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Posts tagged "Mistake"

Google adsense lawsuits?

Is google about to make a huge mistake?

Over the last few months Google has been quietly and allegedly terminating accounts, suspending ad words accounts, and doing so in a way that might actually be illegal?

Who would do something like that more so if your a company that says do no evil?

One thing may be about to change and it is something that you should be very aware about.

In so many ways, big corporate business is strangling the life out of the internet.

They are forcefully creating a situation where only large companies with more money to spend on advertising can be successful.

 

This is wrong…

When only large corporations are afforded the ability to advertise and the regular public as well as small business (mom and pop) business are excluded this is wrong.

In so many ways, allegedly google has done more evil than anyone even realizes, (allegedly)

Posted by lawsuit - January 25, 2012 at 3:12 pm

Categories: AARP, ACLU, American Bar Association, Basic Books   Tags: , , , , , , , , , ,

Legal is as legal does?

Does that make any sense, well I suppose if your the movie character Forrest Gump then yes it does, but for the rest of us who live in the real world, legal probability has for many years been the standard that is until the last five or so years when legal verdicts have become something akin to reading a palm you just do not know what will happen next, and that is where experience and negotiating skills come in to play.

These days, what might be law is not what occurs, in most court rooms, some Judges have taken to riding the Bench to develop law, which has given rise to many different types of legally offensive situations where one mans opinions have over ruled the majority of the people.

This was never meant to be, it is not constitutional and it is not good jurisprudence.

Yet, we see evidence of this perversion not only in our court systems, but also in our highest court, The Supreme, court, has over the last 20 years slowly begun a partisan approach to the interpretation of the law this is not only dangerous but it eroding what this nation was built upon.

These days, the law is something that some people are playing fast and loose with considering the Duke case where, a man allowed his own personal opinion to create an incredible amount of liberality for both his profession and the town for which he worked for, it is not only disturbing to see this type of perversion of justice but it is becoming common place practice, forget about having any kind of real proof, none apparently is needed, they charge you and they can ruin your life, (allegedly) with no proof and unless you have deep pockets and a sense for justice you cannot prevail, as in anything in life if a man or a woman makes a mistake either in judgment or expression of personal proclivity, over common sense and the law, then that person should be made responsible for such damage as they bring to the public.

For the most part over the last 30 years, if criminal charges were brought against some one they were publicly presumed guilty, after all we trust our officials, but is that really the right thing to do?

In some ways, some seriously lacking legal pursuits have been brought before the people, it used to be a joke that you could get a ham sandwich indicted, in fact in a interview with an elderly woman who was in a grand jury some years ago, (not as long as you think) She related about how the prosecuting attorney would bring five cases at a time in front of the jury to vote upon.

Which was a serious concern to this lady and I can understand such concerns, as each should be carefully considered, not put before a group of tired senior citizens, of which several in the room were unable to read the written language, (no they were not illegal aliens) they were elderly senior citizens, and some of them were unable to read.

When you see this kind of thing happen in open court, and no one says a thing, you may see a few frowns when this kind of thing happens, but for the most part, people are afraid to say anything, because what if they found themselves being brought up on charges, true or not, you could end up loosing your house, your job, your life savings, all because of one corrupt individual.

So for the most part people remain silent, which is also disturbing, while you may watch the media and feel like you have all the facts, the truth is that news leaked to the media is very seldom accurate, which is another thing that is disturbing, the practice of trying cases in the media.

It is not fair it is often not accurate, but once it occurs do you really think that anyone will belive you are innocent after they get finished with you, you could find that along with everything else you have lost your good name as well as everything you own.

That should be the most disturbing thing of all.

Posted by lawsuit - January 17, 2011 at 7:47 pm

Categories: American Bar Association, Barron's Educational Series, Basic Books   Tags: , , , , , , , , , , , , , , , , , , , , , , ,

Nurse Practitioner’s Business Practice and Legal Guide, Second Edition

Product Description
Make no mistake about it. You need legal guidance and business solutions specifically for NPs—not RNs, PAs, or physicians. Nurse Practitioner’s Business Practice and Legal Guide, Second Edition focuses specifically and in-depth on the legal and business issues that NPs face, and provides comprehensive, state by state coverage of the Nurse Practitioner’s scope of practice and state regulations. The second edition to this best seller also covers: Federal regulat… More >>

Nurse Practitioner’s Business Practice and Legal Guide, Second Edition

5 comments
Posted by - July 25, 2010 at 8:35 am

Categories: family law   Tags: , , , , , , , , , , , , , , , , , , , , ,

Internet Law

This is one section of the law that is so new that the paint is literally still wet and that is something of a serious argument.

Cyber law or internet law is a very grey area, each year there are hundreds and thousands of new lawsuits, increasingly these suits are concerning disputes about online law, some of the problems are that people use form fitting one size fits all legal statements that are not intended to be copied.

