DARLINGTON, S.C. — The word he was looking for is perspective.For the first time since his private plane crashed two weeks ago, Dale Earnhardt Jr. publicly spoke out and answered questions about the accident. Dale, wife Amy and daughter Isla are all fine after having been onboard when the plane rolled off the runway and caught fire in Tennessee. Now, they’re just trying to get back to everyday normal activities.“It was a very tough experience to go through,” Dale said Friday at Darlington Raceway. “I try not to really get into that and think about that too much. Things happen for a reason. You just try to learn from it and move on.“I love my daughter so much and enjoy being around her. I look forward to watching her grow up and experience a lot of things with her going forward. That just made me realize that much more. I’m just thankful and ready to live our lives.”RELATED: Earnhardt family safe after plane crashIsla is just a year old. Dale and Amy have been married for two years. Their life together as a family has just begun.The crash, which happened at Elizabethton Municipal Airport, was a reminder of that fact.“There’s a lot of things in your life that you go through that help you order your priorities,” Earnhardt said. “It reminds you sometimes what’s important, what’s not-so-important.”Easy.“It’s hard to prioritize anything over your daughter during just a typical day,” Earnhardt said. “A lot of times I’m just sitting with her, talking about balls and slides and her pits and whatever else she’s seeing around her that she wants to play with and do. Me and Amy just spend a lot of time sort of trying to get her education of what’s going around her.”There were no serious injuries reported after the crash. Dale later tweeted his lower back was bruised, but he has since recovered and been cleared physically. No issues with his concussion history, either.Dale said he doesn’t have a problem with ever flying again and the best advice he has received is to get back on the horse, so to speak. He’s used to being mentally tough anyway. It’s normal for a former full-time Monster Energy NASCAR Cup Series driver.“I think that it’s just being in a race car, we go out there on the race track, crash into the wall, flip upside down and the first thing you think of is how good is the backup car, why did that happen and how can we stop the next car from doing that,” Dale said. “I think the repetition of doing that all my life has insulated me from some typical emotional reactions that you might have in situations like that.”RELATED: All of Earnhardt’s Cup wins | Earnhardt’s best No. 8 paint schemesSpeaking of being in a race car, Dale will actually partake in Saturday’s Xfinity Series event at Darlington – Sport Clips Haircuts VFW 200 (4 p.m. ET, NBC/NBC Sports App, MRN, SiriusXM NASCAR Radio). This will be his second race since retiring from full-time competition after the 2017 season. The first was at Richmond Raceway last year.And just like that time, Amy will be present with Isla.“She’ll never remember that,” Earnhardt said. “She might not remember this race either. But it’s fun having them around, especially when I’m racing.”
2019 marks the 20th anniversary of HBO‘s lauded gangster drama, The Sopranos, widely considered to be one of the greatest TV shows of all time. The show’s cast has been busy leading the 20-year nostalgia festivities, from staging panel discussions in theaters worldwide to presenting a “Best Pop” award to New Jersey natives the Jonas Brothers at the 2019 MTV Video Music Awards in Newark, NJ earlier this month. As Vincent Pastore, the actor famous for playing Salvatore “Big Pussy” Bonpensiero on the show, joked during the cast’s award presentation, “Yo yo yo, I got a problem. I don’t recall anybody askin’ me if they could do an awards show here, you know?” He continued, flexing his natural mafioso intimidation tactics, “MTV, I mean, what do you think you’re doing? Handing out awards without my permission? How ’bout I win somethin’, too?”But when Live For Live Music caught up with Pastore a few days after his VMAs gig, it wasn’t to talk about the anniversary of The Sopranos—or missed protection payments. It was to chat about his rock n’ roll band. Yes, you read that right. Vincent Pastore has a band—Big Pussy’s Gangster Squad—and they’re playing at Port Chester, NY’s Garcia’s this Thursday, September 5th.Thankfully, we wore a wire for our conversation with Big Pussy (hey, he had it comin’), so you can read what he had to say below:Live For Live Music: As someone who only knows your acting work, I was a sort of shocked to hear that you had a band at all.Vincent Pastore: Oh yea, we been runnin’ around a couple years.L4LM: But what really got my attention was the name. It might just be the best band name ever. Big Pussy’s Gangster Squad!VP: I was calling it Vinny Pastore’s Gangster Squad, but you know, I… hey, come on, Sopranos, cash in on it. I’m a Soprano. Now I’m callin’ it Big Pussy’s Gangster Squad ’cause it’s the 20th anniversary of The Sopranos, so why not? … But I like the name. You like the name?L4LM: Oh, I love the name. It’s perfect. Can you tell me a little bit about how the band got started?VP: Well, back in the eighties I had a club called The Crazy Horse in New Rochelle, and I had live music every night. Years later, I’m doing a Broadway show, Bullets Over Broadway, Woody Allen play [about a playwright whose first Broadway play is financed by a gangster]. I’m down in the pit, I’m talkin’ to Nicky Codero who’s playin’ Cheech—I was playin’ his boss in the play. And I said, “I think I want to put a band together again.” I said, “I think I’m gonna get in touch with all my guys from The Crazy Horse and play again.”And he says, “What’re you gonna call it?” I says, “I don’t know, what’d you think?” And he looked around because everybody was dressed like gangsters. He said, “Call it Gangster Squad.” Plus, there’s a movie out with Sean Penn called The Gangster Squad.L4LM: So what’s a Big Pussy’s Gangster Squad show like?VP: Lot of people come ’cause they wanna meet me. And then they’re kinda surprised that I got the best musicians backin’ me up. I got Al Orlo [guitar], Eddie Denise [bass], Frank Pisani [keys], the Baron [Baron Raymonde] on sax. Charlie Powers [drums]. So it’s not about me, it’s about the musicians. They all sing, with the exception of Al. So it’s a show, you know?So we open up with “Green Onions” and then I come out and I do my thing. And then I start talking about the guys in the band and how we all got together back in the eighties and we’re still together, and who’s playing with Dion and who’s playing on Broadway, who plays with Jackson Browne. Each one of those guys knock out a song, man. They sing and I stand there and I shake a tambourine or do background vocals. But I wind up singing about six songs throughout the whole show.L4LM: What kind of stuff do you play?VP: We do the stuff I grew up on. You know, ’60s, ’70s, ’80s. We don’t go into the ’90s. I think that’s when the music died. I didn’t know one person except for Queen Latifah and Lenny Kravitz at the MTV awards the other night. And the Jonas Brothers. I didn’t know nobody.Who else was a person I knew? Taylor Swift. Andrea Grandy? [Editor’s note: a pretty solid attempt at Ariana Grande]. But I don’t know those other guys. They got all these kids! I mean, but I’m 73 years old, whatta ya want? I’m an old bastard. So we don’t go up and play that kinda music. We play Rolling Stones. We play a lot of Van Morrison, Bob Marley. You know, that kinda