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Archive for the ‘General’ Category
Tuesday, November 16th, 2010
The term “At-Will” which is also called “Employment At Will” is defined as a contract of employment that can be terminated either by the employer or the employee at any time and for any reason. This means either party can break the employment relationship with no liability, provided there was no express contract defining the employment relationship and that the employer does not belong to a collective bargaining group – such as a union.
Each individual state varies in whether they fully accept Employment At Will or accept it with modification.
The concept or rule of “at will” began in 1877 under Horace Gray Wood’s treatise on master-servant relations. Then, the burden of proof was on the servant to prove that an indefinite employment term for one year. From this came the US at-will employment rule, which allowed termination for no reason. The rule was adopted by all of the states within the US. It wasn’t until 1959 that the first judicial exception to the At-Will rule was created by the California Court of Appeals.
Another landmark case that challenged the At-Will employment rule came in 1980 involving ARCO through the Supreme Court of California. The decision and actions by employees is now known in California as Tameny actions for wrongful termination in violation of public policy.
Other states were also challenged for their ‘At-Will’ status and numerous statutory exceptions were created.
All states within the U.S. have modified the “At-Will” rule to some degree with the exception of Montana. Montana adopted its own employment law in 1987 called the Wrongful Discharge From Employment Act or (WDEA). The act preserves the at-will concept but also expresses legal basis for a wrongful discharge actions. For example, a discharge is wrongful if it was in retaliation by the employer against the employee who refuses to violate public police or who might report a violation of public policy.
Other states adopted a public policy exception in addition to the At-Will policy. Under policy exceptions, an employer may not fire an employee if it would violate the state’s public policy doctrine or a state or federal statute. According to Charles J. Muhl in The employment-at-will doctrine: three major exceptions – in 2000, 43 states and the District of Columbia formally recognize public policy as an exception to the at-will rule. The seven states that do not abide by this exception are: Alabama, Georgia, Louisiana, Maine, Nebraska, New York, Rhode Island and Florida.
In addition, 37 of the states within the US also recognize an implied contract as an exception to At-Will employment. Under the implied contract exception, an employer may not fire an employee “when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists. With such loose terminology, the fired employee may have difficulty proving the terms of the ‘unsaid’ and implied contract – yet the burden of proof is on that employee.
If the employer fires the employee in violation of an implied employment contract, the employer may be found liable for breach of contract. The 13 states that do not honor the implied-contract exception are: Delaware, Florida, Georgia, Indiana, Louisiana, Massachusetts, Missouri, Montana, North Carolina, Pennsylvania, Rhode Island, Texas and Virginia.
Last is the exception for a covenant of good faith and fair dealing which instead of narrowly prohibiting terminations based on public policy or an implied contract, broadly read that a covenant of good faith and fair dealing should be within every employment relationship. This has been interpreted, by some courts, to mean either that employer personnel decisions are subject to a “just-cause” standard or that terminations made in bad faith or motivated by malice are prohibited. Eleven states recognize this breach of an implied covenant of good faith and fair dealing.
Only eleven U.S. states have recognized a breach of an implied covenant of good faith and fair dealing as an exception to at-will employment. These 11 states are: Alabama, Alaska, Arizona, California, Delaware, Idaho, Massachusetts, Montana, Nevada, Utah and Wyoming.
Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com
 Tags: at-will employment, at-will exceptions, employment law
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Tuesday, November 16th, 2010
The Equal Pay Act of 1963 is defined as a United States federal law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex. The Act was signed into law on June 10, 1963 by John F. Kennedy as part of his New Frontier Program. The Declaration of Purpose set for in the law reads:
(a) The Congress hereby finds that the existence in industries engaged in commerce or in the production of goods for commerce of wage differentials based on sex-
(1) depresses wages and living standards for employees necessary for their health and efficiency;
(2) prevents the maximum utilization of the available labor resources;
(3) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce;
(4) burdens commerce and the free flow of goods in commerce; and
(5) constitutes an unfair method of competition.
