Author Archives: Qamar

Discovery May Make or Break a Case Says Boca Car Accident Lawyer Joe Osborne

Boca Raton, FL, USA, 11/07/2016 /SubmitPressRelease123/

There are many phases to a personal injury case and one of the most important is called discovery. It’s the process by which each side gets the facts and opinions held by the other. Depending on the case what’s learned during discovery may not alter how Boca car accident lawyer Joe Osborne thinks a case might proceed but in some cases it may drastically change its direction.

“After we consult with a client and there’s a representation agreement we will do a full investigation into the accident or incident at issue. We work very hard at this and over the years we’ve gotten very good at it but there may be facts known by the defendant that we simply can’t find out,” says car accident injury lawyer Osborne. We normally present at least some of the facts we’ve found to the defendant’s insurance company and attempt a settlement through a demand letter.

If the case doesn’t settle and we feel there are good factual and legal bases to file a lawsuit we will do so. The insurance company often tries to have the complaint, or at least part of it, dismissed. It rarely happens but if it does we can often amend, or change, the complaint or the part in dispute so those claims proceed.

After that the parties normally engage is discovery. This can include:

Interrogatories which pose written questions to both sides.

Requests for production, request copies of relevant documents, data or that physical evidence be turned over to be examined.

Requests for admissions require a party to admit or deny a statement of fact, which can force a party to take a certain position, admit something damaging or narrow the issues of the case.

Depositions are when parties and witnesses (including expert witnesses) are asked questions by the attorneys for both sides and a record is kept of the proceedings.

Each party can object to a discovery request claiming there are valid legal reasons not to respond. If the lawyers can’t work their way around the objections the judge in the case can issue a ruling as to what discovery requests are valid and which are not.

Discovery is important for a number of reasons, not just because information is passed back and forth:

Each side gets the facts from each other so both sides have a better idea of the strengths and weaknesses of the claims and defenses.

During depositions both sides get an idea of how good a person may be as a witness during a trial, which is important. Is the person evasive, nervous or not handling the pressure well? Is the person credible, relaxed and able to tell his or her story in a way a jury would believe? How “good” a witness is can have a major impact on a trial.

During discovery very damaging or very helpful evidence can come out for either party, which is one reason why discovery takes place. Not all the important information and evidence is out in the open for everyone to see, adds injury attorney Osborne.

After discovery the parties and attorneys should have a good grasp of how likely the lawsuit is to succeed or fail and what damages would be appropriate for the case. Cases often settle during or after discovery because each side gets a good idea of what cards they and the other side are holding. Both parties can either continue to raise the stakes and proceed to trial or they can negotiate a reasonable settlement that both of them can live with, fold, and get on with their lives.

If you or a family member have been injured in a vehicle accident in Miami-Dade, Broward or Palm Beach Counties and have any questions about accident law, contact Boca car accident lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. We can talk about the situation, how the law could apply in your case and the best legal options to protect your rights and obtain compensation for your injuries.

Media Contact
Joe Osborne
(561) 800-4011

source: http://www.oa-lawfirm.com/discovery-may-make-break-case-says-boca-car-accident-lawyer-joe-osborne/

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When a “Routine” Medical Procedure Goes Wrong

New York City, NY, 11/07/2016 /SubmitPressRelease123/

Although few people relish the idea of going under the knife or scheduling a surgery, most of us don’t worry overmuch about so-called “routine” procedures. In fact, certain medical procedures, such as tonsillectomies, are often considered a rite of passage for American children. Many adults can recall spending a day in a surgery center to get their tonsils removed, then being treated to all-you-can-eat popsicles and smoothies for a few days afterwards.

Fortunately, the majority of routine medical procedures are just that — routine surgeries and outpatient procedures that help millions of children and adults lead healthier lives. In some cases, however, what should have been a simple procedure leads to dangerous and even deadly complications.

Medical Mistakes Now the Third Leading Cause of Death in the U.S.

According to researchers at Johns Hopkins, medical errors are now the third leading cause of death in the country. When a doctor, hospital, nurse, or other health professional takes the safety of a routine procedure for granted, and fails to perform all the necessary pre- and post-operative procedures, patients pay the price.

In recent years, several cases of medical mistakes during routine medical procedures have made headlines. In July 2016, the widow of a man who died during a routine endoscopy settled her wrongful death and medical malpractice case for an estimated $3.75 million. According a news report, the nurses who administered the sedative for the procedure gave twice the recommended dose of medication, causing the father of two to suffer an irreversible brain injury.

