ARTICLES

4/21/2015· Construction

Contractor Fraud: Beware of Unscrupulous Contractors

By: Michael Panish

Most of the misunderstandings pertaining to contractor and homeowner relationships occur as a result of unclear or wrongly interpreted construction contracts. Upon entering into a building contract, the enthusiasm for starting the proposed work often creates a kind of glazing over or dulling of the senses on the part of the homeowner. Many times questionable terms and arrangements for payment scheduling are accepted or unknowingly agreed to as the homeowner's urgent desire to start work overshadows common sense. Often, the lowest priced contractor seduces the homeowner with promises of more value for the money.

4/16/2015· Education & Schools

Rigor Meets Social-Emotional Learning (SEL)

By: Dr. Virginia Rhodes

Critical to a dynamic STEM school is a high level of instructional rigor. While this is true in all STEM schools, it is a particular challenge in those programs that serve populations inexperienced with high levels of rigor in their previous coursework.

4/14/2015· Accident Investigation & Reconstruction

Schoolbus Crossing: Safety and Security Part 1

By: Ned Einstein

In the last installment (STN, Jun, 2007), I stressed the importance of distinguishing between an actual bus stop and the waiting area across the street from it in terms of safety. But the selection of the stop and waiting area also involves concerns for student security. Sometimes, there are trade-offs that must be made. These trade-off are often complex and subtle. But they must be made correctly.

4/3/2015· Construction

Unfairly Blaming Tenants for Interior Mold?

By: Lonnie Haughton

Who likely should be blamed for the blackish mold growth found at this new three-bedroom, two-bath apartment in San Jose, California? Unfortunately, landlords often rush to accuse their tenants of generating too much "lifestyle moisture". In many cases, such assessments are both inaccurate and unfair.

3/26/2015· Life Expectancy - Life Care Planning

Life-Care Planners Can Offer Attorneys Unique Expertise

By: Ronald T. Smolarski

How funds are handled after the settlement of a case reflects the competency and knowledge of attorneys and recognizes their outstanding legal skills. This article focuses on the management of settlement proceeds and the maintenance aspect of the care of a client with a disability when that client's financial health is turned over to a trust attorney, relationship manager, financial planner, trust officer or estate planner.

3/25/2015· Medical Malpractice

How Can Causation Be Established in a Labor and Delivery Malpractice Action?

By: Dr. James Wheeler

A malpractice action requires the plaintiff to prove: (1) the defendant caregiver owed a duty of care to the plaintiff-patient, (2) the caregiver departed from that standard of care, and (3) that departure from the standard of care actually caused the injury claimed by the plaintiff. "Causation" 11; often the critical component in a malpractice action because the presence of a duty is often obvious, except perhaps in "Good Samaritan" cases, but the statutorily-required expert witnesses will argue about whether the caregiver departed from some standard of care. Because defining "causation" is difficult, there are interesting distinctions in legal versus medical, sociological, or philosophical concepts of cause-and-effect. Applying this difficult concept of "causation" to the very complex world of labor and delivery (L&D) does indeed beg the question, just how can causation be established?

3/19/2015· Construction

Contractor Fraud : Don't Become a Victim Home Renovation Projects - CONTRACTOR FRAUD SERIES (Part 1)

By: Michael Panish

As a Construction Expert Witness, I have been involved in numerous homeowner vs. contractor lawsuits that turned out to be directly created by contractor fraud. In this article, I have combined a few different actual cases, highlighting the various tactics used by dishonest contractors to bait and then hook the homeowner. In all of these cases, the homeowner prevailed.

3/12/2015· Insurance

Claims Made Insurance : A Review of The Modern Form

By: Frederick Fisher, JD, CCP

Rarely are clients immediately aware of the wrongful or erroneous actions of the "professional" they trusted to perform specific duties or services; mainly because "professional" acts or errors do not or only seldom cause immediate injury. A "professional's" wrongful acts or errors may not manifest in client injury until long after the act is perpetrated or the error is committed.

3/11/2015· Psychology

Benefits of Forensic Psychological Evaluations

By: Dr. Ray Kim

Forensic psychological evaluations have become a valuable resource for the criminal justice system by addressing important forensic questions. For instance, assessing risk for violence can help courts make appropriate decisions on issues such as sentencing, granting privileges, and community reintegration. If an individual is assessed to be a high risk for future violence, a judge has grounds to order a more restrictive setting compared to someone who is a lower risk for recidivism. By tailoring court decisions based on accurate psychological evaluations, the community is safer while the defendant's rights are also protected.

3/10/2015· Education & Schools

Urban School Myth Busted by Micro-Experiment: Do Teens Really Hate Healthy Foods?

By: Dr. Virginia Rhodes

OK, I did learn enough in 35 years of high school teaching, administration, and marriage to know one thing: The way to anyone's heart is through their stomach! Feed them, and they will come.