Credit Card Fraud: Who’s Legally Responsible?

Sunday, December 27th, 2009

Every year, credit card fraud costs the banking, retail, and service industries billions of dollars. In the United States, it is estimated that on average, 7 cents per $100 in transactions is fraudulent. In other countries, that amount is reportedly even higher.

Who Pays For It?
In the United States, federal law dictates that a credit card holder cannot be held responsible for more than $50, regardless of how much is charged. If unauthorized charges occur after you report your card lost or stolen, you are not responsible for any amount.

Although credit card companies can technically hold you liable for the first $50 in disputed charges, they rarely do. Nowadays most banks use “$0 fraud liability” as a marketing strategy. The American Express Platinum card and Centurion black card were some of the first to offer this as a benefit, but now all American Express cards do the same, as well as most other major banks.

Therefore, the financial institutions that issue and underwrite credit cards are almost entirely responsible for the cost of fraud.

Is Identification Required For Purchase?
Although many merchants ask for photo identification when processing a credit card purchase, they are not required to do so. In fact, Visa, MasterCard, American Express, and Discover actually have policies which discourage asking for ID. Instead, they state all that’s needed is the cardholder’s signature. Many favor this practice; claiming it makes transactions easier and faster. Meanwhile, others wish that photo IDs were required, in order to discourage unauthorized credit card usage.

Tags: american express platinum card, credit card fraud
Posted in Banking and Investment Law, Credit Cards | Comments Off

Credit Cards Move Away From Forced Arbitration

Sunday, December 27th, 2009

Most consumers are unaware of the fact that they’ve given up the right to sue their credit card company. Instead, nearly every credit card agreement imposes forced arbitration in the event a dispute arises.

The financial institutions claim doing so cut costs, but consumer advocacy groups argue that it is unfair to customers. “Customers come to our message board all the time talking about how they are going to sue, but they’re left shell-shocked when they discover the truth” says Jennifer Holter, editor at Credit Card Forum (a message board for credit card reviews).

In what is being hailed as a major win for consumers, a number of banks have dropped their mandatory arbitration clauses during the past few months; Bank of America, Chase, and Capitol One. Although they largely claim the moves are voluntary, in reality it is probably from the pressure of a pending class action lawsuit filed by Philadelphia-based Berger & Montague. The suit alleges that credit card companies unlawfully colluded on arbitration terms. There are still four defendants listed in the lawsuit who have not yet settled; The National Arbitration Forum, Discover Financial Services, Citibank, and HSBC.

It’s important to note the credit card issuers whom have dropped their arbitration clauses may re-impose them in future. Reportedly, Capital One and Bank of America have only agreed to do so for three-and-a-half-years. None of the defendants who have settled admit liability or wrongdoing.

Tags: arbitration, banking law, credit card forum, Credit Cards
Posted in Banking and Investment Law, Credit Cards | Comments Off

Divorce Law and Annulment

Wednesday, December 23rd, 2009

An annulment is different than a divorce in that it legally makes a marriage null and void. An annulled marriage is considered to have never existed. There are two types of annulment, legal annulment and religious annulment.

Legal Annulment

In order to have an annulment, it must be shown that the marriage was never valid to begin with. Some common reasons a marriage can be invalidated are:

• One spouse was under the legal age to get married at the time of the marriage
• One spouse suffers from mental illness, or was under the effects of alcohol or drugs at the time of the marriage
• One spouse was already married to someone else at the time of the marriage
• One spouse withheld important facts, such as a desire not to have children, inability to have children or having a serious illness
• The marriage was never consummated
• The marriage was between two people that are too closely related to be legally married, such as a parent and a child or aunt and a nephew

Religious Annulment

Religious annulments have nothing to do with legal annulments. They are granted by your religious institution, not your state. In some cases people obtain a divorce, and are later granted a religious annulment. Religious annulment requirements vary with each religion.

