Monthly Archives: February, 2010
Court Dismissed Plaintiff’s Complaint With Prejudice for Failure to Provide Expert Report
By: Thomas Paschos
Thomas Paschos & Associates, P.C.
Haddonfield, NJ
In Choi v. River Terrace Gardens Associate, 2010 WL 26495 (N.J.Super. January 6, 2010), Plaintiffs appealed from an order dismissing their complaint with prejudice pursuant to Rule 4:23-5(a)(2) and denying their motion to reinstate the complaint. Among the discovery deficiencies alleged was plaintiffs’ failure to provide any expert [...]
New Jersey’s Law Against Discrimination Prohibits Sexual Harassment and Discrimination in Business Owners and Client Relationships
By: Thomas Paschos
Thomas Paschos & Associates, P.C.
Haddonfield, NJ
In J.T.’s Tire Service, Inc. v. United Rentals North America, Inc., — A.2d —, 2010 WL 26495 (January 6, 2010), Plaintiffs, J.T.’s Tire Service, Inc. (J.T.) and its sole owner Eileen Totorello, filed a complaint alleging discriminatory refusal to do business, under the Law Against Discrimination (LAD), against [...]
Smith Debnam’s Bettie Kelley Sousa President-Elect of National Board
Smith Debnam Narron Drake Saintsing & Myers, L.L.P. (Raleigh, NC) is proud to announce that Bettie Kelley Sousa was elected President-Elect of the American Board of Certification (ABC) at its recent meeting in La Quinta, California.
Accredited by the American Bar Association, ABC administers the only nationwide certification of specialists in the legal fields of creditors’ [...]
Schneider, Smeltz, Ranney & LaFond P.L.L.
Schneider, Smeltz, Ranney & LaFond P.L.L. (Cleveland, OH) is proud to announce the addition of Thomas I. Hausman as Of Counsel.
Thomas I. Hausman has been a practicing attorney for over 30 years. He focuses on partnerships, estate planning, corporate tax, tax controversies, and general tax matters. He has represented many clients in connection with the [...]
Recent Changes in Federal Transfer Taxes: How the Current Uncertainty May Affect Your Clients
By: David M. Lenz and J. Paul Fidler
Schneider, Smeltz, Ranney & LaFond P.L.L.
Cleveland, OH
The new calendar year brought with it dramatic changes in the federal transfer tax laws. These changes could significantly affect your clients’ planning strategies or even alter the way in which their property is distributed under their existing estate plan documents. Below [...]
Robinson Waters & O’Dorisio Adds Matthews and Staab as Shareholders
Robinson Waters & O’Dorisio, P.C. (Denver, CO) has added Kelly N. Matthews and Louise Betcher Staab as shareholders.
Matthews will continue to focus her practice in the areas of general corporate and commercial law with an emphasis on banking and credit finance transactions, venture capital and angel financing transactions and representation of privately held companies (for-profit [...]
Real Estate Licensing for Merger and Acquisition Practitioners?
By: June Lin
Niesar & Vestal LLP
San Francisco, CA
Welcome to California: Watch Out For Those Speed Bumps!
California has some quirky laws that often surprise lawyers from other states who are involved in California-based transactions. It is not always clear where some of our laws are going, or which direction a business person is meant to take.
To [...]
Business Brokers and M&A Advisors Should Be Wary
By: K. Andrew Hall
Krass Monroe P.A.
Minneapolis, MN
Many of us who work in corporate finance represent companies who engage a business broker or M&A advisor when our client desires to sell the business. We also may represent business brokers and M&A advisors who help companies sell the business. For convenience, this article refers to both as [...]
Krass Monroe Announces New Partner James A. Wahl
Krass Monroe, P.A. (Minneapolis, MN) is pleased to announce that James A. Wahl has become a partner in the firm. According to firm President, Mark Moxness, “Jim has proven his ability to help clients solve critical business challenges. We are pleased to have Jim join the partner ranks at Krass Monroe.”
Wahl is the Co-Chair of [...]
Kohner, Mann & Kailas, S.C. Attorney to Again Judge Wisconsin Governor’s Business Plan Contest
Kohner, Mann & Kailas, S.C. (Milwaukee, WI) is pleased to announce that, for the third year in a row, Stephen D. R. Taylor has accepted an invitation to serve as a judge for the Wisconsin Governor’s Business Plan Contest.
Conducted under the auspices of the Wisconsin Technology Council, the contest encourages the creation, start-up and early-development [...]
