Breach of contract: Challenging and defending the validity and enforceability of business contracts and employment agreements.

Business fraud: Challenging and defending companies accused of fraud, including securities fraud and employment fraud.

Unfair competition: Challenging and defending entities and individuals allegedly involved in unfair, unlawful, or fraudulent business actions, including false advertising and trade name infringement.

Real estate disputes: These disputes are between buyers, sellers and brokers in connection with buying, selling, and leasing commercial real estate.

Commercial loans and Secured Transactions: Such disputes are between creditors and debtors for the collection and defense of unpaid commercial loans.

Intellectual property: Intellectual property disputes relate to the right to license and use property under trademark and copyright laws.

Homeowner’s Insurance and Property Insurance: Homeowner’s and property insurance claims involve the arbitration of disputes over cost or value of repairs to the premises and/or replacement of damaged or destroyed property, or the litigation of bad faith claims when the insurance carrier allegedly unfairly denies a claim.

Creditor Rights and Bankruptcy Litigation: Creditor Rights and Bankruptcy litigation involves insolvency and the discharge and payment of debts and creditor disputes regarding such discharge and priority of creditor claims.

Employment Discrimination and Harassment litigation: These disputes involve employers and employees and discriminatory employment practices such as bias in hiring, promotion, job assignment, termination, and compensation, and harassment. back to top

Construction contracts and lien litigation: This litigation involves disputes between the owner, developer, general contractor and subcontractor regarding the contractor’s performance and payment according to the contract.

Foreclosure: This litigation relates to the legal proceeding in which a mortgagee, usually the lender to the purchaser of real estate, obtains a court-ordered termination of the mortgagor’s (usually the purchaser of the real estate) equitable right of redemption (right to purchase the real estate). Usually the lender obtains a security interest from the borrower/mortgagor who mortgages or pledges an asset like a house to secure the loan.

Landlord-tenant disputes: These disputes involve a lease and usually entail a tenant’s failure to pay rent or the landlord’s failure to repair the premises or provide services. The landlord may initiate eviction proceedings to regain possession of the premises after timely notice is given to the tenant and the tenant fails to comply.

Shareholder derivative and minority shareholder actions: Shareholder derivative actions are claims in which a shareholder brings a suit in the name of the corporation against corporate fiduciaries, such as officers or directors, where such fiduciaries are allegedly causing harm to the corporation. Such suits may be brought by minority shareholder claiming their rights were not adequately represented or overlooked.

State and Federal Licensing and Regulatory Matters: These disputes involve compliance or with federal, state or local statutes or ordinances with respect to licensing and the allegations of violations that may terminate such license.

Forfeitures: Such claims involve the government’s seizure of property that was either the proceeds of a crime or was used to facilitate a crime.

Eminent Domain: Such claims involve the government’s involuntary seizure of property for public purposes for which the former owner may receive just compensation.

Enforcement of Court Orders and Judgments: Getting a judgment is only part of the battle. Recovery of the judgment is a process in itself, such as by placing a lien on the judgment-debtor’s property and garnishing the judgment-debtor’s wages.

Shareholder Claims: A shareholder may institute an action in the name of the corporation alleging harm to the corporation perpetrated by officers or directors by their breach of fiduciary duties owed to the corporation and its shareholders.

LLC Member Claims: An LLC member may institute an action in the name of the limited liability company alleging harm to the LLC perpetrated by managers by their breach of fiduciary duties owed to the LLC and its members. back to top

Partnership Claims: A limited partner may institute an action in the name of the limited partnership alleging harm to the limited partnership perpetrated by General Partners by their breach of fiduciary duties owed to the Limited Partnership and its Limited Partners.

IRS Settlements: IRS settlements may involve is a negotiated agreement with the IRS to make payments over a specified period to pay the taxes owed or to defer collection efforts for a specified period, or a negotiated deal with the taxpayer to settle for less than the full amount owed.

IRS Offer in Compromise: IRS Offers in Compromise may involve is a negotiated agreement with the IRS to settle for less than the full amount owed.

IRS Audits: There are four kinds of IRS audits: the Correspondence Audit, which is a letter from the IRS Service Center requesting that you send in copies of your canceled checks and/or receipts in order to verify certain deductions on the return, a Field Audit, where the agent conducts an audit at the place of business rather than the IRS office, an Office Audit, to bring certain documents to the local IRS office for the auditor's examination, and the Taxpayer Compliance Measurement Program audit, which is a total audit in which every part of the return must be substantiated by documentation.

Franchise Claims: Such disputes may occur when the franchisor or franchisee is not fulfilling its obligations, such as in he situation where the franchisor did not provide adequate training, disclose "hidden" fees and expenses or is not doing as much advertising as it said it would, or where the franchisee is not making timely or adequate payment.

Real Estate and Title Insurance Claims: A little-known aspect of a real estate transaction is the role of title and escrow companies. Title insurance is required for most transactions to ensure that the property owner actually owns the property and that there are no easements, loans or liens against it. Escrow companies handle funds for a real estate transaction and are considered neutral parties responsible for helping make sure the deal gets done. Complications may arise involving these companies which may require litigation.

Escrow companies may be sued for:

Fraud Overcharging buyers Misuse of escrow funds Charging improper fees Closing escrow when funds were not available Misrepresentation of information Bad faith estimates

If a title company has failed to disclose material items or conditions (such as an easement or lien on the property) on its title insurance policy, it may be liable. The firm also advises clients on all aspects of title review and resolution of title problems.

Construction Litigation: This litigation involves disputes between the owner, developer, general contractor and subcontractor regarding the contractor’s performance and payment according to the contract. back to top

Securities Fraud: Such litigation occurs when a publicly traded corporation and certain of its officers and directors disseminate materially false and misleading statements to investors, broker or securities analysts about the company's financial condition and/or products that served to artificially inflate the price of the company's stock. These statements are dispersed to the financial community by company press releases, prospectuses, annual reports and proxy statements, quarterly and annual financial statements and various SEC filings. In certain actions, plaintiffs must allege and prove that the defendants knowingly or recklessly disseminated materially false and misleading information. In others, such as public offerings, once a material misrepresentation is established, the burden is on the defendants to demonstrate they did not act negligently. Typically, when the truth about the company's financial condition or product is publicly revealed, investors who purchased the company's securities at a time when the prices of those securities were artificially inflated experience a significant drop in the value of their stock, causing investors serious economic losses.

Intellectual Property Litigation: A competitor introduces a new product that is strikingly similar to yours, and you believe it may infringe your patent, copyright and/or trademarks. You receive a letter claiming that you are infringing a trademark and demanding that you change the name of your business within seven days - or else. Your company receives a letter out of the blue stating that your new product infringes another company's patent and demands that your company take a license. Key employees suddenly resign and start their own business, competing directly with your company, and you believe they have taken critical computer files. intellectual property rights are often the most valuable assets a business owns. Protecting and effectively using those assets is critical.

Bad Debt and Collection Matters: Pre-suit collection begins with a demand for payment in full by letter or made verbally and specific with respect to the amount due and the date when the creditor must receive payment. If the debtor has the ability to pay but not the willingness, the debt should be sent to an attorney for suit. If the debtor is judgment-proof or if the account does not appear to be collectible, the creditor may consider writing the debt off. While litigation is sometimes an option, in other cases a creditor’s best strategy may be to establish payment arrangements with the debtor. Any payment plan should specify with particularity the amounts of the payments and the dates by which they are to be made. If the creditor desires litigation, suit preparation and filing, pre-trial motions, pre-judgment discovery, summary judgment and trial may be required.

