For the original version including any supplementary images or video, visit http://www.cnn.com/2013/10/18/justice/georgia-gym-mat-death/index.html

North Carolina Attorney General Roy Cooper. (Chuck Burton/AP) Ultimately, Nodaway County prosecutor Robert Rice did ask a judge to name a special prosecutor to take a fresh look at the case. Only then did Koster release a written statement saying he "stands ready to assist" in a "prosecutorial review." In some states, such as Alaska, Delaware and Rhode Island, the attorneys general have original jurisdiction in all criminal cases, according to the National Association of Attorneys General. But in Missouri and many other states, the discretion to file and dismiss most criminal charges rests with local prosecutors. In Missouri, there are 115 local prosecutors and no one to veto their decisions. "There is an ongoing debate historically about whether the attorney general should have some sort of authority to step in or overrule a prosecutor," said Chuck Hatfield, a former chief of staff for Koster's predecessor, Jay Nixon, who now is governor. "But I'm not aware of any law that allows that and that certainly has not been the practice." A Missouri law dating to at least 1939 allows the governor to direct the attorney general to aid a local prosecutor. But Nixon spokesman Scott Holste, who also served in the attorney general's office, said that law "is predicated on that request" for aid coming from a local prosecutor. Rice did not make such a request in the sexual assault investigation. Jason Lamb, the executive director of the Missouri Office of Prosecution Services, said he's not aware of any figures about how often prosecutors recuse themselves or seek help from the attorney general. But it's not uncommon when cases are controversial or pose potential conflicts of interest for local prosecutors, he said. The notion that decisions by locally elected prosecutors cannot be overridden "has been a longstanding principle of criminal justice in America," Lamb said. "What you don't ever want with any system of justice is the idea of trying to shop for justice," Lamb added. Koster is a former Cass County prosecutor and state senator who plans to run for governor in 2016.
For the original version including any supplementary images or video, visit http://www.columbiamissourian.com/a/167020/analysis-missouri-attorney-general-koster-has-limited-prosecutorial-powers/

Latinos urge California attorney general to probe Herbalife

In reality more than two-thirds of the distributors made no money at all last year, said Brent Wilkes, national executive director of the League of United Latin American Citizens. "If Herbalife's executives refuse to implement the necessary reforms, at the very least they should stop targeting the family-oriented and trusting Latino community with their deceptive business practices," he said. Outside the convention center where Herbalife hosted its event the atmosphere became testy when some distributors spat at some of the community activists and when Herbalife CEO Michael Johnson arrived, several eye witnesses said. "Johnson approached us and was very confrontational," said Randy Fox, a regional director for LULAC, adding "he told us 'You don't know the facts. We don't want to hear your lies. This is all lies. You should be ashamed of this." Herbalife spokesman James Golden declined to comment on the matter.
For the original version including any supplementary images or video, visit http://www.reuters.com/article/2013/10/19/us-herbalife-demonstration-idUSBRE99H14Z20131019

Analysis: Missouri attorney general Koster has limited prosecutorial powers

In a 154-page report, the seven-member court unanimously found that Kline failed to recognize the line between "overzealous advocacy" and operating within the limits of the law and his professional obligations. "The violations we have found are significant and numerous, and Kline's inability or refusal to acknowledge or address their significance is particularly troubling in light of his service as the chief prosecuting attorney for this state and its most populous county," the court wrote. Kline, http://socallawsupport.com/los-angeles-county/ 53, will have to wait three years to re-apply for his license. A Republican, Kline was attorney general from 2003 to 2007. He later worked as a district attorney in Johnson County, Kansas, and is now a law professor at Liberty University in Virginia. He did not immediately return a phone call seeking comment. An outspoken foe of abortion, Kline had clashed with abortion clinics and Planned Parenthood for years on whether they were abiding by all abortion laws.
For the original version including any supplementary images or video, visit http://www.reuters.com/article/2013/10/18/us-usa-abortion-kansas-idUSBRE99H0QQ20131018

Angry Facebook Posts And Tweets By Passenger About An Airport Employee Considered Expression Of Frustration And Therefore Not Defamatory

October 20, 2013 by James Windsor   comments (0)

Angry Facebook Posts and Tweets by Passenger about an Airport Employee Considered Expression of Frustration and Therefore not Defamatory more+ more+ less- Embed To embed, copy and paste the code into your website or blog:


