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Tips for Talking to a Lawyer on the Phone

Almost everyone knows that you have a right to counsel if you've been charged with a crime. People will also be inclined to seek out a lawyer if they want to file a lawsuit, or if they're being sued. But, there are many other instances where a lawyer can be very helpful.For example, it's usually a good idea to consult with a lawyer while planning your estate because he or she can ensure that your estate plan is in compliance with your state's laws, and can advise you on how to reduce your estate taxes. But, how do you decide when to call an attorney? And how do you decide if the attorney you call is right for you? These are valid and important questions to ask yourself when you're thinking about hiring an attorney. Read on for some tips for talking to a lawyer on the phone. How Do I Find a Lawyer? If you have friends or family who have already used a lawyer (that they were happy with) in a similar legal matter, it's a good idea to ask them for the lawyer's contact information. But, maybe you don't feel comfortable asking someone you know for a lawyer recommendation because you want to keep your legal matter private. While recommendations are helpful, there are other ways to find a lawyer, including researching the attorney online. You can read reviews and it's also a good idea to research a lawyer's discipline record. The First Call Whether you found a lawyer through a recommendation or you found one through your own research, the first call can be very important. For this reason, it's important to be prepared for this conversation.First, you should have a list of questions ready to ask the lawyer, including questions about his or hers experience with legal matters such as yours. Second, you should have a fairly detailed summary of the legal matter that you're seeking counsel for. If you have any documentation related to your legal matter (such as a complaint you've been served), it's a good idea to have those documents in front of you.Finally, talking to a lawyer on the phone will help you to also get a feel for his or her personality, including the lawyer's ability to explain things clearly. Just remember that the initial conversation with a lawyer is not only the time for the lawyer to decide whether he or she wants to take the case, but also for you to decide if you want that particular lawyer for your legal issue. Related Resources: Find an Attorney Near You (FindLaw's Lawyer Directory) Guide to Hiring a Lawyer (FindLaws' Learn About the Law) Should I Have an Annual Legal Checkup With a Lawyer (FindLaw's Law and Daily Life) 5 Reasons to Hire an Attorney Decades Before You Retire (FindLaw's Law and Daily Life)
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When Is It Illegal for a Nursing Home to Evict Residents?

There are broad legal protections for nursing home residents. Federal and state laws prevent nursing homes from arbitrarily evicting patients, a process called 'involuntary discharge.' Yet complaints about wrongful nursing home evictions are rising. It's a problem that wraps up the care needs of resident patients with the difficult realities of running a nursing home. Prohibited Nursing Home Evictions Federal law protects against abusive nursing home practices, including unjustly evicting sick patients. Often complaints center on homes making room for more desirable (paying) patients, which is prohibited under law but affects a home's bottom line. Nursing homes are required to ensure that discharged patients have someplace to go as well. These federal requirements are tied to a nursing home's receipt of Medicare and Medicaid certification and funds -- which are important to the industry's credibility and business viability. Federal enforcement of violations is out there. Many states have similar legal protections and enforcement agencies. Protecting Nursing Home Rights While legal protections exist, it's important to understand their limits. Nursing homes can involuntarily discharge patients in specific situations. Patients whose needs can't be met or whose presence poses risks to other patients can be discharged. Failure to pay is another reason. It's not uncommon for patients to come in on Medicare only for their benefits to run out. When that happens, costs aren't covered and eviction becomes possible. Wrongful Evictions: What to Do? You and your loved ones have rights against wrongful eviction from a nursing home. You can file a complaint with a federal or state regulatory agency, or else contact a local elder law attorney for help. Related Resources Find Elder Law Lawyers Near You (FindLaw's Lawyer Directory) Nursing Home Residents: 5 Legal Rights (FindLaw's Law & Daily Life Blog) Protecting Nursing Home Residents from Eviction (FindLaw's Learn About the Law) As Nursing Homes Evict Patients, States Question Motives (NPR)
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Pamela Mackey and Saskia Jordan Successfully Defend Insider Trading Case Filed by the SEC

