DUI and Drugs

Friday, December 15th, 2017

Law enforcement officers have a number of standard tests for impairment, done at the time a driver is stopped, known as “field sobriety tests.” These tests include walking a straight line by placing one foot directly in front of the other, holding one’s arms straight out at the sides and touching the nose with closed eyes, counting backwards, and reciting the alphabet. Other evidence of impairment may include a law enforcement officer’s observation of the defendant’s driving, which probably was the reason the driver was stopped in the first place. Conduct such as driving too fast or too slowly, weaving across lanes, and going through stop signs or stoplights may be considered evidence of a driver’s impairment. Drivers often will tell an officer who stops them that they have been drinking, how much they’ve had to drink, and when they had it. Such statements may also be evidence of impairment.

Drunk Driving Penalties

In the last twenty years, the penalties for drunk driving have become far more severe than they were in the past. First-time offenders face potential jail time and fines, although often the penalty for a first-time offense will be something less than jail time in exchange for a guilty plea. Repeat offenders are usually treated more harshly, with substantial fines and mandatory jail sentences that may not be suspended or waived by the court. State administrative regulations often call for suspension or revocation of a defendant’s driver’s license in addition to any criminal penalty. Defendants have sometimes tried to make the argument that this administrative suspension is double jeopardy prohibited by the U.S. Constitution, but these arguments have never succeeded. A Palm Beach drug trafficking attorney understands how to handle these types of cases.

Insurance Representation Services

Wednesday, November 15th, 2017


Representation of The Prudential Insurance Company of America in all sales practices matters. In 2002, Our qualified lawyers won a gratifying victory on behalf of Prudential when a Miami federal jury awarded only $66,105 to two plaintiffs, finding that Prudential had not committed any fraud in connection with their life insurance purchases. The jury also found no liability on Prudential’s part and awarded nothing to two other plaintiffs. Two more plaintiffs had all of their claims dismissed before jury consideration commenced. All six of the plaintiffs had opted out of a 1997 class action settlement in which Prudential paid out $4 billion, and had sought billions of dollars in punitive damages.

Our Monroe criminal defense lawyer was instrumental in negotiating a global settlement of claims against Prudential. Our qualified negotiated initially with the Multistate Task Force, a group representing insurance regulators of more than thirty-five states, and subsequently with a group of the principal class action plaintiffs’ firms in the country. The settlement sets up a unique alternative dispute resolution process designed to ensure that each policyholder who was harmed in the purchase of a Prudential policy can obtain appropriate remediation from the company.

Representation of The Travelers Insurance Co. in numerous insurance coverage litigation matters, including major hazardous waste coverage cases involving such insureds as Fairchild Camera & Instrument (now part of National Semiconductor), Signetics Corp., Bridgestone/Firestone, The Budd Company, Tecumseh Products Co., Monsanto, Emerson Electric Co., White Consolidated Products, Deere & Co., Household International and Amoco. We are representing Travelers in connection with litigation with Eljer Manufacturing, Inc., and United States Brass Corporation for coverage of claims arising from allegedly defective polybutylene piping systems. We also represented Travelers in a highly publicized class action that sought to obtain insurance coverage for manic depression and related conditions through the reclassification of these conditions as physical, rather than mental, disorders. Our qualified defeated the motion for class certification, which resulted in the individual plaintiffs subsequently dropping all claims against our client.

Corporate Transactions and Other Services

Wednesday, November 15th, 2017

Corporate Transactions and Organizational Changes

  • Advise clients regarding labor and employment issues arising in corporate transactions and restructurings, including counseling regarding the Worker Adjustment and Retraining Notification Act obligations, litigation avoidance and adverse impact studies in connection with significant workforce reductions.
  • Assist both sellers and buyers in corporate transactions to negotiate and draft agreements incorporating protective representations and warranties regarding labor and employment issues.
  • Assist clients in designing and implementing transaction-related restructurings (such as reductions in force and alterations in benefit structures) so as to avoid litigation.
  • Represent sellers, acquirers, lenders, and institutional investors in connection with mergers, sales and acquisitions. Conduct comprehensive investigations of overall employment operations, including analyses of pending or potential litigation exposure, evaluation of sellers’ labor contracts and ongoing labor relations environments, and determination of the impact of collective bargaining agreements, employee benefits obligations, and/or labor and employment laws on acquirers or other parties, such as joint venture partners.

