There are any number of reasons a person could benefit from hiring a San Diego personal injury attorney. If you've been in a car accident , a train, eighteen wheeler or bus accident, an accident that involved some sort of watercraft or off road vehicle, you should contact an injury lawyer. Console & Hollawell offers every one of our valued clients our No Fee Promise. People must be as cautious driving at night as they are during the day. Even though there are fewer cars on the road in the late evening or early morning hours, vehicle crashes can be just as deadly. Yesterday, in the pre-dawn darkness in Weld County, two semi-trucks collided resulting the death of one driver and injuries to the other driver. The crash happened on the northbound side of US 85 at Auto negligence with four young plaintiffs where the most culpable driver had minimal insurance coverage and the other driver was killed in the accident. One of the plaintiffs sustained a closed head injury; another suffered a mid-shaft femoral fracture. Settled prior to trial for a gross amount of $2,274,000, including $1,874,000 for the most significantly injured plaintiff. To find out more about the medical negligence cases we have taken on and won, take a look below. You will find cases relating to a range of injuries and illnesses, such as cancer, spinal injury, and cauda equina syndrome. Lawyer Services For Dental Negligence Indian Wells CA. We're close to�Yorktown, Newport News, Hampton, Poquoson and Williamsburg. We offer quick, safe and effective treatments that can lighten your teeth to transform your look. You should also know that the pursuit of a lawsuit alleging medical malpractice is exceedingly lengthy and complicated. It can also be extremely expensive. For these reasons, having legal representation with the resources and experience in this area is a critical part of in obtaining the best possible outcome. In many circumstances, both sides are partially at fault for an accident. What happens then? 6. Transfer legal custody pursuant to subdivision 5 of this section and order the parent to participate in such services and programs or to refrain from such conduct as the court may prescribe; or
Courthouse Connection Newsletter of the U.S. Courts, Western Missouri Volume 4, Issue 1 March 2012 Featured Article Inside this Edition Save the Date New CM/ECF Password Reset Feature April 4�Inn of Court CLE Luncheon New CM/ECF Password Reset Feature New District Judge Beth Phillips April 25�Open Doors of Federman Appointed as Chief Bankruptcy Judge Justice, Jefferson City 2012 Annual Dues Deadline May 1�FCAS Luncheon, KCMBA Headquarters Bond U.S. Court House Tours Internet Safety�Suggestions from the U.S. May 31�Bankruptcy Spring Attorney's Office Social FCAS Bench & Bar Dialogues Recap June 1�Koger Bankruptcy Symposium District Court Highlights � Springfield Magistrate Judge Vacancy June 28�Federal � Courtroom Changes for Judges Smith and Practitioners' Summer Kays Social, KCMBA On March 6, 2012, the District and Bankruptcy Courts Bankruptcy Court Highlights went live with a new CM/ECF password reset feature. June 29�D. Brook Bartlett This new feature allows users to reset their password � Verification by Debtors�New Local Form Lectures without having to contact the court for assistance. � Brown Bag Luncheons Engage Practitioners � Nominations Accepted for the Next Full Story Page 2 Aug. 8-10�8 th Circuit Generation Program Judicial Conference � 2011 Statistics Aug. 9�8th Circuit Judicial New District Judge Beth Phillips At the Circuit Level�8th Circuit Panel Hears Conf. Reception, Kauffman Arguments Center Court News and Notes Oct. 3�FCAS Bench & Bar � UMKC Hosts Trial Competition at the Dialogue Whittaker Courthouse � Courtroom Assistance for Hearing Impaired � PACER Fees to Increase April 1 Archives January 2012 September 2011 After receiving her commission from the President, June 2011 former U.S. Attorney Beth Phillips was sworn in as a March 2011 U.S. district judge for the Western District of Missouri December 2010 September 2010 on March 23, 2012. This was a small, informal June 2010 ceremony to allow the judge to begin her official March 2010 duties � a formal Investiture ceremony and enrobing All archived volumes will be held this summer. Full Story Page 3 New CM/ECF Password Reset Feature On March 6, 2012, the District and Bankruptcy Courts went live with a new CM/ECF password reset feature. This new feature allows users to reset their password without having to contact the court for assistance. This feature does not reset PACER passwords. To reset a PACER password, please contact the PACER Service Center at 1-800-676-6856 or visit its website at /psco/cgi- bin/. To request a CM/ECF password reset, click on the Forgot your password? link on the CM/ECF login screen. A CM/ECF password request screen will appear, and the user will be prompted to enter his or her CM/ECF login in the box provided. The login is the user's first and last initials in capital letters followed by the last four digits of the user's Social Security number. A message will confirm that an email has been sent to the address listed in the user's CM/ECF account. When the email message is received, the user must click on the link provided in the message to reset the password. Please note that the link in the email message will expire after 24 hours, so passwords should be reset promptly after the message is received. Courthouse Connection, March 2012 Page 2 Clicking on the link provided in the email will open a page that instructs the user to enter his or her login ID and create a new password. The password must contain a minimum of eight characters, include at least one uppercase and lowercase letter, and include at least one digit or special character. After entering the login and new password, click the Submit button. A confirmation message that the password has been reset will appear and will include a link that will take the user to the CM/ECF login screen. If you are unable to reset your password using this method, please contact the CM/ECF Help Line at 1-800-466-9302 for assistance. We hope this