Maryland Injury Lawyers Blog

The fishermen of Louisiana are at great risk because of the BP Oil Spill in the Gulf of Mexico. This is, without a doubt, the greatest environmental tragedy of our lifetime. I've spent the better part of the last two weeks on the Gulf Coast shores of Louisiana and have had the good fortune to meet with dozens of fishermen, oystermen and small business owners along with Dan Robin, Esquire and John Finkbeiner, Esquire. I can only tell you that the fishermen, oystermen, shrimpers and small businesses in Southern Louisiana need our thoughts and prayers. We are committed to fight for them, and to hold BP (and Transocean, Cameron, and Haliburton) responsible for their crimes against nature.

Take St. Bernard Parish and Shell Beach for example. These good people were WIPED OUT by Hurricaine Katrina in 2005. They really just got their homes and boats rebuilt in the last year or two, and they were counting on this fishing season to pay off debt, and get their lives back on track. Many small businesses in the area had to take out loans after Katrina in order to meet their monthly obligations and they are still paying off these loans. I can only tell you that everyone in these communities are having a great sense of anxiety over what the future holds. Many of the commercial fishermen, oystermen, deckhands and shrimpers dropped out of high school or even middle school to become fishermen. These are very smart people. They just made a choice early in life that they wanted to be fishermen. Last week one fisherman said to me something that I will never forget. He said, "With Katrina I knew we were screwed but I also knew my family would never starve because I'm a fisherman. I would always be able to feed my family and put food on my table. This is different. For the first time, I feel totally vulnerable."

These are good hardworking people whose lives, well-being and livelihood have been put in great jeopardy again because of the gross negligence and criminal conduct of BP. Two weeks ago 60 Minutes aired an interview with Mike Williams who is one of the survivors of the oil rig explosion in the Gulf of Mexico. He confirmed what many suspected. The explosion occurred because BP put corporate profits over human safety. In order to understand the extent of BP's culpability a bit of background information is needed. It was taking BP too long to drill the oil well, and they decided to cut corners and ordered the people on the rig to drill faster. Apparently the drilling operation was supposed to take 21 days but it took six weeks and to speed things up and make more money a BP Manager on the oil rig ordered the crew to drill faster. Drilling faster backfired and caused the bottom of the well to split open. Once this happened, that well was abandoned and BP drilled a new hole. BP apparently lost millions of dollars as a result of this mishap on the Deep Water Horizon Oil Rig which occurred several weeks before 4/20/10 explosion. This is just one of several safety mishaps that occurred in the days and weeks leading up to the Deep Water Horizon explosion. This is important background information to understand the extent of BP's culpability here. This explosion and environmental disaster occurred because BP put profits over safety. For those of you who have not seen the 60 minutes interview with Mike Williams--please watch it. It is infuriating and fascinating at the same time. Click here to see it: http://www.mediaite.com/tv/60-minutes-airs-riveting-interview-with-deepwater-horizon-survivor/

Some of the fishermen in Shell Beach, Venice and other areas have been working for BP helping to remove the oil. Unfortunately, some of the workers are getting sick and it is possible that they are being exposed to Benzene and other harmful and toxic chemicals. These fishermen are in a catch 22. Either they work and jeopardize their health, or choose not to work and lose out on the income that can feed their families.

Oh---and about the "compensation" that BP is paying out. BP is paying certain commercial fishermen only $5,000.00 for their lost income. While this is a good start, I really do not think BP's motives are sincere. I believe that its all about PR (public relations) to BP, and they have made a calculated decision that by making these payments people will delay in hiring an attorney, and the statute of limitations will run on many peoples claims. These payments, BP hopes, will make BP look like good corporate citizens and will keep the fishermen quiet. I am very concerned that these payments are luring the fishermen and small business owners in Louisiana into a false sense of security and causing people not to feel that they need to hire a lawyer. In fact, time is of the essence here. In Louisiana, there is a 1 year statute of limitations for certain common law claims and every week that goes by without a lawyer, is time ticking away on the statute of limitations clock. I would encourage anyone with significant financial losses to meet with a lawyer to discuss options. BP is gambling that by paying out a small amount of money now, people will be lulled into a false sense of security and will not hire an attorney. Do not trust BP. Their motives are not sincere. Did you hear that they may have bussed in workers to make it look like there were more than there actually were when President Obama was there?