Twitter, Facebook and other social networking sites have become the latest battleground between two often conflicting legal concepts: the right of a person to speak freely, even in a vitriolic way, versus the right of another to obtain cognizable redress if those words cause subsequent emotional or physical harm. Which argument prevails, and the reasoning therein, has become a hotly contested aspect of technology law in the 21st century. The latest case to tackle this often vexatious question is Patterson v. Grant-Herms , No. M2013-00287-COA-R3-CV (Tenn. Ct. App. Oct. 8, 2013). The case involves a decision by an operations agent (the "agent") for Southwest Airlines to sue a passenger for slander, defamation, libel and false light invasion of privacy after the latter unleashed a fusillade of complaints about the conduct of the agent via her Twitter and Facebook accounts. The passenger's complaints were prompted by the refusal of the agent to permit the passenger to board alongside her children. On social media, the passenger alleged that it was the fourth time the agent had refused to permit her children to board alongside, and that the agent has "the WORST customer service." In response to those statements, among others made by the passenger to the flight attendants and on southwest.com, the agent filed suit alleging the causes of action enumerated above. Specifically, the agent alleged that the statements of the passenger were defamatory because they attempted to paint her as someone who would "endanger the welfare of a four-year old child." The Tennessee Court of Appeals rejected this argument. First, it noted that defamation occurs when a statement is in part designed to harm the reputation of another so to lower her in the "estimation of the community," and that this statement did not do so because it was merely the passenger expressing her frustration. Second, though the court noted that the passenger left out http://socallawsupport.com/los-angeles-county/azusa/placecategory/accident-injuries-law/ aspects of the incident unfavorable to her, the words themselves construed in their "plain and natural" meaning could not reasonably be thought to portray the agent as someone with a propensity to endanger the welfare of a child. However, the court reinstated the agent's false light invasion of privacy claim after it had been thrown out on summary judgment grounds in the lower court. In Tennessee, part of the standard for false light is whether there existed a "major representation of [her] activities that serious offense may reasonably be expected to be taken." Additionally, the standard for determining whether such offense can be taken in the context of a false light claim notes that the literal accuracy of separate statements does not immunize the speaker if the overall presentation of the statements renders them susceptible to casting an individual in a false light. Accordingly, since the selective posting of the circumstances by the passenger implied that the agent was rude, incapable of performing her job and more concerned with adherence to airline rules than the welfare of a child, summary judgment was inappropriate on the false light claim. As the passenger in Patterson elsewhere noted, tweets and Facebook postings directed at companies is often the optimum way to engender a quick and sympathetic response. Companies rightly fear the contagion of negative publicity that could occur were the tweets or posts to be spread amongst the growing contingent of regular social media users. However, as the court in this case acknowledges, a passenger's fervent desire for redress can potentially infringe on the legal rights of third-parties. Accordingly, what constitutes passenger "frustration" and therefore not defamatory will likely confront other courts in the upcoming years. - See more at: http://www.hklaw.com/DigitalTechBlog/Angry-Facebook-Posts-and-Tweets-by-Passenger-about-an-Airport-Employee-Considered-Expression-of-Frustration-and-Therefore-not-Defamatory-10-15-2013/#sthash.mxSwcPv5.dpuf Twitter, Facebook and other social networking sites have become the latest battleground between two often conflicting legal concepts: the right of a person to speak freely, even in a vitriolic way, versus the right of another to obtain cognizable redress if those words cause subsequent emotional or physical harm. Which argument prevails, and the reasoning therein, has become a hotly contested aspect of technology law in the 21st century. The latest case to tackle this often vexatious question is Patterson v. Grant-Herms , No. M2013-00287-COA-R3-CV (Tenn. Ct. App. Oct. 8, 2013). The case involves a decision by an operations agent (the "agent") for Southwest Airlines to sue a passenger for slander, defamation, libel and false light invasion of privacy after the latter unleashed a fusillade of complaints about the conduct of the agent via her Twitter and Facebook accounts. The passenger's complaints were prompted by the refusal of the agent to permit the passenger to board alongside her children. On social media, the passenger alleged that it was the fourth time the agent had refused to permit her children to board alongside, and that the agent has "the WORST customer service." In response to those statements, among others made by the passenger to the flight attendants and on southwest.com, the agent filed suit alleging the causes of action enumerated above. Specifically, the agent alleged that the statements of the passenger were defamatory because they attempted to paint her as someone who would "endanger the welfare of a four-year old child." The Tennessee Court of Appeals rejected this argument. First, it noted that defamation occurs when a statement is in part designed to harm the reputation of another so to lower her in the "estimation of the community," and that this statement did not do so because it was merely the passenger expressing her frustration. Second, though the court noted that the passenger left out aspects of the incident unfavorable to her, the words themselves construed in their "plain and natural" meaning could not reasonably be thought to portray the agent as someone with a propensity to endanger the welfare of a child. However, the court reinstated the agent's false light invasion of privacy claim after it had been thrown out on summary judgment grounds in the lower court. In Tennessee, part of the standard for false light is whether there existed a "major representation of [her] activities that serious offense may reasonably be expected to be taken." Additionally, the standard for determining whether such offense can be taken in the context of a false light claim notes that the literal accuracy of separate statements does not immunize the speaker if the overall presentation of the statements renders them susceptible to casting an individual in a false light. Accordingly, since the selective posting of the circumstances by the passenger implied that the agent was rude, incapable of performing her job and more concerned with adherence to airline rules than the welfare of a child, summary judgment was inappropriate on the false light claim. As the passenger in Patterson elsewhere noted, tweets and Facebook postings directed at companies is often the optimum way to engender a quick and sympathetic response. Companies rightly fear the contagion of negative publicity that could occur were the tweets or posts to be spread amongst the growing contingent of regular social media users. However, as the court in this case acknowledges, a passenger's fervent desire for redress can potentially infringe on the legal rights of third-parties. Accordingly, what constitutes passenger "frustration" and therefore not defamatory will likely confront other courts in the upcoming years.
For the original version including any supplementary images or video, visit http://www.jdsupra.com/legalnews/angry-facebook-posts-and-tweets-by-passe-35013/

North Carolina Attorney General Dislikes Laws He Must Defend

October 17, 2013 by James Windsor   comments (0)

A few of the 18 troopers who have provided me protection felt my backseat driving made them uncomfortable for that I apologize. The troopers complaints were summarized by Ardolini in the December 2011 memo to his superior , which led to a meeting between Gansler and the leader of the state police. Gov. Martin OMalley (D) was briefed, aides said, and authorized the police to take whatever corrective action they deemed necessary, including revoking Ganslers transportation services. Bob Wheelock, a spokesman for Gansler, said that the SUV used to transport Gansler is owned by the attorney generals office and that Gansler is free to drive it whenever he wants. Wheelock also denied that Gansler had ever driven the vehicle with lights and sirens on or that he had turned them on when troopers were driving. Any suggestions made by Gansler about how the troopers should drive, Wheelock said, were no more than that suggestions that they were free to ignore. State police report to the governor, not Gansler, a separately elected official, with no direct authority over the troopers assigned to him. The late 2011 meeting between Gansler and Col. Marcus L. Brown, the superintendent of state police, was arranged by a senior aide to OMalley, who was concerned about safety issues surrounding Ganslers travels, an aide to the governor said. (OMalley has endorsed Ganslers chief rival in next years Democratic primary, Lt. Gov.
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North Carolina Attorney General Roy Cooper. (Chuck Burton/AP) (Chuck Burton/AP) There is, however, a complication. As attorney general for North Carolina, Cooper, a Democrat, must defend the laws passed by that legislature and signed by first term GOP Gov. Pat McCrory. And to complete the drama, everyone expects Cooper to be at the top of the list of McCrorys 2016 Democratic challengers. In the column, Cooper criticized changes in the tax code, cuts in education funding and McCrorys refusal to accept federal Medicaid dollars that would expand coverage in the state. He joined other voices protesting the conservative wave of state legislation passed this year, viewing the laws as a backward step. The issue of same-sex marriage caused the latest disagreement between Coopers personal and official stands, despite a law banning it and an amendment to the North Carolina constitution, approved by a wide margin by voters last year, that affirms marriage between a man and a woman as the only domestic legal union that shall be valid or recognized in this state. Even in a state where same-sex marriage is doubly forbidden, the Supreme Courts ruling striking down parts of the federal Defense of Marriage Act has emboldened advocates. Its also part of the Campaign for Southern Equalitys county-by-county challenge. Last week, the Mecklenburg County Register of Deeds denied three same-sex couples marriage licenses.
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School lawyer lied about 'arrest' of girl suspended for trying to help drunken pal, attorney says

