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Some Trump and Rump

Wednesday, May 22nd, 2013

     This is a blog of two stories. I was just told that “you can’t title your blog with that!”.  Am I being rebellious as we get closer to a long weekend?  Well, I could blog on how good the new “Special K Popcorn Chips” taste, but that does not qualify as legal blogging. Instead, here is my defense for the blog title… the news.

     First to Donald Trump. The Chicago Sun-Times reports that Trump stood in the lobby of the Dirksen Federal building last week and verbally attacked an 87-year-old Chicago woman. She has filed suit against Trump, claiming that he ripped her off when he sold her two $1 million dollar condo units in Trump Tower.

     Earlier in court, Trump and the lady’s lawyer had gotten into verbal sparring matches that included the Judge becoming so exasperated that she finally interrupted both of them and admonished them by saying, “You’ve got to stop it. Do you think the jury likes this?” Then, the Judge added, “If you think the jury likes it, I can assure you they don’t. You’re wasting your time.”

     The plaintiff, Jackie Goldberg, claims that Trump deliberately misled her when he promised her a cut of the profits from the Tump International Hotel’s two ballrooms and catering business,  if she bought both condos. She then claims that he snatched back control of the ballrooms after she had signed the deal and paid her deposit.

     In the lobby later, Trump had lowered his tone but went on to attack the plaintiff by telling reporters that his opponent is a “sophisticated investor” and that “She owes me $500,000 and is just using the ballroom as a ruse to get her money back. She’s trying to rip me off, she really is.”   

     Trump claims that “Nobody that I’ve ever seen has ever played the age card better than her. She knows everything that’s going on and it’s disgraceful”.

     Goldberg’s lawyer claims that “she comes from a different era when people like Donald Trump didn’t exist. She comes from an era when a deal was a deal”. Trump has testified. Ms. Goldberg’s testimony is to follow. It sounds like he has met his match!

     And to the final story. Of course, I could have stopped at the first one about Trump, but then I would not have had my blog title.

     From the NY Daily News, a workout that the plaintiff claims just was too hard. A New York lawyer claims that his sessions with a personal trainer have left him in disabling pain whenever he sits. 

     Plaintiff Neil Squillante says in his lawsuit that he told his personal trainer about his sore arms. His trainer just laughed at him and told him that the soreness was just “normal”.

     Squillante came back for more workouts and claims that after the third workout, he could not work at his computer. His lawsuit is seeking damages for improper instruction and supervision.

     The training company advertises that they also provide instruction and personal trainers to celebrities. As the lawyer added, he went to them and trusted the trainer because he was told that they are “Beyonce’s secret weapon”.

     The lawsuit could be serious, so I am not giving an opinion on it. Still, I had to go with some workout pictures for pic o’ day. Here’s “Workout Cat” and the “Push-up Family”.

workoutcatpushup

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Random Legal Stuff

Monday, May 20th, 2013

    Here is a collection of current legal stories. Or, I could also title it, “sniffing out the news”.

sniffing 

   From Winter Haven, Florida, here’s how to really make a lady angry. (WFTV.com) A female deputy was grocery shopping on Saturday night. A man ran by and stole her purse and then jumped into a nearby SUV. Inside the purse was her badge and her .380 Ruger, still inside the holster.

     In my head I can hear that saying about “Hell hath no fury like a woman scorned”. How about a woman who just lost her purse, wallet, badge and gun. Now that is some fury!

    Next, On Saturday Virginia Republicans formally chose Ken Cuccinelli as the nominee for Governor in the November elections. In response, the Internet was filled with attacks from both sides. One especially caught my attention.

     It comes from Charlottesville’s Daily Progress. The writer calls Cuccinelli hypocritical for not standing up for the rights of fishermen. Apparently, this man is angry that Cuccinelli would dare campaign as the Shad Planking. This one reminds me of the saying that ”you can’t please everyone all of the time”. Maybe that’s why they say that when eating a pizza, cut it into four pieces if you are not hungry enough to eat six.

