According to the website of Houston criminal defense firm Kyle Sampson Law, “implied consent” in Texas law means you have given your consent to take one or more chemical tests for blood or breath exams in order to determine your blood alcohol level (BAC) once you have been lawfully arrested by a police officer who have reason to believe you have been driving or boating while being intoxicated. The tests should be conducted immediately from where the arrest was made, with the officer having the right to decide which test you will have to take. However, you have the right to have another blood test taken by a medical professional of your choosing within two hours after the arrest.
Before being given the test, the police officer will have to inform you of your rights: if you refuse to take the test, you will be informed that your refusal will be used as evidence against you in a court of law and your license will be suspended for 180 days. He should also tell you that if you that if your BAC level is above the legal limit, your driver’s licenses would be suspended for more than 90 days. You will then be asked whether you give your permission to take the test after being informed of the consequences.
You have generally the right to refuse the test. However, there are exceptions: you are required to take the test if you were involved in an accident that resulted to serious injuries or death. Having two prior DWI convictions (or only 1 DWI conviction that involved a child in the vehicle, or resulted in serious injuries or death) would also require you to submit to a test. If the accident left you unconscious or death, then the officer naturally does not need your permission to have the test.
It seems that nothing is sacred. Research has finally pinned down the adverse effects of prolonged use of all things baby powder: ovarian cancer. Many people have used the product since their babyhood, and it is associated with “mother” and “caring” and “cleanliness” for decades. Now it seems that it may go down in history as synonymous to “ovarian cancer.”
Filing a talcum powder lawsuit could potentially involve millions because it is estimated that about 40% of women use talcum powder for feminine hygiene. Longitudinal studies have consistently indicated that women who use talcum powder in the genital area have an increased risk (some peg it at 24%) of developing ovarian cancer.
There have been numerous studies conducted investigating the health effects of prolonged and regular use of talc-based baby or adult powder since 1971. Chief areas of concern were for certain cancers (uterine, ovarian, lung) and pulmonary diseases. The first such study to publish a positive relation between genital use of talcum powder and ovarian cancer was contained in Issue 78 of The Journal of Obstetrics and Gynecology of the British Commonwealth entitled “Talc and carcinoma of the ovary and cervix” where talc particles were found deeply embedded in tissue samples taken from patients with ovarian cancer.
The most recent paper on this subject was not an independent study but rather a meta-analysis of 8 previous studies with similar results, using comparative data from a total of 8,525 ovarian cancer patients and 9,859 controls (no ovarian cancer). The study, “Genital Powder Use and Risk of Ovarian Cancer: A Pooled Analysis of 8,525 Cases and 9,859 Controls,” came out in the online version of the journal Cancer Prevention Research in June 2013 and print version in August 2013.
If you have developed ovarian cancer from prolonged genital exposure to talcum powder, you may e eligible to sue the manufacturer. Provide the details to a reputable talcum powder lawyer in your area to find out more about likely scenarios for your case.
Trucks, especially interstate ones, are the lifeblood of the consumer market. Without these trucks bringing goods to supermarkets and retail establishments, commerce would grind to a halt. However, it cannot be denied that due to the sheer size and speed of these trucks, they pose a significant danger to smaller vehicles that share the road with them.
It is important that truck drivers are always alert for any untoward incidents such as a reckless or distracted driver going into the no-zone and running into trouble. Trucks have large no-zones which a responsible driver should take care to avoid. According to the website of Williams Kherkher, an encounter between a truck and a smaller vehicle can result in severe injuries to the driver of the smaller vehicle, no matter who is at fault.
This is why there are strict regulations for their hours-of-service. Unfortunately there are frequent violations of these regulations, as Nashville truck accident lawyers at Pohl & Berk, LLP are well aware. Fatigued and sleepy truck drivers are one of the major causes of truck accidents.
Truck drivers have a higher duty of care than regular drivers because of the vehicles they operate, but being frequently on the road for long stretches can be stressful. This can lead to accidents that appear to be due to drunk driving, but as Ian Inglis is aware, not everything is as they appear. Truck drivers charged with drunk driving can lose their license and their income if convicted, so it is crucial that they get the proper legal representation to beat the charges.
If you have been involved in a truck accident because of the negligence of the truck driver, you may be eligible for compensation for serious injuries. Contact a truck accident lawyer in your area for more information about negligence.
