New York Accident Lawyer Blog

A toxic chemical, TCE (trichloroethylene), was found at excessive levels in the air inside and the soil around The Bronx New School (X051-also known as P.S. 51X). Testing for the chemical was performed in July 2011 and the following letter, dated August 29, 2011, was sent to former families and staff who may have been present at this school at 3200 Jerome Avenue, Bronx, New York:

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TCE has been linked to a plethora of problems with those who were exposed, including but not limited to: headache, dizziness, blurred vision, confusion, fatigue, nausea, unconsciousness, respiratory and circulatory depression and irritation, cardiac dysfunction, cancer of the kidney, liver, and esophagus, non-Hodgkin's lymphoma, adverse effects on female reproductive system and fetal development, and even death.

The website listed in the letter includes links to the July testing report, a TCE fact sheet, information on the new location for the school, and an August indoor air quality report for the new building, among other things.

If you think you were exposed to TCE, you should consider a medical examination with your physician. Keep in mind that there are pre-conditions and time limitations for filing a lawsuit against a public authority, such as the Department of Education. A failure to abide by these restrictions may result in a complete bar to your compensation for personal injuries sustained as a result of TCE exposure.

By Kathleen Beatty

If you took the bar exam, you probably took a course to prepare for it such as BAR/BRI, Kaplan, Pieper, or Ameribar. These courses provide sample test materials and live or digital legal education and practical advice for passing the test in each state. Over the years, BAR/BRI has been accused of entering into agreements to eliminate the competition to saturate and dominate the field. A few class action lawsuits were commenced, which are the only ones in history to contain a class of attorneys.

The latest BAR/BRI antitrust class action is not over yet. A California federal judge recently refused to sign off on a proposed settlement that would require West Publishing Corp., owner of BAR/BRI, to pay out $5.29 million in cash and Kaplan to supply coupons worth $150 each toward the future purchase of course materials to authorized claimants. If you took BAR/BRI, chances are you are now or will soon be an attorney and are not planning to go back to school ever again or anytime soon. If that is the case, coupons for Kaplan course materials are probably useless.

BAR/BRI has been through the rigmarole of antitrust class actions at least twice before, but the latest action is the first one where coupons have been integrated into the proposed settlement. In Ryan Rodriguez v. West Publishing Corp., the District Court approved a partial distribution of $30 million to authorized claimants, the balance of which will be distributed when appeals are resolved and the matter is final. The class members are those who purchased a full service course in the U.S. between August 1997 through July 31, 2006.

In Anthony Park v. Thomson Corp., BAR/BRI was required to, among other things, shell out $13 million. Class members include those who purchased a full service course in the U.S. between March 15, 2001 and January 4, 2008.

It remains to be seen whether class members will be adequately compensated and whether the settlement will effect meaningful change in the bar review industry. Hopefully scholarly coupons will not be a part of the final agreement.

Resources:
New York Law Journal, Coupons, Legal Fees Cause Judge to Reject BAR/BRI Settlement, Amanda Bronstad, 06.24.2011.

Rodriguez BAR/BRI Class Action Litigation Website.

Park BAR/BRI Settlement Website.

By Kathleen Beatty

The New York City Board of Education is supposed to provide a safe environment for our children to learn. Unfortunately, some schools fail in this respect, and students are being attacked while attending school. Parents have the right to send their children to school and expect them to come home unharmed.

As recently reported in the New York Times by Karen Zraick, a student was stabbed in the neck on his way to school in the Bronx. The victim is currently in critical condition at Jacobi Medical Center.

We at Leav & Steinberg, LLP. have represented many families whose children were attacked while in school. In one recent case, a settlement was reached with the City of New York and the Board of Education on behalf of the parents of a high school student who died for the sum of $550,000.00. A settlement was reached on behalf of another family, whose son survived the same stabbing but was seriously injured and traumatized, for the sum of $350,000.00.

Contact the New York School Assault Personal Injury Attorney if your child is attacked in school. As there are time limitations in which to file a claim with the City of New York and the Board of Education, time is of the essence in contacting an attorney. Our staff of attorneys, assisted by their support team of paralegals and secretaries, will thoroughly investigate the incident and discuss your rights with you and your family.

By Wendy Wong