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handelinlawltd · 6 years
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How to Legally Handle Medical Malpractice?
Medical malpractice has become a greater concern for doctors over the years. The age of lawsuits means that people are quick to sue for any wrongs they feel have been committed against them. While most doctors do everything they can to avoid being sued for malpractice, sometimes there is just nothing they can do. Even when they do everything right, something can still go wrong - and the doctor often takes the blame for these problems, whether they were responsible or not. Unfortunately, it is very simple for someone to bring a lawsuit against another person today, but on the bright side, there is a complex process which rules out most frivolous suits.
There are two types of damages available to victims of medical malpractice. A successful malpractice attorney may be able to secure the client both compensatory, as well as punitive, damages.
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1. Compensatory Damages:
Compensatory damages serve to financially compensate victims of medical malpractice for their own financial losses or damages that may have resulted from the incident. The client may be entitled to compensation for a whole host of medical bills both past and future, including hospitalization, surgery or therapy. The client may also be compensated for pain or suffering resulting from the malpractice. This might include any deformity or disfigurement, as well as physical or mental impairment.
2. Punitive Damages:
Punitive damages refer to money recovered to make an example of the doctor in question. These awards are not meant to compensate the victim, but more to punish the defendant and hopefully deter him or her (as well as the profession) from future misconduct. Punitive damages are more difficult to recover, as the malpractice attorney must prove obvious, reckless disregard for the safety of a patient. The doctor must have knowingly engaged in inappropriate dangerous behavior for punitive damages to be recovered.
Medical malpractice attorneys must be aware of the specific medical malpractice "statute of limitations" governing the state in which the incident occurred, before addressing each malpractice case. The statute of limitations refers to the length of time one can legally wait before filing a claim for medical malpractice. These lengths vary from state to state so it is important for both the client and the malpractice attorney to be aware of their individual state laws governing medical malpractice.
When Do You Need a Medical Malpractice Lawyer?
You need the services of medical malpractice lawyer when you are medically misdiagnosed. Misdiagnosing your ailment can cause serious discomfort to you and your overall health. For instance, an ailment that may have just been treated if well diagnosed may take a permanent recourse if misdiagnosed.
Negligence From Some Medical Doctors
Negligence from some medical practitioners also results in the malpractice. You maybe medically neglected through the doctor's inexperience, use of inefficient medical equipment, experimentation and so on. Whatever the cause of the neglect does not erase the fact that the doctor should have taken extra care to attend to you medically. So you have right for redress when you are medically neglected regardless of the cause.
Medical-surgical injuries are also cases when you require the services of a competent medical lawyer to help you get legal redress. Some surgical injuries result in a permanent disability which could have been avoided. The medical institution where the surgery took place or the individuals or individual involved should be made to pay in case of any malpractice. There have been cases where some surgical instruments are 'forgotten' in the patients' body after the operation. This has caused some deaths, though the statistics are not exact but if you find yourself in such or similar situation. You need a medical malpractice attorney to fight for you in the law court.
Medical Malpractice Advise
Note that in some cases, the medical malpractice attorney may advise you to opt for an out-of-court settlement. Ask him for his reasons and give him every understanding because he is a professional and knows what is best for you. Trusting his judgment and advice will make him pursue your case with the vigor it deserves until you get the appropriate monetary compensation. Consult thoroughly with a medical malpractice attorney and discuss every detail of your case with him so that he can effectively give you the representation that will be fruitful to your compensation quest.
As new medical practices continue to push the envelope, people will seek reasons to sue when things go wrong, but the definition of medical malpractice protects doctors from many lawsuits filed by people who are just looking to put the blame somewhere. Fortunately for doctors who are concerned about wrongful lawsuits, there has been a recent push to reform many of the torts which govern the medical industry. They are intended to eliminate lawsuits filed by people who, for whatever reason, feel they were wronged by their doctors.
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Medical association blasts military’s transgender policy
SAN DIEGO — A Trump administration regulation bars transgender people from the military unless they “correct those deficiencies,” a description the American Medical Association said Thursday is unfair and defies science.
The AMA told The Associated Press on Thursday the policy and its wording mischaracterizes transgender people as having a “deficiency.” It said it also objects to the Defense Department classifying the need to transition to another gender among “administratively disqualifying conditions” that include those the Pentagon has labeled as “congenital or developmental defects.”
The new regulation strips transgender troops of rights they only recently secured under the Obama administration to serve openly and receive care if they choose to transition to another gender.
The Defense Department said its use of the words “deficiencies” is military lingo for when an individual fails to meet standards to maintain a lethal force. It is not a reference to gender dysphoria, a condition of extreme distress from not identifying with one’s biological gender, Lt. Col. Carla Gleason said.
The department says transgender people can serve if they remain in their biological sex.
