Thursday, December 26, 2013
The Lawyer's Mailbox: BALTIMORE LEAD POISONING DEFENSE BASICS & DEVELOPM...
The Lawyer's Mailbox: BALTIMORE LEAD POISONING DEFENSE BASICS & DEVELOPM...: www.charlesjeromeware.com . " We are here to make a difference. We fight , you win." The following is presented for informational...
BALTIMORE LEAD POISONING DEFENSE BASICS & DEVELOPMENTS
www.charlesjeromeware.com. " We are here to make a difference. We fight , you win."
The following is presented for informational purposes only, and not intended to be legal advice.
HISTORY
For many centuries, starting as early as 4000 B.C., lead has been used for a variety of purposes.
Ancient Romans used lead for glazing pottery, piping, cooking utensils, and sweetening of wine.
Lead toxicities were well documented in Egyptian papyrus rolls, describing its use for homicidal purposes. Over the centuries, lead poisoning was noted by different terms such as " the miner's disease", " lead blindness", " lead colic", " lead gout", and " plumbism." It was a common cause of morbidity and mortality among shipbuilders, wine drinkers, and potters. The toxic clinical effects of lead poisoning in children were linked to lead paint used in the early 20th century. More than half the homes built in the United States before 1950 contained lead paint. Lead-based paint were banned in the United States in 1977, and the United States Environmental Protection Agency phased out lead from gasoline between 1975 and 1986.
The annual costs of lead-related health care in the United States are estimated to be $ 43.5 billion. As of 2000, 38 million homes I the US were considered significant lead hazards. The age of the house is more predictive of lead hazard than its location. Children living in high-risk housing (built before 1950) are almost 6 times more likely to have lead poisoning than in housing built after that time
[http://pedsinreview.aappublications.org/content/Lead Poisoning; Pediatrics In Review, Vol. 31, No. 10 ( October 1, 2010). pp. 399-406].
BASICS & DEVELOPMENTS
Childhood lead-paint poisoning is virtually an epidemic in Baltimore. Statistics reveal that roughly 54 percent of poor Black children, and maybe about 12 percent of affluent, middle-class White children living in East Coast urban areas such as Baltimore, annually ingest enough lead to cause an
appreciable drop in IQ. THIS, BY ITSELF, DOES NOT MEAN HOWEVER THAT THE LANDLORD IS ALWAYS AT FAULT.
The following is presented for informational purposes only, and not intended to be legal advice.
HISTORY
For many centuries, starting as early as 4000 B.C., lead has been used for a variety of purposes.
Ancient Romans used lead for glazing pottery, piping, cooking utensils, and sweetening of wine.
Lead toxicities were well documented in Egyptian papyrus rolls, describing its use for homicidal purposes. Over the centuries, lead poisoning was noted by different terms such as " the miner's disease", " lead blindness", " lead colic", " lead gout", and " plumbism." It was a common cause of morbidity and mortality among shipbuilders, wine drinkers, and potters. The toxic clinical effects of lead poisoning in children were linked to lead paint used in the early 20th century. More than half the homes built in the United States before 1950 contained lead paint. Lead-based paint were banned in the United States in 1977, and the United States Environmental Protection Agency phased out lead from gasoline between 1975 and 1986.
The annual costs of lead-related health care in the United States are estimated to be $ 43.5 billion. As of 2000, 38 million homes I the US were considered significant lead hazards. The age of the house is more predictive of lead hazard than its location. Children living in high-risk housing (built before 1950) are almost 6 times more likely to have lead poisoning than in housing built after that time
[http://pedsinreview.aappublications.org/content/Lead Poisoning; Pediatrics In Review, Vol. 31, No. 10 ( October 1, 2010). pp. 399-406].
BASICS & DEVELOPMENTS
Childhood lead-paint poisoning is virtually an epidemic in Baltimore. Statistics reveal that roughly 54 percent of poor Black children, and maybe about 12 percent of affluent, middle-class White children living in East Coast urban areas such as Baltimore, annually ingest enough lead to cause an
appreciable drop in IQ. THIS, BY ITSELF, DOES NOT MEAN HOWEVER THAT THE LANDLORD IS ALWAYS AT FAULT.
