Firm Press Kit

Serving Clients Locally from Offices Nationwide

National Attorney Referral ProgramTrust a firm with over a century of experience.

CollaborationThrough our most recent joint venture, we have

more than eighty attorneys throughout the

country protecting the rights of our clients. opportunityOur Referral Program is one of the best in

the nation and could be beneficial to you and

your clients.

GrowthNew offices increase our ability to better

represent local and national clients in

an expanding range of Practice Areas.

We have obtained landmark settlements for our clients, over $3 Billion in verdicts and settlements.

INTeResTed PARTIes cONTAcT (888) 529-4669

PROfIle / 03

Paul J. NapoliPaul J. Napoli is nationally known as

a tenacious advocate for his clients’

rights in courts around the country,

where he consistently achieves results

in the multiple millions of dollars for

injured plaintiffs. He has been named in New York Super Law-

yers® each year since 2007, and in 2010, was named as one of

the top 100 lawyers in the New York Metropolitan area.

Marc J. BernMarc J. Bern’s legal career spans over

35 years, in which time he has tried

more than 100 cases to jury verdict

and has settled hundreds of cases in

excess of $1M for his clients. Mr. Bern

has been designated a New York Super Lawyers® every year

since 2006, is a Million dollar Advocates forum member and

was also selected as one of “America’s Premier lawyers” by

Fortune Magazine.

Alan S. RipkaAlan s. Ripka began his legal career as

a criminal prosecutor at the district

Attorney’s office for Kings county.

In 1992, he began in civil litigation,

where he continues today. He has

tried countless cases to verdict and has recovered numerous

awards over one million dollars. He is a member of the Board

of directors for the NY state Trial lawyers Association.

Hunter J. ShkolnikHunter J. shkolnik brings over 25

years of legal experience to his po-

sition in the firm. He is a sought

after speaker in the areas of auto and

drug product liability and currently

serves as a chairman, leader or court appointed representa-

tive on Plaintiff steering committees in various drug and other

mass torts. He been designated a New York Super Lawyers®

since 2006.

AccoladesSuper lawyerS

2012 the leGal 500

Fortune Magazine

AMeRIcA’s PReMIeR lAwYeRs

law DraGon

TOP 500 PlAINTIff’s lAwYeRs

IN THe UNITed sTATes

Million Dollar

aDvoCateS ForuM

aMeriCan trial

lawyerS aSSoCiation

CaMbriDGe who’S who

top 100 attorneyS

in the new york Metro area

national trial lawyerS

TOP 40 UNdeR 40 IN New YORK

seRvINg clIeNTs lOcAllY fROM OffIces NATIONwIde

NapoliBern.com / (888) 529-4669cONTAcT Us fOR YOUR fRee cONsUlTATION

HeAdqUARTeRs

eMPIRe sTATe BUIldINg

350 fIfTH AveNUe

New YORK, New YORK 10118

OffIces

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cAlIfORNIA

delAwARe

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IllINOIs

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evIdeNce Of exPeRIeNce

Senior Partners

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$816.45 Million SettleMent

for injuries sustained by firefighters,

Police Officers and construction work-

ers at ground zero from toxic dust

$875 Million SettleMent

On behalf of users of a pharmaceutical

that caused heart defects


for environmental contamination of mu-

nicipal water supplies of MTBe by Petro-

leum Refiners and Retailers

$118 MillionSettleMent



$7 Million verDiCt

for an individual who suffered knee,

back and shoulder injuries in a three car

collision

$47.5 MillionSettleMent

for Injuries sustained by Rescue and

Recovery workers at ground zero from

toxic dust recovered from The Port

Authority of New York and New Jersey





for injuries sustained by Rescue and


toxic dust at fresh Kills landfill


On behalf of clients for the unlicensed

sale of securities

$9.4 Million verDiCt

for a motor vehicle accident victim who

required multiple surgeries

$35 Million verDiCt

for a former Us Navy machinist mate

who was exposed to asbestos.


Against an investment advisor firm for

breach of their fiduciary duties to their

clients


for a floridian town whose groundwa-

ter was contaminated from a chemical

manufacturing plant and industrial prop-

erties

$28 MillionSettleMent

for Injuries sustained by Rescue and


Toxic dust while working on the Barges

and Piers

OUR MIssON

wITNess TO ResUlTs

Verdicts & Settlements

At Napoli Bern Ripka Shkolnik, LLP, we are dedicated to protecting the

rights of our clients. Your cause is our cause and we are here to serve you.

we are ready to listen and to provide all the support you and your family

will need to achieve justice for your case. Our firm's trial lawyers have the

courtroom experience to stand against any firm in the nation, and we will do

what is necessary in order to achieve what matters most to you — Results.

perSonal injury

Personal Injury does not only pertain to

physical injuries. It can also refer to cas-

es involving psychological trauma, emo-

tional distress, defamation of one’s rep-

utation or loss of property value or

property damage caused by the negligence of another.

FDa & preSCription DruGS

Untested, improperly labeled, misused

or otherwise defective drugs, medical

devices or equipment can harm rather

than help. You may be facing the side

effects of a recalled medication or the

failure of medical devices or medical equipment.

MeDiCal MalpraCtiCe

Patients may be suffering from misdiag-

nosis, surgical or medical treatment er-

ror or abuse such as at a nursing home. It

is also possible that a health care pro-

vider failed to disclose all possible risks

of a procedure, treatment or drug.

Motor vehiCle aCCiDentS

Accidents can involve any combination of

passenger vehicles, commercial vehicles,

tractor-trailers, buses, motorcycles, bi-

cycles and pedestrians. Unfortunately

some accidents cause severe injuries,

death or extensive property damages.

proDuCt liability

These types of cases deal with the liabil-

ity of manufacturers, wholesalers, dis-

tributors and retailers for any damages

caused by their defective product due to

defects in design, manufacturing or

marketing.

environMental litiGation

environmental contamination with

heavy metals, chemicals, pesticides,

gases, asbestos, radiation or other toxin

can cause serious illnesses among chil-

dren, adults, pets and livestock as well as

cause extensive property damage.

workerS’ CoMpenSation

without knowing how to navigate the

workers’ compensation claim process, an

employee who has suffered a work

related injury or occupational illness, or

their family, could lose valuable benefits.

SeCuritieS / CoMMerCial litiGation

we focus on financial industry and cor-

porate abuses including consumer fraud,

conflicts of interests, whistle blower

complaints and broker negligence or

misconduct, especially as it relates to

stock market losses.

aSbeStoS / MeSothelioMa

Mesothelioma, asbestosis, lung cancer

and other respiratory diseases are se-

rious and fatal medical conditions that

are linked to asbestos exposure in the

military, construction, factory, shipbuild-

ing and automotive industries.

SoCial SeCurity DiSability beneFitS

social security disability Benefits can be

based upon work-related or non-work-

related conditions and can be received

prior to full retirement age and/or in ad-

dition to workers’ compensation or other

benefits you receive, such as a Municipal disability Pension.

PROfIle / 07

KNOwledge PRecedes

Practice Areas

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fRee dOwNlOAd fOR ANd

(888) 529-4669 NapoliBern.comcONTAcT Us fOR YOUR fRee cONsUlTATION

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two larGe lonG iSlanD law FirMS announced friday they have gotten together, but they’re calling it a joint venture, not a merger.

Pasternack Tilker ziegler walsh stanton & Romano llP, which has office in garden city, Bohemia and southampton, has joint-ventured with Napoli Bern Ripka shkolnik llP, which has offices in great River.

The combined firm, being called Pasternack Tilker Napoli Bern, will have 80 lawyers and a staff of more than 200 and offices in five states.

The Napoli firm is best known for the nearly $800 million world Trade center settlement it obtained on behalf of injured rescue and recovery workers.

The Pasternack firm has won “hundreds of millions” in workers’ compensation benefits over the years, said senior partner Jordan ziegler.

The combination is a joint venture, he said, because the firms want to make the best use of each other’s compensation and negligence departments.

will it ever become a full marriage? stay tuned, ziegler says.

Pasternack Tilker Napoli Bern LLP has over 80 attorneys nationwide.

