Recent Food Recalls

The following food products were recently recalled. The affected products are categorized according to the reason for the recall. While meant to be informative, please keep in mind that this list is not exhaustive.

If you suspect that a product you have recently purchased might be subject to a recall, particularly if you have suffered from food poisoning recently but you do not see the pertinent information here, you should contact the store or manufacturer of purchase for additional information. Also, by reporting the problem with your item, you may alert the store to potential sources of contamination.

As a general matter, consumers should immediately stop using products subject to a recall, and contact the store of purchase or manufacturer to arrange for a refund or replacement product.

Recalled Due to Salmonella 

• Moon Fishery  Yellow Fin Tuna Strips are being recalled due to potential contamination with Salmonella.

Recalled Due to Undeclared Ingredients

• Whole Foods Market announced the recall of its carrot cake cupcakes, sold throughout Northern California  due to undeclared walnuts. So far one illness has been reported.
• Jonlly  beverages were recalled due to undeclared milk.
• Figi’s  lemon bars called “Lemon Bar Bliss,” were recalled due to undeclared almonds. The bars were distributed in 16 states via UPS, or otherwise sent directly to consumers.

Recalled Due to Listeria Monocytogenes

• Cleveland Bean Sprout  announced the recall of its alfalfa sprouts due to potential contamination with Listeria.

Recalled For Other Reasons

• FunFresh Foods World Berries  announced the recall of its organic cacao nibs due to a potential e. coli risk.
• HE Bowl, General Joe’s, H-E-B  Asian ready to eat meals were recalled due to possibly containing under-cooked chicken.

What to to if You or a Loved One Has Been Affected by a Recalled Product

I cannot emphasize the value of trusts enough. They solidify your intent and create a separate entity to uphold your estate planning desires. When created properly, a trust is a separate entity, with an appointed trustee and proper funding. The details beyond those basics depend on the nature of the type of trust.

Some of the more common types of trusts that you might consider include:

• Constructive Trust
• Generation Skipping Trusts
• Grantor Retained Income Trusts (“GRIT”)
• Qualified Terminable Interest Property Trusts (“QTIP”)
• Revocable Trusts
• Simple Trusts
• Special Needs Trusts
• Spendthrift Trusts
• Testamentary Trusts
• Totten Trusts

This is just a sampling of the different trusts out there to accomplish your financial goals. The realm of trusts is highly technical, and the success of one depends on how carefully it is drafted. Trust attorneys sometimes specialize in types of trusts, which is especially true with Special Needs Trusts, for example.

You can decide which of these trusts might be right for you when you sit down with a Trust Attorney to discuss your needs.

As attorneys we often take for granted the fact that certain legal issues are referred to under all encompassing umbrella terms that may not be immediately apparent.

For example, Estate Planning uses various tools such as wills and trusts, and the estate may ultimately pass through the Probate Court system. This is entirely separate from the probation or parole systems in the Criminal Law system.

Therefore, because Family Law is one of the areas that covers an incredibly broad swath of legal issues, here is a non-exhaustive list of the types of cases that might be handled by a “Family Law” Attorney:

• Adoption
• Child Custody
• Child Support
• Divorce
• Emancipation
• Marriage
• Prenuptial Agreements
• Separation
• Spousal Support

Essentially, then, it can be helpful to think of any issues that are related to “the family,” as a legal entity. Entering into or permanently severing a relationship, adding members, or ensuring that members are receiving the proper financial support all relate to “the family.”

Additionally, when you are ready to hire a Family Law Attorney, or merely want to schedule an initial consultation to find out more, keep in mind that many Family Law Attorneys further specialize in one or a few of the areas listed above. For example, an attorney might practice only in the areas of child support or spousal support, or they might specialize in adoption or foster parent agreements. Divorce attorneys are perhaps the most illustrative of specialization within Family Law.

You can find a Family Law Attorney who specializes in your area of expertise by performing a search of the basic terms related to your area. For example, if you go to the Family Law page, and type in “child support,” you will get a list of child support attorneys in your area. You can also click on a different state to find child support attorneys that practice there.

Laura Cavin and Sheri Green are the parents of a set of quadruplets who recently reached their first birthday. Through the utilization of reproductive medicine, the women were able to achieve their hopes of parenthood together. However, eventhough they were able to bring the babies into the world, the legal side of their parental rights isn’t so straightforward.

