Pre-Screened Family Law Attorneys

Pre-Screened Family Law Attorneys

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09/03/2020

Rep. Joe Kennedy III calls for $2.5 billion additional funding to PSF in COVID-19 relief bill.

“Any additional spending package from Congress must take into account support for legal aid and PSF. Without the assistance of counsel, low income families will continue to suffer long after the immediate health threat from COVID-19 ends. An additional $2.5 billion will go a long way to helping all Americans in this recovery," he wrote in a letter sent to Congressional leadership yesterday.

Read more: http://go.usa.gov/xfvRm

08/04/2020

Importing To***co into Florida for Resal
How does the Government classify to***co or to***co products?

The following are classified as to***co products in accordance with federal law:

-Ci**rs
-Ci******es
-Smokeless to***co (s***f and chewing to***co)

Although they are not classified as to***co products, you can import e-ci******es and “vapes” as long as you comply with applicable regulations regarding ni****ne- warning labels.

However, the To***co Control Act prohibits the import of any cigarette with a “characterizing flavor.” Although this rule does not include menthol, it usually applies to the flavored smokes otherwise known as “Bidis,” whether they are used for personal use or not.

Personal And Commercial Use.

U.S. law allows anyone who is at least 21 to import certain to***co products for personal use. However, the law caps the amount of ci******es that can be imported for this purpose at 200 ci******es (2 cartons or 20 packs) and caps the number of ci**rs at 100. There are variations on this rule that may allow you to bring more into the United States as a traveler, but this exception is contingent upon where you are coming from and where you got the ci******es.

U.S. law also stipulates that anyone importing to***co products for anything other than personal use (to sell or otherwise distribute them) must have a permit issued the Alcohol and To***co Tax and Trade Bureau.

Within this context, it is important to point out that you could feasibly use the permit to import more ci******es & ci**rs for personal use, but this would still require compliance with the same rules necessary to obtain the permit for commercial use.

How Do I Get A Permit?

According to the Alcohol and To***co Tax and Trade Bureau, all you need to do is fill out an application and provide the required documents.

Unfortunately, it’s not quite that easy. At the very least, you must submit the following documents:

1. TTB F 2093 (5200.3), Application for a Permit As a Manufacturer of To***co Products or an Export Warehouse Proprietor

2. TTB F 5200.26, To***co Bond – Surety (TWO ORIGINALS, NO PHOTOCOPIES)

3. TTB F 5000.9, Personnel Questionnaire, for each officer, director, or stockholder of more than 10 percent in a corporation; individual owner; partner; or member/manager of a limited liability company. (SINGLE COPY FOR EACH PERSON)

4. TTB F 5000.29, Environmental Information

5. TTB F 5000.30, Supplemental Information on Water Quality Considerations

6. A diagram of the factory premises.

There are more forms to be completed and filed based on your business structure (sole proprietorship, LLC or corporation), type of partnership agreement (verbal or written), and whether or not you are signing the documents yourself.

You can learn more about applying for a To***co Import Permit from the Alcohol and To***co Tax and Trade Bureau of the U.S.

08/03/2020

Food Truck Legal Issues

The common legal concerns that food truck owners face include permits and licenses, the constantly changing laws in various states, health and safety concerns, competition and costs that may change based on rules and laws.

Licenses and Permits
Most businesses have legal concerns with getting, keeping and maintaining a license or permit to sell food through a food truck in the local area. Some of these are difficult to acquire because the laws of the city and state constantly change. Other issues arise because the food truck business will face local ordinances that make getting a license or permit more complicated. However, some legal concerns exist because of the city administration only giving out so many a year or by delaying the process if the government does not want a food truck business in the area at that time.
Safety and Health Issues
Because a food truck sells consumable items, a health inspection is standard. The agent assigned to the food truck will need to check the business for any violations, problems with the food and inspect the license or permit as well. There are difficulties in maintaining the food truck consumable items as well as staying in a specific location for a time. Safety issues may also affect the owner such as tools, equipment and space where the truck remains. Certain products used in the food truck can also become unstable over time such as gas canisters or brick ovens.
Safety and Sales
The food truck can also face liability issues through sales of food when the equipment or tools do not produce consumable items that are safe for consumption. Food poisoning and illness can occur when the food truck owner does not carefully monitor what happens with products and materials. If the refrigeration is off, the temperatures to cook are not high enough or errors are made, liability concerns may increase to the point of a lawsuit against the owner. These safety concerns prompt inspections with the local health departments. Any failures to adhere to laws and rules can also violate inspections and local laws.

