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It is interesting to note that many disabled persons, instead of slinking away and being embarrassed by their conditions, are asserting their rights. They already educate themselves with the basics of the Americans with Disabilities Act (ADA) of 1990, a law which protects them against discrimination and rules that establishments and such give proper accommodations for them.
Adopted to remove the barriers that prevented the society from benefiting from the participation and contributions of individuals with disabilities, the ADA took effect in July 26, 1990. Its Title I prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities - whether in job application, procedures, hiring, firing, advancement, compensation, job training and other terms, conditions and privileges of employment. It also has the qualifications of a person with disability. Four other titles of ADA includes other aspects where the issue of disability is very much considered: public services and public transportation, public accommodations, telecommunications and miscellaneous.
Many states have also adopted and enforce versions of the federal ADA. Now, on the Supreme Court rulings posted by Peggy McGuiness at Opinio Juris, referred to by Walter Olson on March 2, 2005 at the site, http://www.overlawyered.com/archives/cat_disabled_rights.html several important and interesting issues about the ADA were raised.
An argument ensued at the Supreme Court when the Department of Justice (DOJ) sided with a group of disabled cruise passengers who sued Norwegian Cruise Lines (NCL) for failing to provide the kinds of accommodations required on public transportation under the Americans with Disabilities Act. The defendant, NCL argues that they should be exempt from ADA regulation in the same way that they are exempt from federal labor laws because their ships fly under the Bahamian flag. The DOJ and the plaintiffs argue that the ADA can be applied to foreign flagged vessels operating in US waters precisely because they come in and out of US jurisdiction and operate as a public accommodation.
Now, this is really quite an ruling since it essentially goes beyond the international law, which maintain that ships are generally only subject to the jurisdiction of the state under whose flag they sail. Infact, cruiselines choose to register under foreign flags precisely to avoid certain regulatory restrictions and costs (i.e., taxation, labor and employment laws).
The DOJ ruling favoring the disabled has become a broad application of the ADA to foreign-flagged vessels. This might even be conceivably applied not only to cruise ships, but also to every merchant marine vessel that ever enters US waters. But cruiselines are not interested in complying with the nation’s stringent ADA since compliance in those circumstances would be extraordinarily expensive and a burden on trade.
I think there’s nothing wrong with the ruling, though. It’s just that, public services, transportation and all other busness establishments must not just think about the expenses that go with compliance on several laws. They must simply learn to respect the rights of disabled citizens.
About the Author
For additional Information about the articles you may visit http://www.wheelchairspower.com
Litigation Funding offers financial resources to plaintiffs that are the victims of personal injury by the negligent acts of another. It is simple reality in the United States legal system that financial strength plays a significant role in the ultimate settlement or judgment amount of legal claims. Fortunately there are litigation funding companies like Global Financial (http://www.glofin.com) that offer funding services to Plaintiffs which can help level the playing field with deep pocketed defendants.
Litigation Funding is offered to plaintiffs with a legitimate legal claim, however, there are no credit checks or income verifications. The funding company advances cash to the Plaintiff in return for a portion of their potential legal claim proceeds. If the legal claim is successful then the litigation funding company receives their capital back plus fees, however, if the case is lost for any reason, the plaintiff keeps the money without obligation to repay the funding company. This type of contingent advance is not a loan but rather an investment which is speculative and repayable only upon some unknown and contingent event. In fact, it is very similar to the fee that a Personal Injury attorney charges its clients.
It is clear that large insurance carriers for defendants in personal injury cases will make low ball offers to see how desperate a plaintiff may be. They are using their financial superiority in hopes of achieving a settlement amount that is lower than the ultimate value of the plaintiffs claim. It seems to be a game of cat and mouse in which the cat represents the defendants insurance carrier and the mouse represents plaintiff. Fortunately, litigation funding companies like Global Financial (866-709-1100) can help level the playing field for personal injury victims and allow plaintiffs to receive a full and fair settlement or judgment.
