What is Stare Decisis?

Stare decisis is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. Stare decisis ensures that cases with similar scenarios and facts are approached in the same way. Simply put, it binds courts to follow legal precedents set by previous decisions.

Stare decisis is a Latin term meaning “to stand by that which is decided.”

Stare decisis is important because it is essential to the doctrine of precedent, according to Cornell University Law School. Stare decisis means a court will stand by a ruling previously issued in earlier cases. This method is used to determine rulings in lower courts as well. Once a court has issued a ruling, all lower courts must have the same response in future cases.

Stare decisis sets an interpretation of the law that is expected to be followed in subsequent cases. In the United States, courts seek to follow precedent whenever possible to avoid disturbing matters that have already been settled.

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.  The contact information for the Tishkoff attorneys is available at Tishkoff web site:  https://tish.law/Stay in touch with Tishkoff: http://bit.ly/TishkoffPLC

Sources: https://www.investopedia.com/terms/s/stare_decisis.asp

https://www.reference.com/government-politics/importance-stare-decisis-538d28dc2d254c44

What is are Whistleblower Acts?

Whistleblowing is a colloquial term for disclosing wrongdoing in an
organization. Whistleblowing acts protect workers from being retaliated
against by their employer if they make a ‘protected’ disclosure.

President Barack Obama issued Presidential Policy Directive 19 (PPD-19), entitled “Protecting
Whistleblowers with Access to Classified Information.” This legislation, signed by President
Obama on October 10, 2012, ensures that employees serving in the Intelligence Community or
who are eligible for access to classified information can effectively report waste, fraud, and
abuse while protecting classified national security information. It prohibits retaliation against
employees for reporting waste, fraud, and abuse.
There are seventeen federal acts that protect whistleblowers. In addition to federal whistleblower
protection laws, most states make it unlawful to fire employees for reporting employer violations
and other acts of misconduct.
If you have been fired for whistleblowing, do not hesitate to contact the attorneys at Tishkoff.

First Civil Lawsuit Filed For El Paso Mass Shooting

A tragic shooting occurred August 3rd, 2019, in El Paso, Texas at a local Wal-Mart, leaving 22 people dead.  A mother and father, Jessica and Guillermo Garcia, who were both shot but thankfully survived, are now suing Wal-Mart and the shooter in a civil lawsuit for not having the proper security to help prevent such a horrible situation.  Part of what makes the case particularly tragic and of immediate national importance is that the shooter admitted that he was specifically aiming for people of Mexican heritage. This is yet another example of the apparent rise in ethnic hostility in the United States as it approaches the end of this century’s second decade.

In response to the rising number of shootings, Wal Mart changed their rules on open carry firearms, banning them from the premises and restricting sales of certain ammunition.  Dick’s Sporting Goods and Kroger followed suit.

Case Details

The Texas case is pending in the 120th District Court, officially titled: Jessica Garcia, Individually, and As Next Friend of Guillermo Garcia, and As Next Friend of K.G. and G.G., Minors VS Walmart, Inc.; Wal-Mart Stores Texas, LLC and Patrick Wood Crusius, Case No. 2019DCV3471.  Plaintiffs Jessica and Guillermo Garcia are represented by Robert E. Ammons, Esq.  The shooter, Patrick Crusius, Walmart, Inc. and Wal-Mart Stores Texas, LLC are the Defendants.

The Garcias were shopping near the entrance of the El Paso Wal-Mart store with their two children when Crusius approached with an AK-47 assault rifle and began shooting.  Crusius shot at the Garcias multiple times as their children watched in horror. At least one bullet hit Guillermo’s spine and he has undergone multiple surgeries since. Today, over a month after the shooting, Guillermo remains in the hospital in critical condition.  Jessica Garcia was also hospitalized for her injuries but has since been released.

What Is Meant By Ethnic Hostility Or Prejudice?

