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Law related articles writen by lawyers
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Trademark Infringement Lawsuit: Is NBA Star the Real “Durantula?”

Sports stars continue to be magnets for intellectual property lawsuits. In the midst of the NBA Finals, Kevin Durant was hit with a trademark infringement lawsuit. A heavy-metal musician named Mark Durante claims the basketball player is illegally using his nickname, “Durantula.”

Misdiagnosis of a Heart Attack, Stroke, Cancer, or Infection

Each year medical misdiagnosis leads to thousands of unnecessary injuries and deaths. This article explains how a heart attack, stroke, cancer, or infection may be misdiagnosed, leading to serious injuries or death for the patient.

When Must a Juvenile Be Sentenced to a Juvenile Facility?

The discussion usually continues into a discussion of fire camp and home on probation (HOP).

Can an Out of State Conviction Count as a Strike under California’s Three Strike Law?

In each Illinois case, the crime is defined as involving personal infliction of “great bodily harm.”

Involuntary Manslaughter Conviction Upheld for Injury from Eight Years Earlier

Jose Moncada was caring for his then three month old son, Joseph. Joseph was fussy and Jose became frustrated from the crying.

Wrongful Termination in California: Basis for a Claim

Wrongful termination is among the most alarming issues in the employment industry in California. This employment issue has been affecting many employees in the state because it allows ‘at-will’ employment.

Government Agency Established to Curb Large Banks from Committing Fraud Is Now Targeting Homeowners

Learn how a federal agency, made to protect homeowners, has now turned on them.

When Must a Juvenile Be Sentenced to a Juvenile Facility?

There is such an apparent “crimes spree,” a common question we hear is whether the juvenile will go to “juvenile hall,” prison or jail for an extended period, or at all

Can An Out of State Conviction Count As A Strike Under California’s Three Strike Law?

CIn 2012, Mr. Washington faced prosecution in California for assault by means of force likely to produce great bodily injury (Penal Code § 245(a)(1)) and battery causing serious bodily injury (Penal Code § 243(d)). The jury convicted him of such charges and found true three sentencing enhancements for personal infliction of “great bodily injury” as a serious felony under Penal Code § 1192.7(c)(8).

Ryan Lochte Seeking to Trademark Catch Phrase

U.S. Olympic swimmer Ryan Lochte is hoping that everything he touches turns to gold. He has reportedly filed a trademark application with the U.S. Patent and Trademark Office for the phrase "Jeah."

IP FAQ: When Does Trade Secret Theft Become a Federal Crime?

Trade secret theft is generally addressed through civil lawsuits. However, in some cases, the misappropriation of trade secrets can rise to the level of a federal crime. The Economic Espionage Act of 1996 criminalizes trade secret theft committed for personal benefit within the country or for the benefit of a foreign government.

In Juvenile Vandalism Case Involving Graffiti, Restitution Cannot Include Investigation Costs

The alleged damage was over $400, a violation of Penal Code § 594 (a) (“Felony Vandalism”).

Guide on Filling out SSI Application Form

The Supplemental Security Income (SSI) program of the Social Security Administration (SSA) is a needs-based program that seeks to provide financial aid to qualified individuals. These individuals are the disabled, the elderly (age 65 or older), and the legally blind.

Steroids Are a Controlled Substance

Different Categories of Drugs

Crime Spree Arrests in Temecula

A recent news story recounted the events surrounding the arrest of three alleged criminals in Temecula. A homeowner called police after a confrontation with three people in his garage.

Plastic Surgery Mistakes from Medical Malpractice

Plastic surgery, although a common elective surgery carries a risk for injury or death. It's important to understand that all surgeries carry a risk of injury or death. Simple surgical mistakes or anesthesia errors can result in great harm to a patient.

Felonious Wealth

Whether it is fraud in Medicare or Medicaid, failing to pay Customs duty, defrauding the government in defense contracts or any other major fraud against the government, it is the taxpayers who suffer. Birkenfeld, an ex-con, stands as one example that anyone can become a whistleblower but he has garnered so much attention because he is so incredibly unusual. Most whistleblowers are good and successful citizens who discover fraud and are horrified by that discovery.

Knowing the Prohibited Practices in Certain Aspects of Employment

Workplace discrimination has been an ongoing issue in the country today. While employers are covered by numerous federal (and to some extent, state) employment laws, some of them don’t actually follow such laws. In fact, discrimination cases continue to rise with each passing day.

DOJ Shuts Down Websites Selling Copyrighted Cell Phone Apps

The Department of Justice recently announced that it has shut down three website domain names engaged in the unauthorized sale of copyrighted Android cell phone apps. The operation was the first of its kind.

