Lawyers.com Blog

NFL's new brain injury policy is a no-brainer

nospam@example.com (Kim Michael Cullen) — Sun, 22 Nov 2009 23:20:32 -0500

Kudos to the National Football League for announcing a new policy today wherein teams are required to have brain injured players evaluated by independent neurologists before allowing the players to return to the field. Until now, teams were free to have players evaluated by team-selected physicians before giving the okay to play. This practice led to some debate about whether team physicians had conflicts of interest in deciding to allow players back on the field.

As more research becomes available from the medical community, we are becoming more and more aware of the seriousness of injuries to the brain, and particularly the compounding negative effects of multiple concussions suffered by the brain. These types of injuries are not limited to football players, and are often experienced in car and truck accidents. The NFL is admirably trying to stay up with the latest research. Starting this season, all players were required to under basic neurological testing so that a baseline could be established to compare to if the player received a brain injury.

The next step forward for the NFL is to further educate its players to recognize even the minor effects of brain injury. Historically, players are trained to "play through" pain, dizziness, disorientation, and other signs of brain injuries. We have a similar challenge in educating our personal injury clients. Players and clients alike need to realize that any kind of brain injury is serious and deserves attention. Hopefully, the NFL will continue to demonstrate that it cares about the long-term wellness of its players.

For more information, contact us at www.cullen-law.com.

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Leveling the Playing Field in Injury Cases

nospam@example.com (Dixon R. Gahnz) — Sat, 21 Nov 2009 19:28:54 -0500

If you have been hurt in an accident there are many things you are worried about. You are worried about your medical bills, your job, how you are going to pay your household expenses while you are off work. The insurance companies know you are worried, and they know that the more pressure you are under the more likely you are to settle your case before you know the extent of your injuries.

Insurance companies do not offer to pay you while you are off work. They don’t offer to pay the medical bills as you go. If they did that, there would be a lot less stress in your life, and thus no hurry to settle your claim. However, if you are behind in your mortgage because you can’t work, then the pressure to settle is immense.

There is a tool that may help with this problem. It is a Wisconsin statute, §628.46. It provides that a claim is overdue if it is not paid within thirty days of being presented to the insurance company. There are exceptions of course, and the insurance company jumps at any chance not to pay. If the liability is clear, and you submit written notice of the claim with detailed proof of loss, then the insurance company is required to pay that part of the claim. If the insurance company does not pay it within 30 days, it is subject to 12% interest from the time of the demand until it is paid.

There is another aspect of this statute that puts some teeth in it. If an injured person has to sue to collect her damages she can bring a claim under §628.46. Such a claim makes the insurance adjuster’s conduct relevant. For instance, if the insurance company refused to pay because they believed liability was in dispute, the claims file with that information in it becomes relevant to what the adjuster really believes. Insurance companies are notorious for protecting their claims files. They do not want the public to see how they evaluate injuries, and as a result the prospect of having to turn that file over helps the injured person.

If you have been injured and have questions about your rights, contact dgahnz@lawtoncates.com or go to www.lawtoncates.com for more information.

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Chicago: Wrestler Suing After Stairs Collapse

