May 09 2013
California MCLE, CLE, Criminal Law, Expert Witness, Illinois MCLE, Litigation, MCLE, New Jersey MCLE, New York MCLE, Online CLE, Personal Injury

CLE Course: Using A Forensic Psychologist in Your Legal Practice

screen-capture-1Forensic psychology has been described as the intersection between psychology and the justice system.  A key aspect of forensic psychology is the ability to testify in court, formulating psychological findings into the legal language of the courtroom and providing scientific testimony in a way that can be understood by the judge, the jury and opposing counsel.  For those of you interested in the Jodi Arias trial, forensic psychologists were instrumental in testifying to claims of PTSD and battered woman syndrome.  In civil cases such as personal injury, a forensic psychologist can be brought in to testify on symptoms of malingering and deception if it appears that the plaintiff may not be as severely injured as they claim to be.

“Forensic psychology is the application of the science and profession of psychology to questions and issues relating to law and the legal system. The word ‘forensic’ comes from the Latin word ‘forensis,’ meaning ‘of the forum,’ where the law courts of ancient Rome were held. Today forensic refers to the application of scientific principles and practices to the adversary process where specially knowledgeable scientists play a role.”[1]

If you need help understanding how to best deploy a forensic psychologist at trial or for trial consultation, Attorney Credits has just added an excellent new CLE course by attorney and forensic psychologist Dr. Alex Yufik.  In the course, Dr. Yufik provides insight into utilizing a forensic psychologist in your legal practice.  The main topics addressed by Dr. Yufik in the course include the definition of forensic psychology, selecting the expert, hiring the best expert for your case, expert witness vs. trial consultant, key aspects of the forensic evaluation, civil cases, criminal cases, risk assessments and good & bad experts.  To access the course, click this link: Using A Forensic Psychologist in Your Legal Practice.

Further topics discussed include:

  • Standards of admissibility
  • Checking your expert’s qualifications
  • Training & qualifications of psychologists
  • Board certification
  • Answering the referral question
  • Never relying solely on evidence from the client
  • Psychological tests
  • Personal injury cases
  • Legal competency
  • Emotional distress
  • Criminal competencies
  • Criminal mitigation
  • The insanity defense
  • Malingering & deception
  • The “awful” expert list

Dr. Alex Yufik is a Board Certified Forensic Psychologist and a licensed attorney based in Los Angeles, California.  He obtained his law degree from Villanova University School of Law and his doctorate in clinical psychology from George Washington University in Washington, D.C.  Dr. Yufik is currently employed by the State Bar of California as a Case Management Supervisor with the Lawyers Assistance Program (LAP), where he supervises other clinicians and conducts evaluations of attorneys that require monitored recovery and treatment for mental illness and/or substance abuse.  He also assists the State Bar Court and Office of Chief Trial Counsel with attorneys with mental health issues who face disciplinary proceedings.  In his own private practice, Dr. Yufik sees patients and conducts forensic evaluations in both criminal & civil cases such as.  His forensic evaluations involve competency to stand trial, criminal responsibility, sex offender evaluations, Posttraumatic Stress Disorder (PTSD) and psychological injury.

This CLE course on Forensic Psychology is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Georgia (GA)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • South Dakota (SD)

[1] American Academy of Forensic Psychology

http://www.aafp.ws

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May 08 2013
CLE, Illinois MCLE, MCLE, Online CLE

Illinois MCLE: 30 Online CLE Units Allowed

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Illinois attorneys … it’s almost that time of the year again for some of you.  We are fast approaching the end of the two-year MCLE compliance period in Illinois.  To avoid late fees, all of your CLE hours must be completed by 11:59 PM on June 30 (completion deadline) and your MCLE compliance reported by 11:59 PM on July 31 (reporting deadline).  In Illinois, your reporting group is based on your last name.