Also in 2016, the family of Joan Rivers, who died during an endoscopy in New York City, settled a medical malpractice lawsuit against the facility that performed the procedure. According to Fox News, a government investigation revealed that the facility and its doctors failed to keep proper medication records, performed an additional procedure not authorized by Rivers or her family members, and took unauthorized cell phone photos of Rivers during the procedure.

After a 29-year-old woman died following a plastic surgery procedure in Miami, Florida, the Miami Herald reported that investigators discovered that doctors affiliated with the clinic had maimed patients and discharged patients to facilities, including a horse ranch, with no nurses on site to provide post-procedure monitoring and care.

New York Medical Malpractice Law Firm

Although most low-risk medical procedures are safe when performed by a competent physician or surgeon in a competent medical facility, no surgery or procedure is entirely without risk. If you have been injured at the hands of a doctor, nurse, or other medical professional, or you have lost a loved one due to a medical mistake, you have important rights. Protect them by speaking to an experienced New York City medical malpractice lawyer about your case as soon as possible.

Call New York City medical malpractice lawyer, Jonathan C. Reiter, to get a free case evaluation today. You can reach us through our online contact form, or by calling 866-324-9211.

Jonathan C. Reiter Law Firm, PLLC

The Empire State Building

350 5th Avenue #6400

New York, NY 10118

T: (212) 736-0979

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Source: Jonathan C. Reiter Law Firm, PLLC

source: http://injuryaccidentnews.jcreiterlaw.com/2016/11/03/routine-medical-procedure-goes-wrong/

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Modica Bros Tire And Wheel Center Announces 4th Annual Food Drive

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Beaumont, Texas, US, 11/07/2016 /SubmitPressRelease123/

Modica Bros Tire and Wheel Centers are pleased to announce their fourth annual “Food Drive to Can Hunger” event going on now through December 19th at all of their locations in southeast Texas. Once again, as a special incentive, anyone donating non-perishable or canned good items will receive $5 off an oil change plus a free tire rotation.

“We just want to give back to the community,” shares general manager Lanny Graham. “We love servicing the tires, wheels, and other automotive needs of the people of our communities and this is just another need we can help meet. We want all of our team members to go above and beyond everyday and this “Food Drive To Can Hunger” all started because one of our managers had the desire to help others out.”

The first Modica Bros food drive began with sales manager Marianna Bass. “Christmas and the holidays are about sharing and giving, and sometimes we get caught up in holiday stress and only extend that good will to family and friends. At Modica Bros we wanted to get involved and do something that could impact individuals beyond our own circles of influence,” Marianna states with a smile. “We just wanted to do the right thing.”

All food donations will be delivered to Southeast Texas shelters. In the State of Texas, 1 in every 4 children lives in poverty and about 15% of the elderly in Southeast Texas also live in poverty.

“Everything we do at Modica Bros is based upon integrity,” explains Lanny. “And this is just another extension of that. Whether it’s Wounded Warriors or the Food Drive, we just want to do our part.”

Founded over 40 years ago, Modica Bros Tire and Wheel Centers has strived to offer the absolute best in customer service. A huge component of this is their neighborly approach to every individual.  “You’re only a stranger here once,” laughs Lanny, “we treat everyone like family.” This philosophy reaches beyond the individuals that come into their stores and extends to the neighborhoods and communities that are home to each of the Modica Bros nine locations.

“Modica Bros has always been about family,” confides CEO and founder J.C. Modica. “Not just our family as a team at each location, but the way we are tied in with each of our customers and even with all the people of our communities. We’re all Texans, and if we can do anything to help another Texan, you know we are going to do it.”

Individuals are encouraged to stop by and drop off non-perishable food items at any Modica Bros location anytime Monday thru Friday between the hours of 7:30 A.M. and 5:30 P.M and on Saturday from 7:30 A.M. to 4:00 P.M. Each location is closed on Sunday.

Modica Bros has two locations in Beaumont and other service centers in Vidor, Orange, Nederland, Groves, Jasper, Silsbee, and Woodville, and may be reached online at www.ModicaBros.com or by calling (409) 842-1794.

All Modica Bros locations specialize in sales and service for all tires and wheels, brakes, air conditioning, batteries, alignments, radiators, shocks, struts, suspension, tire rotation, wheel mounting, power steering, oil changes, and other general auto maintenance.

