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Taxpayers see results from state 'law firm'
Legal Business |
2007/05/29 06:17
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A few of the cases grabbed big headlines: a $12.5 million settlement for four brothers whose adoptive parents starved them for years and a $7.5 million award in the death of a 7-year-old Newark boy that led to an overhaul of the state's child welfare system. Despite typically mundane subject matter -- "slip-and-fall" injury suits, job harassment, automobile accidents or failure to pay taxes -- the settlements and judgments in cases handled by the Division of Law add up to a sizable bottom line for taxpayers. The division, which acts as the state government's law firm on most matters, handled 935 civil cases involving the state as either plaintiff or defendant that were settled or adjudicated last year, according to records obtained by The Star-Ledger through the Open Public Records Act. The division staff of attorneys -- down to 530 after 110 positions were eliminated because of budget cuts -- won the state about $161.2 million, a 60 percent increase compared with the amount recovered in 2005, when the division secured $98.9 million. Its losses nearly tripled, to $69.5 million, compared with 2005. That year, according to the records, the state paid out $26.2 million on tort claims, employment claims, NJ Transit lawsuits and tax litigation. "I'm certainly pleased that the Division of Law under the leadership of the attorney general is doing a better job on civil claims," said Sen. John Adler (D-Camden), chairman of the Senate Judiciary Committee. "As for the payouts ... what it really calls into question is whether or not the division is doing a good enough job advising all of the departments and agencies on what is proper conduct," he said. "The best way to not have payouts is to not cause harm." Division of Law Director Robert J. Gilson said he believes the attorneys have done a good job, despite the layoffs that began last April, handling the legal work generated by the 16 state departments and more than 400 state agencies. Gilson took over the division in November after serving as a partner in the law firm of Riker, Danzig, Scherer, Hyland and Perretti. "We feel we are addressing the needs of the state," Gilson said, noting the division has 28 different sections to litigate about 40,000 active cases and to provide legal advice. "We are down in numbers (of attorneys) but we don't feel that has reflected on the quality and quantity of the work being done," he said. Gilson's chief of staff, Peter Traum, pointed to two securities cases last year, in which attorneys put in "an awful lot of work," that paid off to the tune of $119 million. The first involved a $69 million judgment obtained by the Bureau of Securities against the founder of Wellesley Services LLC for defrauding hundreds of investors over an eight-year period. The second involved a $50 million settlement negotiated with AOL Time Warner by the Division of Investments Pension Security Fraud Recoveries. Still, Traum was quick to point out a year-to-year snapshot of outcomes in civil litigation can be misleading because cases take years of work to complete. "It's not that simple," Traum said. "In many cases, that's just how they fell." In 2006, for instance the state settled 11 cases by agreeing to pay at least $1 million, compared with only four million-plus settlements in 2005, the records show. Those 11 cases cost the state $46.2 million while the four settlements in 2005 tallied $5.7 million. The largest settlement last year was $12.5 million, which went to three children and a young man who were starved for years by their adoptive parents after being placed in the home by the Division of Youth and Family Services. The abuse was uncovered in 2003, but it took three more years to conclude the civil suit. Other notable cases included: A $7.5 million settlement for the estate of 7-year-old Faheem Williams, who was found dead in January 2003 in the basement of a Newark home, and his two siblings after the DYFS overlooked complaints of abuse. The case prompted sweeping changes in the state's child welfare system. A $6.3 million jury verdict for a child who was diagnosed with Shaken Baby Syndrome after being placed in a foster home in 1999 by the DYFS. A $4 million settlement for Edward Arena, who was injured July 4, 2004, when an NJ Transit bus rear-ended his vehicle on the New Jersey Turnpike. An economics expert valued his lost wages at $3.5 million. At the same time, Traum said, just looking at the payouts fails to account for an attorney's ability to whittle down the settlement in a sure loser. "Sometimes even when there is a payout, we may view it as a win because we brought the claim down substantially," he said. Two lawsuits brought by the American Trucking Association are a good example, he said. The association sued when the Department of Environmental Protection instituted fees more than a decade ago on truckers who transport hazardous waste. It filed a second lawsuit when the DEP demanded a registration fee to pay for police background checks on hazardous and solid waste businesses. The state settled the cases last year for $8.25 million, but Traum said it was a win as "the state's exposure was $25 million."
Newark Star Ledger, NJ |
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Merck faces class-action lawsuit over Fosamax
Legal Business |
2007/05/28 10:50
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The law firm Siskinds LLP has launched the suit against Merck Frosst Canada, Canadian Press reported. The statement of claim alleges Merck failed to adequately warn patients and physicians that Fosamax has been associated with an increased risk of developing osteonecrosis of the jaw, or "jaw death," according to the Canadian Press. ONJ can cause pain, soft-tissue swelling and infection, loosening of teeth and exposed bone. Fosamax was approved for sale in Canada in 1995. None of the allegations have been proven in court. "We believe that through this lawsuit Merck will be required to explain to Canadian consumers what it knew about the risks associated with Fosamax and when it first became aware of those risks," Michael Peerless, a partner with Siskinds LLP, said in a statement, Canadian Press reported.
