Accident Lawyer Oakland

Personal Injury Claims and Bankruptcy

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If you have unfortunately been injured in a car accident, injured at work or at a business you were shopping at you could have a personal injury, or PI, claim. So if you have filed a lawsuit or are planning on filing a lawsuit what happens to your personal injury claim if you file for bankruptcy protection with the help of an experienced bankruptcy attorney under Chapter 7 or Chapter 13 of the Bankruptcy Code?

The first issue is do you actually have a PI claim? There have been many attempts to bootstrap other types of causes of action as exempt under a personal injury theory. For purposes of this article the person filing for bankruptcy was in fact injured in a car accident and suffered damage to their arm requiring surgery. This hypothetical person is also thinking about suing the person who hit their car and caused the injury. Unfortunately they are also thinking about filing for bankruptcy since they have not been able to keep up with their credit card payments given that they cannot work as much due to their injury. This is a personal injury in which the California exemptions can be applied, either Section 704.140 (a-b) or Section 703.140(b)(11)(D).

So if you receive a multi-million dollar settlement can you keep every penny and still get rid of your debts in bankruptcy? The answer is it depends. Under the 703 California Exemptions you can protect a personal injury claim up to $22,075. This is only for your injuries and not for pain and suffering or pecuniary (financial) loss. Under the 704 California Exemptions a PI claim is exempt up the amount reasonably necessary for the maintenance and support of the judgment debtor’s spouse and dependents. Which set of exemptions you use will depend upon the nature of the injury and the possible recovery. If you were unfortunately seriously injured and require around the clock care you will most likely need every penny of a personal injury recovery. Keeping every penny would be reasonably necessary for your support and maintenance. The other extreme is if you are in a car accident and merely break an arm and do not have any long-term problems as a result. If you receive $30,000 somehow it may not all be reasonably necessary for your care and support.

Hopefully you will not be injured so severely that you are entitled to millions of dollars of compensation. There are personal injury awards that can be protected when filing bankruptcy. It all depends upon your circumstances at the time you file for bankruptcy protection. The good news is that there are exemptions to protect personal injury awards and claims.

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Criminal No Contact Orders – What Constitutes a Violation?

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A “no contact order” means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party. This article pertains to Rhode Island (RI) no contact orders.

In other words if a person is under this type of restrianing order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say “hi” if they walk by the victim by chance on the street.

Be very careful! A person can be arrested for a violation even if the victim initiates the contact and calls the defendant. A person can be charged with a violation even if invited by his wife to come back to the marital home.

Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. It also expires if the case is dismissed or the defendant is found not guilty. However, be careful because there may also be another restraining order issued as a result of a divorce or Family Court matter or a District Court restraining order.

A person who is on probation, bail or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. A violation is a crime in itself which is also a violation of the conditions of probation, filing or bail.

A person on probation, during a one year filing or bail can be held at the ACI if they are accused of violating a no-contact order. For example if a person is on probation, filing or bail, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI. If a person has a suspended sentence the amount of jail time for could be substantial.

Legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.

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Signs Your Date Is Married

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You know if you wrecked the truck on purpose because you needed the insurance money to make the next payment, you might be a redneck. At least that’s what Jeff Foxworthy says.

And if your date is up to any of the following, s/he just might be married.

1) If his or her picture isn’t online, but he or she has plenty to send you…he or she might be married.

Yeah, well…maybe he or she is embarrassed to be seen online by coworkers, etc. With online dating becoming more and more mainstream, that excuse is going to be less and less useful.

2) If he or she always has an excuse for not having you over the house…he or she might be married.

Especially guys. If a man does not want women over to his house, it can only mean one of two things: a) He’s married, or… b) …he’s homeless (or at least close).

Now here’s the other side of the coin. Checking out someone’s place is an excellent way to get this whole issued resolved. Unless s/he’s an independently wealthy one with ‘crash pads’ other than the primary residence, you’ll be able to tell PDQ that dude/dudette is single.

3) If he or she can only see you at weird hours…he or she might be married.

Are you being penciled in for a lot of weekday breakfasts or lunches? A “quick dinner” that ends by 7.30? Saturday afternoon from 1-2.30? OK…you can wake up now.

