Wednesday, April 30, 2014
The Lawyer's Mailbox: PARDON ME : BASIC MARYLAND PARDONS 101, www.charle...
The Lawyer's Mailbox: PARDON ME : BASIC MARYLAND PARDONS 101, www.charle...: www.charlesjeromeware.com "Here to make a difference". Attorney Charles Ware 's nationally-respected and highly regarded ...
PARDON ME : BASIC MARYLAND PARDONS 101, www.charlesjeromeware.com
www.charlesjeromeware.com "Here to make a difference".
Attorney Charles Ware 's nationally-respected and highly regarded law firm --- Charles Jerome Ware, Attorneys & Counselors, LLC --- is conveniently located in Columbia, Howard County, Maryland, near the Columbia Mall. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129. The content of this blog is not intended to be legal advice, nor does it establish an attorney-client relationship with the reader nor anyone else.
--- PARDON ME : BASIC MARYLAND PARDONS 101 ---
A. Legal Effects of a Pardon in Maryland.
1. A pardon is not the only manner in which a person may have their rights restored after a conviction. In Maryland, some rights may be restored after an expungement, or upon completion of a sentence, or after a period of parole or probation.
2. A pardon in Maryland does not necessarily erase or eliminate a conviction from a person's record. Generally, the conviction records continue to exist in both court and law enforcement files, unless the person obtains an expungement from the court that originally presided over the case.
To be sure, however, a pardon is still good to have.
3. Employment impact of a Pardon.
Many professions require licenses. Licensing agencies for each profession operate under their own rules, laws and policies -- and are very frequently different from each other. Some agencies will not issue a license to convicted felon even if they are pardoned; some will consider a convicted felon only if he or she has received a pardon; and others do not require a pardon. Check with the particular potential employer and/or licensing agency first.
4. Even if the applicant is fortunate to receive a pardon, he or she still must answer "yes" if asked whether they have been convicted of a felony or misdemeanor on an employment or license application.
5, Right to Vote.
In Maryland, if a person is a first-time offender for theft or infamous crime, other than buying or selling votes, that person's right to vote is AUTOMATICALLY restored upon completion of their sentence, including any probation or parole [' see, section 3-102 (b) of the Election Article].
< see next : " Pardon Me: Basic Maryland Pardons 202 ", www.charlesjeromeware.com >
Attorney Charles Ware 's nationally-respected and highly regarded law firm --- Charles Jerome Ware, Attorneys & Counselors, LLC --- is conveniently located in Columbia, Howard County, Maryland, near the Columbia Mall. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129. The content of this blog is not intended to be legal advice, nor does it establish an attorney-client relationship with the reader nor anyone else.
--- PARDON ME : BASIC MARYLAND PARDONS 101 ---
A. Legal Effects of a Pardon in Maryland.
1. A pardon is not the only manner in which a person may have their rights restored after a conviction. In Maryland, some rights may be restored after an expungement, or upon completion of a sentence, or after a period of parole or probation.
2. A pardon in Maryland does not necessarily erase or eliminate a conviction from a person's record. Generally, the conviction records continue to exist in both court and law enforcement files, unless the person obtains an expungement from the court that originally presided over the case.
To be sure, however, a pardon is still good to have.
3. Employment impact of a Pardon.
Many professions require licenses. Licensing agencies for each profession operate under their own rules, laws and policies -- and are very frequently different from each other. Some agencies will not issue a license to convicted felon even if they are pardoned; some will consider a convicted felon only if he or she has received a pardon; and others do not require a pardon. Check with the particular potential employer and/or licensing agency first.
4. Even if the applicant is fortunate to receive a pardon, he or she still must answer "yes" if asked whether they have been convicted of a felony or misdemeanor on an employment or license application.
5, Right to Vote.
In Maryland, if a person is a first-time offender for theft or infamous crime, other than buying or selling votes, that person's right to vote is AUTOMATICALLY restored upon completion of their sentence, including any probation or parole [' see, section 3-102 (b) of the Election Article].
< see next : " Pardon Me: Basic Maryland Pardons 202 ", www.charlesjeromeware.com >
The Lawyer's Mailbox: " DUID" in MARYLAND : DRIVING UNDER THE INFLUENCE...
The Lawyer's Mailbox: " DUID" in MARYLAND : DRIVING UNDER THE INFLUENCE...: www.charlesjeromeware.com " Here to make a difference". Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier, n...
" DUID" in MARYLAND : DRIVING UNDER THE INFLUENCE OF DRUGS in MARYLAND
www.charlesjeromeware.com " Here to make a difference".
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier, nationally-respected, and highly-regarded DUI/DWI/DUID defense attorney. His national, highly successful law firm is conveniently headquartered in Columbia, Howard County, Maryland.
Among his numerous awards, honors and achievements, Attorney Ware is recognized by the AIDUIA (the American Institute of DUI/DWI Attorneys) among "Maryland's 10 BEST DUI/DWI Attorneys".
For an initial , confidential courtesy consultation, contact Attorney Ware at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
Question: What is driving under the influence of drugs (DUID) ?
Answer: Driving under the influence of drugs (DUID) was created by states to make drug-induced driving a separate and a more specific crime than the general driving while intoxicated laws. Every state now has some form or version of DUID crimes in their laws, but the methodology of testing and the punishments vary widely.
Critics of DUID laws say these laws are unfair because, unlike alcohol sobriety tests, many DUID tests do not test for actual intoxication from drugs, but only for the presence of chemical changes ( called "metabolites") in the body that prove drugs have been taken at some point in the past few days. This means that, in states that use such tests, one can use drugs on Friday, recover completely from their effects, and yet still be arrested on Monday for DUID, despite being sober at the time.< see and hear more; contact Attorney Charles Jerome Ware >
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier, nationally-respected, and highly-regarded DUI/DWI/DUID defense attorney. His national, highly successful law firm is conveniently headquartered in Columbia, Howard County, Maryland.
Among his numerous awards, honors and achievements, Attorney Ware is recognized by the AIDUIA (the American Institute of DUI/DWI Attorneys) among "Maryland's 10 BEST DUI/DWI Attorneys".
For an initial , confidential courtesy consultation, contact Attorney Ware at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
Question: What is driving under the influence of drugs (DUID) ?
Answer: Driving under the influence of drugs (DUID) was created by states to make drug-induced driving a separate and a more specific crime than the general driving while intoxicated laws. Every state now has some form or version of DUID crimes in their laws, but the methodology of testing and the punishments vary widely.
Critics of DUID laws say these laws are unfair because, unlike alcohol sobriety tests, many DUID tests do not test for actual intoxication from drugs, but only for the presence of chemical changes ( called "metabolites") in the body that prove drugs have been taken at some point in the past few days. This means that, in states that use such tests, one can use drugs on Friday, recover completely from their effects, and yet still be arrested on Monday for DUID, despite being sober at the time.< see and hear more; contact Attorney Charles Jerome Ware >
The Lawyer's Mailbox: DOES DUI or DWI AFFECT EMPLOYMENT ? : Howard Count...
The Lawyer's Mailbox: DOES DUI or DWI AFFECT EMPLOYMENT ? : Howard Count...: www.charlesjeromeware.com "Here to make a difference". Charles Jerome Ware is a premier nationally-respected and highly-regard...
DOES DUI or DWI AFFECT EMPLOYMENT ? : Howard County, Maryland Update
www.charlesjeromeware.com "Here to make a difference".
Charles Jerome Ware is a premier nationally-respected and highly-regarded DUI/DWI and Employment attorney. Attorney Ware is recognized by the American Institute of DUI/DWI Attorneys
(AIDUIA) as " One of Maryland's 10 BEST DUI/DWI Attorneys", as well as by THE WASHINGTON POST as one of the four(4) top employment and discrimination lawyers in the United States.
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Columbia, Howard County, Maryland-based national boutique law firm. For an initial, confidential and courtesy consultation with Attorney Ware or his associates, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
Question: How does a DUI or DWI affect a person's employment ?
ANSWER : It depends.
A conviction for driving under the influence of alcohol (DUI) or driving while intoxicated (DWI), or driving under the influence of drugs ( DUID), does not necessarily preclude an otherwise qualified candidate from employment nor an otherwise good employee from continued employment. It depends on the job, the employee and the employer.
An employer my, however, inquire further into the circumstances of the charge, what the employee or job candidate has done to mitigate the circumstances of the arrest and conviction, and how future arrests or convictions may affect the person's employment status. Employees who drive for a living (such as individuals with a Commercial Drivers License (CDL)) are particularly vulnerable, and my be unable to gain or maintain employment with a DUI or DWI due to the increased cost by employers to insure the employee with this type of criminal history. In many circumstances, drivers with a CDL could lose it. Of course, for a valued employee the employer may opt for changing the employee's duties and responsibilities to those which do not require or involve the operation of a vehicle, aircraft or watercraft.
The relatively unique concept of at-will employment is important in the context of a DUI or DWI, because it allows the employer to terminate the employee for virtually any or no reason, with the exception of certain Federally -mandated causes of action such as discrimination, retaliation, etc. Federal law does protect certain potential job candidates from discrimination based on certain prior convictions. Employees under an employment contract also may be terminated if the terms of employment are dependent upon the employee avoiding criminal arrests and convictions.
Here in Maryland, and particularly in Howard County where many high-security federal employees and federal contractors live and work, the risks for job termination of DUI and DWI employees are probably higher than anyplace else in the United States. High-security jobs require thorough and stringent background checks and employee behavior.
Charles Jerome Ware is a premier nationally-respected and highly-regarded DUI/DWI and Employment attorney. Attorney Ware is recognized by the American Institute of DUI/DWI Attorneys
(AIDUIA) as " One of Maryland's 10 BEST DUI/DWI Attorneys", as well as by THE WASHINGTON POST as one of the four(4) top employment and discrimination lawyers in the United States.
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Columbia, Howard County, Maryland-based national boutique law firm. For an initial, confidential and courtesy consultation with Attorney Ware or his associates, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
Question: How does a DUI or DWI affect a person's employment ?
ANSWER : It depends.
A conviction for driving under the influence of alcohol (DUI) or driving while intoxicated (DWI), or driving under the influence of drugs ( DUID), does not necessarily preclude an otherwise qualified candidate from employment nor an otherwise good employee from continued employment. It depends on the job, the employee and the employer.
An employer my, however, inquire further into the circumstances of the charge, what the employee or job candidate has done to mitigate the circumstances of the arrest and conviction, and how future arrests or convictions may affect the person's employment status. Employees who drive for a living (such as individuals with a Commercial Drivers License (CDL)) are particularly vulnerable, and my be unable to gain or maintain employment with a DUI or DWI due to the increased cost by employers to insure the employee with this type of criminal history. In many circumstances, drivers with a CDL could lose it. Of course, for a valued employee the employer may opt for changing the employee's duties and responsibilities to those which do not require or involve the operation of a vehicle, aircraft or watercraft.
The relatively unique concept of at-will employment is important in the context of a DUI or DWI, because it allows the employer to terminate the employee for virtually any or no reason, with the exception of certain Federally -mandated causes of action such as discrimination, retaliation, etc. Federal law does protect certain potential job candidates from discrimination based on certain prior convictions. Employees under an employment contract also may be terminated if the terms of employment are dependent upon the employee avoiding criminal arrests and convictions.
Here in Maryland, and particularly in Howard County where many high-security federal employees and federal contractors live and work, the risks for job termination of DUI and DWI employees are probably higher than anyplace else in the United States. High-security jobs require thorough and stringent background checks and employee behavior.
The Lawyer's Mailbox: MARYLAND MASTER DUI & DWI DEFENSES : "ZINC DEFICIE...
The Lawyer's Mailbox: MARYLAND MASTER DUI & DWI DEFENSES : "ZINC DEFICIE...: www.charlesjeromeware.com "Here to make a difference". Attorney Charles Jerome Ware is recognized by his clients and his peer...
MARYLAND MASTER DUI & DWI DEFENSES : "ZINC DEFICIENCY"
www.charlesjeromeware.com "Here to make a difference".
Attorney Charles Jerome Ware is recognized by his clients and his peers as one of " MARYLAND's 10 BEST DUI and DWI DEFENSE ATTORNEYS", among numerous other legal excellence honors and awards. He and his law firm are locally and nationally highly-regarded and well-respected for their successful representation of clients in DUI and DWI cases.
For an initial courtesy consultation, contact Attorney Ware and his colleagues at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129. Let us help you.
One of the rare defenses used in DUI and DWI cases is the "deficiency of zinc" defenses.
Credible research indicates that in some DUI and DWI cases a high blood-alcohol level may not be indicative of alcohol consumption, but rather may be caused by a deficiency of zinc in the blood. In a study conducted at the University of North Dakota and reported in 46 American Journal of Clinical Nutrition 688 (1987), researchers experimented with the physiological effects of diets that had varied amounts of zinc. They discovered that the metabolism of alcohol was dramatically affected by zinc intake.
For instance, researchers found that for those subjects on a low zinc diet, blood-alcohol levels increased rapidly within 15 minutes of consumption of measured amounts of alcohol : roughly twice as much alcohol was present in their blood at this time as was present in those subjects on normal zinc diets. And, in addition, greater of alcohol remained in the blood for a longer period of time when there was a zinc deficiency --- that is, elimination rates were decreased.
In sum, an individual with an insufficient amount of zinc in his diet will have higher peak blood-alcohol concentrations, and the alcohol will remain in his blood for a longer period of time.
Attorney Charles Jerome Ware is recognized by his clients and his peers as one of " MARYLAND's 10 BEST DUI and DWI DEFENSE ATTORNEYS", among numerous other legal excellence honors and awards. He and his law firm are locally and nationally highly-regarded and well-respected for their successful representation of clients in DUI and DWI cases.
For an initial courtesy consultation, contact Attorney Ware and his colleagues at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129. Let us help you.
One of the rare defenses used in DUI and DWI cases is the "deficiency of zinc" defenses.
