The Law Planet Blog

Man Adopts Girlfriend to Protect Assets

Fri, 03 Feb 2012 06:24:14 -0800

John Goodman has done the unthinkable. He has adopted his girlfriend to protect his assets from a wrongful death lawsuit. He drove a car drunk and killed an innocent son of a mother and father. He is rich beyond belief. He will probably go to prison for a very long time, but he seems intent on punishing the victim’s survivors even more by depriving them of compensation and rubbing their face in more grief. He wants them to suffer through the facts in the criminal case and then again in the civil case. What kind of a person does this? I have to believe there is a special place in hell for a person like this. And maybe it has started now for him with his latest stunt. How does he deal with his daughter/girlfriend? Maybe she runs off with all the money when he goes to prison. Karma is a bitch.

My sister and brother are both claiming my mother’s life insurance policy is all theirs… What can I do?

Thu, 02 Feb 2012 06:40:33 -0800

The first question you must ask yourself is if either your brother or sister had a Power of Attorney for your mother when she was alive. If yes, then you have to ask yourself whether you suspect any fraudulent behavior on behalf of your sister or brother when they had that Power of Attorney. If Yes to both previous questions, you must find out whether there were any beneficiary changes to the life insurance policy when your mother was alive. If all of the above questions were answered in the affirmative, then there is a good chance that further investigation is required to determine if all of the previous affirmative answers are a mere coincidence or if one of your siblings has committed fraud.

With the economy still slumping and many people still without a job, family members are resorting to stealing from themselves to put food on the table. If you suspect that you were entitled to life insurance proceeds and were told you would be by your deceased mother or father but are now being told that your parents removed your name as a beneficiary prior to their death for no apparent reason and never told you they were doing this, there is a good chance there are fraudulent circumstances that need to be investigated by a life insurance attorney.

If you need legal advice, feel free to contact LaBovick Law Group for a free consultation.

U.S. Supreme Court Adds New Protections Under Title VII for Employees Who are Retaliated Against by Their Employers

Tue, 31 Jan 2012 13:57:29 -0800

On January 24, 2012, the Supreme Court of the United States ruled in favor of Mr. Thompson after he was terminated after his fiancé filed a sex discrimination charge with the Equal Employment Opportunity Commission (EEOC). The employer knowing that he could not retaliate against the fiancé for filing an EEOC charge decided to retaliate against her by terminating her fiancé, Mr. Thompson. The Court based its decision on what Title VII was originally created for and that is to protect an employee from an action taken by an employer to discourage an employee from making or supporting a discrimination claim. The Court went on to conclude that it was “obvious” that a reasonable employee might be dissuaded from filing a discrimination charge if the employee knew her fiancé would be terminated as a result of her EEOC charge. This should be very comforting to employees that work with their spouses or family members since everyone would now be protected under Title VII’s anti-retaliation provisions.

If this has happened to you or a person near and dear to your heart, please call the employment law experts at LaBovick Law Group for a free consultation.

How a third party committing sexual assault and allowing underage drinking at your house can land an innocent homeowner in a heap of trouble…

Thu, 26 Jan 2012 11:50:54 -0800

First: Let’s talk about sexual assault. If you allow anyone to touch a child at your house, you will pay! Not only will the law come down hard on you but juries will too! Last month, a Levy County, Florida jury awarded a boy who was molested at his grandmother’s home by his uncle an award of $26,400,000 against the grandmother! The case was brought as a Negligent Supervision case where that negligent act allowed the intentional tort of sexual assault and sexual battery to occur. Because it was a negligent supervision claim the homeowner (read grandma) must pay the award.

The reason the jury found the grandmother guilty for allowing this heinous crime to go on was because she started babysitting the boy when he was 5 years old in 1999 and her son, the uncle, came over at least 20 times between then and 2003, and sexually assaulted his nephew, the boy in the case. When the boy finally told on the uncle and the legal case began, the uncle committed suicide. Thus he isn’t able to pay anything any longer. The boy’s father sued his mother-in-law saying that she failed to closely watch the boy and should known this was happening. The boy’s older sister even told the grandmother what was happening because she observed the molestation, but the grandmother branded her a liar and refused to investigate.

