Sunday, July 31, 2011

Attorney Prepared California Living Trust for $399

Mark W. Bidwell, attorney at law and CPA inactive, has created a website, http://www.CA-Trust.com to provide a California trust for $399.

(PRWEB) July 05, 2011

New website for affordable trust. Anyone without a trust and owning real estate property in California is at risk of probate. Probate court is time consuming, costly and open to the public. To avoid probate Californians have been forced to choose between low-cost, error-prone, form trusts, or expensive, attorney-prepared trusts.

Now there is a new alternative combining the low cost of a form trust with the legal analysis, review and accuracy of an attorney prepared trust. Mark W. Bidwell, attorney at law and CPA inactive, has created a website, http://www.CA-Trust.com to provide trusts for $399. Service is provided to Californians and is not available outside of California.

Costs are kept low by using telephone interviews instead of office visits, limiting documents to only trusts and Wills and providing the service to clients who meet the following criteria.

  • ���� real estate property owners
  • ���� persons with assets more than $100,000 but less than $1 million
  • ���� married persons with no children from a prior marriage
  • ���� those who are under 65 years of age

The solution is a combination of traditional attorney-client phone interviews and the internet to produce a well crafted trust document.

The process


1. First step, call 949-474-0961 for a confidential, no charge consultation with an attorney to determine if this methodology is appropriate. (The caller will be first asked to provide an email address to confirm no attorney-client relationship has been established due to the phone call.)


The ideal client:

  • ����Is a real estate property owner
  • ����Has total assets more than $100,000 but less than $1 million
  • ����If married, has no children from a prior marriage
  • ����Is under 65 years of age

2. If client wishes to proceed, the next step is for client to make a payment of $399. Client and attorney enter into attorney-client agreement defining terms and conditions of legal services to be provided. Scope of services will be the preparation of a living trust and Will. If needed the services of trust transfer deed and preliminary change of ownership for an additional charge of $149 are added to the scope of services. No other legal services will be provided.

3. Client and attorney conduct a telephone interview. Minimum information needed is:

  • ���� the full names of client
  • ���� names, date of birth and age of each child
  • ���� name of first choice to administer estate post death, if available, name of alternative choice to administer estate
  • ���� name of at least one individual to inherit. If more than one individual will inherit, how the estate is to be divided.
  • ���� the address of each real estate property owned

4. The Trust and Will are prepared and mailed or emailed to client for review. If all is in order, the client executes the trust. The trust signatures must be notarized. The Will signatures must be witnessed.

5. Title of real estate property, bank accounts and brokerage accounts must be changed into the trust to avoid probate. Change in title does not mean change in ownership or control. A trust transfer deed for real estate property must be prepared and recorded with the County Recorder. This site can provide trust transfer deeds. Banks and financial institutions must be contacted by the client to update their records.

Persons owning real estate in California need a trust to avoid costly and lengthy legal action in probate court. A trust need not be expensive or complicated. An affordable, basic trust is a wise investment.

To learn about the Seven Sins in Trust drafting click here.

###

Mark W. Bidwell
Mark W. Bidwell, A Law Corporation
(949) 474-0961
Email Information

Source: http://news.yahoo.com/attorney-prepared-california-living-trust-399-100230116.html

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Friday, July 29, 2011

Casey Anthony's Attorney: I Saved a Life Today

Casey Anthony's Attorney: I Saved a Life Today

Anthony with Baez in November

Red Huber/Orlando Sentinel/MCT/Getty

Just minutes after his client was found not guilty of murder and spared the death penalty, a subdued Jose Baez declared "there are no winners" in the Casey Anthony case.

"I really do have mixed feelings over the whole situation," said Baez on Tuesday following the stunning end to the highly-publicized trial over the 2008 death of Casey's 2-year-old daughter Caylee.

Casey was acquitted by the Florida jury of murder and child abuse charges and convicted only of lying to police. She could be released from jail as early as Thursday depending on what sentence she is given in the lesser conviction.

"Caylee has passed on far, far too son," said Baez, "and what my driving force has been for the last three years has been always to make sure there is justice for Caylee and Casey because Casey did not murder Caylee. It is that simple. And today, our system of justice has not dishonored her memory by a false conviction."

Baez also said the verdict should come as a wake-up call for supporters of the death penalty, which Casey had faced if she had been convicted of first-degree murder.

"The best feeling that I have today (is) I know when I go home my daughter will ask me what did you do today? And I can say I saved a life," he said.

As for the future of his client, Baez said, "I'm ecstatic for her, and I want her to be able to grieve and grow and somehow get her life back together."

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Source: http://www.people.com/people/article/0,,20507871,00.html?xid=rss-topheadlines

M Daniels Law

Thursday, July 28, 2011

Defense attorney: 'no winners' in Anthony verdict - Worcester Telegram & Gazette

ORLANDO, Fla.��� The lead defense attorney for Casey Anthony says he is happy that his client was found not guilty of killing her toddler daughter, but that there are no winners in this case.

Attorney Jose Baez said Tuesday that 2-year-old Caylee Anthony died far too soon and that he has mixed feelings about the case. He says he is ecstatic for Casey Anthony and wants her to be able to grieve and grow, and somehow get her life back together.

The jury did convict Casey Anthony on four counts of lying to law enforcement.

Baez also acknowledged prosecutors, calling called them a fine group of attorneys.


Source: http://www.telegram.com/article/20110705/APA/307059857

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Wednesday, July 27, 2011

Attorney general wants to triple Blackwell's penalty

Last Updated: July 02. 2011 5:32PM

Doug Guthrie/ The Detroit News

Detroit? Michigan's attorney general has asked a Wayne County judge to triple a jury's verdict in a civil lawsuit and force Highland Park's former emergency financial manager to pay more than $841,000 for taking $264,000 from the cash-strapped city.

Arthur Blackwell II in January saw criminal embezzlement and misconduct charges dismissed, but earlier this month on nearly identical arguments in a civil lawsuit filed by the attorney general, was found to have wrongfully tapped city accounts to pay himself what he claimed were back wages he was owed.

Attorney General Bill Schuette now wants Wayne County Circuit Judge Robert Colombo Jr. to apply state law that allows the tripling of the jury's verdict, plus interest and other court costs, according to court documents. A hearing on the proposal is set for July 8.

