Iowa Industrial Commissioner Sues Iowa's Governor Alleging Sexual Preference Discrimination

GODFREY_BRANDSTETTERX390.jpgSurely the hate mail over this lawsuit will drive the U.S. Postal Service into the black. This past week the gloves came off when the Iowa Industrial Commissioner (Chris Godfrey) personally sued Governor Terry Branstad (and others in his administration) for discrimination, defamation and harassment over the Governor’s reduction in Godfrey’s annual salary by nearly $36,000. It left me wondering how any of this serves the people of Iowa.

The Govna wanted Godfrey to resign claiming inter alia that Godfrey's actions were getting in the way of job creation in Iowa. Essentially the claim is that he wasn’t doing a good job; a claim which is seriously flawed to the point of being frivolous. (On this point you need only read how the Iowa Economic Development Authority sells this state to the business community.) Iowa’s workers’ compensation program is heralded as one of the best run programs in the country. Godfrey’s suit says if I am doing a good job what else is left but a right-wing attack on my sexual preferences? 

"Iowa’s workers’ compensation costs are among the nation’s lowest. The average cost of workers’ compensation insurance for manufacturers in Iowa is 16 percent lower than the national average. Iowa law provides for employer choice of doctor." (Actuarial and Technical Solutions, 2009) - quote from Iowa Economic Development Authority, Iowa's Business Advantages LINK

I'm not sure in Iowa I've seen this level of dirty politics being played with the Iowa Industrial Commissioner position. As someone who is a registered Republican and who has practiced before the commission for over 30 years I have to say Chris Godfrey is doing an excellent job. His decisions find balance and frankly the Commission under his administration hasn't favored the injured workers. There is a balance struck that favors no one side. He sticks to the law. His decisions are as fair to the employers as they are to the injured workers. The facts seem to dictate the outcome and if I had to pick a side I'd say the Commission favors the employers. So come on Govna what the heck are you doing?

shooting-oneself-in-the-foot.jpg

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Is that airbag problem a manufacturing defect, evidence of a theft or just shoddy repair work?

Bridge.jpgQuestion: Do I have a case against the car manufacturer for airbags that did not deploy? I was in a accident where my vehicle was struck in the rear, my passenger side air bag deployed and the driver’s side air bag did not. I had nothing sitting in the seat on the passenger side of the vehicle. I was going 60 MPH when I was struck by a vehicle going 95+. My vehicle then struck the dividing barrier on the driver’s side. (Referring to 2nd generation air bags)

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New Study: Bankers Cheat Twice as much as Politicians do, but Bureaucrats are four times as dumb

While banksters cheat more than lying politicians ... government bureacrats come in close third. I'm telling you the truth. Really I am, after all I'm a liar, I mean a  lawyer. Here watch this video and then let's get onto today's topic of bureacratic gobbligoop. 

Cedar Rapids, Iowa Civil Rights Commission has decided to force it's citizens to do what used to be what the Mob did. Hey who said we exist; there is no Mob. Deny, deny, deny and it soon becomes the new reality. The Cedar Rapid's Civil Rights Commission wants to outlaw realtors and other businesses from asking for the source of income from would-be borrowers and those renting or buying real estate. They want source of income to be a protected class. Have we gone mad? These government bureaucrats need a real job, and some experience running real businesses with money at risk.  

 

Is this another Catch 22?

 

 

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The Cow Jumped Over The Moon

cow.jpgMy office mate and I recently litigated and successfully settled a cow-in-the-road case in southern Iowa.  The facts are as simple as a black cow weighing 1,000 pounds out on a county road after dark where there are no lights doesn't show up in your headlights until it's too late to stop. In that case the driver's wife died. The driver was a family doctor and we thought that would help him in the community with farmers who admired his dedication to Iowa families. Think again. No one in the community came forward to admit ownership of the cow.

We thought proving ownership of the cow would be as easy as someone being honest and coming forward to admit ownership. But that's not how it's working in rural Iowa. Honesty about ownership is one concept you are not likely to find.

These are tough cases to prove as to who owned the cow. Ownership is extremely important and that means the lawyers need to be involved as quickly as possible.

Did law enforcement help? The Sheriff's are elected officials who look only so far probably not wanting to anger any of the locals. Not proving ownership in some ways gets them re elected. Law enforcement's paperwork on past instances where cows got out is in most instances, Sorry Charlie it's not available. The Sheriff's offices are little or no help. 

Local knowledge washes away with the filing of a lawsuit. If there is no lawsuit every farmer will know who’s cows regularly get out onto the highway and who has lousy fences. File suit and it’s like you are on another planet. Everyone has amnesia. The locals go mute because they are for the most part deaf, dumb and half blind.

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Top Ten Reasons by Mountaineers For Not Giving Back the Engagement Ring

  1. I went trekking, the wind picked up and it’s still in my sleeping bag at 16,000 feet somewhere over China.
  2. I was suffering from hypoxia and lost it somewhere on the mountain while attempting to summit Mt. Everest.
  3. It fell into a squat toilet in Phakding, but I’m happy to tell you where to get another.
  4. Out of gratitude, I gave it to the Sherpa that saved my life.
  5. Out of necessity, I needed money for food in Kathmandu and sold it for 10,000 Rupees.
  6. Out of the kindness of your heart, I donated it to an orphanage in Tanzania, Africa.
  7. Just because they could, a Russian soldier took it from me while heading to Mt. Elbrus in Russia.
  8. Due to sovereign debt problems beyond my control, the Communist government in Argentina took it from me when entering the country as I headed to Aconcagua.
  9. Out of luck, I was living with the Maasai for a week while walking across Kenya and it went missing one night.
  10. Out of Africa - You’ll never believe what happened to me as I was on a walking safari between villages… I was outrunning a hippo when suddenly I fell, the ring came off and the rest is history. I can give you the GPS coordinates if you’d like.

Temple Monk.jpg

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After the break up why should I give back the engagement ring?

Everest101.jpgThis week I received another call about an engagement ring dispute. He bought the ring, spend nearly two thousand dollars for it, they broke up and she moved out of state. He’s been trying to get the ring returned, but she’s refusing. I’m guessing she’s enjoying making his life just a little bit miserable. As my mother is fond of saying, “Steve, misery loves company.” Yes Mom it does.

So what is this guy supposed to do about getting his ring returned? I told him to sue her in small claims court in Iowa and force to either come back or else obtain a judgment against her. If I were her I’d just hand it back to him because there will be a day in the future when she has another BF and this is going to come back to haunt her. It won’t look good and sends the wrong message. So why should she give the ring back? Here is a starting point.

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Oops Moment - Iowa store contest challenges employees to name next employee to be fired

Some days we look back at what we did and wonder why we didn't see how dumb it would look in retrospect. Here are a few recent examples.

An Iowa convenience store chain manager created a contest for employees. The employees were asked to name the next co-worker to be fired. An Iowa judge called the contest deplorable. This mis-manager may need a time out. There is no indication if anyone picked themselves. 

The imaginary-baby adoption lady is said to have violated probation and in trouble again.

The Iowa Supreme Court puts down its foot with police monitoring of attorney “confidential” visits with arrestees. Private and confidential means just that – private and confidential. You mean that video recorder and making the lawyer scream at his client through Plexiglas makes that impossible? See Barney Fife being told to go to jail, do not pass go, just go straight to jail.

Nip it in the bud Barney. Here is an actual scene from the Ankeny Police Department video interrogation. 

http://youtu.be/sL9TunUh_bw

If only they understood The Cobra method of interrogation. 

