A state appeals court on Tuesday tossed out child abuse findings against a frustrated Northern California mother who spanked her 12-year-old daughter hard enough with a wooden spoon to cause bruising.
The 6th District Court of Appeal in San Jose reversed the child abuse determination made by the Santa Clara County Department of Social Services. Social workers waned to report Vernica Gonzalez to the state Department of Justice's child abuse database with a "substantiated" abuse determination. That determination was upheld by a trial court judge.
The appeals court said the spanking came close to abuse, but that social workers and the lower court judge failed to consider the family's entire circumstances.
Gonzalez and her husband testified that other forms of punishment such as groundings and taking away her phone had failed to persuade their 12-year-old daughter to do her schoolwork and avoid gang culture. The parents said that other family members had testified that spankings in the household were a rarity.
The appeals court said the mother's growing frustration with her daughter's behavior and her intention not to inflict harm in the April 2010 spanking weighed heavily in its ruling.
10/07/2013
Law Firm Website Templates - Legal Marketing Tips
4 Myths about Template Website Design for Law Firms
Template websites are one of the most affordable and simple solutions for attorneys looking to get their legal business online. They are offered for a very low price and require a limited amount of input to get online. Still, template websites get a bad name. In this article, we’ll dispel several myths and make a case for why a template website is just as capable as any custom designed site.
Template websites are one of the most affordable and simple solutions for attorneys looking to get their legal business online. They are offered for a very low price and require a limited amount of input to get online. Still, template websites get a bad name. In this article, we’ll dispel several myths and make a case for why a template website is just as capable as any custom designed site.
MYTH: Templates Always Have Unprofessional Design
Firstly, we should establish the difference between a template website and a sitebuilder website. Sitebuilder websites can be incredibly cheap, and usually offer the benefit of do-it-yourself customizability. People who know what they want and have time to invest are drawn to these solutions.
However, these sitebuilders lack the knowledge and experience of a designer or web developer, and users often find their capabilities limited by the interface or a necessity for HTML/ CSS fluency. The most capable attorneys will end up with a website that undersells their professionalism and excellence. The least will have a website that offends the eyes and scares potential clients away.
Our template websites differ because they are based on our most successful custom designs. Unlike other template solutions, each template has been professionally designed by our in-house, highly experienced web designers, and is proven to be successful at impressing visitors and converting prospects into real business. They are also created specifically for lawyers and law firms, so each template is absolutely appropriate for legal professionals.
MYTH: Template Websites Aren’t SEO Optimized
We’ve heard a lot of arguments against template websites because they are not SEO optimized. Law Promo’s template websites are ALWAYS fitted with the very best of onsite optimization. While template websites are made to be static–best for those who have little interest in constant work and updates on their pages–they still are search engine optimized like any of our custom websites, and have the potential for search engine success. Page titles, heading tags, image tags, and keywords are all equally powerful as they would be on a custom website. And if you’re looking to keep your website fresh, you can always add a blog for constant, keyword-rich updated content.
MYTH: My Website Will Look Like Everyone Else’s
This is another concern we hear frequently: “Won’t there be other websites out there, just like mine?” Law Promo offers dozens of different website templates with several customizable options, so its unlikely that there will be many others like yours. Further, you only need to worry about what your potential visitors see. As long as your website isn’t the same as your immediate competitors, a template website is an affordable and easy solution for any law firm.
With the available choices and custom options, your website will be fit to your preferences, and your visitors will not be thinking about whether it’s a template website or not. Instead, they’ll get a great initial impression of your professionalism, then go on to learn more about you through your written content, where most legal professionals really shine.
MYTH: Template Websites Require Technical Knowledge and Web Savvy
We’ve heard horror stories about template design companies that hand their customers a completed template website and expect them to install and maintain it themselves. We understand that attorneys are busy individuals without the time to learn about server configuration or technical coding. That’s why we do all of the technical work for you– you make a few simple choices, send us your written content, and your website will be online and running in a little over a day.
Remember, template websites are not for everyone. If your firm is looking for a deeply personalized, high-functioning website designed to dominate the web space, you’ll be looking for more involved custom design and coding. However, for those who realize that the web is a necessary space for business but don’t have the time to invest in content creation, we highly recommend our template website solution designed specially for legal professionals.
Firstly, we should establish the difference between a template website and a sitebuilder website. Sitebuilder websites can be incredibly cheap, and usually offer the benefit of do-it-yourself customizability. People who know what they want and have time to invest are drawn to these solutions.
