What's New at PA, WV, OH River, Rail & Motorcycle Law Firm, G&O?

 

Antiquated Federal Law Often Invoked by Vessel Owners Subject of Fred Goldsmith November 2011 Column in MarineNews Magazine

 

"The Vessel Owners' Limitation of Liability Act -- An Anachronism that Persists, For Now," is the title of Fred Goldsmith's column in the November 2011 issue of this popular maritime industry magazine.  Fred discusses numerous court decisions which have harshly criticized and questioned the continued need for this law which allows vessel owners to file a complaint in federal court when their vessel is involved in an accident.  In the complaint, they ask the judge to stop all other claims against them in other courts and to limit their liability to all claimants to the post-accident value of their vessel plus pending freight--often a sum far less than the dollar value of the claims to which the owner is exposed for personal injury and property damage.

 

The Jones Act Seaman's Maintenance Rate is the Subject of Fred Goldsmith's July 2011 Column in MarineNews Magazine

 

Fred Goldsmith's column in the July 2011 issue of this popular workboat industry magazine is entitled "Seaman's Maintenance Rate Must Reflect Current Costs."  When a seaman becomes ill or injured when in service of his or her ship, the employer owes him or her "maintenance" (food and lodging expenses) and "cure" (necessary medical care until the seaman has reached "maximum medical improvement.")  This article discusses how the maintenance rate must change with the times to reflect current, not historical, food and lodging costs.

 

Borough of Blawnox Agrees to Settle Free Speech / Right to Audio and Video Record Lawsuit Brought by G&O and ACLU

 

G&O's Fred Goldsmith teamed with Sara J. Rose and Witold J. "Vic" Walczak of the ACLU of Pennsylvania in representing Peggy Albright and Melina Brajovic in their First Amendment and PA Sunshine Act federal court lawsuit, which was amicably resolved on May 27, 2011. The Borough is paying $75,000 to the plaintiffs, agreeing to lift a prohibition on public speaking at agenda meetings, and to stop enforcing audio and video recording sign-in and taping only from a cordoned-off area requirements, which plaintiffs alleged infringed their state and federal legal rights.  Albright was arrested and handcuffed on October 13, 2008, for attempting to speak at a Borough agenda meeting.  The Allegheny County Court of Common Pleas threw out the criminal charges against her.  The Pennsylvania Superior Court affirmed, writing “it strains credulity that this episode resulted in a criminal prosecution and an appeal by the prosecution to this Court.”  The Pennsylvania Supreme Court refused to hear the Commonwealth's further appeal.  Brajovic posted on YouTube her videos capturing Blawnox Council President Samuel F. McNaughton, Jr. (who has since retired) berating her, for which plaintiffs claimed the Borough instituted, in retaliation, requirements to sign-in and tape only from a cordoned-off area of Council chambers.  Goldsmith believes the settlement is "a positive result from unfortunate events."
 

Goldsmith Elected Chair of Allegheny County Bar Association's Federal Court Section for 2011-2012

 

Fred Goldsmith was elected Chair of the Allegheny County Bar Association's Federal Court Section for 2011 to 2012 at the Section's annual meeting on May 10, 2011.  The Section meets monthly from September to May and concerns itself with all phases, questions, and problems within the fields of federal civil and criminal litigation. It works closely with the judges and Clerk of the U.S. District Court for the Western District of Pennsylvania, and stages continuing legal education seminars for trial lawyers in the fields of federal civil and criminal litigation.

 

Goldsmith Successfully Completes PA Motorcycle Safety Program Advanced Course

 

Fred Goldsmith successfully completed and made a near-perfect score on the final exam for the BRC2 Course held April 30, 2011, on the CCAC Boyce campus.  The Basic Rider Course 2 (previously called the Experienced Rider Course) was developed to address the critical skills and knowledge needed for relatively low risk, enjoyable on-street motorcycling. The course is for experienced motorcyclists of all ages and is usually completed in one or two days.

 

Goldsmith Column in MarineNews Magazine Warns of Serious Consequences of Misrepresentation and Concealment When Applying for Marine Insurance

 

Fred Goldsmith's column in the May 2011 issue of this popular workboat industry magazine is entitled "Utmost Good Faith: Marine Insurance."