By the way---if you are ever in Chalmette Louisiana you just have to eat at Rocky & Carlos which is located on St. Bernard Highway. The BEST baked macaroni & cheese I have ever had in my life!

Kevin Goldberg
888-213-8140
www.gfmjustice.com

My one-year term as President of the Maryland Association for Justice ended last night at our Annual Presidents Dinner in Baltimore, MD. The event was held at the Hilton which overlooks Camden Yards. Robert Zarbin is now the President of MAJ. Mr. Zarbin is going to be an incredible leader, and he he has done a fantastic job as Legislative Chairman this year.

I am proud of our accomplishments this year. Our legislative team had an amazing year and we passed 3 new laws that will help our clients who are injured in Maryland car accidents. One of the new laws increases the minimum limits of liability insurance from $20,000.00/$40,000.00 to $30,000.00/$60,000.00. This is the first time these minimal limits have been increased since 1972. I am also very proud of the strides Maryland Association for Justice made in the area of Membership. We gained over 210 new members in the last year. MAJ has an incredible staff (our Executive Director David Walls is top notch), an energized Board of Governors, and an engaged membership.

Last night was a great event. There were many notables there including Governor O'Malley, Maryland Senate President Mike Miller, the Chief Judge of the Maryland Court of Special Appeals, Judge Harrell from the Court of Appeals and many other Judges, State Delegates, U.S. Rep. Frank Kratovil from the Eastern Shore, MD and several State Senators including Senator Garragiola from Montgomery County and Delegate Joe Vallario (Chair of House Judiciary Committee). One of the highlights for me was hearing U.S. Congressman Bruce Braley speak about the civil justice system. Bruce Braley is a trial lawyer from Iowa who was elected to U.S. Congress a couple of years ago. He is at the forefront of holding big corporations like BP (British Petroleum), Toyota, and the U.S. Chamber of Commerce accountable and honest in their presentations to Congress. Last night several videos were played of Congressman Braley cross examining witnesses in committee hearings in order to get the truth out to the American People. We are lucky to have a trial lawyer like him there.

Baltimore trial lawyer Henry Dugan, George Tolley and Bruce Babij won the trial lawyer of the year award. Henry Dugan gave a very moving a philosphical speech about the importance of the civil justice system, and in particular, the subpoena. He won the award for the Mcquitty case in which his firm obtained a $13 Million dollar verdict in a case that had been rejected by 4 other law firms before coming to his firm. The case went to the Maryland Court of Appeals, and it made new law in Maryland regarding informed consent and essentially held that a patient must receive information about the risks and treatment options before undergoing medical treatment. As a result of this case, medical doctors in Maryland are now being trained to give more information to patients about treatment options than they were previously.

As I leave office, I feel very lucky to have had the privilege of serving as the MAJ President. Our Association does amazing things for the community and for our injured clients. As I am now getting involved in representing businesses and individuals harmed by the BP Oil Spill, and seeing what they are going through as a result of the gross negligence of BP, Transocean and Haliburton, I feel stronger than ever that open access to the civil justice system is absolutely necessary in a democratic and capitalistic society.

Highlights Included Passage of Three Pieces of Landmark Legislation, Expansion of Public Service Projects And Increase in Association Membership

Montgomery County, Maryland (May 19, 2010) -Kevin I. Goldberg, a founding partner at Silver Spring-based Goldberg, Finnegan & Mester, LLC, has concluded his presidency of the Maryland Association for Justice. Goldberg's year-long term was highlighted by the passing of landmark legislation, the continued expansion of public safety projects to help and protect Maryland residents, and growth in the Association's membership by about 10 percent.

Goldberg credits the full membership of the association for their achievements during his time in office. "It was a year of milestones and successes as we were able to bring many important consumer advocacy issues to the forefront of our state legislature, and pass multiple bills to address outdated legislation as a result" said Goldberg. "I am fortunate that I was awarded the opportunity to work with a team of legal professionals who are dogged in supporting the Association's overall mission of keeping Maryland families safe."

