Iwo Jima Memorial
Today is Veteran’s Day. The work we do, assisting accident injury victims in their reach for a measure of justice, would not be possible without a legal system protected by the sacrifices and contributions of those who serve and of those who have served in the armed forces of these United States of America. We offer our sincere and heartfelt thanks to those in active duty and to all our Veterans.
THE SUPREMACY CLAUSE
Article. VI. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Pursuant to the Supremacy Clause of the United States Constitution, federal law preempts conflicting state law. As advocates for the rights of injured individuals, the legal team at Friedman & Simon, L.L.P., Attorneys at Law, is deeply concerned about efforts to use the Supremacy Clause to advance large corporate interests at the expense of people victimized by the misconduct of these corporations.
For example, if a federal administrative agency has issued regulations addressing a given matter, an injured person, seeking to present a claim pertaining to that matter, would be precluded from making such a claim against an allegedly responsible corporate defendant in state court. The federal agency pronouncement would supplant the injured persons right to have a jury hear and decide his or her case. By way of example, plaintiffs injured by defective drugs, or a dangerously designed or manufactured auto seat belt, then find themselves unable to avail themselves to “their day in court,” to seek a measure of justice.
The American Association for Justice has spoken out and continues to speak out against these ominous developments. In this political season, you may wish to inquire as to where the candidates you are considering stand on these issues. Here are links to some related developments at the American Association for Justice web site:
Our client fell from a ladder. Those responsible for the construction site he worked at gave inadequate care to keeping the work area clear of debris. The dangerous condition of the ground that the ladder was positioned upon caused the ladder to fail.
Our client was catastrophically injured as a result of this fall. He was rendered permanently disabled from work. As a result, his life-roles of husband, father and working member of society, were broken. He reached out to his lawyers, seeking to be made whole.
The same people who failed to properly care for the construction site, so as to provide a safe workplace, sought to escape taking responsibility for the devastating harm they had created.
This week, after several years of litigation, Roger L. Simon, Esq., favorably resolved the case so as to provide compensation for our client. In addition to the multi-million dollar result which will provide security for our client and his family, the triers of fact, the jury, gave validation to the truth that Roger and our client knew all along. Those who hurt other should be held responsible. This does not always happen. When it does happen, we are fortunate indeed to witness such a measure of justice. This was one of those times.