     Want more random?

family photo      

     And finally, from the world of sports. ESPN is reporting that former NFL wide receiver Chad Johnson has now been arrested on charges that he violated his probation. Johnson was serving a year of probation relating to the original charges of assaulting his ex-wife.

                                                                                 (picture from “the good ole days) 

 

johnson

      The original charges resulted after Johnson head-butted Evelyn Lozada. Now, an arrest warrant has been issued when Johnson failed to meet with his probation officer on two occasions, as well as failed to enroll in a mandatory domestic violence education class.

     Not sure if Johnson thinks he is applying the Mahatma Gandhi quote, “First they ignore you, then they laugh at you, then they fight you, then you win”. Unfortunately, the judge is not ignoring Johnson and I don’t think Johnson has the last part in store for him. 

     And to conclude the random,  pic o’ day. Just decided to end on a more positive note:

cheeseburger

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The Interest Catches Professor

Sunday, May 19th, 2013

     A true “if only” story from TimesDispatch.com. Or, it could simply be called a story about stealing and getting caught.

     In 1975, James Hardigan became a dental professor at Virginia Commonwealth University. In 1980, he became the associate dean for administrative affairs for VCU’s Dental Faculty Practice Association. In 2004, he retired from VCU and subsequently moved to Florida. What happened in between just caught up with him.

     Records show that in 1995, Hardigan opened up an investment account in the Dental Association’s name using the Association’s funds, for an initial deposit of $500,000. In 2004 when Hardigan retired, he transferred the account balance of $137,553 into his own personal account. The discrepancy of the 500K used to open the account versus what was transferred is still unclear.

     At the time of the amount transferred, apparently there was still a few cents that had not been credited for the monthly statement. Those pennies remained in the account after the transfer. In 2013,  the investment firm where the account had originally been opened contacted VCU and the Dental Association about the account. By now, 63 cents of interest  had accrued in the account. 

     Because the Association knew nothing of the account, school officials began looking into it. Soon, they learned about the funds and the transfer that went into the retired professor’s account.

      This past Thursday, Hardigan was in Richmond Circuit Court where he pled¹ guilty to felony embezzlement of $137,553. The details of his past caught up with the 69-year-old former professor. He probably once thought, “if only I had waited until the end of the month to get those remaining cents”. Or, maybe now he is saying, “If only I had not done it”.   The retired professor now awaits sentencing on August 9, which could be as much as twenty years.  

(¹ ABA Journal says that pleaded is also correct.  In US Supreme Court opinions “pleaded” was used 3,000 times and ”pled” was used 26 times )

     This pic o’ seems appropriate for a Monday morning:

coffee

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“Breaking in and Renting”

Thursday, May 16th, 2013

     Some questions only have  answers that are even more confusing.

large moon

     The is a case that is that and more. This from a USA Today story about a former NBA and Old Dominion basketball player. 

 Chris Gatling

     Chris Gatling ran the following ad on Craigslist for a home in Arizona:

$800/4 br – EX NBA-Paradise Valley Home for rent with Pool & Utility included … Going back to Miami, Mexico City, Italy for a year or 2 need someone to watch my home here in PV and what a great place, close to everything and Very Very Quite! Really looking for a Woman, but guys can feel free to contact as well … (Just Like a Women’s touch).”

     That would seem like a good ad if you want to rent a house. The problem that Chris faced is that he did not own the house and had no right to that house.

     Records do show that Gatling had obtained an Arizona driver’s license using this residence as his home address. So, he certainly believed that it would be fine to claim the place as his own. In fact, he even rented the house to a tenant and cashed the first two cashier’s checks. Then, the renter found out from the real owner that Gatling did not own the property and had no right to rent it to her. That immediately caused her to realize why Gatling had never given her a key to the home. It also made her probably think… “now I know why I only paid $800 for this something that should cost $2,000.”  Or, maybe she just read the facts and were as confused as I am.

     The facts show that Gatling had originally tried to personally rent the home in 2010. He was turned down because of his bad credit. Then, Gatling broke into the lock box to gain access to the residence, which was fully furnished with running utilities. He got away with it from July 2010 to May 2011, apparently because of the housing market and that the owner never saw him there.

