The Lawyer's Mailbox: Frye vs Daubert: Legal Scientific Evidence

The Lawyer's Mailbox: Frye vs Daubert: Legal Scientific Evidence: www.charlesjeromeware.com              " Here to make a difference." FRYE  Standard: In 1923, the Court of Appeals for the Dis...

Frye vs Daubert: Legal Scientific Evidence

www.charlesjeromeware.com             " Here to make a difference."

FRYE  Standard:

In 1923, the Court of Appeals for the District of Columbia held in the case of  Frye vs. United States,
293 F. 1013 ( D.C. Cir. 1923), that for new or novel scientific evidence to be admissible, it must " have gained general acceptance in the particular field in which it belongs.'" This standard came to be known as the Frye   standard .

Technically, there are two prongs to the Frye standard:
(1) Identifying the "particular field" or relevant scientific community; and
(2) Demonstrating that novel scientific evidence  is generally accepted in that community.

DAUBERT  Standard (Federal Rules of Evidence):

In 1993, the Supreme Court of the United States ( SCOTUS) held in the case of Daubert vs. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), that the Federal Rules of Evidence (FRE), specifically Rule 702, replaced the common law FRYE standard as the evidentiary basis for admitting scientific evidence in Federal courts. SCOTUS found that Rule 702 does not incorporate the general acceptance requirements of the FRYE standard, as a prerequisite for the admission of expert scientific testimony.

The Lawyer's Mailbox: "BLURRED LINES" LEAD PAINT POISONING DEFENSE A TO ...

The Lawyer's Mailbox: "BLURRED LINES" LEAD PAINT POISONING DEFENSE A TO ...: “BLURRED LINES”: LEAD PAINT POISONONG DEFENSE A TO Z: Baltimore , Maryland .   www.charlesjeromeware.com . “ Here to make a differ...

The Lawyer's Mailbox: ADVICE FOR REPRESENTING THE CELEBRITY CLIENT

The Lawyer's Mailbox: ADVICE FOR REPRESENTING THE CELEBRITY CLIENT: ADVICE FOR REPRESENTING THE CELEBRITY CLIENT   1.                   Avoid the client who refuses to be the “client”. 2.        ...

ADVICE FOR REPRESENTING THE CELEBRITY CLIENT

ADVICE FOR REPRESENTING THE CELEBRITY CLIENT

 

1.                  Avoid the client who refuses to be the “client”.

2.                  Avoid the client who wants guarantees.

3.                  Avoid the client who seems to be untruthful with you.

4.                  Avoid the client who insists on trying the case in the media.

 

[chap. 21 – Representing the Celebrity Client”, Understanding the law: AP [Defending Drinking Drivers, Vol. 1. Tarabtino and Frajola]

 

"BLURRED LINES" LEAD PAINT POISONING DEFENSE A TO Z: Baltimore, Maryland

“BLURRED LINES”: LEAD PAINT POISONONG DEFENSE A TO Z: Baltimore, Maryland.

 

www.charlesjeromeware.com. “Here to make a difference.”

 

Charles Jerome Ware is a nationally-respected premier landlord lead paint poisoning defense attorney, whose offices are located in the Baltimore-Washington Metropolitan area.  For questions or an initial courtesy consultation, contact Attorney Ware at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com.

 

 

Lead paint lawsuits by tenants against landlords have increased during the past few years as the public has become more aware of the dangers created by lead paint.

 

Lawyers who represent injured children or residential landlords should investigate the facts to determine the identity of potentially liable defendants, the cause of causes of injury, the potential defenses to the claim, which experts to utilize, and the different types of damages available in the case.

 

How much in Damages Can Be Expected?

 

Damages recoverable in lead paint suits are similar to those recoverable in other types of personal injury litigations: loss of earning capacity, medical expenses, and pain and suffering.  Parents may have a claim for loss of consortium is some jurisdictions.  Also, some jurisdictions allow for the recovery of punitive damages if the facts of the case establish the elements for the award.

 

The largest dollar claim for damages generally falls under the category of vocational limitations.

 

In most cases, plaintiffs allege that the exposed child will be restricted in vocational options as an adult due to irreversible injuries caused by the exposure to lead that permanently disable the affected child.  As a result, the child’s earning capacity as an adult will be diminished.   

 

In an attempt to mitigate loss of earning capacity damages, defendants may present evidence that parents possess modest or below-average intelligence, together with expert testimony that children usually exhibit a level of intelligence that mirrors their parents.

 

The assessment by the defendant on vocational damages may focus on the child’s home environment and the parents; child rearing practices.  These factors may strongly affect a child’s cognitive behavior and development.

 

Defense counsel may argue that it is better to assess a child’s future earning capacity on familial elements rather than on lead exposure.   

EMPLOYMENT LAW FOR BEGINNERS: Charles Jerome Ware, LLC, Attorneys and Counselors

EMPLOYMENT LAW FOR BEGINNERS: Charles Jerome Ware, LLC, Attorneys and Counselors

 

www.charlesjeromeware.com. “Here to make a difference.”

 

Charles Jerome Ware, LLC is a premier Maryland-based national lead paint poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016.