“The only thing deficient is any medical science behind this decision,” American Medical Association President Dr. Barbara L. McAneny said.
Decorated Army helicopter pilot Lindsey Muller was a plaintiff in one of four lawsuits that tried to block the policy from taking effect. But the final legal injunction was lifted in March, though new legal challenges are expected.
Muller said she and other transgender troops feel demoralized.
“Under our ethical standards, we can’t say anything derogatory against the administration, while we are being presented in a disparaging and derogatory light,” said Muller, 37, who is based in Fort Carson, Colorado.
Troops like Muller, who began openly identifying as a woman in 2016, are worried they will be discharged. The administration says it will not boot current service members who transitioned before the Pentagon issued its directive, though the government has also said it retains the right to eliminate that protection.
Muller said the policy will cost the armed forces far more in terms of losing experienced personnel like herself and training replacements than any costs associated with specialized health care for trans servicemembers. She plans to retire from the military next year after serving 20 years.
Under the new policy, a service member can be discharged based on a diagnosis of gender dysphoria if he or she is “unable or unwilling to adhere to all applicable standards, including the standards associated with his or her biological sex, or seeks transition to another gender.”
It said the discharge should come after an individual “has been formally counseled on his or her failure to adhere to such standards and has been given an opportunity to correct those deficiencies.”
The policy calls for troops diagnosed with gender dysphoria to be medically evaluated before discharging them to see if they qualify as having a disability. Otherwise gender dysphoria can be considered a “condition that interferes with military service” like sleep walking, bed wetting, motion sickness, and personality disorders.
“They can dress it up in whatever words they want, but when you carefully look at this it’s total disrespect for these human beings by saying a core piece of them is not acceptable,” former acting U.S. Army Surgeon General Gale Pollock said.
Pollock signed a statement with three former U.S. surgeons general and two former military surgeons general, saying they are “troubled by the Defense Department’s characterization of the need to undergo gender transition as a ‘deficiency,’ and by the addition of gender dysphoria to official lists of ‘congenital or developmental defects’ that include bed-wetting and ‘disturbances of perception, thinking, emotional control, or behavior.’”
An estimated 14,700 troops identify as transgender.
Military chiefs testified before Congress last year that they found no problems with transgender troops on morale or unit cohesion. Many have received medals since the armed forces welcomed them in 2016.
Transgender troops say the regulation mirrors the “don’t ask, don’t tell” policy that prohibited gay men and women from serving openly in the armed forces before Congress repealed it in 2010.
from FOX 4 Kansas City WDAF-TV | News, Weather, Sports https://fox4kc.com/2019/04/13/medical-association-blasts-militarys-transgender-policy/
from Kansas City Happenings https://kansascityhappenings.wordpress.com/2019/04/13/medical-association-blasts-militarys-transgender-policy/
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takebackthedream · 6 years
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Is the State Takeover of Jackson, MS Schools ‘Better Together’ or a Step Back? by Jeff Bryant
America’s ongoing saga to “reform” public schools is filled with stories of state officials taking over “underperforming” school districts. Recent presidential administrations, including Obama’s, have approved of such takeovers even though, in nearly every instance—New Orleans, Detroit, Newark—takeovers are carried out by white state officials accusing black and brown communities of being unable to care for their children.
This story repeated itself recently in Jackson, Mississippi, where a state audit of the district’s schools gave justification for a series of hearings by the state accreditation board and education department to propose a takeover of Jackson schools. The mostly white state officials presented their cases for takeover in a room limited in seating and closed to the public except for invited guests. I, along with scores of mostly black community leaders and citizens, watched remotely on a video livestream from an auditorium. After each hearing, state officials deliberated behind closed doors while people in the auditorium waited patiently for the takeover decisions to be announced.
“This was a frame job to push an agenda,” Melvin Priester told me. Priester, a native of Jackson who attended Jackson schools before going on to earn an undergraduate degree from Harvard and a law degree from Stanford. He now practices law in his hometown and serves on the city council. “This unfair fight has been building for years,” he said.
Yet, the story of state takeover of Jackson is also different.
When the call for takeover was sent to the Governor Phil Bryant’s desk, he made the unusual decision to eschew takeover outright and agreed with a proposal from Jackson Mayor Chokwe Antar Lumumba to create a joint committee to recommend next steps for the schools. The commission, called “Better Together,” would include city and state officials, Jackson citizens, and representatives from the Kellogg Foundation based in Michigan.
Some are already hailing the approach as a “public-private partnership”, but questions remain. Is Mississippi plowing new ground for genuine partnerships between white political rule and black communities in the Deep South? Or is the state merely continuing centuries-old oppression of black governance under a different guise?
