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I awoke this past Friday morning to a Facebook post by a former colleague from my time at the West Virginia Supreme Court of Appeals and was deeply saddened to learn of the passing of Justice Elliott "Spike" Maynard. That sadness, however, was quickly replaced by a flood of fond memories of the gentleman who welcomed me from the minute I began my tenure at the Court and with whom I had shared countless laughs and our fair share of spirited disagreements over the law, sports, history and life in general. Regardless of the circumstances surrounding his departure from the Supreme Court or my disagreements with some of his legal decisions, I will always be grateful to have known Justice Spike Maynard the man. I think the post from which I learned of his passing said it best: "As a former employee of the Court, I have been asked many times what I thought of Justice Maynard. Everyone always wanted to hear something salacious, but all I could ever say was that he was incredibly kind to me." There is no doubt in my mind that this sentiment has been echoed by many in recent days. When I arrived at the Court in February 2005, we were the new kids on the block and there were some who were not happy that we were there. Not Justice Maynard. He went out of his way to make me feel welcome and to offer whatever assistance he could provide to acclimate me to the Court and its procedures and policies. He took time to get to know me as a person and always, always treated me with respect even when we disagreed over legal philosophies and decisions. Justice Maynard treated everyone he worked with, from his fellow Justices, to the other Justices' staffs, to the clerks, to the administrative staff with respect and dignity. No job was too small to be deemed insignificant or trivial. Everyone contributed to putting forth the best possible product and no contribution was too small to be acknowledged or recognized by him. In the nearly four years I worked at the Court during his tenure, I do not believe I ever heard him raise his voice or say an unkind word to any Court employee. Justice Maynard was part of a group I had lunch with often, which afforded me the opportunity to get to know him as a person, develop a friendship with him and appreciate the fact that he truly was a kind man who cared about those around him. I was always amazed me that he would know the names of our waitress or waiter wherever we dined and would ask them specific questions regarding their lives or families because he had taken the time on previous visits to get to know the individual as a person. Over the years, Justice Maynard would make an effort to cheer me up if he saw I was having a bad day, offer advice on men or simply make a nice comment on a new outfit I was wearing. He was the first to offer fatherly advice. Justice Maynard was an example of the philosophy that regardless of your position in life, you should treat others with respect and kindness and regardless of another's position, they are worthy of your respect and kindness until they do something to prove otherwise. Justice Maynard was extremely proud of his military service and truly loved his country. The stories he would tell were always entertaining. He loved history and he loved the law. He was also extremely stubborn. One of my favorite memories of Justice Maynard was an argument we had over lunch one day over my ancestry. Yes, we argued over my ancestry. We were having a discussion about family histories and I stated that I was a third generation American as my great-grandparents were Lebanese immigrants. Being the stubborn and literal person that he was, Justice Maynard argued that was not possible because Lebanon did not exist at the time my great-grandparents immigrated to the United States. My response was that I only knew what I had grown up knowing my entire life - we were Lebanese. This discussion just happened to be on a day that the Court was holding oral arguments. Before he returned to the bench that afternoon, Justice Maynard took the time to print information off of the internet about the Republic of Lebanon gaining independence in 1943 and to bring to me in my office to prove his point. I could only shake my head and laugh. Once Justice Maynard took a position, he stuck with it. He would argue his point relentlessly but never did so in a mean, derogatory or insulting way. He would listen respectfully to my side but would stand steadfast on his. Many times, particularly with legal arguments, in the end we often just had to agree to disagree. Whether you agreed with Justice Maynard's legal decisions or politics or not, those things alone do not make a man. I was there during the last years of Justice Maynard's service to the citizens of West Virginia and while I did not always agree with him, I can say a few things with absolute certainty. Justice Maynard loved West Virginia. Justice Maynard loved America. Justice Maynard loved the law. Justice Maynard was always kind and respectful to those around him. Justice Maynard will be missed by those who had the privilege to know him as a person and those who had the privilege to work with him, including me. Rest in peace Justice Maynard.

