Nutella, Tic-Tac Heir Dead

June 6, 2011 By

Pietro Ferrero, the CEO of the Ferrero Group holding company that produces Nutella and Tic Tac mints has died at the age of 47 after falling from a bicycle while on a business trip in South Africa. The decedent was an avid cyclist who was riding a bike on a training run on a road in Cape Town at the time of his fall.  Ferrero’s namesake comes from the former CEO’s grandfather named Pietro who started the company in 1942.  Since it was hard to obtain ingredients for candy during World War II, Pietro Ferrero decided used hazelnuts, which were in abundance in his region of Piedmont, Italy and invented Nutella by making a sweet paste from the nut.  The company has more than 20,000 employees worldwide and is estimated to be worth about 8.5 billion euro. Read more:  http://abcnews.go.com/Business/wireStory?id=1340197

This tragedy stresses the importance of proper will and estate planning in the event that you should pass away unexpectedly. Under New York law, to be valid a will must be signed by an adult testator (or with someone’s help), in the presence of the 2 witnesses or alone, provided he later shows the signature to the witnesses and acknowledges that it is his signature. The will must also be in writing and the signature must be at the end of the document. Finally, the testator must publish that the document is a will by establishing that the document is in fact their last will and testament. If these will formalities are not abided, then the document will not be admitted into probate and has no effect.

The attorneys at Leeds, Morelli & Brown, P.C. have worked with a variety of families in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island to probate wills.  For questions regarding estate planning, please contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-556-2529.

Filed Under: Estate & Probate Administration, Human Interest Tagged With: ,

WikiLeaks Sparks First Amendment Debate

December 28, 2010 By

On November 28, 2010, WikiLeaks leaked embarrassing U.S. military and diplomatic documents that were intended to be kept classified.  Instead, Julian Assange, WikiLeaks founder, posted the documents on his controversial website, and as predicted, the documents went viral.  WikiLeaks is an international non-profit media organization that publishes submissions of otherwise unavailable documents from anonymous sources and leaks.  WikiLeaks describes itself as “an uncensorable system for untraceable mass document leaking”.  After the leak, the U.S. government was forced to face more embarrassment on the world stage relating to the wars in the Afghanistan and Iraq.  Full Article

WikiLeaks founder Julian Assange is Swedish and therefore not subject to any U.S. laws.  However, the belt has been tightened on U.S. Military officials and members as to who is leaking this classified information. The Supreme Court long has recognized that the First Amendment’s guarantee of freedom of “speech” protects not just talking but also conduct intended to express a point of view.  In many instances, employees are bound by standards and policies of the company.  Often times, an employee may not speak of the particulars of a company outside of work.  However, under New York Labor Law §740, public and private employers cannot discipline or take retaliatory action against employees who disclose or threaten to disclose activities, policies or practices that violate laws or regulations or threaten public health or safety.  The protections extend to public employees who disclose to a governmental body information that they reasonably believe to be an improper governmental action.

The attorneys of Leeds Morelli and Brown, P.C. are experienced and determined employment law practitioners who will fight hard to make sure your rights are preserved.  If you find your employer is engaging in questionable discriminatory behavior, we urge you to contact an attorney at Leeds, Morelli & Brown, P.C. for a free consultation at 1-888- 5 JOB LAW or our firm’s website at www.lmblaw.com.

Filed Under: Civil Rights, Human Interest Tagged With: , , , , , , , ,

NY Court of Appeals Affirms Victory for Starbucks

December 7, 2010 By

New York Court of Appeals upheld a lower court’s decision to dismiss a lawsuit alleging Starbucks was liable for burns suffered from a cup of spilled tea.  Rachel Moltner, a then 76-year-old NYC woman, claims she suffered burns to her leg after spilling her venti-sized tea when she tried to remove the lid.  The woman claimed $3 million in damages resulting from a skin graft and bed sores and herniated discs from her stay in the hospital.  Molter accused Starbucks of serving tea that was too hot in a double cup (one cup placed inside another) that was defectively designed.  The Court of Appeals sided with the coffee giant, noting in its decision that “double-cupping is a method well known in the industry as a way of preventing a cup of hot tea from burning one’s hand.”  David Jaroslawicz, a lawyer for Moltner, said the ruling probably ends his client’s case.  Read More

