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Archive for General Law

Some Trump and Rump

Wednesday, May 22nd, 2013

     This is a blog of two stories. I was just told that “you can’t title your blog with that!”.  Am I being rebellious as we get closer to a long weekend?  Well, I could blog on how good the new “Special K Popcorn Chips” taste, but that does not qualify as legal blogging. Instead, here is my defense for the blog title… the news.

     First to Donald Trump. The Chicago Sun-Times reports that Trump stood in the lobby of the Dirksen Federal building last week and verbally attacked an 87-year-old Chicago woman. She has filed suit against Trump, claiming that he ripped her off when he sold her two $1 million dollar condo units in Trump Tower.

     Earlier in court, Trump and the lady’s lawyer had gotten into verbal sparring matches that included the Judge becoming so exasperated that she finally interrupted both of them and admonished them by saying, “You’ve got to stop it. Do you think the jury likes this?” Then, the Judge added, “If you think the jury likes it, I can assure you they don’t. You’re wasting your time.”

     The plaintiff, Jackie Goldberg, claims that Trump deliberately misled her when he promised her a cut of the profits from the Tump International Hotel’s two ballrooms and catering business,  if she bought both condos. She then claims that he snatched back control of the ballrooms after she had signed the deal and paid her deposit.

     In the lobby later, Trump had lowered his tone but went on to attack the plaintiff by telling reporters that his opponent is a “sophisticated investor” and that “She owes me $500,000 and is just using the ballroom as a ruse to get her money back. She’s trying to rip me off, she really is.”   

     Trump claims that “Nobody that I’ve ever seen has ever played the age card better than her. She knows everything that’s going on and it’s disgraceful”.

     Goldberg’s lawyer claims that “she comes from a different era when people like Donald Trump didn’t exist. She comes from an era when a deal was a deal”. Trump has testified. Ms. Goldberg’s testimony is to follow. It sounds like he has met his match!

     And to the final story. Of course, I could have stopped at the first one about Trump, but then I would not have had my blog title.

     From the NY Daily News, a workout that the plaintiff claims just was too hard. A New York lawyer claims that his sessions with a personal trainer have left him in disabling pain whenever he sits. 

     Plaintiff Neil Squillante says in his lawsuit that he told his personal trainer about his sore arms. His trainer just laughed at him and told him that the soreness was just “normal”.

     Squillante came back for more workouts and claims that after the third workout, he could not work at his computer. His lawsuit is seeking damages for improper instruction and supervision.

     The training company advertises that they also provide instruction and personal trainers to celebrities. As the lawyer added, he went to them and trusted the trainer because he was told that they are “Beyonce’s secret weapon”.

     The lawsuit could be serious, so I am not giving an opinion on it. Still, I had to go with some workout pictures for pic o’ day. Here’s “Workout Cat” and the “Push-up Family”.

workoutcatpushup

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The Divorce Decree Charmer

Tuesday, May 21st, 2013

     This is one of those news stories where I barely know where to start. Of course, I start. I do so after receiving a reminder about yesterday’s blog that “you could have made 4 blogs out of that one”. In other words… it was way too long!

     So, let’s head straight for the bacon.Bacon

      To South Carolina and a story from the “SummervillePatch“ .

     A Summerville man has been charged with one count of forgery unrelated to money. He wanted to please his girlfriend. So, he came up with a unique idea. He sent her a copy of his divorce decree. Of course, the blog does not stop there.

        ”Mr Summerville” was not divorced. Instead, he made a fake divorce decree and forged his wife’s signature.  He allegedly used the divorce decree from his first marriage; altered it to fit the current wife complete with wife’s fake signature and then mailed it to his girlfriend. 

     Now, he faces a misdemeanor charge for the forgery of a court document that brings a potential prison and a fine. Maybe flowers or a 6 foot bear would have been better to send. OK, maybe not the bear.

     And now to my favorite part… pic o:

Tip over

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What is Virginia’s Statute of Limitations?

Wednesday, May 15th, 2013

     Who is Limitations and why is there a statute named that ? ice cream

     Yes, that’s probably the kind of question that I would have asked when I was a kid. For the same reason that I thought that the song  we were singing in church was, “Bringing in the sheeps… we shall Columbus, Georgia”,  instead of “Bringing in the Sheaves… We shall come rejoicing”.  That’s what happens when you sing what you hear, when you can’t yet read. Like Statute of Limitations, not statue of limitations.

     Of course, I really am doing a round about discussion of the question, “How long do I have to bring a lawsuit”? Well, below is a quick chart on some civil actions, provided from Lawyers.com.  Separately, ”When does the statute start to run” is a question that is sometimes argued to a Judge. 

