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Geico Musicians

Monday, April 1st, 2013

     I admit that I laugh at some insurance commercials. Others just make me sneer. For instance, I always laugh when Allstate’s Mayhem falls through the roof or slaps against a car. It doesn’t matter to me that Allstate might not be a treat to negotiate with on a claim.

     When it comes to Geico ads, I admit that I really don’t find any of them that funny. Well, maybe a pig on a plane might be unusual. Other than that, the ads don’t grab me. I am fascinated that they originate from an agency in Richmond, Virginia.

     A recent campaign includes two men playing musical instruments. They comment on Eddie Money running a travel agency or a muscle man directing traffic. Come to think of it, I do like the lion named Carl, who is being watched by two antelopes with night vision goggles… but I digress.

     I saw a New York Times advertising column discuss those musicians.  Stuart Elliot answered who they are and whether they really are musicians. Since it involves advertising and insurance, I thought that his answer serves as a curious look behind the advertising scenes. Here’s what he said, 

A. The commercials for Geico, dear reader, are part of a campaign that began in July, says Theresa Dunn, a spokeswoman at the agency that creates the campaign, the Martin Agency in Richmond, Va., part of the Interpublic Group of Companies.

The musicians are actual musicians, Ms. Dunn says. One, who portrays Ronnie the mandolin player, is Alex Harvey, a music teacher from Brooklyn “who happened to get cast in an acting role,” she adds.

The other, who portrays Jimmy the guitar player, “is an actor who just happens to play the guitar,” Ms. Dunn says. More information about him can be found here: http://www.timothyryancole.com/#!productions/c1edo

 

     And for pic o’ day, my Mom sent one from the basketball court this weekend. Well, maybe not really from the court.

Final 4

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Jose Canseco on Resolutions

Thursday, January 3rd, 2013

One last blog on resolutions in the New Year. So far, I am doing great on mine!!!! Well, almost.

Jose Canseco is known for playing baseball; playing baseball on steroids and writing about it; and among many other things: boxing very poorly, dating Madonna many years ago and going bankrupt,  despite trying to auction off an “opportunity” to “spend the day with Jose”.

I list that description in case you don’t know who he is or really could care less to click on his link to Wikipedia. The reason he is relevant to a blog on resolutions is because he just tweeted out his resolutions for the new year. I am posting them because it may give you some ideas on resolutions or ideas to make sure these are never your resolutions. Here they are from an article at nbcsports.com. Even the spelling and capitalization miss the mark:

 

1. spend more time with my daughter
2. get stronger and fitter
3. help people who are getting screwed wherever i can
4. return to pro baseball as player or manager and have dinners with McGwire, La Russa, Bonds, and Selig.
5. Fight Shaq in MMA cage match
5. develop and launch Ponce de CAnseco a real anti aging drink
6. Get elected to a important political office in the U.S. or canada to help all people and governments with there problems
7. Become a world class entreprenur and found at least two great companies that make peoples lives better and funner
8. Write a third book and do a move deal for Juiced!
9. Do at least 100 promotional deals for good companies and products like Animal Rights, Human health, Environmental, and Beer companies
10. Use position as A List entertainer doing reality, TV, movies, blogs, columns, appearances to be able to do more charity.

Yep, if this is your first time to my legal blog… welcome!!!! Somewhere in there is something connected to legal, Right?

For pic o’ day, just like Canseco resolutions, I went with one from Holiday photos gone wrong:

 

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Control in your Control

Monday, November 26th, 2012

     Sports Illustrated’s  story on the Michigan/Ohio State football game on Saturday, included a life lesson reminder.

     It was the 109th football game between these two rivals. When new football coach Urban Meyer took the Ohio State coaching job this year, he knew that it would be difficult. Ohio State was on probation and could not participate in any bowl games or be considered in the college rankings for a national championship.(Bowl Championship Series) He also knew that it was his job to always “beat the team from the north”… Michigan.

