A slip and fall accident can happen at any time, no matter where and what you are doing. The results can be quite serious too, often with severe injuries such as broken bones or concussions. Not to mention the significant expenses that come from those injuries and time you will be missing from work because of the injury(ies). Let’s say you just parked your car in the office parking lot and began walking towards your office. Keep in mind that the parking lot is not owned by your place of work, but instead a shared parking lot for the multiple businesses in the office building. As your walking towards the entrance on this frigid day, you slip on a patch of black ice and break your collarbone in the process after landing on your shoulder. Now, you are injured and on the way to the hospital. Thoughts are running through your mind, such as: How did this happen? Where was a sign warning people about slippery conditions? Am I going to sue someone? Who? These are all valid…
Did You Slip and Fall at a Public Parking Lot for Work. What to Do?
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The Racketeer Influenced and Corrupt Organizations Act (RICO)
LuLaRoe, the popular multilevel marketer of colorful women’s clothing, has recently come under attack for the quality of its products and its business practices, and is consequently now facing a federal lawsuit in California, reports CBS News. The lawsuit alleges that the company violated the Racketeer Influenced and Corrupt Organization Act (RICO), among various other laws, and duped people into becoming “LuLaRoe consultants” (i.e. nonemployee distributors) with the false promise that they could earn full-time pay for only part-time work. But what exactly is the RICO Act? RICO cases such as this one involving LuLaRoe pop up in the news from time to time but rarely do news outlets go into much detail about the RICO Act itself. Therefore, for your convenience, a brief overview of the RICO act is provided below. The History of the RICO Act The Racketeer Influenced and Corrupt Organization Act, commonly referred to as the RICO Act or simply RICO, is…
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California’s Drive Sober or Get Pulled Over Campaign
As is the case every year around the holiday season, law enforcement is ramping up efforts to catch impaired drivers. California law enforcement agencies, including the Los Angeles Sheriff’s Department as well as the California Highway Patrol, are partnering with the California Office of Traffic Safety and the National Highway Traffic Safety Administration in the anti-DUI campaign "Drive Sober or Get Pulled Over." From December 15th through January 1st, local law enforcement agencies will deploy an increased number of DUI checkpoints and saturation patrols throughout California in high risk locations. “This holiday season, drivers will notice increased enforcement watching closely for anyone who is driving impaired,” said Los Angeles Sheriff Department Sergeant Robert Hill. “It is vital that we keep our roads and travelers safe, not just at the holidays, but every day. With extra travelers on the roads, and people attending holiday parties, we…
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Remarkable story of jury sentencing, jury actions and a victim's response from Virginia
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"UN expert urges US accountability for torture"
Jurist has this report: Melzer urged US authorities to take action on the findings in the 2014 Senate Intelligence Committee Report [JURIST report], which found that the Central Intelligence Agency (CIA) [official website] deliberately misled Congress and the White House...
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Winter Driving/Lane Blockage
The Idaho State Police are working numerous crashes around the area. Currently, I90 at milepost 24, Fourth of July Pass, is down to one lane of travel. The chain up law is in effect for commercial vehicles. Please slow down and allow extra time for travel. MKS
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"State-of-the-Art Federal Marijuana Tax Bills"
The title of this post is the title of this new short paper authored by Pat Oglesby now available via SSRN. Here is the abstract: Recent federal marijuana tax bills address these questions: 1. What should we tax? What should be the “base” or bases of a cannabis tax? (Possible...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/PouhIfm_I04" height="1" width="1" alt=""/>
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Road Blockage
Westbound I90 at milepost 30 is currently completely blocked due to crashes. MKS
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Scam/Spam Legal Awards: Lawyers and Clients Be Aware
This post is directed to both lawyers and clients who wonder whether the “Awards” boasted by their favourite law firm or lawyer are legitimate or whether they are “scam”, ego, or pay-to-play awards. One good example is found in the email I received today: “FINANCE MONTHLY is pleased to inform you that you have made the shortlist for the 2018 Law Awards. You have been shortlisted in the category of: Family Lawyer of the Year Canada Winners will be notified the week commencing 8th January 2018′ Last week I was told that “CorporateLiveWire” was considering me for a leading arbitrator award in Canada….yeah, right! My first reaction was that these were not legitimate lawyer ranking services and a quick online search confirmed I was correct. But how is a client to know whether the awards touted by lawyers are fake or real. Often a look at the criteria for selection tells a lot. For example,…
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JUVENILES 15 AND UNDER MUST BE ALLOWED TO CONSULT WITH AN ATTORNEY BEFORE BEING INTERROGATED BY THE POLICE
Under new legislation, youth 15 years of age and under must be provided a consultation with a lawyer before being interrogated and waiving their Miranda rights. As we all know, the Miranda case held that if someone is in custody and being interrogated by the police they must be told that they have a right to an attorney before questioning and that they have a right to remain silent. Starting in 2018 under Senate Bill 395, youthful suspects who are 15 years old and under must be given an attorney prior to custodial interrogation by law enforcement. The only exception to this new rule is for public safety. If the Public Safety exception applies, the interrogation can go forward without an attorney consultation. This exception is very limited. The police officer must reasonably believe that the information given by the minor is necessary to protect life or property from an imminent threat of harm. Plus, the questions can only be about the…
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Man Accused of Human Trafficking and Selling Underage Girl for Sex
