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This is my favorite time of year. I love to see the trees turn beautiful colors, knowing that football season is in full swing, and it’s the beginning of hockey season. Barley and Guinness (better known as “the boys” in the office here at Bordas & Bordas) love to run and roll in the fallen leaves. Plus one of my favorite things happens in fall-- Halloween. I love fall’s crisp clean air, craft shows, apple cider by a big roaring fire and pumpkin everything, even though I’m not a big fan of pumpkin. Then there is Halloween.  The time of year you go and get the life scared out of you!  I hate to be scared, but I love getting scared at haunted houses, haunted hayrides, graveyard haunts and ghost hunting.  My poor husband hates when I say I want to go to a haunted house or anything to do with that kind of stuff. He just rolls his eyes and says, “have fun.”  He rarely goes with me. As a kid, I dressed up and ran from house-to-house knocking on doors yelling, “trick-or-treat” and getting candy. The really good houses gave out full size candy bars and with our pillow cases in hand as our treat bags, my friends and I would return home to dump the candy out and head out again.  Halloween was so much fun.  I wish I could still trick-or-treat, but it’s frowned upon when you get to be a certain age.  I think last year was it for me... LOL. Stop and think back to your favorite Halloween costume or your favorite haunted house-hayride-graveyard event and who you were with from the neighborhood you grew up in, your Halloween parade and party at school. Kids today don’t get to have as much fun as we did growing up (at least I don’t think they do). Ok Bordas & Bordas blog readers. Please tell us where you feel the best place in your area is to attend a haunted event?  I’ve been to the West Virginia Penitentiary   Haunted House in Moundsville, but I’m looking for more events to attend this season with some friends here at work. I would love to post pictures of the area’s best haunted places on the Bordas & Bordas blog all month long. Hope to see you out having fun. Happy Halloween and enjoy the fall y’all! Rock on people, rock on.

Most offer letters or employee manuals specifically state that a person’s employment with the company is on an “at-will” basis. What does that actually mean?  What rights do “at will” employees have against employer termination?  Does it matter if an employee has performed well and reported for work as scheduled? The protections vary from state to state, but they have this in common:  the protections are limited, and the employer has the upper hand. According to the National Conference of State Legislatures, employment relationships are presumed to be “at-will” in all U.S. states except Montana.  In fact, the United States is one of a handful of countries where employment is predominately at-will. Generally, an at-will employee may be terminated by his or her employer at any time for any reason, with or without cause, as long as the reason is not an unlawful reason.  What this means is that an at-will employee can be fired without cause, as long as the employer is not terminating the employee for an unlawful reason, such as race discrimination, gender discrimination, sexual harassment, religious discrimination, disability discrimination, and in many states, sexual orientation discrimination. Of course, it has been argued—and it is true--that the at-will arrangement is somewhat of a two-way street, given that employees in an at-will arrangement can quit the company without notice and for any reason or for no reason at all.  To be sure, the 13 th Amendment—with its prohibition on involuntary servitude--insures that no one has to be enslaved to a job and forced to work.  That said, most workers would gladly agree to give the standard two weeks’ notice before leaving, if in exchange, the employer would agree only to terminate an employee for cause.  That kind of job security is not presented in an ordinary at-will arrangement. An at-will arrangement also means that the terms of employment can be changed without notice to the employee or adverse consequences to the employer.  In other words, an employer can unilaterally change a position from full-time to part-time, an employer can change the compensation package, including salary and benefits, and it may reduce or even eliminate paid time off. There are exceptions created by common law and statute, to the at-will doctrine that protect employees from adverse action; these exceptions vary from state to state.   For example, most jurisdictions recognize an exception that protects employees against adverse employment actions that violate a public interest.  For instance, in most, if not all states, it would be unlawful to fire an employee because he or she exercised a right to apply for worker’s compensation benefits.  Refusing an employer’s request to commit perjury is another example of the public policy exception to at-will employment—an employee is protected from being fired in such a situation.  In addition, whistleblowing may provide specific exceptions, particularly where public employees are concerned. Employers and employees are free to modify the at-will rules by entering into a formal contract of employment.  Contracts, however, are the exception, not the rule, and primarily are reserved for higher paying executive positions.  Not infrequently, however, when a dispute arises regarding an at-will employee’s rights, the former (or soon to be former) employer may be willing to enter into a settlement agreement to avoid liability or a formal challenge by the employee.  If that should occur, it would be advisable to seek advice from a qualified professional before entering into any agreement.