Brody Wilkinson Attorneys Named to 2010 Connecticut Super Lawyers and Rising Stars Lists
Brody Wilkinson PC (Southport, CT) is pleased to announce that Peter T. Mott, Ronald B. Noren, Thomas J. Walsh, Jr. and Douglas R. Brown were selected by their peers in 2010 as “Connecticut Super Lawyers.” In addition, Heather J. Lange was selected as a “Connecticut Rising Star.” All five attorneys are listed in the special [...]
In Re Bilski: Will it Be a Blockbuster?
By: Henry Sneath
Picadio Sneath Miller & Norton, P.C.
Pittsburgh, PA
Argument was heard before the United States Supreme Court on Monday, November 9, 2009, in the potential landmark patent case, In re Bilski. (appeal from 545 F.3d 943, 88 U.S.P.Q. 2d 1385, Fed. Cir. 2008). Disappointed patent applicant Bernard Bilski appealed the USPTO’s denial of patent protection [...]
Norchi Forbes Attorney Speaks at the Great Lakes Higher Education Law Symposium
Norchi Forbes, LLC (Cleveland, OH) is pleased to announce that Kevin Norchi, Founder and President of the firm, recently spoke at the Great Lakes Higher Education Law Symposium which was held at Case Western Reserve University.
The purpose of the Higher Education Law Symposium was to address issues confronted by colleges and universities in the Great [...]
Zizik Powers Attorneys Successfully Defend Petroleum Company and Secures Motion for Summary Judgment in a Gasoline Price-Fixing and Price-Gouging Case
Zizik, Powers, O’Connell, Spaulding & Lamontagne, P.C. (Westwood, MA) attorneys Brian O’Connell and Bill Fidurko successfully defended Drake Petroleum Company in a putative class action before the United States District Court of Massachusetts, and secured a summary judgment ruling in favor of their client, Drake Petroleum.
Drake Petroleum, which is one of the largest independent petroleum [...]
Seven Williams Montgomery Partners Named Illinois Super Lawyers for 2010
Williams Montgomery & John Ltd. (Chicago, IL) is proud to announce that five partners, including all three of the firm’s name partners, have been recognized as Super Lawyers by the publishers of Law & Politics. The lawyers who have been recognized in 2010 as Super Lawyers and their areas of practice are:
Lloyd E. Williams, [...]
Teague Campbell Attorneys Successfully Defend National Retail Store
Teague Campbell Dennis & Gorham, LLP (Raleigh, NC) attorneys Dayle A. Flammia and Edward S. Schenk III successfully defended a national retail store in a case arising from an alleged unlawful, racially-motivated detention of a suspected shoplifter.
Dayle A. Flammia and Edward S. Schenk III obtained Summary Judgment on all claims asserted in the Complaint, including Intentional [...]
Silvester & Daly Welcomes New Associate
Silvester & Daly (Hartford, CT) welcomes Tucker McWeeny as a new Associate at the firm. Tucker has joined the Trail and Litigation Practice and will handle the defense of claims alleging professional liability, product liability, liquor liability and premises liability matters, as well claims of housing discrimination under State and Federal law .
Mr. McWeeny graduated [...]
Rosen, Rosen & Hagood Attorney Elected to Serve as the Secretary of the South Carolina Bar Association
Rosen, Rosen & Hagood, LLC (Charleston, SC) is pleased to announce that Alice F. Paylor has been elected to serve as the Secretary of the South Carolina Bar Association. Her previous positions with the Bar include serving as a member of its Board of Governors and its House of Delegates of which she is currently [...]
The Third Circuit Rejects the Argument that the Supreme Court’s “But-For” Analysis Set Forth in Gross V. FBL Financial Supercedes the Burden-Shifting Process Adopted In McDonnell Douglas Corp. V. Green in All Age Discrimination Cases
By: Thomas Paschos
Thomas Paschos & Associates, P.C.
Haddonfield, NJ
In Smith v. City of Allentown, — F.3d —-, 2009 WL 4912120 (3d Cir. (Pa.) December 22, 2009), plaintiff filed suit against the City of Allentown and its mayor claiming discrimination based upon his age and political affiliation after he was discharged as a city superintendent (he had [...]
