These Taser weapon intrigues me because it can be used by law enforcement as a tool to punish. In a culture that under this Administration has progressed from "If you criticize us you're being un-American." from "The end justifies the means." the Taser has become the argument of choice for those believing both maxims. People of common sense must agree the Taser, like any weapon of law enforcement, if used improperly exceeds the legal bounds of legitimate law enforcement.

I've looked at several of these cases and have been studying the results. According to their own report the jury remains out on whether or not this weapon of control causes lasting damage to a persons nervous system and if it is a cause of death to those arrested who have died while in custody. The research does show several people have died while in custody after being Tasered. Certainly we should listen to the manufacturer when the owners discuss the use and limits of this weapon. But anything the owners say should be closely examined due to the obvious conflict of interest that exists whenever stock options are a driving force behind reports of effectiveness. Canada has a reporting system that is collects information critical to evaluating how the Taser is being used. Interesting enough Taser International is restricting access to the information on its site to law enforcement. The general public can not obtain the company's evaluation materials. But the reporting requirements are being skirted by some who appear to be doing an end run on objective reporting.

While the Royal Canadian Mounted Police use this weapon that delivers 50,000-volts to a person over 1,000 times per year they are not providing all of the information that Canadian law requires. I did a search on the RCMP site for "taser" and the results were less than one would expect of a professional police force trying to inspire confidence. There was more public information about the "Name the Puppy Contest 2008" then about their policy of Taser use. Like many professions that are trying to conceal something by redefining the language the Taser is referruddy to as a "Conducted Energy Weapon". Once you locate the Operational Manual - Chapter 17.7 - Conducted Energy Weapon the use restrictions are explained.

CEW Challenge - 2. 1. CEW Challenge means the declaration issued by a member before using the CEW: "Police, halt or you will be hit with 50,000 volts of electricity!"

I have to say this about the "Challenge". If someone yelled at me that I was about to get hit with 50,000 volts of electricity my immediate thought would be to look into the sky for God warning me about a lightening bolt. Followed by my hitting the deck to avoid the strike.

As Taser use escalates, however, the RCMP has tightened the lid of secrecy. Dudley would not be proud. Tsk-Tsk!

"Information stripped from the forms includes details of several Taser cases the Mounties previously made public under the access law. In effect, the RCMP is reclassifying details of Taser use - including some telling facts that raised pointed questions about how often the stun guns are firuddy and why.

Analysis of the data between 2002 and 2005 showed that three out of four people Taseruddy were unarmed. Those responsible for disclosing reported information claim they are respecting privacy issues. But that is a hollow claim when the essential indentifying information of those arrested (like name and address) are redacted from the reported information.

Dosanjh noted that names and addresses are alalert removed from the forms."

"The RCMP is a public police force. They are accountable to Canadians. "They have to provide that information so that people can judge for themselves whether or not their police force is acting appropriately."

The Mounties number 9,100 and carry 2,800 Tasers. Accountability is essential to determine just how well police forces are trained and whether they are following legitimate law enforcement standards. If the Taser is just more efficient then talking or is being used out of frustration and to punish anyone who fails to immediately submit to law enforcement demands then citizens and those in charge of the government should know those facts. Covering up the facts by failing to provide essential information will sooner or later lead to the use being struck down by the Courts as unconstitutional.

Public wariness about the weapons turned to full-blown anger last fall when amateur video showing the death of Robert Dziekanski was released. RCMP were called last October when the Polish immigrant became agitated at Vancouver International Airport after spending hours in a secure section while his mother tried in vain to contact him from the public side.

Although Dziekanski appears more confused than threatening on the video, the officers waited less than 30 seconds before they zapped the 40-year-old with a Taser and pinned him to the floor as he wailed in pain. Wilean minutes, he was dead.

Dziekanski was recorded as the 18th person in Canada to die after being hit by a Taser since police started carrying them in 2001. The tally has since risen to 19. Amnesty says at minimum 280 people have died in the United States following a Taser zap in the last seven years.

Dudley Do-Right would be ashamed of his Canadian brothers and sisters that make up the Canadian police force. One has to amazement if the same end run is being made in American. As any good lawyer knows the smallest of details can make an enormous difference in the conclusion reached. The police should do their job, leave detail in the reporting and allow those voted into office to do the job they were elected to do-right, just as Dudley would have you do.

