Living in the United States means that most people respect your privacy. Seldom does anyone take much notice of the books we read, the movies or television shows we watch, or even whether we are patrons of the theater or opera.

But all that privacy goes out the window when you become a victim of a crime. If someone is killed in an automobile accident or fire their name is published. The same is true of victims of crime.

Now, after years of cooperating with the media, the National Parks Services is sending a new message regarding the release of names of visitors who die in national parks. When the Salt Lake Tribune filed a Freedom of Information Act request to get the names of people killed in accidents on and around Lake Powell the request was denied with an FOIA official saying that such information might result in "harassment, unofficial questioning or unwanted public attention, thereby causing the living relatives of the decedents a great deal of emotional distress."

Shortly after the denial of the FOIA request, the Parks Service issued a memo telling park officials to withhold some personal information about those involved in motor vehicle accidents. Now government lawyers are looking at the conflicts between information released in the past and these new recommended procedures.

Newspapers are up in arms, including the reasonably conservative daily paper in Colorado Springs, "The Gazette," which editorialized that they would "…come down on the side of releasing as much information as possible." Claiming that "Besides the government’s almost Orwellian concern over ‘unofficial questioning,’ there’s really no reason to deny the public information about what happens in their national parks. As for worries about victims’ lost privacy, when one recreates in public, one accepts that one’s actions are open to public scrutiny."

It is my opinion that The Gazette is dead wrong – visiting a park should not be a matter of public record and victims are entitled to a reasonable degree of privacy.  The Gazette now charges for publishing obituaries  (somehow that my itself just does not seem right) and chasing ambulances in the hope that they can publish the resulting obituary also seems wrong. For The Gazette, in making their point, to question "Are Park Service officials concerned that some enterprising reporter might find something amiss in their handling of tragedies or safety issues?" is both inappropriate and very wrong. This is not a matter of hiding anything – it is a matter of privacy.

What say you?

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

A new study by Dr. Randall S. Stafford, at the Stanford Prevention Research Center, in California states that  "Approximately one out of every five medications prescribed by US physicians are for conditions that the drugs have not been approved for by the FDA…" Moreover, the study also suggests that three quarters of the off-label uses are not backed by any strong scientific evidence regarding safety and efficacy.

The question that everyone should be asking is whether the drug companies are promoting such off label use like they did with a famed diet drug or do the doctors writing the prescriptions simply think they are more knowledgeable than the FDA.

Were I a patient of one of these physicians, I would be worried as to why they are willing to treat someone with untested medication.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

On Monday, June 12, I posted a brief story about a 6-year old boy who allegedly slipped on a wet boardwalk and burned his arms and legs in water from a recently erupted geyser near Old Faithful.

If there were a case it would arise out of the FTCA (Federal Tort Claims Act) if a federal employee was negligent and that employee’s negligence was a direct and proximate cause of the boy’s injuries).

This is a premise liability case, slip and fall, on federal property. The law that would apply however would be Wyoming state law, case law or statutory, applicable to premises liability. The FTCA would be applicable because Yellowstone is a national park (and its employees, who may have been negligent, would be federal employees).

Any good attorney would want to know the answer to this question: What did the boy actually slip on? Was it water from Old Faithful or was it something else, like water from a leaking fountain, which should have been fixed by a federal employee?

Without having knowledge of all the facts in this matter, it is impossible to tell whether there is the potential for liability.

To read more about the basics regarding FTCA claims, see http://www.quintonpetix.com/fedtorac.htm.

FTCA applies in the United States and its territories.  Under FTCA, the United States is liable under circumstances where a private person would be held liable in accordance with the law of the place where the act or omission occurred.

The extent of the United States‘ duty of care under the FTCA is a question determined under State law.  Either a State statute or case precedent can impose duty.

Some further basics of premises liability: At common law, the nature and extent of the duty owed by a landowner to an individual depends on the individual’s status as an invitee, a licensee, or a trespasser.  At common law, a landowner usually owes a higher duty to an individual who is invited onto the land or premises, particularly for business purposes (an invitee), than to one who enters without invitation or permission (a trespasser), or to one who enters with the owner’s permission but for his own purposes (a licensee). 

Generally, a licensee is owed a duty to be warned of known dangers only.  An invitee is owed a duty of reasonable inspection to find hidden dangers.   In general, landowners are not insurers of the safety of those who enter their land or premises with permission; instead, landowners are under a duty of reasonable care to protect them from dangerous conditions. 