Since this law went into effect, women’s salaries rose from 62% of men’s earnings to 80% by 2004. Later, in 2005 the Paycheck Fairness Act was introduced by Senator Hillary Clinton and Rep. Rosa DeLauro. The act would ammend EPA’s prior act and expand damages. It would also call for a study of data collected by the EEOC and propose voluntary guidelines to show employers how to evaluate jobs with the goal of eliminating unfair disparities.
In regards to the history of women and work, dating back to colonial America, studies show women who had to work for a living earned their money typically from being a seamstresses or they kept boardinghouses. There was also a small handful of women doctors, lawyers, preachers, teachers, writers, and singers. The number of women practicing medicine could possibly be attributed to the fact that prior to the 1800s there were almost no medical schools, and virtually any enterprising person could practice medicine.
This changed by the beginning of the 19th century as an educational was required for those practicing medicine. This change tended to prevent many young women, who married early and bore children, from entering professional careers. If a woman was to enter the field of medicine, it was typically as a nurse. Nursing was one of the most acceptable alternatives. Hospitals at this time were ran and operated by men and the American Medical Association went so far as to bar women from their membership. But new medical schools began opening up for women and by the 1910s, women were attending them. By 1915 the American Medical Association began to admit women members.
In the 19th century, women in large numbers began working outside of their homes Jobs for women were typically in textile mills and garment shops. While labor laws were instilled to protect women and children from long work days and in harsh conditions, the laws often restricted women from particular jobs, especially supervisory positions that required overtime to do. Other laws such as those prohibiting women from lifting as little as 15 pounds of weight, also barred women from many jobs.
Today, women comprised 46.8 percent of the total U.S. labor force and are projected to account for 46.9 percent of the labor force in 2018. Women are also projected to account for 51.2 percent of the increase in total labor force growth between 2008 and 2018.
Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com
Tags: fair labor, labor law, womens rights, womens wages
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Sunday, October 24th, 2010
The Equal Employment Opportunity Commission, also known as the EEOC defines sexual harassment as:
“Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:
1. Submission to such conduct was made either explicitly or implicitly a term or condition of an individual’s employment,
2. Submission to or rejection of such conduct by an individual was used as the basis for employment decisions affecting such individual, or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
1. and 2. are called “quid pro quo” (Latin for “this for that” or “something for something”). They are essentially “sexual bribery”, or promising of benefits, and “sexual coercion”.
Type 3. known as “hostile work environment,” is by far the most common form. This form is less clear cut and is more subjective.”
If one feels they have been sexually harassed, there are a number of legal options for a complainant. One can file with the EEOC or file a claim under a state Fair Employment Practices (FEP) statute.
The sexual harassment complaint then has to be determined whether the case or situation is severe, however, there is no minimum level for harassing conduct under the law.(Boland, 2002) Many cases are often settled before making it to the federal court.
Because sexual harassment was becoming such an issue in the workplace, forcing many women and men to leave because of it, in 1980 the Equal Employment Opportunity Commission produced a set of guidelines for defining sexual harassment. Definitions such as Quid Pro Quo and Hostile environment sexual harassment had to be put together.
The following became defined. A hostile environment occurs when an employee is subjected to comments of a sexual nature, unwelcome physical contact, or offensive sexual materials as a regular part of the work environment. For the most part, a single isolated incident will not be enough to prove hostile environment harassment unless it involves extremely outrageous and egregious conduct.
Quid pro quo means “this for that”. In the workplace, this occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances. For example, a supervisor promises an employee a raise if he or she will go out on a date with him or her, or tells an employee he or she will be fired if he or she doesn’t sleep with him or her. Quid pro quo harassment also occurs when an employee makes an evaluative decision, or provides or withholds professional opportunities based on another employee’s submission to verbal, nonverbal or physical conduct of a sexual nature. Quid pro quo harassment is equally unlawful whether the victim resists and suffers the threatened harm or submits and thus avoids the threatened harm.
The line between “quid pro quo” and “hostile environment” harassment is not always clear and often the two forms of harassment occur together
The law also protects an employee against retaliation. Retaliation is defined as when an employee suffers a negative action after he or she has made a report of sexual harassment, files a grievance, assists someone else with a complaint, or participates in discrimination prevention activities. Negative actions can include being fired, demotion, suspension, denial of promotion, poor evaluation, unfavorable job re-assignment—any adverse employment decision or treatment that would be likely to dissuade a “reasonable worker” from making or supporting a charge of discrimination.
