2018 Legal Report - Napoli Shkolnik

2018 Legal Report Offices Nationwide |

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NAPOLI SHKOLNIK PLLC

2018 LEGAL REPORT

Contents 5

Practice Areas

We handle cases nationwide.

6

Team Profiles

Experience, purpose

and determination.

12 Verdicts

& Settlements

Representing clients in complex

litigation, arbitration proceedings

and mediations—with results.

14 Press Highlights

Articles from leading news

outlets around the country.

40 Opioid Cost

Recovery Program

With your help, we can take better

aim to stop the epidemic and

assist those in need.

42 Giving Back

A tradition of sponsoring honorable

and educational organizations.

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PR ACTICE AREAS

5

We Seek the Compensation and Justice That You Deserve Napoli Shkolnik PLLC is a high profile firm that has obtained over $3 Billion in verdicts and settlements for our clients. We work alongside local co-counsel all over the country.

WE EVALUATE CASES DAILY and we encourage you to contact Napoli Shkolnik PLLC to discuss steps for compensation for clients as well as to speak about any new litigations.

Our attorneys hold a variety of leadership positions (lead or liaison counsel, members of litigation steering committees) in numerous multi-district litigations for pharmaceutical cases and class actions. We have offices in New York, California, Delaware, Florida, Illinois, Kansas, Michigan, Ohio, New Jersey, Texas, and Washington DC. ACCOLADES

HIGH PROFILE CASES

Super Lawyers®

Flint, Michigan Water Crisis

Fortune Magazine America’s

National Opioid Litigation

Premier Lawyers

911 World Trade Center

AV® Preeminent™ Rated

Litigation / Victim

Lawyers by Martin-Hubbell

Compensation Fund Claims

National Trial Lawyers,

PFOA/PFOS Water

Top 100 Trial Lawyers

Contamination

Litigation Counsel of America™ Proven

OUR PRACTICE AREAS

Asbestos Related Illness Aviation Accidents Civil Rights Complex Litigation Defective Medical Devices Defective Prescription Drugs Class Actions Environmental Litigation Medical Malpractice Opioid Cost Recovery Program Personal Injury

Trial Lawyers Million Dollar Advocates

Social Security Disability

Forum

Workers’ Compensation INTERESTED PARTIES CALL

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World Trade Center

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Team Profiles We look forward to building a mutually beneficial relationship together.

Hunter J. Shkolnik, Partner.

Marie Napoli, Partner.

Paul J. Napoli, Of Counsel.

NAPOLI SHKOLNIK PLLC

2018 LEGAL REPORT

TEAM PROFILES

7

Partner

Marie Napoli Mrs. Napoli has over twenty years of experience handling personal injury, medical malpractice, mass tort, and complex litigation matters.

AS A FOUNDING PARTNER of Napoli Shkolnik PLLC,

BAR ADMISSIONS

Marie is involved in many aspects of case management

New York

and has tried multiple cases to verdict. As a skilled and determined attorney who is well-versed in numerous

PROFESSIONAL AFFILIATIONS American Association

New York Supreme Court

for Justice

litigation fields, Marie understands the breadth of

United States District Court,

Brooklyn Women’s Bar

the legal issues that particularly affect women injured

Eastern and Southern

Association (BWBA)

by pharmaceutical and other defective products.

Marie is a breast cancer survivor and philanthropist creating awareness to fund research through such charitable organizations such as The Bone Marrow Foundation, Inc. Marie is a published author on a variety of legal topics.

Recent works featured in The New York Law Journal include,”Opioid Crisis Costs: Is There a Cause of Action?” and “Child Victims Act Is a Step Toward Healing”.

Lawdragon published her article entitled, “ Lawyer Viewpoint: Marie Napoli on the Law on Sex Addicts and Weinstein”.

Districts of New York Nassau County Bar United States District Court, Eastern District of Michigan New York State Academy United States Supreme Court

AWARDS & HONORS

speaker and has appeared on such networks as Fox Business News, CNN, CBS New York, and ABC News.

American Academy of Attorneys, Top 100 Attorneys in Personal Injury Law

New York State Bar

New York State Trial Lawyers Association, B

Best Attorneys of America

oard of Directors New York Women’s Bar

Best Lawyers Business Edition, Women in Law, 2019

Association (NYWBA) Suffolk County Bar Association

Personal Injury Attorneys (NAOPIA), “Top 10 Attorney

St. John’s University

Award – New York”

School of Law, Advisory Board to the Dean

The National Trial Lawyers Read full bio at goo.gl/Uw45u1

of Trial Lawyers

Association (NYBA)

National Academy of

Outside of the courtroom, Marie is a sought-after

Association

for Women’s Rights – Top 10 The National Trial Lawyers: Top 100

Fordham University President Council The Bone Marrow Foundation,

New York Super Lawyers , ®

Associate Board Member

2018, 2019

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Partner

Hunter J. Shkolnik Mr. Shkolnik is frequently invited to appear on national media networks to lend his legal insight on current events.

HUNTER CONCENTRATES his practice on significant

BAR ADMISSIONS

personal injury cases primarily in the area of drug,

New York

automobile, heavy truck, and aviation-related product liability actions. He also leads the discovery and trial teams of various mass tort pharmaceutical and medical device litigations for the Napoli Shkolnik PLLC law firm.

He is currently serving as a chairman, leader, or

American Association for United States District Southern Districts of

NYSTLA, Past President Nassau County Bar New Jersey

Committees in various mass torts including environ-

District of New Jersey

mental and pharmaceutical litigations. Notably Hunter has been appointed to the National Prescription

AWARDS & HONORS

Opiate Litigation, the Flint Water Crisis Litigation, the

Litigation Counsel of

Invokana (Canagliflozin) Products Liability Litigation

America, Fellow

Association, Past ViceChairman, Medical Legal Committee New York State Trial Lawyers (NYSTLA), Board of Directors; Past Secretary, Assistant

Marquis Who’s Who®, 2018

Treasurer and Treasurer

The National Trial Lawyers,

Suffolk County Bar

Aviation Trial Lawyers –

Association

keting Sales Practices and Products Liability Litigation.

numerous issues, including the Opioid Crisis, PFC wa-

Long Island Affiliate of the

New York

United States District Court,

Hunter has also lectured and organized seminars on

Justice (AAJ), Multiple Groups

Court, Eastern and

court-appointed representative on Plaintiff Steering

and the Johnson & John Talcum Powder Products Mar-

PROFESSIONAL AFFILIATIONS

Top 10

ter contamination, product liability and other mass

New York Super Lawyers®:

tort matters.

2006 – 2019

Read full bio at goo.gl/LJX3FJ

NAPOLI SHKOLNIK PLLC

2018 LEGAL REPORT

TEAM PROFILES

9

Of Counsel

Paul J. Napoli Mr. Napoli has achieved hundreds of million dollar verdicts and settlements for his clients and has also received many awards from his peers.

PAUL SERVES AS A BOARD MEMBER of the Nation-

BAR ADMISSIONS

al September 11 Memorial & Museum and has pre-

New York

viously served on the Board of Directors of the New

The American Trial Lawyers Association Top 100 Attorneys in the New York

Illinois

Metro Area,

associations, has been interviewed on numerous tele-

United States District Court,

The American Trial Lawyers

vision shows, in newspaper and magazine articles and

Eastern, Southern, Northern,

York Trial Lawyers Association, is active in several bar

is frequently consulted by attorneys around the country on a variety of mass tort, professional malpractice and general liability issues.

Paul lobbied New York State and the U.S. Congress for and was instrumental in obtaining two important pieces of legislation to assist WTC- injured workers. These are an amendment to New York’s General Municipal Law §50-I (“JIMMY NOLAN’S LAW”) that provided a one-year savings statute for otherwise time-barred first responder claims and the JAMES ZADROGA 9/11 HEALTH AND COMPENSATION ACT OF 2010 (“Zadroga Bill”), which provides for medical monitoring and cash awards for injured first responders and other WTC survivors, local office workers and community members injured by the post-9/11 fallout.

Western Districts of

Lawyers

New York

Lawyers of Distinction

United States District Court,

The Legal 500 United States,

Eastern District of Michigan United States District Court,

Top Tier Litigation Counsel of America,

Eastern District of Missouri

The Trial Lawyer Honorary

United States District Court,

Society, Senior Fellow

Northern and Southern Districts of Illinois

Martindale-Hubbell Top Rated Lawyers

United States District Court for the District of Colorado United States Court of Appeals for the Second and Third Circuits United States Supreme Court

Read full bio at goo.gl/DKsvqz

Association Top 100 Trial

Million Dollar Advocates Forum The National Association of Distinguished Counsel National Law Journal Top 50 Elite Trial Lawyer

AWARDS & HONORS

New York Super Lawyers®

America’s Elite Trial Lawyers

2007 – 2019

America’s Top 100 High

Trial Lawyers Board of

Stakes Litigators®

Regents Litigator Awards

American Institute of Personal Injury Attorneys (AIOPIA), Member

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Executive Director

Hill Harper Mr. Harper is a humanitarian, actor, author, entrepreneur, health and wellness ambassador/educator, philanthropist and honors graduate of Harvard Law School.

HILL HARPER IS ALSO the founder of the social jus-

dent Obama in 2011. Harper travels worldwide as a

tice law group NorthStar. Through his role as Execu-

motivational speaker, addressing current affairs and

tive Director of Napoli Shkolnik PLLC, a mission-based

life-awakening topics to a wide array of audiences of

partnership has been established between NorthStar

youth, adults, couples, and business leaders.

and Napoli Shkolnik PLLC. Together, these firms are dedicated to seeking justice for vulnerable, underrepresented individuals and communities through litigation, education, awareness and remuneration. This partnership provides a legal voice to those individuals and groups who have been wronged or silenced.

He graduated magna cum laude from Brown University with a Bachelor of Arts degree and was named Valedictorian of his department. Harper then graduated with a J.D. cum laude from Harvard Law School, as well as with a master’s degree in Public Administration, with honors, from the Kennedy School of Govern-

In addition to his performing career, Harper has au-

ment at Harvard University. He holds honorary doc-

thored four New York Times bestsellers: Letters to

toral degrees from Howard University, Winston-Salem

a Young Brother, Letters to a Young Sister, The Con-

State University, Cheyney University, Le-Moyne Owen

versation, and The Wealth Cure, which chronicled

College, Westfield State College, Dillard University

his diagnosis with thyroid cancer and his journey to

and Tougaloo College.

health. Letters to a Young Brother won several awards and was named “Best Book for Young Adults” by the American Library Association in 2007. Harper has been recognized with seven NAACP Image Awards, four of them for his writing. His latest book, Letters to

“I would unite with anybody to do right and with

an Incarcerated Brother, which speaks to the current

nobody to do wrong.”

mass incarceration crisis, was released to critical ac-

Frederick Douglass

claim and was nominated for several awards.

