by Long Island Attorney Paul A. Lauto, Esq.

     The U. S. Supreme Court has ruled in a 5-4 decision in favor of Obamacare, by upholding the individual insurance mandate.  The swing vote was by Chief Justice John Roberts, a Bush appointee, who joined the liberal contingent of the court.  Four of the five justices in the majority, upheld the individual mandate on the basis of Congress' power to regulate interstate commerce.  However, Chief Justice Roberts upheld the law on the basis of it essentially being a tax by staing;              

      "If an individual does not maintain health insurance, the only consequence is that he must make an additional payment to the IRS when he pays his taxes."

     As of now, approximately six percent of the population will be required, under the affirmed law starting in 2014, to buy health insurance or face paying an additional tax of one percent of their income.  Only time will tell.

Long Island Lawyer
Paul A. Lauto, Esq.
 

Patchogue Village believes they have found a solution to the problem of having  cigarette butts littered on the grounds of their town.  However, their solution does not include strict enforcement of the no littering law.  They have instead, voted to amend the village code and require all restaurant and bar owners to incur the expense of having and maintaining outside cigarette receptacles.  

The law requires these cigarette receptacles to be located at the entrance and exit of all restaurants and bars.  Unfortunately, when a new law addresses a symptom and not the cause, it sometimes creates a new problem.  In this case, the new law will likely cause an increase in the congregation of smokers immediately outside the entrances to restaurants and bars in Patchogue.  This will likely result in patrons often being compelled to walk through a smoke zone atmosphere when they enter or leave the establishment, assuming they do not choose to take their business elsewhere.  In this current economy, business owners need all the help they can get just to stay in business.  The new law in Patchogue appears to contradict this premise and trades one problem for another.

Long Island Lawyer
Paul A. Lauto, Esq.

In a recent decision, a court in Italy held that the MMR vaccine caused autism in a minor child.  Based on an in depth examination of the case in light of the specialist literature to date, the court found that the child's autism with reasonable scientific probability, was due to the administration of the MMR vaccine.  This decision is ground breaking in nature and has resonated world wide.  Although this case was from a court in Italy, it could lead to a change in current laws in other countries, including the United States. 

Long Island Lawyer
Paul A. Lauto, Esq.

In December 2007  a 5 year old girl was struck by a car  while crossing Fulton Avenue in Hempstead, NY.  In that the crossing is located near an elementary school and high school, a crossing guard was present at the time of the accident.  As a result of the accident, the girl suffered multiple fractures and traumatic brain injuries.  Today, among other things, the now 10 year old girl remains in a wheelchair, unable to speak, blind in one eye and needs assistance to eat.  The case has settled with Hempstead Village for $16.6 million dollars.

Long Island Lawyer
Paul A. Lauto, Esq.

A man has sued Arby's for injuries allegedly sustained while using the urinal at one of their Colorado locations.   It is claimed that while using the urinal, a blast of hot steam came out of the urinal scalding the man's genitalia.  Reportedly, the malfunction was a recurring problem that employees were aware of, yet failed to remedy.  The man's wife is party to the lawsuit with a cause of action for loss of consortium. 

Long Island Lawyer
                                                Paul A. Lauto, Esq.

An Oregon jury held a 69 year old man liable for giving a 49 year old woman herpes.  The jury found that the man committed battery by intentionally engaging in an activity that was harmful to the woman.   The jury held the man 75 % negligent/responsible and the woman 25 % responsible.  The woman was awarded $900,000 in damages by the jury.

                                                            Long Island Lawyer
                                                            Paul A. Lauto, Esq.

A 6 year old boy was allegedly attacked by a dog, while attending his older brother's baseball game at an elementary school in Port Washington, NY.  The dog was a Labrador mix and with it's owner, when it attacked the boy as he walked from the ballfield to the playground.  The boy's earlobe was bitten off in the attack, requiring immediate surgery with multiple surgeries to follow in the future.

It is alleged that the dog had a known prior vicious propensity and that signs were clearly posted that prohibited walking dogs on school grounds.  Many ballfields and other public places prohibit dogs for good reason.  Unfortunately, these legal prohibitions are often ignored with potentially very serious consequences.  Dog owners must respect posted prohibitions in order to avoid potential liability for the injurious actions of their dogs.  It is far easier to keep your dog out of a prohibited area, than to defend yourself in a lawsuit and make an injured party whole again.

Long Island Lawyer
Paul A. Lauto, Esq.

According to a former FDNY Lieutenant, he received more than what he paid for when attending a Yankee game this past May with his son.   When the former Lieutenant objected to a man sitting in his son's seat, the man and his brother, allegedly grabbed him in a chokehold and beat him down to the ground.  

A law suit was filed for personal injuries in Supreme Court against the Yankees, claiming that the assailants were both intoxicated and that they were served alcoholic drinks notwithstanding.  

This case demonstrates the serious nature of serving alcohol to an intoxicated party.  Whether you are a bartender or a homeowner hosting a party, alcohol must not only be consumed responsibly but served responsibly as well.  To do otherwise is to risk potential liability for any causally related injuries and damages.

Lomg Island Lawyer
Paul A. Lauto, Esq.