Ten year old John D. didn’t get the start in life that other children were blessed with. He came into this world with a mother who was incarcerated at the time of his birth, and was placed into foster care two days later. This would be the first of three foster care placements in just three years before he was adopted by his parents, who had also adopted his brother. At the time he was adopted, his parents were aware that he had been diagnosed with multiple developmental and emotional delays. As a result, John’s mom went back to school, earning a masters in the field of special education, in order to help facilitate success for her son. Throughout his early elementary years, John’s parents worked tirelessly with his schools to ensure he was getting the special attention and direction he needed to succeed. One of the benefits John was entitled to through the school district was a one-on-one aide. The school assured John’s parents that the aide who was assigned to John would help and comfort him throughout the day. This included but was not limited to assisting him in the classroom, at lunch and recess, and riding the bus to and from school with him. Unbeknownst to John’s parents, and despite their constant involvement with the school and John’s education, the aide who was assigned to John had not been providing the comfort and support that had been promised, and instead was acting antagonistically and confrontational with him at different points during the school day. At one point, the aide was removed by the school as John’s one-on-one aide during the school day and replaced with another aide. But, for some reason the school allowed the now removed aide to continue riding the bus with John, despite the issues that had developed. Within days, John was assaulted by the aide on the school bus during the ride home. Video footage from the bus captured the aide attempting to incite John, and ultimately assaulting him multiple times; all while the bus driver looked the other way as John cried out for help.

John D.’s case is one of the many child’s rights cases we handle here at GTA. Harm to a child can come in many forms and in different settings; at the hands of fellow students, a teacher, daycare provider, or any forum where a child is entrusted to the organized supervision of another. These providers, whether it be a teacher, principal or student aide, are legally obligated to protect your child from harm and abuse while in their care. Education Code Section(s) 44807 and 44808 impose mandatory duties upon schools to supervise students, and its employees, on school grounds as well as during any transportation the school provides. Whether a child is hurt on the playground by equipment or at the hands of another, the school is responsible for your child’s safety, at all times.

Although John D.’s case involved physical abuse by a school employee, legislation has been enacted to protect students from verbal abuse in the form of bullying on school campuses across the country. The California’s Student Safety and Violence Protection Act of 2000 and The Safe Place to Learn Act, also known as Seth’s Law, impose a mandatory duty upon public schools to take action to prevent bullying. Other states have also adopted similar legislation. These duties include, but are not limited to requiring schools to have, and publish on campus, a bullying policy as well as require employees to intervene immediately if bullying is witnessed. In addition to thwarting student on student abuse, the Legislature explained the goal of the Acts is to “strive to reverse the increase in teen suicide,” which has grown significantly of late, especially with the advent of cyberbullying.

Whether it’s physical, sexual, verbal or emotional harm, children have a right to learn in an environment that is safe and free from abuse. GTA believes in your child’s rights and is committed to holding those accountable who harm them.

On February 29, 2016, The New York Times published an article entitled “Monsanto Given Legal Shield in a Chemical Safety Bill,” uncovering certain language in the House version of a chemical safety reform bill. The bill as a whole is intended to modernize the Toxic Substances Control Act, known as TSCA, which was originally passed in the late 1970s. However, the New York Times uncovers certain bill language that may be used by Monsanto to argue preemption of PCB liability.

The current TSCA law regulates PCBs, which are toxic and have contaminated over 6,000 water bodies across America, according to the U.S. EPA. However, there is currently no preemption for PCB liability, and PCB litigation has resulted in many, many cases and trials across the United States for decades. The New York Times reports Monsanto has already used the House bill language in a currently filed case in Texas to argue for preemption from PCB liability.

Gomez Trial Attorneys and Baron & Budd represent six cities which have sued Monsanto for PCB liability related to water contamination. While no preemption exists, Monsanto appears to be using the bill language to argue for preemption. There is no such language in the Senate version of the bill, but both versions of the bill are in joint committee for negotiations.

The entire article can be read here: www.newyorktimes.com

GTA attorney John Fiske was quoted in the New York Times article, reacting to what would happen if PCB preemption actually became a reality.