Harper is the founder of the Manifest Your Destiny Foundation, a nonprofit dedicated to empowering underserved youth through mentorship, scholarship and grant programs.

Harper served on the President’s Cancer Panel from 2011 to 2018 having been appointed by then Presi-

NAPOLI SHKOLNIK PLLC

2018 LEGAL REPORT

TEAM PROFILES

11

Our Partners For full attorney biographies, please visit napolilaw.com/attorneys.

Salvatore C. Badala

Jennifer R. Liakos

General Counsel

Pharmaceutical Litigation Department

Complex Commercial Litigation Department

Louise R. Caro

Christopher R. LoPalo

Environmental Litigation Department

World Trade Center Litigation

Nicholas R. Farnolo

Danielle J. Marlow

Product Liability Litigation Department

Head of Complex Commercial Litigation Department

Robert Gitelman

Joseph Napoli

Asbestos-Related Litigation

Personal Injury Department

Pharmaceutical Litigation Department

Product Liability Litigation Department

Patrick N. Haines

Shayna E. Sacks

Asbestos-Related Litigation Aviation Accident Litigation

Pharmaceutical Litigation Department

R.J. Hrubiec

Christopher L. Schnieders

Asbestos-Related Litigation

Pharmaceutical Litigation Department

Pharmaceutical Litigation Department

Matthew Lavin Complex Commercial Litigation Department

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12

VERDICTS & SETTLEMENTS

Results on Record Building on the firm’s ongoing success, we represent clients in complex litigation, arbitration proceedings and mediations.

Many of our clients come to us at

MULTI-MILLION FRACKING SETTLEMENT

their most vulnerable. Our

‘Fracking’ Settlement for over 50 residents of Dimock,

representation is a combination of compassion and understanding in addition to the best legal representation we can provide.”

PARTNER MARIE NAPOLI

PA, in actions against a natural gas companies for contamination of their drinking water supply wells.

Featured in the award-winning 2010 documentary Gasland that focuses on the environmental impacts of natural gas drilling operations. $ 2.75 MILLION LABOR LAW SETTLEMENT Our client was on top of an 8-foot A-frame ladder belonging to the construction company, cleaning the elevated sign, when he fell. The uneven sidewalk in front of the restaurant contributed to the accident and as a

$ 2.5 MILLION LABOR LAW SETTLEMENT

result of his fall, our client required multiple surgeries.

Our client was employed as a welder at a job site when

MULTI-MILLION MESOTHELIOMA SETTLEMENT

he fell approximately five feet from an improperly secured scaffold. Due to the fall, our client sustained serious and permanent injuries to his right ankle and spine. $ 1 BILLION WORLD TRADE CENTER SETTLEMENT For injuries sustained by Firefighters, Police Officers, Port Authority Officers, and Construction Workers at Ground Zero and at the Fresh Kills landfill. $ 17 MILLION AVIATION SETTLEMENT This settlement was reached on behalf of four U.S. Military Servicemen who were killed in a UH-60A Blackhawk helicopter crash. The action alleged improper maintenance and servicing of the DynCorp International LLC accident aircraft.

NAPOLI SHKOLNIK PLLC

Our client is a living mesothelioma victim who was exposed to asbestos while working in maintenance in a Pennsylvania power plants for more than thirty years.

Our client was diagnosed with mesothelioma, a cancer of the lining of the lung, more than two years ago. $ 2 MILLION MESOTHELIOMA SETTLEMENT Our client was exposed to asbestos during his career as an insulator. At the direction of the owners and general contractors, he was brought into direct contact with asbestos-containing products through his work. The firm successfully obtained this settlement on behalf of our client and his family against major oil companies such as Exxon Mobile, Shell Oil Co., and Chevron/Union Oil as well as major contractors and products manufacturers.

2018 LEGAL REPORT

VERDICTS & SETTLEMENTS

13

We believe in holding those

$ 11 MILLION ENVIRONMENTAL SETTLEMENT

responsible for our client’s

For a water district serving over 48,000 residents in an

suffering accountable and we are ready to take on the fight.”

action against several industrial entities for contamination. $ 52 MILLION ENVIRONMENTAL SETTLEMENT

PARTNER

For environmental contamination of municipal water

HUNTER J. SHKOLNIK

supplies of MTBE by Petroleum Refiners and Retailers. $ 100 MILLION PHARMACEUTICAL SETTLEMENT This settlement was reached on behalf of the injured

$ 650 MILLION PHARMACEUTICAL SETTLEMENT The firm negotiated this settlement to resolve the claims of approximately 4,000 Pradaxa® users who claimed to have been injured by the drug.

women who used the birth control device, NuvaRing®. $ 7.8 MILLION COMMERCIAL LITIGATION SETTLEMENT Value on behalf of customers whose personal and

$ 3 MILLION CONSTRUCTION SETTLEMENT

financial information was compromised due to the

Our client was working on a construction site, when he

company’s failure to properly protect this information.

fell through an unmarked shaft opening and fell 20 feet.

He sustained catastrophic injuries to his lumbar area, right wrist and fingers, right ankle and foot, left knee,

$ 24.1 MILLION AVIATION JURY VERDICT A UH-1 “Huey” helicopter crashed near Valle, Arizona

and left tibia. A future spinal surgery may be necessary.

shortly after takeoff. The helicopter pilot observed a

$ 8 MILLION FEDERAL COURT SETTLEMENT

land. Suddenly, the main rotors froze in flight causing

The firm obtained this settlement on behalf of a

the helicopter to crash. The pilot was trapped in the

partial loss of transmission oil pressure and began to

senior citizen who was struck by a Mack truck tractor

wreckage for 45 minutes before he was rescued by

trailer while walking in a crosswalk. The pedestrian

the responding paramedics. After less than an hour

suffered a traumatic leg amputation after being run

of deliberating, the eight-person jury returned with a

over by the truck.

unanimous verdict for Plaintiffs.

$ 4.1 MILLION SETTLEMENT Our client suffered severe and permanent injuries as a result of a 2013 car accident caused by a negligent

Effective case management is a

driver. As a result of the impact, our client sustained

key component to success. We

serious and permanent injuries to his lumbar spine, his bladder, his left foot and shoulder and required multiple, extensive surgeries.

strive to provide excellent customer service while working towards justice for our clients.”

$ 2.5 MILLION SECURITIES SETTLEMENT Against an investment advisor firm for breach of their

OF COUNSEL

fiduciary duties to their clients.

PAUL J. NAPOLI

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The Pressroom The partners and attorneys of Napoli Shkolnik PLLC remain at the forefront of many litigations and therefore are sought after speakers. They have been interviewed in newspaper and magazine articles around the country on a variety of legal issues.

The firm’s “Best Law Firms” accomplishment on display in Times Square.

NAPOLI SHKOLNIK PLLC

2018 LEGAL REPORT

IN THE PRESS

15

FOX 45 NEWS

FIVE ON CBS 2

WBOC 16

City of Dayton Press Conference

City of Dayton Files Federal Lawsuit

Hazardous Waste in Water Supply

October 9, 2018 | Paul Napoli

October 9, 2018 | Paul Napoli

May 16, 2018 | Louise Caro on

on the firefighting foam polluting

and local officials speak about

the PFOA Water Contamination

community water supplies.

water contamination.

discovered in Blades, DE.

ABC 12

FOX NEWS: FOX & FRIENDS

FOX 5 NY

City of Flint Water Emergency

Opioid Epidemic February 12, 2018 | Marie Napoli

Westchester County Press Conference

February 21, 2018 | Hunter J.

discusses the nationwide opioid

February 7, 2018 | Paul Napoli

Shkolnik on how Hill Harper has

crisis.

discusses the impending litigation

teamed up to combat the Crisis.

in this county.

WSBTV 2 GEORGIA

ABC AFFILIATE KTBS

Georgia Opioid Lawsuits

Louisiana Opioid Lawsuits

January 10, 2018 | Shayna Sacks

January 9, 2018 | Hunter Shkolnik

Sometimes even heroes need

explains that the firm takes on

explains how Shreveport joins the

help. Napoli Shkolnik PLLC is the

the expenses 100%.

opioid class action lawsuit.

law firm they turn to.

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NATIONWIDE

“Heroes” Television Spot

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16

BLOOMBERG OPINION | BLOOMBERG.COM

IN THE PRESS

With Trump MIA on Opioids, Here Come the Lawyers January 12, 2018 | Joe Nocera

HOW IS THE U.S. GOING TO END ITS OPIOID CRISIS?

Nobody has ever accused me of

The answer really shouldn’t be that difficult. The pres-

giving up for a little bit of money”

ident goes on TV to declare a national emergency. He

said Paul Napoli. He insisted that the goal

increases the budget of the Substance Abuse and

isn’t just to force a financial settlement on

Mental Health Services Administration by several bil-

the drug companies, but to force them to

lion dollars, with the money earmarked for curbing opioid addiction. The Department of Health and Hu-

make “substantial changes.

man Services cracks down on excessive opioid distri-

But using litigation to effect change also has its critics,

bution, while the Justice Department goes after opioid

who say that Congress, not the legal system, should

manufacturers like Purdue Pharma Inc., distributors

do that kind of work; that the lawyers are motivated

like McKesson Corp. 1 and egregious overprescribing

more by the fees than the problem; and that there are

doctors. At the same time, the government under-

far too many lawsuits where the evidence of wrong

writes therapies that block opioid cravings and takes

doing is thin. And yes, I’ve been one of those critics.

other steps to help addicts break the habit. As the number of opioid-related deaths declines, the president takes a victory lap as his re-election nears.

I remember in particular the tobacco litigation of the mid-1990s, in which plaintiff’s lawyers teamed up with states to sue Big Tobacco, vowing to eradicate smok-

Inexplicably, President Donald Trump seems uninter-

ing. Instead, the tobacco companies settled for $246

ested in taking these obvious steps. Yes, he created an

billion, enriching both the states and the lawyers. Al-

opioid commission, whose recommendations he has

though the settlement included some changes in how

ignored, and declared a “national health emergency.”

companies could market cigarettes, few in the an-

But instead of adding funding, he actually proposed

ti-tobacco community believe that the settlement has

cutting the substance abuse budget by $400 million.

made much of a difference. Though smoking rates

And of course nothing signaled Trump’s lack of seri-

have declined, there are still 400,000 Americans who

ousness than the person he named to be his “opioid

die each year from cigarettes.

czar”: Kellyanne Conway, the spinmeister best known for rebranding Trump’s fantasies as “alternative facts.”

