Take a look at our October newsletter!
For The Ambitious Advocate BRIEF RECESS
OCTOBER 2024
FROM THE LAW OFFICES OF J. PRICE MCNAMARA
HOW MUNICH’S TRADITION BECAME AN INTERNATIONAL PHENOMENON The Origins of Oktoberfest
While most Americans associate October
Citizens’ Medal for his efforts). It was such a success that the newly wed couple insisted on holding a yearly celebration of the event that all in Bavaria could enjoy! In subsequent years, the party would grow into the beer-drinking, game- playing, international sensation that it is today! Celebrating Oktoberfest Due to the unpredictable weather in Bavaria (Southern Germany), the start date of Oktoberfest was actually pushed back into September and is a two-week celebration that culminates on the first Sunday in October. To open the festivities, 12 guns are fired in a salute, and the mayor of Munich taps the first keg of beer at around noon. Of course, the inaugural ceremony would not be complete without the mayor exclaiming, “O’zapft is,” which is Bavarian for “It’s tapped!” Each brewer at Oktoberfest has their own tent, where they host guests and serve their own iconic beer. The largest of these tents was the Bräurosl in 1913, which had room for 12,000 eager drinkers. Today, the Hofbräu-Festhalle tent, which has room for 10,000 to join together in revelry, is the largest currently active tent. Oktoberfest is also celebrated with large parades, where floats and beer wagons saunter down the streets of Munich, followed by bands and performers dressed in traditional Bavarian outfits. For those who prefer games to
with Halloween, in Germany — and many places around the world — it is synonymous with the largest festival in the world: Oktoberfest. You might think a celebration that has been going for 214 years may have lost some steam, but Oktoberfest still draws over 6 million visitors to its beer gardens and carnival games in Munich, Germany, annually. The occasion is well known for its diverse offerings of beer and the copious amount of drinking that goes on there. An estimated 2 million gallons of beer are consumed at Oktoberfest each year — that’s more than three Olympic swimming pools’ worth of liquid gold! However, despite the current fanfare and method of celebration, Oktoberfest actually has its roots in a royal wedding that took place over two hundred years ago, in what was then the Kingdom of Bavaria. The Origins of Oktoberfest On Oct. 12, 1810, Prince Ludwig of Bavaria — later King Louis I — and Princess Therese von Sachsen-Hildburghaussen — the woman with perhaps the most German name ever conceived — celebrated their wedding over the course of five days. The party was a massive success, thanks in part to Michael Dall’Armi, who had the brilliant idea to cap off the wedding festivities with an exciting horse race outside the gates of Munich (he was later awarded the Gold
“An estimated 2 million gallons of beer are consumed at Oktoberfest each year — that’s more than three Olympic swimming pools’ worth of liquid gold!”
drinking, there are massive carnival games and amusement park rides to entertain the millions who grace the festival every year.
Oktoberfest in America Oktoberfest has extended its influence
worldwide, and that includes in the United States. Many American cities — especially those with large German-American populations — host their own Oktoberfest festivals, which emulate the long-running celebration in the Bavarian homeland. It is amazing that the anniversary
of a Bavarian royal wedding has blossomed into the largest festival in the history of the world!
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The Story of Jim’s Battle Again
Dan Finally Gets Justice After a Bog
We thank our referral counsel for the opportunity to help fight for Dan on this one. (Referral counsel received a fee of $16,550.)
he was permanently and totally disabled. Dow agreed to let him try. Dan reported to work at Dow for a short period, but literally “just sat there.” He couldn’t even reach to type or use a keyboard due to severe shoulder pain. Still less than 365 days post-accident, his surgeon essentially said, “I told you so,” and declared him disabled from working in any capacity, as he knew he was all along. Even the Social Security Administration declared Dan totally disabled. NUFIC based its hair-splitting denial of benefits on the absence in the record of the word “permanently” in the surgeon’s declaration of total disability. Thus, said NUFIC, the record could not support the required “ permanently and totally” disabled within 365 days after the accident. Insurance companies know how to use ERISA law technicalities to deny claims. Claimants and their attorneys need to know as well! Technically, NUFIC was right. Dan came to us after administratively appealing the denial on his own. His appeal would have been his last chance to correct that technical shortfall in the record if an attorney had filed suit without curing the problem first. Under ERISA law, the court cannot consider any evidence that was not made a part of the official administrative record before the suit is filed.
Long-term disability insurers look for any opportunity to deny a claim. In a nutshell, National Union Fire Insurance Company (NUFIC) attempted to exploit our client Dan’s (not his real name) commendable attempt to return to work while totally disabled, even though that short attempt ended in failure. Dan, age 60, was a process technician at Dow Chemical Company. He fell while on a fishing trip and injured his arm and shoulder, leaving his arm useless after multiple surgeries. Dow had an ERISA-governed permanent and total disability plan insured by NUFIC. Benefits were payable if he was rendered “permanently and totally” disabled within 365 days of the date of the accident. Insurance companies will exploit best efforts to work, despite the efforts ending in failure. At Dan’s insistence, before the 365 days were up, his surgeon released him to attempt a return to “light duty” desk work, with special accommodations, although telling Dan it would never work and that
FINDING TIME TO DO THE REALLY IMPORTANT STUFF What Keeps You Up at Night?
In the last issue, I shared a nutshell version of my legal journey to the present and how owning my own law firm came with nagging fears:
small law firms from all different practice areas from all over the country that shared the common goal of living less stressful lives and running better and more profitable law practices without using mass advertising like TV ads or billboards. That event, and the friends I made there, led me to several other similar organizations. I was amazed to learn that communities of lawyers out there have already solved the business issues I’m currently struggling with and are willing to share everything they know. About the best technology, website vendors, answering services, phone services, case management software, intake software, graphic designers, video producers, and newsletter services. About hiring, staffing, firing (inevitable), planning, creating processes for efficiency, and identifying “things that need to be fixed” in your practice. About the best uses of your next hour and next dollar to improve your practice, given your unique current circumstances, with the overarching goal of improving your life. About how your law practice can serve your life instead of making you its slave.
