www.charlesjeromeware.com. " We are here to make a difference."
A Johns Hopkins University professor, Matthew D. Green, and his "team of researchers" are allegedly seeking to develop an untraceable digital currency ( to be called " Zerocoin"),which will be intended to make " Bitcoin" transactions truly anonymous.
According to Professor Green, the goal is not to assist criminals, but rather to " allow people to communicate and perform transactions in an anonymous and completely democratic way --- much like using cash."
Some critics protest that Professor Green's proposed " Zerocoin" system will help criminals launder massive amounts of money.
Obviously, this is another area in the " Bitcoin" phenomenon to watch.
[ http:// www.baltimoresun.com.news/opinion/oped/bs-ed-bitcoin-20131125/by E. J. Fagan]
Bitcoin is has not taken hold very much in Maryland as yet; but there continues to be potential for its increased use in some markets in the state.
[ http://www.baltimoresun.com/business/technology/blog/bs-bz-fiddlefly-accepts-bitcoin/J.S.Hopkins/December 12, 2013]
Tuesday, December 31, 2013
Saturday, December 28, 2013
POLITENESS versus FLIRTATION
Politeness has become so rare that some people mistake it for flirtation
Attorney Charles Ware's Blog: MARYLAND OPHTHALMOLOGY MEDICAL MALPRACTICE UPDAT...
Attorney Charles Ware's Blog: MARYLAND OPHTHALMOLOGY MEDICAL MALPRACTICE UPDAT...: www.charlesjeromeware.com . " We are here to make a difference." This blog is designed for informational purposes only and not int...
MARYLAND OPHTHALMOLOGY MEDICAL MALPRACTICE UPDATE
www.charlesjeromeware.com. " We are here to make a difference." This blog is designed for informational purposes only and not intended to be used for, nor considered to be, legal advice.
$ 1,0000,0000 CONFIDENTIAL SETTLEMENT : OPHTHALMOLOGY MALPRACTICE
This New Jersey medical negligence case involved a 45-year-old plaintiff maintenance worker who initially sustained injury to his right eye when a drill bit broke while he was drilling a hole into a metal plate at work, causing a large piece of metal bit to strike him in the right eye.
The plaintiff contended that the defendant emergency room physician negligently failed to advise
the co-defendant ophthalmologic surgeon that the CT-scan reflected the presence of an opaque
foreign object and the ophthalmologic surgeon negligently failed to properly read the CT-scan in conjunction with surgery, closing the patient while the foreign object (portion of drill bit) was still present. The plaintiff alleged that the object was abrading the retina and remained for seven days causing extensive inflammation and blindness in one eye.
Plaintiff contended that his vision in the affected right eye is essentially limited to counting his fingers, and he cannot drive. Plaintiff also maintained that he will be permanently precluded from working in the field of maintenance and that using tools such as saws is now very dangerous for him.
The plaintiff can work in other fields and the plaintiff's vocational expert would have discussed (had the case gone to trial) an approximate 20% reduction in plaintiff's earning capacity. The case settled prior to the plaintiff's retention of a medical expert on liability for $ 1,000,000. The settlement did not disclose the percentage paid on behalf of each physician.
[ The national law firm of Charles Jerome Ware, P.A., Attorneys & Counselors, is conveniently headquartered in the Columbia, Howard County, Maryland. For an initial courtesy consultation, contact us at (410) 720-6129 or (410) 730-5016; www.charlesjeromeware.com]
$ 1,0000,0000 CONFIDENTIAL SETTLEMENT : OPHTHALMOLOGY MALPRACTICE
This New Jersey medical negligence case involved a 45-year-old plaintiff maintenance worker who initially sustained injury to his right eye when a drill bit broke while he was drilling a hole into a metal plate at work, causing a large piece of metal bit to strike him in the right eye.
The plaintiff contended that the defendant emergency room physician negligently failed to advise
the co-defendant ophthalmologic surgeon that the CT-scan reflected the presence of an opaque
foreign object and the ophthalmologic surgeon negligently failed to properly read the CT-scan in conjunction with surgery, closing the patient while the foreign object (portion of drill bit) was still present. The plaintiff alleged that the object was abrading the retina and remained for seven days causing extensive inflammation and blindness in one eye.
Plaintiff contended that his vision in the affected right eye is essentially limited to counting his fingers, and he cannot drive. Plaintiff also maintained that he will be permanently precluded from working in the field of maintenance and that using tools such as saws is now very dangerous for him.
The plaintiff can work in other fields and the plaintiff's vocational expert would have discussed (had the case gone to trial) an approximate 20% reduction in plaintiff's earning capacity. The case settled prior to the plaintiff's retention of a medical expert on liability for $ 1,000,000. The settlement did not disclose the percentage paid on behalf of each physician.
[ The national law firm of Charles Jerome Ware, P.A., Attorneys & Counselors, is conveniently headquartered in the Columbia, Howard County, Maryland. For an initial courtesy consultation, contact us at (410) 720-6129 or (410) 730-5016; www.charlesjeromeware.com]
Tuesday, December 24, 2013
Attorney Charles Ware's Blog: CHARLES WARE's " BITCOIN" UPDATE : The BITCOIN MOV...
Attorney Charles Ware's Blog: CHARLES WARE's " BITCOIN" UPDATE : The BITCOIN MOV...: www.charlesjeromeware.com . " We are here to make a difference." The national law firm of Charles Jerome Ware, P.A., Attorneys &a...
CHARLES WARE's " BITCOIN" UPDATE : The BITCOIN MOVEMENT continues, www.charlesjeromeware.com
www.charlesjeromeware.com. " We are here to make a difference." The national law firm of Charles Jerome Ware, P.A., Attorneys & Counselors, is conveniently headquartered in the Washington, D.C. and Baltimore, Maryland metropolitan area. The content of this blog is presented for informational purposes only, and not intended as legal advice.
THE " BITCOIN " MOVEMENT CONTINUES
BITCOIN is the latest poster currency for a growing movement of alternative financial tender.
Essentially, BITCOIN is an innovative payment network and a new kind of money. BITCOIN uses peer-to-peer technology to operate with no central authority or banks. Managing of transactions and the issuing of bitcoins is carried out collectively by the network.
BITCOIN is open - source; its design is public. Ideally, it is claimed that no one owns or controls BITCOIN, and everyone can take part in it. It is also alleged that, through many of its " unique properties", BITCOIN allows exciting uses that could not be covered by any previous payment system [http;//bitcoin.org/en].
Similar to the alleged trillion-dollar platinum coin several months ago, BITCOIN has leap-frogged from a technical curiosity to "mainstream" financial news. Certainly, BITCOIN has become an object of economic escapism for some. As to whether it continues to grow as a currency phenomenom has yet to be seen, but the underlying public curiosity that there is growing skepticism about global financial systems' long-term viability, and a correlated grassroots interest in returning to smaller scale, offline, more locally-focused systems of currency and financial exchange.
IS BITCOIN A BETTER MEANS OF FINANCIAL
AND CURRENCY EXCHANGE ?
According to some monetary experts, a growing number of people worldwide have grown tired of being
economically abused by "globalization" and simply want to get back to functioning within sustainable local systems. Because of the way our globalized world works financially ( great when it does work, a disaster when it does not), hard-working people and their communities are being destroyed by financial meltdowns in distant geographic locations. It is argued by many that globalization has eroded our incentives and our ability to play well together as local communities, meaning we are now less resilient to shocks of all kinds than we used to be. It should be noted, however, that some monetary experts believe that --- while currency projects like BITCOIN are quite interesting --- they set too high a bar for the average person; meaning, BITCOIN may be too sophisticated an exchange system for the general public [http://qz.com/72697/bitcoin is just the poster currency for a growing movement of alternative tender/April 10, 2013].
For a concise technical overview of how BITCOIN works, read the following site: http://bitcoin.org/en/how-it-works.
THE " BITCOIN " MOVEMENT CONTINUES
BITCOIN is the latest poster currency for a growing movement of alternative financial tender.
Essentially, BITCOIN is an innovative payment network and a new kind of money. BITCOIN uses peer-to-peer technology to operate with no central authority or banks. Managing of transactions and the issuing of bitcoins is carried out collectively by the network.
BITCOIN is open - source; its design is public. Ideally, it is claimed that no one owns or controls BITCOIN, and everyone can take part in it. It is also alleged that, through many of its " unique properties", BITCOIN allows exciting uses that could not be covered by any previous payment system [http;//bitcoin.org/en].
Similar to the alleged trillion-dollar platinum coin several months ago, BITCOIN has leap-frogged from a technical curiosity to "mainstream" financial news. Certainly, BITCOIN has become an object of economic escapism for some. As to whether it continues to grow as a currency phenomenom has yet to be seen, but the underlying public curiosity that there is growing skepticism about global financial systems' long-term viability, and a correlated grassroots interest in returning to smaller scale, offline, more locally-focused systems of currency and financial exchange.
IS BITCOIN A BETTER MEANS OF FINANCIAL
AND CURRENCY EXCHANGE ?
According to some monetary experts, a growing number of people worldwide have grown tired of being
economically abused by "globalization" and simply want to get back to functioning within sustainable local systems. Because of the way our globalized world works financially ( great when it does work, a disaster when it does not), hard-working people and their communities are being destroyed by financial meltdowns in distant geographic locations. It is argued by many that globalization has eroded our incentives and our ability to play well together as local communities, meaning we are now less resilient to shocks of all kinds than we used to be. It should be noted, however, that some monetary experts believe that --- while currency projects like BITCOIN are quite interesting --- they set too high a bar for the average person; meaning, BITCOIN may be too sophisticated an exchange system for the general public [http://qz.com/72697/bitcoin is just the poster currency for a growing movement of alternative tender/April 10, 2013].
For a concise technical overview of how BITCOIN works, read the following site: http://bitcoin.org/en/how-it-works.
Monday, December 23, 2013
CHARLES WARE's TRADE SECRETS UPDATE FOR MARYLAND AND D.C., 2014
www.charlesjeromeware.com. This blog is presented for informational purposes, and not intended to be legal advice. The national law firm of Charles Jerome Ware, P.A., Attorneys & Counselors, is conveniently headquartered in the Baltimore and D.C. metropolitan area. For an initial courtesy consultation, contact us at (410) 720-6129 or (410) 730-5016.
The public can expect an increase in trade secret litigation in Maryland and Washington, D.C. in 2014, as well as throughout several other jurisdictions in the United States. Certainly 2013 was a big trade secrets year, but 2014 promises to be an even bigger year.
One very hot trade secrets issue involved the allegation by security company Mandiant in February 2013 that the Chinese government was sponsoring hackers in China that systematically engaging in cyberattacks in the United States. The U.S. responded with outrage, followed with a White House " Executive Order and 5-Point Plan" for combatting Cybertheft; then the Pentagon publicly accused China of cyberhacking in its Annual Report to Congress; and the U.S. Senators called for the creation of a watch list of foreign countries that " engage in economic or industrial espionage". It appeared the U.S. had taken the upper hand on China in terms of the moral high ground and public image on the topic.
Then came the Edward Snowden scandal of the NSA.
Snowden single-handedly snatched America's moral high ground away with his now infamous "revelations" about NSA surveillance programs, including spying on friendly government leaders and allies. America took a huge credibility hit. After all, it is very difficult to complain about others hacking when you are doing the same thing as well as monitoring "friends' " telephone calls. There will surely be more uproar about this debacle in 2014.
All along, trade secrets legislation has also been gaining ground in the states, including Maryland and D.C.
Maryland is one of 48 states that have adopted the Uniform Trade Secrets Act. Texas, by the way, became the 48th state to do so in 2013. And the Massachusetts legislature currently has two bills that would also adopt the uniform act. New York and Massachusetts are the only hold-outs thus far in adopting some form of the Uniform Trade Secrets Act., which celebrates its 34th anniversary in August.
Maryland's own trade secrets law can be found at : Md. Com. L. Code Secs. 11-1201, et seq. (http://law.justia.com/codes/maaryland/2010/commercial-la/title-11/subtitle-12/) (http://www.lawserver.com/law/state/louisiana/la-laws/louisiana revised statutes title 51 chapter 13-a); and see, http://www.nolo.com/legal-encyclopedia/Maryland Trade n - Review]/
The public can expect an increase in trade secret litigation in Maryland and Washington, D.C. in 2014, as well as throughout several other jurisdictions in the United States. Certainly 2013 was a big trade secrets year, but 2014 promises to be an even bigger year.
One very hot trade secrets issue involved the allegation by security company Mandiant in February 2013 that the Chinese government was sponsoring hackers in China that systematically engaging in cyberattacks in the United States. The U.S. responded with outrage, followed with a White House " Executive Order and 5-Point Plan" for combatting Cybertheft; then the Pentagon publicly accused China of cyberhacking in its Annual Report to Congress; and the U.S. Senators called for the creation of a watch list of foreign countries that " engage in economic or industrial espionage". It appeared the U.S. had taken the upper hand on China in terms of the moral high ground and public image on the topic.
Then came the Edward Snowden scandal of the NSA.
Snowden single-handedly snatched America's moral high ground away with his now infamous "revelations" about NSA surveillance programs, including spying on friendly government leaders and allies. America took a huge credibility hit. After all, it is very difficult to complain about others hacking when you are doing the same thing as well as monitoring "friends' " telephone calls. There will surely be more uproar about this debacle in 2014.
All along, trade secrets legislation has also been gaining ground in the states, including Maryland and D.C.
Maryland is one of 48 states that have adopted the Uniform Trade Secrets Act. Texas, by the way, became the 48th state to do so in 2013. And the Massachusetts legislature currently has two bills that would also adopt the uniform act. New York and Massachusetts are the only hold-outs thus far in adopting some form of the Uniform Trade Secrets Act., which celebrates its 34th anniversary in August.
Maryland's own trade secrets law can be found at : Md. Com. L. Code Secs. 11-1201, et seq. (http://law.justia.com/codes/maaryland/2010/commercial-la/title-11/subtitle-12/) (http://www.lawserver.com/law/state/louisiana/la-laws/louisiana revised statutes title 51 chapter 13-a); and see, http://www.nolo.com/legal-encyclopedia/Maryland Trade n - Review]/
Tuesday, December 17, 2013
Attorney Charles Ware's Blog: MARYLAND LEAD PAINT DEFENSE ALERT: CA. LEAD CLEAN-...
Attorney Charles Ware's Blog: MARYLAND LEAD PAINT DEFENSE ALERT: CA. LEAD CLEAN-...: www.charlesjeromeware.com . Lead paint and lead poisoning defense litigation specialists. " We are here to make a difference. We fight;...
MARYLAND LEAD PAINT DEFENSE ALERT: CA. LEAD CLEAN-UP ORDER,www.charlesjeromeware.com
www.charlesjeromeware.com. Lead paint and lead poisoning defense litigation specialists. " We are here to make a difference. We fight; you win." (410) 720-6129; (410) 730-5016.
A California Superior Court judge in San Diego has ordered three(3) current or former lead paint-producing companies to pay $1.1 billion into a clean-up fund to help clean-up hazards from lead paint in hundreds of thousands of homes in the state of California.
The judge's decision in the 13-year old civil case, filed by 10 city and county governments in California, requires payments by defendants SHERWIN-WILLIAMS Co., NL INDUSTRIES, Inc., and CONAGRA Grocery products company. defendants DuPont Co. and Atlantic-Richfield Co. (owned by BP PLC) were dismissed from the case. Defendants have vowed to appeal the court's decision.
The judge has ordered the creation of a fund to achieve the goals of using the money to pay to remove lead-paint hazards from homes in Los Angeles County, San Francisco and other places whose local governments joined the legal action. The fund is to be administered by California's existing state Childhood Lead Poisoning Prevention Branch program.
[ "Lead-Paint Cleanup Ordered By Judge", The Wall Street Journal, page B1, Tuesday, December 17, 2013]
A California Superior Court judge in San Diego has ordered three(3) current or former lead paint-producing companies to pay $1.1 billion into a clean-up fund to help clean-up hazards from lead paint in hundreds of thousands of homes in the state of California.
The judge's decision in the 13-year old civil case, filed by 10 city and county governments in California, requires payments by defendants SHERWIN-WILLIAMS Co., NL INDUSTRIES, Inc., and CONAGRA Grocery products company. defendants DuPont Co. and Atlantic-Richfield Co. (owned by BP PLC) were dismissed from the case. Defendants have vowed to appeal the court's decision.
The judge has ordered the creation of a fund to achieve the goals of using the money to pay to remove lead-paint hazards from homes in Los Angeles County, San Francisco and other places whose local governments joined the legal action. The fund is to be administered by California's existing state Childhood Lead Poisoning Prevention Branch program.