And who else is there to tackle opioids? Who else has

One unique aspect of American culture is that when

incentive to go toe-to-toe with a powerful company

the resources, the skill, the stamina and the financial

the government won’t stop corporate wrongdoing,

like McKesson, which, with $192 billion in revenue,

the plaintiff’s bar rushes in to fill the void. Without

ranks fifth on the Fortune 500? Only the plaintiff’s law-

question, plaintiff’s lawyers have made a difference —

yers.

many products are safer, and many corporate behaviors have changed because of lawsuits or the threat of lawsuits.

NAPOLI SHKOLNIK PLLC

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2018 LEGAL REPORT

COOK COUNTY RECORD

IN THE PRESS

17

Makers of Taxotere Breast Cancer Drug Hit with Lawsuit Over Hair Loss Allegedly Caused by Drug January 22, 2018 | Louie Torres

CHICAGO — Several consumers are suing Sanofi U.S.

The plaintiffs hold the defendants

Services Inc.; Winthrop U.S.; Hospira Worldwide LLC;

responsible for allegedly failing to warn

McKesson Packaging; Sandoz Inc.; Accord Healthcare Ltd.; and Does Inc. for alleged breach of implied warranty, design defect and product liability.

them about the possibility of hair loss from using Taxotere.

Linda Rice, Robert Rice, Antoinette Clark, Vernon R. Clark, Sonia Collins, Earnest Collins, Bianca Conklin, John Conklin, Lynell Daggs, Michael Daggs, Madeleine Dwolakowski, Victor H. Musmanno, Karen Gilyard, David A. Gilyard, Nicole C. Gorman, Michael Gorman, Dawn V. Graves, Gretchen Graves, Marjorie Hunt-Bluford, Acy Bluford and several others are named as plaintiffs.

The plaintiffs filed a complaint on Dec. 13 in Cook County Circuit Court, alleging the defendants manufactured a defective drug used to treat breast cancer.

According to the complaint, the plaintiffs allege they suffered hair loss that they allege was proven to be the result of using Taxotere to treat breast cancer.

The plaintiffs hold the defendants responsible for allegedly failing to warn them about the possibility of hair loss from using Taxotere.

The plaintiffs request a trial by jury and seek judgment against the defendants in an amount determined at trial plus damages, special damages, treble damages, court costs, interest, all other damages proven in trial and any further relief this court grants. They are represented by Paul J. Napoli and Mark Twain Plaza II of Napoli Shkolnik PLLC in Edwardsville.

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18

THE RECORDER

IN THE PRESS

Alsup Certifies a Class of Uber Drivers in Suit Over Fees February 15, 2018 | Ross Todd

SAN FRANCISCO — The federal judge who oversaw

Lawyers from California and New York

Uber’s trade secrets trial showdown with driverless

City offices of Napoli Shkolnik sued Uber

car rival Waymo has certified a class of Uber drivers in a separate case claiming the company takes an oversized chunk of the fees charged to passengers.

U.S. District Judge William Alsup of the Northern District of California, who called Waymo v. Uber “ancient history” during a hearing where the parties

in February 2017 on behalf of North Carolina Uber driver Martin Dulberg, claiming the company continues to pay drivers based on actual ride times and distances even though it moved to

announced a settlement last week, issued an order

an “upfront” pricing model in autumn

Wednesday evening certifying a class in the driver suit,

2016 that charges passengers based on

Dulberg v. Uber Technologies. Alsup’s class certifica-

estimated ride lengths, which tend to be

tion order currently remains under seal, but the judge publicly filed a notice of the factors he’ll take into ac-

longer.

count upon reviewing any proposed class settlement

to dismiss, argued in their opposition to class certifi-

in the case.

cation that the case was unfit for class treatment. The

Uber Technologies Inc. representatives didn’t immediately respond to an email message Thursday morning.

O’Melveny lawyers argued that determining whether any particular driver would benefit from calculating their portion of the fee from the “upfront” price would

Lawyers from the El Segundo and New York City of-

be “an individualized issue dependent on his or her

fices of Napoli Shkolnik sued Uber in February 2017

unique driving history.”

on behalf of North Carolina Uber driver Martin Dulberg, claiming the company continues to pay drivers based on actual ride times and distances even though it moved to an “upfront” pricing model in autumn 2016 that charges passengers based on estimated

But Alsup agreed with the plaintiffs who argued in their brief that the case was “tailor-made for class certification” since it involved an alleged breach of a form contract between Uber and all of its drivers.

ride lengths, which tend to be longer. According to

A partner in Napoli Shkolnik’s New York office who is

the complaint, the new pricing model means Uber

leading the plaintiff’s case, said Alsup’s ruling “is sig-

has kept a higher percentage of the overall charges to

nificant because it allows the named plaintiff to pros-

passengers in violation of its contractual agreement

ecute this case on behalf of drivers throughout the

with drivers.

country.”

Uber’s defense lawyers O’Melveny & Myers, who subbed into the case for counsel at Coblentz Patch Duffy & Bass since Alsup denied the company’s motion

NAPOLI SHKOLNIK PLLC

2018 LEGAL REPORT

NEWSDAY | NEWSDAY.COM

IN THE PRESS

19

Hampton Bays Water District Sues Over Contaminated Wells March 1, 2018 | Vera Chinese

THE HAMPTON BAYS Water District has filed a law-

The Hampton Bays Water District has filed

suit against the makers of chemicals that have con-

a lawsuit against the makers of chemicals

taminated wells in the hamlet claiming the companies knew the compounds were toxic and would not biodegrade.

The lawsuit, filed in state Supreme Court last Wednesday, names The 3M Co., Buckeye Fire Equipment Co.,

that have contaminated wells in the hamlet claiming the companies knew the compounds were toxic and would not biodegrade.

Chemguard Inc., Tyco Fire Products LP and Nation-

Exposure to the perfluorinated compounds can af-

al Foam Inc., all of which sold aqueous film-forming

fect the immune system and fetal health and devel-

foam containing perfluorinated compounds (PFCs).

opment, as well as cause liver damage, cancer and

“Defendants knew it was substantially certain that their acts and omissions . . . would cause injury and dam-

thyroid problems, the U.S. Environmental Protection Agency has said.

age,” states the lawsuit filed by Manhattan-based law firm Napoli Shkolnik.

The foam was often used for firefighting and training.

The state Department of Environmental Conservation was investigating the Hampton Bays Fire Department as the cause, but it is not clear if a determination has been made.

The district, a department of Southampton Town, is seeking “compensatory damages only” but does not specify an amount.

Three of the 11 wells in the district, which serves 7,000 households and withdraws one billion gallons from the aquifer annually, were found to be contaminated with PFCs and have since been taken offline, according to the suit.

The first well was taken offline in May 2016. Contamination was discovered in the other two wells in 2017, with one taken offline in July and the other in September of that year.

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20

ST. LOUIS RECORD

IN THE PRESS

Former Penn Central Railroad Employee Alleges PCB Exposure Caused Cancer March 29, 2018 | Lhalie Castillo

ST. LOUIS — A Florida man formerly employed as a

The plaintiff was employed by Penn

firefighter in Indiana and St. Louis for Penn Central

Central Railroad from 1968 to 1970. He

Railroad alleges he developed cancer because of exposure to toxic agents.

Frank Brackin filed a complaint on March 19 in the St. Louis 22nd Judicial Circuit Court against American Premier Underwriters Inc. alleging violation of the Federal

alleges that as a result of his exposure to polychlorinated biphenyl compounds (PBCs) during his employment with Penn Central, he developed bladder cancer.

Employers Liability Act. According to the complaint, the plaintiff was employed

by Penn Central Railroad from 1968 to 1970. He alleges that as a result of his exposure to polychlorinated biphenyl compounds (PBCs) during his employment with Penn Central, he developed bladder cancer.

The plaintiff holds American Premier Underwriters Inc. responsible because the defendant allegedly failed to warn plaintiff of the life and health-threatening dangers of PCBs and failed to implement policies and procedures to eliminate or reduce his exposure to it.

The plaintiff requests a trial by jury and seeks compensatory damages. He is represented by Wilson D. Sikes of Napoli Shkolnik PLLC in Edwardsville.

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21

Opioid Judge Allows Some Discovery, Motions to Go Forward in MDL March 7, 2018 | Amanda Bronstad

FOLLOWING TWO MONTHS of settlement talks, a

Judge Garguilo has recognized—

federal judge overseeing hundreds of opioid lawsuits

and as recently as last week talked

has allowed lawyers to proceed with some discovery and motion filings.

In a minute order Cleveland told lawyers in the multidistrict litigation to come up with a plan by March 16 over the scope and timing of a “litigation track.”

“The parties reported important and substantial progress on several fronts, but also identified various barriers to a global resolution,” he wrote. “To varying degrees, the parties agreed that the quickest way to surmount at least some of these barriers is to put into place a limited litigation track, including discovery, motion practice and bellwether trials.”

It’s a marked shift for Polster, who has focused almost entirely on settling the cases. At a Jan. 9 hearing, he told lawyers he wasn’t interested in “a whole lot of finger-pointing,” discovery, trials or answers to “interesting legal questions.” But Polster also directed special masters to continue settlement talks with dozens of lawyers in the MDL. He’s also scheduled a settlement conference for May 10.

Plaintiffs lawyers with opioid cases said Polster’s order, which followed a hearing on Tuesday, acknowledged that a settlement could not happen without the pressure of trial.

“The parties all pretty much agreed that the settlement efforts to try to do something now that would specifically address the continued marketing, sale and use

about —the discovery needs to be ongoing so that the parties understand the information that’s out there to be able to frame a proper settlement,” said Paul Napoli of Napoli Shkolnik. puzzle: That is, there are claims for damages for past conduct.”

He added “the defendants legitimately believe there are some legal defenses that as a matter of law they should be able to put forth, and plaintiffs believe there has to be more transparency in discovery related to what has taken place. And both parties believe you have to use the tools the court has available to allow the parties to develop both their affirmative claims and their defenses.”

Plaintiffs lawyers have pressed for a U.S. Drug Enforcement Administration database that would indicate which defendants sold most of the prescription painkillers, and i what amounts. The U.S. Department of Justice haggled over the request for months. On Monday, less than a week after Attorney General Jeff Sessions announced the DOJ’s new opioid task force, government lawyers agreed to release the data as long as it was confidential. Polster approved that protective order.

