Monthly Archives: March, 2010
In Defense of Jury Trials
By: Donald J. Winder
Winder & Counsel, PC
Salt Lake City, UT
There are two principal ways for all citizens to participate in our democracy – at the voting booth and in a jury box. Thomas Jefferson considered “[T]rial by jury as the only anchor ever yet imagined by man, by which a government can be held to [...]
Robinson, Calcagnie & Robinson Attorneys Received California Lawyer Attorney of the Year Awards
Robinson, Calcagnie & Robinson (Newport Beach, CA) are pleased to announce that Mark P. Robinson Jr. and Kevin F. Calcagnie were recently honored as recipients of California Lawyer Attorney of the Year Awards.
The CLAY awards are presented annually by California Lawyer Magazine to attorneys in various areas of legal practice whose achievements have made [...]
$23.6 Million Dollar Verdict in Medical Malpractice Lawsuit in Shelby County, Tennessee
Merkel & Cocke (Clarksdale, MS) is pleased to announce that a Shelby County, TN jury returned a $23,600,000 verdict in favor of Courtney Hill and Robert Hill of Desoto County, MS who were represented by the law firm of Merkel & Cocke. The lawsuit involved a claim of medical malpractice against Courtney’s OB-GYN in Memphis, [...]
Gray, Ritter & Graham 2010 Symposium on March 5 had Largest Attendance in Eight Year History
Gray, Ritter and Graham, P.C. (St. Louis, MO) conducted its 2010 Advocacy Symposium on March 5 at Washington University’s Charles F. Knight Executive Education Center before 100 attendees – the largest attendance in the eight years the firm has been conducting the event.
The free program was open to attorneys with 10 years or less [...]
Burch & Cracchiolo Attorneys Participated in Climb the Mountain to Conquer Cancer Event
Burch & Cracchiolo, P.A. (Phoenix, AZ) is pleased to announc that on February 27, 2010, members of the firm of Burch & Cracchiolo, P.A., and their families, participated in the American Cancer Societs Annual Climb the Mountain to Conquer Cancer.
The event consisted of a 5.5 mile walk up South Mountain in Phoenix. Their team, B [...]
Rutter Hobbs & Davidoff Announces New Partners Richard Hong and Paul J. Laurin, New Litigator Risa J. Morris
Rutter Hobbs & Davidoff Incorporated (Los Angeles, CA) is pleased to announce the recent appointment of partners Richard Hong and Paul J. Laurin, and litigation associate Risa J. Morris. Hong joins the firm from Jeffer, Mangels, Butler & Marmaro LLP, while Laurin served previously as principal of Laurin & Associates. Morris was formerly an associate with [...]
California’s “Unauthorized Practice of Law” Trap
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 [...]
What Every Franchisor Should Know About Its Franchisees
By: Dennis L. Monroe
Krass Monroe P.A.
Minneapolis, MN
In the present fluid and volatile franchise world, it is imperative that a franchise system knows itself. As I have discovered in my representation of many franchisors and franchisees, it is rare a franchisor has a good understanding of its franchisees’ financial positions. It may be that the franchisor [...]
Ganfer & Shore, LLP Adds Experienced Corporate Lawyer
Ganfer & Shore, LLP (New York, NY) is pleased to announce that Martin E. Schloss has become Of Counsel to the firm and will be substantially expanding our corporate practice.
Mr. Schloss has had four decades of experience as a corporate attorney in Manhattan. Prior to joining Ganfer & Shore, LLP, Mr. Schloss spent 13 years [...]
Diaz Reus & Targ Attorneys Obtain $3 Million Award in Arbitration Case
Diaz Reus & Targ, LLP (Miami, FL), led by Partner Gary Davidson together with associates Gerardo Rodriguez-Albizu and Chad Purdie, successfully obtained a $3 million arbitral award for their client, Aerocentro, S.A., a Panama-based aircraft lessor. The Respondents, Aeropostal Alas de Centro America, S.A., and its parent company, Aeropostal Alas de Venezuela, S.A., were found [...]
