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My property is in San Diego County. It is a subdivision of 28 homes and there is no HOA. The properties are each approximately 2 1/2 to 3 /12 acres and most if not all are zoned agricultural for avocado growing. My next door neighbor is building his own golf course. He is not building a putting green. It will be a golf course. He brought in tons of dirt and has been grading daily for over a year. He informed my husband that a window or solar panel on our property might be broken ocassionally. He installed stadium type lights for lighting at night. There are big mounds of dirt everywhere that will effect the drainage. We live in a somewhat hilly area and proper drainage is important. I heard he is in trouble with the zoning department for the grading without permission. Is it legal to build a golf course (not a putting green) in a residential neighborhood?

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Hello, so my husband and I have roommates. Then don't want to ask us if it is ok for them to give a key to our house to someone else. We found out that he came into our house while my husband and I were sleeping. His job is to watch the cat our roommates have but they didnt ask our permission to give him a key to our house. Is that illegal?

Is it legal in the state of NC to randomly drug test an employee while they are on vacation?

In short..
Police came to house last evening looking for my son.. wanted to talk to him about an incident that happened the previous night. said there was no warrant and no charges.. just want to talk to him about it.. want him to come to police station...
situation..
son was at friends house and had a fight with another guest... other guest was physically trying to push son out the door of house to make him leave.. son did not want to leave as he had been drinking.. a fight happened..other person recieved injuries that required medical attention..
Question...
should son go to police station and talk to them... or wait for a warrant to be issued? if he does go in, how far should he go in his talking to give the police information...what should he say or not say?

There HAS to be a case here...
First off I will state that I am not the parent of the child involved here. I am the fiance' of her father. But I'd like to bounce this scenario off of whomever, I am interested in your opinions. (We live in Washington) The child is 10 years old and has lived her life with her mother and also grandmother as well from time to time (with the mother). There had been knowledge of what was believed to be recreational drug use by the mother, that seemed not to affect the child or her function as a parent. At the beginning of 2012 the mother disappeared on what was learned to be a drug bender for what turned out to be 3 months straight with no contact at all, initially leaving the child at the grandmother's home. We were made aware of the disappearance and took the child into our home and cared for her needs, emotionally, financially etc etc... She returned again to her mother and grandmother's home after about a month after the mother resurfaced and had entered a medical opiate replacement drug treatment program. Though she again disappeared in July 2012, at which point her father and I said enough was enough and decided there would be no more back and forth. The mother had without doubt, proven her inability to parent at that time. She remained with us, with short and sporadic visitations by the mother but under strict guidelines set out by us. Just before holiday break from school mother seemed to be doing well and was living with the grandmother, so we decided it would be alright for her to stay with them during the break from school because we figured it ought to be fine, and the child even still feels more that "there" is home given the fact of living the majority of her life with these persons. When school was to begin again in early January 2013 she was not returned to us, or taken to school. We went over to the grandmother's house to retrieve her and take her to school and were met with hostility by the grandmother, ...

Tags: custodial interference, custody, custody battle, custody law, custody modification, ex parte, washington state law

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Family Laws

I live in Las Vegas nevada and I recently ran in to a problem .. I had a person stay a few nights and I wanted to get rid of her and I'm disabled and I was recently diagnosed with diabetic and I'm in a diabetic coma cause my numbers are high and will be until we figure the right meds and etc .. To make a long story short .. The law enforcement was called to my home and I was told that I illegally kicked her out cause the law states if a person stays the night or two that they have become tenets and u have to go and get a legal eviction to get them removed from my home . Is this true

My son is getting married in about a month. The ceremony and the reception are being held on a family members private land & property. Do we need to have a permit and insurance to cover any accidents or unforeseen issues that may arise?
You always want everything to go on without a hitch however, in the land of reality that's next to impossible. The Wedding is taking place in Pennsylvania. Any help would be greatly appreciated.

My son is getting married in about a month. The ceremony and the reception are being held on a family members private land & property. Do we need to have a permit and insurance to cover any accidents or unforeseen issues that may arise?
You always want everything to go on without a hitch however, in the land of reality that's next to impossible. The Wedding is taking place in Pennsylvania. Any help would be greatly appreciated.

Hello,

I am looking for advice/help with a couple different solutions to my problem.

Here is my problem.

For years I’ve been paying for a child that isn’t mine in PA. I need help to RIGHT A WRONG!!

THE FACTS:

1. I was married from June 1987 to Sept. 1998

2. I have 2 daughters from the marriage

3. I had a vasectomy in 1990 after the birth of my 2nd daughter paid for by PA medical card

4. No pregnancies or “scares” from that time till 1998

5. From Dec. 1996 to Sept. 1998 my ex and I were separated not living in the same state (1996 - 1998 I lived in NC and she in PA) (1998 - 2012 I lived in SC and she in PA)

6. Sept. of 1998 divorce was finalized (also sued for child support - at that time I was doing temp. work in hosp. most temp. work has a notably higher rate of pay than full time reg. work. I was assessed to pay $400 per child per month)

7. Between temp. jobs I had $0 coming in and requested a lowering of support which was ignored

8. Requested a hearing de novo to have support lowered and appeared in court in Feb. 1999. By that time was approx. $1800 in arrears because the support wasn’t lowered. I didn’t have the money for a lawyer nor thought I needed a lawyer to simply get my support lowered at that time. The state’s atty addressed the arrears and I was put in jail. (My brother paid half for me to get me out of jail)

9. My request for lowering support was never addressed and support was not lowered

10. In March 1999 I received notice of a 3rd child to be added to my support order and I needed to appear in PA to contest paternity. (Because my support was never lowered I was further in arrears)

11. Because of number 3, 5, and 8 I thought it was a ploy to get me up there to put me in jail again and BEING AFRAID I did not show up for the ...

I got marry then found out that my husband was not divorce from his first wife.he divorce her but we never got marry again.
We have been together for 23 years. Do i have to divorce him or can I just make him leave. Can anyone help me.

A person arrested is still entitled to be treated in a very humane way possible. Whether the arrestee is already proven guilty or not, police enforcers are expected to minimize the physical amount of force needed to contain a person or situation. However, there are cases where police enforcers use wanton force as a wrong way to intimidate a person.

By definition, police brutality is the use of excessive force that can either be in the form of psychological intimidation, abuse, police misconduct, false arrest, and police corruption that violates the civilian's rights. In United States, police brutality is not tolerable and is subject to the Fifth and Fourth Amendments of the Bill of Rights Law.

If you find yourself a subject of police brutality, protest the way the police are mishandling you. It is a common fact that being a police is not an easy job. Part of their job is to control and apprehend alleged criminals that enable them to use force appropriate means to protect themselves. Protesting and making them understand that you will cooperate with them peacefully is the first step to stop police brutality.

Always engage yourself in calm dialogues to settle matters easily. Understand their position that they are doing their job and by no means have a way to estimate your character except on how you respond to them. While there are states that address this issue very seriously, the very first step to resolve these kinds of conflict is to understand the situation and make sure the arresting officer understands it too.

But when things get a little off-hand, make use of your camera. Since situations involving arrests can change rapidly, the complainant can support his/her claim by showing evidences. Be mindful to use this method only as your last resort. Police enforcers don't appreciate being recorded and used as a viral video to uproar the public.
...

Tags: criminal defense, criminal defense attroney, criminal defense lawyer, criminal law

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Relocating to the land of opportunities, the United States of America is something which majority of people from the different parts of the world appear to be enthusiastic about, due to a number of reasons. And if you are looking ahead for an opportunity to live in this country, you may need some legal help in order to get through the complexities of US immigration laws.
Don’t be deceived that immigration applications are just “paperwork”. It is lot more than merely filling forms. Therefore, one should consult an immigration attorney, rather than family, friends, or relatives, to face the complications of the entire immigration process.
US immigration lawyers help their clients in number of ways such as examine and determine all the facts thoroughly of your case, explain all the benefits that you may be eligible for, recommend you the best possible ways to obtain U.S. visa, complete and submit application forms, keep you updated about your visa application, represent you with the DHS (Department of Homeland Security- a government agency that handles immigration and nationality matters for foreign national who come to the Unites States”), and much more.
After having an idea about the role of an advocate in the entire immigration process, you may come to know how important it to hire a right legal expert is!
Enlisted below are some common mistakes to avoid while choosing a legal expert for your case:
Selecting an attorney because they offer a free consultation during first meet:Generally, an advocate offer free initial consultation is, usually, have less experience in his/her area of expertise. A well-experienced US immigration lawyers with high success rate have clients who have paid for right and dedicated role.
Hiring an attorney who have not enough experience: The most important thing to consider while selecting an advocate is experience in his/her area of expertise. Lawyers can attain the knowledge and general understanding ...

Tags: immigration attorneys, immigration lawyers

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Is it illegal for my boss to make my coworkers and I pay for a drive off? She says because we couldn't tell her what vehicle it was that drove off is why we have to pay. I live in Michigan and my husband lost his job and is having a difficult time finding work. So I'm support him, myself and our 3yr old daughter. My checks, take home, are anywhere from 140-180$. I can not afford to pay for the drive off and I was told it was illegal. Please inform me.

Also we have to pay for missing lotto, cigarettes, etc.

Good afternoon everyone! I am new to this forum, but am having a legal issue so I wanted to get some advice!

I have just moved out of my apartments in Franklin, TN in Williamson County (side note would be that while I was living there I was the assistant manager at the apartments, so I had paid no deposit or pet fee, I gave my notice and am no longer employed there, which is why I moved out). The apartments/maintenance supervisor did my walk through after move-out, signed the move out inspection as "no damage at move-out", and the property sent me my itemized list of damages or amounts that I owed, on that list was my water bill that was remaining after I moved, in which I have sent a check for, and no other charges (this letter was sent within the TN time frame of 10 days)

Shortly after this they sent me an email (this email was not sent within the TN law of 10 days) stating that they were going to need to replace the carpet due to pet urine smell which would cost me around $800... which I am strongly confused by due to the fact that my pet had BARELY any accidents inside the apartment, I could probably count them on my hand, and I also cleaned each one up with carpet cleaner made for pet urine...I will admit there were a few accidents, she was a puppy when I got her...also, I did not smell any type of urine smell and there were no stains on the carpet anywhere in the apartment.

My question is basically, if they signed off on my move-out inspection as "no damage" and also have already sent me my itemized letter of charges, is it legal for them to add more? Am I responsible to pay this amount?

I'm not familiar enough with the carpet cleaning process, but I honestly can't help but to wonder if somehow the carpet cleaning company has caused the carpet to have this smell. Seeing as when I left, even maintenance signed off that there was no damage and clearly smelled no pet urine within the ...

I work in a convenience store and one of the clerks claims that the State of Arizona passed a new law requiring anyone over the age of 21 MUST have a state issued I.D. that is horizontal, not vertical. Supposedly, this went into effect January 1st 2013. Due to the industry I currently work in, I would appreciate it if someone could help and let me know of any such laws.

My daughter is 16 and pregnant by her 18 year old exboyfriend. Is there anything legally I can do?

Also, he has been telling his friends that she cheated on him and is a whore. He posted it to facebook that she was a cheater. I emailed his parents and told them that if he said another word about my daughter I was going to have him put in jail. Did I jsut do a stupid thing and harass them?

I have been surfing the net in search of a definite answer to my question. Is it legal for me to tape some one I am talking to face to face and (1.) Not let them know I am taping them and (2) use that tape in my defense to protect me from false allegations and accusations in a hear say battle? I would appreciate a definite and accurate answer as my job and possible my life will depend on a informative and accurate answer. And by the way the state concerned in the question is Missouri. Thanks for your help. Michael

I am currently 17 and my mom just recently took me away from my non biological dad who has raised me almost my entire life and I do not want to live with her anymore she had told me that her lawyer said I could not go back there or even have contact with me. What do have to do to leave my moms and go back where I was happy?

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Is it legal for a neighbor to move the easement of which I am the grantee ? He also claims I can only drive on it meaning that if I do not have a vehicle I cannot check my mail which is delivered to public road approx. 300 yards from my house. About 250 yards is crossing his property but on deeded easement saying I can travel on ,over , incidental use , etc ??

is it legal in the state of Illinois to carry a loaded gun on your own property inside or outside?

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Is it legal to cut someones pay in half for working a holiday?My fiance's employer did not pay him time and a half like he was told he would receive but in fact only paid him half of his hourly wages for working nine hours CHRISTMAS day!I know legally he does not have to pay him time and a half in the state of Louisiana but is it legal to cut his hourly pay in half?Please I need an answer ASAP!

I was wondering if it is legal for a prosecutor to drop all charges on a case in exchange for the surrender of a motorcycle? I feel as if there would be something that would prevent this.

My husband started a company and made me president without my involvement and consent. Now we are divorcing and I am recieving letters of panelties of 10K ++ for various reasons. I really don't know anything about the company it's operations n accounts.
Help me how can I get out of this situation as it is really hard to be single mother and going thru this stress??
Many thanks in advance to your reply /Suggestions
Regards

Hi, My husband is a c2c for a company. The company he is working for is billing milage for his truck to the client and keeping the money. Is that legal? If he is billing for his mileage on his truck shouldn't he get reimbursed for it? There was not agreement on milage becuase the company he was working for lied and told him they did not bill for mileage and only asked him for his mileage every week to keep track of where he was going. He is a welder.

A former employer owned two similar retail establishments in two different counties in Texas. At year end, he would transfer retail merchandise from one store to the other, i.e., the merchandise would be removed from one store's inventory on Dec 31st and it would not be logged into the other store's inventory until Jan 2d. This permitted the employer to reduce the value of year end inventory by at least $20,000 at each location. Is this legal? Should I report it as a whistleblower? If so, to whom?

Tags: retail, tax avoidance, texas, whistleblower, year end inventory

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Employment Laws

We were having breakfast with some friends on Saturday and one of the people we were with mentioned that President Obama had a bill passed stating that if a citizen was too out spoken about our government they could be put in jail, this just seems crazy! Was there such a bill passed?

A cient put a deposit of 600 $ cash on hair extensions, $140 over paid but she insisted on putting $600 down on hair , human haier extension order, she hasnt been back with rest of money for service its been 2 1/2 months now, she wants her $600 back, I cannot return the hair, should I give her just the $140 back or nothing at all? Im stuck with this odd color hair ext too.

This blog is intended to provide free information to folks who have suffered a loss due to "Sandy". Help with reading their insurance policy and how to deal with an adjuster. Small inurance companies and insurance agents are also invited to post.

I am here to help with the entire range of Insurance policies from Homeowners through farm, crop insurance, business owners, inland marine, umbrella and so on. If I cannot provide an answer, I will give a shout to other experts reading this blog for help. OK? Now, let's do the basics of a Homeowners Insurance Policy.

1. An insurance policy is a CONTRACT of ADHESION. This means that your insurance company dictates the terms of the policy/contract. You have no choice but to TAKE or LEAVE the contract. What this means to you is that any ambiguities in the policy writing will be in YOUR FAVOR. WAIT! You have certain responsibilities too!

2. An insurance policy is also a contract of UTMOST GOOD FAITH. If you fib on your insurance application and a loss occurs, you are up the river without a paddle. In legal terms; You, the insured have a duty to disclose all material facts about your home (risk) to the insurance company. Any reasonable divergence will void the policy at the insurance companies discretion. In lay terms, the insurance company writes thousands of policies and must rely on the customer's good faith.

3. YOUR POLICY is divided into four parts generally; a) Declarations page "what we will and will not insure" b) the agreement (root of the contract) c) conditions for payment and d) exclusions to the prior coverages.

4. Your policy will pay for either ACV or RCV (actual cash value or Replacement Cost Value). ACV is the cost to replace your home or contents less depreciation. RCV is the coast to make you whole again or the cost to replace your home with like material (no depreciation factor). Enough for our first session. ...

Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina helped provide free wills and estate planning advice for a wills clinic held by Center For Heirs’ Property Preservation in St. George, SC on Saturday September 29th 2012. The Center For Heirs’ Property Preservation is a non-profit group that assists property owners in the heirs’ property process and holds events such as the wills clinic to prevent heirs’ property situations from occurring in the first place. Heirs' property is the name given to property that is owned by a group of family members that could be large in number after many generations and who are the descendants of the original purchaser. Title to the land is frequently owned in shares by the family members and is not clear in one person’s name and can lead to difficulties in ownership. The center holds many wills clinics a year through organizations such as churches where a community may be at higher risk for an occurrence of heirs’ property and seeks to change the lives of those that are able to be served by the clinic. A simple will enables the probate court to better transfer title from a deceased person to whoever they name in their will and encourages family members to go through the probate process in a timely manner to prevent a situation where many decades go by without title to a piece of land being properly passed down to a successor generation. The clinic was held at the Lovely Hill Baptist Convention Center In St. George, SC, which contained many different rooms and area for participants to have many wills done at the same time with a sense of privacy. St. George is the county seat for Dorchester County and the Lovely Hill Baptist Convention Center is located on the same road as the Dorchester County Probate Court. There were many attorneys and law students that were able to volunteer their time on a Saturday morning and afternoon to provide a valuable service for the local community. Attorney Evan Guthrie was joined by ...