An ‘Agenda’
The fact that Governor Bryant is still holding out the possibility of state takeover prompts many in Jackson to doubt the governor’s sincerity.
The district has continued to close schools in response to state directives, and state monitors with the Mississippi Department of Education have reminded Jackson the district still faces possible takeover.
A number of Jackson Public Schools supporters admitted to me that some problems in the district had indeed not been addressed and that embattled former superintendent Cedrick Gray was likely “in over his head.”
Yet, a careful reading of the audit finds that many of the standards violations cited seem exceedingly bureaucratic—such as failures in record keeping, data reporting, and regulatory compliance—and addressable by means far less drastic than a state takeover. Other citations seem overly general and subjective, such as administrators failing to “implement standards of governance” or teachers failing to follow “tiered instruction.” Other violations can be easily explained by lack of funding for the schools, particularly shortages in school staffing and unaddressed building maintenance issues.
Dorsey Carson, a Jackson native who heads a local law firm, complained to me that his daughter’s elementary school was dinged for having “inattentive students,” because the auditor happened to show up during naptime. The school is the only one in Mississippi to be recognized as a National PTA School of Excellence, according to its website.
Other violations were hotly contested by interim superintendent Freddrick Murray and district special counsel James Keith, who argued that many of the violations—particularly with busing, safety, and security—happened almost a year ago and have since been corrected. But the thick binders Jackson Public Schools staff hastily assembled to counter the auditors’ claims were generally ignored during the proceedings.
“There’s always been a target on Jackson’s back,” Jed Oppenheim explained to me. Oppenheim, a school board member, worked as a senior advocate in Mississippi for the Southern Poverty Law Center. “[The state’s efforts] are about controlling money and power, Oppenheim said. “There’s no awakening or newfound care for black kids.”
A Legacy of White Rule
White rule in Mississippi has long made Jackson schools a target of either malevolent neglect or authoritarian abuse.
From the end of Reconstruction in 1875 to the landmark Supreme Court ruling Brown v Board of Education that ended legal racial segregation of public schools in 1954, the needs of black Mississippi school children were routinely ignored. In retaliation to the Brown ruling, white businessmen across Mississippi formed “Citizens Councils” to devise ways around forced school desegregation. In Jackson, the Council headquarters was located down the street from City Hall, with an office across the street from the governor’s mansion.
In 1964, the all-white Mississippi legislature passed a tuition grant to fund private, non-sectarian schools so white people could send their children to “council schools” using taxpayer dollars. The Citizens’ Council, which ran the private schools, opened its first school in Jackson in the fall of 1964. Governor Bryant himself attended one of the segregationist academies—Council McCluer High School, now called Hillcrest Christian School.
In the early 1960s, Council advocates disseminated “racial facts” to Jackson parents and advocated that white Jackson parents keep their children home rather than attend integrated schools. Mississippi had no compulsory school attendance law at the time. Under white rule in the 1960s, Jackson continued to fund schools for black families significantly less than schools for whites: $106 per black student compared to $149 per each white student.
When the 1969 case Singleton vs. the Jackson Public School District, ended legal segregation, thousands of Jackson’s white families fled the schools virtually overnight. When schools re-opened on February 1, 1970, there were 5,000 fewer students in attendance, most of the missing were white.
Any integration that did occur in Jackson peaked in the 1980s. By then, Jackson Public Schools was 85 percent black. Today the district is 95 percent black, and 99 percent are eligible for free and reduced lunch, a common measure of poverty.
No Chance to Succeed
No one disputes that Jackson’s schools have struggled to serve their students.
According to results of the most recent round of standardized tests in the state, the percent of black students reaching proficiency in English Language arts is 19.8 percent, while the state average is 22.4. In math, black students fare even worse with only 14.8 percent reaching proficiency, also well below the state average of 23.5 percent.
The district was recently downgraded from a “D” rating in Mississippi’s rating system to “F.” but the rating system employed by the state has long been a moving target for schools. Changes in the state testing regime have stabilized baseline results over the last two years, but that hardly constitutes a reliable benchmark.
“The whole accountability process in the state has been wrongheaded to begin with,” Pam Shaw told me. Shaw helps run Our JPS, a parent and citizen-led advocacy group for the local schools. Her criticism reflects widespread views that the rating system is more of a measure of poverty than it is of school performance. “When the schools are chronically underfunded, it’s a recipe for failure,” she argues.
Mississippi has funded schools fully only three times since 1997, shorting students and teachers over a billion dollars over the last four years. One result is a significant teacher shortage due to low salaries and challenging school climates.
“Black districts have been stretching resources since Reconstruction,” wrote Andre Perry in The Hechinger Report. Perry is a fellow at the Brookings Institute, a policy think tank in Washington, DC, and a former New Orleans charter school operator who has become a caustic critic of the charter industry.
