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How to become a Paralegal – Education and Certification Helps

How to become a Paralegal – Education and Certification Helps

Paralegal document preparation services

A paralegal, sometimes called a legal assistant, is a person that helps prepare legal documents usually on behalf of a lawyer.  Sometimes a paralegal will offer services to the general public.  If the documents that need to be filed with the courts are straight forward and simple, people will often seek out paralegals as a way to save expenses on a lawyer that may not be necessary.

Paralegals are able to assist in helping to file for legal name changes, divorces and other paperwork.  Paralegals are not able to give legal counsel and are not able to represent someone in court.  They strictly help put together the legal documents; if a legal case is complicated a lawyer is still necessary.  How to become a Paralegal – Education and Certification Helps


Former Miss Texas Contestant – Amy McElhenney arrested for allegedly having sex with her 18 year old Student

Former Miss Texas Contestant – Amy McElhenney arrested for allegedly having sex with her 18 year old Student

Law

Amy McElhenney, 25, was arrested on May 25th due to allegations of having sex with an 18 year old student with whom she teaching.  McElhenney is a high school Spanish teacher in Carrollton, near Dallas.  She also participated in a 2002 Miss Texas contest.

Due to the new laws in Texas that make it a crime to have sex in student-teacher relationship even thought the student was 18 years old.  McElhenney faces up to a 20 year sentence if convicted. Former Miss Texas Contestant – Amy McElhenney arrested for allegedly having sex with her 18 year old Student


Filing Bankruptcy Chapter 13 and 7 – New Laws Change Rules – Credit Counseling Services Required – How to Choose a Non-Profit Company

Filing Bankruptcy Chapter 13 and 7 – New Laws Change Rules – Credit Counseling Services Required – How to Choose a Non-Profit Company

Business

There are two types of bankruptcy for consumers facing financial trouble, Chapter 13 and 7.  The new bankruptcy laws have made it more difficult for consumers to file 7, which allow you to start over by erasing your debts with the exception of back taxes, child support, alimony, and most student loans.

According to the Financial Planning Association (FPA), the court is allowed to sell off most of your assets except for certain exempt assets. The states determine what is exempt, but generally your home or at least some of its equity, clothing, a car, furnishings, life insurance (though not necessarily all the cash value), pension assets, and tools of your trade are exempt.  Filing Bankruptcy Chapter 13 and 7 – New Laws Change Rules – Credit Counseling Services Required – How to Choose a Non-Profit Company


Kids Dying From Off-Label Use Of Antipsychotics

Kids Dying From Off-Label Use Of Antipsychotics

Health

A recent USA Today sponsored review of the FDA database from 2000 to 2004 found at least 45 deaths in children under 18 with atypical antipsychotics listed as the "primary suspect," and 1,328 reports of other serious side effects, some life-threatening.

The FDA's adverse event reporting system is known to capture only between 1% to 10% of side effects and deaths, which means the true numbers are actually much higher.

Among the 45 deaths, discussed in the May 2, 2006, USA article, at least six were related to diabetes, and other causes ranged from heart and pulmonary problems to choking, liver failure and suicide.

An 8-year-old boy died of cardiac arrest. A 15-year-old boy died of an overdose and a 13-year-old girl experienced diabetic ketoacidosis, a deficiency of insulin. The youngest child was 4, with symptoms that indicated diabetes complications.  Kids Dying From Off-Label Use Of Antipsychotics


Ortho-McNeil Knew Ortho-Evra Patch Was Lethal

Ortho-McNeil Knew Ortho-Evra Patch Was Lethal

Patch

Documents have surfaced in litigation that show Ortho-McNeil has been analyzing the FDA's death and injury reports on women using the Ortho Evra birth-control patch, and has charts that show a higher rate of blood clots and deaths in women on the patch when compared to women who take birth-control pills.

In addition, according to a November 11, 2005, article by the Associated Press, an internal company memo shows that in 2003, the company refused to fund a study comparing the Ortho patch to the company's Ortho-Cyclen pill because there was "too high a chance that study may not produce a positive result for Evra" and a "risk that Ortho Evra may be the same or worse than Ortho-Cyclen."

