March 25, 2009

Need a Florida lawyer?

One of the things that always gets foreigners that come to the US, one of the things they really don't understand, is that lawyers can only work in one State. Because the laws are different in each State. Just as an example, the Florida Car Insurance Laws are different from those in every other State, They are different from the Federal laws, from the international ones as well. This is a good thing of course, as it means that there are separate different laboratories all experimenting away with what would be the right, the correct laws.

However, if you need legal help this does pose its problems. Who do you turn to in each State? Well, that's where this blog post can help. A lot of us go on vacation to Florida, so here's a west palm beach lawyer that can help. It's worth noting that the legal firm has been open for a decade and that they don't spend their money on billbaords and the like. No, rather, they spend it on getting the lawyers necessary into the courts where they are needed. Actually, what you'd like from a firm we think.

So, if you need a Personal Injury Attorney West Palm Beach then why not click through those links. They're offering you big firm experience along with small firm care and attention.

March 25, 2009 in Law | Permalink | Comments (0) | TrackBack

March 10, 2009

Terry Sedlacek

Ooh, my, Terry Sedlacek seems to have got himself into a lot of trouble. Terry Sedlacek also seems to have come up with a defence that might get him out of a lot of trouble.

The story so far. Well, as far as we know. Terry Sedlacek walks into church one morning and starts taking pops at the pastor, who he kills. The defence is that Terry Sedlacek actually has Lyme's Disease, as a result of a tick bite, and this has caused insanity. That Terry Sedlacek is not in fact responsible for his actions.

Hmm, interesting theory really:

Here again are the horrific details broke Sunday by LALATE. A Sunday church service was underway when Terry Sedlacek interrupted the service, then entered the pulpit, shot pastor Winters dead right during the mass, then stabbed himself. Parishioners tackled Terry Sedlacek. Two were stabbed. They are expected to survive.


But what of Sedlacek's Lyme's disease?

Family members of Terry J. Sedlacek, who has been charged with fatally shooting of Fred Winters, the Maryville Pastor of First Baptist Church in Maryville Illinois report that the 27-year old Sedlacek has been suffering from Lyme Disease.

Terry Sedlacek’s attorney Ron Slemer has confirmed that Sedlacek first contracted Lyme Disease several years ago after being bitten by a tick. Ticks transmit the spirochete Borrelia burgdorferi, the bacterial microorganism responsible for Lyme disease, which is known to cause depression and mental aberrations.

Well, OK, but we do have to think about this a little bit. Or at least, a jury will:

Can Lyme disease lead to violence, even murder? This question has come up twice in the past month. First in the case of Travis, the chimpanzee, which mauled a woman in Connecticut. It was reported that he was suffering from the tick-borne illness and that it was either the disease itself or the medication he was taking that caused the chimp, once a star of TV commercials, to snap. And now, the disease is being blamed for causing the mental illness of a man accused of gunning down a pastor Sunday at a suburban Illinois church. Police did not release the gunman's name, but the St. Louis Post-Dispatch reported late Sunday that he is 27-year-old Terry Joe Sedlacek. Sedlacek’s mother said Lyme disease attacked her son’s brain and caused the psychosis that caused him to kill the pastor and wound two others. FOX News could not immediately confirm the report. Sedlacek was reportedly taking several medications to combat Lyme disease and seizures, which nearly killed him in 2003, the paper reported.


Worth reading more of that last link,. for it certainly seems possible that Lyme's can cause psychosis. But as I say above, it's really for a jury to decide. In a way, it's like the infamous "Twinkies" defence of the man who shot Harvey Milk.

I personally am willing to agree that Lyme's "can" cause psychosis. The question is, did it, in this specific case. Just as I'm willing to believe that eating Twinkies can, well no, not be a cause of mental problems, but a symptom perhaps.

March 10, 2009 in Law | Permalink | Comments (24) | TrackBack

August 25, 2008

Lemon laws and laywers

We all know what lemons are, right? No, not the things you make lemonade from.....no I mean products that are seriously awful, things that were simply never made right?

The phrase originally comes from cars. The design might be fine, there's hundreds of thousands of others of the same model out there on the road that are fine but your particular one just keeps on breaking down. One thing after another....right, that's a lemon.

There's actually one economist who won the Nobel Prize for pointing out the problems such lemons have in markets...