On Saturday, police said they had confirmed that four of the nine were in their parents' custody. The other five were accounted for Sunday, state police said. The nine teens were attending a facility for troubled youths called the Tierra Blanca Ranch, and authorities began searching for them after receiving allegations of abuse, police say. Pete Domenici, the attorney for the ranch, told CNN early Sunday morning that the teens were all with their parents and have been for "many, many hours." "The five remaining kids on the state police Amber Alert have all been with their parents for over 24 hours. One boy who is still listed as part of the active Amber Alert, has been with his parents since Wednesday." CNN has reached out to police for comment regarding Domenici's claims. Earlier, authorities had said they would keep the alert active until they could confirm the teens' whereabouts. The incident started Friday, when state police investigators went to the ranch to execute a search warrant and investigate claims of abuse, authorities said. Scott Chandler is director of the Tierra Blanca Youth Ranch. The youths were not at the ranch and neither was Scott Chandler, the ranch director, the New Mexico State Police said. Domenici said the teens had just gone on a trip and nothing was wrong. "The boys from the Tierra Blanca Ranch have been on a previously scheduled activity away from the ranch for several days," Domenici said.
For the original version including any supplementary images or video, visit http://www.cnn.com/2013/10/13/justice/new-mexico-ranch-amber-alert/index.html

Attorney: All 9 missing teens from New Mexico youth ranch are with parents

The Tierra Blanca Ranch is a facility for troubled youths. It "While some may decry the Administrations actions as unfair or inconsistent with the principles of due process, our Administration wholeheartedly disagrees," the statement read. "To be clear, the Massachusetts Supreme Judicial Court has ruled that participation in interscholastic athletics is a privilege. Rather than simply revoking the privilege, our Administration has consistently afforded its student-athletes a reasonable opportunity to be heard before a disciplinary decision is made." Since the story made national headlines, Cox has been lauded in many quarters for coming to the aid of a friend, and for trying to keep a drunk driver off the road. "The story of Erin Cox, the Boston high school student suspended for being called in as a designated driver is unconscionable," former Florida congressman Allen West wrote on his website . "Sadly, it is indicative of the statist drive permeating our culture to negate individual initiative, personal responsibility, accountability, and acts of honor." Oddly, not everyone is taking Cox's side in the dispute. Mothers Against Drunk Driving President Jan Withers told FoxNews.com the school was right to come down on the teen. Underage drinking is so very dangerous, thats why MADD appreciates this schools effort, said Withers, who praised Cox's intentions but said she should have called an adult.
For the original version including any supplementary images or video, visit http://www.foxnews.com/us/2013/10/16/lawyer-for-girl-suspended-for-trying-to-help-drunken-pal-to-sue-school-over-lie/

Attorney: Casey Kasem receiving adequate care

Casey Kasem_001 "There will be a stark contrast between a frontline prosector like Brad Schimel and a politician like Jon Richards." Schimel was elected Waukesha County district attorney in 2006 after serving 16 years as an assistant district attorney for the county. He was re-elected to four-year terms in 2008 and 2012. Richards has also served as a special prosecutor in the Kenosha County district attorney's office. His campaign didn't include that information in the media release announcing his candidacy. Richards campaign adviser Sachin Chheda said that the position was an unpaid volunteer post of several months in which, to learn about prosecutors' work, Richards filed motions and made some court appearances such as bail hearings on behalf of the district attorney's office. "This was a learning experience for Jon in the context of being a lawyer and a legislator," Chheda said. Candidates for attorney general can begin circulating nomination papers on April 15. A partisan primary would be held Aug.
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Rep. Jon Richards enters race for Wisconsin attorney general

The Martindale-Hubbell AV Preeminent rating is the highest possible rating for an attorney for both ethical standards and legal ability. This rating represents the pinnacle of professional excellence. It is achieved only after an attorney has been reviewed and recommended by their peers - members of the bar and the judiciary. Congratulations go toBrian A. Eberstein who has achieved the AV Preeminent Rating from Martindale-Hubbell. Brian A. Eberstein commented on the recognition: "The Martindale-Hubbell AV Preeminent Rating is a credential highly valued and sought after in the legal world. It used to be a sort of secret among attorneys who used the rating as a first screen when they needed to hire a lawyer they did not personally know.
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Attorney Brian A. Eberstein has Achieved the AV Preeminent® Rating - the Highest Possible Rating from Martindale-Hubbell®

(Reporting by Joseph Ax; Editing by Richard Chang) @yahoofinance on Twitter, become a fan on Facebook Related Content Chart Your most recently viewed tickers will automatically show up here if you type a ticker in the "Enter symbol/company" at the bottom of this module. You need to enable your browser cookies to view your most recent quotes. Search for share prices Terms Quotes are real-time for NASDAQ, NYSE, and NYSEAmex when available. See also delay times for other exchanges . Quotes and other information supplied by independent providers identified on the Yahoo! Finance partner page . Quotes are updated automatically, but will be turned off after 25 minutes of inactivity. Quotes are delayed at least 15 minutes.
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Prominent attorney named as monitor in Apple e-books case

