Thursday, September 24, 2015
The Lawyer's Mailbox: LEAD PAINT LEGAL DEFENSE FOR BEGINNERS - D.C., BAL...
The Lawyer's Mailbox: LEAD PAINT LEGAL DEFENSE FOR BEGINNERS - D.C., BAL...: www.charlesjeromeware.com " Here to make a Difference." The premier national law firm of Charles Jerome ...
LEAD PAINT LEGAL DEFENSE FOR BEGINNERS - D.C., BALTIMORE & MARYLAND
www.charlesjeromeware.com " Here to make a Difference."
The premier national law firm of Charles Jerome Ware, LLC is Maryland and D.C.-based and ranked by its many satisfied landlord clients as well as its legal peers as one of the top lead paint and lead poisoning defense law firms in the United States. For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129.
In certain residential neighborhoods in D.C, Baltimore and throughout Maryland, among others, lead poisoning is correctly considered a public health crisis. However, even though there are numerous sources of toxic lead (Pb) that can be inhaled or ingested in these areas by humans, the primary targets for claims and litigation continue to be landowners and landlords of pre-1978 built residences (including apartments and houses) The reason for this is that these older residences were generally the prolific recipients of lead-based paint for both inside and outside surfaces. Until banned completely in Baltimore in 1966 in residences, and banned by the Federal government for use in all residences and many consumer products in 1978, lead paint was extremely popular and accepted for its durability and washability.
Lead paint when "uninterrupted" (not chipped, cracked, dust,etc.) is not considered harmful to the human body. It is when lead paint is "interrupted" (cracked, chipped, in dust form, etc.) and inhaled or ingested by humans that it can be harmful to the body. This is particularly true for children under the age of 6.
I always advise my landlord clients that three keys are important in avoiding and surviving lead lawsuits : (1) Good MAINTENANCE of the property by lead-certified or accredited workers; (2) Proper NOTICE to tenants living in the property; and (3) good DOCUMENTATION/RECORD-KEEPING on the tenants as well as the property.
As I stated above, there are numerous sources of toxic lead in these areas besides just lead paint; such as : (1) the air we breathe and the dust in it; (2) the water we drink, bathe, cook with, and wash our clothes in; (3) soil, playgrounds, grass, plants, trees, vegetables, etc.; (4) many foreign-made consumer products such as toys, candies, furniture jewelry,cosmetics, home and folk remedies; (5)jobs and job sites; (6) industrial sites; (7) commercial buildings; (8) automobile repair shops and battery disposal areas; (9) pipes and other plumbing items; and (10) many other products and sources.
The premier national law firm of Charles Jerome Ware, LLC is Maryland and D.C.-based and ranked by its many satisfied landlord clients as well as its legal peers as one of the top lead paint and lead poisoning defense law firms in the United States. For an initial courtesy consultation, contact premier defense attorney Charles Ware at (410) 720-6129.
In certain residential neighborhoods in D.C, Baltimore and throughout Maryland, among others, lead poisoning is correctly considered a public health crisis. However, even though there are numerous sources of toxic lead (Pb) that can be inhaled or ingested in these areas by humans, the primary targets for claims and litigation continue to be landowners and landlords of pre-1978 built residences (including apartments and houses) The reason for this is that these older residences were generally the prolific recipients of lead-based paint for both inside and outside surfaces. Until banned completely in Baltimore in 1966 in residences, and banned by the Federal government for use in all residences and many consumer products in 1978, lead paint was extremely popular and accepted for its durability and washability.
Lead paint when "uninterrupted" (not chipped, cracked, dust,etc.) is not considered harmful to the human body. It is when lead paint is "interrupted" (cracked, chipped, in dust form, etc.) and inhaled or ingested by humans that it can be harmful to the body. This is particularly true for children under the age of 6.
I always advise my landlord clients that three keys are important in avoiding and surviving lead lawsuits : (1) Good MAINTENANCE of the property by lead-certified or accredited workers; (2) Proper NOTICE to tenants living in the property; and (3) good DOCUMENTATION/RECORD-KEEPING on the tenants as well as the property.
As I stated above, there are numerous sources of toxic lead in these areas besides just lead paint; such as : (1) the air we breathe and the dust in it; (2) the water we drink, bathe, cook with, and wash our clothes in; (3) soil, playgrounds, grass, plants, trees, vegetables, etc.; (4) many foreign-made consumer products such as toys, candies, furniture jewelry,cosmetics, home and folk remedies; (5)jobs and job sites; (6) industrial sites; (7) commercial buildings; (8) automobile repair shops and battery disposal areas; (9) pipes and other plumbing items; and (10) many other products and sources.
Wednesday, September 23, 2015
The Lawyer's Mailbox: ("MMM") MARYLAND MEDICAL MALPRACTICE BASICS - 101 ...
The Lawyer's Mailbox: ("MMM") MARYLAND MEDICAL MALPRACTICE BASICS - 101 ...: www.charlesjeromeware.com " Here to make a Difference." For an initial courtesy consultation, contact the Ma...
("MMM") MARYLAND MEDICAL MALPRACTICE BASICS - 101 : A PRIMER
www.charlesjeromeware.com " Here to make a Difference."
For an initial courtesy consultation, contact the Maryland-based, nationally-respected law firm of Charles Jerome Ware, LLC at (410) 720-6129. We can help you .
There are several types of injuries that could give rise to a medical malpractice claim in Maryland, including: improper use of anesthesia, birth injury, unnecessary amputation, misdiagnosis, other medical mistreatment, etc.
As with every other state, medical malpractice laws in Maryland are established on the state level.
In other words, it is Maryland medical malpractice law that which defines what the courts consider medical malpractice law to be in Maryland.
In Maryland, to prevail in a med. mal. case, the plaintiff must prove that the healthcare professional who treated you breached, or violated, the established standard of care. A standard of care is the generally accepted procedures and practices used by medical professionals within the same geographic area when treating patients with a particular disease , illness, or disorder. The standard of care will vary depending on a number of factors, including the patient's age and medical condition, etc.
In addition to showing the healthcare professional breached the standard of care, the plaintiff must also prove the breach is what caused the injuries. A breach of standard of care can happen at a number of different points during treatment, including among many others:
* Misdiagnosing or failing to diagnose a problem;
* Failing to administer treatment properly;
* Prescribing the wrong medication for an illness; and
* failing to inform a patient about the risks of treatment.
It is important to note that in Maryland a medical malpractice claim must be filed within 5 years from the date that the healthcare professional allegedly committed the malpractice and caused the injury, or within 3 years from when the injury was discovered, whichever happens sooner.
[The contents of this blog are for informational purposes only, and are not intended to be legal advice.]
For an initial courtesy consultation, contact the Maryland-based, nationally-respected law firm of Charles Jerome Ware, LLC at (410) 720-6129. We can help you .
There are several types of injuries that could give rise to a medical malpractice claim in Maryland, including: improper use of anesthesia, birth injury, unnecessary amputation, misdiagnosis, other medical mistreatment, etc.
As with every other state, medical malpractice laws in Maryland are established on the state level.
In other words, it is Maryland medical malpractice law that which defines what the courts consider medical malpractice law to be in Maryland.
In Maryland, to prevail in a med. mal. case, the plaintiff must prove that the healthcare professional who treated you breached, or violated, the established standard of care. A standard of care is the generally accepted procedures and practices used by medical professionals within the same geographic area when treating patients with a particular disease , illness, or disorder. The standard of care will vary depending on a number of factors, including the patient's age and medical condition, etc.
In addition to showing the healthcare professional breached the standard of care, the plaintiff must also prove the breach is what caused the injuries. A breach of standard of care can happen at a number of different points during treatment, including among many others:
* Misdiagnosing or failing to diagnose a problem;
* Failing to administer treatment properly;
* Prescribing the wrong medication for an illness; and
* failing to inform a patient about the risks of treatment.
It is important to note that in Maryland a medical malpractice claim must be filed within 5 years from the date that the healthcare professional allegedly committed the malpractice and caused the injury, or within 3 years from when the injury was discovered, whichever happens sooner.