Well, did you now that blood type is inherited, just like eye color. Certain blood types are more common in certain countries. In China, over 99 percent of the population has Rh+ blood. Different kinds of animals have different kinds of blood types: dogs have four; cats have 11 and cows have about 800. WOW, these could be great answers on Jeopardy. Human blood is grouped into four types: A, B, AB, and O. Each letter refers to a kind of antigen, or protein, on the surface of red blood cells. For example, the surface of red blood cells in Type A blood has antigens known as A-antigens. THE Rh FACTOR:  Each blood type is also grouped by its Rhesus factor, or Rh factor. Blood is either Rh positive (Rh+) or Rh negative (Rh-). About 85 percent of Americans have Rh+ blood. Rhesus refers to another type of antigen, or protein, on the surface of red blood cells. The name Rhesus comes from Rhesus monkeys, in which the protein was discovered. BLOOD TRANSFUSIONS:  Blood types become very important when a blood transfusion is necessary. In a blood transfusion, a patient must receive a blood type that is compatible with his or her own blood type—that is, the donated blood must be accepted by the patient's own blood. If the blood types are not compatible, red blood cells will clump together, making clots that can block blood vessels and cause death. Type O– blood is considered the “universal donor” because it can be donated to people of any blood type. Type AB+ blood (that’s me) is considered the “universal recipient” because people with this type can receive any blood type. See chart below. BLOOD TYPE % OF AMERICANS WITH THIS TYPE WHO CAN RECEIVE THIS TYPE + 37 percent O+, A+, B+, AB+ O– six All blood types A+ 34 A+, AB+ A– six A+, A–, AB+, AB– B+ 10 B+, AB+ B– two B+, B–, AB+, AB– AB+ four AB+ AB– one AB+, AB– Some people think blood type tells about your personality: Type A is calm and trustworthy; Type B is creative and excitable; Type AB is thoughtful and emotional; and Type O is a confident leader.  What do you think about the above? So, you too can discover what your blood type is as well by giving blood.  It’s not hard to do.  You can help someone in need of a blood transfusion by calling Central Blood Bank at 1-866-366-6771.  Or, go to the Central Blood Bank’s website at www.centralbloodbank.org and schedule your donation right now online.   I hope this blog was informative for you and you take that step and donate your life saving blood in the very near future.  I am donating again on Monday, October 26, 2015, at Wheeling Hospital-Auditorium B . Come and JOIN ME!

