Archive for category On My Mind

N.J. Nurses’ Suit Against Hospital Says They’re Forced To Help With Abortions

A dozen nurses are suing the University of Medicine and Dentistry of New Jersey, alleging they are required to assist with abortions in spite of their religious and moral objections

What do you think?

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Concerns Grow Over Nuclear Plants Here in the U.S. and Condolences for the Workers and People of Japan

The recent headlines coming out of Japan raise serious concerns for the workers who are being exposed to high levels of radiation. Many people around the world are just now beginning to ask themselves, ‘what will happen to those workers’ and ‘what will the experience and the aftermath of their exposure mean to themselves and their families’.

Exposure of any type of radiation, especially of this magnitude, is not only a concern for the workers, but for the residents. The Environmental Protection Agency (EPA) has released information on their website, ‘Radiation Doses in Perspective,’ to give people a sense of what this type of exposure may mean for the people of Japan (http://www.epa.gov/radiation/understand/perspective.html).

According to reports, the government of Japan has established a 20km exclusion zone and evacuated tens of thousands of people. Those living up to 30km away have been told to stay indoors to minimize exposure. Though the U.S. State Department released a statement on March 16, 2011, warning American citizens of the potential risk of radiation exposure and asking that they leave Japan, many residents as well as U.S. military have remained. (http://www.businessinsider.com/state-department-us-citizens-leave-japan-2011-3).

The issue of power plants and the vicinity to residents all across the U.S. is now becoming a highly publicized topic of major concern, as citizens begin to question how a natural disaster of this magnitude would impact the millions of residents who live within a 20kn radius of nuclear plants here.

Days since this crisis, news reports continue to unfold. According to a Press Release that was issued today over the Dow Jones Newswire, “the safety of U.S. nuclear facilities has come under question in recent days as the nuclear crisis at Japan’s Fukushima plant reveal weaknesses in nuclear plant technology and operations. The Nuclear Regulatory Commission voted Wednesday to conduct a major safety review of the 104 nuclear reactors operating in the US.

The statement goes on to say, “The Nuclear Regulatory Commission has been aware of (the) reporting lapses since at least 2009. In that time, the commission identified 24 instances, between December 2009 and September 2010, in which nuclear plants did not report the emerging defects under Part 21.”

These instances pose “a substantial safety hazard” and prevent federal regulators from spotting manufacturer defects that could surface at other plants around the country, the inspector general said.

Because US plants are failing to report defects as a result of confusion over the law, the Nuclear Regulatory Commission has not imposed violations or civil penalties. It has not imposed any civil penalties or significant enforcement actions for the reporting failures in at least eight years, the inspector said.”

There are two main issues here: there is concern for the brave workers and their safety and the concerns for community of residents. A secondary level of concern arises, when you begin to question what the companies know about exposure of any type to their workers, whether they are reporting these risks to the people who work for them, and whether the companies have known about defective or faulty equipment that could result in injury for some time. We can continue to speculate as to whether nuclear plants within the U.S. pose any type of serious threat to the community or its citizens, and the debate can continue to go either way.

But the fact that the U.S. is addressing these concerns as a whole and looking into whether the concerns raised are viable is a step forward. Should companies turn out to know about the potential dangers and yet continue to put people within their communities at risk, is something that needs to be addressed. Should their concerns be valid, there should be steps in place to protect the citizens, and I hope with the government’s involvement, this will be the case, and this disaster will serve as a warning to our country and to corporations who put money over the lives of their workers.

In my work, I see everyday working people, who have been exposed to toxic substances, whether I am representing clients in an asbestos exposure case, or a product liability case. When a corporation understands the dangers posed to their employees, yet continue to expose their workers without notice, is unconscionable.

Today there are 23 GE Mark I nuclear reactors operating in the U.S., including the Oyster Creek, New Jersey plant. Additionally, newer GE Mark II boiling-water reactors operate in both Limerick and Susquehanna, Pennsylvania. GE insists that these reactors have a track record of performing safely and properly; yet, concern continues to grow. My hopes are that these are just merely concerns that do not become a reality.

I would like to extend my condolences and support to Japan and the entire Pacific Rim, during this time as they proceed to recover from the earthquake and tsunami that rattled their country. The initial reports and news that follows covering the nuclear plant, present a devastating picture, for the people of Japan and for our future, should we not properly heed these warnings.

