Category Archives: Legal

Unfair Feres Doctrine

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My trade group, the American Association for Justice (personal injury attorneys representing injured people), has been trying to get Congress to repeal the unfair Feres Doctrine, which prevents military service personnel from being compensated for any injuries received while they serve.

The issue was on CBS This Morning Show: https://twitter.com/CBSThisMorning/status/1161241128097714176

Former residents in MLW

BIG WEEK IN MASSACHUSETTS LAWYERS WEEKLY FOR ATTORNEYS WHO USED TO LIVE IN MEDFIELD

Kramer-300x160Robert Mueller made me proud to be a lawyer

Steve’s full article is here

 

 

Stephen M. Nolan Leadership Award at the Lawyers Clearinghouse

This from the article on the first awarding of the the Lawyers Clearinghouse’s Leadership Award now renamed the Stephen M. Nolan Leadership Award, lets us know that Steve Nolan volunteers a lot in the legal world, just as he did in Medfield. –

“Liz Lintz then introduced event co-chairs Rick Henken and Tim Sullivan to present the Stephen M. Nolan Leadership Award—previously known only as the Leadership Award—to Chrystal. The Clearinghouse had recently renamed the award to recognize the incredible contributions of longtime board member Steve Nolan, a partner at Nolan Sheehan Patten.

“Steve’s dedication to the Clearinghouse over the past 27 years has been nothing short of extraordinary,” Liz said. “We wanted to honor Steve for all that he’s done in a special and lasting way.”

Full article here

 

About

The Lawyers Clearinghouse harnesses the power of Massachusetts legal professionals to strengthen communities. We do this by connecting Massachusetts nonprofits and the homeless with pro bono lawyers. With limited resources, we maximize community impact by streamlining the way lawyers volunteer their skills.

Through our connections to a network of lawyers at top Massachusetts law firms and corporations, we:

The Clearinghouse Model

The Clearinghouse bridges the gap between lawyers who want to volunteer and nonprofits and homeless people who need their help. Lawyers want to take pro bono cases, but scarcely have the time to research opportunities. Nonprofits need legal help, but can rarely afford an attorney. The homeless and at-risk population needs someone to speak for them. Through our connections to a network of lawyers at top Massachusetts law firms, we serve several communities.

Ask Congress to repeal the Feres Doctrine

The Feres Doctrine prevents active duty military service people from getting compensated for being injured or killed while serving.  It is not fair to our service members and should be repealed.  My trade group, the American Association for Justice (www.justice.org – personal injury attorneys serving injured people), is pushing bipartisan legislation that repeals the Feres Doctrine.  Please support doing so.

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TAKE ACTION: Ask your member of Congress to support new legislation to protect the rights of U.S. servicemembers to seek civil justice when injured or harmed. #SaveStayskal #UnfairFeres

1 in 10 patients harmed in the course of their medical care

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“More than 1 in 10 patients are harmed in the course of their medical care, and half of those injuries are preventable. Among the preventable errors, 12 percent led to a patient’s permanent disability or death, according to the report published Wednesday in The BMJ, a medical journal.”

https://www.nbcnews.com/health/health-news/medical-mistakes-harm-more-1-10-patients-many-are-preventable-n1030996

Feres Doctrine – bars servicemembers from justice against the U.S. government when injured

From my American Association for Justice –

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This week, the U.S. Supreme Court denied two petitions involving the Feres Doctrine, a long-standing precedent initially established by the high court, which bars active duty servicemembers from taking legal action and seeking justice against the U.S. government when they are injured or harmed incidental to military service.

 

Granting the petitions would have allowed the Court a chance to overturn the Feres Doctrine, which has systemically shut out claims, such as negligence and medical malpractice, brought by servicemembers for decades.

 

Notably, both Justice Ruth Bader Ginsburg and Justice Clarence Thomas dissented from the Court’s decision to deny the petitions:

 

Such unfortunate repercussions—denial of relief to military personnel and distortions of other areas of law to compensate—will continue to ripple through our jurisprudence as long as the Court refuses to reconsider Feres,” Justice Thomas wrote.

 

Now more than ever, we need Congress to step up and take action to right this wrong. New, bipartisan legislation seeks to amend existing legislation, so that servicemembers can take rightful action and seek accountability when they are wronged. The Feres Doctrine undermines the rights of the men and women who serve and is affront to all Americans.

 

You can help by contacting your member of Congress and telling them to support the Sfc. Richard Stayskal Military Medical Accountability Act of 2019. It’s time we start protecting the rights of those fighting for ours.

 

3M documents show company hid PFAS dangers

From my daily e-newsletter from the American Association for Justice (attorneys representing injured people) –

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Civil Justice System

Internal 3M documents show company hid PFAS dangers for decades.

The Detroit Free Press (5/9, Matheny, 1.52M) reports that in a “scathing resignation letter,” a former 3M environmental specialist “accused company officials of being ‘unethical’ and more ‘concerned with markets, legal defensibility and image over environmental safety’ when it came to PFAS.” In a 1999 resignation letter, Richard Burdy called PFOS, one of 3M’s chief PFAS products, “the most insidious pollutant since PCB.” Purdy said, “It is probably more damaging than PCB because it does not degrade, whereas PCB does; it is more toxic to wildlife,” adding, “I have worked within the system to learn more about this chemical and to make the company aware of the dangers associated with its continued use…but I have continually met roadblocks, delays, and indecision. For weeks on end, I have received assurances that my samples would be analyzed soon – never to see results. There are always excuses and little is accomplished.” The Detroit Free Press says that the letter “is just one of a large cache of internal 3M memos and documents obtained by the Free Press through public records law from the Minnesota Attorney General’s Office.”

 

EPA EXPLAINS WHAT PFAS ARE

You Should Know

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PETERSON | Law

Osler “Pete” Peterson

617-969-1500 – Newton

February 2019

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Gentle Enough for Babies’ Bottoms?

Last month we told you about a new report on the worst corporate conduct in 2018. Based on breaking news from Reuters, the New York Times and others, we may have our first “worst conduct” nominee for 2019. Internal documents uncovered in lawsuits against healthcare giant Johnson & Johnson indicate that the company knew for years that its iconic Baby Powder might be tainted with traces of cancer-causing asbestos. The company adamantly denies any link between its talc-based products and cancer, but nearly 12,000 lawsuits allege otherwise. Here’s what you should know about this troubling story.

New Report Says Baby Powder Giant Knew of Cancer Risk

Talc Danger
The fragrance of baby powder is distinct and comforting. It conjures images of newborn babies or toweling off after a warm shower. But the reality isn’t quite so idyllic for thousands of Americans who claim that trace amounts of asbestos in talc caused their cancer. Now a new investigation by Reuters argues that Johnson & Johnson, the world’s largest manufacturer of talc-based baby powder, may have known – and covered up – the cancer-causing risk of its iconic product for decades.

BY THE NUMBERS

12,000

Nearly 12,000 women suffering from mesothelioma and cervical cancer allege in lawsuits that Johnson & Johnson talc products caused their illnesses.

VIDEO BOOKMARK

Baby Powder Tainted by Asbestos, Says Report

Reuters reporter Lisa Girion tells MSNBC how Johnson & Johnson kept concerns about its baby powder secret for decades.

THE DOCKET

TALC SUBSTITUTES

Looking for safe alternatives to talc baby powder and shower products? Here are five options from Mother Nature Network.

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