new feature will reduce the delay in accessing the ECF databases when there are unanticipated password problems. New District Judge Beth Phillips After receiving her commission from the President, former U.S. Attorney Beth Phillips was sworn in as a U.S. district judge for the Western District of Missouri on March 23, 2012. This was a small, informal ceremony to allow the judge to begin her official duties � a formal Investiture ceremony and enrobing will be held this summer. Judge Phillips was confirmed by a full vote of the U.S. Senate on March 6, 2012. She will preside in courtroom 7A in the Whittaker courthouse. WDMO welcomes its new judge as she moves to the "other side of the bench." Beth Phillips is sworn in by U.S. District Judge Ortrie D. Smith with her husband Circuit Judge W. Brent Powell Courthouse Connection, March 2012 Page 3 Federman Appointed as Chief Bankruptcy Judge On January 1, 2012, Bankruptcy Judge Arthur B. Federman became the chief bankruptcy judge for the Western District of Missouri. Judge Federman was born in 1951 in Kansas City. He graduated from the University of Kansas (1973), and with distinction from the University of Missouri�Kansas City School of Law (1976). At UMKC he was elected to the Order of the Bench and Robe, and was Associate Editor of the Law Review. Upon graduation from law school, he worked as a trial attorney in the Antitrust Division of the Department of Justice, in Washington, D.C. From 1979 to 1989 he was in private practice in Kansas City, and served as a member of the Panel Trustees for the Western District of Missouri. While in private practice, in addition to being a Trustee, he represented debtors, creditors, and creditor committees in cases under Chapters 7, 11, 12 and 13 of the Code. He was appointed as a Bankruptcy Judge for the Western District of Missouri on December 18, 1989, and reappointed in 2003. He currently serves as a member of the Bankruptcy Appellate Panel for the Eighth Circuit, and as a member of the Committee on Codes of Conduct of the Judicial Conference of the United States. He became a fellow in the American College of Bankruptcy in 2003. 2012 Annual Dues Deadline WDMO attorney annual dues of $20 are due by March 31, 2012. This fee is payable through our online DISTRICT CM/ECF filing site. Active District Court and Bankruptcy Court attorneys are required to pay this fee in order to maintain their active status with our bar. Pro hac vice attorneys and federal government attorneys do not owe this fee. Please attempt to log into the ECF system in advance of the March 31 deadline to ensure that you can have access to the site. If you know your login information but not your password, you may reset your password at the ECF login screen by clicking the "Forget Your Password?" link. If you have other problems logging on or have forgotten your login and password, please email the court at jcgen@. If you did not receive an email and need another copy of the instructions, please email jcgen@ or call 573-636-4015. Questions regarding attorney admissions should be directed to Jeri Russel, attorney admissions clerk, at 573-636-4015. Bond U.S. Court House Tours Over the past 15 years, the Western District of Missouri Courts in Kansas City has had the privilege of conducting educational tours for individuals throughout Missouri and Kansas. With the new addition of the Christopher S. Bond U.S. Court House in the Central Division, the court is pleased to announce the same outreach opportunity in Jefferson City. Groups that might be interested in this opportunity may range from students starting in the fourth grade through college, Boy and Girl Scouts, senior citizen groups, civic organizations, law firms and special summer camps, to name a few. Courthouse Connection, March 2012 Page 4 The tours are designed to help people better understand how cases get to federal court and to also learn about the different agencies that participate in the judicial process. The speakers gear their presentations to accommodate the particular age group. With each speaker, time is allowed for a question and answer period. Groups of all sizes are welcome. Tony Centobie, IT professional, demonstrates courtroom technology for tour participants. The tours may include presentations from: � Clerk's Office of the U.S. District Court � U.S. Probation and Pretrial Services � Investigative Agencies (ATF, FBI, DEA, ICE or Secret � Federal Public Defender Service) � U.S. Marshal's Office � U.S. Attorney's Office � And a visit with a judge in his/her courtroom A visual walk-through of the courthouse will also be conducted. There is no charge for these tours, but they do require approximately one month's advance notice and are usually held on Tuesday or Thursday. Typically these tours begin at 10 a.m. or 2 p.m. and will last approximately two hours. Participants should arrive at least 15 minutes ahead of the requested start time. Cellphones are not permitted inside the courthouse. We are certain you will find these tours both educational and enlightening. To learn more about the Bond Court House, visit the court's website at For further information or to schedule a tour, please contact Cheryl LaBrecque at 573-659-7036 or by email: cheryl_labrecque@. To learn more about tour opportunities at the Whittaker Courthouse in Kansas City, visit the court's website at Internet Safety�Suggestions From the U.S. Attorney's Office Provided by Matthew Wolesky of the U.S. Attorney's Office Your biggest threat to your online security is yourself. This may come as a surprise (and you may not want to hear it), but it is probably true. It does not make as good a movie as having some malicious, yet talented, hacker targeting your accounts, your business or your identity. However, it is far more likely that you have made yourself a vulnerable target. Similar to how we know we need to eat healthier, get more sleep and work out more� we also know how to be safe online. Do we actually do it? That is the question. We need to, and here are a few reminders that are every bit as obvious as "sleep more but are every bit as neglected as well. Courthouse