Your Lawsuit May Have Multiple Other Defendants

Certainly, injury lawsuits (and other civil claims) involving multiple defendants can quickly become complicated, particularly when it comes to co-defendant insolvency and allocation of liability.

If you have been sued by a plaintiff in a case in which there are multiple defendants, you may be wondering how the existence of co-defendants will affect your strategy and overall liability. For a clearer understanding of how to proceed, it’s important that you consult with a skilled North Carolina civil litigation defense attorney who has experience handling claims in which there are several co-defendants.

So, how does North Carolina law address the issue of multiple defendants? The laws are actually quite straightforward, but we’ll use some examples to help contextualize its application in the real world.

Joint and Several Liability

North Carolina applies the doctrine of joint and several liability, which puts a rather large burden on the defendant(s). Under joint and several liability, each and every defendant involved in a civil lawsuit — no matter their actual fault — is liable for the entire amount of damages. If the defendant pays above their “pro rata” share (given their actual fault), then North Carolina law allows the defendant to file suit against their co-defendants and recover the excess that they paid.

Sounds complicated, right? Don’t worry — let’s shine a light on all this legalese with a brief and simple example.

Suppose that you are being sued in a motor vehicle accident case in which there was a multiple car pileup. You are one of two co-defendants. The plaintiff is asserting total damages of $250,000. Regardless of how much at fault you and the co-defendant are separately for the plaintiff’s injuries, the plaintiff may recover fully from either of you. For example, if you are financially insolvent and lack adequate insurance coverage, the plaintiff may choose to recover the $250,000 in its entirety from your co-defendant, who may have adequate insurance coverage to pay out the damages.

Contribution

North Carolina law does give each defendant the option of filing suit against their co-defendants and seeking “contribution” for the excess damages they paid. How does it work? Let’s return to the previous example.

Suppose that the court found that between you and the one other co-defendant in the motor vehicle accident, you were each 50% at-fault for the accident. Now, suppose that the plaintiff recovered fully against you. In essence, you paid 100% of the damages ($250,000). In North Carolina, the law of contribution would allow you to file suit against your co-defendant and recover the excess damages (you were technically liable for only $125,000, but paid twice that amount) that you paid. As such, you could force your co-defendant to pay the remaining $125,000 as contribution.

Despite the fact that contribution is available, the fact that defendants in North Carolina have to seek contribution puts a rather large and unfair burden on defendants. Further, it can be frustrating to recover when your co-defendant is insolvent.

2:36 AM   by News 4U ·   0

What is the International Entrepreneur Parole?

It is the Department of Homeland Security that published the rule that has started attracting foreign business owners into the United States so that they are able to take advantage of business and commerce deals. This increases spending within the country, creates jobs for American citizens and improves innovative ideas and concepts throughout the nation. The parole is to grant an authorized stay in the United States for these overseas business men and women through a case-by-case situational provision. When these persons are able to prove their commerce does improve the public such as employment and income benefits, they are granted time to remain within the country borders.

The DHS has provided these provisions due to the estimated near 3000 entrepreneurs that would be eligible to remain in the United States with these changes. The time permitted to stay in the country is initially set at a maximum of up to 30 months, but this could be extended for another 30 months when the criteria set by the department are met. Any extensions are up to the DHS to provide. Up to three entrepreneurs are permitted per each startup business entity which also includes immediate family such as spouses and children. One restriction to granted foreign citizens with a startup is that they are prohibited from working with any other company. However, spouses of these individuals may apply for United States work authorization. 

The Stipulations of the International Entrepreneur Parole

There are certain criteria that must be met for a foreign person to be considered for the International Entrepreneur Parole regulations. This individual must have a either a substantial ownership or interest in a startup company created within five years of his or her residence in the United States. The potential that exists within the business must include a rapid growth, job creation and serious interests for America. The applicant must be well-positioned, have a substantial assistance in the organization, have an active role and be central to the company. He or she then must prove to the DHS that his or her stay in the country is of serious benefit based on the role he or she possesses in the business.