Food Truck Costs
Costs with food trucks do not often lead to legal issues, but when the owner cannot repay a loan or must acquire additional sources of funding, this factor can also cause a legal problem later. Many food trucks are a purchase that the owner will have even if the business fails. However, some will rent the truck and supply the equipment, tools and food materials to increase sales. Then, through the rental or ownership, the business owner will pay off loans and other funding sources over time. It is the failure to do so that can cause a legal problem.
Food Truck Competition
Competition between food trucks or even with restaurants can lead to legal issues in various ways. This drive to outperform generally will increase the risks the owner will take to increase sales and keep ahead of others that sell similar food. However, other risks can occur such as unhappy customers or clients that suffer injury through mistakes made with the competition. Some of these involve food poisoning or illness and others can include products that harm the customer more directly such as shards of glass or sharp metal. Any injury sustained can lead to legal concerns through litigation.
Inconsistent Laws
A significant problem that food truck businesses have is that of inconsistent laws that affect the various locations the food truck will travel to and remain. Some of these affect getting a license or permit and others can limit the time the food truck remains at the area or even what materials the owner can purchase and provide to the customers. General laws can issue tickets to the owner or have the truck towed while specific laws can lead to the city suing the food truck owner. These inconsistencies usually lead to the need to hire a lawyer to defend against local government and other business problems as well as against customer litigation that can cause numerous problems.
Legal Support for Food Truck Legal Issues
The customer that suffers because of mistakes a food truck owner makes will need to hire a lawyer to pursue compensation for injury. The lawyer will need to investigate the food truck and even interview the owner to determine what happened and how it affects the client from the incident.

08/03/2020

Dangerous Drug Claim - Can a Lawyer Help Me?
Many dangerous drug claims involve prescription drugs. In these claims, the victim sustained an injury through the wrong dosage, incorrect medication, or the side-effects of the drug that the patient either does not understand or suffers because of an allergic reaction.

What Is a Dangerous Drug Claim?
Generally, there are several drug-related conditions and problems that arise often. These are either through the wrong drug administered or something different such as a change in physiology or doses that are off. Some side-effects will affect one patient in minor inconveniences while another will damage the body in different ways. Some side-effects are because of allergic reactions and others happen that are specific to only a
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small percentage of the population. If a hospital administers a drug that has potential consequences and does not inform the patient about these issues, this could lead to a medical malpractice suit
depending on the level of damage caused.
Knowledge about the Drug
There are some drugs that are either experimental or that have several side-effects that could harm the patient in different ways. These often depend on what type of drug and the dosage the patient receives. In normal circumstances, the doctor or hospital staff already know that some side-effects are possible. Usually, one of these professionals will explain the potential dangers and warn about taking so much of the drug over a certain period of time. However, if the medical professional knows about possible side-effects that pose a danger and does not inform the person, this could lead to a claim.

Proof of Taking the Drug
It is important to have a letter from the doctor or pharmacist that either prescribed the drug or that provided it through payment that the individual did have the drug. Then, the doctor can confirm the use and taking of the drug. This proof is necessary for the negative effects or injury to have validity in these incidents. The defective or harmful drug must cause the injury or condition for the claim to provide compensation. The drug company or manufacturer may dispute this and that the drug was the problem that caused the injury.
Statute of Limitations
Another way the lawyer can help with these injuries is to ensure that the claim happens before the statute of limitations ends. This is vital to pursue the case in the courts. Depending on the state where the injury took place, the statute could provide the individual with one or two years or up to six for personal injury through dangerous drug claims. However, the moment the damage starts is usually when the statute of limitations begins. If the person waits to take the drug, for whatever reason, this could extend this time. Verifiable proof through a doctor as to when the patient took the medication may assist greatly in these matters.
Drug Recall and Adverse Drugs
When a person already has or has taken drugs that progress through a recall, he or she may have a valid suit against the doctor, manufacturer or another party when injured by the side-effects or active use of the medication. The Food and Drug Administration may recall the drug, or the manufacturing company may do so when it could harm customers or patients. The recall may occur in one of three categories. The lawyer hired for these claims will need to determine the calculation of compensation necessary based on this level and the full injuries sustained because of the active use of a recalled drug.