Blackwell had taken the job in 2005 on an agreement with then-Gov. Jennifer Granholm that he would manage for $1 per year the city his father once served as mayor.

He testified at the trial that after the first year, he got a verbal agreement from Granholm to change the contract. Before he was fired in 2009, the state had started paying him more than $130,000 a year. Jurors determined Blackwell improperly diverted hundreds of thousands from the city's coffers to compensate for the time in 2006 and 2007 he claimed he should have been paid $11,000 per month.

Wayne County Prosecutor Kym Worthy brought criminal embezzlement and misconduct charges against Blackwell in 2009 but they were dismissed in January by a judge who ruled Blackwell had authority from the state and city to pay himself.

Worthy has asked the Michigan Court of Appeals to overturn Wayne County Circuit Judge Cynthia Gray Hathaway's action. A decision on whether the court will hear the prosecutor's argument and reinstate the criminal charges is pending.

Assistant Attorney General Michael Murphy had told jurors at the lawsuit trial that during the same period Blackwell told state authorities he couldn't afford to continue the $1 per year deal, he had received "millions" for his stock in Greektown Casino and paid about $1 million for a restaurant in Southfield. Blackwell also testified about winning and losing large sums gambling.

Blackwell's lawyer Ben Gonek told jurors during the lawsuit trial that his client was betrayed by Granholm, who wasn't called as a witness at the trial. Gonek described Blackwell as the "political road kill" left behind at the close of Granholm's administration.

Gonek said this week he will oppose the attorney general's efforts to triple damages, and also will ask the judge to punish the state for even asking.

Gonek also said an appeal of the verdict will be filed with the Michigan Court of Appeals soon, based on his contention that the city should have sued, not the state attorney general.

Blackwell remains the appointed chairman of Highland Park's Police and Fire Commission.

dguthrie@detnews.com

(313) 222-2548

Subscribe to Detroit News home delivery and receive a SPECIAL INTRODUCTORY OFFER.

Source: http://detnews.com/article/20110702/METRO/107020365/1409/rss36

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Monday, July 25, 2011

Attorney William C. Saturley Joins Preti Flaherty?s Concord, NH Office

Preti Flaherty announced today that attorney William C. Saturley has joined the firm as a Director and will practice with the Litigation Group from the Concord, NH office.

Concord, NH (PRWEB) July 03, 2011

Preti Flaherty announced today that attorney William C. Saturley has joined the firm as a Director and will practice with the Litigation Group from the Concord, NH office.

Saturley was previously the Managing Partner of a New England litigation firm and brings a wealth of experience in commercial, employment and intellectual property litigation to Preti Flaherty. He also handles legal malpractice and professional discipline matters. Saturley has represented clients throughout New England since 1980 and is admitted to practice in New Hampshire and Massachusetts.

He frequently authors publications and lectures on legal topics ranging from professional disputes and ethics to risk management. Saturley is listed in Best Lawyers in America and Chambers USA for his work in business litigation.

According to Jonathan S. Piper, Managing Partner of Preti Flaherty, ?We are thrilled to be joined by one of New England?s finest litigators. Bill?s expertise in commercial litigation will only continue to strengthen our Litigation Practice in New Hampshire and Massachusetts.?

Before joining Preti Flaherty, Saturley practiced with Devine Millimet, Satco, Inc. and Nelson, Kinder, Mosseau & Saturley.

He is a graduate of Dartmouth College and Harvard Law School. He is a native of Epsom, New Hampshire and resides in Concord, New Hampshire.

About Preti Flaherty

Preti Flaherty has offices in Portland and Augusta, ME, Concord, NH, Boston, MA, Bedminster, NJ, and Washington, DC. With more than 90 attorneys, the firm counsels clients in the areas of business law, climate strategy, energy, environmental, estate planning, health care, intellectual property, labor and employment, legislative and regulatory, litigation, technology and telecommunications. More information about the firm is available at http://www.preti.com.

# # #

Marnie Grumbach
Preti Flaherty
207.791.3000
Email Information

Source: http://news.yahoo.com/attorney-william-c-saturley-joins-preti-flaherty-concord-070950389.html

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Sunday, July 24, 2011

Attorney completes submission in Munster Road trial - Go Jamaica

Valerie Neita Robertson, the attorney for former police sergeant Russell Robinson this morning completed her submission at his trial in the Gun Court.

The ex-cop Russell Robinson is the alleged mastermind behind the theft of several guns and ammunition from the Police Armoury.

Supreme Court Judge Horace Marsh is to begin his summation on July 18.

The policeman has been on trial in the Gun Court since last year.

The Crown has alleged that Robinson was held in February last year on Munster Road in Kingston 2, with 18 firearms and thousands of rounds of ammunition belonging to the police armoury.

He is facing charges of illegal possession of firearm and ammunition.

Robinson was employed to the police armoury at the time of the alleged offence.

In his defence, the policeman reportedly told the court that he was set up by senior police officers.

Source: http://go-jamaica.com/news/read_article.php?id=29891

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Saturday, July 23, 2011

Attorney Devin Garramone censured for sexual text message - Observer-Dispatch

Local attorney Devin Garramone has been censured by a state appellate court for using his cell phone to send a sexually explicit text message to another person?s cell phone while knowing that it was accessible to an underage girl in 2009.

Considering this misconduct to be an ?aberration? in Garramone?s otherwise unblemished career, the state Appellate Division of the Fourth Judicial Department ruled June 24 that Garramone should face no more punishment than a severe reprimand.

This means that Garramone ? also a local musician ? can continue to practice law, which he was first admitted to in 1998.

In their decision, the appellate division stated its belief that Garramone?s judgment was clouded by alcohol at the time he sent the inappropriate text message in April 2009. In 2010, Garramone pleaded guilty to misdemeanor obscenity in Oneida County Court for possessing inappropriate pictures on his phone.

?We have further considered (Garramone?s) record of public service and the numerous letters of support submitted by individuals attesting to his good character and standing in the community,? the appellate division wrote.

Garramone is the son of former Utica City Court Judge Anthony Garramone and the brother of a prosecutor with the Oneida County District Attorney?s Office. Another brother, Christian Garramone, pleaded guilty last year to having ?sexual contact? with the same underage girl, and he received three years of probation.