    Now, Gatling is charged with two counts of theft and forgery,  and one count of taking the identity of another and one count of fraud. His attorney says, “We believe this to be a misunderstanding, and we are working to resolve the matter.”

     Gatling played in the NBA for 10 years, averaging about 10 points and five rebounds per game. He even was an NBA all-star in the 1997 game. He last played in 2002.

     I hope you have a great weekend. I can imagine a fortune cookie with the following: “Beware of anyone selling a car or renting a house who cannot give you a key!

      And for pic o’ day, let’s stay with the theme of a crazy explanation after getting caught:

getting caught

 

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What is Virginia’s Statute of Limitations?

Wednesday, May 15th, 2013

     Who is Limitations and why is there a statute named that ? ice cream

     Yes, that’s probably the kind of question that I would have asked when I was a kid. For the same reason that I thought that the song  we were singing in church was, “Bringing in the sheeps… we shall Columbus, Georgia”,  instead of “Bringing in the Sheaves… We shall come rejoicing”.  That’s what happens when you sing what you hear, when you can’t yet read. Like Statute of Limitations, not statue of limitations.

     Of course, I really am doing a round about discussion of the question, “How long do I have to bring a lawsuit”? Well, below is a quick chart on some civil actions, provided from Lawyers.com.  Separately, ”When does the statute start to run” is a question that is sometimes argued to a Judge. 

      Still, even with the following chart, it still can be a bit confusing. kinda like:confusion chart 

Assault and Battery, 2 years

Va. Code § 8.01-243(A)

Contract (in writing), 5 years

Va. Code § 8.01-246(2)

Contract (oral or not in writing), 3 years

Va. Code § 8.01-246(4)

False Imprisonment, 2 years

Va. Code § 8.01-243(A)

Fraud, 2 years

Va. Code § 8.01-243(A)

Enforcing Court Judgments, 20 years

Va. Code § 8.01-251        

Legal Malpractice, 3 or 5 years (Depending on the type of contract or agreement)

Va. Code § 8.01-246(2) or (4)

Libel, 1 year

Va. Code § 8.01.247.1

Medical Malpractice, 2 and up to 10 years (Depending on the type of malpractice and when it’s “discovered”)    

Va. Code § 8.01-243(A) and (C)

Personal Injury, 2 years

Va. Code § 8.01-243(A)

Product Liability, 2 years

Va. Code § 8.01-243(A) and (B)

Property Damage, 5 years

Va. Code § 8.01-243(B)

Slander, 1 year

Va. Code § 8.01.247.1

Trespass, 5 years

Va. Code § 8.01-243(B)

Wrongful Death, 2 years

     So for pic o’ day, just in case you aren’t interested in a chart, how about a little lawsuit adversity that compares to… hand meets fist? I know… it’s getting crazy!

hand meet fist

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A Trial Report

Wednesday, May 8th, 2013

     Let me tell you the story about my jury trial last week. Usually, I don’t mention trial results because the bar, rightfully so; wants lawyers to always include disclaimers that each case is different and no result means a guarantee for another case. This result shows why each case is different.

     Kim Raab and I showed up to Richmond Circuit Court last week for a trial on a rear-end impact. Admittedly, it was a low impact case. In fact, the defense had blown up a picture of our car that was two-foot by three-foot big. Get the picture? The question was whether we could prove that our client’s upcoming back surgery resulted from this impact.

     The jury was instructed that the defendant was only responsible for the injuries (harms) that she had caused. An aggravation of a preexisting injury meant that the defendant could be responsible for only the aggravation.

     The first day of trial (Thursday), the judge kept going until about 8:45 p.m. The jury was escorted to their cars. I had packed up my things and was headed to my car. (I am about to digress!) When I got there… I had a flat tire. I said to myself, “Self, seriously?”. I looked around and realized that no one was in the garage. Plus, you had to basically drive a special way to get out of the lot. No AAA wrecker would be able to get to me.

     I know, you are wondering if I changed the tire myself. Well, I must be honest… No. My excuse is that it takes some kind of special tool. The reality is…well, you know the reality. So, I drove very slowly to a nearby hotel and got the tire changed. Now, back to the trial story! Isn’t that what they call “part and parcel”?