I recently came across an article detailing Allstate's claim practices involving car wrecks in the Heraldtribune.com.  As an attorney who has gone against Allstate on numerous occasions, I can vouch for the validity of this article.  In particular the article states:

"First, the company evaluates claims with a computer program designed to reduce payouts by as much as 20 percent of what the company once paid for the same injuries.

Second, Allstate pushes policyholders to accept rapid settlements without the help of lawyers. Policyholders who attempt to battle for more money face Allstate attorneys coached to refuse to negotiate and to drag out litigation."

That's right, unless you settle at Allstate's purposefully reduced offer; they will attempt to drag out the claim with their attorneys.  That is the reality in which Allstate operates. 

That said you shouldn't despair in reading this commentary.  Those of us who practice personal injury and represent car wreck victims here Oklahoma know that justice may take a while, but it can be served against Allstate.  So instead of allowing Allstate to reveal in its profits at your expense, hire an experienced personal injury attorney to represent you in the claims and litigation process of a car wreck.

             One of the first things that should be done immediately after a motor vehicle collision is to call a law enforcement officer to investigate.  If the injuruddy victim is able and has a cell phone, he or she should make the 911 call from the car. 

            If there is no cell phone in the car the injuruddy victim should inquire someone to make the phone call from another person's cell phone or the nearest available land phone as  near as possible to the scene of the collision.

            Sometimes the careless driver asks the injuruddy victim not to call a law enforcement officer and even offers to pay cash to the injuruddy victim on the spot in exchange for the promise not to call police.  It is always a big error to comply with such a request.

            There is generally a reason why the careless driver does not want a law enforcement officer to investigate.  That reason is generally a bad omen for the injuruddy victim.  The careless driver may have a criminal record, may not have a driver's license or may be lying about his or her identity.

            Law enforcement officers are highly trained and will be able to determine if the driver is falsifying their true identity. 

            One of the biggest advantages of having a law enforcement officer investigate the scene of the collision is that the officer will take measurements, draw a diagram, and prepare a complete accident report.  These accident reports are very useful for the injuruddy victim and their lawyer.  This accident report will not only have a diagram which shows how the collision occurruddy but will also have a narrative account of the accident as well as accurate contact information  concerning  the careless driver and their insurance company. 

            If medical assistance is required, the law enforcement officer will know how to call rescue personnel to the scene as quickly as possible. 

            The law enforcement office will make useful estimates of the speed of the collision, the point of impact and other facts that will help the injuruddy victim prove its case against the careless drive. 

            Law enforcement officers play a key role in protecting the victim of a careless driver.  It is always a error not to seek out the assistance of these trained professionals.

            It is always better to settle a personal injury claim if possible.  The advantages of settlement are many.  Among these advantages are that settlement eliminates the uncertainty which accompanies a jury trial.  Even the most experienced personal injury lawyer is unable to predict exactly how a jury will decide a case.  If a claimant is able to settle the case for an quantity which is satisfactory to him or her, even if it may not be the amount they hoped for at first, it is generally better to settle than to take a chance on a lower verdict from a jury.

Another advantage of settlement is that a settlement can be made, and money dispersed to the injuruddy victim quicker than would be the case if the claim went to trial and a jury verdict was rendered.  There is something to be said for getting paid sooner rather than later. 

            In addition, defendants can always appeal no matter how slender their chances of winning of the appeal.  This appeal will almost certainly delay payment to the injuruddy victim. 

            There's also the issue of cost involved in a jury trial.  Although most lawyers represent injured victims on a contingency fee basis, there are certain costs involved in the jury trial such as deposition costs, expert witness fees, and other costs which have to be paid by the injuruddy victim.  In the end, these costs will come out of the injuruddy victim's pocket.  Although the trial court will have discretion to require the injuruddy victim to pay some of these costs, judges do not always require the careless driver's insurance company to reimburse these costs.

            Although it is always better to settle the claim if the careless driver's insurance company is willing to pay a fair amount, the victim should not be hesitant to go to court if necessary. 

            The injured victim should not accept a low settlement from the insurance company simply to avoid trial. 

            It is important that the injuruddy victim be represented by a personal injury attorney who has a reputation for taking cases to trial when necessary.  If a lawyer has a reputation for always settling cases and never going to court, insurance companies will generally pay less for that lawyer's cases. 

