Month: February 2019

Waxahachie, TX (Law Firm Newswire) February 28, 2019 - The Hale Law Firm is pleased to announce that its founder, Attorney John D. Hale, has been named to Super Lawyers 2019.

Hale started The Hale Law Firm, in his hometown of Waxahachie, Texas in 2006. There he practices elder law, business law, and wills and trusts. He is a member of the Texas Chapter of the National Academy of Elder Law Attorneys (NAELA) and serves on the Litigation Committee.

Super Lawyers is a rating service of exceptional attorneys across more than 70 practice areas. To be selected for this prestigious designation attorneys are first nominated by their peers. Then, the process of independent research and peer evaluation begins, which results in only the best attorneys being named Super Lawyers. The selected attorneys are featured in Super Lawyers Magazine and other regional publications.

Hale represents the high professional standard that embodies a Super Lawyers rating. In addition to being licensed to practice law Hale is also a registered investment advisor and insurance agent. His knowledge in these areas make him uniquely qualified to handle estate, retirement and asset protection plans.

Hale is the published author of a textbook used by thousands of business students. He is also an in-demand speaker, frequently lecturing about long-term care and Medicaid planning. He is heavily involved in community outreach programs and uses his professional talents to serve others as often as possible.

The entire The Hale Law Firm team congratulates John D. Hale on his achievement and is proud to work alongside him.

Irvine, CA (Law Firm Newswire) February 27, 2019 - Enterprise Counsel Group, ALC (ECG), a leading business trial, appellate and corporate law firm, announces a major decision in the Delaware Court of Chancery in a case brought by Applied Energetics, Inc., an Arizona-based energy technology company, against its former Principal Executive Officer, George Farley.

In a 40-page decision, the Delaware Court of Chancery issued an order preliminarily enjoining the transfer, sale or otherwise disposal of 25 million shares of Applied Energetics stock, issued to that company’s former sole Director and Principal Executive Officer, George Farley. In so doing, the Court found Applied Energetics, Inc., a military contractor with market capitalization exceeding $1 billion during its peak in the mid-2000s, with 40 patents on Ultra-Short Pulse (“USP”) Lasers, Laser Guided Energy (“LGE”) and Direct Discharge Electrical Products both military and commercial applications, met “its considerable burden,” demonstrating it was likely to win its lawsuit against Farley and his family-owned company, AnneMarieCo.

Specifically, after reviewing evidence and expert testimony presented by Applied Energetics’ and Farley’s lawyers, the Court found it was “reasonably probable” Farley had arranged for the shares to be unlawfully issued, Farley had breached his duty of loyalty to Applied Energetics, Farley was unlikely to prove the stock issuance was procedurally or substantively “fair” to Applied Energetics, and Farley had fraudulently transferred 20 million of the shares to his wife and six children through AnneMarieCo.

Finally, the Court ruled because Farley and AnneMarieCo’s 25 million shares represented one-eighth of Applied Energetics’ outstanding ownership, the injunction was necessary to protect Applied Energetics’ capital structure, the company’s ability to attract new investors, ability to raise new capital, and ability to continue deployment of its plans, now underway, to revitalize its defense contracts, as well as the ability to expand its technology to meet the demands of other markets, including clean energy and law enforcement.

According to Applied Energetics’ lead attorney, Benjamin P. Pugh, “We are pleased the Delaware court recognized the strength of our case against Mr. Farley. We look forward to a successful conclusion to the litigation.”

Benjamin P. Pugh is a litigation partner at Enterprise Counsel Group, ALC (https://www.ecg.law/), an Irvine, California-based business trial, appellate and corporate law firm, with expertise in aggressive courtroom and boardroom representation for a broad spectrum of successful businesses in California, Colorado, Nevada, and across the US.

Austin, TX (Law Firm Newswire) February 26, 2019 - The United States Supreme Court has agreed to hear an appeal in an employment discrimination Title VII case. In a rare move, the Court is accepting the case to address a procedural issue with filing Title VII cases. Title VII is the Federal law that prohibits employment discrimination based upon someone’s sex, race, religion, color and national origin.

