Recent News about Mesothelioma and Asbestos Exposure
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Local attorney helps McLarty defeat AAJ favorite
In a stunning upset this week, Dallas attorney Mary Alice McLarty won a top leadership post of the American Association of Justice at the group's annual convention in Vancouver.
"This is quite unusual," said Richard Dodd, an attorney from Cameron who worked on McLarty's campaign at the convention. "Mary Alice had to unseat someone who served AAJ through the ranks."
McLarty defeated Richard M. Golomb, a Pennsylvania attorney, for the vice-president's post. Golomb had served at the group's secretary, treasurer and parliamentarian.
"Usually, once an AAJ officer makes vice-president, that attorney is a shoe-in for the presidency," said Dodd, noting that McLarty has in the past worked with Dodd and with his firm, Cappolino Dodd Krebs LLP in Cameron.
Dodd said that the victory is important to Texans because it will help focus much-needed national attention on legal issues in this state. He said that he and attorneys like him have been working for years to protect the rights of working people but the legal landscape has made it difficult.
"It's been a tough road in Texas," he said. "Especially for workers and their families who have been poisoned by asbestos exposure and who have mesothelioma. It's getting harder and harder for victims like this to have their day in court."
Dodd said that by having a larger leadership role in the largest group of attorneys who represent victims in North America and the world, it should help further victim's rights in Texas. "This should be an important step to help victim's rights against big corporations.
AAJ's mission is to promote "justice and fairness for injured consumers, safeguard victims' rights—particularly the right to trial by jury—and to protect the democratic values inherent in the civil justice system."
Dodd is a senior partner in Cappolino Dodd Krebs LLP in Cameron and Port Lavaca, Texas.
Jurors can sniff out frivolous lawsuits
A Texas personal injury attorney notes that a recently concluded big-dollar civil trial in Milam County clearly demonstrates that America's jury system really works.
"This trial was very interesting to me," said Richard Dodd, a senior partner with Cappolino Dodd Krebs in Cameron. Dodd has extensive litigation experience, especially against Alcoa, one of the parties in the trial. "Truly, contingency lawsuits have their place in Texas and this proves it. The system really is very good at weeding out frivolous lawsuits."
Because the legal landscape has shifted so dramatically in the last few years, it is increasingly difficult for someone who has been injured in the workplace or by the actions of a large company to have a day in court.
In most cases, Dodd said, the cost of mounting a successful civil suit is so great that lawyers won't take a meritless case on a contingent basis. It simply would not make sense. In addition, he said, judges have very little patience with frivolous suits. It is not uncommon for judges to throw meritless lawsuits out and sanction the attorney who brings them.
"On top of that, most jurors are pretty smart," Dodd said. "You put 12 people together and they know when something doesn't pass the smell test."
Dodd noted that Alcoa has been at the forefront of tort reform in Texas yet, the company had no qualms about filing a civil lawsuit as a way to deflect public criticism.
"Like they've done to other American communities, Alcoa wanted to shift the blame for closing the Rockdale smelter, putting 600 Union workers out on the street and wrecking a local economy. Luminant was a handy scape goat. So Alcoa filed a lawsuit."
The current disaster in the Gulf of Mexico is a graphic demonstration of how short sighted the tort-reformers have been, said Dodd. Should the economic impact of the oil spill spread to here, individual Texans will find it difficult to navigate the legal system to recover damages.
"I've heard it time and again. The only way for a plaintiff to win in front of our all-Republican Texas Supreme Court is to be a big corporation. Working Texans and small mom-and-pop businesses just don't have a chance, and without a good attorney, the case is hopeless."
The Center for Justice and Democracy has an excellent link (http://www.centerjd.org/FAQ.php) that explains tort reform and why the subject matters to working Texans.
Message from Rick Dodd
In New York in a near silent air-conditioned building, there’s a room filled with the smell of fresh cut flowers and gourmet coffee. The deep, plush carpet flows evenly to walls that rise to a ceiling from which hangs a chandelier, which highlights the rich grains of a mahogany table, around which men who speak in soft, determined tones sit. Men of self-import. You can tell their importance, not so much because of their Park Place address, not so much because of their stiff collars, not so much because the room in which they sit surrounds them with manly artistry; but instead you can tell by the soft tones with which they use deliberate words. With soft tones they speak of global market expansion, cost management, human hours reduction, foreign governmental cooperative projects, domestic reduction controls. With soft tones and deliberate words they pace steadily towards a focus that is dictated by the bottom line on an accountant’s spreadsheet. These soft tones and deliberate words impact people far, far away. Like in 1952, when a vast manufacturing plant consuming huge amounts of electricity opened among our virginal people. Virginal people who were not given choices, but considered others to be responsible without question. Because, you see, that’s what they were, that’s how they did it.
