Whistleblowers: Are You the Next Erin Brockovich?

December 2nd, 2009. By Kristine B

Okay, so Erin Brockovich isn’t the only whistleblower in US history. But, thanks to that oh-so-memorable movie, a lot of people consider her to be the most famous whistleblower. Much like the movie about her ordeal showed, the path to becoming a whistleblower is often long, complex and filled with confrontation (including some memorable Oscar-worthy scenes). Many potential whistleblowers may not know all the protections available to them. So, this week Pleading Ignorance looks at complex world of whistleblowers. 

What is a Whistleblower?

Aside from the obvious (that’s right, a person who blows a whistle IS—technically—a whistleblower) a whistleblower is a person who reports that an organization of which he is a part of is involved in misconduct. Frequently, the organization is an employer, but it doesn’t have to be. The whistleblower reports the misconduct to a person or entity that has the power to take corrective action against the unethical organization. 

In a nutshell: Person A works for Company B, which is involved in illegal activity. Person A reports Company B’s activities to Entity C. Entity C then takes action against Company B for its illegal activity. In some cases, Person A then gets a movie made about her life. (Note: this Read the rest of this entry »

Asbestos News Roundup: 12.1.09

December 1st, 2009. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. 

Where Asbestos Mesothelioma Strikes

If you’ve ever wondered what states in the US are most affected by asbestos mesothelioma, look no further than the CDC’s study on malignant asbestos mesothelioma death rates for the years 1999 – 2005. A map showing the results of the study is shown here (from the CDC website).

According to the CDC study, the map above indicates that the state death rate was greater than the national rate of 13.8 per million population per year in 26 states; in six states (Maine, New Jersey, Pennsylvania, Washington, Wyoming, and West Virginia) the rate exceeded 20 per million per year.

Malignant mesothelioma death rate per 1M population, by state, United States, 1999–2005

 

Asbestos Mesothelioma Information  

Palm Springs, CA: The Jennifer Diamond Cancer Research Library is a free library that provides access to cancer information for newly diagnosed patients who visit the Cathedral city-based Gilda’s Club center for treatment. It is one of six libraries in California that provides access to cancer information. (The Desert Sun) 

Asbestos Hot Spots

Bethlehem, PA: Student exposure to asbestos at a Bethlehem Area Vocational-Technical School in Bethlehem Township, Pennsylvania, was reportedly concealed until recently, when a student and two teachers blew the whistle on the school. The school had purchased an old house that   reportedly had a basement floor that contained asbestos. During a two month renovation of the premises, the whistleblowers allege that they and possibly as many as 100 other people, mostly students, were exposed to asbestos. Furthermore, they were told to keep quiet about it. (Mesotheliomaweb)

Super Freakonomics, HAI and a new site from Kimberly-Clark

December 1st, 2009. By AbiK

If you’ve read “Super Freakonomics” by Stephen Dubner and Steve Levitt, you’ve read how Dr. Ignaz Semmelweis discovered in the mid-1800’s that doctors washing hands could lower the incidence rate of puerperal fever (often fatal) in the maternity ward at Vienna General Hospital. It’s a timely read—and one that makes you wonder whether we’ve really come a long way baby (couldn’t resist)—given the recent focus in the news on Healthcare Associated Infections (like MRSA).

Things may well be better healthcare infection-wise since the mid-19th century, but none the less, the CDC lists 28 infectious diseases that you can “acquire” in a healthcare setting: Read the rest of this entry »

Debit Card Overdraft Fees – An Update

November 30th, 2009. By LucyC

First the good news—maybe—on November 12, the Federal Reserve announced that new rules governing the seemingly rampant application of overdraft fees linked to debit card use would be initiated. Now the bad news—maybe—the rules don’t come into effect until next summer—July 1^st, 2010 apparently. 

The development of these rules is a direct result of loud consumer reaction to the banks’ deceptive and abusive consumer lending practices.  

Of course the argument that the rules will provide any real benefit at all has just begun. More on that in a minute. 

So what protection will the new rules offer you? Here’s the scoop—straight from the Federal Reserve website: 

The final rules would “…prohibit financial institutions from charging consumers fees for paying overdrafts on automated teller machine (ATM) and one-time debit card transactions, unless a consumer consents, or opts in, to the overdraft service for those types of transactions. 

Before opting in, the consumer must be provided a notice that explains the financial institution’s Read the rest of this entry »

Mandatory Binding Arbitration: Bet you have it, don’t even know it

November 27th, 2009. By Kristine B

Or know what the h*$$ it is…

So, the good news (that’s right, there is some good news these days) is that some companies are dropping the mandatory arbitration clauses in their contracts. Of course, not every company is doing this. And the truth is that most people sign contracts and have no idea that they have signed a mandatory arbitration clause (even I’ve done it). So, this week’s Pleading Ignorance looks at mandatory arbitration. Because what you don’t know about mandatory arbitration really can hurt you.

So, What is Arbitration, Anyway?

Arbitration is a method of resolving disputes that avoids going to court. Now, you may be thinking that avoiding court is good for you—and it can be—but it can also be a bad thing, which I will get into later.

Arbitration involves both sides of a dispute presenting their cases before either one arbitrator (kind of like a judge in a court case but with less power) or an arbitration panel. The arbitrator or the panel then determines who is in the right.

In binding arbitration, the arbitrator not only determines liability (i.e., who’s wrong) but also determines an award for the wronged party (if an award is necessary). Also, the arbitrator’s decision is final. That’s it. No appeals, no further dispute, nothing. Case closed. That can be a good thing, if you find yourself on the winning side but of course, if you’re on the losing side, you have no chance to appeal the decision.

In non-binding arbitration, liability is determined but no award is handed out. The arbitrator can merely suggest possible awards but the two sides do not have accept those suggestions.

Arbitration sounds okay so far, right? Read the rest of this entry »