Plan for faster approvals Aug 19, 2008
The tribunal found a "reasonably foreseeable risk" of inundation, which it deemed unacceptable. Granny flats could be considered. (Sydney Morning Herald -- Australia)
Climate change used to block development Aug 6, 2008
"In the present case we consider increases in the severity of storm events, coupled with rising sea levels, create a reasonably foreseeable risk of inundation of the subject land and the proposed dwellings, which is unacceptable," they said. In their judgment, they stressed they did not adopt predictions of a 0. (Melbourne Herald Sun)
Court of Appeals rejects former Starkville cheerleader’s claims of district liability Jun 20, 2008
And again this court has sanctioned the perfunctory actions of a school district in protecting or not protecting a child from a foreseeable risk of harm. Reader Comments. (Columbus Commercial Dispatch, MS)
Appeals Court Rules Against Burlington Student May 30, 2008
The three-judge panel stopped short of declaring how far schools can go in regulating offensive Internet speech made off campus, but stated that the school did not violate the Constitution in disciplining Doninger because her blog post "created a foreseeable risk of substantial disruption" at the school. Thursday's ruling addressed a request by Doninger's attorney for an injunction to allow Doninger to serve as class secretary, which she was barred from doing because of the blog post. (FOX61, CT)
Kauai over a barrel May 25, 2008
Great advantage exists in being prepared for this foreseeable risk. However, the first step is in identifying the problem and facing it squarely and facing it together. (Lihue Garden Island, HA)
Alleged Hijacker's Items Not Banned Jan 26, 2008
Charles Slepian, an airline security consultant with the Foreseeable Risk Analysis Center in New York, said security screeners could have held the suspect if they felt if he or the contents of his baggage were suspicious. "If they had some reason to believe he's a threat, he shouldn't be on the plane in the first place," Slepian said. (Time.com)
Privacy, Free Speech and Anonymity on the Internet Jan 11, 2008
But when it comes to criminal law, people are culpable only when they caused the suicide and had a culpable mental state (were aware that their actions would carry a foreseeable risk that they would cause Megan to kill herself). These things are hard to prove. (Washington Post -- Technology)
Top U.S. court is divided over lethal injection Jan 8, 2008
The justices appeared resistant to the core of his argument, which was that systemic flaws in the procedure meant that there could be no such guarantee, and that Kentucky's refusal to take reasonable steps to avoid the foreseeable risk of severe pain made its use of the three-drug procedure unconstitutional. The second drug, pancuronium bromide, paralyzes the muscles with suffocating effect, while the third, potassium chloride, causes searing pain as it stops the heart and brings about death. (International Herald Tribune)
Airport terror warning sparks mixed messages Jul 26, 2007
The founder of Foreseeable Risk Analysis Center says the Transportation Security Administration doesn't get the seriousness of the message. Slepian says some equipment that is relied upon can't distinguish between a block of explosives and certain cheeses and chocolate bars. (FOX23 News, NY)
American Air Jet's Diversion Shows Rising Vigilance Amid `Orange' Alert Jul 13, 2007
Crews across the airline industry probably have in mind U.S. Homeland Security Secretary Michael Chertoff's July 10 comment that he has a ``gut feeling'' about an increased threat of attack in the next month and a half, said Charles Slepian, chief executive officer of the Foreseeable Risk Analysis Center in New York. I think he was sending us a message, and he has information that maybe he just can't release yet,'' Slepian said yesterday, when President George W. Bush also described al-Qaeda as... (Bloomberg -- US)
2nd Circuit Upholds Student's Suspension for Instant-Messaging Violent Image Jul 6, 2007
Even if the sending of the message could be seen as an expression of opinion, the 2nd U.S. Circuit Court of Appeals said "it crosses the boundary of protected speech and constitutes student conduct that poses a reasonably foreseeable risk that the icon would come to the attention of school authorities" and disrupt the work of the school ... "We have recognized that off-campus conduct can create a foreseeable risk of substantial disruption within the school from some remote locale.". (Law.com)
Manatees Could Lose 'Endangered' Status Apr 10, 2007
Endangered means an animal is at a foreseeable risk of extinction. Threatened means a species could become endangered if protections are not maintained. (Newsmax)
Self- Service Made Safer Mar 24, 2007
By LYNNE TUOHY, Courant Staff Writer. What began as a nasty lunchtime fall at a Stop salad bar has evolved into a dramatic change in liability law for Connecticut businesses that invite customers to help themselves. (FOX61, CT)
