Buzzin’ on the Caffiene

Posts by Lola

We need a new bus driver

Posted by on Oct 2, 2017 in Car Accidents | 0 comments

I want to sue a school bus, but I don’t know how to go about it. My daughter rides the bus every day to school, we live outside Detroit, it’s a nice area, the streets are safe, people are mostly polite drivers, and yet this driver seems to just not be with it. I constantly see her stopping suddenly or speeding up too much in our neighborhood. I’ve had conversations with her about it, and while she always acts respectful, she doesn’t ever change.

Well, now my daughter has a sore neck, and about 99 to 1, it’s this woman’s fault. She stopped particularly suddenly on the way back from school yesterday when she was of course already going too fast and one of our neighbors, a nice old lady who doesn’t pay that much attention to what’s going on around her, walked into the street to check her mail. Thankfully, she wasn’t hurt, and there was no accident, but my daughter’s neck has been aching since last night, and I think it’s time someone scared the school district into firing this driver.

My daughter has had a headache and been unable to sleep. I had to take the day off work and take her to her doctor, who said that yes, it probably was due to the strain of stopping quickly, that the symptoms matched.

I don’t know how much you have to be suing for in order to get the case heard. I’m looking around at lawyers—these guys claim to deal with bus accidents, so that’s a start—and I hope when I find one, I can get a decent answer on what I should do to get this process started. Can I sue for $1? Or can I sue because I missed out on work? I could make a case that cost me quite a bit since I own my own businesses and today could have been productive if I’d been able to go in.

I don’t really care about the money, as you can see, but I do want this driver gone. I personally don’t have any problem with her. I hope she goes on to be very successful somewhere, doing whatever she wants, I just don’t want her driving my streets and driving my kids.

Oh, I called the school about this, and they gave me the typical run around about how they understood my concern and they would look into it. Basically, they just pushed the situation off, and they’ll probably never do anything unless of course, someone is threatening a lawsuit.

I plan to make a big stink about this. I’m not only writing this post, but I’m also going to draft a letter for the local paper and the neighborhood newsletter.

It’s times like this I wish I’d become a lawyer. Then I could take care of all this on my own.

This is just so frustrating.

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Eliminating Airborne Contaminants to Ensure and Maintain Good Air Quality in the Workplace is a Major Responsibility of Manufacturers and Plant Owners

Posted by on Jun 20, 2017 in Clean Air Solutions | 0 comments

Records from the Occupational Safety and Health Administration (OSHA) show that more than 4,500 workers lose their lives on the job every year. OSHA’s mission is to prevent workplace deaths, injuries and illnesses by ensuring safe and healthful working conditions for working men and women.

OSHA workplace regulations include, among others, ensuring and maintaining good air quality in the workplace since good air quality is a major contributory factor to worker health and safety. With this, OSHA sees to it that employers, especially manufacturers, are well aware of how important maintaining good air quality in the workplace is. Aside from OSHA regulations, air quality guidelines are also implemented by the Environmental Protection Agency (EPA) and the American Conference of Governmental Industrial Hygienists (ACGIH). The EPA is a U.S. government agency which was created for the purpose of protecting human health and the environment, while the ACGIH is a 501(c)(3) charitable scientific organization that advances occupational and environmental health.

Recent scientific studies show different kinds of dangers that threaten worker health and safety, especially in manufacturing plants. There are weld fumes, heavy metals, oil mists, silica dust, asbestos fibers and combustible dust, all of which render assuring and maintaining good air quality in these workplaces a really tough challenge.

Despite the difficulty, manufacturers know that eliminating airborne contaminants in order to comply with air quality regulations is their major responsibility. Thus, while a number of them resort to reviewing their engineering processes to see if may be able to remove the obvious sources of contaminants, others have started to implement a dust or weld capture solution.  There are also manufacturers and plant owners who have moved to using the clean air technologies of RoboVent for the collection and filtering of airborne contaminants common in a wide variety of metalworking processes as well as other process systems, particularly those involving wood, paper, chemical, pharmaceutical and food production.

 

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Intellectual Property Disputes

Posted by on Apr 6, 2017 in Intellectual Property | 0 comments

Intellectual Property Disputes

Intellectual property refers to a creation of the mind that has been determined by law to be the legal property of its creator. It may come in many forms and it can be utilized by different kinds of individuals. Some examples include the novels of authors, the designs of an architect, and even the logo of a company or brand.

According to the website of Williams Kherkher, disputes regarding intellectual property do happen, and they often involve copyright and trademark cases and trade secret litigation.

Copyright and Trademark

Copyright is a legal concept wherein an individual will gain right to its original works. Usually, this right is only for a limited time, like about 70 years after the individual’s death. Many copyright issues include literary works, such as novels, films, photographs, and other published materials, but it is not unheard of to have copyright issues on unpublished materials.

A trademark is a sign, design, expression, or anything that makes individuals, companies, products, and services, to be recognizable and distinguished from others. Many trademark issues include logos and slogans of products, but it is not unheard of to have issues on non-conventional concepts, such as colors, smells, and sounds.

Trade Secret Litigation

A trade secret refers to important information that makes an individual or organization competitive and recognizable in its field. It is also a branch of intellectual property, so these secrets are just as protected as copyrights and trademarks. The most common trade secret issues occur when a high-ranking official in an organization has acquired and has made public customer information, secret recipes, manufacturing processes, and other factors that make the organization stay competitive.

