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February 4, 2010

UMass wins approval for public law school

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The Boston state Board of Higher Education paved way yesterday for the U. of Massachusetts to open the state’s first public law school, supporting the idea of affordable law degrees and more students choosing public-service careers.

UMass, which triumphed an acrimonious challenge from 3 private law schools and Beacon Hill detractors, wasted no time launching a recruitment drive: signs advertising the new law school were hung, a webpage assisting applicants went up, and one-hundred blue-and-gold baseball caps emblazoned with the school’s name were distributed.

“We’ve been trying to do this in Massachusetts for nearly half a century, and we’ve been beaten back several times,’’ Richard Freeland, state commissioner for higher ed., stated in an interview after the board meeting at Bridgewater State College. “If we hadn’t gotten this done today, it would be another 50 years.’’

This is a tremendous achievement for the University of Massachusetts.  GO UMASS!

Michael Jackson’s Doctor Prepares for Charges This Week

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Michael Jackson’s personal physician could face criminal charges as early as Wednesday, his attorney tells PEOPLE.  Typically a criminal defense lawyer is going to defend Dr. Conrad so he hopefully does not go to jail.  As stated on an El Paso Criminal Defense Lawyer’s website - their main goal is to protect your rights: Not everyone cares about owning a gun, but some people do and they have a right to carry one—unless they’re felons. Felons can’t vote, either. If you like having a voice in your government’s decisions, you do not want to be a felon.

Dr. Conrad Murray’s criminal defense attorney, J. Michael Flanagan, says his client is in Los Angeles and prepared to go to court. "He’ll be available," the lawyer says.

 

 

 

February 3, 2010

Denied Visa Application - Who Can Help

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Before even getting to the waiver application, the consular officer first determines if the alien is otherwise qualified for the requested nonimmigrant visa.  If the visa application is denied, then the consular officer will not even review the waiver application.  Therefore, practitioners should ensure that visa applications themselves are well prepared and approvable.  In addition, practitioners should be aware that, except for H-1B, L and V visas which are dual intent visas, does not trump immigrant intent.  In fact, once the consulate denies a visa, no review of waiver is required.  Therefore, every effort should be made to make sure the visa application itself is not denied.  

In addition, practitioners should be reminded that while New York City K visas are technically nonimmigrant visas and therefore K-1 and K-3 visa applicants are generally eligible for waivers, a grant of a waiver alone is not enough.  The applicant must also prove that they are eligible for an immigrant visa waiver when they apply for adjustment of status after entering the United States in K status.  For example, a person inadmissible for having been convicted of a crime involving moral turpitude must also prove that he or she is eligible for a waiver.

This article was provided by the immigration attorneys of Bretz and Coven, helping with New York City visas, at 305 Broadway, Suite 100, New York, NY 10007-1109. 

Copyright© 2009, American Immigration Lawyers Association.  Reprinted, with permission, from Navigating the Fundamentals of Immigration Law 381 (2009-10 ed.)

The Adjudication Process in New York

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If the consular officer determines that the visa is approvable on substantive grounds but the applicant is inadmissible, the consular officer reviews the waiver application for “recommendation.”  Even if the consular officer recommends approval, it is DHS that makes the final determination on the waiver application.  Therefore, the applicant must convince both the consulate and DHS. 

If the consular officer chooses not to recommend the waiver and DOS does not overrule the officer, the waiver is not forwarded to DHS.  If the consular officer recommends approval a favorable recommendation is submitted to one of the following: (1) the distinct director in the U.S. at the intended port of entry; (2) the district director in Bangkok, Mexico City, or Rome, the district with jurisdiction over the consular post; or (2) the secretary of state to transmit to the district director in Washington D.C.  Most consular recommendations are submitted to officers in charge overseas.  If DHS approves the waiver, then the alien is requested to return to the consulate for the visa to be issues with annotations or restrictions depending on the circumstances.

In an emergent situation, the consular officer may request the DHS grant the waiver expeditiously and the decision be communicated orally.  The consular officer must promptly forward a written follow up request to the DHS office.  Written requests are in the form of a telegram or memorandum from the consular post to DHS, plus DOS Form OF-221.  DHS approves the request by placing a district office approval stamp on the request, with any travel restrictions hand-written under the approval stamp, and a copy of the authorization is sent to the consulate. 

November 19, 2009

Chicago Workers Compensation Attorneys

If you have been injured at your workplace you need to know the legal facts about the law and your injury.  Contact the experienced Chicago workers compensation lawyers of Allegretti & Associates help resolve work related disputes and get the benefits you are entitled to. 

Injuries that occur at work are usually covered under the Chicago works comp law.  Workers Compensation is when an employee is injured at work and may be eligible to recover money or benefits from the employer.  Depending on your individual case, workers compensation in Chicago provides medical and disability benefits to injured workers and normally precludes personal injury lawsuits against the employer.  Some workers are not entitled for workers compensation benefits and some workers that are eligible have cases that are complicated by several sources of negligence.  Under these conditions, or when claims are disputed by the employer or by the insurance company, our qualified workers compensation attorney in Chicago, James Allegretti can help to resolve complicated

Contact our Chicago office today at 866-745-1531 to discuss your worker compensation claim in Chicago with a qualified lawyer or simply fill out the contact us form on our website.

November 10, 2009

Philadelphia Workers Comp Settlement

As with all strikes the recent SEPTA strike in Philadelphia this week brings with it debate over unions and the rights of workers to strike and bargain collectively.

