Many divorcing couples usually end up in court, especially if their case involves multiple businesses and/or multi-million dollar estates. A court litigated divorce, also called Contested divorce, since it is the traditional way of resolving divorce cases, is the path many couples take. This divorce process, however, besides being adversarial in approach, leaving spouses feeling bitter towards each other in the end, is also open to the public, can drag on for months or years and can be really costly due to court fees, attorney’s fee and other expenses related to the case (it becomes still more expensive if expert opinions are sought, if there are more issues to settle and if the case takes a long time to finish. Issues that need to be settled may include child custody, visitation rights, child support, spousal support or alimony, and division of property, assets and debts.
Due to the kind of approach and effects of a litigated divorce, many couples are inclined to find an alternative way through which they can settle their divorce – an alternative dispute resolution process that is faster, less costly and more peaceful. Courts, also, make it a point to encourage, or even require, spouses to go through mediation first and to try to solve their divorce quicker and with less complexity.
One alternative way is through arbitration – an alternative dispute resolution, wherein an arbitrator or a third party individual (can be a lawyer or a retired judge) chosen and hired by the spouses, acts as a private judge.
In this divorce procedure, both spouses prepare their arguments and evidence which they, through their respective lawyers, will present to the arbitrator who, in turn, will decide on the case. The divorce issues that can be settled in arbitration include child custody, visitation rights and schedule, child and/or spousal support, division of property and assets, and modifications to a former divorce decree. The issue of a final divorce order, however, cannot be arbitrated since arbitrators do not have the authority to grant a divorce, annul a marriage, or change official family status.
All decisions made by an arbitrator are binding, even if both spouses find these disagreeable (being contrary to their interests). These cannot be appealed to a higher court either, making both spouses stuck with whatever an arbitrator decides.
An article posted the website of the law firm Kirker Davis, LLP, talks about the benefits of divorce arbitration, such as privacy, efficiency, informality and cost-efficiency. Though arbitration has been used as an alternative dispute resolution for many years, not all states recognize it. Couples who have considered ending their union through divorce arbitration better ask a lawyer first if this particular divorce process is available in their state.
A Joint Venture is a legal organization that is formed by two or more individuals, groups of individuals, corporations or companies for the purpose of achieving a specific objective. This short term legal partnership, which is usually formed for purposes that include saving money and sharing risks, has become popular in recent years despite the relatively high failure rate it has registered.
The two major causes of joint venture failure are idea theft and management of the partnership that frequently results to friction. There are situations wherein a manager of one company is simply more decisive than his/her counterpart from the other firm. This leads to lack of cooperation and tension, making the project or goal difficult to pursue and achieve. Idea theft,on the other hand, is an often familiar scenario in joint ventures between small companies and large firms, wherein the former plan to advance or market a new product idea. Despite small companies’ efforts to protect themselves by keeping key information and through the use of nondisclosure agreements, their need for the larger company’s market distribution network and/or resources often see them sharing proprietary information even before the creation of contracts that are supposed to strictly outline the conditions under which the venturers will develop their project. In the end, many small companies find themselves out of business, while their ideas still reach the market – a case that always ends up in court.
If the parties are able to work together and trust each other, however, then their partnership can usher in advantages and benefits that far outnumber the causes of failure. Some of the most significant benefits of a joint venture include:
As explained by the Russo, Russo & Slania, P.C. law firm, business owners make different choices which can profoundly influence the course of their company’s development and progress. In connection to this, consulting with a qualified legal professional for advice may be something they should never miss out as this can prove to be invaluable and truly beneficial to their company’s future.
Since that first aviation accident on September 17, 1908, the aviation industry has continuously improved, equipping planes with the latest safety standards and making these the fastest and safest means of long-distance and overseas travel. This high safety rate in the air travel industry, with only 138 fatalities annually, is affirmed by the Aviation Safety Network and other transportation authorities.
Despite the continuous upgrades in the design, especially of commercial planes, and in the air traffic control(ATC) system, changes aimed at strengthening teamwork among the flight personnel and eradication of the concept that the “captain is god” have also been implemented.
The installation of the latest safety standards, upgrade in design and all other changes, however, will prove useless if the one who has control of the plane will not strictly follow flight procedures or if anyone else, whose job affects a flight, will not perform well the job assigned to him/her.
There are different known causes of aviation accidents; the ones most commonly recorded are mechanical malfunction or defect, airline liability or negligence, air traffic controller error and pilot error. The number one type of aviation mishap that results from the causes of aviation accidents listed above is airplane crash during approach or touchdown. The greatest risk factor for approach or touchdown crashes is unstabilized approach. This refers to an aircraft’s failure to maintain speed, descent rate, and vertical/lateral flight path.
According to the U.S. Federal Aviation Administration, the agency that governs the US aviation industry, a proper approach is highly critical to safety; thus, being able to persuade pilots to conduct a go-around, instead of forcing a landing, can very well result to lives saved and zero or lower cost of damage to the aircraft.
