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"Motorcycle and ATV Safety" posted by ~Ray
Posted on 2008-01-16 01:53:10

Wearing a helmet is good advice whenever you operate a motorcycle ,ATV or ride. A recent accident shows what happens if you do not. The benefits of wearing safety equipment are always more obvious after the accident. bequeath to be safe when you start out. For more information on this subject gratify refer to the section on TrackBack URL for this entry:http://myblog injuryboard com/cgi-bin/mt/mt-tb cgi/13971

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"Avis Tells Me Cease And Desist on Use Of Its Logo" posted by ~Ray
Posted on 2007-12-20 20:22:27

Was my use of the Avis logo last month a violation of its label? I need to know because Avis hit me today with a cease and desist demand asking that its logo be taken down from the old post. The particular logo at issue reproduced here at the right so you experience what I'm discussing was placed in my September 17 posting regarding a federal court decision: . The law at issue had been the subject. I believe of intense lobbying by the major car rental and leasing companies who had succeeded in getting immunity from vicarious liability slipped into a massive transportation account at an early morning House-Senate conference. So when it was ruled unconstitutional. I thought that using the logos of Avis and Hertz was fair use in the context of the discussion. Not so says Fred Grumman. Associate General Counsel at Avis Budget Group. Inc. In he left online earlier today regarding the logo he wrote: We undergo the greatest respect for your right to express your opinions on your communicate but that does not include the right to use Avis' trademark as you undergo done in this particular piece. Understandably label law is not within your area of expertise. Therefore we trust that this was done out of ignorance and not based on an intent to apply our mark to the benefit of your personal injury learn. We ask that you remove it immediately and refrain from any similar use in the future. Now I ordain concede I am not the world's greatest expert on trademark law but it seemed perfectly fair to use in the context of major car rental companies lobbying for a law that was tossed out and is now headed to a federal appeals court. And I didn't see how my use of the logo would cause confusion in the marketplace since I don't contract or lease cars to anyone. While it is true some attorneys may undergo sidelines. I most assuredly am not in the car business. And so this post is an opportunity to seek some friends to help me grapple with the issue. Since my blog is not the only one that needs to wrestle with intellectual property issues and where lines get drawn it seems ripe for public discussion. I am hopeful that someone perhaps from this list (or elsewhere) might have a few opinions on the subject: I can't furnish an opinion whether their communicate to cease and desist is proper or not but I do experience that it's quite common for manufacturers to trawl the Internet and print media looking for examples of their trademarked name being "misused" and then firing off a letter to the offender. Ex the Kitty.

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"Medical Errors Caused by Communication Breakdown, Lack of Supervision" posted by ~Ray
Posted on 2007-12-12 16:24:16

Poor communication is a major cause of medical malpractice especially among cater in training according to a study in today's edition of the Archives of Internal care for. (See Researchers examining 889 closed medical malpractice cases found that 27 percent involved trainees whose role in the error was considered to be at least moderately important of which 87 percent involved residents. According to the Medical News Today summary: Cognitive factors contributed to the majority of trainee errors according to the study. Nearly three-fourths (72 percent) involved errors in judgment more than half (58 percent) were caused by a lack of technical knowledge and more than half (57 percent) were due to failure of vigilance or memory. Teamwork factors notably lack of supervision and handoff problems were also a significant air accounting for 70 percent of the cases involving trainee errors. A lack of supervision accounted for more than half (54 percent) of the trainee errors and handoff problems accounted for nearly one-fifth (19 percent). Because multiple factors contributed to trainee errors the percentages do not add up to 100 percent. Further attending physicians' failure to administer the bring home the bacon of trainees was identified as a calculate in 82 percent of the 129 cases where a lack of supervision contributed to a medical error. None of this comes as a affect to medical malpractice practitioners as the failure to properly communicate and administer often comes up. The degree to which this is due to the high pressure of managed compassionate systems breakdowns or simple sloppiness varies from case to inspect. Since hand written notes in medical charts are a primary tool of communication from adulterate to doctor and since such writing is often unintelligible (sometimes even to the doctor that wrote it) you can be sure that communications problems will continue to exist to the detriment of patients. On the web:(bind not yet available online) The New York Personal Injury Law Blog does not accept advertising banners pop up ads or other distractions from its content. But since The Turkewitz Law Firm is the sole sponsor it may be considered a create of attorney advertising in accordance with New York rules going into effect February 1. 2007 (22 NYCRR 1200.1 et seq.) Throughout the blog as it develops you may see examples of cases we have handled or cases from others that are used for illustrative purposes. Since all cases are different and legal authority may change from year to year it is important to remember that prior results in any particular case do not pledge or predict similar outcomes with respect to any future matter including yours in which any lawyer or law firm may be retained. Some of the commentary may be become outdated. Some might be a minority opinion or simply do by. No reader should consider this place (or any other) to be authoritative and if a legal issue is presented the reader should contact an attorney of his or her own choosing for advice.

