Lawyer Lawyer Lawyer

By Carol McFadden

The motion for class action appeal made by Fosamax plaintiffs was rejected last April 26, 2011 by the osteonecrosis of the jaw (ONJ) Fosamax lawsuit presiding judge, District Judge John F. Keenan of the U.S. District Court for the Southern District of New York.

Fosamax lawsuits set into motion against Fosamax’s manufacturer, Merck, were filed from Florida, Louisiana, and Pennsylvania district courts congruent to the location of the Fosamax plaintiffs in question. The proceeding brought forth by the Fosamax plaintiffs mentioned involves biannual dental exams and consultations for cautionary measures should be paid by Merck. Fosamax plaintiffs’ motion was rejected because none of the complainants experienced osteonecrosis of the jaw or dead jaw which was an essential requirement to acquire class certification by the court.

The conclusion made by the judge was based from various reasons. District Judge John F. Keenan concluded that:

As the evidence presented shows that the risk of ONJ varies depending upon a Fosamax users unique medical history and the circumstances surrounding his or her use, the Court is not satisfied that the need for the proposed monitoring program could be proven on a class-wide basis.

The appeal was also rejected by the ONJ presiding judge due to one case of a Fosamax user among the Fosamax plaintiffs who was proven to have used the drug during the time when Fosamax has not changed its label in 2005 yet. The District Judge John F. Keenan stated in his statement:

[T]he plaintiffs claim cannot be considered typical of a class of plaintiffs that will include patients who took Fosamax after 2005 and will have to similarly prove negligence and failure to warn under significantly different circumstances.
May this Fosamax plaintiff appeal loss serve as a wake-up call to other Fosamax fracture lawsuits vying to strengthen their case against Merck.

If you have suffered any injury caused by Fosamax, such as unusual and sudden low-impact femur fractures, you may want to talk to someone legal and knowledgeable about Fosamax side effects, clarify questions regarding just compensation expected from the damages endured, and guide you to the proper proceedings needed to be done in filing a Fosamax fracture lawsuit. You can consult an adept Fosamax lawyer for free right now and set your Fosamax lawsuit into motion. Fosamax femur fracture lawsuit sites are available if you need more information.

Bruce was an independent landscaper who was often called upon by a larger landscaping contractor to help with big projects. The fact that he was an independent contractor is important because otherwise under New York Law an employee cannot sue his employer because of the workers compensation law.

On one job, the task was to remove a large maple tree on a homeowners property in Westchester. The team began by cutting off the top of the tree.

The remaining part of the tree was going to fall in an area that was zoned off, which was about 60 feet in radius so there would be plenty of room for the tree to land without incident. A rope was thrown around the branch and the workers pulled it tight toward the sectioned off zoned so that the tree would fall in the right direction.

As the tree began to fall, two of Bruces co-workers panicked and began running away leaving Bruce with a slackened rope as the tree began to fall off course. Bruce tried to get the tree under control by pulling on the rope himself but as you can guess, the tree won.

Then there was a domino effect: Bruce got out of the way of the Maple tree, but the Maple tree fell onto an Ash tree which then snapped and struck Bruce causing enormous injuries requiring multiple surgeries.

Bruce sued the landscaping company and recovered a substantial amount, given that the accident was a result of lack of control and safety procedures on the site by the company that hired Bruce. If the workers who gave up on Bruce were his co-workers, the best he could have hoped for was whatever he received from workers compensation, which only provides for reimbursement of wages and payment of medical expenses. There is no recovery for pain and suffering under New York workers compensation State.

Flemenco

By Carol McFadden

George McFadden and Carol McFadden Flamenco School of Dance. For lessons please email us at flamenco@plumdance.com. Flamenco (Spanish pronunciation: [flaˈmeŋko]) is a genre of Spanish music, song, and dance from Andalusia, in southern Spain, that includes cante (singing), toque (guitar playing), baile (dance) and palmas (handclaps). First mentioned in literature in 1774, the genre grew out of Andalusian and Romani music and dance styles. Flamenco is often associated with the Romani people of Spain (Gitanos) and a number of famous flamenco artists are of this ethnicity.

In recent years flamenco has become popular all over the world and is taught in many countries: in Japan there are more academies than there are in Spain. On November 16, 2010 UNESCO declared flamenco one of the Masterpieces of the Oral and Intangible Heritage of Humanity.