     At halftime of Saturday’s game, Ohio State honored its only national championship team, the 2002 team. Coincidentally, that meant that in honoring that team, they were also honoring former coach Jim Tressel.  His actions and omissions are credited for the current team probation.

     The game result: Ohio State beat Michigan 26-21 and finished with a perfect 12-0 record. Because of probation, it is their last game this year. At halftime, Tressel had received a standing ovation for the 2002 season, Then, he was even hoisted on his former players’ shoulders.

     After the game, the current athletic director was asked whether he had ever seen someone receive a standing ovation where they might have been responsible for costing that team a possible chance at a current national championship. “I’ll let you talk about that”, was what AD Gene Smith told the reporter.

     When Coach Urban Meyer was asked about his thoughts on missing out on the championship and the standing ovation of Tressel he  replied, “Sure I’m going to wonder. But I think … the lesson I learned is that I’m not going to try and control what I can’t control”.

     In my practice, I see that lesson in effect. I just spoke to a client about a current settlement offer. He advised me to take the offer and said that he wasn’t going to look back at why it happened; he was going to settle his case and look forward.

     That also reminded me of the Prayer credited to theologian Reinhold Niebuhr that is now titled the ”Serenity Prayer”. “Lord grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference”.

     And for pic o’ day, how about some relaxation!

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Rules of Court and Field

Tuesday, September 25th, 2012

In every jury trial, the Judge will read the law of the case. The jury is “instructed” on how to view the evidence, based on law.

In Virginia, it is very difficult to get a verdict for punitive damages. Lawyers have to meet certain burdens of proof to even get that issue to the jury. Then, Virginia has a cap of $350,000 for punishment damages. That means that a company can do business in Virginia and know that no matter how vicious or mean their conduct might be, they still will only have to pay a maximum of $350,000.

While a cap on punishment damges  is bad for the protection of Virginia residents, it’s good for companies who know that they can color outside the lines with little penalty.

In law and in sports, we are all supposed to play by the rules. In the NFL, it seems that the replacement referees are not enforcing rules very consistently. Anarchy seems now to reign.

When companies are reckless, it irritates me that there are not real rules to make them pay. Amy sent me the following picture that sums up the application of rules in football right now. We all need fair rules applied!

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Fault versus Responsibility

Wednesday, August 22nd, 2012

Major league baseball pitcher, Bartolo Colon, was just suspended (ESPN article) for 50 games, after testing positive  for a performance-enhancing substance.  Baseball decided a couple of years ago that it was no longer going to turn a blind eye to steroids, human-growth hormone and other drugs.

When it was announced that Colon had tested positive for a banned substance, he or his agent released the following statement on his behalf, ” I apologize to the fans, to my teammates and to the Oakland A’s” (his team)

When I saw this story and the statement, I wondered why he was apologizing. For the last couple of years, there were rumors about him unfairly competing. Now, baseball has confirmed those rumors. Is he sorry that he took banned drugs/substances or is he sorry that he got caught? Was he sorry the day before he got caught.

For every lawsuit that I file, I receive an answer to the suit.  Almost always, the answer is filed by the defense attorney that has been hired by the insurance company. In that answer, they deny everything except that there was an accident. Then, on the day of trial or a couple of days before, I usually am told by the defense that  ”they are admitting liability”.

Although they admit liability, they then attack my client about injuries and treatment. Recently, I asked a defendant if he was at fault for the crash. Like clockwork, he said that he accepted responsibility for his actions. I then followed up with, “So you accept responsibility for the injuries that you caused my client?”  He hesitated, looked over at his attorney at counsel table and then blurted out, “oh no, that’s not what I meant”.

Whether it’s the real world, baseball or from a car accident, getting caught doesn’t usaully mean “I’m sorry and I’m responsible”.  I suppose that will never change.

For pic o’ day, this pup just realized that Vet doesn’t mean what he thought they were saying:

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Kill The Head

Tuesday, April 10th, 2012

If you follow football or watch ESPN for more than a minute per day; you probably heard the pregame “motivational speech” that the defensive coordinator for the Saints,  gave to his defense before the NFC championship game against the San Francisco 49ers.

