Author: MichaelEhline

A Comprehensive Guide to Landlord Mitigation of Damages in 2022

Written by MichaelEhline on January 10, 2025. Posted in Uncategorized.

The duty to mitigate applies even in the absence of any clause proclaiming the landlord can sleep on their rights and not mitigate. Whether or not a lease agreement has been signed between the landlord and tenant, disagreements arise from time to time, leaving either party seeking the best way to mitigate damages.

A landlord MUST Mitigate and Not Rely on Suing

Ultimate Guide to Mitigating Rent

This usually happens when the tenant breaks the terms of the lease by failing to pay rent or some other similar infringement. While the eviction process and subsequent search for a replacement tenant have always been complex for the landlord, it is made more complicated by situations such as the eviction moratoriums imposed during the recent Covid-19 pandemic.

Profitable Property

However, for the rental property to be profitable, it is the landlord’s duty to mitigate damages caused by the tenant’s breach of the lease. As such, they need to have a plan of action to know what to do after reasonable efforts have been made to recover rent money.

Michael Ehline and the experienced attorneys at Ehline Law Firm are here to help landlords in such situations. If you are having problems with tenants who withhold rent, refuse to leave after the lease expires, re-rent your property without approval, or break specific rules of the rental agreements, then give us a call at (833) – LETS SUE.

A Landlord’s Duty to Mitigate When the Tenant Breaks the Lease Agreement

In most jurisdictions, such as Alabama, California, Georgia, Florida, Maryland, Mississippi, Missouri, Massachusetts, Tennessee, South Dakota, and Washington, the duty to mitigate damages after retaking possession of rental premises generally falls on the landlord.

When a tenant moves out before their lease agreement is up, the court may rule that it is the landlord’s duty to mitigate damages, including making any repairs necessary to re-rent the property to a prospective tenant. Suppose for any reason, a landlord fails to mitigate damages in a situation where reasonable efforts could have been made to acquire a replacement tenant. In that case, the tenant cannot be asked to cover the outstanding rent stated on the lease based on the information provided.

Landlord Causes of Action: When Things Go Wrong

A wide range of disputes may arise between the landlord and the tenant that may land them in court trying to mitigate damages after lease agreements have been breached.

While this is not ideal for anyone, if reasonable efforts have been made to solve the issue without success, the only solution is to hire a lawyer and sue.

The following are some of the common lawsuits by landlords that we can assist you with:

Failure To Pay Rent

The most common cause of complaint among landlords is when a tenant fails to pay rent on time. In such cases, if it can be proved that reasonable efforts have been made to recover unpaid rent for the leased property, the landlord can approach the courts and request that the tenant is evicted.

Understand it is also the landlord’s right to withhold the security deposit where applicable, and seek monetary damages for unpaid rent, any accompanying late fees, and costs associated with the lawsuit language.

Breach of Lease

In cases where the tenant breaches the lease in any way, the landlord has the right to evict them after adequate notice has been given. If the landlord fails to prove a clear violation of the rental agreement, they cannot forcibly remove the tenant from the premises.

Reasonable diligence on the part of the landlord means they must give a 30-day notice for violation of the lease or a 14-day notice for a serious breach of the lease that poses clear and imminent harm to other occupants of the property.

If the tenant refuses to leave early within the stipulated notice period, the landlord can file a Complaint and Summons Against the Tenant in Breach of Lease. This will effectively put the matter into the hands of the court system and is a crucial step when mitigating damages.

Wrongful Detainer

Landlords that discover that a person has been living on their property without permission can file a lawsuit against the individual for eviction without notice and any money damages that the court rules to be reflective of what the reasonable rent of the property would have been. If the unlawful tenant abandons the property before the court date, the landlord can show up and request that the lawsuit be dismissed.

Holding Over

When a tenant refuses to vacate the property after the lease term has expired, this is called holding over, and the landlord has the right to sue for eviction and money damages. As long as the tenant is not being forced to terminate the lease early without cause, then in most cases, the court rules in favor of the landlord. Money damages can include any outstanding rent owed by the tenant, the security deposit as a penalty for breaching the lease term, and the value of any losses in rental income due to the inability to sign prospective tenants.

Money Damages After Tenant Leaves

The purpose of the security deposit is to cover any property damage caused by the tenant that the landlord will have to have fixed before a new tenant can occupy the premises. However, in some cases, the extent of the property damage will far exceed the value of the security deposit. The landlord can sue the tenant for money damages to at least cover the bare minimum of costs. The court will also consider the time it takes to restore the premises to livable conditions, during which time the landlord will be unable to re-rent the property to a prospective tenant.

Breaking a Rental Lease and Grounds for Eviction

Just as there are many reasons for eviction, there are also many valid reasons why a tenant may choose to vacate a premises before their lease ends, such as finding employment in another city, imminent sale of the property, or immigration.