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Newsday

08 / JOINT veNTURes

Two Big Long Island Firms Team UpBY JAMes BeRNsTeIN (THe scOOP)

MARcH 26, 2012

heaDquarterSempire state Building350 fifth AvenueNew York, New York 10118

new york (2)

CaliFornia (2)

Delaware

FloriDa

illinoiS

MarylanD

new jerSey

pennSylvania

rhoDe iSlanD

tex aS

ServinG ClientS loCally FroM oFFiCeS nationwiDe

Results in 50 States

OveR $3 billion IN veRdIcTs ANd seTTleMeNTs

fOR OUR clIeNTs

JOINT veNTURes / 09

SuinG For about $528 Million, 33 more passengers were added to the florida lawsuit that was filed in January with just six. The lawsuit claims that carnival corp. and its employees exercised gross negligence on the ship that resulted in the deaths

of 32 people on board, reported the Maritime executive.The crews allegedly did not conduct proper safely drills and adequately provide the pas-

sengers with information. The lawsuit claims that the crew was not properly prepared for the evacuation and the cruise line caused mental distress to those on board.

witnesses were forced to fend for themselves on the ship with little communication and direction from the crew. The captain had allegedly fled on a lifeboat. The lawsuit claims that the cruise liner committed fraud by claiming they followed all safety regulations. The pas-sengers said that an online agreement that they accepted when they bought their tickets did not provide the full details about safety on board.

“Plaintiffs found themselves in a listing, capsizing, sinking vessel without communication, direction or help from the captain and misdirection from the crew from approximately 9:45 p.m. to approximately 11 p.m. and were left to fend for themselves,” the lawsuit said, ac-cording to MsNBc.

The passengers are asking for over $78 million in compensatory damages and $450 mil-lion in punitive damages. These figures do not include the attorney fees, reported the Mari-time executive.

“The nature of the conduct, being so outrageous and reckless, and the failure to provide for safety features, actually negates the contract ... it makes the ticket null and void,” said Marc Jay Bern, a senior partner in one of the law firms that filed the suit, Napoli Bern Ripka shkolnik and Associates, according to MsNBc.

carnival corp originally offered passengers $15,000 each. Passengers had to agree to the offer by Tuesday, but the company extended the offer to March 31, 2012.

“The families of deceased and missing victims and guests who were injured will be cov-ered under a separate proposal based on their individual circumstances,” the cruise line said, according to MsNBc.

The passengers who are claiming the damages in the lawsuit are from the United states, Italy, venezuela, china, canada, germany, Korea and Kazakhstan, reported Maritime ex-ecutive. The lawsuit said that florida courts should hold the case because the defendants, carnival corp. engaged in business in the state.

Costa Concordia Survivors Sue Carnival for $528 MillionDozens of Costa Concordia survivors have joined in a Florida lawsuit against Carnival Corp. accusing them of negligence and fraud.

BY MIcHAel BIlleRA

feBRUARY 15, 2012

“The nature of the conduct, being so outrageous and reckless, and the failure to provide for safety features, actually negates the contract ... it makes the ticket null and void,” said Marc Jay Bern, a senior partner in one of the law firms that filed the suit…

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International Business TImes

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NB NOTe The costa concordia collided with rocks of the coast of Tuscany on January 13, 2012.

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In the laSt Several yearS, the natural gas drilling boom has multiplied gas produc-ers’ efforts in gas extraction and expanded east from the historic mining areas of the Midwest and west. The move to extract natural gas from the Marcellus shale in west

virginia, Ohio, Pennsylvania and New York has brought an unprecedented wave of industri-alization into previously rural areas. Residents who fled the urban industrialized areas are finding themselves right back where they started.

Never before have natural gas wells and drilling operations been so “in your face” and di-rectly on or adjacent to land where people live and raise their families and livestock. In one location, a gas company is seeking to put two gas wells on a golf course that is in a retire-ment community. In another area, gas companies are departing unoccupied federal lands and drilling gas wells next to neighborhoods and schools. It is not uncommon to see drilling rigs and waste pits right next to grazing dairy cows.The collision of residents living in the peaceful countryside with the industrial operations

that include siting, drilling and, increasingly, “fracking,” or the pressurized injection of fluids into the gas wells, has left many people with nowhere to turn except to the judicial system. These historically non-litigious people who have repeatedly tried to work with the state agencies and gas companies to remedy their issues have increasingly sought attorneys to help them in their time of need, often as a last resort.

The ClientsMany people suffering from the negative affects of gas drilling operations have little to no experience in litigation. They stayed in (or moved to) the country to avoid the noise, pol-lution and industrialization of urban areas and are very reluctant to seek legal advice. They think if they bring a lawsuit, their neighbors will look down on them or become angry for complaining about an industry that has brought (at least for the short term) an influx of jobs and money into the area. They also do not want to irritate their neighbors who have received significant signing bonuses for drilling leases and who continue to receive royalties.

Our clients do not want to see the gas companies leave. Indeed, many even work for them. Almost all of our clients have tried over long periods of time to negotiate with the gas com-panies to resolve issues including contaminated air and water, noise and light pollution and problems with their oil and gas leases. In many cases they work with these large powerful companies because they truly believe

that no one can successfully stand up to them. Others are reluctant to seek legal advice for fear of being called unpatriotic or perceived as simply looking to make a quick dollar. Although the list of reasons why people are reluctant to turn to legal help goes on and on, in our experience the number-one reason is that they feel alone and helpless. The people in these rural areas are often unaware that their neighbors are suffering from the same problems and are equally afraid to come forward.

cONTINUe ReAdINg AT napolibern.CoM

Never before have natural gas wells and drilling operations been so “in your face” and directly on or adjacent to land where people live and raise their families and livestock.

Landowners often cooperate with gas companies because they believe that no one can stand up against them.

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l A Plaintiff’s Primer on Litigating Natural Gas CasesMarc J. Bern and Tate J. Kunkle of Napoli Bern Ripka & Associates discuss some of the hurdles that must be faced by plaintiffs’ attorneys representing Marcellus Shale landowners who have incurred damages from gas drilling operations.

BY MARc J. BeRN, esq., ANd TATe J. KUNKle, esq. (NAPOlI BeRN RIPKA & AssOcIATes)

JUNe 8, 2011

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Westlaw Journal® (formerly Andrews Litigation Reporter)

NB NOTe People near gas well drill-ing operations also report respiratory illnesses from air pollution.

a ClaSS-aCtion lawSuit seeking damages from Nuclear fuel services and its parent company for alleged “reckless” and “negligent” operation of the erwin plant, leading to personal injuries and property damage, was filed Monday in U.s. district

court in greeneville. The 40-page complaint filed Monday outlines alleged injuries, property damage and

emotional distress suffered by 19 plaintiffs due to “repeated releases of hazardous and radioactive substances” by Nfs. Thirteen of the plaintiffs listed in the complaint, includ-ing one former Nfs employee, allege they developed various forms of cancers because of these releases. Two of the plaintiffs allege the cancer deaths of relatives were caused by materials released from Nfs.

“The putative class-action (lawsuit) includes any person who lived or worked in the erwin area between 1957 and the present and experienced property damage or was diagnosed with severe or fatal illnesses, including numerous types of cancer,” a release from the Motley Rice law firm announcing the lawsuit said. “The plaintiffs claim they were exposed to radioactive, hazardous and toxic substances released into the nearby air, water and soil due to, among other charges, gross negligence on the part of Nfs and numerous other named defendants.”

Aside from Nuclear fuel services and its parent company since 2008, Babcock & wilcox, other defendants named in the suit include the w.R. grace & co., which the complaint said jointly funded the formation and development of Nfs in collaboration with davison chemi-cal co. from when it opened in 1957 to 1968; the chevron co., the predecessors of which exercised ownership and operational control of Nfs from 1969 to 1986, according to the complaint; and Nfs Holdings Inc., which the complaint says exercised ownership and over-sight of the erwin facility from 1987 to 2008.

“Throughout the operational history of these facilities, defendants have caused the re-lease of radioactive, hazardous and toxic substances into the surrounding environment,” the complaint said. “These releases have contaminated the air, soil, surface water and ground water in the surrounding communities. The harm directly and proximately caused by defen-dants includes property damage and personal injuries.”

The complaint states compensatory, punitive and loss of consortium damages are being sought for the plaintiffs, but a monetary amount sought is not specified.