 

Trust me, I can't make this stuff up. My imagination doesn't work this well. 

Sir, would you like a large fry with that lawsuit?

Mcdonalds.jpgThere are times when as a personal injury lawyer who does a lot of car, truck, motorcycle accidents along with workers’ compensation claims I am completely baffled. This week I got a call from an out-of-state resident who visited Iowa and was injured at a hotel. The matter was a trip-fall type of claim. We lawyers refer to them as premise liability cases. Premise liability is a difficult case to prove, you really need an artificial defect in the property to win these cases. By artificial defect I mean something created by the owner, the lessee or the business that increased the risk of injury.

A snowy or icy condition in Iowa during the month of January in the first minutes of a storm isn’t in and of itself going to get anyone excited about your case. On the other hand if the shop owner has allowed snow and ice to accumulate for a week without walking outside and shoveling it, that might get someone interested in your case.

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Where Sperm, Science and In Vitro meet the Social In$ecurity Act

test tube baby 4.jpgA Man Need Not Apply

A few years ago I wrote a post about the social security benefits case involving a child born by in-vitro fertilization following the father’s untimely death. Apparently the father died of cancer, but before dying they froze his sperm and after his death the mother of the child was inseminated, gave birth and thereafter filed with the Social Security Administration for dependent death benefits. The legal question involved whether the child was ever dependent on the father. The answer at this point in the litigation from the U.S. Court of Appeals is no.

Does In Vitro Fertilization Make Social Security Benefits The Simplest Investment, Lombardi, December 7, 2009

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Like Rome, when it comes to MMA Fighting, Iowa is a four-letter word

800px-The_Christian_Martyrs_Last_Prayer.jpgIowa's Version of MMA Tort-Reform Was A Recipe for Disaster 

“No thought was given to the human cost of unregulated MMA.”

That statement comes from “The Underground”, the MMA Warehouse in an article Sherdog wrote as Part II of Zach Kirk’s fight and his being paralyzed for life.

Here is the real disgrace.

In days, Kirk went bankrupt. The rest of Kirk’s medical care costs -- hundreds of thousands of dollars -- was paid for by the citizens of Iowa. 


This is what you get when farmers turn legislators and think they know law and can assess legal risk. Like lawyers trying to plant a straight row of crops, farmers’ legislating makes for a lousy result. Deciding what corn to plant isn't the same as analyzing the legal principles and making sensible public policy. No lawyer in his right mind would have voted to deregulate MMA fighting. Boxing I understand, MMA I do not get. It's nothing more than what Romans did with lions fighting slaves. What's attracting young men to the sport is the lack of regimented training and the promise of big money. Regulations and fighter protections are not just necessary for the fighters but also for the taxpayers who end up footing the bill when fighters through fighting become seriously, permanently and totally disabled. 

Like I said, I'm not planting corn any time soon. But put me on the Boxing Commission and I'll protect the Iowa tax dollars. 

Spectators sometimes became part of the Coliseum show -

Although the typical Coliseum of Rome combatants were trained gladiators, convicted criminals and prisoners of war, occasionally glory-seeking individuals volunteered to fight. Often they overrated their skills and suffered the consequences.

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Iowa's AFSCME Has Credibility Problems

Scales of Justice tipped.jpgTiming is everything so when AFSCME waits to voice concerns over staff size in the prison system, until after people start talking about taking away the right for government workers to use collective bargaining it doesn’t resonate well with the taxpayers. Calling staffing shortages that they claim exist, a “crisis situation” seems like just another example of the boy who cried wolf. It’s just one more example of there being no difference between the Republican and Democratic Parties in this country. Both have a common objective, how to continue to fleece the taxpayers.

Frankly if you don’t want the job you have, then quit. Let someone who does want to work have a shot at getting the job. I’m sure there are those who’s hunger would overcome what you say is a crisis situation. Why suddenly is it a crisis, but it wasn't a year ago? 

If AFSCME wishes to help the situation they need only answer one question: Where is the money going to come from? Answer that question and people will begin to view your point of view as positive. Continue along the path of trying to simply stir fear and you’ll be seen only just one more problem the taxpayers can all do without. 

How do members of Congress leave office so wealthy? I have to wonder. Steering government contracts to friendly companies where members of Congress have bought call options.  It ought to be illegal for member of Congress to purchase stock options. That's the real insider trading that no one is talking about. 

Are lawyers being taken with marketing hoopla?

I’ve been gone over a month and a half. I needed the break from writing, blogging and complaining about the practice of law. So I took it. Yada-yada-yada... Someday I’ll discuss the reasons but not right now; just too many things hitting me too close together in time. One of the issues you can read about here and here.  So realizing I needed a break, I took one. I’m still not back completely emotionally from all of this and there is no way I’m writing like I was, but for now let’s see how it goes. Today I want to talk about legal marketing. So hang in there while I work on my gripe meter and hopefully get back in shape.

Let's have Miley Cyrus help us today on the beaches of Tybee Island.

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Veterinarian Science: Wallet Dysplasia For Dummies

Dog Paws.JPGToday’s blog is all about the veterinary science business and training dog owners to be pet philanthropist while the vet business does surgery on the owner's wallet. This comes about from visiting a friend this past Friday and was told the dog they’ve owned for just a few months was in Ames, Iowa having hip surgery performed; all to the tune of $3 grand. You did what?, I exclaimed. I was flabbergasted; and so upon arriving home, I asked Barbara how much she spent on Oreo’s double leg surgery and she said the vets charged $2,500 per leg. Okay now I'm really airborne. Sorry but I can’t help but see why the Chinese are kicking our butts from an economic standpoint. Instead of lowering debt by $3000 to $5000 we are making ourselves feel better by allowing veterinary science to hoodwink us into feeling bad about putting a dog to sleep so they an rake in $6 grand. Don't think for a minute that I don't know why they send home those ‘dog of the week’ photos? Come on, pure and simple this is marketing to emotions; it’s an economic emotional Ponzi scheme.  I don't ever want to hear a vet talk about tort reform and the McDonald's verdict after charging $3 grand for dog surgery. Are you serious?

Oh, I know the animal rights people are going to sick their Rottweiler’s and Pit-bull’s on me. All sorts of people will write me hate-mail and accuse me of being insensitive and a dog hater. But that’s just not true; ask Oreo and Molly our pet dogs looking rather sad eyed at me right now as I write this piece. But give it a rest, these animal-right's folks are some of the same people that yell and scream for tort reform and who tell us that an intelligent, healthy, obedient 11-year-old girls are worth nothing to the parents and then turn around and write a script for dog physical therapy and charge $3 grand to repair a dog's hip.

Every wonder how the law values your pet?

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Should insider trading by elected officials be illegal?

Musical Man B&W.jpgMake Politicians Publicly Disclose their Stock Options within 24 hours of Purchase

Ask yourself this question: Was the financial crisis a gold rush for some?
If it was then why wouldn’t government officials choose to engineer economic fatigue into the American economy while buying options to short the market?

I’ve been wondering about a few things lately:

  • How do elected officials get so rich on the salaries they receive?
  • Is the debate before a bill is voted on engineered to cause delay while officials purchase stock options in companies that will benefit from public spending?
  • And lastly, how stupid do they think we really are?

Ask yourself: Is there a way people make money from a market downturn? If people can make money by shorting the market, then who does it and are any of them elected officials? Shouldn't we know if elected officials are shorting the market? And if they are, how can you do it to make millions right along with our elected officials? One way is to force elected officials to publicly disclose the purchase of all stock options.