Though all four of the embryos implanted were made up of the eggs of Sheri and a sperm donor, under Florida law, the women only have legal rights to the two children that they each carried and delivered.

In order to have full legal rights to all four of the children, the women must adopt the other two children, but for more than 30 years, Florida has banned adoption by gay people. Meaning that, as the law currently stands, the mothers cannot legally adopt their other two children.

Sheri, who works full time, has health insurance, which covers the two children she carried,  but because Laura works only part time,  she isn’t eligible for health insurance, so her two children are covered by Medicaid. In this scenario, if the women were a heterosexual couple, all four of the children would be covered by the full time parent’s health insurance, without the need for the adoption procedure (which would actually be possible in the case of a heterosexual couple).

In addition to health insurance concerns, there are also concerns about what could happen if one or both of the women die or become incapacitated. While they have wills that appoint each other as legal guardians of their birth children. Even this, however, does not ensure the children will be kept together .

The state of gay adoption is under review, as a 2010 Florida appeals court ruling upheld a Miami-Dade County judge’s decision that called the ban unconstitutional.

“It is uncertain when the cases will be decided,” said the couple’s  attorney Harold Eskin, “but provided the outcomes are favorable, this will set the stage for others to follow and future cases should take less time.” State officials have said that they won’t challenge the appellate ruling.

These are some of the issues I touched on in Structuring Your Domestic Partnership, but some things simply cannot be solved by contract–e.g. health insurance. It will be interesting to see not only how this individual case turns out, but whether Florida decides to reverse its decision regarding gay adoption. A Family Law Attorney can help anticipate some of these issues, and help to structure your modern family.

Keep in mind that:

• You can say no. If law enforcement officials request to search your house, your car or your person, you are within your rights to say no.
• Don’t drive without a license. If you operate a vehicle while your driver’s license is suspended or revoked, you can be subjected to additional penalties, which can include the complete loss of your driving privileges.
• Invoke your right to counsel. If you have been arrested by law enforcement or government officials you have the right to consult with an attorney before and during questioning. Even if you are not (yet) under arrest, you have the right to have an attorney present.
• Know what you’re facing. Certain criminal offenses carry a Mandatory Minimum Sentence that you will be subjected to if you are convicted of such crimes.
• Don’t violate your parole. If you plead guilty, or are found guilty, of an offense while on probation or parole, you can be subjected to additional penalties.

Qualified counsel can keep you apprised of all the elements relevant to your case, including how to keep your chances at a more favorable sentencing intact.

In addition to these tips, you can also find a vast array of information on Law Info’s Criminal Law page.  If you have been accused of a crime, or find yourself in need of an attorney, LawInfo can help you start your search for a qualified Criminal Law Attorney.

I am often approached by people to answer immigration questions, anything from the simple and basic question to the dire and extreme ones. Inevitably, the one thing I am always asked is, “Do I need an attorney to take care of that for me?”

Define “Need an Attorney”

The reality is that there are no requirements or regulations that require a person to have an attorney handle their immigration case, no matter if it is a simple visa application or a deportation case in front of a judge. The truth is anyone can file any application or immigration case without representation.

I suppose the real question behind the issue of whether someone needs an attorney is that we must define what need means.

A few weeks ago a former client of mine called me all upset because she filled paperwork out for the son of a family friend and he left the country, he went to Ciudad Juarez expecting to pick up his green card and he ended up being told that he could not come back inside the country because he triggered a 10-year bar.

My former client was very upset and did not understand because she was able to file a case for her husband and he was allowed in.  I explained to her that not every case is the same and one wrong move could mean huge consequences for the person involved.

You see, an immigration attorney will have the experience and practice to understand what an individual’s situation is and which forms to fill out. There are plenty of non-attorneys out there ready to fill out template forms without truly understand each individual’s case.

Attorneys Fix Problems

Most immigration attorneys end up taking cases that were started without the help of an attorney. So what could have been an affordable case is now a complicated mess. Too many people try to go at it alone and do not understand who qualifies for what and how they actually qualify.

Thinking you know how to handle a process is one thing, the reality of it is another.  In my opinion, immigration cases deal with a person’s life and are too complex and serious to go it alone.