Tags: accident, attorney, charleston sc, divorce, estate planning, family law, law firm, lawyer, living trust, mount pleasant sc, personal injury, probate, summerville sc, wills

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Elder Laws , Estate Planning Laws , Personal Injury Laws

In legal news, On November 6th, 2012, Colorado and the District of Columbia voted to legalize marijuana. In Colorado marijuana will be treated similar to alcohol, and in both states, use is limited to persons over twenty one years of age. These two states are the first to legalize marijuana for recreational use. There are currently eighteen states that have legalized marijuana for medical use, but Colorado and the District of Columbia have voted for full legalization.

When marijuana was first legalized for medical use in many of these states, there was little federal pressure, but that's not to say that there was none. If the medical legalization process was any indication of how the federal government plans to handle the full legalization measures, the residents of Colorado and the District of Columbia can plan on having legalized marijuana.

But many still remain opposed to the federally banned substance.

The legalization of marijuana in Colorado and the District of Columbia is historic considering the federal ban of marijuana. Despite the federal ban on marijuana, Colorado's state government is preparing to move forward with the implementation of state sponsored marijuana facilities. Many wonder if federal government laws will interfere with Colorado's new state law.

If government laws prevent the legalization process in these two States from moving forward, the voters will have to take their approach to a federal level.

It remains to be seen just exactly how government laws will be implemented on the legalization issue at hand in these two states, and it could go one of two ways.

The government could make legal news by using a DEA state sponsored program to enforce federal government laws, or they could support the State laws and take a measured approach, waiting to see how these two States manage the legalization process.

The implementation of the new laws is ...

Updated 11-11-2012 at 10:13 PM by Legal Forums

Tags: federal marijuana laws, legal marijuana, legalization

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Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina had an article published by the American Bar Association Animal Law Committee of The Tort Trial & Insurance Practice Section’s Fall 2012 Newsletter. The mission of the ABA TIPS Animal Law Committee is To address all issues concerning the intersection of animals and the law to create a paradigm shift resulting in a just world for all. The article written by Attorney Evan Guthrie is titled “Pet Planning: Choice Over Chance” and covers the estate planning aspects that pet owners may consider as part of their ownership. They key question behind the article is what steps should a pet owner take to ensure that their animal is properly cared for if they were no longer around. The article claims that an estimated half million pets per year are orphaned because their owner dies or becomes incapacitated and that many of those pets are put down because there is no one to take care of them. Pet planning is the simple act of planning ahead to make sure that an animal’s needs are met after the owner is gone. The article says that while some may find it unreasonable to leave an inheritance to a pet, a growing twenty seven percent of Americans that make an estate plan include a provision for the future care of a pet.

Mr. Guthrie’s article goes on to explain the two major categories of pet planning. The first major category is coming up with a short term plan that covers the immediate period following an owner’s absence and coming up with a solid plan to make sure there is no interruption in care to the pet and that someone can step in right away and make sure that all of the pet’s needs are met. The second major category of pet planning highlighted in the article is to have a long term plan for a pet’s care that will extend beyond the first few weeks of an owner’s absence and make sure that the pet has a suitable permanent home for the rest of the pet’s life. Attorney Guthrie’s article lists ...

Tags: accident, attorney, charleston sc, divorce, estate planning, family law, law firm, lawyer, living trust, mount pleasant sc, personal injury, probate, summerville sc, wills

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Elder Laws , Estate Planning Laws , Family Laws , Personal Injury Laws

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With the election just one day away and the impact of hurricane Sandy still being felt across the eastern seaboard, many have began to wonder how the government legally manages disasters such as hurricane Sandy.

Government laws exist to provide states with federal aid in time of disasters, but federal aid can only be granted after a formal request by the states governor is made. Once the governor has made his report, the report is brought directly to the presidents’ attention, and from that point the president can either make a declaration of an emergency, or the declaration of a major disaster.

If the declaration of an emergency is made, the president legally can provide immediate aid to the area in a total of no more than five million dollars.

If the area is declared a disaster, the relief effort is then turned over to the Federal Emergency Management Agency, or FEMA.

Hurricane Katrina and Hurricane Sandy bring to mind government laws and major disasters. Legally, many questions were raised post Katrina. Many people in New Orleans were sent to other cities such as Houston to reside while New Orleans rebuilt. Many of them were displaced in these cities after FEMA informed them they were no longer going to receive assistance after December, 1st 2005. This weird law permanently displaced people and created a long way home for some.

There is some gray area in the inner workings of FEMA, but legally, they have the backing of government laws.

When the declaration of a major disaster is made, FEMA is allowed to implement a series of weird laws in order to aid in the recovery of both private, and public sectors. When the declaration of a major disaster is made, the government is in affect realizing that the damage is beyond the repair of local government, and federal aid is needed to bring the area back to relative homeostasis.

With the recent hurricane and the ...

Updated 11-07-2012 at 01:47 AM by Legal Forums

Tags: disasters, fema, government aid, government laws, hurricane sandy, sandy

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Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina helped with a voter registration drive as part of the American Bar Association Young Lawyers Division Fall Meeting at West Ashley High School in Charleston, SC on Thursday September 27th 2012. The event was the service project for the quarterly ABA YLD meeting that was held in Charleston in October of 2012. There were several young lawyers from the Charleston, SC area that participated in the event. The American Voter is a non-partisan public service project of the American Bar Association - Young Lawyers Division designed to teach and involve young people about the generations who struggled to guarantee the right to vote and to inspire all Americans to participate in the voting process. The event was held at West Ashley High School to encourage students that would be 18 years old at the time of the November 2012. The rule is that even though a student may be 17 at the time they register to vote, they can still vote in the upcoming election if they are 18 at the time of the election.

There were a good number of students that had not registered to vote that were able to be signed up. the signup process was simple and convenient for all of the students as all that was needed to register was for the students to fill out a one page form. The event was held in advance of the ABA event to get students signed up so they would be eligible for the November 2012 election. The deadline to vote for the upcoming election would have been before the YLD fall meeting so it was necessary to have the registration event before the meeting. There was a table set up for students to register that was located between the main school building and the cafeteria. There was an announcement made on the school intercom system announcing what the program was and where the sign up table was located. Students then stopped by the table on their way to lunch and were able to sign up in about two minutes. Attorney ...

Tags: accident, attorney, charleston sc, divorce, estate planning, family law, law firm, lawyer, living trust, mount pleasant sc, personal injury, probate, summerville sc, wills

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Divorce Laws , Elder Laws , Estate Planning Laws , Family Laws , Personal Injury Laws

In legal news, the unorthodox American hip hop duo band from Detroit “Insane Clown Posse,” or ICP, is suing the FBI for suddenly cancelling their annual Halloween concert this year, questioning their denied right to assemble.

The FBI’s reasoning for shutting down the show was that it was a dangerous situation because the Juggalos, (fans of ICP), are gang members. Apparently Juggalos have been classified on the National Gang Threat Assesment List as a “loosely-organized hybrid gang,” a charge the Juggalos themselves are baffled by.

The band consists of “Violent J” and “Shaggy 2 Dope,” whose music contains morbid ideas and violent lyrics, and has drawn a vast fan base of loyal “Juggalos” who attend their concerts, purchase merchandise, mimic the clown visage of the two singers, and listen to the music together. Sounds like any other large group of fans doesn’t it? Howard Hertz, the duo’s lawyer, agrees.

There is no legalization banning fans from enjoying their favorite band, singer, movie, actor, etc. For this, Hertz argues ICP and the Juggalos are being targeted and discriminated against for the nature of their shared enthusiasm, not for any actual indiscretion, and is seeking justice.

The issue is that ICP seems to promote violence, and draws the attention of many young people who, according to the FBI, band together and become criminals because of it.

Is this a fair assumption? Is there any concrete evidence to back this up? Why should the FBI determine these fans are a gang, and teenage girls with Beiber Fever aren’t?

Legally, this seems unfair. Logically however, you can see the reasoning. With a genre description like ‘horrorcore’ and lyrics such as “Chopping throats with a hatchet…” and “How many lives can one mother****** take? One Life, two life, three life, four,” it is not difficult to see the correlation being made and the concern of the police.

Hertz ...

Tags: hallowicked, icp, insane clown posse, juggalos, legal battle, legal definition of gang

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Who doesn’t remember the Presidential Election of 2000? Americans didn’t find out who was legally their President until the Supreme Court made its ruling. Or in 2004 when Sen. Kerry refused to concede initially because of uncounted ballots in Ohio? These instances are harsh reminders of how legally messy elections can be. Lawyers and candidates are preparing for any mishaps come November 6.

Key Electoral College Votes
With the Electoral College, we all know it is possible to win the popular vote but lose the election. When President George W. Bush won Florida by less than 1000 votes it became clear that litigation could make or break an election. That’s why both parties have key lawyers in battleground states that could swing the election and are placing special emphasis on the big two: Ohio and Florida.

What Could Go Wrong
The Obama/Biden campaign is relying on computers and the Romney/Ryan campaign has a smartphone app to both track any mishaps at the polls. Poll monitors will also be placed by both parties. “Electioneering” is prohibited by most polls and campaigning while in line may be crossing that line. Voter intimidation, massive inconsistencies in voting response, and voting officials misleading voters with incorrect information are all issues that have been brought up in this crucial election.

The Uncounted
Absentee ballots and provisional votes are on lawyer’s radars this election year to make sure everything is properly and legally counted by election officials. It could be possible that Americans won’t know who the next president will be until November 17. According to a New York University study, 11% of people that are of eligible voting age lack government-issued photo IDs. Those folks may not be able to vote on new laws at the polls this year. New laws, like the Voter ID Laws in some states, may confuse voters on Election Day for those who aren’t used to voting with a Photo ID. These ...

Tags: lawyers in elections, new laws, voter id laws

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Like many others, I am guilty of enjoying the pleasures of music radio and downloadable songs via the internet, which apparently means I am not a good citizen. Even though my philosophy is “no harm, no foul,” law enforcers take this infringement very seriously. In the eyes of the law, no one can legally listen to music without having explicitly purchased it or without expressed written consent.

So, our legal rights include the right to free speech but not the right to free hearing?

In any case, one of the sites I have discovered for quick and easy tunes is Grooveshark, where you can simply search the title, artist or album name and choose from a list which songs you want to play in order, kind of like an online iTunes™ application.

Well it seemed the G-sharks swam in to some hot waters, because one day recently when I tried to listen to a hip hop song I heard on the radio but am too proud to actually purchase, the site seemed to have a seizure. My initial reaction was to panic at the thought of the virus that surely just attacked my hard drive. I quickly closed that window and restarted my computer, just to be safe.

Well, no virus, but Grooveshark was under scrutiny to determine the legality of its practices. Folks in the recording industry insist that the site is illegal. In fact, Google and Apple have both pulled Grooveshark’s mobile app from their stores. The Sharks insist that they are perfectly legal, and have structured the site in such a way that they follow government laws but are simply not licensed by every label. They are not “dedicated to copyright infringement,” as they say.

Not everyone is buying what they’re selling, (pun intended), but it looks like Grooveshark won’t be shut down anytime too soon.

A ruling by Judge Barbara Kapnick held that the “Grooveshark” site may not be liable for common law copyright infringement of pre-1972 sound recordings, which are not ...

Tags: free music, grooveshark, is grooveshark legal, is it legal to use grooveshark, legal questions answered

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Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina attended the annual Neighbor Day held by the Charleston office of South Carolina Legal Services on Saturday September 22nd 2012. Neighbor Day is an event held every year by legal services to reach out to the local community and raise awareness of the law services that the office can offer. The program was held at the campus of the Legal Services office in North Charleston. The immediate community surrounding the office as well as the entire geographical region that the office serves was invited to the event. The weather was ideal for the outdoor event that had many offerings for attendees. Among the activities that were present at the event was a school supply and shoe giveaway for the children that were present at the Day. There was a large selection of shoes sorted by size inside the conference room of the office building and kids were allowed to pick a pair that they liked. There were also school supplies available for the children.

The program also included complimentary food and drinks for all the participants in the event as there was a grill cooking up many types of food. There was also music , toys, and games that contributed much fun to the event as there were children everywhere playing. There was a face painting tent that painted the faces of many attendees including many adults. The North Charleston Fire Department also was in attendance and allowed attendees to climb all over a fire truck and ask questions of the firefighters. The educational part of the event included many local organizations that had tables with information available to those that attended. Some of the organizations that attended included the Trident Literacy Center, North Charleston Police Department, the Charleston Housing Authority, and many others. Attorney Evan Guthrie spent most of his time at the event standing by the South Carolina Legal Services information booth. The booth including many ...

There is this strip place on a main highway and as I was stopped at the lights there was a young lady out side dancing and popping her junk all over the place. I am trying to find out if that's illegal. I had noticed it was a major distraction for drivers. Is there anything I can do about it?

On the night of All Hallows Eve, a time for trickery, debauchery, upset stomachs and sugar-induced comas, we must all remember what is even more important than our costumes or pillow cases; we must begrudgingly remember stupid laws.

The police have cracked down on fun for wee children all around the country on Halloween with rather ridiculous and spirit-crushing rules laid down by each state to protect the hermits and scrooges in town.

For instance, the big shots in Hollywood decided it was too much work cleaning up Silly String that the kiddos always left on the streets this time of year, and so a law was passed that “Silly String is OFF LIMITS from 12am on October 31st until 12pm on November 1st,” and any offender will be fined a staggering $1,000.

Legally, kids over the age of 12 cannot even participate in the night’s tomfoolery in several Virginia towns. For those of us who will always be short enough to pull off the Oompa Loompa costume, this is totally unfair. Growing up in the great state of Colorado, I was able to stock my candy cabinet on Halloween every year until I was 18, for crying out loud! Not that I didn’t have anything better to do . . .

The stupid laws are not limited to children, either.

In Merryville, Missouri women are banned from wearing corsets, on the pretext that donning the wretchedly uncomfortable things would “deny men the privilege of admiring the curvaceous, unencumbered body of a young woman,” which apparently all “normal, red-blooded American males” deserve.

Okay, really? What century are we in, and who can I speak to about gender equality issues apparently thriving in Missouri?

Moving on to another place full of southern comfort and asinine legalization, Alabama presents an issue to anyone who believes in idolizing their church leader on Halloween. You cannot pay homage to your priest in this state, for “fraudulently pretending ...

Tags: halloween laws, legal, legal advice, legalization, should be legal, stupid laws, weird laws

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Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina took part in a Beach Sweep in Sullivan’s Island, SC on Saturday September 8th 2012 sponsored by College Of Charleston Alumni Lowcountry Chapter and Charleston Waterkeeper. The goal of the beach sweep was to pick up trash and debris on a long stretch of beach. Although the beach on Sullivan’s Island is considered a clean beach there was a lot of trash present and more than enough for everyone that volunteered to pick up. One of the main sponsors of the sweep was the College of Charleston Alumni Association Lowcountry Chapter. The College of Charleston Alumni Association has a purpose to manifest an interest in, and to promote the welfare of, the College of Charleston. The Lowcountry Chapter of the Alumni Association is the largest chapter of the Association and encompasses the entire Charleston area. The other sponsor of the beach sweep was Charleston Waterkeeper. Charleston Waterkeeper is a data-driven, nonprofit organization focused 100% on water quality issues in the Charleston Area. There were about forty different volunteers for the beach sweep and several garbage bags of trash were able to be filled. The sweep was held in the morning before the temperature became too high. There was a brunch for all of volunteers at a beach house that was close to the beach sweep sign in station. There were several types of foods and beverages at the brunch. Attorney Evan Guthrie was able to fill up almost an entire bag of trash during the sweep. Mr. Guthrie is an alum of the College of Charleston for his undergraduate studies and was happy to be involved in an event in which he was able to have an immediate and visible impact on the community and local beach environment. This was the first service project that Attorney Guthrie participated in as a part of the Charleston Alumni Association Mr. Guthrie was joined at the beach sweep by two of his interns from the Evan Guthrie Law Firm. Julie Chen is a graduate ...