Is a Reverse Mortgage Right for You?

Unfortunately, many elderly Americans are living off of a shoe string budget. Social Security payments do not cover the cost of living for most seniors.

Confession Is Inadmissible if Probation Offic Promised Shorter Sentence If Suspect Waived Right To An Attorney

Nn parole, Christopher Gonzalez used a hammer to hit Daniel Castillo in the face, fracturing his jaw, skull, cheekbone and nose

Operator Of Medical Marijuana Collective Is Entitled To Assert Defense Under Prop 215 And The MMPA.

Voters passed Proposition 215, the Compassionate Use Act of 1996 (“CUA”) and it was put into legislation

Supreme Court Rejects Medical Testing Patent

During its 2011-2012, the United States Supreme Court recently issued a key intellectual property decision. In Mayo Collaborative Services v. Prometheus Laboratories, Inc., the Supreme Court ruled that a medical process of making correlations between blood test results and patient health could not be patented because it incorporated laws of nature.

How to Beat a Breath Test

DUI convictions rest on the evidence from breath tests, but they are not always accurate. Learn the tricks of the trade from a Los Angeles DUI lawyer.

Business Mergers

In this article I discuss business mergers, from a legal perspective. Without further adieu:

Merging Medical Practices

In this article, the author discusses the merger of medical practices, from a legal perspective.

Physician Recruitment Agreements

In this article I discuss physician recruitment agreements and their package of documents. A recruitment agreement allows a hospital to loan money to a physician or to a group practice in exchange for the physician’s promise to practice in a certain geographic area. Recruitment agreement packages frequently reach 100 pages of mind-numbing prolixity and obscure complexity.

Be Aware of Possible Nursing Home Expenses

When you are planning for retirement you are invariably going to be looking forward to good times ahead.

Known Perils of Teenage Driving

Teenage drivers are always at risk of getting involved in a car accident. According to the Centers for Disease Control and Prevention (CDC), in 2009 alone, at least 3,000 teenagers were killed and about 350,000 were injured as a result of traffic mishaps.

Should China Overhaul Its Patent System?

A European business group is calling on China to make big changes to its patent system. The European Chamber of Commerce in China argues that the current Chinese patent system hinders the country's ability to innovate and may be detrimental to foreign companies. The group released a report recommending a total of 52 changes.

Police Detention Is Illegal When Based On Only One’s Resemblance To A Suspect

It is well-established law that in order to justify an investigative stop or detention, police must have a “reasonable and articulable suspicion that some activity relating to a crime has taken place or is occurring or is about to occur and that the person is involved in that activity.”

Can Hospice Care Help My Family?

Statistically, we can all look forward to living much longer than those who came before us. That does not, however, mean that we will live forever.

A Juvenile Court May Not Automatically Transfer Case to Adult Criminal Court Without a Hearing

The People filed separate Penal Code § 602 petitions in juvenile court against Juan G., alleging such violations. Juan G. was sixteen years old in early 2012 when he allegedly committed attempted murder and violated the terms of a criminal gang injunction. The People filed separate Penal Code § 602 petitions in juvenile court against Juan G., alleging such violations.

Sixth Amendment Not Violated in DUI Case When Someone Testifies about Lab Report by Someone Else

On the night of August 17, 2007, Virginia Lopez was working at a restaurant in Julian, California, near San Diego. While working, she had three shots of tequila between 8:45 p.m. and 10:15 p.m. At about 11:00 p.m., she left work to drive home. As she drove home, she ran head-on into a pick-up driven by Allan Wolowsky, killing him. About two hours after the accident, Ms. Lopez provided a blood sample.

Social Security Going Electronic

Due to the aging of the baby boomers, there are approximately 10,000 people applying for Social Security benefits every day. This volume of applicants will continue for the next 20 years according to elder law experts. Of course, there are already millions of people collecting Social Security benefits. Can you imagine how much it costs to mail out paper checks to even a small percentage of these individuals?

Hocus Pocus and IP Law: Teller of Penn & Teller Seeks to Protect Copyrighted Trick

Teller of Penn & Teller fame is suing Dutch magician Gerard Dogge for allegedly stealing his copyrighted magic piece called Shadows. According to the copyright infringement lawsuit, Dooge performed a similar illusion called The Rose & Her Shadow in a YouTube video, which offered to reveal the “magic” behind the trick for $3,050.

California State Employment Laws in Effect since Start of 2012

The year 2013 is fast approaching. That being said, a lot of new changes and additions to the California employment and labor laws are bound to happen. Consequently, employers and employees in the state will surely be impacted by some of the provisions to existing laws, as well as new legislations created out of necessity for the betterment of the employment sector.

