The Kid’s Alright: #FreePatBrown if you Believe in Freedom of Speech

May 29th, 2013. By AbiK

This kid’s onto something. Unfortunately, he’s also out of something: school. He was apparently suspended for exercising his First Amendment rights. Here’s the story…

Pat Brown is young. He’s engaged. No, not as in heading to the altar—he’s socially aware and he’s participating in the dialog about his local school board budget. That would be the Cicero-North Syracuse (CNS) High School 2013-2014 budget, which hasn’t yet passed—it was rejected by voters last week.

Pat Brown, student at CNS High, is a concerned student; and he should be—according to a report at CNN, the CNS school board had warned that if the budget isn’t passed, cuts would be necessary—to things like athletic programs, extra-curricular activities and even the elimination of some teacher positions. Things that create and support a robust learning environment for students.

Pat Brown is just a kid—he’s 18, but for all intents and purposes, he’s a high school kid. But he employed the one thing—most likely the only thing—that he could to make his voice, and the voice of his fellow students, heard: he created #shitCNSshouldcut. Humorous, in a shitmydadsays kind of way? Yes. A welcome mat for a wide range of both constructive and negative suggestions? Absolutely. But he achieved the most important thing—he got the conversation going and undoubtedly helped raise awareness among the budget’s main constituency, the student body of CNS High.

But the story doesn’t end there. Sure there were tweets using the hashtag. You can imagine the range of comments—but what really set this story in motion is that Brown, himself, tweeted that CNS High’s executive principal should be let go. And that was apparently a no-no. Result? A three-day suspension for Brown. According to his own Twitter stream, he’s out till this Thursday (5/30).

Now, what’s interesting here is that while some reports indicate that Brown was on his cell phone in class—which in many schools would lead to some form of disciplinary action, though perhaps not immediate suspension—that doesn’t appear to be the impetus for the suspension. According to the CNN article, Brown says he was “called into the office and told he would be suspended for three days for harassing the principal, using a mobile phone in class and disrupting the learning environment.”

There’s the key: “harassing the principal”.

Harassing? It was Brown’s personal opinion that the executive principal is not performing up to snuff. He tweeted it. Unless there’s a serious chunk of the story that isn’t being reported, that doesn’t sound like harassment—it sounds like free speech.

Earlier, I said this kid is onto something. Here’s evidence of that—he tweeted this on May 25th:

“People who are comparing this to me insulting my future employer need to realize one thing…I do not work for my principal.”

You got that right. It’s taxpayer dollars that are paying the school administration’s and teacher’s salaries. And it’s not the principal who determines how the U.S. Constitution is to be interpreted (shameless plug: that would be for trial lawyers and the USSC to handle.)

Given that, perhaps the best suggestion for a CNS school budget cut came from @Rant_rant_rant:

“#shitcnsshouldcut Cut U.S. History classes, since the North Syr. school district no longer acknowledges the Constitution.”

Of course, I’m being facetious. But the tweeter’s got a point.

We’ll have to see where this story nets out, but in the meantime, a new hashtag has emerged: #FreePatBrown.

13 TGI Fridays Targeted In Drink Scam Investigation

May 28th, 2013. By AbiK

Given news of late, Clifton, NJ may not be the best location to grab a burger and a drink. First, the Tick Tock Diner on Route 3 winds up with a manager being charged in a plot to torture, rob and kill the owner of the diner. Apparently, as NJ diners go, the Tick Tock is a far cry from Rosie’s Diner—Rosie’s was the NJ diner where the Bounty ‘quicker picker upper’ commercials from the ’70s & ’80s were filmed (though, Chelsea Clinton did do some campaign stomping at the Tick Tock in 2008 for her mom).

That gem was then followed by a Tick Tock Diner waitress filing sexual harassment charges against the same manager (somehow conjures up visions of that—groan—line, “got some fries with that shake?”, doesn’t it?)

And now, NorthJersey.com reports the Clifton TGI Fridays—literally a stone’s throw away from the Tick Tock Diner—is being investigated, along with 12 other TGI Fridays restaurants in NJ, for consumer fraud—specifically, switching out premium-brand liquor with non-premium brands in order to trick customers into paying more for their bar drinks.

According to the NJ State Division of Alcohol and Beverage Control (ABC), drink subbing costs consumers hundreds of thousands of dollars a year.

TGI Fridays, to be fair, is not the only target of the ABC investigation in NJ. And to be fair, this was Ricky Richardson, president of Friday’s USA, statement in response to the investigation:

“We consider the alleged actions detailed by the New Jersey Division of Alcoholic Beverage Control to be very disturbing. If accurate, they would represent a violation of our company’s values and our extensive bar and beverage standards which are designed to deliver the highest guest experience in our restaurants.”

