Blog

This weekend the OVAC Bill Brubaker Swimming Championship will be held at Steubenville High School. My daughter, Alexis Causey, who is a 14-year-old freshman at East Richland Christian School, will be competing in the 50 yard and 100 yard freestyle events. This meet will be very challenging for Alexis.  In addition to the disadvantages of competing for a small school as its sole member, Alexis is attempting to come back from her third knee surgery in less than two years after suffering a severe track and field injury that aggravated a genetic deformity of the kneecap.  Just prior to her injury, Alexis swam her best 50 yard freestyle time placing at a five state zone championship that was held at the University of Toledo with swimmers from Michigan, Indiana, Kentucky, Ohio and West Virginia all competing.  She also shined in the 50 yard butterfly during this event and helped lead the Wheeling Cardinal YMCA, 11-12 girls relay team to 4 th and 5 th place finishes. Since her injury, Alexis has missed a lot of time in the pool and spent countless hours rehabbing her knee.  While other swimmers her age have been improving, Alexis is still fighting her way back to the marks she set as a 12-year-old.  However, it appears she may have turned the corner.  Impressively, at a sprint event earlier this year, Alexis, by herself, scored more points than each of the following high school girl teams: Barnesville, Bellaire, St. Clairsville and Wheeling Central, resulting in a second place finish for East Richland behind Martins Ferry.  I am one proud dad and wish her luck this weekend.

Congratulations to Randy Johnson, Pedro Martinez, John Smoltz, and Craig Biggio on their election to the Baseball Hall of Fame earlier this month. All four are well-deserving of the honor, but Martinez deserves special mention in my mind.  The Pedro Martinez of 1999 was like nothing else I’d ever seen.  Twenty-three wins against only 4 losses, an ERA of 2.07, 313 strike outs against 37 walks, 5 complete games, and an opponents’ batting average of .205. I was living in Cleveland that summer and I paid way more than I should have just to see Pedro pitch for the Red Sox against the Indians in the middle of the famous Jacobs Field sell-out streak.  Pedro had the best fastball in the game, the best curveball in the game, and maybe the best change up of any pitcher ever – all at the same time.  Amazing. Smoltz stands out as well.  His ability to transition from dominant starter to dominant closer was incredible and maybe only rivaled in the history of baseball by Dennis Eckersley. Now for the bad news. The Baseball Hall of Fame (HOF) has a real problem.  In a sport driven by historical stats and records, there are a few notable absences at Cooperstown.  The all-time hits leader, Pete Rose (4,256), is not there because of gambling.  Baseball’s all-time home run leader also holds the single season home-run record.  That’s Barry Bonds with 762 career home runs and 73 in 2001 alone.  Roger Clemens is another name missing from the HOF despite 354 career wins, 11 all-star appearances, and an astounding seven Cy Young Awards.  Of course, Bonds and Clemens are tainted by the PED era, as are other notable players who would probably be in the HOF if not for those suspicions.  Mark McGuire and Sammy Sosa are at the top of that list. Rose is a special case in that his absence from the HOF is not PED related and I think it’s long past the point where Rose should be in the HOF.  Whatever his gambling issues were, his hits were legitimate and he should be in.  If there is a lesson to be learned from Rose, Bonds and Clemens, it’s probably that if you go out of your way to be difficult to people your entire life, it’s going to be hard to find friends during hard times.  With that said, McGuire isn’t in the HOF either despite the fact that he has been honest and contrite about his mistakes. Before getting into what I think the HOF should do, let me be absolutely clear about something.  Using steroids (at least after 1991) is cheating. I have no tolerance for people who argue, “Well, steroids don’t help you make contact” and so on.  Give me a break.  First of all, steroids do help you “make contact.”  One of the main benefits of PEDs is that they allow players to overcome the nagging injuries and exhaustion that is an otherwise normal part of the 162 game grind.  PEDs also help a quick bat, which is the primary driver of making contact in the first place.  Most importantly, “making contact” is not as important as what happens to the ball once contact is made.  A harder-hit ball not only clears the fence more often, but it also finds the gap more often.  How many times do you see a ball glance off a diving fielder’s glove?  How often do you see that line drive sail just over the jumping fielder?  There are probably dozens and dozens of AA level ballplayers who could “make contact” at the Major League level who will still never make it because even though the bat would hit the ball, they would still hit .150 because the ball wouldn’t go anywhere. With that in mind, it’s easy to look at the players tainted by the “Steroid Era” and say that they should all be banned from the HOF as cheaters.  There are a few problems with that.  