Understand Your Rights. Solve Your Legal Problems
Citing the challenge posed by the ongoing coronavirus pandemic, courts across the US announced that they would be postponing proceedings for the immediate future.
As of Monday, the New York state court system put all nonessential proceedings on hold, though it announced that ongoing trials and arraignments would continue.
New Jersey also announced a two-week suspension of new trials and municipal courts. California’s Contra Costa and Samoa Counties declared a similar two-week closure of most courts.
Perhaps most notably, for the first time in 102 years, the US Supreme Court has also postponed its hearings for two weeks – a period in which it was scheduled to hear a number of high-profile cases, including a legal challenge to obtain President Trump’s tax records and another to determine the extent to which religious employers can claim to be exempt from anti-discrimination laws.
Late on Monday, the Social Security Administration also announced that it would be suspending in-person interviews, including hearings, following calls from judges to prioritise the health of the potentially vulnerable participants.
Despite these significant closures, immigration courts have continued to conduct in-person hearings, drawing condemnation from ICE union workers and the National Association of Immigration Judges.
Hunters Law explores what this unique case could mean for judicial precedent.
Whilst reporting in criminal cases has always been a central tenet of our free press, until recently the opposite was true in our family courts. This is particularly so where sensitive children related issues, such as those raised in the Sheikh’s case, were under consideration. However, there is an increasing move towards transparency to facilitate a broader public understanding of how the family courts operate. In some cases, such as this, publicising elements of the case will also be considered to be in the children's interests.
The case related to the 8 and 12 year old children of Sheikh Mohammed bin Rashid al Maktoum, the Ruler of the Emirate of Dubai and his former wife, Princess Haya Bint al-Hussein. The mother had brought the children to the UK in April 2019 and the father had subsequently commenced proceedings seeking their return to Dubai.
Cases to determine arrangements for children are heard in private, but accredited media representatives are generally permitted to attend. However, the media is only permitted to report very limited information in respect of these cases, and in particular may not identify the child directly or indirectly, unless they successfully apply to lift the restrictions, which is what happened in this case.
There is an increasing move towards transparency to facilitate a broader public understanding of how the family courts operate.
The press asked the court to make public the judgments setting out the court's findings, in respect of the background facts to the case. This included findings about the Sheikh's past unlawful abductions of two of his older children. The Sheikh opposed the application. The application was, however, supported by the children's mother, and by the guardian appointed to represent the children's interests.
In deciding whether to lift reporting restrictions, a judge must balance the family's right to a private family life, and the journalists’ right to freedom of expression, including their ability to report on family law cases in the public interest. Whilst the children's best interests are a primary consideration, they are not, in contrast to decisions made in respect of arrangements for children, the court's paramount consideration.
In this case, the media argued that the right to freedom of expression should prevail, as there was a public interest in publicising the court's findings about the Sheikh's conduct towards his two older daughters, and also in promoting public understanding about the court's role in determining the future of the two younger children.
The parents, unsurprisingly, focused their arguments around what would be best for their children.
In Sheikh Mohammed’s case, Lord Pannick QC and Desmond Brown QC argued on his behalf that publishing the judgments would be contrary to the interests of the children, both as it would create media frenzy which would impact on them, and because it would undermine the prospects of restoring his contact with them.
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Whilst making information about children public will often be harmful to them, Princess Haya Bint al-Hussein and the children’s guardian successfully argued that in this case publication would be in the children’s interests, as it would put the record straight about the Sheikh's behaviour. The children's guardian had noted that the Sheikh's dissemination of a "distorted narrative" of events was causing the mother "clear and stark psychological, social and emotional pressure", which was in turn having a direct impact on the welfare of the children, and that they would benefit from an established narrative of their family history.
In approving the decision to make the judgments public, the Court of Appeal made clear how unusual this case was. There was already significant information about the family in the public arena, and the mother and guardian agreed that publication would benefit the children.
