


To follow you will find news regarding the latest suit(s) of National and/or
Regional importance filed by, or initiatives commenced by, the Pascazi Law
Offices:
July 7, 2008: Pascazi Law Offices publishes a "white
paper" on Tort Liability concerning Dioxin found in
commonly used Wood Preservatives.
For a copy of: Toxic Tort Liability Dioxin in Wood
Preservatives; click here. (Word Format)
May 2, 2008: Update to News Release Below- Oral
Arguments were held on September 24, 2007 before the
U.S. Court of Appeals on the Pascazi v. Angello case. By
year end 2007, the Appeals Court affirmed the court
below, however, on different legal grounds. All is not
lost however. The Telecom Act preemption claim will
now have to be heard in State Court. Pascazi will
vigorously argue the preemption claim before the New
York State Courts. Stay tuned.
NEWS Release
Former Telco C.E.O. Invokes Federal Telecom Act to
Challenge Enforcement of New York State Prevailing
Wage Law.
For Release: January 3, 2007 - 9:30am ET
Michael S. Pascazi, Attorney & Counselor-at-Law, acting Pro Se, has
brought an appeal before the United States Court of Appeals for the Second
Circuit (Pascazi v. Angello, Docket No.: 06-cv-5108) seeking to reverse a
decision of the U.S. District Court (S.D.N.Y. Docket No.: 04-cv-8896) wherein,
the District Court abstained from exercising jurisdiction over a challenge to
the New York State Prevailing Wage Law.
Pascazi is the former C.E.O. of a New York based fiber optic
telecommunications company. Pascazi alleges that the Telecom Act of
1996 (codified at 42 U.S.C. § 253) preempts the Wage Law (codified at N.Y.
Labor Law § 220 et seq.), because the Wage Law prohibits, or has the
effect of prohibiting, entities from providing interstate or intrastate
telecommunications service. The Wage Law, for example, requires that
electricians in New York City, who perform telecommunications related
work, on public works projects, be paid wages and supplements totaling,
approximately $80.00 per hour, among many other burdensome and costly
requirements.
In Pascazi’s view “preemption was commanded by Congress in large part
to foster a single national telecommunications policy, as opposed to a
patchwork of state and local regulation.” Preemption, which derives from
the Supremacy Clause of the U.S. Constitution, is a legal doctrine, whereby,
federal law supercedes state law.
Further, Pascazi argues “the Telecom Act grants to the Federal
Communications Commission the exclusive jurisdiction to determine which
state regulations are preempted and which are not. Congress has also
commanded that the FCC was to exercise its power after notice and an
opportunity for public comment."
Pascazi believes that this case is a case of first impression, and of national
importance. According to Pascazi “there are about 33 states and 100 cities
and counties that have similar Wage Laws.” Pascazi further opines ”if a
Telco provider must turn to state and local courts in defense of an alleged
wage law violation, then the goal of a national policy is dashed.”
Pascazi adds “The Telecom Act was the first major overhaul of
communications law in the United States in 62 years, and has resulted in
the Telecom revolution as we know it. Society has benefited greatly from
this landmark legislation.”
Pascazi is seeking Amicus Curiae (friend of the court) briefs from those
favoring preemption, and opposing prevailing wage laws. The Appellant
Brief is due February 1, 2007. Oral Argument is scheduled for the spring.
For a copy of the various pleadings in the action before the U.S. District
Court click here. (PDF format)
NEWS Release
For Release: February 17, 2006 - 9:15am ET.
Verizon Communications, Inc. Sued in $20 Billion Class-
Action for Alleged Collaboration with Illegal Domestic
Wiretapping Program by Pascazi Law Offices.
For a copy of the full News Release click here. (PDF format)
For a copy of the Class-Action Complaint filed in U.S. District Court for the
Southern District of New York click here. (PDF format)
For a copy of Frequently Asked Questions and Answers relating to the
Verizon Class Action Suit click here. (PDF format)
If you believe that you have been a victim of the Government's illegal
wiretapping, from 2001 until the present day, and have proof of same; we
would like to hear from you. Also, if you are a current or former Verizon
employee or contractor having information about the alleged wiretapping,
we would like to hear from you. Please Email to: info@pascazilaw.com.
We would also like to communicate with Romanian and Dutch Holocaust
Survivors or Heirs of Victims, both U.S. residents in the New York Metro
area and foreign residents. Please Email to: info@pascazilaw.com.
Should you have any questions or concerns about your legal rights and/or
obligations in any of the fields of interest indicated above, do not hesitate to
contact Attorney Pascazi to schedule a confidential consultation.
1065 Main Street, Suite D, Fishkill, NY 12524 U.S.A.
Phones: New York- +1 845.897.4219 London- +44 0121.288.7535
Fax: U.S.A.- +1 877.844.4120*
Email: info@pascazilaw.com
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