Landowner liability turns on whether the landowner had actual or merely constructive knowledge of the dangerous condition; this issue is determined by reference to State law.  Landowners may raise the defense that the condition causing the harm was "open and obvious" to the claimant, who remains under a common law duty to act reasonably and to look out for his own personal safety.  If the facts so indicate, the United States may invoke this defense by using the private person analogy.

To learn much more about Wyoming premises law (likely the law in this matter), see http://www.americanwhitewater.org/resources/repository/Wyoming_Recreational_Use_Statute.htm and if an admission fee was charged, pursuant to 34-19-105, liability would attach as a limit to the landowner’s liability (which in general says there is none). Likewise, if the failure to guard or warn was malicious or willful, liability would attach. In all other instances, under the Wyoming Recreation Use Statute, liability would be barred.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

Researchers have found that 65 percent of companies are currently using software to limit or block all Internet access to their employees, a 27 percent increase since the survey was last conducted, in 2001.

What is surprising is that it is not 100 percent as many companies do not think it extreme to enforce a rule that an employee can not use the company’s computer for personal use.

The reason why the significant increase in employer clampdown?  Legal liability. The courts make do distinction between electronic messages and paper messages and if a company gets involved in a lawsuit it is almost a 100 percent certainty that the e-mail activity of employees will be subpoenaed and their history of Internet surfing could be looked at as well.

Inappropriate Web surfing, such as a worker visiting a pornographic site and positioning the monitor in such a way that other employees can see the images, could be the foundation for a sexual harassment suite.

The survey, conducted by McAfee Inc., a software developer whose products can be used to block Web access, also concluded that men spend an average of 2.3 hours per week at Web sites not related to work while women keep their off-topic surfing to only 1.5 hours per week,

While using company time to surf the Web for personal use is similar to stealing paper, pencils, and stamps from the employer, there are some critics that believe fighter policies restricting access can, in themselves, be demoralizing and a drain on productivity – much like eliminating coffee brakes and a lunch hour.

The truth is that Web has become so addictive that 54 person of men said they would rather give up their morning coffee than lose personal Internet time at work – 47 percent of women agreed.

This post is from Attorney Edward A. ("Ted") Bills who can be reached at 719.444.1000 or at  http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

This post is from Attorney Edward A. ("Ted") Bills who can be reached at 719.444.1000 or at  http://www.SpringsAttorney.com.

Park rangers in Yellowstone National Park, Wyoming reported that a 6-year-old boy slipped on a wet boardwalk and burned his arms and legs in water from a recently erupted geyser near Old Faithful.

The boy, who is a resident of the state of Utah, was flown to the burn center at the University of Utah Hospital in Salt Lake City.

His condition was not revealed.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

In a unanimous opinion authored by Justice Clarence Thomas, the U.S. Supreme Court created new hurdles for patent holders seeking to enjoin their competition when they said that patent holders must be treated the same way as every other plaintiff seeking injunctive relief.

Until this ruling, patent attorneys had never had to put in evidence to supoort a request for an injunction it was just assumed that a request for an injunction would be automatically issued.

Now, instead of automatically issuing an injunction, trial courts are going to need to apply the traditional four-factor test used by court of equity.

More importantly, in order to seek an injunction, the complaining party is really going to have to focus on what evidence they are going to put in to demonstrate why they are entitled to an injuction.

On the other-hand, some see the decision as positive for the patent community because it gives trial judges the power to reign in the bad patents and push the good patents.

If you hold a patent, it would be wise to discuss your circumstances with a patent Attorney sooner rather than later.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

With as many of the 10 percent of the 250 million wage reports received by the Social Security Administration each year having names and Social Security number mismatches, the problem is a nightmare for both the Social Security Administration and employers alike.

Many of the mismatch problems are a result of name changes (e.g., using a married name and forgetting to change your name with the SSA), typos, and other paperwork mistakes. Yet such mismatch problems can often be a sign that the employee is illegal or otherwise unauthorized to work.

When one employer has an error frequency higher than normal, it can be a sign that the employer may be hiring ‘non-documented workers’ intentionally.

Under current rules, if an employer receives a "no-match" letter from the Social Security Administration indicating that the name and Social Security number of an existing or proposed employee do not match, the employer does not suffer a penalty for ignoring the letter.

Under the proposed new rules, employers would have 14 days after receiving a ‘no-match’ letter to work with the government and the employee to resolve the discrepancy. Then, if the problem is not resolved within 60 days, the business would face a choice, either fire the worker or run the risk of government action.