[ "Lead-Paint Cleanup Ordered By Judge", The Wall Street Journal, page B1, Tuesday, December 17, 2013]
Friday, December 13, 2013
Attorney Charles Ware's Blog: SCOTUS DISMISSES "UNDER THE RADAR" UNION CASE: CHA...
Attorney Charles Ware's Blog: SCOTUS DISMISSES "UNDER THE RADAR" UNION CASE: CHA...: w ww.charlesjeromeware.com “We are here to make a difference; we fight, you win.” The U.S. Supreme Court won’t cons...
SCOTUS DISMISSES "UNDER THE RADAR" UNION CASE: CHARLES WARE"S UPDATE
www.charlesjeromeware.com “We are here to make a difference; we fight, you win.”
The U.S. Supreme Court won’t consider a case on the validity
of union-employer “neutrality agreements” after hearing oral arguments on November
13.
Salon had called Unite
Here Local 355 v. Mulhall an “under-the radar case that could deal a major
blow to already embattled U.S.
At issues is whether such agreements violate the Labor
Management Relations Act, which bars companies from paying money or “any other
thing of value” to a labor union trying to organize workers.
Justice Stephen G. Breyer dissented from the court’s
dismissal of the case as improvidently granted in an opinion on Tuesday joined
by Justices Sonia Sotomayor and Elena Kagan.
Breyer’s dissent acknowledges that the case could be moot,
either because the agreement at issue expired before a federal appeals court
issues a decision, or because the employee who challenged the agreement lacked
standing. He said the Supreme Court should have asked for additional briefing
on a third question: whether the federal law authorizes a private right of
action.
If the case was found to be moot, the court would likely vacate
the decision finding a labor violation by the Atlanta
Friday, December 6, 2013
Wednesday, December 4, 2013
Attorney Charles Ware's Blog: 1931" SCOTTSBORO BOYS": JUSTICE DENIED , BUT PARDO...
Attorney Charles Ware's Blog: 1931" SCOTTSBORO BOYS": JUSTICE DENIED , BUT PARDO...: www.charlesjeromeware.com . " We are here to make a difference. We fight, you win." For the unfortunate "Scottsboro Boys&qu...
1931" SCOTTSBORO BOYS": JUSTICE DENIED , BUT PARDON STILL SWEET ?
www.charlesjeromeware.com. " We are here to make a difference. We fight, you win."
For the unfortunate "Scottsboro Boys" Justice delayed is still denied, but at least to some people this delayed justice is still sweet.
Finally, from this unjust and tragic 1931 incident in which 9 young African- American males, ages ranging from 12 to 19, were maliciously and falsely accused of rape of two white females on a train in the northern Alabama area of Scottsboro, all 9 of the defendants have been posthumously vindicated.
" It has taken 82 years to clear the names of the Scottsboro Boys," said Sheila Washington, founder and director of the Scottsboro Boys Museum and Cultural Center. " And it happened today."
After considerable effort and lobbying by a consortium of law professors, lawyers, prosecutors, judges and others, a 3-person panel of the Alabama Board of Pardons and Paroles voted unanimously on Thursday, November 21st, 2013, to issue posthumous pardons to the remaining three Scottsboro Boys who had neither already received a pardon nor had their convictions dropped previously.
It must be cautioned, however, that the criminal justice system is still far from being colorblind.
Sadly and tragically, U. S. prisons are still packed with young black people who have been falsely accused of crimes. The chances today of being jailed for something you did not do are still much greater if your skin color is black or dark.
[ posthumous Pardons In 1931 Scottsboro Boys Rape Cases, CNN, 11-21-2013, by Tom Watkins and Marlena Baldacci]
For the unfortunate "Scottsboro Boys" Justice delayed is still denied, but at least to some people this delayed justice is still sweet.
Finally, from this unjust and tragic 1931 incident in which 9 young African- American males, ages ranging from 12 to 19, were maliciously and falsely accused of rape of two white females on a train in the northern Alabama area of Scottsboro, all 9 of the defendants have been posthumously vindicated.
" It has taken 82 years to clear the names of the Scottsboro Boys," said Sheila Washington, founder and director of the Scottsboro Boys Museum and Cultural Center. " And it happened today."
After considerable effort and lobbying by a consortium of law professors, lawyers, prosecutors, judges and others, a 3-person panel of the Alabama Board of Pardons and Paroles voted unanimously on Thursday, November 21st, 2013, to issue posthumous pardons to the remaining three Scottsboro Boys who had neither already received a pardon nor had their convictions dropped previously.
It must be cautioned, however, that the criminal justice system is still far from being colorblind.
Sadly and tragically, U. S. prisons are still packed with young black people who have been falsely accused of crimes. The chances today of being jailed for something you did not do are still much greater if your skin color is black or dark.
[ posthumous Pardons In 1931 Scottsboro Boys Rape Cases, CNN, 11-21-2013, by Tom Watkins and Marlena Baldacci]
Monday, November 25, 2013
Attorney Charles Ware's Blog: Ho. Co.,MARYLAND MEDICAL MALPRACTICE FOR DUMMIES,w...
Attorney Charles Ware's Blog: Ho. Co.,MARYLAND MEDICAL MALPRACTICE FOR DUMMIES,w...: www.charlesjeromeware.com . " Here to make a difference. We fight, you win. " In Maryland medical malpractice, also known as med...
Ho. Co.,MARYLAND MEDICAL MALPRACTICE FOR DUMMIES,www.charlesjeromeware.com
www.charlesjeromeware.com. " Here to make a difference. We fight, you win. "
In Maryland medical malpractice, also known as medical negligence, occurs as an act or omission of an act by a healthcare provider who is professionally negligent, and the care that was provided is not
of accepted standards in the medical community, and causes injury or death to a patient.
Medical malpractice is a form of tort law, and has been established to provide economic remedies to patients who have suffered at the hands of a healthcare provider, such as a doctor, nurse, dentist, pharmacist, aide, or even a hospital or other healthcare institution.
The "statute of limitations period" ( the time limit on how long you have to file a medical
malpractice civil lawsuit in Maryland) is 3 or 5 years, depending on when the injury is "discovered"). Md. Cts. & Jud. Proc. Code, Sec. 5-109. In other words , medical malpractice cases in Maryland must be brought within 5 years from the date of the act or omission giving rise to the injury, or within 3 years of its discovery, whichever period is shorter.
Medical malpractice law is a highly technical field of law, and these lawsuits tend to be strongly
defended by well-financed defense lawyers. These case can be exceptionally expensive to pursue.
Each year in the United States, about 200,000 people die as a result of medical malpractice. Several
hundred thousands of others are seriously injured because of errors made by surgeons, other doctors, nurses, chiropractors, podiatrists, and other healthcare providers in nursing homes, hospitals, assisted
living facilities, and other medical and residential care facilities.
The national law firm of Charles Jerome Ware, P.A., Attorneys & Counselors, has successfully
represented individuals against doctors, hospitals, nursing homes, and other medical and healthcare
providers since 1988. For an initial courtesy consultation, contact us at www.charlesjeromeware.com,
(410) 730-5016 or (410) 720-6129.
In Maryland medical malpractice, also known as medical negligence, occurs as an act or omission of an act by a healthcare provider who is professionally negligent, and the care that was provided is not
of accepted standards in the medical community, and causes injury or death to a patient.
Medical malpractice is a form of tort law, and has been established to provide economic remedies to patients who have suffered at the hands of a healthcare provider, such as a doctor, nurse, dentist, pharmacist, aide, or even a hospital or other healthcare institution.
The "statute of limitations period" ( the time limit on how long you have to file a medical
malpractice civil lawsuit in Maryland) is 3 or 5 years, depending on when the injury is "discovered"). Md. Cts. & Jud. Proc. Code, Sec. 5-109. In other words , medical malpractice cases in Maryland must be brought within 5 years from the date of the act or omission giving rise to the injury, or within 3 years of its discovery, whichever period is shorter.
Medical malpractice law is a highly technical field of law, and these lawsuits tend to be strongly
defended by well-financed defense lawyers. These case can be exceptionally expensive to pursue.
Each year in the United States, about 200,000 people die as a result of medical malpractice. Several
hundred thousands of others are seriously injured because of errors made by surgeons, other doctors, nurses, chiropractors, podiatrists, and other healthcare providers in nursing homes, hospitals, assisted
living facilities, and other medical and residential care facilities.
The national law firm of Charles Jerome Ware, P.A., Attorneys & Counselors, has successfully
represented individuals against doctors, hospitals, nursing homes, and other medical and healthcare
providers since 1988. For an initial courtesy consultation, contact us at www.charlesjeromeware.com,
(410) 730-5016 or (410) 720-6129.
Monday, November 18, 2013
Attorney Charles Ware's Blog: ATTY. CHARLES WARE'S "MULTI-BRAND FRANCHISING" TIP...
Attorney Charles Ware's Blog: ATTY. CHARLES WARE'S "MULTI-BRAND FRANCHISING" TIP...: www.charlesjeromeware.com . " Here to make a difference." Attorney Charles Jerome Ware is former special legal and microeconomi...
ATTY. CHARLES WARE'S "MULTI-BRAND FRANCHISING" TIPS, www.charlesjeromeware.com
www.charlesjeromeware.com. " Here to make a difference."
Attorney Charles Jerome Ware is former special legal and microeconomic counsel to the chairman of the United States Federal Trade Commission. He is currently the best-selling author of five nonfiction books as well as founder and managing partner of the highly-regarded national law firm: Charles Jerome Ware, P.A., Attorneys & Counselors, headquartered in Columbia, Howard County, Maryland. This blog is for information purposes only and does not create an attorney-client relationship with the reader or anyone else.
Multiple-brand franchising is not a new business concept, but its time has certainly come.
Diversification is the key word now in the thinking and strategy behind the rapid growth in multiple-brand franchising. No matter how good the Return On Investment ( ROI) may be
from a single brand, savvy franchise investors know it's not wise to put all their eggs in one basket. As multi-unit franchisees seek new avenues for growth, increasing numbers of them are adding 2nd, 3rd, and 4th concepts, and more to their franchise brand portfolios.
Their are many reasons, taken alone or together, that inspire multi-unit franchisees to become multi-brand operators:
1. Territory build-out. That is, to continue growth in their current geographic region.
2. To balance economic cycles.
3. To balance geographic or seasonal cycles.
4. To balance cash flow.
5. To balance " day section' business : for example, breakfast - lunch - dinner, etc.
6. To hedge against surprises.
7. For co-branding ; for efficiencies of scale and profit-boosting.
8. For infrastructure efficiencies.
9. For hiring and retention efficiencies.
10. For compatible corporate cultures.
11. For increased entrepreneurial spirit.
12. For synergistic reasons.
The reader must remember that new brands generally cannot be in competition with the franchisee's
existing brand. The franchisee should always check with his or her current franchisor(s), the franchise agreement(s), and a franchise attorney before pursuing new brands.
[See,www.franchising.com/howtofranchiseguide/multipleconcept_franchising_the_growing_allure_of_
_operating_several_brands.html; Chapter 14: " Franchising-Opportunities And Scams", Legal Consumer Tips And Secrets : Avoiding Debtors' Prison in the United States, by Attorney Charles Jerome Ware, iUniverse Press (2011), http://amzn.com/1462051847 ]
Attorney Charles Jerome Ware is former special legal and microeconomic counsel to the chairman of the United States Federal Trade Commission. He is currently the best-selling author of five nonfiction books as well as founder and managing partner of the highly-regarded national law firm: Charles Jerome Ware, P.A., Attorneys & Counselors, headquartered in Columbia, Howard County, Maryland. This blog is for information purposes only and does not create an attorney-client relationship with the reader or anyone else.
Multiple-brand franchising is not a new business concept, but its time has certainly come.
Diversification is the key word now in the thinking and strategy behind the rapid growth in multiple-brand franchising. No matter how good the Return On Investment ( ROI) may be
from a single brand, savvy franchise investors know it's not wise to put all their eggs in one basket. As multi-unit franchisees seek new avenues for growth, increasing numbers of them are adding 2nd, 3rd, and 4th concepts, and more to their franchise brand portfolios.
Their are many reasons, taken alone or together, that inspire multi-unit franchisees to become multi-brand operators:
1. Territory build-out. That is, to continue growth in their current geographic region.
2. To balance economic cycles.
3. To balance geographic or seasonal cycles.
4. To balance cash flow.
5. To balance " day section' business : for example, breakfast - lunch - dinner, etc.
6. To hedge against surprises.
7. For co-branding ; for efficiencies of scale and profit-boosting.
8. For infrastructure efficiencies.
9. For hiring and retention efficiencies.
10. For compatible corporate cultures.
11. For increased entrepreneurial spirit.
12. For synergistic reasons.
The reader must remember that new brands generally cannot be in competition with the franchisee's
existing brand. The franchisee should always check with his or her current franchisor(s), the franchise agreement(s), and a franchise attorney before pursuing new brands.
[See,www.franchising.com/howtofranchiseguide/multipleconcept_franchising_the_growing_allure_of_
_operating_several_brands.html; Chapter 14: " Franchising-Opportunities And Scams", Legal Consumer Tips And Secrets : Avoiding Debtors' Prison in the United States, by Attorney Charles Jerome Ware, iUniverse Press (2011), http://amzn.com/1462051847 ]
Thursday, November 14, 2013
Attorney Charles Ware's Blog: UNION "NEUTRALITY AGREEMENTS" vs. BRIBERY : Unite ...
Attorney Charles Ware's Blog: UNION "NEUTRALITY AGREEMENTS" vs. BRIBERY : Unite ...: www.charlesjeromeware.com . " Here to make a difference." On Wednesday, November 13, 2013, the Supreme Court of the United Stat...
UNION "NEUTRALITY AGREEMENTS" vs. BRIBERY : Unite Here Local 355 vs. Mulhall, [SCOTUS]
www.charlesjeromeware.com. " Here to make a difference."
On Wednesday, November 13, 2013, the Supreme Court of the United States (SCOTUS) con-
sidered whether so-called "neutrality agreements" between labor unions and employers violate
federal labor laws.
The key issue in the case [ Unite Here Local 355 vs. Mulhall, SCOTUS Docket No. 12-312,
11th Circuit] , then, is: Whether intangible things can be "deliver[ed]" under Section 302(a) (2) of the Labor Management Relations Act, which makes it unlawful for employers "to pay, lend, or deliver, any money or thing of value ... to any labor organization." 29 U.S.C. Section 186(a)(2).
Operationally, under the " neutrality agreements" businesses help labor unions in organization efforts in exchange for labor peace. For example: An employer might grant access to employee lists or agree to remain neutral in exchange for union concessions, such as giving up the right to organize workers.
In the instant case before the Court, a Florida greyhound track and casino agreed to allow labor union access to worker information as well as casino grounds, and to allow a unionization vote by cards collected from workers, rather than a secret ballot. The union, in exchange, agreed to spend $ 100,000 in support of a gambling referendum and to refrain from picketing during the union drive.
The case is particularly relevant to the hospitality industry, where these types of arrangements are common.
On Wednesday, November 13, 2013, the Supreme Court of the United States (SCOTUS) con-
sidered whether so-called "neutrality agreements" between labor unions and employers violate
federal labor laws.
The key issue in the case [ Unite Here Local 355 vs. Mulhall, SCOTUS Docket No. 12-312,
11th Circuit] , then, is: Whether intangible things can be "deliver[ed]" under Section 302(a) (2) of the Labor Management Relations Act, which makes it unlawful for employers "to pay, lend, or deliver, any money or thing of value ... to any labor organization." 29 U.S.C. Section 186(a)(2).
Operationally, under the " neutrality agreements" businesses help labor unions in organization efforts in exchange for labor peace. For example: An employer might grant access to employee lists or agree to remain neutral in exchange for union concessions, such as giving up the right to organize workers.
In the instant case before the Court, a Florida greyhound track and casino agreed to allow labor union access to worker information as well as casino grounds, and to allow a unionization vote by cards collected from workers, rather than a secret ballot. The union, in exchange, agreed to spend $ 100,000 in support of a gambling referendum and to refrain from picketing during the union drive.
The case is particularly relevant to the hospitality industry, where these types of arrangements are common.
Attorney Charles Ware's Blog: CHARLES WARE'S SCOTUS UPDATE: FAIR HOUSING CASE SE...
Attorney Charles Ware's Blog: CHARLES WARE'S SCOTUS UPDATE: FAIR HOUSING CASE SE...: www.charlesjeromeware.com . We are " here to make a difference." Less than a month before its scheduled December 4th, 2013 heari...
CHARLES WARE'S SCOTUS UPDATE: FAIR HOUSING CASE SETTLES
www.charlesjeromeware.com. We are " here to make a difference."