After suit, post-judgment collection remedies include:

Asset searches Depositions and examinations of debtors under oath Fraudulent conveyance discovery Alter egos Subpoena of books, records & documents for asset location Imposing liens on assets in third-party names Garnishments, replevins and repossessions
Government contracts litigation: Government contracts issues have become increasingly intertwined with other legal specialties. Federal investigations into contractors’ charging practices may not only raise contractual issues, but may also present the prospect of qui tam suits, civil and criminal penalties, and suspension and debarment. Expert employment law advice may be necessary to address wage requirements imposed by a federal contract, OFCCP compliance obligations, or whistleblower protections. Federal contractors are increasingly interested in selling their products to foreign governments and corporations. back to top

Admiralty and Maritime Law: Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. It is a body of private international law governing the relationships between private entities which operate vessels on the oceans. It is distinguished from the Law of the Sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters and international law governing relationships between nations.

Antitrust and Trade Regulation Law: Sherman Antitrust Act and Unfair Competition Law and other state and federal laws make it illegal for companies to agree to fix prices or to squeeze out competitors to create a monopoly or cartel. Directly or indirectly, businesses and consumers are hurt in the form of artificially high prices. Litigation often arises from Department of Justice investigations into antitrust violations. A civil antitrust lawsuit seeks monetary damages — triple the amount of the defendants' illicit gain.

Customs law: The “nuts and bolts” of any sophisticated customs practice are tariff classification and appraisement. Companies tend to overlook these elements as sources of potential duty savings and compliance for imported merchandise. Companies want to maximize the potential for duty savings and minimize the risk of Customs penalties. It is no secret that Customs imposes strict recordkeeping requirements and that it retains the ability to conduct audits well after the date that goods are imported. These audits may last for many months and result in intrusive government inquiries and, in some cases, demands for back-duties and penalties. One method of achieving cost efficiency in cross-border trade is to take a proactive stance with Customs by filing requests for binding rulings, requests for internal advice and protests of liquidated entries, importers and others often are successful in obtaining significant savings in duties, fees and taxes without resorting to litigation. Customs has potent legal authority to impose severe penalties and forfeitures of property. Customs also enforces many different criminal statutes, including those pertaining to smuggling and export control.

Business Litigation: Business litigation (sometimes called commercial litigation) is the judicial (court) resolution of disputes encompassing issues relating to contracts, real estate, business entity dissolution, franchising, unfair competition, and other areas of commerce.

City, County and Local Court matters: The "jurisdiction" of a court is the power of that court to hear and decide a particular type of case. The small claims court has jurisdiction over civil cases in which the plaintiff is seeking a money judgment up to $5,000 or recovery of personal property valued up to $5,000.

In trials before the small claims court, witnesses shall be sworn. The judge shall conduct the trial in an informal manner so as to do substantial justice between the parties. The judge shall have the discretion to admit all evidence which may be of probative value although not in accordance with formal rules of practice, procedure, pleading or evidence, except that privileged communications shall not be admissible. The object of such trials shall be to determine the rights of the litigants on the merits and to dispense expeditious justice between the parties.

The successful plaintiff in a civil case will in most cases be awarded a money judgment as compensation for the defendant's wrongful act. The judgment is judicial recognition that the defendant is indebted to the plaintiff for a particular sum of money. The plaintiff is never assured of actually receiving the money, however, since the judgment can only be enforced out of property belonging to the defendant. Remedies to enforce judgments are available, but a defendant in a civil case is not subject to criminal sanctions for failing to pay a money judgment.

Civil Rights litigation: Generally, civil rights litigation is associated with issues involving governmental interference with federal or state rights under the Civil Rights Act of 1964 or the Americans with Disabilities Act (ADA). Civil rights law is an expansive area that also covers rights guaranteed by state and federal laws, as well as rights guaranteed by the United State Constitution.

Computer litigation: more businesses and individuals utilize computers and the Internet to perform a variety of functions and tasks. For example, computers today are used to help us communicate with each other, create and draft documents and plans, and balance our books and records, to name a few.

Unfortunately, with this new computer age comes a host of legal issues such as copyright and other intellectual property rights, Internet domain name disputes, warranty liability arising from the sale and distribution of computer software and hardware, and Year 2000 compliance. Also, the Internet has caused the courts to address the application of established legal principles such as personal jurisdiction to those whose sole contact with an out-of-state jurisdiction is through the maintenance of a web site or the purchase or sale of goods. back to top

Consumer Law litigation: These types of lawsuits arise when an individual believes he or she has been cheated in some way or a loss occurs from a fraud perpetrated on the innocent public.

Consumer protection covers a wide range of topics, including but not necessarily limited to product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other consumer/business interactions.

Sometimes it becomes appropriate to include a large group or class of individuals in the lawsuit. These are called class action lawsuits and I have represented individuals in these types of lawsuits as well.

The following is a list of the statues that may be used to protect individuals against companies in the consumer rights context:

The Consumer Fraud Deceptive Practices Act, The Uniform Deceptive Trade Practices Act, The torts of Common law fraud, fraudulent concealment, unjust enrichment, breach of fiduciary duty, intentional interference with a contractual relationship, and fraudulent misrepresentation, and Unreasonable and vexatious refusal to pay claims by insurance companies.
Corporate and Business Law: Commercial law (sometimes known as business law) is the body of law which governs business and commerce. It is often considered to be a branch of civil law and deals both with issues of private law and public law. Commercial law regulates corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes which contain comprehensive statements of their commercial law. In the United States, commercial law is the province of both the United States Congress under its power to regulate interstate commerce and the states under their police power. Efforts have been made to create a unified body of commercial law in the US; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code.

Various regulatory schemes control how commerce is conducted. Privacy laws, safety laws (i.e. the Occupational Safety and Health Act in the United States), food and drug laws are some examples.

Disability law: Generally, the ADA applies when a person has either a physical or mental impairment that substantially limits one or more major life activities such as hearing, walking, seeing, or learning; a record of such an impairment; or is regarded as having such an impairment. Indeed, a manager has violated the ADA if she wrongly perceives that an employee is suffering from an illness (AIDS, for example) and discriminates because of it. Discrimination lawsuits under the Americans with Disabilities Act of 1990 are a growing concern for small business, but the threat isn't always from the feds. The ADA bars suits against companies with fewer than 15 workers, but state laws may not. Indiana's threshold is six; New York's, four. State law also can make owners and managers personally liable; federal law does not.

Entertainment, Arts and Sports Law: Such matters involve claims concerning contract negotiation, licensing, copyright and trademark registration and protection, and rights of publicity and privacy. The clients may be book publishers and authors, musicians, composers, artists, on-air talent, film and theater production companies, managers, and agents. back to top

Environmental litigation: Cases are brought by the firm on behalf of persons whose properties or other rights have been affected by toxic contamination or pollution. These cases involve complex scientific issues and thousands of exhibits. They require enormous financial and staff resources and sometimes take the form of class actions brought in the interest of numerous similarly-situated persons at a time.

Health Law: There are a variety of situations in which healthcare practitioners become involved in civil litigation. The most common example is medical malpractice lawsuits. Sometimes healthcare practitioners are sued by insurance companies for recoupment of benefits paid or for fraud resulting from the alleged submission of knowingly false HCFA 1500 claims forms. Some states offer the practitioner some relief from recoupment actions in the form of a relatively short statute of limitations for which claims for recoupment (absent fraud) can be made by an insurance company. This type of statute should substantially reduce the risk of practitioners to recoupment lawsuits, though it will probably have no effect on fraud claims asserted by insurance companies.

