Why Did Fealgood Foundation Invite Worby Groner Edelman Napoli Bern to Speak at Zadroga Lawyer Forum?

Posted on March 30, 2011 by Troy Rosasco

In a bizarre twist, the non-profit FealGood Foundation recently invited the much criticized "9/11 victim" law firm, Worby Groner & Edelman and Napoli Bern , LLP   to speak at their  Zadroga Act Claim  legal forum on 3/20/2011. "Something" must have caused these former adversaries  to kiss and make up!  

The NY Daily News has previously stated that the Worby Napoli lawyers exploited John Feal's name.    This is what John Feal said just last year about Napoli Bern:

Dear Friends, Supporters and Fellow First Responders,

Today I have been forwarded a disturbing and ethically questionable email from the law firm of Worby, Groner, Napoli & Bern, LLP. First, "Napoli Bern" does not, and has never,  represented  me in any legal action. Unfortunately, the email does not make this clear and may mislead readers.

Second, I am not and have never been, a litigant in the 9/11 "class action" lawsuit involving Napoli Bern. I have maintained an individual lawsuit for many years. Any legal actions taken by me and my private attorney have no reflection on the "class action" suit and any attempts to draw such a conclusion are unwarranted and, in regards to Napoli Bern, unauthorized. Why Napoli Bern has chosen a non-litigant to this suit as an example of the actions you should take in settling your suit is questionable to say the least. I urge you to discuss your individual cases with your attorney and make your own independent decisions moving forward. Please do not look to the steps taken by my attorney as indicating what the best legal action is in your case.

I am saddened and upset that a law firm that is entrusted with the legal care of over 9,000 First Responders would choose to release the personal information of another, non-client responder and use such information to pressure litigants into settling their own cases. I will be addressing this matter with appropriate authorities immediately.

It is my sincere hope that you make your legal decisions based on your own independent factors and I wish you well in your decision making.

God bless you and God bless America
 
 
"Any Nation that does not honor its heroes will not long endure"
                                                            Abraham Lincoln
 
Peace & Love
John Feal
Founder & President

The invitation to the "legal forum"  was not rescinded by the FealGood Foundation despite federal court Judge Alvin Hellerstein the prior week giving the Napoli Bern firm a severe "dressing down" on how it has represented certain 9/11 victims.  Judge Hellerstein stated:

"Having thus been in conflict for months, and having done nothing about it, Napoli Bern failed to give these 59 Plaintiffs the proper representation to which they were entitled.

Instead, Napoli Bern favored the needs of the thousands of other clients whom it also represented. That this happened is hardly surprising, especially when one considers the possibility that Napoli Bern had financial motivations for preferring its thousands of settling clients."

Then just yesterday, Worby Napoli got caught up in the "fake 9/11 fireman ad" controversy reported in the New York Post.  I wonder now how happy the Fealgood Foundation is that they are implicitly recommending this law firm to 9/11 responders and victims for representation? 

What could have prompted the non-profit FealGood Foundation, in need of funds, to do a 180 degree turn around from it's previous denunciation of the Napoli Bern law firm? Hmmm...

As I have said before, John Feal is a hero.  He is tarnishing his own reputation, and all those who work so tirelessly for the FealGood Foundation, by being involved in this lawyer circus. By recommending that 9/11 victims first go through a lawyer on the Fealgood Foundation Board of Directors, the more questionable the process becomes.

John Feal should follow the advice he previously gave in the letter to his Friends above : "It is my sincere hope that you make your legal decisions based on your own independent factors and I wish you well in your decision making."

The credibility of the entire FealGood Foundation is on the line now given their new association with the law firms of Worby Groner & Edelman and Napoli Bern. 9/11 victims and responders deserve better.

 

 

 

 

 

 

 

 

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NY Post on Zadroga Lawyers Worby Napoli "Ad Trick Insult"

Posted on March 28, 2011 by Troy Rosasco

 

Photo courtesy of the NY Post

Worby Groner & Edelman and Napoli Bern, LLP , the much criticized 9/11 "victim" law firm, was accused of major conflicts of interest by federal judge Alvin Hellerstein recently regarding it's representation 59 separate 9/11 victims. Said Judge Alvin Hellerstein:

"Having thus been in conflict for months, and having done nothing about it, Napoli Bern failed to give these 59 Plaintiffs the proper representation to which they were entitled.