Bear in mind this point stands only when a blanket statement. If there are weird times in addition to blocks of time during weekends and evenings, that’s probably a good sign.

4) If he or she can only see you for a short while at a time…he or she might be married.

This goes right along with the previous point. If someone likes you, s/he wants to hang around for more than an hour at a time…at least sometimes. Again, some short visits are a good sign…if there are also blocks of time being spent together. 5) If he or she live in a major metro area but are flying around the country/world to meet you…he or she might be married.

This is a good one. A lot of people think that meeting someone online from far away and doing the LDR (i.e. “long distance relationship”) is so romantic. My simple question to you is this: If s/he’s such an incredible gem of a “hottie”, why does this person need to meet people hundreds or thousands of miles away when he or she lives in oh, say, Chicago? I’m thinking that in a metro area of 10m people (or 250K people, for that matter), there’s someone local to date. Granted, God may have put your soulmate far away from you to teach you both discipline, dedication, patience, etc. But through the fog of infatuation, at least consider how virtually foolproof it is for someone who is married to set up trysts in far away places.

Be especially wary when someone from far away has existing business concerns in your city, or could logically. For example, if dude works for a supplier to AT&T out of Oakland, CA, he’s probably coming to San Antonio at some point anyway. It’s way too easy to get away with this for a married person. Even if someone is coming in for the weekend, find out if s/he has some hobby or interest that would have earned a “kitchen pass” with the spouse.

Do the research. Add it up. Go with your gut on this.

BTW, look for the ins and outs of flying somewhere to meet an online friend in a future article.

6) If you can’t get a home phone number out of them…he or she might be married.

With so many people cutting off the landlines in favor of going mobile only these days, this is far from foolproof. But if seen in combo with other factors, take it into consideration.

7) If you’ve seen them driving two different vehicles…he or she might be married.

Example: Guy shows up to your first date with an ‘03 Chevy Silverado pickup. Second date, he’s driving an ‘01 Honda Odyssey minivan. This is not a good sign. Sorry, troops…single people just don’t tend to own both a pickup truck and a minivan. Or two different Honda Accords. You get my drift. If you call the guy in our example out on this and he says something to the effect of, “Oh, that’s a rental. The truck’s in the shop” take into consideration that a) Rentals are usually less than two model years old,… b) are invariably free of visible damage (even “used” car rentals don’t have smashed fenders,… c) almost always have the rental company’s logo/barcodes on them somewhere., and… d) rentals from dealers/repair shops are typically small econo-boxes or (at best) equivalent to what the customer is driving. The rental excuse will either hold water, or it won’t.

Note, however, that if a guy in particular has two dissimilar vehicles it’s not necessarily a bad sign. Lot’s of guys do. For example, if he has a pickup truck one day and a Porsche the next, that’s not what we are talking about here. Oh…and more single guys have “family” type cars/minivans than you think. That alone isn’t a biggee.

8) If he or she has tan lines on his or her left ring finger…he or she might be married.

Yep, this is the classic stereotype. It’s obvious, but it still deserves mention. People still try to get away with this.

9) If he or she is “legally separated”…he or she might be married.

Scratch “might be”…he or she is married. This scenario deserves careful research and lots of questions. Also, be advised that in some states (e.g. here in TX) there isn’t even such a thing as “legal separation”. Being involved with someone who is “separated” may mean the spouse (and that’s what that other person is, frankly) may not exactly feel the same way or be on the same page as your date. Proceed with caution-after all, there’s already an admission going on here that s/he’s married! Guys, this is a good way to get shot at. Think about it.

10) If the divorce “is going to be final any day now”…he or she might be married.

This goes hand-in-hand with the point above…maybe literally. You have an admission from your date that s/he is married, so almost any excuse goes, doesn’t it? For what it’s worth, I really hope that if you are intelligent enough to read English you would never be willing to believe that your date is going to “get around to leaving” his or her spouse sometime “soon”. Please.

11) If he or she just moved here from somewhere else…he or she might be married.

Sure people move all the time, but if there really wasn’t anything to move TO in your city for your date (e.g. job, family ties, etc.) then you should find out what s/he is moving FROM. Caveat emptor…the breakup might not be final back at home.

12) If he or she has to leave when the cell phone rings…he or she might be married.

