| A number of Craigslist’s online peers are helping the company defend itself in a lawsuit accusing them of allowing users to post discriminatory ads in violation of the Fair Housing Act. Craigslist has argued that the 1996 Communications Decency Act provides immunity from such liability for postings on their website. Lynne Marek, Law.com 06/28/2006 |
| Read Article: Law.com |
Hurricane Katrina has exposed long-neglected flaws in the city’s criminal justice system. Many public defenders have been laid off because of a lack of funding and thousands of prisoners go months without ever seeing a lawyer. Several changes to the system including a plan to provide more funding could help jumpstart a program in desperate need of assistance. Sharon Cohen, PhillyBurbs.com 06/24/2006
Naomi Campbell appeared in a Manhattan courtroom Tuesday where prosecutors said a plea bargain was possible in her cell phone assault case. She did not speak during the brief proceeding.
The real action came outside the lower Manhattan courthouse, where some 50 photographers and camera crews waited for a shot of the 36-year-old supermodel after her appearance before Criminal Court Judge Evelyn Laporte.
Campbell, attorney David Breitbart and Campbell’s small retinue were forced to hide inside the courthouse for about five minutes until a car arrived to take them away from the media horde.
When Campbell’s case was called, prosecutor Shanda Strain told the judge that no grand jury action had been taken in the case. The defense then agreed to an adjournment pending a possible plea deal, and Laporte ordered everyone to return to court on September 27.
Campbell, wearing a tight black dress with 4-inch heels, her long hair flowing down the length of her back, was silent in the courtroom. She was arrested March 31 for allegedly throwing a cell phone at one of her employees in a dispute over a missing pair of jeans.
Refresh. Refresh. Refresh. The first graduating class of Concord Law School sat at their computers last month, awaiting their bar exam results — which were supposed to be posted online at 6 p.m. Instant messages and e-mail flew back and forth, just as they have for four years among this unique, tight-knit group of would-be lawyers.
DURHAM, North Carolina (AP) — A woman who accused three Duke University lacrosse players of rape initially told police she was attacked by five men at a team party and at one point denied she had been raped, according to a police report released Friday by a defense attorney.
Authorities said previously in affidavits that the accuser reported she was raped by three men at a March 13 lacrosse team party where she and another woman were hired to perform as exotic dancers.
Three lacrosse players have been charged with rape, kidnapping and sexual offense in the case. Attorneys for all three players have strongly proclaimed their clients’ innocence.
Fraud occurs when a person knowingly or intentionally conceals, misrepresents, and makes a false statement to either deny or obtain workers’ compensation benefits or insurance coverage, or otherwise profit from the deceit. The key to conviction is proving in court that the misrepresentation or concealment occurred knowingly or intentionally.
Premium fraud and benefit fraud are the most common types of workers compensation fraud.
Premium fraud is usually committed by an employer who misrepresents the amount of payroll or classification of employees, or who attempts to avoid a higher insurance risk modifier by transferring employees to a new business entity rated as a lower risk category.
Benefit fraud is usually committed by: a worker who works full time at an unreported job and draws benefits when he or she is supposed to be unable to work, or when a worker fakes an injury; a health care provider or attorney who assists the worker in fraudulent schemes, participates in double billing or bills for services not provided.
CHICAGO, Illinois (AP) — Romarr Gipson was arrested and told he was a killer when he was 7. It took almost a month before he and a friend were told it was all a mistake and they could go home.
Now 15, Gipson is behind bars, charged as an adult in a double shooting. And some wonder whether the false murder accusation ruined his life and pushed him down a troubled path.
“The detective pointing his finger at him did this to him. The court did this to him,” said the Rev. Paul Jakes, a community activist.
The arrest is another chapter in a story that continues to haunt the lives of those involved.
Gipson and another boy, then 8, were falsely accused of killing 11-year-old Ryan Harris in 1998 for her bike.
The boys were ultimately cleared after tests showed semen on the girl’s clothing could not have come from them. DNA tests later led prosecutors to charge a convicted sex offender, who pleaded guilty in April and was sentenced to life in prison.
The collapse of the case against the boys led to an Illinois requirement that children under 13 charged with murder or sex crimes must be represented by an attorney when they are in custody and being interrogated.
In addition, Chicago police now require a parent or guardian to be present when youngsters under 13 are held for questioning on felony charges. Also, Illinois requires the videotaping of interrogations in homicide cases.
Gipson’s family settled with the city for $2 million. The other boy’s family settled for $6 million.
Then, over the weekend, authorities said Gipson and his 18-year-old stepbrother were caught on video as they opened fire on two men in a parked car Wednesday at a gas station in the suburb of Calumet Park. One of the victims was seriously wounded. The other was treated for a bullet wound in the leg and was released.
Gipson and his stepbrother were charged with aggravated battery.
Jan Susler, an attorney who represented Gipson in his lawsuit against the city, said the false allegations against him traumatized him.