In a 1994 products liability lawsuit, famously known as the McDonald’s coffee case, a jury awarded $2.86 million to a woman who burned herself with hot coffee she purchased from a fast food restaurant McDonald’s.  The trial judge reduced the total award to $640,000, and the parties settled for a confidential amount before an appeal was decided.  The plaintiff accused McDonald’s of gross negligence for selling coffee that was unreasonably dangerous and defectively manufactured.  Gross negligence is a tort claim that essentially means serious carelessness.  If somebody has been grossly negligent, that means they have fallen so far below the ordinary standard of care that one can expect, to warrant the label of being “gross.”

The attorneys at Leeds Morelli & Brown, P.C., have successfully handled a wide variety of tort claims for their clients throughout Long Island and the New York City area.  For questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658.  Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com

Filed Under: Human Interest Tagged With: , , , , ,

White House Correspondent Helen Thomas Retires After Controversial Comments

June 17, 2010 By

White House correspondent Helen Thomas is retiring in the wake of comments she made at a recent celebration of the Jewish Heritage at the White House.  When asked her opinion on Israel, the 89-year old Hearst columnist said, “Tell them to get the hell out Palestine.”  When asked where they should go, Thomas said they should “go home” to “Poland, Germany, and America, and everywhere else.”  Thomas has served as a White House correspondent for 57 years, having joined during the later years of the Eisenhower administration, coming to the forefront with John F. Kennedy, and serving until the second year of the Obama administration.  Known for pushing the envelope, Thomas never hesitated from asking the tough, impolite, and even downright offensive questions that reporters should ask. CNN Article

Thomas’ comments were quickly denounced both by the White House Correspondents Association and the White House itself. White House Press Secretary Robert Gibbs called them “offensive and reprehensible.” Thomas herself said in an apology that they don’t reflect her “heart-felt belief that peace will come to the Middle East only when all parties recognize the need for mutual respect and tolerance.” MSNBC Article.  There is no denying that there continues to be a tendency to discriminate against certain groups of people in the workplace.  Discriminating against an individual based on race or national origin may be prosecuted under Title VII of the Civil Rights Act of 1964.  Please visit the EEOC’s website for further information: www.eeoc.gov/policy/vii.html.

The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to employment discrimination claims.  For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658. Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com.

Filed Under: Human Interest Tagged With: , , , , ,

Arizona Immigration Law Raises Important Civil Rights Issues

May 14, 2010 By

Republican Arizona Governor Jan Brewer signed into Arizona law a statute which gives the local police to the right to verify immigration status if there is a “reasonable suspicion” that a person is in the country illegally. Brewer stated Arizona was forced to pass the law because the federal government has failed to act on it the state’s high influx of illegal immigrants.  Civil rights groups, such as the American Civil Liberties Union, say the law will equate to racial profiling which unfairly targets Hispanics who are in the country legally or were born in Arizona.  President Obama has ordered a review by the Justice Department to determine whether the Arizona law is Constitutional before the law goes into effect in July.  The Mexican American Legal Defense & Educational Fund is a civil rights group which claims that the law infringes on federal responsibility and violates the 14th Amendment’s equal-protection clause.  Other states such as Arizona, Ohio, Utah, Delaware, Missouri, and Texas are planning to sign similar laws.

See: http://www.usatoday.com/news/nation/2010-05-02-immigration_N.htm

According to the United States Department of Labor, Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex or national origin. This law is enforced by the Equal Employment Opportunity Commission (EEOC).  In addition, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. This law is enforced by the Civil Rights Center.