Connection, March 2012 Page 5 1. Passwords. How safe are your passwords? Your kids' names and your birth date are easy to remember, but really? Discussing password strength is not new ground in protecting yourself online, but have you done it? If not, why not? And probably equally important, have you made sure those around you�i.e., spouse, kids, secretary�have, too? Do you use the same password for Facebook or your email that you use for your credit cards or banking? Not choosing secure passwords is the technological equivalent of locking the door with the key left under the front doormat. You know you should not do it. Don't. 2. Public Wi-Fi. What are you doing online while using public Wi-Fi? Reading the news, OK. Logging into and sending email, not OK. Checking your bank account please. You get the picture. Oversimplification, of course. But are you thinking about it? Probably not all the time. So you are careful at your neighborhood Starbucks. How about your hotel Wi-Fi or the airport? Public Wi-Fi is public. So unless you are comfortable reading your bank account user name and password aloud while standing in line for coffee, do not send it over public Wi-Fi. 3. E-mail. You get spam email because economics support it. People actually click the links in those emails and are duped into buying things or sending money, or into downloading viruses on to their computers. Do not do that. I am not stranded in a foreign country emailing you for money. I do not have $20,000 that I just need to find someone to put in the bank for me. I am not your bank, and it did not just switch to a new system that requires you to re-enter all of your personal information. We live in the Midwest. We are polite. We trust people. Sorry, but you must stop it when reading those emails. Thankfully, most of the major email providers are good at stopping those messages from getting through. Simply put, if it sounds too good to be true, it is. If you really are concerned or are worried that something is wrong, verify it outside of the email. Do not click the link in the email. It is too easy to use fake websites and fake URLs in messages. Get out of your email, and call your bank or go to your bank's website directly. 4. Your data. Finally, the security of your accounts and your personal information is important, and there is plenty of ground to cover there. But do not neglect the security of your data. As more of us rely on digital devices to store our documents, photos and video, it is essential to think through a backup plan. I know. I just told you to eat more vegetables. But do it. How are you backing up the photos on your phone? If your laptop or iPad crashed today, what would you do? I am not even talking about work � for which you should already have a plan. I am talking about you. Your photos. Your personal data. If you do not know what you would do without your laptop, iPad or cellphone, then you better be sure you have thought through how you are backing up your device. Fortunately, this is getting easier, but it still requires planning. It is important, and it needs your attention. These are obvious tips, but that is the point. You know what you need to do. The problem is you are probably not doing it as well as you know you need to. You are also probably relying upon digital devices and the Internet more than you have previously, and now the cost of not following simple safety tips is getting higher. You are the biggest threat to yourself. So start there. Protect yourself, and change your own habits. The problem with this advice is that even if I have convinced you to eat your vegetables, now you have to get your kids to do that, too. And if you know how to do that, I am all ears. Courthouse Connection, March 2012 Page 6 FCAS Bench & Bar Dialogues Recap On Feb. 8, 2012, the Federal Court Advocates Section of the Kansas City Metropolitan Bar Association hosted one of its Bench & Bar Dialogues sessions on Twombly and Iqbal: The practical effects of the Supreme Court's recent decisions regarding pleading requirements. An overflow crowd of federal court practitioners and judges attended and participated in roundtable discussion that was designed as an open dialogue on the impact of Twombly and Iqbal to date, and the potential impact in the future. Individual tables discussed topics ranging from the level of specificity necessary to survive a motion to dismiss, to how Twombly and Iqbal should be applied, if at all, to affirmative defenses. After a period of lively discussion at the individual tables, each table had an opportunity to share their discussion and conclusions with the entire group. District Court Judge Greg Kays and attendee Casey Tourtillott District Court Highlights Springfield Magistrate Judge Vacancy The Judicial Conference of the United States has authorized the appointment of a full-time United States Magistrate Judge for the Western District of Missouri at Springfield to fill the vacancy created by the planned retirement of Judge James C. England. The current annual salary of the position is $160,080, and the term of office is eight years. The appointment will be effective after November 30, 2012. A full public notice for the magistrate judge position and the application form are available on the Court's website at Interested persons should visit the website or contact the Clerk of Court, Ann Thompson, Whittaker Courthouse, 400 E. 9th Street, Kansas City, Missouri 64106 for additional information. Application packets must be submitted only by applicants personally and must be received by March 30, 2012. Courtroom Changes for Judges Smith and Kays Please note that courtroom assignments have changed for Judge Ortrie D. Smith and Judge Greg Kays. Judge Greg Kays Courtroom 8C Judge Ortrie D. Smith Courtroom 8E Bankruptcy Court Highlights Verification by Debtors�New Local Form The Western District of Missouri Bankruptcy Court has created a new local form (Verification by Debtors) to replace two existing forms (Verification of Schedules and Verification of Matrix). The new form uses a check-box approach and is designed to be used to meet the