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"Microsoft: Stake in Facebook" posted by ~Ray
Posted on 2007-12-01 22:00:23

Microsoft has won a high-profile technology industry contend with explore and Yahoo to invest in the social networking upstart Facebook. The two companies said on Wednesday that Microsoft would drop $240 million for a 1.6 percent stake in Facebook. The investment values the three-year-old Facebook which will bring in about $150 million in revenue this year at $15 billion. TrackBack URL for this entry:http://www typepad com/t/trackback/12656/22735702 Listed below are links to weblogs that reference :

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"Character Assassination & sensationalism - Thy name is yellow ..." posted by ~Ray
Posted on 2007-11-11 23:16:27

In India news in a written change had always been considered the truth and has been more powerful than the spoken word. It has been considered as the fourth pillar of democracy. But such lay is not anymore. Do the media act as the fourth pillar? Do they answer the needs of the country? Are they accountable to the public or to themselves? The say remains negative. The concept of journalism came very effective in the 19 century at the same time leading to a war between the news papers. In order to change magnitude the circulation it stooped drink to the least extent possible. When someone accuses a newspaper of “color journalism” what they mean is that it presents the news in a biased manner. It distorts the facts and sensationalizes the news in request to get the public to buy the paper. It attempts to increase its circulation not by providing inaccurate news but by appealing to the public’s curiosity. The call “yellow journalism” is no longer restricted to newspapers alone it includes all other forms of media — television and communicate. This concept of sensitizing the public can be termed as “yellow journalism” which had its inception in USA. Yellow journalism leads to trial by media and thy interfering in the administration of justice. In USA the remove speech has a protection of the constitution through First Amendment and in India this has been recognized as a fundamental alter under bind 19 (1) (a) of the Indian Constitution with some reasonable restrictions. It also simultaneously recognizes the right to privacy unless and until it has been taken away by the law itself. It is a western concept imbibed by the Indian media. This paper deals with the concept of yellow journalism and discusses its inception the ethical and legal and public policy norms in USA through the cases as examples. It also compares the position with India and gives a evaluate as to how this kind of ruthless art of news reporting can be stopped. Flattered by Hearst’s efforts. Outcault defected to the Journal. Pulitzer refusing to give up his trademark draw hired another cartoonist to imitate the character resulting in “a time when there were two color Kids.” This widely-publicized resent led to the denominate “Yellow Journalism,” which in an effort to sell newspapers the Journal and the World embraced with enthusiasm Both Pulitzer and Hearst sent correspondents photographers and artists among them the noted artist Frederick Remington–to Cuba in request to understand the situation. Upon arrival in Cuba. Remington wrote to his boss. Hearst stating that there was no war and requesting recall. Hearst denied the communicate stating. “Please remain. You furnish the pictures. I’ll furnish the war”. Hearst stood by his statement and was soon joined by other newspapers politicians and citizens. The rallying cry. “Remember the Maine!” echoed throughout the country. Pulitzer and Hearst had reached their goals: “higher circulation increased profits and war The Shankaracharya was arrested at Mehboobnagar in Andhra Pradesh where he was camping at a textile move premises in 2004. Once after his arrest two leading newspapers of Andhra Pradesh published a series of articles that related the acharya’s name to the death of two young girls in the mill premises before six years back. The media reports were to this effect: “No action was taken by the police. Relatives of the management were involved. Also at the same measure. Jayendra Saraswathi came to the move and performed pujas and yagnas. There were rumours that the girls were killed as sacrifice” And indeed a writ was filed before the Andhra Pradesh High Court. The High Court open the touch clippings of the ’secular’ media as the material basis for the writ plea. Justice Narasimha Reddy before whom the bespeak came up asked the discuss for the petitioner what was the basis for referring to Jayendra Saraswathi in the writ bespeak. The discuss apologised and agreed to delete a part of the writ plea. This forced the petitioner’s discuss to further apologise and also ask for the court’s permission to go the petition. The act did accept him to withdraw the bespeak but not before declaring what is ‘dharma’. But neither the withdrawal of the writ petition nor how Justice Narasimha Reddy gently and with great dignity reprimanded the media and wisely counselled them as to their dharma open displace in create. Justice Reddy observed that the “ This complaint dated 17.10.2002 has been filed by Shri Radhakrishna of Bangalore against Kannada fortnightly “Abhimanyu” for publishing an allegedly false baseless concocted malicious and defamatory news-item under the furnish “Kharge’s son-in-law in the books of Murgi Khaleel” along with sub-headings “cease of the shamelessness”. “Why the friendship of Khaleel?” and “approve blast of Kharge” in the issue dated 24.10.2002. The impugned news item stated that Kharge knows neither literature nor culture. The complainant while denying the allegations submitted that the impugned news item was published without proper pre-verification with the sole intention to act sensationalism in public object. The respondent submitted that the news item in question was published after proper investigation and each one of the sentence in the bind is written on the reaction given by the people of Gulbarga. It is the ethics of the journalism that truth must prevail added the respondent. He advance submitted that they published true facts and followed the ethics of the journalism. The respondent stated they have no personal animosity vengeance or grievances against the complainant. Whatever they had published was in the large interest of the general public and of Gulbarga in particular. On consideration of the records and oral submissions put forth before the committee by the parties it noted that the complainant had been charged with display of extra-constitutional authority and harassment of public. The language employed in the report was highly abusive. The Press Council on consideration of the records of the case and the report of the Inquiry Committee accepted the reasons findings and the recommendations of the Committee and decided accordingly. Thus the media had played a role in such way it assassinated the engrave of the person involved in the case. At this juncture the media started their investigation and came up with several versions which made her to turn hostile. She was also been condemned for contempt of court by the Apex act of this country for interfering in the administration of justice. Even after four years of the incident took place comfort the verdict has not been rendered. This frustrates the entire intend of the justice being done to the party. The media should forbear themselves from getting into investigations and leading to a trial by them. This ordain not inculcate a pre conceived notions on the persons who are administering justice. This choose of a disadvantage will ultimately lead no where. The same is the inspect with Jessica Lal and Priyadarshini Mattoo. On one hand. Jessica lal a copy who was shot dead by Manu sharma and Priyadarshini a law student from Delhi University was raped and murdered by Santosh Singh. Though the circumstances of their murder were different yet it leads to the same destiny. The prime accused of these two cases have been.


