Wednesday, December 29, 2010

Judge Orders Adopted Woman to Be Deported to Mexico

A 58-year-old woman, who was adopted by American parents, has been ordered to be deported to Mexico. The woman, Tara Ammona Cohen, has been in detention in Tacoma, Washington since July 2009. The deportation order from the judge relates to a drug conviction she has on her record.

Cohen was adopted from a Mexican orphanage when she was only 5 months old. She was raised and has lived as an American. She married a US citizen and has American children. Unfortunately, her parents never had her naturalized after her adoption. She began to look at the process of gaining US citizenship. However, by that time, she had already been convicted of a crime. She was arrested in 2008 on charges of drug trafficking and theft. She pleaded guilty to theft and trafficking, and served three months of a one-year-and-a-day sentence. When she was released from prison, she was taken into custody by Immigration and Customs Enforcement officials.

Because her citizenship process was not complete, and she did not have legal residency status, she was marked for deportation after her criminal conviction. Cohen has appealed. The federal Bureau of Immigration Appeals will consider her appeal.

Her immigration lawyers insist that she will be persecuted in Mexico. According to her lawyers, the fact that she does not speak the language, or have a method of earning a living in Mexico, would make life as an immigrant in Mexico simply unbearable. She also claims she would likely be subjected to abuse and violence. Further, she suffers from bipolar disorder, and has also been diagnosed with post-traumatic stress disorder. She believes that her disorders make her a candidate for persecution in Mexico. Besides, she has no friends or relatives in Mexico, having lived in the US all of her life.

Issues relating to deportation are some of the most complex that end up before a California immigration lawyer, and immigration laws can be harsh. Conviction of a crime before naturalization is just one way a potential citizen can face deportation.

Monday, December 20, 2010

Burning of George Jakubec Escondido Home Goes As Planned

It took barely an hour to complete a “controlled burn” of the Escondido rental property that has been linked to an explosives-and-bomb scandal. The house had been rented by George Jakubec, who is currently under arrest on a number of charges. According to San Diego criminal defense attorney Michael Berg, who is representing George Jakubec, there was no need to rush ahead with the burning of the property, considering that Jakubec, his wife and their daughter had lived there for four years without any major explosion.

Before the controlled burn, bomb squad members went back into the house to collect personal documents, including Jakubec’s passport as well as his wife's immigration documents. However, according to Berg, when he requested that the bomb squad members also retrieve some papers that were very relevant to the case, his request was denied. These papers would have provided evidence in the case. Jakubec’s criminal defense lawyer is now preparing to file a motion because of the destroyed evidence.

Jakubec was arrested on November 18th. He was jailed on a $5.1 million bond. He was initially charged by local prosecutors, but state charges were dismissed after a federal grand jury indictment against him. He faces eight charges, including those related to bank robbery, attempted bank holdup, possessing explosive devices, brandishing a firearm during a robbery and illegal manufacture of explosives. He has entered a not guilty plea to each of the charges.

Thursday, December 16, 2010

Slow Initial Response to Parenting Classes for Gang Parents

A new California law that allows judges to send parents of gang members to parenting classes when their children are convicted of gang crimes for the first time, has seen a slow initial response.

The Parent Accountability Act is the first state law that allows judges to require that parents of young gang members undergo special parenting classes to help deal with the teenagers. According to the promoters of the law, the slow response has been mainly due to judges who may be ignorant of the law. Besides, it can be difficult to get parents of gang members, many of whom struggle with two jobs, to make the time to attend these classes. In other cases, it has been a result of parental apathy towards their children.

In fact, the initial response to the program has been so low, that several classes had to be canceled because of the low turnout. However, a class held last month saw six parents attending, and San Diego criminal defense lawyers believe that as parents of young gang members convicted of crimes take part in these programs and are able to gain the parenting skills necessary to prevent such behavior by their children, the program will receive a better response.

