Tennessee its time to beat bama! Go Vols!

It's time. 'Bama has been a dominant force for far too long. Tennessee has always been there to challenge their dominance. We have the tradition. We have the pride. We have a great coach and a group of talented athletes. So, let's support this team. Go Vols!

After a hundred and ten years of history, the difference overall is only 11 games! That's a pretty close rivalry. Let's make it a difference of only 10 games today!

 

Bob Vogel

Class of '83

Go Vols!

Alabama victories are colored ██ crimson. Tennessee victories are colored ██ orange. Ties are white. Rankings are from the AP Poll

Year	Alabama		Tennessee		Location	Series
1901	Alabama	6	Tennessee	6	Birmingham, AL	—	0–0–1
1903	Alabama	24	Tennessee	0	Birmingham, AL	ALA	1–0–1
1904	Alabama	0	Tennessee	5	Birmingham, AL	—	1–1–1
1905	Alabama	29	Tennessee	0	Birmingham, AL	ALA	2–1–1
1906	Alabama	51	Tennessee	0.	Birmingham, AL	ALA	3–1–1
1907	Alabama	5	Tennessee	0	Birmingham, AL	ALA	4–1–1
1908	Alabama	4	Tennessee	0	Birmingham, AL	ALA	5–1–1
1909	Alabama	10	Tennessee	0	Knoxville, TN	ALA	6–1–1
1912	Alabama	7	Tennessee	0	Birmingham, AL	ALA	7–1–1
1913	Alabama	6	Tennessee	0	Tuscaloosa, AL	ALA	8–1–1
1914	Alabama	7	Tennessee	17	Knoxville, TN	ALA	8–2–1
1928	Alabama	13	Tennessee	15	Tuscaloosa, AL	ALA	8–3–1
1929	Alabama	0	Tennessee	6	Knoxville, TN	ALA	8–4–1
1930	Alabama	18	Tennessee	6	Tuscaloosa, AL	ALA	9–4–1
1931	Alabama	0	Tennessee	25	Knoxville, TN	ALA	9–5–1
1932	Alabama	3	Tennessee	7	Birmingham, AL	ALA	9–6–1
1933	Alabama	12	Tennessee	6	Knoxville, TN	ALA	10–6–1
1934	Alabama	13	Tennessee	6	Birmingham, AL	ALA	11–6–1
1935	Alabama	25	Tennessee	0	Knoxville, TN	ALA	12–6–1
1936	Alabama	0	Tennessee	0	Birmingham, AL	ALA	12–6–2
1937	Alabama	14	Tennessee	7	Knoxville, TN	ALA	13–6–2
1938	Alabama	0	Tennessee	13	Birmingham, AL	ALA	13–7–2
1939	#8 Alabama	0	#5 Tennessee	21	Knoxville, TN	ALA	13–8–2
1940	Alabama	13	#5 Tennessee	27	Birmingham, AL	ALA	13–9–2
1941	Alabama	9	Tennessee	2	Knoxville, TN	ALA	14–9–2
1942	#4 Alabama	8	#15 Tennessee	0	Birmingham, AL	ALA	15–9–2
1944	Alabama	0	#17 Tennessee	0	Knoxville, TN	ALA	15–9–3
1945	#6 Alabama	25	Tennessee	7	Birmingham, AL	ALA	16–9–3
1946	#7 Alabama	0	#9 Tennessee	12	Knoxville, TN	ALA	16–10–3
1947	Alabama	10	Tennessee	0	Birmingham, AL	ALA	17–10–3
1948	Alabama	6	Tennessee	21	Knoxville, TN	ALA	17–11–3
1949	Alabama	7	Tennessee	7	Birmingham, AL	ALA	17–11–4
1950	Alabama	9	#18 Tennessee	14	Knoxville, TN	ALA	17–12–4
1951	Alabama	13	#2 Tennessee	27	Birmingham, AL	ALA	17–13–4
1952	#18 Alabama	0	Tennessee	15	Knoxville, TN	ALA	17–14–4
1953	Alabama	0	Tennessee	0	Birmingham, AL	ALA	17–14–5
1954	Alabama	27	Tennessee	0	Knoxville, TN	ALA	18–14–5
1955	Alabama	0	Tennessee	20	Birmingham, AL	ALA	18–15–5
1956	Alabama	0	#7 Tennessee	24	Knoxville, TN	ALA	18–16–5
1957	Alabama	0	Tennessee	14	Birmingham, AL	ALA	18–17–5
1958	Alabama	7	Tennessee	14	Knoxville, TN	—	18–18–5
1959	Alabama	7	#14 Tennessee	7	Birmingham, AL	—	18–18–6
1960	#15 Alabama	7	Tennessee	20	Knoxville, TN	UT	18–19–6
1961	#5 Alabama	34	Tennessee	3	Birmingham, AL	—	19–19–6
1962	#2 Alabama	27	Tennessee	7	Knoxville, TN	ALA	20–19–6
1963	#9 Alabama	35	Tennessee	0	Birmingham, AL	ALA	21–19–6
1964	#3 Alabama	19	Tennessee	8	Knoxville, TN	ALA	22–19–6
1965	Alabama	7	Tennessee	7	Birmingham, AL	ALA	22–19–7
1966	#3 Alabama	11	Tennessee	10	Knoxville, TN	ALA	23–19–7
1967	#6 Alabama	13	#7 Tennessee	24	Birmingham, AL	ALA	23–20–7
1968	Alabama	9	#8 Tennessee	10	Knoxville, TN	ALA	23–21–7
1969	#20 Alabama	14	#13 Tennessee	41	Birmingham, AL	ALA	23–22–7
1970	Alabama	0	#14 Tennessee	24	Knoxville, TN	—	23–23–7
1971	#4 Alabama	32	#14 Tennessee	15	Birmingham, AL	ALA	24–23–7
1972	#3 Alabama	17	#10 Tennessee	10	Knoxville, TN	ALA	25–23–7
1973	#2 Alabama	42	#10 Tennessee	21	Birmingham, AL	ALA	26–23–7
1974	#4 Alabama	28	Tennessee	6	Knoxville, TN	ALA	27–23–7
1975	#6 Alabama	30	#16 Tennessee	7	Birmingham, AL	ALA	28–23–7
1976	#20 Alabama	20	Tennessee	13	Knoxville, TN	ALA	29–23–7
1977	#4 Alabama	24	Tennessee	10	Birmingham, AL	ALA	30–23–7
1978	#4 Alabama	30	Tennessee	17	Knoxville, TN	ALA	31–23–7
1979	#1 Alabama	27	#18 Tennessee	17	Birmingham, AL	ALA	32–23–7
1980	#1 Alabama	27	Tennessee	0	Knoxville, TN	ALA	33–23–7
1981	#15 Alabama	38	Tennessee	19	Birmingham, AL	ALA	34–23–7
1982	#2 Alabama	28	Tennessee	35	Knoxville, TN	ALA	34–24–7
1983	#11 Alabama	34	Tennessee	41	Birmingham, AL	ALA	34–25–7
1984	Alabama	27	Tennessee	28	Knoxville, TN	ALA	34–26–7
1985	#15 Alabama	14	#20 Tennessee	16	Birmingham, AL	ALA	34–27–7
1986	#2 Alabama	56	Tennessee	28	Knoxville, TN	ALA	35–27–7
1987	Alabama	41	#8 Tennessee	22	Birmingham, AL	ALA	36–27–7
1988	Alabama	28	Tennessee	20	Knoxville, TN	ALA	37–27–7
1989	#10 Alabama	47	#6 Tennessee	30	Birmingham, AL	ALA	38–27–7
1990	Alabama	9	#3 Tennessee	6	Knoxville, TN	ALA	39–27–7
1991	#14 Alabama	24	#8 Tennessee	19	Birmingham, AL	ALA	40–27–7
1992	#4 Alabama	17	#13 Tennessee	10	Knoxville, TN	ALA	41–27–7
1993†	#2 Alabama	17	#10 Tennessee	17	Birmingham, AL	ALA	41–28–7
1994	#10 Alabama	17	Tennessee	13	Knoxville, TN	ALA	42–28–7
1995	#11 Alabama	14	#6 Tennessee	41	Birmingham, AL	ALA	42–29–7
1996	#7 Alabama	13	#6 Tennessee	20	Knoxville, TN	ALA	42–30–7
1997	Alabama	21	#9 Tennessee	38	Birmingham, AL	ALA	42–31–7
1998	Alabama	18	#3 Tennessee	35	Knoxville, TN	ALA	42–32–7
1999	#10 Alabama	7	#5 Tennessee	21	Tuscaloosa, AL	ALA	42–33–7
2000	Alabama	10	Tennessee	20	Knoxville, TN	ALA	42–34–7
2001	Alabama	24	#11 Tennessee	35	Tuscaloosa, AL	ALA	42–35–7
2002	#19 Alabama	34	#16 Tennessee	14	Knoxville, TN	ALA	43–35–7
2003‡	Alabama	43	#22 Tennessee	51	Tuscaloosa, AL	ALA	43–36–7
2004	Alabama	13	#11 Tennessee	17	Knoxville, TN	ALA	43–37–7
2005†	#5 Alabama	6	#17 Tennessee	3	Tuscaloosa, AL	ALA	43–37–7
2006	Alabama	13	#7 Tennessee	16	Knoxville, TN	ALA	43–38–7
2007	Alabama	41	#20 Tennessee	17	Tuscaloosa, AL	ALA	44–38–7
2008	#2 Alabama	29	Tennessee	9	Knoxville, TN	ALA	45–38–7
2009	#1 Alabama	12	Tennessee	10	Tuscaloosa, AL	ALA	46–38–7
2010	#7 Alabama	41	Tennessee	10	Knoxville, TN	ALA	47–38–7
2011	#2 Alabama	37	Tennessee	6	Tuscaloosa, AL	ALA	48–38–7
2012	#1 Alabama	44	Tennessee	13	Knoxville, TN	ALA	49–38–7
† Alabama would later forfeit the 1993 tie and vacate their 2005 win. ‡ Five overtime game.

