Archive for November, 2010

Personal Injury: Jury Awards Damages to Man Burned by a Boiler

Monday, November 29th, 2010

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The linked news article describes the result of a personal injury trial where the Plaintiff sued his former employer and a premises owner of an ethanol plant after he was severely burned by the steam from an industrial boiler while he was on the plant’s premises.  The Plaintiff was on the premises of the plant during a three day maintenance shut down in order to provide advice on the amount of chemicals to use to clean the boiler.  During his inspection he opened a hatch on the side of the boiler, causing steam to escape and burn him over much of his body.

The jury awarded the man $645,000, but during the five day trial, the Defendants argued that the man was partially liable. So the jury’s award was reduced by 30% to $451,000.

Bird & Skibell, PC represents parties involved in personal injury cases such car accidents, industrial accidents, and medical malpractice.  The Firm provides a free consultation to persons be believe they have been injured and can be contacted here.

Bankruptcy & Baby Boomers

Wednesday, November 17th, 2010

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A study conducted by the Administrative Office of the Federal Court system reports that middle aged people (over the age of 45, but younger than 61) are increasingly accounting for a majority of the consumer bankruptcy filings.  In 2007 middle aged people accounted for 50% of the filings and recent statistics shows similar results.  The study looked back to 1994 and included filings in Chapter 7 and 13.  See the link.

Bird & Skibell, PC represents both debtors and creditors in Bankruptcy courts throughout North Texas.  Please contact the firm to discuss your case with a Firm attorney.

We are a debt relief agency.  We help file for bankruptcy relief under the Bankruptcy Code.

Family Law: What is a Parenting Coordinator and a Parenting Facilitator?

Monday, November 15th, 2010

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The Texas Family Code allows Texas family courts to order parenting coordinators or facilitators in Sections 153.601 to 153.611.  Both persons are appointed by the court on its own motion or by agreement of the parties.  See Sec. 153.601. The goal of a parenting coordinator is to resolve parenting issues through confidential procedures, while a facilitator is tasked with resolving parenting issues through procedures that are not confidential.  See id.  A facilitator will develop a parenting plan to set out the terms of possession found to be in the best interest of the child.  See id. 

A parenting coordinator is appointed in “high-conflict cases” where the parents have demonstrated high levels discord and are having difficulty communicating.  See id.   In the appointments of either a parenting cocoordinator facilitator the court must find a that the case is either “high-conflict” or “good cause.”  See 153.605 and 153.6051.   

“The duties of the parenting coordinator are limited to matters that will aid the parties in: (1)  identifying disputed issues;(2)  reducing misunderstandings; (3)  clarifying priorities; (4)  exploring possibilities for problem solving; (5)  developing methods of collaboration in parenting; (6)  understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; (7)  complying with the court’s order regarding conservatorship or possession of and access to the child; (8)  implementing parenting plans; (9)  obtaining training regarding problem solving, conflict management, and parenting skills; and (10)  settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes.”  See 153.606.

“The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator.  The duties of the parenting facilitator are limited to those matters described with regard to a parenting coordinator under Section 153.606(a), except that the parenting facilitator may also monitor compliance with court orders.”  See 153.6061.

Bird & Skibell, PC represents clients in divorces and suits affecting the parent child relationship.  The attorneys at Bird & Skibell, PC regularly work with its clients on getting the correct parenting cocoordinator or facilitator appointed in its cases.  Please contact the firm for a free initial consultation regarding the merits of your family law case.