Tell me it ain't so... There's already a stereotype about the South as being racist, one I don't believe to be fair, but it's there. You can argue with me on the unfair stereotype thing, but I won't budge. I've lived all over the world, lived in the South, lived in the North, lived in California, Europe and lots of places in between. I have family in places I haven't lived... The worst, the absolute worst racial prejudice I was ever exposed to was when I was living in New York.
Anyway, the last thing we need in the South, particularly in Georgia, is any organization that excludes any group.
I'll give them points for being open about it I guess. Usually groups manage to be all black, all white, all female, all male, or all whatever in sneaky, underhanded ways.
I wonder though what would happen if they'd announced they were starting an all-black or all-Japanese or all-female league? Or what about a gay-league?
It's funny now that I think about it... I was appalled, and still am, when reading about a group that excludes anyone. But I don't think it would have made any headline at all if they'd started a league that excluded Caucasians... or was made up of immigrants only... or you get the picture.
This one is more of a thought provoker than I initially thought as I started typing. Why is it OK to have all women, all men, all black, all gay, all Hispanic, all this or that, but not OK to have all white? I know I'm gonna get blasted for even thinking such heretical thoughts, much less daring to put them in a blog. But why do we have all the divisions in life? If it's good for the goose why not the gander?
I was raised a military brat. I didn't think race, never crossed my mind that black was different than white when it came to people until I got older and started hearing the comments, reading about the issue. In fact, the very first time I ever experienced racial slurs was when I lived in New York. I moved from the Atlanta area to North Carolina for three years, then to New York for around the same number of years, maybe a few more. I was embarrassed by some of the comments I heard from New Yorkers and related friends from Ohio while living there. It opened my eyes to what prejudice meant.
I've had many friends from different ethnic backgrounds through the years. I've been brought to tears by a friend talking about what he felt he would need to share with his son as a black man. I was the only white face at his mother's funeral.
I've always pretty much judged a person based on character, although I admit to not being perfect in that regard. The older I get the easier it becomes to make initial impressions based on dress and location, sometimes incorrectly but all in the name of safety.
I don't know about this all-Caucasian basketball league. I know in my gut that it's wrong. I could never support or endorse anything that was all white. However, I'd sure like to see a world where we had equality on both ends of the spectrum.
Oh, and one other thing... just how are they going to make sure that the players have Caucasian parents? Are they going to ask for DNA documentation? What about if someone was adopted and can't provide proof that they're 100% bon-a-fideee cer-teee-fied Caucasian? How do you define Caucasian? Most of us are mongrels... what if we have a bit of American Indian in our background? What if we're pure American Indian? Whew, there are a lot more questions than answers I'd think. Someone's gonna sue sooner or later, that is assuming this thing even gets off the ground.
By the way, it's a league and it's not just Georgia I gather... they want to be in other southern states, also. I guess they're going to garner a whole lotta publicity! Maybe that's the goal, get everyone in an uproar and then back down. Only ones who know the reasoning behind this one are those in charge of what seem to me to be a fiasco in the making.
‘Whites only' basketball league announced
Is a new professional basketball league announced this week for real, or is it all just some sort of joke or publicity stunt by former pro wrestling promoter Don "Moose" Lewis?
The Augusta Chronicle reported on Tuesday that the All-American Basketball Alliance plans to kick off its inaugural season in June and hopes that Augusta will be one of 12 cities to host teams.
But here's the kicker: According to a press release the newspaper and other Augusta media outlets received from the new league, "only players that are natural-born United State citizens with both parents of Caucasian race are eligible to play in the league."
http://www.ajc.com/news/whites-only-basketball-league-279688.html
Friday, January 22, 2010
Thursday, January 07, 2010
Tiger-gate as Cultural Ritual
As a weekend golfer who is also an anthropologist, I've been struck by how well Tiger Woods' recent travails fit into one of my profession's standby concepts: the "social drama."
According to this model, developed by the great Scottish anthropologist Victor Turner, every society undergoes crises that unfold in a culturally ritualized form. Turner identified four typical stages: breach, crisis, redressive action, and reintegration.
Even though Turner's scheme was based on his study of traditional African tribes, it applies surprisingly well to the world of the Internet and the 24/7 news cycle, including its celebrity scandals.
In the most recent example, Tiger Woods' alleged affairs breached our culture's conventions. Crisis followed: The headline-grabbing SUV crash, followed by allegations of his involvement with a cocktail waitress and other women, and then by another late-night ambulance visit to his home. Both the real life of Tiger Woods the man and the bland corporate profile of Tiger Woods the brand seemed to crumble almost overnight.