See: http://www.dol.gov/dol/topic/discrimination/ethnicdisc.htm

As well established equal opportunity and anti-discrimination firms in New York, Leeds Morelli & Brown P.C. works to achieve successful judgments that are in the best interests of their clients.  If you or someone you know has been affected by employment discrimination or seeking a class action please feel free to contact Leeds, Morelli & Brown, PC at 1-800-585-4658 for a free consultation or view their web page at www.lmblaw.com.

Filed Under: Civil Rights, Discrimination, Human Interest Tagged With: , , , , , , ,

Highlighting the Importance of a Last Will & Testament as 11 workers remain missing after New Orleans oil rig explosion

May 14, 2010 By

Eleven workers are still missing after an oil rig, named the Deepwater Horizon, exploded, caught fire, and sank 36 hours later off the coast of Louisiana.  Coast Guard crews searched for the workers over a 1,940-square-mile search area by air twelve times and by boat five times.  Seventeen workers have been brought to shore, suffering from burns, broken legs and smoke inhalation, while four of them were critically injured.  About 100 others who were not hurt had made it to a supply boat after the explosion. The 400-by-250-foot rig (about twice the size of a football field) is owned by Transocean Ltd. and was under contract to BP.  A lawsuit was filed shortly after the blast, claiming the companies were negligent. Since 2001, there have been 69 offshore deaths, 1,349 injuries and 858 fires and explosions in the Gulf, according to the federal Minerals Management Service. On average, offshore oil workers earn between $40,000 to $60,000 a year.  Joe Hurt, regional vice president for the International Association of Drilling Contractors has stated that, “Working on offshore oil rigs is a dangerous job, but has become safer in recent years thanks to improved training, safety systems and maintenance”. See: http://www.msnbc.msn.com/id/36683314

Tragedies such as the one occurring off the coast of Louisiana are unexpected but the security of your loved ones and the property you own can be protected by a Last Will and Testament.  According to New York Surrogate’s Courts, a valid will can transfer an interest in both personal property (e.g. bank accounts, furniture, stocks, and clothing) and real property (such as real estate).  A will also allows a person to name an individual to serve as an executor of the estate and guardian over the children.  Moreover, a will can provide protection for family members (for example, trusts for adult incompetent children).
See: http://www.nycourts.gov/courts/nyc/surrogates/faqs.shtml#q3

Leeds Morelli & Brown, PC lawyers have extensive experience handling probate and estate matters.  Leeds Morelli & Brown, PC guardianship, surrogate, testate and intestate representation extends to clients throughout Long Island, the New York Metropolitan area. For more information or a free consultation, contact Leeds, Morelli & Brown, PC at 1-800-585-4658.

Filed Under: Estate & Probate Administration, Human Interest Tagged With: , , , , ,

Rumors of U.S. – Russia Adoption Suspension Untrue

May 11, 2010 By

CBS reports that the rumors of an adoption suspension between the United States and Russia are untrue.  The U.S. State Department’s consular affairs office has confirmed with the U.S. Embassy in Moscow and the Russian Embassy in Washington that adoptions are still being processed. It is estimated that nearly 3,000 U.S. applications for adopting Russian children are now pending.  While there is no official freeze on adoptions, spokesman for Russia’s foreign ministry, Andrei Nesterenko, said U.S. and Russian officials will discuss a possible bilateral adoption agreement “in the next few days.”   This statement comes after the recent controversy between the two countries a Tennessee woman, sent her 7-year-old adopted son back to Russia, on a plane by himself, with a note he carried indicating he had psychological problems.  CBS news report

International adoption has become increasingly popular in recent years.  Although a great number of international adoptions are successful, there remain a number of problematic international adoptions.  Procedurally, adopting a child from another country is a complicated process.  Additionally, the adopted child may have special health needs and issues that require professional attention because of the care they received in their birth country.  It is of the utmost importance to consult an attorney who is familiar with international adoption procedure.  The process involved is complicated, and understandably so because a child’s life and well-being is at stake.

