Disqualification Timeliness

A Philadelphia Judge raised the discussion of disqualification last July in a high-profile case involving a large consolidated tort claim. The story was interesting from multiple perspectives, including evidence, the Code of Judicial Conduct, and court rules. 

One of the firms involved in that litigation has sought to have the judge removed because of "his wife's employment history." Legal Newsline reported that the lawsuit alleges a medication is tied to cancer and that it is based on science that other judges have found lacking. 

Details on a Delaware dismissal are featured in a Wall Street Journal republication on PubMed describing "junk science" and "a debunking for the ages." It is fair to say that there are critics of the science underlying the litigation and that similar recovery has been pursued in various jurisdictions. 

The subject of evidence sufficiency has been addressed here before. See Daubert Better Explained (May 2016); Daubert's New Day (May 2019); and Daubert in the Courtroom (August 2019). Daubert is tough. I watched a young lawyer in a recent class struggle to build an excellent foundation for the objection. 

That student ultimately concluded not by asking to strike the offending, unscientific opinion(s), but by asking to strike the offending witness for lack of expertise. A subtle difference, but a critical point worthy of attention. 

The litigator's job is to convince the judge that (1) they have authority to act and (2) that they should act. Authority and imperative. But the Daubert objection is to the admissibility of expert opinion, not the qualification of the expert per se. The Student's efforts were solid, but the conclusion was a bit off-target. 

One of the great challenges of the Daubert analysis is that humans seek definitive answers. Whether expert scientific testimony is admissible in a given case often comes down to an answer lawyers dislike: "it depends." 

That "it depends" is part of the frustration. What it depends on is the other shoe that drops. What is the particular case about? What will the specific evidence demonstrate? What is its foundation, replicability, acceptance in the scientific community, and more? The analysis may be fact-specific, and the arguments may be unique to any particular case. 

But on to the effort to remove the judge. In this instance, the judge's wife is a partner in a law firm that represents "a defendant in only one of the 599 cases." Someone has taken testimony to establish that the spouse's income is not "directly related" to the "fees or income made from" that defendant. Nonetheless, one of the other parties has sought to disqualify the judge on the basis of his wife's employment/ownership at that law firm. 

The judge entered an order in April declining to step aside (disqualification). Westlaw Today reported in April 2026. A main theme in this is timeliness. The judge noted that the motion for him to be removed came "eight months after he disclosed his wife’s new job." The motion was apparently raised again in July and denied again. 

As an aside, "recuse" and "disqualify" are often used interchangeably. Nonetheless, they are not synonyms. See Lessons in Recusal and Disqualification (July 2017) and Bigfoot, Unicorns, and Predictability (February 2023). But I have noted before that Pennsylvania has distinctions. See Recusal Lessons from Pennsylvania (February 2018).

The judge's April order is brief and conclusory but has lengthy footnotes with various findings of fact. The Bressler Blog describes findings regarding the disclosure, the parties, and their counsel. Nonetheless, the conclusion seems focused on the timing. Notably, in Florida, a judge is not permitted to proceed to such fact-finding; see below.  This illustrates that the disqualification foundations depend on various state laws and regulations. 

Law.com (paywall) reported more recently that the judge was displeased with the repeated July efforts at disqualification (though mislabeled "recuse"). There is a suggestion by the judge that the efforts "may have crossed the line into violations of the conduct rules." Such a response in Florida might itself create the very level of conflict to compel the judge's removal. 

The reference to the "conduct rules" and allegations that the party's lawyer may have crossed a line is not a ruling on the four corners of the disqualification motion. Those allegations could be seen as a conflict between counsel and bench that justifies disqualification. 

In Florida, the disqualification of judges is addressed in the Rules of General Practice and Judicial Administration, Rule 2.330 (which is not applicable in workers' compensation by its own authority but which is applicable due to its adoption/incorporation in Rule 6.126 of the Chapter 60Q-6 Rules of Procedure for Workers' Compensation Adjudications).

The details in Rule 2.330(c) are notable. The rule requires a written motion, specific facts, and recitation of "the precise date when the facts constituting the grounds for the motion were discovered" by either the party or their attorney ("whichever is earlier"). That can be a critical point.

The criticality of the time disclosure is in Rule 2.330(g), which allows filing such a disqualification motion "within a reasonable time not to exceed 20 days after discovery by the party" (or attorney, "whichever is earlier") of the facts underlying the motion. The provision is specific and focuses on both the knowledge of the party and counsel. 

It appears the subject case has been ongoing for years. When did the attorneys learn of the judge's spouse and her employment? The implication seems to support that they learned if some 8 months prior to seeking relief. That might be excused in some settings, but 8 months does seem a long time. 

The other important provision is Rule 2.330(h), which limits the Florida judge's analysis to "only the legal sufficiency of the motion," adding that the judge "shall not pass on the truth of the facts alleged" (perhaps such as the spouse's income, involvement, sequestration, and more).

The Florida courts have consistently concluded that:

• A judge's "adverse ruling against" a party "is not a sufficient basis to warrant disqualification. See Pilkington v. Pilkington, 182 So. 3d 776, 779 (Fla. 5th DCA 2015).
• That a judge has "made several highly questionable rulings is not a basis for disqualification. see Eisenberg v. City of Miami Beach, 714 So. 2d 613, 614 (Fla. 3d DCA 1998)
• That "a trial judge has made an error of law is not a basis for disqualification.” (Barwick v. State, 660 So. 2d 685, 692 (Fla. 1995).

