Monday, January 21, 2013

BALTIMORE'S BEST LEAD PAINT DEFENSE (BBLPD): Lead Paint 101

www.CharlesJeromeWare.com

The national general practice law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, specializes in landlord lead paint poisoning defense work in Baltimore City and its surrounding metropolitan area. The firm's motto is: "Still working. Still committed. Still here to make a difference."

Professional, Thorough and Noted ("PTN") Attorneys. Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

Childhood Lead-Paint Poisoning (CLPP) cases are an epidemic in the Baltimore City metropolitan area. In fact, so many of these lead paint cases are filed by plaintiffs' attorneys in Baltimore City, particularly, every year that a special "lead paint case" docket exists within the Circuit Court for Baltimore City.

Further, to compound the problems for the defense in these cases, numerous judges as well as commentators suggest that in certain circumstances lead paint poisoning cases are "indefensible".
To be sure, especially in Baltimore City, a lead paint case defendant must retain a good lead paint defense attorney for legal representation in these cases.

Lead poisoning claims can, however, be defended on a number of grounds, including challenging the CDC's assertion that a low blood-lead level (10 to 25 micrograms per deciliter) can result in decreased IQ, learning disabilities, and psychological, neurological, and behavioral injuries.
From the insurer's perspective, the best defense to lead poisoning claims begins with educating and monitoring their insureds.

It is essential that property owners take an active role in preventing lead poisoning claims, rather than simply reacting to complaints of lead paint violations.

TRENDS

There are some trends in the arena of lead paint poisoning in Baltimore (as well as nationwide) that should be of enormous concern to property owners:
  1. The Centers for Disease Control (CDC) has repeatedly lowered acceptable blood-lead levels to the point where hundreds of thousands, if not millions, of children are now legally classified as "lead poisoned." Many of those newly classified children will go on to become plaintiffs in lead-based paint poisoning lawsuits.
  2. Various state health departments have consistently lowered the amount of lead permissible in residential paint to the extent that millions of apartment units nationwide may suddenly be in violation of local ordinances and regulations.
  3. Multimillion-dollar verdicts and six-figure settlements are increasingly common in lead-based paint poisoning civil lawsuits. Juries in Baltimore and across the country seem receptive to arguments that children have suffered irreversible neurological impairment as a result of their alleged ingestion of lead paint chips and dust. This alleged impairment - depicted as manifesting itself in loss on intellectual capacity with resultant medical care, loss of earnings, and pain and suffering - if often the basis for exorbitant jury awards rendered against property owners.
Property owners, insurers and property managers are encouraged to contact us directly for further information concerning Baltimore, Maryland lead paint defense at:

www.CharlesJeromeWare.com

Renowned and respected for his extensive trial experiences and legal counselling of thousands of individual and organizational clients, Attorney Charles Ware is also noted for being a prolific author of several best-selling books, numerous information blogs, and hundreds of articles.

Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.

Among attorney and author Charles Jerome Ware's best-selling books are:
(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952
Ware's blogs and twitter include, inter alia:
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MONDAY, JANUARY 21st, 2013: SOME QUOTES FROM REV. DR. MARTIN LUTHER KING, JR. ON HIS FEDERAL HOLIDAY

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, supports this important federal holiday.  www.CharlesJeromeWare.com

Some Quotes From Rev. Dr. Martin Luther King, Jr.:

  • "Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that."
  • "The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy."
  • "Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity."
  • "A lie cannot live."
  • "The function of education is to teach one to think intensively and to think critically. Intelligence plus character - that is the goal of true education."
  • "A man who won't die for something is not fit to live."
  • "An individual has not started living until he can rise above the narrow confines of his individualistic concerns to the broader concerns of all humanity."
  • "I have decided to stick with love. Hate is too great a burden to bear."
  • "History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people."
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REV. DR. MARTIN LUTHER KING DAY in the United States: Monday, January 21st, 2013

Martin Luther King Day is a federal holiday held on the third Monday of January. It celebrates the life and achievements of Rev. Dr. Martin Luther King Jr., an influential and accomplished American civil rights leader. He is most well-known for his campaigns to end racial segregation on public transport and for racial equality in the United States. Rev. Dr. King was also a Nobel Peace Prize recipient, among many other outstanding accomplishments.