Credible research indicates that in some DUI and DWI cases a high blood-alcohol level may not be indicative of alcohol consumption, but rather may be caused by a deficiency of zinc in the blood. In a study conducted at the University of North Dakota and reported in 46 American Journal of Clinical Nutrition 688 (1987), researchers experimented with the physiological effects of diets that had varied amounts of zinc. They discovered that the metabolism of alcohol was dramatically affected by zinc intake.
For instance, researchers found that for those subjects on a low zinc diet, blood-alcohol levels increased rapidly within 15 minutes of consumption of measured amounts of alcohol : roughly twice as much alcohol was present in their blood at this time as was present in those subjects on normal zinc diets. And, in addition, greater of alcohol remained in the blood for a longer period of time when there was a zinc deficiency --- that is, elimination rates were decreased.
In sum, an individual with an insufficient amount of zinc in his diet will have higher peak blood-alcohol concentrations, and the alcohol will remain in his blood for a longer period of time.
Tuesday, April 29, 2014
The Lawyer's Mailbox: BALTIMORE'S "INVISIBLE DANGER": LEAD PAINT,www.cha...
The Lawyer's Mailbox: BALTIMORE'S "INVISIBLE DANGER": LEAD PAINT,www.cha...: www.charlesjeromeware.com " Here to make a difference." Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier le...
"BALD"--BALTIMORE AREA LEAD DEFENSE,www.charlesjeromeware.com
www.charlesjeromeware.com "Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland-based national lead-paint defense law firm. The firm is highly-regarded and well-respected for its successful legal representation of landlords and landowners in lead-based paint civil lawsuits. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
There are several recommendations that we make to our Baltimore- area landlords with regard to
preventing (and prevailing in) lead-based paint poisoning litigation, including:
1. Before renting a housing unit to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the unit.
2. Inspect the unit with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions.
3. Conduct periodic inspections of each residential unit and follow the same procedure with respect to the maintenance of inspection sheets signed by tenants.
4. Treat all complaints of flaking or peeling paint conditions as emergencies requiring immediate attention.
5. Do not do your own repairs or renovations on the unit. retain licensed and insured contractors with experience in the field to perform any required abatement work.
6. Maintenance -- maintenance --maintenance. Paint (certainly at least the interior) your housing units about every three years and maintain copious records of all maintenance, repair, and paint work performed within each unit.
7. If denied access to an apartment to perform an inspection or maintenance work on the unit, document the denial within the tenant's folder contemporaneously with the denial and follow-up with a letter to the tenant confirming the failure to gain access to the unit.
8.Remember: Lead-based paint in good condition is usually not harmful. The key is maintenance of the property.
9. Lead paint disclosure or notice to tenants is very important. If the residential unit was built before 1978, landlords must inform the residents or applicants that the possibility of lead paint exists. The 1992 Federal Residential Lead-Based Paint Hazard Reduction Act, also known as Title X, requires disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most residential units.
10. Be ever mindful that residential lead-based paint exposure is indeed a public health crisis in certain neighborhoods in Baltimore.
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland-based national lead-paint defense law firm. The firm is highly-regarded and well-respected for its successful legal representation of landlords and landowners in lead-based paint civil lawsuits. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
There are several recommendations that we make to our Baltimore- area landlords with regard to
preventing (and prevailing in) lead-based paint poisoning litigation, including:
1. Before renting a housing unit to a new tenant, require the prospective tenant to disclose the names and ages of all persons who will reside in the unit.
2. Inspect the unit with the prospective tenant and require the tenant to sign an inspection sheet confirming that each room is free of peeling, flaking, or other defective paint conditions.
3. Conduct periodic inspections of each residential unit and follow the same procedure with respect to the maintenance of inspection sheets signed by tenants.
4. Treat all complaints of flaking or peeling paint conditions as emergencies requiring immediate attention.
5. Do not do your own repairs or renovations on the unit. retain licensed and insured contractors with experience in the field to perform any required abatement work.
6. Maintenance -- maintenance --maintenance. Paint (certainly at least the interior) your housing units about every three years and maintain copious records of all maintenance, repair, and paint work performed within each unit.
7. If denied access to an apartment to perform an inspection or maintenance work on the unit, document the denial within the tenant's folder contemporaneously with the denial and follow-up with a letter to the tenant confirming the failure to gain access to the unit.
8.Remember: Lead-based paint in good condition is usually not harmful. The key is maintenance of the property.
9. Lead paint disclosure or notice to tenants is very important. If the residential unit was built before 1978, landlords must inform the residents or applicants that the possibility of lead paint exists. The 1992 Federal Residential Lead-Based Paint Hazard Reduction Act, also known as Title X, requires disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most residential units.
10. Be ever mindful that residential lead-based paint exposure is indeed a public health crisis in certain neighborhoods in Baltimore.
Monday, April 28, 2014
The Lawyer's Mailbox: BALTIMORE'S "INVISIBLE DANGER": LEAD PAINT,www.cha...
The Lawyer's Mailbox: BALTIMORE'S "INVISIBLE DANGER": LEAD PAINT,www.cha...: www.charlesjeromeware.com " Here to make a difference." Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier le...
BALTIMORE'S "INVISIBLE DANGER": LEAD PAINT,www.charlesjeromeware.com
www.charlesjeromeware.com " Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier lead-paint DEFENSE law firm. The firm is Maryland-based, and both highly-regarded as well as nationally-respected for its successful DEFENSE representation of landlord and land owner DEFENDANTS in civil lead-paint poisoning cases. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
As a lead-based paint litigation defense law firm, we are very much aware as well as sympathetic with the fact that, in many respects lead-based paint is one of Baltimore's " invisible dangers." This is true particularly in Baltimore homes that were built before 1978 and were/are likely targets of remodeling. Today, more than 24 million homes in the United States have chipping, peeling and otherwise ill-maintained lead-based paint or high levels of lead dust, according to the U.S. Department of Housing & Urban Development (HUD).
Although exposure to lead-based paint in any amount may be dangerous to many persons regardless of age, it should be observed also that lead-based paint in good condition is usually NOT harmful. Professional maintenance on residential units by Baltimore landlords is extremely important--- particularly in the war on lead-based paint.
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier lead-paint DEFENSE law firm. The firm is Maryland-based, and both highly-regarded as well as nationally-respected for its successful DEFENSE representation of landlord and land owner DEFENDANTS in civil lead-paint poisoning cases. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
As a lead-based paint litigation defense law firm, we are very much aware as well as sympathetic with the fact that, in many respects lead-based paint is one of Baltimore's " invisible dangers." This is true particularly in Baltimore homes that were built before 1978 and were/are likely targets of remodeling. Today, more than 24 million homes in the United States have chipping, peeling and otherwise ill-maintained lead-based paint or high levels of lead dust, according to the U.S. Department of Housing & Urban Development (HUD).
Although exposure to lead-based paint in any amount may be dangerous to many persons regardless of age, it should be observed also that lead-based paint in good condition is usually NOT harmful. Professional maintenance on residential units by Baltimore landlords is extremely important--- particularly in the war on lead-based paint.
The Lawyer's Mailbox: WASHINGTON, DC LEAD PAINT DEFENSE ATTORNEYS, www.c...
The Lawyer's Mailbox: WASHINGTON, DC LEAD PAINT DEFENSE ATTORNEYS, www.c...: www.charlesjeromeware.com "Here to make a difference." Charles Jerome Ware, Attorneys & Counselors, LLC, is a DC Metro a...
WASHINGTON, DC LEAD PAINT DEFENSE ATTORNEYS, www.charlesjeromeware.com
www.charlesjeromeware.com "Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, LLC, is a DC Metro area-headquartered, nationally
known and respected lead paint poisoning defense law firm with a premier reputation for successful defendant representation in lead-paint poisoning cases. For an initial courtesy consultation, contact the firm at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
LEAD PAINT POISONING PREVENTION IN WASHINGTON, DC : WHAT LAND OWNERS AND LANDLORDS SHOULD KNOW:
1. In an abundance of caution, any residential unit built in DC before 1978 must be considered and treated as though it contains lead-based paint. The exception to this admonition is that a certified lead risk assessor or expert has issued a competent report indicating that the entire residential property has been tested and is verified to contain no lead-based paint.
2. Remember that lead poisoning from lead-based paints is an invisible danger, especially in homes that were built prior to 1978, and are likely targets of remodeling.
3. For all pre-1978 built homes in DC, the landlord must inform the prospective residents that the possibility of lead paint exists. Pursuant to the 1992 Federal Residential Lead-Based Paint Hazard Reduction Act, also known as Title X, disclosure of known information on lead-based paint and lead-based paint hazards must be made before the sale or lease of a residential unit in DC.
4. Do not perform repairs or renovations on these units yourself. Hire Environmental Protection Agency (EPA) Renovation, Repair and Painting (RRP) Rule-certified professionals to do the work. Also, hire professional and certified lead-testing firms for lead detection in your residential units. Home test kits cannot always detect small levels of lead in paint.
5. Do not disturb the paint ! Remember that lead-based paint which is in good condition is NOT usually harmful. However, when that paint is disturbed, problems can start to occur.
Paint inside and outside the home should be regularly checked for chipping, peeling or deterioration.
6. Landlords should always be mindful that homes with lead-based paint must be handled with extreme care. < see more >
Charles Jerome Ware, Attorneys & Counselors, LLC, is a DC Metro area-headquartered, nationally
known and respected lead paint poisoning defense law firm with a premier reputation for successful defendant representation in lead-paint poisoning cases. For an initial courtesy consultation, contact the firm at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
LEAD PAINT POISONING PREVENTION IN WASHINGTON, DC : WHAT LAND OWNERS AND LANDLORDS SHOULD KNOW:
1. In an abundance of caution, any residential unit built in DC before 1978 must be considered and treated as though it contains lead-based paint. The exception to this admonition is that a certified lead risk assessor or expert has issued a competent report indicating that the entire residential property has been tested and is verified to contain no lead-based paint.
2. Remember that lead poisoning from lead-based paints is an invisible danger, especially in homes that were built prior to 1978, and are likely targets of remodeling.
3. For all pre-1978 built homes in DC, the landlord must inform the prospective residents that the possibility of lead paint exists. Pursuant to the 1992 Federal Residential Lead-Based Paint Hazard Reduction Act, also known as Title X, disclosure of known information on lead-based paint and lead-based paint hazards must be made before the sale or lease of a residential unit in DC.
4. Do not perform repairs or renovations on these units yourself. Hire Environmental Protection Agency (EPA) Renovation, Repair and Painting (RRP) Rule-certified professionals to do the work. Also, hire professional and certified lead-testing firms for lead detection in your residential units. Home test kits cannot always detect small levels of lead in paint.
5. Do not disturb the paint ! Remember that lead-based paint which is in good condition is NOT usually harmful. However, when that paint is disturbed, problems can start to occur.
Paint inside and outside the home should be regularly checked for chipping, peeling or deterioration.
6. Landlords should always be mindful that homes with lead-based paint must be handled with extreme care. < see more >
Saturday, April 26, 2014
The Lawyer's Mailbox: BALTIMORE LEAD PAINT CASES (2013): ROSS, SAWYER a...
The Lawyer's Mailbox: BALTIMORE LEAD PAINT CASES (2013): ROSS, SAWYER a...: www.charlesjeromeware.com . "Here to make a difference ." Charles Jerome Ware, Attorneys & Counselors, LLC, is a Baltimore...
BALTIMORE LEAD PAINT CASES (2013): ROSS, SAWYER and WALLACE
www.charlesjeromeware.com. "Here to make a difference ."
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Baltimore area-based national lead-paint defense law firm. The firm is highly-regarded and well-respected for its successful representation of defendants in lead-paint poisoning litigation in Baltimore and throughout Maryland. For an initial courtesy consultation, contact us at charlesjeromewae@msn.com. (410) 730-5016 or (410) 720-6129.
Cherie Ross v. Housing Authority of Baltimore City,___Md.__,___A.3d___, Md. Court of Appeals(No. 10, September Term, 2012, filed March 22, 2013);
Rodriques Sawyers, et al. v. Benno Lebovits, Md. Court of Appeals ( No. 7, September Term, 2013, filed April 22, 2103);
Antwon Wallace v. City Homes, Inc., Md. Court of Appeals ( No. 6, September Term, 2013, filed April 22, 2013).
All three of these Baltimore Circuit Court lead-paint case appeals in 2013 resulted in essentially the same key ruling by the Court : the Circuit Court did not abuse its discretion when it excluded the proposed testimony of an expert witness as to where the plaintiff's lead paint exposure may have come from. However, the Court also ruled that the exclusion of the expert testimony was not necessarily a fatal blow to the plaintiff's case. in sum, the Court concluded that the evidence about where lead paint exposure comes from can be proven in some cases without expert testimony.
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Baltimore area-based national lead-paint defense law firm. The firm is highly-regarded and well-respected for its successful representation of defendants in lead-paint poisoning litigation in Baltimore and throughout Maryland. For an initial courtesy consultation, contact us at charlesjeromewae@msn.com. (410) 730-5016 or (410) 720-6129.
Cherie Ross v. Housing Authority of Baltimore City,___Md.__,___A.3d___, Md. Court of Appeals(No. 10, September Term, 2012, filed March 22, 2013);
Rodriques Sawyers, et al. v. Benno Lebovits, Md. Court of Appeals ( No. 7, September Term, 2013, filed April 22, 2103);
Antwon Wallace v. City Homes, Inc., Md. Court of Appeals ( No. 6, September Term, 2013, filed April 22, 2013).
All three of these Baltimore Circuit Court lead-paint case appeals in 2013 resulted in essentially the same key ruling by the Court : the Circuit Court did not abuse its discretion when it excluded the proposed testimony of an expert witness as to where the plaintiff's lead paint exposure may have come from. However, the Court also ruled that the exclusion of the expert testimony was not necessarily a fatal blow to the plaintiff's case. in sum, the Court concluded that the evidence about where lead paint exposure comes from can be proven in some cases without expert testimony.
