By Jurado & Farshchian, P.L. – North Miami, Florida

Florida real estate has always been attractive to foreign buyers, even before the housing crash that depressed prices for both residential and commercial real estate and made foreign investment in Florida real estate a bargain for many buyers.

By HG.org – Houston, Texas

It is not unusual for an elderly patient to develop a close and trusting relationship with a health aid or other helper. The patient may wish to show appreciation by offering gifts. However, there are many considerations concerning this act that must be evaluated before the patient ventures to offer a gift to someone of this nature.

Q: My

sister is POA for my elderly parents. She is not sharing any information with

me. I am on the wills, etc. What are my rights to receive information. I live her in Pittsburgh and they

all live in Erie. Parents put her as POA, because she is the oldest and they

thought/hoped we would all get along. This is not the case. My sister and I are

estranged. She did not even tell me when my mother fell at the facility in Oct.

Do I have any rights to view finances for my parents as I am not sure

everything is good with their finances. I have asked repeatedly for information,

even in the past when we were speaking, I sent a certified letter to her 3

weeks ago asking for financial information and to see if she sold their car and

if she filed for the VA benefits they are entitled to. There has been no

response.

A: Just

being an heir or one of the children does not give you rights to receive the

information you want. In fact, your sister may have a duty to keep your

parents’ information confidential. If you are concerned that she is abusing or

financially exploiting your parents you could petition the court to have her

file an accounting of all of the funds she is managing as Agent under the POA.

You could also have yourself of someone else appointed as guardian. If you

retain an attorney, he or she can advise you which one of these measures might

work best. Just having the attorney involved, may cause your sister to give you

the information you need and to be more cooperative. It could also make matters

worse and result in more family drama. Communication is the key. I would keep

trying to communicate with your sister and only use a lawyer and legal system

as a last resort.

— DHS employees or programs;

— Alleged violations of civil rights and civil liberties;

— Immigration filings;

— Travel redress;

— Other types of grievances.

Any person who believes he or she has cause to file a complaint with the DHS should review the guide carefully. For this post, I will provide a summary of where the guide discusses complaint procedures that should be of interest for those dealing with the DHS in the immigration context. I will include the pages in the guide on which information for filing the specific complaint may be found.

• Discrimination based on race, ethnicity, national origin, religion, sexual orientation, gender identity, or disability

• Denial of meaningful access to DHS services due to limited English proficiency

• Violation of rights while in immigration custody

• Discrimination or inappropriate questioning related to entry

• Violation of due process rights

• Violation of immigration confidentiality agreements (such as VAWA Act, T Visa, or U Visa confidentiality agreements)

• Abuse

• Other civil rights, civil liberties, or human rights abuses related to a DHS program

• Difficulties experienced during travel screening;

• Denied or delayed entry into or departure from the U.S. at a port of entry or border crossing; or

• Situations where one believes that he or she is unfairly or incorrectly delayed, denied border, or identified for additional screening.

• Complaints about the inspection process;

• Facilities; or

• Penalties assessed.

• Calling the USCIS National Customer Service Center;

• Checking “Case Status” on the USCIS Website; or

• Making an InfoPass appointment with USCIS.

1. The guide notes on page 5: “If the requested service involves the forms I-589, I-590, I-360 (Violence Against Women Act), I-914, I-918, or an I-751 battered spouse waiver, the applicant must sign the last page of Form DHS 7001 and attach it to the online case assistance form as a PDF file.”

A recent court ruling in California’s Court of Appeal may have just changed the way mesothelioma cases are won. In Schiffer v. CBS, the plaintiff claimed he was exposed to asbestos containing materials during installation of equipment and insulation manufactured by Westinghouse, CBS Corporation’s predecessor in 1969.

Details of the Case

James Schiffer, the Plaintiff, worked for Ginna Gas and Electric in their power plant in the summer of 1969. Schiffer claimed that while he was employed for the two companies in question, he was exposed to asbestos from the various materials in the air during the installation of equipment. The plaintiff also alleged that the insulation was manufactured by Westinghouse, which is now the CBS Corporation. Schiffer later developed mesothelioma, which led to he and his wife filing a lawsuit against several entities related to his employment he claims exposed him to asbestos, including CBS. CBS successfully moved for summary judgment based on the claim that Mr. Schiffer failed to submit evidence that he was actually exposed to asbestos containing materials.

