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23 Oct 8:43 am
Coalition of Farmers and Environmental Groups to Challenge EPA Over Herbicide Approval - A coalition of farmers and environmental groups filed a lawsuit to sue the U.S. EPA on behalf of six Midwest states where a toxic herbicide cocktail called Dow's Enlist Duo, a blend of glyphosate and 2,4-D, was approved on October 15 for use on genetically engineered (GE) crops.(c)Waste Information & Management Services, Inc. (WIMS) Publishers of WIMS Daily Environmental HotSheet Jeff Dauphin, President Interlochen, MI 49643 E-Mail: jd@ecobizport.com Environmental Business… [read post]
23 Oct 8:31 am
According to an October 7 news release summarizing the IRS Oversight Board’s quarterly meeting in September, tax refunds and notices will be issued more quickly thanks to progress made by the Internal Revenue Service (IRS) on its new Customer Account Data Engine 2 (CADE 2) program. The program will help validate the quality of over 1 billion taxpayer records when taxpayer accounts are switched from the IRS’s current out-of-date master file system to the new CADE 2. According to the IRS Oversight Board Chairman, Paul Cherecwich Jr., the transition to the CADE 2 system… [read post]
23 Oct 8:30 am
NewsBank has a collection of newspapers from around the world. Its UK and Ireland collection includes the Daily Star (7/31/2005-current), The Guardian (1/1/1998-current), The Herald [Scotland] (1/1/1998-current), and The Observer (1/1/1998-current). Its Asia collection includes the Bangkok Post (10/16/2012-current), China Daily (12/20/2001-current), the Indian Express (4/23/2009-current), The Japan Times (1/1/1999-current), and St. Petersburg Times (9/8/2000-current). NewsBank also has newspapers from Africa, Australia, and Central and South America. To access NewsBank's international… [read post]
23 Oct 8:30 am
The good news is we are all living longer. The bad news is we do not necessarily keep up mentally or physically (or both) with each passing birthday. So, are you prepped financially - and legally - if dementia is in your future? Now is the time to get squared away. According to a recent USA TODAY article, titled "Financial planning for dementia," a person with dementia often feels insecure that he or she will lose control and everyone else will tell him what to do. Fortunately, there are conversations you can have now to help a person feel more independent and help… [read post]
23 Oct 8:25 am
Mortgage Fraud Blog. Emiel A. Kandi, 37, University Place, Washington, a former hard money lender, was sentenced in U.S. District Court to five years in prison, three years of supervised release and $831,607 in restitution for structuring some hard money loans to allow him to seize control of a home if the borrower missed a single payment, in others he submitted false information to lenders regarding the borrowers’ employment, salary, and intention to live in the home. The defendant pleaded guilty in April 2014 to Conspiracy to Submit False Statements in Loan Applications and to… [read post]
23 Oct 8:25 am
The Court in Burbar v. Inc. Vill. of Garden City,961 F. Supp. 2d 462,2013 U.S. Dist. LEXIS 117029,2013 WL 4427810(E.D.N.Y.2013) made a very important distinction when deciding the Defendant’s motion to dismiss.  After analyzing the facts of the case, the Court decided that probable cause to make an arrest does not automatically extend to support […] The post Important Distinction in Civil Rights Cases appeared first on The Law Firm of VAUGHN & WEBER, PLLC. [read post]
23 Oct 8:25 am
On October 21, 2014, the Supreme Court of Ohio handed down a merit decision in Friebel v. Visiting Nurse Assn. of Mid-Ohio, Slip Opinion No. 2014-Ohio-4531. In a 5-2 decision written by Chief Justice Maureen O’Connor, in which Justice Terrence O’Donnell concurred in judgment only, the court held that the dual purpose or dual intent doctrine (the terms are used interchangeably) does not apply in determining eligibility for workers’ compensation benefits in Ohio.  Justice Bill O’Neill dissented, joined by Justice Paul Pfeifer.  The case was argued April… [read post]
23 Oct 8:21 am
On Thursday night, October 17, 2014, the 440' Russian container ship SIMUSHIR lost power in heavy winds and rough water off Haida Gwaii, also known as the Queen Charlotte Islands, while sailing from Everett, WA to Russia. SIMUSHIR was carrying 298 containers of mining equipment and chemicals as well as 450 tons of fuel. Drifting helplessly, it could have hit the rocky shores, broken apart, and created an international environmental disaster. The ship drifted without power from Thursday night until Friday night. Canadian Coast Guard cutter GORDON REID then arrived and secured a… [read post]
23 Oct 8:18 am
The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order allowing an arbitrator to determine the issue of arbitrability in a labor contract dispute. In Houston Refining, L.P. v. United Steel, Paper and Forestry, Rubber, Mfg., No. 13-20384 (August 25, 2014), a company, Houston Refining, filed for bankruptcy. Not long after, the company stopped matching its workers’ contributions to their personal 401(k) retirement accounts. Houston Refining then entered into a settlement agreement with the United Steel, Paper and Forestry, Rubber,… [read post]
23 Oct 8:10 am
It is not often that my role in the world as the Canadian Geek Add-On enables me to write about things happening in the Legal Research world up here, north of the border. But today, I have the honour and privilege to share with all 3 Geeks Readers, who share my interest in technology, law libraries, and access to information about CanLII Connects. I am not the only one who has noticed, and it was recently profiled in the ABA's Legal Rebels cause you know that's how we roll up here. And, Connects, was also featured earlier in the year on Slaw with commentary by Connie Crosby.… [read post]