Just by happenstance, a man making a documentary was recording when Coach Williams said in part, the following, “We’ve got to do everything in the world to make sure we kill Frank Gore’s head. We want him running sideways. We want his head sideways. Every single one of you, before you get off the pile, affect the head. Early, affect the head. Continue tough and hit the head.”

In print it looks bad. If you heard it, you know that it sounded monotone and cold;  like some serial killer. Some have defended it.  Others, like Hall-of-fame quarterback Fran Tarkenton, have said that Williams should face criminal charges.

It was a speech that addressed attacking a man to give him a head injury. The other part of the speech included going after a player’s knee and also injuring their quarterback.

Some defensive players have tried to provide some defense that includes that he really didn’t mean it. Intentionally injuring someone is just hyperbole for the violence of football.  These are probably the same people that listen to Jim Nance announce the Masters as though everything in the present is actually history; and they conclude that it’s all historical. Living in fantasy. (I just wanted to throw something in about the Masters. I did want one man to move because he was blocking my golf course view with his stomach. Yep, no pictures because no cell phones, and now I know why!)

When I heard this speech, it made me think about practicing law a bit. Recently, we have had some cases continued because there were no judges available.

The Virginia General Assembly just entered into a compromise state budget that supposedly includes money for filling 23 trial court judge positions. Unfortunately, that’s only a start.

When someone says that they want their day in court, they usually don’t think of how it will happen. Our case in two weeks has been set for almost a year. Experts from out of state and in state have been retained and they have their schedules set to come to trial. Unfortunately, most of those retainers are non-refundable and will have to be paid again for the next trial setting.

It really is a good strategy for insurance companies, lobbyists and wrongdoers. You don’t always have to donate to campaigns or causes on a large scale; just target a few on such committees as the Appropriations committee or Finance to fight funding. If there are no judges to hear the cases and no one gets appointed, then cases take longer to get to court.

Sometimes I use my blog for personal venting. Forgive me for some venting. In legal terms, one way to “Kill the Head” is  to make sure that there is no funding. No Judges… No trials. Kills Justice.

For pic o’ day, I went with two. When you take a bit of vacation and come back; sometimes it makes you wonder why you would ever leave. I thought I would find some pictures about “being busy” and these made me laugh.

   

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Fitness for $200 Alex

Wednesday, February 8th, 2012

The game of Jeopardy always pulls me in. It’s not destination television for me;  But, if I happen to see it on TV, I can’t help it, I start playing along.

I guess it wouldn’t surprise you to find that there’s a ” top 1o most memorable moments” for Jeopardy. (see, I always do this to myself. This wasn’t really supposed to be a blog about Jeopardy) I was a bit  surprised that one of those moments was Alex Trebek took the stage with a suit…. but without the pants, to “relieve the tension” of the players. Yes, I’m not sure where to go from there for the blog… so drive home safely…..  But I digress, we march on.

In many of my cases, the client will bring in a receipt for a gym membership. The defense attorney usually tries to attack or make fun of exercise. Numerous times I’ve heard , “Sure, we all would like to have someone pay for our gym membership”.

In those cases, a doctor usually has prescribed the membership and has also directed home exercises. It’s a situation where I can just advise the jury of the expense, and tell them that they  can consider or throw it out, when determining their verdict. A doctor may testify to it as well. In a claim, it’s usually a very small expense in a big medical expense  case.

Some employers give employees a gym membership as part of their pay package.  We do have a small health program that includes an office competition,  but we’re not quite to that gym benefit level yet. (Future Goals)

In Virginia Beach, a story popped up a couple of years ago involving their Public Works Director. Periodically, I would google it to see if there had been any follow-up stories.

If we were playing Jeopardy, someone would probably say, “I’ll take  the “category Fitness Man for $200 Alex”.  It all started because in 2007, Virginia Beach included a $200 fitness payment package, as part of employee benefits.

