The Wright Firm's Weblog

Weird Lawsuit Chicago Style: Injured by a Corpse

An Illinois court recently upheld a woman’s right to sue the estate of a dead teenager.  The woman was purportedly injured by the flying dismembered body part(s) of the teen who was hit by an Amtrak train.  The plaintiff sustained a broken leg and wrist and injured shoulder after being knocked down by a sizable chunk of teen’s body.

While the court noted that case law on “flying bodies” is sparse, it stated that it was “reasonably foreseeable” that the high speed train would kill the teen and hurl his remains into the crowd on the train platform. Allegedly, 18 year old Hiroyuki Joho was running across a set of tracks to catch an inbound commuter train, when he was struck and killed by an Amtrak train going about 70 mph in the other direction.

While it is true that is Texas you can under certain circumstance sue the estate of a deceased person for negligence, there is no telling how a Texas judge would rule under these circumstances.

Have you been injured in an accident?  The Wright Firm may be able to help you!  Attorney Andrew Sher, “of counsel” to The Wright Firm, handles a variety of personal injury cases.  Give our office a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com. 

Original Chicago Tribune article can be found here: http://articles.chicagotribune.com/2011-12-29/news/ct-met-train-fatality-suit-20111229_1_amtrak-train-high-speed-train-metra-train

 

Michael Jackson’s Doc Found Guilty!

After nine hours of deliberation, a California jury found Dr. Conrad Murray guilty of involuntary manslaughter for the death of pop icon Michael Jackson.  The verdict was the culmination of a two-year trial.  Dr. Murray’s defense attorneys are reportedly not shocked by the verdict, but plan to appeal the conviction.  The defense counsel are now focused on keeping Dr. Murray from being placed in the general prison population for his own safety, due to the high-profile nature of the case.  The sentencing phase of trial begins November 29^th, and Murray could face up to four years in prison. 

Legally speaking, it’s important to note that Murray is NOT being convicted of murdering Michael Jackson.  Under California law, “involuntary manslaughter” is an accidental killing that happens under particular circumstances, while “murder” generally involves an intentional killing. 

Texas law makes a similar distinction between intentional and accidental killings.  Under the Texas Penal Code, if a person kills someone by acting recklessly (meaning that the killer consciously ignored the risks of his/her behavior) or with criminal negligence (meaning that the killer should have been aware of the risks of his behavior), then the killer will probably be guilty of “manslaughter” or “criminally negligent homicide” instead of “murder”.

Have you been accused of a crime and need help understanding the charges and your options?  The Wright Firm is here to help you!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com. 

 

Can a divorce be bad for business?

Social media outlets have been ablaze with news of Kim Kardashian filing for divorce after a mere 72 days of wedded “bliss”.  Many are now questioning whether the $10 million wedding-turned-immediate-divorce will generate backlash that will hurt the Kardashian brand.  Though there is much hate mail flying around the Twitter-verse and wedding vendors are furious, USA today reports that Kim K’s brand is safe.  The experts interviewed all came to the same conclusion – Kim’s divorce will just be a blip on her business radar, and the publicity surrounding it could actually be good for revenues.

For those of us without our own reality show, divorce can have a bigger impact on business.  In a Texas divorce if you own an interest in a business, that ownership interest can be considered a community asset; meaning, it could go into the “pot” of assets that the court divides in your divorce.  Divorce can affect your business in other ways as well.  If you and your spouse worked together, divorce obviously will put a huge strain on that working relationship.  If your business depends on “goodwill” in the community, the mud-slinging involved in a contentious divorce can be damaging to both your business and personal reputation.

Are you worried about how a divorce will affect your business?  The Wright Firm is here to help answer your questions!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Original USA Today story can be found here:  http://www.usatoday.com/life/people/story/2011-11-01/kim-kardashian-kris-humphries-divorce/51020246/1

In case you’re curious where Kim Kardashian falls in the ranks of shortest celebrity marriage, check out this info graphic from the Huffington Post: http://www.huffingtonpost.com/2011/10/31/shortest-celebrity-marriages_n_1068180.html?1320097823

 

L.A. Confidential!

In a story that sounds a bit like old Hollywood film noir:  A Los Angeles private detective faces accusations of using showgirls to lure divorcing men into drunk driving charges.  Allegedly at the behest of a divorcing wife, Christopher Butler set up a “sting” operation wherein he hired a former Las Vegas dancer to connect with the husband on a dating website.  After that the showgirl just had to get the husband to meet her, take a few shots of tequila, and convince him to get behind the wheel.  The cops took it from there.

Butler, a former police detective, is also facing federal indictment for selling drugs and operating a brothel – both in conjunction with California police agencies doing undercover work.

