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

As I was relaxing on a recent Sunday night, the show 60 Minutes came on to CBS with a very interesting topic for those of us living in Pittsburgh and throughout the Ohio Valley. The title of the segment was: "Falling Apart: America's Neglected Infrastructure," and the preview indicated that the segment would focus on the current condition of bridges in America. Like most people who cross at least one bridge during their commute through the City of Bridges, my wife drives over the Fort Pitt Bridge while heading to work and, needless to say, the show grabbed my attention. During the first commercial, before the show began, I was wondering if it would discuss Pittsburgh. My question was soon answered, as the show began by showing pictures of the Liberty Bridge and many of Pittsburgh's other identifiable structures. The statistics presented in the show were alarming. According to the government, there are 70,000 bridges across the country that have been deemed "structurally deficient," which means the bridges need to be replaced or repaired in a dramatic way. While there were many cities mentioned, Pittsburgh was one of the three examples in the segment. A past president of the American Society of Civil Engineers led a helicopter tour around Pittsburgh and stated that, "there are more than 4,000 bridges in metropolitan Pittsburgh and 20 percent of them are structurally deficient." The show continued by discussing the Liberty Bridge, which was built in 1928 and designed to last for 50 years. After watching the show, I decided to do a little research for myself; after all, the news media loves a good story and no one would watch a segment on the safety of Pittsburgh's bridges. Currently, according to the Pennsylvania Department of Transportation ("PennDOT"), Pennsylvania has the third-largest number of bridges in the nation and leads the nation in the number of bridges classified as "structurally deficient." However, PennDOT has a different take on the term "structurally deficient." According to PennDOT, a bridge classified as structurally deficient does not mean it is unsafe and, instead, indicates that the bridge has deterioration to at least one of its major components. PennDOT continued by stating that structurally deficient bridges are safe, as the State of Pennsylvania monitors bridges and would close or limit a bridge's use if it was unsafe. In order to combat the current problems facing our bridges, PennDOT has spent over $670 million to preserve more than 2,200 bridges through the Bridge Preservation Program. Moreover, new weight restrictions are being added to approximately 1,000 bridges statewide and other measures are being taken to ensure safe travel. While the problems with Pennsylvania's bridges cannot be ignored, there have also been many positive news stories covering the Steel City. In addition to continuously being named one of America's most livable and educated cities, Pittsburgh has also fought to keep and bring jobs to the region. For example, with rumors that U.S. Steel may move its headquarters outside of Pennsylvania, a recent announcement stated the company would instead be moving its headquarters to a new building that will be constructed where the Civic Arena once stood. Moreover, technology giant, Google, has confirmed it will expand its Pittsburgh office by 66,000 Square Feet at Bakery Square 2.0, which is currently under construction.   As I was relaxing on a recent Sunday night, the show 60 Minutes came on to CBS with a very interesting topic for those of us living in Pittsburgh and throughout the Ohio Valley. The title of the segment was: "Falling Apart: America's Neglected Infrastructure," and the preview indicated that the segment would focus on the current condition of bridges in America. Like most people who cross at least one bridge during their commute through the City of Bridges, my wife drives over the Fort Pitt Bridge while heading to work and, needless to say, the show grabbed my attention.

To many, fall means football, winter means basketball and spring means baseball. All three of the sports are very exciting and round up a number of fans. Professional, college or high school, we all have our favorite teams that receive our utmost respect for thriving at their sports. Although all take an incredible amount of physical fitness and athletic ability, there is one sport that I feel does not receive enough credit--wrestling. Perhaps it's because I have been dragged to wrestling tournaments since I was about 3 years old. Having two brothers who wrestled meant one thing-- packing up every Saturday to travel to a gymnasium filled with boys who wore an attire that was uncomfortably too similar to my dance leotards. My fondest memories of those days were playing with my Barbie dolls in the stands, going out to the mats during intermission and doing my gymnastic skills (yes I have some tricks up my sleeve) and swearing to myself that I would never, ever have a relationship with a boy that participated in this stinky, sweaty sport they call wrestling. Fast forward about 18 years later, and here I find myself sitting in the stands, in a hot gymnasium, laughing at the fact that I now love a sport that I once despised. Don't get me wrong, it is still a very stinky and sweaty sport that I sometimes feel grossed out about, but I will do what it takes to be West Liberty University's heavyweight's number one fan. I have watched my boyfriend, Aaron, wrestle from pee-wee tournaments, where he had "cooties," to NCAA Division II tournaments. All I can say is that it has been one heck of a ride filled with ups, downs and plenty of exciting moments. To me, and I'm sure many wrestlers will agree, wrestling is one of the most physically tough sports out there. It requires large amounts of strength, hours upon hours of commitment and dedication in and out of the wrestling room and tons of will power for those who cut weight. Although being physically fit is a huge part of wrestling, one must also be mentally strong. Wrestling is one of those sports where there is a team, but winning is an individual goal. Over the years, I have seen upsets and knowing that one cannot blame anyone but himself for his loss, is what makes it an even more difficult sport. The rules of wrestling are also extremely interesting and learning the scoring system, as well as the names of all the moves, makes it even more exciting. The problem with wrestling is that many do not give it a chance. At this time I would like to encourage you to attend one wrestling tournament, the OVAC Ron Mauck Wrestling Tournament would be a great place to start giving the sport a chance. These athletes do incredible things and deserve the credit that other sports have received over the years. Best wishes to all wrestlers, coaches and teams for a successful and injury-free season!   To many, fall means football, winter means basketball and spring means baseball. All three of the sports are very exciting and round up a number of fans. Professional, college or high school, we all have our favorite teams that receive our utmost respect for thriving at their sports. Although all take an incredible amount of physical fitness and athletic ability, there is one sport that I feel does not receive enough credit--wrestling.