The Philadelphia workers compensation lawyers of Galfand Berger in Pennslyvania have been handling workers comp claims for more than 60 years. Over the years the firm has won numerous verdicts and settlements in Pennsylvania and New Jersey. One of their most high profile cases involved the local steel workers union and the company Rohm and Haas. In this decision which was brought to the court in the Eastern District of Pennsylvania.   Galfand Berger represented the Union against Rohm and Haas with the argument that they did not allow denials of disability income benefits to be appealed through greivance and arbitration as was required by the collective  bargaining agreement. The court ruled in favor of the Union with the decision that the company had to honor the workers right to appeal denials of disability without having to bring a lawsuit everytime benefits were denied.

Related Resources:
Galfand Berger Legal Blog
Personal Injury in Philadlephia

SEPTA Strike in Philadelphia

The six day SEPTA strike in Philadelphia ended yesterday. When strikes such as these occur they often bring Philadelpha firms into the spotlight and highlight legal issues besides just the contract negotations at hand but also the other underlying issues such as the rights and the power of unions, not to mention workers compensation and labor law.

According to an article in the The Philadelphia Inquirer, many Philadelphia commuters were angry at the way it was handled by the Transport Union. The Inquirer ran another article about the package rejected by the workers that was titled "Rejected Package Wasn’t So Bad" citing Philadephia labor lawyers and quoting the national director of research and collective bargaining for the American Federation of State, County and Municipal Employees, Kerri Korpo as saying:

"In general, we are in the throes of a serious budget problem among our employers, and we are seeing a lot of pressure to solve those problems on the backs of our members. We’ve seen a lot of wage freezes"

When a SEPTA strike loomed back in February of this year Paul Nussbaum wrote an article discussing the fact that in cases such as these SEPTA hires outside counsel from top Philadelphia firms that come with a price tag of about $7 million dollars a year in spite of having their own team of 31 lawyers in house.  Nussbaum points out:

When Regional Rail workers file injured-on-the-job claims, SEPTA turns to a small wife-and-husband Philadelphia firm to handle the cases. When contract disputes arise with contractors rebuilding the Market Street Elevated line in West Philadelphia, SEPTA hires a 10-lawyer practice to deal with them.

November 6, 2009

The Advantages of Collaborative Divorce

The divorce process can create turmoil for your children and yourself. A less adversarial alternative to traditional divorce exists in collaborative divorce.  Houston family law attorney Richard Lybarger specializes in helping his clients dissolve their marriage in a way that considers everyone’s needs and minimizes conflict.

You should consider collaborative divorce if:

  • You believe it is important to protect your children from the harm litigation can inflict
  • You place a high value on personal responsibility in resolving conflict
  • You are able to focus on a positive solution for the entire family
  • What are the Advantages of Collaborative Divorce?

  • You and your spouse take responsibility for shaping the settlement as the key members of the team.  You retain control instead of giving up decision-making authority to a judge.
  • You reduce the anxiety of the threat of going to court.
  • You save resources. The collaborative process is usually less costly and time-consuming than litigation. When you reach an agreement, it can be finalized within a shorter time frame. You are not bogged down for months while you wait for discovery responses, deposition dates, expert witness reports, and a court date.
  • You gain an outcome that is tailored to your family.  Every family is different and deserves a unique solution to the issues raised in a separation or divorce proceeding. Your final agreement is frequently more detailed and complete than any order that would be issued by a judge after a contested court proceeding.
  • You create a climate of cooperation in which you and your family can thrive in the face of transition.

    Collaborative divorce offers you flexibility to address everyone’s legal, financial, and emotional needs. The collaborative divorce process recognizes that, while the marriage may be ending, family relationships and obligations continue, especially when children are involved. When couples and their advocates take a less adversarial approach, the entire family benefits.

    If you are researching Houston family lawyers who specialize in collaborative divorce, call Attorney Richard Lybarger for skilled, compassionate and assertive representation.

  • September 10, 2009

    San Francisco Real Estate Attorney

    San Francisco business lawyer, Glen Lerner has over 30 years of experience practicing law in California. A founder of Lerner Veit & Stanaland, he is known for his expertise as a San Francisco real estate lawyer and for his work in business creation, operation, dissolution, corporate governance and mergers and acquisitions.

    Education
    Mr. Lerner received his JD from University of Wisconsin-Madison, School of Law and is a member of the California Bar Association.

    Practice Areas:
    Areas of practice include: business, corporate partnership law, real estate law, and mergers and acquisitions.  

    San Francisco Real Estate & Business Law Resources
    Lerner Law Blog
    Commercial Real Estate Attorney in San Francisco
    Residential Real Estate Attorney in San Francisco

    Criminal Charges Filed in Seattle Nursing Home Neglect Case

    In King County, Seattle criminal charges have been filed against the manager of a Kirkland eldercare facility, Effie Tutor.

    87 year old Alzheimer’s patient Jean Rudolph was under Tutor’s care when she died in 2008. Her death is believed to be due in part to a bone condition related to severe bed sores. Tutor has been charged with first degree, criminal mistreatment and the owner of the home, Patti Goodwill has been charged with the misdemeanor, failure to report.

    The home was closed following an investigation by the Department of Social and Health Services in May of 2008 revealed the details of Rudolphs’ death as well as document falsification in regards to employee records.

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