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Trinity Universal Insurance Renews 84K SqFt Lease At Boxer’s Executive Center II

Houston, TX, 11/07/2016 /SubmitPressRelease123/

Boxer Property is pleased to announce that the Trinity Universal Insurance Co. has renewed its lease in Executive Center II located at 8330 Lyndon B. Johnson Freeway, Dallas, TX. Trinity Universal has occupied over 84,000 square feet of office space in the complex since 2002, and the renewal is for ten years.

Senior Broker Mark Dowdle negotiated the lease on behalf of Boxer Property. Calvin Nash AVP Real Estate for Kemper along with Dan Fisk and Chris Wood with Cushman & Wakefield’s Chicago office represented the tenant.

Executive Center II & III each have 12 floors for a total of 381,383 square feet of office space on Lyndon B. Johnson Freeway. Striking mirrored architecture and crisp landscaping frame a grand entryway that leads to renovated lobbies, a fitness center, and a cafe. Tenants enjoy access to two conference rooms, an 85-seat auditorium with stadium-style seating, and a loading dock. The buildings have onsite leasing, maintenance, and property management and includes 24-hour security as well as free controlled-access garage parking.

The offices are convenient to nearby restaurants, retail shopping, and fitness centers, as well as The Westin Park Central, Texas Instruments, and Medical City Dallas Hospital. The DART LBJ/Central Station on the Orange and Red Lines is one mile away, while DFW International Airport is less than 20 miles.

Trinity Universal Insurance Company operates as a subsidiary of Kemper Corporation and provides property and casualty insurance products and services. The company primarily engages in the private passenger auto liability business as well as personal and commercial coverage, including homeowners, liability, and workers’ compensation insurance services. The company was founded in 1926 and is based in Dallas, Texas.

About Boxer Property

Boxer Property is celebrating over 24 years as an innovative commercial real estate investment and management company that specializes in maximizing the value of under-performing and challenged properties through aggressive leasing and hands-on management. Founded in 1992, Boxer Property Management Corporation is a privately held firm based in Houston that manages, leases, and administers retail, medical, hospitality and office properties with over 15 million square feet across more than 120 locations, nationwide. For more information, visit BoxerProperty.com

Contact:

Heather Shuttleworth

Director of Marketing

Heather.Shuttleworth@BoxerProperty.com

713-777-7368

source: http://www.boxerproperty.com/blog/trinity-universal-insurance-renews-84k-square-foot-lease-executive-center-ii-dallas/

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Study On Major Airports Shows the Need for Air Filtration

Riverdale, NJ, 11/04/2016 /SubmitPressRelease123/

When people talk about the need for air filtration, they often overlook airports as being one of the biggest sources of air pollution in major cities.

A recent study has shed light on the reasons why airports have increasingly become sites that pose health risks not only to people who are traveling, and people who are picking up travelers, but to surrounding communities.

Airport Pollution Impact Zone

The study, which was funded by the National Institute of Environmental Health Sciences, and published in the journal, Environmental Science & Technology, found that airport pollution spreads out much further than experts had believed.

Previous studies that included air sampling tests had found that partulate matter generated from airplanes, spread out no more than two or three miles away from an airport.

But in this new study, an analysis of Los Angeles International Airport (LAX) found that airport pollution was measurable as far as 10 miles away.

And to ensure the greatest accuracy, researchers took the air samples during LAX’s busiest hours, when as many as 60 jets land or take-off every hour.

The results showed that particle-matter levels within that 10-mile radius were twice as high as in areas that were outside of that radius.

More troubling, the pollution generated at an airport is equal to or greater than the pollution created by miles of freeway traffic, which is startling, considering how much smaller airports are than a typical highway in a major city.

The study concluded that LAX was one of the largest sources of air pollution in the city, which is certainly alarming.

The implications are dire, because many airports in urban areas are near residential and commercial areas that are densely populated. In fact, the study cautioned that millions of civilians living in areas that are near an airport are exposed to more poor quality air when they are walking outside, driving on streets and roads, or simply living in their residences.

Types of Pollution

The most common types of air pollution at airports are sulfur dioxide, nitrogen oxide, and a number of other toxic contaminants that are caused by the exhaust generated by hundreds of airplanes every day.

These particles – many of which are microscopic – pose a health risk, because they can penetrate into a person’s lungs and chest, and lead to breathing disorders such as asthma, bronchitis, chronic obstructive pulmonary disease (COPD), and other illnesses related to our breathing system.

This threat was made clear by a recent study conducted in Massachusetts, which found that children who lived near Logan International Airport in Boston, had a four times higher likelihood of developing asthma than children who lived further away.