Here are some additional resources as the concerns for Japan and its citizens continues:

http://online.wsj.com/article/BT-CO-20110324-709198.html
http://www.nj.com/newsflash/index.ssf/story/nrc-to-review-safety-of-all-us/9036de4597024ed386381db3b5d4f45b
http://www.cnn.com/video/#/video/world/2011/03/24/coren.japan.too.early.optimism.cnn?iref=24hours
http://www.eesolutions.net/air-quality/japanese-radiation-leak-and-air-quality/

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Is the Political Rhetoric of Sarah Palin Like “Shouting Fire in a Crowded Theater”

Sarah Palin's BullseyeOn Saturday, January 8, 2010,  our country was horrified by the reports of the politically motivated senseless killing of innocent people in Tucson Arizona including a nine year old child and a federal judge. Congresswomen Gifford continues to fight for her life. The circumstances giving rise to this devastation in mortality and injury has sparked a debate about the viral effects of what some people consider the reckless use of free speech over the internet by political leadership. There are serious accusations being leveled over the internet rhetoric of Sarah Palin’s  placing a bull’s-eye over the congressional district of  Congresswomen Gifford  and encouraging her followers to “Reload” in their fight for conservative values. The following are but a few examples of the already thousands of postings (They are worth reviewing):

http://www.youtube.com/watch?v=R7046bo92a4&feature=related ;

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439×150390 ;

http://twitter.com/sarahpalinusa/status/10935548053

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The limits of the first amendment continues to be one of the most hotly debated issues of our time . In the case of Schenck v. United States, Oliver Wendell Holmes articulated the often quoted metaphor of falsely “shouting fire in a crowded theater” to distinguish between speech which is dangerous and false from speech that is truthful but dangerous.The quote is used as an example of speech which is claimed to serve no conceivable useful purpose and is extremely and imminently dangerous. The First Amendment holding in Schenck was later overturned by Brandenburg v. Ohio, which limited the scope of banned speech to that which would be directed to and likely to incite imminent lawless action (e.g. a riot). Despite Schenck being limited, the phrase “shouting fire in a crowded theater” has since come to be known as synonymous with an action that the speaker believes goes beyond the rights guaranteed by free speech, reckless or malicious speech, or an action whose outcomes are blatantly obvious.
When someone falsely shouts fire in a crowded theater everyone expects that the majority of people, although excited, will act rationally and in an orderly fashion. It is recognized, however, that there may be some people that will over react and may even act violently under the stress of the moment. In some ways, we have through unchecked rhetoric from all sides created a crowded theater full of emotion predicated upon fear. The right to healthcare, immigration and the reasons for unemployment are common  vehicles for misinformation that fuel those fears. Thus, the Tucson shootings did not occur in complete isolation. In the months leading up to the recent elections, the fervor and even the success of political movements were measured in part by the anger and even violence that erupted in town meetings hosted by congressional leaders. Hateful and angry speech that pierced otherwise peaceful political rallies was highlighted in the media.  You did not have to look very far to see finger pointing and accusations being leveled by political leaders from all sides accusing one another of ill will and even worse. To some, the pressure building in Tucson was palpable.The murders in Tucson where preceded by vandalism and even death threats.

While I am often at odds with the politics of Sarah Pailin, no one can seriously contend that it was her intention to motivate a disturbed young man to take the lives of innocent people. No doubt  it pains her greatly in the privacy of her own heart to even fathom that  she could have had any affect on these circumstances. Sarah Palin’s critics  are hard pressed to prove that there is a direct relation  between the shootings in Tucson and any of  the conservative rhetoric at issue. The question remains, however, how far a political leader should should rightfully go when invoking images or metaphors that can be used as an excuse or motivation by people for violent politically motivated actions.

In a civil liability and even in the criminal context, the person responsible for inciting the irrational acts of others by screaming fire in a crowded theater is on notice that he or she may be held accountable. So too should political leaders who choose to deliver emotional messages  with incomplete or misleading information intended to  invoke an emotional response be aware that there are fragile and unstable people that may violently  react in a way that was unintended. This is especially true when the environment has been emotionally charged to the point where violence and death threats are already part of the events preceding the politician’s rhetoric. In my opinion, Sarah Palin and her advisors used poor judgment and she will have to live with whatever conclusions she reaches about the effect of her actions. But to focus  the blame on Sarah Palin is wrong. The blame is to be shared by everyone who contributes to the polluted atmosphere of disinformation that invokes fear, distrust and anger.