new signature requirements contained in the recent amendments to Local Rule 1009-1 adopted by the 2011 general order of the court, which took effect on Jan. 1, 2012. A link to the PDF version of the form is shown below. The second link takes you to the main bankruptcy forms page where Word and WordPerfect versions of the form are also available. #bankruptcy If you have any questions, please contact Roberta Kostrow via email at roberta_kostrow@. Courthouse Connection, March 2012 Page 7 Brown Bag Luncheons Engage Practitioners Two times a year, Bankruptcy Judge Dennis R. Dow hosts an open forum in Jefferson City to advise bankruptcy practitioners about new rules, procedures and developments of interest. The My goal is to remain in judge and his staff work collaboratively with the U.S. trustee, chapter 13 trustee and panel touch with practitioners and trustees to coordinate topics and issues of interest. The format provides for an open dialogue to find what is of concern to where topics range from formal presentations to general questions posed by attorneys to the them and give them an judge. opportunity to ask questions, making them Each brown bag session generally opens up for questions or comments about practice and more likely to be able to procedure following any planned agenda items. Judge Dow believes the format serves as a achieve the results they way to keeping people informed and gives them the opportunity to express concerns in an need for their clients and to informal atmosphere. The forum may also be used as an opportunity to address concerns about be successful. things the judge would like to see change. �Judge Dennis R. Dow Lunches are typically held in March and September at the Bond Court House in Jefferson City. Invitations are sent via email two weeks prior to the event. Judge Dow hosts a brown bag luncheon in Jefferson City on March 15, 2012. Nominations Accepted for the Next Generation Program A group of 40 up-and-coming bankruptcy attorneys will have the unique opportunity to participate in exciting and new features of the Next Generation program at the 2012 NCBJ (National Conference of Bankruptcy Judges) annual meeting in San Diego (Oct. 24-27, 2012). The program will offer three events solely for program participants, including a private gathering with bankruptcy judges, a guided tour of the historic courthouse and a networking reception of peers. Law firms, government agencies and bankruptcy judges are invited to nominate as program participants attorneys under their supervision who deserve special recognition for their professional accomplishments to date, and who show the potential to distinguish themselves in future years as highly respected members of the bankruptcy bar. To be nominated, the prospective program participant must: a. have five to 10 years of experience practicing law; b. devote at least 50 percent of his/her practice to bankruptcy cases; c. demonstrate legal excellence in the practice of bankruptcy law; d. display a serious commitment to principles of civility, ethics and professionalism; and e. demonstrate commitment to the continued educational development of bankruptcy professionals and to professional activities that will benefit the public, members of the bar and the court system. For more information about how to nominate a candidate and about the three special events for the Next Generation Program participants (judicial roundtable, guided tour of the historical courthouse and a networking reception), visit the NCBJ website at Courthouse Connection, March 2012 Page 8 2011 WDMO Bankruptcy Statistics Total Filings in 2011 7000 6000 5000 4000 3000 2000 1000 0 Western Central Southwestern St. Joseph Southern 2011 Filings 6116 2224 1251 1048 2749 At the Circuit Level 8th Circuit Panel Hears Arguments Eighth Circuit panels of judges visited Kansas City twice this year-once during the week of Feb. 13-17 and again from March 12-16. Feb. 13-17 The February panel was composed of Judges James B. Loken (MN), Kermit E. Bye (ND) and Michael J. Melloy (IA). There were many interesting issues that week, and the Western District of Missouri was well-represented, including Judges Kermit E. Bye, James B. Loken arguments on the following three cases: and Michael J. Melloy 1. Bridget Raswaw, et al. v. United Consumers Credit Union; Michael J. Knight v. Central Communications Credit Union; Bernard W. Moran v. Missouri Central Credit Union Three credit unions participated in a subprime motor vehicle lending program administered by Centrix Financial, LLC. Centrix provided financing for the purchase of motor vehicles and took a security interest, and the loans were purchased by the credit unions, but Centrix continued to service the loans. After the loans were defaulted, the cars were repossessed. The pre-sale notifications sent by Centrix on behalf of the credit unions did not comply with the Uniform Commercial Code, and when the credit unions became aware of the defective notices, the credit unions sent out new notices�also defective. Car owners brought suit against three participating credit unions in three separate actions alleging violations of the UCC and the Missouri Merchandising Practices Act, and conversion. In each case, the District Court dismissed the UCC and conversion claims as time-barred and concluded the MMPA did not apply to credit unions. The car owners appealed, arguing the District Court erred by applying the incorrect statute of limitations, in concluding the claims for damages were not claims for penalties and forfeitures for purposes of the applicable statute of limitations, and in concluding credit unions were exempt from the MMPA. 2. Crystal Henley v. Kansas City Missouri Board of Police Commissioners, et al. Crystal Henley enrolled in the Kansas City MO Police Academy. She claimed that during her field training course, instructors engaged in a series of actions to make her quit, including sexually harassing her, invading her privacy, degrading and humiliating her, physically assaulting her, and injuring her. Henley brought a civil rights action alleging gender discrimination and sexual