Luibrand Law Firm, PLLCLawyer Albany New York | Luibrand Law Firm, PLLC | Latham2024-03-13T09:41:40Zhttps://www.luibrandlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100757/2019/07/cropped-logo-32x32.pngOn Behalf of Luibrand Law Firm, PLLChttps://www.luibrandlaw.com/?p=504822024-03-08T10:41:56Z2024-03-13T09:41:40ZUnderstanding actual malice
Contrary to its common usage, "actual malice" in defamation law does not refer to ill will or spite towards the plaintiff. Instead, it requires proof that the defendant made the defamatory statement with knowledge of its falsity or reckless disregard for the truth. In other words, the defendant must have either known the statement was false or acted with reckless disregard for whether it was true or false. This high standard reflects the First Amendment's strong protection of free speech, particularly when it comes to matters of public interest or concern.
Applying the actual malice standard
The actual malice standard applies to defamation cases involving public figures. Public figures might include politicians, celebrities or others involved in newsworthy events. In these cases, the plaintiff must prove that the defendant made the defamatory statement with actual malice. Courts scrutinize the evidence to determine whether the defendant acted with the requisite level of intent or recklessness. Courts may consider the defendant's level of knowledge, the reliability of their sources and their motives for making the statement.
The actual malice standard safeguards freedom of speech and press in defamation cases involving public figures or matters of public concern. Understanding how the actual malice standard applies in defamation cases helps individuals navigate legal disputes more effectively.]]>On Behalf of Luibrand Law Firm, PLLChttps://www.luibrandlaw.com/?p=504802024-02-21T10:04:39Z2024-02-26T10:04:08ZClarifying company policies and procedures
A main reason why employee handbooks are valuable during business litigation is their role in clarifying company policies and procedures. By documenting expectations regarding workplace conduct, harassment policies and disciplinary procedures, employee handbooks help mitigate disputes. They also provide a framework for resolving conflicts. Having well-defined policies outlined in the handbook can also help protect businesses from potential legal liabilities.
Supporting legal defenses
During litigation, employee handbooks can serve as valuable evidence to support legal defenses. If a dispute arises about employment practices or misconduct, businesses can reference the handbook to show that employees were aware of company policies. This documentation can strengthen the company's position. It can also provide a basis for asserting compliance with relevant laws and regulations.
Promoting consistency and fairness
Employee handbooks also promote consistency and fairness in the workplace. This is important during business litigation. By applying policies across all employees and departments, businesses can show a commitment to fairness and equal treatment. This consistency can help defend against claims of discrimination. It can also help companies fight claims of harassment or unfair employment practices.
By investing in well-crafted employee handbooks, businesses can enhance their legal preparedness. They can also protect their interests in the event of litigation. Many businesses require employees and new hires to sign these handbooks as a term of employment.]]>On Behalf of Luibrand Law Firm, PLLChttps://www.luibrandlaw.com/?p=504782024-02-07T09:34:16Z2024-02-12T09:34:01ZUnderstanding the use of force
Police officers receive instructions on handling various scenarios, including what ways they may apply force. The main principle is that any action they take must be reasonable and proportional to the threat. Factors such as the suspect's behavior, the seriousness of the crime and the immediate danger to the officer or others play a primary role in determining what remains appropriate.
When force becomes excessive
Force becomes excessive when it goes beyond what a reasonable officer would do under similar circumstances. This includes using physical power to restrain a suspect who is already under control and inappropriately firing weapons. Excessive force violates an individual's rights and can lead to injury or death.
Specific examples of excessive force include striking a suspect who is not resisting, using a stun gun on someone wearing handcuffs and employing chokeholds in non-life-threatening situations. Shooting an unarmed person who poses no immediate threat also falls under excessive force.
The impact of excessive force
Excessive force damages the relationship between law enforcement and the community. It can lead to mistrust, fear and anger towards police officers. Those who experience excessive force may suffer from physical injuries, emotional trauma and financial burdens due to medical bills and lost wages.
Addressing excessive force
Correcting the problem of excessive force involves training officers in the art of de-escalation. Accountability through body cameras and independent investigations also helps. Then there is the matter of community engagement. Public awareness and reporting incidents of excessive force contribute toward alleviating the problem.
Excessive force from police officers undermines confidence in law enforcement and violates people's rights. Recognizing and addressing these episodes through proper training fosters a more just and respectful society.]]>On Behalf of Luibrand Law Firm, PLLChttps://www.luibrandlaw.com/?p=504752024-01-30T09:50:13Z2024-02-02T09:49:47ZVerbal harassment
Language becomes a weapon when one wields it in such a fashion. Even today, unwelcome comments, jokes and advances of a sexual nature are dismayingly common. Such talk builds discomfort and contributes to a hostile atmosphere. Colleagues must be mindful of their words to maintain a respectful workspace.