Whilst this particular case was strongly influenced by the children's interests, it nevertheless comes at an interesting time for the family justice system, which has come under increasing pressure over its "secret" nature. In an effort to address this, since beginning of his tenure as President of the Family Division of the High Court, Sir Andrew McFarlane has announced a Transparency Review and issued two pieces of guidance on the subject in an attempt to reduce mistrust in the family justice system, due to a lack of transparency. Whilst cases concerning financial arrangements on divorce are increasingly being made public, this does however remain unusual for cases relating to children. Parents should not fear that personal family matters will routinely be made public where the court has been asked to resolve arrangements for children.
The legal consequences of drug crimes vary from state to state, but there are also federal criminal charges that can be levied against offenders. Many drugs originate in other countries and are placed in the stream of interstate commerce. Consequently, charges are often adjudicated at the federal level. Some examples of federal drug charges include possession, manufacturing, selling, possession with the intent to distribute, and drug trafficking. Federal law 21 U.S. Code § 841, the Controlled Substances Act (the “CSA”), enumerates and proscribes federal drug crime charges. Individual states, however, have their own statutes punishing drug crimes and their own sentencing guidelines to determine punishment. The severity of punishment increases where there are drug-related deaths. The CSA places drugs into five different categories, which range from Schedule I to Schedule V drugs. Schedule I includes only illegal drugs — drugs that have no medical use — while Schedules II-V include prescription drugs that are required to be used in a regulated manner.
A federal drug crime is an offense that is punishable under federal law and includes incidents that occur within the special maritime and territorial jurisdiction of the United States. Most drug crimes are punishable at both the federal and state levels but only the more serious incidents of drug manufacturing or possession of large amounts of drugs are prosecuted on the federal level. Federal drug charges are punishable by federal law under the sentencing code developed by the United States Sentencing Commission. The following depicts the punishment zones with increasing penalties as they clime from Zone A to Zone D, to wit:
There are 43 levels of offense, with more serious drug charges resulting in higher-level offenses. For example, manufacturing, importing, exporting, or possession with intent to engage in conspiracy result in base offense levels of 21, 26, 30, 38 or 43 respectively. Federal law punishment for the possession, manufacture, or distribution of 100 grams or more of a mixture or substance containing a detectable amount of heroin is not less than five years to not more than 40 years. Whereas it would take 100 kilograms of marijuana to wind up in the same sentencing range of not less than five years to not more than 40 years. If you are charged with a federal drug crime, you should contact a qualified federal criminal defense attorney immediately.
As was previously mentioned, every state has their own drug statutes and sentencing guidelines. For instance, in California, state drug crime is regulated by the California Health and Safety Code Division 10, Chapter 6 (the “Uniform Controlled Substances Act”). The Uniform Controlled Substances Act punishes possession of more than 28.5 grams of marijuana by incarceration up to six months and up to $500 or both. Penalties for possession and sale of cocaine range from two to four years. Penalties for possession of heroin range from two to four years. Qualifying prior convictions may add up to three years per conviction to the term provided for in the original conviction.
Whether you have been charged at the state or federal level, if you’ve been arrested for a drug crime, you need to contact a qualified criminal defense lawyer immediately.
As coronavirus quickly develops from a local to a global threat, there are also increasing commercial concerns in relation to the ability of parties to perform contracts. In particular, the coronavirus outbreak is an illustration of the legal principles of force majeure and frustration which can, in the correct circumstances, excuse a party’s non-performance and/or lead to the early termination of a contract. Accordingly, does the coronavirus constitute force majeure or a frustrating event which will protect the affected party from a claim for damages?
John Warchus, Partner at Moore Blatch Solicitors, explains the circumstances in which an affected party may not be held legally liable for an unperformed contract.