It is important to note that Litigation Funding can be considered as a form of insurance against a potential loss in the legal claim. In other words, the plaintiff receives a financial guarantee that they will receive a financial recovery regardless of the outcome of the legal claim. If there is no financial recovery from the legal claim then the plaintiff will still obtain a financial recovery from the claim by keeping the cash advance received from the litigation funding company without obligation to repay any amount. If, however, the legal claim is successful, the plaintiff is only obligated to repay the cash advance they received plus fees. Regardless of the outcome, a plaintiff is guaranteed a financial recovery and that is assurance or insurance no matter how you look at it.
About The Author
Wensley McKenney is a graduate of Tulane University and has 15 years experience in the financial and legal fields. His firm Emerson Capital, Inc. has raised more than $125 Million of public companies.
If you take a lot of pictures, or are getting ready for an event where you’ll want to have lots of quality photos to include in your family album (i.e. weddings, holiday get-togethers), you’ll want to know more about photo editing software that is both affordable and easy to use. Here are some software programs for editing photographs and graphics that you may want to check out.
Virieu has a free photo editing program that is easy to use, and is compatible with most computers. With the program, you can add captions to your pictures, ‘frame’ your portraits digitally, and make your photos into backgrounds for your screen or to send out in your email by using the fade and shade features that come along with the program. The programs will also show you how to darken or lighten certain sections of the picture, so that you can remove certain items from your photograph. You can try the editing software out for free during a 21-day trail, and then the service is $29.00.
www.reallusion.com also has a wide variety of editing equipment to try that will make any picture you take look professional and impressive. You can take advantage of the muscle-based facial enhancement feature, so that you can ‘fix’ the faces of the people you take pictures of to create a more flattering photograph.
Other products from the company include the Effect 3D Studio, a graphics editing and design program that allows you to make animated graphics no matter what your skill level is. You can also purchase CrazyTalk, a program that allows you to create animated talking characters for PowerPoint and DVD presentations. Most computers are equipped to download the programs (a Windows 98 or higher is usually acceptable), and you can try the products out before you purchase any of the programs.
In order for you to download, edit, and save your photos on your computer, you’ll need a digital camera to take your pictures with. Brands like Canon and Olympus have great digital cameras that are easy for you to use, and produce quality photos that you can save on your computer. You may also want to pick up a book or two with some more basic information on photo editing software, so that you’ll know which programs are easiest to use and most affordable. You can also find new and used photo editing programs, such as Instant Photo Editor on sites like www.amazon.com, with complete CD-ROM instructions on how to make sure you edit great photos every time you use the program.
Mansi gupta enjoys writing about photo editor. Learn more at www.mystikmedia.com/autoimager.asp .
Yes, of course. I was unable to find any attorneys that are only bicycle accident lawyers in Los Angeles, but there are a lot of lawyers that specialize in accidents in general and they can offer you all the help you might need at the court.
Where can I find them?
As everybody else they can be found on the Internet. Type “bicycle accident lawyers Los Angeles” phrase in your search engine and you’re going to receive at least 10 attorneys’ sites. But before you choose, check their records and make sure their bills won’t be too high - it is easy to spend so much money on lawyers that in the end you start to wonder why you have sued somebody in the first place.
What are my rights after a bicycle accident?
Under California law you have substantial rights if only you had a bicycle accident. “Lawyers Los Angeles” website (www.losangeles-lawyers.com http://www.losangeles-lawyers.com) can provide you all information you might need. You have rights to compensation of medical expenses, lost income, property damage, pain and suffering, future medical expenses, loss of future enjoyment of life, scaring and disability. As you see there are quite a lot rights and they are limited by one thing only - the California law sets strict time limits of taking actions. In some cases you can have only a few months. Of course if only you keep to these limits, there is a good chance of winning a few dollars and all bicycle accident lawyers in Los Angeles will be more than eager to help you.
Where’s the catch?
It’s simple - if you request the help of lawyers you have to be prepared to spend some time and money on them. A typical bicycle accident lawyer in Los Angeles will take at least about 30 per cent of money you will win (plus expenses), so in some cases it is simply not cost-effective. Of course if the accident was a serious one and you have a chance to gain more than a few hundred dollars, there can be something to fight for. Just don’t let the lawyers take control of the situation - and check the bills they send you.
