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    Saturday
    14Nov2009

    Attorney Jan Schlichtmann

     

    Links: www.voicesofthelaw.com

    www.civilaction.com

    Email: Jan@legalbroadcastnetwork.com

    Phone: (866) 222-2123

     

     

     

     

    Jan R. Schlichtmann is one of the country’s most notable plaintiff’s attorneys. Mr. Schlichtmann specializes in the area of complex civil litigation including consumer, environmental, product, toxic, and mass tort litigation. In 1973, Mr. Schlichtmann graduated Phi Beta Kappa from the University of Massachusetts at Amherst and in 1977 earned his law degree from Cornell. While at law school, he clerked for the U.S. Senate Judiciary Committee and after graduation joined the staff of the U.S. House Special Select Committee on Assassinations as special counsel. In 1978, Mr. Schlichtmann began private practice in Massachusetts as a trial lawyer earning recognition for obtaining some of that state’s highest verdicts and settlements in civil torts.

    In 1986, Mr. Schlichtmann received national recognition for his representation of eight Woburn, Massachusetts families against W.R. Grace and Beatrice Foods for the contamination of the Woburn City water supply. The groundbreaking nature of the Woburn case and Mr. Schlichtmann’s work in it has been the subject of a number of national and international television and radio shows, press reports, and magazine stories including “60 Minutes” and “Nova,” as well as articles in legal and scientific journals and books. Mr. Schlichtmann’s career and involvement in the Woburn case was chronicled in the national bestseller, “A Civil Action” that became a major motion picture starring John Travolta as Mr. Schlichtmann.

    Mr. Schlichtmann has served on the faculty of the New England School of Law and Suffolk Law School’s continuing legal education program, and has been on the faculty of the National Judicial College in Reno, Nevada. He has lectured at many of the nation’s law schools and colleges and spoken before numerous national and regional professional and civic groups, has appeared on a number of the country’s major radio and television shows, and has participated in an array of public forums on issues of law, public policy and the environment. In addition, Mr. Schlichtmann has consulted with and testified before several governmental agencies and legislative committees on issues of toxic waste liability and the civil justice system.

    In 1990, Mr. Schlichtmann, as a member of a special legislatively mandated committee, helped author a complete revision of the Massachusetts Hazardous Waste Cleanup Statute which was enacted into law July of 1992. Martindale-Hubbell Law Directory has accorded Mr. Schlichtmann its highest ratings for both legal ability (“A” preeminent) and general recommendation of the bar and judiciary (“V” very high). Mr. Schlichtmann has been listed in “The Best Lawyers in America.”

     

    Saturday
    14Nov2009

    The FBI Broadens The Investigation of Scott Rothstein Structured Settlement Fraud

    (Associated Press) Investigators say the alleged fraud scheme run by a prominent South Florida lawyer is likely to exceed $1 billion and involve thousands of investors.

    Miami FBI chief John Gilles (GILL-eez) said Thursday morning that investigators want investors with attorney Scott Rothstein to come forward. Rothstein is suspected of misappropriating millions through a legal settlement investment scam.

    No criminal charges have been filed yet, but in a civil complaint, prosecutors accused Rothstein of concocting a Ponzi scheme that lured millions from investors. Gilles said the investigation is likely to take weeks or longer.

    In a special edition of Voices of the Law, Mark Wahlstrom and Jan Schlichtmann discuss how this fraud has smeared the structured settlement industry by falsely implying that Rothstein was selling or manipulating structured settlements, when in fact it was a standard variety, but grand scale Ponzi scheme based on the cash now industry that is plaguing the legal profession.

    Listen in as The Civil Action Attorney Jan Schlichtmann discusses this fraud, it's impact on the legal profession and the need for lawyers to stand firm against ethical and financial temptations that put their clients at potential risk.

     

     

    Tuesday
    10Nov2009

    Jan Schlichtmann "Chemical Delivery Set Up Danversport Blast"



    (Boston Globe) Danversport Trust lawyer Jan Schlitchmann says a Kentucky-based chemical company delivered a tanker of chemicals to an ink and paint factory, contributing to an inferno that destroyed or damaged nearly 100 homes and businesses.

    Jan SchlichtmannSchlichtmann said a worker for Ashland Inc., based in Covington, Ky., also participated in filling up the 2,000-gallon mixing tank that overheated inside the CAI/Arnel factory, causing an explosion that nearly flattened the Danversport neighborhood.

    “We believe this was part of a routine practice,’’ Schlichtmann said of the employee’s actions.

    “That makes it particularly egregious. It was an explosion waiting to happen.’’

    In a statement, Ashland said it bears no responsibility for the Nov. 22, 2006, explosion, one of the state’s worst industrial accidents.

    “Ashland has great sympathy for the people in Danversport,’’ the company said yesterday. “However, as independent investigations have already determined, Ashland played no role in that event.’’

    Separate investigations by the state fire marshal’s office and the US Chemical Safety Board concluded the explosion was an accident. Chemical vapors that had built up inside the plant ignited, causing the explosion, investigators concluded last year. How they ignited is not known.

    An investigation by the Danversport Trust, a nonprofit formed to work out a settlement with CAI, found that a worker for Ashland assisted in unloading and distributing 6,000 gallons of alcohol and heptane into three underground storage tanks and a mixing tank that were not properly permitted, Schlichtmann said.

    “We certainly think it is absolutely unlawful for a chemical supplier to leave off a potentially explosive quantity of chemicals to an unlicensed facility,’’ he said.

    The state Department of Fire Services fined CAI/Arnel $400 last year for not having the proper permits to store flammable liquids and chemicals at the factory.

    Jennifer Mieth, a department spokeswoman, said the responsibility for obtaining proper permits lies with the company storing and using the chemicals.

    John Vorderbrueggen, the chemical safety board’s lead investigator, said the board knew about the chemical delivery but was not previously aware of an allegation that an Ashland worker may have performed work inside the factory. He said the board thinks that chemicals already inside the plant were responsible for the detonation and that the delivery was not a factor because the chemicals were put into underground storage tanks.

    “We were aware they took a delivery that day. . . . I doubt that the delivery of that chemical made any difference that day,’’ he said in a telephone interview. “They had the chemicals on site.’’

    A consultant hired by the Danversport Trust presented an analysis last night that showed how the blast could have been foreseen, relying on a review of the amount of chemicals stored on the site and used in the manufacturing process.

    “When you think about it, they’re dumping a lot of combustible explosives off in a residential area,’’ said Erdem Ural, an explosives specialist.

    The Danversport Trust recently accepted a $7 million settlement from CAI to avoid litigation. But with almost $30 million in total losses, for property damage and emotional suffering, the settlement did not come close to compensating residents for losses not covered by insurance. Many residents received less than $1,000 in settlement checks mailed last month.

    Susan Tropeano, a leader of a neighborhood group called SAFE, said residents think more government oversight of chemical transportation is needed. “These companies all deliver large quantities of explosives,’’ she said.

    The transport of hazardous materials is governed by federal laws. Companies that distribute chemicals must have permits and follow a safety plan, according to the US Department of Transportation.

    Schlichtmann said the Danversport Trust has presented its findings to the company.

    “We’re calling on them to sit down and own up to their responsibility and make this right,’’ he said. “We believe the evidence is very strong that they contributed to this explosion.’’

    Although a legal complaint has not been filed against the company, Ashland said it is preparing its defense.

    “Ashland fulfilled all of its duties and responsibilities and played no role in this tragic situation,’’ the company said in a statement. “We intend to vigorously defend against these meritless claims at the proper time and place, and we expect to be fully vindicated.’’