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Law firm's rainmaker moves to competitor
Legal Business |
2007/05/26 12:57
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Mayer, Brown, Rowe & Maw, in the middle of a gut-wrenching restructuring, lost a high-profile Chicago partner and revenue generator to a competitor. Alan Salpeter, a trial lawyer who has represented major banks and accounting firms, notified the firm Friday that he is moving to the Chicago office of New York law firm LeBoeuf, Lamb, Greene & MacRae. Salpeter, who joined Mayer Brown in 1972 out of Villanova University School of Law, is one of the highest-compensated partners at the firm, according to sources inside Mayer Brown, who declined to reveal his salary. A partner at LeBoeuf's Chicago office confirmed the move. Salpeter did not return a phone call seeking comment. The departure of a rainmaking lawyer comes at a difficult time for Mayer Brown, one of the nation's 10 largest law firms in terms of revenue. In March the firm said it was firing or demoting 45 partners to boost profitability, an unusually large retrenchment for a major law firm. The downsizing was announced after several partners from its New York office had already left. The restructuring also includes management changes. Earlier this month, the firm eliminated the position of firm-wide managing partner, folding those duties into the new Office of the Chairman. Managing Partner Debora de Hoyos will have a new management role directing recruiting and client development. The firm also appointed a new partner-in-charge of the Chicago office. The hiring of Salpeter is a coup for LeBoeuf Lamb, as it looks to bolster its Chicago presence. Salpeter brings the kind of lucrative corporate litigation work that firms desire in a competitive market. He currently represents Canadian Imperial Bank of Commerce in a lawsuit connected to the demise of Enron Corp. |
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Woman dressed as a movie cop arrested in court
Legal Business |
2007/05/23 10:23
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Her uniform appeared authentic, navy and starched and ironed crisp. The badge on her left breast was authentic, too, made with steel and etched with a three- or four-digit number. The clipped name tag on her right breast displayed a last name, same authentic font. Only the patches on her shoulder ruined the secret: Kimberly Chapman was an actor, not a real police officer. Ms. Chapman, 47, of Wilkinsburg, was arrested by real police officers Monday, charged with impersonating a public servant and theft. Police say Ms. Chapman, dressed as a police officer, appeared at her son's Allegheny County Family Court hearing at 9 a.m. on Monday and told the tipstaff she was an officer assigned to his case. Her son was facing gun charges. According to a police report, Ms. Chapman, who was detained in Judge Edward J. Borkowski's courtroom, told Tipstaff William Miller she was an officer "on the Christian Edwards case and I'm looking for the probation officer." But when police officers questioned Ms. Chapman, she told them she was an extra in the Spike TV series, "The Kill Point," being filmed in Market Square. A production assistant for the series, Katie Shenot, verified that Ms. Chapman worked on the set and told officers Ms. Chapman did not have permission to leave while wearing the $500 uniform. The uniform was taken into evidence, including the badge, duty belts and plastic gun holster. On Monday morning, minutes after arriving at work, Ms. Chapman remembered her son's appointment to appear in juvenile court, her attorney said. She hustled to be there, never stopping to return her officer's uniform, a close replication of those worn by legitimate city officers. Never, according to attorney James Ecker, did Ms. Chapman identify herself as an officer. But before she left court, she'd been arrested. Since filming began Downtown, those on the set have noticed confusion between the real officers and their paid impersonators. Acting officers there, defenders against a faux bank robbery, wear patches saying, "Police Department." The real officers, who attend to the perimeter of the filming area, have patches saying Pittsburgh Police. One other giveaway: the actors carry cap guns or foam guns, not legitimate weapons. "Anybody can just walk off the set and get away with it," said Jeremiah Barry, of Clairton, an extra dressed as an officer. Because at first glance, I'd say, yeah, you look like a real cop. Most people don't stare at cops, they just glance, give it a quick look. "Nine out of 10 people, I'd say, would see the uniform and say, 'Real cop.' " To avoid any confusion within the filming set, extras are discouraged from ending the workday in costume and leaving the area. They can't collect their paycheck for the day's work without first returning to a meeting point at PPG Place, handing in their uniforms and collecting their voucher. Extras given props begin their days, also, by leaving ID -- which is held as collateral until the props and uniforms are returned. |
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Former City Attorney Pleads Guilty To Child Abuse
Legal Business |
2007/05/18 12:13
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Former North Miami City Attorney Barry Kutun pleaded guilty Friday to child abuse charges that stemmed from a sex scandal last year.