“This kid was identified wrongly by the Chicago police as a kid capable of doing the most heinous, heinous, horrible act, somebody who could actually sexually attack and murder a little girl,” Susler said. “When authority figures tell a kid they’re capable of that, it shatters him.”
Susler said the boy wet his bed for years, chewed his fingernails until he drew blood and would dive to the floor of a car if he saw a police car approach. In 2004, at age 14, he was arrested for accidentally shooting a friend and placed on electronic home monitoring.
Ryan Harris’ mother, Sabrina, said she does not believe that Gipson’s arrest in 1998 led him to the point where he’s now charged with a crime.
“You can’t keep blaming what happened eight years ago on what you are doing currently today,” she said. The other boy, she said, “You never hear anything about him.”
But while the other boy has not gotten into the same kind of trouble, attorneys say the youngster was transformed from a sociable, bright kid who earned good grades into a frightened teenager who rarely steps off his porch.
“It’s safer in the house,” the boy, identified only as E.H., testified before his lawsuit was settled.
Gipson’s latest arrest has been all over the local news, and many people have called into Cliff Kelley’s morning show on WVON to weigh in.
“They’re not saying, `Oh, this poor kid,”‘ Kelley said. “They are just saying that society has failed him and society is partially responsible for where he is.”
by: Jinky C. Mesias
Social Security is an agency of rules and regulations. These rules and regulations command for strict compliance among its members. During the processing of claims it cannot be helped that some claims are rejected or denied. The rejections of the claims are based on a thorough analysis of all supporting documents and papers submitted to the agency. Nevertheless, it is also natural for members to challenge the decision of the agency. But as I mentioned the agency has rules and guidelines to follow so if ever a member would like to complain he or she should know the proper procedures involved in appealing.
Members are given sixty days or two months to file for an appeal. There are four levels of appeal which members may apply to and these are as follows: reconsideration, hearing by an administrative law judge, review by the appeals council and the federal court review.
Appealing for reconsideration means that you are asking for another complete review of your submitted claim but this time the reviewer would be a different agency personnel. This person will try to review every minuet detail of your claims as well as your submitted documents and will try to look for new evidences that will help you in your appeal for claims.
Mumtaz Shah
The Whiplash Compensation Claim
The first of the variable factors will depend on how you make your whiplash injury claim. If you make a compensation claim directly against the insurance company, then you will likely be compensated in accordance with the settlement agreement you make with the insurance company.
However, if you decide to seek the advice of a compensation solicitor to handle your whiplash compensation, then you could be entitled to compensation categorised as
(i) General Damages and
(2) Special Damages.
General Damages For Whiplash
The overall amount that you may be entitled to under General Damages is difficult to determine as it is paid for the physical pain and suffering (i.e. the actual damage - such as a whiplash neck injury or something more serious) that you encounter as a direct result of the accident you had.
You may also be allowed to claim for emotional pain and loss of enjoyment of life as part of General Damages. Finally, if the pain and suffering you encounter as a result of your injury causes you to suffer psychological disorders, such as depression, then this may also be included in your compensation claim.
Although General Damage sums awarded by a court will be dependant on their set guidlelines, the details of your medical report detailing the extent of the whiplash, the actual injuries caused, and the possible harm it has had on your emotional state will, all play a pivotal part in the whiplash injury claim.
Special Damages For Whiplash
Unlike General Damages, Special Damages can be fixed to some degree and are payable to you as a result of you having encountered certain special losses because of the accident.
In particular, Special Damages are payable on any loss of earnings (including any potential loss of future earnings as a result of the accident) you may have to endure while you recover from the accident; car hire expenses you have to pay as a result of your car being in the repair shop; if you have to pay someone to look after you while you recover from your whiplash, these can be recovered; and if you have paid for medical attention to treat the injury, you can also include these in your claim.
If you want to claim for Special Damages you need to keep a careful track of all the payments you have made and where possible you’ll need to have receipts.
Insurance Settlement
If you decide that you do not want to make a whiplash injury compensation claim through the courts, then you need to agree to enter into a settlement agreement with the insurance company. In this case you need to make sure you read the terms of the settlement agreement very carefully as insurance settlement claims usually contain provisions
(1) that the insurance company can pay you in instalments, rather than a one-off lump-sum payment;
(2) that once you have been paid the whiplash compensation by the insurance company you cannot reopen the claim in the future to try and get some more money and agree to no longer hold the insurance company liable for any future cost or loss.
Limitation Period To Bring A Claim
If you have recently suffered a whiplash injury, then you have a period of 3 years from the date of the injury in which to bring proceedings to court. If you fail to bring your whiplash claim to the courts within this time you will have forfeited your right to make a claim.
Whiplash Injury Solicitor
Whether you have suffered a neck injury, back injury, or bruising, in order to know exactly what your rights are you should seek a consultation with a lawyer as soon as you can following the accident and in any case before you agree to sign any settlement agreement with any insurance company as they are not obligated to tell you what your legal rights are but also what compensation you should be entitled to.