Grossman urged Paul to reject Julie Kasem's petition outright and saying the efforts by her and her siblings were hurting his client and the radio host. He said a 2007 document that appointed Julie Kasem as an overseer of her father's medical care had been superseded by 2011 estate planning documents, which Grossman filed in court on Tuesday. Paul refused to dismiss the case, noting that Ingham had requested additional information about the radio host's medical care. The judge also noted that based on court filings and attorneys' representations, it did not appear that any court intervention was necessary to ensure Kasem was receiving proper care. Paul appointed an independent doctor to review Kasem's medical records and to meet with him and report back to the court before a Nov. 19 court hearing. Attorneys for Julie Kasem supported a delay in the case for the medical evaluation and further investigation of the radio host's estate planning documents. Casey Kasem, 81, gained fame with his radio music countdown shows, "American Top 40" and "Casey's Top 40," and was also the voice of Shaggy in the cartoon "Scooby Doo." ___ McCartney can be reached at http://twitter.com/mccartneyAP SHARE 14 CONNECT 7 TWEET 2 COMMENTEMAILMORE Copyright 2013 The Associated Press. All rights reserved.
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Santa Ana Winds Bring Fire Danger Wednesday

October 16, 2013 by James Windsor   comments (0)

Notre Dame looking to beat Southern California in consecutive seasons for 1st time since 2001

Although winds are not expected to be extreme, they will be strong, gusting up to 50 mph as they channel through the mountains of Southern California. This excess wind will further spread the dry vegetation and fires, making them even harder for firefighters to contain the flames under the hot sunshine. Temperatures near the coastline will be rising above average for the afternoon on Wednesday. With highs in the mid- to upper 80s in Los Angeles and Anaheim, the sizzling heat will rise as much as 10 degrees above normal for the middle of October. Tweet More FromAccuWeather OCT 16 1880 An early season blizzard struck eastern South Dakota and southern Minnesota. Railroads were blocked and snow drifts remained throughout the severe winter which followed. 1910 A severe category 4 hurricane, known as "El Huracan de Los Cinco Dias" hit extreme western Cuba with an estimated central pressure of 924 millibars. This hurricane hit Florida two days later.
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Southern California McDonald's Introduces A Fresh New Flavor Adventure With The Premium McWrap® Southwest Chicken

(KABC Photo) Tags: More: Bio , Recent Stories , News Team LOS ANGELES (KABC) -- With the past two consecutive years being the driest on record, if we don't see a very wet winter this year, California may well be heading for a drought. The Metropolitan Water District of Southern California is asking residents to step up conservation efforts. "What happens if we don't do that? Then it becomes unsustainable and we have to start looking at different approaches: Are we going to have to have mandatory rationing? Are we going to have sorts of draconian penalties? So if we can encourage people to do this voluntarily, that's going to be the best approach," said Jeffrey Kightlinger, general manager of the Metropolitan District of Southern California. The water district is now offering subsidies if you use water saving devices, such as efficient toilets, rain barrels and soil moisture sensors. "It's good neighbor policy. It's nice to help the city and it's nice for us. It helps keep costs down," said John Roads of Silver Lake. Typically, about half of a household's water-use is concentrated outside, so officials are urging everyone to switch to native plants that don't require as much water. That's what Roads and his partner have done with their "zeroscaped" garden. "It's a lot easier to take care of," he said.
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PERRIS: Southern California Fair closing on a high note

All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Posted: 10/16/2013 Last Updated: 8 minutes ago CALIFORNIA - "The Magic Restroom Care" opened in the City of Industry. It's America's first toilet-themed restaurant, and all dishes, seats and food items focus on toilets, bathrooms and human bodily functions. According to Huffington Post, menu items include "golden poop rice," "black poop (actually a chocolate sundae), "smells-like-poop" (braised pork over rice)," and "bloody number two" (vanilla-strawberry sundae). Those defecation-themed dishes are then served in miniature toilet bowls, according to Eater L.A., which recommends the Stinky Tofu as the most appropriate food choice Copyright 2013 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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Staffers at the institute are calling it the discovery of a lifetime. "We've never seen a fish this big," said Mark Waddington, senior captain of the Tole Mour, CIMI's sail training ship. "The last oarfish we saw was three feet long." Because oarfish dive more than 914 metresdeep, sightings of the creatures are rare and they are largely unstudied, according to CIMI. 'Nobody will believe me' The obscure fish apparently died of natural causes. Tissue samples and video footage were sent to be studied by biologists at the University of California, Santa Barbara. Santana spotted something shimmering about nine metersdeep while snorkeling during a staff trip in Toyon Bay at Santa Catalina Island. "She said, 'I have to drag this thing out of here or nobody will believe me,"' Waddington said. After she dragged the carcass by the tail for more than 23 metres, staffers waded in and helped her bring it to shore.
For the original version including any supplementary images or video, visit http://news.ca.msn.com/world/giant-oarfish-carcass-discovered-off-southern-california-coast

Southern California Cycling Event to Support Local Cancer Research Kicks Off, 10/26

Landlords asked for average monthly rents of $2.33 per square foot, an increase of 5 cents from the same period last year. In Los Angeles, the ever-popular Westside continues to outshine other neighborhoods as technology and entertainment businesses based there grow and rent more space. One big reason this office market recovery is much slower than others is that many firms are packing more workers into less space. The ho-hum recovery has hit downtown Los Angeles especially hard, said broker David Kutzer of Newmark Grubb Knight Frank. Law firms, banks and other corporate businesses have been cutting back on private offices and workers' cube space. Open floor plans are becoming the norm. "There is far less 'me' space and more 'we' space," Kutzer said. Tenants aren't leaving downtown, but their space cutbacks and occasional layoffs are keeping the market soft, he said. Vacancy in the central business district is about 20%, according to Cushman & Wakefield, double what is considered healthy among real estate professionals. Although the absorption of empty space on the Westside and a few other markets offers landlords a glimmer of hope, the overall character of the Los Angeles-area market isn't likely to change soon, Kutzer said.
For the original version including any supplementary images or video, visit http://www.latimes.com/business/la-fi-commre-overview-20131013,0,6124793.story