Then came the third stage, an attempt at redressive action. A Woods Web site posted a statement apologizing for "transgressions" and the harm done to his family.
And now we approach the potential fourth stage in this anthropological drama: reintegration, or repair of the breech that has opened between the star golfer and his fans.
It's a sequence we've seen before with other sinning superstars, such as Alex Rodriguez. A-Rod's confession of steroid use, followed months later by his strong performance in the postseason, seemed to lead many fans to embrace him with real affection for the first time.
However, as Turner and other anthropologists have noted, social dramas can also end not with the crisis resolved, but with a permanent schism.
It's already clear that Woods will not easily regain his place as one of the planet's most ubiquitous pitchmen and a cultural hero. Nowadays, redressive action seems to work only if one is willing to squirm and suffer a bit in front of the cameras. As much as it goes against the control-freak personality of the man who named his yacht "Privacy," Woods may have to face the ritual humiliation and penitence of a Barbara Walters interview or a teary news conference to refurbish his brand.
For now, Woods occupies the space we anthropologists call liminality - the wilderness between one status and another. He is no longer the role model whose triumphs on the golf course seemed to be matched by his rectitude and familial bliss off of it. But as he remains secluded from the public eye, neither do we know just what he will become, much less whether he will save the marriage apparently endangered by his caddish behavior.
During my research for a forthcoming book about golf's role in American society, I followed Woods around at the U.S. Open several years ago. A crowd of 30,000 kicked up dust while it trailed this man as if he were Gandhi or some other prophet.
Woods radiated charisma, but I also felt something icy and almost selfish about his capacity to shut out the world in pursuit of the low score. And I was struck by the nervousness within the gallery - the fear that Woods might direct his withering displeasure at someone who coughed or moved during his swing. Woods was like Apollo - a brilliant yet frightening god.
I understood then how important Woods' intense focus was to his success, and I hope today that he will continue to thrill us with his athletic genius. But the anthropologist side of me also hopes he will find a way to let us in a bit more.
The great golfer would not be lessened by stopping now and then to slap the hand of a little boy or smile to the crowd. As his aura of otherworldliness diminishes, in other words, perhaps he can find a way to replace it with something that will better integrate him into society. The rest of us mortals know he's human now, and I'm rooting for him - not only on the golf course, but in life.
By Orin Starn
Orin Starn is a professor of cultural anthropology at Duke. His blog, "Golf Politics," is at golfpolitics.blogspot.com.
-----
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According to this model, developed by the great Scottish anthropologist Victor Turner, every society undergoes crises that unfold in a culturally ritualized form. Turner identified four typical stages: breach, crisis, redressive action, and reintegration.
Even though Turner's scheme was based on his study of traditional African tribes, it applies surprisingly well to the world of the Internet and the 24/7 news cycle, including its celebrity scandals.
In the most recent example, Tiger Woods' alleged affairs breached our culture's conventions. Crisis followed: The headline-grabbing SUV crash, followed by allegations of his involvement with a cocktail waitress and other women, and then by another late-night ambulance visit to his home. Both the real life of Tiger Woods the man and the bland corporate profile of Tiger Woods the brand seemed to crumble almost overnight.
Then came the third stage, an attempt at redressive action. A Woods Web site posted a statement apologizing for "transgressions" and the harm done to his family.
And now we approach the potential fourth stage in this anthropological drama: reintegration, or repair of the breech that has opened between the star golfer and his fans.
It's a sequence we've seen before with other sinning superstars, such as Alex Rodriguez. A-Rod's confession of steroid use, followed months later by his strong performance in the postseason, seemed to lead many fans to embrace him with real affection for the first time.
However, as Turner and other anthropologists have noted, social dramas can also end not with the crisis resolved, but with a permanent schism.
It's already clear that Woods will not easily regain his place as one of the planet's most ubiquitous pitchmen and a cultural hero. Nowadays, redressive action seems to work only if one is willing to squirm and suffer a bit in front of the cameras. As much as it goes against the control-freak personality of the man who named his yacht "Privacy," Woods may have to face the ritual humiliation and penitence of a Barbara Walters interview or a teary news conference to refurbish his brand.
For now, Woods occupies the space we anthropologists call liminality - the wilderness between one status and another. He is no longer the role model whose triumphs on the golf course seemed to be matched by his rectitude and familial bliss off of it. But as he remains secluded from the public eye, neither do we know just what he will become, much less whether he will save the marriage apparently endangered by his caddish behavior.