Instead, Napoli Bern favored the needs of the thousands of other clients whom it also represented. That this happened is hardly surprising, especially when one considers the possibility that Napoli Bern had financial motivations for preferring its thousands of settling clients."

See Judge Hellerstein's full 3/11/2011 decision here regarding Napoli Bern's conflicts and conduct. 

On the heels of this legal embarrassment, the New York Post today exposed a hurtful Worby Napoli advertisement picturing a current NYC Firefighter who never was at Ground Zero, but whose picture was altered with special computer software to make it look like he was a first responder.  And believe it or not, the Worby Napoli firm issued a press release immediately defending the misleading ad!!  Have they no shame? Do they really care about 9/11 victims? Or are they stereo-typical lawyers just out for the money? 

In my opinion, Worby Napoli's pattern of conduct over the last few month's is nothing short of disgraceful.   How can any future Zadroga 9/11 claimant trust this law firm? There are many honorable Zadroga 9/11 lawyers representing 9/11 victims and first responders.  Unfortunately, the honorable attorneys are inevitably tarnished by the "900 pound gorilla in the room".  Sad.

When choosing a Zadroga Act lawyer, make sure you pick one with integrity.  At the end of the day, you must trust that your Zadroga lawyer is working for your best interests.

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"Blunder"? Worby Napoli Protest NY Post 9/11 Lawsuit Article

Posted on January 4, 2011 by Troy Rosasco

The New York Post called it an "incredible blunder".   The New York Daily News reported that 9/11 sick workers were scared to sign any "settlement papers" or risk losing out on Zadroga Act Victims' Compensation Fund benefits.   This is not the first time that  the Worby / Napoli Law firms have been accused of "scaring" 9/11 heroes.

Now the law firms of Worby Groner & Edelman and Napoli, Bern are are fighting back and protesting the NY Post article in a barrage of internet press releases saying "Don't Go to the NY Post for Legal Advice". The New York Post issued a new editorial yesterday on the signing of the Zadroga 9/11 Act  and responding in part to the Worby / Napoli complaints.  We agree that no sick 9/11 hero should be getting their legal advice from the New York Post.

At this time, if you have not already signed a release of your prior 9/11 civil action claims and returned it to your lawyer, you should seek out a competent second  legal opinion, independent of Worby, Groner & Edelman and Napoli, Bern, prior to signing any settlement papers on your prior 9/11 litigation.

The problem is that under the Zadroga 9/11 Act, anyone who has not "tendered" a release in a prior 9/11 civil action  prior to the date president Obama signed the law (this past Sunday, 1/2/2011), is not eligilble for a compensation award under the Zadroga 9/11 Act.

Under New York Civil Procedure law, the definition of "tender" is:

The term "tender," as used in the statute, is defined as meaning "either to personally deliver or to mail, by registered or certified mail, return receipt requested" (CPLR 5003-a [g]). See the link here to the case of : DJS Med. Supplies, Inc. v American Tr. Ins. Co., 2008 NY Slip Op 52456(U) (App. Term, 2d).

That's why, according to the Daily News, the Worby / Napoli firms were sending urgent letters to their clients to return settlement papers at the last minute.

This all could have been easily avoided by the Worby / Napoli lawyers.  It was reported  by the New York Law Journal on October 18th of last year that  Judge Hellerstein approved the Port  Authority portion of the settlement.   Why didn't Worby, Groner & Edelman and Napoli, Bern get the settlement papers out to their clients soon after the settlement, rather than wait to the last minute?  Now, eligibility for Zadroga 9/11 Act benefits rests solely in the hands of a Special Master yet to be named, or as a result of further litigation.

With all due respect to the Court Appointed Ethics Expert Roy Simon, who Worby / Napoli use to back up their position in the press releases, he is not an expert on civil procedure.  He has not in the press release said that anyone "tendering" settlement papers after enactment of the law will be eligible for Zadroga Health and Compensation benefits. And most importantly, he will not be the one who makes the decision on Zadroga 9/11 Act eligibility.

As I said last week, what a mess!

 

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