Lawyers.com Blog

WHAT IS A PERSONAL REPRESENTATIVE, AND WHAT DOES THE PERSONAL REPRESENTATIVE DO?

nospam@example.com (Katherine B. Schnauss Naugle) — Mon, 20 May 2013 17:41:56 -0400

The Florida Bar states: "The personal representative is the person, bank, or trust company appointed by the judge to be in charge of the administration of the decedent’s probate estate. In Florida, the term "personal representative" is used instead of such terms as "executor, executrix, administrator and administratrix."

The personal representative has a legal duty to administer the probate estate pursuant to Florida law. The personal representative must:

Identify, gather, value, and safeguard the decedent’s probate assets.
Publish a "Notice to Creditors" in a local newspaper in order to give notice to potential claimants to file claims in the manner required by law.
Serve a "Notice of Administration" to provide information about the probate estate administration and notice of the procedures required to be followed by those having any objection to the administration of the decedent’s probate estate.
Conduct a diligent search to locate "known or reasonably ascertainable" creditors, and notify these creditors of the time by which their claims must be filed.
Object to improper claims, and defend suits brought on such claims.
Pay valid claims.
File tax returns and pay any taxes properly due.
Employ professionals to assist in the administration of the probate estate; for example, attorneys, certified public accountants, appraisers and investment advisors.
Pay expenses of administering the probate estate.
Pay statutory amounts to the decedent’s surviving spouse or family.
Distribute probate assets to beneficiaries.
Close the probate estate.

knaugle@jaxlawteam.com

Common Work Injuries

nospam@example.com (Michael A. Kernbach) — Mon, 20 May 2013 15:32:32 -0400

Workers’ compensation

Virginia requires employers with three or more full-time or part-time employees to carry workers’ compensation insurance. Workers’ compensation pays for medical costs and lost wage benefits for employees injured on-the-job.

What injuries does workers compensation cover?

A Virginia workplace injuries attorney can help workers recover compensation when their injury occurs because of an accident that happens during the course of employment or they contract an illness due to occupational exposure. Slips and falls that occur during work, falling objects that injure employees in the workplace or injuries resulting from malfunctioning work equipment are types of injuries that fit the Virginia definition of a work-related injury. By comparison, accidents that occur during a commute to work do not qualify as work-related. However, if an accident occurs while driving a company car on company business or while driving for a work-related matter, workers’ compensation should cover the employee’s injury. If the company throws a party or recreational event that is an off-duty activity and a worker suffers injury, the injury does not qualify for workers’ compensation.

Under Virginia statutes that define occupational disease , carpal tunnel syndrome and hearing loss do not qualify as occupational diseases and neither do diseases where employees suffer injuries while they also have substantial exposure to injury outside of work. Neck, back or spinal column conditions also do not qualify as occupational diseases. Common work injuries, diseases or conditions that would qualify for workers’ compensation are those that hospital employees, healthcare providers or search and rescue works experience due to threats associated with their jobs. Examples are contact with infectious diseases, such as hepatitis, tuberculosis or HIV. Those administering small pox vaccines and who suffer exposure are also eligible for workers compensation coverage.

Rely on an experienced workers compensation lawyer

Michael A. Kernbach has helped injured workers receive entitled compensation for more than 25 years. He assists with denied claims and walks clients through the entire claims process, helping workers obtain benefits they so desperately need.

Office in Manassas
9253 Mosby Street, Suite 100
Manassas, VA 20110
Phone: 571.292.9046

Office in Roanoke
301 Campbell Avenue SW
Roanoke, VA 24016
Phone: 540.982.7654

Office in Weston, FL
Of Counsel to Martin Lister & Alvarez
2893 Executive Park Drive, Suite 204
Weston, FL 33331
Phone: 954.659.9322

TUESDAY MORNING CEO SUES FOR DISCRIMINATION

nospam@example.com (David J. Linesch) — Mon, 20 May 2013 15:10:47 -0400

The former CEO of Tuesday Morning has filed a discrimination lawsuit against the discount retailer, saying she was fired just months after revealing she had breast cancer.

The lawsuit by Kathleen Mason follows a discrimination filing with the Equal Employment Opportunity Commission this summer. Mason’s lawyer, Rogge Dunn, says she was fired during a phone call last June, even though she had overseen the company’s growth during her tenure.