Oglebay Institute's Towngate Theatre Presents A Christmas Carol I'm an actress now, don't you know? Don't laugh, I am! My teenage daughter, Aleigha, expressed a great interest in theatre and decided she wanted to try out for Towngate Theatre's A Christmas Carol. On the evening of tryouts, I could see she was a little nervous and understandably so. We had no idea what to expect, as there was no preparation involved. They handed out scripts and assigned parts to "read," in order to give them a general idea of your skills. On the way in, she said, "Mamma, would you try out with me?" And, I thought, "Oh sure, why not?" I turned and looked at my husband and said, "Are you going to try too?" "Well, why not," he said. So there we were - full support for our daughter. We wanted her to take the plunge and explore her interests, so of course we would do whatever we needed to nurture those interests. The Director, Tim Thompson, and the writer, Jeremy Richter, were absolutely marvelous. This must have been one of the largest casting calls and it was only day one of the tryouts. They were so kind and encouraging to every person who came in. It didn't matter if you were well-versed in theater or a newcomer. Age and sex did not matter. All were welcome and all were given a chance. About two weeks later, the casting list came out. Much to our surprise, we all landed parts! And what fun it has been from there. We have learned so much over the past couple of weeks. We have learned some dancing and we have been working on our "English" accents, which aren't as easy as you might expect. Aleigha is one of the Fezziwig daughters, as well as one of the daughters of Belle, you know the one who used to be engaged to old man, Mr. Scrooge? Yep, that's me, the present day Belle, and my husband is played by my husband. We also partake in some dancing as well. I never knew that so much went into putting on a performance like this. It has been an awesome experience to see all the hard work coming together and to watch adults and children evolve into their roles. It is going to be a magnificent show and I assure you it won't be the last show we do. On another note, I can't thank my little Aleigha enough for opening my eyes to show me to believe that I can still do many things that I've never tried before. My sincere thanks and appreciation to Tim Thompson and Jeremy Richter for all the support, encouragement and commitment you have provided to everyone in the cast. I've observed firsthand what you have put into this and I've watched people learn so much from you. It has been an invaluable experience. So, if you are looking for some good old fashioned holiday wholesome family fun, please come out and see the show! The show times are December 5 and 6 at 8 p.m.; December 7 at 3 p.m. and the last two shows are December 12 and 13, both at 8 p.m. Towngate Theater is located in Wheeling's Centre Market at 2118 Market Street. Hope to see you there! Merry Christmas and --- God bless us, everyone!! -Erin Dodd

Psalm 136 is read every year at Passover. It begins with a simple command: "Give thanks to the Lord, for he is good." The Psalmist then walks through Israeli's history, providing the people with a laundry list of God's mighty deeds. It's a reminder that Thanksgiving isn't theoretical or abstract. We're thankful because we remember and celebrate the good things God has done in our lives. With that in mind, I began reviewing my year and one thing stuck out--the arrival of my granddaughter, Madelyn. On Tuesday, July 15th, Madelyn Jo Garrison entered the world with the usual flurry of pictures, videos, and Facebook posts. It was an exciting, exhausting day. We laughed, reminisced, and passed around our newest bundle of joy for most of the day. We were truly blessed! But later in the day we received some disturbing news. When Madelyn was given the standard newborn screening by the hospital staff, a problem was detected. It appeared that there were large, dense cataracts on both eyes. Because of how thick the cataracts were and where they were located, Madelyn could see very little--perhaps nothing at all. We were devastated. We had no idea what this might mean for Madelyn or what to expect in the days and weeks to come. But God began showing his kindness in both large and small ways. To begin with, God chose the specialist we would be consulting with. There is only pediatric opthamologist in the entire area, Dr. Kenny Gainer. It just so happens that Dr. Gainer is a good friend of ours and an elder at our church. What a Godsend! Not surprisingly, Dr. Gainer was able to ease our worries by taking his time, answering our many questions, and praying with us. Dr. Gainer explained that Madelyn's cataracts were treatable, but she would require surgery. Even though he couldn't do the surgery himself, he made arrangements for us to see Dr. Geoffrey Bradford, a pediatric ophthalmologist at  Ruby Memorial Hospital. Dr. Bradford was kind and soft spoken with a wealth of knowledge and experience. He scheduled Madelyn for two