The national law offices of Charles Jerome Ware, P.A., Attorneys and Counsellors, supports this well-recognized federal holiday.

www.CharlesJeromeWare.com
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Friday, January 18, 2013

BALTIMORE LEAD PAINT POISONING: Update By Charles Jerome Ware

www.CharlesJeromeWare.com

Professional, Thorough and Noted ("PTN") Attorneys. Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

Childhood Lead-Paint Poisoning (CLPP) cases are an epidemic in the Baltimore City metropolitan area. In fact, so many of these lead paint cases are filed by plaintiffs' attorneys in Baltimore City, particularly, every year that a special "lead paint case" docket exists within the Circuit Court for Baltimore City.

Further, to compound the problems for the defense in these cases, numerous judges as well as commentators suggest that in certain circumstances lead paint poisoning cases are "indefensible".

To be sure, especially in Baltimore City, a lead paint case defendant must retain a good lead paint defense attorney for legal representation in these cases.

Lead poisoning claims can, however, be defended on a number of grounds, including challenging the CDC's assertion that a low blood-lead level (10 to 25 micrograms per deciliter) can result in decreased IQ, learning disabilities, and psychological, neurological, and behavioral injuries.

From the insurer's perspective, the best defense to lead poisoning claims begins with educating and monitoring their insureds.

It is essential that property owners take an active role in preventing lead poisoning claims, rather than simply reacting to complaints of lead paint violations.

TRENDS

There are some trends in the arena of lead paint poisoning in Baltimore (as well as nationwide) that should be of enormous concern to property owners:
  1. The Centers for Disease Control (CDC) has repeatedly lowered acceptable blood-lead levels to the point where hundreds of thousands, if not millions, of children are now legally classified as "lead poisoned." Many of those newly classified children will go on to become plaintiffs in lead-based paint poisoning lawsuits.
  2. Various state health departments have consistently lowered the amount of lead permissible in residential paint to the extent that millions of apartment units nationwide may suddenly be in violation of local ordinances and regulations.
  3. Multimillion-dollar verdicts and six-figure settlements are increasingly common in lead-based paint poisoning civil lawsuits. Juries in Baltimore and across the country seem receptive to arguments that children have suffered irreversible neurological impairment as a result of their alleged ingestion of lead paint chips and dust. This alleged impairment - depicted as manifesting itself in loss on intellectual capacity with resultant medical care, loss of earnings, and pain and suffering - if often the basis for exorbitant jury awards rendered against property owners.
Property owners, insurers and property managers are encouraged to contact us directly for further information concerning Baltimore, Maryland lead paint defense at:

www.CharlesJeromeWare.com

Renowned and respected for his extensive trial experiences and legal counselling of thousands of individual and organizational clients, Attorney Charles Ware is also noted for being a prolific author of several best-selling books, numerous information blogs, and hundreds of articles.

Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.

Among attorney and author Charles Jerome Ware's best-selling books are:

(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888

(2) Understanding the Law: A Primer;
http://amzn.com/1440111456

(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920

(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847

(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952

Ware's blogs and twitter include, inter alia:
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Charles Ware Law Update: Section 202 of the American Taxpayer Relief Act of 2012

Published by the national law offices of Charles Jerome Ware, P.A., Attorneys and Counsellors.

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

www.CharlesJeromeWare.com
The provisions of the Mortgage Forgiveness Debt Relief Act of 2007 that deal with "mortgage debt forgiveness" have been extended though all of 2013 to January 1, 2014.

This debt forgiveness extension will exempt from federal taxation mortgage debt that is forgiven in a loan modification, short sale or deed-in-lieu of foreclosure.

This extended relief is provided in Section 202 of the American Taxpayer Relief Act of 2012 (H.R.8):

SEC. 202. EXTENSION OF EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS.
    (a) In General- Subparagraph (E) of section 108(a)(1) is amended by striking ‘January 1, 2013’ and inserting ‘January 1, 2014’.
    (b) Effective Date- The amendment made by this section shall apply to indebtedness discharged after December 31, 2012.

It appears now that more homeowners will be able to move in 2013 because of this continued short sale tax benefit.