If you were sworn in to the Illinois bar:

  • On July 1, 2006 or later, then use your last name on file with the ARDC on your swearing-in date
  • On or before June 30, 2006, then use your last name on file with the ARDC on July 1, 2006

For all two-year reporting periods beginning July 1, 2010, attorneys who are subject to the Illinois MCLE Rules must complete 30 total CLE hours. As part of this 30 unit MCLE requirement, Illinois attorneys must complete at least 6 hours of professional responsibility (PR). Attorneys who are newly-admitted to the Illinois State Bar Association have different MCLE requirements than more experienced Illinois attorneys.[1]

The course or activity may be presented by remote or satellite television transmission, telephone or videophone conference call, videotape, film, audio tape or over a computer network, so long as the Board approves the content and the provider, and finds that the method in question has interactivity as a key component.[2]

Attorneys in Illinois may satisfy all 30 IL MCLE units through online IL CLE courses.  Attorney Credits is an Accredited Provider in Illinois and our Illinois CLE courses are presumptively pre-approved by the Illinois MCLE Board.  Our CLE courses are interactive because all of our presenters information is listed online on our Featured Faculty pages.  The presenter’s contact information is also listed in the written materials and displayed at the end of each IL CLE course.[3]  This enables Illinois attorneys to contact the presenters with further questions or comments about the course.  We offer CLE courses from numerous practice areas, including Bankruptcy, Business Law, Criminal Law, Education Law, Employment Law, Family Law, Immigration, Intellectual Property, Litigation, Personal Injury, Real Property, Sports & Entertainment, Taxation and Trusts & Estates.

[1] See: Completing Credits and Reporting

http://www.mcleboard.org/files/AttorneyMCLERequirement.aspx?MenuType=Attorney&subMenuType=mclerequirement

[2] Illinois MCLE Rule 795(a) – Accreditation Standards and Hours

[3] “Such interactivity may be shown, for example, by the opportunity for the viewers or listeners to ask questions of the course faculty, in person, via telephone, or on-line; or through the availability of a qualified commentator to answer questions directly, electronically, or in writing; or through computer links to relevant cases, statutes, law review articles, or other sources.”  See: Illinois MCLE Rule 795(a) – Accreditation Standards and Hours.

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May 06 2013
Blogging, California MCLE, CLE, Facebook, Intellectual Property (IP), Law & Technology, Law Practice Management, Legal Marketing, Legal Research, Malpractice, MCLE, New Jersey MCLE, New York MCLE, Online CLE, Personal Injury, Privacy, Social Media, Twitter

CLE Course: Ten Social Media Myths for Attorneys

Social media has changed society and along with it the practice of law.  Those attorneys who previously adopted the “Ostrich” approach – burying their heads in the sand and hoping it would all go away – must pull their head out and learn to adapt to our new Web 2.0 world.

It is now apparent that social media is not a fad – it is a paradigm shift.  Like email, Twitter and Facebook are here to stay … and that’s just the beginning.  There are currently over 400 social media websites and the list continues to grow every month.

Web 2.0 World

Social media is not just for teenagers and college kids anymore, companies and professionals now utilize social media for many business purposes.  Attorneys must be cognizant of social media and the legal issues that it presents in order to avoid legal liability and ethical violations in their own practice, and to fully counsel the clients they represent.

If you need help understanding the complex intersection of social media and the law, we have just added an excellent CLE course entitled Ten Social Media Myths for Attorneys.  In this extremely current and informative CLE course, Deborah Gonzalez of Law2sm provides an extremely comprehensive overview of the legal issues created by social media.  This course delves beyond merely introductory social media concepts and goes in-depth into complex legal social media issues so that attorneys are better able to counsel their clients.  The main areas addressed by Ms. Gonzalez include what is social media, ten principal social media myths for attorneys and resources for attorneys.