Despite less than desirable sanitary accommodations, sleeping concrete floors with open windows, larger than life bugs (they'rehuge!), and bathing outside in a make-shift shower, I am excited to say I will be returning to Honduras with some folks from my Church this summer. Through the Baptist Medical & Dental Mission International ( www.bmdmi.org), we will again be ministering to the medical needs of the less fortunate people in the mountains of Honduras. This year, part of the team will help with the building a church in the small village of Maraita! I will go with a different perspective than last year. I will make a better attempt at communicating with the local people on an individual, personal basis, even though I don't speak their language. I will be content with the bathroom facilities. I will offer to help in the kitchen. I will not complain if a rooster decides to crow at midnight, 2 a.m. and 4 a.m. (he was really confused). I will try not to be overly concerned about a bad hair week and I will confess my blessings daily. After seeing the poverty and need first hand, I know that a short term effort like ours will hardly make a drop in the bucket. We won't be able to fix everything. But yet we still go and offer help, free medical services and, hopefully, introduce them to a loving God. Truthfully, I have no skills to offer -- medical, trade or otherwise. I don't possess communication skills either. So what do I have to offer? I give my time, my service and the love for Christ. As we serve the Honduran people, we become the hands and feet of God. They will still live in poverty after we leave, but I know one thing for certain - through hearing the Gospel preached, they will encounter a loving and merciful God and HE can change their world. We're just along for the ride -- Jesus is the One doing the work.

Mandatory arbitration clauses are mainstream and can be found buried in the fine print of virtually any consumer agreement. By virtue of buying a product or service, consumers are forced without warning to give up their right to go to court if they are harmed by the company providing the service or goods. For example, cell phone companies may obtain their customer's consent to arbitration through fine print clauses that assume consent when a cell phone is turned on and used by the consumer. Unfortunately, these tactics work in our current legal environment. No longer does a consumer even need to sign a contract to waive their constitutional right to go to court. Why is this important? In arbitration, there is no publicly accountable judge, jury, or right to an appeal. The arbitrators are not made to follow the facts or the law, and there is no public review of decisions to ensure the arbitrator got it right. Moreover, contracts typically name the arbitration firm that must be employed. That arbitration firm is typically one preferred by, if not beholden to, the company. In fact, these arbitrators have an incentive to favor the company, as they want to continue to be given repeat business by them. Most importantly for corporate America, arbitration is now being used to legitimize broad class action arbitration waivers in all types of consumer agreements. The practical effect is that companies now use forced arbitration clauses to eliminate the ability of consumers to band together, which is often the only means for consumers to vindicate their rights. Arbitration is quite simply a "get-out-of-jail-free card" for corporate America. General Mills, the maker of iconic food brands such as Cheerios and Betty Crocker, recently sought to cash in on the windfall that is arbitration. It quietly added new terms to its website that required consumers downloading coupons, "joining its online communities" (i.e. liking it on Facebook), participating in sweepstakes and other promotions, and interacting with General Mills in a variety of other ways to agree to arbitration in lieu of suing the company in the event of a dispute. Those terms, which were quickly exposed by The New York Times, were widely debated and berated by consumers on social media last week. Consumer advocates from across the country joined in by organizing a letter writing campaign to Congress. And, in a stunning about-face that took place over only a few days, the industry giant announced the withdraw of its controversial plan to make consumers give up their right to sue it. Public sentiment was so strong that General Mills had no choice other than to beat a hasty retreat and let consumers know that their voice was heard and their rights would not be eliminated. American consumers should be proud. No legal argument against arbitration has ever been this effective. The U.S. Supreme Court on the other hand should take note of what it has created. Unfortunately, its cases over the past decade have emboldened corporate America to pull these types of "fast-ones" on the public at large. Leaving, poor publicity as one of the few and, perhaps, the best weapon against forced arbitration. Unfortunately, General Mills still does not get it, claiming on its website "arbitration clauses don't cause anyone to waive a valid legal claim. They only specify a cost-effective means of resolving such matters. At no time was anyone ever precluded from suing us by purchasing one of our products at a store or liking one of our Facebook pages. That was either a mischaracterization - or just very misunderstood." To the contrary, General Mills -- your tactics were very much "understood" by your consumers. Our thanks to the New York Times for breaking the story and the thousands of advocates that so enthusiastically banded together to act swiftly and protect the rights of millions of consumers to obtain a jury trial, when necessary. --- Now, Congress it's your turn.