The case is Fort Bend County v. Davis. In the case, Lois Davis alleged she was wrongfully fired because she reported that her supervisor engaged in sexual harassment and sexually assaulted her. She initiated the matter by filing a claim with the Texas Workforce Commission who, after an investigation, gave Davis permission to file a lawsuit. In filing the lawsuit, Davis claimed retaliation due to her sex as well as a religious discrimination claim because she claims she was fired for not working on a Sunday when she went to church instead.

The problem arose because she did not bring the religious discrimination claim in front of the Texas Workforce Commission. Gregory D. Jordan, an employment attorney with the Law Offices of Gregory D. Jordan in Austin, Texas, who is not involved in the case, commented, “It is not uncommon for an individual filing a complaint with the Texas Workforce Commission or the EEOC to be less than thorough. That can lead to serious problems.”

Fort Bend argued that the religious discrimination claim should be dismissed because Davis failed to exhaust all of her administrative remedies before filing suit, as required by Title VII. Davis argued that the exhaustion requirement is actually a “waivable” requirement, and is not a “jurisdictional” one, and in this case, Fort Bend did not raise the issue until five years after suit was filed.

The case was appealed to the United States Court of Appeals for the Fifth Circuit. That court found the exhaustion requirement is waivable. The appellate court reasoned that Congress, when drafting the legislation, made no mention of whether the exhaustion requirement is jurisdictional, but it could have. Therefore, this requirement could be waived by an employer.

Fort Bend filed a petition for review at the United States Supreme Court, arguing that the exhaustion of remedies requirement is clearly stated in the statute and is stated in language that is “jurisdictional” in nature, similar to other statutes that the Court has previously deemed jurisdictional. The Supreme Court has accepted the case and will hear arguments in the next term.

Gregory D. Jordan has advised that “in order to avoid the situation presented in the Fort Bend County v. Davis suit, any person considering filing a charge with the TWC or EEOC should first consult a lawyer.”

The case is Fort Bend v. Davis, No. 18-525.

Chicago, IL (Law Firm Newswire) February 20, 2019 - The Illinois Legal Aid Online (ILAO) Board of Directors and staff welcomed their new Executive Director, Elizabeth Evans, to the organization on January 14, 2019.

Elizabeth is a seasoned and savvy nonprofit executive and an experienced lawyer. Elizabeth served in the Enforcement Division of the United States Securities and Exchange Commission for eight years, was a staff attorney in the United States Court of Appeals for the 7th Circuit, and worked as a policy analyst in Washington, D.C., before attending law school.

ILAO is an award-winning nonprofit that uses technology to lower barriers to the law so that people can understand their legal options, make informed decisions, and represent themselves in court when they cannot afford a lawyer. “ILAO is going to undertake significant growth based on advances in machine learning, AI , and other technology,” said Paul Seeman, Board Chairperson. “We will seize the opportunity to lead another transformation in access to justice and extend the capacity of legal services. We’re delighted to have Elizabeth lead our drive toward increasing access to justice for low and moderate income people and families.”

Elizabeth has successfully launched numerous social enterprises and led innumerable policy campaigns on topics that make our country better, fairer, and more just. She previously served as the Executive Director of Bluestem Communications, The VIVA Project (a teacher leadership network working on K-12 education policy), and the Illinois Network of Charter Schools. She established and ran the government relations and nonprofit resource center for the IFF and worked at the Child Welfare League of America in Washington, D.C.

“I am delighted to join the team and entirely impressed with the groundbreaking work ILAO has done to expand legal services’ capacity. I am anxious to join our colleagues in helping improve outcomes and access to the civil justice system,” said Ms. Evans.

About Illinois Legal Aid Online

Since 2001, ILAO has improved the lives of millions of people by connecting them to the resources they need to resolve their legal problems. ILAO puts the law within reach for all Illinois residents, regardless of their location, income, and education, by simplifying our complex legal system and connecting people to legal information and assistance on ILAO’s innovative statewide website, IllinoisLegalAid.org.

Austin, TX (Law Firm Newswire) February 20, 2019 – This wrongful death lawsuit involves the family of a 19-year-old young man who fatally shot himself in 2017 in the backseat of an Austin, Texas police cruiser. The family wants to make sure something like this never happens again.

The young man had been previously charged with several other crimes, including drug possession and burglary. Those who knew the deceased indicated he struggled with mental health issues and had a history of substance abuse.

