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Estate of Smith v. Salvesen – Unsafe Stairway

Stairways are an inherently dangerous feature of any structure. That’s why building codes are very specific about the standards required, which may vary depending on the type of structure and it’s function. It’s estimated tens of thousands of people in North America die as a result of stairway falls every year. Although many stairway falls are caused by loss of balance, often due... 

New York hedge fund manager spared prison in fraud case

A Manhattan judge sentenced a hedge fund manager to probation rather than prison for securities fraud, saying that the defendant had taken responsibility for his crimes quickly. U.S. District Judge Robert Sweet sentenced Owen Li, the founder of Canarsie Capital LLC, to probation. The judge earlier indicated that he was likely to give Li a five-year prison sentence, which was in line with the recommendations... 

Confusion over drug names leads to medication errors

According to the Food and Drug Administration (FDA), some physicians and pharmacists are experiencing some confusion over the similarity of the names of an antidepressant and a blood-thinning medication. Although the FDA claims it is unaware of anyone who consumed the wrong medication, the agency said it received 50 reports of medication errors, including instances where physicians gave the incorrect... 

Family of Teen Killed In Hayride Crash Files Wrongful Death Lawsuit

There are two main reasons people file lawsuits – to be compensated for damages resulting from the negligence of someone else and to bring awareness to prevent the negligence from happening to others. A wrongful death lawsuit has been filed against the farm where a 17-year-old girl was killed in a hayride crash in October 2014. During a Gauntlet Haunted Night Ride at Harvest Hills Farm in Mechanic... 

H-1B employers sue USCIS alleging that lottery regulations are invalid

Two companies have sued the U.S. Citizenship and Immigration Services (USCIS) seeking to set aside the current H-1B visa lottery system. The H-1B visa classification permits a U.S. employer to offer a professional position to a degreed foreign national and employ that foreign national to work in such a position in the United States. Tenrec, Inc., a web development company, sought to hire a Ukrainian... 

Spangler v. McQuitty – Wrongful Death Creates a New Cause of Action

Many parents who know the devastation caused by a birth injury. They have come face-to-face with how profoundly different their life is than the one they imagined before their child was born. They mourn for all the experiences their child will not be able to have.  And then, they take action. Pursuing a birth injury lawsuit in Miami is a tough endeavor. These are often complex cases and the stakes... 

Out of Control Driver Flees Scene after Fatally Striking Pedestrian, Injuring Three Others

A pedestrian was killed and a bicyclist was injured when a hit-and-run driver lost control of her vehicle and jumped the sidewalk, striking both women. The driver continued at a high rate of speed before colliding with two vehicles, a Mini Cooper and a Toyota Camry, that were stopped at a traffic light. When her car finally came to a stop, the driver fled the scene. She was later apprehended by police... 

ESTABLISHING A DISABILITY ANNUITY TRUST FOR A BENEFICIARY RECEIVING SSDI OR SSI

by Thomas D. Begley, Jr., CELA A Disability Annuity Trust (“DAT”) can be established for a disabled child or any disabled individual.[1] However, in considering the use of a DAT for a disabled person, care must be taken to examine the other government benefits currently being received, or which may be received in the future by the person with disabilities. If the person with disabilities is receiving... 

EB-5 Woes

The EB-5 Regional Center program is undergoing change from every direction: its statutory existence is set to expire in about 2 months absent legislation to extend it; there are long delays in USCIS EB-5 petition processing, and significantly, there is a large EB-5 visa backlog owing to increased EB-5 demand from China to date, a country from where about 85% of EB-5 program users originate, which may... 

J&J Accused of “Human Experimentation” With Deadly Bone Cement

We all know that surgery can be risky. Patients have the right of informed consent. That means, wherever possible, patients will be given all the information they need to make an informed choice about their care. That includes being told what the risks could be of certain procedures, medical devices and medications.  Johnson & Johnson is being accused of violating patients’ rights in this... 
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