During Goldberg's tenure, the Maryland Association for Justice's legislative committee spearheaded the passing of three pieces of landmark legislation to help Maryland consumers. The first was legislation that increased the minimum amount of bodily harm liability coverage in an automobile insurance policy from $20,000 to $30,000 for an individual injury and from $40,000.00to $60,000 for accidents resulting in multiple injuries. This minimum had not been increased since 1972, while the cost of medical care resulting from automobile crash injuries has dramatically increased over the past three decades. The second piece of legislation passed makes it clear that health insurance companies must pay for health care provided as a result of car accidents, and they cannot reduce health insurance benefits for personal injury protection benefits. The third piece of legislation, seeking to change the Maryland Constitution, added a question to the upcoming November ballot to increase the threshold for a jury trial from $10,000 to $15,000. This legislation provides accident victims with a more timely court case and preserves judicial resources by hearing smaller cases in District Court, which are tried by a judge without a jury.

Under Goldberg's leadership, the Association continued to play an active role in numerous public service projects including the purchase and distribution of bike helmets to children, providing smoke and carbon monoxide detectors to low income neighborhoods in conjunction with the Baltimore City Fire Department and distributing educational supplies to disadvantaged schools. Goldberg explained that "Maryland trial lawyers see community service as an extension of what we do in the Courtroom everyday. Whether in the courtroom, in the state legislature, or in the community, I can tell you that members of the Maryland Association for Justice are 100 percent committed to protecting Maryland citizens and preserving their access to the civil justice system."

Upon completion of his presidency, Goldberg is parlaying his expertise outside of Maryland to represent small businesses and fishermen in Louisiana who have been impacted by the catastrophic BP Gulf Oil Spill.

About Goldberg, Finnegan & Mester, LLC:

Goldberg, Finnegan & Mester, LLC handles medical malpractice and catastrophic injury cases throughout Maryland, Washington, D.C. and Virginia. All three name partners (Kevin Goldberg, Kevin Finnegan and Christian Mester) were selected by their peers for inclusion in Maryland Super Lawyers and Washington, D.C. Super Lawyers in 2009 and 2010. For additional information, visit www.gfmjustice.com.

About the Maryland Association for Justice:

Founded in 1954, The Maryland Association for Justice is dedicated to keeping families safe. The Association helps individuals harmed by the unsafe behavior of others obtain meaningful redress through the civil justice system. The Association zealously guards the right to trial by jury, vigorously advocates on behalf of consumers' legal rights, seeks to advance excellence in trial advocacy through continuing legal education and member services, and is committed to the highest standards of ethical conduct and integrity. For additional information, visit www.marylandassociationforjustice.com.

Our thoughts and prayers continue to be with those impacted by the BP Oil Spill. This blog entry is about what I observed in Shell Beach as I drove through this community. But before I get to that, I want to provide some information about the claim process and on where things stand with the BP Oil Spill. BP has set up a claims hotline for those impacted by the spill. To make a claim, you need to call 1-800-440-0858. There is also a St. Bernard Parish deepwater claims center in operation from 8 am to 8 pm. However, if you have not first called the 800 number to get a BP Claim Number, you will not be able to meet with an adjuster at the claims center. To make a claim you will need your fishing license, registration, ID Cards, your social security number, monthly profit/loss statements, and trip tickets for July through April.

St. Bernard Parish President Craig Taffaro is calling for vendors of hard and soft boom to email proposals to him at ctaffaro@sbpg.net asap. There are reports that the oil has affected birds where it has reached the Chandeleur Islands and there are reports of oil on Freemason Island. There have been 5 oil burns by BP in the last 24 hours. 7200 gallons of dispersant were applied yesterday. 17,500 barrels of water/oil mix were also applied. St Bernard continues with its booming efforts. 1976 feet of softboom and 12,400 feet of hard boom were deployed Sunday. The US Coast Guard has confirmed that oil sheen has reached the Chandeleur Island.

