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Can I Sue for a Heatstroke Injury?

Heatstroke is one of the more common causes for injuries over the summer. It occurs when a person's body temperature rises above 104 degrees due to sun/heat exposure. A person suffering from heatstroke requires immediate medical care. If left untreated, it can damage a person's brain, heart, kidneys, and muscles. Fortunately, individuals can usually prevent heatstroke by finding ways to cool down before it's too late, such as finding some shade, hydrating, even jumping in a pool, or just taking a shower. However, it is not always possible to prevent heatstroke, and sometimes, another person, or business entity, could even be liable for it. Below, you'll find three examples of when a person might be able to sue due to a heatstroke injury. 1. Employees Without Climate Control In the employment context, employers are required to maintain safe working conditions for their employees. In non-climate control environments, this requires ensuring employees have sun protection, the ability to stay hydrated, and are able to get relief from the heat. Even when an employer makes every effort to prevent employees from suffering a heatstroke, if it happens on the job, the employee will likely be able to qualify for workers' compensation. 2. Kids and Supervision When children play outdoors during the summertime, generally, whoever is supervising the children could potentially be liable if a child is injured due to overheating in the sun. This is due to the fact that preventing it is as easy as making sure kids drink water and don't stay in the sun too long. During heat waves, schools will often hold recess indoors to mitigate this risk. Day care facilities, after school programs, recreational sports coaches, schools, and even individual babysitters and other parents can be held liable if a child in their care is injured. 3. Outdoor Activities and Events Businesses and event organizers can also face liability to individuals that suffer heatstroke at their events or on their premises. Generally, if there are outdoor features, or it is an outdoor event or business, consumer safety is important. Events need to make sure that there are heat relief areas that can help cool people down and help people hydrate. Businesses need to be cautious with outdoor activities and ensure they monitor, or minimally warn, consumers for heat injury. Related Resources: Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory) How to Avoid Heat Stroke: Elderly at Risk With Temperatures Soaring (FindLaw's Common Law) Fan Sues Dallas Cowboys for Burned Butt (FindLaw's Injured) NYC Inmate 'Baked to Death' in Hot Jail Cell: Report (FindLaw's Injured)
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Here’s the Latest on Trump Immigration Reform Efforts

It's not untrue to say that Donald Trump has had a 'busy' presidency -- the Twitterer-in-Chief has been as active on social media as he has been with executive orders. But many of those orders have been met with litigation and currently stand somewhere in legal limbo between lawsuits filed and Supreme Court review. One of Trump's most active areas of executive authority has been immigration. Here's the latest on Trump's immigration reform efforts, where they stand (legally speaking), and what they could mean. 1. Trump's Travel Ban Headed to Supreme Court Perhaps Trump's most infamous executive order on immigration, and certainly his most litigated one, is the attempted ban on immigrants and refugees from several majority Muslim countries. Blocked by federal circuit courts, rewritten, then blocked again, the Muslim ban is now in the hands of the Supreme Court, although many of the main legal issues may be moot by the time the Court hears oral arguments. 2. 3 Important Facts About Sanctuary Cities for Immigrants and Opponents Trump has also threatened to withhold federal funds from so-called sanctuary jurisdictions -- cities and states that decline to cooperate with federal immigration enforcement. It's a legally touchy subject, since immigration is largely a federal matter and there are constitutional protections against federal departments controlling state and local law enforcement, and many of those jurisdictions have sued in response. 3. How Would a 'Merit-Based' System Change Immigration? While battling illegal immigration, Trump also wants to shift the focus of legal immigration from birthplace and family considerations to employment and education qualifications. The president-supported RAISE Act would also slash the number of refugees and visa applicants allowed into the country every year. 4. Mixed Immigration Messages? Trump Administration's Latest on DAPA, Dreamers Trump rescinded Barack Obama's Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, last June. But the new president has yet to decide on the old president's Deferred Action for Childhood Arrivals, DACA, leaving many apprehensive about their immigration status. 5. Can Undocumented Immigrants Attend Public School? In the meantime, immigrants must go on with their daily lives even though their legal status is uncertain. The Supreme Court has said that public schools can't bar undocumented immigrant children from K-12 education, or charge them extra to attend. If you're unsure about your immigration status or need legal help, contact an experienced immigration attorney in your area. Related Resources: Find Immigration Lawyers Near You (FindLaw's Lawyer Directory) Top 7 Immigration Laws for Families (FindLaw's Law and Daily Life) Trump's Executive Order on Immigration: What Does It Mean When a Judge Issues a 'Stay'? (FindLaw's Law and Daily Life) What Power Does the President Have Over Deportation Policy? (FindLaw's Law and Daily Life)
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Daycare Owners Sued for Hiring Negligence After Child’s Death

