John Feroleto, Personal Injury Attorney Blog

The Buffalo News reported today that a new bottle bill took effect today that will like result in an additional two billion bottles being recycled in the State of New York. It was reported that "The first update of the 1982 "Bottle Bill," which provides a 5-cent deposit for bottled water containers, passed the State Legislature this year and survived court challenges, despite industry warnings of higher prices, retail hardships and negligible environmental impact."

It is designed to help the environment and provide revenue to the State. The News reported that "The law will send 80 percent of unclaimed deposits to the state's general fund instead of the Environmental Protection Fund, as originally proposed. One study says it will transfer $218 million to the state that used to go to bottlers and distributors.....till, with water, sugar-free flavored water and nutritionally-enhanced water under a gallon in size included, nearly 90 percent of New York's beverage containers are now covered in the bottle bill. That makes New York the sixth state to include water bottles in its container deposit laws. The Department of Environmental Conservation estimates 90 billion soda and beer containers have been recycled since the bottle bill passed 27 years ago, reducing roadside litter by some 70 percent. Proponents see similar benefits with the expanded bill." Paul Becker

On 10/24/09 the New York Times reported that a Northwest Airlines jet, carrying 144 passengers, missed its destination by 150 miles.

When asked, the pilots deny having been asleep. What makes this event extremely disturbing, in the mind of this author, is that traffic controllers on the ground tried contacting the jet for over an hour with no response. Due to no communication between the ground and the jet for such an extensive amount of time, National Guard jets were prepared to chase the jet. Thankfully, it never came down to this.

The NYT quotes one of the pilots, "I can tell you that airplanes lose contact with the ground people all the time."

This author would like to respond to that quote by asking: "Really? For over an hour? Isn't contact with the ground what in part informs pilots of airtraffic in the area?"

Christine Vogel

The Artvoice reported today that Blue Shield California twice refused to pay $2,700 emergency room claims by Rosalinda Miran-Ramirez, concluding that it was not a "reasonable" decision for her to go to the emergency room that morning when she awoke to a shirt saturated from blood with what turned out to be a breast tumor. Only after KPIX-TV reported the story did the insurance company pay the claim. Further, it reported that the National Women's Law Center found that the laws of eight states permit insurance companies to deny health coverage to a battered spouse (as a "pre-existing condition") since batterers tend to be recidivists. Paul Becker

The Buffalo News reported today that "Gov. David A. Paterson unveiled a major initiative Thursday that would make Buffalo the initial focus of a statewide effort to end the spiraling nature of vacant housing". It was also reported that Housing Secretary Shaun Donovan will visit Buffalo today regarding a similar project proposed by Sen. Charles E. Schumer and Rep. Brian Higgins of Buffalo.

It was also reported that Sen. Charles E. Schumer and Rep. Brian Higgins of Buffalo are sponsoring federal legislation that would set aside $400 million over three years to address the vacant-housing crisis and create 30 pilot projects in places like Buffalo. "The emphasis would be on housing rehabilitation and other green-friendly reuses of abandoned property, including community gardens and urban farming....[this] will include an emphasis on creating good-quality jobs as part of its investment in the neighborhood." These measures will include funding to demolish and rehabilitate old houses. Paul Becker

Gardasil - A vaccine to protect girls/young ladies against cervical cancer and other HPV diseases.

Yes, I want all young ladies to be spared from cancer and other diseases. But....check out this video on youtube. Is this a situation of putting profits over people?

Christine Vogel

Buffalo has a great running community and more than it's fair share of great runners. We should all be very proud of Liz Randall, who won the Toronto Marathon Sunday! Check the picture of Liz, Bill Rodgers, Kathryn Spritzer and a very sustaintial trophy on the Checkers AC website. John Feroleto

Labels: Buffalo Runners

The New York Times reported today that a variety of sources are providing funds for the Taliban war chest. It is reported that the funds come from illicit drugs, ransoms, foriegn donations and other illegal measures from around the world. Taliban leaders have sent fundraisers to Arab countries to continue their cause. They are also taxing the cultivation of opium to raise funds, despite U.S. efforts to stop such measures.