They were excited because they had an opportunity to leave the farm, to work so that they wouldn’t starve. They did not consider that others might poison them with NOx, SOx, and other pollutants belching from ALCOA’s 1, 2, & 3 over a long period of time. Day by day, among the near-deafening wheeeeer of spinning turbines, industrial fans, and flowing steam, men sweated amongst the smell of hot steel and electricity and still … other men continued to speak in soft tones. By 1972, the soft speaking men knew our laws; laws in place to protect not only our bodies, but also the land and water which we might claim to own, but of which really we know we are merely stewards. Truly, our legacy to our children and our children’s children. These soft speaking men knew our laws had been enacted which allowed ALCOA’s 1, 2, and 3 to operate under the “grandfather” clause—a clause that, by its very name, suggests the lawmakers envisioned wear, tear, and aging equipment and technology that would dictate the “grandfathered” ALCOA 1, 2, & 3’s death and its closure within a relatively short time, maybe within 10 years, surely within 20.
But men who speak in soft tones, because their corporate culture focuses their eyes on the bottom line of their accountant’s spreadsheets used very deliberate words spoken in soft tones to dictate that ALCOA’s 1,2, & 3 continue to churn and turn and burn. After all, their focus was not on the stacks from which flowed the most pollution of any generating plant in the whole United States. Men who’s corporate focus dictated that their 1950’s era 1,2, & 3 generating plants run and run and run for years and years … getting every dollar out of “grandfather.” A focus on ALCOA’s spreadsheets as they continued to fatten from this steady diet of “cheap electricity”—cheap, at least, from their view out their Park Avenue plate glass window.
So why would these men feel so empowered, why so confident that they could skate near and even over the edge of acceptable or legal behavior? Why? These men who speak in soft tones were welcomed, with cookies and punch receptions, welcomed with lots of open arms, welcomed with double-hand shakes, and backslapping. Wherever they went, they were granted local privileges. This was a universal and international welcome, such that it was a natural flow that men who speak in soft tones became self-assured with their positions and their power within each of their occupied communities. So content with their power that they were comfortable with “bullying” local governments and communities with the threat of “leaving.” They would “negotiate” with this economically devastating community knock down blow. A “negotiating” strategy that they had become comfortable with, resulting in many, many corporate contentments. Usually getting what they want when they wanted it … without much opposition. Occasionally someone or some group would stand up and challenge this privilege, sometimes with success, success like overturning Sweetheart bailouts and stopping excessive politically driven subsidies. But mostly their opposition would be pushed aside and their loving community would brand the challenger a “troublemaker”.
This story, in which we are now involved, like most good stories, has its good guys and its bad guys. But what’s real important is that we recognize who are the first, real heroes in this story. Our neighbors. Our neighbors for neighbors investigated the facts, poured over the documents, and with meager means, stood up to the “privileged bully.” What they uncovered was so revealing and so shocking that the Department of Justice stepped in. This stepping in was significant because at the time (in the early 2000s), the political climate was such that the Department of Justice’s budget was short for these types of corporate and environmental prosecutions. Indeed our heroes had the goods. Now, we all sat here and watched, we watched the dance of “we were never found guilty of violating any laws,” said in such a believable, and straight-faced way that one might recognize their history of privileged position. Because of their self-assured position of absolute power, they are very comfortable and confident that they did no wrong, that they could thumb their nose over our laws and refurbish and rebuild ALCOA’s 1,2, & 3 and increase the output so they could better their focus on the accountant’s spreadsheets. But we know, yes we do, we know that crimes were committed. Crimes against us, crimes against our land, our rivers, our air … all of which are our children’s legacy. So we absolutely cannot forget that they made their own nest. A nest that the good Federal Judge Sparks turned into their pickle jar, and rightly so.
