Tag Archives: Attorneys

TELS Attorneys Win Rare Motion for Summary Judgment on Lack of Proximate Cause in Playground Accident

Hawthorne, NY (PRWEB) September 7, 2006

Traub Eglin Lieberman Straus LLP (TELS) announced that it was granted a rare summary judgment on the issue of proximate cause, arising from a playground accident involving a five year old child.

The Plaintiff in this case was playing in the school yard during a recess break. While running, she tripped and fell, striking her face on the raw timber base of a temporary construction fence located on the playground. The Plaintiff and her parents subsequently brought suit against the adjoining property owner and the fence contractor. In their lawsuit, they alleged improper and inadequate care, installation and maintenance of the temporary fence. They also claimed that the fence constituted a dangerous and hazardous condition on the playground.

Rob Nobel and Lisa Black of TELS represented the fence contractor, which had originally been retained by the adjacent building owner. During their investigation, Nobel and Black determined that the Plaintiff’s trip and fall was not caused by any object on the playground. After developing a favorable factual record, they brought a motion for summary judgment before the court. In the motion, they argued that the fence was not a proximate cause of Plaintiff’s injuries. In fact, the Plaintiff fell because she was running and lost her balance, and gravity took care of the rest.

The Plaintiff and her parents countered that young children were expected to run and fall on playgrounds, and that because the fence was physically located on a playground, it was logical that children could be expected to make contact with the fence. The playground was already equipped with a rubber safety surface, designed to protect falling children. Plaintiffs produced an expert engineer who determined that protective, shock-absorbing covering should have also been applied to the timber base. The Plaintiff’s expert further claimed that, but for the Defendants’ installation of the fence with the timber base, the Plaintiff would have fallen on the rubber safety service.

The court disagreed with the Plaintiffs assertion, finding that the Defendants did not bear responsibility in this case. Although proximate cause is frequently considered to be an issue of fact, the court agreed with TELS’ position and granted summary judgment for the Defendants stating, “… the immediate effective cause of [Plaintiff’s] injuries was her fall, due to factors unrelated to the fence.”

The case involved was Levinger, et al. v. The City of New York, et al. (Supreme Court of the State of New York, County of New York, Index Number 102236/01).

TELS congratulates Mr. Nobel and Ms. Black for their success in this rare type of summary judgment. For more information on Mr. Nobel, a partner with TELS, please visit:

http://www.tels.com/profiles/robertnobel/

And to learn more about Ms. Black, an associate in the law firm’s New York office, please review her C.V. online at:

http://www.tels.com/profiles/lisablack/

ABOUT TELS

Traub Eglin Lieberman Straus LLP (TELS) has achieved a national reputation for excellence in legal representation. Our philosophy is to provide quality legal representation in an expeditious and efficient manner. Our emphasis on client service, as well as our reputation in the legal community, has served our clients and the firm well. TELS has been recognized by many, including Martindale-Hubbell, for outstanding legal ability and ethical standards. For more information, visit us online at http://www.tels.com.

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HelpMeSue.com Launches Service Helping Americans Find Attorneys and File Lawsuits

San Francisco (PRWEB) April 14, 2008

Today HelpMeSue.com (http://www.HelpMeSue.com) announced the commercial launch of its new service to quickly connect Americans with legal disputes to concerned citizens and lawyers who can help. Officially launching on April 14th, 2008, HelpMeSue.com is designed to help average Americans test the merits of potential lawsuits easily and anonymously, while driving high-quality leads to partner law firms.

eGuardian CEO Ron Zayas Addresses the National Association of Attorneys General

Ontario, CA (PRWEB) March 18, 2009

Ron Zayas, CEO of eGuardian, addressed the state Attorneys General at the National Association of Attorneys General (NAAG), during their annual Spring Meeting in Washington DC.

More than 40 of the nation’s Attorneys General attended the meeting, at which Zayas was asked to speak about the role eGuardian plays in online child protection, age verification and parental permission. eGuardian, designers of the child-safe Internet, is a protection service that protects children on social networking sites and allows parents to be more involved in their children’s online activities.