nospam@example.com (Michael P. Ehline) — Sat, 21 Nov 2009 15:16:12 -0500

Jennifer Fernicola issued a report today November 11, 2009, in the Hot Topics section of the online publication, Chicago Now, under the title, Pro Wrestler sues after he falls out of the ring, suffering personal injury. Apparently, the stairs leading from the wrestling ring collapsed under professional wrestler Gregory Lee as he left the ring. He is suing Windy City Pro Wrestling. I am sure he has a good personal injury lawyer on the said case. In the complaint that was filed last July, the wrestler was in a wrestling entertainment event held at Toyota Park in Bridgeview. The stairs to the ring collapsed and Lee then suffered the personal injury in a fall. For his part, Lee contends that Windy City Pro Wrestling was also negligent when it, "failed to adequately light the catwalk and stairs leading from the wrestling ring."The third defendant in Lee’s case is the Village of Bridgeview because it helped in the building of the stairs and catwalk. By the way, if you are in the hunto for a Chicago personal injury lawyer then I might suggest John Buden. In my estimation he is one of the better such lawyer in the whole windy city of Chicago. Meanwhile, in an unrelated story, the Chicago Sun Times ran a piece today, November 11, 2009, by Mark Brown, titled, Law students' idea grows into godsend for vets. Three law students had an idea to help Veterans. Nicholas Henry, Michael Barnicle, and Ryan Coward wanted to help vets by starting a legal clinic to help veterans get their benefits from the Veterans Administration. Their creating, Veterans Legal Support Center and Clinic, at the John Marshall Law School, is almost two years old and takes hundreds of calls a week from vets needing all sorts of issues settled. Recently claimants included a Lake Bluff World War II vet trying to establish a connection between his service experience and Post Traumatic Stress Syndrome, a Korean War-era vet from Naperville who believes his asbestosis was caused by his work in the Army motor pool, and a Vietnam vet from South Holland suffering from Agent Orange exposure who seeks benefits for his prostate cancer. Barnicle, Coward, and Henry have flourishing careers as military lawyers. Their legal clinic is evidence that those with an idea, a desire to help, fortitude to persist, can make a huge difference. It just goes to show that many a young lawyer has his heart in the right place, especially in Chicago.

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I've got a judgment - Now what?

nospam@example.com (Philip W. Boyko) — Sat, 21 Nov 2009 10:51:13 -0500

You were successful at the trial court level and you now have a judgment in hand against that low-life of a former customer who took your goods or services without paying for them. You took the case to trial and the judge awarded you judgment for the full amount the customer failed to pay, your court costs, and your attorney's fees. The whole amount is accruing interest at the post-judgment rate. The debtor either didn't appeal or your judgment was affirmed on appeal. Wow! Now you're on easy street, right? So you ask your attorney, where's my money? You want the truth? Can you handle the truth? It's still in the judgment debtor's pocket and you are foolish to think that he will part with it any time soon. Welcome to collection litigation, part two, or how I spent another year trying to collect what the judge said the debtor owes me.

If you are one of the lucky few, you may actually receive a check for the entire amount of your judgment. If so, don't ever tell anyone you never won anything. You just hit the lottery! If that does not happen, your next best scenario may be to convince the debtor to enter into a cooperative payout of the judgment in agreed installments in exchange for your agreement to forebear enforcement of the judgment. In essence, you tell the debtor that you'll take regular payments and that you'll stop making life miserable for him. This can be a win-win situation for all involved. Don't forget, for the last few years you have ben involved in litigation against the debtor and you are now looking to turn off the money spigot on your side (it will continue if you don't reach a speedy agreement on payment/payout), and start the flow of money back to you or your company. If the debtor instead thumbs his nose at your judgment, you need to consider your post-judgment options, given the possibility that any of the following events may occur:

the debtor's bankruptcy may be looming just around the corner
the debtor may be insolvent, and therefore, judgment proof
the debtor may have transferred assets to hinder, delay or defraud you

The decision on how to proceed in the post-judgment phase, and what vehicles to employ in that phase, must be based on a careful cost/benefit analysis. You need to talk with your attorney about the available remedies as they all have different costs. What may work against one judgment debtor may utterly fail against another.

Even if you decide to take a breather while you consider your options, there is one thing you should do immediately, abstract your judgment. In Texas, you simply ask the clerk of the court to prepare the abstract of judgment, a one or two page document that identifies the litigation and the fact that a judgment was rendered. What must be included in the abstract is set out in Section 52.003 of the Texas Property Code. Such things as names, birthdate and driver's license number of the judgment debtor, date of the judgment, and the judgment amount, are, needless to say, a must. After you are certain that the abstract meets the requirements of the statute, it should be recorded in each county where the judgment debtor owns property. If properly indexed, the judgment lien will attach to all of the judgment debtor's nonexempt real property in the county of recordation. Generally, the judgment lien continues for a period of 10 years, except if the judgment becomes dormant. "Nonexempt property" and "dormant" judgments are topics for separate blogs).