During the program, parents receive exposure to drug paraphernalia, and are also alerted to the signs of drug addiction. Parents are exposed to the images of drug addicts before and after the addiction, and signs of drug crimes in their own children. They are also exposed to possible signs of gang involvement, including sudden emergence of tattoos, changes in musical tastes and the use of secret gang hand signals.

The fee for the classes which is about $20, is currently being waived in order to coax more parents to attend. If parents continue to fail to attend, they may be held in contempt by the court.

Sunday, December 5, 2010

Verdict Awaited in Concorde Plane Crash


California plane crash attorneys are expecting a verdict on the devastating Concorde Air France plane crash in France in 2000 soon. Continental Airlines Inc. and five individuals have been charged with manslaughter in the crash that killed 113 people.

The crash, which occurred in July 2000, set into motion a chain of events which finally ended with the termination of Concord services in 2003. On July 21, 2000, the Air France jet was on its way from Charles De Gaulle International Airport in Paris to JFK Airport in New York. Investigators later found that a Continental Airlines plane had lost a titanium part when it took off from Charles de Gaulle airport. Later, when the Concorde made its takeoff on the same runway, this titanium piece, which was still lying on the runway, ruptured the tire of the Concord, causing it to burst. That set off a series of adverse events, and finally led to the rupture of the fuel tank which burst into flames. Soon, a large plume of fire was trailing the Concorde, even as it took off. The pilots were unable to maintain control of the plane, and it crashed into a nearby hotel.

The investigation into the crash has also been dogged by controversy. In France, a plane crash must be followed by a separate civil and criminal investigation. Patient safety experts believe that these dual investigations have caused immense delays in the Concorde investigation. The criminal trial began about 10 years after the crash. According to several plane safety experts, there is no need for two investigations, because investigators often get in each other's way. This often causes conflicts, and it does little for the speed of the investigation. Besides, there's also lots of pressure on witnesses, who may be under threat of prosecution. It's hard to get witnesses to come out and testify when they have even the slightest doubt that they will be prosecuted.

However, the legal system in France does not afford their aviation accident attorneys the means or the resources to conduct their own investigations, unlike California plane crash lawyers, who will almost certainly conduct their own probe into a crash.

Tuesday, November 30, 2010

Gift Giving in 2010 Can Mean Smart Estate Planning

It’s the season of giving, and because the estate tax repeal is still in place in 2010, you can gift your loved ones lower estate taxes. The current tax rules mean that no estate taxes will be applied to people who die in 2010. The estate tax laws that were passed in 2001 are still in place in 2010, but those will expire at the end of this year. No one knows what the new tax rates are going to be next year. While you may not be able to predict what will happen in 2011, you can make cash gifts to your grandchildren and great-grandchildren this year to reduce the size of your estate and taxes.

For instance, you can gift your grandchildren up to $13,000. These can be gifted to a number of people, and the gift is not taxable. However, you can gift only up to $13,000 to one person.

2010 is also the right time to gift real estate. For instance, there is now an exemption of $1 million in place. You can use the exemption to gift property to your grandchildren or other heirs right now, rather than letting it pass on to them after you. The real estate gift will still be eligible for a 35% gift tax. However, consider that the gift tax rate could possibly jump to 55% in 2011. In any case, California estate planning attorneys don't expect your gift tax rate to drop below 35% next year.

Obviously, there's no way to accurately predict what the federal government will do in 2011. It's very important to consider your options, and speak to a California estate planning lawyer before you make decisions about your estate. About one thing there is no doubt - 2010 is a very good year for estate planning purposes, and you must take full advantage of this.

Monday, November 29, 2010

Jury Awards Victims Family $12 Million in Novartis Jawbone Damage Lawsuit


A jury in North Carolina has found that pharmaceutical giant Novartis must pay $12.8 million to the family of a woman, who suffered jawbone damage after taking the medications Zometa and Aredia. The jury found that Novartis failed to warn users about the risks of the Zometa and Aredia bone-strengthening medications.

The woman, Rita Fussman, developed jawbone damage while she was suffering breast-cancer last year. Fussman began taking Zometa in 2001. She had to have a tooth extracted while she was taking the drug, which is when the bone damage began. According to her oncologist, who testified at the trial, he was unaware of any side effects involving jaw damage from the use of Zometa and Aredia.

