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Divorce After 50 -- the Growing Trend of Gray Divorce

2012-11-30
It can be disconcerting when an older person divorces. Family and friends may have concern for his or her well being -- emotionally, physically and financially. And if the marriage was decades long, there may be surprise at the unexpected split during the supposedly "golden years" of a couple that kept their personal problems private. But new findings show that the chance of divorce for married seniors has and will continue to grow. Two sociologists at Bowling Green State University, Susan L. Brown and I-Fen Lin, have performed significant analysis of recent ...

Pennsylvania Dumps Juvenile Life Sentences After Supreme Court Ruling

2012-11-30
Earlier this year, the Supreme Court of the United States ruled that it is unconstitutional for states to impose mandatory sentences of life without parole for juvenile criminal defendants, even in cases where juveniles are convicted of homicide. The Supreme Court's ruling was based, in large part, on scientific research that demonstrated that teenagers' brains are not as fully developed as adults'. As such, the court thought it would be "cruel and unusual punishment" to impose life sentences for juvenile crimes committed by people who did not have fully-functioning ...

Ohio Lawsuit Reflects Need for Safer Workplaces for Vulnerable Employees

2012-11-30
People with intellectual disabilities have a right to fulfilling, meaningful work in their communities, free from discrimination and safe in their persons. Unfortunately for one Akron, Ohio, Wal-Mart employee, her workplace was both unsafe and illegal, alleges her employment discrimination lawsuit. According to Courthouse News Service, the parent and guardian of a Wal-Mart associate with developmental disabilities has filed a lawsuit with multiple legal claims against the company and three of its other employees, including disability discrimination, gender discrimination, ...

Are Changes Coming to the Way the NYPD Investigates Auto Accidents?

2012-11-30
Recent proposals by city lawmakers (in conjunction with Transportation Alternatives, a well-known pedestrian, bicyclist and public transit advocacy organization) would revamp the way in which the New York Police Department investigates auto accidents. The proposed legislation, the Crash Investigation Reform Act (CIRA), would begin with an assessment of what current NYPD accident investigation policies are, after which a determination would be made regarding what (if any) changes need to be made to better meet the needs of the city's roughly 8,200,000 residents. The ...

Consumer Protection Group to Oversee Operations of Large Debt Collectors

2012-11-30
The Federal Consumer Financial Protection Bureau will oversee the daily operations of the nation's largest debt collection agencies starting in January 2013. It will be the first time that the burgeoning debt collection industry will be regulated by the federal government. The bureau hopes that overseeing the operations of debt collection agencies will protect consumers from harassment and predatory collection tactics. Consumer protection group will target the nation's largest collectors Only debt collection agencies that handle more than $10 million in annual receipts ...

Maryland Workers' Compensation Benefits for Second Injury Denied

2012-11-30
A recent Maryland Court of Special Appeals opinion narrows the scope of recovery for subsequent injuries in workers' compensation cases. In Washington Metropolitan Area Transit Authority v. Williams, the appellate court held that for a worker to recover under Maryland workers' compensation law from a second, subsequent injury, the second injury has to be directly related to the first injury. The Facts of the Case In April 2008, a mechanic for Washington Metropolitan Area Transit Authority, or WMATA, injured his back and left knee while working on the job. The mechanic ...

Dram Shop Case Filed Against Florida Law School in Drunk Driving Wreck

2012-11-30
It's not unheard of for a bar, tavern or nightclub to face lawsuits after an over served patron causes a car accident. But a law school facing dram shop liability? That brings a whole new twist to the standard Florida dram shop case. Was law student knowingly over served alcohol at the "Barrister's Ball"? In early 2012, St. Thomas University in southeast Florida hosted an event known as the "Barrister's Ball." The Barrister's Ball is St. Thomas University's conception of law prom, a common social event held at law schools across the country. While ...

Common Bankruptcy Errors

2012-11-30
Filing for bankruptcy is a complex process with specific rules that must be followed. Failure to follow the rules may cause a bankruptcy petition to be dismissed. When a case is dismissed, the debts are not discharged and the filer is back where he or she started - dealing with creditors, wage garnishment and financial anxiety. Avoiding dismissal of your bankruptcy petition A bankruptcy dismissal occurs if you fail to meet the requirements of the court. Some of the most common mistakes people make include: - Failure to participate in pre-bankruptcy credit counseling: ...

