Tuesday, September 4, 2007

Lawyer, Attorney Quotes & Articles

The Subdistributor Agreement and Producer’s Rights

Producers should be aware that distributor agreements with subdistributors may be upheld in court even if they violate the original agreement between the producer and distributor. In Recorded Picture Company v. Nelson Entertainment Inc., the California appellate court ruled that Recorded Picture Company (Recorded Picture), the producer of "The Last Emperor," could not compel the subdistributor, Nelson, Inc.(Nelson), to pay Recorded Picture the 70 percent of home video gross receipts as agreed by Recorded Picture and its distributor, Hemdale Film Corporation (Hemdale.)

Nelson and Hemdale agreed to allow Nelson to retain 50 percent of the home video proceeds rather than 30 percent as contemplated by the original distribution agreement between Recorded Picture and Hemdale. Recorded Picture did not trust Hemdale and required all subdistributors to pay Recorded Picture directly, but Hemdale did not instruct Nelson of this obligation. Hemdale went bankrupt and Recorded Picture sued Nelson to compel payment of 70 percent of video gross receipts not just the 50 percent that Nelson agreed to a pay Hemdale.



http://www.lawyer.qtebnk.com/

Recorded Picture Company v. Nelson Entertainment, Inc.

The Subdistributor Agreement and Producer’s Rights

Producers should be aware that distributor agreements with subdistributors may be upheld in court even if they violate the original agreement between the producer and distributor. In Recorded Picture Company v. Nelson Entertainment Inc., the California appellate court ruled that Recorded Picture Company (Recorded Picture), the producer of "The Last Emperor," could not compel the subdistributor, Nelson, Inc.(Nelson), to pay Recorded Picture the 70 percent of home video gross receipts as agreed by Recorded Picture and its distributor, Hemdale Film Corporation (Hemdale.)

Nelson and Hemdale agreed to allow Nelson to retain 50 percent of the home video proceeds rather than 30 percent as contemplated by the original distribution agreement between Recorded Picture and Hemdale. Recorded Picture did not trust Hemdale and required all subdistributors to pay Recorded Picture directly, but Hemdale did not instruct Nelson of this obligation. Hemdale went bankrupt and Recorded Picture sued Nelson to compel payment of 70 percent of video gross receipts not just the 50 percent that Nelson agreed to a pay Hemdale.


http://www.blakewang.com/subdistributor_lawyer.htm

Telephone Fraud Against the Elderly

What can you do if you think fraudulent telemarketers are scamming your parents?

Consumers lose more than US$40 billion a year to telemarketing fraud. People over 50 years of age are especially vulnerable and account for about 56 percent of all victims, according to a recent study by the American Association of Retired Persons. Scam artists often target older people, knowing they tend to be trusting and polite toward strangers and are likely to be home and have time to talk with callers.

You can help empower your parents and others who may be targets of fraudulent telemarketers by describing some tip-offs to rip-offs, letting them know their rights and suggesting ways they can protect themselves.
Tip-offs to phone fraud

Many scams involve bogus prize offers, phony travel packages, get-rich-quick investments, and fake charities. Con artists are skilled liars who spend a lot of time polishing their sales pitches. As a result, it can be difficult to see through their scams.

Alert those you care about to be on their guard if they hear the buzz words for fraud. Among the tip-offs are:

* You must act "now" or the offer will expire.
* You've won a "free" gift, vacation or prize -- but you must pay for "postage and handling" or some other charge.
* You must send money, give a credit card or bank account number or have your check picked up by courier -- before you've had a chance to consider the offer carefully.
* It's not necessary to check out the company with anyone -- including your family, lawyer, accountant, local Better Business Bureau, or consumer protection agency.
* You don't need written information about the company or its references.
* You can't afford to miss this "high-profit, no-risk" offer.

It's the law

It also is helpful for people who are the targets of fraudulent telemarketers to know their rights. Anyone who is troubled by calls -- whether abusive, deceptive or simply annoying — should know that, under federal law:

* It's illegal for a telemarketer to call you if you have asked not to be called.
* Calling times are restricted to the hours between 8 a.m. and 9 p.m.
* Telemarketers must tell you it's a sales call, the name of the seller, and what they are selling -- before they make their pitch. If it's a prize promotion, they must tell you that you don't have to pay or buy anything to enter or win.
* Telemarketers may not lie about any information, including any facts about their goods or services, the earnings potential, profitability, risk or liquidity of an investment, or the nature of a prize in a prize-promotion scheme.
* Before you pay, telemarketers must tell you the total cost of the goods and any restrictions on getting or using them, or that a sale is final or non-refundable. In a prize promotion, they must tell you the odds of winning, that no purchase or payment is necessary to win and any restrictions or conditions of receiving the prize.
* Telemarketers may not withdraw money from your checking account without your express, verifiable authorization.
* Telemarketers cannot lie to get you to pay.
* You do not have to pay for credit repair, recovery room or advance-fee loan/credit services until these services have been delivered.

