August 4th, 2009
The King's Men Seek Congressional Cover in Healthcare Reform
What will a federal option for health insurance mean to the Plaintiff Attorney Bar? It is clear that the Plaintiff Bar has been squarely behind President Obama, and that support runs deep. But a serious debate is lacking concerning the impact of health-care reform on the ability of plaintiff attorneys to bring suit against the insurance industry, manufacturers of medicines provided to individuals vis-à-vis the federal government, providers of medical treatments paid for by the federal government, and so on. While the Democratic party has traditionally been a friend to Americans who have been injured, the Republican party has provided its alternative, which in addition to the traditional “tax cuts,” endorses a major curtailing of lawsuits against health providers (and also a rallying cry from right-leaning bloggers). See also Common Sense Health-care Reform to Lower Costs and Increase Acces to Quality at a Price Our Country Can Afford, by Roy Blunt at www. GOP.Gov. It is imperative that the Plaintiff Bar be vigilant that compromises made in the efforts to push health-care reform do not provide health manufacturers or health-care professionals the golden opportunity to provide legislative cover for acts of negligence in exchange for support for the reform that this country so desperately needs. This August congressional break provides an opportunity for the Plaintiff Bar to carefully see what has been proposed so far; to contact allies in the House and Senate, and to follow up a successful presidential election with a health-care bill that ensures Americans the right to hold industry accountable for its acts of negligence. This right is as fundamental as access to good health-care, and the two complimentary rights need to be preserved.
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Posted by Tony Coveny
June 30th, 2009
State Lawsuits Alleging Bank Misconduct are Not Preempted by Federal Law
The Supreme Court yesterday addressed a second attempt by the Bush Administration to thwart state lawsuits against big corporations through the preemption doctrine. Since ruling against preemption in Wyeth v. Levine, a landmark case allowing state lawsuits to move forward against large pharmaceutical manufacturers, yesterday’s ruling opens the way to lawsuits against large international banks whose lending practices hurt consumers. This ruling marks the second defeat of the Republican administration to create a shield for corporations. With Barrack Obama at the helm, the new administration has made it clear that agency rules and promulgated regulations will not be used to create preemption where Congress has not chosen to do so. The Supreme Court, though dominated by conservatives, clearly chose to honor states’ rights and the right of Congress to be the author of any preemptive intent in passing legislation or creating agencies to.
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Posted by Tony Coveny
May 26th, 2009
Historic President Makes Historic Appointment: First Latina Apointed to the Supreme Court!
Judge Sonia Sotomayer, a 54 year old judge on the U.S. Court of Appeals for the 2nd Circuit, was born and raised in a housing project in the Bronx. She received a full scholarship to Princeton University in 1972, only 3 years after the school began accepting women. Upon graduation she entered Yale Law School. In 1991, President George H. W. Bush appointed Sotomayor to the Southern District of New York. In 1997, President Bill Clinton appointed her to her current post. Among her controversial opinions was the preliminary injunction against MLB’s attempt to unilaterally end the baseball strike in 1994 through abrogation of the Collective Bargaining Agreement and her order allowing the Wall Street Journal to publish the suicide note of Vince Foster. Nonetheless, she has been considered a moderate by the ABA.
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Posted by Tony Coveny
March 3rd, 2009
George Mitchell has born to an Irish father, a janitor, and an Arab Lebanese mother, Mary Saad, in 1933 in Maine. He served in the military, went to law school, and soon thereafter chose public service. He became a federal judge after losing the race for governor in Maine, but was subsequently appointed a senator when Edmund Muskie resigned. He has been one of this nation’s leading Democrats, serving as Senate Majority Leader for the Democrats from 1989-1995. In 1995, Mitchell began to work tirelessly for peace in his father’s homeland of Ireland. Peace in that region was largely achieved under his tutelage as US Special Envoy to Northern Ireland. Mitchell went on to lead the Walt Disney Corporation and to be general manager of the Red Sox before being called back to public service. Now, at Obama’s request, he turns his attention to the region where his mother was born—as US Special Envoy to the Middle East.