When our first daughter was born my wife and I decided that she would take time off from work to stay home. My wife was a teacher, and a very good one at that. She graduated from West Liberty in 2004. While she would never brag on herself, I will. She was actually the school wide co-valedictorian and the top graduate from the education department that year. She then went on to get her Masters in reading at WVU. While she was obtaining her Masters she worked with the Kaleidoscope program in Monongalia County. She was also fortunate enough to meet a very dashing, charming and handsome law student. While my wife loves staying at home, she devoted so much time to her education and her job that she needed to do something outside of the home in order to retain her sanity. In 2011 she got the opportunity to work as a Service Coordinator with an early intervention program called West Virginia Birth to Three. I, like many, had never heard of this program, but some form of it exists in every state. The program is administered by the West Virginia Department of Health and Human Resources along with the Bureau of Public Health and other organizations and is funded, in part, by the Individuals with Disabilities Act. West Virginia Birth to Three is an early intervention program that is designed to provide services to children in West Virginia who are under the age of three that have developmental delays in any of the following areas: cognitive development, physical development, communication development, social and emotional development and adaptive development. Children with certain diagnosed conditions are specifically eligible. In order to qualify, a child must first be referred to the program, which can be done by calling 1-800-642-9704 1-800-642-9704. While many referrals are made by pediatricians, anyone can make a referral. At that time, the child's family will be notified of the referral and will be asked if they are interested in working with the program. If they are interested an interim service coordinator meets with the family, discusses the child's needs, and sets up evaluations with specific practitioner (ex. speech therapist, physical therapist, etc.). After the evaluations are completed, a meeting is held to determine if the child is eligible for services. If eligible, the WV Birth to Three team works with the family to write goals that are specific to the child and determine what practitioners are needed to help reach the goal. The practitioners are all licensed and trained experts in their fields and many are the same therapists and counselors you would see if you went to the local hospital. Under the Birth to Three program, however, those therapists will actually come to the child's home on a regular schedule. The frequency of the sessions is primarily based on the child's specific needs. The therapists not only work with the children, but teach the family and care givers the things that they can do to help their child. The sessions can continue until the child turns 3 and transitions into another program such as public education, Head Start, or out-patient therapy or until the child no longer demonstrates the identified delays. There are many wonderful aspects to this program. As previously mentioned, WV Birth to Three comes to the family. All services are to be held in the child's natural environment (home, daycare, etc.). Furthermore, the program is not based on any financial requirements. Any child from any socio-economic class or home environment will qualify if they have the requisite delays. The overarching idea is that early intervention for development delays helps children overcome those delays and reach their fullest potential. The result is more children who are prepared to succeed in school and beyond. In addition to direct services for the child, the program also links families to needed community resources. These linkages include everything from accessing child care and transportation to finding support groups within the community to finding educational opportunities for the family and much more. Many people, however, may not be aware of this helpful program. Anyone who believes that a young child may need intervention services can make a referral to the program. The program is administered locally by Regional Administrative Units. The Region 1 RAU covers Brooke, Hancock, Marion, Marshall, Monongalia, Ohio, Tyler and Wetzel Counties in Northern West Virginia and is located at the Catholic Charities building in Wheeling. Programs like West Virginia Birth to Three receive little fanfare, but their reach is wide spread. Early intervention for development delays of any type is essential to help children reach their full potential as adults. When children reach their full potential there are fewer people who need services and assistance as adults. A little money spent now prevents a lot of money from being spent later. These days we have many arguments about the legitimate reach and size of government. Funding for programs like Birth to Three, however, is something that we should be fighting to preserve and support. The 2014 legislative session in West Virginia saw a significant cut in funding moving forward. I believe that was a mistake. If we don't take measures to protect and assist our children at an early age, we will spend more time and resources assisting or supporting them as adults.