During my research for a forthcoming book about golf's role in American society, I followed Woods around at the U.S. Open several years ago. A crowd of 30,000 kicked up dust while it trailed this man as if he were Gandhi or some other prophet.
Woods radiated charisma, but I also felt something icy and almost selfish about his capacity to shut out the world in pursuit of the low score. And I was struck by the nervousness within the gallery - the fear that Woods might direct his withering displeasure at someone who coughed or moved during his swing. Woods was like Apollo - a brilliant yet frightening god.
I understood then how important Woods' intense focus was to his success, and I hope today that he will continue to thrill us with his athletic genius. But the anthropologist side of me also hopes he will find a way to let us in a bit more.
The great golfer would not be lessened by stopping now and then to slap the hand of a little boy or smile to the crowd. As his aura of otherworldliness diminishes, in other words, perhaps he can find a way to replace it with something that will better integrate him into society. The rest of us mortals know he's human now, and I'm rooting for him - not only on the golf course, but in life.
By Orin Starn
Orin Starn is a professor of cultural anthropology at Duke. His blog, "Golf Politics," is at golfpolitics.blogspot.com.
-----
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Thursday, December 31, 2009
TYLENOL Recall Confirms Congress, FDA Must Regulate Wood Pallets to Prevent Threats to U.S. Food, Drug Supply
/PRNewswire/ -- The expanded recall of TYLENOL Arthritis pain reliever is fresh evidence of the need for Congress and the FDA to regulate wood pallets used to transport food and pharmaceuticals in the United States because of the dangers they pose to human health.
The move earlier this week by McNeil Consumer Healthcare and FDA to expand the voluntary recall to include all lots of TYLENOL Arthritis Pain Caplet 100 count bottles comes on the heels of independent scientific studies showing wood pallets harbor deadly food poisoning bacteria and pathogens.
"How much more evidence does Congress and the FDA need? The TYLENOL recall proves wooden pallet shipping platforms are a dangerous threat to the pharmaceuticals we depend on, while recent independent studies we've commissioned in four cities demonstrate the dangers they pose to our food supply," said Bob Moore, Chairman & CEO, Intelligent Global Pooling Systems (iGPS Company LLC).
"The one to two billion wood pallets in circulation in the United States are the common denominator in the supply chain - practically every product we ingest is shipped on a wood pallet. Congress and FDA cannot afford to overlook them any longer as they consider ways to strengthen our national food safety law."
Chemicals used to treat wood pallets were cited as causing a moldy, musty or mildew-like odor in the TYLENOL product that caused nausea, vomiting, diarrhea and stomach pain in consumers. Wood pallets made with "engineered wood" components also contain urea formaldehyde - a known carcinogen - which may come into contact with food under a variety of scenarios when it is stored and shipped on wooden pallets. Formaldehyde is also released into the air when it off-gases from pallets in storage and transportation compartments, posing a risk to the health of workers and consumers.
Wood pallets pose other dangerous risks to food safety. Wood pallets are susceptible to insect infestation and require heat treatment or fumigation before they can be moved cross-border. Fumigation is often performed with methyl bromide, a highly toxic, ozone-depleting chemical. Rusty nails and wood shards that can penetrate food packaging are also a risk.
Recent tests commissioned by iGPS have found Salmonella, E. coli, Listeria and extremely high bacteria counts on scores of wood pallets pulled at random from pallet depots in Washington, DC, Baltimore, Philadelphia and Portland, ME. Listeriosis is responsible for approximately 2,500 illnesses and 500 deaths in the United States annually and is the leading cause of death among food borne bacterial pathogens, with fatality rates exceeding even Salmonella and Clostridium Botulinum.
The iGPS test results are consistent with similar findings by USDA and FDA. A new USDA study found salmonella-causing bacteria can be harbored on wooden shelving carts used for transporting eggs into processing plants. The FDA has also drawn attention to the health risks that wood pallets present. According to the FDA's Guidance for Industry: Control of Listeria monocytogenes in Refrigerated or Frozen Ready-To-Eat Foods (February, 2008), "In areas where RF-RTE [refrigerated-ready to eat] foods are processed or exposed, we recommend that you use pallets that can be easily cleaned and keep them in good condition, and that you not use wood pallets in areas where RF-RTE foods are processed or exposed or in other areas for wet processing and storage."