      Still, even with the following chart, it still can be a bit confusing. kinda like:confusion chart 

Assault and Battery, 2 years

Va. Code § 8.01-243(A)

Contract (in writing), 5 years

Va. Code § 8.01-246(2)

Contract (oral or not in writing), 3 years

Va. Code § 8.01-246(4)

False Imprisonment, 2 years

Va. Code § 8.01-243(A)

Fraud, 2 years

Va. Code § 8.01-243(A)

Enforcing Court Judgments, 20 years

Va. Code § 8.01-251        

Legal Malpractice, 3 or 5 years (Depending on the type of contract or agreement)

Va. Code § 8.01-246(2) or (4)

Libel, 1 year

Va. Code § 8.01.247.1

Medical Malpractice, 2 and up to 10 years (Depending on the type of malpractice and when it’s “discovered”)    

Va. Code § 8.01-243(A) and (C)

Personal Injury, 2 years

Va. Code § 8.01-243(A)

Product Liability, 2 years

Va. Code § 8.01-243(A) and (B)

Property Damage, 5 years

Va. Code § 8.01-243(B)

Slander, 1 year

Va. Code § 8.01.247.1

Trespass, 5 years

Va. Code § 8.01-243(B)

Wrongful Death, 2 years

     So for pic o’ day, just in case you aren’t interested in a chart, how about a little lawsuit adversity that compares to… hand meets fist? I know… it’s getting crazy!

hand meet fist

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Bible Verses for Cheerleaders

Sunday, May 12th, 2013

Here is a story from Utah’s Deseret News with an unusual combination. It is a pairing of cheerleaders and Bible verses. Plus, the cheerleaders won.

cheerleaders

A Texas judge has ruled that Kountze High School cheerleaders were not violating the Constitution by displaying spirit banners at football games, that included Bible verses. This ruling occurred after an attorney on behalf of an Atheist group had filed a complaint that originally started the court case.

Judge Steven Thomas ruled that the school district can permit the banners under the establishement clause, but it is not required to do so. The judge left a crack in the door for additional argument after stating that there was still a basis for the school board to exercise editorial control over such displays as banners.

Those responding on behalf of the cheerleaders are calling it a victory because the banners remain displayed. Their attorney added that, “The message that this decision sends is, it is impermissible for the government to ban the private speech of students”.

The opponents of the decision continue to argue that, “In our opinion, this court just said that Christianity is an official school religion”. They also indicate that they may look to Federal Court for relief. For now, the fifteen banner-hanging cheerleaders are the winners.

One final note unrelated to the blog subject; I truly got to celebrate Mother’s Day. I was so fortunate to spend Saturday with my mother and then Sunday with my mother-in-law. As the old proverb/saying says, “A mother understands what a child does not say”.

And for pic o’ day, I am posting one from my Mom… one from the country!

city dog

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A Claim for Insomnia

Tuesday, May 7th, 2013

     From 2004 through 2007, attorney Victoria Anderson worked for Discovery Communications. She was commended for her strong technical, legal and drafting skills. Her annual reviews did note that she needed to improve her organizational and interpersonal skills. She needed to do better in getting along with others.

     Acccording to an article in ”Virginia Lawyers Weekly” (Deborah Elkins), in October of 2006, Anderson took a leave of absence from her employer under the Family and Medical Leave Act. She was having difficulty sleeping. 

     Testing ruled out sleep apnea. Her physicians determined that she was suffering from fatique, sleep deprivation and insomnia and prescribed her Ambien, to help her sleep. Anderson then returned to her job in November. She came with a doctor’s note that advised that her daily work schedule had to be limited to eight hours.  After two follow-up doctor appointments, in December she was then released without any work restrictions.

     When Anderson returned to work, she advised her employers that she could only work between the hours of 11:00 a.m. to 4:00 p.m. Her employers advised that they needed her to work a full 40-hour work week because their core business was during the hours of 9:00 a.m. to 6:00 p.m.

     In December of 2007, Her employer fired Anderson, claiming that she had entered inaccurate time entries for her work; refused to accept a performance plan, and had a ”combative, difficult, and manipulative” nature.

     Anderson sued her employer. The case was styled Anderson v. Discovery Communications LLC.  Her lawsuit was based on her claimed rights under the Americans with Disabilities Act.  

     The Federal Court judge granted summary judgment for the employer. She appealed to the 4th Circuit. The 4th Circuit upheld the lower court’s dismissal; and the appellate panel, in an unpublished opinion, ruled that “sleep patterns vary between individuals and even during a person’s lifetime. On this record, Anderson simply failed to present evidence creating a genuine issue of material fact as to whether she was ‘substantially impaired’ in December 2006, as a result of her insomnia”.

