Asbestos-- a public health emergency

President Obama's administration declared a public health emergency today. Clean-up of the town of Libby, Montana began 10 years ago, yet is still incomplete. As of now there are 200 deaths and over 1,000 illnesses caused by asbestos reported. The town will receive enhanced help for clean-up and medical assistance.

Check out the CNN article to learn more.

The Pop Tart

Check out The Pop Tart for all the latest news on consumer issues:

http://www.thepoptort.com/

Chrysler Bankruptcy leaves more victims without recourse

The list of GA Supreme Court nominees keeps getting longer

The Fulton County Daily Report provided yet another updated list this morning. Nominations for the post closed yesterday. It's quite a field:

Lynn M. Akeley-Alderman
Enotah Judicial Circuit Superior Court Judge
Nominated by Josh Turner, chairman of the White County Republican Party (June 4)

Alvin L. Bridges Jr.
Managing attorney for automobile insurer in Atlanta
Nominated himself (June 4)

Anne Proffitt Dupre
Law professor at the University of Georgia
Nominated by Kellie Casey Monk, director of advocacy at the University of Georgia School of Law (June 4)

David F. Guldenschuh
Attorney in Rome
Nominated by Michelle S. Tyree, paralegal at Guldenschuh & Associates (June 4)

Laurens C. Lee
Byron City Judge and Peach County Magistrate
Nominated by his brother, Louis B. Lee (June 4)

Marc A. Mallon
Assistant District Attorney in Fulton County
Nominated by Atlanta attorney S. Fenn Little Jr. (June 4)

George P. Shingler
Shareholder at Casey Gilson in Atlanta
Nominated by his law partner, Joyce Gist Lewis (June 4)

Cheryl F. Custer
Executive Director of the Judicial Qualifications Commission
Nominated by Frank Love Jr. of Bryan Cave Powell Goldstein (June 3)

Rocco E. Testani
Litigation partner at Sutherland Asbill & Brennan in Atlanta
Nominated by Charles T. Lester Jr., of counsel at Sutherland (June 3)

Elizabeth P. Archer
State Inspector General
Nominated by Michelle M. Rothenberg-Williams, partner at Balch & Bingham in Atlanta (June 3)

S. Phillip Brown
Macon Circuit Superior Court Judge
Nominated by retired teacher Frankie Brule (June 3)

Michael J. Bowers [DECLINED NOMINATION]
Partner at Balch & Bingham in Atlanta
Nominated by Atlanta lawyer Henry A. Hibbert (June 3)

Christopher C. Edwards
Griffin Judicial Circuit Superior Court Judge
Nominated by Griffin Superior Court Chief Judge Paschal A. English; Griffin Superior Court Judges Johnnie L. Caldwell Jr. and Tommy R. Hankinson; Griffin District Attorney Scott Ballard; Griffin Public Defender Joseph J. Saia; Fayette County State Court Judge W. Fletcher Sams; State Sen. Ronnie Chance, R-Tyrone; State Reps. David Knight, R-Griffin, Virgil Fludd, D-Tyrone, Matthew L. Ramsey, R-Peachtree City, John Yates, R-Griffin, and Billy Maddox, R-Cairo; Fayette County Solicitor Jamie Inagawa, Spalding County Solicitor Griffin E. Howell III, Fayette County Attorney Scott Bennett; Spalding County Attorney James R. Fortune Jr.; Pike County Attorney Robert Lamar Morton; Upson County Attorney Truitt A. Mallory; Meansville City Attorney Thomas H. Morton; Fayette County Commission Chairman Jack Smith; Spalding County Commission Chairman Edward Goss; Pike County Commission Chairman Doug Mangham; Upson County Commission Chairman Maurice A. Raines; Fayette County Sheriff Wayne Hannah; Spalding County Sheriff Dee Stewart; Pike County Sheriff Jimmy Thomas; Upson County Sheriff Don Peacock; and Georgia Regional Transportation Authority Board Member Alton W. Knight (May 28)