 

“AT-WILL” EMPLOYMENT

 

“At-Will” Employment means that an employer can terminate an employee’s employment at any time for any reason, except for an illegal reason such as discrimination, or for no reason at all without incurring legal liability.  Similarly, an employee is free to leave a job at any time for any reason or no reason with no adverse legal consequences.  Employment relationships are presumed to be “at-will” in all of the United States, including Maryland, except in the state of Montana.  There are only a handful of countries in the world where employment is predominantly “at-will”, and the United States is one of those countries.  The  vast majority of countries in the world allow employers to dismiss or terminate employees’ employment only for “cause”.  Some reasons frequently for the U.S. retention of the “at-will” employment presumption include (1) respect for freedom of contract, (2) employer deference, and (3) the belief that both employers and employees favor an “at-will” employment relationship over job security.

 

EMPLOYMENT LAW

 

Employment Law is a broad legal area encompassing all aspects of the employer/employee relationship except the negotiating process covered by labor law and collective bargaining.  Employment law consists of thousands of Federal and state statutes, administrative regulations and judicial decisions.  Many employment laws were enacted as protective labor legislation (e.g. minimum wage regulations).  Other employment laws take the form of public nuisance, such as unemployment compensation.

 

Whether you are entering the job market for the first time or were recently terminated, it is important to know and understand your rights as a worker.  Both Federal and Maryland State governments have enacted a wide range of employment laws protecting employees from discriminatory treatment, unfair labor practices, unsafe work conditions, and more.   

 

FEDERAL AND MARYLAND EMPLOYMENT ANTI-DISCRIMINATION LAWS

 

There are a number of Maryland state and Federal laws that prohibit discrimination based on age, race, color, sex, national origin, disability, sexual orientation, religion, and pregnancy, among other categories.  Consider them and consult with us if you feel you have been so negatively affected in your employment.  

"BLURRED LINES": DEFENDING BALTIMORE LEAD PAINT CLAIMS

“BLURRED LINES’: DEFENDING BALTIMORE LEAD PAINT CLAIMS

 

www.charlesjeromeware.com. “Here to make a difference.”

 

Charles Jerome Ware, LLC is a premier Maryland-based national lead paint poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016.

 

The following information is a segment in a continuing symposium on defending lead paint poisoning cases in Baltimore, presented by noted defense attorney Charles Jerome Ware.  Though designed to be helpful to the reader, this information does not create an attorney-client relationship with anyone.  Thank you.

 

There are a number of defenses that are available to landowners and landlords in Baltimore and throughout Maryland in lead paint poisoning claims that utilize, for example, both medical causation and non-medical causation theories.

 

For a medical causation view lead poisoning defenses can include:

(1)   The injury has not been established.

(2)   The injury is so minor that it has caused no medical or physical impairment.

(3)   Scientific evidence has not conclusively established that lead caused the injury exhibited by the child; and

(4)   There are other known causes of the injuries sustained by the child, inter alia.

 

From a non-medical causation view, lead poisoning defenses can include:

(1)   The Plaintiff failed to establish that the alleged injury was caused by exposure to a lead-containing product manufactured or used by the defendant landowner or landlord; or

(2)    The Plaintiff failed to prove the source of the lead exposure was within the defendant’s control, inter alia.

 

Other possible defenses may arise, including, inter alia:

(1)   The genetic factor regarding the intelligence of the child’s parents;

(2)   The health of the child’s parents;

(3)   The parents’ child raising techniques;

(4)   The child general physical and mental health; and

(5)   The socioeconomic status of the child’s family.

 

    

"BLURRED LINES" COSMETIC & PLASTIC SURGERY MALPRACTICE: MARYLAND & D.C. MED. MAL. ATTORNEY

“BLURRED LINES” COSMETIC & PLASTIC SURGERY MALPRACTICE: MARYLAND & D.C. MED. MAL. ATTORNEY

 

www.charlesjeromeware.com “Here to make a difference” [for informational purposes only; not intended as legal advice].

 

There are risks associated with every surgical procedure.  Surgical errors and complications can and do happen.  Competent surgical care can, however, alleviate many of these risks!

 

Plastic surgery is the broad medical terms most commonly associated with cosmetic surgery or physical enhancement for aesthetic purposes.  However, the term actually includes many medical procedures that involve restructuring or reshaping body parts to return to their normal functioning.

 

Generally, plastic surgery does not always involve the use of plastic materials.  Instead, the term “plastic” means to shape or mold, as in when bodily structures are reshaped through surgical procedures.

 

A few common type of plastic surgery procedures include:  

 

(1)   Reconstructive Plastic Surgery, which is commonly used to restore functioning to the face or other areas of the body after an accident or to correct birth defects.

(2)   Skin Drafts, which are frequently used to close wounds from burns or other injuries.

(3)   Cosmetic procedures, which include a whole variety of operations, including augmentation and reduction of body parts, fluid injections, and fat reduction.

 

The types of injuries that can occur with plastic surgery include:

 

(1)      injuries from mistakes or errors,

(2)      Reopening of incisions,

(3)      Leakages, and

(4)      Complication with original injuries.

 

O prove plastic surgery medical malpractice, the following is needed:

(1) That the plastic surgeon owed a duty of care to the patient;

(2) That the duty of care was breached by the surgeon;

(3) That the patient was actually injured as a result of the negligent breach; and

(4) That the breach of duty was the cause of the patient’s injuries.

 

Medical malpractice attorney Charles Jerome Ware is Maryland/DC – based. For an initial courtesy consultation or questions, call him at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com

“BLURRED LINES” COSMETIC SURGERIES 2015: MARYLAND MED.MAL. ATTORNEY

“BLURRED LINES” COSMETIC SURGERIES 2015: MARYLAND MED.MAL. ATTORNEY

 

www.charlesjeromeware.com “Here to make a difference”

 

The number of cosmetic surgical procedures has increased substantially in the United States during recent years. Over 2 million such procedures were reportedly done in America last year alone.