Israeli Leader Benjamin "Bibi" Netanyahu
George Mitchell will now have to square off with Hamas (which the US designates a terrorist organization), Fatah (the more moderate Arab-Palestinian group of the now deceased Yasser Arafat), and Israel’s newly elected, longtime political figure and head of the Likud Party, Benjamin Netanyahu. Netanyahu, though born in what is now Israel, lived in the United States (his father was a professor at Cornell in New York) and has been a staunch American Ally. Nevertheless, Netanyahu is a hard-liner who has opposed an independent Palestinian State. His approach to peace between Israel and Palestine can be summed up in his own words: “Right now, the peace talks are based only one thing, only on peace talks. It makes no sense at this point to talk about the most contractible issue. It’s Jerusalem or bust, or right of return or bust. That has led to failure and is likely to lead to failure again….We must weave an economic peace alongside a political process. That means that we have to strengthen the moderate parts of the Palestinian economy by handing rapid growth in those areas, rapid economic growth that gives a stake for peace for the ordinary Palestinians.” Unfortunately, this will be difficult at best because now, when creating an economic link between Israel and Palestine would take billions of dollars, those dollars are simply no longer on the table.
George Mitchell will have to save his best performance for last (this is likely the final chapter in Mitchell’s book of accomplishments as he is 86 years old) if he is to bring together these disparate parties and hand President Barak Obama a peace agreement between Israel and Palestine.
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Posted by Tony Coveny
January 20th, 2009
The Capitol on the Eve of the Inauguration
Today, Barack Obama will be inaugurated as this nation’s 44th president. The cold streets of Washington D.C. will fill up in just hours with as many as two-million Americans of every color and creed—Black and White, Republican and Democrat—to see this historic event. Among the crowds will be those whose life-experience includes the assassination of Reverend King . . . the reality that the first Black Supreme Court Justice, Thurgood Marshall, could not find a place to eat with his White colleagues near where he sat in consideration of the laws of this nation . . . and even, perhaps, some who recall the Tuskegee Airman whose actions compelled President Truman to desegregate the Armed Forces on February 2, 1948. History, however, is not the only reason many are gathering. In the midst of two wars and a deep recession, Americans (and the world abroad) are looking for new leadership and ideas. It is with high expectations that we ask you to join us in prayer for the new administration.
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Posted by Tony Coveny
December 16th, 2008
The Supreme Court on Monday, in a 5-4 split decision, handed tobacco companies a stinging defeat. The industry was hoping to put an end to lawsuits alleging deceptive marketing of “light” cigarettes. Instead, the Court ruled that smokers may use state consumer protection laws to bring suit against cigarette makers for the way they have promoted “light” and “low tar” brands, which make up 80% of tobacco sales in the United States. Philip Morris USA argued these lawsuits are barred by the federal cigarette labeling law, which forbids states from regulating any aspect of cigarette advertising that involves smoking and health. The Supreme Court, however, said such regulation did not shield cigarette manufactures from state laws that prohibit deceptive practices. This decision forces tobacco companies to defend dozens of suits filed by smokers across the country. People suing the cigarette makers still must prove that the use of ‘light‘ and ‘lowered tar’ actually violated the states’ anti-fraud laws, but those lawsuits may go forward, Stevens said. Stevens was joined by Stephen Breyer, Ruth Bader Ginsburg and David Souter, as well as Justice Anthony Kennedy, whose vote often decides the outcome cases in which the Justices are at odds. Chief Justice John Roberts, with Justices Samuel Alito, Antonin Scalia and Clarence Thomas, dissented, with Thomas stating that the lawsuits should be thrown out because they rely on claims about smokers’ health which are the purview of the federal agencies policing smoking advertising. This case is an important barometer for another case pending before the Court, Levine v. Wyeth, concerning the amenability of pharmaceutical manufacturers to state lawsuits for failure to warn users of the dangerous side-effects of the drugs they manufacture and distribute. The Supreme Court today indicated that large manufacturers will not be immune from state lawsuits simply because they are regulated by a federal agency.
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Posted by Tony Coveny
December 16th, 2008
The Three Kings, Bringing Gold, Frankincense, and Myrrh.