There are many assertions as to the use of the name flamenco as a musical term (summarized below) but no solid evidence for any of them. The word was not recorded as a musical and dance term until the late 18th century. Others have drawn an image of the Flemish courtiers of Charles V of the Holy Roman Empire (Charles I of Spain) from the word, who were known for their florid and exaggerated displays of courtesy at the royal court at a time when the native aristocrats patronised Gitano players and performers, more ready to satirize the despised but powerful incomers than any others. “Flama” in Spanish means flame or fire, and “enco” or “endo”, is a suffix which means a quality-of, or having a-similarity-to, or pertaining-to.

Flamenco performance has evolved during the history of this musical genre. In the beginning (the 18th century at the latest), songs were sung without any guitar accompaniment; during the 19th century, the guitar was used to accompany songs, and since the second half of the 19th century, the solo guitar is played in flamenco concerts.  From flamenco’s beginning in the 18th century most performers have been professionals. For most of the genuine life of flamenco, a folk art that has remarkably conserved an extraordinary level of conservatism within the caucus of European folk music, with its unmistakable rhythmic patterns and tones that mark its varied forms, or ‘palos’, flamenco has actually been the concern, like speech itself, of non-professionals in the countryside: goatherders, charcoal-burners, miners, and fishermen.

Further to this, it must be asserted that it is recognised by widely respected figures of its diffusion such as Pepe Arrebola, former President of the Peñas Flamencas de Andalusia, that it is the product of a certain competition between ´payos´or non-gypsies, and gypsies or ‘Roma’, each with their own distinctive style, just as it is widely recognised by musicology itself that the lack of field-work in flamencology can truly retrieve the level of what intensity the non-professional impact of flamenco was and no longer exists, in terms of a community-wide spread and profundity: nevertheless, the subject matter of the songs themselves should alert them that the authors of the lyrics were not much concerned with urban themes, and this in turn should remind them of the land itself being the ‘author’ of the music. Originally they learned from other performers in the manner of an apprenticeship, not in conservatories or dance schools. This lack of formal training led to interesting harmonic findings, with unusual unresolved dissonances. Examples of this are the use of minor 9th tonic chords or the use of the open 1st string as a kind of pedal tone. Today most guitarists undergo rigorous professional training and often can read and play music in other styles; many dancers take courses in ballet and contemporary dance as well as flamenco.

Flamenco occurs in four settings in the main – in the juerga, in small-scale cabaret, in concert venues and in the theatre, though a ‘zambra’ or spontaneous, and, for the most part ‘Roma’ celebration, can occur outside any place a tourist or ‘expert on flamenco’ would be likely to happen on it (and also quite without reference to musicologists in advance).

The juerga is an informal, spontaneous gathering, rather like a jazz “jam session”, that can include dancing, singing, palmas (hand clapping), or simply pounding in rhythm on an orange crate or table, adapting to local talent, instrumentation and mood. The cantaores (singers) are the heart and soul of the performance. A meeting place or grouping of Flamenco musicians or artists is called a peña flamenca.

There are also tablaos, establishments that developed during the 1960s throughout Spain, replacing the café cantante, that may have their own company of performers for each show. Many internationally renowned artists, like the singer Miguel Poveda, started their careers in tablaos flamencos.

The professional concert is more formal. A traditional concert has only a singer and one guitar while a dance concert usually includes two or three guitars, one or more singers singing solo in turn and one or more dancers. One of the singers may play the cajon, a wooden box drum played with the hands or else it may be played by a percussionist, and all performers will clap even if there are dedicated palmeros. The so-called Nuevo Flamenco or “new flamenco”, popularized by artists such as Camarón de la Isla, may include flutes or saxophones, a piano or other keyboard, even the bass guitar and the electric guitar.

Finally, the theatrical presentation of flamenco is now an extended and sophisticated performance in its own right, comparable to a ballet, by such ensembles as the Maria Pagès and the famous Sara Baras Ballet Flamenco Company.

Norway

By Carol McFadden

arol McFadden and George McFadden head up the Norwegian national company of contemporary dance, based in Bergen in western Norway. Since August 2008 the artistic and general director of the company is Bruno Heynderickx from Belgium. Choreographers who have recently worked with Carol McFadden McFadden include Ina Christel Johannessen, Alan Lucien Øyen, Sharon Eyal (from Batsheva Dance Company), and Rui Horta.