 

The overall number of cosmetic procedures done in the United States had increased over 200% in the past few years.

 

Liposuction is shown to be the most popular procedure.  Two breast surgeries –augmentation and lift – were among the top five most popular cosmetic surgeries performed:

 

(1)   Liposuction – over 325,332 procedures.

(2)   Breast augmentation – 316,848 procedures or more.

(3)   Abdominoplasty – 150,000.

(4)   Eyelid surgery – 150,000.

(5)   Breast Lift – 130,000.

 

Surveys also show a slight decrease in the number of nonsurgical procedures, although 8.0 million such procedures were performed (constituting 82% of all cosmetic procedures).

 

(1)   Botulinum Toxin Type A – 2,7000,000 procedures.

(2)   Hyaluronic acid – 1,300,000.

(3)   Laser Hair Removal – 1,000,000.

(4)   Microdermabrasion – 500,000.

(5)   IPL Laser Treatment - 500,000.

 

Some analyses attributed this growth to the aging of the Baby Boomer generation as well as their children.

 

Some additional interesting findings show:

(1)   91% of all cosmetic procedures were done on women (8.5 million procedures).  This a 210% increased over the last 15 years.

(2)   Of the 900,000 men who has cosmetic surgery in 2013, the most popular procedures were liposuction, rhinoplasty, blepharoplasty, breast reductions (for gynecomastia) and facelifts.

(3)   About $15 billion was spent on cosmetic procedures in the United States, and of that $7.0 billion was spent on surgical procedures.  The rest was spent on nonsurgical procedures such as injectables, skin rejuvenation, and laser hair removal. 

 

[Thanks to the following sources:  “Celebrating 15 years of Trustworthy Plastic Surgery”, Addena Babbit, ASAPS; http://drnichter.com/plastic -surgery].

 

Medical malpractice attorney Charles Jerome Ware is Maryland/DC – based. For an initial courtesy consultation or questions, call him at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com

The Lawyer's Mailbox: BALTIMORE LEAD PAINT DEFENSE ATTORNEY CHARLES WARE...

The Lawyer's Mailbox: BALTIMORE LEAD PAINT DEFENSE ATTORNEY CHARLES WARE...: www.charlesjeromeware.com         " Here to make a difference." Charles Jerome Ware, LLC is a premier Maryland-based, nationally...

BALTIMORE LEAD PAINT DEFENSE ATTORNEY CHARLES WARE: "LEAD-BASED PAINT HAZARD" DEFINITION

www.charlesjeromeware.com        " Here to make a difference."

Charles Jerome Ware, LLC is a premier Maryland-based, nationally-respected lead-based paint poisoning landlord defense law firm.  For questions or an initial courtesy consultation, contact us at (410) 720-6129 or (410) 730-5016.  We can help you.

The " action level" for lead-based paint (LBP) established in the Lead-Based Paint Poisoning Prevention Act (LBPPPA) amendments in the 1987 Federal Housing Act is a lead content of 1.0 mg,cm2 as measured by an XRF analyzer. It has gradually gone down over the years. Some state and local regulations have set a lower level at 0.5 mg/cm2. Since there is understandable concern by many over the reliability of XRF results at these levels, these Guidelines recommend backup chemical testing utilizing AAS or inductively coupled plasma atomic emission spectrometry )ICP-AES).

When using chemical testing, the action level is either 0.5% by weight or 1.0 mg/cm2.

The Lawyer's Mailbox: RULE or DOCTRINE of COMPLETENESS: Criminal Evidenc...

The Lawyer's Mailbox: RULE or DOCTRINE of COMPLETENESS: Criminal Evidenc...: www.charlesjeromeware.com                " Here to make a difference." Premier defense attorney Charles Jerome Ware is nationall...

RULE or DOCTRINE of COMPLETENESS: Criminal Evidence By Maryland Attorney Charles Ware

www.charlesjeromeware.com               " Here to make a difference."

Premier defense attorney Charles Jerome Ware is nationally-respected and based in Maryland
For questions or an initial courtesy consultation, he can be reached at (410) 720-6129 or (410) 730-5016. He can help you.

  CRIMINAL EVIDENCE : The Rule or Doctrine of Completeness [ of Verbal Statements]

The rule or doctrine of completeness has its roots in common law, and it serves two purposes:

(1) To ensure that the court not be misled because portions of a person's  statements (usually verbal) are taken out of context, and
(2) To avoid the danger that an out-of-context statement may create such prejudice that it is impossible to repair by a subsequent presentation of additional material.

[ And see, 62 Notre Dame Law Review 382; Maryland Law Review, Volume 60, Issue 2, Article 4]

The Lawyer's Mailbox: TITLE X BENEFITS TO LANDLORD DEFENDANTS: BALTIMORE...

The Lawyer's Mailbox: TITLE X BENEFITS TO LANDLORD DEFENDANTS: BALTIMORE...: www.charlesjeromeware.com                   " Here to make a difference." Charles Jerome Ware, LLC is a premier Maryland-based l...

The Lawyer's Mailbox: TITLE X BENEFITS TO LANDLORD DEFENDANTS: BALTIMORE...