First and foremost, absent some exceptions, we really don’t know who was cheating and who wasn’t. I admit that it is hard to look at Barry Bonds as he appeared for the Pirates and compare it to how he looked in San Francisco and not think something was up, but the same can be said for many of the players of that era.  What do you do about players where suspicions remain, but the connections are not obvious?  It seems to me that players are being kept out based on the suspicions or gut-feelings of the voters when there is no proof one way or the other. At this point, the HOF vote implicitly carries with it a finding by the voters about whether the player was or was not on PEDs.  Did you get in?  The voters must think you were clean.  Didn’t get in?  The voters must think you were dirty.  As the years go by, the HOF voting will be one of the historical records that people rely on to determine who was and who was not implicated by PED cheating.  So what should the HOF do? I suggest that the HOF should confront the issue head on, rather than dancing around it like they are doing now. As a first step, any voter who is keeping a player off the ballot because of steroid suspicions should be forced to say so.  Maybe not publically, but at least to the HOF itself.  This would give us three categories of players:  Those who are in, those who are out, and those who would be in but for PED suspicions.  Next, I suggest forming a panel of former players, coaches, writers, and other well-respected members of the public to evaluate the players who are in the PED-suspicion category. The players in this group should be given every opportunity to present any evidence they wish in favor of their candidacy. They should also be given the option of withdrawing their name from consideration.  The committee would evaluate the evidence and come to a conclusion about what should be done:  The committee could find that there is insufficient evidence to suspect that the player was substantially aided by PEDs, in which case the player would come into the HOF as would any other player.  The committee could find that the player’s career was so tainted by PEDs that they would not otherwise qualify for the HOF and deny admission.  I would reserve a third category for players who deserve to get in despite PED use.  These players would come into the HOF with a qualification on their admission, some notation on the player’s plaque about the “Steroid Era” and its effect on baseball.  To me, honesty and contrition would play a big part in this.  Mark McGuire should not be excused for what he did, but his honesty would go a long way for me in welcoming him to the HOF, with qualifications, just as he has been welcomed back into baseball itself. This process would serve those who feel that the story of baseball cannot be told without some recognition of what happened in baseball during the Steroid Era.  It would also serve those who contend that the single-season home run record still rightfully belongs to Roger Maris and that Hank Aaron is still the Home Run King. Like it or not, PEDs were a part of baseball for a long time.  Players used them.  Managers, staff and baseball itself largely looked the other way.  Fans are just as easy to blame.  I cheered right along with everybody else in the summer of 1998 as Sosa and McGuire launched homer after homer.  Anything was better than the strike of 1994-1995.  It’s time that players, baseball and fans come to terms with that era.  The HOF is as good a place to start as any other. By the way, lost to history is the fact that when the 1994 strike went into effect, the Montreal Expos were in first place by six games, featuring players on the roster like John Wetteland, Wil Cordero, Moises Alou, Marquis Grissom and Larry Walker.  More than 1.2 million of the much-maligned Montreal baseball fans packed Stade Olympique for the games.  Part of Montreal’s success that year was attributable to a young pitcher from the Dominican named Pedro Martinez, who finished the shortened season with a record of 11-5.

Be aware - if you sue for civil damages in Pennsylvania and if you know or should know that your mental health will be an issue, even though you are not seeking compensation for mental health injury, your confidential involuntary mental health records are no longer deemed privileged or protected. This past October, the Pennsylvania Supreme Court, in Octave v. Walker, held that a patient waives his confidentiality protections under the Mental Health Procedures Act where, judged by an objective standard, he knew or reasonably should have known his involuntary admission mental health would be placed directly at issue by filing the lawsuit. The pertinent facts: On June 21, 2007, plaintiff's decedent, James Octave, was struck and killed by a tractor-trailer driven by defendant, Walker.  Based on eyewitness reports, the Pennsylvania state police concluded Mr. Octave attempted to commit suicide by jumping under the truck’s trailer.  The decedent's wife later sued multiple defendants claiming their individual and collective negligence in causing her husband's death.  