The people's voice of reason
The people's voice of reason
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In August 1996, Congress passed laws collectively called HIPAA or the Health Insurance Portability and Accountability Act. But after a long period of public comments and final rule the privacy rule did not become effective until April 2003. The security rule that followed did not become effective until April 2005. The initial aim of HIPAA was to allow those employed with health care plans to move between jobs with continual health insurance even with pre existing health issues. Because the chang...
The Tik Tok issue, just recently decided by the United States Supreme Court is found in Tik Tok, Inc., et al v Merrick Garland, Attorney General and the case of Brian Firebaugh, et al. v Merrick Garland, Attorney General. The parties as petitioners to the cases include both the company Tik Tok and a group of users in the United States of Tik Tok. The only issue before the Court is whether the First Amendment rights of free speech are violated in regard to both the company and users. I have...
Without specifics about yourself I’ll make this answer generic in a personal and in a business sense. I presume you looked at your financial estate planning (401k, mutual funds, stocks and bonds, life insurance, etc) which is important as there may be some changes such as to an inherited IRA. Ask your investment professional. You should also think about your legal estate planning. After all you are a year older; you may have gotten married, had a new child, had a child reach the age of m...
Yes, there was a decision handed down from the Alabama Supreme Court just a few weeks ago. The occurrence was from November of 2018, so you can see how long even a civil suit might go on. The case comes from Houston County and involves fatalities stemming from a collision between an automobile and a truck. Specifically, Raymond and Florence Trigger stopped their vehicle at their mailbox which was across the road from the driveway to their home. Raymond was driving and after checking their mail...
Yes, there have been multiple musicians who like most arts employed individuals tend to identify as politically and culturally liberal. Trump tends to stir the emotions of those that love him or hate him. That includes opposing politicians such as former Speaker of the House, Nancy Pelosi who demonstrated her vile contempt that extended not just against the person but against the office when she tore up her copy of Trump’s, State of the Union Address during his Presidency. A song that the Trump...
Yes, that is correct. It is however conditioned on certain criteria and in my view will cause some changes in estate planning and in debt collection by creditors. Whenever an estate is opened in an Alabama probate court, the named personal representative whether appointed for a testate (having a Will), intestate (no Will) estate or the person initiating the settlement of a Small Estate (with or without a Will where the probate assets are limited by law), must file a specific document with Alabam...
There are two schools of thought on the Constitution; either those that are strict Constitutionalists or those that believe it is a living, breathing document that changes with the times. Certainly there were assumptions at the time the Constitution was written when most of those in government were protestant. Though not in any judicial position, I tend to argue a strict Constitutional view. It’s the same with the Bible, the Bible is either the infallible, inspired, Word of God or is subject to...
The use of automatic weapons when fighting an opponent can cause great fear in that opponent who may only be able to return fire each time the trigger to a weapon is pulled by the finger. An automatic weapon or machinegun can by definition fire multiple rounds with a single pull of a trigger by a finger or single finger engagement of the trigger. Firing a semi-automatic weapon is hard enough when you have a fair amount of control, especially a handgun at anything greater than close range....
I think that you are doing the hardest thing and the best thing for your wife and yourself by facing this right now. When our loved ones are faced with such devastating diseases it’s easier to not face it and believe they will improve. Being proactive will have you prepared. First I will advise that you visit an attorney that can assist you with estate planning. The three basic documents that your wife will need (and you) are a Last Will and Testament, Durable Power of Attorney (health and F...
In December 2020, a patient of Mobile (AL) Infirmary managed to gain access through an unsecure entry to the cyrogenic nursery at the Center for Reproductive Health (Center). The patient picked up some embryos belonging to at least three couples which had been fertilized between 2013 and 2016. Because the embryos were frozen and stored in the nursery when they were a few days old, the subzero temperature caused a burning of the patient’s hands and they dropped the embryos to the floor. Though s...
I have written several times after questions were posed regarding Advance Health Care Directives (Living Will plus Health Care Proxy appointment). An Advance Health Care Directive does not address a Do Not Resuscitate (DNR) or a Do Not Attempt Resuscitation (DNAR) order. Other health care facilities that receive a patient from one facility to another, whether it is for a period of time or for appointments not offered as a service in their facility must decide whether they can or should honor a...
Criminals that would exploit the elderly are heartless subhumans. Elderly individuals that may be suffering mild dementia, are lonely, have trouble diserning nefarious schemes and have only sporadic support from family may be especially prone to exploitation. To make it worse they are now generally reliant on life savings, investments and social security to live. That could be a huge chunk of money that could be ripe for picking. My own parents received a telephone call several years before...