A lot more discovery is needed, lawyers say.

of opioids is one thing that everybody’s interested in,” said Joe Rice of Motley Rice, who is co-lead counsel in the opioid MDL. “But there’s still another piece of the

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THE SPOKESMAN - REVIEW

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Neighbors of Fairchild Air Force Base Sue Makers of Toxic Fire Retardant, Including 3M Co. April 11, 2018 | Chad Sokol

NEARLY 100 PEOPLE who live near Fairchild Air

Nearly 100 people who live near Fairchild

Force Base have filed a federal class-action lawsuit

Air Force Base have filed a federal class-

against manufacturers of a firefighting foam that has contaminated the area’s water supply.

The plaintiffs claim they have suffered from an array of serious health problems caused by the water contamination, which resulted from decades of foam runoff from a training site on the air base. Some also claim the pollution has diminished their property values.

The defendants include 3M Co., which used perfluorinated chemicals, or PFCs, in fire retardant as well as its popular Scotchgard fabric protectant. In February, the company paid $850 million to settle a similar lawsuit in Minnesota, where state officials claimed the chemicals were dumped at sites near Minneapolis for more than 40 years, poisoning wildlife and drinking water.

3M did not respond to a message seeking comment Tuesday, but in a statement announcing the Minnesota settlement, a company vice president, John Banovetz, said “we do not believe there is a PFC-related public health issue.”

The case involving Fairchild was filed last week in the U.S. District Court for Eastern Washington. The plaintiffs are represented by local attorneys, including Breean Beggs, who’s also a Spokane city councilman, and Andrew Biviano, who recently stepped down as

action lawsuit against manufacturers of a firefighting foam that has contaminated the area’s water supply. ination and other environmental issues.

The American military is spending hundreds of millions of dollars to mitigate PFC contamination at bases across the country.

Biviano has previously filed a tort claim, a precursor to a lawsuit, against the Air Force over the water contamination at Fairchild, but the class action does not name the Air Force as a defendant. Suing the U.S. government, he said, “is a different creature.”

“There are multiple parties that could be held liable for this,” Biviano said. “For something like this – such a disaster – mistakes were probably made all along the way.”

The lawsuit alleges the foam manufacturers acted negligently by creating a dangerous product and selling it without adequate warnings and instructions for its use.

“You shouldn’t be sending it out at all if you know it’s going to be used dangerously,” Biviano said.

chairman of the Spokane County Democratic Party.

They also are working with Napoli Shkolnik, a

Read full article at bit.ly/2vpRAei

heavy-hitting New York firm that has secured major settlements in cases involving fracking, water contam-

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Flint Man Who Sued State Sounds Off About High Level of Lead in Home’s Water April 17, 2018 | Ann Pierret

SINCE THE WATER SWITCH to the Flint River in 2014,

We’re approaching the four year

Allen said he’s been using bottled water for everything.

anniversary of the switch to the

He was going to the state-run water PODs to pick up a few cases every week.

Flint River for the Flint Water Treatment Plant and there are still homes in Flint

Last Tuesday, the state shut down the sites.

that are receiving contaminated water

The Governor’s Office said the water has been testing

[says Attorney Patrick Lanciotti]. And that

well below the federal action level for lead for more

means, that the people in Flint deserve a

than 18 months, so the free bottled water was no lon-

potable and safe drinking water source

ger needed.

Bryant said he begs to differ. And that’s why he teamed up with the firm Napoli Shkolnik, based in New York, to file an emergency injunction Tuesday.

“Little guy, you don’t stand a chance against the state, come on now,” he explained. “They’d sweep me under the rug. So, it’s good to have a big law firm that’s capa-

and that is a requirement that the state must uphold.”

They should be obligated to pay til the end,” he said.

His attorney, Patrick Lanciotti added, “We’re approaching the four year anniversary of the switch to the Flint River for the Flint Water Treatment Plant and

ble of doing battle with us. So I feel good.”

there are still homes in Flint that are receiving con-

Bryant’s water test results from January 2018 show his

Flint deserve a potable and safe drinking water source

lead level at 1330 parts-per-billion.

and that is a requirement that the state must uphold.”

The law firm compiled a list of results dated between

A Judge is expected to hear arguments from both

January and April of this year from multiple homes.

sides as soon as possible.

Over a dozen also show lead levels above the federal action level.

taminated water. And that means, that the people in

The state does not comment on litigation.

That’s why they’re asking a federal judge to force the state to re-open the PODs. Bryant said he has to start paying for the bottled water and doesn’t think that’s right.

“It’s not fair because that’s something they started.

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WBOC 16

IN THE PRESS

Law Firm Plans Class Action Suit in Blades Water Contamination Case May 15, 2018 | Madeleine Overtuf

BLADES, DEL. — The law firm Napoli Shkolnik PLLC

The law firm Napoli Shkolnik PLLC has

has announced plans to file a class action lawsuit after

announced plans to file a class action

the town of Blades’ water was found to have elevated levels of perfluorinated compounds (PFCs).

Louise Caro, the firm’s environmental law department head, says they’ve had a number of people approach them with health concerns, such as thyroid issues and pregnancy complications. She says right now they are collecting clients and trying to determine who or what caused the contamination.

“If there’s a facility and it’s part of their chemical process, then that facility for sure would be the only one on the hook,” she tells WBOC. “But if they bought from somebody else and they are using it and this is what’s causing it then they both will be responsible.”

Caro says in the suit, they will ask for a medical monitoring fund, which would pay for clients to be proactively tested for diseases possibly contracted from long term exposure to the contaminated water.

“The defendants would pay,” she says. “So that way [clients] would make sure if there are any diseases that would be expected, they would catch them early so there is less chance that they are going to impact their lives as much.”

lawsuit after the town of Blades’ water was found to have elevated levels of perfluorinated compounds (PFCs). scheduling expanded well tests to help find the source.

“Right now they are working on sampling plans,” she says. “Wells that need to be sampled and the time frame [to be tested]-- like every three months or six months.”

Prettyman says after the results come back, the town and DNREC can develop their next steps. She says once the information is in, they will hold a public meeting, as they did many times when the situation first arose.

“When the information came out that we had contaminants in our wells, we were finding this information out at the exact same time as everybody,” she says.

“As soon as we knew, the public knew, and we needed to rectify the situation.”

The town’s water has been safe to drink since they put in a new carbon filtration system. Prettyman says they are considering purchasing another system as a back-

Caro says the suit would only be against the party

up, and making further improvements to their water

responsible for the contamination, not the town of

treatment plant. She says the town is also looking at

Blades or any Delaware state agencies.

expanding their water service to private wells that cur-

The potential suit comes as the Department of Natural Resources and Environmental Control is still investigat-

rently are using temporary filters to make the water safe to drink.

ing the cause of the contamination. Blades Town Administrator Vikki Prettyman says the agency is currently

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25

Lawsuit Alleges CMP Workers Were Told to Blame Customers for Their High Bills August 16, 2018 | Edward D. Murphy

A TRIO OF LAW FIRMS filed an amended lawsuit

The law firms estimated the suit could

Wednesday against Central Maine Power Co., adding

eventually cover 297,000 CMP customers,

an allegation that the company instructed workers to falsely tell customers that excessive bills were the result of high usage or other problems caused by con-

nearly half the company’s customer base in southern and central Maine. That

sumers, rather than by the company’s faulty billing

would make it the largest, by far, class-

and metering systems.

action suit in Maine history.

Thousands of CMP customers complained this past

said. The company’s policy, according to the complaint,

winter that their electric bills shot up dramatically

was intended “to conceal the unauthorized charges

in December, January and February compared with

that CMP was attempting to collect.” The suit filed in

a year earlier. Maine’s public advocate said nearly

Cumberland County Superior Court amends an earlier

100,000 customers had bills that were at least 50 per-

complaint that accuses CMP of overcharging custom-

cent higher than the previous year.

ers. The original lawsuit was filed July 19. The law firms

At the time, CMP said the higher bills were related to electric rates that had increased in the early fall, and a midwinter cold snap.

The Maine Public Utilities Commission and an independent auditor are investigating the complaints. Gail Rice, a spokeswoman for CMP, vigorously denied the allegations in the suit. She said the company is conducting its own internal review to see if a new billing system that went into use last fall, or problems with

are seeking class-action status for the lawsuit, and it could become the largest such suit in state history.

The amended suit doesn’t provide evidence of the fraud allegations. In a news conference Wednesday, lead lawyer Sumner Lipman said he has proof that instructions were given to CMP customer service reps to blame customers for the high bills, but he declined to provide any details, saying such information would endanger CMP employees’ jobs.

the company’s “smart meter” technology, were re-

Damages in the suit are not specified. Lipman said three

sponsible for higher bills.

of the four counts call for damages based on the amount

Rice said CMP’s review has so far not found “any systemic issues” in its operations that might be behind the higher bills.

that CMP allegedly overcharged customers. The fourth count – the fraud allegation – would allow customers to claim damages for specific acts that took place as a result of CMP’s responses to their complaints, such as

However, the amended lawsuit accuses the company

hiring an electrician to check their electricity consump-

of committing fraud based on allegations that CMP’s

tion or rewire a house, along with punitive damages.

customer service workers were “trained to always tell the customers that any charges or abnormalities in the bills were the customer’s fault and not CMP’s,” the suit

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LAW 360

IN THE PRESS

Tyco, 3M, Others Want Out of Foam-Contaminated Water Suit September 11, 2018 | Michael Phillis

TYCO FIRE PRODUCTS LP, 3M CO. and other compa-

Paul Napoli of Napoli Shkolnik

nies that produced a fire suppressant foam have told a

PLLC, which is representing the

Massachusetts federal court that a suit filed by a group of Cape Cod residents claiming the product caused illnesses should be tossed, arguing the allegations couldn’t properly be connected to specific manufacturers.

The motion to dismiss filed Monday accuses those who brought the suit of making general allegations that lack enough facts to connect the use of aqueous film forming foam, or AFFF, to the companies ensnared in the suit.

residents, said it was absurd for the companies that had contracts to supply the foam to suggest that there wasn’t a sufficient link to sustain the suit. case to survive, the companies said.

“Not only do plaintiffs offer no basis to connect specific defendants to plaintiffs’ purported injuries (as they must to state a claim), but they affirmatively allege

The Cape Cod residents allege the fire-suppression

that it is ‘impossible’ to identify ‘the specific manu-

foam included two chemicals — perfluorooctane-

facturer of any given AFFF that was the source’ of the

sulfonic acid and perfluorooctanoic acid — that the

[chemicals] that allegedly harmed them,” the filing

companies knew caused a range of health problems

said. “All of their claims thus fail as a matter of law for

including high blood pressure and thyroid disease.

lack of the requisite causation.”