The terms ethnic hostility or prejudice are commonly used to denote hatred against ethnic groups.  This can range from passive actions, such as not giving an employee a better position due to prejudice instead of work ethic or belittling an individual for not being proficient in a language, to more aggressive behaviors, like targeting specific people with different ethnicity for violence or threats.  Ethnic hatred can be used for negative propaganda and is a serious offense in many countries. Across the globe, over just the last 20 years, millions upon millions have lost their lives as victims of ethnic hostility or prejudice. 

Victims of any type of prejudice or discrimination should not hesitate to enforce their civil rights and may be entitled to legal compensation.  Please contact an attorney at Tishkoff if you have any questions or concerns regarding your civil rights. Contact information for the attorneys at Tishkoff is available at the Tishkoff website: https://tish.law/.

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Sources: 

https://www.cbsnews.com/news/walmart-shooting-el-paso-family-sues-after-both-parents-were-shot-in-attack/

https://www.cnn.com/2016/06/14/us/amarillo-walmart-armed-person/index.html

https://casesearch.epcounty.com/PublicAccess/CaseDetail.aspx?CaseID=8272002

https://www.prnewswire.com/news-releases/the-ammons-law-firm-reports-family-files-first-lawsuit-after-el-paso-wal-mart-shooting-300911720.html

Senate Bill No. 477 Adds Felony Provisions For Employer Payroll Fraud

Currently, the Michigan Senate is reviewing Senate Bill No. 477.  This bill strengthens the penalties for employers who engage in payroll fraud. 

The current statute, Michigan Employment Law 1978, Act 390 (the “Act”), states at Sec. 15, “An employer who, with intent to defraud, fails to make payment of the wages and fringe benefits due an employee as provided in this act, is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00, or imprisonment for not more than 1 year, or both.” 

Senate Bill No. 477 states, “An employer who, with the intent to defraud, fails to pay the wages and fringe benefits due an employee as provided in this act is guilty of a crime punishable as follows: 

  1. For a first violation, a misdemeanor punishable by imprisonment for not more than 1 year or a fine not more than $1,000.000, or both.

 

  1. For a second or subsequent violation, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both.” 

Senate Bill No. 477’s major changes to the Act include felony provisions for multiple violations and the clarification that this is a crime, rather than a misdemeanor. 

What does this mean for employers? The Act as amended would deter employers from taking part in unethical processes.  Employers would need to make sure they maintain accurate payroll and accounting records. Violators would pay higher fines for subsequent violations, and could be imprisoned for criminal conduct if found guilty.  Ramifications include damage to a business’s reputation. 

What does this mean for employees?  This would mean employers would be more likely not to defraud their employees of their wages and benefits.  Employees would have more ease of mind when trusting in their employer’s payroll practices and this might help build better relationships between the employers and their employees. 

This act would commence 90 days after the date it is enacted into law.

You can find the original Act here: http://www.legislature.mi.gov/(S(mavkiagunh3dtpijakzzttoo))/mileg.aspx?page=getObject&objectName=mcl-408-485 

You can find the Senate Bill No. 477 here: http://www.legislature.mi.gov/(S(0uphumtdgwxbkrhviqjols3a))/mileg.aspx?page=GetObject&objectname=2019-SB-0477

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding business or employment law.  The attorneys at the Tishkoff, located in downtown Ann Arbor, Michigan, may be reached by phone or email.  Their contact information is available at Tishkoff’s web site: https://tish.law/.  Stay in touch with Tishkoff: http://bit.ly/TishkoffPLC.

What is an EEOC complaint?

EEOC complaints are handled by the Equal Employment Opportunity Commission (EEOC), the body responsible for investigating discrimination complaints based on religion, race, national origin, color, age, sex, and disability. A company with more than 14 employees is subject to the EEOC stepping in. Every employee has the right to file an EEOC complaint, not only those who feel like they have been discriminated against.

Once the charge is filed, the EEOC can respond in several ways. It will most certainly ask your employer to respond to your allegations and might proceed to investigate your claims or send you and your employer to mediation. Mediation is an amicable step to try to resolve the dispute informally, as is trying to broker a settlement directly with your employer.

