Recently our local paper published an article about two high school students in Palm Beach County who posted a racially-charged video on YouTube. While the school board struggles to figure out how to address the problem, the parents of the two teenage girls have hired a prominent criminal defense attorney. Oddly, the girls have not come out publicly and apologized or even attempted to explain their behavior. This is not an isolated incident by any means.

In Gainesville, FL a few weeks ago, two girls published a similar video on YouTube. I find this to be sad and frustrating at the same time. Our country has moved into the 21st century, and issues of racism, bigotry and prejudice should be behind us by now. In these instances, I blame the parents. Bigotry and racism are learned behaviors. Children learn most from the actions and words of their parents. While some may say it’s peer pressure and influence from outside forces that form these views, if the parents instill a strong moral compass in the child, outside influences can be denied.

I grew up in Detroit, Michigan, one of the most ethnically diverse cities in our country. My parents raised my brother and me in a way that we were colorblind and religiously tolerant. I cannot say the same for some of my acquaintances since we grew up in the era of the civil rights movement and social unrest. However, my bigoted acquaintances also had bigoted parents. As they say, the apple does not fall too far from the tree. We've come so far as the country in so many different respects it is a shame that we can't get past the base emotions of prejudice and bigotry. I am raising my children the same way I was raised, by being tolerant of others and by judging a person by the content of their character and nothing else. I wish the rest of us would do the same.

BP ruined a small part of the entire Earth – Maybe not a lot but certainly a little. The Gulf Oil Spill was a debacle of unimaginable proportion. Because we don’t see it or feel it, we tend to ignore it. Because the news doesn’t play up all the scientific evidence we forget the extent of the assault on the environment. But that does not mean we are safe from their poison. We are all, at least those of us who like seafood, going to eat a little bit of BP oil for the rest of our lives. Children born today will die of cancer from their polluting the Earth. This is simply the cost of oil on our society.

But bringing this tragedy to justice will be impossible if the courts are manipulated to seal and destroy important evidence. Capitalism is our best bet to repair the economy – not only our economy but the world economy. I am a fiscal conservative and almost libertarian in my republican political leaning. But that does not include the right’s desire to stem personal injury litigation.

We republicans should not support the politicizing of the judiciary. The only way capitalism works is when we have a strong judicial branch and a rule of law that protects the “small people” (to use the BP President’s description of Americans).

Recently a New Orleans newspaper, the Times-Picayune (1/31) reported that BP is using the legal strategy of striking and covering up evidence to manipulate the upcoming trial. BP continues to file a stream of motions to cover up the facts of the case. The information they want to exclude is right on point with why they are liable for the damages they caused. Things like prior criminal problems with federal regulators, past failings in the areas of safety, including deadly explosions as far back as 1995 are asked to be excluded. We need the judge to be strong in forcing BP to prove the legal standard for excluding that evidence, which is that the evidence will cause serious competitive harm to the company.

BP is a multibillion dollar a day enterprise! They caused the worst oil tragedy in the history of the planet. Yet, they suffered only a minor setback in their sales and oil production worldwide. We still fill up at BP! The world still uses BP products. There is almost nothing “we” will do to hurt BP - even if we have an actual “fair trial,” and the jury fully punishes BP with huge damages.

Imaging the hundreds of millions (if not billions) of dollars that were spent by the tobacco industry to settle cigarette cases. Recognize the fact that tobacco is still in business, and their CEOs are still making millions of dollars in salary to run those companies. They paid gigantic sums, almost unthinkable sums, and they are fine. Now imagine that all that cigarette settlement money is play money when compared to the oil industry. No award will be big enough to hurt BP because the normal juror simply has not frame of reference to think up sums of money that can actually harm the company! We just can’t imagine a number that high given our relative daily lives. So, let the evidence come in, and let the jury hit BP as hard as possible. My bet is that BP will cry out loud, but behind our backs they will be smiling because they will pay that sum out of their petty cash fund. Then let’s see if at the end of this year, the Times-Picayune runs a story that says BP oil execs 2012 bonuses are as big as the verdict.

