Update: Facebook Romance Lawsuit dismissed…more to come…

August 26th, 2011. By AbiK

For anyone who was wondering what ever happened with that Cheryl Gray and Wylie Iwan Facebook romance lawsuit–the one where they met playing Mafia Wars and after a few months he facedumped her and she sued–this was the update as reported by wxyz.com…

 

Asbestos News Roundup: 8.26.11

August 26th, 2011. 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 Hot Spots 

Washington, DC: Structural damage to schools in Prince George County, caused by Tuesday’s 5.8 magnitude earthquake in Virginia, has kept 32 schools closed this week, affecting more than 23,000 students. Structural engineers are currently assessing the damage to the school buildings affected by the quake, and risk of asbestos exposure. The quake struck nine miles south of Mineral, VA, on August 23 at 1:51 pm, according to the US Geological Survey.

Officials cannot say when the schools will re-open, saying they are taking the situation day-by-day. “The safety of our students, teachers and staff is our number one priority,” said Superintendent William R. Hite Jr. said in a statement. “We are working as quickly as possible to get the necessary building inspections completed so that school can resume for all students.”

The schools affected vary in terms of size and age, with some schools, like Surrattsville High School, having stood for over four decades. Ernest E. Just Middle School, by contrast, has been open for less than 10 years.

According to a report in the Washington Post, Tuesday’s earthquake has only served to cement the concerns of parents with children in older school buildings. The president of the parents association at John Hanson Montessori School in Oxon Hill, Nicole Nelson, noted cracks in the ceiling and falling tiles in their 55-year-old building. The group has been lobbying for the school system to renovate Hanson since 2006, citing concerns about rat infestations and pipes made with asbestos. (WashingtonPost.com)

Asbestos News

St. Johns, NFL: Canadian physicians voted this week, almost unanimously, in support of a motion that opposes the federal government’s vote against the international designation of chrysotile asbestos as a hazardous substance.

During their annual conference, delegates to the Canadian Medical Association’s general assembly voted 99 percent in favor of condemning Stephen Harper’s government for its “shameful” decision that effectively blocks the listing of asbestos as a hazardous product.

“This is an important health care issue and a product that causes significant illness — even death,” Dr. Jeff Turnbull, outgoing president of the CMA, told reporters. “Canada should not be in the business of exporting such a dangerous product.”

In June, delegates at a United Nations summit held in Geneva voted on labeling asbestos as a known carcinogen. The head of the Canadian delegation, fearing a consensus vote in favor of the carcinogen labeling, made the statement against the ruling, effectively stopping the labeling in its tracks: a consensus among countries is needed to list the substance as a hazardous material under the United Nations’ Rotterdam Convention.

“The time for the CMA is now to go beyond calling on the federal government and begging it to take action, as it clearly has no intention of doing so,” Dr. Barry Turchen of Abbotsford, BC told Canada.com.

The CMA motion “sends a strong message to the federal government that their unethical and shameful behaviour will not be tolerated by the physicians of Canada,” Turchen said, to applause. (Canada.com)

Save NY from Cellino and Barnes Jingle…and maybe Win $1000!

August 25th, 2011. By AbiK

Please, please—I beg of you—if you have the slightest iota of musical talent—or think you do—and you are a “legal resident of New York, USA” please head over to the Cellino and Barnes Facebook page (after, of course, you’ve “liked” the LawyersandSettlements.com FB page) and submit your own Cellino and Barnes jingle—it could net you $1,000 and a placement in one their ads!

If you need any incentive or if you should question my plea for help on this one, the above—click it to play—is their current jingle, which I have heard one too many times on 1010 WINS. Granted, it’s not as bad as listening to “HeadOn…Apply directly to the forehead…HeadOn…!” which has more of a Chinese water torture effect (not to mention HeadOn has potassium bichromate, which I’ve always questioned the efficacy and safety of—but I digress).

I kid you not. Here’s the deal, straight from Cellino and Barnes website:

“Enter to Win $1,000 and placement in one of our ads! Think you’ve got what it takes to create a winning jingle? Perfect! Just check out our Facebook Page and learn how to enter! Already a fan, simply click on our Welcome Tab!”

Read the rules and legal mumbo-jumbo on their FB page–it’s all there; they’re even out there tweeting this one. But please…

Do the NYC-metro listening area a favor. Start singing away and picking that guitar. It’s our only chance…

Woman’s FBI Fib Raises Red Flags in Insurance Scam

August 24th, 2011. By AbiK

File under “What the hell was she thinking?”

Ok–here’s a flashback. 1984. Divine Sounds. “What People do for Money”. That’s it above. I’m thinking it must not of been on Bridgette Buckner’s Walkman way back when—otherwise she might’ve had a clue as to what would be in store for her should she ever foresee a future in fraud.

