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

If you believe their slogans, insurance companies are like a good neighbor. They're on your side. They keep their promises. They're helping people, guiding people, serving people. Rest assured, they say, you're in good hands. But that's the world of advertising, not the gritty world of reality where insurance companies are far more concerned with making a buck than being honest, reasonable or fair. It goes without saying that insurance companies should be fair. West Virginians work hard, and part of their hard-earned money goes toward paying for things like insurance to cover their homes, cars and small businesses. We should get what we pay for, right? We pay for protection. If we suffer a loss, the insurance company should promptly investigate and pay any claims that are covered by the policy we're paying for. But it seems like insurance companies are constantly on the lookout for ways to fatten their pockets, even it means hurting their own customers. This year our Legislature will be considering two bills to require insurance companies to be fair. These are small steps, I know. But these are two specific areas where our own experience has shown us that insurance companies deprive customers of basic fairness. Remember the derecho a year and a half ago? Thousands of people throughout West Virginia suffered wind damage and made claims under their homeowner policies. Many of those same people received cancellation notices in the mail. Why? Because insurance companies were counting the derecho claims against them and now they were considered to be unacceptable risks. But the Legislature is responding. During the Legislature's interim sessions, a joint  committee approved a bill that would prevent insurance companies from canceling or failing to renew property insurance after a claim relating to an act of nature. That bill has now been introduced in both houses. A similar situation can occur with auto insurance. If a customer submits too many claims, insurance companies will increase their rates because of the increased risk. But what if the accident wasn't their fault? Should it count against them anyway? The Legislature says no. A bill that is being reintroduced from last year, HB 2551, HB 2551 would prevent insurance companies from increasing premiums under an auto policy for claims that weren't caused by the customer's own fault. Unfortunately, these bills won't force insurance companies to live up to the promises they make in their advertising. Nor will they change the profits-over-people mentality that we see far too often from insurance companies operating in our state. But they will provide a real fix for a real problem that's affected thousands of West Virginians who did nothing more than file a legitimate claim. The Legislature should give swift consideration and passage to both of these bills.

Like a whole lot of other folks, I look forward to the Super Bowl as much for the commercials as for the football (at least when the Steelers aren't playing). Over the years, marketing firms have outdone themselves in coming up with one great commercial after another. Who can forget Mean Joe Greene tossing his jersey to that young boy in the Coke commercial? Or the Budweiser commercial where the Clydesdales kneel to the empty New York skyline after 9/11? Although the vast majority of the commercials tug on our heartstrings or our funny bones, this year we had a new emotion added to the mix: anger. I am, of course, speaking of the Coke commercial in which "America the Beautiful" is sung in multiple languages. Shortly after the commercial aired, I began seeing a lot of Facebook comments and Twitter posts expressing a very wide range of emotions. The common theme in these comments was that this is "our" song, written to be sung in "our" language, and "our" language is English. Some of these comments came from folks that I know and respect, so I know they aren't made out of ignorance. Lots of times, people just haven't been presented with the other side of the issue at hand. Let me see if I can fix that. As you can quickly guess from my last name, the roots of my family tree in America don't run particularly deep. My grandfather was a Spanish immigrant, and my grandmother was the daughter of German immigrants. In thinking about the various reactions to the Coke commercial, I spent a lot of time reflecting back to my childhood. I remember the days when my Mom and I would drive my grandmother to visit her friend, Josefa Maria Garcia, at her home in the south part of Moundsville, known as "Spanish Row." Family names there were Menendez, Rodriguez, Garcia, Alonzo, and many others. My grandmother would get out of the car, and she and Mrs. Garcia would begin shouting to one another. I never understood the conversation, because they were shouting in Spanish. It never once occurred to me that their failure to speak to each other in English was  objectionable. I also recalled images of my grandfather, who we all called "Papa". Papa came to  the U.S. at