Potential Physician Liability: Distinguishing Medical Services from Products
By: Jonathan R. Ehtessabian
Neil, Dymott, Frank, McFall & Trexler APLC
San Diego, CA
Law has long established physicians cannot be held liable on a products liability theory for a defective product that was used on a patient during a course of treatment. Silverhart v. Mount Zion Hospital (1971) 20 Cal.App.3d 1028. A doctor’s business is to provide [...]
How Will the HITECH Act Affect Your Law Firm?
By: N. Nedim Halicioglu
Neil, Dymott, Frank, McFall & Trexler APLC
San Diego, CA
Health information privacy changes that take effect February 17, 2010 will require business associates of healthcare providers, including law firms who represent health care professionals, to reevaluate how they handle medical records.
The American Recovery and Reinvestment Act of 2009, also known as the [...]
May & Johnson Attorneys Obtained Dismissal from Federal Person Injury and Product Liability Cause of Action
May & Johnson, P.C. (Sioux Falls, SD) is pleased to announce that attorneys Mark Arndt & Eric DeNure, on behalf of Reno Hydraulic Rebuild, Inc., recently obtained a dismissal for their client from a federal personal injury/product liability cause of action. The Order of Dismissal was based on a Motion to Dismiss for Lack of [...]
Lewis Johs Attorney Named Special Counsel to the International Association of Bomb Technicians and Investigators
Lewis Johs Avallone Aviles, LLP (New York, NY) is pleased to announce that attorney Bob Avallone has been named as Special Counsel to the International Association of Bomb Technicians and Investigators (IABTI), an association of professionals in law enforcement, fire, emergency services, military, forensic screening and other related fields formed for countering the criminal use [...]
Lewis Johs Attorney Edward G. Lukoski Successfully Defends Train Accident
Lewis Johs Avallone Aviles, LLP (New York, NY) Edward G. Lukoski, obtained a defendant’s verdict for the client, Long Island Rail Road, following a trial in Supreme Court, Queens County. The plaintiff, a fifty-year old epileptic, suffered a seizure and fell onto the train tracks between the running rails at the East New York station [...]
Donato Minx Brown Attorney Successful in Two Appellate Cases
Donato, Minx, Brown & Pool, P.C (Houston, TX) attorney Mark Youngjohn was recently successful in two appellate cases for the firm.
What happens when a party waits more than 450 days past post-final judgment before filing his motion for new trial? Generally we would assume the court would find no plenary power to consider the motion. [...]
Court Relief is Not Enough: Diligent Trademark Management is the Best Defense Against Fraud Attacks
By: Cheryl L. Black
Goodman Allen & Filetti, PLLC
Glen Allen, VA
Why does it take a crisis to get our attention and to make us do what we already know to do? For years, I have tried in vain to get my three sons to practice good hygiene and maintain a healthy diet. “Wash your hands [...]
Legal Practice in a HITECH Environment: An Overview of the HITECH Act and its Affect on Lawyers as Business Associates
By: Kristi L. VanderLaan
Goodman Allen & Filetti, PLLC
Glen Allen, Virginia
As the one year anniversary of the American Recovery and Reinvestment Act of 2009 (the “ARRA”) draws near and many of the HITECH provisions become effective, attorneys need to be cognizant of the potential implications for our clients and for the practice of law.
The ARRA was [...]
Hugh D. Keating elected to be President-Elect of The Mississippi Bar
Dukes, Dukes, Keating & Faneca, P.A. (Gulfport, Mississippi) is very pleased to announce that Hugh Keating of Gulfport, Mississippi was just elected by his statewide peers as President-Elect of The Mississippi Bar. Hugh’s term as President-Elect will begin at the conclusion of the 2010 Annual Meeting this summer.
Hugh is a director and shareholder of DDKF, [...]
Joel W. Collins Receives ABOTA Foundation’s “Masters in Trial Award”
Collins & Lacy, P.C. (Columbia, SC) is pleased to announce that Joel W. Collins was awarded the 2009 “Masters in Trial Award” by the American Board of Trial Advocates (ABOTA) Foundation during their recent national board of directors meeting in Indian Wells, California.
The ABOTA Foundation was established in 1991 to provide education to the American [...]
Christian & Small Attorney, Richard F. Ogle, Invited to Fellows of the American Bar Foundation
Christian & Small LLP, (Birmingham, AL) announces Richard F. Ogle has been invited to become a Fellow of the American Bar Foundation. Ogle is one of ten Alabama lawyers inducted for 2009. Ogle is the fourth attorney from Christian & Small to be invited to become a Fellow. Ogle joins partners Thomas W. Christian, Clarence [...]