Although I have owned Siberian Huskies for 12 years, and dogs in general pretty much most of my life, I never really felt the need to take any of them to obedience class…until Scarlet. Earlier this year I decided I wanted to become involved in the show ring, and set out to find the perfect show puppy.  I had long admired the dogs from Ravenwood Kennel, decided to get in touch with the owner, Mary Alice.  Mary Alice informed me she had one little red/white female available.  So I made the 3 hour drive to Mary Alice’s home, and after watching her run and play in the kennel, I decided that she was the one for me.  Mary Alice casually informed me that the puppy was very ornery and spoiled.  We got her home and decided that we would name her Scarlet, and her registered name became Ravenwood’s Gone With The Arctic Wind.  After only about a week of her being home, we began to see how ornery she was.  As she grew, she liked to shove and knock our Jack Russells around, even going so far as to sit on them.  She tried to make herself “taller” than us by standing on our laps when we were sitting on the couch and looking down at us.  She would jump up on the couch just as I was about to sit down and take my seat.  After doing some research, we learned that these are all signs of dominant, or “alpha” behavior.  Siberian Huskies by nature are very intelligent dogs, but also very stubborn.  I knew we needed to get some help, and quick, or she would never make it in the show ring with the attitude and bad habits she was developing.  I contacted the Upper Ohio Valley Obedience Training Club in Bellaire, Ohio.  Scarlet and I signed up for basic obedience classes which take place once a week in the evenings.  I leave work on Tuesdays at 5 p.m., drive part way back to Cameron to meet my husband or son with Scarlet, then turn around and head to Bellaire for class at 6 p.m.  Sounds like a crazy hassle, I know, but we have enjoyed our one hour class every Tuesday evening and I am simply amazed at how much she has learned and how far she has come in a very short time.  She now knows “sit”, “stand”, “come” and “down”—some of these without even giving verbal commands.  She is doing very well with “heel” and loose lead walking.  We are working on “stay” right now and our homework for next week is to teach her a trick.  She is developing good manners, has a better attitude with our other dogs, and things have improved a lot at home.  Patience, repetition, and good eye contact is the key to successful training and, oh yes, lots of praise and treats! Some of the benefits of dog training are: ·      It provides owners with the skills and knowledge to deal with common, normal dog behaviors, such as housetraining or chewing. ·      It teaches basic good manners for your dog—from politely greeting guests when they arrive to walking nicely on a leash. ·      It provides socialization which is critical to the psychological health of adult dogs. ·      It has been shown to be the single more important thing that keeps a dog in its “forever” home. ·      It builds a mutual bond and enriches the relationship you have with your dog. Scarlet will “graduate” next Tuesday from Basic Obedience, and our trainer, Gary, has recommended that we go on to more advanced training, so we will be enrolling in Basic Obedience II.   I’m confident that once she completes that training we will be ready for handling and conformation classes so that we can eventually get her in the show ring.  If you have a “problem” dog, or just want to have fun with your dog and see how much they (and you) can learn, I would encourage you to enroll in obedience classes, whether it is with the Upper Ohio Valley Obedience Training Club (www.uovotc.org) or with another trainer.  If Scarlet can learn, any dog can learn.

As many of you are aware, I’ve been involved with high school athletics for most of my adult life. I was first certified as a basketball official back in 1985, and 30 years later I’m still at it.  Over the years, I’ve become increasingly frustrated with what I have perceived as people losing sight of what high school sports should be about.  Our society has become so obsessed with winningthat we have forgotten what our children are supposed to be learning from their participation in sports:  the importance of teamwork, the value of hard work and determination and the ability to overcome adversity.  A child makes a mistake in a game, and adults boo him or her.  An official makes (what fans perceive to be) a mistake, and the reaction is frequently vulgar and insulting and sometimes even violent.  Winning has become the most important goal; teaching our young people too often becomes a distant second. Fortunately, there are still some coaches in high school athletics who “get it”.  They understand that coaching a team is more about building character than it is about amassing a winning record.  Two such coaches can be found right here in Marshall County.  I’m talking about Coach Donnie Gilbert, Jr., at Moundsville Middle School, and Coach Rob Chavanak at Sherrard Middle School.  You see, last month, Moundsville and Sherrard were scheduled to play a football game at Monarch Stadium.  The Moundsville team had just added a new player to the roster, a young man by the name of Isaiah Leasure.  Isaiah had inquired about becoming a member of the team, and Coach Gilbert welcomed him without hesitation.  He was issued equipment and a jersey; was given the obligatory sticker on his locker, indicating he was a member of the team; and he took his place at the team lunch table.  No big deal, you may think, until you consider the fact that Isaiah has a neuromuscular condition that requires him to use a motorized wheelchair. With the game against Sherrard coming up, Coach Gilbert saw an opportunity to teach an important lesson in life.  He contacted Coach Chavanak and asked about keeping the teams on the field for an extra down or two at the end of the game so that Isaiah could play.  Coach Chavanak did him one better, suggesting instead that Isaiah be put into the game in the waning moments.  No one cared about whether or not the game was close; no one cared about who ended up winning or losing.  The thoughts of these two coaches centered only upon helping to make a young man’s dream come true, while teaching other young men the incredible power of a simple act of kindness. Isaiah got into the game in the fourth quarter, and his number was called.  The quarterback handed him the ball, and he carried it 65 yards for a touchdown.  Players from both teams celebrated as coaches, officials and fans looked on through glistening eyes.  It was a moment that I’m sure no one involved will ever forget.  Coach Gilbert told me afterward that it had changed his life.  I don’t doubt that for a second. I am so very, very proud to live in a community where things like this still happen, where our children are still taught the importance of kindness and compassion.  So, you may ask, who won the game?  That’s the best part of the story.  Both teams won.