Late last week, an audio recording was released in which the owner of an NBA team is heard making a series of racist comments to his girlfriend. The owner, who I won't name simply because I don't like giving even a millisecond of additional publicity to people like him, was heard telling his girlfriend that he didn't want her bringing black people to his team's games. Seriously. This man, who makes millions upon millions of dollars each year due in large part to the work of black men (around 70% of NBA players are black), coached by a black man (Doc Rivers, a certain NBA hall-of-famer), doesn't want his girlfriend being seen in the company of black men. Wow. Every time I read about a person making this sort of statement, I begin to wonder about whether the whole "freedom of speech" concept should be reined in just a bit. I think of how conflicted a black soldier must feel when he reads the latest racist rant in the media and realizes he is putting his life on the line every day to preserve the freedom of people who feel he is less of a man than they are. I think of the emotional pain inflicted upon grieving family members when the funeral of a loved one is picketed by members of the hopefully now defunct Westboro Baptist Church, carrying signs espousing their twisted, vile, hateful beliefs. Media reports suggest the man charged in the recent killing of three innocent people at a Jewish Community Center was a white supremacist, spurred on in part by a torrent of hate speech he read on a white supremacy website. The list could go on and on. The point is that speech can cause real damage, all the way from emotional harm to death. Would it not, then, make sense to try and limit the harm caused by such ignorant rants? Can we not draw the line, as is done in many other countries (Israel, for example, bans certain types of anti-Semitic speech), at hate speech? Each time I go through this mental debate, I arrive at the same conclusion: we cannot, and we should not, place limits on speech of any sort. Although the First Amendment has obviously been a part of our heritage for a long time, freedom of speech really came to the forefront during the Civil Rights movement in the 1960's. Attempts by some states to punish civil rights leaders who were seen as advocating "revolution" in the United States consistently failed when evaluated in the light of the First Amendment. The same First Amendment protections have been applied to women seeking equal rights in a male-dominated society, and to gay/lesbian couples seeking the same rights and protections as those guaranteed to heterosexual couples in our country. Once a person considers the history of free speech in the United States, the fact that it should remain in place exactly as it is, without limitation, becomes clear. We have to look deeper into the reason for free and open speech, well beyond the fact that it allows a person to express whatever opinion he or she may hold, regardless of how offensive it may be. We must recognize it is through free speech that racist and homophobic beliefs are exposed to the world as the ignorant ravings they are. The suppression of such thoughts only causes them to grow; hate and ignorance fester like an infected boil in the dark, damp corners of the minds that harbor them. It is only through bringing these opinions into the light of day that they can be evaluated, dissected, and ultimately silenced. Free speech can cause a tremendous amount of pain, anguish, and heartache, yet it is an invaluable part of our society. Voltaire had it right when he said "I disapprove of what you say, but I will defend to the death your right to say it." And so, I close with my own little bit of free speech, directed to Mr. Sterling: You, sir, are a foolish, and soon-to-be-irrelevant, bigot.