Giant oarfish carcass discovered off Southern California coast

This photo released courtesy of the Catalina Island Marine Institute taken on Sunday Oct. 13, 2013 shows the crew of sailing school vessel Tole Mour and Catalina Island Marine Institute instructors holding an 18-foot-long oarfish that was found in the waters of Toyon Bay on Santa Catalina Island, Calif. A marine science instructor snorkeling off the Southern California coast spotted the silvery carcass of the 18-foot-long, serpent-like oarfish. (© AP Photo/Catalina Island Marine Institute) 10, 2013, in Los Angeles. (AP Photo/Mark J. Terrill)The Associated Press SOUTH BEND, Ind. Notre Dame is looking to beat Southern California in back-to-back seasons for the first time since 2001. That's also the last time the Irish (4-2) beat the Trojans (4-2) at Notre Dame Stadium. Notre Dame coach Brian Kelly said Tuesday he didn't know it had been that long since the Irish had won at home in the rivalry, saying the team is focused on this year's goals. The Irish have won two of the last three against the Trojans, including last year's 22-13 victory at the Coliseum that clinched a spot in the BCS championship game. But Notre Dame lost a record eight straight to the Trojans before that.
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Southern California residents urged to conserve water

A person gets water from the sink in this undated file photo. Markets open in 2 hrs 26 mins Southern California McDonald's Introduces A Fresh New Flavor Adventure With The Premium McWrap Southwest Chicken Press Release: McDonald's Operators' Association of Southern California 20 hours ago Print LOS ANGELES, Oct. 15, 2013 /PRNewswire/ -- Southern California McDonald's restaurants invite taste seekers across Southern California to unwrap a new flavor experience with the Premium McWrap Southwest Chicken, available tomorrow for a limited time. The new flavor is an extension of the meal-size wrap that launched earlier this year. It combines juicy grilled or crispy chicken glazed with cilantro lime sauce, fresh spring greens and lettuce, tomatoes, cheddar jack cheese, tortilla strips and spicy, creamy habanero ranch sauce in a warm tortilla. It's served in a convenient, hand-held package to fit the busy on-the-go lifestyle. "We are excited to offer this new, unique choice to our customers," said Clay Paschen III, McDonald's owner/operator and president of the McDonald's Operators' Association of Southern California (MOASC). "By offering a variety of options, like our line of Premium McWraps, we are confident we will meet our customers' unique taste preferences." The Premium McWrap Southwest Chicken starts at 520 calories. For nutrition and ingredient information and additional details about Premium McWrap Southwest Chicken and McDonald's full line of national menu choices visit www.McDonalds.com . Customers can also enjoy our other Premium McWrap flavors which include Chicken and Bacon, Chicken and Ranch, or Sweet Chicken Chili. All McWraps can be ordered with crispy or grilled chicken. MOASC is comprised of more than 600 franchised and company-owned McDonald's restaurants in Los Angeles, Orange, Riverside, San Bernardino and Ventura counties. Visit us online at www.McDonaldsSoCal.com , or follow us on Twitter: @McDonalds_SoCal . FOR MORE INFORMATION
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Southern California office rental market improves slightly

$100-million complex to replace former Chinatown fixture Jasmine Santana was about 15 feet underwater when she found the 18-foot-long, silvery fish with reddish fins and eyes the size of a half-dollar staring at her from the sandy bottom. Realizing it was dead, she snatched the fish's tail, and using buoyancy and low tides, powered her way back on shore. "I was first a little scared," said the still-thrilled Santana, who has been working for Catalina Island Marine Institute since January. "But when I realized it was an oarfish, I knew it was harmless." After a 15-minute swim dragging the 400-pound carcass, she needed help from 14 others to lift the fish out of the water at Toyon Bay, California. "I was really amazed. It was like seeing something in a dream," said Mark Waddington, the senior captain of CIMI's sailing school vessel the "Tole Mour" who gave Santana a hand. "It's the first time I ever witnessed an oarfish this big." "Oarfish are found in all temperate to tropical waters, but are rarely seen, dead or alive," CIMI, a non-profit marine science education group, said in a release. "It is believed that oarfish dive over 3,000 feet deep, which leaves them largely unstudied. and little is known about their behavior or population." Waddington, who has been with CIMI since 1994, said it remains unclear why the oarfish was found in shallow water this time, but it appeared to have died naturally. Waddington said while the oarfish's carcass is still being preserved in ice, CIMI has been sending some of its tissues and other samples to marine scientists, including Dr. Milton Love, a fish expert from University of California at Santa Barbara, to study its DNA and diet habits. Waddington said CIMI will likely to keep the fish's skeleton for educational purposes.
For the original version including any supplementary images or video, visit http://www.cnn.com/2013/10/15/us/california-18-foot-oarfish/index.html

Southern California has a new and interesting themed restaurant

MAGIC-RESTROOM-CAFE-large570_1381920988734.jpg All the dirt out there turns to mud. On the plus side, according to Kibota, the fair responded to exit surveys and social media feedback that indicated the public wanted more live music, and they presented a more robust roster of acts this year. The consensus was they missed the concerts, said Kibota. He said the response to shows by country pop act Uncle Kracker and Christian rockers Kutless was good. Wednesdays rainout cancelled a show by alternative rock band Hoobastank. Kibota said the fans especially appreciated the shows that were free with the price of admission. General admission tickets are $8. A less well-known but unmistakably original music act was the Tangled Threads. Fairgoers couldnt miss Jason Arquin, the man on the stilts roaming the fairgrounds playing the Ukulele.
For the original version including any supplementary images or video, visit http://www.pe.com/local-news/riverside-county/perris/perris-headlines-index/20131014-perris-southern-california-fair-closing-on-a-high-note.ece