A trip to virtually any wood pallet depot reveals thousands of wood pallets stacked outdoors, sitting in mud and water-logged (some even serving as nests for rodents) -- a clear violation of industry "best practices" calling for wood pallets to be stored in dry indoor locations.
"This is an industry that openly ignores its own safety rules and transports our food supply on deplorably unsanitary platforms," said Moore. "We call on Congress and the FDA to take a comprehensive look at the role wood pallets play in contaminating our food and drug supplies - and to take action."
-----
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The move earlier this week by McNeil Consumer Healthcare and FDA to expand the voluntary recall to include all lots of TYLENOL Arthritis Pain Caplet 100 count bottles comes on the heels of independent scientific studies showing wood pallets harbor deadly food poisoning bacteria and pathogens.
"How much more evidence does Congress and the FDA need? The TYLENOL recall proves wooden pallet shipping platforms are a dangerous threat to the pharmaceuticals we depend on, while recent independent studies we've commissioned in four cities demonstrate the dangers they pose to our food supply," said Bob Moore, Chairman & CEO, Intelligent Global Pooling Systems (iGPS Company LLC).
"The one to two billion wood pallets in circulation in the United States are the common denominator in the supply chain - practically every product we ingest is shipped on a wood pallet. Congress and FDA cannot afford to overlook them any longer as they consider ways to strengthen our national food safety law."
Chemicals used to treat wood pallets were cited as causing a moldy, musty or mildew-like odor in the TYLENOL product that caused nausea, vomiting, diarrhea and stomach pain in consumers. Wood pallets made with "engineered wood" components also contain urea formaldehyde - a known carcinogen - which may come into contact with food under a variety of scenarios when it is stored and shipped on wooden pallets. Formaldehyde is also released into the air when it off-gases from pallets in storage and transportation compartments, posing a risk to the health of workers and consumers.
Wood pallets pose other dangerous risks to food safety. Wood pallets are susceptible to insect infestation and require heat treatment or fumigation before they can be moved cross-border. Fumigation is often performed with methyl bromide, a highly toxic, ozone-depleting chemical. Rusty nails and wood shards that can penetrate food packaging are also a risk.
Recent tests commissioned by iGPS have found Salmonella, E. coli, Listeria and extremely high bacteria counts on scores of wood pallets pulled at random from pallet depots in Washington, DC, Baltimore, Philadelphia and Portland, ME. Listeriosis is responsible for approximately 2,500 illnesses and 500 deaths in the United States annually and is the leading cause of death among food borne bacterial pathogens, with fatality rates exceeding even Salmonella and Clostridium Botulinum.
The iGPS test results are consistent with similar findings by USDA and FDA. A new USDA study found salmonella-causing bacteria can be harbored on wooden shelving carts used for transporting eggs into processing plants. The FDA has also drawn attention to the health risks that wood pallets present. According to the FDA's Guidance for Industry: Control of Listeria monocytogenes in Refrigerated or Frozen Ready-To-Eat Foods (February, 2008), "In areas where RF-RTE [refrigerated-ready to eat] foods are processed or exposed, we recommend that you use pallets that can be easily cleaned and keep them in good condition, and that you not use wood pallets in areas where RF-RTE foods are processed or exposed or in other areas for wet processing and storage."
A trip to virtually any wood pallet depot reveals thousands of wood pallets stacked outdoors, sitting in mud and water-logged (some even serving as nests for rodents) -- a clear violation of industry "best practices" calling for wood pallets to be stored in dry indoor locations.
"This is an industry that openly ignores its own safety rules and transports our food supply on deplorably unsanitary platforms," said Moore. "We call on Congress and the FDA to take a comprehensive look at the role wood pallets play in contaminating our food and drug supplies - and to take action."
-----
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Is Obesity a Disease? Current Research, Facts, Figures, and the Pros and Cons at New ProCon.org Website
/PRNewswire/ -- ProCon.org, a nonpartisan 501(c)3 nonprofit public charity dedicated to promoting critical thinking, created the new website http://www.obesity.procon.org/ to explore the core question "Is obesity a disease?"
The debate over whether or not obesity is a disease grows as obesity rates and the cost of treating obesity-related conditions increase in the United States.
Proponents stress that obesity is a disease because it is a result of genetics and biological factors, citing scientific studies that have shown a link between obesity and heredity. Certain known illnesses can also cause weight gain or obesity, including hypothyroidism, Cushing's syndrome, and polycystic ovary syndrome.
