responding to a catastrophy legal issues encountered after 9/11 and the anthrax scares
Post on 01-Jan-2016
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RESPONDING TO A RESPONDING TO A CATASTROPHYCATASTROPHY
LEGAL ISSUES ENCOUNTERED LEGAL ISSUES ENCOUNTERED AFTER 9/11 AND THE ANTHRAX AFTER 9/11 AND THE ANTHRAX
SCARES SCARES
IntroductionIntroduction
A Description of Some Legal Issues A Description of Some Legal Issues Encountered After 9/11 and the Anthrax Encountered After 9/11 and the Anthrax ScaresScares Wilfredo Lopez—General Counsel for Health, Wilfredo Lopez—General Counsel for Health,
New York City Department of Health and Mental New York City Department of Health and Mental HygieneHygiene
Gabriel Taussig—Chief, Administrative Law Gabriel Taussig—Chief, Administrative Law Division, New York City Law DepartmentDivision, New York City Law Department
Richard McNelis—Associate General Counsel, Richard McNelis—Associate General Counsel, Bio-T Attorney, Florida Department of HealthBio-T Attorney, Florida Department of Health
Pending Litigation—WTC UnitPending Litigation—WTC Unit Air QualityAir Quality Worker/Volunteer ProtectionWorker/Volunteer Protection
9/119/11
A Displaced Law OfficeA Displaced Law Office Death CertificatesDeath Certificates Health and Building Safety Issues in the Health and Building Safety Issues in the
Area Surrounding Ground ZeroArea Surrounding Ground Zero Returning PropertyReturning Property
A Displaced Law Office – A Displaced Law Office – New York City Law Department New York City Law Department
One Block North of Ground ZeroOne Block North of Ground Zero 650 Lawyers Displaced650 Lawyers Displaced Communications Communications – IT, Mail, Telephone– IT, Mail, Telephone OOffices ffices – – 40 Locations40 Locations Access Access – – Files, Clients, CourtsFiles, Clients, Courts Declarations of EmergenciesDeclarations of Emergencies CounselingCounseling LitigatingLitigating
Death CertificatesDeath Certificates
Need Need – – Insurance, Inheritance, Other BenefitsInsurance, Inheritance, Other Benefits Lack of Biological Evidence of DeathLack of Biological Evidence of Death Role of Medical Examiner Role of Medical Examiner – Generally to – Generally to
Ascertain theAscertain the Manner and Cause of Death Manner and Cause of Death Authority to Declare Fact of Death Authority to Declare Fact of Death – Usually – Usually MD, MD,
CourtCourt Court Proceedings in Surrogate’s Court Court Proceedings in Surrogate’s Court – –
Mayoral DeterminationMayoral Determination Need For Case and Controversy Need For Case and Controversy –– ME vs. DOH ME vs. DOH
Death Certificates (cont.)Death Certificates (cont.)
Volunteer and Law Department LawyersVolunteer and Law Department Lawyers Assist Families and Friends to Gather Assist Families and Friends to Gather
InformationInformation Draft Affidavits to Support Applications for Draft Affidavits to Support Applications for
Court OrdersCourt Orders Law Department Review and Filing of Law Department Review and Filing of
ApplicationsApplications Some Rejections and Referrals for Fraud Some Rejections and Referrals for Fraud
Prosecutions Prosecutions
Death Certificates (cont.)Death Certificates (cont.) Burial Desk Relocated and Operational by 4pm Burial Desk Relocated and Operational by 4pm
on 9/11/01 to Process the Ongoing Need for on 9/11/01 to Process the Ongoing Need for Birth and Death CertificatesBirth and Death Certificates
First WTC Death Certificate Court Order Issued First WTC Death Certificate Court Order Issued on 10/09, and the First Court-ordered Death on 10/09, and the First Court-ordered Death Certificate Issued on 10/10Certificate Issued on 10/10
2749 WTC Deaths, 2746 in NYC, 399 Death 2749 WTC Deaths, 2746 in NYC, 399 Death Certificates Issued Without Court Orders, 2347 Certificates Issued Without Court Orders, 2347 Court Orders and Resulting Death CertificatesCourt Orders and Resulting Death Certificates
1186 of the 2347 Were Amended After 1186 of the 2347 Were Amended After Biological Evidence Was IdentifiedBiological Evidence Was Identified
1161 Remain as Court-ordered Death 1161 Remain as Court-ordered Death Certificates With No Biological EvidenceCertificates With No Biological Evidence
None Have Been Rescinded Due to Fraud None Have Been Rescinded Due to Fraud
The Surrounding Area—Health The Surrounding Area—Health and Safetyand Safety
Structural IntegrityStructural Integrity Falling DebrisFalling Debris Accumulated DebrisAccumulated Debris Access Issues Access Issues – – Buildings, Frozen ZoneBuildings, Frozen Zone Who Does the Work?Who Does the Work? Emergency ProcurementEmergency Procurement
Sidewalk Sheds, Roof Cleanups, Building StructuresSidewalk Sheds, Roof Cleanups, Building Structures Confiscating PerishablesConfiscating Perishables
Returning PropertyReturning Property
VehiclesVehicles InsuranceInsurance CleaningCleaning City VehiclesCity Vehicles
Victims’ and Survivors’ Personal PropertyVictims’ and Survivors’ Personal Property
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