Steven K. Leibel
Dahlonega personal injury lawyer
Nominated by Atlanta lawyer Leon Pomerance (June 3)

Christopher J. McFadden
Decatur appellate lawyer
Nominated by Atlanta lawyer Guy E. Davis Jr. (June 3)

Dawn H. Taylor
Gwinnett County Assistant District Attorney
Nominated by Stuart E. Walker of Martin Snow in Macon (June 3)

J. Robert Persons
Atlanta civil defense lawyer at Smith Moore Leatherwood
Nominated by Atlanta lawyers W. Seaborn Jones, C. David Butler and Paul M. Talmadge Jr. (June 2)

Joshua C. Bell
Bainbridge lawyer
Nominated by Damon E. Elmore, vice president at NAPA Rayloc (June 2)

William G. Hamrick III
State Senator, R-Carrollton
Nominated by state Sen. Ross Tolleson, R-Perry (May 28)

David Ralston
Attorney and State Representative, R-Blue Ridge
Nominated by State Rep. Doug Collins (June 2)

Richard S. “Rick” Thompson
Partner, Drew Eckl & Farnham
Nominated by Drew Eckl partner John G. Blackmon Jr. (June 1)

Barry A. Fleming
Partner, Fulcher Hagler
Nominated by Brian Epps of Kilpatrick Stockton (June 1)

John K. Larkins Jr.
Partner, Chilivis, Cochran, Larkins & Bever
Nominated by John K. Larkins III (June 1)

Jeannette L. Little
Troup County State Court Judge
Nominated by state Rep. Randy Nix (June 1)

Stephen Louis A. Dillard
James, Bates, Pope & Spivey
Nominated by state Sen. Cecil Staton (June 1)

Michael P. Boggs
Waycross Judicial Circuit Superior Court Judge
Nominated himself (June 1)

James R. Osborne
Paulding County Superior Court Judge
Nominated by W. Thomas Cable of Talley, Richardson & Cable (June 1)

Bruce M. Edenfield
Dahlonega attorney
Nominated by Robert E. Hicks of McKenna Long & Aldridge (June 1)

Kenneth L. Shigley
Chambers, Aholt & Rickard
Nominated by George M. Weaver (May 29)

Zena E. McClain
Savannah attorney
Nominated herself (May 29)

David E. Nahmias
U.S. Attorney for the Northern District of Georgia
Nominated by David J. Burge (May 28), Frank C. Jones (May 29), Jeffrey S. Cashdan (May 29), Larry D. Thompson (June 1)

M. Yvette Miller
Chief Judge, Court of Appeals of Georgia
Nominated by Benjamin A. Davis Jr. (May 28)

Cynthia J. Becker
DeKalb County Superior Court Judge
Nominated by Robert F. Dallas, director of Governor’s Office of Highway Safety (May 28)

Peggy H. Walker
Douglas County Juvenile Court Judge
Nominated herself (May 9)

Mary E. Staley
Cobb County Superior Court Judge
Nominated by herself (May 28)

Stephen B. Farrow
State Transportation Board Member
Nominated James H. Bisson III, a colleague at the North Georgia firm of Minor, Bell & Neal (May 27)

James P. Kelly III
Atlanta solo practitioner
Nominated by Atlanta lawyer Harry W. MacDougald of Caldwell & Watson (May 26)

J. David McDade
Douglas County District Attorney
Nominated by Blue Ridge Judicial Circuit District Attorney Garry T. Moss (May 26)

William M. Ray II
Gwinnett County Superior Court Judge
Nominated by Augusta lawyer David P. Dekle (May 22)

Craig L. Schwall Sr.
Fulton County Superior Court Judge
Nominated by Troutman Sanders partner Mark H. Cohen (May 22)

Thomas D. Harper
Atlanta insurance defense lawyer at Harper, Walden & Craig
Nominated by Athens lawyer Craig C. Avery (May 22)

