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

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.

This weekend, my son, Nicholas, and I will be traveling to Charleston, W.Va. for his violin audition for a chance to attend the Governor's School for the Arts (GSA), July 5-25, 2015, at West Virginia Wesleyan College. The Governor's School for the Arts (GSA) is an opportunity for current sophomores who live in and who attend public and private schools, as well as those who are home-schooled in West Virginia, to experience a summer for young artists to develop their talents and expand on their passion for music. This exciting opportunity will become a reality for 108 current West Virginia high school sophomores. GSA is an intense three-week course of study that aspires to be a transformative experience for all through rigorous classroom experiences under the guidance of master teachers. GSA students will refine their skills in pursuit of mastering their disciplines. By interacting with their peers from different areas of expertise, they will have their artistic and aesthetic horizons broadened in truly meaningful ways. The programs are small so that each student receives individual attention not only from the primary teacher, but other adjunct staff members as well. They stress the artist community concept and immerse the students in experiences that push them to the point that they are truly changed during their three weeks in the camp, only to return as more mature leaders as well as musicians and productive young adults. Best of luck to my son, Nick, his friends and all those students auditioning!

Admittedly, I am not a winter person and quite frankly, it seems every year that I get a little older, I become a tad bit less tolerant of the frigid weather. But as long as I live in Wheeling, W.Va., I am going to see the cold winters that sometimes can seem pretty long. So, what do I do? I do my best to embrace it. I look forward to the snow days -- the really, really, nice snowfall kind of days. You know, the kind that when you were a kid and you spent all day out there building forts, sledding, making snow angels and hurling a snowball at your siblings and neighbors? Even shoveling didn't seem like a chore back in those days. Sure, I may no longer be a kid, but I can still ride a sled and hurl a snowball. Just a couple years ago, I think my children had something like three weeks in a row off of school and each day they had all this energy so much unlike an actual get up and go to school day. But we had a lot of fun and made some great memories. For the most part, we have a general idea of what the forecast will bring, so we always plan a trip to the store. Not for the necessities, but for the hot chocolate and baking needs because we seem to like to bake sweets on those days. We sled and make snowmen. Sometimes it's in the day and sometimes we are out there in the evening walking the road. That is such a peaceful time, just taking in the beauty of Mother Nature. We even all had to sleep in the living room together in front of the fireplace before when the electric was out because the weight of the ice froze the lines. Those times still come with some not so pleasant ramifications though. Like all the washing and drying over and over again of the snow clothes. The beauty of the freshly fallen snow isn't quite as picturesque after a few days. Shoveling doesn't seem like it will ever end after several times of trying to find your driveway and let's not forget the cinders. But, at the end of the day, you can't beat curling up under the warm blankets to watch a movie or maybe pull out our old home videos while sipping that hot chocolate. All and all, it's what you make of it. If you're not interested in exploring the outside world during these times, find a good book or begin that project you've been putting off and I assure you it will help ease the nip of those frigid and snowy days.   Admittedly, I am not a winter person and quite frankly, it seems every year that I get a little older, I become a tad bit less tolerant of the frigid weather. But as long as I live in Wheeling, W.Va., I am going to see the cold winters that sometimes can seem pretty long. So, what do I do? I do my best to embrace it. I look forward to the snow days -- the really, really, nice snowfall kind of days. You know, the kind that when you were a kid and you spent all day out there building forts, sledding, making snow angels and hurling a snowball at your siblings and neighbors? Even shoveling didn't seem like a chore back in those days. Sure, I may no longer be a kid, but I can still ride a sled and hurl a snowball.