Debt Collectors Illegally Trying to Collect on Fake Debts

2012-11-30
Some credit card companies have recently been accused of sending incorrect bills to consumers. The bills may be larger than what consumers actually owe. In some cases, consumers have actually received bills when they did not owe anything at all. The problem seems widespread, with consumers receiving incorrect bills from American Express, Citigroup and others. Attempts to collect fake debt violate the Fair Debt Collection Practices Act. Experts think this illegal collection process is occurring because banks sell bad loans to collection companies. These collection ...

New York Estate Planning: What is a QTIP Trust?

2012-11-30
The term "QTIP" is shorthand for qualified-terminable-interest-property trust, a legal vehicle used through which property of one spouse can provide lifetime income to the other, usually after the death of the first spouse, with significant tax advantages. QTIPs make sense for married people of substantial wealth who would otherwise be subject to estate taxes. QTIPs are often used in a second or subsequent marriage when a husband or wife wants to provide income for his or her spouse until death, but then would like that property to pass to children from a previous ...

$2.4 Million for Family of Sacramento Bus-Pedestrian Accident Victim

2012-11-30
On a January evening in 2008, 49-year-old secretary Joyce Ann Jacobs was run over and killed by a public bus in Sacramento, California. Almost five years later, in early November 2012, a Sacramento Superior Court jury saw fit to award her child and husband more than $2.4 million in damages for her wrongful death. Jacobs was a church musician, a foster mother and a community volunteer. Her husband, a Sacramento pastor, was awarded $2 million "in noneconomic damages for the loss of his wife's love and consortium," meaning companionship and affection. He also ...

Understanding How to Keep Your Home in Los Angeles After Bankruptcy

2012-11-30
When debts have become unmanageable, filing for bankruptcy protection may be the best option. It is an effective way for people to get back on their feet, because it offers a debt relief over a shorter time period than debt consolidation plans. It is often especially attractive to homeowners because eliminating other debt often frees up the funds necessary to keep the family home. It is important for homeowners to understand how bankruptcy impacts home ownership. Some homeowners may not realize that a lender can foreclose on a home even after the owner has filed for ...

New California Employment Laws Will Go Into Effect Soon

2012-11-30
California workers gained some protections in this year's legislative session. While not as many employment-related bills became law this year as the previous year, about 18 new laws will be taking effect. Social media privacy Perhaps the most publicized new law constrains employers from asking employees for password access to personal social media accounts, under most circumstances. The central issue is privacy. Counting California, only three states have such a law. Some have criticized the legislation, saying that there is really no need for the law, because ...

Distracted Driving in Texas: Teens Call For Stricter Laws

2012-11-30
After a person is injured in a motor vehicle accident, the first task is to secure medical treatment for immediately apparent injuries and diagnose the full extent of other problems such as back injuries and head injuries. Next, an injury victim may benefit from discussing the wreck with a personal injury lawyer to assess the reasons why the car accident happened. One cause of car and truck accidents that has received increasing attention over the past decade is distracted driving. While Texas has lagged somewhat behind other states in passing statewide cell phone and ...

Federal Government Offering Big Rewards to Financial Whistleblowers

2012-11-30
In the wake of the financial crisis, disturbing stories started to emerge about fraud and misconduct at some of the nation's largest financial institutions. For the most part, these abuses were brought to light by brave employees who had the courage to report inappropriate behavior to federal authorities. These so-called whistleblower claims are a very important part of the U.S. justice system. Often, employees are in a much better place to detect misconduct than law enforcement officials or regulators are. Of course, bringing a whistleblower claim has its risks: ...

Enforcement of Child Support in Florida

2012-11-30
Children, although as wonderful as they may be, can often be expensive. Supporting a child on two incomes is difficult enough. However, when parents are divorced or never married, supporting children on one income can sometimes seem almost impossible. To help mitigate these effects, a system called child support was created. Child support is a payment made by the non-custodial parent to help with the daily expenses of raising a child. It is becoming more and more common that these payments are being avoided by the non-custodial parent, and custodial parents need to take ...

