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  • Human Rights Watch recently issued a report on the survivors of military sexual trauma (MST), and their treatment after reporting the assault. (Here: https://www.hrw.org/sites/default/files/report_pdf/us0516_militaryweb_1.pdf ) Although recent reforms have improved the way that the military responds to victims of sexual assault, many of those who were assaulted were forced out of the military in ...
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  • Interstate Trucking

    || 16-May-2016

    Shocking as it may seem, when a trucking company is involved in a crash, they will often quickly have a team of investigators at the scene of the crash, and despite their being several people at the scene taking stock of what happened, the company will mysteriously “lose” evidence which one would think should be readily available. Additionally, trucking cases are largely influenced by ...
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  • FBI Admits Hair Match Testimonies from Experts Are Flawed

    || 29-Apr-2016

    For decades, an “advanced” technique the Federal Bureau of Investigation (FBI) used to tie suspects to crime scenes was forensically analyzing hair samples. The results of the analysis would then be presented in court testimonies from an expert witness. More often than not, these testimonies and the apparent results of the analyses were not in favor of the defendant. Now, in a formal ...
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  • A friend of mine just started an important new job in Chicago as the Director of Government Affairs for a medium-sized business. Like any of us would be, she was very excited about her move and the new opportunity. As her friend and an employment law attorney, can you guess what was the first question I asked her?... Of course, I questioned whether her employer gave her a thorough, written job ...
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  • Protecting Yourself from Misplaced Documents

    || 22-Apr-2016

    There have been a number of stories in the news recently about how the VA has either misplaced or shredded documents veterans and their representatives have submitted to support their claims. Information submitted online has been lost, and documents sent to the VA have been wrongfully shredded. There is no way of knowing for sure whether you are one of those affected, but there are things that you ...
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  • It used to be that if a person was stopped on the interstate with a large amount of U.S. currency or drugs, they were charged with crimes of either possession with intent to distribute marijuana or possession of drug money in violation of Nebraska Revised Statute Section 28-416(17). Back in those days, if the federal government got involved in cash seizures, most of the time it was to pursue a ...
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  • What Is "Tort Reform"?

    || 18-Apr-2016

    “Tort reform” is a phrase used for the process of limiting the ability of injured persons to fairly recover for their injuries, even when their injuries are caused by someone else. One popular technique of persons championing tort reform is to use social medial to spread tales of what they consider outrageous verdicts by out of control juries. Often citing the case of Stella Liebeck, ...
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  • Talking Is Never a Good Idea

    || 13-Apr-2016

    Having practiced criminal law in state and federal courts for more than a decade, I’ve learned several things, one of which is the simple principle that there are common mistakes made by defendants or defense attorneys that lead to convictions. One of the biggest mistakes a person can make is talking to cops. It is my opinion that the most common reason people are in jail or prison is ...
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  • Is Asset Forfeiture Legal Stealing?

    || 8-Apr-2016

    Asset forfeiture is the process of law enforcement agents seizing property from an individual during an arrest, and then a United States attorney prosecutor successfully keeping it for the government’s own use afterwards. Even if no conviction is garnered for the suspected crime that led to the arrest, the seized property can be kept forever by the government if the asset forfeiture case ...
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  • Expediting Claims Tips

    || 28-Mar-2016

    The amount of time that it takes for the VA to decide an appeal leaves many veterans feeling hopeless about moving their claims forward. The VA provides several criteria that allow veterans claims to be expedited. Further there is are avenues outside the VA that can get eyes on a file within the VA. How does the VA view claims and why is it important that veterans think that way too? As we ...
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  • Insurance: Collateral Source Rule

    || 23-Mar-2016

    In some states, the “collateral source rule” is a powerful negotiating tool you and your attorney can use to help maximize your recovery after an injury which was not your fault. Generally speaking, the collateral source rule states that in the event your case goes to trial, you are allowed to ask the jury to award you damages for your medical bills based on the amount the care ...
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  • Most criminal defense attorneys write blogs about their statistical successes by resolving cases without a conviction, and most attorneys spout off incredible records of success that, by any account, are simply impossible. Like most things, anyone can make up statistics or shape statistics to fit their own agenda. The attorneys at the Berry Law Firm are very successful at getting cases dismissed ...
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  • From injury to verdict, what happens in my personal injury case? You have been injured by someone else’s negligence. What is likely to happen from this point on? Provided the at-fault person has insurance, it is quite possible that before you have the chance to contact an attorney, you will be contacted by a representative of the at-fault person’s insurance company. Insurance companies ...
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  • Routine Traffic Stops can lead to an arrest