Further topics discussed include:

  • The many forms of social media
  • The new digital world
  • Why attorneys & professionals use social media
  • The principles of social media
  • Ethical rules that apply to social media use by attorneys
  • Disclaimers
  • Trademark protection
  • The FTC & false credentials
  • Astroturfing
  • Twitter-jacking
  • Cyber-stalking
  • Privacy
  • Employment law issues
  • The criminal system & the right to a fair trial
  • Digital legacy
  • Digital assets
  • State & federal laws impacting social media

Deborah Gonzalez is an attorney whose legal practice focuses on art, music, entertainment, digital, social media and online law.  She is licensed to practice in both New York and Georgia, and her clients include museums, galleries, artists & art professionals, animators, filmmakers, musicians & music professionals, authors, and various other creative professionals.  Ms. Gonzalez is the legal advisor to the Georgia Music Industry Association and currently serves on the board of Women in Film & Television Atlanta.  She is also a member of the Georgia Entertainment Association, Georgia Production Partnership, Women in Animation, and the Entertainment Law sections of the Georgia and New York Sate Bar Associations.  She speaks at various industry conferences around the world – such as SEIGE CON and SIAF – on legal issues and concerns for artists of all genres.

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Apr 08 2013
CLE, Illinois MCLE, MCLE, New Jersey MCLE, New York MCLE, Online CLE

CLE Course: International Taxation

Asset Protection CLE

Whether its foreign investors structuring inbound U.S. business ventures or U.S. companies engaging in cross-border transactions or exporting products or services overseas, the current economic conditions have increased the need for attorneys to be proficient in international taxation and corporate law.  Knowing overseas business operations and transactions and understanding the inbound and outbound tax consequences can be vital for the companies and individuals that you represent because in today’s global economy most business transactions involve some element of international tax.

If you need help understanding the nuances of international taxation, Attorney Credits has recently added an excellent new CLE course presented by Los Angeles tax attorney Jacob Stein. In the course, Mr. Stein provides an excellent overview of the taxation of cross-border transactions as he primarily addressed outbound taxation, passive foreign investment companies (PFICs), expatriation and inbound taxation.  This CLE course can be accessed by clicking on the following link: International Taxation.

Further topics discussed in this CLE course include:

  • Successful planning & structuring options
  • Taxation & Business Entities: foreign partnerships, sole-proprietorships & corporations
  • Subpart F & Controlled Foreign Corporations (CFCs)
  • Subpart F Income and foreign & domestic trusts
  • Constructive Dividends
  • Planning to expatriate
  • The expatriation of Facebook founder Eduardo Saverin
  • Transfer taxes that apply to nonresident aliens
  • Income taxation of investing in real estate
  • Effective business forms for doing business overseas
  • The tax consequences of offshore entity choices

This Attorney Credits’ CLE course places special emphasis on corporate forms, planning, and structuring. Even if you are not a tax practitioner – or an expert at tax law – you will be able to easily follow this informative presentation and you will quickly learn about the tax issues and traps that apply to Americans doing business abroad and foreigners conducting business activities inside the United States.

Attorney Credits is pleased to bring you this excellent CLE course on international taxation.  Jacob Stein is a leading national expert on asset protection. He is a Certified Tax Law Specialist and is AV rated by Martindale-Hubbell. Mr. Stein has written several articles on asset protection and tax planning, including Asset Protection Planning (Education Foundation, 2009) and Advanced Tax Planning Techniques (Education Foundation, 2009). He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program, and has been an instructor with the California CPA Education Foundation and National Business Institute for a number of years.

This CLE course on International Taxation is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Georgia (GA)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)
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Apr 05 2013
California MCLE, CLE, Illinois MCLE, MCLE, New Jersey MCLE, New York MCLE, Online CLE

CLE Course: The Anatomy of a DUI Case

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At some point in just about every attorneys legal career, there comes a time when a client, colleague, relative or friend comes to you and needs help with a sticky situation – a driving while intoxicated charge.

“What do I do, they ask … can you help me?”

But you’re a personal injury or estate planning attorney … what do you do then?

If you need help counseling a client or colleague who was recently charged with a DUI or DWI, Attorney Credits has just added an excellent new CLE course on the main aspects of handling a DUI case.  In the course, criminal defense attorney Paul Neuharth primarily addresses the criminal case, evidence, field tests, the readiness conference, the civil/administrative case and the rising blood alcohol defense. To access the CLE course, click this link: The Anatomy of a DUI Case.