“Taxpayers and public entities would be left holding the bag to pay hundreds of millions of dollars if not billions of dollars cleaning up Monsanto’s PCBs,” said John Fiske, one of the lawyers representing the six cities suing to collect money from the company to help cover cleanup costs.

This is an important development in these cases and yet another example of why large polluting corporations must be held accountable, rather than given free passes, for their liabilities.

The Ecolawyers practice is dedicated to clean water, clean air, and clean soil, pursuing polluters to take responsibility for their actions.

On February 18, 2016, Consumer Attorneys of San Diego (CASD) held its annual Awards & Installation Dinner at the San Diego Hall of Champions. Gomez Trial Attorneys lawyers and paralegals attended in force. CASD celebrated the achievements and contributions of its outgoing officers and board of directors. CASD also installed its incoming 2016 officers and board of directors. And CASD gave awards to some of its members and volunteers.

Gomez Trial Attorneys is proud to announce that one of its own, paralegal Lisa Cox, received a cherished President’s Award for her stellar performance as a volunteer for nearly a decade with CASD. Despite her busy paralegal schedule, Lisa has volunteered for CASD since 2008, taking the lead in helping to organize CASD’s first educational programming specifically designed for paralegals. She has also serve on the Membership Committee for several years, actively recruiting new members and sponsors for the association. Lisa won the Membership Recruitment Contest in each of the past three years. She has also spearheaded CASD’s Annual Toy Drive, which provides toys for children in need.

Lisa has been a paralegal for some of San Diego’s finest and well-respected attorneys for 26 years. We are fortunate that Lisa has been with Gomez Trial Attorneys for the past three years. The President’s Award is well-deserved, and we are all proud of Lisa Cox and the work she does at the Firm and in the community.

The National Institute for Trial Advocacy (NITA) held its annual Deposition Skills and Deposing the Expert Witness Programs in San Diego on February 18-21. Bibi Fell (GTA) and Gene Tanaka (Best Best & Krieger) co-directed the program for the third consecutive year. Fifty lawyers attended the program and learned important skills including how to exhaust a witness’ knowledge in a subject area, testing theories, gaining admissions for trial, and how to deal with obstreperous counsel in a deposition.

Experienced faculty from across the country including Florida, Indiana, New Mexico, and California taught the program.

GTA’s own Ben Coughlan served as faculty for the second year in a row, giving participants one-on-one feedback in the program’s breakout sessions. One-on-one feedback and NITA’s learning by doing method are the foundation of the program’s success year after year.

GTA’s own Kacie Wagner and Michael Castro ran the logistics of the program. Ben Wohlfeil, Max Halpern, Patrick Stormes-Swan, Kristen Barton, Lindsay Stevens, and Nicholas Graham attended the program. Jessica Williams participated in the program by playing the role of a witness.

GTA is proud to be a strong supporter of such a valuable skills-based program.

On Wednesday, February 24, attorneys from Gomez Trial Attorneys attended the San Diego City Attorney Debate hosted by the Association of Business Trial Lawyers (ABTL). The debate was titled “Decision 2016 – Meet the Candidates for San Diego City Attorney.”

The attorneys were treated to a lively and intelligent debate between Ethics Commission Chairman Gil Cabrera, Port Commissioner Rafael Castellanos, Chief Deputy City Attorney Mara Elliot, County Prosecutor Robert Hickey, and First Amendment Lawyer Bryan Pease. Also on hand were esteemed judges from both the Federal and State bench.

Moderated by the Honorable Herbert B. Hoffman (Ret.), Judge Hoffman posed tough questions to the candidates ranging from their philosophy of the City Attorney’s role in government to what each candidate would do on their first day in office. The debate also delved into specific issues, including programs to help the homeless population and the prospect of building a new NFL stadium for the San Diego Chargers.

The host of the debate, the Association of Business Trial Lawyers was created in 1973 to develop a better forum for discussion of business trials. With a chapter of 765 members in San Diego alone, the ABTL provides legal education programs that promote an exchange of information between the bench and bar, and camaraderie amongst trial lawyers in commercial and business matters. Gomez Trial Attorneys is proud to promote the efforts of ABTL and will continue to support events like Decision 2016.

The candidates asked the audience to please vote in the June 7, 2016 Primary Election. Great Americans have fought to protect our right to vote and we encourage all to vote and participate in San Diego’s Democracy. The general election will take place on November 8, 2016.