Oh yeah. Gotta keep the spouse informed…and in this case your date is going to have to lie to everyone at once about it, so that conversation can’t happen in front of you. Logical, isn’t it? This isn’t foolproof, however, especially if your date is on-call for work a lot and deals with potentially sensitive info (e.g. doctor, lawyer, law-enforcement). You make the “call” on this one.

So there’s a dozen for you. If you have more signs–or great stories–send them to me.

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How Do I Claim a Short Sale Or Short-Refi on My Taxes?

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The tax code has been temporarily amended because of the mortgage crisis that has hit our entire country.

This break comes in the form of “The Mortgage Forgiveness Debt Relief Act of 2007″, whereby in certain circumstances, a homeowner does not have to pay federal income tax on debt forgiven on a loan secured by a qualified principal residence via a short sale, foreclosure, deed in lieu, loan workout or short refinance. ( A short refinance is defined as “where the loan amount was reduced and forgiven in order for the homeowner to keep the property”.)

This is great news for many a homeowner, because in prior years, any remaining balance was considered income for which you would owe taxes.

Under this new law, there is no federal income tax due on debt forgiven on a loan that is secured by the seller’s principal residence, provided that the loan was made to acquire, construct, or substantially improve the principal residence. Also, a short-refinance of that type of loan also qualifies for the exemption.

However, if you just pulled money out of your house to pay for a vacation and got debt relief on that loan, you would be subject to income tax.

The exemption applies to any portion of loan debt forgiven beginning January 1, 2007 through December 31, 2009.

Therefore, it doesn’t matter when the loan was made; what matters is when a portion of the debt is forgiven.

IRS Income Taxes on debt relief due to foreclosure, is NOT automatic though…

You have to file IRS Form 982 “Reduction of Tax Attributes Due to Discharge of Indebtedness,” and the form has to be attached to the federal tax return.

Many people entitled to this tax break aren’t filing the form.

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The Golden Rule

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When I first came out to my mom, she repeatedly expressed concern for my safety, as if the villagers were waiting outside my door with torches and pitchforks.

“Lots of people don’t like the gays, you know,” she said, referring to “the gays” as their own species. “Why would you want to put yourself in danger like that?”

Like any experienced Jewish son, I quickly disregarded my mother’s concern as paranoia. This is a woman who would triple-lock her bedroom door living in a convent (probably to ward off any lesbian nuns). When I became a lawyer, she suggested I change my last name and pretend to be gentile, because “law firms might not like the Jews.” I informed her that in fact many of the most prominent law firms had Jewish names, but my mother wrote that off to an “attempt to be politically correct.” According to her, those Jews were probably just figureheads. Apparently the Pope is the real mastermind behind the American legal system.

But despite the results of loaded polling and a few bad apples, I don’t think most people really care where I put my penis (though perhaps I should care more). Sure, there are still some intolerant people out there, but people will always find a reason to dislike you if they feel like it. If it’s not my sexuality it might be my taste for ketchup on pasta. Personally, I cannot stand people who use correct punctuation in e-mails. They make the rest of us look plain lazy.

By the time I came out to my mother I had been out of the closet for the better part of a decade, and in all that time I never once felt physically endangered because of my sexuality. Ok, a bunch of frat boys did yell “fag” at me from a passing car once, but that epitaph seemed motivated more by a general desire to insult someone than a direct reference to my sexuality. Though I’m not the most masculine guy in the world, most straight guys have horrible gaydar, and cannot accurately determine another guy’s sexuality, especially from two hundred feet away. Despite their tendency to call each other “fag” and “homo,” straight guys generally don’t like to think anyone is actually gay, probably because that would mean that they could be also. I had a college roommate who, after I came out to him, insisted that I “prove” to him that I was gay, even though the VCR was always set to record The Golden Girls and my CD collection spanned Liza’s career from rise to meltdown. I offered him a blow job as proof; he politely declined, but my earnestness was enough to convince him that I was telling the truth.

Although my mother’s concern for my well-being was misplaced, it was not completely irrational. It’s not the hostile straights she should have warned me against, who are easily dismissed and avoided. No, had my mother known better, she would have warned me about the hostile gays, who run the homosexual social network with a latex fist.

