Friday, June 24, 2005
DIAGNOSING FOR DOLLARS
Fortune Magazine picks up Forman Perry's work exposing massive fraud in mass tort medical diagnosis
A court battle over silicosis shines a harsh light on mass medical screeners—the same people whose diagnoses have cost asbestos defendants billions.
By Roger Parloff
May 21, 2005
Fortune magazine's latest issue highlights the groundbreaking work being done by the Forman Perry law firm (the Network's Mississippi law firm member) exposing fraud in the medical diagnoses of thousands of so-called asbestos and silica victims.
Friday, June 17, 2005
"PLAINTIFFS' MECCA" TURNS OUT TWO BIG DEFENSE WINS
The national spotlight, and a visit by President Bush, may be having an impact
Dee McAree - The National Law Journal - 06-16-2005
Recent defense verdicts out of Madison County, Ill., over the past month may be a sign that the county -- considered a national haven for plaintiffs lawyers -- is becoming more hospitable to defendants.
"The people of Madison County are moving away from an extremely pro-plaintiffs' position and moderating back to the center," said Jeffrey Hebrank, vice president of the Illinois Association of Defense Trial Counsel, and a partner at Burroughs, Hepler, Broom, MacDonald, Hebrank & True in Edwardsville, Ill., who litigated a recent asbestos trial in Madison County.
Jurors in Madison County Circuit Court returned two defense verdicts this month: one in an asbestos case against General Electric Co., Gudmundson v. G.E., No. 03-L-538, and the other a medical malpractice trial, Wolfe v. Southwestern Illinois Health FAC. Inc., No. 03L2022.
In a third trial in May, Madison County jurors awarded a 78-year-old plaintiff with admitted asbestos-related mesothelioma damages of $50,000 -- far short of the $50 million that plaintiffs lawyers had asked for. King vs. Bondex International, No. 04-L-579.
PRESSURE AVERTED?
Plaintiffs lawyers charge that forces have descended on the county to systematically pressure jurors away from awarding money.
The heat of a national spotlight, a partisan newspaper published by the U.S. Chamber of Commerce and a visit from President Bush are just some of the factors influencing jurors to think beyond the facts of the case about how their verdict will affect the economy and the county's reputation, plaintiffs attorneys assert.
"There are plenty of places in favor of tort reform, but I've never tried a case in an environment like that," said David Greenstone, plaintiffs counsel in the G.E. trial, which was his first case in Madison County.
Greenstone's firm, Waters & Kraus of Dallas, was lead counsel in the two asbestos cases in Madison County this month. "There seemed to be a number of forces at work trying to keep the verdict down and keep the jury from awarding money," added Greenstone.
G.E.'s defense counsel, John M. Fitzpatrick of LeClair Ryan in Richmond, Va., said asbestos trials have been rare in Madison County, with only about one a year in the last 20 years. Plaintiffs lawyers too often expect asbestos defendants to roll over because it's Madison County, he said.
This was G.E.'s first time taking an asbestos case to verdict, and its motion to get the case moved from Madison County was denied in January.
"We can always look for excuses, but I tend to think this verdict had nothing to do with the fact that it was filed in Madison County, so much as that it was just an exceptionally weak case," Fitzpatrick said.
Defense lawyer Timothy S. Richards of Neville, Richards & Wuller in Belleville, Ill., who won the medical malpractice verdict, said Madison County jurors were attuned to the facts of his case and not reacting to social pressures. Richards said he spoke with jurors after the verdict.
"Basically, they found that the medical defense was convincing," said Richards. "There was nothing about this idea that we have to do something about a medical malpractice crisis."
Lawyers on both sides say they are still not convinced there was ever anything skewed about Madison County to begin with. But if the defense is on a winning streak, local plaintiffs lawyers are not rattled by it.
"If you believe all the rhetoric, you would think that defense verdicts didn't happen in Madison County," said Brad Lakin of The Lakin Law Firm in Wood River, Ill.
Lakin asserted that a lot of money has been spent to present a distorted image of the county. He points to a $43 million plaintiffs' verdict he won against Ford over a fuel tank explosion in April as evidence that jurors in Madison County can quickly swing the other way. Jablonski v. Ford, No. 03-L-2-O-27.
Ed Murnane, of the Illinois Civil Justice League, which advocates tort reform on behalf of member insurance companies and medical providers, said changes are under way in Madison County, and both sides are right about them.