Devin Garramone was sentenced last year to one year of conditional discharge for his plea.

In response to a petition filed by the state Grievance Committee of the Fifth Judicial District against Devin Garramone, the appellate division found that he violated the following Rules of Professional Conduct: engaging in illegal conduct that adversely reflects on his honesty, trustworthiness or fitness as a lawyer; and engaging in conduct that adversely reflects on his fitness as a lawyer.

The most serious punishments an attorney could face for violating such ethics include temporary suspension of their law license or permanent disbarment from practicing law.

As part of the censure, Devin Garramone has agreed to participate in, and be monitored by, a program sponsored by the state Barr Association Lawyer Assistance Program for two years, the court wrote.

But if Devin Garramone fails to comply with that program or commits additional misconduct, then the Grievance Committee can ask the appellate division to impose an appropriate discipline.

Source: http://www.uticaod.com/latestnews/x1722641648/Attorney-Devin-Garramone-censured-for-sexual-text-message

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Thursday, July 21, 2011

Attorney William C. Saturley Joins Preti Flaherty?s Concord, NH Office

Preti Flaherty announced today that attorney William C. Saturley has joined the firm as a Director and will practice with the Litigation Group from the Concord, NH office.

Concord, NH (PRWEB) July 03, 2011

Preti Flaherty announced today that attorney William C. Saturley has joined the firm as a Director and will practice with the Litigation Group from the Concord, NH office.

Saturley was previously the Managing Partner of a New England litigation firm and brings a wealth of experience in commercial, employment and intellectual property litigation to Preti Flaherty. He also handles legal malpractice and professional discipline matters. Saturley has represented clients throughout New England since 1980 and is admitted to practice in New Hampshire and Massachusetts.

He frequently authors publications and lectures on legal topics ranging from professional disputes and ethics to risk management. Saturley is listed in Best Lawyers in America and Chambers USA for his work in business litigation.

According to Jonathan S. Piper, Managing Partner of Preti Flaherty, ?We are thrilled to be joined by one of New England?s finest litigators. Bill?s expertise in commercial litigation will only continue to strengthen our Litigation Practice in New Hampshire and Massachusetts.?

Before joining Preti Flaherty, Saturley practiced with Devine Millimet, Satco, Inc. and Nelson, Kinder, Mosseau & Saturley.

He is a graduate of Dartmouth College and Harvard Law School. He is a native of Epsom, New Hampshire and resides in Concord, New Hampshire.

About Preti Flaherty

Preti Flaherty has offices in Portland and Augusta, ME, Concord, NH, Boston, MA, Bedminster, NJ, and Washington, DC. With more than 90 attorneys, the firm counsels clients in the areas of business law, climate strategy, energy, environmental, estate planning, health care, intellectual property, labor and employment, legislative and regulatory, litigation, technology and telecommunications. More information about the firm is available at http://www.preti.com.

# # #

Marnie Grumbach
Preti Flaherty
207.791.3000
Email Information

Source: http://news.yahoo.com/attorney-william-c-saturley-joins-preti-flaherty-concord-070950389.html

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Wednesday, July 20, 2011

Defense attorney: 'no winners' in Anthony verdict

ORLANDO, Fla. (AP) ? The lead defense attorney for Casey Anthony says he is happy that his client was found not guilty of killing her toddler daughter, but that there are no winners in this case.

Attorney Jose Baez said Tuesday that 2-year-old Caylee Anthony died far too soon and that he has mixed feelings about the case. He says he is ecstatic for Casey Anthony and wants her to be able to grieve and grow, and somehow get her life back together.

The jury did convict Casey Anthony on four counts of lying to law enforcement.

Baez also acknowledged prosecutors, calling them a fine group of attorneys.

Source: http://news.yahoo.com/defense-attorney-no-winners-anthony-verdict-190546244.html

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Tuesday, July 19, 2011

Source: Manhattan District Attorney Set to Drop Charges Against Strauss-Kahn - FOX News

Prosecutors will agree to drop the charges against former International Monetary Fund chief Dominique Strauss-Kahn -- either on his next court date in two weeks or even sooner, the New York Post reported Tuesday citing a top investigator in the sexual assault case who called the eventual dismissal "a certainty."

"We all know this case is not sustainable," the source told The Post.

"Her credibility is so bad now, we know we cannot sustain a case with her," the source said, referring to the Guinean hotel maid who accused Strauss-Kahn of trying to rape her in his plush Manhattan hotel suite -- shocking charges that got the international banker bounced as head of the IMF and also derailed, at least for now, his bid to become president of France.

"She is not to be believed in anything that comes out of her mouth -- which is a shame, because now we may never know what happened in that hotel room," said the source, who is at the center of the investigation and would speak only on the condition of anonymity. "Did [Strauss-Kahn] use force? Was there actually a crime? I don't think we'll ever know."

To read more about the Strauss-Kahn case, see The New York Post article here.

Source: http://www.foxnews.com/us/2011/07/05/source-manhattan-district-attorney-set-to-drop-charges-against-strauss-kahn/

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Sunday, July 17, 2011

Officer Who Shot Son Cleared of Wrongdoing - NBC Philadelphia

NBCPhiladelphia.com - Claudia Rivero

A family tragedy unfolded Wednesday after a Hatfield Township Police Lieutenant shot and killed his son after the teen attacked him with a hunting knife.

A Montgomery County police lieutenant who shot and killed his 17-year-old son has been cleared of any criminal wrongdoing by a district attorney.

The prosecutor ruled that the off-duty Hatfield Township police officer, Eric Schmitz, was justified in the using deadly force on June 8 inside his Towamencin home.� District Attorney Risa Vetri Ferman said the son, Stephen Schmitz, tried to kill his father with a 10 - inch hunting knife.

Stephen Schmitz had just returned home from a mental health clinic where he was receiving treatment, after a suicide attempt in late May.� Investigators said Stephen Schmitz had a history of violent behavior and had been clinically diagnosed with depression and anxiety disorder.