Showing that his or her stay in the United States would benefit the country may be observed through investments, capital gains, an established record of successful investment opportunities and similar items. Awards, grants and other economic items with the startup or established company must be evident. This could include job creation and research and development. Assistance to federal, state and local government entities might also exist and prove that the foreign national should remain in the United States. Partially meeting multiple requirements may be compelling enough evidence to keep the individual in the country. The potential for the startup or already growing business must be proven to the agencies involved. Implications and Legal Help
If the individual seeking additional time in the United States meets the requirements, he or she could be provided with an extension to remain. However, denials are possible at any time after the first extension has been granted. This means the established company or startup must continue to provide jobs for American citizens, accrue revenue and similar factors involved. If these items fail during the first extension and the second filing, the foreign entrepreneur could face a rejection for further stays. This affects both him or her and the family. However, if the spouse has a valid work visa that is separate from the International Entrepreneur Parole regulation, he or she may remain in the United States until this is either denied or runs out. 

The children of these arrangements may not apply for a work visa unless they are of an adult age, and even then there may be restrictions. This could mean that if the family is insistent on staying in the United States, the spouses may be separated if one is rejected while the other has a working visa. It is important to contact legal professionals to ensure these processes are valid and up to date. Other issues may arise that necessitate legal assistance, and it is important to have a lawyer on hand.

2:29 AM   by News 4U ·   0

Action Items for the Estate When a Solo Physician or Dentist Dies

Initial Steps. Before doing anything else, take these initial steps.

- Step #1: Notify the CA Medical or Dental Board of the doctor’s death.
- Step #2: Notify the federal Drug Enforcement Administration of the doctor’s death. When you notify the DEA, you should receive instructions on how to dispose of the remaining drugs and controlled substances.
- Step #3: Talk with the office manager of the practice to determine the manager’s availability to help wind down the practice, and to create a plan of action.
- Step #4: Find a business broker who specializes in the sale of medical or dental practices

.What to Do with the Practice During the Interim Phase.

During the interim period while the estate is selling the practice or winding it down, you will need a doctor to operate the practice. 

- For dentists, the law is clear. At the death of a dentist, the executor of the estate may employ licensed dentists and dental assistants and charge for their services for up to 12 months after death. Ideally, the temporary dentist keeps the practice running so that you can sell it as a going concern within the 12 months. 

- For physicians, the law is not so clear. By the letter of the law, the estate may not itself operate, and may not hire a physician to operate the practice during the interim period when the estate is trying to sell the practice or wind it down. Remember that the estate is unlicensed. This means that, according to the law as written, the estate must either sell or shut down the practice immediately upon the death of the physician. In the past, the CA Medical Board has permitted the estate to bring in a physician to cover the practice for the interim period while the practice is being sold. The CA Medical Board did so on an informal basis, however, and I can't tell you that it has a policy of offering this benefit. My advice is for the estate representative to call the CA Medical Board and explain the situation, and hope to receive informal permission to bring in such a coverage physician on a temporary basis. If granted permission to do so, the estate must move fast in disposing of the medical practice. I have seen estates that operated a practice up to one year after the physician’s death. This is certainly an abuse of the leeway given by the CA Medical Board, and likely constitutes the unlicensed practice of medicine by the estate, which is illegal.

Employees. 

If you sell the practice, the employees hopefully can continue with the purchasing doctor. If you can’t sell the practice, then consider having the office manager handle the winding down of the practice, including termination of employment, payment of amounts owed at termination, COBRA notices, etc. The office manager can supervise most other actions needed for the winding down as well, for example, the giving of patient notices, payment of practice obligations, and the collection of accounts receivable. You might have to pay the office manager a little extra to stay around for this work. 

Patient Records.

Patient records are like nuclear waste: no one wants them and no one knows how long to store them. Your best option is to find a doctor to take the patients and the patient records. If a patient requests his or her patient records, thank the patient, and deliver the records to the patient immediately. 

If you can’t find a doctor to take the patient records, then how long should the estate store the records? I have no easy answer. There is no general law requiring a doctor to maintain medical records for a specific period of time. Different laws have different requirements, for example, 3 or 5 or 7 years. Most litigators advise that you hold patient records for 10 years, on the theory that most claims have gone away after 10 years. 