The bottom line is that a judge addressing such a motion must consider legal sufficiency and timeliness. Those topics should be paramount. If a motion fails on one or both counts, it should be denied. 

Inspiration or Fraud?

The world of Academia recently engaged in yet another debate about plagiarism. The Telegraph reported in July that a 37-year-old professor at Cambridge was publicly lauded and revered. His was a classic Horatio Alger story (Alger was known for the recurring theme of rags-to-riches). 

The challenges of plagiarism in academia are not new. See The Arms Race in Academia (March 2026); Plagiarism Now? (February 2025); Fallacy and Introspection (January 2024). Some are terrified of plagiarism; others seemingly not so much. 

This professor's rise is heroic in a way that might seem Hollywood. He was nonverbal and autistic until he was 11, and learned to read when he was 18. A mere 19 years after learning to read, he had earned his doctorate and become a professor at one of the most prestigious institutions in the world. 

He has now published his autobiography, which may have raised his public profile. Another result was some accusations of plagiarism, which have, in turn, resulted in allegations that seem akin to favoritism in a broad context. 

Seeking to end the debate, or to further malign the professor (pick your perspective), "The Telegraph identified more than 100 passages that are identical or nearly identical to a 2009 PhD thesis by" another university student. The professor's thesis mentions that other student 17 times but apparently does not attribute passages directly to that student's work (and/or perhaps is barely transparent paraphrasing). 

There were defenders also in the news. It is possible that they are true believers in the professor's work. Since graduating with his PhD, he has held "academic posts at the University of Roehampton, Durham University and the University of Glasgow" before more recently "taking up a similar post at Cambridge." Thus, if it is plagiarism, it was missed by many reviewers and institutions whose own credibility now rests with the professor's.

All of those institutions may be motivated to defend the professor for academic or emotional reasons. Their defense might be personal, tied more to their emotional response than The Telegraph's evidence. By the same token, the critics may likewise be so motivated by their own predisposition.

The Conversation contends that this instance may drive a deeper analysis of plagiarism, ghostwriting, originality, and "shifting standards." There are allegations now against his accusers and discussions of the merits or detriments of both originality and flattery (plagiarism). There is discussion of how the engagement of AI is intertwined in academia and beyond.

There may be broader lessons in the story. Those who have spent any time studying predisposition may immediately think here of Anchor Bias. Are those institutions clinging to their first conclusion—"no plagiarism"—because that is true or because that was their first conclusion upon interviewing and hiring? This is similar to the Primacy Effect. 

Another predisposition that may be at play is the Confirmation Bias. This leads us to "search for and recall information in a way that confirms or supports one's prior beliefs or values." This one is a bane of litigators and physicians alike. We form working themes, solutions, or diagnoses, and then we unconsciously interpret and judge incoming data with a tendency to believe that which reinforces our prior conclusions, while doubting anything contradictory.

Another potential bias is the Fading Effect Bias. This leads us to have stronger memories of positivity than negativity. The Fading Effect may make us more prone to believe a story or subject that evokes strong emotional positivity. What is more positive than a good Horatio Alger hero? The professor's book is said to describe "his improbable triumphs and heartbreaking setbacks." We are all inclined to root for the underdog. It is heartwarming to see triumph and success from adversity and challenge.

There is also a tendency to accept facts or outcomes that are "believable rather than because they are logically valid." This Belief Bias may lead us to favor conclusions that are consistent with our "personal worldview." If our worldview includes a belief that certain people or groups are oppressed or marginalized, then we may inherently tend to defend them regardless of facts. 

And one might always need to remain aware of the dreaded Groupthink in which our conclusions are influenced by the number and volume of other voices. This is similar to Confirmation Bias, but with an emphasis on the inputs of our peers' voices or even the most predominant voices around us. 

The debate was interesting in a macro sense. Could blatant plagiarism survive the supposed or expected rigor of the academic world? Might a variety of professors have failed in this instance to identify 100 troublesome passages ("100 passages that are identical or nearly identical")?

In the same sense, might his achievements since then be flavoring the present analysis, either as confirmation or despite it? The former professor, notably, has claimed to have run "300 miles in three days and 600 miles in six days" among other worthy and altruistic feats. The Telegraph notes that some of those achievements have been "amended or deleted from biographies in recent months." It may instead have been "600 miles in 12 days," but how would one know for sure?

But, beyond the debate, the main interest of the situation is the opportunity to consider how the human mind reacts. The inherent predispositions discussed here, and many more, are featured in my free book Unseen Influence: Unconscious Predisposition in Dispute Resolution (2025). The serious litigator, physician, and mediator will take the time to peruse those potentials and better understand how their thoughts may be influenced. 

No sooner had the first Telegraph story broken than another accused the professor of falsifying the publication of a book. Very soon thereafter, Cambridge "announced an investigation," and the professor resigned, according to GMA. The professor asserted he was unfairly maligned; the critics claim academic misconduct, and the perspectives will likely remain polarizing. But the potential for our preconceptions to influence our personal perspective remains worthy of study. 

ABC News then reported in August that the former professor had been found unresponsive in South London. The news and social media feeds illustrated the devotion of his fans. The publisher of his book, Simon & Schuster, expressed belief that he was abused and undermined. The British prime minister commented. There were accusations of racism and even persecution. 