harassment under the Equal Protection Clause and the Due Process Clause. The District Court dismissed the action against certain defendants, concluding that Henley failed to exhaust her administrative remedies. On appeal, Henley argues the District Court erred in concluding that the exhaustion requirement in Title VII is required in civil rights actions. Courthouse Connection, March 2012 Page 9 3. Government of Ghana v. ProEnergy Services, LLC, et al. The government of Ghana filed an ex-parte application for discovery in a foreign proceeding pursuant to 28 U.S.C. � 1782, relating to information from a lawsuit between ProEnergy Services and Balkan Energy Co. in WDMO. Ghana had a pending dispute in The Hague and in the High Court in Ghana against Balkan Energy Limited (Ghana) over a Power Purchase Agreement. The District Court initially granted Ghana's application in February 2011. Balkan Energy Limited was allowed to intervene and moved for reconsideration of the application for discovery. ProEnergy filed a motion for protective order, contending the information includes trade secrets, and proprietary and confidential information. The District Court denied the motion for reconsideration and directed counsel for ProEnergy and Ghana to confer over the discovery requested. After a telephone conference, the District Court ruled that ProEnergy need not produce documents relating to the settlement of the Balkan/ProEnergy litigation. On appeal, the government of Ghana argues the District Court abused its discretion in denying the discovery documents relating to the settlement. March 12-17 In March, the 8th Circuit panel sitting on Tuesday and Wednesday was composed of Judges Roger L. Wollman (SD), Stephen M. Colloton (IA) and Duane Benton (MO). Tuesday's arguments were held at UMKC School of Law, and two of the three cases originated in the courts of our northern neighbor, Iowa. Tuesday's cases at UMKC involved the Telecommunications Act of 1996, a Bankruptcy Appellate Panel appeal from the Bankruptcy Court for the Western District of Missouri, and wrongful termination. (Sprint Communications Co. v. Robert Berntsen; Joseph Terry v. Standard Insurance Company; and David Fesler v. Whelen Engineering Company) On Wednesday, issues included the Family Medical Leave Act, the Americans with Disabilities Act, immigration and the Equal Pay Act, as well as a case involving the estate of the president of the Elvis Presley Fan Club and the disposition of his extensive collection of Elvis memorabilia. On Thursday and Friday, Judges Wollman and Colloton welcomed to their panel newly appointed Western District of Arkansas Judge Susan Hickey. The panel heard arguments on Sentencing Guidelines, distribution and possession of meth, and bank fraud. Two additional arguments are outlined below: 1. United States v. Carl Deon Shinn An officer in the Iowa Internet Crimes Against Children Task Force, posing as a 14-year-old girl, engaged in an extended exchange with Carl Shinn over the course of several months. When Shinn agreed to meet her at a Motel 6 for sex, Shinn was arrested and found to have three cameras and nine condoms in his vehicle. At trial, Shinn presented an entrapment defense and requested an entrapment instruction, which the District Court denied. Shinn was convicted and sentenced to 63 months. On appeal, Shinn asserts the court erred in rejecting his entrapment defense and instruction, insufficient evidence, and an unreasonable sentence. 2. United States v. Robert Green An appeal from the Western District involved a convicted bank robber, Robert Green, who challenged the Terry stop, and the upward departure in sentencing based on the Green's past criminal history (bank robbery). Court News & Notes UMKC Hosts Trial Competition at the Whittaker Courthouse On Feb. 16, 2012, the Court welcomed teams from Drake University, Hamline University, St. Louis University, the University of Iowa, the University of Minnesota, the University of Missouri�Columbia, the University of Missouri� Kansas City, the University of St. Thomas, the University of Wisconsin and Washington University a national trial competition and regional tournament. Courthouse Connection, March 2012 Page 10 The finals were held on Feb. 18, 2012, and four teams competed. Washington University and St. Louis University won, and they will compete at the National Competition in Austin, Texas, on March 21-25, 2012. The University of Missouri�Kansas City finished a close third and graciously hosted the tournament. The competition was a great success, and competitors, judges and witnesses alike expressed tremendous praise about the welcoming atmosphere of the court and those assisting with the event. The event brought considerable talent and enthusiasm for the law to the courthouse and provided a preview of the Midwest's future trial lawyers. Courtroom Assistance for Hearing Impaired The court has sound-amplifying headphones available for use during hearings. If you or your client needs hearing assistance while in the courtroom, please contact the courtroom deputy prior to the hearing so that she can have the necessary equipment ready. PACER Fees to Increase April 1 In September 2011, the Judicial Conference of the United States authorized an increase in the judiciary's electronic public access fee in response to increasing costs for maintaining and enhancing the electronic public access system. The increase in the electronic public access (EPA) fee, from 8 cents to 10 cents per page, will take effect on April 1, 2012. The change is needed to continue to support and improve the Public Access to Court Electronic Records (PACER) system, and to develop and implement the next generation of the judiciary's Case Management/Electronic Case Filing system. The EPA fee has not been increased since 2005. As mandated by Congress, the EPA program is funded entirely through user fees set by the conference. The conference was mindful of the impact such an increase could have on other public entities and on public users accessing the system to obtain information on a particular case. For this reason, local, state and federal