Retaliation is as illegal as the sexual harassment itself, but also as difficult to prove. Also, retaliation is illegal even if the original charge of sexual harassment was not proven.
Today most companies prepare Sexual Harassment classes and handbooks to educate all employees of the dire and serious consequence of sexual harassment.
Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com
Tags: equal opportunity employment, human resources, sexual harassment
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Friday, October 22nd, 2010
Nepotism is defined as “Favoritism shown to relatives and friends, especially in business or political appointments.” The word is derived from the Italian word nepotismo which stems from the Latin term nepos (grandson, nephew). The word found meaning when popes in the Roman Catholic Church confirmed important positions to their sons. Because a pope was supposed to be chaste, the son was euphemistically called a nephew.
Today, nepotism is usually seen to be a negative practice due to the fact that it implies that the person getting the job, promotion, college admittance, or property is usually not otherwise qualified enough to have it. There are no uniform laws regarding nepotism, but there are many different ways to create laws of nepotism or practices as well as oppose already existing laws or practices.
Some states, cities or organizations will create their own nepotism laws. Nepotism laws will differ from state to state. Entities who do adopt nepotism laws typically only prohibit the ‘appointment’ of a relative to a position of trust or emolument. Emolument is defined as any advantage, profit or gain arising from the position in office.’ Emolument could be interpreted as anybody who has the authority to fire, hire or decide issues of salary, promotion, leaves of absence and other job-related benefits for a relative.
Another type of nepotism that occurs is within the educational system, when a family member is admitted on the basis of their family’s history at the school applied to. The school district itself would have to have nepotism laws in place to forbid such a thing.
Nepotism is very common in business and it is mostly accepted here as well. When it is looked down upon is when family members who are not qualified for positions are hired. There are no uniform national business laws regarding nepotism and the practice may be openly embraced by some businesses. But many businesses have rules that ban nepotism which can include family members and ones spouse. These rules are often the most difficult for people who meet at work and then marry.
Nepotism is a problematic legal issue to deal with because of its varying complexities. While most states have comprehensive anti-discrimination laws, nepotism may not be covered as a form of discrimination. To combat nepotism, one would have to consult an attorney for the proper laws to be put in place beforehand. The reason attorneys are used is because of the complexity of nepotism and its relation to discrimination and the law. For example, there are states who have laws and legal rights that argue that nepotism against married couples is a form of illegal discrimination.
If an employer has a nepotism law in place and the state considers the employers law to be discriminatory on the basis of marital status, that is, if they prevent qualified married couples from working together, they could be violating the discrimination law. Those who become fired for such reasons often seek legal consultation.
Those against nepotism say that if one has the qualifications to do a job, no matter how many relatives work in a particular company, that person should receive the job. To not receive such a job or to be fired later after becoming related to another employee, is causing many businesses lots of legal headaches.
Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com
Tags: business laws, lawsuit funding, nepotism
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Wednesday, October 13th, 2010
The practice of gambling is an ancient activity, dating back to as far as 2000 BC with the Egyptians. Almost every culture has had some sort of gambling within its history. Today, gambling is as easy as ever with the number of casinos around the United States to the possibilities of online betting.
Despite its ease and the fact gambling is legal in the United States, it is heavily regulated under US Federal Law. Each state has the ability to regulate or prohibit the practice. The state who has been allowing gambling the longest is Nevada, who used gambling to reinforce its state economy, since 1931. With this, Las Vegas is known as the best gambling destination in the world.
Legalized gambling followed in 1976 within Atlantic City, New Jersey and in 1990 within Tunica, Mississippi. In 1987, the United States Supreme Court ruled to allow Native American tribes to build their own casinos on tribal lands as a way to provide revenue for the tribe. Tribal gaming differs from state gaming in that tribes are considered sovereign nations and are often exempt from state laws. With this, tribal gaming is regulated under federal law.
