Sexual Harassment at ESPN

Sexual harassment in the media is again in the news. ESPN fired commentator Steve Phillips after he admitted to having an affair with a 22 year old ESPN staffer. According to news stories, Phillips was sued previously for sexual harassment and ESPN has been sued as well.

When an employee commits sexual harassment, the proper way for the employer to handle the situation is to terminate that employee. It is apparent that although ESPN learned it's lesson, Steve Phillips had not.

Contrast this response with the David Letterman situation. Letterman has been defended and protected by his studio and NBC whereas the staffer was put on paid leave.

Sexual harassment in the work place will continue as long as it is tolerated. Let's not tolerate it anymore.

Baby Einstein Refunds

As it turns out, Disney misled the public when it claimed that the Baby Enstein series of video would increase baby's verbal skills. The opposite is true. A study showed that babies who were exposed to Baby Enstein had delayed development of verbal skills. Disney withdrew that marketing claim two years ago. Now for a short time only, Disney is agreeing to pay a total refund for this videos. To obtain the information on how to receive your refund, go to: http://www.babyeinstein.com/parentsguide/satisfaction/upgrade_us.html.

Defamation on Facebook

Social websites, such as Facebook, give people the opportunity to post statements in the comfort of their home or office in the illusion of privacy. Yet statements made on Facebook are not private, they are very very public. A false statement posted by someone can not only be hurtful but also damage the other person's reputation.

The law of defamation has been around for centuries to protect innocent people from false public accusations. There is a defamation claim when:

1. There is a false and defamatory statement (a statement which, if believed, injures a person's reputation).

2. The statement was an unprivileged publication to a third party. Privilege exists between two doctors. If your doctor made a false statement about your health, such as you have HIV, to a friend of yours then that would be an unprivileged publication.

3. The defendant is at least negligent (the speaker knew or should have known that the statement was false).

4. The statement is "per se" actionable, such as accusing you of a serious crime, or creates some other special harm.

There is a second claim that can be brought for defamatory statements: a false light claim. A false light invasion of privacy claim arises when the defendant publicizes a matter that places the plaintiff before the public in a false light.

Identity Theft

The BBB of Alaska is offering a free, anti-fraud seminar to promote consumer protection education. The presenters include the Alaska Dept of Health & Social Services to talk about Medicare Fraud and the Social Security Administration to talk about protecting your Social Security Records. The event will be Thursday, November 12, 2009 10 AM- 12 PM at the Anchorage Senior Citizen Center, 1300 E 19th Ave, Anchorage AK 99501. RSVP: 562-0704 or events@thebbb.org.

Balloon Hoax

Last week the nation was gripped in fear over the welfare of a 6 year old boy allegedly floating across the Colorado sky in a helium balloon. Evidence is not coming to light that the parents filed a false police report in order to gain free publicity and they are about to be prosecuted for it.

In Alaska, filing a false police report is a crime under Alaska Statute 11.56.800 and Anchorage Municipal Code 08.30.050. Conviction for the filing of a police report can result in jail time up to one year and a fine as much as $ 200,000.

The resources of our state and local law enforcement are strained enough without being sidetracked by false reports so it makes good sense that we have such a law. On the other hand, the reporting of crime should not be deterred. The line between whether someone files a false police report or made a mistake may sometimes be blurry so it is important that prosecutors and the court system look at these cases hard before subjecting an individual to criminal prosecution.

If you have information regarding someone who has filed a false police report, your information should be provided to the police. If you have been accused of filing a false police report, you need to contact a criminal defense attorney. To find a criminal defense attorney, you should call the Alaska Bar Association Lawyer Referral Line: 272-0352.

Don't Cheat Yourself

When you have been injured in a car accident, you need money to fix your car, to pay your medical bills and to keep a roof over your heard. Insurance companies know this. A friendly insurance adjuster might a day or two after the accident and offer you $1,500 - $2,500 to settle your claim hoping that you will settle low before you find out what is fair.

Don't cheat yourself! Don't settle until you know how serious your injuries are. Frequently doctors do not diagnose permanent injuries until six months or more after the accident. What looks like a simple whiplash a day or two after an accident can turn out to be a serious permanent injury which may require surgery. If you already settled your case, you can't get more money from the insurance company.

Before you settle your case, you need to talk to an experienced personal injury attorney. Keenan Powell has been fighting the good fight for injured Alaskans for over 25 years. Free consultation. Call: 258-7663 or 800-386-5678.

Distracted Drivers

Each year 5,800 people die in car accidents caused by distracted drivers. Another 515,00 people are injured. (Source: National Highway Traffic Safety Administration). There have been two terrible car accidents in Anchorage in recent weeks on clear days with good driving conditions. We all like to think that because we are careful drivers, we won't be in an accident. The problem is that we cannot control other drivers who are irresponsible or distracted.

Dealing with the insurance companies and medical bills is a whole new arena. Most people don't know what to ask for or what is fair. When you hire an attorney, that's your attorney's job.

Consultations with Keenan Powell are free of charge. Call: 258-7663 to make an appointment today. Toll free: 888-368-5678.