Friday, December 30, 2011

VERIZON RIP-OFF: Verizon Plans To Charge $2 Fee To Customers For Paying Their Verizon Bill With A Credit Card

Apparently following the footsteps of fellow corporate giants Bank of America and Netflix, Verizon has found a new way to gouge its customers.

Beginning January 15th, 2012, Verizon plans to charge its customers a new $2 fee for each transaction when they pay their verizon bill with a credit card online or over the telephone.

Verizon customers can avoid this new and onerous fee by:

(1)  Yes! Paying the old-fashioned way, with a check in the mail.

(2)  Enrolling in Verizon's AutoPay, allowing the company to tap a credit, debit or ATM card or bank account on file. This appears to be Verizon's preferred option.

(3)  Paying by electronic check at a Verizon website.

(4)  Using your bank's online bill pay.

(5)  Paying at a kiosk or Verizon store.

(6)  Paying with a Verizon gift card or rebate.

[And see, "Legal Consumer Tips and Secrets", by Charles Jerome Ware, iUniverse Publishers (2011)]

2012: NEW LAWS UPDATE

[Also see, "Understanding the Law: A Primer", by Attorney Charles Jerome Ware, iUniverse Publishers]

Effective January 1, 2012, there are a number of new state laws becoming active. For example:

(1) In Alabama, the state known for outlawing the playing of dominoes on Sunday, there will be new limits governing who can testify as an expert witness in criminal and civil trials. This new law is aimed at limiting what critics call "junk science" theories of how or why a crime or other unlawful action occurred.

(2) From California, the state which by law guarantees "sunshine to the masses", comes two, of several, interesting new laws: the prohibition of virtually any business transaction involving beer which contains caffeine as a separate ingredient; and the requirement that students learn about societal contributions of gays and lesbians.

(3) In the Mormon state of Utah, new laws essentially ban "happy hour" --- making any daily alcoholic specials illegal.

(4) Four states -- Rhode Island, Kansas, Tennessee and Texas -- have enacted new laws to combat voter fraud by requiring voters to present photo identification before voting in elections.

(5) And, additionally, the state of Tennessee will require election officials to identify "possible non-citizens" who are registered to vote and order them to prove their U.S. citizenship if they wish to remain registered voters.

There are many other new state laws to look for in 2012. So, look for them.

Thursday, December 29, 2011

Privilegios durante la aplicación de la "Tarjeta Verde"

Hay esencialmente dos (2) permisos y privilegios importantes que un extranjero puede adquirir mientras que su aplicación de tarjeta verde está pendiente:

1. El primero es un permiso temporal de trabajo conocido como el documento de autorización de empleo (EAD). Este permiso permite a la persona a ser empleado en los Estados Unidos.
                       
2. El segundo es un documento de viaje temporal, la llamada “libertad condicional anticipada”, que permite a la persona a reingresar a los Estados Unidos.

(Presuntamente es más fácil salir de Estados Unidos que entrar en            el.)

Ambos permisos conceden privilegios y beneficios que son independientes de cualquier otra condicion existente concedida al extranjero. Como un ejemplo, es posible que un extranjero tenga permiso para trabajar en los Esados Unidos bajo la visa H1-B, la cual es clasificada como no inmigrante usada por un extranjero que va a ser empleado temporalmente en una ocupacion especifica.
[“Quince (15) Consejos Para Ganar Casos De Inmigracion”, Chalres Jerome Ware, iUniverse Publishers, 2011]

Friday, December 23, 2011

IDENTITY THEFT: UPDATE!

"5 TIPS To Avoid Being An Identity Theft Victim While On Vacation"

More than 9 million Americans have their identities stolen each year, according to the Federal Trade Commission.  When someone uses your personal information - your name, Social Security number or credit card number - without permission, they are stealing your identity.