Anyway, lemons really do cause big problems so there's a whole series of laws detailing what you can do about having ended up with such a terrible product. Unfortunately, they're not simple laws. That's why you might want to have a look over here at this collection of Lemon Law information. It's a very handy site, telling you what you need to know about how you can protect yourself and how to use the law to do so.

Of course, there's information on California Lemon Laws as that'swhere the whole movement started but there's also details of Lemon Law statutes by state and that's important because they do vary widely from state to state.

Well worth having a look through and seeing how the law has been drafted to help you.

August 25, 2008 in Law | Permalink | Comments (0) | TrackBack

July 24, 2008

Andrew Giuliani

Andrew Giuliani, son of the former New York mayor, Rudy is suing Duke University for being kicked off the golf team.

Andrew is an aspiring pro who was recruited to Duke by the former coach, Rod Myers who died last year.  The new coach Daniel "O.D." Vincent III has dropped Giuliani from the team on what Giuliani says are a set of trumphed up allegations.  Vincent allegedly stated that Andrew could only rejoin the team if the rest of the players lobbied for him, a scheme the lawsuit likened to "Lord of the Flies."

Guliani contends that Vincent's aim when becoming head coach was to shrink the team. He is now suing the coach and Duke University for amongst other things breach of contract.

Andrew chose Duke after meeting the previous coach and visiting the University's facilities.

Fore! Andrew Giuliani Swings Away, Sues Duke Golf Team
Wall Street Journal Blogs, NY
Andrew Giuliani speaks with Tiger Woods at the Westchester Country Club during the 2001 Buick Classic. Woods played with Andrew during the Pro-Am tournament ...

Giuliani's son sues Duke over golf team dismissal
The Associated Press
Andrew Giuliani, a 22-year-old rising senior, contends he had dreams of becoming a professional golfer and was dismissed without cause from the golf team in ...

Giuliani's son kicked off team, sues Duke
Charlotte Observer, NC
Andrew Giuliani, son of former New York Mayor Rudy Giuliani, has sued Duke University, saying the school breached a $200000 contract with him by kicking him ...

Andrew Giuliani sues Duke University, coach over golf team dismissal
New York Daily News, NY
Andrew Giuliani is taking a swing at Duke University after being kicked off the school's golf team. Giuliani, son of former mayor Rudolph Giuliani and ...

RUDY GIULIANI'S SON SUES DUKE AFTER BEING KICKED OFF GOLF TEAM
New York Post, NY
Rudy Giuliani's son is suing Duke University and the men's golf coach after being kicked off the team, according to reports. Andrew Giuliani, a senior, ...

July 24, 2008 in Law | Permalink | Comments (0) | TrackBack

June 12, 2008

Katherine Patrick - Gay And Proud Of It

In the words of another blogger at Pams House, Katherine Patrick has kicked open the closet door, and quite rightly.

The youngest daughter of Massachusetts Gov. Deval Patrick, she has made her sexual orientation public in an interview with her father in Bay Windows, a weekly Boston newspaper aimed at the gay, lesbian, bisexual and transgendered community.

Eflux Media has this.

The 18-year-old who attended St. Andrew's School in Delaware and is planning to attend Smith College in the fall told her parents that she was gay on July 3, 2007, nearly three weeks after the Legislature voted to kill a proposed anti-gay marriage amendment to the state constitution.

Patrick responded by saying he was proud of his daughter and also said they will take part in the march in Boston's gay pride parade scheduled for Saturday.

I think it is great, the only way law makers can understand the issues is if they affect them personally, but the Governor had no idea before the lawmakers voted to kill a proposal to outlaw gay marriage.

Pams House had this to say.

What a shining example of quiet activism. Even though Ms. Patrick is not a high-profile figure with the stature of, say, Anderson Cooper, she realizes the power of what coming out means to so many others out there. We change hearts and minds of those around us by just living openly.

And also posted this.

Parents, Families and Friends of Lesbians and Gays (PFLAG) today applauded a groundbreaking interview, in Bay Windows newspaper, in which Katherine Patrick, daughter of Massachusetts Governor Deval Patrick, talks openly for the first time about being the lesbian daughter of one of America's most pro-lesbian, gay, bisexual and transgender (LGBT) leaders.

