Monday, September 3, 2018

Former Client on National Geographic+ Current Client..Singer Jack Russell

Yes, Jack is one of my clients..........I can feel for the guy after the horrific fire in 2003....

Jack Russell is the original singer of the band Great White (80's metal) and is now the singer of his band, Jack Russell's Great White...due to the lawsuit settlement, Jack took the Jack Russell's Great White name for his band, and the other band is named Great White.  The very sad fire that happened in 2003 in Rhode Island took a horrible toll on Jack's band, the audience, and the relatives and friends that were all there.  A memorial setting has now been erected where the nightclub used to be.

Unfortunately, some people who don't understand the truth of how things work legally, feel that Jack is responsible for the fire; but Jack is the singer? Do we really believe that if any band was in any venue (even a huge stadium) and that something went wrong, we would blame the SINGER(s)??

That's pure nonsense.

Legal fact patterns require understanding the law. The official fire report that was published indicated negligence with the the club owners and the band's manager--not anyone else. A fire suppression system was not in place (but should have been) and the foam used in the building was also not legal due to its flammability. How would a singer know any of this?

 He/or she as a "singer"  would not know, and would never be expected to know that. Which is why Jack Russell was not charged with a crime.   Why didn't the local fire inspector know anything about the foam?  These types of questions indicate, and the fire report proves, the exits and safety routes were improper also, and that people were blocked from trying to get out? Essentially the flammability level of the foam was so high that it only took about four seconds to start igniting. No members of the band were found to be at fault legally.

The manager (who is not a member of the band) and the club owners were found liable, and after it was all said and done, according to online research, many corporations (Home depot, Anheuser Busch,etc) donated MILLIONS to the victims/families. Estimates seem to indicate it was over $120 million years ago.   No one talks about this, but research does have its points. Nevertheless,  Rhode Island Survivors and victims' relatives have now been offered a total of nearly $175 million from the governments and a variety of companies sued over the fire [this was noted in 2008.]

Had this happened in California, attorney believes the government local fire inspectors would not be immune and a tort claim could be filed. Municipal immunity and governmental tort immunity is a complicated subject which arises when individuals want to sue a governmental entity. Surprisingly, there are quite a few situations in animal law cases involving governmental immunity. This link explains 42 USC 1983 claims  http://www.constitution.org/brief/forsythe_42-1983.htm  
or  http://cdn.ca9.uscourts.gov/datastore/uploads/guides/Section_1983_Outline_2012.pdf

YES, this is about constitutional law......


https://youtu.be/uaWTKVqam1k


As of September 2008, at least $115 million in settlement agreements had been paid, or offered, to the victims or their families by various defendants:  https://en.wikipedia.org/wiki/The_Station_nightclub_fire
  • In September 2008, The Jack Russell Tour Group Inc. offered $1 million in a settlement to survivors and victim's relatives,[32] the maximum allowed under the band's insurance plan.[33]
  • Club owners Jeffrey and Michael Derderian have offered to settle for $813,000,[34] which is to be covered by their insurance plan due to the pair having bankruptcy protection from lawsuits.[34]
  • The State of Rhode Island and the town of West Warwick agreed to pay $10 million as settlement.[35]
  • Sealed Air Corporation agreed to pay $25 million as settlement. Sealed Air made soundproofing foam installed in the club.[36]
  • In February 2008, Providence television station WPRI-TV made an out-of-court settlement of $30 million as a result of the claim that their video journalist was said to be obstructing escape and not sufficiently helping people exit.[37]
  • In March 2008, JBL Speakers settled out of court for $815,000. JBL was accused of using flammable foam inside their speakers. The company denied any wrongdoing.[38]
  • Anheuser-Busch has offered $5 million.[39] McLaughlin & Moran, Anheuser-Busch's distributor, has offered $16 million.[39]
  • Home Depot and Polar Industries, Inc. (a Connecticut-based insulation company), made a settlement offer of $5 million.[40]
  • Providence radio station WHJY-FM promoted the show, which was emcee'd by its DJ, Mike "The Doctor" Gonsalves (who was one of the casualties that night). Clear Channel Broadcasting, WHYJ's parent company, paid a settlement of $22 million in February 2008.[41]
There are other named defendants who have not yet made a settlement offer, including American Foam Corporation, who sold the insulation to the Station Nightclub.
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Here is one of the videos from National Geographic showing attorney's  former family law client working to pull burls out. Al works locally and also travels to pull in different areas. A good burl
can be worth many thousands. Usually the burls Al pulls end up on high end vehicles,
vessels, and planes. High end veneer is pricey and highly coveted in industries catering
to the rich and famous, or just people wanting high end furniture.



http://channel.nationalgeographic.com/filthy-riches/videos/hollowed-out-hope/#