This defence can only arise if there is an express force majeure clause in place. If the force majeure clause refers expressly to “epidemics” or “diseases””, there is a reasonable chance that the virus will be seen as a qualifying force majeure event. Even if such wording is not present, many force majeure clauses refer to any circumstances beyond a party’s reasonable control and so it may also be possible to show that coronavirus should be seen as a force majeure event. Some commentators have suggested that given the outbreak of SARS a few years ago, it is arguable that the current coronavirus outbreak could be seen as foreseeable and therefore not a force majeure event, unless epidemic or disease is expressly mentioned.
In order for a party to rely on force majeure, it will need to show that:
If there is no force majeure clause, then the only way an affected party can avoid legal liability is through the legal concept of frustration. This requires a party to show that it is either physically or commercially impossible to perform a contract due to a supervening event that has occurred since the contract was concluded through no fault of the affected party.
The concept of frustration needs to be distinguished from force majeure:
Unfortunately, the case law on frustration is not as clear-cut as it could be. For example, although some cases refer to “commercial impossibility” of performing a contract as being sufficient to show that frustration has occurred, other case law makes it very clear that simply because obligations become more expensive (and even uneconomic) to perform, this is not sufficient for frustration. The courts in recent years have suggested that obligations need to become “radically different” after the relevant supervening effect for frustration to apply and so there is still room for debate as to exactly when performance moves from being more onerous to “radically different” or impossible.
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In determining whether or not frustration has taken place, the court often has to undertake a complex assessment of all relevant circumstances, including:
Before a party asserts that it is entitled to claim force majeure or frustration, it needs to have a detailed understanding of all the background facts and details of the contract. Otherwise, an assertion of force majeure or frustration could be wrong with the result that the party making the claim is itself in breach of the contract, entitling the other party to terminate and claim damages arising as a result of that breach.
Accidents causing you bodily harm can occur anywhere from the workplace to the street, but what can you do in this situation if your livelihood is at stake? If you have been seriously injured due to someone else’s carelessness or negligence, you have the opportunity to take them to court to sue for damages. The best way to start this process is to go and consult a personal injury lawyer who can professionally handle the case and help get you the compensation you deserve. When selecting the right lawyer you first need to get one who specialises in the type of injury you endured. These kinds of lawyers have an excellent knowledge of personal injury law so they can provide expert consultation before deciding if you want to take the case to court. They can also help you get compensation through mediation instead of the lengthy court process. However, if this doesn’t work out they can take your case to court and give you a better chance of winning the case.
I’m sure you have seen plenty of posters on buses advertising lawyers that specialize in car accident injuries, this is just one type of lawyer who can get the job done properly. Many lawyers will take up a specific type of case as their area of expertise so that they can be more proficient in winning these types of disputes, this is the same for a personal injury lawyer. If you work in a factory and an unsafe machine press broke your arm causing you to seek expensive medical attention and loss of income from taking time off work you should go consult a lawyer that specialises in industrial injuries. Similarly, if you worked for a while as a chemical worker and you got a disease due to being exposed to hazardous chemicals due to employer’s negligence you should consult a lawyer who specializes in industrial disease cases. These lawyers can even specialise in psychological injuries, so if you have experienced harmful psychological or neurological trauma due to someone’s intent or even carelessness you should consult one of these attorneys. Selecting the right type of specialist will greatly increase your odds of winning the case and getting your life back on track.
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As previously discussed, specialist lawyers have a higher level of expertise in specific types of injuries so they are excellent at giving advice and explaining your rights before taking your case to court. If you are injured, you first have to find out if you have a case against the person who caused you harm, a personal injury lawyer can help determine this. If the lawyer determines that you don’t have a case to sue someone for negligence this could save you time and money that could be lost if you go to court. They could also assist you if your insurance company rejects your injury claim unjustly and if you have a case against them, they have an impeccable way of getting you the money you deserve.
Selecting the right type of specialist will greatly increase your odds of winning the case and getting your life back on track.