The Lawyer's Mailbox: LANDLORD LEAD PAINT MAINTENANCE COUNTS : MARYLAND ...
The Lawyer's Mailbox: LANDLORD LEAD PAINT MAINTENANCE COUNTS : MARYLAND ...: www,charlesjeromeware.com. "Here to make a difference". Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland &a...
LANDLORD LEAD PAINT MAINTENANCE COUNTS : MARYLAND AND D.C. LEAD CASE DEFENSE LAWYERS
www,charlesjeromeware.com. "Here to make a difference".
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland & D.C.-based national landlord lead-paint poisoning defense law firm. The firm is highly-regarded and well-respected for its numerous successful representations in defending its clients in lead poisoning cases. For an initial courtesy consultation, contact the firm at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
In this arena of lead-paint poisoning litigation, there exists a fact that we like to emphasize to all landlords --- particularly to our clients in Baltimore, Maryland and Washington, D.C. That fact is :
As the United States Environmental Protection Agency (EPA) has repeated stated ; Lead paint,
if it is well maintained and intact, typically poses no health risk.
The message, therefore, is simple for landlords : maintenance, maintenance , maintenance !
A documented well-maintained rental unit by the landlord is a substantial defense to a lead-paint poisoning case.
The EPA further stresses the enforcement of current law requiring property owners to keep their properties in a safe condition and free of lead hazards; stating this is the best way to reduce elevated blood lead levels in children.
Under the Residential Lead-Based Paint Hazard Reduction Act of 1992, landlords and sellers of residential units are required to disclose information on lead paint to prospective renters and buyers on al pre- 1978 housing.
Maintenance. Maintenance. Maintenance.
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland & D.C.-based national landlord lead-paint poisoning defense law firm. The firm is highly-regarded and well-respected for its numerous successful representations in defending its clients in lead poisoning cases. For an initial courtesy consultation, contact the firm at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
In this arena of lead-paint poisoning litigation, there exists a fact that we like to emphasize to all landlords --- particularly to our clients in Baltimore, Maryland and Washington, D.C. That fact is :
As the United States Environmental Protection Agency (EPA) has repeated stated ; Lead paint,
if it is well maintained and intact, typically poses no health risk.
The message, therefore, is simple for landlords : maintenance, maintenance , maintenance !
A documented well-maintained rental unit by the landlord is a substantial defense to a lead-paint poisoning case.
The EPA further stresses the enforcement of current law requiring property owners to keep their properties in a safe condition and free of lead hazards; stating this is the best way to reduce elevated blood lead levels in children.
Under the Residential Lead-Based Paint Hazard Reduction Act of 1992, landlords and sellers of residential units are required to disclose information on lead paint to prospective renters and buyers on al pre- 1978 housing.
Maintenance. Maintenance. Maintenance.
The Lawyer's Mailbox: D.C. LEAD PAINT DEFENDANTS SHOULD BE AWARE Of THIS...
The Lawyer's Mailbox: D.C. LEAD PAINT DEFENDANTS SHOULD BE AWARE Of THIS...: www.charlesjeromeware.com . "Here to make a difference". Charles Jerome Ware, Attorneys & Counselors, LLC, is a Washingt...
D.C. LEAD PAINT DEFENDANTS SHOULD BE AWARE Of THIS CASE: D.C. v. ROSS (1997)
www.charlesjeromeware.com. "Here to make a difference".
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Washington, D.C.- based national lead-paint poisoning defense law firm. The firm is highly-regarded and well-respected for its numerous successful representations of landlords and land owners in civil lead cases. For an initial courtesy
consultation, contact the firm at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
In District of Columbia v. Ross, 697 A.2d 14 (D.C. App. 1997), the court of appeals addressed the D.C. statute providing that any claims for damage to persons or property be commenced within 6 months after an injury.
The appellate court was called upon to decide when the plaintiff's injuries were actually sustained. In deciding to choose between the point at which the lead first manifested itself in the plaintiff's system and the point several years later when the plaintiff's neuropsychological damage was confirmed, the court held that the plaintiff sustained her injury when the harmful lead material entered her body.
The court was influenced by the purpose of the D.C. statute, which was to alert the District of Columbia to the possibility of future litigation so that it could promptly investigate the circumstances of the alleged incident, memorialize and transitory evidence, and otherwise posture itself for potential litigation should it arise.
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Washington, D.C.- based national lead-paint poisoning defense law firm. The firm is highly-regarded and well-respected for its numerous successful representations of landlords and land owners in civil lead cases. For an initial courtesy
consultation, contact the firm at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
In District of Columbia v. Ross, 697 A.2d 14 (D.C. App. 1997), the court of appeals addressed the D.C. statute providing that any claims for damage to persons or property be commenced within 6 months after an injury.
The appellate court was called upon to decide when the plaintiff's injuries were actually sustained. In deciding to choose between the point at which the lead first manifested itself in the plaintiff's system and the point several years later when the plaintiff's neuropsychological damage was confirmed, the court held that the plaintiff sustained her injury when the harmful lead material entered her body.
The court was influenced by the purpose of the D.C. statute, which was to alert the District of Columbia to the possibility of future litigation so that it could promptly investigate the circumstances of the alleged incident, memorialize and transitory evidence, and otherwise posture itself for potential litigation should it arise.
The Lawyer's Mailbox: BALTIMORE LEAD DEFENDANTS SHOULD KNOW ABOUT MD. ...
The Lawyer's Mailbox: BALTIMORE LEAD DEFENDANTS SHOULD KNOW ABOUT MD. ...: www.charlesjeromeware.com . "Here to make a difference". The Maryland Lead-Based Paint Poisoning Act [ Maryland Annotated Code...
BALTIMORE LEAD DEFENDANTS SHOULD KNOW ABOUT MD. ANN. CODE SECT. 6-802 (1996)
www.charlesjeromeware.com. "Here to make a difference".
The Maryland Lead-Based Paint Poisoning Act [ Maryland Annotated Code, Section 6-802 (1996); and Maryland Annotated Code, Section 67-817(b) (1996)]
Some Baltimore Lead Poisoning Legislative History :
In 1996 the State of Maryland passed the Lead Paint Poisoning Prevention Act as an emergency procedure based on the Act's inactivity as a regular bill. The statute was created to reduce the incidence of childhood lead poisoning, while maintaining the stock of available rental housing units --- particularly in Baltimore City.
The Act was a trailblazer in limiting liability for landlords in lead paint poisoning cases. It requires owners/landlords to register their housing units with the Maryland Department of Health and Mental Hygiene that are affected by lead. The owners then must implement a strict abatement procedure, with established time frames and a percentage of property that must be made lead-free by the established time of October 1, 2004.
The Maryland Lead-Based Paint Poisoning Act [ Maryland Annotated Code, Section 6-802 (1996); and Maryland Annotated Code, Section 67-817(b) (1996)]
Some Baltimore Lead Poisoning Legislative History :
In 1996 the State of Maryland passed the Lead Paint Poisoning Prevention Act as an emergency procedure based on the Act's inactivity as a regular bill. The statute was created to reduce the incidence of childhood lead poisoning, while maintaining the stock of available rental housing units --- particularly in Baltimore City.
The Act was a trailblazer in limiting liability for landlords in lead paint poisoning cases. It requires owners/landlords to register their housing units with the Maryland Department of Health and Mental Hygiene that are affected by lead. The owners then must implement a strict abatement procedure, with established time frames and a percentage of property that must be made lead-free by the established time of October 1, 2004.
Friday, April 25, 2014
The Lawyer's Mailbox: BALTIMORE & MARYLAND'S " GUIDE " TO LEAD PAINT DEF...
The Lawyer's Mailbox: BALTIMORE & MARYLAND'S " GUIDE " TO LEAD PAINT DEF...: www.charlesjeromeware.com " Here to make a difference". Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Ma...
BALTIMORE & MARYLAND'S " GUIDE " TO LEAD PAINT DEFENSE,www.charlesjeromeware.com
www.charlesjeromeware.com " Here to make a difference".
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based, highly-regarded and well-respected national landlord lead-paint DEFENSE law firm. The firm has successfully represented numerous landlords and/or land owners in Baltimore lead-paint litigation matters.
For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (4100 730-5016 or (410) 720-6129.
There is minimal doubt among the knowledgeable that Baltimore, Maryland and the Eastern Shore of Maryland have lead paint poisoning problems. The lead problem essentially originates from an abundance of older ( pre-1978) housing units. However, the mere fact that a landlord rents housing units built before 1978 does not automatically mean that the landlord is guilty of lead poisoning his or her tenants or visitors to the property. This fact is a starting point in our legal defense for our landlord lead-paint poisoning cases.
Maryland landlords --- and particularly, Baltimore, Maryland landlords --- must be aware of Maryland's Reduction of Lead Risk in Housing Law, which requires owners of rental properties built before 1950 to (1) register their housing units with the Maryland Department of the Environment (MDE), (2) distribute specific educational materials on lead issues, (3) and meet specific lead paint risk reduction standards at certain triggering events. < see more in our blogs>
Proper Maintenance of the housing unit and Notice to the Tenants are also very important :
In 1994, the Maryland Court of Appeals addressed these two issues concerning lead paint litigation.
In the case of Richwind Joint Ventures v. Brunson, 645 A.D.2d 1147 (1994), the Court ruled that a landlord's negligence for lead-paint poisoning of a tenant depended on "notice" of a particular defect and a " reasonable opportunity " to correct it. In Richwind, a landlord failed to disclose the lead risk to the tenant and failed to remove the hazard properly, even though it had a "reasonable opportunity" to do so. < see more in our blogs>
Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based, highly-regarded and well-respected national landlord lead-paint DEFENSE law firm. The firm has successfully represented numerous landlords and/or land owners in Baltimore lead-paint litigation matters.
For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (4100 730-5016 or (410) 720-6129.
There is minimal doubt among the knowledgeable that Baltimore, Maryland and the Eastern Shore of Maryland have lead paint poisoning problems. The lead problem essentially originates from an abundance of older ( pre-1978) housing units. However, the mere fact that a landlord rents housing units built before 1978 does not automatically mean that the landlord is guilty of lead poisoning his or her tenants or visitors to the property. This fact is a starting point in our legal defense for our landlord lead-paint poisoning cases.
Maryland landlords --- and particularly, Baltimore, Maryland landlords --- must be aware of Maryland's Reduction of Lead Risk in Housing Law, which requires owners of rental properties built before 1950 to (1) register their housing units with the Maryland Department of the Environment (MDE), (2) distribute specific educational materials on lead issues, (3) and meet specific lead paint risk reduction standards at certain triggering events. < see more in our blogs>
Proper Maintenance of the housing unit and Notice to the Tenants are also very important :
In 1994, the Maryland Court of Appeals addressed these two issues concerning lead paint litigation.
In the case of Richwind Joint Ventures v. Brunson, 645 A.D.2d 1147 (1994), the Court ruled that a landlord's negligence for lead-paint poisoning of a tenant depended on "notice" of a particular defect and a " reasonable opportunity " to correct it. In Richwind, a landlord failed to disclose the lead risk to the tenant and failed to remove the hazard properly, even though it had a "reasonable opportunity" to do so. < see more in our blogs>
The Lawyer's Mailbox: MARYLAND ATTY. CHARLES WARE SUES "CAPITOL HILL" FO...
The Lawyer's Mailbox: MARYLAND ATTY. CHARLES WARE SUES "CAPITOL HILL" FO...: www.charlesjeromeware.com " Here to make a difference". " Black Police Discrimination Complaint Gives Capitol Hill '...
The Lawyer's Mailbox: MARYLAND ATTY. CHARLES WARE SUES "CAPITOL HILL" FO...
The Lawyer's Mailbox: MARYLAND ATTY. CHARLES WARE SUES "CAPITOL HILL" FO...: www.charlesjeromeware.com " Here to make a difference". " Black Police Discrimination Complaint Gives Capitol Hill '...
MARYLAND ATTY. CHARLES WARE SUES "CAPITOL HILL" FOR DISCRIMINATION AGAINST BLACK OFFICERS
www.charlesjeromeware.com " Here to make a difference".
" Black Police Discrimination Complaint Gives Capitol Hill ' Black Eye' "
--- Use of KKK, ' N-word' reveals level of American racism, Black officers charge.
[ By; NNPA Washington Correspondent Hazel Trice Edney , The Washington Afro-American;
April 28, 2001 -- May 4, 2001; page A2 ].
EXCERPTED:
" In what is being called a 'black eye for Capitol Hill ' and a symptom of the level of racism in America, more than 200 members of the U. S. Capitol Black Police Association have filed a multi-million dollar class-action complaint against the police force and prominent members of the U. S. Congress, claiming rabid race and sex discrimination.
' This is a black eye for capitol Hill ', famed attorney Charles Jerome Ware , the Columbia, Maryland lawyer representing the 200-plus member group of Black officers, told NNPA... *****
The 50-page comprehensive complaint documents 15 race and gender-related charges and outlines outrageous incidents on the police force, which, according to the complaint, is 70 percent White male... *****
" Black Police Discrimination Complaint Gives Capitol Hill ' Black Eye' "
--- Use of KKK, ' N-word' reveals level of American racism, Black officers charge.
[ By; NNPA Washington Correspondent Hazel Trice Edney , The Washington Afro-American;
April 28, 2001 -- May 4, 2001; page A2 ].
EXCERPTED:
" In what is being called a 'black eye for Capitol Hill ' and a symptom of the level of racism in America, more than 200 members of the U. S. Capitol Black Police Association have filed a multi-million dollar class-action complaint against the police force and prominent members of the U. S. Congress, claiming rabid race and sex discrimination.
' This is a black eye for capitol Hill ', famed attorney Charles Jerome Ware , the Columbia, Maryland lawyer representing the 200-plus member group of Black officers, told NNPA... *****
The 50-page comprehensive complaint documents 15 race and gender-related charges and outlines outrageous incidents on the police force, which, according to the complaint, is 70 percent White male... *****
The Lawyer's Mailbox: COLUMBIA, MARYLAND LAWYER CHARLES WARE RETAINED BY...