The act of exiting the closet involves more than just fessing up to your sexual orientation. It also includes reentering a world of behavior that had been previously discarded at the playground gates. For a certain type of gay, coming out of the closet is a license to tease, taunt, and torment with impunity. And it’s not just the heavy, bald, and/or old who suffer as a result of this mass regression. Something as small as wearing last season’s man clogs can destroy an entire evening. The gay gene exists in conjunction with the teenage girl gene.

Of course, the homosexuals don’t have a monopoloy on superficiality. There’s certainly no America’s Next Top Electrical Engineer, or Make Me A Supernerd, and there’s a growing number of Botoxed, retoxed, and detoxed women out there who may not be biodegradable anymore. But its the homosexuals who have turned a character flaw into a pathology.

I knew I had entered unfriendly territory the first time I went to a gay bar. Naively, I decided to go alone, hoping that people would be friendly and welcome me with open arms. Sort of like a gay Cheers, without the bad lighting and all the mahogany.

“Oh, hey everyone, it’s Jonah! He just came out of the closet! Let’s give him a big cheer!” At which point they would lift me on their shoulders and perhaps do a hora, depending on the Jew to gentile ratio.

The reality was slightly different. No one cheered when I entered, there were no horas in sight, and everybody neither knew my name nor cared to. Instead I found a crowd of men standing self-consciously around a dance floor, eyeing each other with looks that were equal parts suspicious, derisive, and sexual. Each time someone caught another person’s gaze, the first person would quickly look away — no no, I’m not interested in you, I was actually looking at your friend, you know, the hotter one. It was a junior high school dance, except everyone had a drink, a cigarette, and a penis.

I downed my first vodka cranberry quickly. It tasted curiously like Robitussin, and I wondered if the bar had the same vodka supplier as CVS. I ordered another one, and downed that one as well. I wasn’t trying to get drunk — having a drink in front of my face just gave me something to look at, because whenever I looked up I inevitably saw someone who was better dressed, better coifed, or better looking than me. Were my ears always this pointy? Is my right eye bigger than my left? Is that a third nipple? How did I let myself get to this point at all? I felt the birth of a new psychosis coming over me; pathological self-consciousness. Coming out was supposed to decrease my therapy bills, not the other way around.

The second vodka cranberry hit me quickly — I have the bladder of a munchkin — and I abandoned my safe corner stool to venture to the bathroom.

Several guys stood in front of the bathroom, carefully judging every person coming in and going out. They reminded me of the old Muppets who sit in the balcony and make fun of the various goings-on below them, except they were wearing Diesel jeans and two hundred dollar t-shirts. They were also significantly less urbane than their felt counterparts.

“Hey did you see the butt on him? Do you think he needs the jaws of life to get him out of a car?”

“That hair looks better on my dog.”

“I’ve seen smaller love handles on Dom DeLuise.”

Ten years ago, these same guys were being stuffed in lockers and hung from flagpoles. Watching them disparage everyone who crossed their path, part of me wished their high school tormentors would swing by and give a command performance.

Fortunately, I entered the bathroom behind a group of heavyset men (heavyset by gay standards, average by straight ones) who attracted their attention, and the evil Muppets did not notice me. Only then did I realize that using the facilities might be more complicated than I expected. The men’s room consisted of a long troth with a mirror above it tilted downward, the goal presumably to give its users the opportunity to urinate and window shop at the same time. Fortunately I was sufficiently tipsy by that point that I didn’t notice the gaggle of men staring at me, or more precisely, at it. But I was not so tipsy as to hang around for one moment longer than I needed to.

Unfortunately, although I escaped unscathed when I went into the bathroom, I wasn’t so lucky on the way out.

“What do we think of the hat?,” referring to the wool ski cap I was wearing that night to keep my ears warm in the chilly Boston night. I didn’t know that a five dollar hat could also be a fashion statement.

“It could work, if his face wasn’t so chunky.” No one had called me “chunky” since ninth grade, when I was slightly overweight due to an excess of quarter-pounders and a deficiency of physical activity. Gym class didn’t keep my weight down, probably because I hadn’t actually participated in gym class since I learned to successfully forge my mother’s signature. Luckily my gym teacher wasn’t too smart.