Further topics discussed in this DUI CLE course include:

  • Bail
  • Subpoenaing Records & Officers
  • The Charge
  • The Readiness Conference
  • The Horizontal Gaze Nystagmus Test
  • Walking the Line
  • The Portable Breath Test (PBT)
  • Blood Alcohol Content (BAC)
  • GERD
  • Blood Tests
  • Breathe Tests
  • Alcohol Absorption
  • The Crime Lab Packet
  • Probable Cause
  • Motions to Suppress
  • Defenses
  • The Writ of Mandate

This CLE course is an excellent resource for attorneys that need help understanding the practical aspects of a DUI charge.  Paul H. Neuharth Jr. is a sole practitioner and has extensive experience in both administrative and criminal law.  He is on the American Trial Lawyers Association Top 100 Trial Lawyers for California and was also listed in the Criminal Law attorney category by The Daily Transcript (2010, 2011).  Mr. Neuharth was a California State Law Enforcement Officer from 1983 to 1990, receiving 7 commendations for his service.

This DUI CLE course is accredited in the following states:

  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Georgia (GA)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • South Dakota (SD)
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Apr 04 2013
California MCLE, CLE, MCLE, Online CLE

Increased MCLE For California Lawyers???

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California attorneys – what are your thoughts on MCLE?  Do you love it … hate it?  Are you ready for some more of it???

That’s right, the State Bar of California may soon be increasing the MCLE requirement for California attorneys.  When I opened my email this morning, one of the first things I came across was the April edition of the California Bar Journal.  The first title that caught my eye was entitled: “MCLE overhaul contemplated at public hearings.”

“The issue is, is MCLE really doing what it is supposed to be doing …. If not, how can we make it do what it is supposed to be doing?”[1]

                      – Loren Kieve, chair of the Member Oversight Committee

One of the main concerns is that California has one of the lowest MCLE credit hour requirements in the country, requiring only 25 CA CLE credits every three years.  Only Alaska and Hawaii – which require a mere three hours of CLE classes each year – have a lower requirement.  Nevada, New Jersey and New York all require 12 mandatory CLE credits each year, while states like Arizona, Oregon, Texas and Washington require 15 CLE hours annually.

Two public hearings are slated for April 18th in Los Angeles and May 8th in San Francisco.  Once the public hearings have concluded, a proposal will be submitted to the Board of Trustees who will consider the information presented at the public hearings.

The hearings will cover the following topics:

  • The mission of MCLE
  • MCLE requirements
  • The sub-fields of ethics, elimination of bias and substance abuse.
  • MCLE providers
  • Different types of MCLE instruction

In it’s original MCLE system, California attorneys were required to complete 36 CA CLE credit hours every three years.  I would not be surprised to see a return to this system … with some slight modifications.  One thing is for certain – it will probably be quite a few years until any significant changes take place to the MCLE program in California.

[1] MCLE overhaul contemplated at public hearings

http://www.calbarjournal.com/April2013/TopHeadlines/TH3.aspx

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Apr 03 2013
CLE, MCLE, Online CLE

Georgia MCLE: 12 Units Annually

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Attorney Credits recently started offering CLE courses for Georgia attorneys to complete their Georgia MCLE requirement.[1]  Georgia attorneys must complete 12 CLE hours each year, including 1 hour of legal ethics and 1 hour of professionalism.[2]  Georgia attorneys may complete 6 credit hours per year through online CLE courses – these are known as “in-house” hours.[3]

Active lawyers are required to keep current on the law by attending a minimum of 12 hours of education each year. Of these, at least one must be in ethics, one must be in professionalism, and for trial attorneys three must be in litigation.[4]

Georgia attorneys must complete the required 12 credit hours before the December 31 Georgia MCLE deadline.  If your CLE hours are incomplete as of December 31, you are entitled to a grace period.  The grace period for Georgia attorneys expires on March 31.  If you miss the March 31 deadline, you must pay a $100 late fee at which point your MCLE deadline will be extended to June 30.  If you complete your Georgia MCLE requirement after June 30, there will be an additional $150 late fee.[5]  You can monitor your GA CLE record during the year by logging into your account with the State Bar of Georgia.[6]

If a Georgia attorney remains in noncompliance with the GA MCLE requirement, the attorney may be suspended from the practice of law in Georgia.