     After all the evidence was in. After all closings were done and jury instructions were read to the jury. They retired to deliberate and I went to sit down outside the courtroom, and wait.

     After about ninety minutes, I heard the buzzer and thought that we had a jury verdict. Then, the bailiff said that the jury had sent out questions and we were to go to the judge’s chambers. (office). The judge then read from a yellow piece of paper that the jury had sent out. The paper had a question that indicated that a juror had spoken to someone about the case that was not part of the jury. This, against the judge’s specific instructions.

     Since this is becoming an epistle, let me cut to the end. When the judge called the jury out to inquire about the question, he concluded that a juror had potentially not followed his instructions. The judge declared a mistrial. That means… we have to reset it for trial and try it all over again in front of a new jury. Mistrial… it is the second worst word that I could hear. Well, maybe the third. Those words? The word “defense” in front of verdict; and the word “Denied” on a judge’s ruling of importance.

     A trial report with nothing to report. No result. Only part… no parcel.

     Pic o’ day reminds that some things just don’t make sense:

turning

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Categories : Auto Accidents
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A Claim for Insomnia

Tuesday, May 7th, 2013

     From 2004 through 2007, attorney Victoria Anderson worked for Discovery Communications. She was commended for her strong technical, legal and drafting skills. Her annual reviews did note that she needed to improve her organizational and interpersonal skills. She needed to do better in getting along with others.

     Acccording to an article in ”Virginia Lawyers Weekly” (Deborah Elkins), in October of 2006, Anderson took a leave of absence from her employer under the Family and Medical Leave Act. She was having difficulty sleeping. 

     Testing ruled out sleep apnea. Her physicians determined that she was suffering from fatique, sleep deprivation and insomnia and prescribed her Ambien, to help her sleep. Anderson then returned to her job in November. She came with a doctor’s note that advised that her daily work schedule had to be limited to eight hours.  After two follow-up doctor appointments, in December she was then released without any work restrictions.

     When Anderson returned to work, she advised her employers that she could only work between the hours of 11:00 a.m. to 4:00 p.m. Her employers advised that they needed her to work a full 40-hour work week because their core business was during the hours of 9:00 a.m. to 6:00 p.m.

     In December of 2007, Her employer fired Anderson, claiming that she had entered inaccurate time entries for her work; refused to accept a performance plan, and had a ”combative, difficult, and manipulative” nature.

     Anderson sued her employer. The case was styled Anderson v. Discovery Communications LLC.  Her lawsuit was based on her claimed rights under the Americans with Disabilities Act.  

     The Federal Court judge granted summary judgment for the employer. She appealed to the 4th Circuit. The 4th Circuit upheld the lower court’s dismissal; and the appellate panel, in an unpublished opinion, ruled that “sleep patterns vary between individuals and even during a person’s lifetime. On this record, Anderson simply failed to present evidence creating a genuine issue of material fact as to whether she was ‘substantially impaired’ in December 2006, as a result of her insomnia”.

    Separately, Anderson had also brought an action for retaliation and an interference claim. That also was dismissed because she remained employed and was given full benefits until her termination. According to the Court, the employer had a legitimate reason to terminate her; based on her untrustworthiness in completing time sheets and poor communication skills.

     In simple terms the Court was saying… The End.

     And this pic o’ day just seemed topical!

a nap

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Administrative Professionals’ Day at Firm

Wednesday, April 24th, 2013

     Today the Firm is recognizing the staff in observance of Administrative Professionals’ Day. That means that the staff all goes to lunch and then has the rest of the day off. Yes…everyone seems to be in a good mood. Half days are more fun!

     When I researched the creation of the day, I noted that it has gone through some name changes.  Initially, it was formed “to call attention through favorable publicity, to the tremendous potential of the secretarial career.”  It started as Secretaries Week in 1952. As of 2000, it formally became Administrative Professionals Day in recognition of more than 4.1 million Administrative Assistants in the United States.

     For us, it gives me an opportunity say thank you to the staff, and let them know how much they mean to all of us. I hope that they have a great day…Thank you for what you do.