The District Attorney's office detailed the events of the day that led to the attack.� Schmitz told investigators that while he was doing laundry in the basement, his son approached him with the hunting knife.� Authorities said the son was demanding the return of a Blackberry phone, and advancing towards his father in a menacing manner.� According to the lieutenant's story, which the DA says physical evidence supports, the son swung at his father, which caused the older man to slip and fall to the floor.� When Stephen stood over his father and prepared to stab him, the police officer said he drew his .45 caliber Glock and shot him twice in the chest.

The lieutenant told investigators that because of his son's anger issues, he had removed his rifles from the house and slept with his metal police flashlight next to his bed stand.

Posted Saturday, Jul 9, 2011 - 3:21 PM EDT

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNHPoUIbZqBgsuegpjDaUXgF_uIksw&url=http://www.nbcphiladelphia.com/news/local/PHI-Hatfield-Township-Officer-Who-Shot-Son-Cleared-of-Wrongdoing-125268549.html

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Saturday, July 16, 2011

Attorney General's Office enters search warrants debate

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Source: http://www.burlingtonfreepress.com/article/20110702/NEWS02/107020316/1007/news02/Attorney-General-s-Office-enters-search-warrants-debate

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Friday, July 15, 2011

NY Attorney General subpoenas BofA CEO, others-WSJ - Reuters


July 1 | Fri Jul 1, 2011 7:10pm EDT

July 1 (Reuters) - New York state Attorney General Eric Schneiderman has issued subpoenas seeking new depositions from Bank of America's (BAC.N) chief executive and other current and former executives, the Wall Street Journal reported, citing people familiar with the situation.

The subpoenas relate to a civil-fraud investigation brought against the bank and its executives by the state's former attorney general Andrew Cuomo, the paper said.

Cuomo, now the governor of New York, accused the bank, its former CEO Kenneth Lewis and other executives of intentionally failing to disclose massive losses at Merrill ahead of a Dec. 5, 2008, shareholder vote on the merger.

Cuomo also alleged that the defendants later misled the federal government in arguing that a "surprise" increase in Merrill's losses allowed the bank to back out of the merger unless it received massive taxpayer help. [ID:nN29294020]

It was not clear what Schneiderman wants to know from current CEO Brian Moynihan, who took over when Lewis retired at the end of 2009, the business daily reported.

The New York state attorney general's office declined to comment.

Bank of America could not immediately be reached for comment. (Reporting by Jochelle Mendonca in Bangalore; Editing by Gary Hill)

Source: http://www.reuters.com/article/2011/07/01/bankofamerica-idUSL3E7I12WC20110701?feedType=RSS

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Wednesday, July 13, 2011

Attorneys seek fee injunction against Righthaven - VEGAS INC

Attorneys fighting Las Vegas copyright lawsuit company Righthaven LLC are asking a judge to freeze $3,815 in Righthaven assets so they can get paid.

Randazza Legal Group of Las Vegas, which represented former Righthaven defendant Michael Leon for a short time, filed a motion Saturday for a preliminary injunction barring Righthaven from disgorging $3,815 of liquid assets until it pays Randazza Legal Group?s fees.

U.S. District Judge Gloria Navarro this week ordered Righthaven to pay those fees, but Saturday?s motion alleges it?s likely Righthaven will take steps to avoid paying the award.

Randazza attorney J. Malcolm DeVoy IV said in a court declaration to Navarro that after Navarro awarded the fees to his firm, he talked with a Righthaven attorney.

Based on that conversation, "I do not believe Righthaven intends to pay fees to Randazza Legal Group in this matter, nor any defendant."

"I further believe, based on past experience and my latest interactions with Righthaven?s counsel, that it is Righthaven?s goal to not honor this court?s order or judgment, and it will liquidate, disgorge or otherwise conceal its assets in order to do so ? an outcome facilitated by its business model as a limited liability company owned by two other limited liability companies," DeVoy said in the declaration.

Righthaven, which has filed 274 copyright infringement lawsuits over Las Vegas Review-Journal and Denver Post material since March 2010, is half owned by a limited liability company controlled by Las Vegas attorney and Righthaven CEO Steven Gibson.

The other half is owned by a limited liability company owned by members of the family of Little Rock, Ark., investment banking billionaire Warren Stephens.

The Stephens family also owns Stephens Media LLC, owner of the Review-Journal.

Righthaven?s copyright infringement litigation campaign has stumbled in recent months after the firm suffered three fair use losses and two judges in Nevada found it doesn?t have standing to sue. Three more judges in Nevada and Colorado are also threatening to dismiss Righthaven lawsuits for lack of standing.

In Saturday?s court filing, DeVoy noted his firm is also seeking $34,000 in fees for successfully representing defendant Wayne Hoehn in a Righthaven case, while attorneys for prevailing defendant Thomas DiBiase are seeking another $119,000 in fees from Righthaven.

Additional, larger fee awards are possible against Righthaven, particularly in its heavily-litigated suit against the Democratic Underground.

That?s the case where U.S. District Court Judge Roger Hunt dismissed Righthaven for lack of standing and is threatening to sanction Righthaven for misrepresentations.

While Righthaven says its lawsuits are needed to deter rampant online infringement of newspaper content, critics say it?s simply running a litigation shakedown operation.

Critics say defendants including nonprofits, people with disabilities and veterans are hit with no-warning lawsuits demanding $150,000 in damages and forfeiture of their website domain names ? only to see Righthaven agree to settle for as little as $1,000 with payments of $100 per month.

"In light of Righthaven?s conduct in litigation within this district and across the nation, this remedy is appropriate to ensure that Righthaven?s victims are not once again harmed through voluntary insolvency or other financial sleight of hand. Righthaven has engaged in extreme conduct, and fee awards imposed upon it must be paid. Otherwise, Righthaven will evade liability for its actions,'' DeVoy wrote in Saturday?s filing seeking an injunction against Righthaven.

"As journalists have discovered that Righthaven is supported in part by a $500,000 investment from Stephens Media LLC, its ability to set aside $3,815 should not pose a hardship to Righthaven," DeVoy wrote in his filing.

Righthaven has not yet responded to Saturday?s motion for an injunction.

The filing came one day after the Righthaven/Denver Post lawsuit contract was made public, a document suggesting Righthaven doesn?t have standing to sue over Denver Post material under copyright case law.

