Miscellaneous

• Health Insurance Plans taking more than their fair share

  Ben Glass | November 20, 2007 9:24 PM | 0 CommentsNorthern Virginia, VA

  There is an article in today's Wall Street Journal about the bit that 'subrogation' can take out of your personal injury case. The WSJ blog has a good discussion going and I have contributed to it. The bottom line with personal injury cases today is that the plaintiff and her lawyer need to figure out, in advance, whether the health benefit plan will be seeking reimbursement. If so, this has to...

• Appeals Court Issues Rare Public Rebuke of Judge

  Ben Glass | November 14, 2007 5:35 AM | 0 CommentsNorthern Virginia, VA

  In an extraordinary public rebuke of a sitting judge for one of his decisions, the Ninth Circuit Court of Appeals has formally apologized to the parties for the cost and delay that the judge's action caused. The case is Calderon v IBEW Local 47.The plaintiff started a lawsuit and served one party but initially failed to serve a second party. The judge, Manuel L. Real, issued an order to "show...

• Coin Flipping Virginia Judge Tossed

  Ben Glass | November 06, 2007 6:36 AM | 0 CommentsNorthern Virginia, VA

  In a highly unusual proceeding, the Supreme Court of Virginia has dismissed a Juvenile Court judge who (1) decided a custody matter by flipping a coin;(2) had a mentally disabled woman pull her pants down to show an alleged wound;(3) made and ex parte call to a local hospital to attempt to verify/discredit the woman's story about being wounded.What (else) is unusual is that the Supreme Court,...

• Is Capping Payday Loan Rates a Good Idea?

  Ben Glass | November 05, 2007 6:20 AM | 0 CommentsNorthern Virginia, VA

  Here we go again. New laws being floated in Virginia to cap profits a business can earn. Those businesses making "payday" type loans are in the riskiest of lending businesses. They are taking a huge risk, and should be allowed to charge whatever they want as long as1. Loan terms are fully and fairly described2.The rules of the loan terms are followed.After that, no one is forcing these folks to...

• Dangerous Dogs In Fairfax County

  Ben Glass | November 01, 2007 10:45 AM | 0 CommentsNorthern Virginia, VA

  I'm so glad to learn that upon searching, there are no dangerous dogs in Fairfax County.Now I can sleep at night.I'm sorry. This is idiotic. Who is going to go here to search. How much did Virginia spend on this?Oh, I get it now.The state is requiring liability insurance for dangerous dogs. Wonder who is insuring that?Here's the code section:Virginia Code § 3.1-796.93:1. Control of dangerous or...

• "No" to Mandatory Legal Malpractice Insurance

  Ben Glass | October 31, 2007 8:59 AM | 0 CommentsNorthern Virginia, VA

  The Virginia State Bar is again considering the issue of forcing lawyers to buy malpractice insurance. Complete waste of time.Their own statistics show that 90% of lawyers who deal with the public have malpractice insurance.I think that lawyers should carry malpractice insurance but its not the business of the bar to force any business owner to carry insurance any more than it could force the...

• "Sign Here and We'll Settle Quick"

  Ben Glass | October 25, 2007 1:04 PM | 0 CommentsNorthern Virginia, VA

  We often hear from potential clients who are being pressured by major insurance companies to sign documents now and "we'll be able to settle this case real quick."This is usually a really bad move.Don't be rushed, you have time.According to published reports, attorneys Robert Brown and Guy Daugherty of Norfolk, Virginia just completed a case where the neck pain, while noted in some of the...

• Is "SueEasy.com" for Real?

  Ben Glass | October 23, 2007 8:34 PM | 0 CommentsNorthern Virginia, VA

  The Wall Street Journal Blog had a post about SueEasy.com last week. Of course it blasted the site as indicative of today's "sue-happy" culture. But is the site for real? Can't tell yet. It looks to me like something a tort reformer would put up just to shoot at (and get tthe WSJ to blog about!).No legitimate trial lawyer would be involved in such a stupid site. No legitimate plaintiff would use...

• Another Reason for Long Social Security Claim Delays

  Ben Glass | October 03, 2007 8:05 AM | 0 CommentsNorthern Virginia, VA

  North Carolina Social Security Disability attorney Brent Adams makes and excellent point about long delays in social security disability claims. He quotes an excellent commentary from administrative law judge Ronald Bernoski, writing in the Charlotte Observer.I've got an additional theory. Fraud by the major long-term disability insurance companies. Here's how it works:Most long term disability...

• Video Surveillance Sinks Texas Claim

  Ben Glass | October 01, 2007 10:54 AM | 0 CommentsNorthern Virginia, VA

  A claimant who was caught on video (by Liberty Life Assurance Company of Boston) doing things she said she couldn't do, has had her disability claim denied by a federal judge who called the claim "fraudulent." According to a September 23, 2007 opinion, Perri Lemon was shown stooping, bending and kneeling, among other things. This contrasted with the report of her condition her doctor made that...