surgeries. In the first, he would be removing the lens from Madelyn's right eye. In a follow up surgery one week later, he would be doing the same thing in the left eye. When both eyes had healed, Madelyn would return to Dr. Gainer for contact lenses. With these lenses, we were told that she would have almost normal vision. The surgeries were hard, of course. The hardest part of all was the waiting. We're grateful for friends and family who made the trip to Morgantown to sit with us through this difficult time. But, praise God, Madelyn came through both surgeries with flying colors! The next step was a return visit to Dr. Gainer. We were full of doubts and questions. "Contacts?" "For a baby?" "Are you sure?" But Dr. Gainer walked us through step by step, and soon Madelyn was sporting her first pair of contact lenses. That's when we began noticing a huge difference in Madelyn's behavior. It soon became obvious to us that Madelyn was seeing faces. In fact, when she would see somebody's face she would break out into a big, wide, infectious smile.  We were so relieved! When we gather around the table for Thanksgiving at our house each year, we take Psalm 136 to heart. We each share something specific that we're thankful for. This year I think Madelyn will be at the top of everyone's list--not just because God brought her into our lives but, more than that, because He has journeyed with us through this time of hardship and uncertainty. I encourage you to take Psalm 136 to heart yourself. When you gather around your own Thanksgiving table, remember and celebrate the good things God has done for you this year. You'll be amazed what a difference it makes. From all of us at Bordas & Bordas, have a safe and joyous Thanksgiving!

For as long as I can remember, tradition and society alike have told me it's a good idea to dash to the nearest shopping center and spend an entire 24 hours hunting bargains and slashed prices during the sheer madness that is the day after Thanksgiving, or, in layman's terms, Black Friday. This year, for the first time since 2010, I'll be spending the craziest shopping day of the year on the side of the cash register opposite of where I spent the past three. This is the first holiday season in quite some time for me that will not be spent working retail. If you think shopping on Black Friday is chaotic, try being a sales associate during the insanity. I spent my retail stint (a stint that lasted considerably longer than I had originally anticipated, mind you) happily employed by Macy's, the world's biggest and best department store. Naturally a company with that sort of reputation draws an enormous crowd on Black Friday. Lines of serious shoppers eagerly awaiting the store's opening regularly formed outside the main entrances while we, the sales associates, battened down the hatches for what was sure to be a night, early morning, and day of utter chaos. Utter chaos though it was, Black Friday never under delivered in the entertainment department. Hidden exclusions that forbade the use of a slew of coupons always cropped up, merchandise that the store was guaranteed to have a seemingly endless supply of ran out, and customers that you pegged as only a little grouchy were always infinitely more ill-tempered and unhappy to see you than you initially assumed. Against all odds, we, the associates, somehow managed to muddle through our shifts with the majority of our spirit and sanity remaining. All the things that didn't work or went wrong or totally contradicted any prior sales training made for some truly unforgettable Black Friday memories. This Thanksgiving, after the dishes are cleared and the leftovers are stowed away for the next week's worth of meals, I will head to the mall at my leisure and partake in Black Friday festivities in a much different fashion than what I'm used to. As I'm hunting down my own holiday deals, I'll recall my craziest-shopping-day-of-the-year experiences as a Macy's sales associate and how each and every one of them were spent surrounded by some of the best people I've ever met. It was honestly more enjoyable than I prefer to let on. To all the die-hard holiday shoppers, have fun and be safe as you brave the masses this year. Finally and perhaps most importantly, be nice to be the sales associates you encounter amidst the hustle and bustle because they really do want to help you. Take it from someone who lived and breathed retail for some odd years - I know what I'm talking about.   For as long as I can remember, tradition and society alike have told me it's a good idea to dash to the nearest shopping center and spend an entire 24 hours hunting bargains and slashed prices during the sheer madness that is the day after Thanksgiving, or, in layman's terms, Black Friday. This year, for the first time since 2010, I'll be spending the craziest shopping day of the year on the side of the cash register opposite of where I spent the past three. This is the first holiday season in quite some time for me that will not be spent working retail.