[The contents of this blog are for informational purposes only, and are not intended to be legal advice.]
Tuesday, September 22, 2015
The Lawyer's Mailbox: LANDLORD LEAD PAINT DEFENSE : A BALTIMORE LEAD (Pb...
The Lawyer's Mailbox: LANDLORD LEAD PAINT DEFENSE : A BALTIMORE LEAD (Pb...: www.charlesjeromeware.com " Here to make a Difference." Premier defense attorney Charles Jerome Ware is Marylan...
LANDLORD LEAD PAINT DEFENSE : A BALTIMORE LEAD (Pb) PRIMER
www.charlesjeromeware.com " Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-respected, and ranked as one of the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation with Attorney Charles Ware, contact him and his staff at (410) 720-6129. When you have been sued for lead paint or lead poisoning, he can help you.
* LEAD (Pb) is a malleable, sort of sweet tasting, heavy metal (Atomic # 82) that has been mined and used in large quantities by humans for numerous utilitarian purposes for over 6,000 years. lead does not dissolve in water, nor dissipate, nor decay, nor burn. Lead (Pb) lasts, and lasts, and lasts --- and accumulates. The true amount of lead that has been used in societies over the past 6,000 years varies, but it is estimated by some that the amount of lead residue currently in the environment surpasses 10 million metric tons.
*When lead-based paint was marketed and sold in the United States prior to being banned by the Federal government for residential and other consumer purposes in 1978 (specifically, by the U.S. Consumer Product Safety Commission), it was in great demand because it was washable and durable. It was repeatedly endorsed by the United States, state (including Maryland), and local (including Baltimore) governments, and it was specified for use on government buildings until the mid-1970s. Its use peaked in 1922, and by 1940 the use of "white lead" (basic lead carbonate) pigments for interior paints was essentially on the way out.
* Use of white lead pigments in paints began in Colonial times in in America and ultimately peaked in 1922.
* In 1951, Baltimore City banned the use of lead pigment in interior paint in Baltimore public housing. This was the very first such restriction in the United States by any jurisdiction.
* In 1966, lead paint was banned in all housing in Baltimore.
* Though the vast majority of lead paint and lead poisoning claims and lawsuits in Baltimore have been brought against landlords and landowners of pre-1978 built residential rental units, there are several other sources of toxic lead in the Baltimore environment. Some are as follows: (1) the air we breathe, (2) drinking water, (3) dust, (4) soil, (5) pipes and other plumbing items, (6) job sites and (7) clothes worn at job sites, (8) furniture, (9) furniture, (10) cosmetics,(11) foods, (12) drinks, (13) candies from Mexico, etc., (14) jewelry, (15) hobbies, (16) industrial sites, (16) toys, (17) and numerous other products and sources.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-respected, and ranked as one of the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation with Attorney Charles Ware, contact him and his staff at (410) 720-6129. When you have been sued for lead paint or lead poisoning, he can help you.
* LEAD (Pb) is a malleable, sort of sweet tasting, heavy metal (Atomic # 82) that has been mined and used in large quantities by humans for numerous utilitarian purposes for over 6,000 years. lead does not dissolve in water, nor dissipate, nor decay, nor burn. Lead (Pb) lasts, and lasts, and lasts --- and accumulates. The true amount of lead that has been used in societies over the past 6,000 years varies, but it is estimated by some that the amount of lead residue currently in the environment surpasses 10 million metric tons.
*When lead-based paint was marketed and sold in the United States prior to being banned by the Federal government for residential and other consumer purposes in 1978 (specifically, by the U.S. Consumer Product Safety Commission), it was in great demand because it was washable and durable. It was repeatedly endorsed by the United States, state (including Maryland), and local (including Baltimore) governments, and it was specified for use on government buildings until the mid-1970s. Its use peaked in 1922, and by 1940 the use of "white lead" (basic lead carbonate) pigments for interior paints was essentially on the way out.
* Use of white lead pigments in paints began in Colonial times in in America and ultimately peaked in 1922.
* In 1951, Baltimore City banned the use of lead pigment in interior paint in Baltimore public housing. This was the very first such restriction in the United States by any jurisdiction.
* In 1966, lead paint was banned in all housing in Baltimore.
* Though the vast majority of lead paint and lead poisoning claims and lawsuits in Baltimore have been brought against landlords and landowners of pre-1978 built residential rental units, there are several other sources of toxic lead in the Baltimore environment. Some are as follows: (1) the air we breathe, (2) drinking water, (3) dust, (4) soil, (5) pipes and other plumbing items, (6) job sites and (7) clothes worn at job sites, (8) furniture, (9) furniture, (10) cosmetics,(11) foods, (12) drinks, (13) candies from Mexico, etc., (14) jewelry, (15) hobbies, (16) industrial sites, (16) toys, (17) and numerous other products and sources.
Sunday, September 20, 2015
The Lawyer's Mailbox: TIPS FOR REDUCING LEAD (Pb) EXPOSURE IN BALTIMORE ...
The Lawyer's Mailbox: TIPS FOR REDUCING LEAD (Pb) EXPOSURE IN BALTIMORE ...: www.charlesjeromeware.com " Here to make a Difference." The premier, Maryland-based, national law firm of C...
TIPS FOR REDUCING LEAD (Pb) EXPOSURE IN BALTIMORE RESIDENCES : MARYLAND LEAD DEFENSE ATTORNEY
www.charlesjeromeware.com " Here to make a Difference."
The premier, Maryland-based, national law firm of Charles Jerome Ware, LLC is ranked as one of the top lead paint and lead poisoning defense firms in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware and his colleagues at (410) 720-6129. He can help you when you are being sued in a lead (Pb) lawsuit.
When it comes to avoiding and defending residential lead paint poisoning cases I, for many years, have lectured on three key themes for landlords to remember :
(1) Proper MAINTENANCE on the property;
(2) Adequate NOTICE to tenants residing in the property;
(3) Good DOCUMENTATION/RECORD KEEPING on both the property and the tenants living in the property.
Since in many cases in Baltimore residential lead paint harm occurs from the ingestion and inhalation of dust produced from renovation, home improvement, lead abatement and removal work on the property, both Maryland (MDE) and Federal (EPA) laws require that any and all work of this type performed on pre-1978 built residences be supervised directly by Maryland Department of the Environment (MDE) and/or U.S. Environmental Protection Agency (EPA) - certified or accredited supervisors and contractors. Workers who perform purposeful lead abatement shall be trained by a training provider approved by MDE and/or EPA.
Of course, since children under age 6 are the prime candidates for toxic lead poisoning in Baltimore, the most effective step for tenants to take around the residence is a simple matter of exercising parental responsibility and teaching. Children should not be allowed in a position to eat or taste leaded paint chips, soil, dust, floor grime, etc. Lead tends to be " sweet to taste" for children, and thus dangerous for them { the Romans used to add lead to their wine to sweeten the wine}. Lead is ubiquitous in Baltimore: in the air we breathe, the water we drink, on toys, furniture, cooking utensils, pipes and other plumbing items, some cosmetics, jewelry, hobbies, job sites, food, and candies (especially from Mexico), etc. Everyone should wash their hands frequently; and do not use water from the "hot" water tap for drinking or cooking.
Wet-clean floors, window sills, and window frames frequently. A good soap for picking up lead is one with phosphates because phosphates will bind with lead. Vacuum with a HEPA cleaner or the closest to it you can afford to buy. Consider using a building air cleaner with a HEPA filtering system.
Lead (Pb) does not dissolve in water, nor dissipate, nor decay, nor burn. It just lasts, and lasts, and lasts. There are many guesstimates as to how much lead is currently in our environment since humans began using it over 6,000 years ago, but that number is at least in excess of 10 or so million metric tons. Think about that.
The premier, Maryland-based, national law firm of Charles Jerome Ware, LLC is ranked as one of the top lead paint and lead poisoning defense firms in the United States. For an initial courtesy consultation, contact defense attorney Charles Ware and his colleagues at (410) 720-6129. He can help you when you are being sued in a lead (Pb) lawsuit.