The study also found that adults who lived in residential areas that were near an airport were more likely to develop COPD than adults who lived further away. While the study pointed out that there was no direct causality between people who lived near airports and respiratory illnesses, there was a strong association between airport pollution and adverse health.

Commercial Filtration Solution

With the air outside airports being so toxic, the need for air filtration systems inside airport terminals has never been greater.

The air inside an airport terminal is drawn from the outside, and without effective filtration of particulates and gaseous pollutants, passengers and visitors will inhale contaminants that can lead to a variety of respiratory illnesses.

And the air quality outside airports in under-developed parts of the world is even worse, robbing people who live in these areas of the opportunity to breathe clean air, which should be a human right for every single person.

Camfil Provides Answers

For more than 50 years, Camfil has been at the forefront of airport air filtration technology that can filter and remove the tiniest particles, as well as gases and noxious odors. Camfil’s state-of-the-art filters are constantly being upgraded to provide the most efficient filtration available anywhere in the world.

Camfil’s philosophy is simple: Everyone deserves to breathe clean air. As an industry leader in the most advanced air filtration technology, Camfil is dedicated to providing air filter products that can improve the quality of the air everyone breathes.

Lynne Laake

Camfil USA Air Filters

T: 888.599.6620,

E:Lynne.Laake@camfil.com

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SOURCE Camfil.us

source: http://cleanair.camfil.us/2016/11/02/study-on-major-airports-shows-the-need-for-air-filtration-to-combat-poor-outdoor-air-quality/

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Boca Nursing Home Neglect Lawyer Outlines The Signs of Neglect to Look Out For

Boca Raton, FL, USA, 11/04/2016 /SubmitPressRelease123/

You and your family chose a nursing home for your loved one that you thought you could trust. As it turned out the nursing home and its services were not what they were promised to be. If their employees neglected your family member and he or she was injured as a result, Boca nursing home neglect lawyer Joe Osborne may be able to help.

If a loved one is in a nursing home you should be aware of some of the signs of neglect. If it’s possible visit your loved one regularly at different times of the day and different days of the week.

Look for:

Poor hygiene

The person doesn’t look well cared for

Sudden weight loss

Changes in mental alertness or personality

Pressure sores on the person’s back, buttocks and lower back

Osborne’s nursing home abuse law firm has had cases where clients are injured in accidents and have to go into a custodial care facility such as a hospital or a nursing home.

Because of their conditions, such quadriplegia, they’re unable to get up and move themselves.

Somebody needs to roll them over.

If someone is left in one position for too long they can get pressure sores, which can become ulcers and they can become deep, open wounds.

If your family member can’t communicate well due to physical reasons like a stroke or isn’t coherent because of dementia that’s not a bar to bringing legal claims against a nursing home for neglect. There can be physical signs of neglect or abuse that can tell the person’s story to a lawyer for nursing home abuse without he or she having to say a word.

If a patient is admitted to a nursing home and is malnourished because they’re not being fed often enough or properly you’ll see significant weight loss, which is an objective sign that something is wrong. If the person developed infected, open sores the nursing home may not be equipped to handle the situation properly and they may need to be transported to a hospital.

The firm recently looked into a case where someone was admitted to a nursing home and was seemingly not being treated adequately. She was transported to a local hospital and the intake at the local hospital really told the tale of what was truly going on. They documented open sores, bruises and a drop in weight of over twenty pounds in a short period of time.

That conflicted with the nursing home’s records, which is always a telltale sign that there’s a problem. If a resident’s condition is not being documented properly employees may be trying to cover up the facts that the resident is not getting proper care and is suffering as a result. In this case there was an outside source, the hospital personnel who told it like it was.

Many people think that it’s only nursing assistants or maybe nurses who neglect nursing home residents and look the other way when abuse or injuries occur. As much as we want to trust doctors they may also be playing a role in nursing home abuse.

Often doctors who work at nursing homes are employed by the nursing home, which is responsible for properly monitoring and supervising their employees. They’re responsible for who they allow on the premises, who interacts with their patients and who they hire.

Nursing home residents’ rights to be free of neglect or abuse are different than medical malpractice committed by a doctor.

A doctor commits medical malpractice if the medical care provided he or she provides is below the standard of care that should be provided,

If a doctor doesn’t properly treat a resident or is aware of health problems caused by the nursing home but fails to take action he or she may be committing medical malpractice.

Such a legal claim against the nursing home can be made in addition to allegations of neglect or abuse by other nursing home staff.

If you or a family member have any questions about nursing home neglect or abuse in the South Florida area, contact Boca Raton nursing home neglect lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your loved one’s injuries.

