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Subject:
From:
"Elizabeth N. Baldwin" <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Thu, 10 Jan 2002 20:07:43 -0500
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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?


Elizabeth N. Baldwin                    Baldwin & Friedman, P.A.
Phone: 954-966-7110                     Office: 305-944-9100  x233
Fax: 954-966-9796                       Office fax: 305-940-8544

Breastfeeding and the Law:  http://www.lalecheleague.org/LawMain.html
Website: http://www.compromisesolutions.com


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