The following are some of the reasons deemed acceptable by the contract law in most states that landlords and prospective tenants need to be aware of:

Valid Reasons for a Tenant to Break a Lease

A tenant’s breach of lease terms may be because of the following:

Military Reasons

If a tenant is forced to leave for active duty or to change stations, then, according to the Service Members Civil Relief Act (SCRA), the landlord has no choice other than a termination of the lease agreement. The landlord has 30 days from the day they are served with the written orders for active duty to comply with the lease termination.

Health Problems

While health issues are not considered legal reasons to end a lease early in the entire country, other states allow tenants to vacate their home if they feel that their health is at major risk by staying there.

Landlord Has Violated the Terms of the Lease

The landlord must ensure that the premises they are letting out are kept in a safe and habitable condition by doing regular repairs and maintenance throughout the building. If the landlord fails to maintain the building in a reasonable state, the tenant has the right to seek termination of the lease and vacate the unit.

Lawful Grounds for Eviction

The law allows the eviction of the tenant before the lease ends under the following conditions:

Tenant Fails To Pay Rent

A landlord can seek to evict a tenant who does not pay rent on time and free up the unit for new tenants after the provision of evidence that reasonable efforts for rent recovery have been made.

Property Damage

Not taking care of the property and causing a lot of damage can be grounds for eviction of the negligent tenants. The landlord can also use the security deposit, or a portion thereof, to mitigate property damages.

Illegal Activities

Tenants who engage in any illegal activities on the premises will be deemed to have violated the terms of the rental agreement. In such cases, a landlord should hire the services of a good attorney to assist in the eviction procedure without putting themselves at risk of breaching the law.

Lease Term Ends

When the lease ends, the tenant has to vacate the property after being given a reasonable notice period.

How to Properly Evict a Tenant

At Ehline Law Firm, we have assisted many landlords in properly evicting unwanted tenants from their properties. One thing we have always advised our clients on is the importance of knowing how to evict a person without breaching the law and landing themselves in court.

This has never been more important than during the recent Covid-19 outbreak, where contract laws and public policy regarding tenancy were temporarily suspended to provide a certain amount of cushion for cash-strapped tenants.

If you intend on evicting tenants and retaking possession of your property, take the following steps:

If you win the lawsuit, allow the court-appointed sheriffs to handle the eviction process, which usually takes not more than eight days.
Approach an Ehline Law attorney for clarification on eviction statutes
Make reasonable efforts to resolve the dispute with your tenant
As a landlord, provide written notice of eviction to the tenants
Wait for you and your tenant to be issued a court date
File for eviction using the proper court channels
Provide solid and legal reasons for eviction.

Reasonable Efforts and the Role of the Expert Witness

When it comes to proving that reasonable efforts have been made to mitigate damages, it is the landlord’s responsibility to provide an expert witness who can attest to this. The testimony from the witness is essential in showing that the landlord has properly observed the duty to mitigate.

In most cases, the court will require a breakdown of the steps taken by the landlord in mitigation efforts as well as the inconveniences that came about when the tenant decided to abandon the property prematurely, such as advertising, hiring a property broker, finding new tenants, and not being able to re-rent at the same rentals as before.

It is not always clear which party carries the burden of proof when it comes to demonstrating those reasonable efforts to acquire prospective tenants.

The following are what the courts deem to be reasonable efforts on the part of the landlord:

Basic Efforts

The landlord has to advertise the premises on various platforms such as newspapers or a real estate website. They also have to make time to show the property to prospective tenants and hire the services of a real estate broker. In other words, the court requires that a landlord take an active role in the search for a new tenant rather than doing the bare minimum.

Advanced Undertakings

At times, the landlord must go a few steps further in securing a replacement tenant, such as making general repairs to the property to make it easier to market. However, determining what a landlord must or mustn’t do is up to the discretion of the court; for instance, a landlord may not be required to repair the property if the previous tenant is responsible for leaving the house in its current poor condition.

In circumstances whereby the vacating tenant owes the owner rent or utilities, then the landlord is under no obligation to reduce any money damages or provisions they are entitled to.

Signing a New Tenant

Even after going the extra mile in making repairs and advertising on a rental property website, the landlord may still be required to show that they have signed a new professional lease with a prospective tenant.

In such cases, an expert witness may be required to offer testimony on the intended use of the premises by the new tenant because the landlord is under no obligation to accept any tenants.

Just like with any other lease, the landlord/tenant relationship should benefit both parties, meaning the landlord may reject a would-be tenant if they are found unsuitable, for example, if their credit scores are poor.

There is also no reason to assume that the landlord must assist the tenant in providing resources to make paying rentals easier.

Buying or Selling a Rental Property in the Middle of a Lease Term

What if you need extra cash and your only option is to sell your rental property? Maybe a great offer is too good to resist; what happens to the landlord/tenant lease? These are some issues that an experienced attorney, such as Michael Ehline, can assist landlords with a judgment or settlement.