Dave Hoffman is the founder of Personal Injury Atorneys a website providing information on personal injury law.
The following crossed my desk recently. The author gave me permission to share her story:
“Please alert people to something we’re experiencing right now - having to clean up the mess of someone not naming more than one person as beneficiary on a life insurance policy. We are having an impossible time trying to get the funeral expenses paid for my sister and my mother. They died within four days of each other, and they left each other as beneficiary of their life insurance policies.
‘If the person listed as a beneficiary dies, the insurance benefit goes into their estate.
‘The problem is, neither of them had a will, either.”
(Aside: This means that both estates, the mother’s and the daughter’s, will have to be probated by the Court, and the Court will decide who gets what. The process can be lengthy, and it can be expensive. The family might not see the funeral money for a while.)
“Also, please alert people to be sure that the person they choose to be their medical decision maker - the person who has Medical Power of Attorney - is willing to do what they would want done. Review the mental capacity of the appointed person regularly.
‘My 85 year old Mother couldn’t bring herself to honor my sister’s Living Will that said she wanted to be allowed to go. The doctor wouldn’t write a letter stating Mother wasn’t capable of making these decisions for my sister, who was in a coma.
‘So, my sister was put on life support, even though there was no hope that she would ever awaken or live a productive life. She lingered for months on a ventilator.
‘My family and I wish we had thought about all these things sooner. We are taking a closer look at our own papers now.”
She is soooo right.
Life insurance is something we all tend to forget about. When you started that new job, you made out your employer’s insurance beneficiary papers on the first day. Have you thought about them since?
What about your Medical and Financial Powers of Attorney (you do have them, don’t you?). If you’ve designated your spouse on one or both, what happens if you’re in an accident together? Is there a secod person named who can step in?
If you made arrangements for your children when they were babies, are there things you should change now thatthey’re older? Now that several years have gone by, would you still appoint the same people to care for your children in the event of a catastrophe?
Do you have a will? If not, some stranger in a black robe is going to be making decisions for you one day.
What about your parents? If one of them has passed away, has the survivor made the necessary changes to legal documents?
If one parent is in poor health or getting confused, is he or she still the only one legally appointed to make decisions for the other?
This doesn’t really have anything to do with your age. Everyone over the age of 18 should give some thought to these questions, and then take action. Should you do something about it right now, before something goes tragically wrong?
You Betcha!
© 2004 Molly Shomer, All Rights Reserved.
You are free to use this article as long as you include complete attribution, including live web site link and email link. Please notify me where the material will appear. The attribution should read:
“Molly Shomer helps when you’re struggling with eldercare. Find articles, resources, tools and support at http://www.eldercareteam.com
Translated in Ducth it says: Woon je in Haarlem of Eindhoven en heeft u BKR notering. Lenen met zonder BKR is nog nooit zo eenvoudig geweest. Haal snel een nieuwe caravan met met geld bkr lenen, 136756 euro is altijd mogelijk om te lenen. Van Waalre tot Vlaardingen, financieren met BKR is altijd mogelijk.
4.5 percent interest rate may seem so good but will it stay unalterable after you’re going to riposte your deferred payment. Lots of of the banks wil show you a loan rate that looks acceptable but doesn’t feel advantageously or so after a period of time. A moneylender in Milwaukee Wisconsin or so can have a total completely different actual rate for a 30000 dollar loan then a bank in Jonesboro Arkansas and that makes a large clear difference in your monthly costs. Examine to see if the merchant bank who is tending to give you a loan is right. That’s why now you really need to go out and check if you can have a bank loan at a dependable percent interest rate. It doesn’t matter if you live in Palmdale California or in Monterey Park California a beneficial online investigation will preserve you often a lot of problems. At this present you can suss out rates of interest quickly online and fancy if there are other conditions you should be aware of. Be fresh today to analyze if you have a nice deal or if you don’t with the merchant bank that offers you a credit loan.
In April, 2004, the FAA updated and revised the Practical Test Standards (”PTS”) for the Instrument Rating. The new standards went into effect October 1, 2004. Of particular interest to instrument flight instructors (”CFII’s”) and pilots holding instrument ratings is a substantial change in the requirements for administering an Instrument Proficiency Check (”IPC”).