The plaintiffs in the suit are being represented by attorneys from three law firms — green-eville-based Rogers, laughlin, Nunally, Hood & crum; south carolina-headquartered Mot-ley Rice; and New York-based firm Napoli Bern Ripka & Associates. Attorneys from each of these firms previously held a pair of meetings in Unicoi to discuss legal options with area residents who feel they were harmed by operations at Nfs. The complaint was filed Monday by John T. Milburn Rogers, founder of Rogers, laughlin, Nunally, Hood & crum.

“we have seen in previous environmental contamination cases the devastating impact that negligent environmental practices can have on a community, and our hope is that erwin residents will now have their day in court as well as initiate changes in the safety culture at Nfs,” Motley Rice environmental attorney fidelma fitzpatrick said in the release announc-ing the lawsuit.

The complaint said plaintiffs contend Nfs has not been operated in compliance with state, local and federal laws, and that each defendant named in the suit “engaged in a pat-tern of negligent, grossly negligent and reckless behavior in their operation, remediation and/or decommissioning of the facilities,” with this pattern of behavior being implemented with full knowledge of the hazards associated with radioactive and toxic substances.


Class-Action Lawsuit Filed Against Nuclear Fuel ServicesBY BRAd HIcKs, eRwIN BUReAU cHIef

JUNe 13, 2011 / eRwIN, TeNNessee

“Throughout the operational history of these facilities, defendants have caused the release of radioactive, hazardous and toxic substances into the surrounding environment,” the complaint said.

…Plaintiffs contend Nuclear Fuel Services has not been operated in compliance with state, local and federal laws.

eNvIRONMeNTAl / 11

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Johnson City Press

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Denver-baSeD antero reSourCeS, the company revealed to be disposing of oil and gas drilling waste in eagle county in a colorado Independent exclusive earlier this month, is now being hit with more legal action stemming from its natural gas

drilling activities in neighboring garfield county.According to the glenwood Post Independent, the Aspen law firm of Thomas genshaft filed

a class-action lawsuit against Antero on behalf of the 5,000 residents of the Battlement Mesa subdivision, an unincorporated community along Interstate 70 in garfield county.

The suit, which names six specific Battlement Mesa residents as plaintiffs, seeks a jury trial and alleges Antero’s current and future drilling activities “threaten the health and well being” of the residents of the former exxon oil shale company town turned retirement community, according to the Post Independent.

The lawsuit filed in denver district court late wednesday comes on the heels of another genshaft lawsuit against Antero filed on behalf of a silt Mesa family alleging drilling contami-nation chased them off their property.

That suit was filed in conjunction with genshaft’s New York city partner, Napoli Bern Ripka and Associates – the firm that won huge awards in a class action suit against the city stemming from health risks associated with the world Trade center cleanup.

Battlement Mesa residents have long accused garfield county of failing to protect their health and welfare and promised not to give up in the wake of the county pulling the plug on its controversial Health Impact Assessment earlier this year.

The colorado Independent earlier this month revealed that Antero is the only company uti-lizing the nearby eagle county landfill to dispose of oil and gas drilling waste. The county is now “moving away” from accepting contaminated soils and the county commissioners will have the ultimate say if Antero or any other operator seeks to dispose of pit liners, which were banned in garfield county in 2009 because of toxic contaminants.

All contaminated soils and other drilling waste from Antero have been tested according to strict state health and environmental standards, according to eagle county officials.

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l Aspen Law Firm Files Class-Action Lawsuit Against Antero Over Battlement DrillingBY dAvId O. wIllIAMs

JUlY 21, 2011

The suit, which names six specific Battlement Mesa residents as plaintiffs, seeks a jury trial and alleges Antero’s current and future drilling activities

“threaten the health and well being” of the residents of the former Exxon oil shale company town turned retirement community, according to the Post Independent.

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Colorado Independent

NB NOTe Natural gas drilling is causing contamination of land and water supplies.

“PADEP’s arbitrary decision will deprive these deserving people and future generations, of their constitutional right to pure, clean, potable water,” wrote Tate Kunkle of the New York City law firm of Napoli Bern Ripka Shkolnik & Associates in a letter to the state Department of Environmental Protection.

a law FirM haS DeManDeD that Pennsylvania environmental regulators force a natu-ral-gas driller to continue delivering replacement water to residents of dimock whose drinking water wells were tainted with methane and possibly hazardous chemicals.

cabot Oil & gas corp. has been delivering water to the homes since January 2009. The Houston-based energy company asserts the water is safe to drink and won regulatory permission last month to stop the water deliveries by the end of November.

Attorneys for 11 dimock families who are suing cabot in federal court said that test results show their well water is still contaminated.

“PAdeP’s arbitrary decision will deprive these deserving people and future generations, of their constitutional right to pure, clean, potable water,” wrote Tate Kunkle of the New York city law firm of Napoli Bern Ripka shkolnik & Associates in a letter to the state department of environmental Protection.

Regulators previously found that cabot drilled faulty gas wells that allowed methane to escape into dimock’s aquifer. The company denied responsibility, but has been banned from drilling in a 9-square-mile area of dimock since April 2010.

Along with its request to stop paying for water deliveries, cabot asked the department for permission to resume drilling in the susquehanna county community. The state agency has yet to rule on that request.

Attorneys Insist on Water for Dimock ResidentsBY MIcHAel RUBINKAM (AssOcIATed PRess)

NOveMBeR 5, 2011 / scRANTON, PeNNsYlvANIA

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Timesleader.com

A drilling rig is near a barn and bales of hay friday, Oct. 14, 2011 in springville, Pa. state regulators blame faulty gas wells drilled by cabot Oil & gas corp for leaking methane into the ground-water in nearby dimock, Pa. It was the first serious case of methane migration related to the Pennsylvania 3-year-old drilling boom, raising fears of poten-tial environmental harm throughout the giant Marcellus shale gas field.

14 / eNvIRONMeNTAl

a GaS DrillinG CoMpany’S inveStiGation of spills and leaks alleged by a former employee at its susquehanna county well sites found nothing in the streams, ponds and soil it sampled at levels that would pose a risk to human health except metals it

said occur naturally in the region.The investigation by an environmental contractor hired by cabot Oil and gas corp. found

substances that it said could indicate past spills form natural gas operations – including sur-factants, chlorides and compounds associated with diesel fuel – at six of 11 well sites identi-fied by the former employee. Those substances “were not commonly present in soil and sur-face water at the well sites” and do not have state-mandated limits in soil and water, it said.

The report was submitted to the state department of environmental Protection this week. A spokeswoman said regulators are reviewing the report and plan to respond to cabot in the next week.

The two-year investigation began in december 2009 when dimock Twp. resident scott ely, then an employee of cabot’s drilling subsidiary gas search drilling services, outlined claims of hidden or ignored spills, leaking pits and shoddy practices to environmental regu-lators and cabot officials.

cabot’s contractor, URs corp., set out to “demonstrate that any releases or incidents alleged by ely were either confirmed or proven not to have occurred,” according to the report’s introduction, but the report never specifies where spills were proven or disproven.

Instead, it details the investigation of 13 well sites, including analysis of samples from 25 soil test boreholes and 47 test pits as well as water-quality results from ponds and streams above and below the alleged spills.

eleven of the sites were identified by ely. The twelfth and thirteenth sites were added to the investigation when another landowner claimed that drilling fluids were transferred to a pit on his property with a torn liner and drilling workers revealed that a drum holding petro-leum products and antifreeze was buried at a well site and later recovered partially empty.

According to the report, five sites revealed no substances other than metals the authors said occur naturally in the soil, sediment and surface water of the region. The metals, in-cluding elevated levels of arsenic, aluminum and iron, “do not indicate a release or impacts” from “cabot’s drilling activity at any wellsites,” the report said.

Arsenic was found in soil samples at six well sites above statewide health standards. The metal is frequently found in the wastewater that flows back from Marcellus shale gas wells, but the report’s authors said that “arsenic or arsenic-based compounds are not known to be used in drilling or hydraulic fracturing or in substances that are alleged by ely to have been released at the various wellsites evaluated.