Dunn has said that Mason informed the board of her cancer so they wouldn't be alarmed if she began losing her hair or growing gaunt as a result of treatment. But he has said the board’s attitude toward her began to change soon after, with members contacting her subordinates directly. At one point when Mason was wearing a wig, Dunn said one board member made a sarcastic comment about how nice her hair looked.

Tuesday Morning Corp., which sells closeout housewares and home decor, has stood by its ousting of Mason. In announcing her termination, the Dallas-based company had said it was time to transition to a new executive who would “guide the company through its next stage.”

The company, which has about 850 stores across the country, had recently reported a wider quarterly loss with fewer customers visiting stores and spending less per visit.

A representative for Tuesday Morning was not immediately available to respond to the lawsuit, which was filed Thursday in Dallas County Court.

If you have any questions about discrimination, please contact our Firm: Laborlaw@Lineschfirm.com

Article by: USA Today

_{The Linesch Firm provides news and opinion articles as a service to our readers. Often these articles come from sources outside of our organization. Where possible, the source is documented within each article as well as a link to the article’s source. For more information about The Linesch Firm, please visit our website: www.LineschFirm.com. If you have questions about employment matters and would like to consult a Board Certified Labor Attorney, please contact our Firm.}

What is the Difference between Power of Attorney and Guardianship?

nospam@example.com (Bruce A. Brightwell) — Mon, 20 May 2013 14:49:51 -0400

Estate planning

A guardianship and durable power of attorney both appoint persons to make decisions about an individual’s care, and their functions are similar. However, there are also distinct differences.

Durable power of attorney

People often set up a power of attorney (POA) as part of estate planning. A power of attorney designates someone to act on behalf of another to handle financial matters or make health care decisions. For example, the designated person may act in a financial capacity for someone else by signing checks, paying bills and making decisions about investments, etc. Clients can also designate a durable power of attorney that goes into effect when their physical or mental capability prohibits them from handling their own affairs. Generally, when drafting a durable power of attorney, a Louisville estate planning attorney also devises some kind of advance directive that expresses the person’s wishes about health care decisions. A power of attorney has the legal responsibility to carry out the person’s wishes or act as the person would act under similar circumstances. Setting up a power of attorney is a voluntary action and must be done while the person is still mentally capable.

Guardianship

Unlike a power of attorney, courts order guardianships, but only after the person has become legally disabled. Kentucky courts usually assign a family member or friend, but when that is not possible, they appoint the Cabinet for Health and Family Services as the guardian. A guardian can have full or limited duties, depending on the person’s competence (or lack of competence). A full guardian decides whether the person can do the following:

Drive
Vote
Make medical decisions
Sell property
Sign checks or legal documents
Make a will
Get married
Decide where to live

For experienced legal help

Brightwell Law is a Louisville, Kentucky law firm that helps clients with all facets of estate planning, elder care, probate and related legal areas. Call 812.952.9735 or contact Brightwell Law online to schedule your initial consultation.

Louisville office
Austin Building
1939 Goldsmith Lane
Suite 146
Louisville, KY 40218
812.952.9735

New Albany office
1212 State Street
New Albany, IN 47150

Issues to Consider When Divorcing with Children

nospam@example.com (Sally Swyers Rajnoha) — Mon, 20 May 2013 13:47:48 -0400

Moving out of state

You may dream of packing your bags and relocating after your divorce is finalized. However, if you have minor children, relocating, particularly out of state, may be difficult. You must provide your ex-spouse with advance notice of your planned relocation, and he or she has the right to object to your move. In many cases, a judge will ultimately decide whether to allow you to move or not.

Drafting a parenting plan

Courts often require parents to submit a parenting plan - either jointly or indivudually - when divorcing or separating. The plan should address the following areas: custody, a schedule for parenting time, the decision-making rights and responsibilities of each parent, a problem-solving strategy for disputes and a determination of each parent's responsibilities for the child's expenses. The best interests of the child should be the guiding factors for the components of the plan.

Specifically, the plan should address:

The child's primary residence
Transportation of the child between parents
Decision-making processes to determine the child's best interests
Child support payments

Although a parenting plan is generally optional for a child who is over the age of 18, the court may still require one to be filed. A new parenting plan must be filed whenever there is a proposed change in custody, visitation or other relevant matters.

