Christmas Law Firm, LLC - March/April 2020

The Freedom of Information Act, commonly referred to as FOIA, has been a crucial part of the democratic system for decades. It was designed to improve public access to governmental records, but unfortunately, it doesn’t always work as intended. In most cases, requests are only answered if a lawsuit is filed. Nevertheless, FOIA has had a crucial role in many high-profile legal cases. Here are a couple of the most significant ones in American history. A Journalist’s 16 Years in Court California-based journalist Seth Rosenfeld has had some serious contention with the FBI. In 1985, he filed his first lawsuit against the FBI for ignoring his requests for information about the Berkeley protests of the 1960s. The case was eventually settled in 1996, and Rosenfeld was awarded $560,000 in fees. In their settlement agreement, the FBI agreed to be more thorough with FOIA requests. Rosenfeld filed a second lawsuit in 2007 accusing the FBI of withholding information during former President Ronald Reagan’s presidency. Five years later, he was awarded $479,459 in attorney

fees. Rosenfeld is known for having some of the longest-pending FOIA requests and has received over 300,000 pages of FBI documents since the 1980s. The SCOMM Scandal In a landmark FOIA settlement concluded in 2013, the federal government paid $1.2 million to settle a suit brought by several civil rights groups over the Secure Communities (SCOMM) Immigration and Customs Enforcement program. The litigation exposed a plan to create a multi- agency database focused on collecting DNA, a person’s gait, and iris scans. When evidence was uncovered during the litigation, governors of New York, Illinois, and Massachusetts tried to opt their states out of the program, but the Department of Homeland Security determined SCOMM mandatory, according to the Center for Constitutional Rights. The case also changed how the government is required to identify, collect, and produce data for all FOIA requests. Thanks to FOIA and these important cases, the people’s right to government information (and honesty) will continue to progress in America’s democracy.

FOIA LAWSUITS THAT CHANGED HOW AMERICANS PARTICIPATE IN DEMOCRACY D igging for the T ruth

J ustice I s S erved ! CHRISTMAS INJURY LAWYERS WINS $399,000 FOR INJURED LONGSHOREMAN The work that longshoremen and harbor workers do here in South Carolina is often incredibly dangerous, and under their working conditions, mistakes and twists of fate can lead to serious injuries. When a worker on or near the docks is injured on the job, not only is it painful, but it can also be devastating to them and their families. This was exactly the experience of one of our recent clients, a longshoreman who was injured while working as a warehouse manager. When exiting a forklift at work, our client fell painfully onto a concrete floor. He ended up injuring both the cervical and lumbar regions of his spine. Even after surgery, he continued to struggle with repercussions from the accident, including an altered gait, a hoarse voice, and dysphagia (difficulty swallowing). These long- term effects seriously impacted his life to the point that he turned to us for help.

benefits if they’re injured working on or near docks along navigable waters. The LHWCA here locally requires the employer to provide the injured worker with medical care and treatment, biweekly disability benefit checks for all periods of time they were taken out of work by an approved physician, and payment for any permanent total or partial wage loss or scheduled member disability. But even with those stipulations, insurance companies work hard to minimize the medical and monetary benefits paid out in every case. That’s where a good lawyer comes in. Luckily for our client, our team of experienced injury lawyers had his back. In the end, we settled his case for $399,000 — enough money to help him continue his recovery without stress and get his life back on track. We love seeing that kind of justice served! If you or someone you know has been injured working the docks, we can help. Call 843-535-8000 to schedule a consultation today.

Under the Longshore and Harbor Workers’ Compensation Act (LHWCA), workers like our client are owed medical and monetary

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