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If you have read any of my past blogs you know I will often write about an upcoming holiday. This being December, I am writing about Christmas and the power of still believing in Santa Claus and almost throwing away the same. Some of us can look back at our childhood and remember a time when we believed in Santa Claus and the magic of the whole holiday. Some of us don’t remember anything about Christmas other than the hectic, stressful, commercial event it becomes as an adult. I am sure some of us faintly remember the excitement we had as we went to bed on Christmas Eve, trying to stay up to see Santa Claus but only to fall asleep and wake up the next morning with all the presents under the tree. For me, it is a feeling that I faintly recall, but had never felt again with any aspect of life. Sure we all have other events that have impacted our emotions on a different level, good and bad. However, nothing has matched that young, innocent belief that I need to be good or Santa will not leave me any toys or gifts. That emotion and feeling I had as a child has never been matched. The memories I have as child believing in the magic of Santa Claus are faint. I have no evidence of that belief. I have no writings or videos of my belief, but I wish I did. As a lawyer, I need to have evidence to support a belief. That is why after my children wrote their letters to Santa this year I did something crazy to help preserve “evidence” of my children’s memories of the magic of Santa Claus and Christmas. As we have every year, we wrote Santa telling him what they wanted for Christmas, we put the letters into an envelope addressed to Santa and I told the boys I would mail the letters. As I have done every year, I threw the letters away after I put the list into my phone for future reference as I went shopping. Throwing the letters away was not crazy in itself because one needs to destroy any evidence that would dislodge your child’s believe of Santa Claus. Could you imagine the horror a child would have if they found their letter to Santa Claus in their parent’s desk draw. Imagine the fear that would go thru the child’s head that they would not receive any of the gifts they asked for because Santa Claus didn’t get their letter. Imagine the questions they would have once they begin to think about why mommy or daddy still has the list. Imagine the shame you as a parent would feel if you learned that something you did (leaving the letter to Santa Claus to be found) led your child to stop believing in the magic of Santa Claus and Christmas. No, what I did that was crazy was I went into my garbage to find the letters that my sons had written, but I had thrown away. I was knee deep in garbage bags that existed from the prior two weeks of garbage, trying to find the bag that had the letters, and then find the letters themselves. One could say it was demented for me to wade thru the discarded food, paper towels and other unpleasant waste to find the two letters. However, after throwing them away, I realized that this may be the last time my boys, who are 9 and 11, believe in the magic of Santa Claus and Christmas. I wanted them to have some evidence of that belief, so it is not just a faint memory but there is a tangible exhibit of the same. As I picked thru the rotten salad and half eaten chicken wings, I begin to realize the magic of Christmas still exists in me. A desire to have that memory preserved for my boys lifetime exceeded the distain I felt after I began the removal of various pieces of refuse. However, after ten minutes of being unable to find the letters I begin to reconsider my decision to look for the letters. I have to admit after twenty minutes of sifting through the rubbish I was about to give up. At 30 minutes I was torn between trying to find  what I perceived to possibly be the last piece of tangible proof of my children’s’ belief in Santa Claus and the stench that existed from the garbage that was becoming part of my own aroma. However, after having resigned to the fact that I was not going to find the letters unless I went through the trash piece by piece and just as I was calling it quits, I noticed a corner of paper that resemble the paper the letters were written on. The corner was no bigger than a quarter. The corner was in fact one of the letters. I  quickly found the other letter next to it as well. Some people who see Christmas as a hectic, stressful, commercial event will say it was just plain luck that I found the letters and that I should have stopped after ten minutes or not even try to find the letters. Others will say that it was a matter of a father’s devotion to his kids that allowed me to find the letters. I like to think it was the magic of Santa Claus and Christmas that helped me to find the letters, and to think I almost threw that away.