Join Jamie Bordas and Chris Regan this week on the Bordas & Bordas Legal Review to hear them explain some of the ins and outs of auto insurance coverage. Liability, underinsured, uninsured, med pay, and the impact of health insurance will all be explained by the two noted college football analysts. As a special added bonus treat, Chris and Jamie will each give you their pick for the winner of Monday night's National Championship game. You may be surprised how that turns out! You can view the Bordas & Bordas Legal Review locally on Comcast Channel 14 or also online, both streaming and in the archive. The current episode is embedded within this post. Pick it up through the WLUTV archives here: http://vimeo.com/album/2087104/video/116372357 Check the full WLUTV schedule for other B&BLR show times and programming from WLUTV: http://westliberty.edu/wltv/2011/08/03/wltvschedule/

On October 24, 2014, my husband and I celebrated our 50 th wedding anniversary. He particularly was excited about it and asked me if we could have a reception or party. I planned on having a reception in our church's Fellowship Hall, but our friend, Marie Bennington, told me that she wanted to have a party for us. Since the 24 th was a Friday, Marie planned the party for Saturday, October 25. She had help from two of our other dear friends, Helen Tarbet and Betty Nicely. It was wonderful and my husband was so happy he couldn't quit smiling. We have a picture of us framed and sitting in our living room, his smile as big as I've ever seen it. I tell you all of this to emphasize how quickly life and circumstances can change. On November 9, 2014 at 4:00 a.m., I was awakened by a loud scream. In the past when Clayton felt bad and thought he needed me or a doctor, he would come to the steps and call my name, so this loud scream scared me half to death. I raced downstairs and found him lying on the floor between the living room and the dining area. He couldn't talk and he couldn't stand up. It was terrifying to me and to him. I quickly ran and called 911. The EMTs arrived and unlike other times, they did not take vitals, ask questions, or hook him up to anything. They quickly ran back to the truck, brought in the gurney and loaded him up. They sat outside the house for a while, talking to the hospital and doing whatever they do in such an emergency. My life has forever changed. While he is improving, I don't believe he will ever come completely back from the stroke. For the most part, his speech is back. In the morning when he wakes up, he is still a little confused and has a hard time expressing himself. His right side was affected and since that is his dominant side, that has presented a few problems. He has learned to eat with his left hand. (On a lighter note, maybe I should try eating with my right hand - not so much would get down - a unique way of dieting!) When I transfer him from bed to wheel chair to recliner I have to get on his injured side so he can help me by using his good leg. The problem with that is I have a very painful left shoulder (I am left dominant!) but I have only let him go down once! He said he couldn't get back up and I said, "Yes, you can! Get your good leg under you." Up he came, with me for the most part, lifting him. Our Church family has been phenomenal! Food and food gift cards and calls and offers of help have been such a blessing. We feel so blessed to call First Baptist of Wheeling our church home. We have two phenomenal pastors and wonderful giving and kind friends. We both agree that for the first time in our married life and all of his illnesses, we are not going through this alone. Of course, God is always with us and we lean on Him for day-to-day strength to keep going. I must confess I have had some "talks" with Him about why this happened to my husband and realize that being a Christian does not mean we are immune from troubles, sickness and even death. It means that we will not go through this alone - He is with us even when we find it hard to feel His presence. The "good" part is we have become closer. He is very grateful and is so sweet to me, it almost makes me cry. We have had issues. When I have to run to the store or Wal-Mart or anywhere, I can practically guarantee in 15 to 20 minutes he will call me on my cell and ask, "Where are you?" I finally told him to watch the clock and give me time to get wherever I was going, get whatever I needed and get back home. It is helping but he still gets anxious if I am gone too long. We have hired a wonderful caretaker for him since I have gone back to work. She is literally a godsend. She helps him with therapy, gets him lunch, does laundry and straightens the house while I am at work. At first, he didn't want anyone but me doing personal things for him, but Terri said for me to be patient, that he would get used to her and so it is. We are making it work. It is not easy, mainly because he gets so anxious when I am not there. But he is adjusting to Terri and I am adjusting to life being different. Anyone who knows me knows that I am a Mall person. I love the Mall at Christmas time, particularly. But, I got through it. No Christmas shopping was done except what I had done prior to his stroke (which was very little). No one dumped me because they didn't get a gift. My pet project at Church, The Awana Christmas Store for the kids went as scheduled with lots of help from church members. I am not bowling on Tuesday nights, but I am now pre-bowling over the weekend. As a matter of fact, my team might not let me bowl during League play, since I've done so much better pre-bowling. We are still adjusting to our new life, but I am so glad my husband is still here, knows me, can communicate well and is improving. As a matter of fact, his memory is better than mine! I am so fortunate to work for Bordas & Bordas. I have had to miss work entirely or work shorter days and admittedly, my mind is not always on my work. Jamie, who is the managing partner, always tells me to do what I need to do to help Clayton. I do not take that for granted. I wouldn't want anyone to go through this, but it has had its bittersweet times, like when he says he loves me and says, "Goodnight sweetheart."   On October 24, 2014, my husband and I celebrated our 50 th wedding anniversary. He particularly was excited about it and asked me if we could have a reception or party. I planned on having a reception in our church's Fellowship Hall, but our friend, Marie Bennington, told me that she wanted to have a party for us. Since the 24 th was a Friday, Marie planned the party for Saturday, October 25. She had help from two of our other dear friends, Helen Tarbet and Betty Nicely. It was wonderful and my husband was so happy he couldn't quit smiling. We have a picture of us framed and sitting in our living room, his smile as big as I've ever seen it. I tell you all of this to emphasize how quickly life and circumstances can change.