As a society, we condemn violence as a vehicle for accomplishing social change. Every year we celebrate Martin Luther King day as a testament to that principle. As a people we should seize the moment in the memory of those innocent people who needlessly died last Saturday and insist that our leaders do better. To our leaders, please focus the hearts and minds of Americans on solving the difficult issues that we face with truth and compassion. As the new Congress  takes shape, please  work in our best interest, not motivated by the need to be re-elected or to obtain or maintain control of power. Eliminate the crowded theater of anger, partisan politics, and fear. If you do that, these innocent people who lost their lives shortly after the birth of the new year will not have died in  vain.

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Taking America for Granted

 This morning I awoke to a story in the New York Times about a young couple stoned to death in Afghanistan. The couple was condemned to death by the Taliban for eloping  by more than 100 men who lived in the town where the couple grew up. As I shuddered  imagining  the scene of this gruesome act, I was reminded once again of how fortunate we are here in America. For most of us, we are here by a pure twist of fate lucky enough to have been born as a result of a struggle for a better life by relatives that came before us. While I thank God for my good fortune, I am saddened by the injustices suffered by many as a result of being deprived of the basic freedoms we often take for granted. May God bless you all my friends, family and neighbors and may we never forget how fortunate we are.

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Congratulations to My Friend & Mentor Ronald Motley

I am very proud  to relate that my friend and mentor Ron Motley has been awarded the American Association for Justice’s most prestigious honor, the Lifetime Achievement Award, in recognition of his pioneering work and continued commitment to the pursuit of justice. AAJ was formerly known as ATLA and is recognized as the Trial Lawyers’ national association.

Through perseverance, creativity and innovation, Ron has saved countless lives, challenged corporate malfeasance, delivered justice and influenced systemic changes throughout our civil justice system, our nation and our world. His unique personality, quick wit, intolerance for defeat and awe-inspiring passion have served as the foundation for the extraordinary contributions that he has made in search of justice, and he has fearlessly served as an international leader whose courage and voice have not only had an incredible impact on the legal profession and our firm but also our society and the individuals to whom he has given a voice.

Ron has tried more cases in more states than any lawyer in the history of the United States. I am ever so proud to call him my friend.


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A Tribute to a Friend I Will Never Forget

When I first started representing people injured from exposure to asbestos, I was blessed to meet Vincent (Vinny) Cudiner. Vinny was a Local 12 insulator out of New York City who lived in New Jersey with his family. When I first met Vinny , he had been diagnosed with mesothelioma , a form of cancer only caused by exposure to asbestos. In those days, the treatment options were very limited and Vinny was acutely aware that the candle on his life was rapidly burning down.
 
 
Vincent ,even after diagnosis ,was an extremely handsome and charismatic man.
While Vinny had a limited education, he may very well have been a genius and was one of the kindest and most compassionate men I would ever meet. Vinny was truly a “Renaissance Man”  in every sense of the word with a character that even had the power over death for a while. The diagnosis of mesothelioma was a window through which I could see the strength and wisdom of this extraordinary person.
 
Even before being diagnosed with mesothelioma, Vinny made it part of his life mission to insure that others would not have to work with asbestos. After learning from Dr Irving Selikoff about the dangers of the products that he unwittingly worked with all of his life, Vinny took off from work and spent months in the US Patent office researching the ingredients in insulation materials. After extensive research, Vinny eventually developed an asbestos substitute which was patented.
 
 
After Vinny was diagnosed with mesothelioma, he was determined that others in his trade should not meet the same circumstances. Instead of sitting home, Vinny toured the country with Dr. Selikoff to speak with workers about the need to protect themselves from the asbestos already in place.
 
 
Vinny was a man who could see things in people and even nature that other men did not see. I can recall walking with Vinny along the shore of the Hudson River one day not too far from his home. While we were walking, he bent over and picked up a piece of wood that washed onto the shore and carried it home. When I asked Vinny why he chose that piece of wood, he responded that he could see something inside that he wanted to explore . The next time I came to visit , Vinny proudly pointed to a beautiful carving of a sailboat which he had created out of that very piece of wood.
 
 
Some months later when Vinny’s disease had progressed, he called me and asked me to visit him at his home. At that point , my family was going through a very difficult time. My wife was lying in a hospital bed with an affliction that threatened to take her eyesight. When I arrived at the house, Vinny indicated that he had heard about my wife and was going to will his eyes to her when he passed on. I was speechless and to this day I get tears in my eyes every time I think of that moment.
 