Press Contact:

Personal injury lawyer Joseph Osborne
561-800-4011

source: http://www.oa-lawfirm.com/boca-nursing-home-neglect-lawyer-outlines-signs-neglect-look/

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Behind The Attraction Of DeSoto ISD’s Magnet Schools

DeSoto, 11/03/2016 /SubmitPressRelease123/

DeSoto Independent School District, located 15 miles south of Dallas, has a long history of providing some of the most successful, ambitious and comprehensive magnet programs in North Texas. In 2016, DeSoto’s graduating class of 525 seniors earned $9 million in scholarships. What many parents and educators don’t know is that the district’s secret lies within its robust curriculum offerings, specifically their magnet program. The program is comprised of fifteen comprehensive programs that are also open to out-of-district students including neighboring Dallas ISD students. DeSoto ISD’s Magnet and Innovative Programs have a comparable magnet offering in size, graduates and alumni success as Dallas ISD.

On Saturday, Nov. 12, from 9 a.m. to noon, DeSoto High School will host Magnets Attract, a unique event showcasing programs that students can apply for beginning in December. DeSoto ISD Magnet and Innovative Programs are tailored to give students and their parents the power to choose an education path based on personal interests and passion.

DeSoto ISD’s Magnet and Innovative Programs allow students in all grade levels from pre-K to high school to take ownership of their educational experience through the arts, law, business, medicine, linguistics and leadership. Pursuant to the transformation of science and technology in education, the Desoto ISD Magnet program also offers iSTEAM 3D curriculum at all middle schools and high school.

DeSoto ISD’s Magnet schools have curriculum that emphasizes a particular educational focus such as: engineering, science, technology or the arts. DeSoto ISD’s magnet schools open doors of opportunity and sparks the imagination of students, preparing them to become responsible citizens in a global society.

DeSoto ISD is dedicated to creating a districtwide, college-bound culture among students, parents and faculty members alike. Magnets Attract is being held as part of DeSoto ISD Family Day. Family Day session topics include STAAR/EOC Test Information, ACT/SAT, College Readiness, The Graduation Plan, IB Programs, Financial Literacy, PTA, Parent Involvement and much more. Student classes during Family Day include Respect, Leadership, Character and Bullying.

DeSoto ISD Magnet and Innovative Programs offer learning experiences that engage students while supporting interest that will open pathways to success. Programs include:

•        Collegiate Magnet Program (Upon graduation, an Associate Degree is earned along with a high school diploma from DeSoto High School (DHS))

•        Early College High School (Upon graduation, an Associate Degree is earned along with a high school diploma from DHS)

•        International Baccalaureate Diploma Program (DHS)

•        iSTEAM3D Magnet Academies (all three middle schools)

•        West International Male Leadership Magnet Academy (Gr. 6-8)

•        East Medical Magnet Academy (Gr. 6-8)

•        McCowan Fine Arts Magnet Academy (Gr. 6-8)

•        Amber Terrace Discovery & Design Early Childhood Academy (pre-K)

•        Northside Business and Law Magnet Academy (Gr. 3-5)

•        Ruby Young Medical & Environmental Sciences Magnet Academy (Gr. 3-5)

•        Woodridge Fine Arts Magnet Academy (Gr. K-5)

•        Cockrell Hill Linguistics Magnet Academy (Gr. K-5)

•        The Meadows STEAM Magnet Academy (Gr. 1-5)

•        Frank D. Moates Blended Learning Magnet Academy (Gr. 2-5)

North Texas parents and students are encouraged to attend this informal, make-your-own-pace event. All of DeSoto’s 15 magnet programs will showcase their unique offerings and capabilities through breakout sessions, performances and Q&As. Participants will also learn about the application and selection process. Door prizes will include a $1,000 scholarship, iPads and gift cards. Free breakfast will be available from 8-9 a.m., and food trucks will be on-site with lunch available for purchase.

A grand prize drawing for a $1,000 scholarship will be given to ANY current DeSoto ISD student who meets the eligibility requirements and attends all the sessions.

Event information:

WHAT:     Magnets Attract: DeSoto ISD Magnet and Innovative Programs Showcase

WHO:       DFW metroplex parents and students grades pre-K to 12

WHEN:     Saturday, Nov. 12, 9 a.m. to noon

WHERE:    DeSoto High School, 600 Eagle Drive, DeSoto, Texas 75115

COST:      Free

Agenda for the DeSoto ISD Family Academy including Magnet Showcase:

7:30-8 a.m.                 Registration

8-9 a.m.                      Breakfast and Student Performances

9:10-9:50 a.m.  Session One

10-10:40 a.m.   Session Two

9 a.m.-noon      Magnets Attract

11:15 a.m.- noon Guest Speaker and Drawings *

* Must attend both sessions and three Magnet Showcase tables to win

Event registration for the Family Academy is available online at www.desotoisd.org.