FOR IMMEDIATE RELEASE October 7, 2015 Contact: Michele Rejonis t: 304.905.6005 michele@wheelhousecreativellc.com Circuit Court Approves $18 Million Wrongful Death Settlement by Bordas & Bordas Arising out of Tyler County Explosion WHEELING, W. VA. - A lawsuit arising out of the death of a local man resulting from a 2013 explosion at a Tyler County oil and gas operation came to a conclusion on Wednesday.  The Circuit Court of Ohio County approved the settlement of $18 Million for the wrongful death case that had been filed by the law firm of Bordas & Bordas on behalf of the family of Bruce Phipps. The lawsuit alleged that the negligence of several companies who were involved in operating the Eureka-Hunter Pipeline, LLC Twin Hickory pig launching and receiving station caused the explosion that led to Phipps’ death.  Phipps was survived by his widow, Karen Phipps, who initiated the lawsuit on behalf of the Estate, as well as a daughter, two grandchildren and three siblings. Scott Blass, a partner at Bordas & Bordas, who served as lead counsel in the case commented on the settlement, “This fine man who died as a result of the significant burns received over most of his body suffered in a way that no person should be forced to suffer.  As a result, this family will forever be without a husband, a dad and a grandfather.  The most tragic part of this very sad scenario is that this could have been avoided if these companies simply would have conducted their operations in a safe and reasonable manner.  Although this settlement will not bring Bruce back, we are hopeful that it will cause companies to think twice before putting workers in harm’s way when conducting their operations throughout the Tri-State region.” In addition to Eureka-Hunter Pipeline, LLC, other defendants in the case included Triad Hunter, LLC, Transtex Hunter, LLC, Magnum Hunter Resources Corporation, Apex Pipeline Services, Inc., Exterran Energy Solutions, LP, and Western Oilfields Supply Company, Inc. dba Rain For Rent. Jamie Bordas, managing partner at Bordas & Bordas, who served as lead negotiator on the case, stated “I am very pleased with the work that our firm was able to do in this case.  We take pride in having the experience and talent to fight to try to get large corporations to conduct business in a safer way.  We know that the oil and gas companies are going to be in West Virginia, Pennsylvania and Ohio on a long-term basis and we want to be the ones to make sure that they protect the lives of the workers and citizens in our communities while they are here.” The settlement is believed to be one of the largest, if not the largest, settlements in the history of Ohio County on behalf of a single family. Bordas & Bordas is a plaintiff’s litigation law firm of 19 attorneys based in Wheeling, W.Va., with offices in Moundsville, W.Va., St. Clairsville, Ohio and Pittsburgh. The firm’s attorneys practice throughout the region in diverse areas of law. For more information, please contact Jamie Bordas at 304.242.8410 or Michele Rejonis at 304.905.6005, or visit bordaslaw.com. -end- FOR IMMEDIATE RELEASE October 7, 2015 Contact: Michele Rejonis t: 304.905.6005 michele@wheelhousecreativellc.com Circuit Court Approves $18 Million Wrongful Death Settlement by Bordas & Bordas Arising out of Tyler County Explosion

I have mixed emotions every year as fall rolls around. On the positive side, there’s college football.  I’m a lifelong Mountaineer fan, and I try my best to get to one ball game a year in Morgantown.  The rest of time I’m glued to the television, jumping, yelling and cheering like I was actually in the stands with the rest of the 65,000 rowdy fans.  My wife and daughters also enjoy game day and all of the fun, food and friendship that goes along with it. I’m also a fan of Oglebay Fest, a fall ritual that takes us to Oglebay Park every October.  I almost never buy anything, but it’s entertaining going from booth to booth checking out the newest arts and crafts.  Mostly, though, I go for the food.  I make it a point to get a steak hoagie smothered in cheese sauce with a side of home fried potatoes.  As if that’s not bad enough, I’m pretty sure I’m addicted to kettle corn.  I always leave the park with a big bag--big enough to feed me, my wife and the girls for the whole week. There are other things that make fall worthwhile to me.  I enjoy the colors of fall, especially the splashes of yellow, red and orange leaves on every hillside.  