Gallagher & Associates Team

Gallagher & Associates Team

Sunday, May 30, 2010

Hurricane Season Outlook

NOAA has issued an alarming hurricane forcast this year stating that it will be an "an active to extremely active" season:

· 14 to 23 storms big enough to be named.

· Eight to 14 hurricanes - storms with winds of 74 mph or greater.

· Three to seven major hurricanes - those with winds exceeding 111 mph.

That is the most named storms NOAA has forecast since it began issuing the outlook in 1998. Only 2005 had more actual named storms: 28, including 15 hurricanes. NOAA predicted more storms than actually occurred only once, in 2006.

"We could be facing one of the more active seasons on record," NOAA Administrator Jane Lubchenko said at a news conference.

The hurricane season is June 1 to Nov. 30, but most storms occur in August through October.

State and federal emergency planners are worried about a storm surge that could carry oil from the Gulf spill far inland.

Banks Investigated

New York Attorney General Andrew Cuomo has launched an investigation into eight banks to determine if the misled mortgage ratings agencies regarding mortgage securities. Cuomo's office will investigate how the banks profited from bundling and selling sub-prime mortgages.

During the housing boom, Wall Street banks often packaged pools of risky subprime mortgages. The securities were then given top-notch ratings and investors purchased them, in part, because of their high

Banks subject to the investigation included: Goldman Sachs, Morgan Stanley, UBS, Citigroup, Credit Suisse, Deutche Bank, Credit Agricole and Merril Lynch, which is now part of Bank of America.

The rating agencies, such as Standard & Poors, Moody's Investors Service and Fitch Ratings Agencies were paid by the banks to grade their securities. Investors relied upon the ratings services for objective evaluation, not knowing that the information was inaccurate.

The securities have been widely blamed for the mortgage crisis and costing investors billions of dollars in losses. The ratings agencies have come under fire for giving high ratings to pools of sub-prime and non-performing mortgages.

BP Spill: How Can I Help?

Because of the oil spill's changing trajectory in the Gulf of Mexico, Florida faces the threat of contamination from the oil spill. Many people would like to lend a hand in case Florida is affected. Although currently volunteer and employment opportunities are limited in Florida, there are many ways to help both through community programs, county programs, and possibly through BP sponsored programs.


BP stated that only trained, paid workers will be allowed to handle oil-contaminated materials. Contact with crude oil or crude oil contaminated materials without proper training could be hazardous to your health. As such, it is advised against conducting any cleanup or recovery activities without the proper training and supervision from the authorities. To be added to BP's volunteer database, interested individuals are asked to register with BP's Volunteer Hotline, 1-866-448-5816. A local coordinator will contact you if and when volunteer help is needed.


There are also volunteer opportunities within Florida counties including reporting oil sightings, pre-oil landfall beach cleanups, fundraising, and other activities.



To view the opportunities available in your county, please visit http://www.volunteerfloridadisaster.org. Local opportunities in Pinellas County include beach and wildlife monitoring. To report oil along the shoreline, please call both the BP hotline at 1-866-448-5816 and the State Warning Point at 1-877-2-SAVE-FL.If you are not able to lend a hand, but can make a donation, the Clearwater Marine Aquarium has set up an Oil Spill Emergency Fund, and donations can be made by calling the aquarium at (727) 441-1790 or visiting www.seewinter.com. Also, the Suncoast Seabird Sanctuary in Pinellas is accepting donations of items such as towels and Dawn dish soap to treat oiled birds.


If you see an injured or otherwise distressed animal, please do not attempt to help it or transport it on your own. Tri-State Bird Rescue and Research has been contracted to handle oiled wildlife. If you find a distressed animal, please contact call 1-866-557-1401.


Lastly, for those who have boating vessels available and would like to volunteer, the Vessels of Opportunity (VOO) program provides local boat operators an opportunity to assist with response activities, including transporting supplies, assisting wildlife rescue and deploying containment and sorbent boom. Only vessel captains and employees that have completed training and meet the requirements are eligible to work in the BP Vessels of Opportunity program. The vessel owner does not need to be the operator or part of the crew. Owners and captains will receive a phone call when they are selected for hire. If interested, please call (281) 366-5511 for more information.

A Different Take on DNR

You have probably heard the term D.N.R. in realm of health care. D.N.R. stands for Do Not Resituate and is signifies a patient's choice to die peacefully. Doctors and other health care providers honor this directive and will withhold medical care based upon the patient's wishes.

