October 8, 2014
September 17, 2014
This is epic! There are often times when I suspect a defense firm of playing not entirely by the rules, but those suspicions always remain at the suspicion stage and do not end up translating themselves into actual proof of malfeasance–although it is not the result of a lack of trying, it is just that either we are overly suspicious or those who do this sort off the rules acts are just very good at it. This finding however, makes me feel that perhaps I am not overly suspicious… Read on!
Last week, an extraordinary decision was issued by the federal Third Circuit Court of Appeals in an asbestos case, which really should rock the corporate defense bar. In the case, Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., asbestos victims provided evidence to the court that “that BASF and [‘the New York law firm that defended it for years in asbestos cases, Cahill Gordon & Reindel LLP’] systematically collected and destroyed or hid evidence of asbestos-contaminated products produced by a BASF predecessor, Engelhard, in order to evade liability and forge quick settlements.” See more here. It was enough evidence to revive a fraud case against BASF and its law firm for “lying about the toxic material, then depriving those injured by it of their day in court.”
This federal decision comes in the wake of fraud allegations made against a company called Garlock Sealing Technologies, which makes asbestos-containing gaskets. In that case, victims’ lawyers were initially accused of withholding certain information from Garlock – an absurd claim because, as I wrote in an earlier post, the supposedly “withheld” information was already in the company’s possession. If I were accused of committing fraud when I did no such thing, I’d start looking into it. And that’s exactly what happened, leading to a brief filed in June by Caplin & Drysdale, finding a ton of evidence proving the exact opposite to be true; that Garlock was the party that “violated [the judges’] discovery orders, hid evidence from the bankruptcy court and presented false testimony …. ‘Garlock has committed a fraud upon the court,’ the accompanying memo said in its first sentence.'” It’s a brutal brief, which you can read here.
March 28, 2014
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Timothy DePaere, Railroad Accident Investigator, says that they are in the preliminary stages of their investigation. They are currently waiting for the front end outward looking video on the train to be analyzed by their specialist in Washington, DC. Meanwhile, the operator of the train is in the hospital and will be interviewed soon…
March 13, 2014
The US Supreme Court rejected on Monday an appeal from a school that suspended two students because they refused to remove bracelets promoting breast cancer awareness.
The decision ends an almost four-year-long case which was started when two girls, Kayla Martinez and Brianna Hawk, were suspended from their Easton Area School District middle school.
The school had banned bracelets with the slogan “I (heart) Boobies!” which were used to promote breast cancer awareness. The two girls, then aged 12 and 13, refused to take off the bracelets when asked by their principal.
Kayla Martinez and Brianna Hawk challenged the ban, saying they were trying to promote awareness of the disease at their middle school. They wore the bracelets on their school’s Breast Cancer Awareness Day and refused to take them off. The girls filed suit after being suspended from class.
The justices left in place a US appeals court ruling that found the bracelets were not “plainly lewd,” nor had they caused a disruption.
December 17, 2012
Thank you for the pleasure of your friendship and goodwill
during the past year.
We wish you a wonderful holiday season and a New Year full of happiness and prosperity.
November 28, 2012
The losses from Sandy keep piling up. On Nov. 26, AIR Worldwide substantially raised its estimate of total insured losses to between $16 billion and $22 billion, while the National Insurance Crime Bureau NICB revised its projections about the total number of vehicles swept away by Superstorm Sandy.
Based on claims information provided from the Insurance Services Office, Inc. ISO, a subsidiary of Verisk Analytics, the NICB now estimates that at least 230,000 vehicles were damaged in the storm. Not surprisingly, New York logged the most damaged vehicles, with 130,000 claims. Meanwhile, New Jersey has reported 60,000 auto claims.
The remaining 40,000 claims analyzed and reviewed by insurers were filed by insureds in Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, North Carolina, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia.
April 14, 2012
The interesting thing that I keep seeing in personal injuries resulting from intersection related incidents, is that the person who is in the intersection at the time the personal injury event occurs, regardless of stop signs and who did or did not stop at the signs, controls the the intersection and therefore has the right of way.
In the personal injury case illustrated below, since the Plaintiff must have already been in the intersection, therefore was in control of the intersection, had the right of way. The truck driver did not look to his right before proceeding into the intersection and hit the biker causing him catastrophic injuries.
In other words, just because a person failed to stop at a stop sign, does not give green light for other drivers to plow them over…
A case involving an elderly bicycle rider who lost part of his leg after a truck struck him recently settled for $5 million.The case stems from an Aug. 14, 2009, accident between Paul Zanoni and a Mack truck.
On that date, Zanoni rode his bicycle home from church when a truck owned by Rossi Contractors Inc. of Northlake hit him near a Bellwood intersection, said [Plaintiff’s Lawyers].
Zanoni did not stop his bicycle at the crosswalk near the intersection of Madison Street and 25th Avenue in Bellwood, he said.The truck’s driver, John O’Shea, moved through the intersection but did not look to the right and struck Zanoni, he said. Zanoni became trapped under his bike and the truck dragged him about 40 feet before stopping.
March 26, 2012
I have heard many tales about how life would be if only lawyers would not be around. You know, the joke that goes something like this: “What do you call a dozen lawyers dead at the bottom of the sea?” and the answer is something like: “a good start.” We have all heard the lawyer jokes and I always get a good chuckle out of them. But in reality, the world would be a dismal place was it not for us lawyers who are the last line of defense between those who place money and profit ahead of all else including the safety of the people around them. Lawyers are making sure your rights are preserved and those who do harm are held accountable for their action.
It is all about personal responsibility.