    Separately, Anderson had also brought an action for retaliation and an interference claim. That also was dismissed because she remained employed and was given full benefits until her termination. According to the Court, the employer had a legitimate reason to terminate her; based on her untrustworthiness in completing time sheets and poor communication skills.

     In simple terms the Court was saying… The End.

     And this pic o’ day just seemed topical!

a nap

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Seat Belt Counting

Monday, May 6th, 2013

     Virginia’s relies on good old-fashioned research. It hires students to count the people wearing seatbelts in vehicles.

     Seatbelt counting

     OK, I know that I shouldn’t, but doesn’t this give me another excuse to post Eli Manning’s picture?

Eli

     I know, I am probably the only person that sees humor in this. So, just bear with me. Pretend that it really does make the point that he is really watching and paying attention. What… not so much?

     Anyway, PilotOnline reports that Virginia has hired surveyors to stand on the side of the road and look into cars, to see if people are wearing their seat belts. Those hired are trained to mentally capture about a half-dozen details in about 3 seconds, as cars pass by. Was the driver male or female? On a cellphone? Was the passenger wearing a seat belt?

     All this is done to collect data all across Virginia, to help contribute to a constant collection of research on safety “in the Commonwealth”. The workers are paid through a grant with salary, or an average per hour pay of about $12-$15 dollars per hour, on a contract basis. Each survey lasts about an hour per location.

     Currently, Virginia is one of seventeen states that classifies a “failure to wear a seat belt” as a secondary offense; which means that a person can only be ticketed for not wearing their belt,  if they have another traffic violation as well.

     The National Highway Traffic Safety Administration estimated last year that there was a marked increase of Virginians wearing their seat belts. That translated into Virginia having about 36 fewer traffic deaths, 544 fewer serious injuries and $138 million less in costs.

     According to the surveys, last year about 78.4% of daytime drivers were wearing seat belts. It found that male drivers buckled up at a rate of about 7% less than female drivers. However, as one surveyor put it, she has seen, “little, old grandmas driving to church” not wearing their seat belts while “hard-looking teenagers with their music blaring” are cautiously strapped in.

     All of it is a reminder to wear our seat belts. Currently, there is also a move to change the law and make the failure to wear a seat belt, a stand-alone traffic offense.

     And now for pic o’day… a bit self-explanatory:

FB Pose

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Woes of an Ex-Doctor

Wednesday, May 1st, 2013

     This is a tale of woe from Staunton, Virginia. (NewsLeader.com)  Charles K. Weisman had his medical license suspended  after  the Board of Medicine determined  that he had smoked marijuana at his practice, kept alcohol in his office, prescribed testosterone to himself, swore at patients and kept faulty records. I know, you almost have to read that sentence a second time to take it all in.

     Like a bad ad, imagine hearing the voice that says, “But wait, there’s more”.  Weisman was also accused of misdemeanor sexual assault against two female employees. Those charges were later amended to simple assault and then ultimately dropped. Then, in his continuing events of life;  in 2009, a Staunton store owner accused Weisman of trespassing after the two men argued over storage space. (2009)

     I know you’d rather hear that exciting voice screaming, “set it…and forget it”. Instead, let’s stay with the same theme…”But wait, there’s more”.  In 2011, a judge found Weisman not guilty after Weisman was initially charged on a misdemeanor charge of obtaining money by false pretenses, after he was accused of giving a man a foot rub but trying to charge him for an X-ray at his Day Star Medical Center.

     A month later, his girlfriend brought an assault and battery charge against him,; Ultimately, that was taken under advisement and dismissed. 

     Now, what is going on in his life?… Yes, there is more.

     This past Tuesday, he was found to be operating a heating, ventilation and air-conditioning business without a license, and was convicted  on a misdemeanor charge of violating Virginia’s Profession and Occupation act.

      So, I guess we are all caught up. Maybe we should check in on him in a couple of weeks!

     And for pic o’ day, I thought I would stay in a bit of the theme:

Line up

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Mom’s Lawyer Joke

Monday, April 29th, 2013

     Typically, lawyers don’t get real excited about lawyer jokes. It’s that whole “it’s a profession” thing. I have even been to seminars where the speakers chastise anyone for ‘participating in the telling of lawyer jokes”. lawyer cupcakes     With that thought, I don’t want to make my “brethern or sistern in law”, bothered at my participation in lawyer jokes. Still, the following was sent from my Mom. It really isn’t a “lawyer joke”, so maybe I am still safe.