If you are doing this stop…

You may not realize that you are setting yourself up for a real problem.

Recently there was a company that was going around selling a one size fits all legal statement for websites, this company is now out of business because they got sued for violating state and federal laws governing the UCC.

Do not put yourself into that category by copy pasting legal statements onto your website, it is a huge mistake and can cost you in fees and lawsuits that are just not needed.

If you are a website owner and you are using a one size fits all legal statement just because you think it looks good on your website, take it down, statistics reveal that it is better to have no statement than to have the wrong statement.

Why give you website visitor rights and remedies that they would not have if you did not use one of these incorrect legal statements.

In the end words have meaning and unless you are an attorney you cannot depend on what others may see in your generic statements.

bottom line, get real advise from a real attorney…

Posted by lawsuit - February 20, 2010 at 1:28 pm

Categories: cyber law   Tags: , , , , , , , , , , , , , ,

EPA overstepping its powers?

Have they even read the constitution, or do they know how to read?

You might wonder, if they understand it at all, for those who payed attention in civics, class, they call it a balance of power for a reason.

You would think that perhaps they have not, there is a reason the founding fathers made the constitution so that no one branch of power would have complete control over the government, it is the reason after all that we became a nation separate from where we came from.

Are they stupid?

Are they insane?

Are they Nuts?

Are we destined to be ruled over by the EPA?

Will the EPA Tell you that the constitution

no longer matters?

Will the EPA, take control over your bank accounts?

Will the EPA, tell you what to do and how to do it?

Will the EPA, tell you that you can no longer have a fire place?

The Answer is NO….. The EPA does not have this power, and that is that.

Has the EPA as some suggest over stepped it boundary of power, by intentionally misinterpreting, a supreme court ruling?

Many fear that the EPA may make a serious mistake by trying to become a dictator?

What, no way the EPA would try something as stupid as that right, well some people think the supreme court makes policy.

What Again no way…

Because the supreme court does not make changes to the constitution.

So, consider that, Mr. EPA because the constitution says that you do not have to power to enforce your rule over America.

Rumors abound about lawsuits that will be filled soon against the EPA should they attempt to take over the Government by enforcing a mistaken ruling by the Supreme court, because the constitution is still the rule of law and even the supreme court does not have the right to supersede the constitution.

As well were you to ask the opinion of the Supreme court you would find that they never intended the EPA to attempt to enforce the ruling they made in the way they have interpreted it, In fact some argue that even now the court would hear a brief on the matter and rule accordingly.

So all you constitutional lawyers and scholars out there, step up to the plate, because it is time to make a name for yourself.

Posted by lawsuit - February 20, 2010 at 10:07 am

Categories: Constitutional Law, Freedom, Uncategorized   Tags: , , , , , , , , , , , , , , ,

Toyota recall

So many people are effected by this and still many do not believe that the car company has done all it could do…

Could you be allegedly driving a death trap, every time you get behind the wheel of your car could it be your last time?

Toyota will we know the truth or will they continue to allegedly hide the truth.

What can you do if you suspect you have a vehicle with pedal problems, first you can contact.

There are some official places you can go and you can file complaints with the FTC and the national safety
transportation board for starters, but really will that keep you safe…
________________________________________________________________________

Is there a third recall for linkage problems that toyota has yet to acknowledge?

Could people be injured and or die if this is the truth.

Toyota, alleged dealers hide the truth from owners?  Why would a dealer not say a single word about a recall when the owner comes in for service?   What is wrong with this picture, we came in for service and the dealer says not a word that there could be a problem where I might Die?

In what kind of stupid world does someone live in that does this type of thing?

If that does not make you angry, consider this, they really think that spending a few million bucks on a Public Relations or public image campaign will help gain back their trust.  Your kidding right, man that is shallow, they had a movie a while back called shallow Hal, that is sort of the way I feel about toyota, words like allegedly defiled, raped, lied to, and then expected to forgive and forget after being offered a free car wash?   Man I thought toyota was smarter than that, are they not?


—————————————————————————————————-

Could Toyota be hiding yet another recall?   Could they be hiding the truth about what the cause of the problem actually is?

This is not legal advise…..

For one thing, the idea that the floor mat is the cause of an engineering  over sight, is well sort of like advocating a screen door on a submarine…

Sounds sort of ignorant right, yet Toyota will spend millions on Public Relations firms, and commercials, typical alleged, guilty behavior.

So what is really going on allegedly…

There are a lot of possibilities, however one thing for sure there is a problem and we have seen it first hand…

Well apparently, the preverbal stuff has hit the fan and allegedly toyota is not fessing up to all the problems that are occurring.
Are we  Say safe in our own cars?

Some say yes, other say no…

I can tell you that if your experience was anything like my experience with toyota then you are in for a rough ride.