“The state Attorneys General are on the front line on these issues, and they asked us to attend and help make the case for the importance of keeping kids safe when they are online,” Zayas said.

Following opening remarks from US Attorney General Eric Holder, a panel of state Attorneys General discussed the safety and related legal issues of minors using social networking sites, and how to protect children from sexual predators and inappropriate content.

One meeting session, attended by top legal counsel from Microsoft and representatives from other major Internet-related companies, provided perspectives on recent developments related to the efforts of the Social Networking Multistate Group and the discussion of promising age/identity verification technology.

The event was televised by C-Span, and may be viewed at

http://www.c-span.org/Watch/watch.aspx?MediaId=HP-A-16026.

eGuardian has been at the forefront of the age verification issue. “What we do initiates from the parent,” said Zayas at the meeting. “eGuardian can be a powerful instrument to curb child predation and cyber-bullying, but the process begins when the parent makes a conscious decision that they want to protect their child. With eGuardian parents play a crucial role in their child’s safety.”

About eGuardian

The eGuardian mission is to protect children online from inappropriate content and solicitation, resulting in safe learning and exploring on the Internet. Through partnerships with prominent web sites eGuardian creates an environment that allows children to learn and communicate without the fear of being solicited by predatory adults or being exposed to adult content. For more information, call 877-348-2731 or visit eGuardian at http://www.eguardian.com

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Innovative Family Law Attorneys Open New Office in Tampa, Florida


Tampa, FL (PRWEB) December 10, 2009 –

The law firm of Richard J. Mockler, P.A. is pleased to announce the opening of its new Tampa office, located in beautiful Hyde Park. The office has a dedicated play area for children, and offers a warm, comfortable setting to meet with your attorneys or mediate family law matters.

The Firm represents individuals in divorce, military divorce, and other family law matters, including cases involving child custody, child support, prenuptial agreements, alimony, equitable distribution, relocation, and more. The Firm also represents business litigation clients in partnership disputes and civil litigation involving fraud, misrepresentation, breach of contract, tortious interference, theft of trade secrets, breach of fiduciary duty, and other commercial claims. Attorneys Richard J. Mockler, Amy Bandow, and Adam B. Cordover are experienced in helping clients protect their rights and interests in complex legal battles and through life-changing circumstances.

The Firms lawyers have substantial experience working at the nations largest and most prestigious law firms representing high-profile clients in their most important legal matters. Our attorneys approach every case with the same passion. We provide the same representation to a mother trying to protect her family that we offer to the CEO of a major company. We consult every client on their unique goals and interests, because no strategy fits all cases. Our job is to help clients understand their options and pursue their cases diligently without wasting valuable resources on unnecessary conflict and needless litigation, added shareholder Richard J. Mockler.

Richard J. Mockler is a family law attorney and business litigator that graduated from the University of Floridas Levin College of Law with honors, where he was elected President of the schools Student Bar Association and selected as the Student of the Year in 2000. Mr. Mockler also earned a Master of Laws degree in Taxation from the University of Floridas Graduate School. He started his career in Miami for a Wall Street law firm representing investment banks, major financial institutions, and other multinational companies. Prior to starting his own practice, Mr. Mockler also worked at Floridas two largest law firms.

Amy Bandow is a Tampa divorce lawyer practicing primarily in the area of marital & family law. Ms. Bandow graduated from the University of Floridas Levin College of Law. Prior to joining the Firm, she also worked in the litigation group at one of Floridas largest law firms representing public companies and other institutional clients in high-stakes litigation matters.

Adam B. Cordover is a graduate of The American University in Washington D.C., where he earned his Juris Doctor and Master of Arts in International Affairs. Mr. Cordover is experienced in the areas of divorce, adoption, dependency, paternity, and child support. In February 2009, the LAWYER Magazine recognized Mr. Cordover for his service to the community. Among other things, he volunteers through Bay Area Legal Services and the Guardian Ad Litem Program.

For more information or to consult a Tampa divorce lawyer, business litigator, or family law attorney, regarding divorce, military divorce, child custody, time-sharing, parenting plans, child support, division of assets,prenuptial agreements, alimony & spousal support, adoption, and other services, contact our office at 813-443-4634.