“Last academic year, the district had to accommodate a mid-year cut of $1.3 million,” he noted of the Jackson district. “This school year, the district’s yearly allocation is approximately $9.6 million short. . . Children lose when schools don’t have the baseline funding resources they need to educate them.”
“I’ve been to schools in Jackson that didn’t have enough electrical outlets, much less computers with connection to high-speed internet,” Shaw told me.
Numerous studies have shown school districts like Jackson Public Schools with high poverty levels require more funding to help address the considerable education challenges that derive from poverty. Yet, a recent study by the Education Law Center found that poverty levels of Mississippi schools vary considerably, but per public spending does not change much to compensate for needs of high-poverty schools. According to the study, high-poverty districts in the state would need an additional $15,000 in state and local spending per pupil above current levels for students to be able to achieve average outcomes. The report projects Mississippi’s highest poverty districts will need three times their current funding levels or more students to approach national average outcomes
“If [state officials] want to improve the lives of children in Jackson,” Oppenheim told me, “they have a screwy way of going about it—divesting in communities, defunding schools.”
All About ‘Education Politics’
“It’s all about the politics of public education,” Steve Suitts explained to me in a phone call.
Suitts, an Alabama native, led the Southern Regional Council and then worked at the Southern Education Foundation in Atlanta. He now works in a consulting firm.
“There is an enormous hostility in the state to black politics and black control,” Suitts said. He called the choreographed takeover hearings at the Mississippi Department of Education headquarters “a great opportunity for state leadership to prove black folks were unable to lead.”
Suitts named a string of events that have made Jackson “the perfect target for the failure narrative,” including the city’s decaying infrastructure, a school rating system that assures Jackson schools score low, the defeat of a statewide education funding referendum in 2015, and the recent proposal (although eventually defeated) to cut back the amount of guaranteed funding the state is obligated to provide to schools.
Mississippi’s conservative state authorities may also be concerned about the nature of Jackson’s black leadership.
When Chokwe Antar Lumumba ran for Jackson mayor in 2017, he presented himself as an unabashed lefty. After he won a landslide victory, he talked about making Jackson “the most radical city on the planet,” elevating an agenda of social justice, economic democracy, and citizen engagement.
Many have pointed to Lumumba and another newly elected black mayor in the Deep South, Randall Woodfin in Birmingham, Alabama, as signs of a progressive new wave of black political leadership rising in the region.
A Coming Collision with Charter Schools
The rise of black populism in Jackson also raises the potential for a head-on collision with Empower, one of the most potent movers and shakers of education politics in Mississippi.
“Few organizations have more influence on ‘school choice’ policy and lawmakers than Empower Mississippi,” reports the Jackson Free Press.
Backed by big donations from Walmart billionaire Jim Walton and the Mississippi branch of the American Federation for Children, Empower Mississippi—a national “school choice” organization co-founded and formerly led by U.S. Education Secretary Betsy DeVos—funneled hundreds of thousands of dollars through its PAC to political candidates who supported its agenda for more charter schools and school voucher programs.
In 2015, Empower successfully unseated four incumbent state representatives who were insufficiently supportive of charter schools. Their replacements became instrumental in pushing through new school voucher legislation in the state, with two of the four new representatives serving on the House Education Committee that drafted the bill.
Empower also came out against the failed ballot initiative that sought to force the state legislature to fully fund schools. “Citizens like the path we’re on,” Empower’s founder and president Grant Callen told a national media outlet. “The amount of money is not nearly as important as how the money is being spent.”
There are currently three charter schools in Mississippi, all of them located in Jackson. By August two more will open, one outside of Jackson. And a wave of new applications is in the offing.
In 2017, the U.S. Department of Education under Secretary DeVos awarded Mississippi with a $15 million grant to subsidize the startup of new charters over the next five years. Most of the new charters are expected to open in Jackson.
Only two of the Jackson charters have been open long enough to have received state evaluations. One is rated “D” and the other “F” according to state rankings. In 2017, Jackson Public Schools lost over 500 students to charter schools, costing the district $1.4 million as the state money followed the students to their transfer schools. Scores of those students eventually returned to Jackson public schools, but the money didn’t. Since charters opened in Jackson in 2015, the district has sent more than $12 million to charters.
Mayor Woodfin, Lumumba’s populist peer in Birmingham, has explicitly called out charter schools as “a separate and unequal” education system.
“A charter school will take away students and subsequently funding from Birmingham city schools,” he said during his mayoral campaign. “This will cause city schools to cut programs such as arts and extracurricular activities.”
“It’s a valid fear that charters will be allowed to take over [Jackson schools],” Shaw told me, given the kind of money and clout charter advocates in Mississippi are building.