How can you protect yourself while you're away?  Here are five tips to avoid being a victim:

1.  Stop your mail.  If your mail is sitting at your curb, it can be easy for someone to go through, pick what they are looking for, and take off.  Also, ask a trusted neighbor to watch for packages that may come from another course besides the Postal Service, and to hang on to them until your return.

2.  Don't advertise that you're on vacation.  Make sure if you are going to post vacation updates to social networking websites that your posts are secure - or better yet, don't post anything about it until after your return.  Put a few lights on a timer system so that your home doesn't look unoccupied for the entire time you're gone.

3.  Enroll in an identity protection product. 

4.  Keep your checkbook at home.  A stolen checkbook has your bank account number and routing number on the checks - valuable tools a thief can use to steal your identity or clean out your bank account.  Use cash or credit cards or purchase traveler's checks from your bank.  Traveler's checks require a signature when you purchase them, and then another when you use them.  Generally a photo ID is required when you use credit cards or traveler's checks.

5.  Give your credit card company a heads up.  This is especially important if you are traveling internationally, because any activity that happens domestically will raise a red flag.  If you don't let them know, they may become concerned when they see overseas transactions and freeze your card.

THE AT&T DEBACLE: Antitrust Enforcement Returns to Washington

            The Corporate mergers and acquisitions deal makers are struggling to figure out what lessons to learn from the debacle of AT&Ts failed $39 billion attempt to acquire T-Mobile USA.

            “One lesson to be learned is that antitrust enforcement has finally returned to Washington,” said attorney Charles Jerome Ware, a former top Antitrust official and litigator at the U.S. Department of Justice as well as the U.S. Federal Trade Commission, “No longer should giant companies like AT&T underestimate the Justice Department’s new toughness in policing mergers and acquisitions between competitors.”

[see also, “AT&T Case Shows Antitrust Mettle,” WSJ.com/article/12/21/2011]

Thursday, December 22, 2011

BofA & COUNTRYWIDE: Discriminatory Lending Scandal

            Bank of America (BofA) Caught in Widespread Pattern of Loan Discrimination Against Qualified African-American and Hispanic Home Loan Borrowers!  Must pay $335 million dollars in settlement with the U.S. Department of Justice (DOJ).

            Bank of America has agreed to pay $335 million to resolve allegations that its Countrywide unit engaged in a widespread pattern of discrimination against qualified African-American and Hispanic borrowers on home loans.

            The settlement with the U.S. Justice Department was filed Wednesday with the Central District court of California and is subject to court approval. The DOJ says it's the largest settlement in history over residential fair lending practices.

            According to the DOJ's complaint, Countrywide charged over 200,000 African-American and Hispanic borrowers higher fees and interest rates than non-Hispanic white borrowers with a similar credit profile. The complaint says that these borrowers were charged higher fees and rates because of their race or national origin rather than any other objective criteria.
            The United States' complaint says that Countrywide was aware that the fees and interest rates that its loan officers were charging discriminated against African-American and Hispanic borrowers, but failed to impose meaningful limits or guidelines to stop it.
By steering borrowers into subprime loans from 2004 to 2007, the complaint alleges, Countrywide harmed those qualified African-American and Hispanic borrowers. Subprime loans generally carried costlier terms, such as prepayment penalties and significantly higher adjustable interest rates that increased suddenly after two or three years, making the payments unaffordable and leaving the borrowers at a much higher risk of foreclosure.
            The settlement amount will be used to compensate victims of Countrywide's discriminatory mortgage loans from 2004 through 2007, when Countrywide originated millions of residential mortgage loans as the nation's largest single-family mortgage lenders.

Tuesday, December 20, 2011

AIRPLANE or AIRLINE SICKNESS!

            Last month I returned by way of airline from an international trip.  About five of us became very ill on the plane and needed medical treatment upon our return to our homes.  Eventually, under a doctor’s care and a prescription of antibiotic, I recovered.

            It’s a fact: germs, viruses and illnesses lurk on planes!