Federal and state authorities often investigate health practitioners. While the government has to right to investigate allegations of wrongdoing, it must do so in a reasonable manner and investigators cannot violate an individual’s constitutional rights, or commit criminal acts to further an investigation or obtain settlements for alleged violations of law. I have handled a number of cases for healthcare practitioners against government officials for overzealously or illegally pursuing investigations of healthcare practitioners. The basic claim under federal is a cause of action for deprivation of civil rights. In some situations the federal RICO statute against groups including government agents may be used.

Immigration and Nationality Law: Such matters focus on the acquisition and retention of employment credentials for executives, professionals and other skilled foreign workers. The would-be workers have to go through the application process, administrative hearings and every other stage of securing temporary and permanent work visas. Once the visas are granted, the workers’ need to comply with their employment authorization and finalize the verification process.

Insurance Law matters: These disputes are related to individuals and businesses whose claims for insurance benefits or coverage have been denied by their insurance company, including disability, health, life, homeowners, auto, property-casualty, liability and commercial insurance claims.

Labor and Employment Law: These are litigation matters that can arise out of the employer-employee relationship, including Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866 (Section 1981), the Equal Pay Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), Executive Order 11246 (the Contract Compliance Program), the Rehabilitation Act of 1973, the Fair Labor Standards Act (FLSA), the Occupational Safety and Health Act (OSHA), the Employee Retirement Income Security Act, the Employee Retirement Income Security Act (ERISA), the Family and Medical Leave Act (FMLA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Worker Adjustment Retraining and Notification Act (WARN), and the Immigration Reform and Control Act of 1986 (IRCA), as well as the full panoply of state and local laws that regulate the workplace.

Trademark and Copyright: With trademarks, you clearly want that different than your competitor. In today’s really competitive environment, it’s getting harder to differentiate yourself with just products and services. What’s really important is the brand—the consistent experience your customers have every time they deal with you. Your brand is your essence, promise and personality. If there’s any confusion, you don’t want someone to take your equity, plus you don’t want to diminish that experience. The standard in these cases is “likelihood of confusion.” This means if a substantial portion of the public is confused by use of a similar name there can be a trademark infringement. You don’t have the defense that you own your last name. An important point about trademark law is, while it gives the trademark owner the right to protect the name, it’s really aimed at protecting the consumer. A name has almost zero value until you’ve used it. The value comes with people getting to know the business through the name.

New business owners often don’t check the U.S. Government to see if their business name is already registered or take the time to register it, which they should do before starting business. Without it, several months or even years later, a registrant can come along with that name and legally demand an older business to bear the expense of a name change.

A federal copyright is infringed when another person or entity reproduces the work of the owner of the copyrighted material without the owner's permission. There is no set standard regarding how much of a work can be taken without constituting copyright infringement. However, with a registered federal copyright the owner of the registration has a substantial advantage should a legal situation arise surrounding the copyrighted material. back to top

Real Estate disputes: Real estate disputes include, but are not limited to, the following issues:

The land value, percentage rate of return, and/or economic land rent for a renewal period of a land lease agreement; The economic rent for a renewal term for office, retail, industrial, or special-purpose space when the renewal period is to be set at the "going rate"; The appropriate remedy for lease disputes involving revenue issues, expense escalation reimbursements, and operational, occupancy, and use issues; The market value of land, improvements or both as provided in a lease agreement that grants the lessee a purchase option at an unspecified price; The market value of a partial interest in real estate including a mortgage or an equity position, leased fee, leasehold estate, sandwich leasehold, sub-leasehold, air rights, transferable development rights, subsurface rights, easement, and life estate and remainderman interests; The market value of a fractional ownership interest in a property in order to arrive at a "buyout" price under the terms of a partnership or other joint-ownership agreement; The market value, if any, of a future purchase option, right of refusal, right of last offer, and similar features; The appropriate remedy concerning a dispute about the terms and conditions of a real estate contract or partnership agreement; A decision in the construction phase of a real estate development concerning timing, scope of work, quality, and/or costs and the apportionment of obligations and benefits among the architect, owner, contractor, and tradesmen; A decision on whether or not a real estate commission has been earned and is payable; The appropriate remedy in a title dispute; The appropriate remedy in a dispute about the terms and conditions of a real estate loan or loan default; A decision rendered in a condominium, cooperative, or owners' association dispute; A decision in a tax certiorari dispute; A decision concerning just compensation in a property condemnation case; The equitable allocation of a portfolio of real estate assets among claimants arising from an estate settlement, divorce settlement, the unwinding of a joint-venture, or the dissolution of a business entity; Resolution of a dispute involving land use and zoning issues; The relative impact on real estate value of adverse environmental conditions; A decision concerning a dispute involving hotels, motel, clubs, or casinos; A decision in a dispute between real estate investors residing in different countries.

Sports law disputes: Colleges and universities, businesses, and individuals involved in collegiate and professional sports have encountered a substantial increase in the number of specialized legal issues over the past decade. In today’s world of sports, we are called upon by our clients to advise them on issues involving complex commercial transactions, intellectual property rights, privacy regulations, licensing, National Collegiate Athletic Association (NCAA) investigations and compliance, and contract negotiations and dispute resolution that arise continuously and demand rapid responses.

Medical Malpractice: Medical malpractice disputes involve injuries caused by a medical practitioner acting in a negligent manner by falling below the standards of his or her profession when treating a medical condition.

Survivor and wrongful death actions: These claims involve actions brought by the executor or personal representative of the decedent’s estate when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, or claims brought by the surviving spouse or family members.

Drug & Medical Device litigation: Such litigation is related to serious injuries such as organ damage or even death caused by insufficiently-tested pharmaceuticals and medical devices.

Product Liability litigation: Products Liability litigation is related to claims alleging injuries caused by defects in product design and manufacturing and a manufacturer’s failure to warn.

Premises Liability (Slip & Fall): These disputes involve injuries in premises held out to the public, such as a retail store, parking lot or apartment complex and the premises owner or manager failed to provide adequate safety or warn of dangerous conditions.

Employer-employee liability: This litigation is related to injuries caused by an employee during the course of his or her work for which the employer was responsible. Representative cases may be where an employee delivery driver strikes a pedestrian, a school employee abuses children, etc.

Elder abuse: Elder abuse may involve physical abuse, such as striking, pushing, shoving, shaking, slapping, kicking, pinching, burning, improper use of drugs and physical restraints, and force-feeding, sexual abuse, such as unwanted (including acts where the elder lacks mental competence to consent) touching, all types of sexual assault or battery, such as rape, sodomy, coerced nudity, and sexually explicit photographing, emotional or psychological abuse, such as threats or misrepresentations to elders, neglect such as a refusal or failure of an obligated individual or entity to fulfill duties owed to an elder, abandonment such as the desertion of an elderly person by an individual or entity who has assumed responsibility for providing care for an elder, and financial or material exploitation such as the illegal or improper use of an elder's funds, property, or assets.

Paralysis Litigation: These disputes involve negligence that causes an accident that leads to paralysis or medical malpractice by a physician or other medical provider where the treatment or failure to treat by such physician or medical provider leads to paralysis.

Heart Attack: These disputes involve negligence that causes an accident that leads to heart attack or medical malpractice by a physician or other medical provider where the treatment or the failure to treat by such physician or medical provider leads to heart attack.

Stroke: These disputes involve negligence that causes an accident that leads to stroke or medical malpractice by a physician or other medical provider where the treatment or the failure to treat by such physician or medical provider leads to stroke.