Nobody ever said collecting a judgment was easy. If you actually heard someone say that, then hopefully, it was not the attorney that represented you during the trial phase of your journey. Look at it this way. Your trial was like a journey on a rough ocean - a voyage frought with potential storms. Obtaining the judgment was like arriving at a sandy beach from that journey with a tropical forest before you. Now you just need to find the riches hidden in that forest. You need a seasoned collection attorney now more than ever.

What Information Will Your Medical Malpractice Attorney Need?

nospam@example.com (Gregg A. Stone) — Fri, 20 Nov 2009 19:29:48 -0500

When you begin the process of filing a lawsuit for malpractice in Newark, your lawyer will need some information. Telling your side of the story is the first step. After that you will need to give your malpractice attorney a variety of documents and paperwork to help determine whether a medical malpractice case exists.

What to bring to your lawyer

The most crucial information for your lawyer pertaining to the malpractice case is your complete medical records. Your medical records are considered your personal property, and you have the right to get a copy from your doctor if you ask for it. The doctor may charge you a reasonable fee for making the copies.

Bring anything else that might seem relevant. Don’t limit yourself by thinking that something is not important. Every detail that you show to your medical malpractice lawyers will help them analyze your case.

Your Newark Medical Malpractice Law Firm

The Newark medical malpractice law firm of Kirsch Gelband & Stone provides complete assistance to you in medical malpractice litigation. We assure you that your case is handled confidentially and respectfully.

Kirsch, Gelband & Stone, P.A., 17 Academy Street, Suite 707 Newark, NJ 07102.

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FERS & CSRS Disability Retirement: Hindrances

nospam@example.com (Robert R. McGill) — Fri, 20 Nov 2009 18:41:49 -0500

One would think that the Human Resources Department of the Agency from which a Federal or Postal employee is attempting to file a Federal Disability Retirement application, would be a "helpful" entity. It is indeed a baffling phenomena when one pauses and reflects upon it: What is the purpose of the Human Resources Department? Specifically, what existential purpose does a person serve, who has a positional designation of "Disability Retirement Specialist"? Let me attempt to answer the question in the way it is supposed to be answer: 1. The purpose of the Human Resources Department is to help the Federal and Postal employees of the Agency or Department of which they have been established. 2. The person who holds the designated job entitled, "Disability Retirement Specialist" is one who, theoretically, is there to assist in any way, within the legal confines established by the Agency, in as much as possible, to help the Federal or Postal employee to finalized and complete the disability retirement packet for submission to the Office of Personnel Management. Now, let me pose the following hypothetical: an H.R. person calls up and says, "I cannot forward the disability retirement packet because Box Number ___ on Standard Form _____ has not been checked." Does this sound like the Human Resources Department is fulfilling the existential purpose for which it was established? On the other hand, rhetorical questions are fun to ask, precisely because they are rhetorical, and allow one to expiate some build-up of frustrations on a Friday night, after a long week dealing with multiple agencies. Have a good weekend.

Sincerely, Robert R. McGill, Esquire

Divorce New York Style

nospam@example.com (Lee Rosenberg) — Fri, 20 Nov 2009 17:06:55 -0500

Divorce New York Style

Drunk Driving Arrest: Now What?

nospam@example.com (Harry S. Steinmetz) — Fri, 20 Nov 2009 16:46:31 -0500

Face it. A drunk driving arrest is a serious criminal matter that you should not treat lightly. If you are faced with a violation of DUI laws, you need a DUI defense attorney who knows the ins and outs of the laws. This is not the time to go it alone.

DUI can ruin your life

If you are convicted of DUI, you are in serious trouble. You face possible license suspension, fines, and in some cases, jail. Your insurance premiums may go up significantly, and you may have to attend classes. You may not be able to drive legally at all. In addition, your insurance company may deny you coverage for your accident if you are found to be guilty of DUI.

