Could Former President Trump Be Arrested For Inciting Mob That Attacked U.S. Capitol?

The events of January 6, 2021 were tumultuous, to say the least — and aren’t likely to be forgotten by those old enough to remember anytime soon. Unlike the rest of Trump’s antics, five people died as a result of the violence or, in the case of two members of the police force, through suicide in the weeks after. And there’s another reason we won’t forget: the mob violence was probably the last even of any significance during Trump’s time in office.

Mitch McConnell and other prominent Republicans let Trump off the hook, acquitting him of inciting the mob by using the excuse that they can’t try a former president (hint: they can). But McConnell was also quick to explain that Trump wasn’t off the hook just yet. 

McConnell said, “There’s no question, none, that President Trump is practically and morally responsible for provoking the events of the day. The people who stormed this building believed they were acting on the wishes and instructions of their president, and have that belief was a foreseeable consequence of the growing crescendo of false statements, conspiracy theories and reckless hyperbole which the defeated president kept shouting into the largest megaphone on planet Earth.”

He wasn’t done: “He did not do his job. He didn’t take steps so federal law could be faithfully executed and order restored. No. Instead, according to public reports, he watched television happily — happily — as the chaos unfolded.”

McConnell continued his rant against the former president by acknowledging that Trump “hasn’t gotten away with anything yet.”

The Justice Department will likely probe the mob violence to discover whether or not Trump should be held criminally liable for the assault on our Democracy. Perhaps if Trump had shown some sort of buyer’s remorse for his role in that violence, he’d have a better shot of skating out of harm’s way. But at this point, he could absolutely be tried. Whether or not a jury would ever convict him…well, that’s another story.

Sexual Harassment Allegations Lodged Against New York Governor Cuomo

New York Governor Andrew Cuomo’s former aide says he sexually assaulted her when he kissed her without consent. Lindsey Boylan says Cuomo also asked if she wanted to play strip poker and noted the behavior had turned into a pattern before she left the job. Her job involved helping out the NY economic development agency.

Boylan is currently running to become a New York City borough president in Manhattan. Boylan wrote, “We were in his New York City office on Third Avenue. As I got up to leave and walk toward an open door, he stepped in front of me and kissed me on the lips. I was in shock, but I kept walking.

Governor Cuomo is under increased pressure right now as allegations of coronavirus wrongdoing continue to pile up. He is accused of covering up deaths at state nursing homes. When Assemblymember Ron Kim criticized the alleged cover-up, Cuomo allegedly threatened to “destroy” him in response.

Boylan wrote, “Governor Andrew Cuomo has created a culture within his administration where sexual harassment and bullying is so pervasive that it is not only condoned but expected. His inappropriate behavior toward women was an affirmation that he liked you, that you must be doing something right. He used intimidation to silence his critics. And if you dared to speak up, you would face consequences.”

Cuomo has vehemently denied the allegations. When they were first made in December 2020, he said, “Look, I fought for and I believe a woman has a right to come forward and express her opinion, and express issues and concerns that she has. But it’s just not true.”

When Boylan left the office the night of the alleged assault, she passed another woman’s desk. Boylan described her feelings that night: “I was scared she had seen the kiss. The idea that someone might think I held my high-ranking position because of the Governor’s ‘crush’ on me was more demeaning than the kiss itself. After that, my fears worsened. I came to work nauseous every day. My relationship with his senior team — mostly women — grew hostile after I started speaking up for myself. I was reprimanded and told to get in line by his top aides, but I could no longer ignore it.”

Boylan’s allegations have also been called into question by other staffers who were present on each of these nights. John Maggiore, Dani Lever, Howard Zemsky, and Abbey Fashouer Collins have all denied that he asked Boylan or anyone else to play strip poker. Activists were quick to point out that just because you don’t see or hear about someone being harassed — doesn’t mean it didn’t happen.

It’s likely that investigations into Cuomo’s potential criminal wrongdoing will be launched over the coming weeks, but whether or not they amount to anything substantial could be a different story. The governor is not immune simply by being in office, and unlike the president he is much more likely to be arrested if found guilty of wrongdoing.

Will Former President Trump Be Arrested For Tax Fraud?

The sheer number of controversies, investigations, and allegations involving former president Donald Trump — who very much lost the 2020 election in every sense of the word — is impossible to compare with other administrations. It’s out of this world high. And his being out of office hasn’t stopped the flood, either. The Supreme Court recently ruled that Trump would have to hand over his taxes to officials in New York who have been seeking them for a very long time (although this will happen outside of public view). 

What does this mean for investigations into Trump’s finances? Could Trump still be arrested for tax fraud?

Trump responded to the investigation by naming it “a continuation of the greatest political witch hunt in the history of our country.”

In response to the ruling, he said, “The Supreme Court never should have let this ‘fishing expedition’ happen, but they did.”