Affirmative Action Programs

  • Assist clients in drafting and implementing affirmative action plans and complying with applicable regulations.
  • Represent clients in Office of Federal Contract Compliance Programs audits, including negotiation of conciliation agreements.
  • Represent Fox Valley workers comp

Occupational Safety and Health Issues

  • Counsel clients with respect to the development and enforcement of policies involving existing or potential workplace safety and health hazards.
  • Advise clients regarding government investigations and compliance with laws and regulations, such as those involving Occupational Safety and Health Administration standards and requirements.
  • Regularly advise clients about emerging occupational safety and health issues.
  • Advise clients with respect to policies and potential litigation issues involving workplace violence, repetitive motion injuries, and other ergonomic issues and other known or potential dangers.

John Daly sues golf tournament on premises liability cause

Tuesday, July 4th, 2017

John Daly, a golfer known for his hard-hitting drives on the golf course and his headline grabbing behavior off the course, is suing the organizers of the Honda Classic golf tournament. The tournament is held every March in Palm Beach Gardens, Florida. The premises liability lawsuit claims that Daly injured himself while trying to stop his backswing. Daly claims he had to stop his backswing because he became distracted by a fan taking his picture mid-swing. Daly consequently withdrew from the Honda Classic.

The professional golfer filed the Ohio car accident lawsuit in a court at the beginning of the week and claimed that the incident at the Honda Classic exacerbated or reinjured an old injury that was also caused when a fan took a picture with a flash at the 2007 Honda Classic. The rules of the golf tournament forbid onlookers from using photography of any kind. The complaint alleges that the golf tournament organizers were negligent because security at the course allowed the woman onto the course with the camera and failed to remove the spectator after Daly informed security the woman had a camera. Daly is suing for $15,000 in damages.

The woman is a resident of the golf course community where the tournament is being held, and it is not clear whether she went through the usual security screening process.

As established, this is not John Daly’s first camera run-in. During the 2008 Australian Open an onlooker tried to take Daly’s picture, but Daly destroyed the spectator’s camera by smashing it into a tree. Daly has not won a tournament since 2004.



Young Girl Severely Injured in Georgia Truck Accident

Friday, May 5th, 2017

A six year-old Georgia girl suffered serious injuries last week when she was struck by an eighteen-wheeler while she was riding her bicycle.
The girl was apparently hit by the rear trailer tires. The driver did not stop to help her.
The girl experienced catastrophic injuries and was airlifted to Egleston Children’s Hospital in Atlanta. There, she received a blood transfusion and had surgery to repair damaged organs. She also suffered several broken bones. The most recent report on the girl’s condition stated that she still required the aid of a ventilator to breathe and was in critical, but stable, condition.
The truck driver was found later that evening when he stopped to drop off a load at his trucking company. He was arrested and charged with three offenses: leaving the scene of an accident, causing serious bodily injury by motorized vehicle and obstruction of justice.
Police say the investigation into the accident is ongoing. Some witnesses question whether the driver was even aware that he had struck the little girl.
Accident Highlights Need for Legal Representation
The confusion surrounding the circumstances of the accident illustrates the need for victims to consult with experienced Atlanta personal injury lawyers as soon as possible after a motor vehicle accident.
The little girl injured in this collision will likely require extensive – and costly – medical care. Her parents should be focused on taking care of their child, not on fighting with the insurance companies. After an accident, an attorney can focus on resolving insurance disputes so that victims only have to worry about getting better.
Further, it appears that this accident may involve disputes over fault, especially if the driver is claiming he was unaware of the collision. To recover for the girl’s injuries, the family will have to prove the driver was acting negligently. Sometimes, a police investigation can provide the needed proof. Other times, though, private investigators and expert witnesses are necessary. A good lawyer will have access to the best experts that can help injured victims get the compensation they deserve.
If you or a loved one has been seriously injured in a motor vehicle accident, time is of the essence. Contact an personal injury law firm of Rizk Law that can help you fight for justice.