"As parents, we trust that our children are safe while they are under the supervision of organizations like Community Nursery & Preschool, and that those individuals taking care of our children are responsible, qualified, and professional care providers. When organizations and individuals betray that trust, the consequences can be tragic and heart-breaking." That sounds like some of the openings we've had to write in response to children being injured or killed while at daycare. In fact they're the words of David S. Cain Jr., an attorney representing the family of 5-year-old Kamden Johnson, whose body discovered in the driveway in Mobile, Alabama last week. The family is suing the daycare Kamden was supposed to be attending on the day he was found, claiming the company was negligent in screening and hiring Valarie Rena Patterson, who has also been charged with multiple crimes relating to the boy's death.An Avoidable Tragedy Though all the details are not yet known, it sounds like Kamden was another tragic victim of being left in a hot van for too long. Kenya Anderson, the Director of the Community Nursery & Preschool Academy, told AL.com that Patterson was in charge of shuttling children between daycare facilities. Kamden was a passenger in the morning, but Patterson allegedly told Anderson she didn't pick him up for the afternoon rounds. Anderson, along with Community Church Ministries, Inc. and owners Carl and Angela Coker, are named in the lawsuit, which claims the daycare failed to conduct a background check on Patterson before her hiring. A Knowable Past According to law enforcement, that background check would've been revealing. AoL.com reports: Mobile County jail records show Patterson's arrest history dating back to November 1991 for three counts of second-degree theft of property charges, two counts of first-degree theft of property, two counts of third-degree theft of property, no driver's license and failure to appear in court charges. She was arrested a second time in August 1999 in Florida on first-degree theft of property, giving a false name to police and fugitive from justice charges. Court documents show that Patterson used an alias name of Valarie Hardy during that arrest. She was arrested a third time in October of 2007 on a fugitive from justice charge. In this case, Patterson has been charged with corpse abuse and manslaughter. Whether the Community Church daycare performed its due diligence in hiring Patterson may be a question left to another jury. Related Resources: Find Wrongful Death Lawyers Near You (FindLaw's Lawyer Directory) Child Injured at Day Care: Should You Call a Lawyer? (FindLaw's Injured) 3 Most Common Injuries in Daycare (FindLaw's Injured) Signs of Daycare Abuse (FindLaw's Injured)
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Tips for Handling a Child Care Notice of Action

For low-income families, access to child care can be crucial. After all, if you can't trust that your child will be cared for while you're at work, you're probably not going to work. But as many parents know, finding affordable child care is a challenge. So there are local, state, and even federal programs in place to help working parents afford day care for their children. While these services can change the lives of low-income families, the subsidies themselves are subject to change. When that happens, parents will often receive what is known as a "Notice of Action," advising them of the change. This can be a scary process, so here is some information on the notices and how to handle them. Don't Panic Subsidy programs may be complicated, with overlapping rules, regulations, and requirements, all of which seem like they can change at any moment. Many parents can become overwhelmed by the bureaucracy of it all, or get lost in a program's details. Just know that a Notice of Action doesn't necessarily mean the end of your child care subsidy, and that you can navigate the subsidy process. Do Appeal You have the right to appeal any change in your child care services. But beware -- the time is short. In most cases, you will only have 14 days to file an appeal, and must do so through a local agency, either a child care provider or a city or county entity. There are generally two levels to the appeals process: a hearing at your local agency, or a letter to the state department of education. Contact information for your local agency to request a hearing can be found on the Notice of Action. Don't Ignore It Not all changes to the child care subsidy require a Notice of Action, so even if you didn't receive a notice, your subsidy could change. If you didn't receive a Notice of Action -- if you were notified regarding a change in your subsidy by phone, for instance -- you can request a notice. Don't wait on a formal document, or think that because you didn't get a notice, your subsidy can't change. Be proactive in the appeals process. Do Seek Help If you have questions about the subsidy appeals process or want help appealing a change to your child care subsidy, there are organizations that can help. And you may want to contact an experienced family law attorney as well. Related Resources: Find Family Law Lawyers Near You (FindLaw's Lawyer Directory) Power of Attorney for Child Care (FindLaw's Law and Daily Life) Be Tax Savvy! Deduct Daycare Expenses (FindLaw's Law and Daily Life) 5 Legal Tips for Choosing a New Daycare (FindLaw's Law and Daily Life)
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Fair Housing Act Protects LGBT Couples

