Civil Rights Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Civil Rights.
June 28, 2016 By GRP Rainer LLP
The countdown is on for withdrawing from real estate loans. The deadline for withdrawing from legacy contracts is June 21, 2016. After this date, the so-called “ewiges Widerrufsrecht” (perpetual right of withdrawal) will cease to exist.
June 25, 2016 By HG.org
Guidelines have been put in place for healthcare professionals and staff in medical facilities that require that standards are followed closely. These guidelines are to provide proper treatment and avoid medical malpractice as much as possible. One standard is to provide safety of medical records and privacy. A physician may be held liable for breaching a patient’s confidentiality.
June 24, 2016 By Dixcart Legal Limited
A new EU regulation regarding data protection came into force on 24 May 2016 and, following a two year transition period, it will apply to all member states from 25 May 2018. This is known as the General Data Protection Regulation (“GDPR”). It replaces the existing EU Directive 95/46/EC. As this is a “regulation” and not a “directive” it will apply in the UK without the need for any further implementation by Parliament.
June 27, 2016 By Fay & Grafton
Utah v. Strieff was a festering [sore] of a decision that will undoubtedly be used by prosecutors all over the country to overcome bad stops when additional evidence is found following an unlawful seizure. It should, however, be read as a narrow decision applying only to cases where the evidence sought to be used is entirely unconnected to the stop.
OLG Frankfurt: Unclear Commencement of Term Renders Guidance on Right of Withdrawal Ineffective in Germany
June 23, 2016 By GRP Rainer LLP
If the guidance on the right of withdrawal in a loan agreement includes the words “die Widerrufsfrist beginnt frühestens mit Erhalt dieser Belehrung” (the withdrawal period shall commence at the earliest upon receipt of this guidance), withdrawal is likely to be an option.
June 22, 2016 By GRP Rainer LLP
Another hearing before the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, concerning withdrawal from consumer loans has been scheduled for May 24 (XI ZR 366/15). The BGH will then have to rule on an appeal brought by a bank.
June 20, 2016 By Lewandowski Gradek Lewandowska IPLaw Office
Since the worldwide economy crisis of 2008, we are living in the time of rising distrust towards banks and similar financial institutions. Banks have never been so closely and attentively observed, not only by the government and numerous non-governmental organizations specializing in consumer protection but also by consumers themselves. That is why it’s in the bank’s best interest to know and follow the regulations pertaining different forms of bank’s activities.
June 20, 2016 By Lewandowski Gradek Lewandowska IPLaw Office
The focus of said novelization lies on the protection of consumers, and its aim is to strengthen consumers’ position in their relations with the entrepreneurs by giving the customers more tools to secure their interests. Below are the most important of the recent changes.
June 17, 2016 By HG.org
People with a disability are permitted to use service animals and those used for support for many reasons based on the situation. Federal rights and laws specify the regulations and allowances of these animals when in service. Some states have additional laws that add to the meaning of a service animal. Some laws allow more freedom and a closer proximity of the animal to the agent.
June 17, 2016 By Felahy Employment Lawyers
California's so-called right to die law went into effect June 9th, and its potential ramifications have been hotly debated between proponents of physician assisted death and disability advocates. Notably, the Disability Rights Education and Defense Fund, a group that seeks to ensure legal help for disabled people, has released an in-depth statement expressing vehement opposition to the new law .
On May 4th 2016, the official text of Regulation 2016/679 “on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC” (General Data Protection Regulation) has been published in the EU Official Journal. The Regulation entered into force on May 24th 2016 but it shall apply from May 25th 2018.
On March, 15th, 2016 the European Parliament Committee on Agriculture and Rural Development adopted by a large majority the report on the Commission’s proposal regarding the manufacture, placing on the market and use of medicated feed. The new rules, which will be implemented in the form of Regulation, will replace the current Council Directive 90/167/EEC of 26 March 1990.
June 14, 2016 By Michalopoulou & Associates
Passing themselves as the real, authorized medicines while containing ingredients which are of bad quality or in wrong dosages, falsified medicinal products are a major threat to public threat and safety – given that consumers might not be always able to discover their true identity.
The use of pesticides in food, especially when growing fruit and vegetables, is now commonplace; farmers use pesticides in order to preserve or even increase their yields. Nevertheless, there are several risks regarding consumer safety and questions arise on the allowed pesticide residue quantities in food meant for consumption.
