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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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Monday Blog Collection

Sunday, September 9th, 2012

 

I started to put together some possibilities for this Monday blog and it seemed like I was going in several directions. Then, I decided to go in several directions since everything and nothing seemed worthy of a solo subject. That really is a good excuse for what is below.

 

 

 

 

 

I felt like I should just put some randomness with two legal articles. I need to put my mind in a happier place. I am happy for all of those that had winning football games like Skins and Cowboy fans. On the other hand, it was a tough weekend for Colts fans. Just have to force myself to smile.

 

 

OK, now that I have looked at that dog a few times, I can move to a couple of legal thoughts. Some pictures can just get me like that! I hope you’re not counting blog words; I seem to be having a hard time getting to it. Sometimes, I like reciting stories with their sources. So, here goes:

First, a trucking company is now asking the Department of Transportation to add hair testing for truck drivers. Over the last four years, Scheider National has had over 38,000 applicants for their driving positions. Using hair for drug testing determined that 1411 of those applicants failed. They say that it is more effective than other tests and should be adopted federally, so drug users are not operating 80,000 pound trucks down the roadway. Guess for some, that’s the definition of a bad hair day.

Next, The Washington Post reports that tens of thousands of tickets and fines could soon be thrown out, in a lawsuit filed against the small town of Riverdale Park. A class action has been filed that claims that tickets issued from the images of a traffic camera, were approved by two civilian employees of a police department, not by any licensed police officer. It could cost the town millions of dollars in previously paid fines. I guess this time, the police are getting ticketed.

Since I was able to work a couple of legal stories into my “legal blog”, I come to my favorite part: pic o’ day. Is this is what they mean when someone says “a tiger by the tail”?

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Lombardi’s “This is a Football”

Sunday, June 24th, 2012

     Vince Lombardi is remembered as the greatest NFL football coach. In fact, the Championship Super Bowl trophy is named the “Vince Lombardi Trophy”.

Lombardi was also known as a great motivator. His speech “What it Takes to be Number One” is used in sports and in business. It lists principles for the athletic field and the field of life.

Lombardi was known for his toughness. In fact, rookies and veterans alike were known to fear him. To start out every season, he would gather the players around for the first meeting of preseason. There, he would give his famous “This is a Football” speech. A summary of it below comes from Bob Kimbrell’s “Book on Management”.

“All the players knew that at the first team meeting, the legendary coach would waste no time getting straight to the point. Many of the men, half Lombardi’s age and twice his size, were openly fearful, dreading the encounter.

The coach did not disappoint them, and, in fact, delivered his message in one of the great one-liners of all time.

Football in hand, the great coach walked to the front of the room, took several seconds to look over the assemblage in silence, held out the pigskin in front of him, and said, “Gentlemen, this is a football.”

The story goes that Lombardi stressed fundamentals. After holding up the football as though they had never seen one and describing its importance;  He would then take the team out and show them the field. He’d point out the out-of-bounds lines and the end zones. Then, he would remind the players that the football is to go across the end zone line.

Every Monday, the lawyers at the firm get together; and we discuss the fundamentals of handling a case. Every meeting, I learn something.

The courtroom is where the excitement occurs. But, the details of the case come together at the office. Early in the process, you even begin to put your jury instructions together, as the law of the case.

Sometimes, it’s just a good reminder to go through the checklist of the proof of the case; the medical bills and how you are going to deal with the defenses. In those instances of going over the details, it almost  feels like Lombardi is growling, “Gentlemen, this is a football”.

For pic o’ day, I found a picture where someone forgot to focus on the details:

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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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Attention to Early Detail

Sunday, March 11th, 2012

February 4, 2007, millions of football fans watched the Indianapolis Colts beat the Chicago Bears by a score of 29-17,  in Super Bowl XLI. I remember being happy that the Colts won; I was also happy to watch the game on TV.

The game was played in a constant rain downpour from start to finish. Those at the game are probably still trying to get dry.

Most of the articles that were later written about the game noted that the Colts, despite playing all their home games in a perfectly weather controlled dome; were less affected by the weather than the Bears. It was particularly noted that the Colts quarterback, Peyton Manning, was least impacted by the weather.

What fans didn’t know at the time, was the preparation of Manning leading up to that game. All week, meteorologists were predicting that there was a great potential for rain. So Manning and his center, Jeff Saturday, prepared for the rain. Every day after practice that week, leading up to the game; they would spend an extra 15 minutes together after practice.

Manning had asked the equipment manager to provide him with a bucket of water and several footballs. Then, Saturday would snap footballs that had been soaked in the bucket. That routine prepared Manning for that Super Bowl weather. The Bears quarterback could never seem to handle the ball; instead, he looked like he was chasing a greased pig. Manning looked like he was back in the home dome, because of that extra preparation.

This past couple of weeks has brought some unique cases into the Firm. The clients have significant injuries but the facts of the cases are a bit different from basic rear-end crashes. That means that we start looking around every corner for the facts.