The federal wrongful death lawsuit alleges that the police in Austin have a “pattern, practice, and custom of performing plainly incompetent and unreasonable searches of pre-trial detainees.” These allegations were based on the circumstances of their son’s case.

It all began with a call to the police reporting a shoplifter at the Macy’s store in southwest Austin. Store security had detained the young man for cutting tags off clothing, earrings and a watch and attempting to walk out of the store. On placing the young man into custody, the police found what they believed to be methamphetamine tucked inside a folded dollar bill. “Apparently, for whatever reasons, the pat down search missed a Glock semi-automatic .380 in the waistband,” indicated Brooks Schuelke, an Austin wrongful death attorney, not involved in this case.

Dispatch recordings indicated that the teen told the arresting officer that he was suicidal. The officer then saw in his rear-view mirror that the 19-year-old was holding a gun to his head. Four minutes later, the trigger was pulled and the teen lay dead in the backseat of the cruiser.

In a subsequent Internal Affairs (IA) interview with the arresting police officer, the cop admitted he only patted down the suspect and did not do a thorough inspection for weapons. He did not see the inside-the-waistband holster inside the teen’s pants. The officer was suspended for 20 days and the case was not forwarded to the grand jury.

According to the wrongful death lawsuit, the Austin Police Department (APD) did not find weapons that were carried by suspects on 54 occasions between 2013 and 2017. Although the police leadership knew about this, nothing was done and no new training for weapons searches was implemented.

The plaintiffs in this case were not in agreement with the minimal discipline and hope that something like this never happens to another person and their family. They are calling for the APD to retrain all officers on how to properly frisk suspects. “In this case, the suspect killed himself. He could just as easily have killed the officer in the cruiser, or harmed someone else,” said Schuelke.

Wrongful death lawsuits are difficult for everyone involved and this particular case is no exception.“We can help the family move forward by getting the true story out,” added Schuelke. “While it does not bring the loved one back, it may help the family find some sense of closure to have the death addressed in a just manner.”

Tampa, FL (Law Firm Newswire) February 18, 2019 - The U.S. Department of Veterans Affairs (VA) announced a series of new partnerships in an effort to expand its telehealth network and improve access to health services for veterans living in remote areas. The agency has established virtual care programs with T-Mobile, Walmart and Philips.

Walmart stores will have telemedicine stations for veterans in rural locations. Private rooms will enable them to video conference with VA medical professionals across the United States for both basic checkups and specialty appointments. T-Mobile has arranged to provide free access to the VA’s video health app on digital devices to eliminate potential cost barriers preventing veterans from accessing telehealth options.

“It is great to see that there are strides being made toward expanding the availability of health care services for veterans, especially those who reside in remote areas where there is no conveniently located VA hospital,” commented Florida veterans lawyer David W. Magann. “While virtual care is undoubtedly a powerful tool, an important aspect of the VA’s telehealth initiative is making sure veterans are aware of the options that are available to them. It is hard to use these offerings if you don’t know about them.”

Philips Healthcare agreed to use its telehealth technology to offer remote care at 10 American Legion and Veterans of Foreign Wars sites in rural locations throughout the United States. VA officials announced the new initiatives at the Anywhere to Anywhere Together summit in Washington, D.C. The telehealth conference united top veterans officials, medical professionals and technology experts to discuss how to establish a national remote care network in coming years.

Fiscal 2018 saw more than 725,000 veterans make use of various telehealth appointments at home or in VA facilities. Forty-five percent of those patients resided in rural areas where a visit to the nearest VA hospital would mean more than a 100-mile roundtrip.

“Ninety percent of Americans live within 10 miles of a Walmart. Ninety percent of veterans don’t live within 10 miles of a VA medical center,” VA official Deborah Scher pointed out. Scher is adviser to the Secretary’s Center for Strategic Partnerships. The new programs will allow veterans more convenient access to health care services, she added.

Fort Lauderdale, FL (Law Firm Newswire) February 14, 2019 - It is very important for the general public to obtain accurate information about the financial advisors who help them to manage their assets and wealth. Yet, the Financial Industry Regulatory Authority (FINRA) makes it difficult for reputable and honest brokers to ensure only accurate information appears on FINRA’s Central Registration Depository (CRD) and BrokerCheck websites.

