Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

As you may have heard, the SEC defensive player of the year, Michael Sam, recently announced that he is gay. No big deal I thought, it's 2014, and generally speaking as a nation I feel we are slowly but surely moving in the right direction concerning basic civil rights for all of our citizens. By the end of the day, I realized I had made a huge error in judgment. The only stories that followed were about how the NFL would deal with this distraction, whether his announcement would hurt his draft stock, the impossible locker room environment that people believed would follow and so on and so forth. I read nothing about social progress, and saw nothing even resembling support from the NFL camp. One "unnamed" scout (read: coward) said that many of the scouts already knew Michael Sam was gay because scouts often spy on prospective NFL draftees. He then went on to explain how he graded Sam as having "character issues" as a result of his homosexuality. Character issues! This is coming from the organization that will condone almost any criminal behavior if the player can help the team win. Obstruction of justice in a homicide? No problem, you still average 12 tackles a game, right? Fight, murder, and bury dogs in your backyard? No problem, just keep working out in prison, there's always a home for you here in the NFL when you get out. DUI vehicular manslaughter? It's all good, you can still run fast right? Domestic assault, drug abuse, reckless endangerment-- the list goes on and on. Apparently, being gay is where the NFL draws the line. Well, homophobic bigotry is where I draw the line. You can find me on the golf course on Sundays this fall.

A gas explosion has kept families out of their own neighborhood for a week. While the line in the neighborhood did not run to homes, it did run down the street and when a leak caused an explosion, a severely burned man was fortunate enough to be aided by his neighbor. These explosions are happening with greater and greater frequency here in the Ohio Valley. From the drilling site fire last week in Greene County, Pa., to the Tyler County gas explosion last year to the Sissonville blast that shut down an interstate, the incidents are occurring more and more often. Property damage is the least of the worries when burns, sometimes over a person's whole body, can result from these event. Companies need to be held accountable for their conduct in failing to properly inspect, repair and maintain gas lines so that leaks, particularly in residential areas, but really anywhere are eliminated.

A few weeks ago I received an invitation from WVU to sing the National Anthem at this Saturday's basketball game against Baylor. It is really an incredible honor for me to have been asked twice to perform for the Old Gold and Blue. A close musician friend told me anyone can be asked to do something once, but it's when they ask you back that you know you're onto something. I was first asked to sing the Anthem two years ago for the Big East opener against Villanova (a Mountaineer victory, too, I might add). My family was more nervous than I. My wife was nauseated, my dad practically cried, my mother nearly had a heart attack, and my kids simply asked if it was time to go to the concession stand. But they all had legitimate reasons for concern. After all, I have no formal training, can't read music, and don't know anything about keys, pitch or harmonies. And there is arguably no tougher performance than standing in the middle of 10,000+ people who are completely silent with their full attention fixed on you singing THE song that forms the very fabric of our national identity. And, for me, therein lies the challenge - the thrill and the reason I'm willing to subject myself to such scrutiny. It was an exhilarating experience last time, and while I don't expect my kids' behavior to be any different this time around, I do hope it's a little easier on everyone else. Of course there were plenty of nerves for me the last time too, but when I stepped to center court, I felt calm and confident. And getting to that place was surprisingly easier than I anticipated. I simply thought about everything WVU has meant to me. I thought about the incredible, valuable education I received in both undergraduate and law school. An education that enabled me to compete at a top  level nationally. I thought about the social and cultural enrichment WVU provided me, building my confidence and insight to seamlessly integrate into different communities all over the country, no matter where I landed. I thought about the  amazing professors and mentors I had who provided me a tremendous foundation on which to foster a lifetime love of learning. I thought about my fellow classmates, who have gone on to great success at the highest levels in their respective professions in law, medicine, science, engineering, athletics and the arts. I thought about Bill Stewart and the tremendous hometown pride he brought to the football program, not to mention some of the best Mountaineers we've ever seen. I thought about Pat White's speech after the North Carolina game. And De'Sean Butler's season of buzzer beaters. And Jerry West. And all the other standout Mountaineers and moments in WVU's storied history. And when you think about those things, you can't but help channel that Mountaineer pride too. So when those lights dimmed and the spotlight hit me, I was ready to deliver. The same way WVU has always delivered for me. I'm not one to necessarily repeat myself when it comes to bucket list items, but  this time I was asked to sing at the Basketball Alumni Weekend game. This means that amongst the many Mountaineer greats on the floor during the halftime presentation for past hoop players this weekend will be my father, a WVU scholarship basketball player from '62-'65. It's not often a father and son get floor time together at the Coliseum, so I jumped at the opportunity when presented this time. West Virginia University has been instrumental in helping to mold me into the person I am today, and I will forever be grateful for the incredible opportunity  afforded me by the University's generosity and standard of excellence. I am truly humbled and honored to have been asked to tackle such an important responsibility this weekend. It was always a childhood dream of mine to get to perform at the Coliseum in front of a big crowd. And although those dreams always involved being a member of the basketball team, it sure is nice to be recognized as worthy of a place at mid-court, even if it's not quite how I always pictured it. After all, as Pat White famously said, "Once a Mountaineer, Always a Mountaineer."