The boy now has Post-Traumatic Stress Disorder (PTSD) and will need psychological counseling for the remainder of his life. In truth, no one ever really gets over such a violation. According to the boy’s doctors, he is at risk of drug and substance abuse, suicide and other psychiatric maladies throughout his life. He will need to be counseled into having normal relationships with his friends, family and, of course, his wife.

The jury found the grandmother 85% responsible and the father only 15% responsible, so the total award was reduced to only $22,440,000. The way the jury came to such a high number was that they awarded $400,000 for future medical care and $6,000,000 for past pain and suffering, but the bulk of the money, $20 million, was for future pain and suffering damages.

It is important people learn about how such a crime like this can affect their lives.

But, how does this type of case apply to me? It applies when virtually any crime happens in your home. What kind of crime do people let happen in their homes? Underage drinking! Here is a common scenario: A son or daughter returns from college with some friends. They are 20 years old and have been responsibly drinking at college for 2 or 3 years. They sit around at night hanging out and drinking a few beers. Then at the end of the evening they drive home. Not drunk. Just a few beers, mind you. Unfortunately they get into a car accident and hurt someone on the way home. They don’t need to be drunk! If the officer smells alcohol on their breath and asks where they were drinking, YOU are responsible for that accident. You can be arrested for permitting under-age drinking to occur at your house and you can be responsible for all the damages that the accident caused! Sound unfair? Maybe it is, but that is too bad – It’s the law.

Do not allow it to happen. Say no to your kid’s request to be a “cool” parent and allow a “few” beers, or you could buy yourself a huge lawsuit.

Deadbeat Parents: Watch Out! G-Men Are Coming For You to Collect Child Support In New Initiative “Project Save Our Children”

Mon, 23 Jan 2012 13:01:54 -0800

More than $100 billion in child support arrearages are owed to parents in the United States. The Federal government has recently launched Project Save Our Children in an attempt to collect this support. Federal agents, including FBI and Interpol are now cooperating in pursuing and tracking down deadbeats. Fleeing a county or state will no longer work as the federal government is now involved.

As a family law attorney, I have successfully pursued collection of more than $200,000 worth of child support arrearages against an heir to the Dodge fortune. He attempted to avoid paying by using a spendthrift clause in the trust that manages this multimillion dollar fortune. Fortunately, that did not work, and he was forced to pay significant penalties, including attorneys’ fees. I have also recently liened a deadbeat’s Palm Beach County personal injury case for the more than $400,000 in support arrearages he refused to pay.

Did you know it is also possible to force a person to sell their Florida homestead protected property, in order to pay support delinquencies? There is solid case law that supports this collection method. A few months ago I was successful in doing just that. I take collection of child support arrearages seriously and am always willing to discuss your case in a free consultation. I work with LaBovick Law Group to successfully assist parents in pursuing child support.

Kodak Files For Bankruptcy – A Buggy Whip Company?

Fri, 20 Jan 2012 09:41:47 -0800

Buggy whips. I think of buggy whips when I hear stories like Kodak filing for bankruptcy. First I think how could this happen? Then I think "Buggy whips." I know that sounds crazy; why would somebody think about buggy whips? But it's pretty appropriate isn't it?

In the 1800s everyone had a buggy whip. You needed them to get your horses to drag around your cart. As the 1900s approach, and Ford and Benz build cars, they became a thing of the past. I wonder what happened to all those buggy whip companies. A few must have been wise enough to get into the automobile industry. Maybe they started creating belt drives or some other thing that would be similar to buggy whip on the new-fangled cars.

Kodak is just a buggy whip company and should serve as a hard lesson to anyone in business. Life moves quickly, and the only thing constant in life is change. If you don't look forward, you will be looking at your company broken and bankrupt, because the world, technology and life have moved past your usefulness.

I hate to say it, but the same is true for lawyers. Lawyers must look to the future, adapt to the new environment and change our business practices if we want to survive.