After taking a large amount of credit hours last semester and having no time for any fun, I was finally able to have some downtime over my Christmas break. Due to the large amount of assignments, projects and tests that I knew I would have to complete, I made the decision to cancel my Netflix account in August. I thought this was a very wise choice and that I was keeping myself away from any distractions. I renewed my account in December and did not know what to watch first, I wanted to start a good series that I could watch once or twice a day. For years, I had heard my friends talk non-stop about how "Great," "Awesome," "Funny," and "Addicting" the show Friends was. No matter how entertaining the show was, I refused to start watching for many reasons. One being that if any 90s show was going to be my favorite it would be obviously be Full House. No matter how much they would beg me to watch it, I would refuse. I recently read an article at the beginning of January that featured all the new TV series and movies coming to Netflix in 2015, and it just so happened that Friends was at the top of the list. After trying to ignore it, my willpower broke and I decided that I would give the famous sitcom a shot. After watching the first episode, I decided to watch a second, and a third, and well, I think you Friends lovers know what happened next; I couldn't stop! I would like to apologize to all my friends for bashing the show and not giving it a chance sooner. I absolutely love the cast and have laughed through each episode that I have watched. To avoid the couch potato/Netflix junkie label, I downloaded the Netflix app on my iPad and I watch it while working out on the elliptical. It makes my workouts more enjoyable and watching three, 22 minute episodes balances out to a little over an hour of cardio. I am almost done with Season 1 and I love how each episode incorporates a life lesson. The titles of each episode are also extremely simple and clever; for example, each title has "The One With" and then has a description of the episode. Although I was only about 2 years old when the first season was filmed, the reruns have captured my heart. The show has left me wishing that I would've been a teenager in the 90s. I'm also patiently waiting for some of the awesome fashion trends to come back into style. Except jelly shoes...I think we can all agree that those need to stay in the 90s. Watching the show has also made me appreciate the friendship with my awesome neighbors in my apartment. If you haven't watched Friends, my advice to you is to not be the stubborn one who won't give in. With a total of 10 seasons and 236 episodes, I think it is safe to say I will be entertained for some time to come.   After taking a large amount of credit hours last semester and having no time for any fun, I was finally able to have some downtime over my Christmas break. Due to the large amount of assignments, projects and tests that I knew I would have to complete, I made the decision to cancel my Netflix account in August. I thought this was a very wise choice and that I was keeping myself away from any distractions. I renewed my account in December and did not know what to watch first, I wanted to start a good series that I could watch once or twice a day.

Over the past several weeks, two separate grand juries decided not to indict two police officers for the deaths of Michael Brown and Eric Garner. First, before I go any further, this is a topic many people feel very passionate about and this article is not my personal opinion on what is right or wrong. Instead, I want to look at the process that takes place when allegations are made against a police officer, such as Darren Wilson or Daniel Pantaleo, and specifically focus on the grand jury process that has been the topic of much conversation and confusion. I sincerely appreciate the sacrifice made by police officers when they risk their own safety to protect our communities, I have many friends who serve in law enforcement positions, but also realize that, like all professionals, police officers are not perfect. The first question that many of my friends have asked is why are these officers not going to trial? Many times, when someone kills another person, they go to trial, a jury is selected and that jury decides whether someone is guilty. The jury must decide whether, based on the evidence presented in the courtroom, the defendant is guilty "beyond a reasonable doubt." However, this was not the process that took place in Ferguson or New York in the recent publicized cases. These cases never made it to a jury for a decision of guilt and, instead, grand juries decided there was not enough evidence to bring these cases to trial. So the next obvious question is what is a grand jury? Grand juries can differ based on the jurisdiction, however, many have similar characteristics. Grand juries are not intended to determine whether a defendant is guilty; instead, grand juries decide whether probable cause exists to bring charges against a defendant. However, there are other key differences between a jury trial and a grand jury. Grand juries are secret proceedings, all the facts are usually not presented and only one lawyer is present. Moreover, unlike a normal trial, a grand jury has the power to see and hear almost anything they would like without many of the limitations of the rules of evidence. The one lawyer present is the prosecutor