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Fresh Insight into Popular Legal Topics

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News

How Filing for Chapter 11 Bankruptcy Will Affect the Boy Scouts of America

February 21, 2020 by Guest Contributor Leave a Comment

After years of victims of child sexual abuse coming forward to speak against the Boy Scouts of America (BSA), the organization has declared bankruptcy. The filing is a result of multiple class-action lawsuits against the organization for failing to protect the young boys in their care, turning a blind eye to the abuse of an estimated 12,000 victims. But is bankruptcy enough for the victims?

 

What does chapter 11 bankruptcy mean?

When a business files for chapter 11 bankruptcy they are admitting that they are unable to sustain their business with their current trends. For the BSA, this means that they are unable to continue covering the damages and payouts to the sexual abuse victims suing them. Businesses going through chapter 11 bankruptcy are making a statement that they plan to reorganize their finances in order to repay their debts. 

Bankruptcy court demands statements of assets, liabilities, and important aspects of the business to be released. It also means that the organization will halt operations until its finances are sufficiently reorganized. 

This also means that there is now a deadline for victims to come forward. This has received strong criticism, since forcing victims to come forward before they are ready often leads to victims never coming forward at all. It could also reduce the amount available for compensation for individual victims who do come forward.

 

How are victims responding?

Sexual abuse has a unique impact on each individual victim, which presents in different reactions. A large number of victims who have come forward see the filing as a success; proof that the BSA knows it did something wrong and is going to pay for it. Some victims don’t care about the compensation and only care that the world knows about the scope of the problem. This group believes that even if it means each individual gets less of a payout, it’s worth it if more people come forward. 

Another group sees the filing as a cop-out. Reducing the number of victims that are willing to come forward drastically reduces the amount the organization will have to owe. It will also limit the scope of the problem visible to the public. 

 

How will this affect local troops?

Due to the financial independence of district-level troops, local troops are unlikely to be shut down. It is still unclear how operations will change at the national level, but the organization is sure to go through a change. 

 

How has the BSA changed its policies relating to adult volunteers?

Adult members of the BSA are required to undergo training, review, and criminal background checks. Beyond this, a greater number of certified adults are being required to attend events and activities to ensure safety procedures are being followed.

 

Further Information:

https://www.bostonglobe.com/2020/02/18/metro/boy-scouts-bankruptcy-filing-could-yield-key-evidence-abuse-cases-boston-lawyer-says/

https://time.com/5785874/boy-scouts-bankruptcy-sex-abuse/

https://www.nbcdfw.com/news/local/boy-scouts-abuse-survivors-want-more-than-just-compensation-attorney-says/2313426/

Filed Under: Business, Law, News

Liabilities of Not Getting a Flu Shot

January 27, 2020 by Guest Contributor Leave a Comment

Even though we’re a few months in, this year’s flu season is still going strong. In fact, it’s one of the worst we’ve seen in a while, resulting in numerous deaths and thousands of hours of sick leave. Luckily, there’s a way to protect yourself from most of the risk of this contagion: getting a flu shot.

 

Personal Benefits of the Flu Shot

On a personal level, the flu shot mainly helps you and those around you not get sick. This means you, your coworkers, peers, friends, and family members are less likely to get sick. This is why the CDC recommends everyone over the age of 6 months get a flu shot every year.

 

How the Flu Shot Helps the Greater Good

As previously mentioned, when you get the flu shot you are helping keep those around you healthier. This is due to herd-immunity: when a disease can’t spread because everyone is immune to it. This protects people who are at greater risk and might not be able to be vaccinated, such as pregnant people, infants, the elderly, and those with immune-system deficiencies. 

 

Are You Liable if You Don’t Get Vaccinated?

While the idea of lawsuits against those who don’t vaccinate have been floated for years, the actual implementation of such actions has yet to reach fruition. The largest liability facing you if you don’t vaccinate is your personal health. The other liability is the health of your peers, and, if you get your peers sick, probably the respect of your peers.

 

In summary, stay healthy and get your flu shot.

Filed Under: News

Early Impacts of AB 5 in California

December 20, 2019 by Guest Contributor Leave a Comment

California recently passed Assembly Bill 5: a bill designed to reduce companies’ abilities to take advantage of contract workers. The bill was written in response to the growing number of independent workers making their money from the gig economy, including Lyft and Uber drivers. 

 

Since it’s conception, AB 5 has caused controversy. Companies see it as a risk to their profit margins, some independent contractors demand basic benefits, and some independent contractors fear for their livelihoods. The bill excludes some professions, including doctors and psychiatrists due to their generally high incomes, and targets employers who are failing to provide those working for them with the basic necessities for living in California. It requires that employers who hire contractors for the amount of work an employee should be doing to hire them as employees. 