Emerson Air Comfort Products Recalls Tommy Bahama Outdoor Ceiling Fans Due to Risk of Injury

There have been incidents of the blades detaching and causing lacerations. My law firm helps people who are injured by a product or service. Please call Robert L. Vogel, The Vogel Law Firm, 865-357-1949  or write rlvogel@robertvogellaw.com for a free case evaluation. We are a consumer protection law firm.

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Recall date: October 24, 2013

Recall number: 14-005                         

 

                           

Recall Summary

Name of product:
Tommy Bahama® Outdoor Ceiling Fans
Hazard:

The brackets holding the fan blades can break and cause the blades to fall, posing a risk of injury to bystanders.

Remedy:

View Details

Repair

Consumer Contact:
Emerson Air Comfort Products toll-free at (866) 994-8759 from 8 a.m. to 4:30 p.m. CT Monday through Friday, or online at www.emersonfans.com, then click on Recall Information for more information.
Report an Incident Involving this Product

Recall Details

Units

About 2,800 in the United States, 80 in Canada

Description

This recall involves Tommy Bahama brand 52-inch outdoor ceiling fans sold under the “The Copa Breeze” style name. The fan has model number TB311DBZ and a distressed bronze color. Each of the five oval-shaped paddles/blades has a metal accent in the shape of an oval with a figure-8 inside the oval.  The lower part of the motor housing has “Tommy Bahama” embossed on it.  A date code is represented by three letters printed on the lower right corner of a label on the top of the motor housing. Fans with one of the following three-letter combinations are included in the recall:

  

AJL, BAA, BAB, BAC, BAD, BAE, BAF,BAG, BAH, BAI, BAJ, BAK, BAL, BBA, BBB, BBC, BBD, BBE, BBF, BBG, BBH, BBI, BBJ, BBK, BBL, BCA, BCB, BCC and BCD