Get your GA MCLE done today with Attorney Credits!  Attorney Credits offers an assortment of one-click Georgia MCLE bundles and we also offer MP3 Player and USB stick compliance packages.  If you select an online compliance package you can complete your courses with our streaming audio & video courses if you want to work online, and we also offer MP3 and video download courses if you want to study without an Internet connection.  Attorney Credits brings Georgia attorneys CLE Your Way!  Georgia attorneys may complete 6 credit hours annually with Attorney Credits CLE courses.

[1] See: Attorney Credits Offers CLE in Georgia

http://www.attorneycredits.com/wordpress/2013/02/attorney-credits-offers-cle-in-georgia/

[2]  Trial attorneys must also complete 3 trial credit hours (Litigation).  All active, non-exempt members who are not part of the Transition into Law Practice Program are subject to the Georgia MCLE requirement.

[3] These type of hours are called in-house hours and they are tracked on attorneys’ CLE transcripts maintained by the State Bar of Georgia CLE department staff. An attorney can take 6 in-house hours per year and can carry forward 6 CLE hours to the next succeeding year.

http://www.gabar.org/aboutthebar/faq/faqs.cfm?filter=Mandatory%20Continuing%20Legal%20Education

[4] Continuing Legal Education

http://www.gabar.org/membership/cle/

[5] For a total of $250 for late completion of your CLE requirement.

[6] To access your account with the State Bar of Georgia, use this link:

http://www.gabar.org/membership/memberlogin.cfm

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Apr 02 2013
CLE, MCLE, Online CLE

CLE Course: Chapter 13 Bankruptcy

As the economy continues to struggle along and numerous homeowners remain underwater, many Americans have turned to bankruptcy for a fresh financial start. Many of your own clients may even be considering bankruptcy – but how do you know if Chapter 7 or Chapter 13 is a better option for your client?screen-capture

Attorney Credits has just added an excellent new CLE course about the Chapter 13 bankruptcy process.  Presented by Los Angeles bankruptcy attorney Michael Raichelson, the course also includes a thorough discussion of the foreclosure process.  The course primarily covers the mechanics of Chapter 13, eligibility to file a Chapter 13 bankruptcy, information to gather from the client, how to get the bankruptcy process started, the Chapter 13 bankruptcy petition, schedules and forms. The course can be accessed by clicking this link: Chapter 13 Bankruptcy for the Non Bankruptcy Attorney.

Further topics addressed include:

  • Foreclosure Trends
  • The Reminder Call
  • The 30-day ‘cool off’ period
  • The Notice of Default
  • Unlawful Detainer
  • Chapter 7 vs. Chapter 13
  • Costs
  • The Right Client
  • Eligibility Debt Limits
  • Filing the bankruptcy
  • Bankruptcy Software
  • Bankruptcy website and resources

Michael H. Raichelson has over 18 years of experience assisting individuals and businesses throughout California and the United States manage their debt problems.  Mr. Raichelson is a member of the American Bankruptcy Institute, the California Bankruptcy Forum, the National Association of Consumer Bankruptcy Attorneys and the Los Angeles County Bankruptcy Forum.  In 2011, Mr. Raichelson was recognized as one of the premiere attorneys in the Los Angeles area, earning inclusion in California Super Lawyers for Southern California.

This Chapter 7 Bankruptcy course is accredited in the following states:

  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Georgia (GA)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • South Dakota (SD)
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Apr 01 2013
CLE, Florida MCLE, MCLE, Online CLE

Florida CLER

In an earlier post I discussed a fundamental topic –  the use of MCLE versus CLE.  About half of the states use MCLE to describe the minimum amount of CLE that an attorney must complete to remain compliant with the state bar.  The other half of the states do not use MCLE and instead simply call it ‘mandatory CLE.’  And then there is Florida ….