But because residents’ claims cannot link chemicals released into the environment to a specific company, the court shouldn’t allow the suit to move forward, the companies said.

“Plaintiffs do not plead any basis to identify which defendant or defendants, if any, are responsible for their alleged injuries,” the motion said. “As this court has recognized, the failure to ‘draw a connection between each specific defendant’s products’ and plaintiffs’ al-

The motion also said several theories the complaint asserted to apply liability to the group of manufacturers shouldn’t be allowed. The companies shouldn’t be liable “in proportion to their share of the ‘market’” because it was likely to “impose liability on innocent defendants as well.”

Plus, there’s no “signature disease” from the chemical exposure — instead plaintiffs claim a range, according

leged injuries requires dismissal of plaintiffs’ claims.”

to the motion. And without a signature disease, courts

The foam was used during exercises at the Barnstable

ing to the filing. Several other theories of liability as-

Fire Training Academy and Barnstable Municipal Air-

serted in the complaint should also fail, according to

port, the complaint said.

the companies.

have been skeptical of market share theories, accord-

The complaint asserts that AFFF was used “from the 1960s onward” but doesn’t actually connect that use

Read full article at bit.ly/2CYR3nq

with specific manufacturers — a requirement for the

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CBS and Miami Station in Spotlight, Sued for Age and Gender Discrimination in News Industry September 17, 2018 | Vice-Queen Maria

GILLEN’S CASE IS JUST ONE OF MANY in a banner

According to the lawsuit, the local human

year for women’s rights, and what a week for CBS on

resources manager informed Gillen that

the eve of the one-year anniversary marking the Harvey Weinstein bombshell that gave rise to the #MeToo movement.

When is it OK to discuss menstruation cycles in the newsroom or boardroom? Never. That’s what investigative reporter Michele Gillen implies in an age and gender discrimination lawsuit her attorneys filed Friday at a federal district court against her former employer Miami’s CBS WFOR-TV and its parent network.

“we must rely on the man upstairs [God].”

The menstruation anecdote is just one of many detailed in the 22-page complaint that describes an allegedly hostile workplace favoring male or younger female colleagues, and where special projects manager Cari Hernandez allegedly confided in a cameraman: “I can’t stand that old bitch.” The suit claims that degrading treatment and retaliation became part of Gillen’s workday, which included blocked airtime

Gillen’s career spans more than two decades earning

and a punitive work quota that sabotaged her out-

accolades for her work at Miami’s CBS 4, during which

put — all actions that would violate Title VII of the Civil

time she garnered 25 regional Emmy Awards and 46

Rights Act of 1964 gender discrimination protections

nominations for investigative series that included for-

as well as the Age Discrimination in Employment Act

ays into the underbelly of Miami’s human trafficking

of 1967 (ADEA).

and prison world. The veteran reporter is one of a handful of women in male-dominated industry who

AS THE LAWSUIT DESCRIBES:

has held sway as a hard news reporter. She was vot-

“From the corporate headquarters in New York to CBS

ed Miami New Times Best TV Reporter in 2014, and

owned and operated station WFOR-TV in Miami, CBS

lauded for “the kind of boundary-pushing broadcast

management owned and operated station WFOR-TV

journalism that has made Gillen among the most dec-

in Miami, CBS management and human resources is

orated reporters in Miami history.”

entrenched in what can generously be described as

In the lawsuit, Gillen alleges that Jim DeFede, another reporter at the station, hurtled “false and humiliating accusations” at her in a 2014 staff meeting — a witness describes Gillen as being “cannibalized.” DeFede also allegedly said that he was done trying to figure out

the ‘good ole boys club’ culture, which fosters misogyny, places men on a pedestal, elevates and protects men despite bad behavior, emboldens and protects bullies; and,often with the help of bullies, pushes women out who are beyond the age of 40.”

which stories might appeal to “women who are menstruating and watching Blue Bloods.”

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NEW YORK LAW JOURNAL

IN THE PRESS

Judge Refuses Drugmakers’ Bid to Dismiss New York Opioid Cases June 18, 2018 | Amanda Bronstad

A NEW YORK STATE COURT JUDGE has refused to

This is foreshadowing of more to

dismiss lawsuits against several opioid manufacturers

come, frankly, from the MDL,” said

in some of the first substantive rulings to come out of the barrage of cases brought by governments over the prescription painkillers.

In a pair of rulings on Monday, Suffolk County Supreme Court Judge Jerry Garguilo rejected motions to dismiss brought by Purdue Pharma, Endo Health

Paul Napoli, of counsel at New York’s Napoli Shkolnik and co-lead plaintiffs counsel in the New York cases. “I think the judge had a well-thought-out decision covering multiple issues raised

Solutions, Teva Pharmaceuticals, Allergan, Johnson

throughout not only New York but around

& Johnson’s Janssen Pharmaceuticals Inc. and Insys

the country.”

Therapeutics Inc. He allowed cases brought by New York counties to go forward alleging violations of New York’s consumer fraud and false advertising laws, as well as public nuisance, negligence, fraud and other claims.

“The plaintiffs allege the manufacturer defendants employed assiduously crafted, multi-pronged marketing strategies that targeted the general public through websites, print advertisements, and educational materials and publications as part of their respective campaigns to change the perception of the risks associated with prescription opioids and to de-stigmatize and normalize the long-term use of opioids for chronic nonmalignant pain,” he wrote. The defendants also hired “key opinion leaders” and funded “front groups” such as the American Pain Foundation and the American Academy of Pain Medicine.

“The manufacturer defendants’ argument that the plaintiffs must allege and prove a particular misstate-

counties to spend money on treatment programs for those who were addicted or overdosed. “Thus, the plaintiffs here are not simply seeking to recoup medical and drug cost incurred by their employees and Medicaid beneficiaries,” he wrote.

The ruling comes as many of the same manufacturers have moved to dismiss claims in the federal multidistrict litigation in Cleveland.

“This is foreshadowing of more to come, frankly, from the MDL,” said Paul Napoli, of counsel at New York’s Napoli Shkolnik and co-lead plaintiffs counsel in the New York cases. “There’s certainly overlap in theories and arguments at both levels. This is the first court to really address all the substantive arguments in light of all the avalanche of cases filed, and I think the judge had a well-thought-out decision covering multiple issues raised throughout not only New York but around the country.”

ment led a specific physician to write a particular opioid prescription for a patient is rejected,” he wrote.

Read full article at bit.ly/2M7q2xN

The defendants created a public health crisis that led

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IN THE PRESS

29

Exclusive: Are Love Canal Chemicals Still Making People Sick?

June 1, 2018 | Dan Herbeck

NIAGARA FALLS – Searingly painful migraine head-

Niagara Falls residents have been

aches. Noxious chemical smells so strong they keep

living in the vicinity of the Love

her awake at night. A lung problem that has been diagnosed as pulmonary fibrosis.

According to Dolly Salerno, 75, and her attorney, those ailments are the price she pays for living close to Love Canal, one of the world’s most infamous hazardous waste sites.

“The smells get worst at night, around 2 in the morning,” Salerno said Wednesday after launching a federal lawsuit alleging that toxic chemicals are leeching from the Niagara Falls waste site into her nearby home on 100th Street. “My husband wants us to sell our home, but I can’t sell this home in good conscience, especially not to a family with children. This house is uninhabitable.”

Not everyone in her neighborhood agrees with Salerno’s view.

“My family has been here 22 years, and we’ve never had any problems like that,” said Ella Chandler, 66, who lives three houses closer to Love Canal than Salerno does. “The only unusual smell I ever noticed is an occasional skunk. My own feeling is, if someone is imagining problems like that, and they don’t like it here, they should just get out.”

Chandler added: “My husband is battling cancer – lymphoma – but we don’t believe that has anything to do with Love Canal.”

The lawsuit filed late Tuesday by lawyers for Salerno

Canal site on the promise that the approximately 22,000 tons of … chemical waste … was safely contained and did not pose, and would not pose, a threat of any kind to them, their children or their property,” the New York City-based attorneys said in court papers. “That promise has not been kept.” the Love Canal neighborhood is a safe place for families to live.

Hundreds of families occupy homes within a few blocks of the toxic waste site, which was temporarily evacuated in 1979, after nearly 22,000 tons of dangerous chemicals were found.

Residents were evacuated after then-President Jimmy Carter declared portions of the neighborhood an environmental disaster. Once the families moved out, hundreds of millions of dollars were spent to clean up the neighborhood and make sure the chemicals were safely buried.

After capping the hazardous material in an underground treatment facility and surrounding the dump with a tall chain-link fence, the federal government authorized the resettlement of the area around the landfill in the 1990s.

and another neighborhood resident, Diane Amantia, is the latest legal challenge to assertions by the federal, state and City of Niagara Falls governments that

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THE LEGAL INTELLIGENCER

IN THE PRESS

Trucking Company Can’t Escape Negligence Action Over Driver’s Accident October 8, 2018 | P.J. D’Annunzio

A TRUCKING COMPANY and its founder will remain

The defendants also claimed the plaintiffs failed to

in federal litigation claiming it is responsible for the

plead sufficient factual allegations as to the negligent

alleged reckless conduct of one of its drivers who

hiring claim, arguing they had not shown the com-

caused an accident.

pany knew of “Best’s alleged propensity to drive in a

A trucking company and its founder will remain in fed-

reckless manner.”

eral litigation claiming it is responsible for the alleged

The plaintiffs sought to go after Robert Arsenberger

reckless conduct of one of its drivers who caused an

personally.

accident. U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied a motion led by defendant Arsenberger Trucking, its founder Robert Arsenberger, and the driver seeking to dismiss two counts of plaintiffs Arthur and Joanne McMahon’s complaint.

The lawsuit stems from a 2015 accident in which the plaintiffs were injured when driver Roman Best rear-ended the car driven by Joanne McMahon. The defendants sought to dismiss counts two and three of the complaint, dealing with negligence and punitive damages, for being outside the statute of limitations.

“Taking plaintiffs’ allegations in the light most favorable to plaintiffs, as the court must at this stage, the addition of counts two and three is not time-barred because the claims relate back to the same occurrence

“Defendant’s motion to dismiss plaintiffs’ claims will be denied. Piercing the corporate veil of a corporation ‘is an equitable remedy whereby a court disregards the existence of the corporation to make the corporation’s individual principals and their personal assets liable for the debts of the corporation,’” Baylson said.

The judge added, “plaintiffs do not need to pierce the corporate veil for a jury to nd defendant Arsenberger personally liable. If defendant Trucking Co., the corporate defendant, does not have assets to satisfy the eventual judgment, then piercing the corporate veil may become relevant.”

