The Diocese of Rockville Centre suffered a setback in court this week when Nassau County Supreme Court Justice Steven Jaeger denied the Diocese’s motion to stay the lawsuits.  The Diocese has argued that the lawsuits may force it into bankruptcy. The Diocese of Rockville Centre filed its own lawsuit last November to fight the constitutionality of New York’s Child Victims Act that was passed in February 2019 allowing victims of childhood abuse — for a one-year period to bring claims regardless of when the abuse occurred. The Diocese, which serves more than 1.4 million Catholics in Nassau and Suffolk counties, has since asked for 86 sex abuse cases brought against it to be put on hold pending an appeal of their case fighting the CVA. The Diocese argued the… [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/shutterstock_594283319@medium.jpgA pedestrian lost his life on Sunday night as he was walking along a ramp off a busy Volusia County highway. The victim was a 67-year-old Deland man. He was struck by a car driven by a 21-year-old Deltona man as he was walking on the shoulder of the ramp leading from State Road 472 to the northbound lines of U.S. Highway 17-92. He succumbed to his injuries and died shortly after he was transported to AdventHealth in Orange City, FL. Pedestrian deaths are not uncommon in Volusia County. According to a 2019 study released by National Complete Streets Coalition, a program of Smart Growth America, Florida holds eight of the top ten most dangerous places … [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/waterslide-raft@medium.jpgAt least 115 park guests have reported being injured on the popular water slide attraction, Punga Racers, at Universal Orlando’s Volcano Bay, according to court documents recently released in an ongoing personal injury case against Universal. This information has come to light following a lawsuit filed by a park guest from New York who was paralyzed on the water slide attraction last year. Punga Racers has a history of guests suffering injuries such as concussions and neck whiplash. Documents revealing these injuries were briefly made public on the Orange Circuit Court website. According to court documents, park guests were not the only people injured. Two injuries were from ride safety testers. Many of these injuries occurred after … [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/police-cruiser@medium.jpgLet’s say you’re a law enforcement officer responding to a call with a colleague. You watch your fellow police officer use excessive force on someone who wasn’t being violent or presenting any threat. What do you do next? In many career fields, the answer is a no-brainer. Report it to a supervisor so that your colleague faces the appropriate disciplinary actions. But for law enforcement agencies, things are much more complicated. Acting as a whistleblower as a police officer can have negative consequences, including harassment and retaliation. In some instances, officers lose their jobs for intervening. An officer with the Buffalo Police Department was fired and denied a pension after stopping another officer from placing … [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/shutterstock_790661278@medium.jpgCan more be done in the design of helmets to reduce the risk of head injury?  The answer to the question is frustratingly simple: Yes. By Larry E. Coben What are brain injuries? To understand how helmet safety can be improved, we first need to understand how the brain is concussed or more seriously injured. Brain injury, which runs the gamut from a low-level injury (e.g., sub-concussive) to the gravest of injuries (e.g., major bleeding throughout the brain and/or diffuse injury to the axons), is caused by excessive impact force or excessive acceleration or motion of the brain. These injuries can happen by direct impact to the helmet-covered head or … [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/shutterstock_564012475@medium.jpgTwo new Zantac lawsuits have been filed in federal court in Connecticut.  These suits will be sent to the Southern District of Florida where all federally filed Zantac lawsuits were recently centralized for pre-trial proceedings. All three plaintiffs claim that after using Zantac for extended periods, they suffered serious injuries. They blame the manufacturer for failing to warn about the risks associated with their acid-reducing drug. Two Plaintiffs Blame Zantac for Their Cancer Diagnoses The first plaintiff is a resident of Kentucky. He began taking Zantac in the year 2000 and continued to take it through 2018. He claims that as a result of his exposure to Zantac, he was diagnosed with esophageal cancer. He blames … [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/chimney-mountain@medium.jpgMy brother Jason committed suicide on May 11, 2009. The shock and lifelong pain has never really subsided. I have made what I think are meaningful efforts to love his memory, forgive him, forgive myself, trust in God, and in my own way, channel his beautiful spirit in the things I do personally and professionally.  I share this because it is part of my life journey, and how we conduct ourselves on a day to day basis is only a reflection of our experiences.    In my line of work, I deal with people whose children have died, or who have lost their parents, spouses, and practically every meaningful relationship you can imagine. The emotional experience of working with … [Read More...]

https://www.legalexaminer.com/wp-content/claris-images-uploads/lawyer-handshake@medium.jpgWhen you sign a contract with someone, chances are you think you have an understanding with them. The whole point of a contract is to make sure each party knows what is expected of them and what they can expect from anyone else who signs the contract. Still, contracts are often breached, and when they are you will have several options for resolving a contract dispute. The best option will depend on your particular circumstances. Mediation When there is a dispute over a contract violation, the parties involved will often hire a mediator to help them resolve the issue. A mediator is an objective third party. A mediator is generally a person who is trained in … [Read More...]

Having worked in civil justice for 21 years, my experience with trial lawyers and judges is profoundly unique.  I’ve witnessed the effort and risk associated with settlements in all manners of torts throughout the world.  No party to a personal injury settlement wants to be there in the first place.  The tenor and emotion associated with causing the injury, death or permanent disability of a person is profound for business owners, doctors and even  execs when faced directly with the people they affected.  Families too are often reticent to race toward finality in litigation.  The end of that chapter just opens a new, bigger chapter called “the rest of your life”, with some payment stream or lump sum that supposedly represents justice while reminding you constantly of … [Read More...]

Injuries resulting from a car accident do not always manifest right away. Oftentimes, your body is in such shock after being involved in an accident that you may not be aware of the injuries you sustained from the impact. These injuries can be physical ones that are internal, and psychological ones that effect a person’s emotional state. In the days and weeks following a car accident, it is important to pay attention to certain warning signs that could indicate serious injuries, including but not limited to the following: Pain or Stiffness in the Shoulders or Neck One of the more common injuries someone involved in a car accident experiences is pain or stiffness in the neck or shoulder area. Car accidents involve a sudden impact, which jolts … [Read More...]

E-scooters are becoming increasingly popular on Orlando streets and sidewalks as more residents and those visiting the area are using them to get around town. Orlando’s ordinance allows each scooter company to send 200-400 scooters, with a total limit of 1,800 e-scooters in the city. Popular e-scooter companies such as Lime, offer access to their scooters through the Lime App,  which shows an up to the minute map of where scooters are available for rental. Users locate their desired scooter, scan the QR code located on the handlebars or the baseboard using the Lime app, and ride away. Other popular e-scooter rentals in Orlando include: Bird, Wheels, and Lynx City. Several commissioners have raised safety concerns about the scooters, which can travel up to 20 mph. … [Read More...]

Being involved in a car accident can be a stressful and intimidating experience. Following the trauma of a serious car crash, a person is often in a state of emotional shock, and at the same time getting treatment for multiple injuries. Depending on how the accident occurred and how serious the damage is, it can be easy to let emotions take over. Here are some important steps to help you stay safe and remain calm following an auto accident. Assess injuries and call 911. If you or anyone is hurt, immediately get checked out. The first step you should take after a car accident is to assess the situation. Most importantly, determine if anyone is injured, including yourself.  Call 911 to let the police and paramedics know about the … [Read More...]