Injury to Newborns: These disputes involve negligence that causes an accident that leads to injury to newborns or medical malpractice by a physician or other medical provider where the treatment or the failure to treat by such physician or medical provider leads to injury to newborns. back to top

Brachial Plexus Injury: These disputes involve negligence that causes an accident that leads to brachial plexus injury or medical malpractice by a physician or other medical provider where the treatment or the failure to treat by such physician or medical provider leads to brachial plexus injury.

Surgical Mistakes: These disputes involve medical malpractice by a physician or other medical provider where the treatment or the failure to treat by such physician or medical provider leads to surgical mistakes.

Injuries from Anesthesia: These disputes involve medical malpractice by an anesthesiologist or other medical provider where the treatment or the failure to treat by such anesthesiologist or medical provider leads to anesthetic injury.

Missed or Incorrect Diagnosis: These disputes involve medical malpractice by a physician or other medical provider where the medical doctor or medical provider fails to treat or incorrectly treats a medical condition, and such treatment or failure to treat leads to injury or death.

Premises Liability: Such litigation involves premises held out to the public, so that the person or entity in control of the premises has a duty to provide a safe environment, there was a breach of the duty by failing to provide such a safe area, such negligence led to injury of a visitor of the premises and the injured party suffered damages. An example might be where there is construction at a retail store or parking lot and there were no warnings so that a patron slips and falls. The premises manager might take the position the construction was open and obvious or that an independent contractor, rather than the manager of the premises, was responsible for the injury.

Uninsured or Underinsured Motorist: These disputes involve vehicle accident where the party responsible for the injury had no insurance or was insufficiently covered to sufficiently indemnify the injured party.

Railroad Crossing Accidents: This litigation is related to collisions between freight trains and vehicles injuries typically caused by faulty or obstructed warning equipment that may not have been properly maintained or negligently inattentive railroad employees.

Trucking Accidents: This litigation is typically related to collisions between commercial trucks and pedestrians or other vehicles or objects, such as buildings. Such disputes may involve a trucker during the course of his or her work for which the employer was responsible.

Smoke and Fire Damage: Insured homeowners and business owners may get into disputes with the insurance carrier over whether insurance policy coverage is triggered by an occurrence of smoke and fire or whether it is excluded.

Hurricane and Tornado Damage: Insured homeowners and business owners may get into disputes with the insurance carrier over whether insurance policy coverage is triggered by hurricane and tornado damage or whether it is excluded.

Flood Insurance: Insured homeowners and business owners may get into disputes with the insurance carrier over whether insurance policy coverage is triggered by an occurrence of flooding or whether it is excluded.

Medical Malpractice: Medical malpractice disputes involve a negligent act or omission by a health care provider, insofar as such act or omission which deviated from medical professional standards and such act or omission caused injury to the patient. back to top

Drug Injuries & Death: People die from or are seriously injured by prescription and over-the-counter drugs they believe to be safe because they have been approved by the U.S. Food and Drug Administration or prescribed by doctors or pharmacists, but many of these defective drugs are inadequately tested or have insufficient warnings on their labels.

Medical Device Injury & Death: Such litigation is related to claims involving injuries caused by defects in medical device design, and medical device manufacturing and a medical device manufacturer’s failure to warn.

Lead Paint Claims: These claims typically involve injury from lead poisoning to young children. Such kinds of injuries lead causes in children include learning disabilities, brain damage (sometimes subtle), loss of IQ points and intellect, academic failure, neuropsychological deficits, attention deficit disorder, hyperactive behavior, antisocial (criminal) behavior , neurological problems, encephalopathy (brain swelling), major organ failure, coma, and death.

Nursing Home Abuse, Bedsores, Injuries and Death: Nursing home abuse may involve physical abuse, such as striking, pushing, shoving, shaking, slapping, kicking, pinching, burning, improper use of drugs and physical restraints, and force-feeding, sexual abuse, such as unwanted (including acts where the elder lacks mental competence to consent) touching, all types of sexual assault or battery, such as rape, sodomy, coerced nudity, and sexually explicit photographing, emotional or psychological abuse, such as threats or misrepresentations to elders, neglect such as a refusal or failure of an obligated individual or entity to fulfill duties owed to an elder, abandonment such as the desertion of an elderly person by an individual or entity who has assumed responsibility for providing care for an elder, and financial or material exploitation such as the illegal or improper use of an elder's funds, property, or assets. back to top

Insurance Claims: Insurance litigation is the area of law that deals with disputes arising between insurance companies and their policy holders. An insurance company has a legal obligation to act in good faith and cover the damages specified in the policy.

Disability insurance Claims: Disability claims may be denied by the insurance company due to a lack of coverage for the specific medical conditions, if the injured is able to continue working, or if the treating physician does not promptly forward medical reports to the carrier.

Life Insurance Claims: Life insurance disputes arise when there is a distribution of the proceeds arising out of failure to complete a change of beneficiary in accordance with the policy’s provisions a third-party distribution without the surviving spouse’s written consent, circumstances in question as to how the decedent died, a dispute as to the policyholder’s competency at the time beneficiary designations were made or a situation where the decedent died as a result of an accident.

Elder Abuse Claims: Elder abuse may involve physical abuse, such as striking, pushing, shoving, shaking, slapping, kicking, pinching, burning, improper use of drugs and physical restraints, and force-feeding, sexual abuse, such as unwanted (including acts where the elder lacks mental competence to consent) touching, all types of sexual assault or battery, such as rape, sodomy, coerced nudity, and sexually explicit photographing, emotional or psychological abuse, such as threats or misrepresentations to elders, neglect such as a refusal or failure of an obligated individual or entity to fulfill duties owed to an elder, abandonment such as the desertion of an elderly person by an individual or entity who has assumed responsibility for providing care for an elder, and financial or material exploitation such as the illegal or improper use of an elder's funds, property, or assets.

Sexual Assaults: Such litigation involves an intentional, unlawful offer of sexual touching that is without consent or by force, or force unlawfully directed towards an individual, such actions create a fear of imminent peril and alleged perpetrator has the apparent present ability to effectuate the attempted action. back to top

Serious Injuries and Accidents: If you have been injured through the carelessness, negligence or irresponsible behavior of another individual or organization, you probably have a valid personal injury claim. Since most of the time you will suffer some form of loss, you have a claim arising from injuries sustained as a result of the use or operation of motor vehicles, including claims against the at-fault motorist & uninsured motorist claims.

Wrongful Death: A Wrongful Death occurs when an individual’s death is caused by the wrongful act or negligence of another. Wrongful death is the basis for a lawsuit, a wrongful death action, against the party or parties who caused the wrongful death. Action may be filed on behalf of certain members of the family of the deceased due to wrongful death. Thus, a wife or child might be entitled to compensation for the personal loss of a father through wrongful death, including the amount of financial earnings of the deceased parent if the parent was still alive. The idea behind a wrongful death lawsuit is that the wrongful death, in addition to injuring the person who died, also injured people who depended upon the deceased for financial or emotional support before the wrongful death.

Cruise Ship Accidents: These disputes typically involve injured passengers suing the cruise lines. Common cruise ship injuries include on-board slip and fall accidents on decks, stairs, or swimming areas, physical or sexual assault by passengers or crew, sports-related injuries in cruise-sanctioned excursions (including parasailing, mopeds, snorkeling, scuba diving, tour buses, and charter fishing boats).

Swimming Pool Accidents: Swimming pool operators and owners have a duty of care towards patrons that use their swimming facilities. Injuries and fatalities may result from a failure to mark shallow water, properly place and install diving boards, secure the premises after hours, or place a lifeguard on duty.