The BP Oil Spill is already having a huge negative impact on the good people who live in, and work out of Shell Beach which is in St. Bernard Parish in Louisiana. This is a small fishing community about an hour from New Orleans, and very close to Chalmette. The people who live there are amongst the best fishermen in the world--everything they do revolves around fish, oyster and shrimp. The fishing essentially identifies many of these people in terms of what they live for. It is their passion. It is their hobby. It is the center of their social life. They live, breath and will die fishing. Many commercial fishermen have their wives and family members working with them as "deck hands" and/or cleaning the fish that are caught. These Louisiana Commercial Fishermen go out and fish for oyster, shrimp and other fish in the Gulf of Mexico. The BP Oil Leak has invaded their turf, and as we speak, oil continues to kill the fish, oyster and shrimp that are their livelihood. This is the fishing season when they essentially make their money for the entire year. I had the opportunity to meet with several commercial fishermen and deckhands. What I learned is that the people are basically in a state of shock. They do not know what the future holds and this is causing them to feel a lot of anxiety. Two gentleman who I met, Brad Assevedo and Leo Lauricella gave me a great deal of insight as to just how this disaster has wreaked havoc on their everyday life and the everyday life of their friends and family. Brad Assevedo is 26 years old and has basically fished/packed seafood every day of his life. Although he did not graduate from High School, he is bright, articulate and intelligent. He became a fisherman because that is what everyone in has family has done for several generations. He explained to me the fishing geography as it exists around the Louisiana Coast, and how the oyster leases and oyster beds are impacted by the oil spill. Brad and Leo are scared and uneasy about what the future holds for them and their family. They want to fish. I met with other individuals including a gentleman named Donnie Smith. Donnie is married, has two kids and also helps take care of his brother who lost an arm in a fishing accident. Donnie is very angry about the situation. He said "I am a fisherman. I suppose I could go get another job, but I don't want to. I want to fish." Donnie is angry and feels that he was mistreated by BP and the Parish. I will never forget the look of urgency and desperation in Donnie's eyes as he told me "I just want my life back. I'm going to see a psychiatrist but I swear I am not nuts."

There seems to be deep concern in the community about how the jobs that are available through BP and the Parish are being handed out. Basically, the feeling is that you have to know someone and/or be politically connected to get hired. Apparently the pay checks are coming from the Parish and not directly from BP. Basically the parish seems to be in control of who gets the work and who does not. To get the work, you need to take a course offered by BP. BP is not letting everyone take the class. To get the work and to run a boat, you also need to be able to prove that you are a parish resident. This is creating complications and resentment for many who lived in St. Bernard Parish, but then moved after Katrina to Alabama or Texas, then came back to Shell Beach recently. These individuals have out of state drivers licenses that do not indicate their St. Bernard Parish residency. Therefore, they are out of luck and cannot get work for BP.

From what I observed, the people of St. Bernard Parish and Shell Beach are extremely concerned about what the future holds for them. Everyone wants to do what they can to save their livelihood and get the cleanup on track. There was a general sense of sadness, desperation and anger. Again our thoughts and prayers are with the people of Shell Beach as they continue with this struggle. We are proud to be representing those individuals and businesses impacted by this disaster with Dan Robin and John Finckbeiner, and are going to fight hard to be sure that BP pays full compensation to those it has hurt.

Louisiana is perhaps my favorite place in the whole world. I went to Tulane University in New Orleans for college and have visited Louisiana almost annually since then. I have many friends there including one of the best trial lawyers I know---Dan Robin. After college, I came back to Washington, D.C. for law school and now am the President of the Maryland Association for Justice. I've been to New Orleans a few times since Hurricane Katrina and have participated in the Habitat for Humanity Projects to rebuild just outside of the City of New Orleans, LA. We need to use the civil justice system to make sure that those damaged by this BP oil spill are made whole, and more importantly, to be sure that this never, ever happens again.

I am angry at BP, angry at the oil industry, and feel let down by the Federal Government for allowing this disaster to occur. It will have a permanent impact on the fishing industry, tourism industry, and many other people who enjoy the serenity of the GUlf Coast and the recreational activities it has to offer. I want to help those who are impacted by this disaster in any way I can. What concerns me is that BP now seems to have no clue what their next steps will be. In fact, this morning on the news I heard they are considering shoving golf balls, and used tires in the oil well to stop the leak. You have got to be kidding me! While I have mixed feelings about the merits of drilling for oil in the USA, I know one thing for sure: If you are going to drill in deep water, you darn well better have a plan for what to do if something goes wrong and there is a leak. The fact that BP, with all of its money and engineers, is now clueless as to how to clean up this mess, is a travesty of justice. Where was our Government? Where was MMS?

I am proud to be working with two Louisiana natives, attorney Dan Robin and attorney John Finckbeiner. We are going to fight hard to protect the rights of those who have had their livelihood's destroyed by the BP Oil Spill, and we are also going to fight to make sure that BP and the other defendants are held accountable for destroying the fragile marine environment in and along the Gulf Coast.