stuff.L4LM: Is that the kind of music you’d have at The Crazy Horse back in the day?VP: Yeah, yeah. It’s almost like to me, when I’m up there workin’ with the guys, my mind steps back. I go back in time. ‘Cause I’m lookin’ at these guys and all we did was just get older, but we’re still together. So here I am, 73 years old. Am I still livin’ in the ’80s? Maybe. Maybe. Maybe once a week, twice a week…whenever we play, yeah!L4LM: How did this show at Garcia’s on September 5th come together?VP: I met Peter [Shapiro], who owns the Brooklyn Bowl, at The Capitol [Theatre] when The Rascals came in. I think The Rascals were one of the first acts in the new Capitol when Peter took over. I met him through [Sopranos co-star and E Street Band guitarist] Little Steven [Van Zandt]. Then, when I was with Peter at the Brooklyn Bowl with Little Steven, I said “you know, I got a band.” He said, “Well, why don’t you play the Garcia’s?” He put that in my head. So I went up there and I booked the show, but had to cancel ’cause I got a movie. So now I’m back and we’re on time and we’re there, everything’s good. I don’t have a movie. Thursday night, 8 o’clock. We’re gonna have fun. Two sets of good rock n’ roll.Grab your tickets here to rock with Big Pussy’s Gangster Squad at Port Chester, NY’s Garcia’s on Thursday, September 5th.
On Saturday, May 30th, over 70 artists and thousands of fans came together for Quarantine Comes Alive, a virtual music festival that raised over $150,000 for artists and various charities via the comprehensive PLUS1 COVID-19 Relief Fund.The 15-hour live-stream marathon featured new contributions by an array of amazing artists from around the world, though there was perhaps no band more well-represented than nine-piece power funk outfit Turkuaz. In addition to the full, five-song remote Turkuaz set, both frontman Dave Brandwein and vocalist Shira Elias delivered equally impressive solo sets of their own and bass saxophonist Josh Schwartz got in on some virtual improvisation with Everyone Orchestra. Brandwein also sat down for an interview with event host Ari Fink about how he’s spending his time in quarantine, the genius of Prince, and the recording of his various contributions to Quarantine Comes Alive. Watch Dave Brandwein’s conversation with Ari Fink below:Quarantine Comes Alive – Dave Brandwein (Turkuaz) Interview with Ari FinkToday, we’re rolling out a compilation of the Turkuaz, Dave Brandwein, and Shira Elias sets from Quarantine Comes Alive, giving fans a chance to relive the Turkuaz Takeover in all its glory. [Note: This block during on May 30th also included a special Dopakuaz performance featuring Brandwein backed by Dopapod. Keep an eye out for that video in the next few days.]First, Turkuaz’s well-edited performance allows each member to deliver their respective parts for “Mister Man”, “The One and Lonely”, “Big Business”, “Digitonium”, and “Monkey Fingers” from their various home quarantine locations. Though the nine members were playing from different places, the virtual performance still managed to capture the boundless energy and excitement of a live Turkauz show—down Shira Elias and Sammi Garett‘s symmetrical choreography.“We’re doing a quarantine set here, where everybody is in their own homes. It really is all us playing the music, it was really, really cool to do that,” Brandwein told the SiriusXM host before the set. “To play on top of each other and listening to each other, reacting, that’s something we haven’t experienced for quite a long time now. We had some fun with it—did a few extra things here and there that you’ll see. … It’s five songs, five Turkuaz songs, and these versions are just for Quarantine Comes Alive only.”Next up is the world premiere of a new, as-yet-unnamed solo project from Dave Brandwein. As Dave explained to Ari during the pre-set interview, “I have a lot of projects that I do, but this one, in particular, is songs that I’ve been writing for the last 10… honestly, sometimes into 15 years. End of high school, beginning of college, things I was playing around with. And finally, when I built the newest studio here in the basement about three years ago, I started recording those songs. But it was so slow because of all the touring and I was kind of creeping along. I didn’t have any plans of when it was gonna get released, kinda just doing it for fun. As we discussed, with the time on my hands here, I finally decided, ‘Let’s make a record out of this.’ So, it’s an untitled project. It’s just me, solo—for now—and I actually play all the instruments in the videos for the two songs. So we cut that together but, again, it was truly made just for Quarantine Comes Alive.”Before closing on the topic, however, Brandwein offered up a disclaimer to Turkuaz fans: “It’s not like Turkuaz, I do want to warn people. It’s very different! It’s kind of like the stuff I grew up listening to before I got into funk and that whole side of things. … I’ll let it speak for itself, but I think everyone’s gonna like it regardless. Not funk, but I’m really proud of it, so I hope everyone enjoys it.”Dave’s hopes were met with ease when his artfully-edited, two-song set finally aired. Though it was filmed entirely by Dave’s wife/Turkuaz creative director Dani Brandwein on an iPhone in their home studio, the segment has the vibe of a much more heavily-produced creation. The first of two songs, “Looking High”, showed off Brandwein’s affinity for folk and Americana, while the incredibly catchy “Hallelujah Now” moved more toward the indie-rock end of the stylistic spectrum with its self-reflective themes and anthemic chorus. Now that we’ve gotten a taste, we couldn’t be more excited for the full project to officially arrive this fall.Following Brandwein’s solo project debut, the Turkuaz Takeover block closes out with a Shira Elias & Friends performance. While the camera stayed trained on Shira throughout the performance, her backing band featured a slew of familiar names. The first track, “NAH”, featured a backing track performed by The Nth Power’s Nate Edgar (bass) and Nick Cassarino (guitar), Trey Anastasio Band’s James Casey (sax), TAUK’s A.C. Carter (keys), and MEGA (production). The studio version of the funky groove was recently released as the first single off of Shira’s debut solo EP, GOODS. From there, Shira enlisted the help of MEGA (drums) and The Motet keyboardist/talkbox master Joey Porter for a moving and appropriate rendition of Stevie Wonder‘s “Love’s In Need Of Love Today”.You can revisit the full Turkuaz Takeover block below. If you enjoyed the performances, the band asks that you make a donation to progressive nonprofit civil rights advocacy organization Color of Change. Quarantine Comes Alive – Turkuaz Takeover Compilation (Sets by Turkuaz, Dave Brandwein, & Shira Elias)[Video: Live For Live Music]Presented by Live For Live Music in partnership with PLUS1 and Nugs.TV, Quarantine Comes Alive was conceived as a way to celebrate and support musicians, provide fans with unique musical experiences from the comfort of their couches, and raise money for comprehensive COVID-19 relief during this time of uncertainty. All funds raised from the donation-based event will be split evenly between the artists on the bill and the PLUS1 COVID-19 Relief Fund, which works directly with leading non-profit organizations like Sweet Relief, MusiCares, Center for Disaster Philanthropy, World Central Kitchen, Partners In Health, Trans Lifeline, and Backline to provide aid where it’s needed most. For more information, head here.
