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Weston Hurd snaps up Beachwood law firm
Legal Marketing | 2007/12/23 01:50
Cleveland law firm Weston Hurd LLP has acquired Persky, Shapiro & Arnoff Co. L.P.A. of Beachwood for undisclosed terms.

Persky Shapiro employs seven attorneys, and the acquisition will bring Weston Hurd’s headcount to about 60 attorneys.

Weston Hurd managing partner Carolyn Cappel said the acquisition was attractive in part because it has added a tax practice group to her firm.


Attorney becomes partner in law firm
Legal Marketing | 2007/12/19 01:17
Matthew P. Mastrogiacomo, has become a partner in the law firm of Isaacson & Raymond, 75 Park St. He joined the firm in 2001 as a litigator, and concentrates his practice in civil, criminal and landlord/tenant matters, as well as domestic and family law.

Mastrogiacomo is a graduate of the University of Maine at Machias and received his law degree from the University of Maine School of Law, cum laude, where he was named a prize arguer in the moot court program. He is a member of the family law and new lawyers sections of the Maine State Bar Association, Maine Trial Lawyers Association, and has been admitted to practice in the U.S. District Court. He is also vice chairman of the board of directors for Androscoggin County Head Start and Child Care, and a member of the Auburn-Lewiston Rotary Club. He lives in Lewiston with his wife.


Attorney readies for class action lawsuit following fire
Legal Marketing | 2007/12/16 03:24
Latigo Canyon lawyer Jay Devitt has placed an advertisement in both local newspapers and is speaking to members of the community about putting together a class action lawsuit against the state and possibly other entities regarding alleged faults that led to last month's Corral Fire, which destroyed 53 homes and damaged another 33.

"We're going to sue anyone and everyone who is responsible, like a good attorney is supposed to do," Devitt said.

The main focus so far of the proposed litigation is the California Department of Parks and Recreation. Investigators say the fire started in or near a cave on State Parks land at the top of Corral Canyon known for late-night partying. Devitt said State Parks was negligible in not securing the area better.

"They had notice that this is a dangerous condition of public property with kids going up there," Devitt said.

A Corral Canyon resident who lost his home in the fire, Scott Palamar, had complained several times to State Parks officials about the partying, and the fire risk it created. He was not immediately available for comment for this story.

When asked why a private security guard was never hired by local homeowners to watch over the area, Devitt said it was not their job to do that.

Roy Stearns, spokesperson for State Parks, said he had heard nothing of the potential suit.

"We'll have to wait and see what it alleges, and go from there," Stearns said on Tuesday. "Our feeling is that with the shortage of rangers that we have, our people did all they could under the circumstances to address these issues."

Devitt said he would be hiring investigators to look into what else might have gone wrong during the fire. However, unlike what some Corral Canyon homeowners have alleged, Devitt said he did not see the city's reduction of the bottom of Corral Canyon Road to one lane as being a factor in the fire's outcome. Some homeowners said the reduction delayed the fire trucks.

Realtor Beverly Taki, who heads the Corral Canyon Safety Committee, said at a City Council meeting that the lane reduction hurt the fire response. She hinted at a possible lawsuit against the city in an interview last month with The Malibu Times. Taki said she is not involved with Devitt's lawsuit.

Devitt already has five homeowners who have joined the suit, but declined to mention their names. The attorney, who is the founder and former president of the Malibu Bar Association, only received minor smoke damage to his home. But he knows many people who suffered losses.

"My view of Latigo Canyon is completely black," he said. "Some of my neighbors did lose their homes."

Prior to any lawsuit, what is called a government claim must first be filed against the state about its alleged negligence. If the state fails to respond within 45 days, a lawsuit could be filed. The suit must be filed within six months after the fire.

"With more than 50 houses having burned down averaging a value of about $1.5 million, that's at least $75 million," Devitt said. "There is also emotional distress and some people had the inconvenience of having to pay hotel bills."


DNCC hires Denver law firm
Legal Marketing | 2007/12/14 02:45

Politically connected Denver law and lobbying firm Isaacson Rosenbaum has been chosen as outside counsel for the Democratic National Convention Committee (DNCC) as it prepares for next summer's event here.

The firm and one of its top attorneys -- Mark Grueskin, a Democrat and onetime legal counsel and legislative aide to former Colorado Gov. Richard Lamm -- will help the committee navigate federal election rules and local laws, working with the DNCC's on-staff general counsel, Susana Carbajal.

"We're kind of a legal defensive secondary," Grueskin said. "We'll watch and see how things develop, and we'll help tackle whatever legal issues require more staffing or a different kind of expertise."