When it comes to avoiding and defending residential lead paint poisoning cases I, for many years, have lectured on three key themes for landlords to remember :
(1) Proper MAINTENANCE on the property;
(2) Adequate NOTICE to tenants residing in the property;
(3) Good DOCUMENTATION/RECORD KEEPING on both the property and the tenants living in the property.
Since in many cases in Baltimore residential lead paint harm occurs from the ingestion and inhalation of dust produced from renovation, home improvement, lead abatement and removal work on the property, both Maryland (MDE) and Federal (EPA) laws require that any and all work of this type performed on pre-1978 built residences be supervised directly by Maryland Department of the Environment (MDE) and/or U.S. Environmental Protection Agency (EPA) - certified or accredited supervisors and contractors. Workers who perform purposeful lead abatement shall be trained by a training provider approved by MDE and/or EPA.
Of course, since children under age 6 are the prime candidates for toxic lead poisoning in Baltimore, the most effective step for tenants to take around the residence is a simple matter of exercising parental responsibility and teaching. Children should not be allowed in a position to eat or taste leaded paint chips, soil, dust, floor grime, etc. Lead tends to be " sweet to taste" for children, and thus dangerous for them { the Romans used to add lead to their wine to sweeten the wine}. Lead is ubiquitous in Baltimore: in the air we breathe, the water we drink, on toys, furniture, cooking utensils, pipes and other plumbing items, some cosmetics, jewelry, hobbies, job sites, food, and candies (especially from Mexico), etc. Everyone should wash their hands frequently; and do not use water from the "hot" water tap for drinking or cooking.
Wet-clean floors, window sills, and window frames frequently. A good soap for picking up lead is one with phosphates because phosphates will bind with lead. Vacuum with a HEPA cleaner or the closest to it you can afford to buy. Consider using a building air cleaner with a HEPA filtering system.
Lead (Pb) does not dissolve in water, nor dissipate, nor decay, nor burn. It just lasts, and lasts, and lasts. There are many guesstimates as to how much lead is currently in our environment since humans began using it over 6,000 years ago, but that number is at least in excess of 10 or so million metric tons. Think about that.
Saturday, September 19, 2015
The Lawyer's Mailbox: BALTIMORE CITY LEAD PAINT LAWS - 101 : LANDLORD DE...
The Lawyer's Mailbox: BALTIMORE CITY LEAD PAINT LAWS - 101 : LANDLORD DE...: www.charlesjeromeware.com "Here to make a Difference." This post is for legal information purposes only, not for le...
BALTIMORE CITY LEAD PAINT LAWS - 101 : LANDLORD DEFENSE
www.charlesjeromeware.com "Here to make a Difference."
This post is for legal information purposes only, not for legal advice.
For an initial courtesy consultation, contact the premier Maryland-based national law firm of Charles Jerome Ware, LLC at (410) 720-6129. We can help you if you are being sued for lead paint or lead poisoning.
* For a review of laws on Baltimore's lead paint hazards, see : Baltimore Building, Fire and Related Codes, Property Maintenance Code, Section 301.4.
* Lead paint hazards must be abated in accordance with Section 301.4, the Baltimore City Health Department, the city's Department of Public Works, as well as in accordance with the regulations of the Maryland Department of the Environment and the Maryland Home Improvement Commission.
* Disposal of waste generated in the course of the abatement process must be in compliance with Hazardous Waste Small Quantity Generators regulations as required by the Code of Maryland Regulations (COMAR).
This post is for legal information purposes only, not for legal advice.
For an initial courtesy consultation, contact the premier Maryland-based national law firm of Charles Jerome Ware, LLC at (410) 720-6129. We can help you if you are being sued for lead paint or lead poisoning.
* For a review of laws on Baltimore's lead paint hazards, see : Baltimore Building, Fire and Related Codes, Property Maintenance Code, Section 301.4.
* Lead paint hazards must be abated in accordance with Section 301.4, the Baltimore City Health Department, the city's Department of Public Works, as well as in accordance with the regulations of the Maryland Department of the Environment and the Maryland Home Improvement Commission.
* Disposal of waste generated in the course of the abatement process must be in compliance with Hazardous Waste Small Quantity Generators regulations as required by the Code of Maryland Regulations (COMAR).
Friday, September 18, 2015
The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND DIVORCE - A to Z : " 10 B...
The Lawyer's Mailbox: HOWARD COUNTY & MARYLAND DIVORCE - A to Z : " 10 B...: www.charlesjeromeware.com " Here to make a Difference. " Premier divorce and family law attorney Charles Je...
HOWARD COUNTY & MARYLAND DIVORCE - A to Z : " 10 BEST " DIVORCE & FAMILY LAW ATTORNEY CHARLES WARE
www.charlesjeromeware.com " Here to make a Difference. "
Premier divorce and family law attorney Charles Jerome Ware is Maryland-based, nationally recognized and respected, and is ranked by his many satisfied clients as well as his peers as one of the "10 BEST" divorce and family law attorneys in Howard County, Maryland [ primebuyersreport.org.].
For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129.
In Maryland, both marriage and divorce are taken very seriously by Maryland law and Maryland's judiciary. Under Maryland law, "marriage" is a civil contract between two people. It is not treated as a "sacrament" by law. A "divorce", on the other hand, is a legal, court-approved, court-ordered, final and permanent ending of the marriage(i.e., the contract).
"Annulment" is not the same as divorce in Maryland. An "annulment" differs conceptually from a divorce in Maryland in that a "divorce" terminates a legal status, whereas an "annulment" establishes that a marriage(marital status) never existed between the two persons.
There are no more than two types of divorce in Maryland (in reality there are one and one-half "divorces") : (1) the 1/2 "divorce" is the so-called "limited divorce" which, in reality, is the equivalent of a court-approved and court-ordered "legal separation" , and not a real divorce; and (2)the real divorce is called an "absolute divorce', which finally and permanently ends, dissolves and terminates the marriage by court order or court decree.
In order to obtain either an annulment, a limited divorce, or an absolute divorce, adherence to Maryland's statutory requirements of grounds(reasons), residency, and other mandates must be strictly maintained.
[ see, Maryland Code, Family Law, Title 7 ]
Premier divorce and family law attorney Charles Jerome Ware is Maryland-based, nationally recognized and respected, and is ranked by his many satisfied clients as well as his peers as one of the "10 BEST" divorce and family law attorneys in Howard County, Maryland [ primebuyersreport.org.].
For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129.
In Maryland, both marriage and divorce are taken very seriously by Maryland law and Maryland's judiciary. Under Maryland law, "marriage" is a civil contract between two people. It is not treated as a "sacrament" by law. A "divorce", on the other hand, is a legal, court-approved, court-ordered, final and permanent ending of the marriage(i.e., the contract).
"Annulment" is not the same as divorce in Maryland. An "annulment" differs conceptually from a divorce in Maryland in that a "divorce" terminates a legal status, whereas an "annulment" establishes that a marriage(marital status) never existed between the two persons.
There are no more than two types of divorce in Maryland (in reality there are one and one-half "divorces") : (1) the 1/2 "divorce" is the so-called "limited divorce" which, in reality, is the equivalent of a court-approved and court-ordered "legal separation" , and not a real divorce; and (2)the real divorce is called an "absolute divorce', which finally and permanently ends, dissolves and terminates the marriage by court order or court decree.
In order to obtain either an annulment, a limited divorce, or an absolute divorce, adherence to Maryland's statutory requirements of grounds(reasons), residency, and other mandates must be strictly maintained.
[ see, Maryland Code, Family Law, Title 7 ]
Thursday, September 17, 2015
The Lawyer's Mailbox: CURRENT MARYLAND DIVORCE PRACTICES : HO. CO. " 10 ...
The Lawyer's Mailbox: CURRENT MARYLAND DIVORCE PRACTICES : HO. CO. " 10 ...: www.charlesjeromeware.com " Here to make a Difference." Premier divorce and family law attorney Char...