“Rejoice greatly, O daughter of Zion! Shout aloud, O daughter of Jerusalem! Behold, your king is coming to you; righteous and having salvation is he, humble and mounted on a donkey…” Zech. 9:9 Ask anyone what a king looks like and you know exactly what you’ll hear. For one thing, kings wear a crown. It’s more than a piece of headgear. It’s a symbol of the king’s wealth and his right to rule. Kings also sit on a throne. It’s a symbol too, lifting the king up as a reminder the he is the highest authority and that his word is final. Today’s verse reminds us that Jesus was coming not only as a savior, but also as a king—righteous, triumphant, and worthy of praise and rejoicing. But His kingship would be different. Instead of a crown, a throne, and other trappings of royalty, the kingship of Jesus would be marked by humility. Reread the Christmas story with this idea in mind. Israel’s capital was Jerusalem. That was the center of the country’s wealth and power. But Jesus wasn’t born in a palace or a mansion. No, He was born in a stable in Bethlehem, a small town of no importance. There was no throne for the newborn king. No crown would ever rest on His head. And who came to witness this royal birth? Were they dignitaries? Were they wealthy men? Hardly. God summoned simple shepherds to witness the fulfillment of His promise. Even as He walked among us, King Jesus continued to display these same marks of humility. He taught that He didn’t come to be served by others, but to serve. He helped and healed the masses. He donned a towel and washed the feet of His disciples, including His own betrayer. And above everything else, He died for us. Your king and mine went to the cross and willingly surrendered His life to make it possible for sinners like us to be saved. He came. He gave of Himself. He sacrificed to the fullest. That is the way of our heavenly king! Image courtesy of Unsplash.

The Christmas tree. A holiday staple, an absolute must in any household during the Christmas season. I have a few friends that actually put up more than one tree in their homes (and begin the assembly process as soon as they turn their calendar page to November). Oh, and the pride we take in decorating our Christmas trees to whatever suits our tastes. Our Christmas trees are comparable to making a fashion statement in our, using ribbons, ornaments and a really great “topper” as the spectacular finishing touch. Our family Christmas tree consists of many hand-made ornaments by my children as they were growing up. There are even a few that my husband made as a child in elementary school, handed down from his parents that once adorned their family Christmas tree. As we decorate our tree each year, we create new memories by reliving our past Christmases. The kids, who are grown now, like to put up their “Baby’s First Christmas” ornaments. We chuckle over the not-so-perfect snowman faces that are painted on a piece of wood made by a four-year-old child (who is now 18). The photo ornaments of my three children scatters my tree with excited smiles standing next to Santa. They all fill my heart, and one day these special gifts made by my children will be passed down to them for their trees. No matter how you choose to dress your Christmas tree, may the warmth and glow fill your heart with holiday spirit.

Johnson & Johnson’s talcum powder products are back in the news following a Reuters report that, for decades, the company knew its talcum baby powder contained asbestos. Reuters’ investigation, examining documents and sworn testimony, concluded that Johnson & Johnson failed to tell regulators or the public what its company executives, mine managers, scientists, doctors and lawyers knew, from at least from 1971 through the early 2000s, namely that the company's raw talc tested positive for small amounts of asbestos. Asbestos is an indisputable carcinogen. Even trace amounts are considered dangerous to human health. Dagger-like asbestos fibers penetrate deep into tissue and can lead to cancer of the lungs, voice box and ovaries, and to mesothelioma decades after the inciting exposure. Johnson & Johnson has consistently maintained its talc is safe, blaming plaintiffs’ attorneys “out for personal financial gain” for its troubles. But most juries have not seen it that way.  Instead they have levied huge verdict after huge verdict for cancer victims across the country for Johnson & Johnson’s concealment of the hazard potential of its talcum powder products. While Johnson & Johnson is appealing every one of these verdicts, it has been forced to run over thousands of documents in court proceedings — some of which show that from at least 1971 to the early 2000s, the company’s raw talc and finished powders sometimes tested positive for asbestos. The documents also reveal Johnson & Johnson’s successful efforts to thwart U.S. regulators’ plans to limit asbestos in cosmetic talc products and steer scientific research on the health effects of talc in its favor. Reuters’ investigative reporters found reports by a consulting lab informing Johnson & Johnson of its tainted talc as early as 1957 and 1958. Other documents revealed that, in 1976, when the U.S. Food and Drug Administration (FDA) was weighing limits on asbestos in cosmetic talc products, Johnson & Johnson assured the government that no asbestos was “detected in any sample” of talc produced between December 1972 and October 1973. But Johnson & Johnson conveniently omitted that at least three tests by three different labs from 1972 to 1975 had found asbestos in J&J talc – with levels reported as “rather high” in one case. In 1976, as the U.S. Food and Drug Administration (FDA) was weighing limits on asbestos in cosmetic talc products, J&J assured the regulator that no asbestos was “detected in any sample” of talc produced between December 1972 and October 1973. It didn’t tell the agency that at least three tests by three different labs from 1972 to 1975 had found asbestos in its talc – in one case at levels reported as “rather high.” While Johnson & Johnson continues to maintain that its talc is safe, one thing that remains clear is that the litigation over talc-caused cancers will not end anytime soon. Any talc testing J&J does today that shows no asbestos belies the fact that asbestos-caused cancers are latent diseases and take years and often decades to develop, so just because a particular J&J talc sample today shows an absence of asbestos contamination, does not mean that its talc has been historically safe. In fact, even a sample tested from a 1978 bottle of baby powder housed in J&J’s corporate museum tested positive for talc. If you believe you have contracted a talc or asbestos-caused cancer, you should contact an experienced attorney right away to explore your rights.

