Access To Justice

U.S. Rep. Linda Sanchez  (D-Calif.)  introduced a new bill this week that promises to expand the wage and overtime protections of the Fair Labor Standards Act (FLSA) to home care workers who assist the elderly and the sick with health and other at-home services.

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The Food and Drug Administration (FDA) failed to regulate triclosan and triclocarban, two toxic chemicals present in products such as antimicrobial soap, according to a lawsuit filed by the National Resources Defense Council. The environmental group alleges in its suit that the FDA violated federal law by its delay in establishing safe conditions of use for the chemicals, which can harm reproductive organs and hormones.

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You might want to handle cash-register receipts with kid gloves. Why? Consumers (and cashiers) risk BPA exposure from handling cash-register receipts from some retailers, according to a new Environmental  Working Group study. The study found the chemical bisphenol A, which has been linked to health risks in humans, on 40 percent of receipts from McDonald’s, CVS, KFC, Whole Foods, Wal-Mart, Safeway, the U.S. Post Office, and other businesses. Earlier this year BPA, which has been found in baby bottles and processed food cans, was added to the EPA’s chemical concern list.

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A ground-breaking bill that promises to overhaul the federal government’s regulation of toxic chemicals was introduced last week by Reps. Henry A. Waxman (D-Calif.) and Bobby L. Rush (D-Ill.). The Toxic Chemicals Safety Act of 2010 will overhaul the 1976 Toxic Substances Control Act.  Under the bill, chemicals will be reviewed for safety, dangerous ones will be restricted or eliminated, and safer alternatives will be developed.

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BP’s $20 billion fund to help compensate victims of its disastrous Gulf of Mexico spill does not prevent future lawsuits against the company that exceed that amount, according to fund administrator Kenneth Feinberg.

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Motorola has been hit with a lawsuit filed by former employees and their offspring alleging that toxic substances used in sterile “clean rooms” to make the company’s products caused serious birth defects in 30 children born to those workers between 1965 and 2007.

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Commercial fishing remains one of the nation’s most dangerous occupations, with more than 500 fishermen killed on the job between 2000-2009, according to a recent report from the Centers for Disease Control (CDC).

The CDC report found that of the 504 commercial fishing deaths recorded during that period, the majority (261) were the result of a vessel disaster, 155 occurred when a crew member fell overboard, and 51 were the result of injuries sustained on the boat.

Commercial fishing risks vary by region based on weather and other factors. The CDC report found that the greatest number of deaths took place off the coast of Alaska (26 percent), the Northeast (25 percent), the Gulf of Mexico (23 percent), the West Coast (16 percent), and the Mid- and South Atlantic (8 percent).

Deaths from commercial fishing have been declining since 1992. However, the report suggested that a greater emphasis by the commercial fishing industry on the use of personal flotation devices and alarms that sound when a crew member goes overboard could help reduce workplace deaths further.

Who hasn’t sued BP?

It’s a valid question to ask now that Bloomberg Business News is reporting that the British energy company has been named in more than 300 lawsuits since April’s Deepwater Horizon explosion allowed millions of gallons of oil to gush into the Gulf of Mexico. The suits collectively seek billions of dollars in potential damages.

Among those suing BP, according to Bloomberg: a regional shopping mall in Louisiana sued over loss of customers; lost tax revenue is sought by a parish sheriff; and BP investors and employees have filed corporate mismanagement complaints.

In addition, we’ve blogged before about class actions filed by coastal property owners, commercial fisherman, restaurants, and others. However, an attorney who spoke with Bloomberg said he had filed only few suits because BP is expected to pay some claims from a $20 billion fund the company has set up.

If you believe you have suffered an economic loss due to the Gulf Coast oil spill, Sokolove Law may be able to help.

BP’s use of chemical dispersants to clean up the Gulf of Mexico oil spill continues to make waves.

Environmental group Earthjustice filed a lawsuit against the federal government yesterday in a bid to obtain health and safety information about the chemicals, which are being used on and below the ocean’s surface to break up the oil.

Environmental activists and others have raised questions about the risks posed by BP’s massive use of dispersants, particularly Corexit, which can cause eye, skin, or respiratory damage in humans. The Associated Press reported that nearly 2 million gallons of dispersants have been used so far to keep the oil from washing ashore on the Gulf Coast.

Two nuclear processing plants in Pennsylvania allegedly exposed dozens of people in the Kiskiminetas Valley to toxic and radioactive materials and may have caused 10 deaths, according to the Courthouse News Service.

The news service reports the allegations are part of a federal class action lawsuit filed by 39 plaintiffs against Babcock & Wilcox Power Generation Group and B&W Technical Services, the licensees and directors of operations, and Atlantic Richfield Co., which operated the plant and still does remediation and decommissioning work there. The suit claims the defendants released toxic and radioactive materials into the environment, didn’t  share details  of possible dangers from plant operations, and didn’t sufficiently address related environmental and health safety issues, according to the article.

Courthouse News Service reports that the plaintiffs claim exposure to substances from the plant led them to suffer lung, skin, breast, bladder, and other cancers. The suit also claims the emissions caused 10 deaths.

The two plants are located in the Borough of Apollo and Parks Township. Three other lawsuits were filed earlier this year against the plants’ operators, according to Courthouse News Service.