C. Wilson DuBose
Georgia Public Defender Standards Council Chairman
Nominated by himself (April 29) and Atlanta lawyer Terrence L. Croft of King & Croft (May 27)

Patrick H. Head
Cobb County District Attorney
Nominated by former DeKalb County District Attorney J. Tom Morgan (April 16)

Samuel D. Ozburn
Alcovy Judicial Circuit Superior Court Judge
Nominated by State Sen. John Douglas, R-Social Circle (February 12)

Garland R. Hunt
State Board of Pardons and Paroles Member
Nominated by political consultant Tim Echols (December 26)

Benjamin W. Studdard III
Henry County State Court Chief Judge
Nominated by Mercer Law Professors Jack L. Sammons (December 19) and Joseph E. Claxton (January 12)

Obama Memo on Complete Immunity Preemption Makes Clear Rule of Law Prevails Over Rule of Politics

Contact: Cecelia Prewett or Jen Fuson (202) 834-6209 (Cell)
202-965-3500 x369 (Office)
AAJ Press Room

Obama Memo on Complete Immunity Preemption Makes Clear Rule of Law Prevails Over Rule of Politics

Statement of American Association for Justice President Les Weisbrod

WASHINGTON, DC—“On behalf of the thousands of people whose cases have been affected by complete immunity preemption, we are heartened by the Presidential Memo released today.

The Obama Memo on regulatory preemption makes clear that the rule of law will once again prevail over the rule of politics. The memo overturned actions taken by Bush administration bureaucrats who were influenced by powerful, well-connected corporations who wanted to re-write and re-interpret Congressional legislation, undermine the Constitutional system of checks and balances and put the public at risk and compromise laws designed to give Americans basic rights to hold wrongdoers accountable.

However, horrendous injuries and deaths are still happening from dangerous products. For that, we look to Congress to remedy those wrongs and they can start by passing the Medical Device Safety Act.”

###

For background on AAJ’s work on complete immunity preemption visit www.justice.org/newsroom and see the “Get Out of Jail Free” report on the regulations affected by this memo.

Chinese Drywall Highlights Hurdles to Holding Foreign Producers Responsible for their Products

For Immediate Release: May 19, 2009

Contact: Jennifer Fuson
202-965-3500 x609
www.justice.org

Chinese Drywall Highlights Hurdles to Holding Foreign Producers
Responsible for their Products

Hurricane Katrina Victims among Families that Face Further Home Complications

Washington, DC–Chris Whitfield is just one of the families who lost his home to Hurricane Katrina in Louisiana’s St. Bernard Parish. Just a few years later, his family now faces another uncertain future upon finding Chinese drywall in their new Picayune, Mississippi home. The drywall is corroding his appliances, and causing an egg-like smell that he has no idea what effect it will have on his families’ health or home.

Chris is just one of hundreds, if not thousands of families who wonder where they can turn for justice when their unsafe home is made from defective materials manufactured in another country.

Today the U.S. Senate Judiciary’s Administrative Oversight and the Courts Subcommittee will explore the topic of holding foreign manufacturers responsible in a hearing titled, “Leveling the Playing Field and Protecting Americans: Holding Foreign Manufacturers Accountable.”

“Unfortunately, when the product comes from abroad an unfair and unnecessary battle over civil procedure becomes the focus of the litigation instead of focusing on the real issue at hand, the victim’s injuries,” said Tom Gowen, of Locks Law Firm in Philadelphia, Pennsylvania. “It makes no difference whether the product is drywall, tire valves, or toothpaste. Someone has been harmed and someone has to be held responsible for the defective products.” Gowen will be testifying before the subcommittee.

There are four primary hurdles when perusing legal action against a foreign entity: identifying the manufacturer, service of process, jurisdictional issues, and collection of judgment.