“You were mauled by a polar bear?,” the coach asked when I handed him a particularly inventive note. “Don’t polar bears live in the Arctic?”

“Oh, no. There has been a rash of polar bear attacks on Long Island lately. Damn global warming!”

Unfortunately, during junior year my not-so-smart straight male gym teacher was replaced by a more intelligent lesbian version who didn’t take kindly to my increasingly pathetic excuses and was increasingly suspicious of the constant notes.

“You know, I think I’m going to call your mother and check on some of these notes of yours,” she told me.

“Oh, ok, yeah, go ahead,” I said, calling her bluff. “But don’t call after 1pm. That’s when she has — what’s it called again — chemotherapy? And after that she’s usually vomiting most of the night, but if I hold the phone up to her ear she might be able to talk in between heaves.”

My mother’s imaginary cancer aside, I decided to kick it up a notch, ditch the freak accident route, and instead develop a physical ailment that essentially prevented me from participating in all but the most innocuous physical activities, most of which involved sitting stationary for prolonged periods of time. Fortunately I had a very sympathetic pediatrician who backed me up, probably because he knew my parents were insane and was always two steps from calling child protective services.

Looking back, I should have participated in more gym classes. I might have developed a thicker skin if I had.

“Yeah, he sure is chubby,” Muppet #2 replied. Again, no one had called me “chubby” since high school, when John Leclark told me I had “chubby hair.” I’m still not sure what that meant.

“His head is actually much larger than the rest of his body,” he continued, taking a sip of a clear drink. “I’m surprised he doesn’t tip over in a stiff wind.”

“And did you check out the shoes? Can we say payless, suffer more?”

Well, that was it. I may have been newly out of the closet, but I knew that a shoe insult was akin to a bitch slap, and required a reply. I stopped dead in front of them.

“You know I can hear you, right?” I said to Muppet #1. I chose to address him because he was smaller than me, and I thought I could take him if it came to blows. Though at that time in my life I was so out-of-shape that Punky Brewster probably could have beat me up. But there’s no shame in that. She was one scrappy lesbian.

It didn’t come to blows. It didn’t even come to words, really. They both stared at me for a minute, and then Muppet #2 said:

“So?”

And that was that. I stood there for another moment, considering whether to escalate the situation, and decided against it. There were already enough drama queens under this roof, and one more might have exceeded the building’s capacity.

But there was another reason to let it go — it just wasn’t worth it. Standing directly in front of them, I felt not anger, but pity. In their $200 t-shirts and jeans three sizes too small, these guys had become caricatures of themselves. They had queer-eyed themselves to death, and in the process, forgotten the dictates of general human decency. And for that, I felt bad for them. Perhaps feeling bad for them was actually the greatest revenge of all.

A few minutes later, I looked up from my third vodka cranberry — the drinks were tasting better with every passing moment, the miracle of alcohol — and saw them still standing there, except now Muppet #2, the taller, more aesthetically pleasing one of the pair, had made a new friend, and Muppet #1 was now left to fend for himself. Something told me this was not a new experience for him. Muppet #1 was still scanning the room for victims, but now he had no one to share his fabulous misery with. All those insults, gone to waste in his head.

It was then that I made a resolution, never to become a caricature of myself. I promised that night to be kind to everyone, regardless of race, ethnicity, age, weight — I even promised to be kind to those that others wouldn’t touch with a ten-foot pole, like lepers, or Republicans. Not out of pity, but solidarity. Together we could take back the night from the evil Muppets and their ilk. I promised to be the saint of every gay bar I’d go to for the rest of my life. I would treat every individual with the dignity and respect that I expect to be treated with myself.

But only if they’re not bald. Even saints have limits.

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Why I Did Not Become A Surgeon

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From my early teens, my dad spent time counseling me on my choice of profession. At an early age, I had the mind to study law. I joined the debating society in school as a preparatory step. In my last two years in school, I was the number one choice to represent my school in inter-schools’ debates. It happened that in 1953, during the masquerade festival in our locality in Abeokuta, a city in Nigeria, a lorry driver knocked down a masquerade. The accident occurred at a T-junction where our house was located. The accident victim was pronounced dead on arrival at the hospital. It was on a Sunday evening.

