Administrative Agency Personal Injury Criminal Law

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Amendments to Liquor Control Act Create Safe Harbor For College And University Employees And Students Who Request Police...

On January 1, 2013, certain amendments to Section 6-16 of the Illinois Liquor Control Act of 1934 (the “Act”) will take effect. These amendments may impact the way that institutions of higher education address underage...more

Bank Liability to Non-Customers in a Ponzi Scheme

The morning news reports flashes a report that your customer was actually a Ponzi scheme and defrauded numerous people. Of course, this is terrible news for the innocent victims, but, you ask yourself, could my bank be...more

Addressing Workplace Hazards: Law To Be Clarified By Alberta’s Highest Court

The Alberta Court of Appeal has agreed to hear an employer’s appeal of a judgment of the Court of Queen’s Bench which overturned acquittals, by a Provincial Court judge, of two charges under the Alberta Occupational Health...more

Alabama Could Enforce Stricter Punishment For Drunk Drivers

Traffic safety experts estimate that around 7,000 individuals are killed each year across the nation, including here in Alabama, because of drunk driving accidents. Many of these victims are completely innocent, guilty only...more

School Zone Speed Limits

Illinois law has long had a law regarding speed limits in school zones. The law requires motor vehicles to operate, on a school day when children are present, at a speed of no more than 20 miles per hour while passing through...more

Directors’ Liability for Safety: Not just Small-Company Directors are at Risk in Ontario

In an unusual development, a director of a medium-sized company has been personally found guilty and fined under the Occupational Health and Safety Act. The company’s Internet site states that its field personnel include a...more

Bar Owners Facing Wrongful Act Manslaughter Charges after Employee’s Wrong-Way Accident on Highway 401

Companies and their owners are increasingly considering the risk of criminal safety-related charges and fines. We have recently reported on the criminal fine against Metron Construction under the Bill C-45 amendments to...more

Criminal Prosecutor Appeals $200,000 fine in Metron Construction Quadruple Fatality Case

The Toronto Star is reporting that Ontario’s Ministry of the Attorney General has appealed a judge’s decision that imposed a $200,000 fine against Metron Construction in the 2009 scaffold collapse in which four workers...more

$200,000 Criminal Safety Fine for Company, $90,000 OHSA Fine for Director in Deaths of 4 Workers

We recently reported that Metron Construction had pleaded guilty to criminal negligence in respect of the Christmas Eve 2009 deaths of four workers who fell 13 floors when a suspended work platform collapsed. On Friday,...more

With holiday here, drunk boating is timely topic in Alabama

Independence Day just isn't the holiday it's meant to be for some unless boating is involved. The summers get hot, and hitting the water with an ice cold drink can be just the perfect solution to a sweaty day. Drunk boating,...more

Employers Who Have Nothing Nice to Say Should Say Nothing at All

With high unemployment rates comes increased demand on human resource departments to provide employee references. Even though many employers increasingly shield themselves from providing insight into the former employment...more

IRS Losing Fight Against Tax Return Fraud?

Is the IRS winning the battle against tax return fraud? Hardly. Tampa is the city that holds the dubious distinction of having one of the country’s highest incidences of tax return fraud. It is estimated that from Tampa alone...more

Primary Seat Belt Study Shows Reduction in Fatalities

The Minnesota Department of Public Safety (DPS) has announced the release of a study showing there were 68 fewer deaths and 320 fewer serious injuries between 2009 and 2011 as a result of the primary seat belt law. The law,...more

Investigating Sexual Assault Claims - Even Private Colleges Are Vulnerable

A recent Tennessee federal jury case involving a private university reminds the academy of the critical need to balance fairly the interests of the accused and accuser in investigating sexual assault cases. While private...more

Judge Awards $1.7 Million in EPA Malicious Prosecution Case

On September 30, 2011, the U.S. District Court for the Western District of Louisiana ordered the United States to pay $1.7 million in a malicious prosecution lawsuit to Hubert Vidrine, based on findings that the U.S....more

Weekly Law Resume - September 15, 2011: Qualified Immunity Does Not Apply Where Officer Mistakenly Pulls Gun Instead of Taser

Maria Torres, et al. v. City of Madera, et al. Ninth Circuit Court of Appeals (August 22, 2011) This case is an important progression in stun-gun-related police liability law, establishing how mistaken-draw cases should...more

New Laws Seek to Reduce Illinois Automobile Accidents and Injuries

In recent months, two new laws were passed in Illinois, both of which are intended to make Illinois roads safer. First, on June 27th, Governor Pat Quinn signed a a bill that requires everyone in a car to wear a seat...more

Liability for Transmission of HIV and Other Sexually Transmitted Diseases in Washington

In July 2010, the White House published an ambitious strategy to “undertake a more coordinated national response to the HIV [human immunodeficiency virus] epidemic.” While public concern on the issue has waned in recent...more

Fraud and Abuse Issues In Off-label Marketing

In This Presentation: Increased Fraud Enforcement Activity; Current Enforcement Climate; Prosecution and Exclusion of Individuals; Inter-relationship with Kickback Allegations; Off-Label Enforcement Activity; Fraud...more

PRESUMPTION OF INNOCENCE AND SETTING OF BOND

The presumption of innocence in a criminal law case means just that: you are presumed innocent unless proven guilty. This is true regardless of whatever crime is alleged, e.g., child sexual abuse, murder, sexual battery,...more

Weekly Law Resume - September 9, 2010: Premises Liability - Duty To Protect Customers Does Not Extend To Criminal Conduct...

California law imposes an affirmative duty on business owners to protect customers from foreseeable third-party criminal conduct. This obligation derives from the special relationship between a business owner and his or her...more

Dangerous Doctors and Lax Licensing Boards: A National Map

A young health care journalist named William Heisel has put together a fascinating Google map of the United States highlighting case after case of state licensing boards going easy on doctors who abuse drugs, send fraudulent...more

Pro Te: Solutio - Vol. 3, No. 3 - August 2010

In this issue: The United Kingdom Bribery Act 2010; Update On Tort Reform Caps: Are They Constitutional?; Not Just For Adults Anymore; and The Fully Informative, Yet Fully Understandable, OTC Label. Excerpt from The...more

DC Nursing Homes: How to Report Abuse or Neglect

The District of Columbia Department of Health licenses and certifies health care facilities for compliance with state and federal health and safety standards. Facilities include nursing homes, hospitals, home health agencies,...more

OSHA Says Criminal Penalties Could Prevent Construction Accidents

Assistant Secretary of Labor Dr. David Michaels believes that adding criminal penalties to OSHA's arsenal could prevent construction accidents and other workplace injuries and deaths. He also says that OSHA needs and welcomes...more

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