Richardson continued, “We have zero tolerance for actions that undermine the trust of our guests and call into question the reputation we have built up over the past 48 years.”

The list of establishments being investigated as part of “Operation Swill” includes Railroad Cafe (East Rutherford), The Brick House (Wyckoff), Sunset Tavern (Burlington), Graziano’s Ristorante (Chesilhurst), Brunswick Grove (East Brunswick), Villari’s Lakeside (Gloucester Township), Yesterdays (Marmora), Italian Affair (Glassboro), Bells Tavern (Lambertville), Murrays (Dover), Sona Thirteen (Morristown), Blackthorn Restaurant (Parsippany), Ruby Tuesday (Bridgewater), Cafe 34 (Matawan), Applebee’s (Kearny), and Cucina Calandara (Fairfield). The 13 TGI Fridays are in Clifton, East Windsor, Old Bridge, North Brunswick, East Hanover, Piscataway, Freehold, Marlboro, Hazlet, Linden, Hamilton, Springfield, and West Orange.

Sadly, this is not the first time we’re reporting on a NJ restaurant trying to pull the ol’ switcheroo on its drinking clientele. Remember Laguna Grill and Martini Bar?

And sadly, this time, switching out the top shelf booze for lesser quality booze is the least of anyone’s concerns…

Some of the targeted establishments have allegedly taken things to a new level. A NorthJersey.com report states that some of the samples taken from confiscated liquor bottles showed evidence of dirty water and rubbing alcohol. Cheers!

The ABC investigation has been going on a year and has included taking statements from employees and also reviewing sales and invoice records for about twenty liquor “brands of interest”. And, of course, samples have been taken—150 of them—using the True Spirit Authenticator (yes, such a thing apparently exists). According to the NJ Office of the Attorney General, of the 150 samples taken, 30 were not the brand they claimed to be. Twenty percent of top-shelf bottle samples isn’t exactly a low percentage.

The penalty for drink-subbing typically involves a liquor license suspension (and potentially a fine, as in the case of Laguna Grill and Martini Bar). Suspensions range in length depending on whether its a first-time violation or second or third—and keep in mind, a violation occurs when just one drink is poured; so multiple violations can be derived from just one bottle.

Asbestos News Roundup: 5.23.13 – Oklahoma Tornado Asbestos Risk

May 23rd, 2013. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Debris After F5 Tornado in Moore, OK

Photographs of the devastation wreaked by the F5 tornado that tore through the town or Moore, OK earlier this week, cannot accurately convey the full risk residents face as they begin cleaning up. Apart from sharp metal and electrical debris, contaminated water, lead paint and broken glass, there is the very real risk exposure to asbestos.

As was done following the tornado that flattened Joplin, MO, nearly two years ago to the day, the experts are warning that many of the homes in Moore were built with asbestos. In Joplin, 2,600 tons of asbestos debris were removed following the 2011 tornado. A similar scenario could be facing residents of Moore.

There was a building boom in Moore in the 1960s and 1970s, at least a decade before the dangers of asbestos became publicly known, and a time when asbestos was widely used in the construction industry. Many houses and other buildings in Moore likely contain asbestos—in roofing tiles, electrical insulation, toilet gaskets, furnaces, and dry wall mud, for example.

Because the chronic health effects of asbestos exposure may not become apparent for up to 30 years, the experts are recommending caution when cleaning up—wearing gloves and masks at a minimum.

You can find comprehensive recommendations for cleanup can be found at the Oklahoma Department of Environmental Quality’s website: http://www.deq.state.ok.us/tornado/tornado.html

Asbestos Lawsuits

New York, NY: An asbestos lawsuit has been filed on behalf of Moriah Center, NY, resident, Norman Westover in the New York Supreme Court’s 4th Judicial District in Schenectady to recover damages for Mr. Westover’s lung cancer, which, according to the lawsuit, was allegedly caused by asbestos exposure.

According to the filed complaint, Mr. Westover was allegedly exposed to dangerous asbestos fibers on a daily basis during his twenty-plus-year career at the International Paper Mill located in Ticonderoga, NY. International Paper purchased the pulp mill, which had been operating on the western shores of Lake Champlain near the Vermont border since the late 19th century, in 1926. In the late 1960s, International Paper began decommissioning the original mill and, in 1971, opened a new mill at the location which is still operating today. The mill produces 850 tons of paper a day, employs approximately 600 workers and contracts with 650 loggers and truckers in New York and Vermont.

