Friday, October 22, 2010

Free to be The guy on the street


Have you ever heard the song by Emerson Drive entitled "I've had my moments" of  love in the sun, moments when I was second to none. Anyhow you get the gist. It's about a homeless guy who wasn't always homeless, who was a hero to his family and to his country. There are lots of hero's that don't look like heroes anymore. They fought for this country and they were valiant. They raised families and struggled to do the right thing for the right reason. Maybe, the next time that you see one of these folks you can look at them with the eyes of compassion.
Sometimes my homeless folks smell bad and are very distressing to look at. Sometimes we need to look at the fact that there but for the grace of God go I.
I ran into a gentleman who was rather elderly. He was a veteran of World War II. He was sitting in a bus bench drinking a concoction of vodka and Thunderbird wine. I believe he was 85 years old and somehow over the years Hope had faded. How does it happened that a human being who once had self-respect and dignity can come to this tragic state. How can it be that when we live in the most affluent country in the world have our heroes living on the street. This is someone's father and someone son. This may very well have been someone to be respected and admired at one time. How did this poor soul come to such a sad state of affairs?
Is it possible that I could find myself in such dire straits? Is it possible that you ,my friends, could find yourself in a similar situation? Are we so very different?
Yes we have a job and we have a place to rest our heads at night that is sheltered from the elements. Do we, you and I, need to remember that"there but for the grace of God go I."
The question I asked myself and I ask you is "what can I do? Is there anything that I can do that will make a difference? What can I do to serve those who are less fortunate than I am?

Tuesday, October 12, 2010

Frivolous Lawsuits

Frivolous litigation is defined as the practice of starting or carrying on law suits that have little to no chance of winning. While a lawsuit may be coined frivolous by the judiciary of the United States, "frivolous litigation" is considered to consist of a legal claim or defense presented even though the party or the party's legal counsel had reason to know that the claim or defense was manifestly insufficient or futile, that is to say, had no legal merit and may also lack legal standing.


To deter frivolous law suits and save tax payers dollars along with controlling the waste of courts and other parties‘ time, the United States Court, created Rule 11 of the Federal Rules of Civil Procedure stating that an attorney must perform  due diligence investigation concerning the factual basis for any claim or defense.


If a court feels an attorney has not performed due diligence, the attorney or the attorney's firm can be held in contempt.
  Both could also be fined by the United States Tax Court for up to $25,000. In addition, the losing party must pay the prevailing party for damages.


While the United States judicial system is careful in deeming cases frivolous in order to remain open for all those who seek in good faith the protection of the law, many see such cases as a lottery ticket.

One example of a frivolous case that caused notoriety was in the Pearson vs. Chung. Washington, D.C. Judge Roy Pearson sued a dry cleaning business for $67 million (later lowered to $54 million), for losing his pants (which he brought in for a $10.50 alteration). Pearson believed that a 'Satisfaction Guaranteed' sign in the window of the shop legally entitled him to a refund for the cost of the pants, estimated at $1,000. The $54 million total also included $2 million in "mental distress" and $15,000 which he estimated to be the cost of renting a car every weekend to go to another dry cleaners.


The Chung's legal costs skyrocketed and eventually the Chungs had to sell their dry-cleaning business.


I know I know, it can't possibly happen to me. This kind of stuff only happens to other people that's why I don't need to worry about it. Wait a minute, I have medical insurance just in case I wind up in the hospital or need to see a doctor. I'm more likely to be pseudonym to wind up in the hospital. Maybe I need to look into the possibility that I may at one time or another in the South with an attorney.
If you can agree that this is a good idea then you may want to look at the link that I have posted underneath
.
http://www.ligal-ease.com

Have you ever dreamed that you could fly?

http://vimeo.com/moogaloop.swf?clip_id=1778399&server=vimeo.com&show_title=1&show_byline=1&show_portrait=0&color=&fullscreen=1

You may have to copy and paste this link to your browser but it will be worth it :-)


I am a living example that dreams do come true especially in recovery. I watch the effects of active addiction every day on the street. I see them in the eyes of those that are addicted and are homeless as a result. I see it in the eyes of the children that they have abandoned and neglected and I cry sometimes. I ask myself"what can I do? I'm only one person." My God loves me and he lets me know no uncertain terms that I can do what I can. I can place 1 foot in front of the other and by doing what I know is right I get to fulfill my divine purpose.
I believe that we all need to do what we know is right and when we do that consistently with their heads down on the pillow and sleep the sleep of the innocent. I pray that all of you that read this and be blessed with more of all the good things of this life has to offer and that your dreams will find fulfillment.

Sunday, October 03, 2010

Id Theft Protection or not? LifeLock

(LoanSafe.org) – San Diego-Attorney General Edmund G. Brown Jr. today joined the Federal Trade Commission (FTC) and 34 other attorneys general to announce a settlement against LifeLock, Inc. that prevents the company from “misrepresenting and overstating” the identity theft protection services it offers to consumers.
“LifeLock sold Californians a false sense of security against identity theft with advertisements that were chock full of inflated claims and promises,” Brown said. “Today’s settlement prevents the company from misrepresenting and overstating its services and reimburses LifeLock subscribers who were misled.”
Last year, Brown joined the FTC and numerous attorneys general to jointly investigate LifeLock’s business practices. The investigation followed a number of misleading advertisements from the company that included a testimonial from the CEO in which he gave out his social security number to demonstrate his confidence in LifeLock’s services.
Brown’s complaint contends that LifeLock falsely led customers to believe that they would be protected against all forms of identity theft, reimbursed directly for losses tied to identity theft and telephoned prior to any newcredit being issued under their name. None of these claims were accurate.
LifeLock advertisements also implied that any fraudulently obtainedpersonal information would be removed from criminal websites, when in fact the company only notified consumers when their information had been compromised.
Today’s settlement prevents LifeLock from misrepresenting that its services:
Under the terms of the agreement, LifeLock must also stop overstating the risk of identity theft to consumers. In the past, LifeLock sent direct mailers to individual consumers that featured warnings such as, “You’re receiving this because you may be at risk of identity theft,” without knowledge or facts to substantiate these claims.
A number of the services offered by LifeLock are available free-of-charge to consumers including, placing a fraud alert on a credit record and requesting an annual credit report to review credit history and identify errors and inaccuracies. Both services can be completed by contacting one of the three major credit reporting agencies. Consumers are also best-positioned to monitor their own bank accounts and credit cardstatements for unauthorized withdrawals or charges.
Other states participating in today’s agreement include: Alaska, Arizona, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Missouri, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington and West Virginia.
The complaint and judgment, which will be filed concurrently today in San Diego County Superior Court, are attached.You may view the full account of this posting, including possible attachments, in the News & Alerts section of our website at:http://ag.ca.gov/newsalerts/release.php?id=1869