CURRENT MARYLAND DIVORCE PRACTICES : HO. CO. " 10 BEST" DIVORCE ATTORNEY, CHARLES WARE
www.charlesjeromeware.com " Here to make a Difference."
Premier divorce and family law attorney Charles Jerome Ware is Howard County, Maryland-based, and recognized by his many satisfied clients as well as his legal peers as one of the "10 BEST" Divorce and Family Law Attorneys in the County [Primebuyersreport.org]. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129.
As a legal practice, the State of Maryland takes both marriage and divorce in the state very seriously.
Under Maryland law, marriage is a civil contract between two people. Divorce in Maryland, then, is a legal ending of a marriage, which must be ordered by a lawful Maryland circuit court. So-called "religious" divorces that do not comply with Maryland law are invalid for ending lawful (accepted pursuant to Maryland law) marriages.
Annulments can be had on extremely rare occasions in Maryland, but they are not considered to be divorces. Annulments are likened to invalid marriages (void, so to speak). In practice in Maryland, there are only two types of divorce: (1) Limited Divorce, which is the equivalent of a court-ordered "legal separation" which does not serve to end the marriage ; and (2) Absolute Divorce, which is a final, court-ordered divorce permanently ending the marriage.
In order to obtain either an annulment, a limited divorce, or and absolute divorce, Maryland requires adherence to strict statutory requirements such as residency requirements and grounds (reasons) for the action.
Legal grounds for a limited divorce can include : (1) voluntary separation, with no expectation of reconciliation; (2) desertion, or unjustified abandonment of the marriage with intention of terminating the marriage; or (3) cruel treatment and excessively vicious conduct.
Legal grounds for an absolute divorce can include : (1) one-year separation; (2) adultery; (3) desertion ; (4) cruel treatment; (5) insanity; or (6) incarceration for a felony, etc.
A decree of limited divorce may establish any of the following relief: child custody, child support, spousal support, and use and possession of marital property , etc.
An absolute divorce decree may provide: division of marital property, payment of alimony or other support, custody of children, child support, use of last name., etc.
Premier divorce and family law attorney Charles Jerome Ware is Howard County, Maryland-based, and recognized by his many satisfied clients as well as his legal peers as one of the "10 BEST" Divorce and Family Law Attorneys in the County [Primebuyersreport.org]. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129.
As a legal practice, the State of Maryland takes both marriage and divorce in the state very seriously.
Under Maryland law, marriage is a civil contract between two people. Divorce in Maryland, then, is a legal ending of a marriage, which must be ordered by a lawful Maryland circuit court. So-called "religious" divorces that do not comply with Maryland law are invalid for ending lawful (accepted pursuant to Maryland law) marriages.
Annulments can be had on extremely rare occasions in Maryland, but they are not considered to be divorces. Annulments are likened to invalid marriages (void, so to speak). In practice in Maryland, there are only two types of divorce: (1) Limited Divorce, which is the equivalent of a court-ordered "legal separation" which does not serve to end the marriage ; and (2) Absolute Divorce, which is a final, court-ordered divorce permanently ending the marriage.
In order to obtain either an annulment, a limited divorce, or and absolute divorce, Maryland requires adherence to strict statutory requirements such as residency requirements and grounds (reasons) for the action.
Legal grounds for a limited divorce can include : (1) voluntary separation, with no expectation of reconciliation; (2) desertion, or unjustified abandonment of the marriage with intention of terminating the marriage; or (3) cruel treatment and excessively vicious conduct.
Legal grounds for an absolute divorce can include : (1) one-year separation; (2) adultery; (3) desertion ; (4) cruel treatment; (5) insanity; or (6) incarceration for a felony, etc.
A decree of limited divorce may establish any of the following relief: child custody, child support, spousal support, and use and possession of marital property , etc.
An absolute divorce decree may provide: division of marital property, payment of alimony or other support, custody of children, child support, use of last name., etc.
Wednesday, September 16, 2015
The Lawyer's Mailbox: TITLE 10- FEDERAL LEAD PAINT REGULATORY INFRASTRUC...
The Lawyer's Mailbox: TITLE 10- FEDERAL LEAD PAINT REGULATORY INFRASTRUC...: www.charlesjeromeware.com " Here to make a Difference.' For an initial courtesy consultation, contact premier landlord...
TITLE 10- FEDERAL LEAD PAINT REGULATORY INFRASTRUCTURE : BALTIMORE LANDLORD LEAD DEFENSE ATTORNEYS
www.charlesjeromeware.com " Here to make a Difference.'
For an initial courtesy consultation, contact premier landlord lead paint defense attorney Charles Jerome Ware at (410) 720-6129. Defense attorney Charles Ware is recognized and ranked by his many satisfied landlord clients as well as his legal peers as one on the top lead paint and lead poisoning defense attorneys in the United States.
TITLE X (Title 10) of the 1992 Housing and Community Development Act, commonly known as the Residential Lead-Based Paint Hazard Reduction Act (Public Law 102-550), mandated the creation of a Federal regulatory infrastructure that would correct lead paint hazards in housing. TITLE 10 also redefined " lead paint hazards" and how they can be controlled, and created TITLE IV of the Toxic Substances Control Act (TSCA), under which the U.S. Environmental Protection Act (EPA) sets lead hazard standards, work practice standards, and training requirements for lead abatement workers. Based on scientific research in the 1980s, Congress defined "hazard" to include deteriorated lead paint and the lead-contaminated dust and soil it generates.
For an initial courtesy consultation, contact premier landlord lead paint defense attorney Charles Jerome Ware at (410) 720-6129. Defense attorney Charles Ware is recognized and ranked by his many satisfied landlord clients as well as his legal peers as one on the top lead paint and lead poisoning defense attorneys in the United States.
TITLE X (Title 10) of the 1992 Housing and Community Development Act, commonly known as the Residential Lead-Based Paint Hazard Reduction Act (Public Law 102-550), mandated the creation of a Federal regulatory infrastructure that would correct lead paint hazards in housing. TITLE 10 also redefined " lead paint hazards" and how they can be controlled, and created TITLE IV of the Toxic Substances Control Act (TSCA), under which the U.S. Environmental Protection Act (EPA) sets lead hazard standards, work practice standards, and training requirements for lead abatement workers. Based on scientific research in the 1980s, Congress defined "hazard" to include deteriorated lead paint and the lead-contaminated dust and soil it generates.
Tuesday, September 8, 2015
The Lawyer's Mailbox: BALTIMORE LEAD PAINT DISCLOSURE --- MARYLAND LEAD(...
The Lawyer's Mailbox: BALTIMORE LEAD PAINT DISCLOSURE --- MARYLAND LEAD(...: www.charlesjeromeware.com " Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryland-bas...
BALTIMORE LEAD PAINT DISCLOSURE --- MARYLAND LEAD(Pb) DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com " Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-respected and recognized, and ranked by his many satisfied landlord clients as well as his many legal peers as one of the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you when you are being sued for lead poisoning.
Lead-based paint disclosure rules in Baltimore, Maryland are extensive. For example :
All pre-1950 rental residential properties in Baltimore should have at least one of three valid "lead certificates":
(1) Lead- Free;
(2) Limited Lead- Free; or
(3) Full Risk Reduction ( also known as dust swipes or lead -safe).
Definitions of Certificate Types :
(1) LEAD-FREE : means the rental property is free of lead on the interior, exterior and common areas ( in apartment buildings, etc.). If the landlord has a lead- free certificate, there are no further inspections required.
(2) LIMITED LEAD-FREE : means the rental property is lead-free on the interior, but there is lead paint on the exterior of the property ( or in the common areas if the property is an apartment building, etc.). There cannot, however, be any defective paint on the exterior or common areas.
(3) FULL RISK REDUCTION (aka, dust swipe of lead-safe) : This is a visual inspection of the property, looking for any defective paint 9 inside, outside, and the basement) and then dust swipes to test for lead dust.