Prior to October 1, 2004, a CFII had discretion regarding what PTS tasks he or she could require for an instrument rated pilot to demonstrate instrument proficiency. That discretion allowed a CFII to be flexible in order to accommodate/address a pilot’s strengths/weaknesses, as well as the pilot’s aircraft, instrumentation and intended missions. That is, the CFII was allowed to decide what tasks the pilot needed to accomplish in order to show the CFII that the pilot could competently operate an aircraft solely with reference to the instruments.
Although this discretion presented the opportunity for a CFII to conduct an IPC with minimal demonstration of ability by the pilot, most CFII’s required pilots to demonstrate sufficient skills and competence to show that they could safely fly in instrument meteorological conditions (”IMC”). After all, no responsible CFII wanted to be the last IPC sign-off in a pilot’s logbook if the pilot was later in an accident or incident: Too many questions to answer and potential liability for the CFII.
However, the revised PTS no longer give the CFII discretion in how an IPC is to be conducted or the tasks to be performed. The current PTS now require completion of specific tasks including holds, unusual attitudes, intercepting nav-aids and dme-arcs, precision, non-precision and circling approaches, partial- panel and review of instruments and aircraft equipment.
Unfortunately, the removal of the CFII’s discretion seems to convert what used to be a learning experience tailored to a pilot and his or her needs into what is more closely akin to an actual check-ride. Under the prior PTS, a student and instructor could discuss and determine the appropriate and/or necessary tasks to ensure that the pilot could demonstrate the necessary competency to pass an IPC. This allowed a pilot to use the IPC as a learning tool by agreeing with the instructor to review or practice specific tasks on which the pilot may have felt he or she needed additional practice.
Under the revised PTS, all of the designated tasks must now be satisfactorily completed. Although a pilot and instructor can still tailor the IPC to focus on tasks needing additional work, the remainder of the designated tasks will still need to be completed. This will increase the time required for an IPC and may deter pilots from spending the time and money for additional practice of specific tasks.
Another concern is the requirement that an IPC candidate must now perform a circling approach. Unfortunately, this eliminates the opportunity for an IPC candidate to fully complete an IPC using a computer-based trainer such as an Advanced AD. Although an Advanced AD will still qualify for completion of a majority of the IPC requirements, if it does not have a wide, wrap-around display, a circling approach will be impossible and this portion of the IPC will need to either be demonstrated in an aircraft or in a simulator that is equipped for such an approach.
This new requirement also has the potential to increase the cost of an IPC for a pilot. If the pilot does not have access to an appropriate computer based trainer, he or she will need to perform a circling approach in an aircraft.
The revised PTS are here and are the standards for conducting an IPC. Pilots should keep in mind that an IPC sign-off received after October 1, 2004 that does not comply with the revised PTS will not be valid and may leave the pilot operating without instrument currency. Both pilots and their instructors should review the revised PTS to fully understand what tasks are required for an IPC.
As always, fly safe and fly smart.
About the Author
Greg is an aviation attorney, author and holds a commercial pilot certificate with instrument rating. His handles aviation litigation, including insurance matters and creditor’s rights, FAA certificate actions and aviation related transactional matters. He can be reached via e-mail at greigel@aerolegalservices.com or check out his website at www.aerolegalservices.com.
Microsoft Great Plains is main mid-market application from Microsoft Business Solutions. This is short article, written in question/answer/FAQ style to give IT Director/Controller balanced top level information on Microsoft Business Solutions Great Plains implementation. If you have decided on Microsoft Great Plains as main accounting and ERP system you need to know some technical details on Great Plains installation and implementation and what is going on behind the scenes. As of right now the current version is Microsoft Great Plains 8.0
What is installation in the language of technology? Installation has server and client sides.
