NFL Player Protests and the Constitution

https://www.flickr.com/photos/pdaphoto/
https://www.flickr.com/photos/pdaphoto/

NFL Football photo by Parker Anderson

The hottest topic in our country right now involves NFL (National Football League) Players kneeling during the United States National Anthem. Colin Kaepernick began kneeling as a protest against police brutality in America. Now other players and entire teams (including the Pittsburg Steelers and Dallas Cowboys) are protesting racial inequality and injustice that still exists in our country today. Opponents to the protests consider kneeling to be disrespectful to the military, first responders, and the United States as a whole. President Donald Trump has added fuel to the fire by suggesting that NFL Owners should fire players who protest. While the country appears to be divided on this political issue, it presents an interesting question for some NFL Team Owners: Can NFL Team Owners fire players for protesting the national anthem?

It is well established that the First Amendment of the United States Constitution protects the rights of free speech, and the right to peacefully assemble. However the First Amendment applies towards the United States government, not private organizations like the NFL. The current debate does not involve any state action, so it is highly unlikely that the First Amendment would preclude any NFL Owner decisions.

The most likely way for NFL Players to defend themselves for protesting would be in their NFL employment contract. If players had contracts that protected their right to free speech within the scope of employment, then they would likely be able to protest the national anthem among other free speech actions. Currently the player’s collective bargaining agreement put together by the NFLPA (National Football League Players Association) gives vast power to the NFL Owners. NFL owners are allowed to fine or discipline players for any actions that diminish public respect for the game. These terms make it highly unlikely that players have any defense for being fired for their actions.

The latest debate regarding NFL Protests brings about significant constitutional, employment, contractual, and civil legal matters. If you or someone you know is facing civil legal issues please contact the Bruner Law Firm. The Bruner Law Firm has served thousands of clients throughout Northwest Florida for over 30 years. The Bruner Law Firm has lawyers who specialize in recovering damages for victims of car accidents, slip and falls, dog bites, boating accidents, motorcycle accidents, and trucking accidents. If you need a personal injury attorney in Fort Walton Beach, Destin, Panama City, Niceville, Navarre, or Crestview please contact the Bruner Law Firm. With offices located in Fort Walton Beach and Panama City, Florida the team of lawyers and legal specialists at the Bruner Law Firm are ready to help!


Ohio Suing Pharmaceutical Companies For Causing Opioid Epidemic

Photo taken by Jamie from Flickr

This Wednesday the State of Ohio filed suit against five big Pharmaceutical Firms alleging that they undersold the risks of potent opioid drugs. Drugs like OxyContin and Percocet are used to reduce pain symptoms in patients, but have led to mass addiction. Attorney General Mike DeWine stated, “We believe the evidence will also show that these companies got thousands and thousands of Ohioans, our friends, our family members, our co-workers, our kids, addicted to opioid pain medications. These drug manufacturers knew what they were doing was wrong, but they continued to do it anyway.”

The State of Ohio claims that big Pharmaceutical companies have caused patients to become addicted since they have not adequately described the risks associated with taking the drugs. DeWine stated, “We believe that the evidence will show that these pharmaceutical companies purposely misled doctors about the dangers connected with pain meds that they produced, and that they did so for the purpose of increasing sales.”

Patients often form physical and psychological dependencies to opioids like OxyContin and Percocet. Once patients are no longer able to obtain the prescribed drugs, they often turn to the street for opioids and sometimes heroin. Big pharmaceutical companies minimizing the risk of addiction in order to increase sales leads to a slippery slope. Some are even comparing these unethical marketing strategies to that of the tobacco companies during the 1990’s.

Have you or someone you know been harmed by addiction to legally prescribed opioid drugs? Have you been wondering how to deal with a problem with prescription pain pills? Were you given adequate knowledge and warnings about the risks related to using legally prescribed opiates? If so you should immediately contact an attorney to seek relief for the potential damages that you have incurred. The Bruner Law Firm has represented thousands of clients in Northwest Florida against major corporations in lawsuits related to personal injuries. If you or someone you know has been injured please contact The Bruner Law Firm by phone (850-243-2222), or visit our office in Fort Walton Beach 0r Panama City. It makes sense to talk to Vince.


