Roy Keith Classics

Just a classy blog.

Domestic Violence and Divorce

Posted by on Apr 8, 2017

Partners may want to get divorced because of many reasons, like when they have fallen out of love or have started to have different priorities in life. In these cases, the divorce process may be a little easier compared to complicated reasons, such as domestic violence.

Domestic abuse and violence are the incidental use of force or any kind of intimidation to a spouse, child, or anybody in the household. The abuse and violence can manifest in many forms. It can be physical, such as punching, kicking, and slapping. It can be sexual, such as forcing the spouse to have sex. It can be psychological, such as humiliating the spouse in public or forcing him or her into isolation. It can even be financial, where a spouse is being prohibited to exploit educational and employment opportunities.

According to the website of the Law Offices of Baden V. Mansfield, domestic violence plays a role in many restraining orders, divorces, and child custody disputes.

When you think about it, this is understandable. Restraining orders are a good way to protect victims from their abusive partners. These domestic abusers may be completely prevented from getting near the victims, establishing a communication with them, or even accessing a firearm.

Child custody is also favorable towards the victims, especially if there is enough reason to believe that the children will experience abusive behavior from the spouse. In fact, if the case is serious enough, the abuser may even lose visitation and parental rights.

Aside from filing for a divorce, the victim can also file for criminal charges related to the domestic abuse and violence he or she has experienced, such as assault and battery, rape, and child abuse, and this can further make the divorce, child custody, and restraining orders to be effectively accomplished and implemented against the abuser.

Even though these legal matters encompass two different bodies of law, namely family law and criminal law, there can always be an effective compromise to protect the abused and punish the abuser. But according to the website, domestic violence charges can be legally defended, so it is easy to expect abusers to get legal representation as well. This may seem unfair for domestic violence victims, but it is a healthy way to prove that the law hears the voices of both the abused and abuser.


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Speeding and Car Accidents

Posted by on Apr 7, 2017

When people hear the word speeding, they often think that it is just about a vehicle going over the speed limit. They are not wrong, but their concept of speeding is limited. Speeding can also be about a vehicle going too fast considering the road and weather conditions, like wet pavements and intense rains.

According to the website of the John Michael Bailey Injury Lawyers, speeding has been a factor in nearly one-third of all fatal car accidents. This is a disturbing proportion, considering that there is a variety of ways on how a car accident can occur.

But when you think about it, this is understandable, because speeding is risky and its dangers are often overlooked, especially by complacent and experienced drivers. The most obvious risk of speeding is the fact that speed can translate to more impactful crashes and collisions. This is basic physics.

Those who are relatively lucky may only get injured. The possible injuries they may sustain include brain damages, spinal cord injuries, fractures, burns, lacerations, and whiplashes. Those who are not so lucky may sustain these injuries on a severe enough level to result in death.

Another risk of speeding is the fact that the driver has limited vision. Due to the fastness of how everything is passing him by, stimulus may not be registering properly into his head, or the stimulus may arrive too fast that he will have no time to react to it. Imagine if a vehicle suddenly turns in front of him or a pedestrian suddenly crosses the street. Before you know it, this speedster is already in breaking news reports.

Speeding can also compromise the driver’s control of the vehicle, and this may be very bad news for the vehicle’s tires. When a person is speeding, he is more likely to lose control of the car, especially during a curving or turning maneuver. The speed may also give the vehicle enough momentum for the vehicle to rollover and possibly eject the driver.

According to the website of the Chris Mayo Law Firm, those who have been victims of reckless driving accidents may get compensation from the responsible parties. This is good news, especially because these victims are innocent motorists or pedestrians who have been involved in speeding drivers’ recklessness.

To avoid accidents caused by speeding, avoid speeding yourself. If there are speeding drivers around you, stay away from them as far as possible.

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Morcellators: A Complicated Example of Product Liability

Posted by on Apr 6, 2017

Designers, manufacturers, distributors and everybody else who is involved in trade should make sure that the products they put out into the market are safe. If their products turn out to be defective and cause injury to a consumer, they may be held accountable. This legal concept is called product liability.

According to the website of Mazin & Associates, PC, the root cause of dangerous products usually stems from three areas: a design defect, a manufacturer defect, and a lack of warnings and proper directions that demonstrate the safe use of the product.