Those of us who are wise enough to create strong websites, begin client interactions over the Web and save our data in the cloud, MAY survive. Those of us to hang on to the institutional old-world model by setting up large law firms with bloated overheads and white shoe arrogant high-cost lawyers will eventually be a thing of the past.

Lawyering was an interesting profession where we selected few lawyers who knew and understood the law. We were uniquely able to research a legal issue and cogently understand them and then develop legal theories to help clients. Soon that may be done by anyone who can type it into the Google search bar!

If we are not able to adapt to this new environment, we might as well join Kodak in bankruptcy court.

I wish Kodak the best. I nostalgically love the company. It reminds me of photo albums and my childhood. I hope the bankruptcy provides them enough time and releases, and enough capital to turn their substantial investment in new technologies into profitable ventures. Turning the company around is a tricky business, and I know it's one that Kodak has worked hard to achieve. It just seems they figured out they were making buggy whips a little too late.

New Florida Law: Your Durable Power of Attorney (DPA) Documents Might Be Invalid

Thu, 19 Jan 2012 06:04:03 -0800

Recent changes to Florida's laws governing Durable Power of Attorney (DPA) documents might require the documents to be redone and re-signed. Any DPA signed prior to October 1, 2011, might now be stale and unenforceable or unusable. Banks and other institutions using or accepting DPA's are now allowed to reject such if certain requirements are not met. They can even delay the use of the DPA and insist that the user obtain a legal opinion that the DPA is still valid. These new laws allow delay in the enforcement or use of the DPA at the banks discretion.

How many times have we heard that having a DPA is absolutely necessary as part of the will, trust and estate planning a person needs?

With the recent changes in the law, any Florida DPAs signed prior to October 1, 2011 might be rejected as being noncompliant! One of the key changes is that "general" provisions are no longer valid. The powers given to the recipient must be specifically stated in the body of the DPA. Imagine trying to fix this problem after the fact when you're trying to use the DPA for an emergency!

The creation of wills, trusts, living wills, medical care and healthcare, surrogate appointments, and other similar paperwork is part of the family law practice of LaBovick Law Group. Persons wishing to have their documents reviewed can contact our offices for a free consultation.

Thinking of Representing Yourself in Divorce? It’s Not That Easy!

Fri, 13 Jan 2012 12:46:16 -0800

I can't count the number of times I have been called into a case to fix problems occurring because people tried to represent themselves. Although the Florida Supreme Court created forms to make divorces easier and more accessible, knowing what to do with those forms is more important than creating or filling them out. Currently, the filing fee for divorces is $409 with another $10 fee for issuance of a summons. The summons eventually has to be served on the other party. Most people don't know how to do that.

I was in front of a Palm Beach County divorce judge yesterday and heard a comment that almost 70% of all pending divorces involve people trying to do it themselves. The judicial system was not funded or designed to handle people trying to do their own complicated legal work. Having a lawyer means not only protecting your rights and those of your children but also having someone who knows how to complete divorces quickly. Most divorces done by people representing themselves take more than a year to complete. Only a few hearing days per month are reserved for cases without lawyers. That means there are 10,000 cases competing for 2 days of hearing time each month. It doesn't take much calculating to figure out that some cases can take several years to be finished when neither party knows what to do.

Most uncomplicated cases can be resolved for less than $2,000. Getting divorced quickly and properly would seem to make it worthwhile for people to go this route. In most circumstances, we use forms and don't charge clients to reinvent the wheel. I give free consultations over the phone and will accept retainers by credit card. If you are interested in getting your divorce done quickly and properly, give me a call: Joseph Fields, Esq., Attorney for LaBovick Law Group.

Are Twinkies Too Big To Fail?

Thu, 12 Jan 2012 06:47:50 -0800

Hostess Brands Inc, the father of Twinkies, Wonder Bread and HoHos, is again preparing to file for Chapter 11 bankruptcy protection this week, The Wall Street Journal reported.

Twinkies ingredients have been the same for nearly 80 years, and although this is the second company restructuring, experts say the king of cakes won't disappear.