The Skadden Fellowship Foundation

Tuesday, March 21st, 2017

The Skadden Fellowship Foundation, described as “a legal Peace Corps” by The Los Angeles Times, was established in 1988 as an affirmation of the firm’s commitment to public interest law. The foundation, funded by a bequest from the firm, awards 25 fellowships per year to graduating law students and outgoing judicial clerks. Fellows provide legal services to the poor, elderly, homeless and disabled, as well as those deprived of their human rights or civil rights. In recent years, Fellows have also worked on issues concerning economic development and community renewal.

On the occasion of the firm’s 50th anniversary in April 1998, the foundation was reendowed for another 10 years. To honor partner Joe Flom, an additional fellowship was created for the 1998 program year. In recognition of Peter Mullen, the firm’s first executive partner, partner Joe Flom endowed three additional fellowships for 1999. And in 2000, in recognition of program director Susan Butler Plum, Joe Flom endowed two additional fellowships, bringing the total number of Fellows and alumni to 306. Since the inception of the program, almost 90 percent of the Fellows have remained in public interest or public sector work.

The aim of the foundation is to give Fellows the freedom to pursue their interests in public interest work. Therefore, the Fellows create their own projects before they apply.

Fellowships are awarded for one year, with the expectation of renewal for a second year. Skadden provides each Fellow with a salary (for the class of 2000, the salary will be $37,500) and pays all fringe benefits to which an employee of the sponsoring organization would be entitled. For those Fellows not covered by a law school income protection plan, the firm will pay a Fellow’s law school debt service for the duration of the fellowship.

We wish to note, however, that the fellowship program is not a substitute for the firm’s considerable pro bono efforts. Skadden, Arps is a charter signatory of the American Bar Association’s Pro Bono Challenge, which pledges us to commit the equivalent of three percent of the firm’s billable hours to pro bono work. Our illinois credit card debt defense attorneys are engaged in a range of pro bono and community activities. The foundation and fellowship program were created to complement these efforts, as we believe there is no substitute for full-time public interest work.

Oil rig worker sues company after slip-and-fall accident

Tuesday, March 21st, 2017

Slip-and-fall accidents can happen in many places, including an employee’s place of work. Companies should take steps to try to ensure that hazardous conditions that can cause these types of accidents are not present in locations where people work. Recently, a man brought a lawsuit in Louisiana against several companies that allegedly failed to do this.

The case involves a man who worked aboard an oil rig. The case centers around an incident which allegedly occurred on November 8, 2010. That day, the man was going down a set of stairs on the oil rig and allegedly slipped and fell. The man claimed that he slipped on some antifreeze that was on the ground. The man says that this accident caused him to sustain injuries to his arm, shoulder and spine.

The man claims that his accident was caused by the negligence of several of the companies that were connected to the operation and maintenance of the oil rig. The man claimed that these companies failed to maintain a safe work environment in many respects. This included failing to take steps to ensure that hazards like the antifreeze were quickly removed and failing to warn workers of these types of hazards. The man has now sued these companies in connection to this alleged negligence.

When a person is at their place of work, they expect that steps are being taken to ensure that they aren’t exposed to dangerous hazards which could cause slip-and-fall accidents. When companies fail to live up to these expectations, it can result in workers suffering injuries. Thus, one hopes that companies are making sure to avoid negligent conduct like that alleged in this case.



Head-on collision in California results in fatality

Friday, March 10th, 2017

Head-on car accidents sometimes result in an individual’s death. This can be seen in a head-on collision that occurred over the weekend in California.