I like bonfires, weenie roasts and s’mores.  But let’s be honest, who doesn’t?  And, of course, fall wouldn’t be fall without Thanksgiving.  Fall reminds us of our earthly gifts and blessings.  For me, Thanksgiving is the high point of fall--a time to remember God and his faithfulness in our lives. But fall can be a bit of a drag too. Let’s start with those beautiful, colorful leaves.  Eventually, they drop to the ground.  That means somebody gets stuck raking them up. Ugh!  What a horrible job!   Unfortunately, I have a giant pin oak tree in my front yard.  It drops half of its leaves in the fall, and then drops the rest in the early spring.  That means I end up raking the leaves twice a year. I’ve blogged before about the pumpkin invasion that happens every fall.  Pumpkin food.  Pumpkin drinks.  Pumpkin everything!  I know there are many pumpkin lovers among you, but I’m not one of them.  I eat one piece of pumpkin pie at Thanksgiving and that’s it.  I’m done.  Thankfully, fall also means pecan pie which, in my mind, helps offset the terrible pumpkin onslaught. Fall also brings cold weather.  It’s not really the cold that bothers me.  It’s the constant changes in the weather--hot, then cold, then hot again.  You don’t know what to wear from one day to the next.  This kind of “revolving door” weather also plays havoc on my immune system.  It seems like every fall I get a bad cold or one of those long, drawn out flu bugs.  Get the Excedrin and the nasal spray ready! So… What about you?  What earns a spot on your list of “best” things about fall?  Or the “worst” things?

Anyone who knows me, knows how much I love my Dad and how very proud I am of all that he has accomplished in his life. Most people know my Dad, Wilson W. “Bud” Wood, as a former history/social studies teacher at John Marshall High School, where he taught for 25 years.  However, many people may not know that prior to moving to West Virginia, he worked for Bendix Corporation at Cape Kennedy in Florida.  While pretty much everyone from my generation is familiar with Cape Kennedy, younger folks may not know that Cape Kennedy, now known as Cape Canaveral, is the launch site for all of the manned space missions in the U.S., from Saturn to Gemini to Apollo and the space shuttles.  Dad began working for Bendix, a multi-national manufacturing and engineering company, in 1965. At Cape Kennedy, Bendix employees worked in one of three divisions: life support; assembling, disassembling and reassembling the astronauts’ breathing and air conditioning equipment in a sterile environment; or the division responsible for maintaining the “crawler”, which transported the rocket and space capsule to its launching pad.  I can still vividly recall the images of those huge rockets being moved, seemingly inches at a time, into launch position at the Cape.  During his years at Bendix, Dad worked in the Life Support Division as a technician.  He was responsible for the astronaut breathing units and also supported the fuel handlers with their safety suits and breathing units.  As a child, I don’t think I fully appreciated the importance of the work that my Dad did, but it has really hit home to me as I have grown older.  Our nation sent men into the void of space, and ultimately to the moon, and it was my Dad who was responsible to make sure they had air to breathe along the way.  As he did his job, Dad quite literally held the lives of our astronauts in his hands. During his career, Dad worked on Apollo Space Missions 7 through 14 and finally on Apollo 17.  As a technician he was always situated close to the launch pad, with extra breathing and air conditioning units available in the event of an unforeseen problem.  Dad has told me countless stories about the sleepless nights he endured as engineers worked through the near-tragedy of Apollo 13, and the immense pride he felt upon being chosen for the Apollo 11 mission in 1969, when the U.S. put the first man on the moon.  If it wasn’t for my Dad, Neil Armstrong, Buzz Aldrin and Michael Collins would have been in big trouble up there. Dad tells me that several other people from our local community, including folks from Moundsville and Glen Dale, worked at Cape Kennedy as firefighters, engineers, technicians and safety inspectors to name just a few.  Needless to say, I never get tired of listening to the stories my Dad tells me of his time at Cape Kennedy and I could not be more proud of his contribution to our historic space program.