..."All of us at PFLAG congratulate Governor and Mrs. Patrick as they embrace their daughter and celebrate their family's love," said PFLAG national president John R. Cepek, who is the father of a gay son. "The Patricks embody the perfect combination of leadership and love and are role models not only for parents in Massachusetts, but for families across the country.  Long before he knew he had a lesbian daughter, Governor Patrick was a leader on LGBT issues.  He has set a policy and parental example that every father, and every elected leader, should aspire to follow."

June 12, 2008 in Law | Permalink | Comments (0) | TrackBack

May 02, 2008

Sean Bell

Sean Bell's another who has been badly served by the law: this time a combination of both the law enforcement communty and the law itself.

Bell and friends were subject to a hail of at least 50 shots by police at a traffic stop. Bell died.

The police just got aquitted. Nice to know that hours before your wedding you can get killed by the cops and nothing happens to them, eh?

Friday faceoff: Acquittal in Sean Bell case promotes sense of ...
Rochester Democrat and Chronicle - Rochester,NY,USA
Sean Bell and his friends were leaving a strip club hours before his marriage, a club under surveillance by undercover police officers due to suspected ...

Bell cop attorney ripped Diallo cops
New York Daily News - New York,NY,USA
BY NICOLE BODE The lawyer for one of the cops acquitted in the Sean Bell shooting wrote a brief in 2000 urging the feds to go after the police officers who ...

New York New York – US can't point fingers
The Nation Newspaper - Bridgetown,St. Michael,Barbados
The homeowner was thinking of Nicole Bell, the woman Sean Bell, 23, was going to marry on the morning of November 25, 2006, when he was killed by cops. ...

Aftermath—Sean Bell
Amsterdam News - Baltimore,MD,USA
The initial community reaction to the police acquittals in the killing of Sean Bell on his wedding day, November 25, 2006, has been more than predictable: ...

Feds called to investigate Bell
Amsterdam News - Baltimore,MD,USA
Friday’s verdict acquitting all three NYPD officers charged in the death of Sean Bell has prompted some governmental officials to step in. ...

Sean Bell Was Victimized Twice
Black Star News - New York,NY,USA
By Tony Richards Quick, what are the first and last names of the three officers acquitted in the killing of Sean Bell? I’ll give you a few seconds… Give up? ...

Reaction to Bell verdict
Amsterdam News - Baltimore,MD,USA
by HERB BOYD Reaction to the acquittal of the detectives in the shooting death of Sean Bell and the wounding of his friends has been as widespread as it has ...

Ya Heard: Bell verdict stuns hip-hop community
Inside NoVA - Prince William,VA,USA
The hip-hop community has been shaken to its core in the wake of last week's "not guilty" verdict in the Sean Bell case. Among other charges, two of the ...

US Reps Meet With Bell Entourage
Queens Chronicle - Rego Park,NY,USA
by Matt Hampton, Editor Family and friends of Sean Bell met with a group of federal legislators on Monday to determine the next step in what they think ...

Sean Bell Protesters Clog Midtown During Rally
WCBS-TV New York - NY,USA
NEW YORK (CBS) ― Protesters angry over the acquittal of three detectives in the shooting of Sean Bell are planning more demonstrations after a large ...

Remember the Sean Bell shooting? 50 bullets? Ya, cops are innocent
 By Delete France
[quote user="Nory"]. Delete France: Because there were by far more then 10 rounds let off before the threat has been eliminated. When one person is on the ground incapacitated....the threat is done, no need to keep shooting. ...
USPolitics - http://forums.myspace.com/73.aspx?fuseaction=forums.viewforum

The Game Calls Out NYers Over Sean Bell Verdict
 By Mr Xclusive
The Game's hard-hitting track, "911 Is A Joke," has been widely circulating the net over last few days, recorded in direct response to the recent Sean Bell verdict. The controversial West Coast rapper hit the airwaves yesterday (April ...
All In One Forum - http://www.allinoneforum.com

David Banner Sounds Off On Sean Bell, Bush, Black Leaders & More!
 By Mr Xclusive
It doesn’t seem like the Sean Bell situation is going away quietly. While the internet has been lit ablaze with frustrated bloggers, journalists and artists, David Banner was the latest to air out his frustrations with not only the ...
All In One Forum - http://www.allinoneforum.com

Sean Bell’s Family Receives Harassing Phone Calls Following ...
 By divawidfevah
For some it seems as though it’s not enough that William & Valerie Bell had to bury their beloved son at the ripe age of 23; or that Bell’s fiance’ Nicole Paultre-Bell wound up planning her future husband’s funeral on what should have ...
HicktownPress - http://www.hicktownpress.com