By now, most of you have heard about the horrific natural gas well fire and explosion that occurred during the early hours of February 11 th in Dunkard, Pennsylvania. This well fire burned for days, but eventually extinguished itself on Saturday. Unfortunately, the aftermath of this accident gas left one worker injured and recently identified employee, Ian McKee, missing and feared to be dead. Gas well site injuries caused by negligence have become more and more common. For Chevron, a titan in the natural gas business, this is a public relations nightmare. How does a corporation begin to do damage control in a situation like this? Well, obviously, not using the method that Chevron chose. It has been reported that on February 16 th the Chevron Community Outreach Team delivered letters to one hundred homes residing around the explosion. In the correspondence provided to these families, Chevron states: "Chevron recognizes the effect this has had on the community. We value being a responsible member of this community and will continue to strive to achieve incident-free operations. We are committed to taking action to safeguard our neighbors, our employees, our contractors and the environment." And what action did they take to safeguard their neighbors? Chevron included with their letter a coupon for a free large combo pizza and a 2-liter beverage from Bobtown Pizza. It seems to me that Chevron and their Community Outreach Team need to reevaluate their standards for " outreach." In their minds, a free pizza certainly outweighs the fear and outrage that comes from living next to an exploding gas well. Oh no, wait, I forgot! They included a free 2-liter with that offer. When you keep that in mind, I guess their efforts don't seem insensitive or inconsiderate to the members of the Dunkard community now.

Tune in to the Bordas & Bordas Legal Review on West Liberty Television to receive top-flight analysis of the intersection between the legal world, sports and the culture at large. This week, Jamie Bordas and Chris Regan discuss the attempt by Northwestern College football players to form a union and collectively bargain for fair treatment from the university and the NCAA. In the show's second segment, Jamie and Chris discuss Michael Sam, the Missouri linebacker, who is seeking to be the first openly-gay player drafted into the National Football League. You will not want to miss this exciting and informative half hour of television that explores the legal ramifications of the situations at Northwestern and Missouri. Click here to view the program on vimeo, or watch the embedded version if your browser supports it. Click this link to see the WLUTV schedule so you can view a live-stream of WLUTV and check this page for a schedule of when the program airs.