Tests from six sites showed the presence of what URs called “indicator parameters” that “could indicate past releases from processes related to natural gas operations.” The surfac-tant Methylene Blue Active substances (MBAs) was found in soil at four well sites while diesel-range organics or other constituents of diesel fuel were found at four well sites.

seven sites had low levels of volatile or semi-volatile organic compounds, classes of chemicals that can occur naturally but are often man-made and found in paints, fuel and industrial cleaners. None were found at levels above state health standards.

some of those chemicals, including naphthalene, MBAs and bis(2-ethylhexyl) phthal-ate, were detected at low levels during recent cabot water tests of 11 dimock water wells. cabot and ely had opposite interpretations of the study wednesday.


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l Cabot Report Finds Chemicals but No Health Threats in Whistleblowers InvestigationBY lAURA legeRe

deceMBeR 15, 2011

Arsenic was found in soil samples at six well sites above statewide health standards.

Outlined claims of hidden or ignored spills, leaking pits and shoddy practices to environmental regulators and Cabot officials.

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The Daily Review

NB NOTe People experiencing water supply contamination from gas drilling operations have re-ported adverse health conditions.

in the heateD Debate over FraCkinG in New York, it is often forgotten that con-ventional natural gas drilling has been taking place in the state for decades.

chemung county, a place I write about in wednesday’s Times, has been a leader in gas production in the state and is now poised to become a leader in exploration of the Marcellus shale. drilling awaits the approval of new state rules governing horizontal drill-ing combined with high-volume hydraulic fracturing, or fracking – a controversial process because it uses large amounts of water, more than one million gallons per well — and could pose new risks of groundwater contamination.

But conventional vertical and horizontal drilling has its safety issues as well. In chemung county, where gas companies have been drilling in the Trenton Black River rock formation, a group of 15 residents filed a lawsuit last winter against Anschutz exploration, a company based in colorado, over drilling operations at two gas wells that they claim contaminated their drinking water.

The law firm shepherding that suit, filed in state supreme court in elmira, N.Y., is Na-poli Bern Ripka, which recently won a settlement of nearly $700 million with the city of New York and its contractors on behalf of more than 10,000 workers saying that they developed respiratory illnesses as a result of their rescue and recovery work at ground zero after 9/11. One of the lawyers, Marc J. Bern, said that the firm has cases pending over natural gas drilling operations in Pennsylvania, colorado, west virginia and now New York. Mr. Bern said he doesn’t take sides in the debate over whether hydrofracking should be al-lowed — he just argues that “it can be done in a much better way.”

“The industry itself believes that things can be done safer, but they want to do it in the most expeditious and cheapest way and deal with the environmental costs and the contami-nation later,” he said.

Industry representatives dispute that notion. “That’s why we have standards and recom-mended practices on drilling and water management,” said John felmy, chief economist for the American Petroleum Institute, which represents more than 400 oil and natural gas companies. “we as an industry are committed to doing this right.”

Officials with the New York state department of environmental conservation investi-gated the chemung residents’ complaints last year but found that the drilling was unlikely to have caused methane to seep into potable water wells.

“Methane commonly occurs in residential water wells since it is often present in bedrock at shallow depths,” a fact sheet on the case from the department says. “The way the gas wells were constructed makes it unlikely that gas from deeper formations could migrate through multiple cemented casing strings into any aquifers near the surface.”

In Drilling Safety Debate, Hydrofracking’s Not the Only TargetBY MIReYA NAvARRO

deceMBeR 28, 2011

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Mr. Bern said he doesn’t take sides in the debate over whether hydrofracking should be allowed — he just argues that “it can be done in a much better way.”

“The industry itself believes that things can be done safe, but they want to do it in the most expeditious and cheapest way and deal with the environmental costs and the contamination later, “ Bern continued.

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The New York Times

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Sixty-one aSbeStoS DeFenDantS are asking Madison county Associate Judge clarence Harrison to revise the court’s 2013 advance trial docket. More than 100 attorneys packed a third floor courtroom on Monday morn-

ing as both sides of the bar argued their points in opposition to and support of a preliminary order established in december by former asbestos Judge Barbara crowder. Heyl Royster attorney Robert shultz presented his proposal which would eliminate a res-ervation system for preferred plaintiff’s firms, prioritize cases going to trial by the oldest ones with Illinois plaintiffs and establish the identity of cases 60 days in advance of trial.

“cases with little or no connection to Illinois are drawn to Madison county,” shultz said. “Trial dates are marketed. Annually, defendants are forced to defend hun-dreds of suits brought by plaintiffs who live hundreds, if not thousands, of miles away. As a result, shultz said few local citizens bring cases, and few local industries remain.

According to shultz’s presentation, 158 people are diagnosed annually with mesothe-lioma in Illinois, but Madison county has 500 plus trial dates per year for those suffering from the disease.

Madison county has two percent of the population of Illinois, yet it shoulders nearly 25 percent of mesothelioma litigation in the nation, shultz said.

His presentation drew a reaction from plaintiff attorneys in the courtroom, including elizabeth Heller of goldenberg Heller Antognoli & Rowland, P.c. and Barry Julian of gori Julian in edwardsville.

“Mr. shultz is a very gifted attorney,” Julian said. “seventy six point three percent of all people who quote statistics make them up as they go along,” he said.

Heller repeated remarks she made in the fall before crowder.“The sky is not falling. cases without me are getting dismissed or sent elsewhere,” she

said. “The system is working.”Attorney eric Jackstadt of the saville and flint law firm told the court his firm requested

three trial dockets but received two.“The docketing system has a place in reality,” Jackstadt said. “we asked for three dockets.

we got two. It’s never been a problem in the past for individual cases to be piggybacked.” “what the defense is arguing for will deny asbestos plaintiffs their significant rights.” Allyson Romani pleaded that Harrison set the cases for trial.

“These cases need to be set for trial,” she said. “extending trial dates will make it so clients may never see their trial dates. getting rid of the current system will not make these cases go away. consider the rights of every victim who brings their cases here.” steven Aroesty of Napoli, Bern, Ripka, shkolnik & Associates filed a motion to reconsider crowder’s order on March 7.

“victims have finite lifespan,” Aroesty said. “clients need trial settings. They need to have access to trial dockets.”

for the defense, Raymond R. fournie of Armstrong Teasdale said asbestos litigation has resulted in an excess of 80 bankruptcies in Madison county.

“The number of cases on the defense side has been difficult to deal with,” fournie said.shultz filed an 18-page brief March 12, opposing crowder’s order. His brief stated that the court’s trial reservation system is no longer being used for its original purpose, to resolve local asbestos lawsuits.

The brief was also signed by fournie, daniel donahue of foley & Mansfield in st. louis; and steven Hart of segal Mccambridge singer & Mahoney of chicago.


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“Victims have finite lifespan. Clients need trial settings. They need to have access to trial dockets,” says Steven Aroesty of NBRS & A.

These cases need to be set for trial. Extending trial dates will make it so clients may never see their trial dates.

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The Record (madisonrecord.com)

the new york City poliCe DepartMent pulaSki aSSoCiation APRIl 27, 2012 / New YORK

Napoli Bern llP was proud to participate in the Association’s 56th Annual Installation Din-ner Dance where the new president and board members were introduced. The firm is also happy to support the Association’s scholarship Program, which awards scholarships to high school and college students who have demonstrated academic excellence.

the new york City poliCe MuSeuMMAY 9, 2012 / New YORK

Marc J. Bern of Napoli Bern llP was the co-chair of the 3rd Annual Police Hero Awards gala, which honored survivors of the shield, Margo & John catsimatidis and Kelsey grammer. Museum Board Member Bern and the firm are actively committed to helping the Museum realize its Mission to preserve the history of the New York city Police department through educational programming and exhibitions.

FealGooD FounDation JUlY 2011 / New YORK

Napoli Bern llP continues to support the fealgood foundation whose primary mission is to spread awareness and educate the public about the 9/11 first responders. The firm also generously donated to the 9/11 Responders Remembered Park wall, which honors first Responders who have died from illnesses as a result of working at ground zero. Along with their families, the wall recognizes their dedication and commitment when faced with the momentous challenge of clearing the destruction at the world Trade center site.