UPDATE: Due to overwhelming demand, Warren Haynes has extended his socially distant run of shows at Morris, CT’s South Farms to include five total dates. Following the first two dates on September 12th and 13th which quickly sold out, Haynes and special guest/Gov’t Mule bandmate Danny Louis will perform three additional shows at the outdoor CT venue on October 1st, 8th, and 15th. Tickets for the newly added shows go on sale on Tuesday, August 1st here.As Haynes noted about his newly extended “Twilight Concerts On The Farm” run,Like everyone else I’ve been jonesing to play live in front of an audience but was in no hurry to thrust myself, or my audience, into the wrong situation. After speaking with some friends who just played at South Farms and had great experiences, I was ready to move ahead. Due to the quick sellout of the first two shows, we’ve decided to add some more since the venue is close to home and I don’t foresee hitting the road anytime soon. I’m looking at these added October shows as our “Fall Tour.” The opportunity to play multiple nights, along with Danny, who I’ve been playing music with for well over 20 years, is especially exciting and full of amazing possibilities. [8/25/20]: Warren Haynes has announced that he will return to the stage on Saturday, September 12th and Sunday, September 13th at South Farms in Morris, CT with Gov’t Mule bandmate Danny Louis as part of the venue’s “Twilight Concerts on the Farm” series, which was created with both safety and the overall concert experience in mind and at the forefront.As Haynes’ team explained in the shows’ announcement,For those of you not keeping score, it will have been over 6 months since Warren last performed publicly. For these 2 special shows, Warren will be joined by his Gov’t Mule bandmate Danny Louis during portions of each night’s 2 set performance. Saturday’s show will start at 7p (gates at 5p), while Sunday’s times will be an hour earlier allowing for, hopefully, a perfect sunset performance. Located on over 10 acres of manicured farmland, the venue boasts a beautifully structured grid layout, adhering to public health guidelines while still maintaining the intimacy of live concerts. The vast spacing and outdoor conditions (open air) help reduce potential transmission and encourage social distancing.Concertgoers can purchase an 8’x8’ grid which is surrounded by an additional Social Distance Grid along with aisle spacing. Each Grid is designed for two guests and is offset to maximize stage view, and each ticket grants entry to two people. Grids cannot be merged and it is required to watch the performance from your designated area. Guests are welcome to bring lawn chairs and blankets for comfortable seating and enjoying the farm field. Outside food and beverages are prohibited. Food trucks and a full bar will be available on site.The shows will comply with the most current health and safety standards per state regulations and local jurisdictions in order to protect guests, artists, crew and staff. Face masks are mandatory when entering, exiting, and traveling throughout the venue to restrooms or concession areas. Masks are not required while in Guest Grid, however in accordance with Executive Order No. 7NNN: “Effective immediately, any person in a public place in Connecticut, whether indoors or outdoors, who does not maintain a safe social distance of approximately six feet from every other person shall cover their mouth and nose with a mask or cloth face-covering.”Hand sanitizing stations will be dispersed throughout the venue. High-touch areas such as door handles, counter surfaces will be regularly and consistently disinfected throughout the show. Restrooms will be cleaned and restocked regularly throughout the show. Everyone entering the venue, including guests, artists, crew and staff will be health checked including a temperature check and short questionnaire. Masks and gloves will be available upon request. Per State order, the venue has a reduced capacity of 25% – making tickets extremely limited.An artist pre-sale for tickets to the outdoor Warren Haynes shows with Danny Louis in Connecticut will begin on Wednesday, August 26th at 9 a.m. ET. To access the pre-sale, head here and use the code “OLDFRIEND”.For a full list of upcoming shows at the Morris, CT venue, head here.