Kutun, a longtime state lawmaker who once ran for governor, entered the courtroom with his wife of more than 40 years. "The defendant will plead guilty to one count of child abuse," said Richard Sharpstein, Kutun's defense attorney. Kutun admitted to a single felony, and more serious charges of having sex with a minor were dropped.The sex scandal surfaced last year, shortly after Kutun was sworn in as North Miami's city attorney. Kutun admittedly signed an affidavit in October 2006 detailing the meetings with a 16-year-old prostituted but claimed the girl pretended to be 18. The affidavit was drawn up in response to an extortion attempt against Kutun, his attorney said. Kutun claimed the affidavit became public after it was stolen from his desk. He was briefly suspended from office and later fired. "I'm not a criminal here," he said when the allegations surfaced. Kutun was arrested in May 2006. He was charged in Miami-Dade and Broward counties with having sex with a minor.Sharpstein said those charges shouldn't have been filed. "There was no victim. The girl's underage, but she was also performing acts of prostitution," he said. The Hollywood madam who set up Kutun's liaisons pleaded guilty to her role in the case. Roberta Orenbuch received probation. Kutun will also receive five years of probation, which could end earlier if he continues undergoing sex-offender treatment and marital counseling. Kutun, who wouldn't comment about his guilty plea, still faces charges in Broward County. Kutun's attorney said he is hoping for a similar plea deal there. "Mr. Kutun believes it's in his best interests to get this over with -- the public spectacle and all the humiliation he's had to deal with," Sharpstein said. |
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Attorney firing list longer than acknowledged
Legal Business |
2007/05/17 08:11
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| The US Department of Justice (DOJ) considered replacing at least 26 of 93 US Attorneys between February 2005 and December 2006, a much higher number than previously acknowledged by officials, according to a report in Thursday's Washington Post. Documents not publicly disclosed indicate that Kyle Sampson, former chief of staff for Attorney General Alberto Gonzales, compiled at least three separate lists of US attorneys that were considered for removal. In a related development in the US Attorney firings scandal, Sens. Patrick Leahy (D-VT) and Arlen Specter (R-PA), top members of the Senate Judiciary Committee, sent a letter to Gonzales Wednesday demanding he respond to a May 2 subpoena issued for all of White House political adviser Karl Rove's e-mails "in the possession, custody or control of the Department of Justice." The letter rebuked Gonzales for failing to comply with the subpoena before the return date, as well as his failure to provide "in writing the specific reasons for not producing any responsible documents, including any objections to the subpoenas or privileged claimed by the." Principal Deputy Assistant Attorney General Richard A. Hertling responded with a letter to Leahy, saying that the DOJ's Office of Information and Privacy had conducted e-mail searches in the Offices of the Attorney General and Deputy Attorney General, and included several emails located during the search. |
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NV Hospital District retains Carson City law firm
Legal Business |
2007/05/17 04:12
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After receiving only two Requests for Proposals for legal services, the Silver Springs Stagecoach Hospital District voted unanimously to retain the law firm of Allison, McKenzie, Russell, Pavlakis, Wright & Fagan. The Hospital District received one other proposal from Bonnie Drinkwater of Drinkwater Law Offices. At a previous SSSHD meeting, the Board voted unanimously to retain the Carson City firm and did not specifically name attorney Mike Pavalakis in the motion but discussion was centered on him and his work. Back in February the SSSHD retained Pavalakis to handle a lease agreement with Eastern Sierra Medical Group and other business transactions the District was facing at that time. Part of the meeting started out with Board member Vicki Aveiro asking how the board would be evaluating the two attorneys, to which, District General Manager Kari Larson suggested the Board review the two resumes and their qualifications. The Board then took a five minute break to review each resume. Once the Board was back on record board member Kay Bennett disclosed that she has had a long standing working relationship with Pavalakis and the firm for many years. She said, "I was responsible for bringing the firm Allison, MacKenzie to Carson Tahoe Hospital and I use the firm Alice and MacKenzie on other matters for my personal business. I don't feel I have a conflict in how ever I would vote on this issue. I would not have any financial or fiduciary benefit." Board Chairman Mike Langevin added he did see how Bennett would profit or influence the outcome of the Board's vote and he said of her participation in the vote, "I'd say you're good with us." He then asked fellow board members if they had a problem with Bennett voting on the matter. Langevin spoke favorably of Pavalakis and reported when called the Carson City attorney on SSSHD matters, Pavalakis responded within a day or within 1-2 hours. "I know what I've dealt with. I'd like to stay with them (Allison, MacKenzie, et al), and have them represent us our board." Board member Susan Wells remarked that unlike Pavalakis' proposal, Drinkwater did not list her fees. She noted that Pavalakis included his hourly rate, his associate's hourly rate, paralegal fees and other fees. "I have been impressed with Mike (Pavalakis). I feel he's a straight forward person. He's knowledgeable and willing to help us," she said. Larson reported to the Board that Pavalakis has given the district $1,979 in free service and that he did not charge the Board for his attendance at the March meeting, but only charged for his assistant's fee. During discussion the Board did not disclose Pavalakis' fees or any financial impacts it many have on the budget. |
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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 and help you redesign your existing law firm site to secure your place in the internet. |
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