the age of 13. He died in his early eighties, having retired from two different jobs after spending more than twenty-five years at each one. He first worked at the zinc smelter, which was located where the Moundsville Kroger store now stands. After retiring from there, he took a position as a corrections officer at the Penitentiary. He was there for over twenty-five years, retiring in the late 70s as a captain of the guards. He was proud of the fact that in twenty-five years, there had never been a successful escape during his shift. He had no delusions that his record was due to his incredible vigilance; instead, he was convinced the prisoners did not want to make him look bad. I remember asking him why he felt that way. In his broken English, he told me: "They respect you Papa. I treat like men, no like dogs. They respect." I can still see Papa sitting in his chair in the living room, chewing on an unlit cigar. He loved to sing, and he sang often. Despite the fact that he lived in this country for over 70 years, Papa never got a good grasp on the English language.  Accordingly, almost all of the songs he would sing were in Spanish. There was one and only one song I can remember hearing him attempt in English. It was "How Much is that Doggy in  the Window". He butchered that one pretty badly as well, but he tried. My grandparents raised two sons: my father and my uncle, Manuel. Both were taught the value of hard work and family. Both were instilled with a deep love for and pride in their country. Both put their lives on the line to fight for our country in World War II. Uncle Junior (Manuel) was a scout in the infantry who suffered a serious battlefield injury that affected him the rest of his life. My grandparents were fiercely proud of their sons' military service. I sometimes try to imagine what it must have been like for my grandparents to go to sleep, night after night, wondering if tomorrow was the day they would get the telegram that began "We regret to inform you." That is a hell they lived for years, yet never once did they complain or object. Photos of both sons in uniform occupied a place of honor in my grandparents' living room until the day they died. I can still see Papa walking over, looking at those photos,  and smiling. He was SO  proud that his sons had fought for HIS country. When I mentioned my grandmother earlier, I neglected to note she spoke five languages: German, Hungarian, Spanish, Russian and English. She learned those  languages growing up in "Spanish Rows" all over this area, living next door to  immigrants from all over the world. These were the communities that built this  country some now arrogantly call "ours," to the exclusion of anyone who doesn't speak English. Our country was built on the hard labor, heart, and determination of people who came here for a better life. The coal mines and the steel mills that produced the energy and materials which were the lifeblood of the Ohio Valley were run by men to whom English was a second language at best. Take a look at the roster of the men who died in the Benwood Mine Disaster in 1924. Now tell me how many of their funeral hymns you think were sung in English. And so, I continue on to the argument that "America the Beautiful" is "our" song and should be sung only in "our" language. I am struck by the arrogance of such an edict, and I wonder why anyone would feel that way. Is it because some folks feel they are "more American" than others who have yet to (and may never) master English? To me, the argument is the ultimate example of placing form over substance. What should matter is the thought one seeks to express, not the language in which you express it. My Papa loved this country as much as anyone I have ever known, but he couldn't have sung the first verse of "America the Beautiful" in English if his life had depended on it. He and my grandmother were the embodiment of American values: opportunity, sacrifice, hard work, and honor. So, if he chooses to sing what has become our country's national hymn in his native language, wanting to avoid the embarrassment and appearance of disrespect that would certainly come with butchering the lyrics in his broken English, he is to be chastised? I don't think so. I choose instead to focus upon the love and respect he shows by learning the song to begin with. My grandparents, and thousands just like them, BUILT this country. It was THEIR children who were sent off to fight the wars that secured our freedom. It was THEIR sweat and blood and tears that built our cities and our factories. The United States of America is THEIR country, every bit as much as it is yours and mine. People today who claim the right to define what is and is not sufficiently "American" have forgotten where they came from. There is an inscription on the Statue of Liberty that begins "Give me your tired, your poor, your huddled masses yearning to breathe free. . ." I looked long and hard to find the part that says "but make sure they learn to speak English." I'm still looking. I hope I never find it.