MeMory reMainS: 9/11 artiFaCtS at hanGar 17 sePTeMBeR 8, 2011 - JANUARY 8, 2012 / New YORK

The Memory Remains exhibition was made possible with support from Paul J. Napoli & Marc J. Bern – Napoli Bern llP, the National endowment for the Arts, the Institut Ramon llull, the government of spain – Ministry of culture, the Joseph and Joan cullman foundation for the Arts and with public funds from the New York city department of cultural Affairs in partnership with the city council. The exhibit was presented in association with the Port Authority of New York and New Jersey.

9/11 MeMorial beneFit DinnersePTeMBeR 7, 2011 / New YORK

The firm is proud to have been the 2011 9/11 Memorial Benefit Dinner Benefactor. Napoli Bern llP is a sponsor of the 9/11 Memorial, which was dedicated on september 11, 2011 in a special ceremony for victims’ families. The design was chosen from 5201 design sub-missions from 63 nations.

sPecIAl ANNOUNceMeNT / 17

Giving Backnapoli bern llp is proud of its tradition of sponsoring honorable and educational organizations. The firm supports numerous groups who recognize the events and sacrifices made on september 11, 2001. Napoli Bern llP is actively involved in progressive academic communities (including 92nd street Y, st. John’s University school of law and the st. John’s University fellowship Program). The following represents our recent commitments.

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Frances Torres Memory Remains at The Imperial War MuseumBY fAdweBsITe.cOM

AUgUsT 24, 2011

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UMthe eMpty Shell oF hanGar 17 at JfK Airport became a storehouse of memories

when it was filled with the material cleared from the world Trade center site fol-lowing the september 11th attacks on New York city.

Marking the tenth anniversary of 9/11, these photographs by frances Torres explore inside the hangar and reflect on the emotional power of what remained, from personal belongings to steel girders distorted by the force of the attacks.The exhibition will also be on display at the International center for Photography in New York and at the centre de cultura contemporània de Barcelona.

Memory Remains is presented in cooperation with the National september 11th Memo-rial & Museum and the International center of Photography, in association with the Port Authority of New York & New Jersey. Original funding for Memory Remains was provided by the government of spain - Ministry of culture, the Institut Ramon llull, and the John and Margo catsimatidis foundation. A Book of the same name Memory Remains is pub-lished by National geographic.

Marking the tenth anniversary of 9/11, these photographs by Frances Torres explore inside the hangar and reflect on the emotional power of what remained, from personal belongings to steel girders distorted by the force of the attacks.

Original funding for Memory Remains was provided by Paul J. Napoli & Marc J. Bern -Napoli Bern LLP.

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no one waS SurpriSeD when eight years ago, a police officer who had con-tracted cancer while working on the search and recovery effort at the world Trade center site knocked on the doors of Napoli Bern when he had nowhere else

to turn. Marc Bern and Paul Napoli met with the officer. It turns out he had gone to see several

other attorneys and none of them would take his case. Marc and Paul have been friends and colleagues for a long time. Their law firm goes to bat for people who have been seriously injured by harmful drugs,

chemicals and other toxic substances as well as those who have been victims of financial fraud.

They have been squaring off against some of the most powerful interests in the U.s., if not the world, for tens of thousands of victims for close to 30 years.

“we have represented clients who have been harmed by diet drugs, pregnant mothers who were prescribed anti-depressants like Paxil and then gave birth to babies with serious deformities, and people who developed cancer after being exposed to ionizing radiation spewing out of a nuclear power plant,” Bern explains.

during his career, Marc has tried more than 100 cases before a jury and has won hun-dreds of judgments in excess of $1 million each for sick and injured people.

“we are very proud that we have been able to win generous financial settlements over the years on behalf of people who have come to us for help after suffering a wide range of injuries,” Paul Napoli says.

“It’s a track record we are proud of.” “when that police officer showed up at our door the victims compensation fund had

been closed,” Marc explained, “People like this officer had no way to get compensation for the serious illnesses they were getting.”

“we could understand why the other lawyers were reluctant to take these battles on,” Bern continued. “These cases are incredibly expensive to pursue. It’s very difficult to prove beyond a doubt that a cancer or other illness was caused by exposure to a specific toxic substance.

“On top of that you are going up against some formidable foes like New York city who have enormous resources at their disposal. But on september 11 our offices were half a block away from the site. we had a constant reminder of the attacks and we felt it was our duty and obligation to try and get justice for New York city’s Bravest and finest.”

shortly after that first police officer approached Marc and Paul about representation, the flood gates opened. eight years later the firm is representing thousands of police officers and other first responders who became ill after working at the site in lower Manhattan and the fresh Kills landfill in staten Island.

Their work, which both Marc and Paul agree has become more like a mission, has been costly and if they don’t win a settlement on behalf of the client, the firm does not recoup the millions of dollars – now close to $35 million – they spent on the complicated litigation.

while the total monetary investment made by Napoli Bern has topped $35 million, the personal sacrifices – long hours and time away from their families – have been great as well.


Helping 9/11 Ill and Injured an Uphill TaskDespite challenges, attorneys Bern and Napoli are waging a war for justice for first responders.

BY cYNTHIA BROwN

OcTOBeR 2011

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American Police Beat

Attorneys Marc Bern (right) and Paul Napoli (left) are proud to be represent-ing the men and women who sacrificed so much on september 11, 2001.

ground zero may have been cleaned up, but the police officers, firefighters and other first responders who crawled through rubble searching for bodies are still fighting for coverage and com-pensation.

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Their desire to see that the real heroes of 9/11 would always be remembered prompted Paul J. Napoli and Marc J. Bern to make a generous gift of $200,000 to the New York City Police Museum in May.

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an unpreCeDenteD eFFort to persuade some 10,000 plaintiffs who responded to the world Trade center terror attacks to accept a $712.5 million settlement of their respiratory illness claims is nearing the finish line.

firefighters, police and cleanup workers who toiled in the pit at ground zero face a filing deadline today to opt in to the settlement, and the lead plaintiffs’ lawyer said last week that he expects to meet the 95 percent participation level required to make the settlement effective.

“we’re getting a lot of releases, we have over 8,500 in hand and I expect by [today] to have a lot more,” said Paul Napoli of worby groner edelman & Napoli Bern. “I’m confident that, at the end of the day, we are going to get 99 to 100 percent.”

still, campaigning for the settlement in In re World Trade Center Disaster Site Litigation, 21 Mc 100, continued down to the wire as the firm held one-on-one meetings with clients at its own offices and in rented hotel conference rooms and ballrooms. On wednesday night, lawyers were in Nassau county and on staten Island on Thursday. further meetings were scheduled during the weekend in Manhattan, queens, Brooklyn and the Bronx.

Mr. Napoli’s firm, serving as co-liaison plaintiffs’ counsel, represents the vast majority of the claimants in the seven-year-old litigation. Nicholas Papain and Andrew J. carboy of sullivan Papain Block Mcgrath & cannavo, represent some 679 police and firefighters who have, or fear they will have, respiratory and other illnesses from inhaling the toxic dust and ash produced by the collapse of the twin towers on sept. 11, 2001. About 300 additional plaintiffs are represented by a half dozen other law firms.

One lawyer involved in the litigation, who asked not to be named because of the sensitiv-ity of the last-minute push, said attorneys heard comments from several people about how hard everyone—plaintiffs’ and defense attorneys and the court—was pushing the settlement.

“well, at a certain point, yeah, guilty as charged,” the lawyer said. “They negotiated hard for this thing for over two years and, at the end of the day, people should not be surprised they are pushing for it. They think it’s in everyone’s best interest to do it. They think this is the best settlement [the plaintiffs] are going to get.”

It has taken more than two years for the plaintiffs’ lawyers to negotiate a settlement with New York city and its contractors and lawyers for the world Trade center captive Insur-ance co., an entity formed to manage insurance costs associated with the response to the terror attacks and funded by a $1 billion grant from the federal emergency Management Agency (feMA).

The parties thought they had reached a final agreement in early 2010. But on March 19, southern district Judge Alvin K. Hellerstein stunned Mr. Napoli; James Tyrrell of Patton Boggs, who is the city’s lead outside counsel; and the lead lawyer for the wTc captive, Margaret warner of Mcdermott will & emery, when he rejected the proposed deal.

Mr. Tyrrell questioned the judge’s authority to intervene in a non-class action, mass tort settlement. But the judge, whose dockets have been consumed for almost nine years by a variety of sept. 11 litigation, said that “9/11 is different.”


