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

For many working class families with loved ones who served in the Navy, worked in the heating, construction, chemical, coal and other similar trade industries, or simply lived in an older home, the day will unfortunately come when they receive news that a family member has contracted an asbestos-caused disease. Asbestos is a set of six, naturally-occurring silicate minerals that has been used, ubiquitously, throughout the United States since the 1940s, particularly in industrial facilities and in residential homes. For decades, asbestos has been widely used in many industrial products, including electrical wiring, cement, brake linings, gaskets, roof shingles, flooring products, textiles, and insulation. Folks who worked in jobs where they inhaled or ingested asbestos fibers, or household members exposed to asbestos dust brought home from the workplace, are at risk for developing a range of different asbestos-related diseases like asbestosis, lung cancer, or mesothelioma – a terminal cancer of the lining of the lungs, abdominal cavity and heart.  Asbestos has been scientifically understood to cause such diseases since the early 20th Century, but, for decades, the truth was concealed from those working in and around it while little, if anything, was done to protect them in the workplace. While the severity of asbestos-related diseases vary widely, the law applies equally to all asbestos claims and for exposed workers, a proper understanding that there are deadlines by which one must file an asbestos claim is critical to protecting a worker's rights and seeking a measure of justice.  It is bad enough to receive the news that you or a loved one has contracted an asbestos-related disease, but the most tragic situations occur when a worker waits too long to do anything about it. And unfortunately this situation is far too common, typically for two reasons. First many workers are simply not that sick when they are first diagnosed with non-cancerous, asbestos disease. They might have some trouble breathing at times, or get tired a little easier if they overdo it, but relatively speaking, their lives aren't all that different initially.  And so many asbestos victims don't pursue their rights initially. However, asbestos-caused diseases are progressive, which means they worsen over time, or morph into more serious asbestos-related cancers, and what seems like a relatively benign disease initially can become a very serious, even fatal, condition in just a few short years. Exposed workers who sit on their rights, thinking their diagnosis is no big deal, can quickly find themselves and their families left out in the cold just a few short years later, in their hour of greatest need, when the medical bills have piled up and they are no longer able to work. The other tragic situation we commonly encounter is where folks file lawsuits when first diagnosed with a non-cancerous, asbestos-related disease, but have bad experiences with the law firms they choose to represent their interests and mistakenly believe they are stuck with the law firm they first chose if they want to file a second claim for a different asbestos-related disease or an asbestos-caused cancer. Because of the bad experience they had with their lawyers the first time, some individuals choose not to pursue another claim when they develop a much more serious, asbestos-related lung cancer or mesothelioma.  And it is typically only after those individuals die, that we receive a call from their families trying to pursue compensation, but by then it is often far too late for our firm to help.  So it is important for asbestos victims to understand that they are not required to pursue a second asbestos claim with the same law firm that first represented them, and they should not delay contacting another law firm if their condition worsens or progresses into an asbestos-caused cancer months or years later. With most injury claims, injured parties only have one opportunity to present their claims.  Asbestos litigation is unique in that exposed individuals can make multiple claims under certain circumstances in which their asbestos-caused disease worsens or evolves. However, bringing a second asbestos claim does present a number of challenges that must be met to allow the claim to be properly pursued, and for those individuals whose asbestos-related conditions progress into the more serious forms of cancer, it is critical that they have a law firm, like Bordas & Bordas, that understands those nuances and challenges and has the experience and know-how to see those second claims to successful resolution. Getting the news that you or a loved one has contracted an asbestos-related disease is a very difficult situation for any family.  Discovering that you waited too long to seek substantial compensation makes the situation immeasurably worse.  If you or a loved one have been diagnosed with an asbestos-related disease, no matter how good you feel at the time, please contact an experienced law firm right away to learn more about your rights and how to best navigate the particulars of your situation.  If you or a loved one are in the unfortunate position of dealing with an asbestos-related disease that has worsened or progressed into a lung cancer or mesothelioma, please contact an experienced law firm with the resources and know-how to successfully handle the challenges that come with filing a second claim.  Any delay in doing so could cost you or your family the opportunity to receive substantial justice for the harm done by being exposed to asbestos.   For many working class families with loved ones who served in the Navy, worked in the heating, construction, chemical, coal and other similar trade industries, or simply lived in an older home, the day will unfortunately come when they receive news that a family member has contracted an asbestos-caused disease. Asbestos is a set of six, naturally-occurring silicate minerals that has been used, ubiquitously, throughout the United States since the 1940s, particularly in industrial facilities and in residential homes. For decades, asbestos has been widely used in many industrial products, including electrical wiring, cement, brake linings, gaskets, roof shingles, flooring products, textiles, and insulation. Folks who worked in jobs where they inhaled or ingested asbestos fibers, or household members exposed to asbestos dust brought home from the workplace, are at risk for developing a range of different asbestos-related diseases like asbestosis, lung cancer, or mesothelioma � a terminal cancer of the lining of the lungs, abdominal cavity and heart. Asbestos has been scientifically understood to cause such diseases since the early 20th Century, but, for decades, the truth was concealed from those working in and around it while little, if anything, was done to protect them in the workplace.