A design is considered defective if it is inherently dangerous, like when the gaps of a fan guard are too wide to be safe for your fingers. A manufacturer defect occurs if the manufacturing process itself has produced a low-quality product, like when the chain of a swing set you just paid for snapped because of a crack. A product without the proper warnings, especially about dangers that are not too obvious, can also be considered defective, like when a specific drug has failed to warn you about its possible negative interactions with other drugs.

These defects can be considered negligent, and it is just right for the responsible parties to be held liable. But there is a different kind of defect that seems to be a little more complicated than others. An example of this is the morcellator.

A morcellator is a surgical device used to divide and remove lumps of tissue. It is often used in gynecologic surgery. But a study has found that the use of morcellators, especially on the removal of fibroids, has a direct correlation with cancer growth. This can be tricky because it can be hard to determine whether this is a defect on the design, manufacturer, or the lack of warnings and labels.

But it can be argued that it is truly a case of product liability. In fact, according to the website of Williams Kherkher, Johnson & Johnson has already recalled three of its power morcellators. The attorneys at Williams Kherkher are investigating claims about morcellators and cancer growth.

The case of morcellators is enough proof that product liability can be complicated, but it is still good to know that the law is on the side of the consumers and potential victims of dangerous products.


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Mobile Apps: The Best Advertising Tool for Lawyers

Posted by on Apr 5, 2017


Mobile Apps developers have come up with a program that will enable them to develop smartphone apps for attorneys. These smartphone apps, they say, will carry a lawyer’s or a law firm’s logo, allowing potential clients to log on to their website 24/7. It is non-stop advertising that is immediately accessible to anyone needing fast legal assistance. Compared to the cost of TV, radio or newspaper ads, mobile advertising is also far less cheaper, but is more capable of reaching more people all hours of every day.

Millions of people see, read and/or hear thousands of advertisements every day, whether these be on billboards, TV, radio, video walls, magazines, newspapers, leaflets and pamphlets. One major concern, however, is that, with the exception of the last four, people cannot take the source of ads with them and, even if they could, like in the case of leaflets, only a handful may probably hold on to these, while all the others, after scanning and finding their content not in their range of interest, would just throw these away or leave these on top of something.

Like maybe a radio or a television, a mobile phone is another gadget now owned by millions of Americans; actually, about seventy-five percent of the American population has a mobile phone. This cell phone ownership shows that there is presently no better way to reach or be reached by anyone round-the-clock with no delay at all than through this gadget. For law enforcers, doctors and lawyers this is a non-debatable issue and what great opportunity it will be for them to be reached by more people, who may need assistance.

Now, for professionals who own firms, especially a law firm, would it not be great if their firms’ logos were displayed and could be viewed anytime and anywhere by existing, as well as prospective, clients? Better yet, allow these people to log on to your website anytime of the day and wherever they are without the inconvenience of needing to face a computer and connect to the Internet.

Through mobile phones almost anything is possible, including prompt and timely provision of information and online services to clients when they need these most. All it requires is a catchy mobile app and a type of mobile advertising messages tailored to mobile users’ expectations. With these, your potential clients can be limitless.

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The Immigrant Investor Program

Posted by on Apr 4, 2017

After a foreign national is granted an EB-5 visa, it will take only two years before he/she may have the opportunity to request that the conditions on his/her visa be removed to change his/her status from conditional permanent residency to permanent residency. Before his/her request may be approved, however, he/she will first have to show proof that, as an investor, he/she has satisfied all the conditions of the EB-5 Immigrant Investor Program; proof should be shown to the U.S. Citizenship and Immigration Services (USCIS) at the same time that he/she makes the petition for the removal of the conditions on the visa.

The EB-5 visa is probably the fastest way for foreign nationals to obtain permanent residency in the U.S. This visa program is designed for foreign nationals who, with their families, dream of relocating to the U.S. This visa process takes away the complicated and difficult processes associated with visa application, including the various legal matters that need to be dealt with, the lengthy delays and wait times, and the possibility of visa applications getting rejected, usually due only to minor errors or filing problems.

For foreign nationals who can afford it, the requirements of the EB-5 visa program include:

  • Investment of $1 million for the creation of a new commercial enterprise in the U.S., or $500,000 if the investment is to be made in a Regional Center or a Targeted Employment Area (an EB-5 Regional Center is a USCIS pre-approved organization; it is designed to help EB-5 investors and project developers meet the “create 10 jobs” requirement which will enable investors to qualify under the EB-5 program. A “targeted employment area,” refers to a geographic area with an unemployment rate of at least 150% of the national average. States have the authority to designate a geographically limited area as a targeted employment area for the purposes of the EB-5 visa.
  • Prove that the capital used in the investment program is from a legal source and not obtained through criminal or illegal activities; and,
  • Show that the investment has preserved or created, or will preserve or create, the required 10 new jobs for qualified U.S. workers.

