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The Citizens for Clean Water and the Executive Director, Gail McPherson, present a nightmarish story of The California's Water Board regulators' abuse of their authority in Los Osos... Raising their enforcement hammer and violating the law and civil rights of the very citizens they were intended to protect.
Today's federal and state regulatory agencies were created to safeguard the public from corporate abuses. For decades, Americans have relied on these agencies as part of the framework that ensures the safety of our environment, water supply, workplaces, food, drugs and consumer products.
These agencies were created because businesses were operating without proper oversight, leaving Americans without any protection from many corporate abuses. Over time, however, many agencies became captured and controlled by the very industries they were intended to regulate. While this has been a longstanding problem, things have gotten far worse in California.
Regulators are increasingly dependent on large consulting firms to fund the science to promulgate the regulations they enforce. This interdependency then extends to local government agencies required to implement projects to meet the regulations. Due to the regulatory complexity, agencies have no choice but to hire these consulting and engineering firms to look out for their interests. The result is the local agency often gets over priced or unsustainable projects that enable excess profit-taking from the taxpayer funded projects.
The State Water Resources Control Board role in protecting its citizens in approving the projects and funding often has little review. The taxpayer protections have been replaced with a compromised system of regulations, funding priorities and enforcement actions designed to assist and enable private profit-making firms.
The sewer debacle in Los Osos (an unincorporated area of San Luis Obispo County) sets many precedents. It was first loan default in the history of the highly successful Federal and State Revolving Fund Loan Program. While the headlines typically blames a few vocal citizens that appeared to refuse to put a sewer their community, the real story behind the headline is Los Osos community where 30% are fixed -moderate to low income families, created their own project oversight structure, and watched-dogged their local services district, the consulting firms, and the regulators. Their discoveries of a flawed and over-priced project resulted in a community vote to stop the highest per capita sewer project in the nation, to toss local leaders, sue the consultants and the State, to propose an alternative project, and seek investigations.
The reaction of the vote was a firestorm of actions by the State Water Board regulators who, under cover of the attorney generals office, promised to fine the local agency "out of existence" and slapped them with $6.6 mil in fines, pulled all project funding, sought special legislation to assure loan repayment, and promised to go after individuals to "change the will of the voting community."
The regulators retaliation against the voters launched the unprecedented individual enforcement actions, reserved for major polluters, but applied to regular citizens. Fifty homeowners were randomly selected from about 5000 for prosecution in 2006. With hearings and a few mock settlements each in turn were issued orders that have the power to result in loss of homes, civil liabilities of up to $5000 per day in fines, and criminal referral to the attorney general. The orders require them to hook up to a sewer that does not exist, and to vote and pass a 218 assessment that puts liens on their homes to pay an estimated $300 a month for a yet undefined project. A total of 4400 properties are threatened with similar orders if the vote does not pass.
As you can readily see, The Water Board regulators' abuse of their authority by raising the enforcement hammer violates the law and civil rights of the very citizens they were intended to protect.
Citizens for Clean Water
Prohibition Zone Legal Defense Fund
You can contact Gail McPherson at 805-459-4535 www.pzldf.org
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An exciting, exclusive and informative interview with Paul Kiesel, Partner, Kiesel, Boucher & Larson LLP, about the serious problems with the California Medical Injury Compensation Reform Act (MICRA).
n 1975, the California State Legislature passed MICRA) which placed a cap on damages for medical malpractice claims. According to this Act, an injured plaintiff cannot recover non-economic losses in excess of $250,000. It has been 32 years now since that law was put in place and we now have enough data to show that it does not work. Even though it promised to lower malpractice insurance premiums for doctors, rates rose more than 450% in the first 13 years. It wasn't until 1988 when Prop 103 (an insurance reform initiative) was voted in that rates for doctors stabilized. With the countless hours of preparation, taking depositions and the cost of medical experts to testify, the $250,000 cap was simply not sufficient funds with which to argue a case for an injured plaintiff. Defending insurance companies can easily outspend capped plaintiffs, who only win these suits one out of every 8 times. However
even in those cases where damages are awarded for ongoing care of a severely injured victim, the amount is reduced by what can be garnered from Social Security, Disability, Medicaid and other public forms of compensation first. MICRA makes the victim hit up the taxpayers first, then makes the insurance carrier pay!
