Thursday, September 22, 2005
FOUR LAWYERS FROM SANDBERG, PHOENIX & VON GONTARD SELECTED FOR THE BEST LAWYERS IN AMERICA FOR 2005-2006
Sandberg, Phoenix & von Gontard, P.C. announced today that the following four attorneys have been selected to be included in The Best Lawyers in America for 2005-2006: John S. Sandberg (Commercial Litigation); G. Keith Phoenix (Personal Injury); Peter von Gontard (Personal Injury); and Kenneth W. Bean (Healthcare Law). The firm also announces that Diane S. Robben was named as one of Missouri's Up and Coming Lawyers by Missouri Lawyers Weekly.
Wednesday, September 21, 2005
15 LAWYERS FROM 8 NETWORK FIRMS LISTED IN THE INTERNATIONAL WHO'S WHO LEGAL DIRECTORY FOR PRODUCT LIABILITY DEFENSE
Who's Who Legal, "The International Who's Who of Business lawyers" has included 15 lawyers from 8 Network firms in their online directory for product liability defense.
From Blake Cassels & Graydon (Canada): Gordon McKee and Mary Jane Stitt.
From Deustch Kerrigan & Stiles (LA): Bob Kerrigan.
From Goodell Devries Leech & Dann (MD): Charles Goodell.
From Lightfoot Franklin & White (AL): Samuel Franklin, Warren Lightfoot and Jere White.
From Nixon Peabody (NY and MA): Sam Goldblatt and Joseph Leghorn.
From Snell & Wilmer (AZ): Vaugn Crawford and Warren Platt.
From Wheeler Trigg Kennedy (CO): John Trigg and Malcolm Wheeler.
From Wildman Harrold (IL): James Dorr and Peter Tomoras.
The site features over 5,000 private practice lawyers from over 90 national jurisdictions and their listings are based on knowledge derived from independent research conducted since 1996 by Law Business Research Limited in London.
Friday, September 16, 2005
CORR CRONIN GETS DISMISSAL OF SHOT-GUN KILLING AT HOMELESS SHELTER BY LEVEL III SEX OFFENDER EMPLOYEE WITH MULTIPLE PRIOR VIOLENT INCIDENTS
Corr Cronin Michelson Baumgardner & Preece LLP recently obtained a significant victory for a new client, Labor Ready, Inc. A wrongful death claim against the company for $15 million was dismissed on summary judgment.
The client is the biggest day labor company in the world. Plaintiff alleged that the company hired a Level III sex offender who had multiple prior violent felony convictions. Plaintiff alleged that defendant failed to perform a background check on the employee, and on January 2, 2004 defendant placed the employee in a janitor's job at a shelter for homeless women.
Plaintiff claimed that the employee met plaintiff's decedent at the shelter and killed her on March 17, 2004 with a sawed-off shotgun. Plaintiff's decedent left behind a ten year-old son without a mother.
Plaintiff was represented by a top-notch plaintiff firm with numerous multi-million dollar personal injury judgments and settlements. Suit was commenced on November 30, 2004. Initially the company hired another law firm -- one of the largest firms in the Northwest -- to defend it. But, on May 24, 2005, the company changed attorneys and hired Corr Cronin.
Corr Cronin investigated the case immediately upon being retained, obtained a number of favorable affidavits, took some key depositions, performed necessary legal research, and promptly moved for summary judgment based on lack of legal causation. Plaintiffs filed a 62-page brief in opposition, along with 18 opposing affidavits.a
After hearing oral argument last week, Friday, September 9, 2005, the Pierce County Superior Court granted the defendant's motion for summary judgment and dismissed plaintiff’s case. Kelly Corr, Kelsey Joyce and Andy May defended Labor Ready.
This month, Kelly Corr referred Labor Ready to, and the company recently hired, Akerman Senterfitt to defend it in a different case in Florida.