GTA proudly sponsored Lawyers Club's Red White & Brew event on February 11. With over 200 attendees, the annual event is a fun evening for a great cause. While guests enjoy "tastings and pairings" they also contributed to raising money for Lawyers Club's Fund for Justice, which donates money to local organizations who are providing services to women and young girls who need it most. Last year Lawyers Club awarded almost $50,000 to local charities who combat domestic violence, human trafficking, help with education, literacy and serve at-risk women. "The event was not only fun, but it was great to see more than 200 people come together to socialize, but more importantly, to raise money for deserving organizations," said GTA Senior Trial Attorney and Lawyers Club President, Deborah Dixon.

GTA continues its focus on making a difference in our community by supporting events like Red White & Brew, organized by Lawyers Club. GTA is proudly the Diamond Sponsor of Lawyers Club.

On February 18, 2016, Victoria Lazar of Gomez Trial Attorneys attended the North County Bar Association’s February dinner. Attorney C. Bradley Patton regaled attendees with the story of his successful representation and acquittal of Richard Tuite for the brutal murder of 12 year-old San Diego resident, Stephanie Crowe. In a case largely based on circumstantial evidence against his client, Mr. Patton skillfully crafted arguments to reveal the inconsistencies in the prosecution’s case and evidence. Mr. Patton’s creative evidentiary arguments and persistence in explaining the prosecution’s burden sets a great example for all trial lawyers, both criminal and civil. Gomez Trial Attorneys congratulates Mr. Patton on his notable victory in the pursuit of justice.

GTA trial attorneyJohn Fiske presented at the American Association of Justice (AAJ) Winter Conference in Boca Raton, FL. John followed the Ecolawyers practice theme: Elements. Last year, John covered the element of Fire, discussing wildfire litigation.

This year, John covered Water, Earth, and Air, discussing groundwater contamination cases.

Groundwater contamination causes property damage to water as groundwater carries chemicals underneath property and sometimes into drinking water wells.

As groundwater passes underground, the chemicals also contaminate soil, causes property damage to land as well.

And finally, the chemicals can vaporize and percolate through soil, through building foundations, and into buildings such as homes and schools.

Groundwater contamination can cause damages such as property damage, costs to remediate, medical monitoring, and even personal injury.

John's AAJ presentation emphasized how any attorney can identify and investigate a groundwater contamination case, and team up with another firm to collaborate on these very important cases.

On February 22, 2016, a $250 million settlement in principle was reached between plaintiffs and Fresenius Medical Care to settle claims over their GranuFlo and NaturaLyte dialysate products. GranuFlo and NaturaLyte are dialysates that are used in dialysis centers across the country to treat patients with kidney disease or failure. The lawsuits were centralized primarily in a state and federal court in Massachusetts – the state where Fresenius’ North American headquarters is located.

Gomez Trial Attorneys represents over 300 clients that have alleged either injury or death as a result of receiving GranuFlo or NaturaLyte. The signature injuries involved with the products include heart attack and cardiopulmonary arrest.

In 2012, the FDA issued a Class I Recall notice because inappropriate prescription of these products could lead to a high serum bicarbonate level in patients undergoing dialysis. The result was an increased potential for metabolic alkalosis, a significant risk factor associated with cardiac arrhythmia and cardiopulmonary arrest. Plaintiffs claimed that Fresenius knew of the danger associated with the products and failed to adequately warn and inform the public as well as health care providers.

The details of the settlement have not yet been finalized and are currently being worked through. The Plaintiffs Executive Committees of both litigations, including Kreindler & Kreindler, LLP, Janet, Jenner & Suggs, LLC, Hagens Berman Sobol Shapiro LLP, Herman Herman & Katz, LLC, Levin Fishbein Sedran & Berman and Seeger Weiss, LLP, were all instrumental in obtaining this settlement.

If you or someone you know suffered a heart attack during or immediately after receiving dialysis, contact attorneys Ahmed Diab, Kristen Barton, Lindsay Stevens or Nicholas Graham for a free case evaluation, 619-237-3490.