According to a former New York Times report, Trump managed to avoid taxes for at least eleven years. In 2016 and 2017 he paid only $750 in federal income taxes — which would have been the filing fee for a man with his assets.

Whether or not he faces prosecution, much less arrest, is up in the air. Keep in mind that Donald Trump is still a wealthy man — even with his obvious and mounting debts — and he will be able to afford the best legal counsel should the case against him ever lead to an arrest and go to trial. 

Former Senate Majority Leader Mitch McConnell famously stated that Trump “is liable for everything he did while he was in office” and that he hadn’t gotten away with anything “yet” after voting to acquit during the second impeachment trial. That’s because a probe into the capitol riot is likely. Trump is blamed for inciting the mob to attack on January 6, where five people died as a result.

Are Sexual Abuse Or Sexual Assault Settlements Rare?

First, it’s important to recognize that the vast majority of victims of sexual abuse and sexual assault remain quiet throughout their lives — and they carry the burden of that solitude with them. That means increased stress, depression, anxiety, and a higher likelihood of turning to drugs or alcohol to cope with pain. Only a minute percentage of sexual assault cases result in the defendant prosecuted at all, much less in jail. But what does that mean for civil suits?

The process for obtaining compensation via civil litigation is easier than it is for criminal law, and the burden of proof isn’t as great. So are sexual abuse or sexual assault settlements as rare as criminal prosecution? 

In a word: Yes. But they’re “less rare” than the percentage of prosecuted criminal cases, which means whenever you’re ready to tell your story, you should tell it. One California lawyer recently won millions for survivors of boy scout sexual abuse. To those kids who went through the pain and anguish associated with that abuse, the payments were probably worth it.

A recent settlement was approved for Harvey Weinstein’s victims, which means that the survivors won’t go through the pain of being dragged into the courtroom to confront him. U.S. Bankruptcy Court Judge Mary Walrath said, “Eighty-three percent of the victims have expressed very loudly that they want closure through acceptance of this plan.”

The settlement was reached after victims and their attorneys decided that further litigation would likely be unpredictable in court, and that the settlement was indeed fair. 

Walrath said, “I will not get into an analysis of whether one victim’s claim has more validity or more value than another’s. Every victim of Harvey Weinstein was victimized and deserves to have a say into the plan confirmation. If they choose not to release Mr. Weinstein, they have the right to a have a jury trial. … Eighty-three percent of the victims have expressed very loudly that they want closure through acceptance of this plan.”

Although sometimes victims will want to look at an abuser in the eye to show strength in the face of fear and weakness, others will not. The reaction is completely natural. But not every victim felt the same in Weinstein’s case, nor did every attorney.

Attorneys Douglas Wigdor and Kevin Mintzer displayed their feelings in The Hollywood Reporter recently: “We look forward to continuing this fight on behalf of survivors who seek to hold Harvey Weinstein and his corporate enablers accountable.”

Counselor Beth Fegan said on behalf of the class-action suit: “This bankruptcy plan guarantees that Harvey Weinstein’s survivors will have the opportunity to be heard in a safe and confidential process. Although there will never be enough compensation or redress to right these wrongs, we’re immeasurably honored to represent our brave and resilient clients who, in the face of adverse rulings, continued to advocate for a fund for all survivors.”

When To Hire A Personal Injury Lawyer

Remember when you were a kid? Placing blame on others was a fact of life. Someone twisted your arm or pushed you to the ground, and you knew exactly who deserved that blame. Convincing your parents was a matter of picking your battles. Would they believe your allegations? Was it worth the fight? Legal matters are much the same except in the adult world. Before picking a courtroom battle, you’ll want to know your chances of winning a case. Here’s what you should keep in mind.

First things first: a twisted arm won’t result in any financial compensation. You’re not a kid anymore. Personal injury lawyers make money based on contingency. That means they only get paid when they win. They only win if the case has merit. And a case only has merit if your financial interests were affected by someone else’s negligence. But you must also have proof of that negligence. Ask yourself whether or not you can answer these questions before calling a personal injury attorney.

If those conditions are met, then it’s time to hire a personal injury attorney. This individual (with or without the help of a firm) will help you calculate damages for which to sue. Factors contributing to a number might include literal dollar bills (i.e. what you’ve already paid in medical fees), but they can also include pain and suffering. The judge will also consider whether you deserve more money for any disability that might reduce your worth to an employer in the future (because that would mean fewer promotions, less productivity, and a smaller chance of finding a new job).

A personal injury attorney might also want to contact your insurance providers (or the defendant’s) to ensure that all appropriate reimbursements have been made. If you were hurt because of someone else’s negligence, then you deserve compensation — whether the negligence occurred on purpose or by accident.

Will The Election Result Certification Affect My Personal Injury Lawsuit?