The driver engaged the services of my brother, who was practicing as a lawyer in Lagos, but came home for the weekend. As it happened, the case came before my dad on Monday. To my horror, it was thrown out on technical grounds the following day. Technical grounds my foot; we all witnessed the commotion that greeted the manslaughter event. I challenged my brother to explain to me why a culprit should be allowed to go scot-free. He told me with pride that the victim was not identified at the site of the accident as a mask usually covered the face of a masquerade. The prosecution was unable to establish the identity of the accident victim in court. He therefore sized the opportunity to submit that his client had no case to answer.

Two things disturbed me. I accused however mildly, my dad and my brother of partisanship or favoritism. Both denied anything of the sort. Secondly, I could not understand why a guilty person should be allowed to go scot-free. However, the legal minds told me that until proved, he was not guilty. The effect on my life was immediate. If that was part of the things a lawyer would be paid for, I should not like to become one.

My choice of profession shifted to medicine. I decided to become a surgeon. The biology syllabus of the Cambridge School Certificate Exam at that time demanded that a student should dissect a frog, study and draw the internal organs. I approached the period with excited expectation. This was about three years after I abandoned the law profession. Frog was in good supply. So it was you to your frog. During the class, I considered it cruel to apply chloroform to knock the frog out. A classmate did it for me. With the frog still visibly breathing, I pinned the ends of the four limbs to the board, with the underside up. Using the surgical blade, I slit the frog’s belly open. As I did so, blood trickled out. I could not take it. I ran out, and failed to submit any report. That put paid to my ambition to become a surgeon. I immediately regarded medical doctors hard hearted, wondering how they had the nerve to cut human beings up.

At the end of my second year in the high school, I privately went through the algebra and geometry syllabi for the school-leaving Cambridge Exam. While still in school, I flirted with making a profession out of chemistry; but I considered it not mathematical enough. After I left school, I looked at engineering as it was suggested to me at the Science School. The endless engineering drawings put me off. I settled for physics because I found it more challenging than merely applying formulae to solve problems.

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Wife Simulator

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Every vital item that demands skillful handling has a simulator. Expensive aircraft like a passenger plane, which carries a large number of passengers who sue for damages in case of any accident, has simulators. The pilots, despite their commercial licences, vast experience in different types of aircraft, and number of flying hours they logged in go through a detailed course of a simulator before they fly the plane.

The simulator provides all types of situations and emergencies ranging from minor air turbulence to total engine failure. The pilot learns to handle all possible contingencies correctly. At the end of the training, he qualifies and gets a certificate of competency provided he shows satisfactory reflexes, responses and prescribed reaction time. The Air Force Pilots train, in addition, to attack, counterattack and dodge the enemy aircraft and missiles.

Similarly, ships’ officers, who carry out watch keeping to the Master in command, also go through a simulator to handle all emergencies and learn various aspects of ship handling. Even the officers of navies, who take immense pride in handling any warship under any circumstances, train on a simulator. Today, simulators have become standard equipment whenever a ship or aircraft is designed and built. The stakes have become extremely high, and the ships with their cargo or missile systems cost a fortune; even a minor error of judgement is likely to cost in millions.

The simulator for a spacecraft is even more complicated as it trains the astronauts in conditions ranging from negative gravity to many Gs. The Astronauts go through even potty training as the living conditions on board a space craft are altogether different.

In short, all professionals including Doctors, lawyers, accountants and even hairdressers have licences or certificates of competency which they proudly display. The only people who perform their functions without such certificates are the politicians and husbands. Since politicians are a law unto themselves, this piece is about the husbands.

The same personnel trained to almost perfection to handle complicated and expensive leviathans come a cropper while handling their own wives. This failing on the domestic front is not confined to only those trained on simulators and unfortunately, had spread among all males of different vocations. Many a marriage is ending in divorce, and the interpersonal relationship between the husband and wife is getting increasingly strained in most cases. Gone are the days when the couples married and lived happily thereafter.

The women are getting more and more articulate and strident to the point of making a BILL OF RIGHTS of wives.

It would be naïve to dismiss such demands of the wives as insignificant. In the changed situation of today, marriages are for keeps as divorces, apart from being messy, are frightfully expensive and shatter the lives of the offspring. The threat of the dreadful AIDS is keeping the man confined to a single partner. Changing partners frequently and multiple marriages are passé.

