Disciplined in Sophisticated Defense and Insurance Litigation

February 23, 2017 | Publication| Is It Hot in Here? Significant Recovery Opportunities with Boiler Failures

Dean S. Rauchwerger, Geoffrey M. Waguespack

This article originally appeared in the Litigation Management Magazine, a publication of the Claims & Litigation Management Alliance (CLM). Legal opinions may vary when based on subtle factual differences. All rights reserved.

Water boiler failures provide significant recovery opportunities. By understanding how these relatively simple systems work, one can realize that recovery potential and identify the probable failures modes, skillfully directing the recovery investigation, and asserting the proper legal theories that afford recovery. Steam and energy-generating boilers date back to the late 1700s and early 1800s with the development of kettle-type boilers. As mechanical capabilities and technology advanced, steam/ energy generation sky-rocketed. Recovery opportunities for boiler failures are numerous given the sheer quantity of boilers operating in the field. As of 2005, there were up to 162,000 boilers in manufacturing, lodging, and industrial applications. Commercial properties in the U.S. host over 581,000 boilers. Major steam-generating industries, such as food, paper, chemicals, refining, and energy are home to 71 percent of the boiler units and 82 percent of the boiler capacity. There are relatively few kinds of power-producing boilers. Water tube boilers and fire tube boilers are the predominant types. Each has numerous subset variations. Water tube boilers, the primary focus here, are the most common boilers.

How They Work

Water tube boilers are relatively simple. Most consist of a pair of drums, tubing, and a heat source. One upper drum for steam collection, and one lower drum for water heating. The drums are connected with tubes, primarily downcomer and riser tubes. A system of burners heats the water in the lower drum, which produces steam that naturally flows to the upper drum. The upper drum facilitates steam and water separation with the water stored below the steam. The water that collects in the upper drum is then fed back into the lower drum at hotter temperatures, continuing the cycle of convectional water flow in the system. Heat can also be applied to the tubing and there are several other variations, but recovery avenues following failure events are applicable throughout a majority of water-tube boilers. Commercial and industrial water-tube boilers have different applications that power a wide variety of business. Commercial water-tube boilers generally generate steam for hot water utility or comfort applications. A significant portion of hotels and office buildings use water-tube boilers for heating and water boiling. Hospitals and medical facilities tend to use water-boilers for sterilization, humidification, and dietary cleanliness. Industrial water-tube boilers generate energy and facilitate industrial applications. Some commercial applications will require higher pressures and larger quantities of steam generation, as well as higher energy/heat inputs from external heating sources. For example, companies that generate ethanol or natural energy and by-products rely on water-tube boilers for their production processes.

Recovery Opportunities

Water-tube boilers are large steel and alloy machines that manipulate heavy pressures and temperatures that can exceed 1,800 degrees Fahrenheit. Because strength of steel drops exponentially at temperatures over 800 degrees, numerous issues can affect a boiler’s operation, resulting in catastrophic failure.

Low water conditions — Most boilers do not use pumps to push water through the system. Instead, they allow and rely on natural circulation of water through the tubes. Constantly flowing water, at proper levels, removes heat from the tubes. As the water temperature rises in the upper boiler steam drum, sufficient heat is eventually generated and steam forms. Cold water is then fed into boiler, replaces the water that rose, creating the natural circulation. Low water conditions usually occur when diminished amounts of cold water enter the system to replace the water lost to generated steam. Without sufficient amounts of cold water, the low water condition can melt or otherwise severely damage the steel tubing. Several common causes of low water conditions include trip switch failure, control valve failure, feedwater pump failure, and sudden changes in the steam load. Trip switches are an inexpensive preventative measure to avoid boiler damage due to low water conditions. These easy-toinstall switches will shut off a boiler when low water conditions occur. Newer boilers tend to contain these switches and industry standards typically promote their installation in older boiler systems.

Poor water/chemical treatment — The water running through a boiler system is supposed to be treated. Proper treatment protects the boiler tubing from two basic issues — minimizing solid deposits and preventing corrosion. When the water is vaporized to steam, there are solids that are left behind. Most boilers operate at adequately low pressures to allow for the use of simple treatment procedures. Solids can also be removed through the use of blow-down procedures and the assistance of trained chemical treatment providers. Although the amount of solids in the water and their density vary, untreated water accelerates a reduction in efficiency. Given the need for efficient water circulation to maintain the temperature of a boiler’s steel tubing, deposit buildup reduces the ability to keep temperatures at optimal levels by reducing the efficiency of water circulation. Eventually, if the water is left untreated and deposits accumulate, the result is overheating and eventual blowout. Proper chemical treatment of the water reduces the solid deposits to acceptable levels. Generally, the greater the operating pressure and running temperatures, the more closely water treatment must be monitored and properly maintained.