Because it hasn't been said enough, I would like to extend a sincere thank you to all of the teachers, aides, school administrators, principals, bus drivers and staff that help educate and take care of our kids. Watching out for our kids and helping provide them with good education is among the most important jobs in our society. I know that as I look back at my own childhood, I can think of many teachers who not only taught me what I needed to know, but who also inspired me to want to learn more. The job of a teacher is incredibly challenging. There is no "one right way" to teach a child. Each kid is an individual, with their own needs, goals, and abilities. Each kid learns in their own way and at their own pace. Every day, in every classroom, teachers, along with the support of the school's staff and administrators, face an enormous challenge. They must balance the effective education that we all expect with the daunting task of completing that mission in a room filled with kids who have their own emotional and educational needs. The best teachers make this balance look easy, but it's not, as I know from my own observations. My mom taught at a small Catholic elementary school where I grew up in Burlington, Vermont. After retiring from IBM, my dad taught high school before going on to his current position as a Professor in the Computer Science Department at Boston College. Both of them taught me the value of an education, a goal so important to them that after they were done helping me and my brother, they went on to help others further their own education. Most of what I know about how challenging it is to be a teacher comes from my wife. She is the first-grade teacher at St. Vincent's School in Elm Grove and I'm not sure many people know how hard teachers like her work. After spending all day in the classroom, she comes home and drives our kids around to their various after-school activities. Because I travel so often for work, a lot of time, she has to accomplish all of this by herself. When the after-school activities are finished, the kids and I usually find some time to relax, but she goes back to work. Grading papers, preparing lesson plans, and getting ready for the next day are all things that she does on her own time, when nobody is looking. It is an amazing effort and it happens every day. Teaching is a true calling. It's hard work and no way to get rich, as we usually understand the word. It is my hope that all teachers and administrators can find encouragement in knowing that they are helping our children become smarter, happier, and more confident people.

Recently, Brandi Richards wrote a quasi-compelling blog regarding her love of the snow. As I sit in my office with my space heater on, the temperature outside sitting at a balmy -10, I would like to offer up this alternative. I'm over it. Over the snow. Over the cold. Over the winter. Bring on the spring and better yet, let's daydream about pop-up thunderstorms and watering our lawns. While waiting for snowbird to show up on the screen is indeed exciting, knowing that you are off every day in the summer is much more appealing to me. I'll take floating on my pontoon every day of the week over sled riding, and sun-kissed cheeks over wind-burned lips any time. Goodbye to dry skin and hello to a nice tan! Is there really an argument here? Snow is pretty for about five minutes. Then it turns to an ugly grey slush. It gets in your shoes and it freezes your windshield and your pipes. I'll take even the worst day in the summer over the best day in the winter. I love it when the days get long and when heat lighting lights up the sky. I enjoy fireflies and backyard bonfires. Floating on the river and grilling on the back deck. Fireworks. Picnics. Jamboree in the Hills. Late nights at Kennywood. For heaven's sake...flip flops. My fair complexion might indicate otherwise, but my soul was made for summer. Snowbird can stick it. Like this post if you agree that winter can take a flying leap!

I lived in the heart of the Kanawha Valley a/k/a "The Chemical Valley" for twelve years before leaving in 2009. Having a degree in chemistry, it amazed and perplexed me that chemical plants and storage tanks were permitted to operate in the midst of such a populated area, directly on the banks of rivers which provided drinking water to hundreds of thousands. I would see these facilities and wonder what chemicals were stored there and if anyone was really paying attention to what chemicals were where. Was anyone paying attention to how the chemicals interacted with one another if there was a system failure or accident and the chemicals came in contact with one another? Was anyone paying attention to whether the storage tanks were sufficient to withstand potential interactions with and among chemicals they were holding? Did anyone know what would happen in the event of a leak? Did anyone know the effects of human exposure to these chemicals? Were there mechanisms in place to protect the drinking water? When I would voice these concerns, my friend and colleagues would act like I was crazy. They, of course, assumed the answer to all of these questions was a resounding "yes". They trusted the "good corporate citizens" and the governmental regulators. Many thought these companies were overregulated. The events which began at Freedom Industries on January 9, 2014 proved their trust was misplaced and have forever changed the lives of the hundreds of thousands of West Virginians who have been exposed to both known and unknown chemicals and chemical combinations. Much has already been said about Freedom Industries' blatant disregard for the citizens of West Virginia when it failed to even report that the toxic chemical, Crude MCHM, had leaked into the Elk River just above the main water system intake station. It took hours for a "do not use" order to be issued and countless men, women and children ingested water contaminated with this toxic chemical in the interim. But what else were they exposed to? We just don't know and we may never fully know. Twelve days after the spill, Freedom Industries disclosed that a second chemical, identified as " PPH, stripped " also leaked from the storage