When a case initially comes in the door, we begin working on it as though it is going to trial. For instance, one case involves a client that was hurt, because he fell over something at a truckstop gas station. (maybe someday I can get into the real juicy facts) So, we immediately needed investigation to determine all the facts about what caused the client to fall. That included pictures at the scene. One of the basic pieces of investigation included the investigator going to the scene and taking pictures. There he was with his camera, while employees and customers walked around in this busy area.  No one even asked him why he was taking dozens of pictures.

A lot of investigation has already now gone into that case. All before the other side even knows that we represent the client. Preparation now will probably make the difference in this case, two years from now. We don’t want to be caught by surprise by the facts of this case.

I figured this was a good picture to illustrate what happens if we get caught by surprise. Nothing good can happen!

 

For pic 0′ day, I am posting 3 pictures of Roxy, who is owned by Stacey. She was getting ready for a charity event with her “Joel Bieber apparel”.  Go Roxy!

       

 

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Categories : Insurance Law
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Forrest Gump Marketing

Sunday, November 27th, 2011

Bill Gramatica was a kicker from Argentina who signed with the Arizona Cardinals as their field goal kicker. Unlike any other kicker in the NFL, including even his brother Martin, who did his own crazy kicking celebration; Bill would celebrate each successful kick like an absolute leaping wild man. It was almost as though he had never seen a football game before.

In 2001, he lined up for a kick in the first half, against the New York Giants. When it went successfully through the uprights, it gave his team the first score of the game. You would have thought that Bill G had just won the game. He jumped up in the air in a spastic celebration and came crashing to earth on his knee.

His successful kick and celebration caused him to tear his knee ligament. The injury placed him on the injured list for the rest of the year and then he was cut by the team. To this day, he is placed on every “wow that’s dumb” injury.

The football coach for the Jacksonville Jaguars decided to motivate his players to keep at it. So, he brought wood and an ax for a team activity to “keep chopping wood” or to remind them to just keep at it. One of the players got so excited that he swung and missed and chopped at his own leg. Because he was the kicker, it put him out for the rest of the season. Most couldn’t decide whether to blame it on the coach or the kicker.

If you google silly sports injuries or “most embarrassing injuries”, you will find such injuries as a soccer player who got injured when he dropped a bottle of salad dressing on his foot. Another broke his arm when reaching for the remote. One baseball player fell asleep under the tanning bed and was unable to play because of his “sunburn”.

In the movie “Forrest Gump”, Gump admittedly went through life with a slow mind. His mother taught him to work hard, despite his difficulty. So, he would always repeat her saying of “Stupid is as stupid does”.

Sometimes, I think that certain businesses think that we’re all a bunch of Forrest Gumps walking around. The way they advertise is baffling. For instance, I keep seeing the same car ad that tells me that you can basically “name your own price”. Then, in real small print, there are all kinds of exceptions. Basically, it lets them turn down any price you name, after they’ve gotten you to their lot. I had to rewind and stop to see that small print nonsense.

In Federal law, there’s protection for us that is called The Lanham Act. It protects us against false advertising.

The Department of Transportation just fined Spirit Airlines for false advertising. They were advertising $9 one-way fares. To find out if were are any additional fees, they required a potential consumer to click through at least 2 web pages to find out the other fees and charges that were added on the fare. Plus they didn’t list the additional charges in their print advertisements.

I get it that we are supposed to read the fine print. It just shouldn’t be like an Easter Egg hunt to find the real cost of things.

Recent transportation reports indicate that airlines added about 10.2 billion to their bottom lines by adding on fare and baggage charges. Starting January 24, 2012, air carriers will be required to include all government taxes and fees in their advertised fare totals. Maybe we can escape the hiding of the tax, tags or made up dealer freight and set-up. Boarding early or the special tiny luggage bin fee will probably be in sight. They don’t charge that now, do they?

The charges bother me; And, the marketing bothers me. As Forrest Gump said, “That’s about all I have to say about that”.

For pic o’ day, the above makes me feel like we could all use a bit of protection against fraud pricing.

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Deer Love Football

Tuesday, November 8th, 2011

When I took the bar for my Virginia  law license, there was a question  involving deer ownership, in the property questions. It had something to do with a deer in one yard, who jumped into another yard, and then got shot by the first neighbor. After getting shot by the neighbor, it jumped into the third yard and died.

The bar question was “who owns the deer?” The person that shot it? The next neighbor where it was shot? Or, the owner of the yard where the deer landed? Confused by the facts? Yea, me too. Plus, I’m not sure of the right answer. I think the yard where the deer landed.

Enough of bar questions! It gives me the shakes. Instead, I’m posting a video of a deer that went to Taco Mac in Georgia. You can see it run in and around. Then, they show some other camera angles from the security cameras, that show the fans getting a bit excited.

If the deer had hurt someone, would Taco Mac be responsible. My answer would be a No.  Who would ever think that deer enjoy football? Not foreseeable! I’m guessing the deer did not stay around when he saw the it was the Colts playing the Falcons. (literary license there)

Pic O’ Day is a picture that my relatives sent from Pennsylvania. It looks like this has a real eye for pears or apples.