Improper warm-up — When external corporate stresses and production requirements are high, extreme over emphasis on expediting boiler operations may result in an initial failure at warm-up. Poor or rushed warm-up is one of the most severe hardships that a boiler can undergo. The boiler’s startup cycle, operation, and turn-off put serious strain on numerous joints. Parts of the boiler, operate at different pressures at different times. All of these materials change temperatures while warming up and cooling down at different times in the warm-up process. Speeding through start-up procedures subjects the boiler components to fatigue and high localized pressures, resulting in acute failures.

Steam blanketing — Steam blanketing affects and damages boiler tubing during normal operation. When the water circulation occurs naturally, as it does in most water-tube boilers, gravity generates proper velocity through the tubes. Improper angling of the tubing, usually due to a design and/or manufacturing defect, decrease water velocity and in turn, may cause stratification.

Stratification — Stratification is the result of decreased water velocity that is insufficient to separate steam from water. Stratification creates the steam blanket, which is the two-phase (water/steam) shift within the tubing that increased localized heating. The ultra-high heat wears out the steel in the tubing, eventually causing a rupture. Steam blanketing can be identified under metallurgical examination. The affected tubes will show noticeable thinning around the steam blanketed area.

Corrosion — Dissolved oxygen in boiler water can cause serious corrosive damage throughout the system when it attaches to the walls of metal piping, causing rust. Steel is always susceptible to water’s corrosive properties. Water-tube boilers are equipped with deaerating systems, which remove oxygen and other dissolved gases from feed-water as it is entering a water-tube boiler. Corrosion is the reversion of steel to its ore form and can affect a boiler in various ways. From localized destruction of tubing, to large-scale impact of the steel drum, corrosion can come from several sources. Generally, corrosion originates from improper water deaeration. Corrosion control processes include proper deaeration, pH level maintenance, deposit control, and reduction of stresses through recommended operational practices.

Recovery Investigation

The initial phase of a boiler failure investigation often requires retention of forensic experts, such as mechanical engineers, metallurgists, water treatment experts, and boiler specialists. Then, heavy photographic documentation of the boiler, the surrounding areas, and the relevant documentation should be gathered. Afterwards, a forensic, expert-driven onsite investigation is usually necessary. Onsite investigations can provide experts with information that is critical to the overall recovery investigation. During the initial phase of the boiler failure investigation, it is important to gather accurate information that will assist the forensic experts in their investigation. There are several pieces of information that will be critical to the investigation into the origin and cause of the failure, as well as the eventual legal strategy regarding potential recovery. Initially, it is important to gather as much accurate information regarding the incident as possible. This information includes:

• Witness information.

• Surveillance camera footage.

• Pre-programmed controls and operational protocols and data.

• Plant processes and operations (including equipment changes or modifications).

• Water treatment records.

• A large number of high-quality digital photographs of the incident scene.

• Identification of the persons most knowledgeable on the boiler design/ installation/commissioning/operation.

• Identification of any entities that or individuals who might have potentially caused or contributed to the failure.

• Electronic data (protocol or process data) on the subject boiler system during the period of interest.

• Contracts, agreements, and documentation for purchase, installation, commissioning, maintenance, and/or modifications of the subject boiler systems and water treatment services.

During the investigation, the experts should aim to understand how the failure occurred and the contributing dynamics.

Recovery Theories

Boiler Manufacturer/Designer — Design defects should be considered when a boiler component is involved in a failure. Small deviations, such as tube angling, porosity of the steel, and thickness of components, can have detrimental impacts on a boiler’s operation. Generally, two types of design defects exist in boilers – ones that directly cause harm and ones that make harm from other sources more likely. The two most common tests used to determine whether a design defect was present are the consumer expectation test and the risk utility test. Under the consumer expectation test, courts determine whether the product was defective to a degree not ordinarily contemplated by the reasonable consumer. Under the risk utility test, courts determine whether the probability of failure and harm posed by the product outweighs the benefits associated with its use. Manufacturing defects occur when the product is manufactured in a way that departs from its intended design or specifications. No matter how careful the manufacturer was when designing the product, choosing materials, creating the assembly line, and issuing quality assurance, the manufacturer still could be liable for deviations that injure consumers. However, manufacturing defects can be difficult to establish. A plaintiff must show that the claimed defect was outside the product’s design specifications.

