Steve Dubin Posted: DATELINE: BOSTON, MASS.Terre...
by admin on June 28th, 2009
filed under Business
Steve Dubin posted:
DATELINE: BOSTON, MASS.
Terrence M. Schwab, a senior associate at Boston-based Tarlow, Breed, Hart, & Rodgers, P.C. (TBHR) recently authored a chapter in the Massachusetts Continuing Legal Education (MCLE) publication Federal Civil Litigation in the First Circuit. Schwab wrote the Plaintiff’s Perspective for Chapter 13 entitled “RICO in Federal Civil Litigation.”
RICO refers to the Racketeer-Influenced and Corrupt Organizations Act. Although it’s most commonly associated with fighting organized crime and mobsters, the civil provisions of the RICO statute afford a private cause of action against persons who engage in a pattern of racketeering activity. A typical civil RICO case will involve a white-collar crime such as mail or wire fraud. The penalties for violation of civil RICO are severe, and a plaintiff who prevails is entitled to triple damages and attorney fees.
“Most people only know about criminal laws regarding racketeering through television and movies. Yet the civil provisions of RICO are powerful and can be used to stop many unfair business practices. Recently, Tyson Foods, Inc. was alleged to have knowingly hired illegal aliens to work for below market wages at its chicken processing plants. A group of Tyson’s workers brought suit against Tyson under the civil RICO statute alleging that legitimate employees were also paid below market wages because of the company’s illegal practice of hiring illegal aliens. It was an ingenious use of the statute, and shows that there are many creative ways to fight unfair business practices under the civil RICO provisions,” said Schwab.
Schwab joined TBHR in 2007. Schwab’s practice focuses on disputes among business owners, shareholder disputes, commercial litigation, construction litigation, contract claims, creditor’s rights, employment litigation, insurance coverage claims and probate litigation. A Natick resident, he was most recently recognized as a “Rising Star” in Boston Magazine’s Super Lawyers special edition. He received a bachelor of arts degree, magna *** laude, from Boston University and earned his juris doctorate at Northeastern University School of Law.
“We’re quite pleased to have someone of Terry’s stature on our litigation team. His knowledge of important federal civil litigation in the First Circuit is a fine testimony to his expertise and we are most fortunate to have him at the firm,” said Richard P. Breed, a member of the firm’s management committee.
About Tarlow, Breed, Hart & Rodgers, P.C.:
Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers. P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.
Tarlow, Breed, Hart & Rodgers’ areas of expertise include corporate law, employment matters, mergers and acquisitions, litigation and dispute resolution, estate planning, taxation, real estate, bankruptcy, and municipal law.
The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com.
Posted by Milton Henyon
DATELINE: BOSTON, MASS.
Terrence M. Schwab, a senior associate at Boston-based Tarlow, Breed, Hart, & Rodgers, P.C. (TBHR) recently authored a chapter in the Massachusetts Continuing Legal Education (MCLE) publication Federal Civil Litigation in the First Circuit. Schwab wrote the Plaintiff’s Perspective for Chapter 13 entitled “RICO in Federal Civil Litigation.”
RICO refers to the Racketeer-Influenced and Corrupt Organizations Act. Although it’s most commonly associated with fighting organized crime and mobsters, the civil provisions of the RICO statute afford a private cause of action against persons who engage in a pattern of racketeering activity. A typical civil RICO case will involve a white-collar crime such as mail or wire fraud. The penalties for violation of civil RICO are severe, and a plaintiff who prevails is entitled to triple damages and attorney fees.
“Most people only know about criminal laws regarding racketeering through television and movies. Yet the civil provisions of RICO are powerful and can be used to stop many unfair business practices. Recently, Tyson Foods, Inc. was alleged to have knowingly hired illegal aliens to work for below market wages at its chicken processing plants. A group of Tyson’s workers brought suit against Tyson under the civil RICO statute alleging that legitimate employees were also paid below market wages because of the company’s illegal practice of hiring illegal aliens. It was an ingenious use of the statute, and shows that there are many creative ways to fight unfair business practices under the civil RICO provisions,” said Schwab.