Because the state police concluded Mr. Octave was attempting to commit suicide, defendants sought discovery information regarding the decedent's mental health history and access to his mental health records, which plaintiff refused to produce. The Pennsylvania Mental Health Procedures Act (MHPA), 50 P.S. § 7111 provides, in pertinent part: (a) All documents concerning persons in treatment shall be kept confidential and, without the person’s written consent, may not be released or their contents disclosed to anyone except *** In no event, however, shall privileged communications, whether written or oral, be disclosed to anyone without such written consent. The MHPA protection, once held absolute, provides incentive for a narrow class of citizens requiring involuntary mental health treatment to be honest and completely transparent in their complaints and health history.  Honest and transparent patient reports are necessary for proper diagnoses and treatment.  Historically, mental health professionals have used the MHPA's confidentiality provisions as incentive for patients to be truthful and complete so they can put themselves in the best position for a long-term cure. Over the years, Pennsylvania courts have limited the application of the MHPA confidentiality provisions.  First, courts have ruled that the MHPA protects from disclosure only involuntary mental health treatment - the MHPA does not protect from disclosure records surrounding voluntary outpatient mental health treatment.   Courts have also refused to uphold the MHPA privilege when a plaintiff has sought compensation for alleged "mental health" injuries, e.g. anxiety and depression.  In those cases, the courts have held that when the plaintiff places his/her mental health care at issue in the case, they waive the MHPA protection. In the Octave case however, the plaintiff did not place any mental health claims at issue.  Nonetheless, because there was "objective" evidence, i.e. eyewitness statements, placing Mr. Octave's mental health at issue, the MHPA protections afforded to Mr. Octave were waived when the lawsuit was filed. It should be noted that the dissent thought that the Pennsylvania Supreme Court majority was wrong in degrading the privilege since there were less intrusive means for the defendants to defend themselves, i.e. through eyewitness statements, the Pennsylvania state police observations, experts and the decedent's voluntary outpatient mental health records.  The majority of the Supreme Court did not find that the "less intrusive means" axiom applied because the patient died and therefore his state of mind could not be examined. Some believe that this is just another example of an intrusion into one's civil liberties. An individual's involuntary inpatient treatment record was once held sacred and completely immune from discovery.  Now, mental health professionals will need to modify their discussions with patients since the MHPA protections are not absolute.  Hopefully, this holding will not have a deleterious affect on those individuals so desperately requiring mental health treatment; and, will not increase the risk of harm to Pennsylvania citizens. EndFragment

It’s that time of year again. Old Man Winter has turned on the sub-zero temperatures and everything outside is freezing. You’ve seen on social media sites and on TV that it is recommended you bring in your pets at  night. Well, we also need to keep them inside during the day, too.  Freezing temperatures don’t only happen after dark. Let your pets be covered with a warm blanket instead of a blanket of snow. Also, if you see an animal outside without the proper necessities like shelter, food, water, blankets or straw, please call your local authorities.  You could just save an animal’s life. Adopt. Don’t shop, and please spay and neuter your pets to keep our animal population under control.  The goal is to find every shelter animal his or her furever home, one animal at a time. Please visit the Marshall County and Ohio County Animal Shelters’ Web or Facebook pages to see how you can help your local shelter or to obtain information about upcoming fundraisers. Bark on Bordas Dog Nation, Bark on. EndFragment

I am a proud mother of a breaking out, new young actress! My daughter Aleigha ( back row, last one on the right) has been accelerating her acting skills and will be in the upcoming Towngate Children's Theatre presents “The Reluctant Dragon.” This show will be an exciting children’s show that’s certainly for big kids, too.  It’s the story of a peace-loving dragon and his young friend, Glaston.  They face challenges of prejudice and misunderstanding as they take on the villagers of Guildemere, who blame the dragon for their misfortunes. These very important learning life lessons are presented in such a fun way to all that everyone attending is guaranteed to have a great time and hopefully come away with a better outlook on perceptions and others in general. The show opens at 7 p.m.,Friday, January 30.  There are additional show times as well. Tickets can be obtained by calling (304) 242-770.  At 3 p.m., Saturday, January 31,  children can stay after the show for a special “Dragon Faire.”  There is a variety of themed-activities including maypole dancing, face painting and juggling with the Court Jester. Good luck Aleigha and all the cast.  All the hard work and time you dedicate deserves applause and recognition because your love of the art that brings smiles to so many faces is admirable, at least the way I see it.

