The Bothwell Letter
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JULY 22, 2009 Vol. XI / No. 2 | |

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 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.

Bar member: U.S. Supreme Court; U.S. courts of appeals for the District of Columbia Circuit and the Ninth Circuit; U.S. district courts for the Northern, Eastern, and Central districts of California; State Bar of California; American Bar Assn. (National Security Committee; former delegate, International Court of Justice); International Law Association (American Section); International Bar Association (Human Rights Institute).

Member: Sons of the American Revolution (National Society); Southern Poverty Law Center (Leadership Council); National Lawyers Guild (former chapter executive council member); U.S. Holocaust Memorial Museum (Circle of Life); Human Rights Conflict Prevention Centre, Bosnia and Herzegovina (Advisory Committee); Rotary International (Paul Harris Fellow); Rotary Club of Fisherman's Wharf, San Francisco (past president).

Qualified expert, lawyers' standard of care (Los Angeles County Superior Court).

Graduate: Georgetown Univ. School of Foreign Service, B.S.F.S., International Affairs; Boston Univ. School of Public Communication, M.S., Journalism; John F. Kennedy Univ. School of Law, J.D.; Golden Gate Univ. School of Law, LL.M. summa cum laude, International Legal Studies. Adjunct professor: John F. Kennedy Univ. schools of Law, Management, Liberal Arts, and Psychology. Listed in Who’s Who in the Law; Who's Who in America; and Who's Who in the World. Descendent of Capt. Jacob B. Dreibelbis, Berks County (Pa.) Militia, under command of General George Washington.

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