There is a lot going on in the legal world as of Monday October 1. Certainly, some major rulings will be made during the week. These legal events will provide you with law information to keep you updated with the latest happenings.
On Monday 1, the cases of Kiobel v. Royal Dutch Petroleum and Lozman v. Rivera Beach, Fla will be heard in the Supreme Court. In the former case, the judges will determine whether infringements committed outside the United States are covered under the Alien Tort Statutes.
In the Lozman case, the cause of disagreement is whether a houseboat can actually be considered a boat. Based on the law information given, the outcome of this evaluation will determine whether dockside Casinos should be subject to maritime law or not.
On the same day in Moscow, the Tverskoy Court will take into consideration a request brought forward by the Prosecutor’s Office to ban the film “Innocence of Muslims”. This film is said to be anti-Islam and it has caused a lot of controversy as well as violence in many parts of the world. A Grozny court ruled the week before that the film should be banned due to its extremist content.
In other strange laws, Christians arrested for preaching at night on Bourbon Street will have their case heard on Monday in New Orleans. The Christians were arrested during the Southern Decadence day, which is a celebration of gay people. The court will seek to determine if the rules against preaching at night can be done away with.
Tuesday 2 in Pennsylvania will see a court make a ruling on the requirement that voters present their photos when voting. On Wednesday 3rd, the Supreme Court will be hearing the case of Johnson v. Williams and that of Arkansas Game & Fish Commission v. U.S. The latter case is supposed to determine whether the federal government should compensate the Commission.
Thursday 4 will see a court in South Dakota determine the constitutionality of the one drug capital punishment. ...

Recycling is good for the earth and great for industry, as it means materials can be used over and over again. However, those states which motivate recycling through container deposit redemptions, such as a dime for every beer bottle one turns in, are getting punished for their good deeds. A number of states, such as California and Michigan, are losing millions per year to recycling fraud. Article source:

California losing millions to recycling fraud as crime goes green



California recycling fraud everywhere



An episode of “Seinfeld,” a comedy sitcom from the 1990s, had characters in it that would drive trucks with beer bottles to Michigan to be able to get 10 cents per bottle instead of 5 cents.



This type of fraud is costing California thousands and thousands of dollars annually, according to the LA Times article. Just like in the show, people will take their cans from out of state to California so they can get five cents for every beverage container such as glass and plastic bottles and 10 cents for larger containers.


Many people have been found driving a lot of cans and bottles in from Arizona and Nevada, though the state is only intended to refund cash for bottle acquired in California. The state ends up paying about $40 million a year due to the fraud, though some think it is as much as $200 million a year. The other method of fraud at recycling centers is with fraudulent bookkeeping where the same container is counted many times.



California, like other states with container deposit law or “bottle bill,” demands a 5 to 10 cent deposit for containers from the manufacturer, in the purchase price of whatever the item is, like beer, wine, soda or bottled water. Those deposits can be redeemed for cash, if the purchaser or someone returns the container to a designated recycling center. The way fraud works is ...

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DePuy Pinnacle hip lawsuits continue to be filed in courts around the country. Now, California is considering establishing a consolidated docket for all of the Pinnacle lawsuits pending in state courts there.

Some 1,600 DePuy Pinnacle hip lawsuits are pending against DePuy Orthopaedics and Johnson & Johnson over an all-metal version of the Pinnacle hip implant system. A multidistrict litigation for all federally filed claims has already been established in U.S. District Court, Northern District of Texas. Plaintiffs who had filed in California state courts had petitioned for a consolidated docket for Pinnacle lawsuits last year. On October 4th, the California Judicial Council ordered a judge in San Francisco to determine if the DePuy Pinnacle hip lawsuits are complex enough to warrant such a move.

DePuy Pinnacle hip lawsuits allege the metal-on-metal device can shed dangerous amounts of metal ions into surrounding tissue and the blood stream. This phenomenon can cause metallosis, infection, and early failure of the device. Plaintiffs contend that the all-metal version of the Pinnacle is similar to DePuy’s ASR hip replacement products, which the company recalled in August 2010. As of today, however, a DePuy Pinnacle hip recall has not been issued.

Plaintiffs attorneys active in the DePuy Pinnacle litigation recently told Reuters that it could surpass the litigation over the ASR hip implant.

"At the end of the day we will see a similar occurrence of high metal levels in Pinnacle metal-on-metal recipients as more and more of them get their blood tested. That is certainly what we are seeing in our client population," Felecia Stern, a partner with Bernstein Liebhard LLP, a nationwide law firm representing alleged victims of the Pinnacle hip implant, told Reuters.

Other attorneys told Reuters that if Pinnacle lawsuits are successful, DePuy and Johnson & Johnson could end up ...

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Can a person be prosecuted for domestic violence when the alleged victim and only witness denies any abuse of any kind?

Can a Prosecutor use testimony; made by a alleged victim who is mental unstable at the time, to charge someone with Domestic violence?
Even after the alleged victim recants immediately after being properly medicated?

What is considered Domestic Violence according to AZ law?

Within just months of the July 6, 2012, Stryker hip recall, at least eight people had already filed Stryker Rejuvenate lawsuits alleging Stryker Orthopaedics negligently sold a defective product. All of the Stryker hip recall lawsuits claim that the defective nature of the Stryker Rejuvenate modular neck-stems caused metallosis and other side effects that forced plaintiffs to undergo revision surgery.

The Stryker Rejuvenate stems, along with the AGB II modular neck-stem, were recalled after Stryker determined they were prone to fretting and corrosion. According to Stryker, this can can cause patients to suffer from pain, swelling and adverse local tissue reactions. About 20,000 of the affected hip stems were sold in the U.S., according to the Stryker hip recall notice.

Metallosis is one side effect victims of the Stryker Rejuvenate may experience if their implant suffers from fretting or corrosion. Metallosis is a reaction to microscopic bits of metallic debris shed from the Stryker Rejuvenate device. If these toxic metal ions accumulate in the tissue surrounding the implant to dangerous levels, the body's immune system will trigger a reaction in an attempt to expel them. This causes metallosis, which results in blackening and death of the affected tissue, and possibly the development of pseudo tumors and effusions (pockets filled with fluid).

Patients with metallosis may experience pain, loosening of their implant, an increase in audible squeaks or pops from the infected joint, and difficulty walking. The only treatment for metallosis is revision surgery to remove and replace the responsible implant. The sooner this is done, the more tissue and bone loss can be mitigated. For this reason, Stryker Rejuvenate patients who experience any possible symptoms of metallosis need to inform their doctors immediately. Imaging tests, as well as blood tests to measure metal ion levels, will likely be ordered to determine ...

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Personal Injury Laws

Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina participated in the Day Of Caring event sponsored by the Trident United Way in Mount Pleasant, SC on Friday September 7th 2012. The Trident United Way sponsors events throughout the Charleston, SC area on the Day Of Caring with thousands of volunteers that take time out of their schedules to help out those in need. Attorney Evan Guthrie participated in a project with volunteers from the Lowcountry Senior Network . The Lowcountry Senior Network is the premier networking organization for professionals in the Lowcountry who are committed to providing quality services to seniors, caregivers, and adult children. The LSN helps with several volunteer projects in the local community throughout the year. The event for the 2012 Day Of Caring was to work in conjunction with the East Cooper Meals on Wheels Program in Mount Pleasant, SC.

East Cooper Meals On Wheels helps provide and deliver meals to elderly residents in the East Cooper area. Meals On Wheels serves several meals to low income elderly residents a week that may not have access to quality nourishment. The goal of the 2012 Caring event was to do landscaping and yard work on the yards and houses of the seniors that Meals On Wheels serves. There were about thirty volunteers from the Senior Network that divided into teams of four to five to work on the maximum amount of houses for clients. Attorney Evan Guthrie was on a team with another elder law lawyer, an employee with nursing education program, and a worker with a retirement community. The house that Mr. Guthrie was assigned was in need of major work and appeared to not have been maintained for quite some time. Attorney Guthrie trimmed hedges and bushes, cut limbs, raked leaves, helped install a new mailbox, and carried refuse to the curb for pickup. The temperature for that day was over ninety degrees and almost rained towards the end of the event. There was a dramatic difference ...

There are a lot of strange laws in the world, and the state of Colorado has its fair share. Local laws vary from town to town, but I’ve listed a few of the strangest Colorado laws next to a few fake ones. See if you can figure out which laws are fake and which ones are strangely true. The answers to what you can legally do in Colorado are listed below.

1. In Denver, Colorado it is illegal for Barber's to give massages to nude customers unless it is for instructional purposes.

2. In Arvada, Colorado it is unlawful to post street signs with grammatical errors.

3. In Aurora, Colorado is it illegal to have live animals participate in holiday parades.

4. In Denver, Colorado it is unlawful to lend your vacuum cleaner to your next door neighbor.

5. It is against the law in Pueblo, Colorado, to raise or permit a dandelion to grow within the city limits.

6. In Highland Ranch, Colorado you cannot legally paint your house orange without permission from the county.

7. It is illegal for a man to kiss a woman while she is asleep in Logan County, Colorado.

8. In Vail, Colorado it is illegal to consume ice-cream while riding a public transit vehicle.

9. It is illegal to wear hats on Sunday within 300 feet of a religious institution in Larimer County, Colorado

10. In Sterling cats may not run loose without having been fit with a tail light.

Answers:
1. True- How and why this law came about I have no idea- but my real question is: why would you need instructions on how to massage a nude patron if you can’t legally do so except in an instructional situation?
2. False
3. False
4. True- I suggest you buy two vacuum cleaners just in case one breaks down and you don’t feel like breaking this strange law in order to tidy up for guests.
5. True- Pueblians’ take ...

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Mounting concerns about the connection between cell phones and brain cancer made headlines this September after a study published in Electromagnetic Biology and Medicine discovered that users’ exposure to radiofrequency energy may have been underestimated, especially in children.

In other words, cell phone users may be exposed to more cell phone radiofrequency energy than the current Specific Absorption Rate (“SAR”) ratings on their cell phones show.

Before a cell phone is allowed to enter the market, its SAR rate, which measures the radiofrequency energy a person is absorbing while talking on the phone, must be not exceed the “safe” limit set by the Federal Communications Commission (“FCC”).

However, the study released Sept. 15 and led by Om P. Gandhi of the Department of Electrical and Computer Engineering University in Salt Lake City, Utah picked up on a glaring error in this process: the SAR value stamped on your cell phone is significantly smaller than its real exposure.

That’s because the standard model used to base the SAR values is inaccurate, researchers said. The Specific Anthropomorphic Mannequin (“SAM”) is actually a plastic model of the dead, and represents only the top 10 percent of U.S. military recruits in 1989—which does not show the value for a typical adult mobile phone user or a child.

The size of a user’s head plays a vital role in measuring his SAR value, Gandhi and his fellow researchers asserted. Smaller heads receive a higher exposure to radiofrequency energy, which may make them more susceptible to incurring radiation side effects. Fluid in the SAM model is not representative of different users’ brain tissue properties, either.

What the report did reveal is even more shocking: the actual SAR value for a 10-year old may be up to 153 percent higher than what is estimated by the SAM model.

Given these revelations, researchers determined ...

Updated 10-05-2012 at 03:32 PM by CLoughran

Tags: cell phone radiation, cell phone radiation in children

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There's a well-known maxim that says when you don't know, ask for expert advice. Unfortunately, in a recent court ruling reported by the New York Times, not only is taking so-called expert advice called into serious question, but following it might lead to serious legal trouble.



On Sept. 12, Judge Paul G. Gardephe of the United States District Court for the Southern District of New York made a pretrial ruling in the case of the SEC's civil case against Reserve Primary Fund, the bankrupt money management fund. This case centers on a complaint by the SEC that statements made by defendants were false and misleading, despite having been made on the counsel of "experts." As a result, in the opinion of the SEC, relying solely on experts would amount to legalization of carelessness.



Acts performed on the advice of outside counsel has long been held as a defensible argument since this advice has, until now, fulfilled the obligation by company directors to exercise duty of care. In this case, however, the SEC ruled that statements made by the company were false and misleading to investors to the extent that they addressed the safety and security of the fund. When the company countered that they were following the advice of outside counsel, the SEC pointed out that their counsel had a conflict of interest, something to which the court did not agree.



The government's position requires that the company's directors do more than just blindly accept the expert's advice. They must exercise due diligence in asking questions of the experts and their opinions. Are our experts qualified to make these judgments? Are they qualified to render an expert and unbiased opinion in this area of the law and others?



Admittedly, this extra diligence will probably make the process of making decisions on the part of a board much more tedious and time consuming, not to mention ...

Tags: law forums, legal advice, legalization, new york times

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Consumer Laws

At the height of mounting evidence that metal-on-metal hips, such as the recalled DePuy ASR replacement and the Biomet M2a Magnum implant, may cause metal ion poisoning and early failure rates, a new study released on Monday is now urging women and smaller men to avoid hip resurfacing as well.

The study, which tracked the experiences of approximately 32,000 patients, was led by researchers at Bristol University in the U.K. and concluded that hip resurfacing had “unacceptably high” early failure rates in women and smaller men.

Hip resurfacing, which uses a metal cap to replace the hip’s femoral head (the rounded top section of the thigh bone) instead of removing it completely, is a procedure that works to preserve more of a patient’s thigh bone than would a traditional total hip replacement.

Researches at Bristol University collected data from the National Joint Registry of England and Wales on how many resurfacing and total hip replacement implants failed over a period of seven years, and studied 400,000 first hip replacement procedures.

Here’s what they found: about seven percent of those failed operations involved resurfacing implants.
Dr. Ashley Blom, the lead researcher in this study, found that women tended to fare worse than men, even when the same size metal cap was used in the procedure.

The dangers of metal-on-metal hip implants are nothing new, though. Between the years 2000 and 2011, the U.S. Food and Drug Administration (“FDA”) logged nearly 17,000 adverse event reports of complications and early failure rates stemming from metal-on-metal hips. Metal-on-metal hips like the DePuy ASR, which was recalled by the manufacturer in August 2010, and the Biomet M2a Magnum implant, are now subject to a rising number of lawsuits by plaintiffs who suffered the severe side effects stemming from the devices.

If you received a metal-on-metal hip replacement and suffered ...

Updated 10-04-2012 at 10:38 AM by CLoughran

Tags: biomet m2a magnum hip implant, depuy asr, hip replacement, metal-on-metal

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Personal Injury Laws

All Biomet M2a Magnum hip replacement cases will now be coordinated in the U.S. District Court for the Northern District of Indiana, according to an order filed Oct.2 by the Judicial Panel on Multidistrict Litigation (“JPML”).

In this order, the JPML noted the proximity of Biomet’s headquarters in Warsaw, Ind., stating that while the metal-on-metal hip replacements are marketed around the country, “many of the relevant documents and witnesses likely will be found there.”

For consolidated pretrial proceedings, the JPML asked that cases be assigned to District Judge Robert L. Miller, who the panel said is “well-versed in the nuances of complex, multidistrict litigation.”

The decision to formulate a multidistrict litigation was made after two plaintiffs asked the JPML in June to consolidate the M2a Magnum lawsuits in either the Northern District of California or the Southern District of New York. According to their motion, the U.S. Food and Drug Administration (“FDA”) had, by that time, received more than 450 adverse event reports associated with the Biomet M2a Magnum hip replacement, which is comprised of chromium and cobalt.

Lawyers for these plaintiffs, who each had to undergo replacement surgery to remove their M2a Magnum hip implants after they failed, also said that at least nine related federal lawsuits are awaiting dates in courts around the country.

Between the years 2000-2011, it has been estimated that the FDA received almost 17,000 reports of adverse events from metal-on-metal hip implants.

The Biomet M2a Magnum hip implant was approved by the FDA in 2004 through an expedited 510(k) process, which allows devices on the market without clinical testing if the manufacturer can prove that the implants are substantially equivalent to another that is already approved.

If you received the Biomet M2a Magnum and experienced serious complications, call the lawyers ...

Tags: biomet m2a magnum hip implant, lawsuits

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After the first patient came forward in filing a Stryker hip recall lawsuit against the manufacturer this August, seven others have since followed suit, according to reports.

As of September 13, 2012, eight Stryker hip lawsuits have been filed by plaintiffs claiming to have sustained injuries after receiving the company’s Stryker Rejuvenate and/or ABG II hip implants. The devices were recalled this July after the U.S. Food and Drug Administration received more than 60 adverse event reports of complications and early failure rates.

When Stryker pulled these modular-neck stems from the shelves, the company admitted that their metal components have the potential to fret and corrode, which can lead to metal ion poisoning (i.e. metallic debris in the bloodstream). Yikes!