About DeSoto Independent School District:

DeSoto ISD is a small suburban school district serving over 9800 students district wide just 15 miles south of Dallas

Specialized funding within the district such as the Let’s GEAR UP grant allows DeSoto the opportunity to invest in its staff through professional development and in students with specialized education opportunities that enhance self-awareness and promote college. In addition, Let’s GEAR UP offers parents with insights and training that promote financial literacy and preparation.

Through DeSoto’s Magnet & Innovative Programs structure DeSoto ISD students can benefit from specialized magnet curriculum from kindergarten through the high school studies. Magnet programs focus on the arts, law, business, medicine, linguistics, leadership and offers iSTEAM 3D curriculum at all middle schools and high school.

DeSoto magnet school FAQ available here.

###

Media Contact:

Beth Trimble

Executive Director of Communications, DeSoto ISD

972-274-8212 Ext. 205

Dana Cobb

TrizCom PR

972-955-9747

dana@trizcom.com

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Top Criminal Appeals Attorney Answers The Question Can I Appeal?

Dallas, TX, USA, 11/03/2016 /SubmitPressRelease123/

I get a lot of calls from people who understandably want to help their loved ones who have been convicted of a crime, says John Helms a top criminal appeals attorney based in Dallas, TX. For most people, criminal appeals are a complete mystery. Not surprisingly, most people have no experience with them and know very little about them. This is a basic guide for people who are interested in hiring a criminal defense lawyer to appeal a conviction or sentence.

What Is An Appeal? This may sound basic, but there are a lot of misconceptions about exactly what an appeal is. A criminal appeal is a request to a higher court to tell a trial court that it did something wrong so that either the defendant’s conviction or sentence must be corrected.

An appeal is NOT a way to ask for a second opinion.  An appeals court generally will not step in unless the trial court made a legal error or clearly got something wrong. In most situations, other than errors about the law, even if an appeals court might disagree with what happened at trial, if what happened was reasonable, an appeals court will let it stand. This is because, otherwise, tremendous numbers of cases might have to be tried over and over again, and lots of appeals would take forever to decide.  If this happened, the Justice System would grind to a halt.

Also, even if the trial judge got something wrong, an appeals court will let it stand unless it really affected the outcome of the trial. A minor mistake that did not affect the result is what is called “harmless error.” Think of it this way: In a basketball game, if a referee makes a mistake on a foul call, but the team that got the call wins by 10 points, we would not say that the game should have to be played over again.

So, an appeal is a basically a way to point out serious errors that probably affected the result at trial. There are limits to a defendant’s ability to appeal, though.

Here are the questions I ask people who tell me they want to appeal a criminal judgment:

1.  When was the person convicted, and has a notice of appeal been filed?

If the judgment of conviction was more than 30 days ago (or more than 14 days in a federal case), it may be too late, unless a notice of appeal has already been filed. I have had relatives of defendants call about an appeal from a loved one’s conviction from years in the past. Unfortunately, that is way too late for a direct appeal.

If it is too late to file a direct appeal, the rules become different, the options become very limited, and the chances of success become very low. When people call me long after the time to appeal has passed and want me to try to come up with something that might help, I usually tell them that if they are willing to pay me to spend time looking, I am willing to look, but it is not very likely that I will find something helpful at that point.

2.  Was there a guilty plea or a trial?

This is important for a few reasons. First, especially in federal criminal cases, if there is a guilty plea, the defendant has often given up his or her right to appeal as part of the plea agreement, except some very narrow issues. This is called “waiving” your right to appeal. If there has been a waiver, the defendant’s ability to appeal is very limited.

Second, if the defendant has pleaded guilty, as a practical matter, there are fewer arguments on appeal that might be successful, since the defendant has admitted guilt.

3.  If it is too late for a direct appeal (see question 1), or if there was a guilty plea (see question 2), do you know of any argument that you think could be made?

Occasionally, in this situation, the person seeking my help may know of a reason that could justify relief after a conviction. This is pretty rare, though. Most of the time, the person contacting me is, understandably, looking for someone to give them hope. Unfortunately, if it is too late for a direct appeal, or there was a guilty plea, or both, I will probably have to tell them that they can hire me, but the chances of actually finding an issue with potential are low, and I cannot represent that I will even be able to find an argument that would justify filing something with a court.

