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Law Office of Rita O. White - Canton Criminal & DUI Lawyers
Attorney Blogs | 2014/04/25 18:15
If you're facing a legal issue and seek guidance, the Law Office of Rita O. White is here to help. Tackling any legal matter without a trained professional can negatively impact the outcome of your legal situation. Our Plymouth Canton Criminal lawyers understand the stress that comes with looming legal issues which is why we work tirelessly to support our clients no matter the situation.

We believe in giving clients our full attention and treating them with care and respect. When you work with us, you'll get the benefit of:

Caring and knowledeable lawyers
Convenient office hours
Reasonable attorney fees

Don't risk anything! Our dedicated team of lawyers are always available to offer guidance and support. To set up an appointment today or learn more about our Plymouth Canton Criminal law practice contact us at the Law Office of Rita O. White today.


AB & Co IP Services - Sierra Leone Intellectual Property Lawyers
Attorney Blogs | 2014/03/24 22:34
The Gambia Intellectual Property Lawyers

Trademark, Patent & Intellectual Property Rights

AB & Co is a boutique trademark agency specialising exclusively in the protection of intellectual property rights for our clients in Sierra Leone and The Gambia.

Our intellectual property practice is broad and we are Trademark and Patent Attorney for principals all over the world including partner law firms that routinely instruct us on behalf of their clients on IP matters.

We provide high quality services and act as Trademark & Patent Attorneys for principals all over the world including partner law firms.

We act as attorneys for the registration of trademarks, patents, industrial designs and other intellectual property rights. We routinely conduct searches and provide assistances for renewals, change of name and address, amendments and recordal of licences.

Services

Searches
Oppositions
Trademark, Patent and Industrial Design registration
Renewals
Recordal of changes of propietor's name, address
Recordal of mergers and assignments
Recordal of licenses
Advice on non-contentious issues
Publication tracking


Employee Retirement Income Security Act (ERISA) Attorneys
Attorney Blogs | 2013/10/25 22:52
Los Angeles Employee Retirement Income Security Act (ERISA) Claims Attorneys

Newport Beach Disability insurance, life insurance, annuity, health insurance attorneys can help you resolve your claims and disputes involving the Employee Retirement Income Security Act f 1974, also commonly known as ERISA. McKennon Law Group's main attorney Robert J. McKennon as recognized and awarded the "2013 Top Rated Lawyer in Labor & Employment” by American Lawyer Media and Martindale Hubbell, leading providers of news and rating information to the legal industry.

ERISA is a very complex area of the law and it is important you have an attorney who understands it. ERISA claims are the most common cases litigated in Federal Court, a court in which most lawyers are uncomfortable.  ERISA involves mandatory administrative appeals and strict deadlines and it is crucial  that you know your rights and that you hire an attorney early in the process after your claim has been denied and before your appeal is administered. Our experience in litigating ERISA cases are the top in the nation and in the Orange County regio. We will be the aggressive advocate for your case to obtain maximum success involving all manners of insurance disputes.

We have over 25 years of experience litigating ERISA cases involving life, health, disability and pension claims. Call or email us to schedule a free consultation.


McDonnell Law Office - Motor Vehicle Accidents Attorney
Attorney Blogs | 2013/06/22 21:55
Motor vehicle accidents can be disastrous and costly. However, with the right Moto vehicle accident lawyer, it doesn't have to be. The pain and suffering resulting from accidents can be devastating. A statistical projection of traffic fatalities for the first nine months of 2012 shows that an estimated 25,580 people died in motor vehicle traffic crashes. This represents an increase of about 7.1 percent as compared to the 23,884 fatalities that occurred in the first nine months of 2011.

If you have been injured and feel that the other driver was at fault at all, McDonnell Law will help you obtain compensation. The costs of medical bills, physical therapy, lost wages and the mental costs from pain and suffering can be recovered if the other party was careless or negligent. It is important that you report your accident to the police and your insurance company right away. Do not have your car repaired until you have had pictures taken. Get pictures of all injuries. Make sure you get to the doctor to address your injuries and any and all aches and pains your are suffering.

At McDonnell Law our goal is to help your achieve the best results possible. Our href="http://www.mcdonnelllawoffices.com/index.php/practice-areas/personal-injury-law/motor-vehicle-accidents">San Diego Car accident attorney will guide you through the process, argue passionately and negotiate the best result possible. If the defendant will not agree to a reasonable settlement, we will start litigation right away and fight strenuously to protect your legal right to recovery. Call a Downtown San Diego Accident Lawyer at 619 857 9020 or email us today.


Lawyer enters not guilty plea for shooting suspect
Attorney Blogs | 2012/05/01 17:10
A California man accused of committing the nation's deadliest school shooting rampage since the 2007 attack at Virginia Tech pleaded not guilty Monday to murder charges.

One L. Goh, 43, entered his plea through his lawyer, Deputy Public Defender David Klaus in Alameda County Superior Court.

