Category: Law Firm Newswire – Legal News

Andover, MA (Law Firm Newswire) March 13, 2019 - The 13th Annual “Animal Rights Day,” at the Massachusetts School of Law will feature a lineup of exciting and educational attractions for animal lovers of all ages. This year’s event is being held Saturday, April 20, 2019, on the MSLAW campus in Andover. Dean Michael Coyne will present his opening remarks at 8:50 am, with presentations beginning at 9 am. Once again, the school promises some of the most engaging animal-related activities, presentations and demonstrations in the region. Admission is free.

“This is our 13th year running this event, and it just keeps getting better,” says Diane Sullivan, Assistant Dean of Students and Professor of Law. We’re passionate about animals, and about giving back to this community, Animal Rights Day allows us to honor both.”

The 2019 Animal Rights Day will feature children’s favorites like live animal demonstrations, face painting and crafts, as well as visits from The Andover Fire Department and the Easter Bunny. There will be live music, and NECN Meteorologist Michael Page will appear along with the station’s Weather Warrior vehicle. Other highlights will include: “Divorce and Your Pets” with attorney Jeremy Cohen, MSPCA’s “Barnyard Birds,” “Cat Chat” with Liz Anderson, and demonstrations from The Massachusetts State Police Accelerant and Explosive Detection Canines, and New England Equine Rescue.

MSLAW’s 2019 “Humane-itarian Award” recipients, Senate President Karen E. Spilka, and Molly & Mindy Wogan of the P.A.W.S. Project Foundation, will be honored, and the school will shine a spotlight on “The Shadow Fund NE,” a program that helps needy families pay for the medical needs of their beloved pets.

The Massachusetts School of Law is located at 500 Federal Street, Andover, MA.

Contact:

Diane Sullivan
Massachusetts School of Law
Phone: (978) 681-0800
E-mail: dianes@mslaw.edu

Nashville, TN (Law Firm Newswire) March 13, 2019 - A lawsuit recently filed by Cummings Law on behalf of the family of Chesta Shoemaker claims that the dedicated nurse and devoted mother died a wrongful death at Vanderbilt Medical Center in Nashville, Tennessee.

Chesta Shoemaker entered the hospital with a kidney infection in the spring of 2017. Her son, Brett Keefer, reports that her condition was noticeably improving until a resident mistakenly punctured her carotid artery while attempting to insert a central line into a vein. This mistake cut off circulation to Ms. Shoemaker’s brain. This serious mistake went unrecognized for approximately 12 hours, and later attempts to restore proper blood flow to the brain were too late. The next day, with it being clear she would die as a result of her severe brain injury caused by the lack of proper blood flow to the brain, she was taken off life support and died.

As reported on the local NBC News channel, Brian Cummings, the well-known medical malpractice attorney representing Shoemaker’s family, states that Vanderbilt Medical Center is responsible for Chesta’s wrongful death since they should have had “a more trained physician doing something so important...if this resident had caught her mistake with any kind of promptness, this wouldn't have led to death.” The lawsuit claims both that Dr. Edwards "was not experienced enough to be permitted to attempt the procedure without supervision" and that Dr. Edwards “did not tell Ms. Shoemaker she was a resident.”

Chesta Shoemaker’s son describes his mother as “an amazing woman [who] had an excellent spirit. She was... always excited about life… and had a passion for helping people, healing, being there for people when they're down.” The lawsuit seeks damages ranging from $15 million to $30 million. Vanderbilt’s Chief Communications Officer, John Howser when asked for his response to the case replied that “...because this matter is the subject of pending litigation, it would be inappropriate to comment.”

Contact:

Cummings Law
4235 Hillsboro Pike, Suite 300
Nashville, TN 37215
Visit: www.cummingsinjurylaw.com
Phone: 615-800-6822
Fax: 615-815-1876

New York, NY (Law Firm Newswire) March 11, 2019 - The legal site Working Now and Then recently announced a scholarship to support law students. The Charles E. Joseph Employment Law Scholarship will award $1,000 to a current or admitted law student considering a career in plaintiffs' employment law. Named for Charles E. Joseph, founder of Working Now and Then, the annual scholarship will strengthen the field of employment law by supporting law students.

