An Ohio mother admitted to being “selfish” when she slipped away from her husband and 1-year-old daughter to run off with another man, sparking a nationwide manhunt. The vanishing act triggered a cross-country search until police, acting on a tip from the FBI, found Tehan and a man identified as Tre Hutcherson staying at motel in Miami Beach, Florida. Tehan said. “The plan was to get in the car and head down to Florida and start a new life. We had plans to maybe start a business… But I truly thought, ‘No one’s going to miss me that much. Let’s get in the car and go.” According to legal experts, it doesn’t appear Tehan did anything illegal. No charges have been filed against Tehan or Hutcherson. Miami police said it appears no laws were broken. Authorities in Ohio apparently agree.

A lawyer for a Dallas man trying to divorce the man he married in Massachusetts told a Texas appeals court Wednesday that his client is entitled to a divorce because he had a valid marriage. Same sex marriages do not exist in Texas but the couple insists they’re entitled to a divorce. But the Texas Attorney General’s Office argued before the three-judge 5th Texas Court of Appeals panel that the marriage isn’t recognized by Texas, so they cannot get a divorce. If the Attorney General had not intervened in the case by the usual count it takes to process a divorce in Dallas County the divorce would be completed. The couple also had an agreement to divide their property but that also is on hold.

Gay and lesbian couples who turn to the courts when they break up are getting mixed results across the nation. A Pennsylvania judge last month refused to divorce two women who married in Massachusetts, while New York grants such divorces even though the state doesn’t allow same-sex marriage.

A police official from the Ozark Police Department has been suspended from work after he committed the act of using a Taser gun on a disorderly 10-year-old girl. While he is suspended he will receive pay, but he could face criminal charges because of the act. The officer – Mr. Dustin Bradshaw reported to the girl’s home after a call came in for domestic disturbance behavior. Officer Bradshaw claims that the girl reacted in a violent way, kicking and hitting the officers while they tried to restrain her. The officer claims that the police force did not see a peaceful resolution to the matter so they arrested her. Even being under arrest, she still resisted the officers, who could not get her under control. With the permission of her mother, Officer Bradshaw used the Taser gun on the girl who then had to be carried to the police car. Shortly thereafter, the police department announced Bradshaw’s suspension for one week. The incident is now calling for an independent investigation of what actually happened and if the fact that the girl needed to be tasered should have even been an issue in this case. The mayor of Ozark Arkansas believes that the proper policy was followed by the police but hates to see that this force was used on a 10-year-old child. Due to this incident, an outside agency must investigate to be fair to both parties involved. Mayor Vernon McDaniel requested that the FBI or Arkansas State Police handle the investigation but both agencies declined. More shockingly, a criminal complaint may have to be filled before any investigation can be done. What the officer may have neglected to see is that a Taser gun has an increased risk of death and/or injury when used on children. Even the manufacture of the guns recommends that they not be used on children. Fortunately, the girl was not injured and has been taken to a Youth Facility/Shelter.

In 2007, millions of toys manufactured by Mattel Inc. and Fisher Price were recalled due to high levels of lead manufactured in the toys. Both companies have agreed to settle a lawsuit filed against them for the distribution of the toys. The projected class action lawsuit will determine 22 suits that have been filed against both companies and many retail stores on behalf of millions of individuals who purchased a defective toy for a child before they were recalled or taken out of the store. The Mattel Company recalled toys nationwide a total of six times in 2007, which involved more than 2 million toys. Along with The Mattel Co. recall, many other companies recalled their toys, which resulted in a total of 21 million toys being recalled. Due to the high volume toy recall, Congress passed a law that set strict guidelines for lead and chemicals and also ordered testing through a third party. Last year alone, the Mattel Company agreed to reimburse 39 states $12 million dollars in order to bring a close to a lengthy investigation of the defective toys. Again in June, Mattel was penalized for manufacturing and distributing lead-filled toys and agreed to pay $2.3 million due to their violation of the lead paint ban. The companies have followed the strict guidelines since 2007 and successfully have not had any recalls since 2007.

Source: Associates Press

“Cracking Rights” is a term that is used for the legal – waiver or a release section of a settlement contract between a property title-holder and a mining company. “ ‘Long-wall Mining’ is a high extraction form of mining, where continuous seams of coal, sometimes miles long and over a thousand feet wide, are completely mined with no support left behind for surface properties”. The effects of this mining technique could be tragic to many properties. Before a project beings that involves the long – wall mining technique, many jurisdictions oblige the mining company to let the property owners know of any property that will be affected by the mining project. The mining company should then take the responsibility to pay for any damages that occur to the property due to mining project. Many of the mine companies will pressure homeowners into signing a settlement agreement before the mining job even begins. This agreement should never be settled without the presence of a lawyer or without consulting a lawyer. Like many companies, the mining company is not looking out for the property owner’s interest. It is looking out for its own assets of the business. Signing an agreement may leave the sole determination of any damage made to the property to the mining company’s discretion. Also, property owners should be wary of cracking rights. “Theses rights attach to the property owners deeds, run with the land, and act as a past, present, and future release of future damages against the mining company.