AddThis Sharing ButtonsShare to FacebookFacebookFacebookShare to TwitterTwitterTwitterShare to EmailEmailEmailShare to RedditRedditRedditShare to MoreAddThisMoreTwo species of prairie butterflies which have vanished from many areas of the midwestern United States have been granted protection under the Endangered Species Act.The U.S. Fish and Wildlife Service, in a statement Thursday, said the Dakota skipper and the poweshiek skipperlings, have been given the protection, which becomes effective Nov. 23.Surveys indicate the Dakota skipper’s numbers have declined in almost 75 percent of the sites where it was previously found. and poweshieks have vanished from about 96 percent of the sites where they were once found and now only are found in Wisconsin, Michigan and Manitoba.(READ the story from the Bismarck Tribune)Painted Butterfly photo by Lori Taggart AddThis Sharing ButtonsShare to FacebookFacebookFacebookShare to TwitterTwitterTwitterShare to EmailEmailEmailShare to RedditRedditRedditShare to MoreAddThisMore
Disciplinary Actions Prepared by The Florida Bar’s Public Information and Bar Services Department August 15, 2009 Disciplinary Actions August 15, 2009 Disciplinary Actions The Florida Supreme Court in recent court orders disciplined 47 attorneys.The following lawyers are disciplined: Guy B. Bailey, Jr., 3250 Mary St., Suite 100, Miami, disbarred, effective June 13, following an April 23 court order. (Admitted to practice: 1966) Bailey issued trust account checks to a client that were returned because of insufficient funds. He also failed to preserve client funds in accordance with Florida Bar rules regulating trust accounts. (Case No. SC09-698) Scott Wilson Barger, P.O. Box 228654, Miami, disbarred, effective immediately, following an April 23 court order. (Admitted to practice: 2002) Barger failed to preserve and apply client funds entrusted to him for a real estate transaction. (Case No. SC09-630) Charles Behm, P.O. Box 10, Pomona Park, suspended for 91 days, effective 30 days from an April 23 court order. (Admitted to practice: 1999) Behm’s handling of two guardianship cases was incompetent. His pattern of behavior caused delays in the cases as well as additional costs for the clients. Behm failed to respond in writing for 19 months to the Bar’s inquiries about allegations against him. (Case No. SC08-85) Marni Blayne Belkin, 777 E. Atlantic Ave., Suite C2-249, Delray Beach, suspended until further notice, following an April 27 court order. (Admitted to practice: 1998) In January, Belkin pleaded guilty in federal court, to one court of conspiracy to file a false loan application, a felony. (Case No. SC09-720) Elizabeth Aileen Broome, 1004 E. Jackson St., Pensacola, disbarred for five years effective immediately, following a June 18 court order. (Admitted to practice: 1988) Broome was further ordered to pay restitution in the amount of more than $45,000 to 14 clients. In January, Broome was felony suspended by the Bar. She was found guilty in court of 13 counts of grand theft. In several instances, Broome took legal fees but failed to provide legal services. She also misappropriated and commingled client trust funds. ( Case Nos. SC07-206, SC07-1386, SC07-2282 and SC09-62). Diane P. Caggiano, 5 Houghton Road, Hyannis, Mass., suspended for one year, effective 30 days from a May 28 court order. (Admitted to practice: 2000) Caggiano was also a member of the Massachusetts Bar. In three separate instances, Caggiano failed to properly represent clients. She failed to communicate with clients, ignoring letters and not returning calls. In one case, Caggiano failed to inform her client that the claim against one defendant had been dismissed, that a motion for summary judgment had been filed or that she had possibly sued the wrong defendants. (Case No. SC08-1372) J. Rod Cameron, 5089 Highway 90, Pace, received a public reprimand following a May 14 court order. (Admitted to practice: 1996) Cameron failed to properly represent a client in a worker’s compensation suit in 2003. When the client died a year later, the case had not yet been settled. Cameron mistakenly believed that he was entitled to pursue the case on behalf of the estate and the personal representative. (Case No. SC08-1766) A. Clark Cone, 8607 Wendy Lane E., West Palm Beach, disbarred for five years effective immediately, following a May 14 court order. (Admitted to practice: 1981) Cone was suspended by the Florida Supreme Court in March. Cone misappropriated thousands of dollars in client funds, he intentionally made false statements to The Florida Bar during the course of a disciplinary investigation, failed to communicate with clients, and failed to respond to the grievance committee’s subpoena. (Case Nos. SC08-946 and SC09-614) Gregory R. Deal, 312 W. Graham Park Circle, Haines City, disbarred effective immediately, following a May 28 court order. (Admitted to practice: 1971) Deal was placed on emergency suspension in January by the Florida Supreme Court. Deal used client funds for his own purposes and he improperly commingled attorney and client funds to prevent his former wife from obtaining funds to which she was entitled. In October 2008, Deal’s trust account had a shortage of more than $65,000, created by Deal writing checks to himself. (Case No. SC09-163) Ryan Thomas Dosen, 108 Twin Creek Lane, Kennett Square, Pa., suspended until further order, following a June 30 court order. (Admitted to practice: 2004) According to the emergency suspension order, Dosen appeared to be causing great public harm by misappropriating and/or diverting funds entrusted to him. The Florida Bar’s investigation indicated that Dosen engaged in numerous fraudulent real estate transactions. (Case No. SC09-1102) Peter Dale Fellows, 99 WNW 183rd Street, Suite 130A, Miami, received a public reprimand following an April 23 court order. (Admitted to practice: 1999) Fellows is further ordered to attend ethics school. Fellows was retained in October 2005 to represent clients in a lawsuit but he failed to maintain adequate communication with them. The couple subsequently hired a new attorney after being dissatisfied with Fellows and the progress on the case. (Case No. SC09-653) Philip Frank Filosa, 2396 Jasmine Way, North Port, suspended for 90 days, effective 30 days from a June 4 court order. (Admitted to practice: 1992) In October 2008, Filosa received a public reprimand in Massachusetts, where he was also a member of the bar. Filosa prepared a document that resulted in him receiving a substantial bequest from a person to whom he was not related. The Supreme Court of Rhode Island censured Filosa in November 2008 based on the Massachusetts sanction. (Case No. SC08-2214) Brooke Eugene Fisher, 500 S. Australian Ave., Suite 600, West Palm Beach, disbarred effective immediately, following a July 2 court order. (Admitted to practice: 1990) Fisher was placed on emergency suspension in September 2008. Based on three separate complaints, a Florida Bar investigation and audit found substantial shortages in the trust account and