June 13, 2016 By Michalopoulou & Associates
The use of mobile applications in healthcare has been rapidly growing, globally. Meanwhile, a long and intense discussion has emerged between users and entrepreneurs, resulting from the forthcoming adoption of the General Data Protection Regulation, which will have legally binding force in all EU member states and will replace existing relevant legislation by the end of 2015.
June 11, 2016 By HG.org
Many consumers are influenced to purchase a product because a guaranty is offered on the product. This guaranty instills confidence in the consumer. However, when a manufacturer does not comply with the terms of the guaranty, legal issues may arise.
June 6, 2016 By Sidney L. Gold & Associates, PC
A former medical assistant at Bergen Regional Medical Center recently filed a lawsuit against the hospital.
June 7, 2016 By Law Offices of Grinberg & Segal
Under current U.S. immigration law, LGBTI aliens may seek asylum in the United States.
June 7, 2016 By Sidney L. Gold & Associates, PC
Some of the major stories in 2015 involved groups of individuals being killed at the hands of a gun wielding murderer.
June 5, 2016 By HG.org
Many companies use photos of people when selling their brand or product. Often times, these photos are of models or professional actors. In some cases, businesses may use photos of private parties rather than expert models.
Wohnimmobilienkreditrichtlinie Enters into Force in Germany: Withdrawal Still Possible until June 21, 2016
June 3, 2016 By GRP Rainer LLP
The entry into force of the Wohnimmobilienkreditrichtlinie heralds the end of the so-called “ewiges Widerrufsrecht” (perpetual right of withdrawal) for real estate loans. It will no longer be possible to withdraw from legacy contracts from June 21, 2016.
A transgender student in South Carolina was recently told by school administrators to use the girls’ bathroom, even though he identified as male.
June 4, 2016 By Sidney L. Gold & Associates, PC
Currently, The Pennsylvania Division of Vital Records and Department of Health holds a policy that bars transgender people from changing their birth certificate unless they undergo gender confirmation surgery.
With much of the American population growing older and a severely low employment rate among those over 62, Social Security faces severe long-term challenges.
June 4, 2016 By Sidney L. Gold & Associates, PC
[In May,] the U.S. federal government informed North Carolina Governor Pat McCrory that the state’s controversial bathroom law, House Bill 2 (HB 2), violates the Civil Rights Act, and the Justice Department gave the state until Monday to remedy the situation. North Carolina’s “bathroom bill” bars transgender people from using public bathrooms that correspond with their gender identity.
June 3, 2016 By Sidney L. Gold & Associates, PC
General Mills must defend itself against new allegations of age discrimination, following a recent complaint filed by 29 former employees in Minnesota federal court.
The U.S. Court of Appeals for the 4th Circuit handed down a favorable decision Tuesday for a Virginia teenager who has taken the fight against transgender discrimination in his high school to federal court.
June 2, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
Thousands of consumers have recently been making complaints concerning the sub-par durability of La-Z-Boy leather furniture.
June 2, 2016 By GRP Rainer LLP
According to the Bundesgerichtshof’s (BGH) ruling of March 16, in which it bolstered consumers’ right of withdrawal, consumers’ reasons for availing themselves of their right of withdrawal are irrelevant.
June 1, 2016 By HG.org
Many people purchase a product or agree to service because the purchase comes with a warranty. However, if a warranty is made when the business is in the process of closing down or it has already closed down, certain legal implications may arise.
June 1, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
MoneyGram will pay a sum of $13 million to settle allegations of consumer fraud. The settlement will establish a restitution fund for consumers who were defrauded by third parties in which they had transferred money.
June 3, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
A class action lawsuit has been filed against BMW of North America, alleging that their hands-free remote locking feature is defective.
June 4, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
Too much of a good thing is proving to be detrimental for Hyundai as it faces a class action lawsuit over spontaneous shattering of the panoramic sunroofs in some of their vehicles.
May 27, 2016 By Sidney L. Gold & Associates, PC
As the transgender community continues to grow and become more widely accepted, the state of New Jersey strictly enforces the New Jersey Law Against Discrimination (NJLAD), which protects the civil rights of these individuals, including their right to work without the fear of termination or discrimination due to their gender identity.
May 26, 2016 By LeViness, Tolzman & Hamilton, PA
One of the nation’s largest used car dealers has agreed to settle with the Federal Trade Commission over allegations that they failed to disclose important safety information regarding used cars for sale.
May 19, 2016 By Giambrone Law
The Seychelles may become a popular holiday destination for the LGBT community, as its Parliament passes Penal Code (Amendment) Bill, 2016. decriminalizing homosexuality.
