Texting and Driving, Identity Theft and an OJ Update

Click HERE To Listen: 05-16-12 Paul Samakow

The first story Andy & Paul talked about involved texting and driving.  Well, almost.  As an auto accident attorney, Paul has a special pet-peeve against people who text while driving.  A case now going on in New Jersey, where two people on a motorcycle were hit by an errant teenager texting while driving his car, involves claims against the person who sent the text to the teenager.  The victims both lost their left legs, truly an unnecessary tragedy brought about by a very bad habit many people engage in…  the crux of this case is whether the person who sent the text to the driver knew, or should have known, that the driver was driving… if not, it might be hard to hold the sender responsible.

Next, Andy asked Paul about New York’s highest court recently ruling that watching child pornography was not against the law.  Explaining the ruling, technology is involved.  The NY court found that because some images are captured automatically in temporary files on your computer, this was not “exercising dominion and control” over the image, as it would be if you printed, saved or downloaded the image.  The distinction is probably moot now in NY, because, thankfully, the NY legislature is moving to make watching child porn illegal, however you do it.

The last story they guys talked about involved the curious situation of convicted thief OJ Simpson.  It seems he has found an attorney to try to overturn his conviction from 4 years ago.  Paul wondered why the attorney would take the case, but beyond, offered that the “ineffective assistance of counsel” claim probably is not going to work.

Paul’s tip of the day involved Identity Theft.  To learn how to minimize the potential damage if you are a victim, listen to the clip.

Labels: Identity Theft, free speech, freedom vs. security, in the courtroom, personal injury, privacy, radio show

The Trayvon Martin Case, Supreme Court debate & Online Dating

Click HERE To Listen: Paul Samakow on 03-28-12

Andy and Paul squared off today on Paul’s last comment, at the end of talking about Trayvon Martin.  Trayvon, killed in Florida by a community watch captain, facts still to be determined and grand jury being empaneled on April 10th…  Paul offered that he didn’t like the fact that the community watch captain had a gun, saying Trayvon would still be alive if the watch captain didn’t have a gun.  Andy offered up the self defense argument.  They agreed to disagree.

Next, Paul educated us about the distinction between a Worker’s Compensation claim and a lawsuit against the employer as it relates to the current suits against the National Football League (NFL), the most recent one a class action suit with former Redskin, Mark Rypien as the named Plaintiff.  The lawsuit, now one of about 51 or 52 currently in state courts all over the country, alleges that the NFL knew all of the hits to the head in games and practices would cause permanent neurologic and cognitive problems. Listen to find out why these are not Worker’s Compensation claims.

The final topic discussed today involved the voluntary agreement between Match.com, E-Harmony and Spark Networks (match-making services) and the California Attorney General, to screen and block sexual offenders and those with fake profiles from using the services.  This agreement arose out of horrible case last year when a woman was raped by a man set up through Match.com.

Paul’s tip was to put a family member’s name and telephone number in your cell phone under ICE — In Case of Emergency — so if there is an emergency, first responders or rescue people know who to contact.

Finally, Andy congratulated Paul on his joining the Washington Times Communities (on-line forum) as a columnist.  Search “Paul Samakow” to see the articles he’s written thus far:   http://communities.washingtontimes.com/

Listen to the whole segment.

Labels: free speech, freedom vs. security, gun control, in the courtroom, personal injury, radio show, safety, social networking

Protecting Passwords, A Fatal Shooting & The Supreme Court on Survivor Benefits

Click HERE to Listen:  Paul Samakow on 03-21-12

Today’s talk between Paul and Andy was sizzling.  Andy asked about employers who want prospects’ Facebook usernames and passwords, as a condition of  employment.  Wow!  Paul couldn’t have been more adamant that this was the ultimate invasion of privacy.  He asked if the prospect should just give the employer the keys to the house and allow them into all of the private drawers and such.  Paul’s advice is to be aware of what is on your social media pages and recognize that people are looking.  In today’s world, sometimes your job situation might demand you allow this fishing expedition.