who presents the evidence he or she believes is necessary to obtain an indictment, which would result in the case being tried in front of a jury. Unlike a trial for guilt or liability, no defense attorney or judge is present, which would lead many people to believe that the odds of obtaining an indictment are stacked in the prosecutor's favor. Regardless of a person's feelings of whether the correct result was reached in the recent high profile cases, it is important to always analyze the process and ask what could be improved for the future. One suggestion has been the appointment of an "independent prosecutor" when a police officer is being indicted. Former New York State Chief Judge, Sol Wachtler, once stated that a prosecutor could persuade a grand jury to "Indict a ham sandwich." University of Illinois law professor, Andrew D. Leipold, has been quoted as stating, "If the prosecutor wants an indictment and doesn't get one, something has gone horribly wrong." This is not to say that something went wrong in either Ferguson or New York, but many question why we would not take reasonable steps to eliminate possible bias in a local prosecutor. Throughout law school, I had the opportunity to work as an intern for both a prosecutor and public defender's office, and I agree with many people that it could be difficult for a local prosecutor to effectively prosecute a local police officer. Again, this is not to say it is impossible or to even suggest that bias was present in either of the recent high profile cases. However, many times, prosecutors work very closely with the police force and, with my experience, many of them are friends. There is nothing wrong with this, but it could create a difficult situation if the police officer commits a crime. This leads to the difficult question of how effective is a local prosecutor in presenting a case against one of his colleagues? An independent prosecutor is someone who could be brought in to prosecute a police officer. The independent prosecutor would not be from the local jurisdiction and, therefore, theoretically could eliminate or limit the potential conflict of interest. However, even if an independent prosecutor is used, it is still impossible to remove all bias from the prosecution process. First, the police department where the officer worked is likely going to be the department responsible for investigating the incident. This is not to say that the police department cannot complete a good faith investigation, but it could raise concerns. Moreover, jury bias will always be present. Police officers have to be allowed to use deadly force and juries know this. Many times, officers must make split second decisions and they cannot always be right. It can be difficult for a jury to punish someone who is responsible for protecting their community, even when the wrong decision was made and especially when contrasting stories exist. People do not want their safety to be put in jeopardy by limiting an officer's abilities. Regardless of a person's opinion regarding the recent cases, the legal profession must always reflect on itself to ensure that justice is served.   Over the past several weeks, two separate grand juries decided not to indict two police officers for the deaths of Michael Brown and Eric Garner. First, before I go any further, this is a topic many people feel very passionate about and this article is not my personal opinion on what is right or wrong. Instead, I want to look at the process that takes place when allegations are made against a police officer, such as Darren Wilson or Daniel Pantaleo, and specifically focus on the grand jury process that has been the topic of much conversation and confusion. I sincerely appreciate the sacrifice made by police officers when they risk their own safety to protect our communities, I have many friends who serve in law enforcement positions, but also realize that, like all professionals, police officers are not perfect.

Ndamukong Suh, defensive tackle for the Detroit Lions, was suspended after stepping on Green Bay Packers Quarterback Aaron Rodgers ' leg after a play during a Monday night football game. I watched the video and call me naïve, but I don't know that I believe it was necessarily intentional. Regardless of what I think, it doesn't matter, I commend the NFL for being cautious or even at times overly-cautious. The NFL is really stepping up to protect its players. With all the concussion precautions and protecting the passers and the kickers, I can live with their ruling. At the time of the incident, Suh was not flagged on the play; they found repeated reviews of the films "made the act look more malicious." Aaron Rodgers did complain right then to the official as he had already been suffering from a calf injury since earlier in the season. I understand that the normal fine that would have hit him in his wallet was not the route the NFL took because apparently, Suh has made a reputation for himself and is guilty of playing dirty in the past, which he has paid hundreds of thousands of dollars in fines and been suspended from games before. I didn't know that either when I originally watched the video. You can watch it and decide on your own what you think, but for me, I'm just glad someone is watching out for the guys on the field and realizing it's not all about the game, it's about real people out there doing a job that deserve to be protected and respected.