“You do not understand now what I am doing, but someday you will”. John 13:7 Sometimes this is a very tough pill to swallow. With so many awful, terrible things happening these days our faith can be shaken and even broken at times because we want answers…NOW. Looking back on my life I can remember instances that made me just not want to be here any longer. The pain was unbearable at that particular moment. Some of these “tragedies” were small, some were a lot bigger. A few, I still don’t have the answer that I want, if any answer at all. However, believing in this scripture, along with holding onto my faith very tightly, I KNOW that there is a reason for why things happen. For me personally, I have learned to deal with situations in my life when I repeat this verse in my mind. I have come to understand that unfortunately, we feel the backlash of someone else’s tragedy. Sometimes we have to go through trials to be able to use as a testimony to others who are heading down the same path. There have been quite a few occasions when I said to myself “ahhhhh, so that’s why I had to go through that”…and during those times I call that my silver lining. So as for me, I take comfort my difficult situations with the promise that was made and continue to trust that His ways are better than mine.

In the case of Schmerling v. Liberty Mutual Insurance Company, the United States District Court for the Middle District of Pennsylvania held that underinsured motorists benefit limits and 3rd party tortfeasor settlement negotiations are irrelevant, and therefore, inadmissible in an uninsured motorists claim. Schmerling sustained serious injuries as a result of being struck by a motor vehicle while walking in a parking lot. She asserted a personal injury claim against the driver of the vehicle, who had $300,000 in insurance coverage, and consented to a settlement of $275,000. At the time of the accident, Schmerling possessed $100,000 in underinsured motorists benefits by Liberty Mutual, and she commenced this action to recover those benefits. The only issue remaining was the extent of Ms. Schmerling's injuries; there was no claim for “bad faith.” In order to recover under the policy, Schmerling needed to show that the value of her damages exceeded the underlying tortfeasor's $300,000 insurance coverage. At the Final Pretrial Conference, the parties disagreed over the evidence to be submitted to the jury. More specifically, Liberty Mutual argued that the Court must prohibit evidence of the amount of Schmerling's underinsured motorist coverage and her settlement negotiations and agreement with the underlying tortfeasor because they are irrelevant and, if admitted, would be unfairly prejudicial. Schmerling claimed that both the underinsured motorist policy and the underlying settlement amount are relevant, would assist the jury in reaching a verdict, and are not unfairly prejudicial. The US District Court for the Middle District noted that evidence must be relevant to be admissible. Forrest v. Beloit Corp., 424 F.3d 344, 355 (3d Cir. 2005). "Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action." Fed. R. Evid. 401. Nonetheless, relevance alone does not ensure admissibility. Coleman v. Home Depot Inc., 306 F.3d 1333, 1343 (3d Cir. 2002). Alternatively, the court noted that relevant evidence may be ruled inadmissible "if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence." Fed. R. Evid. 403. "Unfair prejudice" is more than simply "damage to the opponent's cause" but rather is "prejudice of the sort which cloud impartial scrutiny and reasoned evaluation of the facts, which inhibit neutral application of principles of law to the facts as