How to protect targets of telemarketing fraud

You also can help people you care about develop responses that will end an unwanted sales call. Possible responses to unwanted callers include: "I don't do business with people I don’t know," "Please put me on your 'Do-Not-Call List,'" "I'll need to see written information on your offer before I consider giving you money," or "You can send that information to my attorney's office at . . . ." Perhaps the easiest response is, "I'm not interested. Thank you and good-bye."

Urge your parents or anyone else troubled by calls to resist high-pressure sales tactics. Legitimate businesses respect the fact that a person is not interested. Remind an older person to:

* Say so if they don't want the seller to call back. If they do call back, they're breaking the law. That's a signal to hang up.
* Take their time, and ask for written information about the product, service, investment opportunity or charity thats the subject of the call.
* Talk to a friend, relative or financial advisor before responding to a solicitation. Their financial investments may have consequences for the family or close friends.
* Hang up if asked to pay for a prize. Free is free.
* Keep information about their bank accounts and credit cards private unless they know who they're dealing with.
* Hang up if a telemarketer calls before 8 a.m. or after 9 p.m.

Check out any company with the state and local consumer protection office before they buy any product or service or donate any money as a result of an unsolicited phone call.
* Finally, remind an older person not to send money -- cash, check or money order -- by courier, overnight delivery or wire to anyone who insists on immediate payment.

If you suspect a scam, call your state attorney general. The Federal Trade Commission's Telemarketing Sales Rule gives state law enforcement officers the power to prosecute fraudulent telemarketers


http://boomer.advisor.com/articles/telephone-fraud-against-elderly

Know the Aspects of Negligence under CA's PI Law

Knowing the causation, breach of duty or duties that give rise to cases of personal injury in the state of California is a significant piece of knowledge worth having by every resident of the country and the said state, in particular. As we all know, personal injury is a civil wrong against a person mainly triggered by the failure of another person or groups of person to exercise a certain standard of care.

The main issue that there has been negligence committed is always probed into in personal injury claims and lawsuits. This main element is necessary in order to identify who has the liability for the injuries and loss experienced by the victim.

In California, the laws that govern over personal injuries and negligence cases generally entail that people behave in reasonable manners. This will prevent them from harm and prevent other people from being harmed. The laws express legal standards of conduct or behavior as what is generally expected of reasonable person existing in a community would do under similar conditions or circumstances.

This is a duty duly imposed with safety and rationality of individuals as its foundation.

Once a person, considered as the defendant, has been found to act unsafely or has failed to act in a conduct that is considered safe and sensible, he can be duly regarded as to have committed "breach of duty of due care." This violation of duty to act reasonably results to neglect of others' welfare and safety, specifically violation to the person considered as the plaintiff, who has incurred injuries due to the defendant's acts.

The defendant will then be held liable once it is established that he had breached his duty of care and consequently caused injury and loss on the part of the plaintiff.

As the plaintiff has sufficiently proven that the defendant has been negligent, there are damages available for him or her based from the negligence and personal injury laws of California.

The damages is classified in two categories, that of compensatory and punitive.

Compensatory damages – monetary damages awarded to the plaintiff who are set to compensate the economic and non-economic losses he or she has incurred and the damages sustained as a result of the defendant's malfeasance.

• Economic damages – past, present and future medical bills incurred, lost wages and future earnings that may potentially be lost, money for destroyed or damaged properties, necessary medical equipments
• Non – economic damages – mental anguish, emotional pain and suffering, loss of a lifestyle formerly possessed before the injuries, loss of association or consortium, loss of emotional society, support and companionship, embarrassment, disfigurement or scars, depression and shock

Punitive Damages – this is also known as exemplary damages awarded to plaintiffs in the aftermath of a personal injury suit in California. It is usually considered as a form of punishment to the liable party or defendant who has committed irresponsible, willful, spiteful or wrongful acts that caused grave personal injuries and economic/non-economic losses.

Judgments of punitive damages are also meant as a fair warning to the liable person or defendant to avoid committing the same acts again. It also aims to deter others from doing similar conducts.


http://www.articlebin.com/view-Know_the_Aspects_of_Negligence_under_CA_s_PI_Law-70379.html

Special Issues Arising in Car Accident Cases

Car accident cases have many kinds of special issues that arise during litigations. These make litigations for auto accident claims more difficult and complicated.

In these issues, potential third parties spring out to become liable for the injuries incurred by the victims. As such, the litigation process must take steps to consider or hear out these special matters in order to litigate a case, thoroughly.

Here are several subjects occurring from the accident, which usually turns up as the litigation proceedings unfolds:

- Accidents involving hit-and-run – these cases have the driver as the main cause of injuries due to his failure in stopping at the scene of the accident. The hit-and-run victim may encounter some difficulty in identifying or pinpointing the liable driver and therefore brings on a lawsuit.

- Accidents involving Car-Pedestrian – these kinds of cases evolves once an automobile collides or hits a pedestrian. Often, the pedestrian victim suffers catastrophic injuries. However, they find it difficult to make claims against the liable driver since the conduct or actions of the pedestrian is also being attributed.