The good news is that we can help you do it in a way that will put neither the landlord nor the tenant at a major disadvantage. As a landlord, there are things you can do to mitigate the effects of the sale on your tenants.

We recommend the following:

If needed, assist the tenant in finding new accommodation at a similar renting cost
Agree on the most convenient showing times for the property
Make sure the prospective owner knows about the tenants
Ensure the tenant is up to date with rental payments
Give your tenant enough notice of the intended sale.

How Ehline Lawyers Can Help

Whether your tenant breaks the lease agreement or you have to make mitigation efforts after your property is suddenly vacated, there are a lot of services that a qualified attorney can assist you with.

If you approach our legal office for a free consult, we can offer the following:

Helping you recover outstanding rent and compensation for damage to property
Preventing unfair mitigation from being imposed on you
Presiding over hearings between landlord and tenant
Providing legal advice in terms of the rental statute
Drawing up legally sound leases
Representing you in courts.

Final Word Over Landlord Mitigation of Damages

Landlords have not always been required to provide mitigation for damages that result from premature termination of leases, but that has since changed in many states. The legal process is now highly skewed in favor of the tenant. And this is partly because of the effects of global pandemics such as the Covid-19 outbreak will create.

Many property owners are not yet familiar with the implications of these changes in rental laws, and they are often caught unawares when ordered by the courts to mitigate their damages. If you are in a similar situation, visit our website for more information on how we can assist you. Give us a call today and let one of our experienced attorneys take the case.

You can save yourself a lot of money by having the right lawyer by your side. Michael Ehline and his team of expert lawyers have years of experience assisting landlords in successfully handling the issue of mitigation.

Michael Ehline, the Blogging Attorney Michael Ehline, the Blogging Attorney

Heavily Sprayed Areas and Dioxin Hot Spots – Aftermath of Agent Orange

Written by MichaelEhline on January 10, 2025. Posted in Service Related Cancer Blog.

Heavily Sprayed Areas and Dioxin Hot Spots – Aftermath of Agent Orange

Dioxins in Vietnam Today

Ultimate Guide to Understanding Dioxin and Diseases

The U.S. and South Vietnam established several military installations during the Vietnam War. At these places, military officers would use, handle, and store Agent Orange, solvents, lead, and other herbicides for Operation Ranch Hand. Because of the sheer volume of Agent Orange in these facilities, handling them sometimes would result in spills, requiring drainage ditches and spill ponds. There has been a long-standing concern by present Vietnam over Agent Orange use; over time, the U.S. has been more sympathetic.

The Vietnamese government is working with several organizations to contain the Dioxin contaminated areas. The Ford Foundation is one of the organizations providing funds to help assess the Dioxin levels and extent of the Agent Orange problem in jungles and even in foods. The U.S. also offered historical material to the Vietnamese government to help them overcome the post-war consequences of toxic chemicals over the past decade.

Let’s explore the confirmed research over the heavily sprayed areas, observed Dioxin hot spots, and reported erosion left behind in Vietnam after the war. Our esteemed colleagues will also look at some steps to remediate and heal the destroyed ecosystem and other measures military veterans can take if they were exposed to Agent Orange in Vietnam.

Dioxin Contamination Across Vietnam

There are three major Dioxin hot spots in Vietnam, including the Da Nang air base in Central Vietnam, Bien Hoa Airbase in Bien Hoa City (25 km from Ho Chi Minh City), and Phu Cat Airbase in Qui Nhơn in Southern Vietnam.

Samples collected from these significant hot spots demonstrated high concentrations of T.C.D.D. (Dioxins) in the following:

Soil
Sediment
Fish tissues
Human blood
Breast milk.

The concentrations recorded exceeded Vietnamese and international standards, especially at areas or military bases where the military forces would store, load on aircraft, or spill Agent Orange and other deadly herbicides. The different sampling programs’ results across these hot spots suggest decades of contaminated soil that is still contaminated today.

In 2001, a study conducted at Bien Hoa airbase revealed elevated levels of T.C.D.D. in the soil, crossing over 1 million picograms per gram (pg/g). Before constructing a landfill at Bien Hoa base, another study revealed a T.C.D.D. concentration of more than a million parts per trillion (ppt) in the contaminated soils.

Soil samples taken from the former storage and mixing/loading areas at Da Nang airport in December 2006 and January 2009 exhibited higher levels of T.C.D.D. concentrations than all other sites sampled. According to the report, the maximum soil toxic equivalents (T.E.Q.) concentration recorded in 2006 came from the samples collected from the former mixing/loading area, with concentration levels of 365,000 ppt, almost 365 times the internationally accepted standard.

At the Bien Hoa airbase, the soil collected in 2008 from a former herbicide storage facility exhibited Dioxin concentrations of 262,000 ppt. Contaminated soil from the storage site is now contained in a secure landfill, helping reduce the Dioxin levels in and around the area. The highest concentration of Dioxin found in sediments was from samples collected in 2008 from the Pacer Ivy Area, recorded at 5,970 ppt.