An adverse drug can harm patients and customers through the three categories. The first is usually the most serious with possible death as an outcome. These are normally toxic with food, can have defective parts in the lifesaving devices provided by a medical manufacturer or could cause an allergic reaction. The second category is usually only temporary in adverse reactions and often does not cause serious injury or death. The last and third category is the least serious with few if any adverse reactions or injury.
Legal Help with a Dangerous Drug Claim
Legal support with a dangerous claim for drugs usually starts with determining which category the drug causes with adverse effects. Then, the lawyer will need to consider the actual injuries sustained and how much in compensation calculations is reasonable for the damages. Through help with the claim, the victim has a better chance of explaining the matter to the courtroo

08/02/2020

Protecting Your Website From Liability

Websites are subject to liability the same as businesses and companies through various acts, terms, users, and injuries. There are many website creators that are sued based on the content and lack of content within the pages.

Certain conditions and information should be present, but when it is not visible or considered hidden, the creator or provider may find himself or herself in a legal battle. This means that it is important to protect the website and the person that owns it from liability. There are a number of ways to do this, but it is best to ensure a lawyer is available for any possible litigious complications that arise.

Every website that provides some sort of content that
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could cause complications should come with a website disclaimer. This means that any website that has data, statistics, steps or similar matters should come with a disclaimer so that any users that read the involved content do not try or accept these matters which could lead to injury or problems for the users. Issues often arise when someone reads how to assemble an item, but in the process he or she harms his or her body.

These activities could lead to a lawsuit if the wounds are severe and require extensive medical care. Disclaimers are frequently affected by errors, missing data, viruses, third-party urls or similar concerns. However, the disclaimer could be overpopulated, have too much said, place too much upon the disclaimer and may lead to legal difficulties. Before relying upon these items, it is best to contact a lawyer to determine if the disclaimer is enough but not too much in averting possible disaster.

Privacy Policy
Many websites have privacy policies that are clearly defined with certain conditions or information attached. In many instances of this, they are either on the initial site page, or they are boxes that must be clicked with an ok or exit. The company that has created the content must post an easily viewed privacy policy that explains the security and stand on certain information that is associated with that is collected and used by the organization from users that access the site. This means that when someone goes to a page online, he or she accesses certain areas of the website, and the owners collect the data he or she supplies through moving through pages or when typing information into the fields supplied.
Intellectual Property
When online, there are vast sources of information that are considered intellectual property. These may be pictures, video, words, processes or the content on a website. It is important that those accessing the data are aware that copying and using these items may infringe upon the rights of the owner of the website. The intellectual property protections usually are visible on the site or with the content so that users understand what may be under the direct domain of the owner, company or creator of the information. However, it may be possible that the page creator may use software to keep others from copying or distributing the intellectual property within pages.
Coordination in the Company
Litigation is possible when a company is not able to coordinate and keep problems from arising. This means that communication should be utilized as best possible so that each key worker is aware of an issue, a solution and the action needed to keep a lawsuit far away from the business. This usually translates to activity and certain aspects applied to the website. If someone has copied data, images or video and posted these elsewhere, it may lead to possible problems for the company. This requires action on the part of the organization and a remedy to the posted material. Officers, directors, supervisors and managers that become aware of an event that may lead to litigation could be personally held responsible if they do not complete appropriate response to the threat. When the content on a website is involved or the website itself needs additional protections, these should be handled immediately to reduce or eliminate the risk of liability.
Policies and Legal Protection
Outside of the website and within the company, there must be detailed policies and procedures already in place for the possibility of a problem arising. The best way to do this is to ensure a plan of action has already been conceived and ready to be implemented immediately. One of these routes could be to have a business lawyer on hand to deal with infringements of intellectual property or to seek a remedy for violations of terms and conditions.