Last month West Virginia voters sent a message for change, seating a Republican legislative majority for the first time in 80 years. Candidates on both sides of the aisle ran big on jobs. Candidates that campaigned on staunch opposition to the EPA's efforts to mitigate the impact of climate change resonated with voters that believe that the President and his supporters have waged a war on coal, and voters resoundingly placed their trust in the Republican Party this election season to honor their campaign promises of retaining and adding good jobs here in West Virginia. When it comes to a good job, I think we can all agree that, at a minimum, a good job has to be a safe job. The real job creators, the ones worth voting for, understand this and fight hard to uphold laws designed to ensure a safe working environment. One of the many things that makes me proud to be a West Virginian is the way West Virginia has historically stood up for workplace safety. Among the most important ways West Virginia has helped protect its workforce is by enacting W.Va. Code § 23-4-2, which allows a jury to determine the value of the harms and losses to an employee who is hurt on the job because an employer knowingly risked that employee's safety. Ordinarily, state workers' compensation laws provide employers with immunity from civil lawsuits by injured workers. In exchange for that immunity the injured worker simply has to be hurt "on the job," without having to prove an employer's fault, to receive workers' compensation benefits. However, a number of states have taken measures over the years to strip an employer of its immunity and hold the employer responsible for the entirety of the harms and losses an employee sustains when the employer acts with intent to harm the employee or forces an employee to act in violation of a specific safety law. Under those scenarios, some states allow an employee to seek compensation for harms and losses, like past and future pain and suffering, mental and emotional anguish and the death of a loved one, that are ordinarily unavailable or limited under worker's compensation law. Deliberate intent laws protect a worker's fundamental right to a safe job by deterring employers from pressuring workers to engage in unsafe conduct and making the employers pay full freight if they maim or kill a worker because they cut safety corners. Deliberate intent laws are a hugely important mechanism to ensure a safe workplace, because OSHA fines, the only other mechanism in place to address unsafe workplaces, are typically too small to prompt any meaningful reform. On the other hand, being made to answer for the entire scope of the harms and losses to an employee can prove much costlier to those employers willing to risk a worker's safety by knowingly placing him in harm's way. So, unsurprisingly, the past couple of decades have seen a highly organized, concerted, nationwide effort by Corporate America to eliminate state's deliberate intent laws. Ohio, for instance, has succumbed to a barrage of lobbying efforts over the years that have gutted Ohio's deliberate intent law and effectively repealed it. Although deliberate intent remains on the books in Ohio, "reform" efforts have rendered it nothing more than a paper tiger in terms of deterring unscrupulous employer behavior. Currently, in order to have the full measure of the harms and losses to an injured worker valued by a jury, Ohio requires an employee to prove, by the much higher legal standard of clear and convincing evidence, that the employer had an actual, who is specifically gunning for you in the workplace, this is a practically impossible standard for employees to meet, and the current law provides no true incentive for employers to closely adhere to safety laws. West Virginia's deliberate intent law has been subjected to the same type of "reform" efforts over the last decade, but we have successfully resisted such efforts, thus far, thanks to legislators that have remained steadfast and worked hard to protect the fundamental right of every employee to a safe workplace. But you better believe the West Virginia legislature will continue to be pressured to repeal West Virginia's deliberate intent law, likely with a renewed vigor now that corporate lobbyists and organizations, like the notorious Koch brothers, have turned West Virginia red. Safe jobs allow us to raise families. Safe jobs allow us to be productive, supportive members of our communities. Safe jobs give us the freedom to grown and learn so we can be the best employees we can be. Safe jobs give us pride in ourselves and in our great State. Those things quickly evaporate for workers seriously injured because their employer knowingly put them in harm's way. Politicians who are really about job creation recognize this reality, and will do everything they can to uphold West Virginia's deliberate intent law. For all of you voters who chose candidates on the basis of their position on jobs, keep a close eye on their approach to West Virginia's deliberate intent law. That is the litmus test that will reveal whether your elected official actually walks the walk. Elected officials that don't fully support your right to a safe workplace don't deserve your support at the polls next time.   Last month West Virginia voters sent a message for change, seating a Republican legislative majority for the first time in 80 years. Candidates on both sides of the aisle ran big on jobs. Candidates that campaigned on staunch opposition to the EPA's efforts to mitigate the impact of climate change resonated with voters that believe that the President and his supporters have waged a war on coal, and voters resoundingly placed their trust in the Republican Party this election season to honor their campaign promises of retaining and adding good jobs here in West Virginia.