A decade ago, Roger Parker told two of his closest friends that billionaire Kirk Kerkorian was about to buy a 35 percent share in his Denver-based company, Delta Petroleum Corp.  Five years later, the U.S. Securities and Exchange Commission (SEC) filed an insider trading charge against Parker, alleging that the tip he provided generated more than $890,000 in illicit profits. One of Parker’s friends, Michael Van Gilder, pleaded guilty to a federal criminal charge of illegal insider trading, while the other friend, Scott Reiman, settled with the SEC, giving back more than $800,000 without admitting or denying guilt. But Parker, who was CEO of Delta Petroleum at the time, faced a civil complaint filed against him by the Securities and Exchange Commission and spent the last five years fighting the charges. Thanks to the excellent work of his attorneys, Pamela Mackey and Saskia Jordan, partners at Haddon, Morgan and Foreman P.C. in Denver, he was acquitted in a recent federal jury trial. The two-week trial in U.S. District Court occurred after an initial trial that ended with a hung jury.  Van Gilder testified that he did not scheme with Parker to earn a profit and Reiman invoked his Fifth Amendment right against self-incrimination. Throughout the trial, Mackey and Jordan argued that although Parker had passed along confidential information to his two friends, he did not profit from the tipping. “They kept the information secret from Mr. Parker,” said Mackey in her closing argument. “He had no information about any trading until the FBI showed up in 2012.” That argument was crucial to the successful conclusion of Parker’s case, since the SEC needed to prove that Parker expected his friends to act on the tip, and that he personally profited from the scheme.  In fact, Parker testified that Van Gilder and Reiman betrayed his professional relationships with them as well as their friendship by profiting from the conversation. Both Mackey and Jordan are experienced Colorado criminal defense lawyers who have handled a number of high-profile cases. For instance, Mackey represented Los Angeles Lakers star Kobe Bryant when he was charged with sexual assault. Jordan has represented defendants charged with white-collar crimes, SEC violations and sexual assaults; plaintiffs and defendants in civil fraud trials; and professionals in regulatory actions and civil trials. Because so many SEC cases end in settlement, it is encouraging to see yet another case won at trial, especially by two amazing women defenders. More and more civil enforcement actions need to be tested in the court system. As I have said before, anyone can champion a winning theory in a conference room. It is entirely different to test that theory in a courtroom. Congrats to Pamela and Saskia! The post Pamela Mackey and Saskia Jordan Successfully Defend Insider Trading Case Filed by the SEC appeared first on Women Criminal Defense Attorneys.
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DeVos Plans to Dismantle Standards for Campus Sexual Assault Investigations

Donald Trump's new Education Secretary Betsy DeVos announced plans to rescind a six-year-old policy issued by Barack Obama's administration that advised colleges and universities on how to handle sexual assault allegations on campus. "Washington has burdened schools with increasingly elaborate and confusing guidelines that even lawyers find difficult to understand and navigate," DeVos told a crowd at George Mason University. "That's why we must do better, because the current approach isn't working." But DeVos wasn't as clear about what the new approach would look like as she was about rebuking the old approach. So where does that leave victims, alleged abusers, and schools trying to meet their legal obligations? Out With the Old In 2011, Obama's Department of Education issued what is known as a "Dear Colleague" letter, addressing the requirements of colleges and universities under Title IX of the Education Amendments of 1972 in regards to sexual violence on campus. Schools must "take immediate and effective steps to end sexual harassment and sexual violence," including a prompt investigation of any incident the school knows of or reasonably should know of, and apply a "preponderance of evidence" standard to determinations based on sexual harassment allegations. According to DeVos, this system "has failed too many students." "Survivors, victims of a lack of due process, and campus administrators have all told me that the current approach does a disservice to everyone involved," she said, adding, "That's why we must do better, because the current approach isn't working." In With What Now? What the new approach will be, however, isn't immediately clear. DeVos announced plans to "launch a transparent notice-and-comment process" to formulate new guidance on sexual assault investigations, presumably to standardize procedural elements and protections across all schools. One of the issues that many, including the American Bar Association, have highlighted in prior critiques is the lack of due process protections for both victims and accusers in on-campus hearings, along with the lack of uniformity in schools' reporting, investigating, punishment, and appeals processes. "We can do a better job of making sure the handling of complaints is fair and accurate," DeVos promised, but how that job will be done remains to be seen. Related Resources: DeVos Announces Plan to Revamp Obama Administration Guidance on Campus Sex Assault Investigations (ABA Journal) Columbia Settles Title IX Lawsuit Filed by Student Accused of Rape (FindLaw's Decided) University May Raise Tuition to Fund Sexual Assault Investigations (FindLaw's Law and Daily Life) Are Schools Using Student Privacy Laws to Cover up Crimes? (FindLaw's Law and Daily Life)
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Is Police Body Cam Footage Public Record?