08/02/2020

When Should You Hire a Maritime Attorney?
Not every personal injury case near or on the water requires hiring a maritime lawyer. Learn more specifics as to when it is necessary to hire a maritime attorney.

Maritime law, also known as the law of admiralty, covers a wide range of injuries that occur at or near the sea. However, there are many injuries that are not covered under maritime law. Before contacting a maritime attorney, it's important to know whether or not you have a maritime injury case. Just because you were injured at or near the sea, this does not necessarily constitute a maritime case.

At first this may seem a bit confusing. For instance, you may
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have been swimming at the beach and were injured, but that doesn't necessarily mean you have a maritime case. However, if the swimming accident was the result of a boat driver, you may have a maritime case. This was the case in Schumacher v. Cooper, 850 F.Supp. 438 (D.S.C. 1994). In this case the plaintiff was trying to swim out to a boat and was hit by the defendant's boat's propeller, causing a "mangled leg and back." This was treated as a maritime law case and the plaintiff was awarded $125,821.62.

The question remains though, how would you go about differentiating a case that constitutes maritime law versus another type of jurisdiction? A simple rule of thumb is the maritime law includes any time a boat or a vessel (either commercial or recreational) is present at the time of the injury. In the case of the swimmer above, the plaintiff was hit by a boat. Hence, this is a maritime law case. While this may be an oversimplification, it's a good rule of thumb for the layperson.

Now you know that maritime cases generally involve marine vessels. However, that still leaves the question as to what types of personal injury falls into maritime law. While there is no good rule of thumb here, the above rule of thumb will suffice, if a maritime vessel was involved and there was an injury, then it is most likely a maritime case.

While most injuries on the water occur due to recreational boating accidents, maritime injuries happen to maritime workers too. Often these injuries are the result of some time of negligence on the part of the maritime company in order to properly safeguard employees against accidents.

Here are some common types of maritime injuries among workers:

• Slip and falls – If a boat's deck, stairs, or crew are wet, a slip and fall injury may result.

• Collisions and bumps – A worker can be injured by almost anything on a boat. Injuries may be the result of improper safety precautions taken with cranes, dollies, carts, machines on-board the vessel and even improperly secured cargo.

• Heavy lifting – An injury may simply be the result of lifting a heavy object at the wrong time. Perhaps the boat's deck tilts unexpectedly, or the hit of a wave causes the person to lose control of the object and it falls on them.

• Sickness – If a maritime company does not follow sanitation guidelines, many of the crew members could get sick which may result in complications and serious injury.

If you were injured by a recreational boat or while at work on a maritime vessel, most maritime attorneys offer free consultations. Before contacting a maritime attorney though, do your research and collect all the facts. Be ready to present the attorney with everything at your disposal that may have an affect on the case. Be sure to mention dates, times, injuries, doctor appointments, medical records, any contact you've had with insurance companies or other parties, etc. The more information and evidence you can provide the better your cas

08/02/2020

Cruise Ship Claims

A vacation aboard a cruise ship can be a memorable experience, an affordable, all-inclusive vacation option, and a great way to see exotic ports of call. But, what happens when something goes wrong and your memories end up being of sickness, injury, inadequate medical care, fire, being stranded, crime, or even the wrongful death of a loved one?

One of the first issues to confront is figuring out which laws and venue applies to your case. Often, the case may be governed by maritime law, or the law of the seas. Of course, this can vary from place to place, so the applicable maritime law is usually the law in place in the corporate headquarters of your cruise line. This is also often where you will have to bring your lawsuit, even if your port of call was a different location, because many cruise lines use what
is known as a forum selection clause in their purchase agreements. Remember all that small print you probably didn't read when you made your reservation? That's where the forum selection clause is often hiding. So even if you live on the west coast and took a trip to Alaska, you may end up having to fight your court battle in Miami, Florida.

Of course, it is often unclear which laws may apply to an incident, or if there are any laws that apply at all, because cruise ships often travel into international waters, areas beyond the territorial boundaries of any country. This can also mean the ship has traveled beyond the reach of the laws of the United States. Complicating the picture, most cruise ships are also registered in a foreign country and fly a foreign flag. Often, these countries have very lax enforcement policies as pertains to cruise ships.