tanks. Like Crude MCHM, little is known about PPH, stripped, or its effect on humans. Unlike Crude MCHM, which avoided many chemical industry disclosure requirements through a regulatory "grandfathering" loophole, information regarding PPH, stripped, has been withheld from public disclosure as "proprietary" information. After learning that Freedom Industries had not immediately disclosed the involvement of PPH, stripped, in the spill, the West Virginia DEP ordered Freedom Industries to disclose all materials spilled. Freedom Industries claims only Crude MCHM and PPH, stripped, were involved. Given Freedom Industries' recent history, it would be reasonable to question the veracity of this statement. The failure of Freedom Industries to immediately disclose all involved chemicals and the failure of governmental authorities to demand full and immediate disclosure has further jeopardized the health and safety of West Virginians because it has hindered the ability to effectively attempt to remediate the spill and minimize its consequences. It is basic science. Chemicals can interact with one another. Consider this hypothetical. Chemical A and Chemical B leak from an aging storage tank. A is non-toxic and does not have adverse human health effects upon exposure in its native state. B causes flu-like symptoms if ingested by humans in quantities of 10 ppm. A & B are friendly compounds that do not interact with one another. Chemical C interacts with B to transform it to chemical D which has no adverse health or safety effects. However, chemical C reacts with chemical A to form the highly toxic, colorless and odorless chemical E - a substance that when ingested by humans is known to cause cancer in quantities as low as 0.0001 ppm. Unaware that chemical A is present, those responding to the spill utilize C to neutralize B and unknowingly create E which goes undetected until it is disclosed that A was present all along. The failure to immediately disclose the presence of A resulted in humans being exposed to an even worse substance at toxic levels. This completely hypothetical scenario is utilized to make a point. I do not know enough about Crude MCHM or PPH, stripped, to even begin to consider how they interact with other substances. One question that needs to be answered, and should have been answered immediately upon learning that the spill had entered the drinking water supply, is does Crude MCHM or PPH, stripped, interact or oxidize with chlorine - the main substance used to sanitize drinking waters supplies? If so, what chemicals are formed and what effect do they have on humans? Although the Material Data Sheet for Crude MCHM, indicates that it is harmful if swallowed and causes skin and eye irritation, it tells us little else about the chemical. In fact, it uses the phrase " no data available " 152 times, including when providing information regarding repeated dose toxicity, carcinogenicity, reproductive toxicity and specific organ toxicity. While government officials have declared that 1 ppm is an " acceptable " level of MCHM in drinking water,pregnant women are advised not to consume it at all and find alternative sources of water. Pediatricians have advised not to allow children to consume the substance. How did the government officials come up with these numbers? Through extrapolation and speculation, as no data or studies exist regarding the effects of these chemicals or safe levels of consumption. Unfortunately, the citizens of the Kanawha Valley have become test subjects who will live with the consequences of this spill for the remainder of their lives as a result of the negligence and arrogance of Freedom Industries and the failure of government officials to confirm the integrity of the storage tanks (the tanks at issue had not been inspected since 1991 and photos reveal extensive exterior deterioration!). People who were exposed to the MCMH and PPH, stripped, will need to disclose that fact to health providers for the rest of their lives and should be keeping a record of any unusual symptoms or conditions they experience. There is apparently no information regarding disease latency periods arising from exposure to the chemicals spilled. Add in the fact that we have no information regarding how these substances are interacting with other substances present in the air and water or being used to treat the spill, and the result is that the citizens of the Kanawha Valley may be living in a giant toxic soup. A condition arising 30 years from now may ultimately be traced back to this event and resulting exposure. Epidemiologists will be studying the health effects of this spill for decades. Scientists will be studying the chemical interactions and effect on the environment for years to come. Oh yes, the environment. No one is talking yet about the consequences of this spill on the fish, wildlife and vegetation. The arrogance and greed of the chemical and coal industry coupled with the government's lack of regulation in the hopes of increasing tax dollars has resulted in a giant toxicity experiment with the citizens of West Virginia as the test subjects. The twelve years I spent in Charleston were spent defending corporations or working in government. Although I had and still have many wonderful friends and colleagues there, I was never comfortable in Charleston not only because of my real fear of the chemical plants but also because I felt I should be doing something else with my life. My chemistry background actually led me to the legal field. I did not want to work with these toxic substances on a daily basis but I knew the effects these substances could have on people and the environment and knew someone had to keep the corporations in check. I initially intended to practice environmental law but life events led me on a different path. Joining Bordas & Bordas in 2009 has enabled me to stand up to the bad corporate citizens on behalf of those who have been harmed as a result of corporate greed and arrogance. I only wish my friends and former colleagues were not now dealing with the effects of Freedom Industries' arrogance and the lack of appropriate governmental regulation of the chemical industry in the Kanawha Valley.