The Appeal

On appeal, the California Court of Appeal determined that while Schiffer was in the building and frequently observed the installation of insulation, he could not present legally sufficient evidence of exposure to the contaminated material. Furthermore, the court stated that there was not enough evidence to support the insulations was actually supplied by Westinghouse. Finally, the court found that Schiffer’s own expert’s testimony did not support the finding of causation because the expert considered an “incomplete universe of information.” Therefore, the Court upheld the lower courts finding.

The Analysis

In order to prove medical implications of asbestos exposure, one must answer the following questions: (1) how frequently were you expose to the asbestos? (2) How regular was the exposure? And (3) how close were you to the asbestos product? All three answers must align to have a successful link between asbestos exposure and mesothelioma.

In this case, it was evident that Mr. Schiffer was in the general vicinity of the asbestos. It is also clear that he was in the general area frequently and on a regular basis, meeting two of the three points discussed above. However, it is also fairly clear that he did not have direct contact with the contaminated substances. In the past, the mere presence of the contaminated products may have been enough to prove the cause of the mesothelioma is directly related. However, the new precedence set forth by this case creates a new definition of proximity. Based on this finding, it may now have to be proven that the plaintiff had direct contact as opposed to mere exposure with a contaminated substance to prove liability. Furthermore, this case shows the importance of a client to provide his expert with all available information or risk losing his case.

Philadelphia Mesothelioma Lawyers at Brookman, Rosenberg, Brown & Sandler Help and Advocate for Asbestos-Related Patients

Philadelphia asbestos lawyers at Brookman, Rosenberg, Brown & Sandler have a long history of fighting for compensation to ensure mesothelioma patients are able to pay for the medical treatment they deserve after being exposed to asbestos by a negligent employer. Call 800-369-0899or contact us online in order to schedule a free consultation. With offices in Center City Philadelphia, we serve clients throughout the Delaware Valley including Philadelphia and New Jersey.

Handling Family Law Matters in Towson, Maryland

Each state has its own unique laws that affect how family law is approached. At Huesman, Jones and Miles, LLC, we understand all aspects of family law and use our experience in mediation, divorce proceedings, child custody and child support to create plans for families that work within the law.

Divorce in Towson

A knowledgeable Towson divorce lawyer can help navigate the confusing process and make sure the separation period goes smoothly for all parties. We help prepare our clients every step of the way. We also explore options to expedite the process. Our lawyers can help you figure out the best plan for your circumstances.

Towson Divorce Mediation

If you and your spouse are ready to go separate ways, much of the divorce proceedings can happen outside of court. Rather than amplifying already hurt and confused feelings, our Towson divorce lawyers keep as much out of the courtroom as possible to maintain our clients’ control and options in the decision-making process of divorce. The best resolution is the one the parties arrive at themselves. We help guide you through that process.

We prioritize the aspects of divorce that are the most important to you as we navigate through divorce proceedings. However, sometimes mediation is unsuccessful. If mediation does not work for you, litigation is possible at any step in order to protect your legal rights. While fair compromise is one of the goals, our top priority is protecting our clients against potential complications and unfair settlements.

Alimony and Spousal Support

If one spouse has become reliant on the other, they may be entitled to spousal support in order to maintain their quality of life. Alimony is not automatic. However, alimony or spousal support may come into play when one party is economically dependent on the other or if there is a substantial disparity in income. There are a few ways alimony can be decided in a divorce case:

• Pendente Lite Support – This support is a temporary award allotted before a final judgement of divorce. This support is meant to provide the status quo for all family members during a divorce proceeding.

• Indefinite Alimony – Indefinite alimony is awarded in cases that follow a long-term marriage when one spouse has far more earning potential than the other. Unless specifically agreed upon, this type of alimony can be modified if changes of circumstance can be proven.