Monday, December 23, 2013
The Lawyer's Mailbox: LEAD CASE DEFENSE : NEW & TOUGHER D. C. LEAD-PAINT...
The Lawyer's Mailbox: LEAD CASE DEFENSE : NEW & TOUGHER D. C. LEAD-PAINT...: www.charlesjeromeware.com . " We are here to make a difference. We fight and you win." The national law firm of Charles Jerome Wa...
LEAD CASE DEFENSE : NEW & TOUGHER D. C. LEAD-PAINT LAW,www.charlesjeromeware.com
www.charlesjeromeware.com. " We are here to make a difference. We fight and you win."
The national law firm of Charles Jerome Ware, P. A., Attorneys & Counselors, is well-known and respected as a pre-eminent lead paint and lead poisoning defense firm. We are conveniently headquartered in the D.C and Baltimore metropolitan area. For an initial courtesy consultation, contact us at (410) 720-6129 or (410) 730-5016.
If the home in which you live or rent in the District of Columbia was built before 1978, chances are high that there is present in the property, or was at some point, lead paint. It has been found that exposure to lead (where the paint is peeling or chipping) is a serious health hazard, especially to young children who eat paint chips or chew on lead-based window sills.
In 1978, the federal government banned lead-based paint from housing and required home sellers and landlords to disclose any known information about lead paint in the property to prospective buyers and tenants. Further, as of April 22nd, 2010, contractors who renovate more than two square feet of painted surfaces built before 1978 must be certified lead-safe under the guidelines issued by the Environmental Protection Agency (EPA). In addition to the federal disclosures, many states (including Maryland and Virginia, inter alia ) have their own disclosure form that must be provided to prospective buyers and tenants.
D. C. has now joined these states. D.C.'s Lead-Hazard Prevention and Elimination Act requires owners of residential properties built before 1978 to disclose any information reasonably known to the property owner about the presence of lead-based paint, lead-based paint hazards, and any pending actions related to lead ordered by a District government. The disclosures must be provided to prospective buyers or tenants, and must occur before they are obligated under any contract to purchase or lease the property.
The disclosures must be made on the form issued by DDOE [ see D. C. Code, section 8-231.04 for these statutory provisions, and please read the instructions provided with the form for additional information about federal disclosure requirements. There are additional significant implementation details in the District regulations promulgated on July 26, 2013, specifically in section 3313 of the regulations.
{ see DDOE, Lead Paint Disclosure and Instructions, Tuesday, July 30, 2013; www.washingtonpost.com/realestate/DC Toughens Lead Paint Disclosure Requirements/June 1, 2012]
The national law firm of Charles Jerome Ware, P. A., Attorneys & Counselors, is well-known and respected as a pre-eminent lead paint and lead poisoning defense firm. We are conveniently headquartered in the D.C and Baltimore metropolitan area. For an initial courtesy consultation, contact us at (410) 720-6129 or (410) 730-5016.
If the home in which you live or rent in the District of Columbia was built before 1978, chances are high that there is present in the property, or was at some point, lead paint. It has been found that exposure to lead (where the paint is peeling or chipping) is a serious health hazard, especially to young children who eat paint chips or chew on lead-based window sills.
In 1978, the federal government banned lead-based paint from housing and required home sellers and landlords to disclose any known information about lead paint in the property to prospective buyers and tenants. Further, as of April 22nd, 2010, contractors who renovate more than two square feet of painted surfaces built before 1978 must be certified lead-safe under the guidelines issued by the Environmental Protection Agency (EPA). In addition to the federal disclosures, many states (including Maryland and Virginia, inter alia ) have their own disclosure form that must be provided to prospective buyers and tenants.
D. C. has now joined these states. D.C.'s Lead-Hazard Prevention and Elimination Act requires owners of residential properties built before 1978 to disclose any information reasonably known to the property owner about the presence of lead-based paint, lead-based paint hazards, and any pending actions related to lead ordered by a District government. The disclosures must be provided to prospective buyers or tenants, and must occur before they are obligated under any contract to purchase or lease the property.
