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The TRIAL.COM Litigation News Blog TRIAL.COM's blawg of litigation management news, clippings, pointers to news reports and articles, and views of interest on issues and developments in the legal market.

Friday, September 26, 2003



Hearst, Represented by Corr Cronin, Wins First Round in Seattle's Historic Two-Newspaper Battle
Corr Cronin Acheives the Ultimate -- Hanging the Opposition with Its Own Words


This from an article by Bill Richards -- Special to The Seattle Times -- 9/26/03

King County Superior Court Judge Greg Canova yesterday dealt The Seattle Times a blow in its legal fight with the Post-Intelligencer, [represented by Corr Cronin. The Judge ruled] that a financial loss The Times claimed in 2000 could not be used to start proceedings that could shut down its crosstown rival.

"This was a big victory, and we're very pleased," said Guy Michelson, an attorney for The Hearst Corp., which owns the P-I. The news was greeted with jubilation in the P-I's newsroom.

Canova spent 20 minutes reading from notes as he explained to a crowded courtroom that The Times' own statements had undermined its defense against Hearst's argument.

* * *
Hearst's attorneys argued in a hearing before Canova two weeks ago that a 49-day strike against The Times in late 2000 and early 2001 was a force majeure event that invalidated the newspaper's loss claims. * * * Canova's ruling applies only to the 2000 loss. But Michelson said Hearst next week will ask the judge to also apply it to The Times' 2001 loss claim on the same grounds.

* * *
In his ruling, Canova said he had relied on a landmark 1990 state Supreme Court contract case known as the Berg decision. In that case, the state's senior court ruled that disputed contracts like the [one at bar] must be examined in a broad light that includes both the intent and the conduct of the signers, as well as the narrow language of the document itself.

[Corr Cronin] had cited the Berg case as their primary argument for allowing force majeure to be applied to The Times' loss claims.
 

Monday, September 22, 2003

Peter Wechsler Wins Defense Verdict in Asbestos Trial for Union Carbide

After a 3 week trial in Miami-Dade County UCC came away with a defense verdict -- the first in Florida. Plaintiff claimed exposure to tape joint compound manufactured by Georgia Pacific containing asbestos produced by UCC. Plaintiff worked as a dry wall finisher where he had to sand tape joint compound after it dried, thereby generating respirable dust. Plaintiff's treating doctor diagnosed asbestosis and predicted about 3 to 5 years before death by suffocation.

The defense team argued that (1) plaintiff enough insufficient exposure to get asbestosis, (2) plaintiff did not have asbestosis and (3) UCC warned Georgia Pacific of the dangers of asbestos in 1972 when UCC began started selling our product, and UCC did not have a duty to warn the end user. Plaintiff's demand was $10 Million.

Kravit, Leverson Named Wisconsin's Best
Milwaukee Magazine -- Sept., 2003

Stephen E. Kravit and Leonard G. Leverson, of the Wisconsin Nework firm Kravit, Gass, Hovel & Leitner s.c., were profiled in the September, 2003 issue of Milwaukee Magazine as two of Milwaukee's top 75 lawyers. The Milwaukee and southeastern Wisconsin area has more than 6,500 lawyers. Milwaukee Magazine based its rankings on a survey of Milwaukee lawyers and judges, who were asked to rate their peers.

Kravit was named one of the four best attorneys in the "Business Litigation and Corporate Counseling" category. The article states:

"[A] Harvard [University Law School] grad, litigator Stephen Kravit (Kravit, Gass, Hovel & Leitner) receives plaudits . . .. He does some white collar criminal defense work but mostly civil litigation. The 53 year old barrister is 'very bright, very sharp,' 'aggressive, a tough litigator'. . .."

Kravit was also named one of Milwaukee's best attorneys in the two prior surveys done by Milwaukee Magazine over the past 10 years.

Leverson was one of five attorneys named best in the "Bankruptcy" category. "Leonard G. Leverson (Kravit, Gass, Hovel & Leitner), 47, specializes in Chapter 11 bankruptcies . . .. The Harvard Law School graduate was a recent finalist for a vacancy in the U.S. Bankruptcy Court for Wisonsin's Eastern District this summer. One attorney calls him a 'brainiac.' 'He loves to get behind the fundamental legal principles and analyze the historic precedents,' says a peer.

Kravit, Gass, Hovel & Leitner s.c. is a 15 lawyer boutique litigation law firm, known for its special expertise in aggravated litigation, white collar criminal defense, and bankruptcy. KGHL is one of the Network's founding firms. Kravit served as the Network's fourth chairperson.
 

Tuesday, September 16, 2003

Kelly Corr Representing The Hearst Corp. in Historic Newspaper Battle to Save Seattle's Post-Intelligencer
Judge hears arguments; Ruling expected by September 25
Bill Richards -- Special to The Seattle Times -- 9/13/03

"Seattle's battling newspapers took their fight to a court hearing for the first time yesterday, arguing over whether their joint-operating agreement (JOA) allows The Seattle Times Co. to claim a financial loss in 2000 because of a 49-day strike against the Post-Intelligencer," and to shut down Seattle's only other major daily. Kelly Corr is working to save that newspaper.