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 StarSM
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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