Today, we can not forget, as the smell of vinegar lingers, that ALCOA was perfectly okay with all the contracts and heavily negotiated deals — deals studied with legends of lawyers and columns of accountants. ALCOA, like all huge corporations, makes plans, plans for all types of contingencies, all types of future economic slides. And as each of us stand on this slope’s edge, holding on as best as we can, ALCOA still speaks in soft, deliberate tones, still feels a position of power, still feels a position of privilege in our community, comes in here and asks you to change the contract. If that appeals to any one of you, any of the 12 chosen ones, I’d ask our friends and heroes to stand firm as you go behind closed doors. And while you are in the room of power, consider the whole story, a story that began in a time of innocence. A story that has true heroes, our neighbors, who first brought these many truths to our justice system’s doorsteps. A story, where a mine manager has no mine outside this courtroom to manage. Don’t let him use you as his pick and shovel. Instead, be a new hero in a story with a happy ending. A story ending with our air being cleaner and, over time, rivers that once again have fish that our children and Future mothers may eat without fear. An ending with our community being cleaner, safer and more livable. A community that I’ve been proud of for my whole life. After this is over, my hope is that each of you may go about your responsibilities with continued pride.
You now have the power.
Richard Dodd named 'Fellow' of national advocacy college
Local attorney Richard A. Dodd has been named "Fellow" of the prestigious National College of Advocacy.
"This designation represents more than 200 hours of continuing legal education within the group, and signifies a commitment to effective representation through professional development," said Anjai Jesseramsing, senior vice president of the American Association of Justice, adding that Dodd's "dedication to achieving a high level of competence is obvious."
Jesseramsing noted that the goal of the continuing education program is to build and develop professional knowledge through a commitment to the development of skills and study of the substance of the law. This continued work exemplifies a commitment to the client, he said.
"Continuing legal education always plays an important role in any lawyer's ability to be effective," Dodd said. "I'm happy to be honored but being named a 'Fellow' really means you've been around for a long time."
Dodd is a senior partner in the Cappolino Dodd Krebs LLP law firm in Cameron. He has already been named a "Fellow" by the Texas Bar Association in 1996, the College of the State Bar of Texas in 2000 and the Roscoe Pound Institute in 2001.
Brown Graduates from Exclusive Trial Lawyer College
When renowned trial lawyer Gerry Spence invites an attorney to his exclusive training camp, that attorney should not decline the invitation.
That's what happened to Craig Brown, an attorney for Cappolino Dodd Krebs LLP, a law firm in Cameron. He just returned as a graduate from the intensive, three-week boot camp on a 40,000 acre Wyoming ranch.
Spence, a noted trial lawyer, has not lost a civil case in 40 years and has never lost a criminal case. He successfully defended Imelda Marcos, wife of the former Philippine president, and Randy Weaver of Ruby Ridge fame. Wearing his trademark buckskin jacket, Spence was also an expert commentator for CNN during the O.J. Simpson trial.
"Graduates from the Trial Lawyer College (TLC) have a phenomenal records of success," Brown said on his return. "Nearly every major verdict in the United States last year could be tied directly or indirectly to TLC graduates."
According to its mission statement, the TLC is "committed to obtaining justice for individuals: the poor, the injured, the forgotten, the voiceless, the defenseless and the damned."
Only 16 of the exclusive camps have been held since its inception in 1994 and fewer than 1,000 attorneys have ever been invited to attend. Fewer than sixty attorneys are invited to attend each camp.
"I just feel very blessed to have been able to attend something like this, and I look forward to putting the knowledge into action," Brown said.
Alcoa Announces Layoff of Rockdale Employees
Our thoughts and prayers are with all our neighbors who will be affected by Alcoa's layoff announcement. Given the approaching holidays and the bleak unemployment data, this is a terrible time for Alcoa to abandon its workers. No doubt these jobs will be quickly outsourced to the newest plants in Iceland, among others. Make no mistake, Alcoa betrayed over 600 local Milam County families. Donating to local swimming pools and bake sales cannot disguise the fact that many have lost their health and even their lives to keep Alcoa profitable. The jobs may be leaving, but the health and environmental effects will persist for decades. It may be the end of the Milam County era for Alcoa, but it is not the end of the Alcoa era for Milam County.