Employment lawyers serve a vital function by protecting the rights of workers. As Charles Joseph explains, "Most violations of workers rights go unremedied. Especially outside of the largest cities, there is a need for more employment lawyers." Employment attorneys play an important role in enforcing legal protections and ensuring workers' rights. The Charles E. Joseph Employment Law Scholarship encourages future employment lawyers through its annual scholarship.

Charles Joseph graduated from NYU's School of Law in 1990. After spending several years at a major Wall Street firm, he founded Joseph & Kirschenbaum in 1997. For over two decades, Joseph & Kirschenbaum fought for workers harmed by unfair employment and wage practices. The firm's focus areas include wage theft, discrimination, and sexual harassment, with high-profile victories against Fortune 50 companies and top restaurants. Joseph & Kirschenbaum has recovered more than $120 million for clients.

Joseph decided to found the scholarship in 2018. "Employment law has been good to me," Joseph says, "and I want to encourage others, even in a small way, and let them know I care about what they are doing."

The Charles E. Joseph Employment Law Scholarship supports future employment lawyers through its $1,000 annual award. The eligibility guidelines include current or admitted students at an ABA-accredited law school who are considering careers in employment law. Applicants submit unofficial transcripts or an admission letter, a resume or CV, and a 750-word essay describing the biggest challenges facing workers' rights.

The scholarship committee, including Joseph, will evaluate applicants on their academic record, future career promise, and the originality of the essay. Joseph encourages applications from "all students interested in workers' rights, especially idealistic students planning on working on the plaintiffs side, whether in a private practice or a pro bono organization."

Working Now and Then will award its first scholarship in May 2019, with funding for the 2019/2020 academic year.

For more information, see the Charles E. Joseph Employment Law Scholarship page or visit Working Now and Then.

Austin, TX (Law Firm Newswire) March 11, 2019 – A Texas shipping supervisor was awarded over $1 million after a 3-year legal tussle.

The accident that caused this worker to ultimately sue a trucking company happened in 2016 while the man was working as a shipping supervisor at CFW in Gainsville, Texas. A truck owned by KLD and driven by a KLD trucker, arrived at CFW to pick up a load to be delivered.

The driver noticed something was wrong with the cargo door of the 20-foot box truck. He asked the shipping supervisor to assess what was wrong with the overhead truck door. As the supervisor stepped into the truck to evaluate the issue, the door fell on him. He sustained a brain injury and was off work for approximately three months. Additionally, the man went through physical therapy and a transcutaneous discal resection of the L5-S1 vertebrae.

The three months were particularly difficult for the man, as he regularly locked himself in the garage or his room and would not interact with his family. On medical assessment, a neuropsychologist indicated the man was permanently cognitively impaired and suffered from chronic depression and anxiety. Luckily, his employer allowed him to remain on staff despite missing work.

“The plaintiff worker’s attorneys discovered that KLD had no policies/procedures in place to reveal defects with their equipment and that prior to the date of the accident the same truck had been to CFW with the same defective door,” said Austin personal injury attorney, Brooks Schuelke, not involved in the case. The attorneys argued that KLD knew or should have known of the defect. Additionally, the lawyers indicated that KLD may have attempted to hide evidence by not producing requested documents.

During the trial to settle whether or not the worker was entitled to compensation for his injuries, the defense claimed the man was not injured at work and that the door falling on him was the result of his negligence and the negligence of the employer. The jury did not agree with that argument and handed down an award of $1,134,000 for past and future medical care, future loss of earnings, past and future mental anguish, past and future physical pain, and past impairment. The verdict was: 90 percent liability apportioned to KLD and 10 percent apportioned to the truck driver.

Tampa, FL (Law Firm Newswire) March 8, 2019 - A jury found a trauma surgeon in Shreveport, Louisiana, guilty of stealing Social Security disability benefits totaling over $200,000. He was convicted on a single count of concealing or failing to disclose an event affecting right to a government benefit and 20 counts of theft of government property.

