Re: Moldy Logic NAA Amicus 2009 & Blog 2010
Posted by Sharon on 5/20/10
Maybe their bloggers have seen the light, but their "legal"
representatives appear to continue to be operating with the
dimmer switch on.
One can't KNOWINGLY leave a legal document in place, submitted
on behalf of the NAA, that professes all claims of illness and
death from the toxic components of mold are scientifically
proven to be a result of "trial lawyers, media, and Junk
Science" to mislead the courts that this is a scientific a
reason they should deny insurer liability for the deaths of two
infants...and then simultaneously put out an NAA public blog to
the members that says mold causes death.
I think the rule is, once an attorney realizes he has mislead
the courts, even innocently, he has the duty as an officer of
the courts, to inform the courts and to request they set aside
any improvidently entererd orders they may have made, based on
the misleading. (I am pretty sure this duty as a licensed
officer of the courts applies doubly when the courts have yet
to make their ruling based on the now irrefutable known
Email sent yesterday to NAA Amicus Brief submitting attorney:
In a message dated 5/19/2010 5:36:08 P.M. Pacific Daylight
Time, SNK1955@aol.com writes:
Dear Mr. Clark,
I think you should withdrawal that NAA Amicus from the Abad
Case. It is counter-productive to the interests of the
Property Mgmt Company and their Insurer.
If they win the appeal, they do not win when licensed attorneys
submit documents into legal proceeding while promoting false
science according to the NAA (see below) for the purpose of
unduly influencing judicial rulings.
National Apartment Association
Mold: Your Silent Enemy
"The mold that we deal with in our industry can pose
potentially harmful effects to residents, employees and to your
company’s bottom line."
"Remember, mold can cause major health problems and even death.
Don’t let it get out of control and affect your company or your
National Apartment Association Amicus,
aka legal document in a litigation involving infant mortality
and soon to be decided by the Arizona courts as submitted by
Scott Clark, Esq:
“In a report entitled, ‘A Scientific View of the Health Effects
of Mold’, a panel of scientists, including toxicologists and
industrial hygienists stated that years of intense study have
failed to produce any causal connection between exposure to
indoor mold and adverse health effects.’ U.S. Chamber of
Commerce, A Scientific View of the Health Effects of Mold
I bet Traveler's (who has a $25M insurance policy in the Abad
Case and MILLIONS in attorney fees, etc,) is probably thinking
of the Friendly NAA attorneys (who interjected their wise words
as a legal document to "help" the courts understand the science
of mold on Travelers' "behalf" - which directly conflict with
the wise words NAA uses with their members and puts out
publicly on the Net),
"With friends like this, who needs enemies?"
Personally, I think the NAA Abad Case Amicus could be described
as "catchy". I have very much enjoyed reading it.
On 5/20/10, Deborah wrote:
> They have seen the light...with much prodding, of course.
> On 5/19/10, Sharon Kramer wrote:
>> August 31, 2009 NAA Amicus Curiae Brief submitted into a
>> litigation as a purportedly substantive scientific
>> reference for the courts to consider when denying insurer
>> and NAA member responsibility for causation of new born
>> infant deaths from mold:
>> “In a report entitled, ‘A Scientific View of the Health
>> Effects of Mold’, a panel of scientists, including
>> toxicologists and industrial hygienists stated that years
>> of intense study have failed to produce any causal
>> connection between exposure to indoor mold and adverse
>> health effects.’ U.S. Chamber of Commerce, A Scientific
>> View of the Health Effects of Mold (2003)”
>> May 19, 2010 NAA Website:
>> Mold: Your Silent Enemy -Blog
>> "The mold that we deal with in our industry can pose
>> potentially harmful effects to residents, employees and to
>> your company’s bottom line"
>> (Gee, wonder what else could cause problems with a
>> company's bottom line....in a legal proceeding?)
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