The Fair Labor Standards Act (FLSA) is a federal law that establishes among others the wages that non-exempted employees are entitled to. Most states follow the FLSA regulations although they may require a higher minimum wage than that mandated by the FLSA. New York, for example, requires non-exempt employers to pay a minimum of $8 an hour while the FLSA only requires $7.25.
Overtime rules may also vary from state to state as long as it is in compliance with the FLSA. The FLSA requires non-exempt employers to pay employees 1.5 times their hourly wage for each hour over 40 hours in one week, although live-in employees can only claim overtime pay in excess of 44 hours a week in New York.
Determining if an employee is entitled to unpaid overtime can be tricky because employment laws are not uniform across industries and there are quite a few exemptions. For example, the FLSA regulations only apply to companies that garner an annual business volume of $500,000 or more BUT there is no minimum business volume for hospitals, schools, and government agencies. Employees engaged in interstate commerce, the production of goods for interstate commerce, and domestic workers (with conditions) are also covered regardless of business volume. There are also specific exemptions for employees in a certain industry i.e. retail sales or occupying specific positions i.e. executive employees. As any New York unpaid overtime lawyer knows, New York overtime pay statutes closely follow FLSA exemptions.
There are narrow definitions within these exemptions that can spell the difference between compliance with and violation of FLSA regulations. It is not at all easy for a layperson to understand how the laws should be interpreted in each individual case, which is why employers should avoid trouble by consulting with a New York unpaid wages lawyer on wage matters. An employee who is unsure if he or she has a valid unpaid overtime claim should consult with a reputable unpaid overtime lawyer in the state before anything else.
Most married couples go through periods when they argue and fight, especially in times of exceptional stress. As pointed out on the website of Kathleen Snyder, it can be a struggle but this is a normal part of marriage and does not mean that the marriage itself is in trouble. However, there are infinite shades of gray in a relationship, and sometimes it can be difficult to tell when the line has been crossed from normal to trouble. Here are some signs that you may need help from a marriage counseling expert to keep the marriage going.
If you are thinking about doing it, suspect your spouse is doing it, or anything in between, you definitely need to hunker down and thrash out your issues. Having an affair is not about the sex, or at least it is not the underlying motivation. In most cases, the cheating spouse has insecurities or issues that the other spouse may not be aware of or understand.
When a couple can only communicate in a negative manner i.e. insulting then that is a clear sign that the breakdown in communication has gone over to the dark side. Sniping between a married couple may seem funny in sitcoms, but in reality the stress of perpetual mutual animosity not only wears down any emotional attachment that may still be present between the couple but impacts negatively on other members of the household, especially children.
A marriage is a relationship, not a convenient living arrangement. When a couple no longer treats each other like spouses but more like housemates, there’s trouble brewing. It is just a matter of time before they drift apart and wonder why they ever got together. Remember the song “we’ve lost that loving feeling”? Precisely.
Being too close to a situation often precludes a reasonable discussion, so most married couples need an objective third-party to give them perspective. An experienced marriage counselor can help a couple who are having issues understand exactly what the problem is so that they can work towards a solution.
When you go into business, you are sure to run into a plethora of legal issues simply because businesses are subject to state and federal business laws right from the get-go. Even setting up a business can get you into trouble if you don’t do it right. The potential for business litigation encompasses internal issues (business formation, employment contracts, shareholder concerns) as well as external ones (debt collection, business contracts, trade practices). The business litigation lawyer plays many roles.
All business litigation starts with a dispute or a claim that involves a law that has been violated or a contract that has not been adhered to. In most cases, the complainant accuses the business owner of some type of wrongdoing which may or may not be true. The business litigation lawyer is there to assess the situation, decide if the complaint has merit, and suggest ways in which the dispute or complaint can be resolved that will be acceptable to all parties concerned without having to involve the courts. Reaching a settlement out of court is the best option as both parties will get at least some of what they want without having to spend huge amounts of money in a costly lawsuit.
When a lawsuit is filed before the courts, the first thing that the judge will require in appropriate cases is some type of mediation to avoid the expense of a full-blown lawsuit. In times when a dispute or claim can be settled, business litigation lawyers come up with proposals and counterproposals based on the strengths and weakness of each side. Negotiations are usually conducted informally by the lawyers, and this may go on until both sides come up with a compromise that satisfies all parties. If it is not possible for the parties to come together on the issue, the lawyers then prepare their cases to battle it out in the court room.