"Despite efforts by the United States and its allies in the last year to cripple the Taliban’s financing, using the military and intelligence, American officials acknowledge they barely made a dent. 'I don’t believe we can significantly alter their effectiveness by cutting off their money right now,' said Representative Adam Smith, a Washington State Democrat on the House Intelligence and Armed Services Committees who traveled to Afghanistan and Pakistan last month. 'I’m not saying we shouldn’t try. It’s just bigger and more complex than we can effectively stop'. "

The Times reported that "American officials say that they have been surprised to learn in recent months that foreign donations, rather than opium, are the single largest source of cash for the Taliban."

On October 14, 2009 John P. Feroleto, Esq. and the Honorable Paula Feroleto received awards from the Buffalo Alliance for Education. The Feroleto's were recognized for their efforts in launching "The Law Intern Program of Buffalo."

The intern program provides opportunities for Buffalo city youth to work in downtown law firms in paid internships. For many of the 2009 interns it was an opportunity to earn their first paycheck, learn office skills and how to file papers with the Court system.

Other honorees included:
Beverly S. Braun, Esq. for her involvement with the Western New York Invention Convention. The WNYIC allows children to "showcase their invention or solution to a common problem." The entries are judged and children can move up to State level.

Joy McDuffie for her commitment to neighborhood revitalization. Ms. McDuffie is committed to high school dropout prevention and dropout recovery.

The Honorable Sharon S. Townsend (in collaboration with Dr. James A. Williams) for her efforts in focusing on the needs of "at risk youth" in both the school and Court system.

Christine Vogel

The Federal Aviation Administration seeksmultimillion-dollar fines against United Airlines and US Airways for safety violations, including flying a plane after mechanics stuffed shop towels into an engine.
The agency moves for a $5.4 million fine against US Airways, which is a dominant player in the Buffalo and Western New York market, for operating eight planes on a total of 1,647 flights from October 2008 to January 2009 in violation of safety directives or the company's own maintenance rules. More can be found on AOLNews. John Feroleto

Labels: airline safety

A leading road safety group, the Governors Highway Safety Association, supports banning drivers from sending and receiving text messages. Texting creates a greater risk of crashing than even drunken driving.

The Virginia Tech Transportation Institute found that truckers sending text messages are 23 times more likely to cause a crash or near-crash than a nontexting trucker.
Texting car drivers, according to a University of Utah study using a driving simulator, are eight times more likely to crash.
State and Federal governments can reduce needless death and disabilities to innocent men women and children by enacting laws banning texting now. John Feroleto

Labels: texing and driving, texting truckers

The AAJ, citing the Pittsburgh Tribune-Review, reported today that " The House Judiciary Committee has approved a bill to give active duty members of the military the right to file medical malpractice suits against the government. In a 14-12 vote along strict party lines, the Democratic controlled panel Wednesday sent the bill to the full House where supporters contend the measure to repeal the so-called Feres Doctrine stands a good chance of winning approval. Rep. Steve Cohen (D-NY), whose subcommittee backed the bill, said eliminating the lawsuit ban was a question of fundamental fairness. " Paul Becker

As reported in the New York Times, a single portion of hamburger meat is often an amalgam of various grades of meat from different parts of cows and different slaughterhouses and even different countries. The cuts used are particularly vulnerable to E. coli contamination There is no federal requirement for grinders to test their ingredients for the pathogen.

A woman ,Stephanie Smith, bought frozen hamburgers made by the food giant Cargill, labeled “American Chef’s Selection Angus Beef Patties.” As reported in the Times "grinding logs and other Cargill records show that the hamburgers were made from a mix of slaughterhouse trimmings and a mash-like product derived from scraps that were ground together at a plant in Wisconsin. The ingredients came from slaughterhouses in Nebraska, Texas and Uruguay, and from a South Dakota company that processes fatty trimmings and treats them with ammonia to kill bacteria."

Big business interests continually seek to limit consumers constitutional rights to redress often by promoting Caps- restrictions on what the corporation that creats the harm has to pay. We need to protect consumers harmed by huge international corporations. Abridging rights thought out and by brilliant founding fathers and incorporated in the Constitution is not the answer. John Feroleto

The AJJ reported today that Los Angeles Times (10/2, Geiger) reported that " 'In an effort to curb accidents caused by distracted driving, the Obama administration has banned federal employees from text messaging while driving and said it would consider new restrictions on cellphone use by rail, truck and bus drivers.' President Obama 'signed an executive order Wednesday night telling federal employees not to send text messages while driving on the job or in a government-owned vehicle.' And 'also Wednesday, Transportation Secretary Ray LaHood called on state and local governments to pass laws to discourage distracted driving.' " Paul Becker