Mmmmm, the aroma of turkey, mashed potatoes and stuffing slowly roasting from the crack of dawn. The scent of it really fills me with warmth and fond memories. I find myself vividly remembering all the family gatherings at my Grandparents' home. The adults cooked and nibbled on all the side dishes for the grand feast they were preparing for the day as they watched football and visited. The children all played flag football in the yard wearing "Turkey Bowl" t-shirts. We crafted spook houses in the evening in Grandma's basement, which involved spinning around in Grandpa's office chair until you almost fell over. I remember looking out my Grandparents back bay window, watching the parachuters land in the fields behind the home as my Grandparents lived on a farm. This was a genuine Thanksgiving gathering. My Grandfather always led the dinner in a prayer and we all knew he would get the turkey leg, but the wishbone was always up for grabs. Waiting on it to dry out so we could pull it apart to see who would get their wish was ever so exciting. Cousins, aunts and uncles, all spending the night at Grandma and Grandpa's house. All the kids would sleep in sleeping bags in the rec room, staying up late goofing around, playing games and scaring each other with silly ghost stories. Our stomachs were always so full, but that never stopped us from getting up the next morning and doing it all over again with re-heated seconds. Those were the days. Days that have changed. My Grandparents have all passed away now and we still miss them so, but their memories never fade as we remember all the love they gave us. The responsibility of Thanksgiving has fallen upon my mother and her siblings, who take turns every year re-creating those memories for their children and grandchildren. Although I now do a little bit of the cooking, somehow I still sit at the kids table just with a much bigger plate. Every day is a day to gives thanks; this special day is extra special to be thankful as we gather with our families and friends creating memories to cherish forever. Happy Thanksgiving Friends!

Thanksgiving has always been one of my favorite holidays. Spending time with family, eating and drinking, and watching TV all day is pretty much my perfect day, so being encouraged, if not required, to do those things is all the better. My family has done pretty much the same thing every year for Thanksgiving, and even though it's nothing fancy, it is something I look forward to each year. I truly mean it when I say that I am thankful for Thanksgiving, the food I am able to eat, and the people I am able to spend time with on that day. However, Thanksgiving now has an extra special reason for me and my family to be thankful each year. Two years ago, in early November, my uncle was diagnosed with Stage IV colon cancer. This is a bad diagnosis, no matter what the details, but he was told that the severity of the situation could not fully be determined until he underwent surgery. After that, they would determine the appropriate approach for chemotherapy, radiation, future surgeries, and medications to give him the best chances . The initial surgery was scheduled for the day before Thanksgiving. Everyone was nervous, but hopeful and faithful that things would work out. Unfortunately, that did not end up being the case. That same day of the surgery, the doctors informed my uncle and his family that the cancer was so bad that they did not see any waay that they could help. They gave a bleak prognosis, indicating that he might not even make it until Christmas. They suggested that he go home to spend time with his family and do what he could to enjoy the time that he had left, rather than spend it in the hospital undergoing painful treatments that they felt would not make a difference in the end. Needless to say, Thanksgiving that year was very difficult. I knew that I still had many things in my life to be thankful for, but there was just so much sadness and fear. In spite of the bad news, or maybe because of it, I was very grateful to be able to be around my entire family, including my uncle's parents who had come in from Canada. I was glad that my sister had been able to schedule a trip home from Denver for Thanksgiving that year, when she hadn't been planning to come. I was happy that my cousin had recently moved back to Michigan from California, and was there as well. And, though it was also an awful feeling, I was happy to go visit my uncle in the hospital, and make sure he saw as many of his family members as possible as he spent that Thanksgiving in a recovery room, rather than on the couch at my aunt's house. A few days after that Thanksgiving, my mom ran into an oncologist who attends her church and whose children my sister and I grew up with at school. My mom explained what was happening with my uncle, and this doctor generously offered to make arrangements for him to enter an experimental cancer treatment program for patients who were diagnosed as terminal. The doctor made good on his word, and shortly thereafter, my uncle began treatments. In July of 2013, he was told that he was cancer free. Though the cancer has returned since then, it has remained controllable. My uncle is an incredible person, and has never once lost his positive outlook on the situation. This Thanksgiving will mark the second one that we have had him around for, when we were told there would be no more. And that is truly something that makes Thanksgiving a very special holiday for me and my family.   Thanksgiving has always been one of my favorite holidays. Spending time with family, eating and drinking, and watching TV all day is pretty much my perfect day, so being encouraged, if not required, to do those things is all the better. My family has done pretty much the same thing every year for Thanksgiving, and even though it's nothing fancy, it is something I look forward to each year. I truly mean it when I say that I am thankful for Thanksgiving, the food I am able to eat, and the people I am able to spend time with on that day. However, Thanksgiving now has an extra special reason for me and my family to be thankful each year.