Think about the restrictions on your freedom. How will you drive your child to activities or school? How will you get to work? What happens if someone is injured and you cannot drive to the hospital? You face psychological and economic havoc that may take you years to correct. A knowledgeable DUI law firm can help you avoid or minimize these consequences

What to do after a DUI stop

After you are stopped for DUI:

Provide the officer with your driver's license, registration, and proof of insurance
Tell the officer you will not be answering any questions or making any statements
If you are asked to perform road side tests, you do not need to do so. Refuse. The results of these tests will be used against you. Everything you do and say becomes evidence. You can tell the officer that you will blow into a blood alcohol concentration (BAC) machine at the station if the officer has probable cause to arrest you.
Inform the officer that if you are not under arrest, you wish to leave immediately. If you are under arrest, tell the officer you wish to talk to your attorney immediately.

For those in southwestern Washington, always contact a Tacoma DUI law firm before you give a breath sample or refuse to give one. There are serious consequences to your decision and it is best to have a DUI lawyer in Tacoma involved to minimize the impact of what you are facing.

If you are seeking Tacoma DUI attorneys, contact the Law Office of Harry Steinmetz for straight answers and immediate help.
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Do All Personal Injury Cases Involve Physical Injury?

nospam@example.com (Paul S. Rosenberg) — Fri, 20 Nov 2009 16:37:58 -0500

Not all personal injury cases actually involve physical injury. The broad legal term of personal injury can apply to injuries that affect health of mind, body, or emotions. For example, injuries sustained in an accident or incident can be physical, such as broken bones, or emotional and mental, such as pain and suffering.

Other forms of personal injury include the following:

Financial injury has taken place when a person’s economic stability is threatened or property is significantly devalued due to the negligence of another party.
Damage to reputation can also have a substantial impact on emotional and financial well-being. Cases of defamation or slander fall into this category of personal injury.

Whether the injury you or a loved one suffered is physical, mental, emotional, or financial, the West Palm Beach injury lawyers at Rosenberg & Rosenberg have the skill and experience to fight for the compensation you deserve. We know how to prove that the defendant was acting negligently when the accident or injury took place.

Our West Palm Beach personal injury lawyers begin with an assessment of damages. This is a key aspect in determining whether you can seek compensation for your accident. Based on your injuries and damages, your West Palm Beach personal injury attorney will determine whether or not it is in your best interest to file a claim and seek compensation.

A West Palm Beach personal injury attorney from Rosenberg & Rosenberg is the experienced professional best able to assess your personal circumstances and damages and inform you of your rights and ability to file a claim. If you have received physical, emotional, or mental injuries as a result of an accident, you should speak with our skilled attorneys as soon as possible to discuss filing a claim for compensation.

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Reasons why a Virginia Workers' Compensation Settlement Could be Rjected

nospam@example.com (Gerald G. Lutkenhaus) — Fri, 20 Nov 2009 15:25:08 -0500

On November 13, 2009 I attended a recent seminar for the elite of Virginia Workers’ Compensation Claimants’ Attorneys. One of the presenters at the Conference was Deputy Commissioner Courtney Mercer of the Commission. His topic was the pitfalls in submitting a settlement to the Commission. He suggested a list of errors that needed to be avoided in submitting a settlement or risk rejection of the settlement:

NO BLANKET RELEASE: He said the Commission would not allow a blanket release in the settlement that released claims other than the workers compensation claim that was being settled.

BEST INTERESTS OF THE CLAIMANT: He said if the claimant’s attorney did not adequately explain why the settlement was in the best interests of the claimant it would be rejected.

LIFECARE PLAN: He said a permanent total disability claim could require a lifecare medical plan.

SOCIAL SECURITY DISABILITY: He said the claimant’s Social Security Disability status has to be addressed. If the claimant is on Social Security, the Commission is willing to approve a lifetime proration so that any offset can be eliminated.