For instance, Righthaven doesn?t appear to have the exclusive rights needed to be a copyright plaintiff under this contract.

It says: "Despite any copyright assignment, publisher shall retain an exclusive license to exploit the publisher-assigned copyrights for any lawful purpose whatsoever and Righthaven shall have no right or license to exploit or participate in the receipt of royalties from the exploitation of the publisher-assigned copyrights other than the rights to proceed in association with a (lawsuit) recovery."

This is the type of language that caused the two Nevada federal judges to reject Righthaven?s standing to sue over Review-Journal material, as copyright plaintiffs have to have exclusive control of copyrights they sue over.

Also, the Denver Post contract with its parent, MediaNews Group Inc., confirms that several other MediaNews newspapers are included in the contract for Righthaven?s no-warning lawsuits ? but so for no lawsuits have been filed over content from those newspapers.

Those papers are the San Jose Mercury News, the Contra Costa Times in Northern California, the Pioneer Press in St. Paul, Minn.; the El Paso Times, the Los Angeles Daily News, the Salt Lake Tribune, the Oakland Tribune, the Long Beach Press-Telegram and the Torrance Daily Breeze in Southern California.

Also Friday, Righthaven disclosed a second set of amendments to its Stephens Media lawsuit contract as it tries to salvage its right to sue over Review-Journal material.

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNGTX0JJorg-D46tU8ryHajEDKqF5A&url=http://www.vegasinc.com/news/2011/jul/09/attorneys-seek-fee-injunction-against-righthaven/

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Tuesday, July 12, 2011

Golding explains delay in attorney general appointment - Go Jamaica

Damion Mitchell and Monique Grange, Gleaner Writers

Prime Minister Bruce Golding has sought to explain the reason for the delay in the appointment of a new attorney general, begging for the understanding of his critics.

According to Mr Golding, the new attorney general has accepted the offer and will be named later this week.

But he says the new chief Government legal adviser has asked for some time to prepare to take up the appointment.

The Gleaner/Power 106 understands that attorney at law Ransford Braham is tipped to become the next attorney general.

According to Golding the criticisms about the vacancy of the post of the attorney general is unfair.

The new attorney general will replace Dorothy Lightbourne who was sacked as justice minister and attorney general in a cabinet reshuffle last week.

Golding was speaking this morning at the swearing-in for the new justice minister Delroy Chuck and Senator Arthur Williams, the new minister without portfolio in charge of the public service.

Meanwhile, the Patriots, the young professional group of the Peoples National Party has maintained that the vacancy in the post of the attorney General is a constitutional crisis.

The chairman of the Patriots, Raymond Pryce said the Government's failure to find an appropriate person to fill the post is a breach of the Constitution

Pryce says the non-appointment of an Attorney General is also an indication that the Prime Minister Bruce Golding has lost political control of his government.

He has also suggested that the Jamaica Labour Party (JLP) call an election.

radio@gleanerjm.com

Source: http://go-jamaica.com/news/read_article.php?id=29890

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Monday, July 11, 2011

District attorneys weigh indictments in APS cheating case - Atlanta Journal Constitution

The Atlanta Journal-Constitution

The Atlanta schools cheating case is now in the hands of three local district attorneys, who must decide whether the scandal is also criminal.

District attorneys in Fulton, DeKalb and Douglas counties said they are reviewing the voluminous report by state investigators and will decide whether to seek indictments.

Douglas County DA David McDade said Friday he expects it will take prosecutors a considerable amount of time to reach decisions. He noted that the GBI?s investigative file in the case amasses 120 volumes.

As prosecutors consider their options, scores of current and former APS educators and administrators, some at the highest levels of the system, are left wondering whether police officers will knock on their doors.

?I?m sure there are a lot of people who have great concern right now,? said Ron Carlson, a University of Georgia criminal law professor. ?Some of the allegations in this report are gravely serious.?

Among the potential charges: giving false statements to investigators or altering public documents, which are felonies with penalties of up to 10 years in prison. School officials who submitted test scores they knew to be false also face possible felony charges and up to five years in prison.

Anyone who destroyed documents or instructed subordinates not to cooperate could be charged with obstruction of justice, a misdemeanor.

The report says 178 educators, including 38 principals, participated in cheating on standardized tests. It also accuses top administrators of destroying or altering complaints about misconduct and trying to hinder the investigation.

When former Gov. Sonny Perdue launched the probe last August, he stressed that teachers who cheated but were honest with investigators should not be criminally prosecuted. Gov. Nathan Deal restated that directive after he took office, the report says.

The report says investigators obtained confessions from 82 educators. Some of the remaining 96 refused to answer questions, asserting their Fifth Amendment right against self-incrimination. Others lied, the report alleges

In some sections, the investigative report reads like a criminal indictment. Some administrators ?aided and abetted? cheating, it says. It also notes that educators, at the behest of investigators, wore hidden recording devices and recorded phone calls with others suspected of wrongdoing.

J. Tom Morgan, a former district attorney, said he has never seen an executive agency issue a report like the one released to the public in the APS case that names individuals and accuses them of crimes without having first been approved by a grand jury.

?It puts the DAs in an awkward position,? he said, noting the local prosecutors did not oversee the investigation and must now deal with immunity agreements granted to witnesses that they did not approve.

Morgan, who represented APS, said he was not speaking on behalf of the system.

Already, some implicated in the investigation have criticized the report?s findings. Former Superintendent Beverly Hall said through her lawyer that no evidence shows she knew widespread cheating occurred. The report says Hall knew or should have known cheating was widespread in the district.

Three teachers from Finch Elementary also denounced the report?s assertion that they changed test answers.

?We are shocked and enraged that the system and politicians are trying to make the teachers scapegoats for a systemic problem that has pervaded [APS] for years,? teachers Sharona Thomas-Wilson, Tyrone Shorter and Joya Florence said in a statement. ?We cannot sit back and be slandered in reports when we did nothing wrong. We will fight to clear our names.?

Atlanta defense attorney Bruce Harvey, who represents six APS educators, criticized investigators for disclosing the names of those who exercised their Fifth Amendment rights. ?That?s the touchstone of a witch hunt, not an investigation,? Harvey said.