Water Craft Accidents: Watercraft accidents are any accidents that occur on a boat. An operator of a boat must use the same reasonable care while driving a boat on the waterway as a driver of a car would have to use on the road, which means the driver must use the same degree of care that would be required of a reasonably prudent driver acting in the same or similar circumstances. Generally, for a boat operator to meet the test of reasonable care, he or she must maintain a reasonable watch for other boats, other watercraft (jet ski), water skiers, swimmers and rock formations. Furthermore, a boater's degree of care does not stop with the operation of the boat. All boaters also have a duty to maintain their watercraft in a safe operating condition, which includes proper mechanical maintenance as well as proper equipment.

Faulty Products Causing Severe Injury: Faulty Products litigation is related to claims alleging injuries caused by defective product design and manufacturing and a manufacturer’s failure to warn.

Motorcycle Accident litigation: Such litigation involves motorcycle accident, which is often one of the deadliest accidents, with injuries tending to be more serious, and medical costs being higher. This is because lightly-protected Motorcyclists are often injured by negligent car drivers. In the majority of cases, the other vehicle violated the motorcyclist's right-of-way and caused the accident.

Airplane Accident litigation: These disputes involve airplane crashes, whether the cause of the crash was pilot error, FAA Controller error or defective airframe/engine components, or other cause.

Negligent Security at Apartment Homes, Stores and Shopping Centers: These disputes involve crimes in premises held out to the public, such as a retail store, parking lot or apartment complex and the premises owner or manager failed to provide adequate safety or warn of dangerous conditions.

Slip and Fall Accidents: These disputes involve injuries in premises held out to the public, such as a retail store, parking lot or apartment complex and the premises owner or manager failed to provide adequate safety or warn of dangerous conditions.

Brain Injury: A brain injury may be caused various ways, The most common causes are trucking accidents, where a collision may have occurred after a trucker dozed or failed to maintain his equipment, defective products, unlawful alcohol consumption, such as when there has been an unlawful sale of alcohol leading to brain injury, slip and fall accidents, or worker injury. back to top

Dog Bites: Most American states and the District of Columbia have passed statutes which create liability in the absence of the traditional requirements for legal responsibility. These dog bite statutes vary widely. They may impose liability upon whomever had custody of the dog as well as its owner, apply to non-bite injuries as well as bites, limit their scope to only the victim's medical bills, or provide for additional compensation if the dog previously bit a person. While the majority of dog bite statutes impose strict liability based on ownership of the dog, a number combine concepts of negligence, common law strict liability, and/or violations of local law. The usual defenses to dog bite claims are that the victim provoked the dog, was a trespasser, was negligent, consciously assumed the risk of being bitten, or was a canine professional who was deemed to assume the risk. When the victim is a child, another defense is that his parent negligently failed to supervise him, and therefore was a cause of the accident (however, this defense is usually limited to an extreme lapse of supervision on the part of the parent). In one bite states, the primary defense is that the dog owner did not have previous knowledge that his dog had vicious tendencies, and therefore should not be held liable for the dog's first bite. Because these defenses are based on state statutes or judicial decisions, the defenses are different from state to state; furthermore, any particular defense might not apply in a specific case because of the particulars of the law in the jurisdiction where the incident happened. If a state does not have a dog bite statute, that state is a one-bite state. In one-bite states, legal responsibility is determined by the following principles. The first issue is whether the dog previously bit anyone. If so, then the dog owner / custodian is strictly responsible. If the answer is no, the second issue is whether the dog previously did something that should have put the owner / custodian on notice that the dog was inclined to bite somebody in the future. If that answer is no, we consider whether the person having custody of the dog at the time of the incident had violated any law pertaining to public health or safety, which was intended to protect people like the victim. An example would be a leash law, but there could be regulations such as those that restrict dogs from being in day care centers are beauty parlors. The violation of such a law would be considered "negligence per se." In some states, like Georgia, the violation is not negligence per se but rather an alternate way of proving liability under the dog bite statute. If we cannot find negligence per se, we consider whether the accident was caused by negligence. For example, a dog that is habitually mistreated, or sick, or suffering from a painful disease is more likely to bite a person, even if the dog has never done so before. Negligence is a ground for liability in most but not all of the one bite states. Sometimes it is referred to as "premises liability" when the incident happens on the dog owner's or custodian's land. If the dog owner or custodian is not legally responsible, then we consider whether anyone else might be liable as a result of their negligence or knowledge of the dangerous propensity of the dog to bite people.

Burn and Fire Injuries: Injuries, death and other losses from a fire may occur because some person or entity has failed to fulfill a legal duty owed to others. Recovery for fire losses caused by a failure (or breach) of duty is based on the legal theory of negligence. In order to establish a claim for negligence, the plaintiff must show that the defendant had a legal duty; the defendant breached that duty; this breach was the proximate cause of the plaintiff's injuries; and the plaintiff was injured or damaged in some way. While laws may differ from state to state, responsibility for burns, deaths and property losses caused by fire may be imposed on the basis of negligence when:

A landowner or possessor maintains a dangerous condition on their property; for example, failing to install smoke detectors Professionals negligently perform their services A municipality or other public agency fails to recognize a potential hazard or recommend precautions A property owner or possessor stores flammable or combustible materials near heat sources or in other unsafe ways A company or individual fails to install or maintain electrical wiring in a proper manner A property owner blocks or obstructs fire exits on the premises so people are unable to exit
If a fire is caused by a defective or dangerously designed product, the manufacturer, distributor or seller of that product may be liable for any damages the fire causes. Product liability laws vary from state to state, but generally the plaintiff must show that the product was actually defective, improperly designed or that the defendant was otherwise at fault; that the defendant actually manufactured, distributed, sold or installed the product; and that the defendant's act or omission proximately caused the plaintiff's injury.

There are three general types of defects:

Design Defect: A design defect is a problem with the design of the product that makes it unreasonably dangerous. For example, an automobile manufacturer may design a car with the exhaust too near the fuel intake creating dangerously combustible conditions.

Manufacturing Defect: If a product does not meet the designer or manufacturer's own specifications, there is a manufacturing defect. Severe fire losses have been linked to manufacturing defects in consumer products such as toasters and coffee pots, industrial equipment, building materials and finished surface materials like carpeting.

Marketing Defect: Improper labeling of products, insufficient or inadequate instructions for product use and operation or the failure to warn of hidden dangers within the product are all examples of marketing defects. In particular, chemicals, solvents and products that require electricity and are used near water require clear warnings or their manufacturers and sellers could face liability if they are not labeled properly.

Neck and Back Injuries: It is important to identify the location of the injury in order to receive the correct treatment. How the injury occurred is the best indicator of how to correct the damage. The most common causes of spine, back and neck injuries are:

Car Accidents
Violent Attacks
Slips and Falls
Sports-related Accidents
Lifting

The most common types of injuries inflicted by such incidences are:

Spinal Cord Injury - The spinal cord is severely injured in the accident and may result in loss of motion or feeling to the lower extremities or permanent paralysis.
Slipped Disc - The pads of cartilage in between each vertebrae in your spine can be damaged or become herniated.
Compression Fractures - The bones of the spine break due to severe trauma.
Whiplash - The most common neck injury after a car accident, the neck can snap and become overextended.

Birth Defects: While birth injuries are generally caused by something that went wrong during the delivery process itself, birth defects involve harm to a baby that arose prior to birth, usually caused by something that happened during or before the mother's pregnancy. back to top

Estimates are that 7% of all babies are born with a birth defect or irregularity, from very minor to severe.