The federal jury delivered the guilty verdict in U.S. District Court in Shreveport after about 10 hours of deliberations. Dr. John Owings, 58, was trauma chief at Louisiana State University (LSU) Health Sciences Center. He received disability payments for nine years while simultaneously working at the facility and another hospital.

“The Social Security Administration has very specific rules when it comes to claiming benefits,” commented Florida social security disability attorney David W. Magann. “When trying to determine eligibility for Social Security programs, it is a good idea to speak to a social security disability attorney who can answer all your questions, help you avoid making mistakes and ensure you receive the benefits you deserve.”

Owings submitted an application for disability benefits to the Social Security Administration (SSA) in April 2008 and received payments through June 2017. His attorney said the surgeon had a serious bone-related disease that is now in remission.

Owings failed to notify the SSA about resuming work in 2012. The University of California-Davis hired him as a surgeon with a $22,000 monthly salary.

Owings then started working as chief of the trauma center at LSU Health Sciences Center where he earned around $40,000 each month. However, federal prosecutors said he again did not inform SSA officials about his employment. Owings was hired in 2013 after the hospital’s trauma services risked losing national accreditation.

ALSU Health Shreveport spokeswoman said Owings’ felony conviction was grounds for termination of employment per hospital policy. The surgeon admitted he made mistakes but denied he was intentionally plotting to cheat the Social Security benefits program.

Owings faces a prison sentence of up to 15 years for the charges. He may also be required to pay $250,000 in fines per count and subjected to three years’ supervised released. Sentencing is scheduled for May 29.

Dallas, TX (Law Firm Newswire) March 7, 2019 – On January 31, 2019, the Department of Homeland Security (DHS) published a final rule in the Federal Register announcing important changes to the annual H-1B cap selection process.

Starting April 1, 2019, the United States Citizenship and Immigration Services (USCIS) will conduct the advanced degree exemption and regular cap H-1B visa lotteries in reverse order. The new DHS rule also establishes an electronic pre-registration requirement for employers planning to file cap-subject H-1B petitions.

“Conceptually, having a lottery to allocate available H-1B visa numbers before requiring petition submission makes sense and could save U.S. employers the expense of preparing a full blown H-1B petition only to learn that the Company's petition had not been selected. Like any new program, how the registration plays out will be important,” said Stewart Rabinowitz of the Dallas and Frisco law firm of Rabinowitz & Rabinowitz, P.C.

The DHS final rule said USCIS will begin requiring electronic pre-registration for employers planning to file cap-subject H-1B petitions in fiscal year 2021. H-1B slots will then be allocated against the electronic registrations utilizing the new selection process introduced in 2019. Thus, filings for April 2019 will remain unaffected by the electronic registration rule.

The USCIS lottery selection process traditionally started with the 20,000 master’s cap H-1B petitions first. Then, petitions that were not chosen were added to the pool for the 65,000 petitions to be chosen for the H-1B regular cap limit.

“By reversing the order of the two lotteries and by holding 65,000 general H-1B cap petitions first and then holding the 20,000 H-1B cap lottery for U.S. or higher master’s degree holders, new groups will be adversely impacted, such as secondary schools or other occupations which do not require a master’s degree at entry level,” said Rabinowitz. “Because the implementing H-1B statutory provisions are silent on preferring the special 20,000 H-1B for U.S. master’s or higher holder lottery over the general H-1B lottery, those issues will be examined in the next fiscal year when H-1B registration will take place.”

The DHS is expecting the reversal in the order of the H-1B lotteries to increase the chances of selection for approximately 16 percent of applicants or 5,340 workers with advanced degrees from U.S. institutions. As a result, there will be a decrease in the number of H-1B visas allocated to applicants with non-U.S. degrees and those who hold only bachelor’s degrees. The change falls in line with President Trump’s “Buy American, Hire American” executive order.

Austin, TX (Law Firm Newswire) March 6, 2019 - On January 25, 2019, the Texas Supreme Court issued a decision in the case of Glassdoor, Inc. v. Andra Group, LP where the issue was what evidentiary standard is required for the unmasking of negative and possibly defamatory reviews about businesses in online forums and social media.