He said Isaacson Rosenbaum has identified 10 areas where the DNCC may need its help before and during the Aug. 25-28 convention, from contract negotiation and employment law to campaign finance rules "and just plain political advice."

One of the firm's key roles will be to help the DNCC comply with Federal Election Commission (FEC) rules covering convention operations, Carbajal said. "Because we receive federal funds, we do have to spend those funds according to the FEC and their regulations," she said.

It's customary for a party to hire a local law firm in the convention host city to help with on-site legal work. The assignment is considered a plum for the chosen firm -- and a sign of close ties between the firm and the party.

"We're awfully proud [to be chosen]," Grueskin said. "It's gratifying that ... they hired us because there are so many different kinds of things that our law firm can do that they might need."

Carbajal -- an attorney for the Austin, Texas, firm of Brown McCarroll and a former aide to President Bill Clinton -- was named DNCC general counsel in April. She said she recommended Isaacson Rosenbaum to her committee after interviewing several local attorneys and firms.

She said she wanted a firm with solid experience in election-finance and public-policy law as well as with good relations with local leaders, and Isaacson Rosenbaum offered both strengths.

"One of the main reasons we chose [the firm] is because of Mark Grueskin. ... He was a driving force in our selection," she said.



America’s Best TV Legal Commentators
Legal Marketing | 2007/12/13 07:25

Joseph Klest of the Law Offices of Joseph Klest is featured in an exciting, exclusive, in-depth and inside interview, discussing

America’s Best TV Legal Commentators. Joseph is a highly accomplished attorney with over twenty-four years of experience representing clients in a variety of personal injury claims. He is an eloquent advocate and distinguished expert on some of the country’s most important legal matters.

Joseph Klest has received an AV rating from Martindale-Hubbell, the national rating service for attorneys. In order to determine the appropriate rating for an attorney, Martindale-Hubbell performs extensive and confidential peer reviews of members of the attorney’s State bar. The AV rating is the highest possible rating. It identifies an attorney as having a very high to preeminent legal ability, and is a reflection of the attorney’s expertise, experience, integrity and overall professional excellence.

The law offices of Joseph G. Klest, in Chicago and Schaumburg, Illinois, represents victims of serious personal injury throughout the Chicago metropolitan area and Illinois. Mr. Klest aggressively advocates for accident victims throughout Cook County, Will County, Lake County, and DuPage County. He handles most personal injury matters, including auto accident claims, birth injuries, and medical malpractice.

You can contact Joseph at 847-969-9510, or email info@josephklest.com.



Texas Judge Sued Over Death Row Appeal
Legal Marketing | 2007/11/07 08:24
An executed man's wife filed a lawsuit Wednesday alleging that a judge violated his rights by refusing to keep the state's highest criminal court open late so his lawyers could file an appeal the day he was set to die. Texas Court of Criminal Appeals Presiding Judge Sharon Keller refused to allow the court to stay open past 5 p.m. on Sept. 25 even though attorneys for Michael Richard had called and asked for extra time to file their appeal.

"I would ask her why she just couldn't wait a few more minutes. It wouldn't have cost her anything to do this," 43-year-old Marsha Richard said.

Keller declined to comment on the federal lawsuit, which also named "John Does" as defendants acting in their official capacities.

Michael Richard's laywers later unsuccessfully appealed his case to the U.S. Supreme Court on grounds that the lethal injection was unconstitutionally cruel punishment. The high court turned down the appeal because the lower court had not heard his case, said Randall Kallinen, Marsha Richard's attorney.

"Everybody is in agreement the appeal would have been successful if it had been allowed to be filed," he said.

Before it turned down the appeal, the Supreme Court had decided to review the constitutionality of lethal injection in a Kentucky case. Richard so far has been the only person executed in the nation since the Supreme Court made its announcement about the Kentucky case.

Keller is accused of violating an "open courts" provision of the Texas Constitution, causing Michael Richard's wrongful death and violating his Fourth Amendment right to protection against unlawful searches and seizures.

The lawsuit is asking for an unspecified amount of punitive damages and seeks a court order to be issued directing Keller, the Texas Court of Criminal Appeals' clerk and other court personnel not to stop emergency death penalty appeals from being filed.

The 11th Amendment gives states immunity from federal lawsuits. But Kallinen said Keller is not immune to a lawsuit because her actions violated established statutory or constitutional rights.