 

By transitioning contract workers into employees, employers would have to provide more substantial wages, protections, and benefits. This would increase the cost of labor for many employers, leading to Uber and Lyft spending over $100 million to get a ballot measure on the 2020 ballot to oppose the bill. The rideshare companies are worried, and rightfully so, that the new law requiring them to recognize all of their drivers as employees will severely lower profits. The companies say that the new measures will force them to implement driver schedules, raise rates, and reduce the freedom of their drivers.

 

This is true. What’s also true is that contract workers are often taken advantage of, with employers going with the cheaper worker rather than hiring an employee and the benefits that go along with it. 

 

The problem arises when companies now see out-of-state freelance workers as a cheaper alternative to California freelancers. This largely affects industries including construction, writing, and graphic design. Independent contractors are already feeling the pressure from the new restrictions and companies are unwilling to hire them. This is more a reflection of employers’ unwillingness to provide their workers with sufficient contracts than workers demanding too high of benefits or legislators trying to punish employers. 

 

 AB 5 won’t go into effect until January 1st, 2020. Until then we won’t know it’s full effect and how companies will respond to the new laws.

Filed Under: Business, News, Opinion

When Doctors Have to Offer Untested Procedures

December 17, 2019 by Guest Contributor Leave a Comment

Women’s health in America is widely known to be mediocre at best, downright dangerous at worst. This is made painfully clear with abortion care, where doctors in certain states are required to tell those undergoing a pharmaceutical-driven abortion that there is an option to reverse it after treatment has begun, a claim that is unfounded and potentially dangerous.

 

As reported in The Cut, a recent test of the abortion reversal project had to be abruptly ended after three of the twelve participating women were rushed to the hospital. A study done before that among a larger sample of women was also inconclusive, with the results regarding half of the women being unaccounted for. 

 

The process being tested was implemented between the first and second doses of the abortion medication procedure, between when the fetus is detached from the womb and when it is expelled from the uterus. The procedure is meant to provide an option for women who change their minds halfway through their abortion.

 

States that have abortion reversal laws have faced numerous lawsuits from the AMA and the Center for Reproductive Rights, stating the laws violate doctor’s first amendment rights as well as their responsibility to deliver accurate and health-based advice. By forcing them to state abortion reversal as a viable option is forcing them to advise untested and potentially dangerous procedures to women.

Filed Under: News

FDA Investigating Other Potential Carcinogen Risks

December 12, 2019 by Guest Contributor Leave a Comment

The FDA has released an announcement that they are investigating other drugs that contain trace amounts of NDMA, a known carcinogen. The release states that while non-US regulators have recalled drugs containing metformin, a common ingredient in blood-pressure-regulating medications for type 2 diabetics, the FDA is not issuing a recall and is still investigating. 

 

NDMA can be found in many foods, including vegetables, grilled meats, and drinking water, but is not considered dangerous unless over 96 nanograms are ingested daily, which is rare. Zantac and other ranitidine products have been recalled recently due to the discovery of high levels of NDMA present in consumer’s bodies after ingesting the medication: the result of the unstable nature of the ranitidine molecule breaking down into NDMA. 

 

The timeline for the FDA investigation is currently unclear, and will not be limited to metformin. As stated in the press release, “Improved technology enables [the FDA] to detect even trace amounts of impurities in drug products and may be the reason why more products have been found to have low levels of NDMA.” This means that their scope has widened to a larger array of medications than earlier in the year.

 

The exact number of drugs being investigated is unknown, and we won’t know for a while if any drugs are found to be dangerous. Keep up to date by watching the FDA’s press announcements page. 

Filed Under: News Tagged With: dangerous drugs, defective products, FDA

Personal Injuries and Winter Driving

December 4, 2019 by Guest Contributor Leave a Comment

Winter weather has hit America full force, and there are news stories to back it up. Nothing ushers in the seasons like hearing about dozen-car pile-ups and terrible drivers (I know this is Toronto, but terrible drivers are universal). These increasingly dangerous conditions make it important for you to be aware of your personal injury risks. 

 

Low-Speed Collisions

Bumps happen. You can drive as slowly and carefully as possible and still end up in a rear-ending at a red light because the person behind you didn’t leave quite enough space on the icy road. If there’s no real damage, it’s often easiest to just exchange insurance information and carry on with your individual lives. Chances are you’ll bump into someone at some point and will want that good-forgiveness-karma. 

 

If there is damage, either bodily or automotive-ly, you’ll want to talk to a lawyer. They will help you get their insurance to cover your damages and help you recover. Alternatively, if you were the one to cause the damage, a lawyer will help you negotiate with your insurance to make sure you pay the bare minimum. 