The Fair Housing Act, passed as part of the Civil Rights Act of 1968, protects renters and home buyers from a variety of discrimination based on everything from sex, race, and national origin to religion, marriage status, and pregnancy. But until Wednesday of this week, no court had extended those protections to include lesbian, gay, or transgender people. That all changed when a federal court in Denver ruled that sex discrimination under the Fair Housing Act includes discrimination based on gender and sexual orientation, including discrimination motivated by outdated stereotypes about how men and women should act and with whom they should romantically partner. Judicial Protection Rachel Smith, a transgender woman, and her wife Tonya Smith attempted to rent a townhouse for themselves and their two children in Boulder, Colorado, but were denied, according to their lawsuit, because the landlord did not approve of their "unique relationship." In a ruling their lawyer believes is the first of its kind, the court found that LGBT renters are protected from such discrimination under federal law. "This is the first case under the Fair Housing Act dealing with gender identity where there's been liability found for discrimination based on stereotypes," Omar Gonzalez-Pagan told the Washington Post. "It demonstrates the importance of bringing these cases. Housing discrimination is a significant unreported problem" for LGBT people. Judicial Reasoning The district court's ruling mirrored one issued a day earlier by the U.S. 7th Circuit Court of Appeals in Chicago. There, the court ruled that Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation. Both courts found that sexual stereotyping is a form of sex discrimination, and therefore illegal under federal statutes that bar discrimination based on "sex." In doing so, the courts relied on a 1989 Supreme Court case holding that male partners and managers discriminated against a female employee when they said she needed to "walk more femininely, talk more femininely, dress more femininely, wear make-up, have her hair styled, and wear jewelry" in order to advance. In the Smith's case, U.S. District Judge Raymond P. Moore wrote, "Such stereotypical norms are no different from other stereotypes associated with women, such as the way she should dress or act (e.g., that a woman should not be overly aggressive, or should not act macho), and are products of sex stereotyping." Such sexual stereotyping is illegal under federal law, and therefore the landlord's refusal to rent to the Smith's based on their relationship violated the Fair Housing Act. Related Resources: Find Landlord-Tenant Lawyers Near You (FindLaw's Lawyer Directory) Can Landlords Discriminate Against Unmarried Couples? (FindLaw's Law and Daily Life) Housing Discrimination for LGBT Couples (FindLaw's Learn About the Law) Understanding Your Rights: Housing Discrimination (FindLaw's Learn About the Law)
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Can a Child Decide to Live With the Noncustodial Parent?

Child custody disputes and court cases can be fraught with emotions. When one parent is granted physical custody by the court, or via an agreement, children sometimes express their desire to live with their other parent. Despite the obvious emotional challenge to the current custodial parent, there are a few potential legal obstacles that must be overcome. Depending on several factors, and your state’s laws, a child’s opinion may or may not matter when it comes to where they want to live. Typically, in addition to the noncustodial parent’s willingness to take on physical custody, the age and maturity level of a child will be taken into consideration.Apart from these initial considerations, a court will base the decision on what is in the best interest of the child. However, if there is no child custody agreement, nor child custody court order, depending on your state laws, so long as the parents are in agreement, a child can live with whichever parent they choose without the court’s interference. A Child’s Wishes Although children may be able to clearly state their desire to live with the noncustodial parent, courts generally will give this little weight unless the child appears to be mature enough to make the decision. In some states, all custody determinations require a court to conduct a best interests analysis. As such, a child’s desire may not convince the court that a change in custody will serve the child’s best interests. Courts frequently must be attuned to a teen that is just trying to live with the more lenient, “cool” parent. One issue courts are frequently tasked with identifying, particularly when younger children express a desire to live with the noncustodial parent, is custodial interference. Unfortunately, it is not too uncommon for a noncustodial parent to attempt to convince their child during visitation that the child should say they want to live with them.While there may be a tiny ethical grey area here, if a noncustodial parent provides any sort of incentive, it will likely run afoul of the laws that protect against custodial interference. Related Resources: Facing a custody dispute? Get a free case review now. (Consumer Injury - Family) How Child Custody Decisions Are Made (FindLaw’s Learn About the Law) Can You Get Emancipated From Only One Parent? (FindLaw’s Law and Daily Life) Child Custody Over the Summer: Dos and Don’ts (FindLaw’s Law and Daily Life)
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Worst Legal Mistakes Parents Can Make in Divorce

