vermont car accident

Teens Face Elevated Risk of Fatal Crashes

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A study from the Insurance Institute for Highway Safety says that as soon as children reach the age of 13, their risk of dying in an automobile accident increases significantly. In one year, 4,114 Americans between the ages of 10 and 20 died in vehicle crashes. No License, No Seatbelt Common Factors in Fatal Teen […]

Football and Brain Injuries: A Complex, Toxic Relationship

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In response to alarming studies and lawsuits about the relationship between football and traumatic brain injuries, many athletic organizations are instituting new rules to prevent catastrophic brain damage caused by the game. In 2012, the National Federation of State High School Associations (NFHS) added a new rule: if a player’s helmet comes off during a […]

Can Ignition Interlock Devices Reduce Drunk Driving Accidents?

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Drunk driving is a serious epidemic that claims thousands of lives every year (10,228 people in 2010 alone, according to the National Highway Traffic Safety Administration). Alcohol checkpoints and strict laws against intoxicated driving attempt to prevent this behavior, but the statistics show that it is still a widespread concern. To curb these numbers, some municipalities […]

Picture of a brain scan

Are Concussions More than “Mild” Brain Injuries?

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In most cases, concussions are classified as mild brain injuries because they are not usually life-threatening by themselves. However, studies from multiple universities show that they can cause serious damage, especially in conjunction with additional head injuries. A study from the Medical College of Wisconsin shows how widespread concussions are. According to report published in […]

Can you be denied unemployment compensation for refusing to work with AIDS patients?

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A certified nursing assistant who refused to care for geriatric AIDS patients was denied unemployment compensation because the nursing care center claimed the nursing assistant was fired for “willful misconduct.” An employer may fire an employee for willful misconduct if the employee willfully disregards the employer’s interests, deliberately violates a rule, disregards a standard of […]

Can the police ever search without a warrant?

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There are numerous circumstances under which a search may lawfully be made without a warrant. The search can be conducted without a warrant if the safety of the police officer is involved. It may also depend on whether the police are in hot pursuit of a criminal or when they see illegal evidence in plain […]

Can the police break a door down and enter the house to arrest a person?

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Laws related to this area are known as Knock and Announce rules. The general rule is that the police officers must announce their authority and purpose in executing a search warrant. Implied in this general rule is that a suspect should be given a reasonable amount of time to come to the door before the […]

Can minors apply for trademark registration?

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A minor’s eligibility to file for trademark registration depends upon the corresponding state law. If the person validly enters into binding legal obligations in their state, that person may sign a trademark application. Otherwise, a parent or legal guardian must sign the application, clearly setting forth their status as a parent or as legal guardian […]

Can information on the internet be copied?

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Normally, information from the internet can be copied, but it is subject to certain difficulties. So long as the copy is for personal use, and the person using it does not further distribute the material, and makes no “for-profit” use of the material, there is no liability under federal copyright law. However, Congress has recently […]

Can employees using the internet on the job cause legal problems for their employer?

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Widespread access to the Internet in the workplace has opened up worlds of information for employees and the companies for which they work. The downside is that it is also possible for online employees to create new legal headaches for employers. Numerous variations on this theme have already occurred. A supervisor accesses sexually explicit websites […]

Can banks sell annuities?

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The competition between banks and insurance companies is likely to heat up after the U. S. Supreme Court’s decision that national banks can sell annuities. Although more sophisticated than the basic savings accounts that used to dominate banking, today’s annuities are directed at the same investment needs of the customers. The National Bank Act provides […]

Can an individual sue a former employer for a retaliation after he has left his job?

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Title VII of the Civil Rights Act of 1964, the federal law that prohibits discrimination in employment based on race, sex, religion, or national origin, also prohibits retaliation by an employer against “employees” or “applicants for employment” who have opposed unlawful practices or who have participated in Title VII proceedings. Read literally, this language would […]

Can an HMO be liable for bad faith-denial of coverage?

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Thirteen-year-old Angela was diagnosed with a potentially fatal eating disorder. As her mother’s dependent, Angela received care from a health maintenance organization (HMO). When her HMO doctor determined that her HMO could not provide the treatment Angela needed, he referred her to an “out-of-network” program. Under the applicable policy, the HMO would pay for this […]

Can an employee successfully sue for harassment before psychological harm is done?

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Teresa’s male boss often insulted her because of her gender and made offensive sexual comments to her. When, in front of her fellow employees, the boss asked Teresa if she had closed a deal with a customer with a promise of sex, Teresa picked up her last paycheck, quit, and sued for sexual harassment in […]

Can abandoned railroad track easements be transferred to a city for public use?

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In the 1890s, a railroad built track on easements it acquired over property in Vermont. The property owners kept title to the underlying land. In 1975, the railroad abandoned the easements. Using federal legislation commonly known as the Rails-To-Trails Act, in 1985 the State of Vermont and a city petitioned the Interstate Commerce Commission to […]

Can a will reduce Estate taxes?

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A will alone does not necessarily reduce federal estate tax. However, as such taxes begin at 37% and reach 45% in 2007-2009, and are the highest in the federal tax arsenal, estate planning can often take advantage of tax avoidance techniques that would not be available to one’s family if he or she dies without […]

Can a savings & loan sue the United States for breach of contract?

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As an inducement for healthy savings and loans to take over ailing thrifts in “supervisory mergers,” federal regulators agreed to permit the healthy thrifts to apply an especially advantageous accounting method to their acquisitions during the savings and loan crisis of the 1980s. When Congress later passed legislation in response to the savings and loan […]

Can a savings & loan sue the United States for breach of contract?

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As an inducement for healthy savings and loans to take over ailing thrifts in “supervisory mergers,” federal regulators agreed to permit the healthy thrifts to apply an especially advantageous accounting method to their acquisitions during the savings and loan crisis of the 1980s. When Congress later passed legislation in response to the savings and loan […]