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Day: July 1, 2015

University of Virginia Student Injured During Arrest for Public Drunkenness

When conducting an arrest, police must obey a number of strict regulations. One of the roles of the defense attorney is to examine the circumstances surrounding an arrest to determine whether all of these regulations were followed. Episodes of police brutality, discriminatory behavior or unlawful search and seizure are not only illegal, but they can also lead to the dismissal of evidence or even the dropping of charges. Recently, the nation was shocked when a University of Virginia student was seriously injured during an arrest for a low-level, nonviolent crime. The 20-year-old man was confronted by uniformed agents of the Virginia Department of Alcoholic Beverage Control when he allegedly attempted

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Employment law, wage theft, wrongful termination

For many in the service industry, tips are a vital part of the pay structure. A tip for a job well done accounts for a large percentage of each worker’s take-home pay, and the loss of that income can be devastating. Unfortunately for many workers, taking a portion of the tips from servers is a common practice for unscrupulous management officials looking to pad their bottom line. It’s a practice known as wage theft. Alleged wage theft was at the center of a recent lawsuit here in Montana, where a worker at a Hilton Garden Inn took issue with her employer’s policies towards tipping. The issues began after the hotel

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Your Rights During the Hiring Process

Job interviews are difficult, high-stress situations. As an interviewee, you feel compelled to put your best foot forward and to appear helpful and forthcoming. You should remember, however, that your interviewer doesn’t have all the power during the job interview. You have rights. There are certain questions that your interviewer is legally barred from asking, and certain practices that the company cannot perform during the hiring process. Only by knowing your rights can you assert them. Under federal law, employers cannot discriminate based on age, race, national origin, gender, pregnancy, disability or religion, and asking questions related to these topics is, with some exceptions, off-limits. Specifics include: • Do you

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Missoula County Pays $60,000 to Sheriff’s Deputy in Discrimination Suit

All Montana employees have a number of rights as workers – protection from discrimination, retaliation, and wrongful termination, among others. No employer can break these rights – not even the government. This was proven recently when Missoula County announced that it would pay $60,000 as part of a settlement with a local sheriff’s deputy. The deputy had filed a lawsuit against the Missoula County Sheriff’s Office, alleging she had been discriminated against when she was repeatedly questioned about a kiss she shared with another deputy. The other deputy was married, and the kiss occurred at a time when he failed to respond to an emergency call. According to the woman,

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Five-Car Pileup on I-90 Leaves One Dead

Weather conditions and visibility play an important role in many car accidents. However, their role when determining fault is far less obvious. All drivers have a responsibility to drive safely for the conditions they are in; when visibility drops, the driver should also reduce speed to ensure that he or she has enough time to stop when an obstacle comes into view. This means that even in inclement weather, negligent drivers can still be found responsible for crashes if they did not take the steps to reduce the risk they posed to others. Weather and speed both played key roles in a recent five-car pileup on I-90 near Laurel, Montana.

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What is Maximum Medical Improvement?

If you have been injured in an accident, you may be facing a number of serious financial concerns. Medical bills, lost wages, medical device costs and physical therapy expenses can all add up very quickly, putting a heavy strain on any family’s budget. This adds a lot of anxiety to an already difficult situation. In this situation, you may feel tempted to pursue your personal injury claim as quickly as possible, so you can get compensation for your losses and repay your debts. However, it is important that you do not move too quickly. You only get one chance at a personal injury claim, so you should be sure to

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