Archive for December, 2008

Well, at least I get something in a business bankruptcy, right?

getting something business bankruptcy

Well, at least I get something in a business bankruptcy, right?

Not necessarily. The bankruptcy court may determine that stockholders don’t get anything because the debtor is insolvent. (A debtor’s solvency is determined by the difference between the value of its assets and its liabilities.) If liabilities are greater than assets, your stock may be worthless.

(Reviewed 11.10.08)

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But we used the band’s name first in the marketplace. Doesn’t that count for something?

Band Name First Use Music Law Intellectual Property

But we used the band’s name first in the marketplace. Doesn’t that count for something?

There are two ways to help establish ownership in a trademark or servicemark:(1) show first actual usage in the marketplace; and (2) apply to register the trademark on the federal trademark register.

Generally, the first business to use a trademark in the marketplace owns it and can stop others from using it, even without federal registration. Thus, a trademark is generally “owned” by a person or business by virtue of their first commercial use. Formal registration of the trademark with federal agencies – while not required to be the owner of a trademark – affords the legal protection and benefits under the U.S. Trademark laws (the Lanham Act), including the right to sue for monetary damages. However, in case of a conflict between marks, actual use usually takes “priority” over federal registration.

However, priority allows the owner the exclusive legal right to use the trademark (name) in that specific territory only. For example, an LA band that gigs locally only, cannot prevent a Florida band from using the same name if it does not play in Florida. Similarly, a New York (east coast) band could not prevent a Seattle (northwest) band from using the name if it does not play and use the same name in the northwest. However, once the band commercially releases its first record with a major record company and distributes the music and tours nationally, the band’s record and/or its record company may then acquire the national rights to use the band’s name throughout the country, subject to any claims of priority. If somebody is already using the name when the major release occurs, they have “priority” and you cannot stop them from using the same name, even though you may use the name nationally.

(Reprinted with permission of Ruben Salazar, Esq.)

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Can a parent limit the amount of future child support that is to be paid to the other (custodial) parent?

Future Support Limitations Child Support

Can a parent limit the amount of future child support that is to be paid to the other (custodial) parent?

Maybe. Child support is awarded in the best interests of the child. In order to limit the amount of future child support payments, the interests of the child must be adequately considered. In theory, a disinterested Guardian Ad Litem for the child would have to be appointed and represent to the court that the best interest of the child would be to limit such future support payments. This would expose the Guardian Ad Litem to the possibility of a future claim by a former child (having reached the age of majority, s/he is considered to be competent to bring a legal action on his/her own) that the limitation of child support was not in his/her best interest. Thus, these limitations are rare.

Some states, however, will consider an argument that if there is a high level of income/wealth by one or both parents, a limit to the amount of support is proper. For example, suppose that the non-custodial parent has $1,000,000 in annual earned income which results in a guideline support amount of $300,000 to the custodial parent. In some states, the non-custodial parent may be able to argue that such a high level of support is not in the best interest of the child, and that a lower guideline support amount should be set.

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Ma Parental Consent – What is the age with parental consent in Massachusetts?

What is the age with parental consent in Massachusetts?

Male: 14 – parental consent and/or permission of judge required.

Female: 12 – parental consent and/or permission of judge required.

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What is the difference between a ‘fault’ and a ‘no fault’ divorce?

What is the difference between a ‘fault’ and a ‘no fault’ divorce?

Some states allow termination of marital status on both a basis of fault and alternatively on the basis of no fault. Grounds for fault include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence or infecting the other spouse with a venereal disease. The respective rights to distribution of property and spousal support can be affected by a spouse’s fault in causing the breakdown of the marriage in some states.

In a no fault dissolution of marriage, a declaration by one spouse of the marriage that irreconcilable differences have arisen that neither time nor counseling will cure is sufficient grounds for a court to terminate the marriage and return the former spouses to the legal status of unmarried (single) persons. In a no fault divorce or dissolution of marriage, the actions of the respective spouses in the breakdown of the marriage does not affect property distribution or spousal support rights.