May 18, 2016 By HG.org
Transgender issues began to emerge in the 20th century and continued into the 21st century. During the second decade of the century, a major issue involving this group involved access to public restrooms. For some individuals the social issue mirrored a time of the earlier 20th century in which people were treated differently due to their race.
May 15, 2016 By HG.org
While the general rule is that law enforcement officers are not legally liable for failing to protect a citizen, there are exceptions to this rule. One such exception is the special relationship doctrine.
The general rule is that law enforcement officers are not held liable for failing to protect their citizens. However, there are exceptions to this rule. One such exception is the state-created danger legal doctrine.
Flying with miles is an advantage for those that fly regularly and is often an option with credit cards, travel programs and other incentive programs. Travelers who fly with points have the potential to realize substantial savings. However, sometimes there are problems when the person wishing to redeem the points is unable to do so or if a flight is cancelled after using points.
Most police uphold justice and incarcerate the criminals perpetrating illegal activities. They become witnesses in court proceedings to ensure that people who break the law are held accountable. The actions of law enforcement officers usually result in the law being upheld with victims receiving justice for crimes committed against them.
May 9, 2016 By Motei & Associates, Attorneys at Law
Highlights of the New UAE Child Protection Law.
April 25, 2016 By HG.org
One of the most common types of consumer fraud is auto dealer fraud. A claim of this nature can arise from a number of misrepresentations, deceptive practices or other unethical or immoral behavior. When consumers feel scammed by auto dealers, they may consider hiring a lawyer.
April 22, 2016 By The Sehat Law Firm, PLC
The LAPD is issuing more and more tasers to it's officers as a way to help subdue a suspect. But what happens when tasers do not do the job?
April 17, 2016 By HG.org
Every years, millions of products are recalled for various reasons. Recalls affect the very smallest of items such as children’s toys to large objects such as vehicles. When a product is recalled, it is usually due to some safety concern. Knowing the rights associated with recalled items can help consumers.
April 15, 2016 By Baurkot & Baurkot
In the United States, all people have rights. It does not matter who you are, what country you are from, or what your status is in the United States. No Human Being is Illegal. If you are stopped by Police Officers, Immigration Agents or other public authorities, you have rights. As long as you are within the borders of the United States, you have rights. Know them. Use them.
April 12, 2016 By HG.org
Preliminary hearings and arraignments are pre-trial proceedings that take part in criminal cases. They are similar in nature, but they have important differences. While the process involved varies by state, the general process consists of the following:
Many businesses record phone calls that come into the business as a matter of practice. This may be to keep a record for future use, for training purposes or to protect the business’ interests. However, if a customer wants a copy of the conversation, he or she may have difficulty acquiring it.
This article provides a general overview of the European human rights system and how to bring and prepare a case before it.
An overview of the appeal procedure before the Grand Chamber against judgments of the European Court of Human Rights.
This articles provides guidance on how to make a request for interim measures before the European Court of Human Rights.
Here are guidelines on how to lodge an application before the European Court of Human Rights. According to article 34 of the European Convention on Human Rights, individual applications can be lodged with the European Court of Human Rights:
An introduction to the European Court of Human Rights.
An introduction to the European Convention on Human Rights.
This is the information age of electronics, data, computing and the internet. Cameras and the ability to capture photos and video are everywhere. Protecting private information is no longer an easy thing to do. This could allow one’s likeness or attributes to be used in various ways that allow others to make money. The protection of personal information, likeness and private data is covered under the law.
In recent years, medicine has reached the heights, including in matters of surrogate motherhood. Ukrainian legislation regulating the issue of surrogate motherhood pretty good, but if you consider this question wide enough, you'll notice that even the liberal Ukrainian law allows some discrimination because it is said exclusively about the couples who are in a registered marriage.
Last month a federal magistrate judge in California ordered Apple to bypass the security protocols on an iPhone 5 that belonged to one of the San Bernardino shooters. This public order ushered in what has become a national spectacle, pitting the FBI and many Americans against Apple and Privacy proponents.
The consular and diplomatic protection's public law studied the interaction between the State’s law and the supranational legal orders
In a recent case, the Supreme Court of Cyprus (single Judge), in certiorari proceedings, decided to cancel a warrant issued against a Cyprus law firm for the search of its premises and offices on the ground that the law firm illegally withheld certain important documents, concerning the commission of serious crimes by the lawyer’s clients.
