May It Please The Court
Quote of the Day - Yes, my parents are strict about me having a childhood. I go ice skating and sledding, and swimming in the Summer.
The Sled, our Christmas Book Written for our Grandchildren, Available for Pre-order Now
As many of you know, my wife, Christine, and I wrote a Christmas book where our grandchildren are the main characters. It's available on Amazon for pre-order, Buy yours now, just in time for Christmas.
It's the story of Naomi, our heroine, who must save Christmas from being frozen by the Frost King, who is intent on freezing everything Christmas, and he's on his way to the North Pole to freeze Santa, his elves and his reindeer. Naomi is joined by her animal friends, Duchess the Sled Dog, Bella the Snow Lepoard and Kingston the Bighorn sheep.
Will Naomi reach Santa in time to save Christmas? Will she get the shiny new red sled in the hardware store window? Order now to find out.
Different Rx Needed for Third Leading Cause of Death: Medical Errors
That's right: unless you're having a heart attack or suffering from cancer, you may be better off not seeking medical care. According to the Washington Post, the medical industry itself is the third leading cause of death. In fact, you're less likely to die if you get respiratory disease, accidents, stroke or Alzheimer's, which are respectively the fourth to seventh leading causes of death.
Or perhaps its more accurate to look at other causes. There's the cost-cutting pressure put on the medical industry by the insurance industry. Doctors have convinced legislatures across the country to cap and cut back on medical malpractice awards. Medical Boards have rubber-stamped admissions from overseas medical universities without ensuring compliance with standards set for US medical schools. There's a host of factors to consider.
Maybe we need a House-style diagnostic to identify the real problem.
Whatever it is, perhaps lawyers aren't the unhappiest profession after all.
Will the Federal Consumer Protection Bureau and the State Bar Ensure Recovered Funds Go to Defrauded Homeowners?
Doesn't Look Like It
The California State Bar has warned attorneys for a long time: don't handle homeowner mortgage foreclosures. In fact, those warnings started in 1978 after our state Legislature. The warnings started in earnest in 2008-2009 when, the State Bar issued an ethics ruling alerting lawyers to the ethical problems with loan foreclosures. We listened; we've never handled a homeowner loan foreclosure.
Apparently, though, the message didn't reach everybody, and perhaps most notoriously, now suspended Chance Edward Gordon. Go ahead. Click on that last link and see the State Bar's warning to consumers. In fact, every time you hire an attorney, you should check with the State Bar to ensure the lawyer is licensed. Mine's here for comparison purposes.
Well, it turns out that Mr. Gordon handled forclosures from 2010 to 2012, and collected a lot of money from homeowners facing foreclosure. More than $11 million dollars. That's right. $11 million from people who had no money left to pay their mortgages.
Now, the Federal Consumer Protection Bureau has fined Mr. Gordon $11.4 million dollars, seeking to disgorge the fees he collected. He fought and just lost before the Ninth Circuit Court of Appeals, and he's likely reached he end of the appeal road, and will have to start forking over money.
I have a few questions. First, why didn't the State Bar collect this fine? Apparently, the State Bar found out about Mr. Gordon after he was sued by the FCBP, and decided to pile on, but left the collection of money up to the Feds. And what is the State Bar of California Anti-corruption League that's referenced on Mr. Godon's State Bar profile?
Second, will the $11.4 million go back to the very same people he took the money from, or will the money go to the coffers of the FCPB? Becuase the FCBP's webpage about Mr. Gordon makes no mention of the money going back to the homeowners.
Sure, Mr. Gordon defrauded homeowners, but it looks like their losses aren't going to end there.
Must California Businesses Provide Seats For Employees?
Cubicle workers can't imagine standing all day long at their job, but many bank tellers, shelf stockers, assembly line workers and a host of other employees do. Apparently, howver, some of those employees are tired of standing. Workers from CVS and JP Morgan Chase Bank sued their employers in federal court over a California law that requires employers to provide seats. Here are the parts of the law that are at issue:
Wage Order No. 7-2001, §§ 14(A) and (B) .
The federal courts didn't know how the California Supreme Court would rule, so they asked. California rejected the federal court's attempt to treat the issue holistically, and instead ruled that the inquiry turns on the tasks the employee is performing. Here's what the Court said:
In other words, if an employee can sit, then sit. The employer must provide the seat. The lesson for employers is simple: get some chairs and avoid a class-action lawsuit.
Wells Fargo Pays Attorney General and District Attorneys to Settle Case; Nothing Paid to Victims
Well, that's one way to settle a case: pay the attorneys who sued you, not the victims whose telephone calls Wells Fargo recorded.