A number of doctors and health-care providers no longer prescribe the patch, saying they do not want to take any chances.  In Memphis, TN, obstetrician and gynecologist, Henry Sullivant, told the Wall Street Journal, that he has stopped writing new prescriptions and suggests that his roughly 2 dozen users try other forms of birth control, such as the pill or vaginal ring.  Ortho-McNeil Knew Ortho-Evra Patch Was Lethal


Is Shelf Life Of Zicam Nasal Spray In Jeopardy?

Is Shelf Life Of Zicam Nasal Spray In Jeopardy?

Zicam

On January 20, 2006, Matrixx Initiatives, Inc, the maker of Zicam cold remedy products, agreed to settle a class action lawsuit by paying out $12 million to 340 plaintiffs, who claim Zicam nasal spray permanently damaged their sense of smell, a condition known as anosmia. In the summer or 2005, Matrixx also settled the only lawsuit that has gone to trial, with a 42-year-old computer consultant, for an undisclosed amount.

As of January 18, 2006, according to the company's filings with the Security and Exchange Commission, there were 49 different lawsuits pending against Matrixx involving approximately 400 individuals.

The lawsuits began in 2003, with some persons claiming to have lost the ability to smell as a result of using Zicam spray only once. For instance, the first lawsuit was filed in October 2003, in the US Western District Court of Michigan. The complaint by Plaintiff, Dennis Christensen, said that he experienced an immediate and intense "stinging and/or burning sensation in his nose" after using Zicam.  Is Shelf Life Of Zicam Nasal Spray In Jeopardy?


ADHD  -  Cash Cow For Pharma - Possible Lawsuits Involving Drugs - Ritalin and Adderall and Other Treatments Questioned

ADHD  -  Cash Cow For Pharma - Possible Lawsuits Involving Drugs - Ritalin and Adderall and Other Treatments Questioned

ADHD Drugs

“Our society viewed with loathing those who 'pushed' stimulant drugs on children," says child psychiatrist Dr Peter Breggin. "Yet today, there are more children taking Ritalin and amphetamines from doctors than ever received them from illegal pushers,” he says.

“Parents and teachers and even doctors have been badly misled by drug company marketing practices,” he warns. “Drug companies have targeted children as a big market likely to boost profits and children are suffering as a result."

The marketing campaign referred to by Dr Breggin has proven to be extremely successful  At a February 10, 2006, FDA advisory committee hearing, it was reported by Dr Andrew Mosholder, a medical officer in the FDA's Office of Drug Safety, that about 2.5 million children in this country between the age 4 and 17, currently take ADHD drugs. A government survey found 9.3% of 12-year-old boys, and 3.7% of 11-year-old girls are on the drugs, he said.  ADHD  -  Cash Cow For Pharma - Possible Lawsuits Involving Drugs - Ritalin and Adderall and Other Treatments Questioned 


Possible Lawsuits - Trasylol Patients and Clinical Trial Subjects Beware 

Possible Lawsuits - Trasylol Patients and Clinical Trial Subjects Beware

Authors Website

Thirteen years ago, the FDA approved Trasylol (aprotinin) for use in patients undergoing heart bypass surgery. In January 2006, doctors, consumer advocates and a medical research group called for the removal of the drug from the market after a study found it to have deadly side effects.

Heart bypass surgery is performed to redirect blood around clogged arteries to increase blood flow and oxygen to the heart. A patient may undergo one, two, three or more bypasses depending on how many arteries are blocked. It is the most commonly performed major surgery in the US, with approximately 500,000 procedures conducted each year, according to Coronary Artery Bypass Graft Surgery at Heart Center Online.

The FDA approved Trasylol in 1993 to control bleeding in patients undergoing heart surgery by blocking enzymes that dissolve blood clots. Although it was only approved for heart surgery, the drug has been administered off-label to patients undergoing other types of surgery. Possible Lawsuits - Trasylol Patients and Clinical Trial Subjects Beware 


Microsoft Lawsuit Filed Against Eight eBay Seller - Alleges Pirated Software Sold on Online Auction Site

Microsoft Lawsuit Filed Against Eight eBay Seller - Alleges Pirated Software Sold on Online Auction Site

Ebay Website

Microsoft (MS) is suing eight sellers on eBay for distributing counterfeit computer software.  According to Microsoft, all but one seller was targeted when customers used the Microsoft online verification program called Windows Genuine Advantage.

