Yale comes to the aid of Imigrants - But I could not even get a public Lawyer

This Article was written by Karne Stone - Thing that struck me as suckky - Yale comes to the rescue of imigrants. But when I had a child custody suit against me and was out of money, because I owned my own home (only worth less then 10k in Niagara Falls NY) I was denied a public Lawyer WTF Way to go American Court Systems

Any way take a look as the article is interesting......

Yale clinic helps secure precedent-setting victory for immigrants


The National Law JournalDecember 21, 2010
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Yale Law School's Muneer Ahmad


Three years of work by students in Yale Law School's Worker and Immigrant Rights Advocacy Clinic paid off in a big way last week, when a federal judge ruled that officials with U.S. Immigration and Customs Enforcement may be sued for civil rights violations.

The ruling, issued by Judge Stefan Underhill of the U.S. District Court for the District of Connecticut, said that ICE officials aren't immune from such suits, and that the court has jurisdiction over this type of immigration case.

"We believe this is the most sweeping decision by a district court on this issue," said Muneer Ahmad, the director of the clinic. "It means that ICE, as a law enforcement agency, is subject to the same measures of constitutional accountability as other agencies."

Yale law student Mark Pedulla said Underhill's refusal on Dec. 16 to dismiss the case was welcomed by the students, attorneys and plaintiffs. "Everyone was pleased with the decision," said Pedulla, who assisted in oral arguments on Oct. 26. "It's an important step."

Pedulla is one of six law students working on the case, with about 25 other students being involved during the past three years. Pro bono attorneys from Cleary Gottlieb Steen & Hamilton also represent the plaintiffs.

The case stems from an ICE raid on the predominantly Hispanic Fair Haven section of New Haven, Conn., in June 2007. Thirty-two people were arrested during the three-day raid, most of them bystanders and not the people with criminal backgrounds for whom ICE agents were looking, Ahmad said.

The clinic began representing some of those arrested in their immigration cases in 2007, and in 2009 filed Diaz-Bernal v. Myers, the civil rights case. The plaintiffs argue that top-level ICE officials instituted policies and programs that violated the Fourth Amendment rights of the 11 plaintiffs. For example, they alleged, ICE officers entered numerous homes without search warrants or consent during the raid. The government responded with a motion to dismiss the majority of the case.

Although Underhill dismissed some minor claims, he found that the most important ones have enough merit to go forward, Ahmad said.

Pedulla, who has spent countless hours handling everything from discovery and research to depositions, understands that the case is far from over. Just a 2L, he plans to stay involved until he graduates.

"It's been an incredible opportunity to learn. In many ways the clients have inspired all our work," he said. "They want to make sure what happened to them doesn't happen to anyone else, as far as their rights being violated. They are seeking dignity and respect before the court."

Till we meet again.....

Asbestos and Choosing a Lawyer for your case

The first thing a lawyer will do for you in an asbestos case is explain why it is used, and where it comes from. What asbestos normally is are fibers that are naturally occurring silicate. They are very durable when woven into materials, which is why they were used, despite the danger that is associated with asbestos. Insulation had a high asbestos count prior to 1976, and many people would inhale it into their lungs, which is very dangerous and damaging. Many materials meant to be fireproof, like industrial ceiling tiles, would contain asbestos because of its natural fireproof nature. HVAC systems often times use materials that contain asbestos.
Even though asbestos is not used for building anymore, you still need to be wary of the building practices that were done a long time ago. Reason being the a lot of us still currently habitat those building of old. The beautiful architectur and smooth silky feel of the trim can be a cover for asbestos laden materials hiding in the bushes so to speak.

One of the reasons why asbestos is so dangerous is because none of the diseases and problems is causes are curable. They are all treatable, and the effects can be slowed down, but lung disease does not have a cure. The effects of asbestos are very damaging, and should not be overlooked. You can seek compensation for asbestos exposure from any point in your life, as long as your doctor can prove that is what caused your sickness, and it can be proved that you received the asbestos in a certain place.

Most asbestos claims are from people that were exposed to it while they were working. The product was widely used for many years because it worked so well fireproofing things for industrial buildings, and it worked very well for insulating buildings. If you believe you have gotten things like Mesothelioma from being exposed to asbestos at one time in your life, you should feel free to contact your attorney to figure out if you have a solid case or not.

What people should look out for is that asbestos is still around in buildings built a long time ago. Even though asbestos isn't used anymore, if you have to work in an old building and you were not made aware that it could have asbestos in the air, this is where an asbestos case could have merit. What asbestos can cause is lung disease, or increase the chance of getting lung cancer in smokers by five times. Asbestos damages many parts of the respiratory system because it is made up of small, sharp fibers that you cannot see. Another thing to be aware of is symptoms may not arise from being exposed to asbestos for up to thirty years later, so it is always important to talk to your doctor to figure out the cause of you getting ill.