International Paper was formed in 1898 upon the merger of 18 paper mills in the northeast. The company was responsible for supplying 60% of the newsprint in the country. International Paper’s Hudson River Mill, located in nearby Corinth, where the Sacandaga River joins the Hudson, was a major pioneer in the development of the modern paper industry in the late 19th century. In the early 20th century, the Hudson River Mill was one of International Paper’s largest plants and served both as the company’s principal office and a place where paper workers helped shape the direction of the industry’s early labor movement.

As per the lawsuit papers, during his tenure at International Paper, Mr. Westover worked in both the original and new mill and he held a variety of positions that allegedly exposed him to asbestos fibers used in connection with mill machinery, including, but not limited to, cutters, dryers, rollers, boilers, pumps, and valves. Mr. Westover was also allegedly exposed to asbestos that was used in an abundance to insulate component parts of the original and new mill and the related piping and wiring. (digitaljournal.com)

Jefferson County, TX: Chevron USA is facing an asbestos lawsuit filed by the children of the late Nathan Guillory. In their lawsuit, Randall Guillory, Lindall Guillory and Beth Harper allege the company exposed their father, Nathan Guillory, to asbestos dust and fibers. As a result, he developed asbestos related diseases and died on May 23, 2011.

The suit alleges Chevron knew for decades that asbestos could cause cancer and yet still allowed employees to work around the mineral without warning them of the dangers.The plaintiffs are suing to recover exemplary damages. (setexasrecord.com)

Asbestos Lawsuits and Bankruptcy

In a recent ruling, US Bankruptcy Judge Judith K. Fitzgerald in Wilmington, Delaware has determined that Bondex International Inc., the bankrupt unit of Rust-Oleum maker RPM International Inc. (RPM), may owe current and future victims of asbestos poisoning $1.17 billion.

Bloomberg USA is reporting that “the judge sided with lawyers representing asbestos claims and rejected the method Bondex and Specialty Products Holding Corp. used to estimate they owed no more than $575 million.”

“We decline to accept debtors’ novel approach in this case,” Fitzgerald wrote in her opinion.

In May, 2010, Bondex and Specialty Products filed for bankruptcy in May 2010. (Bloomberg.com)

 

Asbestos News Roundup: 5.16.13 – Wildfire Asbestos Exposure

May 16th, 2013. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

California Wildfire Asbestos Exposure

As wild fires devastate homes in southern California, many people will be faced with cleaning up and rebuilding, and may be at risk for asbestos exposure. Across California, asbestos was used heavily in many building materials up until the mid-1980s. If these asbestos containing materials are disturbed through renovations or demolitions, or become friable with age, the asbestos may become airborne and spread throughout a property. Eventually these asbestos fibers will settle and may contribute to dusts found in buildings. This puts people working or living in those buildings at risk for asbestos exposure, without their knowledge.

According to the U.S. Environmental Protection Agency (EPA), “Asbestos fibers may be released into the air by the disturbance of asbestos-containing material during product use, demolition work, building or home maintenance, repair, and remodeling.” The EPA goes on to report, “Exposure to asbestos increases your risk of developing lung disease. That risk is made worse by smoking. In general, the greater the exposure to asbestos, the greater the chance of developing harmful health effects.”

In 1987, asbestos was added to California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65. Prop 65 lists chemicals known to cause cancer, birth defects or other reproductive harm to people living in the state of California.

Asbestos Lawsuits

Charleston, WV: 67 companies have been named as defendants in an asbestos lawsuit filed by John B. Kenyon and his wife Peggy E. Kenyon. Diagnosed with bilateral pleural plaques on May 11, 2011, Mr. Kenyon alleges the defendants caused his lung injury by exposing him to asbestos.

The Kenyons’ lawsuit alleges Mr. Kenyon was exposed to asbestos and/or asbestos-containing products from 1964 until 2002, throughout his employment as an estimator, warehouse employee/delivery person and sales person.

Kenyon is suing the defendants for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.

Certain defendants are also being sued as premises owners and as Kenyon’s employers for deliberate intent/intentional tort, according to the lawsuit.

The 67 defendants include: 3M Company; 4520 Corporation Inc.; A.W. Chesterton Company; Aurora Pump Company; Bechtel Corporation; Borg-Warner Corporation; Brand Insulations Inc.; Buffalo Pumps Inc.; BW/IP Inc.; and CBS Corporation. (wvrecord.com)

Charleston, WV: On January 7, 2013, Jimmie Elliott Epling Sr, was diagnosed with asbestos mesothelioma. In his recently filed asbestos lawsuit, he and his wife, Ernestine Epling, name 56 companies they claim are responsible for his diagnosis.