18-foot oarfish discovered off southern California coast

The impact of sequestration has led to billions of dollars in cuts to federal research funding and now more than ever research laboratories need to find new and creative ways to fund their efforts. Today, nearly everyone has been touched by cancer or knows someone who has. Pedal the Cause participants will raise much-needed support specifically for cancer research. The first of its kind for San Diego, Pedal the Cause invites all of Southern California to join hundreds of riders of all experience levels cycling 25-, 50-, 115- or 180-mile courses, or volunteer anytime during event weekend. "San Diego is fortunate to have world-class cancer research and treatment institutions, and we are putting on a world-class event to support them, with the help of thousands of people from around Southern California," said Pedal the Cause founder and two-time lymphoma survivor Bill Koman. "Pedal the Cause will directly benefit San Diego's three National Cancer Institute-designated cancer centers." The Pedal the Cause beneficiaries are: UC San Diego Moores Cancer Center Sanford-Burnham Medical Research Institute Salk Institute for Biological Studies "San Diego is unique in having a cluster of cancer centers that collaborate effectively, and Pedal the Cause will enable us to step up our game together," said Garth Powis, D.Phil., Director of Sanford-Burnham's NCI-designated Cancer Center and Team Captain of the Institute's Pedal the Cause riders. "With this support, we can generate new discoveries about the causes of cancer, identify new targets for drug discovery, and turn these discoveries into new treatments for cancer patients who desperately need them." Individuals and companies from all over the region are finding innovative ways to get involved with Pedal the Cause. For example, Life Technologies' team of 30 riders has raised nearly$40,000 to date and is also encouraging employees to get involved by volunteering during the weekend event.
For the original version including any supplementary images or video, visit http://www.broadwayworld.com/bwwfitness/article/Southern-California-Cycling-Event-to-Support-Local-Cancer-Research-Kicks-Off-1026-20131015

Ex-attorney Pleads Guilty, Stole Over $4 Million

October 14, 2013 by James Windsor   comments (0)

Attorney won't tell Parsippany councilmen what he's doing for township

"He was literally a one-man financial crime wave," Rice said. "He kept putting himself out there as a lawyer. In one such case, he forged the deeds to four homes he did not own and was not authorized to sell. He then sold all four as investment properties to a local resident. Authorities told CNBC that the victim, who trusted Kalpakis as a friend and member of the community, saw only one of the four properties before buying them. Bette Kalpakis, now his ex-wife, was also a victim. According to the charges, Kalpakis conned her out of $402,152 by forging power of attorney on a mortgage loan with JPMorgan Chase for their Old Westbury residence, whose deed was in her name. He got the loan without her knowledge, then pocketed the money. Sources also told CNBC that Kalpakis even victimized a girlfriend in a bogus business deal. "I know it's crazy and people will roll their eyes when I say I didn't attempt to steal money from anyone, but that wasn't my intention," he said. "I want to show that I'm truly sorry and regret everything that I've done in my life. I don't want to hide from what I've done; I don't want to run from what I've done. I want to take responsibility. ...
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Attorney under fire denies wrongdoing

More than 100 pot outlets that meet the voter-approved criteria for continuing to operate won't be prosecuted, Feuer said. But if they are within 600 feet of a park, http://socallawsupport.com/riverside-county/ a school or a child-care facility, they will have to move, he said. State and local laws regulating dispensaries conflict with the U.S. Justice Department 's stance that marijuana is an illegal drug that cannot be sold, even for medicinal purposes. Feuer said his office has "been in contact" with federal authorities but declined to say if any coordination is taking place between the agencies. Feuer said city lawyers are attempting to provide the balance intended by Measure D, which sought to ensure access to medical marijuana for chronically ill patients but reverse what had become a proliferation of shops. City officials have spent years struggling to regulate medical marijuana without restricting access to those who need it. Despite the moratorium imposed in 2007, shops continued to open. Subsequent attempts to set a cap on the number of shops and then ban them altogether failed. Dispensary operators fought back with lawsuits and their own unsuccessful voter measures. Measure D helped clarify the debate, the city attorney said, setting standards for legal operations. Thus far, the city prosecutions haven't been challenged legally, he said. David Welch, an attorney representing several dispensary operators, said his clients have filed lawsuits in federal court challenging portions of the city law.
For the original version including any supplementary images or video, visit http://www.latimes.com/local/la-me-closing-pot-shops-20131012,0,2122420.story

L.A. city attorney moves to shut down illegal marijuana dispensaries

Banks: Some L.A. pot shops look to Garcetti" width="350px" style="float: left; padding: 5px;" /> James Carifi has sued the township, accusing it of blocking his ascension through the department's ranks because he blew the whistle on departmental misconduct . Though a judge granted a procedural motion to dismiss the suit, Inglesino and James Carifi's attorney each said they expect it to be reinstated. Last week, Parsippany filed a suit against him, saying he stole tons of township information from his work computer on his last day at work . One of the main concerns Inglesino and Barberio have expressed is that either Nelson or Paul Carifi would hand over to James Carifi invoices detailing Parsippany's actions against him. Inglesino has said if James Carifi were to obtain the invoices, it could "jeopardize the town's interests," though he didn't explain how. Paul Carifi said he's not sure how, exactly, that would help his brother's pending litigation, anyway. Barberio and Inglesino just don't want residents to know how much money they've spent on James Carifi's litigation, the councilman said. "They don't want the residents of this town to know how much they've spent going after my brother," Paul Carifi said. "Could you imagine if they found out Inglesino has billed them $100,000 on a case to go after someone who's retiring? People would go berserk." But, Paul Carifi said, he's willing to skip seeing those invoices if he can see everything else. "No doubt in my mind (Inglesino's) hiding something," the councilman Carifi said. On Wednesday, Inglesino declined to tell NJ.com what he perceived to be Nelson's conflict of interest, instead referring that question to Barberio.
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Attorney Says 9 Boys From NM Youth Camp Are Safe

Odom didn't appear in court for the arraignment Wednesday and his attorney entered the plea on his behalf. A pretrial hearing was set for Nov. 8. The DUI charge against the 33-year-old former Los Angeles Lakers and Clippers player includes an allegation that Odom refused to take a chemical test. According to California law, a motorist forfeits their license for a year if they refuse a breath or blood test. He was arrested Aug. 30 after his Mercedes-Benz SUV was spotted weaving on a freeway in the Studio City section of Los Angeles.
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Attorney enters not guilty plea on behalf of NBA player Lamar Odom in DUI case