Many of the laws that do apply to cruise ships have not changed significantly from rules that were established centuries ago, when ships sailed by wind and were made of wood. These laws reflect the social standards of that time and continue to favor owners over passengers and crew members.

Cruise ship cases can include injuries, like trips and falls, assault by crew members or other passengers, sexual battery, and other personal injuries. They can also include claims related to cruise ship accidents like on-board fires, running aground, or being stranded at sea. Cruise ship lines have a responsibility to make sure there are no hazardous conditions on a ship that can cause injury to its passengers. This can include providing adequate security to protect you from crew members and other passengers. Similarly, cruise lines have an obligation to ensure their ships are in good working order and their personnel are properly trained. When cruise ship accidents occur because of poor maintenance, incompetent staff members, inadequate safety equipment, inadequate emergency precautions, and/or improperly trained employees, cruise ship owners can be held legally responsible for negligence or other causes of action.

Because of the nature of a cruise ship, you might have a variety of different types of damages. For example, you may have the direct injuries from your accident, including medical expenses, pain and suffering, and mental anguish and emotional damages. You might also have lost wages, not just from an injury but from a delayed cruise ship. You may have monetary damages from missed flights, extra nights in hotels, etc. You could also suffer post-traumatic stress after any incident in the isolating confines of a cruise ship.

In most admiralty and maritime cases, the statute of limitations is just three (3) years. However, cruise ship operators often require that ticket purchasers agree that any such case must be filed within one (1) year, and that the case must be filed in a particular court, usually in federal court in the Miami, Florida jurisdiction. As a result, if you have a potential claim against a cruise line, you will need to move quickly and get the information you need about filing your case as soon as possible.

Because of the obstacles both the law (or lack thereof) and the cruise lines themselves place in your path, it is important that you strongly consider hiring an attorney who specializes in these types of cases. You may well need an attorney who specializes in maritime law, a fairly small specialty.
What About Crew Members?
When we think about cruise ship cases, we normally just think about claims by passengers for vacations gone awry. But what about crew members: the people most likely to be exposed to danger just because of how often they are on the seas? The Jones Act, 46 U.S.C.§ 30104, is a U.S. federal statute and is one of the applicable laws relating to compensation for injured crew members. Jones Act claims can be extremely complex and difficult to prosecute because they are strictly construed from the statute. General maritime law also provides for damages for crew members who are injured due to un-seaworthy conditions aboard the ship.

Again, given the complexity of maritime law and the applicable federal statutes, it is important to contact a qualified, experienced attorney to guide you through the process of seeking recovery for your injuries or for the loss of a loved one.

08/02/2020

What Is The Effect of Multiple Wills?

Through the use of multiple wills, an estate owner may acquire the ability to avoid or reduce the effective taxes on the estate or for certain assets depending on what the will designates. While the effect could cause problems for some individuals, it is a more popular way of decreasing how assets and property are burdened by taxation.

An estate owner may create multiple wills for various reasons. If he or she does not invalidate one of the previously created wills, he or she may have a reason to have more than one legal document. Sometimes this is to divide what each heir will receive, other times it is to ensure that only each person knows some of what the estate owner will leave behind. If he or she either does not want anyone to know the full details or only wants each person to know what he or she will receive, multiple wills may provide the exact purpose of doing so by the estate owner.
Avoiding or Reducing Taxes
Some estate owners use various forms of estate planning through multiple wills to reduce what taxes he or she will face in the estate when passing on the assets through a will. To prevent so much of the monetary property moving and transferring from the whole estate to an heir, he or she may make use of multiple wills to break up the pieces and hide certain aspects from taxation. He or she may use other legal documents that may prevent larger portions of taxes taken out. Through new and innovative plans through multiple wills, this person could keep much of the estate intact when he or she dies.
Other Methods in Use with the Will
While there are many instances where multiple wills may provide the means to reduce or eliminate certain taxes, the estate owner may also use other methods. He or she may use a will or two in conjunction with a trust or by passing a business onto another person. He or she may have another legal document that transfers assets to a dependent or could use an estate gift of up to $11.2 million to a spouse or heir. By creating multiple wills, this could also provide the means of effecting other methods simultaneously. However, he or she may need an experienced estate planner to keep confusion from causing problems.