For more commentary and full news story:
Twinkie alert! Hostess may again file bankruptcy

Oh, how the Twinkie has fallen: Reflections of an ex-Twinkie tester

Same-Sex Parents in Florida Entitled to Same Custody/Visitation Rights

Fri, 06 Jan 2012 06:36:34 -0800

In a case of first impression for the state of Florida, the 5th District Court of Appeal recently issued its opinion regarding parenting rights of same-sex couples. This opinion, subject to review by the Florida Supreme Court, establishes the rights of same-sex couples when involved in a dispute over a child they intended to raise as parents. Regardless of the characterization of the parents, when two persons in a committed relationship make arrangements to become the parents of a child, one of the persons does not have the right to walk away from the arrangement and deprive the other of those rights.

In this case, the non-genetic mother who gave birth to the child left the country and moved to Australia, attempting to prevent the egg-donating mother from having any parental rights. The 5th DCA admirably stood up for the rights of "parenthood" and did not focus on the same-sex issue. This opinion is in line with the recently blogged California case in which the concept of "presumed parent" came up. It is likely that the trial judge in the Florida case will follow the "presumed parent" concept and order joint custody and time-sharing of this child.

Those persons wishing to explore their rights under these cases should call Attorney Joseph R. Fields, Jr., Esq. for a free consultation. The sexual orientation of a parent has nothing to do with that person's abilities to raise a child. LaBovick Law Group supports the rights of all parents to assist and participate in the raising of their children.

Immediately Cease and Desist: A Few Key Tips to Trademarks and Trade Names

Wed, 04 Jan 2012 12:51:00 -0800

Have you recently opened an envelope from a law firm requesting that you immediately cease and desist using their client’s trade name or trademark? Trust me, this happens more frequently than you could imagine. Here are a few key tips you should consider in evaluating whether the law firm has a good or bad case against you and your business:

First of all, keep in mind that in Florida generic, geographic or descriptive trade names are not protected. Examples of generic words include car, boat, house or gun. Geographic words include coast, north or mountains. While descriptive words include long, red or strong. These types of words will always be available for use by the general public in most situations. Conversely, words that require the public to use their imagination in determining what product is being offered is generally going to receive protection from other companies use of the word or words. For example, Polaroid and Kodak require the public to think about the product actually being offered. Kleenex is another example that requires the public to think about the product actually being offered, which is a tissue.

Finally, how close is your business to the other business that is asking you and your company to cease from operating? Is it within the so called “territorial scope” of the other business? Keep in mind that the territorial scope varies depending on the product or service the other company offers. If it sells fast food, the territorial scope will be far less than a company that builds nuclear power plants.

Hopefully, this sheds some light on your questions regarding whether you should be alarmed by the cease and desist letter you just received. If you’re still concerned, please feel free to contact Scott Haft, Esq. at LaBovick Law Group for a free consultation.

Pit Bulls Can Be Protected Service Animals Under the ADA

Mon, 02 Jan 2012 14:02:04 -0800

An Iowa Federal Judge spent the Christmas holidays deciding an ADA lawsuit filed against the Iowa city of Aurelia by James Sak, a retired Chicago police officer who is disabled as a result of a stroke. Aurelia has a city ordinance forbidding pit bulls from the city. Sak has a specially trained pit bull service animal (Snickers) to assist him. The decision, although a preliminary injunction only, granted Sak and Snickers protection from enforcement of the ordinance. Snickers had no history of ever having been aggressive. The dog was specially trained to assist Sak in day-to-day activities and dealing with tremors Sak suffers as a result of the stroke. Given the City presented no evidence that Snickers was a danger to anybody, Judge Bennett issued a preliminary injunction forbidding the City from enforcing its ordinance against him. In essence, the ADA trumps local rules against specific breeds of dog.

It is likely this case will be resolved on a permanent basis given the language of the opinion. The memorandum opinion starts off with several remarkable quotes, one of which is "When a man's best friend is his dog, that dog has a problem." and concludes with "This is one small, but vital step for Sak, one giant leap for pit bull service dogs.

Many municipalities and counties have ordinances similar to the one at issue in this case. This case demonstrates that persons with disabilities have the ability to insist on using the service animal that was trained to meet their needs. Litigation and decisions such as this are exactly why the ADA was created.