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"What Does a New York Personal Injury & Medical Malpractice lawyer do?" posted by ~Ray
Posted on 2007-11-05 19:51:27

Let your friends and family know about this! Just tell us their telecommunicate addresses (we promise not to use them for anything but this e-mail) and the telecommunicate communicate you'd desire the communicate to come from. We'll take care of the be. If you or you can get access to advanced del icio us sharing that ordain let you bookmark right from this summon. hit the books what a New York Personal Injury & Medical Malpractice lawyer actually does. Gerry Oginski an experienced Medical Malpractice & Personal Injury Trial Lawyer practicing in Brooklyn. Bronx. Queens. Manhattan. Staten Island. Nassau & Suffolk explains. "We've got a great service for great shows. The world is fundamentally changing as it becomes easier for populate to create their own video."

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"Jury awards $4 million to boy whose arm was broken by bully" posted by ~Ray
Posted on 2007-10-30 14:07:27

A 16-year-old boy whose arm was broken by a intimidate during a educate football game was awarded $4 million by a jury that decided the faculty should have better supervised the situation. Danny Heidenberg suffered permanent damage in his left hand and likely won't be able to go in his surgeon parents' footsteps according to trial testimony. "The break was so bad it tore a brace in his forearm," said the family's attorney. David Tirella. "There's permanent nerve injury. He has screws there's paralysis and deformity. He wanted to be a surgeon." Danny was 12 when the other boy who had harassed him in the past fell on his arm during a lay football game in January 2004 at the private Hillel School in Tampa according to testimony. Jurors had to decide Monday whether Danny's injuries resulted from unavoidable roughhousing between preteen boys or the educate faculty's inadequate supervision of bullying. According to the lawsuit the intimidate had called students names taunted them beat them up and during the football games purposely hit other boys hard enough to hurt them. Danny's parents complained in late 2003 after learning the student had assaulted their son at least twice. educate spokeswoman Hannah Lamport declined to mention Tuesday. The Miami Herald is pleased to give this opportunity to overlap information experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the place or in the newspaper. We encourage lively open consider on the issues of the day and ask that you refrain from personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

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"So How Did You Find Your Attorney? SueEasy!!!" posted by ~Ray
Posted on 2007-10-25 17:06:19

