Wal-Mart Ethics

In 2007, Walmart reported net sales in the third quarter of $90,000,000,000.

One of their associates (employees) suffered a tragic automobile accident from which she lost her short term memory. Since then her son died in Iraq. Every time she asks about him and is told he was killed she weeps with the anguish of being told for the first time her son is dead.

Although Wal-Mart was notified of a settlement in her case against the other driver, it did not demand any of the almost $500,000 in medical bills paid by its medical insurance. The net settlement to her was far less than her medical bills. Years later it decided to sue its employee to get the money she received. The medical payments were made because it's employee paid premiums but Walmart insisted on a provision that it would get its money back regardless of how badly their employee was hurt or how small the settlement was compared to her injuries.

Wal-Mart spokesman John Simley, who called Debbie Shank's case "unbelievably sad," replied in a statement: "Wal-Mart's plan is bound by very specific rules. ... We wish it could be more flexible in Mrs. Shank's case since her circumstances are clearly extraordinary, but this is done out of fairness to all associates who contribute to, and benefit from, the plan."

Mr. Simley expresses concern for the other associates if this poor woman is given a break. My guess is that if it asked all the associates to pitch in less than a dollar to avoid this terrible action, everyone would agree. The "very specific rules" to which Mr. Simley refers are Walmart Rules and, therefore, can be changed by Walmart in the face of human tragedy. Unfortunately Walmart does not have a department of conscious down the hall from its legal department.

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Constitutional privacy rights

One of the fundamental tenants of dictatorial control is invasion of the privacy and thoughts of the citizens. The administration has closely guarded its program to spy on American citizens. This is done in the name of national security. We are told to trust the Administration even though the highest levels of government outed a CIA agent for political revenge.

In the old days law enforcement ran their projects by a judge to assure that there was a legitimate reason for this private invasion by the government. This system worked well for prosecuting organized crime in the US. Later the process was refined to avoid critical delay in terrorist investigation. A special Court trained to address these types of warrant requests related to national security became on call 24/7. Law enforcement could present the warrant 48 hours after the fact for retroactive approval if necessary.

Unrestricted and unapproved discretion by the government’s agents has not worked.
1. A New York governor was subject to phone and computer tapping and teams of FBI agents tailing him on numerous occasions in hopes of catching him committing a misdeamor by having sex with a prostitute because he was “High Profile”.
2. Senator Obama’s passport records were invaded on three separate occasions. A computer alarm went off each time because a warning system was installed years ago when President Bill Clinton’s private records were accessed.
3. None of the alarms were reported to management, much less to the public.
4. Ironically, the matter was brought up by the press.
5. As a result of the outing by the press, our government has now discovered that the private records of Senators Clinton and McCain have been reviewed.

Our democracy requires the check and balance of judicial oversight which is demonstrated over and over by the tiny amount of visibility we have of the convert efforts of our government.

Judicial oversight

One of the fundamental tenants of dictatorial control is invasion of the privacy and thoughts of the citizens. The administration has closely guarded its program to spy on American citizens. This is done in the name of national security. In the old days law enforcement ran their projects by a judge to assure that there was a legitimate reason for this private invasion by the government. This system worked well for prosecuting organized crime in the US. Later the process was refined to avoid critical delay in terrorist investigation. A special Court trained to address these types of warrant requests related to national security became on call 24/7. Law enforcement could present the warrant 48 hours after the fact for retroactive approval if necessary.
Unrestricted and unapproved discretion by the government agents has not worked.
1. A New York governor was subject to phone and computer tapping and teams of FBI agents tailing him on numerous occasions in hopes of catching him committing a misdeamor by having sex with a prostitute because he was “High Profile”.
2. Senator Obama’s passport records were invaded on three separate occasions. A computer alarm went off each time because a warning system was installed years ago when President Bill Clinton’s private records were accessed.
3. None of the alarms were reported to management, much less to the public.
4. Ironically, the matter was brought up by the press.
5. As a result of the outing by the press, our government has now discovered that the private records of Senators Clinton and McCain have been reviewed.
Our democracy requires the check and balance of judicial oversight which is demonstrated over and over by the tiny amount of visibility we have of the convert efforts of our government. Blake Bailey

Railroad Workplace Safety

Some acts of negligence are the result of situational decisions. Split second decisions while driving a car can be the product of negligence that foreseeably cause injury to another. At thirty miles an hour, a person’s car gains forty-four feet a second. For that reason, the fate of others is determined in a heartbeat.

