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Archive for General Law

Political History

Tuesday, July 28th, 2015

It seems that we are already getting bombarded with a lot of Presidential politics on the airways. Television reps have already warned us about our TV spots getting bumped for political ads. And, the presidential candidate debates are about to start. We are entering the political crazy season. And to think… this is how our laws get made.

That brings me to a bit of political/presidential history. There have been four instances where our U.S. Presidents have been related.

Second president John Adams and eighth president John Quincy Adams were father and son.  Ninth president William Henry Harrison was related to our twenty-third president, Benjamin Harrison. They were grandfather and grandson.

Theodore Roosevelt and Franklin Delano Roosevelt were cousins. And, of course, you remember the history of our 41st and 43rd presidents…. George H.W. and George W. Bush. Now, will Jeb Bush or Hilary Clinton be added to the family tree?

Does that last sentence make you look like this?


And for pic o’ day, here’s keeping it simple…


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Old Courthouse in St. Louis

Thursday, July 16th, 2015

A bit of Courthouse history. Last week, attorney Kim Raab attended a meeting in St. Louis, Missouri. While she was there, she toured the Old St. Louis County Courthouse that was once considered Missouri’s tallest habitable building between the years of 1864-1894.

While inside, she took these pictures and emailed them.






This Courthouse was the place of the famous Dred Scott case. In 1846, slave Dred Scott filed suit to seek freedom for he and his wife. They had been held as slaves in free states. The case was ultimately decided by the U.S. Supreme Court in 1857 (Dred Scott v. Sandford) . The Court ruled against the Scotts with a finding that, as slaves, the Scotts did not have standing as citizens to sue for their freedom.

Kim sent also took a picture of the instructions that are hanging in the Courthouse. It indicates how Judge Hamilton would have instructed the jury on the law:


And for pic o’ day…


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The July 1 Laws

Tuesday, June 30th, 2015

July 1st is the day that new laws  go into effect that were enacted by the Virginia General Assembly in this past session. Drivers can now legally cross over double yellow lines to pass pedestrians and bicyclists safely.

In the state of Virginia, farmers can now grow industrial hemp as part of a university research program. Do you think that means that college professors will research whether their students pay attention… while smoking “the ganga”?

Employers cannot ask employees or prospective employees for the username and passwords of their personal accounts.

Bicycles and mopeds are now included in the list of vehicles under the law that governs being ticketed for following a vehicle too closely.6

Here’s one that students should appreciate. Virginia is now reducing the number of standardized tests administered to elementary and middle schools students. There used to be 22 tests given. Now… 17.

And here’s one for the wild. Sunday is no longer a day of rest for wild birds and animals. That law is now repealed and Sunday hunting is now permitted. I guess that means that we need to get the word out to those birds and animals. Perhaps we should stand next to those signs that show where deer know to cross the road.

One last one that impacts the pocketbook. As of midnight, we are now paying 5 cents more per gallon on our gas. Doesn’t taxation feel special! Thanks Governor.

And for pic o’ day, here’s some Wednesday cat dancing:


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Half of Everything

Tuesday, June 23rd, 2015

Sometimes I receive a news article in my in-box that is “right-on-point” blog material. It even includes its own pic o’s for illustrations!  (that’s pictures for first time blog readers) So, here’s what I found.

From CNBC comes the story of a bad divorce. This man from Germany posted a video of how he decided to fairly give his wife one-half of everything they own. So, he decided to cut everything in half. Thankfully, there were no children!

First, their car:


Then their joint cellphone:


Then the couch:


And the bike:


And their bed:


The landline home phone:


Their laptop:


And finally…. the teddy bear


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Sideburns and Swimsuits

Monday, June 22nd, 2015

I can tell that summer is here. I wrote a Friday blog that I forgot to post and all weekend, our email was down. So, I am late posting the blog this morning. However…

It’s Monday and we are full steam into the steam! So, I thought I would give you some history… of the sideburn and the swimsuit. It reminded me (ok… google reminded me when I did a search) of Greek Philosopher Heraclitus who said that, “The only thing that is constant is change!”