The attorneys at Leeds, Morelli & Brown, P.C. are experienced in all domestic relations matters, and have represented families in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island.  For any questions concerning domestic relations matters, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-556-2529.  Leeds Morelli & Brown P.C.’s divorce website is located at www.lbdivorcelaw.com.

Filed Under: Human Interest Tagged With: , , ,

New York Times: Pay of Hedge Fund Managers Roared Back Last Year

April 20, 2010 By

On March 31, 2010, the New York Times reported that the top 25 hedge fund managers raked in $25 billion in bonuses in 2009. During a time when unemployment remains at an all time high, with more than 11 million people now drawing unemployment insurance benefits, hedge fund managers have seemingly come out on top during this tough economic time. The minimum individual payout on the list was $350 million in 2009, which confirms that these top hedge fun managers remain grossly over compensated despite public outrage over the pay packages at big banks and brokerage firms. The question remains, will the government step in and regulate the financial industry? There is growing pressure to treat earnings of hedge fund managers as income instead of capital gains, as capital gains are taxed at a lower rate. Nevertheless, even if these managers pay more taxes on their earnings, they still will bring in enough money to maintain their lavish lifestyle, during a time when most Americans cannot afford to put food on the table and pay their mortgage. New York Times article

In an interview, Treasury Secretary Timothy Geithner discussed the unemployment rate, stating that the national jobless rate, now at 9.7 percent, is “still terribly high and is going to stay unacceptably high for a very long time” because of the damage caused by the recession. Geithner article. It is important to note that the overall jobless rate of 9.7% is understated, as thousands of people are not computed into the official count because they have given up on looking for work. Those who are employed understand that now, more than ever, employment of any kind is crucial, and that “job security” has become a thing of the past. During these tough times many companies are forced to lay-off workers to keep afloat. Though many companies will act within the bounds of the law, some may use tactics that are unlawful. It is crucial that employees know and understand their rights under the law. The attorneys at Leeds, Morelli & Brown, P.C. work to uncover unlawful business practices and empower employees to stand up for their rights.

The attorneys of Leeds Morelli and Brown, P.C. are experienced and determined employment law practitioners who will fight hard to make sure your rights are preserved. If you find your employer is engaging in questionable discriminatory behavior, we urge you to contact an attorney at Leeds, Morelli & Brown, P.C. for a free consultation at 1-888-585-4658 or our firm’s website at www.lmblaw.com.

Filed Under: Employment Law, Human Interest Tagged With: , , ,

Teachers Flunk Out of School

February 25, 2010 By

By Brandon Sipherd

Rhode Island’s Central Falls School Board of Trustees, in a 5-2 vote, fired every teacher at Central Falls High School.  In total, 93 employees were fired and each one stood as their name was read aloud in the auditorium after the decision was made.  The firings included 74 classroom teachers, as well as the principal, all three assistant principals, guidance counselors, reading specialists, physical education teachers, and the school psychologist.

Hordes of labor organizations gathered in Central Falls Tuesday to support the teachers and criticize the city’s education officials.  Even the American Federation of Teachers rallied support for the teachers of Central Falls.

Meanwhile, state and local education officials praised the city’s education officials for taking a stance and firing the teachers.  Arne Duncan, the United States Education Secretary, applauded officials for having the courage to do the right thing for the students.

Even teachers from across Rhode Island showed up to voice their own opinions.  Many are concerned these efforts taken by federal and state education officials only undermine their employment contracts and the collective bargaining agreements between teachers’ unions and school employers.

Central Falls is Rhode Island’s smallest and poorest city; yet, it is taking drastic measures to reform its schools.  Central Falls High School is among one of the lowest-performing schools in the country.

Education Secretary Duncan is requiring states to identify their lowest 5 percent of schools and fix them.  Schools who have chronic poor performance and low graduation rates must reform by using one of four methods: school closure; takeover by a charter or school-management organization; transformation which requires a longer school day; or turnaround which requires the entire teaching staff be fired and no more than 50 percent rehired in the fall.