Thursday, September 15, 2005
SEAT BELT DEFENSE VERDICT FOR SNELL & WILMER
Snell & Wilmer partner Patrick Fowler and associate Craig Logsdon won a unanimous defense verdict on behalf of Ford Motor Company in an August wrongful death trial in Phoenix. The allegation in Pena v. Ford Motor Co. was that a seatbelt buckle in a 1997 Expedition came unlatched during an accident, allowing the driver to be ejected and killed.
Ford contended -- and the jury found -- that the seatbelt functioned properly, and that the driver simply was not wearing it on the morning of the accident.
Plaintiffs were the three children of the driver. To attempt to establish that the driver was wearing her seatbelt at the time of the accident, they relied on "habit" testimony from family members and friends that their she always wore her seatbelt. Plaintiffs claimed that when the driver put her seatbelt on the morning of the accident, that it only partially engaged, leaving it vulnerable to coming unlatched when loaded by the driver. Plaintiffs asked the jury for a $3.6 million reward against Ford.
Ford countered Plaintiffs' "habit" testimony by showing that the driver was not following her habits on the morning of the crash. She was rushed because she was very late for work and was speeding when the crash occurred. Ford demonstrated that the TRW seatbelt operated properly through its own testing and the fact that a police officer tested the buckle at the scene and found it to be operational. Furthermore, Ford's experts explained that there was not any evidence consistent with a seatbelt coming unlatched during an accident, such as load marks on the seatbelt or on the driver's body. Ford also showed that the crash was caused by the negligence of another driver who turned into the Expedition.
The case was heard in Maricopa County Superior Court. Both Mr. Fowler and Mr. Logsdon are members of Snell & Wilmer's Product Liability practice group in the firm's Phoenix office.
Wednesday, September 14, 2005
DEUTSCH KERRIGAN IS UP AND RUNNING FROM NEW OFFICES
Please see Bob Kerrigan's letter to clients and other friends of his firm today for some upbeat good news about his firm and the improving conditions along the gulf coast.
Special thanks to Network member law firm Beirne Maynard & Parsons which came through with completely outfited working space (desks, phones, computers, Internet, software, etc.) for 15 DK&S attorneys who have temporarily relocated to Houston pending return to their New Orleans and Gulfport offices.
The Network of Trial Law Firms assisted the firm by developing and hosting a temporary website, a bulletin board that receives approximately 1,000 hits per day, and a registration page and in other ways.
-------------------
Bob writes:
"Our New Orleans office is high, dry and not damaged, and we are up and running in five cities. The last two weeks have certainly been an adventure. Our contact information and office locations are above. We have lawyers working in each of these locations, and others in Tennesse, Maryland, Florida and Arkansas.
"Our building is ready for us back in New Orleans. Since we own it, all we need is power and water in order to get back in. We went to our New Orleans office last week with necessary security personnel and retrieved our servers; we are receiving email through our contingency
email addresses.
"On a personal note, I was on vacation in Colorado when Katrina hit our city. From there I arrived in Houston, where
Beirne, Maynard & Parsons (our
Network firm) graciously gave us temporary offices to operate. My home is high and dry, and we cannot wait to return home once electricity, as well as the political bureaucratic landscape, returns to positive flow.
"We are moving ahead and making progress; we are back to work; we are open for business. Our relationship with you means volumes to me! If you have additional questions that I may address, please feel free to contact me.
"All the best,
"Bob"
Bob's contact information is:
713-963-5609 (direct dial)
713-963-6838 (fax)
504-289-0051 (cell)
email:
rkerrigan@deutschkerrigan.com
Wednesday, September 07, 2005
In Katrina's Wake, Law Firm Disaster Teams See Action
New Orleans' 7,500 lawyers struggle to salvage lives, businesses
Leigh Jones
The National Law Journal
09-07-2005
[New Orleans law firm Deutsch Kerrigan's emergency website, bulletin board and email server were up and running (from a backup site in Baltimore) within hours of the last week's hurricane. And, virtually all firm employees have checked in from their new temporary quarters with family and friends in surrounding states. This article reports that other firms have not fared as well.]