The world of academia will have to deal with the allegations that this particular alleged plagiarism was pursued out of racial animus. There will undoubtedly be comparisons to other plagiarism allegations. And it is possible that the various perspectives might be driven by evidence or predisposition. Time will tell. 

For the rest of us, the perils of plagiarism persist. We strive with software that helps detect it, AI that may proliferate it, and significant public spectrums of ambivalence, denial, denigration, and more. 

* Note that this situation is presented as represented in press reports. There is no intention here to dredge up this person's past for the sake of judgment or ridicule. This is a real-world situation that illustrates and highlights issues for consideration and analysis. 

The Flock and the Response

The ubiquity of surveillance cameras is not news. There are cameras everywhere. Even if you avoid those planted on poles, there are cameras in every phone, ATM, doorbell, and vehicle. I have suggested that these cameras are unavoidable. See Is Privacy Gone (January 2026) and the posts referenced there. 

Mashable claims there are about 128,000 of these cameras in use. One website lets visitors search an address or zip code to see how prevalent such surveillance is for them (I have 6 within a mile of my home, 13 within three miles). At the bottom of their map, the site provides a "Flock safety" meter that allows you to know their perceptions of coverage in a given area. In short, Florida has many. 

Truckers are reportedly learning this. Gadget Review reported in August that "No FMCSA (Federal Motor Carrier Safety Administration) regulation currently bars officers from using privately collected license plate reader data as evidence of vehicle movement." 

So, as drivers log their hours and interact with inspection stations and law enforcement, it is possible that discrepancies may appear. They may log their time driving, but it may be contradicted by a picture of their truck on the road during an "off-duty" time. Reportedly, those may evolve into "a log falsification citation." A day may come when AI will evaluate that as soon as a truck enters a weigh station. 

These cameras are collecting many photos. The Gadget Review says that "Flock's network captures over a billion vehicle passes per month." The company claims to "help clear 700,000 to one million crimes annually." Yes, cameras are ubiquitous.

ABC13 Houston reports that some Flock users essentially search all Flock data instead of focused searches. It reported that in one 30-day period, that broad process resulted in the Houston, Texas Police searching one Ohio county's data "over 71,000 times." The volume is intriguing. Could the cameras simply monitor us all, every minute, our position, path, and pace?

There are various newsworthy instances in which such video has played a role in catching and convicting criminals. BU Today mentions several examples, including "the murder of ... Ana Walshe, the Idaho murders," and more. Nonetheless, the ubiquity of cameras has not led to a suspect in the disappearance of Nancy Guthrie in February 2026.

These cameras have even been implicated in workers' compensation. TiffinOhio reported in July 2026 that state investigative agencies were "turning to Flock's AI-powered" cameras. It reported the cost to the Bureau of Workers' Compensation as $24,000 in 2025. There were no details provided as to how the Bureau uses those cameras and data.

Some speculate that the Flock system has not helped significantly in the Guthrie case because stolen or counterfeit license plates do not trigger alerts. Others speculate that sophisticated observers might readily adjust their routes to avoid those. Nonetheless, the variety of other potential video sources would suggest the probability of some video evidence.

These camera systems can be misused. A North Carolina officer was arrested for his alleged misuse of the Flock system. He was able to do so even though his police department did not own or operate such cameras, according to WLOS. Another outlet, WYFF, noted this was "a betrayal of the public's trust."

CBS Atlanta reported that a Habersham, Georgia officer was fired and arrested for using that county's Flock "system for personal purposes." This was allegedly related to tracking or locating someone the deputy had a "personal relationship with." Stalking with government acquiescence and help.

Gadget Review claims a man was tracked with the system by an "officer with a grievance" after the many spoke at a "town council meeting (and said) something inconvenient." It asserts there are "more than 50 agencies running hundreds of Flock searches tied to protest activity."

Such examples seem to be increasingly common. On the heels of the examples above, the Savannah, Georgia, police suspended "six employees ... after an internal audit identified potential misuse." These allegedly conducted "searches focused on personal acquaintances and family members." Such examples in the news likely lead to perceptions of "Big Brother" and feed distrust.

In August 2026, the Associated Press reported that Flock was responding to that parade of publicity with policy changes that include decreased retention of data and internal tools to make misuse more difficult. Critics were not mollified; one called it "window dressing." It is possible further legislative constraint will come.

AI is already enhancing the capability of such cameras. In 2024, the British Broadcasting Corporation (BBC) reported that "Thousands of motorists have been caught using their phone and not wearing seat belts." The volume of examples there suggests these cameras are both intrusive and effective. Of course, the BBC has had its own credibility issues, but they seem unrelated to this topic.

The use has been more widespread elsewhere. In Australia, there have been many fines for a passenger not wearing a seatbelt, being improperly restrained, holding an electronic device, and more. Citations have been issued, fining drivers significantly ($500), according to ABC News.

One driver also lost her license for three months. The "big brother" element is perhaps diminished by the requirement that a human review the infractions. Nonetheless, it is these cameras that are driving the enforcement. And they are everywhere.

In Santa Monica, California, artificial intelligence cameras are used to issue tickets to vehicles that park in bicycle lanes, Yahoo Tech reports. Los Angeles does similarly with those who "block bus lanes or bus stops."