This recall involves Tommy Bahama brand 52-inch outdoor ceiling fans sold under the “The Copa Breeze” style name. The fan has model number TB311DBZ and a distressed bronze color. Each of the five oval-shaped paddles/blades has a metal accent in the shape of an oval with a figure-8 inside the oval.  The lower part of the motor housing has “Tommy Bahama” embossed on it.  A date code is represented by three letters printed on the lower right corner of a label on the top of the motor housing. Fans with one of the following three-letter combinations are included in the recall:  AJL, BAA, BAB, BAC, BAD, BAE, BAF,BAG, BAH, BAI, BAJ, BAK, BAL, BBA, BBB, BBC, BBD, BBE, BBF, BBG, BBH, BBI, BBJ, BBK, BBL, BCA, BCB, BCC and BCD

Incidents/Injuries

Emerson Air Comfort has received three reports of fan blades detaching, including one report of a laceration to a consumer who was hit in the back of the head by a falling blade.

Remedy

Consumers should immediately stop using the recalled fans and contact Emerson Air Comfort Products to schedule a free in-home repair or to order a free do-it-yourself repair kit.

Sold at

Fan and lighting stores nationwide and online at www.EmersonFans.com and Amazon.com from April 2010 through July 2012 for about $350.

Importer

Air Comfort Products, a division of Emerson Electric Co., of St. Louis, Mo

Manufactured in

China

Child Custody Case

I think one of the hardest things to litigate is child custody. Assuming, that is, that you are willing to see both your client and the other parent as real people. It's easy to argue if you want to approach it as a winner take all type of litigation. But, child custody generally shouldn't be argued that way. Unless there is some clear reason that the other party is an unfit parent, then there is no basis for trying to cut them out of the child's life.

The problem is that each parent thinks they ought to be the one in charge of their child's life. Or, they feel that the other parent should not be. Sometimes this is because they harbor a long term resentment against them for the pain they suffered during the break up of their relationship. Sometimes, it is a selfish, me first, attitude - you know, like a toddler who can't share.

In either case, it is extremely difficult to sit down and negotiate a custody agreement that is friendly to both parents. Aside from any issues between them, there is the practical side. I was in a settlement conference today. We were talking about setting up 50/50 parenting time. But, then we looked at the logistics.

The mother works second shift, from 3 to 11. The child is 2. We don't want her boyfriend watching the baby, but, she doesn't want the baby at my client's house overnight. That feels too much like losing control for her. We can't meet at 11:30 at night to exchange the baby, so either the mother gets the baby and she is raised by the boyfriend, or the father gets the baby more than 50% of the time and becomes the  primary parent.

The mother is against this. She has one child that is already not in her custody. My sense of it is that she feels like giving up primary custody would be a sign of complete failure on her part. She would have to admit she can't be a good mother. No one wants to do that. So, she has to hold her ground. She can't compromise.

In the end, a situation like this will likely end up in Court, where a judge will decide who gets the child when, how and where. The problem is, the Judge doesn't have to live with his prescribed plan, the parents do. No one will be happy with the outcome of the hearing. And, it is probable that the mother will not get as much visitation from the Court as we are offering her.

But, the Court's focus will not be on the interests of either parent, but on the best interest of the child. The child will probably stay where she  is now. The mother may get a little more time, but she has a less reliable history of providing stability for the child. So, when push comes to shove, she will not end up with what she wants.

Yet, my heart goes out to her, because all she really wants is to have her child with her. The problem is, she wants the child even when she can't care for the child and she won't compromise with the father. And, to be fair, the father doesn't want to give up the control he has of the situation now.

One thing that we can't do is get people to think of others first. Yet, in a case like this, walking in the other guy's shoes and not putting your own needs first would go a long way to settling a dispute the way it ought to be settled, between the parents, without the outside influence, stress and pain of a court hearing.

You see, at court hearings, it is generally the worst thing about people that comes out, not the best. People testify about what is bad about the other person, not what is good. So, you can see that this type of  procedure is going to heat up the passions of the people involved, it is going to make them more angry with each other and create more of a gap between them. That is the wrong answer in most cases where children are involved.

Don't get me wrong. I'm all in favor of trials. I love trials. The hard fought battles are exhilarating and challenging. But, you also need to learn to pick your battles, as they say. So, unless there is some danger to the child, it is my opinion that you should go all out to reach an agreement about child custody rather than go through the pain and stress of a trial. You can do it, you just have to put yourself in the other guy's place for a little while.

That's just my thoughts and observations on it. I've had my share of custody fights and, while I can usually get the results my client and I determine are right and just, it is hard to do it without hurt feelings and residual anger. Ultimately, that is not a good result because, after the hearing, the father and mother still have to parent together for however many years it is until the child turns 18.

Something to think about.

Bob Vogel
Trial Attorney
rlvogel@robertvogellaw.com
865-357-1949

Bullying Case Update on client who was beaten against a metal pole

Just completed the Complaint and filed a civil rights case about bullying and assault charges against a school system.

 

My client was beaten so badly that she had internal bleeding, her eye was displaced, she has lost some and may lose all the vision in it, her brain was bleeding - the school knew about the four girls who beat her - one already had assault charges on her, and they did nothing to protect the student body - and this is a small school - K-12, so the victim could have been anyone - it just happened to be my client

 

- they beat her against a metal pole for all the school to see - so they could see how tough they were, to let them all know what happens if you tell on someone - but, my client didn't actually do that - they made a mistake - a teacher walked by and didn't help,

 

finally, when they almost killed her - a teacher broke it up - but, the school didn't do anything for her - just let her sit in the office, bleed and vomit blood, almost pass out from her injuries - eye displaced due to the smashed orbital bone - when her mom came to get her she almost collapsed after seeing her injuries - the nurse had given her a bag of ice - simply refused medical treatment -

 

Mom took her to an ambulance substation - the ems workers took one look at her and called Lifestar to take her to UT Hospital - which saved her life. She was in critical care for 3 days.

