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Articles written by Ron Holtsford


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  • If I sign a Do Not Resuscitate (DNR or DNAR) and thereafter go to another facility will they honor my wishes?

    Ron Holtsford|Mar 1, 2024

    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...

  • Are there any things to consider for my elderly parents in exploitation by criminals?

    Ron Holtsford|Feb 1, 2024

    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...

  • Is it good to think about any Legal Issues for the New Year?

    Ron Holtsford|Jan 1, 2024

    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...

  • What is the status of Medical Malpractice cases in Alabama?

    Ron Holtsford|Dec 1, 2023

    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...

  • What does the Alabama Attorney General do and is there an interesting recent opinion?

    Ron Holtsford|Nov 1, 2023

    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...

  • Why do employers seem to favor a 401(k)/ 403(b) over the older pension plans?

    Ron Holtsford|Oct 1, 2023

    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...

  • What is the make-up of the Justices of the Alabama Supreme Court?

    Ron Holtsford|Sep 1, 2023

    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...

  • August 14th is Celebrated as VJ Day.

    Ron Holtsford|Aug 1, 2023

    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...

  • WHAT IS THE RECENT U.S. SUPREME COURT CASE REGARDING ALABAMA CONGRESSIONAL DISTRICTS?

    Ron Holtsford|Jul 1, 2023

    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...

  • Are There Any Interesting Recent Legal Cases?

    Ron Holtsford|Jun 1, 2023

    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...

  • OF THE TWO MEN WHO ENDED UP WOUNDING EACH OTHERS DAUGHTER IN A FLORIDA ROAD RAGE INCIDENT, WHY WAS ONLY ONE CHARGED CRMINALLY?

    Ron Holtsford|May 1, 2023

    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...

  • WHAT IS THE LEGAL DOCTRINE OF RESPONDEAT SUPERIOR?

    Ron Holtsford|Apr 1, 2023

    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...

  • DO I NEED A LIVING WILL?

    Ron Holtsford|Mar 1, 2023

    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...

  • IN LIGHT OF THE DOBBS DECISION WHAT IS THE STATUS OF LEGAL ABORTION?

    Ron Holtsford|Feb 1, 2023

    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...

  • Is it good to think about any legal issues for the New Year?

    Ron Holtsford|Jan 1, 2023

    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 (...

  • HAVE THERE BEEN ANY INTERESTING CASES RECENTLY?

    Ron Holtsford|Dec 1, 2022

    Yes, the United States Supreme Court heard the below case in December 2021 and issued the opinion in June 2022. The majority opinion was written by Chief Justice John Roberts. The other five mostly conservative justices concurred in the opinion and the more liberal leaning three justices during that Court’s term dissented. The Establishment Clause of the United States Constitution is found in the First Amendment of the Bill of Rights and states in part, “Congress shall make no law res...

  • Early Law In America The Mayflower Compact

    Ron Holtsford|Nov 1, 2022

    One hundred two souls left England in 1620 to land in Virginia where they were to receive land through contract by the Virginia Company. The Virginia Company was chartered by King James I to set up English colonies in Virginia. Yes, it’s the same King James that commissioned that version of the Bible. We often think of the Mayflower as a ship of Pilgrims but only forty-one were on that voyage to separate themselves from the Church of England. The others, whom the Pilgrims referred to as s...

  • WHAT ARE SOME OF THE RULES OF A DUI OFFENSE?

    Ron Holtsford|Oct 1, 2022

    A driving under the influence (DUI) offense carries serious fines and jail time especially if the same individual is arrested multiple times for a DUI. In 2017, Alabama was 5th in drunk driving related deaths.There are some special rules that apply. Interestingly the special rules apply to whether (1) the individual is driving a school bus/ day care vehicle, or (2) it is a commercial vehicle, or (3) the individual is under the age of 21, or (4) the individual does not fall into any of the above...

  • WHEN DO YOU REALLY NEED A WILL?

    Ron Holtsford|Sep 1, 2022

    There are a few ways to approach your estate planning and even if you don’t think you have anything you most likely have more than you think. Some people however, do literally have nothing and live month to month and have more debt than assets, but most people do have enough to where they should at least talk to a lawyer. But let’s say you live month to month and have next to nothing in the bank. Let’s also say you have a car payment, you rent a place to live and maybe credit card debt where...

  • SO WHAT IS THE CASE THAT OVERTURNED ROE v WADE? CAN PRESCEDENT BE OVERTURNED?

    Ron Holtsford|Aug 1, 2022

    That case recently decided is DOBBS, STATE HEALTH OFFICER OF THE MISSISSIPPI DEPARTMENT OF HEALTH, ET AL. v. JACKSON WOMEN’S HEALTH ORGANIZATION ET AL. The Gestational Age Act of Mississippi was challenged by a Mississippi abortion clinic and one of it’s doctors. The Act states “[e]xcept in a medical emergency or in the case of a severe fetal abnormality, a person shall not intentionally or knowingly perform . . . or induce an abortion of an unborn human being if the probable gestational age o...

  • Any recent interesting Supreme Court decisions?

    Ron Holtsford|Jul 1, 2022

    Yes, one in particular concerned a then 13-year-old school girl who stepped off a school bus in Florida and was struck by a truck in 2008. The young girl now 14 years older is in a permanent vegetative state. The case is SUPREME COURT OF THE UNITED STATES No. 20–1263, GIANINNA GALLARDO, AN INCAPACITATED PERSON, BYAND THROUGH HER PARENTS AND CO- GUARDIANS PILAR VASSALLO AND WALTER GALLARDO, PETITIONER v. SIMONE MARSTILLER, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE FLORIDA AGENCY FOR HEALTH C...

  • I have read a little about a Qui tam action but why does a "whistleblower" need a lawyer?

    Ron Holtsford|Jun 1, 2022

    Qui tam actions are a part of the False Claims Act. Whenever a government contractor or payee defrauds the Federal Government, the Federal Government wants to know about it so that they might recover lost funds or in some cases the False Claims Act can cover illegal acts by companies. To do so the Federal Government encourages “whistleblowers” to report the wrongful action and if found to be legitimate, a private attorney and possibly Government inclusion (intervention) may pursue the wro...

  • Is There an Interesting Recent U.S. Supreme Court Case?

    Ron Holtsford|May 1, 2022

    There is a case decided in March 2022 arising out of the state of Texas. Factually, it involved the horrific murder of Texas resident Pablo Castro in 2004 by John Ramirez [and two other assailants] for less than $2.00. [All three were convicted of three robberies that same night]. One woman managed to escape unharmed by giving the three her purse after the knife used to kill Castro was held to her neck in front of her 2-year-old son. Another woman escaped in her vehicle after the trio attempted...

  • Many are saying that President Putin has committed war crimes. Can he be arrested and tried and what are the crimes since he has not personally committed them?

    Ron Holtsford|Apr 1, 2022

    War crimes are defined by the four Geneva conventions, which speak to certain aspects of war crimes. Additionally the Hague convention also speaks to war crimes. War crimes began to be addressed as early as the 1400s. The International Crimes Court could be a court to address Putin’s crimes. While many countries are signatories to the ICC, there are several that do not accept it’s jurisdiction. To accept it’s jurisdiction could mean that a matter could be taken from the hands of a sover...

  • My husband is beginning to show signs of dementia, maybe even Alzheimer's.

    Ron Holtsford|Mar 1, 2022

    I think that you are doing the hardest thing and the best thing for your husband 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 husband will need (and you) are a Last Will and Testament, Durable Power of Attorney (health a...

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