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NY Lawyers Working Hard to Seal the Deal on 9/11 SettlementBY MARK HAMBleTT

NOveMBeR 8, 2010

Paul Napoli of Worby Groner Edelman & Napoli Bern, “I’m confident that, at the end of the day, we are going to get 99 to 100 percent.”

It has taken more than two years for the plaintiffs’ lawyers to negotiate a settlement with New York City and its contractors and lawyers for the World Trade Center Captive Insurance Co.

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New York Law Journal

More than 10,000 workerS expoSeD to the tons of toxic dust that blanketed ground zero after the world Trade center fell have ended their bruising legal fight with New York city and joined a settlement worth at least $625 million,

officials said friday.The deal will resolve an overwhelming majority of the lawsuits over the city’s failure to

provide protective equipment to the army of construction workers, police officers and fire-fighters who spent months clearing and sifting rubble after sept. 11, 2001.

Among the thousands who sued, claiming that soot at the site got into their lungs and made them sick, more than 95 percent eligible for the settlement agreed to take the offer. Only 520 said no or failed to respond.

city officials and lawyers for the workers said they welcomed a resolution to a case that had pitted New York and a long list of demolition companies against the very men and women who helped lower Manhattan recover.

“This settlement is a fair and just resolution of these claims, protecting those who came to the aid of this city when we needed it most,” Mayor Michael Bloomberg said in a statement.

Paul Napoli, a senior partner with the law firm representing most of the workers, called the settlement “the best result, given the uncertainty of protracted litigation.”

The settlement, which has been on the table since the spring, won approval by the thin-nest of margins. Under terms of the deal, it would only become effective if at least 95 per-cent of eligible plaintiffs signed on. It just cleared that hurdle, with 95.1 percent.

The settlement will provide at least $625 million to the workers, although related deals with other defendants, including the Port Authority of New York and New Jersey, will likely boost that total to $725 million or more.

A majority of the money will come from a special $1 billion fund set up by congress and paid-for by the American people.

workers could have qualified for an even larger total, topping $800 million, if enough workers had accepted the offer. The payment amount was based partly on how many agreed to join.

The deadline to opt in to the deal was Tuesday. The results were withheld from the me-dia and public for three days while lawyers loaded documents into a computer system and verified the numbers.

Barring an act of congress, the settlement will be the largest pool of compensation for people who fell ill in the years after their service at the trade center.

The U.s. senate is considering legislation, already passed in the House of Representa-tives, that would authorize as much as $7.4 billion in medical care and payments to the sick.

Thousands of people believe they have illnesses caused by trade center dust. The law-suits cited hundreds of different ailments, both serious and mundane, with the most com-mon being a respiratory problem similar to asthma.

Under the deal, the plaintiffs will be spared the tough task of proving that their illnesses were related to their work at ground zero.

scientists have documented elevated rates of asthma among ground zero workers and a decline in lung capacity among many firefighters but are undecided about other diseases.

The hurdle of proving a cause loomed especially high for people with common illnesses such as cancer, which doctors have not connected to the dust.

Most Sept. 11 Responders Settle Suits Over DustBY cBs News TeAM

NOveMBeR 8, 2010

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“The deal will resolve an overwhelming majority of the lawsuits over the city’s failure to provide protective equipment to the army of construction workers, police officers and firefighters who spent months clearing and sifting rubble after Sept. 11, 2001.”

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CBS News

a SettleMent in new york City will pay out hundreds of millions of dollars to ground zero workers exposed to toxic debris after the september 11, 2001, terror-ist attacks, lawyers said friday.

Plaintiffs narrowly approved the deal after facing a Tuesday night deadline that required 95 percent of some 10,000 people who worked at ground zero to approve the measure, according to Marc Bern, an attorney for the plaintiffs.

In March, U.s. district court Judge Alvin Hellerstein rejected an earlier settlement, say-ing that it did not do enough to address the workers’ ailments.

friday’s agreement concludes a seven-year fight between the city and first responders, who have said they were not properly outfitted for rescue and cleanup efforts after the 9/11 attacks, leaving them exposed to toxic dust that later prompted respiratory health issues.

The deal paves the way for at least $625 million in city payouts.“It’s a fantastic deal for everybody,” Berns said. “Is it perfect? No. Is there a perfect deal?

No. But this is as good a deal as you’re going to get.”former New York city Police department detective John walcott, who has leukemia,

was less enthusiastic.“There’s too much risk and no guarantees,” and he rejected the settlement because he did

not trust how the funds were going to be allocated, he said.Kenny specht, a former firefighter suffering from thyroid cancer, said he signed on to the

settlement to avoid continued litigation.“I supported the settlement because it was the only game in town,” he said. “what you’re

being offered is not everything you deserve, but your case won’t get dismissed.”New York city Mayor Michael Bloomberg called the deal “a fair and just resolution of

these claims, protecting those who came to the aid of this city when we needed it most.” “we will continue our commitment to treatment and monitoring of those who were

present at ground zero,” Bloomberg said on friday.congressional reaction to the announcement came quickly.

“The agreement reached today on the 9/11 settlement is a positive step for many ailing first responders — but the problem isn’t over,” New York Reps. Jerrold Nadler, Peter King and carolyn Maloney said in a joint statement. “Nearly everyone agrees that the settlement does not provide adequate funding to fully compensate those who are injured among the more than 10,500 plaintiffs in this case, nor does it cover the tens of thousands of 9/11 responders and survivors who are injured but have not filed lawsuits.”

New Jersey sen. frank lautenberg praised the deal, pledging to “continue working to pass the James zadroga 9/11 health bill in the senate to create a long-term solution that meets our responsibility to the heroes of september 11th.”

Those who signed onto friday’s settlement would still be eligible for the James zadroga 9/11 Health and compensation Act.

If passed, the bill would provide $7.4 billion in aid and medical coverage for 9/11 workers and survivors exposed to toxic substances after the world Trade center attacks.

The House approved the measure on a mostly partisan 268-160 vote in september.earlier this week, Bloomberg and state lawmakers called on the U.s. senate to pass

the bill.

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9/11 Workers Approve Settlement with New York CityBY Jesse sOlOMON

NOveMBeR 19, 2010

New York City Mayor Michael Bloomberg called the deal “a fair and just resolution of these claims, protecting those who came to the aid of this city when we needed it most.”

Those who signed onto Friday’s settlement would still be eligible for the James Zadroga 9/11 Health and Compensation Act.

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CNN

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9/11 Health Deal Gets OKGround Zero workers will receive up to $815 Million as 95.1% accept settlement

BY cHAd BRAY, —devlIN BARReTT cONTRIBUTed TO THIs ARTIcle

NOveMBeR 20 – 21, 2010

“We negotiated for over two years to achieve this settlement for our clients, which we truly believe is the best result, given the uncertainty of protracted litigation,” said Paul Napoli, one of the lead lawyers for the workers.

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Wall Street Journal, Greater New York More than 95% oF GrounD Zero workerS agreed to accept a settlement of long-running litigations over respiratory diseases and other injuries suffered in recovery operations following the sept. 11, 2001, terrorist attack.

A report released friday said 95.1% of 10,563 eligible plaintiffs agreed to settlement payments of at least $625 million and possibly as much as $815 million. Approval by at least 95% of the workers was needed under the settlement terms.

“we negotiated for over two years to achieve this settlement for our clients, which we truly believe is the best result, given the uncertainty of protracted litigation,” said Paul Na-poli, one of the lead lawyers for the workers.

More than 10,000 workers sued the city and its contractors, as well as other related parties, for failing to adequately protect them while they worked at the world Trade center site in the months following the 2001 terrorist attack. Many workers claim to be suffering asthma, blood cancers and other illnesses as a result of inhaling the toxic dust at the site.

The main settlement with the city and its contractors is worth at least $625 million and an additional $103 million is available through settlements with related parties over ground zero debris, including the Port Authority of New York and New Jersey. The city’s settle-ment could increase to as much as $712.5 million, depending on how many people opt into the settlement.

It’s possible the number of people participation could increase in the coming weeks.someone suffering from serious lung disease as a result of injuries suffered while work-

ing at the former world Trade center site could recover more than $1 million under the settlement with the city and its contractors.