Which she did.

Yes, Bridgette Buckner, 50, of Bartlett IL, was a Totally Tortelicious, insurance fraud laughingstock waiting to happen. And here’s what happened…

Buckner clearly needed some cash—and what better way to get it than to get it from a dead person? So she claimed her husband died. Oh not just once like most husbands are eventually wont to do, but TWICE! Complete with forged death certificates and Lord knows what other supporting documentation.

She also claimed to have lost three children who apparently only lived in her mind—but that’s another, albeit related, story.

So back to the hubby with two lives. According to the Courier-News, Buckner worked for Hallmark Services in Aurora, IL. And it was there that she filed her life insurance claims. But—and this is the part I absolutely love—she claimed her husband—the second but same one who died previously, was an FBI agent who died in the line of fire! Boy, when Buckner claims a death she lets it rip (no pun) with the heroics, no?

And…the security consultants who wound up reviewing her claim were actually former FBI agents—what, pray tell, are the odds of that? Needless to say, Buckner could not possibly have raised any more red flags to alert her employer to her insurance scam.

As the story unwinds, Buckner’s husband is alive and kicking–he’s estranged (any guesses as to why? ok…ok…my bad) and not an FBI agent. When presented with these tidbits, Buckner was reportedly incredulous stating, “You mean he’s not dead?” How the investigators refrained from responding with “Well, he did rise up from the dead once before, right?” is beyond me.

Poor Bridgette. She’s now set to be sentenced next month. And p.s., she’s since added being charged with identity theft.

Should Dwarfism Preclude Working at Starbucks?

August 23rd, 2011. By AbiK

“Dwarfism is not a disease and opinions vary within the dwarf community about whether dwarfism is a disability. Dwarfism is a recognized condition under the Americans with Disabilities Act . Short stature can make some activities of daily living harder, such as using an ATM or gas pump. But most people with dwarfism have active, healthy lives and normal life spans.”

That’s a quote from WomensHealth.gov. The bold is from me as it caught my eye…is dwarfism a disability that’s rightly covered by the ADA? WomensHealth.gov is one of the sites I clicked through in order to try to gain more insight on the recent discrimination settlement where Starbucks agreed to pay $75,000 to a woman, Elsa Sallard, who has dwarfism and was let go after only three days of training as a Starbucks barista (“barista” being the adopted from Italy and seemingly inflated on US soil moniker for someone who makes, pours and hands over coffee, espresso or that quad venti skinny with whip iced caramel macchiato).

So Sallard, whose actual height has not been reported, must be 4 feet, 10 inches tall or less—as that’s the height one needs to be in order to be considered a dwarf (according to MedlinePlus, though the Mayo Clinic defines a typical range of “2 feet 8 inches (81 centimeters) to 4 feet 8 inches (142 centimeters)”). Four feet ten inches in and of itself would not seem to be a disability so I’m going on the assumption that whatever height Sallard is, she’s shorter than one needs to be to perform barista duties.

Regardless, she requested a stool or step ladder in order to facilitate her work behind the Starbucks counter. According to Reuters, the Starbucks manager at the location (El Paso, TX) where Sallard was being trained “ignored” her request and subsequently fired her, claiming she’d pose a danger to employees and customers.

While this may not be popular with all readers, I can see the manager’s point of view. I may not totally agree with it, and it certainly doesn’t align with how the ADA is worded**, but I can see where he might have been coming from. Particularly if the El Paso Starbucks was anything like a Manhattan Starbucks.

(**btw, the ADA considers a qualified individual with a disability to be “a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the eessential functions of the position with or without reasonable accommodation. Requiring the ability to perform “essential” functions assures that an individual with a disability will not be
considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job.” As such, dwarfism would be considered a disability.)

I recently had the pleasure of hitting a few Starbucks locations throughout NC, SC, GA and VA. It’s a pull up a chair and relax with some coffee kind of vibe. Not so in NYC. In New York, coffee’s gotta be served up PDQ or fuhgedaboutit. Doesn’t matter what time of day. So I can see where a manager at a busy Starbucks might first be thinking of mitigating the risk of injury prior to accommodating someone who can’t effectively reach all the necessary equipment to wait on customers.

It’s not hard to imagine the hustle and bustle behind the counter with waves of piping hot coffee (where’ve I heard that before?) cresting at the rim of every cup that’s being shuttled around. Throw in a step stool to maneuver about and it’s a burn injury waiting to happen at the very least; a slip and fall injury (or worse) at the worst.

The manager’s concerns—if that’s what they were—really aren’t part of the equation when it’s an ADA case. So for Sallard, Starbucks should’ve just run out to Lowe’s and gotten a blessed step stool. Instead, they’re coughing up $75,000 and providing diversity training on how to manage associates with disabilities.