If the EEOC doesn’t resolve the problem with one of the above methods, it can choose to file a lawsuit against the employer for you.

It’s difficult to act for your civil liberties and civil rights violations on your own. When you begin to feel that either of these have been violated, then you should talk to an attorney to get a professional opinion. An experienced civil rights attorney knows the differences between these basic rights and can help you with a possible claim.

Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding litigation, or business or employment law.  The attorneys at the Tishkoff, located in downtown Ann Arbor, Michigan, may be reached by phone or email.  This contact information is available at Tishkoff web site:  https://tish.law/Stay in touch with Tishkoff: http://bit.ly/TishkoffPLC

 

Sources: 

https://www.upcounsel.com/eeoc-complaints

https://www.eeoc.gov/employees/howtofile.cfm

What is Reverse Discrimination?

Reverse discrimination is discrimination against members of a dominant or majority group, in favor of members of a minority or historically disadvantaged group. 

The term “reverse discrimination” sometimes is used to describe a type of discrimination wherein members of a majority or historically advantaged group (such as Caucasians or males) are discriminated against based on their race, gender, age, or other protected characteristic.  These types of claims typically arise in the areas of employment or education. Occasionally, the term also is used to negatively describe programs meant to advance or promote minorities and address inequality. While the term “reverse discrimination” is not expressly included in federal civil rights legislation, these types of lawsuits are generally brought as discrimination cases under Title VII of the Civil Rights Act of 1964 and other statutes.

Because anti-discrimination laws were originally enacted to prevent discrimination against minorities and groups that were historically disadvantaged and denied opportunities in the workplace, there may be a perception that members of majority groups are not protected by the same laws.  As a result, the term “reverse discrimination” originated to describe these kinds of cases where members of a majority group claim they were discriminated against based on their age, race, gender or other protected characteristic.

If you have been discriminated against on the basis of your race, gender or another illegal reason, you may be entitled to compensation.  Schedule a free initial consultation with the attorneys at Tishkoff, located in downtown Ann Arbor, Michigan. Their contact information is available at Tishkoff’s web site:  https://tish.law/.

Stay in touch with Tishkoff: http://bit.ly/TishkoffPLC

Sources:

https://en.wikipedia.org/wiki/Reverse_discrimination

https://employment.findlaw.com/employment-discrimination/reverse discrimination.html

What Is A Class Action Lawsuit?

A “class action” lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group.  Other names for lawsuits brought by a number of people who suffered similar harm or losses are “mass tort litigation” and “multi-district litigation” (“MDL”).

In a class action lawsuit, one of the parties is a group of people who are represented collectively by a member of that group.  The concept of a class action originated in the United States and is still predominantly a U.S. phenomenon; however, Canada, as well as several European countries, made changes in recent years to allow consumer organizations to bring claims on behalf of consumers.

In a typical class action, the plaintiff sues the defendant or a number of defendants on behalf of a group, or class, of absent parties. This differs from a traditional lawsuit, where one party sues another party for redress of a wrong, and all of the parties are directly in court.  Although standards differ between states and countries, class actions are most common where the allegations involve a large number of people (usually 40 or more) who have been injured by the same defendant in the same way. Instead of each damaged person bringing his or her own lawsuit, the class action allows all the claims of all class members—whether they know they have been damaged or not—to be resolved in a single proceeding, through the efforts of the representative plaintiff(s) and appointed class counsel.

If you have been injured by a dangerous product, an environmental catastrophe, a discriminatory policy of your employer, or some other civil wrong that has affected multiple people, the best means of redress may be a class action.   You may wish to consult with an attorney familiar with the class action process.

Do not hesitate to contact the attorneys at Tishkoff, located in downtown Ann Arbor, Michigan.  Their contact information is available at Tishkoff’s web site:  https://tish.law/.  Stay in touch with Tishkoff: http://bit.ly/TishkoffPLC

 

Sources: https://www.law.cornell.edu/wex/class_action

https://en.wikipedia.org/wiki/Class_action

What is Tort Law?