The Wright Firm would never use illegal means to trap an opposing party.  However, there ARE legal ways of using private investigators in a divorce case.  Word to the wise – if you are going through a divorce, behave yourself as if you are being watched.  You never know when it might be happening!

Do you need help with your divorce case?  Are you curious what options are available to investigate your spouse? Give The Wright Firm a call at (972) 353-4600, or check us out on the web at www.thewrightlawyers.com.

For the full American Bar Association article, click here:  http://www.abajournal.com/news/article/private_detective_accused_of_setting_up_divorcing_men_for_duis_with_help_of/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

 

Bakery in Your Home? Texas Cottage Food Law

The Texas Legislature has made it a bit easier to legally operate a bakery out of your home.  As of September 1^st, the Texas Cottage Food Law, as it is being called, permits aspiring cooks to bake and sell goodies from the comfort of their own home kitchen, so long as the business meets certain criteria:

• Your annual gross sales are less than $50,000
• You only make “non-potentially hazardous baked goods” (only a politician or a lawyer could come up with that phrase!), canned jams/jellies, and dry herb mixes

A very important feature to note is that the law only covers face-to-face sales, so right now online sales are still forbidden. 

Assuming cupcakes fall under the heading of “non-potentially hazardous baked goods”, this blogger is all in favor of any law that puts more cupcakes into the free market!

For all the up-and-coming pâtissiers** out there:  Did you know that the Wright Firm can help you incorporate your small business?  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

**this means “pastry chef”, but sounds more chic

For the Dallas Morning News article, click here: http://eatsblog.dallasnews.com/archives/2011/08/understanding-the-texas-cottag.html

For the full text of the law, click here: http://www.texascottagefoodlaw.com/

For more information about Texas law contact The Wright Firm at 972-353-4600 or visit our website at www.thewrightlawyers.com. 

Black Market Baby!

Many parents feel like they are not up to the task of raising their child, but would you ever consider putting a baby up for sale? Young mother Bridget Wismer allegedly had an agreement to sell her newborn son to an unrelated single man John Gavaghan for $15,000. Wismer reportedly does not believe she did anything wrong.  She had been permitting Gavaghan keep her son at night, and had also been calling on him “whenever she needed something for the baby.” 

According to Wismer, she and Gavaghan did not have an “organized” relationship or agreement, but rather he had just informally agreed to help her raise her child.  Police however allegedly have surveillance footage of Wismer and Gavaghan signing a contract for the purchase of the baby.  As one would expect, sale of babies is a crime in Wismer’s home state of Delaware.   Wismer and Gavaghan are facing charges of Dealing in Children and Conspiracy.  The baby is currently in foster care.

Texas law prohibits the sale of children, too.  Under Texas Penal Code Section 25.08, it is a second degree felony to sell or purchase a child.  However, you CAN have payment arrangements for legal fees and fees charged by a child-placing agency as part of a legitimate adoption without it being considered “sale of a child”.

Are you trying to adopt (not buy) a child?  The Wright Firm can help you with your adoption case.  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Original story can be found here: http://philadelphia.cbslocal.com/2011/10/04/police-delaware-mom-agreed-to-sell-newborn-to-philadelphia-man/

 

Married to Her Stepdad?

As a child, Orola Dalbot really liked her stepfather.  He was kind and good-looking.  However, Orola was horrified when she found out that the man was not only her stepfather – he was her husband!  Orola was married at the age of 3 in the same wedding as her mother to the same man, but she did not find out that she was married until she turned 13. 

 

The unusual marriage relationship came about because of an old custom of Orola’s tribe, the Mandi people of Bangladesh.  Orola’s mother Mittamoni was widowed at the age of 25.  According to tribal rules, for Mittamoni to remarry – she had to marry someone in the same family clan as her deceased husband.  The problem was, and is for many other women in the Mandi tribe, that there weren’t many unmarried men available who were both of marrying age and of the correct family clan.  So, Mittamoni’s only option for a groom was a 17-year-old man. When a Mandi widow marries a much younger man, tribal tradition requires that the widow offer her daughter as a sort of “alternate bride” to take over the wifely duties (yes, ALL of them) when the daughter comes of age.

 

Mothers and daughters share a lot, but can you imagine having to share a husband with your mom?  The multi-marriage took a toll on Orola’s relationship with her mother, particularly when their shared husband began to prefer his younger bride.  Her mother apparently went so far as to spike Orola’s food to make her sick, so that Mittamoni could have a night with their husband.

 

Hopefully, none of our blog readers have a family situation THIS complicated.  But whatever your family drama involves – The Wright Firm is here to help you!  If you have an ongoing or potential divorce, child custody case, child support case, or other family law issue be sure to give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

 

Original story can be found here:  http://lifestyle.msn.com/relationships/article.aspx?cp-documentid=30351206&GT1=32002

 

Off the Menu!