Unwanted touching
Physical contact without consent is another form of sexual harassment. Uninvited touching, hugging or brushing against someone produces an uncomfortable and intimidating environment. It is inexcusable when someone fails to respect a co-worker's personal space and crosses clear boundaries.
Quid pro quo
Nefarious bosses may tie job benefits and career advancement opportunities to whether one accepts sexual advances. A team member may feel there is no choice but to comply. Abusing power in this manner creates a coercive atmosphere that is highly corrosive. Career advancement should not hinge on unsavory favors.
Cyber harassment
With the rise of digital communication, cyber harassment is a bigger problem than ever. Sending explicit messages and images in any fashion remains intolerable. Employers should issue clear policies regarding online conduct to discourage technological abuse within their organizations.
Curbing sexual harassment helps foster a world where everyone feels maximum safety and comfort. By actively addressing this matter, employers contribute to the rise of an inclusive workforce.]]>On Behalf of Luibrand Law Firm, PLLChttps://www.luibrandlaw.com/?p=504732024-01-23T11:32:07Z2024-01-26T11:31:32ZPhysical indicators
Physical symptoms are often the most noticeable signs of a TBI. Persistent headaches, nausea, dizziness and sensitivity to light or noise are common signs. Additionally, changes in sleep patterns and coordination difficulties may point to an underlying brain injury.
Cognitive changes
TBIs can impact cognitive functions, leading to memory problems, difficulty concentrating and a slowed thinking process. If someone experiences confusion, forgetfulness or difficulty organizing thoughts after a head injury, consider the possibility of a TBI.
Emotional shifts
TBIs can also affect emotions and behavior. Mood swings, increased feelings of anger and intense emotional reactions may be indicative of an underlying brain injury. A person should recognize these emotional shifts and connect them to the possibility of a TBI.
Medical attention
If someone observes any of these signs, seeking immediate medical attention is important. A thorough evaluation by a healthcare professional can determine the severity of the injury and guide appropriate treatment. Remember, early intervention can significantly impact the recovery process.
Long-term consequences
Ignoring the signs of a TBI can lead to long-term consequences. Delayed treatment may result in persistent cognitive impairments, affecting daily functioning and overall quality of life. Recognizing the signs early on is a proactive way to reduce potential complications.
About 1.7 million people in America struggle with TBIs. Vigilance is the key to early detection and effective intervention. By staying informed, people can navigate the complexities of head injuries and prioritize brain health.]]>On Behalf of Luibrand Law Firm, PLLChttps://www.luibrandlaw.com/?p=504712024-01-18T09:14:42Z2024-01-23T09:14:03ZMust be commonplace
Isolated incidents are typically not the basis for a hostile environment. Unless the situation is extreme, something that happens one time cannot create the ongoing hostility required under the law. Unwelcome behaviors need to be pervasive and routine. They must contribute to a toxic atmosphere that becomes commonplace. The repeated nature of these actions reinforces a sense of distress and discomfort among employees.
Create a sense of powerlessness
The longevity of negative conditions contributes to a sense of powerlessness among employees. The continued inappropriate behaviors can leave employees feeling helpless. Employees may be hesitant to speak up due to a fear of retaliation since those around them seem to be accepting of the situation.
Undermine trust
Continued negative conditions also undermine trust within the workplace. A lack of trust among coworkers and between employees and management creates a divisive and unhealthy work culture. It can contribute to emotional and psychological strain on employees.
Continuous conditions are a hallmark of a hostile work environment. It creates a situation from which employees cannot escape. For this reason, employers must address the negative conditions right away to maintain a positive and inclusive workplace culture. By intervening decisively, organizations can prevent the escalation of hostile work environments.]]>On Behalf of Luibrand Law Firm, PLLChttps://www.luibrandlaw.com/?p=504692024-01-03T08:52:47Z2024-01-08T08:52:10ZLack of knowledge
It is sometimes possible to prove the accused had no knowledge of the drugs' presence. This defense establishes that the person was unaware of the illicit substances. Establishing this lack of awareness can weaken the prosecution's case, especially if law enforcement found the drugs in a shared space or vehicle.
Illegal search and seizure
If law enforcement obtained evidence against someone through an illegal search, it might not hold up in court. This defense argues that the search violated the accused person's constitutional rights, rendering any seized drugs inadmissible. Consider that the Fourth Amendment protects individuals from unreasonable searches and seizures.
Prescription medication defense
Individuals can also defend themselves by providing a legitimate prescription for the drugs in question. Some drug charges arise from the possession of prescription medications without a valid prescription. This defense emphasizes the legal and authorized nature of their possession.
