Miscellaneous

• LONG TERM INSURANCE COMPANY ORDERED TO PAY BENEFITS.

  Ben Glass | May 07, 2007 5:59 AM | 0 CommentsNorthern Virginia, VA

  In a recent case decided by the Fourth Circuit Court of Appeals Sun Life Assurance Company was ordered to pay benefits to a woman who suffered severe and chronic pain in her lower back, buttocks and legs.The court said that a long-term disability insurance company's decision to deny benefits must be rationally supportable which in turn requires that it be the "result of a deliberate, principled...

• More on the $67,000,000 Dollar Pants Case

  Ben Glass | May 02, 2007 8:43 AM | 5 CommentsNorthern Virginia, VA

  I know many are probably starting to read about the crazy lawyer (a judge, no less) who is suing a dry cleaners here in Washington, D.C. I've blogged about it (as have others) and it's starting to pick up some national momentum. Just wanted everyone to know that on the various lawyer listserves this guy is receiving universal condemnation! Since he is suing pro se, he's actually a good example...

• Time to Sue for Disability Claims Clarified in ERISA

  Ben Glass | May 01, 2007 5:53 AM | 0 CommentsNorthern Virginia, VA

  The Fourth Circuit Court of Appeals has answered a very important question for long-term disability claimants: When does the statute of limitations expire when you have been denied benefits.Sun Life Assurance Company of Canada contended that a claimant had failed to file her claim within the time limits set out in the contract. Sun Life's disability insurance policy, like most contained the...

• Negligent Hiring in Virginia

  Ben Glass | April 29, 2007 5:39 PM | 0 CommentsNorthern Virginia, VA

  The tort of 'negligent hiring' was first recognized by Virginia in 1921. The Supreme Court of Virginia said in a very old case that the "hospital owed a duty of due care in selection and retention of its employees." In 1922 a gateman at a railroad crossing shot a woman passenger in a car. The court found "ample evidence tending to prove that the assailant was a man who would become highly...

• The Absurdity of ERISA in disability claims.

  Ben Glass | April 26, 2007 5:26 PM | 0 CommentsNorthern Virginia, VA

  The First Circuit Court of Appeals issued an opinion at the end of March which again demonstrates that the federal law of ERISA (designed to protect your pension plans) has turned the disability evaluation world upside down.The plaintiff sought disability benefits after she could no longer work due to fibromyalgia. Every doctor who examined the plaintiff, including an independent examiner found...

• Another $67,000,000 Embarassment for Lawyers

  Ben Glass | April 26, 2007 9:01 AM | 2 CommentsNorthern Virginia, VA

  The Washington Post's Marc Fisher has an article on the front section of today's Metro section of a very disturbing tale of a lawyer (and judge, no less) who is making a mockery of the judicial process.According to Fisher's piece, Washington D.C. Lawyer and Administrative Law Judge Roy Pearson took a pair of pants to a local dry cleaners for repair. When things didn't turn out as he wanted he...

• $100,000 Punitive Damage Award "OK"--Virginia Supreme Court

  Ben Glass | April 25, 2007 5:17 PM | 0 CommentsNorthern Virginia, VA

  Two 20-year employees of General Electric Company ended up in a fight at the plant. One of the employees put his hands on the other's chest and violently slammed him against the concrete wall causing his cap and safety glasses to go flying and a "knot" on his head to develop. The employee who had been knocked down sued, claiming that he had suffered personal injury and was humiliated knowing...

• Virginia Tech Shooting

  Ben Glass | April 16, 2007 12:34 PM | 1 CommentNorthern Virginia, VA

  Our prayers go out to the victims and families of this morning's shooting at Virginia Tech. While none of my children attend Virginia Tech our family has many friends who's children do attend. My kids have friends there.We hope all are safe and that those who are injured do recover.

• Immunity for Space Travel Bill on Governor's Desk

  Ben Glass | March 25, 2007 6:51 AM | 1 CommentNorthern Virginia, VA

  I posted earlier about this inane idea to pass a law to immunize from liability these groups who are developing commercial space flights. Now the bill sits on the Governor's desk and I suppose he is seriously considering one more immunity bill for Virginia. (I'm not against space flight for real people. Great if you can afford it, I imagine. ) What I do think is wrong is for the state to grant...

• Rat Poison in Recalled Pet Food

  Ben Glass | March 23, 2007 2:06 PM | 0 CommentsNorthern Virginia, VA

  There are some reports now coming out that it was rat poisoning in the pet food that is being recalled nationally. According to CBSRat poison has been found in pet food blamed for the deaths of at least 16 cats and dogs, a spokeswoman for the New York State Department of Agriculture and Markets said Friday.The toxin was identified as aminopterin, state Agriculture Commissioner Patrick Hooker...