Category Archives: Pensacola

DuPont Responds To Spelter Case

Not since last October, in the Pensacola News Journal, have you heard about the Spelter, W.Va. class action case taken by local Air America Radio Host and attorney Mike Papantonio. And that was the press release about the Levin-Papantonio firm winning a $196 million lawsuit against E.I. DuPont. It has grown since then. Just yesterday the company issued a public response to the class action lawsuit.  And the $127 million in attorneys fees.  This was somehow missed by the local paper.

Dupont’s response is summarized . . .

“The court’s decision to include biennial chest CT scans in the medical monitoring program is particularly troubling. CT scans are not recommended for such medical monitoring because the risks of harm, including risks of cancer due to radiation exposure, outweigh any benefits. This determination is supported by a recent study published in the New England Journal of Medicine. The trial evidence showed that neither the U.S. Preventive Services Task Force, nor any other authoritative medical screening authority, recommends CT scans for screening asymptomatic patients. The court’s rulings, which adopt a plan that includes regular CT scans, ignore the consensus of the medical community.

“The court also erred in estimating the cost of the medical monitoring program at $130 million. Plaintiffs’ counsel presented a grossly inflated cost projection as justification for a larger award of attorneys’ fees. This estimate is based on implausible and inflated assumptions and forecasts about medical costs and participation rates for the class members. This projection overestimates the reasonable expected cost of the program by many tens of millions of dollars. DuPont‘s funding obligations will be based on the actual cost of the program, not plaintiffs’ unrealistic estimate.”

And the wrap-up of the total damages at this point goes like this.

On Monday, Bedell approved $127 million in attorneys fees and nearly $8 million in litigation costs, which will be taken from the overall award of $381 million.

related link: Daily Report

By Their Circle Of Friends, Sen. John McCain

Like the apple doesn’t fall far from the tree, in politics, the company you keep says something about you. Take Sen. John McCain on immigration, for example. He says he has seen the light now that his strong advocacy for amnesty (or whatever descriptor you wish to apply), in the form of the President’s amnesty bill, or as they call it, the comprehensive immigration reform bill, has failed. But has he really?

Sen. McCain has recently dropped all kinds of names as potential advisers, except where it comes to illegal immigration issues. On that subject, the man is . . .

Dr. Juan Hernandez, McCain Hispanic outreach director: “We must not only have a free flow of goods and services, but also start working for a free flow of people.”

A credentialed member of a Mexican Cabinet position, heading the presidential Office for Mexicans Abroad. But wait, there’s more!

A hybrid of two cultures, he is the first Mexican American to hold a Mexican Cabinet position, heading the presidential Office for Mexicans Abroad. The office, newly created by President Vicente Fox, seems tailor-made for Hernández, a trusted aide handpicked by the president to protect the rights of Mexican émigrés and their families, and, perhaps just as importantly, to reach out to the millions of Americans of Mexican ancestry.

As Florida’s primary voting approaches, is it any wonder why Sen. McCain is not mentioning illegal immigration (the war, no, the economy, the war, the economy) and who his trusted advisers are on that subject? Between now and Tuesday the 29th, if not at all, will someone ask the senator if he shares Hernandez’s views of “Mexico First/” “Just A Region”/”Free Flow of People” or not?

h/t Michelle Malkin | Juan Hernandez website

UPDATE: couple hours later. Turns out, McCain was asked a little while ago, but not from a member of the media. Hear the exchange and see the transcript on Hot Air. Feel any better about him now? I don’t.

Roy Jones Jr. Retires Felix Trinidad

Good for Roy Jones, Jr. Pensacola’s own RJJ has good reason to be happy. Well, aside from the $3 million purse. Roy showed everyone again what the best fighter “pound for pound” looks like. 

It was a performance that reminded when Jones was declared the best “pound-for-pound” fighter in the world. The Pensacola resident, a Washington High graduate, flashed his speed, quick-strike ability and devastating power punches to fell Trinidad, 35, who had once ascended to the mantle of his weight division before retiring three years ago.

Shown here is one of two knockdowns that Roy gave Trinidad.

related: Pensacola News Journal

Bayou Texar, In Your Head Radio

Had an on-air interview today by Rick Outsen, host of ‘In Your Head Radio,’ publisher of the Independent News, and blogger. Subject of the conversation was focused on my post Cleaning Up Bayou Texar.