Today, most states allow some form of gambling, most commonly in the form of a lottery system or even bingo.
While gaming is now a law but more of a set of rules and regulations that apply to the gaming and gambling industry, breaking such rules can put you in jail or be costly. Illegal gambling is a Federal crime if done as a business.
Gambling in the past was often pushed away from communities by churches or citizens – today, the gaming industry has exploded all over the United States. Statistics show gambling and betting online have even increased rapidly.
In modern history, the slot machine has played the largest role in increasing gambling, typically in casinos. According to Nevada Gaming Almanac 2001 Edition, 60.4% of casino area in Caesars Palace is slot area. Also, 66.8% in the Bellagio, 71.4% in the Excalibur, 70.2% in Mirage is used as a slot area. Simultaneously, casino revenues are largely based on slot machines with statistics showing 75% of casino revenue in Las Vegas downtown properties, 84.3% in Laughlin’s properties, and 86.6% of Boulder Strip properties come from slot revenue. Slot machines are very important in terms of square footage and revenue in casinos. (Nevada Gaming Almanac 2001 Edition)
Slot machines were invented in the late 1880s. They were coin operated and looked more like a poker machine. Players won cigar or drinks as a prize if they hit the poker hands on the machine. Then came the reel slots, invented by Charles Fey in1899.
By the early 1900s, the anti-gambling movement emerged. By 1909, San Francisco outlawed slot machines – they were followed by Nevada. The rest of California followed in 1911. Many a slot machine were smashed, burned and dumped into the ocean.
With the great depression came pressure to legalize gambling. The antigambling mood was squelched with the financial stress of the country. Legalizing gambling was looked upon as a way to stimulate the economy. Even churches were onboard, using Bingo to help them raise funds – making Bingo legal in 11 states by 1950.
With the legalizing of gambling came an increase in organized crime. In New York, the law cracked down on mobsters, pushing them from the state – which in turn drove them to remote places such as Las Vegas. Many early casinos were financed by mobsters.
Gambling provides large amounts of tax revenues and employment opportunities to states. While the practice of gambling is an ancient activity, it is still as popular as ever and quite legal.
Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com
Tags: casino law, gambling law, gaming history, gaming law, tribal gaming
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Tuesday, October 5th, 2010
Environmental law is complex to define. Some define it as a law that “is made up of treaties, conventions, statutes, regulations, and common law that, very broadly, operate to regulate the interaction of humanity and the rest of the biophysical or natural environment, toward the purpose of reducing the impacts of human activity, both on the natural environment and on humanity itself.”
Some divide environmental law into two subjects. These include: 1)Pollution Control and Remediation and 2) Resource Conservation and Management.
Pollution control and remediation relates to air, water and soil. Conservation managements focus is on natural resources such as forests, minerals, animals, scenic areas and such.
How is environmental law established? It is typically drawn from and influenced by established principals of environmentalism, including ecology, conservation, stewardship, responsibility and sustainability. This makes environmental law broad and difficult to fully and simply define.
Within environmental law there is Federal Law, State Law and International Law. Some of these laws overlap.
Federal Law includes the National Environmental Policy Act or (NEPA). This law was passed in 1970 along with the Environmental Quality Improvement Act, the National Environmental Education Act, and the Environmental Protection Agency (EPA). These laws were created to protect the environment both from public and private actions. The EPA, for example, monitors and analyzes the environment, conducts research and works with state and local government to devise pollution control policies.
Laws that came from the Federal Government that most of us are familiar with include:
1) Endangered Species Act (ESA): Prevents extinction of endangered plants and animals, as well as works to recover these populations by preventing threats to their survival.
2) Resource Conservation and Recovery Act (RCRA): A system to prevent pollution. This law ensures that waste is properly disposed of, and thus not dumped into the environment.
3) Comprehensive Environmental Response Compensation and Liability Act (CERCLA): Also known as the “superfund” this statute is aimed at cleaning up already polluted areas. This statute assigns liability to almost anyone associated with the improper disposal of hazardous waste, and is designed to provide funding for clean up.