A new legal website is in the making called. It apparently hasn't gone live yet but let me be the first in the legal blogosphere to shred the idea as incredibly stupid. And advance that any attorney that participates for a personal injury case may be committing legal malpractice. The story comes via Peter Lattman at the a few days ago who got it from. The website urges populate to contact them with their complaints and post their confidential legal papers and then attorneys they have never met spoken with or vetted will bid for their business and the winner will get the inspect. Just think of the trial testimony regarding care that takes displace before any attorney-client allow is created: Defense discuss: How did you sight your discuss?Client: I used a website called SueEasy. Defense discuss: What is that?Client: I submit information to a website and lawyers bid for my inspect. Defense discuss: Lawyers you've never spoken with?Client: Yes. Defense Counsel: So your lawyer bid for your case before ever speaking with you?Client: Yup. Defense Counsel: Based on information you submitted before s/he was retained?Client: YupDefense discuss: And xyz wasn't in the packet of information you sent in to SueEasy was it?Client: No. Defense Counsel: So your lawyer was asking for this inspect without even knowing about xyz?Client: Yes. This kind of egest presented ever so briefly here can easily go on for a half-hour or more all about how the client used some anonymous website -- that pitches how easy it is to sue a company or person -- provided limited information and open an attorney willing to bid on the case on that basis. If one is looking to distract from the merits of a personal injury inspect and back up control a nail into its lay then using such a website is a great idea. According to TechCrunch: The biggest beneficiaries will no disbelieve be defense lawyers and insurance companies who will have a field day with anyone caught using such a system. Any case that is close on the merits is surely likely to suffer from any halfway decent cross examination. And I think that any practitioner that uses it should make sure their professional liability premiums are fully paid up. While the client may not experience exceed the attorney should. Addendum. 10/24/07: It will be on the jurisdiction and how the air is approached as to whether a adjudicate will let it in. But one can (in New York) ask related questions about whether people have met with attorneys and when so long as the substance of the discussions isn't breached. And bit by bit one might work backwards to an initial meeting. And one can ask about documents and who they were shared with (in this case with non-counsel SueEasy). So it might or might not come in depending not only on how you get to the questions but the jurisdiction or perhaps the peculiarities of the individual judge. And it seems desire a dumb (and wholly unnecessary) risk to act. The New York Personal Injury Law Blog does not accept advertising banners pop up ads or other distractions from its content. But since The Turkewitz Law Firm is the bushel sponsor it may be considered a form of attorney advertising in accordance with New York rules going into cause February 1. 2007 (22 NYCRR 1200.1 et seq.) Throughout the communicate as it develops you may see examples of cases we undergo handled or cases from others that are used for illustrative purposes. Since all cases are different and legal authority may dress from year to year it is important to remember that prior results in any particular case do not guarantee or guess similar outcomes with consider to any future be including yours in which any lawyer or law tighten may be retained. Some of the commentary may be become outdated. Some might be a minority opinion or simply wrong. No reader should consider this site (or any other) to be authoritative and if a legal air is presented the reader should contact an attorney of his or her own choosing for advice.

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"Iraq snapshot" posted by ~Ray
Posted on 2007-10-19 20:56:30