The practice of “class action” lawsuits have become popular in the news recently, even making a debut in the presidential campaigns. Class action lawsuits allow multiple people who have been injured by the same product, or fraud or misrepresentation or violation of a statute, to bring their claims together instead of individually suing the same person or company. The benefit to both the judicial system and to individuals is that each person does not have to file a separate lawsuit, which saves the courts’ time and resources, as well as the many individuals who have been harmed. Numerous lawsuits that are brought as class actions would ordinarily be too small for a single individual, or even a couple of individuals, to file as a lawsuit because the damages are small or because the amount of time and money it takes to litigate a claim against a company. But, when filed as a class action, all the individuals are represented by lawyers who are advocating for everyone injured, not just the “class representatives” who have brought the lawsuit. The lawyers represent the class of people, even though they have not had to file each individual separate lawsuits. The American Bar Association has traced the origins of class actions to medieval chancellors in England in the 13th century where groups of villages were represented by a small group who were able to prosecute claims on behalf of the entire village. The United States Supreme Court approved the class action model in 1842, since then the procedure for class actions has been amended several times. Class actions can be very complicated given the procedural hurdles and high standard to prove there are enough people injured by the same product or action such that there is a common fact and legal remedy between all the class members resulting in damages that can be applied to everyone in the class.

Our class action team at Gomez Trial Attorneys has experience in all aspects of class action litigation, from filing, briefing, settling and ultimately trial. We strongly believe in the right to assert a class action lawsuit to help many people at the same time. If you would like to discuss the class action practice further, please feel free to contact Deborah Dixon, 619-237-3490.

At the beginning of the year, I launched a new personal project, the San Diego Farm Animal Rescue. So far in 2016, I’ve rescued three horses, a slightly disabled pot-bellied pig, and raised over $4,000 through my Airbnb studio. Here’s a little bit about the work it takes and the things I’ve learned.

The three mares (female horses) came from loving homes. In each case, the owners became unable to personally care for their horses. So, instead of winding up at a slaughterhouse, the owners reached out to SDFAR, where the mares are free to run in open pasture. It is estimated that over 2,500 horses are slaughtered in North America each week. While it is illegal to slaughter horses in the United States, it is still legal to ship them to Mexico and Canada where they are slaughtered for meat. Gross. Allowing horses to live out their lives here helps reduce this casualty rate.

The pot-bellied pig is a 75 pound, 4-year-old grunter. He appears to be knock kneed, causing him some difficulty walking-- and, he loves to give speeches. Thus, I’ve renamed him Roosevelt. He loves to redecorate the fallen Cherimoya leaves in the garden, burying his nose like pigs do.

So far, this has required much more work, time, and patience than I originally expected. Each morning before work, all the animals need to be fed and watered, and we usually chat about the day to come. Each night after work, all the animals need to be fed and watered, and we usually chat about the day behind us. Sometimes the horses eat each other’s food, or don’t seem to want to eat at all until I hand feed them, other times they seem indifferent. Sometimes they make a mess and expect me to clean it up, which I do. There is no doubt, they have made my days even longer than they already are.

Without a doubt, my patience has already been tested. One minute the mares will majestically gallop under the moonlight, and the next they’ll be biting each other in the ass. Sometimes they are uncomfortable, or scared, or nervous, or hungry, or whatever.

Tapping into my greater patience provides me a new opportunity to feel compassion when it’s really needed. In other words, using words like “compassion” when horses are being majestic or when a pig is being cute is one thing, but acting on compassion when you’re cleaning up pig vomit at 11pm on a work night is something entirely different.

You see, I don’t have kids. So, for me, this is a first bite of the apple, at age 32, to actually care for others who are totally helpless without me. Before this, I have never really been responsible for anyone other than myself. And, while this cannot compare to having kids, it’s a little preview of what’s to come I think. I’m good with it.

My back hurts.

But, these are sentient beings. They think, feel, emote, communicate, and experience. Sometimes they seem more human than some self-portrayals on Facebook. So, if a little back pain means their feelings, thoughts, and experiences are good, then that makes me happy. As SDFAR progresses, I hope to incorporate more people interaction so others can feel the same happiness around these sentient animals.

In the meantime, every time I’m shoveling horse poop, and I think about how much work this takes, I will fully admire and think of all of you who do have kids, and I’ll pour some hay out for all you homies.

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