On December 16, 2006, Leigh O’Dell of Beasley Allen led the Sanford Pinedo LLP Tuesday Morning call-in Bible Study, focusing on the story of the three kings (Matthew 2:10-12). Leigh taught a wonderful lesson on what the gifts these kings laid at the feet of Jesus symbolized, and what these symbols could teach us. Leigh noted that Gold was, even then, the most precious metal. Gold was the sign of kingship, and by giving gold, the wise men were acknowledging Jesus was King of kings, and Lord of lords. Frankincense, by contrast, was used in temple worship. It was used to offer up prayers of thanksgiving and joy—not for sin sacrifices. It symbolized the joy of Jesus’ birth and divinity of Jesus. Finally, Myrrh, a spice used for embalming, pointed to the coming death of Jesus on the cross. Leigh then turned to the participants, inquiring what each of us would bring to Jesus this Christmas. She suggested the gift of preparation, the gift of surrendering to Christ’s Lordship in our lives, and the gift of service to others. Please join us at Sanford Pinedo LLP in celebrating Jesus’ birthday by giving back to God and our community!
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Posted by Tony Coveny
December 1st, 2008
Judge Stone: Probate Court 1
On November 4, Judge Kathy Stone received more than 52.4% of the votes in Harris County, winning by the largest margin of any judicial candidate or incumbent seeking a county or district court bench. Judge Stone was sworn in on Wednesday, November 26, at 12:00 noon as Judge of Probate Court 1. She is the first, of a large number of Democrats to be elected to judicial office in Harris County, to be sworn in. As such, the ceremonial courtroom on the top floor of the Civil Court House in downtown Houston was full to overflow capacity, wit dozens forced to stand in the aisles. This event was rich in both symbolism and substance. “Probate courts hear more than just the probate of wills, will contests, and guardianships. Judges in Probate Court also preside over complex personal injury cases resulting in death or incapacity requiring a guardianship. Even issues most often heard in Family District Court or Civil District can end up in Probate court in certain circumstances. For these reasons, a Probate Court Judge must have a familiarity with many aspects of the law.”
Senior Parner Shelly Sanford with Judge Stone at Reception in the Judge
Judge Stone has nearly 18 years of judicial experience, and the “breadth of experience, the depth of knowledge, and the strength of character to be an effective Probate Judge,” says her campaign chief. She served twice on the 55th Civil District Court, serving from 1991 to 1998. Since then, she has presided over cases as Senior Judge Sitting by Assignment in the Civil, Criminal, and Family District Courts, County Courts-at-Law, and Justice Courts in Harris and surrounding counties. “I have tried nearly every type of case” Judge Stone told the audience attending her swearing–in ceremony. Judge Stone graduated from South Texas College of Law in 1979 and was Assistant Editor-in-Chief of the Law Journal and competed in Moot Court. She has also been named “Woman of Excellence” by the Federation of Professional Women.
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Posted by Tony Coveny
November 24th, 2008
Alex Barlow, Partner
Alex Barlow, a partner at Sanford Pinedo LLP and experienced Houston litigator, has been appointed to the Texas Trial Lawyers Association (TTLA) Board of Directors for 2009. This appointment comes as Alex Barlow has also been appointed to the Continuing Legal Education (CLE) committee and Communications Committee. Alex is well suited for these positions, having evinced a commitment to complex litigation on behalf of many who have been injured or harmed. His specific areas of practice have included toxic torts (benzene, asbestos, silica, and chemical exposure), environmental property damage, oil and gas royalty disputes, nursing home malpractice, and commercial litigation. Alex also represents a Fortune 500 company in ad valorem tax litigation. He earned a Bachelor of Liberal Arts Degree from the University of Texas as a participant in the prestigious Plan II program and his J.D. with honors from The University of Texas School of Law. In law school he was the recipient of the George E. Seay Endowed Presidential Scholarship and a member of the Order of the Coif, a national honorary society for law school students. Alex will be speaking at the mid-year 2009 meeting of the TTLA on the topic of Emerging Torts: Theories of Recovery.
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Posted by Tony Coveny
November 10th, 2008
November 4, 2008 is a day that will forever live in infamy across the globe. To this day I am still in shock that America has elected its first African-American president. As I watched the news channels call the election I felt goose bumps and tears began to run down my face. The scenes of Grant Park in Chicago, Harlem, and Atlanta are forever engraved in my mind. One news organization showed the celebration in Atlanta and there was a shot of a young lady on her knees in tears of celebratory joy. This summed it up for millions of blacks in America.
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Posted by Tony Coveny