 

When someone asked the nurse why she didn't call for an ambulance or do anything to help her she said "I didn't think it was that bad."

 

  I asked for $30 million dollars - $10 mil in compensatory and $20 million in punitive - and that is probably not enough.

 

I'll keep you posted as the case progresses. Keep me in your thoughts and prayers.

 

Bob Vogel

Trial Attorney

The Vogel Law Firm

rlvogel@robertvogellaw.com

865-357-4315

www.robertvogellaw.com

 

Watch Out for These Weight Loss Lies!

The big question is, of course: Will I Really Lose Weight?

Wouldn’t it be nice if you could lose weight simply by taking a pill, wearing a patch, or rubbing in a cream? Unfortunately, claims that you can lose weight without changing your habits just aren’t true.
Doctors, dieticians, and other experts agree that the best way to lose weight is to eat fewer calories and be more active. That's true even for people taking FDA-approved pills to help them lose weight. For most people, a reasonable goal is to lose about a pound a week, which means:

• cutting about 500 calories a day from your diet
• eating a variety of nutritious foods
• exercising regularly

For more on healthy eating, visit Nutrition.gov, ChooseMyPlate.gov, or the Weight-control Information Network.

The following article first appeared on the FTC consumer information pages. I've tried different fads and diets over the years. There is a lot of wisdom in the information that follows. It is very important to get to and stay at a healthy weight. And there are many studies that prove that being healthy and getting regular exercise can stave off the aging process and dementia. Keeping your brain active is important to, and when you are physically active, your are more mentally active.

I hope this information helps you avoid some scams and traps and the you find the right plan for yourself.

If, after reading this article, you feel that you have been taken advantage of by a product or service - whether it is a diet or exercise product or program, call me. I handle all types of consumer protection and fraud cases.

Bob Vogel
Trial Attorney
The Vogel Law Firm
rlvogel@robertvogellaw.com
865-357-1949

The Truth Behind Weight Loss Ads

Claims to watch out for include:

Lose weight without diet or exercise!

Getting to a healthy weight takes work. Take a pass on any product that promises miraculous results without the effort. The only thing you’ll lose is money.

Lose weight no matter how much you eat of your favorite foods!

Beware of any product that claims that you can eat all the high-calorie food you want and still lose weight. Losing weight requires sensible food choices. Filling up on healthy vegetables and fruits can make it easier to say no to fattening sweets and snacks.

Lose weight permanently! Never diet again!

Even if you’re successful in taking weight off, permanent weight loss requires permanent lifestyle changes. Don’t trust any product that promises once-and-for-all results without ongoing maintenance.

Just take a pill!

Doctors, dieticians, and other experts agree that there’s simply no magic way to lose weight without diet or exercise. Even pills approved by FDA to block the absorption of fat or help you eat less and feel full are to be taken with a low-calorie, low-fat diet and regular exercise.

Lose 30 pounds in 30 days!

Losing weight at the rate of a pound or two a week is the most effective way to take it off and keep it off. At best, products promising lightning-fast weight loss are a scam. At worst, they can ruin your health.

Everybody will lose weight!

Your habits and health concerns are unique. There is no one-size-fits-all product guaranteed to work for everyone. Team up with your health care provider to design a nutrition and exercise program suited to your lifestyle and metabolism.

Lose weight with our miracle diet patch or cream!

You’ve seen the ads for diet patches or creams that claim to melt away the pounds. Don’t believe them. There’s nothing you can wear or apply to your skin that will cause you to lose weight.

Acai Berry Supplements in the “News”

More and more, scam artists are exploiting people’s trust in well-known news organizations by setting up fake news sites with the logos of legitimate news organizations to peddle their wares. In particular, sites claiming to be objective news sources may describe a so-called "investigation" of the effectiveness of acai berry dietary supplements for weight loss. These sites are a marketing ploy created to sell acai berry supplements.

Tainted Weight Loss Products

In the last few years, FDA has discovered hundreds of dietary supplements containing drugs or other chemicals, often in products for weight loss and bodybuilding. These extras generally aren't listed on the label — and might even be sold with false and misleading claims like “100% natural” and “safe.” They could cause serious side effects or interact in dangerous ways with medicines or other supplements you're taking.

The Skinny on Electronic Muscle Stimulators

You might have seen ads for electronic muscle stimulators claiming they will tone, firm, and strengthen abdominal muscles, help you lose weight, or get rock hard abs. But according to FDA, while these devices may temporarily strengthen, tone, or firm a muscle, no electronic muscle stimulator device alone will give you “six-pack” abs.

Where to Complain

Report fraudulent weight loss product claims to the FTC. You also can contact your state Attorney General

Feel free to contact me with questions or concerns. Bob Vogel - rlvogel@robertvogellaw.com

The Perfect Client for a Trial Attorney

Who is the perfect client?

Would he or she be like me? Are they rich or poor? Are they college grads or do they have GED's? What do they do for a living? Are they from an ethnic group different than mine? Are they male or female? Are they old or young? Are they sick or injured or healthy? Do they have a pet? kids? divorced or married? Where do they live?

Do the answers to any of these questions matter?

An affirmative YES! and, then, a resounding No! The answers matter, but not in the way you think. They matter after the attorney-client relationship has begun, not before. They matter when I am crafting the complaint or the defense. They matter when I draft or respond to discovery requests. They matter when I present your story to the jury.

What matters most is that the client has a story to tell.

If the client is injured, physically or financially, then I need to know who is the villain of the story -- is it a person, corporation, employer, police officer, jailer, or government that has injured the client through neglect or because they intended to? Who did it? I need to know if someone ran into him, or if a cop beat him during an arrest, or if he was ripped off by a business, or had his rights violated.

If the client has been arrested, then I need to know that the story demonstrates that the police or the prosecutor has violated my client's rights, or that my client affirms his innocence, or that he may be guilty of a crime, but not one as serious as the crime he is charged with. If he is appealing his case, then the story must talk about mistakes the judge made, or the prosecutor, or his trial attorney.