In fact, most personal injury cases are settled through a mediated settlement and don’t actually go to court. Having a good lawyer is the key to getting the most money out of a settlement as their knowledge of the law and negotiation skills can put the defendant’s lawyer in checkmate. If the mediation doesn’t end up the way you wanted, your lawyer will then represent you in the courtroom. Because of their deep knowledge of your specific type of injury, they will know exactly which cases to reference and laws to evoke to make your case compelling. When it comes to the courtroom you don’t ever want a dodgy lawyer, so if you want to get the most out of your lawsuit you should aim for the best lawyer you can afford, when you receive your compensation, you’ll be glad you invested.
Personal injury lawyers can be the critical factor in getting the compensation for an injury you deserve because they have the proper expertise to get you what you need. They can provide you with initial consultations so you can know if you have a case to file a lawsuit. They can also help you get a settlement through mediation, but if that doesn’t work out they have the right arsenal to win you the court case. When looking for the right lawyer always aim for quality over cost, you’ll certainly get your investment back.
On Monday, the Australian Information Commissioner filed a lawsuit against Facebook for allegedly violating its privacy laws, with requested damages that are estimated to be as high as $529 billion.
The accusation stems from the 2018 Cambridge Analytica data breach scandal, where the social media giant allowed the personal information of approximately 50 million users – including 311,127 Australians – to be disclosed to Cambridge Analytica, a US-based political data firm that worked with the Trump campaign during his 2016 Presidential election.
The maximum penalty for a digital privacy violation is $1.7 million under Australian law, resulting in the unprecedented sum of $529 billion potentially being sought as damages on behalf of the 311,127 affected Australian citizens.
“Facebook’s default settings facilitated the disclosure of personal information, including sensitive information, at the expense of privacy,” Australian Information Commissioner Angelene Falk said in a statement.
“We claim these actions left the personal data of around 311,127 Australian Facebook users exposed to be sold and used for purposes including political profiling, well outside users’ expectations.”
Facebook has already been forced to pay a comparatively small $5 billion fine to the US government for its role in the Cambridge Analytica data breach, the largest fine ever imposed by the Federal Trade Commission.
Speaking to TechCrunch, a Facebook spokesperson said that the company had already made changes to the platform following the 2018 scandal, adding: “We’re unable to comment further as this is now before the Federal Court.”
In the hours and days after being injured in a car accident that someone else caused, you will likely be experiencing a variety of overwhelming concerns and worries about how you are going to be able to move forward from this frustrating situation. How will you be able to keep your income steady while recovering? How long will you be incapacitated? Who is going to cover all of the costs that keep popping up? Most likely, you will be filing a claim with the other driver’s insurance company as soon as possible, at which point you will have a claims adjuster assigned to your case.
The insurance adjuster will spend the next days or weeks investigating your case and ultimately determining how much the insurance company will offer you for a settlement. More often than not, the offer that an insurance company ultimately makes to a victim of an accident is a pittance compared to the amount that the victim rightfully deserves. The insurance adjuster spends their time investigating every possible reason to reduce your settlement amount, which is why you should have your own support. Consider how one-sided this investigation process can be—there is someone working full-time on behalf of the insurance company to limit your settlement, and if you do not have help, then you will need to build your own counter-argument while you are trying to recover from your injuries.
The following is an overview of the steps you will go through after a car accident, with or without an attorney.
The first step is to notify the relevant insurance companies about the accident. You will have collected the other driver’s insurance information at the scene of the accident (if the driver was not insured, then you will file a claim with your own insurance company), and will need to submit your claim within a set amount of time. Once you file your claim, the insurance company will initiate an investigation.
Once the claims period is started, a claims adjuster will begin work on your case by investigating all relevant information. In many cases, you will need to attend an independent medical exam in order for the adjuster to verify the injuries that you are claiming to have suffered. Your attorney will likely advise that you get your own medical exam as close to the IME as possible in order to have another body of evidence to compare the “independent” doctor’s findings. Keep in mind that this doctor is contracted by the insurance company, so having an attorney guide you through the exam is a great way to ensure that you do not accidentally complicate your case.