Last week, my wife, Linda, and I were two of the fortunate people who were able to attend the mass celebrated by Pope Francis in Washington, D.C. Linda and I were quite excited when we left Wheeling and made our way to our nation’s capital, hoping that we would be close enough to actually see him and feel like we were truly participating in the proceedings. The trip to D.C. was extra special for Linda and me because one of our friend’s sons was being married in the same church that the Pope celebrated the mass in on Saturday.  Thus, we would be able to see the outside mass being celebrated by the Pope, and a few days later, be able to participate in the wedding celebration inside the church. We chose to stay in Alexandria because of its close proximity to Washington D.C. and its old world charm.  We walked the three blocks from our hotel to the subway station and took the subway to the location of the celebration of the mass.  When we arrived approximately two hours early, we were met with an incredible line of people attempting to make their way through the security check points.  Unfortunately, the lines moved very slowly in the hot afternoon sun.  We finally arrived at the security check point only to have a number of priests move in front of us because they were running late for the celebration and had to be promptly ushered through so that they would have time to change into their vestments they would be wearing to participate in the celebration of the mass.  Nonetheless, we made it through the security checkpoint, our bags were searched, the security wand was waived over our bodies, we showed identification and our tickets and we were ushered on to the next staging area. We found the section our tickets permitted us to sit in and were able to locate two vacant seats only two rows from the front.  We were able to get somewhat close to the Pope as he was processing through the crowd while in the Pope Mobile.  Then, after waiting approximately another hour and listening to the beautiful choir music and magnificent orchestra, the mass began.  We were able to see the side of the alter, although we could only see the Pope from the Jumbotron.  The mass lasted about an hour and a half, mostly because almost everyone at the location was Catholic and received communion.  Even though there were different stations for communion with different Eucharistic ministers participating, it was still quite a process. The mass ended and the processional song was “Holy God We Praise Thy Name,” which may not mean much to some of you who are reading this blog, but it is the very same recessional song that we sing at daily mass at St. Michael’s church here in Wheeling. There was such great anticipation and excitement about attending the event, and actually being that close to the Pope, who has touched so many lives throughout the world, that the end of the event was almost shocking.  We had traveled a good distance, waited in long lines, participated in the celebration of the mass, and it was something that we wanted to go on and on and on, but like all good things, it came to an end all too quickly. Not surprisingly, when Linda and I returned by subway to Alexandria, we were exhausted from having traveled from Wheeling to D.C. and standing and sitting in the hot sun for most of the afternoon.  I can’t imagine how Francis, this gentle man of 78 years, has the stamina and the energy to maintain the incredible schedule that he maintains and that he had while he was here in the United States.  Surely, if you’ve ever traveled overseas, you know that the trip itself is enough to cause you to want to rest in your bed for an extra day.  Can you imagine flying from Rome, meeting with people non-stop, having to bring your A game at every single event, meeting with dignitaries and people of every age, race, sex, color, creed and status, and then to jet back to another continent almost immediately upon finishing your whirl-wind trip? I’m hoping that the message of love, forgiveness, mercy, kindness and caring that the Pope brought to America is contagious and that it lasts not just a few hours or a few days, but is something that we as a nation can grab hold of and build on.  I personally think it can be passed on person-to-person, step-by-step, day-by-day.  I also think that if we follow the Pope’s message and love our neighbors as ourselves and look for opportunities to do good, that together the people in this world can turn many of the negatives into positives and will have a much better place to live.