Some foreign products do not contain an adequate label with the manufacturer’s proper name and might be labeled, “Made in China,” or have a retailers name like Sears, Walmart or Target. This presents a problem identifying the manufacturer responsible residing within a foreign country.

Once a manufacturer can be identified, service of process, is simply actually servicing the legal papers to pursue further legal action. The process has been made easier by a Hague Convention treaty signed by about 70 countries, but still requires the complaint to be translated in to the company’s home language, transmitted to the authority in the foreign country, and delivered to the defendant according to rules of service in the country. India, for example, has not signed the Hague Convention, so servicing the legal documents requires going through the U.S. Department of State.

Also testifying before the subcommittee, Chuck Stefan is one of the owners of The Mitchell Company which builds homes in Alabama, Florida, and Mississippi that had unknowingly used the defective drywall in manufacturing about 45 homes. “Foreign manufacturers should not be allowed off the hook for harming U.S. consumers and businesses like ours, especially if they are conducting substantial business here in the U.S.,” said Stefan. “If American businesses can’t hold foreign manufacturers accountable, it hurts their bottom line in addition to harming U.S. consumers and homeowners. It also puts U.S. businesses like Mitchell Homes at a competitive disadvantage.”

To set up interviews with Tom Gowen, Chuck Stefan, or any other consumer affected by Chinese drywall, please contact AAJ Communications.
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John "Chris" Clark becomes GTLA's 53rd President

Media Release

Atlanta, Georgia—On Friday, April 17th, John “Chris” Clark of Macon, Georgia, will become the Georgia Trial Lawyer Association’s (GTLA) 53rd President during the Association’s Annual Convention.

“It has been one of the greatest honors of my life to serve as the President of GTLA,” said outgoing President, Fred Orr, whose one-year term expires this Friday. “I will be handing over the reins of the GTLA Presidency to one of my dear friends and one of GTLA's finest trial lawyers, Chris Clark of Macon, Georgia. He will be an outstanding President of GTLA.”

Clark, a native Georgian, has been practicing law for 20 years. As a partner in O’Neal, Brown and Clark, his practice focuses on representing severely injured individuals or the families of persons killed through negligence.

Clark graduated summa cum laude from The Citadel and was a former officer in the United States Army. He then attended Mercer Law School where he was a Mercer Law Review editor and member of the Brainerd Currie Honor Society before graduating cum laude. Now, Clark is an adjunct professor at Mercer Law School and he regularly lectures at various Continuing Legal Education seminars. Clark is married to Elizabeth Clark and together they have raised two sons, John and Robert.

“I am humbled and proud to be the next President of the Georgia Trial Lawyers Association because without GTLA, the Constitutional promise of justice for all would be significantly endangered,” said Clark. “Protecting and preserving the promise of justice for all Georgians, from all walks of life—remains the essential mission of GTLA. GTLA’s vision of fairness and justice for all is needed now more than ever.”

Clark will be voted in as President at the business meeting during the GTLA Annual Convention at the Four Seasons Hotel. The Annual Convention culminates Friday night with a President’s Gala featuring keynote speaker Congressman Bruce Braley from Iowa. The Gala will celebrate outgoing President Orr and welcome incoming President Clark.

“President Fred Orr did an outstanding job leading GTLA over the past year. I am honored to be following behind such a strong and charismatic leader,” said Clark.

Said Orr, “Chris brings a personal passion to all he does and has a unique understanding of the needs of our members - particularly those outside the metro-Atlanta area. Chris is a true Champion of the Civil Justice System.”

In addition to his leadership in GTLA, Clark is named in the “Best Lawyers in America,” is a member of the American Board of Trial Advocates and a Master in the Bootle Inn of Court. He is President of the Macon Bar Association and he is a member of the President’s Club of the American Associate of Justice. Clark has been repeatedly named as a “Super Lawyer” by Atlanta Magazine.