AND FURTHERMORE :
Further, for all 1950 to 1978 rental residential properties, on tenant turnover from January 1st, 2015, landlords must comply with the following:
(1) Have a valid lead paint certificate;
(2) Have the property registered with the Maryland Department of the Environment (MDE). You may opt out of the registration if you have a lead-free or limited lead-free certificate.
(3) Give the tenants the Maryland Notice of Tenant Rights along with the EPA Brochure. Tenants must sign a document confirming receipt of the notice and brochure.
(4) Ensure that tenants sign that they have received the above-referenced pamphlets and notices every two years.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-respected and recognized, and ranked by his many satisfied landlord clients as well as his many legal peers as one of the top lead paint and lead poisoning defense lawyers in the United States. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you when you are being sued for lead poisoning.
Lead-based paint disclosure rules in Baltimore, Maryland are extensive. For example :
All pre-1950 rental residential properties in Baltimore should have at least one of three valid "lead certificates":
(1) Lead- Free;
(2) Limited Lead- Free; or
(3) Full Risk Reduction ( also known as dust swipes or lead -safe).
Definitions of Certificate Types :
(1) LEAD-FREE : means the rental property is free of lead on the interior, exterior and common areas ( in apartment buildings, etc.). If the landlord has a lead- free certificate, there are no further inspections required.
(2) LIMITED LEAD-FREE : means the rental property is lead-free on the interior, but there is lead paint on the exterior of the property ( or in the common areas if the property is an apartment building, etc.). There cannot, however, be any defective paint on the exterior or common areas.
(3) FULL RISK REDUCTION (aka, dust swipe of lead-safe) : This is a visual inspection of the property, looking for any defective paint 9 inside, outside, and the basement) and then dust swipes to test for lead dust.
AND FURTHERMORE :
Further, for all 1950 to 1978 rental residential properties, on tenant turnover from January 1st, 2015, landlords must comply with the following:
(1) Have a valid lead paint certificate;
(2) Have the property registered with the Maryland Department of the Environment (MDE). You may opt out of the registration if you have a lead-free or limited lead-free certificate.
(3) Give the tenants the Maryland Notice of Tenant Rights along with the EPA Brochure. Tenants must sign a document confirming receipt of the notice and brochure.
(4) Ensure that tenants sign that they have received the above-referenced pamphlets and notices every two years.
Friday, September 4, 2015
The Lawyer's Mailbox: BASIC LEAD PAINT DEFENSE: Baltimore Attorney Charl...
The Lawyer's Mailbox: BASIC LEAD PAINT DEFENSE: Baltimore Attorney Charl...: www.charlesjeromeware.com "Here to make a Difference." Premier civil and criminal defense attorney Charles ...
BASIC LEAD PAINT DEFENSE: Baltimore Attorney Charles Ware
www.charlesjeromeware.com "Here to make a Difference."
Premier civil and criminal defense attorney Charles Jerome Ware is Maryland-based, nationally-known and respected, and he is ranked by his many satisfied landlord clients as well as his legal peers as one of the most successful lead paint poisoning defense attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you when you are being sued for lead paint poisoning.
Child lead poisoning is considered to be among the most serious urban public health problems in the United States. It is particularly focused upon in major urban cities such as Baltimore, New York, etc. where there is an abundance of pre-1978 built housing that contains legacy (old) lead-based paint. Children under the age of 6 years are particularly vulnerable to the ill effects of ingesting and inhaling lead in any form.
Lead is a ubiquitous heavy earth element (Atomic Number 82) that does not dissolve in water, does not dissipate, nor decay, nor burn. This stuff just lasts, and lasts, and lasts. Over the more than 6,000 years (since about 4,000 BC) that lead has been used by humankind, it is guesstimated that more than 10 million metric tons of it exists currently in the earth's environment. Lead (Pb) is literally everywhere in the so-called "civilized" world, including in the air we breathe as well as the water we drink.
For the most part in urban areas such as metropolitan Baltimore, Washington,DC, Philadelphia, New York and Boston, etc., the brunt of lead poisoning claims and lawsuits are heaped upon residential landlords whose rental properties (apartments and houses) were constructed prior to 1978. These properties, by and large, were the recipients of lead-based paint during their initial construction. To be sure, "uninterrupted" lead paint is not considered harmful to the human body. It is when lead paint is "interrupted" (i.e., chipped, peeled, cracked, in dust form, etc.)--- and inhaled and/or ingested by the body in sufficient quantities --- that can be harmful to the body.
Landlords must be aware of the many Federal, state, and local laws, statutes, rules, and protocols that exist in every jurisdiction in an effort to stem the tide of, and protect the public from, lead poisoning ("plumbism"). In the meantime, remember my three (3) keys for avoiding and winning lead paint poisoning lawsuits : (1) MAINTENANCE of the residential rental property; (2) NOTICE to the tenants in the rental property; and (3) DOCUMENTATION/RECORD-KEEPING on the rental property as well as the tenants.
Premier civil and criminal defense attorney Charles Jerome Ware is Maryland-based, nationally-known and respected, and he is ranked by his many satisfied landlord clients as well as his legal peers as one of the most successful lead paint poisoning defense attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you when you are being sued for lead paint poisoning.
Child lead poisoning is considered to be among the most serious urban public health problems in the United States. It is particularly focused upon in major urban cities such as Baltimore, New York, etc. where there is an abundance of pre-1978 built housing that contains legacy (old) lead-based paint. Children under the age of 6 years are particularly vulnerable to the ill effects of ingesting and inhaling lead in any form.
Lead is a ubiquitous heavy earth element (Atomic Number 82) that does not dissolve in water, does not dissipate, nor decay, nor burn. This stuff just lasts, and lasts, and lasts. Over the more than 6,000 years (since about 4,000 BC) that lead has been used by humankind, it is guesstimated that more than 10 million metric tons of it exists currently in the earth's environment. Lead (Pb) is literally everywhere in the so-called "civilized" world, including in the air we breathe as well as the water we drink.
For the most part in urban areas such as metropolitan Baltimore, Washington,DC, Philadelphia, New York and Boston, etc., the brunt of lead poisoning claims and lawsuits are heaped upon residential landlords whose rental properties (apartments and houses) were constructed prior to 1978. These properties, by and large, were the recipients of lead-based paint during their initial construction. To be sure, "uninterrupted" lead paint is not considered harmful to the human body. It is when lead paint is "interrupted" (i.e., chipped, peeled, cracked, in dust form, etc.)--- and inhaled and/or ingested by the body in sufficient quantities --- that can be harmful to the body.
Landlords must be aware of the many Federal, state, and local laws, statutes, rules, and protocols that exist in every jurisdiction in an effort to stem the tide of, and protect the public from, lead poisoning ("plumbism"). In the meantime, remember my three (3) keys for avoiding and winning lead paint poisoning lawsuits : (1) MAINTENANCE of the residential rental property; (2) NOTICE to the tenants in the rental property; and (3) DOCUMENTATION/RECORD-KEEPING on the rental property as well as the tenants.
SIMPLE LEAD PAINT POISONING DEFENSE: Charles Jerome Ware, LLC, A National Law Firm
www.charlesjeromeware.com "Here to make a Difference."
Premier civil and criminal defense attorney Charles Jerome Ware is Maryland-based, nationally known and respected, and he is ranked by his many landlord clients as well as his legal peers as one of the top lead paint poisoning defense attorneys in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you when you have been sued in a lead paint poisoning lawsuit.
Premier civil and criminal defense attorney Charles Jerome Ware is Maryland-based, nationally known and respected, and he is ranked by his many landlord clients as well as his legal peers as one of the top lead paint poisoning defense attorneys in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you when you have been sued in a lead paint poisoning lawsuit.
The Lawyer's Mailbox: DEFENDING AGAINST PROTECTIVE AND PEACE ORDERS IN H...
The Lawyer's Mailbox: DEFENDING AGAINST PROTECTIVE AND PEACE ORDERS IN H...: www.charlesjeromeware.com " Here to make a Difference." Premier civil and criminal defense attorney Charles Jer...
DEFENDING AGAINST PROTECTIVE AND PEACE ORDERS IN HO. CO. & MARYLAND :www.charlesjeromeware.com
www.charlesjeromeware.com " Here to make a Difference."