Make Politicians Publicly Disclose their Stock Options within 24 hours of Purchase

Wall Street’s Shadow Market by CBS – A swap is nothing more than insurance, but they call it something other than insurance to avoid being regulated.

http://www.youtube.com/watch?v=0Y9A0C45KZI&feature=related

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Historical Suicide - Disgracing Your Family's Reputation by Opposing Gay Marriage

In 1996 I tried a defamation case on the theory it takes a lifetime to build a good reputation and only minutes to destroy it. That statement is as true today as it was then. If you do a search for “gay marriage” on the Iowa Edict you’ll find several blogs about the subject. I’m not gay; neither is my wife and so far none of my neighbors have admitted to being gay. My brothers aren’t gay, nor my mother or my sister. My father is dead and most of my aunts and uncles have stayed happily married for eons so it’s doubtful they are gay. I’ve got a cousin that I wonder about, but he’s not come out of the closet so I too say nothing. But a couple of a former wife’s siblings are openly gay, as are some people I call my friends and so this issue impacts people I know and love.

For most taxpayers we could care less about this issue; we care that they work hard and pay their fair share of taxes while avoiding fraud, robbery and murder. Some of my friends are homophobes and it’s interesting to listen to them use the Bible to try and support their homophobic ideas about creationism. Enjoying the thought that God has a humorous side I can only hope he makes their children gay. Wouldn’t that create a conundrum for them? Do I love my child or shall I be like Dick Cheney? So every night I pray that God will make their children openly gay and that Trickey Dick II one day pays for his sins.

Iowa’s gay marriage decision is from the Varner Court which resulted in three Iowa Supreme Court justices being given their walking papers and has Iowa’s political elite committing historical Hara-kiri aka Seppuku.  

http://www.youtube.com/watch?v=uS0VhvoGWVw

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What is the Tea Cup Syndrome?

Everest101.jpgDid you see 60 Minutes the other night doing an expose about Greg Mortenson and his charity that claims to build schools in Pakistan?

Greg Mortenson wrote Three Cups of Tea, a book about his experiences with climbing K2 and how it changed his life afterward. Some friends gave me the book, but after reading the cover leaf I had little interest. I’ve seen adventure travel first hand and it’s changed my life in a positive way, but frankly some of it makes me wince because I’ve seen enough to know there is a lot of fraud that goes on in that business. There is the small rip-offs that are covered up by the ambiguous agreements you sign with the guides and guiding services and then there is a larger problem with the whole adventure book writing culture that writes stories about life and death adventure that can’t be proven and probably never happened. There is a certain type of personality that seeks to guide adventure climbs and senses how people back home could be taken advantage of in a way that rakes in the dough for them. The way 60 Minutes laid out this story Mortensen is being accused of running his organization in a way that lacks financial transparency and is being placed into this latter category.

If I understand Mortensen’s story he tried climbing K2, was unsuccessful, ended up in a small village with a Pakistani family and being somewhat injured, this family nursed him back to life. Their generosity caused Mortensen to make a promise to go back and build a school for the children in the village. He did raise the money to build the school and since then an organization (Pennies for Peace) created solely for raising funds to build schools in Asia has raised … well that’s the problem, raised how much and what have they done with the donations?

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Honesty and fairness have nothing to do with insurance defense - HONEST!

Before talking to the insurance adjuster or defense attorney or the case mismanager remember this from I Claudius, don't touch the figs.

The premise held by most clients is that this system of law is fair. They'll say they want only to be treated fairly. When representing themselves they make the assumption that when defense lawyers talk to you they will be fair. Well I'm here to tell you, you had better not trust in being treated fairly. I mean exactly that and it has nothing to do with whether or not the defense lawyer or the insurance company is dishonest. They don’t have to be “honest” and they aren’t trying to be “fair”. Fact is they are hoping you aren’t smart enough to ask the right questions so they don’t have to not answer you. You think I’m kidding? Hell no. I’m not and I can prove I’m right. Here let me prove it to you.

Defense work has nothing to do with treating people fairly. If it did you could come up with the name of at least one defense lawyer who has said in the past, "I don't think you're asking for enough, can I pay you more?" Or, "Did you know you're entitled under the law to be paid more for your damages?” Go ahead find me one insurance company representative that has said that in the entire history of insurance. Go ahead, think real hard; I can wait, go ahead and think harder.

Umnnn dee dum, dee-dum... Have you remembered one? No? I didn't think so. I've not heard anything like that in 30 years.

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Where can I find the latest credit card scams?

snowy country lane.jpgKnowing what the latest credit card scam is can help you to understand why the merchants ask the questions they do when making a purchase. Rather than getting miffed by those questions you will appreciate the merchant's challenge with providing the customer with credit card services while not getting taken by scam artists. To better understand those challenges read the scam page on the Fraud Watch. See this link to “Fraud Watch” about the latest credit card scams being employed to obtain your personal security information. Here is one scam involving the three digit number on the rear of your credit card.

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Is someone spying on your credit card?

Criminal Crime.jpgWhat’s in your wallet? 

I buy gas using a credit card and a recent email pointed out we should all be hitting the "CLEAR" button at the pump after concluding our purchase. The email pointed out there is a way for someone to come along after you've left and to charge gas on your card. True? I'm not sure, but for the sake of safety I'm willing to push the clear button. But what about those stories that say electronics have advanced enough for someone to read the information off of your CC while it's still in your wallet? Can that happen and if so how will technology protect us?

We all find the Captial One commercials funny, or least some people do. But what about those electronic strips on your credit cards and identity theft issues that we read about and with fingers crossed sort of ignore? Need we be concerned about someone surreptitiously gathering the info off of our cards? Well, to understand the answer to that question we need to go back to high school science class to learn about the faraday cage. If you learn this lesson you'll be a long way to understanding the direction technology is heading.

Will the faraday cage protect a bird on a cage and what's in your wallet?

It may, but for you to appreciate why and what you need to know let’s first learn about the faraday cage?

Four options for learning about the faraday cage; although for purposes of this article you probably don’t need this detailed an understanding. Option One, Two, Three and Four.

Now let’s get back to the bird on a wire. High Power Electrical Line Maintenance Worker or as their Instructor says, "On a magic carpet".

A Faraday cage or Faraday shield is an enclosure formed by conducting material or by a mesh of such material. Such an enclosure blocks out external static electric fields. Faraday cages are named after the English scientist Michael Faraday, who invented them in 1836.

A Faraday cage's operation depends on the fact that an external static electrical field will cause the electrical charges within the cage's conducting material to redistribute themselves so as to cancel the field's effects in the cage's interior. This phenomenon is used, for example, to protect electronic equipment from lightning strikes and other electrostatic discharges. 

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Iowa Criminal Defense Lawyers Being Asked to Work for Free

Match Head lit.jpgIowa’s state government is broken. The state ran out of money to pay the criminal defense lawyers and so unless they withdraw from the cases, they aren’t getting paid. The Iowa Legislature wanted to give the Governor the power to shift money around to get them paid. But Two-Paycheck-Terry won’t accept the gift; instead he’s challenging the lawyers to walk off the job, which if they do will set free all defendants in cases where the right to a speedy trial applies. No speedy trial – means dismissal. So while Two-Paycheck-Terry is fat and happy those doing low pay legal work for the State of Iowa get zippo.

Let's hope the criminals dont' get the idea to instruct their attorney there will be no waiving of a speedy trial.