However, these sitebuilders lack the knowledge and experience of a designer or web developer, and users often find their capabilities limited by the interface or a necessity for HTML/ CSS fluency. The most capable attorneys will end up with a website that undersells their professionalism and excellence. The least will have a website that offends the eyes and scares potential clients away.
Our template websites differ because they are based on our most successful custom designs. Unlike other template solutions, each template has been professionally designed by our in-house, highly experienced web designers, and is proven to be successful at impressing visitors and converting prospects into real business. They are also created specifically for lawyers and law firms, so each template is absolutely appropriate for legal professionals.
MYTH: Template Websites Aren’t SEO Optimized
We’ve heard a lot of arguments against template websites because they are not SEO optimized. Law Promo’s template websites are ALWAYS fitted with the very best of onsite optimization. While template websites are made to be static–best for those who have little interest in constant work and updates on their pages–they still are search engine optimized like any of our custom websites, and have the potential for search engine success. Page titles, heading tags, image tags, and keywords are all equally powerful as they would be on a custom website. And if you’re looking to keep your website fresh, you can always add a blog for constant, keyword-rich updated content.
MYTH: My Website Will Look Like Everyone Else’s
This is another concern we hear frequently: “Won’t there be other websites out there, just like mine?” Law Promo offers dozens of different website templates with several customizable options, so its unlikely that there will be many others like yours. Further, you only need to worry about what your potential visitors see. As long as your website isn’t the same as your immediate competitors, a template website is an affordable and easy solution for any law firm.
With the available choices and custom options, your website will be fit to your preferences, and your visitors will not be thinking about whether it’s a template website or not. Instead, they’ll get a great initial impression of your professionalism, then go on to learn more about you through your written content, where most legal professionals really shine.
MYTH: Template Websites Require Technical Knowledge and Web Savvy
We’ve heard horror stories about template design companies that hand their customers a completed template website and expect them to install and maintain it themselves. We understand that attorneys are busy individuals without the time to learn about server configuration or technical coding. That’s why we do all of the technical work for you– you make a few simple choices, send us your written content, and your website will be online and running in a little over a day.
Remember, template websites are not for everyone. If your firm is looking for a deeply personalized, high-functioning website designed to dominate the web space, you’ll be looking for more involved custom design and coding. However, for those who realize that the web is a necessary space for business but don’t have the time to invest in content creation, we highly recommend our template website solution designed specially for legal professionals.
Appeals court moves BP forward in settlement dispute
The April 2010 blowout of BP's Macondo well off the Louisiana coast triggered an explosion that killed 11 workers on the Deepwater Horizon drilling rig and led to millions of gallons of oil spilling into the Gulf. Shortly after the disaster, BP agreed to create a $20 billion compensation fund that was administered at first by the Gulf Coast Claims Facility, led by attorney Kenneth Feinberg.
BP argued that Barbier and court-appointed claims administrator Patrick Juneau misinterpreted terms of the settlement. Plaintiffs' lawyers countered that BP undervalued the settlement and underestimated how many claimants would qualify for payments.
In the panel's majority opinion, Judge Edith Brown Clement said BP has consistently argued that the settlement's complex formula for compensating businesses was intended to cover "real economic losses, not artificial losses that appear only from the timing of cash flows."
"The interests of individuals who may be reaping windfall recoveries because of an inappropriate interpretation of the Settlement Agreement and those who could never have recovered in individual suits for failure to show causation are not outweighed by the potential loss to a company and its public shareholders of hundreds of millions of dollars of unrecoverable awards," Clement wrote.
Judge Leslie Southwick wrote a concurring opinion. Judge James Dennis wrote a partial dissent, largely disagreeing with the other two.
BP argued that Barbier and court-appointed claims administrator Patrick Juneau misinterpreted terms of the settlement. Plaintiffs' lawyers countered that BP undervalued the settlement and underestimated how many claimants would qualify for payments.
In the panel's majority opinion, Judge Edith Brown Clement said BP has consistently argued that the settlement's complex formula for compensating businesses was intended to cover "real economic losses, not artificial losses that appear only from the timing of cash flows."
"The interests of individuals who may be reaping windfall recoveries because of an inappropriate interpretation of the Settlement Agreement and those who could never have recovered in individual suits for failure to show causation are not outweighed by the potential loss to a company and its public shareholders of hundreds of millions of dollars of unrecoverable awards," Clement wrote.