After a year-long investigation police have arrested a man for allegedly selling sexual acts from a teenage girl who was smuggled into the United States from a country that has not yet been determined. A young girl was brought to America when her sister made arrangements with a coyote who agreed to smuggle her into the country illegally. Though immigration detained the girl for 50 days she was eventually released into the custody of her sister. Her sister was then reported to have pressured the teenager into having sex with her fiancé to assist with her living expenses. The woman’s fiancé, 47-year-old Juan Perada, a legal citizen of El Salvador residing in Deltona, Florida, has been accused of taking the young girl to his home and having sex with her. He also was said to have paid her between $200 and $600 for having sexual relations with himself and various other men. Continue reading →
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CESAR NAKAZAKI y la moral
http://larepublica.pe/politica/1158276-nakazaki-sobre-ppk-la-incapacidad-moral-no-se-presume-ni-se-proclama-tiene-que-probarse Nakazaki sobre PPK: “La incapacidad moral no se presume ni se proclama, tiene que probarse” El abogado penalista César Nakazaki explicó lo que tiene que pasar para que se dé la vacancia de PPK. QUE PIENSO Tratándose del ciudadano que personifica la Nación pretender "probar" la "incapacidad moral", con testigos, confrontaciones, contrastación de pruebas es un despropósito ¿Por qué?, primero porqué NO está en juego la idoneidad del Mandatario elegido constitucionalmente sino es el País, representado por su Presidente, quien políticamente está enfrentando cuestionamientos de ser una Nación poco confiable y si quien la representa por silencio, miedo o por cualquier otra razón ocultó…
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Trash Talking Twitter
In a comment to my last post on what to do about Judge Alex Kozinski, with particular emphasis on calls from academia for his immediate impeachment and removal from the bench, Judge Richard Kopf provided an overview of previous judicial impeachments. Judge Kopf concluded that, bad as the allegations then-known about Judge Kozinski may be, they did not rise to the level of misconduct reflected in the other judges who had been removed following impeachment. Mind you, there are also judges who prevailed after impeachment, including Wild Bill Douglas who was impeached twice. Unsurprisingly, this caught the attention of UC/Irvine lawprof Rick Hasen, who has been something of a stalker of Judge Kopf’s over the years. A relatively benign twit, including nothing more than a quote from Judge Kopf’s comment. Nothing from Hasen to question the conclusion, but that’s allowed. But Hasen wasn’t done. What does this have to do with anything? Hasen was just…
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The Joys of Vinegar Spreading
Almost everyone is familiar with the aphorism, “you catch more flies with honey than with vinegar.” I suspect vinegar manufacturers mutter to themselves at night, “what kind of idiot wants to spend his life catching flies,” but that’s besides the point. Everyone on the interwebz loves validation, so they will flock to those who either say nice things about them or, at minimum, confirm their bias. And the people who do so, pander to their team, enjoy the love and support of others. It’s all nice, and reflected in their twitter followers, their likes, their supportive engagement. So what’s my problem? Not too many people, especially lawyers, want to be that mean, negative person who does what social media hates most of all. Call bullshit. Somebody spews nonsense, but if it’s favorable to your cause, against the person your team is against, for the person your team is for, who cares? Isn’t it all about winning? Isn’t the…
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Short Take: Senior House Lost
It’s hard, if not impossible, to explain the levels of quirkiness of living groups at MIT, but Wired does a surprisingly good job of it. This was Senior House, the oldest dormitory on campus, built in 1916 by the architect William Welles Bosworth. For 101 years it welcomed freshman and returning students. Since the ’60s it was a proudly anarchic community of creative misfits and self-described outcasts—the special kind of brilliant oddballs who couldn’t or didn’t want to fit in with the mainstream eggheads at MIT. Some did drugs and dropped out. Some did drugs and graduated. Others were proudly “straight edge,” eschewing drugs and regarding their bodies and minds as pristine temples. Many went on to create startups, join huge tech firms, and change the technological world as we know it. Senior House was the gravitational center of alternative culture at MIT, characterized by extremes. For example, since 1963 its courtyard was the site…
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Uncontested Divorces in North Carolina
An uncontested divorce case is simply a divorce case where both spouses agree to the divorce and other related issues without alleging that the other party is at fault. In North Carolina, a no-fault divorce can be filed for after the parties have lived apart for one year and at least one party has been a North Carolina resident for at least six months. § 50-6. The Benefits of an Uncontested Divorce An uncontested divorce can significantly reduce the stress involved in the divorce process. You will still need to follow the regular procedures for getting a divorce judgment from the court, but you will not need to worry about some particularly difficult divorce issues, such as: Proving that your spouse committed infidelity or another type of marital misconduct Showing that your spouse abandoned you Arguing about the proper amount of alimony that should be awarded Negotiating or litigating a property distribution of all marital property In some cases, you and your spouse may…
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TX2: No exigency shown for warrantless blood draw in DUI case
The state failed to prove exigent circumstances for a warrantless blood draw from the defendant. There were other officers around and a warrant could have been sought. State v. Sanders, 2017 Tex. App. LEXIS 11674 (Tex. App. – Ft. Worth … Continue reading →
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D.N.M.: A habeas claim the state court was wrong on the 4A issue isn’t grounds for relief
Petitioner’s argument “the state courts failed to apply a colorable application of the correct Fourth Amendment constitutional standards,” a “bold claim,” doesn’t overcome the Stone v. Powell bar. He did in fact litigate the Fourth Amendment claim in the state … Continue reading →
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N.D.Ga.: Facebook SW was valid when issued, but later case law said it would have been overbroad; valid by GFE
The Facebook warrant here was overbroad, but it was consistent with case law at the time. Later case law said that it would have been overbroad. Nevertheless, reliance on case law at the time the search warrant was issued is … Continue reading →
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MA: PC was shown for searching def’s cell phone for messages to and from murder victim; SW’s overbreadth was cured by searchers’ limiting scope of search
Probable cause was shown to search defendant’s cell phone for text messages and calls from the murder victim. The victim’s phone wasn’t found, and it was logical there could be information on the phone and the victim’s was taken to … Continue reading →
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