Let the dominos begin to fall.

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Why is the issue in Merriam vs Farm Bureau so complicated?

The issue in this next case is pretty straightforward, but the outcome is anything but that. A contractor has an accident but he doesn't have the right insurance coverage. So he sues his insurance agent for not placing the right coverage. The contractor loses the case against Farm Bureau because the insurance agent has no legal duty to select coverages. What we have is the insurance industry saying one thing and doing another. Watch the video of the Farm Bureau commericals and ask yourself if they hold themselves out to be experts on what you need for insurance coverage. Does FB say they offer expert advice?  Then consider the decision in Merriam that says they don't have a duty to do so because they aren't experts in selecting insurance coverage. Isn't that exactly how FB holds it'self out? You be the judge.

What about that "knowledge you can count on" pledge? After Merriam it sure seems to ring hollow.

Remember those Farm Bureau agents saying they make insurance simple? Here get caught up and listen to the agents telling you how simple they make insurance so you can feel good about your future; and then there is the make simple by providing knowledge you can count on. As you listen ask yourself if somewhere in there, there is a promise.

 

http://www.youtube.com/watch?v=BFMnwpw-LLg

Here listen again to the Farm Bureau insurance made simple pledge and then let’s see how it plays out in real life.

http://www.youtube.com/watch?v=P4DHSGeuQQE

Remember what you just heard. Come on it's all pretty simple to remember. Basically you can trust us to make it simple for you. Got it?

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Iowa Personal Injury News for March 9, 2011

Cheerleading Can Be Brain Damaging

I do cover cheerleader safety, because of the incidence of serious injuries and how the sports world encourages cheerleading, but then treats them like second class citizens when it comes to insurance coverage. This next story is about a cheerleader who suffered a head injury, then continued to suffer seizures and later underwent surgery to remove a part of her brain in hopes it would stop the seizures.

Cheerleader Has Part of Brain Removed to Stop Seizures - AOL Health

Cheerleader Has Part of Brain Removed to Stop Seizures

By Catherine Donaldson-Evans Feb 25th 2011 11:45AM

Writer's Note: I'm in depositions today, so this is a short post, but nevertheless and important one about cheerleader safety.

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Do you have $0.18 to help create 200,000 American jobs?

Made in America Salvatore Vuono . FreeDigitalPhotos.net.jpgDavid Muir from ABC World News with Diane Sawyer has a new series on Made in America. This is the best series that can start the conversation about how we can take the largest consumer economy in the world, America, and refocus our attention on keeping America working. I've seen in the last ten years. Someone is actually getting it. If just 1% of what you spend on consumer goods we would create 200,000 new American jobs. That's $0.18 cents a day and you can create 200,000 new American jobs.

Made in America by ABC - Let's just get on base by buying one USA product today ... it's a start. Just one, today and then one a week.

I use a baseball analogy to explain this concept. When I played Little League I was very small and never hit a homerun; yet I had one of the best batting averages in the league. That’s because with every swing of the bat my only intention was to get on base. All those singles add up. And the same goes for our job market; spend a few cents here and there on American products and sooner or later all those cents add up to a million new jobs. It’s up to you and I to take care of America.

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The Apology Shield - Who came up with this idea?

I received a call from a reporter wanting to discuss the series I wrote on the medical apology shield. Like Participation Trophies the Apology Shield is society acting as if a lie is somehow the truth because enough people wish the lie were the truth. To prepare for the interview I read my old posts and once again I'm reminded of the Bush Era and its glorification of dishonest living coupled with its evil cousin greed. It makes me wonder aloud; who the brainless twit is that came up with the idea of the apology shield in professional negligence cases. They should be hung, drawn and quartered.

I do appreciate that good professionals make honest mistakes and that some professionals really are sorry for the hurt and inconvenience they have caused the client and patient. So trust me when I say I'm not picking on anyone.

When we talk about justice in America we're really talking about justice brought about by the people, not by judges who are tools of the establishment or prosecutors who are are equally tools of the establishment or the wardens or the police officers.
William Kunstler

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This is Why Big Insurance Loves to Hate PI Lawyers

musical.jpgThe lawyers for plaintiffs' and  injured workers are still (barely) in business, because the defense lawyers and the insurance companies need us so they can continue to make huge profits by ripping off the public through 'promoting the float'. Without us there would be no need to have defense lawyers or so many insurance adjusters; and it's the defense lawyers and legions of adjusters who create the illusion there is a need to protect the insurance float from greedy people who get injured through no fault of their own. Most people believe this nonsense until it's them that is the injured one.

The float is the money they take in as premiums, then deposit it and invest it.

The float is the key to insurance companies making enormous profits and it alone accounts for the success of Berkshire Hathaway. With the float tucked neatly away, the insurance companies can act as hedge funds and investment banks; going about their business of reaping huge profits for the directors, officers and shareholders of the entirely successful major casualty insurance industry. You and I, the plaintiffs’ bar, are necessary window dressing that allows the accumulation of an enormous float for paying insurance exec bonues. Without us they lose any semblance of being legitimate. Without us the charade would be over and there would be no reason to accumulate the bloated float. So you see they need us; but also they need to create the allusion that it's us causing the public to need protection. And that's the reason why they cook statistics to exaggerate how many personal injury lawsuits there are.

It’s also why the insurance industry needs large jury awards. Large awards create another allusion. Talk about one verdict 100 times and people think there are 100 large verdicts. One large verdict is sweet and sour sauce to them. Because when one plaintiff is awarded millions in a medical malpractice case they are reminded why they love to hate us. The announcement of the one large verdict provides an enormous marketing incentive that scares billions of dollars in new premiums into the insurance coffers. And that’s really what the McDonald’s verdict smear campaign was all about. It was the perfect marketing incentive trigger, because it provided motivation to unsuspecting insurance suckers.

Really we all work for Geico, State Farm, Liberty Mutual, Allied, USAA, and all the other corporate float machinery that is ripping off the paying insureds.

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What is at-will employment?

Scales of Justice tipped.jpgIowa takes great pride in calling itself a “right to work state”. That means simply you can’t be forced to join a union.  Most people that call our office asking about their rights after an injury don't get the gist of really what that means.  There are benefits and there are drawbacks to being a right to work state. I get that there are benefits to employers, but what I don’t get is why as an at-will state, workers don’t have more protections in the event of an injury or ill and have to miss work. That I clearly don’t get. I'm not saying pay them while off, but I am saying save their J-O-B.

You see a right to work state, or an at-will employment situation, is a state that allows its workers to be fired for any reason that isn’t illegal. And what might those illegal reasons be?

It’s illegal to fire someone only if it’s spelled out in the law. And under the VanderPlaats definition of separation of powers the courts would have no room to protect the working stiff sitting before them, unless the Iowa legislature spelled it out in black and white.

The Illegal Firing List

  • Jury duty service.
  • Filing a workers’ compensation claim.
  • Reporting illegal activity, whistleblowers to some degree.
  • Being female.
  • Religious affiliation and beliefs.
  • Creed.
  • Color – It’s not all black and white.
  • Age in some instances. Being young and dumb will get your fired every time.
  • National Guard Duty with some restrictions.

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Never wonder why they hate us...

8137witchcraft.jpgLike I said last week, don't wonder why lay people hate lawyers. They hate us because we act like instruments of the devil. Workers' compensation benefits in Iowa has turned into a con game played by insurance fools with little to do except justify their own sorry existence while they promote the float and their own job.