The Lawyer's Mailbox: COLUMBIA, MARYLAND LAWYER CHARLES WARE RETAINED BY...: [From the Baltimore Sun Newspaper Archives, September 10, 1991; article written by Norris P. West, Staff Writer] : Ex-Atlanta May...
COLUMBIA, MARYLAND LAWYER CHARLES WARE RETAINED BY ATLANTA'S ANDREW YOUNG, JR.
[From the Baltimore Sun Newspaper Archives, September 10, 1991; article written by Norris P. West, Staff Writer] :
Ex-Atlanta Mayor Andrew Young's Son Charges That D. C. Police Beat Him ---
Howard University Student Andrew Young III Retains Prominent Columbia,
Maryland Lawyer.
The son of former Atlanta mayor Andrew Young is charging that officers of the Metropolitan
Police Department of Washington yanked him from his car and severely beat him during an
incident early Sunday, his attorney says. Andrew Young III, 18, a freshman at Howard University, told attorney Charles Jerome Ware yesterday that five or six officers attacked him near the University and broke his leg. The attorney, who practices in Columbia, Howard County and Washington, D. C., said he expects Young to file police brutality charges against the officers this week with the District's civilian complaint review board.
[see, www,charlesjeromeware.com]
Ex-Atlanta Mayor Andrew Young's Son Charges That D. C. Police Beat Him ---
Howard University Student Andrew Young III Retains Prominent Columbia,
Maryland Lawyer.
The son of former Atlanta mayor Andrew Young is charging that officers of the Metropolitan
Police Department of Washington yanked him from his car and severely beat him during an
incident early Sunday, his attorney says. Andrew Young III, 18, a freshman at Howard University, told attorney Charles Jerome Ware yesterday that five or six officers attacked him near the University and broke his leg. The attorney, who practices in Columbia, Howard County and Washington, D. C., said he expects Young to file police brutality charges against the officers this week with the District's civilian complaint review board.
[see, www,charlesjeromeware.com]
The Lawyer's Mailbox: GQ MAGAZINE : ATTY. CHARLES J. WARE, Pages 246 - ...
The Lawyer's Mailbox: GQ MAGAZINE : ATTY. CHARLES J. WARE, Pages 246 - ...: www.charlesjeromeware.com " Here to make a difference". Columbia, Howard County, Maryland Attorney Charles Jerome Ware featur...
GQ MAGAZINE : ATTY. CHARLES J. WARE, Pages 246 - 282, October 1998 Issue.
www.charlesjeromeware.com " Here to make a difference".
Columbia, Howard County, Maryland Attorney Charles Jerome Ware featured with Terrence Johnson in the article by Peter Richmond, titled " No Way Out ", page 232, in GQ MAGAZINE
( GENTLEMEN'S QUARTERLY MAGAZINE), Volume 68, Number 10, October 1998.
Columbia, Howard County, Maryland Attorney Charles Jerome Ware featured with Terrence Johnson in the article by Peter Richmond, titled " No Way Out ", page 232, in GQ MAGAZINE
( GENTLEMEN'S QUARTERLY MAGAZINE), Volume 68, Number 10, October 1998.
The Lawyer's Mailbox: " THE LANDLORD'S LAWYER" FOR DEFENSE IN BALTIMORE ...
The Lawyer's Mailbox: " THE LANDLORD'S LAWYER" FOR DEFENSE IN BALTIMORE ...: www.charlesjeromeware.com "Here to make a difference". Attorney Charles Ware is a principal in the Maryland- based national ...
" THE LANDLORD'S LAWYER" FOR DEFENSE IN BALTIMORE LEAD CASES,www.charlesjeromeware.com
www.charlesjeromeware.com "Here to make a difference".
Attorney Charles Ware is a principal in the Maryland- based national landlord lead-paint defense law firm of Charles Jerome Ware, Attorneys & Counselors, LLC. The firm is highly-regarded and well-respected for its successful defense representation on behalf of thousands of landlord clients in the Baltimore and Washington area. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129. We fight ; you win.
EIGHT (8) QUESTIONS THAT CAREFUL RESIDENTIAL PROPERTY LANDLORDS
SHOULD ASK THEMSELVES IN BALTIMORE AND WASHINGTON, include :
1. Was the property built before 1978 ?
2. Was the property regularly inspected for flaking paint by the landlord
or its agents prior to rental and during the tenancy ?
3. Was the property tested for lead ?
4. Were property repairs documented and accepted by the tenant ?
5. Was the paint at the property kept in pristine condition, with telltale
photos available from the time of rental through the entire tenancy ?
6. Were property evaluations done periodically and documented ?
7. If I had children, would I let them live at this property ?
8. Was the property covered by lead liability insurance ?
Attorney Charles Ware is a principal in the Maryland- based national landlord lead-paint defense law firm of Charles Jerome Ware, Attorneys & Counselors, LLC. The firm is highly-regarded and well-respected for its successful defense representation on behalf of thousands of landlord clients in the Baltimore and Washington area. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129. We fight ; you win.
EIGHT (8) QUESTIONS THAT CAREFUL RESIDENTIAL PROPERTY LANDLORDS
SHOULD ASK THEMSELVES IN BALTIMORE AND WASHINGTON, include :
1. Was the property built before 1978 ?
2. Was the property regularly inspected for flaking paint by the landlord
or its agents prior to rental and during the tenancy ?
3. Was the property tested for lead ?
4. Were property repairs documented and accepted by the tenant ?
5. Was the paint at the property kept in pristine condition, with telltale
photos available from the time of rental through the entire tenancy ?
6. Were property evaluations done periodically and documented ?
7. If I had children, would I let them live at this property ?
8. Was the property covered by lead liability insurance ?
Thursday, April 24, 2014
The Lawyer's Mailbox: MARYLAND TALKING,TEXTING & TRAVELING BY CAR : THE"...
The Lawyer's Mailbox: MARYLAND TALKING,TEXTING & TRAVELING BY CAR : THE"...: www.charlesjeromeware.com "Here to make a difference". Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland-he...
The Lawyer's Mailbox: MARYLAND TALKING,TEXTING & TRAVELING BY CAR : THE"...
The Lawyer's Mailbox: MARYLAND TALKING,TEXTING & TRAVELING BY CAR : THE"...: www.charlesjeromeware.com "Here to make a difference". Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland-he...
MARYLAND TALKING,TEXTING & TRAVELING BY CAR : THE" UNHOLY TRINITY" OF DRIVING,www.charlesjeromeware.com
www.charlesjeromeware.com "Here to make a difference".
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland-headquartered national traffic and criminal defense law firm with a highly-regarded and well-respected reputation for zealous and successful legal representation of its clients. For an initial confidential and courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (4110) 720-6129.
Talking, Texting and Traveling by car (or truck) is an "unholy trinity" for disaster in Maryland, and probably in most other states and jurisdictions in America. With the advent of Maryland's new (October 1st, 2013) law against handheld cellphone use while driving, law enforcement authorities are even more vigilant about the inherent dangers of talking and texting while traveling on the state's roads. If you are arrested or charged with distracted driving, call us.
distracted driving is a problem for anyone on the road, no matter where you live or travel. It is said that in Maryland alone, between 2007 and 2011, at least 152,000 people were injured in distracted driving accidents, and approximately 1,100 were killed. Be safe, and avoid the "unholy trinity". But, call us if you falter.
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland-headquartered national traffic and criminal defense law firm with a highly-regarded and well-respected reputation for zealous and successful legal representation of its clients. For an initial confidential and courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (4110) 720-6129.
Talking, Texting and Traveling by car (or truck) is an "unholy trinity" for disaster in Maryland, and probably in most other states and jurisdictions in America. With the advent of Maryland's new (October 1st, 2013) law against handheld cellphone use while driving, law enforcement authorities are even more vigilant about the inherent dangers of talking and texting while traveling on the state's roads. If you are arrested or charged with distracted driving, call us.
distracted driving is a problem for anyone on the road, no matter where you live or travel. It is said that in Maryland alone, between 2007 and 2011, at least 152,000 people were injured in distracted driving accidents, and approximately 1,100 were killed. Be safe, and avoid the "unholy trinity". But, call us if you falter.
The Lawyer's Mailbox: MARYLAND MEDICAL METADATA FOR MALPRACTICE CASES,ww...
The Lawyer's Mailbox: MARYLAND MEDICAL METADATA FOR MALPRACTICE CASES,ww...: www.charlesjeromeware.com "Here to make a difference". For an initial courtesy and confidential consultation concerning your ...
MARYLAND MEDICAL METADATA FOR MALPRACTICE CASES,www.charlesjeromeware.com
www.charlesjeromeware.com "Here to make a difference".
For an initial courtesy and confidential consultation concerning your possible medical malpractice and/or wrongful death case, contact us at the Maryland-headquartered national medical malpractice law firm of Charles Jerome Ware, Attorneys & Counselors, LLC : charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
In this age of the Internet and electronic discovery (evidence) in lawsuits, many of us trial lawyers are finding a treasure trove of evidence in medical metadata for malpractice cases.
First, two definitions: EMR means "electronic medical records", which essentially are the same medical records that used to be in paper document form. METADATA describes other information or data. It provides information about a certain item's content. For instance, an image may include metadata that describes how large the picture (image) is, the color depth of the image, the image's resolution, when the image was created, and other data about the image. A text document's metadata may contain information about how long the document is, who the author is, when the document was written, and a short summary of the document.
Today in medical malpractice cases, our document discovery requests include electronically-stored information; and we want the information in its native electronic format, because in electronic format the records will contain metadata that informs us of key facts about the authors of the data, the recipients of the data, the dates and times of creation of the data, alterations on the data, etc.
All electronic medical records (EMR) that are created and/or stored are just like any other electronic records : they have metadata ! As more medical providers and facilities transition to electronic medical records, medical record metadata has never been more important in the fields of personal injury , medical malpractice and wrongful death litigation.
For an initial courtesy and confidential consultation concerning your possible medical malpractice and/or wrongful death case, contact us at the Maryland-headquartered national medical malpractice law firm of Charles Jerome Ware, Attorneys & Counselors, LLC : charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
In this age of the Internet and electronic discovery (evidence) in lawsuits, many of us trial lawyers are finding a treasure trove of evidence in medical metadata for malpractice cases.
First, two definitions: EMR means "electronic medical records", which essentially are the same medical records that used to be in paper document form. METADATA describes other information or data. It provides information about a certain item's content. For instance, an image may include metadata that describes how large the picture (image) is, the color depth of the image, the image's resolution, when the image was created, and other data about the image. A text document's metadata may contain information about how long the document is, who the author is, when the document was written, and a short summary of the document.
Today in medical malpractice cases, our document discovery requests include electronically-stored information; and we want the information in its native electronic format, because in electronic format the records will contain metadata that informs us of key facts about the authors of the data, the recipients of the data, the dates and times of creation of the data, alterations on the data, etc.
All electronic medical records (EMR) that are created and/or stored are just like any other electronic records : they have metadata ! As more medical providers and facilities transition to electronic medical records, medical record metadata has never been more important in the fields of personal injury , medical malpractice and wrongful death litigation.
Wednesday, April 23, 2014
MARYLAND OB/GYN MEDICAL MALPRACTICE REPORT: www.charlesjeromeware.com
www.charlesjeromeware.com " Here to make a difference".
The Maryland-based national medical malpractice law firm of Charles Jerome Ware, Attorneys and Counselors, LLC, is highly-regarded and well-respected for its successful representation of victims of medical malpractice as well as wrongful death. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
$ 1,000,000.00 RECOVERY OF POLICY LIMIT PRIOR TO TRIAL: OB/GYN Medical Malpractice Case --- Excessive Traction After Shoulder Dystocia Encountered During Baby Delivered --- Failure To Discuss C-Section Option --- Brachial Plexus (Nerve) Injury --- Erb's Palsy.
This medical malpractice case against an obstetrician/gynecologist in which the plaintiff contended that the defendant physician (ob/gyn) used excessive traction to deliver the baby after shoulder dystocia was encountered ended in a $1 million settlement just prior to trial.
The plaintiff contended that as a result, the infant plaintiff suffered a right shoulder brachial plexus (nerve) injury and Erb's Palsy. The plaintiff also contended that the pre-delivery ultrasound reflected fetal-pelvic disproportion and that the risk of dystocia should have prompted a discussion with the mother regarding a C-section, obviating the risk. The plaintiff maintained that once the physician encountered dystocia, recognized maneuvers should have been completed and the use of excessive traction avoided.
The defendant ob/gyn physician denied employing excessive traction and contended that a brachial plexus injury, such as that suffered by the infant plaintiff, could well occur despite appropriate techniques. The plaintiff countered that although a temporary injury of nerves could occur in the absence of excessive traction, a permanent injury would not occur unless excessive traction was employed. The defendant ob/gyn further contended that the fetal-pelvic disproportion was slight and that a discussion with the mother was not required nor would such a conversation change the decision to proceed with a vaginal delivery.
< see more at http://www.jvra.com/verdict_trak/article.aaspx=190828 >
The Maryland-based national medical malpractice law firm of Charles Jerome Ware, Attorneys and Counselors, LLC, is highly-regarded and well-respected for its successful representation of victims of medical malpractice as well as wrongful death. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
$ 1,000,000.00 RECOVERY OF POLICY LIMIT PRIOR TO TRIAL: OB/GYN Medical Malpractice Case --- Excessive Traction After Shoulder Dystocia Encountered During Baby Delivered --- Failure To Discuss C-Section Option --- Brachial Plexus (Nerve) Injury --- Erb's Palsy.
This medical malpractice case against an obstetrician/gynecologist in which the plaintiff contended that the defendant physician (ob/gyn) used excessive traction to deliver the baby after shoulder dystocia was encountered ended in a $1 million settlement just prior to trial.