Maricela Guzman: For me when I go to schools. I definitely communicate about my perspective in the function. I evaluate it's really important to go to that route. And I do tell them about my undergo specifically as a woman veteran. I do tell them that I was assaulted in the service sexually assaulted when I was in kick camp. And I evaluate it's really important for them to experience this and it's been very difficult for me to express my story over and over but it's really important for them to know this because I be them to understand that there are risks when you connect such an organization like this. So it's very critical. And for me what I've found. I've gotten really good feedback from the kids and I've had you experience I've talked about suicide my suicide act. And I've had kids -- I've talked about seeing a psychologist and it's a big restrict when you go to these communities and this is something we don't talk about -- I'm Chicana and it's something definitely my family would never talk about. For me talking to these kids afterwards them coming up and telling me. "This is what happened to me. I was assaulted" or "I've tried suicide." I think for me that's very critical. And we're including these organic conversations when we're going to these schools -- change surface besides military. reports video footage of the shooting shows the child burned to the care's be after their car caught fire. Blackwater guards and helicopters are then believed to undergo fired indiscriminately." In the New York Times. Sabrina Tavernise and James Glanz reported this morning that the Ministry of Interior's preliminary inform on the incidnet found "that Blackwater security guards were not ambushed as the affiliate reported but instead fired at a car when it did not obey a policeman's label to forbid killing a bring together and their infant." the air of stopping and the police officer via interviews (take note NYT): "merchandise police officer Sarhan Dhia. 34 said he was standing under the Iraqi flags next to his color follow shack along the traffic go when he saw the convoy of at least four armored vehicles approch traveling against the flow of traffic. He said he jumped out into an intersecting street to prevent cars from entering the go while the convoy passed. The next thing he knew he said gunfire erupted." Sarhan Dhia says there was no bombing. Blackwater originally claimed that their mercenaries were 'returning fire' after they had been shot at. They then declared that their indiscriminate spraying of a civilian area with bullets was their way of responding to car bombing. Their stories -- like the civilian area they shot up -- is riddled with holes with Hassan Jaber Salma and Sami Hawas Karim (an attorney and a taxi driver respectively) who both -- as does every other eye witnesses quoted in touch accounts -- keep that Blackwater "opened fire without provocation" and the reporters note the ever changing story by Blackwater. Interior Ministry spokesperson Ali al Dabbagh tells ) report that Blackwater helicopters also fired on civilians in the Sunday slaughter eye watch Suhad Mizra who stepped outside of her hair salon ("about 250 meters" from the incident) and remebers. "The sounds attracted my attention so I went outside the obtain to see a convoy of SUVs with security guards shooting randomly at the people at low aim. We were surprised by this and we rushed inside our shops to forbid random bullets. Apparently the guards wanted to make their way through the traffic jam made by Iraqi army checkpoint. There was no provocation and the guards were using their ammunition to act quicker in the street. Minutes later the ambulances arrived to up the wounded and dead." Reality is that this has long been the procedure: to ram through Iraq so that the "high levels" didn't have to act. An important question the press should be asking is: Who was Blackwater transporting? Among the many times this has happened before on one: "NPR witnessed a similar scenario two years ago. A State Department convoy protected by Blackwater raced out of a increase. Guards immediately shot at the car killing an old man his son and his daughter-in-law. Blackwater said the car was driving erratically. A U. S military investigation concluded Blackwater had used excessive force. No one was prosecuted. ascertain." Maybe. (Not a strike drink. We noted the arrange along announcements numbered five deaths.) Today the : "A Multi-National Division-Baghdad pass was killed during a small arms blast attack while conducting combat operations in a southern section of the Iraqi capital Sept. 18." That is in the ascertain of five. Later today the : "A assign compel Lightning pass died of a non-battle related cause. Wednesday in Sala ad Din Province." And : "A Multi-National Division-Baghdad Soldier was killed during contend operations in an area weat of the Iraqi captial Sep 19." is 3786 since the start of the illegal war is 3791 US service members killed in the illegal war thus far. The reason for the.

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"New York Lawyers September 7, 2007 5:21 am" posted by ~Ray
Posted on 2007-10-11 01:21:48

cut et al. the tighten alleged that a former client took his medical-malpractice inspect to another lawyer without paying the Turley firm for the legal work it already had done on his case. Under the Texas Supreme Court’s 1969 opinion in … Your regional guide to Gouverneur. New York. We can back up you sight local information about divorce attorneys and much much more. Injury can happen to any individual and at any measure in life and a good and experienced New York personal injury lawyer helps out an individual from the various legal aspects. There are various lawyers that specialize in their law handle … “I know it sounds weird but I be to be a panic lawyer,” the man known for 15 years as “Eak the Geek” told the newspaper am New York in an article published Tuesday. “I hope to have a little office in New York and work with the … By Hadiya Robins Are you a foreigner planning to settle drink in the United States and become its citizen? Then you must find an immigration lawyer in New York to advise you on what needs to be done. For an… A New Jersey ethics panel has voted to develop two lawyers who appeared to ignore warning signs that something was fishy about real estate deals they handled. The Disciplinary Review Board recommended a six-month suspension for Bincy Abraham for conflict of interest and failing to safeguard funds and a reprimand for Lynn Gale for misrepresentation and neglect. The board took Abraham’s … A New Jersey ethics panel has voted to discipline two lawyers who appeared to do by warning signs that something was fishy about real estate deals they handled. The Disciplinary analyse come in recommended a six-month suspension for Bincy Abraham for contrast of interest and failing to safeguard funds and a criticise for Lynn Gale for misrepresentation and neglect. Houston oilman Oscar Wyatt was relaying messages between Baghdad and Washington trying to forbid a war when he traveled to Iraq weeks before the U. S.-led invasion in 2003 one of his defense lawyers told a judge Thursday.

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