Let an experienced St. Louis County law firm help

When you are struggling to make the right choices for you and your children, you need the support and guidance of lawyers who understand the legal repercussion for the decisions you make. Contact Case & Rajnoha, LLP. We are St. Louis County child custody attorneys who can advise you to the best possible choices in these situations.

Case & Rajnoha LLP, Attorneys at Law
1190 Meramec Station Road
First Bank Building, Suite 203
Ballwin, MO 63021

The Ups and Downs of an Employment Discrimination Case

nospam@example.com (Jay T. Jambeck) — Mon, 20 May 2013 13:11:32 -0400

The Second California Appellate District sitting in Los Angeles issued an opinion which discusses a host of issues in connection with an employment discrimination and retaliation case, not all of which will be touched upon here.

In McCoy v. Pacific Maritime Association, the plaintiff, McCoy had worked for many years as a clerk at a port facility when she along with other co-workers filed a federal lawsuit for discrimination. That lawsuit was settled and as a result McCoy was promoted.

In her new position, however, McCoy complained of retaliation due to the filing of the previous lawsuit, sexual harassment and related tort claims. She filed suit and prior to trial, the Defendants moved for summary judgment/adjudication, which is an attempt to resolve a case against a plaintiff prior to trial The Court granted summary adjudication as to all of McCoy's claims except for her retaliation claim based on the previous federal lawsuit. So at that point McCoy experienced the down slope of an adverse decision by a trial judge. But, she is left with her retaliation claim, so the case moves to trial.

Prior to trial, the Defendants filed what are called motions in limine - motions that seek to categorically exclude certain items from being introduced into evidence. The Defendants won on all three motions and excluded evidence of racially derogatory remarks of a supervisor as evidence of retaliation; evidence that other employees had also been retaliated against as a result of the previous federal lawsuit; and evidence as to the claims which the court had summarily adjudicated. Again, McCoy's case is trending downward.

Her attorney, likely frustrated with the adverse rulings, decided to push the envelope at trial by referencing matters which were excluded by the trial judge and by showing the jury an inflammatory photograph which had not been previously listed as evidence or shown to counsel for the Defendants.

The attorney's aggressive gamble worked - at least fleetingly. The jury returned a verdict for McCoy of $660,000 in economic damages and $540,000 in emotional distress damages.

After that decided upswing, the Plaintiff's celebration was short lived. The Defendants filed post-trial motions - another chance for a trial judge to apply the law to a case. The judge granted motions which allowed one of the defendants off the hook entirely, found that plaintiff had not presented sufficient evidence to prove her retaliation case and, for good measure, granted a new trial in the event an appellate court found sufficient evidence of retaliation. McCoy's $1 million+ award is erased with a pen stroke, and she is about as low as one can go in a case.

McCoy then appeals and receives a mixed opinion from the appellate court. It breathes new life into her case by finding sufficient evidence of retaliation was presented but finds her attorney's "misconduct" in referring to excluded evidence and making other improper arguments justified a new trial.

So, McCoy's remedy is to go through trial, again, with the same judge (most likely unless that judge retired or was reassigned), but without the inflammatory evidence presented in the first trial. Will the next jury be so moved to award her a large verdict? Time will tell.

The lessons to be learned from McCoy's ups and downs are not that a person who has been discriminated against or retaliated against should refrain from proceeding to court if necessary to vindicate his or her rights. The lesson is proceed with realistic expectations of the justice system which involves the interplay between laws which are intended to be predictably applied and discretion of a judge and a jury which are subject to the human condition of varied opinion and judgment which can lead to unpredictability. An attorney's role is to navigate that zone of uncertainty and to convince the judge and the jury of the merit of the client's cause.

The Leigh Law Group is a law firm, based out of San Francisco and Marin County, comprised of attorneys striving to litigate cases in the education law (higher education, special education and general education), employment law, civil rights and business litigation arenas in a way that does does justice to a client's cause and does not subject clients to unwarranted uncertainty. That method requires attention to the client's individual circumstances but also to the realities - to the strengths and weaknesses - of our judicial system.

Your Right to Counsel

nospam@example.com (Stephen R. Welby) — Mon, 20 May 2013 11:30:36 -0400

Most of us have heard the Miranda rights, whether on TV or even firsthand. It includes the provision that the suspect or defendant has the right to an attorney, and that if the person is unable to afford an attorney, the government will provide one. This all sounds fine, but what does it really mean? Does the government just hand out free lawyers? When do you have a right to counsel? Knowing your right to counsel can prepare you to invoke it properly should the need arise.