What Jackson Needs
As the work of the Better Together Commission proceeds, while the threat of state takeover of Jackson Public Schools looms, what’s in danger of getting lost in the swirl of political forces and issues is the question of what would really help the schools suceede.
“Jackson schools need what all schools need,” Suitts told me. “Community involvement, early childhood education, a reinvigorated teacher workforce, research-supported programs that get kids on track. There’s got to be a systemic approach, and you have to start early.”
“We need schools that serve as hubs of the community,” Shaw added. “Communities should own that space and use it as a launching pad for everything children need.”
The new form of school takeover model rolling out in Jackson could deliver that. “Sometimes arranged marriages work,” Oppenheim shrugged.
If Jackson’s Better Together approach is really going to work, it’s clear it can’t happen through compromising with the state’s racist past, but only by completely overthrowing it.
First published at The Progressive.
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addictionfreedom · 6 years
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handelinlawltd · 6 years
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Legal services ensure the proper resolution of the issue at hand without hassles. It is, therefore, important to choose the right one. After all, the outcome of the dispute may have a greater impact on your life than you realize. Legal services can become a necessity at times.
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mystlnewsonline · 7 years
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New Post has been published on https://www.stl.news/carson-delivers-oath-office-four-new-hud-leaders/69801/
Carson Delivers Oath of Office to Four New HUD Leaders
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WASHINGTON/ January 18, 2018 (STLRealEstate.News) – The U.S. Department of Housing and Urban Development (HUD) has four new top leaders who are assuming key roles in the agency at the start of a new year and during a critical recovery period following last year’s devastating hurricanes. HUD Secretary Ben Carson administered the oath of office to the following individuals recently confirmed by the U.S. Senate: J. Paul Compton, Jr. to become HUD’s General Counsel; Suzanne Israel Tufts to be Assistant Secretary for the Office of Administration; Leonard Wolfson as Assistant Secretary for Congressional and Intergovernmental Relations; and Irving Dennis to serve as Chief Financial Officer.
“Today, our bench got a lot deeper,” said Secretary Carson. “These four outstanding individuals bring substantial experience to HUD at a moment when our Department is being called upon to excel as we support millions of our fellow citizens recovering from Hurricanes Harvey, Irma and Maria.”
J. Paul Compton, Jr. will lead HUD’s Office of General Counsel which provides advice and services to all HUD programs and activities. OGC represents the department in litigation and enforcement actions; provides legal services in the development, preparation and presentation of the Department’s legislative initiatives; has primary responsibility for the development of HUD program regulations; represents the department in multifamily finance transactions; and assists in the development of HUD programs and policies. General Counsel Compton is an Alabama native with legal expertise in the areas of multifamily affordable housing finance, tax credit transactions and mortgage securitization. A former partner of the Birmingham-based law firm of Bradley Arant Boult Cummings LLP, Compton is listed by Chambers USA as one of America’s leading business lawyers on issues related to banking, finance and regulatory matters. He also served as a legal advisor to the Alabama Affordable Housing Association, a trade organization for developers, property managers, lenders, investors and service providers for affordable housing. He is a Truman Scholar and a graduation of the University of Virginia School of Law.
Assistant Secretary Suzanne Israel Tufts will lead HUD’s Office of Administration tasked with delivering administrative support and customer service to HUD employees nationwide. As HUD’s chief administrative officer, Ms. Tufts will oversee the Department’s human resources, contract procurement and training needs. A New York-based attorney with extensive experience in turnaround management, Assistant Secretary Tufts served in operational roles in the public and not-for-profit sectors, including public housing authorities in New York State. Ms. Tufts is a nationally recognized expert in the field of social programming in inner cities including microenterprises, education and women’s issues. She formerly served as President and Chief Executive Officer of the American Woman’s Economic Development Corporation (AWED), the nation’s first women’s entrepreneurship training center. Following the terror attacks of September 11, 2001, Assistant Secretary Tuffs and AWED launched emergency small business crisis services for which she was recognized by President George W. Bush and then- Secretary of Labor Elaine Chao. Ms. Tufts graduated summa cum laude with an A.B. in Bio-Medical Ethics from Princeton University in 1977, and graduated from the University of Virginia Law School where she was awarded a Dillard Fellowship.
As HUD’s Assistant Secretary of Congressional and Intergovernmental Relations, Len Wolfson will serve as the principal advisor to the Secretary, Deputy Secretary and senior staff on legislative affairs, Congressional relations, and policy matters affecting Federal, state and local governments, as well as public and private stakeholders. Prior to his service at HUD, Assistant Secretary Wolfson served as Associate Vice President of Legislative Affairs for the Mortgage Bankers Association, where he helped the real estate finance industry recover from the financial crisis by advocating for a return to safe and sustainable lending. He previously served as HUD’s General Deputy Assistant Secretary for Congressional and Intergovernmental Relation, during the George W. Bush administration. During that time, he led HUD’s successful legislative efforts to modernize the Federal Housing Administration (FHA) as part of the Housing and Economic Recovery Act of 2008. A Connecticut native, Mr. Wolfson also served his hometown congressional representative, Christopher Shays. He earned a B.A. in history and political science from the University of Connecticut.