The plaintiff contended that as a result, the infant plaintiff suffered a right shoulder brachial plexus (nerve) injury and Erb's Palsy. The plaintiff also contended that the pre-delivery ultrasound reflected fetal-pelvic disproportion and that the risk of dystocia should have prompted a discussion with the mother regarding a C-section, obviating the risk. The plaintiff maintained that once the physician encountered dystocia, recognized maneuvers should have been completed and the use of excessive traction avoided.
The defendant ob/gyn physician denied employing excessive traction and contended that a brachial plexus injury, such as that suffered by the infant plaintiff, could well occur despite appropriate techniques. The plaintiff countered that although a temporary injury of nerves could occur in the absence of excessive traction, a permanent injury would not occur unless excessive traction was employed. The defendant ob/gyn further contended that the fetal-pelvic disproportion was slight and that a discussion with the mother was not required nor would such a conversation change the decision to proceed with a vaginal delivery.
< see more at http://www.jvra.com/verdict_trak/article.aaspx=190828 >
The Lawyer's Mailbox: Maryland's CHARLES J. WARE: " 10 BEST DUI/DWI ATTO...
The Lawyer's Mailbox: Maryland's CHARLES J. WARE: " 10 BEST DUI/DWI ATTO...: www.charlesjeromeware.com " Here to make a difference". Charles Jerome Ware, Attorneys and Counselors, LLC, is a Maryland-bas...
Maryland's CHARLES J. WARE: " 10 BEST DUI/DWI ATTORNEYS", AIDUIA AWARD
www.charlesjeromeware.com " Here to make a difference".
Charles Jerome Ware, Attorneys and Counselors, LLC, is a Maryland-based nationally-respected trial law firm which specializes, inter alia, in successful defense representation of those charged with DUI, DWI and Drug offenses. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com. (410) 730-5016 or (410) 720-6129.
AIDUIA ( the American Institute of DUI/DWI Attorneys is an impartial 3rd-party attorney rating service that recognizes the excellence of fellow practitioners in the field.
Attorney Charles J. Ware has earned the exclusive listing as one of the " 10 Best" Attorneys for Maryland in Clients Satisfaction in the practice area of DUI/DWI defense.
Charles Jerome Ware, Attorneys and Counselors, LLC, is a Maryland-based nationally-respected trial law firm which specializes, inter alia, in successful defense representation of those charged with DUI, DWI and Drug offenses. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com. (410) 730-5016 or (410) 720-6129.
AIDUIA ( the American Institute of DUI/DWI Attorneys is an impartial 3rd-party attorney rating service that recognizes the excellence of fellow practitioners in the field.
Attorney Charles J. Ware has earned the exclusive listing as one of the " 10 Best" Attorneys for Maryland in Clients Satisfaction in the practice area of DUI/DWI defense.
The Lawyer's Mailbox: Maryland's CHARLES J. WARE : " TOP 100 TRIAL LAWYE...
The Lawyer's Mailbox: Maryland's CHARLES J. WARE : " TOP 100 TRIAL LAWYE...: www.charlesjeromeware.com " Here to make a difference." Charles Jerome Ware, Attorneys and Counselors, LLC, is a Maryland-base...
Maryland's CHARLES J. WARE : " TOP 100 TRIAL LAWYERS", The National Trial Lawyers
www.charlesjeromeware.com " Here to make a difference." Charles Jerome Ware, Attorneys and Counselors, LLC, is a Maryland-based nationally-respected trial law firm. The firm is highly-regarded for its superior qualifications of leadership, sterling reputation, influence, stature and success as a civil plaintiff and criminal defense firm.
For an initial courtesy consultation contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
For an initial courtesy consultation contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
The Lawyer's Mailbox: BALTIMORE LEAD DEFENSE COUNSEL UPDATE ON LEAD CASE...
The Lawyer's Mailbox: BALTIMORE LEAD DEFENSE COUNSEL UPDATE ON LEAD CASE...: www.charlesjeromeware.com . " Here to make a difference." Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland-ba...
BALTIMORE LEAD DEFENSE COUNSEL UPDATE ON LEAD CASE EXPERT TESTIMONY : THREE (3) 2013 CASES
www.charlesjeromeware.com. " Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland-based nationally- respected landlord lead paint poisoning defense law firm. For an initial courtesy consultation with Attorney Ware directly contact him at (410) 720-6129, (410) 730-5016, or charlesjeromeware@msn.com.
In 2013 Maryland's highest court, the Maryland Court of Appeals, remanded back to the Baltimore City Circuit Court 3 cases regarding the issue, inter alia, of whether the evidence about where lead paint exposure comes from can be proven without expert testimony. The Court ruled that in some cases it can.
The 3 cases are:
Cherie Ross v. Housing Authority of Baltimore, Case Number 10, Md. Court of Appeals, March 22, 2013;
Roderiques Sawyers , et al. v. Benno Lebovits, Case Number 7, Md. Court of Appeals, April 22, 2013; and
Antwon Wallace v. City Homes, Inc., Case Number 6, Md. Court of Appeals, April 22, 2013.
In Ross the Court explained its decisions in these case as follows:
Unlike the bullet or the misplaced banana peel, the effect of toxic substances on the body is often subtle and slow, leaving cause uncertain. This gap of understanding is often bridged through science, probability, and inference from provable facts. As a result, expert testimony has become central to toxic tort litigation. But not every inference is provable in court by expert opinion testimony. Nor need be.
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland-based nationally- respected landlord lead paint poisoning defense law firm. For an initial courtesy consultation with Attorney Ware directly contact him at (410) 720-6129, (410) 730-5016, or charlesjeromeware@msn.com.
In 2013 Maryland's highest court, the Maryland Court of Appeals, remanded back to the Baltimore City Circuit Court 3 cases regarding the issue, inter alia, of whether the evidence about where lead paint exposure comes from can be proven without expert testimony. The Court ruled that in some cases it can.
The 3 cases are:
Cherie Ross v. Housing Authority of Baltimore, Case Number 10, Md. Court of Appeals, March 22, 2013;
Roderiques Sawyers , et al. v. Benno Lebovits, Case Number 7, Md. Court of Appeals, April 22, 2013; and
Antwon Wallace v. City Homes, Inc., Case Number 6, Md. Court of Appeals, April 22, 2013.
In Ross the Court explained its decisions in these case as follows:
Unlike the bullet or the misplaced banana peel, the effect of toxic substances on the body is often subtle and slow, leaving cause uncertain. This gap of understanding is often bridged through science, probability, and inference from provable facts. As a result, expert testimony has become central to toxic tort litigation. But not every inference is provable in court by expert opinion testimony. Nor need be.
Monday, April 21, 2014
The Lawyer's Mailbox: HON. CHARLES WARE : "MARYLAND'S 10 BEST DUI/DWI A...
The Lawyer's Mailbox: HON. CHARLES WARE : "MARYLAND'S 10 BEST DUI/DWI A...: www.charlesjeromeware.ware . " Here to make a difference." Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland...
HON. CHARLES WARE : "MARYLAND'S 10 BEST DUI/DWI ATTORNEYS " : HOWARD COUNTY
www.charlesjeromeware.ware. " Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland-based national law firm that is highly-regarded and well-respected for its many successful representations of clients in DUI and DWI cases; including several celebrities in Maryland as well as throughout the United States. Attorney Ware is the author of several best-selling books as well as the recipient of numerous legal, litigation, public service and humanitarian awards.
For an initial courtesy and confidential consultation with Attorney Ware, you are invited to contact him at charlesjeromeware@msn.com, (410) 720-6129 or (410) 730-5016.
Charles Jerome Ware, Attorneys & Counselors, LLC, is a Maryland-based national law firm that is highly-regarded and well-respected for its many successful representations of clients in DUI and DWI cases; including several celebrities in Maryland as well as throughout the United States. Attorney Ware is the author of several best-selling books as well as the recipient of numerous legal, litigation, public service and humanitarian awards.
For an initial courtesy and confidential consultation with Attorney Ware, you are invited to contact him at charlesjeromeware@msn.com, (410) 720-6129 or (410) 730-5016.
COLUMBIA, ELLICOTT CITY, MARYLAND BREATHALYZER & FIELD SOBRIETY TESTS
Protect your constitutional rights. Contact us today for a courtesy initial consultation at (410) 720-6129 or (410) 730-5016, or charlesjeromeware@msn.com.
www.charlesjeromeware.com. " Here to make a difference."
QUESTION: If I am stopped for alleged drunk driving, should I request to speak to a lawyer before I take a breathalyzer test or any field sobriety tests ?
ANSWER: In a nutshell, YES !
In general, when a person is arrested he or she should speak with an attorney. When an individual is placed under arrest his or her Sixth Amendment right to a lawyer is activated automatically. He or she should assert the right immediately !
When law enforcement officers confront an individual who appears prima facie to be dinking and driving, they are trained to perform several different tests --- including field sobriety tests and a breathalyzer test (aka " Blood Alcohol Concentration" test, or B.A.C.); all of which trigger certain constitutional concerns and issues. Once alcohol is consumed and absorbed, it is distributed throughout the body by way of the bloodstream. The person's " Blood Alcohol Level" (BAL) is measured by the " Blood Alcohol Concentration" (BAC) or the amount of alcohol in the bloodstream. It is measured in milligrams of alcohol per 100 milliliters of blood or milligrams percent. A
BAC of 0.10 % means a concentration of 1 drop of alcohol per 1,000 drops of blood.
In sum, if the police officer does not give the person the opportunity to consult with their attorney, the person's guaranteed 14th Amendment right to "due process" is violated under the law.
The reason the person's "due process" is violated is because, for one, the serious effects that a refusal or the result of a breathalyzer will have on the person's ability to drive. The average person's ability to drive (license-wise) is important because it affects that person's employment, livelihood, career, quality of life, other activities, etc. Because of this, people confronted with the decision to take a breathalyzer must be given the opportunity to consult with an attorney of their choice if requested. In addition, if the police officer denies the person's request to speak with an attorney or improperly advises the person and, as a result, there is a refusal, there is a legal presumption that the breath test would be in the accused's favor.
www.charlesjeromeware.com. " Here to make a difference."
QUESTION: If I am stopped for alleged drunk driving, should I request to speak to a lawyer before I take a breathalyzer test or any field sobriety tests ?
ANSWER: In a nutshell, YES !
In general, when a person is arrested he or she should speak with an attorney. When an individual is placed under arrest his or her Sixth Amendment right to a lawyer is activated automatically. He or she should assert the right immediately !
When law enforcement officers confront an individual who appears prima facie to be dinking and driving, they are trained to perform several different tests --- including field sobriety tests and a breathalyzer test (aka " Blood Alcohol Concentration" test, or B.A.C.); all of which trigger certain constitutional concerns and issues. Once alcohol is consumed and absorbed, it is distributed throughout the body by way of the bloodstream. The person's " Blood Alcohol Level" (BAL) is measured by the " Blood Alcohol Concentration" (BAC) or the amount of alcohol in the bloodstream. It is measured in milligrams of alcohol per 100 milliliters of blood or milligrams percent. A
BAC of 0.10 % means a concentration of 1 drop of alcohol per 1,000 drops of blood.
In sum, if the police officer does not give the person the opportunity to consult with their attorney, the person's guaranteed 14th Amendment right to "due process" is violated under the law.
The reason the person's "due process" is violated is because, for one, the serious effects that a refusal or the result of a breathalyzer will have on the person's ability to drive. The average person's ability to drive (license-wise) is important because it affects that person's employment, livelihood, career, quality of life, other activities, etc. Because of this, people confronted with the decision to take a breathalyzer must be given the opportunity to consult with an attorney of their choice if requested. In addition, if the police officer denies the person's request to speak with an attorney or improperly advises the person and, as a result, there is a refusal, there is a legal presumption that the breath test would be in the accused's favor.
The Lawyer's Mailbox: COLUMBIA, ELLICOTT CITY, MARYLAND DRUNK DRIVING DE...
The Lawyer's Mailbox: COLUMBIA, ELLICOTT CITY, MARYLAND DRUNK DRIVING DE...: www.charlesjeromeware.com . "Here to make a difference." For an initial courtesy consultation, contact the Columbia, Howard Coun...
COLUMBIA, ELLICOTT CITY, MARYLAND DRUNK DRIVING DEFENSE
www.charlesjeromeware.com. "Here to make a difference." For an initial courtesy consultation, contact the Columbia, Howard County-based law offices of Charles Jerome Ware, Attorneys & Counselors, LLC, at charlesjeromeware@msn.com, (410) 720-6129 or (410) 730-5016.
Drunk driving is treated by law enforcement and the courts as a serious offense in Maryland. Reputations can be ruined, jobs can be lost, careers can be side-lined, injuries and even death can occur, families can be destroyed, and ---to compound these issues--- you can even go to jail.
These are just some of the reasons why competent legal representation is so important for defendants charged with drunk driving.
Fortunately, out of the 24 counties in Maryland, Howard County (which includes Columbia and Ellicott City ) is among the more reasonable, just and fair jurisdictions in handling drunk driving cases. Howard County's slogan is one word --- "civility". However, beware, Howard County takes drunk driving cases very seriously ! Your defense attorney should be very familiar with the county and its judges, etc.
Founded in Columbia, Howard County, Maryland in 1988, the law offices of Charles Jerome Ware, Attorneys and Counselors, have successfully represented thousands of good clients who have had the misfortune of being charged with drunk driving.
Call us. We can help.
Drunk driving is treated by law enforcement and the courts as a serious offense in Maryland. Reputations can be ruined, jobs can be lost, careers can be side-lined, injuries and even death can occur, families can be destroyed, and ---to compound these issues--- you can even go to jail.
These are just some of the reasons why competent legal representation is so important for defendants charged with drunk driving.
Fortunately, out of the 24 counties in Maryland, Howard County (which includes Columbia and Ellicott City ) is among the more reasonable, just and fair jurisdictions in handling drunk driving cases. Howard County's slogan is one word --- "civility". However, beware, Howard County takes drunk driving cases very seriously ! Your defense attorney should be very familiar with the county and its judges, etc.