Monday, September 05, 2005
HOW TO HELP
The following are accepting donations for aid they or affiliates will provide to those affected by Hurricane Katrina.
American Red Cross
PO Box 37243
Washington, DC 20013
(800) HELP-NOW
www.redcross.org
The American Red Cross is serving as the lead non-government agency to deal with the needs of those who are in immediate crisis. You can make donations to the American Red Cross by calling 1-800 HELP NOW (1-800-435-7669) or via the internet at www.redcross.org/donate.
Adventist Community Services
1-800-381-7171
www.adventist.communityservices.org
America's Second Harvest
35 E. Wacker Dr., Ste. 2000
Chicago, IL 60601
(800) 771-2303
www.secondharvest.org
AmeriCares
88 Hamilton Ave.
Stamford, CT 06902
(800) 486-HELP
www.americares.org
AmeriCares reports that it is working urgently to bring aid to the survivors of Hurricane Katrina. Americares states, "[a]s we are still early in the hurricane season, your donation will enable AmeriCares to bring assistance to those most in need in the aftermath of Katrina, and to be prepared to bring immediate relief after future hurricanes. Secure online credit card donations can be made by using an on-line form. If you prefer to contribute by phone, please call 1-800-486-HELP (4357)."
The Baton Rouge Area Foundation
402 N. Fourth Street
Baton Rouge, LA 70802
(877) 387-6126
www.braf.org
B'nai B'rith Disaster Relief Fund
2020 K St., NW, 7th Floor
Washington, DC 20006
(202) 857-6600
www.bnaibrith.org
Catholic Charities USA
PO Box 25168
Alexandria, VA 22313-9788
(800) 919-9338
www.catholiccharitiesusa.org
Christian Disaster Response
941-956-5183 or 941-551-9554
www.cdresponse.org
Christian Reformed World Relief Committee
1-800-848-5818
www.crwrc.org
Church World Service
1-800-297-1516
www.churchworldservice.org
Convoy of Hope
330 S. Patterson Ave.
Springfield, MO 65802
(417) 823-8998
www.convoyofhope.org
Corporation for National and Community Service Disaster Relief Fund
(202) 606-6718
www.nationalservice.gov/about/donations/index.asp
Disaster Psychiatry Outreach
1-212-598-9995
www.disasterpsych.org/default.aspx
Episcopal Relief and Development
815 Second Avenue
New York, NY 10017
(800) 334-7626
www.er-d.org
Feed the Children
1-800-525-7575
www.feedthechildren.org
Gifts In Kind International
333 North Fairfax Street
Alexandria, VA 22314
(703) 836-2121
www.giftsinkind.org
Habitat for Humanity International
121 Habitat St
Americus, GA 31709
(229) 924-6935
www.habitat.org
Humane Society of the United States
HSUS Disaster Relief Fund
HSUS
Dept. DRFHBM
2100 L Street, NW
Washington, DC 20037
(888) 259-5431
www.la-spca.org
ICNA Relief
166-26, 89th. Avenue
Jamaica, NY 11432
(718) 658-7028
www.icnarelief.org
Islamic Relief
P.O. Box 6098
Burbank, CA 91510
(888) 479-4968
www.irw.org/donate/
Legal Community Relief Fund
The Hurricane Katrina Legal Community Relief Fund has been established by the Louisiana State Bar to assist lawyers who lost their homes and offices in the storm. Click here for more about the Fund. Donations can be sent to: Hurricane Katrina Legal Relief Fund, c/o Baton Rouge Bar Foundation, 544 Main Street, Baton Rouge, LA 70802
