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Woman Fired for Wearing Fake Penis, Suit Claims

FindLaw Headlines - Wed, 01/18/2012 - 00:33
A Pennsylvania woman considering a sex change operation was wrongfully fired for wearing a fake penis to work, a lawsuit claims. Pauline Davis, 45, of Clifford, Pa., wants back pay and damages for humiliation and suffering in connection with her alleged wrongful firing, the Philadelphia Daily News reports. She also......

Continue reading this article, and get more legal news and information, at FindLaw.com.


'Teen Mom' Jenelle Evans Arrested for 2nd Time in a Week

FindLaw Headlines - Wed, 01/18/2012 - 00:31
Who would've thunk it? Jenelle Evans -- arrested again. And for the second time in one week! The Teen Mom 2 star was booked into North Carolina's Brunswick County jail Monday evening and charged with violating a domestic violence protection order. Unable to post bond, she's apparently still behind bars.......

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Cruise Ship Injuries: What are Your Rights?

FindLaw Injury News - Wed, 01/18/2012 - 00:28

Cruise-ship disasters like the deadly Costa Concordia accident in Italy raise questions for passengers: What are your rights when you're injured on a cruise ship?

The answer depends on what's in your cruise contract, and where the injury took place. Here are some general guidelines.

Your cruise contract

Your cruise tickets are probably the first place to look for contract terms that explain your rights. Many cruise lines impose requirements on passengers who seek to sue for cruise-ship injuries, for example:

  • A passenger often must provide written notice of a cruise-ship injury within six months of the injury.
  • A passenger often must bring a lawsuit within one year of a cruise-ship injury.
  • A passenger often must sue the cruise company in a specific court system -- usually the courts closest to where the cruise company is headquartered.

Why location matters

An international agreement called the Athens Convention limits a cruise line's liability to $71,400 per passenger, maritime lawyer Rod Sullivan tells Jacksonville, Fla.'s First Coast News.

Because the Concordia accident happened in Italy, passengers can pursue claims under Italian law. Many should be able to get compensation for injuries and a canceled vacation under Italy's laws, the International Business Times reports.

But the United States is not a party to the Athens Convention. Instead, if a Concordia-type disaster happened here, a 1920 U.S. law would kick in to compensate for potential cruise-ship injuries, Sullivan said.

"It's somewhat better than the Athens Convention," Sullivan told First Coast News. "If the ship goes down, there's a pool provided of $50 million in the case of a ship this size, and that would be split up among all the injured parties."

Of course, every cruise-ship injury is different, so you may want to consult an attorney as soon as possible to protect your rights -- especially considering the short time period for passengers to pursue a claim.

Related Resources:

  • Cruise ship victims can't use U.S. courts: experts (Reuters)
  • Rights of Injured Cruise Ship Passengers (FindLaw)
  • Browse Admiralty & Maritime Lawyers by Location (FindLaw)
  • Brilliance of the Seas: Dozens Injured on Ship (FindLaw's Injured)

Cruise Ship Injuries: What are Your Rights?

FindLaw Headlines - Wed, 01/18/2012 - 00:28
Cruise-ship disasters like the deadly Costa Concordia accident in Italy raise questions for passengers: What are your rights when you're injured on a cruise ship? The answer depends on what's in your cruise contract, and where the injury took place. Here are some general guidelines. Your cruise contract Your cruise......

Continue reading this article, and get more legal news and information, at FindLaw.com.


Why Do People with Plenty of Money Shoplift?

FindLaw Headlines - Wed, 01/18/2012 - 00:24
Maybe they do it for the thrill. Maybe they do it because they have a compulsion. Many might wonder why rich people shoplift. It's not like they don't have the money to pay for the goods they pilfer. And for whatever reason, some seem unafraid of breaking shoplifting laws. Take......

Continue reading this article, and get more legal news and information, at FindLaw.com.


VA Boy, 5, Stabs 3 People Over Juice Box

FindLaw Headlines - Wed, 01/18/2012 - 00:20
Some 5-year-olds throw tantrums. Some throw toys. And some just stab bystanders when deprived of their juice box. You read that right -- a juice box stabbing. Police in Ruckersville, Va. took a 5-year-old boy into custody on Monday afternoon after he stabbed two children and an adult with an......

