Vehicle and Traffic Law Section 1225-c, which initially became effective in 2001, prohibits individuals from operating a motor vehicle while using a mobile telephone to engage in a call while the vehicle is in motion. The law provides specific definitions including that “using” refers to the individual holding the phone to or near the user’s ear. “Engaging in a call” refers to talking into or listening on the device, but does not include holding the phone to “activate, deactivate or initiate a function of” the phone. This law then further provides a presumption that a driver holding the phone to or in the “immediate proximity” of his/her ear while the vehicle is in motion is in fact engaging in a call. The motorist has the opportunity then to defend against this presumption.
The last thing a couple about to be married should be worried about is that one day they may be getting divorced. However, as Benjamin Franklin said, “An investment in knowledge pays the best interest.” Although the overall rate of divorce in the United States is said to be declining (a notable exception, according to the National Center for Family & Marriage Research at Ohio’s Bowling Green State University, is divorce among people over the age of 50, 25% of whom are getting divorced now compared to 10% in 1990), it’s pretty safe to say that 1 out of 3 marriages ends in divorce.
New York does not recognize an action for wrongful termination. It is an employee-at-will state, meaning that your employer can fire you for any reason or no reason, and you can quit your job for any reason or no reason. You may, however, have a claim against your employer if, for example, you have a written Employment Agreement, or your employer has an Employee Handbook which specifically addresses termination procedures and your employer did not follow those procedures, or you are protected by a union under a Collective Bargaining Agreement, or your civil rights have been violated.
HoganWillig is proud to announce that we won silver honors in the Large Business Category for Business First’s “Best Places to Work” competition. We are among a group of 73 elite local companies in Western New York that were featured in the March issue of Business First. This is the fourth year in a row that HoganWillig has placed. We are proud of our employees and grateful to our management who promote a healthy work/life balance for all our employees.
HoganWillig has the capability, legal resources and dedication to assist clients in various practice areas. This includes criminal defense for white-collar crimes ranging from forgery, bribery, insurance fraud, healthcare fraud, credit fraud, mortgage fraud, and welfare fraud. White-collar crimes are a unique legal area because many people may be unclear about what white-collar situations exactly entail or may be unaware of HoganWillig’s great defense accomplishments.
The current economic difficulty facing the NFTA provides the WNY area with an unique opportunity to offer to its citizens a community wide benefit provided in few other locations in the world. It also may be a kick start to a change in attitude that our community sorely needs, where we can become a region that is looked on by others as a place where its citizens are progressive, economically smart and world class leaders.
Suffering a serious injury in an automobile accident can have a devastating impact on one’s physical and financial well-being. Typically, a lawsuit stemming from a motor vehicle accident is brought with the goal of obtaining just compensation for injuries suffered. But consider this common, and often surprising, scenario: You are seriously injured in an automobile accident as a result of someone else’s negligence and suffer injuries determined to be worth $100,000.00. You hire an attorney, file a lawsuit, and justifiably expect to be fairly compensated for your injuries only to find out the person responsible has a maximum bodily injury insurance coverage limit of $25,000,00. What are you options?
Erie County Executive Mark Poloncarz has tapped former congressman John LaFalce to serve as chairman of the Erie County Industrial Development Agency and replaced a total of three board appointees.
Care for a disabled child after their parents have died is a significant concern for those parents. Often the disabled child is a recipient of public assistance and the assistance is desperately needed for medical care, group homes and/or other major costs of care. In order to keep the public assistance (or obtain it in the first place) those disabled children (and their parents) need to meet financial eligibility requirements. These requirements usually mean a very restricted amount of “available resources” and/or income to the child. For our discussion, that means the disabled child cannot receive an outright inheritance because it would render them ineligible or cause them to lose eligibility for the benefits they rely on.
In October, 2010, the provisions of Section 236 (B)(7)(d) of the Domestic Relations Law, were enacted, granting parties the right to seek a modification of the child support provisions contained in an Agreement as incorporated into an Order or Judgment upon a showing of :