And, the stories must also talk about the client. Who she is. Where she is from. How things got to the way they are today. Why did it happen? The jury cares about these things. And, that is who we, my clients and I, care about.

So, the perfect client is a client who has a story to tell. And that story exists and can come to life for everyone who has been injured, neglected, abused, ripped off, falsely accused, bullied, discriminated against, or falsely imprisoned (to mention just a few). We are all unique. We all have a story. That story can be told in a way that compels people to listen. That story can be told in a way that demands justice. The perfect client's story can be told in a way that makes people care - makes the jury care!

My job is to tell that story. My job is to make sure that the jury sees you. That they feel your pain,  your outrage, your emotional distress, your fear, your hopelessness, your physical restrictions, your broken heart, your anger at being charged falsely, your panic about spending time in jail, your injured child or wife or husband, your depression because of your injury or because your rights were violated and you were abused. They must understand the bills that are piling up. They must see how this is affecting those you love and who love you.

I have to reach down inside of me and find the power to show them you - the perfect client. I will and do, all the time, show the jury how they can be the heroes in your life. They can save you. In fact, in most cases, the jury is your best and most powerful ally. If we can show them your story, honestly, openly and let them feel it with you, let them experience it with you, they will come along beside you and help you. You can trust them. I have seen it.

The perfect client is the client who gives me the gift of telling his story to the jury.

I hope that is you.

All the best,

Bob Vogel
Trial Attorney
The Vogel Law Firm
rlvogel@robertvogellaw.com
865-357-1949

How to Avoid Tech Support Scams

The following article is reprinted from the Consumer Protection Website. I hope that this helps you avoid scams and con artists. It is frightening the number of people out there trying to exploit you on the internet. Take the advise from this article and make your time a little safer on the internet and avoid losing your money to any of these scams.

I hope this helps,

Bob Vogel
The Vogel Law Firm
865-357-1949
rlvogel@robertvogellaw.com
www.robertvogellaw.com

 How Tech Support Scams Work

Scammers have been peddling bogus security software for years. They set up fake websites, offer free “security” scans, and send alarming messages to try to convince you that your computer is infected. Then, they try to sell you software to fix the problem. At best, the software is worthless or available elsewhere for free. At worst, it could be malware — software designed to give criminals access to your computer and your personal information.
The latest version of the scam begins with a phone call. Scammers can get your name and other basic information from public directories. They might even guess what computer software you’re using.
Once they have you on the phone, they often try to gain your trust by pretending to be associated with well-known companies or confusing you with a barrage of technical terms. They may ask you to go to your computer and perform a series of complex tasks. Sometimes, they target legitimate computer files and claim that they are viruses. Their tactics are designed to scare you into believing they can help fix your “problem.”
Once they’ve gained your trust, they may:

• ask you to give them remote access to your computer and then make changes to your settings that could leave your computer vulnerable
• try to enroll you in a worthless computer maintenance or warranty program
• ask for credit card information so they can bill you for phony services — or services you could get elsewhere for free
• trick you into installing malware that could steal sensitive data, like user names and passwords
• direct you to websites and ask you to enter your credit card number and other personal information

Regardless of the tactics they use, they have one purpose: to make money.

If You Get a Call

If you get a call from someone who claims to be a tech support person, hang up and call the company yourself on a phone number you know to be genuine. A caller who creates a sense of urgency or uses high-pressure tactics is probably a scam artist.
Keep these other tips in mind:

• Don’t give control of your computer to a third party who calls you out of the blue.
• Do not rely on caller ID alone to authenticate a caller. Criminals spoof caller ID numbers. They may appear to be calling from a legitimate company or a local number, when they’re not even in the same country as you.
• Online search results might not be the best way to find technical support or get a company’s contact information. Scammers sometimes place online ads to convince you to call them. They pay to boost their ranking in search results so their websites and phone numbers appear above those of legitimate companies. If you want tech support, look for a company’s contact information on their software package or on your receipt.
• Never provide your credit card or financial information to someone who calls and claims to be from tech support.
• If a caller pressures you to buy a computer security product or says there is a subscription fee associated with the call, hang up. If you’re concerned about your computer, call your security software company directly and ask for help.
• Never give your password on the phone. No legitimate organization calls you and asks for your password.
• Put your phone number on the National Do Not Call Registry, and then report illegal sales calls.

If You’ve Responded to a Scam

If you think you might have downloaded malware from a scam site or allowed a cybercriminal to access your computer, don’t panic. Instead:

• Get rid of malware. Update or download legitimate security software and scan your computer. Delete anything it identifies as a problem. 
• Change any passwords that you gave out. If you use these passwords for other accounts, change those accounts, too.
• If you paid for bogus services with a credit card, call your credit card provider and ask to reverse the charges. Check your statements for any other charges you didn’t make, and ask to reverse those, too.
• If you believe that someone may have accessed your personal or financial information, visit the FTC’s identity theft website. You can minimize your risk of further damage and repair any problems already in place.
• File a complaint with the FTC at ftc.gov/complaint.

Another Rape Coverup? Ask Daisy Coleman

by Attorney Bob Vogel

rlvogel@robertvogellaw.com

What do you do when you are 14 and raped by an older boy? What do you do when you are drugged, beaten, molested and dumped in the snow to live or die on your own after you are used by teen age boys you thought were your friends? You go to the hospital. You go to the police. You ask for help.

You get a rape kit done and it comes back positive. The boy gets arrested. He goes to jail. He confesses. Justice. Right?

Not so fast. If you are a teenage girl in Maryville, you may end up with a different result. You may find that the charges are dropped. You may find that he turns the tables on you. You may find yourself labeled a "skank" or worse. You may find that his family is influential and can get the prosecutor to drop the charges. You may find out that you are the butt of jokes. You may find out that you are now going to be bullied, and your family is going to be bullied. Because, you were asking for it, right?