Judge Leslie Southwick wrote a concurring opinion. Judge James Dennis wrote a partial dissent, largely disagreeing with the other two.
Supreme Court term begins amid government shutdown
The Supreme Court began its new term Monday by turning away hundreds of appeals, including Virginia's bid to revive its anti-sodomy law.
The justices took the bench just past 10 o'clock on the first Monday in October, even as much of the rest of the government was coping with a partial shutdown.
Chief Justice John Roberts formally opened the new term without any reference to the partisan impasse over the budget and the new health care law that his vote helped uphold in 2012.
The court has announced it will operate normally at least through the end of this week. The justices are hearing six arguments, including a challenge to limits on campaign contributions.
Among the appeals denied Monday was Virginia Attorney General Ken Cuccinelli's request to review a federal appeals court ruling that threw out the state's ban on oral and anal sex. Ten years ago, the Supreme Court struck down the Texas anti-sodomy law in a case involving two adults. Virginia argued that the Texas ruling did not apply to sex acts between adults and minors.
The justices did not comment in rejecting that argument Monday.
The court also declined to hear, at least for now, Argentina's appeal of a ruling that orders it to pay hedge funds that bought up some of the country's unpaid debt from its default in 2001. The country is continuing to pursue its case in federal court in New York and could file another appeal with the Supreme Court.
The new term may be short on the sort of high-profile battles over health care and gay marriage that marked the past two years, but the court already has agreed to hear important cases about campaign contributions, housing discrimination, government-sanctioned prayer and the president's recess appointments. Abortion, contraceptive coverage under the new health care law and cellphone privacy also may find their way onto the court's calendar.
The justices took the bench just past 10 o'clock on the first Monday in October, even as much of the rest of the government was coping with a partial shutdown.
Chief Justice John Roberts formally opened the new term without any reference to the partisan impasse over the budget and the new health care law that his vote helped uphold in 2012.
The court has announced it will operate normally at least through the end of this week. The justices are hearing six arguments, including a challenge to limits on campaign contributions.
Among the appeals denied Monday was Virginia Attorney General Ken Cuccinelli's request to review a federal appeals court ruling that threw out the state's ban on oral and anal sex. Ten years ago, the Supreme Court struck down the Texas anti-sodomy law in a case involving two adults. Virginia argued that the Texas ruling did not apply to sex acts between adults and minors.
The justices did not comment in rejecting that argument Monday.
The court also declined to hear, at least for now, Argentina's appeal of a ruling that orders it to pay hedge funds that bought up some of the country's unpaid debt from its default in 2001. The country is continuing to pursue its case in federal court in New York and could file another appeal with the Supreme Court.
The new term may be short on the sort of high-profile battles over health care and gay marriage that marked the past two years, but the court already has agreed to hear important cases about campaign contributions, housing discrimination, government-sanctioned prayer and the president's recess appointments. Abortion, contraceptive coverage under the new health care law and cellphone privacy also may find their way onto the court's calendar.
3/23/2012
Dallas Attorney Charla Aldous Secures Settlement
Attorney Charla G.Aldous of the Aldous Law Firm in Dallas recently secured a successful confidential settlement on behalf of a North Texas rabbi whose right arm was crushed and nearly amputated in May 2010 while he was assisting in kosher meat processing at Frontier Meats, a Fort Worth slaughterhouse.
Rabbi Peretz Shapiro was working at the Fort Worth company as an independent contractor on behalf of Maspeth, N.Y.-based Alle Processing Corp., which contracted with Frontier to produce the kosher food.
To adhere to the kosher process, Alle hired ritual slaughterers, or shochetim, to travel from New York to Texas. The process then was supervised by local rabbis, called mashgiach, to ensure all religious requirements were kept. Alle hired Rabbi Shapiro to serve as a mashgiach, but provided no formal training or safety instructions related to the plant's heavy equipment. The rabbi's arm was crushed after he was directed to stand dangerously close to a piece of heavy equipment on the slaughterhouse's kill floor.
While hospitalized and under heavy medication following the accident, Rabbi Shapiro was approached on two different occasions by an Alle representative who wanted the rabbi to sign legal papers that would have certified him as a company employee. Doing so would have allowed Alle to file the accident as a workers' compensation matter and severely impaired Rabbi Shapiro's rights to future legal recoveries. To his benefit, Rabbi Shapiro never signed the documents, says Ms. Aldous.