This is the third jawbone damage-related lawsuit to proceed against Novartis. Last month, Novartis gained a small victory when a similar claim by a New Jersey woman was rejected by a jury in that state. Another verdict, however, went against the company. Also last October, a jury in Montana awarded $3.2 million in damages to a cancer patient, who also developed jawbone damage. Two other cases are expected to go before a jury in South Carolina by the end of 2011.

In all, Novartis faces approximately 700 lawsuits that claim that victims suffered jawbone damage from using Zometa and Aredia. Both these medications contain biphosphonates, and are prescribed for the treatment of pain in bone cancer patients. Doctors also prescribe these medications to strengthen bones during treatment.

In 2005, Novartis began the process of informing doctors, warning them the drugs could cause jawbone damage. However, attorneys have alleged that Novartis was aware of the problems involving jawbone damage since the 1980s, but failed to warn consumers. It's a tactic that California pharmaceutical liability lawyers often find drugmakers indulging in, as they try to protect their bottom line.

Tuesday, November 9, 2010

What Does the New Congress Mean for the Estate Tax?

To put it crudely, 2010 was the most favorable year for people to die. This year, the estate tax issue continues to remain in limbo, after having been allowed to lapse by Congress. Now with a markedly different face to Congress after the midterms, Los Angeles estate planning attorneys will wonder which way this issue will turn going forward.

The estate tax was repealed at the end of 2009, and is scheduled to return in 2011. If Congress fails to change the law and the estate tax returns, it will return to the previously unfavorable rates that were in place in 2001. Among other things, persons who inherit assets will have to calculate the value of the assets at the time of purchase of the assets, and not the value at the time of the decedent’s death. This will make it exorbitantly expensive for heirs to pay estate tax.

Among all the things that Republicans and Democrats are arguing over, none are bigger than tax cuts for the wealthy. The Republicans therefore want to make the 2010 estate tax rules permanent. That would eliminate estate tax. The Obama administration however wants to make the 2009 estate rates and tax exemptions permanent. Doing nothing would result in going back to the 2001 exemption and rates, a consequence unfavorable to many taxpayers. Most estate planning attorneys however expect that Congress will go back to the system that it applied in 2009. Retroactive taxes therefore, are highly likely.

So, what does all this mean for you? It's important to remember that estate taxes tend to apply to larger high-value estates. However, with all this focus on taxes, it’s definitely a sign that you should begin taking estate planning more seriously. Check that all your documents and papers are in order and that you have made it easy for your assets to be transferred to the persons or charities that you intend to leave them too.

Tuesday, November 2, 2010

Plane Crash Traced to Croc on the Loose

A plane crash in Africa last year, which was initially blamed on a shortage of fuel, might have had a completely bizarre cause. According to the sole survivor of the crash, the plane crashed after passengers aboard panicked when a crocodile that had been snuck onto the plane, managed to break free from its bag.

It's a bizarre story, and investigators have no idea what to make of it. According to the survivor of the crash, the reptile had been brought on board inside a sports bag by a person who probably intended to sell it later. The plane was a Let-410, and was on its way from Kinshasa, capital of the Democratic Republic of Congo, to an airport at Bandundu. As the plane was preparing for a descent, the crocodile escaped from the carrier bag. It managed to frighten a flight attendant who scurried off into the cockpit. She was followed by other passengers who spotted the crocodile and panicked. According to the only passenger who survived, crewmembers tried desperately to get everybody to stay in their seats, but failed.

Nineteen passengers running amok on a small plane caused a loss in balance, leading to the plane plummeting down to the ground. Everybody on board was killed, except the sole passenger who survived. The crocodile was killed later by rescuers who were sifting through the wreckage.