Thanks to Rick for bringing the long-standing and long-ignored problem in Bayou Texar to his program and the citizens of Pensacola. And thanks for the plug for The Lunch Counter.

links: In Your Head Radio, 1620am | Cleaning Up Bayou Texar

Cleaning Up Bayou Texar

Referring to this post from last November, I made a point that a local conservation group, the Emerald Coastkeepers, seemed more interested in suing companies with deep pockets and not interested in trying to find out where the sewage comes from that has repeatedly caused the Health Department to close Bayou Texar from human contact. Turns out, they are interested in the sewage problem in the bayou.

Larry B. Johnson, the volunteer in charge of Bayou Texar for the Emerald Coastkeepers is on their board of directors. Larry and I are on the same page on the subject of sewage in the bayou and I have agreed to volunteer to find an end of the sewage problem that has plagued the bayou for so many years. So that’s where I got involved, and now have something to report.

There was a study published by the University of West Florida in September 2006 that was, at that time, the most comprehensive analysis of water quality in Bayou Texar ever done. The Health Department has it for your review on their website. You might need a lawyer and a chemist standing by to assist you in deciphering it. It is very detailed.

After looking at the survey and knowing how many years Bayou Texar has had a sewage problem, I set out to find some answers to these questions. If you have any questions to add, please let me know.

  • Does the Health Dept know which systems are in failing condition?
  • Where are they? Names and addresses.
  • Are any of the properties with failing septic systems within 50 feet of an ECUA sewer?
  • If yes, has the Health Dept taken steps to force the property owners to comply?
  • Has the Health Dept notified the property owners to repair their systems and if so, have the property owners complied?
  • Who is responsible for this problem continuing, the Health Dept or the property owners, or both?
  • Are there any outstanding orders for the ECUA to do any sewer hookups, and if so, how many?
  • Of those hook-up orders, how many of them are on the offending septic systems in the bayou?

With the cooperation of the Health Department and the ECUA, I can report that there are no septic systems facing Bayou Texar. All of the properties on the bayou are on city sewer. I don’t know how long that has been the case, but it is the case now.

Enforcement of codes as relates to sewage falls under the purview of the Health Department. And, according to Philip Davies there, the methods of enforcement they use are definitive and seem to work well. Most often it is handled with a little education to the property owner, and gets into a legal issue if necessary, but in either case, their actions are effective in correcting a problem.

Davies also said that there is a new study currently underway by UWF that is focused on determining the sources of the fecal contamination in the bayou, which necessarily includes Carpenter’s Creek. Carpenter’s Creek, which feeds into the bayou, extends from the bayou on up to beyond Olive Rd and Old Palafox. One quickly realizes how difficult a project this is when you appreciate the size of the area to examine.

There are currently no pending work orders for the ECUA to hookup residents to the sewer system in the Carpenter’s Creek area and no pending actions by the Health Department to residents in the Carpenter’s Creek area.

I questioned whether the dog park on the bayou was the culprit and the answer is no, it is not. Despite the fact that the testing site the Health Department uses for the bayou is right at the dog park, the fecal contamination is not coming from it. They use that site, as opposed to other locations on the bayou, because that is the part of the bayou that has the most public activity.

That is all I have to report at this time. Will report back with a progress report on the current survey that UWF is doing and when they think it will be finished.

UPDATE 01/08/08: Dr. Richard (Dick) Snyder, the biologist responsible for the current study, was prompt to reply to questions I had regarding the study. Thank you Dick for your quick reply. These were the questions . . .

When do you anticipate completing the report? Will the report, or the work being undertaken to produce a report, actually determine the sources or pathology of the fecal contamination as relates to specific properties along the waterway, including rainwater runoff sources? After determining what is happening to the bayou and why things are happening to the bayou, will making recommendations for remediation of the waterway be part of your report or subsequent reports? Is the subject study a UWF financed project or a federal, state, county or city grant-financed project? Basically, who is paying for it?

This is Dr. Snyder’s reply, which addresses every question, in his own words.