"Alle's relationship with Frontier seemingly has been built on the idea of circumventing responsibility. It's no surprise that this unimaginably horrible accident happened since no training was provided, and even less surprising that these companies tried to avoid their obligations to Rabbi Shapiro," says Ms. Aldous, who notes that Alle was not registered to do business in Texas at the time of the accident.
Rabbi Peretz Shapiro was working at the Fort Worth company as an independent contractor on behalf of Maspeth, N.Y.-based Alle Processing Corp., which contracted with Frontier to produce the kosher food.
To adhere to the kosher process, Alle hired ritual slaughterers, or shochetim, to travel from New York to Texas. The process then was supervised by local rabbis, called mashgiach, to ensure all religious requirements were kept. Alle hired Rabbi Shapiro to serve as a mashgiach, but provided no formal training or safety instructions related to the plant's heavy equipment. The rabbi's arm was crushed after he was directed to stand dangerously close to a piece of heavy equipment on the slaughterhouse's kill floor.
While hospitalized and under heavy medication following the accident, Rabbi Shapiro was approached on two different occasions by an Alle representative who wanted the rabbi to sign legal papers that would have certified him as a company employee. Doing so would have allowed Alle to file the accident as a workers' compensation matter and severely impaired Rabbi Shapiro's rights to future legal recoveries. To his benefit, Rabbi Shapiro never signed the documents, says Ms. Aldous.
"Alle's relationship with Frontier seemingly has been built on the idea of circumventing responsibility. It's no surprise that this unimaginably horrible accident happened since no training was provided, and even less surprising that these companies tried to avoid their obligations to Rabbi Shapiro," says Ms. Aldous, who notes that Alle was not registered to do business in Texas at the time of the accident.
Alabama Joins EWTN Lawsuit Against HHS Mandate
The Attorney General of the State of Alabama filed documents today in US District Court in Birmingham, Alabama to join EWTN Global Catholic Network as a plaintiff in its lawsuit against the Obama Administration's contraception mandate. EWTN filed its lawsuit on February 9, asking the federal courts to overturn the new rules which require most U.S. employers to provide contraception, sterilization and abortion-inducing drugs in their health plans even if it violates their conscience.
"We are grateful to Alabama Attorney General Luther Strange for taking such a strong stand on this issue," said EWTN President and Chief Executive Officer Michael P. Warsaw. "This suit demonstrates that the Alabama motto, `We dare to defend our rights,' is no mere slogan. The state could simply have chosen to file a brief advising the court of the impact of the case on its citizens. Instead, it is intervening in the suit as a co-plaintiff with EWTN. The Attorney General of Alabama is saying, in effect, that this unjust, unconstitutional mandate hurts not only EWTN, but the entire community."
According to the state's motion to intervene, filed March 22, Alabama law does not mandate that insurers must provide contraception or sterilization coverage or that any employer or person in the state is required to purchase such coverage. The documents note that Alabama citizens enjoy the freedom to contract for an insurance plan or with a religious-affiliated insurer that does not cover these services. In contrast, the federal regulation would mandate the type of health insurance Alabama could offer on its state-run health insurance exchange, and, if allowed to stand, would preempt Alabama law guaranteeing its citizens' right of conscience.
"We are grateful to Alabama Attorney General Luther Strange for taking such a strong stand on this issue," said EWTN President and Chief Executive Officer Michael P. Warsaw. "This suit demonstrates that the Alabama motto, `We dare to defend our rights,' is no mere slogan. The state could simply have chosen to file a brief advising the court of the impact of the case on its citizens. Instead, it is intervening in the suit as a co-plaintiff with EWTN. The Attorney General of Alabama is saying, in effect, that this unjust, unconstitutional mandate hurts not only EWTN, but the entire community."
According to the state's motion to intervene, filed March 22, Alabama law does not mandate that insurers must provide contraception or sterilization coverage or that any employer or person in the state is required to purchase such coverage. The documents note that Alabama citizens enjoy the freedom to contract for an insurance plan or with a religious-affiliated insurer that does not cover these services. In contrast, the federal regulation would mandate the type of health insurance Alabama could offer on its state-run health insurance exchange, and, if allowed to stand, would preempt Alabama law guaranteeing its citizens' right of conscience.
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