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The Key Doesn’t Fit

Thursday, April 28th, 2016

It kinda sounds like a story of “If the key doesn’t fit… ” Instead of trying to top this by blogging about it, I am just pasting. It made me laugh:

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And since it’s the weekend of the NFL draft, I thought I would mention this one old law from Massachusetts. No one may take a bath in that state without a prescription. No wonder I root against the New England Patriots. No bath this weekend… but there will be!

Have a great weekend! and for pic o’ weekend…

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Categories : Current Affairs, Sports
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Watching the Lions

Tuesday, April 26th, 2016

There are just some things that you can’t take your eyes off. Going to the zoo, you can laugh at the monkeys. You might marvel at the giraffes. You might even wonder if they ever have sore throats, with their long necks… and do they make cough drops for a giraffe?

You don’t wonder about the lions. You just can’t stop watching them! Right?

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That’s my lead to our Wednesday pic o’ day. (Went blog light today, since we sent out our April newsletter email) Some animal analysis. This is more ”animal” department. Part wreck… part dinosaur humor.

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Ok… you don’t like T-Rex humor? How about some medical humor?

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A Document Worth

Monday, April 25th, 2016

What is it worth? Documents detailing some of the original “Laws of Base Ball” sold for $3.26 million on early Sunday morning, It set a new record for the highest-priced baseball document. (ESPN)  .

The same auction house in charge of this sale also noted that a 1920 New York Yankees’ Babe Ruth jersey sold in an auction for $4.4 million in 2012. That same year,  the Naismith Rules of Basketball sold for $4.3 million.

According to the ESPN article, The original rules of baseball, as written by Daniel Lucius “Doc” Adams, stipulated that the ball could not weigh less than 5¾ ounces, and the bat could be of any length; but no more than 2½ inches at its widest part. The rules also stated that there would be four bases, 30 yards apart, with each base being one square foot.

I always believe that auction items make for a good jury argument, when discussing an injury case. If we put such value on a document and paper, what is the worth of a permanent injury to a leg that causes a lifetime of pain, or a lifetime of worry.

What is it worth to be able to put on an outfit and feel so good… that you don’t even have to look in the mirror?  No scars or pain. Just to feel happy. Emotional value! What is the worth of not having to worry about making that next house payment? Real life values.  Just a thought!

And for pic o’ day…

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Youth and Sports Injuries

Sunday, April 24th, 2016

I try to always give a Monday take-away thought. How about this one?

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OK, not what you were expecting from a Monday morning legal blog? Well, as Sam Elliot popularized the saying in The Big Lebowsky,  ”Sometimes you eat the bear and sometimes the bear eats you”.

I probably was a little like that last week, as I fell behind on the blogging a bit. But, I am more of a lion person anyway… so I come roaring back with this morning’s blog!

Because so many kids are playing youth sports, not to mention the expense of equipment. By the way, have you seen the price of a baseball bat? Makes you want three, Right? But I digress.

Sports are more competitive than ever. With competitiveness comes the risk of concussion. I thought about this as I saw a kid riding his bike without a helmet on Sunday. No good!  

So, I thought I would do a short blog on concussions. A good website to read on this, was put together by the nonprofit group Cleared to Play, arising out of an orthopedics practice (Here

Sports concussions can have a lasting impact on a life. Some athletes end up experiencing a life of cognitive and neurobehavioral difficulties.(PubMed) Doctors sometimes call this post-concussion syndrome. No different than what can happen in a car crash or on the battlefield.

Symptoms include chronic headaches, fatigue, trouble sleeping, dizziness, short-term memory loss, and even difficulty with problem solving. Sometimes trying to do simple math and addition of pocket change becomes difficult.

Those who experience untreated concussions and multiple concussions are also at high risk for developing permanent brain injuries and brain damage. Symptoms like depression and anxiety take hold.

Athletes who return to practice or the game too quickly before they have recovered from a concussion are at great risk for second-impact syndrome. According to statistics shown on the website, fifty percent of second-impact syndrome incidents result in death.

Again, for “quick-clicking” purposes and to learn more about sports concussions,go to clearedtoplay.org. Serious stuff!

 And for pic o’ day….

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Cakes and Cookies

Wednesday, April 20th, 2016

Here’s some food news:

From the NY Daily News comes a story about a lawsuit that was filed against Whole Foods by a Texas pastor who alleges that a cake he ordered contained a homophobic slur. According to the suit the pastor of the Church of Open Doors ordered a cake from the grocery store which was to read “Love Wins.” However, when the plaintiff picked up the cake, he allegedly found that a slur had also been written on the cake. Whole Foods has denied that its bakery had anything to do with the addition of the slur on the cake. However, the plaintiff released a video that supposedly shows the cake in the box, with an unbroken Whole Foods seal. Whole Foods denied its bakery employee had any role in writing the cake lettering.