If nothing else, the estate should contact the doctor’s insurance carrier to determine its requirements for record retention. You do not want to violate the contract for malpractice insurance. Many carriers provide a reduced period for retaining records after a doctor’s death. The estate should hold the records for at least the period of time required by the insurance company. 

Malpractice Insurance. 

Keep the doctor’s malpractice policy in place until it expires. For high-risk practices, consider buying a tail policy. Also, keep copies of the doctor’s prior policies until you feel safe from malpractice claims against the deceased doctor. 

One Year Statute of Limitations. 

Lastly, talk with the estate’s attorney about the statute of limitations for estate and probate matters. There is a one-year statute of limitations for bringing a claim against an estate which starts to run from the date of the death of the doctor, regardless of whether the claimant knows about it. The one-year statute of limitations might cut off a lot of possible claims against the estate. 

Depending on the nature of the doctor’s practice, you might feel comfortable relying on this short one-year period for protection from patient, creditor and other third-party claims against the deceased doctor. This is a difficult decision, but it’s a critical decision, so be sure to talk about it with your attorney.

1:10 AM   by News 4U ·   0

8 Natural Foods to Quickly Burn Your Holiday Bloat

So, you gave in to holiday temptation. You dabbled with chocolates instead of dumbbells and croissants instead of cardio. Your meticulous fitness regimen crumbled under the pressure of multiple Christmas parties and family dinners. Perhaps you rationalized this by thinking that our bodies need more sweets and salty dishes to manage the harsher outdoor climate, and so you took that extra bite…or five. Either way, you and your body are rolling into the new year with a little “extra” in places, and you need it gone fast. There are plenty of options for getting rid of stomach bloat, from rigorous gym routines to more drastic fat reduction treatment solutions, but at the end of the day, your diet is the biggest factor that contributes to belly bloat. So, try out these eight natural remedies for curing winter bloat in a hurry: 1. Water Water is amazing for digestion. It helps solids move smoothly through your system for fast elimination of food that is known to cause bloating (think food heavy in salt, sugar and fat). It also helps flush out sodium, a common culprit in bloating. Adding fresh lemons to your water further increases healthy digestion by getting rid of lingering toxins. 2. Ginger Ginger is a particularly effective type of carminative, an herb that can alleviate symptoms of digestive tract distress such as bloating, gas and cramps. Ginger helps release gas, improves circulation and even fights abdominal pain, thanks to gingerol (the main active component of fresh ginger). For easy consumption, add half a teaspoon of freshly-grated ginger to a cup of hot water for a soothing tea.Foods rich in potassium are a fantastic remedy for bloating. Without potassium, your body holds on to extra sodium and water. Potassium helps flush out this excess salt and regulate sodium levels, so stock up on fresh fruit and vegetables like bananas, avocados, leafy greens and citrus fruits like oranges. 