Birth defects can be caused by a number of factors, including heredity and environment (such as a mother's prescribed or illegal drug use). A chemical or agent that causes birth defects in a child is called a "teratogen." A number of drugs have been found to be teratogens, and many of these were initially meant to aid a woman's pregnancy. These teratogens include: Delalutin, a drug administered to pregnant women for the prevention of miscarriages; Bendectin, a medication given to pregnant women, to fight nausea; and Ortho-Gyno, a spermicide.

It is important to remember that the causes of many birth defects are unknown, and in other cases a birth defect can be caused by the mother's own actions during pregnancy, such as alcohol or drug consumption. In these instances your rights to a legal recovery for birth injury may be non-existent or extremely limited.

No matter what the particular facts of your case happen to be, in order to recover for birth injury you will likely need to show that medical providers and/or a pharmaceutical company failed to give you or your baby adequate medical care or medication advice during pregnancy and/or delivery.

Generally, to find a medical professional legally at fault, it must be shown that his or her conduct fell below a generally accepted standard of medical care. To establish the standard that will be applied, your attorney will most likely consult with and present the testimony of another medical expert, who is qualified in the same area of medicine as the defendant. This expert will indicate what standard or level of care is commonly met by those recognized in the profession as being competent and qualified to practice. Your attorney will present expert testimony not only as to the applicable standard of care, but also testimony establishing that the defendant failed to meet this standard in your case.

In medical malpractice actions, causation is sometimes a challenge to establish. Specifically, your attorney must show that your health care provider's deviation from the applicable standard of care resulted in his or her injury. This is challenging because sometimes, the health care provider's deviation from the standard of care may not have caused the plaintiff's eventual injury, and vice versa.

If you bring a lawsuit against your obstetrician, other caregivers, and/or a medical facility for birth injuries to your child, it will be your attorney's responsibility to show that:

Defendant (which can include an obstetrician, physician, nurse, medical facility, pharmaceutical company, medical device manufacturer) owed a legal duty of care to your baby (and to you, in some cases); Defendant breached that legal duty or standard of care by acting or failing to act in a manner in which a reasonably competent individual would have, under the circumstances; Defendant's breach of the legal duty or standard of care caused harm to your baby (and to you, in some instances).

In order to establish that birth injuries were caused by the defendant(s), your attorney will most likely use expert witnesses to comment on and interpret complex medical procedures and issues in your case, including: what to expect during a normal pregnancy and delivery; what could have been expected during the pregnancy in your case; what actually occurred during the pregnancy in your case (including specific description of any complication during pregnancy or delivery); physical and medical evidence of harm to the baby; and opinion as to whether any harm resulted from complication during pregnancy or delivery.

Your claim for birth injury may be based not on complications during delivery, but on the mother's use of a prescribed drug or medication during pregnancy. These claims are typically brought against pharmaceutical companies, pharmacists, and treating physicians, and are usually based on a theory that the defendant(s) "failed to warn" the mother of the risk of taking the drug in question. If your lawsuit for birth injuries is based on the mother's use of a legally-prescribed drug during pregnancy, you will generally need to show:

The mother used the drug in question during pregnancy The mother's use of the drug in question was prescribed by a physician, pharmacist, or other health care provider The birth injury is not likely due to genetics, heredity, disease, or other factor (this is usually accomplished through expert opinion) The drug in question is capable of causing birth defects The drug in question actually caused the birth injury

Amputation litigation: Amputations occur most often when workers operate unguarded or inadequately safeguarded mechanical power presses, power press brakes, powered and non-powered conveyors, printing presses, roll-forming and roll-bending machines, food slicers, meat grinders, meat-cutting band saws, drill presses, and milling machines as well as shears, grinders, and slitters. back to top

These injuries also happen during materials handling activities and when using forklifts and doors as well as trash compactors and powered and non-powered hand tools.

Activities involving stationary machines also expose workers to potential amputation hazards: setting-up, threading, preparing, adjusting, cleaning, lubricating, and maintaining machines as well as clearing jams.

According to OSHA, the following types of mechanical components present amputation hazards:

Point of Operation - the area of a machine where it performs work on material Power transmission apparatuses - flywheels, pulleys, belts, chains, couplings, spindles, cams and gears in addition to connecting rods and other machine components that transmit energy

In addition to mechanical components, mechanical motion is also hazardous.

In running nip points (pinch points) - occur when two parts move together and at least on moves in a rotary or circular motion that gears, rollers, belt drives, and pulleys generate.

The most common types of hazardous mechanical motion includes:

Rotating - circular movement of couplings, cam, clutches, flywheels, and spindles as well as shaft ends and rotating collard that may grip clothing or otherwise force a body part into a dangerous location Reciprocating - back and forth or up and down action that may strike or enter a worker between a moving part and a fixed object.
Transversing - movement in a straight, continuous line that may strike or catch a worker in a pinch or shear point created between the moving part and a fixed object.
Cutting - action generated during sawing, boring, drilling, millings, slicing, and slitting.
Punching - motion resulting when a machine moves a slide (ram) to stamp or blank metal or other material.
Shearing - movement of a powered slide or knife during metal trimming or shearing.
Bending - action occurring when power is applied to a slide to draw or form metal or other materials.

Employers must recognize, identify, manage, and control amputation hazards commonly found in the workplace such as those caused by mechanical components of machinery, the mechanical motion that occurs in or near these components, and the activities that workers perform during mechanical operation. Employers must also comply with the Fair Labor Standards Act which generally prohibits employees under the age of 18 from operating band saws, circular saws, guillotine shears, punching and shearing machines, meatpacking or meat processing machines, paper products machines, woodworking machines, metal forming machines, and meat slicers.

Animal Attack litigation: To succeed in most animal attack cases, the injured person must prove that the animal that caused the injury was owned and kept by the defendant. In the past, the injured person was also required to show that the owner knew or should have known that his or her animal was dangerous, mischievous, vicious, or prone to such threatening behaviors. Under current law, however, when it is proven that an owner was somehow negligent, such as by not properly restraining or containing the animal, the injured person may often recover damages without proving the animal’s viciousness. back to top

An owner of an animal may be found liable under any circumstances in which he or she had knowledge of the animal’s viciousness but failed to act in order to prevent injuries to others. Accordingly, if an animal exhibits vicious or uncontrollable behavior, the owner should take steps to shield the public from the animal. For example, if an individual owns a pit bull with a propensity to attack and bite without provocation, the owner should probably keep the dog indoors and, while outside, in a yard from which it cannot escape. If he or she does not adhere to these common-sense guidelines and the animal attacks, the injured party may be able to recover his or her damages.

Those who keep animals generally considered wild, such as lions, bears, and monkeys, are typically liable for injuries caused by such animals regardless of whether the particular animal is known to be dangerous. Because wild animals are generally presumed to have a natural tendency to revert to their wild mannerisms no matter how well trained or domesticated, owners of such animals are often said to be "strictly liable" for any injuries caused by their wild animals. However, strict liability may not apply if the animal injures someone while it is confined or restrained on its owner’s property, but this is a factually dependent argument that will not apply in every case.

In some states, it is not always necessary for the animal to actually bite or attack the victim to hold the owner liable for an injury. For example, a pedestrian who breaks his or ankle in a frightened attempt to get away from a fenced in dog's snapping, barking, or other aggressive behavior, may nonetheless be able to sue the dog’s owner successfully if he or she can show that the actions of the dog led to the injury.

