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There are many situations in which injury or wrongful deaths occur at work or at home.  This brief article focuses on how a lawyer analyzes fault on the part of the manufacturer or contractor in accident scenarios.  Many consumer or industrial products and settings can be dangerous, not due to fault of the consumer operator, but for lack of accident prevention in the design or planning of the product or operation.  These principles of accident prevention apply where there is potential exposure of the consumer or worker to hazardous conditions or features of a product or operation. A list of…
That firm must be a good one if they’re on a billboard, right?  That depends.  Billboard attorneys and firms are usually volume-based and are what some legal commentators refer to as “settlement mills.”  This article will give an overview of these volume-based firms. A volume-based firm needs hundreds or thousands of cases to come through their door every month.  They will rarely turn down a case and they settle cases as soon as possible.  Unfortunately, this sometimes means asking their clients to settle for less to speed up the process.  The reason for this is the economics of running a…
On October 2, the filing fees USCIS charges for many of its applications and petitions will change. The rule change published on August 3, 2020 also removes certain fee exemptions and changes fee waiver requirements. Furthermore, the premium processing time limit is being extended. Filing an application, petition, or request postmarked on or after October 2, 2020 requires the correct new fee or USCIS will reject it. For employers who sponsor workers, the fees are increasing. For example, the fee to sponsor an employee’s L visa is increasing 75 percent. Before the rule change, USCIS charged $460; the new fee…
In the normal delivery of an infant, the mother’s contractions and voluntary pushing help the baby move through the birth canal to delivery. However, sometimes there are complications that prevent the normal progress of the baby through the birth canal. One such complication is shoulder dystocia. Shoulder Dystocia Injuries are Preventable. Shoulder dystocia is a relatively uncommon occurrence, happening in between 0.5-3% of deliveries. (Gherman, RB. Shoulder dystocia: an evidence-based evaluation of the obstetric nightmare. Clin Obstet Gynecol. 2002 Jun. 45(2):345-62.) This complication occurs in vaginal births when one or both shoulders of the infant becomes impacted or “stuck” against…
THERAPIST ABUSE – DO I HAVE A CASE? author: Fletcher Carpenter This article will help answer your questions about whether you can sue a therapist, psychologist, or other mental health counselor. Therapists, psychologists, and other counselors are generally subject to the same principles of negligence that govern other professionals – so yes, you can sue them for negligence or abuse. In this article, when I use the word therapist, I really mean any mental health professional. The most common form of therapist abuse is sexual abuse. Unfortunately, this is much more common than people realize. It is as old as the…
H4 EAD Rule Updates In the Future? H4 EAD Rule As of now, H4 EADs remain on the Regulatory Agenda for Removal. This means the Federal government is taking the necessary steps to remove the law that allows H4 visa holders to obtain an employment authorization card.   Although removing the rule appears to be a priority of the Trump administration, the good news is it doesn’t appear the rule will be published any time soon. Therefore, H4 EAD holders can continue working and H4 visa holders can apply for initial EADs or renewals, if they qualify. Before we discuss…
Family Law Attorney Jonathan D. Brooks takes a look at Jeff Bezos’ $140 billion divorce What happens when the richest human beings on the planet file to dissolve their marriage in a community property state, when, by all public accounts, they don’t have a premarital agreement? We will likely learn the answer to this question in the coming months (and years). In January, Jeff Bezos publicly announced that he and his wife, MacKenzie Bezos, planned on filing for divorce. Bezos is the founder and CEO of a little company called Amazon. The couple married in 1993 and Amazon was founded…
Family Law Attorney Jonathan Brooks Provides Pointers on How to Protect Your Privacy During Divorce Dissolving a marriage can be an emotional rollercoaster and the process can bring out the worst in a spouse. With that in mind, it is imperative to take proactive measures to ensure that your privacy is protected and that you don’t become a victim of digital spying. Attorney Jonathan Brooks shares how to protect your privacy during divorce. In this day and age, there are many tools available to a controlling spouse to assist them with digital spying, tracking their spouse’s location, or recording private…
Mesa, Arizona is such a wonderfully gorgeous area in the west of the United States, but sadly as with many other states often times people can get injured due to the negligence of another person. The result of this causes a lot of different potential situations, and in deciding to hire an experienced team of Mesa personal injury lawyers you’ll be able to properly relax with the knowledge that you’re being taken care of in the event something does happen to you or your family. Here at Udall Shumway we’re fully aware that one can experience economic loss such as…
When Is Spousal Support Awarded? Spousal support, known in Arizona as Spousal Maintenance, is not automatically ordered in all divorce cases in Arizona. Judges have wide discretion in determining when to award spousal maintenance and in what amount. Types of Spousal Maintenance Arizona has three different forms of spousal maintenance that a court may order. These include: Indefinite Duration Spousal Maintenance – This is the kind of spousal maintenance that most people associate with “alimony.” It includes an ongoing award of maintenance without an end date. In Arizona, this type of spousal maintenance may be ordered when the recipient spouse…
How Does the Court Determine Division of Property and Debts? It is common for spouses going through separation or getting a divorce not to agree on how their property and debt should be divided. If they are unable to reach an amicable agreement, the court may make division of property and debts determinations by applying Arizona law to the matter. Community Property Arizona is a community property state, meaning that the law presumes that property or income acquired during the marriage is the equal property of both spouses.  This presumption continues, and newly acquired property will continue to be considered community,…
What Types of Parenting Time Arrangements Can We Make? Arizona uses the term “parenting time” rather than “visitation” or “custody.” This refers to the time that a parent physically has his or her children in their care. This is a different designation than legal decision-making authority, which is the right to make important decisions regarding your children. Here are some options for parenting time arrangements: Who Decides Parenting Time Arrangements? Parenting time arrangements can be decided by the parents by agreement or ordered by the court. If the parents do not reach a decision, one of them can petition the…
Why an Order of Protection Is Necessary in a Domestic Violence Case Victims of domestic violence may be able to obtain an order of protection to prevent further abuse. A family law attorney can explain the process of acquiring an order of protection and the limitations of this legal device in a domestic violence case. Prevention against Abuse The primary purpose of an order of protection is to prevent further abuse from occurring. It prohibits an alleged abuser from having contact with the victim who requests the order. Contact that can be prohibited includes: Being at or near the victim’s…
What Are the Financial Mistakes to Avoid after Divorce While divorce can be an emotionally trying time, the financial impact of divorce can last years after the heartbreak. Before you sign a divorce settlement, be sure that you get competent legal advice from an experienced family law attorney. Know what financial mistakes to avoid after divorce. Holding onto the House Many spouses are terrified of the thought of losing their home. They may hold onto this asset desperately, often exchanging more liquid assets for the home. However, it is important for spouses to understand that the true value of their…
What Paternity Rights Exist if I Wasn’t Married to Mother? While married parents have equal rights to their children if they decide to get divorced, this is not the same for unwed parents. If you were not married to the mother, you may not have any paternity rights until you do one of two things. Basic Rule Arizona family courts do not order decision-making or parenting time (previously known as custody or visitation rights) to unmarried fathers until paternity is proven. Even if the father has been involved in the child’s life and has an established relationship with his child, paternity must…