Premier civil and criminal defense attorney Charles Jerome Ware is Howard County, Maryland-based, nationally-known and respected, and is ranked by his many satisfied clients as well as his peers as one of the top attorneys in Maryland in representing both petitioners and respondents in protective order and peace order cases. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
[Kindly note that this blog post does not create an attorney-client relationship with the reader]
As an update, it should be noted that, as of October 1st, 2014 in Maryland, it became easier for petitioners to acquire a final peace order or a final protective order in Maryland's state district courts and circuit courts. Simply put, in early 2014 Maryland lawmakers voted to lower the "burden of proof" that petitioners (complainants) must meet in order for courts to issue final orders in these cases. Needless to say, if you have been served with a Maryland protective order or peace order, you should consult with an attorney immediately. Although Maryland protective order and peace order
hearings are considered as civil matters, the consequences from these rulings and decisions can be significant for those affected.
Standard of Proof before October 1st, 2014
Before October 1st, 2014, Maryland law required a person seeking a final protective or final peace order to prove that the respondent (defendant) committed at least one of the unlawful acts described in the statute by a "clear and convincing evidence" standard. This standard of "clear and convincing evidence" is a burden of proof which HIGHER than a " preponderance of the evidence" standard, and LOWER than the criminal burden of proof standard of " beyond a reasonable doubt."
Standard of Proof after October 1st, 2014
Now, the standard of proof has been LOWERED to "preponderance of the evidence." Beginning October 1st, 2014, Maryland law changed and currently requires that, in order for a Maryland district or circuit court to grant a final protective order or peace order, the petitioner need only prove their case by the much lower standard of " a preponderance of the evidence."
When served with a Protective or Peace Order
When you are served with a protective or peace order, hire an experienced attorney immediately.
There are some situations in which the parties -- utilizing attorneys, mediators or other intervenors --- can create a private legal agreement between the parties which can help avoid the serious problems that can develop with public disclosure of this usually private matter. There are also other defenses which, depending upon the individual facts of the situation, can be utilized.
Premier civil and criminal defense attorney Charles Jerome Ware is Howard County, Maryland-based, nationally-known and respected, and is ranked by his many satisfied clients as well as his peers as one of the top attorneys in Maryland in representing both petitioners and respondents in protective order and peace order cases. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
[Kindly note that this blog post does not create an attorney-client relationship with the reader]
As an update, it should be noted that, as of October 1st, 2014 in Maryland, it became easier for petitioners to acquire a final peace order or a final protective order in Maryland's state district courts and circuit courts. Simply put, in early 2014 Maryland lawmakers voted to lower the "burden of proof" that petitioners (complainants) must meet in order for courts to issue final orders in these cases. Needless to say, if you have been served with a Maryland protective order or peace order, you should consult with an attorney immediately. Although Maryland protective order and peace order
hearings are considered as civil matters, the consequences from these rulings and decisions can be significant for those affected.
Standard of Proof before October 1st, 2014
Before October 1st, 2014, Maryland law required a person seeking a final protective or final peace order to prove that the respondent (defendant) committed at least one of the unlawful acts described in the statute by a "clear and convincing evidence" standard. This standard of "clear and convincing evidence" is a burden of proof which HIGHER than a " preponderance of the evidence" standard, and LOWER than the criminal burden of proof standard of " beyond a reasonable doubt."
Standard of Proof after October 1st, 2014
Now, the standard of proof has been LOWERED to "preponderance of the evidence." Beginning October 1st, 2014, Maryland law changed and currently requires that, in order for a Maryland district or circuit court to grant a final protective order or peace order, the petitioner need only prove their case by the much lower standard of " a preponderance of the evidence."
When served with a Protective or Peace Order
When you are served with a protective or peace order, hire an experienced attorney immediately.
There are some situations in which the parties -- utilizing attorneys, mediators or other intervenors --- can create a private legal agreement between the parties which can help avoid the serious problems that can develop with public disclosure of this usually private matter. There are also other defenses which, depending upon the individual facts of the situation, can be utilized.
Thursday, September 3, 2015
The Lawyer's Mailbox: BALTIMORE LANDLORD LEAD PAINT CLAIMS -- A PRIMER: ...
The Lawyer's Mailbox: BALTIMORE LANDLORD LEAD PAINT CLAIMS -- A PRIMER: ...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is Maryland...
BALTIMORE LANDLORD LEAD PAINT CLAIMS -- A PRIMER: Charles Jerome Ware, LLC
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and is ranked by his many satisfied landlord clients as well as his legal peers as one of the best lead paint and lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you when you are being in a lead paint or lead poisoning case.
Baltimore is considered by many to be essentially "ground zero" for lead paint and lead poisoning claims against residential property landlords. Major reasons for this reputation are : the large number of pre-1978 built apartments and houses which contain legacy (old) lead-based paint; the large number of lead poisoning claims made every year; the significant number of illnesses attributed to toxic lead; and, the simple fact that in many areas of the city lead is everywhere, including: the air we breathe, drinking water, dust, soil, pipes and other plumbing fixtures,jobs, job sites, industrial sites, playgrounds, sandlots, commercial buildings, food and drink, pottery, ceramics, jewelry, cosmetics, toys, furniture, hobbies, clothes, renovation and home improvement projects, other products, etc., and residential units.
Indeed, there are some judges, officials, and commentators who suggest that in certain circumstances lead paint and lead poisoning cases are "indefensible". I respectfully disagree. It has been my experience over many years that there are always defenses in these cases.
I have three (3) key reminders I share with all of my residential landlord clients in their quest to avoid or win lead paint poisoning cases : (1) MAINTENANCE of the rental property; (2) NOTICE to the tenants in the rental property; and (3) DOCUMENTATION/RECORD-KEEPING on the tenants as well as the rental property itself. Particularly with residential rental property built before 1978 in Baltimore, landlords must pay careful attention to the physical condition of the property.
It should be noted and remembered that "uninterrupted" (undisturbed) lead paint itself is not considered harmful to the body. It is disturbed or "interrupted" lead paint (i.e., chipped, peeled, cracked, dust, etc.) ,that is inhaled or ingested, that can be harmful to the body. This is particularly the case with children under the age of 6 years.
One of the dangers of lead to the body is that it lasts, and lasts, and lasts. Lead (Pb) does not dissolve in water, does not decay, does not dissipate, nor burn. Lead has used by humans for various purposes for over 6,000 years (since about 4,000 BC). Lead has been used in the Baltimore area since Colonial times for industrial, infrastructural, and consumer purposes. It was first banned for residential purposes in Baltimore in 1951. It was subsequently banned by the Federal government for residential and consumer purposes in 1978. It is guesstimated that more than 10 million metric tons of lead exists today in the earth's environment.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally-recognized and respected, and is ranked by his many satisfied landlord clients as well as his legal peers as one of the best lead paint and lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you when you are being in a lead paint or lead poisoning case.
Baltimore is considered by many to be essentially "ground zero" for lead paint and lead poisoning claims against residential property landlords. Major reasons for this reputation are : the large number of pre-1978 built apartments and houses which contain legacy (old) lead-based paint; the large number of lead poisoning claims made every year; the significant number of illnesses attributed to toxic lead; and, the simple fact that in many areas of the city lead is everywhere, including: the air we breathe, drinking water, dust, soil, pipes and other plumbing fixtures,jobs, job sites, industrial sites, playgrounds, sandlots, commercial buildings, food and drink, pottery, ceramics, jewelry, cosmetics, toys, furniture, hobbies, clothes, renovation and home improvement projects, other products, etc., and residential units.
Indeed, there are some judges, officials, and commentators who suggest that in certain circumstances lead paint and lead poisoning cases are "indefensible". I respectfully disagree. It has been my experience over many years that there are always defenses in these cases.