The Mine Safety and Health Administration has finalized a regulation for how much coal dust coal miners can be exposed to while in coal mines. Reaction was swift to come from all quarters, with leaders like West Virginia Senator John Rockefeller saying the rule did not go far enough to protect our coal miners from black lung disease. The Senator said: "While this is a big step forward, it is by no means the end of our fight to eradicate this scourge of coal miners," Rockefeller said. "And, just as important is our effort to provide healthcare and financial support to those who are already suffering. I'll do all I can to make sure these miners and their families get the benefits they need and so rightfully deserve." But others had a decidedly different view, with one coal company claiming it would immediately sue to prevent the new regulation from going into effect. The company said that "this rule clearly seeks to destroy the coal industry, and the thousands of jobs that it provides, with absolutely no benefit to the health or safety of miners, whatsoever." How can we know what to believe when a comprehensive rule making process, including input from all sides and reflecting the views of top doctors and scientists, is pitted against expert industry groups, with each side saying exactly the opposite thing about what's going on? Well, consulting history is one way to start. First of all, it's important to know what we're talking about when we talk about black lung. The Gazette recently explained the disease in plain English: "Black lung, or coal workers' pneumoconiosis, is actually a collection of debilitating and potentially fatal ailments caused by breathing coal dust. Miners inhale tiny dust particles that are released into the air by coal-cutting machines. As the dust collects over time, lungs become black, scarred and shriveled. Miners often develop a cough, or shortness of breath. Frequently, as the most serious and fatal forms of the disease progress, miners have to fight for every breath." Over 75,000 coal miners have died from black lung since 1968. The coal dust rules have not been changed in almost thirty years. In that time, as West Virginians know, the mines have become ever more heavily mechanized, with more machines and fewer miners in the ground, as companies try to mine more efficiently and profitably. But the better and faster the machines, the more coal dust there is in the mines and the finer the particles are - smaller particles can get around and through filters more easily. Moreover, the deaths of so many miners has allowed doctors to extensively study the disease and its causes - a somewhat sickening byproduct of the huge number of cases. In fact, some university doctors focus their whole careers on the causes and treatment of the disease. One such doctor, Robert Cohen of the University of Illinois, lauded the new rules, calling it a "huge step forward." But at the same time, some are attacking the rule, saying that the coal dust levels prescribed "cannot be achieved by existing technology." And it's reasonable to think that industry sources would know what they are and aren't capable of. So are we improving conditions for miners, or "killing jobs?" Again, to understand the industry stance, you have to look at history. In 1968, in Farmington, West Virginia, the No. 9 coal mine exploded, killing 78 miners. The bodies of 19 of those miners have never been recovered. The disaster sparked national outrage and a movement to establish some basic regulations of coal dust in the mines, to protect miners from such death and destruction. A recent book published about No. 9 explained the coal industry reaction to the desire of the widows and the lawmakers to rein in the company practices that led to the explosion: The coal industry wanted no regulation. Coal companies did not want to pay for equipment to measure dust levels or adopt new practices that would minimize dust. Cloyd D. McDowell, president of the Harlan County, Kentucky, Coal Operators' Association, argued that a lung specialist from Great Britain had told doctors at a UMW hospital in his state that breathing coal dust alone would not cause black lung disease. 'Coal dust per se may or may not be harmful to the health of miners'" 'arbitrary.'" No. 9 at 130-31. Of course, coal dust is the direct cause of black lung, and Mr. McDowell and his English doctor friend were much more concerned about the health of coal company profits than they were about the health of coal miners. Another coal company executive named James Garvey proposed "more studies" and claimed also that there was no proof that coal dust being breathed, day-in and day-out by miners, was the cause of black lung. And even a West Virginia Senator, Randolph Jennings, who had always catered to the coal industry's needs, questioned whether the Congress would pass any regulation of coal dust at all. He was worried about the "economic effect" on coal companies. So what we learn from history is that it repeats itself. No matter what scientists or doctors propose to protect the health and safety of coal miners, the industry is always against it, whatever the regulation happens to say. The quotations in the paper today from coal companies and their patrons in government could be exchanged word for word with what they said in 1968 - "too expensive," "not feasible." This was their position in 1968 when mass deaths from black lung and mine explosions were occurring and it remains true in 2014. The experience is not unique to coal. Not all that long ago in our nation's history, industry said that asbestos was safe, tobacco was healthy, and that seatbelts were dangerous. As Upton Sinclair said "It is difficult to get a man to understand something, when his salary depends upon his not understanding it." Mesothelioma, lung cancer, and thousands of roadway deaths taught us that industry was not telling us the truth. Labor Secretary Tom Perez had a good response to coal company claims that the issue requires more "study". As he said, "We have, quite literally, studied the issue to death. ... We have the tools to prevent this devastating disease. Now it's time to muster the will to do it." The time to act has indeed come for the people of this state and this country, but history tells us that for some, the time to do better for our miners never comes. It's always around the corner, past the next industry study, or after industry has sued the government to void the rules. So we can be glad that, however haltingly, however belatedly, MSHA took some action to make our miners safer. Now that the rule is final, the companies can put some of the ingenuity they put into squeezing out profits into squeezing some more coal dust out of the air our coal miners have to breathe to bring coal up to us from underground.

