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Archive for May, 2010

Eulogy for My Father

Monday, May 31st, 2010

By Atlanta Injury Law Blog , Ken Shigley.

Eulogy for My Father
Robert Nelson Shigley, June 25, 1924 - May 27, 2010

Mentone Community Church
Mentone, Alabama
May 30, 2010

Daddy was born a few hundreds yards from here in a farm house built around a pioneer log cabin.

It was a time before paved roads or electricity came to the mountain.

His grandmother Melissa's family, the Keiths, were among the first settlers on this mountain after the cruel expulsion of the Cherokee.

His grandfather, Frank Shigley, came here from Michigan at 18, in 1883, after a barn fire injured his lungs, was one of the first Wesleyan Methodists in Alabama, was a founder of this church, and gave the land for Moon Lake School. The home where Frank and Melissa Shigley finished raising 12 children is the Mentone Community Center.

Dad’s father, Ernest Shigley, Sr., was a country school teacher and skilled carpenter who was called to the Wesleyan Methodist ministry at age 30, the year Dad, the fifth child, was born. He was pastor of this church, built or renovated 32 churches, and was president of the Gulf States Conference of the Wesleyan Methodist Church. At 84, in the last year of his life, he built the current parsonage at this church.

That’s the heritage that helped to form him.

All his life Daddy told stories of growing up at Mentone during the Depression.
- Raising and preserving by traditional methods their food on the family farm.
- Providing food and shelter (in the barn) to Dust Bowl refugees who came through.
- Wearing patched hand-me-downs from Ernest, Harold and Leonard.
- Hauling syrup cane on a mule wagon to the sorghum mill and corn to the grist mill and as a teenager working for a dollar a day in a saw mill.
- The year the family couldn’t afford for all 5 kids to go to school, so he and Leonard stayed home and rode the bull all over the mountain.
- His older sister Brownie entertained him by making up stories of fantastic journeys in a magic Model T. (She has been in the Father's house 59 years, and is still missed by all who knew her.)
- Playing baseball in pastures with pine knots for balls and hickory sticks for bats.
- His beautiful Aunt Margaret making a coconut cake for his 4th birthday.
- The excitement when electricity and radio first came to Mentone.
- Going to school at Moon Lake, and enjoying long unsupervised recesses when the kids would run next door to his grandparents’ house, where his grandmother would give them treats of teacakes she kept in a bleached fertilizer bag, sweet potatoes, or biscuits filled with honey.
- Life centered on the church, preaching Sundays rotating between 3 churches, revival meetings, all day singings and dinner on the grounds, and boys walking their best girl home from Sunday night services down dark country roads.
- After finishing their chores on hot summer days, boys went skinny dipping in Little River, and Dad once got covered completely with poison ivy. Another time he and his buddies were in the river when Miss Martha Berry, founder of Berry College, came by in a boat with her entourage. The boys stayed submerged til Miss Berry’s boat had passed.
- All his life he bore a scar on his foot from an incident while chopping kindling barefoot at age 7.

Like several of the Shigley cousins, Daddy went to the Wesleyan Methodist boarding high school at Central, SC, the campus that is now Southern Wesleyan University. (A cousin is here from Central today.) Never one to miss a chance to buck authority, the adolescent rebel found in Central’s strict rules a target rich environment.

In his senior year he dropped out of high school to join the Army against his parents’ wishes. An indifferent student, he was surprised when he knocked the top out of the aptitude test. He entered the Army Air Corps and flew 36 combat missions against Nazi Germany as a B-17 waist gunner based in Foggia, Italy.

Like many veterans he was reticent about his war experiences until old age. Sometimes in recent years I wasn’t sure where fact left off and embellishment began, but I took it all at face value. He told me:
- of harrowing flights through flak-filled skies, seeing other planes in his group shot down;
- of climbing out over an open bomb bay to ratchet loose a load of bombs that was stuck;
- of an emergency landing in Yugoslavia, and being escorted past the German troops to the Adriatic coast where a fishing boat got his crew back to Italy;
- of an incident while on sentry duty, shooting a saboteur who had infiltrated the unfenced airfield;
- at the end of the war, being confronted by the first German jet fighters that were too fast to shoot at, and being saved by the Tuskegee Airmen flying escort in P-51s.

In WWII, everyone got cigarettes rations and bomber crews got whiskey rations after every mission. Rations became addictions and his nemesis, but he sheltered me from it growing up.

