November 2009 Archives

United States Attorney Karen P. Hewitt announced the filing of an information and the guilty plea today of an individual involved in the death of Customs and Border Protection Border Patrol Agent Robert W. Rosas, Jr. Agent Rosas was shot and killed on July 23, 2009, while he was on a routine patrol near San Diego, Calif. The information charges the defendant with the murder of a federal officer committed in perpetration of a robbery.

According to the plea agreement, Christian Daniel Castro-Alvarez, age 17, admitted that during the evening of July 23, 2009, he illegally entered the United States for the purpose of robbing a Border Patrol agent of government property. While Agent Rosas was engaged in the performance of his duties, Castro-Alvarez and his co-conspirators lured Agent Rosas out of his vehicle for the purpose of robbing him. During the course of the robbery, Agent Rosas and the defendant struggled over a firearm and Agent Rosas was shot multiple times by the defendant and one or more of the co-conspirators. Agent Rosas died as a result of the shots fired by one or more of the co-conspirators.

The defendant appeared before the Honorable M. James Lorenz, United States District Court Judge, this morning for a motion to transfer proceedings against a juvenile to adult criminal prosecution. He was later arraigned on the information and entered a guilty plea. According to documents submitted in district court in connection with the hearing today, the defendant was a minor at the time the offense was committed and he voluntarily surrendered to the United States to face criminal charges.

"Border Patrol Agent Robert Rosas was killed in the line of duty bravely protecting our border. Our nation owes him and his family a great debt of gratitude for his ultimate sacrifice in service of our country. Today's guilty plea is an important step in seeking justice on behalf of Agent Rosas," said United States Attorney Hewitt.

United States Attorney Hewitt also noted that, "since July 23, 2009, when this tragic incident occurred, federal agents and prosecutors together spent countless hours focused on this investigation. Our work on this case is not yet done, but I want to extend my deep appreciation to all of them for what they have achieved thus far and for their shared commitment to justice. The agents of the FBI San Diego Field Division deserve special thanks for their swift, professional, and comprehensive action in investigating Agent Rosas' death."

San Diego FBI Special Agent in Charge Keith Slotter commented, "While the investigation is ongoing, today's plea marks a significant day in this case. The night Agent Rosas was killed we all lost a brave officer whose mission was to defend our country from threats both domestic and abroad. We recognize the ultimate sacrifice Agent Rosas paid protecting this country. I am proud of the hard work our agents and the U.S. Attorney's Office have put into bringing this individual to justice."

The defendant is scheduled to appear next on Feb. 19, 2010, at 10:30 a.m., before Judge Lorenz for sentencing.

The investigation was assisted by Immigration and Customs Enforcement, Customs and Border Protection U.S. Border Patrol, and the San Diego County Sheriff's Department. The case is being prosecuted in San Diego federal court by Assistant U.S. Attorneys Michelle Pettit and Seth Askins.

Veteran Managers at SONGS Nuclear Power Plant near San Clemente Say Southern California Edison Retaliated When They Reported Nuclear Safety Concerns

In whistleblower complaints filed this week with the U.S. Department of Labor, two managers at Southern California Edison's San Onofre Nuclear Generating Station (SONGS) say the company violated federal law when it retaliated against them for raising nuclear safety concerns.

Rick Busnardo and Mike Mason have worked at SONGS for 25 and 29 years respectively, and together manage the fabrication shop that builds steel casks for the long-term storage of the plant's spent fuel rods. The integrity of the casks is critical because the spent fuel remains highly radioactive for hundreds of years.

Busnardo and Mason allege that trouble began when they reported a "willful violation" of nuclear-safety standards to the Nuclear Regulatory Commission (NRC) in October 2008, after learning that a fabricator in their shop had performed welding operations that fell short of the plants' quality-assurance specifications. Busnardo and Mason believe their report angered Edison management because the NRC had cited the SONGS plant for a high level of such willful violations several months earlier, and the company wanted to avoid further scrutiny.

When upper-level management began to ostracize Busnardo and Mason and downplay the accuracy of their report, the two managers wrote an email to Edison's CEO and other senior management complaining that the company had created a chilled environment in which employees were afraid to raise safety concerns for fear of retaliation. The managers allege that Edison responded to their whistleblowing by removing their duties, denying Busnardo a promotion, issuing Mason a negative performance review, and attacking their professional reputations.

David J. Marshall, an attorney with the Washington, D.C., whistleblower law firm of Katz, Marshall & Banks, LLP who represents the workers, said that Busnardo and Mason have filed their complaints to ensure that SONGS employees and other nuclear workers can raise safety concerns without fear of retaliation. "Busnardo and Mason are protecting the health and safety of their coworkers and their communities," Marshall said. "Millions of people are in serious danger if workers at nuclear power plants can't speak out about safety problems without losing their jobs."

Orthopedic surgeon fails to diagnose and treat hip dysplasia in a newborn baby

A Fort Worth family has been awarded $210,530.73 by a Dallas County jury in a medical negligence case resulting from improper treatment to a newborn child by an orthopedic surgeon.

The lawsuit was filed in Dallas County by the child's mother, Tiffany Martinez, and alleged that Dr. Monica Omey and DFW Orthopedic Associates, P.A. failed to diagnose the hip dysplasia [dislocation] and failed to provide appropriate care for the child. Trial began in Dallas County before Judge King Fifer on October 26. On October 30 the jury reached a verdict in favor of the family and awarded $210,530.73.

Tiffany's daughter was born on April 7, 2005. Her pediatrician referred her to an orthopedic surgeon, Dr. Monica Omey at DFW Orthopedic Associates, P.A., for evaluation and treatment of possible hip dislocation. The jury found that Dr. Omey was negligent in the care provided to the child.