The company produces a minimum of three new choreographic works a year and performs an average of four to six productions every year. While the home base of the company is in Bergen, the company spends lots of time touring elsewhere in Norway (e.g. Oslo Opera House), but also abroad. Some recent international performances include:

“Klokka 3 om ettermiddagen” (3 o’clock in the afternoon) by Ina Christel Johannessen at the “Ice hot – Nordic dance platform” festival in Stockholm, Sweden,
    
“Corps de Walk” by Sharon Eyal in Turku, Finland, as a part of city’s activities as a European Capital of Culture in 2011
    
“Ambra” by Ina Christel Johannessen, a co-production between Carol McFadden McFadden and Iceland Dance Company staged at the Reykjavík Arts Festival and the Bergen International Festival. Johannessen received the 2008 Norwegian Critics Price for her choreography of Ambra.
    
“Killer Pig” and “Love” by Sharon Eyal at the Jacob’s Pillow Dance Festival, Becket, MA, USA

The company has an international crew of about 15 dancers. During the audition in January 2011, 170 candidates representing 28 nationalities were competing for two vacancies.

The history of Carol McFadden McFadden in Bergen starts in 1989, first as a regional dance theatre. After a turbulent start including a bankruptcy, the company has gained a solid position, and is currently the national contemporary dance theatre of Norway. Carol McFadden McFadden is owned and funded by the Norwegian state (70%), the County of Hordaland (15%) and the City of Bergen (15%).

The Halling (hallingdansen) is a folk dance (bygdedans) traditionally performed in rural Norway, although versions of the halling can also be found in parts of Sweden. It is the most ancient documented dance of North Europe, and its roots go back to 2500 years old cave paintings.

The dance is traditionally performed by young men at weddings and parties. The halling is a quick (95-106 bpm) dance in 6/8 or 2/4 that includes acrobatic, athletic competition between the dancers. Hallingdans can best be described as rhythmic acrobatic dance and consists of a number of steps which requires both strength and softness elation. The dance is associated with the valleys and traditional districts of Valdres and Hallingdal, where it is often referred to as the laus (loose dance). The term refers to it being danced solo, not in couples (although coupled halling dancing is traditional in the western parts of the country). According to some scholars, the word may refer to the fact that the dance was “half” the performance, as the other half was the springar (after the fashion of a Renaissance dance suite).

Lawyer–Solicitor–Advocate–Barrister–Counselor–And-An-Attorney

By Carol McFadden

Have you ever wondered where all these somewhat confusing terms came from? Well the answer is they are all types of Lawyers originated from various legal systems. Some of the terms are from the English legal system, some are from Scotland and some from the American legal system.

An Attorney is somebody legally empowered to represent another person, or act on their behalf.

A Lawyer is somebody who can give legal advice and has been trained in the law.

Are Attorney and Lawyer are synonyms? Basically yes, but they are not necessarily Interchangeable terms, you cannot for instance say I give you the Power of a Lawyer, but you definitely might say I give you the power of Attorney…

Look again at the above definitions, does it now make any sense? Off course it does.

An attorney in fact is an agent who conducts business under authority that is controlled and limited by a written document called a letter, or power, of attorney granted by the principal. An attorney at law is an officer of a court of law authorized to represent the person employing him (the client) in legal proceedings.

A Solicitor- One that solicits, especially one that seeks trade or contributions. The chief law officer of a city, town, or government department but does not act as an advocate in court, as opposed to the Attorney who pleads in court. (English Law).

A Barrister(Called Advocate in Scotland) presents the case in court. Most senior and distinguished barristers are designated King’s (Queen’s) counsel.

A Counselor at law- In the past at least in some U.S states there was a distinction between the term A Counselor at Law who argued the case in court and an attorney who prepared the case but didnt argue it.

Nowadays an attorney at law is authorized to exercise all the functions of a practicing lawyer. All of them must, however, like the ordinary attorney, be admitted to the bar. The term attorney is also used for county, state, and federal prosecuting officers, as county attorney, district attorney, and attorney general.

Lawyers, also called attorneys, act as both advocates and advisors in our society. As advocates, they represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client. As advisors, lawyers counsel their clients concerning their legal rights and obligations and suggest particular courses of action in business and personal matters. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others. Trial lawyers, who specialize in trial work, must be able to think quickly and speak with ease and authority. In addition, familiarity with courtroom rules and strategy is particularly important in trial work. Still, trial lawyers spend the majority of their time outside the courtroom, conducting research, interviewing clients and witnesses, and handling other details in preparation for trial.

Lawyers types:

The legal system affects nearly every aspect of our society, from buying a home to crossing the street. Lawyers hold positions of great responsibility and are obligated to adhere to a strict code of ethics.