After the war and college, Daddy found his way back to Mentone. For a while he was principal at Moon Lake School. He and his brother Leonard built the house I grew up in, Daddy buying a load of materials every payday til it was finished.

When Menlo had both a high school and a red light, he went there to teach and served six years as principal. My parents took the Class of ‘57 to Washington. Some of them are here today. (Show of hands.) I tagged along as a 5 year old mascot.

At Menlo, he helped dirt poor students - children of loggers and sharecroppers – find a way to get into college. One boy from the mountain lived in a cabin with no electricity, and had to study by the dome light of the log truck. Daddy got him into Emory. Delivering him there was my first visit to the Emory campus. I have heard from a number of his former students who say that he changed their lives, even saved their lives.

To maintain order he didn’t always have to speak. The snap of his fingers could be heard all the way down the hall with unmistakable clarity. And when needed, his paddle with holes drilled in it was an effective “board of education.”

Last summer I accompanied Dad to Menlo for a class reunion at a town celebration in the park. He was delighted when former students came up to greet him, some with great-grandchildren in tow.

Growing up at Mentone, and at Menlo School, I worshipped my father with all my heart. He was my hero.

He could be quite a joker. When I proposed to a girl on the playground in second grade, most adults who heard the story just thought it was cute. He saw it as a teachable moment. A few days later in mock seriousness Dad told me her family was building a house next to theirs for the very young couple. I could see my life pass before my eyes. Married at 7, a father at 8! Where was this going? He lectured me about trifling with a girl’s heart.

Two years after Menlo lost its high school in consolidation, we moved away from Mentone. Life would never be the same.

Daddy completed his doctorate at Alabama, and his career took off, as you can read in today’s Atlanta Journal Constitution.

Those of us who loved my father, and who bear him to his rest today, knew a man who was surely not without faults, but who always cared deeply about the less fortunate, whether they were children of sharecroppers at Menlo, special needs children across Georgia, or Indian and Eskimo children in Alaska. I believe that loving spirit came out of his raising here at Mentone, in his family, in this community, and in this church.

But it sometimes seemed that the further he went from Mentone, the further he drifted from his Wesleyan raising.

Toward the end of life, however, he began to gravitate back. In the words of a country song, the roots of his raising ran deep. He came home for visits and talked of moving back here, but realized most of his friends here were gone.

In recent months, as he lingered on the front porch of eternity, Daddy told me many times, “I made a lot of mistakes in my life.” There was confession and repentance. After he entered nursing care this spring, I retrieved his car and when I turned on the ignition, a Blackwood Brothers gospel music CD worthy of any Holy Ghost revival blared out. He cherished visits from our pastors and the hospice chaplain.

Ten days ago, in his last lucid interval, we had our last dinner together at an outdoor restaurant table in the soft light of a May evening. Before I returned from a business trip last weekend, he had slipped into a sleep from which he did not emerge.

Thursday afternoon his soul went home.

The dreams that led him on the journey of a lifetime began here at Mentone, and now we bring back home his earthly remains.

In the final months of his life, Dad’s mind was clouded by illness. That cloud has now lifted. He is himself again - more himself than at any time on this earth.

And as the last flight took him beyond the sunset, and as heaven's morning broke, I like to think that flights of angels sang him to his rest and that all the trumpets sounded on the other side.


See you later, Daddy.

Originally posted at Atlanta Injury Law Blog . Please visit http://www.atlantainjurylawblog.com/ .

Transocean seeks delay of oil spill depositions

Friday, May 28th, 2010

By Breaking Legal News, Breaking Legal News.

The company that owns the sunken Deepwater Horizon rig argued in federal court Tuesday that plaintiffs should not begin collecting evidence and testimony on the Gulf oil spill until the November deadline for claimants to file suit.

Transocean Ltd. made its arguments in Houston after the federal court there accepted the company's petition to limit its liability in the oil spill to less than $27 million, the amount the company says the sunken rig is worth.

U.S. District Judge Keith Ellison made no rulings Tuesday. He scheduled two more court dates for early June, noting he wants to focus on whether the suit should remain in Texas or move elsewhere and whether depositions should begin immediately.

Ellison indicated he didn't want to wait.

"Is that a luxury we have in this case? Isn't that an awful long delay?" he asked the Transocean attorneys who argued to wait until all the lawsuits have been filed.