Less than a month before its scheduled December 4th, 2013 hearing in the Supreme Court of the United States ( SCOTUS ), the Fair Housing Act of 1968 New Jersey case of Mount Holly vs. Mount Holly Gardens Citizens in Action has settled. This is the second time in recent months that SCOTUS will miss an opportunity to decide a significant issue of civil rights law. In this case --- the scope of the federal law against racial discrimination in home sales and rentals. Under the terms of the New Jersey settlement the two sides will withdraw their case in the Supreme Court --- an automatic result when a case settles [SCOTUS Docket no. 11-1507, 3d Circuit, October Term 2013].
At issue in the case, granted review by the Court in June 2013, is whether the Fair Housing Act of 1968 outlaws official housing policies that are not the result of intentional racial or other bias, but rather have a negative impact on minorities or others protected by the law. SCOTUS had agreed two years ago, for
the first time, to decide that issue in a case from St, Paul, Minnesota but that case ended in a settlement, as well.
[Credit to http://www.scotusblog.com/2013/11/13/new-fair-housing-case-settled ]
Less than a month before its scheduled December 4th, 2013 hearing in the Supreme Court of the United States ( SCOTUS ), the Fair Housing Act of 1968 New Jersey case of Mount Holly vs. Mount Holly Gardens Citizens in Action has settled. This is the second time in recent months that SCOTUS will miss an opportunity to decide a significant issue of civil rights law. In this case --- the scope of the federal law against racial discrimination in home sales and rentals. Under the terms of the New Jersey settlement the two sides will withdraw their case in the Supreme Court --- an automatic result when a case settles [SCOTUS Docket no. 11-1507, 3d Circuit, October Term 2013].
At issue in the case, granted review by the Court in June 2013, is whether the Fair Housing Act of 1968 outlaws official housing policies that are not the result of intentional racial or other bias, but rather have a negative impact on minorities or others protected by the law. SCOTUS had agreed two years ago, for
the first time, to decide that issue in a case from St, Paul, Minnesota but that case ended in a settlement, as well.
[Credit to http://www.scotusblog.com/2013/11/13/new-fair-housing-case-settled ]
Tuesday, November 5, 2013
Attorney Charles Ware's Blog: "BRINGING HOME THE BACON--LEGAL SETTLEMENTS IN HOW...
Attorney Charles Ware's Blog: "BRINGING HOME THE BACON--LEGAL SETTLEMENTS IN HOW...: This brief excerpt from a very popular article written by renowned attorney and author Charles Jerome Ware is taken from the 1990s Archive...
"BRINGING HOME THE BACON--LEGAL SETTLEMENTS IN HOWARD COUNTY (MARYLAND)
This brief excerpt from a very popular article written by renowned attorney and author Charles Jerome Ware is taken from the 1990s Archives of THE (MARYLAND)BUSINESS MONTHLY :
The Business Newspaper Of Howard County, Columbia & Laurel (Maryland). The original article was titled " BRINGING HOME THE BACON -- LEGAL SETTLEMENTS IN HOWARD", and its focus was to highlight some of the Howard County attorneys in the 1990s who had, up to that point, won large ( six or seven figures) civil verdicts and/or acquired large money settlements in civil
cases. The list was impressive for what was at that time in the history (1990s) of the Howard County
Bar a relatively very small group of lawyers.
At the time of writing and publishing the article in The (Maryland) Business Monthly, author and attorney Charles Ware had identified through various sources in Howard County the following attorneys who had won and/or settled six or seven-figure civil cases: Joel Marc Abramson, Neil
Edward Axel (who later became a local District Court judge), Daniel Clements, James K Eagan,III,
Alan L. Fishbein, Richard Kinlein, Timothy McCrone ( who later became the local State's Attorney, and is now a Circuit Court judge), Thomas M. Meachum, Gary Peklo, Bruce Plaxen Jason Shapiro, Jonathan Scott Smith, and Charles Jerome Ware.
The article includes some interesting and entertaining background stories about the various cases.
[ Charles Jerome Ware is a nationally renowned and celebrated attorney and author who maintains
a private practice of law which is headquartered in Columbia, Howard County, Maryland. He and
his colleagues in the " boutique" practice--- Charles Jerome Ware, P.A., Attorneys & Counselors---
successfully prosecute wrongful death , medical malpractice, and other personal injury cases, provide civil defense in lead paint poisoning cases, provide criminal defense representation as well as legal representation in discrimination, employment, divorce and other family law issues, immigration, estates and trusts, elder law, intellectual property, general civil litigation, and entertainment law. For an initial courtesy consultation, contact Charles Ware at www.charlesjeromeware.com, (410) 730-5016, or (410) 720-6129.
The Business Newspaper Of Howard County, Columbia & Laurel (Maryland). The original article was titled " BRINGING HOME THE BACON -- LEGAL SETTLEMENTS IN HOWARD", and its focus was to highlight some of the Howard County attorneys in the 1990s who had, up to that point, won large ( six or seven figures) civil verdicts and/or acquired large money settlements in civil
cases. The list was impressive for what was at that time in the history (1990s) of the Howard County
Bar a relatively very small group of lawyers.
At the time of writing and publishing the article in The (Maryland) Business Monthly, author and attorney Charles Ware had identified through various sources in Howard County the following attorneys who had won and/or settled six or seven-figure civil cases: Joel Marc Abramson, Neil
Edward Axel (who later became a local District Court judge), Daniel Clements, James K Eagan,III,
Alan L. Fishbein, Richard Kinlein, Timothy McCrone ( who later became the local State's Attorney, and is now a Circuit Court judge), Thomas M. Meachum, Gary Peklo, Bruce Plaxen Jason Shapiro, Jonathan Scott Smith, and Charles Jerome Ware.
The article includes some interesting and entertaining background stories about the various cases.
[ Charles Jerome Ware is a nationally renowned and celebrated attorney and author who maintains
a private practice of law which is headquartered in Columbia, Howard County, Maryland. He and
his colleagues in the " boutique" practice--- Charles Jerome Ware, P.A., Attorneys & Counselors---
successfully prosecute wrongful death , medical malpractice, and other personal injury cases, provide civil defense in lead paint poisoning cases, provide criminal defense representation as well as legal representation in discrimination, employment, divorce and other family law issues, immigration, estates and trusts, elder law, intellectual property, general civil litigation, and entertainment law. For an initial courtesy consultation, contact Charles Ware at www.charlesjeromeware.com, (410) 730-5016, or (410) 720-6129.
Sunday, November 3, 2013
Attorney Charles Ware's CHURCH LAW UPDATE: 12 CHURCH LEGAL RISKS
Charles Jerome Ware, P.A., Attorneys and Counselors, is a nationally renowned and highly respected " boutique" law firm which specializes in certain areas of law that include CHURCH LAW. The firm is conveniently headquartered in the Baltimore - Washington metropolitan area.
For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
12 LEGAL RISKS FACING CHURCHES AND OTHER RELIGIOUS INSTITUTIONS :
1. Protect the children. Do more to watch and protect children than simply colloquially putting them in " God's Hands." Know well the people who work with them.
2. Protect the money. This is generally the biggest secular problem in religious institutions.
Be sure to engage a transparent financial accounting system.
3. Negligent Selection of Church Workers. Use similar or the same proven hiring practices for church workers as you would for secular institutional workers.
4. Negligent Training and Retention of Church Staff. Competent training and retention of workers is critical for the success, viability and longevity of the institution. As in any other business.
5. Negligent Supervision of Church Staff and Activities. Most lawsuits against churches originate from mistakes made in this area of negligent supervision.
6. Negligent Counseling. A very sensitive area. And quite subjective. But full of pitfalls and mine fields for the unwary. Extreme attention should be brought here to proper training of all counselors.
7. Child Abuse Reporting. The Catholic Church is still reeling from its incompetence and negligence in this important area. So is Penn State University. The answer : Report all child abuse through the proper channels.
8.Securities Laws Violations. Securities law violations represent the second highest source of damages in civil litigation involving churches. Church leaders should not consider securities as a means of raising funds without the counsel of a securities attorney.
9. Employment Law. Despite the " ministerial" waivers and exemptions provided in the law
to protect religious institutions from certain employee grievances, churches and other religious insti-
tutions can still face exposure from various employment practices such as wrongful termination and discrimination. Churches should consult competent counsel regarding employment dismissal issues.
10. Undue Influence. Church leaders should always be cognizant of the fact that a sizeable gift or donation to a church may be challenged by the donor's family or other relatives if they believe the church or other religious institution has exerted undue influence on the donor.
11. Personal Liability of Church Board Members. Always remember, and never forget, that churches and other religious institutions, and their board members, can be sued . Therefore, it is important that religious institutions and their board members carry liability insurance ( frequently called " errors and omissions " insurance.
12. Punitive Damages. Church leaders must be cognizant of and understand that reckless inattention to risks can lead to punitive damages (punishment damages), and that such damages are generally not covered by the church's liability insurance policy.
For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
12 LEGAL RISKS FACING CHURCHES AND OTHER RELIGIOUS INSTITUTIONS :
1. Protect the children. Do more to watch and protect children than simply colloquially putting them in " God's Hands." Know well the people who work with them.
2. Protect the money. This is generally the biggest secular problem in religious institutions.
Be sure to engage a transparent financial accounting system.
3. Negligent Selection of Church Workers. Use similar or the same proven hiring practices for church workers as you would for secular institutional workers.
4. Negligent Training and Retention of Church Staff. Competent training and retention of workers is critical for the success, viability and longevity of the institution. As in any other business.
5. Negligent Supervision of Church Staff and Activities. Most lawsuits against churches originate from mistakes made in this area of negligent supervision.
6. Negligent Counseling. A very sensitive area. And quite subjective. But full of pitfalls and mine fields for the unwary. Extreme attention should be brought here to proper training of all counselors.
7. Child Abuse Reporting. The Catholic Church is still reeling from its incompetence and negligence in this important area. So is Penn State University. The answer : Report all child abuse through the proper channels.
8.Securities Laws Violations. Securities law violations represent the second highest source of damages in civil litigation involving churches. Church leaders should not consider securities as a means of raising funds without the counsel of a securities attorney.
9. Employment Law. Despite the " ministerial" waivers and exemptions provided in the law
to protect religious institutions from certain employee grievances, churches and other religious insti-
tutions can still face exposure from various employment practices such as wrongful termination and discrimination. Churches should consult competent counsel regarding employment dismissal issues.
10. Undue Influence. Church leaders should always be cognizant of the fact that a sizeable gift or donation to a church may be challenged by the donor's family or other relatives if they believe the church or other religious institution has exerted undue influence on the donor.
11. Personal Liability of Church Board Members. Always remember, and never forget, that churches and other religious institutions, and their board members, can be sued . Therefore, it is important that religious institutions and their board members carry liability insurance ( frequently called " errors and omissions " insurance.
12. Punitive Damages. Church leaders must be cognizant of and understand that reckless inattention to risks can lead to punitive damages (punishment damages), and that such damages are generally not covered by the church's liability insurance policy.
Friday, November 1, 2013
Attorney Charles Ware's Blog: ALPHA(AGGRESSIVE) DRIVERS KILL : MARYLAND CAR DEAT...
Attorney Charles Ware's Blog: ALPHA(AGGRESSIVE) DRIVERS KILL : MARYLAND CAR DEAT...: Charles Jerome Ware, P.A., Attorneys and Counselors, is a premiere wrongful death law firm with an enviably successful record in pursuing ...
ALPHA(AGGRESSIVE) DRIVERS KILL : MARYLAND CAR DEATH ATTORNEYS, www.charlesjeromeware.com
Charles Jerome Ware, P.A., Attorneys and Counselors, is a premiere wrongful death law firm
with an enviably successful record in pursuing wrongful car death cases in Maryland and Washington, D. C. This nationally renowned and respected firm is conveniently headquartered
in the Baltimore and D. C. metropolitan area. For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
The biggest problem with aggressive driving is that it kills.
Car crashes are the leading cause of accidental death and injury in the Maryland, the District of Columbia, and indeed the United States; and the leading cause of all deaths among young people.
Alpha(Aggressive) driving is responsible for a significant proportion of all car crashes. In fact, aggressive drivers kill two to four times more people than drunken drivers. Alpha(Aggressive)
driving creates an atmosphere of incivility on the roads,, heightening driving anxiety and triggering more driving anger.
Two-thirds of traffic fatalities involve behaviors commonly associated with alpha(aggressive) driving --- such as speeding, running red lights, and improperly changing lanes. One-third of all traffic injuries result from alpha(aggressive) driving. Speeding, a common element in aggressive
driving, contributes to about one-third of fatal crashes.
Several studies have shown that between 20% and 35% of drivers have honked their horns, yelled or screamed, obscenely gestured, and cursed at other drivers. Estimates indicate that from 6 % to 28% of drivers have tailgated or blocked other drivers' vehicles. All of these behaviors can be considered part of a pattern or practice of acts that constitute alpha(aggressive) driving. Further, these behaviors can also provoke anger that could lead to alpha(aggressive) driving in others.
[http://www.popcenter.org/problems/aggressive_driving]
Tuesday, October 29, 2013
Attorney Charles Ware's Blog: COL.,HO. CO.,MD. : AVOIDING THE CRIM. CONVICTION "...
Attorney Charles Ware's Blog: COL.,HO. CO.,MD. : AVOIDING THE CRIM. CONVICTION "...: Charles Jerome Ware., P.A., Attorneys & Counselors, is headquartered in Columbia, Howard County, Maryland, and it is rated as "outs...
COL.,HO. CO.,MD. : AVOIDING THE CRIM. CONVICTION "DOMINO EFFECT"
Charles Jerome Ware., P.A., Attorneys & Counselors, is headquartered in Columbia, Howard County, Maryland, and it is rated as "outstanding" in the area of criminal defense. The firm's founder and managing partner is renowned , respected, and well-known to be "MENSA-smart"
when it comes to legal issues and problems. For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 720-6129, (410) 730-5016.
This law firm is quite adept at preventing and mitigating the " domino effect" of criminal convictions. If convicted, the issues affecting defendants do not end with sentencing. Far from it. The post-criminal conviction world in the United States presents complex challenges with consequences and ramifications which may be even more traumatic for the defendant than the actual conviction and sentence.
Long -term documented and undocumented immigrants, for example, may be torn from their families and deported from the country. Convicted sex offenders may face embarrassing and burdensome registration requirements, residence restrictions, supervised and unsupervised monitoring, and other supervision programs lasting well beyond the completion of the criminal sentence. And, despite all the difficulties facing a convicted felon attempting to re-enter society, the government exacerbates the problems for a defendant by seeking the remaining property of the convicted person.
At Charles Jerome Ware, P.A., we discuss with our clients all of these issues. We fight, you win.
when it comes to legal issues and problems. For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 720-6129, (410) 730-5016.
This law firm is quite adept at preventing and mitigating the " domino effect" of criminal convictions. If convicted, the issues affecting defendants do not end with sentencing. Far from it. The post-criminal conviction world in the United States presents complex challenges with consequences and ramifications which may be even more traumatic for the defendant than the actual conviction and sentence.
Long -term documented and undocumented immigrants, for example, may be torn from their families and deported from the country. Convicted sex offenders may face embarrassing and burdensome registration requirements, residence restrictions, supervised and unsupervised monitoring, and other supervision programs lasting well beyond the completion of the criminal sentence. And, despite all the difficulties facing a convicted felon attempting to re-enter society, the government exacerbates the problems for a defendant by seeking the remaining property of the convicted person.
At Charles Jerome Ware, P.A., we discuss with our clients all of these issues. We fight, you win.
Monday, October 28, 2013
Attorney Charles Ware's Blog: CHARLES J. WARE: AUTHOR & ATTORNEY FEATURED AT BOO...
Attorney Charles Ware's Blog: CHARLES J. WARE: AUTHOR & ATTORNEY FEATURED AT BOO...: www.charlesjeromeware.com Five (5) best-selling books of Author and Attorney Charles Jerome Ware were featured at the 2013 Southern Festi...
CHARLES J. WARE: AUTHOR & ATTORNEY FEATURED AT BOOK FESTIVAL
www.charlesjeromeware.com
Five (5) best-selling books of Author and Attorney Charles Jerome Ware were featured at the
2013 Southern Festival of Books in September 2013 [C-SPAN2 BOOKTV,September 20, 2013].
Five (5) best-selling books of Author and Attorney Charles Jerome Ware were featured at the
2013 Southern Festival of Books in September 2013 [C-SPAN2 BOOKTV,September 20, 2013].
Saturday, October 26, 2013
Attorney Charles Ware's Blog: MARYLAND & D.C. NURSING HOME ABUSE: MORE CAN BE DO...