The pendulum is swinging, he said, because jurors are paying more attention. "People in Madison County are tired of living in a jurisdiction that has been subjected to ridicule," Murnane said. "It's appropriate for jurors to ask questions about how far they should go and has the system here been going too far."
Wednesday, June 15, 2005
Effective Collaboration: 20 Practical Considerations for Corporate Counsel to Obtain Value While Containing Costs
Developing effective collaboration is much more of an “art” than “science.” In accessing the effectiveness of your collaborative efforts, consider how you have dealt with the issues discussed in this article.
By W. Scott O’Connell and Marcus E. Cohn, PC.
Scott O’Connell is the leader of Nixon Peabody LLP’s Financial Services and Securities Litigation Team, which focuses on defense of financial institutions, securities litigation, corporate governance and derivative actions, and closely held business disputes. Marcus Cohn’s practice has focused on litigation, trial, and appeals of cases in state and federal courts.
June 15, 2005
PDF: Effective Collaboration: 20 Practical Considerations for Corporate Counsel to Obtain Value While Containing Costs
Tuesday, June 14, 2005
CNA HEALTHPRO NAMES JOHN FITZPATRICK LITIGATOR OF THE YEAR
The following press release was issued today by Tim Shea, CNA HealthPro Claims:
Known as “Fitz,” our HealthPro Claim Litigator of the Year is a true “Renaissance Man.” Born in Chicago, Illinois, he was a piano soloist with the Chicago Symphony Orchestra at the age of 16. An Airborne Ranger, he graduated with honors from West Point in 1974, and then Cum Laude from Notre Dame Law in 1981.
Fitz began his career with the Judge Advocate General’s Office, representing military doctors and hospitals. A partner with the firm of LeClair, Ryan, in Richmond, Virginia, Fitz began working with CNA in 2002 when he was recruited by Davis Carr as a CLEM SWAT attorney. Since then, he has tried numerous cases for CNA, with an unmatched success rate. As a litigator, since 1990 when he went into private practice, he has tried 120 medical malpractice cases to verdict, winning 116. This is a 96% success rate.
Always willing to lend a hand, Fitz is indefatigable, and generous with his time, and skill. He is a founding member of the HealthPro National Birth Trauma Counsel program, and is frequently called upon to evaluate, monitor, and try our high exposure Birth Trauma cases. In addition to medical malpractice cases, Fitz has made a name for himself defending mesothelioma (asbestos) cases across the country. When asked, he will tell you he is a defense attorney, which is his modest way of telling you that if we at CNA have a troublesome case in a bad jurisdiction, regardless of the Line of Business, he is the Litigator to call. He has tried to verdict cases for CNA in just such venues in the States of Florida, Ohio and Texas.
This maverick will espouse that he is a very lucky man. He has a job he loves, and a wonderful wife and family who stand by him, despite all of the long hours and travel away from home. We ask that you join us in congratulating John M. Fitzpatrick, Esq. as HealthPro Claim Litigator of the Year.
Tuesday, June 07, 2005
ALSCHULER GROSSMAN STEIN & KAHAN’S ENTERTAINMENT AND BUSINESS LITIGATION DEPARTMENTS RECEIVE TOP RANKING BY CHAMBERS USA
Larry Stein and Marshall Grossman Take Top Spots In The Individual Rankings For Media & Entertainment Litigation and Commercial Litigation
Alschuler Grossman Stein & Kahan’s Entertainment and Business Litigation Departments received leading rankings in this year’s Chambers USA: America’s Leading Lawyers for Business. The 2005 guide recognized AGSK’s team of litigators in the areas of Media & Entertainment: Litigation; Litigation: General Commercial; Insurance; and Bankruptcy. See guide here.
The highlights include:
- AGSK’s Entertainment & Media Department Ranked #1 in Media & Entertainment Litigation;
- Larry Stein ranked #1 in the individual rankings for Media & Entertainment Litigation;
- Marshall Grossman ranked #1 in Litigation: General Commercial individual rankings; and a top ranking in the Media & Entertainment: Litigation category.
Chambers additionally applauded the firm’s Litigation: General Commercial, Bankruptcy, and Insurance practice areas. Managing Partner Bruce Friedman (Insurance) and attorneys Frank Kaplan (Insurance) and Henry S. David (Bankruptcy) also were identified as individual lawyers who were lauded by their peers and clients in their respective practice areas.