Irv Dennis is HUD’s Chief Financial Officer responsible for employing sound financial management practices across all of the agency’s program areas. Mr. Dennis will oversee the accounting, budget and financial management for the agency’s budget and appropriations including processing millions of transactions each year to support HUD’s mission. Prior to his public service, Mr. Dennis was a Global Client Service Partner with Ernst & Young, LLP where he worked with several large multinational public companies in various industries. Mr. Dennis earned a B.S. Degree in business administration-accounting from Montclair State University and is a Certified Public Accountant. He serves on several not-for-profit boards and has been a member of various accounting-related organizations.
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Source: news provided by HUD via USPress.News, published on STL.NEWS by St. Louis Media, LLC (PS)
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ramialkarmi · 7 years
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Nevada sold out of legal marijuana so quickly, the government used a 'statement of emergency' to bring in more weed
On July 1, Nevada locals and tourists visiting from out of state waited hours in line in triple-digit temperatures to become the first in the state to purchase legal recreational marijuana.
Less than two weeks later, the 47 retailers licensed to sell the drug are running out of supply.
The Nevada Tax Commission, a subsidiary of the state Department of Taxation, has passed a new regulation to address the shortage in a unanimous vote.
The commission found that the current pool of stores licensed to distribute marijuana is insufficient to support the market. It will reopen applications and allow dispensaries previously operating in the medical marijuana program to vie for a spot in the recreational market.
The regulation come as a response to a "statement of emergency" issued by the department and endorsed by Governor Brian Sandoval late last week.
The governor did not declare a "state of emergency," which is typically used in times of natural disaster when local government requires the help of state agencies. Rather, a statement of emergency allows for swift changes in regulations during temporary scenarios, said Mari St. Martin, communications director of the Office of Governor Brian Sandoval, in a statement.
Nearly 50 dispensaries in the Las Vegas area have licenses to sell marijuana for recreational use. When sales got underway on July 1, those retailers could sell their inventory to anyone over the age of 21 with a valid ID. But those same stores cannot legally restock their supply.
Alcohol wholesalers have the exclusive rights to move marijuana from growers to retailers in Nevada, as part of a temporary court order that was extended in June. The rule aims to "promote the goal of regulating marijuana similar to alcohol" — and protect liquor stores from losing business as the demand for recreational marijuana rises.
Nevada is the only state with legal marijuana that has such an arrangement. The state intends to appeal the order, so that its medical pot shops can obtain distribution licenses.
On Thursday, purveyors of both alcohol and marijuana packed a government building in Carson City, Nevada, where the Nevada Tax Commission met to discuss the situation.<
Deonne Contine, executive director of the state Department of Taxation, warned regulators that a marijuana shortage could create a budget shortfall in Nevada. A 15% tax on the plant's cultivation generates revenue that the state spends on public education.
The industry could bring the state more than $1.1 billion in tax revenue over the next eight years, according to a study by Las Vegas-based RCG Economics.
Neal Gidvani, senior counsel with Greenspoon Marder's Cannabis Law practice in Las Vegas, called the commission's decision "a step in the right direction for the cannabis marketplace."
"It is imperative that all those involved with the industry work together to ensure consumers have adequate access to the product and can purchase marijuana in a safe environment," Gidvani said.
Regulators pried open a channel for distribution in the hours before the commission meeting. The state awarded its first distribution license to Crooked Wine Company, which has partnered with a medical marijuana logistics company to transport recreational weed from farm to store.
There are approximately 70 licensed alcohol wholesalers in the state, but only seven applied for marijuana distribution licenses as of Thursday. Contine said the department has issued two total licenses to alcohol wholesalers, but the other five submitted incomplete applications.
Several dispensaries told state officials they expected to run out of product within the week.
The first four days of legal sales resulted in over 40,000 retail transactions and generated $3 million in sales, according to the Taxation Department and the Nevada Dispensary Association.
SEE ALSO: The VC firm that made early bets on Uber and Snap is investing in a marijuana breathalyzer
Join the conversation about this story »
NOW WATCH: This is how the legal marijuana industry is affecting Mexican drug cartels
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handelinlawltd · 5 years
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Business law covers all aspects of a trade from the registration of business to hiring employees and selling goods across the globe. A business may need a lawyer to help with the relevant terms of agreement and sales and present them to the other parties.
