This is a case that has been brought to the California Women's Law Center
(they successfully sued Borders Books a couple years back here in California
and are working with me on the breastfeeding in public case that was written
up in the San Gabriel Valley Tribune recently). As California attorneys,
not licensed in Nevada, we need local counsel in Nevada who could assist on
this case and make filings if necessary.
I posted looking for a Nevada attorney here with the hope that someone would
know an attorney in Nevada who might be as passionate about breastfeeding
and the law as you and I are, Liz. Even someone passionate about women's
rights in general would work. I am not getting paid for any of the
breastfeeding cases I am working on here - they are all pro bono. And, we
would like to find a Nevada attorney who can act as local counsel to the
extent necessary in this case, also pro bono. Again, I posted here hoping
to find someone who cares about the issues.
I'd love to hear more about the technicality that the phys. therapist mother
lost on - it sounds as if someone wasn't doing their job. That sounds awful
and I can't imagine it happening to a mom represented by the California
Women's Law Center or a firm like mine. But, please let me know if you have
more information so that I can ensure that doesn't happen again.
This mom wants to sue, like the two moms I am working with here in
California (one breastfeeding in public, one pumping at work), because she
doesn't want this to happen to another mother ever again. Her interest is
not money. I have not spoken with the casino myself, but I am sure we will
begin with a letter to them advising them of the law and making our demand.
Of course a settlement would be better than a lawsuit, but they aren't going
to settle if the threat of a lawsuit is not real. At the time this happened
to the mom she did not have the benefit of knowing the law and she has
returned to California now.
Alexis
Alexis Martin Neely, Esq.
Munger, Tolles & Olson LLP
Los Angeles, CA
http://www.mto.com
213-683-9220
>Date: Thu, 10 Jan 2002 20:07:43 -0500
>From: "Elizabeth N. Baldwin" <[log in to unmask]>
>Subject: Nevada incident - breastfeeding in public
>
>In response to the post asking for an atty in Nevada to help the mother who
>was asked to stop breastfeeding - generally, you would be looking for a
>civil attorney that would be willing to take the case! Lets get real here,
>there are usually not enough damages for an attorney to be able to earn his
>fee through a contingency. Most attorneys want to be paid their hourly rate
>for suing on this type of case, and most mothers don't want to spend a
>small fortune on it. Even if they take it on a contingency, there are other
>risks. Winning cases can be lost on technicalities. While the mother may
>not owe any fees if she loses, she can still owe costs. (example - Donna
>Cok, Washington physical therapist fired for wanting to nurse on her breaks
>- great case - litigated for three years - lost on a technicality and then
>owed over $20,000 in costs to the other side...)
>
>I usually encourage mothers to work out the situation if they can, and to
>help other mothers by getting them to retract their position, and implement
>some sort of breastfeeding policies for other people that come in.
>
>What happened in this case, and why does the mother want to sue? Did they
>refuse to retract their position? What about Nevada's law? Are they
>ignoring it?
>
_________________________________________________________________
Join the world’s largest e-mail service with MSN Hotmail.
http://www.hotmail.com
***********************************************
The LACTNET mailing list is powered by L-Soft's renowned
LISTSERV(R) list management software together with L-Soft's LSMTP(TM)
mailer for lightning fast mail delivery. For more information, go to:
http://www.lsoft.com/LISTSERV-powered.html
|