Water Chemical Treatment Servicer — Water chemical treatment services should be considered. The water chemistry servicer should follow express manufacturing protocols and have a plan to avoid unnecessary fluctuations in circulation and composition of the water. Failures resulting from sludge, waste, or corrosion can be placed on the shoulders of water chemical treatment servicers.

Installer & Maintenance Provider — A retained maintenance provider is also a potential recovery avenue. National Fire Protection Association (NFPA) 85 establishes safe installation, operation, maintenance and training procedures for installers and servicers. NFPA 85 contributes to operating safety and prevents failures in boiler fire systems. Forensic experts should be well-versed in NFPA 85.

Inspecting Entity — When boilers suffer from minor failures, inspecting entities are sometimes retained to determine the cause of the breakdown. These entities must provide clear inspection scopes in written reports that define their respective examination and recommendations. If there is a future failure and a forensic examination reveals that the previous inspecting entity failed to identify existing problems or failed to recommend proper and corrective actions, liability could exist. Statements from the inspecting entity could establish a basis for recovery. Claims generally available include negligence, negligent misrepresentation, breach of contract, and breach of implied and express warranties.

Implied and Express Warranties — The implied warranty of fitness relies on the intentional representations upon which a buyer relies. To establish this claim, the buyer has expressly or impliedly informed the seller of a particular purpose for which the product is required and has relied on the seller’s skill or judgment in selecting or furnishing a product to satisfy that purpose. The implied warranty of merchantability certifies to a buyer that the goods are fit to sell. “Fit to sell” just means that the product is reasonably fit for its foreseeable, ordinary purpose within the customer’s reasonable expectations. An express warranty is any affirmation of fact or promise, relating to the goods, that the seller makes to the buyer and that becomes part of the basis for the bargain. A particularly sensitive arena, for potential liability, is created in statements made in advertisements, brochures, sales pitches, and instruction manuals. Even vague statements could be construed as express warranties, if a reasonable buyer would consider them in purchasing the product. Unlike implied warranties, express warranties cannot be disclaimed.

Successful Recovery

There are hundreds of thousands active commercial water boilers powering a massive variety of industry. From hospitals, hotels, and industrial settings, boiler failures can shutter critical services in the sector. The key to a successful recovery pursuit is having the right team of professionals in place. The investigation and any recovery litigation must be based on good working knowledge of water boilers, credible evidence, and forensic work-up. The investigation should be effective, efficient, and strategic. A focused, thorough forensic investigation affords the potential for maximizing significant boiler recovery opportunities.

Dean S. Rauchwerger

A Partner at Butler Weihmuller Katz Craig LLP in Chicago, IL. Dean practices in our Aviation, Casualty Defense Litigation, Product Liability, and Subrogation & Recovery departments.

Geoffrey M. Waguespack

A Senior Associate at Butler Weihmuller Katz Craig LLP Chicago, IL. Geoffrey practices in our Appellate, Construction, Employment Law, Product Liability, and Subrogation & Recovery departments.

Jonathan M. Levy

An Associate at Butler Weihmuller Katz Craig LLP in Chicago, IL. Jonathan practices in our Product Liability and Subrogation & Recovery departments.

September 08, 2020 PublicationCoverage Corner

Here is a collection of our blogs and publications related to Third-Party Coverage claims.

Read More »
June 26, 2020 PublicationThe Days of the "Scintilla" of Evidence Summary Judgment Standard in Florida are Numbered

Florida Rule of Civil Procedure 1.510, addressing summary judgment proceedings, is modeled after its federal counterpart, Federal Rule of Civil Procedure 56...

Read More »

States, counties and municipalities have issued “stay at home”, “shelter-in-place”, and other orders relating to COVID-19.  Many orders require the suspension of non-essential construction projects. The orders typically have exemptions, for projects like critical or essential infrastructure, public works, and housing. In light of these orders, construction projects around the country will be delayed...