According to the San Francisco Chronicle, "none of that money will go to consumers whose privacy was allegedly violated."
Instead, Attorney General Kamala Harris and five district attorneys will split $8,500,000.00.
You decide who wins.
Justice Department Asset Forfeitures Outstrip Burglary Thefts
Feds Become the new Criminals?
The Justice Department restarted what it amorphously calls the "Equitable Sharing Program" that allows federal, state, county and local cops to seize assets of burglars - up to 80% of what they seize, and then funnel that money to their own budgets.
Look Around Before You Buy a Firewall, and Watch Out if You Buy a SonicWALL
So, if you’re buying a SonicWALL (including model TZ205 ) as your firewall, don’t waste your money. The price that you pay for renewing the annual software and subscription plan does not include any assistance from the new seller, Western NRG to configure it once it's installed. Dell used to sell the device but apparently Dell spun off the SonicWALL device, and Western NRG picked it up.
If you want to call it that.
The division of labor between Dell and Western NRG takes a flow chart to understand, but if you have a problem with the device, rest assured that Dell will tell you Western NRG can fix it, and Western NRG will tell you that Dell can fix it. Neither one will, though.
Fix it, that is. They will, however, gladly take your money .
Sure, they give you software and a hardware warranty, but those provide little benefit if the device isn’t configured correctly.Which you will have to pay to get, and pay more than the device itself is worth.
Who knows of a good firewall device that also provides support? Dell and Western NRG don’t, in my humble opinion.
Personal Injury Law Just Got Trickier For Hospitals
What Is Reasonable and Necessary?
We thought the tort law in personal injury cases was fairly well defined, but a new appellate opinion has got hospitals and their attorneys in a dither, while plaintiffs and their lawyers are throwing a big party.
Especially now that they can afford it. Let me explain.
Michael Huff got injured in a car accident and went to the hospital. When he left the hospital's care seven days later, it slapped him with a $34,000 bill that he didn't pay. Huff's lawyer then sued Steven and Matthew Wilkins for negligence in causing the car collision that injured Huff. State Farm insurance defended the Wilkinses. The hospital, Pioneer's Memorial Healthcare District, duly filed a lien in Huff v. Wilkins, claiming the $34,000 that Huff owed.
The jury awarded Huff more than $350,000, and before State Farm could even get out its checkbook to pay Huff, the hospital said, "First dibs on the $34,000 that Huff owes us."
That's legal talk, in case you missed it.
Summoning all of the chutzpah they could muster, Huff's lawyers replied to the hospital, "Hold on there, bucko, those expenses weren't needed."
That's more legal talk. I'm getting into a pattern here in case you were wondering.
Like any good neighbor, State Farm put the disputed $34,000 in the Court's hands and told Huff and the hospital that they had to fight over the disputed money.
In legal talk, that step is called an interpleader. I know, legal talk is really boring. That's why I was warming you up to the first couple of legal phrases like "first dibs" and "bucko." Well, sure enough, Huff and the hospital both told the Court that they wanted the $34,000. At the trial of the matter, four things happened:
Notice what's missing. Didn't notice? Well, how about the hospital's proof of the expenses it charged to Huff? Nowhere did the hospital say that the charges were reasonable or necessary. It just said Huff incurred the expenses.
Those are magic words in personal injury law. "Reasonable and necessary."
You see, in order for the hospital to recover the $34,000 lien that it placed on Huff's recovery of the $350,000, the hospital should have proved that the expenses it charged Huff were both reasonable and necessary. Under the Hospital Lien Act at California Civil Code sections 3045.1-3045.6 (a whopping five subparts), the hospital can only recover on its personal injury lien if it can prove that the expenses were both reasonable and necessary.
Look back on that list of four items that were introduced in the trial. Look carefully to see if there's anything there about the expenses being "reasonable" or "necessary." Can't find it? Neither could I, and I wrote it.
That's because the hospital either forgot or failed to do so. Now comes the Court's ruling. Because the hospital had the opportunity in the trial to introduce this evidence, say through a doctor who treated Huff, but failed to do so, the hospital got stiffed.
That's right: no recovery for the hospital, and Huff walked away with the $34,000. But don't get excited.
I suspect this case isn't completely over, however. Despite the hospital's failure to recover on its lien, the hospital can still sue Huff on both a breach of contract and equitable basis. Huff did get $34,000 in services that he apparently still hasn't paid for, and with this loss, that debt is pretty high on the hospital's radar screen. We'll see.