Disclaimer: Blick Blog discusses topics regarding general legal information for the purposes of educating readers only and should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Submitting a legal question or receipt of information on this forum does not create an attorney client relationship with attorney Michael C. Blickensderfer or Blick Law Firm. Attorney Michael C. Blickensderfer cannot guarantee a specific result in any legal matter. Also, this website and blog is not intended to solicit clients outside the State of Florida.

Ebola Epidemic| Business Legal Issues| Implications & Consequences

EBOLA, EBOLA EPIDEMIC, CNN, CNN NEWS, BUSINESS LEGAL ISSUESWritten By: Louie Talacay

Guinea, December 2013 — A curious disease took hold in the heart of West Africa. The strange illness, which was previously documented, found a way to break through the isolation of small villages and make its way to the larger city of Sierra Leon. From there, the epidemic festered and spread it reaches far and wide to the world at large.

Ebola is a very deadly disease that has a mortality rate of 70%. The latest outbreak has infected more than all previous Ebola outbreaks combined and has killed a staggering amount of people including many healthcare workers treating Ebola patients.

Media coverage of the disease and the rampant, seemingly uncontrollable, spread of the disease induce fear and anxiety to the general American public. Some people have suggested drastic measures such as quarantining people who have recently traveled to West Africa for a discrete amount of time.

The seriousness of the situation has caused many people to question the risks and benefits of drastic action. Very recently, Reed Smith, a distinguished international law firm, formed a group dedicated to addressing the legal issues associated with the Ebola outbreak.

What are the legal implications of Ebola in regards to how businesses operate? Is it legal to quarantine people without their consent? Can businesses be held liable for the accidental spread of the disease? These are all questions that the recently formed group is trying to address.

The following scenarios below outline some major questions that are associated with the Ebola outbreak…

1. A shipping company that operates in West Africa ships major goods to the United States. A cargo crate has been infected with fluids from a West African worker unaware of being infected. The disease manages to survive the flight to the United States and infects a worker handling the crate. The worker goes home and infects his family, who, in turn, infects more people. Can the business be held liable for the incident?

2. A businessman recently traveled to West Africa to conduct some key transactions. Upon arrival to the United States, he is quarantined against his will for 2 weeks. He claims to feel completely fine and does not believe he is infected. After, 2 weeks he proves to be completely healthy. The quarantining prevented him from closing the transaction and the company is forced to take the loss.

3. Take the same scenario above but instead of being quarantined, the gentleman says he feels fine and is allowed to conduct his operations. A week later he goes to the hospital and is confirmed with having the disease. CDC is then forced to track his movements and notify anyone he came in contact with, that they could be infected.

 

These scenarios are obviously just hypotheticals, for the time being, but it’s good to address the issue. It is important to know how we will handle the situation, if we ever come across this dilemma.

What do you think about the above scenarios? Go to https://www.blicklawfirm.com and give us your thoughts and opinion regarding the Ebola outbreak. Should businesses be fined or penalized for the spread of Ebola?

References:

1. http://www.washingtonpost.com/business/capitalbusiness/ebola-prompts-law-firm-to-form-group-to-advise-companies-on-liability-travel-safety/2014/10/22/fe457e54-5963-11e4-b812-38518ae74c67_story.html

2. http://www.cnn.com/2014/04/11/health/ebola-fast-facts/

 

 

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DUI | Safe Halloween

Post, Halloween 2014“Zombies!!!” you scream.

Parading around with ketchup for blood, pasty white makeup and sipping on your hard apple cider this is the Halloween party of the year! The imbued red and orange leaves make you feel alive and the crisp fall wind excites every bit of your skin. Taking another sip, you feel the blood rushing in your body. That slight feeling of euphoria stirring your senses and you are having a grand time.

**Blackout & Lights Flashing**

“Great costume man” you indicate to a gentleman. Although, this time, something seems different. The loud music is nowhere to be heard and the forays of people are nowhere to be found. All that is left is you, red and blue flashing lights and this gentleman with an astonishingly accurate police uniform.

“Step out of the vehicle” he politely asks. That’s when it hits you; you’ve made one of the worst decisions of your life. As you stumble out of the vehicle euphoria instantly vanishes. A very uncomfortable feeling stirs in the pit of your stomach as you try to walk a straight line that seems to curve in every which way. Finally, he takes out the guillotine and reads 0.1 on the breathalyzer.