(AP) An eastern Kentucky disability lawyer is denying accusations that he collaborated with a former West Virginia judge to improperly award disability benefits. The Appalachian News -Express ( http://bit.ly/1gw8EhP) reports attorney Eric C. Conn denied wrongdoing in a statement sent out by his law office, which is located in Stanville near the West Virginia border. The accusations against him were in a report released Monday by congressional investigators. It accused him of scheming with retired administrative law Judge David B. Daugherty to approve more than 1,800 disability cases from 2006 to 2010. "By 2011, Mr. Conn and Judge Daugherty had collaborated on a scheme that enabled the judge to approve, in assembly-line fashion, hundreds of clients for disability benefits using manufactured medical evidence," said the report by the staff of the Senate Homeland Security and Governmental Affairs Committee . Conn declined to answer questions during a Senate hearing, asserting his constitutional right against self-incrimination. Daugherty left the hearing before being called to testify. The statement from Conn details his long law career. "I have practiced Social Security disability law for 20 years," he said. "I have advertised extensively and represented every claimant to the best of my ability.
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Ga. ethics commission attorney contacted by FBI

"She never claimed that Gov. Deal owes her for 'taking care' of those complaints." Former ethics commission employee John Hair, who has said he was forced out of his job after refusing to remove documents from the Deal file, told the Atlanta newspaper and WSB-TV this week that he did remove some documents. Hair has not responded to a phone call seeking comment. LaBerge's attorney denied any wrongdoing by his client. "Holly never asked Mr. Hair to improperly change or alter any files," Brown said. The circumstances surrounding the Deal investigation have been a major subject in the two lawsuits filed by former commission executive secretary Stacey Kalberman and her deputy Sherilyn Streicker after the ethics commission decided to slash Kalberman's salary by about 30 percent and eliminate Streicker's position as they were seeking to gain approval from commissioners to issue subpoenas in the Deal investigation. In a deposition last month, LaBerge a former lobbyist for the Georgia Public Defender's Standards Council said she was contacted by the governor's office to see if she was interested in the executive secretary position. Deal has said it's common for his office to recommend potential candidates for state positions. After she was hired, LaBerge met frequently with the governor's chief of staff and office legal counsel to discuss the ethics complaints, according to Murray-Obertein.
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Emmanuel Gutierrez said Friday night. The search comes after the Albuquerque Journal reported last week that state authorities were investigating claims that teenage boys were beaten and forced to wear leg shackles and handcuffs for minor violations of rules at the unlicensed program. A search warrant was executed Friday as part of the investigation of abuse at the Tierra Blanca High Country Youth Program, located at a 30,000-acre compound in high desert country, about seven miles from Hillsboro. Officials said that the teens, ages 13 and 17, weren't at the property in Sierra County, nor was program operator Scott Chandler, who has been named a person of interest in the case. Ranch attorney Pete Domenici Jr. said in a statement Friday that the boys had been "on a previously scheduled activity away from the ranch for several days. They are safe and have already been picked up by their parents, or their parents are en route to pick them up." Domenici accused the state of escalating the situation by failing to agree to an emergency hearing in a lawsuit the ranch filed earlier this week over what the suit contends was an improperly handled investigation. However, authorities issued an Amber Alert for the teenager minutes after Domenici's statement was released. Program operators had been ordered to send the kids back to their parents or surrender them to the state after staff members were accused of beating and shackling students. The operators of the ranch, Scott and Collette Chandler, deny any children have been harmed. And they filed a lawsuit earlier this week accusing investigators of targeting the ranch for closure following a fatal car crash involving students. The operators also claimed investigators have been illegally interviewing students and telling parents to pull their children from the program by Friday or face abuse charges. Their lawsuit said at least one family was contacted directly by Gov.
For the original version including any supplementary images or video, visit http://abcnews.go.com/US/wireStory/state-police-search-teens-youth-ranch-20549305

First-ever Legal High Clinics Open To Combat Increasing Use Of Substances That Have Led To Deaths

October 9, 2013 by James Windsor   comments (0)

Better Call Saul? Beware Legal Fee Rules

Breaking Bad Screening Lab in Hollywood - Saul... CRI says the new access points will offer 'a range of services from advice and information to a full assessment and access to structured treatment' to help people kick their addiction. Michael Lawrence, who works at CRI, said: 'Novel psychoactive substances (NPS) otherwise known as "legal highs" or "club drugs" have changed the local drug scene hugely over the last year. 'The assumption people make is that because they are legal they must be safe, but that isn't the case. 'Please don't use drugs ... it's risky': Open prison takes the softly, softly approach with polite letter asking inmates nicely not to escape The clinics are opened in partnership with the Sussex Partnership NHS Foundation Trust and are open two evenings a week to access as many people as possible. Health and social care charity CRI - Crime Reduction Initiative - has opened the clinics following the deaths of several young people (file picture) HESTER STEWART: THE ASPIRING SURGEON WHO DIED AFTER TAKING PARTY DRUG Hester Stewart, 21, an outstanding medical student who dreamed of becoming a surgeon, was found dead by police after a party in 2009. According to a friend, she taken a liquid drug called GBL. At the time the drug was legal but it was banned in December 2009 following a spate of deaths. At the time of Hester's death, her mother Maryon Stewart, a well-known nutritionist who promotes natural health remedies, said that she felt 'cheated, frustrated and angry' that the Home Office had not acted on their promise made the previous August to ban the drug. Mrs Stewart has since set up the Angelus Foundation calling for more information about legal highs. Mr Lawrence added: 'We have seen many people come in shocked at the type of experience they have had with NPS, which has often lead them into risky situations, particularly if mixed with alcohol. 'Some have ended up in A&E or have been arrested. 'We just don't know enough about the long term effects of any of the 'legal highs' but even the short term effects can be extremely dangerous. 'We'd advise people not to start using these untested substances at all, but to be fully informed if you do choose to take them.' It has been reported that deaths involving legal highs increased by 80 per cent last year - to one every week.
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Debt limit: Now the legal morass