On a number of occasions, we visited our toyota dealership, for our regular maintenance, where they cheerfully charged us full price to change the oil and do other unknown things, usually for over 100 usd, the last one was 189 usd, but did they bother to let us know that we were driving a potential death trap?   That Ah, would be a big fat no…

Amazing really, they can charge us for taking care of our vehicle, in fact the maintenance is mandatory if you want to keep your extended warranty in force, but they cant tell us about a potential lethal problem?

Let me tell you that is scary folks…

This is certainly something close to a nightmare for Toyota, in the recent recall madness, where the dealers are pitted against the owners, and the finance companies are pitted against the dealers, and allegedly the manufacturer pitted against the lawyers. Make no mistake about it, there are a lot of problems with these cars, Real Valid Safety concerns, some say that the government in the form of the DOT and the FTC are having a conflicted interest in this issue however, after my own very real safety issue, (notice I did not say a concern) this was a real issue.

This really happened, and while I cannot say if this was due to accelerator pedal entrapment with regard to the floor mats, (a less and less likely event as time goes by) or if this was due to a linkage problem, (more likely from an engineering perspective, a very non toyota perspective) in fact we own one of these vehicles, which to date allegedly toyota is not willing to even admit that there is a problem nor are they willing to state how they plan on fixing the problem.

We know there is a problem with this toyota camry, because we have experienced it first hand, or foot so to speak.

In a Terrifying event where the vehicle stuck with the accelerator linkage wide open for a period of several seconds, which resulted in a near miss accident and a change of clothing, for the driver…

This is a serious problem and when you have a company that is not willing to do the right thing and either fix the problem or buy the car back then there are real problems ahead for this company.

When a company is willing to spend millions and millions of dollars in PR relations, double entendre intended, then it is time to call an attorney…

If you have had an accident involving a toyota in any of the mentioned toyota vehicles.

Then you may need to get a lawyer…

Here are some of the problems we have had with our 2009 toyota camry,

  1. Sticking wide open linkage and or entrapment, of the pedal mechanism.
  2. delayed sticking linkage, at less than 30 MPH
  3. delayed surge at idle during cruise control.
  4. surge at less than 10 MPH with brake applied.
  5. inertia during de-acceleration or sudden loss of power during cruise control

While most of these issues can be easily controlled, with some forethought, and some pre-planning but I can tell you from actual experience that this is easier to say than it is to do, as a professional driver with more than 30 years of safe driving experience, I can tell you that I nearly had an accident while this concern happened to me.

The problem is that toyota is allegedly not doing the right thing…

They are not even saying the linkage word and that is where the problem allegedly is…

Let me say that louder, LINKAGE>>>  PEOPLE<

Be very careful when driving these cars, be on the lookout for trouble, just because someone tells you that your car is not involved in the toyota recall does not mean there is no problem.

Believe me there is a problem, at least in my own very personal experience.

I would say that while I cannot offer you advice on this issue, please do seek professional advice if you feel you are driving an unsafe vehicle, you may need help in finding a lawyer, if so please see our resource pages for those types of attorneys.

As many of you have heard, this is a terrifying situation to find yourself, not only that but it can happen so quickly that you may not even realize that you are in a potentially life or death struggle with your own car…

2 comments
Posted by lawsuit - February 17, 2010 at 4:36 pm

Categories: Toyota Recall   Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Sometimes things just happen but more often they should not happen…

sometimes bad things happen to good people, but we really hope that law enforcement would do the right thing, this is an extreme example of how everything went wrong, from an eye witness making a mistake to the police and detectives making a mistake, then the District Attorney made a mistake, then the judge made a mistake, how many mistakes, add up to this kind of disaster, with people dealing drugs on every street corner in sight, how does the criminal system get so out of whack?

Posted by lawsuit - September 16, 2009 at 12:03 pm

Categories: good cop bad cop   Tags: , , , , , , , , , , ,

Accidents happen

Every day in the US there are literally hundreds of thousands of accidents, not all of these accidents rise to the level of the need for an attorney however, how do you know when that time comes that you will need an attorney?

With Car accidents sometimes you cannot tell if you are really badly injured due to the very real issues of adreline which can make your heat beat really fast and release endorphins, which can mask pain and cause you to feel for a time like you are ok, this is a natural survival mechanism, that helps your body survive in the case you are injured but still need to escape from the likely additional harm.

Very often people involved in accidents make the mistake of thinking that they are ok when in fact they have been injured and later, after the danger has passed they then realize that they are hurting and then go to the hospital, this is a bad thing because it makes you look like that you may not have been as injured as you were but you went to the emergency room later.

Insurance companies know this and will take advantage of this in court, so when you are involved in an accident always seek medical attention, because you may be injured and not realize just how much you are actually hurt.

