"No Refusal" Weekend in DuPage County, Illinois: Those darn citizens, trying to "skirt the law by refusing to be tested" via breath test. How dare they know that breathalyzer equipment is notoriously unreliable. How dare they rely on their constitutional rights. As Knoxville DUI attorneys, we generally recommend that persons stopped on suspicion of DUI decline the field breahtalyzer because of its known lack of accuracy. There should be no stigma in insisting that the police use only the most accurate possible test to determine whether a violation has occurred. And taking blood test is the most accurate test.

The solution to our woes? Better tennis = better position in global affairs.

Hey, I miss Connors and McEnroe and Borg and Evert, too, but come on.

Allstate's new tactic: Intimidating doctors that support plaintiffs' injuries. More fun and games from our favorite "anti-citizen" company! What's really happening? This: "What Allstate is attempting to do here is to intimidate those doctors who have the audacity to actually put the interests of injured citizens first and Allstate profits second. This is the same 'delay, deny, confuse and refuse' tactic that Allstate has used for years in defending personal injury claims."

The next time you are tempted to pet the sting rays up at Ripley's Aquarium or elsewhere, consider the risks: "The parents of a child who developed a bacterial infection after petting stingrays at the Tennessee Aquarium has filed a federal lawsuit seeking $2.4 million."

As a Knoxville accident lawyer, I see the potential validity of the case. As to the amount claimed in the lawsuit, let's take a look at the Complaint to see exactly how bad the kid's injuries were: (1) diagnosis -- fish-handler's disease,a sssociated with his contact with the sting rays; (2) multiple surgeries and procedures, including several rounds of nail plate avulsion and tendon sheath incision of his right hand for debridement of suppurative tenosynovitis; (3) the kid's finger continued to swell, his nail bed turned dark blue, the skin on his right index finger turned necrotic, and he endured excruciating pain throughout his right hand, having to be put under anesthesia just to change the bandages; (4) the kid still continues to suffer from pain and loss of mobility in his right index finger and right hand and has undergone extensive therapy in an attempt to return his right index finger and right hand to normal use and function.

I'm a scuba diver, and have touched sting rays numerous times while underwater. I would think it's pretty uncommon for such an infection to occur. So the issue in this case is not whether the sting ray contact caused the injury; I see it more as whether it was foreseeable that such passing patron contact would lead to such an injury. More generally, was the Tennessee Aquarium negligent to allow patrons to touch the sting rays? Those are tough questions.

Four things you need to know about Social Security Disability. This is important fundamental information, entirely valid to Social Security disability in Knoxville.

Alan Gross, a subcontractor for the Agency for International Development, has been imprisoned in Cuba for almost two years. He has been convicted by the Cubans and sentenced to fifteen years in prison. His crime: making the Internet available to members of Cuba's "miniscule" Jewish community. So, if you thought the days of the old Soviet-style repression are of the past, think again. You can sign a petition urging his release on humanitarian grounds.

Wow. Here is the king of conflict of interest situations: English insurance companies sell deatils about car wreck victims, to the lawyers who will make claims against those very same insurers! The insurers apparently make over £3 billion a year from this odious practice.

I think that's called playing both ends against the middle.

Obama steps in to get help for local woman: You know something's wrong with the bureaucracy when it takes presidential intervention to get action on a Social Security Disability claim.

And Pigs Get Slaughtered: Allstate loses injury trial gamble: Now this is interesting. With $23,000 in medical bills, the arbitration panel awards a sum total of $25,000. So much for the fairness of arbitration, huh?

Allstate, who apparently wanted to rub salt in the plaintiff's wounds, refuses to accept the arbitration award and demands a jury trial. Result: "The Madison County Circuit Court jury took just 45 minutes on Aug. 16 to render the verdict. It included $23,820 for medical services, past and present, $3,500 for property damage, $40,000 for pain and suffering, and $15,000 for loss of a normal life." To those math-challenged folks like me out there, that totals $82,320.

Justice was done here.

Jockey Calvin Borel jailed for DUI. Well, sort of: " Borel was pulled over by Indiana State Police for making an unsafe lane movement. Hissam said Borel’s blood-alcohol content was “barely over” the legal limit of .08 percent." Hmm. Unsafe lane movement? What does that mean, exactly? I would be suspicious of the officer's motives in making this stop, unless Borel -- who is one of the preeminent horse jockeys around today -- was really weaving. And because the article doesn't say anything about weaving, I begin to wonder....In any event, it looks like Calving needs a DUI attorney.

Social Security Disability and SSI by the numbers.

University of South Carolina Halts Fraternity Recruitment: I'm shocked, SHOCKED, to learn that drinking is going on in college fraternity houses!

What I love is the last line of the article: "USC said sorority recruitment won’t be affected by the decision." Yeah, like girls don't drink. Riiight.

National Public Radio has an interesting piece on Supplemental Security Income [SSI] benefits for children with severe mental disorders:

To those who believe the federal Supplemental Security Income program for severely disabled children is a lifesaver and not a boondoggle, Hulston Poe is a great example.