            I have a few suggestion that may help the reader when he or she is stuck at 35,000 feet next to sneezers, coughers, and other of the sick persuasion.

            The ‘hot zone’ for infection risk is two seats in front, behind and on either side of you.  While you may wish you could just change seats away from a sniffly stranger, the chances of that on packed flights are slim.  Some recommendations from doctors and frequent travelers:

            1.  Airplane bathrooms have multiple surfaces that harbor germs.  In addition to hand-washing, use an alcohol-based hand sanitizer.  And don’t fill water bottles from the sink’s tap.

            2.  Open the air vent and direct flow just in front of your face to deflect germs and breath filtered air.

            3.  Tray tables can be covered with germs.  Disinfect with wipes before using.

            4.  Seat-back pockets are often stuffed with used tissues and napkins, or worse.  The only solution, doctors say, is just don’t use them.

            5.  When getting on and off the plane, passengers are tightly packed in the aisles, touching seats and latches on overhead storage bines.  Use hand sanitizer and raise concerns with the crew when air circulation is shut off for an extended period.

[and see, WSJ, Tuesday, 12/20/2011, P. D1; “Where Germs Lurk On Planes”]

CRUISING UPDATE: Cruise Passenger Threatens Legal Action Against Carnival

            Passengers Upset With Carnival Customer Service After Ship Delayed By Bad Weather

            It’s not the Love Boat!

            At least one cruise passenger who was stranded on the Carnival cruise ship Fascination because of bad weather in October is ready to take legal action against the cruise line.

            TinaMarie Nelson, of Illinois, said that the cruise of the port of Jacksonville was a nightmare.  She said Carnival put her and her friends in danger with the way it handled the situation.

            During the four-day trip to the Bahamas, Nelson recorded video as severe weather struck, sending waves crashing against the ship.

            She said she’s amazed by Carnival’s lack of customer service, as about 2,000 passengers were stranded on board and facing several-hour delays, skipping a port and getting seasick.

            “People were throwing up everywhere, in the hallways, in the dining areas,” Nelson said.  “They had towels covering up the throw-up because they couldn’t keep up with people throwing up from the motion.”

            Nelson said she wants her money back, but it’s Carnival’s policy not to issue refunds.  The company provides a detailed contract online that passengers must sign.  It indicates that Carnival reserves the right to alter the ship’s course, ports of call, itinerary and activities because of bad weather.

[http://www.news4jax.com/news/Cruise-Passenger-Threatens-Legal-Action]

Monday, December 19, 2011

IMMIGRATION UPDATE: U.S. SUPREME COURT DECIDES IN FAVOR OF MANY IMMIGRANTS WITH OLD CRIMINAL CONVICTIONS

Supreme Court Issues Favorable Decision on § 212(c) Relief Practice Advisory for Assisting those with Cases Affected by the Decision 

December 16, 2011 

Washington, D.C.--- Earlier this week, the Supreme Court issued a unanimous decision in Judulang v. Holder, overturning the Board of Immigration Appeals’ (Board or BIA) policy of restricting § 212(c) relief for many lawful permanent residents (LPRs) with old criminal convictions.  Today, the Legal Action Center, the Immigrant Defense Project, and the National Immigration Project of the National Lawyers Guild are issuing a Practice Advisory that describes the Court’s decision and offers strategies for LPRs who are affected by it, Implications of Judulang v. Holder for LPRs Seeking § 212(c) Relief and for Other Individuals Challenging Arbitrary Agency Policies.  Of particularly note, some LPRs with final orders may want to consider filing motions to reconsider within 30 days of the Court’s decision. 

Under the Board’s now-rejected policy, LPRs found deportable were eligible for § 212(c) relief only if they could show that the ground of deportation was substantially equivalent to a ground of inadmissibility.  The Board’s policy, referred to as the “comparable ground test,” was announced in the 2005 decisions Matter of Blake, 23 I&N Dec. 722 (BIA 2005), and Matter of Brieva, 23 I&N Dec. 766 (BIA 2005).  In its decision, the Supreme Court concluded that the Board’s policy did not pass the “arbitrary and capricious” standard under the Administrative Procedures Act.