Michael Richard, 49, was executed for the 1986 murder of Marguerite Lucille Dixon. Evidence showed she was raped and fatally shot in her home by Richard, who then stole two televisions and a van from the house outside Houston. Richard insisted he wasn't responsible for the woman's death.

Last month, a group of lawyers filed a complaint against Keller with the State Commission on Judicial Conduct, accusing her of improperly cutting off appeals that led to Richard's execution. On Tuesday, the criminal appeals court decided to allow emergency e-mail appeals in death penalty cases.

"I hope nothing like this happens to anyone else," said Marsha Richard, who married her husband five years ago after meeting him while she visited her brother, who was also on death row.

Meanwhile, in Florida, the state's highest court denied a stay of execution for Mark Dean Schwab, who was convicted of raping and murdering an 11-year-old 16 years ago. He is scheduled for execution Nov. 15.



Hudson takes TV journalism experience to law firm
Legal Marketing | 2007/10/19 05:54
I.J. Hudson spent much of his broadcast career chasing after politicians and technological trends.

Now he is on another side of the media industry as communications director with the Bethesda law firm of Garson Claxton LLC. Hudson not only handles public relations duties for the firm but provides clients with another service — media relations.

‘‘I help our clients communicate their message to the public,” said Hudson, 60, who was an on-air reporter and anchor for more than two decades with NBC affiliate WRC-TV in Washington, D.C. ‘‘A lot of people can write down what they want to say, but saying it so that people remember what you say can be a different matter.”

Hudson is a tremendous asset to the 11-lawyer firm, said Jerry Pasternak, government relations consultant for Garson Claxton.

‘‘I.J. adds strength and depth to our Government Relations Group,” Pasternak said in a statement. ‘‘He is well-known and well-respected in both the industry and the community.”

Besides helping Garson Claxton clients with media relations, Hudson, who joined the firm part time in April and was put on the full-time staff this month, instructs them in crisis communications and helps them with aspects such as Internet sites and video presentations.

While some large law firms have communications directors to give clients these extras, Hudson said he did not know of many medium to small firms with the service.

Growing up in Mound City, Ill., near the confluence of the Ohio and Mississippi rivers, Hudson graduated from Meridian High School in Illinois and earned a bachelor’s in radio-television production at Southern Illinois University in Carbondale.

His first ‘‘job” out of college was with the Navy, as he was among those drafted in the initial lottery in his area. Following boot camp at Great Lakes, Ill., Hudson was selected for officer’s candidate school in Rhode Island and then assigned as a public affairs officer for an admiral’s staff on the USS Enterprise.

He was stationed in the Gulf of Tonkin off the coast of Vietnam, but that was several years after the reported 1964 attacks. ‘‘It was a very interesting time in my life,” Hudson said. ‘‘I have always looked fondly on my naval service.”

Hudson left the Navy in 1974 to begin his television career. He worked for stations in Green Bay, Wis.; Milwaukee; Columbus, Ohio; New Orleans; San Diego; and Chicago before moving to the Washington area in 1985.

The wide variety of interesting subjects in this area was key to keeping Hudson here. He spent many years covering the Maryland governor’s office and legislature and later regularly covered technological issues in his ‘‘Digital Edge” reports.

‘‘National stories were often also local stories,” Hudson said. ‘‘Toward the end of my career, I covered a lot of technology stories. This area is one of the top technology corridors in the country.”

Besides winning broadcasting honors, including six Emmys, Hudson was honored by the American Kidney Foundation for his efforts to help coordinate transporting kidney patients to life-saving dialysis treatments during the 1996 blizzard.

That blizzard was among his most memorable stories at WRC, he said. ‘‘I was separated from my family for days because of power outages,” Hudson said. ‘‘But I was able to coordinate four-wheel drivers with the kidney dialysis patients using our airwaves.”

Another memorable story occurred in 2001 when he and his news team were driving north on Interstate 95 in Virginia and noticed there was no southbound traffic. Hudson told his photographer to stop at the next cross-over, and they found a 132-vehicle pileup caused by icy and foggy conditions.

‘‘No other reporter could get in to cover the story,” Hudson said. ‘‘Right place, right time.”

Last year, in the midst of a cost-cutting drive by WRC parent NBC Universal, station executives exercised an option not to pick up the last year of Hudson’s three-year contract. Numerous other WRC broadcasters eventually also left, including sportscaster George Michael, who reportedly turned down a contract after hearing that others on the staff could be cut, and anchor Susan Kidd.

Hudson lives with his wife, Jan, in Darnestown. They have two grown children. In his spare time, he enjoys working outdoors in the yard and pursuing an amateur radio hobby.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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