...accidents shouldn't hurt twice...handling car accidents,
motorcycle accidents,truck accidents, slip and fall accidents and dog bite cases
Serving Martinsburg, Eastern Panhandle of WV, MD, and VA

M. Santa Barbara law

The right lawyer, the right results...
accidents shouldn't hurt twice

Internal workings: a blog

Observations by me about life, the law, lawyers, and shiny objects that catch my attention.  Please feel free to disagree with me, to correct me, but always be civil, or I'll delete your ass.

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To Create an IAC or Not?

Posted on September 22, 2015 at 2:45 PM Comments comments (0)

Call me odd, but one of the things I like to do is to go to the West Virginia Supreme Court website, and read through the new opinions.  My particular favorite is a juicy civil case, with an engaging fact pattern, a novel question about the law, and a well reasoned, understandable, and USABLE explanation of the law.  Too often, however, I have to make my way through heaps of WC (Workers' Compensation Appeals), the vast majority of which a...

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Tinkerbell, the pit bull, lives!

Posted on September 21, 2015 at 10:50 AM Comments comments (0)

I haven't written on this blog since the early part of the Summer.  Part of my problem was the lethargy that comes with the warmer months, and another part of my problem was that I seemed to be writing to myself.  I've finally gotten over both the lethargy, and caring whether anyone reads my scribblings or not.  So I began to look at some of the older posts, and found that there were several posts that could probably use some freshening up....

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Revisiting Posts Regarding Delegate Folk, and Delegate Overington, and an Observation on Lawyer Humor

Posted on June 4, 2015 at 11:05 PM Comments comments (0)

This evening, while reading the June 4, 2015 West Virginia Record, I was gratified to come across the article titled "Governor wants Common Core lawsuit dismissed".  There, next to the "oh so stern" image of Delegate Folk was an article written by Kyla Asbury, wherein she describes what must be an excellent motion to dismiss filed by Attorney Benjamin Bailey in response to a "brief" filed by Delegate Folk opposing the Common Core State Standards as b...

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Garry Geffert hits it out of the park!

Posted on May 26, 2015 at 3:35 PM Comments comments (0)

Ordinarily I try to write new content for these blog posts, but today I will happily throw off that constraint.  Today, I am writing in praise of another local attorney, and his letter to the editor that was published in the Monday, May 25, 2015 edition of The Journal.  In his letter, Legislative majority is not worker-friendly, local attorney, Garry Geffert identifies two bills passed by the 2015 legislature which have substantial...

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Amtrak and caps: what does it mean to you?

Posted on May 19, 2015 at 3:50 PM Comments comments (0)

Yesterday, Monday, May 18, 2015, I was reading the local paper, The Journal, when I came across an article entitled:  Amtrak could pay more than $200 million to crash victims. The article was on page A3 and below the fold. In my opinion it should have been on the first page and in huge bold face. That's how important any news article is that serves to educate us about damage caps.

 

What is a damage cap? A cap on damages is a legislative creation that puts an arbit...

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Delegate Overington: Consistently Wrong on Judicial Hellhole

Posted on May 11, 2015 at 4:50 PM Comments comments (1)

"Foolish Consistency is the hobgoblin of little minds..." said Ralph Waldo Emerson.  When I think of Delegate Overington, the Republican delegate representing the 62 District of West Virginia, I often think of Mr. Emerson and his famous discourse on consistency.  Delegate Overington, who is a very nice man, I'm sure, is the longest serving legislator in the West Virginia House of Delegates, having served, I believe, 29 years.  During those ...

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Should Tinkerbell the pit bull live?

Posted on May 4, 2015 at 4:55 PM Comments comments (2)

From the perspective of one who handles dog bite cases, and who also loves dogs, there is an interesting case set for argument before the Supreme Court of Appeals of West Virginia on May 12, 2015.  It is styled as State of West Virginia v. Blatt, No. 14-0757.  In a nutshell, nine year old Nicholas Blake owned a pit bull terrier mix breed dog, who he had named Tinkerbell.  On March 31, 2014, some of the neighborhood children, includin...

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Speaking out of both sides of its mouth

Posted on May 1, 2015 at 3:20 PM Comments comments (0)

Yesterday, April 30, 2015, I read the editorial in The Journal:  Safety First, Additional protection for miners just makes sense.  I was primed to disagree with whatever was written, because The Journal is a corporate apologist, and I am not.  Upon first reading the editorial, which was lauding the Robert C. Byrd Mine Safety and Protection Act of 2015, I was mildly surprised.  The Act itself stands, generally, for the proposition that ...

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Political Grandstanding

Posted on April 28, 2015 at 6:45 PM Comments comments (0)

The other day, Delegate Mike Folk, representing District 63 for West Virginia, made a smallish splash in the world, when he "filed a brief" with the Berkeley County Circuit Court denouncing the constitutionality of Common Core State Standards, or as it is more commonly known, Common Core.  Being a lawyer, I guess I should know what it means to "file a brief", but I'm not really sure what Mr. Folk has done in this instance.  I've heard of filing ...

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Advice from my father

Posted on April 28, 2015 at 2:50 AM Comments comments (0)

This past weekend, I drove down to Hampton to visit my father.  He has, for my 50 plus years, always been embarrassingly proud, and supportive of me, despite there being no reason for either emotional state on many occasions.  Regardless, his unyielding optimism about me was, as always, a restorative tonic, better than a gin and tonic on a 90 plus day.  I asked him to look over my website, and, after grumbling about witchcraft, and other no...

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