Three workers have been killed and others have been hurt in the collapse of a cell tower near Clarksburg, West Virginia. As the State continues to struggle with the aftermath of the water contamination disaster in the Kanawha region, this additional disaster is another blow. For older West Virginians, the collapse of a structure like this brings the Willow Island catastrophe to mind, where over fifty workers were killed in a collapse of a power plant cooling tower in 1978. More recently, disasters like Upper Big Branch and Sago, have claimed lives for workers on the job in West Virginia in mass incidents. At a time like this, we can only pray for the families affected by this tragedy and for our leaders and first responders -- a firefighter responding to the scene is among the victims. It is clearer and clearer every day that we have to do better in protecting our workers and our citizens from preventable and unncessary deaths and injuries. Let's hope we find the strength to do just that. The Charleston Gazette reported the details of the tower collapse as follows: CLARKSBURG, W.Va. -- Three men died, including a volunteer firefighter, and another two were injured when two cell phone towers collapsed Saturday in Clarksburg, emergency officials said. Four contractors were working on one of the towers, making structural repairs, when it collapsed Saturday morning, said Lawrence Messina, spokesman for the West Virginia Department of Military Affairs and Public Safety. A second tower was weakened by the collapse of the first tower and subsequently collapsed as well. Two men were pronounced dead at the scene. The other two were being treated when a second tower collapsed, Messina said. A local firefighter responding to the collapse was killed when the second tower fell. The two contractors who were killed were Kyle Kirkpatrick, 32, of Hulbert, Okla., and Terry Lee Richard Jr., 27, of Bokoshe, Okla. The firefighter who was killed was Michael Dale Garrett, 28, of Clarksburg and the Nutter Fort Volunteer Fire Department. State Police Cpl. Mark Waggamon said the contractors were tethered to the larger tower when it collapsed. Waggamon said the two injured contractors were taken to West Virginia University's Ruby Memorial Hospital in Morgantown. He said they had serious but non-life threatening injuries. He added the weight of the collapsed tower put stress on guide wires to the smaller tower. The incident happened at about 11:40 a.m. along Murphy's Run Road, in the Summit Park neighborhood of Clarksburg, a Harrison County 911 dispatcher said. Messina said the towers are owned by SBA Communications Corp., a company based in Boca Raton, Fla. SBA Communication independently operates and maintains wireless communications infrastructures across North, Central and South America, according to its website. The company leases antenna space on its towers to wireless-service providers under long-term contracts. The company has dozens of towers across West Virginia, according to its website. SBA did not return phone messages Saturday. A spokeswoman for the federal Occupational Safety and Health Administration said the agency is responding to the incident. Waggamon said the crew was performing maintenance to strengthen the tower's support when the accident occurred. A 2012 investigation by ProPublica and PBS's "Frontline" found that tower climbing has a death rate roughly 10 times higher than construction work. The investigation found 93 deaths of tower climbers between 2003 and 2011.

Happy Super Bowl weekend! As many prepare for the biggest sports weekend in America, we'll be taking it all in with our families and friends. Spring will soon be here - with competition and excitement in the air, it's a great time to sign your children up for sports and activities. The National Center for Education Statistics says that youth involvement in athletics correlates with higher attendance rates, higher grade point averages, improved social engagement, and improved college opportunities. Supporting your children's sports teams is also a great way to show them how much you care. Bonds of camaraderie forged on and off the field change the lives of those on the teams and in the stands. At Bordas & Bordas, our staff and attorneys support youth sports by spending our time out of the office as coaches, players, officials, and fans. But we were kids once too! Just for fun, here are some sports photos from our younger days! Can you tell who's who? Comment below if you can!