The settlement comes as New York lawmakers are trying to push through legislation in congress that would provide health care and separate compensation to sick workers.

last week, U.s. district Judge Alvin Hellerstein in Manhattan agreed to extend the settlement deadline by a week for police officers, firefighters and other workers to accept the terms.

“This settlement is a fair and just resolution of these claims, protecting those who came to the aid of this city when we needed it most,” Mayor Michael Bloomberg said in a statement.

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Compensation Through Legislation for 9/11 Responders and Victims: An Analysis of ZadrogaBY PAUl NAPOlI, esq. ANd BRIAN cROsBY, esq. (NAPOlI BeRN RIPKA llP)

JUNe 1, 2011

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on jan. 2, 2011, preSiDent obaMa signed into law the James zadroga 9/11 Health and compensation Act of 2010, P.l. 111-347, providing a long-awaited victory for responders, victims, survivors, workers and other individuals affected

by the collapse of the world Trade center towers in the sept. 11 terrorist attacks. with the enactment of zadroga, the sept. 11 victim compensation fund of 2001 will reopen. Title Iv of P.l. 107-42, enacted shortly after the 2001 terrorist attacks, established the

“original” sept. 11 victim compensation fund of 2001. That vcf, however, was closed to new claims by statutory mandate dec. 22, 2003.

subsequently, and prior to the recent enactment of zadroga, the only recourse available to the thousands of injured rescue, recovery and debris-removal workers and volunteers was through costly and lengthy litigation. zadroga now allows for an alternate route to liti-gation: compensation through legislation. while not to be discussed here, another momen-tous perk to zadroga is health benefits under the world Trade center Health Program. The aim here is to summarize and highlight certain important aspects of the vcf as amended under the newly enacted zadroga.

This type of federal no-fault compensation fund legislation is historic but not un-prece-dented. zadroga follows in the foot-steps of other notable acts such as the Price-Ander-son Nuclear Industries Indemnity Act, the National vaccine Injury compensation Program and the war Hazards compensation Act of 1942.

zadroga’s Title II reopens the vcf. Title II does not replace the original vcf; rather, it amends and supplements certain provisions of Title Iv of the original vcf. section 403 of the original vcf provides the still-applicable purpose of the vcf: “to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the terrorist-related aircraft crashes of sept. 11, 2001.”

This simply stated purpose, however, becomes more complex in light of the provisions concerning eligible “individuals” under the vcf and other requirements. section 405(c) dis-cusses eligibility for compensation in general. eligibility generally hinges on whether the claimant:

• Meets the definition of “individual.”• Meets the timing and other eligibility requirements as provided under the act.The following will summarize these components of eligibility.


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Before the enactment of Zadroga, the only recourse available to the thousands of injured rescue, recovery and debris-removal workers and volunteers was through costly and lengthy litigation.

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Westlaw Journal® (formerly Andrews Litigation Reporter)

Joseph zadroga speaks at a news con-ference Nov. 29, 2010, calling for the passage of the bill named after his son, James zadroga, a New York city police detective who died of a respiratory disease he contracted during recovery operations at ground zero.

Paul Napoli is a senior partner of Napoli Bern Ripka llP in New York. As the plaintiffs’ co-liaison counsel in the In re World Trade Center Disaster Site Litigation, he was the lead attorney responsible for achieving settlements totaling more than $800 million for injured wTc workers.

worby Groner eDelMan & napoli bern, llp, lead counsel for Plaintiffs in the world Trade center disaster litigations, today announced its strong support for the draft Report release by the world Trade center (wTc) Health

Program scientific/Technical Advisory committee (sTAc). Trade center disaster site litigations, today announced its strong support for the draft

Report release by the world Trade center (wTc) Health Program scientific/Technical Ad-visory committee (sTAc). That report, provided at the request of the Administrator of the James zadroga 9/11 Health and compensation law of 2010 (“zadroga Act”) recommends that the zadroga program provide coverage for treatment and monitoring of some 20 can-cers believed related to the toxic exposures suffered by first responders and other workers at the site of the world Trade center during rescue, recovery and debris removal activities following the 9/11 terrorist attacks.

Pending a further hearing scheduled for March 28, 2012, the committee’s initial rec-ommendations are that cancers of the respiratory system (including nose, nasal cavity and middle ear, lung and bronchus, pleura, trachea, mediastinum and other respiratory organs be listed as wTc-related conditions. These cancers are associated with exposure to many carcinogenic agents of concern at the wTc, including arsenic, asbestos, beryllium, cad-mium, chromium, nickel, silica dust and soot. The respiratory tract is also the major site for acute and chronic toxicity resulting from wTc-exposures, including chronic nasopharyn-gitis, upper airway hyperreactivity, chronic laryngitis, interstitial lung disease, “chronic re-spiratory disorder - fumes/vapors”, reactive airways disease syndrome (RAds) and chronic cough syndrome.

The committee has also recommended that certain cancers of the digestive system, in-cluding esophagus, stomach, colon and rectum, liver and intrahepatic bile duct, retroperi-toneum, peritoneum, omentum and mesentery be listed as wTc-related conditions. The committee also noted that gastrointestinal reflux disease (geRd) is associated with cancer of the esophagus, especially if it progresses to Barrett esophagus. since cancer of the distal esophagus, gastroesophageal junction and gastric cardia share common risk factors, the committee listed geRd as a wTc-related condition for stomach as well as esophageal cancer. More information, and a copy of the committee’s draft report can be found at the National Institute for Occupational safety and Heal (“NIOsH”) website (URl): http://www.cdc.gov/niosh/docket/archive/docket248.html.

“Of course, our clients’ experiences and illnesses have demonstrated to us and to those others who have been working with these cases that there is a strong link between their exposures at the wTc site and developing a number of different cancers,” said

senior Partner Paul J. Napoli. “we are gratified to see that the scientific community and the zadroga Administrators are now taking steps to be sure appropriate coverage will be available to all wTc responders for all of their resulting injuries,” Napoli continued. “we have fought long and hard for these heroic wTc responders and we are so glad to know that the zadroga program is now taking proper steps to provide adequate coverage for all wTc injuries.”

WTC Lead Counsel Applauds Zadroga Advisory Committee’s Recommendation that WTC Related Cancers Be CoveredRecommendation by WTC Advisory Panel to include Cancer treatment in Zadroga Bill Benefits is great news, say WTC Plaintiffs’ Lead Counsel

BY wORBY gRONeR edelMAN & NAPOlI BeRN, llP

MARcH 26, 2012

“Of course, our clients’ experiences and illnesses have demonstrated to us and to those others who have been working with these cases that there is a strong link between their exposures at the WTC site and developing a number of different cancers,” said Senior Partner Paul. J. Napoli.

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a SerieS oF viCtorieS by Morgan Keegan & co is calling into question who can be considered a “customer” in securities arbitration cases.

Most recently, a case involving a partner in the lion fund, a hedge fund, led to an award totaling $206,000 for corbin Robertson III for personal losses stemming from a group of money-losing bond funds tied to allegations of fraud. The award was a small frac-tion of the $4.9 million he and the fund sought from a securities arbitration panel.

In its decision, the panel concluded that only Robertson could be considered a Morgan Keegan customer.

It was a major victory for Morgan Keegan, which is being sold by Regions financial corp to Raymond James financial Inc.

The brokerage has been battling a flood of cases tied to bond funds it underwrote and sold. The funds, heavily invested in risky subprime loans, were the subject of a $200 million civil regulatory fine.

Morgan Keegan’s success turns on a controversial argument: Investors who buy Morgan Keegan funds through other brokerages are not Morgan Keegan’s customers and, therefore, shouldn’t be allowed to file arbitration claims against it.

The argument has been successful in other Morgan Keegan cases, including one that re-versed a $9.2 million award to a large group of investors, only two of whom were not direct Morgan Keegan customers.

These wins highlight the ambiguity of a financial Industry Regulatory Authority arbitra-tion rule that defines the term “customer.” A brokerage is required to arbitrate in fINRA’s forum when a customer requests the arbitration. An interpretation in a 2001 federal court opinion suggests there must be a “brokerage or investment relationship” between the par-ties for an investor to be considered a customer.

fINRA’s only guidance is a rule that says “customer shall not include a broker or a dealer.”“Presumably, courts and fINRA should interpret the customer rule exactly as its written

— as everyone who is not a broker or a dealer,” said Adam gana, senior litigation counsel for Napoli Bern Ripka shkolnik llP in New York. If that happens, it would clarify that fINRA arbitration could extend to investors who bought securities underwritten by fINRA mem-bers through other brokerages.

gana has already appealed two rulings that deemed his clients non-customers and will attempt to persuade federal judges to consider this literal definition of “customer.”

