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Dead Constitution
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Title: 9/11 suit tossed (right to sue waived by taking 9/11 funds)
Source: NY Daily News
URL Source: http://www.nydailynews.com/news/story/383708p-325727c.html
Published: Jan 18, 2006
Author: BY JONATHAN LEMIRE
Post Date: 2006-01-18 19:29:08 by Zipporah
Keywords: tossed, (right, waived
Views: 62
Comments: 8

Can't blame city, Motorola for faulty radios: top court

DAILY NEWS STAFF WRITER

The U.S. Supreme Court yesterday upheld a ruling that families of firefighters killed at the World Trade Center cannot sue the city and Motorola over allegedly faulty radios used on 9/11.

The high court backed an earlier decision that the families waived their right to file a lawsuit because they had accepted money from the federal September 11th Victim Compensation Fund.

The ruling infuriated relatives of the slain Bravest.

"The justice system has turned a blind eye," said Rosaleen Tallon, whose brother, Sean Tallon, 26, died when Tower 1 collapsed. "It's very disappointing and frustrating."

More than a dozen victims' families filed the suit in early 2002 amid charges that the Motorola radios the firefighters carried into the twin towers did not work in the skyscrapers - meaning firefighters missed evacuation orders that might have saved their lives.

After the 2nd Circuit Court of Appeals rejected the case last year, the families - armed with supporting briefs written by Reps. Henry Hyde (R.-Ill.) and Carolyn Maloney (D-Manhattan) - brought it to the Supreme Court, which declined to hear it.

"There is no doubt that wrong has been done here," said Tallon, 34, whose brother was a probationary firefighter at Ladder 10, based just across the street from the Trade Center.

The average award made to families by the September 11th Victim Compensation Fund was a tax-free $2.1 million. Recipients were required to waive their right to file civil lawsuits relating to the tragedy. When the fund was set up, the federal government was especially concerned that legal action would bankrupt the airline industry.

The disappointed families are now considering funding a private investigation into the faulty radios in an effort to focus national attention on the issue, said their lawyers, Richard Salem of Tampa and Eric Lieberman of New York, yesterday.

Motorola, which argued that the communication issues were caused by problems with repeaters in the 110-story towers, expressed its condolences to the grieving families while celebrating the court's decision.

"The ruling speaks for itself," said Steve Gorecki, company spokesman.

"We feel the Supreme Court appropriately decided not to review the dismissal of the case," said Kenneth Becker, chief of the World Trade Center unit at the city Law Department.

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#1. To: All, *9-11* (#0)

Ping 9/11 list

Zipporah  posted on  2006-01-18   19:29:53 ET  Reply   Trace   Private Reply  


#2. To: Zipporah (#0)

cannot sue the city and Motorola over allegedly faulty radios used on 9/11

The disappointed families are now considering funding a private investigation into the faulty radios in an effort to focus national attention on the issue,

I can think of better things to investigate regarding 9/11.

If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
~James Madison

robin  posted on  2006-01-18   19:32:57 ET  Reply   Trace   Private Reply  


#3. To: robin (#2)

I can think of better things to investigate regarding 9/11.

I know.. I thought it interesting that victims waived the right to sue if they took 9/11 funds.

Zipporah  posted on  2006-01-18   19:41:44 ET  Reply   Trace   Private Reply  


#4. To: Zipporah (#0)

The disappointed families are now considering funding a private investigation into the faulty radios in an effort to focus national attention on the issue

"Considering funding" is as far as that'll get, now that there's no chance of monetary compensation.


I've already said too much.

MUDDOG  posted on  2006-01-18   19:46:33 ET  Reply   Trace   Private Reply  


#5. To: Zipporah (#0)

The average award made to families by the September 11th Victim Compensation Fund was a tax-free $2.1 million. Recipients were required to waive their right to file civil lawsuits relating to the tragedy.

I remember this being the case. That was the stipulation and some families did not take the lump sum payout due to the fact that they would sign away their rights to sue later.

2.1 million taxfree is a hellofalot more than they would have gotton from a lawsuit after the lawyers got done with it. I do agree though, there is far more to investigate than the radios not working.

Bush: Worst. President. EVER.

justlurking  posted on  2006-01-18   22:49:09 ET  Reply   Trace   Private Reply  


#6. To: Zipporah (#0)

One person in particular that should be investigated and indicted, is Jamie Gorelick. Start there, and watch the dominoes fall.

What's that Mr. Nipples? You want me to ask the nice lady about her rack?.

TommyTheMadArtist  posted on  2006-01-18   22:51:56 ET  Reply   Trace   Private Reply  


#7. To: TommyTheMadArtist (#6)

is Jamie Gorelick. St

She is like the thug that is always just around the corner from a mob hit, and never knows anything, just happened to be in the neighborhood.

"Our country is now geared to an arms economy bred in an artificially-induced psychosis of war hysteria and an incessant propaganda of fear." -- General Douglas MacArthur

tom007  posted on  2006-01-18   23:46:36 ET  Reply   Trace   Private Reply  


#8. To: Zipporah (#0)

  This is one of the reasons why more 911 families have not pushed forward with other charges. Once you take the blood and bribe money, you become one of their puppets.

  Mark

Kamala  posted on  2006-01-19   5:52:06 ET  Reply   Trace   Private Reply  


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