Indiana Superior Court recently partnered with IHCDA to provide a secure Internet portal to enhance faster, more efficient resolutions for mortgage lenders and people facing foreclosure.

The mortgage crisis has vastly affected thousands of lives, both from the prospective of the lender and the borrower.  The foreclosure process is often inhibited when people facing foreclosure are not aware of the documents required or know how to properly present documents that allow for a timely, efficient and mutually beneficial resolution to the foreclosure.

The Indiana based Internet portal enhances the chance of a successful settlement agreement by providing a means to bridge the information gap between mortgage lenders and borrowers challenged by foreclosure.    During the mediation process, borrowers will know how to submit documentation to housing lenders. This information is not part of the court process but meets requirement for settlement negotiations.

Pain pumps used during and/or following surgery for medical procedures are generally safe. In fact, advancements in pain pumps have taken the fear, anxiety and discomfort out of surgery for many people throughout the U.S.

At Padove Law, we like to keep you informed about recalls that may occur with many types of medical devices over time. Such is the case for a recent CLASS I RECALL announced by the Food and Drug Administration for Moog Medical pumps, including: Curlin 6000 CMS, Curlin 6000 CMS IOD, PainSmart, and PainSmart IOD.

Not all of the company’s medical devices were recalled, but a specific group that was distributed from May 2007 to February 2011. A CLASS I RECALL signifies the need for healthcare professionals to take immediate action to return affected models to the manufacture due to the discovered risk of serious injury or death that may result with the advent of an uncovered defect in the medical device.

Indiana imposes stiff penalties for people with a DWI. Everyone today is likely to have heard the old adage, “No drinking and Driving”. Everyone today is likely to know the value associated with having a designated driver in your companionship on days or evening of drinking. Still not everyone knows the implications associated with a DWI in terms of personal injury to yourself or others. People injured by drunk drivers tend to experience some of the most debilitating injuries.

Are You A Drunk Driver? Know the Law

Generally speaking, if your blood alcohol level (BAC) is at .08% or more, you are considered a drunk driver in the state of Illinois. In addition, there is a special criterion for truck drivers or commercial vehicle drivers and people under 21 years of age. Truckers and commercial vehicles drivers may not exceed .04% in their blood content level. People under the age of 21 have a limit of .02%

Illinois has recently become the next state to embrace sales tax for retailers on the Internet. There are several other states in America that have also initiated sales taxation for Internet retailers based in their state. Over a year ago, Texas State billed Amazon for $269 million in back sales taxes due to the fact that the warehouse was located in Texas. Since then, several states have adopted the sales taxation for Internet retailers. Following receipt of the $289 million bill from the state of Texas, Amazon closed the warehouse in Texas.

Now this this form of Internet taxation has one become known as the Amazon Tax. Illinois Gov. Pat Quinn signed the legislation to generate cash flow from state sales taxes collections on the Internet. This law applies to online companies based out of Illinois, while conducting business on websites

  • The Tax Foundation has not seen evidence to suggest that this type of taxation will generate substantial revenue for individual states.

The 7th Circuit Court of Appeals indicated that an appeal may be dismissed when the law brief supporting validity of the claim does meet specifications for the appropriate word count.  Recently, Scott Memorial Hospital contended that a law brief for a False Claims Act lawsuit exceeded the word count limits by 4,000 words.  In fact, the Judge in the case remarked that heading, footnotes and quotations are all inclusive in final word counts. The Judge issued a warning for this case, but did conclude that the material in the law brief did not provide justification for the appeal.  In such cases, the oral presentations focused on stating the validity of appeals claims may be delayed when the descriptive law brief does not meet the guidelines of the court.

Law briefs must be presented in a clear and concise format. Law briefs must also deliver a clear and concise message, founded on the basis of facts, not propaganda. The best lawyers invest time and research into the preparation of law briefs to deliver informative useful information that supports the validity of the claim. There have been instances where people have attempted to prepare their own law briefs, only to be turned away causing delayed action, when the law brief does not meet the specifications of the court.

In law school, lawyers may take courses to learn how to properly write law briefs. They may participate in continuing education courses to be kept up-to-date with new laws and relative information that supports the justification for their clients’ law suits.  Failure to meet the requirements of the law and the guidelines of the court is considered flagrancy in the eyes of the law.