At the Phu Cat Airbase, the samples collected from the former storage area recorded the Dioxin levels at 236,000 ppt. These levels are comparable to the contamination at Bien Hoa and Da Nang air bases. However, the extent of Agent Orange in Vietnam and contamination at the Phu Cat Airbase remains limited to a small spot.

The highest levels of T.C.D.D. in sediments were from samples collected from the east of the runway, an area suspected of Operation Ranch Hand by the U.S. Army. Here, the concentration levels touched 194 ppt. The toxic herbicides from this area would flow into the South Lake, which would provide water to irrigate agricultural lands, potentially exposing the Vietnamese villages and farmers.

In 2006 and 2009, researchers collected samples from 6 large Tilapia specimens from Sen Lake, part of the lake inside the northern sector of the Da Nang Airbase.

The following are the contamination levels of fish tissue samples collected from various parts around the Da Nang Base:

Fatty tissues – 7,920 ppt T.C.D.D.
Muscle – 88.2 ppt T.E.Q.
Eggs – 1,290 ppt T.E.Q.
Liver – 1,540 ppt T.E.Q.

According to the Health Canadian Guide on Dioxin, the concentration levels found in the six specimens of Tilapia are not fit for human consumption. Surprisingly, the concentration in the Tilapia fat tissues is increasing over time due to bioaccumulation.

The Tilapia sampled from the lakes and ponds inside and outside the Bien Hoa Airbase exhibited severe Dioxin contamination, especially in the fat tissue. In the Pacer Ivy Area of the Bien Hoa Airbase, the fat tissue from a Tilapia demonstrated 3,990 ppt T.C.D.D., the highest recorded fish T.E.Q. in the area. Researchers also analyzed whole fish and muscle samples, which exceeded the World Health Organization consumption guidelines.

Besides fish samples, the researchers collected rice, manioc, and vegetable oil samples for analysis and found no traces of T.C.D.D. The hotspots discussed are all former U.S. military bases where troops would handle and store the Agent Orange herbicide. However, according to Hatfield Consultants, a Canadian environmental firm, in the Aluoi Valley of central Vietnam, the entire valley is a hotspot due to Agent Orange spraying. Many researchers primarily suspect the herbicide’s health effects spread to humans through the food chain in certain areas.

C-123 aircraft would conduct operations over the Aluoi Valley, dousing the valley in Agent Orange. Ten samples were collected from any site in the Aluoi Valley for investigation. Besides collecting soil, the researchers also collected blood samples from Such residents to determine the extent of Dioxin contamination left behind by the Vietnam conflict. Some lactating female residents volunteered to provide breast milk samples as well.

The final report revealed that T.C.D.D. levels ranged from 5.0 pg/g to 19 pg/g in the soils. At the same time, males generally had more T.C.D.D. contamination in their blood than females because of their greater caloric intake and exposure to contaminated soil.

(Typical T.C.D.D. concentrations in food remain less than 0.1 ppt. However, researchers compared normal and came up with alarming revelations about food from the lakes and forests. Scientists claim that T.C.D.D. concentrations in ducks could be detected as high as 331 ppt wet weight. With chickens, they found that T.C.D.D. levels were estimated as high as 15 ppt damp weight. Fish could be as high as 66 wet weight, or 550 ppt in lipids.)

Three United States Ta Bat and A Luoi valley U.S. Army special forces bases existed, with one in operation for about 12 months. One of those three bases was the A So (A Shau) base, used for three years and where barrels of herbicides were stored for use in the surrounding areas. Researchers found Dioxin-laced hotspots with elevated levels of Dioxin contamination, ranging from 4.3 ppt to 35 ppt.

The human breast milk from women at A So Commune had elevated levels of Dioxin contamination than other regions in the Aluoi Valley, Thua Thien Hue Province in central Vietnam, and other areas. So it’s not just in areas sprayed with Agent Orange; it’s people exposed to soils and water throughout the country.

MARK HENLEY/PANOS HE, including international researchers, collected samples from animals consumed by humans residing in Bien Hoa City, 35 kilometers north of Ho Chi Minh City (South Viet Nam Vets call this area Saigon.) Their study was digested in the August, Journal of Occupational and Environmental Medicine (2003; 45: 781-8 [ PubMed ] “Even in children never sprayed with Agent Orange, Dioxin is getting into the Vietnamese people…”

What’s surprising is that although Aluoi valley is one of the heavily sprayed areas, the soil at the contaminated sites does not have a high level of Agent Orange contamination due to the forces of nature. The areas where equipment was washed from aerial spray applications and dumping of excess chemicals created a significantly higher public health risk to people than the aerosolized Agent Orange for many decades.

Farmers’ fields and historically forested areas apparently maintained significantly lower levels of Dioxin than the flatter, more toxic locations along wash valleys, etc. It turns out that old forest cover protected the soil, and that continuous heavy rainfall, chemical degradation, and other factors have reduced Dioxin hotspots in some areas. In contrast, the military storage areas have created concentrations harming locals in many places along the former demilitarized zone (DMZ.). High Dioxin levels are the legacy of Agent Orange use in the U.S. Viet Nam war.