Mesothelioma attorney Craig W. Brown was awarded Texas Monthly's top up-and-coming Texas lawyers "Rising Stars" designation for his efforts in working for people in cases of toxic exposure, mesothelioma, cancer, and lung disease. Brown is an attorney at Cappolino Dodd Krebs LLP, and represents many asbestos victims who worked in the smeltering industry and their families who were affected by asbestos on the workers' clothing and personal items. Texas Rising Stars is published by Texas Monthly through independent research conducted by Law & Politics magazine. Fewer than 2.5 percent of Texas attorneys are named Rising Stars.
Cappolino, Dodd, and Krebs legal team stands behind the men and women of the United Steel Workers in Rockdale, Texas
The Cappolino, Dodd, and Krebs legal team attended the USW (United Steel Worker's) #4895 Family Day Celebration on August 2, 2008 in Rockdale, Texas. Our asbestos exposure lawyers stand behind the men and women that work to make this country great. Some of the photos of the event are below:
Cappolino Dodd Krebs LLP Ribbon Cutting Ceremony for the Port Lavaca Office on April 7, 2008
On April 7, 2008, Cappolino Dodd Krebs LLP held a ribbon cutting ceremony for their new office in Port Lavaca. Members of the Chamber of Commerce were on location for the ceremony. The new office is located at 106 S Commerce, Suite 5, Port Lavaca, Texas 77979.
Cappolino Dodd Krebs LLP Makes a Gold Sponsorship Donation for American Cancer Society’s Rockdale ‘Relay for Life’
Cappolino Dodd Krebs LLP of Cameron made a gold sponsorship donation to the American Cancer Society’s Rockdale Relay for Life last week. Accepting the donation, and representing the Relay for Life committee, was Marie Bakken (third from right). From left are Gerry Heitman, Marilyn Jekel, Debbie Sims, Valerie Farwell, Bakken, Janice Johnson and Danielle Donnelly. All but Bakken are law firm employees. The Rockdale Relay for Life is scheduled for May 17-18 at Tiger Stadium in Rockdale. The event is targeted to all of Milam County in efforts to raise money and awareness in preventing cancer.
Jacksonville, Florida at T2 Lab - Chemical Plant Explosion Kills Four People and Many Injured
According to CNN, "Four people were killed and several injured after an explosion Wednesday at a chemical plant sent a thick plume of smoke over a section of Jacksonville, authorities said." "Literally, it's a hellish inferno. There is no other way to describe it,"" said Fire Department spokesman Tom Francis. Fourteen people were hospitalized after the blast at the T2 Lab on Faye Road, in an industrial area on the waterfront in north Jacksonville, Francis said." If you or a loved one has been injured as a result of this explosion, please do not wait to contact our mesothelioma lawyers today. To read the full story on CNN click here.
Craig Brown Wins First Case As Lead Counsel
Over the past five years asbestos exposure lawyer Craig Brown has been involved in many trials, including asbestos lawsuits, all over the state of Texas. Some cases were tried as co-counsel and in others Craig was second chair. Craig's first trial as lead counsel concluded Thursday, September 13th, 2007 in Burleson County, Texas with a win for the Plaintiffs. In a case with soft tissue injuries and eight-month gap between treatments Craig obtained a verdict in excess of an amount that allowed for maximum recovery.
Cappolino, Dodd, and Krebs legal team stands behind the working men and women.
The Cappolino, Dodd, and Krebs legal team attended the USW (United Steel Worker's) #4895 Family Day Celebration. Our team of mesothelioma lawyers wanted to provide support for this event because our firm stands behind the working men and women that make this country great! Here are some photos from the event:
TxU offers are too good to be true
In reference to the story in The Cameron Herald newspaper, "Feeding the (Power) Hungry," March 22.
This clearly demonstrates the callousness with which big corporations like TxU treat rural Texans. They want to dump over 9,000 tons of pollution into our air every year from a coal plant in Milam County, then they offer huge tax revenues and economic benefits to placate local officials while the rest of us are kept in the dark regarding the health risks. The laws of nature tell us nothing is for free. We'll be mortgaging our health for generations to come, and realize too late that we've traded economic benefits today while condemning future generations to the horrors of birth defects, asthma, lung cancer and other debilitating diseases. These horrors will ultimately mean a huge economic deficit for our community.
If it sounds too good to be true, it probably is.