While watching the Today Show last week, I saw an expose on just how easy it is to buy firearms online. This included both legal and illegal firearms, and assault rifles. I was appalled at how easy this can be. When purchasing a gun from a licensed dealer, Florida law requires certain background checks and mandatory waiting periods. However, that’s not the case when it comes to buying guns online. This loophole in the law needs to be closed. The Today Show report demonstrated just how easy it is to go online, set up a meeting with someone selling guns and to go buy them. It doesn’t take a rocket scientist to know that guns are dangerous and should be kept out of the hands of criminals. There is a reason Florida law requires a background check and a specific waiting period – to help keep firearms out of the hands of criminals. There is no such regulation when it comes to buying firearms online, though. There is current legislation going on that would close this loophole and require background checks for online gun sales as well. However, with the National Rifle Association (NRA) against almost any regulation that involves firearms, this new bill has been tied up in committee for almost a year. It’s time the NRA back off. They must realize the purpose of closing the loophole is for the greater good, to help keep criminals from getting their hands on firearms, both legal and illegal.

In a landmark settlement for ADA defense, a South Florida entertainment complex recently settled an ADA lawsuit filed by a visually disabled plaintiff. Of interest in this case, Joseph Robert Fields, Esq. of LaBovick Law Group applied rarely-used Florida laws as the basis for claiming monetary damages. The complex agreed to significant changes regarding how visually-disabled customers are accommodated, how services rendered at the complex are provided to disabled customers, and agreed to modify their employee training and education system. In addition to paying damages to the visually disabled plaintiff, the defendant also paid significant attorneys fees and costs. LaBovick Law Group is one of the only law firms in the nation using state ADA law to recoup monetary damages for disabled plaintiffs. Persons with disabilities who would like a free consultation regarding discriminatory conditions or practices of businesses or property owners can contact attorney Joseph R. Fields.

It's no secret that South Florida has gained a reputation for being the "Pill Mill" capital of the country. Largely in part due to the efforts of Jeff and Chris George. The two twin brothers first broke into the business when their illegal steroid business got busted. They decided it was more profitable to feed the habit of junkies while enlisting the services of greedy low rent doctors to write the prescriptions. The brothers George were brazen, cocky, arrogant and in your face. Sadly, a young man died as a result of an overdose of drugs written and filled at a George clinic. This is where it all started to unravel. The boldest of the brothers, Jeff George, was the first to turn on the rest. He sold out his entire family to save his own skin. Then Jeff George went down. He kept quiet, but begged for mercy for his wife and mother who also had become involved in the criminal enterprise. In the end, the entire family, save the father, went to prison. The brothers George went down as sniveling cowards after causing so much pain, yet they had no remorse for what they had done. Once again, justice prevails.

I have been following the case of the Jupiter, Fla. mangrove cutting case with great interest. As a recap, a couple from up north, the Byrds, purchased a riverfront property on the Loxahatchee. They are obviously people of means and presumably intelligent. When they move in, they decide to obliterate 109 mangrove trees from the shore line. These trees are an essential part of our ecosystem. They prevent erosion and provide a shelter and breeding ground for our local fisheries. Cutting down or trimming mangroves is not illegal as long as the landowner obtains the proper permits and hires an approved arborist. The Byrds did neither. Instead, they hire a stealth outfit that comes in the middle of the night and hacks the mangroves out. Then they have the temerity to claim they didn’t know better. Nobody is buying that BS. Neither did the magistrate who wacked them for more than a million in fines. The Byrds cry foul – it’s too much! Nonsense, they willingly destroyed a shore line that will take several generations to replace. Now they are being charged with two misdemeanors for their gall. Good. Maybe a taste of jail or probation will tell them that their money is no good here and can’t buy them a free pass to do whatever. Maybe that works up north but not here. Too bad tar and feathering is not available.

One question I often hear from medical providers who accept assignments of benefits from an insured is “What do I do when my patient provided me with incorrect insurance information regarding his personal injury protection insurance, and now the insurance company is refusing to issue any payment for services I rendered because I didn’t submit the bills within the time frame set forth in the Florida No-Fault Statute?”