Mitigation Efforts And Contaminated Soil In Southern Viet Nam

There are other Agent Orange hotspots in Southern Viet Nam besides the places discussed above. However, most of the remaining Dioxin hotspots have lower levels of Dioxin. Hence, these areas that don’t have high levels of Dioxin do not require remediation efforts. Mitigation efforts include containing the soil in those areas while restricting access to people and animals, sharply reducing the risks of exposure from the legacy of the American war.

The Vietnam War resulted in more than 58,000 American service members’ deaths and 150,000 injured. The war affected the United States and resulted in deteriorating human health for more than 2 million Vietnamese victims. For example, near the Ho Chi Minh Trail and near Laos alone, approximately 224 spraying missions have been officially admitted.

It was not until 20 years later that the full effects of Agent Orange exposure on veterans started to take their toll. They started experiencing illnesses, and their health began to deteriorate with time. Even the government failed to make good on its promise to care for those who served in Vietnam and their environment.

What is the Most Effective Approach?

The most effective approach to significantly reducing Agent Orange contamination in Vietnam is by narrowing the lion’s share of aid to those several areas where the most people are suffering from health and disabilities. Proving Dioxin exposure and the for military services in the provinces most heavily sprayed with Dioxin and Dioxin hotspots at U.S. military bases and storage areas is vital. Scientists agree this is also the best approach to sharply reducing more contamination of food crops being fed to the general population.

Schedule a Free Consultation with Agent Orange Cancer Lawyers at Ehline Law

Ehline Law and our Camp Lejuene PACT ACT toxic exposure attorneys are ready to protect your rights as a vet contaminvet-contaminated. We can help you recover the compensation from the U.S. government. Money is what you deserve to get the best medical care in the surrounding communities to treat exposure to identified contaminants.

If you’re suffering from service-related illnesses resulting from your time in Vietnam, contact us at (833) LETS-SUE for a free consultation. We can even come to your home and are ready 24/7 to take your essential phone call as a public service, free of charge.

Military Testing Sites: Chemical Studies on US Soil

Written by MichaelEhline on January 10, 2025. Posted in Service Related Cancer Blog.

Understanding Agent Orange Military Bases and Storage

Military Testing Sites: Chemical Studies on US Soil

Ultimate Guide to Understanding Agent Orange at Military Bases

The testing of chemical elements as part of a defense happened around the world throughout much of the second half of the 1900s.

The US military used bases around the country and overseas to test and review the possibilities of using herbicides in war. Safety questions were not raised until far too late.

As more information arises about the dangers of the testing and contact with the agents in use, the VA is fighting for the rights of the service members and their dependents who may have been affected by these actions. Ehline Law is proud to support the defense of veteran rights and urges anyone with questions to contact us as soon as possible and make sure and subscribe to our blog.

Military Bases and Agent Orange

Agent Orange is one of the most controversial military decisions of all time. The DoD chose to test and use these herbicides without care for how people may be impacted physically.

Military bases around the country were used for testing- a list of which the VA is working to complete.

Tactical Herbicides Used in the Vietnam War

The VA has gathered more information over the years from veteran affidavits, scientific testing, and new access to records and information that was previously shielded. It is clear now that the testing and spraying of tactical herbicides had tragic side effects on the brave service people and innocent bystanders who came into contact with them.

Even now, the following illnesses and health concerns are attributed to exposure to these agents in veterans and their offspring:

Hodgkin’s Disease
Respiratory issues and cancers
Leukemia
Soft tissue sarcomas
Ischemic heart disease
Various birth-defects.

Known Test Centers in the USA

Fort Derick, Maryland

What was then known as Camp Derick was the Department of the Army’s Biological Laboratory headquarters. It was in charge of technical developments in the military defoliation program, which included the concentrated testing of cacodylic acid, 2,4,5-T, and 2,4-D, and other herbicides.

The testing of these tactical herbicides happened for more than 20 years, from the mid-40s to the late 60s- under instruction from the Department of the Army Chemical Corps.

Eglin Air Force Base, Florida

The Elgin Air Force Base was one of the primary test centers for Agent Orange, Purple, White, and Blue. Over the decade spanning 1961 until 1971, reports show that around 59,000 gallons of these tactical herbicides were sprayed at the site.

A soil exam conducted in 1970 confirmed TCDD contamination, as did testing carried out over the next 17 years. Nearby loading and storage sites also tested positive for residual Dioxin, triggering mitigation efforts in 2001.

Unconfirmed Sites Yet to be Identified

The Department of Veteran Affairs states that herbicides were experimented with at test centers run by the US Military in various states, including Florida, Hawaii, Rhode Island, Texas, Georgia, and Arkansas. Testing reportedly took place from 1947 until 1969 and included herbicides containing 2,5,4-T.