Chambers USA researchers conducted over 7,000 in-depth interviews with clients and with attorneys. Only top law firms and top attorneys are listed, and then ranked on a scale of 1-6. The directory also contains detailed and independently researched editorials describing each listed law firm and its strengths, details of recent work, quotes from clients and peers, and a list of active clients within each practice.
Alschuler Grossman Stein & Kahan LLP is a Los Angeles-based law firm and enjoys a national reputation for vigorous and creative advocacy in complex business and entertainment litigation and business transactions. This select group of lawyers is committed to finding practical solutions that produce tangible and cost-effective results for its clients. Established in 1952, the firm has 100 lawyers.
Also:
In Alabama: Lightfoot, Franklin & White, LLC
In Arizona: Snell & Wilmer LLP
In Colorado: Wheeler Trigg Kennedy LLP
In Florida: Akerman Senterfitt
In Georgia: Weinberg Wheeler Hudgins Gunn & Dial, LLC
In Illinois: Wildman Harrold
In Indiana: Ice Miller
In Maryland: Goodell, DeVries, Leech & Dann, LLP
In Michigan: Dykema Gossett PLLC
In Mississippi: Forman Perry Watkins Krutz & Tardy LLP
In New Jersey: Lowenstein Sandler PC
In New York and Massachusetts: Nixon Peabody LLP
In North Carolina: Moore & Van Allen, PLLC
In Ohio: Thompson Hine LLP
In Texas: Beirne Maynard & Parsons, LLP
In Virginia: LeClair Ryan, PC
In Washington: Corr Cronin Michelson Baumgardner & Preece LLP
Friday, June 03, 2005
HERE WE GO AGAIN -- FITZ TAKES DEFENSE VERDICT IN MADISON COUNTY
Jury Needed Only 20 Minutes to Find for GE in Asbestos Mesothelioma Case
GE must have known what it was doing when it sent veteran trial lawyer John Fitzpatrick into Madison County, reputed to be the nation's worst venue for personal injury litigation, to defend a mesothelioma case brought by the wife of a Navy veteran whose asbestos exposure allegedly arose from his work as an electrician and in the laundry room of the USS Bausell, a 350-man warship.
A co-worker described how plaintiff's decedent handled asbestos-laden work clothing and worked near GE turbines covered with asbestos that was frequently disturbed by other workers.
GE's attorney, John Fitzpatrick, argued that plaintiff's decedent had never been directly exposed to the GE turbines. He also argued that GE designed the turbines according to strict Navy specifications and that GE delivered them to the Navy without the insulation; that the Navy later bought insulation from another manufacturer and had it installed.
The case was marked by references to the plaintiff's and her decedent's long love for each other and for the social activities they did together. Descriptions of the great pain decedent suffered also characterized the case and emphasized the "attractive plaintiff" aspect.
Plaintiff's asbestos expert, a medical pathologist who practices at Massachusetts General Hospital, said that plaintiff's decedent's exposure to asbestos from GE's turbines was a "substantial factor in causing mesothelioma." Evidence was introduced that quarts of fluid had to be drained from decedent's lungs and about the pain the decedent suffered.
During cross examination by Fitzpatrick, plaintiff's expert acknowledged that in the past three years plaintiffs' attorneys around the country paid him $750,000 to work on their asbestos cases and to testify at trials.
Fitz reports that the jury took 20 minutes to return with a defense verdict.
See story.
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Thursday, June 02, 2005
WEINBERG WHEELER WINS ALTEC CUP
Beats Other Law Firms in Sporting Clays Competition Benefiting Boy Scouts
WWHGD Team Captain Carol Michel receives the Altec Cup from Don Williams, Sr. Vice President and CFO of Altec
A team from the Atlanta-based firm of Weinberg, Wheeler, Hudgins, Gunn & Dial, led by Carol Michel, won this year's competition for the Altec Cup, held in conjunction with the Birmingham Sporting Clays Classic. In its 10th year, the Birmingham Sporting Clays Classic has now raised over $1 million to support the Boy Scouts of America.
The annual competition for the Altec Cup is among the law firms representing Altec, Inc., with teams composed of law firm members or employees, their spouses, and their clients.
Rob Hunter, General Counsel of Altec, summed up the competition by saying "the very best attorney/client relationship is that which evolves into true friendship, and that is no more evident than when you work together, as in this competition, to support a charitable cause." This is the eighth consecutive year that Weinberg Wheeler has participated in this event.
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