Glassdoor is a company that operates a jobs and recruiting website where people can post reviews of their current or former employers. The posts can be done anonymously and Glassdoor has no role in drafting or editing the posts. Andra Group, LLP. is a clothing retailer based in Dallas, Texas. In 2014 and 2015, various people posted ten negative reviews on Glassdoor’s website claiming to be current or former employees. Some of the reviews stated that Andra engaged in illegal hiring practices, violated labor laws, and engaged in racial and sexual orientation harassment, among other alleged claims.

Andra filed a petition to take pre-suit depositions of Glassdoor regarding posts and what it thought was defamatory and business disparagement claims. Glassdoor filed a motion to dismiss Andra’s petition for pre-suit discovery on First Amendment grounds. The trial court denied Glassdoor’s motion and allowed the depositions, but also limited what posts Andra could ask questions about. Glassdoor appealed the trial court’s order to the Texas Court of Appeals, but the Court affirmed the trial court’s ruling. Thus, Glassdoor appealed the case to the Texas Supreme Court.

Texas Supreme Court Ruling

As in many cases on appeal, the Court first looks to determine if the case is ripe for a decision on the merits versus some other issue where it can dismiss the matter without deciding the issue that was originally appealed. In the present case, the Court first addressed whether, given the time that has gone by, Andra’s initial petition for pre-lawsuit discovery was moot due to the statute of limitations. The Court ultimately held that the matter was moot and ruled in favor of Glassdoor.

In Texas, there is a one year statute of limitations for defamation and a two year statute of limitations for business disparagement lawsuits. The Court reasoned that since more than two years have passed and Andra has still not filed a lawsuit against anyone, but merely a petition for pre-lawsuit discovery, the statute of limitations has run out; thus barring Andra from filing suit. Andra argued that it did not know the names of the people who posted on Glassdoor so a lawsuit could not be filed. But the Court suggested that a lawsuit still could have been filed using “Doe” as the defendant(s) and proceeding with discovery at that point. The Court overruled the Court of Appeals and dismissed Andra’s petition.

In a comment on the decision, Gregory D. Jordan, a business litigation attorney with the Law Offices of Gregory D. Jordan in Austin, Texas stated that, “clear legal processes for obtaining the identity of authors of defamatory posts are critical for businesses that value their online reputation. At some point, the Texas Supreme Court will likely need to set clear standards on this issue.”

The case is Glassdoor v. Andra Group LP, No. 17-0463.

Moorestown, NJ (Law Firm Newswire) March 5, 2019 - The Begley Law Group (BLG) is proud to announce its new attorney, Lea Emily Thierman. Ms. Thierman concentrates her practice at Begley Law Group in Estate Administration. She is licensed to practice law in both New Jersey and Pennsylvania.

Lea is a member of the Philadelphia, Pennsylvania, New Jersey and American Bar Associations, Young Lawyers Division, and works closely with clients on re-titling assets, settling the estate, as well as preparation of accounting and filing estate tax returns.

“Lea is a great asset to our team, she is very skilled in her position, and passionate about putting the client first, said Thomas D. Begley, Jr.”

Attorney Thierman earned her B.A. in Business Administration from The George Washington University of Washington, DC where she was a member of the Alpha Kappa Psi Business Fraternity. Following graduation she moved to Philadelphia, PA to complete her Juris Doctor from Rutgers School of Law. She continued her education earning her L.L.M. in Taxation with Estate Planning Certificate from Temple University Beasley School of Law.

“I am honored to be a part of one of the most respected firms in the industry,” said Thierman. “The Begley Law Group is a leader in planning estates and protecting legacies, it’s truly fulfilling to be a part of the team.”

In addition to practicing law, Lea enjoys cooking, traveling, and spending time with her family and friends.

The team at Begley Law Group, P.C., has four lawyers and more than 75 years of experience in elder law throughout New Jersey and Philadelphia. They are known for their legal expertise, tenacity, and problem-solving approach to exceed clients’ expectations.

For more information: http://www.begleylawgroup.com

Colleen Caruso
Begley Law Group, P.C.
509 South Lenola Road, Building 7
Moorestown, NJ 08057
800-533-7227

New York, NY(Law Firm Newswire) March 5, 2019 – A New York high school teacher was suspended indefinitely for showing his students a video about due process related to sexual assault and rape on college campuses. The Bedford Central School District extended his original month-long suspension in connection to seven new charges.