Salvatore A. Clemente of WIlson Elser Moskowitz Edelman & Dicker represents the defendants and did not respond to a request for comment.

set forth in the original pleading—the accident,” Bayl-

W. Steven Berman of Napoli Shkolnik in New York City

son said. “Further, the addition of defendant [Robert]

represents the plaintiffs and also did not respond to a

Arsenberger as a party also relates back to the date of

request seeking comment.

the original pleading because Arsenberger had constructive notice of the suit as the president, owner, and chief operating officer of defendant Trucking Co., a party to the original pleading. Therefore, plaintiffs’ additional claims and the amended claims against defendant Arsenberger personally, including punitive damages, will not be dismissed.”

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31

City of Dayton Files Lawsuit Against Companies Related to PFAS Contamination October 3, 2018 | Gabi Warwick and Allen Henry

DAYTON, OHIO (WKEF/WRGT) — The City of Day-

We settled earlier this year for

ton announced Wednesday that it has filed a lawsuit

$850 million with the 3M

against companies in connection with chemicals that were found in the city’s water supply.

The suit was filed in federal court against 3M Company, Buckeye Fire Equipment Company, Chemguard, Inc., Tyco Fire Products L.P., and National Foam, Inc., who manufactured, marketed and sold a firefighting foam product that contained PFAS (Per and polyfluroalkyl substance).

The product had been used for decades for firefighting and fire training by civilian and military airports, fire departments and industrial facilities.

company,” said attorney Paul Napoli “It’s not uncommon for the cost associated with remediating PFAS to be in the range of ten to twenty million dollars a well.”

Napoli said there are 180 wells in Dayton, so the damages could be “significant.” associated with the efforts.

“These guys knew what they were creating was harmful to the community and harmful to the water supply. For 40 years, they did nothing. We want them to

“These products were only used by the City of Dayton

pay to clean it up and so I think really, the message is

because we were unaware of the serious risk they

you need to be a good corporate citizen when you’re

pose,” Mayor Nan Whaley said. “Ratepayers should

a multinational corporation,” Whaley said. In February,

not be responsible for cleaning up the contamination

the city found elevated levels of PFAS in the water sup-

caused by these companies products” PFAS and related chemicals are toxic and non-biode-

ply near Huffman Dam, which is near Wright-Patterson Air Force Base. Since then, officials

grade, and can pose serious risks to human health

have been working with the base and the Ohio EPA to

and safety.

monitor the levels in the water.

The EPA limits the amount of PFAS in water to less

A New York law firm with experience with both the

than 70 parts per trillion.

chemicals and manufacturers has been hired to lead

Currently, readings show the city of Dayton has between 7 and 15 parts per trillion in raw water. Officials

the lawsuit. Earlier this year, the firm landed a major settlement in a similar case out of Minnesota.

said no PFAS have been found in drinking water.

Whaley and city leaders stressed that the water supply is safe, but that the lawsuit is part of an effort to keep it that way, as officials look to recover costs

Read full article at bit.ly/2OadQ52

32

HUDSON VALLEY PRESS

IN THE PRESS

Hill Harper Leads Meeting On Water Contamination June 27, 2018 | Jennifer L. Warren

NEWBURGH — “If you have lived here, you have

If you have lived here, you have

been exposed.”

been exposed,” says Hill Harper at

These potent words were uttered by television and movie actor Hill Harper (The Good Doctor) at Newburgh’s Hampton Inn Monday night. Here, around fifty people gathered to listen in on the details about a pending Class Action Lawsuit now being set in motion involving the 2013 water contamination, affecting the Town and City of Newburgh as well as New Windsor residents. The accusations revolve around a cover up of the results of a study on the effects of the exposure

informational Town Hall. and financial effects due to the powerful chemicals occupying their water supply. Whether it was from directly drinking it, showering or bathing in it or simply cooking with it, research shows that water laden with these types of chemicals “bind to blood,” leading to multiple illnesses, including testicular and kidney cancer as well as thyroid issues.

to Perfuorooctane Sulfanate (PFOS) ans Perfluoroocta-

Harper carefully led the group through the process that

noic acid (PFOA) and the origin or water contamination

will soon be unraveling once the lawsuit is in motion.

traced to the Air National Guard Base at Stewart Airport.

Conducting a quick question and answer forum, he had

Harper, who in addition to having a Harvard Law Degree is also deeply involved in and passionate about environmental issues, particularly those that affect all populations, was urging folks in attendance to sign up with a firm he was representing, Napoli Shkolnik PLLC in Manhattan; however, despite which attorneys anyone chose, Harper was more concerned with those affected getting actively involved with any lawyer due to the severity and extensiveness of the issue.

“At the end of the day, if not enough people sign up and get involved with this lawsuit, we send a message that it’s o.k. to kill people,” said an energized Harper.

“We all have a right to clean water, and we need to let those who didn’t allow that know that we will come after you.” Harper added, “The issues here in Newburgh are just too important to be ignored.

Those facets involve multiple testimonies of residents who have suffered debilitating physical, emotional

NAPOLI SHKOLNIK PLLC

the two representing lawyers provide as much detail as they could. One query was, “What can I expect from a lawsuit?” The answer from lawyer Patrick Lanciotti, “Quality representation, and people who will move aggressively on your behalf.” Another question: How long will such a lawsuit take. The response: “About 2-5 years, but hard to determine exactly in these kinds of cases.”

Some other concerns included; “Can I recover monies on such things as bottled water?” The answer was yes, and there was a strong plea to save all receipts on everything. Another question: “How did you (the firm) become involved in the lawsuit?” Their reply centered around having had read about it all over the news.

Also a question was asked about whether the contamination had affected those with well water. A definite yes resounded from the lawyers.

Read full article at bit.ly/2NmJUyu

2018 LEGAL REPORT

NEW YORK LAW JOURNAL

IN THE PRESS

33

2nd Circuit Revives 9/11 Workers’ Suit Against Battery Park City Authority June 06, 2018 | Colby Hamilton

THE APPELLATE PANEL found the New York Court

Napoli Shkolnik of counsel Paul

of Appeals’ response to certified questions showed

Napoli, who represented a portion

the Lower Manhattan authority had no ability to sue on state constitutional grounds.

A long-running legal battle between workers who say they became sick as a result of working in Lower Manhattan after the Sept. 11th terrorist attacks and the Battery Park City Authority was revived by the U.S.

of the appellants, said the BPCA had “used every legal maneuver possible to avoid paying these claims,” and this result was not unforeseen given the Court of Appeals’ answer to the circuit’s certified

Court of Appeals for the Second Circuit Wednesday.

questions.

The panel, composed of Circuit Judges Gerard Lynch

The Court of Appeals determined that a public bene-

and Christopher Droney, along with U.S. District Judge

fit corporation such as the BPCA is to be treated like

Christina Reiss of the District of Vermont, sitting by

any other state entity, subjecting it to the general rule

designation, reversed and remanded a summary

that, absent narrow exception, it lacked the capacity

judgment order issued by U.S. District Judge Alvin

to challenge the constitutionality of state statutes. The

Hellerstein of the Southern District of New York back

state court also determined that a claim-revival stat-

in 2014. The appeal process had been on hold as the

ute, such as the one passed by New York’s Legislature

circuit court waited for clarification questions certified

allowing time-barred suits over 9/11-related illness to

to New York’s highest court to be answered.

be filed, passes state due-process muster if it’s a rea-

The circuit court asked its state court counterparts to weigh in on two unsettled issues related to the Bat-

sonable response “in order to remedy an injustice.”

Given the Court of Appeals’ response, the largest out-

tery Park City Authority’s argument in support of Hell-

standing issue facing the appellate panel was wheth-

erstein’s summary judgment in its favor. The authority

er the BPCA’s claims qualified as one of the narrow

argued on state constitutional grounds that a 2009

exceptions to the capacity-to-sue rule for state enti-

law passed by the Legislature, named after recovery

ties. The BPCA’s argument was that, under the propri-

worker Jimmy Nolan, and which allowed 9/11 workers

etary-interest exception, it would be forced to use its

to sue, for a limited time, public corporations should

general fund to pay claims if the suits were allowed to

be invalid.

go forward.

After Hellerstein agreed with the BPCA, the appellate court said it needed clarification on substantive issues

Read full article at bit.ly/2Js5SNY

before it could decide if the workers’ argument that local entities are barred from suing on constitutional grounds in all but a few exceptions was right.

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IN THE PRESS

NEW YORK LAW JOURNAL

NY Opioid Litigation on Fast Track as Judge Rules Counties May Press Claims Against Distributors July 17, 2018 | Andrew Denney

A NEW YORK JUDGE presiding over the state courts’

This is another major victory for

multicounty opioid litigation in Suffolk County brought

New York in both this litigation

on behalf of a coalition of New York counties, which is being closely watched by courts in other jurisdictions around the country, has refused to toss claims against drug distributors.

The ruling, by Suffolk County Supreme Court Justice Jerry Garguilo, to deny motions to dismiss by phar-

and in its battle against the opioid epidemic,” Napoli said in a written statement. “The distributor defendants were entrusted to act as intermediaries between manufacturers and pharmacies,

maceutical drug distributors named as defendants in

but instead they were integral to the

the case comes one month after he refused to dismiss

scheme to expand the market for

suits against a group of drug manufacturers.

prescription opioids.”

The rulings were the “first of their kind” in the United States, said plaintiffs’ attorney Paul Napoli. He said the decisions place the New York litigation, brought on be-

moving forward with public nuisance, negligence, unjust enrichment and fraud claims against the defendants.

half of some 50 counties, at the head of the pack com-

“The plaintiffs allege that the defendants, acting in

pared with the federal multidistrict litigation that’s

concert employed assiduously crafted, multipronged

playing out in Ohio and cases proceeding in courts in

marketing strategies that targeted the general pub-

Pennsylvania, Tennessee and West Virginia.

lic through websites, print advertisements, and ed-

“This is another major victory for New York in both this litigation and in its battle against the opioid epidemic,” Napoli said in a written statement. “The distributor defendants were entrusted to act as intermediaries between manufacturers and pharmacies, but instead

ucational materials and publications as part of their scheme to change the perception of the risks associated with prescription opioids and to destigmatize and normalize the long-term use of opioids for chronic nonmalignant pain,” the judge said.

they were integral to the scheme to expand the mar-

In June, Garguilo denied motions by Purdue Pharma,

ket for prescription opioids.”