Bordas & Bordas, a 16-attorney Wheeling, WV plaintiff's litigation firm is seeking an experienced legal assistant/paralegal/secretary. Salary commensurate with experience. Excellent benefits offered. Send email with resume to receptionist@bordaslaw.com or fax to 304.242.3936 in order to apply.

Sometime before the end of this month, our new office in Moundsville is going to be up and running. The opening of that office will be something of a homecoming for me, as life and marriage took me away from my hometown for the past 13 years or so. Last week, I was down in Moundsville with Jim, Jamie, and the rest of the Bordas & Bordas "family" that will be staffing the new office, filming some new television spots. For those who have never been involved in a professional video production, it's generally 5 or 10 minutes of action followed by 45 minutes of sitting around while the crew sets and re-sets the equipment. During one of those 45-minute breaks, I got to thinking about all of the memories I had from growing up in Moundsville. For some reason, things that I hadn't thought of for years and years quickly came to mind, each new memory adding width to the smile that I'm sure had some of my co-workers wondering what in the world I was thinking about. It seemed the longer I sat and thought, the more old memories came flooding forth. I was surprised by how long it had been since I had thought of some of these things, and after several minutes of smiling and laughing to myself, I began to think that I didn't want to go another 20-30 years without thinking of these things again. So, I decided to do what my wife always tells me to do when I have things to remember: I made a list. It's a list I intend to keep, and hopefully add to as the years go by. I'm also hoping that in sharing it, I can bring a smile to the faces of some other Marshall County natives who may have forgotten what a tremendous privilege it was to grow up in a wonderfully unique community. So here, in no particular order, is a portion of my memory list: 1. Moundsville police officer Clyde Pettit cruising the City on his white Harley-Davidson motorcycle. It seemed as if every time a group of kids started thinking about doing something we probably shouldn't, Clyde and his motorcycle would make an appearance. 2. The sound of the whistle from the Fostoria Glass Works factory at noon and 4:00. That whistle always told me when it was time to get on my bike and head back to school after the lunch break at First Ward. 3. Going with my Dad to Mercer's store on Seventh Street (where United Bank now stands) to get the latest Batman or Superman comic book. In the summer, Mr. Mercer always had fireworks for sale in the "back room". 4. The trip to see the Grave Creek Mound at Christmas, with the lights wrapped all around, and the lighted tree on top. 5. Getting "cracks" from Mr. Hubbs (First Ward) and Mr. Miller (Moundsville Jr. High). Mr. Miller had holes drilled in his paddle to cut down on wind resistance. Lots of us felt the sting of that paddle, and it didn't hurt a single one of us in the long run. 6. Playing basketball against the wall during recess at First Ward School under the watchful eye of Walter "Red" Wilson. He taught me to shoot free throws-underhanded. 7. Sled riding from the top of Sycamore Ave. onto Center St., all the way down to Mulberry Ave.. Five blocks, and we never had to worry about traffic. 8. The noon dances at Moundsville Jr. High (lunch was a bag of potato chips and a  carton of chocolate milk), and swim dances at the Spurr Pool. You know how certain songs take you back to a particular moment in time? "Crystal Blue  Persuasion" by Tommy James and the Shondells takes me to the swim dances every time. 9. Sitting at the soda fountain counter at Beam's Drug Store and ordering a cherry Pepsi. 10. French fries to go from Bob's Lunch, served in a brown paper bag. With gravy.  I still don't understand how that bag didn't disintegrate within seconds. 11. Fast-pitch softball games at the East End, with Frog Garcia, Herb Blake, Gary Bonar, Rudy Zatezalo (our Zak's father), Norm Whitlatch, and manager P.I. Drake. 12. Hanging out at Reilley's Bowling Lanes in Glen Dale until Francis would kick us  out because we weren't spending any money. 13. The dominance of the John Marshall wrestling program in the 1970's. I had absolutely nothing to do with the wrestling team, but they certainly brought a lot of pride to our school. Coaches Bill Hinegardner and Ed Dugas, along with guys such as Ron Griffin, Ed West, Scott Lehasky, Ron Koontz, Gary Dobbs, Mike Cain and many others kept JM on the top of the WV heap for all three of my years there. 