    || 23-Feb-2016

    Traffic Stops There's little doubt that much of the contact between police and people who are arrested result from traffic stops. Many times people stopped for routine traffic offenses are subsequently arrested for drug offenses, transportation of narcotics, driving under the influence or a similar crime. There are several things drivers should understand to help eliminate contact with ...
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  • Blue Water Navy Vets Denied Again

    || 22-Feb-2016

    Once again, the VA has said that it would continue to limit benefits related to Agent Orange exposure to veterans who have set foot in Vietnam or its inland waterways. A recent court opinion, Gray v. McDonald, held that the Veterans Administration was required to determine whether those on board ships were close enough to the shoreline to qualify for presumptive Agent Orange exposure. The court ...
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  • Many veterans are taking medications to treat their service connected PTSD or manage the pain for their back, ankle, and knee conditions. VA doctors will prescribe medications and discuss with veterans their side effects, but most veterans are unaware that they may be entitled to compensation for these side effects. 38 CFR 3.310(b) provides that veterans can receive compensation for non-service ...
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  • Justin Kalemkiarian on Civil Forfeiture Laws

    || 11-Feb-2016

    Berry law Firm attorney Justin Kalemkiarian spoke with Channel 8 Eyewitness News today about civil forfeiture laws. He was interviewed after testifying at the state capitol about Nebraska's civil forfeiture system. Watch the video below, and for more information visit Chanel 8's coverage of the situation, " Lawmakers hope to reform civil forfeiture laws." News, Weather and Sports ...
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  • When Should I Hire a Criminal Defense Lawyer in Nebraska?

    || 10-Feb-2016

    Potential clients and their relatives often call our office when they learn that either they or a loved one have been a target of a criminal investigation. Others wait to see what will become of the investigation before contacting an attorney. Some people call us after the case has already gone to trial or after they have lost a trial or lost on appeal. The bottom line is that the best time to ...
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  • Basics of Traumatic Brain Injury

    || 8-Feb-2016

    During service, many veterans have received a traumatic brain injury (TBI) without recognizing it. Some brain injuries are not apparent at the time but can have long lasting effects on veterans later on in life. These effects are compensable and veterans can be missing out on benefits they are entitled to by not reflecting on their experiences in service. How do brain injuries occur in service? ...
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  • Tips to prepare for a C & P exam

    || 5-Feb-2016

    When veterans receive a Compensation & Pension ( C & P) examination notice, they struggle to determine where to start preparing for it. In the end, they make the mistake of walking into the C & P Examination blind. Below are four tips to preparing for a C & P Exam: 1. Determine the purpose of the examination. This may seem like common sense, but when veterans have multiple claims ...
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  • Nebraska Money Forfeiture Cases

    || 3-Feb-2016

    Many Nebraska money forfeiture cases begin when people with out-of-state license plates travel through Nebraska heading west and are stopped by law enforcement. Immediately law enforcement asks whether the driver or passenger have any large sums of cash or whether they intend to purchase marijuana in states such as Colorado, California or Oregon. Law enforcement then finds a reason to search the ...
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  • Cold War Service in Europe

    || 1-Feb-2016

    Many veterans don’t realize that they don’t need to have served during a time of war or in a combat zone to be entitled to disability compensation from the VA. Any injuries that occur during active service are compensable, and that includes injuries that occur while training. In addition, training accidents may result in other problems, such as PTSD. Service members who were stationed ...
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  • Evidence Proving Agent Orange Exposure for Non-Vietnam Vets

    || 28-Jan-2016

    Veterans applying for Agent Orange related conditions including diabetes mellitus, prostate cancer, ischemic heart disease and Parkinson’s disease are receiving a new letter from the VA that may cause some alarm. This letter asks that veteran to provide evidence that they were exposed to Agent Orange in service and is usually sent to vets who were stationed in Guam, Puerto Rico, Thailand, ...
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  • The Legislative Process in Nebraska

    || 27-Jan-2016

    With the new year, the Nebraska legislature is back and, to paraphrase Twain, no one’s life, liberty, or property is safe. What should the average Nebraska resident know about how the process works? First, the Nebraska legislature meets for either a long session (ninety working days) or a short session (sixty working days), with the long session corresponding to the biennial budget. Short or ...
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  • Attorney John Stevens Berry Sr.’s book, The Twelfth Victim is named as one of Steve Drizin's must-read list of books about confessions and interrogations in criminal cases. Drizen, heads up the innocence project at Northwestern Law School and is currently Brendan Dassey’s lawyer. The Netflix series Making a Murderer exposed the prosecution’s coercion of Dassey which resulted ...
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