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Once the claims investigation is concluded, the insurance company will make an initial settlement offer. While insurance companies generally like to position this offer as the maximum amount, this is nowhere near true. You or your attorney will now begin a series of negotiations with the team representing the insurance company with the hopes of reaching an agreement about a settlement that actually makes sense for your case. Your negotiations will rely on extensive research into the economic and non-economic damage amounts that you and your attorney have calculated.
If you are able to reach an agreement, then you will be able to accept your settlement amount and close this stressful chapter of your life with the financial support you deserve. If not, then you or your attorney will need to file an official complaint in court which will initiate an official lawsuit. Once filed, you will need to go through a discovery phase, undergo a deposition and gather evidence from other involved parties through sworn testimonies, and then reapproach the negotiation table.
Once the discovery phase is concluded, you will have another opportunity to negotiate with the new information that you have uncovered. If this negotiation fails, then you will need to begin to prepare for trial, where your case will be heard in front of a judge and/or jury, and the outcome of your lawsuit will be determined by someone other than you, your lawyer, and the team that you have been negotiating with up to this point.
New York has some of the highest pedestrian traffic rates in the US. With millions of people on the streets of New York City each day, it’s not surprising that pedestrian safety is a top concern. Even with strict legislation, plenty of space for walking, and awareness campaigns, there were still 121 pedestrian deaths and 28 cyclist deaths in NYC in 2019.
There are thousands of further injuries that stem from pedestrians being injured in New York bus accidents, collisions with passenger vehicles, and accidents involving cyclists. Fortunately, the city understands that need for enhanced pedestrian safety measure and have begun the “Vision Zero” project to address unsafe conditions for pedestrians and cyclist in the city.
If you have been injured in an accident (as a pedestrian), it is in your best interest to consult with top New York accident lawyers. It can be difficult to prove fault and receive fair compensation without appropriate legal representation. Learn more about pedestrian accidents below.
Of all people sharing the roadways and public spaces, pedestrians are the most vulnerable. If a motorist driving any type of vehicle strikes a pedestrian, the pedestrian is the most likely to suffer serious injuries and/or death. Listed below are pertinent pedestrian accident statistics.
New York City consistently ranks as one of the most places for pedestrians. This is mainly due to the high number of people that walk. While some pedestrian-involved traffic accidents are the fault of the pedestrian, many others are caused by negligent actions by someone driving a vehicle. Some of the most common causes of pedestrian accidents include:
Vision Zero is an initiative introduced by the Bill De Blasio Administration to curb pedestrian injuries and fatalities in traffic crashes. The project includes the addition of more bike lanes, speed reductions in dangerous areas, safety education campaigns, etc. Since the introduction of Vision Zero, pedestrian injuries and fatalities have dropped precipitously.
If you are a pedestrian that has been injured in a traffic-related accident (due to the partial or full fault of a motorist) it is your right to seek fair compensation. It is important to note, that if your injury as a result of negligence on the behalf of an MTA operated vehicle, it is in your best interest to connect with a proven New York City bus accident attorney as the claims process can be complex.
Pedestrians involved in traffic crashes typically sustain serious and sometimes life-threatening injuries. Medical costs, lost income, and decreased quality of life are all potential damages that you can recover compensation for. Working with an adept accident lawyer in New York City will offer you the best chance of receiving maximum compensation.
Just like doctors, lawyers are professionals that can also take on specialties. Often their practice is limited to a singular practice or a specific industry. Through the years, specialist law firms are becoming more popular due to more and more clients seeking legal services that can give them better results. With all the lawyers claiming that they offer the best services, how can you know which one to choose? Are specialist lawyers always the best choice? In this post, we’ll look at the pros and cons of hiring a specialist law firm to represent you.