Detailed lists are incomplete and have changed over the years. In 2019, the VA updated the locations on its website but omitted previously disclosed test locations.

International military bases also involved in the testing and development of Agent Orange and other dangerous chemicals include sites in:

Canada
Korea
Puerto Rico
Thailand.

The Department of Defense has denied that any herbicide resources were stored, tested, or transported through Guam, despite reports that thousands of gallons of Agent Purple were shipped there in 1952 for use in the Korean war.

Furthermore, veterans present at the time have submitted affidavits to the VA stating that they sprayed Agents Orange and Purple on the island and then buried the barrels and other resources in landfills.

Storage Facilities and Transit Sites

It was not only testing that caused exposure to dangerous chemicals for years: materials were also stored in many locations across the country. Other locations were used for a combination of storage and transit for research materials and weaponized defense herbicides.

Gulfport, Mississippi

Gulfport was a major base for the secure storage of Agent Orange and Blue en route to Vietnam. Unfortunately, a hurricane caused the loss of 1400 barrels. The soil testing in surrounding areas showed serious contamination after contact with the displaced agents. Although removal attempts were made, some level of mitigation remains necessary to this day.

Kelly Airforce Base, Texas

When the use of Agent Orange in Vietnam ended, almost 145,000 gallons of the 2,4-D and 2,4,5-T chemicals were kept secure at the San Antonio Kelly Airforce Base in Texas. The Department of Agriculture eventually moved them to be tested and used in bush control programs in 1972. A further 173,000 gallons of Agent Blue remained at the base.

Testing in the late ’90s showed that Dioxin exposure was within acceptable limits under Texas law, but the site was testing positive for arsenic contamination.

Johnston Atoll, Pacific Ocean

The South Pacific island saw more than 25,000 drums of Agent Orange pass between the US and Vietnam in April 1972. Drums were stored there until 1977, when they were destroyed at sea.

The Lingering Effects of Agent Orange in the USA

Exposure to Agent Orange at one of the military bases, test centers, or overseas in the Vietnam War has had a long-term impact on the lives of service members and their descendants.

Disability Compensation for Service Members

Some Guam veterans have already succeeded in proving that they were as likely to have come into contact with and been exposed to the dangers of Agent Orange during their service and have received disability compensation. Vietnam veterans who worked on bases in Cambodia, Laos, and Thailand have also claimed against the US military.

If people believe they have health problems due to exposure to dangerous chemical agents, they must provide information and resources to prove it. Benefits are granted on a case-by-case basis.

Research shows that exposure to these dangerous resources may be more far-spread than expected. Many people may be eligible to claim benefits if their contact with the chemicals used, tested, or stored in the mentioned locations during the specified timeframe has led to health complications of any kind.

How Can Ehline Law Help?

Ehline Law is a leader in personal injury and pain and suffering claims. We have the resources, the know-how, and the legal prowess to help veterans and service members seek the benefits they are entitled to if they have been impacted in any way by the military testing of herbicides and other chemicals.

Ehline Law Cares About Veterans

Taking care of the people who take care of this country is something close to the heart of who Ehline Law is and what we do. Lead attorney, Michael Ehline, is a veteran himself- having served honorably in the US Marines, so you know you have access to the best. No other legal team can provide service members with the care and dedication we can. Your rights matter to us, and we are proud to assist in the defense of any veterans.

Contact Us for Legal Assistance and Advice on Agent Orange

Contact the team today for the best legal service and the highest level of customer care from any attorneys in LA. Veterans may be eligible for a free Agent Orange Registry health exam. These individuals have no duty to file a VA disability claim to receive their free exam.

Contact your local VA Environmental Health Coordinator to see about getting an Agent Orange Registry health exam. If you have been affected by Agent Orange or other herbicides and believe you are eligible for benefits, speak out and let us help you seek the justice you deserve from the VA and Department of Defense.

Top rated injury lawyer, Michael Ehline in Tuxedo Suit

Veteran Burn Pit Bill Succeeds After Another Vote in the Senate Amid Partisan Turmoil

Written by MichaelEhline on January 10, 2025. Posted in Service Related Cancer Blog.

Burn Pit Bill Passes

Ultimate Guide to Understanding Burn Pits. In the last few months, members of the Senate wanted to pass the Promise to Address Comprehensive Toxics Act 2022 (PACT Act). It would provide 3.5 million veterans health care and benefits for their injuries due to exposure to open-air burn pits during their service.

The Comprehensive Toxics PACT Act came after several military veterans exposed to burning trash and other toxic chemicals at military bases reported illnesses ranging from respiratory diseases to cancer and more. However, the introduction of the PACT Act 2022 was far from smooth sailing.

Introduction of the Promise to Address Comprehensive Toxics Act 2022 in June in Senate

In June 2022, the bill was first passed in the Senate with bipartisan support. But due to the bill’s language, there were certain reservations, which meant it would have to receive approval again from the Senate.