The Tech article notes that Mississippi contracted in 2026 to employ similar Australian AI cameras. The motivation there was apparently to catch "the truck driver on his cell phone or children standing in the front seat." Safety first - laudable, but at what cost to civil liberty?

When the Mississippi official's motivation for the cameras came to light, "authorities (there) quickly decided to cut ties" with the camera company. A legislator noted that we are "waking up to the fact that we are in a nanny state" (tell that to my car that won't move until I buckle up, or amazingly strong packaging that frustrates any rational attempt to access items I have purchased.

The Tech article explains that these Australian cameras are very powerful and "smart." Their sophistication is one element of concern. Another is the potential that your picture, movement, and habits are being documented. The Australian company swears it does not "store any footage or data." Perhaps folks should simply trust that?

Some municipalities are cancelling contracts for existing cameras. The Record reports that Cambridge, Massachusetts, and Eugene, Oregon, have made those requests. Those officials were not quoted regarding the technology itself, but the Flock vendor in particular. One police chief reiterated he is "still a proponent" of such license plate-reading cameras despite his differences with the company.

What might one do to protect their privacy? The news notes people vandalizing Flock cameras in South Carolina, New York, Idaho, California, and more. Some will see vandalism; others will perhaps think of a massive waste of tea so many years ago. Many in America who have different perspectives and motivations. We may not understand them, but we must admit they are out there.

Futurism reported in July on a 77-year-old Floridian who noted his distaste for such surveillance. He was not arrested, but he also did not damage anyone's property. This man put a protest sign ("down with Flock Cameras") on his pool skimmer (a really long handle) and sat beside a Flock camera, essentially blocking its view. He was apparently questioned by the local constabulary, but not arrested. In the grand scheme of public disobedience, his approach is likely much smarter than destroying property.

The sum of all of this is that privacy has been threatened many times in our history. Electronics and technology like AI cameras, drones, and more are facilitating our exposure and their surveillance. This is all around us. As I noted before, there is little, if any, right to privacy out there in your community, the highway, or similar public areas.

The technology will continue to evolve. Capabilities will continue to improve. Government's ability to see into your life will remain a balancing act of public need versus public sentiment. The issues will likely never again be "can," but increasingly will be questions of "should."

https://www.yahoo.com/news/us/articles/georgia-crime-center-supervisor-got-190400892.html

Candor and Motions, Yet Again

I wrote several years ago about how lawyers can be persuasive and effective; see Candor, Omission, Persuasion (October 2021). One of the themes there was brevity balanced with necessary exposition. Another was the peril of telling a lie. Most lawyers will make a misrepresentation over the course of their career. 

That is not an indictment of their ethics or professionalism. That is simply the probability in a world of stress, facts, and litigation. Lawyers will make mistakes. That Candor post recognized that and reminded of the critical responsibility to correct those mistakes.

What of the related challenge of acquiescence? When a lawyer is asked about an objection to a motion, the lawyer may want to first see the motion. The imperative in this regard is driven by the personal conferring that is required by Rule 60Q6.115, and that

All motions shall include a statement that the movant has personally conferred or has used good-faith efforts to confer with all other parties or, if represented, their attorneys of record and shall state whether any party has an objection to the motion.

Thus, before a motion is filed, there is always a conversation between the two lawyers. Not their paralegals, their neighbors, or their friends. The lawyers ("personally") confer. It is one of the hallmarks of professionalism and an attractive part of the practice.

Would a competent lawyer "agree" to a motion they have never seen? Is that wise?

Imagine opposing counsel calls and informs they are disappointed in the lingering failure to fully provide requested documents. They cordially note that despite their esteem for you and acceptance of your assurances, their client feels that a motion to compel must be filed. What does your lack of objection signal? Most likely, it means that you are not objecting to the motion. As likely, it does not mean that you acquiesce in the accuracy of the moving party's facts, law, and argument.

In this instance, the lawyer might readily "not object" and thus clear the way for opposing counsel's filing. That attorney would then pay attention to the filings, read the motion as filed, and, if the facts, law, and argument are objectionable, file a response immediately as allowed by the rule.

Competent counsel never fails to read pleadings that are filed. They never fail to file a response to assert factual corrections, legal citations, and provide counterarguments. That is the lawyer's role and privilege. Too many forget that representing a client is a monumental privilege held by few and worthy of respect and appreciation.

But what if the motion is a "joint motion?" Would a competent lawyer agree to such a motion without seeing the document that will be filed? I would suggest not. The "joint" makes the motion an adoption, a representation of both parties. A joint statement of facts, law, and argument. The parties to a "joint" motion have "joint" responsibility for the veracity and accuracy of all the motion contains. see Candor, Omission, Persuasion (October 2021).

Competent counsel should never agree to be a party to ("joint") a motion they have never seen and read. Despite your unmeasurable esteem for opposing counsel, there is simply too much risk in adopting and agreeing to be responsible for representations you have never seen.

It is imperative that the adjudicator is presented with the truth. The adjudicator is going to rely on that motion, its representations, citations, and arguments. The lawyer who plays loosely with their responsibility and obligations will garner skepticism and distrust. The lawyer who allows their name to be associated with such practices will face similar consequences - by association - but nonetheless important.

Sure, "I must not tell lies," but as importantly, I need to be careful not to adopt and endorse the lies, or mistakes even, of others. 