BrokerCheck and CRD are free databases that the general public can use to look up information on financial brokers. While those sites provide an invaluable service by informing the public on broker activities, they often contain false or misleading information that honest brokers find too difficult to remove without experienced legal help. “It’s critically important that FINRA ensure the integrity of expungement information by providing only the most accurate information about financial brokers,” said securities litigation attorney Matt Wolper, of the Wolper Law Firm. “One false item could ruin the career of an honest and outstanding broker. We need to ensure only accurate information appears to protect the general public as well as honest financial advisors.”

The information might contain allegations of wrong doing that were proven false, but the general public does not know that. It only sees a complaint or dispute that might have been resolved amicably and with no malice or wrongdoing done. When false information appears on the FINRA sites, some brokers have had to spend a substantial sum of money in legal costs to remove it. Others simply have given up due to difficulties with challenging bogus information. Brokers do not need to give up. Instead, they can obtain legal help from experienced securities litigation attorneys, clear their names and continue providing quality financial services to clients.

Contact:

Matt Wolper
Wolper Law Firm, P.A.
Main Office—Fort Lauderdale, FL
1776 N. Pine Island Road
Suite 224
Plantation, FL 33324
Toll-Free: 800.931.8452
mwolper@wolperlawfirm.com

Additional Office Locations (*by appointment only)
Atlanta—Dallas—Denver—Indianapolis—Irvine—Naperville—New York City—Portland—Seattle

Austin, TX (Law Firm Newswire) February 13, 2019 – A poorly maintained 18-wheeler is an accident waiting to happen if it is out on the road. Being involved in a collision with a commercial truck often results in serious, life-altering injuries or death.

Big rig operators and others who drive various forms of commercial trucks are duty bound to other vehicle drivers on the highways to ensure their truck is in good working order, mechanically sound, and not overloaded or improperly loaded. Any lapse in regular maintenance and routine repairs incrementally increases the chances of causing a dangerous and potentially deadly accident.

“Commercial trucking collisions can result in catastrophic injuries that alter your life forever,” said Brooks Schuelke, Austin trucking accident attorney. “And accidents involving big rigs are more common than one might think. For example, the TxDOT indicates that in 2015 alone there were 630 collisions in Travis County.”

Based on reportable crashes in Texas there were 5,430 fatal crashes in 2017, and approximately 433 involved semi-trucks or trucks with trailers. Even low speed crashes can result in severe injuries just based on the weight of the big rig.

“Regular safety inspections for each commercial truck are mandatory as laid out by the Federal Motor Carrier Safety Administration (FMCSA),” added Schuelke. The FMCSA requires regular inspection of the following:

* Tires
* Fuel system
* Brakes
* Suspension
* Steering
* Exhaust system

If there is an accident involving a big rig, one of the first things an experienced trucking accident attorney does is check the accident scene to maintain the integrity of the evidence. If there was improper maintenance of a truck involved in a collision and that poor maintenance was caused by the negligence of the trucking company and/or the driver, the victim may be entitled to punitive damages in conjunction with compensation for injuries.

Proving a breach of the duty of care on the part of a trucker involved in an accident involves documenting any evident maintenance failures, such as:

* Not securing trailers properly
* Not properly securing a load with the appropriate safety devices
* Not replacing worn out brakes
* Not replacing/repairing the truck’s suspension system
* Not replacing torn/worn windshield wipers
* Not checking/maintaining appropriate tire pressure
* Not replacing burnt out bulbs
* Not replacing worn/threaded tires
* Not replacing truck lubricants as necessary

“If you have been involved in a trucking accident, my door is open to you. These kinds of accidents are complex and with our experience, we can certainly help you by explaining your legal rights and discussing with you what to expect if you file a lawsuit,” said Schuelke.

Philadelphia, PA (Law Firm Newswire) February 12, 2019 - Previtera Schimmel, LLC is pleased to announce that Matthew F. Fox has joined the firm as Senior Associate. Exemplified by his outstanding track record as an attorney, Fox has built an accomplished 20-year legal career guiding individuals through complex family law matters including divorce, custody, support and more.

“We are delighted to welcome Matthew to our legal team as Senior Associate,” said Petrelli Previtera Schimmel Partner Thomas J. Petrelli. “One of the core values of our firm is possessing the ability to balance compassion and responsiveness with top-notch legal representation. Matthew is well equipped to successfully handle the most complex family-related legal matters while giving clients peace of mind that their case is in good hands.”