What is following implementation? Implementation requires combination of technological and accounting skills
Do I need consultant? We strongly recommend you to use consultant in the following cases
Good luck with installation, implementation, upgrade and if you have issues or concerns - we are here to help! If you want us to do the job - give us a call 1-866-528-0577! help@albaspectrum.com
About The Author
Andrew Karasev is Chief Technology Officer in Alba Spectrum Technologies - USA nationwide Great Plains, Microsoft CRM customization company, based in Chicago, California, Arizona, Minnesota, Texas, Florida, New York, Washington, Georgia, Canada, UK, Australia and having locations in multiple states and internationally (www.albaspectrum.com), he is CMA, Great Plains Certified Master, Dexterity, SQL, C#.Net, Crystal Reports and Microsoft CRM SDK developer. You can contact Andrew: andrewk@albaspectrum.com; akarasev@albaspectrum.com
Businesses routinely maintain copies of correspondence and memos. Far to often, however, they do not extend this practice to email correspondence. Email correspondence is no different then your normal paperwork. You must keep copies of all of it to protect your business in any litigation.
Currently, only banks and broker-dealers are obliged to retain e-mail and instant messaging documents for three years under U.S. Securities and Exchange Commission rules. Beginning July 2006, all public companies will also be required to do so under the Sarbanes-Oxley Act.
Notwithstanding these laws, your custom and practice should be to maintain copies of all email correspondence. Email is considered evidence and courts are hammering businesses that do not maintain email records. Judges are often ruling that the failure to maintain and produce email records means the business in question is hiding key evidence.
In the recent Perelman v. Morgan Stanley litigation, a judge’s ruling on the failure of Morgan Stanley to produce email was key factor in the issuance of a $1.45 billion verdict. Based on the failure to produce email records, Judge Elizabeth Maass issued a pretrial ruling that effectively found Morgan Stanley conspired to defraud Perelman in a 1998 deal. Morgan Stanley is not the only business defendant to have this problem.
In the summer of 2004, UBS bank was found by a judge to have “willfully destroyed” email evidence in a discrimination case. UBS was ordered to pay costs and a jury returned a $29 million verdict.
Email Policy
To protect your business, you must have a procedure in place to maintain email communications generated through the business. Failure to keep these records can lead to rulings in litigation that your business willfully destroyed evidence. If this occurs, the judge may issue significant monetary sanctions, automatically find you liable or take other harsh steps that assure a victory for the Plaintiff. As if such developments are not bad enough, there exists a second risk associated with email communications.
Maintaining email communications, however, can have a downside. The problem arises, of course, when a communication contains statements that are damaging to your business. Yes, the proverbial catch-22 situation.
To avoid such disasters, your business must develop a clear policy on email communications and train all employees to comply with that policy. Employees must understand the business environment is not one in which jokes, flippant remarks and so on should be made in email communications.
Richard A. Chapo is a San Diego business lawyer with www.sandiegobusinesslawfirm.com - a San Diego business law firm in San Diego, California.
Since the days of Upton Sinclaire’s “The Jungle”, workplace injury law has improved to protect workers and repay them for injuries incurred at work. Departments like the Occupational Safety and Health Administration (OSHA) have been developed to monitor working conditions and maintain a benchmark level of safety for workers. Not only is your employer responsible for providing a safe workplace, they must support you when you suffer injuries on the job site. OSHA penalizes companies for dangerous working conditions. These are some very strict regulations, and it is a good idea to contact a lawyer if you mean to hold your company responsible for injuries you’ve suffered.
Since its inception in 1971, OSHA has helped to cut workplace fatalities by more than 60 percent and occupational injury and illness rates by 40 percent. In the past, workers had to fend for themselves. People working in dangerous industries were not paid when they had to take time off for injuries, even when the injuries happened at work! These employees who took on extra risk by working difficult and dangerous jobs were not necessarily paid more, so it was often the marginalized members of society such as recent immigrants who were forced to risk their lives daily just to get by. Modern standards, such as those established by OSHA, seek to make this abuse a thing of the past.
Workplace injury and abuses still occur, however, especially if you don’t know your rights. If you have been injured at work because your employer has not provided appropriate safety measures or you have suffered a workplace injury and were subsequently laid off or not paid for your recovery time, contact a lawyer right away.
GA
To find out more about workplace injury lawyers and read about workplace injury lawsuits, visit our website at hugesettlements.com.
If you have any questions or concerns about workplace injury laws, please contact a professional workplace injury lawyer right away!
About the Author
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