Garden of Life, LLC. distributes several products that have not been linked to a recall. However, the company recently voluntarily recalled its Vitamin Code Raw Vitamin C Dietary Supplement product because it may contain undeclared soy proteins that some people may be allergic to. The FDA has reported that less than 0.2% of children and adults are sensitive to soy, but for those who are allergic the risk may be great.

People with allergies to soy may experience an upset stomach, abdominal pain and in rare cases a serious allergic reaction that may be life threatening.

Garden of Life, LLC conducted a sample test to uncover that several packages showed positive for soy proteins.  This recalled product was produced by a manufacturer that is not owned by Garden of Life. Regardless, Garden of Life quality control practices are still in place for products that Garden of Life distributes.

Skippy® Reduced Fat Peanut Butter Spread By Unilever Recalled

Unilever recently announced that the company   recalled select packages of Skippy® Reduced Fat Peanut Butter Spread and Skippy® Reduced Fat Super Chunk Peanut Butter Spread because the company noticed that the identified packages may be contaminated with Salmonella.

Salmonella is an organism that has been linked to flu like symptoms. In rare cases, Salmonella may lead to a fatal infection. Seniors, children and people with weakened immune systems are particularly vulnerable.

Cheese is a wonderful source of calcium to support the strength of your bones. It is filled with lots of great vitamins, such as, thiamine, vitamin B6 and folic acid within the B-complex, and vitamin C. Yet, cheese made from raw milk that is not pasteurized is at risk of being contaminated with soil or animal feces, animal diseases, or bacteria on an animal’s skin.

This is because pasteurization allows for harmful bacteria contaminants and organism to be killed.  Since pasteurization is a process that has been used for decades, authorities have confirmed that it is a safe and effective process for eliminating contamination.

There are several cheese manufacturers that use pasteurized milk in their products, but there are other companies that use unpasteurized raw milk.  Furthermore, there is no scientific evidence that unpasteurized products are safe and effective. Since the pasteurizations process had been reviewed by the FDA, the FDA recommends that all milk products be pasteurized.

As more consumers have become interested in organic foods and drinks, there has been great number of boutique stores and farmer’s markets that have opened up across the U.S. It’s true, “natural” or organic foods and drink may be healthier than traditional “store bought” food and drink products. Yet, this is not always the case. There has been a growing concern about raw milk being distributed in some of these specialty stores.

Consumers need to be aware that Raw Milk products, such as milk and cheese,   that are not pasteurized, are not healthy to drink or eat. Locally produced and minimally processed foods may be more nutritious in some cases. However, foods and drink that are not pasteurized pose a risk for injury. Unpasteurized calcium sources like raw milk may be contaminated with unhealthy bacteria and organisms, such as, salmonella, E. coli, and listeria.

The Food and Drug Administration and the Centers for Disease Control and Prevention state that pasteurization is recommended for all milk in the United States. When milk goes through the pasteurizing process, the milk is heated to 161 degrees and maintains this heating temperature for 15 seconds to eliminate harmful bacteria and organisms. . Pasteurization kills harmful bacteria-including salmonella, E. coli, and listeria-that can contaminate milk before it gets to your table.

REMEDY TEAS voluntarily recalled the company’s Peppermint Organic Herbal Tea and Organic Herbal Tea Blend due to the discovery that the organic tea may be potentially contaminated with Salmonella. Salmonella is a food borne illness that is reported in many types of foods throughout the year. Salmonella may produce serious health issues and may be life threatening, particularly for people with elevated risk.

Salmonella “poisoning” symptoms may appear similarly to the common flu initially. Initially, symptoms may show as fever, diarrhea, bloody bowls, nausea, vomiting, and stomach pain. It is only in rare cases that the effects enter into the bloodstream to cause life threatening illness. In its most severe forms, Salmonella may lead to arterial infections, infected aneurysms, endocarditis, and arthritis. Small children, people with weak immune systems and seniors are at an elevated risk to experience more severe symptoms.

Remedy Teas did not cause the possible contamination, but the company has appropriately removed potentially contaminated teas from distribution after in house testing sample revealed the possible link to Salmonella. Remedy Teas and the FDA are continuing to investigate this matter.

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