Posted by lawsuit - September 15, 2009 at 1:19 pm

Categories: family law, get an attorney, parents law, TV show   Tags: , , , , , , , , , , ,

Man Jailed for rolaids?

Go figure once again we see a lack of respect for the law in florida.

This is crazy, in floriduh, go figure, but here is one situation where a man who was accused of possession of rolaids spent three months in jail, what a mess and there is something really crazy about floridah law enforcement.

One thing for sure you may want to re-consider your vacation to floriduh if they don’t get a hold of these problem prosecutors and law enforcement officers.

Anyone talking to this guy would know that he is not a drug user, yet, the justice system completely broke down in this instance, I just cant believe that no one was able to take a common sense look at this situation and understand that this guy was not a drug user.

Police have a hard job but come on folks this is getting out of hand, tourism in floriduh is going to suffer if t his kind of stupid stuff is not nipped in the bud, so to speak, This guy was obviously not a drug user and even if the police man made a mistake the ADA should have seen that this guy was not a user.

I know one thing there are thousands of people out there using rolaids and if police cant tell the difference then people and tourists in Florida are in for a rough ride.

So now what will happen next, well the state of Florida will pay a settlement and it will not be cheap, and that money will be tax dollars, People if this happens to you get a good lawyer, if this guy had a good lawyer to begin with none of this would have happened.

It is good to see that this guy now has a good lawyer.

If this ever happens to you, get a lawyer, for Gods sake, do not sit in jail over a bad lawyer.

This is some crazy stuff.

Posted by lawsuit - August 25, 2009 at 5:00 am

Categories: Class Actions, Constitutional Law, cyber law, family law, Internet Law, lawsuit, Lawsuit the Cops   Tags: , , , , , , , , , , , , , , , , , , , , , , , ,

copyright law and the Internet

Why you should be sure of the origin of the photos and graphics you use online

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If you publish a blog or a website and you are
Using images you get from the Internet you could end up in court or worse

The Number One mistake blog publishers make,
I did not publish that photo someone I hired did it!

Opps, it does not matter, you can be held responsible by a court of law, dont take a chance.
For just a few pennies, you can be sure that all your photos are protected and at the same time you can protect your web content.

“It is not like copyright violation is a crime right?”

Wrong, it is a felony for violations over $2500.00 which is not much in todays dollar values.
These days you can literally spit on the side walk and find yourself in jail with no prospects of getting out of jail, you should seriously consider anything you choose to publish on line even if you dont think that you will be charged or could be charged, you could find yourself in a real legal problem

“If it doesn’t have a copyright notice, it is not protected by copyright.”

Wrong…

This may have been true in the past, however today most major nations follow the Berne copyright convention. An example, in the USA, almost everything created privately and originally after April of 1989 is copyrighted and protected and this does not matter if it has a notice or not.

You should never assume that another persons work is copyrighted and may be copied unless you know otherwise.

There are some older works that may not be protected after 75 years however you cannot really assume this to be true unless you have direct communication with the last known owner of the copyright.

The fact is that you should have a license to publish your content more so if you make any money at all online.

“If I make up my own work but only part of that work is based on the old work then my new work belongs to me.”

Wrong again, U.S. Copyright law is clear that “derivative works” or works based another copyrighted work belongs to the owner of the original work.

“My website used it and it was for fair use!”

Wrong, you can still be sued by the owner, or someone who just thinks that you have copied their work

it does not matter if they are entirely wrong, it still creates a lot of problems for you and your company or website, in fact your website can be taken down just because someone complains and they dont even have to have proof that the work was theirs, your website could be shut down for days before you can prove that you own or have the right to publish the content.

If I don’t charge for it or make any money it is not a violation of copyright law”

Not True, damages can be awarded in court and you can be charged for a crime, even if you dont make any
money from it, that used to be a loop hole but it has been closed by the FBI and the Justice Dept.
Believe me this is a place you do not want to go at all.

“If it’s posted to online it is already in the public domain.”

Wrong, Unless it specifically says it is in the public domain you cannot assume that it is.

The bottom line here is that you should have a license for the work that you publish online even if it is your own work, yes, you heard right, even if you use your own photographs taken using your own camera you should have a license file that shows it belongs to you.

However as a first line of defense you should join a Royalty Free website, in case you may not know what this is royalty free does not mean that everything is free what it means is that by joining a digital rights company online, you can easily prove what works are your own and also the works that you use and publish have a license for what you use on your publications, this works for blogs, websites, magazines, both online and offline, and just about any type of publication.

So take a few moments and signup as either a designer or a photographer or both.

This can make a big difference for your work online, you can successfully prove where your content
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Posted by lawsuit - June 16, 2009 at 5:17 am

Categories: bankruptcy, car wrecks, Class Actions, Constitutional Law, cyber law, family law, Getting a Lawyer, Internet Law, lawsuit, Type of Attorney   Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,