The Judulang Practice Advisory describes (1) the Court’s holding in Judulang and who is potentially affected; (2) steps that lawyers (or immigrants themselves) should take immediately in pending or already concluded removal proceedings involving such individuals; and (3) some other potential uses of the Judulang decision’s reasoning to challenge agency policy in removal cases. 

[Also see, “THE IMMIGRATION PARADOX: FIFTEEN (15) TIPS FOR WINNING IMIGRATION CASES”, iUniverse, 2009; and “QUINCE (15) CONSEJOS PARA GANAR CASOS DE INMIGRACION”, iUniverse, 2011; both was Charles Jerome Ware, former U.S. Immigration Judge]

Friday, December 16, 2011

MORTGAGE FRAUD: Fannie Mae and Freddie Mac ex-CEOs charged

The Securities and Exchange Commission (SEC) has charged 6 former high-ranking executives (including CEOs) of mortgage giants Fannie Mae and Freddie Mac with securities fraud.

The civil lawsuits allege the six executives misled investors about their exposure to risky subprime mortgage debt. The lawsuits were filed in two separate cases in Federal Court in New York City. Among the ex-CEOs sued were former Fannie Mae CEO Dnaiel Mudd and former Freddie CEO Richard Syron.

The two civil suits seek financial penalties, disgorgement of ill-gotten gains with interest payments, and to bar Syron, Mudd and the other four defendants from serving as directors on company boards.

[see further: bottomline.msnbc.msn.com/news/2011/12/9494796-sec-charges-ex-fannie-freddieCEOs]

Thursday, December 15, 2011

THE WHITE HOUSE: African American Engagement Conference Call

To: Clients and Friends:

The White House Office of Public Engagement will host the Monthly African American Engagement Call. Please join us on Thursday, December 15th at 3 p.m. EST for a conference call with Michael Strautmanis, Deputy Assistant to the President and Counselor for Strategic Engagement to the Senior Advisor, and Gil Kerlikowske, Director of the Office of National Drug Control Policy.

Call Details:

  • WHAT: Office of Public Engagement Monthly African American Engagement Call
  • WHEN: Thursday, December 15th at 3 p.m. EST
  • CALL NUMBER: (877) 941-6029
  • PASSCODE: White House African American Monthly

Please note that this call is off-the-record and is not intended for press purposes.

Thank you!

Wednesday, December 14, 2011

¡ROMPER NOTICIAS!!!: NUEVO LIBRO EN VENTA


QUINCE (15) CONSEJOS PARA GANAR CASOS DE INMIGRACION



Extractos del libro más vendido de inmigración,
“LA PARADOJA DE LA INMIGRACION: Quince (15) Consejos para Ganar Casos de Inmigración”
Por
Abogado Charles Jerome Ware
WWW.CHARLESJEROMEWARE.COM
Ex Juez de Inmigración de Estados Unidos
 ___________________________________________________________________________

CHARLES WARE is a former United States Immigration Judge.  He has published and spoken publicly numerous times on various legal topics.  His previous three legal books published by iUniverse have all been well-received by readers: “Understanding the Law: A Primer” (2008), “The Immigration Paradox” (2009), and “Legal Consumer Tips and Secrets” (2011).  His national law practice is headquartered in Columbia, Maryland where he lives with his family.  Charles Ware has been featured on his own number one legal advice radio program, “The Lawyer’s Mailbox”, as well as on numerous other television and radio programs.

MISSILE SILO HOME AND ESTATE FOR SALE: ONLY $1.72 MILLION!!!


            A home and its 185-acre estate originally purchased for $18 million in the 1950s, is now up for sale in upstate New York.  The new bargain price is $1.72 million.