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New Mobile Credit-Card Readers Can Pay Off

FindLaw Headlines - Wed, 01/18/2012 - 00:18
Credit cards are convenient, but processing payments can be costly for small businesses. Enter mobile credit-card readers, which seem to be swiping more and more business from banks and third-party payment processors. One mobile credit-card reader, made by Square, is now used by more than 1 million merchants nationwide --......

Continue reading this article, and get more legal news and information, at FindLaw.com.


Mentoring program becomes a guiding principle for Miami law firm

Florida Trend Government/Politics & Law News - Tue, 01/17/2012 - 23:00
Miami's Kluger, Kaplan, Silverman, Katzen and Levine are using mentoring to grow the firm.

The Florida Bar - Daily News Summary - Jan. 18, 2012

Florida Bar Daily News - Tue, 01/17/2012 - 22:00
Attorney Rosemary E. Armstrong To Receive Tobias Simon Pro Bono Service Award On 30 Year Anniversary

Concordia Cruise Lawsuits Unlikely in U.S.

FindLaw Injury News - Tue, 01/17/2012 - 15:23

Rescuers continue to search for survivors in the wake of a deadly Italian cruise ship disaster. But injured passengers and crew likely won't be able to pursue cruise-related lawsuits in the United States.

The Italian cruise ship Costa Concordia -- one of the largest ever to be wrecked -- is owned by a company called Costa Crociere, Agence France Presse reports. Already, more than 70 passengers have joined a lawsuit seeking compensation from Costa Crociere in an Italian court, AFP reports.

Costa Crociere is actually owned by Miami-based Carnival Corp., Reuters reports. But experts say legal action likely cannot take place in the United States. Here's why:

The main reason lies in contract law. Contracts written into the Concordia's tickets assert all cruise ship lawsuits must be brought in the courts of Genoa, Italy, Reuters reports.

The contract language is called a "forum selection clause," and it's common in the cruise industry. U.S. courts have generally upheld such clauses as fair -- otherwise, cruise companies would be forced to defend lawsuits from all over the world.

U.S. citizens have tried to challenge international forum selection clauses, arguing it's too burdensome to sue abroad. But courts have generally ruled against those challenges, and have upheld international cruise-ticket contracts, Reuters reports.

The Concordia's crew also likely can't sue in U.S. courts, because their employment contracts probably require arbitration to settle any disputes, Reuters reports.

Carnival Corp. is also likely off the hook for any potential criminal charges, because the accident happened in Italian waters. Most criminal laws are not applied outside the United States, Reuters reports.

Even if injured passengers pursue a potential Costa Concordia cruise lawsuit in Italy, their compensation may be limited. An international agreement called the Athens Convention caps a cruise operator's liability at about $80,000 per person, Reuters reports.

Related Resources:

  • Maritime Experts Says Laws Protect Cruise Companies (First Coast News)
  • Rights of Injured Cruise Ship Passengers (FindLaw)
  • Brilliance of the Seas: Dozens Injured on Ship (FindLaw's Injured)

Concordia Cruise Lawsuits Unlikely in U.S.

FindLaw Headlines - Tue, 01/17/2012 - 15:23
Rescuers continue to search for survivors in the wake of a deadly Italian cruise ship disaster. But injured passengers and crew likely won't be able to pursue cruise-related lawsuits in the United States. The Italian cruise ship Costa Concordia -- one of the largest ever to be wrecked -- is......

Continue reading this article, and get more legal news and information, at FindLaw.com.


What Happens at a Child Support Court Hearing?

FindLaw Headlines - Tue, 01/17/2012 - 02:04
You've been served with a summons to appear at a child support court hearing. But what happens at a hearing, and what are your rights? Child support laws differ by state, but here are some general guidelines about what to expect at a hearing. A child support court hearing can......

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Pepsi's $3M, Racially-Biased Background Check

FindLaw Headlines - Tue, 01/17/2012 - 01:38
Do you refuse to hire job applicants with an arrest or criminal record? No matter how small or irrelevant the infraction is to the job? If you do, be careful. The Equal Employment Opportunity has announced that it reached a $3.1 million settlement with PepsiCo over such a policy. Investigators......