People who are injured in animal attacks are not always entitled to recover damages. If the injured person provoked the animal, for instance, recovery may be denied. Similarly, if a pet owner informs his or her neighbor that his or her pet parrot is not friendly and should not be touched, but the neighbor does not heed this warning and is thereafter pecked or bitten, recovery may be denied. If the owner merely stated that the parrot was not always friendly, on the other hand, but still encouraged the neighbor to pet it, the owner could likely be liable.

People who are injured by an animal while on the owner's property are generally unable to recover if they are trespassing at the time of the attack. In many states, in order to successfully bring suit under a dog bite statute, the injured person must show that he or she was lawfully in the place where the injury occurred. If injured person was a trespasser at the time of the attack, the animal's owner may not be liability for injuries caused by his or her animal. If, for example, someone jumps over a fence into an enclosed junkyard with “Beware of Dog” warnings posted and taunts the German shepherd guard dog with a stick, the junkyard owner may not be liable if the dog bites the trespasser.

Roof Leakage: Builders who fail to keep customers dry and comfortable will almost inevitably end up in a lawsuit. Complaints also focus on defective products that fail to live up to their advertised claims, such as lifelong plastic plumbing systems and untested, leaky windows. Homeowners often feel cheated when these simple components cause trouble in their $200,000 homes. They resort to the law to help them recoup.

Defects occur for many reasons, some more frequent than others. These include complex house design; changing customer expectations; new, untested, and incompatible materials; a lack of quality control on the job site; changes in the workforce; compressed schedules; and the lack of widely accepted standards for quality verification.

Broken Pipes: Builders who fail to keep customers dry and comfortable will almost inevitably end up in a lawsuit. Complaints also focus on defective products that fail to live up to their advertised claims, such as lifelong plastic plumbing systems and untested, leaky windows. Homeowners often feel cheated when these simple components cause trouble in their $200,000 homes. They resort to the law to help them recoup.

Defects occur for many reasons, some more frequent than others. These include complex house design; changing customer expectations; new, untested, and incompatible materials; a lack of quality control on the job site; changes in the workforce; compressed schedules; and the lack of widely accepted standards for quality verification. back to top

Building Collapse: Building collapse cases involve a claimant alleging defective structural design causing or contributing to the failure of the building structure or its components. In other cases, clients may make claims against the design and construction team for defective design and construction.

Civil Theft Claim: Civil theft occurs when Defendant’s unauthorized act; deprives plaintiff of his or her property permanently or for an indefinite time; and such deprivation is inconsistent with defendant’s ownership interest in the property.

Aviation litigation: The Federal Aviation Administration (FAA) was created by an act of Congress in 1958 in response to a series of tragic midair collisions is charged with overseeing aviation safety and is responsible for developing and maintaining a common system for navigating and controlling air traffic. The FAA is responsible for creating, revising, and enforcing the laws that govern civil aviation. In fact, it is the primary source of all aviation law and the chief regulatory agency for aviation safety and standards. After an aviation accident, officials with the FAA and the NTSB (National Transportation Safety Board) will investigate the accident to determine its cause and other pertinent factors. The FAA often implements new aviation safety rules and regulations in response to identified aviation dangers. For example, if icy conditions are found to be responsible for an aviation accident, the FAA may consider additional safety measures such as special pilot training.

The people who work for the airline have a duty of care. Their duty of care is high because they have special knowledge about their jobs that regular people do not have. Pilots, for example, may be held responsible for an accident that occurs when they fly the plane in an unsafe way or by doing something that they were not trained or licensed to do.

The people dealing with the airplane are responsible for the passengers' safety throughout the flight and if something goes wrong, may be held accountable for anything that goes wrong. If any of them did not do their job properly and an accident occurred, they would be held responsible for what happened and the airline that employed them may be held responsible to the people injured by their mistake.

Because it is difficult to sue a person that works for an airline and collect the amount of money that you are trying to get, you can sue the airline itself. They are responsible for the accident just as much as the person who did not use ordinary care because the person was working for the airline at the time that he or she was negligent. That person is said to have been acting as an "agent" of the airline.

However, since an airplane accident is usually caused by various factors, you can sue a lot of different people and the jury will decide who is to blame for what and for how much. Sometimes it is hard to figure out why an accident happened and who to blame for it. Sometimes there is no evidence that investigators can use to determine what went wrong and whose fault it was. In a lot of these cases it is likely that the courts will find that because of past knowledge of accidents like the present one, it could only have happened because of the negligence of someone.

Sometimes the owner of an aircraft can be held responsible for an accident if he or she knowingly let someone who was not able to fly the plane do so anyway, and an accident occurs. This is called "negligent entrustment". To prove this, you must show that the owner of the plane knew the person they allowed to fly the plane was not responsible enough or knowledgeable enough to fly the plane, such as knowing that the person had health problems that would make flying a plane difficult.

Those who have lost a loved one or been seriously injured in an aviation accident may be entitled to seek compensation through an aviation lawsuit.

Malpractice and Professional Negligence: Such disputes arise from the negligence of a attorney, accountant or other profession, when the professional falls below the accepted standard of care. Some examples include the following:

Dental malpractice
Architectural malpractice
Accounting malpractice
Engineering malpractice
Sports entertainment malpractice
Legal malpractice

Civil Trial Practice: Civil litigation, as opposed to a criminal prosecution, involves a dispute between two or more individuals or businesses, usually over money. Breach of Contract, Personal Injury, Malpractice and Landlord/Tenant disputes are examples of disputes that, if tried in court, are referred to as "Civil Litigation" matters.

Personal Injury: The basic concept of (torts) is that we owe each other a duty of “due care.” We must be careful to not cause injury to others because of carelessness. Our law says that if a person fails to be as careful as a reasonably prudent person would be in the circumstances that gave rise to the injury, the person causing the harm is legally responsible for the damages caused by his or her carelessness – negligence. Our laws require each of us to accept the responsibility for the harm that we cause by negligence. If we do not accept this responsibility, the law will impose it upon us through litigation and a jury trial.

If you prove liability – that someone’s or some entity’s negligence or wrongful conduct caused your injury, the following are some examples of the damages you may recover:

Past and future medical expenses
Past and future pain and suffering
Past and future lost income
Past and future home/life care
Loss of enjoyment of life, grief, emotional distress

Child Support: These matters involve a parent’s ability to pay monetary support to a child and may involve income imputed from other sources, such as when an employer pays the spouse in cash “under the table” without documentation.

Alimony: These matters involve a spouse ability to pay monetary support to an ex-spouse and may involve income imputed from other sources, such as when an employer pays the spouse in cash “under the table” without documentation.

Divorce: These matters involve dissolution of marriage and issues such as how the marital assets are to be divided and what role a parent will have in the growth and development of their children once the divorce tales effect.

Property Settlement: These matters involve dissolution of marriage and issues such as how the marital assets are to be divided once the divorce tales effect.

Visitation Rights: These matters involve dissolution of marriage and issues such what role a parent will have in the growth and development of their children in furtherance of the best interests of the child once the divorce tales effect.

Paternity: For purposes of support, visitation, and other parental rights and obligations, a mother may initiate a lawsuit to determine the identity of the father of a child born outside of marriage.

Will Contests: Grounds for Court Contest of Last Will & Testament includes circumstances where the Last Will & Testament didn’t have the proper legal formalities, the Testator or Testatrix of the Last Will & Testament lacked mental capacity (i.e., was senile or suffering from dementia), the Testator or Testatrix of the Last Will & Testament were under undue influence of another person, self dealing, fraud or excessive compensation.

Probate matters: Probate is where the debts and taxes of a decedent’s estate are paid before distributions are paid to heirs of the decedent. If you have a Last Will & Testament to provide guidance as to your intent, it is called testate probate. If there is no Last Will & Testament, it is administered by a statutory formula and it is called intestate probate.