All eight plaintiffs have had to undergo revision surgeries to remove the hip implants.

Three of patients, who live in Florida, are filing lawsuits in the hopes of being compensated for the mounting medical bills they have incurred as a result of these additional procedures.

If you suffered injuries as a result of being implanted with the Stryker Rejuvenate and/or ABG II hip implants, call the Stryker hip recall lawyers at Bernstein Liebhard LLP, who are offering confidential case evaluations. Click here to learn more Stryker hip recall information.

Tags: stryker hip recall, stryker hip recall lawsuit

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Personal Injury Laws

Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina helped with a Pro Se Divorce Clinic sponsored by the South Carolina Bar Foundation and South Carolina Legal Services on Saturday August 25th 2012 in North Charleston, SC. The goal of the pro se divorce clinic is to help prepare people to represent themselves in family court while obtaining a simple divorce. A simple divorce is usually one that is not disputed, uses one year no fault grounds, has no alimony or child custody involved, and contains no other complicated or contested factors. The clinic lasts about an hour in duration and goes over the time length needed to qualify for a no fault ground for divorce, how to get the process started, how to file a complaint, how to properly serve the other spouse, how to fill out a financial declaration, how to go to court for a hearing, and how to properly fill out all the necessary forms.

Attorney Michael Van Landingham of South Carolina Legal Services led the pro se clinic while attorney Evan Guthrie contributed to the presentation and answered questions. Mr. Guthrie was on hand to help with the presentation and add his knowledge and experience of family law to those that attended the clinic. Attorney Guthrie was happy to be able to add to a program that helps those in need of obtaining a divorce, but not be able to afford an attorney. Some people may not know which direction to go or how to get things started and the pro se program helps point attendees in the right direction and allows them to learn how to do things for themselves. There is additional guidance offered by phone contact after the program is completed. The program is possible through the efforts of multiple organizations. The South Carolina Foundation is funded by the money and interest earned in the trust accounts of lawyers and law firms throughout the state and is the philanthropic arm of the South Carolina Bar with a mission to fund the advancement of justice by ...

Tags: accident, attorney, charleston sc, divorce, estate planning, family law, law firm, lawyer, living trust, mount pleasant sc, personal injury, probate, summerville sc, wills

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[B]Title 5, US Code Sec. 556(d), Sec. 557, Sec.706:[/B]

Courts lose jurisdiction if they do not follow Due Process Law.

[B]Title 18, US Code Sec.2381:[/B]

In the presents of two or more witnesses of the same overt act, or in a open court of law, if you fail to timely move to protect and defend the Constitution of the United States and honor your oath of office, you are subject to the charge of capital felony treason.

[B]Title 42 US Code Sec. 1983, Sec. 1985, & Sec. 1986:[/B]

Clearly established the right to sue anyone who violates your constitutional rights. The Constitution guarantees: he who would unlawfully jeopardize your property loses property to you, and that's what justice is all about.

“Judge, you are deemed to know the law and are sworn to uphold it. You can hardly claim that you acted in good faith for willful deformation of a law and you certainly cannot pled ignorance of the law, for that would make the law look stupid for a knowledgeable judge to claim ignorance of a law, when a Citizen on the street cannot claim ignorance of the law. Therefore, there is no judicial immunity.”

Your Constitution is an Iron Clad Contract, enforceable in a Court of Law[B]

U.S. Constitution, Article Six, Clause 2:
[/B]
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

(The Supremacy Clause of the U.S. Constitution)

[B]U.S. Constitution, Bill of Rights, Article One:[/B]

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

[B]U.S. Constitution, Bill of Rights, Article Two:[/B]

A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

[B]U.S. Constitution, Bill of Rights, Article Four:[/B]

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

[B]U.S. Constitution, Bill of Rights, Article Five:[/B]

No person shall be held to answer for a capital, or otherwise infamous, crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service, in time of War, or public danger; nor shall any person be subject, for the same offense, to be twice put in jeopardy of life or limb; ...

[B]16Am Jur 2d., Sec. 97:[/B]

“Then a constitution should receive a literal interpretation in favor of the Citizen, is especially true, with respect to those provisions which were designed to safeguard the liberty and security of the Citizen in regard to person and property.” Bary v. United States - 273 US 128

“Any constitutional provision intended to confer a benefit should be liberally construed in favor in the clearly intended and expressly designated beneficiary”

(You are the Beneficiary of the US Constitution)

[B]16Am Jur 2d., Sec. 98:[/B]

“While an emergency can not create power and no emergency justifies the violation of any of the provisions of the United States Constitution or States Constitutions. Public emergency such as economic depression for especially liberal construction of constitutional powers and it has been declared that because of national emergency, it is the policy of the courts of times of national peril, so liberally to construed the special powers vested in the chief executive as to sustain an effectuate the purpose there of, and to that end also more liberally to construed the constituted division and classification of the powers of the coordinate branches of the government and in so far as may not be clearly inconsistent with the constitution.”

(No emergency has just cause to suppress the constitution.)

[B]16Am Jur 2d., Sec. 114:[/B]

“As to the construction, with reference to Common Law, an important cannon of construction is that constitutions must be construed to reference to the Common Law.” “ The Common Law, so permitted destruction of the abatement of nuisances by summary proceedings and is was never supposed that a constitutional provision was intended to interfere with this established principle and although there is no common law of the United States in a since of a national customary law as distinguished from the common law of ...

[B]Marbury v. Madison : 5 US 137 (1803):[/B]
“No provision of the Constitution is designed to be without effect,” “Anything that is in conflict is null and void of law”, “Clearly, for a secondary law to come in conflict with the supreme Law was illogical, for certainly, the supreme Law would prevail over all other laws and certainly our forefathers had intended that the supreme Law would be the bases of all law and for any law to come in conflict would be null and void of law, it would bare no power to enforce, in would bare no obligation to obey, it would purport to settle as if it had never existed, for unconstitutionality would date from the enactment of such a law, not from the date so branded in an open court of law, no courts are bound to uphold it, and no Citizens are bound to obey it. It operates as a near nullity or a fiction of law.”

If any statement, within any law, which is passed, is unconstitutional, the whole law is unconstitutional by Marbury v. Madison.

[B]Murdock v. Penn. 319 US 105: (1943)[/B]

“A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution and that a flat license tax here involves restraints in advance the constitutional liberties of Press and Religion and inevitably tends to suppress their existence. That the ordinance is non-discriminatory and that is applies also to peddlers of wares and merchandise is immaterial. The liberties granted by the first amendment are and in a preferred position. Since the privilege in question is guaranteed by the Federal Constitution and exist independently of the states authority , the inquiry as to whether the state has given something for which it cannot ask a return, is irrelevant. No state may convert any secured liberty into a privilege and issue a license and a fee for it.”

[B]Shuttlesworth v. Birmingham Al. 373 US 262: (1962)[/B]

“If the state does convert your right into a privilege ...

[video=youtube;iTqyGMLSklw]http://www.youtube.com/watch?v=iTqyGMLSklw&feature=share[/video]

Stephen Sheftall, Eagle Scout, tells Austin City Council that he withdraws his consent to be governed by a governmental body that "treats the Constitution like toilet paper."

This blog is mostly for my personal use, and is something I'll continue to update as I make notes on legal definitions. Feel free to use it or comment for whatever reason you like. (Within forum rules ;) ) All definitions come from Black's Law Dictionary unless otherwise noted.
Links on words will lead to isitlegalto.com definitions for comparative reference.

[URL="http://www.isitlegalto.com/legaldictionaryc.php"]Clause[/URL] - A Single paragraph or subdivision of a legal document, such as a contract, deed, wil, constitution, or statute. Sometimes a sentence or part of a sentence. Appeal of Miles, 68 Conn. 237, 36 Atl. 39, 36 L. R.. A . 176; Eschbach v. Collins, 61 Md. 499. 48 Am. Rep. 123.

[URL="http://www.isitlegalto.com/legaldictionaryc.php"]Communism[/URL] - A name givenn to proposed systems of life or social organization based upon the fundamental principle of the non-existence or private property and of a community of goods in a society. An equality of distribution of the physical means of life and enjoyment as a transition to a still higher standard of justice thatt all should work according to their capacity and receive according to their wants. 1 Mill, Pol. Ec. 248.

[URL="http://www.isitlegalto.com/legaldictionaryc.php"]Competent[/URL] - Duly qualified; answering all requirements; adequnte; suitable; sufficient: capable; legally fit Levee Dist. v. Jamison, 176 Mo. 557, 75 S. W. 679.

[URL="http://www.isitlegalto.com/legaldictionaryc.php"]Construe[/URL] - To put together; to arrange or marshal the words of an instrument. To ascertain the meaning of language by a process of arrangement and inference.

[URL="http://www.isitlegalto.com/legaldictionaryd.php"]Disparage[/URL] - To connect unequally; to match unsuitably.

[URL="http://www.isitlegalto.com/legaldictionarye.php"]Enumerated[/URL] - This term Is often used ...

Updated 09-29-2012 at 04:34 PM by thorax232

Tags: clause, communism, competent, construe, disparage, enumerated, infringement, intent, laches, lien, minor, notwithstanding, pursue, repugnancy, repugnant, sedition, shephard's citations, socialism, supremacy, usurpation, void, willful

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For millennia, humans have governed each other through various laws. Whether issued by a presiding monarch or ratified by a legislative body, all laws have one thing in common: they are designed to make sure that everyone lives in peace and in harmony with each other. They attempt to curb all illegal behavior as well as level pertinent punishments on those that decide to defy the edict.

Unfortunately, understanding the existence of law is much more cut and dried than actually fully comprehending all of the parameters of these legal proclamations. Every day new laws are passed throughout the world, some of which are designed to confront issues previously not addressed, while others are intended to either clarify or replace existing legislation. To add a further complexity, the Internet has created a totally new field in online law, where some laws now govern but are almost impossible to enforce.

Most people might give up in despair at this point, feeling that it is impossible to come to grips with the legal environment of our day. Law is meant to clarify the legal boundaries of various behaviours in civilization, but the bewildering complexity of many new laws makes this objective a near impossibility to achieve. Even worse, the realm of online law is so difficult to enforce to its fullest extent that the thinking person might give some serious consideration as to what is the point of even having such laws on the books if they are impossible to enforce.

The answer to this situation is twofold. First, the better read an individual is in law, the better that they are able to understand what the turgid prose is attempting to say. Second, even though they might not have read every single law, they are more in tune as to what new laws might say or are more fully equipped to understand the intricacies of online law. After all, society continues to march forward, and so should everyone’s understanding of the laws that govern our ...

Tags: law, new laws, online law

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YouTube Playlist
[video]http://www.youtube.com/playlist?list=PL442114A5F925ED03[/video]

There are currently over 2,500 DePuy Pinnacle hip replacement lawsuits pending against DePuy Orthoapaedics, a Johnson & Johnson subsidiary. The DePuy Pinnacle metal-on-metal hip system shares similar design elements to the recalled DePuy ASR hip replacement. Like the ASR hip system, the Pinnacle all-metal hip implants can lead to complications within a few years after implementation, like pain, inflammation, difficulty moving, elevated levels of metal ion levels, which may lead to painful and expensive revision surgery. The DePuy Pinnacle hip replacement lawsuits allege that the devices were defectively designed. The first bellwether trial in the federal DePuy Pinnacle hip lawsuits should be ready for trial by September 14, 2014.

Although most media attention has focused on the details and background of the DePuy ASR hip recall, the dangers of DePuy Pinnacle metal hip systems shouldn’t be overlooked. One victim of a defective Pinnacle hip told her story to Reuters. Harriett Bowen is a 64 year old woman from Maryland who received a Pinnacle metal hip system in 2008. She soon began experiencing side effects, from pain, limited mobility, to discovering that she had elevated levels of cobalt and chromium in her bloodstream. In July 2011, her left hip fractured. Ms. Bowen was forced to undergo revision surgery to remove the defective device. She is now filing a lawsuit against Johnson & Johnson. "I have never done anything like this before, but considering what I went through for three years, I feel like I should be compensated," said Bowen. Patients filing DePuy Pinnacle hip replacement lawsuits seek compensation for medical expenses, lost wages, and pain and suffering. Learn more at http://www.consumerinjury/depuy-pinn...p-replacement/ or call 1-877-779-1414.

If your child was born with a cleft lip, cleft palate or another birth defect after you took Topamax, you may be eligible to file a Topamax lawsuit.

Studies have shown that women who had taken Topamax, a drug prescribed to treat migraines and epilepsy while they were pregnant were 11 times more at risk to have a baby born with birth defects. Even scarier: children exposed to Topamax in the womb were also more likely to develop skeletal malfunctions and genital defects.

But what about the company who manufactures Topamax, Ortho-McNeill Neurologics? Shouldn’t they be held liable for the injuries you have sustained?

We think so, too.

If you and your child have sustained these unfortunate injuries as a result of taking Topamax, you should pursue a Topamax lawsuit against Ortho-McNeil Neurologics. Call the lawyers at Bernstein Liebhard LLP, at (877) 779-1414 for a confidential case evaluation. Or, check out the firm’s website to learn more about filing a Topamax lawsuit.

Updated 09-26-2012 at 02:40 PM by CLoughran

Tags: topamax, topamax lawsuit

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Personal Injury Laws

Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina made an appearance on the MOD Love Radio on Thursday August 23rd 2012 in Charleston, SC. The MOD Love Radio is an internet radio show that is on the Kinetic HiFi radio network and broadcasts worldwide from Charleston, SC. The radio show is hosted by Jodi Riley and Glenn Cohen and focuses on and discusses issues dealing with all aspects of relationships of men and women. Attorney Evan Guthrie was invited on the show to discuss his perspective on relationships as a lawyer that practices family law and estate planning. Mr. Guthrie discussed various aspects of divorces, child custody, prenuptial agreements, and planning an estate. There were several questions from listeners that included how to best leave a marriage when one spouse is ready to go, but the other spouse keeps talking them out of it to when a prenuptial agreement would be appropriate in a relationship. Attorney Guthrie stayed on during the entire two hour duration of the show and contributed to discussions that touched on several aspects of family law. The law is intricately related with almost every aspect of a relationship and cannot be easily separated from any part of it. Attorney Guthrie spoke mostly about his knowledge of South Carolina law, but touched on some of the different laws of other states when listeners from far away called in to the show. There were several common misconceptions and urban myths about family law that Evan was able to clear up during his appearance on the show. Mr. Guthrie got a chance to give his opinion on many aspects of divorce and family law and the way the law interacts to shape relationships and marriage. Attorney Guthrie had a chance to talk about some of his own experiences as a lawyer and his background and how he got into the practice of law. Mr. Guthrie enjoyed his time on the air and being able to contribute to the discussion and answer questions from the audience as the time went by very fast. ...

Tags: accident, attorney, charleston sc, divorce, estate planning, family law, law firm, lawyer, living trust, mount pleasant sc, personal injury, probate, summerville sc, wills

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Divorce Laws , Elder Laws , Estate Planning Laws

As Actos bladder cancer lawsuits continue to mount, Consumer Reports flagged the use of this popular type 2 diabetes medication as "''one bargain' to avoid" in a public health alert released on August 21, 2012. The announcement was prompted by the U.S. Food and Drug Administration (“FDA”)’s approval of pioglitazone, a generic form of the drug, on August 17.

This decision, which has already started to raise questions in the medical community, is unusual given the recent wave of studies that have found a link between the long-term use of Actos and bladder cancer, heart failure, bone fractures, and liver disease.

The generic version of Actos, which will be sold at a cheaper price than the name brand, was approved to be marketed in 15 milligram, 30 mg and 45 mg strengths.

You might be wondering why the FDA didn’t instead pull Actos from shelves given its dangers, rather than allow a cheaper version of it to be sold. Last summer, France and Germany recalled Actos when they learned of its frightening connection to bladder cancer.

If you developed bladder cancer after taking Actos for a long period of time, call the attorneys at Bernstein Liebhard LLP, who are investigating potential Actos bladder cancer lawsuits, at (877) 779-1414. Visit their website at Actos Lawsuit | Actos Bladder Cancer.

Tags: actos, actos bladder cancer lawsuits

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Consumer Laws

The family of Stanley Kirk, 62, has filed a wrongful death lawsuit that has been transferred to U.S. District Court for the Western District of Missouri against the Wal-Mart Supercenter in Joplin, Missouri after Kirk died in the store during the May 22, 2011 EF-5 tornado that killed 161 people.

