California Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in California
A collision involving a large commercial truck typically causes much more severe injuries than accidents between two cars. Trucks can weigh up to 40 times more than the average car and are much greater in weight and size, as a result, most of the fatalities and serious injuries that occur in truck accidents are usually sustained by the occupants of the smaller car.
After being arrested for a DUI, life becomes viciously confusing and difficult. Logistics become skewed as memory fades and those indicted begin to panic. Before someone is charged with any form of a crime, they should hire a criminal defense attorney to evade unnecessary convictions. Here are a few reasons why an attorney should be hired as soon as possible.
The surge in prescription drug abuse may be directly linked to the small pads that doctors use to scribble prescriptions for patients. Authorities found thousands of these seemingly innocent pads that were unsigned and stored at a diagnostic imaging center in the San Fernando Valley in connection to a suspected Medicare fraud scam. This is but one example of a situation where paper scripts are being used by drug abusers and pill pushers.
Unlike the L2 visas, the spouses of H1B visa holders are not allowed to work. Speaking to many of the spouses on such visas, the Shah Peerally Law Group PC has decided to start a campaign to advocate for the spouses (H4 holders) to be able to work and be more independent. As such we are looking for testimonials of those suffering from the "unfortunate" conditions of being on H4 visa. Examples of the hardships can be:
If you or a family member receives an adverse ruling from the DMV relating to a DUI charge and you face a suspension of your driver’s license, it is only natural to think of an appeal. This may be a response to a belief that the DMV ignored evidence, misapplied the law or that the effects of a license suspension harm one’s employment, health or schooling.
After sustaining severe injuries in a bicycle accident caused by another party, wrongfully injured parties are encouraged to consult a professional San Diego bicycle accident lawyer regarding their potential rights to compensation. Although most bicycle accidents do not involve motor vehicles, in an accident between a bike and a car, the bicyclist frequently suffer severe, and sometimes even fatal injuries.
I am an Orange County criminal attorney; I am also referred to as an Orange County Criminal lawyer. It is the same thing. I have experience, passion, dedication, and success, while representing those facing prosecution for various crimes from drugs, theft assault to DUI. I treat no case too small or inconsequential when one is talking about your freedom. Prosecuted for a criminal offense is something that no one is prepares for, and it can literally ruin your life and turn your life upside down.
When you are young time seems to pass slowly as you anxiously await certain benchmarks. For example young people will look forward to the day when they can start high school and then get a driver's license and it can seem to take forever. On the other hand, many people will tell you that as you age time starts to pass by very quickly.
When a car hits a bicyclist, the aftermath can be tragic, particularly for the cyclist. Cyclists have no barrier to buffer the impact of a 4,000-pound vehicle, which is why cyclists typically suffer severe injuries in a car vs. bicycle accident. Catastrophic injuries, which is are potentially life threatening, disabling injuries, can include spinal cord injuries, traumatic brain injuries, bone fracture injuries, amputation (severed limb) injuries, internal organ injuries, and head injuries.
On December 10, 2010, security personal at a Los Angeles hotel called police about a reported burglary of a laptop computer and a Blackberry cell phone. Hotel personal believed the suspects were two women staying at the hotel. Police went to the women’s hotel room. At the door, police noticed a “strong smell” of marijuana. Police then knocked on the door and one of the women answered. Police then asked the occupants of the room to exit the room, which they did.
Statistics indicate that a high percentage of people who are approaching retirement age are simply not ready, and many seniors will never be able to retire. If you ask each individual who is unprepared how he or she got into this predicament, you will get a variety of different answers. But without question, a lot of people find themselves lacking because they expected too much from Social Security and Medicare.
Mark Zuckerberg and Dustin Moskovitz are two young men who are in possession of some extraordinary wealth. The Facebook founders are in a position where they have to look for ways to preserve considerable financial resources beyond their own lives. There can be significant tax consequences that go along with gift giving and asset transfers after death, so careful planning is key.
Far too many people go through life without executing the appropriate estate planning documents. The reasons why they procrastinate vary but one reason is the misconception that it is a very simple matter that can be handled at any given time. You simply jot down your final wishes, call it a last will, and the matter is closed.
In the latest in a rash of cases striking down arbitration provisions in employment agreements, the California Court of Appeal has done it again. In Samaniego v. Empire Today, LLC, the court found that the following facts showed the arbitration provision to be unconscionable and unenforceable:
A strike, defined as a serious or violent felony, carries with it a significant sentence under California’s “Three Strikes Law” (Penal Code §§ 667 (b) - (j) and 1170.12). A conviction for a second strike usually results in a doubling of the sentence. A conviction for a third strike carries with it an indeterminate sentence of twenty five years to life. This type of sentencing structure is in part designed to protect the public from violent and dangerous career criminals.
The Medtronic Infuse Bone Graft has been implanted into thousands of patients for spinal fusion surgery. Although the medical device was approved for only one purpose, analysts estimate that as much as 85.2 percent of Infuse use was for off-label purposes.