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Paralysis

Paralysis Injury Law

Paralysis

Paralysis, the inability to move muscles, is caused by an injury or disease affecting the motor neurons, or nerves that send impulses to muscles. There are two kinds of motor neurons: upper and lower. The upper motor neurons send impulses from the brain to the lower motor neurons. The lower motor neurons send the impulses on to the muscles. Paralysis can result from a malfunction of either set of neurons. Malfunction of the upper motor neurons usually affects both sides of the body, while damage to the lower motor neurons may only affect one side.
Common causes
Paralysis can be caused by both injury and disease, and it can come on suddenly or gradually over time. Some common causes of sudden-onset paralysis are:
Spinal cord injury
Head injury
Trauma to the neck or back
Stroke
Transient ischemic attack (transient stroke whose symptoms are temporary)
Blood vessel rupture in the brain
Arterial blockage
The most common causes of the above injuries are auto accidents, motorcycle accidents, falls, violent crimes, and sports injuries.
Causes of gradual-onset paralysis include:
Tumors
Brain tumors
Nerve compression
Nerve entrapment
Cerebral palsy
Spina bifida
Multiple sclerosis
Muscular Dystrophy
Guillain-Barre syndrome
Lou Gehrig’s disease (motor neuron disease)
Polio
Polyneuropathies (allergies, poisoning, drug reactions)
Diabetes
Sleep disorders
Depersonalization disorders (feeling detached from body or mental processes)
Symptoms
There are several symptoms related to gradual-onset paralysis or partial paralysis. These include:
Numbness
Muscle weakness
Tingling
Pins-and-needle sensation
Burning
Pricking
Collapse
Partial paralysis
Paralysis can affect the whole body or smaller parts, such as the face, jaw, leg, arm, elbow, knee, foot, finger, or wrist. Paralysis generally takes one of two forms, spastic or flaccid. In spastic paralysis the muscles are tight, which can cause arms and legs to be in an abnormal position. Paralysis can also cause flaccid muscles, which hang limp and weak, and the body can look thin and wasted. Some gradual-onset forms of paralysis begin with flaccid muscles, which later become spastic.
Treatment
Treatment depends on the cause of the paralysis. In cases of injury the person is sometimes able to regain some or all control of muscles over time. The majority of stroke victims regain a part of their mobility. Degenerative diseases, however, tend to lead to worsening paralysis.
There is no known cure or treatment for paralysis, but there are treatments for various symptoms. Spastic symptoms are relieved through stress-release and relaxation techniques, and patients are advised to avoid certain positions that might worsen the symptoms. Physical therapy is used to prevent the muscle from wasting away and to strengthen muscles that aren’t paralyzed. Anti-spastic drugs can be taken orally or injected into the fluid around the spinal cord, though drugs are not always needed. When spastic muscles are placing limbs in extreme positions, surgery may be indicated. The newest treatment is Functional Electrical Stimulation (FES), which involves electrical stimulation of paralyzed muscles.
The treatment of flaccid paralysis is similar. Attention is paid to positioning the body and physical therapy maintains the muscles. Splints or other mechanisms may be used to support joints. Drugs can sometimes be used to treat the underlying disease, and new surgical techniques involving nerve transplants are expanding rapidly.
If you or a loved one have suffered catastrophic injuries causing paralysis through no fault of your own, contact an experienced personal injury attorney right away. If you would like a free case evaluation, simply fill out our case evaluation form and an experienced personal injury lawyer will contact you for a no cost, no obligation consultation.

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Raptiva Side Effect Lawsuits On The Rise After Drug’s Market Withdrawal

Raptiva Side Effect Lawsuits Drug Toxic Chemicals

Free Case Evaluation From An Experienced Drug Liability Attorney.