Attorney Charles Ware's Blog: MARYLAND & D.C. NURSING HOME ABUSE: MORE CAN BE DO...: The national law firm of Charles Jerome Ware, P.A., Attorneys & Counselors, is respected and well-known to be a premier, award-winning, ...
MARYLAND & D.C. NURSING HOME ABUSE: MORE CAN BE DONE,www.charlesjeromeware.com
The national law firm of Charles Jerome Ware, P.A., Attorneys & Counselors, is respected and well-known to be a premier, award-winning, nursing home abuse and wrongful death law firm in the Maryland and Washington, D.C. metropolitan area. For an initial courtesy consultation , kindly contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
NURSING HOMES : MORE CAN BE DONE TO PROTECT RESIDENTS FROM ABUSE
More than 1.6 million Americans live in our nation's 17,000 nursing homes; most of them being
elderly, frail, and vulnerable individuals who are likely to live out the remainder of their lives there. This is a highly vulnerable population. These individuals typically require extensive help with daily living, such as getting dressed, feeding themselves, and bathing. Many require skilled nursing and/or rehabilitative care.
In recent years, reports of inadequate care, including malnutrition, dehydration, and other forms of neglect, have led to mounting scrutiny from Maryland state, D.C., and Federal authorities, which share responsibility for overseeing the these jurisdictions' nursing homes.
The quality of care in U.S. nursing homes has been a recurrent matter of public concern and policy attention for more than 30 years. A complex regulatory system of state licensing and federal certification is in place, but problems of poor quality, neglect and abuse of patients still appear to be endemic. That's where we --- the national law firm of Charles Jerome Ware, P.A.-- come into action. We are "here to make a difference" for our clients. We fight, you win.
[GAO-13-433T, GAO's 2013 High-Risk Update: Medicare and Medicaid, 02/27/2013; www.gao.gov/products/GAO-02-312; and see, Nursing Home Litigation: Investigation and case Preparation, 2005]
NURSING HOMES : MORE CAN BE DONE TO PROTECT RESIDENTS FROM ABUSE
More than 1.6 million Americans live in our nation's 17,000 nursing homes; most of them being
elderly, frail, and vulnerable individuals who are likely to live out the remainder of their lives there. This is a highly vulnerable population. These individuals typically require extensive help with daily living, such as getting dressed, feeding themselves, and bathing. Many require skilled nursing and/or rehabilitative care.
In recent years, reports of inadequate care, including malnutrition, dehydration, and other forms of neglect, have led to mounting scrutiny from Maryland state, D.C., and Federal authorities, which share responsibility for overseeing the these jurisdictions' nursing homes.
The quality of care in U.S. nursing homes has been a recurrent matter of public concern and policy attention for more than 30 years. A complex regulatory system of state licensing and federal certification is in place, but problems of poor quality, neglect and abuse of patients still appear to be endemic. That's where we --- the national law firm of Charles Jerome Ware, P.A.-- come into action. We are "here to make a difference" for our clients. We fight, you win.
[GAO-13-433T, GAO's 2013 High-Risk Update: Medicare and Medicaid, 02/27/2013; www.gao.gov/products/GAO-02-312; and see, Nursing Home Litigation: Investigation and case Preparation, 2005]
Friday, October 25, 2013
Attorney Charles Ware's Blog: FAMILY SURVIVAL OF WRONGFUL DEATH IN MARYLAND AND ...
Attorney Charles Ware's Blog: FAMILY SURVIVAL OF WRONGFUL DEATH IN MARYLAND AND ...: The national law firm of Charles Jerome Ware, P.A., Attorneys and Counselors, is renowned and acknowledged as one of Maryland and D.C.'s...
FAMILY SURVIVAL OF WRONGFUL DEATH IN MARYLAND AND D.C.,www.charlesjeromeware.com
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counselors, is renowned and acknowledged as one of Maryland and D.C.'s premier wrongful death firms. For an initial courtesy
consultation, you are encouraged to contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
When a person dies or is killed due to the negligence or misconduct of another person, including the act of murder, the surviving members of the victim's family may sue civilly for " wrongful death." Many, but certainly not all, wrongful death lawsuits follow in the wake of criminal trials, using similar evidence but with a lower standard of proof. The standard of proof for a civil lawsuit is proof by a preponderance of the evidence. The standard of proof for a criminal prosecution is proof beyond a reasonable doubt.
A lawsuit for wrongful death may only be brought by the personal representative of the deceased person's estate [ see, Osborne, Pers. Rep. for the Estate of Durand Ford, Sr., Et Al. vs. The District of Columbia, Civil Case No. 2013 CA 004488 B, D.C. Superior Court (2013)].
In Maryland the wrongful death claim is provided by Maryland statute, Md. Code Ann., Cts. & Jud. Proc., Title 3, Subtitle 9.
In D.C. wrongful death lawsuits are brought by the personal representative of the decedent's estate. The true parties are the surviving spouse and the next of kin. For more information, do not hesitate to give us a call. Losing a family member can be emotionally devastating. Let us help you survive the ordeal. We are "here to make a difference."
[http://injury.findlaw.com/torts-and-personal-injuries/wrongful-death-overview.html]
consultation, you are encouraged to contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
When a person dies or is killed due to the negligence or misconduct of another person, including the act of murder, the surviving members of the victim's family may sue civilly for " wrongful death." Many, but certainly not all, wrongful death lawsuits follow in the wake of criminal trials, using similar evidence but with a lower standard of proof. The standard of proof for a civil lawsuit is proof by a preponderance of the evidence. The standard of proof for a criminal prosecution is proof beyond a reasonable doubt.
A lawsuit for wrongful death may only be brought by the personal representative of the deceased person's estate [ see, Osborne, Pers. Rep. for the Estate of Durand Ford, Sr., Et Al. vs. The District of Columbia, Civil Case No. 2013 CA 004488 B, D.C. Superior Court (2013)].
In Maryland the wrongful death claim is provided by Maryland statute, Md. Code Ann., Cts. & Jud. Proc., Title 3, Subtitle 9.
In D.C. wrongful death lawsuits are brought by the personal representative of the decedent's estate. The true parties are the surviving spouse and the next of kin. For more information, do not hesitate to give us a call. Losing a family member can be emotionally devastating. Let us help you survive the ordeal. We are "here to make a difference."
[http://injury.findlaw.com/torts-and-personal-injuries/wrongful-death-overview.html]
Monday, October 21, 2013
LEADERSHIP HOWARD COUNTY, MARYLAND : CHARLES JEROME WARE (Founding 1986 Class)
www.charlesjeromeware.com
Best-selling author and renowned attorney Charles Jerome Ware is an original member
of the first class (1986) of Leadership Howard County.
Best-selling author and renowned attorney Charles Jerome Ware is an original member
of the first class (1986) of Leadership Howard County.
Saturday, October 19, 2013
Attorney Charles Ware's Blog: THE "ASYLUM LOOPHOLE" FOR UNDOCUMENTED ALIENS, www...
Attorney Charles Ware's Blog: THE "ASYLUM LOOPHOLE" FOR UNDOCUMENTED ALIENS, www...: Thursday, October 17th, 2013. www.charlesjeromeware.com MORE UNDOCUMENTED IMMIGRANTS ARE ASKING FOR ASYLUM. Increasingly --- particul...
THE "ASYLUM LOOPHOLE" FOR UNDOCUMENTED ALIENS, www.charlesjeromeware.com
Thursday, October 17th, 2013. www.charlesjeromeware.com
MORE UNDOCUMENTED IMMIGRANTS ARE ASKING FOR ASYLUM.
Increasingly --- particularly in the Southwest states of Texas, Arizona, California and Nevada ---
the trend is for detained undocumented immigrants to file for asylum with immigration authorities
when they are captured by the U.S. Border Patrol.
This " asylum loophole" trend was predicted and discussed in Chapter 9 ("Getting Asylum") of the best-selling immigration book, THE IMMIGRATION PARADOX : 15 Tips for Winning Immigration Cases, in 2009, by former immigration judge (IJ), author and attorney Charles Jerome Ware :
" ... Either way, whether ' affirmative' or ' defensive', an alien or immigrant may apply for Asylum regardless of his or her immigration status; in other words, whether they are in the United States lawfully or unlawfully ...."
MORE UNDOCUMENTED IMMIGRANTS ARE ASKING FOR ASYLUM.
Increasingly --- particularly in the Southwest states of Texas, Arizona, California and Nevada ---
the trend is for detained undocumented immigrants to file for asylum with immigration authorities
when they are captured by the U.S. Border Patrol.
This " asylum loophole" trend was predicted and discussed in Chapter 9 ("Getting Asylum") of the best-selling immigration book, THE IMMIGRATION PARADOX : 15 Tips for Winning Immigration Cases, in 2009, by former immigration judge (IJ), author and attorney Charles Jerome Ware :
" ... Either way, whether ' affirmative' or ' defensive', an alien or immigrant may apply for Asylum regardless of his or her immigration status; in other words, whether they are in the United States lawfully or unlawfully ...."
Thursday, October 17, 2013
Attorney Charles Ware's Blog: LEGAL REPRESENTATION FOR THE CELEBRITY CLIENT, www...
Attorney Charles Ware's Blog: LEGAL REPRESENTATION FOR THE CELEBRITY CLIENT, www...: www.charlesjeromeware.com Chapter 21: " Representing the Celebrity Client", from the best-selling book by renowned attorney an...
LEGAL REPRESENTATION FOR THE CELEBRITY CLIENT, www.charlesjeromeware.com
www.charlesjeromeware.com
Chapter 21: " Representing the Celebrity Client", from the best-selling book by renowned attorney and author, Charles Jerome Ware : UNDERSTANDING THE LAW: A PRIMER, http://amzn.com/1440111456.
"... When it comes to celebrities and the justice system, both civil and criminal, the differences
between the advantages of fame and the disadvantages of fame can be stark ... I have had the fortune and misfortune, pleasure and agony, opportunity and experience of representing several celebrities during my more than 30 years in the business ( including actors, icons, athletes, officials, et al.) ...
All of them have blessed me with wonderful legal challenges to deal with...."
One potential advantage of being a celebrity plaintiff or defendant is access to the media or press.
A so-called regular or ordinary person in an unspectacular case will usually not have the option of doing a favorable media interview, if allowed or permitted to do so by legal counsel, that could sway the jury.
There are disadvantages to being a celebrity plaintiff or defendant, as well. For example, celebrities never really escape the fact that they have a public image. This image can be easily tarnished.
All too often, repugnant false charges brought to extort money out of a celebrity may be more likely to be filed when similar charges have been previously filed against the celebrity.
Chapter 21: " Representing the Celebrity Client", from the best-selling book by renowned attorney and author, Charles Jerome Ware : UNDERSTANDING THE LAW: A PRIMER, http://amzn.com/1440111456.
"... When it comes to celebrities and the justice system, both civil and criminal, the differences
between the advantages of fame and the disadvantages of fame can be stark ... I have had the fortune and misfortune, pleasure and agony, opportunity and experience of representing several celebrities during my more than 30 years in the business ( including actors, icons, athletes, officials, et al.) ...
All of them have blessed me with wonderful legal challenges to deal with...."
One potential advantage of being a celebrity plaintiff or defendant is access to the media or press.
A so-called regular or ordinary person in an unspectacular case will usually not have the option of doing a favorable media interview, if allowed or permitted to do so by legal counsel, that could sway the jury.
There are disadvantages to being a celebrity plaintiff or defendant, as well. For example, celebrities never really escape the fact that they have a public image. This image can be easily tarnished.
All too often, repugnant false charges brought to extort money out of a celebrity may be more likely to be filed when similar charges have been previously filed against the celebrity.
Tuesday, October 15, 2013
Attorney Charles Ware's Blog: "THE ROLE OF THE LAW", FROM CHAP. 1 : UNDERSTANDIN...
Attorney Charles Ware's Blog: "THE ROLE OF THE LAW", FROM CHAP. 1 : UNDERSTANDIN...: The role of the law in each country varies slightly but the ultimate goal, I contend, is the same in every country ; and that is to avoid a...
"THE ROLE OF THE LAW", FROM CHAP. 1 : UNDERSTANDING THE LAW : A PRIMER, amzn.com/1440111456
The role of the law in each country varies slightly but the ultimate goal, I contend, is the same in every country ; and that is to avoid anarchy. When traveling abroad, remember the humor of the 5 nations:
1. In the USA everything that is not prohibited by law is permitted.
2. In Germany, everything that is not permitted by law is prohibited.
3. In Russia, everything is prohibited, even if permitted by law.
4.In France, everything is permitted, even if prohibited by law.
5. In Switzerland, everything that is not prohibited by law is obligatory.
[ www.charlesjeromeware.com]
Sunday, October 13, 2013
Attorney Charles Ware's Blog: D. C. " PUBLIC DUTY DOCTRINE ": A BRIEF BY ATTORN...
Attorney Charles Ware's Blog: D. C. " PUBLIC DUTY DOCTRINE ": A BRIEF BY ATTORN...: www.charlesjeromeware.com . Attorney Charles Jerome Ware is founder and senior partner of the national law firm of Charles Jerome Ware, P....
D. C. " PUBLIC DUTY DOCTRINE ": A BRIEF BY ATTORNEY CHARLES WARE
www.charlesjeromeware.com. Attorney Charles Jerome Ware is founder and senior partner of the national law firm of Charles Jerome Ware, P. A., Attorneys and Counselors. The firm is renowned and well-respected , and it is conveniently located in the Baltimore - Washington, D. C. area. For an initial courtesy consultation, contact us at (410) 730-5016 or (410) 720-6129, or www.charlesjeromeware.com. Charles Ware is also a best-selling author of several books.
Two recent (2013) civil cases shed current light on the issue of the District of Columbia's " public
duty doctrine": Christine Osborne, et al. vs. District of Columbia, C.A. No. 2013 CA 004488 B, Superior
Court of the District of Columbia [ Decided 09/23/2013], and Woods vs. District of Columbia, No.
11-CV-1011, D.C. Court of Appeals [ Decided 03/28/2013]. In both cases the D.C. public duty doctrine prevailed and the cases were dismissed.
PUBLIC DUTY DOCTRINE
In a nutshell, under the public duty doctrine, the " District [of Columbia] has no duty to provide public services to any particular citizen" unless there is a " special relationship" between the emergency personnel --- police officers, firefighters, and EMTs --- and an individual. Allison Gas
Turbine Division of General Motors Corporation v. District of Columbia, 642 A.2d 841, 843 ( D.C. 1994).
The " general duty owed to the public may become a specific duty owed to an individual if the [ emergency personnel] and the individual are in a special relationship different from that existing between [ emergency personnel] and citizens generally." Warren v. District of Columbia, 444 A.2d 1,
3,4 ( D.C. 1981) ( en banc). That determination is made by applying the now-familiar 2-part test,
which holds that a special relationship is formed where there is (1) "direct contact or some other form of privity between the victim and the [ emergency personnel] so that the victim becomes a reasonably foreseeable plaintiff" and (2) specific assurances of [emergency] services that create justifiable reliance by the victim." Id at 11; also see, Powell v. District of Columbia, 602 A. 2d 1123 (D.C. 1992); and, Klahr v. District of Columbia, 576 A. 2d. 718, 719 ( D.C. 1990).
Two recent (2013) civil cases shed current light on the issue of the District of Columbia's " public
duty doctrine": Christine Osborne, et al. vs. District of Columbia, C.A. No. 2013 CA 004488 B, Superior
Court of the District of Columbia [ Decided 09/23/2013], and Woods vs. District of Columbia, No.
11-CV-1011, D.C. Court of Appeals [ Decided 03/28/2013]. In both cases the D.C. public duty doctrine prevailed and the cases were dismissed.
PUBLIC DUTY DOCTRINE
In a nutshell, under the public duty doctrine, the " District [of Columbia] has no duty to provide public services to any particular citizen" unless there is a " special relationship" between the emergency personnel --- police officers, firefighters, and EMTs --- and an individual. Allison Gas
Turbine Division of General Motors Corporation v. District of Columbia, 642 A.2d 841, 843 ( D.C. 1994).
The " general duty owed to the public may become a specific duty owed to an individual if the [ emergency personnel] and the individual are in a special relationship different from that existing between [ emergency personnel] and citizens generally." Warren v. District of Columbia, 444 A.2d 1,
3,4 ( D.C. 1981) ( en banc). That determination is made by applying the now-familiar 2-part test,
which holds that a special relationship is formed where there is (1) "direct contact or some other form of privity between the victim and the [ emergency personnel] so that the victim becomes a reasonably foreseeable plaintiff" and (2) specific assurances of [emergency] services that create justifiable reliance by the victim." Id at 11; also see, Powell v. District of Columbia, 602 A. 2d 1123 (D.C. 1992); and, Klahr v. District of Columbia, 576 A. 2d. 718, 719 ( D.C. 1990).