Transocean owned the rig that blew up April 20, killing 11 workers and causing one of the worst U.S. oil spills in decades.

The liability limit set by Ellison's court is based on a 19th century federal maritime law. Lawsuits have been filed in numerous states, and Transocean has said it filed its petition under the 1851 Shipowner's Limitation of Liability Act to get all the lawsuits aggregated in one court.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

INFLUENCE GAME: Govt regulators hired by companies

Friday, May 28th, 2010

By Breaking Legal News, Breaking Legal News.

At a 2005 workshop, a senior official in the U.S. government's Minerals Management Service raised concerns about ultra-deepwater drilling and included the bullet point, "Few or no regulations or standards." Within two years, Jim Grant left his post as chief of staff of the government's Gulf of Mexico region to take a job with BP PLC — one of the companies his former agency regulated in its oversight of offshore drilling.

Grant's change is one example of the revolving door between the Interior Department's MMS and the oil industry, which increasingly has the attention of Congress, the Obama administration and watchdog groups after the disastrous BP oil spill at an ultra-deepwater rig in the Gulf of Mexico.

Just this week, a government report said drilling regulators have been so close to the industry they've been accepting gifts from oil and gas companies and even negotiating to go work for them.

As BP's regulatory compliance and environmental manager for the Gulf of Mexico strategic performance unit, Grant has weighed in on several offshore drilling proposals by his former federal employer and other government agencies.

Last fall, speaking at a U.S. ocean policy task force, Grant cautioned the group to "carefully weigh policies that may establish exclusionary zones, disrupt the MMS leasing program or affect opportunities for economic growth," according to a statement posted at WhiteHouse.gov. He said BP supports access to areas previously off-limits to leasing, such as the eastern Gulf of Mexico.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Australia takes Japan to court over whaling

Friday, May 28th, 2010

By Breaking Legal News, Breaking Legal News.

Australia said Friday it will challenge Japan's whale hunting in the Antarctic at the International Court of Justice, a major legal escalation in its campaign to ban the practice despite Tokyo's insistence on the right to so-called scientific whaling.

Japan's Foreign Ministry called the action regrettable at a time when 88 member-nations of the International Whaling Commission were discussing a proposal that could allow some limited whaling for the first time in 25 years.

"We will continue to explain that the scientific whaling that we are conducting is lawful in accordance with Article 8 of the international convention for the regulation of whaling," said Japan's Foreign Ministry Deputy Press Secretary Hidenobu Sobashima. "If it goes to the court, we are prepared to explain that."

Japan, Norway and Iceland, which harpoon around 2,000 whales annually, argue that many species are abundant enough to continue hunting them. They are backed by around half of the whaling commission's members.

Australia has declared the southern seas a whale sanctuary and has long lobbied for an end to whaling there. The government says Japan's hunt is in breach of international obligations, but has declined to release any details of how it will argue its case before the court in The Hague.

The whaling commission has proposed a plan that would allow hunting without specifying whether it is for commercial or other purposes — but under strict quotas that are lower than the current number of hunted whales.

Commission Chairman Cristian Maquieira expressed optimism Thursday in Washington that the issue could be resolved at a meeting next month in Morocco. But senior U.S. official Monica Medina said the current proposal would allow the hunting of too many whales, signaling difficult negotiations ahead.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

New court date for Charlie Sheen over Aspen arrest

Friday, May 28th, 2010

By Breaking Legal News, Breaking Legal News.

Actor Charlie Sheen has a new court date over domestic violence allegations involving his wife, as settlement talks continue.

Sheen has pleaded not guilty to menacing, criminal mischief and assault charges stemming from an argument with his wife, Brooke Mueller Sheen, on Christmas Day at an Aspen home where they were on vacation.

A hearing is scheduled June 18, but The Aspen Times reports that the court this week set another hearing for June 7.

Sheen's attorney Richard Cummins told the newspaper the hearing was set "in contemplation of a final disposition being made that's acceptable to the district attorney's office."

Aspen prosecutor Arnold Mordkin declined to comment on settlement discussions.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

CA court rejects Jackson doctor child support deal

Friday, May 28th, 2010

By Breaking Legal News, Breaking Legal News.

Michael Jackson's former doctor lost a bid in a California court to resolve a child support issue that threatens his Nevada medical license.

A Santa Clara County Superior Court commissioner rejected a bid Thursday by attorneys for Dr. Conrad Murray to obtain a court order relieving Murray of an obligation to pay about $16,000 in back child support to the mother of his 12-year-old son.