Who has the right to counsel?

The right to counsel is not dependent in which state you reside because it is embedded in the Bill of Rights. The Sixth Amendment of the United States Constitution grants every American the right to representation as they proceed through the legal system, whether or not they can afford an attorney. This is important to know, because police officers are not always obligated to ask you if you want a lawyer. You are entitled to request representation even before they inform you of this right, because the right exists independent of the Miranda warning.

How do I invoke my right to counsel?

Timing and clarity are the two important points of invoking counsel. There isn’t a limit on when you can invoke counsel, but the earlier you do so provides you with competent representation sooner. For example, if you’ve been arrested in Saint Louis, if you invoke your right to counsel even before or right after hearing the Miranda warning, then you have Saint Louis criminal defense lawyers by your side, protecting you immediately. Immediate counsel means less risk of self-incrimination or of having your rights violated by the police.

As far as clarity, it is important to invoke your right to counsel explicitly and unequivocally. For example, stating that you have the right to counsel is not the same as requesting counsel and only an explicit request will be honored by authorities.

Call for a free consultation with experienced St. Louis attorneys

When you need to exercise your right to counsel, you want an experienced team of dedicated criminal defense lawyers by your side. The Welby Law Firm, LLC, works hard to provide the highest quality defense on your behalf.

The Welby Law Firm, LLC

1221 Locust Street
St. Louis, Missouri 63103
314-732-4285

Workers Compensation: A No-Fault System

nospam@example.com (John V. Boshardy) — Mon, 20 May 2013 11:29:41 -0400

Illinois workers compensation law provides a system for employees who are injured at work to recover benefits from their employer or their employer’s insurance company through a special workers compensation court system administered by the Illinois Workers’ Compensation Commission.

Worker’s compensation benefits are available regardless of who was at fault for the injury. Note, however, that although the worker will not have to prove that their employer caused the accident to collect these benefits, they will be barred from bringing a separate lawsuit for personal injury against their employer in state court.

What benefits can be recovered in the workers compensation no-fault system?

A workers compensation case is initiated with the filing of a claim with the Illinois Workers’ Compensation Commission. The claim is assigned to an arbitrator and proceeds until a trial is necessary to resolve disputed issues. The employee is entitled to be represented by an attorney in the process.

An injured worker is eligible for the following types of benefits only when they can prove they have suffered work related injuries or have developed an occupational disease:

-Medical costs for necessary treatment related to the injury;
-Temporary disability benefits for the time the employee is out of work;
-Permanent partial or total disability benefits where the worker will be limited or unable to work again;
-Death benefits to the family of a worker killed on the job;

Do I need an attorney to obtain worker’s compensation benefits?
Having an attorney is important because while fault may not be an issue, the insurance company will not willingly provide all of the benefits due. The determination as to the cause, significance, and lasting effects of the injury are as aggressively contested by the insurance company in a workers’ compensation case as in any other case in state or federal court.

Some of the issues usually contested by the insurance company are:
-whether the injury is really job related
-the necessity of the treatment
-the determination of when and if the employee has recovered enough to return to work

The insurance companies employ what they call “independent” medical examiners to examine the worker - however, these medical examiners are not really independent and their conclusions often have to be challenged by the worker and his or her attorney during the course of the claims process.

The workers compensation claims process can be lengthy and confusing particularly when an injury is serious and results in a permanent or temporary disability. Having a workers' compensation lawyer in Springfield, Illinois handle the process allows the injured worker to concentrate on their recovery.

The law provides for a set fee to be paid to the worker's attorney, which is generally a percentage of the benefits awarded – the attorney therefore has a personal interest in obtaining the maximum award possible their client.

An attorney who will fight for you

The Springfield, Illinois workers compensation law firm of John V. Boshardy & Associates has the expertise to fight for you to receive all the benefits that you deserve under the law. The firm's attorneys have been working to help injured workers in the state of Illinois for over two decades and have a proven track record of success before the Workers Compensation Commission. Call 1-800-595-5345 today to schedule an appointment to discuss your case.