California plane crash lawyers and aviation investigators say they don't know whether to believe the crocodile story, but wouldn't rule it out completely either. Meanwhile, a friend of the pilot Chris Wilson, a Briton, has come out to say that his friend had been concerned about the state of the jet that crashed. According to the friend, Wilson had confided in him that the airplane had been blacklisted by the licensing authority. That should provide investigators other leads to probe.

Thursday, October 28, 2010

Teenagers in Pickup Trucks More Likely to Be Involved in Accidents

For decades now, the conventional wisdom has been that teenagers are safer when they're driving larger vehicles, like sports utility vehicles and pickup trucks, than smaller passenger vehicles. A new study out of the University of Texas turns that theory on its head.

The results of the study were published in the Accident Analysis and Prevention journal.

The study, conducted by a professor of transportation engineering at the University of Texas, indicates among other things, that a teenage motorist between age of 16 and 17 driving a pickup truck, is at a much higher risk of injury than someone driving a car. The reasons for this don't seem to be so hard to understand. A pickup truck has a powerful engine, and being at the helm of a vehicle with a powerful engine may increase aggressive driving behaviors among teenage motorists. Besides, pickup trucks may not come with the same kind of advanced safety features that passenger vehicles do.

The researchers also came upon several other facts of interest to Los Angeles pickup truck accident lawyers. For instance, they found that driving with one passenger placed a teen driver at a higher risk of accidents than driving with two or more passengers. That also flies in the face of other theories that have long held that a teen driver’s risk of an accident increases with the number of passengers in his car.

The study also found that teen drivers seem to be the most aggressive during the morning rush hour. Further, even a difference of one year seems to make a huge difference to the driving abilities of teen motorists. 16 and 17-year-olds are more likely to be involved in accidents than 18-year-olds.

More than half of all teen-accident related injuries occurred while the motorists were traveling to school. That is consistent with existing research indicating that teenagers’ natural body rhythms leave them sleepy in the early hours after dawn.

Wednesday, October 20, 2010

Lawsuit Accuses Citigroup of Purging Female Employees to Retain Less Qualified Males

An employment discrimination lawsuit filed against Citigroup alleges that the company, even as it received bailout money from the federal government, continued to engage in pervasive discrimination against female employees by engaging in mass layoffs of female workers.

In November 2008, large numbers of employees were laid off by the company, and the lawsuit alleges that women bore the brunt of the layoffs, while less qualified men were spared. The lawsuit also claims that women at Citigroup are paid less than the men and are often ignored when it comes to promotions, bonuses, and good assignments.

The lawsuit alleges that the company promotes a male-dominated culture where most of the top and middle management positions are occupied by men, with little opportunities for women. The Senior Leadership Committee at Citigroup consists of one woman and 39 men, while the Executive Committee has no women at all, and a total of 19 men.

California employment lawyers will find it interesting that the lawsuit specifically mentions what it calls “recessionary discrimination,” alleging that the company failed shareholders by terminating the jobs of thousands of female employees, while continuing to retain the jobs of less qualified male employees. The lawsuit doesn't provide any numbers related to the overall layoffs at the company in 2008, but claims that it wasn't purely by chance that a large number of female employees were fired compared to males. Further, the lawsuit alleges that Citigroup allowed supervisors and managers to select the employees who would have to be terminated during the layoffs, allowing them to exercise their biases and personal preferences while doing so. Even the women who were not fired during those layoffs of 2008, still allegedly face discrimination in employment in Citigroup, including offensive comments, comparatively lower pay scale and poor assignments.

Tuesday, October 5, 2010

Air Safety Organizations Agree to Share Plane Crash and Safety Data

Four leading international air safety organizations this week agreed to launch a global information exchange that will include sharing of safety and accident data. California plane crash lawyers believe this will help reduce the incidence of international plane crashes.

The agreement was signed in MontrĂ©al, and included the International Air Transport Association, which represents about 250 international airlines, American and European aviation safety regulators, and the International Civil Aviation Organization, the United Nation’s aviation safety wing. The agreement establishes procedures to help identify aviation safety threats. United States Transportation Secretary Ray LaHood also participated in the signing of the agreement.