Tens of millions of Americans, including over 60% of lower-income Earned Income Tax Credit recipients, use paid tax preparers. Yet nearly all states have more regulatory requirements for hairdressers than for tax preparers. Certified public accountants, tax lawyers, enrolled agents credentialed by the IRS, and certain unpaid volunteers are the only tax preparers subject to testing and regulatory oversight. The lack of oversight has led to widespread and endemic problem across the industry. Mystery shopper testing done by the government agencies and consumer advocacy groups over the last several years has revealed a large number of errors, fraud, and other abuses. In addition, high and inflated tax preparation fees of up to $500 for simple returns were documented by mystery shoppers. Accordingly, Bordas & Bordas recommends consumers consider a local certified public accountant as opposed to large tax preparation chains. Often, a more qualified CPA can prepare your return for a similar or even lower price. Furthermore, Bordas & Bordas recommends filing your taxes early in the tax season as opposed to waiting in order to lower your chances of becoming a victim of identity theft. Stolen identity refund fraud (SIRF) is a growing subset of identity theft, which accounts for up to 43% of identity theft complaints. Similar to any identity theft, a criminal committing tax identity fraud gathers key information about the victim. In the tax context, the key is obtaining the individual's name matched with his or her social security number. The thief then submits a false tax return in the name of the victim claiming a tax refund. Unfortunately, in many instances the refunds are issued. Cleaning up the mess left behind by the identity thief and getting your refund can take more than a year and countless hours of your time. One way to prevent this from happening is to file early. Why? The IRS may be able to process your return before the identity thieves can. "It really can be a race to the IRS," said Steve Toporoff, coordinator of the Identity Protection Program at the FTC. "They usually don't have access to W-2 forms, so they just make up income numbers and hope their phony return gets through the process," Toporoff explained. The IRS has published a Taxpayer Guide to Identity Theft which contains additional tips that you may wish to review. Don't let tax season be more of a hassle for you than it already is. Find a qualified tax professional and file early. This article is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between Bordas & Bordas and the user or browser.

Barley, Guinness and Caroline would like to remind you that if you really want a true Valentine, you can have one for 365 days a year. Adopt a pet from your local animal shelter, and never worry about not having a Valentine again! We hear so many humans say "I wish I had someone to love me on Valentine's Day! The girls and some of the guys at work are going to be getting flowers, cards and candy from their significant others, and I'm not going to get anything because I don't have a true Valentine!" Well, we would like to know why anyone feels that they need to have a loved  one just on Valentine's Day? Just think, you could have someone to love you unconditionally for the whole year, and then some. We (the four-leggers) may not send presents or cards, (that's because we can't order online yet) but every day when you come home from work we will be there to greet you like you have never been greeted before. We will always love you each and every day of the year, and not just on Valentine's Day. We are happy to see you when you come in the door, even if we or you have had a bad day. No matter what, we will be oh-so-happy to see you! You, our human friends, (and the loves of our life) make our lives complete. All we want is to do the same for you. We, the Bordas & Bordas Dogs, would love for our shelter fur-friends to find loving fur-ever homes. Please, if you are thinking about getting a pet for yourself or for someone else, go to your local animal shelter first. The life you save might just be your very own pet! Happy Valentine's Day! Bark on Bordas Dog Nation, Bark on. (We would like to say thank you to our dog moms for helping us write this for you. High paw!)

At Bordas & Bordas, we make it a priority to give back to the community in any way possible. Below are some of the many philanthropic sponsorships that we've recently been involved in. Faith in Action Caregivers supports the independent living of older adults and people with disabilities in Ohio, Marshall and Belmont counties. The organization provides services ranging from escorted transportation to medical appointments and shopping trips to friendly visits and phone calls. Faith in Action Caregivers is holding its annual Triathlon/Duathlon on July 12, 2014 at Wheeling Jesuit University. The money raised at this event plays a large role in funding the organization's efforts. We are happy to support an association that offers so much good to the people of our community. Here at Bordas & Bordas, we are very supportive of any organization that benefits those less fortunate than us. Since its inception, the Greater Wheeling Coalition for the Homeless has been passionate about providing temporary shelter for Wheeling's homeless, seeking and creating long-term solutions to homelessness, as well as communicating with other agencies to provide comprehensive services to the local homeless population. Coalition staff and personnel strive to address the many issues involved with homelessness and enrich the entire community in the process. Monetary donations aid the Coalition in its efforts. Bordas & Bordas is very involved many of the youth sports programs within our community, one of them being the Wheeling Amateur Hockey Association. The WAHA celebrates its fiftieth anniversary this year, and offers hockey leagues for Wheeling residents of all ages. WAHA staff and personnel teach the fundamental skills of hockey such as stick handling and speed skating. Moreover, WAHA also offers a roller hockey league for kids of all ages and skill levels. The Oglebay Institute prides itself in offering a multitude of experiences to the Upper Ohio Valley, from cultural and educational to environmental and recreational. One component of the Institute is the Towngate Theatre and Cinema. Located in Wheeling's historic Centre Market district, Towngate showcases plays and productions year-round for children and adults alike. The theatre also houses favorite local musicians and bands for all to enjoy. Support from generous sponsorships enables the Towngate Theatre and the Oglebay Institute as a whole to sustain and expand its cultural programming. Bordas & Bordas is honored to be involved with such outstanding organizations and events. We will continue to reach out to community partners who are passionate about making a difference. As always, we encourage everyone to support these very worthy causes in any way possible.