Distracted driving is not illegal in all states, but it is deadly in every state.  I thought I would begin with that HUGE statement.  Don’t be a statistic.  Distracted driving and texting related accidents are on the rise. Texting on your cell phone and now talking as well while driving, without a hands free device, is ILLEGAL in West Virginia.  It is also illegal in: California, Connecticut, Delaware, Maryland, Nevada, New Jersey, New York, Oregon, and Washington, as well as Washington, D.C., Puerto Rico, Guam & the U.S. Virgin Islands.  All drivers must use a hands free device for their cell phones while driving. I have listed below a few cell phone apps that you can download:  AT&T Drive Mode, Live2Txt, DriveOff and Canary.   I am sure there are others, but these are just a few that I discovered online. DESCRIPTION:  “AT&T Drive Mode” This App is what I use on my cell phone which is a Samsung S4.  I love it.  I set it up to automatically turn on when I am driving.  It automatically responds to text messages with this statement:  “Thank you for your msg.  I’m driving, but I’ll get back to you when I get off the road.  No text is worth a life, so never text and drive. It CAN WAIT.”  You can also set it up, if you have Bluetooth, to allow cell phone calls to come through to you.  That is, if you have Bluetooth “hands free” capability in your auto. This App does not work with an iPhone. DESCRIPTION: “Live2Txt” Live2Txt is the easiest way to block incoming texts and calls while driving or in a meeting. With just a click of a button you can easily silence your smart phone from the incoming notifications of texts and calls. Live2Txt will send a customized message alerting the person that you are unable to respond. This simple application will allow you to selectively block: phone calls and incoming SMS texts, incoming SMS texts only, or incoming phone calls only. The message feature is great for parents and loved ones who want to be notified when you are on the move. Simply turning the app on and off will send a SMS to the notification number. For Android users the notification function will pair two devices for push notifications. DESCRIPTION for ESURE’S:  “DriveOFF” Mobile devices are more of a distraction to motorists than a screaming child and feeling stressed. A single beep of a phone diverts motorists’ gaze away from the road four times longer (2.30 seconds vs. 0.48 seconds) compared to standard driving conditions even when unanswered. Esure’s DriveOFF app will prevent your phone from distracting you while you drive. Once you reach 10mph the app will automatically turn off all notifications and incoming calls and display a static screensaver of your choice, instead of your distracting phone screen. Download the app:  - Choose your own distraction free screensaver - Start driving - The app detects that you are driving and off it goes! Description for: “Canary” You can go on their website and peruse all you want and the app is FREE- http://www.thecanaryproject.com/support/ Please check out the above apps for your cell phone. PLEASE NEVER TEXT & DRIVE OR TALK & DRIVE WITHOUT A HANDS FREE DEVICE. IT CAN WAIT!! IT COULD BE DEADLY FOR ANY ONE OF US!! Distracted driving is not illegal in all states, but it is deadly in every state. I thought I would begin with that HUGE statement. Don�t be a statistic. Distracted driving and texting related accidents are on the rise. Texting on your cell phone and now talking as well while driving, without a hands free device, is ILLEGAL in West Virginia. It is also illegal in: California, Connecticut, Delaware, Maryland, Nevada, New Jersey, New York, Oregon, and Washington, as well as Washington, D.C., Puerto Rico, Guam & the U.S. Virgin Islands. All drivers must use a hands free device for their cell phones while driving.

I think we often forget how much we are watched by our children and grandchildren. At a very young age, they watch us and mimic us.  That is how they learn about the world and about how to treat others.  Children build their worlds around those that are close to them.  They admire and want to be just like mommy and daddy, grandma and grandpa, aunt and uncle.  Little ones are like sponges, they soak up everything they see and hear. My daughter sent me a picture of my granddaughter which brought this all to mind.  Here’s my granddaughter wearing her mommy’s toe separators after mommy had a pedicure.  However uncomfortable those toe separators had to be on these tiny feet, it didn’t matter, she wanted to do what mommy did. Not only do children watch what those around them are doing – they remember it!  Most importantly, they learn from it.  So if you want your children to be good listeners when they grow up, you have to be a good listener now.  If you want your children to be kind to people when they grow up, you have to be kind to people now.  If you want your children to speak softly, use proper language, save their money, exercise, eat healthy, love books, be mannerly and a host of other traits, that is what you need to do in your everyday life. The lesson here is to remember when you are around children, your own or others, they are watching you!  Children will see what you do and do what you do.