This legal action is meant to “protect its legitimate business partners and customers from dishonest business practices and the risks associated with pirated and counterfeit software”, according to MS.  The company hopes to educate buyers that the low priced software offers are not always what they appear to be.

The eight defendants are located in Arizona, Connecticut, Florida, Hawaii, Massachusetts, Nebraska, New York and Washington.  Microsoft routinely monitors auction sites and offline locations for pirated software sales. They also promote a hotline for those that suspect piracy - 1-800-RU-LEGIT (785-3448).  Microsoft Lawsuit Filed Against Eight eBay Seller - Alleges Pirated Software Sold on Online Auction Site


Record Companies Investigated For Online Music Price Collusion by Justice Department - Compare Apple iTunes With Wal-Mart Licensing Agreements

Record Companies Investigated For Online Music Price Collusion by Justice Department - Compare Apple iTunes With Wal-Mart Licensing Agreements

Apple Allows for CD Case Creation

The United States Department of Justice (DOJ) is looking into whether the major music companies “colluded” in setting wholesale prices for digital Music downloads.  This comes on the tail of Apple’s sale of their 1 billionth song off of their iTunes Website.

The DOJ investigation follows a similar investigation by the New York Attorney General Eliot Spitzer.  In a recent Fox News reports by Tim Arango, this could have stemmed from a “very public spat between the music industry and Apple chief Steve Jobs over pricing on the iTunes service, which charges 99 cents per track.” 

Since December, Spitzer has widened his probe, formally asking for information from several online music services.  According to a WWMT CBS News report, two record company officials say the investigation seems to be focusing on whether the labels are in cahoots when it comes to setting prices for tunes.  Record Companies Investigated For Online Music Price Collusion by Justice Department - Compare Apple iTunes With Wal-Mart Licensing Agreements 


Pfizer Disputes New Zealand Celebrex Heart Attack Link Study - Merck & Co Wins Second Vioxx Lawsuit

Pfizer Disputes New Zealand Celebrex Heart Attack Link Study - Merck & Co Wins Second Vioxx Lawsuit

Celebrex

A New Zealand study found that People taking Celebrex were twice as likely to suffer a heart attack as those using other pain relief treatments.  A similar drug, Merck & Company’s Vioxx, had been removed from the market in September 2004 because of safety concerns. 

The research, conducted by the New Zealand Medical Research Institute, entailed reviewing six studies of 12,780 patients.  The researchers wanted to determine if the problems associated with Vioxx were also associated with Celebrex. 

Both Vioxx and Celebrex are cox-2 inhibitors, commonly prescribed for treating arthritis pain.  The study found that there was a 1.88-fold increased risk of heart attack with Celebrex, compared with the other arthritis treatments.  Pfizer Disputes New Zealand Celebrex Heart Attack Link Study - Merck & Co Wins Second Vioxx Lawsuit


McDonalds Faces Three Lawsuits - Celiac Disease Sufferers Claim the Company Misled Consumers About their French Fries

McDonalds Faces Three Lawsuits - Celiac Disease Sufferers Claim the Company Misled Consumers About their French Fries

French Fries

McDonald’s is facing at least three lawsuits by people with celiac disease. The Wall Street Journal reported Sunday that the lawsuits claim that the company “misled” the public about the ingredients in their French fries. 

Last week McDonalds revealed that their fries contained both wheat and dairy products.  They may taste great, but the wheat products can cause gastrointestinal symptoms in people that suffer from celiac disease.  In fact gluten, a protein found in wheat, can cause damage to the intestines in people with celiac disease. 

The Associated press reported that Debra Moffatt of Lombard, Ill., seeks unspecified damages in a suit filed Friday in the Cook County Circuit Court.  She is accusing the company of misleading the public. McDonalds Faces Three Lawsuits - Celiac Disease Sufferers Claim the Company Misled Consumers About their French Fries


Two Law Firms File Suit Against Apple Computer - iPod Nano Allegedly Defective in Lawsuit

Two Law Firms File Suit Against Apple Computer - iPod Nano Allegedly Defective in Lawsuit

iPod Nano

The Los Angeles based Foundation for Taxpayer and Consumer Rights (FTCR) is suing Apple Computer due to alleged “defective” iPod Nanos. The consumer group says “Apple must fix” the problem or give unhappy customers refunds.  In addition, FTCR claims Apple is refusing to give refunds to purchasers, while forcing others to pay $25 to get a “replacement” that is supposed to be free under the Apple warranty.