I have three (3) key reminders I share with all of my residential landlord clients in their quest to avoid or win lead paint poisoning cases : (1) MAINTENANCE of the rental property; (2) NOTICE to the tenants in the rental property; and (3) DOCUMENTATION/RECORD-KEEPING on the tenants as well as the rental property itself. Particularly with residential rental property built before 1978 in Baltimore, landlords must pay careful attention to the physical condition of the property.
It should be noted and remembered that "uninterrupted" (undisturbed) lead paint itself is not considered harmful to the body. It is disturbed or "interrupted" lead paint (i.e., chipped, peeled, cracked, dust, etc.) ,that is inhaled or ingested, that can be harmful to the body. This is particularly the case with children under the age of 6 years.
One of the dangers of lead to the body is that it lasts, and lasts, and lasts. Lead (Pb) does not dissolve in water, does not decay, does not dissipate, nor burn. Lead has used by humans for various purposes for over 6,000 years (since about 4,000 BC). Lead has been used in the Baltimore area since Colonial times for industrial, infrastructural, and consumer purposes. It was first banned for residential purposes in Baltimore in 1951. It was subsequently banned by the Federal government for residential and consumer purposes in 1978. It is guesstimated that more than 10 million metric tons of lead exists today in the earth's environment.
Wednesday, September 2, 2015
ABCs OF MARYLAND LIMITED AND ABSOLUTE DIVORCE : MARYLAND "TOP 10 " DIVORCE & FAMILY LAW ATTORNEY [PrimeBuyersReport]
www.charlesjeromeware.com "Here to make a Difference."
Premier divorce and family law attorney Charles Jerome Ware is Howard County-based, nationally-recognized and respected, and ranked by both his many satisfied clients as well as his legal peers as a "TOP 10 Divorce and Family Law Attorney" in Howard County, Maryland [ www.PRIMEBUYERSREPORT.org].
For an initial courtesy consultation, contact premier divorce attorney Charles Ware at (410) 720-6129. He can help you.
Divorce can be very traumatic for the parties involved, their extended families, and friends.
When a marriage ends, spouses and their children (if any) frequently face varied and complex obstacles in an effort to find their normal footing. It can be a very stressful process : establishing new living arrangements, changing schedules, decisions about money, and about property. Securing competent and experienced legal counsel in this process as early as possible can be very helpful in reducing the stress of this situation.
I have advised my many clients over many years that the goal should be to "successfully survive" the divorce, not necessarily to "win" it. In the thousands of divorces I have both represented clients in, as well as observed from a safe distance, I have rarely seen anyone come out of the divorce process as a so-called outright "winner". That is simply not the goal of the divorce process.
In Maryland, by definition "marriage" is a lawful civil contract between two people. "Divorce" in Maryland is a legal ending or termination of a lawful marriage, which is ordered by a court [a circuit court].
There are two possible types of divorce in Maryland : " Limited", which is actually the equivalent of a legal separation, and "Absolute", which is a final court-ordered divorce that ends absolutely the marriage. In both a limited as well as an absolute divorce, the married couple must meet statutory requirements such as residency in the state, legally-accepted basis for the divorce, etc. In sum, a limited divorce (or legal separation) is a legal action where a married couple is separated by court order. It does not end the marriage . An absolute divorce, on the other hand, permanently dissolves the marriage.
During the period of a limited divorce, neither spouse may remarry, or have sexual relations with another person (this is adultery). However, once a decree of absolute divorce is entered by the court, either person may remarry,etc.
Premier divorce and family law attorney Charles Jerome Ware is Howard County-based, nationally-recognized and respected, and ranked by both his many satisfied clients as well as his legal peers as a "TOP 10 Divorce and Family Law Attorney" in Howard County, Maryland [ www.PRIMEBUYERSREPORT.org].
For an initial courtesy consultation, contact premier divorce attorney Charles Ware at (410) 720-6129. He can help you.
Divorce can be very traumatic for the parties involved, their extended families, and friends.
When a marriage ends, spouses and their children (if any) frequently face varied and complex obstacles in an effort to find their normal footing. It can be a very stressful process : establishing new living arrangements, changing schedules, decisions about money, and about property. Securing competent and experienced legal counsel in this process as early as possible can be very helpful in reducing the stress of this situation.
I have advised my many clients over many years that the goal should be to "successfully survive" the divorce, not necessarily to "win" it. In the thousands of divorces I have both represented clients in, as well as observed from a safe distance, I have rarely seen anyone come out of the divorce process as a so-called outright "winner". That is simply not the goal of the divorce process.
In Maryland, by definition "marriage" is a lawful civil contract between two people. "Divorce" in Maryland is a legal ending or termination of a lawful marriage, which is ordered by a court [a circuit court].
There are two possible types of divorce in Maryland : " Limited", which is actually the equivalent of a legal separation, and "Absolute", which is a final court-ordered divorce that ends absolutely the marriage. In both a limited as well as an absolute divorce, the married couple must meet statutory requirements such as residency in the state, legally-accepted basis for the divorce, etc. In sum, a limited divorce (or legal separation) is a legal action where a married couple is separated by court order. It does not end the marriage . An absolute divorce, on the other hand, permanently dissolves the marriage.
During the period of a limited divorce, neither spouse may remarry, or have sexual relations with another person (this is adultery). However, once a decree of absolute divorce is entered by the court, either person may remarry,etc.
Tuesday, September 1, 2015
The Lawyer's Mailbox: MARYLAND LANDLORD LEAD PAINT LAW FOR BEGINNERS: DE...
The Lawyer's Mailbox: MARYLAND LANDLORD LEAD PAINT LAW FOR BEGINNERS: DE...: www.charlesjeromeware.com "Here to make a Difference." Premier defense attorney Charles Jerome Ware is M...
MARYLAND LANDLORD LEAD PAINT LAW FOR BEGINNERS: DEFENSE ATTORNEY CHARLES WARE
www.charlesjeromeware.com "Here to make a Difference."
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally known and respected, and is ranked by his many satisfied landlord clients as well as his legal peers as one of the best lead paint and lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you when you are being sued in a lead paint or lead poisoning lawsuit.
Baltimore, Maryland is considered by many to be "ground zero" for lead paint and lead poisoning in the United States. Certainly, lead -contributing health problems are major in this area. And, Maryland has a solid history of using leaded products --- particularly white lead --- going back to Colonial times. One of several sources of lead (Pb) in the Baltimore area is "legacy" (old) lead-based paint in pre-1978 built residential housing. Residential rental property landlords should be ever mindful of my three keys to avoiding and/or winning lead paint poisoning claims and lawsuits: (1) MAINTENANCE of the residential rental property; (2) NOTICE to tenants living in the residential rental property; and (3) DOCUMENTATION/RECORD-KEEPING on the tenants and the property itself.
Lead (Pb) has been use in the world for over 6,000 years. It is not dissolvable in water, does not dissipate, does not decay, nor burn. This stuff just lasts, and lasts, and lasts. It is guesstimated that more than 10 million metric tons of lead residue exists today in earth's environment. Lead is everywhere in the "civilized" (industrial) world. In sufficient quantities, it can be very harmful to the human body; particularly in children under age 6 years, when ingested or inhaled into the body. It should be stated that "uninterrupted" lead paint is not considered harmful to the body; it is "interrupted" (e.g., chipped, peeled, cracked, dust, etc.) lead paint --- when inhaled or ingested into the body --- that can be harmful to the body.
In 1978, the Federal government ( U.S. Consumer Product Safety Commission) passed a law banning the use of lead paint with more than 0.06% lead content or 600 ppm from residential and other consumer use. Interestingly, in 1951 Baltimore banned the use of lead pigment in interior paint in Baltimore housing; the first such ban in the United States. A lead-based paint is considered by the U.S. government to be any paint that is 0.5% lead by weight.
Starting in 1996, owners of houses built prior to 1978 became required to inform buyers of all known information on the presence of lead-based paint pursuant to the Federal Lead-based Paint Disclosure Regulation.
The more-mentioned Federal lead (Pb) notice law is the Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly known as TITLE 10, which was passed in an attempt to reduce the number of lead poisoning victims in the United States. TITLE 10 is enforced by the U.S. Environmental Protection Agency (EPA) and it enforces regulations related to residential rental property buildings that were constructed before 1978.