Opponents argue that obesity is not a disease because it is the result of a person's environment (i.e. residential location, social circle, economic status, etc.), lifestyle, and eating habits, citing other studies that show obesity is a result of environment and social networks.
The Centers for Disease Control and Prevention (CDC) reported an "epidemic" of 72 million obese people in the United States in 2006 with 34.3% of adults considered obese (vs. 13.4% in 1962) and 32.7% considered overweight (vs. 31.5% in 1962).
In 2005 obesity accounted for an estimated 216,000 deaths (1 in 10 deaths) among U.S. adults. It was the third-leading risk factor in U.S. adult deaths, after tobacco smoking (467,000 deaths) and high blood pressure (395,000 deaths). Obesity and obesity-related health conditions cost an estimated 10% of annual medical spending in the US, totaling $147 billion in 2008.
As of Dec. 15, 2009, the World Health Organization (WHO), FDA, and the National Institutes of Health (NIH) have all stated that obesity is a disease. The CDC and the Department of Health and Human Services (HHS) have not taken a position on whether or not obesity is a disease. The U.S. House of Representatives in its Oct. 29, 2009 health care bill H.R. 3962 included obesity as a "behavioral risk factor" and not as a disease.
The latest ProCon.org website explores many pro and con arguments and includes sources, images, videos, reader comments, and a section of little known facts called "Did You Know?" The findings should help readers think critically, educate themselves, and make informed decisions about eating, exercise, and their own Body Mass Index (BMI).
Did You Know?
-- In 2008 Mississippi had the highest rate of obesity out of all the
U.S. states at 32.8% of its population. Colorado had the lowest rate
at 18.5%.
-- Out of dozens of countries studied, U.S. males ranked 5th and U.S.
females ranked 11th in obesity according to World Health Organization
data from 2000-2007.
-- In 2005 obesity accounted for an estimated 216,000 deaths (1 in 10
deaths) among U.S. adults. It was the third-leading risk factor in
U.S. adult deaths after tobacco smoking (467,000 deaths) and high
blood pressure (395,000 deaths).
-- 67% of the adult U.S. population was either overweight or obese
between 2005-2006.
-- Since 2002, Americans who are medically diagnosed as obese have been
allowed to claim federal tax deductions for doctor prescribed
treatments, "special food," and weight loss programs.
-----
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www.georgiafrontpage.com
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The debate over whether or not obesity is a disease grows as obesity rates and the cost of treating obesity-related conditions increase in the United States.
Proponents stress that obesity is a disease because it is a result of genetics and biological factors, citing scientific studies that have shown a link between obesity and heredity. Certain known illnesses can also cause weight gain or obesity, including hypothyroidism, Cushing's syndrome, and polycystic ovary syndrome.
Opponents argue that obesity is not a disease because it is the result of a person's environment (i.e. residential location, social circle, economic status, etc.), lifestyle, and eating habits, citing other studies that show obesity is a result of environment and social networks.
The Centers for Disease Control and Prevention (CDC) reported an "epidemic" of 72 million obese people in the United States in 2006 with 34.3% of adults considered obese (vs. 13.4% in 1962) and 32.7% considered overweight (vs. 31.5% in 1962).
In 2005 obesity accounted for an estimated 216,000 deaths (1 in 10 deaths) among U.S. adults. It was the third-leading risk factor in U.S. adult deaths, after tobacco smoking (467,000 deaths) and high blood pressure (395,000 deaths). Obesity and obesity-related health conditions cost an estimated 10% of annual medical spending in the US, totaling $147 billion in 2008.
As of Dec. 15, 2009, the World Health Organization (WHO), FDA, and the National Institutes of Health (NIH) have all stated that obesity is a disease. The CDC and the Department of Health and Human Services (HHS) have not taken a position on whether or not obesity is a disease. The U.S. House of Representatives in its Oct. 29, 2009 health care bill H.R. 3962 included obesity as a "behavioral risk factor" and not as a disease.
The latest ProCon.org website explores many pro and con arguments and includes sources, images, videos, reader comments, and a section of little known facts called "Did You Know?" The findings should help readers think critically, educate themselves, and make informed decisions about eating, exercise, and their own Body Mass Index (BMI).
Did You Know?
-- In 2008 Mississippi had the highest rate of obesity out of all the
U.S. states at 32.8% of its population. Colorado had the lowest rate
at 18.5%.
-- Out of dozens of countries studied, U.S. males ranked 5th and U.S.
females ranked 11th in obesity according to World Health Organization
data from 2000-2007.