In an effort to reduce criminal activity, California adopted a sentencing scheme known as the Three Strikes law. Under this statute, felony offenders who receive three convictions are automatically sentenced to life in prison by state courts. Supporters applaud the law and its effects on crime levels, but critics call for change in light of the thousands of prisoners serving life terms for nonviolent crimes.
In this article, I give you a quick overview of the major regulatory compliance areas for physicians and medical practices, namely: 1. Referral Laws -- Anti-Kickback and Stark Self-Referrals 2. Billing Medicare and Other Payers 3. HIPAA 4. Supervision of Staff 5. Test Case -- Sharing Offices with other Health Care Providers
In this article I answer the question, should you incorporate your medical practice? What are the costs and benefits of forming a medical corporation? It’s a tough question. The answer depends on a balancing of different factors. Most of us suffer information overload not long after starting this analysis. All of the factors start swimming around in our minds and we don’t know what to think.
Termination is the most important provision in a Physician Employment Contract and a Physician Contractor Agreement. Your exit from the relationship is crucial -- everything must end, and most things will end bad, so be prepared. This article explains termination provisions and the consequences of termination of the contract.
The JOBS Act, signed into law on April 5, 2012, is intended to stimulate job creation and economic growth by improving access to the capital markets for smaller companies. In an effort to facilitate capital-raising for private companies, the JOBS Act created a new class of issuer known as an “emerging growth company,” or an EGC.
On April 5, 2012, President Obama signed into law the “Jumpstart Our Business Startups Act” (JOBS Act). The JOBS Act is intended to facilitate the creation of new jobs by easing securities law burdens on capital-raising activities by smaller companies.
Under People v. Harvey (1979) 25 Cal. 3d 754, a defendant who signs a plea bargain allowing a sentencing judge to consider the entire case, including dismissed and charges not filed, waives the right to challenge his sentence. In People v. Ronald Snow, a felony case out of Yolo County, the sentencing judge awarded $44,994.85 in victim restitution for, among other things, dental bills incurred by the victim when Snow knocked loose the victim’s dental crown with a punch and left eye surgery.
Although human error and inattention play a major role in many accidents, defective vehicles are also frequently to blame. Fortunately, the National Highway Traffic Safety Administration (NHTSA) regularly issues vehicle recalls when it discovers that specific autos have serious safety defects. Consumers must pay close attention to these recalls so they can avoid driving cars that can cause serious injuries or even death.
The once popular tennis company, Prince, known for its success manufacturing oversized tennis rackets – and originally, tennis ball serving machines and other tennis products - filed for Chapter 11 bankruptcy protection on May 1, 2012 in U.S. Bankruptcy Court in Wilmington, Delaware, after years of trying to attain stability and profit through sales of its products, brands and the company itself.
The Medtronic Infuse bone graft is a medical device used to treat degenerative disc disease of the lower back. Despite the fact that the Food and Drug Administration (FDA) do not approve the medical device for use in the cervical (neck) spine, the bone graft has been frequently used to treat disc damage in the neck.
In the content of a DUI, vandalism, possession of hashish, and other cases involving the suspension of one’s driver’s license, we often hear clients comment, “If they suspend my license, I will lose my job.” Other times, the client says their license is vital to transporting a sick parent to a doctor.
The Need for Stroke and Heart Attack Medication - According to the Centers for Disease Control and Prevention, stroke is the fourth leading cause of death in the U.S. Healthy blood vessels allow oxygen and other nutrients to flow to the brain. When a clot is formed that blocks the brain’s input of blood, a stroke may result, resulting in mild, moderate or severe impairment - or death.
Pradaxa is an anticoagulant, or blood thinner, that was approved by the FDA in Oct. 2011 to prevent blood clots in patients who experience atrial fibrillation, or irregular heartbeat. When the heart does not beat in a regular, healthy rhythm, blood may collect in the heart and clots may form as it collects. If a clot is pumped into the bloodstream and it reaches the brain, a stroke may result. Pradaxa was designed to thin the blood, allowing it to flow freely without clotting.
Aside from dealing with injuries, Los Angeles car accident victims also have to deal with filing their personal injury claim. Many accident victims are at awe when it comes to the legal rudiments and parameters of the tort law; hence, some of them are having difficulty filing a claim.
As more and more lawsuits are being filed against Skechers for Shape-ups related injuries and damages, a number of law firms are gathering plaintiffs for a class action suit against the shoe manufacturer. However, a class action settlement may not be in the best interests of severely injured individuals. Before you entrust your serious Skechers Shape-ups injury case to an attorney, make sure they can help you recover the full and fair compensation you deserve.
18 U.S.C. § 1341 prohibits the use of the U.S. Mail in furtherance of “any scheme or artifice to defraud.” This statute was enacted in 1872. In 1999, Congress added the words, “or for obtaining money or property by means of false or fraudulent pretenses, representations or promises.”