Lutheran Disaster Response
800-638-3522
www.lwr.org
Mennonite Disaster Service
717-859-2210
www.mds.mennonite.net
Mercy Corps
Dept. W
P.O. Box 2669
Portland, OR 97208-2669
(888) 256-1900
www.mercycorps.org
National Voluntary Organizations Active in Disaster
P.O. Box 151973
Alexandria, VA 22315
(703) 339-5596
www.nvoad.org
Nazarene Disaster Response
888-256-5886
www.nazarenedisasterresponse.org
The Network for Good
8615 Westwood Center Dr.
Suite 1A
Vienna, VA 22182
(866) 650-4636
www.networkforgood.org
Operation Blessing
1-800-436-6348
www.ob.org
Operation USA
8320 Melrose Ave., Suite 200
Los Angeles, CA 90069
(323) 658-8876
www.opusa.org
Presbyterian Disaster Assistance
800-872-3283
www.pcusa.org/pda/
Salvation Army
P.O. Box 4857
Jackson, Miss. 39296-4857
(800) SAL ARMY
www.salvationarmy.org
Salvation Army volunteers, employees and officers are serving residents and first responders in the aftermath of Hurricane Katrina in what is expected to be a multi-million dollar relief effort. Latest news and information about how you can help, including financial and in-kind (property) donations and volunteer work.
Southern Baptist Convention -- Disaster Relief
1-800-462-8657, ext. 6440
www.namb.net/dr/
Union for Reform Judaism
urj.org/give/index.cfm
United Jewish Communities
UJC, Inc. Hurricane Katrina Disaster Relief
P.O. Box 30
Old Chelsea Station
New York, NY 10113
(877) 277-2477
www.ujc.org
United Methodist Committee on Relief
PO Box 9068
New York, NY 10087-9068
(800) 554-8583
gbgm-umc.org
United Way of America: The United Way Hurricane Katrina Response Fund has been activated to help affected communities begin rebuilding their lives. All funds will be allocated for both front-line disaster relief and long-term recovery needs as determined by local United Ways in affected areas, in coordination with a vast network of human services agencies and volunteer centers. To donate to this fund, you can go to www.unitedway.org and click on "Hurricane Katrina Response Fund." Credit card donations may also be made by calling 1-800-272-4630 or by mailing a check (made out to United Way of America with "Hurricane Katrina Fund" in the memo line) to:
United Way of America
P.O. Box 630568
Baltimore, MD 21263-0568
World Vision
P.O. Box 9716
Federal Way, WA 98063-9716
(888) 511-6548
www.worldvision.org
JOBS FOR DISPLACED LEGAL WORKERS
Websites are posting job opportunities for paralegals and legal secretaries and other legal industry workers displaced by Hurrican Katrina. Here are some examples:
Atlanta: Paralegal Job
Boston: Bankruptcy Legal Secretary;
Fort Lauderdale: Legal Assistant
Houston: Litigation Paralegal; Litigation Paralegal; Bilingual (Spanish-English) Legal Assistant
Maryland: Title Processor
Philadelphia: Legal Secretary
Spokane: Legal Secretary or Paralegal
Sunday, September 04, 2005
HOW YOU CAN HELP HURRICANE VICTIMS:
America Red Cross: The American Red Cross is serving as the lead non-government agency to deal with the needs of those who are in immediate crisis. You can make donations to the American Red Cross by calling 1-800 HELP NOW (1-800-435-7669) or via the internet at www.redcross.org/donate.
United Way of America: The United Way Hurricane Katrina Response Fund has been activated to help affected communities begin rebuilding their lives. All funds will be allocated for both front-line disaster relief and long-term recovery needs as determined by local United Ways in affected areas, in coordination with a vast network of human services agencies and volunteer centers. To donate to this fund, you can go to www.unitedway.org and click on "Hurricane Katrina Response Fund." Credit card donations may also be made by calling 1-800-272-4630 or by mailing a check (made out to United Way of America with "Hurricane Katrina Fund" in the memo line) to:
United Way of America
P.O. Box 630568
Baltimore, MD 21263-0568
Salvation Army: Salvation Army volunteers, employees and officers are serving residents and first responders in the aftermath of Hurricane Katrina in what is expected to be a multi-million dollar relief effort. Latest news and information about how you can help, including financial and in-kind (property) donations and volunteer work.