This EB-5 visa program has:

  • No language, age, professional experience, or education requirements;
  • No need for direct family members in the United States;
  • No residency requirements in the U.S.;
  • No workplace requirements in the U.S.; and
  • No daily management/running of a business requirement for individuals investing in Regional Center projects.
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How Important are Labor Unions

Posted by on Apr 3, 2017

The 2013 report of the U.S. Department of Labor’s Bureau of Labor Statistics shows that there are about 14.5 million wage and salary workers who are members to at least 60 different labor unions in the whole of the United States. The type of workers includes office workers, nurses, doctors, actors, engineers, writers, teachers, IT/computer professionals, airline pilots, police officers, government workers, pharmacists, construction workers, factory workers, plumbers, mechanics, and many others.

The first union in the U.S., which was the National Labor Union (NLU), was founded in 1866. Many others unions were also established, including the American Federation of Labor (AFL), which was able to successfully negotiate a wage increase of its members, besides improvement in the observance of safety in the workplace.

Workers who choose to become union members can enjoy the following benefits:

  • 30% higher wage compared to non-union members;
  • Discounts in various types of services and establishments;
  • An 8-hour work day and weekends without work;
  • Sick leave, paid vacation, overtime pay and holiday pay;
  • Lunch breaks and other breaks at work;
  • Compensation increases and evaluations;
  • protection through anti- discrimination laws, whistleblower protection law and wrongful termination law;
  • Employer health care insurance, social security benefits, and Workers’ Compensation Insurance benefits;
  • Pensions;
  • Employer dental, life, and vision insurance; and,
  • The right to join strikes; and so forth.

The establishment of labor unions has greatly helped in improving the lives of workers and their families. Workers are not the only ones who benefit greatly from unions, though, but the nation’s economy as well. This is because labor unions allow business firms to grow, become more profitable and remain competitive by helping decrease the number of employee turnover, create a better-trained and more competitive workforce, improve communication in the workplace, ensure higher productivity, ensure quality of product and service, and make the workplace healthy and safe.

As explained by the law firm Cary Kane LLP, due to the many legal issues relating to the basic and essential concerns of a union it may be necessary to enlist the legal services of a seasoned employment lawyer. A few of the many legal issues or unions include:

  • Negotiating collective bargaining agreements;
  • Handling contract interpretation and disciplinary arbitrations;
  • Advising about internal affairs, such as officer elections and member relations;
  • Defending against breach of duty of fair representation charges at the NLRB, PERB, or in court; and,
  • Handling legal issues relating to industrial action, including strikes, picketing, boycotts, injunctions, organizing, contract campaigns, comprehensive campaigns, and anti-corporate campaign
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Self Storage: This is One Need You Will Love to Have

Posted by on Apr 2, 2017

According to the National Association of Homebuilders, the average sizes of houses in the United States got bigger in 2004, becoming 2,400 square feet from 1,660 square feet. Despite the increase in size, most of these new houses lost two common large spaces which homes in recent past had: the basement and the attic. With consumerism in America on an upsurge, and people just keep on buying new things, the loss of the two spacious rooms has left many individuals and families without enough space where they can temporarily and safely store their old things.

The most obvious and practical solution that will address this concern of “lack of space” is self-storage, where old things, furniture and appliances can be safely stored in order to give room for newly bought items.

Those who do not need additional spaces or who are not familiar with self-storage facilities, renting one will be a very remote possibility; however, to those who are currently leasing one, they obviously know that having a self-storage space is really beneficial, especially to anyone who:

  • Wants to enjoy the freedom of rotating their house furnishings regularly;
  • Intends to move to a new residence;
  • Wants or needs to reduce some of their house furnishings for more excellent showing; and,
  • Lacks space for old things, like old toys or his/her parent’s things and favorites, which cannot be thrown away.

The Self-storage or self-service storage business involves the renting out of a storage space, like a room, a container, or an outdoor space or locker. The renting of any of these spaces is open to individuals and businesses on a short-term basis, usually a month (longer-term leases are also allowed, as well as the renewal of monthly lease contract).