Without specifics about yourself I’ll make this answer generic in a personal and in a business sense. I presume you looked at your financial estate planning (401k, mutual funds, stocks and bonds, life insurance, etc) which is important as there may be some changes such as to an inherited IRA. Ask your investment professional. You should also think about your legal estate planning. After all you are a year older; you may have gotten married, had a new child, had a child reach the age of m...
From 1980-1986 medical malpractice cases soared over 25% from the prior years. Not only did the cases increase, but the payouts doubled and I noted many law firms were a part of that, I recall rumors of one Alabama lawyer having difficulty in getting medical care because of their involvement as a plaintiff’s attorney. The Alabama legislature met and revamped the medical malpractice laws in 1987. Prior to 1987 some insurance companies incurred grave losses, so much that some companies no l...
When the State of Alabama achieved statehood, an Attorney General was appointed by the legislature for a four-year period. In 1876 the Alabama Constitution was amended to provide that the Attorney General be elected by the voters of Alabama. While the term was changed to a period of two years for a time it was changed back to four years. The Attorney General can serve two successive elected four-year terms. Eventually, the Attorney General was allowed to hire clerical help and then other...
In 1978, Congress passed a new tax code which included a new provision in the Internal Revenue Code, being section 401(k). The 401(k) provision is used by employers in the private for-profit sector. The 403(b) provisions are very similar but used by non-profits. Since the 1980’s the 401(k) and 403(b) section retirement plans have become generally favored over pension plans. Pension plans were entirely driven by the employer. Pension plans make the employer consider the length of service of t...
There may be those that think the Chief Justice and the eight Associate Justices on the Alabama Supreme Court may not be the legal minds as found in the United States Supreme Court. I can assure you that each of them are exceptional as to their backgrounds. They may not on the whole have participated in the Federal judiciary but the brief backgrounds that I will give I think you will find most impressive. These ladies and gentlemen are not only civic minded in serving their state but also...
After Pearl Harbor and the means in which the sneak attack was carried out, Americans became highly suspicious of the Japanese. There were over 110,000 Japanese living on the United States West Coast of which about 70,000 were citizens. Many lived near strategic military areas on the West Coast, which was also closer to Japan and thus more susceptible to attack. Some Japanese- Americans were very committed to the mother country, having sent tinfoil and money in Japan’s war with China. Some J...
After each census (last census in 2020), each state reconsiders its Federal Congressional voting districts. Alabama, by population has seven districts which will not change in at least the near future. Alabama at one time had as many as ten districts. The Voting Rights Act §2 was the focus of a Congressional bipartisan compromise wherein an effects test resulted but on the same hand it was determined that such section did not guarantee population proportional representation. Nineteen...
One case that I recently saw reported in the news involved a copyrighted photograph early in the career of the artist Prince and silk screens by Andy Warhol using that copyrighted photograph to create the images. Warhol was famous for his silk screen images of commercial items but often changed the commercial item to reflect a varied new work, possibly with outlandish colors or maybe an absurd wording. Professional photographer, Lynn Goldsmith photographed Prince Rogers Nelson in 1981 as an up a...
The incident occurred in Florida on the interstate. The two men are from different states but with the incident occurring in the sovereign State of Florida, Florida law and jurisdiction applies regardless of the law in the residential states of the two men. Florida, as you may recall has a “stand your ground” law. Alabama also has a similar stand your ground law but we will discuss the Florida law and incident. Two families driving down a Florida became involved in a road rage incident bet...
I recall the discussion of respondeat superior in law school and examples. It is obviously a Latin term and means, “that the master must answer”. The rule was first found in England and later the doctrine became a part of law in the United States. It can be used for both civil and criminal acts. In a civil sense I think of it as being useful when an employee wrongs a client or patient then the employer is liable if the act by the employee fell within the scope of their employment. As an exa...
Yes, as an adult I think it is an important document to address the possibility of imminent death when you are no longer able to communicate your health care in certain circumstances. A Living Will in addition to the naming of a health care proxy make up two documents that can function independently but collectively are part of a document called an “Advance Directive for Health Care”. The first component is the Living Will. The Living Will states that you are an adult (at least age nineteen in...
The Dobbs decision overturned the “Constitutional” right to abortion under Roe v Wade. The decision was to return the denial or the availability of abortion to the people (of the various states). Justice Kavanaugh pointed out in his concurring opinion that the Constitution neither provides a right to abortion nor does it allow a barrier to abortion. There is considerable statutory language available from the states and even some states while they were yet territories which criminalized abo...
Without specifics about yourself I’ll make this answer generic in a personal and in a business sense. I presume you looked at your financial estate planning (401k, mutual funds, stocks and bonds, life insurance, etc) which is important as there are some changes such as to an inherited IRA. Ask your investment professional. You should also think about your legal estate planning. After all you are a year older; you may have gotten married, had a new child, had a child reach the age of majority (...