Friday, October 11, 2013
BALTIMORE "STOP & FRISK" NOW CALLED "STOP": www.CharlesJeromeWare.com
The national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is headquartered conveniently in Columbia, Howard County, Maryland. For an initial courtesy consultation with this premier Maryland criminal defense firm, contact us at www.CharlesJeromeWare.com, (410) 720-6129, (410) 730-5016.
Similar to the New York Police Department's scandal, the Baltimore Police Department is having its own "stop and frisk" fiasco.
In an effort to diminish its controversy, Baltimore city police are doing away with use of the negative term "stop and frisk" and replacing it with the word "stop". However, Baltimore's "stop and frisk" program continues unabated.
"Stop and frisk", now "stop" or "investigative stop" in Baltimore, is a term used when police detain someone short of arrest and search them allegedly on "reasonable suspicion" that the person is armed and "presently dangerous". It is also known as a "Terry stop", referring to the 1968 U.S. Supreme Court decision, Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d889, that held that such searches were not a violation of the 4th Amendment.
[http://articles.baltimoresun.com/09-23-2013; www.the-atlanticcities.com/politics/09-2013; law.justia.com/constitution/us/amendment].
Similar to the New York Police Department's scandal, the Baltimore Police Department is having its own "stop and frisk" fiasco.
In an effort to diminish its controversy, Baltimore city police are doing away with use of the negative term "stop and frisk" and replacing it with the word "stop". However, Baltimore's "stop and frisk" program continues unabated.
"Stop and frisk", now "stop" or "investigative stop" in Baltimore, is a term used when police detain someone short of arrest and search them allegedly on "reasonable suspicion" that the person is armed and "presently dangerous". It is also known as a "Terry stop", referring to the 1968 U.S. Supreme Court decision, Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d889, that held that such searches were not a violation of the 4th Amendment.
[http://articles.baltimoresun.com/09-23-2013; www.the-atlanticcities.com/politics/09-2013; law.justia.com/constitution/us/amendment].
SECRETS TO WINNING YOUR IMMIGRATION CASE : www.charlesjeromeware.com
THE IMMIGRATION PARADOX : 15 TIPS FOR WINNING IMMIGRATION CASES.
http://amzn.com/1440171920. By former U. S. Immigration Judge Charles Jerome Ware.
www.charlesjeromeware.com
SECRETOS PARA GANAR SU CASO DE INMIGRACION : www.charlesjeromeware.com
QUINCE (15) CONSEJOS PARA GANAR CASOS DEL INMIGRACION.
Charles Ware es un ex Juez de Inmigracion de los Estados Unidos. En la actualidad es director de la firma nacional general de Charles Jerome Ware, Abogados y Consejeros.
Charles Ware es un ex Juez de Inmigracion de los Estados Unidos. En la actualidad es director de la firma nacional general de Charles Jerome Ware, Abogados y Consejeros.
GANAR SU CASO DE INMIGRACION : www.charlesjeromeware.com
QUINCE (15) CONSEJOS PARA GANAR CASOS DE INMIGRACION, http://amzn.com/1462068952 .
Charles Ware es un ex Juez de Inmigracion de los Estados Unidos. En la actualida es director de la firma nacional general de Charles Jerome Ware, Abogados y Consejeros.
Wednesday, October 9, 2013
A COMMA, A COMMA... MY KINGDOM FOR A COMMA : TAKING AIM AT " ARBITRARY PRINCIPLE ", www.charlesjeromeware.com
This review is presented by the national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors : www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
AMERICAN INTERNATIONAL GROUP, INC. (AIG) v. BANK OF AMERICA CORP.,
U. S. Court of Appeals for the Second Circuit, Docket No. 12-1640-cv, Decided April 19, 2012.
In his new book on contract drafting, word miser Kenneth Adams attacks the 2nd Circuit 's opinion in the abovereferenced AIG v. BOA case , in which the court essentially invokes the principle of writing construction that if in a sentence a series of nouns, noun phrases, or clauses is followed by a modifier and the modifier is preceded by a comma, the modifier applies to the series, not just the final element in the series.
In a nutshell, in his critique of the opinion Adams opines that the appeals court was " bamboozled by a comma".
Kenneth Adams argues the 2nd Circuit court got it wrong when it said a modifier phrase after a comma applied to the entire series of phrases before it : " ...as the opinion inadvertently demonstrates, that principle of construction [ used by the court in its opinion] has no foundation in English usage; as such, it should be rejected. The opinion also serves as a reminder that judges cannot be counted on to understand how ambiguity operates; courts should permit expert-witness testimony on ambiguity. " [ The Scribes Journal of Legal Writing (Forthcoming 2014), " Bamboozled by a Comma: The Second Circuit's Misdiagnosis of Ambiguity in American International Group, Inc. v. Bank of America Corp. ]
The 2nd Circuit used this example to demonstrate its point:
" This basketball team has a seven-foot center, a huge power forward, and two large guards, who do spectacular dunks," differs from the statement, " This basketball team has a seven-foot center, a huge power forward, and two large guards who do spectacular dunks." The first statement conveys that all four players do spectacular dunks. The latter statement conveys that only the guards do so."
Adams, however, says the relevance or irrelevance of the comma in the court's example can be shown by adding " both " after " who " in the first example and " all " after " who" in the second example. Says Adams : " In the first example, that would result in the modifier having a more narrow scope, despite the comma; in the second example, that would result in the modifier having a more broad
scope, despite absence of the comma. So the only conceivable basis for the court's explanation is expediency. But a principle of interpretation that has no basis in English usage is worse than useless --- it's a travesty." Adams asserts that the 2nd Circuit's grammar lesson " fell apart" when it relied on an " arbitrary principle".
[http://www.abajournal.com/news/article/10-9-2013; A Manual of Style for Contract Drafting, Kenneth A. Adams ( ABA 3d ed. 2013) ]
AMERICAN INTERNATIONAL GROUP, INC. (AIG) v. BANK OF AMERICA CORP.,
U. S. Court of Appeals for the Second Circuit, Docket No. 12-1640-cv, Decided April 19, 2012.
In his new book on contract drafting, word miser Kenneth Adams attacks the 2nd Circuit 's opinion in the abovereferenced AIG v. BOA case , in which the court essentially invokes the principle of writing construction that if in a sentence a series of nouns, noun phrases, or clauses is followed by a modifier and the modifier is preceded by a comma, the modifier applies to the series, not just the final element in the series.
In a nutshell, in his critique of the opinion Adams opines that the appeals court was " bamboozled by a comma".
Kenneth Adams argues the 2nd Circuit court got it wrong when it said a modifier phrase after a comma applied to the entire series of phrases before it : " ...as the opinion inadvertently demonstrates, that principle of construction [ used by the court in its opinion] has no foundation in English usage; as such, it should be rejected. The opinion also serves as a reminder that judges cannot be counted on to understand how ambiguity operates; courts should permit expert-witness testimony on ambiguity. " [ The Scribes Journal of Legal Writing (Forthcoming 2014), " Bamboozled by a Comma: The Second Circuit's Misdiagnosis of Ambiguity in American International Group, Inc. v. Bank of America Corp. ]
The 2nd Circuit used this example to demonstrate its point:
" This basketball team has a seven-foot center, a huge power forward, and two large guards, who do spectacular dunks," differs from the statement, " This basketball team has a seven-foot center, a huge power forward, and two large guards who do spectacular dunks." The first statement conveys that all four players do spectacular dunks. The latter statement conveys that only the guards do so."
Adams, however, says the relevance or irrelevance of the comma in the court's example can be shown by adding " both " after " who " in the first example and " all " after " who" in the second example. Says Adams : " In the first example, that would result in the modifier having a more narrow scope, despite the comma; in the second example, that would result in the modifier having a more broad
scope, despite absence of the comma. So the only conceivable basis for the court's explanation is expediency. But a principle of interpretation that has no basis in English usage is worse than useless --- it's a travesty." Adams asserts that the 2nd Circuit's grammar lesson " fell apart" when it relied on an " arbitrary principle".
[http://www.abajournal.com/news/article/10-9-2013; A Manual of Style for Contract Drafting, Kenneth A. Adams ( ABA 3d ed. 2013) ]
U.S. LEGAL HERITAGE & CRITICAL LEGAL THINKING, www.charlesjeromeware.com
For succinct insight into United States legal heritage and critical legal thinking, read the best-selling book, UNDERSTANDING THE LAW : A PRIMER, http://amzn.com/1440111456, by best-selling author and renowned attorney Charles Jerome Ware.
Tuesday, October 8, 2013
MD. FAMILY LAW UPDATE: MENTAL CAPABILITY REQUIRED FOR MARYLAND MARRIAGE, www.charlesjeromeware.com
This "reminder" is presented as a public service by the national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors. This law firm is headquartered conveniently in Columbia, Howard County, Maryland. For a courtesy initial consultation, contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
Recently (on or about October 2nd, 2013) it was reported that a Winnebago County, Illinois judge
had dismissed a woman's petition to the court for an order allowing her to marry her boyfriend of 38 years who suffered from a severe brain injury during surgery on November 30, 2009. the court's reasoning was that the boyfriend lacked the requisite "capacity to consent" to the marriage because
of his severe brain injury.
The boyfriend, John Morris, lives under 24-hour nursing care at the home where he lives with the girlfriend, Colette Purifoy.
Illinois state law requires the "capacity to consent to marriage" by the two participants, and there is no provision in the law allowing a guardian to consent on behalf of a ward, the judge ruled; even
though the parties may have been previously engaged to marry, owned a home together, had combined their assets and had a child together.
The Winnebago County Clerk had refused to issue a marriage certificate for the couple, citing state law that requires each person to " sign the marriage application" and to " appear before the clerk ."
We believe under Maryland Family Law the ruling would have been similar in Maryland courts.
[http://www.abajournal.com/news/article/brain-injured_man_cant_marry_judge_rules/October 7, 2013].
Recently (on or about October 2nd, 2013) it was reported that a Winnebago County, Illinois judge
had dismissed a woman's petition to the court for an order allowing her to marry her boyfriend of 38 years who suffered from a severe brain injury during surgery on November 30, 2009. the court's reasoning was that the boyfriend lacked the requisite "capacity to consent" to the marriage because
of his severe brain injury.
The boyfriend, John Morris, lives under 24-hour nursing care at the home where he lives with the girlfriend, Colette Purifoy.
Illinois state law requires the "capacity to consent to marriage" by the two participants, and there is no provision in the law allowing a guardian to consent on behalf of a ward, the judge ruled; even
though the parties may have been previously engaged to marry, owned a home together, had combined their assets and had a child together.
The Winnebago County Clerk had refused to issue a marriage certificate for the couple, citing state law that requires each person to " sign the marriage application" and to " appear before the clerk ."
We believe under Maryland Family Law the ruling would have been similar in Maryland courts.
[http://www.abajournal.com/news/article/brain-injured_man_cant_marry_judge_rules/October 7, 2013].
MD. CRIMINAL LAW: DEFENDING THE MODERN MARYLAND DRUG CASE,www.charlesjeromeware.com
The national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is Maryland's premier drug case defense firm. The firm is conveniently headquartered in Columbia, Howard County, Maryland. For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
" If the zeal to eliminate drugs leads this state and nation to forsake its ancient heritage of constitutional history, then we will have suffered a far greater injury than drugs ever inflict upon us.
Drugs injure some of us. The loss of liberty injures us all." Cresswell v. State of Florida, 524 So. 2d 685.
Representing a defendant in a drug case here in Maryland or anywhere else in the United States is
different from just about any other kind of criminal case. For instance, it is particularly necessary
in a drug case for defense counsel to intercede and get involved as quickly as possible in defense of the client. It must be remembered that in a modern drug case the client and defense counsel must always be vigilant and make decisions quickly. This is not only risky, but each decision may be irrevocable.
Now, with the advent of countries, and not just a few individuals, getting involved with the manufacturing and distribution of unapproved new drugs, and the increase in new criminal
charges --- it is a whole new and modern world of drug enforcement.
The defense of these charges mandate a new perspective , a modern understanding, and new strategies for drug defense cases in Maryland and beyond.
One highly successful way we have defended our clients from accusations of drug possession,
manufacture, or distribution has been to make the case that there were no " affirmative links" to our clients and the drugs.
[ http://www.nacdl.org/LegalEducation.aspx; www.charlesjeromeware.com]
" If the zeal to eliminate drugs leads this state and nation to forsake its ancient heritage of constitutional history, then we will have suffered a far greater injury than drugs ever inflict upon us.
Drugs injure some of us. The loss of liberty injures us all." Cresswell v. State of Florida, 524 So. 2d 685.
Representing a defendant in a drug case here in Maryland or anywhere else in the United States is
different from just about any other kind of criminal case. For instance, it is particularly necessary
in a drug case for defense counsel to intercede and get involved as quickly as possible in defense of the client. It must be remembered that in a modern drug case the client and defense counsel must always be vigilant and make decisions quickly. This is not only risky, but each decision may be irrevocable.
Now, with the advent of countries, and not just a few individuals, getting involved with the manufacturing and distribution of unapproved new drugs, and the increase in new criminal
charges --- it is a whole new and modern world of drug enforcement.
The defense of these charges mandate a new perspective , a modern understanding, and new strategies for drug defense cases in Maryland and beyond.
One highly successful way we have defended our clients from accusations of drug possession,
manufacture, or distribution has been to make the case that there were no " affirmative links" to our clients and the drugs.
[ http://www.nacdl.org/LegalEducation.aspx; www.charlesjeromeware.com]
Saturday, October 5, 2013
MARYLAND MECHANIC'S LIENS---BARRY PROP. v. FICK BROS., 277 Md. 15 (1976): www.charlesjeromeware.com
www.charlesjeromeware.com. Maryland's Premier Mechanic's Lien Defense Law Firm.
The 1976 BARRY PROPERTIES, INC. case caused a monumental change of Maryland's mechanic's lien laws, and transformed the established Maryland mechanic's lien proceeding
to "enforce" a lien into a proceeding to establish a lien. The Barry case was also very helpful in providing
an historical account of the first Maryland mechanic's law enacted in 1791 at the urging of Thomas Jefferson and James Madison, who sought the law as a means to encourage rapid construction of Washington D.C. [ Barry Properties, Inc. v. Fick Bros. Roofing Co., 277 Md. 15, 353 A.2d. 222 ( 1976) ].
For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 730-5016,
(410) 720-6129.
The 1976 BARRY PROPERTIES, INC. case caused a monumental change of Maryland's mechanic's lien laws, and transformed the established Maryland mechanic's lien proceeding
to "enforce" a lien into a proceeding to establish a lien. The Barry case was also very helpful in providing
an historical account of the first Maryland mechanic's law enacted in 1791 at the urging of Thomas Jefferson and James Madison, who sought the law as a means to encourage rapid construction of Washington D.C. [ Barry Properties, Inc. v. Fick Bros. Roofing Co., 277 Md. 15, 353 A.2d. 222 ( 1976) ].
For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 730-5016,
(410) 720-6129.
KILLING MARYLAND MECHANIC'S LIENS: www.charlesjeromeware.com
www.charlesjeromeware.com. Maryland's Premier Defense Law Firm.
Charles Jerome Ware, P. A., Attorneys & Counsellors, is Maryland's premier mechanic's liens defense law firms. For an initial courtesy consultation, contact us at www.charlesjeromeware.com,
(410) 730-5016 , (410) 720-6129.
The " general purpose" of Maryland's mechanic's lien is asserted to be the protection of contractors, subcontractors and material men and women who are allegedly not in a position to protect themselves if the owner defaults on payment or pays the contractor without first ascertaining that other parties have been paid [ Dickerson Lumber Co., Inc. v. Herson, 230 Md. 487, 187 A. 2d 689 ( Md. 1963) ].
Charles Jerome Ware, P. A., Attorneys & Counsellors, is Maryland's premier mechanic's liens defense law firms. For an initial courtesy consultation, contact us at www.charlesjeromeware.com,
(410) 730-5016 , (410) 720-6129.
The " general purpose" of Maryland's mechanic's lien is asserted to be the protection of contractors, subcontractors and material men and women who are allegedly not in a position to protect themselves if the owner defaults on payment or pays the contractor without first ascertaining that other parties have been paid [ Dickerson Lumber Co., Inc. v. Herson, 230 Md. 487, 187 A. 2d 689 ( Md. 1963) ].
Friday, October 4, 2013
Attorney Charles Ware's Blog: "BLURRED LINES" BALTIMORE LEAD POISONING PROBLEM: ...