On The Radio: Sean Bell and Other Things
 By jsmooth@hiphopmusic.com (Jay Smooth)
Will get back on the video grind in a minute, but in the meantime here are some clips from the radio show, me and my co-host G Man yapping at length about the Sean Bell verdict and other issues.. plus (the good part) a bunch of music ...
Ill Doctrine - http://www.illdoctrine.com/

Sean Bell Verdict (Breaking News) | New York City Metblogs
All detectives were judged Not Guilty in the death of the Sean Bell case. This was    decided in Kew Gardens Queens just moments ago. More to come as it is.

May 2, 2008 in Law | Permalink | Comments (0) | TrackBack

March 06, 2008

Airborne Lawsuit

The Airborne lawsuit has now been settled. It's worth, if you took the Airborne drug, checking the details of the lawsuit settlement to see if you might be affected.

Cold Remedy Airborne Lawsuit Settled to the Tune of $23 Million
Gay Wired - Los Angeles,CA,USA
Though the makers of Airborne claim no fault or illegal conduct, as part of the settlement of a class action lawsuit for false advertising, the company has ...
See all stories on this topic

Airborne Lawsuit & Rising Drug Costs
WBTV - Charlotte,NC,USA
If you've ever taken Airborne to get rid of a cold, you might have some cash coming to you after a class-action lawsuit. The herbal supplement company that ...
See all stories on this topic

Airborne Class Action Lawsuit Results in $23 Million Settlement
TransWorldNews (press release) - Monroe,GA,USA
Airborne lawsuit as well as the Airborne settlement have caused the company to refund money back to customers who believed the product worked for them. ...
See all stories on this topic

Airborne Lawsuit Settlement: 23.3 Million for False Advertising
HULIQ - Hickory,NC,USA
First let's look at the current status of Airborne settlement. Settlement has been proposed in a class action lawsuit that alleges that Airborne Health, ...
See all stories on this topic

Airborne settles lawsuit
CNNMoney.com - USA
Airborne Inc., Airborne Health Inc. and Knight-McDowell Labs are among the defendants in the class action lawsuit, filed in the Central District of ...
See all stories on this topic

Cold Remedy Airborne Settles Lawsuit
NewsChannel5.com - Nashville,TN,USA
Marcie Tickner, a college student, doesn't get onboard without Airborne. "I feel get sick a lot of time when I travel so I just keep it with me and take it ...
See all stories on this topic

Cold Remedy Airborne Settles Lawsuit
About - News & Issues - New York,NY,USA
... of Airborne, a popular natural cold remedy, have agreed to refund money to consumers as part of a $23.3 million settlement of a class-action lawsuit for ...
See all stories on this topic

Airborne Settles False Advertising Lawsuit
E Canada Now - Brantford,Ontario,Canada
Boston (eCanadaNow) - Airborne has settled a false advertising lawsuit worth over $23 million. The company has agreed to pay out refunds to any consumers ...
See all stories on this topic

Airborne Settles False Advertising Lawsuit, Pays Out Refunds
dBTechno - Boston,MA,USA
Washington (dbTechno) - The makers of Airborne have settled a $23.3 million lawsuit, which included false advertising charges against the company. ...
See all stories on this topic

Airborne Health Inc. Coughs Up $23.3 Million in Class Action Lawsuit
Associated Content - Denver,CO,USA
Airborne Health Inc. has reached a $23.3 million settlement in a class action lawsuit against the company. The lawsuit claimed the company committed false ...
See all stories on this topic


Airborne: thoughts of how the company is dealing with the false ...
 By Eileen Chang
For many, Airborne was the answer. In 2006, an ABC report sparked a lawsuit against Airborne on false advertising. Today, media are reporting that a $23.3 million settlement for refunding consumers has been made. ...
Eileen Chang PR Blog & Portfolio - http://eileenchang.wordpress.com

Airborne will reimburse you for being gullible
 By pax arcana
airborne.jpg While they stopped short of copping to selling cheery tubes of snake oil pills, the makers of popular “anti-cold” herbal supplement Airborne have agreed to settle a class-action false advertising lawsuit for $23 million. ...
- http://paxarcana.wordpress.com