The disclosures must be made on the form issued by DDOE [ see D. C. Code, section 8-231.04 for these statutory provisions, and please read the instructions provided with the form for additional information about federal disclosure requirements. There are additional significant implementation details in the District regulations promulgated on July 26, 2013, specifically in section 3313 of the regulations.
{ see DDOE, Lead Paint Disclosure and Instructions, Tuesday, July 30, 2013; www.washingtonpost.com/realestate/DC Toughens Lead Paint Disclosure Requirements/June 1, 2012]
Tuesday, December 17, 2013
The Lawyer's Mailbox: MARYLAND OIL & GAS LEASES 101, by Attorney Charles...
The Lawyer's Mailbox: MARYLAND OIL & GAS LEASES 101, by Attorney Charles...: www.charlesjeromeware.com . " We are here to make a difference." (The contents of this blog are not intended to be legal advice, ...
MARYLAND OIL & GAS LEASES 101, by Attorney Charles J. Ware,www.charlesjeromeware.com
www.charlesjeromeware.com. " We are here to make a difference."
(The contents of this blog are not intended to be legal advice, nor should be interpreted as such.)
GAS (and probably some oil) LEASING IS COMING TO MARYLAND, especially Western Maryland. The " Marcellus shale" gas deposits in Maryland's Garrett County are expected to have production capacity similar (hopefully) to the capacities expected in the " Eagleford shale plays" in South Texas and some other "shale plays" in other areas around the U.S.
In our experience, the key to a successful relationship as an oil and/or gas owner(lessor) with a lessee (company driller) is an understanding of the oil and gas lease agreement. Certainly while understanding your oil and gas lease can take some work, the general contractual concepts and principles can be understood by almost anyone. Let me be clear: the oil and gas lease is, in fact, a contract; even though it is, for sure, a very specialized type of contract.
Like any contract of importance, the oil and gas lease must be read very closely and understood.
Many oil and gas leases are fairly straightforward; others are not. Understanding certain key sections depend upon your comprehension of the "industry terms" used .in the oil and gas business. learning and understanding these terms is crucial, but certainly not too difficult. The bottom line is that when you come to realize that the oil and gas lease is your friend(or ally) and not your enemy, you are well on your way to properly protecting your legal rights as the property owner.
In Maryland, for example, oil and gas industry officials predict that as many as 1,600 wells could be drilled on 128,000 acres of land already leased Western Maryland's Garrett County, and 637 wells could be drilled and sunk on 51,000 drillable acres in nearby Allegany County [source: Maryland Dept. of the Environment, which regulates drilling in Maryland].
All parties to these leases should remember and consider that everyone affected by the drillings, including the involved communities, must be protected. Contaminated streams and other harm to the environment must be avoided, and the residents of these generally economically-depressed mountain regions must not be short-changed financially. Well-crafted leases can help avoid these negative results.
To be sure, leasing your mineral rights (estate), whether it is oil, gas or underground minerals, can be profitable, assuming care is taken to negotiate the lease and protect the land from long-term liability and damage.
At the very least, all of the following provisions should be covered in the lease : liability, water rights and water protection, "pooling" and unitization, assignment of rights,liens, underground storage rights, termination, reclamation and decommissioning, condemnation, and other relevant issues (miscellaneous).
(The contents of this blog are not intended to be legal advice, nor should be interpreted as such.)
GAS (and probably some oil) LEASING IS COMING TO MARYLAND, especially Western Maryland. The " Marcellus shale" gas deposits in Maryland's Garrett County are expected to have production capacity similar (hopefully) to the capacities expected in the " Eagleford shale plays" in South Texas and some other "shale plays" in other areas around the U.S.
In our experience, the key to a successful relationship as an oil and/or gas owner(lessor) with a lessee (company driller) is an understanding of the oil and gas lease agreement. Certainly while understanding your oil and gas lease can take some work, the general contractual concepts and principles can be understood by almost anyone. Let me be clear: the oil and gas lease is, in fact, a contract; even though it is, for sure, a very specialized type of contract.
Like any contract of importance, the oil and gas lease must be read very closely and understood.