According to an old saying, the only thing permanent is change. I have experienced a lot of change - particularly in my office space - in the time I have worked for Bordas & Bordas, and I couldn't be more grateful for all the opportunities I've had to work in several of our locations. When I was first hired, I worked out of our St. Clairsville office, which is directly across the street from the Belmont County Courthouse. Our office there is in a beautiful townhouse, and my desk was right next to a green tiled fireplace. Whenever the weather was nice enough, I liked to walk over to the Courthouse and eat lunch outside. It was something small to look forward to everyday - like getting to have a picnic at work. Before I ever set foot in our St. Clairsville office, I heard stories from some of our staff members about the basement there being haunted. I never heard or saw anything that made me think I was sharing my office with ghosts, but I did get locked out of the building once by a nervous attorney (who shall remain nameless) who locked the basement door when he was working late, just in case there might be ghosts stomping around downstairs. In early 2014, I had the chance to move to our Wheeling offices and work out of our former location on Cypress Avenue, which is now occupied by our friends at Wheelhouse Creative. "Cypress," as we call that house, is a more modern building, but it was still a very fun place to work. Because there were only a few of us working in Cypress, it was a much quieter place than the hustle and bustle of the house on National Road. Cypress was a pleasant and peaceful place to call home, and I hope the folks at Wheelhouse enjoy it there as much as I did. Finally, in the fall of 2014, I moved into the "big blue house" on National Road. I was very excited to have a desk here because I have loved this house from the first moment I set foot in it for my interview. I currently work all the way up on our third floor, in a cozy office with a dormer window and tons of charm. Our National Road location is certainly busier and louder than the other two offices in which I've worked, but I wouldn't change a thing about it. Several of our staff and attorneys work at the big blue house, and I'm glad I've had a chance to see them more often now that I have joined them. That may sound like a lot of moving around, but I have enjoyed all of the desks and offices that I have called home since I started working for Bordas & Bordas. Each place I've worked has given me a chance to get to know a new set of people better. While I talk to everybody who works for the firm regularly, that's very different from actually getting to share space with my co-workers. My favorite part of my many desks has been the opportunity to get to know everyone who works at Bordas & Bordas.   According to an old saying, the only thing permanent is change. I have experienced a lot of change - particularly in my office space - in the time I have worked for Bordas & Bordas, and I couldn't be more grateful for all the opportunities I've had to work in several of our locations. When I was first hired, I worked out of our St. Clairsville office, which is directly across the street from the Belmont County Courthouse. Our office there is in a beautiful townhouse, and my desk was right next to a green tiled fireplace. Whenever the weather was nice enough, I liked to walk over to the Courthouse and eat lunch outside. It was something small to look forward to everyday - like getting to have a picnic at work.

The 2010 explosion at Massey's Upper Big Branch mine killed 29 coal miners. The 2014 Freedom Industries chemical leak left hundreds of thousands of West Virginians without usable water for a month. Over the past year, the major architects of these disasters, Don Blankenship and Gary Southern have found themselves indicted for their crimes. Blankenship's involve deliberate indifference to safety in pursuit of profit. Southern's are similar, but include a healthy dose of fraud charges for attempting to cheat the victims out of compensation. Before these indictments came in, Massey settled civil "deliberate intent" cases brought by the families of the miners who needlessly lost their lives. Freedom Industries, grossly underinsured and undercapitalized, went to bankruptcy to try to protect its corporate partners rather than even attempt to pay for the catastrophe it caused. But as most West Virginians knew from the start, there was criminal wrongdoing at the heart of both cases. The widespread agreement that companies and their corporate leaders should be held accountable makes some current proceedings in Charleston a real mystery. Having freshly gained the majority in the Legislature, Republicans are attempting to pass legislation aimed at giving immunity to the likes of Massey/Blankenship, and Freedom Industries/Southern. This outrage is spread across more than one bill, and every West Virginian should know about them. The Upper Big Branch widows brought their cases against Massey under a cause of action called "deliberate intent." This type of claim is reserved for employers who intentionally put their workers in harm's way, as Massey did. The new GOP majority introduced a bill to essentially abolish this kind of claim -- leaving the families of recklessly killed coal miners with a small administrative payment coming nowhere near replacing even their lost wages. The GOP bill would reduce coal miners lives to a small "cost of doing business" and threaten to leave their families on public assistance. While they are at it, the new Republican majority is attempting to grant categorical immunity to companies that break the law, as long as they break the law in an "open and obvious" way. The legislation gives immunity even to those who intentionally break safety laws, as long as it is brazenly done. Discussion at the first hearings on the new law focused on how laws require, for example, smoke detectors in hotels, but since it's "obvious" when they aren't there, a hotel would not be liable to guests killed in a fire because of the lack of them. If student apartments in Morgantown lacked fire escapes -- well, they're "obviously" not there, aren't they? Moreover, the chemical tank inspection law passed after the Charleston water crisis is on the chopping block too. The new majority intends to weaken the law, by allowing thousands of tanks of noxious chemicals to go uninspected, courting a repeat of the 2014 disaster. The big discovery last year was that tanks like those belonging to Gary Southern and Freedom Industries were unregulated leading up to the disaster. It would be hard to imagine a clearer case for the public to protect itself than the unprecedented Charleston water crisis, but this new legislative majority is not convinced. Last year, Republicans campaigned on a platform of making West Virginia more "business-friendly." Is this what they meant? Are we really looking to allow companies and CEOs to hurt or even kill employees with impunity -- no accountability to families? Do we want to give companies permission to break the law by promising them no consequences if they do? And if careless chemical storage can deprive an entire region of usable water, is it too much to ask for the owners of the hazards to check them for leaks from time to time? Accountability for wrongdoing that hurts innocent people is a core American value. Maybe these extreme bills -- the first wave from a party held out of power for eighty years -- will prove to be just a rush of blood, and cooler heads will prevail. But if this radical agenda moves forward, and this is just a part of it, West Virginians will be open to unprecedented levels of abuse from the likes of Blankenships, Masseys, Southerns, and all of their ilk who pursue the almighty dollar at any cost to ordinary workers.   The 2010 explosion at Massey's Upper Big Branch mine killed 29 coal miners. The 2014 Freedom Industries chemical leak left hundreds of thousands of West Virginians without usable water for a month. Over the past year, the major architects of these disasters, Don Blankenship and Gary Southern have found themselves indicted for their crimes. Blankenship's involve deliberate indifference to safety in pursuit of profit. Southern's are similar, but include a healthy dose of fraud charges for attempting to cheat the victims out of compensation.