On this one day my client from Florida who drove a truck over-the-road and across the country was told he had to come back to Iowa during the winter to get medical care and to sit in a terminal to live and serve out the "healing period". I kid you not. The entire process with OTR truckers is to make their recovery so unpleasant, that they quit so the employer no longer has to pay them during the healing period. If anyone thinks someone is being fooled, you're naive. No this isn't a communist country, it's Iowa. A surprising place where we now treat people like animals in a zoo. Here is the letter I sent to the insurance maggot.

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No heart, no soul and no damn conscience

musical.jpgI'd had one of those days; you probably can't understand because I've been doing this long enough that like Oreo I've had just about enough some days. Not with my clients mind you, but with the insurance adjusters who could care less about people and more about some stupid inane corporate policy, that  they get a bonus to blindly apply.

Thirty long years and you begin to despise these people who work in claim's departments in the insurance industry. They are vermon, dispicable morons  without a soul, a heart, a conscience or a heart.

Okay but I'm getting away from my main point which is that on this day I felt compelled to write this letter to the morons in California at Workmens. I've redacted the actual names but the rest is pretty much what I wrote.

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Do voters and corporate America play on a level field?

mailboxes-in-rural-midwest-united-states-late-sun.jpgIs the legal system rigged against people; and in favor of big business or does it just seem that way?

People believe the law has the ability to go whichever way the judge wants to decide the case. It’s what people refer to as result-oriented reasoning.  If you want a certain result you pick these legal principles and the result is possible. That’s how people view the law and frankly its how most lawyers and judges do, except we don’t admit it publicly. Today’s case has a result that most people will find offensive in that the proof required to prove a fact seems watered down in favor of an insurance company winning. If we asked the court to believe what this insurance company did, we'd lose ten out of ten times.

Judge says John Kline home’s former insurer doesn’t have to pay bank, Register, January 7, 2011

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What or who breached the Iowa DPS Website?

Snow with foot print.jpgInteresting; a few weeks ago I noticed the Iowa DPS site was down and a press release indicated the site had been compromised. It was an unintended Amber Alert that put the DPS on notice that its website had been breached. So what or who hacked into the site and why?

Here is a link to the  press release from November 29, 2010. For those who aren't familiar, the Iowa DPS is the Department of Public Safety which includes the Iowa State Patrol, the Iowa Fire Marshall and a whole host of other critical safety agencies.

The corrective press release said little about what the breach was or who did what and when. What was the cause? Here is the ‘explanation’ from December 14, 2010.

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City of Cedar Rapids Addicted to Traffic Cameras

Adolf_Hitler large.jpgCedar Rapids Iowa has found a different way to cash in on law breakers; traffic cameras catching people being people have raked in $2.6 million in fines during 2010 just in tickets for red lights and speeding infractions. It cost just over $1 million to operate the cameras. That’s one heck of an investment return. Bernie Madoff would be proud of Cedar Rapids City Fathers. But is this how we want to live? Do traffic cameras really add to the quality of our life in Iowa? Do we want to live in a Communist styled state of paranoia? This is a slippery slope and one that leads to corruption of thought.

Perhaps we should have a contest to see how many ways we Iowans can come up with, to dehumanize our cities and towns.

  • How about sidewalk cameras for those that don’t shovel their sidewalks?
  • Or we could pay people a bounty to snitch on their neighbors. That would be a real communist community builder.
  • And let’s not forget spitting. If we pass a spitting ordinance we could make a bundle with camers where people do a lot of spitting.
  • Ugly tattoos or tattoos with little or no taste. If we commission tattoo police we could increase revenues for the road construction companies and others that pay so much in campaign contributions to politicians who then need to pay them back with spending from the public till.
  • Fashion police! Oh that would be great and we could air it on YouTube or one of Iowa’s TV stations and have wagers as to who is dressed the worse; sort of like dancing with the stars. The Iowa State Fair would take on a whole new meaning.
  • And how about selling corporate naming rights for the prisons? We'll need more prisons so perhaps Kinnick Stadium could used as a prisoner exercise yard.

Hey all you young minds, send in your suggestions and I’ll print them. If we are going to act like a communist country we might as well do it right.

Did Bernie Madoff do his 'victims' a favor?

Dollar Sign Santa Hat.jpgHere is the question to ask yourself: Even with the Ponzi scheme, would you have been better off investing with Madoff than with Smith Barney? Or for that matter, any of the other brokerage houses that were more concerned with bonuses and making money through mortgage syndication than taking care of their small-fish clients.

Was Bernie Madoff really Ponzi Claus?

Life is full of irony and the Madoff Ponzi scheme may prove to be the biggest irony yet. Irving Picard is the trustee suing to reclaim the money Madoff clients’ lost. The recent promise of payment of $7.2 Billion from the Picower Estate brings the total recovery up to just over half of what the investors gave to Madoff to invest. What most people don’t appreciate is the amount being sought does not include investment appreciation. As a victim you get only the principal that you invested with Big Bernie. Meaning, if you invested $100,000 and thought after Madoff invested it, that you now have $120,000 only to find out it was a sham, you don’t get the $20,000; only the $100,000 minus anything you took out before the collapse. Now that you have this piece of news, compare the Madoff “victims” to non-Madoff vicitms.

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God help us if we are ever this stupid

Dice buy sell.jpgGrowing up in a seaport town you learn early that when rats are leaving the ship it means it’s going to sink.

Following the stock market meltdown I’d hope corporate America would change how they view and treat the stockholders. That is a hope we will never realize. This next story made me wince at the thought of how naïve some boards and CEO’s see the shareholders. Let me set this one up with a short explanation. Normally when a company issues stock the board approves the offering for the purpose of growing the company and increasing the value to shareholders. So if you were to issue $10,000,000 of new stock and not use that money to grow the business you would essentially be taking $10,000,000 of value from the shareholders. It's referred to as dilution. With a company having a market capitalization of $691 million dollars that’s a significant dilution to the shareholders. Now read this article that was in the Iowa business newspaper.

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Will Iowans Voters Next Bring Back the Witchcraft Act of 1542?

Witchcraft.jpgThe 7 Iowa Justices ruled as they were required to do and in the end the 3 were wrongly removed; unless of course you believe in the Witchcraft Act of 1542. If you believe the Iowa Constitution requires otherwise then perhaps you also believe the Justices are under the spell of a witch.

Witchcraft Act of 1542 - Religious tensions in England during the 16th century resulted in the introduction of serious penalties for witchcraft. Henry VIII's Act of 1542 (33 Hen. VIII c. 8) was the first to define witchcraft as a felony, a crime punishable by death and the forfeiture of the convicted felon's goods and chattels.[1] It was forbidden to: ... use devise practise or exercise, or cause to be devysed practised or exercised, any Invovacons or cojuracons of Sprites witchecraftes enchauntementes or sorceries to thentent to fynde money or treasure or to waste consume or destroy any persone in his bodie membres, or to pvoke [provoke] any persone to unlawfull love, or for any other unlawfull intente or purpose ... or for dispite of Cryste, or for lucre of money, dygge up or pull downe any Crosse or Crosses or by such Invovacons or cojuracons of Sprites witchecraftes enchauntementes or sorceries or any of them take upon them to tell or declare where goodes stollen or lost shall become ...[2]

The Act also removed a right known as benefit of clergy from those convicted of witchcraft, a legal loophole that spared anyone from hanging who was able to read a passage from the Bible.[2] This statute was repealed by Henry's son, Edward VI, in 1547.[3]

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Systematic Destruction of Evidence

Evidence.jpgIn this post I want to point out the systematic destruction of evidence by insurance companies.