      For pic o’ day, this just makes me laugh:

cookie

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Criminal Case House of Cards

Tuesday, April 23rd, 2013

     The Pittsburgh Post-Gazette describes the disgusting case of a man who is accused of downloading pictures of minors, and then being charged with possession of child pornography. Normally, I would not blog on this kind of case except that the reporter’s description shows a course of events from denial to finally admitting criminal conduct. An anatomy of a criminal investigation.

     A vice president of computer network security  has been charged with downloading and sharing images of minors. It surprised me that his position included computer security. As a background,  45-year-old Duane Amity is married with two children.

     The FBI first began its investigation when it received a tip that someone was using a specific Internet provider address to share documents, with files names that suggested child pornography. The FBI then subpoenaed Verizon Communications for the IP address, and based on that information then executed a search warrant at the indicated address.

     In response to the subpoena, nearly 3000 files were flagged. In the text of the files, investigators found the term “PTHC” in several search returns; and file descriptions similar to the ones that possibly contained child pornography. Now the evidence was taking shape.

     In one folder, investigators found more than 900 images, which had been deleted or were no longer “active” on that computer. Some of the images appeared to be of young girls. When questioned, Amity told investigators that he did know that “PTHC” often stands for “pre-teen hardcore”, because of his personal computer investigations at work.

     At that point, Amity did deny ever seeing anything relating to the text file, at first, and also said that he “did not know anything about child pornography”.  As the investigation proceeded, Amity then admitted that over the last ten years, he had looked at child pornography only to then delete the images (The walls starting to crumble)

     Then, Amity could not explain why he would look at these images except that he claimed that he had been molested as a child. Subsequently, he volunteered that he denied ever improperly touching a child or sharing any child pornography photos, but that something could have happened accidentally.

     Then, Amity told investigators that he decided that he needed counseling. He apparently emotionally exhaled by stating that, “although it sounded odd, this investigation was a God send to him and his wife”.

     His attorney then told the Pittsburgh reporter that, “I would say based on his cooperation so far, I see a young man who is a victim in his own way from (past) experiences, who just wants to put this behind him. So I don’t see any reason why he would stop cooperating.”

     Here are a few observations after reading this article. First, I see that this man admits that he did these acts. However, I do not see where he ever accepts responsibility. His blame never points inward. Second, his admission that something might have happened ”accidentally” builds on that thought. Third, I am not sure how he thinks that he is simply going to put this behind him. Finally, I wonder how old his attorney must be,  if he is calling his 45 year-old client a “young man”.

    After this type of blog topic, I didn’t think Pic O’ would be appropriate.

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CVS Racist Receipt Lawsuit

Monday, April 22nd, 2013

Ching Chong receipt

 

 

     A Korean woman is suing CVS drug store for one million dollars (KVUE.com) as a result of this receipt on the left. The New Jersey woman was picking up photos from the drugstore when she noticed that the cashier had identified her as “Ching Chong Lee” on her receipt.

     Hyun Lee contacted CVS customer relations to complain about the racial Asian slur, but simply received an email to advise that the CVS employee would be “counseled and trained.” Lee was angered that the employee was not immediately terminated. So, she hired an attorney.

     Her attorney has told reporters that Lee “never got an apology. She never got anything further after she complained”. Now, a discrimination lawsuit has been filed in Camden, New Jersey, against several CVS corporations and the unnamed cashier. It also appears that the cashier is still there. The attorney added, “She will not return to that CVS until that employee is removed”.

     Lee has filed suit seeking damages due to “injury, mental anguish, severe emotional distress, harm and damages.” She continues to be angered with the CVS lack of response..

     Other companies have issued apologies after their employees used racial or ethnic slurs on receipts. Papa John’s fired an employee after a customer received a receipt which called her “lady chinky eyes.” A California Chick-Fil-A cashier was fired in 2011 after reportedly using “Ching” and “Chong” to identify two Asian-American customers.

     Not much else to add to this. Employees who think receipt humor will have no repercussions!

      And for pic o’ day, a reminder that life can be full of surprises!

Surprises

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