Our thoughts and prayers continue to be with the fishermen and other small businesses who operate along the Louisiana Gulf Coast. BP's effort to quickly solve the leak by placing a containment tower over the oil leak ended yesterday when crystalized gas (gas hydrates) blocked the pipes in the oil containment tower. There are already reports of tar balls washing up on shore off of Alabama. Doug Suttles, A BP Corporate Executive, said "I wouldn't say its failed yet. What I would say is what we attempted to do last night didn't work because these hydrates plugged up the top of the dome." In other words, he admitted that the dome approach is not working. Other possible solutions to the Gulf Oil Spill Disaster include heating the area or adding methanol to break up the hydrates.

Meanwhile, Louisiana shrimpers and fishermen continue to be unable to work. Oyster processing plants are shutting down. This has an impact not only on these people and their families, but also on the seafood industry throughout the United States of America. It will also have an impact on tourism generally in New Orleans. As if our bad economy didn't make things tough enough---now oyster processing plants are shutting down and even more Louisiana people are going to lose their jobs. For example, Wayne Eldridge, owner of J&W Marine Enterprises (an oyster plant operator) said "I'm screwed. The biggest thing is Ive got 35 people unemployed there."

Meanwhile, oil continues to gush into the Gulf of Mexico at 5,000 barrels per day which equates to 210,000 gallones a day. To date, the only contact with the coast has been in the Chandeleur islands in Louisiana where the US Coast Guard and National Guard are laying a protective ring of booms. There is no end to this oil disaster in site. The impact on the Louisiana Wetlands and the environment is terrifying.

If your small business, family, shrimp business, or oyster business in Louisiana, Alabama, Florida, Mississippi, North Carolina or Maryland has been impacted by the British Petroleum BP Oil Spill Disaster then you should consider consulting with an attorney about what your options are. Most lawyers will give a free telephone consultation, and would handle the case on a contingent fee which means that if there is no recovery, there would be no attorney fees at all. Call 888-213-8140 for more information.

The Washington Post reports that Pastor Tommy Shelton has been accused of sexually abusing several young teens in Fairfax, VA when he was the pastor at Community Church of God at 2500 Gallows Road in Dunn Loring from 1995-2000. Two men apparently came forward in 2008. Pastor Shelton was arrested in March and charged with two counts of aggravated sexual battery with a minor and sodomy. On Thursday there was a preliminary hearing in Fairfax County Virginia and the charges against pastor Shelton were reduced. Judge Kimberly Daniel found probable cause for one count of carnal knowledge and one count of aggravated sexual battery . Pastor Tommy Shelton is now free on $80,000 bond and the Judge required that he stay in Virginia. The Washington Post also reports that Shelton was previously accused of molesting boys at a church in the 1980's in Illinois. He was not criminally in Ill. because of the statute of limitations. In Virginia, apparently there is no statute of limitations for such sexual crimes. Individuals who are sexually abused by a pastor, teacher, priest or anyone else in an authoritative position should consider consulting with an attorney. The civil justice system may allow such individuals to bring a lawsuit against such individuals for assault, batter, negligence and other legal causes of action relating to sexual abuse. Furthermore, the entity that hires an individual who abuses his or her position of authority can be held legally accountable for negligent hiring. Thus a lawsuit can possibly be brought against the church or school rather than just against the individual. If you are the victim of sexual abuse, please consider calling 888-213-8140 and speaking to an attorney for a confidential, free consultation about what your options are.

The Washington Post reports that Pastor Tommy Shelton has been accused of sexually abusing several young teens in Fairfax, VA when he was the pastor at Community Church of God at 2500 Gallows Road in Dunn Loring from 1995-2000. Two men apparently came forward in 2008. Pastor Shelton was arrested in March and charged with two counts of aggravated sexual battery with a minor and sodomy. On Thursday there was a preliminary hearing in Fairfax County Virginia and the charges against pastor Shelton were reduced. Judge Kimberly Daniel found probable cause for one count of carnal knowledge and one count of aggravated sexual battery . Pastor Tommy Shelton is now free on $80,000 bond and the Judge required that he stay in Virginia. The Washington Post also reports that Shelton was previously accused of molesting boys at a church in the 1980's in Illinois. He was not criminally in Ill. because of the statute of limitations. In Virginia, apparently there is no statute of limitations for such sexual crimes. Individuals who are sexually abused by a pastor, teacher, priest or anyone else in an authoritative position should consider consulting with an attorney. The civil justice system may allow such individuals to bring a lawsuit against such individuals for assault, batter, negligence and other legal causes of action relating to sexual abuse. Furthermore, the entity that hires an individual who abuses his or her position of authority can be held legally accountable for negligent hiring. Thus a lawsuit can possibly be brought against the church or school rather than just against the individual. If you are the victim of sexual abuse, please consider calling 888-213-8140 and speaking to an attorney for a confidential, free consultation about what your options are.