Wrong. You were drugged. You were raped. It was videoed. Your 13 year old friend was raped, too. And, now, the people you trusted have turned on you. The police aren't helping. The prosecutors have caved into political pressure. After all, he has to get re-elected, doesn't he? Most likely, the judge does, too, as well as the county sheriff.

So, in the back rooms, in hushed discussions, in passing conversations in the hallways of the buildings where you should find justice, you are betrayed: your reputation is sold, your life is sold, your pain and anguish and despair and depression are sold for votes, for a career, for a political favor. You become a dirty joke. You have now been raped, again.

Is this justice? Is this what you hope to find when you lay your life down on the courthouse steeps? Do you expect to be victimized, again?

Daisy Coleman and her family need us to speak out. We need to be outraged at this miscarriage of justice. We need to stand up and say that we will not let this happen to Daisy or any other girl. It is not okay. We demand that the police and the prosecutor do the right thing. If they do not, then we will hold them accountable.

Remember, we always have the right to go after them legally. We can take them to court, sue them and put them in front of twelve honest citizens who will hear all the facts and decide justice. All of us have that right. Certainly, Daisy does. She deserves it, just like you or I do.

I know that, given the opportunity, I would fight for Daisy and her family in court. I would willingly take on this power structure that has denied her justice. I would love to stand against these bullies and to confront her rapist and his family, and the family of all of the boys who were there and either participated, helped or just let it happen and laughed. At the boys and their families who thought it was alright to use her for their pleasure and then discard her like garbage in the snow.

These are sad, pathetic, despicable human beings, and they must be held accountable. Let us all help Daisy find justice.

I look forward to your comments.

Bob Vogel
The Vogel Law Firm
Knoxville, TN
rlvogel@robertvogellaw.com
865-357-1949

Read this excellent and well researched article about the case:

http://www.kansascity.com/2013/10/12/4549775/nightmare-in-maryville-teens-sexual.html

 

The “Justice For Daisy” Movement Has Begun

Between Anonymous hackers and local activists, Maryville is poised to follow Steubenville as the next small-town home of a major teenage rape case. posted on October 14, 2013 at 9:38pm EDT

Jessica Testa BuzzFeed Staff posted about 4 days ago

 

 

I know, right? Now tell your friends!

The "Justice For Daisy" Movement Has Begun

Jessica Testa

 

View this image ›

Daisy Coleman with her brothers. facebook.com

It didn’t take long for the internet to declare war against the city of Maryville, Missouri. On Saturday, the Kansas City Star published a long, revealing look at one mother’s claim that her 14-year-old daughter, Daisy Coleman, was raped, and that backlash over their pursuit of charges against a 17-year-old football player drove their family from the small Missouri city.

 

A Trial Lawyer's Birthday Wish - by Bob Vogel

I wish you didn't need me. I wish I had to find other uses for my skills and training. I wish that people could sit down and air their differences and care about each other enough to work them out in love. I wish that our society truly believed in and applied the golden rule: do unto others as your would have them do unto you. I wish that love could rule the planet. That is my wish.

But, the world in which we live abides by a different motto: me first. In the cacophony of our commercial society, we can no longer hear one another. In the accelerating cascade of images, we have lost sight of each other. We become more and more alone. We are more and more vulnerable. We are more and more likely to grab onto anything that will make us feel part of the whole again. So we buy our way in, or don't, and feel left out.

Our culture is driven by the force of greed. Our self-worth is measured against how well we acquire wealth and material objects. What property we own is what matters. How much influence we have over others is considered the greatest power. To have much and to have a position of influence is considered the American Dream - and, by extension, the dream of most of Western Civilization.

From this derives all the ills of our society. The desperate, the disenfranchised, the isolated, the extremists, the zealots all explode from this nucleus of greed like a great, nuclear explosion. And from this explosion also appear the greedy, the exploiter, the soulless corporate overlord, the overreaching and grasping politician, the heartless prosecutor, the blind, devastating sentences in todays' courts, the tort reform that enslaves every individual and allows for more and more oppression. All derives from this.

As long as our society is driven by these things, you will need me. And I will be there. I will be there to say no to the prosecutor for you, to say let's see what 12 honest citizens will say about your unfounded, exaggerated accusations. I will be there to say no to the insurance company attorney, and point him, also, to the jury box, showing him the 12 honest citizens who don't care about his earnings per share but do care about other people and don't see them just as numbers on some actuaries tally sheet. I will be here to say no to anyone and any entity that wants to oppress you or I until they put me in the ground or until you don't need me anymore.

Truly, I wish for a society in which you don't need me, because that would be a wonderful place to live.

With love,

Bob Vogel
Trial Attorney
rlvogel@robertvogellaw.com

Jail Beatings, Abuse and Rapes - Our broken prison system

by Bob Vogel, Attorney, Knoxville, TN
(send comments to rlvogel@robertvogellaw.com)

“When nearly one in 20 prisoners reports being raped or sexually abused behind bars, it is clear that prison authorities are not doing enough to prevent these serious crimes,” said Jamie Fellner, senior counsel of the US Program at Human Rights Watch.

In fact, prison authorities may even be perpetuating the crimes. Some guards simply turn away. Some watch. Others have sexually assaulted or coerced prisoners into sex or sexually abusive situations. It was recently reported that a female inmate was subjected to a body cavity search when she entered a county jail. She was put in a small bathroom, the door of which opened to the main processing area of the jail. The female guard made her strip completely, squat and cough. She yelled at her: "cough louder, bitch," several times.

Then, she informed the girl that she was going to have to get a mirror so she could see better. With that, the guard opened the door of the bathroom, exposing the female prisoner to a large room full of male officers and inmates who all could plainly see her naked body. When she tried to move behind the door, the female officer screamed at her, "stay where you are, bitch, I didn't tell you to move." And continued to loudly berate and verbally abuse her. ACLU Video of a Prison Strip Search Procedure - graphic

If this did not humiliate her enough, the female guard then went back inside the room with her, and made her squat and cough several more times while looking at her vagina and anus with a mirror, verbally abusing and berating her the whole time. She finally let her stand and get dressed, but then put her in a cell with two other woman with no bathroom. It is supposed to be a holding cell, but because the jail is crowded, they make people stay in these cells permanently.

