Buffalo Law Journal, in an article entitled "Linked to Greatness",
cites Legalsurvival.com as "a respected source for free legal services." Among
these services are:
- New state-of-the-art online bookstore
- New Question and Answer Forum
- New Helpful Links
- Sample chapters of "How to Survive Legally as a Landlord"
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Landlord's Seminar
"How to Survive Legally as a Landlord" will be presented by attorney/author
Robert Friedman from 6:00 to 9:30 p.m. on Thursday, February 7, 2002 and Tuesday, April 16, 2002 at the
Clarence Middle School, Room 103, 10150 Grenier Road, Clarence. Mr. Friedman
will discuss evictions, leases, Small Claims Court, discrimination laws,
civil liability, insurance, security deposits, elderly tenants, drugs,
debt collection, and lead pain regulations. There is a registration and
book fee. To register, call Clarence Community Education at (716) 759-8331.
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What's New in Consumer Law?
Name can legally be changed to "Santa Claus". A Utah man, who used
the name Santa Claus for years, and closely resembles him, sought to have his name
legally changed. A Utah trial court denied his request, ruling that it could create
confusion or deter people who might want to sue him. However, the Utah Supreme Court
reversed the trial court, finding that the man had no fraudulent interest and holding
that his "proposed name may be thought by some to be unwise... However (he) has a right
to select a name by which he is known."
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What's New in Divorce/Family Law?
Father cannot be denied custody solely because of age. A Vermont
Family Court considered several issues in deciding which parent should receive
custody of their five-year old son, but ruled that the father's age was the deciding
factor. The father was 59 and the mother was 47. However, the Vermont Supreme Court
found that this was improper because the family court made no finding to support it's
assertion that the father probably could not maintain the physical or emotional stamina
necessary to raise a child. No evidence was presented that the father's age would
affect his ability to meet the child's future developmental needs.
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What's New in Estate Planning?
Surviving spouse can roll over IRA tax-free. An IRA passed through
the husband's estate because he never designated a beneficiary. His wife, as sole
beneficiary and administrator of the estate, can roll over IRA benefits payable to
his estate into her own account tax-free. Generally, when the assets in an IRA pass
to a surviving spouse through a third party, such as an estate, the IRS treats the
transaction as if the spouse had received the assets from a third party and taxes
the "roll over". However, the rule did not apply here because the wife had total
control over the estate.
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What's New in Health Law?
Hospital and drug maker liable for "false positive" cancer test. A twenty-two
year old woman underwent a hysterectomy, chemotherapy and radiation treatment after
being falsely diagnosed with cancer. When she suffered from unexplained bleeding, she
thought she had a miscarriage and sought treatment at the hospital. She was given the
Abbott pregnancy test which showed she had an elevated level of the hormone hCG. This
indicated that she was either pregnant or in the early stages of a rare form of cancer
that starts in the reproductive system. After determining that she was not pregnant,
doctors treated her with intensive chemotherapy which failed to reduce her hormone
level. She then had a hysterectomy, more chemotherapy and underwent surgery to remove
a portion of her lung to see if it had been affected.
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What's New in Insurance Law?
"Illegal acts" exclusion is void. A homeowner's insurance policy exclusion
that did not cover injuries caused by "illegal acts" is unenforceable. A teenager,
who was playing with a handgun, accidentally shot his friend. He was convicted of
involuntary manslaughter in juvenile court. The friend's family sued the teenager and
his parents for wrongful death. The parents' homeowner's policy covered injuries
resulting from "accidents" but excluded injuries arising out of "illegal acts". The
insurer argued that the exclusion covered any criminal act, including the teenager's
killing of his friend. Because thei nsurer chose not to have a criminal act exclusion,
instead opting for an illegal act exclusion, the California Supreme Court ruled it
could not read into the policy what had been omitted. Further, because the phrase
"illegal act" was undefined and ambiguous, the court said that the exclusion was
unenforceable.
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What's New in Landlord/Tenant Law?
Landlords can't ban satellite dishes. Landlords and condominium associations cannot
prevent tenants from installing satellite dishes. The U.S. Court of Appeals, D.C. Circuit upheld
a Federal Communications Commission rule that leases, zoning ordinances and condominium assocations
cannot restrict a tenant's right to install dishes, antennas and other telecommunications devices. The
original rule, which applied only to viewers with an "ownership interest" in the property, was
expanded in 1998 to include renters. The FCC has interpreted the rule to permit the imposition of
"reasonable" limits.
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What's New in Municipal Law?
Police officers and social workers can be sued. A police officer, who failed to impound an
unlicensed driver's car despite a state statute requiring him to do so, can be sued for negligence
if the driver later hit someone (Alabama Supreme Court). When a police officer pulled a speeding
driver over into a highway's center median, and both passengers were injured when
a truck veered onto the median and hit the car, they can sue the state (California Supreme Court). A
social worker who failed to monitor the drug regimen of a psychiatric patient who later killed someone
can be sued for negligence (Minnesota Court of Appeals). The defendants in the Alabama and Minnesota
cases were not entitled to governmental immunity because their actions were not "discretionary".
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What's New in Real Estate Law?
Homeowners sue over "synthetic stucco". Builders and manufacturers have been sued
for property damage caused by synthetic stucco. Two verdicts for over $1 million have been
awarded in Virginia. Homeowners noticed water damage to their ceilings, bulging or
deteriorating materials, or other signs of problems such as termite infestation and toxic
mold. Builders are being sued for not applying the product correctly, breach of contract,
fraud, and violating state protection statutes. Synthetic stucco, also knows as "Exterior
Insulation and Finish System" (EIFS), was first used in the early 1990's as a substitute for
traditional masonry such as stone, brick and stucco. EIFS typically consists of a layer of
styrofoam nailed or glued to the exterior plywood of a home and a layer of fiberglass mesh
covered with a base coat topped with a finish coat of faux stucco.
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Injured Victims' Rights
The Friedman & Ranzenhofer, P.C. Ten Point Pledge to Accident/Injury Clients is:
- To communicate with you in plain language that is easy to understand.
- To promptly return your telephone calls.
- To quickly and thoroughly investigate and analyze your case. Friedman & Ranzenhofer, P.C. does not accept every accident case.
- To have your case personally handled by an attorney.
- To keep you informed of the progress of your case at all times.
- To show you the personal care, concern and attention which has been the hallmark of our law firm since 1955.
- To not handle your case in an "assembly line" fashion.
- To accommodate the needs of you and your family during the handling of your case.
- To vigorously protect your legal rights.
- To never release your name to the media after your case has been completed, except with your written permission.
Attorney Michael H. Ranzenhofer limits his practice to automobile accident, slip and fall, dog bite and defective product cases. He is a member of the Association of Trial Lawyers of America, the Western New York Trial Lawyers Association, the New York State Trial Lawyers Association and the Erie County Bar Association Negligence Committee.
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