Founded in Columbia, Howard County, Maryland in 1988, the law offices of Charles Jerome Ware, Attorneys and Counselors, have successfully represented thousands of good clients who have had the misfortune of being charged with drunk driving.
Call us. We can help.
The Lawyer's Mailbox: SOCIETY OF BALTIMORE LEAD PAINT POISONING DEFENSE ...
The Lawyer's Mailbox: SOCIETY OF BALTIMORE LEAD PAINT POISONING DEFENSE ...: www.charlesjeromeware.com . " Here to make a difference." The Society of Baltimore Lead Paint Poisoning Defense Lawyers ("S...
SOCIETY OF BALTIMORE LEAD PAINT POISONING DEFENSE LAWYERS ("SBLPPDL")
www.charlesjeromeware.com. " Here to make a difference." The Society of Baltimore Lead Paint Poisoning Defense Lawyers ("SBLPPDL") monitors lead poisoning litigation trends in both Baltimore, Maryland and Washington, D.C. For an initial courtesy consultation, contact us at the Maryland-based national lead paint poisoning defense law firm of Charles Jerome Ware, Attorneys & Counselors, LLC, at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
Defense Points To Remember :
Lead can be found in a variety of sources in Baltimore:
- Paint in homes built before 1978;
- Water pumped through leaded pipes;
- Imported items including clay pots;
- Certain consumer products such as candies, make-up and jewelry; and
- Certain imported home remedies.
[http://www.epa.gov/lead/pubs/renovation.htm; http:// www.cpsc.gov; http://www.cdc.gov/nceh/lead]
On the defense side, courts have begun to recognize that a defendant landlord still has the right to question causation and thereby escape liability or mitigate its damages, even where there is evidence of lead exposure and the landlord had actual or constructive notice of the condition.
[Cunningham v. Anderson, 84 A.D. 3d 1370, 1372 (3d Dept. 2011); Watson v. Priore (Oneida County, New York, 2011) ]
Defense Points To Remember :
Lead can be found in a variety of sources in Baltimore:
- Paint in homes built before 1978;
- Water pumped through leaded pipes;
- Imported items including clay pots;
- Certain consumer products such as candies, make-up and jewelry; and
- Certain imported home remedies.
[http://www.epa.gov/lead/pubs/renovation.htm; http:// www.cpsc.gov; http://www.cdc.gov/nceh/lead]
On the defense side, courts have begun to recognize that a defendant landlord still has the right to question causation and thereby escape liability or mitigate its damages, even where there is evidence of lead exposure and the landlord had actual or constructive notice of the condition.
[Cunningham v. Anderson, 84 A.D. 3d 1370, 1372 (3d Dept. 2011); Watson v. Priore (Oneida County, New York, 2011) ]
Thursday, April 17, 2014
The Lawyer's Mailbox: MD. ATTY. CHARLES WARE, ACTOR HUGH GRANT & TERRENC...
The Lawyer's Mailbox: MD. ATTY. CHARLES WARE, ACTOR HUGH GRANT & TERRENC...: In its October 1998 issue, themed "Unrepentent'', GQ ('Gentlemen's Quarterly") Magazine featured the law practice ...
MD. ATTY. CHARLES WARE, ACTOR HUGH GRANT & TERRENCE JOHNSON FEATURED IN "GQ MAGAZINE"
In its October 1998 issue, themed "Unrepentent'', GQ ('Gentlemen's Quarterly") Magazine featured the law practice style of Maryland attorney Charles Ware, international movie actor and director Hugh Grant, and deceased well-known victim of Prince Georges County, Maryland police brutality, Terrence Johnson.
Ware was also recognized by GQ for his excellence in law.
Ware was also recognized by GQ for his excellence in law.
The Lawyer's Mailbox: ARRESTED FOR DUI/DWI IN HOWARD COUNTY, MARYLAND ? ...
The Lawyer's Mailbox: ARRESTED FOR DUI/DWI IN HOWARD COUNTY, MARYLAND ? ...: www.charlesjeromeware.com . " Here to make a difference." The Maryland-based national DUI and DWI defense law firm of Charles Je...
ARRESTED FOR DUI/DWI IN HOWARD COUNTY, MARYLAND ? : Call Us !
www.charlesjeromeware.com. " Here to make a difference."
The Maryland-based national DUI and DWI defense law firm of Charles Jerome Ware, Attorneys & Counselors, is highly-regarded and well-respected for its successful representation of Marylanders in Howard County and throughout the state. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
Having practiced DUI/DWI law in Howard County and throughout Maryland for over 30 years, and having lived in Howard County for at least 40 years, I can speak from professional legal experience
and say that Howard county is at or near the top of jurisdictions that --- if this is possible to say--- attempt to be fair, just and reasonable in handling DUI and DWI cases. Nevertheless, make no mistake, DUIs and DWIs are taken very seriously in Howard County---- just as they are throughout
the state.
Our job at this law firm is to make the unfortunate experiences of our clients' DUI and DWI arrests as pleasant as possible under obviously difficult circumstances We fight ; you win. Call us!
The Maryland-based national DUI and DWI defense law firm of Charles Jerome Ware, Attorneys & Counselors, is highly-regarded and well-respected for its successful representation of Marylanders in Howard County and throughout the state. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
Having practiced DUI/DWI law in Howard County and throughout Maryland for over 30 years, and having lived in Howard County for at least 40 years, I can speak from professional legal experience
and say that Howard county is at or near the top of jurisdictions that --- if this is possible to say--- attempt to be fair, just and reasonable in handling DUI and DWI cases. Nevertheless, make no mistake, DUIs and DWIs are taken very seriously in Howard County---- just as they are throughout
the state.
Our job at this law firm is to make the unfortunate experiences of our clients' DUI and DWI arrests as pleasant as possible under obviously difficult circumstances We fight ; you win. Call us!
Wednesday, April 16, 2014
The Lawyer's Mailbox: BALTIMORE DEFENSE LEAD PAINT POISONING TRENDS
The Lawyer's Mailbox: BALTIMORE DEFENSE LEAD PAINT POISONING TRENDS: www.charlesjeromeware.com . " Here to make a difference." Charles Jerome Ware, Attorneys & Counselors, is a Maryland-based ...
BALTIMORE DEFENSE LEAD PAINT POISONING TRENDS
www.charlesjeromeware.com. " Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, is a Maryland-based national lead-paint
poisoning defense law firm. The firm is highly-regarded and well-respected for its successful representation of property owners and landlords in Baltimore lead paint cases. For an initial courtesy consultation contact us at charlesjeromeware@msn.com, (410) 720-6129 or (410) 730-5016.
A number of fundamental shifts are occurring in the world of lead exposure litigation.
On the regulatory side, the Centers for Disease Control are eliminating the use of the term "blood level of concern " and replacing it with the term " reference value" due to increasing evidence that there is no blood lead level without deleterious effects. Rather, the evidence consistently correlates even low blood lead levels with IQ, attention-related behaviors, and poor academic achievements.
To identify children with elevated blood lead levels, the CDC has adopted a "reference value" based on the 97.5th percentile of the blood lead levels distribution among children one to 5 years of age, which is currently 5 ug/dL. This reduction from the previous standard of 10 ug/dL will likely encourage the plaintiff's bar to pursue lead exposure cases at lower levels of exposure.
Fortunately, in recent years the defense bar has been successful in educating the judiciary on lead issues. There is a growing recognition among courts that other factors (e.g., socioeconomic factors, family history, and heredity) play a role in a child's neuropsychological development and that evidence of these factors is relevant and admissible. As a result, courts are beginning to allow discovery of health, IQ and education information from non-party family members --- material that can prove critical to the successful defense of a lead paint exposure claim.
Charles Jerome Ware, Attorneys & Counselors, is a Maryland-based national lead-paint
poisoning defense law firm. The firm is highly-regarded and well-respected for its successful representation of property owners and landlords in Baltimore lead paint cases. For an initial courtesy consultation contact us at charlesjeromeware@msn.com, (410) 720-6129 or (410) 730-5016.
A number of fundamental shifts are occurring in the world of lead exposure litigation.
On the regulatory side, the Centers for Disease Control are eliminating the use of the term "blood level of concern " and replacing it with the term " reference value" due to increasing evidence that there is no blood lead level without deleterious effects. Rather, the evidence consistently correlates even low blood lead levels with IQ, attention-related behaviors, and poor academic achievements.
To identify children with elevated blood lead levels, the CDC has adopted a "reference value" based on the 97.5th percentile of the blood lead levels distribution among children one to 5 years of age, which is currently 5 ug/dL. This reduction from the previous standard of 10 ug/dL will likely encourage the plaintiff's bar to pursue lead exposure cases at lower levels of exposure.
Fortunately, in recent years the defense bar has been successful in educating the judiciary on lead issues. There is a growing recognition among courts that other factors (e.g., socioeconomic factors, family history, and heredity) play a role in a child's neuropsychological development and that evidence of these factors is relevant and admissible. As a result, courts are beginning to allow discovery of health, IQ and education information from non-party family members --- material that can prove critical to the successful defense of a lead paint exposure claim.
The Lawyer's Mailbox: BALTIMORE, Maryland LANDLORD LEAD-PAINT POISONING ...
The Lawyer's Mailbox: BALTIMORE, Maryland LANDLORD LEAD-PAINT POISONING ...: www.charlesjeromeware.com . "Here to make a difference." The Maryland-headquartered national lead-paint defense law fir of Charl...
BALTIMORE, Maryland LANDLORD LEAD-PAINT POISONING UPDATE
www.charlesjeromeware.com. "Here to make a difference."
The Maryland-headquartered national lead-paint defense law fir of Charles Jerome Ware, Attorneys & Counselors, is highly-regarded and well-respected for its successful representation of landlords in lead-paint poisoning cases in Baltimore. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
On or about October 24th, 2011, the Maryland Court of Appeals struck down a key provision of Maryland's Reduction of Lead Risk in Housing Act (1994) that provided owners(landlords) of older rental housing (pre-1978) some shielding from civil lawsuits ( and potentially costly payments to alleged victims) if they took precautions to protect children in their housing units from lead-paint poisoning.
Springing forward to April 9th, 2012 : The general Assembly re-visited this issue by passing a bill that would require landlords with housing units built before 1978 to protect their from lead-paint hazards, along with a provision urging courts to penalize baseless litigation over the problem.
[http;//articles.baltimoresun.com/lead-paint]
The Maryland-headquartered national lead-paint defense law fir of Charles Jerome Ware, Attorneys & Counselors, is highly-regarded and well-respected for its successful representation of landlords in lead-paint poisoning cases in Baltimore. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
On or about October 24th, 2011, the Maryland Court of Appeals struck down a key provision of Maryland's Reduction of Lead Risk in Housing Act (1994) that provided owners(landlords) of older rental housing (pre-1978) some shielding from civil lawsuits ( and potentially costly payments to alleged victims) if they took precautions to protect children in their housing units from lead-paint poisoning.
Springing forward to April 9th, 2012 : The general Assembly re-visited this issue by passing a bill that would require landlords with housing units built before 1978 to protect their from lead-paint hazards, along with a provision urging courts to penalize baseless litigation over the problem.
[http;//articles.baltimoresun.com/lead-paint]
Saturday, April 12, 2014
The Lawyer's Mailbox: BALTIMORE,MARYAND LANDLORD LEAD DEFENDANT SUMMONS ...
The Lawyer's Mailbox: BALTIMORE,MARYAND LANDLORD LEAD DEFENDANT SUMMONS ...: www.charlesjeromeware.com . "Here to make a difference." The Maryland-based national is landlord lead defense law firm of Char...
BALTIMORE,MARYAND LANDLORD LEAD DEFENDANT SUMMONS : EXPLAINED
www.charlesjeromeware.com. "Here to make a difference."
The Maryland-based national is landlord lead defense law firm of Charles Jerome Ware, Attorneys & Counselors, is highly-regarded and well-respected for its successful representation for defense clients in Baltimore lead-paint poisoning cases. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
" ..... W R I T O F S U M M O N S
STATE OF MARYLAND , BALTIMORE CITY , TO WIT :
TO: ... (Defendant)
You are hereby summoned to file a written response by pleading or motion,
within 30 days after service of this summons upon you, in this court, to the attached Complaint filed by : (Plaintiff)
* * * * * * * * * * * *
FAILURE TO FILE A RESPONSE WITHIN THE TIME ALLOTTED MAY RESULT IN A JUDGMENT BY DEFAULT OR THE GRANTING OF THE RELIEF SOUGHT AGAINST YOU.
* * * * * * * * * * * * "
This "excerpted language " from a typical civil case Circuit Court of Baltimore City SUMMONS
represents the type of single-page legal document ( accompanied by a complaint) that each defendant receives in the typical Baltimore City lead-paint poisoning lawsuit. Almost always attached to this (1) summons sheet and (2)complaint will be (3) requests for interrogatory responses, (4) requests for documents, and frequently (depending on the plaintiff's law firm) (5) there will also be attached (5) requests for admissions.
Unless extensions of time to respond are secured, these documents should be responded to within 30 days of service on the defendant.
--------------------------------------------------------------------------------------------------------------
The purpose of the SUMMONS is to inform the defendant of the complaint pleading as well as of the BEGINNING of the lead-paint poisoning legal case that requires a response as well as, at some point relatively soon, his or her presence in court. It also informs the defendant that the court has created a file for the case. < for more information contact our attorneys >
The Maryland-based national is landlord lead defense law firm of Charles Jerome Ware, Attorneys & Counselors, is highly-regarded and well-respected for its successful representation for defense clients in Baltimore lead-paint poisoning cases. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
" ..... W R I T O F S U M M O N S
STATE OF MARYLAND , BALTIMORE CITY , TO WIT :
TO: ... (Defendant)
You are hereby summoned to file a written response by pleading or motion,
within 30 days after service of this summons upon you, in this court, to the attached Complaint filed by : (Plaintiff)
* * * * * * * * * * * *
FAILURE TO FILE A RESPONSE WITHIN THE TIME ALLOTTED MAY RESULT IN A JUDGMENT BY DEFAULT OR THE GRANTING OF THE RELIEF SOUGHT AGAINST YOU.