Even during carnival time there are limits. According to a ruling of the LAG Düsseldorf (Regional Labour Court of Düsseldorf), anyone misbehaving too much during office festivities for carnival risks being fired (13 Sa 957/15).
Anyone who wishes to arrange their estate according to a contract of inheritance should note that a contract of inheritance can have a strong binding effect, as demonstrated by a ruling of the OLG München (Higher Regional Court of Munich) (31 Wx 280/14).
It is possible for assets to be transferred to the prospective heirs during the lifetime of the testator. This is then referred to as an anticipated inheritance, which frequently occurs by way of gifts.
Investors in open-ended real estate funds which have since gone into liquidation can still assert claims for damages. Their prospects have improved, thanks to the jurisprudence of the Bundesgerichtshof (German Federal Court of Justice).
Company founders have to come to a decision regarding the corporate form of their new business. The favourite is often the Gesellschaft mit beschränkter Haftung (limited liability company) – GmbH.
In the 1930’s smoking was seen as the “in” thing to do. Social and economic pressure was such that no-one knew or cared about the consequences of smoking. This was also true in the 1950’s and early 1960’s. Romania allowed this until recently.
Identity theft is a crime that occurs when someone obtains another person’s private information in a wrongful manner through fraud or deception, usually so that the perpetrator can achieve economic gain. When identity theft occurs, there are two main parties who may wish to seek legal counsel: defendants and victims.
An efficient exchange of information on criminal convictions referred to as the European Criminal Records Information System has been introduced between Member States in order to help improve the security of citizens within the European Area of Freedom, Security and Justice.
Protecting your rights while cooperating with police can feel like walking a tightrope—one wrong move and you plunge to your doom. You should remember that even well intentioned police are nervous during traffic stops. You want to cooperate and defuse a potential conflict while not incriminating yourself or giving the police information that you do not have to share.
Specifications regarding the energy consumption of empty vacuum cleaners do not infringe competition law. That was the decision of the General Court of the European Union (EGC) in its ruling of November 11 (Az.: T-544/13).
States and counties around the country have offered criminal defendants a number of alternatives to jail. These alternatives help to keep more people outside of overcrowded jails and provide an incentive to reform behavior.
Through the process of forfeiture, the government may be able to take away the property of a civilian. This may be because the individual is involved in criminal activity or because he or she owns property that was involved in criminal activity.
Owners of VW, Audi, Porsche "TDI Clean Diesel" Models May Qualify to File a Lawsuit over Emissions Fraud
Volkswagen admitted it fraudulently misled consumers about the emissions of its "TDI Clean Diesel" models through a defeat device that made the cars appear to emit lower levels of greenhouse gases than they actually did. Volkswagen recalled 11 million Volkswagen and Audi models in connection with the Dieselgate emissions cheating scandal. Hundreds of VW, Audi, and Porsche diesel owners have filed lawsuits against the German automaker over the company's lies and the lost value of their vehicles.
In some instances, a party has the right to reclaim property and sell it off at auction. This can be the case in a number of legal actions, including home foreclosures, vehicle repossessions and storage locker auctions. Additionally, this party is often entitled to receive a deficiency judgment for any amount that the former property owner still owes after subtracting the proceeds and costs of the sale.
As 2015 comes to a close, the e-commerce industry is expected to make €185.39 billion this year. In the EU, the average online shopper spends €970 yearly, and these numbers continue to grow annually. EU Directive 2011/83/EU details the rights of EU consumers when shopping online and was transposed into Maltese law through Legal Notice 439 of 2013.
Nearly 30 million Americans have diabetes today. Medical and treatment advances have allowed people with diabetes to maintain long and productive lives, at school, at home and at work
Service animals are animals which are trained to do work or perform tasks for the benefit of an individual with a disability. Under the Americans with Disabilities Act, only a dog or a miniature horse may be considered a service animal, though other states may allow other types of animals to be service animals. Monkeys, ferrets and other animals may be considered service animals in some states.
The Individuals with Disabilities Education Act ("IDEA") (originally the Education for All Handicapped Children Act of 1975, Public Law 94-142) was created in response to the fact that the educational needs of children with disabilities weren't being adequately met.
A Power of Attorney is a notarised letter of authority given by a person or a company to another person or a company, which allows them to act for and on behalf of the original person in various government departments and for contractual purposes. The attorney and the person giving it must be over 21 years of age and must be of sound mind.
While individuals do lose many rights when they are imprisoned, this does not mean that they lose all jails. Since jails and prisons are the custodians of these individuals, they have many responsibilities to these individuals’ welfare.