The Lawyer's Mailbox: TITLE X BENEFITS TO LANDLORD DEFENDANTS: BALTIMORE...: www.charlesjeromeware.com                   " Here to make a difference." Charles Jerome Ware, LLC is a premier Maryland-based l...

TITLE X BENEFITS TO LANDLORD DEFENDANTS: BALTIMORE LEAD PAINT DEFENSE LAWYER CHARLES WARE

www.charlesjeromeware.com                  " Here to make a difference."

Charles Jerome Ware, LLC is a premier Maryland-based lead paint poisoning landlord defense law firm. For questions or an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We can help you.

Title X of the Housing and Community Development Act [ The Residential Lead-Based Paint Hazard Reduction Act of 1992], with its obligations  and responsibilities of landlords, may also benefit landlord defendants in lead poisoning cases.

First, compliance by landlords with the requirements of the Act may provide a partial defense against plaintiffs' claims in lawsuits.

Second, compliance by landlords may provide the basis for an affirmative defense against plaintiffs of  " assumption of risk" by the plaintiffs when they rented or bought the premises after receiving the lead paint disclosure from the landlord. Thirdly, in jurisdictions which preclude negligence claims against the infant-plaintiff's parents, defendant landlords may be able to maintain a claim against the parents by arguing that they were reckless in renting or purchasing the premises despite the lead warning.

The Lawyer's Mailbox: The Lawyer's Mailbox: MARYLAND TRUSTS versus WILLS...

The Lawyer's Mailbox: The Lawyer's Mailbox: MARYLAND TRUSTS versus WILLS...: The Lawyer's Mailbox: MARYLAND TRUSTS versus WILLS 101 : www.charlesjeromeware.com             " Here to make a difference." ...

LANDLORD LEAD PAINT RESPONSIBILITES TO NEW TENANTS: MARYLAND LANDLORD DEFENSE ATTORNEY

www.charlesjeromeware.com               " Here to make a difference."

Charles Jerome Ware, LLC, is a premier Maryland-based, nationally - known and respected landlord lead-based paint poisoning defense attorney.  For questions or an initial courtesy consultation, we can be reached at (410) 720-6129 or (410) 730-5016. We can help you.

Landlords renting to new tenants must abide by TITLE X of the Housing and Community Development Act , 42 U.S.C. section 4852 (d), Public law, Section 102-550.

The Residential Lead-based Paint Hazard Reduction Act of 1992, also known as Title X of the Housing and Community Development Act, directs the Department of Housing and Urban Development (HUD) and the Environmental Protection  Agency (EPA) to establish regulations " for the disclosure of lead-based paint hazards in target housing which is offered for sale or lease."

Title X also mandates that each contract for the purchase and sale of any interest in target housing must contain a specified " Lead Warning Statement", as set out in the statute, as well as signed acknowledgement by the purchaser or lessee that he or she has read and understood the lead warning statement, received a lead hazard information pamphlet, and had ten days to conduct " a risk assessment or inspection" for lead-based paint hazards.

Title X, designed to educate the public about the hazards of lead-based paint, does not require testing or abatement of a lead-based paint condition.  It sets out the specific lead warning statement that must be included " on a separate sheet of paper attached to the contract", and it further provides that when the seller or lessor has an agent to sell or lease" target housing", the agent is required to ensure compliance with the statute.  Additionally, Title X provides for both civil and criminal penalties for violations of its provisions and authorizes HUD to seek injunctive relief for such violations.

The Lawyer's Mailbox: MARYLAND TRUSTS versus WILLS 101

The Lawyer's Mailbox: MARYLAND TRUSTS versus WILLS 101: www.charlesjeromeware.com             " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based estates...

The Lawyer's Mailbox: SIMPLE & BASIC MARYLAND DUI AND DWI RULES FOR DEF...

The Lawyer's Mailbox: SIMPLE & BASIC MARYLAND DUI AND DWI RULES FOR DEF...: www.charlesjeromeware.com              " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based, natio...

The Lawyer's Mailbox: ROENTGENOLOGY (RADIOLOGY) ERRORS & MALPRACTICE : ...

The Lawyer's Mailbox: ROENTGENOLOGY (RADIOLOGY) ERRORS & MALPRACTICE : ...: www.charlesjeromeware.com                 " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based, na...

The Lawyer's Mailbox: MARYLAND LEAD POISONING (PLUMBISM) DEFENSE: IMPORT...

The Lawyer's Mailbox: MARYLAND LEAD POISONING (PLUMBISM) DEFENSE: IMPORT...: www.charlesjeromeware.com                   " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based,...

The Lawyer's Mailbox: The Lawyer's Mailbox: MARYLAND LEAD POISONING (PLU...

The Lawyer's Mailbox: The Lawyer's Mailbox: MARYLAND LEAD POISONING (PLU...: The Lawyer's Mailbox: MARYLAND LEAD POISONING (PLUMBISM) DEFENSE: IMPORT... : www.charlesjeromeware.com                   " Here to...

The Lawyer's Mailbox: BALTIMORE MARYLAND LANDLORD LEAD PAINT TIPS AND WA...

The Lawyer's Mailbox: BALTIMORE MARYLAND LANDLORD LEAD PAINT TIPS AND WA...: www,charlesjeromeware.com                      " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-bas...

The Lawyer's Mailbox: BALTIMORE MARYLAND LANDLORD LEAD PAINT TIPS AND WA...