Self-storage facilities are usually accessible 24/7, besides providing climate controlled and drive-up units, personal access codes, security cameras, a fully-fenced property, and a resident manager who is always available to attend to all clients’ storage needs.

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Safety of both Pedestrians and Bicyclists should always be Top Priority for the U.S.DOT

Posted by on Apr 1, 2017

In a car accident, all car occupants can sustain severe injuries, especially if the car is traveling at fast speed. This is because speed affects the damage a car can sustain upon impact, as well as the type and severity of the injury a driver and all other car occupants may sustain. If car occupants are still prone to injuries, despite the protection supplied by the car’s body and other safety devices it is equipped with,  imagine then what kind of injuries a speeding car can cause a pedestrian, who has nothing whatsoever to protect his/her body against the forceful impact of an approaching vehicle.

According to Iowa car accident attorneys of the LaMarca Law Group, P.C., pedestrians face real risks, especially in heavily trafficked areas, as even a minor collision at slow speeds can prove devastating to them. An individual, in fact, can easily suffer broken bones, abrasions, open wounds, and even catastrophic injuries, including traumatic brain injuries, spinal cord injuries, and death, if hit by a vehicle.

In 2012, the National Highway Traffic Association and the Insurance Institute for Highway Safety recorded 4,743 fatal pedestrian accidents. Though there was a very slight decrease in the number of pedestrian deaths in 2013, at 4,735, the number of deaths jumped up again in 2014, to 4,884.

In 2015, safety of both pedestrians and bicyclists was top priority for the U.S. Department of Transportation. Towards this end, the DOT convened  University Transportation Centers (UTCs) and many other transportation agencies, and started the Safer People, Safer Streets program. In relation to this program, the said transportation agencies were asked to conduct road safety assessments, and identify and remove barriers to improve non-motorized safety.

More than jogging or any other activity that people do on foot and in streets, walking remains as the most common pedestrian activity. In fact, it has become a preferred way of transportation for tens of thousands of Americans.

There are different factors that put pedestrians’ lives at risk. Though the most dangerous of these is motor vehicles, pedestrians also ought to worry about uneven and/or cracked sidewalk, which can cause them to trip and fall, poorly-maintained parking lots, faded or lack of crosswalks (especially in rural areas), inadequately lit roads, and debris on walkways.

According to the Benton Law Firm, many major cities, such as Dallas, for instance, are notorious for distracted driving and road systems which do not provide adequate protection for pedestrians in the way of sidewalks, crosswalks, and lighting. This dangerous combination leads to devastating accidents. Since pedestrians do not have any form of protection from vehicles, they and are often pinned underneath vehicles once they are struck, leading to extensive internal injuries.

An Appleton car accident attorney, likewise, knows that pedestrians face great risks during car accidents. He/she also believes, however, that majority of car accidents are results of other people’s negligence. Due to carelessness, victims may find it a wise move to enlist the help of an experienced lawyer immediately after an accident for the compensation they may be entitled to receive.

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Medical Malpractice: A Result of Doctor Negligence

Posted by on Mar 31, 2017

Amputating the wrong leg, removing the healthy kidney instead of the damaged one, leaving a medical instrument inside a patient’s body during surgery, and three different doctors who all committed the same major blunder of operating on their respective patients’ wrong side of the brain: though these all point to surgical errors, doctors and other medical professionals commit thousands of other different errors, including wrong or delayed diagnosis, prescribing the wrong medicine, incorrect dosage of anesthesia, and so forth.

An an article posted in the Journal of the American Medical Association says that more 200,000  thousand cases of errors, which result to serious injuries or patient death, are recorded in the list of medical malpractices every year (the number could even reach more than 300,000 since thousands of other cases are said to be kept hidden by hospital administrators).

Despite the technological advancements which can provide doctors vital information about serious health conditions, when it comes to an illness that is caused by a virus that has never been identified before, (doctors) can only speculate their patients’ real condition. Thus, many patients may be required to undergo a series of tests (but only with their consent). While all throughout the treatment patients ought to completely trust their doctors, doctors, on their part, should inform patients, who deserve to know everything, about their condition, further treatment and hope of recovery; accurate information, anyway, is part of the quality care doctors should provide.