Man Was Forced to Stay in Store During Tornado

According to the lawsuit, just before 5:24 p.m., Kirk “attempted to leave the store to return home (but) was forced to stay in the store and (was) directed to an unsafe/improper location,” the Joplin Globe reported. The lawsuit alleges that Kirk lived seven minutes away in an area that was not hit by the tornado, but that the defendants locked the doors, preventing him from leaving, an action which also prevented emergency personnel access the store.

The complaint maintains that the defendants, including manager Andy Martin, were negligent, saying, “Defendant’s actions and deliberate decisions negligently caused (Kirk) to receive severe injuries resulting in his death.”

According to the Joplin Globe, three people died in the Wal-Mart Supercenter on Range Line Road during the tornado.

The lawsuit seeks an unspecified amount in damages for pain and suffering, loss of income and medical and funeral expenses.



Find more at: http://www.HaskelLaw.com

Tags: andy martin, joplin, missouri, stanley kirk, tornado, wal-mart

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**WARNING Duration - 06:39:56**

YouTube Playlist: [url]http://www.youtube.com/playlist?list=PL8A1521C99D6ED8CE[/url]
Archive.org (Download): [url]http://archive.org/details/Michael_Badnarik[/url]

In the early eighties Michael Badnarik started his career as a computer programmer at an Illinois nuclear power plant. For the past twenty years he has continued this professional course, but during this time he became interested and frustrated with politics. As a result, in 1983 Badnarik began studying the IRS and then the constitution. He had since condensed his 18 years of research into a short eight hour course that he would teach in a lecture format. It included some of the fundamentals on our rights and the foundations of our republic. A video recording of one of the classes has been made and you can watch it here..

Many people believe that they can “beat the case” if the officer doesn’t read them their [URL="http://flexyourrights.org/supreme_court/miranda_v_arizona"]Miranda rights[/URL] during an arrest. This is a myth.

The only time an officer must read a person his or her Miranda rights is when: (1) the person has been placed under arrest, AND (2) the officer is about to question the person about a crime. For example, if you’re placed under arrest after consenting to a search request and confessing to ownership of found contraband, police do [I]not[/I] need to read you your rights unless they want to question you about an unrelated crime.

The courts have made clear that police do not have to tell you about your right to refuse searches. Also, despite the myth to the contrary, an officer does not need to get your consent in writing; oral consent is completely valid.

If you’re arrested, don’t rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words ”I’m going to remain silent. I would like to see a lawyer.” If police persist in questioning you, repeat the magic words. The magic words are like a legal condom. They’re your best protection if you’re under arrest.

Remember that anything you say can and will be used against you in court. So don’t try to talk yourself out of the situation, and don’t make small talk with police either.

[video=youtube;b2-nKV5odbw]https://www.youtube.com/watch?v=b2-nKV5odbw&feature=player_embedded[/video]

[video=youtube;yqMjMPlXzdA]https://www.youtube.com/watch?v=yqMjMPlXzdA&feature=plcp[/video]

MORE INFO ON DEALING WITH POLICE ......

Know-Your-Rights DVDs: ‪[URL]http://flexyourrights.org/shop[/URL]

Got questions about dealing with cops? We got answers: ‪[URL]http://flexyourrights.org/faq[/URL]‬

[video=youtube;s4nQ_mFJV4I]https://www.youtube.com/watch?v=s4nQ_mFJV4I&list=SP1B0B357282389571&index= 1&feature=plpp_video[/video]

Learn how to deal with police by asserting your constitutional rights.

[URL]http://flexyourrights.org/our_DVDs[/URL]

Every society that exists on the face of the earth is governed by a set of laws. Some of these laws are designed to regulate corporations that employ thousands of individuals and earn billions of dollars each year, while other laws exist to make sure that citizens of a very small community are able to live with each other in peace and in harmony. In every case that a law has been written, the explicit purpose is to make sure that people are able to coexist in peace and harmony while pursuing their various interests.

Some people might find that their city has enacted what they consider to be stupid laws. These laws might either contain language that appears to be poorly worded or lay down restrictions that the populace might consider to be petty or overbearing. Equally confusing to many is the nature of the common law. How could regulations that have never been ratified by any legal body be viewed as the law of the land? After a while, some people might begin to feel that possessing a legal dictionary is the only way to properly interpret what is and what is not permissible.

Granted, the nature of the common law might seem to be a bit of a challenge to grasp at first, and some of the regulations on the book admittedly can be labeled as stupid laws. However, the law is the law, and regardless of the code from which these laws originate, they must be obeyed by all. Simply put, documents such as a legal dictionary exist to help people understand the law more properly and clearly. They do not exist as a means to more fully explain or justify the existence of any regulation that has been enacted.

In short, understanding the nature of the common law is helpful, as well as learning why seemingly stupid laws are enacted. However, the long and the short of it is that all laws need to be observed. It might take a legal dictionary to fully understand some of the complicated terminology incorporated in a law, but it does not take a legal ...

Tags: common law, legal dictionary, stupid laws

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Consumer Laws , Divorce Laws , Marriage Laws

There have been a lot of stories in the news and inflammatory language about the Arizona state law SB 1070. Many immigrants who have not yet gone through the legalization process worry that they are now at greater risk for being deported and others worry that many people’s legal rights are going to be infringed. While these are legitimate concerns, the actual impact of the law may not be as big as either side thinks.

Origins of Arizona SB 1070
As one of the states bordering Mexico, Arizona has a large immigrant population, both legal and illegal, as well as many residents with Hispanic ancestry whose families have been American citizens for generations. The failure to great a secure border with Mexico led to a great increase in illegal immigration during the construction boom and economic good times that occurred before the collapse of the last several years. Illegal immigrants send their kids to school, access government services, and commit crimes, just like the rest of the population. The Arizona state law was an attempt by Arizona legislators to begin to control a situation that was getting very expensive for the state because the federal government did not seem to be very interested in enforcing immigration law. While this may look racist to some, to others it has more economic origins. In difficult times, shouldn’t government services go to citizens instead?

Provisions of the Law
The most controversial provision is the right of officers to request proof of legal status if someone detained for another reason is suspected of being illegal. No one can be questioned simply because they are ‘walking down the street while being Mexican.’ A reasonable suspicion of other illegal activity has to exist. Will people’s legal rights be violated? Most adults carry their driver’s license with them all the time. If someone has gone through the legalization process, he would probably carry his residency permit with him as proof of his ...

Tags: arizona, immigration, legal rights, legalization, state law

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This just in: the first Stryker hip recall lawsuit against Stryker Orthopaedics, manufacturer of the Stryker Rejuvenate and ABG II hip implants, has officially been filed in the U.S.

The plaintiff, who filed the lawsuit on August 8, 2012 in New Jersey Superior Court in Bergen County, is alleging that the modular-neck stem she received shed metal debris into her bloodstream. The complication, which was caused by fretting and corrosion of the modular-neck hip stem, forced her to undergo revision surgery. She also developed pseudotumors, bone necrosis, and soft tissue problems due to metallosis as a result of complications.

This Stryker hip recall lawsuit was filed on the heels of a voluntary recall of the Stryker Rejuvenate and ABG II modular-neck hip stems by Stryker Orthopaedics in July 2012.

If you have developed metal toxicity, had to undergo revision surgery and/or suffered from hip replacement failure as a result of the Stryker Orthopaedics-manufactured Stryker Rejuvenate or ABG II hip implants, you may be eligible to file a Stryker hip recall lawsuit.

Attorneys at Bernstein Liebhard LLP, a nationwide law firm, are actively investigating claims on behalf of individuals who have experienced serious side effects as a result of being implanted with these recalled devices. Visit our website to learn more about Stryker hip recall lawsuits , or call us at (877) 779-1414.

Tags: stryker hip recall lawsuit

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If you sustained a Fosamax femur fracture or osteonecrosis of the jaw after taking the popular drug used to treat osteoporosis, you might have been treated—and even tested—for bone loss too soon, according to a New York Times report.

Earlier this year, the American Academy of Family Physicians made a surprising discovery, as reported by the Times: bone density scans are in the top five for tests most often performed unnecessarily, which may lead to overtreatment of patients, they said. In turn, this could lead to Fosamax femur fractures.

According to the Times, “the consensus among physician groups is that healthy women who are not at any particular risk for osteoporosis should not even be tested until they are 65.”

That said, medical professionals are reassessing when to test and treat patients, and to do so only when necessary. In May 2012, the U.S. Food and Drug Administration (“FDA”) addressed the dangers of long-term use of drugs like Fosamax by warning the public that while they may be useful in reducing the risk for fracture in the first few years of use, they also puts users at an increased risk for Fosamax femur fractures and osteonecrosis of the jaw after three to five years.

Dr. Glen Stream, president of the American Academy of the Family Physicians, agrees. “For low-risk patients with modest bone loss, or osteopenia, bisphosphonates like Fosamax and Boniva may do more harm than good.”

If you sustained Fosamax femur fractures after taking Fosamax, you might have a case against the drug maker. Attorneys at Bernstein Liebhard LLP are filing lawsuits on behalf of individuals who allege they experienced the serious side effects associated with long-term use of the drug in the mass tort action, In re: Fosamax Litigation (No. 282 N.J. Super Ct.), which is currently underway in the Superior Court of New Jersey, Atlantic County.

Peruse our website to learn more about Fosamax femur fractures, ...

Updated 09-19-2012 at 12:43 PM by CLoughran

Tags: fosamax femur fracture, fosamax femur fractures

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Personal Injury Laws

If you experienced unpleasant side effects as a result of your Stryker Rejuvenate or ABG II hip implant, you may be eligible to file a Stryker hip recall lawsuit against the manufacturer, Stryker Orthopaedics.

Although these devices were recalled in July 2012 by the manufacturer, it is estimated that 20,000 of them were sold throughout the U.S. The recall was issued after the U.S. Food and Drug Administration ("FDA") received 60 adverse event reports of complications and early failure rates stemming from the modular-neck hip stems.

For many people, being implanted with these devices has resulted in metallosis as well as adverse local tissue reactions, which have been manifested in swelling and pain. This is because the hip implants are prone to fretting and corrosion.

If you have experienced one or more of these side effects, protect your legal rights today by filing a Stryker hip recall lawsuit against the manufacturer. Lawyers at Bernstein Liebhard LLP, a nationwide law firm, are currently offering free and confidential case evaluations to individuals who have suffered injuries as a result of being implanted with these devices. Visit our website to learn more about how to file a Stryker hip recall lawsuit, or give us a call directly at (877) 779-1414.

Updated 09-21-2012 at 08:33 AM by CLoughran

Tags: abg ii, lawsuit, stryker hip recall, stryker hip recall lawsuit, stryker rejuvenate

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Personal Injury Laws

Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina helped with the First Day Festival at the Liberty Square at the SC Aquarium and the Charleston Maritime Center In Charleston, South Carolina on Sunday August 19th 2012. The First Day Festival is an event to give away free book bags and school supplies to students in elementary, middle, and high schools throughout the Charleston, SC area. The festival is scheduled for the weekend before the first week of school starts. The school supplies are donated by local area businesses including local law firms.

The Young Lawyers Division of the South Carolina Bar organized an effort to collect school supplies to donate to the festival. Attorneys and law firms created drop off sites for the supplies and then added them to all of the supplies for the festival. The supplies included backpacks, paper, notebooks, pens and pencils, markers and crayons, glue, scissors, and rulers. The school supply give away was only one part of the festival as there were many businesses and organizations that set up booths with information and gifts. There was also food and games for the kids that attended. There was enough school supplies for thousands of children and the supplies fit in many box trucks. Attorney Evan Guthrie helped to unload the trucks and carry the supplies to the spot they were to be distributed. Mr. Guthrie also helped organize the distribution area into two stations where the supplies could be given to the students. There was a long line of parents and students that waited before the supplies were to officially be given away. It started to rain before the official time to start giving away the school supplies. After a little bit of time , the distribution started and the school supplies were able to be given to the parents and students. Mr. Guthrie was able to hand out many backpacks to the students after they waited in line. The students were happy to receive the supplies and had smiles on ...

Sometime or other during your life you will probably have need for or at least have contact with a lawyer. Situations that commonly require lawyers include real estate closings, divorces, child custody disputes, bankruptcies, and wills or estate matters. Many people need legal advice after an accident or any kind of arrest. If you like exploring on the Internet, there are lots of online law websites that can give you information that may apply to your situation. Hiring your own lawyer is most reliable way to get representation, but for some that can’t afford it, legal services are also available. You just have to know where to look and who to contact.

Internet Info
There are lots of websites that dispense legal information. These can be invaluable when you begin to research a topic but keep in mind that the information is only as good as its source. Websites can be unintentionally inaccurate. Also, online law information may be out of date if the codes have changed since the page was posted. Any advice given out is not considered ‘practicing law,’ and you alone are responsible if the counsel turns out to be wrong.

But I Really Need Help!!
If you need a lawyer and can’t afford to pay for one, there are places you can contact that may be able to help. Each state has a Bar Association, the professional association of the state’s licensed attorneys. Most states have a pro bono program in which lawyers donate a portion of their time to help people for free. The Bar Association may be able to put you in touch with someone in the area you need help with.
Most states also have legal services foundations that have offices in lower income communities. These can often be found in the phone book or by an Internet search. In addition, law schools often have programs where the students, under supervision, offer a variety of legal aids to the community as part of their training. Keep in mind with all these services that you might ...

Tags: internet, legal advice, legal services, online law

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Consumer Laws

HELL YA IM MAD I LIVE IN A BACKWARDS COUNTRY TOWN THAT MAKES ITS OWN LAWS UP AS IT GOES. I GOT 2 YEARS OF PROBATION FOR MY DUI2, THEN IT TURNED IN TO 4, THEN 5, NOW 7. AN NOW ITS TIME TO GO UP STATE FOR TWO YRS, I MOVED HERE FROM PITTSBURGH AND IF I STILL LIVED THERE SMOKING POT WOULD NOT GET U SENT UP STATE FOR 2 YRS. THE JUDGE IS A RACISIT, SEXIEST PIG THAT NEVER ALLOWS ME TO EVEN DEFEND MY SELF. SO THERE IS NO JUSTICE HERE WHERE THE GREAT GROUND HOGS DAY IS. NEVR COME HERE FOR ANYTHING, IF SO YOU NEVER GET TO LEAVE AGAIN UNLESS U UP AND GET VIOLATED

Here on IsItLegalTo if you post regularly (and I hope you do :) ). You will quite often come across things you disagree with, or you may find something you think is wrong. I just want to go over how to respectfully reply to these things without showing "contempt".

First and foremost the poster of a thread should be considered it's owner. The thread should be considered to be his/her conversation and while arguments are welcome and "heated" arguments are tolerated the subject at hand should be maintained.

Anyone may start their own thread on the premise of arguing law, what is right and what is wrong. We have "should be illegal" and "off topic" sections that may be used for such things.

Second, anybody asking questions should be assumed to be innocent, this is the way of our legal system and we can not make progress in helping those with questions by not trusting what they have to say.

Many times on these forums we tend to not get a lot of information from original posters. Those of us giving advice must then make assumptions in order to give our best answers. When doing so, please ask for more details if needed in order to show that you are willing to consider other evidence. This is a way to show respect to the owners of the threads and an efficient way to make advice go a little smoothly.

Third, if you think somebody is wrong please first assume that they are right and find proof through credible sources. Do not turn this forum into a place for flame wars. Arguments and debates on both factual and philosophical levels are welcome and even smiled upon.

There are some who take questions and advice on this forum very seriously, including me. Giving bad advice or bad information can lead to dire consequences in the real world. This is why I understand high emotions and a feeling of need to get proper information across. Just keep any arguments and ...

If you’re a part of a religious organization that has tried to find law specifics about function or procedures, you may have experienced the overwhelming legal terms that leave you wondering if finding law answers is impossible. In fact, many groups give up altogether since the process can be so complicated and confusing. But is this wise? Why and how should a religious group make the effort to know and apply the appropriate laws?

Proactive Procedure
It is far more difficult to find law solutions while you’re embroiled in a nasty conflict than when you’re simply preparing for the possibilities. Sorting through legal terms and finding the law answers to common issues that religious groups face can be a proactive procedure that may save a group in time and money. The fact that finding these law answers can be complicated and time-consuming should inspire leaders of these groups to make the effort as soon as a religious organization is established. Knowing the proper legal procedures will allow good procedures to be in place at the outset, establishing habits that can protect from lawsuits.