The need of the hour is to preserve the marriage at any cost, weather many a storm and handle all types of situations with consummate aplomb and finesse. Unfortunately, not all men are endowed with such skills and hence the need for some special training to all husbands.

There can be no better training than a wife simulator which will provide the numerous responses of the wife in all varying situations at different places. If a man is trained, in practical intelligence, to press the correct switches at the right time, to give the right response, to utter the right words at the right time and to handle the wife deftly, he stands a much better chance of navigating his way through the bumpy roads of marital life. He may even live long in marital bliss.

Some countries, extrapolating the matter, now insist on submission of blood reports before marriage. Even in India where AIDS is rampant, a blood test showing HIV negative is being made mandatory before marriage. The bride’s party should not be faulted if they ask the groom to produce a competency certificate issued after training at the wife simulator.

Designing a wife simulator is no easy task, for women, unlike ships and aircraft, come in numerous sizes, shapes, hues, attitudes and dispositions. They are more complex than the machines. However, the techies, who design fly by wire aircraft and other complex machines, can surely measure up to the task taking the help of computer techies. India with a large number of women of caste, creed, cultural, and linguistic diversity can provide a broad database.

This proposal to create a wife simulator may sound as science-fiction today but is bound to be a reality soon as it is getting more and more difficult to be a man and a husband, nowadays.

Soon, husbands also may ask their brides to be for a similar certificate of competency issued by the husband simulator before they say “I do.”

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Lilly Ledbetter Fair Pay Act – What Employers Need to Know

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Here is a straightforward explanation of how this Act affects you as an employer.

The Ledbetter Case

In 2007, the United States Supreme Court ruled on the case of Ledbetter v. Goodyear. Ms. Ledbetter, a 20-year employee of Goodyear, claimed that, in her early years at Goodyear, her supervisors discriminated against her by unfairly evaluating her performance less favorably than her male counter-parts, resulting in lower salary increases. She believed that those discriminatory evaluations affected every paycheck she received throughout her tenure with Goodyear. As such, she argued the right to bring a claim of discrimination based on each paycheck she received that was less as a result of the evaluations, even though they were years after the last discriminatory evaluation had been conducted. The Supreme Court disagreed, saying that Ms. Ledbetter needed to have brought her discrimination claim within 180 days of the actual discriminatory decisions, i.e., when the evaluations happened. She could not bring a claim based on the affects of the prior decisions.

The Ledbetter Act

President Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009, overturning this Supreme Court decision. The law now permits an employee to bring a claim for discrimination 180 days from not only a discriminatory compensation decision, but also any affects of that decision. Even if the discriminatory action (i.e., an evaluation) happened 20 years ago, an employee can bring a claim based on a current paycheck reflecting a lesser salary than male counter-parts, which the employee can argue is the result of the 20-year old decision.

What can you do? Evaluate and Document, Document, Document

“Don’t discriminate” is the easy answer. Unfortunately, we all know that it is impossible to control the whims of every supervisor, even with the best training and policies. Not discriminating is definitely a first step, however, what this Act really requires is good documentation. Too often employers find themselves in court defending a long-term employee’s claim with no documentation to show why certain decisions were made.

It is vitally important to document employee evaluations and decisions that affect their compensation and to keep this documentation in the employee’s personnel file. Having detailed documentation to demonstrate why an employee was evaluated a certain way or to explain why certain compensation decisions were made provides some institutional memory and proof that can help avoid or defend against claims that may come years after the decision was made.

You can also evaluate how your employees are being compensated. Examine each position. Are there large salary discrepancies from one person to the next? Is there some reasonable explanation for that discrepancy, e.g., seniority, experience, skill level, or geographic area? A good negotiator can end up with a significantly greater salary than an equally experienced and qualified counter-part. That is the beginning of a discrimination claim. As much as possible, you want to avoid discrepancies and, when they are discovered, make some effort to correct them. There is no guarantee that you will never face a discrimination claim under this Act, but by evaluating how employees are compensated and documenting compensation decisions, you can go a long way toward preventing claims and putting yourself in the best position to defend against any you face.