A pilot committing an error while taking off or touching down is just one of the so many other mistakes pilots have been found to be guilty of in the past. These mistakes include:
As explained in the website of the law firm Hankey Law Office, proving pilot error to be the cause of an airplane accident can be very difficult. Since most lawsuits brought against airplane pilots are based on standard definitions of negligence, it is important to have a lawyer to make sure all of criteria necessary to prove negligence are met.
A new study recently published in a peer-reviewed open-access journal PLOS Medicine showed that when elderly people participate in health risk assessments and personalized counseling regarding health care matters, they tend to be more aware of the health risks that age maturation might bring them and are thus more likely to take preventative steps towards ensuring that they are not exposed to such risks.
Andreas Stuck of the University Hospital Bern of Switzerland, the study’s lead author, said they were able to convince 874 healthy elderly people over the age of 65 to fill out questionnaires seeking to find out potential health risk factors that are particularly relevant to old age.
Stuck said that the study, which was conducted between the years 2000 and 2002, found out that “prevention [of health risks] in old age is likely effective, but only if risk assessment is combined with individualized counseling over an extended period of time”.
After the two-year study, the researchers compared the risk assessment group to another group composed of 1,000 people who were not subjected to constant counseling and health risk assessment surveys. The researchers found out that 70% of the people who completed the health risk assessments continued to exercise and engage in physical activitie and that 66% of them made it a point to get seasonal flu vaccines, as compared with 62% and 59% of the comparison group, respectively.
Also, after eight years, Stuck added, 78% of the elderly people who engage in health risk assessment were still alive as compared to the 73% of people who did not do so.
According to SeniorAdvice.com, elderly people aged 65 years and above should be encouraged to quit smoking, do away with diets rich in healthy fats, and engage in aerobic exercise and minimal physical activity. This is important so as to prevent the development of cancer, which is the second leading cause of death in adults 65 years and older.
Cerebral palsy is a considerable condition that’s deep results on a flexibility that is person’s, impairing their ability to preserve balance and pose. As the Centers for Disease Control and Prevention or CDC put it, the condition is generally accepted as among the many factors behind motor disability. These identified as having cerebral palsy encounter quite a few unique indicators distinct to each type of the situation. Overall, patients with cerebral palsy have problems controlling action inside the arms and legs and muscle stiffness, along with muscles.
A number are of answers to what causes cerebral palsy. ‘CP’ occurs on account of abnormalities in brain growth. In a few scenarios, these problems are due to damage to certain areas of mental performance which controls action. Together with that, there’s also regarding how brain damage or harm causes this disorder, distinct cases. According to the website of the Driscoll Firm, these circumstances might be medical in nature. Listed here are a number of the several scenarios that cause developmental issues with the head of the infant, and will complicate pregnancy or childbirth:
The beginning of a kid should indeed be a most profound moment for parents. It’s unfortunate that such a long-awaited and negligent mistakes committed by members of the team can be easily become a crucial situation and hinder the enjoyment. Problems built during pregrency and labor may have significant and long term implications for your infant, producing serious medical conditions including cerebral palsy.
Patients of hip or knee replacement surgeries are often in danger of deep vein thrombosis (DVT). There is a vein located deep within the muscle of the leg that can only circulate blood with movement. If the flow of blood stops due to disuse, there is a chance for clotting to occur, which could lead to cardiac arrest if left untreated. This is why it is recommended that people move around every few hours during long flights in order to prevent DVT.
Another preventative measure against DVT is taking an anticoagulant drug. One of the most popular in the market right now, according to the website of Williams Kherkher, is a blood thinning agent called Xarelto, also known by the name of its most active ingredient: rivaroxaban.
It was approved by the US Food and Drug Administration (FDA) in 2011 and currently worldwide, its sales amount to around $1 billion. However, there are dangerous side effects that have been directly linked with the taking of Xarelto.
One such side effect is finding blood in your urine or having discolored urine. This could mean that your body is trying to tell you that there is something wrong. One cause of this is severe gastrointestinal bleeding, which is one of the more damaging side effects that has been claimed to be caused by taking Xarelto. Other minor side effects include discolored stool as well as muscle weakness. These, too, are symptoms of internal bleeding. Another kind of bleeding that can occur due to Xarelto is brain hemorrhaging.
If a vein in the brain is blocked, it could burst and bleed out onto the brain. This often causes spasms or strokes that could, if left improperly treated, could cause permanent disability or even death. There are no procedures in place that are a direct response to side effects of taking Xarelto and awareness of these side effects of severe bleeding are not made blatantly known to patients taking them.
Mineral rights, also known as mineral estate, refer to the legal rights of a person to sell, lease, bequeath or give as a gift the minerals found on a piece of property (which may or may not belong to him – either because he/she bought only the rights that will cover whatever minerals may be found on or underneath the land or because he has already sold the land, but not the mineral rights on the land, to another person or firm).
With the boom in the shale oil and gas industry in the US, selling or leasing one’s mineral rights has become one of the hottest issues among owners of property within the shale regions in the nation. According to the U.S. Energy Information Administration (EIA), the top producing shale areas in the country include:
For these owners, the decision to either lease or sell mineral rights will need to be considered exhaustively to make sure that they will never regret the decision they pursued. For while some caution others never to sell since the amount of profits that they will get through leasing their mineral rights will eventually equal or even exceed the amount offered in a sale, others, rather, decide to sell for the idea of leasing is much riskier than selling.