            The home was designed and built specifically to sit on top of the 185-foot-deep missile silo in Saranac, New York.

            The missile silo comes with its own private airplane runway, and open-plan lodge, a 2,000-pound “impenetrable” keypad door, and a 50-foot tunnel.

            The Atlas ICBM (the “Atlas F”) missile is optional.

Tuesday, December 13, 2011

CRUISE PASSENGER CLAIMS: UPDATE!

In 1977, when The Love Boat television series premiered on American television, less than one million passengers cruised from ports in the United States. Today, over three million passengers embark annually on cruise ships from the Port of Miami alone. Many other passengers cruise from Tampa, Miami, New Orleans, Galveston, New York, San Diego and Los Angeles. 

Unfortunately but typically, many passengers are injured during these voyages. Most passengers are uncertain whether their injuries are compensable, what law applies to their situation, and when their claim must be filed. Complicating matters is the fact that most claims have to be filed in the jurisdiction where the cruise line is located. After returning to their home state or country, many passengers are hesitant to file suit against a large corporation in a distant jurisdiction. 

This law firm is qualified to provide passengers with advice regarding whether there is a basis to file suit, what compensation is potentially recoverable if litigation is commenced, and what defenses the cruise line will raise. The types of cases handled by this law firm and its referral network include:
  • Trips and slips due to slippery substances and dangerous surfaces.
  • Falls in cabins and on decks, stairways, ladders and ramps.
  • Injuries while on shore excursions.
  • Fires and collisions at sea.
  • Viruses, gastroenteritis and illnesses caused by contaminated food and beverages.
  • Failure to provide appropriate medical treatment.
  • Failure to accommodate passengers with disabilities.
  • Physical & sexual assaults by crew members.

[For general information contact:  WWW.CHARLESJEROMEWARE.COM; Office: (410) 720-6129; Email: CHARLESJEROMEWARE@MSN.COM]

Monday, December 12, 2011

CRUISE NEWS UPDATE: The Church of Scientology Responds to Allegations of "Woman imprisoned on Scientology cruise ship"

The Church of Scientology has released a statement denying the allegations of an Australian woman, Valeska Paris, who claims she was imprisoned on the group's cruise ship "The Freewinds" for over 10 years.

The church, in its prepared statement, claims the woman was a volunteer crew member of their cruise ship "The Freewinds" and was never held against her will.  The following is an excerpt from their statement to the media:

"Valeska Guider [Paris]  was serving as a crew member aboard the Freewinds religious retreat as a volunteer, adult religious worker. She was there of her own free will as part of her religious commitment to the Church of Scientology. The Freewinds is a passenger vessel with hundreds of people aboard. Ms. Guider's staff positions as a waitress, course instructor and staff counselor regularly placed her in contact with many parishioners and staff. She met and married her first husband there to whom she was married from 1998-2005 and who affirms her statements are false. She left the Freewinds hundreds of times to go shopping, for outings with her husband on islands such as St. Kitts, Aruba, St. Barts and Curaçao, as well as for numerous other reasons. She participated in extended trips to the UK, US and Denmark for which she passed through Immigration and Customs when entering and exiting these countries. Her claims are false."

[For more information on this topic, see: ABC News (Australian Broadcasting Corporation News) www.abc.net.au/news/2011-11-28/womanimprisonedonScientologycruiseship; "Lateline" by Steve Cannane, updated November 30, 2011; "Yahoo!" News, 2011; "The Sideshow", 2011]

Friday, December 9, 2011

CRUISE NEWS: Legal Update

"Church of Scientology Denies Kidnapping Charge"

The Church of Scientology has issued a formal statement denying ABC News and Village Voice reports of allegations that a woman was "imprisoned" aboard the Scientology cruise ship "Freewings" for more than 10 years.

For most people, an extended stay aboard a luxury cruise liner sounds like a dream vacation.