Which leads me to our first historical part of the blog that combines a bit of war, leadership… and a horrible hairstyle look!

First we have Civil War General Ambrose Burnside. He coined the phrase sideburn. Wow!


Which leads us to controversy in history. This is Annette Kellerman in 1907, who was arrested for indecency after showing up at the beach with this fitted one-piece bathing suit.


Yes… laws have changed.

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More Crazy: Laws

Wednesday, June 17th, 2015

Sometimes I just pull out the list of archaic laws that are still on the books in various states for a “head-shaking” moment. In Virginia, I can look at the legislative comments for some of our laws, to get a hint on the intent of  the legislation as it headed for vote to become law.

For these laws below, I cannot see an explanation… that could ever explain these.

In Maryland, it is still against the law for lions to attend the theatre. I don’t know the reason, but it is a relief for theatre attendees.

In Nevada, you cannot drive camels on the highway. I guess gas consumption is encouraged?

In Rhode Island, it is against the law to throw pickle juice at a trolley. I think that should be adopted for all traffic!

In Washington State, it is against the law to represent that your parents are rich. I suspect this has something to do with banking.

And finally for today’s blog… In New Jersey, it is against the law to slurp your soup. There probably is some food joke that should be inserted here involving Governor Christie, but I will leave him alone today.

And finally for pic o’ day, how about some poetry?


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Pond or Pool Payment

Monday, June 8th, 2015

I just saw an opinion out of the Iowa Court of Appeals that reminded me of a personal experience. In that Iowa case (Reilly Construction Co. V. Bachelder, Inc), a property owner and a construction company were arguing over a contract issue.

At issue was whether the property owner owed money to the construction company for a ‘pond” that had been constructed in the backyard. The company was looking for payment while the property owner refused to pay. The property owner claimed that construction of a pond must include water. The company claimed that construction  of a pond just meant digging an area that would hold water. “Here’s your pond”.

Justice Mary Tabor wrote the majority opinion that stated, “By definition, a pond is a body of water” and that the pond was not built unless it included water. So,  no payment was due until the pond… was a pond!

My personal experience takes me back several years, when I decided to install a pool in the back of my house. I called the pool installation company, who quickly sent out a salesman with a contract.

The contract provided a 20% deposit of the purchase price for the pool, and the remainder of the balance was due when the pool was filled with water. The salesman predicted that the pool would be complete in about 8 weeks and that my backyard would look like a construction site until then.

I took  a deep breath and wrote the deposit check. In two days, a bulldozer was out there and my backyard looked like a scary mud pit. Three days later, it still looked like a scary work area except that there was a hole in the middle… with water in it.

I received a phone call that night from the salesman who asked if he could come by and get his check. Their explanation was basically like the pond case. Water meant completion for money… not completion of pool for money.

What do you think that I did? Well, you know what I did! And several weeks later, the company received the remainder of the payment. It wasn’t a very good experience but I had a pool.

At the time, my Jack Russell didn’t care that the pool was finished. The dog saw water and was in it. By that test, the pool was finished in 6 days. Of course, I think that she enjoyed the mud pit too.


And our pic o’ day is on leadership… or lack of leadership!


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A Name and a Number Lawsuit

Monday, June 8th, 2015

Here comes news from the Supreme Court… of China. Never thought I would be blogging on that Court, but it involves Michael Jordan. It’s a lawsuit about his name and the number that he used when he played NBA basketball.

Here’s what Reuters reported:

Earlier this year, a court ruled in favor of Qiaodan over the trademark dispute, a ruling that was upheld by the Beijing Municipal High People’s Court, an official at the Chinese firm and legal representatives for Jordan told Reuters.

“In light of the trademark dispute ruling, we intend to appeal to the Supreme People’s Court for retrial,” the statement said, adding that a separate case with Qiaodan Sports over naming rights was still ongoing.