American Museum of Tort Law

The American Museum of Tort Law has just celebrated its first year anniversary. The Museum is the child of renowned consumer advocate and former presidential candidate Ralph Nader, who started the project to give Americans a look a the truth and history behind many famous torts lawsuits. Amongst the chief cases exhibited are the famous Ford Pinto, Liebeck v. McDonald’s (the “Hot Coffee Case”), and various Tobacco lawsuits/Engle Progeny. The museum has received donations and funding from various consumer advocate groups. Nader has described the running theme as keeping the powerful accountable. The museum can be visited most days from 10:30am to 5:00pm and is located at 654 Main St, Winstead, CT 06098.

https://www.yelp.com/biz/american-museum-of-tort-law-winsted


Galaxy Note 7 Burn Lawsuit

For the last several weeks, it seems like there has been a daily incident of yet another Samsung Galaxy Note 7 exploding or catching fire. There has even been a car fire that was reportedly due to the defective device catching fire. So it comes as no surprise that Samsung has decided to stop selling the device altogether in hopes to limit their liability. The AP has reported that the costs of suspending the device manufacturing and various recalls/replacements will likely end up costing the global consumer electronic giant approximately $17 Billion. Samsung will also likely face dozens of tort suits from consumers due to burning or inhalation of toxic fumes. If you have been the victim of one of these device malfunctions, feel free to contact our law firm for further consultation and help in litigating this matter.


Florida Code of Judicial Conduct

The Florida Supreme Court promulgates the Florida Rules of Court. Among the rules are the following seven canons of judicial conduct:

Canon 1. A Judge Shall Uphold the Integrity and Independence of the Judiciary

Canon 2. A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all of the Judge’s Activities

Canon 3. A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently

Canon 4. A Judge Is Encouraged to Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice

Canon 5. A Judge Shall Regulate Extrajudicial Activities to Minimize the Risk of Conflict With Judicial Duties

Canon 6. Fiscal Matters of a Judge Shall be Conducted in a Manner That Does Not Give the Appearance of Influence or Impropriety; etc.

Canon 7. A Judge or Candidate for Judicial Office Shall Refrain From Inappropriate Political Activity

 

 


Distracted Driving – “From One Second To The Next” A Film by Werner Herzog


When Mayhem Happens

You may have recently seen a television commercial about when mayhem happens. Although it may be funny to joke about from time to time, disasters do indeed happen, and when they do, the joking stops. Insurance companies make money when they avoid paying benefits. When you have experienced an event of mayhem, don’t let them deny your claim. Our lawyers settle hundreds of cases with insurance companies without filing suit. We can help you obtain a just settlement from the insurance companies. Many times this is possible without even filing a lawsuit. If that is required however, we will inform you of all the relevant consequences. As our policy always has been, all costs of litigation are paid by us unless you recover. We charge the industry standard rates across all stages of litigation. We can never guarantee a result, but we can promise that we will provide your claim with our undivided attention and work diligently to provide you with a fair and equitable result. When mayhem arises, give the lawyers at The Bruner Law Firm a call today. We are ready to help.


Find a Lawyer

If you are trying to find a lawyer, there are many questions you probably need to ask yourself. Choosing a lawyer is a very important decision and should not be taken lightly. Sometimes you just know you need a lawyer. Either you have just been involved in a major traffic accident or your business is being hounded by creditors and you think you may want to file for bankruptcy. Other times you think you may need a lawyer. You want to buy a house, or something you paid a lot of money for is not working properly. You aren’t entirely sure legal advice is necessary.

Even when you think you need to find a lawyer, you may have many other questions: Where do I go to find a lawyer? How will I know which lawyer is best for me? How do I know if a particular lawyer can handle this job? How much will a lawyer cost?

There are certain situations where you should almost always have a lawyer. For example, if you are charged with a crime, including a serious traffic offense such as drunk driving or reckless driving, or a traffic offense following an accident or collision, you definitely need a lawyer. If you are sued in a civil case, especially if the lawsuit seeks a large amount of money, you should also probably contact a lawyer. Any time your freedom, civil rights, or finances are threatened, you should obtain legal assistance. Depending on the nature of the offense and whether jail time is a possible outcome, the Florida Constitution generally ensures you will have the right to a lawyer. That right is considered so fundamental to our system of justice the courts will even appoint you an attorney if you unable to afford one.

There are a wide range of other matters which may require legal assistance or where legal assistance would greatly improve your chances of protecting yourself. It may involve a lawsuit, such as a suit about child custody, or one about a divorce; a suit against you by someone claiming you owe him or her money; or a claim by the Internal Revenue Service that you owe back taxes. It may be that you believe you have a claim that would require filing a lawsuit, such as a claim of wrongful termination, a claim for injuries from an car accident or as a result of poor medical treatment or medical drug reactions, or a claim that a product you bought was defective. Or, you may have problems with creditors and think you need to declare bankruptcy.