But Valeska Paris says she was held against her will aboard the Scientology cruise ship "Freewinds" for more than a decade. During her stay on the vessel, she alleges, she was forced into hard labor and never allowed to leave the ship without an escort.

In an interview with the Australian Broadcasting Corporation's (ABC News) Lateline program, Paris claims that Church of Scientology leader David Miscavige sent her to the ship when she was 18 in order to prevent her family from pulling her out of the organization.

"I was basically hauled in and told that my mum had attacked the church and that I needed to disconnect from her because she was suppressive," she said. "He decided the ship, and I found out two hours before my plane left, I was woken up in the morning and I was sent to the ship for 'two weeks.' "


Paris was born into a Scientology family, but her mother quit the group after her husband committed suicide, blaming Scientology for coercing him out of a self-made personal fortune of more than a million dollars.

Instead of the promised two week stay, Paris found herself unable to leave the ship without an official Scientology escort and was often forced into hard labor on the lower levels of the ship for stretches as long as two full days. "It's hot, it's extremely loud, it's smelly, it's not nice. I was sent down there at first for 48 hours straight on almost no sleep and I had to work by myself," she said.

So, why didn't Paris simply escape from the ship when it would take port? The Freewinds has a relatively small sailing route, traveling throughout the Caribbean and occasionally docking at small islands.

"I did not want to be there, I made it clear I did not want to be there and that was considered bad ethics, meaning it was considered not right," she said. "They take your passport when you go on the ship and you're in the middle of an island. So it's a bit hard [to escape] and by that time I was 18, I'd been in Scientology my whole life, it's not like I knew how to escape," she said.

The Church of Scientology calls Paris' claims false but declined ABC requests to make church officials available for interviews for the story. The church, which has a well-known litigious history, threatened Lateline with legal action for taking part in an alleged breach of confidentiality between Paris and the church. In a statement, the Church of Scientology said Ms Paris' claims were false.

"She certainly wasn't 'forced' to be there. She was also never forced to perform labor in the engine room," the statement said. "The Freewinds is a wonderful place, as even Valeska said on numerous occasions. Her allegation that she could only leave the ship with an escort is totally false."
[also see, news.yahoo.com/blogs/sideshow/womanimprisoned]

Thursday, December 8, 2011

Happy Holidays from all of us at the National Law Offices of Charles Jerome Ware, P.A.!

Be good to yourself.
Be good to others.

We are "here to make a difference".

TICKETMASTER: Refund Windfall Update!

Starting April 15th, 2012, all Ticketmaster customers for the past 12 years, October 21, 1999 through October 19, 2011, will be receiving a refund if they used Tickermaster's website to buy tickets; according to "Business Insider" by Kevin Lincoln [http://finance.yahoo.com/news/everyone-used-tickermaster-last-12-190940783.html].

It is believed that the proposed refund windfall will be about $1.50 per ticket order over the website, because of a class action lawsuit filed against Ticketmaster in 2003.


Ticketmaster is being forced to credit $1.50 per ticket order (up to 17 orders) to customers due to the fact that they profited off of "processing fees" without declaring as much.

And despite the reparations, Ticketmaster can continue to profit off transactions — they just have to say they're doing so on their website.

According to court documents, the original claim, filed October 21, 2003, also implicates UPS' delivery price for expedited delivery of tickets as deceptive. Those part of the UPS subclass of the suit are entitled to an additional $5.00 credit per ticket. Both credits are in the form of vouchers, which can be redeemed a maximum of two at a time.

This could end up costing Ticketmaster a hefty amount of money. If, in any given year over the four-year redemption period, less than $11.25 million is redeemed by customers, Ticketmaster is going to donate the remainder to charity.

These Ticketmaster (and UPS) refund credits are expected to be issued within 30 days after Final Approval of the class action settlement, which is currently scheduled for May 29, 2012.