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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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Lawyers and the NFL Lockout

Monday, May 9th, 2011
     I doubt that I need to comment on what the public thinks of lawyers. In fact, I am always amazed that some lawyers seem a bit befuddled by it. Really, it’s not a mystery.
     Below is Fran Tarkenton’s assessment of lawyers. Tarkenton is one of the old, great quarterbacks of yesteryear.    He believes that if you could get the lawyers out of the process, that the NFL owners and the players would be able to settle their lockout. Maybe, he thinks that an old fashioned “arm rasslin’” would do the trick. Anyway, here are his “anti-lawyer” thoughts. 
     
 
     “I’m really emotional about this,” Tarkenton said. “With everything going on in the world, we’ve got the tragedy in Japan and what’s happening in all the Middle East when all these people are wanting freedom, and it’s a wonderful thing. And here we have the most successful sports franchise in the world, the National Football League, we don’t want to give this up. And we understand in professional football, teams win, individuals don’t.
     And it’s time for these owners and time for these players to sit down together, get the lawyers out of the [room], lawyers don’t help things. Lawyers muck up things. Lawyers cause problems, lawyers in divorce suits, they don’t help the people get back together. And we need to get real people, get the lawyers out of the negotiating room, stop the lawsuits, and let’s get real people, owners and players, who are partners in all this, let’s let them get together and get this thing solved now rather than later.
 

 

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Angry Danny Snyder

Monday, February 7th, 2011

A Seinfeld episode in 2004 became “talked about” TV because the subject matter dealt with discrimination. It was known as the Anti-Dentite episode. Kramer accused Jerry of being a rabid anti-dentite. That’s someone who is discriminating against dentists. The script of the show included the following:

So you won’t believe what happened with Whatley today. It got back to him that I made this little dentist joke and he got all offended. Those people can be so touchy.
KRAMER: Those people, listen to yourself.
JERRY: What?
KRAMER: You think that dentists are so different from me and you? They came to this country just like everybody else, in search of a dream.
JERRY: Kramer, he’s just a dentist.
KRAMER: Yeah, and you’re an anti-dentite.

JERRY: I am not an anti-dentite!
KRAMER: You’re a rabid anti-dentite! Oh, it starts with a few jokes and some slurs. “Hey, denty!” Next thing you know you’re saying they should have their own schools.
JERRY: They do have their own schools!
KRAMER: Yeah!….

The reason behind the Seinfeld episode was obviously humor. However, it also was a message that not everything is done as an attack, with discrimination being the reason. Disagreement doesn’t have to be discrimination.

Washington Redskins owner Daniel Snyder would probably differ with that last statement. That’s because He has filed suit (copy of lawsuit) against the “Washington City Paper”, claiming that they defamed him and made anti-Semitic references, based on the picture above, that they included in the story.

Snyder filed suit for 2 million, plus damages, and claimed (story) that the drawing of the facial hair and horns, were an attack on his Jewish heritage, and that the story was “lies, half-truths, innuendo and anti-Semitic imagery (the picture) to smear, malign, defame and slander Snyder”.

The orginal article in the “Washington City Paper” (attached here), outlined many “hilarious or heinous deeds” (per the article) that they claim are things that occurred by the way that Snyder has conducted business in many of his dealings with the Redskins, and his other business.

As to these “deeds”, the newspaper says that “we believe that we have the facts right”. As to the photo, they say that it was meant to “resemble the type of scribbling that teenagers everywhere have been using to deface photos for years.”

The newspaper’s response to the lawsuit, set forth by editor Amy Austin, (Here) is too long for the blog, but also full of nuggets, like the original article.

Some of the allegations that are set forth in the original article that has brought the lawsuit, include Snyder selling peanuts at the stadium, that had a bankrupt airlines name on them. That’s not too serious, except that the airline, Independence Air, had been bankrupt for a year and peanuts are supposedly not to be kept in those containers, for more than 3 months.

Another, to give you a taste of the story, is the reaction of Health officials, when they learned that Snyder had been selling beer in the restrooms. Snyder allegedly sold 9/11 caps for profit, which amounted to a Redskin Hat with “commemorate September 11″ on the side of the hat. No other team did that for profit or otherwise. It was also noted that Snyder had added a $4 “security surcharge” to the tickets, following the 9/11 attacks.

This Snyder lawsuit appears to be brought to make the newspaper spend a lot of money, to defend the case. I’m surprised that, in his probable vindictive motive,  Danny would be bringing all his business dealings to the courtroom. Plus, already, there are Snyder enemies who are raising a defense fund for the paper.

 Throughout this blog, my tone is questioning the reason to bring the lawsuit. Of course, I also have to question the venue, where Snyder filed this suit. It’s filed in New York and my guess is that, there probably aren’t a lot of Redskins’ fans in that area.

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Categories : Current Affairs, Sports
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