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In Franchising, Who Is The Employer, Who Is The Employee, And What Does It Mean?

Rick Farrell October 27, 2014

Currently, the franchise industry is facing the question of whether the franchisor, the franchisee or both is the employer of those working at a franchise outlet. Of possibly greater significance is the question of whether a franchisee is actually an employee of the franchisor under the legal definitions of employee and independent contractor. The determination of these two questions will

Florida Supreme Court Curtails Medical Malpractice Defense

Robin Bresky October 7, 2014

In several medical malpractice cases, defense attorneys have argued that the defendant doctor’s misdiagnosis did not really cause the injury if a subsequent treating physician has testified that the eventual treatment would have been the same even if the original diagnosis had been accurate. That was the argument relied on by a neurologist in Broward County when an injured patient

Dallas’ Proposed Sex Offender Residency Restrictions Affects Juveniles Too!

Laura A. Peterson October 4, 2014

Why now? is the question that immediately springs to mind as the Dallas City Council considers residence restrictions for sex offenders. The laws providing for a sex offender registry passed in 1991 and for child safety zones in 1995. These laws apply to both adults and juveniles. In the last 20 years, no study has shown either to be effective

Implied Consent & the “No Refusal Weekend”

Sheridan Lewis October 4, 2014

Throughout holidays and other times of merry-making, law enforcement agencies step up to announce “no refusal weekends” in their jurisdiction. The legal origins of the no refusal weekend are rooted largely in the implied consent statute promulgated by the Texas Legislature. Section 724.011 of the Texas Transportation Code explains that if a person is arrested for DWI (and a few

Be Careful of Risks When Subleasing Real Estate

T. Bradley Fulkerson September 23, 2014

Subleasing real estate often looks like a good solution for growing companies to find short term space at below market rates. There are several inherent risks, however, for subtenants who agree to sublease space from a primary tenant (who becomes the sublessor) that’s in a precarious fiscal position. If the sublessor stops paying or files for bankruptcy, the sublease is

Who Will Pay for Your Appeal?

Robin Bresky July 16, 2014

As a party in an appellate case, you are generally responsible for paying your own attorney’s fees. But in some cases the appellate court may determine that you are entitled to have your attorney’s fees paid. Here are a few examples. Many contracts have prevailing-party attorney’s fees provisions that require the losing party to pay the winner’s fees. Some of

The Role of the Grand Jury in Juvenile Proceedings

Laura A. Peterson July 3, 2014

As in any civil or family matter, a juvenile case begins with the filing of a petition. There is no grand jury involvement. No matter what the charge in a juvenile case – even serious felony offenses – the case begins with the prosecutor’s decision to file a petition. That does not mean there is no role for the grand

Marijuana Laws medical marijuana in arizona

Marijuana Possession: Tough on Crime or Smart on Crime?

Stephen D. Hébert June 30, 2014

We certainly have all heard the old cliché to support a tough-on-crime stance: You do the crime; you serve the time. But, what does that actually mean if you simply possess marijuana in Louisiana? The first conviction for simple marijuana possession presently carries a potential sentence of six months at parish prison and a $500 fine. With the second conviction,

Ancillary Attacks on Medical Marijuana in Arizona Through DUI Prosecution

Craig Rosenstein May 5, 2014

In 2013, medical marijuana in Arizona was implemented after the citizens of Arizona voted it in through ballot initiative. The victory was narrow and there is still a strong debate today about it. Now, reasonable people can disagree on the efficacy of marijuana as a medicine. There are also legitimate concerns that medical marijuana can be abused by those who

What is Vocational Rehabilitation?

Kay Van Wey January 29, 2014

The profession of vocational rehabilitation counseling gained importance after World War II. Many soldiers returned from combat with missing limbs, and other physical and mental disabilities that prevented them from returning to the jobs they had prior to the war. The vocational rehabilitation counselor (VRC) was trained to identify abilities and skills of workers. They work with persons with disabilities

For the Public

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