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Florida is the only state that utilizes the terminology CLER – Continuing Legal Education Requirement.  Rule 6-10 of the Rules Regulating The Florida Bar sets out the rules governing the Florida CLER program. Each member of the Florida Bar must complete 30 hours of approved CLE each 3 year compliance period, including 5 mandatory hours of ethics, professionalism, substance abuse, or mental illness awareness. The Board of Legal Specialization and Education (BLSE) directly supervises the Florida CLER program and completing the CLER late can lead to fines and suspension.

If you need more information about the Florida CLER program, Attorney Credits has an excellent Florida FL CLE FAQ that can answer many of your questions about CLE in Florida. Attorney Credits also offers individual CLE courses and one-click Florida CLE compliance bundles for you to complete your CLER. Our Unlimited Florida CLE package is also a good way to complete two CLER compliance cycles with one package.

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Mar 29 2013
CLE

New CLE Course: SharePoint – Legal Discovery & Data Storage Issues

In today’s global economy, SharePoint software helps businesses with content management, collaboration and sharing for intranet and Internet websites. However, with today’s increased record keeping responsibilities and e-Discovery demands, there are increasing legal discovery issues with the content generated by businesses in Sharepoint. Attorneys need to be aware of these legal issues and counsel their business clients accordingly.

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In the wake of Enron and the passage of Dodd-Frank and the Sarbanes Oxley Act, there are literally thousands of disparate retention requirements mandated by state and federal law.[1] With the advent of e-Discovery and legal holds, its now easier for companies to be liable for spoliation of evidence …. because the duty to preserve evidence now begins before a lawsuit is even initiated!![2] Spoliation of evidence can be deadly for your client’s case and pocketbook. For example, in January 2011 Delaware’s Chancery Court ordered the defendants in the case of Victor Stanley, Inc. vs. Creative Pipe, Inc. to pay over $1 million in damages for the willful loss and destruction of ESI (electronically stored information).

If you need help counseling your business clients on the legal issues associated with records retention and SharePoint, Attorney Credits has recently added an excellent CLE course entitled SharePoint: Legal Discovery & Data Storage Issues. In this course, John Isaza discusses the legal discovery issues associated with SharePoint, including the scope of information to manage, the legal analysis impacting SharePoint use and best practices for handling the legal issues associated with SharePoint.

Other topics addressed include:

  • Collaboration portals & social networking sites within SharePoint
  • Global & domestic regulations
  • Spoliation
  • Preservation case law [3]
  • Legal holds
  • Dodd-Frank
  • Sarbanes–Oxley
  • ITAR
  • International privacy regulations
  • Symantec & Clearwell surveys
  • SharePoint RIM management
  • IGRM
  • Communicating the rules

John Isaza is one of the country’s leading experts on electronic discovery, the revised Federal Rules of Civil Procedure and other RIM issues. Mr. Isaza has conducted regulatory research and worked in developing records retention programs for numerous Fortune 200 companies. Mr. Isaza also has over a decade of experience as a trial lawyer specializing in business, environmental contamination, products liability and construction defects. Mr. Isaza attended Boston College Law School, where he served as the Editor of the International Law Review. He is an active speaker in the ARMA and AIIM circuits and he has authored several articles on electronic discovery and information management. He has also presented 7 Steps for Legal Holds: Avoiding Malpractice and Jail! for our Attorney Credits CLE website.

This CLE course is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Georgia (GA)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • South Dakota (SD)

[1] And globally each country possesses its own International privacy requirements such as the United Kingdom’s Data Protection Act.

[2] The duty to preserve material evidence arises not only during the litigation but also extends to that period before the litigation when a party reasonably should know that the evidence may be relevant to anticipated litigation. See: Toth v. Parish (W.D. La. Mar. 2, 2009) 2009 U.S. Dist. LEXIS 16116.

[3] Case law discussed includes Spanish Peaks Lodge v. Keybank 2012 WL 895465 (W.D. Penn 2012) and Toth v. Parish 2009 U.S. Dist. LEXIS 16116 (W.D. La. Mar. 2, 2009).

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