Goh is charged with seven counts of murder and three counts of attempted murder in the April 2 attack at Oikos University in Oakland.

Klaus declined to comment after the hearing.

Goh also faces the special circumstance of committing multiple murders that makes him eligible for the death penalty.

Authorities said Goh planned the shootings and opened fire at the small Christian college founded to cater to Korean immigrants after becoming angry over a tuition dispute with school officials.

Those killed were students Doris Chibuko, 40; Judith Seymour, 53; Grace EunHea Kim, 23; Lydia Sim, 21; Bhutia Tshering, 38; Sonam Choedon, 33; and secretary Katleen Ping, 24.

Choedon's brother, Wangchen Nyima, attended Monday's hearing and said he wanted to see Goh in person.

"I just want to know why this happened," Nyima said. "He seems like he has his own problems. He seems like he's a psycho."

Shackled and wearing a red jumpsuit, Goh appeared somewhat calm during his brief court hearing and was noticeably thinner than he was during his previous court appearance.

A once heavyset man, Goh lost about 20 pounds in jail after he went on a self-imposed hunger strike, said sheriff's Sgt. J.D. Nelson. Goh inexplicably began eating again on Saturday, Nelson said.


Proof of a Negative Not Required for Summary Judgment
Attorney Blogs | 2012/02/27 10:45
The Indiana Court of Appeals has issued a decision that may have a large impact on summary judgment practice in Indiana. In Commr. of the Indiana Dept. of Ins. v. Black, ___ N.E.2d ___ (Ind. Ct. App. 2012), the Court essentially held that Indiana will apply the standard set forth in Celotex v. Catrett, 477 U.S. 317 (1986), at least in some circumstances.
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Tim Black alleged that Dr. Harris and others rendered negligent care to his wife after she complained of chest pain. The negligence allegedly resulted in severe cardiac arrest and resulted in the need for a heart transplant. The medical review panel unanimously concluded that Dr. Harris failed to comply with the applicable standard of care.

After the panel decision, Black filed a petition seeking payment of $1 million from the Patient's Compensation Fund and asserted that he had settled with Dr. Harris for $250,000, thereby satisfying the qualifying amount to get to the fund. The Commissioner sought discovery of the settlement agreement but Black refused to produce it, saying it was confidential. Black did produce a copy of an unauthenticated check in the amount $250,000 from the Medical Assurance Co., made payable to Black and his counsel. Black also produced some correspondence between counsel that discussed a prospective settlement.

The Commissioner moved to dismiss the petition claiming that he needed the settlement agreement in order to make payment. It was not clear from the check whether the payment was for settlement with Dr. Harris or other defendants. The trial court denied the motion to dismiss and after conducting a hearing on damages, ordered the Commissioner to pay Black $1 million. The Commissioner appealed.

In considering the motion to dismiss, the Court of Appeals observed that matters outside the pleadings were submitted in support of the motion to dismiss and were relied on by the trial court. In light of this fact, the Court of Appeals, pursuant to T.R. 12(B), treated the motion as one for summary judgment. In a footnote, the court recognized that T.R. 12(B) requires that "all parties shall be given reasonable opportunity to present all material made pertinent to such motion by Rule 56." Although no such "opportunity" was given, the court found there was "no prejudice" and proceeded to consider the appeal as a summary judgment case.

The court noted that the Commissioner's position on the motion required him to prove a negative—-that there was no settlement with Harris for $250,000. In Jarboe v. Landmark Cmty. Newspapers of Indiana, Inc., 644 N.E.2d 118 (Ind. 1994), the Indiana Supreme Court rejected the view that a party seeking summary judgment could simply point to the opponent’s burden of proof at trial and prevail unless the non-movant produced evidence supporting its claim or defense. This ruling has for many years been perceived as being at odds with Celotex, in which the U.S. Supreme Court reached a different conclusion under the federal rules. In 2000, Justice Boehm, in dissenting from a denial of transfer in Lenhart Tool & Die, Inc. v. Lumpe, 722 N.E.2d 824 (Ind. 2000), expressed the view that a party who puts forward evidence that a non-movant will be unable to present evidence to prove an essential element of its claim or defense, should be entitled to summary judgment if the non-movant fails to present such evidence. In Black, the Court of Appeals held: "Today, we accept Justice Boehm's views on this subject expressed in his dissent."

Having adopted this new standard, however, the Court of Appeals found that in this case, based on the unauthenticated check and the settlement correspondence, there was a genuine issue of fact as to whether a $250,000 settlement on Black’s claim against Harris had been accomplished. So, the Commissioner was not entitled to summary judgment. Black was also not entitled to a judgment on his claim since it was not clear that the required settlement with Harris for $250,000 had been consummated.

The Court held that the Commissioner is entitled to discovery of the settlement agreement and that the confidentiality term in the settlement agreement would not trump the Commissioner's right to such discovery. The case was reversed and remanded for further proceedings.

http://www.indianalawupdate.com/entry/Proof-of-a-Negative-Not-Required-for-Summary-Judgment


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