So imagine that you are involved in an automobile accident and injure another person. It is clearly your fault and you demand your motor vehicle liability insurance company to settle the claim. After all this is why you have paid thousands of dollars in insurance premiums over the course of your driving life. Fortunately, the victim makes a demand for settlement within your insurance coverage limits. However, your insurance company refuses to settle the case; and, instead, tells you that you should consult with (and pay) a lawyer to protect your personal assets. You are forced to take time off from work and family and go to trial. You lose big time and are left holding the bag for a judgment that you cannot pay and may now lose everything that you had worked for over the course of your life. What to do? On December 15, 2014, the Pennsylvania Supreme Court determined that an insured may assign the right to recover damages from his insurance company deriving from the insurer's bad faith toward the insured. Jared Wolfe was injured when his vehicle was struck from behind by an automobile driven by Karl Zierle. Wolfe attributed blame to Zierle and demanded $25,000 from Zierle's insurer carrier, Appellant Allstate Property and Casualty Insurance Company. Allstate counter offered $1,200, which Wolfe refused. Wolfe sued Zierle seeking compensatory damages only; however, during discovery, it was determined that Zierle had been intoxicated at the time of the collision. Therefore, Wofe filed an amended complaint to advance a claim for punitive damages. Allstate, in turn, advised Zierle that coverage for punitive damages was unavailable under his policy and, therefore, Zierle might wish to consult with a personal attorney to address this aspect of the litigation. A jury awarded Wolfe $15,000 in compensatory damages and $50,000 in punitive damages. Allstate paid Wolfe $15,000.00. As to the punitive-damages portion, Wolfe and Zierle entered into an agreement whereby Wolfe committed to forbear from executing on Zierle's assets in exchange for an assignment from Zierle of all claims arising under the policy, which he might possess against Allstate. Wolfe sued Allstate alleging that Allstate's refusal to settle reflected bad faith on the carrier's part because Allstate exposed its insured's personal assets. Wolfe sought damages under common- law contract theory, and per Section 8371 of the Judicial Code, 42 Pa.C.S. §8371, which served to supplement the remedies previously available to insureds in certain scenarios involving bad-faith conduct by their insurers, inter alia, by authorizing punitive-damages awards. In Allstate v Wolfe, Allstate argued that sanctioning assignments of punitive-damages claims under Section 8371 would foster mischief by encouraging plaintiffs to pursue unreasonable settlement demands and advance bad-faith claims which otherwise never would have been initiated. Wolfe argued assignability would put the claimant on more of an equal footing with the insured's insurance company in settlement negotiations without tipping the balance against the insurer who can still refuse to settle in good faith. Furthermore, Wolfe argued that assignments equalize the strategic advantages between the insured and the insurer, where the insurer's bad faith exposes its policyholder to the sharp thrust of personal liability. Fortunately for PA citizens, the PA Supreme Court held that the entitlement to assert damages under Section 8371 may be assigned by an insured to an injured plaintiff and judgment creditor thereby offering an avenue for protection of one's personal assets.   So imagine that you are involved in an automobile accident and injure another person. It is clearly your fault and you demand your motor vehicle liability insurance company to settle the claim. After all this is why you have paid thousands of dollars in insurance premiums over the course of your driving life. Fortunately, the victim makes a demand for settlement within your insurance coverage limits. However, your insurance company refuses to settle the case; and, instead, tells you that you should consult with (and pay) a lawyer to protect your personal assets. You are forced to take time off from work and family and go to trial. You lose big time and are left holding the bag for a judgment that you cannot pay and may now lose everything that you had worked for over the course of your life. What to do?