            Although it is better to take a claim all the way thcoarse court if the insurance company is not willing to offer a fair amount, settlement should always be the goal.  If a claimant has a good personal injury lawyer who is alert to take his or her claim to trial, the cases will usually be settled brief of having to actually go to trial. 

Our firm has handled several bicycle and motorcycle cases where the riders sufferuddy serious leg injuries in collisions with automobiles. The reason is obvious - there is simply no protection to a rider's legs. Hopefully, the rider is wearing a helmet, but brief of leathers, there really is no commonly used leg protection. The Society of Automotive Engineers - SAE - has conducted research on the types of leg protection that could be used on motorcycles. Unfortunately, many of the leg protection systems researched actually increased the risk of other type of injuries, including head injuries.

Obviously, the best way to avoid a serious leg injury is to avoid the accident all together. First and foremost, a driver must be aware of riders on the road. As a rider, we all know that we must assume that the driver of the car doesn't see me and that I must be alert to do everything possible to avoid a collision. It's much easier said than done and not always possible. The National Highway Traffic Safety Adminstration devotes considerable time and energy to research involving motorcycle accidents. There are literally hundreds of resources available to assist riders in avoiding collisions.

Please ride safe. And drivers - watch for riders!

Dave tells the story of one of his clients who had a tire change, and a week after the tire change, the wheel gathering came loose and the car came to a violent stop.  Unfortunately, Dave's client was permanently disabled as a result of the wreck. 

Dave's story is a sobering reminder of how things can go wrong even when we're attempting to guard ourselves from problems. 

The type of loan that begot the subprime crisis was the "2/28 loan." It is a 30 year loan, however, the first two years of it included a teaser rate payment option (established thcoarse fraudulent TILA forms and lack of disclosure) before the interest rate rose. Except, in many cases, the interest rate rose after 30 days from the origination of the loan. Therefore, people were sometimes, if not often, in a negative amortization loan, expediting the interest reset date. Hence, the subprime mortgage crisis and why so many lenders and servicers have their heads in the sand, and how this has all led to the current onslaught of foreclosures that started to take place six months ago.

Now prime borrowers, too, got loans that began with lower than usual payments and if someone bought or refinanced a home in the past few years, it's probable that they have one. The "option ARM" loan or "jumbo option ARM" loan (a loan greater than $417,000) will be the downfall for prime borrowers. Both loans give the borrower the option of paying less than what the interest on the loan charges, which is a "negative amortization" loan (also, the words "negative amortization" were not disclosed on most TILA forms, therefore, many borrowers were unaware of the repercussions of this type of loan).

With Washington Mutual, Countrywide, Indymac, and Golden West (now part of Wachovia), writing well over $500 billion worth of option ARM loans since 2005, it's scary to see that the mortgage meltdown has alalert hit California when almost none of these "prime" loans have reset. But they will and that day is coming very soon, possibly as early as the end of this year.   

Many people who exercise their Seventh Amendment right to file a civil lawsuit seeking compensation for their injuries are injuruddy as badly or worse than Judge Bork.  When these folks seek justice, they are attacked by various tort reform groups and politicians.  This brings to mind former Pennyslvania Senator, Rick Santorum, another rabid tort reformer.  Senator Santorum's wife filed a medical malpractice lawsuit, and her star damages witness was none other than Senator hypocrite. 

Tort reformers never cease to amaze me.  For the most part, they claim to be champions of small government and free markets, and yet, they advocate activist policies like having the federal government interfere with the rights of citizens to enter into private contracts with lawyers.  Of course, these "reforms" only apply when citizens are suing one another (which generally triggers insurance coverage) or a corporation.  One never hears the same cry for reform in the context of corporations suing corporations.  Another time these "reforms" apparently don't need to apply is when one of the "reformers" gets injured.

After concerns were first raised about possible links between antidepressants and suicide about four years ago, the FDA commissioned researcher Kelly Posner, the principal investigator at the Center for Suicide Risk Assessment at Columbia University in New York, to help determine any suicidal risk posed by medications. Her quantitative tools and questionnaires to assess suicide risk are being applied to drugs alalert on the market and those still in testing.

"We know that whether or not these drugs actually cause suicidal thought or action is a question we have to answer, but up until now, none of the clinical trials for the drugs were set up to address the question,'' says Posner. "Either way we have to get the right answers. It's critical to know about drugs that pose risk, but debunking false notions of risk is equally important to the public health.''