As a result of Dr. Omey's failure to diagnose and treat the hip dislocation, the child required surgery to repair her hip. She spent three months in a cast, several more months in a brace, and may require future surgery. The evidence showed that the child has had a positive recovery with no current limitations in her activities.

"Children should receive the quality of care that they deserve from healthcare providers," said attorney John David Hart of the Law Offices of John David Hart in Fort Worth, who represented the family. "We are pleased that the jury found the physician responsible for failing to provide the appropriate care to the baby."

The Law Offices of John David Hart is a group of experienced and dedicated legal professionals working to protect the rights of people wronged by the acts of others. Across the country, the firm represents individuals in cases of medical malpractice, catastrophic personal injury, wrongful death, dangerous drugs, automobile and truck accidents, oil and gas and commercial litigation.

SOURCE The Law Offices of John David Hart

Sixteen new lawsuits allege that KBR, Inc. (NYSE: KBR) jeopardized the health and safety of tens of thousands of American soldiers and private contractors in Iraq and Afghanistan by burning vast quantities of unsorted waste in enormous open-air burn pits with no safety controls.

The lawsuits were filed during the past week in federal courts throughout the nation by Burke O'Neil LLC and co-counsel on behalf of military veterans and private contractors. The suits allege that round-the-clock hazardous emissions from the burn pits caused illnesses such as multiple cancers, respiratory disease, pulmonary complications, chronic coughing, debilitating headaches, and neurological and skin disorders.

KBR is accused of allowing thick, noxious smoke, coming off of flames sometimes colored blue or green by burning chemicals, to hang over U.S. bases and camps across Iraq and Afghanistan since 2004.

According to the complaints, the burn pits are so large that tractors are used to push waste onto them and the flames shoot hundreds of feet into the sky. KBR allegedly burned waste such as biohazard materials including human corpses, medical supplies, paints, solvents, asbestos, items containing pesticides, animal carcasses, tires, lithium batteries, Styrofoam, wood, rubber, medical waste, large amounts of plastics, and even entire trucks.

Susan L. Burke, Elizabeth M. Burke, and Susan M. Sajadi, of Burke O'Neil LLC, in Washington, D.C., and co-counsel represent the more than 200 veterans, KBR employee-contractors and families in the cases which are pending in 37 states.

Elizabeth M. Burke, of Burke O'Neil LLC, stated, "KBR utterly disregarded the safety of the troops when they chose to use open air burn pits and failed to use incinerators and other safer methods of waste disposal. The hazards of operating large open-air burn pits were well known, and KBR promised to minimize the environmental effects of the burn sites they operated in Iraq and Afghanistan. KBR willfully endangered these men and women who honorably served their country in military service or in support of the military."

The legal team for the plaintiffs intends to seek class certification of the lawsuits to cover costs of medical monitoring, future medical expenses, and other damages for other individuals exposed to KBR burn pit emissions.

The new cases were filed in federal courts in Arkansas, Colorado, Connecticut, Idaho, Indiana, Kentucky, Maine, Massachusetts, Mississippi, Nevada, New Jersey, New Mexico, North Dakota, Tennessee, Virginia, and Washington. Earlier this year, dozens of other current and former military personnel, private contractors and families of men who allegedly died as a result of exposure to toxic emissions from KBR burn pits brought similar claims.

Crown Athlete Management Company, Inc. ("Crown AMG"), an athlete management, marketing, and sponsorship procurement company, has filed a multi-million dollar lawsuit against Hansen Beverage Company ("HBC"), doing business as Monster Beverage Company ("Monster") for fraud, intentional interference with contractual relations, and related claims. The lawsuit, filed in San Diego County, alleges that Monster fraudulently induced Crown AMG to enter into agreements, fraudulently concealed its true intentions to exclude Crown AMG from earning fees and commissions, and made numerous false promises to Crown AMG about potential future business opportunities.

In 2003, Scott "Hollywood" Sepkovic founded Crown AMG as a comprehensive marketing, branding, and athlete management firm. According to the lawsuit, that same year, Crown AMG was recruited by Mark Hall, President of Monster, to help market and build brand recognition for the "new" Monster Energy Drink. The Monster Energy Drink had only been launched the prior year, and had yet to establish significant brand recognition.

Over the next 6 years, Crown AMG was instrumental in building brand recognition for Monster worldwide. HBC's sales skyrocketed from $115 million in 2002 to $1.18 billion in 2008. Crown AMG believes that its efforts helped HBC land the #1( )position on the "Forbes 200 Best Small Companies" List in 2005 and 2007. Further, in July of 2006, Fortune Magazine stated that, "Since the beginning of 2004, Hansen Natural's stock [had] risen a Google-stomping 3,900% to $170."

In the lawsuit, Crown AMG alleges that Monster unlawfully interfered with Crown AMG's business by, among other things, filing lawsuits against Crown AMG clients, instructing Crown AMG's clients not to pay Crown AMG, and making false representations to Crown AMG and its clients.

"We are seeking appropriate relief from the court and will continue conducting business in the meantime," said Scott Sepkovic, President of Crown AMG. "I can only say that Crown AMG suffered and continues to suffer actual monetary loss as a result of Monster's interference with Crown AMG's relationships with many companies and individuals."

The lawsuit alleges that Monster adhered to its own motto - "Unleash the Beast" - and ignored the law by bullying its former allies into submission. The lawsuit appears intended to disabuse Monster of that belief, and seeks punitive damages to punish Monster for its alleged unlawful conduct. The lawsuit was filed on November 3, 2009, and no court determination has been reached on the merits.