They have no bathroom facility and no door. They are exposed, 24/7 to anyone that wants to look in on them. Additionally, since they have no bathroom, they have to beg to be taken to one. The guards, out of vindictiveness or apathy, do not take them very often. The women have to urinate in old orange juice containers. And, remember, everyone can see them while they do that. One woman said that she only sips her drinks to keep her mouth from getting dry out of fear that she will have to go to the bathroom and the guards won't take her.

Another female prisoner in State prison told of a guard who would give them favors if he could watch two females have sex while he stood in the door and masturbated.

Where people are disadvantaged and imprisoned, or subject to prosecution, it is too easy to take advantage of them.  Many of these people are stuck in county jail because they cannot make bond. Often, they plea to things they didn't do because it is the only way they can get out of jail and away from these abusive and terrible situations. In a sense, we have recreated the torture chamber and are eliciting confessions by confining people to the terrors of the dungeon.

And, forget taking your case to trial if you are poor and can't make bond. It might be two years before you get a trial date because of the busy court schedules. This situation is constantly exploited by the prosecutors and the police to secure convictions for arrests that would likely fail the test of a trial. Just another kind of abuse and rape, isn't it?

I have seen the scars from beatings on my clients: on wrists where the guards put handcuffs on too tight (months later, the individual can show scars that will never leave) and his hands swelled up to five times their normal size. Jailers beat him, tazered his testicles, gave him shots of drugs and tied him in a steel chair designed to restrain people and which resembles a medieval rack ready to rip the person to pieces. People are left in chairs like this for hours.

Here are some other stories of sexual assaults by prison authorities on inmates:

Tennessee

Jackson County Sheriff Kenneth Bean initially refused to step down after being charged with numerous counts of sexual contact involving at least 10 female jail prisoners. A six-month investigation revealed that Bean had coerced prisoners to have sex by threatening to plant evidence against them. He was also charged with failure to secure and maintain evidence.

“[Bean] offered and gave illegal drugs and favorable treatment to inmates in exchange for sexual favors,” said special prosecutor Alan Poindexter.

In September 2008, as part of a plea bargain, Sheriff Bean resigned and pleaded guilty to a charge of simple assault. Under the plea agreement he cannot run for sheriff again for six years. Additionally, three Jackson County deputies were convicted on charges involving sex with female prisoners.

On June 13, 2008, Kevin D. Vance, a former employee of the Montgomery County Sheriff’s Office, was arrested and charged with having sexual contact with a female prisoner. Vance had worked at the jail for over three years.

Montgomery County jail employee Santiago Alcantara had been fired for the same offense a month earlier. Both Vance and Alcantara pleaded guilty in October 2008, and each received two years pre-trial diversion and probation.

Thomas Baccus was a guard at the Henderson County Jail when he was suspended in March 2008, then fired for having a sexual relationship with a female prisoner. He was arrested last June and charged with felony sexual contact and official misconduct. Baccus had previously been terminated from the Turney Center Industrial Prison, a state facility, for having white supremacy propaganda on his MySpace webpage.

Former Shelby County jail guard Antonious Totten was charged with sexual contact with a female prisoner in March 2007. Totten was supervising several women on a work detail when he decided to hook up with one of them. The two reportedly had sex in a van in full view of the other prisoners, who remained silent because they did not want to lose their jobs. After one prisoner eventually came forward they all were called as witnesses.

Totten’s attorney, Blake Ballin, called the witnesses against his client “a parade of liars, thieves, cheats and forgers.” Nevertheless, Totten was convicted and sentenced to one year in jail. The sentence was suspended except for time he had to serve on weekends.

On November 18, 2008, Angel Harris appeared in court on felony charges of having sexual contact with a prisoner. Harris was employed at the CCA-run Silverdale Detention Center in Chattanooga at the time the incident took place.

There is an epidemic out there and it is growing. Somehow, for some reason, our society is becoming hardened and callous about the way people in prison are treated. And the predators are taking advantage of it. Our people, our fellow citizens, our brothers and sisters, cousins, children - our fellow human beings are being preyed on. And, not just by prison authorities and other prisoners - even by the system itself that charges them $5 per minute to make a phone call, overcharges them for catheter bags that leak, won't give them proper medication and let infections eat away at their bodies.

There is a song by Phil Ochs and one of the verses goes like this:

Show me a prison,
Show me a jail,
Show me a prison man whose face is growing pale;
And I'll show you a young man,
With many reasons why,
and there but for fortune,
may go, you or I, you or I.

Maybe we need a good dose of walking in the other guys shoes. Maybe we should remember what Jesus said: "...I was in prison and you came to visit me." And the (self) righteous answered him and asked "...when?" And He answered: "I tell you the truth, whatever you did for one of the least of these brothers of mine, you did for me."

I see people in prisons and jails everyday. I hear their complaints and their cries for help. Sometimes, I look with dismay at the administrative fortress protecting their abusers. And, if I can breach that, the artillery barrage of case law judges have created to protect the abusers and oppressors. They can't see my client, not from the tower of the castle in which they hid and render their anemic decisions.

But, in the end, it is our, society's attitudes that is just rotten. For those held pre-trial with impossible bonds, I want to scream out - they are not guilty. You swore to uphold our constitution and it says that they are not guilty. And, after they are convicted, they become more like cattle. In fact, I don't think people would treat their cattle as badly. They treat them as inhuman - as slaves - as something beneath notice.

And maybe we need to ask ourselves why our country has the highest percentage of incarceration of all western countries?

And there but for fortune, may go you or I....you or I. I pray that neither one of us has to experience what these people live with every day.

Bob V.

