indiana injury and family lawyer blog

The 7th Circuit Court of Appeals indicated that an appeal may be dismissed when the law brief supporting validity of the claim does meet specifications for the appropriate word count.  Recently, Scott Memorial Hospital contended that a law brief for a False Claims Act lawsuit exceeded the word count limits by 4,000 words.  In fact, the Judge in the case remarked that heading, footnotes and quotations are all inclusive in final word counts. The Judge issued a warning for this case, but did conclude that the material in the law brief did not provide justification for the appeal.  In such cases, the oral presentations focused on stating the validity of appeals claims may be delayed when the descriptive law brief does not meet the guidelines of the court.

Law briefs must be presented in a clear and concise format. Law briefs must also deliver a clear and concise message, founded on the basis of facts, not propaganda. The best lawyers invest time and research into the preparation of law briefs to deliver informative useful information that supports the validity of the claim. There have been instances where people have attempted to prepare their own law briefs, only to be turned away causing delayed action, when the law brief does not meet the specifications of the court.

In law school, lawyers may take courses to learn how to properly write law briefs. They may participate in continuing education courses to be kept up-to-date with new laws and relative information that supports the justification for their clients’ law suits.  Failure to meet the requirements of the law and the guidelines of the court is considered flagrancy in the eyes of the law.

REMEDY TEAS voluntarily recalled the company’s Peppermint Organic Herbal Tea and Organic Herbal Tea Blend due to the discovery that the organic tea may be potentially contaminated with Salmonella. Salmonella is a food borne illness that is reported in many types of foods throughout the year. Salmonella may produce serious health issues and may be life threatening, particularly for people with elevated risk.

Salmonella “poisoning” symptoms may appear similarly to the common flu initially. Initially, symptoms may show as fever, diarrhea, bloody bowls, nausea, vomiting, and stomach pain. It is only in rare cases that the effects enter into the bloodstream to cause life threatening illness. In its most severe forms, Salmonella may lead to arterial infections, infected aneurysms, endocarditis, and arthritis. Small children, people with weak immune systems and seniors are at an elevated risk to experience more severe symptoms.

Remedy Teas did not cause the possible contamination, but the company has appropriately removed potentially contaminated teas from distribution after in house testing sample revealed the possible link to Salmonella. Remedy Teas and the FDA are continuing to investigate this matter.

It’s a buyer’s market- that is for certain! There are millions of homes available on the market for deflated prices since economic hard times and the mortgage fallout.  Yet, it may be a “buyer beware” market as well.

Disputable foreclosure proceedings that have led to improper and illegal home foreclosures are just one of the items for home buyers to be aware of. As a homebuyer, it may not be wise to buy a home that is linked to foreclosure litigation. Also, the existing homeowner may be disputing the foreclosure process.

Since many people formerly received loans in amounts above their payment capability, properties that are up for foreclosure may not have been well maintained. This creates an added risk that there are construction issues, electrical issues, heating and air conditioning issues, as well as, other home related issues that may not be visible to laymen’s eyes. So, it’s wise to secure inspections for every component in the home you plan to purchase and request a contingency offer, meaning that the offer will be null and void should the home fail inspections.

When you go to a pharmacy to pick up a prescription, pharmacists typically ask you if you have taken the medication previously and if you are familiar with the side effects.  The reason why they do this is because all drugs have side effects that some people may suffer from and consumers should make well informed decisions. Drugs are tested through a variety of methods, such as, clinical trials to identify safety and efficacy. Yet, there is an FDA reporting system that helps to regulate the safety and effectiveness of drugs by identifying drugs that have caused side effects in individuals over time.

Some side effects are short term, mere bothersome symptoms. Other side effects can be life-threatening or result in death. So, pharmacists take precautions to make certain you are aware of the risks associated with the drugs you are prescribed. Pharmacists are also familiar with drug interactions should you be taking one drug and then prescribed another drug. Some drugs can negatively interact with each other. So, the pharmacist is part of the check and balance system in medicine.

One Indiana woman went to a CVS pharmacy to fill a prescription for OsmoPrep, a drug that can negatively interact with Lisinopril, another drug she was taking. This interaction can potentially cause kidney damage or failure. The pharmacist failed to warn the woman, but she did not suffer kidney damage. However, she received a second prescription for OsmoPrep and this resulted in kidney failure. Now, this woman must undergo dialysis for a lifetime or attempt a kidney transplant.