According to a report released earlier this summer by Trust for America’s Health and the Robert Wood Johnson Foundation, West Virginia has the highest rate of overdose deaths in the United States—more than double the national average. In 2011 to 2013, there were about 34 drug overdose deaths per 100,000 West Virginia residents in 2011 to 2013. The national average was only 13.4. Even when compared to the second-highest state, New Mexico, which was at 28.2 overdose deaths per 100,000 residents, West Virginia was still way ahead. And the Ohio Valley is no exception. In 2014, the Ohio Valley saw an increase in overdose deaths. This increase led to the creation of a federal task force, as well as U.S. Attorney Bill Ihlenfield’s Ohio Valley Addiction plan, with the hopes of combating the region’s drug problems. Of particular importance, however, is the increase in heroin overdoses and related deaths.  In 2014, it was estimated that two to three heroin overdoses occurred each week in the Ohio Valley. Young adults, which are more susceptible to developing an addiction to heroin, were the hardest hit. In June, high school students from the Ohio Valley unveiled the newest heroin awareness public service announcement (PSA) called #ThisIsHeroin. The PSA was created as part of Ihlenfield’s Ohio Valley Addiction plan. Wheeling Park student Noah Clune wrote and produced the entire PSA.  In an interview with WTRF, Noah stated: “I want to increase awareness to everyone of what’s happening in the Ohio Valley because we . . . have a serious problem.” “The heroin epidemic,” as it is being called, has pressured some states to adopt laws on the use of naloxone in schools. Naloxone, also known by the brand name Narcan, can reverse the effects of an overdose; it works almost immediately to get the overdose patient breathing again. Five states have adopted laws this year on the use of naloxone in schools. Rhode Island, for example, requires naloxone to be available in all middle, junior high and high schools. Other states allow schools or encourage schools to buy it. With the increase in drug overdoses and related deaths, including those resulting from heroin, should West Virginia follow suit?

Sadly, many nursing home residents and/or their families feel compelled to place video surveillance systems in the resident’s room. This is so because video surveillance can be a powerful deterrent to abuse and neglect; it can often assist in identifying and punishing the perpetrators of these offenses; and, it can be of an immense benefit to residents and their families in civil damage law suits. Just last year in Pennsylvania, hidden video surveillance helped the Commonwealth’s prosecutors convict nursing home employees of crimes of abuse and neglect, and has assisted our firm in recovering reasonable compensation for those affected by this senseless conduct. The countervailing force against video surveillance in nursing homes is of course the loss of privacy.   The resident, for one, may object to live in a proverbial fish bowl, with little or no privacy, and to some, a substantial loss of dignity.  The resident’s roommate would have substantially the same rights; and, to a lesser degree, employees and visitors have certain reasonable expectations of privacy. Often times, the resident and/or the family believe it is perfectly acceptable to place hidden cameras in the resident's room without notice to third parties.  Unfortunately, placing hidden video cameras in Pennsylvania's nursing homes can, in certain circumstances, violate federal and state laws. For instance, in Pennsylvania it is a criminal offense to record audio without the consent of the person being recorded.  This conduct thus violates Pennsylvania's wiretapping laws. Those found guilty of the crime are subject to criminal and civil penalties, including actual damages, $100 per day, or $1000, whichever is greater, along with punitive damages, litigation costs and attorney’s fees. So, before you hit that "record" button, make sure you are not recording conversation without the consent of the other party. That being said, Pennsylvania has no law that makes it criminal offense to place a hidden video surveillance camera (again no audio) in a resident's room.  However, the conduct may violate The Omnibus and Reconciliation Act (OBRA), a federal law that regulates the conduct of all nursing homes doing business in the United States.  This law states that skilled nursing facilities must promote and protect patient rights, including, "he right to privacy with regard to accommodations, medical treatment, written and telephonic communications, visits, and meetings of family and of resident groups. " Accordingly, if the nursing home facility locates the video surveillance camera, they are authorized by law to remove it.  