government agencies will be exempted from the increase for three years. Moreover, PACER users who do not accrue charges of more than $15 in a quarterly billing cycle would not be charged a fee. (The current exemption is $10 per quarter.) The expanded exemption means that 75 to 80 percent of all users will still pay no fees. The 30 page cap on reports and case-related documents (excluding transcripts) will remain in effect for a maximum charge of $3. View the updated PACER fee schedule at About Courthouse Connection Court Executive Ann Thompson WDMO Staff Contributors Laura Bax�District Operations, Central Division Managing Editor Stephanie Brown�Finance Lori Carr�District Operations, Western Division Beth Graham�Bankruptcy Diana Diaz�Administration Teresa Harrison�Finance Project Manager Robin Jones�District Operations, Western Division Tammie Holmes�Information Technology Tania Locke�District Court Operations, Central Division Kelly McIlvain�Article III Chambers Representative Editor Dorothy Myers�Magistrate Chambers Representative Greg Melvin�District Operations, Western Division Michele Nelson�Human Resources Kelsee Pierce�Jury Administration Contributors Kathy Popejoy�Human Resources Dan Blegen�Federal Court Advocates Section of KCMBA Deborah Showalter-Johnson�8th Circuit Library Sarah Castle�Intern for the Western District of Missouri Debbie Starks�Early Assessment Program Liza Healey�8th Circuit Court of Appeals Katie Wirt�Court Reporter Matthew Wolesky�U.S. Attorney's Office Courthouse Connection is published by the U.S. Courts, Western District of Missouri � Kansas City, Missouri � 816-512-5000 Courthouse Connection, March 2012 Page 11 No Legal Advice Intended. This website includes general information about legal issues and law practices. Such materials are for informational purposes only and should not be considered legal advice or counsel. Information may not reflect current legal standards. For legal advice specific to your needs, contact an attorney licensed in your jurisdiction. Do not rely on any statement on this website for any reason whatsoever. Furthermore, the information contained in this website is for informational purposes only. It is not, nor is it intended to be, legal advice or representation. Your review or use of this web site, its information and links does not create an attorney-client relationship or an attorney-client privilege between this law firm and you. Statements made to this firm before the formation of an attorney-client relationship may not be privileged and confidential. Of the cases concluding that individuals may not be held liable under the relevant state's fair employment law, Reno v. Baird, supra, 18 Cal.4th at 640, 762d 499, 957 P.2d 1333, provides the most comprehensive analysis. The statute under review in that case defined �employer' as any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly� Cal. Gov't Code � 12926(d) (Deering Sup.2001). The court first noted that California courts often look to federal cases construing federal discrimination law for guidance in interpreting the state statute and that, in a previous case, the California Court of Appeal had recognized the �clear and growing consensus' among the federal courts that individuals may not be held liable. Reno v. Baird, supra, at 648, 762d 499, 957 P.2d 1333; Janken v. GM Hughes Electronics, 464th 55, 67, 532d 741 (1996). It concluded, as we have, that the reasoning of those cases-that it would be incongruous to exempt small employers from liability while imposing liability on individual nonemployers-was equally applicable to the California statute. Reno v. Baird, supra, at 662-63, 762d 499, 957 P.2d 1333. It also concluded that the legislature did not intend for individuals to be subject to the ever-present threat of a lawsuit each time they make a personnel decision. Id., at 663, 762d 499, 957 P.2d 1333. Accordingly, the court held that individuals could not be held liable under California's employment discrimination law. Medical malpractice lawsuits arise when a doctor or health professional performs a medical service which falls beneath industry standards and causes injury to a patient. These errors sometimes result in serious, long-lasting injuries, or even death. In Tennessee, lawsuits can be filed against negligent medical professionals seeking compensation for damages and injuries. However, as with any kind of legal proceeding, there is a time by which the plaintiff must take steps to pursue the claim. This time limit may vary from state to state, and is known as a Statute of limitations. Once a plaintiff has run out of time, the court will no longer accept his or her claim, regardless of what evidence the plaintiff and his or her attorney has prepared and the plaintiff has lost the right to hold the liable party accountable (except under certain unique circumstances). and lifting which take a longer length of elasticity than Indian Wells 86031
Essex County is liable in quasi-contract to Saint Barnabas for the expenses incurred in treating Williams during the period Williams would have been under sentence. On remand, unless the parties can stipulate to these matters, the Law Division should ascertain when Williams would have been released from the jail annex had he not been injured, and determine how much of the $54,000 total is attributable to that period. Accordingly, we affirm in part and reverse in part the judgment of the Appellate Division. Ontarians deserve the best medical care possible. If you are dealing with a medical malpractice case in Ontario, can help. Justia Opinion Summary: Petitioner, convicted of two murders and sentenced to death, challenged the district court's denial of his habeas petition. The court concluded that the Arizona Supreme Court did not act unreasonably in rejecting petitio. 10/09/2015 - Toronto Blue Jays 3B Josh Donaldson exits with head injury Health insurance-special offers, information and other resources for the people of Michigan how health insurance in Michigan find. Georgetown\'s Michigan health insurance feeling