Differences Between Divorce and Annulment

The process of an annulment is very similar to a divorce. Similar papers must be filed and similar hearings are held. An annulment can usually be finalized much more quickly than a divorce. While annulments usually apply to short marriages, the duration of the marriage is not a factor in determining if an annulment is an option. For example, if two people were married for 30 years, but one of them was married to someone else first, it would qualify for annulment.

Because an annulment essentially means the marriage never existed, unlike with a divorce, there can be no claims for alimony or spousal support. Any children that were conceived during a marriage that was later annulled are considered legitimate children and child support, health care and visitation must still be determined for them. Some states are reluctant to grant an annulment for marriages that had children.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about divorce law.

Legal Information: Long Island Divorce Lawyer Elan Wurtzel. Serving clients throughout New York.

Tags: alimony, Divorce Law, legal annulment, long island divorce attorney
Posted in Divorce, Divorce Law, Uncategorized | No Comments »

Medical Malpractice Information

Wednesday, December 23rd, 2009

Hospitals have a responsibility to ensure that any staff they employ are properly vetted. Checks on qualifications ensure that any person dealing with you are trained to specific standards, including ethical requirements. Pharmaceuticals companies have a legal right to divulge any possible side-effects or other warnings on any particular medication to physicians.

If you feel you have possibly been a victim of medical malpractice it is usually in your best interests to hire a lawyer who specializes in medical malpractice. Most people and agencies involved in medicine have highly trained lawyers at their disposal who know all the ins and outs of this specialized field.

Many people who try to sue for medical malpractice find themselves faced with scenarios such as the following:

• The patient caused their own harm
• The patient signed an informed consent form and so assumed the risk
• The patient failed to disclose information that may have led to a different diagnoses or treatment.
• The patient failed to mitigate or made their own condition worse
• The patient’s condition was not made worse

The truth is that entering into a medical malpractice suit can be costly and stressful. If you feel you have a valid case it is important to have good backing from lawyers who fully understand the legalities and processes involved. This could well make the difference between you winning a case you know you should or losing.

This article is not intended as legal advice.

Legal Source: Medical Malpractice Lawyers The Barber Law Firm. Serving in Dallas, Texas.

Please also note that if you are victim of medical malpractice and you are looking for more on medical negligence visit Irwin Mitchell solicitors.

Tags: medical malpractice lawyer, victim of medical malpractice
Posted in Injury, Medical Malpractice, Uncategorized | No Comments »

Determining Liability in Slip and Fall Accidents

Wednesday, December 23rd, 2009

How to Determine Liability

Not all slip and fall accidents are the fault of the property owner. Sometimes, a victim is merely clumsy or careless, and the injuries are his own responsibility. Determining liability in a slip and fall accident is not always east to do, which is why it is good to hire a personal injury attorney to help you with your case. Some factors to be considered include:

· If the owner of the property created the hazardous area that caused the fall

· If the owner know the danger and did nothing to repair it

· If the hazardous area was a result of negligence on the part of the owner (in other words, the owner was not paying enough attention to his property to know a danger existed)

When the cause of the slip and fall accident can be traced back to the property owner, the victim may be entitled to a number of benefits. The responsible party may have to pay medical bills, rehabilitation costs and even make up lost wages. If you have been injured in a slip and fall accident, seek medical attention first. Then, contact a personal injury attorney who can assess liability for the accident and get you necessary compensation for your injuries if it is warranted.

This article should not be misconstrued as legal advice.

Additional Website: The Florida Law Offices of Gary R. Jodat. Serving in Bradenton and Sarasota, FL.

Also please note that if you or anyone else had an accident at work and you are looking for more on work accidents claims visit theaccidentsatworksite.com.

Tags: florida personal injury attorney, premise liability, slip and fall accident
Posted in Legal Liability | No Comments »

Clinics starting to help people to be represented in the court

Monday, December 14th, 2009

Zina Butler is one of those people who did not know where to go when some of the county housing officers together with the sheriff and landlord came to her small and subsidized apartment approx. 2 years ago without providing and kind of advance notice.

Butler who is 46 said that she wanted to file lawsuit in which as she explained her Fourth Amendment right was violated. This Fourth Amendment right was supposed to prevent anyone from conducting illegal and not authorized searches and seizures.