Reuters could not reach the Beijing court for comment. In 2013, the state-run Xinhua news agency said Qiaodan Sports had sued Michael Jordan for damaging its reputation and demanded $8 million (£5 million) in compensation.

Basically what Jordan is claiming is that a sports company named Qiaodan Sports has built its business around the number “23″ and his name, without his permission. As the report indicates… he previously lost in the Beijing Municipal Court. The 2013 suit brought by Qiaodan against Jordan for damaging their reputation is still ongoing.

All I know, China seems like a long drive from here. I’m glad I don’t have to handle that fight!
“They say a person needs just three things to be truly happy in this world: someone to love, something to do, and something to hope for.”
― Tom Bodett


And for pic o’ day… these are probably reruns but they both make me smile. Good for a Monday!


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A Case in Progress

Tuesday, June 2nd, 2015

I cannot remember the last time that I specifically blogged about a case that our firm is currently handling. Sometimes I will discuss a jury verdict. Most of the time I just discuss cases or legal issues that I see in the news.

I just saw one of our cases being reported about in So, today’s blog is about one of our current cases.

Admittedly, I am attaching as the blog because it was a story that grabbed my attention before I realized it was our case.

Second, this is a lazy way of blogging by just attaching a reporter’s story. And third, the reporter lifted information right from the filed pleading that attorney Geoff Glick drafted. So, it’s interesting to me, to see the case through the eyes of the reporter.

If you want to read the specific article, then click at the attachment above. Below, I have attached the summary that the Virginia Trial Lawyers sent to all of its members summarizing cases that are in the news. Reading it is a lot quicker than clicking the whole article above!

A Virginia woman who was involved in a crash after she took a type of Ambien and then drove a vehicle has filed a lawsuit against the city of Virginia Beach and one of its employees. The lawsuit was filed in Circuit Court and alleges that the woman was under the influence of her prescribed medication, which she believed she took properly, when she crashed into the back of another vehicle. The plaintiff and a 4-year-old passenger were injured in the accident.  After the accident, the plaintiff was convicted of driving while intoxicated. The medication is known to cause “sleep driving,” sleep walking and memory loss, according to the lawsuit.

And for pic o’ day, these two cartoons are nonsense!



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A Malpractice Claim

Monday, June 1st, 2015 reports a story that also serves as a reminder about the difficulties of medical malpractice cases.

A  7-year-old girl from North Carolina traveled to the Sewells Point Branch Medical Clinic in Norfolk for treatment. She had pinched her left thumb in a car door. The family thought that she just needed stitches.

The medical staff treated her with a nerve block and sutures. Before leaving the clinic, they also applied a compression wrap manufactured by 3M Health Care.

The girl went home with her parents. The next day she complained that the wrap was too tight; So her mother removed it and replaced it with a gauze dressing.

The family returned back to the clinic on three occasions over the next few days,  for three consecutive days of treatment. Finally, the doctor diagnosed the girl with “necrosis of the pulp” and amputated the thumb.

According to the reporter, the lawsuit that was filed claimed that the compression wrap tourniquet caused the necrosis and subsequent amputation. The defense claimed that many things could have caused the amputation including the original car door injury.

Part of the girl’s claim relates to the mental anguish. She says that “girls are mean” at school. “They use it against her”. She’s tired of explaining about how she lost her thumb.

So, she has tried to make up a “tough” story of how she lost her thumb. Sometimes she will say that it was bitten off by a wolf or piranhas.

She is now eleven, so this lawsuit has been dragging on for 4 years. She also believes that it has affected what she wanted to do in the future. Her hope was to join the military and become a corpsman. That’s because her grandfather was a Vietnam veteran.

Since the thumb was to her dominant left hand, she has also had to now learn to write with her right hand.

What do you think was the settlement payment for this claim?……… $125,000.

It’s not a case that I have personal knowledge regarding any of the facts, nor have I looked at the pleadings. However, it’s real life. The difficulties of successfully proving a malpractice claim with  a worthy recovery.

After that story it’s hard to even post a pic o’ day, but I need something to make me smile…


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