Election results have been certified in 20 states up until today. The results in 30 states are still pending. These 30 states include critical swing states that Trump needs in order to retain the presidency for another term. Right now, it looks like his administration’s lawsuits are aimed at slowing down the certification process so that the day when all states must be certified on December 8, 2020. What happens if he succeeds? Probably nothing. But who ends up in office might change the pace at which your personal injury lawsuit moves forward.

Why?

Lawsuits really have nothing to do with politics in general, which is why the president in office won’t really change anything about your case. But right now, coronavirus is still placing a huge burden on many workers around the country — and the incoming president, Joe Biden, will have a lot of say in how to change policies regarding the U.S. approach to slowing down or containing the virus.

For example, Biden could choose to shut down the country for another couple weeks to wipe out the virus completely (although that wouldn’t actually work). Biden has strongly said that he would not consider this action. But suppose he reversed course and shut down the country anyway. That would ensure that all pending lawsuits and court cases are put on hold until the two weeks elapsed. And during this time, new cases would pile up. By the time the lockdown ended, old cases would be delayed more than just the two weeks.

There have already been large delays for those seeking personal injury judgments. There is good news mixed with the bad, though. Those who have been waiting a long time may have noticed that the statute of limitations on their cases is about to expire. Worry not: these are the products of state laws, and most are being extended to give victims a fair chance to seek compensation even during this pandemic.

Some personal injury proceedings will be allowed to take place remotely (more than there are now). One of the downsides of delays on remote communication is the likelihood that a victim takes the low-ball offer instead of waiting for the settlement amount to increase. Cases are much less likely to go to trial now than they were a year ago. That’s because people need quick cash, having lost their jobs for no good reason.

Certain states with large, liberal-leaning cities — like New York City, New York or Los Angeles, California, or even Chicago, Illinois — won’t have a large impact regardless of when their election results are certified. There’s really no chance of these results being overturned. Trump hopes to focus his efforts on states like Georgia, Pennsylvania, and several rust belt states that were closely decided in Biden’s favor.

Donald Trump has mismanaged the pandemic from the beginning — which has adversely affected our personal injury cases — and we can only hope a President Joe Biden will do better.

Can I Sue President Trump If Joe Biden Wins In 2020?

Maybe not so surprisingly, we’ve received a number of inquiries from United States citizens who lost a job — and therefore health insurance — after the coronavirus resulted in a large number of layoffs. They want to know whether or not they can hold President Donald J. Trump liable in civil class action litigation for his failure to effectively respond to the coronavirus pandemic. Why does this question arise? How would it play out in court? Is it even legal?

The basis of the case would theoretically depend on whether or not President Trump’s failure to act led to the economic crisis that cost people their jobs, and indirectly their health insurance — putting them at increased risk of financial ruin or the inability to pay hospital bills after a coronavirus infection.

It wouldn’t be a difficult case to argue in court. Donald Trump knew about the dangers of coronavirus. He failed to notify the public of those dangers. He overruled steps taken by organizations like the USPS — which had initially sought to send five masks to every American household before Trump said no. He has consistently spread misinformation about the efficacy of masks. The list goes on. So it isn’t hard to prove how Donald Trump made this crisis worse than it had to be.

Unfortunately, such civil litigation is not legal anymore.

The Supreme Court ruled in a 5-4 decision on Nixon v. Fitzgerald that former President Richard Nixon could not be held liable in civil court for the consequences of his actions when in office. From a legal standpoint this makes sense. After all, in today’s hyper-polarized political world, every president would be sued by millions of citizens. 

It’s important to note that the initial trial during Nixon v. Fitzgerald resulted in rulings against the president in both the original trial and the appellate court. The Supreme Court had the final say — and it ruled differently, providing the president with immunity.

But this does not mean President Trump cannot be tried in criminal court, though.

Can A Contractor Or Subcontractor Sue Me When I Come To Work With Coronavirus?

Over the last several months, we’ve received a large number of inquiries from construction workers, subcontractors, and contractors who are worried about the possibility of civil litigation if it is determined that they were patient zero after a workplace outbreak. While we understand these concerns, it is important to understand that the liabilities of an employee or other individual at a workplace are complex — and much of someone’s ability to sue another person depends entirely on the situation, each of which is likely unique.

What does that mean? For the most part, it means don’t worry too much. Take necessary precautions that we know limit the spread of coronavirus. Wash hands often, avoid close contact with coworkers, wear a mask, etc. Taking these basic steps can greatly reduce the opportunity for someone else to sue you for negligence — because you can easily prove that you were doing your best to stay safe and healthy.

For an individual to have any shot at a lawsuit, they need a qualified work accident lawyer who can prove that someone’s negligence led to a specific outbreak. This is extremely difficult. Truth be told, the onus is mostly on the contractor, boss, or whoever else is in charge at a specific construction site. 