Schwab joined TBHR in 2007. Schwab’s practice focuses on disputes among business owners, shareholder disputes, commercial litigation, construction litigation, contract claims, creditor’s rights, employment litigation, insurance coverage claims and probate litigation. A Natick resident, he was most recently recognized as a “Rising Star” in Boston Magazine’s Super Lawyers special edition. He received a bachelor of arts degree, magna *** laude, from Boston University and earned his juris doctorate at Northeastern University School of Law.
“We’re quite pleased to have someone of Terry’s stature on our litigation team. His knowledge of important federal civil litigation in the First Circuit is a fine testimony to his expertise and we are most fortunate to have him at the firm,” said Richard P. Breed, a member of the firm’s management committee.
About Tarlow, Breed, Hart & Rodgers, P.C.:
Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers. P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.
Tarlow, Breed, Hart & Rodgers’ areas of expertise include corporate law, employment matters, mergers and acquisitions, litigation and dispute resolution, estate planning, taxation, real estate, bankruptcy, and municipal law.
The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com.
Posted by Milton Henyon
Maribel Roncales Posted: Every Year There Are Ap...
by admin on June 28th, 2009
filed under Personal Injury
Maribel Roncales posted:
Every year there are approximately 3 million people that are bitten by dogs and statistics show that most victims are children.
Dog bite is not as simple as it seems to appear. It may result to serious injuries like:
• Lacerations
• Punctures
• Abrasions
• Tissue loss and avulsion
• Fractured bones
• Infections such as rabies, cellulites, C Canimorsus infections
That is why it is necessary for a victim to seek for medical help because the effect can be fatal.
The next thing to do is to identify the dog and its owner because you can hold them liable for damages and reimbursement for any expenses you incurred during the treatment period.
In the United States, a law was passed known as the dog bite law, which enumerates certain rights and responsibilities of a victim and the owner of the dog.
The dog bite law is a combination of city and county ordinances, state law and common law. It includes civil, criminal and administrative law. Generally, civil law provides monetary compensation for the victim, criminal law punishes the owner of the dog and administrative law creates a remedy against the dog itself.
Almost all states in the US hold the owner liable for dog bite if he orders the dog to attack a person or if he knowingly kept a dog that previously bit a person. They also hold the owner liable for negligence for any injury that the dog causes and for violating a public health and safety law such as the leash law.
Most dog bite statutes impose statutory strict liability that makes the owner of the dog legally liable to the victim.
Other states allow claims based on common law strict liability but only states with dog bite law add an additional cause of action for statutory strict liability.
However, there are states that do not have a dog bite statute. In this case, they use the one-bite rule or statute. In this law, the legal responsibility of the owner is determined by the following principles:
• The first issue is whether the dog bites anyone. If so then the owner is liable.
• If the answer in the first item is no, the second question is whether the dog did something that has put the owner in notice that the dog have inclined to bite anyone in the future.
• If the answer is no, then they consider if the owner has violated any law pertaining to public health and safety.
• They consider whether there is negligence.
• If the owner or custodian is not negligent then they consider whether other people can be held liable due to their negligence.
Dog bite law differs from state to state. However, not all dog bite cases are punishable under the dog bite law. There are certain exceptions provided by law. The following are the exempted cases:
• The victim is a trespasser
• The victim is a veterinarian or a canine professional who is treating the dog at the time of the incident
• The victim is committing a felony against the owner of the dog
• The victim provoked the dog by physically abusing it
• The victim assumed the risk for being bitten
• The victim is assisting the police or the military at the time of the incident
If you have been bitten by a dog and you are all set to file your injury claim against the responsible parties, consult our expert animal attack lawyers. Just log on to our website and fill out our case evaluation form.
Posted by Milton Henyon
Every year there are approximately 3 million people that are bitten by dogs and statistics show that most victims are children.
Dog bite is not as simple as it seems to appear. It may result to serious injuries like:
• Lacerations
• Punctures
• Abrasions
• Tissue loss and avulsion
• Fractured bones
• Infections such as rabies, cellulites, C Canimorsus infections
That is why it is necessary for a victim to seek for medical help because the effect can be fatal.
The next thing to do is to identify the dog and its owner because you can hold them liable for damages and reimbursement for any expenses you incurred during the treatment period.
In the United States, a law was passed known as the dog bite law, which enumerates certain rights and responsibilities of a victim and the owner of the dog.