Airborne, I’m Ashamed To Have Ever Bought You
 By J - NYU
The makers of the popular take-it-and-you-won’t-get-sick tablet have recently settled a class-action lawsuit for $23.3 million, a lawsuit which claims that despite Airborne’s compelling advertising campaign, “There’s no credible ...
College Candy - http://www.collegecandy.com

Week 7 Top News
 By Toni
This week, herbal supplement company Airborne has agreed to pay $23 million to settle a class-action lawsuit. According to the lawsuit, Airborne is guilty of false advertising, putting out ads and press releases stating that it can ...
Toni's Journalism 61 Blog - http://j61toni.wordpress.com

So Airborne doesn't really work. Want a refund?
 By Justin Glow
But now, thanks to a class-action lawsuit, you can get a refund on your Airborne purchases IF you've kept your proof of purchase. And I know you've got all of your Airborne receipts lying around the apartment just waiting for this day. ...
Gadling - http://www.gadling.com

March 6, 2008 in Law | Permalink | Comments (0) | TrackBack

September 19, 2007

That Old Roman Law Thing

Just a gentle reminder:

"The Maestro's wishes in the first will have been respected and we have no problem with how that has been attributed. However this did not cover the American estate and the three daughters from his first marriage are entitled to a share of this."

There's a huge difference between Continental (ie Roman) law and Anglo-Saxon. In the latter system, those assets that you've built up in your life are yours, to be disposed of upon your death as you see fit. Sure, the taxman will get a cut, but you can leave it to the dogs home, your mistress or your children, your choice.  The Continental system states that a certain portion must be given to your children. In short, that what is yours is not, in fact, yours, and must be disposed of as the State insists.

Gonna be interesting when the EU tries to harmonize that, isn't it? (A rumour I've heard says that they're going to try, too.)

September 19, 2007 in Law | Permalink | Comments (5) | TrackBack

September 12, 2007

Now What's a Good Liberal To Do?

Interesting little moral conundrum here.

The family of General Francisco Franco is facing legal action for refusing to co-operate with plans to open one of the former dictator's homes to the public.

The fascist leader traditionally escaped the suffocating heat of Madrid in August by decamping to the Pazo de Meirás, a rural estate near the town of Sada in the north-western region of Galicia.

It was "donated" to him by the state at the end of the Spanish Civil War.

I think we know what "donated" means here?

The stand-off has left a sour taste in the mouths of local residents, many of whom descend from those forcibly evicted from their homes when they came under the Generalisimo's control in 1938.

Right. However:

But the regional government now wants the estate recognised as a place of "historical and cultural value", a status that would ensure it is properly looked after and opened to the public at least four days of every month.

The measure was approved by a vote early this year but officials have been denied access consistently by the family, who claim such a move is an invasion of their privacy.

So, from this report we appear to have a legal system in which if you have a nice house the local council can insist that you open it up four days a month and let the general public wander through it.

The conundrum of course is that the latter is clearly illiberal. But then so was the original taking of the property. But, then again, so have been most of the acquisitions of land and property throughout history. At some point a line needs to be drawn and, OK, yes, he thieved and murdered to get it but it's now 700 years, 300, 50, whatever later, and for society to continue to have property rights at all we've got to ignore that.

So how many years is it?

September 12, 2007 in Law | Permalink | Comments (5) | TrackBack

September 08, 2007

Iranian Damages

Hmm, not sure quite how much this is going to mean:

Iran must pay $2.65 billion (£130.10 million) to the family members of the 241 US servicemen killed in the 1983 bombing of the US Marine barracks in Beirut, an American judge has ruled, calling it the largest-ever such judgment against another country.

Iran has been blamed for supporting the militant group Hezbollah, which carried out the suicide bombing in Beirut. It was the worst terrorist act against American targets until the attacks of Sept 11, 2001.

...

The ruling allows nearly 1,000 family members and estates to try to collect Iranian assets from various sources around the world.

...

Iran has denied responsibility for the attack. The nation did not respond to the six-year-old lawsuit and was represented only by an empty table.

So what they've got to do is identify and then sue to confiscate, Iranian government owned assets. Given that the Iranians were not represented I'm not sure how much weight other legal systems will put on the ruling. So they're pretty much limited to those already in US jurisdiction. Which I would suggest is really not very much at all. Maybe the odd jetliner of the national carrier but anything else?

September 8, 2007 in Law | Permalink | Comments (3) | TrackBack