In 2010, the Princess Anne Recreation Center staff became suspicious of a well-dressed man who never seemed to break a sweat,  as he would come and go. When they scanned his card, he wasn’t carrying a gym bag. Now eyebrows were being raised. They did notice that this man in suit and tie would sometimes head right for the game room.

After investigation of the “suited workout man”, it was determined that this Public Works Director was abusing the city’s Fitness Incentive Tracking (FIT) program, because surveillance video showed that he was “in the game room…played a game of pool; not in workout clothes”.

The City Auditor determined that this Director was no longer entitled to his bonus workout benefit, for using free city facilities and turning in his attendance to receive his FIT benefit for paycheck credit. After investigation, the deputy city manager told the newspaper reporter that “I cannot substantiate that (Director name) willingly and deceitfully circumvented the FIT program”.

Maybe he did think that FIT could include POOL  in the game room. I did look google the VB employee and it shows that he is still Director of Public Works in Virginia Beach; even after an auditor’s report called for him to be fired.

I hesitated to write this blog because I don’t know him. I suspect that this was just a small item in his public service. That’s why I didn’t name him in the blog. The blog attachments provide more substantive information.

When I saw this article back then, it made me think of  my clients who really do workout and are just trying to get better from the crash. I guess defense attorneys are less apt to question pain pills than someone exercising. Again, that’s why I count on the jury!

And for pic o” day I thought I would post one of the collection of unusual family photos, from the Internet. Also a good reminder that we should all keep working out!

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SF Giants’ Giant Embezzlement

Wednesday, August 31st, 2011

     If you’re a baseball fan; and that number is dwindling daily, you know that the San Francisco Giants were World Series Champions last year. The old saying goes something like “to the victor, goes the spoils”. A Giants’ employee decided to take entitlement to a different level. 

     A former payroll manager for the team has been arrested for stealing more than 1.5 million from the baseball club’s employees and  players.  According to her original pay agreement, she was to be paid $80,000 per year and was eligible for bonuses.

     The Giants became aware of her suspicious activities when Bank of America notified them that she had recently applied for a loan. The application included a letter on team stationary, that indicated that she had recently received bonuses  in amounts of $100,090 and $200,348,  because she had “assisted us in accomplishing our goal of wnning the 2010 World Series”.

     A couple of oddities about this story. Once the team confronted her about this information, she did admit to taking  money that she was not entitled to take. She admitted to about $750,000 in improper deposits. When the team did the internal audit, it was determined that she had taken more than twice that amount.   Now, did she really not realize how much she had stolen; or, did she figure “what’s another 750K among friends”?   Why not just “fess up fully?”

     The letter to Bank of America had listed a contact and phone number to call, to verify those bonuses. The number rang to her desk phone but listed a false name as human resources manager. I guess she was going to be “clued in” if they asked to speak to Leo D. Lyon, or whatever name she used.

     The other unique tidbit about this story is how she responded to a local TV reporter’s call. Instead of calling back; she posted the following response on her Facebook account, which shows the  times in which we live regarding  information exchange. Here’s part of her post:

     “I really want to speak about this, but I am not allowed to do this as part of an aggreement that I have at the moment….. I am sure that you have come to realize in your profession, all is not always as it appears…… Lastly I do understand why you are doing this and have no hard feelings”.

     When I read the story and that final post, I think that I was equally bothered by both. Plus, did she really think that Bank of America would think that she had someone really helped the Giants win the World Series? I’ll try to post a follow-up blog,  when her embezzlement charges come up for trial.  Her agreement not to talk? That’s ”on Mars” talk.  No hard feelings? 

     Here’s pic o’ day to get my mind off that. Someone who deserves a bonus for hard work.

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A March Madness Trademark

Wednesday, May 18th, 2011

      Shakespeare said,  ”love is merely a madness, and, I tell you, deserves as well a dark house and a whip as madmen do.”

     I didn’t remember this exact quote but part of it came to mind when I read that the NCAA has now trademarked the term “March Madness”,  for its annual college basketball tournament, to the championship.