- Accidents involving Car-Motorcycle – Collisions between cars and motorcycles usually leave the motorcycle operator with severe injuries. This is the case although the crash may be considered relatively minor if it had been two cars colliding.

Some suggestions imply that motorcycle operators suffer from predisposition by the jury panel. They were usually blamed for causing the collision. This, even if the accident has clear indications and evidences that it was the negligence of the car driver that caused it.

- Accidents involving Car-Bicycle – like the car-motorcycle collisions, the bicyclist is usually left with serious injuries after being hit by a car. Some accidents also happen when car drivers accidentally open their car doors in front of a speeding bicyclist. The car driver's arguments usually state of not seeing the bicyclist before opening his door or having misjudged the bicycle's speed.

On the other hand, it is also a fact that some bicyclists engage in dangerous activities while on the road. Noted violations are ignoring of traffic signals and riding on the wrong side. These actions make accidents a possibility.

- Accidents involving buses – The sheer mass and size of typical buses make accidents quite serious matters and attract great attention. Furthermore, bus passengers are most often unrestrained, causing more victims to suffer injuries.

Other accidents, which arouse special issues in motor vehicle – involved car accidents, are the following:

• tractor-trailer and semi-truck accidents
• vehicle modifications involving after-market parts
• road debris accidents


http://www.articlebin.com/view-Special_Issues_Arising_in_Car_Accident_Cases-70391.html

Arizona Lemon Law

Arizona Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Arizona consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV’s, boats, computers and other consumer products.

If you purchase or lease a vehicle in Arizona and then discover that it has defects that substantially affect its safety, use or value, Arizona Lemon Law may help you gain satisfaction from the vehicle's manufacturer. Under the Arizona Lemon Law, new cars, leased cars, pre-owned cars, RV's, motor homes, motorcycles, boats and other consumer vehicles qualify for protection if they were accompanied by a written warranty. While the law cannot help everyone with a "lemon", and some people may have to hire an attorney to get their cases resolved, the law does create important rights for the consumers.

Circumstances in which the consumers seek protection under Arizona Lemon Law:

A. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if either:

1. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers during the shorter of the express warranty term or the period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier, but the nonconformity continues to exist.
2. The motor vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the shorter of the express warranty term or the two year period or twenty-four thousand miles, whichever is earlier.
B. The term of an express warranty, the two year period and the thirty day period are extended by any period of time during which repair services are not available to the consumer because of any war, invasion, strike, fire, flood or other natural disaster.
C. The presumption prescribed in this section does not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer of the alleged defect and has had an opportunity to cure the alleged defect.

Visit http://www.lemonlawamerica.com for more information on Arizona lemon law and other state lemon laws.

Differing from some laws in other states, the Arizona Lemon Law allows unsatisfied car buyers to sell the defective vehicle, or to trade it in for a different automobile. To preserve the consumer rights outlined in the Arizona Lemon Law , vehicles with warranty defects offered for sale must be accompanied by a written disclosure that declares the owner is aware of the automobiles defects (a written statement from a professional inspector is better), and the vehicle's manufacturer needs to be notified of the unsatisfied buyer's intention of sale or trade.


http://www.articlebin.com/view-Arizona_Lemon_Law-70470.html

Looking for legal advice? How to find the right law firm for you

From medical cases through personal injury, real estate, clinical negligence, to employment discrimination and dismissals - there are a huge range of legal firms that specialise in different areas of the law. Like any other industry, rather than opting for a generic "one size fits all" law firm, it's often advisable to select a specialist which has a good track record of dealing with the particular area of law that you need.

But with such as large choice of legal services out there, how does a potential client find the right law firm for them? How and where are lawyers advertising? Well, when it comes to attracting clients, some law firms are using controversial advertising to bring in custom.

An American law firm, specialising in marriage law, has recently generated a lot of attention from their billboard advertisement which featured a picture of a semi-clad buff male and busty female alongside a slogan that read: "Life's Short. Get a Divorce". The response was mixed with many people claiming the advertisements made divorce seem like a casual process, and that it was undignified and offensive and might even encourage people to get divorced.

However, the law firm, Fetman, Garland and Associates Ltd, responded that "Lawyers don't cause divorces. People cause divorces." Others have said that they loved the fresh style of the ads and have pointed out that it's an excellent example of effective advertising as it has captured people's attention and is memorable - exactly what adverts are designed to do. Some have also commented that is has brought humour and light hearted fun to an industry renowned for being a little dull.

Aside from scouring billboards, if you're looking for legal advice, the internet is obviously a good place to start and a simple Google search can throw up some potential firms to contact. There are now also comparison sites in place which match clients with the right law firms for free.

Someone searching for legal advice just needs to input details of their legal needs and the site can find an appropriate legal advisor for their particular situation. Such sites also offer articles on a range of legal areas, profiles on various law firms, legal term glossaries and even an estimation of the costs you can expect to pay.

So, if you ever find yourself in need of legal advice, know that there's plenty of help out there - just jump on the net, do your research and you'll be able to find the right legal help for your situation.


http://www.articlebin.com/view-Looking_for_legal_advice_How_to_find_the_right_law_firm_for_you-70488.html