Please visit us on the web:

http://www.FamilyLawRights.com.

Please also visit our blogs and other sites:

http://familylawrights.blogspot.com

http://militarydivorcelaw.blogspot.com

http://tampadivorcelawyer.blogspot.com

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Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck P.C. Attorneys Named To 2010 Pennsylvania Super Lawyers And Rising Stars List

Philadelphia, PA (PRWEB) June 9, 2010

The EISENBERG, ROTHWEILER, WINKLER, EISENBERG, & JECK P.C. attorneys on the Philadelphia Super Lawyers 2010 list include the following:

Stewart J. Eisenberg

Stewart J. Eisenberg is one of the premier trial lawyers in the Commonwealth of Pennsylvania. He is a Past President of the Pennsylvania Trial Lawyers Association and is currently the President of The Philadelphia Trial Lawyers Association and also serves on the Board of the American Association for Justice as one of the six trial lawyer representatives from the Commonwealth of Pennsylvania. He is a founder and senior partner of the law firm of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., and has represented victims of catastrophic injuries and death for almost 30 years.

Kenneth M. Rothweiler

Kenneth M. Rothweiler is known as one of the top trial lawyers in Pennsylvania, having consistently achieved both seven and eight figure verdicts. Co-founder and senior partner, Rothweiler chairs the firm’s management committee. He is dedicated to complex personal injury litigation, and works primarily as a Philadelphia medical malpractice lawyer. He has tried more than 100 jury trials resulting in some of the largest verdicts in Pennsylvania.

Nancy J. Winkler

For over twenty years, Nancy J. Winkler has represented individuals and their families as a Philadelphia personal injury attorney in the litigation of complex personal injury. Ms. Winkler currently serves on the Board of Governors of the Pennsylvania Association for Justice and has served as the Chair for Fund Development from 2004-2006 and again from 2008-2009. co-author of a book entitled: Pennsylvania Automobile Litigation; Guidelines and Forms for the Trial Lawyer

Dino Privitera

Dino Privitera, a Philadelphia personal injury attorney and associate in the firm, concentrates his practice on the representation of plaintiffs in complex personal injury and products liability matters. Dino is admitted to practice in Pennsylvania. He is a member of the Pennsylvania and Philadelphia Bar Associations, and the Pennsylvania and Philadelphia Trial Lawyers Associations.

Frederic S. Eisenberg

For more than two decades, Fredric S. Eisenberg has worked relentlessly in protecting the rights of seriously injured victims. After graduating in 1984 from the University of Pennsylvania, he attended and graduated law school at Temple University School of Law in 1987. Eisenberg is a member of the American, Pennsylvania, Philadelphia and New York Bar Associations. He has been routinely selected as a member of the Super Lawyers of Pennsylvania, a peer-selected group of practitioners from around the Commonwealth. He is a member of the Million Dollar Advocates Forum, whose membership is restricted to attorneys who have secured million-dollar verdicts or settlements.

Rising Stars:

Daniel Sherry

Daniel, a Philadelphia personal injury attorney and associate in the firm, concentrates his practice almost exclusively on the representation of plaintiffs in products liability and professional malpractice actions. He currently represents multiple families for injuries and fatalities received as a result of defective automobiles, tires, airbags, seatbelts, and child/infant seats, and has helped secure several multi-million dollar settlements in his relatively young career. Daniel is admitted to practice in Pennsylvania, New Jersey, and the Eastern District of Pennsylvania. He is a member of the Philadelphia and Pennsylvania Bar Associations, the American Association for Justice, as well as the Philadelphia and Pennsylvania Trial Lawyers Associations. He has lectured to professional organizations regarding the scope and breadth of discovery in complex products liability cases.

“As a firm we are inordinately proud of so many of our attorneys being recognized as Super Lawyers”, says Stewart Eisenberg. “Their achievement reinforces the firm’s continued dedication to excellence in the practice of law.”

