Health Care Reform
By: Charles Gallagher
While the past presidential election focused on health care reform, the current grass roots resistance makes you wonder, do Americans really want an overhaul of the health care system that we know? It is estimated 50 million Americans who are without coverage can afford health insurance.
A Washington Post-ABC News survey found that fewer than half of Americans-49 percent-say they believe the president will make the right decisions for the country. That's down from 60 percent at the 100-day mark in his presidency.
The president argues that a public option would embrace those now without coverage, give others a choice beyond private insurance and, in theory, bring down the cost for everyone through competition from a nonprofit government program.
Opponents to health care reform worry about the denial of necessary procedures, euthanasia "death panels", government funded abortions and government influence in the doctor-patient relationship. Additionally, there is the fear that government mandated health care will end private insurance as we now know it.
The present House bill says insurance companies can't independently issue any new individual policies after the legislation takes effect While private plans aren't banned, they are shifted into the new health insurance exchange the legislation would set up. You can still get a private policy, but the way in which you buy it changes. If you wanted to buy your own insurance, you have to do it through the government-run insurance exchange.
While the debate continues, Americans must consider the implications of health care reform. |
12 Angry Men-The Remake
By Alison Parker
An intense jury deliberation is the premise for an Academy Award Nominee for Best Foreign Language Film, which came to DVD in July 2009. "12" is a loose Russian-language remake of the Sidney Lumet jury room classic "Twelve Angry Men," starring Peter Fonda, Jack Warden, and Ed Begley. In "12", a dozen jurors must decide the outcome for a Chechen teenager convicted of murdering his Russian stepfather.
Like its American counterpart, the film is dialogue-driven, but with more action (e.g. re-enacting the crime in the local high school gymnasium, which was used as a makeshift jury room). Both films were shot from the same script, but the newer film has a distinct Russian flavor, particularly in the factions of Russian society represented by the jurors.
Look for the symbolism of the birds in flight in both the film and the cover art, transcending the film from a legal drama to a multi-layered social commentary. The film's major weakness is that it runs in at 160 minutes, but don't let the length and subtitles steer you away from one of the year's best DVD releases. |
Rescue Fines for Hiker By Erika Mariz
Scott Mason, a Massachusetts teenager, spent three nights alone on Mount Washington in New Hampshire. He planned to spend one day hiking in the mountains but became lost after spraining his ankle and consequently attempting a shortcut off marked trails. The shortcut led him into rising water and deep snow caused by unseasonably warm weather. Mason was praised for using his Eagle Scout kills to survive the three nights alone in the treacherous mountains.
However, authorities say because he wasn't prepared to face the conditions on the mountains, he should have never gone out there alone in the first place. Fish and Game Major Tim Acerno said, "It was his negligence that led to him getting into that predicament." Mason's fine may be the largest fine sought under a New Hampshire law that allows lost hikers to be charged for rescue costs.
Acerno believes Mason was negligent in continuing up the mountain with an injury and straying from the marked trails. New Hampshire legislators made it even easier to charge for rescues last year when they changed the law to allow fines for those who acted negligently instead of the harder to prove standard of recklessly. Several states have rescue fines like New Hampshire.
Mason was fined $25,000 for his rescue costs due to his negligence and because an out of state helicopter was used in his rescue. Mason was shocked because he had voluntarily sent $1,000 to his rescuers and was never informed he would be fined.
Mason, now 18 years old, is unable to pay the past due $25,000 fine. He hired an attorney to negotiate with the attorney general.
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Fox News 13 Appearance
Fox 13 Consumer Lawyer Eric Seidel profiled the issue of bay area homeowners that are upside down in their mortgages.
The story discussed what homeowners can do to get out from under a mortgage where the balance exceeds the value of the property. Charles Gallagher discussed such defenses an actions that can be taken by borrowers.
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Farewell to Summer Clerks

Summer Law Clerks Jeri Ostuw and Tracy Evans will return to Stetson to continue their course work.
At a celebration lunch, both Evans and Ostuw received Certificates of Achievement for their excellent work over the summer. Both Jeri and Tracy will be missed. |
G&A Summer Happy Hour
G&A will be hosting a summer happy hour on Wednesday, September 2 from 5:00-7:30 p.m. at our Party Deck and Tiki Bar at the firm. Please join us for this opportunity to enjoy some time fun with clients and friends of the firm. Guests are welcome and feel free to pass along the invitation to others.
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Race for the Cure
For the third year in a row, G&A is fielding a team in the Susan Komen Race for he Cure. Race for the Cure will be held at Vinoy Park in St. Petersburg on October 3, 2009.
Team Gallagher Law is open and welcomes other runners and walkers. Race for the Cure includes something for everyone, a 1 mile walk, 5K walk and competitive 5K and 10K. Team members will receive our special edition "Dropping Our Briefs to Race for the Cure" t-shirt.
To join our team, click here, Race for the Cure Sign Up. | |
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Attorney Spotlight
Alison A. Parker, Esq.
Alison Parker recently joined the firm as an associate attorney. Ms. Parker graduated from Stetson University College of Law in 2007. At Stetson, she served as secretary for the Environmental Law Society and worked with the "Go Green" campaign. She was a member of both Law & Order, which is the criminal law student organization; and Equal Justice Works.
Ms. Parker graduated from the University of Florida in 2004 with her Bachelors of Science in Journalism. While at UF, she worked at WUFT-FM as an on-air radio announcer, interned at the Gainesville Sun, and volunteered with the Radio Reading Service.
Currently, Ms. Parker is a member of The Florida Bar, American Bar Association, and the St. Petersburg Bar Association. She enjoys doing pro bono work for the Community Law Program, Inc. in St. Petersburg. Ms. Parker's practice focuses on consumer law, real estate litigation, insurance litigation, and business litigation.
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Paralegal Spotlight
Jason Cox
Jason Cox recently joined the firm and has over ten years experience as a paralegal and law firm administrator. Jason is a graduate of Stetson University where he obtained his degree in business administration.
After college, Mr Cox joined the law firm of B. Edwin Johnson, P.A. where he was the lead paralegal and firm administrator.
Mr. Cox has a wide range of legal experience in both civil litigation and transactional matters. He has considerable experience in commercial leasing, tort law, business law, real estate law, contract law and consumer law.
Additionally, Mr. Cox is responsible the firm's administration and business matters. | |
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G&A Email Directory
Erika Mariz
Joseph F. Milligan
Alison A. Parker
Ibrahim Ayyub
Jason A. Cox
Cynthia Corder
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About Our Firm
Gallagher & Associates Law Firm, P.A. accepts cases throughout the Tampa Bay area.
Our main practice areas include: insurance litigation (including toxic mold, sinkholes, hurricane claims and denied insurance claims), real estate & business litigation (including foreclosure defense and lender mortgage fraud), accident/injury litigation, consumer law, and employment litigation.
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