I certainly do not enjoy letting people down, but I would much rather be honest with them than get their hopes up unrealistically and take their money based on false hope.

A timely appeal from a conviction at trial is very different. In that situation, the rules and the law are not nearly as stacked against the defendant. That situation is when a good criminal appeal lawyer can really make a difference.

If you, a family member or someone you know has been convicted of a crime and need help with an appeal in the Dallas area, contact criminal appeal attorney John Helms at (214) 666-8010 or fill out the online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and freedom.

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John Helms
214-666-8010

source: http://johnhelms.attorney/top-criminal-appeals-attorney-answers-question-can-appeal/

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ReleaseID: 21334

Intersections Can Be Deadly For Pedestrians Says Rand Spear Car Accident Lawyer

Philadelphia, PA, USA, 11/03/2016 /SubmitPressRelease123/

Philadelphia is the country’s fifth largest metropolitan area so it should be no surprise that due to the level of traffic and number of pedestrians there are many dangerous intersections. They are dangerous for many reasons including the drivers, how traffic is controlled and how pedestrians are not a priority when it comes to getting around. Philadelphia car accident lawyer Rand Spear helps those injured in vehicle and pedestrian accidents obtain proper medical care and compensation for their injuries.

PlanPhilly released a list of the most dangerous Philadelphia intersections for pedestrians based on information from 2008 to 2013. Their list of the most dangerous intersections is:

<!– [if !supportLists]·       [endif]–>Broad and Olney

<!– [if !supportLists]·       [endif]–>5th and Olney

<!– [if !supportLists]·       [endif]–>Cottman and Bustleton

<!– [if !supportLists]·       [endif]–>11th and Market

<!– [if !supportLists]·       [endif]–>Broad and Race

<!– [if !supportLists]·       [endif]–>Broad and Girard

<!– [if !supportLists]·       [endif]–>16th and JFK

<!– [if !supportLists]·       [endif]–>40th and Market

<!– [if !supportLists]·       [endif]–>Broad and Snyder

<!– [if !supportLists]·       [endif]–>Frankford and Cottman

The number of pedestrians hit by vehicles in Philadelphia has held steady at more than 1,700 per year. There were 37 pedestrian deaths in 2013 (the highest during the period) and 195 fatalities since 2008.

<!– [if !supportLists]·       [endif]–>Most vehicle crashes happen at intersections not in the center of a block because that’s the where most vehicles mix with pedestrians. Many of the intersections listed have a subway station, which increases the amount of foot traffic around those intersections.

<!– [if !supportLists]·       [endif]–>PlanPhilly states that the places with the most pedestrian crashes are where there’s the greatest need for interventions to control traffic. Broad Street has wide lanes, many areas where vehicles and pedestrians conflict and pedestrians are not a traffic signal priority.

From 2003 through 2012, according to Dangerous by Design, a report by Smart Growth America and the National Complete Streets Coalition:

<!– [if !supportLists]·       [endif]–>An estimated 47,025 were killed while walking on U.S. streets.

Which is sixteen times the number of Americans killed in in natural disasters (such as earthquakes, floods, hurricanes and tornadoes) from 2004 to 2014, and An estimated 676,000 pedestrians were injured (someone on foot was hit by a vehicle) about every eight minutes.

The study authors came up with a way to measure how likely it is for a pedestrian to be killed by a vehicle, the Pedestrian Danger Index (PDI). It’s based on the percentage of the local commuters who walk to work and the best available data on pedestrian fatalities, offers accident attorney Spear.

<!– [if !supportLists]·       [endif]–>From 2003-2012 the national PDI was 52.2. The average yearly pedestrian fatality rate was 1.56 per 100,000 people.

<!– [if !supportLists]·       [endif]–>The Philadelphia, Camden and Wilmington area got a PDI of 44.27, lower than the national average and ranking it 34 of the top 51 urban centers.

<!– [if !supportLists]·       [endif]–>The most dangerous place for pedestrians was Orlando/Kissimmee, Florida (PDI of 244.28), and The safest was Boston/Cambridge/Quincy, Massachusetts (PDI 18.65).

Those pedestrians most at risk for injuries due to vehicle accidents are, according to the federal Centers for Disease Control and Prevention:

<!– [if !supportLists]·       [endif]–>Older adults: Those 65 and older were 19% of all pedestrian deaths and an estimated 10% of all pedestrians injured in 2013.