Endo Health Solutions, Teva Pharmaceuticals, Aller-

Garguilo said that counties may proceed with claims that a group of distributors that includes McKesson

gan, Johnson & Johnson’s Janssen Pharmaceuticals Inc. and Insys Therapeutics Inc. to dismiss similar claims.

Corp., Cardinal Health, Kinray and AmerisourceBergen Drug Corp., violated New York’s consumer fraud

Read full article at bit.ly/2NrXIa2

and false advertising laws. The counties are also

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2018 LEGAL REPORT

LAW 360

IN THE PRESS

35

Uber Reaches $1.3M Deal In Drivers’ Collective FLSA Action October 16, 2018 | Linda Chiem

UBER TECHNOLOGIES INC. will pay $1.3 million

a fair and reasonable settlement, which appropriately

to settle Fair Labor Standards Act claims from more

balances the risks and costs of continuing to litigate

than 5,000 drivers who aren’t bound by arbitration

against the likely benefits to plaintiffs.”

agreements and alleged the ride-hailing giant misclassified them as independent contractors instead of employees, according to a North Carolina federal court filing Tuesday.

Attorneys for plaintiff Michael Hood and the more than 5,000 drivers who opted out of arbitration agreements with Uber and joined the wage-and hour collective action in North Carolina filed a motion seeking the court’s approval of an approximately $1.3 million deal that would end the twoyear-old misclassification dispute.

According to Tuesday’s filing, about $734,294 of the settlement fund will be paid to plaintiffs who opted into the litigation and $5,000 will compensate Hood for the services he rendered on behalf of the FLSA collective. In addition, $434,750 will be paid in attorneys’ fees, $90,205 will go toward litigation expenses and $40,000 will be paid to Garden City Group, the settlement administrator, according to the filing.

The plaintiffs explained in the motion that the parties zealously litigated this action at every stage, including going through a 90-day opt-in process during which

If the deal is approved by U.S. District Judge Catherine C. Eagles, it would close out litigation from drivers seeking compensation for “wait time,” or the time drivers were logged onto the Uber app and available to receive ride requests.

Based on the data they crunched, the drivers’ attorneys calculated that the likely damages ceiling in this action, had they moved forward, could have approached approximately $3.37 million — if wait time were deemed compensable, according to the filing.

Notably, that number defines wait time as all the time drivers were logged onto the Uber app and available to receive ride requests — including time when they were also logged onto the apps of defendants’ ride-hailing competitors, taking naps, eating, running personal errands, etc.

However, if either the court or a jury found that this “wait time” is not compensable, the maximum damages for the entire collective would likely be less than $100,000, the filing said.

more than 5,000 drivers from across the country

So, given the risks of continuing with litigation, a $1.3

joined the case and analyzing extensive data that

million settlement is substantial, the drivers said.

Uber produced for each of those drivers, so that they could calculate damages under a variety of scenarios.

Read full article at bit.ly/2ynZELu

“They negotiated before an experienced wage-andhour mediator and conducted further private, arm’slength discussions after mediation,” the drivers said in the motion. “Only then did the parties finally come to

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LAW 360

IN THE PRESS

California Appeals Panel Revives Suits Over Diabetes Drugs November 7, 2018 | Emily Field

A CALIFORNIA APPEALS COURT revived claims

In light of the [Ninth] Circuit’s

Tuesday that Merck & Co. and other diabetes drug-

reversal of Judge Battaglia’s order,

makers failed to warn about their drugs’ pancreatic cancer risks, finding a lower court erred in not considering scientific evidence the U.S. Food and Drug Administration hadn’t evaluated.

A unanimous state appeals panel, in an unpublished opinion, said that a lower court misinterpreted the U.S. Supreme Court’s ruling in Buckman Co. v. Plaintiffs’ Legal Committee , which bars state law tort claims that are predicated on alleged violations of the Food, Drug, and Cosmetic Act. The state appeals court agreed with a Ninth Circuit decision that revived litigation in federal court over similar claims that the class of diabetes drugs, incretin-based drugs, did not have warnings that they increase the risk of pancreatic cancer.

Like the judge in the federal litigation, the lower state judge had found that the claims were preempted by the high court’s Wyeth v. Levine decision because the undisputed evidence showed the FDA would not have allowed a pancreatic cancer warning.

According to the opinion, the state judge and the California federal judge held joint hearings on the companies’ motions for summary judgment in the state and federal litigation. A week after U.S. District Judge Anthony J. Battaglia dismissed the claims in the federal litigation, Judge William Highberger dismissed the roughly 300 claims in Los Angeles County Superior Court, the panel said.

Like the federal MDL, the state court suits are aimed at a class of Type 2 diabetes drugs known as incretin

which the state court judge virtually adopted verbatim, this reversal of the state court preemption decision was expected,” said Hunter J. Shkolnik of Napoli Shkolnik PLLC, counsel for the patients. since academic researchers suggested in early 2013 that they may lead to an increased risk of pancreatitis and precancerous changes in the pancreas. But the FDA and the European Medicines Agency found no firm evidence that the drugs are connected to pancreas problems, according to a study released in February 2014.

The companies, including Eli Lilly & Co., AstraZeneca’s now-defunct Amylin Pharmaceuticals unit and Novo Nordisk Inc., conceded that the Buckman ruling doesn’t apply to state law claims that a drugmaker failed to warn about its product’s risk, but argued that it still barred taking into account any evidence that manufacturers are alleged to have misreported or intentionally withheld from the FDA. “We reject this argument,” the panel said. “First, only a portion of plaintiffs’ ‘new safety evidence’ consists of information that defendants allegedly had in their possession, but failed to disclose, or otherwise misreported, to the FDA.”

Read full article at bit.ly/2Oy6x28

mimetics that have been under regulatory scrutiny

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2018 LEGAL REPORT

SALEM NEWS

IN THE PRESS

37

Day Care Owner Joins Those Suing Columbia Gas December 18, 2018 | Jill Harmacinski

SALEM — The owners of a North Andover home

The gas disaster cases “involve

where a day care business also operated are among

such varied individual personal

those suing Columbia Gas after a series of gas-driven fires and explosions across the Merrimack Valley on Sept. 13, according to court papers.

Attorneys for Dean Thornhill and his wife, Mona, and their children, are scheduled to be in Salem Superior

stories and trauma. I think most of my clients have (post-traumatic stress disorder) …,” Napoli Shkolnik Partner Patrick Haines said.

Court on Wednesday for a court appearance in a civil

been “specially assigned” to preside over cases filed in

lawsuit filed after the incidents in Lawrence, Andover

relation to the Merrimack Valley gas disaster, accord-

and North Andover now three months ago.

ing to court papers.

Both individual and class-action suits have been filed

Dean and Mona Thornhill and their son, Nathan, reside

against Columbia Gas and its parent company, Ni-

in a home at 28-30 East Water St. in North Andover.

Source.

Their son, William Thornhill and his wife, Rebecca

One major lawsuit previously filed involves Omayra

Crockett-Thornhill, of Methuen, also ran a day care

Figueroa and her children whose home at 36 Chicker-

at 30 East Water St., North Andover, according to the

ing Road, Lawrence, exploded during the gas disaster.

Omayra’s daughter, Shakira, 21, was critically injured

lawsuit, filed by attorneys David Raimondo, Patrick Haines and Brian Cunha.

during the blast and has undergone six surgeries so

On the afternoon of Sept. 13, Dean Thornhill saw “the

far on the lower half of her body, said attorney Socra-

pilot light in his stove was acting in an abnormal man-

tes De La Cruz of Lawrence, who is representing the

ner,” according to the suit.

family, on Monday.

“The family is still going through extreme psychological, emotional and physical hardship,” De La Cruz said Monday.

Thornhill immediately shut off the stove’s gas and went to the basement to check on the home’s gas powered heating system.

“As he headed down the steep stairs into the base-

The family of Leonel Rondon, 18, who was killed

ment, (Thornhill) observed a veritable flame-thrower

during the Chickering Road house explosion, has also

spewing out of the heating system,” according to the

said they will sue Columbia Gas.

lawsuit.

Rondon, a newly licensed driver, died after the home’s chimney collapsed on his SUV in the driveway.

Read full article at bit.ly/2S5PNlv

Essex County Superior Court Judge James Lang has

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38

NEWS 4 TUCSON

IN THE PRESS

Tucson and Marana Join in Water Lawsuit December 23, 2018 | Denelle Confair

WE’RE FOLLOWING THE LATEST on a water lawsuit filed by the city of Tucson and town of Marana to protect the public from potentially negative health effects from the groundwater supply.

foam and cleaning products.

Kozachik says he’s hoping the lawsuit will be settled out of court.“Instead of having to go to court 3M does what they did in Minnesota. They’ll recognize that they

The lawsuit alleges 3M, a company that manufactures

had guilty knowledge of the contaminants. That they

firefighting foam used at Davis-Monthan Air Force

are putting into the water supply and instead of having

Base, contaminated parts of the water supply in Tuc-

to litigate that they’ll settle out of court,” Kozachik said.

son and Marana.

3M, the company the city of Tucson and Marana is suing just settled a similar water lawsuit in Minnesota for $850 million dollars. One Tucson council member we talked to is hoping for a similar settlement that would go towards efforts in providing clean water.

“That’s drilling new wells to make sure they’re replenishing the lost capacity. It’s building treatment plants to go and clean up the problem that we have now and it’s also paying for maintenance for those treatment plants going forward,” Steve Kozachik Ward 6 Councilman said.

In 2017, two wells near the Davis-Monthan Air Force base were closed down. Officials believe the contaminants came from firefighting foam manufactured by 3M which D.M. uses. The town of Marana also teaming up on the lawsuit had two areas in marana tested for those contaminants.

“We’ve filed a notice to intend to litigate. We’ve hired on contingency basis a law firm named Napoli Shkolnik out of the east coast,” Kozachik said.

Tucson and Marana are seeking to recover all costs for treating and removing the Per-Fluorinated Compounds or PFC’s that can be found in firefighting

NAPOLI SHKOLNIK PLLC

2018 LEGAL REPORT

DAILY NEWS

IN THE PRESS

39

‘Good Doctor’ Actor Hill Harper Backs Ex-Prisoner’s Move to Overturn Conviction February 8, 2019 | Graham Rayman

AN ACTOR KNOWN for his roles on “CSI-NY” and “The Good Doctor” threw his support Friday behind a man who spent 33 years in prison for a murder he says he didn’t commit and is trying to overturn his conviction in the face of new evidence.

Hill Harper, 52, appeared at a press conference for

John Ramsey should be a superstar attorney because he was able to do better research more research to comb through every document to prove his innocence,” says Hill Harper.