 

Goldsmith Column in MarineNews Magazine Explains Potential Impact on Seaman's Personal Injury & Death Lawsuits of Pending U.S. Supreme Court Decision

 

Fred Goldsmith's column in the April 2011 issue of this popular towboat and tugboat industry magazine is entitled, "U.S. Supreme Court to Scrutinize Statute on Seaman's Personal Injury & Death."  He analyzes the case of CSX Transportation, Inc. v. McBride, now pending before the U.S. Supreme Court.

 

Ogrodowski Article Examines Potentially Changing Causation Standard in Railroad Workers' Personal Injury & Death Statute

 

Rich Ogrodowski's column entitled "An Attack on the Standard of Causation in FELA Cases," which examines the above CSX Transportation, Inc. v. McBride decision in the railroad context, appears in the Spring 2011 issue of The Advocate, published by the Western Pennsylvania Trial Lawyers Association.
 

Goldsmith Speaks on Admiralty Law at West Virginia Association for Justice Mid-Winter Seminar

 

Fred Goldsmith's topic on February 18, 2011, at WVAJ's Mid-Winter Seminar in Charleston, WV, was "How Not to Get Sunk When Representing Victims of Accidents on Navigable Waters: Admiralty Law for West Virginia Practitioners."

 

Goldsmith Column in MarineNews Magazine Explains U.S. Coast Guard Post-Accident Drug and Alcohol Testing Regulations

 

Fred Goldsmith's column in the February 2011 issue of this popular workboat industry magazine is entitled, "When, Who & How to Test: USCG Post-Accident Regs Explained."

 

Ogrodowski Moderates Seminar on Electronic Discovery in Smaller Federal Court Cases

 

Rich Ogrodowski moderated this continuing legal education seminar staged by the Western Pennsylvania Chapter of the Federal Bar Association on February 10, 2011. The panel included two Pittsburgh-based federal trial court judges and an E-Discovery practitioner.
 

Goldsmith Article in Western PA Trial Lawyers Journal Examines Recent Developments in Admiralty & Maritime Law

 

In "What's New In (and What is) Admiralty & Maritime Practice?," published in the Western Pennsylvania Trial Lawyers Association's journal, The Advocate, Fred Goldsmith describes the contours of admiralty and maritime law, Jones Act seaman injuries, and developments in admiralty practice, including availability of punitive damages for wrongful failure to pay maintenance and cure and the broadening of the definition of a "vessel in navigation" under maritime law.

 

Goldsmith Publishes Column in MarineNews Magazine on Controversial U.S. Coast Guard Marine Casualty Reporting Regulations

 

Fred Goldsmith's column for the November 2010 issue of this popular workboat industry trade magazine is entitled, "'Immediately' Means Now! - U.S. Coast Guard Marine Casualty Reporting Regulations." You can read the column here: http://www.marinelink.com/news/immediately-means-now336250.aspx

 

Goldsmith Publishes Online Column on Recreational Boating and Cruise Ship Safety

 

› Click to read, "Be Safe on the Water this Summer."

 

Ogrodowski Named Pennsylvania Rising Star^SM in Transportation / Maritime Law

› After being nominated by his peers, and following a rigorous balloting and research process, Rich Ogrodowski has again been awarded this prestigious honor by the publishers of Philadelphia and Law & Politics magazines--for the fifth consecutive year.

 

Goldsmith Publishes Article on Federal Court Pleading Standard

 

Fred Goldsmith co-authored with University of Pittsburgh School of Law Professor Rhonda Wasserman in the June 18, 2010, issue of the Allegheny County Bar Association's Lawyers Journal an article entitled, "Third Circuit Court Practitioners Guide to Twombly and Iqbal."

New Goldsmith MarineNews Column on Vessel Chartering

› Fred Goldsmith's column for the May 2010 issue of this widely-circulated maritime industry trade magazine focused on the workboat, offshore, inland, and coastal vessel markets, is titled, "Don't Leave Port Without These Terms in Your Vessel Charter."
 

Goldsmith Examines Importance of Crew Training in March 2010 Column in MarineNews Magazine

 

› Link to "Foreseeable Emergencies: Operators Liable for Training Crews."

 

 

Post-Accident Checklist

 

› Do you know what to do immediately after an accident?  See what G&O recommends here:

 

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