(December 28, 2022) In a previous post, we discussed search and seizure laws pertaining to automobiles. We saw how a warrantless vehicle search must meet two requirements: probable cause and mobility. But how much of the vehicle can police officers search under this rule? If they see evidence of illegal contraband (illegal substances, for example), do they have the ability to search the entire vehicle? What about bags or locked containers in the passenger compartment or trunk? Let’s take a look at what’s covered under the mobile conveyance exception – and what is not.
(December 28, 2022) The United States Supreme Court case Mapp v. Ohio established the historic exclusionary rule, which forbids any evidence collected illegally to be used in court, which is consistent with the fourth amendment that protects against unreasonable search and seizure. However, this rule created a tricky situation for traffic officers. It frequently happened that traffic officers had probable cause to believe that illegal activity was being enabled by automobiles. However, by the time they came back with a warrant to search the vehicle, it was out of their jurisdiction, or the evidence was gone. To combat this problem, the Supreme Court ruled in Carroll v. United States to include an automobile exception to the exclusionary rule that allowed traffic officers to conduct warrantless vehicle searches… if certain conditions were met. So, when can an officer search your vehicle without your consent?
When Can a Traffic Officer Search Your Vehicle Without Your Consent?
(November 2, 2022) The city of San Antonio has had a crazy two months on the legal front, with some unusual lawsuits being filed. Bill Miller BBQ, a popular San Antonio chain, has sued its poultry supplier for $382,000 worth of chicken tenders that were “too salty” after receiving numerous customer complaints on the issue. A San Antonio lawyer has sued Texas staple grocery chain H-E-B for creating excessive noise and blocking sidewalk and road traffic from numerous early-morning deliveries, demanding compensation of up to one million dollars. Oftentimes, when people are injured or suffer extreme discomfort, they are not aware that they may be entitled to legal compensation for it. Let’s take a closer look at these unusual lawsuits and see the particulars behind the laws that drive them.
Salty Chicken – A Breach of Contract Lawsuit
American business law can seem a little complicated. However, with 31 million U.S. citizens becoming entrepreneurs and starting their own small businesses, it is important to understand some basic legal concepts that govern business in the United States. Bill Miller BBQ’s lawsuit covers both breach of contract and gross negligence, two very important legal concepts. Let’s take a look at each one.
(July 24, 2022) Former San Antonio personal injury attorney Christopher Pettit is forced to resign from practice and surrender his Texas legal license, and State Bar Card after the Supreme Court of Texas finds him guilty of professional misconduct. This means that he is no longer allowed to practice law in the State of Texas, offer any kind of legal service, or even refer to himself as an attorney.
How did this happen?
The former attorney filed for bankruptcy on June 1 after receiving multiple lawsuits from former clients claiming that he had stolen their money, some up to 700,000 USD, according to San Antonio Express-News. He claims to not know what happened to the money, but his answers did not satisfy his former clients.
Paraquat is an extremely popular herbicide used by many licensed agricultural workers. The reason it’s so popular is that this product is highly effective when it comes to killing nasty weeds and overgrown grass. However, there are risks to using this product. Studies have shown that there’s an increased risk of developing Parkinson’s disease from being exposed to Paraquat. It is, In fact, so toxic that only certified professionals are allowed to buy this product and use it by law in the United States.
Parkinson’s disease is vicious to those it affects. It progressively shuts down the nervous system as It slowly kills certain nerve cells called neurons found in the brain. Many of the symptoms are due to a loss of neurons that produce a chemical messenger called dopamine. When there is a decrease in dopamine, the brain begins to have abnormal activity, and your movement capabilities can begin to fail. However, many other symptoms can occur when this happens.
This disease can lead to the person developing issues with chewing and swallowing properly due to the disease affecting the muscles in their mouth. In addition, cognitive issues like being unable to remember things and control your emotions (dementia) are also symptoms of this horrendous disease. There are many symptoms such as; general pain in the body or specific areas, losing your ability to differentiate particular odors you previously could without any difficulties, having a lack of energy throughout the day, changes in blood pressure causing you to feel lightheaded or dizzy, and many others.
Here at Carabin Shaw, we are concerned about making Texas roads safer and our state an even better place to live. Kxan reports that in Austin, “On average, more than 11 people have died each day in traffic-related accidents on Texas roadways in 2021, state transportation leaders said Thursday. Each of these deaths has contributed to the state’s nearly 21-year streak of at least one traffic death per day.”
Bob Kaufman, the Texas Department of Transportation chief communications officer, stated. “We have a real crisis in our state,”
On Thursday, in a conference, the Texas Department of Transportation officials (DOT) broke down avoidable components that have given rise to more than two decades worth of traffic fatalities. The Texas Department of Transportation official, Michael Chacon, stated on Thursday that there were 3,556 fatalities statewide in 2021. In 2020, 3,896 individuals lost their lives in fatal traffic accidents in Texas. The total deaths figure was the highest it’s been in almost 30 years.
As the coronavirus (COVID-19) situation develops, all of our lives will undoubtedly be affected. Our families, communities, and businesses are navigating a truly unprecedented global event.
In this time of crisis, we know our role is to not only represent our clients in their time of need, protect our employees and team members, but also to help adapt to the changing realities we are now confronted.
I’m reaching out with an update from the Carabin Shaw Family to reassure you that we are working tirelessly to serve and help all of our clients prevail and to keep our employees safe at the same time.
Texas individuals who admit their loved ones into nursing homes do so with the expectation that the nursing facility will provide their family members with appropriate medical care and treat them with respect and compassion. However, the sad reality is that many people suffer abuse and serious injuries because of reckless, negligent, or careless Texas nursing home personnel. In these cases, families should take steps to pursue a Texas nursing home abuse lawsuit against the at-fault individual or entity.
Many families who try to pursue claims against Texas nursing homes face roadblocks because of arbitration agreements they agreed to upon admittance. For over twenty years, nursing home and long-term care facilities offered arbitration agreements as a way to solve disputes. Arbitration provides the parties to present their case to a neutral party who will decide on the matter. In some cases, arbitration can save both parties the time and expense of a long and drawn-out trial process. However, arbitration agreements are often one-sided and favor the party who offered the option, such as a nursing home.
These agreements are not only one-sided, but they were often a requirement for those wishing to enter nursing home care. Additionally, there was overwhelming evidence that nursing home arbitration agreements were detrimental to the safety of long-term care facility residents. To address the inherent unfairness in the rule, in 2016, lawmakers changed the rules. They explained that any facility that requires residents to sign arbitration agreements to enter the facility would not be eligible for federal funding. Even with the favorable public reaction to the ban, in 2019, a new rule took effect. The current law allows nursing homes to include arbitration agreements in their admission packets. However, it is important to note that nursing homes cannot require residents to sign the agreement as a pre-requisite to admission. Additionally, nursing homes must provide residents with at least 30-days to rescind their agreement.
December 2019 – The Carabin Shaw Law Firm is proud to be named Best Car Accident Lawyers in San Antonio for 2019. The award, presented by Expertise.com, recognizes Carabin Shaw for the firm’s outstanding experience and professionalism in providing Personal Injury legal services to their clients across the U.S. The EXPERTISE AWARD was presented this month.