LaBovick Law Group supports the needs of all persons, and Attorney Joseph R. Fields, Jr., Esq. is one of the preeminent ADA litigators in the nation, having testified before Congress as to these laws. More information on his practice and experiences can be found at LaBovick.com. Attorney Fields is available for free consultations to discuss the legal needs and concerns of all clients with disabilities.

Full Article: Despite pit bull ban, man reunited with service dog
(image courtesy of animal farm foundation)

California Court of Appeal Establishes "Presumed Parent"

Tue, 27 Dec 2011 09:38:06 -0800

A recent California Court of Appeal decision has established the concept of "presumed parent" for persons who have an established relationship with a partner and has developed a parental relationship with that partner’s children. Although this decision involves a same-sex couple with only one of the couples having legal and established parental rights, it appears to open the door to other relationships in which opposite sex partners are in the same situation. This California Court of Appeal decision is not binding in any fashion in Florida courts, but it could be helpful in arguing that a non-married partner of a person who has children has the right to try to establish the necessary elements to show that such person should be a "presumed parent" for purposes of continuing contact, visitation or time sharing with those children.

There have been numerous instances (usually arising from a vindictive ex) in which children have been stripped from their established, long-term relationships with persons who the children had historically deemed to be a "parent.” This should not be allowed to happen in any state. What happened to the rights of children to live stress free and have relationships with those persons they deem to be parents? This is a new arena in the Florida court system, one that has not yet been fully tested. However, for persons who are in this situation, perhaps now is the time to assert this issue and claim entitlement to continuing contact, visitation or time sharing with children that they have been involved in raising.

LaBovick Law Group considers the rights of same-sex parents and opposite sex parents to being equal. Parents are parents regardless of orientation. The issue should be in proving the relationship, not some technicality that harms a child's development and results in children being forcibly kept from persons they have historically had parental relationships with.

For more information, visit us at www.LaBovick.com or call us toll free at 1-888-777-3884.

Article Reference: Mother’s same-sex partner is presumed parent

Impressive Financial Mediation Team at LaBovick Law Group

Mon, 19 Dec 2011 08:31:33 -0800

A very small bank that boasted on not accepting Troubled Asset Relief Program (TARP) funds, and proclaiming how healthy they were financially, was absolutely dead set on not giving our client a break and gave us a spectacular mortgage modification!

The bank was not willing to budge whatsoever. It was a bleak scene, picking apart where the clients spent money, their priorities in life, what they did to protect themselves from their hardship they endured, etc. In the first half hour, it was determined that the bank was going to ultimately seize the property through foreclosure.

This is what sets the LaBovick Consumer and Financial Services division apart from other financial law firms. Our dedicated team is both knowledgeable and fierce when it comes to our client's well being on this very delicate, emotionally-charged issue.

We knew exactly what direction the bank was heading in this case, and it was nowhere good...

Negotiating at mediation takes a bit of pizzazz. Typically, banks are not willing to come to terms even though the program was set up by a team of judges to be the end of the modification nightmare. The ratio of mediation conferences that do not settle at an impasse are slim to none (This means that a decision of modification terms has not come to pass.).

Ironically, the very first statement made by the bank is that they "have the ability to make a decision right then and there.” This has been historically proven as untrue!

Is the mediation program working? It certainly is for many! With our mortgage modification team and cunning expertise, we managed to sink our teeth into the bank and save our client hundreds of dollars a month – not to mention we brought this foreclosure to a halt.

It was an arduous task and took a long time to accomplish. At the end, we left victorious with terms in hand and an "atta boy" from the mediator, who commented on how strong our team was.

This is a step in the right direction for all homeowners in this tough economy.

LaBovick Law Group is dedicated and completely grizzly when going up against these banks that have zero heart in this foreclosure fight. If you have any questions regarding foreclosure defense, mortgage modification or short sales, please don’t hesitate to contact us today.

Paralyzed Woman Sues Greyhound Lines for Two Counts of Negligence

Tue, 13 Dec 2011 09:35:59 -0800

LaBovick Law Group filed a Florida lawsuit on behalf of a paraplegic plaintiff, alleging the transportation giant Greyhound Lines was negligent in complying with American Disabilities Act standards when she fractured her leg on a Greyhound bus in March.

