Author Archives: Victor Pasternack

The State of the Union – – Candy-Coated Visions of US “Exceptionalism”

Unemployed men queued outside a depression soup kitchen opened in Chicago by Al Capone

Today’s post comes from guest author Jay Causey, from Causey Law Firm.

           This short piece has nothing to do with workers’ compensation. It does have much to do with US workers. In the recent State of the Union speech, and its accompanying hoopla, President Obama and the Republican “counterpoint” presenters predictably extolled the underlying greatness of the good ol’ USA, essentially ignoring the primary rot to our nation that has occurred during my adult lifetime.

           Few in our national power structure – – either on the left or right – – want to acknowledge the devastating impact of income and asset inequality on our core social, economic, and political values. Occasional bursts of activity here and there to raise minimum wages to realistic levels chip around the edges of the problem. But until there is the political will to rebuild our decaying infrastructure, rethink our hemorrhaging defense budget, and massively transform our taxation scheme in this country, the future is not a rosy one.

           Some factoids underscoring the problem were recently outlined in Rolling Stone magazine:

  1. The amount of new income generated since 2009 going to the top 1%: 95%

  2. Financial wealth controlled by the bottom 60% of all Americans: 2.3%

  3. Record combined wealth of the top 400 richest Americans: $2 trillion

  4. Real decline in median middle-class incomes since 1999: $5000

  5. Federal minimum wage: $7.25

  6. What the minimum wage would be if it kept pace with worker productivity since 1968: $21.72

  7. Number of US workers earning at or below minimum wage: 3.6 million

  8. Taxpayer subsidies to the fast–food industry to pay benefits to fast-food workers earning poverty wages: $7 Billion

  9. US defense spending in 2012: $682 billion; amount spent by China, our nearest plausible military rival: $166 billion

  10.  Federal deficit in 2013: $680 billion

  11.  Official unemployment rate: 6.7%

  12.  Unemployment rate which includes Americans who have given up looking or only have part-time employment: 13.1%

           That there are at least some stirrings of recognition here and there of the corrosive effect of these conditions on our way of life is a somewhat hopeful sign. However, don’t count on the national media – – owned by six or seven behemoth corporations – – to elevate this conversation above the whispers and murmurs below. This issue usually only gets its attention, as recently occurred, when some clown–like multibillionaire capitalist equates complaints about the ultra-rich to the attacks on Jews in Nazi Germany. And every so often a former corporate “insider” or CEO will blow the whistle on his cronies, such as acknowledging that since 1950 the ratio of CEO to employee pay increased by 1000% and that these execs sit on the governing boards of companies dramatically underperforming against the market while they draw millions for the “value” of their “expertise.”  But, it will take a sea-change in the political representation of the economic underclass – – that is, of about 90 to 95% of the population – – before anything happens.   

           But we’re the greatest, aren’t we?! A Canadian journalist recently authored a book entitled Merger of the Century in which she proffered the merger of Canada with the United States as the solution to both countries’ problems. This thesis prompted another well-known Canadian columnist and author to react and observe some reasons not to take this course:

            “Over the past decade, the US has debased its currency and destabilized the world financial system, thanks to venal and incompetent Wall Street tycoons. Its foreign-policy has lost its way into costly wars that have made the world less safe, not more. American education and health care are both outrageously expensive and deliver relatively poor outcomes while its once–admired justice system has become a conveyor belt into the bloated and corrupt prison system. Absorbing Canada would be great for the US – – it would gain an immense source of natural resources and an infusion of some 34 million educated and law-abiding citizens. But Canada is by every measure a better–governed country than the US. So why would Canadians want to take such a great leap backward?”

           So, will the general public of this country actually find the willpower to insist we do what is needed to make the USA the truly exceptional place it was 50 years ago? Or are we just going to sit around mouthing the words and beating our chests about past glories?