The information exchange will work by requiring that these safety organizations choose some of the safety data that they collect, and share these as part of the exchange. The main aim is to learn from each other's data, identify potential aviation safety problems, and devise strategies to prevent them. The International Civil Aviation Organization will act as the coordinator for the exchange.

Much of the important data that could really impact aviation safety globally is expected to come from airlines in emerging markets and developing countries, where there has been a steady increase in the number of passengers flying. The exchange also expects expert information and valuable data to come from the major American and European airlines, as well as those countries where the aviation industry is just beginning to take off.

Sharing of airline safety data can increase safety for American passengers, because American regulators can benefit from the application of aviation safety solutions in other countries with a similar aviation environment. An exchange like this will also help international passengers, particularly those in Latin America and Asia where plane crashes have traditionally been higher than in the Western countries.

Monday, September 27, 2010

Black Motorcyclists in Las Vegas Could Be at Higher Risk of Death in an Accident

A new study seems to suggest that African American motorcyclists around the country could be at a higher risk of death in an accident, even when they are helmeted. The study was conducted by researchers at John Hopkins, who compared more than 60,000 motorcycle accidents recorded by the National Trauma Data Bank.

The researchers found that black motorcyclists have a 50% higher chance of being killed in an accident than white motorcyclists. They also found that these results remained the same even though black motorcyclists had higher rates of helmet usage compared to white riders. Even when you account for individual accident factors like the severity of the accident or individual insurance status, black motorcyclists were found to have a higher risk of fatalities.

More surprisingly to Las Vegas motorcycle accident lawyers, these higher fatality rates remained consistent even among blacks who wore helmets. The conclusion of the research seems to be that even when motorcyclists are not wearing helmets, black non-helmeted motorcyclists are more likely to be killed in an accident, compared to white non-helmeted motorcyclists.

The reasons for this disparity in fatality rates could lie in socio-economic and other factors, and not so much in traffic safety issues. For instance, African Americans who live in low-income neighborhoods or meet with accidents in such areas, may not have access to emergency and trauma care facilities. Immediate and emergency trauma care can mean the difference between life and death for a motorcyclist involved in an accident. Besides, a person with inadequate health insurance may not have access to brain injury care, or other life-saving care needed after a serious motorcycle accident.

There may be genetic factors at work too. A motorcyclist who suffers from pre-existing health conditions could be at a higher risk of suffering complications after an accident. This would lower the chances of surviving a serious accident.

Thursday, September 16, 2010

Las Vegas Plane Crash Underscores Residents’ Concerns

Last week, a single-engine private plane went down in a Las Vegas residential neighborhood. There were no fatalities on the ground, although one person on the plane was killed. The accident has once again underscored local residents’ concerns about the wisdom of allowing planes to take off and land so close to residential areas.

The plane was carrying a group of holiday makers when it crashed, killing the pilot. There were three other passengers on the plane, and the survivors are reported to be in critical condition. Local residents say they heard a sputtering sound as the plane passed overhead at low altitude. That was followed by a loud boom a few seconds later, as the plane crashed. The Federal Aviation Administration says that the pilot took off from Henderson Executive Airport, and was unable to gain altitude. He was trying to return back to the airport, when the plane crashed.

A number of local residents rushed to help the survivors of the wreckage. The plane ended up on its roof, and survivors had suffered severe burns. It was a traumatic time for the residents who were left to their own devices to help the passengers still trapped in the plane. They had no way of knowing whether the passengers were alive or dead, and were left to douse the burning plane with water to extinguish the flames. The fact that there were no fatalities or serious injuries on the ground here was very fortunate. The plane went down very close to someone’s yard, and there could easily have been devastating consequences.

According to FAA officials, the pilot of the plane was a hero for being able to steer his plane away from houses in the area. But, it shouldn't have to be like this. Local residents say they have asked the Federal Aviation Administration for years now to enforce stricter rules on where planes can fly. Often, pilots in the area take shortcuts, which might trim two or three minutes from their flight time, but leads to planes flying in a potentially dangerous path, and over residential communities.