On Saturday the Food and Drug Administration announced that children's Tylenol, Motrin, Zyrtec and Benadryl (a total of 43 liquid products) have been voluntarily recalled by McNeil Healthcare, and advise consumers that these products should not be given to children.

If you have these products in your house you should throw them away.

I know that in my family, we have relied on Children's Tylenol to help our kids sleep when they have a fever and have been sick, and this recall comes as a huge surprise! Those responsible for the safety of these products are not providing very much information about the reason for the recall. They simply are saying vague things like: "some of these products may not meet required quality standards" I suspect that there are children who have been injured as a result of taking these recalled products, but that this information is not being disclosed at this time. Walgreens has apparently already pulled all of the dangerous drugs that were recently recalled from their shelves. If your child is sick you can consider giving your child generic medications (Tylenol's generic is acetaminophen) but be sure to give the child dose of the generic drug and not the adult dose. Also, you should not give your child adult medications . Of course if you have recently given your child any of these recalled products and notice adverse effects, you should call your doctor or 911 right away.

For more information about the recall you can visit the following websites:

• FDA Recall Information
• McNeil Product Recall Information

If you are concerned that you or a loved one have been harmed by a dangerous drug or medical device, call us at 888-213-8140 or visit our website.

Louisiana just can't catch a break. Our thoughts and prayers go out to the fisherman, their families, and those who live on and near the coastlines that are immediately impacted by this BP Oil Spill disaster. As the hours and days tick by, it is becoming more and more apparent that communities like Venice, Louisiana and Port Fourchon will be the first places to be hit by the oil slick. But this disaster is going to have a huge impact on small businesses and individuals throughout the United States. For these fishing/tourist communities, this is going to devastate their way of life. After the April 20, 2010 Deepwater Horizon rig exploded BP attempted to allay concerns (and probably slowed response times) by downplaying the extent of the leak. It was first reported that 1,000 gallons per day were leaking. Later, it was acknowledged that it may be as much as 5,000 barrels per day.

A class action lawsuit has already been filed (4/30/10). To see the Complaint, click here http://www.levinlaw.com/PDFs/04.30.10-BP-Oil-Spill-Class-Action-Complaint.pdf. The lawsuit was filed in the U.S. District Court for Florida on behalf of several individuals and small businesses. The defendants include Transocean Ltd (owners of the rig Deepwater Horizon), BP, Halliburtin, Inc. and several foreign corporations involved in offshore deepwater drilling. This class action was brought on behalf of Florida citizens who live work or derive income from the Fla. Coastal zone.

But individuals and small businesses impacted by this disaster should consider consulting with their own lawyers to be sure that they receive full compensation from this disaster rather than being lumped together in a class action lawsuit. Most lawyers who handle these environmental cases will give a free telephone consulation and would typically handle an environmental disaster case like this on a contingent fee basis (meaning no attorney fee charged if there is no recovery). Call us at 888-213-8140 for a free consultation Appropriate causes of action that environmental lawyers will be considering and including in their BP Oil Spill lawsuit include negligence, Strict Liability for Abnormally Dangerous Activity, Strict liability for manufacturing defect, and other product liability causes of action. If you or your family members have been impacted by the BP Oil Spill in the Gulf of Mexico call us at 888-213-8140 for a free telephone consultation.

The civil justice system is going to play a crucial role in getting these communities back on track with their way of life. This disaster is very different than a hurricaine. This is a man made disaster caused by an incredibly profitable private corporation that obviously did not focus enough time and attention on safety. People need to remember that tort reform and other laws that protect big corporations from accountability can lead to decreased safety and environmental disasters such as this one. Those impacted by BP's negligence include fisherman, property owners, business owners, tourists, hunters and others. The damage is widespread and the impact is huge and devastating. British Petroleum and the other responsible parties need to be held accountable for this disaster. Those who are impacted directly by the disaster should contact a environmental lawyer to help fight against BP Oil, and should consider filing a private lawsuit (as opposed to just being a part of a class action lawsuit). Environmental law is complex and individuals and small businesses need to remember that literally billions of dollars have been spent by the oil and energy industry to protect their profits and reduce their accountability. For more information contact us at 888-213-8140