This is because selling mineral rights guarantees sure, immediate and substantial cash, which is often more than enough to last the owner and his/her family for many years. It will also save the owner from significant tax increases (which he/she will have to keep paying if the rights were only leased).
Leasing one’s mineral rights, on the other hand, may prove a better decision, but only if the land will yield an abundance. A property that will not produce the expected amount of shale oil or gas will immediately decrease in value and turn up a liability, instead of a big asset, for the owner.
Before making an actual decision, though, it is necessary that the land owner understands all the advantages, and possible risks and consequences of selling or leasing his/her mineral rights.
Emotions are known to run high in high stress situations, especially in cases wherein there has been the loss of human life. The deceased could have been the primary source of income for a family, leaving several people suddenly without financial means.
There are also then the expenses brought on by any medical bills or medications brought on before the death as well as taking care of the funeral and whatnot. These can be difficult times for anyone and so it is important that if the death was caused the negligent actions of a guilty party, legal action must be taken.
According to the website of attorneys with Abel Law, there are many intricacies that come into play when it comes to a wrongful death claim. It can be a trying time for anyone involved as there must then be investigations and inquiries with the regard to the nature of the death that must be found out in order to properly represent the case in a court of law.
This is, of course, undoubtedly difficult to think about – especially since the wound of the grief is still so fresh, there is not a lot of time that is left for those left behind to seek justice for this wrongful action due to the fact that there are strict deadlines that come into play when it comes to cases like this.
If you or someone you know is currently having to suffer through the loss of a loved one due to the reckless or negligent actions of another party, you are warranted to seek legal aid in order to receive due compensation for the sudden loss.
Though it is true that there is no amount of money that could ever replace the life that was taken to you, there is some small comfort and solace to be had when you could be granted the smoothest transition back into something close to normal as soon as possible.
There are quite a number of sites that detail how you can file a personal injury or product liability lawsuit without having recourse to lawyers. Technically, you can file a lawsuit on your own, so it is of course possible, but whether it is practical is another thing altogether.
Most people believe that they can save money by eliminating legal fees when they represent themselves in litigation. However, unless the plaintiff has had legal training, it may cost them more to do this in the long run, principally because their lawsuit will not prosper.
The main problem is that the laws pertaining to civil lawsuits are complex at best because they seldom stand alone; there is a network of laws that apply to a particular case that a layman would have difficulty in sorting out, let along prepare a case that will satisfy the legal requirements. For example, morcellator lawsuit lawyers would know precisely what statutes may apply to a case where the plaintiff suffered injury that required additional surgery, and what statutes apply to a plaintiff that died of complications. These are two completely different cases, and the amateur filer would have to do a lot of research and consultation to appreciate the difference, never mind filing a case citing the correct statutes.
There is also the problem of gathering evidence. In any personal injury lawsuit, the burden of proof is on the plaintiff. The plaintiff will have to prove that the defendant was not only negligent but caused the injury, and that often requires copious documents including but not limited to medical records, relevant financial information, and credible studies that support the allegations in a case. Most people would not know where to begin to ask, let alone acquire the resources to obtain the evidence to build a case.
The need for lawyers in a lawsuit is much like the need for a carpenter in a construction project. You can do it on your own, but you may not like the results. If you sustained serious injury because of a defective product such as power morcellators, you need to consult with experienced morcellator lawsuit lawyers to get the best possible results.
Interrogatories, in legal terms, are written questions relevant to the issues pertaining to the lawsuit that a one party sent to another to determine answers put in writing and signed under oath. These are used as part of the evidence gathering process and can help determine the possible issues that the case can tackle and how each party’s lawyers will respond and proceed with the case. The questions used in the interrogatories should be appropriate to the pertaining case, and only the two parties involved are the ones to respond to the questions in the interrogatories.
According to the website of Pohl & Berk, LLP, when you have been injured in an accident, interrogatories can play a vital part in winning your case. You or your lawyer should properly plan your interrogatories shortly after you have filed your lawsuit and getting the response from the defendant. Although you are allowed to ask any type of questions in your interrogatories, the law does not necessarily require the defendant to answer particular questions and that their lawyer can object to them if they deem them irrelevant or privileged. They are only required to answer such questions if the court instructs them to do so.
Habush Habush & Rottier S.C.® will tell you that the basic goal of the interrogatories is to collect evidence that would support your claim and the resulting damages and injuries you have sustained because of the accident. There are states that provide their basic form of questions for interrogatories and would provide a small space for specific questions that are relevant to the particular lawsuit. Plaintiffs should check with their state laws regarding interrogatories, as there are also others that limit the number according to the discretion of the court.
As each state have their own laws regarding personal injury lawsuits and car accident claims, if you have been injured in an accident in Tennessee, then it would make sense to hire a Tennessee car accident lawyer. They will be knowledgeable about how the state law would influence your case and how your rights should be exercised and protected during the whole claims process.