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Web Site Accessibility – A New Basis For Claims under the Americans with Disabilities Act
Post On May 14, 2013
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The Americans with Disabilities Act , the “ADA", applies to places of public accommodation. Until recently courts had consistently dismissed claims that commercial websites were places of public accommodation subject to the Act and thus legally required to be “accessible" to the disabled. Recently,...

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NJ DWI FAQ's - Part Two

8. What should I do if I am asked to take field sobriety tests? There are a wide range of field sobriety tests (FST’s). These tests include heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand...

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Planning for your Divorce With Property, Children, and Assets in Florida
Post On Apr. 01, 2013
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Evaluate all your marital assets and liabilities. Print out a long form financial affidavit and fill everything out as detailed as possible. You can find this form here: http://www.flcourts.org/gen_public/family/forms_rules/902c.pdf . Gather three months' worth of paystubs, bank statements, and...

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What Happens at a Pennsylvania DUI Preliminary Hearing
Post On Feb. 10, 2013
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The purpose of a preliminary hearing is to allow a magisterial district judge to determine whether the government can demonstrate a prima facie case against the defendant. A prima facie case requires, in layman’s terms, the government to demonstrate that it is more likely than not that: (1) a crime...

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What does "disabled" really mean?
Post On Jan. 04, 2013
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People often do not realize that in the legal world, “disability" is a term of art, with a very specific meaning. In fact, it has several different specific meanings, depending on the context. “Disabled" has one meaning for the purposes of the Americans with Disabilities Act, another for the...

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What to do if you lose your job after entry of an order that requires you to pay child support.
Post On Dec. 03, 2012
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Keep a record of your efforts to obtain new employment. You should start keeping a record of all of the efforts you make to locate replacement employment. Beyond the mere on-line application record you may be required to post to obtain unemployment benefits, you will want to keep written records of...

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What to Do, and Not Do, If Stopped for DUI [California]
Post On Jun. 08, 2012
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Do not flunk the attitude test ; be civil and polite, because being otherwise will never help you, and it will generally always hurt you in the eyes of the jury and judge. Remember that much of what goes on in the criminal justice system, from cop contact to DA prosecution to judge scolding/...

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Should I File My Employment Discrimination Claim with the EEOC or the ERD?
Post On Mar. 13, 2012
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A commonly misunderstood and confusing part of employment law litigation for employees who feel they have been discriminated against in Wisconsin is whether to file their claim with the Wisconsin Equal Rights Division (ERD) or the Equal Employment Opportunity Commission (EEOC). While both entities...

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Employment Disability Protection Under California's Fair Employment and Housing Act and Federal ADA
Post On Dec. 05, 2011

This guide summarizes some important differences between the employment-related disability laws in the California Fair Employment and Housing Act, Government Code sections 12900, et seq. (FEHA) and the federal Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA), as of...

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Asylum in Immigration Court - Coercive Population Control Asylum
Post On Oct. 21, 2011
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Nikki Mehrpoo Jacobson Attorney at Law / Professor of Law email@nikkijacobson.com THE JACOBSON LAW FIRM, APC Immigration & Nationality ǀ Workers' Compensation 510 West 6th St. Suite 326 Los Angeles , CA 90014 (310) 277-2266 (310) 277-3366 FAX Los Angeles Immigration Lawyers - Free Consultation www....

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Why would the police take you off camera for the DUI Field Sobriety Tests?
Post On Sep. 15, 2011
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There is great reason for the Troopers to take you off camera: FOR THE TROOPER'S BENEFIT IN COURT! SO HE DOES NOT LOSE AT TRIAL! Any OVI (DUI) Defense Attorney will tell you that if there is video, it will most likely benefit the Defense, NOT THE COPS! Surprising, you say!? Its the truth. If there...

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Worker Inactivity: the Next Wellness Frontier?
Post On Aug. 25, 2011
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Researchers and some employers are using technology to measure the incidence and health impact of worker inactivity due to long periods behind the wheel of a car, or in front of a computer. This article from the online publication MIT Technology Review covers some of the measuring methods in use,...

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“Participation-Only” Wellness Program Survives ADA Challenge
Post On Jul. 22, 2011
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A “participation-only" wellness program established by Florida’s Broward County for its employees survived a class-action challenge by a former employee who refused to participate in the program. Seff v. Broward County , Case No. 10-61437-CIV-MOORE/SIMONSON (S. D. Fla. Apr. 11, 2011). The wellness...

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Basic Guide to Maryland Drivers License Suspension and Revocation Hearings
Post On May 16, 2011
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Under Maryland law and regulation, the Maryland Motor Vehicle Administration (MVA) has the duty to administer the motorist license system and to call motorists in for a "Point System Conference" and send motorists to driver improvement programs or "DIP." More ominously, the MVA can suspend or even...

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Self Disclosure in Employment: A Guide for Individuals with Disabilities
Post On Jan. 21, 2011
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Am I required/ How much am I required to tell an employer about my disability? The information you must disclose to an employer is dependent on whether you will need accommodations and the nature of those accommodations. Employers are only required to provide reasonable accommodations for “known"...

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40 Ways to Beat a DUI in Washington State
Post On Oct. 05, 2010
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If you have been arrested for DUI or DWI, it is obviously cause for concern--but not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. That's why it would be a good idea to consider hiring one of America's Top DUI and...

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Search Committee Selection Process Guidelines
Post On Aug. 03, 2010
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Whether you operate in a for profit or not for profit organization, there are certain fundamental guidelines that should be observed in order to not only engender confidence in the process and the decision that is made but also avoid potential legal claims and other adverse consequences. The...

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Drunk Driving and Other Arrests
Post On Jul. 27, 2010
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With the summer almost here and in anticipation of those fine weekends which we will be enjoying crabs and beer and going to the ocean for fun and relaxation, the Maryland State Police are out there looking for the drunk driver. With their speed traps, sobriety check points, and the staking out of...

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Top 10 Defenses to a DUI in Ohio
Post On Feb. 21, 2009

No Reasonable Suspicion to Make a Stop For law enforcement, there must be a valid reason to legally make a traffic stop. The Fourth Amendment requires an officer have a reasonable suspicion that a crime is being committed or about to be committed before making a traffic stop. Reasonable suspicion...

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