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handelinlawltd · 5 years
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Most Important Types of Business Law
In today's society, many people are starting new businesses and they need to legally register their company. If a business is not registered, the owners may be breaking the law as they would be accused of running the business illegally. When a company wants to merge with another firm, they should have a written contract which both parties need to sign. These agreements should be drafted by a business lawyer who should guide the firms during the process. Business law covers a wide branch of knowledge across a variety of disciplines.
Business law covers all aspects of a trade from the registration of business to hiring employees and selling goods across the globe. A business may need a lawyer to help with the relevant terms of agreement and sales and present them to the other parties. When a company wants to bid for tender or have a project, the lawyer needs to come up with various proposals to present to the other parties. At times, disputes arise and when there was no binding agreement, the business suffers a huge loss.
The seven most common types of Business Law:
1. Sole Proprietorship: A business owned by a single person.
2. Partnership: A business owned by two or more people who share responsibilities
3. Limited Partnership: General partner(s) run the business, while limited partners invest
4. Corporation: A fully-independent business with shareholders
5. Limited Liability Company (LLC): A mixture of a partnership and a corporation, designed to make it easier to start small businesses
6. Nonprofit Organization: A business that uses its profits for charitable purposes
7. Cooperative (Co-op): A business owned and operated for the benefit of the members of the organization that use its services
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1. Sole Proprietorship:
A sole proprietorship is one of the most popular business types, namely because it's one of the simplest and only requires a single person to create. In a nutshell, a sole proprietorship is a business that's owned by just one person. An important thing to note is that there isn't a legal or financial distinction between the business and the business owner, which means that you as the business owner are fully accountable for all of the profits, liabilities and legal services that your business may encounter. The nice thing about a sole proprietorship is that you don't have to fill out any forms or go through any legal procedures to declare this type of business.
2. Partnership:
Two heads are better than one, right? If that's the philosophy behind your business structure, then a partnership might be the best choice for you. A partnership might be appropriate if your business is owned by two or more people. Keep in mind that with this type of business, business responsibilities, including financial and legal, fall upon each business owner. Depending on how the ownership is divided (either equally or not), there are different types of partnerships for you to explore from a legal standpoint.
3. Limited Partnership:
A limited partnership, or LP, is an off-shoot version of a general partnership, and while it may not be as common, it's a great bet for businesses who are looking to raise capital from investors who aren't interested in working the day to day aspects of your operations. With a limited partnership, there are two sets of partners: The General Partner and the Limited Partner. The general partner is usually involved in everyday business decisions and has personal liability for the business. On the other hand, there's also a limited partner (typically an investor), who is not liable for debts and don't partake in regular business management of the company.
4. Corporation:
A corporation is a fully independent business that's made up of multiple shareholders who are provided with stock in a business. Most common is what's known as a "C Corporation," which allows your business to deduct taxes much like an individual - the only problem with this is that your profits will be taxed twice, both at the corporate level and at the personal level.
5. Limited Liability Company (LLC):
Next on our list of business types is a Limited Liability Company, better known as an LLC. An LLC is a newer type of business that is a blend between a partnership and a corporation. Instead of shareholders, LLC owners are referred to as members. No matter how many members a particular LLC has, there must be a managing member who takes care of the daily business operations.
6. Nonprofit Organization:
A nonprofit organization is pretty self-explanatory, in that it's a business organization that's intended to promote educational or charitable purposes. The "non-profit" aspect comes into play in that any money earned by the company must be kept by the organization to pay for its expenses, programs, etc. Keep in mind that there are several types of nonprofits available, many of which can receive "tax exempt" status.
7. Cooperative:
The last on our list of seven popular types of business is what's known as a cooperative, or a business that's fully owned and operated for the benefit of the members of the organization that uses its services. In other words, whatever is earned by the cooperative is then shelled out among the members themselves, and aren't required to be paid out to any external stakeholders, etc.
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Entrepreneurs must be mindful of all the associated risks that come with launching a new company. Knowledge of business law goes a long way towards ensuring that all appropriate, legal obligations are being met. Many times, startup owners think that they will learn the legalities as the company progresses, but once things become hectic, many legal issues may be overlooked or forgotten. Remember, knowledge is power. If you are not sure of something, it is always best to consult with an attorney.
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handelinlawltd · 5 years
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Handelin Law, LTD is the premier firm for legal solutions in Nevada and California. Representing the rights of our clients is the core of our practice, and we utilize creative legal services and innovative business tactics to serve our client's best interests.
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handelinlawltd · 5 years
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When starting a business, the entrepreneur will have to choose how their organization will be structured so they can enjoy the greatest benefits. Entrepreneurs are faced with a variety of options including a sole proprietorship, a limited liability corporation, or a corporation. Each option has its own advantages and disadvantages, and it is the job of the entrepreneur to learn each different structure and how each one works.