Kevin Goldberg

Goldberg, Finnegan & Mester, LLC

President, Maryland Association for Justice

       On April 7, 2010, a jury awarded $89 million in an airplane crash case. The 1999 airplane crash accident left four people dead and one seriously injured. While injuries and death from flying are undoubtedly less common than those from driving an automobile, airplane crashes are not an infrequent occurrence. In March 2010 alone, more than 100 airplane accidents were reported to the National Transportation Safety Board. Such accidents may result from, among other things, a defective airplane, pilot error, or third-party negligence. The many different causes of airplane accidents require an attorney that is experienced in deciphering between the applicable law, what causes of action may apply, and which individuals or entities may be at fault. The attorney who received this astounding airplane crash verdict is Arthur Wolk.

       For instance, the plaintiffs' attorney in the above referenced case was presented with the daunting task of overcoming the General Aviation Revitalization Act (GARA), which contains an 18 year repose statute prohibiting suit against airplane manufacturers more than 18 years from the date that the original product was first purchased or leased. Twice, the Pennsylvania Supreme Court rejected the defendant's argument that the plaintiffs' case was barred by GARA. The court found that a fraud exception to GARA permitted the plaintiffs to maintain their suit against the manufacturer of the 1968 six-seat Piper Cherokee airplane. The plaintiff's attorney successfully argued that a faulty carburetor caused the airplane to crash shortly after takeoff. This argument coupled with proof that the airplane manufacturer defrauded the Federal Aviation Administration relating to airworthiness certificate procedures involving the carburetor resulted in a jury award of $25 million in compensatory and $64 million in punitive damages.

       If you or a love one are involved in an airplane crash in Maryland, Washington, D.C. or Virginia and suffer injuries or wrongful death, you need an experienced attorney who can diligently advocate for your rights and hold responsible those at fault for your injuries. Our lawyers work with groups and other lawyers throughout the United States on airplane cases, and we have the knowledge and resources to get justice for you and your family if you have been involved in an airplane crash. Time is of the essence in preserving a cause of action and crucial evidence related to the airplane accident. For more information about hiring a airplane crash attorney, contact Goldberg, Finnegan & Mester toll free at 888-213-8140. You can also visit our website at www.gfmlawllc.com. Our lawyers will fight to protect your rights.

Candace Canka, Goldberg, Finnegan & Mester, LLC 888-213-8140

Motorcycle accidents have been on the rise for the past several years. But in 2009 the number of people killed in motorcycle crashes went down significantly according to a report by the Governors Highway Safety Association. Fatal motorcycle crashes decreased by about 16 %. Fatal Motorcycle accidents in Maryland decreased 26% Motorcycle crashes in Washington, D.C. decreased 38%. Motorcycle accidents in Virginia decreased by 13%. The authors of this report about motorcycle deaths caution that there is no clear reason for the decline, and it could just be a blip on the radar. In the ten years ending in 2007 the number of motorcycle fatalities rose from 2,116 to 5154 and the number of injuries per year doubled to about 107,000. If you or a loved one are involved in a motorcycle crash and you suffer injuries, call so so that we can help you. Quite often the police will assume that the motorcycle driver is at fault for the crash just because they are on a motorcycle. Of course this is not always the case and there are many crashes involving motorcycles where the at fault driver is the operator of a car, truck or van. If you are involved in a Maryland motorcycle accident, call us at 301-589-2999 x102. Our lawyers will fight to protect your rights.

On Monday there was a terrible car accident at Alabama Ave. and 36th Street, SE in Washington, D.C. near Beers Elementary School. At least one person was killed and 4 children were seriously injured. A white van crashed head-on into a Toyota Camry. The 4 children injured in the car crash were in the Camry. Neighbors have reported that the white van was speeding through the neighborhood prior to the crash and driving recklessly. News stations have also reported that the driver of the Toyota Camry involved in the crash has passed away. After the head on collision, the van caught fire. The D.C. Police are still investigating the crash.