The Legislation Fails to Move Forward in July

On July 27, 2022, after undergoing minor changes, the veteran burn pit bill headed for another vote in the Senate amid partisan turmoil, hoping to advance it through a procedural vote. However, 25 Republicans blocked the bill’s passage in the Senate, the same Republicans who showed support during the first round.

The Veterans Service Organization expressed their displeasure outside the Capitol over the sudden about-face demonstrated by the Republicans, who initially favored the bill. Even the former host of the “Daily Show,” John Stewart, had a few expletives to say over the incident.

Chuck Schumer, Senate Majority Leader, said he would put the bill forward again in the coming week for another procedural vote.

Debate Over the Spending Provision in the Bill Continues in August

On August 1, 2022, intense debate over the PACT Act, 2022 saw Senate Republicans and Democrats battling it out in the US Senate. The “controversial” act would see $400 billion in government aid over the next ten years, sparking GOP concerns.

The bill was introduced in the US Senate last week but did not receive the required 60 votes, falling short of just five. 25 Republicans who had first voted yes for the bill agreed with Republican Sen. Pat Toomey.

Toomey offered to amend the bill to satisfy the concerns of both sides, allowing the bill to move forward. He stated that he supported what the bill sought to accomplish but disagreed with how the money was accounted for.

Toomey disagreed with how the money would move from discretionary spending to mandatory spending, allowing the money to be spent on programs unrelated to veterans. The shift to compulsory spending would become a way for Congress to hide its veteran-unrelated spending.

“President Biden’s Secretary of Veterans Affairs Denis McDonough is Completely Misinformed” – Pat Toomey

Over the weekend, the Secretary of Veterans Affairs took a jab at Toomey, stating that the amendment would introduce a year cap on veteran spending for those veterans still suffering from burn injuries.

However, Toomey took the issue to Twitter, stating that either Denis McDonough was unaware of what the amendment aimed to achieve or was dishonest.

Toomey further went on to expose McDonough for having the authority to process benefits for injuries related to toxic chemical exposure upon medical evidence but failing to do so.

Democrats Blamed Republicans for the Delay in PACT Act 2022

On July 27, 2022, Senator Manchin’s reconciliation deal went forward when the Democrats pushed for a $700 billion climate change plan and new tax bills after the previous attempts to do so failed. Manchin spoke to reporters outside of the hearing room where he chairs the senate committee for Energy and Natural Resources.

After the Manchin deal, Democrats took shots at the Republicans for delaying the PACT Act 2022 as a way to express their disappointment over Biden’s Build Back America plan that went through.

However, according to a Senate aide, that is not true, as the Republicans had an open conversation about the PACT act 2022 before the announcement of the Manchin deal.

Biden FaceTime’s Veterans After Testing Positive

On Sunday, July 31, 2022, President Biden addressed the veteran community and their family members camped outside on the Capitol’s steps.

Biden was initially supposed to meet the veterans in person. But after contracting the Covid-19 virus, the President of the United States spoke about the extended health benefits for veterans exposed to toxic burn pits over FaceTime.

Biden also expressed his frustration over how some Senators opposed the bill, legislation close to the President’s heart after his son, an ex-major in Delaware National Guard, may have contracted brain cancer from exposure to toxic burn pits, eventually leading to his death in 2015.

Senate Passes the Burn Pits Bill

On Tuesday, August 2, 2022, the Senate passed the burn pits bill after previous unsuccessful attempts. The Senate received 86 votes in favor of the bill this time as cheers resonated throughout the Senate gallery. The Bill is now on its way to the White House, where President Joe Biden looks forward to signing it.

As the bill passed in the Senate, John Stewart, an avid advocate for veterans, was filled with emotions after rallying support for the bill and had tears in his eyes. He stated that the people fighting so hard to ensure the national security of Americans were getting little, but from now on, this will change.

Since President Joe Biden will most likely sign the bill, people and veterans are looking to the Department of Veterans Affairs to deliver. In decades, the PACT Act 2022 will be the most extensive expansion on VA health care eligibility and benefits.

How Will the Bill Help You Recover Compensation?

If you were a veteran exposed to burn pits and other toxic chemicals resulting in your injuries, the PACT Act 2022 would help you recover compensation.

Previously, veterans had to prove that their illness was directly related to exposure to burn pits or other toxic chemicals. The bill will finally remove the burden of proof, allowing veterans to recover compensation for their conditions.

Speak to a qualified VA claims attorney to understand the VA claim process and assess the damages.

Exposed to Toxic Burn Pits and Injured? Schedule a Free Consultation with Our VA Claim Attorney

It’s unfair that veterans exposed to toxic fumes face challenges in recovering compensation. However, after the bill’s signing, it will provide our veterans hope of making financial recoveries for their injuries arising from their service.

If you suffered injuries while serving time at military bases due to burning pit exposure, contact us at (833) LETS-SUE for a free consultation. Our attorneys are ready to fight by your side and stand for your rights as you have done for us.