If you or someone you know and love was harmed, beaten, abused, raped, or murdered by the police or the prison authorities PLEASE contact me immediately: Bob Vogel, Attorney, The Vogel Law Firm - rlvogel@robertvogellaw.com  or call 865-357-1949. We are ready to help you!

Woman wins $18.6 million for two-year battle over credit report

 

Collection agencies and credit reporting agencies have been getting out of control over the past few years. It is time that people are able to fight back against the dictatorship that the credit rating agencies have over our lives. I have one client who has had a false report entered almost every month by one lender. I am working on that right now. We are trying to get the Department of Safety to stop taking "requests" from collection agencies to suspend licenses in unproven damage claims. There are so many practices out there that are rife with corruption. I have another case I am trying to rectify now where the bank got a judgment against one spouse after a divorce and the credit card company reported that it was against my client, as well, even though there was never a judgment against him.

We need to stand up to these corporate vampires and stop them from abusing people. I'd love to hear from you if you have a similar story. In the mean time, let the article below inspire you that something can be done!

Bob Vogel
rlvogel@robertvogellaw.com
865-357-1949

 

Woman wins $18.6 million for two-year battle over credit report

   

The Associated Press Staff    

July 27, 2013 at 6:33 PM ET

PORTLAND, Ore. -- A federal jury in Oregon has awarded $18.6 million to a woman who spent two years unsuccessfully trying to get Equifax Information Services to fix major mistakes on her credit report.
Julie Miller of Marion County was awarded $18.4 million in punitive damages and $180,000 in compensatory damages, though Friday's award against one of the nation's major credit bureaus is likely to be appealed, The Oregonian reported.
The jury was told she contacted Equifax eight times between 2009 and 2011 in an effort to correct inaccuracies, including erroneous accounts and collection attempts, as well as a wrong Social Security number and birthday. Her lawsuit alleged the Atlanta-based company failed to correct the mistakes.
"There was damage to her reputation, a breach of her privacy and the lost opportunity to seek credit," said Justin Baxter, a Portland attorney who worked on the case with his father and law partner, Michael Baxter. "She has a brother who is disabled and who can't get credit on his own, and she wasn't able to help him."
Tim Klein, an Equifax spokesman, declined to comment on specifics of the case, saying he didn't have any details about the decision from the Oregon Federal District Court.
Miller discovered the problem when she was denied credit by a bank in early December 2009. She alerted Equifax and filled out multiple forms faxed by the credit agency seeking updated information. She had found similar mistakes in her reports with other credit bureaus, Baxter said, but those companies corrected their errors.
A Federal Trade Commission study earlier this year of 1,001 consumers who reviewed 2,968 of their credit reports found 21 percent contained errors. The survey found that 5 percent of the errors represented issues that would lead consumers to be denied credit.

Scary Facts about Trucking Accidents

 If you or a loved one has been seriously injured in an accident involving a commercial truck, contact Attorney Robert L. Vogel immediately to protect your rights. rlvogel@robertvogellaw.com
865-357-4315.

Commercial trucks are big, trucking is big business, and it should come as no surprise to anyone that trucking accidents are very common. Whether you’re eating fresh fruit in the middle of winter or buying affordably priced goods originally made in China, there’s a decent chance that a commercial truck was involved in transporting most of what you buy. Consider the following numbers:

• The commercial trucking industry collects $650 billion in annual revenue. When compared to the gross domestic product of the entire country, trucking accounts for 5% of it.
• There are over 750,000 tractor-trailer drivers and almost 50,000 light truck and delivery drivers employed in the country.
• Trucking accounts for almost 84% of the total revenue taken in by the commercial transportation industry. The remaining 16% is divided between trains, planes, ships, and pipelines.
• In a single day, commercial trucks transport nearly $390 million worth of goods. That equals over $4,400 worth of goods delivered per second.
• There are over three million 18-wheeler trucks operating in the country. They travel over 93 billion highway miles every year, using over 54 million truck tires and 52 billion gallons of diesel fuel to do it.

Trucking Accidents
A fully loaded commercial truck can weigh 80,000 pounds or more. That means that the 18-wheeler that passes you on the highway is 40 tons of metal, fuel, tires, and cargo traveling at 65 miles an hour or more. That’s a very dangerous situation, and just like any other vehicle, commercial trucks are involved in thousands of accidents every year. Consider these numbers from the Department of Transportation:

• There are about 500,000 commercial trucking accidents each year.
• About 5,000 crashes involving commercial trucks result in fatalities.
• For every eight fatal traffic accidents, one of them involves a commercial truck.
• In 98% of fatal commercial truck accidents, the people who die are the ones in the passenger vehicles involved, not the truck.
• The average truck accident results in nearly $60,000 in damages.

Truck Accident Causes
In the majority of truck accidents, the common causal factor is driver error. Adverse weather conditions, poorly designed roadways, failed traffic signals, as well as mechanical failures are also common causes, but driver error is far and away the most common.
According to one study from the Federal Motor Carrier Safety Administration, or FMCSA, 88% of trucking accidents are caused by a driver’s mistake or omission. Of those accidents caused by driver error, the FMCSA found that:

• 4% of the truck drivers involved were currently taking either over-the-counter or prescription medications.
• 23% of truck drivers involved in crashes were later found to be traveling too fast for road conditions.
• 18% of truck drivers involved in crashes were tired or fatigued.

Accident Advice
Trucking accidents are often complicated events with many contributing factors and potential causes. If you’re ever involved in such an accident it can be very difficult to objectively evaluate the situation, especially if you have been injured or your vehicle has been damaged. Talking to an experienced Truck Accident attorney is your best option even if you don’t think you or the truck driver did anything wrong. If you have suffered any kind of damages as a result of a crash involving a commercial truck, you should talk to a lawyer in your area as soon as possible.

 If you or a loved one has been seriously injured in an accident involving a commercial truck, contact Attorney Robert L. Vogel immediately to protect your rights. rlvogel@robertvogellaw.com
865-357-4315.