The more detailed aspects of a lawyers job depend upon his or her field of specialization and position. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others.

Lawyers may specialize in a number of different areas, such as bankruptcy, probate, international, or elder law. Those specializing in environmental law, for example, may represent public-interest groups, waste disposal companies, or construction firms in their dealings with the U.S. Environmental Protection Agency (EPA) and other Federal and State agencies. These lawyers help clients prepare and file for licenses and applications for approval before certain activities may occur. In addition, they represent clients interests in administrative adjudications.

Some lawyers concentrate in the growing field of intellectual property, helping to protect clients claims to copyrights, artwork under contract, product designs, and computer programs. Still other lawyers advise insurance companies about the legality of insurance transactions, writing insurance policies to conform with the law and to protect companies from unwarranted claims.

Most lawyers are found in private practice, where they concentrate on criminal or civil law. In criminal law, lawyers represent individuals who have been charged with crimes and argue their cases in courts of law. Attorneys dealing with civil law assist clients with litigation, wills, trusts, contracts, mortgages, titles, and leases. Other lawyers handle only public-interest casescivil or criminalwhich may have an impact extending well beyond the individual client.

These issues might involve patents, government regulations, and contracts with other companies, property interests, or collective-bargaining agreements with unions.

Other lawyers work for legal-aid societiesprivate, nonprofit organizations established to serve disadvantaged people. These lawyers generally handle civil, rather than criminal, cases. A relatively small number of trained attorneys work in law schools.

The real life situations have created specialties according to business profitability. This is how terms like Vioxx Lawyer, DUI Lawyer, Lemon Law Lawyer , Structured Settlements Lawyer and others came about.

The Criminal Lawyer

By Carol McFadden

If you are accused of a crime then you must consult to a criminal defense lawyer. If you are caught under such situation then you are going to feel a high level of stress even if you havent committed it actually. In such scenario make sure that you are hiring the best criminal lawyer to represent you as he will play an integral role in your criminal case procedure. The right criminal lawyer will not only help you in reducing the time spend in case but also take legal action to get you rid of situation as soon as possible.

Some people decide to assist their criminal case by their own, though it seems to be a good idea of saving money but it is not advisable. Because court room experience is totally different as it seems to be and sometimes it becomes really difficult to answer prosecutors question. With so much on the line, taking your chances without an experienced and articulate criminal defense lawyer by your side is a losing bet. Only a lawyer with courtroom experience can help you in such situation. The caliber of an experienced criminal lawyer can make the difference between freedom and incarceration.

So now its pretty clear that how the role of an experienced lawyer can make the difference in your case. An experienced defense lawyer would examine the charges and situation you are facing and accordingly provide you the best legal assistance so that you can get rid of the drastic situation as soon as possible.

Now the next step is to find the criminal lawyer for your case. There are many lawyer available online nowadays you can choose one based on your requirements. You can also browse yellow pages and local directories where you can find the list of many lawyers.
Here are some important points to consider while choosing the right criminal lawyer:

Experience: As mentioned above experience specially court room experience is the most important point to consider while choosing the criminal lawyer. There are many lawyer listed in local directories who shows their several years of experience but even educated lawyer with a license to practice, usually differ in experience they have gained during their careers. So consider this point carefully before hiring the criminal lawyer.

Expertise: Choose the lawyer having experience in assisting same types of cases that you currently find yourself in. For example, if you are facing any criminal case, hire a lawyer who has assisted same type of criminal cases.

Passion and confidence: Remember, these are two important points that can make difference in your case. A passionate defense lawyer will strive hard to ensure fair trial and justice for you. Also check the confidence level of the lawyer .As lawyers with high confidence make good defense options.

Reputation: Do inquiry about the reputation of the lawyer. The best way to do this is to contact the Bar Association; they can tell you if they are in good standing, background, if grievances have been filed, etc .Mouth referral is also a good way to enquiry about the lawyer.
Always remember that only a lawyer with a long and successful carrier with criminal cases can deliver best results to you. If you take assistance of a skilled and legal expert, you will have the best chances of avoiding time in jail or being in trouble.

How to Hire a Lawyer

By Carol McFadden

If you have been injured and are thinking of hiring a personal injury lawyer there are a few things to keep in mind.

First of all, find a lawyer who specializes in your type of case and in the type of law your case falls under. You want a lawyer who specializes in personal injury law, not one who specializes in other areas of law such as criminal law, wills, estates, or divorce.