John V. Boshardy & Associates, P.C.
1610 South Sixth Street,
Springfield, IL 62703
1-800-595-5345

Powell Company Recalls Anywhere Lounger Bean Bag Chairs Due to Suffocation and Strangulation Hazards

nospam@example.com (Simon W. Johnson) — Mon, 20 May 2013 07:22:17 -0400

Powell Company Recalls Anywhere Lounger Bean Bag Chairs Due to Suffocation and Strangulation Hazards

from PR Newswire

http://www.prnewswire.com/news-releases/powell-company-recalls-anywhere-lounger-bean-bag-chairs-due-to-suffocation-and-strangulation-hazards-207734851.html

Simon W. Johnson

swj@swjlawoffice.com

Law Office of Simon W. Johnson

Martindale Avvo Justia

FindLaw LawInfo LawGuru

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Serving Cleveland and Ohio, 44124

Cuba-Jailed American Settles Lawsuit Against Employer

nospam@example.com (Simon W. Johnson) — Mon, 20 May 2013 07:20:10 -0400

Cuba-Jailed American Settles Lawsuit Against Employer

from Bloomberg

http://www.bloomberg.com/news/2013-05-16/cuba-jailed-american-settles-lawsuit-against-employer.html

Simon W. Johnson

swj@swjlawoffice.com

Law Office of Simon W. Johnson

Martindale Avvo Justia

FindLaw LawInfo LawGuru

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Serving Cleveland and Ohio, 44124

Suit Alleges IRS Improperly Seized 60 Million Personal Medical Records

nospam@example.com (Simon W. Johnson) — Mon, 20 May 2013 07:16:35 -0400

Suit Alleges IRS Improperly Seized 60 Million Personal Medical Records

from Forbes

http://www.forbes.com/sites/scottgottlieb/2013/05/15/the-irs-raids-60-million-personal-medical-records/

Simon W. Johnson

swj@swjlawoffice.com

Law Office of Simon W. Johnson

Martindale Avvo Justia

FindLaw LawInfo LawGuru

LinkedIn Twitter Facebook

Serving Cleveland and Ohio, 44124

Michigan class-action lawsuit OK'd over asset seizures

nospam@example.com (Simon W. Johnson) — Mon, 20 May 2013 07:11:52 -0400

Michigan class-action lawsuit OK'd over asset seizures

from Detroit Free Press

http://www.freep.com/article/20130517/NEWS06/305170037/Michigan-class-action-lawsuit-OK-d-over-asset-seizures

Simon W. Johnson

swj@swjlawoffice.com

Law Office of Simon W. Johnson

Martindale Avvo Justia

FindLaw LawInfo LawGuru

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Serving Cleveland and Ohio, 44124

FERS & CSRS Federal Disability Retirement from the U.S. Office of Personnel Management: Administering Treatment versus Administrative Functions

nospam@example.com (Robert R. McGill) — Mon, 20 May 2013 06:28:07 -0400

Doctors rarely have any problems with administering treatment based upon clinical encounters and subjective narratives from their patients; yet, when it comes to providing a medical report and performing similar administrative functions, the sudden pause, hesitation, and sometimes outright refusal, is rather puzzling, if not disconcerting. Such trepidation from the doctor can obviously result in a difficult wall for purposes of preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS. For, much of medical evaluation, diagnosis, prognosis and prescribing of treatment encompasses receipt of subjective responses from the patient: where the pain is present; the nature and extent of the pain; the history and chronicity of manifested symptoms; even functional capacity evaluations must necessarily be an observation of the subjective actions & reactions of the participant. Of course, there are often distinguishable "objective" factors -- swelling; carcinogenic versus benign tumors; broken bones, etc. On the other hand, even MRIs and other diagnostic tools reveal only that X exists -- not that X results in symptom Y. An example would be a bulging disc -- while the abnormality itself may show up on an MRI, whether the individual experiences any pain from the abnormality may differ from subject to subject. This is why, despite the willingness of a doctor to treat based upon most factors being "subjective" in nature, it becomes a puzzle why the same doctor shows an unwillingness to write a report stating that, because of the medical conditions for which patient M is being treated, one must necessarily conclude that he or she cannot perform essential elements X, Y and Z of his or her job. It is the jump from treatment-to-disability-determination which is often problematic for the treating doctor. All of a sudden, the excuses flow: "I am not trained to make such determinations"; "There is no objective basis for your pain" (then why have you been treating me for over a decade and prescribing high levels of narcotic pain medications?); "I can't say whether you can or cannot do your job"; and many other excuses. The switch from administering treatment, to treating administrative matters, is one fraught with potential obstacles. How one approaches the treating doctor will often determine whether such obstacles can be overcome -- and whether one's Federal Disability Retirement application can be successfully formulated.