The selections for this esteemed list are made by the research team at Super Lawyers, which is a service of the Thomson Reuters, Legal division based in Eagan, MN. Each year, the research team at Super Lawyers undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check.

Thomson Reuters, Legal publishes Super Lawyers magazines across the country. In addition to the magazines, Thomson Reuters, Legal publishes newspaper inserts and magazine special sections devoted to Super Lawyers. In 2010, Super Lawyers will reach more than 15 million readers. Super Lawyers was first published in 1991 by Law & Politics and was acquired by Thomson Reuters, Legal in February 2010. Thomson Reuters is the world’s leading source of intelligent information for businesses and professionals. Super Lawyers can be found online at superlawyers.com where lawyers can be searched by practice area and location.

The lawyers at Eisenberg, Rothweiler, Winkler, Eisenberg, and Jeck, P.C. have been recognized as among the leading plaintiff’s trial lawyers in the country concentrating in the field of catastrophic personal injury law and birth trauma injuries. The firm has been recognized as Super Lawyers by Philadelphia and Boston Magazine, Best Lawyers in America, and among the top plaintiff’s trial lawyers in the country by Lawdragon Magazine.

http://www.erlegal.com

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5 Raleigh Divorce Attorneys Join Separating Together, Inc., a Raleigh Collaborative Law Practice Group


Raleigh, NC (PRWEB) November 9, 2010

Separating Together, Inc. is pleased to announce the addition of five participating attorneys in its Collaborative Law Practice Group in Raleigh, North Carolina. Since 2003, the independent member attorneys of Separating Together have been providing an array of respectful divorce services focused on North Carolina’s Collaborative Law alternative for families in the Raleigh – Durham metropolitan area.

The Collaborative Practice Group now consists of the following Raleigh divorce attorneys: Mark A. Springfield, Jeffrey M. Seigle, Martha J. Mason, Adrian J. Davis, Kerry Burleigh, Aida Doss Havel, James W. Hart, Deborah Throm, and Randolph (Tr

Carr & Carr Attorneys At Law Announce Tips On When To Hire A Personal Injury Attorney

Tulsa, Ok (PRWEB) February 28, 2012

Tips On When To Hire A Personal Injury Lawyer

According to Patrick E. Carr, an attorney for nearly 40 years with Carr & Carr Attorneys At Law, here are several tips on events that can merit working with a personal injury attorney:

— A child has been abused in a day care setting. This can be a church-sponsored mothers’ day out group, an after-class program at an elementary or middle school, a scouting or community service-oriented group.

— An older adult has been injured in an assisted living facility or nursing home. Unfortunately, nursing home neglect and abuse happen to elderly people and those with diminished mental capabilities. If a loved one is in a nursing home or other care center, the facility has a contractual obligation to provide adequate care. People who are unable to protect themselves rely on friends and family to monitor their care.

— A medical procedure has been botched. If a major mistake is made, such as if the surgeon left instruments inside someone’s stomach or removed the wrong organ, the patient definitely should talk with a lawyer. It sounds like a bad movie, but it happens.

— A defective medical device causes unintended negative consequences. Heart pacemakers and defibrillators, coronary stents, hip and knee joint replacement devices, and other medical devices can improve the quality of life if the device is manufactured and implanted properly. If it is not manufactured or implanted correctly, patients may have pain and suffering that could be worse than the original problem was.

— Someone is involved in a complex accident. A wreck involving an airplane, helicopter, bus, semi-truck, multiple vehicles, dump truck or other commercial vehicle can be more extensive due simply to the size of the machines involved. Commercial vehicles are required to have insurance in the event their drivers cause a wreck.

— A person is injured at a public place such as a shopping mall. For example, a broken escalator can cause serious foot damage. Additionally, hazards (like a busted railing from an upper level) must be marked to ensure shoppers and employees are safe. If they are not marked and someone is injured, he or she should consider taking legal action to protect themselves.

National Academy of Elder Law Attorneys Kicks Off District Days 2012


Washington, D.C. (PRWEB) May 18, 2012

With their eyes on a critical election this fall, members of Congress are frequently returning home to engage with voters in their districts. After several years of successfully lobbying Congress in Washington, D.C., with an annual “Hill Day,” the National Academy of Elder Law Attorneys (NAELA) is taking a grassroots approach with District Days, an advocacy event to educate members of Congress when they are in their home offices on issues of importance to older Americans and individuals with special needs.