I've never really been a genealogy buff. Sure, I've always been interested in my family roots. I remember how much I enjoyed listening to my grandmother tell stories of what it was like growing up on a small farm in Tyler County. But I never really dug deep to mine all of the nuggets of my family's history. All that changed several years ago when my grandmother gave us a box filled with papers from my great-great grandfather, Elisha. It was a lawyer's dream--a whole assortment of deeds, contracts, and other legal papers dating back 150 years. All of them were written by hand. Many of them used old legal jargon that I had studied in law school, but had never actually seen in my practice. One paper in particular caught my eye. It was a handwritten summons from 1863. Near the bottom, it proudly announced that it was issued in "the first year of the state." It was thoroughly enjoyable making this journey through the past. My interest was spurred and I began doing more research. I had always assumed that my family emigrated from England. It's hard to imagine a name with a more "Anglo" ring to it than Stoneking. But as I kept tracing my lineage, I learned something new and quite unexpected. Jacob Steinkoenig had immigrated to America in the 1700s from Prussia--a part of north central Europe that would become modern day Germany. When he landed in America, Jacob changed his surname to something a little more palatable to the English ear. It turns out I wasn't English at all. I was German! As if this wasn't surprising enough, I also learned that Jacob settled in southwestern Pennsylvania and then married Aliquippa, a princess from the Seneca tribe. Not only was there German blood running through my veins, there was Native American blood too! If you haven't taken time to trace your genealogy, I want to encourage you to do so. There are some great online resources. I can attest that it's a wonderful, eye-opening experience. Do you have a genealogy story of your own? I invite you to share it here. Maybe you'll inspire someone else to begin this same journey for themselves.   I've never really been a genealogy buff. Sure, I've always been interested in my family roots. I remember how much I enjoyed listening to my grandmother tell stories of what it was like growing up on a small farm in Tyler County. But I never really dug deep to mine all of the nuggets of my family's history.

Maybe you have a pet or are considering getting a pet. Perhaps you prefer a dog, cat, fish, hamster or have some other preference. Whatever your choice may be, it is believed that pets can provide therapeutic and health benefits in addition to endless years of joy. Pets are not easy and they require a lot of work. I, myself said, "I would never have a puppy again." Puppies are pretty tough, but guess what? I have a new pup. And, here he is..... We got him in May and named him Eli after the legendary Eli Manning. This little guy is a Shorkie breed. He has brought about many moments that really made us chuckle this past summer and for the most part has been a pretty good pup with a bit of a humorous personality. Next, we have Scooby. Scooby is 14 and was named by my son after the ever so famous Scooby Doo, well in our case, Scooby Dodd. Scooby is a Chihuahua Terrier mix with somewhat of a nervous personality, natural to his breed. So, we are a bit more cautious with him around outsiders, it's necessary for him because of his nerves, not for others. Finally, we have our 12-year-old cat. My daughter, Aleigha, believes this is her soul mate and guardian angel. They are inseparable and even seem to speak their own language. Tiko-from Dora the Explorer, is her name, of course. Tiko is an exceptional cat and is as loving as can be. She is not finicky like the stereotypical cat. She possesses a very loving personality and is sensitive to people. So, these are the fury Dodds. They are our household members and priceless assets to our family. I encourage you to look into what you think may be a good fit for your lifestyle or family if considering a pet. Choose wisely and take your time. If you are already a pet owner, I invite you to send us some pet photos on our Bordas & Bordas Facebook page. They can help de-stress your day and mine. We'd love to see them. Pets are great companions and many help keep you active but mostly, they offer unconditional love and affection.