Divorce can be hard on anyone. And when you add children into the equation, the process can only get more emotionally and legally challenging. Dealing with custody, support, and yes, even tax issues on top of an already difficult divorce can lead even the best parents to make some bad decisions. Here are a few of the worst legal decisions you can make during a divorce and how to avoid them. 1. Not Respecting Child Custody Decisions and Guidelines You may not trust your ex or the courts to do the right thing, but, unfortunately, you must respect any legal rulings regarding child custody and your former spouse's parental rights. Failure to do so may amount to parental kidnapping, and could mean losing what visitation can custody rights you do have. (And, just as importantly, make sure you pay child support if the court orders it.) 2. Not Following Marital Property Decisions How your property gets divided in the divorce will often come down to where you live and the circumstances of ownership before, during, and after the divorce. You may not lose exactly half of everything you own, but be prepared for a split that will generally try to leave both parents equally well off. Things can get tricky regard the home and the family car, but divorcing parents are usually allowed to construct a fair property split agreement on their own. 3. Dragging Your Ex on Social Media No, that's not a misprint -- "dragging" in this sense means disrespecting someone online. And what happens on social media tends to stay on social media, forever. Meaning that the mean things you post about your former spouse or soon-to-be ex on Facebook, Twitter, and wherever else online will be visible to everyone from your kids to the court. So follow some simple rules for social media use during a divorce and keep those arguments offline and IRL. 4. Not Clearing Up Who Gets to Claim Children Come Tax Time The easy part: Only one parent can claim a child as a dependent on their taxes. Now comes the hard part: which of you will do it? And what if you have multiple children? If this sounds like a simple or inconsequential question, think again. The IRS takes dependency claims seriously and will punish parents for doing it wrong. 5. Not Hiring a Lawyer The legal ins and outs of divorce are always complex, and getting divorced with children will only make it more complicated. Make sure you find a divorce lawyer that you trust to protect your parental and legal rights. Related Resources: Dealing with a divorce? Get your case reviewed for free now. (Consumer Injury - Family) Top 5 Parenting Tips During Divorce (FindLaw's Law and Daily Life) 10 Common Divorce Mistakes to Avoid (FindLaw's Law and Daily Life) Top 5 Marital Property Questions During a Divorce (FindLaw's Law and Daily Life)
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Georgia Judge Who Blocked Transgender Name Changes Overruled by Appeals Court

When Rebecca Elizabeth Feldhaus and Delphine Renee Baumert attempted to legally change their names -- to Rowan Elijah Feldhaus and Andrew Norman Baumert, respectively -- they were told by a Georgia judge that their choices weren't gender-neutral enough to suit his taste. "I do not approve of changing names from male to female -- male names to obvious female names, and vice versa," Columbia County Superior Court Judge J. David Roper, said in denying Feldhaus's request. "I think it is misleading to the public and think that it is dangerous in some circumstances for one -- for the public not to know whether they're dealing with a male or a female." But an appeals court has ruled that Judge Roper abused his discretion in denying the name change petitions, and ordered that the changes be granted. Names You Can Live With Both Feldhaus and Baumert were born female but identify as male. Under Georgia law, if a person follows the proper procedure to petition for a name change, "there is nothing in the law prohibiting a person from taking or assuming another name, so long as he does not assume a name for the purpose of defrauding other persons through a mistake of identity." And in rejecting Feldhaus and Baumert's petitions, he wrote that "[n]ame changes which allow a person to assume the role of a person of the opposite sex are, in effect, a type of fraud on the general public," and that "third parties should not have to contend with the quandary, predicament, and dilemma of a person who presents as a male, but who has an obviously female name, and vice versa." Roper also said that name changes that were not to more gender-neutral names "offend the sensibilities and mores of a substantial portion of the citizens of this state." When it came to Baumert's request, Roper suggested several names he said he "can live with," including Morgan, Shannon, Shaun and Jaimie, and when Baumert rejected those options, Roper denied his petition. Sound Legal Discretion In a terse opinion, the Fourth Division Court of Appeals overruled Roper's decisions, reiterating that "a trial court's conclusions about any person's 'confusion' or 'embarrassment' was 'not a valid basis for denying' a petition for a name change," and that the only basis for denying a petition for a name change was evidence that "showed that the petitioner was acting under an 'improper motive,' such as intentionally assuming another person's name for the purpose of embarrassing that person or avoiding the petitioner's own criminal past." Absent that evidence, the appeals court ruled, Roper should not have denied the name change requests. Name and gender change petitions are becoming more common in courts, even if some judges remain resistant. If you need help with a name change or a gender change petition, or if yours has been denied, contact an experienced civil rights attorney in your area. Related Resources: Find Civil Rights Lawyers Near You (FindLaw's Lawyer Directory) Oregon Residents Can Be 'Agender' as Well as 'Non-Binary' (FindLaw's Law and Daily Life) DMV Sued by Transgender Woman Over Privacy (FindLaw's Law and Daily Life) Can Parents Block Children's Gender Transitions? (FindLaw's Law and Daily Life)
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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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Women Criminal Defense Attorneys: Interview with Caroline Judge Mehta