The group brought the lawsuit under the California consumer protection laws on behalf of iPod purchasers.  The suit alleges the screen can get scratched so “severely” that it becomes unreadable under normal use.  According to FTCR, the problems became apparent within a few weeks of the product’s launch, and Apple has acknowledged a problem.  Two Law Firms File Suit Against Apple Computer - iPod Nano Allegedly Defective in Lawsuit


Class Action Lawsuits for Cramming and other Charges on your Bill

Class Action Lawsuits for Cramming and other Charges on your Bill

Is it worth fighting?

Have you ever seen charges on your telephone bill that you never authorized?  According to the law firm Wechsler Harwood LLP you have been crammed.  Phone companies and others may cram other charges on your bill without your permission. 

Cramming is the practice of including unauthorized charges on a telephone customer’s bill.  An example could be “900 Romance”.  According to the law firm, the charges are sometimes only a few dollars, and the goal may be to “fly below the radar”.  Most customers may not pick up on the charge and just pay the bill. 

According to Wechsler Harwood LLP, if the customer does dispute the charge they are “frequently stonewalled by representatives of the telephone company”.  Class Action Lawsuits for Cramming and other Charges on your Bill


FDA Adds new Cancer Warning to Eczema Cream and Ointment Labels - Elidel and Protopic

FDA Adds new Cancer Warning to Eczema Cream and Ointment Labels - Elidel and Protopic

Eczema

The Food and Drug Administration (FDA) is requiring new labeling for two creams used to treat eczema.  The new cautions are “black box” warnings for possible cancer risks.  Both Elidel Cream (pimecrolimus) and Protopic Ointment (tacrolimus) are prescription drugs and will carry the label warnings.

The Black Box warning is the most serious type of warning and will be located lower on the labels.  According to the FDA the label helps clarify that these drugs are recommended for use as a second-line treatment.  This means that other topical medicines should be tried first.  Also children under 2 years of age should not use the drug.

Eczema (also known as atopic dermatitis) is one of the most common skin disorders seen in infants and children.  It affects 10 to 15 percent of the childhood population.  The causes are not clear, but the chronic itching and dry skin could be caused by an allergic or immune condition.  The redness is caused by scratching.  FDA Adds new Cancer Warning to Eczema Cream and Ointment Labels - Elidel and Protopic


Credit Card Minimum Monthly Payments Double Due to New Rules

Credit Card Minimum Monthly Payments Double Due to New Rules

Changes in Rules

This may not be the best time to require credit card companies to double their minimum payments.  There are numerous stories of cash strapped families now hamstrung with debt barely able to make their minimum payments.  Starting this month the minimum payments required by credit card companies will double.

Most credit card companies would require minimum payments of just 2% of the principle.  Now over their own objections, they are required to raise that minimum payment to 4%. 

That is right; the credit card companies did not want this new regulation.  They would make more money if the minimums were set at 2%, not 4%. Some credit card companies have already raised their minimums but this month the rest will be required to follow suit.  Credit Card Minimum Monthly Payments Double Due to New Rules


Merck May Have Concealed Heart Attack Events in Vioxx Study

Merck May Have Concealed Heart Attack Events in Vioxx Study

NEJM

The New England Journal of Medicine made a public allegation stating that two of the authors of the Canadian-led study withheld data concerning Vioxx.  The original study was first published in the New England Journal of Medicine back in November 2000. 

There were three heart attacks withheld by two researchers among the subjects taking the drug.  The heart attacks were not disclosed according to the journals editor-in-chief, executive editor and co-author.  This information was made public in a press release by the journal.  

There were other adverse cardiovascular events that were deleted from the original data / manuscript just two days before it was submitted for publication.  This has come to light after an analysis of a computer disk. Merck May Have Concealed Heart Attack Events in Vioxx Study


How to file a Small Claims Court Case

Small Claims Court

Have you ever had a minor dispute where you feel you need to be compensated?  You might consider small claims court.  Disputes are handled quickly and inexpensively.  You may not need to hire an attorney either.  In fact according to the state of California “a lawyer can't represent you in court.”