However she was unable to find an appropriate attorney and was pretty scared of going through the legal system on her own. She then found a clinic located at the federal courthouse in the district of L.A which was providing assistance to the people who wanted to self represent themselves in the court. This was a blessing from the God, Butler indicated. If there was no clinics like these, people would just run over you, Butler added.

Tags: clinics to represent people in court, self represent in court, zina butler, zina butler case
Posted in Latest Legal News, Legal News | No Comments »

Tiger Woods entagled in a wave of legal troubles

Sunday, December 13th, 2009

Tiger Woods the famous golf player could possibly face big prostitution charges if he was involved with paying for sex in the city of New York. This was mentioned by one attorney source.

It was mentioned to the New York post that the golf billionaire has given more then 60,000 dollars to escort services between the years of 2006 and 2007. Michelle Braun sent the information to the New York post.

Tom Kenniff who is attorney based out of New York has stated that the golfer could get himself into serious legal trouble if what madame Braun has stated was true. This could result in Woods spending up to a year in jail if he was to be convicted.

Tags: prostitution, tiger woods, tiger woods legal trouble, tiger woods news
Posted in Latest Legal News | No Comments »

Mesothelioma Death Spurs $50,000 Asbestos Cleanup

Friday, December 11th, 2009

Countless lawsuits have been filed against companies who failed or neglected to implement safety measures for the safety of their workers. Many have been compensated since the first lawsuit against asbestos in 1929. A precedent has been set, so now anyone who unwittingly acquires asbestos diseases can get compensation for their hardship.

Recently a civic center building in Potsdam, New York spent $50,000 to clear it of asbestos. This was done after a long time courtroom employee Sharon LaDuke died of Mesothelioma earlier this year.

Getting Compensated for Cancer

If you win the case over your employer for Mesothelioma related cases you will be compensated. Some of the compensations you may receive include:

• Cost of past and future medical expenses
• The cost of necessary rehabilitation
• Lost past and future wages
• Lost earning capacity
• Lost quality of life
• Emotional distress
• Punitive damages
• Past and future pain and suffering

Doing Their Part

The officials in Potsdam may have done their part in clearing their courts of asbestos. However, the death of an employee may have been prevented if this was done earlier. The LaDukes are now suing the town for failing to implement a safe working environment.

They may have a long way to go but a good lawyer will surely help them a lot. They need to prove that the former Ms. LaDuke acquired Mesothelioma by unknowingly inhaling asbestos in the civic center where she works.

Justice Delayed is Justice Denied

You don’t want to wait before is too late before you act. Though we now live in an advanced era there is still no sure cure for cancer. You only have a few years to live if you are diagnosed with Mesothelioma. The next thing that you may want to do is to get justice and prevent this from happening to others.

Companies invest to secure their assets - they will usually have good lawyers to back them up. Make sure you have a lawyer good enough to defend you or the giant corporation’s top notch lawyers might just smack junk papers and documents on your lawyer’s face.

If you are dealing with mesothelioma and you are looking for more on asbestos compensation visit mesotheliomamatters.com.

Tags: asbestos cleanup, asbestos diseases, mesothelioma, ny
Posted in Mesothelioma | No Comments »

Safety Measures Failed - Mesothelioma Resulted

Thursday, December 10th, 2009

Safety measures insure the security and safety of workers. For some companies, neglecting a safety measure or policy will either increase productivity or lower the cost of labor and operations. This can be true but it comes with a consequence.

Some companies invest a fortune to provide a high standard working environment to their employees, but not all. Having a safe, fun and beautiful working space can increase the productivity and boost your employee’s morale. A company will usually in turn get better and faster results.

A Dream Job

We all have a dream job - it could be astronaut, police officer, firefighter, lawyer writer or probably an actor. But what makes that your dream job? Some may answer “because I get to earn lots of money”. If you see Google’s office in Mountain California you would want to work in that place - it looks like you could make a lot of money working there, right?

