since 1987 Keith Prater has provided intense representation to clients in Peachtree City and the South Metro ATL area in Personal Injury, Divorce & Family Law and Estate Planning Matters || Newnan to PTC to Griffin to LaGrange to Carrollton and all points in between
Tuesday, April 19, 2011
Tuesday, March 29, 2011
ILLEGAL ALIENS HAVE HUMAN RIGHT TO WAGES & CONTRACT(S)
March 23, 2011: District of Massachusetts issued an order in Lin v. Chinatown Restaurant Corp. denying the defendants' motion to compel the plaintiffs to respond to written discovery about their immigration status and in so doing asserted that the status of the Plaintiffs under the immigration act was irrelevant.
The Court held that the status of the Plaintiffs was irrelevant under the cited case, the 2002 U.S. Supreme Court ruling in Hoffman Plastic Compounds, Inc. v. NLRB because that case concerned the National Labor Relations Act and not the Fair Labor Standards Act because the adjudication of an FLSA cause of action does not call upon the court to make a discretionary policy-or interest-balancing assessment. Basically the holding upholds an aliens right to pursue damages for wrong done and does not allow that right to be trumped by status: Fair and Balanced trumps conniving and inequity.
The Court held that the status of the Plaintiffs was irrelevant under the cited case, the 2002 U.S. Supreme Court ruling in Hoffman Plastic Compounds, Inc. v. NLRB because that case concerned the National Labor Relations Act and not the Fair Labor Standards Act because the adjudication of an FLSA cause of action does not call upon the court to make a discretionary policy-or interest-balancing assessment. Basically the holding upholds an aliens right to pursue damages for wrong done and does not allow that right to be trumped by status: Fair and Balanced trumps conniving and inequity.
Saturday, February 19, 2011
Why Isn't Wall Street in Jail? | Rolling Stone Politics
Saturday, October 2, 2010
WEIRD CASES| What do Jurors think?
Breach of fiduciary duty cases illustrate what damages are all about. Sexual relations between consenting adults are probably not great damages cases and rely heavily on the victim's ability to communicate and the way they do it in front of an audience. Just how vulnerable was the victim is also a critical issue. My damages professor always illustrated the dilemma a jury has to confront by asking us to consider a bad facial injury to a hobo who spends his life down by the train terminal warming his hands over a burn barrel and the same injury to a famous fashion model ~ then he asked us to debate "do you really think a jury of twelve intelligent citizens are going to give the bum the same amount of pain and suffering they give the model?"
Friday, October 1, 2010
Report gives stimulus package high marks
Call Prater & Associates For An Appointment Today To Review Your Legal Matter(s)
770-253-7778
Washington Post Link: Report gives stimulus package high marks
Friday, March 26, 2010
Peachtree City Legal News
Oral contracts can be upheld even for large sums of money: $281M verdict upheld against Turner - Atlanta Business Chronicle:
Sunday, March 7, 2010
DEBT COLLECTION| The Old English System

HERE IS A LINK to the FTC site on what is lawful: FTC LINK
In Merry Old England once could spend an entire life in Debtors Prison [mercifully not very long thanks to the poor food and hygiene]. Who founded the United States but the English and interestingly they brought over a lot of bad Pavlovian beliefs, like hounding debtors to death. One of the most famous was Samuel Chase one of the first Justices of the United States Supreme Court who it is said died in a flop house in New Orleans after moving from town to town trying to escape his debt collectors. Any student of history will tell you that no one less than Thomas Jefferson himself was hounded by debt collectors and had it been available would have declared bankruptcy. Today we have protections in debt collection and bankruptcy. Almost everyone wants to pay their creditors|very few creditors want to give anyone a break; and of course the irony today is that we as taxpayers have given many creditors huge breaks and even money to stay afloat!
Here is a recent case overview of a Court getting tough with a debt collecting firm: 2010 Court sanction against a debt collection firm
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CONTACT ME FOR AN APPOINTMENT BY CALLING 770-253-7778 OR BY GOING TO MY WEBSITE AND EMAILING ME VIA THE EMAIL FORM FOUND THERE.
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...when it comes to documents. Over the past 23 years I have come to appreciate the fact that Judges as a whole do not like being given ...
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Breach of fiduciary duty cases illustrate what damages are all about. Sexual relations between consenting adults are probably not gre...
