Blog

The first two years of the Trump administration have proven to be tumultuous, and the area of environmental regulation is no different, as the administration has sought to rollback or overturn over fifty environmental rules over the course of the first eleven months of the administration. This rollback has heightened the need for environmental class actions arising out of toxic exposures to both protect communities from polluters and act as a deterrent, encouraging companies to take adequate measures to avoid polluting their communities.  In considering the current administration’s apparent goal of undermining institutional environmental protections for communities, and in considering the real benefits our environmental class actions have had for communities which otherwise would have been left with no real means of redressing pollution, it is apparent that trial lawyers must step into the void to protect our communities from polluters through the class action device.  

Back to School Season is upon us!  Stores are now filled with a plethora of backpacks, school supplies, and clothing.  Parents of school-aged children everywhere are preparing their children for school in hope of them being safe while learning much throughout the year.  Students are enjoying the last few days of summer before they embark upon an exciting new school year.

This summer, the KeKe Challenge (also referred to as the “#InMyFeelings Challenge”) has been an entire craze.  It is fun. It is spontaneous. It immediately sparks joviality. Even though there are specific moves to this KeKe dance, the KeKe Challenge has sparked much interest because it still allows an individual to express himself or herself creatively.  Of course, the best we have seen is the KeKe Challenge orchestrated by Will Smith, who had one of the best backgrounds in which he displayed his dance moves.  This Challenge has been a great way for people to express themselves all in a fun, spontaneous manner.  As soon as Drake’s song hits the stereo, one cannot help but begin to move.

A lawsuit filed in the federal court on July 29th, 2018 alleges that Ripley Entertainment “recklessly risked the lives of its passengers for purely financial reasons” which cost the lives of 17 people and injuring 14 others. The lawsuit continues on to say that the company knew that the duck boats were unsafe and knew the weather was not fit for the boat to go out onto the water.

Women in the legal profession often face discrimination and bias, both implicit and overt. This issue was recently thrust into the spotlight when a pregnant lead attorney in a Florida products liability trial, Christen E. Luikart of Murphy Anderson, requested a trial continuance because her due date coincided with the trial date.

Cerebral Palsy of North Jersey (CPNJ) is an organization that has been dedicated to helping individuals with severe disabilities since 1953.  They work to enhance the lives of those less fortunate than others. Assisting them with personal growth, independence, and semi-integration in the community is of the utmost importance to this organization.   Fundraising is a key factor in helping this organization positively impact the lives of these individuals with disabilities.

The U.S. Supreme Court recently denied certiorari without comment in the landmark Spokeo case, after the popular people search engine company, Spokeo Inc., petitioned the Court to revisit its interpretation of Article III standing for violations of the Fair Credit Reporting Act (“FCRA”).

In 1998, I represented a young couple in their 40’s that emigrated from Italy.    We met under unfortunate terms as the husband was dying from leukemia. He was good man who sacrificed for his family taking whatever job he could to support them.  As a local mechanic, he was unaware that the products he used on the job were hazardous to him. He was exposed to benzene, which is a chemical proven to cause leukemia.  This exposure led to his premature death, leaving his wife to raise three young children on her own.

This week Supreme Court Justice Anthony Kennedy announced his retirement from the Supreme Court.  Justice Kennedy, a conservative, was appointed by President Ronald Reagan in 1987.  Although conservative, Kennedy’s upbringing in California is credited for his strong libertarian streak, often causing consternation to his court colleagues and petitioners alike. Kennedy often acted as the swing vote on substantial cases, and his legacy will be debated for years.  Others will no doubt write on the effect that his retirement, and the effect Trump’s appointment will have on major issues such as the right to abortion and same sex marriage. This blog is concerned with the possible effect of his retirement on environmental regulations and the role of the Supreme Court in interpreting them.

On April 30, 2018 in Lamps Plus Inc. v. Varela, the U.S. Supreme Court granted a writ of certiorari in a class arbitration case coming out of the Ninth Circuit.  The issue in Varela is whether the Federal Arbitration Act (“FAA”) precludes an interpretation of an arbitration agreement that may authorize class arbitration based solely on general language commonly used in arbitration agreements.  The Ninth Circuit held that even though the arbitration clause did not mention “class arbitration”, mutual assent to class arbitration could be inferred from the language that “arbitration shall be in lieu of any and all lawsuits or other civil legal proceedings” and a description of the substantive arbitral claims.  This issue is important to consumers nationwide because if the U.S. Supreme Court reverses the Ninth Circuit and disallows class arbitration in Varela, consumers subject to many other arbitration clauses from which class arbitration may be more readily inferred than the one in Varela could be precluded from seeking class arbitration and leveling the playing field against companies committing rampant consumer fraud.