Two Brody Wilkinson Attorneys are Recognized by Best Lawyers in America
Brody Wilkinson PC (Southport, CT) is pleased to announce that Peter T. Mott and James E. Rice were selected by their peers for inclusion in the 2010 edition of The Best Lawyers in America, Mr. Mott in the area of Trusts and Estates law, and Mr. Rice in the area of Energy law. Published since [...]
Four Ball Eggleston Attorneys Included in Indiana Super Lawyers for 2010
Ball Eggleston PC (Lafayette, IN) is pleased to announce that members Joseph T. Bumbleburg, John K. McBride, Jack Walkey and Michael J. Stapleton have been named in the 2010 edition of Indiana Super Lawyers.
Joseph T. Bumbleburg, who focuses his practice on Alternative Dispute Resolution (ADR), Real Estate Law, and Government Law, has been included in [...]
Ayres Carr & Sullivan Attorney Included in Super Lawyers Corporate Counsel Edition
Ayres Carr & Sullivan, P.C. is pleased to announce that John R. Carr, III has been named in the 2010 edition of Super Lawyers Corporate Counsel Edition.
John Carr, who focuses his practice on Bankruptcy Reorganization, Creditor’s Rights, Commercial Law, Corporation Law, Insurance Law, and Employee Benefit Law, will be included for his work in the [...]
Hertz v. Friend: A Corporation’s Principal Place of Business is Its Nerve Center
By: Jordan Wood
Christian & Small, LLP
Birmingham, AL
On February 23, the Supreme Court reached a unanimous decision regarding how to determine a corporation’s principal place of business for purposes of diversity jurisdiction. The opinion of Hertz v. Friend, authored by Justice Stephen G. Breyer, stated a corporation is a citizen of a state where its “nerve [...]
Iqbal Energizes Motion to Dismiss Practice
By: Barry Miller and Casey Stansbury*[1]
Fowler Measle & Bell PLLC
Lexington, KY
The question before the Supreme Court seemed narrow: Had an alleged terrorist stated a claim in his complaint over the conditions of his confinement after arrest? The short answer was “no.” Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009). But how the court phrased that answer, has [...]
Carte Blanche vs. Strict Construction: A Battle of Interpretations to Section 1430(b), California Health & Safety Code
By: Sezen Z. Oygar
Neil, Dymott, Frank, McFall & Trexler APLC
San Diego, CA
If you haven’t experienced it yet, the chances are, you will. Whether you represent a skilled nursing facility or other health care provider, defending a case premised upon the violation of the Patients Bill of Rights just became a little more complicated; and even [...]
Seventh Circuit Court of Appeals Rules that Federal Jurisdiction Under the Class Action Fairness Act is Not Dependent on Class Certification
By:Bradley C. Nahrstadt
Williams Montgomery & John Ltd.
Chicago, IL
In Cunningham Charter Corp. v. Learjet, Inc., __ F.3d __, 2010 WL 199627 (7th Cir. Jan. 22, 2010), in a case of first impression, the Seventh Circuit Court of Appeals ruled that federal jurisdiction under the Class Action Fairness Act (CAFA) does not depend on whether a class [...]
Roe Cassidy Coates & Price Attorneys Successfully Defend Medical Malpractice Action
Roe Cassidy Coates & Price, P.A. (Greenville, SC) is pleased to report that attorneys V. Clark Price and Fred W. “Trey” Suggs III successfully defended a local hospital in a medical malpractice case arising out of an alleged fall at the hospital.
The Plaintiff asserted that the hospital’s nursing staff negligently weighed a severely weakened dialysis [...]
Ohio Supreme Court Declines to Disturb Summary Judgment Obtained by Norchi Forbes Attorney in University Campus Shooting Case
Norchi Forbes, LLC (Cleveland, OH) is pleased to announce that Kevin Norchi preserves on appeal a summary judgment in favor of his client, Case Western Reserve University, in a college campus shooting case, which occurred on the campus in May, 2003.