The 2010 explosion at Massey's Upper Big Branch mine killed 29 coal miners. The 2014 Freedom Industries chemical leak left hundreds of thousands of West Virginians without usable water for a month. Over the past year, the major architects of these disasters, Don Blankenship and Gary Southern have found themselves indicted for their crimes. Blankenship's involve deliberate indifference to safety in pursuit of profit. Southern's are similar, but include a healthy dose of fraud charges for attempting to cheat the victims out of compensation. Before these indictments came in, Massey settled civil "deliberate intent" cases brought by the families of the miners who needlessly lost their lives. Freedom Industries, grossly underinsured and undercapitalized, went to bankruptcy to try to protect its corporate partners rather than even attempt to pay for the catastrophe it caused. But as most West Virginians knew from the start, there was criminal wrongdoing at the heart of both cases. The widespread agreement that companies and their corporate leaders should be held accountable makes some current proceedings in Charleston a real mystery. Having freshly gained the majority in the Legislature, Republicans are attempting to pass legislation aimed at giving immunity to the likes of Massey/Blankenship, and Freedom Industries/Southern. This outrage is spread across more than one bill, and every West Virginian should know about them. The Upper Big Branch widows brought their cases against Massey under a cause of action called "deliberate intent." This type of claim is reserved for employers who intentionally put their workers in harm's way, as Massey did. The new GOP majority introduced a bill to essentially abolish this kind of claim -- leaving the families of recklessly killed coal miners with a small administrative payment coming nowhere near replacing even their lost wages. The GOP bill would reduce coal miners lives to a small "cost of doing business" and threaten to leave their families on public assistance. While they are at it, the new Republican majority is attempting to grant categorical immunity to companies that break the law, as long as they break the law in an "open and obvious" way. The legislation gives immunity even to those who intentionally break safety laws, as long as it is brazenly done. Discussion at the first hearings on the new law focused on how laws require, for example, smoke detectors in hotels, but since it's "obvious" when they aren't there, a hotel would not be liable to guests killed in a fire because of the lack of them. If student apartments in Morgantown lacked fire escapes -- well, they're "obviously" not there, aren't they? Moreover, the chemical tank inspection law passed after the Charleston water crisis is on the chopping block too. The new majority intends to weaken the law, by allowing thousands of tanks of noxious chemicals to go uninspected, courting a repeat of the 2014 disaster. The big discovery last year was that tanks like those belonging to Gary Southern and Freedom Industries were unregulated leading up to the disaster. It would be hard to imagine a clearer case for the public to protect itself than the unprecedented Charleston water crisis, but this new legislative majority is not convinced. Last year, Republicans campaigned on a platform of making West Virginia more "business-friendly." Is this what they meant? Are we really looking to allow companies and CEOs to hurt or even kill employees with impunity -- no accountability to families? Do we want to give companies permission to break the law by promising them no consequences if they do? And if careless chemical storage can deprive an entire region of usable water, is it too much to ask for the owners of the hazards to check them for leaks from time to time? Accountability for wrongdoing that hurts innocent people is a core American value. Maybe these extreme bills -- the first wave from a party held out of power for eighty years -- will prove to be just a rush of blood, and cooler heads will prevail. But if this radical agenda moves forward, and this is just a part of it, West Virginians will be open to unprecedented levels of abuse from the likes of Blankenships, Masseys, Southerns, and all of their ilk who pursue the almighty dollar at any cost to ordinary workers.   The 2010 explosion at Massey's Upper Big Branch mine killed 29 coal miners. The 2014 Freedom Industries chemical leak left hundreds of thousands of West Virginians without usable water for a month. Over the past year, the major architects of these disasters, Don Blankenship and Gary Southern have found themselves indicted for their crimes. Blankenship's involve deliberate indifference to safety in pursuit of profit. Southern's are similar, but include a healthy dose of fraud charges for attempting to cheat the victims out of compensation. Before these indictments came in, Massey settled civil "deliberate intent" cases brought by the families of the miners who needlessly lost their lives. Freedom Industries, grossly underinsured and undercapitalized, went to bankruptcy to try to protect its corporate partners rather than even attempt to pay for the catastrophe it caused. But as most West Virginians knew from the start, there was criminal wrongdoing at the heart of both cases.