'Tis but a Flesh Wound

Several years ago, the topic of air ambulances was popular at various workers' compensation events. I penned a piece on the economic conflicts, See Confusion and Disconnects in Medicine (July 2018). This included a couple of premises, such as the inherency of price irrelevance when payor and service recipient are disconnected. Also, the potential financial incentives of those making the care decision. 

The second premise focused on the decision of first responders arriving on the scene of an injury. These individuals are largely responsible for the decisions about rendering care, transporting to a hospital, and how. 

A patient might be treated and advised to follow up with a doctor or hospital on their own. If the patient needs to be transported, that might be by ambulance or by helicopter. I have often joked about preferring the helicopter because a helicopter ride is on my bucket list. 

I was convinced then, and remain so now, that such decisions are difficult for the care provider and the patient. Nonetheless, I was also convinced then that patients would not approach those decisions on a micro-economic level. That is, they would not weigh the cost-benefit factors of such a helicopter ride versus an ambulance. I cling to that belief, but recently ran across an anecdotal instance in which I am dead wrong. 

The Associated Press (AP) reported in July about a man hiking the Froze-to-Death Plateau (the name might dissuade some of us), striving for the highest peak in Montana. He "slipped and impaled himself on his trekking pole." Yes, the hiking stick went into his torso. Worse, it came out the other side. He found himself with a "44-in steel-tipped pole" through his chest, high on a mountain. The picture on AP is amazing. 

The hiker had one thing in his favor: he is a nurse with wound care experience. He performed a "self-assessment" and concluded that he might persevere without emergency services. He allegedly quipped, "tis but a flesh wound." See Monty Python and the Holy Grail (Python Pictures, 1975)(spoken by the Black Knight after King Arthur chops off his arm).

He then hiked out "about 10 miles and descended roughly 5,000 feet" with the pole stuck in his chest. His group reached the railhead and proceeded by car to the hospital. In all, it is an amazing story of fortitude and determination. Some would say it is one of amazing coincidences—how does one twist, turn, fall, and get such a stick in their torso? The mechanics of such an outcome are themselves mind-blowing.

But, to the point, the patient was in need of care. He was conscious and aware of alternatives. He was trained to know of the alternative of a helicopter. And, more curiously, he considered cost in his decision. He "conferred with his" hiking companions. And he "considered the high cost of a helicopter rescue." He did an economic analysis in the moment, with a pole poking through his chest. 

I am often wrong, admittedly. Nonetheless, I am surprised by this anecdotal instance of a patient, albeit a sophisticated and trained patient, performing an informed microeconomic analysis of the best solution to an urgency. The calm and aplomb that could lead to such analysis and the amazing outcome are impressive. 

Despite being patently wrong, I nonetheless remain convinced that such an analysis and outcome are beyond the grasp of most of the rest of us, perhaps all of the rest of us. Anyone considering such a decision might want to wonder first if they have sufficient medical knowledge to make such a call? 

In the end, the disconnect between care and cost persists for the rest of us. That disconnect is driving much of what is awry in the realm of American medical care. 

Accidents and Reevaluation

Paradise is a small town nestled on the convergence of the Gulf, Alabama, and is the central point of colonial West Florida. There is much to attract here. There are sugar-white beaches, bays, bayous, and rivers. There is wildlife (including the bears who periodically accost my morning walks). But, to some, the soul of Paradise is the claim of being the home of the U.S. Navy's Blue Angels.

There is no downside to this residency. Certainly, the planes can be loud, but they are not disruptive or disturbing. I lived just off the runway at Ronald Reagan International for a time, and those flights were much more noticeable. The upside is that Paradise and Paradise Beach each enjoy an air show each year, one mid-summer and the other a "homecoming" in the late fall.

The Blues are my topic today as a reminder about how safety is integrated into the workplace and the community.

The precipitating event was labelled by WEAR TV as "Low Blue Angels flyover at Pensacola Beach sends items flying, shocks beachgoers." The story was complete with video. It described a very low pass over a crowded beach strewn with observers on hand for the practice event labeled "Breakfast with the Blues" on Wednesday, July 15.

Suffice it to say that the F/A18 Hornet passed very close to the observers. Nonetheless, many were thrilled with the experience. Some recounted adjectives, others made comparisons, and all seemed unfazed by the proximity of a low-flying precision war machine. I spent some time years ago around those involved in the F/A18 design/build, and its precision and impressiveness are unparalleled in my estimation. Beyond the quoted enthusiasts and fans, there were also some negative comments on that story.

The Blue Angels were quoted in the WEAR TV story noting, "the safety of our hometown community, spectators, and our pilots is our highest priority."

Safety is indeed an important mission of every workplace. We see the challenges of workplace injury and persistently strive for better preparation, education, and prevention. It is a core element of the world of workers' compensation.

The next day, the Blues loyalists had noted that the number 3 plane had not practiced that day, following the low flyover the day before. They started a public "free number 3" campaign, and the local news published their story. The quotes there were supportive. Some were even bombastic. The comments to that story outed the pilot by name and noted his explanation that he had miscalculated, leading to the close pass.

There were calls for grace and expressions of enthusiasm and support. There was some negativity as well. There were various opinions expressed as regards the fan demand that number 3 fly the show on Saturday. When all was said and done, the Saturday event flew without number 3. By all accounts, it was nonetheless a great show. 