Read More »
April 17, 2020 PublicationInsights on COVID-19: Butler Blogs, Publications and More

Click here to view all of our COVID-19 related publications...

Read More »
April 03, 2020 PublicationCOVID-19—When Civil Authorities Take over, Are You Covered?

The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spreads from person to person. There is currently no approved vaccine or antiviral treatment for this disease...

Read More »
March 12, 2020 PublicationNew Appleman Florida Insurance Law (2020 Edition)

The New Appleman Florida Insurance Law details a beginner's guide to insurance law all the way to rehabilitation and liquidation of funds...

Read More »
January 01, 2020 PublicationCommunity Service Spotlight on F. Bryant Blevins, Esq.
Read More »
December 04, 2019 PublicationButler Quarterly Fall 2019
Read More »
October 28, 2019 PublicationHow Amazon disrupted product liability

Amazon is the quintessential example of a modern-day “disrupter.” From books to electronics to groceries and media, the trillion-dollar behemoth has significantly impacted almost every sector of the economy. Perhaps less noteworthy to the general public...

Read More »
September 24, 2018 PublicationFla. High Court Bolsters Policyholders in Bad Faith Cases

Partner Kathy Maus was featured in a Law360 article titled "Fla. High Court Bolsters Policyholders in Bad Faith Cases".

Read More »
August 21, 2018 PublicationJohn Garaffa "Business Interruption and Damage Claims"

Partner John Garaffa wrote a chapter titled "Business Interruption and Damage Claims" for the 5th Edition of The Complete Guide to Economic Damages.

Read More »
July 10, 2018 PublicationButler Quarterly - Summer 2018
Read More »
September 20, 2017 PublicationFlorida Insurance Litigation (2017 Edition)

LexisNexis Practice Guide: Florida Insurance Litigation provides the practitioner with immediate access to knowledge and strategy on every aspect of insurance practice in Florida. The publication concisely presents the terms, conditions and exclusions that govern coverage offered against the risks under each line of insurance. This approach provides a comprehensive exploration of key concepts, policy language and insight for litigation of common and esoteric disputes under those policies. Each chapter also provides task-oriented checklists, examples, strategic points, and cross-references to governing statutory and case law.

Read More »

Sun-Tzu is a well-recognized and oft-quoted Chinese general, military strategist and philosopher. He is also credited as the author of The Art of War.1 While the title clearly identifies that book as having much to do with actual war, Sun-Tzu’s philosophy translates to many different fields of application. One such field of application is the preparation for and litigation involved with a jury trial. Most specifically applicable is the Sun-Tzu quote that “every battle is won or lost before it’s ever fought.” Before your jury trial even begins, the actions that most impact the results obtained are the preparation of the jury instructions, the preparation of the pretrial stipulation, the preparation of motions in limine, and the intricacies involved in the jury selection process.

Read More »
July 14, 2017 PublicationFlorida Water Loss Claims: What's Owed, And When?

Water loss lawsuits have spiked dramatically in Florida during the past few years. Insurers simply cannot resolve the unusually large differences in water damage estimates. Scope of estimated matching work usually explains the disparity. And litigation ensues over this hypothetical question: Can the water-damaged or tear out items be replaced and then matched to undamaged adjoining items; and if not, what is the proper scope of the matching work?

Read More »
June 27, 2017 PublicationButler Quarterly - Spring
Read More »
June 16, 2017 PublicationLiterature for Life

What does reading literature have to do with the mission of DRI for Life? Some might suggest reading that we read mostly as pleasurable respite or for entertainment. That certainly is true in the cases of, say, mystery stories or romance novels. But I say reading real literature is more, and more essential to life, than that.

Read More »
April 21, 2017 PublicationTort Trial & Insurance Practice Law Journal, Winter 2017

View Bill Lewis, John Garaffa, and Sarah Burke's newest contributions to the ABA's Tort Trial & Insurance Practice Law Journal. This comprehensive PDF explains recent developments in property insurance law.