 
A few weeks later I received a telephone call from Vinny asking me if I would come visit him. At this point, Vinny was very sick and very frail. It was his 65th birthday. When I met with Vinny he told me that he knew he did not have long to live and wanted to thank me for all I had done.  He also asked for my assurance that we would continue seek justice for his family after he was gone. The remainder of the story as a I recall it still weakens me in the knees. Vinny called each of his children into the room where he was lying one by one and spoke with them about what he expected from them and how he loved them. Lastly, he met alone with his beautiful wife Kari. During those final moments Vinny expressed his eternal love and devotion to Kari, kissed her goodbye and closed his eyes for the final time.
 
I later learned that Vinny’s inner strength was for a time stronger than the forces that eventually took him. As the legend goes, so long as Vinny could live to age 65,  his family would have better benefits when he eventually passed. While Vinny had for a time power over death he certainly knew how to live life.
 
The Lawsuit
 
We filed a lawsuit on behalf on Vincent and his wife Kari in the New Jersey Superior Court. While he was alive, Vinny appeared for his deposition to answer questions about his asbestos exposure and his losses. The defense attorneys could not help but like him. The deposition turned into a course on asbestos products that no attorney in the room expected. Vinny would not only tell the attorneys what the product was used for, he would tell them the chemical composition, where it was made and even a little about the executives at the company they represented . By the second day of his deposition, Vinny knew most of the lawyers by name and would often be found joking with them during breaks.   
After Vinny, passed away the case was resolved very favorably.  I felt like I kept my promise.
 
Many years later I often think of my friend and hero Vinny Cudiner and what he taught me about life, love and compassion. I Only wish that Vinny would have had available to him the treatment options and the hope that others diagnosed with mesothelioma now have.

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Parents are at risk for alcohol served by their children

What is your  responsibility as a parent if someone is injured as a result of alcohol served by your  minor child in your home?

Short Answer: You are responsible for any foreseeable harm for the failure to adequately supervise.

The law in New Jersey is quite clear that parents have a duty to provide for reasonable supervision of their minor child if it is reasonably foreseeable that, in their absence, the child will invite friends to a beer party at which one of the minor guests will become intoxicated and thereby injure himself or others.. See Thompson v. Victor’s Liquor Store, Inc., 216 N.J.Super. 202, 523 A.2d 269 (App.Div.1987) (seller of alcoholic beverage to underage person may be liable for injuries to minor with whom purchaser shared beverage where, while intoxicated by beverage, minor injured himself [635 A.2d 583] by carelessly driving a car into a brick wall). See also Macleary v. Hines, 817 F.2d 1081 (3rd Cir.1987) (host of party where alcoholic beverages consumed may be liable for injuries to minor guest who, as result of becoming intoxicated there, carelessly entered a car being driven by visibly intoxicated person and was injured when driver drove the car into a tree).

The bottom line is that as a parent you need to know what is going on in your house.

Rule number 1: No parties when you are not home.

Rule number 2. You need to know if kids are sneaking alcohol or drugs into your basement.

Rule number 3. You  need to have a well known zero tolerance policy.

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Supreme Court Justice Albin Approved by Judiciary Committee

imagesalbinYesterday ,the NJ Senate Judiciary Committee approved the reappointment of NJ Supreme Court , Justice Barry Albin. The vote of 9-4 was along party lines as expected. Justice Albin handled all questions during the hearing with candor, dignity and respect.

During the hearing Justice Albin refused to comment on any case that might bear on future cases coming before him. He was on target in that judgement. Since his appointment to the Supreme Court more than 7 years ago Justice Albin has been one of the most active and dedicated members of the Court. In the last seven years, he has written almost 150 opinions, 89 of them representing the court’s majority decision.

I cant let the moment in history pass without paying tribute to Barry. I am clearly biased as Barry is my former law partner.  Justice Albin is one of the most decent human beings I have ever known. He is a principled jurist and human being.  Barry is a wonderful father, husband and friend.

Last year, Justice Albin took time out from his busy schedule to address the students at the Colts Neck High School where I am a school board member.  His address was inspiring and clearly the product of hours of preparation.  I was awe struck to understand that having reached the pinnacle of his career,  Justin Albin put this kind of time in to speak with students. He clearly could have winged it and carried the day with his stature, wit and intelligence. Instead he delivered a message that if  taken down word for word could have been transcribed and published in a law review. That is who Barry Albin is. A real human being who treats everyone with respect regardless of religion, creed or point of view.

New Jersey is very fortunate to have Justice Albin on our Supreme Court and I am very fortunate to call Barry Albin my friend.

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