For example, if an employer were to ask or require you to remove your mask while you work, then they are absolutely liable for any health-related consequences of a workplace outbreak. That’s because we know that the science says wearing masks helps greatly reduce the spread of the virus.

For the moment, other workplace hazards are still far more dangerous for the average construction workers. These include physical injuries like lacerations, burns, broken bones, head, neck, and back injuries, and even the loss of a limb. However, heart attack and stroke are common at construction sites when an employee is over the age of 55 — and we know that coronavirus and the resulting disease COVID-19 are far more dangerous when an underlying condition like heart disease is already present.

That means you should also visit your healthcare provider to discuss the risks of coronavirus at your workplace, how you can mitigate those risks, and exactly what you should do if you suspect you might be sick. 

One thing is for sure: this is not the time to go to work while sick. Doing so can mean legal action later, justified or not, and can also put others at risk. It’s not worth the risk!

The CDC recommends that construction workers take the same basic precautions as anyone else when at work during the pandemic. If you feel symptomatic at work, notify your supervisor immediately. Go home and do not return to the workplace until a healthcare provider can clear you to work again depending on state and local procedures. 

Do not share tools unless absolutely necessary, and attempt to disinfect those tools on a routine basis. Your supervisor should already have outlined procedures for making sure that shared items are kept clean. Employees should also make themselves aware of the CDC’s guidance regulations for employers.

Can I Sue After Being Kicked Off My Insurance During The Coronavirus Outbreak

The world is in dire straits, and while the pandemic shows some of the best of humanity’s qualities — it also shows some of the worst. Our law firm has been flooded with inquiries relating to coronavirus and health insurance. Most of those who have questions have, for one reason or another, lost health coverage due to this crisis. Whether or not litigation is the right path forward depends on exactly what happened.

If you are currently employed and coverage was affected by the coronavirus outbreak, you might have a solid case. After all, coronavirus is the biggest reason we need good healthcare right now. It shouldn’t also be the reason we lack it. And insurance providers can’t just change the rules of the game when a new player enters. Talk to a personal injury attorney for more information.

Most workers who were laid off due to the coronavirus pandemic likely have no legal recourse. But they do have other options to put health coverage into place before it’s too late.

COBRA was built as a way to keep continuing coverage in place after a person loses his or her job, and most laid-off workers will have this option. The problem is that COBRA is almost always very expensive.

Another option is Medicaid. You might seek Medicaid if you are recently unemployed or if your hours have been much reduced. This is a good option, because coronavirus testing is provided at no additional cost. Copayments might depend on where you live. 

The last option exists because of the Affordable Care Act (or ACA). You can sign up for Obamacare soon after losing a job to find coverage when other options aren’t for you. Some levels of coverage in the marketplace are low-quality for what you get, and even with subsidies, the coverage can still be quite expensive in relation to what you’re accustomed to paying.

Can I Sue My Boss If Infected With The Coronavirus At Work?

Coronavirus-related lawsuits are almost guaranteed in the weeks, months, and years ahead. Lots of them. Not just because many will be justified, but because the global pandemic has slammed us with a great economic and personal cost, and many of us will be looking to become whole again once most of the danger has passed. That means placing blame on those who allowed the pandemic to become this bad. Placing blame means litigation.

So can you sue your boss if you were infected with the novel coronavirus at work?

Probably not. More than likely, you would have to prove that it was your boss’s negligent actions that resulted in the spread of the virus. That’s almost impossible to prove in most workplaces around the country.

What cases will hold the most weight in court?

Well, let’s say your boss forces you to work while you’re sick. If you can document the interaction between you and your boss, or you have multiple witnesses who will back up your story, then you have a great case. It becomes an even greater case if you can prove that your boss forced you to work while you were sick with coronavirus or the disease it causes, COVID-19.

You can also try to argue that the lack of sick leave offered at a particular company compelled you to work while you were infected. There’s a weak case there somewhere, but you’ll need to find a personal injury lawyer who believes that you make a compelling victim. Right now, our law firm is not taking on these types of cases — in part because you are partly to blame for spreading the infection causing so much damage, and we don’t believe judges want to hear from you.

Another potential case might be built if you are a worker for an essential business, but your boss did not take the necessary precautions to keep you from becoming infected with the virus. If you work for a restaurant offering takeout, for example, but there are no gloves or masks provided — then you might have a case.

The last possibility involves someone willingly infecting you with the virus. For example, one man filmed himself licking Wal-Mart products while asking “Who’s afraid of the coronavirus?” and was subsequently arrested and charged for making a terrorist threat. If you were infected after someone did something like that, or simply coughed into your face on purpose, then you have the opportunity to build a strong case.

Not sure if you have a case? Then call a personal injury lawyer for a free consultation as soon as possible.