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Blind Advocates Sue Redbox Over DVD Kiosks

FindLaw Headlines - Tue, 01/17/2012 - 01:32
Advocates for the blind have sued Redbox. The Redbox lawsuit alleges the company's DVD rental kiosks are inaccessible to the visually impaired. Redbox kiosks can be found in several different grocery chains across the nation. The rentals are usually only $1. The self-serve kiosks are convenient. They are also at......

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10 Amish Men Jailed Over Buggy Fines by KY Judge

FindLaw Headlines - Tue, 01/17/2012 - 00:47
A legal skirmish over Amish buggies has resulted in jail time. A group of around 10 Amish men were sentenced this week after they refused to pay fines. They had decided not to place orange reflective triangles on their Amish buggies. The Kentucky men are a part of a conservative......

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Can You Sue a Dead Person?

FindLaw Injury News - Tue, 01/17/2012 - 00:46

Can you sue a dead person? The answer is yes, via the dead person's estate. But whether or not you'll be able to recover any money may depend on how quickly you pursue your claim.

The ability to sue a dead person's estate typically arises under two scenarios: When the deceased has debts to be repaid, and when the deceased's negligence caused injury or death to another party.

Under either scenario, time is of the essence.

For example, state statute of limitations laws differ depending on the type of action you wish to pursue against a dead person's estate, such as wrongful death or personal injury.

State laws also dictate how much time creditors have to file a claim against a dead person's estate. A claim notifies the estate's executor or personal representative that you want a debt to be repaid. If you don't file a claim, you may not be able to file a lawsuit later.

Aside from timing, here are some other factors to consider in a lawsuit against a dead person's estate:

Does the executor know about your debt claim? If so, an executor or personal representative must notify you and advise you to make a claim by a certain deadline. A creditor who doesn't receive proper notice can try to use that as an excuse to file a late claim.

Are there surviving relatives? State laws generally provide that surviving relatives are not personally responsible for a dead person's debts. Even spousal obligations to pay for community debts may be limited by state laws. The Fair Debt Collection Practices Act prohibits collectors from using abusive or deceptive tactics to pressure surviving relatives into paying a dead person's debts.

Estate laws are complicated, and the specific facts of your case will determine whether suing a dead person's estate is the best course of action. You can look up an estate lawyer near you to discuss the details of your case.

Related Resources:

  • Law Questions on Wills and Estate Law (FindLaw Answers)
  • Time Limits for Bringing a Case: The 'Statute of Limitations' (FindLaw)
  • Get Legal Help with a Probate or Estate Administration Issue (FindLaw)
  • Man Killed by Train is Sued: Flying Body Parts Injured Woman (FindLaw's Legally Weird)

Can You Sue a Dead Person?

FindLaw Headlines - Tue, 01/17/2012 - 00:46
Can you sue a dead person? The answer is yes, via the dead person's estate. But whether or not you'll be able to recover any money may depend on how quickly you pursue your claim. The ability to sue a dead person's estate typically arises under two scenarios: When the......

Continue reading this article, and get more legal news and information, at FindLaw.com.


Clark Gable's Grandson Gets 10 Days in Jail for Laser Pointing

FindLaw Headlines - Tue, 01/17/2012 - 00:18
Kind of sucks having a famous grandfather, doesn't it? Your little exploits are suddenly plastered all over the Internet. And FindLaw's Celebrity Justice. Poor guy. Okay, that's about all the sympathy Clark James Gable -- Clark Gable's grandson -- is going to get from this blogger. In December, the 23-year-old pleaded......

Continue reading this article, and get more legal news and information, at FindLaw.com.


Prayer Banner in RI School Must Be Torn Down: Federal Judge

FindLaw Headlines - Tue, 01/17/2012 - 00:12
A federal judge has stepped in on behalf of teen Jessica Ahlquist, ordering the removal of a prayer banner displayed at Rhode Island's Cranston High School West. The eight-foot by four-foot mural urges students to be honest and kind, and to embrace friendship and sportsmanship. It also begins with the......

Continue reading this article, and get more legal news and information, at FindLaw.com.


US Murder Rate Drops to 50-Year Low

FindLaw Headlines - Mon, 01/16/2012 - 23:28
The Center for Disease Control and Prevention's annual list of the Top 15 causes of death in the United States has a surprise this year: For the first time since 1965, it doesn't include murder. Though some might be inclined to blame pneumonitis for the lack of inclusion, the fact......

Continue reading this article, and get more legal news and information, at FindLaw.com.


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