Shooting Someone with ABB Gun Can Be Assault With A Deadly Weapon (Penal Code § 245(a)(1))

Quamie Brown allegedly drove his white Cadillac up to Gerardo Calderon and Jesus Castro, who were standing on the sidewalk. Brown allegedly called over to Castro, through his rolled down window, “What the fuck are you guys doing here? Get the fuck out of our neighborhood.” Castro then told Calderon, “Let’s get out of here.”

Wiretap Information Leading to Seizure of 353 Kilograms of Cocaine Properly Denied to Defendant

Law enforcement obtained orders authorizing wiretaps involving fourteen cell phones used by defendant Steven Montes. The orders involved the magistrate’s finding of probable cause that Montes and others “have committedIn 2005 and 2006, law enforcement obtained orders authorizing seven wiretaps involving fourteen cell phones used by defendant Steven Montes.

Is Mobile Technology the Future of Innovation?

A new study reveals that over 20 percent of patent filings can now be traced to mobile technology. The findings suggest that the industry may be the future of innovation. The study, authored by consultant Chetan Sharma, examined approximately 7 million patents granted both by the U.S. Patent and Trademark Office and the European Patent Office.

Who are Considered “Monster” Drivers?

At some point in their lives, drivers and passengers alike would encounter irresponsible drivers. With them present on the road, they transform the roads into obstacle courses that other motorists try to avoid. Like monsters in horror tales, they endanger lives and property with their reckless behavior behind the wheel.

Supreme Court: Judges Can Consider New Evidence

The U.S. Supreme Court recently ruled in a 9-0 decision that patent applicants can introduce new evidence when challenging a patent examiner’s rejection under 35 U.S.C. § 145. The Supreme Court clarified that there are no evidentiary bars other than those articulated in the Federal Rules of Evidence and the Federal Rules of Civil Procedure.

Understanding the Veterans Benefits

Understanding Veterans benefits can be difficult. Not only do forms need completed, you must choose a plan. There are also many legal considerations. Find out what information you need for application, what benefit suits your individual needs, and how pension is calculated.

Arguments in Dog Bite Claims

Dog bites are not limited to causing physical injuries. Yes, there may be pain from lacerations, prolonged complications as a result of wound infection, and scarring, but dog bites also leave emotional scars – especially in younger people. Dog owners are generally obligated to keep their pet on a leash when walking public streets and sidewalks.

CHP Investigation of Accident Causing Brain Damage

In May, 2012 a newly licensed driver hit 8 high school students in a cross walk. It was first reported that he was travelling at 50 miles per hour or more and had been known to drive at high speed up and down the street where he lives. However the actual investigation found witnesses that said the truck was actually only going 15 miles per hour when it reached the cross walk where the high school students were hit by his truck.

One Count of Indecent Exposure (Penal Code § 314) Proper Even if Multiple People Witness Conduct.

Troy Smith allegedly masturbated in public view of others on three separate occasions. Two separate groups of people claim they saw this. In the third incident, Mary Hernandez allegedly was standing in her house and looked out the window to see Smith masturbating in her backyard. Ms. Hernandez quickly closed the curtains.

Overcrowded Emergency Departments Leading to Hospital Malpractice and Doctoral Malpractice

Overcrowded emergency rooms have become a major problem with hospitals, resulting in an increase in medical negligence and medical malpractice. Overcrowding has become a serious problem in hospital emergency departments. This causes patients who need immediate medical help to sometimes wait hours for medical attention.

Painful Hip Injuries from Skechers Shape-Ups

One of the side effects of wearing uneven, rocky shoes is pain related to excessive pressure and stress. Skechers Shape-Ups and similar toning shoes can cause hip pain because its rocker bottom sole design can cause the wearer to strain more muscles and distribute their weight in an unnatural way that can cause severe hip injuries.

Dog Bites and Liability of Parents

Dog bite accidents in the United States is a growing problem over the years. According to the Centers for Disease Control and Prevention (CDC), about 4.5 million Americans get bitten by dogs every year, and of these cases, at least 885,000 require medical attention. In 2006, the agency reported that more than 31,000 people needed to undergo reconstructive surgery due to severe dog bite injuries.

Supreme Court to Revisit Copyright Protections for “Grey Market” Goods

The U.S. Supreme Court has agreed to revisit the issue of whether copyrighted works purchased overseas can be resold in the U.S., without the permission of the copyright owner. The Court previously considered the issue in 2010, but ultimately split 4-4 after Justice Elena Kagan recused herself.

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