Civil Rights

Civilrights, which include the right to vote, right to equality, freedom from involuntary servitude, and freedom of speech, press, assembly,is an enforceable right. Only when it is trampled upon that a person may seek redress. Civil rights law protects and preserves the liberties enjoyed by all citizens in the United States. Civil rights law also protects individuals from government conduct, which are arbitrary and which deprive individuals of their lives or property without due process of law.

The Bill of Rights in the U.S. Constitution is the primary source of civil rights law. The most important expansions of civil rights inthe United States are embodied in the Thirteenth Amendment, which abolished slavery throughout the nation, and the Fourteenth Amendment, which constitutionalizes due process of law and equalprotection of the law. The decades that followed the enactment of theThirteenth Amendment and Fourteenth Amendment saw the creation of numerous civil rights statues, most of which are still in place in the United States.

Congress passed into law the Civil Rights Act of 1964, which prohibits discrimination in public establishments connected to interstate commerce or are supported by the state. The Act defined public establishments to include places of public accommodations, restaurants, gas stations, bars, and places of entertainment. Subsequent legislation prohibited discrimination in public schools and colleges, and in federally funded problems. The Act further expanded to prohibiting discrimination in the workplace.

The Supreme Court's decisions in civil rights cases have resoundingeffects as to how civil rights are recognized throughout the nation.Supreme Court decisions also has a huge influence on how Congressenact civil rights laws and how states protect these rights.

One of main issues arising from civil rights violations is discriminationin workplace, especially with regards to gender, are common. Women,increasingly members of the LGBT community, are susceptible to sexualharassment and suffers undue disadvantage in career promotionsbecause of gender.

Another common issue is the improper conduct by law enforcement resulting toexcessive force or brutality, illegal searches and seizures, falsearrests, and unjustified police shootings. Power play often figures in lawsuits arising from police brutality, as the police or the federal government would typically argue that their act was on behalfof their duty to maintain peace and order. These lawsuits are also often emotional as surviving members of the victim's family try to seek justice for individuals killed by the police. Most often, these lawsuits are also politically charged especially in cases where race or ethnicity play a role in the police conduct.

In addition, another main issue arising from civil rights violation is malicious prosecution. As new technology are developed to probe evidence, many individuals across the nation are filing lawsuits seeking redress of their wrongful conviction. These cases involve large settlements and jury awards and would need skillful litigating tactics of a civil rights attorney. Another common abuse to civilrights is prison brutality. In recent years, inmates have gained stronger voices in telling courts of inhumane and cruel practices incorrectional facilities. Inmates, however, cannot keep a steady voice without a civil rights attorney who is ready to fight against the government.

Areas of Law

Asbestos Mesothelioma Law - Legal Information and Resources

Asbestos Mesothelioma

Asbestos is a fibrous mineral that, when inhaled over a long period of time, results to fatal diseases. The most common asbestos-related disease is lung cancer, followed by mesothelioma. People working in heavy industries, such as manufacturing, and seafarers, have the highest risk of being exposed to huge amounts of asbestos and being diagnosed with, or dying from, mesothelioma. In some cases, because asbestos is a naturally occurring mineral, even people who are not employed in industries using asbestos but are living in asbestos-rich areas become victims to these fatal diseases. There is also an increasing number of so-called "take-home" cases or secondary exposure cases where wives or other family members are diagnosed with mesothelioma through continuous exposure to asbestos when washing their husbands' or family members' work clothes.

In the United States, asbestos litigation, particularly involving mesothelioma cases, shows no sign of slowing down as mesothelioma victims increasingly go to court, rather than settle, to litigate their claims for damages. In addition, asbestos litigation in the United States continue to develop as new case precedents lead to new types of plaintiffs and new types of asbestos exposure. Moreover, while asbestos-related personal injury claims against companies who used asbestos in their products are stabilizing, limitations imposed on the filing of claims against trust funds and the bankruptcy filings of numerous companies have induced plaintiffs to sue peripheral defendants. Furthermore, asbestos litigation is not limited to personal injuries arising from lung cancer or mesothelioma. Asbestos litigation arising from malignancies are also gaining popularity in state courts.