Moreover, the nursing home facility is within their right to refuse to allow video surveillance in the resident's room going forward.  Still, many nursing homes approve the use video surveillance provided that the appropriate consents and surveillance parameters can be agreed upon.  For example, the facility, in addition to acquiring all necessary consents, may require visible postings to warn individuals that the area is under surveillance. While the Pennsylvania Health Care Association, with nearly 450 long-term care providers as members, has not made any rules on the use of video cameras, there are many elder advocacy organizations that support the use of video surveillance when the resident consents and privacy safeguards are in place. “You’re dealing with a vulnerable population and if a resident wants that to feel more comfortable, we certainly think they have right to have that type of monitoring,” said Amity Overall-Laib, a manager at The National Consumer Voice for Quality Long-Term Care. Moreover, the American Association of Retired Persons (AARP) has a national policy supporting the use of cameras for communication and surveillance, said Ray Landis, advocacy manager for AARP. As intimated above, there is no law in Pennsylvania that requires a nursing home to place video surveillance cameras within its facility, even if the resident consents to placement.  Accordingly, when choosing a nursing home facility for you or your loved one, you might consider raising this issue with the nursing home facility’s administration. 18 Pa. Cons. Stat. § 5703, et seq. sets forth the law concerning the interception, i.e. recording, of a communication.  Unless falling under an enumerated exception under this Act, the interception, disclosure or use of wire, electronic or oral communications, a person is guilty of a felony of the third degree if he: (1) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication;... 18 Pa. Cons. Stat. § 5725 42 U.S.C. § 1395i-3(c)(1)(A)(iii) (1994). Pennsylvania.http://publicsource.org/investigations/eye-inside-do-cameras-nursing-homes-protect-or-intrude#.Vf9gH1r3arU Id. Id.

Picture this scenario, you just built your dream house on a beautiful piece of property in the country side. Some of your favorite things about the property are the view of the beautiful rolling hills from your deck, the fact that you can allow your children to run free around your property without worrying about their safety, and the peace and quiet you come home to after a long day of work.  One day, you notice several men doing work on the property across the street.  Soon, several men turn into many large trucks that are kicking up dirt on your property.  Next, you are told by your neighbors that an oil and gas company bought the property across the street and will be using it for their operations. Over the next several months, your family is forced to deal with noise and light on your property during all hours of the day and night.  Not only can you not sleep at night, but you wake up to smell odd fumes and odors, walk out on your deck and see your property covered in dust and dirt, only to look up and see a large flare across the street.  Your air conditioner no longer works and you believe that cracks are starting to form in the foundation of your house. Moreover, no one wants to live on your property and, as a result, it is worth less than half of its previous value.  Your little piece of paradise now looks more like an industrial zone and there is no end in sight. Many of our clients have called with similar stories, wondering what rights, if any, they have.  In West Virginia, Ohio and Pennsylvania, individuals have the right to bring a claim for substantial and unreasonable interference with the private use and quiet enjoyment of their land.  This blog will not discuss the technical aspects of the laws of each state, but I do want to let our readers know that they may be entitled to compensation for the loss of their property value, stress and anxiety, annoyance, inconvenience and other issues caused by oil and gas operations. In many cases, the oil and gas company has the right to use neighboring properties for their operations.  However, you may be entitled to compensation for the damages their operations cause to your property.  It would be impossible for me to write a blog discussing the laws of different states and how they may apply to all of the different scenarios that could exist.  Therefore, if you have a question regarding the damages that someone else is causing to your property, always feel free to call our office for a free consultation.  Many times, if I cannot help someone, I do my best to point them in the direction of someone who can.