As Americans, our online and offline lives are almost always intertwined, affecting the way we live, work and communicate.
Ukraine can be considered as an attractive country for foreigners wishing to immigrate to Europe. Let’s consider the benefits of migration to Ukraine in comparison with other countries and consider the so-called business immigration.
Unfortunately when someone realizes that he or she is a victim of identity theft, this is usually become some negative result has already happened. A person may have been denied credit for which he or she believed would be a certainty. A letter may come in the mail regarding a debt of which the individual was never aware, or the Internal Revenue Service may send a notice of a large tax debt.
Individuals in several states have reported receiving phone calls or emails informing them that there is a warrant for their arrest. This communication is often part of a larger scam in which the con artist attempts to receive money based on this fraud and extortion.
Due to the difference in the levels between employers and employees, an employer may sometimes try to take advantage of this greater power by requesting an employee to commit some illegal act to further business or personal interests.
While people laugh at celebrity mugshots and may even peruse local ones for amusement, mugshots can be extremely embarrassing to the individuals portrayed. Quite often, a mugshot is considered public information. However, there are some instances in which a person can have a mugshot removed.
A handwritten will has to be legible. Otherwise, it may not be effective according to a ruling of the Oberlandesgericht (OLG) Schleswig [Higher Regional Court of Schleswig] of July 16, 2015 (Az.: 3 Wx 19/15).
In September 2015 Kazakhstani Government announced that in furtherance to large-scale privatization program being realized in Kazakhstan over the last couple of years, 60 major state-owned companies will become private before 1 January 2018.
Witnesses including parties to the case provide testimony to the court that the judge and jury consider. When witnesses testify to the court, they do so under oath. They also do so under the risk of facing criminal charges if they lie to the court. There are steps that another person can take whether a party or an observer to inform the court of lies.
While many individuals ask for a second opinion after receiving a medical diagnosis, these same individuals feel hesitant to do so in a legal case. However, individuals are usually entitled to seek the advice of an attorney of their choice in order to receive a second opinion or other legal counsel.
Exercise Your Right To Remain Silent. Generally when the police contact an individual who is suspected of a crime, whether or not the subject of that investigation has committed a crime or not, the best advice for that subject is to remain silent.
Arrest records contain information about a person who is arrested and the incident that led to the arrest. They also sometimes describe the victim of the crime. Whether they are public record depends on state law and the circumstances surrounding the arrest.
When a person purchases a new appliance, he or she expects it to do the job that it is intended to do. However, in some cases, a defective appliance may cause damage to a person’s property through a water leak, electrical issue or other defect. In some instances, a consumer may be able to receive compensation for such damages.
“I believe at its heart, America is a nation of second chances, and I believe these folks deserve their second chance.” - President Obama
Jury nullification is making headlines in Denver and in particular in front of the Lindsey-Flanigan Courthouse, where activists have been distributing fliers about nullification and fighting charges against other activists who have done the same, since July of this summer.
A new pot resort in South Dakota will be opening up soon on tribal land, despite the fact that pot is not yet legal in South Dakota.
Ukraine is very attractive in terms of finding women willing to provide the service of surrogate motherhood, as it has many positive aspects. Surrogate motherhood is a very profitable business in Ukraine. But this sphere of surrogacy is so attractive for fraudsters and unscrupulous persons. Why is that and how to escape of it?
Even after an invalid attempt to rescind a purchase agreement, the buyer is still able to demand that remedial work be performed on the item purchased. That was the decision of the OLG Naumburg (Higher Regional Court of Naumburg) in its ruling of April 9, 2015 (Az.: 2 U 127/13).
When people right their autobiographies or memoirs, they may recount stories that others do not wish to share. While the first amendment provides for the freedom of speech, this right is not absolute. Simply because a person deems something to be “nonfiction” does not make it true. Individuals who do not like the way that they are being portrayed may have legal claims against the author.
On October 6, 2015, the Court of Justice of the European Union handed down judgment in Case C-362/14, Maximillian Schrems v. Data Protection Commissioner, invalidating the U.S.-EU Safe Harbor arrangement.
On the 2nd of October 2015 Volkswagen has been discovered from the Environmental Protection Agency (EPA) that many of its diesel cars sold in the USA were fitted with a device that could detect when they were tested, changing their performance accordingly to improve results. The so-called “defeat device” was showing that the cars emit less and hiding the fact that the engines were emitting up to 40 times the of nitrogen oxides (NOx) than standards allow.