In his essay "Shock Me, Tube Me, Line Me" recently published in Health Affairs, Dr. Boris Veysman, a New Jersey physician, challenges terminal patients and their families to reconsider the gravity of a DNR. In the essay he states:

"Life is precious and irreplaceable. My version of DNR is "Do Not Resign." Don't give up on me if I can still think, communicate and enjoy life. Treat my depression, dehydration, malnutrition and pain. Even severe, incurable illness can often be temporarily fixed, moderated or controlled, and most discomfort can be made tolerable or even pleasant, with simple drugs. Surround me with people; bring the kids so I can teach and talk to them. Let me use my e-mail. Recall the great people of our time who thrived with disability. People like Stephen Hawking, who has ALS and quadriplegia. People like Christopher Reeve. Only after you make every effort to let me be happy and human, ask me again if my life is worth living. Then listen and comply. At that point, if I wish to die, let me die. But until that happens, none of us realize what I can accomplish with another day, another week, another month. So do it all for me. Then ask someone to do it all for you."


No matter what your choice, it is always advisable that patients make their wishes known to their doctors, family members and loved ones.

New Airline Laws

The Department of Transportation has issued new guidelines for domestic flights restricting how long airlines can hold passengers on the tarmac during delays. Among the new rules:

Airlines would be required to provide food and water after a two-hour delay.

*Passengers would have to be deplaned after three hours.

*Airline staff would have to keep toilets working.

*Airlines must provide passengers with an e-mail address and a mailing address for filing complaints.

Civil penalties of up to $27,500 per passenger would be paid to the government for violating any aviation consumer rule.

Saturday, May 29, 2010

Florida Super Lawyers




Saturday, May 1, 2010

G&A News & Notes

*Charles Gallagher was recently featured on Fox 13 News discussing the Non-Judicial Foreclosure Bill that is before the Florida legislature.

*Joe Milligan just released his second CD titled "Better Late Than Never." For those of you that do not know, in addition to being a seasoned litigator, Joe is an accomplished singer and songwriter. On April 16 Joe debuted the songs at The Hideaway Cafe.

*Charles Gallagher was recently featured on Bay News 9 discuss the proposed budget cuts to the Clerk of Courts offices across the state.

*G&A was a proud sponsor of the St. Petersburg Bar Association's Law Day Run on April 17 at Crescent Lake Park.

*G&A was also a sponsor of the St. Petersburg Bar's Meet the Judges Luncheon held on April 6 at the Pinellas County Courthouse.

*On April 27, Charles Gallagher presented a lecture on Essential Lease Elements at SES's Beyond Basic Landlord Tenant Law seminar.

*Charles Gallagher was featured on Good Day Tampa Bay and Fox 13 News discussing the housing sale market and foreclosure trends.

Beach Injuries

Its that time of the year again where we look forward to warmer weather and the beach. The last thing you expect is leaving the beach in an ambulance. Aside from the sun, two of the biggest threats you are likely to encounter are sting rays and jelly fish. So what to do if you find yourself the victim of a sting ray sting or a jelly fish bite?

Stingray stings are caused by the sharp barb that transmits a protein-based venom. This venom causes extreme pain for a few hours and leave cuts and abrasions at the sting site. The pain is most extreme during the first 30-90 minutes after the sting. While most sting ray stings are not severe, if you experience any nausea, vomiting, muscle cramping or chills call EMS immediately or go to the nearest emergency room. The treatment for sting rays stings is fairly simply, soak the affected limb in the hottest water tolerable for at least an hour. An instant hot pack is also helpful. Because stingray venoms are composed of heat-labile proteins, doing this will deactivate the poison. Always seek the medical care of your physician in the event of a sting. Of course, to prevent encountering a ray, drag or shuffle your feet when you are walking into the water so that you bump into stingrays instead of stepping on top of them.

Treating jellyfish stings involves two steps. The first step is to deactivate any stingers. The second step is to remove the stingers from the victim's skin. If you can't get to a doctor immediately, these steps may provide relief from the jellyfish venom. Pour white vinegar on the sting. If no vinegar is available you can use any type of meat tenderizer to neutralize the venom. Remove deactivated stingers by applying shaving foam to the sting area. Scrape the skin closely with a razor, knife blade, or credit card. Remove any venom in the skin by applying a paste of baking soda and water and using a cloth covering. Ice can be applied to stop the spread of venom until either of these is available. Soothe any remaining skin irritations with over-the-counter antihistamine pills or creams containing diphenhydramine (Benadryl). Again, seek the care of your physician after any stings.

New Airline Rules

New Airline Rules

The Department of Transportation has issued new guidelines for domestic flights restricting how long airlines can hold passengers on the tarmac during delays. Among the new rules:

*Airlines would be required to provide food and water after a two-hour delay.

*Passengers would have to be deplaned after three hours.

*Airline staff would have to keep toilets working.

*Airlines must provide passengers with an e-mail address and a mailing address for filing complaints.

Civil penalties of up to $27,500 per passenger would be paid to the government for violating any aviation consumer rule.