The point in all this is rather simple. The man on the street is not the best situated to work an investigation. There are professionals trained for such tasks. All day, across the country, they are looking into tragedies, accidents, and near misses. None of those are pejoratives. Sometimes there is a catastrophic event; other times, mere accidents. Either can have devastating effects on workers and employers. Yes, "workers," because a tragedy can impact the injured worker's coworkers as well. 

The near miss, however, is usually a blessing. That begins, of course, with the "miss" part. It is important for safety officials to notice such events. The safety experts benefit the worker and the public with their reevaluation and study of what, when, where, and why. They analyze accidents and near misses and help the work world to adjust and improve so that there is no "next time." And they do so without the influence or input of the wide, wide world of spectators and comment pundits.

The safety expert's role is not crowd-pleasing. Their role is evaluation and prevention. All of the pundits on the sideline are not needed in the evaluation of when number 3 rejoins the flight. That is a decision for the safety experts, the leadership, and number 3 himself. None of them can be led in that regard by uninformed public sentiment. And you would not want it any other way.

Actuary Actually

In August, I strove to introduce the importance of actuarial decisions in risk assessment. That was a run-up to the National Workers' Compensation Review at WCI, where we produced Actuarial Insight and the Mysterious Process of Underwriting and Reserving. See Help Me to Help You (August 2026). The impetus for that program was largely the writing and wisdom of William Zachry.

Mr. Zachry has a long history in the workers' compensation world, and capped his career running the risk efforts at Safeway supermarkets. He knows a bit about risk, insurance, retentions, reserves, and claims. Through the summer, as his vision for the NWCR came to fruition through his efforts and those of Suzy Braden of Gallagher Bassett, another conversation started about spreading the discussion to other venues.

If you missed that one, I cannot help. The NWCR program was excellent, but not recorded for posterity. There is always the chance such a program will resurface at future WCI programs; stay tuned here for news on that front. 

Nonetheless, the next opportunity came on September 9, 2026, when WorkCompCollege presented The Point again. Bob Wilson and I (Mostly Bob) have been producing this webinar under various names for about ten years. On this episode, Actually, Actuaries! A Great Way to Improve Claims Outcomes, we brought some similar thoughts to the fore. You can watch the recording at that link.

Mr. Zachry was joined by Loren Nickel, the risk expert at Google. It was a lively and informative conversation that reemphasized some important points. I encourage watching this recording and strive to better understand the critical involvement of actuaries in the world of claims and risk. It is an imperative for those who handle or strive to settle claims (on all sides).

Mr. Nickel and Mr. Zachry are focused on the role that actuaries play, which may impact the working world through the cost of their insurance products for workers' compensation. That includes the self-insured world because those companies likewise face a risk cost of collateral that the state requires for self-insured status. So, through premiums or this collateral, there is a cost of coverage. That is integrated into the prices you pay for that company's services of products.

The second role is in the appropriate reserving of individual claims files. Is there enough money set aside to pay the probable future expenses on a particular claim? The actuary has a role in predicting those probabilities and ensuring that risks are carefully considered.

The Point program was informative on several levels (where else can you get this kind of perspective and expertise for free?). I am no actuary (Mr. Nickel is) or a risk manager (Both Mr. Zachry and Mr. Nickel are former recipients of the RIMS Risk Manager of the Year Award). But I can tell when people have added value to a conversation.

My takeaways are rather simple. I mention them here but strongly encourage viewing the program.

First, the actuarial experts are striving to predict. They are looking at many data points, and there is no singular "fix" or "component" to effective management of risk or prediction.

Second, actuaries do not like change (who does?). They are prediction-driven, and their ability to define and predict effects may be impacted by the fact that many things change coincidentally. If the payments on a population of claims increase and there was a change in management (the TPA changed or the employer's risk manager), the actuary sees an increase (effect) but may struggle to clarify which change is contributing and how significantly.

Third, there is not enough communication in the risk/actuary relationship. When that new risk professional or new TPA (or other change) occurs, is the employer discussing that with the actuary in advance or waiting to be responsive when the actuary notices the increase in retrospect? To often, it is the latter, and the effect has already caused concern without forewarning.

Fourth, the interaction between the actuary and the risk manager has to involve trust, built through consistency, communication, and collaboration. As the actuary looks at past performance (what was spent, what was settled, etc.), they would likely have questions (more information is almost always better). Those can best be answered by the risk or claims professionals.

Finally, this relationship reinforces the conclusion that too much persists in silos. The risk department does not communicate enough with personnel/HR and information services (both internal), as well as the various providers impacting claimant care after an injury (most external). The lack of integrated and persistent access to information between all these silos frustrates the extent and pace of accessibility and analysis.

In a nutshell, the actuary will make critical decisions about the risk function. Their opinions will affect costs and the bottom line. Their perspectives will be governed and influenced by the available data (great or small). And the actuary can be an ally or adversary depending on how you choose to manage the relationship. Those who choose collaboration will likely be better served.

Watch the recording. This is critical knowledge whether you seek to manage risk, defend litigation, or maximize your injured worker's benefits or settlement. This conversation is critical, but more are needed. It is great to still be learning every day in this community. 

Inquiring Minds

We have witnessed some regrettable behavior from judges over the years. I have striven to highlight some of that here from time to time. One of the recent examples was the judge who engaged in amorous interactions in chambers during work hours. I pointed out that the judiciary's attempt to maintain anonymity was a disservice to all the other federal judges who did not display such contempt and disregard. See Lessons from Poor Behavior (May 2026).