 

High-Speed Collisions

 High-speed collisions are always bad news. On freeways or otherwise, losing control while on an icy road can create widespread damage. These make up a large percentage of winter driving fatalities. Cars are unable to stop quickly in winter conditions and can behave unpredictably on ice. This is why it’s important to always take full precautions in dangerous conditions to avoid being slapped with a reckless driving charge.

 

Things happen quickly, and high-speed collisions are sometimes unavoidable. That being said, you can take precautions to keep yourself and those around you safe. These precautions include:

 

  • Purchasing (and installing) high quality winter tires
  • Avoiding driving in squalls
  • Driving slowly when conditions turn bad
  • Putting on headlights and hazards in low visibility situations
  • Replacing old windscreen wipers when they start to become faulty
  • Making sure to leave plenty of space between you and the car in front of you
  • Giving driving your full attention

If you are involved in a collision and find yourself injured, following these precautions will help you to receive the full damages you are owed. Again, a good lawyer is key to ensuring you win your case.

Filed Under: Law, News Tagged With: personal injury

The Dangers of Expedited Drug Approvals

December 3, 2019 by Guest Contributor Leave a Comment

The number of theories out there on how to fix the American prescription drug system is enough to maybe take a crack at actually fixing it, but whatever we’re doing right now isn’t working.

 

The Drug Approval Process

The resources required for a drug to be fully developed and approved and enormous. It can take years and millions of dollars to get a single drug to market. Of the drugs that enter development, only a small percentage make it to human trials, let alone make it to market. There’s a very good reason for this: human chemistry is delicate and pharmaceuticals can cause serious damage, even when they’re controlled. 

 

The FDA exists in America to ensure consumers aren’t exposed to dangerous substances that are marketed as safe to consume. This covers both food and drugs, with serious attention paid to drugs. All pharmaceuticals go through the FDA approval process, whether they’re name-brand or generic, for wide use or orphan drugs. 

 

The Dangers of More Approvals

Recently, the FDA has been expediting large numbers of drug approvals, largely for generics and Breakthrough Designation (BTD) drugs. This can be seen as a net positive, as increased generic approvals could mean that patients get necessary medications faster and cheaper, and approval for BTDs could provide much-needed relief for those with rare or life-altering illnesses. Unfortunately, this isn’t always the case.

 

Of the many generic drug approvals by the FDA between 2018 and through June 2019, less than two-thirds are not widely available. During that time, brand name manufacturers raised prices by 5%. This is mainly due to legal issues, since brand names hold the patents to their drugs for a set period of time, ensuring exclusivity. This is not necessarily a flaw in the system since that period of exclusivity is what pays for research and development of other medications. The problem arises when expedited approvals lead to missing key risks of a medication. 

 

BTD drugs are arguably more dangerous, as they can be rapidly approved in a significantly shorter time frame than non-BTD medications. This increases the chances of major risks to be overlooked. 

 

Innovation should always be encouraged, and the FDA should do what it can to keep the public safe and healthy, but when goals for faster approvals interfere with due process, people’s lives get risked. 

 

Both manufacturers and the FDA need to be held accountable for the drugs and devices they market and approve that aren’t safe for their consumers.

Filed Under: News

Washington’s New Vaccination Law

November 29, 2019 by Guest Contributor Leave a Comment

Schools in the tri-city area of Washington state are enforcing mandatory vaccinations for students in public and private school districts. A law passed in June 2019 has removed philosophical and personal reasons for MMR vaccination exemptions. Students without proof of vaccinations are being excluded from attending school until they receive the necessary vaccinations.

 

The law was passed after multiple measles outbreaks across the country. Due to its highly contagious nature, the illness needs an incredibly high herd immunity to avoid spreading to the most vulnerable members of the community. 

 

How Many Students Have Been Excluded?

Since schools are required to give families a warning before excluding students, the vast majority of students have complied with the new law. At this point, almost six months after the law passed, fewer than 50 students in the Pasco School District (which serves over 17,000 students) are currently being excluded. Statewide statistics are not yet available.

Who Is Still Exempt?

Students who have religious or medical reasons for being unable to receive vaccinations are still exempt from the MMR shot and will have to fill out an official exemption form. Philosophical and personal exemptions are still acceptable for diphtheria, hep B, Hib, pneumococcal, polio, whooping cough, tetanus, and chickenpox vaccines.

 

Is This an Attack on Civil Liberties and Personal Freedom?

This raises the question of what you consider personal freedom. If you are free to carry illnesses, you are restricting someone else’s freedom to live by risking their health. If they want to exercise their right to live a full life but are unable to get vaccinated due to health reasons, they might have to restrict your right to not get vaccinated for personal reasons. The question is whether we want to live in a society that only protects those who are already able to protect themselves. 