Planning for the Future - How to Ensure Your Estate Can Find Crucial Information

2012-11-30
For some people, it can be difficult to take the first steps toward making a plan that would carry out their wishes after they pass away. No one knows exactly how much time he or she has before these documents will become necessary. Putting these directions and wishes on paper can help ensure that these wishes are followed, and that the things that are being handed down go to the proper individual. While dealing with the loss of a loved one is a very challenging time, families will often have other concerns to deal with after the passing. In order to carry out the deceased's ...

Sheriff's Department Receives Grant to Fight DUI

2012-11-30
Arizona has long taken a tough stand against drunk drivers. Police plan aggressive sobriety campaigns within the region, which can catch many motorists off-guard. Once arrested, an individual may not know what to expect. The penalties that may result in the event of a conviction may have life-changing consequences. The holidays have often been a very busy time for law enforcement officers patrolling for drunk drivers. Recently, the Pinal County Sheriff's Office received a grant from the Arizona Governor's Office of Highway Safety to help take drunk drivers off of the ...

Port Worker Dies in Bay Area Crane Accident

2012-11-30
According to California state investigators, a maintenance issue led to a crane accident that crushed and killed a 51-year-old worker in a Bay Area port last month. NBC Bay Area News reported that a spokesman for California's Division of Occupational Safety and Heath (Cal-OSHA), Peter Melton, said that two workers were attempting to fix a maintenance problem regarding the crane's trolley wheels when the crane accident took place. Specifically, the workers were attempting to adjust the trolley wheels so that all four wheels were on the rails when one of the workers was ...

Alaska Clarifies Law Against Texting and Driving

2012-11-30
In Alaska and across the country, distracted driving has been receiving considerable attention. The National Highway Traffic Safety Administration, an arm of the U.S. Department of Transportation, has been trying to address the problem of distracted driving by educating drivers about the dangers of using a cellphone or texting while operating a motor vehicle. The agency's efforts are certainly needed. NHTSA data shows that in 2010, 3,092 people died in car accidents where a distracted driver was involved. About 416,000 more people were injured that year in distracted ...

How Do Custody Arrangements Affect Child Support Obligations?

2012-11-30
The Pennsylvania child support guidelines presume that a non-custodial parent will have custody of the children for 30 percent of the overnights in a calendar year. This 30 percent presumption is built into the child support formula and applies even if the non-custodial parent has the children for less than 30 percent of the overnights. In fact, even a non-custodial parent who has been denied visitation to the children is required to pay child support, as calculated pursuant to the PA child support guidelines. In this respect, child custody and the obligation to pay child ...

Social Security Administration Announces 2013 Cost-of-Living Adjustments

2012-11-30
People who receive for Social Security retirement and disability benefits all have one thing in common: they are generally among those Americans who must get by on a fixed income. Nonetheless, Social Security benefits are subject to annual cost-of-living adjustments (COLAs), and increases for 2013 have been announced by the Social Security Administration (SSA). The SSA revealed in October that the more than 60 million Americans who receive Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI) and retirement benefits will see a 1.7 percent boost ...

Disputes Over Inheritance Can be Avoided with Proper Estate Planning

2012-11-30
Over the course of your lifetime, you've likely accumulated a broad array of possessions. When your time comes, your property will be distributed to your heirs. But will it go where you want it to? "Probate" is the court supervised administration of a person's "estate" (everything you own at the time of your death). If you die in the state of Nevada without a will, you are said to have died "intestate." If you do have a will, a probate court will do its best to respect your wishes, albeit with a degree of discretion and interpretive power. With ...

Grandparents' Rights in Texas

2012-11-30
Of course, grandparents and grandchildren can form extremely tight emotional bonds. Grandparents can be as important as parents for some kids, depending on the family situation. When divorce or separation happens, or other circumstances prevent contact between grandchildren and their grandparents, it can naturally be hard on both the children and grandparents. In these types of situations, many states have laws governing what kinds of rights grandparents have to having their grandchildren live with them or to being able to visit with them. The Texas Practice Guide ...

Lien Stripping Process Available to Debtors Facing Bankruptcy

2012-11-30
Ohio homeowners know that today's housing market has diminished the equity in their most important investment. As a result of the housing crisis, many Ohio homeowners are "under water" on their homes, meaning they owe more on their home than it's worth. Still more people with second mortgages or home equity lines of credit have such severe negative equity that their homes are worth less than the amount owed on their primary mortgages. If a homeowner files for a Chapter 13 bankruptcy, money owed on a junior mortgage can be treated as unsecured debt. In that ...
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