Quite often, however, misdiagnosis or failure to determine what is wrong with a patient is committed due to the way some doctors handle and interact with patients. One study says that one of the most common causes of misdiagnosis is physician bias. This happens when a doctor starts to fix his/her attention on just one patient problem or issue. Many doctors who have come to realize this mistake blame it on the very limited 15-minute patient visit – a very short period of interaction between doctors and patients. Very often too, doctors, who have been forced by economic circumstances to treat as many patients as they can within the day, unconsciously apply what is called the “18-second rule,” where they cut patients short from describing the symptoms to their ailment.

Rather than making a correct a finding to be able to make an accurate diagnosis, however, misdiagnosis happens. Due to this error, many patients, as past cases show, have been subjected to wrong laboratory tests or have been made to undergo surgeries which were not really needed.

Misdiagnosis, which is nothing more than a result of carelessness or negligence, often causes the worsening of a patient’s health condition and/or other more serious harm. Because this particular type of medical malpractice can have devastating consequences for victims, an Appleton medical malpractice attorney, emphasizes the need for medical professionals to observe the remarkably high professional standard they promised to exercise. Injurious mistakes, therefore, should be blamed on doctors who committed the error, especially since these mistakes could have easily been prevented.

The most common results of wrong diagnosis due to doctor negligence include cancer, heart attack, stroke or TIA, orthopedic injuries, infection, meningitis, aneurysm and internal bleeding. As explained by the Law Offices of Yvonne M. Fraser, without a proper diagnosis, doctors and other medical professionals cannot do what needs to be done to help their patients. However, there should be no room for error since only a fine line separates life from death, illness from health, and competence from incompetence. Thus, if misdiagnosis seems apparent, it may be wise to speak with a seasoned medical malpractice lawyer for the best legal action a victim can pursue against the responsible party.

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So Many Retired NFL Players now Live in Perpetual Pain

Posted by on Mar 2, 2017

So Many Retired NFL Players now Live in Perpetual Pain

Terry Beasley, thus far, is the only wide receiver at Auburn University to become a two-time All-American. In 1971, he was named co-SEC MVP with quarterback Pat Sullivan during the latter’s Heisman Trophy season and, in 2002, he was inducted into the College Football Hall of Fame.

During his three-year career at Auburn (from 1969 to 1971), Beasley amassed 141 receptions, 2,507 yards and 29 touchdowns. He was drafted in 1972 by the San Francisco 49ers and played 29 National Football League (NFL) games from 1972-75 for this same team. Beasley’s is a record to envy, but today, at age 66 and with what football did to him, he tells his wife Marlene Beasley that, if he could go back, he would give up football.

Beasley suffered more than 40 concussions over his career, and though he became a legend, he now lives in perpetual pain.

Terry Beasley is hardly out of bed and requires constant care. He keeps a cloth over his eyes to keep out the light and always has an ice pack on his head. Though he is on more than 10 medications he experiences short seizures every day and his excruciating headaches never go away. According to his wife, despite the injections for the pain, a couple of hours of sleep is all he gets as the pain wakes him up. Thus, as described by Marlene Beasley, football is not just a game. Every time players get on the field, they put their lives on the line and the symptoms of their head injury will follow them for the rest of their lives.

Though most of the injuries sustained by football players are musculoskeletal injuries, there are two other injuries that are more much more serious because these affect the brain: Chronic Traumatic Encephalopathy and Concussion.

Chronic Traumatic Encephalopathy (CTE) is a progressive degenerative disease of the brain that can cause depression, aggression, dementia, and loss of memory and motor. Concussion, meanwhile, is “a change in a player’s mental state due to a traumatic impact. Besides losing consciousness, players who sustain this injury can also experience headaches, dizziness, nausea, drowsiness, numbness/tingling, loss of balance, difficulty concentrating, and blurry vision; this is one major reason why NFL concussions are a serious problem.

The NFL denied for so long any possible link between the sport and brain injuries or CTE, it reversed course in 2014, however. Very recently, National Football League’s (NFL’s) senior vice president of health and safety admitted to a member of a U.S. congressional committee the connection between football and head trauma, specifically, CTE. This admission was influenced by a study conducted by Boston University, which found traces of CTE in 90 out of 94 deceased players it examined. (CTE, which was found in military veterans, those with a history of repetitive brain trauma and athletes, especially boxers, requires proof of degeneration of brain tissue and deposits of tau proteins and other proteins in the brain. Due to this, it can only be seen or detected through study of the brain after death or through autopsy).

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