-- In 2005 obesity accounted for an estimated 216,000 deaths (1 in 10
deaths) among U.S. adults. It was the third-leading risk factor in
U.S. adult deaths after tobacco smoking (467,000 deaths) and high
blood pressure (395,000 deaths).
-- 67% of the adult U.S. population was either overweight or obese
between 2005-2006.
-- Since 2002, Americans who are medically diagnosed as obese have been
allowed to claim federal tax deductions for doctor prescribed
treatments, "special food," and weight loss programs.
-----
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Fayette Front Page
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Wednesday, December 30, 2009
$100.3 Million Judgment Sought Against BP, According to The Buzbee Law Firm
/PRNewswire/ -- A Texas federal court was asked late Tuesday to enter a $100.3 million judgment against BP (NYSE:BP) after a federal jury rejected the company's denials about a series of allegedly toxic emissions in 2007 at its Texas City refinery, according to The Buzbee Law Firm.
On Dec. 18, a jury in Judge Kenneth M. Hoyt's court in Galveston, Texas awarded $100 million in punitive damages to 10 contract workers who alleged that they were exposed in a series of toxic emissions in early 2007 at the BP Texas City refinery. The trial was for the first 10 of at least 160 plaintiffs with pending claims related to the emissions. The Buzbee Law Firm intends to ask the court to select 10 more plaintiffs for trial as soon as possible.
Trial evidence showed that more than 100 people, including the 10 trial plaintiffs, were sent by BP to hospitals for medical treatment after the emissions. Hospital records confirmed the toxic exposure.
At trial, BP repeatedly denied that a leak had occurred. The company then claimed that the leak came from another source. However, BP could not identify the source, or explain why no other energy facilities in the area experienced emissions problems. Also, the company "suggested to the press that the entire incident may be a hoax by 'disgruntled workers,'" according to the workers' complaint. Trial testimony from industry experts confirmed that a leak did occur.
Also, the jury heard evidence that:
-- In the five years before the trial, more than 500 releases, spills,
leaks, and odor events have occurred at the refinery.
-- More than 45 unlawful pollutant emissions occurred at the refinery
during this same time period.
-- According to BP's former Fire Chief, the refinery averages one fire
per week.
-- An average of 200 leaks occur each year in valves, pumps, and
connectors at the refinery.
-- About 70 percent of the "odor events" at the refinery are either not
investigated by or not sourced by BP.
-- In recent months, BP was cited for hundreds of "willful and egregious"
federal Occupational Safety and Health Administration (OSHA)
violations related to process safety deficiencies at the refinery.
In trial, the judge presented the jury with a series of instructions and questions - including whether punitive damages should be awarded. The instructions stated that, if the jury found that "BP's conduct was so shocking and offensive as to justify an award of punitive damage," it should consider making such an award.
Tony Buzbee, the lead trial attorney for seven of the 10 trial plaintiffs, said, "After disparaging the claims of workers at the Texas City refinery, BP then rejected the verdict of a federal jury. This was a jury of sensible people with no ties to the workers or to BP. They were shocked and offended by BP's conduct. We hope the court's entry of this judgment will force BP to finally improve workplace safety at the Texas City refinery. Far too many workers have been killed or injured there through the years. BP employees and contractors deserve much better."
The judgment request includes $325,536 in actual damages, which the jury awarded the 10 trial plaintiffs, plus $14,184 in prejudgment interest and the $100 million in punitive damages.
The case is "Garner, et al., v. BP Products North America, Inc.," Civil Action No. G-07-221, in the U.S. District Court for the Southern District of Texas, Galveston Division.
-----
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On Dec. 18, a jury in Judge Kenneth M. Hoyt's court in Galveston, Texas awarded $100 million in punitive damages to 10 contract workers who alleged that they were exposed in a series of toxic emissions in early 2007 at the BP Texas City refinery. The trial was for the first 10 of at least 160 plaintiffs with pending claims related to the emissions. The Buzbee Law Firm intends to ask the court to select 10 more plaintiffs for trial as soon as possible.
Trial evidence showed that more than 100 people, including the 10 trial plaintiffs, were sent by BP to hospitals for medical treatment after the emissions. Hospital records confirmed the toxic exposure.
At trial, BP repeatedly denied that a leak had occurred. The company then claimed that the leak came from another source. However, BP could not identify the source, or explain why no other energy facilities in the area experienced emissions problems. Also, the company "suggested to the press that the entire incident may be a hoax by 'disgruntled workers,'" according to the workers' complaint. Trial testimony from industry experts confirmed that a leak did occur.