I love Starbucks skinny lattes. Peppermint mocha is my absolute favorite, so during the holiday season it is not uncommon to see me with a Starbucks in hand more so than usual as the peppermint flavor is not always available. Recently, I was shopping in Pittsburgh and decided to partake. As I placed my order for a skinny latte, I made sure to mention to the barista, as I always do, that I wanted the sugar-free syrup in the drink. She seemed rather annoyed and proceeded to tell me that I didn't need to specify and ordering a skinny latte with the desired flavor will suffice...that "skinny" means sugar-free syrup will be used. Ok, fine. But for me, it never hurts to be sure. The Starbucks experience reminded me of a time when I was dining out and ordered a diet soda. When I took the first sip, I knew immediately that it was regular pop. I reminded the server that I'd ordered diet and requested that the drink be replaced. She happily did so, but made the comment that I "didn't look like I needed a diet drink" since I am not overweight. True. I am not overweight. However, I am a Type 1 diabetic and have been for 26 years, hence the concern about sugar content in food and drink. Type 1 diabetes is a disease in which the body's immune system attacks the cells that make insulin, the hormone that controls blood sugar. According to the American Diabetes Association (ADA), diabetes causes more deaths per year than breast cancer and AIDS combined. Uncontrolled blood sugars can lead to complications such as blindness, neuropathy and kidney failure. Diabetics are also at a higher risk for cardiovascular issues. Those complications are incredibly scary to me. I cannot imagine how such health issues would impact my quality of life and life is too short to not live it to the fullest! While there's never a break from managing diabetes, I am very blessed in that my condition is under control and I do and always have led a very normal life. I watch what I eat and I exercise (and I've discovered there's nothing that burns sugar faster than washing the car and swimming). I'm thankful for supportive family and friends, and my doctors who are providing good guidance and care. I was diagnosed at age 16 after having a blood test during a routine physical. When the doctor said he suspected I was a diabetic, I was certain there was a mistake. I felt fine and showed no symptoms of the disease. I was immediately admitted to the hospital where I underwent further testing. A fasting blood sugar reading of 201 and a glucose tolerance test confirmed the diagnosis. I was fortunate because the disease was discovered before I became ill, but it would only have been a matter of time. I then spent the coming weeks learning about glucometers, high and low blood sugars and what each would do to my body, injections, types of insulin, how to handle illness, carb counting and what types of foods were good and bad. A whole new way of life was unfolding before my eyes...a lot for a teenager to take in I suppose, but I realized there was nothing I could do to change it, so best learn how to deal with it. The very first insulin injection I received I gave to myself. After being released from the hospital, I now had a new normal. Every day before lunch, I'd go to the school restroom to test my sugar before eating. This prompted a lot of questions from my classmates, but I didn't mind answering them and sharing information about my condition. I still don't. (Obviously!) I look at it as raising awareness. After all these years, taking care of my diabetes is second nature. I just do it. In fact, I'm not sure I remember what my life was like BD - before diabetes. Finger sticks several times a day and two injections are just part of my routine. I no longer need to measure my food. I can eyeball a portion and know how much is enough and I'm always prepared with a carby snack or some glucose tablets in my purse. Don't get me wrong, I'm not saying it's always easy. There are still those days that I try to figure out why a reading was higher or lower than usual. Did I eat too many carbs? Did I exercise too much? Am I getting sick? Sometimes I can figure it out. Sometimes I can't and just correct as needed. What I am saying is the disease is manageable. Did you know that Actress Halle Berry, Singer Nick Jonas, NFL Football Player Jay Cutler and Rocker Brett Michaels are all Type 1 diabetics? To those recently diagnosed or to the parents of a newly diagnosed child, I would say that diabetes is not a death sentence. With proper care and attention, you or your youngster can lead a normal, healthy life and while it probably doesn't seem like it right now, it will be ok. I'm proof of that! And to the food service employees, when I ask about sugar content in food or drink, I'm really not trying to be a pain. I just need to be cognizant of what I put into my body. To one person, extra sugar may mean a pound or two. To me, it means good health. Organizations like the ADA and Juvenile Diabetes Research Foundation (JDRF) are working hard to fund research to cure diabetes.  Both organizations have chapters in Pittsburgh that conduct fundraising events on a regular basis. Research updates can be seen on their respective websites. The ADA and the JDRF also provide information and support to individuals and family members dealing with the disease. While I do live a normal life with diabetes and I believe I am a stronger person because of it, I am looking forward to the day when injections and finger sticks are a thing of the past and I can finally say, "Pass the cheesecake!"   I love Starbucks skinny lattes. Peppermint mocha is my absolute favorite, so during the holiday season it is not uncommon to see me with a Starbucks in hand more so than usual as the peppermint flavor is not always available. Recently, I was shopping in Pittsburgh and decided to partake. As I placed my order for a skinny latte, I made sure to mention to the barista, as I always do, that I wanted the sugar-free syrup in the drink. She seemed rather annoyed and proceeded to tell me that I didn't need to specify and ordering a skinny latte with the desired flavor will suffice...that "skinny" means sugar-free syrup will be used. Ok, fine. But for me, it never hurts to be sure. The Starbucks experience reminded me of a time when I was dining out and ordered a diet soda. When I took the first sip, I knew immediately that it was regular pop. I reminded the server that I'd ordered diet and requested that the drink be replaced. She happily did so, but made the comment that I "didn't look like I needed a diet drink" since I am not overweight. True. I am not overweight. However, I am a Type 1 diabetic and have been for 26 years, hence the concern about sugar content in food and drink.