Weisberg Law Blog

July 4, 2008

This is July 4th in the year 2008. Here in southeast Virginia we all have reason to celebrate the birth of our country. Mt grandparents came to the U.S. from eastern Europe where autocrats ruled. No one got to vote. You did what you were told or else. In addition, people were starving. What a great gift they got, for them, their children and granschildren, me. The U.S. welcomed them, they were hard workers and asked for nothing but to be given a chance. One of their children was elected tro the U.S. Congress from the state of Connecticut, another served as a judge of the Supreme Court of New York. It only could happen here.

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DUI Cases

We regularly represents drivers charged with these offenses in all Courts  in southeast Virginia. The DUI charge is an unusual kind of criminal case that has aspects that no other kind of criminal case have in the Commonwealth.

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Looking out for your teen driver

If you’ve got a teenage driver, then you’ve probably spent a good bit of time worrying about their safety.  But worry alone won’t keep them safe on the road, when traffic accidents are the leading cause of death for youngsters aged 15 to 20.  What is a concerned parent to do?

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The FDA Can’t Win

Facing mounting criticism that the FDA just isn’t equipped with the budget or manpower to enforce its already cumbersome drug rules, the agency has started to crack down on new drugs being brought to market.  While this might make the FDA-bashers happy, it is causing consternation for Big Pharma.

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Dog Bites

On Friday we are going to settle a dog bite case involving a child attacked and injured by a pet dog. These cases are usually compensable. This means that the owner is usually liable for the injury. Laws in cities require that a dog be leashed when taken outside for a walk. Some cities require the taking of leash courses by owners and the dog. Many times the dog owner is covered by home owners insurance; these policies have a personal liability endorsement which provides for payment to the injured party. Often the injured party is a child. Often the injury is quite severe, sometimes a bite in the child's face. I would urge all parents to watch their children when animals are around. If the child is injured, parents owe it to their child to make a claim. Remember the money recovered belongs to their child.

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Gas Prices IV

Well, here we are again, paying $4.00 for a gallon of gas. As I have said, our leaders don't care. They're fine with it. The peasants, you out there have been driving around too much anyway; driving SUVs, eating meat, not exercising, and not paying enough taxes. The party is over. I don't like to get like this, but it is so true. John McCain and his wife earn about $6,000, 000 a year. Barrack Obama and his wife earn about $500,000 a year. John Kerry and his wife earn about $10,000, 000 a year. They could pay $30 a gallon. I read where Sen. Obama says that this "adjustment" came too abruptly, a more gradual rise would be better. If we don't get after them, they won't do anything. In the days of Robin Hood, the English peasants starved but couldn't hunt for food in the King's Preserve. And so it goes…

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Gas Prices III

I expect some improvement on gas prices. Already the rise has stopped; the price of a barrel of oil has dropped from a staggering $136 to $125. No real drop in pump prices, but maybe soon folks. However, we lawyers must continue to charge a transportation add-on for cases which require extra driving. I hope that we can drop this in the near future. Not much is being done in Washington for the long run problem: no new drilling in the USA, no new refineries, no nuclear plats, no shale oil projects. They’re just preaching about how we need to ride buses and we're eating too much meat.

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Hosting a Graduation Party in Virginia? Read This First!

If you're thinking about serving alcohol at your child's graduation party, you might want to think again. 

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1807 Norfolk, Virginia

I read an article about Norfolk, Virginia in the year 1807. Evidently, British ships were hanging around our coastline. One in particular was the HMS Malenpus, which was anchored in the Chesapeake Bay near the mouth of Lynnhaven Inlet. Five British sailors jumped ship and rowed to Norfolk, deserting the British Navy. At that time, all males born in the British Isles were subject to service in the British Navy; these five did not like it and decided to leave. Included in the five were William Ware and Daniel Martin. The five men made it to Norfolk where they immediately were given citizenship papers. When British officers saw them on the streets of Norfolk, the Brits demanded that they return.  The sailors refused, saying that they were now free Americans. The Brits resorted to the Norfolk Courts and a Norfolk Magistrate ruled that the five sailors were, indeed, Americans, deserters they might be.  Way to go Norfolk Courts.

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Gas Prices II

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'Click It or Ticket' and Virginia's Seat Belt Laws

State police will be on the lookout for Virginia drivers not wearing their seat belts this Memorial Day weekend.  According to the Highway Safety Office, 1,026 people died on Virginia roads last year, the highest number in a decade.  Out of those deaths, 60% of people who were riding in cars equipped with safety restraints were not wearing those restraints.  The “Click it or Ticket” campaign began on Monday and runs through June 1st.  Please become familiar with Virginia’s seat belt laws by visiting our page.