Why is the Super Bowl the most watched television event almost every year? Is it the matchup between two great football teams? Perhaps. Is it the halftime entertainment that provides memorable moments by famous musical acts like Janet Jackson's well-documented wardrobe malfunction? Possibly. But, I think the thing that may bring all ages, backgrounds, and sports fans and non-sports fans alike together is the commercials. Even if you don't know if a football is blown up or stuffed, even if you don't know the difference between Richard Sherman and Richard Simmons, everyone loves watching the commercials. We talk about and analyze them. They make us laugh. Heck, sometimes they even make us cry. There are the perennial favorites like the Budweiser Clydesdales. There are spots that stay with viewers for years like Mean Joe Greene's Coca-Cola ad. There are all types of funny animals such as monkeys, dogs, and frogs used to get our attention. Last year, Bordas & Bordas even got into the Super Bowl TV frenzy with a commercial of our own. I can't help but laugh as I recall one of my college roommates who didn't like football (a trait almost unheard of at Notre Dame) who did his homework during game action but stopped to watch the commercials. Why are we so drawn into  these advertising gems? In short, because the Super Bowl commercials remind us of who we are as Americans. We are hard-working, beer-drinking, animal-loving people. The trick for these companies and their ad agencies who drop $4 million a pop on a 30 second spot is to find a way to connect with people. In order to do this, they have to be incredibly talented storytellers. I have a tremendous amount of respect for them because the interesting twist for me is that it is a lot like being a trial lawyer. You see, our job is to get our message across to a jury by connecting with them in a way that moves them to act in a certain manner that benefits our clients. At our very core, we are storytellers. The more emotion that we can bring about and  draw out when telling our stories, the better we do. Of course, we get hours, days, or sometimes weeks to tell our story to a jury. These companies get 30 seconds to do the same. But, they do it masterfully. In fact, they do it so well that for many Americans, the commercials are the Super Bowl. So, as you watch this Sunday and take it all in, remember that behind every great story is a great storyteller. And, by the way, in case you want to watch the game too, a football is blown up, not stuffed.

Who's your favorite collegiate mascot? Naming your selection could land you 4 tickets to WVU's matchup against Oklahoma on Wednesday, February 5th. Like our page, share this post with your friends, and comment with your favorite mascot for a chance to win. The winner will be announced on Monday, February 3rd. Good luck - we can't wait to hear your selections!

Several weeks ago, I began to notice a problem in my right hand. For no apparent reason, two of my fingers were intermittently going numb. I did nothing at first, hoping the problem would resolve itself with time. As with most medical issues that I ignore, the problem did not go away; it got worse. When pain added itself to the mix two weeks ago, I grudgingly called my doctor. A late-night MRI and a visit to a neurosurgeon followed, and in two days I will undergo surgery. It turns out that I have three herniated discs in my neck, one of which is lodged firmly against a nerve near my spinal cord. The doctor has to go into my neck and cut away part of the vertebrae in order to relieve the pressure on the nerve. I have been an active/athletic person my entire life. At the age of 57, I am certainly no stranger to surgery. I have had both of my knees "scoped"; I had a screw surgically inserted into my right thumb; and I have an artificial hip. None of those surgeries caused me the least bit of anxiety. This one is different. This time, the doctor is going to be messing with my spinal cord. He is going to be using scalpels and drills and clamps and who-knows-what in an area where one tiny slip could produce a really bad result. Knowing all of that, my wife asks me if I'm worried. "Nope." My daughter asks me the same thing. "Not a bit. This is routine." My mother is so nervous she can't even talk about it. "Don't worry, Mom. No big deal. They do this every day." The truth is I lied (sorry, Mom). I'm scared. I suppose that under these circumstances, it's natural for a person to reflect on his life up to this point. We often hear folks talk about events that "put things in perspective." For me, this surgery is such an event. As