Former Venetian Hills Elementary principal Clarietta Davis was one of six principals who declined to answer questions. The report said Davis cheated and directed others to cheat on tests from 2004 to 2009.

The report lists 20 questions Davis refused to answer, such as whether she pressured teachers to cheat and whether she received bonus money from APS based on test scores she knew were false. Davis ?categorically denies? wrongdoing, Harvey, her attorney, said.

The report notes that an educator?s refusal to answer questions is an implied admission in a civil proceeding, such as when the state Professional Standards Commission decides whether to suspend or revoke an educator?s license. It cannot, however, be used to imply guilt in a criminal case.

Of the three DAs, Fulton District Attorney Paul Howard has, by far, the most to consider. The investigative report ? compiled by former state Attorney General Mike Bowers, former DeKalb DA Bob Wilson and investigator Richard Hyde ? alleges cheating in 40 schools in Fulton and misconduct at APS headquarters.

In November, Howard designated Bowers and Wilson as special assistant DAs. On Tuesday, hours after they stood next to Deal at the governor?s news conference on the report, Bowers and Wilson briefed Howard on their findings.

Howard said a member of his senior staff is now reviewing the case, and once that is completed, ?we will make an announcement at that time.?

McDade, the Douglas County DA, said he has reviewed the report, which alleges four teachers at Gideons Elementary took students? answer sheets to a teacher?s Douglasville home. Over a weekend, the teachers allegedly held a ?changing party? to correct wrong answers.

The special investigators granted immunity to the Gideons teachers in exchange for their testimony, so they cannot be prosecuted, McDade said Friday. ?So our focus is on the administrators or supervisors of those teachers.?

Cheating also occurred in at least four APS schools ? East Lake Elementary, Whitefoord Elementary, Coan Middle and Toomer Elementary ? in DeKalb, the report said.

In 2009, the DeKalb DA?s office obtained a conviction against former principal James Berry of DeKalb?s Atherton Elementary School for falsifying a state document in a test-cheating case. He received two years on probation and was ordered to pay a $1,000 fine.

Prosecutors decided not to indict assistant principal Doretha Alexander, who was also implicated, after she agreed to serve 40 hours of community service at a food bank. They no longer work for the school system.

Atlanta lawyer Don Samuel, who represented Alexander, said APS employees facing possible criminal charges should consider damage control if they think there is considerable evidence against them. This includes agreeing to cooperate or cutting a deal.

?Losing their license is one thing,? he said. ?Facing a criminal prosecution is quite another.?

Staff writer Alan Judd contributed to this article.

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNHSDKcub9I_4i5AjFGwmB893BtPvA&url=http://www.ajc.com/news/atlanta/district-attorneys-weigh-indictments-1006819.html?cxtype=rss_news

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Saturday, July 9, 2011

Attorney Devin Garramone censured for sexual text message - Observer-Dispatch

Local attorney Devin Garramone has been censured by a state appellate court for using his cell phone to send a sexually explicit text message to another person?s cell phone while knowing that it was accessible to an underage girl in 2009.

Considering this misconduct to be an ?aberration? in Garramone?s otherwise unblemished career, the state Appellate Division of the Fourth Judicial Department ruled June 24 that Garramone should face no more punishment than a severe reprimand.

This means that Garramone ? also a local musician ? can continue to practice law, which he was first admitted to in 1998.

In their decision, the appellate division stated its belief that Garramone?s judgment was clouded by alcohol at the time he sent the inappropriate text message in April 2009. In 2010, Garramone pleaded guilty to misdemeanor obscenity in Oneida County Court for possessing inappropriate pictures on his phone.

?We have further considered (Garramone?s) record of public service and the numerous letters of support submitted by individuals attesting to his good character and standing in the community,? the appellate division wrote.

Garramone is the son of former Utica City Court Judge Anthony Garramone and the brother of a prosecutor with the Oneida County District Attorney?s Office. Another brother, Christian Garramone, pleaded guilty last year to having ?sexual contact? with the same underage girl, and he received three years of probation.

Devin Garramone was sentenced last year to one year of conditional discharge for his plea.

In response to a petition filed by the state Grievance Committee of the Fifth Judicial District against Devin Garramone, the appellate division found that he violated the following Rules of Professional Conduct: engaging in illegal conduct that adversely reflects on his honesty, trustworthiness or fitness as a lawyer; and engaging in conduct that adversely reflects on his fitness as a lawyer.

The most serious punishments an attorney could face for violating such ethics include temporary suspension of their law license or permanent disbarment from practicing law.

As part of the censure, Devin Garramone has agreed to participate in, and be monitored by, a program sponsored by the state Barr Association Lawyer Assistance Program for two years, the court wrote.

But if Devin Garramone fails to comply with that program or commits additional misconduct, then the Grievance Committee can ask the appellate division to impose an appropriate discipline.

Source: http://www.uticaod.com/latestnews/x1722641648/Attorney-Devin-Garramone-censured-for-sexual-text-message

www.mdanielslaw.com

Friday, July 8, 2011

W. Dundee attorney might admit theft

Article updated: 7/3/2011 5:37 PM

A West Dundee attorney accused of stealing some $210,000 from his clients could admit his guilt in the case later this summer.

William Chesbrough, 57, of the 1400 block of Grand Point Boulevard, was arrested last year and faces felony theft charges that he bilked $140,000 from two elderly women and $70,000 from a host of other clients.

?In all likelihood, it?s going to be a cold plea,? defense attorney Gary Johnson told Kane County Judge Edward Schreiber last week.

In a cold plea, a defendant admits guilt and leaves sentencing up to the judge instead of agreeing on a sentence length with prosecutors before admitting wrongdoing.

Chesbrough, who was disbarred by the state last fall, is due in court again Aug. 23.

The charges carry a top prison term of 15 years, but probation also is an option.

Probation in videotaping case:

A 29-year-old man avoided prison time last month after pleading guilty to felony unauthorized videotaping at the Batavia Target store.

Nicholas M. Carreno, of the 900 block of Fallen Oak Trail, Aurora, pleaded guilty to unauthorized videotaping at the store at 115 N. Randall Road.

According to court documents, Carreno was accused of recording a woman in the changing room on July 7, 2010.

He was arrested in mid-July after the victim reported someone put a ?penlike? object under the dressing room door.