The estate owner may hire a director to help bypass state laws by using a will to designate who gets what based on which will he or she creates. The estate may pass into the hands of an estate planning lawyer to affect the provisions of the wills held by the legal professional. This could keep other family from attempting to seize various property and accounts due to probate court. With someone holding the wills to ensure the details are safe, the estate owner may plan on keeping most of his or her assets and property out of the hands of greedy family members.
Different Assets
When the estate owner has multiple types of assets, he or she may want to create multiple wills to ensure a better inheritance process for specific individuals. When he or she has a privately-owned business such as a corporation, he or she may use an additional will to prevent a larger portion of taxes affecting the corporation involved with the estate. It is possible to accomplish this by separating the assets with a different legal document such as a will. The administration taxes on the estate with a corporation lumped together with the rest of the estate could impose a larger amount of debt against the estate than the owner wants when he or she dies.

By using multiple wills, the estate owner may also shield other assets from the family or other interested individuals. It is often necessary to guard the accounts and financial information form a family or spouse when the estate owner plans on passing certain items to specific individuals or charities. If the owner of the estate has certain plans, he or she may need to hire an estate planning lawyer to carry them through after he or she dies.

07/21/2020

Social media websites have become beneficial for businesses in finding work-related resources and employment opportunities. However, there could be legal risks that complicate these matters such as when the right contract has not been drafted the individual could leak vital data.

Other problems may arise through social media coverage of the event. This means that the details of the hire may be published online for everyone to peruse. The internal workings of the hiring process or other methods in obtaining workers could be revealed.

Ads and marketing campaigns directed at hiring individuals are complicated when involving other media where the rules and regulations either don’t exist or are still in their infancy. The risks of potential
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problems are greater when engaging in practices that are little known or not widely used. Additionally, someone that has been hired that works in or with social media could pose a risk in his or her online continued presence. He or she could leave details of work-related processes, projects and similar items that lead to concern by management. That may mean that a good and experienced lawyer is needed before the hire is completed to ensure all documentation protects the company from these risks.
Equal Employment Opportunity Issues
One concern is the possible equal opportunity for employment. Even in the computer age, not everyone has access to social media when looking for a job. Many are economically challenged, and obtaining gainful employment without the use of social media and online access could prove difficult and increase the hardship in finding work. This means that certain portions of the population, races, ethnic groups and locations within a state are not able to find a job in the same manner as others. Equal opportunity is taken away from these individuals. For a company, this could lead to legal concerns and possible risks for litigation.

It may be more beneficial to include social media as one of many different aspects in obtaining new employees. This then permits the employer or management in a broader range and ability in finding employees. Per guidelines, advertisements through social media must include the EEO and affirmative action details. This avoids specific types of litigation and all hiring documents should retain these and other particulars that the law demands. However, acquiring websites and other social media to expand the ways to hire someone is not utilized by many companies, and those that take advantage of this strategy are ahead of many other businesses.
Other Legal Risks
There are complications with certain aspects of social media hires. It is illegal for anyone to ask for the password of an account held through social media by anyone that may be employed. The entire country holds this law due to the Stored Communications Act. That means only public content is viewable by management and employers looking for new hires. To be fair, it is best if Human Resources checks and reviews social media content, as this may be the only way to retain an unbiased process. The look or feel of some site might lead to negative opinions without a work basis, and the background and work history may be disregarded.

Consistency is another way to be fair and keep legal risks at bay. This means that either everyone’s social media profile is looked at or no one’s is. The decision to hire or pass should be documented and it must contain why the decision was made. The page observed should be included for future use and if a challenge occurs. It is important to only focus on what the individual has said, commented and explained online and to ensure that others’ opinions and words are disregarded. Many other laws should be fully understood based on the state where the hiring takes place.
Other Legal Considerations
There is a legitimate concern that there may be protected characteristics and aspects of a person’s character that may cause complications when hiring through social media. However, if the screening process is fair, obeys the laws and does not discriminate or have a bias leaning, it may be possible to avert possible legal risks. The best way to prevent legal considerations being negative is to hire a lawyer to assist with the entire process from the beginning of using the HR department to the final act of having the new hires sign employment papers. A legal representative may help in removing possible litigious factors.

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