<!– [if !supportLists]·       [endif]–>Children: In 2013 20% of those killed were children under the age of 14.

<!– [if !supportLists]·       [endif]–>Alcohol impaired drivers and pedestrians: 49% of the traffic crashes that resulted in pedestrian death were alcohol related, 34% of fatal crashes involved a pedestrian who had a blood alcohol concentration high enough to be considered driving under the influence and 15% involved a driver with an alcohol level that high or higher.

Whether you’ve been injured in a vehicle accident at an intersection while in a vehicle or as a pedestrian in Pennsylvania or New Jersey, contact Philadelphia car accident lawyer Rand Spear at 888-373-4LAW today so you can set up a free consultation to discuss the accident, how the law may apply in your situation and what you should do next to protect your rights to compensation for your injuries.

Press Contact
Rand Spear
888-373-4LAW

source: http://randspear.com/2016/11/02/intersections-can-deadly-pedestrians-says-rand-spear-car-accident-lawyer/

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ReleaseID: 21331

3 Things to Consider When Changing HVAC Equipment

Riverdale, NJ, 11/03/2016 /SubmitPressRelease123/

For building owners, managers, operators, and maintenance personnel to make proper decisions about the equipment they use for air filtration, they need reliable and accurate information about their options. When considering a change of any kind, proper research is an absolute must. The decision to enhance or upgrade air filtration in a specific building should be based on the building, its occupants, its architectural design and engineering, and of course, feasibility and cost. Effective air filtration will improve overall indoor air quality (IAQ), promoting a healthier and more productive environment for everyone that works in the building.

General Cost Issues

Cost is always a major consideration when selecting new commercial air filters. The initial purchase price of filters can vary widely, but it’s also important to look at all of the factors that will be involved in the total life cycle of the products you are considering. The total cost of ownership for any air filter will be affected by several things:

Initial cost of the product, including shipping and storage costs
Operating cost – the energy consumed as a result of using the filters
Replacement cost – time and labor required to replace filters at end of life
Disposal costs – may include storage and labor for special disposal procedures

Once everything has been considered, you will most likely find the most cost effective solution is not always the one that comes with the lowest initial price tag.

Operating Conditions

Building pressure is also a big factor when deciding to change things within the HVAC system. If there is significant leakage of air through imperfections in the building, it could mean that filtration efforts will need to be stepped up in order to help offset any unfiltered air that enters through such openings. Another alternative would be to attempt to maintain a positive pressure within the building so that filtered air leaks out through any uncontrolled openings rather than unfiltered air entering.

In addition to the building itself, the state of the HVAC system will have an effect on how well any filter performs. If there is leakage in ducts or filter bypass (when air passes around a filter rather than through it) occurs, the level of filtration will not be optimal. It’s important to make sure that the HVAC system has undergone proper maintenance and that any chosen filters fit properly when installed in the system.

Filtration Requirements

Of course, filter selection will have to be based on the filtration requirements of the building where they will be used. A standard office building will have vastly different needs compared to a building that operates industrial equipment within its walls, or a medical facility where pure air is of the utmost importance.

All commercial air filters have a minimum efficiency reporting value, more commonly referred to as a filter’s MERV rating. The MERV rating basically tells you what size particles (measured in microns) a filter is capable of capturing, and what percentage of them it will remove from the air that passes through it. MERV ratings can range from 1, the lowest efficiency, to 16, which will provide the purest air. A simplified explanation of the various MERV levels is below.

MERV Efficiencies – 1 micron = 1 millionth of a meter

1 to 4—  Less than 20% of large particles (3 to 10 microns) are captured
5 to 7—Between 20% and 69% of large particles are captured
8 to 10—Approximately 85% of large particles and 50% of small particles (1.0 to 3.0 microns) are captured
11 to 16—More than 90% of large particles and between 70% and 90% of small particles are captured

Camfil Provides Value and Efficiency

Only after all of the above factors have been considered can one make an informed choice based on real needs and true costs.

Camfil air products can be used to filter and clean the air in any indoor environment. Our products represent the very best in air filtration technology and innovation. From replacement filters capable of removing sub-micron sized particles and gases, to complete air circulation and filtration systems, every product is backed with more than 50 years of experience. With the highest filtration efficiency and lowest total cost of ownership in the industry, Camfil products can’t be beat.

Lynne Laake

Camfil USA Air Filters

T: 888.599.6620,

E:Lynne.Laake@camfil.com

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source: http://cleanair.camfil.us/2016/11/01/3-things-to-consider-when-changing-hvac-equipment/

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ReleaseID: 21328