Kiesel, Boucher & Larson LLP is a nationally recognized consumer litigation firm specializing in plaintiff, complex litigation, class action, catastrophic defect, professional malpractice and environmental litigation. Paul Kiesel received his juris doctorate from the Whittier College school of Law in Los Angeles, in 1985. In 2005 he was awarded an Honorary Doctor of Law from Whittier Law School. His practice is devoted to the representation of consumers in personal injury, class action,environmental and toxic tort litigation. Mr. Kiesel serves as an officer on the Executive Committee of the Los Angeles County Bar Association Litigation Section. He was appointed by Chief Justice Ronald George to the State of California Judicial Council Civil and Small Claims Advisory Committee. He served on the Board of Governors for the California and Los Angeles Trial Lawyers Associations, now the Consumer Attorneys Associations of California and Los Angeles.
You can contact Paul at 310-854-4444, or www.kbla.com
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Heather Weigand of the Life After Exoneration Program is featured in an exciting, exclusive, in-depth and inside interview with exoneree Timothy Atkins discussing
After 20 years in prison for a killing that a key witness says he didn't commit, Timothy Watkins is a free man because of the tireless efforts of Heather Weigand and the Life After Exoneration Program. In light of recanted testimony, Los Angeles County Superior Court Judge Michael A. Tynan overturned Atkins' conviction and ordered his immediate release. Tynan was the trial judge in 1987 when Atkins was convicted of second-degree murder and two counts of robbery and sentenced to 32 years in prison.
Heather Weigand serves as the Life After Exoneration Program's Director of Client Services and New Programs. She began modeling policy and service provision in 2005 for the exonerated in the Western Region of the United States. Currently, her efforts are directed to developing and providing exemplary services to the exonerated in California and Texas. This includes delivery of a regional policy & service model that can be replicated in states with the highest population of exonerees. In conjunction with her co-director, she oversees the board building, development, fund raising, advocacy, public education and lobbying efforts for this unique grass roots organization. Heather incubated the very first "Council of the Wrongfully Convicted", an exoneree-led council and leadership program and still acts as its primary advisor.
The Life After Exoneration Program is the only national organization dedicated to helping survivors of wrongful conviction re-enter society and rebuild their lives. The Life After Exoneration Program is working to ensure that exonerees have access to badly needed services, and is helping to build a community of the exonerated. The Life After Exoneration Program is supporting policy reform on behalf of the exonerated.
Over 400 exonerees in our country have proven their innocence and been released from prison after having been convicted of crimes they did not commit. On average, they serve more than 12 years in prison before release.
You can contact Ms. Weigand at 510-292-6010, or www.exonerated.org
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Neville L. Johnson of Johnson & Johnson, LLP is featured in an exciting, exclusive, in-depth and inside interview with former child actor Ken Osmond discussing
SAG and $8 million in foreign residuals owed to its members. Mr. Johnson represents Ken Osmond, who played the troublemaking Eddie Haskell on TV's "Leave It to Beaver," claiming that SAG collected more than $8 million in foreign residuals on behalf of its members and nonmembers but has not passed on the profits. Osmond filed the suit in Los Angeles Superior Court as a proposed class action case, which, if approved, would allow others in similar situations to participate in the litigation. For Osmond, who went on to become a Los Angeles police officer, SAG allegedly has collected money for the overseas exploitation of "Leave It to Beaver." In June, SAG allegedly "stonewalled" Osmond and his requests to audit its books and explain how it collects and pays out foreign residuals.
Neville L. Johnson is a founding partner of Johnson & Johnson, LLP. He specializes in media, entertainment, class action, privacy, and complex business litigation matters. Mr. Johnson is a graduate of the University of California, Berkeley, where he was Phi Beta Kappa. He received his law degree from Southwestern University School of Law, graduating at the top of his class.