At the bottom of this point I’ve reported on a car accident, a single-car-collision in Iowa that took place in Buchanan County. That accident demonstrates a point I see time and time again in the practice of law. The law doesn’t forbid it, but it should or people should be smarter about when they hire an attorney and why they need to hire one. Let’s first look at the key piece of evidence in this accident. It’s a blown tire case.

In this blown tire case there are four passengers in the car that ended up being injured. Each passenger is hurt, some probably very badly. The four leave the accident by ambulance and are taken to an area hospital. Now I do get telephone calls from time-to-time asking about these types of cases. The reasons vary but normally they aren’t for the reasons most people think. They aren’t out to get rich; far from it. Iowans are a reasonable group of people for the most part. There are exceptions, but overall they normally aren't out looking for a free ride. No, the typical call is them trying to find a way to pay medical bills; medical insurance coverage is in this country a national debate for a reason. It's just too expensive, but I'll leave that for another day's blog.

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Minimum Insurance limits aren't being financially responsible

Steering Wheel Old Car.jpgThe Cedar Rapids police are reported to have issued an arrest warrant charging the driver of a pickup truck with failing to yield and causing a crash that killed a female bicyclist last summer. They also charged him with driving without insurance, but the true crime isn’t with the uninsured drivers on the road, the real crime is with the legislature that allows people to drive with as little as $20,000 in coverage to cover the financial consequences of their actions while driving a ton of metal on the public highways at breakneck speeds. Think about it, this driver would be considered “financially responsible” had he had as little insurance coverage as $20,000. With it costing $15,000 just to bury someone how can this minimum coverage be considered responsible?

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Fashion Police take on the Saggy Bottom Boys

Eric_plumber_150x224.jpgTo really get in the mood for today’s post about saggy pants you need some music to put you in the right mood. Here are Waylon and Willie singing Mamas Don’t Let Your Babies Grow Up To Be Cowboys.

In Winston-Salem, North Carolina they held a parade against saggy-pant wearing youth. Yes you read that right, it's sort of a fashion statement parade against offensive clothing. Follow the link to read the story. 

Legal cases about clothing aren't new. Here in Iowa we've gone all the way to the U.S. Supreme Court arguing about what school children should be permitted to wear. You may remember Tinker vs Des Moines. Full Opinion.

Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) was a decision by the United States Supreme Court that defined the constitutional rights of students in U.S. public schools. The Tinker test is still used by courts today to determine whether a school's disciplinary actions violate students' First Amendment rights.

And just last week a judge in the Waterloo area ruled against a school disctrict that created a more formal dress code for school children. The public is wondering about what the Constitution says that is allowing Judges to tell us how to dress and who we can marry. Maybe the public will have to pick up a book about the U.S. Constitution.

But let's get back to the saggy bottom boys. There is actually a history behind sagging pants and the fad that followed. It all started in prisons where belts aren’t allowed and losing weight made the prisoner’s pant's sag. Droopy pants, saggy pants or sags, call it what ye may; it’s all about a fad started by prisoners.

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Iowa Horse Racing Grows Up

Postcardbw horseracing.jpgIowa has its first criminal charges being filed for allegedly cheating at a gambling game. The charges stem from allegations of what used to be referred to as juicing horses before a race. After all, with horse racing it's just a matter of time. 

Having grown up in Rhode Island during the 60’s and 70’s I’ve seen and heard it all. When in the 1980's Iowa started down this road with the lottery and then pari-mutuel betting I knew time would get Iowa to where Rhode Island had been and since then I've been waiting for these stories to appear in the news. Narragansett Race Track was Rhode Island's track. It had its criminal enterprises actively engaged at the track. The Gansett was formed in June of 1934 immediately following the legalization of pari-mutuel betting. The horse barns held 1,650 horses. At a cost of $1.2 million dollars Gansett was built on an old airport. Seabuiscut ran at Gansett as did War Admiral. Mickey Rooney, Jack Dempsey and other celebrities visited the park. Watch this video and you’ll learn about how the National Guard was called in to assist the governor in closing the Park after accusing the Park President of shady practices or corruption. Two fires caused the death of 23 horses. The Gansett finally closed September 4, 1978. That was a 44 year run. After it closed the Gansett was purchased in 1979 by the City of Pawtucket to be cleared for an industrial park. I predict that will the fate of Prairie Meadows.

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Gun battle at the OK-Corral Pharmacy

Yellow doctor with needle syringe.jpgSome would-be robbers came into a pharmacy in Sacramento County, California  armed and dangerous. Apparently one of the pharmacy workers decided to play hero and started shooting at the robbers. The battle ended with the armed worker being shot and killed; while another worker, who was pregnant, got shot in the foot.  Welcome to the wild west. When store clerks who are being robbed start to shoot back they either end up on the six o'clock news as heros or in the morgue. It's probably not a good idea to pull a gun out and try to play hero.

But, any clerk shot while on duty more than likely has a workers' compensation claim. You might wonder why, well it has to do with the employment creating the increased risk of injury.

Previously I've written about work related injuries caused by gun shot and how it is a compensable claim. Many times injury by gun fire results in medical and pyschological treatment for post traumatic stress disorder, a psychiatric workers' compensation claim. All that being true still you shouldn't take out a gun and start shooting at the criminals.  Look at what happened to this poor man.


If my husband is murdered at work can I collect Iowa workers ... Jun 14, 2010 ... Allegedly the man didn't like being told what to do and it's reported he came back and shot the worker. If I assume that's true, ...
www.lombardilaw.com/.../if-my-husband-is-murdered-at-work-can-i-collect-iowa-workers-compensation.cfm
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The Lombardi Law Firm Blog | Lombardi Law Firm

City lawn worker suffers serious injury in rollover lawnmower accident .... There is no mention of whether his gun was a shotgun, so there's not way of me ...
www.lombardilaw.com/blog/index.cfm?page=4&keywordid...
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The Lombardi Law Firm Blog | Lombardi Law Firm

Is the wife entitled to receive workers' compensation benefits? ..... A spokesperson for the department stated that when a shotgun is stored it's not ...
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"What's my case worth?" SCAM

35_2.jpgThere is a scam being played out across the Midwest having to do with a quick confidence game involving lawyers, a potential client and law suit funding companies.

The scheme coming out of Kentucky purports to involve a “high dollar car accident injury” with the potential client promising to quickly hire the lawyer. The lawyer mails the initial sign up documents and shortly thereafter starts receiving telephone calls about the claim. Before a contingent fee contract is ever signed the lawyer finds himself talking to companies that either fund or purchase law suit settlements. The contract to hire never arrives and the purported injured client never materializes; the money disappears and the lender/purchaser learns a tough lesson.

The focus of the scam is law suit funding. The scam artist gets the money for a claim that doesn’t exist. Those companies that lent money to injured people or those purchasing the rights to the settlement proceeds get bilked out of any monies extended to the man. It’s an old scheme that focuses on the assumption that greed will make lenders and lawyers, do dumb things.

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It's Monday Morning PI Roundup in Iowa

This morning is Monday Morning Roundup of the personal injury news from around the State of Iowa. Let us see how Iowans are getting seriously injured or killed.