One thing for sure . If you suspect that you have been affected find a lawyer and find one specializes in the filed that you have been exposed to .... It will go a long way into getting a settlement

Should I use Lawyer to file Chapter 7 or Chapter 13?

Using a Lawyer when you are facing bankruptcy Filing pro se seems tempting when you need to file Chapter 7 or Chapter 13. After all,  you have no money left (duh should be  a no brainer) , paying thousands to an attorney seems next to  impossible if not in the neighbor hood of divine.

Truth be told though  ( you knew this was coming) The process can be very convoluted and confusing, not to mention down right emotional. A good lawyer can bypass all of those hardships on you and get straight to the matter.

In the end you would be much further along in the process if you hired a good bankruptcy lawyer , why?

Lawyers Protect You From Creditors which are know predators and sharks

Under current debt collection laws, your attorney provides you with a measure of protection against the collection tactics your creditors may wish to use. Once you have retained legal counsel, your creditors cannot contact you anymore. They must contact your attorney instead. This peace of mind alone is worth a significant financial investment, and stopping those calls allows you to focus on the filing process instead of the debts as they stand.

Lawyers Limit almost all mistakes Mistakes

The filing process has quite a bit of paperwork, and knowing how to fill out that paperwork requires some experience, especially when it comes to outlining your assets and protecting those that are protected under your state's debtors laws. A bankruptcy lawyer has years of experience with this paperwork and can quickly and easily guide you in filling it out, or even fill it out on your behalf. This limits the possibility of mistakes that lead to having your case dismissed.

Lawyers Take Away A Lot Of  Stress

The filing process is stressful, as is the financial situation you find yourself in. Limiting some of that stress whenever possible is going to give you significant peace of mind. Hiring a bankruptcy lawyer allows you to put aside your worries about making a mistake, misstating something on your forms, or having your case dismissed on a technicality. They also remove the stress of physically filling out the forms. You will still need to take the time to figure out your assets and provide the contact information for your creditors, but some of the busy work is handled in the office.

Lawyers May Save You Money

There is much about filing that you may not know that could end up saving you money. For instance, if you have very old credit card debts, they may no longer be chargeable due to your state's statute of limitations (most of which are 7 years) . If you don't know this, you could end up paying back those debts even though you don't have to. Also, many assets, like your home or car, can be protected under your state's laws, but only if you list them properly on the forms. An attorney will help you understand these things, and this can save you money in the long run, even with the filing costs.

Not only that, but if you file pro se and your case is dismissed, you will have to pay the filing fees again if you wish to have the case reopened. Again, hiring a bankruptcy  lawyer helps limit this possibility.

Even though the cost may seem high at the outset, the simple fact is that hiring a bankruptcy lawyer simply makes sense, both financially and in the amount of stress it will relieve. Before you begin filing, consider hiring legal counsel to make the process go smoothly.

Need a lawyer - What about work related injuries?

Are you Suffering from an accident in your workplace or the workplace, or even a disease that is common to your industry. If this is the case you should make a claim for compensation and find a lawyer. I have listed some of the common problems in the workplace for your attention.

• Respiratory disease - lung problems and breath problems are common amongst bakers, flour confectioners, spray painters and welders.

• Tinnitus – To much noise from the work environment will cause this health issue, where People have a constant ringing or buzzing in the ear without an external source. ( I have this one)

• Vibration white finger – This is more commonly known to be called “ Hand Arm Vibration Syndrome “, this is where prolonged use of vibrating tools have caused damage to the fingers.

• Fatality – All to often loved ones are left devastated by deaths caused in the workplace..

• Mesothelioma - This asbestos-related illness is a form of lung cancer that takes 15 to 40 years to manifest and can be caused by relatively small doses of asbestos. Devastating and very common nowadays

• Asbestosis - This asbestos-related disease progresses gradually, with shortness of breath and coughing similar to that suffered by a smoker.

• Spinal injury - More than one thousand people suffer from spinal injuries each year, with a number of these occurring in the workplace.

• Head injury - With many hazards in the workplace, head injuries are sadly very common. Depending on the accident, the severity of the causes can differ greatly. Trauma and brain injuries are possible outcomes of the incident.

• Industrial deafness - This is the permanent loss of hearing caused by exposure to industrial noise.

• Skin disease - When chemicals in the workplace come into contact and irritate the skin, diseases are possible. Barbers and cleaners are two professions that are vulnerable.

So if you're suffering from industrial deafness, vibration white finger or any of the above serious injury's, it may be a good idea to speak to a Lawyer today to discuss your entitlement to a compensation.

Length of case with debt collectors and my lawyers?

What is your Involvement in Lawsuites with debtcollectors and lawyers<

Will my case settle  in a fast paced manner? Will I have to go to trial? Will I have to testify? These questions and many more pop into the head  like poptarts from a toaster if you are faced with a lawsuit

While some cases settle rather quickly and others rather slowely (some 10 years) its impossible to guess where the path on which your lawsuit will mieander.