My husband and I are both white. We have three biological children and adopted a beautiful little girl -- she is African American and we are a transracial family. All of us have experienced second looks and some very direct inquiries from time to time; some of which are completely inappropriate and no one’s business, I might add, and some that could be very destructive to our little angel. I like to believe some uncomfortable looks and questions aren’t intended to be directed in a negative manner and probably more likely curiosity than anything else, but keep in mind standing right next to us is our 5-year-old who absorbs each and everything she hears and sees. We try our best to learn more about African American history so when our darling is older we have a reliable source of information we can give her on black heritage, culture and discriminations, all which we know she will have questions about one day.  We have a duty to help her be informed about racism and create a positive environment for her going forward in light of what she may have to face someday. I have had a very hard time educating myself on this subject because time and time again, discrimination and racism rise to the top. It breaks my heart learning about black history when often the main subject focuses on slavery, discrimination and what human beings have gone through over the years.   I pay much more attention now, which is something I should have done a long, long time ago. At age 5, other children have already brought it to her attention that her skin is a different color and her hair is different.  They ask questions and then when they see us, they get really confused.  I guess that shocks me because I don’t see the difference.  Like each of my children, they all have different hair color, skin tones, height, weight, likes and dislikes, but I look through their beautiful eyes, and those are my children. My little one will tell you, “My Mamma loves my beautiful brown skin because that’s what Jesus chose for me.” And you know what?  She’s right. We already know we have challenges to face and obstacles to climb, but we try our best to live every day making a positive impact on all of our children even on the days that we ourselves find it hard to put our best foot forward.  I want them to remember special moments like their first walks on a beach, learning to swim or ride a bike on their own, getting that extra special gift at Christmas, or making a team—not, “Why is my skin a different color?” Transracial families can be Black, White, Asian, Indian and Latino, whatever ethnicity and to an outsider, it may be confusing--I understand. All you need to know is each and every one of us are a child of God.  He doesn’t discriminate nor should you. My husband and I are both white. We have three biological children and adopted a beautiful little girl -- she is African American and we are a transracial family.

While I have never been a fan of sharing the highways with large trucks, recent experiences have left me terrified. Is it me or our roads becoming even more dangerous?  My most recent experience was driving to Columbus on Interstate 70 to attend a 4-year-old’s birthday party.  It was a rainy, foggy, gray day and the spray from the cars and trucks reduced visibility significantly.  I spent a 30- to 40-mile stretch with a large truck playing with me to the point that I eventually took an exit and got gas well before I needed to, simply to get away from this large truck because I feared a collision with more or another driver was inevitable. When I first encountered this truck, I was passing another series of large trucks that were traveling well below the speed limit. The offending truck came speeding up behind me getting so close I could see nothing but its grill in my rear view mirror.  I moved over as soon as it was safe to do so and the truck proceeded to move over just in front of me, almost hitting me in the process and creating a spray that cut my visibility to zero.  I watched it speed off ahead of me until it was slowed down by another series of its slow moving brothers. It then changed lanes suddenly in an attempt to pass the slower large trucks, cutting off and almost hitting another car, which had to brake hard and fast to avoid a collision.  The offending truck then slowed to around 50 miles per hour in the passing lane of a 70-mile per hour speed zone creating another back up of passenger vehicles. I don’t think I have been on a highway in recent months where I haven’t witnessed or been the victim of a similar “cut off to pass and immediately slow down” situation.  After the offending truck eventually moved over and the series of cars that had been slowed to well under the appropriate speed, including me, passed it, it started speeding again. A dance of “almost run me over,” “pass me,” “cut me off,” and “slow down dramatically until I passed again” began, which lasted until I finally exited the highway to get away from the offending truck.  Unfortunately, I was unable to get identifying information to report the driver.   Everyone who drove to Columbus from Wheeling that day for the party mentioned how stressful the drive had been and the need for “defensive driving” to make it safely. The most recent statistics available from the National Highway Traffic Safety Administration show that injuries and fatalities arising from crashes involving large trucks are on the increase.  During the year 2012, 333,000 large trucks were involved in traffic crashes throughout the United States. Fatalities arising from traffic crashes involving large trucks rose to 3,921, a 4 percent increase from the year 2011 where 3,781 people were killed.  Of the 3,921 people killed during 2012, 73 percent were occupants of other vehicles.  Another 104,000 people were injured in crashes with large trucks, an 18 percent increase over the year 2011.  For the year 2012, 9.3 percent of the 1,123 deaths that occurred on Ohio roads involved large trucks, 9.7 percent of 1,310 traffic fatalities in Pennsylvania involved large trucks and large trucks were involved in 10.4 percent of the 339 traffic deaths that occurred in West Virginia. With winter weather upon us, driving conditions will not always be ideal.  With reckless driving by large trucks seemingly increasing, the need for defensive driving also needs to increase.  You should always be prepared for a large truck to change lanes, cutting you off without notice. If tragedy strikes and you or a loved one are involved in a crash involving a large truck, the attorneys and staff at Bordas & Bordas are prepared to help. We have the experience and resources available to hold reckless drivers of large trucks responsible for the injuries they cause on our nation’s highways.

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.

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.

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.