Mike Poplardo taught economics at Fox Lane High School in Bedford for 30 years. He was suspended without pay after showing his senior classes a 41-minute Fox News documentary titled “The Truth About Sex and College.” The school district described the video as containing “inappropriate sexual content” and claimed it “presents a one-sided, biased political viewpoint.”

District Superintendent Dr. Christopher Manno sent Poplardo a letter on January 25 stating that his suspension “will continue until further notice” pending a second hearing in relation to the additional charges filed against him. The suspension was originally scheduled to end on February 1. The new charges were “misconduct and conduct unbecoming a teacher, misconduct, incompetence and insubordination.”

“All teachers and educators accused of misconduct have the right to a disciplinary hearing,” commented Peter Brill, a New York criminal defense attorney with Brill Legal Group, who is not involved with the case. “A hearing allows the accused individual to present their side of the case. It is important to have an experienced attorney by your side to aggressively protect your rights and interests. The quality of representation can have a significant impact on the severity of any penalties.

The new charges were leveled against Poplardo after he shared with his students’ parents a lesson plan that included a link to the Fox News video. According to the superintendent’s letter, the teacher was not allowed on school district property for the duration of his leave of absence except to attend a scheduled disciplinary hearing. Manno also prohibited Poplardo from discussing with his students the disciplinary charges and the circumstances surrounding his suspension.

Prior to his current suspension Poplardo had received near perfect evaluations during his time at the school. District officials said Poplardo refused a proposed settlement that consisted of a fine, training and counseling without any suspension.

Austin, TX (Law Firm Newswire) March 4, 2019 – Concussions are common when playing contact sports and even most of the fans understand there is some risk to the players involved. Broken bones are one-thing, serious head injuries are another.

Head injuries involved in contact sports have players, coaches and parents concerned. Head injuries kill. And if by chance they do not kill right away, they can do extensive and serious brain damage that ultimately may take a player’s life due to disease or by their own hand.

Between 2017 and 2018, at least 291 concussions were sustained in the National Football League (NFL). In English rugby, per 1,000 hours of play, there was, on average, one concussion per match, a three-fold increase from five years ago. Furthermore, a 2017 study of 111 deceased NFL players revealed the that 110 had chronic traumatic encephalopathy (CTE).

An in-depth study of the collisions players had sustained suggested that 20 to 45 percent of players run the risk of sustaining CTE. Severe, repetitive concussions greatly increase the risk of dementia, depression, cognitive issues, substance abuse and short-term memory loss. For spectators, the risk of serious brain injury does not seem to diminish the entertainment value of the sport. In fact, fans seem to relish the big hit or the big blow.

Despite the fact that concussions are prevalent in sports today, many improvements in how concussions are dealt with are helping injured players. What is more, awareness of head injuries in contact sports is growing. “Players are now more readily willing to express concern about a head injury, a fact that increases the ability to diagnose and treat a concussion sooner rather than later,” indicated Austin traumatic brain injury attorney, Brooks Schuelke. Coaches and medical personnel also pay more attention to players and look for signs of concussion. The increase in the ability to diagnose brain injury sooner is beneficial to players, especially since one of the bigger risks of permanent problems is athletes sustaining a second concussion before they are healed from the first.

The ability to diagnose concussions earlier is a huge success. However, with the advancements in football helmets, which reduce skull fractures, players are increasingly using their heads during games. This is a counterintuitive move that may mean concussions remain a serious issue in contact sports. And it is not just football or rugby that result in head injuries. It is other sports such as boxing, soccer, hockey, baseball and even cricket.

While a solution to the problem of sustaining concussions in contact sports is partway there, more action needs to be taken in contact sports. Human brains are not fully developed until the mid-20s, thus any head injuries sustained prior to that are often missed in high school players, a possibly deadly precursor in later life if the student chooses to continue to play contact sports.

“If you play contact sports and feel you are not being given proper training in relation to concussions, have sustained a concussion or suspect your training is not adequate to prevent head injuries, you can talk to me about your legal rights,” said Schuelke.