4. Fiber A lot of bloating stems from constipation, and one of the best ways to have regular bowel movements is to eat fiber-rich food. Try whole grains, nuts, seeds, fruits, vegetables, beans and other legumes for your fiber intake. Women under 50 years old should get 25 grams of fiber daily while men under 50 should have 38 grams per day. Be careful not to overdo it at the start -your body needs to build up a fiber tolerance gradually. Too much fiber all at once can actually cause buildup, so make sure you drink lots of water alongside your food. 5. Digestive enzymes Digestive enzymes aid in healthy digestion by breaking down fat, protein and carbohydrates, and they reduce bloating and other gastrointestinal issues. There are three different types of digestive enzymes- amylase enzymes break down carbs, lipase enzymes help digest fats and protease enzymes aid in the digestion of protein. Papaya, pineapple and grapefruit are great examples of fruits high in digestive enzymes, so pick up one of each the next time you’re at the supermarket. However, if these fruits aren’t in season, try digestive enzyme supplements as an alternative.Studies have shown magnesium can eliminate belly bloat by neutralizing stomach acid that can cause indigestion. Magnesium also helps to relax the intestinal walls, enabling the release of gas and lowering water retention in the body. Bananas, fish and quinoa are all excellent sources of magnesium, and so are dark, leafy green vegetables and whole grains.7. Omega-3 Fats If you’re a fan of seafood, you’re in luck. Regular consumption of salmon and other fish is a great source of omega-3 fatty acids, nutrients which reduce bloating and inflammation in the gastrointestinal tract. Omega-3 fatty acids not only calm and reduce gastrointestinal distress but heal as well, lowering sensitivities to foods that cause inflammation over time. 8. Bifidobacteria Consuming bifidobacteria, found in probiotics, has been proven to relieve gastrointestinal tract stress, specifically bloating, cramping and flatulence. When looking for sources of bifidobacteria, keep your eyes peeled for yogurt with this specific strain of probiotic on its label. While probiotics are fantastic for general healthy immune function, bifidobacteria is the only strain of probiotic proven to help with symptoms of intestinal distress.Adopting 8 new tips into your routine may seem overwhelming, but the truth is that they all fit seamlessly into a well-organized meal plan. Unsurprisingly, the most important meal to pack with nutrients is your breakfast. If you only leave yourself 20 minutes to make and eat your meal in the morning, you’ll end up consuming cereal or a muffin, which are heavy on carbs and low on bloat-busting nutrients. So, plan ahead and prepare your potassium-rich fruits and vegetables the night before. If you find yourself in a rush, blend up some oats, banana, pineapple, probiotic yogurt, and peanut butter, and take a smoothie to go. Experiment with different combinations of fruit and vegetables until you find a recipe you love. You’ll find yourself with an influx of energy to carry you through your day or workout, and you’ll be well on your way to getting your pre-December body back.Consuming the appropriate amount of Omega-3 fats can be trickier. Typically, people have an unhealthy balance of Omega-3 and Omega-6 fats. Omega-6 is present in common ingredients such as corn, soy, and canola, so naturally, humans have an overabundance of Omega-6 in their body. Try incorporating seafood into at least two meals a week. If you’re one of those people who can’t stand the thought of eating seafood, consider an Omega-3 supplement to keep your ratio in check. Lastly, you can kill two birds with one stone by enjoying ginger tea first thing in the morning. After a long, restful night of sleeping, your body is dehydrated. A cup of tea is a great first step in getting your hydration back on track. Ginger tea is naturally caffeine free, so it may not be a perfect substitute for your morning coffee, but it’s packed with vitamin C and magnesium and is an excellent way to start your day.