4) Clean Air Act (CAA): The CAA is designed to protect air quality by regulating stationary and mobile sources of pollution.
5) Clean Water Act (CWA): The CWA protects water by preventing discharge of pollutants into navigable waters from point sources.
6) Common Law Protections: Common law protections allow a land-owner who’s land is being polluted to sue the polluter. A landowner may sue under a theory of trespass (a physical invasion of the property) or nuisance (an interference with the landowner’s enjoyment of his property.
State laws look at the same concerns federal laws do and vary state to state.
International law examines the fact that pollution has no boundaries. There are many international agreements that protect everything from the sky to the ocean.
Environmental law is complex to define and is always changing based upon new science and agreed upon discoveries.
Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com
Tags: clean air act, common law, environmental law, pollution control
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Sunday, September 26th, 2010
Divorce (or the dissolution of marriage) is defined as the final termination of a marital union, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties. The dissolution of a marriage, in most countries, requires the sanction of a court or other authority in a legal process. Within this legal process courts resolve issues such as spousal support, child custody, child support, distribution of property and division of debt.
There are two types of divorces, they include No-Fault and At-Fault – with all states no having adopted the No-Fault divorce.
No-fault divorce
With a no-fault divorce, no-fault means that for the dissolution of a marriage to occur, no allegation or proof of fault of either party is required. With no-fault, the application can be made by either party or by both parties jointly. This type of divorce is one in which the dissolution of a marriage requires neither a showing of wrong-doing of either party nor any evidentiary proceedings.
With this, a no-fault divorce can allow a family court to grant a divorce in response to a petition by either party to the marriage, without requiring the petitioner to provide evidence that the respondent has committed a breach of the marital contract.
For the party who prefers to remain married, the no-fault divorce limits the potential legal defenses of this person.
At Fault Divorce
Prior to the no-fault divorce revolution, one could only obtain a divorce if they could show fault of the other party. Simply stating that you did not love one another any more was not enough proof. Proof had to include proving that one spouse had committed adultery, abandonment, felony, or other similarly culpable acts. However, the other spouse could plead a variety of defenses, like recrimination (essentially an accusation of “so did you”). A judge could find that the respondent had not committed the alleged act or the judge could accept the defense of recrimination and find both spouses at fault for the dysfunctional nature of their marriage.
The problem with these types of requirements was when or if both spouses were at fault or if neither spouse had committed a legally culpable act but both spouses desired a divorce by mutual consent. Lawyers began to advise their clients on how to create legal fictions to bypass the statutory requirements. One such method was referred to as “collusive adultery”, in which both sides deliberately agreed that the wife would come home at a certain time and discover her husband committing adultery with a “mistress” obtained for the occasion. The wife would then falsely swear to a carefully tailored version of these facts in court (thereby committing perjury). The husband would admit a similar version of those facts. The judge would convict the husband of adultery, and the couple could be divorced.
In many other states, especially California, the most popular allegation for divorce was cruelty (which was then unavailable in New York). For example, in 1950, wives pleaded “cruelty” as the basis for 70 percent of San Francisco divorce cases. Wives would regularly testify to the same pitiful (and often false) facts: their husbands swore at them, hit them, and generally treated them terribly.
Within the No-Fault divorce is the Uncontested divorce. Statistics show that 95% of divorces in the U.S. are uncontested due to both parties coming to an agreement (either with or without lawyers/mediators/collaborative counsel) in regards to their joint property, children and support issues. If the two parties cannot come to an agreement, they risk the courts deciding for them.
Defining how to properly obtain a divorce will depend upon the state you live in. Each state has its own laws and rules regarding the process of divorce that one should follow.
Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com
Tags: at fault divorce, divorce, divorce law, no fault divorce
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Saturday, September 25th, 2010
Frivolous litigation is defined as the practice of starting or carrying on law suits that have little to no chance of winning. While a lawsuit may be coined frivolous by the judiciary of the United States, “frivolous litigation” is considered to consist of a legal claim or defense presented even though the party or the party’s legal counsel had reason to know that the claim or defense was manifestly insufficient or futile, that is to say, had no legal merit and may also lack legal standing.