Under the currently rules, employers need to fill out and retain I-9 forms from employees using a paper-based system and under the proposed new rules, such records could be completed and stored electronically.

The proposed regulations by the Department of Homeland Security outline the steps a business should take if notified by the Social Security Administration that a current or prospective employee’s name and Social Security number do not match their records.

Then, if the employer follows the rules that employer would be granted a "safe harbor" and spared prosecution if it was later determined they had hired an illegal.

These new rules, in the opinion of Homeland Security officials, would help Homeland Security to identify and prosecuting employers who are blatantly abusing the system.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

Bausch & Lomb’s Renu with Moisture Loc contract lends solution has resulted in some painful eye fungus that can permanently scar corneas.

As a result of such damage, some individuals have lost significant portions of their vision and now need a corneal transplant.

Suing Bausch & Lomb, alleging that the company’s solution failed to remove the fungus or caused the fungus that contaminated lenses that lead to a fungal infection in the eye, has been happening across the nation.

Several legal experts predict that Bausch & Lomb will move quickly to settle since, from some of their own press releases, they’re essentially admitting liability, so it just becomes a matter of "damages."

While Bausch & Lomb, based in Rochester, NY, has not commented on pending litigation, they have noted that they notified the Food and Drug Administration "within days" of receiving a report in February of an unusual spike of fusarium keratitis cases among contact lends wearers in Singapore and filed a formal report with the FDA on April 7, suspended shipments of the product to U.S. retailers on April 10 when the Centers for Disease Control revealed an unusual incidence of fungal infections in its users.

Still, Bausch & Lomb did not remover the product from the U.S. market until April 13.

Since Federal investigators have found no evidence of tampering at the company’s production plant in Greenville, S.C., it appears logical to conclude that some aspect of the product’s formula may have increased the relative risk.

As of May 18 there were 130 confirmed cases of fusarium keratitis- a fungal infection of the cornea – reported to the CDC and most of those confirmed the use of Bausch & Lomb’s Renu.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.

It is not likely that there is a lawyer on this planet that has not heard about the value of "blogging" as a marketing tool.

Likewise, they have been told, or have read in a trade journal, that having a blog – or "blawg" as the legal industry likes to call them, is a great way to get their name our and attract potential clients.

What is not fully understood is the simple fact that blogs have also become an important source of specialized legal information.  Not only should the savvy and up-to-the-minute attorney understand good detailed legal research (Lexis-Nexus, Sheppardizing, etc.) but understand good use of the blogosphere – particularly when one is in need of fresh ideas on how to help an important local client with a son who just got a DUI in another state.

What could be easier than writing a few words and then having hundreds of visitors every day read those words and be impressed?

Well, finding the time to write "…a few words…" is just not as easy as it sounds. First there is the matter of court, then talking with clients, opposing counsel, insurance representatives, and all that Lexis-Nexus stuff. When or where is the lawyer going to find time to write "…a few words?"

Wait a minute, isn’t this the era of "outsourcing?"  But how does an attorney outsource the research and draft writing of an article on something as legally confusing as "Contact Lens Litigation?"

Ask anyone, research and draft writing takes time, especially if it is done correctly, but it is not anymore essential to have a J.D. degree to research and draft write an article on "Contact Lens Litigation" than it is necessary for someone to have an M.D. degree to research and draft write an article on "Problems within the Contact Lens field."

In the beginning, a blog was simply a place where individuals just mussed about life in general or how the O.J. Simpson trial affected their legal practice. Today, however, the blogosphere is a place where more and more lawyers are commenting on developments in the law.  Frankly, a lot of them do a good job of keeping other lawyers and the public informed while providing editorial comments at the same time.

Every lawyer and law student understands ‘pocket parts’ and ‘advance sheets,’ yet only a few really savvy lawyers understand that waiting 2 to 4 weeks for ‘pocket parts’ and ‘advance sheets’ is foolish when the same information can be found quickly and easily on a legal blog.

While most truly successful blogs have been operated by law professors; individual blogs by attorneys are starting to give the professors a run for their money.

As any lawyer knows, what one learned in academia can be significantly different when applied to the practical world.

While this post was reviewed and approved by Attorney Edward A. ("Ted") Bills who can be reached at 719.444.1000 or at http://www.SpringsAttorney.com, the initial research and draft writing was, in fact, outsourced to Dr. Jerry Bills, the Editing Professional.

About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.