The study will be done over two years to incorporate annual variation in water levels. We will try to identify contaminated ground water as opposed to runoff, with the idea that the groundwater will more likely be septic or sewer malfunction. The data will be given to the DOH and ECUA for them to address any identified problems. Financing is from a fine levied against the Target Corp. for contaminating Carpenter’s Creek, through the West Florida Planning Council and with input from the Bayou Texar Foundation, who is providing some additional funding.

So from the standpoint of what happens next as far as sewage in the bayou is concerned, we wait for the report in late 2009 or early 2010. I suppose we can rest easy in the fact that there are no septic systems in use on the bayou itself. The problem appears to be upstream. Meanwhile, residents around Carpenter’s Creek should know to keep an eye out for septic system failures or sewage system failures and report them to the Health Department (595-6722) or the ECUA (969-3303).

Air America: Homophobic Huckabee?

Post Iowa caucus analysis by Air America’s Senior Political Correspondent David Bender and Mike Papantonio, co-host of Ring of Fire, an Air America radio program, on Huckabee’s performance in Iowa and beyond. In their opinion, his plus is he is against big business (like BIG LAW?) and carries a ‘populist’ message. Their vehement dislike for successful (BIG) business is obvious. Oh, but the downside is he’s a homophobe, that that’s what we’ll get if he becomes President.

Coming from two educated people, well, a reporter and a lawyer. The offending bit of liberal smearness begins around 9 minutes into the 12 minute video. Calling someone you fear or oppose something like a homophobe does illustrate perfectly the far left’s moral and intellectual base. That is why I hope Air America stays on the air. You need to hear them, if only for a couple minutes. The network does have my sympathy. They’re finding out how hard it is to find a sponsor willing to tolerate that kind of stuff, and, a public that wants to hear it. You can count on these guys to bring it to you. Investors welcome, but be forewarned, they already want the Fairness Doctrine revived.

related link: goLeftTV

Pundit Predicts State of the Union, And Hillary’s Presidency

Well, a pundit as far as the ‘letters to the editor‘ go. In the Pensacola News Journal today, a regular LTE writer, Noah H. Belew, gives his prequel to the President’s upcoming State of the Union message in his letter Made 2007 worse.’ For starters . . .

The president will not tell the truth when he gives the State of the Union to Congress later this month. He’s never been honest with Congress and the American people. The majority of Americans don’t feel as safe today as they were before Bush invaded Iraq.

I replied to him there, noting that his frustration is typical, if not symptomatic of the political psyche of the left, then responded thusly.

“The majority of Americans don’t feel as safe today as they were before Bush invaded Iraq.”

The reason for this feeling is that war has been declared on us, 3000 of us were killed in this country by the enemy, al Qaeda. But, the majority of Americans also feel alive today because of Bush and our courageous military personnel.

“Any one of the presidential candidates would be better than George W. Bush. We know our nation will continue to slide downward during 2008.”

Bush isn’t running this time. What we’re left with is cut and run candidates in the democrat party, and one cut and run republican candidate. Four years of continuous job growth, unemployment is still at virtual ‘full employment’ levels, and a still growing economy, the federal budget deficit is at 1.2%, well below a 40 year average, even after Katrina and other natural disasters we’ve suffered, including the cost of fighting this war, and the poor are getting richer, makes me wonder what playground Mr. Belew is playing in on his ‘downward’ slide. It must be the same one John Edwards is playing in. Taking all this into account, what will Democrats in Congress do to “fix” that?

“I predict that after Hillary Clinton is elected Madam President, and Democrats are an elected majority in Congress, they will: . . .”

Half the country doesn’t like Sen. Clinton, the other half can’t stand her. Somehow I just can’t see here being elected. Last I checked, Democrats have been in the majority for the last 12 months. Noticed any improvement? They’ve got ‘creating investigations’ down pat.

“• Increase the personnel in our armed forces 35 percent. A draft is unpopular, but it may be necessary to achieve it.”

If Hillary is Commander in Chief, there would have to be a draft just to keep the military at its current size, let alone increase it by 35%. Patriots, who would place themselves in harms way would not volunteer to be led by someone who is guided by polls and focus groups. Our sons, daughters, brothers, sisters, mothers and fathers know what is worth fighting for, and keeping Hillary in office isn’t one of them.