Rhode Island’s Education Commissioner, Deborah Gist, quickly implemented Duncan’s new requirement.  On January 11, Education Commissioner Gist identified six of the persistently lowest-performing schools—Central Falls High School, which has rock bottom test scores and a graduation rate of only 48 percent, and five other schools in Providence.  Gist told these school districts they had until March 17 to decide which of Duncan’s four models they would implement.  As a result, Rhode Island is one of the first states to publicly implement the new dramatic federal education reform.

Central Falls High School’s education officials and teachers originally agreed on implementing the transformation model in order to protect the teachers’ employment.  However, neither side could agree on what transformation would entail and talks between the two sides fell apart.

Education officials suggested six conditions to improve the school.  Under these suggestions, teachers would be have to spend more time with students in and out of the classroom and attend after school training sessions with other teachers.  However, teachers would only be paid for some of the proposed additional duties.  Union leaders fought back by demanding the teachers be paid for the extra work and even receive higher wages for doing so—$90 per hour instead of $30 per hour.

Shortly after the negotiations broke down, education officials lost confidence that the school could be transformed and, therefore, proposed the turnaround model.  Eventually the school’s Board of Trustees voted in favor of the turnaround model, resulting in the dismissal of all the teachers.

Chronically failing schools are not limited to Rhode Island; rather this is a nation-wide crisis experienced in nearly every state.  One question remains unanswered: Whether this is a workers’ rights issue or a children’s rights issue?

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law.  Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area.  We take great pride not only in providing quality legal service and representation, but also in being there for clients when they need it most.

For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.

Filed Under: Employment Law, Human Interest Tagged With: , , , , ,

Courtney Love: Trying to Make her Family “Hole”

January 21, 2010 By

By GetLegal.com

Some singers find success crooning about their family woes. However, when issues of child custody and visitation leave the lyrics and enter reality, courts may have to step in and make hard decisions to protect the welfare of their children.  This was the case in December, 2009 when Courtney Love, the former front-woman for the alternative band Hole, lost custody of her 17 year old daughter Frances Bean and was forbidden to contact her by court order.  Bean has been living with her paternal grandmother and aunt as her father, Nirvana band member Kurt Cobain committed suicide in 1995.

Recently, Love has expressed interest in regaining custody of her daughter.  Love has commented on her twitter page that she plans to go to court and sue her former mother and sister in law.  Love has stated “Im severely lonely without my best friend and no am not on drugs.”  NY Daily News, People Magazine

Under the New York Child Custody Jurisdiction and Enforcement Act, child custody is determined by “the best interests of the child.” To determine the best interests of the child, courts enlist the help of experts and psychologists to determine which parent or family member will be the best custodial parent for the child/children.  Additionally, the court will examine various factors in determining whether to grant a motion for child custody, such as the financial ability of each parents, the lifestyle of each parent, who has served as the child’s primary caretaker, the desires of the child, each parents availability and ability to care for the child, what living arrangements are available for the child, and any proven incidents of domestic violence based on a preponderance of the evidence.

The New York Child Custody Jurisdiction and Enforcement Act also spells out rules for joint custody. “Joint custody may not be awarded unless both parents mutually agree to the arrangement. However, once custody is established, the custodial parent should keep in mind that visitation rights of the non-custodial parent are constitutionally protected. Any action to prevent a biological parent from visiting with their child can lead to court sanctions against the custodial parent.”  New York Child Custody Jurisdiction and Enforcement Act.

Leeds Morelli & Brown, P.C. is a recognized firm in the area of child custody and visitation rights. Leeds Morelli & Brown, P.C. lawyers work hard to resolve matters that will be in your child’s best interests and successfully litigate your family’s legal issues. If you are seeking to gain custody over a child or want more information, please contact Leeds Morelli & Brown, P.C. at 1-800-585-4658 for a free consultation.

Filed Under: Human Interest Tagged With: , , , , , ,
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