 Photo credit: Unknown or not provided / Foter / Public Domain Mark 1.0

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Partner Matthew A. Funk Elected New York State Trial Lawyers Association Deputy Treasurer

Partner Matthew Funk

We congratulate Partner Matthew A. Funk on his election as Deputy Treasurer of the New York State Trial Lawyers Association. His term will begin on July 1st. Mr. Funk has been practicing law since 1999 and became a partner at the firm in 2007. He is a member of the Injured Workers Bar Association, participating in online round table discussions regarding the rights of injured workers. He is a Workers Compensation Committee member of the New York Coalition for Occupational Safety and Health (NYCOSH). Mr. Funk regularly lectures on the workers compensation law to various labor organizations. Currently, he is actively engaged in extensive workers compensation litigation.

 

Senior Partner Catherine Stanton

We also congratulate Senior Partner Catherine Stanton on her election as a Director of the New York State Trial Lawyers Association. Ms. Stanton began working with the firm as an attorney in 1990 and became a partner in 1998.  She was the 2012 president of WILG, Workers’ Injury & Law Advocacy Groupthe national non-profit membership organization dedicated to representing the interests of millions of workers and their families who, each year, suffer the consequences of workplace injuries and illnesses. Ms. Stanton has once been named as a Super Lawyer each year from 2007-2013 in the area of workers compensation by Super Lawyers magazine. In addition, Super Lawyers named Ms. Stanton one of the Top Women Attorneys in New York for 2013.

About The New York State Trial Lawyers Association

The NYSTLA was founded in 1953 by a group of trial lawyers who were concerned that New York had no forum for plaintiffs’ lawyers. Today, the New York State Trial Lawyers Association is a 4,000-member trade association.

NYSTLA assures that the wrongfully injured have full access to the civil justice system. The organization is dedicated to the preservation of the federal and state constitution rights to trial by jury. They fight to see that:

  • injured people are not barred from the civil justice system;
  • wrongdoers are not immunized from liability;
  • juries are free to determine the proper amount of compensation without arbitrary legislative interference; and
  • obstacles are not placed in the way of litigating all meritorious actions.

NYSTLA also supports proposals to increase available insurance. When needed, NYSTLA works at the federal level to assure that our clients’ rights are not limited by Congress. NYSTLA does not hesitate to use the courts to advocate on behalf of consumers.

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Medicines Made in India Set Off Safety Worries

Today’s post was shared by Gelman on Workplace Injuries and comes from www.nytimes.com

Pharmacuetical safety is now an international isue. Today’s post is shared from the nytimes.com/

NEW DELHI — India, the second-largest exporter of over-the-counter and prescription drugs to the United States, is coming under increased scrutiny by American regulators for safety lapses, falsified drug test results and selling fake medicines.

Dr. Margaret A. Hamburg, the commissioner of the United States Food and Drug Administration, arrived in India this week to express her growing unease with the safety of Indian medicines because of “recent lapses in quality at a handful of pharmaceutical firms.”

India’s pharmaceutical industry supplies 40 percent of over-the-counter and generic prescription drugs consumed in the United States, so the increased scrutiny could have profound implications for American consumers.

F.D.A. investigators are blitzing Indian drug plants, financing the inspections with some of the roughly $300 million in annual fees from generic drug makers collected as part of a 2012 law requiring increased scrutiny of overseas plants. The agency inspected 160 Indian drug plants last year, three times as many as in 2009. The increased scrutiny has led to a flood of new penalties, including half of the warning letters the agency issued last year to drug makers.

Dr. Hamburg was met by Indian officials and executives who, shocked by recent F.D.A. export bans of generic versions of popular medicines — such as the acne drug Accutane,…

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Senior Partner Edgar Romano Included in 2012 Top 100 Trial Lawyers in N.Y.

Senior Partner Edgar Romano

Edgar Romano, Senior Partner at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, has been included in the 2012 Top 100 Trial Lawyers in N.Y. by the National Trial Lawyers, an organization composed of the Top 100 Trial Lawyers from each state.

Membership in the National Trial Lawyers organization is obtained through special invitation only to those attorneys who exemplify superior qualifications, reputation, influence, stature, and profile as trial lawyers, both civil plaintiff and criminal defense.

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