The dog bite law is a combination of city and county ordinances, state law and common law. It includes civil, criminal and administrative law. Generally, civil law provides monetary compensation for the victim, criminal law punishes the owner of the dog and administrative law creates a remedy against the dog itself.
Almost all states in the US hold the owner liable for dog bite if he orders the dog to attack a person or if he knowingly kept a dog that previously bit a person. They also hold the owner liable for negligence for any injury that the dog causes and for violating a public health and safety law such as the leash law.
Most dog bite statutes impose statutory strict liability that makes the owner of the dog legally liable to the victim.
Other states allow claims based on common law strict liability but only states with dog bite law add an additional cause of action for statutory strict liability.
However, there are states that do not have a dog bite statute. In this case, they use the one-bite rule or statute. In this law, the legal responsibility of the owner is determined by the following principles:
• The first issue is whether the dog bites anyone. If so then the owner is liable.
• If the answer in the first item is no, the second question is whether the dog did something that has put the owner in notice that the dog have inclined to bite anyone in the future.
• If the answer is no, then they consider if the owner has violated any law pertaining to public health and safety.
• They consider whether there is negligence.
• If the owner or custodian is not negligent then they consider whether other people can be held liable due to their negligence.
Dog bite law differs from state to state. However, not all dog bite cases are punishable under the dog bite law. There are certain exceptions provided by law. The following are the exempted cases:
• The victim is a trespasser
• The victim is a veterinarian or a canine professional who is treating the dog at the time of the incident
• The victim is committing a felony against the owner of the dog
• The victim provoked the dog by physically abusing it
• The victim assumed the risk for being bitten
• The victim is assisting the police or the military at the time of the incident
If you have been bitten by a dog and you are all set to file your injury claim against the responsible parties, consult our expert animal attack lawyers. Just log on to our website and fill out our case evaluation form.
Posted by Milton Henyon
Bryan Burbank Posted: Criminal Law Always Follow...
by admin on June 26th, 2009
filed under Criminal
Bryan Burbank posted:
Criminal law always follows right after civil law and in most cases the government will file a lawsuit in a civil trial is not successful.there a many offenses that fall under the category of criminal law such as treason and espionage which falls into crimes against any one state. If you rape, murder or assault this falls into a crime against any one person. It allows you to punish the person who has committed a crime whether it is against any person or any state. There are many lawyers that specialize in criminal law and if you are in need of an attorney you want to find one that knows this type of law.
Find Free: Criminal Record Search
Learning about criminal law is easy to do once you have the right material to educate yourself. In some cases you may live in a neighborhood and want to know if there are any registered criminals that live in your area. You can go online and find a police record search that can help you get this information. It is always a good idea for you to be informed and know what the laws are so that you and your family can be protected. In many cases someone who commits a criminal offense will have to stand trial and accept whatever punishment the court decides.
Free: Search Persons Identity
Remember there are many reasons for you to educate yourself about criminal law. You may have defined an attorney one day they can help you or a family member who may be in trouble. It is always best to find a lawyer who is an expertise in this particular area of law.
Posted by Milton Henyon
Criminal law always follows right after civil law and in most cases the government will file a lawsuit in a civil trial is not successful.there a many offenses that fall under the category of criminal law such as treason and espionage which falls into crimes against any one state. If you rape, murder or assault this falls into a crime against any one person. It allows you to punish the person who has committed a crime whether it is against any person or any state. There are many lawyers that specialize in criminal law and if you are in need of an attorney you want to find one that knows this type of law.
Find Free: Criminal Record Search
Learning about criminal law is easy to do once you have the right material to educate yourself. In some cases you may live in a neighborhood and want to know if there are any registered criminals that live in your area. You can go online and find a police record search that can help you get this information. It is always a good idea for you to be informed and know what the laws are so that you and your family can be protected. In many cases someone who commits a criminal offense will have to stand trial and accept whatever punishment the court decides.
Free: Search Persons Identity
Remember there are many reasons for you to educate yourself about criminal law. You may have defined an attorney one day they can help you or a family member who may be in trouble. It is always best to find a lawyer who is an expertise in this particular area of law.
Posted by Milton Henyon