Also, the jury heard evidence that:
-- In the five years before the trial, more than 500 releases, spills,
leaks, and odor events have occurred at the refinery.
-- More than 45 unlawful pollutant emissions occurred at the refinery
during this same time period.
-- According to BP's former Fire Chief, the refinery averages one fire
per week.
-- An average of 200 leaks occur each year in valves, pumps, and
connectors at the refinery.
-- About 70 percent of the "odor events" at the refinery are either not
investigated by or not sourced by BP.
-- In recent months, BP was cited for hundreds of "willful and egregious"
federal Occupational Safety and Health Administration (OSHA)
violations related to process safety deficiencies at the refinery.
In trial, the judge presented the jury with a series of instructions and questions - including whether punitive damages should be awarded. The instructions stated that, if the jury found that "BP's conduct was so shocking and offensive as to justify an award of punitive damage," it should consider making such an award.
Tony Buzbee, the lead trial attorney for seven of the 10 trial plaintiffs, said, "After disparaging the claims of workers at the Texas City refinery, BP then rejected the verdict of a federal jury. This was a jury of sensible people with no ties to the workers or to BP. They were shocked and offended by BP's conduct. We hope the court's entry of this judgment will force BP to finally improve workplace safety at the Texas City refinery. Far too many workers have been killed or injured there through the years. BP employees and contractors deserve much better."
The judgment request includes $325,536 in actual damages, which the jury awarded the 10 trial plaintiffs, plus $14,184 in prejudgment interest and the $100 million in punitive damages.
The case is "Garner, et al., v. BP Products North America, Inc.," Civil Action No. G-07-221, in the U.S. District Court for the Southern District of Texas, Galveston Division.
-----
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Tuesday, December 29, 2009
FDA Warns Public of Continued Extortion Scam by FDA Impersonators
/PRNewswire/ -- The U.S. Food and Drug Administration is warning the public about criminals posing as FDA special agents and other law enforcement personnel as part of an international extortion scam.
The criminals call the victims -- who in most cases previously purchased drugs over the Internet or via "telepharmacies" -- and identify themselves as FDA special agents or other law enforcement officials. The criminals inform the victims that purchasing drugs over the Internet or the telephone is illegal, and that law enforcement action will be pursued unless a fine or fee ranging from $100 to $250,000 is paid. Victims often also have fraudulent transactions placed against their credit cards.
The criminals always request the money be sent by wire transfer to a designated location, usually in the Dominican Republic. If victims refuse to send money, they are often threatened with a search of their property, arrest, deportation, physical harm, or incarceration.
"Impersonating an FDA official is a violation of federal law," said Michael Chappell, the FDA's acting associate commissioner for regulatory affairs. "The public should note that no FDA official will ever contact a consumer by phone demanding money or any other form of payment."
FDA special agents and other law enforcement officials are not authorized to impose or collect criminal fines. Only a court can take such action, with fines payable to the U.S. Treasury.
Anyone receiving a telephone call from a person purporting to be an FDA or other law enforcement official who is seeking money to settle a law enforcement action for the illegal purchase of drugs over the Internet should refuse the demand and call the FDA's Office of Criminal Investigations Metro Washington Field Office at (800) 521-5783 to report the crime.
In addition to posing as FDA officials, criminals have posed as special agents of the DEA, FBI, U.S. Secret Service and U.S. Customs Service as well as U.S. and Dominican prosecutors and judges. In response, the FDA, in conjunction with various federal, state, and local agencies, is actively pursing criminal charges.
The FDA also reminds consumers to use caution when purchasing prescription drugs over the telephone or the Internet. In addition to the increased risk of purchasing unsafe and ineffective drugs from Web sites operating outside the law, there is the danger that personal data can be compromised. For more on FDA's concerns about unlawful drug sales on the Internet, see http://www.fda.gov/oc/buyonline/faqs.html.
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The criminals call the victims -- who in most cases previously purchased drugs over the Internet or via "telepharmacies" -- and identify themselves as FDA special agents or other law enforcement officials. The criminals inform the victims that purchasing drugs over the Internet or the telephone is illegal, and that law enforcement action will be pursued unless a fine or fee ranging from $100 to $250,000 is paid. Victims often also have fraudulent transactions placed against their credit cards.
The criminals always request the money be sent by wire transfer to a designated location, usually in the Dominican Republic. If victims refuse to send money, they are often threatened with a search of their property, arrest, deportation, physical harm, or incarceration.
