Archive for the ‘Legal and Law’


December 29th, 2007

Wrongful Death-personal Injury

Wrongful Death

In general, a wrongful death is a death caused by the negligence, recklessness, malpractice or inaction of another. The death may be the result of an accident or other adverse event. Wrongful death cases are usually brought by close relatives of the deceased. Wrongful death lawsuits usually require the following vital elements to prove the defendant’s guilt:

• The person’s death
• The defendant has exercised such neglectful acts, misconduct, omission or malpractice that causes death
• The surviving family members suffer financial burden due to the loss of their loved one
• The appointment of a legal counsel for the decedent’s assets.

December 23rd, 2007

Public Real Estate Record & How To Get One Quickly And Legally!

A public real estate record can be a realtor’s and a buyer’s best friend. The public real estate record can give the seller and future homeowner information on the house that they may not get otherwise just by looking at it.

Problems – A public real estate record should tell you about certain problems that the house has had such as electrical failure, flooding, or cracking foundation. These are all important and sometimes life threatening problems that every seller and buyer should know about well in advance of buying the home. After all, to the seller, it’s just real estate. To the buyer, it’s a home.

December 16th, 2007

Is An Identity Theft Prevention Service For You

Identity theft has certainly taken consumers by storm recently. You’ve seen commercials all over the web and on tv, right? They all make claims to protect your identity.

But the big question is - how necessary is Identity Theft protection service? Do you really need to pay a few dollars a month to have professionals protect your identity? Well, that all depends on how much time you have and to what extent you will go to in order to clean up any mess left behind should a criminal decide that it’s your turn to become a victim.

December 8th, 2007

Dying Without A Will In Texas - What Happens?

Question: ? Is it true that the state gets everything if I die without a Will??

Concerned clients routinely ask this question expressing their concern in keeping the State from taking their hard-earned estate upon their deaths. Fortunately, the State does not take the property of someone dying without a Will. Instead, Texas law dictates how the assets of someone dying without a Will are divided upon their death.

December 3rd, 2007

Personal Injury - Who Pays Compensation?

After the rapid introduction of claims management companies during the 1990’s, it has become increasingly common for people to make “no win no fee” personal injury claims. However, there is still some confusion as to what constitutes a claim and who pays the compensation. Many believe there is a magical ‘compensation pot’ from which personal injury compensation is taken and worry that, by making a claim, they will be taking money from people who may deserve it more. This is not the case as we will now discuss…

December 3rd, 2007

Dwi - Understanding The Basics Of Dwi State Laws

Each of the 50 states have laws that vary when it comes to how they process DWI cases. There is a blood alcohol level that is used to determine who is breaking the law and who has drank less than the legal limit before getting behind the wheel of a vehicle. Most states use a blood alcohol level of .08 but some of them are as low as .05. The blood alcohol for commercial drivers and airline pilots is even lower at only .04.

December 2nd, 2007

Do Your Part To Stop Copyright Infringement

The U.S. Supreme Court is considering whether software companies can be liable for their products that enable illegal sharing of music and video files. The case of M.G.M. v. Grokster has the attention of major and diverse players. Over 55 amicus briefs – statements by those who are not directly involved in the case – have been submitted to the Court for consideration. These include the NFL, the NBA, the Christian Coalition, Senators Leahy and Hatch, and two photography groups - the PPA and the ASMP, which specifically note that the “illegal file-sharing poses particularly significant risks for publication photographers and other small copyright owners whose livelihoods depend to a substantial degree upon commercial exploitation of their creative works.” Some of the materials can be viewed here: http://news.findlaw.com/legalnews/lit/mpaa/index.html

December 1st, 2007

Diabetes Drug Linked To Serious Heart Risks

Avandia, generic rosiglitazone, was approved in 1999 by the FDA (Food and Drug Administration) to treat type 2 diabetes. It is estimated that approximately six million people take the drug worldwide to treat type 2 diabetes. An article published in the New England Journal of Medicine in late May 2007 states that taking Avandia significantly increases the risk of heart attack in diabetes patients. In response to the article, the FDA issued a public safety alert advising people taking Avandia to consult their doctors regarding the cardiovascular risks associated with taking the drug.

December 1st, 2007

Trademarks - What Is A Conflict? What Is A Strong Similarity?

Comprehensive trademark research consists of several layers:

  • Researching comprehensive databases, such as Lexis-Nexis or Dialog
  • Looking for similarities, such as synonyms, word placement & spelling variations
  • Consultation with a trademark attorney if Conflicts or Strong Similarities arise
  • The hardest matter to determine is what’s going to be a potential problem for you and what isn’t. Once that is ascertained, further research into the company or companies is needed.

    First, let’s discuss the difference between conflicts and strong similarities.

    What is a Conflict?

    Determining a conflict is very simple - it’s any mark that is EXACTLY like yours. If the name AND the goods/services are EXACTLY the same, then it’s a Conflict.

    November 22nd, 2007

    The Magnuson-moss Warranty Act

    First of all, Congress wanted to make sure that consumers could get complete information about warranty terms and conditions up front and in their truest form.

    By providing people with a way of learning what warranty coverage is offered on a product before they buy, the Act actually gives them a way to know exactly what they should expect if something goes wrong.

    It also goes a long way in increasing customer satisfaction.

    Secondly, Congress wanted to make sure that people could compare warranty coverages before buying their cars because in doing this, consumers can choose a product that has the best combination of price, features, and warranty coverage to meet their individual needs.


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