Two weeks ago, for the first time in nearly a century, the people of West Virginia elected Republican majorities to both chambers of the legislature. While Republicans expected gains in the off-year election, the results exceeded their wildest expectations. The resounding defeat of Democrats, some who did not even feel threatened enough to run substantial campaigns, made the election in our state a national story. One Washington D.C. newspaper even called West Virginia's shift a " permanent political realignment" in Appalachia. How could this happen? How could a state that had elected Democratic majorities since the 1920s shift so far in the other direction in one mountain-moving election? There are folks on the left who say, predictably, that Democrats lost by not being far left enough - they say Democrats just tried to out-Republican the Republicans and found they weren't any good at it. Of course, there are folks on the right who say that West Virginia just came to its senses all of a sudden, and embraced the great wisdom of the GOP at last, and maybe forever. And then there are folks who want to blame it all on President Obama - saying he was just so unpopular that no Democrat could win with him in the White House. Try "none of the above." People do things for reasons and for reasons that make good sense to them. West Virginians had good reasons to send Democratic majorities to Charleston all those years and they had good reasons to change their minds in 2014. Let's figure out what the reasons were. Reason # 1: West Virginia has always been a state of working people and it votes for the party it believes represents working people. For 80 years or more, working West Virginians believed that Democrats, largely through organized labor, represented their interests. They sent Democrats to Congress and to Charleston with majorities over 70 and sometimes even 80 percent by voting the straight Democratic ticket for one reason - they felt a vote for the Democrats was a vote for working men and women and their families. What happened? West Virginians were convinced this year that Democrats don't represent working people any more. They think Democrats stand for handouts and giveaways to people who aren't working and that their tax dollars are going to support people who are making fools out of them by living of the government while they work hard for a decent living. The new health care law is part of that perception, even among 170,000 West Virginians who use it, but so are abuses in older programs like SSI disability and welfare. No party can get the vote of a working person who thinks it gives his tax money to a layabout who lives on the same street, but never goes to work. Reason #2: Coal. The economy in West Virginia has long been built on mineral and resource extraction - first timber, then coal, and newly, gas. In 1940, coal mining employed 130,000 West Virginians. Those jobs accounted for an astonishing 30 percent of all wages earned in the State. Older West Virginians came of age in a State absolutely dominated by the coal economy. But time has taken its toll on coal. By 2008, fewer than 22,000 of those jobs remained - and coal jobs accounted for just five percent of the wages paid statewide. Profits for the industry have fared much better, of course. But the long decline of coal jobs and wages has not shaken West Virginia's self-image as a "coal state." So West Virginians, feeling the pinch of the slow economy, were handed a reason for it: the "War on Coal." The federal Environmental Protection Agency, led by Democratic appointees in the Obama Administration is said to be leading this war, and therefore to be the cause of West Virginia's problems. For some national Democrats, the shoe absolutely fits - plenty of hard left-wingers despise coal as a dirty fuel that contributes to climate change. West Virginia Democrats have no such views (one Democratic member of the House of Delegates actually has the twitter handle "@CoalDelegate," for heaven's sake). West Virginia has not been electing anti-coal legislators all these years. But guilt by association can be a powerful force and it costs West Virginia Democrats dearly this year. Reason #3: Complacency. If there's one thing Americans do not like and do not respect, it is complacency - and West Virginians like it even less. Holding majorities for so long must have made some Democrats feel invincible. I'm not talking so much about a few who didn't campaign all that hard - it wasn't the campaigning, but the working that caught up with the Democratic majority. A legislature should be constantly working to improve things for the people and the state. Too much winning, for too long, by too big a margin, and you wake up to find you've been shown the door. Many Democrats who lost had worked hard, for sure, but some who didn't were the difference between a manageable defeat and the rout we saw on Election Day. So what's next? Are they right in Washington D.C. when they say that Appalachia has been "permanently realigned" towards the GOP? It's up in the air for now - one championship does not make a dynasty and one election does not realign a state, let alone a whole region. If the Democratic Party is to regain its majority in West Virginia, it will have to focus on three areas - and it's no coincidence that they mirror the three areas that cost them in 2014. First, Democrats will have to return to their roots as the party that makes the state work for working people. Hard-working West Virginians will not tolerate feeling like chumps for cheats who are milking the system. They will give anyone a hand up, but they think they are giving out hammocks. Meaningful reform of programs that give taxpayer money to those down on their luck must take place. Democrats have to make sure it pays to work by increasing the minimum wage - its value has fallen 32 percent since it came in, and it no longer keeps a family of just two out of poverty. They must likewise plan to get workers retrained and into jobs by growing and diversifying the economy. But the public will not accept any proposal that fails to address and meaningfully counteract the fraud among those seeking government benefits and the perception of that. Part and parcel of ending welfare dependency will be ending drug dependency with efficient effective treatment in lieu of the expensive and wasteful cycle of incarceration. Since many of the programs most abused are federal, candidates need to address the issue at that level. The organized labor movement that brought West Virginia workers overtime pay, fringe benefits, a modicum of workplace safety, and Social Security itself, needs to re-dedicate itself to new, visible changes that working people feel in their quality of life and their pocketbooks. Moreover, disasters like the Upper Big Branch explosion and the Freedom Industries chemical spill point the way for a party that believes in holding industry accountable for wrongdoing that kills workers and hurts the state's economy and