Charities. Before you make a gift to a charity, check with
the National Charities Information Bureau (NCIB) at http://www.give.org
and GuideStar at http://www.guidestar.org. NCIB
has a handy online guide to whether 300 national charities meet their
Standards in Philanthropy; a full report on a new featured charity every two
weeks; NCIB's complete guidelines used in evaluating a charity; useful tips
to guide you in making charitable contributions; and the opportunity to order
a full report on any of the charities evaluated by NCIB. Guidestar, provided
by Philanthropic Research, Inc., has a database of comprehensive reports
describing the programs and finances of over 40,000 American non-profit
organizations. See "Estate Planning Checklist-Charitable Gifts" (Vol. 1,
No. 7).
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What's New in Debtor/Creditor Law?
Collection attorney awarded sanctions. A collection lawyer
is entitled to sanctions against a debtor who sued him under the Fair Debt
Collection Practices Act (FDCPA). Even though the lawyer's dunning letter
contained all the warnings required by the act, the debtor claimed that the
warnings were "over shadowed" by a demand that he make an "immediate
telephone call" to the lawyer. The debtor was unable to substantiate his
claims that he suffered emotional distress from the lawyer's campaign of
deceptive, unfair and abusive debt collection practices (U.S. Court of
Appeals, Ninth Circuit).
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What's New in Divorce/Family Law?
Joint Custody. There is a presumption of joint custody or
shared parenting in 14 states (California, Florida, Idaho, Iowa, Kansas,
Louisiana, Minnesota, Mississippi, Missouri, Montana, Nevada, New Mexico,
Oklahoma and Texas) and the District of Columbia. The option of joint custody
is recognized by all states except South Carolina. Most states define joint
custody simply as "frequent and continuing contact". Therefore, it can
encompass anything from an equal splitting of expenses and decision-making
to arrangements that are indistinguishable from sole custody with
visitation. The real question is what is in the best interest of the
child. See "The Right of the Custodial Parent to Move Out of the State"
(Vol. 1, No. 4). For further information, order the divorce pamphlet.
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What's New in Estate Planning Law?
Long term care. Most retirees and their families cannot
afford the average $4,770 per month for long term care services. Medicare
will provide benefits for up to 100 days in a skilled nursing facility if
certain conditions are met. The first 20 days of care are usually fully
covered. Medicare requires a co-payment of nearly $100 per day for the
next 80 days of care. If a New York State Partnership for Long Term Care
policy is purchased, the patient will be able to obtain Medicaid coverage
after the policy benefits are exhausted. Medicaid coverage will then be
based on the patient’s income alone, without consideration of assets. This
allows the patient to keep all of his or her assets. For more information
concerning the Partnership, call 1-888-697-7582 or visit their Web site at
www.nyspltc.org. The
New York State Insurance Department offers a book, Long-Term Care Services
Currently Being Sold in New York State: Summary of Benefit and Premium
Rates, which can be obtained by calling 1-800-342-3736 or visiting their
Web site at www.ins.state.ny.us.
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What's New in Health Law?
Some doctors avoid medical malpractice by filing bankruptcy. A
medical malpractice judgment can be discharged in bankruptcy even though
the doctor was "reckless" (U.S. District Court, Eighth Circuit). The doctor
had tried to save a patient money by providing cheaper--but substandard--treatment
for an infected leg. The leg eventually had to be amputated. However, the
following courts have refused to allow doctors to discharge debts: the U.S.
District Court, Sixth District, where the doctor injected a patient with an
unsterile needle and improperly treated the resulting infection, the U.S.
District Court, Tenth Circuit where a doctor prescribed anesthesia without
checking the patients medical history and tried to cover up a mistake; and
the U.S. Bankruptcy Court in the Northern District of Texas where the
surgeon erroneously removed a nerve from a patient's hand and then changed
records to hide his mistake. (# 10309)
Doctors sue HMO. An HMO who dropped a group of doctors
from its "preferred provider" list can be sued for breach of contract, bad
faith and "tortious interference with business expectancies" (Connecticut
Supreme Court). (New Hampshire Supreme Court) (# 10310)
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What's New in Landlord/Tenant Law?
Court overturns spot zoning. A town's decision to rezone
an asphalt plant in an area of light commercial and residential uses for
industrial use was overturned. The asphalt company operated a plant since
the early 1960s. Since 1968, when the land was rezoned from industrial to
business, the company had operated as a nonconforming use. As the business
expanded and volume increased, it repeatedly sought variances from the Town
Zoning Board of Appeals. In November, 1998 the town board approved a
zoning change of three parcels. A neighboring campground claimed that the
town had engaged in spot zoning and that the town had violated the State
Environmental Quality Review Act (SEQRA). The court ruled that the town
board failed to comply with all SEQRA requirements by neglecting to
complete all parts of the Environmental Assessment Form. The court held
that the town board engaged in no reasoned consideration of any of the
following factors, but instead grounded its determination solely on the
economic benefit the community would derive: (1) whether the rezoning was
consistent with a comprehensive land use plan and is compatible with
surrounding uses; (2) the likelihood of harm to neighboring properties; (3)
the availability of other parcels; and (4) the recommendations of the
professional planning staff. (New York Appellate Division, Third Department)
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What's New in Personal Injury Law?
$11.5 million award against gun seller. A store which sold
a gun to a drunken man who shot his girlfriend is liable for $11.5 million
for negligent entrustment. Selling a gun to an intoxicated person presents
a foreseeable risk of harm. The gun buyer had consumed a fifth of whiskey
and case of beer during the day. Although the store clerk indicated that
the buyer did not appear intoxicated, he had to help him fill out the
federal firearms form because his handwriting was illegible (Florida
Supreme Court).
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What's New in Real Estate Law?
Beware of IRS estate tax lien. If you acquire property from
an estate or from a seller who purchased it from an estate, it may be
subject to a special tax lien under IRC Section 6324(a)(1). The lien is on
all real and personal property of the decedent for ten years and secures
the entire estate tax due from the estate. Because the lien is established
and perfected by statute, the government is not required to record any
instrument evidencing the lien. The lien attaches to an estate on the date
of death and runs with the land of the estate until it is divested, even
if the land is transferred to a bona fide purchaser for value.
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What's New in Small Business Law?
The owners of two Massachusetts metal processing companies were
charged with assault with a deadly weapon when the ventilation
system which was designed to exhaust harmful vapors broke and smelters were
not supplied with the proper protective equipment. The company allowed
toxic dust fumes to escape from the plants metal-smelting operations and
to infiltrate the building's office where one of the victims worked. In
the other case, workers were exposed to open pits that contained cancer
causing solvents. The owner of a metal scrap company was charged with
manslaughter after one worker was pulled into a metal shredder and another
was crushed by a loading truck. The employer ignored warnings to guard the
shredder and to fix the loader's failing brakes. OSHA had cited and fined
the company for numerous violations.
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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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