One important change brought about by amendments to Florida’s No-Fault Statute was an exception to the billing time limits contained in F.S. 627.736(5) allowing providers who are furnished incorrect insurance information by a patient to re-bill the correct insurer upon discovery of the proper insurance information. Prior to the amendment, a provider who was furnished with incorrect insurance information from his patient was precluded from being reimbursed for services rendered by personal injury protection if the bill was not submitted within the 30 day time frame. There was no exception to this time frame regardless of whether there were “reasonable” delays caused by the patient or any third party.

The No-Fault Statute currently allows providers who have suffered from this scenario a second chance. All that is required is proof demonstrating that the provider reasonably relied on erroneous information from the insured and either: (1) a denial letter from the incorrect insurer; or (2) proof of mailing reflecting timely mailing to the incorrect address or insurer.

Don’t let the insurance carriers rob you from money rightfully owed to you due to delays caused by incorrect insurance information or misrepresentation by your patient!

Permanent alimony appears to be on its way out if the male-dominated Florida legislature gets its way this session. A growing alimony reform movement has found its voice within Florida's House of Representatives to significantly alter how alimony claims are decided. The concept of permanent alimony may be altered to the point of such awards no longer being possible. Severe restrictions are being proposed on the ability of judges to exercise discretion in how such awards are provided. Most divorce in Florida cases present situations that are unique to the litigants. Judges need the ability to tailor each decision to the uniqueness of each case. There are even restrictions on the award of attorneys’ fees. Wealthy spouses who want to divorce can now try to severely restrict temporary attorneys’ fee awards to the other side. Historically, judges have the power to make things equal on a temporary basis so that the less fortunate spouse can hire an attorney with the same skills and abilities as the wealthy spouse’s lawyer.

Given most judges now have caseloads in excess of 1,500 cases, language requiring bifurcation (multiple trials) if a matter is not resolved within 180 days seems almost comical given the same legislature has failed to properly fund the court system. In Palm Beach County, Florida alone, there are 8 circuit court judge positions that cannot be filled because the legislature has refused to fund the positions. If this movement is successful, the same judges that are overloaded to the point of cases taking years to finish will now have to bifurcate a divorce, which will then require multiple hearings and cause even more delay.

The full language of this bill can be located on the Internet. I would urge you to contact your legislator and express your dissatisfaction with this movement. Persons with questions regarding their alimony in Florida needs or obligations can call LaBovick Law Group for a free consultation.

John Goodman has done the unthinkable. He has adopted his girlfriend to protect his assets from a wrongful death lawsuit. He drove a car drunk and killed an innocent son of a mother and father. He is rich beyond belief. He will probably go to prison for a very long time, but he seems intent on punishing the victim’s survivors even more by depriving them of compensation and rubbing their face in more grief. He wants them to suffer through the facts in the criminal case and then again in the civil case. What kind of a person does this? I have to believe there is a special place in hell for a person like this. And maybe it has started now for him with his latest stunt. How does he deal with his daughter/girlfriend? Maybe she runs off with all the money when he goes to prison. Karma is a bitch.

The first question you must ask yourself is if either your brother or sister had a Power of Attorney for your mother when she was alive. If yes, then you have to ask yourself whether you suspect any fraudulent behavior on behalf of your sister or brother when they had that Power of Attorney. If Yes to both previous questions, you must find out whether there were any beneficiary changes to the life insurance policy when your mother was alive. If all of the above questions were answered in the affirmative, then there is a good chance that further investigation is required to determine if all of the previous affirmative answers are a mere coincidence or if one of your siblings has committed fraud.

With the economy still slumping and many people still without a job, family members are resorting to stealing from themselves to put food on the table. If you suspect that you were entitled to life insurance proceeds and were told you would be by your deceased mother or father but are now being told that your parents removed your name as a beneficiary prior to their death for no apparent reason and never told you they were doing this, there is a good chance there are fraudulent circumstances that need to be investigated by life insurance lawyers.

If you need legal advice, feel free to contact LaBovick Law Group for a free consultation.