MEDICARE: Most importantly, he said Medicare’s interests had to be considered. He said if the settlement exceeds $25,000.00 and the claimant is on Medicare or eligible for Medicare then a Medicare set aside account has to be approved by CMS. If the settlement is for more than $250,000.00 and the claimant has a reasonable expectation of being on Medicare within 30 months, then a Medicare set aside account has to be approved by CMS. He did say CMS pre-approval is not required if the insurer is willing to pay any additional amounts above the proposed Medicare set aside account. He said if the claimant’s Medicare status was not clear the settlement could be rejected.

CHILD SUPPORT LIENS: He noted settlements are subject to child support liens. He suggested appropriate language for addressing liens in the settlements.

MEDICAL EXPENSES: He suggested if the settlement terminates medical care there must be a specific date as to when medicare care will end. He said if there were outstanding medical bills this needed to be addressed in the settlement to avoid future litigation.

ATTORNEY FEE LIEN: He suggested the parties attempt to work out any lien of a prior attorney. He said the failure to do so would result in a delay in any approval of the settlement.

DEATH CASES: The problem of disbursing the estate to minor was discussed. There were various suggestions on how to overcome the $15,000.00 lump sum limitation.

ANNUTIES: He noted the Commission still makes the casualty carrier ultimately responsible even if the settlement is going to be paid through the purchased of an annuity from a life insurance company.

NO HOLD HARMLESS CLAUSE: The Commission discourages the attempts by insurers to shift Medicare responsibility to the claimant.

In summary, Deputy Commissioner Mercer revealed how one can obtain a quick settlement approval and avoid mistakes. Anyone who is submitting a settlement to the Virginia Workers’ Compensation Commission needs to know the pitfalls in the settlement process.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

I have been representing claimants in Virginia for over 30 years. In the July 1999 issue of Richmond Magazine I was rated one of the Best Workers' Compensation Lawyers in Central Virginia. In 2003 I received the "AV" rating from Martindale-Hubbell, its highest rating for lawyers. You can get more information from my websites:

http://www.virginiadisabilitylawyer.com or http://www.geraldlutkenhaus.com

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The Unbearable Cost Of Daycare To The Non-Custodial Parent With Limited Means

nospam@example.com (Bryan L. Salamone) — Fri, 20 Nov 2009 14:29:48 -0500

The Unbearable Cost of Daycare To The Non-Custodial Parent With Limited Means

Since the Child Support Standards Act, it has been clear that a parent’s income would be used to calculate child support. In most cases, a parent who is chargeable with supporting a child or children will have to pay 17% of the parents’ gross income minus FICA. If the parent is a low earned or has limited means, the parent may lose 20% of their income to taxes; 17% to CS; and then be faced to pay pro rata daycare above and beyond child support.

For example, if a mother and father separate or divorce and both have an income of $40K, the parent that does not get custody must not only pay taxes; pay 17% of income to child support; but also be liable for approximately 50% of daycare cost. In our situation, daycare can cot an upward of $350-$400 per week depending on the age of the child and geographical location. For a parent earning $40K, the extra $200 a week or 10K/year in daycare will break that parent and will be an absolute untenable obligation.

A parent’s duty to pay their pro-rata share of daycare is not, in most cases, open for discussion. In fact, it is statutory with more and more parents working (FOX News reported that more than a third of mothers across the United States are employed full time away from home) being that there is more daycare. The increase cost of daycare is a function of supply and demand but also a function of high insurance costs and licensing requirements as well as the economic reality of the amount of space needed to care for a group of children. $400 a week for a 3-4 year old child in full time daycare is not unreasonable. If the business model includes the cost of the daycare center/space/environment; insurance; salary; utilities etc., therefore, more and more non-custodial parents are being forced to pay for daycare as a result of the increase in working mothers and/or families with 2 people employed full time away from home. Fifteen years ago, there was less daycare in divorcing couples as custodial parents were not working and spending time away from home as they are in today’s economy. Even the current unemployment statistics are favorable to females and unfavorable to males “11% of males where only 7% of females are unemployed: therefore, the child support that often allotted to the non-custodial parent combined with daycare has become more and more of an economic possibility. Both the CSSA that provides for a percentage from gross income for each child together with the statutory obligation to include daycare costs pro-rata above and beyond child support have made non custodial parents with modest incomes unable to meet their own expenses. CSSA, for the most part, is not negotiable and starts as a minimum together with daycare which is a statutory obligation. These 2 numbers taken together make cause the average person to be unable to support their own lifestyle.