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Judge Denies Rape Victim the Right to Sue

From CNN:

A budget nobody will call perfect

From the AJC, a report on the GA budget's passage, with quotes attributed to Allie Wall, worth a read:

"When state lawmakers drove away from the Capitol early Saturday, they left many Georgians facing the possibility of higher property taxes this fall and the prospect of higher utility bills in the future.

They left students facing likely increases in tuition at universities and colleges. And they left metro Atlanta residents with the likelihood that MARTA service will be cut.

They gave Georgians with profitable investments a break on capital gains taxes.

They also may have helped create some jobs for the unemployed by giving tax breaks to businesses that hire them and by approving $1.2 billion in borrowing for construction projects."

and ...

A bill consumer groups said would help address the state’s foreclosure crisis, Senate Bill 57, passed the Senate but never made it to the House floor for a vote.

Georgia Watch, an Atlanta consumer group, said the bill would have, among other things, banned major financial incentives for mortgage brokers to guide borrowers into expensive and unsuitable loans.

Allison Wall, executive director of the group, said she was “extremely disappointed” the House didn’t take up the bill.

Source here.

Georgia Legislative Report

How certain bills fared in the final days of the Georgia Assembly:

-Lawmakers struck a deal on an $18.6 billion state budget that makes deep cuts to state spending. The plan avoids increasing health insurance costs for state workers by tapping federal stimulus dollars to pay for Medicaid, the health program for the poor.

The gridlock over transportation continued as lawmakers failed to reach a compromise on funding. Lawmakers struck a deal over a transportation overhaul that would give state politicians vast control over infrastructure dollars. But plans for a new one-cent sales tax to fund hundreds of road projects died.

-Lawmakers agreed on a separate transportation overhaul that would give state politicians vast new control over infrastructure dollars. The transportation makeover, which passed the Senate 33-22, comes after heavy lobbying from Republican leaders who argued that granting the governor and lawmakers new powers over transportation funding would help transform a dysfunctional bureaucracy into one that is more accountable to voters.

-The Legislature approved a sweeping new tax break that cuts the capital gains tax in half over two years. The measure also doles out a $2,400 income tax credit to any business that hires someone who has been unemployed for at least four weeks. And it creates a one-year "new business tax holiday" that waives the $100 filing fee for new business.

-Gov. Sonny Perdue won't be able to preside over a wedding anytime soon. The Legislature on Friday stripped a provision that would give the governor, lieutenant governor, speaker of the House and constitutional officers the power to preside at weddings. House Speaker Glenn Richardson had advocated the measure. But when it passed the House by a 164-1 vote, it only included a separate proposal designed to urge couples to get tested for sickle cell disease before marrying.

-State lawmakers who fail to pay taxes could soon face sanctions from a legislative committee. The House and Senate have both passed measures that would allow the House or Senate Ethics committees to investigate and sanction legislators who fail to pay their taxes. Both chambers passed the measure, which now goes to Perdue.

- A proposal that would give lawmakers more control over the public defender system was pulled amid concerns from lawmakers. It would have given politicians more control of the cash-strapped system.

-The Senate tried again to force adults in seat belts to buckle up, but House lawmakers refused to take up the measure. Similar proposals have died in that chamber for the last three years.

-The Legislature signed off on a proposal that would provide legal protection to families who use donated embryos to have a child. The House's 108-61 vote Friday on the "Option of Adoption Act" is designed to prevent an embryo donor from later claiming the child born from that embryo to another family.

-Lawmakers agreed to reorganize two of the state's largest bureaucracies. The Senate voted unanimously to restructure the state's health and human services department, creating a new agency to lead Georgia's troubled mental health system. The measure would reshuffle social services and health programs now spread across two state agencies and distribute them among three new divisions.

-Lawmakers voted to require prospective voters to prove they are U.S. citizens before they cast their ballots. The plan, which passed the House 104-67, would make Georgia the second in the nation with such requirements. Only Arizona requires its residents to prove they are U.S. citizens to register to vote.


Source here.