 

Back to Nature Foods has issued a recall (PRNewswire)on some of their cookies, due to ingredients in the cookies that are not listed on the label. The cookies may contain milk ingredients. The recall applies to Back to Nature’s Classic Creme cookies in 12 oz. packages, which contain undeclared milk. People with “an allergy or severe sensitivity to milk run the risk of a serious or life-threatening allergic reaction if they consume this product.” Sad to ruin a good cookie!

And finally, in the past I used to include a section in all the blogs called Did You Know?, my blogs were getting too long, so I cut it out. I wish I could also include a saying of the day but that would face the same fate. Still, I like the following quote… if I did have that daily blog “feature”:

The thing about chaos is that while it disturbs us, it too forces our hearts to roar in a way that we secretly find magnificent.

-Christopher Poindexter

And for pic o’ day…

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The Effectiveness of Order

Sunday, April 17th, 2016

It’s not unusual to talk to a new client and get asked one or both of the following questions: “How long will this take?” and “What is my case worth?”. The end at the beginning.

When investigators are called in to determine the cause of an airplane crash, they have to know the ending before they can start at the beginning. What caused the crash assumes the order of end-to-beginning.

The National Traffic Safety Board (NTSB) sends its GoTeam to the scene and states on its website that:

At the core of NTSB investigations is the “Go Team.” The purpose of the Safety Board Go Team is simple and effective: Begin the investigation of a major accident at the accident scene, as quickly as possible, assembling the broad spectrum of technical expertise that is needed to solve complex transportation safety problems.

When we analyze cases that come in, we start with the same order or working the case. Much like a sandwich… you start with the bread.

So, to be able to answer those first two questions from new clients, I have to start at the beginning. How long the case takes can be based on such factors like length of treatment and whether suit has to be filed. If we get in the case late, it may be hard to start at the beginning, if things are missing from the beginning. Maybe that’s why the insurance company adjuster tells a person that they will treat them fairly in the beginning… they don’t need a lawyer.

States where we practice are pretty tight on advertising results in cases. At the very least, they ask us to remind that each case is different and no value is the same. So, we start at the beginning to determine value of the case. By the end, we can look back over the losses, damages and medical treatment to determine a fair market value.

Unfortunately, to be able to answer both of those client questions at the beginning would be difficult, unless I could travel on the magic carpet of my time and space continuum.

The process of starting at the beginning is not very interesting. In fact, I congratulate you, if you made it this far in the blog. A plan of order is not exciting. Instead, it’s a good application of what George Bernard Shaw said, “Doing what needs to be done may not make you happy, but it will make you great.”

And for pic o’ day, I saw this picture with this caption and laughed. And, maybe the chicken had more of a plan than just getting to the other side?

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More Legal Drama

Thursday, April 14th, 2016

If you missed the FX show The People v. O. J. Simpson, you can still catch the 8 episodes on demand. Because of its viewing success, it shouldn’t surprise you that Hollywood is now racing to copy this success.

NBC is currently planning a series that is based on the Menendez brothers. Erik and Lyle Menendez were tried and convicted in 1989 for murdering their parents. They are both currently serving life sentences.

CBS is working on a series about the unsolved killing of JonBenet Ramsay. She was the 6-year-old who was killed in her Colorado home in 1996. You may remember that her mom was considered a suspect and that both parents were greatly criticized for all that beauty pageant contestant footage.

The series is expected to feature investigators from the original investigation to discuss the possible suspects, as well as experts to comment on the original findings and discuss the evidence in the case. A Whodunit.

The common theme to this new genre of TV series is murder. I guess  a series on cupcake sales just doesn’t get the viewers.

And since the weekend is not just another day… here’s some music humor for our pic o’ weekend:

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Competition and Advertising

Monday, April 11th, 2016

I like the TV show Better Call Saul  which is based on a lawyer named Saul Goodman. It has some local flavoring to it, because the female main character is from Virginia Beach and the creator of the series is from Chesterfield.

The last couple of episodes have been about Saul sneaking into his brother’s house to change document dates, as a way of defeating the competition. I won’t bore you with the details, except to include that Kinkos copying and the changing of documents, is the basis of the story.

A 1946 law went into effect called the Lanham Act, which prohibits false advertising and provides civil penalties for such “competition” activities.  We hold false statements in business to a different standard than just defamation.

In 1991 Procter & Gamble won a $75,000 lawsuit against James & Linda Newton after they were found responsible for spreading rumors that the company supported the Church of Satan. The two were distributors of Amway Products, a competitor of Proctor & Gamble.

They had published information to indicate that the President of Proctor and Gamble had appeared on the Phil Donohue Show to announce that “due to the openness of our society, he was coming out of the closet about his association with the church of Satan”. The Newtons went on to say that people should understand that a purchase of Proctor and Gamble products was a conscious effort to support the church of Satan.

Unfortunately, such “false advertising” doesn’t seem to apply to politics. I guess we just assume it’s all false in political advertising. When you see that kind of advertising, can’t you almost see that as a political ad? Yes you can!