Landlords should be aware that only Maryland Department of the Environment (MDE)-certified contractors and workers are allowed, under Maryland law, to perform lead abatement or removal work, and any other work on residential rental properties where lead (Pb) can be a problem or issue.
Premier defense attorney Charles Jerome Ware is Maryland-based, nationally known and respected, and is ranked by his many satisfied landlord clients as well as his legal peers as one of the best lead paint and lead poisoning defense attorneys in the United States. For an initial courtesy consultation, contact Attorney Charles Ware at (410) 720-6129. He can help you when you are being sued in a lead paint or lead poisoning lawsuit.
Baltimore, Maryland is considered by many to be "ground zero" for lead paint and lead poisoning in the United States. Certainly, lead -contributing health problems are major in this area. And, Maryland has a solid history of using leaded products --- particularly white lead --- going back to Colonial times. One of several sources of lead (Pb) in the Baltimore area is "legacy" (old) lead-based paint in pre-1978 built residential housing. Residential rental property landlords should be ever mindful of my three keys to avoiding and/or winning lead paint poisoning claims and lawsuits: (1) MAINTENANCE of the residential rental property; (2) NOTICE to tenants living in the residential rental property; and (3) DOCUMENTATION/RECORD-KEEPING on the tenants and the property itself.
Lead (Pb) has been use in the world for over 6,000 years. It is not dissolvable in water, does not dissipate, does not decay, nor burn. This stuff just lasts, and lasts, and lasts. It is guesstimated that more than 10 million metric tons of lead residue exists today in earth's environment. Lead is everywhere in the "civilized" (industrial) world. In sufficient quantities, it can be very harmful to the human body; particularly in children under age 6 years, when ingested or inhaled into the body. It should be stated that "uninterrupted" lead paint is not considered harmful to the body; it is "interrupted" (e.g., chipped, peeled, cracked, dust, etc.) lead paint --- when inhaled or ingested into the body --- that can be harmful to the body.
In 1978, the Federal government ( U.S. Consumer Product Safety Commission) passed a law banning the use of lead paint with more than 0.06% lead content or 600 ppm from residential and other consumer use. Interestingly, in 1951 Baltimore banned the use of lead pigment in interior paint in Baltimore housing; the first such ban in the United States. A lead-based paint is considered by the U.S. government to be any paint that is 0.5% lead by weight.
Starting in 1996, owners of houses built prior to 1978 became required to inform buyers of all known information on the presence of lead-based paint pursuant to the Federal Lead-based Paint Disclosure Regulation.
The more-mentioned Federal lead (Pb) notice law is the Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly known as TITLE 10, which was passed in an attempt to reduce the number of lead poisoning victims in the United States. TITLE 10 is enforced by the U.S. Environmental Protection Agency (EPA) and it enforces regulations related to residential rental property buildings that were constructed before 1978.
Landlords should be aware that only Maryland Department of the Environment (MDE)-certified contractors and workers are allowed, under Maryland law, to perform lead abatement or removal work, and any other work on residential rental properties where lead (Pb) can be a problem or issue.
The Lawyer's Mailbox: DUI & DWI BREATH TESTING IS INACCURATE : HOWARD CO...
The Lawyer's Mailbox: DUI & DWI BREATH TESTING IS INACCURATE : HOWARD CO...: www.charlesjeromeware.com "Here to make a Difference." Premier criminal defense attorney Charles Jerome Ware...
The Lawyer's Mailbox: DUI & DWI BREATH TESTING IS INACCURATE : HOWARD CO...
The Lawyer's Mailbox: DUI & DWI BREATH TESTING IS INACCURATE : HOWARD CO...: www.charlesjeromeware.com "Here to make a Difference." Premier criminal defense attorney Charles Jerome Ware...
DUI & DWI BREATH TESTING IS INACCURATE : HOWARD COUNTY & MARYLAND "BEST 10" ATTORNEY
www.charlesjeromeware.com "Here to make a Difference."
Premier criminal defense attorney Charles Jerome Ware is Howard County-based, nationally-known and respected, and ranked by his many satisfied clients as well as his legal peers as one of the State of Maryland's "BEST 10 DUI and DWI ATTORNEYS" [AIDUIA]. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He can help you.
Breath testing is a very inaccurate method for measuring blood alcohol concentration (BAC).
In fact, even if the breath testing device or instrument is working perfectly, physiological variables prevent any reasonable accuracy. Simply put, breath testing for alcohol using a single test method should not be used for scientific, medical or legal purposes where accuracy is important [Hlastala, Physiological Errors Associated with Alcohol Breath Testing, 9(6) The Champion 19].
In addition, whether knowingly or unknowingly, police officers frequently influence the results of breathalyzer tests, resulting in inaccurately high BAC readings.
One of the most important factors in determining how high the breathalyzer registers someone's blood alcohol level --- about as important as the amount of alcohol consumed --- is the person's BREATHING PATTERN. There have been several studies performed about this issue.
One study showed that holding your breath for 30 seconds before blowing into the breathalyzer increases the BAC result by at least 15.7 %. Hyperventilating for 20 seconds, on the other hand, decreases the result 10.6%. Another study showed that running up two flights of stairs lowered the person's BAC by double the percent : 22 to 25 percent [ And see, "How Breathing Techniques Can Influence the Results of Breath-Alcohol Analyses," 22(4) Medical Science and the Law 275].
Another way in which breathing patterns can affect results of a breathalyzer test has to do with what part of the breath the device or instrument is exposed to. Different parts of the breath exhalation will give different blood alcohol readings. Probably the most overlooked error in breath testing for alcohol is the pattern of breathing. the concentration of alcohol changes considerably during the breath. The first part of the breath, after discarding the dead space, has an alcohol concentration much lower than the equivalent BAC. Whereas, the last part of the breath can be over 50% above the alcohol level; thus, a breath tester reading of 0.14% taken from the last part of the breath may indicate that the blood level is only 0.09%.
Premier criminal defense attorney Charles Jerome Ware is Howard County-based, nationally-known and respected, and ranked by his many satisfied clients as well as his legal peers as one of the State of Maryland's "BEST 10 DUI and DWI ATTORNEYS" [AIDUIA]. For an initial courtesy consultation, contact defense attorney Charles Ware at (410) 720-6129. He can help you.
Breath testing is a very inaccurate method for measuring blood alcohol concentration (BAC).
In fact, even if the breath testing device or instrument is working perfectly, physiological variables prevent any reasonable accuracy. Simply put, breath testing for alcohol using a single test method should not be used for scientific, medical or legal purposes where accuracy is important [Hlastala, Physiological Errors Associated with Alcohol Breath Testing, 9(6) The Champion 19].
In addition, whether knowingly or unknowingly, police officers frequently influence the results of breathalyzer tests, resulting in inaccurately high BAC readings.
One of the most important factors in determining how high the breathalyzer registers someone's blood alcohol level --- about as important as the amount of alcohol consumed --- is the person's BREATHING PATTERN. There have been several studies performed about this issue.
One study showed that holding your breath for 30 seconds before blowing into the breathalyzer increases the BAC result by at least 15.7 %. Hyperventilating for 20 seconds, on the other hand, decreases the result 10.6%. Another study showed that running up two flights of stairs lowered the person's BAC by double the percent : 22 to 25 percent [ And see, "How Breathing Techniques Can Influence the Results of Breath-Alcohol Analyses," 22(4) Medical Science and the Law 275].
Another way in which breathing patterns can affect results of a breathalyzer test has to do with what part of the breath the device or instrument is exposed to. Different parts of the breath exhalation will give different blood alcohol readings. Probably the most overlooked error in breath testing for alcohol is the pattern of breathing. the concentration of alcohol changes considerably during the breath. The first part of the breath, after discarding the dead space, has an alcohol concentration much lower than the equivalent BAC. Whereas, the last part of the breath can be over 50% above the alcohol level; thus, a breath tester reading of 0.14% taken from the last part of the breath may indicate that the blood level is only 0.09%.
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