Source: The Beasley Allen Report

According to the U.S. Consumer Product Safety Commission, many tip-over deaths and injuries could happen to young toddlers while in the home. Many parents go above and beyond to ensure their home is childproof and safe for all. But what some parents may think is a daily household item, could in fact be hazardous. Items such as an unsecured TV, furniture, and appliances are all hazards for young children. The CPSC is urging parents to make their home safe and take steps towards preventing the death of a young child by everyday household items. The CPSC estimated that about 16,300 children in 2006 were treated due to injuries caused by a TV, furniture, or appliances. From 2000 to 2006, an estimated 134 deaths were caused by a household item that had tipped over. Injuries and deaths occur most often when children climb onto, fall against, or pull themselves up on a TV, shelf, bookcase, dresser, or appliance. The CPSC has issued safety tips to help parents prevent tip-over deaths or injuries. Also, companies and vendors are obligated to let the purchaser know of every hazard the item may have.

Source: CPSC

The procedures listed in Section 3.007(a)-(b), that established the nature of a spouse’s defined benefit plan, has been repealed.  The new defined benefit plans set forth are of great importance due to the principle that was once set out in the cases of Berry v. Berry and Taggert v. Taggert.  In the case of Taggert v. Taggert, the Supreme Court ruled that when in a divorce, the community segment of retirement should be solely based upon the amount of time the two individuals were married during the accumulation of the retirement benefit. Also in Berry v. Berry, the Supreme Court held that the retirement benefits must be divided between the two individuals who were once married and its basis should be upon the value of the community’s interest when the divorce was final.  These two cases are now the target reference used by the courts in dealing and deciding upon the nature of a defined benefits plan for certain individuals.

In 2008, the Texas Department of Family and Protective Services found that more than 14,000 children were placed in permanent managing conservatorship (PMC) of the state. These adolescents who are active in PMC will remain in there until they are adopted by a legal guardian, age out of the system, or are released. Many foster parents are involved in many services that cater to these children but most of these children are not cared for, as they should be. The Texas Young Lawyers Association and Texas Lawyers for Children have come together to combat such cases as these and have begun to recruit and educate lawyers in Texas to serve as an attorney or guardian ad litem or co-counsel to neglected and/or abused children who are currently in foster homes. These two associations felt the need to partner to ensure that children who are involved in PMC have someone to look out for their personal needs as well as their legal needs. There are two phases in a case that involves a child who has been removed from their legal guardian. The first phase of the case determines where the adolescent will end up and the second phase deals with the adolescent’s overall well – being if they are placed in guardianship of a foster home. After a decision has been that the child will be attended to under the PMC of the state, this will mandate that a judge be required to review the living arrangements of the adolescent every 6 months.

It is a requirement through Texas Family Code Section 158.203 for any employer with 250 or more staff members to remit the withheld child support expenditure by electronic funds transfer by the second business day after the set pay day. Any employer who has less than 250 employees are not required to remit the child support payments electronically.

Texas Legislature amended the state’s law on economic contribution and return to more traditional reimbursements and offset principles. In such divorce cases, claims are made through economic contribution. Through theses claims, one spouse can request the other spouse to repay money for certain types of expenses that benefit either individual through one of their own personal, separate properties or the community property owned jointly through both spouses.  In a legal matter, there are three separate estates that own property which includes: (i) the husband’s estate (property owned solely by the husband), (ii) the wife’s estate (property owned solely by the wife), and (iii) the marital estate (property owned both by the husband and wife). One of the more complex issues in a divorce case is determining which person rightfully inherits the property left and how to respectfully divide that property.  Prior to Senate Bill 866, spouses in a divorce case were entitled to make a claim for economic contribution or reimbursement, solely depending on a confusing constitutional definition of what was rightfully theirs. Senate Bill 866 serves a new purpose in that it simplifies the law already established by returning to legal philosophy that is not as complex for the courts and attorneys to understand.  Economic contribution has been eliminated altogether and has been replaced by claims for reimbursement through the law passed.  This law just came into effect on September 1, 2009.