That post noted that supposition and process of elimination likely identified the offender anyway. By early June 2026, the cat was fully out of the bag, and Judge Eleanor Ross of the Northern District of Georgia was in the spotlight. Remember that the punishment imposed for the office tryst was a private reprimand, an agreement that she would not seek chief judge status, and her commitment to write apology letters to those who had to witness the sophomoric behavior.

The public reaction to the whole incident was mixed, from outrage to shrugged shoulders. Any remaining hint of anonymity disappeared when the apology letters became public. Note that the judge expressed regret for her actions and misrepresentations, but in retrospect, one of her greatest concerns was how she might word those apologies to best avoid anyone being critical about her behavior.

The American Bar Association (a private trade group to which some lawyers belong) reported in June that the "initial letters that she'd written" were featured in media reports. The letters were described as "a nonspecific three-line apology letter," perhaps fulfilling that prime directive of apology without risking real contrition or identification.

Judge Ross later provided new letters. Because they were after that media coverage, some will likely question the sincerity, but they were seemingly apologetic nonetheless. She wrote:

“My initial letter was entirely deficient, as I did not take full accountability for my actions, and I failed to give you the apology that you deserve.”

Since the story of the in-chambers dalliance broke, Representative Fuller Clay has introduced articles of impeachment. Representative Andrew Clyde has as well. Bloomberg reported that "federal judges are a privileged group," protected by the Constitution and ensconced in their own branch of government that is purportedly coequal.

All that said, the judiciary is also co-dependent. It relies on the Legislative and Executive for funding. Its processes and foundations are a mixture of inherent judicial authority and statutory constructs, all of which are subject to change through the legislative, and thus political, process.

The Bloomberg coverage laments that there are character failures in the judiciary "ranging from ethical violations to unlawful harassment to crimes." It describes the indiscreet exploits of Hon. Eleanor Ross and claims popular opinion that the discipline process is imperfect in light of the Constitutional constraints in the form of judicial independence.

Written by a former federal appellate chief judge, the Bloomberg piece is, essentially, an explanation of the purported discipline process and a defense of its efforts in the case of Judge Ross. It is an interesting read. The author concludes that federal judges who lie to their superiors are appropriately retained if they are genuinely remorseful about their lies.

Having just celebrated 250 years since declaring independence, and now achieving 243 years of nationhood without much similar hoopla, America is now a long-standing nation, with most of the world having seen significant change in foundations over the last 100 years. See Another Birthday (July 2026). 

The Federal Judicial Center keeps records of the ultimate accountability for federal judges. It notes that in this significant history, there have been very few impeachment votes (15), and fewer (8) convictions/removals. Some estimate that about 4,000 have served in the federal judiciary over those years. If that is accurate, then (8/4000) is an incredibly small percentage (.002%).

Time will tell if there is continued furor over the behavior and words of Judge Ross. Some will remain disturbed, and others' memories will fade as the next news cycle evolves. 

Whether she ever joins the 15 or the 8, she has brought difficulty to the judiciary. Despite the care and conclusions in the Bloomberg article, some will likely conclude that the Eleventh Circuit Council's disciplinary decision has perhaps not fully ameliorated that damage. 

A Blast from the Past

I have known some interesting lawyers over the years. There have been many to learn from and many lessons to learn. I used to drive to Daytona Beach from Jacksonville, about 100 miles, to defend workers' compensation cases.

That community was full of interesting characters. There was a blusterer whose every case was worth a fortune. I have never figured out whether he was crafty or clueless. Another was statutorily creative; I almost always had to pull out a book to understand the novelty they were injecting into a case. Those lawyers' names escape me these many years later.

But I never struggle to remember the guy with confidence and conviction. I first ran into him in a case that went surprisingly well at almost every turn. The facts kept coming up on my side, the opinions were trending in my direction, and yet the confident lawyer on the other side didn't falter or detour.

We were set for final hearing, and a new judge had recently taken the bench. Gone was the irascible Hon. Rand Hoch, who was known for being demanding, exacting, and sometimes irritable. The new judge was Hon. Tom Portuallo, the epitome of calm, patience, and persistence. His arrival in Daytona had signaled a new day in Florida workers' compensation.

Back to my case, our negotiations had stalled, though a significant amount of "risk" money was on the table. My client was anything but eager for trial; the probabilities for a defense decision in those days were rare in many venues. About a month before trial, I happened upon a rather arcane Florida Supreme Court decision that seemed to say, simply, "Dave wins." I showed it to my opposition; he was not deterred.

Finding such an authority seemed fortuitous, but I was litigating against a dean of the practice. He had been practicing for over twenty years at that point, and I was fresh to the practice. He was known for prevailing, and he was simply not going to settle.

I spent hours studying that precedent and trying to understand his angle, argument, or attack. I prepared, prepared again, and then prepared some more. He had me completely convinced that I had missed something, misread something, or that some other authority out there was going to contradict my predicted outcome.

After I won at trial, I asked him why it had reached that point. He explained that his time and money were long invested in the case by the time he saw the probable outcome. 

His client did not want to settle at all and was less eager to take "nuisance" or "risk" money. And, he patiently explained, he would likely gain multiple new clients because that client would always feel like they had been taken seriously and their lawyer fought for them. Besides, he reminded, "you never know that might not win anyway."