Over the past few years, more and more police departments have adopted the use of officer body cams. The devices attach to an officer's uniform and record what the officers do while on duty. However, there is no uniform law of the land when it comes to the public's right to access the footage from the body cams. Depending on the local jurisdiction, or state, different standards are used for the release of the footage. Some will only allow the footage to be released publicly as part of a criminal or civil trial (as the law requires the disclosure then), while others allow the recordings to be released on YouTube (after private and identifying information is edited out). Video for the People, Not of the People The purpose of police body cams is to engender the public's trust. The idea is essentially that officers will be less likely to not follow the rules, and will be more likely to do everything exactly by the book, if there is a video record of all their actions. These cams can also provide evidence of corrupt police practices, at least when the corrupt officers are not selectively recording with their body cams. The recordings are not just of public civil servants (police officers), but the individuals they encounter are, naturally, caught on camera too. This complicates public disclosure as private individuals have privacy rights, even when they are out in public. Those privacy rights can be violated by allowing the public unfettered access to the footage. A simple example involves a traffic stop. If an officer is not careful when handling a pulled over driver's documents, or the footage is not redacted/edited before it is released publicly, a person's driver's license number, address, height, birth date, and (alleged) weight, could all be captured by a body cam. Who's Watching? Unfortunately, due to the sheer volume of police body cam footage, it would likely be impractical, or a drain on police resources, for all of it to be reviewed. Instead, generally, departments review the footage when necessary to review high profile incidents, arrests that lead to prosecutions, or sometimes when officers need help to remember what happened for their reports. Also, when complaints against officers are made by the public, or other officers, the body cam footage can be reviewed. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Police Body Cameras: What Defendants, Victims Need to Know (FindLaw Blotter) Body Cams Embraced, But Who Will Have Access to Footage? (FindLaw's California Case Law) How Does the iPhone's New 'Cop Button' Work? (FindLaw Blotter)
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Defense Secretary Puts President Trump’s Transgender Ban on Hold

In the wake of President Donald Trump's proclamation that openly transgender individuals be discharged from the military, in addition to the lawsuits, there has been some pushback from an unexpected source: the Secretary of Defense, General James Mattis. After sources reported that the general was appalled by the president's proclamation, soon after, he came out with a plan that effectively puts the ban on hold. While socially, and politically, transgender rights are a polarizing and controversial issue, it may not be possible to read anything more than prudence into Mattis's actions. Making a sweeping change like this to the military requires careful planning and assessment. What's Mattis's Hold Up? The general, reportedly, has instituted the hold on implementing the newest ban in order to study the effects and strategically plan how to actually do it (and potentially even whether to do it at all). Although the president, in a series of Tweets, claimed to have met with his generals prior to implementing the ban, no general has corroborated this claim. As such, not only was the general caught off guard, but the new policy's effects had not been studied prior to the implementation. While it may be too soon for those on either side of this issue to celebrate, LGBT advocates are pleased that there is at least some relief from the abruptly announced policy that would have uprooted many people's lives. Constitutional Challenges and Civil Rights Laws The lawsuit by the ACLU that challenges the transgender military ban argues that there is no military basis for the ban. According to the ACLU's complaint, "The Trump Administration has provided no evidence that this pronouncement was based on any analysis of the actual cost and disruption allegedly caused by allowing men and women who are transgender to serve openly."The Trump administration also faces a lawsuit from Lambda Legal that challenges the constitutionality of the transgender ban. Lambda Legal's lawsuit alleges "the Ban and the current accessions bar violate the equal protection and due process guarantees of the Fifth Amendment and the free speech guarantee of the First Amendment," and "are unsupported by any compelling, important, or even rational justification."Although the new administration has taken a position that transgender individuals should not be protected under civil rights laws, there has been a steady trend in the law to protect transgender individuals. The number of states, and even federal courts, that have recognized transgender individuals as belonging to a protected class, and thus protected by civil rights laws, keeps growing. Related Resources: Trump Administration Rescinds Guidance on Bathroom Use for Transgender Students (FindLaw's Law and Daily Life) The Rise of Anti-Anti-Discrimination Laws (FindLaw's Law and Daily Life) California's Gender Neutral Bathroom Bill (FindLaw's Law and Daily Life) Here's the Latest on Trump Immigration Reform Efforts (FindLaw's Law and Daily Life)
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Knott’s Berry Farm Faces Second Log Ride Injury Lawsuit