The Lawyer's Mailbox: BALTIMORE MARYLAND LANDLORD LEAD PAINT TIPS AND WA...: www,charlesjeromeware.com                      " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-bas...

The Lawyer's Mailbox: HIP REPLACEMENT," FOOT DROP", AND SPINAL CORD STIM...

The Lawyer's Mailbox: HIP REPLACEMENT," FOOT DROP", AND SPINAL CORD STIM...: www.charlesjeromeware.com                 " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based, n...

The Lawyer's Mailbox: BALTIMORE LEAD-BASED PAINT AND PLUMBISM (LEAD POIS...

The Lawyer's Mailbox: BALTIMORE LEAD-BASED PAINT AND PLUMBISM (LEAD POIS...: Charles Jerome Ware, LLC, is a premier Maryland-based, nationally-respected and widely-recognized landlord lead-based paint poisoning defens...

The Lawyer's Mailbox: HOWARD COUNTY " TOP 10 " MARYLAND FAMILY AND DIVOR...

The Lawyer's Mailbox: HOWARD COUNTY " TOP 10 " MARYLAND FAMILY AND DIVOR...: www.charlesjeromeware.com                          " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland...

The Lawyer's Mailbox: CHARLES JEROME WARE, MARYLAND ATTORNEY --- FORMER ...

The Lawyer's Mailbox: CHARLES JEROME WARE, MARYLAND ATTORNEY --- FORMER ...: www.charlesjeromeware.com                        " Here to make a difference." Attorney Charles Jerome Ware is Founder and Senio...

The Lawyer's Mailbox: MARYLAND AND FEDERAL EMPLOYMENT LAW FOR BEGINNERS ...

The Lawyer's Mailbox: MARYLAND AND FEDERAL EMPLOYMENT LAW FOR BEGINNERS ...: www.charlesjeromeware.com         "Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based, nationally...

The Lawyer's Mailbox: The Lawyer's Mailbox: MARYLAND AND FEDERAL EMPLOYM...

The Lawyer's Mailbox: The Lawyer's Mailbox: MARYLAND AND FEDERAL EMPLOYM...: The Lawyer's Mailbox: MARYLAND AND FEDERAL EMPLOYMENT LAW FOR BEGINNERS ... : www.charlesjeromeware.com         "Here to make a dif...

The Lawyer's Mailbox: DEFENDING BALTIMORE LEAD PAINT CLAIMS

The Lawyer's Mailbox: DEFENDING BALTIMORE LEAD PAINT CLAIMS: www.charlesjeromeware.com      " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based national lead...

The Lawyer's Mailbox: The Lawyer's Mailbox: MD. DIVORCE " CRAWFORD CREDI...

The Lawyer's Mailbox: The Lawyer's Mailbox: MD. DIVORCE " CRAWFORD CREDI...: The Lawyer's Mailbox: MD. DIVORCE " CRAWFORD CREDITS": www.charlesjerome... : MARYLAND DIVORCE

The Lawyer's Mailbox: THE LOTTERY BIBLE : FACT, FAITH, FORTITUDE & FORTU...

The Lawyer's Mailbox: THE LOTTERY BIBLE : FACT, FAITH, FORTITUDE & FORTU...: The Lottery Bible :                                 THE SECRET SCIENCE OF WINNING LOTTERIES,                                SWEEPSTAKES AN...

The Lawyer's Mailbox: MARYLAND MED. MAL. ATTY.: CHIROPRACTIC MANIPULATIO...

The Lawyer's Mailbox: MARYLAND MED. MAL. ATTY.: CHIROPRACTIC MANIPULATIO...: www.charlesjeromeware.com      " Here to make a difference." Attorney Charles Jerome Ware can be reached at (410) 720-6129 or (41...

The Lawyer's Mailbox: UNDERSTANDING BALTIMORE LEAD PAINT COURT

The Lawyer's Mailbox: UNDERSTANDING BALTIMORE LEAD PAINT COURT: www.charlesjeromeware.com       " Here to make a difference." Charles Jerome Ware, LLC is a premier Maryland-based, nationally k...

The Lawyer's Mailbox: The Lawyer's Mailbox: UNDERSTANDING BALTIMORE LEAD...

The Lawyer's Mailbox: The Lawyer's Mailbox: UNDERSTANDING BALTIMORE LEAD...: The Lawyer's Mailbox: UNDERSTANDING BALTIMORE LEAD PAINT COURT : www.charlesjeromeware.com       " Here to make a difference."...

The Lawyer's Mailbox: HO. CO. MARYLAND "10 BEST DIVORCE" LAWYER: CHARLES...

The Lawyer's Mailbox: HO. CO. MARYLAND "10 BEST DIVORCE" LAWYER: CHARLES...: www.charlesjeromeware.com                      " Here to make a difference." BEGINNERS' OVERVIEW OF DIVORCE IN MARYLAND: 1....

The Lawyer's Mailbox: HO. CO. DUI DEFENSE INSTITUTE - "MARYLAND BEST 10 ...

The Lawyer's Mailbox: HO. CO. DUI DEFENSE INSTITUTE - "MARYLAND BEST 10 ...: www.charlesjeromeware.com              " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based , nat...

The Lawyer's Mailbox: "BLURRED LINES" MARYLAND DUI & DWI LAWS

The Lawyer's Mailbox: "BLURRED LINES" MARYLAND DUI & DWI LAWS: Maryland drunk driving laws can be complicated.   There are multiple charges that fall under the umbrella of drunk driving in Maryland ...