found." Goodman v. Pa. Tpk. Comm'n, 293 F.3d 655, 670 (3d Cir. 2002) Previously, Pennsylvania Courts have been divided as to the relevancy and potential for prejudice of admitting the amounts of underinsured motorists benefits available to the policy holder. See Ridolfi v. State Farm Mut. Auto. Ins. Co., No. 15-859, 2017 WL 3198062 (M.D. Pa. July 27, 2017) Here, Schmerling relaid on Noone v. Progressive Direct Ins. Co., No. 12-1675, 2013 WL 8367579,(M.D. Pa. May 28, 2013) wherein the court concluded that evidence of the underinsured motorist coverage, "even if it is merely background information, will assist the jury in completely understanding and evaluating the case" and that the evidence was "not overly prejudicial" to the defendant. Liberty Mutual, on the other hand, cited Lucca v. Geico Ins. Co., No. 15-4124, 2016 WL 3632717 (E.D. Pa. July 7, 2016), a case subsequent to Noone wherein the court determined that the underinsured motorist policy limit did not reach even the "low bar" of being relevant, because it presented no facts for the jury to decide (noting Noone failed to explain how an underinsured motorist policy "would be helpful to the jury or to what disputed issue in the case the information related"). The Lucca court further stated that the same evidence "may very well serve to prejudice by giving the jury an anchor number that has no bearing on damages." In this case, the plaintiffs argued that the policy limit is relevant in establishing defendant's contractual duties, but the Court determined that the defendant's contractual duties were not in dispute. Thus, the Court concluded that the amount of the policy limit was irrelevant to the sole issue for the jury to resolve: the extent and value of Ms. Schmerling's injuries. In assessing Ms. Schmerling's injuries, the jury is expected to focus on her symptoms, medical bills, and evidence of future medical needs. The Court concluded that the underinsured motorist policy limit does not assist the jury in making these determinations. In addition, the the Court found that the relevance of this evidence is substantially outweighed by the danger of unfair prejudice in that it gives the jury an "anchor number" that does not reflect Ms. Schmerling's actual damages. For example, the Court was concerned that the policy limit might cause the jury to inflate its damages calculation based on an improper assumption that Ms. Schmerling's injuries exceed the policy amount. Thus, the Court ruled the evidence of the underinsured motorist policy limit must be excluded. Image courtesy of Pixabay.

Saw this post on my cousin’s Facebook page. So good I wanted to share it: As America fights to figure things out, I'll be holding doors for strangers, letting people cut in front of me in traffic, saying good morning, keeping babies entertained in grocery lines, stopping to talk to someone who is lonely, tipping generously, taking back someone's shopping cart, calling you by the name on your tag, waving at police, sharing food at work, giving children a thumbs-up, being patient with sales clerks and smiling at passersby as often as I am provided the opportunity, buying a total stranger a cup of coffee. Why? Because I will not stand idly by and live in a world where unconditional love is invisible. Join me in showing love, judging less. Find your own way to swing the pendulum in the direction of love. Be kind to a stranger today and every day. It just may be a friend you have never met. Pay it forward for any kindness shown to you in the past. Be the change!!! Be the light!! Start TODAY! Copied from a friend who copied it from someone else, who copied it from someone else. Image courtesy of Unsplash.