Business litigation can be expensive, which is why the best lawyers will urge their clients to resolve or settle a claim if at all possible. If you have need of a business lawyer to file a complaint or to defend your business against a claim, choose one with a good reputation in your state.
There has been a lot of noise in the news about the problems surface owners have with mineral rights lessees or owners, mostly to do with the impact of drilling and extraction operations on their way of life. The fact is, landowners have to acknowledge that the laws in general favor the side of mineral rights owners or lessees because without access to these minerals the deed or lease is worthless. And with the demand for oil and natural gas on the rise, it is inevitable that land that sits over a potential goldmine will become a hot issue.
The smart thing is to make these facts work for you by selling your mineral rights.
What many landowners don’t realize is that selling your mineral rights does not necessarily mean that operations will commence immediately, unless the land sits on an active tract. Many speculators buy mineral rights on an in-case basis, and quite a few of these properties lie dormant for decades so you may not even witness any actual mining. In some states, if the mineral rights owner fails to do anything with the land for a prescribed period (20 years in Ohio, for example), the ownership reverts to the surface land owner. In the meantime, you have benefited from the sale, hopefully a good one if you had the mineral rights sales experts at The Mineral Auction broker the deal for you.
As mentioned earlier, selling your mineral rights lets you have a sizable chunk of cash at one time. If your land sits in an area known for its rich deposits, you can probably get quite a lot of money for your rights that you can use to move to a less active area. In the meantime, you still owe the surface land and eventually mining operations will cease, at which time you can come back.
Another option would be to lease out your mineral rights. However, you don’t benefit from it as much until the lessee strikes oil, so to speak. Even then, the royalty checks may not be as much as you hope it will be as deductions may take a sizeable chunk out of it. If you do decide to lease out your mineral rights, make sure to have an expert look over the contract.
If you are thinking about selling your mineral rights, don’t try to do it on your own or you get the short end of the stick. Get a mineral rights sales expert to help you get the best possible deal you can get.
The approval history of Belviq (lorcaserin) developed by Arena Pharmaceuticals did not bode well for the weight-loss drug, and as the story unfolds, is likely to be a preview of trouble to come.
Belviq is a part of a class of drugs called selective serotonin re-uptake inhibitors (SSSRIs) which are primarily used to treat psychological disorders. It acts on serotonin to depress appetite to make it easier for an obese individual (BMI over 30 or BMI over 27 with comorbid conditions such as hypertension and type 2 diabetes) to lose weight. It is designed to be used in conjunction with a low-calorie diet and exercise regimen.
Arena first presented Belviq for approval by the Food and Drug Administration (FDA) in December 22, 2009 as a new weight loss drug, and was denied on October 2010 because the data did not assure the FDA advisory panel the drug was safe or that it worked. As mentioned in the website of the Law Offices of Vic Feazell, P.C., consumers are entitled to presume that consumer products are safe.
Nearly a year and a half later, Arena was back with the results of a new round of studies and this time the FDA was more receptive although still retained reservations. On June 27, 2012, the FDA gave its official approval of the Belviq as weight-loss aid for obese adults with restrictions; it was the first weight loss drug to be approved since orlistat, 13 years prior. However, because it was an SSRI and clinical trials indicated that it could be addictive, the Drug Enforcement Administration (DEA) slapped a Schedule IV classification for Belviq on May 7, 2013, making it a controlled substance on par with antidepressants such as diazepam and the narcotic tramadol.
And after all that trouble, critics of the drug state that it doesn’t even work that well. An average person will lose less than 4% of their body weight within 12 months when taken as prescribed. Sheboygan personal injury lawyers are aware that common side effects include as constipation, dry mouth, headaches and dizziness but more importantly there are claims that the drug in combination with depression medication may induce serotonin syndrome, which is life-threatening. There is also the possibility of cancer or cardiac problems that was indicated in animal studies but not so far proven.
Because Belviq is so new, not enough time has lapsed to reveal any hidden dangers it may pose to people. But based on its history, it is definitely a possibility that something will come up that will be the basis of a Belviq lawsuit.
If you have suffered serious side effects from using Belviq, you may be the first to present an eligible case for a product liability lawsuit. Consult with a Belviq lawyer to have your case assessed.