Court?s de novo review, the Court finds that an award of 7,976 is appropriate for the Because of the evidence that needs to be shown in order to win a case, the constantly revised and modified medical malpractice laws, and other legal challenges, pursuing legal action for medical malpractice can be an extremely difficult and confusing task. Our Gainesville personal injury attorneys at Allen Law Firm, P.A. have extensive experience in handling medical malpractice cases and an in-depth knowledge of the law and legal process. Let us help you pursue monetary recovery. Lawyer Services For Dental Negligence Indian Wells florida brain injury lawyer 1. Accident Claim No Win No Fee Personal Injury Compensation Helpline Map Services About Industrial Appeals Judges at the Board of Industrial Appeals. If you are interested in an agency other than the Office of Administrative Hearings, you should contact the office directly for more information. Qua l i f ic at ioN S There are three qualifications listed on the Office of Administrative Hearings' website: a minimum of five years experience as an attorney; active or judicial member of the Washington State Bar Association or such a member of any state's bar association; and demonstrated knowledge of administrative law and procedures. See Appendices I. Appointment Process a N Nou Nc e m e N t S Positions for administrative law judge and ALJ Pro tempore are posted on the Office of Administrative Hearing website and filled as needed. Check their website for regular updates: a P P l ic at ioN P ro c e S S To apply, submit a letter of interest, a resume, a completed Application for State Jobs () and a list of three professional references to: Human Resources Office of Administrative Hearings PO Box 42488 Olympia WA 98504-2488 Applications are kept on file for at least six months and considered as openings occur. Selection process Applications for administrative law judge positions are evaluated by the Office of Administrative Hearings and all appointments are announced by the chief administrative law judge in accordance with RCW 34.12.030. Creates an exemption from civil liability for causing the death or injury of any person, or damage to any property, for any person who renders emergency medical care during a state declaration of disaster emergency. Linda Greenhouse of the New York Times had an interesting article called Selective Empathy on the Porter ruling previously reported here We are in agreement that there is a tension between the Porter ruling and the Court's other recent per curiam ruling in Bobby v. Van Hook discussed here and here As the title of Ms. Greenhouse's piece states, her premises is that the Court genuinely felt sorry for Korean War Veteran George Porter, Jr. For reasons stated below, I suspect that the difference was the quality of the underlying state opinions Read More.
American doctors, surgeons and nurses are among the most highly trained medical professionals in the world. Unfortunately, they are also among the most overworked professionals in the nation. A misdiagnosis or a mistake made in surgery can have a devastating effect on the patient, including a lifelong catastrophic illness or possible death. Injuries caused by another person's negligence can be very serious. Brain, head, spinal cord, neck and back injuries are just a few examples of what someone may sustain. These injuries can also cause significant financial hardships and emotional suffering. Superior Court of California, County of Orange - Central Justice Center Annex On August 1st, (2 weeks after that treatment) Anton was readmitted to St. Peters. He was paralyzed. Evidence which came out for the first time at trial revealed that, on June 7, the head of the pharmacy met with Ms. Jhun and discussed the Anton Weck case. Thereafter, she was disciplined and placed on an additional 3 months probation. Neither she nor the hospital ever admitted the reason for the discipline and probation. But the jury understood the significance in light of the obvious timing. The key documents went missing between June 1, 2001 and August 15 2001, when the hospital served with a Notice of Claim. Thereafter, the documents could not be found. Thus it established that the pharmacy department was aware of the possible involvement of the intrathecal medication in causing Anton's injuries on or before June 1, 2001. Posted by: Chad Hemmat Thursday, April 21, 2016 0 Comments Individual states mandate licensure requirements for dentists, but most include similar steps. Aside from completing a course of study at an accredited institution, students must pass two examinations covering written and clinical components.
Moroccan boy Yahya El Jabaly born with no nose, eyes, or functioning mouth given 18-hour life-changing surgery Collaborative Divorce is a process by which parties working with counsel and other helping professionals, sharing information, reach a mutually agreeable settlement through conferences and parties, along with their attorneys, mental health professionals and financial specialists seek a more constructive model based on mutual�respect. DePuy hip implant recall Johnson & Johnson, the parent company of DePuy Orthopaedics, issued a recall of its metal-on-metal line of ASR hip implants. The defect in the devices often requires that patients undergo a second hip replacement surgery. The devices, prior to the recall, were known to cause pain, joint inflammation, skin rash and other complications. having primary physical custody. After the divorce, Mother maintained residence Upon rehearing en banc, trial court did not err in denying appellant's motion to suppress insofar as it pertained to the search of a closed container; appellant's convictions for robbery and conspiracy to commit robbery are affirmed 40. Mark Sage. The Independent. Dental practice was warned before tragedy. November 14, 2002. -style/health-and-families/health-news/ Accessed January 12, 2011. I handle all brain injury claims on a contingency fee basis. That means that I pay for the cost of the neurologists and other independent witnesses while preparing your case. You won't pay attorneys fees unless you win money for your lawsuit.