Attorney Charles Ware's Blog: "BLURRED LINES" BALTIMORE LEAD POISONING PROBLEM: ...: www.charlesjeromeware.com And see: " Politics of Lead Poisoning in Baltimore & D.C. : By Defense Attorney and BestSelling Author C...
"BLURRED LINES" BALTIMORE LEAD POISONING PROBLEM: DEFENSE COUNSEL VIEW,www.charlesjeromeware.com
www.charlesjeromeware.com
And see: " Politics of Lead Poisoning in Baltimore & D.C. : By Defense Attorney and BestSelling Author Charles Ware". http;//thelawyersmailbox.blogspot.com/2013/07/politics-of-lead-poisoning-in-Baltimore.html.
Baltimore, Maryland, like many other urban (predominantly East Coast) areas such as Washington, D.C., Philadelphia, New York and Boston --- and across the nation, has a major lead poisoning problem. In fact, this very unfortunate problem is so bad that it creates a public health crisis for Baltimore.
The " lines are becoming blurred ", however, between actual legitimate cases of lead poisoning and the inevitable desire by some to file questionable claims for profit. Further, several recent trends in the area of lead-based paint poisoning litigation are developing which should be of great concern to property owners in Baltimore City.
For an initial courtesy consultation, contact this leading lead poisoning defense law firm at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
And see: " Politics of Lead Poisoning in Baltimore & D.C. : By Defense Attorney and BestSelling Author Charles Ware". http;//thelawyersmailbox.blogspot.com/2013/07/politics-of-lead-poisoning-in-Baltimore.html.
Baltimore, Maryland, like many other urban (predominantly East Coast) areas such as Washington, D.C., Philadelphia, New York and Boston --- and across the nation, has a major lead poisoning problem. In fact, this very unfortunate problem is so bad that it creates a public health crisis for Baltimore.
The " lines are becoming blurred ", however, between actual legitimate cases of lead poisoning and the inevitable desire by some to file questionable claims for profit. Further, several recent trends in the area of lead-based paint poisoning litigation are developing which should be of great concern to property owners in Baltimore City.
For an initial courtesy consultation, contact this leading lead poisoning defense law firm at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.
DEFENSE AGAINST MARYLAND MECHANIC'S LIENS: www.charlesjeromeware.com
www.charlesjeromeware.com
The Maryland law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is a premier Maryland mechanic's lien defense law firm.
For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129. We are conveniently located in the Baltimore - Washington area, in Columbia, Howard County, Maryland.
FACTOID: The first mechanic's lien in Maryland was enacted in 1791 at the urging of Thomas Jefferson and James Madison who sought the law as a means to encourage the rapid building of Washington, D. C. [ See historical account in BARRY PROPERTIES, INC. v. FICK BROTHERS ROOFING COMPANY, 277 Md. 15, 353 A.2d. 22 (Md. 1976).
The Maryland law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is a premier Maryland mechanic's lien defense law firm.
For an initial courtesy consultation, contact us at www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129. We are conveniently located in the Baltimore - Washington area, in Columbia, Howard County, Maryland.
FACTOID: The first mechanic's lien in Maryland was enacted in 1791 at the urging of Thomas Jefferson and James Madison who sought the law as a means to encourage the rapid building of Washington, D. C. [ See historical account in BARRY PROPERTIES, INC. v. FICK BROTHERS ROOFING COMPANY, 277 Md. 15, 353 A.2d. 22 (Md. 1976).
Tuesday, October 1, 2013
" Chapter 15: Contract Law for the Consumer ": www.charlesjeromeware.com
www.charlesjeromeware.com
LEGAL CONSUMER TIPS AND SECRETS : Avoiding Debtors' Prison in the United States,
by Charles Jerome Ware, Attorney ( Former Special Legal and Economic Counsel to the Chairman of the U. S. Federal Trade Commission. http://amzn.com/1462051847.
LEGAL CONSUMER TIPS AND SECRETS : Avoiding Debtors' Prison in the United States,
by Charles Jerome Ware, Attorney ( Former Special Legal and Economic Counsel to the Chairman of the U. S. Federal Trade Commission. http://amzn.com/1462051847.
Monday, September 30, 2013
KILLING LOTTERY ! : BEAT IT BY STUDYING THE BOOK ! ***
*** Lottery Winners READ, STUDY and FOLLOW the BOOK by renowned Lotterician and Author
Charles Jerome Ware:
" THE SECRET SCIENCE OF WINNING LOTTERIES, SWEEPSTAKES and CONTESTS :
LAWS, STRATEGIES, FORMULAS and STATISTICS, http://amzn.com/1432793888.
100 % EFFECTIVE !!!
Charles Jerome Ware:
" THE SECRET SCIENCE OF WINNING LOTTERIES, SWEEPSTAKES and CONTESTS :
LAWS, STRATEGIES, FORMULAS and STATISTICS, http://amzn.com/1432793888.
100 % EFFECTIVE !!!
Friday, August 30, 2013
Attorney Charles Ware's Blog: BOY GENUIS, AGE 11, FRESHMAN AT TCU
Attorney Charles Ware's Blog: BOY GENUIS, AGE 11, FRESHMAN AT TCU: www.charlesjeromeware.com . Eleven-year old boy genuis CARSON HUEY-YOU is a freshman science major at Texas Christian University, near his...
BOY GENUIS, AGE 11, FRESHMAN AT TCU
www.charlesjeromeware.com.
Eleven-year old boy genuis CARSON HUEY-YOU is a freshman science major at Texas Christian University, near his Dallas-Fort Worth home. These days he has one problem, and it is NOT his classes in physics, history. religion or calculus. Quite the contrary, he very much enjoys his college classes, and he finds calculus to be " relaxing". Graduating from high school with straight "A"s, and scoring a record 1770 on the SAT ( Scholastic Aptitude Test), 11-year old Carson's only problem is that his college textbooks are so heavy that his mother, Claretta, has to help him carry them around the campus to classes.
[www.nypost.com/08-29-2013]
Eleven-year old boy genuis CARSON HUEY-YOU is a freshman science major at Texas Christian University, near his Dallas-Fort Worth home. These days he has one problem, and it is NOT his classes in physics, history. religion or calculus. Quite the contrary, he very much enjoys his college classes, and he finds calculus to be " relaxing". Graduating from high school with straight "A"s, and scoring a record 1770 on the SAT ( Scholastic Aptitude Test), 11-year old Carson's only problem is that his college textbooks are so heavy that his mother, Claretta, has to help him carry them around the campus to classes.
[www.nypost.com/08-29-2013]
Wednesday, August 28, 2013
Attorney Charles Ware's Blog: PREDICTIVE LOTTERY & POLICING ALGORITHMS & NUMBERS...
Attorney Charles Ware's Blog: PREDICTIVE LOTTERY & POLICING ALGORITHMS & NUMBERS...: From my research I have determined that there are similarities between Predictive Winning Lottery Numbers & Algorithms and Predictive Po...
PREDICTIVE LOTTERY & POLICING ALGORITHMS & NUMBERS,http://amzn.com/1432793888
From my research I have determined that there are similarities between Predictive Winning Lottery Numbers & Algorithms and Predictive Policing Algorithms.
Both predictive models rely heavily on " probabilities".
Predictive police algorithms analyze criminal cycles, patterns, trends, behavior and relationships in an effort to aid law enforcement in making policy decisions and establishing " priorities" for personnel and other resources [ see, www.abajournal.com/09-01-2013/ Predictive Policing].
Predictive Winning Lottery Numbers and Algorithms , in essence, use a mixed combination of cognitive flexibility learning and hypergeometric distribution to establish the probabilities for presentment of certain numbers in a certain lottery drawing [ Chapters 5 and 6, http://amzn.com/1432793888, THE SECRET SCIENCE OF WINNING LOTTERIES, SWEEPSTAKES AND CONTESTS : Laws, Strategies, Formulas and Statistics, by lotterician and best-selling author Charles Jerome Ware.
Both predictive models rely heavily on " probabilities".
Predictive police algorithms analyze criminal cycles, patterns, trends, behavior and relationships in an effort to aid law enforcement in making policy decisions and establishing " priorities" for personnel and other resources [ see, www.abajournal.com/09-01-2013/ Predictive Policing].
Predictive Winning Lottery Numbers and Algorithms , in essence, use a mixed combination of cognitive flexibility learning and hypergeometric distribution to establish the probabilities for presentment of certain numbers in a certain lottery drawing [ Chapters 5 and 6, http://amzn.com/1432793888, THE SECRET SCIENCE OF WINNING LOTTERIES, SWEEPSTAKES AND CONTESTS : Laws, Strategies, Formulas and Statistics, by lotterician and best-selling author Charles Jerome Ware.
PREDICTIVE POLICING ALGORITHMS AND THE 4TH AMENDMENT, www.CharlesJeromeWare.com
[www.CharlesJeromeWare.com; www.abajournal.com/magazine/article/09-01-2013/by Leslie A Gordon/"Predictive Policing May Help Bag Burglars- But It May Also Be A [4th Amendment] Constitutional Problem"; Andrew Guthrie Ferguson, "Predictive Policing And Reasonable Suspicion", Emory Law Journal, Vol. 62, page 259 (2012); Craig D. Uchida, Natl. Inst. of Justice, No. NCJ230404, "A National Discussion On Predictive Policing: Defining Our Terms And Mapping Successful Implementation Strategies 1" (2009); Beth Pearsall, "Predictive Policing: The Future of Law Enforcement?", Natl. Inst. Justice J. June 2010; United States v. Cortez, 449 U.S. 411, 418 (1981) (observing that the question of reasonable suspicion deal "with probabilities")]
COL., HO. CO., MD. JOB LAW UPDATE: MERRILL LYNCH BIAS CASE SETTLEMENT, www.CharlesJeromeWare.com
The national employment law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is conveniently headquartered in Columbia, Howard County, Maryland. The firm is nationally renowned, well-respected, and highly-regarded for its many successful cases and efforts in the areas of employment and discrimination law.
For a courtesy legal consultation, contact us at (410) 730-5016, (410) 720-6129, www.CharlesJeromeWare.com.
Merrill Lynch, one of the biggest brokerage firms on Wall Street, has agreed to pay $160 million to settle a racial bias lawsuit that wound through the federal courts for eight years, including two appeals to the United States Supreme Court.
The payout in the suit, which was filed on behalf of 700 black brokers who worked for Merrill, would be the largest sum ever distributed to plaintiffs in a racial discrimination suit against an American employer. Merrill, which was acquired by Bank of America after the suit was filed, also agreed to take advice from black employees on how to improve their chances of succeeding as brokers.
The pool of money, available to all black brokers and trainees at the firm since May 2001, is reportedly larger than those offered by other corporations sued by employees for racial bias, including Texaco and Coca-Cola, Ms. Friedman said. It also dwarfs recent payouts by other Wall Street firms, including $16 million that Morgan Stanley agreed to pay in 2008 to settle a suit brought by black and Hispanic brokers.
The Merrill Lynch plaintiffs had claimed they received little help from managers and were ostracized by co-workers, according to the Times account. The case “wound through the federal courts for eight years, including two appeals to the United States Supreme Court,” the newspaper says. The Chicago-based 7th U.S. Circuit Court of Appeals agreed to certify the class and a trial had been scheduled for January.
[news.nytco.com/blogs/dealbook/08-27-2013/Merrill Lynch To Pay Big In Bias Case; www.abajournal.com/article/08-2013/Merrill Lynch Reportedly Agrees to $160 Million Settlement In Bias Case]
For a courtesy legal consultation, contact us at (410) 730-5016, (410) 720-6129, www.CharlesJeromeWare.com.
MERRILL LYNCH TO PAY BIG IN BIAS CASE
Merrill Lynch, one of the biggest brokerage firms on Wall Street, has agreed to pay $160 million to settle a racial bias lawsuit that wound through the federal courts for eight years, including two appeals to the United States Supreme Court.
The payout in the suit, which was filed on behalf of 700 black brokers who worked for Merrill, would be the largest sum ever distributed to plaintiffs in a racial discrimination suit against an American employer. Merrill, which was acquired by Bank of America after the suit was filed, also agreed to take advice from black employees on how to improve their chances of succeeding as brokers.
The pool of money, available to all black brokers and trainees at the firm since May 2001, is reportedly larger than those offered by other corporations sued by employees for racial bias, including Texaco and Coca-Cola, Ms. Friedman said. It also dwarfs recent payouts by other Wall Street firms, including $16 million that Morgan Stanley agreed to pay in 2008 to settle a suit brought by black and Hispanic brokers.
The Merrill Lynch plaintiffs had claimed they received little help from managers and were ostracized by co-workers, according to the Times account. The case “wound through the federal courts for eight years, including two appeals to the United States Supreme Court,” the newspaper says. The Chicago-based 7th U.S. Circuit Court of Appeals agreed to certify the class and a trial had been scheduled for January.
[news.nytco.com/blogs/dealbook/08-27-2013/Merrill Lynch To Pay Big In Bias Case; www.abajournal.com/article/08-2013/Merrill Lynch Reportedly Agrees to $160 Million Settlement In Bias Case]
COL., HO. CO., MD. DNA DEFENSE, PROSECTUOR MISCONDUCT/WHACK v. STATE, www.CharlesJeromeWare.com
The national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is headquartered in Columbia, Howard County, Maryland. The firm is highly-rated for its many successful efforts on behalf of clients in the area of criminal defense in Maryland.
For an initial free legal consultation, contact us at www.CharlesJeromeWare.com, (410) 720-6129, (410) 730-5016.
On Wednesday, August 21st, 2013, the Maryland Court of Appeals (MCOA) reversed the second-degree murder conviction of Tommy Whack, Jr. and remanded his case back to the Prince George's County Circuit for a new trial:
TOMMY WHACK, JR. v. STATE OF MARYLAND,
No. 86, Sept. Term, 2012 (Decided August 21, 2013);
Judges Barbera, Harrell, Battaglia, Greene, Adkins, McDonald and Bell.
For an initial free legal consultation, contact us at www.CharlesJeromeWare.com, (410) 720-6129, (410) 730-5016.
On Wednesday, August 21st, 2013, the Maryland Court of Appeals (MCOA) reversed the second-degree murder conviction of Tommy Whack, Jr. and remanded his case back to the Prince George's County Circuit for a new trial:
TOMMY WHACK, JR. v. STATE OF MARYLAND,
No. 86, Sept. Term, 2012 (Decided August 21, 2013);
Judges Barbera, Harrell, Battaglia, Greene, Adkins, McDonald and Bell.
DNA is a powerful evidentiary tool and its importance in the courtroom cannot be overstated. See Maryland v. King, 133 S. Ct. 1958, 1966 (2013) (observing that DNA technology is “one of the most significant scientific advancements of our era” and its usefulness in the criminal justice system is “undisputed”).
DNA evidence can place a defendant at the scene of a crime, providing a firm scientific foundation for a prosecutor’s case, particularly when other evidence may be lacking. Not surprisingly, jurors place a great deal of trust in the accuracy and reliability of DNA evidence. But this evidence has the potential to be highly technical and confusing in a way that could unduly affect the outcome of a trial.
We consider here whether a prosecutor’s incorrect statements during rebuttal closing argument regarding DNA evidence, in a case in which that evidence was of central importance, required a mistrial.
Petitioner, Tommy Whack, Jr., was convicted of second-degree murder following a trial in the Circuit Court for Prince George
During the trial, the prosecution presented several witnesses, including Petitioner’s cousin, who testified that Petitioner called the victim’s cell phone before the killing and was walking in the neighborhood where the killing took place shortly before the crime occurred. Jurors also heard from a DNA analyst who testified that she could not exclude Petitioner as being the source of DNA recovered from the passenger armrest of the truck in which the victim was shot.
In rebuttal closing argument, the prosecutor told jurors that Petitioner’s DNA was present in the victim’s truck, and he claimed the statistical analysis conducted by the DNA analyst supported the State’s theory of the case. Petitioner objected to that argument as misstating the DNA evidence and asked for a mistrial, a request the trial court denied. The Court of Special Appeals affirmed Petitioner’s conviction in an unreported opinion. We granted Petitioner’s petition for a writ of certiorari, Whack v. State, 429 Md. 303 (2012), to answer the following question:
Did the trial court abuse its discretion in denying defense counsel’s motion for a mistrial after the State, in rebuttal closing argument, mischaracterized the statistical significance of the DNA evidence?
For reasons we shall explain, we answer yes to that question, reverse the judgment of the Court of Special Appeals, and direct a remand of the case for a new trial.