Authorities in Las Vegas had said that if Murray got the California court order, Nevada would stop efforts to revoke his medical license for failure to pay.

A hearing is set June 25 before a Family Court hearing officer in Las Vegas.

Murray told police he administered the anesthetic propofol to Jackson for insomnia. Murray has pleaded not guilty to a felony charge of involuntary manslaughter in the death of the pop star.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Design Your Website, With Help

Thursday, May 27th, 2010

Hundreds of independent companies start each year in the state of Utah, and in order to make their mark upon the world, they’ll need to make their creative mark on the world, literally. Web design in Utah is typically a big business game, with corporate views on its customers and their eyes on the next customer. Instead of making the development of your website a dreaded affair, why not look into some of the more personable Utah web design firms?

Comparatively, small businesses may have a slightly higher cost than big businesses, but why is this? Is this because they only have a few people personally dedicated to the construction of your website? Hometown Utah web designers who know the ins and outs of your project and make it their personal responsibility to make a quality website because they know who will be held accountable if they don’t?

Having a quality website created should not be a hassle, and it should be a process in which you feel you are working hand-in-hand with a company, and not subjected to how important your website actually is in their minds. Utah web design may seem like a saturated field, but it is saturated with some of the finest web designers available today. Taking advantage of this fact seems like the right thing to do.

Infogenix
491 West 1400 North
Orem, UT 84057
http://www.infogenix.com

California court cases against Toyota consolidated

Thursday, May 27th, 2010

By Breaking Legal News, Breaking Legal News.

A 10-page order signed on Wednesday by Los Angeles County Superior Judge Carl West also recommends that the state-based litigation, consisting of consumer-fraud class actions and personal injury claims, be assigned to a single judge in neighboring Orange County.

The order lists 40 separate cases filed so far in California courts against the Japanese automaker seeking damages for sudden, unintended acceleration of Toyota vehicles, said Aldwin Lim, a court clerk.

A final decision on assigning the cases rests with the chief justice of the state Supreme Court, Ronald George, and he is expected to render his decision in two to three weeks.

Complaints of runaway vehicles and other safety issues have led to the recall of more than 8.5 million Toyota vehicles worldwide, most for repairs of ill-fitting floor mats and sticking gas pedals the automaker blames for surging engines.

At a hearing before West on Tuesday, a lawyer for Toyota Motor Corp urged the judge to order all the California court cases to be sent to Orange County, the same jurisdiction where over 100 separate Toyota cases brought in U.S. district courts around the country have been assigned to a single federal judge.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

Mass. AG argues against federal gay marriage ban

Thursday, May 27th, 2010

By Breaking Legal News, Breaking Legal News.

The Massachusetts attorney general asked a judge Wednesday to strike down a federal gay marriage ban, arguing it interferes with the right of states to define marriage and have those marriages acknowledged by the federal government.

The challenge to the constitutionality of the Defense of Marriage Act by Attorney General Martha Coakley's office was heard in federal court in Boston.

Assistant Attorney General Maura Healey argued states have historically had the right to define marriage.

She said the 1996 law could result in the denial of Medicaid and other benefits to married couples in Massachusetts, where same-sex unions have been legal since 2004.

A lawyer from the U.S. Justice Department, Christopher Hall, argued the federal government has the right to set eligibility requirements for federal benefits — including requiring that those benefits only go to couples in marriages between a man and a woman.

Hall also pointed to instances where the federal government has regulated the definition of marriage in certain immigration cases.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

2 men get probation for Big Dig fraud

Thursday, May 27th, 2010

By Breaking Legal News, Breaking Legal News.

Two former managers of a company convicted of supplying substandard concrete to the Big Dig highway project in Boston have avoided prison time for their roles in the scheme.

A federal judge on Wednesday sentenced 64-year-old Robert Prosperi of Lynnfield and 53-year-old Gregory Stevenson of Furlong, Pa., to three years of probation, including six months of home confinement.

Federal prosecutors had requested prison sentences of at least seven years for each former manager at Aggregate Industries Inc.

U.S. Attorney Carmen Ortiz said the government was "disappointed" with the sentences because they do not "reflect the seriousness of the offense."

The men were convicted in August of 135 felonies, including conspiracy to commit highway project fraud. Their lawyers argued for leniency because they did not profit personally from the scheme.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.