Trust Matters: In order to contest a Trust Instrument, there has to be some kind of impropriety, such as that the Trust Instrument didn’t have the proper legal formalities, like execution of the Trust Instrument without proper witnesses, notary, or other requirements, the Grantor or Settlor of the Trust Instrument lacked mental capacity (i.e., was senile or suffering from dementia), the Settlor or Grantor of the Trust Instrument were under undue influence of another person, the assets of the Trust were distributed in violation of state law, there was unclear, confusing, or ambiguous language in the Trust Instrument, there was a breach of fiduciary duty by the Trustee for failure to make proper or timely distributions, failure to make proper or timely accountings, failure to administer the Trust in the manner required by the document, self dealing, fraud or excessive compensation.

Prenuptial and Postnuptial Matters: These disputes involve Prenuptial or Premarital Agreements regarding the distribution of personal and marital assets upon the dissolution of the marriage, insofar as such agreements that promote divorce, waive spousal support altogether or that require marriage as the contract's consideration will be held invalid for public policy reasons. One cannot contract around child support.

Dissolution of Marriage where equity and most of assets exceed $250,000: These matters involve dissolution of marriage and issues such as how the marital assets are to be divided and what role a parent will have in the growth and development of their children once the divorce tales effect. When there are appreciated marital assets, typically extensive negotiations need to take place between the former spouses to divide such assets as described in the settlement agreement.

Garnishment Matters: Wage garnishment disputes occur when an employer withholds the earnings of an individual for the payment of a debt as the result of a court order or other equitable procedure. back to top

Change of Names: Legal name change is merely the first step in the name-change process. One must officially register their new name with the appropriate authorities whether the change was made as a result of a court order, marriage, divorce, adoption, or any of the other methods described above. The process includes notifying various government agencies each of which may require a specific form, legal proof of the name change, and may or may not charge a fee. Important government agencies to be notified include the social security office[4], Passport Office, Post Office, and one’s local department of motor vehicles. Additionally the new name must be registered with other institutions such as one’s employer, bank, doctor, mortgage, insurance and credit card companies. Online services are available to assist in this process either through direct legal assistance or automated form processing.

Although state requirements differ, it is generally recommended to first register a new name with the social security office as some states’ motor-vehicle departments require an updated social security card to make the change—Arizona is one of these states.

Time can be of the essence. Most states require name changes to be registered with their department of motor vehicles within a certain time frame. For example, South Carolina[6], Washington, and Wyoming require a name change be registered with their office in a mere ten days. States like Illinois and Texas require it be registered within thirty days, while North Carolina provides its residents up to sixty days. The fees for registering a new name vary from state-to-state. The forms, along with the state-specific requirements, can generally be obtained for free.

Adoption Law: Litigation related to this issue has shown, however, that in a number of cases, adoption agencies and independent practitioners have failed to provide prospective adoptive families with known information about a child's physical, emotional or developmental problems or with critical background information about the child's birth family and history. In these cases, adoptive families, deprived of such information, have found themselves neither emotionally nor financially prepared to care for a child whose needs require enormously expensive medical or mental health treatment. Some of these families have sought redress in the courts.

Wrongful adoption is a cause of action based on, as its name implies, a wrong. Typically, the plaintiffs -- adoptive parents -- claim that they were wronged by agencies which failed to provide them with their child's full background information; that in doing so, the agency deprived them of the opportunity to make an informed decision as to whether to proceed with the adoption; and they were harmed as a result [that is, suffered financially, physically, or emotionally].

In response to litigation initiated by adoptive families, courts have recognized a duty to disclose known material information about a child's health and social background to prospective adoptive families. In the face of a breach of this duty to disclose, courts have held agencies liable for the tort of "wrongful adoption" and awarded adoptive families monetary damages. Although the duty to disclose applies to agencies and independent practitioners alike, most of the cases to date have involved agencies. An agency's breach of the duty to disclose can take many forms and, depending on the state, liability may be imposed when agencies misrepresent a child's background, deliberately withhold information, or are negligent in providing prospective adoptive parents with information that could be material to their decision whether to adopt a particular child.

While courts have provided a legal remedy when adoptive families have been harmed by failures to disclose, state legislatures have sought, through statute, to define the disclosure obligations of adoption practitioners to reduce the incidence of "wrongful adoption" and facilitate informed decision-making by adoptive families.

Elder Law: Elder Law is a relatively new specialized field of law that deals with the issues faced by the fastest growing segment of the U.S. population, the elderly. This area of law combines elements of Estate Planning, Wills and Trusts, Conservatorship (also called Guardianship), Health Care Planning, Medicare/Medicaid Planning, and Elder Rights.

Seniors are more active and live longer than ever before, but they have a new set of legal concerns that have rarely been addressed by earlier generations. Older people have always needed Wills and Estate Planning to pass their assets to their beneficiaries. Now that they are living longer, there are more issues about their future care that have to be included in Estate Planning, such as plans for housing, future medical care, and what to do if the person should become incapacitated. One of the most important questions that is being raised is how to provide long-term housing, with possibly increasing levels of care, as the seniors age. This, in turn, is giving rise to a whole new industry of senior living facilities and raising many legal questions about contract rights and the power of facilities to discharge residents. As continuing care becomes more and more expensive, seniors are also in need on information about long-term care insurance and government benefits.

Marital and Family Law: Marital and family law covers all legal matters pertaining to family, including civil unions, marriages, divorces, adoption, prenuptial agreements, child custody and property settlements. Although family courts in the United States hear cases dealing with people of varied social and economic classes, they are overloaded with cases concerning those who are disadvantaged. The courts, notorious for lacking resources, have been criticized for not being beneficial to those they attempt to help, especially since the most contentious family law issues are often child custody and visitation rights.

Child custody had been traditionally awarded to mothers from the onset of the 20th century, but as the father's role in the family evolved, laws changed to allow fathers custody, and eventually, the concept of joint custody was created. In joint custody, both parents share the responsibility of taking care of the child. Court decisions do not always make both parents happy. The Uniform Child Custody Jurisdiction Act (UCCJA) was enacted by states in the US because it was previously possible for a parent who was unhappy with a family court ruling in one state to kidnap the child in order to receive a more favorable decision in a different state.

The Uniform Reciprocal Enforcement Support Act (URESA) is an example of how the federal government has become more aggressive in collecting custodial support, because parents who are not receiving the required support are more likely to apply for welfare support. URESA allows for a person seeking custodial support from someone living in another state to sue for payment in his or her state of residency.

Wills Estates and Trust disputes: In order to contest a Last Will & Testament or a Trust Instrument, there has to be some kind of impropriety, such as that the Last Will & Testament or Trust Instrument didn’t have the proper legal formalities, like execution of the Last Will & Testament or Trust Instrument without proper witnesses, notary, or other requirements, the Testator or Testatrix of the Last Will & Testament or Grantor or Settlor of the Trust Instrument lacked mental capacity (i.e., was senile or suffering from dementia), the Testator or Testatrix of the Last Will & Testament or the Settlor or Grantor of the Trust Instrument were under undue influence of another person, the assets of Last Will & Testament or Trust were distributed in violation of state law, there was unclear, confusing, or ambiguous language in the Last Will & Testament or Trust Instrument, there was a breach of fiduciary duty by the Trustee, Personal Representative, Executor or Executrix for failure to make proper or timely distributions, failure to make proper or timely accountings, failure to administer the Trust or Last Will & Testament in the manner required by the document, self dealing, fraud or excessive compensation. back to top