To deter frivolous law suits and save tax payers dollars along with controlling the waste of courts and other parties‘ time, the United States Court, created Rule 11 of the Federal Rules of Civil Procedure stating that an attorney must perform due diligence investigation concerning the factual basis for any claim or defense.
If a court feels an attorney has not performed due diligence, the attorney or the attorney’s firm can be held in contempt. Both could also be fined by the United States Tax Court for up to $25,000. In addition, the losing party must pay the prevailing party for damages.
While the United States judicial system is careful in deeming cases frivolous in order to remain open for all those who seek in good faith the protection of the law, many see such cases as a lottery ticket.
One example of a frivolous case that caused notoriety was in the Pearson vs. Chung. Washington, D.C. Judge Roy Pearson sued a dry cleaning business for $67 million (later lowered to $54 million), for losing his pants (which he brought in for a $10.50 alteration). Pearson believed that a ‘Satisfaction Guaranteed’ sign in the window of the shop legally entitled him to a refund for the cost of the pants, estimated at $1,000. The $54 million total also included $2 million in “mental distress” and $15,000 which he estimated to be the cost of renting a car every weekend to go to another dry cleaners.
The Chung’s legal costs skyrocketed and eventually the Chungs had to sell their dry-cleaning business.
Other frivolous and notorious lawsuits such as those mentioned in an article in the Huffington Post include:
Michigan man sues Anheuser-Busch for failing to see two beautiful women after drinking a case of their beer, something their ad seemingly portrayed. The man sued the company for false advertising, asking for a sum in excess of $10,000.
Oregon man Allen Heckard sued Michael Jordan and Nike due to the fact he looked a lot like Michael Jordan and felt they were stealing his identity. The man sued for $832 million for his “emotional pain and suffering.”
Lindsay Lohan sought $100 million from E-Trade for use of the name “Lindsay” in reference to a female baby in their Super Bowl ad. Her people claimed the public knows her by the singular name, like Oprah or Madonna, and that referring to the baby as a “milk-aholic” directly references her life.
In 1995, Robert Lee Brock attempted to sue himself for $5 million claiming he violated his own civil rights by getting intoxicated and committing crimes. He was serving a 23 year prison sentence at the time and thought the state would have to pay because he was incarcerated.
52-year-old L.A. traffic cop, Macrida Patterson sued Victoria’s Secret after a thong she purchased there broke and the rhinestone heart on the side flew into Macrida’s eye and hurt her.
Tomas Delgado was driving over the speed limit at night and hit and kiled a child on a bike. He was not accused of manslaughter due to the fact the child was not wearing safety gear or reflectors. Tomas Delgado then decided to sue the family of the boy for damages to his Audi car.
Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com
Tags: frivolous lawsuits, litigation, strange law cases
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Saturday, September 25th, 2010
A defective product is defined as that which causes some injury or damage to person as a result of some flaw or weakness in the product, its labeling, or the way the product was used. By law, the manufacturer of the product that caused the injury, as well as those involved in the chain of commerce, are often liable for injuries caused by defective products.
When one has been injured by a defective product, they typically file a product liability claim. Product liability cases can be very expensive to bring to court. Some attorneys will work on a contingency basis, but some states and some attorneys will require that a claimant pay the costs associated with pursuing a lawsuit up front, making product liability claims at times costly.
How does one define a defective product? Defective product criteria describes a product that is not safe as any reasonable person would expect. A product not being ’safe’ does not cover just physical problems that can cause injury but also damage caused by inaccurate instructions or the suitability of the product for the purpose it was advertised.
What is a product? A product is defined as goods, foods, component parts – basically, anything a human can use.
Some of the most recent defective product compensation cases have included: medications and drugs, sofas, cosmetics, child seats, breast implants and even hair removal treatment.
When somebody feels that they have become the victim of a defective product, they can make a claim. The claim is made either against the manufacturer or anybody who supplied the item – such as branders. If a number of people are injured by a product, they can come together to create a group action or class action. Class action suits are often a more cost effective way to make claims against large corporations, manufacturers or retailers.