Many oil and gas leases are fairly straightforward; others are not. Understanding certain key sections depend upon your comprehension of the "industry terms" used .in the oil and gas business. learning and understanding these terms is crucial, but certainly not too difficult. The bottom line is that when you come to realize that the oil and gas lease is your friend(or ally) and not your enemy, you are well on your way to properly protecting your legal rights as the property owner.
In Maryland, for example, oil and gas industry officials predict that as many as 1,600 wells could be drilled on 128,000 acres of land already leased Western Maryland's Garrett County, and 637 wells could be drilled and sunk on 51,000 drillable acres in nearby Allegany County [source: Maryland Dept. of the Environment, which regulates drilling in Maryland].
All parties to these leases should remember and consider that everyone affected by the drillings, including the involved communities, must be protected. Contaminated streams and other harm to the environment must be avoided, and the residents of these generally economically-depressed mountain regions must not be short-changed financially. Well-crafted leases can help avoid these negative results.
To be sure, leasing your mineral rights (estate), whether it is oil, gas or underground minerals, can be profitable, assuming care is taken to negotiate the lease and protect the land from long-term liability and damage.
At the very least, all of the following provisions should be covered in the lease : liability, water rights and water protection, "pooling" and unitization, assignment of rights,liens, underground storage rights, termination, reclamation and decommissioning, condemnation, and other relevant issues (miscellaneous).
Friday, December 13, 2013
The Lawyer's Mailbox: NIGERIAN SCAMS ALERT: LAWYERS ARE VICTIMS TOO !
The Lawyer's Mailbox: NIGERIAN SCAMS ALERT: LAWYERS ARE VICTIMS TOO !: www.charlesjeromeware.com . " We are here to make a difference. We fight, you win." [See in support of this blog: Chapter 11, &qu...
NIGERIAN SCAMS ALERT: LAWYERS ARE VICTIMS TOO !
www.charlesjeromeware.com. " We are here to make a difference. We fight, you win."
[See in support of this blog: Chapter 11, " The 'Nigerian', 'The Singapore', The ' Irish Lottery',
And Other Internet Scams", Legal Consumer Tips And Secrets --- Avoiding Debtors' Prison in the United States, by Charles Jerome Ware; and http://www.abajournal.com/news/article/Dec. 9, 2013/ Unwitting lawyer Is Suspended For Arranging Client Loans To Secure Nigerian Inheritance]
Ahhhhh, the old Nigerian scam ! Recently, another victim/culprit --- an Iowa lawyer --- who allegedly believed his client was due to inherit $ 18.8 million from a long-lost Nigerian cousin was suspended from the practice of law for a year for tapping clients for loans in a failed effort to reap the windfall. It was all a scam.
Typically for these types of Nigerian scams, the suspended lawyer ---Robert Allan Wright, Jr. --- believed his " lucky" client had to pay $ 177,660.00 in " Nigerian inheritance taxes" and additional cash for an " anti-terrorism certificate' before receiving the money. Wright charged a 10 percent contingency, which would amount to $1.8 million if successful, to help his client obtain the alleged Nigerian inheritance. Among other issues of concern in the case, the Iowa Supreme Court said Wright failed to engage in due diligence by not investigating the scheme properly, and the lawyer's interest in obtaining the 10% contingency fee was adverse to the interests of the clients who made
the loans.
In the gullibility department, the Iowa Supreme Court Disciplinary Board concluded that lawyer
Wright " appears to have honestly believed --- and continues to believe --- that one day a trunk full of... one hundred dollar bills is going to appear upon his office doorstep."
[See in support of this blog: Chapter 11, " The 'Nigerian', 'The Singapore', The ' Irish Lottery',
And Other Internet Scams", Legal Consumer Tips And Secrets --- Avoiding Debtors' Prison in the United States, by Charles Jerome Ware; and http://www.abajournal.com/news/article/Dec. 9, 2013/ Unwitting lawyer Is Suspended For Arranging Client Loans To Secure Nigerian Inheritance]
Ahhhhh, the old Nigerian scam ! Recently, another victim/culprit --- an Iowa lawyer --- who allegedly believed his client was due to inherit $ 18.8 million from a long-lost Nigerian cousin was suspended from the practice of law for a year for tapping clients for loans in a failed effort to reap the windfall. It was all a scam.