reputation. The paltry fine meted out by OSHA to Freedom Industries was a disgrace. Democrats cannot coddle tycoons like the now-indicted Don Blankenship or the corporate thieves who stole pensions from coal miners via the "Patriot Coal" company fraud. They are the true enemies of working West Virginians. Second, Democrats must make the case for a diversified economy honestly, forthrightly and without fear of being painted as an "enemy of coal." Coal remains a significant, but shrinking part of the economic picture - and much of coal's decline relates to market forces beyond the control of even the federal government, let alone the legislature. Opportunities in natural gas extraction, refinement and transport must be seized. Crucially, the next wave of extraction in West Virginia has to come with a new deal for the people of the state where these rich deposits of natural gas have been found. Extraction must fund permanent improvements for the lives of West Virginians - better schools, better health care, better roads and bridges, to support the workers who will live and raise their families here. A state with world-class resources should have world class infrastructure and services - there is plenty of room for improvement. Those who have lost coal jobs that won't return must be re-trained. Senator Jeff Kessler's "future fund " is a start, but it will need to be multiplied in magnitude and augmented to make the necessary difference. The fact that Kessler, hailing from a major coal producing county, can talk about diversifying the economy proves that West Virginians will listen to an intelligent, balanced message about where the state is headed. Other coal states are re-tooling and re-training and West Virginia must do the same. With the future fund as an anchor, Democrats need to show a distinction between fostering industry for the benefit of the people and the GOP predilection to " give away the store " to business interests with poorly-thought out tax cut schemes. Beyond extraction, West Virginia must reinvest in manufacturing, agriculture and especially tourism- the latter has been a promising avenue for growth foolishly hamstrung by budget cuts. On almost every issue, Democrats need to come back to what is best for West Virginia in the long term. Evening out the boom-bust cycle that coal has given will be imperative. Third, Democrats have to get to work. Notice has been given that seats in the legislature, on the Supreme Court of Appeals, and in our Congressional delegation will not be handed to the candidate with (D) after his or her name. Labor unions have less hold on their memberships in an era of unprecedented media saturation. The Democratic party has acquired a bad image and it takes a lot more work to repair a bad image than to maintain a good one. As the below image shows, some groups would stoop to any level to smear a Democrat in this most recent election, and it takes a toll. Trust that has been lost must be re-earned and that takes time and hard work. The wild card is the other side, of course. A group of Republicans has the chance to govern West Virginia for the first time in their lives. What will they do with it? That will have a lot to do with why they think they've got the job in the first place. If the GOP thinks it has ascended to fulfill a wish-list of ideological priorities that don't make a difference to ordinary West Virginians, their majority could be short-lived indeed. But if they beat the Democrats to the punch - if they make West Virginia a State that works for working people - then the realignment of Appalachia could become a reality.

Following a wave of recent political efforts undertaken by insurance companies and healthcare providers, numerous states enacted harsh limitations on a victim's ability to seek compensation in the event that they were harmed by the malpractice of a doctor or hospital. The nature of these limitations is unique to the medical field and many members of the public would be surprised to find out just how severe these restrictions are. In many cases, these restrictions are so burdensome that it has become very difficult for victims of medical malpractice to seek justice for their injuries. One of the arguments advanced by the proponents of these limitations is known as the "defensive medicine" argument. The argument asserts that because doctors are worried about getting sued, they order otherwise unnecessary and costly tests just to protect themselves from a lawsuit. The argument goes that this type of "defensive medicine" drives up costs for everybody and if only doctors and hospitals could be protected from the consequences of their negligence, these costs would go down. However, the link between lawsuits and defensive medicine now appears to be a myth. A recent study published by the prestigious New England Journal of Medicine looked at emergency rooms costs in Georgia, Texas, and South Carolina; three states that enacted restrictions on their citizens' ability to hold emergency rooms responsible for acts of negligence. The NEJM report concludes as follows: "Legislation that substantially changed the malpractice standard for emergency physicians in three states had little effect on the intensity of practice, as measured by imaging rates, average charges or hospital admission rates." That is, the severe limitations on victims' rights resulted in no significant reduction in emergency room costs. I have long been of the belief that medical care costs are rising for many reasons other than medical malpractice litigation. As a result, it never made sense to me to attempt to contain these costs by severely and significantly limiting the ability of a family to seek justice when their lives had been destroyed by the careless acts of a doctor or hospital. Those who advocated for these restrictions promised cost savings to all, if only healthcare providers were better protected. At least when it comes to the concept of "defensive medicine," there appears to be good reason to wonder what we gained when we limited victim's rights. I hope the legislatures of West Virginia and Ohio will carefully study this issue and take a hard look at what benefits, if any, ordinary citizens received as a result of the damage done to victim's rights. If it turns out that ordinary citizens received no benefit at all for giving up important rights, we can take the steps necessary to correct these misplaced laws.   Following a wave of recent political efforts undertaken by insurance companies and healthcare providers, numerous states enacted harsh limitations on a victim's ability to seek compensation in the event that they were harmed by the malpractice of a doctor or hospital. The nature of these limitations is unique to the medical field and many members of the public would be surprised to find out just how severe these restrictions are. In many cases, these restrictions are so burdensome that it has become very difficult for victims of medical malpractice to seek justice for their injuries.