How A 2018 Crash Resulted In Key Changes in Marine Corps Investigations

Written by MichaelEhline on January 10, 2025. Posted in Piloting and Aviation Accident Blog.

Researching In The Aftermath Of A Tragedy

Mike Ehline — Michael Ehline, inactive United States Marine, Los Angeles personal injury attorney

Two years ago, Marine Corps families received a call they should never have. Families of our military personnel prepare themselves for the worst. They know that it could come. But rarely do we think that deaths can happen due to the mistakes of other Americans. This is difficult for many families to handle. On December 6, 2018, off Japan’s coast, a F/A18D Hornet and KC-130J Hercules attempted a nighttime midair refueling.

Due to a severe error, the two craft collided, killing the Hornet pilot and five Marines on the C-130. After almost two years, an investigation found severe issues with how the brass handled the event. The initial investigation found that nighttime and drug use were among the issues that caused the airplane crash. Furthermore, the Marine Corps believed that one of the pilots was not qualified to fly at night. Now it appears the initial investigation did not do its proper homework and released misleading findings. This will have clear implications for internal review procedures. Not to mention how nighttime refueling occurs. Furthermore, it also requires swift action by the military to reassert confidence among its members.

For Michael Ehline, this is far more than just an event that happened far away. This is about the soul of our nation. Ehline is the current head of the Ehline Law Firm Personal Injury Attorneys APLC. However, his experience in law informs him only so much. Much of his expertise– and care– on the subject is due to his personal experiences. Ehline is a former member of the United States Marine Corps.

He was discharged honorably after a severe injury. For him, the injury and death of other Corps members are not just an academic exercise. It is often life or death for the young men and women who pledge to defend our nation. And Ehline learned this lesson many times growing up. His father, Paul Ehline, served in Vietnam with the USMC over two tours. For both generations of Ehline, the concern was the same.

Who is taking care of our brothers and sisters in arms? The military and the federal government have many past and present obligations for our service members. That is why Ehline studied this issue and decided to write about it. Of course, there are critical legal implications, but more than that, lives are the military’s future. E is at the state line and spends much of his current time as the head of a critical military-centric law firm in Los Angeles.

That’s how he carved out a reputation as a fighter for those who donned the uniform. He is also available for interviews or comments on the issue. He can be reached at (213) 596-9642 or losangeles@ehlinelaw.com.

Flaws In The Investigation?

The aftermath of the crash near Japan was only the beginning. Families’ pain and suffering– not knowing the exact cause of the crash and why their loved ones would not be returning home to them. During this time of global uncertainty, this must have been incredibly unsettling. A further review found that the Marine Corps personnel conducting the first investigation was not impartial, thorough, or accurate, according to Lt. General Robert Hedelund, the Marine Corps longest-serving aviator, according to Military.com.

The implications are clear and deep:

“Because of this, we lost trust with the American people, the families of those who perished, and the young men and women who fly our aircraft,” Hedelund wrote.

A further review was conducted on the orders of Assistant Commandant General Gary Thomas in 2019. Several senior officers are now facing disciplinary action due to the crash and investigation.

“Two senior officers — a two-star general and a colonel — have now received formal reprimands amid the renewed examination of shortfalls leading up to the crash. And an aviation safety officer who was incorrectly blamed after the first investigation has now been cleared of any wrongdoing.”

A Need For A Clear Review Process

My time in the Corps was not that of senior brass. However, I understand the importance of the chain of command and morale among those in uniform. We have to be sure of how these incidents are reported. For ourselves. For the families. And for the Marine Corps. Imagine the pain and suffering of the families kept in the dark for almost two years.

Or that of the aviation safety officer initially blamed due to the first review. This is all unacceptable. Hopefully, it will lead to a more comprehensive approach. And the use of outside eyes that can see the situation. Furthermore, the call for– and conducting of the second investigation– will also be a valuable precedent for looking into future events. Hopefully, this review will save future lives rather than go around as a matter of pushing papers.

Take, for example, the initial investigation that blamed the Hornet pilot, Capt. Jahmar Resilard, who perished in the incident. He did not deserve to be run through the mud and called a pilot unable to fulfill his duty. Fortunately, now the review has cleared his name:

“He was absolutely qualified to go do that mission,” one of the aviation experts said. “To go fly at night, you have to have flown in the day in the last 14 days — he did. To go tanking at night, you have to be proficient during the day — he was. He needed to be [night vision goggles] qualified, he was. And he needed to have an instructor in the flight that could instruct him — he had that. “He had all the wickets met.”

It’s not the first Asian controversy involving U.S. Marines. The tragic crash and its aftermath will be a crucial turning point in the Corps’ future, hopefully only leading to improvements at every level. And lives saved.

Works Cited:

Military.com: General, Colonel Rebuked After Marine Corps Finds Serious Flaws in Fatal Crash Investigation