The felony charge carried a top prison term of up to three years.

Carreno received two years probation, a $2,696 fine, 70 days of GPS monitoring and he is prohibited from having contact with the victim.

He also cannot own any video equipment or enter any Kane County area Target store.

Judge James Hallock accepted the guilty plea.

Fallen judge remembered:

Kane County Judge T. Jordan Gallagher, who died from cancer complications at 63, was laid to rest last week.

Gallagher served three years as a judge and before that was DeKalb County state?s attorney from 1976 through 1984.

There wasn?t enough space to put all the remembrances from friends and colleagues into the paper last week, but here is one that I found touching.

Said Gerry Morel, lifelong friend and colleague: ?I?ve known Jordan since youth. We even shared an apartment together in law school. If you wanted a person as a great friend and a great lawyer, Jordan is the one you would choose because of his loyalty, kindness, and integrity, all of which came packaged with a great Irish sense of humor.?

hhitzeman@dailyherald.com

Source: http://www.dailyherald.com/article/20110703/news/707039860

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Thursday, July 7, 2011

NY subpoenas nine life insurance companies: source - Reuters

NEW YORK | Tue Jul 5, 2011 1:48pm EDT

NEW YORK (Reuters) - New York's top legal officer has sent subpoenas to nine leading life insurers seeking information about their practices in identifying and paying out policies for deceased customers, according to a person familiar with the matter.

New York Attorney General Eric Schneiderman last month sent subpoenas to units of AXA SA, Genworth Financial Inc, Guardian Life Insurance Co of America, Manulife Financial Corp, Massachusetts Mutual Life Insurance Co, MetLife Inc, New York Life Insurance Co, Prudential Financial Inc, and TIAA-CREF, the source said.

This person requested anonymity because the probe is not public.

The Wall Street Journal first reported the life insurance investigation.

The investigation is looking into whether insurance companies have done enough to identify beneficiaries of life insurance policies once a customer dies, the source told Reuters on Tuesday.

Schneiderman's office is also seeking information about unclaimed policy proceeds that are supposed to be turned over to the state.

A spokesman for Guardian told Reuters that it is reviewing the subpoena and intends to "cooperate fully with the Attorney general.

"We believe our processes are compliant with all relevant regulations and serve the best interests of our participants," said a spokesman for TIAA-CREF. "We're aware of this industry matter and will fully cooperate with any official requests for information."

A Genworth spokesman told the Journal that the company believes it has "compliant and robust practices to determine when claim payments are due and owing, and to adhere to state unclaimed property requirements and regulations."

AXA told the newspaper it would cooperate fully with Schneiderman as well as with other states conducting similar reviews.

None of the other companies could immediately be reached for a comment by Reuters.

Also on Tuesday, New York State Insurance Department said that all life insurers licensed to do business in the state must begin using an official government death list to identify when policyholders have died and death benefits are due to their beneficiaries.

(Additional reporting by Sakthi Prasad and Renju Jose; Editing by Tim Dobbyn)

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNEqbVMgSaqYir96HIj8rZGmy9GokQ&url=http://www.reuters.com/article/2011/07/05/us-lifeinsurancefirms-subpoena-idUSTRE7641GL20110705

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Tuesday, July 5, 2011

Attorney General weighs in on riot row - Video

Northern Ireland's Attorney General John Larkin QC has poured cold water on a demand for automatic jail sentences for rioters, amid calls for tougher treatment against troublemakers from the courts.

Speaking exclusively to UTV, Mr Larkin, who is the Executive's chief legal adviser, said mandatory sentencing was tried before and found wanting.

His comments come after a Spanish man was jailed for four years after admitting throwing a breeze block at a policewoman during four nights of sectarian rioting in Ardoyne last July.

The policewoman was seriously hurt when the missile was thrown on her head from the Ardoyne shopfront roof.

Rodger Jorro Costa, who is 29 and originally from Barcelona but with an address in Ulsterville Avenue in Belfast, had originally been charged with trying to murder the officer.

He later pleaded guilty to the lesser charges of attempted grievous bodily harm with intent and rioting arising from this incident.

On Monday Recorder of Belfast Judge Tom Burgess said he was lucky not to be facing more serious charges as he could easily have caused fatal injuries to the officer.

The sentencing has prompted calls from the Police Federation for a tougher crackdown on rioters.

The body representing rank and file PSNI officers says that anyone detected and charged with riotous behaviour should face immediate imprisonment.

However the government's chief law officer said the use of mandatory sentences during the Troubles was not "an entirely a happy one".

Where you introduce rigidity in one part of the system, it often produces bulges and undue flexibility elsewhere.

Attorney General John Larkin QC

North Antrim DUP MP Ian Paisley has written to the Attorney General to ask for Costa's sentence to be reviewed.

"I think the public want to see longer, stiffer sentences," he told UTV Live.

"The Public Prosecutor too could come out and make a public statement and explain their actions as to why an attempted murder charge was not brought in the case of Mr Costa and why more serious charges were not preferred on other of these criminals.

"We need to see tougher sentencing and we also need to see the strongest possible charges brought to ensure that there is proper deterrent out there for the public."

In a statement, a PPS spokesperson denied that Costa's charge was reduced as a result of a plea bargain.

"No bargain was entered into. Any suggestion that the PPS has gone for a lesser charge is misconceived.

"The accused was prosecuted for riot and attempting to cause grievous bodily harm with intent which carry the same potential maximum penalty of up to life imprisonment as attempted murder.

"The fact remains that this reprehensible incident was properly prosecuted and all persons brought before the courts arising out of the rioting have been convicted of serious offences."

John Larkin was speaking to UTV during the course of a wide ranging interview on criminal justice.

He also dismissed claims that prosecution barristers in Northern Ireland are engaged in plea bargaining, a process whereby defendants are given the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter sentence.

Several other men have also been sentenced over the disturbances at the Belfast interface.

