The Bothwell Letter
NEWS & COMMENT FROM LAW OFFICES OF A.P.X. BOTHWELL
350 BAY STREET, SUITE 100PMB314, SAN FRANCISCO, CA 94133-1998
TEL. (415) 370-9571
JULY 22, 2009 Vol. XI / No. 2 | www.apxbothwell.com | attorney@apxbothwell.com

Revolutionary roots are certified – see page 2

Ninth Circuit Court weighs pilots’ case
U.S.labor judge allows whistleblower claim
Bothwell endorses Garamendi for Congress

Ninth Circuit Court weighs pilots’ case
The Ninth Circuit U.S. Court of Appeals, in San Francisco o n June 9, heard Tony Bothwell argue for airline pilots who sued Federal Aviation Administration officials for enforcing an age-60 retirement rule that the officials knew had no medical or safety basis.  A U.S. Justice Department attorney, Edward Himmelfarb, argued that the law allows “no remedy” for the pilots, who claimed they were entitled to constitutionally-guaranteed equal protection of the laws.  Bothwell asked the court to allow the pilots to amend their complaint because recent U.S. Supreme Court decisions adopted a new standard requiring more detailed allegations in suits against federal officials.  Aviation Week reported that Bothwell said the age rule had been an “economic favor” for airline executives.  CNN quoted Bothwell’s statement that “older pilots have a safer record.”  Questioning by the three-judge panel appeared even-handed during the hearing, on http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000003596 as recorded by court TV.      

U.S. labor judge allows whistleblower claim
Federal law allows a nuclear whistleblower to claim damages for retaliation when fired as a contractor employee for a regulated nuclear technology firm, a U.S. Department of Labor administrative judge has ruled.  David Robinson, a leading nuclear safety expert, was removed from his position as a nuclear quality assurance manager for Invensys plc, a British-owned company doing business in Irvine, Calif. Robinson was discharged after reporting safety violations in work on control-room instruments to be installed in Florida and Nebraska nuclear power plants.  The labor judge’s ruling Apr. 17 denied a summary judgment motion filed by lawyers for Invensys.  Hearing is set for Oct. 19 to review a U.S. Occupational Safety & Health Administration decision that awarded monetary damages to Robinson, who is represented by the Bothwell law firm.  Meanwhile, the U.S. Nuclear Regulatory Commission sent a warning letter to Invensys after the company attempted to stop Robinson from reporting safety violations to the Commission. 

Bothwell endorses Garamendi for Congress
After an 11-week exploratory campaign, Tony Bothwell announced July 22 that he  decided to endorse Lt. Gov. John Garamendi for the open U.S. House seat in California’s 10th District.  “Certainly I was impressed by your presentations and our interaction in the candidate forums in Dublin and Walnut Creek in which we appeared side by side,” Bothwell said in a letter to Garamendi.  “I see in you some of the same inspiration that     I found in my work in Robert Kennedy’s Senate office long ago and in Barack Obama’s presidential campaign last year.”  In a news release announcing the endorsement, Bothwell said, “I’m very grateful to everyone who encouraged me to seek this office.   I’ll continue to work for peace and justice as an attorney and as a citizen.”  He urged voters to “rally around John’s candidacy” in the Sept. 1 primary election.  

Revolutionary roots are certified
The National Society, Sons of the American Revolution, has sent a notice that Tony Bothwell was registered on July 9 as a member of the patriots’ organization.  Its national registrar certified documents showing that Bothwell has a direct ancestor who fought in the American Revolution.  John Dreibelbis, seven generations ago, lived near Valley Forge and was a captain in the Berks County (Penn.) Militia.  The Sons of the American Revolution was founded July 4, 1876, in San Francisco.