It was a long way to Daytona, and as the defense market shifted, I was there less frequently as that decade progressed. But I frequently looked back on that trial and the confidence it had instilled. 

It was only after his explanation that I realized my client's worldview was not that different. They wanted to be aptly represented, and had I not prevailed, they would have likely been as inspired by effort and respect. I would have gained more work from them win or lose. 

I had no further trials with that lawyer but did some mediations. I remember later learning that he had spent some time in garage bands during the 1960s, including the "Nightcrawlers." He related wisdom about people that he had gained from those experiences and once even admitted to his involvement in a "top 100 single, Little Black Egg." 

As I recall the story, he and his friends wrote that song minutes before a show, on a lark, and it was their only hit. While it is an arcane reference, the song was later covered by The Lemonheads and The Cars. 

I ran across Sylvan Wells again years later when he joined our Statewide Nominating Commission for a few years. He had long retired from practicing law and was striving to remain engaged and to give back to the community a bit. Somehow, his name came up again a few weeks ago, and it caused me to hit Google.

I was surprised to find a lengthy article about his current exploits. It describes how he made a hobby of building guitars. He related being discouraged by an instrument repair person in Orlando years ago, who told him he could not build guitars without training and an apprenticeship. Sylvan reacted as he had when practicing; he studied, invested, and built a guitar anyway.

The story notes that the adventure began with a $20.00 bet with that repairman. Sylvan was proud that he built the guitar despite that discouragement, and I can hear him say, "That $2,000 investment got me my $20.00 back." The willingness to invest in the face of long odds reminded me of that case we tried so long ago.

Sylvan has since bought the rights to an old brand that was produced from 1865 to 1911, and is making and marketing Bay State Guitars. He has built about 300 instruments, one "from a 2-by-10 from Home Depot." Some might see a parallel there also, patient investment in one case after another, amounting in time to an admirable collection.

I have not spoken to Sylvan in several years, and he has to be close to 80. Nonetheless, he is engaged in something he enjoys and has undertaken it with zeal, despite doubters and challenges. There is some suggestion that he is also teaching people to build their own guitars, a hobby gone commercial. 

There are several key messages here for young lawyers. First, there is life after legal practice, and there is room all along for outside interests. Second, there is merit in investing with your heart even when the odds seem stacked in the other side's favor. Third, figuring out what drives your opponent may be frustrating and even fruitless. Finally, there is merit in rationality and advice, but success may come instead from personal confidence and commitment.

If you are reading this, Sylvan, good for you.

Is it Just Age or a New Age?

Something changes. It is difficult to describe how life progresses. Too often, I have thought I had figured out much only to be surprised yet again. Three recent events struck me in this regard. I have lamented the passing of time; see Ever Get Old (January 2025). 

Last fall, I found the copier short of paper. A "copier" is a historical tool that some of us use to make duplicates of documents that are preserved in the form of various ink products affixed to mass-produced pulp products that result from cooking trees. It is fascinating in its own right, and I recommend gaining some experience with this so-called "paper" at some stage of your career.

The story proceeds with my loading two boxes of paper onto a hand truck and bringing it 75 feet to the copier. As I unloaded the "reams" (500 pages of "paper" wrapped in a separate paper package), a younger staff member approached and suggested that I let her stack the reams instead. She said, "Judge, you shouldn't be doing that." 

She later insisted that this was not a comment on my disappearing (disappeared?) youth and vigor but was expressing some sentiment that my time would be better spent elsewhere. Nonetheless, the well-intentioned attempt to assist me left me feeling as if age was overtaking me.

I am somewhat known for frugality (which many pronounce "cheap"). Several months after the paper event, I was working on a project, and we needed some software help. I did not relish the headache of procuring through government channels and all that entails.

My team's efforts revealed a solution, whose benefits they explained to me. They then cautioned, however, "but there is a charge." Expecting something rather significant, I asked how much. The price that had brought trepidation? About $25.00. I asked the team, only somewhat joking, "do I not look like I could spend $25.00?" They assured me it was not that, but they had been reluctant to raise this solution nonetheless.

More recently, I found myself in a retail establishment. I was leaving with a small package in my hands, and a twenty-something young lady was entering carrying more significant burdens. Despite the disparity, the youth paused to hold the door for me, insisting. I thanked her as I passed, and she replied "Have a good day, sir."

Call me a genderist, but I was raised to stand up when introduced to a lady. It has been ingrained in me to use the terms "sir" and "ma'am," to the point I sense this periodically makes people uncomfortable. And, most critically, I was always taught that a man does the lifting, carrying, door holding, etc., for a lady.

Over the course of my several decades on this planet, I have striven to live these teachings. Suddenly, I am noticing that there is a deference. Perhaps that is the equality of this modern age? Maybe there is simply a greater appreciation today for ability and participation, and the gender norms of yesteryear (holding the door, lifting the paper, etc.) are antiquated and obsolete?

Or, there is a more chilling and sinister answer: Dave is getting (or perhaps "gotten") old. I would like to think that equality and equanimity are ruling the day. I would love to view this as merely the product of a new age; I hope that there is an expanding and profound egalitarianism spreading. But, I fear the fact is that is simply "age," that I am simply getting old, and the youth both perceive that and feel sorry for me.

Call me paranoid, but I am really hoping ... what were we talking about again?