the intentional misappropriation of client funds. (Case No: SC08-2211) Andrew Stuart Forman, P.O. Box 47121, Tampa, suspended until further order, following a June 4 court order. (Admitted to practice: 1983) According to the emergency suspension order, Forman has caused serious harm to the public. He represented a small business lending corporation, receiving $308,000 in trust to be used to fund a bid at a foreclosure sale. The client was not the successful bidder, so the money was not used and should have been returned. Forman removed the money from his trust account and failed to return the funds to his client. (Case No. SC09-875) Mitchell Eric Fox, 950 S. Pine Island Road, Suite A15, Plantation, suspended until further order following a May 20 court order. (Admitted to practice: 1988) According to the emergency suspension order, Fox appeared to be causing great public harm. The Florida Bar’s compliance audit based on eight complaints found that Fox misappropriated client funds, commingled his own funds with funds held in trust and failed to maintain minimum trust account records. (Case No. SC09-811) Howard Seth Gaines, 2901 Clint Moore Road, PMB 271, Boca Raton, suspended until further order, effective 30 days from an April 16 court order. (Admitted to practice: 1978) In December 2008, in U.S. District Court, Gaines was found guilty of one count of conspiracy to commit mail and wire fraud and two counts of mail fraud, felonies. He was sentenced to eight years in prison and ordered to pay restitution of $422,465 to three victims. (Case No. SC09-681) Mark S. Gallegos, 9130 S. Dadeland Blvd., Suite 1209, Miami, reprimanded and placed on probation for one year, effective immediately, following a May 21 court order. (Admitted to practice: 1983) Gallegos is further ordered to pay restitution in the amount of $1,000 to one client and attend ethics school. Gallegos was retained in January 2005 to represent a client in connection with an apartment complex condominium conversion. He was paid a $2,000 deposit in accordance with the retainer agreement, but thereafter, repeatedly neglected to communicate with the client. (Case No. SC08-1818) Delmer C. Gowing III, 6711 N. Ocean Blvd., Apt. 12, Ocean Ridge, suspended until further order, following a June 2 court order. (Admitted to practice: 1989) According to the emergency suspension order, Gowing appeared to be causing great public harm. Gowing represented a client in arbitration proceedings. A Florida Bar audit revealed that in October 2008, award checks totaling $33,679.98 were issued to Gowing for the client. He deposited them into his operating account instead of his trust account and failed to provide the client with all of the client’s settlement proceeds. Gowing is charged with misappropriating client funds. Shortages in his trust account ranged from $20,000 in September 2006 to $67,930 in January 2009. (Case No. SC09-885) Caryn S. Grainer, 1930 Harrison St., Suite 503, Hollywood, reprimanded following an April 23 court order. (Admitted to practice: 1980) In October 2005, Grainer filed on behalf of her client a motion to set aside mediation agreement. Grainer alleged that she had a good faith basis for filing the motion, but the court found that she acted in bad faith and awarded attorneys fees in the amount of $15,368.95 — $7,684.47 of which was to be paid by Grainer personally. Grainer did not pay any of the sanction entered against her, but voluntarily submitted to a deposition and filed a financial affidavit. She offered a payment plan to opposing counsel, but he declined and sought a judgment instead.(Case No. SC09-697) Scott Marshall Greenbaum, 200 S.E. 18th Court, Ft. Lauderdale, disbarred for five years, effective immediately, following a June 4 court order. (Admitted to practice: 2003) In December 2007, Greenbaum was placed on suspension for six months and probation for three years. He failed to comply with the terms of those sanctions. Greenbaum also failed to notify his clients of the suspension as required. (Case No. SC08-780) Kathy B. Gregg, 121 S. 7th Avenue, Wauchula, reprimanded following a June 18 court order. (Admitted to practice: 1979) Gregg is also ordered to attend ethics school. In fall 2007, Gregg accepted $1,500 as a retainer from a client on military duty. She failed to respond to the client’s numerous e-mails or telephone calls requesting the status of his case until July 2008 when the client filed a grievance. During the Bar’s investigation, Gregg admitted that she commingled the client’s deposit by placing it into her operating account. (Case No. SC09-194) Kenneth James Hamel, P.O. Box 161717, Miami, disbarred effective immediately, following an April 23 court order. (Admitted to practice: 1993) Hamel represented a buyer in a real estate transaction. Hamel advised the seller’s attorney on more than one occasion that he held a deposit of $50,000. Hamel did not have the deposit and thereafter agreed as a part of a settlement in subsequent litigation to personally pay the seller the $50,000. Hamel never paid the seller. As a result of The Florida Bar’s investigation, Hamel was served a subpoena to appear and produce bank records. Rather than comply with the subpoena, Hamel chose instant disbarment. (Case No. SC09-650) Gary John Hausler, 6302 Trail Blvd., Naples, suspended until further order, following a May 21 court order. According to an emergency suspension order, Hausler had caused or was likely to cause serious harm to his clients and/or to the public. (Admitted to practice: 1984) Hausler was entrusted with $80,000 by clients for use in making a mortgage loan. Hausler admitted to using the money for a personal obligation without his clients’ permission. (Case No. SC09-855) Dennis Hernandez, 3339 W. Kennedy Blvd., Tampa, suspended for 90 days, effective 60 days from the date of a May 14 court order. (Admitted to practice: 1992) Hernandez is further ordered to attend ethics school and pay restitution in the amount of $19,766 to six clients. Hernandez did not adequately supervise his employees to ensure their compliance with rules of professional conduct. In at least two instances, a client met with an associate and a nonlawyer employee whom the client thought to be an attorney. On a section of his firm’s Web site titled “Our Attorneys,” Hernandez listed the names and biographies of several people who were not Florida lawyers. Hernandez may have also billed some non-lawyers on cases at the firm’s attorney rates of $200 to $300 per hour. (Case Nos. SC07-973 and SC07-1262) Thomas Lemeul Hurst, 822 NE 96th Street, Miami, suspended for 91 days, effective 60 days from a May 7 court order. (Admitted to practice: 1972) In June 2002, Hurst was appointed as the personal representative of an estate. A year later, one of the heirs requested full disclosure of assets and expenditures from the estate, but Hurst never responded. In July 2005, the court entered an order of dismissal of the probate case due to Hurst’s failure to properly administer the estate. (Case No. SC08-1567) Robin Peter