This is why the federal jobs bill is not passing?

House Minority Leader pictured standing, far right, speaks while colleagues play solitaire Monday night as the House convened to vote on a new budget. (AP)

The guy sitting in the row in front of these two….he’s on Facebook, and the guy behind Hennessy is checking out the baseball scores. 

These are the folks that couldn’t get the budget out by Oct. 1, and are about to control your health care, cap and trade, and the list goes on and on…. 
Should we buy them larger screen computers – or - a ticket home, permanently?
 

This is one of their 3-DAY WORK WEEKS that we all pay for (salary is about $179,000 per year). 

KEEP THIS GOING! DON’T LET IT STOP WITH YOU

No Comments

Merck Dodges the Australian Bullet

While most US Vioxx cases have settled Merck continues to battle people who developed heart attacks after taking Vioxx. The following report came out of Australia today.

 

SYDNEY – (AP) — An Australian court on Wednesday overturned a judgment that found the once-popular painkiller Vioxx doubled the risk of heart attack and was unfit for consumption.

The Federal Court’s decision reverses a 2010 ruling that had found in favor of an Australian man who blamed the since-recalled drug for a heart attack he suffered. The court said the man, a former smoker, was susceptible to a heart attack independent of taking the drug.

The 2010 judgment — which awarded Graeme Peterson 287,000 Australian dollars ($285,000) in compensation — had opened the door for claims from hundreds of other litigants in a lawsuit against U.S. pharmaceutical giant Merck & Co. over the arthritis painkiller

No Comments

Lawyers Need to Behave or Else

No Recourse for Lawyer Stalked by Ex-Client She Dated
An appellate ruling serves as a lesson to attorneys that getting romantically involved with a client — never a good idea to begin with — can be particularly perilous in a matrimonial case, where parties are often distraught and unstable

No Comments

HAS J&J LOST ITS WAY

Is this the same J&J that forged a reputation for consumer safety with the Tylenol recall.  The following was reported in today’s NJ Law Journal:

JOHNSON & JOHNSON UNIT TO PAY $85M FINE FOR MISBRANDING HEART DRUGS
Johnson & Johnson subsidiary Scios Inc. pleaded guilty last Wednesday to a criminal misdemeanor count of misbranding its heart disease drug, Natrecor, and agreed to pay an $85 million fine. Under Scios’s deal with federal prosecutors, the company admitted that it had intended to market Natrecor for use in infusions for non-acute congestive heart failure patients. The Food and Drug Administration had approved Natrecor in 2001, but only for patients suffering from acute CHF. Under the terms of the plea agreement, the government agreed not to prosecute Scios for any other related claims under the Food, Drug, and Cosmetic Act concerning the marketing and sale of Natrecor.

No Comments

Belief in yourself

This week marked the passing of Steven Jobs. Perhaps one of his greatest contributions to our children is the example of how to persevere through failure and follow your heart. This video is worth watching:

No Comments

NJ Appeals Court Lets Down Women Again

The rights as well as the health and safety of NJ Women continue to be placed in jeopardy by our courts. This week the NJ appellate court sided with the drug companies in dismissing the cases of two women who developed breast cancer as a result of taking hormone replacement therapy.

No Comments

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/

No Comments

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

.

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.

No Comments

Perseverence & Creativity

 

 

J.K. Rowling 

J.K. RowlingJ.K. Rowling’s first marriage to a Portuguese television journalist ended in divorce after less than one year. She then moved with her infant daughter to Edinburgh, Scotland, where she lived on welfare benefits in an apartment infested with mice. It’s hard to believe that in under 10 years someone can go from surviving off of government assisted living to becoming one of the richest people in the world.

 

No Comments

Sienna Minivans Recalled by Toyota


Right-click here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet.
Toyota Motors has announced a recall of nearly 100,000 Sienna minivans due to a deformed switch bracket on the brake lamp. The company has reported that a driver’s foot could hit the switch bracket and deform it while applying the parking brake pedal. No injuries have been reported related to the defect.  Staff Report, Kansas City Star  12/14/2010

No Comments