That Google office has all sorts of employee amenities to make their office a very pleasant place to work. Try searching “GOOGLE: The Best Place to Work in the World” in YouTube so that you will have an idea of what I mean.

No Choice

Not everyone has the luxury to choose where they will end up working. Some have to take their chances in a place near their residence or a dirty job that pays well above an office job. They may not have a luxurious office but they get to have a higher wage.

Their companies may diligently provide them with enough security to maintain a safe working environment. A worker in a factory, for example, needs good ventilation to avoid acquiring diseases from inhaling fumes, chemicals or even fibers that can cause a serious health condition - like Mesothelioma.

A Precious Mineral

Asbestos is almost every time the cause of Mesothelioma. Workers can be safe from asbestos if they have good ventilation or a breathing apparatus. A construction worker for example can unwittingly inhale asbestos if a mask is not readily available or if nothing was issued to them.

In this scenario the contractor or company can be liable. They failed to implement the safety measures mandated by the government. If their workers are continuously exposed to asbestos for years they will develop asbestos related diseases like Mesothelioma.

Once you are diagnosed to have Mesothelioma you may be compensated by your previous employer. All you need to do is to prove that you acquired it while you where doing your daily routine job.

Tags: asbestos, asbestos diseases, mesothelioma
Posted in Mesothelioma | No Comments »

Attorneys providing free wills to the police, fire fighters and EMTs

Wednesday, December 9th, 2009

Lawyers based in Wisconsin are starting to provide free estate planning for the people who serve in police, fire fighting and other emergency response teams. This is all part of their national “Wills for Heroes” program to which the State Bar Association just joined.

The program offers legal help in the writing legal living wills as well as offering services in the area of power-of-attorney privileges for the persons health and financial related matters.

The actual foundation called “Wills for Heroes Foundation” has initiated or started the official national based program after the terrorist attacks that occured on September 11 ‘th in 2001. The program sounds like a great initiative that will help those in the need that are fighting every day in the front lines.

Tags: free wills, legal wills, power of attorney, Wills for Heroes
Posted in Wills, legal wills | No Comments »

Kenyan based courts fighting to shutdown Somali pirates

Wednesday, December 9th, 2009

New revelations are starting to unravel in the Kenyan courtrooms as the nine young men are being trialed. The lawyers representing both the defence and prosecution were sending legalistic blows to each other while the translator was busy changing each sentence from English to Somali and vice versa.

When the pirates are finally captured by the international warships that are in the vicinity of the Gulf of Aden and sea off the coast of Somalia then they are brought to the city of Mombasa and there they are tried in the Kenyan courts.

According to the latest court hearings, it has been revealed and proven that it is very difficult to prosecute the gangs enagaged in the acts of piracy. The main problem with securing any form of legal conviction lies in the lack of evidence in catching the pirates in their act.

Wanini Kireri who is the main officer in charge called upon the pirates as “blessing in disguise”, because according to the various sources Kenya has a deal where the judiciary and prison based system is getting upgrade. According to these sources about US $7 million in additional funding is being provided to fully support the prosecutions of pirates in Kenya courts.

Tags: kenya courts, kenya fights pirates, kenya pirates and courts, pirates, somali pirates
Posted in Criminal, Criminal News | No Comments »

Mesothelioma: A Cancer Decades in the Making

Wednesday, December 9th, 2009

We might have all heard of the saying “the world is a dangerous place to live”. True testaments to this saying are thousands of health related problems caused by asbestos or asbestos products. The government is aware of this. Due to the usefulness of asbestos and its bi-products they can only regulate the use of asbestos.

Asbestos has been around for centuries; it has been revolutionizing our world in making it a better place. But this same mineral is also making our world a dangerous place to live in, if you don’t know what you are up against.

Serious Health Related Problems

Exposure to asbestos has many risks. It can cause asbestosis, tumors, asbestos warts, pleural plaques and mesothelioma. Mesothelioma is a cancer that is caused by exposure to high concentrations of asbestos.