One of the complications in mesothelioma litigation is the variation of laws and rules from state to state. Courts constantly revise their trial docket to ease up the burgeoning of asbestos cases. Some courts make it easier for plaintiffs' firms to file cases while other courts don't. Other courts are also found to be more kind to plaintiffs, while other courts to defendants. Moreover, because of the huge number of asbestos litigation pending in different states, courts reach different conclusions that may or may not be applicable to another state. Even the determination of jurisdiction pose difficulty that may need the expertise of an attorney who is a specialist in asbestos litigation.

Discovery in asbestos cases is known to be exhaustive as plaintiffs need to prove they have been diagnosed with mesothelioma as a result of their occupation, and that their employers used asbestos-containing materials in their products or premises. Discovery is costly and so time-consuming that most mesothelioma victims die before their cases are concluded. One of the persistent issues presented in asbestos cases is whether companies owed a duty to warn its employees of the danger of asbestos contained in their products. Decisions on this question vary from state to state, and from court to court, adding more difficulty to the already-complex litigation. Another persistent issue presented in asbestos cases is the extent of a company's liability as to a person's personal injury. There are cases when a jury determines that only one company is liable, while there are cases when a jury determines that many companies are liable. Insurance coverage disputes further muddles asbestos litigation, bringing in more parties, and needing more expertise, to the case.

Areas of Law

Discrimination Law - Legal Information and Resources

Discrimination

Employment discrimination is punishable by law based on the humanistic theory that all beings are created equal and must be afforded equal rights and equal protection of the law. Employment discrimination in the United States stems from issues relating to age, disability, ethnicity, race, religion, sex, and in recent years, gender. The U.S. Constitution, through the Fifth and Fourteenth Amendment prohibits federal and state governments to discriminate. While the U.S. Constitution does not extend to private businesses, a growing number of cases through the years had the U.S. Supreme Court interpreting the anti-discriminatory provisions as applicable to both the public and private sectors.

Discriminatory practices relating to employment are prohibited by both federal and state statutes. Discriminatory practices include bias in hiring, promotion, compensation and termination. Discriminatory practices also include sexual harassment. Equal protection right requires state and federal governments to treat employees, former employees, and job applicants equally, regardless of sex, race or religion. One of the most common issues arising from violation of the equal protection clause would be refusing women or members of the LGBT community the same promotion opportunities or the same pay afforded to male workers, or refusing married homosexual couples the same employment benefits afforded to married heterosexual couples. Moreover, women have also been historically victims of discriminatory employment practices that numerous nationwide class actions have been spawned as a result of these practices.

Under the right to due process, employers are required to give employees a fair process especially when there is investigation involving an employee or in cases of termination. One of the common cases arising from employers' violation of the right to due process would be terminating an employee because the employee exercised his or her right to form or join a union. In addition, there are several cases of employees who were laid off because they sued their employer.

When found to have suffered from discrimination, an employee may seek redress for damages against the employer. Under the U.S. Code, employees are guaranteed the right to a jury trial for cases seeking compensatory and punitive damages arising from discriminatory practices. The Civil Rights Act of 1964 also prohibits discriminatory practices by employers who have businesses in two or more states. While state and federal statutes are specific as what consists discriminatory practices, proving its existence is not easy and would require an attorney specializing in these matters. Filing a claim or a suit has to go through a tedious process that would often involve a review by a government agency and a race against statute of limitations. On top of that, the employee, being the plaintiff, also has to shoulder the cost in procuring evidence of the alleged discriminatory practices.

It is not easy for an employee, especially if acting alone, to battle an employer as the employer typically has a bevy of lawyers on stand-by to argue that the employment practice is not discriminatory and is in accordance with the law. Add to this another huge difficulty when that employer is a major corporation, whose power is not just limited to its business industry, but also extends to all three branches of the government.

Areas of Law

Truck Accident Law - Legal Information and Resources