Pensacola Restaurant & Dining Reviews

Time out for a little shameless self-promotion. Not for this blog, but for Philly’s Cheesesteaks & Hoagies, our family business. Like most transplants from the Philadelphia region, when you’re out and about the country, you’re wishing you knew where you could get a good cheesesteak. So on the subject of cheesesteaks, I can’t help but to agree with Pensacola Restaurant & Dining Reviews blog, the place for them in Pensacola is Philly’s.

related link: Pensacola Restaurant & Dining Reviews

Which Picture Does Not Fit?

This is like the tests in elementary school where you are shown a few pictures, but one of the pictures do not ‘fit’ for one reason or another. This is similar except there is no age level.

All four pictures were taken on 12/19/07 at the Pensacola Naval Air Station. Also known as the cradle of naval aviation. Pensacola NAS is the place where every pilot in the U.S. Navy is trained.

Which picture does not fit?

.

Blue Angels Precision Flying Team

Blue Angels

Barrancas National Cemetary

Barrancas National Cemetary

National Naval Aviation Museum

Naval Aviation Museum

Citgo Gas At The Navy Exchange

Citgo Gas At Navy Exchange

related link: Why Is Citgo On Our Navy Bases?

‘Ring Of Fire’ Radio On Air America

Direct from the host of Air America’s ‘Ring of Fire‘ radio program himself, Mike Papantonio claimed that his show, which he co-hosts with Robert F. Kennedy Jr., would be the response to ‘the fat drug addict with a tie,’ his snide reference to his nemesis, Rush Limbaugh. He said this on WEAR-TV, an ABC affiliate in Pensacola, FL back in January 2004.

At that time, I wished him luck. And knowing the message he had to give based solely on that remark, I had my doubts that the show would make it.

The truth of the matter will be in the profit & loss statement of the PK radio show. The studio and all its costs are one thing. One could expect a new business to go a year or two, or even more, before it begins to make a profit. Conservative talk radio is actually supported by advertisers who are supported by listeners. Will PK radio have the same success, or will it have to be fed by the special interests of the left to stay on the air? Whichever way keeps them on the air will determine whether it is a legitimate business or a mouth organ of the left.

Well, one bankruptcy and a couple buy-outs later, I think it is more a mouth organ for the left than genuine talk radio. In his case, it’s more like rabid radio. They recently added a third co-host to their lineup. No amount of quantity will make up for the quality of their message. Rabid radio has no market beyond the lemmings that they attract, and their friends, relatives, and employees.

The show is driven by the agenda they choose, not the news of the day, with pre-recorded interviews of other ‘progressives’ like Molly Ivens, Bill Moyers, and Michael Moore. There are no dissenting opinions offered on whatever the topic is that they discuss. It is a pep rally for the left, not talk radio.

To compete in the talk radio industry, you have to take calls from actual listeners and debate the topics of the day. That’s what Limbaugh, Hannity, and Boortz do. They take calls. The Ring of Fire does neither. They could show you their syllabus for upcoming shows which says what they’ll be talking about.

Hear how they “take” calls, from BIG LAW attorney and Air America radio host Mike Papantonio himself. Call the show 866-389-FIRE (3473) and this is what you’ll get. Pain yourself, like I did, and listen to a show (one show/week for 3 hrs), available on short wave, the internet, and a few AM radio stations, and see how many calls they take. I listened to one, to see if they would comment on either of my two questions. Of course, they did not. As a matter of fact, a quadruple amputee could count on his toes and fingers the number of calls from actual callers they did take, which was zero. The Ring of Fire is really more like a blow torch than talk radio. Not even in the same league as Rush or the other conservative talkers. Their newest incarnation of ‘progressive’ news is goLeftTV, also financed by the Levin Papantonio law firm. From rabid radio to rabid internet, they’ve got it covered. “Investors” welcome, since advertising isn’t paying the bills.

This is the Ring of Fire’s version of TALK RADIO. <click here>

h/t Ron’s Musings

related links: Ring Of Fire | goLeftTV | Papantonio & Kennedy Talk Radio | Papantonio & Kennedy Talk Radio & Air America

Belly up to the counter. Politics are on the menu and Ross is on the grill.