Sincerely, Robert R. McGill, Esquire

Colorado Legislature Ends Session with Drivers License Bill for Illegal Immigrants

nospam@example.com (Catherine Olson Brown) — Sun, 19 May 2013 00:17:27 -0400

On May 8, 2013, the Colorado legislature approved a bill allowing
undocumented/illegal residents the ability to obtain a Colorado
drivers license. The bill is now sitting with Governor Hickenlooper to
sign into law, who according to the Colorado Observer, is likely to sign.

The
bill - known as Senate Bill 251 - was handily passed in the Senate. It
cleared the House on a final 34-31 vote; three Democrats joined
Republicans in voting against the measure.Proponents of the bill argue
that the licenses will improve public safety. But many Republicans
believe that the legislation amounts to amnesty.

The bill would
require undocumented Colorado immigrants to present a certified copy of
the prior year's state tax return filing, a federal tax identification
number (ITIN) or social security number, and proof of identity from
their country of origin, such as a passport or consulate card in order.
They also have to pass the written test in English. The bill includes a
provision that enforcement cannot refer cases to federal immigration
authorities based on these state licenses. (This provision also was a
separate bill that has been signed into law, reversing a prior law
issued in 2006 that required local authorities to refer such persons to
Immigration Customs Enforcement (ICE)). The Colorado license would look
different than those issued for the majority of Colorado residents. The
Colorado-issued ID card or driver’s license would not be valid federal
identification to vote, obtain benefits or board airplanes. Finally,
while no criminal background check is conducted, fingerprints are
collected in order to issue the card.

If the governor signs this
into law, Colorado would be the 4th state to provide such a license
after New Mexico, Illinois and Washington. This is quite a turnaround
from 2006, when the legislature imposed many punitive measures on
illegal immigrants. If signed into law, an estimated 60,000 illegal
immigrants living in Colorado will be able to apply for an ID, license
or driver’s learner permit in 2014.

For more information on
obtaining a drivers license in Colorado for illegal immigrants, please
contact immigration lawyer Catherine Brown at 303-322-2117.

FERS & CSRS Federal Disability Retirement from the U.S. Office of Personnel Management: Pain and the Fallacy of Objectivity

nospam@example.com (Robert R. McGill) — Sat, 18 May 2013 06:17:19 -0400

Pain by definition is "subjective", if by it one means that the experiential verification of the condition is uniquely possessed by the "I", or the subject of the experience. By contrast, that which is deemed "objective" is presumably validated by more than the possessor of the experiential condition -- i.e., by third parties; by testing for the validity and verification of an event through means other than the personal narrative of a singular subject. Yet, if verification of an experience is accepted merely by sheer volume of a collective consensus, then most scientific revolutions in advanced discoveries would never have survived. In Federal Disability Retirement law, it is often the argument of the U.S. Office of Personnel Management that the Federal or Postal applicant has failed to provide "objective" medical evidence in presenting his or her case. The narrative of having a condition of "chronic pain", or "severe pain" -- being "subjective" by definition -- is not deemed "objective", and therefore cannot be the valid basis alone for a Federal Disability Retirement case (or so the argument by OPM is often presented). Even the results of an MRI will not necessarily satisfy the scrutiny of OPM; for, ultimately, an MRI can only reveal an observable abnormality -- not that a person experiences "pain". Fortunately, there are a number of cases in law which rebut OPM in their attempt to bifurcate between "objective" and "subjective", and such legal tools should always be cited and applied in any Federal or Postal Disability Retirement application. While pain may indeed be subjective by definition, the objectivity of a Federal Disability Retirement application should never be based upon what OPM deems as sufficient; rather, it is the law and the long history of legal guidance by the courts which should mandate how OPM acts. Indeed, if we let OPM's subjective determinations rule the day, we would all be left in an existential state of pain -- one which would then result in a collective consensus which may be deemed objective in nature.

Sincerely, Robert R. McGill, Esquire