CRIMINAL DEFENDANTS/COLUMBIA, HOWARD COUNTY, MARYLAND, www.CharlesJeromeWare.com
The national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is headquartered in Columbia, Howard County, Maryland. The firm is highly-rated for its many successful efforts on behalf of clients in the area of criminal defense in Maryland.
For an initial free legal consultation, contact us at www.CharlesJeromeWare.com, (410) 720-6129, (410) 730-5016.
On Wednesday, August 21st, 2013, the Maryland Court of Appeals (MCOA) reversed the second-degree murder conviction of Tommy Whack, Jr. and remanded his case back to the Prince George's County Circuit for a new trial:
TOMMY WHACK, JR. v. STATE OF MARYLAND,
No. 86, Sept. Term, 2012 (Decided August 21, 2013);
Judges Barbera, Harrell, Battaglia, Greene, Adkins, McDonald and Bell.
For an initial free legal consultation, contact us at www.CharlesJeromeWare.com, (410) 720-6129, (410) 730-5016.
On Wednesday, August 21st, 2013, the Maryland Court of Appeals (MCOA) reversed the second-degree murder conviction of Tommy Whack, Jr. and remanded his case back to the Prince George's County Circuit for a new trial:
TOMMY WHACK, JR. v. STATE OF MARYLAND,
No. 86, Sept. Term, 2012 (Decided August 21, 2013);
Judges Barbera, Harrell, Battaglia, Greene, Adkins, McDonald and Bell.
DNA is a powerful evidentiary tool and its importance in the courtroom cannot be overstated. See Maryland v. King, 133 S. Ct. 1958, 1966 (2013) (observing that DNA technology is “one of the most significant scientific advancements of our era” and its usefulness in the criminal justice system is “undisputed”).
DNA evidence can place a defendant at the scene of a crime, providing a firm scientific foundation for a prosecutor’s case, particularly when other evidence may be lacking. Not surprisingly, jurors place a great deal of trust in the accuracy and reliability of DNA evidence. But this evidence has the potential to be highly technical and confusing in a way that could unduly affect the outcome of a trial.
We consider here whether a prosecutor’s incorrect statements during rebuttal closing argument regarding DNA evidence, in a case in which that evidence was of central importance, required a mistrial.
Petitioner, Tommy Whack, Jr., was convicted of second-degree murder following a trial in the Circuit Court for Prince George
During the trial, the prosecution presented several witnesses, including Petitioner’s cousin, who testified that Petitioner called the victim’s cell phone before the killing and was walking in the neighborhood where the killing took place shortly before the crime occurred. Jurors also heard from a DNA analyst who testified that she could not exclude Petitioner as being the source of DNA recovered from the passenger armrest of the truck in which the victim was shot.
In rebuttal closing argument, the prosecutor told jurors that Petitioner’s DNA was present in the victim’s truck, and he claimed the statistical analysis conducted by the DNA analyst supported the State’s theory of the case. Petitioner objected to that argument as misstating the DNA evidence and asked for a mistrial, a request the trial court denied. The Court of Special Appeals affirmed Petitioner’s conviction in an unreported opinion. We granted Petitioner’s petition for a writ of certiorari, Whack v. State, 429 Md. 303 (2012), to answer the following question:
Did the trial court abuse its discretion in denying defense counsel’s motion for a mistrial after the State, in rebuttal closing argument, mischaracterized the statistical significance of the DNA evidence?
For reasons we shall explain, we answer yes to that question, reverse the judgment of the Court of Special Appeals, and direct a remand of the case for a new trial.
CRIMES/COLUMBIA, HO. CO., MARYLAND, www.CharlesJeromeWare.com
The national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is headquartered in Columbia, Howard County, Maryland. The firm is highly-rated for its many successful efforts on behalf of clients in the area of criminal defense in Maryland.
For an initial free legal consultation, contact us at www.CharlesJeromeWare.com, (410) 720-6129, (410) 730-5016.
On Wednesday, August 21st, 2013, the Maryland Court of Appeals (MCOA) reversed the second-degree murder conviction of Tommy Whack, Jr. and remanded his case back to the Prince George's County Circuit for a new trial:
TOMMY WHACK, JR. v. STATE OF MARYLAND,
No. 86, Sept. Term, 2012 (Decided August 21, 2013);
Judges Barbera, Harrell, Battaglia, Greene, Adkins, McDonald and Bell.
For an initial free legal consultation, contact us at www.CharlesJeromeWare.com, (410) 720-6129, (410) 730-5016.
On Wednesday, August 21st, 2013, the Maryland Court of Appeals (MCOA) reversed the second-degree murder conviction of Tommy Whack, Jr. and remanded his case back to the Prince George's County Circuit for a new trial:
TOMMY WHACK, JR. v. STATE OF MARYLAND,
No. 86, Sept. Term, 2012 (Decided August 21, 2013);
Judges Barbera, Harrell, Battaglia, Greene, Adkins, McDonald and Bell.
DNA is a powerful evidentiary tool and its importance in the courtroom cannot be overstated. See Maryland v. King, 133 S. Ct. 1958, 1966 (2013) (observing that DNA technology is “one of the most significant scientific advancements of our era” and its usefulness in the criminal justice system is “undisputed”).
DNA evidence can place a defendant at the scene of a crime, providing a firm scientific foundation for a prosecutor’s case, particularly when other evidence may be lacking. Not surprisingly, jurors place a great deal of trust in the accuracy and reliability of DNA evidence. But this evidence has the potential to be highly technical and confusing in a way that could unduly affect the outcome of a trial.
We consider here whether a prosecutor’s incorrect statements during rebuttal closing argument regarding DNA evidence, in a case in which that evidence was of central importance, required a mistrial.
Petitioner, Tommy Whack, Jr., was convicted of second-degree murder following a trial in the Circuit Court for Prince George
During the trial, the prosecution presented several witnesses, including Petitioner’s cousin, who testified that Petitioner called the victim’s cell phone before the killing and was walking in the neighborhood where the killing took place shortly before the crime occurred. Jurors also heard from a DNA analyst who testified that she could not exclude Petitioner as being the source of DNA recovered from the passenger armrest of the truck in which the victim was shot.
In rebuttal closing argument, the prosecutor told jurors that Petitioner’s DNA was present in the victim’s truck, and he claimed the statistical analysis conducted by the DNA analyst supported the State’s theory of the case. Petitioner objected to that argument as misstating the DNA evidence and asked for a mistrial, a request the trial court denied. The Court of Special Appeals affirmed Petitioner’s conviction in an unreported opinion. We granted Petitioner’s petition for a writ of certiorari, Whack v. State, 429 Md. 303 (2012), to answer the following question:
Did the trial court abuse its discretion in denying defense counsel’s motion for a mistrial after the State, in rebuttal closing argument, mischaracterized the statistical significance of the DNA evidence?
For reasons we shall explain, we answer yes to that question, reverse the judgment of the Court of Special Appeals, and direct a remand of the case for a new trial.
Tuesday, August 27, 2013
BALTIMORE LEAD DEFENSE UPDATE: www.CharlesJeromeWare.com
Attorney and author Charles Ware is renowned and well-respected in the area of lead poisoning and lead paint defense litigation. The national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is conveniently headquartered in Columbia, Howard County, Maryland. For an initial courtesy consultation, lead case defendants, property owners, property managers and others should contact us at: (410) 730-5106, (410) 720-6129, www.CharlesJeromeWare.com.
[see, www.cdc.gov/nceh/lead/ACCLPP/blood-lead-levels.htm]
[see, www.cdc.gov/nceh/lead/ACCLPP/blood-lead-levels.htm]
Update on Blood Lead Levels in Children
- Experts now use a reference level of 5 micrograms per deciliter to identify children with blood lead levels that are much higher than most children’s levels. This new level is based on the U.S. population of children ages 1-5 years who are in the highest 2.5% of children when tested for lead in their blood.
- This reference value is based on the 97.5th percentile of the National Health and Nutrition Examination Survey (NHANES)’s blood lead distribution in children. CDC will update the reference value every four years using the two most recent NHANES surveys.
- Until recently, children were identified as having a blood lead “level of concern” if the test result is 10 or more micrograms per deciliter of lead in blood. CDC is no longer using the term “level of concern” and is instead using the reference value to identify children who have been exposed to lead and who require case management.
- In the past, blood lead level tests below 10 micrograms per deciliter of lead in blood may, or may not, have been reported to parents. The new lower value means that more children will likely be identified as having lead exposure allowing parents, doctors, public health officials, and communities to take action earlier to reduce the child’s future exposure to lead.
- What has not changed is the recommendation for when medical treatment is advised for children with high blood lead exposure levels. The new recommendation does not change the guidance that chelation therapy be considered when a child has a blood lead test result greater than or equal to 45 micrograms per deciliter.
- Children can be given a blood test to measure the level of lead in their blood. These tests are covered by Medicaid and most private health insurance.
MARYLAND DRUG DEFENSE ATTORNEYS: COL., HO. CO., www.CharlesJeromeWare.com
For more than 30 years, the national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, headquartered in Columbia, Howard County, Maryland, has been making a difference in the lives of its clients, communities and friends.
The firm is locally and national renowned and respected for its many successes on behalf of its clients. For more information, contact us for a courtesy consultation at (410) 730-5016, (410) 720-6129, www.CharlesJeromeWare.com.
We are "here to make a difference. We fight... you win."
When it comes to successfully defending drug cases it is now a new world; with new drugs, new charges, and new techniques for drug enforcement. This requires defense counsel to have a new perspective as well as a modern understanding and strategy for drug defense cases.
It has been said that the War on Drugs is a war on the Bill of Rights and this is evidenced by the the fervor and zeal at which our government has pursued this war which has ultimately been a war on the rights of all of us. Because drug users typically aim to keep their behaviors secret, the aggressive law enforcement schemes to go after them must necessarily penetrate the private lives of millions. Moreover, the expansion of police powers has been perhaps no greater than in this realm with law enforcement now having very few limits on their tactics. In addition, property may be seized on slight evidence and forfeited to the state or federal government without proof of the personal guilt of the owner.
Given the high rates of drug availability and usage in our country, coupled with the ever-increasing aggressiveness of law enforcement aimed going after drug offenders, drug charges are of the most common and of the most serious one can face. Drug accusations carry the very real potential for extremely long sentences, harsh collateral consequences and civil penalties that may be assessed under property forfeiture provisions. A drug charge can ruin a person's life which is why we aggressively defend drug cases using many different strategies. In general, there are three ways that drug charges are successfully defended: 1) the drugs seized were not actually a controlled substance; 2) the person did not actually "possess" the drugs; 3) the drugs were seized in violation of the person's constitutional rights.
Search and Seizure
Perhaps more so than any other type of charge, we find that our clients charged with drug offenses have often had their constitutional rights violated in large part due to the overzealousness of law enforcement tactics used in drug cases. One of the first steps we take in representing our clients accused of a drug charge is to analyze the legality of how the evidence was obtained. Evidence that is illegally obtained, whether that be for lack of probable cause or an illegal search and seizure, cannot be used against you. The Fourth Amendment provides protection against unreasonable searches and seizures and a violation of that can lead to a ruling by the court that illegally seized evidence is suppressed and inadmissible which most often leads to the dismissal of charges. We have successfully litigated constitutional violations on behalf of our clients which has lead to the dismissal of charges.
The firm is locally and national renowned and respected for its many successes on behalf of its clients. For more information, contact us for a courtesy consultation at (410) 730-5016, (410) 720-6129, www.CharlesJeromeWare.com.
We are "here to make a difference. We fight... you win."
Defending the Modern Drug Case
When it comes to successfully defending drug cases it is now a new world; with new drugs, new charges, and new techniques for drug enforcement. This requires defense counsel to have a new perspective as well as a modern understanding and strategy for drug defense cases.
It has been said that the War on Drugs is a war on the Bill of Rights and this is evidenced by the the fervor and zeal at which our government has pursued this war which has ultimately been a war on the rights of all of us. Because drug users typically aim to keep their behaviors secret, the aggressive law enforcement schemes to go after them must necessarily penetrate the private lives of millions. Moreover, the expansion of police powers has been perhaps no greater than in this realm with law enforcement now having very few limits on their tactics. In addition, property may be seized on slight evidence and forfeited to the state or federal government without proof of the personal guilt of the owner.
Given the high rates of drug availability and usage in our country, coupled with the ever-increasing aggressiveness of law enforcement aimed going after drug offenders, drug charges are of the most common and of the most serious one can face. Drug accusations carry the very real potential for extremely long sentences, harsh collateral consequences and civil penalties that may be assessed under property forfeiture provisions. A drug charge can ruin a person's life which is why we aggressively defend drug cases using many different strategies. In general, there are three ways that drug charges are successfully defended: 1) the drugs seized were not actually a controlled substance; 2) the person did not actually "possess" the drugs; 3) the drugs were seized in violation of the person's constitutional rights.
Search and Seizure
Perhaps more so than any other type of charge, we find that our clients charged with drug offenses have often had their constitutional rights violated in large part due to the overzealousness of law enforcement tactics used in drug cases. One of the first steps we take in representing our clients accused of a drug charge is to analyze the legality of how the evidence was obtained. Evidence that is illegally obtained, whether that be for lack of probable cause or an illegal search and seizure, cannot be used against you. The Fourth Amendment provides protection against unreasonable searches and seizures and a violation of that can lead to a ruling by the court that illegally seized evidence is suppressed and inadmissible which most often leads to the dismissal of charges. We have successfully litigated constitutional violations on behalf of our clients which has lead to the dismissal of charges.
NEW YORK AG TO TRUMP: YOU'RE FIRED!
www.CharlesJeromeWare.com
The legal rhetoric between billionaire real estate mogul Donald Trump and the New York Attorney General, Eric Schneiderman, continues to escalate.
In an appearance on NC-TV's "Today Show" this morning, New York Attorney General Eric Schneiderman repeated his assertions made in a lawsuit against Donald Trump that "Trump University" was a fraud and that Trump unlawfully "lured" hapless student to the fraud.
SUBTITLE: TRUMP BUMPED, THUMPED, TRUMPED BY NEW YORK AG
www.CharlesJeromeWare.com (We fight. You win.)
www.usatoday.com/story/money/business/08-24-2013/Trump-University-Fraud-NY.
New York's Attorney General's Office has filed a $40 million civil lawsuit on Saturday against billionaire real estate mogul Donald Trump of running a phony "Trump University" and defrauding more than 5,000 people with promises that they would get rich in real estate using his "hand-picked" teachers.
New York Attorney General Eric Schneiderman says many of the 5,000 students who paid up to $35,000 thought they would at least meet Trump but instead all they got was their picture taken in front of a life-size picture of "The Apprentice" TV star.
"Trump University engaged in deception at every stage of consumers' advancement through costly programs and caused real financial harm," Schneiderman said. "Trump University, with Donald Trump's knowledge and participation, relied on Trump's name recognition and celebrity status to take advantage of consumers who believed in the Trump brand."
Trump, himself, shot back at Schneiderman that the lawsuit is false and politically motivated.
The legal rhetoric between billionaire real estate mogul Donald Trump and the New York Attorney General, Eric Schneiderman, continues to escalate.
In an appearance on NC-TV's "Today Show" this morning, New York Attorney General Eric Schneiderman repeated his assertions made in a lawsuit against Donald Trump that "Trump University" was a fraud and that Trump unlawfully "lured" hapless student to the fraud.
SUBTITLE: TRUMP BUMPED, THUMPED, TRUMPED BY NEW YORK AG
www.CharlesJeromeWare.com (We fight. You win.)
www.usatoday.com/story/money/business/08-24-2013/Trump-University-Fraud-NY.
New York's Attorney General's Office has filed a $40 million civil lawsuit on Saturday against billionaire real estate mogul Donald Trump of running a phony "Trump University" and defrauding more than 5,000 people with promises that they would get rich in real estate using his "hand-picked" teachers.
New York Attorney General Eric Schneiderman says many of the 5,000 students who paid up to $35,000 thought they would at least meet Trump but instead all they got was their picture taken in front of a life-size picture of "The Apprentice" TV star.
"Trump University engaged in deception at every stage of consumers' advancement through costly programs and caused real financial harm," Schneiderman said. "Trump University, with Donald Trump's knowledge and participation, relied on Trump's name recognition and celebrity status to take advantage of consumers who believed in the Trump brand."
Trump, himself, shot back at Schneiderman that the lawsuit is false and politically motivated.
MARYLAND EMINENT DOMAIN LAW 101: Attorney & Author Charles Jerome Ware
www.CharlesJeromeWare.com (We fight. You win.)
The national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is headquartered in Columbia, Howard County, Maryland. For an initial consultation, you are invited to contact us at (410) 730-5016, (410) 720-6129, www.CharlesJeromeWare.com.
What Is Eminent Domain?