Getting a DUI is extremely embarrassing and irresponsible. According to MADD “Mothers Against Drunk Driving” 4,000 people are arrested every day for drunk driving. Having a DUI on record can be a serious blemish preventing you from acquiring jobs and qualifying for certain benefits.

Police are especially aware and scrutinize the road for drunk drivers during the holiday season. They know that, that is when most people are drinking and make the rash decision to get on the road. They step up their patrol to ensure that the roads are safe for everyone during these times.

So what should you do, if you get a DUI? Well, that depends on your scenario. Many states, including Florida, have probationary periods for 1st time offenders. Having a DUI lawyer to represent you can help ensure that your license is not suspended and that other serious consequences do not occur. There is only a small window of time for you to prevent a criminal charge so speaking to an attorney right away is very important. An attorney can negotiate on your behalf and can possibly remove and charges filed against you.

To speak to an attorney about your DUI case, schedule a consultation at…call

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Immigration Services| My Personal Account

Written By: Louie Talacay

Micheal Blick red tieOne of my earliest memories happened when I was 4. My family and I immigrated to the United States from the Philippines. Being 1 of 5 children, the immigration was a long process that lingered and moved at a snail’s pace. My aunt, our sponsor, at the time spent $100k in attorney fees to speed up the process.

I recall the heart wrenching moment when my mother and brother parted ways. Immigrating to the US is a lengthy process and my brother, who was sponsored at the age of 8, was already 19 by the time we were given the “green” light. He was unable to come with us because he was already a seasoned adult. I remembered how torn and grief-stricken my mother was over the entire situation. Being so young, I did not know that things were awry but I could discern that this was not the optimal situation.

Immigration reform has altered greatly over the past decades since I moved here. Changing demographics and the upwelling of illegal immigrants has highlighted the need for such reform. According to the New York Times, illegal children are unable to attend school without being legitimized; this seemingly unfair practice has been mirrored throughout much of the United States.

I know that the only reason that my family and I were able to come to America was because we had a lawyer to represent us and expedite the process. In immigration, time is of the essence. Attorney’s can provide services such as assisting with and gaining citizenship, representation in court, and obtain immediate access to citizenship in emergency situations. They are aware of the intricate details of the immigration process and can help you through the difficulties, setbacks, and waiting that is commonplace in immigration law. Furthermore, they can counsel you on your options and will be the best source of information to assess your unique situation.

The benefits of being a citizen are underscored in our constitution. To have the right to be called an American is something that citizens take for granted and yet so many others pray and struggle over. As a society founded in immigration we need to provide access to those who truly wish to live the American Dream.

Blick Law Firm specializes in Immigration Law. They are aware that families both legal and illegal immigrants may need representation and counsel when it comes to gaining citizenship. To schedule your consultation with an attorney please call: call

 

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Post-Foreclosure| Deficiency Payments Running Amok

Written By: Louie Talacay

blick-law-firm, tampa-law-firm copyNausea, sleep-deprivation, stress, anxiety, hypertension, headache and depression: one might believe that someone suffering from these conditions is severely ill, but these are actually symptoms of an unexpected deficiency payment.

The deficiency sneaks up on them like a phantom from the past. It stalks the borrower years after they have forgotten about their abandoned home and strikes only after they’ve seemingly gotten back on the road to financial stability.

It’s a vicious cycle that never seems to end. Borrowers struggling to recover from financial distress stand up only to be knocked down again. They endure a terrifying maelstrom, seeing the break in the clouds only to realize that they are just in the eye of the storm.

Many larger lenders are now seeking deficiency payments from foreclosed borrowers. What was once an uncommon practice now seems to be commonplace, especially with the federal lending giant Fannie Mae. The surge of deficiency suits have grown exponentially like bacteria festering when times are opportune. Regulations in some states have limited the timeframe in which banks can seek deficiencies. The resultant has been the creation of debt collection factories that mimic the expansive foreclosure mills which steamrolled homeowners out of their homes and livelihoods.

Well hold your horses Fannie Mae! Borrowers are wising up and seeking counsel. They are being meticulous and weighing their options. They won’t be taken advantage of any longer. For borrowers that have been unscrupulously served a deficiency payment the following options are available:

1. Seek out a lawyer for general counsel and advice

2. Hire a lawyer to negotiate a settlement and take care of that debt once and for all

3. Take the lender or the debt collector to court for unfair and unjust practices

4. Bang the gavel and say sayonara to any deficiencies by filing for bankruptcy

Be aware of your options and don’t be victimized again. Seek counsel with an attorney that is familiar with debt collection practices at our office today and get a free consultation with an Tampa Bay attorney over 25 years!