Five-year-old Charles Miller was sitting in his father's lap on the Timber Mountain Log Ride at Knott's Berry Farm in California when the ride came to a screeching halt after the last drop. According to a lawsuit filed against the theme park by his father, Miller flew forward, forcing his head to be "sandwiched between his father and the back of the seat causing an orbital blowout." Miller suffered a fractured eye socket, and the lawsuit claims Knott's Farm negligently maintained the ride. It turns out this is not the first problem with the log ride or the first lawsuit filed against the park: the family of a 6-year-old girl settled with Knott's Berry after she broke a bone above her right eye hitting her head on the ride, and the Miller suit cites ten other examples where guests were injured in similar incidents. Improper Water The problems for the log ride allegedly occur on the final descent into a large pool of water. According to the lawsuit: [T]he water sensing system for the Timber Mountain Log Ride was not properly monitoring the water level on the ride, especially at the bottom of the last drop, where there was improper water for proper braking, which increased the deceleration experienced by the guests in the log and contributed to their being injured by being thrown against the log's interior components. The suit also claims the California Division of Occupational Safety had previously inspected the ride, made Knott's Berry Farm aware the water sensing system was not working properly, and that the ride was operating out of compliance for almost two years. Contemptible Conduct "The conduct of the Defendants was so vile, base, contemptible, miserable, wretched and loathsome," the lawsuit claims, "that it would be looked down upon and despised by ordinary decent people." Along with compensatory damages for the child's injuries, the suit is also asking for punitive damages against Knott's Berry Farm as well as attorneys' fees. Related Resources: Child Battered by Knott's Berry Farm Log Ride, Family Says (Courthouse News) Who's Liable for Waterpark Injuries? (FindLaw's Injured) When to Sue for Theme Park Injuries (FindLaw's Injured) Disneyland Sued in 140 Injury Cases in 5 Years (FindLaw's Injured)
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ACLU, Lambda Legal Sue Trump Over Transgender Military Ban

Over the course of three tweets last month, President Donald Trump expressed his intent to ban transgender people from serving in the military. The White House made that intent official on Friday, issuing a Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security "prohibit[ing] openly transgender individuals from accession into the United States military and authoriz[ing] the discharge of such individuals. And it didn't take long for the lawsuits to follow. Both the ACLU and Lambda Legal have sued Donald Trump and his Secretary of Defense James Mattis, claiming the ban is unconstitutional and "compromises the safety and security of our country." Animus Trump's memo reverses Obama-era guidance allowing transgender individuals to openly serve in the military and allowing defense funds to cover sex-reassignment surgery. The ban would remain in place "until such time as a sufficient basis exists upon which to conclude that terminating that policy and practice would not have the negative effects discussed above." In the memo, Trumps says, "The Secretary of Defense ... may advise me at any time, in writing, that a change to this policy is warranted," but that recommendation for change must be something that "I find convincing." The ACLU claims there is no military basis for the ban: The Trump Administration has provided no evidence that this pronouncement was based on any analysis of the actual cost and disruption allegedly caused by allowing men and women who are transgender to serve openly. News reports indicate that the Secretary of Defense and other military officials were surprised by President Trump's announcement and that his actual motivations were purely political, reflecting a desire to accommodate legislators and advisers who bear animus and moral disapproval toward men and women who are transgender, with a goal of gaining votes for a spending bill that included money to build a border wall with Mexico. Amicus The claims may bear some truth. Mattis was reportedly caught off guard by Trump's tweets, and sources say he was "appalled." Lambda Legal's suit alleges "the Ban and the current accessions bar violate the equal protection and due process guarantees of the Fifth Amendment and the free speech guarantee of the First Amendment," and "are unsupported by any compelling, important, or even rational justification." This is not the first time Trump has been sued over an executive order or memo -- there are now at least three lawsuits regarding the transgender military ban alone -- and will likely not be the last. Related Resources: Find Civil Rights Lawyers Near You (FindLaw's Lawyer Directory) Military Transgender Ban to Begin Within 6 Months, Memo Says (The New York Times) Transgender Service Members Sue Trump Over Military Ban Tweets (FindLaw's Courtside) Trump Administration Rescinds Guidance on Bathroom Use for Transgender Students (FindLaw's Law and Daily Life)
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Easter Egg Hunt Injury Lawsuit: Mom Sues for $112K