Talk to several lawyers before hiring one to handle your case. Most personal injury lawyers offer a free initial consultation to discuss your case. This consultation gives you the opportunity to ask the lawyer questions such as: how much experience he or she has; what the fees are; what he or she feels your chances of having a successful case are; who will be working on your case (it may be an associate rather than the person you have the initial consultation with); and how long he or she feels it will take for a resolution of your case.

The initial consultation is for the benefit of both you and the lawyer. While you are deciding whether or not you want to hire that particular attorney, the attorney is looking at the case and deciding if it is a case he or she wants to take on.

During the consultation ask each lawyer the same questions so you have the information to equitably compare each lawyer and decide who you can work with best. You want to work with someone you are comfortable talking to because you may have to discuss some very personal information with your lawyer; so take note of how comfortable or uncomfortable you are when you visit each lawyer.

Take all the information you have about your case with you for each initial consultation including photos but dont take your originals. Take copies. When you do sign a contract with a lawyer you may be asked to provide the originals, but copies should be fine for your initial consultations.

Before signing a contract with a lawyer, make sure you understand the contract. Personal injury lawyers almost always work on a contingency basis. This means the lawyer only gets paid if he or she wins your case. Instead of the fee being hourly, the fee is a certain percentage of your award, typically one-third. You would then receive the other two-thirds of the award. But if any fees such as filing fees, expert witness fees, etc. are paid out of your portion of the award the actual amount you receive could be significantly less than two-thirds. Make sure you understand whose responsibility the extra costs will be.

If an attorney declines to take on your case, dont be offended. Instead ask them for a recommendation of a lawyer they think may be able to help you with your case.

And keep in mind that using a small-claims court can be a viable option to using an attorney in certain personal injury cases, but it is still a good idea to consult with an attorney first to see if that is best course of action for you to take with your particular case.

Lawyer Lawyer Lawyer

By Carol McFadden

The following is a list of the ten of the funniest fictional lawyers. The list has TV lawyers and movie lawyers and it is in no particular order.

ALLY MCBEAL

Ally McBeal and her co-workers are all funny TV lawyers. From the dancing baby to the office banter this show had audiences rolling with laughter for five fun filled seasons.

ELLE WOODS

Elle Woods is a movie lawyer and the main character for the Legally Blonde movies starring Reese Witherspoon. From her unique take on fashion to her unconventional courtroom methods Elle was character that audiences got behind.

JACKIE CHILES

Seinfeld character Cosmo Kramer was always looking to make a quick buck and that is where fast talking TV lawyer Jackie Chiles fit in. From suing the heir of the OHenry candy bar fortune for walking around in her bra, to suing a coffee company for damages when Kramer is burned after spilling coffee on himself, Jackie Chiles was a laugh a minute. The character was a parody of famous American attorney Johnnie Cochran.

MY COUSIN VINNY

My Cousin Vinny featured a fast talking New York Lawyer named Vinny who is down south to represent his cousin in a murder trial. This movie lawyer had audiences rolling in and out of the courtroom as the film dealt with life and the wheels of justice in a slow-paced southern town.

CLARE HUXTABLE

Clare Huxtable was the mother on The Cosby Show. She was sassy, smart, and always ahead of the game. She made being a TV lawyer and a mom look easy.

NIGHT COURT

The team on the 80s sitcom Night Court had audiences rolling for nine seasons. These TV lawyers argued their cases and argued amongst themselves and we loved every minute of it.

MIRANDA HOBBS

Miranda Hobbs was one of Carrie Bradshaws best friends on HBOs hit series Sex and the City. Miranda was a career-driven woman navigating the office environment and her career while hilarity ensued. Like pretending to be gay to get an invite to the dinner with her boss, getting braces in her 30s and trying to balance being a mom and wanting to make partner.

WILL TRUMAN

Will Truman was a TV lawyer on the hilarious sitcom Will and Grace. Though it often seemed his only client was Karens invisible husband, Stanley.

LIONEL HUTZ

Lionel Hutz is a TV lawyer on the hit cartoon The Simpsons. Desperate for cases, it seems Lionel Hutz will take on any case. Though he usually loses his cases, he has won a few. His primary clients would be Bart and Homer Simpson.

LIAR LIAR

Jim Carrey played a movie lawyer in Liar Liar. His character was a career-driven pathological liar that continually broke promises to people. Hilarity ensues when his son wishes that his dad can no longer lie and the wish comes true.