Unfortunately for many of the residents who purchased homes near what they believed was a small airport, it has been frightening to see that the airport has grown substantially, and volumes of aviation traffic have increased. California private plane crash lawyers don’t believe there needs to be a major disaster involving ground fatalities, for the federal agency to take this issue more seriously.

Saturday, September 11, 2010

What Can We Do to Make Airplanes Safer?

2010 has been one of the worst years for airplane crashes in recent memories. As of August 2010, there have been 13 passenger airline crashes, compared to just 10 for the whole of 2009. We have reached the point where it's necessary to step back and ask what's going on.

It's not as if there is any one specific pattern that can be seen in the plane crashes that have occurred across the world this year. However, it may be time to begin thinking about what we could possibly do to make aviation safety better. The problem is that almost everything that could be done to make airplanes safer has already been done. We have reached a stage where there is little digital technology we could add to a plane to make it safer. Modern airline cockpits are as high-tech as they come, and control just about every facet of the planes’ operation.

In fact, some California plane crash lawyers believe that this overreliance on technology could actually contribute to crashes. For instance, pilots who get used to too much technology and a plane that simply flies on its own like it’s on cruise control, are more likely to become complacent. The fact that so much of flying these days is done by computers could also chip away at the quality of pilots that we turn out every year. In the years ahead, we will have pilots who have never piloted a plane without all this technology at their finger tips. Technology is meant to supplement a pilot’s flying abilities, and it can be a safety issue when it threatens to completely take over a pilot’s flying. Besides, we also need to focus hard on preparing pilots to deal with all this technology and understand it. Another area of concern where there is room for improvement is the quality, professionalism and integrity of air traffic controllers.

Wednesday, September 8, 2010

Brain Injury Most Frequent Sledding-Related Injury

The brain injury risks from skiing and snowboarding have been well-documented. In fact, there's a campaign underway in California to require helmets for skiers in the same way that bicycle and motorcycle helmets are now mandated. New research suggests that California brain injury lawyers should be just as concerned about sledding-related brain injuries as they are about injuries in other winter sports.

The study came from data between 1997 and 2007 from the Center for Injury Research and Policy of the Research Institute at Nationwide Children's Hospital in Columbus, Ohio. During the ten-year period, the researchers found a total of 229,023 sledding injuries in children below 18 years of age. These injuries were serious enough to require a visit to the hospital. That means approximately 20,000 sledding-related injuries every year.

Brain injuries were the most frequent of all sledding-related injuries. 34% of all sledding-related injuries were head injuries. According to the researchers, children in sledding accidents were more likely to suffer a traumatic brain injury if the accident occurred on the street or highway. It's not uncommon to find children sledding on the streets, and researchers highly discourage such practices because of the high risk of head injuries. The sledding area should be clear of trees and stationary objects. A child, who collides with a stationary object or person, has a higher risk of suffering brain injuries. Besides, a child sledding on the streets is at a risk of being involved in an auto or truck accident. The researchers are not only discouraging parents from allowing their children to sled on highways and roads, but they are also discouraging the use of motorized sleds drawn by ATVs, snowmobiles or trucks.

Unlike with skiers and snowboarders, there is no solid evidence to indicate that wearing helmets can prevent injuries among sledders. The researchers say they need further study before they can define a clear link between wearing helmets and preventing head injuries during sledding.

Wednesday, August 25, 2010

Adult Bicyclists in Los Angeles May Soon Be Required to Wear Helmets

Current bicycle helmet laws in Los Angeles only apply to bicyclists below the age of 18. However, if Mayor Anthony Villaraigosa has his way, there may soon be a rule requiring that all adult bicyclists in Los Angeles wear helmets while riding.