Jung, 7194 Augusta Blvd., Seminole, suspended effective 30 days from a June 15 court order. (Admitted to practice: 1990) In February, Jung pleaded guilty in circuit court to possession of cocaine, a felony. (Case No. SC09-1005) J. A. Jurgens, 900 Fox Valley Drive, Suite 100, Longwood, suspended until further order, following a June 22 court order. (Admitted to practice: 1987) According to an emergency suspension order, Jurgens appeared to be causing great public harm by misappropriating funds held in his trust account. The Florida Bar’s investigation indicated that Jurgens took client funds from his trust account and used them for his own personal purposes. (Case No. SC09-1004) Mark Kevin Koenig, 7711 N. Military Trail #208, Palm Beach Gardens, disbarred effective 30 days from the date of a June 18 court order. (Admitted to practice: 1986) Koenig accepted an excessive fee to represent a client in a murder case for which he was not qualified. He also held trust funds from settlement proceeds belonging to several clients, but failed to pay their medical bills to a particular company. When inquiries were made by the company regarding the outstanding bills, Koenig failed to respond. A Florida Bar audit determined that Koenig had shortages in his trust account and had intentionally misappropriated funds. (Case No. SC07-957) Steven Curtis Lawson, 746-R N.E. 3rd Ave., Ft. Lauderdale, disbarred effective immediately, following a May 14 court order. (Admitted to practice: 2000) Lawson abandoned representation of an incarcerated criminal defendant and he failed to respond to calls and letters from the judge handling the case. (Case No. SC08-2396) Joseph S. Lefrak, 18 E, 48th St., Fl 10, New York, N.Y., suspended until further order, following an April 15 court order. (Admitted to practice: 1978) According to the emergency suspension order, Lefrak appeared to be causing great public harm. In New York, Lefrak was disbarred for his alleged improper refusal to release estate funds due a client; commingling of client funds, and refusal to respond to a judicial subpoena. In addition, after Lefrak’s emergency suspension in New York, before his disbarment, two checks from his attorney escrow account were returned for insufficient funds. (Case No. SC09-640) Oscar Summer Mayers, Jr., 902 Spring Knoll Drive, Herndon, Va., suspended for 18 months, effective retroactive to September 4, 2008, following a May 28 court order. (Admitted to practice: 1986) In addition to having membership in The Florida Bar, Mayers was a member of the District of Columbia Court of Appeals. In March, Mayers was disciplined by the court for misconduct pertaining to a child support proceeding. Mayers admitted to altering a check and making a false statement to the court. In January 2005, he pleaded guilty to misdemeanor charges of failing to pay child support. Mayers failed to timely notify the Bar of the discipline. (Case No. SC08-2119) Darin Wade Mellinger, 1200 N. Federal Highway, Suite 200, Boca Raton, publicly reprimanded following an April 23 court order. (Admitted to practice: 2001) In October 2006, Mellinger began representation of a client and his company in a real estate contract. On at least one occasion, Mellinger told the seller’s counsel that he was holding $25,000 in escrow, when in fact, the check had been returned by the bank for insufficient funds. Following a breach of contract and failure of further negotiations, the sellers sued the client and his company as well as Mellinger’s law firm. (Case No. SC09-631) Lisa Metellus, 810 S. State Road 7, Plantation, disbarred effective retroactive to January 3, following a May 28 court order. (Admitted to practice: 2000) Further, Metellus shall pay restitution in the amount of $74,375.74 to one client. Metellus misappropriated client funds. In April 2008, Metellus issued a check to a client in the amount of $74,375.74 for a divorce settlement. The check was returned for insufficient funds. The Bar’s audit found that a $75,000 divorce settlement check for the client was deposited into Metellus’ trust account on December 12, 2007. As of March 31, 2008, Metellus’ trust account was overdrawn by more than $4,000. (Case No. SC08-2451) William L. Mims, Jr., 4437 Koger St., Orlando, suspended for 91 days following a June 4 court order, consecutive to a 91-day suspension ordered in February. (Admitted to practice: 1983) Mims was the attorney for a legal aid pro bono case, but he failed to perform his duties or communicate with the client. He subsequently failed to file a motion to withdraw from the representation and failed to communicate with the court. In another matter, Mims failed to diligently pursue settlement of an estate, nor did he timely respond to the Bar’s inquiries into the matter. (Case No. SC09-362) David Mogul, 3085 Saint James Drive, Boca Raton, suspended for 90 days, effective retroactive to Nov. 2, 2008, following a May 14 court order. (Admitted to practice; 1983) Mogul is further directed to attend a trust accounting workshop. Mogul commingled personal funds with client funds in his trust account and did not maintain minimum required trust account records or procedures. He used personal funds placed in his trust account for payment of his own personal expenses, including fees related to his divorce case and the purchase of a boat. (Case No. SC08-2240) Barry Roy Nager, 5703 Red Bug Lake Road, PMB 211, Winter Springs, disbarred effective 30 days from the date of an April 1 court order. (Admitted to practice: 1959) On August 30, 2007, Nager was suspended for 90 days, effective October 1, 2007. Reinstatement would have been automatic after 90 days. The court’s order required that Nager accept no new business until reinstatement. Nager did not properly notify his clients of the suspension; while suspended, Nager sought to accept new business and he practiced law. (Case Nos. SC07-2085 and SC08-387) Tashi Iana Richards, 7920 N.W. 6th St. #205, Pembroke Pines, suspended until further order, following a June 22 court order.