Mesothelioma may take 20 to 50 years before its symptoms are seen. One will experience shortness of breathing, cough, weight loss, abdominal swelling, anemia, blood clotting abnormalities, fever, yellowing of the eyes and skin, chest pain and many more.

Confirming a Diagnosis is Almost Impossible

Diagnosing mesothelioma is very difficult since the symptoms are similar to other conditions, and it may take 20 to 50 years before the symptoms come out. Your doctor may not ask questions that will date back 20 years ago but previous exposure to asbestos will increase your doctor’s suspicion of a possible mesothelioma.

A biopsy is required to confirm a diagnosis of mesothelioma. A doctor will take a sample of your tissue and a Pathologist will examine it under a microscope. The tissue will be taken depending on where the abnormality is located. The tissue can be taken from your chest between your ribs or your abdominal cavity.

Seeking Professional Help

Your employer or a family member’s employer can be liable since mesothelioma can be acquired if you have constant contact with someone who has a direct exposure to asbestos. Once you are diagnosed with mesothelioma you only have a few days to get justice since it may take 50 years for just the symptoms to come out.

There are certain regulations and laws that companies are required to follow. If you were diagnosed and confirmed to have mesothelioma you may qualify for compensation. It will be very difficult since you have to prove that you acquired it in a specific location. However, there are professionals who specialize in these kinds of cases that can help quickly before it is too late.

Tags: asbestos, mesothelioma
Posted in Mesothelioma | No Comments »

U.S. Government: A Strong Economy Requires Effective Security Measures

Tuesday, December 8th, 2009

Sometimes a severe catastrophe has to happen before authorities and leaders realize that something has to change. The U.S. government now realizes safeguarding the nation cannot be taken for granted - it is a pre-requisite for a strong economy.

After 9/11 stiffer and more daring banking laws and regulations have been imposed. Most are designed to monitor transactions and alert the government of financial transactions which may be related to, or intended for, terroristic activities.

One such act, The Money Laundering Act, came in to prominence only after the September 11 terrorist attack. This banking Law requires financial institutions to identify and report transactions of suspicious nature to the financial intelligence unit.

Perspectives Vary by Country

The financial institutions protect the privacy of their customers but they are also required to file a Suspicious Activity Report (SAR). A SAR alerts a US agency called Financial Crimes Enforcement Network (FinCEN) of possible terrorist funding or other unlawfully related financial transaction.

Some other countries impose a different approach; in the US a bank deposit of $10,000 will require a bank to file a Currency Transaction Report (CTR). Some European nations will file a CTR for deposits of EUR 15,000 and above. A bank in the US can file a SAR if they suspect possible money laundering but in Switzerland they can only file a SAR if it was already proven.

A Suspicious Bank Account

A SAR is only required if an account is suspected to fund any unlawful activity. A CTR on the other hand is required for all bank transactions involving $10,000 and above. Even if a regular bank customer withdraws $10,000, a CTR has to be filed for this. However, if a customer deposits several hundred thousand dollars, then withdraws and deposits thousands of dollars regularly, a SAR has to be filed.

This banking law may turn off customers from using bank services - which, in turn, may lead to fewer bank deposits. Banks will then have less money to fund loans.

Nevertheless, these regulations can prevent catastrophic events from happening again. Consumer confidence has dwindled and the stock market suffered from the 9/11 attack. No one with rational and normal thinking would want that to happen again.

Let us not wait for something that big and devastating to happen before taking the steps necessary to protect ourselves. Changes have to be made for the greater good. Security is truly an investment for a strong and stable economy.

Tags: bank regulations, banking law, national security
Posted in Banking and Investment Law | No Comments »

The Importance of Asset Protection During a Recession

Monday, December 7th, 2009

In times of recession, where a chain reaction of bankruptcy filings is imminent, it is very wise to have a form of asset protection. Asset protection is the process of protecting a personal or business property from risks such as bankruptcy, law suits, divorce settlements, and claims. It is sometimes referred to as the debtor-creditor law.