The accident happened on Sunday near Bonsall, California. Reportedly, that afternoon, a car was traveling east along Route 76. The car was being driven by a 53-year-old woman.

The car was then struck head-on by a westbound pickup truck that had crossed onto the road’s eastbound side.

Allegedly, the pickup truck was moving erratically in the moments leading up to the crash. The pickup truck’s driver, a 22-year-old man, reportedly is suspected of having been under the influence at the time of the accident. He was arrested after the crash. Included among the charges the man is facing are charges of a Golden, CO DUI and gross vehicular manslaughter.

The 53-year-old woman died as a result of this head-on auto collision. The crash also caused the 22-year-old man and three passengers of the 53-year-old woman’s car to suffer injuries.

As this tragic incident shows, head-on motor vehicle accidents can sometimes result in a fatality.

Thus, it is very important for motorists in California to do everything they reasonably can to prevent head-on auto collisions. This includes making sure to not engage in reckless conduct (like driving while under the influence) when out on the roads. It also includes doing everything one reasonably can to not interfere with opposing lanes of traffic when driving.

One hopes that motor vehicle drivers will do what they can to help keep California’s roads safe.

Midwife must pay $3M for causing birth injury

Monday, March 6th, 2017

Birth injuries caused by medical malpractice can result in severe injuries to a newborn  child. Birth injuries cause a variety of disabilities such as cerebral palsy, brain damage and death. If a child survives a birth injury the resulting disability will likely require intensive medical treatment which is beyond the means of most  families.

One disabled girl recently filed a medical malpractice lawsuit against a midwife and a hospital for birth injuries that left her deaf, blind, and severely retarded. She cannot speak or walk. The girl is dependent on her parents and is fed through a tube. The girl and her parents allege that a midwife was at least partially responsible for the girl’s injuries because she failed to notice fetal distress despite a fetal monitor’s notice of the problem.

The girl’s attorney believes that although she has Kabuki Syndrome, the syndrome does not explain all of her injuries. The attorney successfully argued before a jury that the midwife’s failure to act based on the signs of fetal distress resulted in brain damage because of the lack of oxygen going to the girl’s brain.

Jurors dismissed any allegations that the hospital was responsible for the girl’s injuries but held the midwife accountable. The midwife also lost a birth injury lawsuit in 2007. The family involved in that lawsuit alleged that the their son had cerebral palsy because the midwife failed to recommend an emergency cesarean section. The jury in that case voted 6-2 to award over $6.5 million to that child and his family.

Police crackdown leads to 15 drunk driving arrests

Monday, February 20th, 2017

In a previous post we discussed a study on the relationship between the blood alcohol level of a driver and the severity of a car accident. The study found that even a 0.01 blood-alcohol level led to accident injuries that were on average 37 percent more severe than those experienced by individuals involved in accidents with completely sober drivers. The average severity of personal injuries and the average speed of car accident increased with every 0.01 percent blood alcohol level reading.

The study confirmed the well known fact that drunk drivers are more likely to cause a serious car accident than completely sober drivers. The number of drunk drivers increases during summer months making  roads more dangerous. The increase in summer-holiday-related drunk driving incidents is why  state police ramp up law enforcement efforts during the summer.

State Police Officers arrested 15 drivers for drunk driving last weekend during a DUI crackdown. The crackdown is dubbed “Checkpoint Strikeforce” and is part of a series of anti-drunk driving campaigns nationwide. The hope is that these campaigns will decrease the number of drunk drivers and thereby also decrease the number of personal injuries arising from drunk driving car accidents.

The New Castle County DUI Task Force,  State Police Troop 5, and the Millsboro Police Department conducted drunk driving saturation patrols and five checkpoints throughout the state. Upcoming patrols and checkpoint sites include Newark, Smyrna, Georgetown, and Clayton. Police plan on conducting the saturation patrols and DUI checkpoints for the rest of the year through New Year’s Eve.