• Limited Duration Alimony – This award is an option when the dissolved marriage lasted mid-length. This alimony is awarded for a limited time and is the most common form of spousal support. Like indefinite alimony, this type of award can be later modified if circumstances change.

• Rehabilitative Alimony –Similar to limited duration alimony, this type of award is only for a set amount of time. This type of spousal support is set to help one of the spouses gain economic independence while maintaining their lifestyle during the change. During this time, the spouse may complete further education or seek job training to improve employment prospects.

• Nonmodifiable Alimony – This is a form of alimony where the parties specifically agree to a certain amount of alimony for a specified period of time, and it generally cannot be modified.

Marital Property Issues

Another important component is the resolution of marital property. The courts attempt to achieve an equitable distribution of the marital property. In that case, assets that were acquired will be evenly and fairly distributed between the two divorcing parties. Interest or appreciation that was accrued during marriage on previously acquired assets may also be evaluated during divorce proceedings. While many spouses focus on tangible personal property like furniture, the biggest items are usually the family home and retirement accounts. We attempt to help you understand the sometimes complicated property issues and seek a resolution that suits your needs.

Other Family Law Issues

Family law extends beyond divorce. For some, the divorce case has already taken place and they now need a parenting plan to help smooth the transition for their children. For other families, there may be grandparents’ rights or property division that needs the care of a Towson family law lawyer to help make sure everyone’s rights and legal options are considered. Our legal team helps address issues in those topics along with post-divorce modifications, child custody, child support, modifications to child support, prenuptial agreements both before and after marriage, domestic violence, and more.

Towson Divorce Lawyers at Huesman, Jones and Miles, LLC Help Families through Divorce, Custody, Alimony and Other Family Law Issues

No two family law cases are the same. Our seasoned Towson divorce lawyers at Huesman, Jones and Miles, LLC know how to carefully handle the sensitive topics of family law while leaving no stone unturned to reach a fair settlement for everyone involved. If you are considering divorce or do not know your legal rights in a custody case, call us at 443-589-0150 or contact us online today for a free consultation on how we can put our experience to work for you.

Sometimes the truck driver at the wheel during a trucking

accident may not be the only one responsible.  Among the many causes of truck accidents, is that of the driver’s employer.  The truck driver may be hampered by the acts of his employer before ever getting on the road.  For example, if the employer fails to properly maintain an 18-wheeler or trailer, this could set the truck driver up for a fatal accident before he ever leaves the yard.  Negligent employers may set drivers up for failure and cause serious Houston trucking accidents.

Serious trucking accidents such as jackknifing can seriously injure or kill motorists and drivers.  An experienced Houston trucking accident attorney should thoroughly investigate the accident determining the cause or causes.  This investigation should include what acts or inaction of the employer may have led to the crash.

Trucking Employers may Negligently Ignore Safety Requirements

Trucking companies that send drivers and trucks out on the road are responsible for the safety of their trucks and trailers, along with the caliber of their drivers.  Some trucking companies ignore this responsibility and disregard the regulations implemented to keep the public safe.  When employers fail to meet the laws and standards set forth for safe truck operation, the potential for accidents increases.  

Additional negligence taken by an employer could include:

• Hiring unqualified drivers or drivers with an unsafe driving
   

  record.

• Failing to train drivers or providing inadequate training
   

  for drivers before putting them on the road.

• Failing to fully inspect and maintain trucks and trailers.

• Improperly loading trailers or beds.

• Requiring drivers to stay on the road too long, not allowing
   

  them rest.

When an employer fails at these duties, they send drivers out on the road ill-equipped for what may come.  Trucking companies are responsible for giving the driver all of the tools that they need to make it safely down the highway.

Hire a Houston 18 Wheeler Accident Attorney

If you or a loved one has been injured in a trucking accident contact Chelsie King Garza today. She can help you investigate the accident to determine if the truck driver’s employer was negligent and also responsible for the crash.

A worker who contributes to a 401(k) over his whole 40 year career will have about 15% less in assets at retirement if fees eat up 0.70% of his annual investment return.