Friday, March 25, 2005
FITZPATRICK SCARES UP HAUNTED HOUSE DEFENSE VERDICT
Jury Takes 30 Minutes to Bust Claim Against Universal Studios
Good old-fashioned lawyering will do it every time. In this case, it was cross-examination technique and research uncovering 3 prior worker compensation cases; divorce order affidavits; and two prior convictions on plaintiff's star eye witness that did the plaintiff in.
Plaintiff alleged that she was injured while going through the “Haunted House” at Universal Studios in October, 1999. She claimed that a 250 lb. man dressed as a haunted character jumped off a 6 ft. ledge and flattened her like a pancake, crushing her ankle.
However, plaintiff's first report to the Emergency Room was that a “character had stepped on her left big toe”. X-rays were negative.
Plaintiff went on to have ankle surgery and claimed that as a result she developed Reflex Sympathetic Dystrophy (RSD) – a horrible nerve pain syndrome – that affected her entire body rendereing her completely disabled.
Plaintiff's attorney presented a $5M life care plan – and huge “pain and suffering” damages. Plaintiff ballooned from 135 lbs to 350 lbs and became wheelchair bound.
Universal's local counsel opined that Universal would have to pay $2M to settle. The excess carrier declared the case had to be settled.
John Fitzpatrick got the call after mediation had broken down. After some investigation he urged Universal to pull its $500K offer and let him try the case to verdict.
After 4 days of trial in Federal Court this week, a jury returned a verdict for the defense in about 30 minutes.
Monday, March 21, 2005
HOODS GET GUNS FROM HUNTER
Grateful Client Arms Counsel with Shotguns
In an expression of gratitude for a great result (see story below), Rob Hunter (General Counsel) and Don Williams (Vice President) of Altec gave trial attorneys, Bobby Sr., Bobby Jr., and Jamie Hood top-of-the-line Merkel side-by-side model 47E shotguns.
Hunter said that the guns were tokens of appreciation for the hard work and efforts on behalf of Altec and the positive results that were achieved in the boom tip continuity lawsuit.
The guns were presented to the Hoods at a special dinner arranged for the Altec trial team at the Cypress Restaurant in Charleston, March 4, 2005.
The very next day, the Hoods used the guns shooting skeet to break them in. Word is that Big Daddy has the best eye putting everyone else to shame on the skeet range. The Hoods, being the common folk that they are, plan to use their guns during quail season with their dogs which are kept at the Hoods' farm a bit yonder south of Charleston, just like so many of us do here in New York.
Monday, March 14, 2005
STEVE KRAVIT AND C.J. KRAWCZYK (KRAVIT, HOVEL, KRAWCZYK & LEVERSON -- WI) WIN $10 MILLION SUIT FOR AURORA HEALTH CARE
Steve Kravit and C.J. Krawczyk, of the Wisconsin Network firm Kravit, Hovel, Krawczyk & Leverson s.c., obtained summary judgment in favor of their client Aurora Health Care on a contract dispute with Managed Health Services (a division of Centene, Inc.) after two years of litigation.
The Milwaukee County court found Aurora's contract to be "unambiguous" as to amounts to be reimbursed to Aurora for ambulatory surgery provided to Medicaid recipients through MHS.
The decision will likely result in damage recovery to Aurora of about $10 million. Aurora Health Care is Wisconsin's leading hospital system and the state's largest employer.
MHS was represented by Kirkland & Ellis of Chicago, and Michael, Best & Friedrich locally. David Petzold, Aurora vice president and Network guest at the Doral seminar in 2004, said "This case was Aurora's highest profile matter over the last year. Steve Kravit and C.J. Krawczyk did a superb job focusing the court, and in making a very complicated 39 page contract for health care reimbursement seem simple."
CRAIG MERKLE AND KELLY IVERSON (GOODELL DEVRIES LEECH & DANN -- MD) WIN MED MAL STANDARD OF CARE CASE
Disney v. McClain, et al., Circuit Court, Anne Arundel County, Maryland (2005). Craig B. Merkle and Kelly Hughes Iverson, both partners of GDLD, obtained a defense verdict in an obstetrical medical malpractice trial.Plaintiffs alleged that the infant claimant sustained cerebral palsy and permanent brain damage as a result of an alleged delay in the diagnosis and treatment of preterm labor in 1997.