To bring a claim to court does require some research or a good attorney. Laws vary from state to state. Typically, product defect cases are based on what is called strict liability rather than negligence. What this means is that to prove fault on the part of the manufacturer of the defective product you must to the following:
(1) show the product was “unreasonably dangerous” or “defective”;
(2) show you were injured from use of the defective product; and
(3) have an injury that was caused by the defect in the product.
To win such cases, many states require that you prove that the product was both defective and unreasonably dangerous – not just one or the other. To prove a product is unreasonably dangerous is to show it was dangerous to an extent beyond that which would be contemplated by an ordinary consumer. While this language is loose and broad, it is meant to show that many products are dangerous and that consumers should know this when purchasing such items as knives, power tools or guns. But, if that consumer uses a defective product in a way that an ordinary consumer would and is injured, then they may have a valid case.
Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com
Tags: class action suit, defective products, product liability
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Saturday, September 25th, 2010
Immigration law is defined as a law that refers to national government policies which control the phenomenon of immigration to their country.
Immigration law is also defined, regarding foreign citizens, to be related to nationality law, which governs the legal status of people, in matters such as citizenship. Federal immigration law determines whether a person is an alien, the rights, duties, and obligations associated with being an alien in the United States, and how aliens gain residence or citizenship within the United States. It also provides the means by which certain aliens can become legally naturalized citizens with full rights of citizenship. Immigration law serves as a gatekeeper for the nation’s border, determining who may enter, how long they may stay, and when they must leave.
Immigration laws vary from country to country and they vary according to the political climate. Within the United States, Congress has complete authority over immigration. States by themselves typically have limited legislative authority when it comes to immigration. This means the federal government must create the policies and enforce them.
Federal government controls immigration through their visa policies. There are two types of visas: immigrant visas and nonimmigrant visas. The government will primarily issue nonimmigrant visas to people who are just touring the United States or here visiting for temporary business. Nonimmigrant visas themselves are divided into eighteen different types. There are only a few nonimmigrant visas available that allow the holder to work in the United States.
Immigrant visas are different in that they do permit their holders to stay in the United States permanently and work toward applying for citizenship. Aliens with immigrant visas can also work in the United States. Congress will limit the quantity of immigrant visas and they typically have a cap.
The issue of illegal immigration came more to the forefront of Congress in 1986 when they enacted the Immigration Reform and Control Act. This law toughened criminal sanctions for employers who hired illegal aliens, denied illegal aliens federally funded welfare benefits, and legitimized some aliens through an amnesty program.
Following, in 1990 came the Immigration Act which instituted the Diversity Visa Lottery Program. Starting in 1991, every year the Attorney General, decided from information gathered over a five year period the regions or country that were considered High Admission or Low Admission States. A High Admission region or country was one that has had 50,000 immigrants or more acquiring a permanent residency visa. The High Admission regions were not given visas under this act in order to promote diversity. There were 6 different regions: Africa; Asia; Europe; North America; Oceania; South America, Mexico, Central America, and the Caribbean. Visas were given to countries in these regions that did not meet the quota. To qualify for this visa the immigrants had to have a high school diploma or its equivalent. They also had to have at least 2 years of work experience along with 2 years of training at that job. The Secretary of State kept track of the immigrants’ age, occupation, education, and what they considered important characteristics or information. The Secretary of State issued visas to the immigrants who met all these qualifications using random selection. The children and the spouses of the immigrants that were approved were also granted visas to obtain permanent residency.
This was followed in 1996 with The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The IIRIRA eliminated the term “entry,” replacing it with “admission.” An application for admission occurs whenever an alien arrives in the U.S. regardless of whether the arrival occurs at a designated port-of-entry. Applicants at either designated ports or otherwise must submit to an inspection by U.S. customs, even if the applicant possesses an immigrant visa.
On March 1, 2003, the Department of Homeland Security opened, replacing the INS. Within the Department, three different agencies – U.S. Customs and Border Enforcement (CBE), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE) – now handle the duties formerly held by the INS.
Immigration law is constantly being challenged and changes as needs and times change.
Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com
Tags: homeland security, immigration agencies, immigration law, immigration visa
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