Crime lab analysis disputes
Challenging the results of drug tests conducted by crime laboratories is another avenue for defense. Errors in testing procedures, mishandling of samples or contamination issues may compromise the accuracy of the results. Disputing the reliability of the crime lab analysis can cast doubt on the evidence presented by the prosecution.
Entrapment defense
In certain cases, law enforcement officers may use entrapment to induce individuals to commit drug-related offenses. Accordingly, the entrapment defense argues that law enforcement might have coerced the accused person to engage in illegal activities.
According to the Federal Bureau of Prisons, 44.4% of inmates are in prison because of drug offenses. With the right legal defense, it is possible to mitigate the consequences of a drug conviction, or potentially even have the charges overturned.]]>On Behalf of Luibrand Law Firm, PLLChttps://www.luibrandlaw.com/?p=504672023-12-20T07:07:06Z2023-12-25T07:06:35ZFalse statement
Defamation must be a false statement of fact. Opinions and subjective expressions do not count, but ideas conveyed as an objective truth do. Opinions fall under protected speech, but stating falsehoods that could potentially harm another person is defamation.
Publication
Defamation cannot simply include private conversations or personal thoughts. The false statement has to reach a third party beyond the originator and the subject. Publishing the statement broadens its impact and amplifies the potential harm it can cause to the subject's reputation within the community or social circles.
Keep in mind that posts on social media are not private conversations. There are over 4.8 billion users on social media. When users post defamatory statements to their followers, it may constitute publication to a third party.
Unpriviledged statements
In some contexts, statements do not qualify as defamation, even if the affected person claims the statements are false. Privileged statements are statements that occur in legislative forums and legal proceedings. Essentially, these statements remain protected to encourage open discourse during legal proceedings.
Actual harm
For a defamation case to succeed, there has to be tangible harm where the subject suffers because of the false statements. Damage can manifest in different forms, including reputational harm, emotional distress or financial loss.
It is important to remember that when it comes to defamation, writing and verbal communication count.]]>On Behalf of Luibrand Law Firm, PLLChttps://www.luibrandlaw.com/?p=504652023-12-08T06:39:20Z2023-12-13T06:38:32ZKey findings
The report, Housing Matters NY, shows evidence of a segregated housing pattern across the state. These patterns affect disenfranchised groups. The following are some of the key findings:
Approximately one-third of New Yorkers live in segregated counties.
Whereas two-thirds of white households own their homes, only one-third of African American and one-fourth of Hispanic/Latinx households are homeowners.
Women and children experience higher poverty rates across all regions of the state compared to men and adults.
Households with a disabled family member are more likely to be low-income than non-disabled households.
These findings show the correlation between substandard housing conditions and race and ethnicity. They also indicate that gender and ability level affect where people live.
Eight goals for change
The authors do not blame any one person or entity for their findings. Instead, they provide eight goals and a range of action items to create access to housing. They suggest several initiatives to promote affordable home ownership. They also include strategies to end the practice of redlining.
Governor Hochul commented that confronting the housing challenge requires an aggressive multi-faceted approach. She emphasized that the path forward involves dismantling barriers, promoting fair housing education and implementing housing practices that are environmentally just.
The state government will finalize the report after a public comment period.]]>On Behalf of Luibrand Law Firm, PLLChttps://www.luibrandlaw.com/?p=504622023-12-05T06:22:53Z2023-12-08T06:22:13ZUneven surfaces
One of the primary culprits behind indoor slip and fall incidents is uneven flooring, especially in retail stores. With American retail sales reaching $5.57 billion in 2020, shopping is not going away.
Whether it is a slightly raised tile, a worn-out carpet or an unnoticed step, these uneven surfaces can catch you off guard. In the absence of proper signage or maintenance, you can easily lose your footing, resulting in unfortunate accidents.
Poor lighting
Dimly lit indoor spaces create an environment ripe for slip-and-fall incidents. Inadequate lighting can obscure potential hazards, making it difficult for you to spot uneven surfaces or obstacles in your path. Insufficient illumination not only compromises visibility but also contributes to a heightened risk of accidents, especially in areas with frequent foot traffic.
Wet floors
Spills and wet floors are breeding grounds for slip-and-fall accidents. Whether it is a recently mopped surface, a spilled drink or a leaky roof, wet floors need immediate attention from employees.
Lack of handrail support
Staircases and elevated platforms without working handrails significantly increase the risk of slip-and-fall incidents. The lack of proper support hurts your stability, especially if you have limited mobility or balance issues.
Understanding the factors that contribute to indoor slip and fall incidents is important for fostering a safer environment. Proactive measures are key to ensuring that each step taken indoors is a secure one.]]>