I was recently introduced to a book entitled "Hand to Mouth, Living in Bootstrap America" by Linda Tirado, and it reminded me of my own experiences with being poor. So much of what I read in this book reminded me in some part of the way that I lived the last two years of high school and my first year of college. Obviously it wasn't as bad as what many people had because I was not homeless, but I can tell you that I remember being embarrassed of where I lived, not answering the door at times when I thought it was high school classmates because we didn't have the utilities on at our house, not giving people my telephone number because I wasn't sure that the telephone would be in service when they called, having only one pair of shoes and not many clothes and knowing how important it was to make sure that the clothes were not torn and the shoes were taken care of, what it was like to go to bed cold because the window in my bedroom was broken and we didn't have the money to fix it. I remember what it was like getting up early in the morning so I could pass my 4:30 a.m. paper route, then finding a way to my high school classes, attending classes so sleepy I could hardly stay awake, then attending football practice, and hitchhiking a ride down to the next city where I was a janitor at a church and school, then hitchhiking back at almost midnight, and starting the day all over so that my family could have enough money to try to pay the basic necessities for a family of eleven. I recall what it was like living in very tough neighborhoods and seeing that my family, as poor as we were, were not as poor as many others. I remember very well pulling up cushions on the couches and the chairs trying to find nickels and dimes so that we could have enough money to buy a gallon of milk or a loaf of bread when we barely had enough money to pay the rent. I knew what it was like to not be able to get to my college classes my first year when I was living at home and the college was about 10 miles away, and I was dependent upon others to pick me up to take me to class. Sometimes they would forget or be late. I remember what it was like hitchhiking to class sometimes in the pouring down rain, only to get to my college class just in time for the class to be letting out. I remember what it was like having the top grade in the class, only to receive a C because I missed five classes, none of them really my fault, and being deducted a letter grade for each class missed after three. Fortunately for me, the poverty that I saw firsthand and experienced to a much lesser degree only lasted for about two years. And fortunately for me, it provided perhaps a little better insight as to what it's like to be poor in this country and how so many things are beyond poor people's control. That is, the inability to sometimes get to work or class on time, the inability to study like other children because there are no lights, it's too cold, or you're working. Fortunately for me, all this helped me to better appreciate, understand, and have compassion for people that have issues brought about in many cases through no fault of their own. I know there are many people that believe that poor people are poor because of poor choices that they have made, and certainly that can be the case at times, however, unfortunately, often times poor people are poor because they've got mental or physical illness, they are sometimes not blessed with a God-given intellect that enables them to obtain jobs that provide them with a decent living, they are knocked off their feet with the problems that many of us feel are somewhat minor inconveniences - a dead battery, failed engine starter, a medical bill, a traffic ticket, or any number of items can set a person with very limited resources back so much that they often times aren't able to recover. They then find themselves at payday lenders and loan sharks who charge exorbitant amounts of interest for very little money, and the person may then find himself or herself in a hole they simply can't dig themselves out. The change in my life has gone full circle. My life has gone from one extreme to the other. I've been somewhat close to the bottom economically, and now I'm somewhat close to the top economically. I've been rich and I've been poor and I've been in between. In my case, those two years without much provided me with a basis that has enabled me throughout my life to fully appreciate what I have, to not take things for granted, to appreciate people for who they are, and to have the ability to understand and care for those less fortunate. I still am nowhere close to where I'd like to be in my compassion and caring and providing, but I'm hoping to someday be there. I also feel so blessed to be a lawyer and to be able to stand up for people in all walks of life who through no fault of their own have been injured and damaged. It's also been a great and comforting feeling to know that I work with so many people that feel the same love and compassion that I do for the less fortunate and who look for ways to offer assistance and hope for those less fortunate than all of us.   I was recently introduced to a book entitled "Hand to Mouth, Living in Bootstrap America" by Linda Tirado, and it reminded me of my own experiences with being poor. So much of what I read in this book reminded me in some part of the way that I lived the last two years of high school and my first year of college. Obviously it wasn't as bad as what many people had because I was not homeless, but I can tell you that I remember being embarrassed of where I lived, not answering the door at times when I thought it was high school classmates because we didn't have the utilities on at our house, not giving people my telephone number because I wasn't sure that the telephone would be in service when they called, having only one pair of shoes and not many clothes and knowing how important it was to make sure that the clothes were not torn and the shoes were taken care of, what it was like to go to bed cold because the window in my bedroom was broken and we didn't have the money to fix it.