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MarketMarket GOLDMarket St., St.,& St., ASSOCIATES, Suite Suite Suite 515 515 P.C. 1835 Market St., Suitelook 515 Philadelphia,Philadelphia,1835Philadelphia, Market PASt., PA PA 19103Suite 1910319103 515 Philadelphia, PA 19103 Ph:Ph:Ph: (215) (215) (215) 569-1999569-1999 569-1999Philadelphia, •• •Fax: Fax:PA (215) (215)19103 (215) 569-3870 569-3870 569-3870 Ph: (215) 569-1999 • Fax:With (215) 569-3870 Ph: (215)www.discrimlaw.net www.discrimlaw.net569-1999www.discrimlaw.net • Fax: (215) 569-3870 www.discrimlaw.netwww.discrimlaw.netdiscrimination, and THE PHILADELPHIA L AW Y ER CONTENTS Vol. 82, No. 4 Philadelphia Bar Association Quarterly Magazine Winter 2020 FEATURES DEPARTMENTS 4 From the Editor BY EMMANUEL O. IHEUKWUMERE 7 From the Chancellor BY CHANCELLOR HON. A. MICHAEL SNYDER (RET.) 9 Ethics BY DANIEL J. SIEGEL Guidelines for “friending” judges on social media and IRL 11 10 In Memoriam 11 Chronicle of the Silver Fox 27 2019 Ginsburg Essay Winner For years, he got away with it, too—until he didn’t BY AMY CHIN-ARROYO BY STEVE LACHEEN “Silenced Voices: Indigenous Asylum Seekers in the U.S. Immigration System” 16 Blue Over Blue A short history of child support statutes in PA 34 Technology BY DAVID I. GRUNFELD BY DANIEL J. SIEGEL Tried-and-true technology recommendations for 2020 17 Global War at the Trolley Diner A small-town tragedy, and a young man’s vow to take on the 38 Book Review world BY HON. RICHARD B. KLEIN (RET.) BY ALLEN J. TILLERY “Two Times Platinum” by Llloyd Remick 20 The Smoking Text 39 Extras How to authenticate text messages and social media in child Can you solve this puzzle from Association member Bob custody litigation Stern? BY MEREDITH BRENNAN 40 That Was Then - 1990 22 Let's Not Destroy Cy Pres Bench-Bar 1990 – “Futurescope” There is a very good solution for unclaimed funds BY KEN GRUNFELD 24 16 > 45 The presidential math is clear BY M. KELLY TILLERY 28 Chancellor Hon. A. Michael Snyder (Ret.) Introducing the Philadelphia Bar Association’s 93rd Chancellor BY NIKI T. INGRAM 28 2 the philadelphia lawyer Winter 2020 FROM THE EDITOR Arguing Against Continuing Governmental Immunity in Medical Malpractice Actions in Pennsylvania EMMANUEL O. IHEUKWUMERE Imagine that you are unable to afford health constipation. insurance premiums—like tens of millions of You decide to retain counsel to investigate your potential Aother Americans—and are also unable to qualify case. Your plaintiff’s attorney requests, obtains, and reviews for either Medicare or Medicaid coverage; hence, your medical records from the City Health Center, which indeed you decided five years ago to get your health care from one confirm that throughout the five years you were under the City of the City of Philadelphia’s Health Centers. Imagine also that Health Center’s care, you were never referred for colon cancer last year, you were diagnosed with Stage 4 colon cancer with screening, despite being over 50, nor referred for diagnostic distant metastasis to the liver and brain, which carries a five- evaluation to rule out cancer, despite your documented symptoms. year survival of less than 15%. You are only 55 years old, with Your medical records further confirm that all your medical care a family of four—a spouse and three teenaged children. You are took place within the City Health Center, except for two chest understandably devastated by the diagnosis. You begin to worry x-rays for evaluations of chest pain. Both were performed at about what your absence in the life of your an outside radiology practice with normal family will mean to them, especially to your impressions for both studies. To your surprise youngest child. Your life-changing diagnosis and utter dismay, your attorney declines to forces you to research whether or not your proceed with your potential case on the grounds cancer could have been diagnosed early with that recovery against the City and its employees a better prognosis. Your research of medical would be practically impossible due to the literature reveals that virtually all respected application of the Political Subdivision Tort medical guidelines, including those of the Claims Act—which is the local governmental American Cancer Society, the United States immunity statute applicable to municipalities, Preventive Services Task Force, the American such as the City of Philadelphia. College