"Impersonating an FDA official is a violation of federal law," said Michael Chappell, the FDA's acting associate commissioner for regulatory affairs. "The public should note that no FDA official will ever contact a consumer by phone demanding money or any other form of payment."
FDA special agents and other law enforcement officials are not authorized to impose or collect criminal fines. Only a court can take such action, with fines payable to the U.S. Treasury.
Anyone receiving a telephone call from a person purporting to be an FDA or other law enforcement official who is seeking money to settle a law enforcement action for the illegal purchase of drugs over the Internet should refuse the demand and call the FDA's Office of Criminal Investigations Metro Washington Field Office at (800) 521-5783 to report the crime.
In addition to posing as FDA officials, criminals have posed as special agents of the DEA, FBI, U.S. Secret Service and U.S. Customs Service as well as U.S. and Dominican prosecutors and judges. In response, the FDA, in conjunction with various federal, state, and local agencies, is actively pursing criminal charges.
The FDA also reminds consumers to use caution when purchasing prescription drugs over the telephone or the Internet. In addition to the increased risk of purchasing unsafe and ineffective drugs from Web sites operating outside the law, there is the danger that personal data can be compromised. For more on FDA's concerns about unlawful drug sales on the Internet, see http://www.fda.gov/oc/buyonline/faqs.html.
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Monday, December 28, 2009
ACLU's Attention to Rights Should Include Gun Rights, Says CCRKBA
/PRNewswire/ -- The American Civil Liberties Union of Washington has vowed to monitor legislative reaction to three different police shootings in Washington State to make sure the proposals do not ultimately violate people's rights if they become law.
The Citizens Committee for the Right to Keep and Bear Arms today reminds the ACLU that the right to keep and bear arms is a constitutionally-protected right, and demands the same protection from legislative abuse as any other civil right.
"While our thoughts and prayers remain with the families of those officers who have been murdered in recent weeks," noted CCRKBA Chairman Alan Gottlieb, "we share the ACLU's concern that the legislature's reaction may be to clamp down on the rights of law-abiding citizens, as well as the rights of criminal suspects, without actually accomplishing anything."
Washington ACLU spokesman Doug Honig was quoted by the Associated Press observing, "Our concern would be measures that are proposals that sound tough, but in practice won't do much to make us safer, but will restrict people's rights."
"That's what gun owners have been saying for years about restrictive gun control measures that don't reduce crime," Gottlieb stated. "Already, some lawmakers are using these police shootings to advance their personal anti-gun agenda, calling for legislation to ban firearms that were not even used in any of the recent incidents. We also expect an attack on gun shows. It's flash-without-substance political exploitation, and nothing more.
"When the time comes to fight these insidious proposals," he concluded, "we will be delighted if the ACLU joins in that battle. A civil right is a civil right, and gun prohibitionists in the Legislature need to recognize that. Gun owners are through taking the rap for crimes committed by ex-cons and neighborhood thugs. We will no longer suffer for the misbehavior of people who should not be on the streets in the first place."
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The Citizens Committee for the Right to Keep and Bear Arms today reminds the ACLU that the right to keep and bear arms is a constitutionally-protected right, and demands the same protection from legislative abuse as any other civil right.
"While our thoughts and prayers remain with the families of those officers who have been murdered in recent weeks," noted CCRKBA Chairman Alan Gottlieb, "we share the ACLU's concern that the legislature's reaction may be to clamp down on the rights of law-abiding citizens, as well as the rights of criminal suspects, without actually accomplishing anything."
Washington ACLU spokesman Doug Honig was quoted by the Associated Press observing, "Our concern would be measures that are proposals that sound tough, but in practice won't do much to make us safer, but will restrict people's rights."
"That's what gun owners have been saying for years about restrictive gun control measures that don't reduce crime," Gottlieb stated. "Already, some lawmakers are using these police shootings to advance their personal anti-gun agenda, calling for legislation to ban firearms that were not even used in any of the recent incidents. We also expect an attack on gun shows. It's flash-without-substance political exploitation, and nothing more.
"When the time comes to fight these insidious proposals," he concluded, "we will be delighted if the ACLU joins in that battle. A civil right is a civil right, and gun prohibitionists in the Legislature need to recognize that. Gun owners are through taking the rap for crimes committed by ex-cons and neighborhood thugs. We will no longer suffer for the misbehavior of people who should not be on the streets in the first place."
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