The courts are all over the country.  They handle small dollar amount claims.  In California that amount is $5,000 or less.  According to the State Website “You can file as many claims as you want for up to $2,500 each. But you can only file 2 claims a year that ask for more than $2,500.”

You can only sue a guarantor for up to $4,000 ($2,500 if they don't charge for the guarantee). A "guarantor" is a person who promises to be responsible for what another person owes. How to file a Small Claims Court Case


Vioxx Lawsuit - Merck & Company Trial Beginning in Heart Attack Case

Vioxx Lawsuit - Merck & Company Trial Beginning in Heart Attack Case

Vioxx

The case was brought by the widow of the 53 year old Richard “Dicky” Irvin who took Vioxx for a month to alleviate back pain.  Originally the case venue was New Orleans but has been moved to Houston because of the damage from Hurricane Katrina. 

The goal of the lawyers representing Evelyn Plunkett is to prove that Vioxx led to the death of her husband in May of 2001.  The defense claims that Dicky was in very good health before taking Vioxx.  Vioxx Lawsuit - Merck & Company Trial Beginning in Heart Attack Case

 


Florida Libertarians Help Foil National Eminent Domain

Florida Libertarians Help Foil National Eminent Domain

Florida Libertarians

Orlando, FL--When the Supreme Court recently ruled that seizing people's property for the profit of local developers was not only Constitutional but actually a core purpose of government, many Libertarians sprang into action, coordinated by the Florida Libertarian Party, which has a long history of fighting Eminent Domain in Florida.  Florida Libertarians Help Foil National Eminent Domain

 

Florida Libertarians Launch Campaign for Congress to Actually Read Laws It Passes

Florida Libertarians Launch Campaign for Congress to Actually Read Laws It Passes

Should Congress Read the Bills they Pass?

Washington, D.C.--Should Congressmen get a pay-raise for actually reading the laws they pass?

So wonder tongue-in-cheek Florida newspapers reporting that those plucky Florida Libertarians, joined with non-profit policy groups such as DownSizeDC, have launched another wild-eyed Libertarian initiative: That legislators actually read the laws they vote upon.

"Citizens are automatically held accountable in law to have carefully read and to completely know every jot and tittle of the 50 feet of bookshelves occupied by US law-books and their state's legal statutes. We propose that legislators be nice, and meet the same burden," said Michael Gilson-De Lemos, a movement spokesman and Libertarian affiliate chair in St Petersburg, Pinellas County, Florida. "Ignorance of the law is no excuse. Why should it be the actual standard for 'creating' law?"  Florida Libertarians Launch Campaign for Congress to Actually Read Laws It Passes


Karl Rove Investigation by Special Counsel Patrick Fitzgerald

Karl Rove Investigation by Special Counsel Patrick Fitzgerald

Karl Rove

The grand jury heard several hours of testimony from President Bush’s chief political advisor Karl Rove on Friday.  Special Counsel Patrick Fitzgerald, who has been investigating the circumstances around the leaking of CIA undercover agent Valerie Plame’s identity, "affirmed that he has made no decision concerning charges."   

Fitzgerald has spent months on the case and with the grand jury set to expire on October 28th, he could either indict Rove or just close up shop.  If he decides not to prosecute the matter further he could present a special report.  It is at his discretion since the expiration of the independent council law. 

Some Democrats on Capitol Hill have been pressing Fitzgerald to present a public report on the matter. Karl Rove Investigation by Special Counsel Patrick Fitzgerald


President Bush Nominates White House Counsel Harriet Miers to the Supreme Court

President Bush Nominates White House Counsel Harriet Miers to the Supreme Court

President Bush & Miers

President Bush nominated his personal counsel Harriet Miers to the Supreme Court.  She is reported to be a born again Christian who opposes abortion.  Some conservatives including Michael Savage, George Will and US senators have complained that the nominee lacks experience and the credentials to serve on the Supreme Court.

