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Category: Federal Law

New Regulations Help Nursing Home Residents Seek Justice

Posted on October 18, 2016 Federal Law,In The News,Nursing Home Accident,Nursing Home Neglect,Personal Injury,Slip & Fall,What We Do For You (Civil Process)

The United States Department of Health and Human Services finalized an administrative rule that will deny Medicare and Medicaid benefits to nursing homes that require residents to sign forced arbitration agreements. The new regulations will help preserve the rights of individuals injured as a result of nursing home neglect.  These important rights include the right… read more

The Right to Jury Trial in Civil Personal Injury Cases

Posted on January 5, 2016 Car Accidents,Federal Law,General,Myth Debunker,Personal Injury,State Law,What We Do For You (Civil Process),You’re Injured, Now What?,Your Trial

Persons injured in motor vehicle accidents often ask if they have a right to a jury trial on their claim.  In federal court and in many state courts, the right to a jury trial in civil cases seeking money damages is a constitutional right.  That means that if a party properly invokes the right to… read more

The Number of Jury Trials is in Decline with Various Implications for the Justice System in Wisconsin

Posted on March 5, 2015 Federal Law,General,In The News,Local News,Personal Injury,What We Do For You (Civil Process),Your Trial

According to the State Bar of Wisconsin, Inside Track Newsletter, the number of Wisconsin jury trials has steadily declined in both federal and state courts for the past 30 years. While personal injury cases generally go to trial more than other civil cases, the State Bar article indicates that juries only resolved 115 of 3,928… read more

The National Safety Council Recognizes This April As National Distracted Driving Awareness Month

Posted on April 16, 2014 Federal Law,General,In The News,Local News,Myth Debunker,State Law,Vehicle Accidents

The National Safety Council (NSC) is recognizing this April as National Distracted Driving Awareness Month.  To prevent needless deaths due to cell phone use while driving, the NSC urges people to: Stop using cell phones while driving. Recognize that hands-free devices offer no safety benefit. Understand the dangers of the cognitive distraction to the brain…. read more

The Legal Implications of Climate Change

Posted on February 25, 2014 Federal Law,General,In The News,Local News,State Law

Snowfall again blankets North America during a tediously long winter that has followed on the tail of another unusual weather reading and rare phenomena such as Superstorm Sandy.  Conversation continues to focus on the impact of climate change.  Will this ever end?  What’s next?  How will climate change affect the American people and economy in… read more

What Are My Rights Under HIPAA If My Personal Health Information Has Been Disclosed Without My Permission?

Posted on November 22, 2013 Federal Law,General,In The News,State Law,What Does This Word Mean?

1.         What is HIPAA? HIPAA is a federal law, the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Public Law 104-191.  Congress passed HIPAA to create federal standards governing privacy and disclosure of confidential health information.  Congress wanted the same standards to apply in all states so that health care providers would not be… read more

Free Speech in the 21st Century: U.S. Court of Appeals Rules “Liking” a Facebook Page Constitutes Free Speech

Posted on September 30, 2013 Federal Law,General,In The News,Local News,Myth Debunker

In a recent decision, the Fourth Circuit U.S. Court of Appeals held that “liking” a Facebook page communicates both substantive speech and symbolic expression and is thereby protected under the First Amendment’s Free Speech Clause. According to the decision, six former employees of the Hampton, Virginia Sheriff’s Office sued Sheriff B.J. Roberts after Roberts allegedly… read more

Constitution Day: September 17th, 2013

Posted on September 18, 2013 Federal Law,General,In The News,Local News

Also known as Citizenship Day, Constitution Day is a civic holiday celebrated on September 17th, the day the Constitutional Convention signed the United States Constitution in 1787. This year marked the 226th anniversary since thirty-nine delegates of the Convention signed the document in Philadelphia. Constitution Day also recognizes all individuals who have become United States… read more

New Supreme Court decision opens “gateway” to freedom for prisoners who can prove actual innocence.

Posted on June 17, 2013 Federal Law,In The News,Local News

The Supreme Court of the United States has grappled with the problem of convicted prisoners who believe they have evidence of actual innocence that should set them free.  In recent years, the trend of case law has been to limit the rights of convicted prisoners to return to court seeking to raise new evidence of… read more

Proving Damages or Harms Resulting from an Injury is a Central Issue at Trial

Posted on June 2, 2011 Bicycle Injury,Boating Injury,Brain Injury,Bus Accidents,Construction Accidents,Dangerous Products (Product Liability),Dog Bites,Drunk Driving,Farm Accidents,Federal Law,General,Hazardous Materials,In The News,Insurance Disputes,Local News,Medical Malpractice,Motorcycle Injury,Myth Debunker,Pedestrian Injury,Pharmaceutical Product Injury,Slip & Fall,State Law,Tags,That’s Outrageous!,Vehicle Accidents,What Does This Word Mean?,What We Do For You (Civil Process),Whiplash Injury,You’re Injured, Now What?,Your Trial

Civil trials typically concern two issues: 1) Liability. Is someone, usually the defendant or their liability insurance company, responsible for the damages the plaintiff has suffered? 2) Damages. What amount of money is fair and reasonable compensation for things like medical expenses, lost wages, and pain and suffering? Other blogs have discussed issues related to… read more