When you work with a specialist lawyer, you get the assurance that you are working with the experts in their area of focus. Their years of experience and expertise in that field is an assurance that you will be represented well. For instance, a law firm might specialise in representing clients diagnosed with Mesothelioma. Their clients know that they can rely on the lawyers to have the knowledge necessary to represent them in trial or settlement cases involving Mesothelioma.
Specialist lawyers are known for providing personal service to their clients. Often, they spend their days following up and working on the case that they are handling. Clients will often receive updates about their cases. It is pretty common for specialist lawyers to handle only one or two clients at a time to make sure that they are giving their full attention to their clients and their needs.
There is a possibility that when you hire a generalist lawyer, they will spend more time studying your case rather than working on strategies that can help you win. In fact, most clients complain of general lawyers referring them to specialists once they feel that the case is beyond their expertise, which can lead to longer resolution time.
Specialist lawyers often have a reputation. This reputation often precedes them even before they go to court. Often, defense lawyers choose to settle and negotiate rather than go to court against a specialist lawyer. This is the ideal solution as it saves time and legal fees and can produce a fair settlement.
When you choose to work with a specialist lawyer, you have to understand that there may be longer wait times compared to working with general lawyers since, as mentioned, they only work on one or two clients at a time. To get around this, it’s wise to work with a specialist law firm that has a roster of lawyers that can help you with your case.
One of the downsides of hiring a specialist lawyer is the higher fees. Since they spent years studying to become experts in their field, they have the right to charge higher fees, especially since they spend valuable time to make sure that you get the compensation you deserve.
When choosing a lawyer, whether they may be a specialist or not, your top consideration should be how comfortable you are working with them. Then, you should also consider your budget, though you will only pay a percentage of your settlement in most personal injury cases. When hiring a lawyer, your best choice should always be the one who can get you the best outcome.
Most people don’t know anything about the basics of medical malpractice, despite the fact that it is a fairly common type of personal injury lawsuit. Many people who have a negative outcome from medical care believe that they should be able to sue the medical professional or hospital. In reality, there is a strict set of criteria required to bring a successful medical malpractice suit. A medical malpractice attorney will be able to discuss your legal rights.
In order to avoid risking a lawsuit being thrown out, it’s important to know the merits of a claim before proceeding. So, what are the key points to remember when dealing with a medical malpractice case?
Medical malpractice occurs when a hospital or medical professional causes an injury to a patient due to negligence. The negligence may be a result of an error during diagnosis, treatment, and/or aftercare. For a medical malpractice case to be successful, certain elements must be satisfied. These elements will be further discussed below.
There are three elements that are used to determine whether medical malpractice was committed. These elements are: A violation of the standard of care, an injury resulting from the negligence, and damages caused by the injury.
These three elements are necessary in order to discourage nuisance negligence claims, which are not only baseless accusations, but are also means to disrupt a medical professional’s life. To gain a better understanding of these prerequisites, we will discuss these elements a bit more.
Standards of care are defined as measures that a medical professional is expected to take in the course of caring for a patient in a particular circumstance. These treatment principles are deemed acceptable by medical experts in their respective fields and are what is recommended by medical training. To veer from these medical standards, as is the case with negligent behavior, puts the patient at significant risk of injury.
The injury done to the claimant must have been a direct and correlated result of the act of negligence. The claimant must prove that the injury was a result of the violation of the standards of care. If the injury was not caused by the negligent act, there shall be no case against the medical professional.
Finally, the claimant must prove that the injury caused loss of income, disability, extreme pain, or significant medical bills. The reason for this is to ensure that the pursuit of the case does not cost more than what the claimant needs as compensation. After all, lawsuits are expensive.
If you, or someone you know, suspects that you’ve been a victim of medical malpractice, it’s important to get in touch with a medical malpractice lawyer as soon as possible. A medical malpractice lawyer is going to be able to review the facts of the case as well as its viability. This will help you determine the best course of action to take.