John Roberts was first nominated to replace retiring Justice Sandra Day O’Connor.  But after the death of Chief Justice Rehnquist Roberts become that replacement nominee.  Roberts was confirmed and is now the Chief Justice. President Bush Nominates White House Counsel Harriet Miers to the Supreme Court


Abortion will be an Important Issue in the Roberts Supreme Court Hearings

Abortion will be an Important Issue in the Roberts Supreme Court Hearings

Roberts and the President

Hearings in the Senate Judiciary Committee opened today to deliberate the next chief justice of the Supreme Court.  Judge John Roberts was nominated last month by President Bush to fill the vacancy for retiring Justice Sandra Day O’Connor.  After Chief Justice Rehnquist died last week Roberts is now being considered for that top post. 

It is expected that Roberts will receive strong support from the committee.  The agenda includes opening remarks by all 18 committee members followed by introductory remarks by only three of the senators.  After Roberts is introduced he will give his own opening remarks.  He will need to answer a litany of questions from the 18 member panel. Abortion will be an Important Issue in the Roberts Supreme Court Hearings  


Supreme Court Chief Justice Rehnquist Dies of Thyroid Cancer

Supreme Court Chief Justice Rehnquist Dies of Thyroid Cancer

Chief Justice Rehnquist

Chief Justice William Rehnquist died Saturday after losing his battle with thyroid cancer.  He was diagnosed with cancer in October but kept working until the final days of his life.  He died at his home in Arlington Virginia surrounded by his three children.  Born October 1st 1924; he was 80 years old.

Rehnquist was the 16th Chief Justice of the Supreme Court and was considered stern on the bench and had a deep laugh. He would sometimes snap at lawyers raising his eyebrows to an exaggerated comical arch at their responses.   Supreme Court Chief Justice Rehnquist Dies of Thyroid Cancer

 

 


John Roberts Supreme Court Nomination

President Bush and Supreme Court Nominee John Roberts

Roberts and Bush

President Bushes Supreme Court nominee John G. Roberts is making his rounds among senators.   His goal is to secure their vote and become a Supreme Court Justice replacing retiring Sandra Day O’Connor.  At age 50, Roberts will be replacing O’Connor, who is usually the decisive vote on the nine member court.  The court has been closely divided between conservatives and liberals. 

According to the Spokesman-Review, Sandra is quoted as saying of Roberts "He's good in every way, except he's not a woman." She went on to praise his "brilliant legal mind," and predicted he would not have trouble being confirmed. Bush Nominates John Roberts


Supreme Court Nomination Nears Senate as Battles are staged to protect the status quo
 

Sandra Day O'Connor

On the day that Supreme Court Justice Sandra Day O’Connor announced her retirement, Rush Limbaugh tutored his audience, with one of his notable rhetorical flourishes, on limits of judicial power. His address contained his full complement of caustic accusations against liberals who seek to use the courts to achieve political goals.

Mr. Limbaugh’s recognition of the constitutional limits on the powers of the judiciary is certainly appreciated here. His sentiments would have been more appreciated and more timely had they been voiced aggressively and repeatedly during August 2002.

At that time political candidates were preparing to mount their campaigns for elected offices. Money was being collected from contributors. Media plans were being set and, oh yes, the Ninth Federal District Court in California ruled in Elk Grove Unified School Dist. v. Newdow that a school near San Francisco could not require students to recite the Pledge of Allegiance.   Complete Article

 


Eminent domain decision was small potatoes

Eminent Domain Decision

If a thief stole small potatoes from your cupboard and a big-screen TV from your family room, would you be more upset about the loss of the potatoes or the loss of the TV?  Well, judging by the reaction to the Supreme Court's eminent domain decision in the Kelo case, most Americans would be more concerned about the small potatoes.

Pundits, politicians and the public are rightly saying that it is theft for the government to take someone's home and sell it to private developers for the stated purpose of economic development, at a price determined by the government and the developers, not by the owner.  Strangely, they are quiet about a much more egregious theft of property that has been going on for decades.  Complete Article 


Supreme Court Ruling on Medical Marijuana

Marijuana Plants

The Supreme Court came out recently and said that in the case of Medical Marijuana federal law trumps state law, so even if you have a prescription for the pot, you can get busted by the feds.  Why, though, should I need a prescription in the first place?

In this country, most of the really good drugs require a prescription, supposedly so that only a doctor, who knows what is and isn’t good for you, can give you the permission and prescription necessary to take it.  That sounds pretty good, in theory, but in practice it’s a load of manure. Complete Article

 

  

 
 
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