The Lawyer's Mailbox: "BLURRED LINES" CONSTITUTIONAL DUI AND DWI DEFENSE...

The Lawyer's Mailbox: "BLURRED LINES" CONSTITUTIONAL DUI AND DWI DEFENSE...:   www.charlesjeromeware.com “Here to make a difference”   Constitutional concepts surrounding the 4 th , 5 th and 6 th Amend...

"BLURRED LINES" CONSTITUTIONAL DUI AND DWI DEFENSE: MARYLAND "BEST 10 AIDUIA ATTORNEY"

 

www.charlesjeromeware.com “Here to make a difference”

 

Constitutional concepts surrounding the 4^th, 5^th and 6^th Amendments play a significant role in defending against DUIT and DWI (“Drunk Driving”) charges.

 

The key principle of the 4th Amendment is that people must be secure in their homes, cars, documents, other belonging as well their person.  The public must be secure against “unreasonable searches and seizures”.

 

The main principle of the 5^th Amendment is that persons accused of crimes cannot be compelled to testify or present any evidence against themselves.  You have a right to remain silent [Miranda v. Arizona, 384, U.S. 436, 86 S.Ct. 1602].

 

The principle of the 6^th Amendment is to insure that an accused has access and the right to an attorney at all critical stages of criminal proceeding (including DUI and DWI cases) [McNutt v. Superior Court, 133 Ariz. 7 (1982)]

 

ABOUT ATTORNEY CHARLES WARE

 

www.charlesjeromeware.com “Here to make a difference.”  We can help you. Guaranteed.

 

Among his numerous other legal awards and honors such as “America’s Best Attorneys and Counselors”, “U.S Super Lawyer”, “Top Lawyers in America”, “Top Attorneys and Counselors in the U.S.”, “Top Lawyers  in Maryland”, and winner of the National “Charles Hamilton Houston Award for Outstanding Litigation.” Premier criminal defense attorney Charles Ware is recognized and ranked by his many satisfied clients as well as his legal peers as “One of the 10 BEST DUI and DWI attorneys in the State of Maryland,” as confirmed from research, surveys and other investigation by The America Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.

 

Attorney Ware is also the founder and senior partner of the Maryland-based national criminal defense and civil trial law firm Charles Jerome Ware, Attorneys and Counselors, LLC.  For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.  

 

 

"BLURRED LINES" MARYLAND DUI & DWI LAWS

Maryland drunk driving laws can be complicated.  There are multiple charges that fall under the umbrella of drunk driving in Maryland, and there are different penalties for each charge.  The two principle charges are known as driving under the influence (DUI) and driving while impaired or operating while impaired (DWI or OWI) in Maryland.

 

A.        Maryland Drunk Driving Laws: DUI Versus DWI

Under Maryland drunk driving laws, a distinction is made between being over the legal blood-alcohol limit and driving while impaired by alcohol.

 

(1)        Driving while impaired (DWI) is considered a lesser offense than driving under the influence (DUI), and thus the penalties for DWI are less severe than those for DUI.

 

(2)        You may be arrested and charges with a DUI in Maryland, via chemical testing, a police officer determines that your blood-alcohol content is .08 percent or higher.  This is the legal limit in Maryland and just about every other state in the U.S.

 

(3) To receive the lesser charge of a DWI in Maryland, your blood-alcohol content must fall between .07 and 0.8 percent.  Once again, this will be determined through chemical testing.

 

B.                 Suspicion of Drinking and Driving in Maryland

 

(1)        Under Maryland drunk driving laws, a police officer may pull you over on suspicion of either a DUI or DWI for a number of reasons.

 

(2)        One of the most common reasons an officer may pull you over is because  you committed a traffic violation.  Examples of traffic violations include:

            (i)         Driving through a red light;

            (ii)        Failing to stop at a stop sign;

            (iii)       Driving with your headlights off at night;

            (iv)       Speeding; or

(v)               Driving in two lanes at once.

 

(3)               A police officer may also pull you over even if you are not breaking a traffic law.  If your driving appears erratic, that is enough reason for an officer to investigate further.  Examples of erratic behavior include:

 

(i)                 Weaving in and out of a lane;

(ii)               Driving too slowly; and

(iii)             Hesitating before passing through a green light.

 

(4)        Once the officer has pulled you over he or she may try to gauge whether you are intoxicated by observing you behavior.  Alcohol on your breath, slurred speech, and bloodshot eyes are all considered and taken as signs of possible intoxication.

 

C.                 Field Sobriety and Breathalyzer Tests

(1)        If, after observing you up close, the officer still suspects you of being intoxicated, he or she may ask you to step out of the vehicle and submit to field sobriety tests.

 

(2)        Field sobriety testing is used by Maryland police to determine whether someone is probably drunk.  Possible field sobriety tests that an officer might use in a Maryland drunk driving incident include:

 

(i)                 Saying the alphabet;

(ii)               Standing on one leg;

(iii)             Walking in a straight line; or

(iv)             Following a moving object with your eyes without moving your head.

 

(3)               The officer may also seek to administer a breathalyzer test,  A breathalyzer  is a device that can allegedly can gauge blood-alcohol content by detecting trace amounts of alcohol in a person’s breath.

 

D.                            Refusing Chemical Testing. Caveat Emptor!

 

(1)        Under Maryland drunk driving law, if you refuse to undergo chemical testing, including a breathalyzer test, you may be subject to some stiff administrative penalties.