Personal Practices
While it is challenging to find law specialists in the specific applications of the law to religious groups, it is not impossible. A specific search will reveal a few specialists who have focused their careers on providing law answers for religious groups. In recent years the leading specialist in the United States of America has created a much-needed legal treatise. Seminars and personal consultations are also now available for religious groups that are serious about sorting through legal terms until their obligations and rights are firmly understood. While each organization is unique, finding and following the similarities and broadly applicable laws gives religious groups firm footing as they establish the practices that meet their individual needs.

Protected Presence
Religious groups that have found ...

Tags: find law, law answers, legal terms, religion, religious groups

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Is it a legal requirement for an Independent Contractor to provide a written receipt for labor or work statement at the completion of a job, or can it be a verbal declaration of the work performed?

Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina taught an class covering the basics of estate planning and probate at The Bridge At Charleston in North Charleston, SC on Thursday July 19th 2012. The Bridge At Charleston is an assisted living community that has stunning surroundings, outstanding services, an abundance of amenities, and dynamic activities. Attorney Guthrie taught the class in the main living area in the front of the facility that had a open space and many chairs and couches. The class lasted about an hour in length and covered an introduction to planning an estate that include what an estate actually is, what kind of assets can comprise an estate, what happens if one has no plan for their estate, different types of plans, the difference between a last will and testament and a revocable living trust, how to protect oneself in case of capacity with a durable power of attorney, how to plan ahead for difficult medical decisions with advance directives including a healthcare power of attorney and a living will, how estate taxes work, the mistakes most people make in planning, and a checklist of items to considering when making or updating a plan. Attorney Guthrie spoke to a good number of residents at the Bridge and the audience kept increasing as the word spread about the presentation that was going on and the topic of the presentation. Those in the audience had a great number of questions such as how to best communicate with a child that lived out of state to update a plan, the different choices that had to be made when making advance directives, and what to do if they wanted to completely change their plan. Mr. Guthrie was happy to speak the residents and answer all of their questions and concerns. This was the first time that Attorney Guthrie had taught a class at an assisted living facility and impressed by the participation and back and forth that the audience demonstrated. Mr. Guthrie teaches many classes a year on the subjects ...

With pop culture becoming ever more entwined with social media, what can and can’t be legally posted by fans of entertainers and their works can become hairy.

For example, young adult author Christopher Paolini, author of the popular “Inheritance” series, recently set up his own Facebook page to interact better with his fans. Paolini had to issue a statement to help distinguish his own official page from others bearing his picture and name, which fans had created out of affection for his work. Although they may have been well-intentioned in creating pages that chronicled their literary hero’s endeavors, it made it difficult for fans to identify the real author. The gracious Paolini did not complain about this difficulty, but it begs the question, is there a law on Internet etiquette that legally allows or restricts people from assuming the identities of public figures?

In the US, law suits by and against famous people have set a number of precedents regarding the privacy of public figures. Generally, courts will rule that celebrities who willingly stepped into the spotlight forfeit a lot of typically privacy protections. Today, public figures who win cases regarding the unauthorized sharing of personal information usually do so on grounds of defamation, rather than privacy, with a few exceptions. In US law courts, this puts the burden on the famous to prove that the information distributed was both incorrect and cast the plaintiff in a negative light that harms his or her image.

With social media still being relatively young, there does not yet seem to be any firm precedent or law on Internet defamation. Law gurus across cyberspace are quick to point out that much of social media turns on the axis of opinion. As long as a statement is framed as an opinion and not as fact, US law grants a lot of protection to the person who posted it. Professional cricket player Chris Cairns recently won thousands of dollars in damages in ...

Tags: celebrity, fanatic, law on internet, legally, social media, stalking, us law

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Other

Marijuana, or pot, as it is colloquially called, is a substance that has long been illegal to use as a drug in the U.S., and for good reason. It is an extremely addictive drug with many negative health effects. Both short-term and long-term use have serious negative effects. However, as we all know, just because marijuana cannot be legally purchased and used does not mean that usage and sales are not going full-force. Read on to learn more about marijuana’s negative health effects and why some advocate its legalization.

First, why do people smoke marijuana? For many, the short answer is that they smoke it to get “high.” Marijuana enters the system very fast when inhaled; this allows the user to get the high effect almost immediately. This practice becomes extremely addictive. The user will crave the highs and will enter withdrawal if he/she does not get high. This addiction leads to repetitive use which leads to long-term negative health effects.

The biggest health risk is lung cancer, just as with tobacco smoking. Other risks include reduced testosterone levels for men and slowed reaction time. All of these risks are quite serious.

Given all of these risks, why do some believe that marijuana should be legalized? Some believe that legalization of marijuana would get rid of the violent drug trade currently used to obtain and sell the drug. According to this point of view, if one can legally purchase and use marijuana, why would he/she still use the old way to get it. Advocates of this point of view also believe that the taxes that could be charged on legal marijuana sales could generate helpful revenue.

There are two problems with these viewpoints. If marijuana were legally sold, there would be significant taxes on it. These taxes would cause users to return to their previous “vendors” in order to avoid paying the hefty taxes. Therefore, the black market would probably still exist. The second problem is that ...

Tags: cannabis, drug legalization, legal, legalization, legally, marijuana

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Consumer Laws

I'm just wondering if I file for an annulment due to my "spouse" still being married at the time of our marriage if I will also be charged and sentenced for bigamy?

Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina helped with the Quarters A Cleanup Project on the former Charleston Naval Base in North Charleston, SC on Saturday July 14th 2012. The Quarters A Cleanup Project was cosponsored by the Preservation Society Of Charleston and the Charleston Commandry of the Naval Order of the United States. Quarters A is on the Preservation Society Of Charleston’s Seven To Save List that recognizes historic landmarks in the Charleston SC that are in danger of being lost to deterioration and damage. The building is on the list of National Register Properties in South Carolina for historic landmarks. Quarters A was a residence on the former Charleston Naval Base that housed the base commander and served host to a number of parties and social functions. The Quarters was constructed in 1905 and has two stories with balconies, columns , and a view of the Cooper River. Quarters A has been left vacant since the Navy Base closed in 1996 and is in need of major stabilization work. The purpose of the cleanup was to landscape around the exterior of the building. Attorney Evan Guthrie helped clean around the front of the property removing soil, leaves, and roots that was covering up a patio. There was several years’ worth of build up debris that had completely obscured the patio area. Mr. Guthrie help reveal the patio after several hours of work with other volunteers. Other volunteers helped clean up the back of the property by removing bushes, shrubs, and limbs that covered a backyard area that was cleared and opened up. Attorney Guthrie grew up and went to grade school around the former Charleston Naval Base while it was still operational and remembers what the officer houses looked like when they were properly maintained. Mr. Guthrie was happy to be able to contribute to an effort to try to save and beautify such an important and historical structure. Attorney Guthrie looks forward to being able to help out with similar ...

I’m sure that all of us have some weird laws where we live. Maybe it’s the picky parking rules downtown or some annoying speed limits. We all have experience with this sort of thing. However, there are plenty of very unusual laws in different states that you have probably never heard of. These are serious laws, but their ridiculousness can give us something to laugh about. I recently found a website called dumblaws.com that is devoted to sharing these weird laws with the world. Here I will share with you some of my most interesting findings.

We all know people who wear clothes that don’t match. Where we live, this may be a fashion faux pas, but is it legal to be uncoordinated with your clothing? Not in Carmel, California. The law itself says, “A man can’t go outside while wearing a jacket and pants that do not match.” Fashion experts in the area probably love this law, but the US laws could be tragic for some guys who aren’t gifted with color coordination.

Have you had a cold recently? If so, you may have been banned from walking around in public places in certain parts of the state of Washington. The law supposedly protects others from being “contaminated” by your cold. This law could be a real inconvenience for those people who always seem to have a cold.

Is it legal where you live for children to smoke? Hopefully not. However, in at least certain parts of Massachusetts, it is perfectly legal for children to smoke. They just can’t purchase cigarettes. Talk about illogical. What are things coming to?

Is it legal to live in a trailer or mobile home? In Anchorage, Alaska, that depends on whether or not the trailer is moving. The law states, “Persons may not live in a trailer as it is being hauled across the city.” Wow. How many people would actually attempt to live in a trailer as it is being hauled?

It is very common to see large trucks being driven with dirty tires. Evidently, some people are ...

Tags: fashion laws, is it legal to, matching clothes, smoking, us law, weird laws

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Family Laws , Other

Blogs, Facebook, Twitter, personal websites . . . . Online media . . . It’s everywhere. What many of us don’t realize, however, is that online law governs its use. Take online images, for example. We wouldn’t reprint a professional photograph in a book. Then why don’t we think twice about reposting a photograph online.

When does an Image Get Copyrighted?
You might think only professional, printed photograph have copyrights. According to the legal definition, however, as soon as the photographer hits the button, the photo has a copyright. Another way of looking at it? Legally, if you take the picture, you own it.

So how does this legal definition apply to online law? Technically, you need the express permission of the photographer to use the photo. This creates a problem for bloggers. Blogs without pictures never have the same impact, and, unless you’re a photographer yourself, you’ll need other people’s photos to create that impact. So what’s a blogger to do?

The Fair Use Clause
Thankfully, the legal definition has an exception. How can you use copyrighted images? The Fair Use Clause. Before we explore this concept, keep in mind, the law doesn’t care about your opinion. Even if it seems fair to you, it may not fall under this heading. Fair use considers the public interest, not your personal interests.

So how does fair use work? Fair use allows you to reuse photos for the benefit of the public. For example, you may find yourself publishing a review on your favorite new appliance. Including a photograph falls under the fair use heading.

Before taking advantage of fair use, however, keep in mind some of the points in the legal definition. Consider, what are you using the picture for? Do you have a commercial purpose? If you’d make money of the photo, legally, you can’t use it. Are you using all of the image? For example, if you have a choice between posting an entire picture on ...

Tags: image rights, images, legal definition, legally, online images, online law, posting online, rights

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Intellectual Property Laws

Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina made an estate planning and probate presentation to government employees at the Hampton Inn in North Charleston, SC on Wednesday June 20th 2012. The program that Mr. Guthrie spoke at was part of a three day program designed to be a comprehensive financial education for those that work for the federal government. Attorney Evan Guthrie’s presentation was in the afternoon of the second day of the program. There were about sixty federal government employees in attendance and they were very interactive during the presentation. Mr. Guthrie’s talk lasted about two hours in duration and had time for questions afterward. The scope of attorney Guthrie’s presentation covered the all the basic aspects of planning an estate including what constitutes an estate, the different kinds of assets a person can own and their interplay with an estate, how the probate court system works with someone’s estate when they die, the different forms typical plans for estates take, what a last will and testament does, what a revocable living trust does to assets in an estate, what happens if one has no plan at all, how to protect oneself if one were to become incapacitated with a durable power of attorney, what kind of advance planning is necessary for health care decisions, the most common planning mistakes and how to best avoid them, and how to best get started in implementing a plan and all the steps that are necessary to carry it out. Mr. Guthrie explained all these various aspects so that everyone could understand them and took questions as they were presented and allowed for follow up. Questions from the audience ranged from the best way to protect assets in the case of a second marriage to make sure that children from the first marriage received them to the best way to make sure that someone that was receiving disability payments could inherit assets without losing their payments. Attorney Guthrie enjoyed being able ...

Tags: accident, attorney, charleston sc, divorce, estate planning, family law, law firm, lawyer, living trust, mount pleasant sc, personal injury, probate, summerville sc, wills

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Divorce Laws , Elder Laws , Estate Planning Laws , Family Laws , Medical Malpractice Laws , Personal Injury Laws

My son was interviewed for a job at a local business. They called him back and said he had been hired and would be getting 30 to 35 hours a week. We were both thrilled because he has been looking for a job all summer and it has been a struggle for both of us. Since then, a month has passed and he calls in every week to find out when he will be starting and what his hours are, but they continue to say that he is not on the schedule yet and the last time he called he was told that they were waiting for a position to open up. This does not seem ethical? Is it legal for a business to hire someone and then keep them hanging for weeks like this? What can we do about this?

I need to know what the penalty is for breaking my license restriction? I wasnt allowed to blow anything and I registered a .05. Im 23... Any advice?

You may have many law questions floating around in your head, but the legal grounds of your car’s GPS navigator probably isn’t one of them. However, quite a number of law articles address the area of how you can modify the windshield/dashboard area of a vehicle, and the presence of a navigation device within view of the driver certainly falls into that category. There are actually specific laws in place that govern GPS unit placement and size, and unfortunately many drivers are in violation of them on a regular basis.

Safety First
The laws about windshield blockage aren’t just there to give police officers an excuse to pull you over. It creates a very unsafe environment if stickers, decorations, and GPS units obstruct your view out the front of your car. Even a smaller unit, if placed in the wrong spot, can keep you from seeing a car turning in front of you at an intersection or a pedestrian starting to cross the street.

The law questions are probably starting to come to your mind now: Where is the best place for my navigator to avoid crossing legal lines? You don’t need to search through law articles online to find the answer; usually common sense and reasonable caution will keep you within the bounds of the law.

Using a GPS Device
The easiest way to avoid getting a ticket for blocking your windshield is simply to keep your navigator off it. A clip, included with most navigators, can keep your unit attached to your dashboard, below the level of your windshield. This keeps your range of vision free and also puts your navigator within the area that you are already used to looking at while driving. Just be careful not to cover up your speedometer, gas gauge, or other important indicators!

If you have more law questions, or feel you must have your GPS on the windshield, note that some states restrict it to the size of 5 by 5 inches if it’s on the driver’s side, and 7 by 7 if it’s on the passenger ...

Tags: gps, gps navigation, law articles, law questions, legal

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Car Accident Laws

It has never been so easy for the average person to find nearly any piece of law information he is interested in, at the touch of a button from his own living room. Lawyer blogs, websites that offer lawyer search capabilities, and court information posted online are freely accessible in a way that used to only hold true for those in the legal profession. Even if you’re not a lawyer, you can virtually give yourself a law degree just by spending a few hours each day researching this huge body of information.

Interaction
In an effort to attract the attention of local potential clients and to get their name before the public, many lawyers have begun their own blogs, on which they post their thoughts on law topics and respond to comments and questions by readers. These lawyer blogs are a good way to get some background on a lawyer in your area, but they do have one major restriction: Lawyers never give personal legal advice for free, just as doctors can’t perform procedures for free. If you need counsel about your specific situation, you’ll need to meet with a lawyer privately for consultation.

Going Solo
Some people, of course, get a little too enthusiastic about what they can do with the law information they find online. They pass up the lawyer search option and instead imagine that they can defend themselves in court against that speeding ticket or drunk driving charge. No matter how much time you spend studying procedure and the charges you face, it is extremely unlikely you will be able to put together a successful defense. The more likely result is humiliation and a hefty fine.

Knowledge is Power
Even if you can’t become your own attorney, learning all you can about the law is a great way to spend your time. If you encounter legal trouble and conduct a lawyer search to find the best in your town, you can contribute the law information you’ve gathered online to strengthen your own defense and make your ...

Tags: law information, lawyer blog, lawyer search

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Uncategorized

Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina helped deliver air conditioning units to elderly citizens in the Charleston, South Carolina area on Saturday June 16th 2012 as a part of Heat Relief program. Heat Relief 2012 was held in conjunction with Operation Home and the Lowcountry Senior Network. Operation Home has a mission to help people remain in their homes by increasing safety and accessibility by providing home repairs for low-income residents of Berkeley, Charleston, and Dorchester Counties. Lowcountry Senior Network is the premier networking organization for professionals in the Lowcountry who are committed to providing quality services to seniors, caregivers, and adult children. The Heat Relief program has a goal of Providing window air conditioning units for low-income families or individuals who have no other way to cool their home during the summer.

The Summer of 2012 was one of the hottest months on record in the Charleston area and some of those in the senior citizen community were in great need of a way to stay cool. There were a number of heat advisories and days with excessive heat warnings that can possibly be harmful and deadly if there is no way to stay cool. The elderly community is especially vulnerable to this dangerous heat as there may not be any one to check up on them for large periods of time during the busy vacation season of the summer. Attorney Evan Guthrie helped load up the air condition units from carts at Lowes. in North Charleston, South Carolina into vehicles to be delivered to individual homes throughout Berkeley, Charleston, and Dorchester Counties. Individual members of the Lowcountry Senior Network loaded up their vehicles and were assigned homes for the air condition units to be delivered to. Attorney Evan Guthrie was assigned to deliver AC units to Greater Goodwill AME Church in Mount Pleasant, South Carolina where elderly members of the church were able to sign up to receive the ...

I have a pending criminal case in court that has been languishing for over 19 months now. I am out on bail, it was my first arrest ever in 52 years, and it is just now possibly going into preliminary hearing next month.