14. The excitement of having a big-time Hollywood movie filmed in our home town back in 1970. Jimmy Stewart, George Kennedy, Kurt Russell, and many other big name stars were on hand. Several scenes from the movie were filmed in what is   now our Moundsville office. The mural from the movie, reading "Merchants Bank of Glory" has been preserved. 15. Last but certainly not least: Sam and Alexandria Shaw. How many times did Alexandria ride her bicycle to our school, camera slung around her neck, to take a picture that Sam would put on the front page of the Echo (right beside "The Wood family recently returned from a vacation at Blackwater Falls. A good time was had by all, and Dad caught an 18-inch trout.")? If there was anything you needed to know about Marshall County or Moundsville, Sam Shaw was the man you asked. Those memories sure do bring me a lot of happiness. Hopefully, some of you will share your memories of Moundsville in the comments section that follows this blog, so I can add to my list. I know there are dozens of things I haven't thought about. For now, I'm just happy in knowing that Thomas Wolfe was wrong. You CAN go home again. Hello, Moundsville. I sure have missed you. It's good to be home.

On April 21 Boston, Massachusetts hosted the 2014 Boston Marathon, a year removed from the tragedy of last year's senseless bombing. The Boston Marathon, which is the oldest continually run marathon in the world, is held every year on Patriots' Day, which helps to commemorate the bravery and strength of the first Patriots who stood up to King George at Lexington and Concord in 1775. The bravery, strength and resilience of those directly affected by the bombings last year help to remind me that the qualities possessed by those first Patriots are alive and well today throughout our great country. Americans don't run from danger. When those bombs went off in the crowds last year many of the participants in the race ran toward the sounds of the explosions to see what they could do to help the wounded. Americans don't hide in fear from terrorists. Despite the actions of a few evil individuals, we rally together as Americans to let those sick and twisted individuals know that there is nothing that they can do to break our spirit or stop us from celebrating the freedoms that we have. Our stadiums and parks are full of families enjoying their time together and I was proud to see that this year's Boston Marathon enjoyed record attendance. Americans don't forget. There is nothing that we could say or do to truly heal the families of the people who died in those explosions and we should keep those families in our thoughts and prayers this week just as we celebrate the resiliency of the community around them and its willingness to retake that finish line for all of the positive things that the Marathon represents. While the events of last year have a special meaning for people who live around Boston, we should remember that Patriots' Day is not just a Boston holiday. It celebrates the birth of our nation and symbolizes the fact that then, as is true now, we are and always will be ready and willing to stand up for freedom and against terror and tyranny. Happy Patriots' Day.

In March of this year, due to some new hiring and the need to shuffle office staff in our Wheeling office I, together with Attorney Jay Stoneking, Marilyn Bell and Attorney Jason Causey were recently transferred to our St. Clairsville office located at 106 East Main Street. As a lifelong resident of Wheeling, West Virginia, I have always perceived St. Clairsville, with old Route 40 running through the middle of it, as a sleepy little town with very little going on. I suppose that is mainly due to the fact that Interstate 70 runs parallel to old Route 40 in this area and the Ohio Valley Mall attracts most shoppers away from the downtown area. I expected the streets to be quiet and the stores and restaurants to be empty of people. Boy was I wrong! Maybe it is because our office is located right across from the Belmont County Courthouse that the traffic whizzes by my window constantly. There never seems to be a lull. The streets are lined with "no meter" parking spaces and signs that post two hour parking only, and a very busy meter maid walks the sidewalks frequently and marks the tires of the parked cars and then two hours later revisits the same area to ticket the offenders. The parking spaces outside our office are very rarely empty. When one car pulls out another takes its place almost immediately. With the many small businesses and restaurants that dot its Main Street I am here to shout out to our friends, clients and neighbors: St. Clairsville is alive and thriving and is definitely the pulse beat of Belmont County. Never will I mistake it as a "sleepy little town" again!