•  For example, we have  debt collector cases settle rapidly and never went to court and other cases that went to court and settled for a few thousand dollars. It takes two to settle, so it will vary every time, but here are some general rules of thumb about how long lawsuits may take. If one party is stubborn on their wishes it could take years

Here are some brief guidelines to follow that I pulled from another Lawyers Website

• The clearer the violation is, the more likely it is the debt collector will want to settle with you and keep it out of court. For example, if a collector leaves you a voicemail that doesn't contain the required disclosures (that the call is from a debt collector and the call is an attempt to collect on a debt) then they really don't have any defense. They know full well this type of voicemail is illegal but they decide to go ahead and do it since so few people will actually sue. But when lawsuits do happen over illegal voicemails, collectors want to settle the case quickly and for a small amount (several thousand dollars). If a collector called a third party-anyone other than you or your spouse- the collector knows their actions are illegal. When sued for this, there isn't any defense they can bring to court so they generally want to settle the case out of court.

• Debt collectors will want to see if your lawyer is familiar and experienced with these types of cases; it's almost a type of hazing. It's not right, but defense lawyers for the debt collector will be less than truthful about what happened, or what the collection notes show, or what the law really says and experienced litigation lawyers know to expect this and prepare for it. If your lawyer is an experienced FDCPA attorney you can avoid this and move ahead to settling.

• The debt collector will also want to know what your lawyer's hourly rate is so they can calculate the risk in fighting a legitimate violation. This ties in some with the second point, but differs slightly. If a collector loses a case under the FDCPA then they are (normally) responsible for paying your lawyer's fees. For example, if two cases were identical and both had experienced lawyers but one had an hourly rate of $150 and the other charged $350 an hour. If the debt collector's violation is a blaringly obvious and there's no way they could win in court and would have to paya $350 an hour lawyer's fee, they would be quite likely to want to settle out of court.

• Lastly, your attitude towards settlement is one of the most important things. We have people come to us with the idea that a lawsuit is a way for them to make a lot of money or pay off a debt or whatnot. We don't take these people as clients. The real reason you should pursue a lawsuit is to protect your rights and stop the abusive debt collector. Whether you are receiving harassing calls or being slapped with debts on your credit report that aren't yours, any money you get from a lawsuit may be nice, but it shouldn't be the reason for instigating the suit.

So if your going into it with the afore mentioned in mind and your are trying to protect your rights against a bunch or one illegal tactic that the debt collector used, you are now increasing your chances of getting a settlement and or winning the case outright. The more you tell the truth and are being real the more of a chance you will have to getting the judge on your team  so to speak. If the debt collector does not settle for a reasonable amount right up front they face fees and possibly a hostile judge who wont look to thing their way.

So in the end your questions are very difficult to answer, one thing for sure the more experienced/expensive your lawyer is the more you will stand a chance at winning and getting a clear settlement fast.

Seeking a Personal Injury Lawyer

Should we seek help when we are involved in personal injury?  We usually do not want to ask for help from a personal injury lawyer

Then again accidents cannot be timed. The happen by divine or by chance or by suggestion but most of the time they happen when we least want/expect it. Might as well prepare for it ahead of time. Kinda like getting a funeral plot no?  Remember those of us who fail to plan – plan on failing.

Emotionless Thugs

Lawyers are cool, calm, collected, and best of all not involved emotionally. You see our emotions effect the way we thing…. Think im wrong ? Remember back to anytime you were put on the spot and could for the life of you not think up something you for sure know that you know. We all have those moments….

Situations such as personal injury need practical and realistic thinking. In case a family member has been the victim of a hit-and-run or been hit by a driver who was driving under influence, it is essential that you keep a cool head and proceed methodically. The first course of action is to take the help of a personal injury lawyer.

. Most attorneys charge a reasonable sum and in return they offer the best possible services. The task of finding a good attorney is no longer difficult with the Internet at your fingertips.

A lot of people avoid seeking legal advice as they feel that it is an useless to hire an attorney as he will charge them an arm and a leg and the end result will amount to a big fat zero. However, that is assuredly not so

All you need to do is run a search for a "personal injury lawyer", and there are various names that will pop up on your screen. When you are choosing a particular firm, always verify their credibility and check out the number of cases that they have won. Of course, it is not possible that a firm has a 100% record of wins, but the number should be significant.

Once you have selected a special firm , ask for a consultation with one of their lawyers. There are usually no charges involved for the first round of consultation. You also have to make sure that there are no hidden fees involved. The most important fact is that you should never conduct any proceedings with insurance companies (after the accident), without speaking to your lawyer. If you decide to take matters into your own hands, you may have to settle for less compensation that you deserve.