* * * * * * * * * * * * "
This "excerpted language " from a typical civil case Circuit Court of Baltimore City SUMMONS
represents the type of single-page legal document ( accompanied by a complaint) that each defendant receives in the typical Baltimore City lead-paint poisoning lawsuit. Almost always attached to this (1) summons sheet and (2)complaint will be (3) requests for interrogatory responses, (4) requests for documents, and frequently (depending on the plaintiff's law firm) (5) there will also be attached (5) requests for admissions.
Unless extensions of time to respond are secured, these documents should be responded to within 30 days of service on the defendant.
--------------------------------------------------------------------------------------------------------------
The purpose of the SUMMONS is to inform the defendant of the complaint pleading as well as of the BEGINNING of the lead-paint poisoning legal case that requires a response as well as, at some point relatively soon, his or her presence in court. It also informs the defendant that the court has created a file for the case. < for more information contact our attorneys >
The Lawyer's Mailbox: DR. ALBERT EINSTEIN, NOBEL PRIZE IN PHYSICS, 192...
The Lawyer's Mailbox: DR. ALBERT EINSTEIN, NOBEL PRIZE IN PHYSICS, 192...: " E veryone is a genius. But if you judge a fish on its ability to climb a tree, it will live its whole life believing that it is ...
The Lawyer's Mailbox: DR. ALBERT EINSTEIN, NOBEL PRIZE IN PHYSICS, 192...
The Lawyer's Mailbox: DR. ALBERT EINSTEIN, NOBEL PRIZE IN PHYSICS, 192...: " E veryone is a genius. But if you judge a fish on its ability to climb a tree, it will live its whole life believing that it is ...
DR. ALBERT EINSTEIN, NOBEL PRIZE IN PHYSICS, 1921.
" Everyone is a genius. But if you judge a fish on its ability to climb a tree, it will live its whole life believing that it is stupid. " --- Albert Einstein.
Friday, April 11, 2014
The Lawyer's Mailbox: MARYLAND WRONGFUL DEATH CLAIMS NOT LIMITED BY FAIL...
The Lawyer's Mailbox: MARYLAND WRONGFUL DEATH CLAIMS NOT LIMITED BY FAIL...: www.charlesjeromeware.com . "Here to make a difference." Charles Jerome Ware, Attorneys and Counselors, is a Maryland-based nati...
MARYLAND WRONGFUL DEATH CLAIMS NOT LIMITED BY FAILURE TO FILE MED. MAL. CLAIMS
www.charlesjeromeware.com. "Here to make a difference."
Charles Jerome Ware, Attorneys and Counselors, is a Maryland-based national medical malpractice law firm. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
MUMMERT, et al. vs. ALIZADEH, et al., No. 5, September Term, 2013, 2013 WL 5663105, ___ A.3d___(2013); Court of Appeals of Maryland ( October 18, 2013).
The Maryland Court of Appeals ruled:
In this wrongful death case " [when] the Beneficiaries filed this wrongful death action, they did so within the only time limitation imposed on such a claim by Maryland's wrongful death statute, the three-year limitation found in section 3-904(g)(1). The Decedent's failure or inability to file a timely claim for medical negligence prior to her death does not bar the action filed timely by her Beneficiaries' claim. Therefore, we reverse the Circuit Court judgment below (Washington County)
and remand this case to that court for further proceedings. '
Charles Jerome Ware, Attorneys and Counselors, is a Maryland-based national medical malpractice law firm. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
MUMMERT, et al. vs. ALIZADEH, et al., No. 5, September Term, 2013, 2013 WL 5663105, ___ A.3d___(2013); Court of Appeals of Maryland ( October 18, 2013).
The Maryland Court of Appeals ruled:
In this wrongful death case " [when] the Beneficiaries filed this wrongful death action, they did so within the only time limitation imposed on such a claim by Maryland's wrongful death statute, the three-year limitation found in section 3-904(g)(1). The Decedent's failure or inability to file a timely claim for medical negligence prior to her death does not bar the action filed timely by her Beneficiaries' claim. Therefore, we reverse the Circuit Court judgment below (Washington County)
and remand this case to that court for further proceedings. '
Thursday, April 10, 2014
The Lawyer's Mailbox: SELF-REPRESENTATION IN MARYLAND DUI/DWI CASES ? NO...
The Lawyer's Mailbox: SELF-REPRESENTATION IN MARYLAND DUI/DWI CASES ? NO...: www.charlesjeromeware.com . " Here to make a difference." The Maryland-based national law firm of Charles Jerome Ware, Attorneys ...
SELF-REPRESENTATION IN MARYLAND DUI/DWI CASES ? NO !!!
www.charlesjeromeware.com. " Here to make a difference."
The Maryland-based national law firm of Charles Jerome Ware, Attorneys and Counselors, is highly-regarded and well-respected for its successful representation of clients charged in Maryland with DUI/DWI offenses. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
Let me be perfectly clear : Self-representation by a defendant in his or her DUI/DWI case is a very BAD idea !!!
Certainly in Maryland, as well as in most other states, judges do not want defendants to come into their courtrooms and face charges in which they could be subject to jail time, such as DUIs and DWIs , without attorney representation. Further, prosecutors will not be lenient with the DUI/DWI defendant just because they do not have an attorney. Both judges and prosecutors want proficient defense attorneys involved to make the judicial process more just, fair and efficient for everyone involved --- and particularly for the defendant.
The key reason for this is that DUIs and DWIs are serious offenses. And, in most if not all cases, they are not expungeable. Once the defendant is found guilty, they are branded and stuck with the decision.
Additionally, DUI and DWI cases usually involve a lot of paperwork just to get the defendant's driving privileges, to deal with the fines, court costs, alcohol education programs and other mandatory issues. Contact and interaction will have to be made with Maryland Motor Vehicle Administration for driving license reinstatement.
I know some people feel they do not need competent legal representation in these cases. THEY DO !
I have found that most people understand this point better when we explain it to them.
The Maryland-based national law firm of Charles Jerome Ware, Attorneys and Counselors, is highly-regarded and well-respected for its successful representation of clients charged in Maryland with DUI/DWI offenses. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
Let me be perfectly clear : Self-representation by a defendant in his or her DUI/DWI case is a very BAD idea !!!
Certainly in Maryland, as well as in most other states, judges do not want defendants to come into their courtrooms and face charges in which they could be subject to jail time, such as DUIs and DWIs , without attorney representation. Further, prosecutors will not be lenient with the DUI/DWI defendant just because they do not have an attorney. Both judges and prosecutors want proficient defense attorneys involved to make the judicial process more just, fair and efficient for everyone involved --- and particularly for the defendant.
The key reason for this is that DUIs and DWIs are serious offenses. And, in most if not all cases, they are not expungeable. Once the defendant is found guilty, they are branded and stuck with the decision.
Additionally, DUI and DWI cases usually involve a lot of paperwork just to get the defendant's driving privileges, to deal with the fines, court costs, alcohol education programs and other mandatory issues. Contact and interaction will have to be made with Maryland Motor Vehicle Administration for driving license reinstatement.
I know some people feel they do not need competent legal representation in these cases. THEY DO !
I have found that most people understand this point better when we explain it to them.
The Lawyer's Mailbox: BASIC BALTIMORE LEAD PAINT LAW FOR LANDLORDS,www.c...
The Lawyer's Mailbox: BASIC BALTIMORE LEAD PAINT LAW FOR LANDLORDS,www.c...: www.charlesjeromeware.com . "Here to make a difference." Charles Jerome Ware, Attorneys & Counselors, is a highly-regarded ...
BASIC BALTIMORE LEAD PAINT LAW FOR LANDLORDS,www.charlesjeromeware.com
www.charlesjeromeware.com. "Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, is a highly-regarded Maryland-based national lead-paint defense law firm. For an initial courtesy consultation, contact our lawyers and counselors at charlesjeromeware@msn.com (410) 730-5016 or (410) 720-6129. This blog is intended for informational purposes only, and does not create an attorney-client relationship.
As a lead-paint defense attorney who has successfully represented numerous landlords, property owners, and property management agencies in Baltimore for several years, I can safely say from experience that Baltimore City has a lead-paint poisoning public health problem. The most important step the Baltimore community can take to save the City's children from lead poisoning is to prevent lead exposure before it occurs.
To be sure, protecting Baltimore's children from exposure to lead is critical to their lifelong good health. Frequently, even low levels of lead in the blood of infants can have deleterious effects on the child's IQ, ability to pay attention, and academic achievement.
Lead can be found in a variety of sources, including:
* paint in homes built before 1978.
* water pumped through leaded pipes.
* imported items including clay pots.
* certain consumer products such as candies, make-up, and jewelry.
* certain imported home remedies.
The potential or actual Baltimore residential property landlord should be aware of the following, inter alia :
- If the rental house was built before 1950, the house 9if not occupied by the owner0 falls under the Reduction of Lead in Housing Act, which protects tenants and imposes certain duties on landlords. In addition, owners of houses built between 1950 and 1978 may also participate in this lead poisoning prevention.
- A good reference resource is the Maryland Department of the Environment's ( MDE's) "Lead line" website.
- A shared feature of Federal and Maryland state lead poisoning laws is that both require landlords to give each tenant the pamphlet, " Protect Your Family from Lead in Your Home".
Maryland law also requires distribution by landlords of an additional pamphlet titled " Lead Poisoning Prevention - Notice of Tenants' Rights".
- Routinely and consistently check the property for chipping, peeling, or flaking paint .
- Follow diligently the Maryland Lead Poisoning Prevention Program, enacted in 1994 by the Maryland General Assembly with the purpose of reducing the incidence of childhood lead poisoning while maintaining the stock of affordable rental housing. The program is administered by the MDE.
Charles Jerome Ware, Attorneys & Counselors, is a highly-regarded Maryland-based national lead-paint defense law firm. For an initial courtesy consultation, contact our lawyers and counselors at charlesjeromeware@msn.com (410) 730-5016 or (410) 720-6129. This blog is intended for informational purposes only, and does not create an attorney-client relationship.
As a lead-paint defense attorney who has successfully represented numerous landlords, property owners, and property management agencies in Baltimore for several years, I can safely say from experience that Baltimore City has a lead-paint poisoning public health problem. The most important step the Baltimore community can take to save the City's children from lead poisoning is to prevent lead exposure before it occurs.
To be sure, protecting Baltimore's children from exposure to lead is critical to their lifelong good health. Frequently, even low levels of lead in the blood of infants can have deleterious effects on the child's IQ, ability to pay attention, and academic achievement.
Lead can be found in a variety of sources, including:
* paint in homes built before 1978.
* water pumped through leaded pipes.
* imported items including clay pots.
* certain consumer products such as candies, make-up, and jewelry.
* certain imported home remedies.
The potential or actual Baltimore residential property landlord should be aware of the following, inter alia :
- If the rental house was built before 1950, the house 9if not occupied by the owner0 falls under the Reduction of Lead in Housing Act, which protects tenants and imposes certain duties on landlords. In addition, owners of houses built between 1950 and 1978 may also participate in this lead poisoning prevention.
- A good reference resource is the Maryland Department of the Environment's ( MDE's) "Lead line" website.
- A shared feature of Federal and Maryland state lead poisoning laws is that both require landlords to give each tenant the pamphlet, " Protect Your Family from Lead in Your Home".
Maryland law also requires distribution by landlords of an additional pamphlet titled " Lead Poisoning Prevention - Notice of Tenants' Rights".
- Routinely and consistently check the property for chipping, peeling, or flaking paint .
- Follow diligently the Maryland Lead Poisoning Prevention Program, enacted in 1994 by the Maryland General Assembly with the purpose of reducing the incidence of childhood lead poisoning while maintaining the stock of affordable rental housing. The program is administered by the MDE.
Wednesday, April 9, 2014
The Lawyer's Mailbox: MARYLAND BILL OF HEALTH : WRONGFUL DEATH AND MEDI...
The Lawyer's Mailbox: MARYLAND BILL OF HEALTH : WRONGFUL DEATH AND MEDI...: www.charlesjeromeware.com . "Here to make a difference." For an initial courtesy consultation, contact the Maryland-based nationa...
MARYLAND BILL OF HEALTH : WRONGFUL DEATH AND MEDICAL MALPRACTICE ISSUES
www.charlesjeromeware.com. "Here to make a difference."
For an initial courtesy consultation, contact the Maryland-based national medical malpractice law firm of Charles Jerome Ware, Attorneys & Counselors, at (410) 720-6129, (410) 730-5016, or charlesjeromeware@msn.com.
MUMMERT vs. ALIZADEH, --- A.3d ---, 2013, WL 5663105 ( Md. 2013). On October 18, 2013, the Maryland Court of Appeals -- the state's highest court ---delivered a precedential ruling on the applicability of the state's limitation and repose statutes to lawsuits for wrongful death that allegedly resulted from medical malpractice.
Facts: A family doctor failed to address his patient's cancer symptoms between 1997 and 2004.
In 2004, the patient was diagnosed with cancer that could not be treated successfully. The patient died of cancer on March 14th, 2008. On March 8th, 2011, the patient's surviving family members
filed a wrongful death action against the doctor, who claimed in defense that the wrongful death action was time-barred. The defendant doctor relied on the Maryland 3-year statute of limitations period set for wrongful death actions generally and on Maryland's Health Care Malpractice Claims Act that sets two alternative expiration dates for lawsuits against physicians : within " (1) Five years of the time the injury was committed, or (2) within three years of the date the injury was discovered." [ Section 5-109 of the Courts and Judicial Proceedings Article of the Maryland Code].