Read More »
February 22, 2017 PublicationPennsylvania – VOIDED Terms and Conditions: Unlawful and Unconscionable Exculpatory Clauses

How many of your subrogation claims have been closed because of the subrogation killing terms and conditions of a contract? A recent decision in the Eastern District of Pennsylvania, United States District Court found in favor of a subrogating insurance carrier and held that the terms and conditions barring recovery were both unlawfully drafted and unconscionable, thus allowing the subrogating carrier to move forward with its subrogation claim. State Farm Fire & Cas. Co., a/s/o Sara Rivera v. Petroleum Heat & Power Co., Inc., 2016 WL 5816182 (E.D. Penn. October 5, 2016).

Read More »
February 06, 2017 PublicationThe Confession-of-Judgment Doctrine: No Good Deed Goes Unpunished

Virtually every jurisdiction in the United States has a statute on the books that provides for prevailing-party attorney fees in favor of insureds when they are successful in coverage suits against insurers.

Read More »
January 27, 2017 PublicationWhen Pipes Go Pop

Although we may not see the historic low temperatures associated with the polar vortex of 2014, the winter season always brings with it an influx of freeze-related claims. Notably, the involvement of Mother Nature does not automatically preclude a subrogation recovery, and these types of claims should be triaged promptly and efficiently in order to avoid overlooking subrogation potential.

Read More »
January 26, 2017 PublicationDamages Proof in Subrogation Cases

In the past few years, savvy defense lawyers have taken a more inquisitive approach on the valuation of subrogation damages across all lines of insurance. Gone are the days of assuming the damages must be right because no carrier wants to pay more than they should.

Read More »
January 03, 2017 PublicationIf you invade someone's privacy with a drone, your insurance might not cover it

Drones, also known as unmanned aerial vehicles or unmanned aerial systems, can be equipped with cameras, thermal scanners, license plate readers and facial-recognition software.

Read More »
November 21, 2016 PublicationBoom! Maximizing Recoveries in Catastrophic Explosions

An explosion is an extraordinary event that forever changes the psyche of those affected. The bigger the scale of the explosion, the bigger the challenges are to move forward and to develop viable recovery claims. It is a dilemma that requires sophisticated leadership and seasoned subrogation counsel, forensic consultants, and loss adjusters.

Read More »
October 18, 2016 PublicationFollow Up on Assignment of Benefits Litigation in Florida

In the summer of 2016, SLA published an article titled "Assignment of Benefit Litigation in Florida." The article was an introduction to the topic of assignments of benefits ("AOB") in Florida and how they are being used in insurance claims and litigation. Many readers asked for a follow up article that would provide some additional information and analysis on certain AOB topics. This article will spotlight four of those topics and give the reader some additional information and analysis on each of them.

Read More »
October 10, 2016 PublicationWho, What, When, and How Much? Key Questions to Ask When Faced With a Potential Sovereign Immunity Defense

With each new claim we navigate a myriad of potential obstacles to recovery.  As subrogation professionals, we work to quickly identity these issues and evaluate the best recovery strategy.  In doing so, some obstacles may first appear insurmountable, but later give way to the ever diligent subrogation professional.  One such obstacle is the concept of sovereign immunity.

Read More »
September 08, 2016 PublicationAdjuster Tools for Water Losses

Hmm, a water loss claim. Lots of those lately. She looked further and saw it was actually two claims. Two water loss claims within one week of each other. One, a loss in the bathroom when a pipe underneath the sink burst and the other was a kitchen loss from a broken p-trap.

Read More »
August 11, 2016 PublicationIn Hot Pursuit: Strategies for Pursuing Subrogation Against Wildfire Damages

Each year, wildland fires scorch millions of acres of brush and timber, damage tens of thousands of homes and commercial properties, cost federal and local governments billions of dollars in suppression efforts, and cost insurance companies hundreds of millions in property insurance proceeds.

Read More »
June 27, 2016 PublicationHistoric Hotel, Restaurant & Nightclub Fires Provide Common Threads for Developing Significant Subrogation Recoveries

Countless fires occur every year. They cause billions of dollars in property losses, and sometimes result in bodily injuries and deaths. Public assembly fires arising out of hotels, restaurants and nightclubs are prone to significant calamities, given the fire risks, types of use, occupancy, and human factors. While fires are frequently avoidable, the fires themselves would oft be smaller in scope “but for” the failures of fire suppression, detection and alarm systems; lack of effective containment; material flammability; and other failures. This article discusses the common thread of historic hotel, restaurant and nightclub fires—many of which are iconic.