ridiculous as it might sound, I have spent more than a few minutes over the past several days considering the possibility, however remote, that something might go wrong in that operating room. As I have done so, I have come to appreciate, more than ever, the things that really matter. It's enlightening to mention first what I did NOT think about in all of my reflecting. I didn't think about money. I haven't spent a second thinking about how much I used to have, how much I have now or how much more I need before I can retire. In fact, I haven't thought about anything that has anything to do with money. I didn't ponder the big house I thought I always wanted, or the fancy cars, or the vacation home, or the nice "stuff". Not a single time. Instead, my thoughts have turned to my family and my friends. I have read that one true measure of a person's life is the quality of his friendships. If that is the case, I'm better off than Bill Gates and Warren Buffett combined. I have three friends with whom I would trust my life. They have been there through the good times, the not-so-good times, and the downright awful times, and I am so very lucky to have them in my life. As I told one of them on his 40 th birthday, most folks think I'm an only child. The truth is, I have three brothers. We just don't have the same mother. Rich, Ed, and Jeff, thank you from the bottom of my heart. I don't know what I would have done without you guys. I have also thought a lot about my children. I have two of my own, and one who makes me feel as if she is mine as well. When I was a young boy, my mother used to tell me that I would never understand how much I would love my children until I became a father myself. She was certainly right about that. Brittany, John, and Caitlin, I love you all more than you can comprehend. Each of you has always made me proud. Remember the two things I have constantly preached to you: 1. You can be anything in this world you want to be. Go confidently in the direction of your dreams. Live the life you have imagined. 2. Kindness matters. Never underestimate the power of a random act of kindness. Finally, I have thought about my best friend in the world: my beautiful wife, Denise. The moment I typed her name in that previous sentence, I smiled. I guess that pretty well sums it up; she makes me smile. Before I married Denise, it sometimes seemed as if I was doing everything I could to screw up my life. I had done some pretty awful, selfish, hurtful things that caused a lot of pain and heartache for a lot of people. Denise helped me to understand that my future does not have to be defined by my past. She showed me that I was still worthy of being loved, and she inspired me to be the best husband, father, and man that I can be. I have a tattoo on my left shoulder that is the image of a phoenix rising up, clutching two wedding bands in its talons. Under the tattoo appears "8-20-2003", the date Denise and I were married. The image was my way of saying that for me, life began again on that day. I love you, Sweetheart. You truly saved my life. "Thank you" falls woefully short of expressing what I feel, but it's all I can come up with at the moment. I'm sure that everything is going to go as expected for me on Wednesday, and within a week or so I'll be back to handling my cases and writing the occasional blog entry. Nevertheless, I'm strangely thankful for the worry that I'm dealing with now, because it has made me think. I've had to think about what really matters in life, and having done so, I've taken the time to express some thoughts and feelings that needed to be expressed. I've also had to take stock of my own life thus far. I've come to appreciate, more than ever, the fact that nothing is as important or as valuable as family and friends. With that in mind, it's pretty clear that I'm the wealthiest man in the world. So step aside, Bill Gates. You're in my spot.

This week's edition of the Bordas & Bordas Legal Review tackles the two topics dominating headlines: The Charleston Chemical Spill and Richard Sherman's post-game interview. What are the potential legal ramifications of each? Who is being or may be sued? Who is talking about Richard Sherman and is there a racial dimension to the controversy? Learn all these answers and more as Chris Regan and Jamie Bordas discuss the pressing issues of the day on WLTV's Bordas & Bordas Legal Review. Click here to view the program on vimeo, or watch the embedded version if your browser supports it. Be sure to check out the WLUTV schedule to watch a live-stream of WLUTV and for a schedule of when the program airs.

