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White Plains New York Legal Blog

Claims for unsafe building injuries

With so many people going in and out of buildings every day, it's expected that some will injure themselves on occasion. When injuries arise from the owner's negligence, they are called unsafe building injuries and can lead to a premises liability claim. Residents of New York will want to know more about unsafe building injuries and what factors are involved in filing a claim.

The most common causes of unsafe building injuries are slippery floors, broken stairs, potholes and cracks in the pavement, and falling objects. They can also be aggravated by factors like poor lighting and inadequate security. Injuries can occur on commercial property or in other people's homes.

Research looks at post-treatment Lyme disease syndrome

Some people in New York might have been frustrated when seeking a diagnosis for post-treatment Lyme disease syndrome. This has been a controversial condition because while some patients report symptoms such as fatigue, muscle aches and cognitive fogginess months or years after treatment for Lyme disease, doctors have been unable to find indications of anything wrong in tests. As a result, many people believe that the condition does not exist.

A study at John Hopkins University looked at people who said they suffered from chronic Lyme disease along with a healthy control group. Researchers found that extensive testing, including blood marker and neurological exams, showed no difference between the healthy patients and the individuals who complained of symptoms. However, researchers reported that the symptoms appeared to be genuine.

Tax code changes to alter spousal support splits

For people in New York and elsewhere around the country who are seeking a divorce, alimony and spousal support can be some of the more complex financial issues that are addressed in a settlement or court order. Property division and other financial aspects of the end of a marriage can also lead to lengthy, contentious negotiations and filings. These issues could become even more complex after the U.S. tax bill adopted in December 2017, which introduces changes to a long-standing tax rule related to spousal support, goes into effect.

For the past 75 years, federal tax law on spousal support has been consistent. The party who pays alimony is eligible to deduct those payments from his or her taxes, often providing a significant reduction in tax burden. Meanwhile, the person who receives the support must pay taxes on the payments in addition to his or her overall income tax burden. Many state algorithms for spousal support take this tax framework into account when suggesting payment plans. As of January 1, 2019, those who pay alimony will no longer be eligible for a tax deduction, and the recipients of spousal support will no longer need to pay taxes on the payments.

Union sues employers over Facebook advertising practices

Many employers in New York and around the country have turned to social media in recent years to meet their recruiting needs, and platforms like Facebook allow them to target their advertising to specific parts of the country or particular demographic groups. While it may be wise for businesses to take steps to ensure that their help-wanted ads are seen by candidates who are qualified to fill the positions on offer, labor advocacy groups have accused some employers of violating federal law by using social media advertising filters to prevent older workers from seeing available jobs.

The Communications Workers of America is one such group, and the labor union filed a lawsuit in a California federal court that accuses companies including Amazon, Cox Communications and T-Mobile of flouting The 1967 Age Discrimination in Employment Act by using Facebook filters to prevent their help-wanted advertising being viewed by older workers. Facebook is not named as a defendant in the employment discrimination litigation, but the Menlo Park-based company responded to reports of the lawsuit by saying that it did not treat older job candidates unfairly.

Why a prenuptial agreement may be at risk

Legal challenges to a prenuptial agreements are not a new concept, but many people may think that such a move is ill-conceived. This is due to a long standing myth about prenuptial agreements: that they are somehow impervious to being overturned or deemed invalid. In fact, that is not the case at all. Prenuptial agreements can be overturned (in part or wholly) if they violate a number of potential legal issues.

So what are some of the parameters necessary for a prenup to be overturned by a legal challenge? Here are a few common ways it can happen:

Nursing home abuse results in multiple lawsuits and shut down

Videos in nursing homes are revealing an unfortunate reality for many elderly residents across the nation. In a recent story by CNN, a Florida nursing home surveillance camera shows a violent altercation made by one resident to another over a cupcake. A male resident age 52 is caught on camera striking an 86-year-old man suffering from dementia with over 50 punches as he lay on the ground. Allegedly, the older man ate the younger man’s cupcake and video shows over two minutes of a violent reaction ensuing.

Consequences for the retirement home

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