Countless law suits ranging from malpractice to negligence can cause a severe financial instability to a person or a company. If an entity or a person looses from a lawsuit could lose their life savings or even their entire fortune.

Even giant corporations and conglomerates are not exempted from the perils of bankruptcy. More often than not they are the first to go down in times of financial crisis and recession. Only those who are wise enough to safeguard their wealth are left standing after a heavy financial blow.

Asset Protection Does Work

For example, let’s say a doctor is involved in a medical malpractice lawsuit. However, if all his assets or majority of it is protected, let’s say via an integrated estate planning trust (IEPT) his counsel can inform his plaintiff’s counsel that the defendant’s assets are protected. Once the plaintiff’s counsel confirms this a settlement in favor of the doctor will follow.

Asset protection can be considered as a form of insurance from a serious law suit or claim. Realtors earn a vast amount of wealth from selling real estate property. They can go from riches to ruins if they are over confident. Putting your wealth in a savings account or investing it in real estate or stocks are good options. Just don’t forget to have a contingency plan such as an asset protection plan.

Land of the Free

Freedom has given us so much that it can be exploited to attack an individual or a company. If these defendants’ assets are left unprotected they can kiss their hard earned fortune goodbye. A lot of things are taken for granted but there are things or events that can happen unexpectedly and all of us know this. Question is when, and are you prepared for it?

America is a free country anyone can file a legal claim or lawsuit against anybody. Realtors, actors, authors, employees, employers, ordinary citizens - are all vulnerable from lawsuits or and if you are a big-time businessman you may want to consider asset protection in your priority list.

Tags: Asset Protection, creditor-debtor law
Posted in Asset Protection | No Comments »

Asbestos: The Miracle Mineral and Its effects on Us

Sunday, December 6th, 2009

The world as we know it would be very different if asbestos was never discovered. It has revolutionized so many industries and products - including brakes and clutches in cars, firemen uniforms, vinyl flooring, wall insulation, and many other materials used in constructing homes and commercial buildings. Anything that needs insulation from heat, electricity, or chemical corrosion is benefited by the discovery of asbestos - but at what cost?

Origins and History of Asbestos

Asbestos is a Greek term which means “lime”. It is a very fibrous mineral that is mined in rocks - lime to be exact, as you might imagine. Some of the most common types of asbestos are Chrysotile (white asbestos), Amosite (brown asbestos), and Crocidolite (blue asbestos).

The first accounts of asbestos date back to the first century AD, including Marco Polo’s journals of miraculous clothes in China which were cleaned by being exposed to fire. Even then there were records that asbestos caused breathing problems for the slaves who wove these garments.

In the early 1970’s a court document proved that the asbestos industry officials have known asbestos can cause harmful effects to humans since early 1930’s but they concealed it from the public.

Cause and Effect of Asbestos Diseases

Asbestos fibers are so small that inhaling it repetitively over a long period of time can cause breathing problems and even cancer. These fibers can be so small that our body can’t release it naturally after we have inhaled or swallowed it, causing any number of asbestos diseases.

Some of the asbestos diseases which can be acquired from exposure or poisoning are asbestosis, Mesothelioma, Asbestos Warts, pleural Plaques, and diffuse pleural thickening. Asbestos poisoning can is very hard to detect as it’s symptoms and damage can take up to 20 to 40 years before it reeks havoc on our bodies.

Some countries have completely banned the use of materials containing asbestos. The U.S., on the other hand, has only regulated it depending on the volume of fibers present in the material. Although asbestos has been proven to be very harmful to humans and the government imposes a serious penalty to companies for infractions, they still continue to produce and use it - and sometimes abuse it. As long as there is a demand for asbestos there will always be a producer.

Anyone who has been diagnosed with an asbestos related disease is eligible for compensation by companies, manufacturer’s contractors or distributors. However, getting that compensation is often a difficult and complicated process. Without a lawyer, you may not get the compensation you deserve.