Raptiva Side Effect Lawsuits On The Rise After Drug’s Market Withdrawal

Genentech’s psoriasis drug, Raptiva, is the subject of numerous drug litigation lawsuits around the nation due to its link to serious and often deadly brain infections. More lawsuits continue to be filed against the pharmaceutical company now that the drug has been withdrawn from the market.
Three of the latest personal injury lawsuits filed
Three people recently filed California personal injury lawsuits against the manufacturer alleging that Raptiva caused them or a loved one to suffer severe injuries or death. According to news reports, the three latest lawsuits were filed on April 9th 2009 in Alameda California Superior Court by:
Mary Hedrick: Ms. Hedrick developed a brain infection known as herpes viral encephalitis and suffered permanent brain and nervous system damage after taking Raptiva.
Shirley Boxell: Ms. Boxell’s 26 year old daughter, Megan, died from a brain infection after taking Raptiva.
Bruce Harwell: Mr. Harwell suffered severe leucopenia (a decreased total number of white blood cells in the circulating blood) after taking Raptiva.
Coincidentally enough, the plaintiffs filed their lawsuits one day before Genentech decided to withdraw Raptiva from the market.
Raptiva side effects
Raptiva has been associated with numerous side effects such as viral meningitis, invasive fungal disease, bacterial sepsis and a fatal brain infection known as progressive multifocal leukoencephalopathy (PML) which causes changes in vision, difficulty speaking, loss of coordination, personality changes and general weakness. It typically occurs in people with AIDS (acquired immune deficiency syndrome) or people undergoing immunosuppressive therapies.
FDA issued black box warning before withdrawal
The U.S. Food & Drug Administration (FDA) issued a “black box” warning, the harshest warning available, about Raptiva’s side effects in October 2008. Then, in February 2009, the FDA again warned about Raptiva’s side effects – but this time also advised that three deaths had been linked to PML and Raptiva use. Finally, on April 8th 2009, Genentech agreed to withdraw Raptiva from the U.S. market. It will no longer be available after June 2009.
It’s estimated that nearly 46,000 people have taken the drug since it was introduced in 2003. If you’ve been injured due to Raptiva, contact an experienced products liability attorney whose practice focuses in the area of drug litigation to discuss your situation and find out how the drug’s withdrawal from the market might affect you. Of course, if you’re still taking Raptiva, contact your doctor immediately to see what other types of medication might suit you better.

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I have a gift card for a company that is in bankruptcy.

bankruptcy-and-gift-cards business bankruptcy

I have a gift card for a company that is in bankruptcy.

It depends. Bankruptcy law permits a company that files to stop honoring gift cards, but in some cases they continue to do so, at least for a while. It depends on the type of bankruptcy. In many Chapter 11 bankruptcies the debtor will continue to honor gift cards because it wants to keep its customer base. If you hold a gift card (or gift certificate) from a bankrupt company, you can file a Proof of Claim with the court. You can get the form from the clerk of the bankruptcy court or from the court’s website. Of course, bankruptcy companies are short on assets, so you may not get anything for your claim.

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Can a band use an already trademarked name?

Banks Using Trademarked Name Music Law Intellectual Property

Can a band use an already trademarked name?

Sometimes. For example, a mark that is primarily a surname does not qualify for protection under the federal trademark provisions unless the surname becomes well known or acquires a “secondary” meaning . However, once a last name acquires a secondary meaning in the marketplace (e.g., Sears, McDonald’s), it cannot be used by others whether or not the name is a registered trademark. In order for a band to register a mark that has already gained secondary meaning, permission from the namesake must be obtained.

(Reprinted with permission of Ruben Salazar, Esq.)

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My husband and I have decided to use artificial insemination to have a child. The donor will not be obligated to support the child. Is there some type of documentation so that this type of arrangement can be made permanent?

Artificial Insemination Donor Obligation Child Support

My husband and I have decided to use artificial insemination to have a child. The donor will not be obligated to support the child. Is there some type of documentation so that this type of arrangement can be made permanent?

Your best protection is to buy from a sperm bank since sperm bank donors have no way of knowing if they have any kids, let alone who the mothers are. However, one of the many disputed issues in this newly developing area of the law is whether the identity of the donor should be secret or whether states should enact legislation permitting disclosure to the child of his/her biological father.

If you opt out and go private, your best first step is to see a lawyer to draw up an artificial insemination contract. However, states are divided on whether the contract is enforceable. Some states won’t enforce these contracts as a matter of public policy (parents should be on the hook for child support and should get visitation). Some enforce the contract (consenting adults can decide these things for themselves). And the law is constantly changing.

Termination of parental rights is probably the best bet if you insist on going private. Check with a lawyer to see if this suit can be brought by a private party and if it can be brought before the birth of the child (in California, for example, your rights can be finalized through a pre-birth Judgment of Maternity and Paternity).

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