A fINRA spokeswoman declined to comment on the rule and its interpretations.

Not Our CustomerA 2010 ruling by a fINRA arbitration panel foreshadowed the March 16 ruling on Robert-son’s award.

In the earlier ruling, the panel deemed that Morgan Keegan was “not associated” with the accounts, securities or conduct related to the lion fund’s purchase of securities. Those funds were not held in Morgan Keegan brokerage accounts. That left just Robertson’s claims for personal losses because his money-losing Morgan Keegan funds were held in Morgan Keegan brokerage accounts.

A lawyer for the lion fund and Robertson did not respond to a requests comment.The not-a-customer strategy has already also worked in other cases, including the ruling,

by a federal district court in October, that overturned the $9.2 million ruling against the Morgan Keegan. The investors in that case have appealed.


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Analysis: U.S. Brokerage’s Strategy Could Redefine ‘Customer’BY sUzANNe BARlYN

MARcH 21, 2012

“Presumably courts and FINRA should interpret the customer rule exactly as its written — as everyone who is not a broker or a dealer, “said Adam Gana, senior litigation counsel for NBRS in New York.

Gana has already appealed two rulings that deemed his clients non-customers and will attempt to persuade federal judges to consider this literal definition of “customer.”

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Thomson Reuters News & Insightfeaturing content from Westlaw

napoli bern ripka Shkolnik, llp (NBRs) filed an arbitration claim on behalf of an elderly beneficiary of a trust against david lerner Associates, Inc. (“david lerner”) for unsuitable recommendations, misrepresentations and other violations

in connection with the Apple Real estate Investment Trusts (ReITs). since 1992, david lerner has earned nearly $600 million in commissions for selling the Apple ReITs. NBRs is currently investigating Apple ReIT six, Apple ReIT seven, Apple ReIT eight, Apple ReIT Nine and Apple ReIT Ten, which almost exclusively invested in extended stay hotels. Ac-cording to the complaint, the Apple ReITs are alleged to be improperly valued and were sold to investors through misleading practices.

On May 27, 2011, fINRA’s department of enforcement filed a complaint against da-vid lerner for the sale of the Apple ReITs and alleged david lerner targeted unsophisti-cated and elderly customers, recommended unsuitable investments without adequate due diligence, made material misrepresentations and omissions, and maintained unfair trade practices. According to fINRA’s complaint, david lerner priced the Apple ReITs on client’s statements at $11 per share despite major fluctuations in the commercial real estate market, net income declines, increased leverage through borrowings, and return of capital to inves-tors through distributions. The beneficiary of the trust, like many other investors allegedly, was not made aware of these risks and now sues to recover the initial investment.

The law offices of Napoli Bern Ripka shkolnik, llP are available to represent defrauded david lerner and Apple ReIT investors. Napoli Bern Ripka shkolnik, llP attorneys have successfully represented thousands of investors in claims against their brokers and broker-dealers for claims, including suitability, misrepresentation and/or omissions, churning, neg-ligence, breach of contract, breach of fiduciary duty, and other violations of the law. You may have a claim if you invested in:

Apple ReIT 6Apple ReIT 7Apple ReIT 8Apple ReIT 9Apple ReIT 10

Napoli Bern Ripka Shkolnik LLP Files Arbitration Claim Against David Lerner Associates for the Sale of the Apple REITSBY AdAM J. gANA, esq.

AUgUsT 29, 2011

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Napoli Bern Ripka Shkolnik, LLP filed an arbitration claim on behalf of an elderly beneficiary of a trust against David Lerner Associates, Inc. for unsuitable recommendations, misrepresentations and other violations in connection with the Apple Real Estate Investment Trusts (REITs).

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napoli bern ripka, llp has been investigating claims that broker-dealers are im-properly placing unsuspecting investors into non-listed ReITs. Non-listed ReITs have recently begun to draw the attention of regulators and dissatisfied investors

alike. Regulators have become increasingly concerned as brokers potentially mislead inves-tors by recommending non-listed ReITs as low-cost and low-risk investments.

Non-listed ReITs are attractive cash cows for some brokerage firms. It is not uncommon for 15% of an individual’s investment to be consumed by commissions and fund expenses padding the bottom lines of brokerage firms rather than being put to work for investors. Because non-listed ReITs do not trade on exchanges, they are rarely revalued and may ap-pear very stable to investors.

One ReIT that is under investigation by regulators is Apple ReIT, sold by david lerner & Associates (dlA). dlA has come under fire by the financial Industry Regulatory Authority (fINRA) for its Apple ReIT sales practices of “targeting unsophisticated and elderly cus-tomers with unsuitable sales of the illiquid security.” In its action against dlA, fINRA also noted that dlA “earns 10 percent of all offerings of Apple ReIT securities as well as other fees. Apple ReIT sales have generated $600 million…accounting for 60 to 70 percent of dlA’s business annually since 1996.”

Napoli Bern Ripka, llP is investigating the following ReITs:

Napoli Bern Ripka, llP has successfully advocated for its clients in a wide variety of claims involving financial products, brokerage services, and commercial disputes. The firm does not charge a legal fee unless it recovers money for its clients.

American Realty capital TrustAmReITApple ReIT eightApple ReIT NineApple ReIT sevenApple ReIT sixBehringer Harvard Multi-family ReIT IBehringer Harvard Opportunity ReIT IBehringer Harvard ReIT 1cB Richard ellis Realty TrustcNl lifestyle Propertiescole credit Property Trustcole credit Property Trust IIcole credit Property Trust IIIconcord Milestone Plus lPcornerstone core Properties ReITcornerstone Healthcare Plus ReITdesert capitaldividend capital Total Realty Trustgc Net lease ReITgrubb & ellis Apartment ReITgrubb & ellis Healthcare ReIT II

Healthcare Trust of AmericaHines global ReITHines ReITIMH secured loan fund llcInland AmericanInland diversifiedInland westernKBs ReIT IKBs ReIT IIlightstone value Plus ReITPaladin ReITPiedmont ReITPrime group Realty Trustshopoff Properties Truststrategic storage TrustTNP strategic Retail Trustw.P. carey cPA 14w.P. carey cPA 15wells ReIT IIwells Timberland ReITwhitestone ReIT

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Non-Listed REITs Under Fire, Reports Napoli Bern Ripka, LLPBY AdAM J. gANA, esq.

JUNe 22, 2011

Because non-listed REITs do not trade on exchanges, they are rarely revalued and may appear very stable to investors.

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Nasdaq oMX®

The Essential Investment GuideWe keep our clients informed.

one oF the Great aDvantaGeS of accumulated wealth is its ability to grow through investing. whether an individual, a family, a corporation, or other entity, the appropriate and effective allocation of monetary resources can help generate

income and affords people the opportunity of accomplishing many of the goals they set up for themselves. sometimes, however, investors can be the victims of securities violations by their brokers, brokerage firms, or the firms who develop, market, and sell investment products.

Napoli Bern Ripka shkolnik llP developed The Essential Investment Guide to help investors better understand and navigate the investment world while also recognizing red flags that could indicate their broker or financial institution may not be handling investments correctly.

for further information, visit NapoliBern.com/The-essential-Investment-Guide or call (888) 529-4669.

sPecIAl ANNOUNceMeNT / 29

© 2012 NAPOlI BeRN RIPKA sHKOlNIK llP. lAsT UPdATed MAY 2012. All RIgHTs ReseRved. ATTORNeY AdveRTIsINg. PRIOR ResUlTs dO NOT gUARANTee sIMIlAR OUTcOMes.

fOllOw NB fRee NAPOlI BeRN MOBIle APP

ServinG ClientS loCally FroM oFFiCeS nationwiDe

heaDquarterS eMPIRe sTATe BUIldINg / 350 fIfTH AveNUe / New YORK, New YORK 10118

NapoliBern.com / (888) 529-4669

Our attorneys have over 150 years of collective legal experience.

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