Matthew previously worked at another prominent law firm in Pennsylvania before opening a private practice. He is a graduate of The Pennsylvania State University and Widener University School of Law. Prior to becoming an attorney, Mr. Fox worked as a Hearing Officer with the Domestic Relations Section of the Court of Common Pleas of Montgomery County, PA. He is admitted to practice in Pennsylvania.

Contact:

Petrelli Previtera Schimmel, LLC
https://www.petrellilaw.com

1845 Walnut Street, 19th Floor
Philadelphia, PA 19103
Phone: (215) 523-6900

516 DeKalb Street, Suite C
Norristown, PA 19401
Phone: (610) 924-2870

44 E Court Street 2nd Floor
Doylestown, PA 18901
Phone: (267) 938-4480

One Echelon Plaza
227 Laurel Road, Suite 100
Voorhees, NJ 08043
Phone: (201) 655-7204

Two Prudential Plaza
180 North Stetson, Suite 3500
Chicago, IL 60601
Phone: (312) 252-2085

29 Emmons Drive, Suite E-30
Princeton, NJ 08540
Phone: (609) 917 9560

Northville, MI (Law Firm Newswire) February 12, 2019 - U.S. military veterans recuperating from wartime wounds and injuries obtained through military service will have more options for receiving physical therapy thanks to an agreement between the VA and the American Physical Therapy Association (APTA). The agreement gives veterans greater access to physical therapy treatment for pain and ailments, while creating more jobs for those employed in physical therapy.

The rigors of military duty and combat in particular leave many veterans in need of ongoing treatments after leaving the military service. A new partnership between the VA and the APTA helps to give veterans greater access to effective treatments for pain and other ailments caused by their military service.

“It always is refreshing to see the VA taking new, innovative approaches to helping the nation’s wounded and injured military veterans better deal with often lifelong consequences of their service,” said experienced veterans benefits attorney James G. Fausone, who also is a military veteran. “Too many veterans are given less-than-effective treatments for pain and other ongoing ailments. This partnership offers real hope for those looking to get away from traditional pain medication and other treatments that often come with debilitating side effects.”

The VA recently announced the partnership, which includes developing new ways to more effectively treat veterans who have ongoing physical ailments and pain from their service to the nation. The agreement promotes the use of non-medicinal treatment for pain, while also supporting the VA’s efforts to prevent suicide among veterans. The partnership also enhances the VA’s Adaptive Sports Grants Program.

VA Secretary Robert Wilkie lauded the partnership as coordinating the strengths of two outstanding organizations, while enabling the development of new best practices for treating veterans via federal programs, like those supported by the VA, and through private entities.

Learn more at http://www.legalhelpforveterans.com

Legal Help for Veterans, PLLC
41700 West Six Mile Road, Suite 101
Northville, MI 48168
Toll Free Phone: 800.693.4800

• VA will pay Army vet $40,000 in back benefits
  A disabled Army vet from New Jersey will soon be paid $40,000 in back benefits from the Veterans Administration. Ronald Choplinski, 71, was awarded the money after the VA Board of Veterans’ Appeals decided in January 2018 to upgrade the severity of his disability and that he should have been compensated for it earlier than […]
• Study finds brain changes for veterans with TBI and PTSD
  A new study recently published by the Journal of Head Trauma Rehabilitation found that veterans and active duty military personnel with combat-related post-traumatic stress disorder and mild traumatic brain injuries have larger amygdalae than others who only have brain injuries. The amygdala is the area of the brain associated with emotions, especially fear, anxiety, anger […]
• Wilkie pledges increased government focus on veteran suicide prevention
  Early April, Secretary of Veterans Affairs Robert Wilkie said that the entire government was focused on reducing the rate of suicide among veterans. This statement comes in the wake of several suicides committed outside VA clinics and much turmoil within the agency. Instead of seeing suicide as a stand-alone issue, Wilkie said that the government […]
• New tool seeks to help caregivers of vets with TBI
  Traumatic brain injury (TBI) is one of the most common injuries sustained by veterans and it can have a profound effect on their daily lives. Around 384,000 service members and veterans have suffered a TBI and a third of them are left with a disability. Some require regular care from a loved one. A new […]