Here's my brief situation, followed by my question (it's real tricky..so please follow closely):
1) My Public Defender had some plea discussions in the Judges Chambers with the DA and these discussions were not brought up in any of the open court proceedings.
2) I found out that the President of the Board of Directors (who is also a lawyer) for the Non-Profit Co-Op that I am an original member of
a) - contacted the Property Manager in retaliation to try and get some good cause to evict me(after I rightly spoke up at a board meeting and said he was an illegitimate Board Member due to the fact that he does not live on the Co-Op's site as he is suppose to to hold a directorship per the by-laws) and
b)she contacted their company's lawyer,
c)who then in turn contacted the DA in my criminal case; and related their discussion in an email (that was later published) to the Property Manager that said
d) " the DA told me that any plea deal would include the that "X" (my last name) would have to move out of "the name of the complex", but "X"'s PD said the he thought it unlikely that "X' would go for that kind of deal. The next preliminary hearing is in a couple of weeks and we should know then how the case will be going".
3rd and Final Fact: The Board voted in Jan 2011 to allow me to stay in my unit pending the outcome of my case, AND Directed the Property Management Company and Property Manager "to stay any further eviction proceedings until my case is over, and at that time they can check back with the Board to see if any further action will be necessary"

My Case is still ongoing and not over yet.

If the ...

Tags: defendant right to privacy, discussions btwn da and pd, ethics code of calif bar, judges chambers, public court record

Categories

Personal Injury Laws , Other

[U][B]Introduction[/B][/U]

First of all, this blog series is about natural born rights. The kind of rights the government has and continues to strip away from you. On the day you are born your parents sign a contract with the government stating that you have no rights and that they may set the rules.However any such contract is absolutely null and void. I write this in the hopes to bring a little light to how rights work in a republic government and hopefully to clarify why some laws seem complicated and contradictory

I must also note that liberty and freedom is NOT for everyone. If you are not willing to stand up for your rights and fight the government you will never be free. I know it isn't right but it's the sad state of things, even our very own constitution is full of contradictions, illegal amendments and human right violations. And I'm not just talking about the parts that have been corrected. Everyday the law becomes more and more oppressive and it won't stop until we stand up and say no more. If you don't want to fight, that's fine, but don't expect fair treatment from the government, it is not your friend and it will not help you. When I give advice on IsItLegalTo.com it is usually derived from common law,however it is very easy to be put in to the private, copyrighted old British law of UCC if you're not careful and you don't know what you're doing. These blogs are simply a guide to help you avoid ignorance and put you on a track to gaining the rights you rightfully own.

[U][B]Part I – What's The Constitution And What Does It Give Me?[/B][/U]

First of all, the United States Constitution does not grant you rights, it does not give you anything. The bill of rights is simply a list of rights all persons have at birth. The constitution was merely written to establish a government that protects those rights from tyranny and abuse. If all copies of the Constitution were burned that would not mean you no ...

Can anyone tell me how i can go about patening or what ever, where no one can steal my idea to put on a concert. I need to start talking t people for the entertainment and prices and sponcers and venders, but i wana get it so no one can take my idea and run w/ it befor i get the money for it.

The incredible story of Frank Abegnale has captured the interest of countless people who secretly wish they could enjoy his notorious life of adventure, conning his way through life and staying one step ahead of the law. From the time he was a teenager, Abegnale found himself able to boldly bluff his way into almost any career, including a brief stint as a lawyer in Louisiana. Without any education in law, he passed the bar exam after several tries and got a job in the Attorney General’s office. The story might cause you to wonder: Is that legal?

It stands to reason that the average person, especially with access to legal forum and legal dictionary resources online, might be able to acquire enough information to answer a lot of test questions. You can conduct an online legal search of virtually any topic and find the answer. So, if you could learn enough on your own to pass your state’s bar, would you be allowed to practice law there?

The short answer is no. The key here is that the bar exam is not the primary component to gaining the right to practice law. Whatever help a legal dictionary or a legal forum might give you in understanding legal matters, no legal search can give you the thorough background that a law degree program does. The bar exam is simply a final hurdle, designed to ensure that someone with a degree is capable of using his knowledge “on his feet,” not just on paper.

Frank Abegnale had to forge a degree from Harvard University (some nerve!) to even get access to the bar exam. After he was hired by the Attorney General of Louisiana, a pesky coworker started digging around, suspecting that Abegnale had not really gone to law school. When it became obvious that he would be found out, Abegnale quit his job and moved on to the next con.

So, whatever dreams you might have of staying up late conducting search after legal search, perusing your favorite legal forum, and memorizing the legal dictionary, ...

Tags: frank abegnale, law degree, law forum, legal bar, legal dictionary, legal search

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Other

Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina taught a class on the subject of estate planning and probate at the Johns Island Regional Library in Charleston, SC on Tuesday June 5th 2012. The class was free and open to the public and concentrated on the basics and fundamentals of planning an estate and going through the probate process.

The presentation touched on the topics of what an estate is, the different kinds of assets one can have, what happens when someone dies without a will, the ins and outs of probate court, how a last will and testament operates, what a living trust does, what a durable power of attorney does in the case of incapacity, and how to make healthcare decisions in advance. The Johns Island Regional Library is part of the Charleston County Library System and has a large meeting room that has room for many attendees. Attorney Evan Guthrie taught the class for about an hour in duration and had time for questions afterward. The questions from the audience included how to make a durable power of attorney effective and how the life time gift tax operates in relation the estate tax calculation. This is the third Charleston County regional library location that Mr. Guthrie spoke at in the past year. Attorney Guthrie previously taught classes at Mt Pleasant Regional Library and St. Andrews Regional Library. Attorney Guthrie enjoys being able to teach about estate planning and probate to the public in a relaxed and pressure free setting where all questions and concerns can be addressed. Mr. Guthrie likes being able to give back to the community by using his legal skills to address a topic that is of great importance and can change the entire dynamic of a family for multiple generations. Attorney Guthrie plans on making several more complimentary presentation s on planning an estate and going through probate court in the future at locations throughout the Charleston area and throughout the state of South Carolina. ...

Tags: accident, attorney, charleston sc, divorce, estate planning, family law, law firm, lawyer, living trust, mount pleasant sc, personal injury, probate, summerville sc, wills

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Divorce Laws , Elder Laws , Estate Planning Laws , Family Laws

Regulations have steadily helped improve the safety of U.S. workplaces. However, some industries still have extremely high rates of injury and death. The following are the top five most dangerous industries:
Fishing- According to statistics, 116 of every 100,000 fishermen are killed on the job each year. This is mostly due to unpredictable weather patterns that put crews at risk. Reports of hypothermia are not uncommon, and being “hooked” by fishing lines happens frequently as well.
Logging- Sending workers hundreds of feet in the air, often with sharp tools in their hands, the logging industry is by no means for the faint of heart. Last year 92 of every 100,000 workers died while amongst the trees. The biggest danger, according to workers, is being crushed by a falling tree. While safer equipment has helped reduce fatalities, logging remains one of the deadliest jobs in America.
Flying- The life of a pilot may sound very glamorous but death rates show it can also be very dangerous. 71 in every 100,000 pilots died on the job last year, a result of the perfect storm of man, nature, and machine.
Farming- Getting killed by a cow is no laughing matter. For farmers, livestock and farming equipment can be very real threats, killing 41 of every 100,000 farmers last year.
Mining- Diamonds may be glamorous, but the work it takes to get them certainly isn’t. Last year 39 of every 100,000 miners died as a result of their jobs. Deadly explosions and machinery gone awry make this industry one of the most dangerous around.
As you can imagine companies are working to tighten safety regulations and prevent injuries but as it stands, work related injuries and deaths are extremely common. So before you give up life at the office and take a job swinging a hammer or sailing into the eye of the storm, consider what you may be up against.
Learn more at www..

I just wanted to make a collection of sources and knowledge that will answer most questions followed by how to get justice in less than 5 steps.

First it is absolutely important that every United States citizen know the constitution like the back of their hands. You can [URL="http://www.archives.gov/exhibits/charters/constitution_transcript.html"]read a transcript here[/URL], and you can get the "[URL="http://www.amazon.com/gp/product/B005Y4H2FI/ref=as_li_qf_sp_asin_il_tl?ie=UTF8&camp=1789&creative=9325&creativeASIN=B005Y4H2FI&linkCode=as2&tag=inthmiofet-20"]Citizens Rulebook[/URL]" that not only includes the constitution the the Declaration Of Independence and a guide to being a juror. (I keep one on me at all times.)

However some of the most important rights guaranteed to you as citizen, under ALL circumstances, that pertain to law are as follows.
[LIST][*]Freedom Of Speech[*]Freedom Of The Press[*]Freedom To Assemble Peaceably[*]Right To Redress Government (Request Reparations for Wrong doings)[*]Equal Protection Under The Law[*]Civil Rights Protected from Abuse of the Law[*]Federal Protection of Civil Rights[/LIST]

It is also important for every American to read this 75 page book called "The Law" by Frederic Bastiat which explains very well, in plain black and white how U.S. Law works. You can [URL="http://www.amazon.com/gp/product/1933550147/ref=as_li_qf_sp_asin_il_tl?ie=UTF8&camp=1789&creative=9325&creativeASIN=1933550147&linkCode=as2&tag=inthmiofet-20"]buy it here[/URL], or [URL="http://bastiat.org/en/the_law.html"]read it online here[/URL].

Many posts here on IsItLegalTo involve such trivial matters that can be solved within a few days. Something as simple as a mix up on a form can make people want to start hiring lawyers and preparing for war. That may sound ridiculous but it's true and it happens more ...

I understand that a restaurant owner can not tell the tipped employee how to "share" or "tip out" other staff members. How can a employer set up a tip out structure for a restaurant staff without breaking the law? My employees are at odds over the current structure and divided about a solution?

Relocating. It’s scary, stressful, and confusing. To make matters worse, people often forget to look into law information on their new state. Consider, for example, traffic and DMV law. While the DMV laws of your own state might seem confusing enough, adjusting to a new set of laws, however, can compound the confusion. Make sure you don’t find yourself in a difficult situation. Be prepared. Educate yourself on your new state law beforehand.

Teenage Licenses Law
If you have children, consider license law. In North Dakota, for instance, your child can get a license at 14. In Jersey, however, the legal age is 17. If you child already has a license already, you’ll want to check the reciprocity laws for the state you’re moving into.

Licenses
You’ll also want to check into the laws for your own license. How soon does the DMV except you to change your license? Will you need a new license before you can get titles and registration? Make sure you know these rules before moving. According to state law in some locations, driving too long with another state’s license is an arrestable offense. Don’t end up behind bars for your procrastination.

License plates
Check out whether you’ll need to return your old plates before moving to a new state. Also, make sure you check into any deadlines for registering your car in a new state. Don’t miss any deadlines. Get all the law information you can.The penalties aren’t worth it.

Insurance
Does your current insurance meet the minimums required by state law in your new home? Check out your state’s DMV webpage or call them personally to find out any law information.

Traffic Laws
While some things stay pretty standard from coast to coast (we all drive on the same side of the road), certain traffic laws can change from one state to the next. For example, in Maine, it’s legal to pass a stopped, turning car on the right shoulder. In most ...

Tags: law, law information, legal information, local laws, relocating, state law

Categories

Employment Laws

I live in Iowa and my friend has recently left her husband due to his cheating. she was gonna take the 2 kids with her (the are 2 and 5months old) but he told her she couldnt take them because if she did he was gonna call the police and she would be in big trouble so she didnt but i thought that since they are married and there is no legal custody agreement he could not legally keep the kids from her because they are married and both have custody. So if she took the kids she couldnt get in trouble and there was nothing he could do and also he said he wouldnt allow her to have the kids around the person she is staying with because he doesnt like the person and he would make sure that when they got a divorce it would be in the divorce papers can he do that? any help would be great because she doesnt have the means for a lawyer and doesnt know what to do so i am trying to get as much information as i can for her.

My neighbors' wife found out her husband had a hidden camera in our bathroom and was recording pictures of us on his computer! She is recently married and we aren[t sure what to do because we were friends. Would her husband be charged with a felony for this and have to register as a sex offender? Is it a felony in Minnesota?

The marijuana legalization issue has been in U.S. news for a very long time now. It seems there are weekly reports, law articles, and endless debate by people who are unable to come to a consensus on the law answers to the questions that legal drugs would raise. But in Mexico, it looks like the process might begin moving very quickly—far more quickly than the U.S. is willing to move.

A New Administration
Next year, Pena Nieto will take over as the President of Mexico. He represents the Institutional Revolutionary Party, which actually only lost power in 2000 after governing for 71 years. Nieto’s victory instantly sparked grumbling by Mexican citizens who believe the Party (abbreviated as the PRI) cooperated with drug cartels, rather than fighting them, during its long years in office. With drug cartels more of a problem for Mexico now than at any other time in its history, many people worry about Mexico’s chances of beating the cartels.

Giving Up?
Numerous law articles report that Nieto is suggesting a reopening of the drug legalization question once he enters office. While some hail this as a moderate, open-minded way to approach the drug crisis, others claim that it is simply evidence that under the Nieto administration, the law answers to the cartels, not the other way around. Making drugs legal could just be part of giving up on keeping them out of the country. The president-elect has also made another strange move: Apparently, he wants to dissolve Mexico’s version of the FBI, its main weapon against the drug smugglers.

New Tensions
U.S. lawmakers are strongly opposed to any measures Mexico might enact that would make it easier for drugs to make it to the U.S. border. However, relationships between the two countries are already at an unusual low point, after President Obama’s efforts to reduce the number of undocumented immigrants sent back to Mexico. If Nieto continues to weaken the Mexican government’s ...

Tags: drug laws, drug legalization, drugs, law answers, law articles, legalization, marijuana, mexico

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Consumer Laws , International Laws

Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina volunteered for the Hilton Head Regional Habitat for Humanity Wills Clinic for Habitat For Humanity home owners In Blufton, South Carolina on Saturday June 2nd 2012. The main focus of the wills clinic was to provide estate planning for the homeowners in the Habitat program in the form of a simple will and advance directives which included a healthcare power of attorney and a declaration for a desire of natural death also known as a living will. The Habitat was put on by the Young Lawyers Division of the South Carolina Bar and is part of the Habitat Wills Clinic Program that puts on events for Habitat For Humanity centers throughout the state.

This is the first year that the Habitat Wills Clinic program has been in existence and has been a big success. The Habitat program was recently recognized as the number one program nationally by the Young Lawyers Division of the American Bar Association. Attorney Evan Guthrie has participated in many of the Habitat programs before including events in Columbia, SC and Summerville, SC. Mr. Guthrie and several other attorneys from the Charleston, SC area and Hilton Head area participated in the event by drafting the documents and providing legal advice for the participants. Homeowners in the Habitat for Humanity program attended in great number and were enthusiastic about getting legal assistance. While estate planning, incapacity, and probate are not the most happy subjects to discuss on a Saturday morning, the participants recognized the importance of getting their affairs in order. Homeowners in the Habitat For Humanity program are vulnerable as first time homeowners in the succession of that home if anything were to happen to them, and it is important to make sure that the home and other assets are taken care of and disposed properly. Attorney Guthrie was able to help provide simple wills and advance directives for five separate homeowners ...

Tags: accident, attorney, charleston sc, divorce, estate planning, family law, law firm, lawyer, living trust, mount pleasant sc, personal injury, probate, summerville sc, wills

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Divorce Laws , Elder Laws , Estate Planning Laws , Family Laws , Personal Injury Laws

I was told that in Calif. if a minor gives birth to a child they are automatically emancipated. Does that mean we are no longer responsible for this 15 & 14 year olds actions? Can they choose to not return to school? Guardianship will more than likely go to one of thier parents because of the immaturity how does that affect emancipation?

Across the country a number of states are in the throes of legal battle, seeking to determine whether proposed new laws restricting voting are necessary or whether they infringe on the legal rights of individuals. Before determining whether the laws are legal it would be advisable to mention the main point of contention, namely the requirement of valid photo identification. Currently in Pennsylvania, first-time voters are only required to show a non-photo form of identification such as a bank statement or utility bill in order to register. The current proposed law seeks to require that all voters show a valid photo ID in order to register and vote. So, are these tougher voter laws currently being debated in Pennsylvania legal? There are two main lines of thought regarding the new voting law.

On one side, the Republicans claim that instituting the new laws will protect elections from voter fraud. Additionally they reason, it’s only logical that the state require voters to show proof of their identity in order to vote. Doing so protects the legal rights of other United States citizens. On the other hand, the Democratic Party cries that requiring a valid photo ID will disenfranchise millions of voters who do not possess and cannot obtain the documents necessary to get a state photo ID card. This very battle over the legal rights of U.S voters promises to be a main point of contention in the upcoming November contest between Republican presidential candidate Mitt Romney and President Barack Obama.