Johnson & Johnson's lawyers are well known for handling numerous high profile and wide-reaching entertainment matters. The firm has represented actors, producers, directors, screenwriters, authors, personal managers, production companies, musicians, composers, publishers, and independent record companies. Johnson & Johnson represents companies and individuals in complex business litigation. Representative matters include: partnership disputes, breach of fiduciary duty, fraud, actors for breach of contract, unfair competition, and consumer class actions. The lawyers at the firm specialize in copyright law, idea protection law, trade secret law, trademark law, domain name disputes, and cybersquatting litigation.
You can contact Mr. Johnson reach at 310-975-1080, or www.jjllplaw.com
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Maureen Faulkner, the widow of slain Philadelphia police officer Danny Faulkner, is featured in an exciting, exclusive, in-depth and inside interview, discussing her new book
Murdered by Mumia: A Life Sentence of Loss, Pain, and Injustice. Maureen's husband was shot between the eyes on a cold December night in 1981. Mumia Abu-Jamal was unanimously convicted of the crime by a racially mixed jury based on: the testimony of several eyewitnesses, his ownership of the murder weapon, matching ballistics, and Abu-Jamal's own confession.
After his conviction, however, a national anti-death penalty movement was started to "Free Mumia;" Mike Farrell, Ed Asner, Whoopi Goldberg, and Jesse Jackson rallied on his behalf, and led the charge. For his part, while on death row, Abu-Jamal published several books, delivered radio commentaries, was a college commencement speaker, found himself named an Honorary Citizen of France, and had his defense coffers enhanced by ticket sales from a sold out (16,000-person) concert featuring Rage Against the Machine. Now, with this interview Maureen carefully and definitively lays out the case against Abu-Jamal, and those who've elevated him to the status of political prisoner. As Abu-Jamal's lawyers contemplate their final appeal, Faulkner weaves a compelling, never-before-told account of one fateful night and the 25-year-long rewriting of history. She offers a vivid story that demands our attention and the pursuit of justice for her late husband.
You can learn more about Maureen Faulkner at www.murderedbymumia.com
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Louis Rafti of the Legal Aid Foundation of Los Angeles is featured in an exciting, exclusive, in-depth and inside interview, discussing
Headline Legal News Series. Louis Rafti is known in certain legal circles of L.A. as a tireless advocate for the poor and disabled. What's less known is that up until six years ago, Rafti was a homeless cocaine addict. He contracted HIV from dirty needles. He lived in skid row shelters. He was, in short, a lost soul. Actually, Rafti said he was just another suburban kid from the San Fernando Valley who "liked to party." When Rafti graduated from Southwestern University School of Law School in 2004, the state bar told him it was concerned about his moral character. He responded with an impassioned letter. "About the time I became too old for comic books I discovered drugs and alcohol," he wrote in an essay arguing for admission to the State Bar of California despite his guilty plea in a misdemeanor drug case in 1998. "My life illustrates both the despair caused by addiction, but the possibilities of redemption as well," he wrote. "As part of my commitment to sobriety, I have chosen to dedicate the rest of my days to helping those who face some of the same situations." He was admitted to the state bar in June 2006.
Since that time, Louis has been a literal savior for people who need legal assistance. His philosophy is that public interest lawyers should help as many people as they can. As he put it: "You see a person who is drowning, are you going to not throw them a life preserver because you're late to dinner?" His passion for his job has only grown with time.
You can contact Louis at (800)-399-4529, or www.lafla.org
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John E. Tiedt of The Law Office of Tied & Hurd is featured in an exciting, exclusive, in-depth and inside interview, discussing
Headline Legal News: Kimkins Diet Scandal. John discusses the case with co-counsel Michael Lee Cohen, a graduate of Harvard Law School and former member of the Harvard Law Review; Tom Peterson, President of the California Health Fraud Task Force; Dr. Americo A. Simonini, staff cardiologist with Cedars-Sinai Medical Center; and Heidi Martinez, an alleged victim of the KimKins diet scandal and a member of the class action lawsuit in this matter. The lawsuit alleges, among other things, that (1) Heidi Diaz, Founder of the Kimkins Diet, falsely claimed to have lost 198 pounds in one year, but in fact remains morbidly obese, (2) members' lifetime memberships were unjustly terminated, and (3) Ms. Diaz made claims of the diet's medical safely without justification.