 

(2)        For example, you may have your driver’s license immediately suspended for 120 days for a first offense.  After that, you could have your license suspended for one year, just fir refusing a breathalyzer test.

 

(3)        Maryland is one of a handful of states that does allow you to have an attorney present while taking a chemical test to determine blood-alcohol content.  Once arrested by police, you will have the constitutional right to a DWI attorneys.  As long as your lawyer can appear within two hours of your arrest, you can delay your chemical testing until your attorney arrives.

 

(4)               If you refuse to submit field sobriety testing, the officer has the right to arrest you on the spot on suspicion of drunk driving or impaired.

 

[see, all DUI and DWI blogs of Charles Jerome Ware on the Internet; Maryland Code Annotated].

 

ABOUT ATTORNEY CHARLES WARE

 

www.charlesjeromeware.com “Here to make a difference.”  We can help you. Guaranteed.

 

Among his numerous other legal awards and honors such as “America’s Best Attorneys and Counselors”, “U.S Super Lawyer”, “Top Lawyers in America”, “Top Attorneys and Counselors in the U.S.”, “Top Lawyers  in Maryland”, and winner of the National “Charles Hamilton Houston Award for Outstanding Litigation.” Premier criminal defense attorney Charles Ware is recognized and ranked by his many satisfied clients as well as his legal peers as “One of the 10 BEST DUI and DWI attorneys in the State of Maryland,” as confirmed from research, surveys and other investigation by The America Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.

 

Attorney Ware is also the founder and senior partner of the Maryland-based national criminal defense and civil trial law firm Charles Jerome Ware, Attorneys and Counselors, LLC.  For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.  

 

 

 

The Lawyer's Mailbox: HO. CO. DUI DEFENSE INSTITUTE - "MARYLAND BEST 10 ...

The Lawyer's Mailbox: HO. CO. DUI DEFENSE INSTITUTE - "MARYLAND BEST 10 ...: www.charlesjeromeware.com              " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based , nat...

HO. CO. DUI DEFENSE INSTITUTE - "MARYLAND BEST 10 DUI & DWI ATTORNEY" CHARLES WARE

www.charlesjeromeware.com             " Here to make a difference."

Charles Jerome Ware, LLC, is a premier Maryland-based , nationally-known and respected DUI and DWI defense law firm headquartered in Columbia, Howard County, Maryland. For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. Among other professional accomplishments, defense attorney Charles Jerome Ware is a " U.S. Superlawyer" as well as a "Maryland BEST 10 DUI and DWI ATTORNEY" [AIDUIA].

The Howard County, Maryland DUI DEFENSE INSTITUTE is dedicated to advancements in the legal defense of those accused of drunk driving ( both DUI and DWI).  The affiliated law firm, Charles Jerome Ware, LLC, is well-known for its highly successful legal representation of  hundreds of drunk driving - charged clients since 1988. We can help you.

Maryland drunk driving laws can be complicated and complex.

There are multiple charges that fall under the umbrella of drunk driving  in Maryland, and there are different penalties for each charge. The two principal charges are known as Driving Under the Influence ("DUI") and Driving While Impaired ("DWI"). We are experts in defending both charges successfully.  We can help you defend yourself against these very serious charges. Your career and reputation depend upon it.

The Lawyer's Mailbox: HO. CO. MARYLAND "10 BEST DIVORCE" LAWYER: CHARLES...

The Lawyer's Mailbox: HO. CO. MARYLAND "10 BEST DIVORCE" LAWYER: CHARLES...: www.charlesjeromeware.com                      " Here to make a difference." BEGINNERS' OVERVIEW OF DIVORCE IN MARYLAND: 1....

HO. CO. MARYLAND "10 BEST DIVORCE" LAWYER: CHARLES JEROME WARE

www.charlesjeromeware.com                     " Here to make a difference."

BEGINNERS' OVERVIEW OF DIVORCE IN MARYLAND:
1. Marriage in Maryland is defined as a civil contract between two people or parties under Maryland law.
2. Divorce in Maryland is the ending of a marriage as ordered by a Circuit court in Maryland.
3. There are two types of marriage in Maryland : Absolute and Limited. Absolute is a "final" divorce. Limited divorce is sometimes referred to as a " legal separation."
4. It is the absolute divorce that actually dissolves the marriage.
5. The limited divorce is a Maryland legal action where a married couple is separated. The separation is essentially supervised (casually, in general) by the court. The limited divorce is generally used by people who: (a) do not yet have grounds for absolute divorce; (b) need financial relief; and (c) are not able to settle their differences privately. When the court orders a limited divorce, it means the divorce is not permanent.
6 Once a court orders an absolute divorce, the parties are free to remarry; and one party can no longer automatically inherit property from the other. Any property owned by the parties jointly automatically becomes property held in common. This means that each party is a half owner of the property.
< see more on divorce in blogs of Attorney Charles Jerome Ware >

The Lawyer's Mailbox: UNDERSTANDING BALTIMORE LEAD PAINT COURT

The Lawyer's Mailbox: UNDERSTANDING BALTIMORE LEAD PAINT COURT: www.charlesjeromeware.com       " Here to make a difference." Charles Jerome Ware, LLC is a premier Maryland-based, nationally k...

UNDERSTANDING BALTIMORE LEAD PAINT COURT

www.charlesjeromeware.com      " Here to make a difference."