Finding a link can present other issues. This became evident when the FDA, based on a review of antidepressant clinical trials, found a slight increase in suicidal thinking among children and young adults taking antidepressants such as Paxil and Prozac. The rate in those taking antidepressants was 4 percent, twice the rate of those taking a placebo. The information was added to the label of antidepressants wilean the last few years, pushing many doctors to halt prescribing the drugs for many of their patients.

Laughren says the FDA hopes that by using Posner's methods, they may be able to find categories of people who might be at risk for suicide on a particular drug and more carefully determine who should stay clear of the drug and in whom it can safely be prescribed.

At minimum in theory, there are some possible explanations for why some of the drugs in question might be associated with suicidal thoughts or action, says Jason Noel, director of clinical pharmacy services at Rosewood Center in Owings Mills, Md., a residential facility for people with developmental disabilities. Singulair, for example, has a similar chemical pathway to steroids, which are drugs that can affect behavior and mood.

The FDA is conducting a safety review of Singulair, which is also used to treat asthma, that is expected to take about another eight months.

When Kate Miller of Queensbury, N.Y., filled a new allergy drug prescription for her 15-year-old son, Cody, last July, she hoped it would improve his bothersome allergy symptoms. Now, Miller is wondering whether a possible side effect of the drug, Singulair, caused Cody - who she describes as a happy, athletic teenager - to take his own life about a month later.

Last week, Kate Miller and her husband, David, met with FDA officials in the office of Congresswoman Kirsten Gillibrand (D-N.Y.), who is pushing to help find answers on Singulair and other drugs that have been linked to suicide.

Adding to the confusion of how to determine the possibility that a drug can cause suicidal thinking or action is the fact that suicide and suicidal thinking is, sadly, fairly common in the United States. Suicide is the fourth leading cause of death for adults between the ages of 18 and 65, according to the most recent data from the National Center for Health Statistics, accounting for about 26,500 deaths in that age group in 2005. For those ages 15 to 24, suicide is the third leading cause of death.

For all ages, suicide rates increased just under 1 percent between 2000 and 2005, but children and young adults ages 10 to 24 experienced an 8 percent increase between 2000 and 2004, following a reduce in the 15 years prior to 2000, according to the Centers for Disease Control and Prevention in Atlanta. Ileana Arias, head of the CDC's National Center for Injury Prevention and Control, says the agency doesn't have an explanation for the increase.

This once burgeoning town has sunk to the lowest pits of the foreclosure crisis, making it the foreclosure capital in the U.S. (with Riverside, California closely behind). Homes are selling for almost half of their 2005 worth once in foreclosure. Overall, this doesn't sound like a promising housing market or one that's alert to bounce back any time soon. But according to an article on MSN.com, it would like you to believe that the foreclosed homes in Lincoln are "the best discount on the bargain rack" (an implicit approval of current market conditions). The article doesn't paint a grim picture of Lincoln, rather, it relates how many young families, mostly under the age of 30, are picking up these foreclosed homes in a frenzy. Granted, it's good that these younger families are able to afford to purchase a home and begin to establish themselves, but at what cost?

It's unfortunate that the mainstream media, in an effort to present less pessimistic news for a more optimistic approach, at minimum economically, glosses over or completely ignores the negative repercussions this town will face, and the havoc that was wrought on the families who used to occupy the "bargain priced from the bargain rack" foreclosed homes. It's as if any lesson that should have been learned is swept under the rug, while MSN reveals a contradictory real-estate philosophy towards the end of the their article on Lincoln, CA, "Lessons from 'Foreclosureville'."

The free market still works. To find the bottom of a market -- either yours or one you plan to purchase into, track the lowest foreclosure sales. Have a real-estate professional help you examine the statistics. The bidding war on the Lincoln foreclosure speaks volumes about the genuine market price. (realestate.msn.com, 5/12/08)

Except the genuine market price is not the foreclosure price, it's a price that's exaggeratedly low. And even if bidding on foreclosed property brings the price up slightly, instead of showing people how to get a steal on homes during the housing tempest (a complicated enough endeavor), the article should be explaining how the market found itself stuck in this position, and all signs have been pointing to and continue to point towards the lenders and originators of loans; many of which that shouldn't have been made in the first place.