Prisoners on Texas’s death row will no longer be able to specially order their last meal.  The executive director of the Texas Department of Criminal Justice (TDCJ) has released a statement that effective immediately, an inmate’s last meal will be the same as the meal served to every other prisoner in the unit.

 

The policy change is in response to concerns expressed by Senate Criminal Justice Committee Chair John Whitmire.  In a letter to the director of TDCJ, Senator Whitmire stated that he had long been concerned by the practice of giving death row inmates whatever they want to order - particularly, as some inmate-requested meals in the past have been excessive to the point of ridiculousness. A specific example given is the last meal of Lawrence Brewer, the man convicted of the Jasper, Texas, death-by-dragging of James Byrd, Jr.  Brewer reportedly requested (and then failed to eat) the following menu on the taxpayer dime:

• 2 chicken fried steaks
• A triple meat bacon cheeseburger
• A cheese omelet
• Large bowl of fried okra
• Three fajitas
• A pint of Blue Bell ice cream
• A pound of barbecue, and
• Half a loaf of white bread

 

Supporters of the policy change believe it’s a win for rationality (why should a murder be treated to a personal feast?) and for the TDCJ’s budget.  Detractors find it harsh if not cruel to deny a condemned person’s last request.

 

Original article featuring a slide show of famous last meals can be found here: http://blog.chron.com/texaspolitics/2011/09/senate-criminal-justice-chair-enough-is-enough-on-last-meals-for-death-row-inmates/#1133-1

 

For information about Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewightlawyers.com.

 

DON’T FALL FOR THE PAYDAY LOAN TRAP!

Payday loans are short-term, high-interest loans given as an advance against your next paycheck.  Usually the lender will require that the customer leave a predated personal check which can be cashed on the date of the customer’s next payday.  Lenders charge $15 to over $20 per $100 borrowed for a two-week loan, which translates into an interest rate of 520 percent per year or more.

 

Customers also have the option to pay only the interest on the loan, and to carry the principal to the next paycheck.  The result is predictable.  If someone needs to borrow $500.00 today for an unexpected expense, or to pay their bills, it is unlikely that they will have $600.00 to repay the debt in two weeks.  Many customers don’t have the money to pay the entire principal on time, so they start a cycle of paying the interest only each payday, never making any gain on the principal, and in this way they stay in debt to these lenders for years.

 

In my bankruptcy practice, I see these types of loans regularly.  My clients often follow the same progression of indebtedness.  First, they get behind on their regular bills, mortgage, or car payments.  Next, they use credit cards to make up their financial shortfall.  When they have reached the limit on their credit cards they sometimes turn to payday loans.  If you see yourself heading down that path, contact me to discuss your financial situation.  My clients can often resolve their financial troubles simply by changing their strategy for repaying their debt or by making some minor changes to their budget.  If bankruptcy is needed, I can help my clients file and advise them on how to protect their assets.

 

The attorneys at The Wright Firm offer free initial consultations to clients in need of help with their financial situation.  Call Nathan Graham, a bankruptcy attorney at The Wright Firm, at 469-635-6000 or visit the firm’s website at www.thewrightlawyers.com for more information.

 

Chasing Ambulances?

We’ve heard lawyers referred to as “ambulance chasers” before, but there is a technical term for the practice of using unethical methods to chase down potential clients:  it’s called Barratry and it’s illegal.  The full definition of barratry under Texas law is found in the Texas Penal Code section 38.12.  However, the bottom line is that an attorney is forbidden by law from soliciting employment.  Put another way, the client can to come to the attorney and hire him, but the attorney cannot seek out a client and beg to be hired.  For example, a personal injury attorney cannot just show up in someone’s hospital room uninvited and try to sign the injured person up as a client.

 A new law passed this legislative session is strengthening the existing rules against barratry and helping individuals who sue attorneys who commit barratry.  Under the new Texas Government Code section 82.0651, a person who was solicited by an attorney in violation of barratry laws, but who did not sign a contract with that attorney can sue the attorney and recover:  1) $10,000.00, 2) any actual damages, and 3) the attorney fees incurred in suing the attorney who engaged in barratry.  Similar remedies are available for persons who DID sign a contract with the offending attorney.

Lawyers across the state are taking notice of the new laws.  Many are taking steps to be extremely careful in tracking how clients come to their firm.  A full-page advertisement has even been posted in the Texas Bar Journal magazine warning that, “The legislature just made it a lot more dicey to chase ambulances in Texas.”

For full article from the Dallas Bar Association click here: http://www.dallasbar.org/content/bill-creates-new-civil-remedies-barratry

For the Texas Lawyer site (by Law.com) article click here: http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202513923807&slreturn=1&hbxlogin=1

If you seek information about your Texas legal case, contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com .