��UTV News

Source: http://www.u.tv/News/Attorney-General-weighs-in-on-riot-row/d581ce27-18f1-497e-96f1-434e1dc893a0

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Monday, July 4, 2011

Attorney General files fraud charges in tree trimming scam - Tulsa World


By AP Wire Service


Pruitt says five counts of exploitation of the elderly were filed Wednesday in Oklahoma and Cleveland counties against 32-year-old Brian Howell Thornburg. Prosecutors allege that Thornburg, operating under the company name Nationwide Tree Service, targeted elderly residents in Norman, Moore and Del City. Victims report that after making an initial payment for tree services, Thornburg claimed the tree was diseased and needed to be removed for an additional payment. Victims' family members say the trees were not diseased as Thornburg claimed. In one case, Thornburg returned to an elderly woman's home numerous times for a total payment of nearly $11,000. Online court records do not indicate whether Thornburg has an attorney.

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Source: http://www.tulsaworld.com/site/articlepath.aspx?articleid=20110630_12_0_OKLAHO790110&rss_lnk=1

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Sunday, July 3, 2011

Spokane, WA Criminal Defense Attorney Dennis Cronin Named 2011 Washington State Super Lawyer

Super Lawyers magazine names Spokane, WA criminal defense attorney Dennis Cronin of The Law Office of D.C. Cronin one of the top attorneys in Washington for 2011.

Spokane, WA (PRWEB) June 28, 2011

Spokane, WA attorney Dennis Cronin of The Law Office of D.C. Cronin has been named by Washington Super Lawyers magazine as one of the top attorneys in Washington for 2011. Only five percent of the lawyers in the state are named as Super Lawyers.

D.C. Cronin was admitted to the practice of law in Washington in 1986. Dennis Charles Anthony Cronin, or "D.C." as he is commonly known, believes the practice of law is first a profession, not a business. Founding his solo practice in 2003, D.C. continues his commitment to his legal services background and specializes in the areas of criminal defense, family law, mediation, civil rights and appeals.

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

Thomson Reuters, Legal publishes Super Lawyers magazines across the country. In addition to the magazines, Thomson Reuters, Legal publishes newspaper inserts and magazine special sections devoted to Super Lawyers. In 2010, Super Lawyers reached more than 15 million readers.

Super Lawyers was first published in 1991 by Law & Politics and was acquired by Thomson Reuters, Legal in February 2010. Thomson Reuters is the world's leading source of intelligent information for businesses and professionals. Super Lawyers can be found online at superlawyers.com where lawyers can be searched by practice area and location.

For over 23 years, D.C. has worked tirelessly in the pursuit of justice for his clients. Mentored by L. Carl Maxey, from whom the D.C. moniker was received, D.C. formerly served the community as counsel for the NAACP/Spokane and for Spokane?s Martin Luther King, Jr. Center; member of the Board of Directors of the Spokane American Civil Liberties Union; Spokane Peace and Justice Action League; Washington State Bar Association Sentencing Committee; and was appointed in 2007 to the City of Spokane Human Rights Commission, serving as chairperson from 2008 to 2010. Attorney D.C. Cronin at The Law Office of D.C. Cronin practices primarily in the following areas:

  • Appeals

  • Civil Rights
  • Criminal Defense
  • Family Law

Licensed in 1986, The Law Office of D.C. Cronin has more than 25 years of experience. For more information about the firm please go to http://www.denniscronin.com or call (509) 328-5600.

###

Theresa Cronin
The Law Office of D.C. Cronin
509-328-5600
Email Information

Source: http://news.yahoo.com/spokane-wa-criminal-defense-attorney-dennis-cronin-named-180220066.html

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Friday, July 1, 2011

California Dog Attack Victims? Rights Must Be Protected, Says Attorney Kevin Danesh of Banafsheh, Danesh & Javid

Los Angeles County personal injury attorney cites report that found California is home to the most dog bite attacks in the nation, with more than $11 million in resulting insurance claims.

Beverly Hills, CA (PRWEB) July 01, 2011

Personal injury lawyer Kevin Danesh of the California personal injury law firm of Banafsheh, Danesh & Javid, P.C., says a new report that California leads the nation in dog bite claims indicates that parents should be especially alert when their children are around dogs.

State Farm Insurance said that among almost 5 million people bitten or attacked by dogs in the U.S. in 2010, Californians filed 369 dog bite claims, resulting in more than $11 million in payments. There were also seven dog bite fatalities in California last year, the insurance firm said.

State Farm also said that children make up more than 60 percent of all dog bite victims.

?Dog bites can be vicious, painful and injurious incidents that cause long-term suffering and even death,? said Danesh, an experienced Los Angeles personal injury attorney and co-founder of Banafsheh, Danesh & Javid. ?Victims of these attacks have rights that must be protected to ensure their suffering is not compounded by medical expenses and lost wages on top of physical and mental pain.?

Danesh said a dog bite victim should seek the assistance of an attorney experienced in dog bite cases to establish the dog owner?s liability. An attorney can help dog bite victims determine the dog owner?s available insurance coverage.

?A dog bite is not something that just happens; it?s a personal attack that is as unwarranted as any criminal assault visited upon a person,? Danesh said. ?If you?ve been attacked by a dog, the dog owner has responsibilities toward you. Their insurance company likely has a responsibility toward you.?

State Farm?s report called for responsible pet ownership and encouraged caution around all dogs, including family pets. Under the right circumstances, any dog may bite, the report stated.

"If you?ve been bitten by a dog, seek medical treatment if it is warranted, and report the bite to animal control officers or the police," Danesh said.

About Banafsheh, Danesh & Javid, P.C.

Banafsheh, Danesh & Javid, P.C., is a well-respected Beverly Hills, California personal injury law firm that represents accident and injury victims throughout Los Angeles County and surrounding areas, including Lancaster, Apple Valley, Bakersfield, Victorville, Oxnard, Antelope Valley, Palmdale, Hesperia, Del Monte, Porterville and Adelanto. The firm?s California personal injury attorneys handle cases involving car accidents, motorcycle accidents, truck accidents, pedestrian injuries, brain injuries, wrongful death and other personal injury claims. The firm also features staff members who speak Spanish, Italian, Farsi and Hebrew, in addition to English. To learn more about the firm, call (800) 820-1111 or use its convenient online form.

###

Kevin Danesh
Banafsheh, Danesh & Javid, P.C.
(310) 887-1818
Email Information

Source: http://news.yahoo.com/california-dog-attack-victims-rights-must-protected-says-120018944.html

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