Full Press Release: Paralyzed Woman Sues Greyhound Lines for Two Counts of Negligence

Support-Owing Father Thrown in Palm Beach County Jail – Sometimes the System Actually Works!

Wed, 23 Nov 2011 07:55:59 -0800

Palm Beach County Judge Smith finally had enough! She recently incarcerated a Lockheed Martin engineer for his continued refusal to pay support to a LaBovick Law Group client.

Having given the man multiple occasions to cure his failures, Judge Smith finally said enough's enough. The father was led away in handcuffs Tuesday and will probably spend the Thanksgiving weekend in jail. Turkey loaf might cure his contemptuous behavior! Having to pay additional attorneys fees might also fix his attitude.

As a family law practitioner, I represent several parents who are owed substantial monies for back child support. One of those clients is owed more than $400,000. Eventually it catches up to you: I recently liened his personal injury case and also obtained an order authorizing me to pursue foreclosure of his home in order to collect this support.

Many years ago, I successfully garnished the Dodge Trust for outstanding support obligations. In addition to collecting several hundred thousand dollars of past support obligations, I also recovered all attorneys fees paid by my client in pursuing the father of my client’s child.

Compelling the payment of past support obligations is a tough job. Many of these deadbeats feel entitled to continue to ignore their past obligations and actually seem insulted that we would try to collect against them. However, these cases are winnable!

Attorney Joseph R. Fields, Jr., Esq. has significant experience in collecting past support obligations. For a free consultation contact the LaBovick Law Group today!

Children Conceived from Dead Parents – Who Has Their Backs?

Wed, 16 Nov 2011 09:29:24 -0800

For the past few decades, technology has allowed children to be born from deceased parents. In vitro fertilization allows frozen sperm or eggs to lead to children hypothetically years after the donor parent's death. In fact, both parents could have died years before the birth! How does such technology cause the legal system to adapt? Very slowly it seems. The United States Supreme Court is currently considering whether children conceived by in vitro fertilization after the death of their biological father are entitled to collect Social Security survivor benefits. So far, the children are winning the fight. However, in its infinite wisdom, the United States continues to appeal. There are currently more than 100 applications for Social Security survivor benefits for children conceived post-humorously. The nation’s longest conflict still being fought is contributing to this calamity. Many deployed soldiers are banking their eggs or sperm so that others can continue the genetic family line. Hypothetically, even the parents of a deceased soldier could make arrangements for their dead child to continue to create genetic offspring years after the soldier’s death. The government's position that these children are not entitled to benefits does not keep up with current technology and relies upon archaic definitions created at a time when women and children were considered property. It's time for a change to these archaic laws. Perhaps the United States Supreme Court will have the final say on this issue.

For questions regarding parental rights, genetic testing, child support and other family law related questions, please contact Joseph Fields, Esq. at the LaBovick Law Group.

Supreme Court Soon to Rule on Health Reform Law

Mon, 14 Nov 2011 12:06:48 -0800

The Supreme Court announced today that it will rule this year on the health reform law and hear a challenge to the Obama administrations’ signature legislative achievement. The plan is to focus on a specific case brought by 26 states, the National Federation of Independent Business and two individuals that challenges the constitutionality of the mandate that requires individuals to buy health care insurance by 2014 or pay a penalty fee.

Paul D. Clement, a lawyer for the 26 states challenging the law urged the Supreme Court in briefs to step in and resolve the “grave constitutional questions surrounding the ACA (Affordable Care Act).” He said, “time is of the essence, States need to know whether they must adapt their policies to deal with the brave new world ushered in by the ACA.”

Most likely, the Court will schedule oral arguments to be decided by early next summer – just in time for the next presidential election.

Full article: http://abcnews.go.com/blogs/politics/2011/11/supreme-court-will-rule-this-year-on-health-reform-law/

Persons with Disabilities: Stand Up For Your Rights!