BREAKING NEWS!!! --- CREDIT RATING SCANDAL

According to the Wall Street Journal (Friday, 12-2-2011, page C1), over the past 5 years, 2006 to 2011, more than 100 credit analysts at the top credit firms have left these firms to work for the financial companies they once rated.

[also see, the new book "Legal Consumer Tips and Secrets" (iUniverse, 2011) by Charles Jerome Ware, former Special Counsel to the Chairman of the U.S. Federal Trade Commission]

Wednesday, December 7, 2011

LEGAL APPEALS: An Update

Thank goodness for the right of appeal.  However, the litigant should be made aware that, although the appeals process can be most helpful to an appellant, the appeal is not always a saving grace for your case.  Your appeal could sour.  [see, Chapter 14: The Appeal, from the book UNDERSTANDING THE LAW: A PRIMER, (2008), by Attorney Charles Jerome Ware]

For example, from the WSJ.com Law Blog:

Federal appellate judge Richard Posner, widely considered one of the sharpest minds and wits in the federal judiciary, ruffled some feathers recently when in a legal opinion he compared a Houston appellate lawyer to an ostrich.


The insult was directed at David "Mac" McKeand, who is representing a group of Mexican citizens in one of many lawsuits over car wrecks allegedly caused by defects in Bridgestone and Firestone tires installed on Fords in Latin America. Judge Posner, in upholding a lower court's decision to dismiss the case, accused Mr. McKeand of ignoring legal precedent in arguing that the case belonged in U.S. rather than Mexican courts.

"The ostrich is a noble animal, but not a proper model for an appellate advocate," wrote Judge Posner, who sits on the U.S. Court of Appeals for the Seventh Circuit in Chicago.

For good measure, he illustrated the ruling with photos of an ostrich and a man in a suit with their heads buried in the sand, a flourish some in the legal profession said went too far.

Others praised Judge Posner for taking a stand.

Mr. McKeand, for one, thought the ruling was "beneath [Judge Posner's] high level of jurisprudence." The lawsuit belonged in the U.S. because Mexican courts refused to hear similar cases involving foreign defendants such as Ford and Firestone, he said. "In light of all the facts, I can only wonder who really is the ostrich," Mr. McKeand said.

CRUISE SHIP LAWS: Attorney Charles Jerome Ware's Update

The tragic death of Canadian Bernie Hamilton reminds us to issue this warning (or "caveat emptor") on cruise medical and/or health care:  generally, health care providers on most cruise ships, including doctors and nurses, are marginally qualified to handle passenger health care emergencies.

Hamilton, 66, and his wife were on their first transatlantic cruise when he suffered a heart attack in April 2011 while aboard a Holland America Line cruise ship and became brain dead.  He never recovered, and died three weeks later on May 5th, 2011.

His wife, Heather Hamilton, informed the Canadian Broadcasting Company's (CBC's) "The Fifth Estate" program that she believes her husband would still be alive if not for a series of misdiagnoses and missteps made by the cruise ship's doctor and staff.

The reader is cautioned and reminded that:  No requirements currently exist regarding the competency and training of hired medical personnel aboard cruise ships.  Any and all regulations concerning this area are voluntary by the cruise lines.

In other words, the loveable and affable doctor and nurse on your "Love Boat" are likely to be marginally competent to handle your health issues.



According to Mrs. Hamilton, after collapsing on board the ship it took at least an hour for the ship's medical staff to stabilize Bernie Hamilton.  The patient and his wife were then ordered off the ship at the Port in Spain where Mr. Hamilton could get medical treatment at a local hospital.  At the hospital in Spain he was declared brain dead.

Later, Heather Hamilton wrote a long letter to Holland America laying out in detail her version of the events that led up to her husband's heart attack.  She still has not received a reply from Holland America.  The only correspondence from the cruise line has been a $2,000 bill for Bernie's medical care.
[see, WWW.CHARLESJEROMEWARE.COM]

Tuesday, December 6, 2011

CRUISE SHIP LAW NEWS: by Maritime Personal Injury Attorney Charles Jerome Ware

Miami:  On November 22nd, 2011, the U.S. Attorney's Office for the Southern District of Florida (in Miami) announced criminal charges against a Carnival Cruise Line crewmember for alleged sexual abuse of a 14-year old female passenger aboard the "Liberty" cruise ship.