In the Pennsylvania court case, three witnesses have been called, all of whom do not have the proper documentation (social security card or birth certificate) in order to vote under the proposed new law. Should these voters be blocked from casting their vote as they have done for so many years? Should they be penalized because they are unable to retrieve documentation that is unavailable to them? Republican supporters of the new law are seeking ...

Tags: i.d., legal, legal rights, new laws, u.s. law, voting, voting law, voting restrictions

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my uncle took a water heater from a house i own were my grand parents lived he moved them out of the house and two days later he returned and removed the water heater he has a receipt for the water heater but he entered the house with out any permission does he have any right to the water heater is it larceny or theft maybe something else

Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina taught an estate planning and probate class at Mount Pleasant Regional Library in Mt. Pleasant, South Carolina on Tuesday May 22nd, 2012. The presentation took place in the meeting room at the Mount Pleasant Regional Library, which is part of the Charleston County Library System The class led by Mr. Guthrie concentrated on the fundamentals of estate planning and probate and explored, what an estate is, what are probate and non probate assets, what happens if you die without an estate plan, how the probate court system works, how a simple will and living trust works, how to prepare for incapacity with a durable power of attorney, and how advance directives can help during incapacity. This is the second time that Attorney Evan Guthrie was able to speak about planning an estate and administering an estate at the Mt. Pleasant library. Mr. Guthrie spoke to the audience for about an hour with time for a question and answer session after the conclusion of the class. Questions from the audience ranged from what assets could be protected from creditors in a basic living trust to whether an out of state will and durable power of attorney was still valid when someone now resides in South Carolina. Attorney Guthrie presented a large amount of information during the presentation and had a handout of terms and rules that would help everybody remember after the talk had concluded. Mr. Guthrie enjoyed being able to give back to the community by teaching a free class about a topic that is so important to everyone, but can be difficult to bring up or think about. Attorney Guthrie tried to make things entertaining and enjoyable while teaching essential points about planning an estate that the general public needs to be aware of. Everyone that attended the class had their questions answered, but Mr. Guthrie also encouraged the attendees to be teachers and share what they had learned with their friends and family. ...

Tags: accident, attorney, charleston sc, divorce, estate planning, family law, law firm, lawyer, living trust, mount pleasant sc, personal injury, probate, summerville sc, wills

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Divorce Laws , Estate Planning Laws , Family Laws , Personal Injury Laws

Hello,

I am looking for a commission-based pay lawyer to do a mission near impossible case.

I have been lured to invest 1 million USD in a scammed investment program by a LLC company in Texas. The company is now being sued by SEC, and is now waiting for Texas Court's verdict.

I would like to know if there is any possibility to sue this company, and retrieve some of the loss amount. I am willing to furnish additional documents pertinent to my case, and give up to 50% commission for the amount retrieved.

Information about the case can be found here:

SEC sues Lakeway woman over bank scam | KXAN.com

Jennifer L. Dodge, Grant M. Carroll, Tamara M. Davis, and The Cornerstone TKD, LLC

I can be contacted at jolankev@yahoo.com

However if there is no chance of retrieving any fund, would somebody kindly inform me, so I will stop hoping.

Thank you.

Jolankev

With the advent of wireless internet, accessing the web and other computers becomes simpler every year. New technology allows many features we didn't even dream about just a few years ago. It also raises new law questions over what is or is not legal. US law is working to keep up with rapidly changing technology, and you may or may not be aware of what is acceptable. Have you ever dropped in to use a friend or business's internet connection? Have you asked yourself, "Is it legal to use this connection?" The answer to your question is two-fold.

If you're in a public location and connecting to a public Wi-Fi hotspot, it's typically legal to use the connection under two conditions. First, you need to have the permission of the service provider. Second, you need to follow the provider's terms of service. Obtaining permission may involve purchasing the provider's other service, such as coffee or housing. The terms of service frequently include restrictions on the amount of bandwidth you may use, the type of material you may view, and the time or location you access the internet. As long as you follow these guidelines, you should be operating within US law for using public Wi-Fi connections. Further law questions on this matter may be answered by examining the policies of the service provider.

The legality of accessing a neighbor's wireless internet is highly questionable, whether or not you obtain your neighbor's permission. You'll need to carefully examine the policies provided by the residential internet service plans and providers, and you'll also want to investigate individual state laws. Without your neighbor's permission, you may be subject to charges of illegal activity if you access an open internet connection. Even after obtaining permission, you'll want to ask the hard law questions. Does your state prohibit access unauthorized by the service provider? At this point there is no US law that covers all the states; each state ...

Tags: internet access, internet law, is it legal to, law questions, legal internet, us law, wi-fi, wi-fi access

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My ex and I share joint legal custody of our daughter. I have physical custody. The original order of divorse and custody was not working and we ended up back in court. we were appointed a GAL to be the medeator. the GAL has met with us both and came up with a new order. however my ex will not sign the new order nor will he comply with the GAL at all. What happens now? He was the one that started the court case and petitioned for the GAL. He even sined an agreement to allow the GAL to make the final order as did I. Do we go back to court or is there something that I can do. He has abided by some of the new order such as paying more child support and we also abided by this new order to schedule this summers visitation.
Thanks, Mississippi Mom of two

Zoloft is an antidepressant drug, so, apparently don't exist any connection between Zoloft and pregnancy. The problem appear when a pregnant woman suffer a depression and must take medicine to treat them. In this moment the doctor must know all the details about the woman and must avoid to prescribe them antidepressants. Zoloft is not the only one who have serious side effect especially for a pregnant woman.
So, the link between Zoloft and pregnancy is that: if a pregnant woman take Zoloft during the first trimester of pregnancy, the child can have birth defects like PPHN (Persistent Pulmonary Hypertension of the Newborn). This is a disease that baby will have all life and the family will need a lot of money to have a normal life.
Unfortunately, exist a lot of birth defects because of this drug so is better to stop taking antidepressant drug and try to treat the depression in natural ways.

Source: www.onlinelawyersource.com/zoloft/

Tags: birth defects, lawsuit, side effects, zoloft drug

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What would you think if you found out that your up-to-date mortgage had been taken over by the county in which you live? You have been making your payments on-time but you are still underwater on your mortgage. So you owe more money on your home than it is currently worth in the depressed US housing market.

What would you think if you were told that because of this your mortgage amount has been greatly reduced and your monthly payments are going to drop substantially. Would your first thought be ‘great!, but is it legal to do this?’.

Government law provides the power of eminent domain that allows property to be seized by the government and, after just compensation, use that land for the public good.

The city of San Bernardino recently had discussions about the use of eminent domain in order to take control of citizens who are underwater on their mortgage and using government laws in an unprecedented way to reduce people’s mortgage bills while letting them stay in their homes.

Some legal experts say it is strictly legal but other have asked “is it legal to use these government laws to help private citizens?” and most say it will almost certainly be challenged in court.

The whole situation is rather muddled at the moment as to the question of is it legal to do this under the government laws of eminent domain since a private company will stand to profit from it in the end.

There have been several informative articles in different newspapers around the country about the subject of the city of San Bernardino’s proposal. Both for and against the idea.

And op-ed in the Wall Street Journal opposed the idea, calling it and ‘arbitrary seizure’ of mortgages that were not in foreclosure or even in danger of default.

Some other informative articles appeared in the NY Times and support the move and state that this could actually stabilize the housing market and ...

Tags: government laws, informative articles, is it legal to, mortgage, us housing market

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Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina spoke at the American Bar Association TIPS Trident Literacy Center Service Project In Charleston, South Carolina on Friday May 18th 2012. The service project was a part of the 2012 ABA TIPS Spring Leadership Meeting that was held in Charleston, SC in May of 2012. The Trident Literacy Center helps teach adults to read, write and reason and serves Charleston, Berkeley, and Dorchester Counties in South Carolina. The goal of the service project was to educate participants at the Trident Literacy Center in aspects of the law that might have an impact on their daily lives. Attorney Evan Guthrie was one of four local attorneys that spoke to those at the Trident Literacy Center about various legal topics ranging from family law, housing law, and bankruptcy.

Attorney Guthrie spoke on the topic of estate planning and stressed the importance of planning an estate even when one thinks they do not need to due to not having a large estate. Mr. Guthrie spoke about the need of having a simple will to determine who would take care of minor children if one was to pass away and what happens to minor children when one does not have a will. Attorney Guthrie also discussed the need to have advance directives in place such as a healthcare power of attorney and a living will to make sure that medical treatment wishes are carried out and difficult decisions are taken out of the hands of family members by putting everything in writing. Mr. Guthrie also went into the need to have a durable power attorney in place in case of incapacity and what would happen if one were to become incapacitated without one in place. Attorney Guthrie spoke for about ten minutes on estate planning and answered questions after all the presentations were finished that included how to find a retirement account that is missing from an estate, to how handle an heirs property situation, to how to make sure someone an elderly person ...

Tags: accident, attorney, charleston sc, divorce, estate planning, family law, law firm, lawyer, living trust, mount pleasant sc, personal injury, probate, summerville sc, wills

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The legality of Obamacare has been decided, or has it? If the U.S. Supreme Court can elect our president, then the U.S. Supreme Court can elect our healthcare as well. Or is that illogical? Since U.S. law is subject to review by the highest court in the land, any U.S. law can be judged constitutional or not constitutional. So, it is logical that the U.S Supreme Court could rule as they did. The legal news here is not new.




If it isn’t logical, then what or who determines the legality of Obamacare? Clearly Obamacare was implemented and enacted by Congress. Just like other government laws, this law should be considered legal because judicial review has said it is legal.




Suppose for just a minute that every us law that was enacted by the Congress, or was declared constitutional by the U.S. Supreme Court was declared illegal by a simple question or even by popular consensus. This would never work in our system. Who then can challenge the legality after the High Court has ruled?




Oh, of course people can challenge the legality of any U.S. law, but when the U.S. Supreme Court declares the law to be appropriate there is no other recourse except to repeal the law. Citizens have questioned the legality of many U.S. Supreme Court decisions, but it is impossible to question the legality of a decision handed down by the High Court.




The High Court has been given the power of judicial review of government laws and it follows that they have been given the power to declare a law unconstitutional. This is the highest court in the land so what alternative is available? The answer is to repeal the law, but not to challenge the legality of Obama care based on the U.S. Supreme Court decision.




Regardless of the legality of Obama care, or the lack of it, is it legal to mandate that people buy car insurance, or a business to buy liability insurance, or a doctor ...

Updated 07-19-2012 at 04:09 PM by Legal Forums (moved image)

Tags: government law, health care, legal news, obamacare, supreme court, u.s. law

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People get into a lot of legal predicaments simply because they do not understand the law. The video entitled “Don’t Talk to Cops” reveals some interesting and factual information about why talking to cops is a bad idea. Innocent people have been known to talk themselves into prison by talking to the police. When the officers say you have the right to remain silent, most people give up that right.



As the former persecutor explains this is the wrong thing to do. No one should ever feel that unless they talk to the cops they would be charged. In fact, it is just the opposite. People who talk to the cops in an attempt to prove their innocence is often misunderstood and caught in an intentional lie.



If a person is already under arrest why would they volunteer to answer any questions without knowing what kind of evidence the cops have already? Individuals should not take the chance on feeding the police any additional information that could prove to be incriminating.



The speaker proves that emotions play a vital part on how people react when they are questioned or faced with hostile communications. People have legal rights that are often times pushed under the rugs or hidden behind laws they do not understand. Even the best law students have law questions and concerns that only a qualified attorney can answer.



In any case, a good attorney will inform their client not to speak to a cop under any circumstances, even if the cop says it can help with the case. It is sad to say but cops are not there to prove innocence that is the courts job. They can in fact, work with the persecution to help bring a conviction.



The lawyer search diligently for information that is contradictory to what the supposedly evidence shows. Nothing is as it seems and there is always an explanation as to why things appear the way they do. In law questions will always arise and legal rights will always need defending. ...

Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina helped with the American Bar Association TIPS Burke Middle School Public Service Project at the Burke High School Auditorium In Charleston, South Carolina on Thursday May 17th 2012. The service project was a part of the 2012 ABA TIPS Spring Leadership Meeting that was held in Charleston, SC in May of 2012. Students that attended the service project were from Burke Middle School and Sanders Clyde Middle School. The ABA service project was held at the Burke High School Auditorium and included middle school students from both schools. The main point of the project was to raise awareness of disaster preparedness and the steps that students could take to protect themselves in the case of a natural disaster by handing out a disaster kit to each student that took part. Speakers included a judge that told of her personal story of how she worked hard to make herself a success, a law student that read her award winning essay on insurance claims in the aftermath of the BP oil spill, an attorney that worked for a big insurance company that demonstrated the effects of disasters, and a law professor that explained how the disaster kits worked and how to best make it through a disaster event.

Attorney Evan Guthrie helped organize and hand out the disaster kits to the students after the presentation was concluded. The kits that were handed out included a folder with checklists to follow to make sure that all needs are prepared for before and after an event and a flash drive to keep important records that would make it through and be portable so all would not be lost.

The importance of preparedness was stressed during the presentation as the state of South Carolina and the Charleston area in particular were vulnerable to just about every major type of natural disaster including hurricanes, flooding, tornados, and earthquakes. Attorney Guthrie went through Hurricane Hugo when he was ...

I started out as a caretaker of this property that I am living on (16 years).The agreement was to watch the property and take care of the animals .App.4-5 years ago the owner died (property is still in his & first wifes name(both dead).His second wife (never changed title into her name) is kicking me out through a friend of hers .She has never called me or written me in reguards to this matter .What steps do I take as per verbal and rent receipt with Socal Security
I am 65 years old .Been here sence I was 50

Tags: too old to move

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Elder Laws , Intellectual Property Laws

Evan Guthrie of the Evan Guthrie Law Firm in Charleston, South Carolina participated in the Ashley Ridge High School Higher Learning Academy and Evening School Awards and Recognition Program at Ashley Ridge High School In Summerville, South Carolina on the evening of Wednesday May 16th 2012. The ceremony was meant to recognize the high school students from Ashley Ridge that took part in the Dorchester 2 Leadership Academy. The Dorchester 2 Leadership Academy is sponsored by the Dorchester County School District Two and comprised of several Saturday sessions of leadership classes led by school officials and local business leaders to help prepare students for college and careers. Attorney Evan Guthrie spoke at the first session of the Higher Learning Academy that took place at Ashley Ridge.

Attorney Guthrie spoke to students for an hour on the topic on getting ready for college and planning a career. The other portion of the awards program was meant to reward students that completed the Evening School classes at Ashley Ridge. Evening School courses allow students to catch up and make up classes in the evening to graduate. Attorney Guthrie was called up on stage during the awards ceremony to be congratulated as a local business leader that contributed to the Higher Learning Academy. Mr. Guthrie handed out certificates of completion, shook hands, and took photos with those Ashley Ridge students that went through the academy. Attorney Guthrie stayed on stage to also hand out awards to those students that completed the Evening School classes. Mr. Guthrie was happy to take time to recognize the students that gave up their own time on Saturdays and evening to improve their leadership skills and learn. Attorney Guthrie looked forward to being a part of future events such as the Higher Learning Academy to help local high school students achieve their goals and dreams.
Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. ...

Tags: estate planning, living trust, personal injury, probate, wills

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Child Custody Laws , Divorce Laws , Elder Laws , Estate Planning Laws , Family Laws , Medical Malpractice Laws , Personal Injury Laws

If my former employer gives a bad reference that ruins my chance for finding another job, can I sue them? And how can I found out for certain if they did?

When a woman it`s pregnant, she must be very careful with her style of life. She must control her diet, her schedule of work, her medication. Antidepressant drugs are very dangerous and doctors must avoid prescribing them to a pregnant woman. As I read, this thing it`s happening and the baby will born with serious birth defects.
I want to encourage them to talk with a birth defect attorney for initiating a lawsuit against the producer and why not against the doctor who prescribe the drug.
Best regards,
David

Tags: antidepressant drug, attorney, birth defects, lawsuit, pregnant woman

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Family Laws

Originally Posted by Inquiring Parent

I have a 20 year old daughter that has runaway, no job, no money but does have a vehicle that is paid for but shares the title with the dad. What should we do? We have tried to contact via phone and text but no response in 4 weeks.

Thank you. If she were involved in an accident with the car that we have a shared title ownership, would we be responsible?