This week, the Mayor hosted a bike safety summit in Los Angeles. Among those who participated were representatives of bicycle safety groups in Los Angeles and scores of bicyclists. The event addressed some of the concerns that Los Angeles bicyclists have about their safety. For instance, the Mayor expressed his support for a proposed California bill that would require motorists to keep a gap of at least 3 feet between their car and a bike. He also said that the Los Angeles City Council will invest in developing more than 1,600 miles of bike lanes in Los Angeles. More bike lanes in the city mean more convenience and safety for bicyclists. The mayor noted that between 1977 and 2010, Los Angeles only built 372 miles of bike lanes. That is an average of 8 to 10 miles a year. The mayor hopes to increase that to an average of 40 miles of bike lanes per year.

He also promised a series of public service announcements to educate the public about bicyclist rights in Los Angeles, and called for a mandatory bicycle helmet law that makes it mandatory for all adult bicyclists over the age of 18 to wear helmets.

The Mayor's recommendation comes from personal experience. Last month, he was the victim of a bicycle accident in Los Angeles that left him with a fractured elbow. Fortunately, there were no head injuries involved because the mayor was wearing a helmet at the time. Bicyclists involved in accidents are at a higher risk of head and brain injuries when they hit the ground

Unfortunately, to Los Angeles bicycle accident lawyers, it seems like the mayor has been overly cautious in the kind of rules he has proposed. Mandating bicycle helmets for all adult bicyclists is a good idea, but there must be more focus on getting motorists to respect bicyclists’ rights too. Education has its place and purpose, but legislation can accomplish more.

Wednesday, July 28, 2010

Racial Discrimination Lawsuit Filed against Southern California Edison

It’s the third racial discrimination lawsuit filed by African-American employees of Southern California Edison. This week, a group of 11 current and former employees of the utility company filed a lawsuit, alleging there was a continuing policy of racial discrimination that kept black persons at low pay levels, and hindered their prospects for promotions.

The suit was filed this week in the Los Angeles Superior Court. The lawsuit alleges that Southern California Edison had a work environment that was racially hostile. Few African Americans at the company are in senior management positions. At least one of the plaintiffs in the lawsuit, alleges that she has worked for the company for over 35 years training employees who would then move on to promotions ahead of her. White persons with less experience and seniority were preferred over black persons. The lawsuit also alleges that African-Americans are not paid equally as their white counterparts, and that they receive unfair work assignments.

It's the third such lawsuit filed against Southern California Edison. Two other lawsuits were filed in 1974 and 1994. Those lawsuits also alleged racial discrimination. In fact, many of the persons named in the new lawsuit filed this week, were also named in the 1994 lawsuit. In that lawsuit, Southern California Edison was asked to comply with a consent decree, in which the company would pay $11.3 million into a settlement fund, and would then start employee training programs.

Under the consent decree, the company was ordered to enhance opportunities for African-Americans at Southern California Edison. However, Los Angeles employment law lawyers have learned from a Southern California Public Radio report that the African American population of the company has actually declined by as much as 40% since the 1994 lawsuit. The new racial discrimination class action lawsuit claims damages and an injunction that would force Southern California Edison to comply with the consent decree.

Tuesday, July 20, 2010

Copyright Infringement Lawsuit against Harry Potter Publisher

The trustee of the estate of a British author has filed a copyright infringement lawsuit against Scholastic Inc., the publishing company behind the Harry Potter series. This is not the first time California business and commercial litigation lawyers have learned of lawsuits by the trustee against entities involved in the Harry Potter success. Similar lawsuits were filed against the British publishers of the Harry Potter series, as well as JK Rowling, the author of the series in 2009 and 2010. Those cases are still pending.

According to the trustee for the estate of the late Adrian Jacobs, JK Rowling copied the theme for the book, Harry Potter and the Goblet of Fire, from a book written by Adrian Jacobs, called The Adventures of Willy the Wizard-No. 1 Livid Land. The Willy the Wizard book was published in 1987, and the Harry Potter book that the plaintiff alleges was copied from it, was published in the year 2000.