Wed, 26 Oct 2011 09:44:12 -0800

A new trend is emerging. Persons who have disabilities are no longer accepting substandard service, access or rights. Several recent federal lawsuits and investigations have brought light to this new and important societal trend. The producers and creators of "The Price Is Right" have now agreed to be nondiscriminatory against potential contestants with disabilities. The entire set of the show is being redone, as well as the methods used to choose contestants. The Law School Admission Test (LSAT) recently agreed to be nondiscriminatory against test-takers with disabilities. Many movie theaters have now agreed to provide better seating and not just the 1st few rows of the theater. Amusement parks have agreed to have accessible rides and shows. The selling of tickets for entertainment or events must now be on a par with nondisabled purchasing abilities. Hospitals, doctors, and other medical services providers have agreed to stop requiring the deaf community to provide their own interpreters.

How did all of this come about? Candidly, if it wasn't for the ADA and other federal legislation prohibiting discrimination against persons with disabilities, it probably wouldn't be happening. Even with these laws on the books, it still takes lawsuits to make things happen. LaBovick Law Group has committed to representing persons with disabilities with the same intensity, fortitude, and aggression as all of our other clients. We are always interested in meeting with and representing persons and their families who believe they have been discriminated against based upon their disability. If you would like to speak to our attorneys, call Joseph R. Fields, Jr., Esq. one of the nation's premier disability rights litigators.

Disabled Clients, or Clients that Happened to be Disabled? – That IS the question

Mon, 24 Oct 2011 11:31:03 -0800

The recent media frenzy over the discovery of several persons in the Philadelphia area being kidnapped, tortured, and held against their will by criminals who were stealing their Social Security checks brings to mind the common mistake of not using correct terminology in describing persons, who happen to have disabilities. The articles I have read and the news clips I've watched all describe these victims as "disabled" persons. Since when did a person’s classification go first? Several of these victims were of different races, different sexes and statistically probably different sexual orientation. However, the media still forgets that classifications go last.

People are the victims of accidents and crimes on an hourly basis. Describing them as black, white, Hispanic, male, female, gay, straight, first is inappropriate. No more so than employees, friends or acquaintances should not be described by their race, sex or disability first. I have many friends who happen to be black, white, Hispanic, male, female, gay, straight, disabled, nondisabled. The same rules of description apply to persons who happen to have disabilities. They are not: a blind client, a white client, a disabled client, a black client, a deaf client, a male client, a mentally or emotionally impaired client, or a female client. They are persons, clients or friends who happen to be part of a particular group. The classification always goes last, as that is the least important part of a description.

Disabled and/or Deaf Patients Assert Right to Fair and Equal Medical Treatment

Tue, 11 Oct 2011 11:33:37 -0800

An evolving body of law is allowing members of the disabled and/or deaf community (and their families) to secure compensation for violations of their rights. Doctors and other medical services providers, who accept Medicare and/or Medicaid, cannot refuse to treat a patient (or treat a patient differently) because of their disability. They cannot charge disabled, blind or deaf patients extra for providing medical services. They cannot charge for interpretation or signage services.

Doing so subjects those providers to monetary damages for violation of section 504 of the Rehabilitation Act of 1973. Members of the disabled and deaf community are entitled to the same treatment, policies, procedures and costs for treatment as all others. Recent decisions under 504 have awarded: $10,000, $62,000, and $35,000 to disabled patients/customers.

The time for asserting your rights is now! Attorney Joseph Robert Fields, Jr., Esq. can assist those discriminated against with the pursuit of their claims. Many such claims also include attorneys’ fees and costs for enforcing your civil rights. All cases are handled on a contingent hourly basis, with a “no recovery, no costs/fees to you guarantee.” Call 561-625-8400 to speak to him for free.