I grew up baptized and raised as a Catholic. I attended Catholic Schools and went to Stations of the Cross every Friday during Lent but now that I am older, it all has a much deeper meaning to me and I attribute that to understanding the Holy Spirit. If you want to find out what I am talking about, go see the new movie Son of God to find your Spirit. If you've seen the Passion of Christ you'll know exactly what I mean. The Stations of the Cross are much harder for me to bear now. Those images flash  through my mind, but I sure do appreciate what this is all about as I've  known all along from the Apostle's Creed, but now I understand. I no longer just say the words. I feel them and appreciate them: Apostles' Creed I believe in God the Father, Almighty, Maker of heaven and earth. And in Jesus Christ, his only begotten Son, our Lord. Who was conceived by the Holy Spirit, born of the Virgin Mary. Suffered under Pontius Pilate; was crucified, died and buried. He descended into hell. The third day he rose again from the dead. He ascended into heaven, and sits at the right hand of God the Father Almighty. From thence he shall come to judge the living and the dead. I believe in the Holy Spirit. I believe in the holy catholic church, the communion of saints, the forgiveness of sins; the Resurrection of the Body and the life everlasting. Amen. Why did this all happen? For you and for me. He suffered so greatly for our sins so that we would have a place in heaven. Appreciate this. My wish is for each and every reader to take a step back and look at Easter deeper this year. Find your Spirit and watch to see what a magnificent holiday this Easter season will be for you.

What if I told you that preventable medical errors were the third-leading cause of death in America -- behind only heart disease and cancer? That sobering statistic comes directly from a recent study published by the Journal of Patient Safety, which concludes that "the true number of premature deaths associated with preventable harm to patients was estimated at more than 400,000 per year." Take a moment to allow that statistic to sink in while noting that the study is not discussing just the number of deaths, or the number of deaths from medical errors that could not have been avoided. The study is talking only about preventable medical errors. Said another way, preventable medical errors account for "roughly one-sixth of all deaths that occur in the United States each year." As dispiriting as those statistics are, perhaps the most troubling aspect of the study was that getting a true grasp on the epidemic levels of malpractice was made difficult by what the author referred to as the "Wall of Silence" in the medical community. As the study stated in the starkest terms: "A recent national survey showed that physicians often refuse to report a serious adverse event to anyone in authority. In the case of cardiologists, the highest nonreporting group of the specialties studied, nearly two-thirds of the respondents admitted that they had recently refused to report at least one serious medical error, of which they had first-hand knowledge, to anyone in authority." Thus, it is reasonable to conclude that not only are medical errors out of control, the fact that so many doctors don't tell the truth about what is going on in our hospitals makes it difficult for us to identify the problems and fix them. If physicians and hospitals refuse to confront the issues facing them, what can we do? Ideally, the civil justice system would help us hold healthcare providers accountable for their errors. The rules applicable to civil cases would allow patients and their families who have been harmed by medical malpractice to discover the true nature and extent of what happened in a given situation and to seek justice in a public forum for their harms and losses. Unfortunately, however, a wide array of special privileges has been erected by the powerful insurance and medical industry that makes it hard for many families to seek justice. Something needs to be done to protect people in our hospitals. As another study published in Health Affairs estimated, one-third of hospital patients are victims of medical malpractice each year. I believe that we need to call on our health care institutions to honestly and seriously confront the dangers of medical malpractice within their walls. A good first step in the process would be to focus on accountability, transparency, and honesty when things do go wrong. I know from my experience representing families of those hurt or killed by medical errors that many of our issues could be addressed if hospitals and doctors were simply honest with their patients when it came to admitting a mistake. We should also think long and hard about whether the special protections our laws give to doctors and hospitals are really accomplishing a legitimate purpose instead of contributing to a significant and widespread danger that not only fails to protect patients, but keeps all of us from ever knowing the truth about the extent of a grave problem.