October 2013

RECENT FRACKING ACCIDENTS IN OKLAHOMA

October 24th, 2013

The recent increase in fracking as a method to get natural gas out of the ground has generated a controversy as to whether such approach is warranted.   Its supporters claim that it offers a great opportunity to secure a cheap source of domestic energy production and creates good jobs in the natural gas sector.  Its detractors claim that it has various adverse environmental consequences.   The…

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STOP AND FRISK OUTSIDE URBAN AREAS?

October 23rd, 2013

Recently a federal judge up in New York decided that the manner in which New York City police conduct their “stop-and-frisk” approach violates the Equal Protection Clause of the United States Constitution.   That clause of the Constitution requires that the police do not treat people of certain nationalities, races or religions differently in the way in which they enforce the law.   The decision vaulted the…

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SEARCH AND SEIZURE IN THE 21ST CENTURY

October 23rd, 2013

While the Founding Fathers and authors of the Federal Constitution in the 1789’s could, in no way, imagine that people in two centuries would be driving cars, flying overhead in airplanes or connecting to libraries worth of information on the internet with the pecking of some words on a computer keyboard, they did possess a sense that government unbounded could violate the dignity and liberty…

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BANKRUPTCY CASES – CONFRONTATION OR NEGOTIATION

October 21st, 2013

What is the process for bankruptcy cases, how do they work? Bankruptcy cases, just like civil lawsuits to recover for breach of contract or personal injury, technically start the same way.   The attorney for the person filing for bankruptcy or the person suing someone else goes to the clerk’s office and files documents required by law to initiate the case.   Also the attorney will pay…

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Wounded Warriors- Social Security Disability for Veterans

October 15th, 2013

Veterans can apply for Social Security Disability benefits, even if they are already getting disability through the VA.  Social Security Disability has similarities to the VA system, but it is entirely separate.  Both are looking at why the Veteran is not able to work, both will be looking at medical records to evaluate the impairment.  The VA system rates the disability in terms of a…

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FALLING THRU THE REGULATORY CRACKS: COMPOUNDING PHARMACIES

October 4th, 2013

Compounding pharmacies are facilities where pharmacists and technicians prepare special pharmaceutical compounds for patients with unique needs.  They differ from regular drug stores in that they have the equipment necessary to formulate and prepare specific compounds that doctors prescribe for patients with illnesses that warrant treatments that are not available from your local drug store. The problem with these outfits stem from the fact that…

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RECALL OF BMW SEDANS IMPERILS DRIVERS

October 4th, 2013

Known as the “Ultimate Driving Machine”, maybe it is not all that.  The BMW Series 5 sedan has just been subject to recall.  Over 134,000 models from years 2008-2010 are being recalled because of a defective taillight.  Apparently, increased resistance at the contact points in the taillight housings can cause the taillights not to work properly.  Such a problem can cause dangerous problems. If you…

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EVOLVING STANDARDS IN VETERANS’ DISABILITY CASES

October 3rd, 2013

In the wake of the wars in Afghanistan and Iraq, thousands of veterans have returned home, many to Arkansas and Oklahoma to readjust to life in the civilian world.  Often the adjustment can be quite difficult.  Prior to these wars, a veteran suffering from post-traumatic stress disorders (PTSDs) would not be able to get disability benefits or treatment from the Veteran’s Administration (VA) for such…

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OVERCOMING CHALLENGES IN MOTORCYCLE ACCIDENT CASES

October 3rd, 2013

In states such as Oklahoma and Arkansas, many automobile insurance companies take a fairly hostile stance against motorcyclists injured in an accident.   While some states specifically allow insurance companies to deny some types of insurance coverage, such as Medpay coverage or first-party coverage, to motorcycle drivers, in other states, insurance companies tend to take a very skeptical attitude towards individuals injured while riding their motorcycle….

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