Other acts of negligence are made by premeditated corporate calculations in a boardroom. These decisions have no excuse from being made under pressure.

One of the decisions made by railroad companies is to use property not owned by them to conduct their business. Parking lots of retail businesses or unused city properties are examples of workplaces for railroad workers in maintenance of way. Workers are ordered to show up at these places to organize crews, pick up equipment and trucks.

There are two characteristics of these non-railroad property workplaces:
1. It is free to the railroad company.
2. There is no practical way that the railroad company can honor its duty to provide workplace safety.

A classic example of this mismanagement occurred in the small town of Nebraska City, Nebraska in which Union Pacific Railroad Co ordered employees to pick up trucks and organized work gangs on municipal property under a viaduct. This out-of-the-way property was not used or supervised by Nebraska City. The railroad did not reach an agreement or even inform Nebraska City of its free use of this property.

Union Pacific did not determine that the property was being supervised by the city or undertaken the duty itself. As a practical matter Union Pacific could not assure the safety of the property as a workplace. No permanent supervision or security was in force. It is important to note that this is not an isolated occurrence but exists today throughout the United States.

A maintenance of way employee showed up at this site under orders to pick up a truck. He arrived a day after a snow storm. While walking up to the truck, he fell into an open manhole. The manhole cover had been removed by someone--an act of some effort that could have never gone unnoticed in a supervised railroad property. This bizarre violation of workplace safety occurred as a result of a cold, calculated decision by management to save money and unethically use municipal property without permission or arraignments. This management decision is occurring today and will occur tomorrow.

Attorneys representing workers in FELA cases should take to task the railroad companies putting their workers at risk by trespassing on property owned by others.

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Justice for the People IV

Justice for the People III

Justice for the People II

Justice for the People I

Heparin

Baxter Issues Urgent Nationwide Voluntary Recall and lists the following adverse reactions:

Adverse patient reactions have included: stomach pain or discomfort, nausea, vomiting, diarrhea, decreased or low blood pressure, chest pain, fast heart rate, dizziness, fainting, unresponsiveness, shortness of breath, feeling your heart beat strong or fast, drug ineffectiveness, burning sensation, redness or paleness of skin, abnormal sensation of the skin, mouth or lips, flushing, increased sweating, decreased skin sensitivity, headache, feeling unwell, restlessness, watery eyes, throat swelling, thirst and difficulty opening the mouth.

What has been hidden in the announcement is that the consequences to the reaction this blood thinning product can be serious and life threatening.

The FDA has little budget to check out the drugs it approves and must rely upon the representations given by the very company that is under intense pressure to aquire a quick release of the product. Unfortunately, some states including Texas proclude litigation concerning products with FDA approval. This is an intense legal fight by the attorneys representing victims of dangerous pharmacuticals.

http://www.bailey-law.com/lawyer-attorney-1215852.html


FEMA trailer danger

FEMA has created a perfect storm for the victims it is supposed to be helping. Not only has it failed to move forward with the funding it has to rebuild the coast, it now has been revealed that the agency has covered up the dangers of the trailers it provided as temporary housing. The pressed wood walls and flooring contain formaldehyde which is a known cause of several medical conditions including cancer.

The trailers that were provided as a temporary fix shortly after Katrina are still being used while families wait for the agency to wake from its bureaucratic sleep. The testing done on the trailers was only done on trailers that had been aired out and the testing was only for short term exposure. The conclusion that the trailers were safe was contra to some of FEMA's own experts and certainly flew in the face of known scientific and medical knowledge.

Not only has FEMA not lived up to the compliment of "Good job, Brownie" uttered by President Bush shortly after the devastation of Katrina, now it is obvious that it is unethically exposing the victims to poisons which will surely take their toll. Ironically, if it had just moved ahead with deliberate haste, the exposure to these cancer causing trailers might have been short enough to save some from its more serious consequences.

http://www.bailey-law.com/lawyer-attorney-1215838.html