I opened my newspaper one Saturday morning in early January to read an article about the new healthcare law and was startled to learn that one of its problems is \the fact that people with chronic illnesses, the ones in the most need of medical care and testing, would be the ones falling through the "cracks" of the new healthcare law and would find it more expensive. Even Ron Pollack, founding Executive Director of Families USA, a national organization whose mission is to achieve high-quality, "affordable" health coverage for everyone in the U.S., was quoted as saying in a somewhat apathetic sounding way: "If the question is, will some people find that coverage and care remain unaffordable, the answer is yes. There will be some people who feel that way. The overwhelming majority will be far better off, even if what they have is not perfect." I felt a bit angry and a little confused. I guess I was under the impression that the new healthcare law was supposed to improve that situation and prevent people from being in fear that they would not be able to pay their medical bills if they needed to go the doctor or had to get diagnostic testing. Ever since March 23, 2010 when President Obama signed into law the Patient Protection and Affordable Care Act and it became "the law of the land" many of us have waited eagerly for the year 2014. I supported the passage of the law, not merely for the fact that I would finally be protected by our laws from insurance companies who would deny me coverage because of a pre-existing condition, but because I thought finally it would give us all some relief from the ever increasing insurance premiums and costs of healthcare. Those of us who gave it our full support and pushed for its passage waited and hoped that all of the bad publicity and negative things being expressed by its opponents were just politically motivated and not based in reality. We particularly hoped this when we realized that some of our fellow citizens insisted on calling it "universal healthcare" and continued to insist that the government was ruining one of the greatest healthcares in the world. We, the supporters of the bill, knew that it was not "universal healthcare" and we did not believe that our healthcare, in and of itself, was going to be changed in any major way but that it was actually going to make that healthcare a little less expensive, more "affordable." Before the Affordable Care Act was even considered I had always carried health insurance through my employer where they paid part of the premium and I paid part. Though the premium was higher, I chose the HMO over the PPO because it paid 100% of the bills for medical testing, hospitalizations, etc. and there was usually a very small or even no deductible. Over the past 10 years my share of the insurance premium for the HMO has increased every year from approximately 8% of my income to 20% of my income! We were also offered a choice of a PPO, and although its premiums were a lot lower, it usually came with a deductible that could be as high as $1,500-$3,000 a year. Only after that deductible was fulfilled did the insurance kick in and pay 80% of the amount due, leaving 20% the responsibility of the patient. If you are young and healthy and don't go to the doctor very much, a PPO with a lower premium, higher deductible would definitely be a good choice. However, if you are not so young or you are not so healthy (I am cancer survivor) a prudent doctor will require you to have follow-up testing for the rest of your life to make sure that your condition doesn't worsen, or in my case doesn't return. The doctor will prescribe blood tests throughout the year, various tests like a yearly CT scan and, of course, follow-up visits to his office. If I had a PPO with a $1,500 or more deductible that must be fulfilled before the insurance 80/20 even kicked in, I could end up being responsible for 20% of the remaining balance. My medical bills would quickly add up. This year when the premium for the HMO rose yet again, tipping it over 20% of my income I felt I just couldn't afford the monthly premium and finally conceded and chose to go on the POS which had quite a smaller premium--11% of my income. However, I have little time to enjoy that extra take-home pay because I now have a $1,500 deductible that must be met, after which I will pick up 20% of any tests, etc. To add insult to injury, the co-pay for a regular doctor's visits increased from $10 to $25 and specialists $20 to $50. How is this better? How is this affordable? Were we all naïve because we believed that "affordable" actually meant "affordable" and that the law would finally rein in the insurance companies and give us some relief from the ever rising hefty premiums? Since October, 2013 it has become increasingly obvious that that is not what is going to happen. As time goes on we have learned that the expensive HMO's or the "pay 100%" insurances are being totally phased out and that most health insurance policies in the market place will be mainly PPOs or POSs, or some other similar type. People will definitely be able to find an insurance plan with a low premium, but these policies will have high deductibles with the insurance only paying 60%, 70%, 80% or 90% of the medical bill! Many of us now feel that we were misled by the representatives of our government who we trusted to vote for a healthcare law that would benefit ALL of us. The main-stream media is calling it "sticker shock,"-- the meaning of which is that feeling of surprise and disappointment caused by learning that something you want to buy is very expensive. But health insurance isn't something that we "want" to buy; it is something that we "need" to buy. Without health insurance you would certainly go bankrupt and lose everything you own. Let us pray that our elected representatives will begin to pull together and instead of working to repeal the law will work on solutions to revise and fix what is wrong with the healthcare bill. If it is tossed out completely we will lose the best parts of the bill that do help everyone, i.e., no discrimination over pre-existing conditions and no lifetime caps on medical bills. Our leaders must stop using political ploys designed merely to be the "winner" in the next election and actually be representatives of a government of the people, by the people and for the people. Every citizen of the United States deserves quality affordable healthcare no matter whether each is healthy or suffering from a chronic illness. We need to begin talking about solutions and stop playing political games with people's health.