NAELA’s District Days launched in May, when representatives and senators returned home for a week-long recess. NAELA members met with their legislators and shared their ideas and concerns on the federal policy issues that affect their clients and practice, including:


Support for reauthorization of the Older Americans Act, which provides older adults with much-needed services that include home care, congregate and home-delivered meals, case management, caregiver support, legal services, transportation, elder abuse prevention and job training, and the long-term care ombudsman program;
Opposition to efforts to convert the Medicare program into a premium support system, a model that would replace Medicares current guarantee of coverage with a premium-support voucher and raise the age of eligibility from 65 to 67;
Opposition to the House budgets proposed Medicaid block grants, which would restrict funding for state programs, as well as restrict eligibility and funding for long-term services and supports; and
Support for the Disabled Military Protection Act of 2012 (H.R. 4329), which would allow payment of military survivors benefits into special needs trusts for disabled children.

NAELA Board member Ron Landsman, CAP, and former NAELA Board member Morris Klein, CELA, CAP, met with Rep. Chris Van Hollen (D-MD), ranking member of the House Budget Committee, as part of NAELA’s District Days advocacy effort. During the meeting, Landsman and Klein asked the congressman to support the Disabled Military Child Protection Act of 2012. Rep. Van Hollen shared his support for the proposal, as well as his concern about inequity if others civilian government employees and private citizens under Social Security did not have the same opportunities. Landsman and Klein also discussed the many defects of the so-called Ryan budget proposal, particularly the dismembering of Medicaid federal standards through block grants to states.

NAELA members will continue their advocacy efforts this summer and fall when representatives and senators return home during the weeks of:

July 2-6
August 7-September 7
September 10-14 (Senate only)
September 24-28
October 8-November 6

As Landsman stated after his visit with Rep. Van Hollen, “Developing relationships with your senators and representatives is important, as we can become valued resources to them and their staff. It is much easier to ask for their support once this relationship has been established.”

More information about NAELAs advocacy efforts can be found online in the Advocacy section.

About NAELA

Members of the National Academy of Elder Law Attorneys (NAELA) are attorneys who are experienced and trained in working with the legal problems of aging Americans and individuals of all ages with disabilities. Established in 1987, NAELA is a non-profit association that assists lawyers, bar organizations and others. The mission of NAELA is to establish NAELA members as the premier providers of legal advocacy, guidance and services to enhance the lives of people with special needs and people as they age. NAELA currently has members across the United States, Canada, Australia and the United Kingdom. For more information, visit NAELA.org.

About Elder and Special Needs Law

Elder and Special Needs Law are specialized areas that involve representing, counseling and assisting seniors, people with disabilities and their families in connection with a variety of legal issues, with a primary emphasis on promoting the highest quality of life for individuals. Typically, Elder Law and Special Needs Law address the convergence of legal needs with the social, psychological, medical and financial needs of individuals. The Elder Law and Special Needs Law attorney handles estate planning and counsels clients about planning for incapacity with health care decision-making documents. The Elder and Special Needs Law attorney also assists clients in planning for possible long-term care needs, including at-home care, assisted living or nursing home care. Locating the appropriate type of care, coordinating public and private resources to finance the cost of care and working to ensure the clients right to quality care are all part of the Elder and Special Needs Law practice.







Settling a Divorce in North Carolina? Tips from North Carolina Divorce Attorneys on Insurance Coverage to Ensure Future Happiness


Charlotte, NC (PRWEB) October 29, 2012

Most spouses in North Carolina begin the process of a divorce settlement in the hopes that somewhere down the road they will live a happier life. There is a light at the end of the tunnel (even if it may seem far away), and most are doing everything possible to reach that light, including negotiating for post-divorce support. What happens if, further down that road, one former spouse becomes disabled or passes away, ending the support the other former spouse has been relying on? If the family is not protected by insurance, that road to a happier life could take an unexpected turn for the worse. It is important to negotiate with every aspect of the future in mind, and that includes negotiating for insurance coverage to guarantee coverage should the unexpected happen.