Filed Under: News, Opinion

The Legal Battles of the Atlantic Coast Pipeline

November 27, 2019 by Guest Contributor Leave a Comment

The Atlantic Coast Pipeline (ACP) started its journey in 2014 when it was registered as an LLC formed by four different energy companies spanning three states. The project is for a 600-mile natural gas pipeline to cross West Virginia, Virginia, and North Carolina, and is run by Dominion Energy, Duke Energy, Piedmont Natural Gas, and AGL Resources. Almost six years later and the pipeline is still waiting to be built.

 

It wasn’t until September 2015 that the ACP officially filed an application to the Federal Energy Regulatory Commission (FERC) for authorization to build a pipeline, but it wouldn’t be until 2017 that things would really start to ramp up. As the ACP began applying for legislative approval, Virginia continually denied it’s permit requests, finding evidence of alleged unethical actions resulting in the pipeline crossing protected lands. 

 

The revocation of the permit to cross the Appalachian Trail has halted construction for the foreseeable future, and the appeal of the decision has reached the supreme court. The lower court’s ruling is currently being defended by the Sierra Club and the Southern Environmental Law Center, but the Supreme Court ruling is anything but certain.

 

The ACP has been under fire since its conception. Its risks are largely environmental, from the dangers of oil spills in protected lands to damaging existing conditions in low-income neighborhoods near the proposed pipeline.

 

The Sierra Club and the Southern Environmental Law Center are mainly focused on the impacts on the environment as a whole, citing the plateaued demand for natural gas and a fear of the pipeline is the first step towards large scale exports of natural gas to Europe. 

 

The social-environmental risks of the pipeline get discussed, but they don’t have the environmental lobbying power of the Appalachian Trail. When high-polluting plants get built, they don’t get built-in nice suburban neighborhoods. There are too much wealth and power there to let that happen, so instead, they get moved to lower-income neighborhoods. Air, water, soil, and other environmental pollution increases, lowering life expectancies and real estate values. The residents of these communities, who already didn’t have the power to fight the construction of these plants, find themselves with even less political say.

 

The Atlantic Coast Pipeline is an issue that will undoubtedly remain relevant in the states it’s planning on crossing, as well as the rest of the nation with environmental and social concerns.

Filed Under: News

The Prevalence of Healthcare-Associated Infections (HAIs)

November 26, 2019 by Guest Contributor Leave a Comment

The CDC estimates that every day, 1 out of every 31 US hospital patients contract an HAI, a shocking number considering hospitals’ primary purpose of healing people. HAIs can be caused by improper preparation for surgery, failure to sanitize rooms and equipment, and improper antibiotic courses creating antibiotic-resistant bugs. These infections can be life-threatening, which is why hospitals take cases seriously, but sometimes not seriously enough, leading to cases of medical malpractice and negligence.

 

Goshen Hospital, Indiana

Goshen Hospital in Indiana recently released a report saying that over a thousand patients may have been exposed to HPV, hepatitis C, and hepatitis B due to a failure to properly sanitize surgical equipment. The hospital maintains that the risk was low for the patients that may have been affected and is providing free screenings for all those who have been marked as a potential risk.

 

Seattle Children’s Hospital, Washington State

More recently, and more deadly, the Seattle Children’s Hospital has come under fire after multiple patients died due to mold in the building. Patients were said to be exposed to mold during surgeries, as well as simply in the ward. The hospital shut the ward down multiple times in an attempt to handle the problem over the past decade but failed to fully fix the problem. 

The ward is closed again, with the goal being to replace the air filtration system.

 

Higher Risks Among the Already Sick

Infections are dangerous for everyone but pose a particular risk to those who are already undergoing treatment. An already sick patient often doesn’t have the same level of immune-system strength as a healthy person, and infection symptoms can match those of their existing illness. This can make misdiagnosing an infection even easier for medical professionals.

 

While there is always some risk of infection, risks can be reduced. The current level of HAIs in America begs a question about our healthcare system, and what happens if we can’t trust it to keep us healthy.

Filed Under: News Tagged With: medical malpractice

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Recent Posts

  • How Filing for Chapter 11 Bankruptcy Will Affect the Boy Scouts of America
  • Liabilities of Not Getting a Flu Shot
  • Early Impacts of AB 5 in California
  • When Doctors Have to Offer Untested Procedures
  • FDA Investigating Other Potential Carcinogen Risks
  • Personal Injuries and Winter Driving
  • The Dangers of Expedited Drug Approvals
  • Washington’s New Vaccination Law
  • The Legal Battles of the Atlantic Coast Pipeline
  • The Prevalence of Healthcare-Associated Infections (HAIs)

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