Why These Properties Should Be Defended

Copyrights, trademarks, and trade secrets are there to protect different forms of intellectual properties, but why do these properties need protecting anyway? It is because our world progresses through competition, and the best way to compete is to create something that is legally innovative and unique. Intellectual property rights exist for both protection and encouragement of healthy competition.

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Cellular Phone Use and Texting While Driving Laws in the U.S.

Posted by on Jan 5, 2017 in Car Accidents | 0 comments

The National Highway Traffic Administration (NHTSA) and the National Safety Council (NSC) say that 2015 is most likely the deadliest driving year for Americans since 2008 due to the rise in motor vehicle deaths. About 38,300 people were killed on U.S. roads, while 4.4 million were seriously injured (road fatality in 2014 was 32,675).

The dramatic increase in the number of cars on the road, one of the effects of gas prices going down, is one of the key factors for the rise in road fatalities, according to the NSC. And, with more cars on the road, were also more incidences of alcohol-impaired driving, speeding, people failing to buckle up, and many more instances of distracted driving.

Distracted driving, specifically, refers to any form of activity that takes a driver’s attention away from the primary task of driving. This bad road behavior takes many forms, including, but definitely not limited to, eating and/or drinking, cell phone use and texting while driving, smoking, and adjusting the radio. Since the introduction of cell phones, however, and now, the expansion of smartphone functions and wider use of social media platforms, driving distractions have donned a new front and it makes threats to road safety appear fun and exciting. Many drivers today, especially teens and young adult drivers, not only read, send and/or reply to texts while driving, but also send emails, snap selfies, conduct video chats, shoot videos, and use Facebook, Instagram, Twitter, or Snapchat; some even watch YouTube videos while driving, practically believing that they can drive and do anything else safely.

Despite differences of states laws on cell phone use, one thing is the same anywhere: there are no current laws, in any state, that ban all cell phone use for all drivers. Below is the cellular phone use and texting while driving laws in the U.S. (from the National Conference of State Legislatures (NCSL) (http://www.ncsl.org/research/transportation/cellular-phone-use-and-texting-while-driving-laws.aspx):

Hand-held Cell Phone Use Ban: 14 states, D.C., Puerto Rico, Guam and the U.S. Virgin Islands prohibit all drivers from using hand-held cell phones while driving.

All Cell Phone ban: No state bans all cell phone use for all drivers, but 37 states and D.C. ban all cell phone use by novice or teen drivers, and 20 states and D.C. prohibit any cell phone use for school bus drivers.

Text Messaging ban: 46 states, D.C., Puerto Rico, Guam and the U.S. Virgin Islands ban text messaging for all drivers.

Despite the bans on texting and cellphone use while driving, so many drivers refuse to be dissuaded from texting and using their cell phone while behind the wheel. The state of New Jersey, in particular, where distracted driving has been the top cause of fatal crashes for five straight years (2010 – 2014), saw the need to raise fines for talking or texting on hand-held wireless communication devices to discourage and stop anyone from further violating the ban on cell phone use.

Well, let’s face it. Many driver may see the figures above as nothing more than just statistical data provided by lawyers like Misconduct Lawyers. However, for those who have actually been hurt in a car accident and know fully well how their injuries have altered the way they live, making a statistical impression would be a thing they would rather have erased if only time could be turned back. If you are driving, just drive, therefore, before you get involved in something you’ll be sorry for, for a very long time.

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What is a Breach of Contract Complaint?

Posted by on Oct 25, 2016 in Business Law | 0 comments

Breach of contract complaints stem from disputes over stipulations that are articulated on a legally-binding document that had been previously agreed upon by two parties. This legal procedure allows one party of the contract to sue the other for shirking from the obligations stipulated in the contract that they’ve each signed before.

In general, a breach of contract complaint has a few basic components. The first, as was already stated, is that there should be a contract that both parties have agreed on in a previous occasion. Second, the party filing the complaint has performed their obligations, while the other party has failed to live up to their own set of responsibilities. Finally, it’s important to be able to prove that the breach to the agreement has caused damages for the party filing the suit.

When filing a breach of contract complaint, it’s important to keep several pointers in mind. Most complaints stem from the fact that some contracts have unclear stipulations, leaving it open for various interpretations. In these scenarios, the party filing the complaint will have to establish how the contract was first fashioned in order to satisfy the court’s requirement that contracts need to be both certain and definite. The complaint should also describe the parties involved in the signing of the contract. For example, if the contract in question is an employment contract and the complainant is an employee of a particular company, it would be good practice for the petitioner to describe their place of work and provide other pertinent details about what type of company it is.

Another important component of a breach of contract complaint is the concise but meaningful explanation of the damages incurred due to the breach in the agreement. The petitioner will need to explain how the other party has caused them harm. It would also be helpful if some sort of estimate can be made with regards to monetary value.

Damages can be explained as direct, consequential and incidental. Include an explanation of your harm and an estimate of its quantification if you can. Otherwise, include such information as is necessary to show that you are in the right court. In many cases, the exact harm caused is the subject of expert testimony that is not yet available when the complaint is filed.

Of course, as with any type of legal action, filing a breach of contract complaint won’t be an easy endeavor. As the commercial lawyers from Russo Russo and Slania point out, these cases often require the steady guiding hand of a qualified attorney to ensure that everything is properly conducted. Seeking out effective legal counsel can be a huge help in solving such disputes.

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