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Virginia Beach Sheriffs Immune

This is May 15, 2008. I read in today’s Virginian-Pilot that a U.S. magistrate has ruled that Virginia Beach Sherriff's deputies are immune in an action brought against them by a woman who claimed that she was beaten while the deputies were affecting her arrest. I don't know who is right or wrong. Hopefully the deputies acted properly and only used the minimum force necessary to take her into custody; if they did act improperly, they should answer for it. The Judge ruled that they are immune from an action for damages, medical expenses, etc., because of their status. I thought that we, the people of this Republic, were equal before the law. If she resisted and injured a deputy, she would have to answer not only criminally, but would be subject to an action for damages by the injured deputy. It is a road that should go both ways. Both sides should answer for their actions. There should be no privileged citizens in our Republic; even the enforcers of the Law must be subject to it.

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Gasoline Prices

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Chesapeake to Install Countdown Crosswalks

Chesapeake, Virginia, is installing 5 "countdown-type" crosswalk signs this summer.  Tammy Barry, a spokeswoman for the city's public works department, says that the project will cost the city about $48,000. 

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Joint Commission Targeting Children Medication Mix-Ups

Just days after our blog on choosing the best children's hospital for your child, the Joint Commission has issued new guidelines aimed at curbing pediatric medication errors in hospitals.  A recent study in the medical journal Pediatrics reveals that as many as 7.3% of all children treated at hospitals experienced an "adverse drug event." 

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Finding The Best ER For Your Child

CNN ran a great article by Elizabeth Cohen that offers tips which bear repeating here.

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Why Free Drug Samples Are a Bad Idea

At first glance, it might seem like taking the free drug samples from your doctor is a great way to save money on prescriptions.  It also saves you a trip to the pharmacy.  But an MSNBC article points out some of the pitfalls of drug company handouts.

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Knee and Hip Replacements Expected to Spike

The American Academy of Orthopaedic Surgeons expects that the number of knee replacements done in the United States will increase by 525% in the next 22 years.  Hip replacements are expected to more than double also by 2030.

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Inside the Officer's Mind

CNN had an interesting article earlier this month that took you inside the mind of the officer who pulled you over.  Reading this article can provide several helpful tips to making a traffic stop as painless as possible.  Many times, simply responding respectfully to the officer may resulting in a warning rather than a ticket.

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Supreme Court Grants Immunity for FDA Approved Medical Devices

In a landmark decision this week, the Supreme Court of the United States granted tort immunity to manufacturers of medical devices that have recieved FDA pre-market approval.

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Allan Zaleski in Two Recent Articles

Allan Zaleski has been in the news recently regarding his opposition to the reappointment of a Norfolk Judge.  These articles can be found in the News section of our website.  Please read them to lean more about attorney Zaleski's fight to ensure that Virginia Judges are "fair, courteous, knowledgeable and unbiased".Virginia Lawyers Weekly ArticleThe Virginian-Pilot Article

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UVA Professor: Vague Traffic Laws Invite Discrimination

Kim Forde-Mazrui, a law professor at the University of Virginia, argues in the Vanderbilt Law Review that our state's legal system needs to be reformed to give constitutional protection to motorists.  He argues that vaguely written laws, like Virginia's traffic laws, "give police the authority to stop, interrogate, search, and arrest whomever they choose for any reason."

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FDA Warns Doctors to Retrieve Device Fragments

The FDA has recently become apprised of something that plaintiff’s lawyers have known for years: Surgeons sometimes leave medical devices or parts of those devices in their patients. 

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Charlottesville, Virginia Police Taking Heat After Hitting Wheelchaired Pedestrian

On November 5, 2007, Gerry Mitchell was struck by a car.  But Gerry Mitchell wasn’t just any victim and the car wasn’t just any car.  Mr. Mitchell is a long-time AIDS sufferer who was confined to a wheelchair and has suffered renal failure and arm injuries after the accident.  The car was an Albemarle County Police cruiser.

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Safety at Amusement Parks

The Washington Post's Elizabeth Williamson wrote a wonderful article this week about the measures (or lack thereof) taken by amusement parks to ensure your safety while at their park.  It seems that the Consumer Products Safety Commission, which governs everything from children's toys to car seats to bikes, has absolutely no jurisdiction to fix rides at parks like Disney World or Six Flags. 

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Great DUI Information

Most Virginians do not ever imagine getting arrested.  Most Virginians cannot imagine ever going to jail.  However, most people will have a glass of wine at dinner and then drive home.  Others will have two beers at home watching football on Sunday and drive to the store for more potato chips or to grab some hamburger buns.  During one of these innocent activities, can you imagine getting arrested for DUI?  Even though the Virginia crack down of DUI is admirable, when the government puts a lot of stock into one area of crime, many innocent people get caught up in the mix.  This presents a problem for over-charging in criminal prosecutions.  Prosecutors have discretion is charging people with DUI.  But with their bosses breathing down their necks trying to get convictions in order to satisfy political opinion, innocent people get the short end of the stick.  People need to be protected from this. Here is a great website for DUI information.  Check it out and look how Virginia compares with every other state.Larry

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