On November 6, 2000, my life was forever changed for the better when I brought home a little fur ball that I had found two days earlier at a pet supply store where the local animal shelter had brought several puppies hoping to find them homes. It was love at first sight when this little white and black fur ball that fit in the palm of my hand climbed onto my lap. Although my heart said, "Take this puppy home now," I wanted to take a day or two and make sure I was ready for the responsibility of becoming a puppy parent. My friend who was with me at the time, however, knew that the puppy who would come to be known as Cassie, was meant to be with me and snuck back and paid the adoption fee so that Cassie would be waiting for me when I accepted what my friend and I already knew: I was becoming a puppy parent. When I went to the shelter the following day to say I wanted the puppy, I learned she was already mine and would be permitted to come home with me the following day. Cassie and I have been through a lot together over the past 14 years. She has saved my life in more ways than one. The energetic, little puppy who grew up and learned how to let herself out the front storm door if I forgot to lock it and make her rounds through the neighborhood, calmed significantly as she aged. By the time she was three, no leash was needed as Cassie would rarely leave my side. Until recently, all I would have to do is make a noise and she was right back by my side if she strayed too far. A few months ago, however, our lives began to change and we are both learning to deal with the new reality of Cassie's age. While I had thought many times  previously that I was going to lose her when she was battling cancer and through other health scares, I wasn't really prepared for her to start showing her age and acting like a senior dog. I've been fortunate. Cassie has not acted like an "old dog" until recently. For well over 13 years, Cassie greeted me at the door whenever I came home. The first few times she did not greet me at the door, I ran through the house panicked, thinking she was dead. When I would find her and touch her, she would jump and look at me, obviously scared. What I now know is that she has started sleeping very soundly during the day and, likely, is starting to lose her hearing. So when I come home now, I start talking and calling for her as soon as I walk in the door letting my voice get louder and louder until she realizes I am there. I know I still scare her at times, but we are both adjusting. Mornings are our best time. In the morning, she still acts like the playful pup I've always had. Evenings vary. Sometimes she is playful, other times she simply sleeps. I must watch her more closely when she is outside because she gets confused in the evenings and sometimes wanders farther than she should and cannot hear me calling her back. I've learned to gauge when she has had too much activity and get her home to rest or she will be down for days. She has medicines now to help with several age-related, non-life-threatening issues. Cassie and I are learning to live with the new reality of her age. I know it's my responsibility to care for her and make sure she has what she needs to be comfortable and live her remaining days to the fullest. It's the responsibility I wanted to make sure I was prepared to undertake when I found her at Petsmart 14 years ago. More and more people have asked me recently if I will be getting another puppy when Cassie's time on earth finally ends. My initial reaction was no, no dog could every replace her. However, I also know that I am too much of a dog lover to never have another dog again. Rather than a puppy though, I will likely adopt an older dog. There are thousands of older dogs who find themselves in shelters for various reasons, none of which are the dog's fault. These dogs are just as deserving of good homes as puppies and, most likely, are already trained and socialized. Older dogs are at higher risk in shelters and less likely to be adopted because people think they want puppies and don't realize just how special older dogs can be. At Bordas and Bordas, we know the difference animals make in our lives and the difference we can make in the lives of animals who need loving homes. If you are prepared to accept the responsibilities of caring for an older dog, I would encourage you to consider giving a home to a shelter dog who has lost its home through no fault of its own. The love you will receive from that grateful pup will more than likely pay you back for the responsibility you have undertaken.   On November 6, 2000, my life was forever changed for the better when I brought home a little fur ball that I had found two days earlier at a pet supply store where the local animal shelter had brought several puppies hoping to find them homes. It was love at first sight when this little white and black fur ball that fit in the palm of my hand climbed onto my lap. Although my heart said, "Take this puppy home now," I wanted to take a day or two and make sure I was ready for the responsibility of becoming a puppy parent. My friend who was with me at the time, however, knew that the puppy who would come to be known as Cassie, was meant to be with me and snuck back and paid the adoption fee so that Cassie would be waiting for me when I accepted what my friend and I already knew: I was becoming a puppy parent. When I went to the shelter the following day to say I wanted the puppy, I learned she was already mine and would be permitted to come home with me the following day.