TOP TRIAL LAWYER ACHIEVEMENTS: PART ONE
/I hope the New Year finds you and your families healthy and safe. 2021 marked the 75th anniversary of The American Association of Justice (AAJ), a national trial lawyer's organization, of which I am a proud member. This milestone made me reflect on the lasting, yet often overlooked, positive impact trial lawyers have effected in society through the use of our civil justice system. Below I will share with you some highlights of the work trial lawyers have done, which range from making automobiles safer and advocating for a safer planet by exposing drinking water hazards.
AUTO INDUSTRY
In 1978, the gas tank of a Ford Pinto ruptured in a rear-end collision seriously injuring and killing the two vehicle occupants. Litigation forced the auto maker to implement a safer design, which required the placing of all gas tanks within rigid frames. In the early 1990s, more than 700 people were injured and 271 were killed due to defective Firestone tires. Reports were made to the National Highway Traffic and Safety Administration (NHTSA) which led to an investigation in 2000 that forced Firestone to recall over 14 million tires. Those tires were found to have tread separation and made them susceptible to blowouts. Individual civil lawsuits as well as class action lawsuits were brought which prompted Congress to pass the Transportation Reporting Enhancement, Accountability and Documentation (TREAD) Act. This Act requires auto and tire manufacturers to report any auto or tire defect to the federal government.
THE ENVIRONMENT
The civil justice system has helped raise awareness of and uncovered unsafe levels of contaminants in the air and drinking water and other toxic exposures in consumer products and the workplace. As noted in the December 2021 issue of Trial magazine published by AAJ, (www.justice.org) “…Too often, state and federal regulators fall woefully short of protecting people and natural resources. Trial lawyers fill this void, advocating for better standards and holding corporations accountable when their practices and misconduct lead to pollution and toxic exposure that harm human health and the environment…”
While federal environmental statutes and regulations came about in the 1970’s as the public became aware of pollutants and toxic chemicals, civil cases predating the passage of those federal laws helped lay the groundwork for the eventual passage of environmental protection laws. More than 50 years ago in 1962, Consolidated Edison proposed building a hydroelectric plant in New York’s Hudson Valley, which would have required cutting into Storm King Mountain and turn a nearby forest into a reservoir. Local environmental groups filed a civil lawsuit in New York State called Scenic Hudson Preservation Council v. Federal Power Commission. This resulted in a determination that federal agencies that are responsible for granting permits to corporations must consider the environment and aesthetic impact of a project. This case helped pave the way for the enactment of a federal law titled the National Environmental Policy Act (NEPA).
Another significant case in New York State was the polluting of neighborhoods in Niagara Falls adjacent to the Love Canal. In the 1950s, Hooker Chemical Plastic Corp. acquired a piece of property into which it had dumped thousands of tons of hazardous chemicals and then covered it with dirt. Twenty years later, it was found that the chemicals were finding their way into the soil and in buildings in neighborhoods causing both personal injuries and property damages. Civil litigation forced Hooker Chemical to stop its chemical contamination and pay restitution to injured residents. This event led to federal legislation called the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) which created a federal “Superfund” to clean-up contamination at abandoned waste sites.
More recently, untreated water flowing from the Flint River in Michigan found its way into thousands of homes and was found to contain toxic lead levels. Residents were unable to drink this polluted water. Almost 9,000 children were exposed to unacceptable lead levels, which can cause serious effects leading to brain damage, developmental disabilities, and seizures in young children. As well publicized, residents filed lawsuits against the City of Flint, State of Michigan as well as the Federal EPA to compel them to comply with the Safe Drinking Water Act.
Stay tuned for Top Trial Lawyer Achievements: Part Two in which I amplify cases that fought hate by securing large judgments against racist groups through the brave and tireless efforts of civil rights advocates.
The information referred to in this blog was sourced from Trial Magazine, December 2021 edition