At Bryan L. Salamone & Associates, PC we have been handling hundreds of divorce and family law cases each ear for well over a decade. We have 9 attorneys and a full staff of paralegals who are completely and wholly dedicated to divorce and family law. Mr. Salamone’s cases have been featured in network news, and we are arguable the largest Suffolk/Nassau matrimonial firm. Mr. Salamone’s successes in trends in custody and support cases are a result of his direct involvement in those cases.

Bryan L. Salamone and Associates 1145 Walt Whitman Road
Melville, New York 11747

www.DivorcelawyerLongIsland.com

Tel:631-424-3597
516-222-ATTY

Fax:

631-424-5023

Will I lose my house if I file?

nospam@example.com (Denise Brown) — Fri, 20 Nov 2009 14:20:20 -0500

Most homeowners think that if they file for bankruptcy, then they will lose their house. This is not always the case, but you should speak with a Louisville bankruptcy lawyer about the specifics of your case.

If you do file for bankruptcy and you own a house, the trustee assigned to your case will first determine if there is any equity in your house. This is calculated by taking the current value of the house minus the costs of the sale of the property minus the payoff amounts on all liens on the property. If there is no equity in the house, then the trustee will let you keep the house. You will be able to keep the house as long as you pay any mortgages on the house.

Bankruptcy does not remove the liability for voluntary liens such as mortgages. It also does not relieve tax liens. Therefore, your lender retains the right to foreclose on your property if you do not pay your duties.

As long as you continue to pay your mortgage, you will not lose your home. You need to remember that banks are not in the business of owning properties and selling them and do not want to own your property. They will only resort to foreclosure if that is the only way for them to collect what is owed to them.

If your home does have equity, the trustee and courts will determine if the equity is exempt. Any assets that are exempt are yours to keep and cannot be included in the bankruptcy proceedings. If the entire amount of the equity is exempt, then you will be able to keep your house as long as you continue to pay your mortgage. If the exemptions are not enough to protect your equity, then you may want to consider filing for Chapter 13 bankruptcy.

It is advisable to speak with an experienced bankruptcy attorney about your case. He/she will be able to help you determine the amount of equity you have in your house, if any, and if the equity is exempt. Your attorney should be able to help you determine if bankruptcy is the best option for you as well as the type of bankruptcy best suits your needs.

This article has been provided by Denise Brown’s Legal Direction, Louisville bankruptcy attorneys, 502-587-0331, www.4realdirection.com.

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The Big Apple Map

nospam@example.com (Joseph A. Marra) — Fri, 20 Nov 2009 14:01:52 -0500

Another change with respect to slip and fall accidents is the existence of the Big Apple Map. In 1979, the Administrative Code was amended to establish a prior notice requirement for sidewalk and crosswalk injury claims against the City. No matter how serious the injury, you cannot sue unless the city has received prior written notice of the condition and has not corrected it within 15 days.

To counter this problem of notice, in 1981 the New York State Trial Lawyers Association established the Big Apple Map to give written notice to the city. The map shows defects such as broken curbs, uneven sidewalks, potholes, and hazardous depressions which your Bronx personal injury attorneys can rely on to fulfill the notice requirement.

Law Offices of Joseph A. Marra - Bronx Injury Lawyers
147 East 233rd Street, Bronx, NY
(888) 381-7856
Map

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Corporate Formation for Internet Businesses

nospam@example.com (Mark G. Clark) — Fri, 20 Nov 2009 12:23:19 -0500

Attorney Mark Clark discusses business formation concerns for internet entrepreneurs in this interview on Traverse Legal Radio titled Corporate Formation Issues For Internet Entrepreneurs.

