by Long Island Attorney Paul A. Lauto, Esq.
Hydraulic Fracturing, also known as fracking, is a controversial mechanical process in which natural gas or other substances are extracted from the Earth by use of wellbore drilling into reservoir rock formations. Proponents of fracking tout the benefits of obtaining resources from otherwise inaccessible locations within the Earth. Opponents maintain that the process creates a litany of environmental and health problems such as ground water contamination, toxic chemical surface spills and air quality contamination, among others. NYS by attorney general Eric Schneiderman, sued the Delaware River Basin Commission, the EPA and other agencies to compel a full and complete environmental impact study, before continuing plans to develop fracturing of the Delaware River Basin. In particular were concerns with fish contamination, breathing problems due to adulterated air quality and drinking water contamination. Noteworthy is that the Delaware River Basin supplies drinking water to New York, Delaware, New Jersey and Pennsylvania. The defendants argued, in support of organizations representing companies such as Exxon Mobil Corp., that the lawsuit was unfounded and fear based. The U.S. District Court dismissed the case, essentially concluding that since the plans were in the early stages, claims as to the risks and dangers of the natural gas development were speculative. Governor Cuomo, in an effort to speed up the approval of fracking in New York and ward off law suits delaying same, has decided to first complete a health impact study before going forward. However, Governor Cuomo has chosen his own administration's health department to perform an internal study, as opposed to having an outside, independent and objective agency peform the study. Long Island Lawyer Paul A. Lauto, Esq.
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by Long Island Attorney Paul A. Lauto, Esq. In the case of Stewart v. Beam Global Spirits & Wine, Inc., plaintiffs allege that Skinny Girl Margarita products are falsely marketed as "all natural", in that they contain a chemical preservative. Accordingly, plaintiffs have asserted a claim that defendant has unjustly procured financial gain to the detriment of the consumer, known as unjust enrichment. The Federal Court in the case has recently determined that under New Jersey law, plaintiffs may assert a claim for unjust enrichment against the product manufacturer, even though the product was purchased from a third party retailer. The Court stated as follows: "This Court is of the view that it would be inequitable to suggest that the Beam defendants can insulate themselves from liability on an unjust enrichment claim simply by asserting that retail sales by liquor stores cut off any relationship between the consumers and manufacturer. This is particularly true in this case where plaintiffs cannot seek a remedy directly from the liquor stores based on misrepresentations allegedly made by the Beam defendants themselves as to the 'all-natural' nature of Skinny Girl Margarita." The chemical preservative contained in the Skinny Girl Margarita products is sodium benzoate, which is an inexpensive mold inhibitor used to extend a product's shelf life. Sodium benzoate is reportedly a potentially toxic synthetic preservative that deprives cells of oxygen, thereby breaking down the immune system and making one more susceptible to disease. Long Island Lawyer Paul A. Lauto, Esq. Not the Hudson Valley mall by Long Island Attorney Paul A. Lauto, Esq. The Appellate Division has reversed a lower court finding of negligence against the Hudson Valley Mall, in the late night stabbing death of a Ground Round restaurant manager. The attack occurred when Ground Round manager Sharon Inger was closing the restaurant on June 4, 2006. A disgruntled co-worker returned to the restaurant and stabbed Inger 33 times resulting in her death. Plaintiff alleged that the mall was negligent in failing to take and have appropriate security measures in place at the mall. After a lower court finding of negligence against the mall, the Appellate Division reversed finding that the mall took adequate security measures. The court concluded that the mall was not obligated to have security cameras outside the restaurant and had no duty to police the restaurant's interior. This Appellate Court decision is notwithstanding a history of criminal activity at the mall, including an incident one year prior when a gunman opened fire at the mall with an assault rifle. Has justice been served? Post your comment today. Long Island Lawyer Paul A. Lauto, Esq. by Long Island Attorney Paul A. Lauto, Esq. The U. S. Supreme Court has ruled in a 5-4 decision in favor of Obamacare, by upholding the individual insurance mandate. The swing vote was by Chief Justice John Roberts, a Bush appointee, who joined the liberal contingent of the court. Four of the five justices in the majority, upheld the individual mandate on the basis of Congress' power to regulate interstate commerce. However, Chief Justice Roberts upheld the law on the basis of it essentially being a tax by stating; "If an individual does not maintain health insurance, the only consequence is that he must make an additional payment to the IRS when he pays his taxes." As of now, approximately six percent of the population will be required, under the affirmed law starting in 2014, to buy health insurance or face paying an additional tax of one percent of their income. Only time will tell. Long Island Lawyer Paul A. Lauto, Esq. by Long Island Attorney Paul A. Lauto, Esq.In a recent decision, a court in Italy held that the MMR vaccine caused autism in a minor child. Based on an in depth examination of the case in light of the specialist literature to date, the court found that the child's autism with reasonable scientific probability, was due to the administration of the MMR vaccine. This decision is ground breaking in nature and has resonated world wide. Although this case was from a court in Italy, it could lead to a change in current laws in other countries, including the United States. Long Island Lawyer Paul A. Lauto, Esq. |
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March 2024
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