We have just launched a Facebook page for clients and friends of Borofsky, Amodeo-Vickery & Bandazian, P.A.  With this page, our goal is to keep clients and friends up-to-date concerning legal developments that could affect them, as well as current events going on at the firm. 

Our Facebook page can be found at: https://www.facebook.com/pages/Borofsky-Amodeo-Vickery-Bandazian-PA/135435586520122.  When you have a moment, we invite you to go to our page and click on the "Like" button.  We look forward to keeping in touch with you via this new platform.

Attorney Andrea Amodeo-Vickery will be attending the National College for DUI Defense's 2011 Summer Session in Cambridge, Massachusetts.  The Summer Session is a specialized training program conducted by the NCDD for its members.  Recognized by the American Bar Association, the NCDD is an elite group of lawyers dedicated to protecting the constitutional rights of those accused of driving under the influence of alcohol or drugs.

On February 17, 2011, the U.S. House of Representatives passed its Continuing Resolution, which includes measures that could prevent Social Security claimants and veterans from pursuing their claims in federal court by temporarily suspending the payment of Equal Access to Justice (EAJA) fees. 

Amendment 195 states, "None of the funds made available by this Act may be used for the payment of fees and other expenses under section 504 of title 5, United States Code, or section 2412(d) of title 28, United States Code."

Although the amendment's sponsor (Rep. Cynthia M. Lummis, R-WY) suggests that the payments are only being frozen for the remainder of 2011, the concern is that this is merely the first in a series of steps toward a more permanent prohibition or a move to significantly scale back the EAJA.

Any prohibition of payment of EAJA fee awards could make it impossible for Social Security claimants and veterans to find lawyers willing to take their cases in to federal courts.

We urge everyone to take this case to their Senators, who will be considering the Continuing Resolution beginning the week of February 28, 2011, as well as to your Representatives, who will be negotiating with the Senate for ultimate passage of the Continuing Resolution. 

A recent U.S. Supreme Court ruling could effectively kill class action lawsuits by consumers.  The decision in AT&T Mobility v. Concepcion allows companies selling products or services to force consumers to arbitrate their claims individually instead of joining a class action.  Mandatory arbitration clauses are now routine when consumers buy products or services.  Customers aren't given a choice.  Most of the time, they aren't even aware there is an arbitration clause.  Class actions made it possible for consumers with claims that didn't involve a lot of money to join a class action to get help in court.  Fighting consumer claims individually usually isn't worth the time and cost, and class actions also informed other consumers of dangers, misconduct or illegal practices.  The decision is a huge victory for companies at the expense of consumers.  Congress must be urged to pass legislation to correct this Supreme Court decision.  More information can be found at: http://classactionlawsuitsinthenews.com/class-action-law/att-mobility-llc-v-concepcion-supreme-court-decides-the-fate-of-class-action-lawsuits/

The New Hampshire Legislature is considering passage of a bill held over from last year that will award claimants their attorneys fees and costs if a workers' compensation carrier refuses to pay a medical bill and then, after a hearing is scheduled, agrees to pay the bill fewer than 7 days before the hearing.  Although the original bill has been weakened by the Legislature and still puts deserving claimants through the frustrating, worrisome and sometimes costly process of preparing for a hearing on medical bills that clearly should be paid, HB 216 is a vast improvement over the current situation.

Please take the time to contact your NH State Representatives, http://www.gencourt.state.nh.us/house/members/wml.aspx, and ask for their "yes" vote on HB 216.

In April 2009, Attorney Christopher Bandazian was elected Chairman of the New Hampshire Bar Association Workers’ Compensation Section.  The Workers’ Compensation Section meets quarterly to update members on changes and recent developments in workers’ compensation law.  Attorney Bandazian previously served as Vice-Chairman.

The recently passed Federal stimulus legislation (the American Recovery and Reinvestment Act) provides for a one-time payment of $250 to adult recipients of SSDI and SSI benefits and some child recipients. The additional payment may issue as early as May 2009, ahead of the June 17, 2009 deadline. The payment will be made either by check or by direct deposit, in the same manner as a beneficiary’s usual monthly payment. The payments will be made automatically, and recipients do not need to take any specific action to receive payment. If payment is not received by June 17, 2009, beneficiaries should contact their Social Security field office to follow-up.

This case involved a 21 year-old college student whose promising career as a concert pianist was cut short by multiple injuries suffered from a rear-end collision in Somerville, Massachusetts. The automobile accident in which she was involved caused a chronic myofascial pain syndrome in the client's neck and right shoulder, and triggered a seizure disorder from the head injuries she sustained.

The client struggled valiantly to finish college and to continue with her career as a musician, but she could no longer meet the physical demands of the hours of practice required of a concert pianist. As a result of the collision, she suffered from lapses in concentration, disorientation, spells of losing time and "blacking out," and ultimately from tonic/chronic type seizures. The medications our client had to take for her seizure disorder further hampered her musical abilities, and posed an increased risk to her for giving birth to a normal child in the future.

On October 1, 2001 BAVB opened for business at our new Portsmouth location, 55 Congress Street, Suite B, in the heart of downtown Portsmouth. Previously located at 2204 Woodbury Avenue in Newington, our seacoast office’s new location already has proven to be more convenient and easily accessible for our clients in the area. Our local Portsmouth telephone and fax numbers remain the same after the move: Tel (603) 431-3500, Fax (603) 430-9920.