John is a dedicated consumer advocate who has been credited with driving dangerous dietary supplements from the market, such as Ephedra. His recent verdicts and settlements have been praised as consumer victories and he continues to receive referrals directly from law firms around the country. He has also been frequently interviewed and consulted by the media regarding his cases. John is currently a member of the American Trial Lawyers Association, Riverside County Bar Association, and California Health Fraud Task Force. He has additionally served as counsel for the American Cancer Society.
The Law Offices of Tiedt & Hurd is located in Riverside, California, but handles cases all around the country by associating with some of the best law firms in the country in particular fields of law. The firm's practice is focused on personal injury and business litigation.
You can contact John at 951-343-3320, www.tiedtlawoffice.com
and Mike Cohen at 213-943-6800 or email michaellcohen@cohen-law.org |
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The Law Offices of Allred, Maroko & Goldberg and the Law Offices of Davis & Gavsie, PLC. are featured in an exciting, exclusive, in-depth and inside interview, discussing "sexual harassment in the workplace."
Nathan Goldberg and Roxanne Davis, both of whom represent Mr. Stevens, discuss his case against Vons supermarkets. Joining them is Mike Lief, who served as the jury foreman in the trial James brought against Vons. James was employed by Vons for 26 years as an Inventory Control Clerk. After complaining to management about ongoing sexual harassment by a female supervisor, he was transferred to a less desirable store. Mr. Stevens filed a complaint with the California Department of Fair Employment and Housing (DFEH). Vons allegedly lied to the DFEH, and the DFEH closed its file. The company then allegedly falsely accused Mr. Stevens of donating water and soda to a church that fed the homeless and fired him. On October 27, 2006, after a 6-week trial, the jury in Simi Valley awarded Mr. Stevens $1.67 million in compensatory damages and over $16 million in punitive damages. The case has been appealed by Vons.
Roxanne A. Davis has been practicing in Los Angeles, California, specializing in labor and employment law, for over 17 years. She obtained her B.A. from New York University with honors. She received her J.D. from the University of Southern California Law Center and M.A. in International Relations from the University of Southern California. Roxanne is admitted to practice law in state and federal California courts. She spent 5 years of her career working as an attorney with one of the largest labor and employment law firms in the country representing management, Jackson, Lewis, Schnitzler & Krupman. Over 13 years ago, she established her own practice in which she represents individuals and employers, in matters involving wrongful termination, discrimination and sexual harassment, among other issues. The varied demands of her practice include litigating claims of wrongful discharge, unlawful harassment, discrimination, wage and hour issues, mediation, negotiating employment contracts and separation agreements and more.
Nathan Goldberg, a partner at Allred, Maroko & Goldberg, graduated summa cum laude from Loyola Law School in 1974. He has been named one of the top 100 Southern California "SuperLawyers" by Law & Politics and Los Angeles Magazine every year since 2004. In addition, he has been recognized by LawDragon magazine as one of the 500 leading plaintiff's lawyers in America. Nathan has a broad range of trial experience in state and federal court. Nathan was also lead trial counsel in both the case of Adams v. Los Angeles Unified School District (2002) and the case of Salama v. King Drew Medical Center (2000). Each of these trials resulted in a jury award well in excess of $4 million.
You can contact JRoxanne Davis (www.davisgavsie.com) at 310-282-9490, or email Roxanne@davisgavsie.com
and Nathan Goldberg at 323-653-6530, www.amglaw.com |
William A. Cohan
Attorney
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The Law Office of William A. Cohan is featured in an exciting, exclusive, in-depth and inside interview, discussing the case of Robert Kahre. Informally called the Kahre case - after the primary defendant, business owner Robert Kahre, who paid workers in gold and silver coins - the trial relied heavily on evidence gathered in a controversial armed raid in May 2003 on several of Kahre's local business places. The raid entailed keeping more than 20 workers handcuffed, in 106-degree heat without shade or water while agents collected records and equipment, which Kahre described in this interview with great detail. The trial resulted in zero convictions on 161 charges faced by nine defendants, a major win for William Cohan and Robert Kahre.