Brooklyn native John Ramsey, who has filed a motion

own case is better work than any Harvard Law School

to overturn his conviction in the 1981 murder of Ver-

graduate would ever do,” Harper said. “John Ramsey

non Green in Flatbush. He was paroled in 2015.

should be a superstar attorney because he was able

“I stand up here with a heavy heart because this press conference shouldn’t be happening,” Harper

to do better research more research to comb through every document to prove his innocence.”

said. “It shouldn’t be happening because John Ramsey

Harper befriended Barack Obama at Harvard, before

shouldn’t have spent 33 years in prison and speaking

entering the theater and starring in numerous TV

specifically to Mr. Ramsey, when I was 21 years old, I

shows and movies. He has been outspoken on prison

was accepted to Harvard Law School. When he was 21

issues, writing the book, “Letters to an Incarcerated

years old, he went to prison.”

Brother,” a sort of open letter to black men in prison.

Harper, a Harvard Law graduate and bestselling au-

Harper quoted Martin Luther King Jr. as saying, “’We

thor, noted that Ramsey’s repeated document re-

are all tied together in a single garment of mutual des-

quests yielded a previously unknown arrest report

tiny.’ “That means that whether or not my TV show is

that showed two other men fitting the description of

No. 1, we’re all connected,” he said. “We need to recog-

the suspects had been arrested within an hour of the

nize the connective tissue to Mr. Ramsey’s case.”

crime near where it happened.

The Daily News reported Friday that Harper would file

Read full article at bit.ly/2TCi43O

the motion based on the new document.

That arrest report was never turned over to Ramsey’s original defense lawyer, Michael Vecchione, who believes the documents would have altered the course of the case.

“The work that we’ve heard that Mr. Ramsey did on his

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Government Opioids Cost Recovery Program With your help, we can take better aim to stop the epidemic and assist those in need.

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OPIOIDS LITIGATION

The opioid epidemic has reached crisis

41

“Drug companies have poisoned our commu-

proportions in this country, leaving many to

nities and polluted our children” says Paul

wonder how we got here and what we can do

Napoli. “The painkiller overdose epidemic is a

as a nation to recover.

classic case of putting profits before people,”

OPIOIDS ARE a class of drugs that include heroin, synthetic opioids like fentanyl, and pain relievers le-

he adds. “Many opioid manufacturers were so intent on selling as much product as possible

gally available by prescription. These pain medica-

that they either turned a blind eye towards, or

tions include common pills your doctor might have

intentionally buried, reports that these drugs

prescribed to you or a loved one: OxyContin (oxyco-

were highly addictive and potentially deadly.”

done), Vicodin (hydrocodone), codeine, and morphine.

Comprised of chemicals that block pain by binding

From 1999 to 2010, opioid sales quadrupled in the

with opioid receptors on the brain, spinal cord, and

U.S. That jump directly paralleled a four-fold increase

other areas of the body, they can be highly addictive

in overdose deaths related to prescription pain killers.

if used for moderate pain that allows the patient to

According to a recent New York Times article, about

feel a high. Patients improperly prescribed opioids

64,000 people died from drug overdoses in 2016

can become addicted after taking just one bottle of

alone; for people under 50, drug overdoses are now

30 pills—even if using those pills as prescribed.

the leading cause of death.

Help Nationwide

As Covered In

Napoli Shkolnik PLLC is working to fight the

The Atlanta Journal-Constitution

opioid epidemic with local counsel, officials and

Bangor Daily News

community leaders in:

Bloomberg View Crain’s Cleveland News

ALABAMA

NEW HAMPSHIRE

FLORIDA

NEW JERSEY

Digital Journal Newsday

GEORGIA

NEW MEXICO

FiOS1 News

HAWAII

NEW YORK

Fox Business News

IDAHO

OHIO

Law360

INDIANA

OKLAHOMA

The National Law Journal

KENTUCKY

OREGON

New Hampshire Union Leader

LOUISIANA

PENNSYLVANIA

The New Jersey Law Journal

MAINE

TENNESSEE

The New York Daily News

MARYLAND

TEXAS

The New York Post

MASSACHUSETTS

UTAH

Thomson Reuters

MICHIGAN

WASHINGTON

USA Today Network

MISSOURI

WEST VIRGINIA

The Washington Post

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Giving Back Napoli Shkolnik PLLC proudly supports the communities that we represent.

WE STRONGLY BELIEVE in organizations that encourage educational opportunities, provide the inspirational tools needed for true progress and then recognize the achievements.

In a rapidly changing and challenging world, we think it is important to support positive development and goals. We are happy to provide assistance to organizations in order to realize their Missions of helping individuals, neighborhoods and communities.

NATIONAL SEPTEMBER 11 MEMORIAL AND MUSEUM A historical institution honoring the victims and examining 9/11 and its continued global significance. As a Board Member, Paul is very involved in realizing the organization’s message of volunteerism, education and remembrance.

NAPOLI SHKOLNIK PLLC

2018 LEGAL REPORT

GIVING BACK

43

9/11 Memorial 5K Run/Walk

Bideawee®

The firm is always proud to be a Mile Marker sponsor!

Napoli Shkolnik was happy to donate numerous large

Our firm teams participate as runners and walkers at

boxes of food, toys, supplies, and more to Bideaw-

the event and locally in their hometowns.

ee’s New York City location. The compassionate staff works to rescue, care for and place homeless cats and

Annual Food Drive Every year each of the firm’s office locations organizes a food drive to support a local soup kitchen, meals on wheel program or shelter.

We were able to donate over 30 large boxes full of

dogs with people who will love them.

Bone Marrow Foundation The Bone Marrow Foundation (BMF) helps families improve their odds of finding a donor and receive the necessary support as their loved one receives treatment. When Paul Napoli was diagnosed with leukemia and was told he need a life-saving bone marrow transplant, the BMF provided information and support.

non-perishable items last year and we hope the generosity only continues to grow.

American Red Cross: Heroes Among Us Gala Napoli Shkolnik was proud to be part of this event,

Chinatown Immigration, Education and Health Fair In conjunction with the Chinese Chamber of Commerce New York, Napoli Shkolnik was able to assist in raising awareness for the community regarding healthy living, legal assistance and social services.

which recognized civic leaders and heroic individuals who embody the humanitarian mission.

The Association of Former Agents of the U.S. Secret Service, Inc. (AFAUSSS) This is a charitable and benevolent organization comprised of former and current employees of the U.S. Secret Service. It strives to supports its members and their communities through scholarships, grants and awards. We are honored to be part of realizing their Mission of providing value to their members and also the general public.

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Columbus Citizens Foundation The firm strongly believes in educational scholarships so that no qualified student is denied an education because of financial need.

Doctors of Distinction This distinguished organization collaborated with the American Cancer Society to host an outstanding event.

Napoli Shkolnik was proud to attend and sponsor the evening.

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44

GIVING BACK

FDNY Fire Family Transport Foundation

.

Mental Health Association of Nassau County

Their Mission is to assist firefighters and their families

We are glad that we can make a difference with the

by providing transportation to and from medical insti-

MHA, which is a not-for-profit membership organi-

tutions. This nonprofit Foundation is all-volunteer and

zation dedicated to improving mental health in the

we could not be more proud to support their cause.

community through advocacy, education, program development.

Holiday Mail for Heroes Program The firm participates in this wonderful program every year; contributing over 300 cards of thanks and support to members of the armed forces, veterans and their families.

Nassau County Law Enforcement Exploring Program This youth program emphasizes Career Opportunities, Life Skills, Citizenship, Character Education and Leadership Experience. It is rewarding to see participants

Long Island Go Red for Women This organization seeks to increase public awareness of cardiovascular disease and risk factors particularly as they apply to women and the firm is happy to be involved in such a worthy message.

blossom with these characteristics.

New York City Marathon In honor of Paul’s fight against leukemia and to support the families of oth-

Italian Heritage & Culture Committee of New York, Inc.

er patients, Marie collected

The firm is happy to support the IHHC-NY’s continuing

programming by complet-

efforts of providing concerts, exhibits, and lectures of

ing the 2015 NYC Marathon.

over $50,000 in pledges to support the foundation’s

the Italian culture to the community.

Long Island School of Chinese

New York City Pancreatic Cancer Research Walk By supporting this event, Napoli Shkolnik helps to

Napoli Shkolnik will be hosting educational seminars

advance the scientific and medical research related to

at the LISOC, a nonprofit institution that works to

the diagnosis, treatment and cure of pancreatic cancer.

bring rich cultural programs and activities to the community.

NAPOLI SHKOLNIK PLLC

2018 LEGAL REPORT

GIVING BACK

45

New York City Police Museum

Pulaski Foundation Parade

The firm is actively committed to helping the Museum

Napoli Shkolnik joined in congratulating the 81st Pu-

realize its Mission to preserve the history of the New

laski Day Parade Grand Marshall and subsequent Pu-

York City Police Department through educational pro-

laski Parade Banquet.

gramming and exhibitions.

Pencil: Transforming Schools. Together®

St. John’s University President’s Dinner The firm is proud to be an annual Sponsor of the An-

We are excited to be supporting this organization,

nual President’s dinner; an event committed to raising

which creates innovative and impactful models of

scholarship money in order to provide financial assis-

collaboration between the business and education

tance to deserving students.

communities by bringing school needs and business expertise together.

The Police Athletic League (NYC) We are proud supporters of this not-for-profit or-

Save the Children Through our support of Save the Children, we are part of a program that gives children in the United States and around the world “a healthy start, the opportunity to learn and care when disaster strikes.”

ganization’s belief that “young people’s individual strengths and capabilities can guide them to mature, productive adulthood” with encouragement and commitment.

Swing for a Cure This charity golf outing benefits the Breast Cancer Research Foundation and in keeping with tradition, Napoli Shkolnik has sponsored a Tee for the event.

Polish American Medical Society of New York

United Way

This association brings together Polish-American phy-

By supporting this event, the firm helps United Way

sicians in New York, New Jersey, Pennsylvania and

realize their Mission of helping members of the com-

Connecticut.

munity find services and assistance as they navigate through daily life.

Polonia of Long Island Napoli Shkolnik was excited to be part of the many events hosted by this organization, including their “Santa Event”, the annual Dinner Dance, which featured the selection of Miss Polonia.

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Our Mission is to help families cope with their loss by compassionately caring for their legal needs.

We attentively persist to achieve the best possible outcome for our clients and provide unparalleled level of service.

We accomplish this by fostering a confident client focused work environment of motivated employees where cooperation thrives and innovation is rewarded.

(866) 268-0317 360 LEXINGTON AVENUE, 11TH FLOOR NEW YORK, NEW YORK 10017

Offices Nationwide |

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