(Admitted to practice: 2004) According to the emergency suspension order, Richards appeared to be causing great public harm by the misappropriation of client trust funds or property. A Bar audit found that Richards failed to hold in trust $13,000 received from a client. As of October 31, 2008, Richards’ trust account balance was $.01. The audit further concluded that Richards failed to maintain minimum trust account records. (Case No. SC09-1028) Ronald Thomas Rider, P.O. Box 134, Fort Pierce, disbarred for 10 years, effective immediately, following a June 18 court order. (Admitted to practice: 1988) An audit of Rider’s trust account found that Rider misappropriated client settlement funds; in some instances, he failed to communicate with clients regarding their settlements; he failed to respond in writing to the Bar’s investigative inquiry and he closed his law office without advising the Bar of a change of address. (Case No. SC09-15) Karen Marie Smith, P.O. Box 4935, Winter Park, disbarred for five years, effective immediately, following a June 25 court order. (Admitted to practice: 1991) In numerous instances, Smith failed to pursue her clients’ cases. She failed to communicate with clients and the courts and failed to timely file required paperwork. Smith abandoned her solo practice without prior notice and without taking steps to protect the interests of her clients. She was indefinitely suspended in June 2008 for failure to comply with a grievance committee subpoena. (Case Nos. SC08-1349 and SC08-2289) Jack Willard Snyder, 9443 Turnberry Drive, Potomac, Md., suspended effective 30 days from a May 8 court order. (Admitted to practice: 1981) Snyder pleaded guilty in U.S. District Court in Maryland, to one count of knowingly and willfully making a false statement to a government entity, a felony. Upon taking a job with the National Institutes of Health, Snyder was instructed to cease his litigation consulting business. He continued to operate the business and earn outside income. As a federal employee, Snyder was required under law to seek approval for participation in outside activities and report any compensation he received. Snyder never informed his primary employer that he continued to operate the consulting business and received $589,450 in additional income from that job in 2003-2005. (Case No. SC09-817) Eduardo Rigoberto Soto, 999 Ponce De Leon Blvd., Suite 1040, Coral Gables, received a public reprimand following an April 23 court order. (Admitted to practice: 1990) Further, Soto shall pay restitution totaling $10,200 to two clients. In several instances in which Soto was retained to handle cases, he failed to communicate with the clients. (Case No. SC09-654) Leonard U. Stolar, 300 71st St., Suite 540, Miami, disbarred effective immediately, following an April 23 court order. (Admitted to practice: 1961) Stolar failed to preserve and apply estate funds in connection with a client’s estate. (Case No. SC09-651) Marvin Lee Stull, 1923 16th St. N., Saint Petersburg, suspended until further order, following a July 13 court order. (Admitted to practice: 1975) According to an emergency suspension order, Stull appeared to be causing great public harm. Stull used a deceased client’s debit card. In June, he was arrested for failure to appear in court. (Case No. SC09-1183) Peter David Ticktin, 600 W. Hillsboro Blvd., Suite 220, Deerfield Beach, suspended for 91 days, following a May 21 court order. (Admitted to practice: 1991) Ticktin was involved in several representations and business dealings that constituted conflicts of interest. (Case No. SC07-369) Keith Wasserstrom, 5011 S. State Road 7, Suite 106, Davie, suspended for three years, effective retroactive to April 18, 2008, following an April 30 court order. (Admitted to practice: 1992) In February 2009, Wasserstrom was convicted of felonies in circuit court in connection with his position as a city commissioner in Hollywood. (Case No. SC08-525) Wilfrid M. Whitney, 4620 E. 1st Ave., Hialeah, disbarred effective immediately, following an April 23 court order. (Admitted to practice: 1983) Whitney misappropriated client trust funds in the amount of approximately $120,000. He also failed to provide legal services for which he had received a fee. (Case No. SC09-649) John A. Yanchek, III, 889 N. Washington Blvd., Suite B, Sarasota, suspended until further order, following a March 19 court order. (Admitted to practice: 1985) Yanchek committed perjury, a first degree misdemeanor in connection with a real estate transaction in which he acted as a closing agent and a title insurance agent. In three separate real estate transactions in which Yanchek acted as the escrow agent, he intentionally misrepresented to the sellers that deposit money was in his trust account, when in fact, he had not received any deposits from his clients. Yanchek also failed to timely file real estate paperwork and he failed to respond to the grievance committee’s request for documents. (Case No. SC07-1442) Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline.
Study: Low oxygen, inflammation predict critical COVID-19 illness, deathLow oxygen levels at hospital admission and signs of inflammation were the strongest predictors of serious COVID-19 illness and death in a prospective cohort study published late last week in BMJ.Researchers found that 2,741 (51.9%) of 5,279 people testing positive for COVID-19 from Mar 1 to Apr 8 were hospitalized in NYU Langone Health in New York City and Long Island. Of the 2,741 hospitalized patients, 1,739 (69.5%) were released from the hospital, 990 (36.1%) were critically ill, and 665 (24.3%) were released to hospice or died.Of the 990 critically ill patients, 647 (65.4%) needed mechanical ventilation, 102 (10.3%) needed intensive care but not mechanical ventilation, and 241 (24.3%) were released to hospice or died without receiving either intensive care or mechanical ventilation. Of the 647 patients (23.6%) needing mechanical ventilation, 391 (60.4%) died, and 170 (26.2%) were extubated or released from the hospital.Advanced age was the strongest predictor of hospitalization, with a double or higher risk for all age-groups older than 44 years and 37.9 odds ratio (95% confidence interval, 26.1 to 56.0) for those 75 years and older.Risk factors for hospitalization and critical illness also included heart failure, male sex, chronic kidney disease, and body mass index (BMI) greater than 40. But oxygen saturation at hospital admission of less than 88% and high levels of the inflammatory markers troponin, C-reactive protein, and D-dimer were more strongly linked to serious illness than age or underlying illnesses.Median length of hospitalization was 7 days for all hospitalized coronavirus patients and 36 days for those with serious illness. Of all hospitalized coronavirus patients, 94% have been released from the hospital to hospice or have died.The risk of serious illness and death declined during the study period, with the lowest risk in the last week, which “raises the possibility that familiarity with the disease, ongoing iteration of protocols and practices in response to observed outcomes, and initiation of new treatments might improve outcomes even in the absence of vaccination or regimens known to be effective,” the authors wrote.May 22 BMJ studyCOVID-19 cuts large swath of critical illness, death on West Coast, study findsThe likelihood of COVID-19 patients needing intensive care in Kaiser Permanente healthcare systems in California and Washington state was 40.7%, and the risk of death was 18.9%, according to a prospective cohort study also published in BMJ.As of Apr 22, 1,840 health system members were hospitalized with COVID-19, including 678 in northern California, 1,059 in southern California, and 103 in Washington. The case-fatality rate was 23.5% in men and 14.9% in women. Risk of death increased with age for both sexes, peaking at 37.3% in hospitalized patients 80 years or older.Men were more likely than women to require intensive care (48.5% vs 32.0%) and to die (23.5% vs 14.9%). Of the 1,328 people