These are just some of the ways in which an attorney can help a couple anticipate challenges a domestic partner might face in the legal realm:

• Premarital Agreement– while you hope to never have to use them, these are even more important for domestic partners that married couples, because the federal laws, most notably Taxation, do not apply to domestic partnership divorces. This means that the one time division of assets will be subject to taxation at the time of partition, rather than at a later transfer or sale. Thus, a solid prenuptial agreement, which details the nature of division of assets is key to ensure a well thought through decision.

• Will & Trust– it’s likely that your state’s laws of intestacy (for those who die without a will) denote a line of inheritance for blood relatives, meaning that if a person dies without a will, their relatives may inherit their estate. While some states invoke spouses as those first in line, laws forbidding marriage as anything other than a man and a woman may make your relationship invalid for purposes of inheritance. A valid will can circumvent these intestacy laws, and ensure that your domestic partner is provided for.

• Power of Attorney– this all encompassing document can ensure that your spouse is able to make decisions on your behalf, should you become incapacitated for some reason.

• Healthcare Directive– this document allows your spouse to have the legal power to make medical decisions on your behalf. It is important because family dissent may become the most prevalent in these stressful times, and challenges to your partner’s ability to make any decisions may be called into question.

Until marriage equality becomes a reality, find out today about how a Family Law Attorney can help you structure your Domestic Partnership or Civil Union.

NC law already bans same sex marriage. The recently passed Amendment One redefines a marriage between one man and one woman as the only legal union recognized by the state. This means that any other form of marriage, civil union, or domestic partnership may no longer be legally recognized under the state’s laws.

As North Carolina Rep. Brad Miller, a Democrat, pointed out,  “If you’re in a hospital, in your last illness and you’ve been with a partner for 30 years, if the law is that only certain family members may visit you — you can’t pick who your family members are[] You can’t pick who your family is. The government has decided for you.”

However, the potential ramifications of this amendment go beyond death bed rights. Consider the implications of the fact that laws such as child custody and divorce, wills and trust, or even health insurance, may become completely unavailable, even for straight couples, who do not fit the marriage paradigm.

It will be interesting to see if and when the legality of this law is challenged, and whether it withstands constitutionality scrutiny.

The Constitutionality of Flag Burning: Texas v. Johnson 491 U.S. 397 (1989)

In the landmark U.S. Supreme Court case, Texas v. Johnson (not to be confused with Lawrence v. Texas), the U.S. Supreme Court ruled on the controversial nature of burning the U.S. Flag.

In the case, a group of communist protesters were showing their disdain for the Reagan administration, and other companies based in Dallas, Texas. Following marching and chanting in the street, the group ended at city hall, where one of the people (Johnson) took a U.S. flag and ignited it.

Johnson was charged with violating the Texas law that prohibits vandalizing respected objects, including the flag. Johnson was convicted, sentenced to 1 year in prison, and fined $2,000. While he lost his appeal at the state court of appeals, the Texas Supreme Court invalidated the conviction, stating that it was protected speech under the First Amendment. The Supreme Court ended up affirming.

The U.S. Supreme Court stated that, “Under the circumstances, Johnson’s burning of the flag constituted expressive conduct, permitting him to invoke the First Amendment… Occurring as it did at the end of a demonstration coinciding with the Republican National Convention, the expressive, overtly political nature of the conduct was both intentional and overwhelmingly apparent.”

Regarding the nature of his speech to inspire a breach of the peace, the court noted that Texas had the capability to punish that behavior separately, and also that no breach of the peace came to be.

It also stated that, “No reasonable onlooker would have regarded Johnson’s generalized expression of dissatisfaction with the policies of the Federal Government as a direct personal insult or an invitation to exchange fisticuffs.”

The Court thus did not impinge upon the state’s ability to keep the peace, and concluded that,

The State need not worry that our holding will disable it from preserving the peace. We do not suggest that the First Amendment forbids a State to prevent “imminent lawless action.”[] And, in fact, Texas already has a statute specifically prohibiting breaches of the peace, Tex.Penal Code Ann. § 42.01 (1989), which tends to confirm that Texas need not punish this flag desecration in order to keep the peace. [] [citations omitted].

Therefor, flag burning that is used as a way of expressing one’s Free Speech rights, and is not used as a call to “imminent lawless action,” otherwise referred to as fight speech, is a constitutionally protected right.