Michael Hiltzik Unilaterally ignoring the limit, citing the 14th Amendment, which prohibits "questioning" the validity of public debt. This is the choice I advocated in an earlier post. 2. Selling gold out of Ft. Knox to raise funds. Patterson says this would spark a panic in the gold market, plus it would only raise $350 billion, which isn't much under the circumstances. 3. Minting a $1-trillion platinum coin. This is technically legal, under an old law designed to allow the minting of commemorative platinum coins, not legal tender. This choice is favored mostly by people who like weird things.
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Sierra Iron Ore provides update on legal action against neighbour company

In a pure personal physical injury case (say an auto accident or slip-and-fall), the entire recovery is tax-free so it doesnt matter whether you consider the recovery including legal fees or the net. Unfortunately, there is often confusion about what is tax-free. 6. Legal Fees in Employment Cases Are Deductible. Most employment settlements are either wages (on a Form W-2 ) or non-wage income (on a Form 1099 ). If your lawyer takes 40%, you still must include 100% in your income. However, you can deduct the legal fees above-the-line, before reaching adjusted gross income. That means you have no taxno regular tax and no AMTon the legal fees. See More on Attorney Fees Post-Banks . Bottom Line? Tax deductions alleviate some of the pain of legal bills. There are often several ways of allocating fees, so planning pays off.
For the original version including any supplementary images or video, visit http://www.forbes.com/sites/robertwood/2013/10/06/better-call-saul-beware-legal-fee-rules/

Hugh Jackman signed autographs on Tuesday as he arrived in Washington D.C. with his wife Deborra-Lee Furness Questions from the audience included commercial development and how the candidates would see it happen and the common theme was they did not have enough information to make a comment. The Crossroad located in Sturgeon County going into the Town of Legal and their need for more water and not enough done to encourage industry was discussed. The high taxes in town were discussed and what can be done to lower taxes. Hauptman said he did not have the books to see where the money is going but would have to see where before they start reducing taxes, Epp said he did not know if Legal was in the red or in the black and how to lower them. Tina Hills said they were high but not out there. Baril mentioned it was hard to pull back once they have gone ahead because the budget has certain spending, but going forward they can try to reduce spending. Tremblay mentioned what amenities are they willing to lose to cut costs.
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Legal forum looks at multiple issues

legalforum-web While Amendment 64, passed last year by Colorado voters, legalized recreational use of marijuana and promised to regulate its sale like alcohol, dont look for a pot shop next to every liquor store. Just as they can with medical marijuana which was legal before last years vote cities may elect to ban retail sales within their boundaries. The choice leaves some in city hall choosing between missing out on tax dollars and a proliferation of pot shops, with their unique policing and regulatory challenges. The state legislature is asking voters to approve a levy of up to 15 percent on the drug; Denver city hall wants leeway to charge the same. A group opposing the tax questions says marijuana may be charged a total tax of over 50 percent when all applicable rates are added together. These taxes are in addition to standard retail sales taxes already on the books. Medical marijuana has been legal in Colorado since 2000, though there wasnt much of an industry around the drug until a 2007 court decision invalidated a rule limiting caregivers to five patients each, thus limiting the scale of any individual operation. Since then, Colorado has seen an explosion of medical marijuana dispensaries.
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Pot’s legal to smoke, but where do you buy?

Obama paused at the White House podium and then told reporters, We know that Mr. [Anas] al-Libi planned and helped execute plots that killed hundreds of people, a whole lot of Americans, and we have strong evidence of that and he will be brought to justice. Obama then called on another reporter and the discussion returned to the political mess in Washington . In his reference to the plots that killed hundreds of people, Obama was likely referring to the 1998 dual bombings of American embassies in Kenya and Tanzania, which claimed the lives of 224 people, including 12 Americans. Anas al-Libi was indicted, along with 20 other alleged al Qaeda members or associates including Osama bin Laden, in 2000 for allegedly helping plan that attack. Fifteen years after the bombings, al-Libi, whose real name is Nazih Abdul-Hamed al-Ruqai, was snatched outside his home in the Libyan capital early Saturday morning by the elite U.S. Army unit Delta Force, according to a military source, and spirited a Navy ship waiting in the Mediterranean. READ: Go Inside the Navy Ship Officials Say Holds Al Qaeda Suspect The Libyan government, which says it was unaware of the operation until it was over, the next day called on the U.S.
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Obama Skirts Legal Question Over Libya Capture

The legal action claims that the neighboring company illegally crossed the property lines and had been operating and extracting iron ore from the Mazomique property for resale into the market. The legal action initiated by Sierra Iron Ore is intended to financially collect from the defendant the value of the iron ore that was illegally removed from the Mazomique property. Additionally, the legal action is also seeking criminal charges against the principals of the neighboring company and any other parties responsible for this alleged criminal act. The presentation of evidence is expected within the next 30 days. On June 18, 2012, the company announced that it has entered into an agreement (the "Mazomique Agreement") with Aztec Zinc de Mexico S.A. de C.V. (the "Owner"), an arm's-length party, to acquire up to an 80% interest in a highly prospective iron ore property (the "Mazomique Property") comprising of one concession covering an area of 3,055.27 ha near the northeast boundary of Sinaloa and Chihuahua states. "We continue to vigorously pursue a legal and financial remedy and will aggressively defend and protect the company's assets," stated Wally Boguski, President and CEO. "We look forward to advancing our case through the court system so that we can get closer to a verdict which we expect http://socallawsupport.com/for-lawyers.html will be favorable for our company." About Sierra Iron Ore Sierra Iron Ore is a growth focused mineral exploration company creating value through the exploration and development of the El Creston property located in the Sinaloa State of Mexico. The company has a continual fieldwork program at the El Creston Property that is comprised of drilling, mapping, sampling and planning for further property development. Roads have been built and upgraded as well as equipment has been mobilized for further developing the known magnetite zones identified by recent exploration work. Sierra Iron Ore also has 100% ownership of the Tom Cat property which is located 200 kilometres east-northeast of Vancouver within the historic Aspen Grove copper camp. The company is currently conducting an exploration program of geological mapping and sampling program as a prelude to a planned diamond drill program. On behalf of The Board of Directors of Sierra Iron Ore Corporation.
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