Remember your Christmases past? Hopefully they were filled with smiles, warmth and magical moments. Some may not be so lucky to have that experience. Consider generosity to be a must, not a maybe, this holiday season. There are so many children that don’t have a wonderous Christmas. In fact, they have no presents, no tree, no Christmas meal. There’s no bedtime story, nor a warm bed. Moreover, there’s no one to share the experience of trying to stay awake as they await the sound of the reindeer footsteps on their roof. As harsh as it sounds, this is a reality. The reality is that it’s just another day. We all know that every child deserves that night of hope, with the fulfillment of that dream in the morning, at the very least. It does not have to be extraordinary, just ordinary. Children are so precious, and that innocence doesn’t last too long these days. Before you know it, they are growing up and no longer have that sparkle of hope for Santa in their eyes. Many factors contribute to the increasing problem, whether it be a family member’s medical crisis, lost job, difficulties of any sort, whatever the reason may be – we should never judge with the many struggling families and broken homes, more and more children are getting lost. No one to provide these basic necessities. Realistically, many do without the very things that so many take for granted on a daily basis. If you are able to help, please make that difference this holiday season. Children cannot and should not have to provide for themselves. They rely solely upon those around them. For whatever the reason that their families and caretakers are unable to meet these needs, we need to do what we can. Whether you are a neighbor, a teacher or a stranger who sees a family struggle, make a difference in some way. Even a small amount goes a long way. It is truly a magical night of peace and security that each child should be able to experience. It is food on the table, a warm bed to sleep in, surrounded with loved ones to share a story. Help a family get a Christmas tree. Help provide a meal. Warm blankets. Some sort of special treat. This is an issue that is a 365-day, 24/7 problem. Let’s not let Christmas be one of those days anymore. Doesn’t have to be extraordinary, just ordinary – the gift of love. MERRY CHRISTMAS TO ALL! Image courtesy of Unsplash.

This is the third in a series of blogs discussing the erosion of the right to a jury trial. In recent years, politicians and advocacy groups have bombarded us with calls for “tort reform.” It’s usually touted as a way to stop litigation abuse or to curb runaway verdicts. Unfortunately, it’s often little more than an excuse to strip away valuable rights, including the right to a jury trial. We see this in the imposition of damage “caps.” Naturally, one of the jury’s most important jobs in the trial of a civil case is to determine the plaintiff’s damages. But tort reformers think they know best by capping certain kinds of damages. Trial lawyers will tell you that the most significant damages in a personal injury case aren’t always lost wages, medical costs, and other economic losses.  Instead, it’s often noneconomic losses--things like pain, suffering, emotional distress, annoyance, aggravation and inconvenience.  And that’s exactly where the tort reformers go to work. Years ago, the legislature passed caps that applied in medical malpractice cases and in cases against governmental agencies. Then in 2015, the legislature passed a sweeping bill that imposed a cap in all tort cases. Even if someone was permanently and totally disabled and forced to suffer pain every day for the rest of their life, tort reformers said their pain was worth $500,000--not a penny more. Another way tort reformers chip away at the right to a jury is by enacting absolute defenses. The open-and-obvious defense is a good example. Under prior law, it was up to a jury to decide whether a plaintiff should have seen and taken precautions against a danger. The jury would consider all of the facts and the fault of all of the parties in deciding whether a recovery was proper. But tort reformers pushed through a bill creating a new defense that kept many of these cases from even reaching the jury. The framers of our constitution put their faith in jurors, not legislators. Tort reform has taken away more and more of the jury’s voice. That’s bad news for all West Virginians--especially for those who seek recovery for their injuries, only to find that our courts are no longer able to provide full and complete justice. Image courtesy of Pixabay.

Prior to this, the word was we are going to have a wet and cold winter. But according to the Weather Channel, the National Oceanic and Atmospheric Administration (NOAA) is predicting an El Niño winter season, meaning a warmer than average winter. For our area in the northeast, we will see average precipitation or less than average precipitation for the first part of winter and then below average for the second part of our winter season. We have seen an up and down pattern to our temperature thus far but predictions are for warmer than normal temps for most of the country. The Farmer’s Almanac is calling for warmer temps with precipitation for our winter season. I will take that over last winter where we had waterline breaks all over the city and meters freezing at the curbside. Image courtesy of Unsplash.