Plaintiffs also alleged that the failure to diagnose this condition led to the premature delivery of the infant, which in turn led to the development of spastic diplegia and autistic spectrum disorder.
Plaintiffs asserted that the child’s conditions would require lifetime treatment and custodial care that, together with lost future income, amounted to more than $5 million in economic and non-economic losses.
During the course of the two-week trial, Mr. Merkle and Ms. Iverson presented expert testimony in the fields of obstetrics, neonatology, placental pathology, neurodevelopment pediatrics, life care planning and vocational and rehabilitation counseling.
The jury returned a verdict in favor of the defendant obstetricians, finding that there had been no breach in the standard of care.
ALABAMA SUPREME COURT JUSTICE GORMAN HOUSTON JOINS NETWORK'S ALABAMA FIRM -- LIGHTFOOT FRANKLIN & WHITE
Justice Houston joined Lightfoot, Franklin & White on March 1, 2005, after serving as an Associate Justice of the Supreme Court of Alabama from 1985 until his retirement on January 13, 2005.
A graduate of Auburn University, Justice Houston received his law degree in 1956 from the University of Alabama, where he was a member of Farrah Order of Jurisprudence and graduated first in his class. Following law school, Justice Houston served as a law clerk for Chief Justice J. Ed Livingston of the Supreme Court of Alabama and as a judge advocate in the United States Air Force. After military service, Justice Houston practiced law in Eufaula for twenty-five years until he was appointed to the Supreme Court on September 16, 1985. He was elected to that position in 1986, and was reelected in 1992 and 1998. He served as Acting Chief Justice of the Supreme Court of Alabama from August, 2003 to June, 2004.
Justice Houston has been married to the former Martha Martin since 1955; they have two children and four grandchildren. Before becoming a Supreme Court Justice, he was president of the Barbour County Bar Association, was a Bar Examiner and represented Barbour and Bullock Counties as a member of the Alabama State Bar's Board of Bar Commissioners. In 2004 Justice Houston received an Honorary Doctorate of Laws from Huntingdon College, the Douglass Cater Public Service Award from Auburn University at Montgomery and the Howell T. Heflin Award from the Mobile and Baldwin County Bar Associations.
Justice Houston will focus his practice on appellate advocacy in both state and federal courts.
LECLAIR RYAN -- FOUR OF VIRGINIA'S TOP FIVE 2004 DEFENSE VERDICTS
Virginia Law Weekly publishes the state's top defense verdicts each year. For 2004, John Fitzpatrick had three of the top five and Rodney Adams had one, giving Network law firm LeClair Ryan four of the top slots on that prestigious list. See 2004 VLW's Largest Defense Verdicts..
Sunday, March 13, 2005
NIXON PEABODY OFFERING FREE BREAKFAST PROGRAM ON DISCLOSURE OF ENVIRONMENTAL LIABILITIES UNDER SARBANES-OXLEY
James C. Hood, Bruce E. Rosenthal, and Jean H. McCreary of Nixon Peabody will be conducting a 2-hour breakfast program to provide public and privately-held companies with a roadmap to navigate the complex array of new securities laws, recent SEC and EPA interpretations, guidelines, and developing case law.
The Sarbanes-Oxley Act of 2002 covers much more than just accounting transparencies. SarbOx includes responsibilities for environmental reporting. Learn about recent demands on the SEC to change its regulations on environmental issue reporting.
-- Understand the existing legal and regulatory framework for Sarbanes-Oxley–based reporting—and the drivers for change;
-- Identify the emerging standards and guidelines that will apply to environmental reporting;
-- Learn the technical issues surrounding environmental reporting, ranging from under reporting of liability to failure to aggregate liabilities; and
-- Gain practical suggestions on how to gather the information needed
to make appropriate environmental disclosures.
This breakfast program is free of charge and is offered 7:30 a.m. to 10:00 a.m., Tuesday, April 12, 2005 at the Long Island Marriott Hotel & Conference Center, 101 James Doolittle Boulevard, Uniondale, New York 11553 (directions).