The shooter, a 63 year old former business graduate student, killed one MBA student, injured [...]
Dukes, Dukes, Keating & Faneca Open New Office
Dukes, Dukes, Keating & Faneca, P.A. (Gulfport, MS) is pleased to announce that it has recently opened another office in Hattiesburg, Mississippi. With this new location in the heart of the Pine Belt Region, in addition to its main office located on the Mississippi Gulf Coast in Gulfport, Mississippi, DDKF is uniquely positioned and well [...]
Joel W. Collins Receives Inaugural ABOTA Chapter Service Award
Collins & Lacy, P.C. (Columbia, SC) is pleased to announce that Joel W. Collins was awarded the 2010 Chapter Service Award by the South Carolina Chapter of the American Board of Trial Advocates (ABOTA). The award was created this year by the Executive Committee of the South Carolina Chapter of ABOTA and will be named [...]
Top Honors for Christian & Small partner, Clark A. Cooper
Christian & Small, LLP (Birmingham, AL) that Clark A. Cooper has been invited to become a Fellow of the American Bar Foundation and was reelected to serve a second term with the American Bar Association’s House of Delegates.
Cooper is one of ten Alabama lawyers inducted to the Fellowship for 2009. Cooper joins partners Thomas W. [...]
The Michigan Supreme Court Confirms that an Owner of a Construction Site May Not Be Sued Under a Premises Liability Theory for an Injury to the Employee of a Contractor on the Construction Site
By: Anthony Caffrey, III
Cardelli, Lanfear & Buikema, P.C.
Royal Oak, MI
In a recent order, the Michigan Supreme Court reversed the Michigan Court of Appeals on the issue of whether a premises liability claim may be asserted against the owner of a construction site for an injury to an employee of subcontractor. For several decades, Michigan law [...]
Boylan Brown Participating in Habitat for Humanity’s “Women Build”
Boylan, Brown, Code, Vigdor & Wilson, LLP (Rochester, NY) is helping to build a house with Flower City Habitat for Humanity as part of the “Women’s Build” program this spring. The fundraising for and construction of the house will be done predominantly by women. Boylan Brown has formed a team – the “Boylan Brown Community Builders” – [...]
Boylan Brown Adds New Partner to Its ESOP Practice
Boylan, Brown, Code, Vigdor & Wilson, LLP (Rochester, NY) is pleased to announce the addition of Mark Kossow as a partner in its ESOP department.
Since 1998, Mr. Kossow has practiced law in ERISA and tax related transactions. In the past few years he has represented corporations, selling shareholders and trustees in more than 50 ESOP [...]
Indianapolis Firm Price Waicukauski & Riley, LLC Files National Yasmin/Yaz Suits
Price Waicukauski & Riley, LLC (Indianapolis, IN) has filed suit against Bayer Healthcare Corporation for the birth control medications, Yasmin and Yaz. Women have claimed that they suffered strokes, heart attack, gall bladder removals or other serious health problems while taking the birth control pills Yasmin or Yaz.
Lawyer William Riley (explained, “Yasmin, which has been marketed [...]
The New Bankruptcy Act & Its Impact on Family Law
By: Madeline Marzano-Lesnevich
Lesnevich & Marzano-Lesnevich, LLC
Hackensack, NJ
I’m going to speak with you about the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, and its impact on us, as family lawyers.
In light of the current economy and real estate market, you need to be familiar with the main concepts and buzz words, and how they [...]
Second Bayer ‘Bellwether’ Trial Results in Another Verdict for Plaintiffs: $1.5 Million Award to Rice Farmers Represented by Don Downing
Gray, Ritter & Graham, P.C. (St. Louise, MO) is pleased to announce that a St. Louis jury found Germany-based Bayer Cropscience AG and several of its affiliates negligent in the second of several “bellwether trials” scheduled for the U.S. District Court for the Eastern District of Missouri, and awarded a total of $1.5 million to [...]
