Paul J.

Napoli Convinces Second Circuit to Reinstate Jimmy Nolan’s Law

New York, NY, June 08, 2018 --(PR.com)-- After the New York Court of Appeals answered two burning
questions, a federal appeals court reinstated Jimmy Nolan's Law. The move opens up the possibility for
an entire group of 9/11 injury victims to obtain relief in court.

“We worked hard to get Jimmy Nolan's law passed. So, it hurt when the court struck it down,” Paul J.
Napoli recalled. “But the Second Circuit got it right, so we are back on track. Now, we can fight for the
compensation and justice that second-wave 9/11 victims need and deserve.”

About Jimmy Nolan's Law

On 9/11, Jimmy Nolan was a carpenter working at NYU. He went to Ground Zero to help, and wound up
staying there day and night for three weeks. While there, he inhaled toxic fumes. Subsequently, it
developed into a serious respiratory disease. On top of his pain and suffering, he had high medical bills
that he could barely afford to pay.

Jimmy sought compensation from the Battery Park City Authority. But under the law, victims only have
90 days to file a claim with a state agency. That includes an Authority. By the time Jimmy's respiratory
symptoms appeared, that claim deadline had long passed.

So, Paul J. Napoli and others lobbied the State Legislature to pass S.B. 3325-B/A.B. 7122-C. This
measure extended the deadline to one year. "Despite the reasonableness of this request, the BPCA
immediately challenged Jimmy Nolan's Law as unconstitutional," Napoli said.

The problem was, according to Paul J. Napoli, that state agencies can only challenge a law's
constitutionality under very, very narrow circumstances. “It's like that old saying goes: Everyone wants to
go to the party but no one wants to stay and help clean up,” he explained. “In my opinion, the BPCA
desired all the legal protections that come with being an Authority but did not want any of the
responsibilities. That's not the way things work,” he added.

The Court Challenge

To resolve the matter, the Second Circuit certified a pair of questions to the New York Court of Appeals.
“In the law, certified questions are like those lifelines on Who Wants To Be A Millionaire,” Paul J.
Napoli said. “If the TV contestants didn't know the answers, they could call experts and ask them. The
Second Circuit asked an expert.”

Both the answers came back in favor of 9/11 victims. First, according to the Court of Appeals, “a public
benefit corporation is treated like any other state entity and is subject to the general rule that state entities
lack capacity to challenge the constitutionality of a state statute, with only a few narrow exceptions.”
Second, “a claim-revival statute will satisfy the Due Process Clause of the State Constitution if it was
enacted as a reasonable response in order to remedy an injustice.”

"Translation: The BPCA had no basis for its suit, and even if it had a basis, its claims had no merits.

Page 1/3
PR.com Press Release Distribution Terms of Use
While the law did only benefit a certain class of New Yorkers, the change was necessary to correct an
injustice in the law. Victims should never be shut out of court on a technicality,” Paul J. Napoli said.

What Happens Next?

First responder trauma injury claims may have only been the tip of the iceberg in this matter. The Twin
Towers contained about 400 tons of asbestos. Things could have been much, much worse. The Port
Authority wanted to use 5,000 tons of asbestos. That toxic smoke that blanketed much of Manhattan
contained not only asbestos but lots of heavy metals like lead and mercury. All these substances have
been linked to serious respiratory diseases as well as several kinds of cancer.

These victims may now have their claims decided on the merits as opposed to the days on a calendar. “A
day in court is all we ever wanted,” Paul J. Napoli concluded. “Once our story is known, we're confident
that fair compensation will follow.”

About Napoli Shkolnik, PLLC:

Napoli Law is a New York, New York-based law firm representing personal injury victims from eight
states. Our attorneys focus exclusively on negligence law, especially defamation, environmental torts, and
other serious injury cases. We do not charge any upfront legal fees to our clients, and after-hours
appointments are always available. Learn more at https://www.napolilaw.com/.

Paul J. Napoli, Of Counsel

Napoli Shkolnik PLLC
(844) 230-7676
press@napolilaw.com

Page 2/3
PR.com Press Release Distribution Terms of Use
Contact Information:
Napoli Shkolnik PLLC
Paul J. Napoli
(844) 230-7676
Contact via Email
https://www.napolilaw.com

Online Version of Press Release:

You can read the online version of this press release at: https://www.pr.com/press-release/756033

News Image:

Page 3/3
PR.com Press Release Distribution Terms of Use