It’s the time of year where even those who wouldn’t be caught dead at the mall have the occasion to shop. Pretty much everyone finds themselves in need of gifts for family, friends, and coworkers, Secret Santa exchanges, silly White Elephant games, or party favors or hostess gifts. The amount of time that can go into searching for and purchasing all of these presents can really add up, and with the many other obligations that arise during the holidays on top of everyday life, many people find online shopping the fastest and easiest way to get all of their holiday shopping done. In this day and age, most people have at least some experience with online shopping, and for some, it is the only way they buy things. In general, online shopping is a secure and convenient way to quickly purchase anything you need in the comfort of your home or from your phone while on the go. However, particularly around the holidays where more people than ever are shopping online, there are a few things to be mindful of to protect yourself and your bank accounts. First, shop from trusted websites. It can be tempting to run Google searches to look for an item you want at a much cheaper price from a site other than Amazon, eBay, or a major retail store, but purchasing from unfamiliar websites can run the risk of hacking and malware. Strange site addresses, inability to find a legitimate way to contact customer service, poor design, and prices that just seem way too good to be true can all be signs that you should steer clear of typing any personal or credit card information into the site. You are better off sticking to known sites and marking alerts for price drops in items to help find the best deals. In the end, you may pay more for that coat or electronic device, but you can have peace of mind that your identity is secure and you can contact a reliable representative from the company if you have any issues with your orders. Do not use a debit card when making purchases online, use a credit card instead. This will reduce the ability of anyone who may wrongfully obtain your information to actually access your bank account. Instead, you can monitor your credit card statement and quickly dispute any charges you do not recognize. The credit card company will assist you in investigating, and you will not be liable for fraudulent purchases. Disputing fraudulent charges on a debit card is more difficult and riskier to you, as it is your money that has been taken rather than the bank’s, and withdrawals of large sums can put you in a bad spot financially, even if you are eventually able to recover the money. On a similar note, keep a close eye on your credit card. Sometimes purchases may take time to show up on your statement, but regularly checking between the purchases that you have made and the charges on your credit card will help alert you to a potentially fraudulent purchase. Addressing potential fraud as soon as possible will help prevent additional theft or further use of your card and information. Be careful of the information that the website is asking in order for you to make a purchase. Anything other than your payment information and an address to ship the items to can be a red flag. Websites certainly do not need your social security number or birthdate to complete an online purchase. You should also be wary of sites that require extensive set-ups of accounts or make you click through emails or other websites, especially pop-ups, in order to make a purchase. These can indicate phishing schemes. Finally, think about where you want your packages delivered and whether extra security measures should be taken for any particular item you are purchasing. While leaving packages on your front porch from time to time may be no concern for you during most of the year, the holidays are a great time for someone to snatch a few items due to the larger volume of deliveries and better chance that something expensive is contained in the box. Consider having valuable items shipped to an office address or requiring a signature for delivery. You can also try to schedule deliveries to a day when you are certain someone will be home, like a Saturday morning. Having some friendly conversations with trusted neighbors can also help you each to keep an eye on the other’s porches and stay alert to suspicious activities. Taking a few extra precautions while doing your holiday shopping online can help you keep peace of mind over your purchasing and prevent the unlikely, but highly stressful and inconvenient, incidence of identity theft or credit card fraud. Image courtesy of Unsplash.

Almost Heaven is the perfect term for the “Friendly City” of Wheeling during the holiday season. My opinion may be slightly biased since I have not spent the Christmas season anywhere else. Everyone in the city seems to fully embrace the holiday season. My fondest holiday memories always happened tucked in the hills of beautiful West Virginia. Smelling my grandma’s fresh baked sugar cookies; splattering the countertops with holiday colored icing; building snowmen and sled riding. My favorite holiday tradition is seeing the lights. Wheeling is famous for Oglebay’s magnificent display for the Festival of Lights. There is nothing better than a playlist full of Holiday music and driving through the lights. I’m excited to see how the 3D Glasses add a new layer of fantastic to the already incredible lights. Wishing everyone a Joyous Holiday Season! Image courtesy of Unsplash.