Archive for March, 2009

Employee Free Choice Act: Restoring a Balance of Power

Monday, March 23rd, 2009

laborimage1On February 19th, I wrote a column, Eroding Employee Rights Has Opened Door for Unions for the Greenville News in support of the Employee Free Choice Act (EFCA), which began:

Never before in my almost 17 years of representing employees with work-related disputes have I gotten so many calls. So many I can’t take them all: People not getting paid for the hours they work, not getting commissions for sales as promised, and being fired for no reason at all. I have met with more people in a 90-day period who have been fired for no fault of their own, but who on the way out the door were presented with a noncompete agreement signed months or years earlier under threat of discharge. Employers who do such things cannot blame employees when they call an employment attorney or when they join forces and form a union.

Click to read entire article.

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An Ounce of Prevention: Choosing The Right Nursing Home

Friday, March 20th, 2009

Senior womanNursing home care is not improving. And although I believe that lawsuits on behalf of residents seriously injured by abuse and neglect provide incentives for corporate caregivers to improve care, there is no remedy as good as prevention.  And prevention is first the responsibility of the family, and choosing the nursing home is likely to be the most critical exercise of that responsibility.

Medicare’s Guide to Choosing a Nursing Home is a great place to start.  The guide is 67 pages and contains a check list to use when you make a visit to nursing homes as well as a section on how to pay for nursing home care.

Also, Medicare.gov’s Nursing Home Compare allows you to search nursing homes by state, county or name.  You can look at a nursing home’s last 3 inspection results.  Nursing homes are rated by 5 start system which takes into account quality measures, staffing and inspection results. Quality measures show, among other things, how well the nursing home helps people keep their ability to dress and eat, or how well the nursing home prevents and treats skin ulcers

This information provides families with a tool for protecting elderly family members.  Take an ounce of prevention and someone you love will be better for it.  It might save their life.

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Jurors are Tweeps Too: Web-based Mistrials A Trend

Friday, March 20th, 2009

twitter-logoJurors are instructed not to conduct independent research about issues in the cases they are selected to decide.  They must decide the case on the evidence presented.  They must not discuss the case until deliberations and then, only while in active deliberations with other jurors.  But, as a series of cases over the last week have demonstrated, locking jurors away in a room no longer guarantees they will be cut off from the outside world.

The New York Times reported in Mistrial by iPhone: Juries’ Web Research Upends Trials “a juror in a big federal drug trial in Florida admitted to the judge that he had been doing research on the case on the Internet, directly violating the judge’s instructions and centuries of legal rules. But when the judge questioned the rest of the jury, he got an even bigger shock.” The judge learned that eight other jurors were also using their phones to do research about the case and had no choice but to declare a mistrial.

Just a week earlier in What a Twit! Twitter-using Juror May Cause $12.6 million Mistrial the New York Daily News reported a motion for a new trial in a case that resulted in a $12.6 million judgment was based upon a juror’s internet postings to Twitter.com. “The motion alleges the juror researched information about the case and communicated with others outside the jury about the case.”

Just a couple of days ago, a jury found Pennsylvania state senator, Vincent J. Fumo guilty on all 137 counts of conspiracy, fraud, tax offenses and obstruction of justice.  However, the day before verdict was announce one juror was posting to Facebook and Twitter during jury deliberations.  The Philadelphia Inquirer reported in Fumo Lawyers Target Juror Deliberations that each day of deliberations, a juror sent a text message via Twitter and FaceBook, including “This is it . . . no looking back now.” And then the day before the verdict: “Stay tuned for a big announcement on Monday everyone!”

Two takeaways from these three stories:  (1) Jurors are Tweeps (people on Twitter) too, and this is a fact of life and now a fact of law.  But, these examples are just new manifestations of an age old problem of keeping jurors from outside influences.  The system counts on jurors to serve according to the rules.  (2) Lawyers are monitoring jurors online activity.  Social media offers lawyers (and the clients they represent) a new way to research jurors, before, during and after trial.

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