William A. Cohan has litigated in federal trial and appeals courts throughout the United States for the last 30 years. He has obtained more acquittals in criminal tax cases than any attorney practicing in the United States over the last 30 years (including 2 cases involving more than $10 million), secured several multi-million dollar verdicts and settlements for plaintiffs, and successfully defended against several multi-million dollar civil claims and forfeitures. The other twenty-five percent of his cases involve business disputes between individuals and non-governmental entities: he defends individuals, corporations, trusts, LLP's, LLC's, and partnerships in controversies concerning real estate, securities, business acquisitions, employment, banking and insurance. One essential element in William's success over the last 30 years is and always has been investigating and discovering the larger context of a case.
You can contact William A. Cohan at 858-832-1632 www.williamacohan.com
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Chris Rutherford
Organizer
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The Founders of Save Our Taco Trucks are featured in an exciting, exclusive, in-depth and inside interview with famed TV host Steve Murphy, discussing
Headline Legal News: LA's Taco Turf Wars. Aaron Sonderleiter, Chris Rutherford and Erin Glenn, organizers with Save Our Taco Trucks (www.saveourtacotrucks.org), and Antonio and Ruby Luna, taco truck vendors, talk about new restrictions by the L.A. Board of Supervisors that could effectively eliminate taco trucks from our streets.
Under the proposed new rules, taco trucks will have to change location every hour, or face a misdemeanor charge carrying a $1,000 fine and/or jail. Though this ordinance currently affects just unincorporated parts of L.A., it covers 65% of the County. Most citizens want to save the city's taco trucks, because these local icons are a special facet of Los Angeles and a cultural tradition many people enjoy.
You can learn more about Save Our Taco Trucks by visiting www.saveourtacotrucks.org
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Genie Harrison
Attorney
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Genie Harrison of Litt Estuar Harrison & Kitson LLP is featured in an exciting, exclusive, in-depth and inside interview, discussing
Headline Civil Rights News: Jarrod Tomassi and the Los Angeles Fire Department. Genie and Jarrod Tomassi, a former rookie with the Los Angeles Fire Department (LAFD), allege that the LAFD has a practice of requiring or allowing rookies to 1) arrive between 5:00 and 5:30 a.m. for a 6:30 a.m. to 6:30 a.m. shift, 2) stay over after 6:30 a.m. the next day, and 3) come in on their days off to work, including studying, drilling and training. However, the LAFD does not pay its rookies for the extra hours they work. The extra hours worked by rookies are allegedly overtime hours and allegedly should be paid at the rate of time-and-a-half. Federal law forbids the Fire Department from characterizing these extra work hours as volunteer time.
Genie Harrison is a superb trial attorney and handles all types of cases from single plaintiff matters to class actions. She was nominated for the California Consumer Trial Attorney of the Year Award and regularly speaks at seminars regarding employment law. Genie holds a law degree from Santa Clara University School of Law. You can contact Genie at 213-386-3114 or email gharrison@littlaw.com.
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Dennis Hathaway
www.billboardblight.org
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Architects Ted Wu and Alejandro Ortiz and social activist Dennis Hathaway are featured in an exciting, exclusive, in-depth and inside interview with famed TV host Steve Murphy, discussing
Headline Legal News: LA's Billboards Gone Wild.
Ted, Alejandro and Dennis talk about how, in 2002, the L.A. City Council voted to ban new billboards and implement an inventory and inspection program to find and remove those that were put up illegally. By all informed estimates, there are more billboards and other forms of off-site advertising signs now than there were six years ago. And because the inventory and inspection program still hasn't been implemented, billboards either erected or modified illegally (as many as one-third of the 11,000 or so in the city), according to a building department estimate, continue to generate profits for outdoor advertising companies. Digital billboards, which have been the subject of numerous complaints due to their brightness that spills into residential neighborhoods and their constantly changing images that can distract drivers, have also been challenged on environmental grounds because they consume far more energy than conventional billboards.
Led by Ted Wu, the Coalition to Ban Billboard Blight (CBBB), a recently incorporated non-profit organization, an appeal has been made to a city-planning department citing the need for an environmental impact review to stop this problem and the broader challenge of billboard blight. You can learn more about this effort and the Coalition to Ban Bill Board Blight at www.billboardblight.org
or email cbbbla@verizon.net
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