Tags: asbestos, asbestos diseases, asbestos diseases law
Posted in asbestos diseases | No Comments »

NY Throwing Homeowners a Line - of Communication

Saturday, December 5th, 2009

Even “the best laid plans of mice and men gang aft agley.” You’re probably already quite aware of the recent foreclosure run in the US, but what may surprise many consumers is the trouble has now spread beyond sub-prime loans. In the third quarter, 1 in 10 home owners were late making their payments nationwide. That is quite a number to swallow.

Fortunately, New York is fighting alongside consumers in the battle to keep their homes. Recent New York legislation, taking effect January 2010 will extend aid to all home owners facing foreclosure instead of just sub-prime borrowers. Now if only they could get that stigma out of home owners’ minds about arbitration and mediation.

New York Leading Battle to Keep Homes Out of Foreclosure

More than one fourth of the consumers who go through New York’s mediation program for homeowners facing foreclosure get to keep their homes. Unfortunately, more than one third don’t even attend the meetings.

For all of New York’s good intentions, nobody is taking them up on the offer. Of course, that isn’t for a lack of want or need. Rather, home owners are afraid. They see the letter from the New York court system and don’t even open it - they know their home will soon enter foreclosure, but they don’t know the court is actually looking to help the consumer keep their home.

Most show up with their keys in hand, ready to give up the house, until a secretary explains what is going on. Almost everyone shows up in tears, sure their home is gone for good. What they don’t realize is they have been given the second chance provided by New York state law.

Lenders are required to provide 90-days notice prior to foreclosure and go through a mediation process with the borrower. For now this law only applies to sub-prime borrowers, but in the beginning of next year all borrowers facing foreclosure can have the same benefits.

Nevertheless, the court system is still fighting the consumer stigma which plagues their efforts. They have revised the invitation letter five times in an attempt to help home owners understand what they are doing, and have considered using a different mailing address to encourage home owners to at least open the letter. For now, all we can do is spread the word and hope home owners realize they have just been handed an opportunity of a lifetime.

Tags: foreclosure, mediation, ny
Posted in Arbitration and Mediation | No Comments »

Appeals Making Headlines: Who Are the Real Animals?

Friday, December 4th, 2009

Polar bears lose the fight against big oil, and a ponzi schemer plans to leave retirees and non-profits holding a $3.65 billion heavy bag. On the one hand, we have man vs. nature - on the other, man vs. man. However, in the opinion of more than a few, both appeals come down to the same basic motivator; greed. Although judges are impartial of such things, the law seems all too often blind to it as well.

Polar Bears vs. Big Oil

Two environment groups argue just because a polar bear has not died due to “industrial activity” since 1993, that doesn’t mean the new regulations will continue to prevent any lethal or otherwise harmful threat to the already threatened polar bear. The Center for Biological Diversity and Pacific Environment were recently rejected by the 9th US District Court of Appeals, upholding the lesser court ruling against the two environmental groups.

The Center for Biological Diversity and Pacific Environment appeal that the US Fish and Wildlife Service may have accidentally placed the polar bear in danger when they recently passed new regulations for the oil industry. The appeals court rejected the appeal because “past interaction between the polar bears and the oil industry has been minimal.”

I suppose even when you draw out the big guns, greed still wins. What hope is left for our natural habitats when even large environmental groups - the individual environmentalist’s “big guys in their corner” - are not allowed to speak on their behalf?

Petters and Attorneys Plan to Appeal $3.65 Billion Ponzi Conviction

Even with all of Tom Petters’s assets seized - and almost all liquidated - except “the three suits he wore during the trial”, only 1/15th of the $3.65 billion he schemed out of businessmen and consumers has been recovered. Some of these assets include a Florida beach home, a condo in Colorado, and a Minnesota lake home on sale at a steal of a price - just $6.25 million.

Where did he get all the money to buy so many multi-million dollar homes? Well, the Zimmerman Reed law firm is representing “several dozen” individuals, and two businesses went belly up after they lost a few million as well.

Petters claims he was duped by a co-conspirator - Larry Reynolds, a former Boston felon who was placed in witness protection for cooperating in a 1980’s mob case - to find investors who would fund loans on non-existent merchandise. Investors believed the scheme for some time since early investors were paid with the later investors’ funds.