     A few years back, I remember going to a TV station to cut local spots that were to air during the Sunday afternoon, leading up to the Super Bowl. They immediately told me, in almost hushed tones, that I couldn’t use the term “Super Bowl” because it had been trademarked.

     Instead, I had to refer to “The Big Game” or “Sunday’s Pro Football Championship”.  I admittedly just didn’t get it. Instead of those quotes, I just wanted to say, “what in the world”.     Now that I see the trademark of “March Madness”, it makes me look at what it might mean. 

     There was a sports marketing company named Intersport, who had the original foresight to trademark the name. Last October, the NCAA paid Intersport a sum of 17.2 Million dollars for sole ownership of the trademark. Yep, you read that correctly.

     It just shows how big the money is in marketing, when it comes to sports. Plus, when the NCAA argues against students getting nothing but scholarships for playing, at least they can’t say that their argument is based in any financial logic.

     The NCAA looks at this purchase as an investment. To them, they will now collect royalties for the use of “”March Madness”. If someone is advertising the “March Madness slam dunk competition” or “The March Madness Video game”, they better get ready to get the check in the mail.

     This blog makes you want to put your thinking cap on. Instead of working harder, it’s a reminder that we need to just work smarter. How about sending me an idea that we can trademark and then sell. Maybe something like “Let’s Google that” or “Can you go Xerox this blog for me”. What ….. No, we’re too late?

     Well, I guess time will tell whether the NCAA is filled with men like those described by Shakespeare; Or,  are they sly like a fox. (hey?… no, guess that’s taken already) or strong like an ox. I could just keep em’ coming.

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NFL Helmets and Concussions

Tuesday, May 10th, 2011

     I was in the middle of a brain injury case. It was a jury trial in South Carolina. The defense had their defense witness on the stand, testifying about my client’s injuries and resulting problems.

     This was the kind of doctor that had an answer for everything. He bills for medical reviews, based on how many records he reviews. That’s not that unusual, until you ask him to describe the billing practice. “I put the medical records in a pile; put a ruler next to the pile and bill by the inch”. The jury leaned forward a bit there.

     His basis for testimony that my client couldn’t have any long term effects from the crash, was compared to  his knowledge of high school football. He looked at the jury and smirked, “you know how it works out there; a football player might ‘have his bell rung’ but that doesn’t mean that he can’t play next week”.

     That testimony was back in 2004. Since that time, the public awareness of brain injuries has become more prevalent. Almost everyone has seen a news story on it and most football fans can probably  even discuss a football player that still suffers from a head injury during their career.  

     If you get the new PlayStation Madden 2011 football game, it even has players suffering concussions. Then, they are unable to play the following week. It’s make believe but it’s based on our growing knowledge of head injuries.

     Sports Illustrated is also reporting on a Virginia Tech study of NFL football helmets. According to the study just released by a professor of biomedical engineering at the college, Stefan Duma; 40% of NFL players last year, wore a helmet model that got the second lowest rating for reducing the risk of concussions.

     More attention is being paid to prevention. More players are now aware of recovery issues and long term effects. No longer is it considered a badge of honor to dust yourself off and run back in the game. Then later, brag about the fact that you played and can’t even remember really being out there.

     In jury trials, juries are now in possession of more common knowledge about the long term effects of brain injury. No longer can a defense lawyer simply pay someone to come in and testify. Well, they still might pay them to testify but it doesn’t mean that what they say carries a lot weight anymore.

     I remember hearing the illustration about the Hubble Telescope.  When it first was carried into orbit in 1990, it captured clusters and galaxies that we never knew existed. Just because we had never seen all that amazing astronomy did not mean that it was not there. We just did not have the technology to see and understand.

     In brain injuries, there is more research that helps us understand the problems and solutions of head injuries and concussions. Even better equipment for NFL players is being explored. It’s understanding and then finding solutions. Meanwhile, these defense doctors will have to come up with different testimony, if they want to keep getting paid by the defense.  Maybe the next defense will be,  ”you see it but it’s not really there”.

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