1. Uncertainty whether I would always have enough business to sustain my family; and 2. Work-life balance, and the struggle to not let the practice consume me to the detriment of my family.
Maybe you can relate.
Then moving from my hometown of Metairie, where I was well- networked, to Baton Rouge after Hurricane Katrina destroyed our home and my office in 2005 (I can’t believe it’s almost 20 years!) put those fears into overdrive. It also drove me to learn what actions I could take to eliminate those fears. Hanging out with others who know more than you do is key … I attended a three-day event called Great Legal Marketing Summit in Fairfax, Virginia. The event gathered consumer-facing lawyers and
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nst Unjust Benefit Termination
gus Claim Denial
ULTIMATE BAKED ZITI
So, we got with his surgeon to confirm that Dan was “ permanently and totally” disabled before the 365 day mark after his accident, although the medical record had left out the “permanently” part. The surgeon issued a “to whom it may concern” letter to that effect. By sending the letter to NUFIC before filing suit with a request that they consider it and reconsider their denial, it became part of the administrative record for the court to consider. NUFIC rejected it, so we filed suit seeking full benefits and attorney fees. NUFIC later saw the light and settled the case at mediation for a confidential sum. Dan had paid years of premiums for permanent and total disability coverage and never should have been forced to sue for the benefits he was entitled to receive.
Ingredients • 1 (16 oz) package of dried ziti pasta • 1 onion, diced • 2 cloves garlic, minced • 1 (24 oz) jar marinara sauce
• 1 (14 oz) can diced tomatoes • 1 cup ricotta cheese • 1 cup shredded mozzarella cheese • Salt and pepper, to taste
Does your office turn away calls about “long-term disability insurance” claim denials because you don’t handle administrative appeals or “ERISA litigation” in federal court? We want to hear from you! We happily share fees on referred ERISA long-term disability, life insurance, and accidental death insurance denial cases. Send us an email at BriefRecess@jpricemcnamara.com or call (225) 201-8311 to start the referral process! WE VALUE YOUR REFERRALS! Directions 1. Preheat oven to 375 F. Grease a 9x13-inch baking dish. 2. Cook ziti according to package instructions. 3. In a large skillet over medium-high heat, cook the onion and garlic until softened. 4. Add marinara sauce and diced tomatoes, stirring to combine. 5. Stir in the cooked ziti and season with salt and pepper. 6. Transfer mixture to baking dish. 7. Top with ricotta and mozzarella cheese and bake for 20 minutes or until the cheese is melted and bubbly.
But learning is useless without taking action to use it … My biggest problem with all of this is that I learned and learned all this great stuff but took too much time “not having time” to implement, implement, implement. Boy, we lawyers are busy aren’t we? A mentor of sorts recently said: “If I want to see your priorities, I only have to look in two places: your calendar and your checkbook. We’re now over three-quarters of the way through the year ... If you are struggling to find time to do the things you promised yourself you’d accomplish in 2024, maybe you need to cancel some appointments and replace them with time blocks to achieve your real goals. Most lawyers let the urgent get in the way of the important. Don’t be most lawyers.” I started doing this too late, but it’s life-changing. If you don’t commit to annual and quarterly goals and decide what stepping stones must be crossed to reach them, then you have to block adequate time on your calendar to work on them , or they’re not happening. It’s a tough habit to form, and you need to set aside time (on your calendar!) to think and plan it out, but it’s worth it. Otherwise, nothing changes.
ERISA is all we do!
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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
ERISA INSURANCE J. PRICE MCNAMARA Claim Attorney
10455 Jefferson Hwy. Suite 130 Baton Rouge, LA 70809 (225) 201-8311 WinMyBenefits.com
INSIDE THIS ISSUE
1 2
Oktoberfest’s History
Client Success Story
Part 2: What Keeps You Up at Night?
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Ultimate Baked Ziti
Neuroscience-Inspired Strategies for a Sharper Mind
SUPERCHARGE YOUR MEMORY Neuroscience-Backed Tips for a Sharper Mind
Nourish your brain with the right fuel. The saying “you are what you eat” is true for brain health. A diet rich in low-sugar, low-refined carbs and healthy protein and fat sources can
In today’s fast-paced world, having a sharp and reliable memory has become more critical than ever. Fortunately, recent advancements in neuroscience have revealed new techniques to help us improve our cognitive abilities and retain information more effectively. Here are four scientifically backed tips to transform your memory and unlock your full potential. Exercise your brain and body. Numerous studies have shown that regular physical exercise can profoundly impact cognitive function. When you engage in aerobic activities such as running, cycling, or swimming, you improve your cardiovascular health and stimulate the growth of the hippocampus — the area of the brain responsible for learning and memory formation. Meditate for a sharper mind. Did you know mindfulness and meditation can improve your memory? Researchers have discovered that individuals who practice meditation regularly, even just a few minutes a day, exhibit increased brain volume in the hippocampus, resulting in enhanced memory performance.
support optimal cognitive function. These foods provide the building blocks your brain needs to keep your memory sharp and thinking clear. Practice improves memory. Practicing regularly is one of the most effective ways to improve your memory. Whether memorizing song lyrics, reciting poetry, or even just trying
to recall your daily tasks, the more you challenge your brain to store and retrieve information, the better it will become.
So, what are you waiting for? Start exercising, meditating, fueling your brain, and practicing today — your future self will thank you.
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