Tags: appeals, appeals attorneys, Center for Biological Diversity, Pacific Environment, ponzi, Tom Petters
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How to File an Appeal

Wednesday, December 2nd, 2009

If you are thinking that you do not need the services of appeals attorneys then you better think twice. You may have never been in courtroom trials personally but you probably have seen scenes involving courtroom trials in movies and television.

The appellate process is one of the most important element of the judicial system. If you want to fully understand your rights within the judicial system then it is important that you do understand the appellate process and no one can help you better in this endeavor than working with appeals attorneys.

You should know that before an appeal is filed from a criminal or civil case, the trial level court should have its final judgement already. When it is a criminal case, the final judgement comes in the form of the sentence order given by the court. If it is a civil case, the final judgement is considered to come in the form of the disposal of all issues of the parties and the dismissal of the case itself.

If the final judgement has been issued by the court, the next step that you should do is to look for appeals attorneys that can help you and file a Notice of Appeal. The Notice of Appeal is filed with the trial court and the other parties involved in the case. Take note that it is important that the Notice of Appeal should be filed in a timely manner. Appeals attorneys are aware that each state has a specified time frame in which the Notice of Appeal must be filed. If you fail to do the filing in the said time frame then you will be barred forever from raising an appeal on the case. Aside from that, if the Notice of Appeal is not filed in the manner that is prescribed by the law then the appelate court will bot have jurisdiction over the case.

Given the importance and specific process of filing an appeal, you will definitely be undergoing a lot of stress and effort if you push on without the aid of an attorney. Appeals attorneys can make everything easier for you and will give you a higher success rate giving you a better chance to get to appeal to the case.

If the Notice of Appeal is already filed then your case will move on to the appelate court itself. The appelate court will then schedule a time line for the filing of the documents and materials needed in that court. This will include the appelate brief that is filed by the person lodging the appeal in the first instance. After complying, you should now be ready with your case.

Tags: appeals, appeals attorneys, attorneys
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Hiring Adoption Attorneys

Tuesday, December 1st, 2009

If you intend to adopt a child whether he or she may be coming from in or out of the country, it is best that you get the services of adoption attorneys. Without their participation you will only have a hard time processing the papers and finalizing the adoption. Aside from that it would be much easier to employ the services of a lawyer who is familiar with the whole process so that there will be less mistakes incurred.

You may find that adoption agencies and even non profit adoption organizations usually have their own adoption attorneys working with them and they can help you adopt a child in an easier and faster way.

Aside from that you should also consider the fact that adoption laws and legal requirements vary from one country to another. These attorneys are familiar with the laws and requirements nationally and internationally as well. There are things that would definitely need the help of someone that has legal training throughout the adoption process and going through it all by yourself can be very stressful in your part.

The process of adoption can also be very emotional. The presence of adoption attorneys backing you up will help give you a sense of calm and security throughout the whole process.

Given the many benefits that they can give you, it is important that you get to work with the best adoption attorneys to guide you as you enter a new chapter in your life. Here are some pointers that you can use when it comes to choosing the best adoption attorney that you can work with:
• Make sure that you get referrals from other professionals, friends and family members. You can also approach people you knew have adopted before and ask if there is someone that they can recommend to help you out.

• Make a list of the best adoption attorneys or agencies in your area that meets your needs and your budget. Make sure that you ask about adoptive parent requirements and up-front fees.

• Verify their license by calling your state adoption agency licensing specialists. Make sure that the license is still active and that there have been no complaints filed against them.

• You should also do a background check with the Better Business Bureau or your state Attorney General’s office. Do not work with agencies or adoption attorneys that you have not investigated yourself.

In the end, it is recommended that you keep at least two things in mind when you choose your adoption attorney. First is that you are the client and it is important that the attorney of your choice makes your comfort and security a priority. And second, it is always best to trust your instincts. If you feel that something does not feel right then it is best that you look for someone else.

Tags: adoption, adoption attorneys, attorneys
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