Oklahoma State player Marcus Smart recently received a three-game suspension from his college basketball team for shoving a Texas Tech fan named Jeff Orr. The shove came after Orr said something to him when Smart went out of bounds under the basket while making a play. The focus since then has been on whetherOrr used a racial epithet - Smart said he did - or whether Orr only said "something he shouldn't have" - Orr's words. It has since come to light that that Orr, a middle-aged man, considers himself a "super-fan" of Texas Tech. A photo of him directing an obscene gesture at opposing players has surfaced from another game and a number of players have indicated he has a lot of negative things to say to opposing players from his seat under the bucket. Smart's shove raises a question that isn't getting enough attention at all levels of inter-scholastic athletics: Why do we allow grown men and women to scream at and insult school-age boys and girls just because these students play sports? Is it because it's always been that way? Why should kids signing up for their high school or college teams have to agree to take verbal abuse from adults as part of the deal? Some seem to think that as long as Orr didn't use the n-word, anything else he felt like saying to Smart is "fair game," and Smart has to take it. But why? It's been pointed out that there is next to nowhere in the world where Jeff Orr can curse at or insult Marcus Smart to his face and feel he can get away with it, except where he was, under a basketball hoop. Some have made much of the fact that Orr is white and Smart is black. But white student- athletes get heaps of abuse as well. J.J. Reddick of Duke was notoriously hated during his career, and Ohio State's Aaron Craft seems to be getting the full treatment this year. The question is not so much about race as about why the discussion revolves around punishing players and protecting fans, instead of protecting the young people actually involved in the competition? There is no reason why athletic contests between young kids, high schoolers, or even college students should create a safe place for people to heap abuse on the players who are, after all, just playing a game, for free, for their schools. Comments and taunts directed at student athletes don't have to be racially-motivated to be out of bounds. When Marcus Smart shoved the loud-mouth jerk under the basket, he was telling all of us that if we aren't going to protect him while he plays, he'll do it himself, and I think he had every right to do that.

Reports indicate that one worker has been injured and another is missing after a natural gas well fire and explosion in southwestern Pennsylvania early this morning. Fire was reported at the Lanco 7H well in an area about 50 miles south of Pittsburgh and just miles from the West Virginia border. Our thoughts and prayers are with everyone affected by this tragic accident and it is our hope that the appropriate personnel handle the situation safely and efficiently.

I read an article the other day about a woman who was murdered by her estranged husband in the bathroom of a hotel room while her three children were in the other room. Her oldest daughter tried to dial 911 four times, but it didn't work because of how the hotel's phone system was set up. This hotel, along with a lot of other hotels, required you to dial 9 to get an outside line - even if you were trying to dial 911. The child never got through to 911, and her mother died. I was shocked when I read this because I have never considered the possibility that dialing 911 wouldn't be enough. If I needed to dial 911 from a hotel room, would I remember to dial 9 first? Probably not. Especially if it was a true emergency. In those times of panic, it's hard to stay calm and focus and think clearly. We have always been taught to dial 911, and we have always taught our children to dial 911, but now I guess we need to be aware that sometimes we may have to dial 9911. But we can change this. The father of the woman who was killed has started a petition to require hotels and other businesses to update their phone systems so that you don't have to dial 9 before dialing 911. Please go to the website and sign the petition so this doesn't happen to anyone else.