Some types of legal matters do not necessarily involve going to court, but you still should consult a lawyer who is knowledgeable about handling your issue. For example, you may need a will, or you may be purchasing a home or a business and need assistance with the contract, or you may need to negotiate a separation settlement with your spouse. You may also need a lawyer if you want to become a resident or citizen of the United States. There’s no question, choosing a lawyer is an important decision.

At The Bruner Firm, we focus 100% of our practice on personal injury cases. If you have been injured on a motor vehicle, such as a car, truck, boat, or a motorcycle, we can help you obtain justice. We have over 30 years of handling all types of personal injury cases. Don’t continue your search to find a lawyer. Don’t wait to give us a call. Certain statutory deadlines may expire that could potentially affect your case.


Nursing Home Cleanliness Guidelines

Nursing home negligence cases oftentimes develop from unclean conditions. Sanitization is of the utmost importance in preventing the spread of germs, viruses, and bacteria, like Staph infection (Staphylococcus aureus). Poor hygiene and signs of uncleanliness are generally an indicator that some sort of abuse may be occurring. These conditions generally occur when there are too few staff attending to too many residents. When a nursing home is dirty, this sign may often be an indicator that greater abuses are occurring in the facility. Make sure to carefully observe and questions any suspicious behavior. Always keep an eye for “skin tears” or bruising that may be visible on a loved one. Listed below are some spots where germs and other harmful bacteria often incubate:

Handrails on the bed
These are to be cleaned daily by nursing home staff. Signs of dirt or griminess should raise flags.

TV Remote
This is often times more dirty than the toilet seat. A prime germ spreader.

Dirty Laundry Hamper
Dirty clothes are often discarded once they accumulate food particles or other sources of uncleanliness. The dirty laundry hamper is often very dirty and a good cleaning can prevent the spread of germs.

Door and Drawer Handles
Doors handles are one of the most common sources of contact for spreading germs in a hospital or nursing home. Wipe these down for your loved ones in order to prevent the spread of germs.

Telephone / Cell Phone
Telephones and cell phones also commonly contain germs transferred from the face and/or mouth. Make sure to wipe the phone down with an antibacterial wipe on the outside of the phone in order to eliminate this pesky source of uncleanliness.

If you have witnessed any of the following signs of uncleanliness, it may time to contact a nursing home negligence lawyer. Fill out our contact form or call the Bruner Law Firm today at (850) 243-2222. We can help.


Panama City Florida

Bay County Florida

Panama City is the largest city between Tallahassee and Pensacola, Florida. It was incorporated in 1909. Panama City sits in Bay County, which was established from Washington County in 1913. Bay County gets its name from St. Andrews bay, which borders the county on the south. Before the was settled, it was a large community for Native Americans. The Spanish first made contact with the natives around 1500. At that point, the area was occupied primarily by the Chatot and Yucci tribes. Several hundred years later, the Creeks and Cherokees who had managed to avoid the trail of tears began to relocate to the area. By the mid 1800’s, an influx of caucasian settlers had forced the remaining natives into South Central Florida–into a new tribe that would eventually become the Seminoles.

The first European settlement in the area was near Beach Drive; approximately between Frankford Aveneue and Lake Caroline. At the start, the summer population hovered just over a thousand people strong. The town played a role in the Civil War as a supply port and came under attack numerous time by Federal troops; being eventually destroyed in 1863. in 1908, St. Andrews finally incorporated for the first time. It grew as a popular port for a number of years. Panama City became such an important port during the 20’s, that it ended up annexing St. Andrews, and three other small towns in 1927.

Panama city became an even more vital port during World War II and as it was used extensively for shipbuilding. Local restaurants, bars, shops, and fishing charters were frequented by many; including one of America’s biggest celebrities at the time, Clark Gable. The area had become a destination.  In the 80’s however, Panama City’s economy suffered as Panama City Beach supplanted it as the destination of choice. Panama City recognized the need for improvements and began a revitalization of St. Andrew’s in 1989.  St. Andrews went on to receive numerous grants from the State of Florida and has flourished into the beautiful area as we know it today.


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Bruner Law Firm represents clients throughout Florida’s Emerald Coast including Fort Walton Beach, Destin, Mary Esther, Niceville, Freeport, Defuniak Springs, Crestview, Shalimar, Navarre, Gulf Breeze, Milton, Laurel Hill, Bonifay, Chipley, Panama City, Panama City Beach, Valparaiso, Miramar Beach, Okaloosa County, Walton County, Santa Rosa County, Escambia County, Bay County, and Holmes County.

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