Eminent domain, broadly understood, is the power of the state or the federal government
Maryland Eminent Domain Laws
[eminentdomain.uslegal.com/Maryland; www.msba.org/Eminent Domain; articles.baltimoresun.com/Eminent Domain; Report of the State of Maryland Task Force On Business Owner Compensation In Condemnation Proceedings/12-7-2005; msa.maryland.gov/megafile/msa/specco/EminentDomain]
Maryland Eminent Domain Laws can be found in Title 12 of Code of Maryland.
Subtitle one of title twelve contain the general provisions and subtitle two contains provisions regarding relocation and assistance. All proceedings for the acquisition of private property for public use by condemnation are governed by the provisions of title 12[i].
Md. REAL PROPERTY Code Ann. § 12-101 provides that the state, any of its instrumentalities, or political subdivisions acting under statute or ordinance passed pursuant to Article III of the Maryland Constitution, may take private property for public use immediately on making the required payment and giving any required security.
A property is deemed to be taken if the plaintiff lawfully is authorized to take the property before trial pursuant to Article III of the Constitution of the State and the required payment has been made to the defendant or into court and the plaintiff has taken possession of the property and actually and lawfully appropriated it to the public purposes of the plaintiff[ii].
The damages to be awarded for the taking of land are its fair market value[iii]. When part of land is taken, the damages to be awarded is the fair market value of the part taken, but not less than the actual value of the part taken plus any severance or resulting damages to the remaining land by reason of the taking and of future use by the plaintiff of the part taken[iv].
For the purpose of determining the extent of the taking and the valuation of the tenant’s interest in a condemnation proceeding, improvement or installation done by the tenant is deemed personal property of the tenant and it is excluded from the taking[v].
The state or any of its instrumentalities or political subdivisions should file an action to acquire private property for public use by condemnation within four years of the date of the specific administrative or legislative authorization to acquire the property[vi].
However, if an action for condemnation is not filed within four years, the state, any of its instrumentalities, or political subdivisions may not proceed with condemnation until it first obtains a new authorization to acquire the property.
The plaintiff should pay all the costs in the trial court and also interest at the rate of six percent per annum on any difference between the amount of money initially paid into court for the use of the defendant and the jury award[vii].
On taking possession, acquiring the right to take possession or the actual transfer of title to the plaintiff, whichever occurs first, the plaintiff immediately should file, with the supervisor of assessments for the county involved, a written notification or a record setting forth in sufficient detail the area of the land and a description of any improvement being acquired[viii].
MARYLAND EMINENT DOMAIN STATUTES
Md. REAL PROPERTY Code Ann. § 12-107 provides that any party to a condemnation case may appeal from a final judgment or determination. Further, if the plaintiff desires possession pending appeal, it may make payment of the award. In addition, the plaintiff should file with the clerk of the court a bond to the state for the penalty the court prescribes.
Pursuant to Md. REAL PROPERTY Code Ann. § 12-109, a plaintiff may abandon a proceeding for condemnation by filing a written election to abandon. Also, a copy of the election should be served on each defendant who has been personally subjected to the jurisdiction of the court.
Md. REAL PROPERTY Code Ann. § 12-110 provides that if the condemnee or his/her predecessor in title has paid taxes, the condemnee is entitled to receive from the condemnor, in addition to the damages awarded for the premises taken, an amount of money which bears the same ratio to the entire amount of taxes on the premises taken as the part of the taxable year remaining on the date of taking bears to the entire taxable year.
In addition to payment otherwise authorized, a displacing agency should make an additional payment to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than 180 days prior to the initiation of negotiations for the acquisition of the real property[ix].
Further, whenever a program or project undertaken by a displacing agency will result in the displacement of any person, the displacing agency should make a payment to the displaced person[x]. The payment should include:
Pursuant to Md. REAL PROPERTY Code Ann. § 12-208, if a displacing agency acquires any interest in real property, the displacing agency should acquire at least an equal interest in all buildings, structures, or other improvements, located on the real property acquired.
[i]Md.
[ii] Md. REAL PROPERTY Code Ann. § 12-102.
[iii] Md. REAL PROPERTY Code Ann. § 12-104 (a).
[iv]Md.
[v] Md. REAL PROPERTY Code Ann. § 12-104 (c).
[vi]Md.
[vii] Md. REAL PROPERTY Code Ann. § 12-106.
[viii] Md. REAL PROPERTY Code Ann. § 12-106 (d).
[ix] Md. REAL PROPERTY Code Ann. § 12-202.
[x]Md.
(3) Filing an Eminent Domain Lawsuit. If negotiations for the acquisition of the property are unsuccessful, the condemning authority may file a complaint in the circuit court of the county in which the property to be acquired is located. In some Maryland localities, this first requires a taking resolution of the local government to allow a condemnation petition to be filed in court.
(4) Deposit of Estimate of Just Compensation into the Court Registry in Quick-Take Cases. Certain State agencies (such as the State Roads Commission and the Washington Suburban Sanitary Commission in Prince Georges County) and certain jurisdictions (such as Baltimore City, and Baltimore, Cecil and Montgomery Counties) have "quick-take" authority, but the owner still has the right to a full trial to determine the amount of compensation paid after the property is taken by the power of eminent domain. In order to quickly take possession of the property in this fashion, the condemning authority must pay into the court's registry the amount of compensation it believes the owner is entitled to receive (this will usually be based upon an appraisal the owner has received in the earlier negotiations stage). The date that the funds are deposited into the court becomes the "date of valuation" of the property. Once those funds are deposited into the court, the condemning authority has the right to enter upon the property and begin the necessary construction and the property owner is entitled to withdraw these funds.
This step is not applicable in traditional eminent domain cases, as the condemning authority does not take possession, or pay any money, until after a judgment is entered. The date of value is the date of trial, in traditional condemnation cases.
(5) Withdrawing Money from the Court. Also in Maryland quick-take cases, the property owner is entitled to withdraw the estimate of just compensation deposited into the court. This requires a motion be filed with the court requesting that the funds be disbursed to the property owner. There may be several parties with an interest in the funds on deposit; frequently, this includes the property owner and any mortgagee holding a lien against the property at issue. A hearing may be scheduled for the court to hear argument on the motion, but frequently such motions are consented to by all parties interested and no hearing is necessary. Withdrawal of funds paid into court does not prejudice a property owner's claim-he or she can still seek a higher value for the property at trial. Alternatively, a lower judgment could also be entered at trial, meaning that a property owner would have to pay some of the deposited money back to the condemnor.
This step is not applicable in traditional Maryland condemnation cases, as the condemning authority does not take possession, or pay any money, until after a judgment is entered.
(6) Board of Property Review Hearing. In Maryland eminent domain cases in which the State Roads Commission is pursuing the condemnation of property through its quick-take authority, the matter may proceed to a Board of Property Review after negotiations fail. These are 3-member boards in each county, which will hear the case and render an award. Any dissatisfied party may appeal to the circuit court and have the case heard "de novo", or anew. These boards are generally meant to provide an inexpensive procedure for resolving small cases and are not likely appropriate for large contested cases. The Commission can-and often does-bypass a Board of Property Review hearing preferring to file a formal condemnation petition with the circuit court from the outset.
This step is not applicable in traditional Maryland eminent domain cases; it applies only to State Roads Commission quick-take cases.
(7) Scheduling Order. When the formal condemnation petition is filed with the court, the court will issue a scheduling order that will govern the significant deadlines in the eminent domain case. It is very important that the deadlines be noted and complied with, as failure to comply with a deadline can result in prejudice to a property owner's case.
(8) Retention Expert Witnesses. In most Maryland condemnation cases, the only issue for the fact-finder to determine is the amount of money owed to the property owner for the property taken, and this depends on the value of the property taken and the damages to any remaining property. The condemning authority and the property owner will hire a real estate appraiser to value the property and give an opinion as to the just compensation amount the property owner should be paid. In some more complicated cases, additional experts, such as land planners, engineers, or even traffic experts will be necessary to provide the appraiser with the foundational information needed to accurately value the property taken and damages caused to any of the remaining property. It is important that these experts be consulted with and retained early, for the proper framing of a Maryland eminent domain case.
(9) Discovery. The condemning authority and the property owner each have the right to ask the other for information and documents relating to their case, including the names and contact information for witnesses, the documents supporting their claims, and also carry out depositions of witnesses to get more information. This process is referred to as "discovery." In many Maryland eminent domain cases, most of the discovery will relate to the appraisals, opinions, and testimony of the expert witnesses.
(10) Continued Settlement Negotiations and Mediation. The parties may continue informal settlement negotiations up to the date of trial. Additionally, the parties will have the opportunity to participate in a mediation or settlement conference, depending on the jurisdiction. Although voluntary, most courts strongly encourage these as opportunity to make another effort at settlement before trial. Often they are more successful than informal settlement negotiations because a judge or very experienced attorney participates and aids the parties at achieving a resolution.
(11) Pre-trial hearings. Several hearings may occur prior to trial to resolve a variety of issues. Hearings may be scheduled to resolve motions, such as those dealing with discovery disputes or addressing legal or evidentiary issues in the case. Administrative hearings may also occur to address administrative issues such as scheduling a trial date. Most hearings can be carried out by the attorney and do not require the attendance of the property owner.
(12) Condemnation Trial. Maryland provides a right to a jury trial on the issue of just compensation in State condemnation proceedings. The parties may, nonetheless, elect to waive a jury trial, in which case the judge will be responsible for making the determination of the appropriate amount of damages. In Maryland, the property owner also has the right to a jury view, where the jury is transported to the property so that it can view the property first-hand. The parties have the opportunity to present evidence and testimony in support of their claim as to the correct amount of compensation.
(13) Verdict. Once the jury has been presented with all of the testimony and evidence, it will enter a verdict for the amount of compensation to which it believes the property owner is entitled.
In "quick-take" cases, if the award is higher than the initial amount paid into court (see number 5, above), the property owner is entitled to be paid the difference, plus interest. If the award is less, the property owner will have to reimburse the over-payment.
In traditional Maryland condemnation cases, once the jury enters the verdict, the condemning authority can pay the amount of the jury's award and obtain possession of the property. Or, it can elect to abandon the condemnation (if, for example, the jury award is too costly), in which case it will be required to pay the property owner reasonable costs and attorney's fees.
(14) Post-Trial and Appeal. After judgment is entered either party has the right to appeal the judgment if they believe there was an error in the trial. Appeals can take several years to reach resolution. If the judgment is not appealed, it is final.
(15) Relocation Benefits. In some instances, the property owner is entitled to additional compensation for having to relocate a residence or business. Relocation benefits may reimburse a portion of moving expenses, utility reconnection expenses, business advertising expenses, or a variety of other related expenses.
The national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is headquartered in Columbia, Howard County, Maryland. For an initial consultation, you are invited to contact us at (410) 730-5016, (410) 720-6129, www.CharlesJeromeWare.com.
What Is Eminent Domain?
Eminent domain, broadly understood, is the power of the state or the federal government
to seize private property without the owner's consent. Historically, the most common uses of property taken by eminent domain are public facilities, highways, and railroads.
Traditionally the power of eminent domain has been exercised for the construction of large public projects, but its use is beginning to be broadened to projects involving not ‘public use’ but ‘public benefit.’ The decision in Kelo v. City of New London, a case that came before the US Supreme Court in 2004, set a precedent for property to be transferred to a private owner for the purpose of economic development. The court found that if an economic project creates new jobs, increases tax and other city revenues, and revitalizes a depressed or blighted urban area it qualifies as a public use [Kelo v. City of New London, 545 U.S. 469 (2005)].
Maryland Eminent Domain Laws
[eminentdomain.uslegal.com/Maryland; www.msba.org/Eminent Domain; articles.baltimoresun.com/Eminent Domain; Report of the State of Maryland Task Force On Business Owner Compensation In Condemnation Proceedings/12-7-2005; msa.maryland.gov/megafile/msa/specco/EminentDomain]
Maryland Eminent Domain Laws can be found in Title 12 of Code of Maryland.
Subtitle one of title twelve contain the general provisions and subtitle two contains provisions regarding relocation and assistance. All proceedings for the acquisition of private property for public use by condemnation are governed by the provisions of title 12[i].
Md. REAL PROPERTY Code Ann. § 12-101 provides that the state, any of its instrumentalities, or political subdivisions acting under statute or ordinance passed pursuant to Article III of the Maryland Constitution, may take private property for public use immediately on making the required payment and giving any required security.
A property is deemed to be taken if the plaintiff lawfully is authorized to take the property before trial pursuant to Article III of the Constitution of the State and the required payment has been made to the defendant or into court and the plaintiff has taken possession of the property and actually and lawfully appropriated it to the public purposes of the plaintiff[ii].
The damages to be awarded for the taking of land are its fair market value[iii]. When part of land is taken, the damages to be awarded is the fair market value of the part taken, but not less than the actual value of the part taken plus any severance or resulting damages to the remaining land by reason of the taking and of future use by the plaintiff of the part taken[iv].
For the purpose of determining the extent of the taking and the valuation of the tenant’s interest in a condemnation proceeding, improvement or installation done by the tenant is deemed personal property of the tenant and it is excluded from the taking[v].
The state or any of its instrumentalities or political subdivisions should file an action to acquire private property for public use by condemnation within four years of the date of the specific administrative or legislative authorization to acquire the property[vi].
However, if an action for condemnation is not filed within four years, the state, any of its instrumentalities, or political subdivisions may not proceed with condemnation until it first obtains a new authorization to acquire the property.
The plaintiff should pay all the costs in the trial court and also interest at the rate of six percent per annum on any difference between the amount of money initially paid into court for the use of the defendant and the jury award[vii].
On taking possession, acquiring the right to take possession or the actual transfer of title to the plaintiff, whichever occurs first, the plaintiff immediately should file, with the supervisor of assessments for the county involved, a written notification or a record setting forth in sufficient detail the area of the land and a description of any improvement being acquired[viii].
MARYLAND EMINENT DOMAIN STATUTES
Md. REAL PROPERTY Code Ann. § 12-107 provides that any party to a condemnation case may appeal from a final judgment or determination. Further, if the plaintiff desires possession pending appeal, it may make payment of the award. In addition, the plaintiff should file with the clerk of the court a bond to the state for the penalty the court prescribes.
Pursuant to Md. REAL PROPERTY Code Ann. § 12-109, a plaintiff may abandon a proceeding for condemnation by filing a written election to abandon. Also, a copy of the election should be served on each defendant who has been personally subjected to the jurisdiction of the court.
Md. REAL PROPERTY Code Ann. § 12-110 provides that if the condemnee or his/her predecessor in title has paid taxes, the condemnee is entitled to receive from the condemnor, in addition to the damages awarded for the premises taken, an amount of money which bears the same ratio to the entire amount of taxes on the premises taken as the part of the taxable year remaining on the date of taking bears to the entire taxable year.
In addition to payment otherwise authorized, a displacing agency should make an additional payment to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than 180 days prior to the initiation of negotiations for the acquisition of the real property[ix].
Further, whenever a program or project undertaken by a displacing agency will result in the displacement of any person, the displacing agency should make a payment to the displaced person[x]. The payment should include:
- actual reasonable expenses in moving,
- actual direct loss of tangible personal property as a result of moving,
- actual reasonable expenses in searching for a replacement business or farm, and
- actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site as determined by the displacing agency.
Pursuant to Md. REAL PROPERTY Code Ann. § 12-208, if a displacing agency acquires any interest in real property, the displacing agency should acquire at least an equal interest in all buildings, structures, or other improvements, located on the real property acquired.
[i]
[ii] Md. REAL PROPERTY Code Ann. § 12-102.
[iii] Md. REAL PROPERTY Code Ann. § 12-104 (a).
[iv]
[v] Md. REAL PROPERTY Code Ann. § 12-104 (c).
[vi]
[vii] Md. REAL PROPERTY Code Ann. § 12-106.
[viii] Md. REAL PROPERTY Code Ann. § 12-106 (d).
[ix] Md. REAL PROPERTY Code Ann. § 12-202.
[x]
15 Stages of a Maryland Eminent Domain Case
[www.ownerscounsel.com/The Eminent Domain Process/ Joseph P. Suntum, Esq.]
What can a property owner expect when the Government decides to take private property for a public use in the State of Maryland?
(1) Identification of public need and property to be acquired. In the State of Maryland, the process of condemnation begins with the identification of a public need, and the determination by the applicable governmental body that it is necessary to acquire private property to fulfill that public need.
(2) Notice, Offer to Purchase, and Negotiations. Once the decision to acquire private property in Maryland has been made, the condemning authority (also referred to as the "condemnor") generally gives the property owner written notice that it intends to acquire that person's property.
Subscribe to:
Posts (Atom)