Gay Non-News - Bob Vander Plaats continues to distract voters with his efforts to get attention by blaming the Iowa Supreme Court for God’s work in making people gay. Now he’s saying the Iowa Supreme Court should have sent the issue to the Iowa Legislature rather than decide the controversy before them. Bob, Bob, Bob this isn’t all that difficult an issue. The Iowa Legislature passes laws and the Courts decide controversy’s interpreting or applying those laws. It’s basic civics 101 from high school. You did go to high school didn’t you? Next he’ll be advocating gay counseling to un-gay them.  I’m beginning to wonder why Bob is so interested in this subject.

Spencer, Iowa – The debate between Agriculture Secretary, Bill Northey and his challenger Francis Thicke involved a lengthy discussion about the egg recall, how it has affected Iowa’s reputation and how to change state regulations to protect consumers.

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Iowa's government just discovered the unemployed are unhappy. Ya don't say?

In Iowa’s economic news the Iowa Workforce Development office tells us that those people without a job are for some reason just not optimistic. Really, you mean those who have been without a job for over a year aren’t optimistic? I would have never guessed they could be despondent. I wonder why? It makes me wonder if the government will hire a consultant to see if this no-brainer is accurate. Certainly someone in government knows experts who for a half million dollars can study the situation and opine about the unemployed’s lack of optimism.

Tragically Unemployed Episode 1

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Calling all lawyers! You can earn $871,000 mowing the VA lawn in "Ft." Knoxville, Iowa.

1271469817VmH18s.jpgA friend of mine from New England was bidding for government work. He’s been out of work for several years and he’s an honest guy so his bids were accurate and came in very reasonable. For some reason he wasn’t getting the work. He wondered if his bids were too high so he sharpened his pencil and added more detail to his bid. Still no work was awarded. He wondered what was he missing, because after losing the bid he would get contacted and then hired as a subcontractor for the guys who were awarded the bids. It became obvious that he knew more about the cable industry than the guys winning the bids.

His problem is he doesn't really understand the government bid process because he is ignoring the multiplier rule. This rule has to do with how government workers think. Keep in mind that it's not their money they are spending; it's yours.

Government Bid Formula: Whenever bidding for a gov't job always multiply a reasonable bid by three.

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Why in the equipment lease, is the "hell-or-high-water clause" such a royal pain?

Royal_Links.jpg

Most golf course owners who were a part of the Royal Links, USA hospitality cart advertising program lost a lot of money. Advertising that was supposed to pay for lease payments never materialized and the program eventually collapsed leaving the owners with making monthly lease payments amounting to over $20,000. It would not have been so bad if the owners hadn't paid $12,500 for what amounts to a Styrofoam cup with wheels and a canopy. It wouldn't cool if you didn't add ice and couldn't keep anything warm unless it was made warm. You could pull it behind a golf cart but it wouldn't move on its own. For $12,500 you could have purchased a fancy riding mower and pulled a $200 cart behind it with coolers filled with ice and at least you would have a useful piece of equipment.  Many of the leases required venue in Polk County, Iowa, which is why I became involved with representing golf course owners who were sued by the leasing companies after they refused to make the agreed monthly payment. And that's where we all learned about the hell-or-high-water clause.

Royal Links USA - Claim Form – Victim Impact Statement

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Would a Mitchell County Libel Suit Invite a Countersuit for SLAPPs?

Would it be libelous if I’d written: David Namanny in his editorial sticks a pitchfork in the backs of the Mitchell County Board of Supervisors!

HERE IS WHAT IS REPORTED TO HAVE HAPPENED

The Des Moines Register reported that the Mitchell County Board of Supervisors has asked its County Attorney Mark Walk to research a claim for defamation against the Osage newspaper, the Press-News and its editor, David Namanny. I tried to locate the actual editorial but was unable to find it online. I’m left with the story by CBS-2 New and the story, Mitchell County considers suit against newspaper, August 17, 2010. It may have all started when the Press-News published an editorial that said: "Looks like it's time to get out the pitchforks and head over to the county courthouse".

Yawn……. That’s not exactly a statement of fact; or a threat against any one individual or for that matter a falsehood. It sounds more like an opinion or hyperbole. Hyperbole is a figure of speech in which exceptional exaggeration is deliberately used for emphasis rather than deception.

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Why lawyers and judges need blogs.

02_2.jpgLawyers know squat-diddley about marketing; really we don't understand the concept. Judges know less and I'm guessing they will admit their lack of understanding. After all, they are an independent judiciary and don't need to market. Right? Is that right? If so why are the three that are doing their job under attack in Iowa? So I have to wonder, do they need to better understand marketing? Today let's discuss why lawyers and judges would be wise to appreciate at least something about Internet marketing.

We didn’t’ study marketing in law school and after graduating the business just came to firms where we are working as lowly associates. In days past, marketing was simply glad-handing at the Rotary Club or a round of golf at the local country club. For associates clients just seemed to show up at the firm's threshold.

Lately I've been asking myself, exactly what the brand is that binds us all together. The question comes up because of tort reform and because of people attempting to remove three Iowa Supreme Court justices over the gay marriage decision. The prospect of removal bothers me because these three justices have done nothing wrong; to the contrary they've done their job by tackling a tough issue. So I have had to ask what's wrong with this picture and what role if any does marketing play in being a judge.

Do judges have a brand that needs protection; if so what is it? What is its brand and how is that brand being both promoted and protected? Most judges believe they are above marketing; that their job has nothing to do with marketing a brand. That’s a lofty idea that in the case of the gay-marriage decision may need some rethinking and much retooling. After all judges are one of us; they are taxpaying citizens with families, friends and jobs. Like us they put their pants on one leg at a time. To understand what's going on with the judges we need to reflect on what happened with tort reform. So let's get back to the trial lawyers.

If the tort reform crisis of the 2000’s taught me anything, it is that the legal profession does have a brand and that I have an ethical obligation to protect it. Our client is our customer and they come to us with expectations that cannot nor should those exptations be ignored. If we ignore their expectations we run the risk of others marketing our brand for us by framing the issues in a way that is adverse to our clients and to our business model. Yes like it or not the court system, the U.S. Constitution, the Bill of Rights and your state constitution is a part of your business’ brand. Ignore it and others will promote your brand in a way that causes it damage along with our image.

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Forget Dams Bursting, Are Collapsing Bridges Next?

02_2.jpgThere seems to be a tidal wave of legal questions swirling in the murky waters of Iowa lately. The more rain we get the wetter are basements and legal briefs. The wetter that basements get, the more that claims will be made to insurance companies. The more claim files grow, the more important it is for the insurance industry to protect the float through delay and subrogation. 

In every insurance cubical you can read two wall hangings that remind the troops of their mission:

Delay and subrogate!

From the bursting dam at Lake Delhi, to a failed levy to our west and flood waters rushing over the banks of too many of Iowa's rivers, the Courts can expect and onslaught of water-related property damage cases. 

When it comes to Lake Delhi the homeowners talking to claim adjusters those homeowners might as well be living in New Delhi, India. After talking to your insurance agent and adjuster you'll think the people on the other end of the phone call were in one of Dell Computer's customer "dis"-service call center in Mumbai, India. You'll be sctaching your head and thinking the Tower of Babel might be easier to figure out.

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Did the condo board just toss you a live grenade?

35_2.jpgWhat's wrong with this picture? Your daughter says she just bought a car from the local used car dealer; she's already signed the papers, but never drove it and never even thought of looking under the hood to see what the engine looks like. She tells you she spent $10,000 buying it. What do you say to her when she asks you if it is a good deal?

Well, being a father I can imagine what you're thinking. Hang in there with me for a moment because this is really about you. As a lawyer let me ask you a question: How is her buying that car any different than the what most of us do when buying a condominium or a townhouse?