Related Articles: http://www.reuters.com/article/2014/10/14/us-usa-housing-foreclosures-insight-idUSKCN0I30BU20141014call

Posted in Bankruptcy, Blog, Foreclosure Defense, Real Estate | Leave a comment

Criminal Defense| Traffic Tickets| Blog

Written By: Louie Talacay

CRIMINAL DEFENSE ATTORNEY, TRAFFIC TICKETS, BLOG, ABC ACTION NEWS, BLICK LAW FIRM, PERSONAL INJURY ATTORNEY IN TAMPA.Its 5 p.m. and everyone is rushing to get home. Traffic is chaotic and you are at one of the busiest intersections in the Tampa Bay area. To make things worse, you are straggling behind a bus and side-by-side traffic prevents you from moving over to another lane. The bus stops to let out some passengers; again, you are forced to wait for the hordes of people exiting the public commuter. This time, however, you realize that you are in the middle of the road and have unintentionally gridlocked the intersection. You sit uneasy, waiting for the bus to start moving again and free you from your awkward disposition. Like showers that have been cued to rain, when someone says “things could be worse”, the intersection lights begin to phase between colors. First the green light changes to yellow and all too sudden yellow becomes red. From the background a bright light illuminates the scene like lightening striking. Say hello, because you are on candid camera.

The red light camera has been one of the most controversial pieces of equipment used by traffic enforcers. Despite a multitude of complaints and issues, advocators cite the incidence of reduced fatalities at major intersections where cameras have been incorporated and frequently appeal to people’s emotions. As a result, many people have been issued an unfair traffic ticket citations for being in an unfortunate circumstance.

Traffic citations can be extremely stressful. For people who are living paycheck to paycheck the fee for a ticket can be a huge setback forcing them to decide between paying the bills or the ticket. In addition to the initial ticket cost, people are forced to go to traffic school to avoid receiving penalties on their license which is another incurred cost depleting both time and money. Regardless of doing these things, the insurance company may still choose to raise their premium forcing them to suffer through the residual outcome of their messy situation.

Taking your traffic ticket to court could save you the hassle of going through these steps. Winning your case could mean no ticket payment, no traffic school, and no increased insurance premiums. Best of all, your traffic violations could be expunged from your records and there is no history of offenses.

Check out recent news on ABC Action News to find out more information on the subject

There is no guarantee that you will win your case. It is important to have a Criminal Defense lawyer who is aware of the minutiae of traffic law to guide you and give you the best advantage. Some cases allow you to plea for a settlement that reduces the costs and penalties associated with traffic tickets. These matters are best discussed with a traffic court attorney. To schedule a consultation with an attorney, in good-standing with the bar, Think quick, Call Blick! call

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Real Estate| Short Sale| The Beast with Multiple Humps

Short Sale SignWritten By Louie B. Talacay

Imagine having a nightmare in which you encounter a monster. The monster breathes fire, is on a rampage, and has a thick, impenetrable hide. Worst of all, the only weapon you have are your hands your wits and your will to survive.

Unfortunately for some homeowners under water, this nightmare is very much real. The monster is their situation, the rampage is the preeminent foreclosure, and the impenetrable hide is the blockade between them and financial recovery.

Luckily for them, the option to short sale is available; Government backed programs such as HAFA allows these homeowners to sell their homes for less than what is owed on their mortgage. Participants of the HAFA program can sell their homes and walk away free and clear with a guarantee that the deficiency will be waived by the lender. Best of all, a credit (up to $3000) is often given to the seller for relocation assistance. Of course, homeowner’s must meet certain eligibility guidelines in order to participate in HAFA. To see if you meet these guidelines reference the “Making Homes Affordable” website –Link found below.

http://www.makinghomeaffordable.gov/Pages/default.aspx

Appealing as it may sound; most homeowners who go through this process will find that short selling is another beast of its own. Even with the help of the most experienced realtors, sellers encounter many difficulties navigating through the entire process. The problem stems from the uniqueness of each transaction. Lenders require different documentation and every situation is different. The best way to handle this challenge is to be equipped with a knowledgeable team of short sale experts. Shop around for a negotiator, typically an attorney, who is familiar with every servicer. Blick Law Firm specializes in short sales and captures the negotiation fees from the lender. They’ve closed on a myriad of short sale files and are familiar with every loan servicer. They can get the job done. Schedule your free consultation with Blick Law Firm experts today, Call 888-call973-2776!

Posted in Blog, Real Estate | Leave a comment