Baltimore:  Update to the report in 2010 that 6 crewmembers may have been poisoned by exposure to carbon monoxide on Celebrity Cruise Line's "Mercury" cruise at the Port of Baltimore: the Hazmat team did not find carbon monoxide on the ship.

Monday, December 5, 2011

CRUISE PASSENGER SERIOUSLY ILL FROM FOOD ON ALASKA CRUISE

The national law offices of Charles Jerome Ware, P.A., have filed a law suit on behalf of a passenger who became seriously ill from food on his Alaska cruise.

The lawsuit was filed in the federal court in Baltimore, Maryland and transferred by consent of the parties to the southern district of Florida, in Miami.

CRUISE SHIP PASSENGER LITIGATION: An Update

The national law firm of Charles Jerome Ware, P.A. is experienced and successful in the area of cruise ship passenger litigation.

Millions of passengers and tourists travel on cruises from the United States.  Although most of them have safe and enjoyable experiences, many do not.  Certainly safety aboard cruise ships has not increased commensurately with the large increase in passengers.

Complaints and claims of cruise ship injuries to passengers, assaults by crew members, and violent illnesses have become relatively commonplace in the cruise ship industry.

Cruise ship passengers who believe they may have a case against a cruise line are encouraged to contact the national law offices of Charles Jerome Ware, P.A., at (410) 720-6129, or (410) 730-5016, or visit our website at www.charlesjeromeware.com, or email at charlesjeromeware@msn.com.

LONG-TERM ECONOMIC CYCLE THEORY: An Update

Fluctuations in the American economy occur with uncanny regularity.

These fluctuations or trends revolve around either and (i) ascending, (ii) plateau, or (iii) descending phase of a long-term economic cycle of abundant prosperity, stagnation, or decline leading to a severe economic depression.

The complete economic cycle lasts from about 50 to 60 years.  A new cycle then begins.  In other words, a major economic depression occurs about every 50 years as a national an normal part of the self-correcting process of a so-called "free enterprise" economy.

Even the Bible makes reference to 50-year Jubilees where all debts were forgiven.  Could it be that long-term economic cycles have always existed? [see, WWW.CHARLESJEROMEWARE.COM]

Friday, December 2, 2011

IMMIGRATION UPDATE: "The Immigration Paradox" by Charles Jerome Ware, former United States Immigration Judge

An Immigration Paradox develops when American immigration policy is subjected to Government benign neglect. Additionally, although frequently used by many in the public, the word “illegal” is technically not recognized as a legal term in American immigration law as it applies to people. Surprised? Read further.

Immigration has always been a controversial, complex, and very important issue historically in American public policy. In fact, the historic and fundamental importance of immigration in American culture, in combination with the increasing controversy and inevitably complexities involving it, has created inevitable the above-referenced immigration paradox.

This book presents an overview of American immigration history, trends, policies and practices, and addresses the “paradox” issue from the perspective of a former United States Immigration Judge.

This important book contains “Fifteen (15) Tips for Winning Immigration Cases.”

BANK FORECLOSURES Update: State Attorney Generals Declare War on Banks

With the Federal Government having taken the lead with its lawsuit earlier this year, (2011), the 50 state attorneys general are now following up with lawsuits against U.S. banks who have been foreclosing illegally on homes.

The Massachusetts Attorney General has filed suit against five top banks, alleging robo-signing, other deceptive loan servicing practices, and general illegal foreclosures on homes in that state.

The 5 defendant banks are Bank of America, Wells Fargo, JP Morgan Chase, Citigroup and GMAC.

Look for other state attorneys general to follow with their own lawsuits.