We are so glad to hear that you enjoyed your visit and we will share your kind remarks with Hello, If you find yourself in need of legal counsel in Court, call our firm and set up an appointment. Call us at 518-458-8922 or send us an e-mail to schedule a free consultation with one of our experienced attorneys. Cris Barrish and Melissa Nann Burke, The (Wilmington, Del.) News Journal 11:06 a.m. EST February 12, 2013 If a state regulates speech which is potentially misleading, the Supreme Court has stated that, because of the First Amendment protections at stake, the preferred remedy is more disclosure, rather than less. To prefer more disclosure over an outright ban on particular forms of advertising not only protects the advertiser's right to communicate, but also protects the general public's interest in receiving information. Accordingly, to regulate commercial speech which is not misleading or which is only potentially misleading, a state must articulate a substantial interest, and the regulation must be narrowly tailored to meet that interest.
Rich has successfully represented injured individuals and families in the following personal injury matters: 6.1 Miles away from Garden Grove Hospital and Medical Center Her name was not released by Lancaster state police on Sunday. Lawyer Services For Dental Negligence Indian Wells 86031 THE VERDICTS ON THE MURDER AND THE MANSLAUGHTER COUNTS�dui lawyer riverside A 31-year-old township officer said his back was hurting after the Feb. 11 wreck, but he was not transported to a hospital, state police Officer Matthew Schatzmann said in a press release. The officer's name was not released. I started off as an RDA approximately 10 years ago and worked as such for 2 1/2 years and realized that I loved dentistry, but not the wages I was earning as an assistant I understood that the competition for RDA jobs was tough since there were about 7 or more schools/institutes training RDAs within driving distance from where I lived. If you look at it from the Dr.'s perspective, he/she interviews tens of qualified applicants for each RDA job opening. More applicants gives leverage to the Dr. since the RDAs have to find employment and those who decide they should get paid more than what is being offered are the ones that end up unemployed. It is simple market economics As a previous RDA, I know that anyone can be an RDA, the requirements to be accepted into an RDA training program are very minimal. And since anyone can do it, the wages aren't as high as other jobs that require more training/ education with less numbers of qualified people to choose from. What you are worth is what a Dr. is willing to pay you. He/she knows if you don't agree with what you are being paid and decide to quit, (s)he'll simply hire another equally qualified, intellectually capable person with a great personality to replace you at the wage he/she believes is fair. This is a hard fact of the business world and capitalistic society that America is. Having said all of the above, I decided to become the doctor. I went to dental school and continued from there to complete an orthodontic residency. Now I am indispensable as the orthodontist. The business cannot operate without me, but assistants can come and go without significantly affecting the practice. I don't want my assistants to leave, so I give them benefits and wages I believe are fair and treat them well too so they have incentives to remain with the practice. Dentists are Santa and the assistants are elves, there would be no Christmas without Santa, but I'm sure Christmas wouldn't be effected too much if he replaced a few elves. Medical malpractice can easily reduce the quality of a victim's life for years, if not permanently. Victims of medical malpractice typically require additional medical care, ongoing physical therapy, and many other costly medical treatments. Fortunately, the law entitles medical malpractice victims to compensation if they can prove the doctor, physician, or hospital staff was negligent in their care. If you think you may be a victim of medical malpractice, you should consider speaking with an attorney about your legal rights and options. An experienced lawyer can review your claim to determine whether or not malpractice was a factor in your injury.
MEMORANDUM Subramaniam V. Vijendira appeals his conviction for two counts of alien smuggling and two counts of visa fraud. He argues there is insufficient evidence to support his conviction. Vijend. A day before the statute was to take effect, the District Court issued an order holding the practice and statute unconstitutional. Tesmer v. Granholm, 114 F. Supp. 2d 603 (2000). It ultimately issued an injunction that bound all Michigan state judges, requiring them not to deny appellate counsel to any indigent who pleaded guilty. 114 F. Supp. 2d 622 (2000). A panel of the Court of Appeals for the Sixth Circuit reversed. Tesmer v. Granholm, 295 F. 3d 536 (2002). The panel held that Younger v. Harris, 401 U. S. 37 (1971), abstention barred the suit by the indigents but that the attorneys had third-party standing to assert the rights of indigents. It then held that the statute was constitutional. The Court of Appeals granted rehearing en banc and reversed. Tesmer v. Granholm, 333 F. 3d 683 (2003). The en banc majority agreed with the panel on standing but found that the statute was unconstitutional. Separate dissents were filed, challenging the application of third-party standing and the holding that the statute was unconstitutional. We granted certiorari. 540 U. S. 1148 (2004). Delgado was the ninth woman to be placed on the FBI's Ten�Most Wanted Fugitives List since its creation in 1950. A reward of $100,000 was being offered for information that led to her arrest. (5) A government-issued photo identification card of the person and of the designated primary caregiver, if any. If the applicant is a person under 18 years of age, a certified copy of a birth certificate shall be deemed sufficient proof of identity. Christine Lonsdale, for the respondent The Royal Trust Company