The 4-year-old was diagnosed with severe ADHD last October, after more than a year of violent temper tantrums, and kicked out of preschool. Case workers said there wasn't much they could do for him.

"We were at a standstill," says his mother, Suzanne Poe, who was scraping by as a single parent of two in Des Moines, Iowa.

Then doctors recommended that she enroll her son in the SSI program this year, and everything changed. A monthly check of $674 helps pay for Hulston's day care, a private tutor and medicines. Perhaps most importantly, the program made Hulston newly eligible for Medicaid, the joint state-federal health insurance program for the poor. He gained access to the doctors he needed.

"I can see a light in his eyes again," Poe says. "He just looks so much happier."

Let's hope worthwhile programs like this one don't end up on the cutting block.

Man Sentenced To 12 Years For Deadly DUI Crash: This guy lost control, spun out, and collided with another vehicle. The three yearold in his back seat was killed. The moral of the story is: don't drink and drive, especially with a child in your car.

Doctors who endorsed Medtronic product got millions. Reading the linked article reveals that some doctors may have received kickbacks -- that's not entirely clear at this point. More troubling, however, is the implication that allowing corporations to conduct their own safety testing is not, and may never have been, a wise procedure:

“Can we accept industry-sponsored studies as the basis to go full bore into the use of a product?” said Dr. Dan M. Spengler of Vanderbilt University. “I’m suggesting probably not, based on our experience here.”

Federal and state government agencies do not have the resources to really keep an eye on these corporations, so the government has relied on them to "self-police." But what about the temptation to buy the results of studies that are supposed to ensure reasonable product safety? Again, the suggestion here is that corporate businesses, which are notoriously amoral -- they're in it for the bucks, and they don't take prisoners -- cannot be trusted to regulate themselves.

Read more about Slovis, Rutherford & Weinstein's personal injury practice and our defective products practice here.

Our Legislature has tightened up the DUI laws again: "In Tennessee you can be considered an “impaired” driver if you're operating a motor vehicle with a BAC of .08 or higher, the same as the national limit, however if you are operating a commercial vehicle your limit is dropped to .04, even lower is the limit for drivers under 21 (.02) If you are pulled over and your BAC level is greater than a .15, the state is now making it automatic that a igniton interock system is situated in their vehicle."

Read about our DUI representation services.

Ford Pickup Recall: Ford Motor Co. has recalled 1.1 million units of its popular F-150, F-250 and Lincoln Blackwood pickup trucks due to a problem with their gas tanks that could catch fire. The recall includes models manufactured between 1997 and 2004.

Read more about our personal injury and defective products practices.

While we do represent clients in DUI cases, I think we might have a problem with this guy: "A Louisville man pulled over for speeding was found to be wearing a shirt, shoes and nothing else, according to arrest records."

Ugh.

Social Security Administration to increase online presence: "SSA's long-term customer service delivery plan must recognize that a majority of the customers it will serve in 10 years will expect to conduct business electronically, conveniently and without the intervention of an agency employee," the report said, noting that SSA's Future Systems Technology Advisory Panel recommended the agency "prepare to move to an electronic self-service model where 90 percent of its business is online."

Read more about our Social Security practice.

A "Smart ALEC" in Tennessee: If you thought all the pro-business laws recently passed in Tennessee were home-grown, think again. This corporate-supported outfit supplies pre-packaged legislation to legislatures all over the country, including Tennessee:

ALEC bills, which largely benefit the organization's corporate members, have been introduced in legislatures in every state - but without disclosing to the public that corporations previously drafted or voted on them through ALEC, Bottari says. More than 800 ALEC-inspired bills are listed on a website, ALECexposed.org, which was created by the center. ALEC supporters say they simply offer conservative lawmakers a resource when drafting legislation.

Many bills that have appeared to be home-grown in Tennessee have roots with ALEC, Bottari says.

"The public never knows that the bill was drafted by a corporation and approved by a corporation, because that process takes place behind the scenes at ALEC."

It's clear that what is happening, mostly below the surface of the public's attention, is a war for power. The ideological right wing fanatics are changing state law with cut-outs like this ALEC, and doing it in an organized, methodical fashion.

And many of our elected public servants here in Tennessee are tied to this odious ALEC:

. . . former Rep. Joe McCord, R-Maryville, who is now chief clerk of the state House, traveled to an American Legislative Exchange Council meeting in San Diego.

The ALEC San Diego event was the most popular destination for Tennessee legislative travel last year with 16 attendees from the state — 12 representatives and four senators. Tate was the only Democrat to attend the session, known for developing model legislation with conservative, pro-business themes. Most of billed for six days of per diem at the $185 rate in effect until Oct. 1, or $1,100 each. And most counted it as their one all-expense paid trip and those staying for the full conference had a hotel bill of $1,175 plus varying airline fees.

Oh, and those trips were paid for by -- wait for it -- Tennessee taxpayers. I'll bet Big Insurance and corporate America collectively are laughing themselves silly that you and I are paying for the privilege of them screwing -- you and I.