Child Support Calculations in Florida Have Changed

Thu, 06 Oct 2011 08:04:01 -0800

Several changes have now occurred to child support laws in Florida that greatly affect recipients and payors. The most important change has been to the percentage of overnights that trigger a substantial reduction to the basic child support calculation. The old over 40% standard has now been reduced to over 20% of the overnights. What does this mean? The standard every other weekend and one night a week on the off week is generally considered to be slightly under 40% of the overnights. By having reduced the percentage to 20%, every standard visitation order now provides for overnights which entitle substantial reductions if requested. 3 extra nights a month could result in substantial reductions, in some cases, almost half the support! Additional changes deal with child care cost reductions and a requirement that support calculations involving multiple children must include termination dates for each child. Requests to deviate from the guidelines now have additional reasons to be granted. If you have questions regarding your child support rights, LaBovick Law Group provides an initial free consultation to discuss your case. Call us toll-free at 1-866-522-6842.

Cruise Ship Emergency/Fire off the Coast of Norway

Wed, 05 Oct 2011 06:42:17 -0800

Thursday, September 15, 2011

A cruise ship caught on fire off the coast of Oslo, Norway killing two crew and injuring nine forcing all the passengers to evacuate the cruise ship. Preliminary investigations reveal that there had been an explosion in the ships engine room causing a fire that led to the death of two crew members and injuring nine others. Everyone was evacuated safely off the ship and no passengers were hurt. The ship was relatively small, 207 passengers and a crew of 55.

Later in the day, the fire had been reduced and was under control but the vessel had been taking on water and listing to one side. The main challenge now is the stability of the ship in an effort to keep it from sinking.

The fire started at 9:20 am local time and the passengers were all safely evacuated onto the life boats within a matter of minutes. According to the crew, everything went smoothly and there was no panic.

This case is an excellent example of crew preparation and the necessity of educating passengers as to the location of their life vests and the appropriate evacuation procedures. Every cruise ship goes through what is commonly referred to as a “muster” most experienced cruise passengers have been through many musters and they are not much fun. While the chances of actually have to debark a ship under emergency situations such as those experienced by the aforementioned cruise ship are rare, having the experience, wherewithal and knowledge to do it efficiently, calmly, and properly is what saves lives.

It is well known in the industry that the biggest enemy of a ship is a fire. A serious fire can spread quickly and dangerously throughout a ship if not properly contained therefore, it is extremely important that the crew be well versed in the process of evacuation and that the passenger’s cooperate implicitly in the evacuation exercises. If the muster were not practiced by the crew and the passengers, chaos would ensue leading to death and significant injury.

The crew of the this cruise ship must be commended for its excellent execution of the evacuation process and no doubt saved lives and prevented injury.

Disability Discrimination: It's more than just a wheelchair thing!

Thu, 22 Sep 2011 06:21:03 -0800

Discrimination against persons with disabilities comes in more flavors than just wheelchair issues. Quite often the media focuses too much on litigation and issues based on access by persons using wheelchairs. However, there are many other ways to discriminate against people with disabilities.

A recent settlement by the United States Department of Justice against the producers of The Price is Right reflects this changing perception and focus on other important ADA issues.

The settlement requires CBS and the show producer to not only make the TV set accessible to persons using wheelchairs, but also requires correction of issues pertaining to the visually and hearing impaired. Water fountains need to be accessible not only to persons who use wheelchairs, but also persons who have difficulty bending over. Bathrooms not only need to be accessible to persons with wheelchairs, they also need to not contain hazards to the visually impaired.

Isle of Capri Casinos sued by Visually Impaired Poker Player for ADA Discrimination

Wed, 14 Sep 2011 13:34:43 -0800

The Isle of Capri Casinos has been served with a lawsuit regarding the casino allegedly failing to adhere to the Americans with Disabilities Act guidelines and discrimination against a visually impaired and legally blind, Palm Beach County resident, Philip Juarez, reports, Joseph R. Fields, Jr., West Palm Beach ADA Litigation and ADA Defense Attorney.

According to the filed complaint, Mr. Juarez, plays Texas Hold 'Em and other card games for years at other South Florida casinos. The Isle of Capri Casinos Pompano Park is the only casino in South Florida that refused to provide Mr. Juarez with accommodations to play poker.

Mr. Juarez is represented by LaBovick Law Group in the lawsuit filed by Joseph R. Fields, Jr., Esq., West Palm Beach ADA Litigation and ADA Defense Lawyer on August 31, 2011, in Federal Court, Southern District of Florida.