Insurance coverage is an often neglected aspect of life when negotiating during a divorce settlement. Many fail to realize the potential benefits of maintaining insurance coverage post-divorce. There are many types of insurance that can be negotiated for during a divorce settlement, including health insurance, auto insurance, home owners insurance, disability insurance, and life insurance. Of these, health insurance, disability insurance, and life insurance are the most common forms taken into account during a divorce.

North Carolinians will be happy to know that, in most cases, if you have been covered under a former spouses employer-provided health insurance plan, you have the right to continue that coverage for a set period of time for a monthly fee following divorce. This is typically referred to as COBRA. Childrens coverage can also be continued under a qualified medical child support order. However, COBRA can sometimes be expensive. Pay attention to the costs and deadlines associated with COBRA and negotiate wisely to ensure you receive the maximum benefit possible.

Furthermore, depending on the type of life and/or disability insurance your former spouse has, that insurance can be used as a risk management tool and/or a wealth accumulation tool if negotiated for prudently. Both life insurance and disability insurance can be used as a tool to protect any financial obligation your former spouse owes in the event of an unexpected occurrence that would prevent him or her from fulfilling that obligation. This protection could extend to all areas of support, including spousal support, child support, mortgage payments, and many others. To guarantee this protection, negotiate so that you are both the owner and beneficiary of the policies, taking responsibility for paying the premiums to ensure the coverage will be there when it is needed. This means that those premium payments will need to be negotiated for in the support settlement outlined in the Separation Agreement.

Additionally, most permanent life insurance policies can also be used as a wealth accumulation tool during divorce settlement negotiations. Any cash value associated with a permanent life insurance policy or with a business buy/sell agreement that is funded with life and/or disability insurance is fair game when negotiating the divvying up of assets. Be sure to take this potential hidden wealth into consideration and negotiate for terms that put you in control of both the premium payments and the beneficiary designation.

It is best to reevaluate insurance coverage in all areas when going through the process of divorce, taking into account the issues mentioned above. A North Carolina attorney focused on family law issues can help safeguard your future by negotiating for this and other important issues during the divorce settlement.

Miller Bowles Law is a full-service Charlotte Family Law firm located in the historic district of Dilworth in Charlotte, North Carolina. The attorneys at Miller Bowles Law have over 15 years of combined experience in representing clients in Charlotte family law cases and family law cases in surrounding counties including Union, Gaston, Iredell, and beyond. Our mission, simply stated, is to provide the highest-quality legal representation to our clients so that each feels supported and well-prepared to face the family law court system.







San Francisco Family Law Attorneys of Heath Newton LLP Offer Important Tips on Grandparents Visitation Rights


San Francisco, CA (PRWEB) November 13, 2012

When it comes to the rights of grandparents to see their grandchildren, San Francisco child custody attorneys of Heath Newton Counselors at Law explain there is still hope for visitation when family complications take a turn for the worst.

In California, its the parents who make the rules and determine who spends time with their children. Parents are entitled to make the lifestyle, general welfare, educational, religious, and medical decisions for their child, and the courts support this right. That usually includes whether or not the children get to see their grandparents.

The term grandparents rights is commonly misused in California, says Robert Kamin, associate attorney of Heath Newton. While California law does recognize that its sometimes in the best interests of grandchildren to have visits with their grandparents, there is no grandparent right to see their grandchildren, per se.

Kamin continues to explain that although these rights may not legally exist, often times grandparents are granted visitation under certain circumstances, even against parental wishes. In cases where the primary guardians have proven to be undesirable or unreliable, the grandparents are sometimes granted certain privileges to ensure the childs wellbeing.

In this scenario, a grandparent must overcome a difficult legal presumption that it is in the childs best interest to visit with the grandparent. In cases where no divorce or similar proceeding is established, a grandparent may not even have standing to petition the court for visitation rights.

In California, once a grandparent is before the court, two important elements will need to be demonstrated:

1.