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handelinlawltd · 6 years
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The Most Common Family Legal Services Needed
Family legal services can help you with a variety of legalities such as guardianship of minor children or adults with special needs, child custody and many more. Some service providers have specialized in one field again some provide a variety of legal services.
For this, you can solve the problem by self or take the help of experienced professionals to provide you with the family legal services. This includes domestic violence, child custody, child support, adoption, divorce, etc. People must understand that such disputes are a part of the relationship and ending up is not the best solution always.
There are various alternatives to family problems that can best be resolved with the help of a professional lawyer. Thus, if you are facing any problem in your life, it is best to solve them with the help of your partner. If the issue is complex, then take the help of experts who have proper knowledge of the family legal law.
They also, offer legal advice regarding divorce and custody. Sometimes it may happen that you find later that the lawyer to whom you assigned your case is not compatible enough and you find the need to change the lawyer. It is a burdensome and costly process to change a lawyer once the case is opened. To avoid such a situation, take time to interview 3 or 4 attorneys. It’s important to feel comfortable with your lawyer.
Legal services ensure the proper resolution of the issue at hand without hassles. It is, therefore, important to choose the right one. After all, the outcome of the dispute may have a greater impact on your life than you realize.
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handelinlawltd · 6 years
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Representing the rights of our clients is the core of our practice, and we utilize creative legal strategies and innovative business tactics to serve our client's best interests.
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handelinlawltd · 6 years
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Personal injury law provides legal rights to victims who have been physically or psychologically injured as a result of the carelessness or wrongdoing of another person, company government, or another entity.
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handelinlawltd · 6 years
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Legal-Specialist in Personal Injury Law
Personal injury law provides legal rights to victims who have been physically or psychologically injured as a result of the carelessness or wrongdoing of another person, company government, or another entity.
A lot of people may just want to forget about an incident that may have caused them to be injured. But when problems arise because of their injury, they may feel aggravated and cannot help to be angry about it. Whether or not they were intentionally injured by others, they can file a legal claim so that they may not need to suffer as much as they possibly can.
The aim of this type of law is to protect every person's interests and it is part of civil law. It provides victims with the right to claim for damages from the parties who are liable for the negligence that brought about the injuries. Under this ruling one can receive liability claims charges when the cause of suffering and pain is an action which a negligent party is responsible for.
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Personal injury law provides an opportunity for people who have been harmed by others to seek out monetary compensation to help them with the damages that have been inflicted upon them as a consequence.
1. Areas of Personal Injury Laws:
Personal injury law covers a few unique scenarios. It's really important to understand that this is different from criminal law. So, for example, if a man or woman is physically assaulted, the criminal charges (for example one count of assault and battery) would be addressed in the criminal justice system. If, however, that assault led to lifelong pain that impeded the victim's ability to work his or her job, a personal injury lawyer could help pursue compensation for those damages.
2. Workplace injury/workers' compensation:
If a worker is hurt at work because they were put in a dangerous situation (unfit working conditions, faulty supplies, or dangerous physical environment) that the employer should or could have prevented, the employer can be held accountable for the consequences.
3. Medical Malpractice:
Medical malpractice is when a medical professional (doctor, nurse, nurses' assistant, etc.) acts (or fails to act) in a manner deemed inappropriate by their peers and consequently causes harm or even death to the patient.
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4. Motor Vehicle Accidents:
When someone drives irresponsibly (by speeding, driving under the influence, distracted / cell phone driving, or reckless driving in general) and kills or maims a safe driver or innocent bystander, a few months in jail is clearly not going to help the aforementioned victim recover. Personal injury law is a way to seek compensation that helps the victim with expenses related to the accident and to provide compensation for emotional trauma.
5. Slip and Fall When a city is responsible for a public area, and when a business owns intellectual property that members of the public is invited to enter for the sake of doing business (a retail store, for example), they are responsible for ensuring these places are safe. If a person slips and falls because of unkempt property, that man or woman may be eligible for damages from the party responsible for upkeep. Examples include wet (or dirty) floors in a store, loose carpeting or floorboards in a city or county building, and exceptionally hazardous parking lots.
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These are just a few of the situations that a personal injury attorney is trained to handle. If you find yourself in a circumstance where you have been harmed because of someone else's actions, you may be entitled to monetary compensation for your financial, emotional, and physical damages. If the negligent actions in question have led to the unfortunate death of a loved one, you may be able to pursue monetary compensation for emotional trauma, wrongful death, and lost financial support from future wages.
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handelinlawltd · 6 years
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Business lawyers represent your interests in and outside the courtroom. They can provide legal advice on a number of issues, and even negotiate with other organizations or individuals on your behalf. If negotiations fail, it can be for professional legal work to build a strong case to protect both you and your business.
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