American Crocodile Leaves Endangered List Mar 21, 2007
Endangered status means an animal is at a foreseeable risk of extinction. Threatened status means a species could become endangered in the future if protections are not maintained. (Click2Houston, TX)
Lewis sues Lowe’s Mar 7, 2007
The store also was at fault, the lawsuit states, for allowing a foreign and dangerous substance to remain in the air of the store, creating an unreasonable and foreseeable risk and hazard of injury to plaintiff (Lewis). Since the incident, Lewis has suffered pain, disability, medical expenses and impairment of earning capacity and will continue to suffer such losses in the future. (New Iberia, LA)
At home and anxious Feb 17, 2007
Even Singleman admits that watching his wife jump from a mountain can sometimes put him on edge despite the fact he knows both of them have covered every contingency and foreseeable risk. "I do get scared when I watch Heather jump but another part of me knows she knows what she is doing," he says. (Sydney Morning Herald -- Australia)
Nursing, Praying or Kissing? Good Luck Flying This Holiday Season Nov 22, 2006
"As a potential act of terrorism, it's being a little oversensitive," says Charles Slepian, an aviation security expert at the Foreseeable Risk Analysis Center. "After all, the mile-high club has been around for at least 50 years. But flight crews are sensitive that some passengers get upset when others get cozy, and that could erupt into an altercation.". (ABC News)
School liable for student's accident Oct 24, 2006
"In this instance the skylarking and/or misbehaviour of the students was a foreseeable risk, the avoidance of which was a duty imposed upon the college," he said. "This is a case which discloses systemic shortcomings in the method of supervision by the college during times when students were accepted into its care. "Apart from the fact that no specified teacher was given duty relating to the supervision of the students, the students themselves were given nothing which would prevent boredom and... (The Australian)
British bomb suspects had Muslim plantat Heathrow to test security procedures Oct 21, 2006
Until now, only two of the nations 428 commercial airports screened ramp workers for weapons and bombs, according to Charles G. Slepian, a former TWA security analyst who now heads the Foreseeable Risk Analysis Center in New York. With the exception of ramp workers at the major Miami and Denver airports, "they don't go through any screening process," Slepian said. (WorldNetDaily)
Airports to screen workers Oct 12, 2006
Slepian, founder of the Foreseeable Risk Analysis Center, thinks airport personnel are the top threat to commercial aviation. "There is a criminal element who works in airports," he said. (Herald-Tribune)
Airport Security Screeners Disciplined For Leaving Posts Aug 26, 2006
"It's a dangerous and serious error and, to me, it's an indication of very sloppy management," said Charles Slepian, chief executive officer of the Foreseeable Risk Analysis Center in Tigard, Ore. Copyright 2006 by. (Click2Houston, TX)
Is OIA vulnerable? Aug 24, 2006
Charles Slepian, chief executive officer of the New York-based Foreseeable Risk Analysis Center, a firm that specializes in transportation security, said the Orlando TIP test results are not out of line with national assessments of airport security. In March, a Government Accountability Office report revealed that homemade bomb materials made it past TSA officers at 21 airports across the country. (Orlando Sentinel)
Mass. firms have develop technology to look for liquid threats Aug 17, 2006
Charles Slepian , founder of the Foreseeable Risk Analysis Center, a transportation security firm in New York, said that technology for detecting explosives in carry-on bags is well understood and readily available, but the US Department of Homeland Security is reluctant to spend the large sums needed to deploy it at hundreds of airports. Now they're embarrassed because they have to say that we have nothing in place," said Slepian. ``Shame on us. We've had the science for years.". (Boston Globe -- Business)
Air cargo also now big worry as al-Qaida dusts off old plans Aug 15, 2006
"Air cargo is not being inspected, and that is a big concern. It is an extremely vulnerable area," says Charles G. Slepian, a security analyst who worked for TWA and now heads the Foreseeable Risk Analysis Center in New York. "Yet TSA essentially says: We'll get to it when we get to it.". (WorldNetDaily)
Japan court orders black lung compensation Jul 13, 2006
The Kumamoto District Court acknowledged the claims by 196 plaintiffs that the government failed to take measures to prevent the damages despite the foreseeable risk associated with the tunneling, court spokesman Kenji Imasaka said. He refused to provide other details of the ruling. (Bakersfield Californian -- World)
Parole system imperfect, but better than most Jun 16, 2006