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5:42 AM   by News 4U ·   0

The Secret to a Successful Life? Have Zero Tolerance for Wrong Decisions

Life is full of decisions. Whether we choose this over that, we make a decision and its impact comes afterwards. From time to time, we encounter situations where we need to make a decision. And the decision could have led us to fortune or failure. Meet Joe Green,[1] the former roommate of Mark Zuckerberg, the current CEO and founder of the Facebook. Instead of dropping out of the university with his roommate to work on building a potential social networking site, he listened to his father’s suggestion to focus on his studies and obtain his degree. Well, he had never realised this seemingly rational decision would cost him $100 billion, the current valuation of Facebook. What if he followed his gut feeling and took a more risky path? It would be an entirely different story! Decision making is the most important life skill we should keep improving. Whether we are successful or happy in life is determined by the right decisions we make consistently. And most importantly, there’s a way to do it! Common Struggle: Should I Trust My Gut Feeling or Make Careful Calculations for the Right Decision We all have times struggling to make a decision, especially the important ones. And we are usually caught at a crossroads, wondering whether we should trust our gut feeling or make careful calculations to draw the conclusion. Most often, we believe that logical reasoning can bring us to the right destination. But while we’re trying so hard to make the RIGHT decisions, isn’t it more important to take a step back and ask ourselves: can the reliance on logical thinking help us make the decisions BEST for us? No, indeed. Imagine you’ve got some really good grades in public examinations. Logical reasoning would tell you to pursue degrees like law and medicine, based on the expectation that these professional qualifications could bring us to a brighter future. However, despite that it could be true financial-wise, we are overlooking our interest and whether we will be enjoying our study in those fields. Ultimately, we may earn a lot (if we can make it to graduation). But there is a even larger possibility that we will end up wasting our time pursuing something we are totally uninterested in. What if we have listened to the voice in our heart and take an alternative path to study what we enjoy and like? We would have reached a higher position and enjoyed our times in college. You may think we are suggesting that you should follow your gut feeling when making decisions. Yet, in fact, whether to make decisions based on gut feelings or reasoning is not the key point. It is how much you understand yourself that determines how likely you can make the right decisions. Only Self-Understanding Can Give You The Most Reliable Guidance In our decision-making process, we always seek external information to guide us. This includes the advice and opinions from people we know, people with expertise in the field or people we can trust. When it turns out to be a wrong decision, we blame them for misguiding us and the advice is inaccurate. We completely exclude ourselves from the consideration of options ahead. Actually, knowing ourselves better can help us judge whether the given piece of advice or information is valuable or not more accurately. None on this planet knows ourselves better than we do. And self-understanding is like a yardstick to help you assess the information or advice collected. General norms are irrelevant to decision-making. People advise us by considering the social norms and think from their perspective instead of ours. When weighing pros and cons of a decision, we should not do it objectively or base on the general norms, after all it is all about us. Remember, people who make right decisions consistently may not be the ones who are the smartest or the luckiest. They are, indeed, the ones who thoroughly understand themselves. Understanding Yourself Is Toughest Challenge You Could Have, But You Can Nail It with These 4 Steps Now we know we have to thoroughly understand ourselves. But it is easier said than done. One may think that we are born knowing ourselves and this is definitely not the case. Our subconscious minds always come into play and affect what we do and how we think without even us noticing. In fact, we may even live our lives without actually knowing who we really are. Self-understanding is an abstract concept. The notion taps into intangible things like our values or beliefs and understand your priority, strengths and weaknesses. And to start from something abstract is really challenging so here we provide a concrete step-by-step approach to draw a profile to know ourselves better. Remember to be honest to our own selves. Step 1: Myers-Briggs Personality Test If you are stuck with where to begin, try the Myers-Briggs Personality Test, it offers an analysis on your personality types and groups them into 16 different categories. The test consists of questions and statements and ask for your opinion on a scale of agreement. By taking the test, you will know who you are in a broader sense. Step 2: Strengths and Weaknesses Ask yourself on what areas you are good at and what you are not. It is even better if you can provide examples to illustrate the traits respectively. You can also ask your friends and family members the same question and compare their answers with yours. You will be amazed by the difference between how you see yourself and how they see you. Discuss with them why they have such an impression of you to investigate the reason. Step 3: Priorities Everyone weighs things in their lives differently. By putting yourself into typical scenario, you will realise what is more important to you. For example, if your house is burning down, what would you do and who would you save? You will be astonished by your way to prioritise things that you never know you do. Step 4: Strong Emotions Recall your experience when you have really strong emotions. It can be the time when you are really happy or really furious. Once you identify the incidents , you can then look into the reasons why strong emotions are triggered. What exactly made you so angry? What in particular delights you? By checking these experience, you can understand yourself more about what affects you the most emotionally. Look Further! There Are Always More Options After having thorough understanding of yourself, you should explore more options when making decisions. If you stay with the options in hand, they may be good for you. But if you further explore other alternatives, you may find some that are GREAT for you. While we are collecting information for the existing options, we may come across with other alternatives. Never leave them aside. They may be the best fit for you. There can be numerous paths leading to the same destination. But some of them are shorter and some take less effort. You should never limit yourselves in picking a new road to go. When you are looking for other possibilities, it is the time to let your imagination go wild, brainstorm with the additional information gathered and generate as many options as you can. At this point the feasibility is not of concern. You will weed out the improper ones later. Living without realizing who you are is pitiful. Mourning on the wrong decision you made is even more so. Thus, start building your own profile now and avoid being the next Joe Green! References [1] ^ Fox News: Meet Joe Green, who walked away from a $10b Facebook fortune

5:23 AM   by News 4U ·   0