The lawsuit is based on certain similarities between the two books. The main theme of both books includes a year-long struggle as part of a contest to become a wizard which in the Harry Potter book, Potter ultimately wins. There are other similarities in the books, the lawsuit alleges. Both the protagonists, Willie and Harry, are required to understand their task that is central to winning the contest, and in both books, the protagonists uncover the task in the bathroom. In both books, according to the lawsuit, the tasks involve rescuing imprisoned communities of half human-half animal creatures. The Willie the Wizard book has not been published in the United States. Scholastic Inc. is denying that there is any merit to the case.

The copyright infringement lawsuit seeks that Scholastic Inc. stop selling all copies of Harry Potter and the Goblet of Fire. It also asks that all existing copies of the book be destroyed, and that the company pay the estate of Adrian Jacobs all profits that it has received from the sale of the book.

Thursday, July 1, 2010

Study Finds Reclining Car Seats Increase Risk of Injuries

Most passengers on a long distance trip are guilty of this - reclining their seats partially or fully in order to enjoy a short nap. But a new study shows that these passengers may have a dramatically higher risk of injuries during an accident. In fact, regular safety features like seatbelts and airbags may not be as effective in preventing injuries in these passengers.

Researchers have found that passengers who are in reclining seats during an accident not only had a higher risk of injuries, but they also had a similar pattern of injuries. These passengers most often suffered from head injuries when their heads snapped forward from impact. They also suffered from spinal cord injuries and spinal fractures. Leg injuries occurred when the legs moved in with great force into the dashboard.

Researchers considered the pattern of these injuries around the country, and found that these were similar nationwide. Overall, passengers in partially reclining seats had their risk of death in an accident increase by 15%. Those in a fully reclined seat had their risk of death increase by almost 70%. The researchers are unanimous - passengers in the reclining seats have minimal protection from seatbelts and airbags.

The Insurance Institute of Highway Safety confirms these findings. According to the Institute, it conducts most of its safety tests only on passengers and drivers who are seated upright. No safety tests are conducted on passengers who are in an inclined position. That means there is no way of knowing whether the seatbelts and airbags have any efficacy at all when it comes to protecting passengers in a reclining position.

Las Vegas personal injury lawyers find it disconcerting how so many passengers seem to be unaware of this danger. Most of us don't think twice before reclining the seat for a nap. It's important to understand that if there is an accident, your chances of suffering serious injury or death are as low as someone who's not buckled in.

Monday, June 21, 2010

New Breathalyzer Rule Goes into Effect in Los Angeles Next Month

In just a week from now, drivers in Los Angeles who been convicted of drunk driving will have to get a breathalyzer device installed in their car, to prevent them from driving drunk again. It's a law that Los Angeles personal injury lawyers have supported, although the beverage industry and the DUI attorney lobby has not been too impressed.

Los Angeles County is among four counties, including Sacramento, Alameda and Tulare, where the new law will soon go into effect. Implementation of the law begins on July 1st. All convicted drunk driving offenders are required to have breathalyzer devices installed on the dashboard. The device will detect the amount of alcohol the person has imbibed, and prevent the car from starting. It essentially shuts the engine down, and prevents the driver from driving off in an intoxicated state.

The bill has been controversial since it was signed last year by Gov. Arnold Schwarzenegger. All first-time drunk driving offenders under the law will be required to have the device installed. The cost of installing the device will be borne by the offender. The pilot program is one of several measures that the state of California has taken to prevent the kind of injuries and deaths that result from alcohol-related car accidents. The program will stay in effect until 2015, after which there'll be a review of the program. If the review finds that the program has been successful in further reducing drunk driving rates, then it will be expanded throughout the state of California.

In 2008, more than 1,000 people were killed in the state of California in alcohol-related car accidents. That number was a substantial improvement from years past, and it has not been through popular laws that we have been able to make such dramatic achievements in motorist safety.

Los Angeles drunk driving accident attorneys will not have any illusions that this law will be welcomed by sections of the population and vested interests. Much of the criticism leveled against it “unfairly” targets first-time offenders. However, there is enough evidence to show that first time offenders who get off lightly are more likely to drive drunk again. This law targets precisely such drivers. 1,000 lives every year is not an insignificant number, and this law will help reduce those numbers further.
 
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