Typically for these types of Nigerian scams, the suspended lawyer ---Robert Allan Wright, Jr. --- believed his " lucky" client had to pay $ 177,660.00 in " Nigerian inheritance taxes" and additional cash for an " anti-terrorism certificate' before receiving the money. Wright charged a 10 percent contingency, which would amount to $1.8 million if successful, to help his client obtain the alleged Nigerian inheritance. Among other issues of concern in the case, the Iowa Supreme Court said Wright failed to engage in due diligence by not investigating the scheme properly, and the lawyer's interest in obtaining the 10% contingency fee was adverse to the interests of the clients who made
the loans.
In the gullibility department, the Iowa Supreme Court Disciplinary Board concluded that lawyer
Wright " appears to have honestly believed --- and continues to believe --- that one day a trunk full of... one hundred dollar bills is going to appear upon his office doorstep."
Thursday, December 12, 2013
The Lawyer's Mailbox: 40 MORE NFL HEAD - INJURY CASES, www.charlesjerom...
The Lawyer's Mailbox: 40 MORE NFL HEAD - INJURY CASES, www.charlesjerom...: www.charlesjeromeware.com . "We are here to make a difference. We fight, you win." Forty (40) more former National Football Leag...
The Lawyer's Mailbox: 40 MORE NFL HEAD - INJURY CASES, www.charlesjerom...
The Lawyer's Mailbox: 40 MORE NFL HEAD - INJURY CASES, www.charlesjerom...: www.charlesjeromeware.com . "We are here to make a difference. We fight, you win." Forty (40) more former National Football Leag...
40 MORE NFL HEAD - INJURY CASES, www.charlesjeromeware.com
www.charlesjeromeware.com. "We are here to make a difference. We fight, you win."
Forty (40) more former National Football League (NFL) players, including former quarterback Craig Morton
and former Pro Bowl player Koren Robinson, have filed federal civil lawsuits alleging that the NFL has not done enough to prevent head injuries. The suits also claim the NFL had medical evidence of the toll head injuries take on players but " produced industry-funded, biased, and falsified research" which essentially minimized the impact of head injuries in the sport.
[http://msn.foxsports.com/nfl/story/December 12,2013/NFL Faces More Suits For Head Injuries]
Forty (40) more former National Football League (NFL) players, including former quarterback Craig Morton
and former Pro Bowl player Koren Robinson, have filed federal civil lawsuits alleging that the NFL has not done enough to prevent head injuries. The suits also claim the NFL had medical evidence of the toll head injuries take on players but " produced industry-funded, biased, and falsified research" which essentially minimized the impact of head injuries in the sport.
[http://msn.foxsports.com/nfl/story/December 12,2013/NFL Faces More Suits For Head Injuries]
MARYLAND CRIMINAL DEFENSE ALERT: METH INTOXICATION DEFENSE,www.charlesjeromeware.com
www.charlesjeromeware.com. " We are here to make a difference. We fight, you win."
The Supreme Court of the United States (SCOTUS) has ruled that the 5th Amendment does not bar the prosecution in a criminal case from introducing evidence from a court-ordered mental exam of a defendant to rebut the defendant's methamphetamine defense.
The defendant, Scott Cheever, was convicted of fatally shooting a sheriff's deputy in a home where he was hiding after a friend warned him that police were on the way. defendant Cheever's lawyers had argued that his methamphetamine use made him incapable of premeditation and his long-time use of the drug had damaged his brain. The prosecution, however, rebutted the defense with evidence from a court-ordered psychiatric examination in an effort to show that Cheever was affected by his antisocial personality, rather than drug use.
The prosecution rebuttal evidence does not violate the 5th Amendment, wrote SCOTUS Justice Sonia Sotomayor for the unanimous court. " The [prosecution] permissibly followed where the defense led", she wrote in the opinion.