Traverse Legal Radio
Click Here To Play Show

With expert: Attorney Mark G. Clark

Show sponsor: Traverse Legal, Corporate Lawyers

Transcript excerpts below.. (Read entire interview transcript here)

DAMIEN: Well, we're talking about LLCs. What is a Limited Liability Company, Mark?

MARK: Well, Damien, a Limited Liability Company or what is more commonly referred to out in the public as an LLC is a business entity. Similar to a corporation or sole proprietorship or a partnership, but it has some features that may be more beneficial. As the name suggests it is a limited liability company. What that means is that you can create for your business this type of a business entity and limit yourself from liability. Really there are two types of liability that people who own and/or form businesses are concerned with. Those are protecting themselves from liabilities such as a casualty liability where for instance in the course of your business you cause or create a car accident and you have inadequate insurance. What you've done then is you've created a business entity to take the liability exposure from that event. The more common reason that people would want to form a limited liability company or LLC is to protect themselves from business debt. If for whatever reason the business is not doing well, or ultimately fails for instance, the individual is protected from paying the company's debts and obligations in the event of a business failure.

DAMIEN: What are some other reasons that someone would want to create a limited liability company?

MARK: The most common candidate for a limited liability company is a small business or a family business. It used to be, Damien, more than ten years ago...there was really only one option for forming a business entity to protect yourself from liability and that was the corporation. Now the corporation is a little bit more complex. It involves the issuance of shares of stock and the creation of boards of directors and officers and it was very cumbersome or difficult for the small business owner or the family owned business to operate in that type of a business structure. Now the limited liability company has been around for more than ten years, but about ten years ago or so the IRS came down with a revenue ruling which made it clear that this more informal type of organization was going to receive the same type of beneficial tax treatment that an S corporation had. And that is that income that you generate will flow thru to you individually and not be taxed twice. A limited liability company is less formal than a corporation. It operates more like a partnership and a limited liability company is created and formed by essentially creating a document that is much like a partnership agreement. It is very flexible and it can be created to suit the individual business owner’s needs. You're not stuck with what the laws used to provide for which was essentially a corporate form of business entity.

Understanding the Appeal Process

nospam@example.com (Thomas T. Overton) — Fri, 20 Nov 2009 11:23:01 -0500

An appeal is when a party in a lower court proceeding asks the appellate court or higher court to review and reverse the decision that was decided by the lower court.

In a criminal case, after a defendant is convicted and sentenced, he or she has the chance to appeal the sentence. If the conviction is a product of a guilty plea, the defendant is permitted to ask the judge for “leave” to appeal the verdict. The defendant also has the right to appeal if the conviction resulted from a trial. An appeal is not a retrial of the underlying proceeding. Instead, the appellate court reviews the trial record to make sure that all of the proceedings were conducted in a manner that was fair and lawful.

Once an appeal begins, the appealing party submits to the appellate court legal briefs explaining the trial courts errors, along with a copy of the previous trial-court transcripts and any of the exhibits used at trial. The opposing party can then submit their own brief. Additionally, the appellate court can schedule oral argument. These arguments are usually very brief and focus only on the legal issues. The appellate court then reviews the entire record for any errors that could have altered the conviction. But the appellate court will disregard any harmless errors, which are errors believed not to have affected the verdict.

The appellate court will also disregard what they believe are mistakes of trial strategy. For example, an error that typically alters the verdict is one that hinges on whether certain evidence, or possibly a confession, should not have been allowed at trial. If the appellate court reverses in this situation and excludes the evidence, the prosecutor then has the ability to retry the case without the evidence or must dismiss the charges.

If the defendant wins the appeal, the prosecutor then has the option to appeal to a higher court. Often times, the prosecutor will offer the defendant a reduced plea, which would include a sentence of time already served. This may be ideal for a defendant, who might not want to run the risk of being convicted again if the case is retried. Sometimes the defendant will insist that he or she is not guilty, and will request a new trial. The prosecutor could also be adamant that the defendant belongs in prison and take the case to trial.

This article was contributed by the Tennessee criminal defense Law Offices of Thomas T. Overton, 615-250-8000, www.tncriminallawfirm.com.
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