Seniors seem to be one of the prime targets for construction scams. Having recently testified as the door hardware, lock and security expert witness on a very serious elder abuse case involving the rape of a 93 year old resident of a retirement home, I am intimately aware of the potential for physical violence and neglect aimed directly at senior citizens. The following is about a completely different kind of abuse involving our senior population.
A Basic Primer about Automatic Door Functions - One of the most frequent calls I receive from attorneys is about injuries sustained from an automatic door malfunction. The call usually begins with a scenario much like, "My client, who is almost eighty years old, was in a hotel lobby, and as she was walking through the doorway to the parking lot, the sliding doors slammed shut on her, causing her to break her hip."
Early photos and expert inspection of a door injury site can be extremely important for your case. Hiring a competent door expert and capturing critical evidence is one of the most important things that you can do for your client. While your door expert should be thoroughly versed on every aspect of doors, door hardware, and installation elements, your ability to effectively describe the site shows your professionalism and concern for your case.
The first two questions that I am often asked by attorneys during deposition or trial testimony are "On what percentage of construction cases do you work for the Plaintiff?" and "On what percentage of construction cases do you work for the Defense?" It has been said that any expert that will work on either side of a case must have his own financial interest as his primary concern; the expert being considered an unreliable "Gun for Hire."
Most chain stores very rarely have a periodic maintenance (P.M.) plan in place for automatic door systems. Daily safety checks are the responsibility of the store or facility management. While evaluating your next door related injury case, it is essential that you have a full understanding of the various layers of responsibility that may play a role in the path leading to the door malfunctioning.
For cabinetry defect lawsuits the usual course of action by attorneys is to sue all parties in the chain of events, from design through installation. My job as a cabinetry and mill work expert witness is to inspect and evaluate casework, cabinetry, or millwork that may have either failed or may be deficient in some way.
I am offering this article for general information to assist attorneys in determining potential issues relating to manual door closer mechanisms. Manual door closers are ubiquitous. We take advantage of their service on a daily basis without usually noticing that they are in place or that they are doing their job correctly. It is when something is seriously wrong with these closers that they become blatantly noticeable and potentially dangerous. Why can door closers cause injuries?
Injuries resulting from panic hardware are more prevalent than you might think. Injuries can be due to lack of maintenance on these devices and/or installation of spurious parts or components. As a door and hardware expert witness and forensic consultant, I have been retained on many cases where installed panic hardware has been the source and cause of severe bodily injuries.
One of the remarkable changes to the 2010 tax law increases the amount a taxpayer may gift on a tax-free basis from $1 million to $5,120,000 ($10,240,000 per couple) for 2012, more than five times greater than any gift tax exclusion previously offered.
The Jumpstart Our Business Startups Act (JOBS Act) has made several important changes to federal securities laws. One of these changes has been to require the SEC to eliminate the restriction under Regulation D prohibiting general solicitation and advertising in connection with certain private offerings.
When dealing with a legal matter that involves embalming failure or service complications, you must look at several essentials that will result in the best results. In that regard, you need a consultant or expert that knows mortuary law and the daily functions of funeral service.
For many Americans, trying to understand the rules that regulate the securities industry and the investment firms that invest their money is like trying to read another language. The investment industry has grown immensely over the past decade, and that growth has brought a complicated and massive system of policing along with it. If you have invested your money in a security or a company, you must take extra precaution to protect your rights and avoid being a victim of fraud.
You may have heard about payable on death or transfer on death accounts when you have discussed the topic of estate planning with someone. These accounts provide for the direct transfer of assets to your loved ones after you pass away outside of the process of probate, and this is part of the appeal.
In our experience with those accused of felony hit and run (Vehicle Code § 20001), the biggest issue is whether our client knew that they were leaving the scene of an accident with an injury. The client often thinks only property damage was the issue or that the other person was at fault. Sometimes, our client is even unaware that there was an accident at all, perhaps because the cars never exchanged paint. The client then explains who else may have been using the car.
We have all seen it. An athletic person, appearing about twenty-five years old, pulls into a parking space reserved for handicapped parking. The driver opens the door of the car and jogs into the store, obviously disabled only in his or her judgment.
When you create your estate plan, you are required to make decisions that are extremely personal and highly confidential. Given the growth of the internet, and the ease with which information can be located with just a few clicks of your mouse, you may be concerned that your estate planning documents will be available to the public at some point in time.
According to the Brain Aneurysm Foundation, close to six million Americans have brain aneurysms that may one day rupture and either cause severe brain damage or cost them their lives. Stated differently, about one out of every 50 Americans is currently living with a brain aneurysm. While some of these may never expand to the point that they become critical, no one really knows which ones are the most dangerous. Simply defined, and aneurysm involves a blood vessel with a bulge in it
Anyone who has been charged with evading an officer, a violation of either Vehicle Code § 2800.1 (a misdemeanor) or § 2800.2 (a felony), usually either has a sense of outrage and insistence of innocence or, on the other extreme, cannot stop admitting their guilt. We suspect this is because on television, police chases are common and well understood.