And for pic o’ day, this is one to make you think:

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Egyptian Honey

Sunday, April 10th, 2016

I was reminded by yesterday’s Our Daily Bread  of the findings of archaeologists who discovered King Tut’s tomb in 1922. Despite the local rumors that a curse would be placed upon anyone who entered this sealed tomb, they began preparations to carefully enter the tomb through the debris, and down the tomb’s interior chamber steps.

As they finally opened the door to the chamber in 1923, they began the long process of careful excavation. In 1924, their slow pace brought them to a sarcophagus with three coffins. (History.com) Then, they began finding the tomb-filled riches that had been placed there by the Egyptians to help usher the king into the afterlife.

Among the riches that were discovered included golden shrines, jewelry, statues, a chariot, weapons and clothing. There were small boats representing the journey to the netherworld and a shrine for the young pharaoh’s embalmed organs.

Also found within the tomb were honeycombs that contained honey that was still deemed to be edible.(thebeejournal.com) The reason that honeycombs with edible honey was placed in the Egyptian Pharaoh tombs, was later revealed in the oldest medicine book in the world.

The Egyptian Papyrus Ebers was found in 1873, containing a listing of over 800 medical problems and diagnoses. In addition, there were treatments and cures with recipes for these medical problems. Over half of the recipes included the use of honey. Once again… honey for the Pharaoh to help combat medical problems in the afterlife.

We do now know that honey naturally produces hydrogen peroxide which is included in antibacterial ointments and such. Honey proponents also point out that it serves as a preservative for meats and fruits. It has been held out as an antioxidant, amino acid and includes vitamins that also helps to reduce inflammation and assists in the regeneration of the skin.

I’m not writing this blog as an advertisement for honey, but I do find those tomb discoveries and their history to be interesting. I have also been fascinated to hear that (CNN) King Tut’s tomb has a 90% chance of having hidden chambers with more potential discoveries to be found.

I blog about the finding of honey and its medicinal properties from these ancient days. These Egyptian doctors would certainly be amazed by all the medications and treatments that are available for prescription today.

For some of our clients with permanent injuries, they will need continuing medical treatment and medications. So, we have a life care planner to prepare a future medical care plan to outline what will be needed, and the costs that are associated with the future care. These plans can include many different items and treatments. King Tut’s tomb is a reminder that Egyptian life care plans would have had items like honey, tiny boats and religious shrines for the afterlife plan. A bit different from today.

And for pic o’ day…

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Let’s See What Happens

Tuesday, April 5th, 2016

Have you ever heard anyone say that they are losing weight for their wedding? I have always thought that it should be the opposite.

Why, you ask? Because all those wedding photos are taken and kept forever. My thought? That a person should eat as much and as fast as possible, in an attempt to gain weight for their wedding. Then, when someone looks at their wedding photos years later, they will always say, “you look so much thinner than you did back on your wedding day”. Good idea? Right?

Just my thought for planning for the future.

We just started a competition at the firm. A “Biggest Loser” competition. We got the idea from one of our new employees, who came from an employer where they ran this competition… and it motivated her to lose over 90 pounds. That is truly some serious capital letter successful loss of LB’s.!

We didn’t make participation mandatory… but we did create some “hard-to-ignore” cash and prizes.

So here’s my continuing theme on looking to the future. They had the “secret weigh-in” yesterday. Based on that number, the winner will be determined by the percentage of weight loss.

I’m sure that for the contest weigh-in,  people took out their cellphones; took off their shoes, and tried to weigh as little as possible. I suspect that they were embarrassed to log in their weight to the “weight monitor”.

I remember going to Weight Watchers, where I would go behind this curtain and be weighed. It was a bit like that. No one was calling out my name and weight, thankfully.

This secret weigh-in reminded me of my “eating wedding strategy”. For the weigh-in, why not go to Golden Corral the night before… and then eat a monstrous breakfast. Top that off with some heavy clothing and maybe not just a cellphone, but carry one of those big old home phones in the pocket. Lots of weight. Don’t they do that to horses at the racetrack?

Just a thought! Then, it’s all easy weight loss from there.

My blog picture from yesterday jogged my mind to write this blog today. Plus, every now and then, I hear someone say that they are going to wait to hire a lawyer… after they hear what the adjuster is willing to offer them for their claim. To me, that seems to be the horse and the cart… long after the cart is before the horse… or something like that.

Adjusters probably love to hear that someone will wait until “they see what the adjuster will offer”. That’s because it makes it harder to collect evidence and photos and video, if time has elapsed and things disappear. Cars are repaired and witnesses move away or forget important facts. Plus, police officers who investigate crashes, investigate many more crashes and forget specifics to the case.

What happens at the beginning can influence what happens at the end. So the moral of the story is… here’s an excuse to eat big meals… and it makes it easier for us when we can get busy on a case early!

 

And for pic o’ day…

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