A tort is a civil case in which one party alleges that another caused physical or emotional harm. Tort cases can take many different forms and often relate to a person’s safety, personal property or financial security. Common torts relating to accident and injury include assault or battery cases, and negligence cases in which one party alleges that another party breached their duty of exercising reasonable care.

A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context, of torts, “injury” describes the invasion of any legal right, whereas “harm” describes a loss or detriment in fact that an individual suffers.

The primary aim of tort law is to provide parties with relief for harm caused by others, impose liability on parties responsible for the harm, and deter persons from committing harmful acts. Torts can shift the burden of loss from the injured party to the party who is at fault or better suited to bear the burden of the loss. Torts can be divided into three categories: (1) intentional torts (such as intentionally hitting a person); (2) negligent torts (such as causing an accident by failing to obey traffic rules); and (3) strict liability torts (such as liability for making and selling defect products).  There are numerous specific torts, including: trespass, assault, battery, negligence, products liability, intentional infliction of emotional distress, nuisance, defamation, and invasion of privacy.

Tort law is an expansive area of law that covers many different types of injuries and violations, may vary by state and can be very complicated.  Each state has their own tort laws based on their common law. If you have questions regarding tort law or a potential case, contact the attorneys at Tishkoff, located in downtown Ann Arbor, Michigan.  Contact information is available at Tishkoff’s web site: https://tish.law/.  Stay in touch with Tishkoff: http://bit.ly/TishkoffPLC

 

Sources: 

https://www.law.cornell.edu/wex/tort

https://www.dictionary.com/

 

 

What are Property Disputes?

A Property dispute refers to any legal dispute involving real property, also known as real estate. Real property is immovable property attached directly to the land.

Property law involves disputes about property ownership and damages to personal property or real estate. There are many different types of property disputes handled by civil litigation attorneys. A common type are disputes regarding property lines, in which one party alleges that a neighbor crossed the property line boundary between their two homes for building or planting. Property disputes can happen for any number of reasons, such as neighbors blocking a view, landlord and their tenants disputing who is responsible for what damage and repairs on a rental property, homeowners and real estate developers arguing over who is responsible for necessary home repairs of new construction, homeowners disputing whether they granted government agencies a utility easement, ownership disputes regarding who is the lawful owner of a given property, and whether a property is properly zoned.

Property disputes may involve specific fact and legal issues.  Real property laws vary from state to state. You may wish to hire a lawyer to help resolve a property dispute.  Do not hesitate to contact the attorney’s at Tishkoff if you have questions regarding real estate law or property litigation.  

The attorneys at the Tishkoff, located in downtown Ann Arbor, Michigan, may be reached by phone or email.

 

 

What is Civil Law?

Civil law is a body of rules that delineate private rights and remedies and govern disputes between individuals in such areas as contracts, property, and Family Law.  These rules are distinct from criminal or public law. 

Civil law, or civilian law, as a legal system, originated in Europe.  It was intellectualized within the framework of Roman law. Its main feature is that its core principles are codified into a referable system serving as the primary source of law.

 

The primary difference between civil litigation and criminal cases is that one or both of the parties is seeking money or another form of compensation, rather than criminal charges.  In general, the prosecution in criminal cases represents the state in which the trial is taking place. Conversely, in civil cases both parties are directly involved and usually are each represented by legal counsel.  Five common types of civil cases are: (1) Contract Disputes; (2) Property Disputes; (3) Torts; (4) Class Actions; and (5) Complaints against the government. There are numerous other types of civil cases. Sometimes a civil case will follow a criminal case that has had an unfavorable outcome for the prosecution.  

If you think you have grounds for a case or have questions regarding litigation, or business or employment law, do not hesitate to contact the attorneys at Tishkoff.  The attorneys at Tishkoff, located in downtown Ann Arbor, Michigan, may be reached by phone or email. Their contact