Next, the guys talked about the fatal shooting of 17 year old Trayvon Martin by a Florida “neighborhood watch captain”.  Trayvon was black, the captain, George Zimmerman, is white.  Media attention on this couldn’t be  higher.  Paul explained that a grand jury will most likely be convened to determine if Mr. Zimmerman will stand trial, and that police did nothing wrong in not initially arresting him.  Listen to find out why.

The third conversation focused on the Supreme Court’s coming decision involving whether children whose father died  before they were born, or even conceived, are entitled to survivors benefits under Social Security laws.  Servicemen who are deployed to a war zone are more commonly making deposits into sperm banks, in case they don’t return their widows can still potentially have their children. Should the kids get Social Security benefits if they weren’t born before dad died?  The Supreme Court will tell us.  Paul says they’ll say “no.”

Finally, Paul’s tip of the day involved protecting your assets for reimbursement in the event of a house fire.  Listen to find out what to do!

Labels: free speech, freedom vs. security, gun control, in the courtroom, privacy, radio show

Dangers of Cola, Gun Laws & The Rush Debate

Click HERE To Listen: Paul Samakow on 03-07-12

Andy came right out of the box with questions about cancer warnings involving Pepsi, Coke & Diet Coke.  Paul explained that it was a consumer watchdog group, CSPI, that wrote a letter to the FDA encouraging them to ban caramel coloring in popular soft drinks.  The FDA and an independent group, however, offer there is no reason to believe consumers are in danger.  The risk would involve drinking more than 1000 cans of soda in a day.

Next, Andy inquired about all of the changing gun laws in our region.  Paul described Virginia’s change last week, lifting a 19 year ban on the number of guns that someone can purchase each month.  It used to be one, now, despite pleas from the families of the Virginia Tech massacre to limit, the Governor lifted the ban, and Virginians can buy as many guns as they want, whenever they want.  In Maryland, Paul talked about the change in the concealed weapons law, where a Federal judge ruled that Marylanders no longer have to provide a reason to carry a weapon outside of their homes.  A portion of the law was deemed unconstitutional, in violation of the 2nd Amendment.  Paul quoted a study in New York (a very gun restrictive jurisdiction) finding that only 12% of suicides there come due to guns, where the national average is over 51%.

Finally, Andy told Paul he had to know:  Can Rush Limbaugh be sued?  Rush is still in the news for the highly derogatory, and slanderous remarks he made on air about Sandra Fluke, the law student health activist.  Paul explained that yes, Rush might well soon be on the wrong end of a civil slander lawsuit.

Paul’s legal tip of the day involved the issue of suing:  he offered that because you have the right to do so doesn’t mean you should.  As a side note, after the show, a gentleman listening called Paul and asked Paul’s opinion on a matter where that very issue was challenging him.  Thanks for listening Sir!

Listen to the whole segment!

Labels: free speech, gun control, radio show

Stolen Valor Act, Women’s Reproductive Rights & Phony Apps

Click HERE to Listen:  Paul Samakow on 02-22-12

Andy asked Paul about another 1st Amendment Supreme Court case.  A guy in California lied to a public audience about receiving the Medal of Honor.  This is a violation of the Stolen Valor Act, that prohibits lying about receiving military honors, awards and medals.  The 1st Amendment, of course, protects speech, so the Supreme Court must now decide if this speech is protected.  We hope not!  Our military men and women deserve the distinctions they earn and there should be a penalty for lying about such things.    Andy wanted to know what would happen if he lied about receiving some radio broadcaster’s award… Paul offered that he didn’t know of any law prohibiting such, but that Andy certainly deserved that type of recognition.

Next, Paul and Andy talked about Virginia’s anti-abortion efforts.  Governor McDonnell indicated he wasn’t going to sign a proposed law requiring an invasive sonogram for pregnant women, before they would be allowed to have an abortion.  This is a major change for the Governor, who probably changed his mind because of both political pressure, and political aspirations.  The bill as modified, not now requiring the invasive procedure, passed Virginia’s House late yesterday, after our show, and the Senate sponsor indicated she was going to withdraw it.  Good.  It was a draconian invasion of women’s rights.

Paul”s legal tip involved phony cell phone apps.  Listen for the details!

Labels: Identity Theft, abortion, free speech, radio show