Read More »
June 24, 2016 PublicationAssignment of Benefits Litigation in Florida

Over the past five years, first-party property insurers in Florida have been experiencing a wave of claims and lawsuits by contractors who obtain insurance rights from insureds through document called an assignment of benefits ("AOB"). This article is intended to introduce the reader to this topic and explain some of the challenges facing insurers in dealing with AOBs in Florida. The reader is welcome to contact the author to learn more.

Read More »
June 21, 2016 PublicationThe Inadequacies of the Diminution of Value Approach to Damages to Real Property in Tort Claims

Generally speaking, the purpose of tort damages is to make an injured party whole and restore the injured party, as nearly as reasonably possible, to the position in which he or she would have held absent the injury. When dealing with damages sustained to real property, most jurisdictions provide that the cost to repair the property is the proper measure of damage so long as the cost to repair does not exceed the diminution in value, which is the difference between the fair market value immediately before and immediately after the damages are sustained.

Read More »

As one of the nation’s most preeminent jurists put it, domestication of horses did not give rise to a “law of the horse,” and the rise of the Internet era did not give rise to a “law of cyberspace.”1 Likewise, the proliferation of drones will not give rise to a new area of law called “drone law.” What will happen instead is much more complex.

Read More »
March 07, 2016 PublicationGood Faith, Bad Faith: A Legal View

The purpose of Good Faith/Bad Faith is to serve as a compendium of general information insurers may wish to use as part of the development of their own individual claims-handling procedures; however, Good Faith/Bad Faith neither sets forth any particular practice or policy as a recommendation or best practice nor does it represent a compilation of widely followed procedures.

Read More »
September 28, 2015 PublicationKeep The Faith: Whether The Attorney-Client Privilege Applies In Third-Party Bad Faith Actions

One of the most rapidly developing issues in Florida and in courts around the country is whether the attorney-client privilege can be relied on by an insurer in a third-party bad faith action. The attorney-client privilege is one of the oldest confidential communication privileges in Florida.

Read More »
July 07, 2013 PublicationLow Liability vs. High Demand: Overcoming the Aggressive Plaintiff Attorney's Delusions of Grandeur for Policy Limits" Primerus Corporate Client e-Newsletter,

For a copy of the publication please contact Josh Golembe.

Read More »
July 01, 2013 PublicationCorporate Tort Liability under the Alien Tort Statute Post-Kiobel, 21 U. Miami Bus. L. Rev. 281

ATS cases.' The court entered into uncharted and controversial territory' though, as it attempted to deal with a claim made by a group of Nigerian plaintiffs who alleged that "Dutch, British, and Nigerian corporations engaged in oil exploration and production aided and abetted the Nigerian government in committing violations of the law of nations"' so as to promote their exploratory efforts.' In ultimately determining that corporate liability does not exist under the ATS,' the Second Circuit majority misconstrued its own precedent and that of other circuits, the Supreme Court's interpretation of the ATS in Sosa v. Alvarez-Machain,o the principles and goals of international law, scholarly commentary, and the earliest available interpretations of the ATS. The plaintiffs sought review in the Supreme Court of the United States.

Read More »
January 01, 2010 Publication"Alien Smuggling: Do Not Be an Alien to the Law!" Florida Defender, Volume 23, No. 3, Fall 2010

For a copy of the publication please contact Josh Golembe.

Read More »
September 01, 2006 PublicationMost Favored Nation Clauses – "The Ultimate Double Edged Sword"

Until a few years ago, the term “Most Favored Nation” was a phrase restricted primarily to the world of international trade. However, with the upsurge in both class action and mass tort lawsuits, Most Favored Nation clauses (MFN), are increasingly used as a tool to encourage settlement.

Read More »
November 01, 2002 PublicationThe Contagion of Example: Attacking the Root of the Problem in Lawyer Professionalism

Now is the time to stop talking and start acting! In the legal professionalism debate, many scholars hope, through their own unique contributions, to spark some universal epiphany that will initiate pervasive change. But a workable solution remains amorphous; the context of the problem is in constant flux and scholars feel the need to continually approach it in a “modernized” framework. Admittedly, unique perspective is an important tool for learning the intricacies of any problem, but incessantly approaching an old problem with fresh insight becomes tiresome and counterproductive . . . especially when there is no evidence of change. If we continue to merely discuss professionalism, then we will remain mired in tautology disguised as intellectual insight.

Read More »