Caroline Judge Mehta, a member of Zuckerman Spaeder’s Legal Profession and Ethics Practice in Washington, DC, is an experienced advocate who represents individuals, business organizations, and other entities in criminal, regulatory and administrative investigations. She also advises lawyers and law firms on a variety of issues before the District of Columbia Bar and federal agencies. She has been recognized by The Best Lawyers in America and Legal 500 US, in White Collar Criminal Defense. But her day doesn’t end with her legal work; she also writes a blog that’s published on Huffington Post, which she started at age 40. Her topics reflect what’s close to home, she says, and much of them relate to some of the topics in this interview. “Like so many lawyers, I love to write and express myself in ways that briefs and motions don’t allow,” she explains. Our conversation on topics both professional and personal will no doubt strike a familiar chord with many of you. How did you get experience in handling white collar matters? I’ve been so fortunate to be trained by the best trial lawyers anywhere.  I took every meaningful litigation opportunity you can get at a “small” trial firm – civil or criminal – and got on my feet in court every chance I could.  I’m at one of the few firms that wants to train lawyers from the bottom up.  That means pushing young people out in front, early on, making them an equal player on the team in the client’s eyes, and trusting younger lawyers to handle larger and larger portions of cases. What do you see as the biggest hurdle for women in the white collar field? Keeping younger women in the profession.  It’s still an extremely tough tightrope walk, and I get why many women leave.  But we won’t have a healthy white collar bar unless we keep making strides on gender equality.  In the private sector, that means generating business, and it means mentoring and supporting each other and the women of the next generation. Has there been a representation of a client that has most stayed with you through the years and why? I think they all stay with me.  One of the best moments of my life was calling a client who had been the target of a criminal antitrust investigation that dragged on for about four years.  We made a last pitch to DOJ, along with the company’s outside counsel (who both had the temerity to fight and stood up for the individual executives), and we got a declination – and that was after we’d all received target letters.  I reached my client in his car, and he had to pull over because he was overcome with emotion.   There aren’t enough days like that, but when they happen you cherish them and remember why you chose to do this work. What part of defending a client most fuels you? Drains you? Like most of us, I want to win.  But I’m fueled by the challenge of helping a person navigate one of the most difficult crises he or she will face in life.  I get to do everything in my power – a unique power we as lawyers wield in society – to help my client get to the other side of that crisis. And what drains me?  In a way, the very same thing.  You carry that weight with you throughout, and you never put it down.  You’re either on that journey with your client, or you should be in a different line of work. Is there any unique aspect about being a woman that either helps or hinders you when you are defending a client? It’s hard to answer that without falling prey to stereotypes.  But I often observe that women will sit back and listen a lot longer before they insert themselves into the conversation.  You learn a lot more by listening than by talking.  I’ve often had male colleagues ask, “How did you know ___?”  And the answer will be that I heard the client or a witness or an opposing counsel say it. This is a profession in which all of us like to talk, and that’s a lot of the fun of it.  But I always think of that quote by Maya Angelou, who stayed silent for five years after a childhood trauma.  In that time, she read all of Shakespeare, Poe, Kipling, Burns. ...
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