hospitalized by Apr 9 who had 14 days or more of follow-up at data analysis, median patient age was 61 years (range, 18 to 103), with 50% of them 48 to 72 years old, 4 (0.3%) younger than 20 years, 528 (39.8%) 65 years or older, and 162 (12.2%) 80 years or older; 741 (55.8%) were men. Probability of intensive care unit (ICU) admission was 48.5% for men and 32.0% for women.People infected with COVID-19 on Mar 1 were estimated to infect, on average, 1.39 to 1.54 other people. After public health measures were implemented, the number declined to less than 1, meaning transmission of the virus was slowing.Median length of hospitalization was 9.3 days among survivors and 12.7 days among those who died. Median length of ICU stay was 10.6 days.The long median hospital stay indicates that unmitigated transmission of the novel coronavirus could overwhelm US hospital capacity, as it did in Italy and New York City, the authors said. “Hospitals should ensure capacity to manage patients with COVID-19 in the coming months in a manner that is responsive to changes in social distancing or other pandemic mitigating measures,” they wrote.May 22 BMJ study Swiss study indicates children infrequently transmit COVID-19 to adultsA study today in Pediatrics looked at COVID-19 transmission dynamics in 39 Swiss family household clusters of illnesses and identified only 3 (8%) in which a child was the suspected index patient. The study suggests children most commonly contract the virus from adults, and not vice versa and could favor school reopening.The study was conducted Mar 10 through Apr 10 via Geneva University Hospital’s surveillance network, with 40 children under the age of 16 diagnosed as having COVID-19. Household contact (HHC) information was collected for 39 of those cases. Only 3 households reported having a child with symptom onset preceding any illness in adults. No patients identified in the study required intensive care unit admission, and all saw symptoms resolve within 7 days of infection.”85% (75/88) of adult HHC developed symptoms at some point, compared to 43% (10/23) of pediatric HHC (p<0.001). Also, 92% (36/39) of mothers developed symptoms, compared to 75% (24/32) of fathers (p=0.04)," the authors wrote.In a commentary on the study, Benjamin Lee, MD and William V. Raszka, Jr, MD both of the University of Vermont Larner College of Medicine, write that the findings add to a small but growing body of literary that offer encouragement for school reopening. They note that data so far "provide early reassurance that school-based transmission could be a manageable problem and school closures may not have to be a foregone conclusion, particularly for elementary school aged-children who appear to be at the lowest risk of infection." May 26 Pediatrics study May 26 Pediatrics commentary
The New Mexico Environment Department (NMED) was notified by the U.S. Environmental Protection Agency (EPA) earlier today of a mine release into the Animas River north of Silverton, Colo. NMED News: Discharges observed Thursday from the Silver Wing Mine in southern Colorado caused discoloration of the Animas River. NMED is closely monitoring real-time data from the river in Colorado and New Mexico, which do not currently indicate any evidence of water quality impacts that could affect human health and the environment. NMED will provide additional information through its website and social media as it becomes available. EPA has not issued notice to close municipal drinking water supplies that use the Animas River, but the cities of Farmington and Aztec and Lower Valley Water Users Association have shut off water intakes to municipal drinking supplies in an abundance of caution.
Work will begin this week at the Rampion Offshore Wind Farm, in readiness for the first foundation installation in January. This will include clearing boulders on the seabed along the cable route and around each of the 116 foundation positions to allow safe and effective installation.Chris Tomlinson, E.ON Development Manager for the Rampion Offshore Wind Farm, said: “After five years in development, following successful consultation, consent and contracting, we’re delighted to be able to confirm that work will commence this week to prepare the seabed for turbine installation.“Assessment of the number of boulders is still underway but is likely to be in the thousands and up to six vessels will be on site to undertake the work over the next many months. Great efforts will be made to replicate the seabed as it is now and all boulders moved will be weighed and the new position recorded. Details of the new positions of the boulders will be made freely available to sea users. We will continue to issue Notices to Mariners to keep sea users informed of these works.”This coincides with work commencing onshore, with the first of 12 stages of the onshore project which started in early September to the south of the Upper Brighton Road, Worthing. Access points will be constructed first to allow construction of a haul road along the cable route. This will be followed by trenching works to lay the ducting for the cables, and finally, the reinstatement of the ground. Work will start on building the onshore substation in Twineham towards the end of September.“Throughout the Rampion project’s progress we’ve worked hard to keep the local community informed of our activities and over the last three months community events have been held at locations along the cable route in Lancing, Steyning, Henfield and Twineham, where we were pleased to be able to update over 500 local people of our construction plans,” added Tomlinson.When the turbines are fully complete in early 2018, the electricity cables will come ashore at the Brooklands Pleasure Park in Worthing and will transport power along 27km of underground onshore cable to the new substation at Twineham where it will be connected to the grid.During the planned 3 year offshore construction period it is estimated that around 250 to 300 jobs will be created. A workforce of up to 100 will be employed for the onshore cable route and around a further 40 to 60 people at the onshore substation during construction. Once the wind farm is commissioned and fully operational, it is envisaged that up to 65 full time permanent jobs will be created at the operations and maintenance base which will be advertised locally and will include two apprenticeship roles per year for at least three years.Approval has also been received from Lewes District Council Planning Committee for the wind farms operations and maintenance base at Newhaven Port. The design is expected to be finalised over the winter period with construction planned to commence later next year.The 400MW 116 turbine project being built by E.ON and the UK Green Investment Bank plc 13km off the Sussex coast will, when complete, provide enough electricity to supply the equivalent of around 300,000 homes and reduce C02 emissions of up to 600,000 tonnes a year.Image: Rampion Offshore Wind Farm
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