When somebody owes more on their home than what it is worth, they should do a short sale. This will typically be the best solution to have the lightest impact on their credit and their future ability to buy a home.
But without the short sale tax benefit, sellers would have to pay income tax on any debt that was forgiven by the lender. This would cause people to stay in their homes for many more years, thus removing them from the market as sellers and as buyers.
More than 40% of all buyers have a home to sell first, and if the majority of this segment doesn’t get the short sale tax relief, then they are not going to move. This is why home sales have been so slow in recent years, as many homeowners who want to move simply could not.
But with the continuation of the short sale tax benefit, hopefully the majority of upside down homeowners through the market this year can move into new homes.
[www.irs.gov/The Mortgage Forgiveness Debt Relief Act and Debt Cancellation; Publication 4681, Cancelled Debts, Forceclosures, Repossessions, and Abandonments, et al.; www.gop.gov/fdsys/pkg/BILLS/ January 1, 2013; www.businessinsider.com/American Taxpayer Relief Act of 2012]
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The Charles Ware Law Firm Update: THE MORTGAGE FORGIVENESS DEBT RELIEF ACT OF 2007 AND DEBT CANCELLATION EXTENDED TO JANUARY 1st, 2014

Published by the national law offices of Charles Jerome Ware, P.A., Attorneys and Counsellors.

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

www.CharlesJeromeWare.com
The provisions of the Mortgage Forgiveness Debt Relief Act of 2007 that deal with "mortgage debt forgiveness" have been extended though all of 2013 to January 1, 2014.

This debt forgiveness extension will exempt from federal taxation mortgage debt that is forgiven in a loan modification, short sale or deed-in-lieu of foreclosure.

This extended relief is provided in Section 202 of the American Taxpayer Relief Act of 2012 (H.R.8):

SEC. 202. EXTENSION OF EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS.
    (a) In General- Subparagraph (E) of section 108(a)(1) is amended by striking ‘January 1, 2013’ and inserting ‘January 1, 2014’.
    (b) Effective Date- The amendment made by this section shall apply to indebtedness discharged after December 31, 2012.

It appears now that more homeowners will be able to move in 2013 because of this continued short sale tax benefit.

When somebody owes more on their home than what it is worth, they should do a short sale. This will typically be the best solution to have the lightest impact on their credit and their future ability to buy a home.
But without the short sale tax benefit, sellers would have to pay income tax on any debt that was forgiven by the lender. This would cause people to stay in their homes for many more years, thus removing them from the market as sellers and as buyers.
More than 40% of all buyers have a home to sell first, and if the majority of this segment doesn’t get the short sale tax relief, then they are not going to move. This is why home sales have been so slow in recent years, as many homeowners who want to move simply could not.
But with the continuation of the short sale tax benefit, hopefully the majority of upside down homeowners through the market this year can move into new homes.
[www.irs.gov/The Mortgage Forgiveness Debt Relief Act and Debt Cancellation; Publication 4681, Cancelled Debts, Forceclosures, Repossessions, and Abandonments, et al.; www.gop.gov/fdsys/pkg/BILLS/ January 1, 2013; www.businessinsider.com/American Taxpayer Relief Act of 2012]
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MacArthur Fellows Program, aka "GENIUS GRANTS": Charles Jerome Ware --- Attorney/Professor/Judge/College Administrator

www.CharlesJeromeWare.com

THE PROGRAM

The MacArthur Fellows Program awards "unrestricted fellowships" (aka "Genius Grants") to talented individuals who have shown extraordinary originality and dedication in their creative pursuits and a marked capacity for self-direction.

The current amount of the award, $500,000, is paid as quarterly installments over 5 years typically to 20 to 40 awardees each year by the John D. and Catherine T. MacArthur Foundation. Twenty-three MacArthur fellows were named in 2012, and over 850 fellows have been named over the life of the program (since 1981).

Charles Jerome Ware is president of the national law firm Charles Jerome Ware, P.A., Attorneys and Counselors. He is a renowned trial attorney, with several celebrity clients and numerous successful cases to his credit. Headquartered in nearby Columbia, Maryland, and with multiple offices throughout the country, the firm specializes in complex civil and criminal litigation, and catastrophic injury, wrongful death and class action lawsuits.

Ware is a former federal administrative law judge, and he was the youngest immigration judge in the history of the U.S. Additionally, he has served as chief legal and antitrust counsel to the chairman of the U.S. Federal Trade Commission, assistant U.S. Attorney for Maryland and the Eastern District of Virginia, and senior trial attorney in both the antitrust and criminal divisions of the U.S. Department of Justice, as well as executive vice president and general counsel for St. Paul's College, among other positions.

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.

Among attorney and author Charles Jerome Ware's best-selling books are:

(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952
Ware's blogs and twitter include, inter alia:

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