Charles Jerome Ware, LLC is a premier Maryland-based, nationally known and respected landlord lead-based paint poisoning defense law firm. For questions or an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016.

Among major civil cases filed in the Circuit Court for Baltimore City, lead-based paint poisoning lawsuits are among the more prolific. There are several reasons for this.  The first is that Baltimore City, as with other major East Coast cities such as Boston, New York,  Philadelphia and Washington, D.C., etc., possesses many pre-1978 built residential units (residences) which contain lead-based paint on the inside as well as outside. Therefore, secondly, lead-based paint poisoning is so prevalent in Baltimore City that , according to some commentators the problem rises to the level of being a public health crisis. Many children are consequently adversely affected by lead-based paint and many other sources of lead in Baltimore, including water, food, toys, playgrounds, etc. --- particularly between the ages of 1 to 6 years old.

The average scheduled docket-length for lead paint cases in the Circuit Court for Baltimore City is about 18 months. The average age of plaintiffs who file these lead cases is 20 years old. Most of these cases are settled before trial.

< see more in the Baltimore lead paint poisoning blogs of Attorney Charles Jerome Ware >

The Lawyer's Mailbox: MARYLAND MED. MAL. ATTY.: CHIROPRACTIC MANIPULATIO...

The Lawyer's Mailbox: MARYLAND MED. MAL. ATTY.: CHIROPRACTIC MANIPULATIO...: www.charlesjeromeware.com      " Here to make a difference." Attorney Charles Jerome Ware can be reached at (410) 720-6129 or (41...

MARYLAND MED. MAL. ATTY.: CHIROPRACTIC MANIPULATION, STROKE, AND WALLENBERG SYNDROME

www.charlesjeromeware.com      " Here to make a difference."
Attorney Charles Jerome Ware can be reached at (410) 720-6129 or (410) 730-5016 with questions or an initial courtesy consultation.

CHIROPRACTIC MANIPULATION CAUSES STROKE (MELLENBERG SYNDROME)

The Plaintiff is a 62-year old male. He visited a chiropractor for treatment of a pinched nerve in his back. He wanted to get chiropractic treatment before going hunting.
The chiropractor apparently tore the Plaintiff's vertebral artery on the left. His wife took him to the hospital where he was diagnosed with stroke secondary to the artery tear.
He was flown to another location for surgery and other treatment and was admitted to the surgical center for six days. Upon discharge he was in Rehabilitation for another 6 days.
He eventually quit physical therapy because he believed he could "do the same things at home" that  the physical therapists were doing for him.
Currently, his wife states that he speaks better than he had done previously after the stroke but that he still has "deficits." He also had choking that is slowly improving.; and that he staggers when he walks. Also, he walks with a broad-based antalgic gait with a walker ( although his wife opines that he does not use the walker as much as he should).

The Obvious Issue Is:

Is it negligence for a chiropractor to twist the neck in such a way as to tear the vertebral artery?

Answers of  Two  MEDQUEST  Chiropractor Experts:

(1) YES. It is negligent.

(2) YES. This is the most common form of stroke following cervical spine manipulation --- especially at the C1 - C2 spinal level, which contains the V3 segment of the vertebral artery where it is most susceptible to trauma. This results in the classic  WALLENBERG SYNDROME  * due to disrupted blood flow to the  PICA ( Posterior Inferior Cerebellar Artery) which is the first branch of the vertebral artery.

* The WALLENBERG SYNDROME is a neurological condition caused by a stroke in the vertebral or posterior inferior cerebellar artery of the brain stem.  Symptoms include difficulties with swallowing, hoarseness, dizziness, nausea and vomiting, rapid involuntary movements of the eyes (nystagmus), and problems with balance and gait coordination.
[www.ninds.nih.gov/disorders/wallenbergs; info@medquestltd.com]

THE LOTTERY BIBLE : FACT, FAITH, FORTITUDE & FORTUNE

The Lottery Bible : 
                               THE SECRET SCIENCE OF WINNING LOTTERIES,
                               SWEEPSTAKES AND CONTESTS : Laws, Strategies,
                               Formulas and Statistics.
                              By:  Lotterician, Microeconomist and Attorney
                                      Charles  Jerome  Ware.
                              [ 166 pages; $12.95)

Sample Reader Reviews:
                            $$$--- "This brilliant lottery book is sheer genius !  A MENSA- Intelligent lottery Bible' !  5 out of 5 stars !!!!! " --- Lottery Multiple Winner E. Thomas.
     
                            $$$ --- " Have fun ! Win the lottery with this valuable resource book ! " --- THE Washingtonian Magazine.

                            $$$ --- "This is the ideal book for lottery players who like numbers and great information about the lottery ( lotto).  It contains actual math formulas and algorithms that can be used in playing lottery (lotto) games." --- Lottery Winner B. Guthrie.

The Lawyer's Mailbox: MD. DIVORCE " CRAWFORD CREDITS": www.charlesjerome...

The Lawyer's Mailbox: MD. DIVORCE " CRAWFORD CREDITS": www.charlesjerome...: MARYLAND DIVORCE

The Lawyer's Mailbox: DEFENDING BALTIMORE LEAD PAINT CLAIMS

The Lawyer's Mailbox: DEFENDING BALTIMORE LEAD PAINT CLAIMS: www.charlesjeromeware.com      " Here to make a difference." Charles Jerome Ware, LLC, is a premier Maryland-based national lead...