Our thoughts and prayers go out to those injured and killed in this crash. The families of those involved should retain an attorney to investigate this crash and preserve evidence that may be crucial to the legal case. Unfortunately, all too often when there is a catastrophic car crash causing a wrongful death, the families of those involved in the crash are grieving and do not take the necessary steps to preserve evidence necessary to win the legal case. A major problem is that in cases such as this there is often limited insurance coverage to compensate all of the victims. Therefore, the families of those involved need to consider legal claims not only against the negligent driver who caused the Washington, D.C. car accident, but also claims against the manufacturers of the vehicles to the extent that there might be a product liability claim. This requires that evidence, including the salvage of the vehicles, be preserved. Also, there might be claims against the D.C. Government and in that case, there is a 180 deadline for putting them on notice via certified mail. There also might be claims relating to the maintenance of the roadway (this could be a claim against the D.C. Government). My point is that it is not sufficient to rely on the D.C. police department to investigate the crash. Victims of serious car accidents need to hire a lawyer and/or private investigator to do what needs to be done to preserve their rights. Remember, that as the plaintiff/victim of an accident, if you go to Court you will have the burden of proof. That means that you must present evidence to prove your case. Skid marks disappear. Cars are repaired. Witnesses change their stories. An accident lawyer knows how to act promptly to preserve the necessary evidence to prove the case, and in a serious crash such as the one on Monday night at Alabama Ave. and 36th Street, the lawyer will know to look beyond just the negligence of the driver of the van. Questions that need to be considered include whether the negligent driver was working for a corporation at the time of the crash? Was he on a cell phone or texting at the time of the crash? There is a lot to consider. The insurance companies and their investigators involved in car accident cases should not be trusted as they are not going to protect your rights. They are more interested in protecting their bottom line, and frankly, are just as happy if crucial evidence disappears. For more information about hiring a car crash lawyer call the lawyers at Goldberg, Finnegan & Mester toll free at 800 JUSTICE or 301-589-2999 x102. When we handle a serious car accident case, there is no attorney fees or costs if there is no recovery. You can also visit our Website at www.gfmlawllc.com.

James W. Boice, a 39 year old man from Harpers Ferry, West Virginia, was killed as a result of the negligence of Brian H. Beck, age 28. Mr. Beck was charged with reckless driving after his Jeep Cherokee struck the Suzuki Motorcycle that Mr. Boyce was on. The motorcycle that Mr. Boyce was driving was stopped at an intersection in Leesburg, VA (East Battlefield Street and at around 6:30 am when this car accident occurred. After the crash Mr. James Boice was transported to Louden hospital center but he died of his injuries. The funeral/memorial service for Mr. Boice (Mr. James Boyce) will be on Saturday April 17, 2010 at Kingdom Hall of Jehovah's Witnesses in Charles Town WV. Our thoughts and prayers go out to Mr. Boice's family and friends. It is important that his family retain an investigator and/or attorney to investigate this crash and gather witness statements. Unfortunately, those who drive motorcycles are often assumed to have contributed to a crash just because they operate a motorcycle. In states such as Virginia that recognize the antiquated doctrine of contributory negligence, it is important that victims families act promptly to gather facts about how the accident happened so as to avoid the certain insurance company argument that the motorcyclist contributed to the crash. In Virginia, if a motorist is even 1% at fault then he is barred from recovery in a civil lawsuit by the doctrine of contributory negligence. Our lawyers at Goldberg, Finnegan & Mester are experienced in combating this defense. For more information, call us at 888-213-8140 or visit our website at www.gfmlawllc.com.

There were at least three fatal car crashes in Maryland, Washington, D.C. and Virginia in the past few days. A lady from Fairhaven, MA was killed when she was struck by a tractor trailer in Virginia. Her name is Elizabeth Lyman. This crash occurred at about 2 PM when traffic was backed up on Interstate 495 West to Interstate 95 South when the tractor trailer swerved from the roadway to the right shoulder to avoid hitting a car that had slowed to stop. The truck side swiped the woman's 1998 Plymouth Voyager, struck the woman and went back into traffic. The driver of the tractor trailer, Nodarse Garcia was charged with reckless driving and with driving an overweight vehicle.

There were also two fatal motorcycle accidents. In the first, which occurred in Washington, D.C., a motorcyclist named David E. Gross of Mount Rainier, MD was killed. The other motorcycle crash occurred in Maryland. Matthew B Buc of Clake Park Court in Maryland was killed.

The Washington D.C. Suburban area roadways are dangerous and we urge all of our friends to drive safe and to pay attention. It should be noted that the Maryland Legislature is on the verge of passing a new law that will ban talking on your cell phone while driving (Washington, D.C. already has this law).