ARTICLES

4/1/2015· Environment

Environmental Compliance: Phase 1 Environmental Site Assessment

By: Jorge Vizcaino

On June 12th, 2014 Aero-Environmental Consulting, Inc. and Mr. Jorge Vizcaino, Certified Industrial Hygienist, performed a Phase I Environmental Site Assessment of the restaurant Wills Fargo located at 16 West Carmel Valley Road in Carmel Valley, California, referred to as the "site." The study was performed for Holman Ranch to assess the site and surrounding properties for areas of potential environmental risk and liability, which may have a negative impact on the site. The Findings, Opinions, and Conclusions sections of this Phase I ESA are based on ASTM1527-13, Sections 12.5, 12.6, and 12.8, respectively.

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?

3/12/2015· 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.

3/6/2015· Transportation

Stop Positioning and Crossing Orientation

By: Ned Einstein

Except in rural areas with vast distances between intersections, a bus stop can reasonably be placed in one of three positions:

3/5/2015· Alternative Dispute Resolution (ADR)

The Pros and Cons of Arbitration

By: Darryl Horowitt

Because of the increase in cost of litigation, and the more frequent use of arbitration clauses in all forms of contracts, arbitration is used with increasing frequency. Although arbitration is an excellent choice in many instances, it may not be right in every case. This article will discuss the pros and cons of arbitration so that you may know whether it is right for you.

3/3/2015· Construction

Best Practices In Coastal Construction

By: John Minor

With sea levels rising by some reports and inch a decade and the prediction of stronger hurricanes todays aging building stock is at risk. In addition for new construction we must learn from the past. The proliferation of coastal development begs for consistent and sustainable construction techniques.

2/24/2015· Damages

Life-Care Planners Can Help Simplify Damages For The Jury

By: Ronald T. Smolarski

How do you determine what care and how much money a chronically or catastrophically disabled individual will need for the rest of his or her life? Some attorneys representing either the plaintiff or the defendant in such cases are now getting the expert help they need from specially trained rehabilitation consultants called "life care planners".