The Clakamas County annual Easter Eggstravaganza egg hunt is scheduled to proceed this year with 20,000 eggs, and the Easter bunny being flown in by Helicopter, just like tradition dictates. However, a recent lawsuit for $112,000 filed against the Eggstravaganza venue and organizer as a result of an injury that occurred last year is attracting attention in the lead up to this year’s event. Although the event is geared towards participants under 12, last year, an adult who was accompanying their child was injured when the crowd rushed in, knocking her over, causing her a severe knee injury. The injury required surgery and a protracted recovery. The lawsuit alleges that the venue and organizer were negligent in not providing sufficient staff, security, and/or crowd control to ensure the safety of attendees. Event Organizer and Venue Liability The organizers of an event, as well as the venue where an event takes place, can both be held liable if an event attendee is injured as a result of negligence, such as poor property conditions, or allowing overcrowding to occur. Generally, organizers and venues are responsible for ensuring the safety of their guests, and must take reasonable steps to do so. When reasonable steps are not taken, organizers and venue owners can be sued under a legal theory of negligence or premises liability. In the Eggstravaganza case, for instance, the plaintiff is alleging that the organizers and venue allowed overcrowding to occur, and did not have effective crowd control. The complaint explains that this was case, particularly, when people who were not supposed to be on the Easter egg field, ran onto the field and knocked the plaintiff over, causing her injury. Eggshell Plaintiffs An injury victim can sometimes seem to have a disproportionately large injury given the circumstances surrounding an accident or event. However, under the law, a person with a pre-existing condition, or a high-susceptibility to injury, is entitled to recover for the full extent of their injuries. In lawyer-talk, these types of individuals are often referred to as eggshell plaintiffs, and can include the elderly, disabled, or those with medical conditions. Related Resources: Injured in an accident? Get matched with a local attorney. (Consumer Injury) 3 Easter Injuries to Avoid (FindLaw’s Injured) Is It Legal to Dye Baby Chickens? (FindLaw’s Law and Daily Life) First Grader Handcuffed After Easter Egg Tantrum (FindLaw Blotter)
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Can You Sue Your Parents for Child Abuse?

Technically, the law permits a child to sue their parents as a result of child abuse. There are no special rules preventing this type of lawsuit. However, what a child considers to be abuse may not actually be legally considered abuse. Parents are generally permitted to punish their children, which can include depriving children of luxuries such as video games, computers, internet access, a car, dating, seeing friends, or even dessert. A parent can make a child sit in the corner, go to their room, do chores, or worse, babysit their siblings. Depending on the manner in which it is done, even corporal punishment or spankings can be okay in the eyes of the law (so long as they are not excessive) . Why Children Sue Parents Even though it seems rather out of character for a child to sue their parents, it happens. Most frequently, like all lawsuits, it’s about money. Recently, the Canning family’s case in New Jersey made national headlines.The 18-year-old daughter, still in high school, was suing her parents after moving out over disagreements over the house rules. However, the legal complaint that was filed alleged all sorts of objectionable, questionable, and downright deplorable parenting, ranging from crude comments to irresponsible boozing. The matter did not make it very far, particularly after the judge denied the child’s request for an emergency child support order of $650 per week. When to Sue? In every state, the statute of limitations for a minor’s legal claims do not begin to run until the minor reaches the age of majority. That means that if a state provides a two year statute of limitations on a particular claim, and a child is injured at age 12, they will have 2 years to file their claim after they turn 18 years old. Even if an adult child is suing a parent as a result of sexual abuse, or rape, there will likely be a short statute of limitations of no more than a few years after the child turns 18. Worthwhile to Sue? Regardless of whether the law supports an abused child’s case for damages against their parents, a prospective plaintiff may want to think twice before filing suit. Even assuming that the case is winnable, whether or not a judgment can be collected from a defendant is a wholly different issue. If a parent was convicted of a criminal act related to the abuse, or is presently incarcerated, there is a strong likelihood that any judgment a plaintiff secures won’t be worth the paper it’s printed on.To find out if it’s worth your time to pursue a legal claim, speak to an experienced personal injury lawyer. Related Resources: Injured in an accident? Get matched with a local attorney. (Consumer Injury) Student Suing Parents Loses 1st Round, but Case Isn’t Over (FindLaw’s Legally Weird) Son Sues Mom, Pop for Overtime at Family Biz (FindLaw’s Free Enterprise) Homeless Man Sues Parents for Not Loving Him Enough (FindLaw’s Legally Weird)
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