     One final note on “Mom’s joke”. Of course,  no one is suggesting that this really happened or that this is appropriate conduct. (Have I covered all my bases now!!!!) On to Mom’s joke:

A plaintiff in a lawsuit involving large sums of money was talking to his lawyer. “If I lose this case, I’ll be ruined.” “It’s in the judge’s hands now,” said the lawyer. “Would it help if I sent the judge a box of cigars?” “Oh no! This judge is a stickler on ethical behavior. A stunt like that would prejudice him against you. He might even hold you in contempt of court. In fact, you shouldn’t even smile at the judge.” Within the course of time, the judge rendered a decision in favor of the plaintiff. As the plaintiff left the courthouse, he said to his lawyer, “Thanks for the tip about the cigars. It worked!” “I’m sure we would have lost the case if you’d sent them.” “But, I did send them.” “What? You did?” said the lawyer, incredulously. “Yes. That’s how we won the case.” “I don’t understand,” said the lawyer. “It’s easy. I sent the cigars to the judge, but enclosed the defendant’s business card.”

     And for pic o’ day,

goldfish v

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Criminal Case House of Cards

Tuesday, April 23rd, 2013

     The Pittsburgh Post-Gazette describes the disgusting case of a man who is accused of downloading pictures of minors, and then being charged with possession of child pornography. Normally, I would not blog on this kind of case except that the reporter’s description shows a course of events from denial to finally admitting criminal conduct. An anatomy of a criminal investigation.

     A vice president of computer network security  has been charged with downloading and sharing images of minors. It surprised me that his position included computer security. As a background,  45-year-old Duane Amity is married with two children.

     The FBI first began its investigation when it received a tip that someone was using a specific Internet provider address to share documents, with files names that suggested child pornography. The FBI then subpoenaed Verizon Communications for the IP address, and based on that information then executed a search warrant at the indicated address.

     In response to the subpoena, nearly 3000 files were flagged. In the text of the files, investigators found the term “PTHC” in several search returns; and file descriptions similar to the ones that possibly contained child pornography. Now the evidence was taking shape.

     In one folder, investigators found more than 900 images, which had been deleted or were no longer “active” on that computer. Some of the images appeared to be of young girls. When questioned, Amity told investigators that he did know that “PTHC” often stands for “pre-teen hardcore”, because of his personal computer investigations at work.

     At that point, Amity did deny ever seeing anything relating to the text file, at first, and also said that he “did not know anything about child pornography”.  As the investigation proceeded, Amity then admitted that over the last ten years, he had looked at child pornography only to then delete the images (The walls starting to crumble)

     Then, Amity could not explain why he would look at these images except that he claimed that he had been molested as a child. Subsequently, he volunteered that he denied ever improperly touching a child or sharing any child pornography photos, but that something could have happened accidentally.

     Then, Amity told investigators that he decided that he needed counseling. He apparently emotionally exhaled by stating that, “although it sounded odd, this investigation was a God send to him and his wife”.

     His attorney then told the Pittsburgh reporter that, “I would say based on his cooperation so far, I see a young man who is a victim in his own way from (past) experiences, who just wants to put this behind him. So I don’t see any reason why he would stop cooperating.”

     Here are a few observations after reading this article. First, I see that this man admits that he did these acts. However, I do not see where he ever accepts responsibility. His blame never points inward. Second, his admission that something might have happened ”accidentally” builds on that thought. Third, I am not sure how he thinks that he is simply going to put this behind him. Finally, I wonder how old his attorney must be,  if he is calling his 45 year-old client a “young man”.

    After this type of blog topic, I didn’t think Pic O’ would be appropriate.

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CVS Racist Receipt Lawsuit

Monday, April 22nd, 2013

Ching Chong receipt

 

 

     A Korean woman is suing CVS drug store for one million dollars (KVUE.com) as a result of this receipt on the left. The New Jersey woman was picking up photos from the drugstore when she noticed that the cashier had identified her as “Ching Chong Lee” on her receipt.

     Hyun Lee contacted CVS customer relations to complain about the racial Asian slur, but simply received an email to advise that the CVS employee would be “counseled and trained.” Lee was angered that the employee was not immediately terminated. So, she hired an attorney.

     Her attorney has told reporters that Lee “never got an apology. She never got anything further after she complained”. Now, a discrimination lawsuit has been filed in Camden, New Jersey, against several CVS corporations and the unnamed cashier. It also appears that the cashier is still there. The attorney added, “She will not return to that CVS until that employee is removed”.

     Lee has filed suit seeking damages due to “injury, mental anguish, severe emotional distress, harm and damages.” She continues to be angered with the CVS lack of response..

     Other companies have issued apologies after their employees used racial or ethnic slurs on receipts. Papa John’s fired an employee after a customer received a receipt which called her “lady chinky eyes.” A California Chick-Fil-A cashier was fired in 2011 after reportedly using “Ching” and “Chong” to identify two Asian-American customers.

     Not much else to add to this. Employees who think receipt humor will have no repercussions!

      And for pic o’ day, a reminder that life can be full of surprises!

Surprises

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