The "normal" way people buy a condo or townhouse.

The real estate agent shows you a condo or a townhouse and tells you all about what a good deal it is. They provide the bare bones disclosures required by law and you make an offer to purchase, negotiate and then buy it. You did all of that without knowing anything about the financial well-being of the homeowners' association. (HOA) All the while you want to trust the integrity of the realtor. You paid for professional services, which you assumed meant the realtor was there to protect you; but were you protected?

Did the realtor protect the buyer or the seller? Who protected you the buyer?

Let me be of some assistance with your next purchase, because there is big trouble coming for many HOA boards and chances are it will be dropped right on your doorstep. There is a lot of flooding going on in Iowa and it provides a good opportunity to explain to you a defect in the way you buy real estate.

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Where is your good neighbor now?

146_1.jpgDon’t you hate lawyers? After all aren’t the lawyers responsible for all those frivolous lawsuits? Here sing with me. Rain, rain, go away come again another day. Many Iowans with some form of water damage are mad and will probably be madder after they speak with their good neighbor or the guy who they are supposed to be in good hands with; your homeowner’s insurance company. They will call the lawyer right after the homeowner finds out that their good neighbor isn't so good or that they aren't really in a pair of good hands.

For 8 years I tolerated listening and reading about tort reform and today I’m here to remind you why it made no sense then and won’t to you today. Eight years is a long time to listen to it because lawyers know what happens when you file claims under your insurance policy. We knew sooner or later you would have to call the lawyer.

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Homeowner Flood Victims Told by Insurance Companies, Sorry You're SOL.

Earth floating on water.jpgThe flooding in Iowa is too almost Biblical proportions. We are so tired of rain, rivers overflowing their banks and dams breaking, that the idea of buying a boat and moving north to a lake is looking pretty attractive to most of us. So what are Iowans with flood damage supposed to do when insurance companies tell them there is no coverage? The answers may surprise you when you find out this is going to turn into an expensive lesson for many people.

I haven't had such a case in my office so I'm not sure of the exact issues, but some questions come to mind. Is a dam breaking a flood or is it a man-made catastrophe of another kind that is covered under most homeowner’s policies? And what about if the levee breaks; will that be covered?  I understand a river coming over the banks is probably water damage by flood, but a dam or levee breaking? Seems like a different animal to me. In these two instances you have a man-mad failure as opposed to a weather condition. Is one a flood and the other a casualty?

Damage Often Needs Separate Coverage From National Program, August 13, 2010

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Stop trying to talk like a TV lawyer!

OneL_med.jpgToday in the email bag was a question and although it’s a bit before 7:00 a.m. as I’m trying to understand what the person is asking me I have to wonder if I’m 30-years younger and going through the experience of once again being a 1-L. A 1-L is how we refer to first year law students. Scott Turow made a similar term popular in his book by that same name. Here is the question. Read it and see how far you can get before scratching you head and wondering, “What is he asking me?”

If a company providing services, in which those services are paid for and terms of service are placed in which the paying parties have signed an agreement to and said company does not deal with violators whom breech these terms of service where everyone is expected to adhere to in a timely fashion. Is said company in breach of contract due to negligence of protecting those very people who agreed to said company's contract?

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When it comes to nature is it still true that Mother Knows Best

Have you ever seen a lake empty in a matter of minutes? Remember this isn't some third world country, this is America. Sorry but the news story link feature wouldn't allow a direct posting so follow the link.

http://www.desmoinesregister.com/article/20100726/NEWS/100726001/1001/

7/24/10 - The dam fails in Delhi, Ia. on Saturday July 24, 2010, sending damaging flood water down the Maquoketa River.

http://link.brightcove.com/services/player/bcpid36249172001?bclid=0&bctid=241739799001

I have to wonder where were the whistleblowers before the dam broke?

Where is Tim Russert when we need him most?

800px-Tim_Russert.jpgI can always tell when FOX’s ratings are slipping because the producers decide it’s time once again to pick a fight with lawyers who help the injured. Either that or my Republican Party needs campaign contributions and they are going to stir up the doctors to get out their credit cards. I read the teaser on FOX titled, This Week’s Show: Parasitic Tort Lawyers,  and see it’s about medical malpractice and how evil some lawyers are for assisting patients to legally file a lawsuit. Oh my! I think the sky is falling. Frankly I’m not going to watch or read anything more than the teaser because the doctor says my blood pressure is already too high as it is. So this morning I’m sitting in front of the computer writing this blog since I know of no cheaper form of therapy.   I have to tip my hat to FOX, because they really know how to sell ice cream to the public. FOX treats news as if there are flavors of the facts; like Baskin Robbins has 32 flavors of ice cream.

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How can law school graduates find employment?

Whoever came up with the idea of a wallet fitting in a back pocket must have known something we’re forgetting.  Sitting on your wallet is a constant reminder of how that money is made.  Maybe that was the reason why for most men’s wallets were designed to fit in our back pockets. Here allow me to make my case for the American dream.

One day last week the American dream walked in the front door of my office, sat down in front of my desk and tried to export the law firm’s earnings.  And that reminded me once again why the American dream is just that; a dream.  The Yellowbook representative stopped by to sign next year’s contracts for advertising the law firm.

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Reprint: If Lawyers Acted Like Priests We'd All Be In Trouble

Liverpool.jpgAll of this starts with two farmers, a gun and one ends up dead. The dead farmer's wife and estate sue the other farmer and are awarded a large judgment; one that includes millions of dollars in punitive damages. But the widow and estate have a hard time collecting the judgment because of estate planning and how the assets are held. The widow asks the Iowa Court to set aside the legal planning and to give her title to the assets as the transfers were made in anticipation of a judgment; reasonable minds might conclude from the article that the record indicated these transfers were done hastily just after the murder took place and before any criminal charges were filed in the murder case.

Then an editorial appears in the Des Moines Register saying the Iowa Bar Association's ethics committee should investigate the lawyers who's ethics allowed them do the estates and trust planning. The words used are "shell game". My understanding of the writer's point was that lawyer ethics should not allow lawyers to do such things. I'm sure this is a popular notion, but in reality it's a totally unrealistic point of view. Here is why.

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When politicians have no solution; they resolve to create distractions.

When it comes to wasting court and government resources no one need point the finger in the direction of injured people. Yelling for tort reform is the mantra of idiots who want nothing more than to protect the insurance war chest. This story from our neighbor to the south is about knowing how not to create jobs. I’m not sure why the proponents would choose a recession to argue for this one, but their opponents have the numbers. So let’s see what government waste is on the recent agenda of those who will waive the flag while flushing this country down the toilet.

It’s a war of words to divide and conquer.

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Who in Iowa goes to a parade to be stampeded by horses?

The Fourth of July parade in Iowa’s Bellevue was upended when runaway horses trampled 24 people, killing one and injuring the other 23. It is said to have to do with the bridle of one horse rubbing another. The driver lost control and the rest is history.

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They will loudly proclaim that no one should sue! No way, no how; after all that would be un-American! Wouldn't it?

Well that’s exactly what I’m going to suggest. After all who considers going to a parade to get killed or maimed by a stampede of horses? Hell, no one does. To those who say horses do unexpected things I say, so what, who cares and what difference does it make that a horse acts without reason? The object that acted without control was entered into a parade and within a few feet of people sitting in lawn chairs. And, it was predictable.

Think this is the first time horses have stampeded the crowd at a parade?

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