The trial court dismissed both defenses and allowed the plaintiffs to proceed with their lawsuit.
Court's Rulings:
The trial court properly ruled that the wrongful death action --- that amasses all death-related damages --- had not expired because it was filed six days prior to the end of the 3-year limitations period. The also dismissed the doctor's defensive claims for other unrelated reasons.
The trial court also properly ruled that the repose statute does not bar the plaintiffs ' wrongful death action because it refers to suits for " injury" as opposed to " death". The Court opined that medical malpractice that kills the patient is not subject to repose.
[ http://blogs.law.harvard.edu/billof health/2013/10/21/medical malpractice and wrongful death ]
For an initial courtesy consultation, contact the Maryland-based national medical malpractice law firm of Charles Jerome Ware, Attorneys & Counselors, at (410) 720-6129, (410) 730-5016, or charlesjeromeware@msn.com.
MUMMERT vs. ALIZADEH, --- A.3d ---, 2013, WL 5663105 ( Md. 2013). On October 18, 2013, the Maryland Court of Appeals -- the state's highest court ---delivered a precedential ruling on the applicability of the state's limitation and repose statutes to lawsuits for wrongful death that allegedly resulted from medical malpractice.
Facts: A family doctor failed to address his patient's cancer symptoms between 1997 and 2004.
In 2004, the patient was diagnosed with cancer that could not be treated successfully. The patient died of cancer on March 14th, 2008. On March 8th, 2011, the patient's surviving family members
filed a wrongful death action against the doctor, who claimed in defense that the wrongful death action was time-barred. The defendant doctor relied on the Maryland 3-year statute of limitations period set for wrongful death actions generally and on Maryland's Health Care Malpractice Claims Act that sets two alternative expiration dates for lawsuits against physicians : within " (1) Five years of the time the injury was committed, or (2) within three years of the date the injury was discovered." [ Section 5-109 of the Courts and Judicial Proceedings Article of the Maryland Code].
The trial court dismissed both defenses and allowed the plaintiffs to proceed with their lawsuit.
Court's Rulings:
The trial court properly ruled that the wrongful death action --- that amasses all death-related damages --- had not expired because it was filed six days prior to the end of the 3-year limitations period. The also dismissed the doctor's defensive claims for other unrelated reasons.
The trial court also properly ruled that the repose statute does not bar the plaintiffs ' wrongful death action because it refers to suits for " injury" as opposed to " death". The Court opined that medical malpractice that kills the patient is not subject to repose.
[ http://blogs.law.harvard.edu/billof health/2013/10/21/medical malpractice and wrongful death ]
Tuesday, April 8, 2014
The Lawyer's Mailbox: THE ESTATE FROM HELL : REDSKINS' BILLIONAIRE JACK...
The Lawyer's Mailbox: THE ESTATE FROM HELL : REDSKINS' BILLIONAIRE JACK...: www.charlesjeromeware.com . "Here to make a difference." Charles Jerome Ware, Attorneys & Counselors, is a Maryland-based na...
THE ESTATE FROM HELL : REDSKINS' BILLIONAIRE JACK KENT COOKE
www.charlesjeromeware.com . "Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, is a Maryland-based national estates and trusts, inter alia, law firm. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
In my experience and opinion, if there was ever a modern American estate that was in desperate need of a " living revocable trust' it was that of the late billionaire owner of the NFL Washington Redskins professional football team --- Jack Kent Cook. With no revocable ( nor irrevocable) trust in place, The deceased former NFL team owner left only a will that had been amended 8 times, a $1.3 billion estate in almost total disarray, an angry widow's claim ( It is reported she eventually received about $ 20 million from a lawsuit against the estate), a disenchanted son's unfulfilled dream of owning outright his father's beloved Redskins' franchise, at least 7 years of lawsuits that helped to drain the estate of assets, and over $ 64 million in professional fees, etc.
Billionaire Cooke's estate planning and counseling, was clearly lacking. His final will left 7 executors for his estate ( far too many), most of them former employees. When presented with Cooke's will, most of the 7 executors had never even seen it nor knew of its instructions.
Jack Kent Cooke started out on his road to being a billionaire owner of media companies, sports teams, and real estate ( including New York's famous art deco Chrysler Building) valued at $ 1.3 billionaire by selling encyclopedias door-to-door as a high school drop-out. Although a highly successful and sophisticated businessman, his estate planning failed miserably. The lessons to be learned from his death continue to be relevant in estate planning to this day.
Cooke probably should have used a revocable living trust. With such a trust his estate would not have been required to go through the cumbersome probate process; which, by the way, is open to the inquisitive eyes of the public. His messy estate affairs would have remained private.
Having seven executors certainly created turmoil and unnecessary additional costs to the estate. As usual with such a large number of executors, there was dissension in the ranks which drove the executor fees to over $ 17 million.
Finally, it is apparent that Cooke failed to provide adequate liquidity ( cash on hand) to accomplish his estate goals. The estate ended up having to sell Cooke's beloved Redskins to Daniel Snyder for $ 800 million to pay estate taxes and so forth. This was unfortunate for Cooke's son, John, to whom his father had promised to leave ownership of the team.
Charles Jerome Ware, Attorneys & Counselors, is a Maryland-based national estates and trusts, inter alia, law firm. For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410) 730-5016 or (410) 720-6129.
In my experience and opinion, if there was ever a modern American estate that was in desperate need of a " living revocable trust' it was that of the late billionaire owner of the NFL Washington Redskins professional football team --- Jack Kent Cook. With no revocable ( nor irrevocable) trust in place, The deceased former NFL team owner left only a will that had been amended 8 times, a $1.3 billion estate in almost total disarray, an angry widow's claim ( It is reported she eventually received about $ 20 million from a lawsuit against the estate), a disenchanted son's unfulfilled dream of owning outright his father's beloved Redskins' franchise, at least 7 years of lawsuits that helped to drain the estate of assets, and over $ 64 million in professional fees, etc.
Billionaire Cooke's estate planning and counseling, was clearly lacking. His final will left 7 executors for his estate ( far too many), most of them former employees. When presented with Cooke's will, most of the 7 executors had never even seen it nor knew of its instructions.
Jack Kent Cooke started out on his road to being a billionaire owner of media companies, sports teams, and real estate ( including New York's famous art deco Chrysler Building) valued at $ 1.3 billionaire by selling encyclopedias door-to-door as a high school drop-out. Although a highly successful and sophisticated businessman, his estate planning failed miserably. The lessons to be learned from his death continue to be relevant in estate planning to this day.
Cooke probably should have used a revocable living trust. With such a trust his estate would not have been required to go through the cumbersome probate process; which, by the way, is open to the inquisitive eyes of the public. His messy estate affairs would have remained private.
Having seven executors certainly created turmoil and unnecessary additional costs to the estate. As usual with such a large number of executors, there was dissension in the ranks which drove the executor fees to over $ 17 million.
Finally, it is apparent that Cooke failed to provide adequate liquidity ( cash on hand) to accomplish his estate goals. The estate ended up having to sell Cooke's beloved Redskins to Daniel Snyder for $ 800 million to pay estate taxes and so forth. This was unfortunate for Cooke's son, John, to whom his father had promised to leave ownership of the team.
The Lawyer's Mailbox: ESTATE "CONTROL" : REVOCABLE vs. IRREVOCABLE TRUST...
The Lawyer's Mailbox: ESTATE "CONTROL" : REVOCABLE vs. IRREVOCABLE TRUST...: www.charlesjeromeware.com . "Here to make a difference." Charles Jerome Ware, Attorneys & Counselors, is a Maryland-based n...
ESTATE "CONTROL" : REVOCABLE vs. IRREVOCABLE TRUSTS, www.charlesjeromeware.com
www.charlesjeromeware.com. "Here to make a difference."
Charles Jerome Ware, Attorneys & Counselors, is a Maryland-based national law firm.
For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410)
720-6129 or (410) 730-5016. The information presented herein is not intended to be legal advice.
In today's estate environment trusts are one of the most preferred methods of passing on and preserving wealth. Most Americans need to know the difference between the two most used
trusts : revocable and irrevocable .
.On a very basic level, the primary difference between these two trust instruments is " control."
A revocable trust is more commonly referred to as a " living trust." It is a legal instrument (document) created during a person's life and is used to hold property such as real property
(realty), business assets, and investments for the benefit of that person and his or her family. What makes this trust "revocable" is that the person who creates the trust (the "grantor") can
literally dissolve the trust at any point during the his or her lifetime. This living revocable trust ensures not only that the person's assets are protected after death but it also protects those assets during life.
The irrevocable trust cannot be altered or changed, nor dissolved, after its creation without the permission of the trustee ( the person responsible for the trust's assets) and all of the beneficiaries ( the individuals who receive support and money from the trust). Many of us estate planners may recommend that a person create an irrevocable trust (particularly upon his or her death) in order to ensure that the deceased's loved ones are taken care of. The difficulty encountered in changing the trust or dissolving it can ensure that misguided beneficiaries do not fight over or "burn through" the limited trust funds, Further, the trust funds will be protected from the beneficiaries' creditors.
In the event that a person creates a living revocable trust and dies, that trust then reverts to an irrevocable trust.
Charles Jerome Ware, Attorneys & Counselors, is a Maryland-based national law firm.
For an initial courtesy consultation, contact us at charlesjeromeware@msn.com, (410)
720-6129 or (410) 730-5016. The information presented herein is not intended to be legal advice.
In today's estate environment trusts are one of the most preferred methods of passing on and preserving wealth. Most Americans need to know the difference between the two most used
trusts : revocable and irrevocable .
.On a very basic level, the primary difference between these two trust instruments is " control."
A revocable trust is more commonly referred to as a " living trust." It is a legal instrument (document) created during a person's life and is used to hold property such as real property
(realty), business assets, and investments for the benefit of that person and his or her family. What makes this trust "revocable" is that the person who creates the trust (the "grantor") can
literally dissolve the trust at any point during the his or her lifetime. This living revocable trust ensures not only that the person's assets are protected after death but it also protects those assets during life.
The irrevocable trust cannot be altered or changed, nor dissolved, after its creation without the permission of the trustee ( the person responsible for the trust's assets) and all of the beneficiaries ( the individuals who receive support and money from the trust). Many of us estate planners may recommend that a person create an irrevocable trust (particularly upon his or her death) in order to ensure that the deceased's loved ones are taken care of. The difficulty encountered in changing the trust or dissolving it can ensure that misguided beneficiaries do not fight over or "burn through" the limited trust funds, Further, the trust funds will be protected from the beneficiaries' creditors.
In the event that a person creates a living revocable trust and dies, that trust then reverts to an irrevocable trust.
Wednesday, April 2, 2014
The Lawyer's Mailbox: MARYLAND PLAINTIFFS & VICTIMS MEDICAL MALPRACTICE ...
The Lawyer's Mailbox: MARYLAND PLAINTIFFS & VICTIMS MEDICAL MALPRACTICE ...: www.charlesjeromeware.com . "Here to make a difference." For an initial courtesy consultation, contact the Maryland-headquarter...
MARYLAND PLAINTIFFS & VICTIMS MEDICAL MALPRACTICE (NEGLIGENCE) LAW FOR BEGINNERS
www.charlesjeromeware.com. "Here to make a difference." For an initial courtesy consultation, contact the Maryland-headquartered national medical malpractice law firm of Charles Jerome Ware, Attorneys & Counselors, at charlesjeromeware@msn.com, (410) 720-6129 or (410) 730-5016.
The Basics of Maryland Medical Malpractice Law for Beginners.
The are many types of injuries (including fatal injuries) that could be cause for medical malpractice and/or wrongful death claims in Maryland. Misdiagnoses, surgery errors, medicine prescription mistakes, improper use of anesthesia, unnecessary amputation, and so forth, are all potentially valid reasons to file claims of medical malpractice in Maryland.
Medical malpractice claims are state law driven. In other words, Maryland medical malpractice laws define and control what Maryland courts consider to be medical malpractice.
To win a medical malpractice case in Maryland, the plaintiff (victim) must prove that the doctor or other healthcare professional who treated the plaintiff breached (violated) the standard of care. The
standard of care is the generally accepted procedure or practice used by medical professionals within the same established geographic area when treating patients with a particular disorder, disease or injury.
The standard of care may vary in some cases depending upon the patient's age, physical condition , medical history, etc.
Additionally,, the plaintiff prove that the breach(violation) is what caused the plaintiff's injuries. A breach of the standard of care can happen in a variety of circumstances and at a number of different points during treatment, such as :
* Misdiagnosis or failing to diagnose a medical problem;
* Failing to administer treatment properly;
* Prescribing the wrong medication for an illness: and
* Failing to inform a patient about the risks of treatment; inter alia.
< see more >
The Basics of Maryland Medical Malpractice Law for Beginners.
The are many types of injuries (including fatal injuries) that could be cause for medical malpractice and/or wrongful death claims in Maryland. Misdiagnoses, surgery errors, medicine prescription mistakes, improper use of anesthesia, unnecessary amputation, and so forth, are all potentially valid reasons to file claims of medical malpractice in Maryland.
Medical malpractice claims are state law driven. In other words, Maryland medical malpractice laws define and control what Maryland courts consider to be medical malpractice.
To win a medical malpractice case in Maryland, the plaintiff (victim) must prove that the doctor or other healthcare professional who treated the plaintiff breached (violated) the standard of care. The
standard of care is the generally accepted procedure or practice used by medical professionals within the same established geographic area when treating patients with a particular disorder, disease or injury.
The standard of care may vary in some cases depending upon the patient's age, physical condition , medical history, etc.
Additionally,, the plaintiff prove that the breach(violation) is what caused the plaintiff's injuries. A breach of the standard of care can happen in a variety of circumstances and at a number of different points during treatment, such as :
* Misdiagnosis or failing to diagnose a medical problem;
* Failing to administer treatment properly;
* Prescribing the wrong medication for an illness: and
* Failing to inform a patient about the risks of treatment; inter alia.
< see more >
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