The couple allege the defendants exposed Mr. Epling to asbestos and/or asbestos-containing products during his employment as an orderly, machinist and operator from 1952 until 2000.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn. Certain defendants are also being sued as premises owners and as Epling’s employers for deliberate intent/intentional tort.

The 56 defendants named in the suit include: 3M Company; A.W. Chesterton Company; Amdura Corporation; Bucyrus International Inc.; Buffalo Pumps Inc.; CBS Corporation; Caterpillar Inc.; Clark Equipment Company; Certainteed Corporation; and Cleaver Brooks Company Inc. (wvrecord.com)

Jefferson County, TX: Chevron has been named as a defendant in as asbestos lawsuit brought by the children of the late Nathan Guillory. Randall Guillory, Lindall Guillory and Beth Harper allege Chevron USA exposed their father to asbestos dust and fibers throughout the course of his employment with the oil company. As a result, he developed asbestos related diseases and died on May 23, 2011, the lawsuit states.

The lawsuit claims Chevron knew for decades that asbestos could cause cancer and still allowed workers to work around the mineral without warning them of the dangers. (setexasrecord.com)

Would You Kill this Dog? Rallying for the ‘Defense’ after a Dog Bite Injury

May 16th, 2013. By AbiK

A death sentence for a 7-year old Sheltie is causing a stir in upstate New York—so much so that there’s a Facebook page dedicated to getting a stay of execution for the pup. What’s interesting in this case, too, is that normally we hear of dog bite injury lawyers representing the dog bite victim; this time, the attorney is representing the dog owner.

Back on March 27th, Natalie Beratta’s dog, Jack (at left), bit her four-year-old granddaughter in the cheek. There were no witnesses to the attack except for the little girl—and she needed four stitches to close the wound. According to the “Help Save Jack” Facebook page, the cheek bite was Jack’s first offense (though one news report does quote Beratta referring to the dog as “nippy”; ok, a lot of dogs are “nippy”).

Hard to know what happened—some surmise the child may have startled or provoked the dog in some way. That we’ll never know. But the series of events that followed the dog bite injury have created a groundswell of support for the dog and his owners—including the sale of t-shirts that read, “I’ve got Jack’s back”.

So how did a dog who’s been described as “friendly” and “gentle” come to be on death row?

It all started with a 911 call.

Once Beratta’s daughter, the child’s mother, called 911, and the little girl was taken to the hospital where she was treated. The 911 call apparently resulted in the animal control officer, Nick Morosco, being notified, which then resulted in Jack winding up at the Steven Swans Humane Society where he was to be quarantined, by law, for ten days.

But things didn’t stop there.

The next stop was New Hartford (NY) Town Court. Beratta, according to the Facebook page, thought she was heading to court because Jack had not been licensed (note to dog owners—get your dog licensed, it’s the law), however, the license was the least of her worries. Rather, Judge James Van Slyke ruled that the dog should be put to death. The judge’s decision was in accordance with what NY law stipulates–that any domestic animal determined to be “dangerous” be euthanized.

Needless to say, the ruling came as a bit of a shock to Beratta and her family.

The family is now appealing the judge’s decision—which otherwise would’ve had Jack put down on April 6th. Until the appeal of the case is heard, Jack remains at Stevens Swan Humane Society, which WIBX950.com reports is costing the family $40 per day—and Jack may need to stay at the shelter for up to sixty days until the appeal is heard.

Given that the family didn’t have an attorney–why would they have thought they needed one?—and given the now costly and time-consuming position they now find themselves in in order to try and appeal the judge’s decision, what happened next is interesting.

According to the Facebook page, a New York attorney—who is only referred to as “Louis”—has taken on Jack’s case pro bono. Here is an excerpt from the Facebook page:

“An attorney by the name of Louis, read the article which was posted by Dana on the WKTV’s Facebook page and offered his services Pro-bono. Louis currently lives in NYC, but is originally from this area..and he obviously has a love for dogs!! He is a very busy man but has taken his time to help us with this case.”

Mind you, Beratta is just trying to keep Jack alive—she isn’t wanting to bring him back home and risk any other possible incidents. In fact, according to WKTV, Beratta has found a home for him in a neighboring county.

“They’re older people,” Beratta told WKTV. “They don’t have any children and we made the arrangement to have him go there and we can see the dog whenever we want. So it’s a safe situation for everybody. He’s a wonderful pet, a wonderful pet. I mean, he’s been in our family. He’s our family member.”

While Beratta awaits the appeal decision, local supporters of Jack have also created a petition at change.org.