[KANSAS v. CHEEVER, No. 12-609, Decided December 11, 2013, SCOTUS; also cited at 571 U. S. _____ (2013); www.abajournal.com/news/article/Meth Intoxication Defense, December 11, 2013; and SCOTUSblog ]
The Supreme Court of the United States (SCOTUS) has ruled that the 5th Amendment does not bar the prosecution in a criminal case from introducing evidence from a court-ordered mental exam of a defendant to rebut the defendant's methamphetamine defense.
The defendant, Scott Cheever, was convicted of fatally shooting a sheriff's deputy in a home where he was hiding after a friend warned him that police were on the way. defendant Cheever's lawyers had argued that his methamphetamine use made him incapable of premeditation and his long-time use of the drug had damaged his brain. The prosecution, however, rebutted the defense with evidence from a court-ordered psychiatric examination in an effort to show that Cheever was affected by his antisocial personality, rather than drug use.
The prosecution rebuttal evidence does not violate the 5th Amendment, wrote SCOTUS Justice Sonia Sotomayor for the unanimous court. " The [prosecution] permissibly followed where the defense led", she wrote in the opinion.
[KANSAS v. CHEEVER, No. 12-609, Decided December 11, 2013, SCOTUS; also cited at 571 U. S. _____ (2013); www.abajournal.com/news/article/Meth Intoxication Defense, December 11, 2013; and SCOTUSblog ]
Saturday, December 7, 2013
Thursday, December 5, 2013
The Lawyer's Mailbox: DEATH PENALTY: TENNESSEE ESCALATES EXECUTIONS
The Lawyer's Mailbox: DEATH PENALTY: TENNESSEE ESCALATES EXECUTIONS: www.charlesjeromeware.com . "We are here to make a difference. We fight, you win." The state of Tennessee is making an unprecede...
DEATH PENALTY: TENNESSEE ESCALATES EXECUTIONS
www.charlesjeromeware.com. "We are here to make a difference. We fight, you win."
The state of Tennessee is making an unprecedented push to execute 10 death row inmates .
Tennessee has executed only six inmates since 1960 and none since 2009. Now the state's attorney
general, Robert Cooper, has asked the Tennessee's highest court (the state supreme court) to set the
execution dates in " an unprecedented push to carry out the death penalty." The 10 inmates have
been on death row for an average of more than 27 years.
Executions were put on hold by Tennessee in 2011 because the state could not obtain one of the
drugs used for lethal injection. The state now has the drug and is prepared to use it.
[www.abajournal.com/news/article/After Four Years Without An Execution, Tennessee Seeks Dates For 10 Lethal Injections; www.tennessean.com/12-05-2013/TN Makes Unprecedented Push To Execute 10 Killers/ Brian Haas ]
The state of Tennessee is making an unprecedented push to execute 10 death row inmates .
Tennessee has executed only six inmates since 1960 and none since 2009. Now the state's attorney
general, Robert Cooper, has asked the Tennessee's highest court (the state supreme court) to set the
execution dates in " an unprecedented push to carry out the death penalty." The 10 inmates have
been on death row for an average of more than 27 years.
Executions were put on hold by Tennessee in 2011 because the state could not obtain one of the
drugs used for lethal injection. The state now has the drug and is prepared to use it.
[www.abajournal.com/news/article/After Four Years Without An Execution, Tennessee Seeks Dates For 10 Lethal Injections; www.tennessean.com/12-05-2013/TN Makes Unprecedented Push To Execute 10 Killers/ Brian Haas ]
Wednesday, December 4, 2013
The Lawyer's Mailbox: Rain Cloud Dialogue
The Lawyer's Mailbox: Rain Cloud Dialogue: Two rain clouds are talking to each: #1 says to #2 : " Hey, did you lose weight ?" #2 replied: " Yeah, I just peed on the ...
Rain Cloud Dialogue
Two rain clouds are talking to each:
#1 says to #2 : " Hey, did you lose weight ?"
#2 replied: " Yeah, I just peed on the last town we went over."
#3 concluded: " Cool."
#1 says to #2 : " Hey, did you lose weight ?"
#2 replied: " Yeah, I just peed on the last town we went over."
#3 concluded: " Cool."
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