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Michigan Minor in Possession – Knowledge is Defense For the Tough Michigan Law

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Background of Michigan’s Minor in Possession of Alcohol (MIP) Law

Public Act No. 63 was signed by Governor Jennifer Granholm on April 12, 2004, giving Michigan one of the toughest Minor in Possession (MIP) laws in the country. The MIP Michigan law was first revised in the year 1998 and Public Act No. 63 is the first major revision after that.

Being “in possession of alcohol” has had its definition amended to where blood alcohol content (BAC) is now included explicitly in the definition. Under the new MIP law now, “any bodily alcohol content” is prohibited.

Michigan law specifically provides that “A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content.” A violation of this act constitutes a misdemeanor.

Consequences of a Minor in Possession of Alcohol (MIP) Conviction

A conviction for Minor in Possession (MIP) has very serious consequences. First, it is important to note that a violation of a Minor in Possession (MIP) is a misdemeanor, which means that this is a criminal offense. In Michigan, most misdemeanors are punishable by up to 93 days in jail and/or a $500.00 fine. The Michigan Secretary of State also imposes licensing sanctions on drivers convicted of a Minor in Possession (MIP). A Minor in Possession (MIP) conviction will be permanently displayed on your public record. In addition, a Minor in Possession (MIP) conviction can impact your eligibility for student loans, housing, employment, insurance rates, etc. That’s why if you have been charged with or are the parent of a child that has been charged with a Minor in Possession (MIP) it is crucial to retain an attorney to represent you.

What to do After Being Charged with a Minor in Possession (MIP)

Never plead guilty at your arraignment. Nowadays, many judges routinely accept guilty pleas at an individual’s first court appearance. Remember that a judge is not your lawyer and does not represent your interests. That is precisely why it is so critical to retain an attorney to represent you. We will explore all facets of your matter to determine if there are Constitutional violations which may enable us to seek a dismissal of your charges. Even if you are truly guilty we still may be able to negotiate a reduced plea that will not have harsh consequences on your future.

Our Familiarity with the Courts…

One of the greatest advantages of hiring our firm is the connections we bring to the process. Typically we know the prosecutor and the judge and thus are equipped to negotiate a better deal than you could on your own. For this reason, looking for an attorney who practices in the county where you were cited is particularly helpful. That said we regularly practice in the district and circuit courts of the counties of Oakland, Macomb, Wayne, and Lapeer.

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Situations, the causes of medical malpractice called

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Since science and technology industries, people are increasingly popular way of medicine. This is probably why the doctors can be found in many areas of the world today, especially in Oakland, California. It is not surprising that commit to a large number of young people and children to a doctor or therapist one day.

What I do not know that a doctor is not easy. In addition to being experts in human anatomy,Physicians are responsible for the treatment and cure of the condition of their patients. What makes it difficult to treat and cure? Apart from the fact that some serious diseases that are without a cure, doctors are completely entrusted with the lives of their patients. This means that a single mistake can ruin the reputation of a doctor.

Unfortunately, even the best doctors can make more mistakes. Finally, doctors are only human. Many malpractice cases have been reported recently. Among the many situationscause of medical malpractice are as follows.

Surgical Errors

Surgical errors behave as a reason for medical malpractice, because many of these accidents lead to significant health risks, even death. These occur frequently in organ transplantation or surgery for victims of road accidents. Oakland motorcycle accident A lawyer can say, reasons that belong to relaunch the process, medical malpractice, the failure of the doctor of a dyingPatient.

Errors of intravenous therapy

The (IV) intravenous therapy is very important for all patients, especially those who are very sick. IV therapy is used as a source of patient medications and nutrition, conservation of energy in the body and disease resistance. Oakland A medical malpractice lawyer explains that every practice IV therapy requires very risky. This is because a number of complaints you can do with it. This includes the improper injectionDrugs, drug abuse, wrong at the right time administration, overdose, and the effects of the drug from the wrong combination of drugs.

Errors in diagnosis

Diagnose conditions and diseases is one of the roles of doctors and physicians. It 'been treated many cases of misdiagnosis by an Oakland attorney malpractice. This is often determined by your doctor precisely the condition causing the failure of a patient, the prescription of inappropriateMedications and treatments in the process.

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