Even in hindsight, there was not a clear indication in the file that would make Boyd a high risk for parole, and certainly not a foreseeable risk to commit this type of crime. A recent letter writer to The Atlanta Journal-Constitution argued that the parole board would make better decisions if its members personally interviewed each offender. (Atlanta Journal-Constitution -- Opinion)
Florida Death Row inmate wins right to challenge lethal injection Jun 13, 2006
"He does not challenge his sentence as a general matter but seeks only to enjoin respondents from executing him in a manner that allegedly causes a foreseeable risk of gratuitous and unnecessary pain.". Doss said he likes his chances should it come down to the state trying to defend its lethal injection procedure in court. (Sun-Sentinel.com)
Excerpt from death penalty rulings Jun 13, 2006
-"The specific objection is that the anticipated protocol allegedly causes 'a foreseeable risk of ... gratuitous and unnecessary' pain.". -"Hill's action if successful would not necessarily prevent the state from executing him by lethal injection.". (Fresno Bee -- State)
Execution Method Challenges OK'd Jun 13, 2006
Hill's lawsuit maintains that Florida's procedure for administering these three drugs presents a "foreseeable risk of gratuitous and unnecessary pain.". Having been convicted in 1983 of killing a police officer, Hill had long since run through ordinary appeals by the time he filed his lawsuit in state court last December, with his execution set for Jan. 24. (The Ledger)
Alameda Sued In Doctor's Death May 10, 2006
ALAMEDA / Doctor's kin file claim in her death / They say city knew street was a risk without a barrier. Attari's death was preventable," Mann said. "While nothing can ever make up for the loss of Dr. Attari's life, we're hopeful this claim will prompt authorities to do the right thing and make sure nothing like this happens again. (San Francisco Chronicle -- Crime)
N.J. High Court: Companies Have Duty to Warn Workers' Spouses of Asbestos Dust May 3, 2006
Just as a company owes a duty to workers for the foreseeable risk of asbestos exposure, it has a duty to spouses "based on the foreseeable risk of exposure from asbestos borne home on contaminated clothing," Justice Jaynee LaVecchia wrote in Olivo v. Exxon Mobil, A-23-05. The 5-0 ruling runs counter to those by the highest courts in New York state and Georgia that found no such duty to inform spouses of potentially hazardous conditions. (Law.com)
Court: Employer Can Be Sued For Asbestos Death of Worker's Spouse Apr 25, 2006
"Exxon Mobil owed a duty to spouses handling the workers' unprotected work clothing based on the foreseeable risk of exposure from asbestos borne home on contaminated clothing," the court said. Eleanor Olivo died in 2001 from a rare form of cancer associated with prolonged exposure to. (Fox News)
Baseball player can't sue over pitch to the head, court rules Apr 11, 2006
The Supreme Court and lawmakers have historically sided against those participating in sports in which injury is a foreseeable risk. In dissent, Justice Joyce Kennard lambasted her colleagues. (AZCentral -- News)
Court: Baseball hitter can't recover beanball damages Apr 7, 2006
"' Jose Avila, of the Rio Hondo Roadrunners, was 19 when he was hit in the head by a pitch in a game against the Citrus Community College Owls in 2001. The pitch, which cracked his helmet, was thrown in retaliation after the Roadrunners pitcher hit an Owls batter. Avila now suffers from sporadic seizures, and sued the Citrus Community College District alleging, among other things, it was negligent for failing to control its pitcher. Citing a long line of cases, the justices reversed an appeals... (ESPN -- College Sports)
Case Proceeds Over 'Flying' T-Shirt Accident Mar 11, 2006
Citing Palsgraf v. Long Island Railroad Co., 248 NY 339 -- which also involved fireworks and took place on Long Island (Rail Road) -- Brennan found it is "axiomatic that inducing young adults to run helter-skelter within a crowded beach to catch thrown or catapulted free t-shirts, creates a foreseeable risk of harm to uninvolved, third-party beachgoers, such as the plaintiffs herein.". In a motion to dismiss, WBAB asserted a number of defenses. (Law.com)
Hill's appeal could affect death penalty Jan 26, 2006
He said there is "a foreseeable risk of the gratuitous and unnecessary infliction of pain.". The high court is expected to hear his case on April 26 to decide whether Hill can continue his case under civil rights law. (Orlando Sentinel)
Four of the Bali Nine lose court case against AFP Jan 23, 2006
"There would be no arguable basis at all," he said, "for any contention that AFP officers had a legal responsibility to warn any of the applicants either that they were under surveillance, or that they were exposing themselves to the foreseeable risk of the death penalty.". The judge went on: "Having been prepared for whatever reason to engage in criminal activity, the applicants - that is the four accused - would properly be regarded as the authors of their own harm.". (ABC Online)