23 Oct 8:09 am
Teenagers learning to drive across the nation are instructed in defensive driving techniques, or a set of skills that will help motorists avoid a crash due to actions beyond their control. An inattentive driver, an early collision, or a motorist traveling too fast for conditions are some of the reasons that defensive driving is important in the Chicago area. While defensive driving is beneficial, it is not fool proof and even a motorist who attempts evasive actions may still be involved in a crash. Car accidents occur in every city and every town in Illinois and involve hundreds of… [read post]
23 Oct 8:05 am
Richard J. Andreano, Jr. The CFPB has issued a final rule amending certain provisions of the 2013 Title XIV final mortgage rules.  While in its press release the CFPB describes the amendments as “minor adjustments to its mortgage rules,” the final rule contains several major changes from the CFPB’s proposal. QM Points and Fees Cure.  Generally, to be considered a qualified mortgage (QM), a mortgage loan must not contain points and fees that exceed three percent (3%) of the loan if the principal is $100,000 or more.  The final rule addresses the… [read post]
23 Oct 8:05 am
CONFESSED JUDGMENT NOTE [SAMPLE]  Amount – Date –             The undersigned __________________________ (hereinafter referred to as “Maker”) hereby promises to pay ________________________________(“______________”), located at [Address], the sum of ___________________ ($_______________) to resolve a dispute over monies owed to ______________________ related to _________________________________.  NOW, THEREFORE, in consideration of the foregoing, the covenants and agreements contained… [read post]
23 Oct 8:03 am
Litigation can be so exciting that sometimes we can't wait to file the lawsuit and get started on discovery, motion practice and all the other lawsuit-related activities that make life worth living. But sometimes you have to wait to exhaust state law procedures before diving head first into federal court. This case reminds us of how that all works.The case is Sunrise Detox, LLC v. City of White Plains, decided on October 2. Sunrise Detox was a proposed drug rehabilitation facility in White Plains. In the face of public opposition to the facility, the City Council determined that the… [read post]
23 Oct 8:02 am
A man suspected of being impaired while allegedly crawling across U.S. 19 was hit by two vehicles and killed Tuesday night, according to the Florida Highway Patrol. Shortly before 9 p.m., a 32-year-old man from Turnersville, N.C., was allegedly crawling on his hands and knees east across U.S. 19 south of Cornflower Drive. Troopers believe he moved into the path of traffic and was struck first by a Dodge Ram pickup truck and then a motorhome. The pedestrian died at the scene of the crash. One of the vehicles involved in the accident had a passenger. That passenger and the two drivers… [read post]
23 Oct 8:00 am
Last week a judge struck down a same-sex marriage ban in Arizona on equal protection grounds.  The ban was created …Continue reading → [read post]
23 Oct 8:00 am
Property law is one of the most ancient and fundamental legal theories in our justice system. Indeed, the cultural origins of property rights based on John Locke’s theory can be traced back to the biblical story of Adam and Eve, where God gave the earth to the two initial inhabitants and their children. Fascinatingly, apart from some cultural shifts and changing geographic norms, property rights have remained somewhat stagnant throughout history. However, all of this is about to change dramatically as we cruise into the age of “Machine to Machine Communications,” or… [read post]
23 Oct 8:00 am
A Cook County jury heard evidence in a medical malpractice jury trial related to postoperative physical therapy that was alleged to have caused left knee ligament damage to the patient. The plaintiff in this case was 44-year-old Michele Boucher-Kmiec, who underwent left knee ligament repair surgery at Swedish Covenant Hospital on July 6, 2009. After the surgery, her leg was placed in an immobilizer. On July 7 and July 8, 2009, the defendant physical therapist Brittany Mynsberge worked with the patient for her physical therapy. The physical therapy order came from Boucher-Kmiec’s… [read post]
23 Oct 7:58 am
One of the biggest risks for motorcyclists is navigating through intersections. All drivers of motor vehicles travelling through an intersection are obligated to obey traffic signals, and along with that comes the duty to keep a proper lookout for others in the roadway. However, many drivers fail to pay attention to motorcyclists, and when this happens, the results can be deadly. On Sunday, a Spring Hill motorcyclist was killed in a crash with a Chevy Camaro. According to reports, a 2011 Chevy Camaro, driven by 50-year-old woman was stopped facing south on St. Ives Boulevard at a stop… [read post]
23 Oct 7:57 am
If you are injured in a fall on a business owner’s premises, a crucial question will be whether the dangerous condition was “open and obvious” to you. The open and obvious doctrine can be a difficult hurdle to overcome for injured victims seeking damages for their injuries, but a case earlier this year may have made that hurdle a little lower.  What is Open and Obvious?  As the name implies, an open and obvious condition is one which is out in the open, and readily observable to anyone demonstrating due care. Generally, we all have a duty to look out for… [read post]