Americares: AmeriCares reports that it is working urgently to bring aid to the survivors of Hurricane Katrina. Americares states, "[a]s we are still early in the hurricane season, your donation will enable AmeriCares to bring assistance to those most in need in the aftermath of Katrina, and to be prepared to bring immediate relief after future hurricanes. Secure online credit card donations can be made by using an on-line form. If you prefer to contribute by phone, please call 1-800-486-HELP (4357)."
Friday, September 02, 2005
RESPONSE OF NETWORK MEMBER FIRMS TO HURRICANE KATRINA:
In recent days, I have been contacted by member firms making contributions to relief efforts. If you need ideas, here's what some of our member firms are doing:
a. One firm has encouraged all attorneys and staff to participate. And the firm itself is making a major contribution. "We are doing it thru the American Red Cross. Various entities are raising money for legitimate charities, including for the American Red Cross, but several take a piece off the top. It is much better to give directly to the charity of one's choice."
b. "We are making matching and direct contributions to several organizations. Several of our attorneys and staff are working at various locations to lend assistance."
c. "We are matching contributions to American Red Cross. Also making it easy by allowing deductions from draw accounts. The firm has appointed certain folks in charge of the effort."
d. One firm phoned seeking information about charities.
e. One firm is matching contribution up to $1,000 per attorney and staff person for donations made to American Red Cross.
f. Another firm made a large contribution plus donated the proceeds from their food cafe for two days to the Red Cross. "Many many people have made contributions individually."
g. "A large donation from the firm, plus many partners are making individual gifts. We did this on Tuesday. As the full demension of this grows, I'm sure we will do more."
h. "The firm has identified three charities (American Red Cross, Americares, United Way) and is matching contributions of its employees and attorneys." Also, more than two dozen partners at this firm are annual large contributors to The Tocqueville Society.
i. "We are in the process of forming a charitable foundation and are now looking at doing something in connection with Katrina as part of the launch of that foundation."
j. "We have decided to institute a program through the American Red Cross, in which our attorneys and staff make contributions toward a Katrina Fund and the firm will match those contributions dollar for dollar up to a certain limit. We just sent out the email earlier this afternoon. Based on responses already received, I am certain that the fund will receive significant contributions."
k. "Our firm has made a significant donation to the Red Cross."
l. "Our firm is making a significant contribution to the Red Cross plus matching donations of employees."
ABA's RESPONSE TO HURRICANE KATRINA
The ABA has set up a database to collect names, specialties and contact information of attorneys willing to assist pro bono to aide victims of Hurricane Katrina.
To register for pro bono service.
The ABA is also establishing a network of firms that can offer space and/or equipment to displaced attorneys. To offer space to displaced attorneys.
ABA president, Michael Grecco wrote to members:
"America’s strength and character are once again being tested. This week we have witnessed the devastation wrought by Hurricane Katrina on New Orleans, LA, Biloxi, MS and much of the Gulf Coast. Millions of people are suffering the life-threatening aftereffects of this catastrophe. Many members of the American Bar Association have also been directly affected by the storm’s fury and are struggling to cope with the loss of their homes and property, and damage to their practices. The American Bar Association extends to all our deepest concern and prayers for their safety and that of their loved ones.
"In the aftermath of the disaster, Americans have rallied to provide assistance to those whose lives have been shattered. The ABA joins in this effort. I am today appointing the ABA Task Force on Hurricane Katrina comprised of representatives of the many key constituencies necessary to address the massive effort which lies ahead. The Task Force will be chaired by former ABA President, N. Lee Cooper of Birmingham, AL. Its first meeting will be immediately after Labor Day. This stellar group will enable the ABA to help individual victims of the hurricane, small businesses, lawyers, law schools, students, military personnel and others as we cope with this unprecedented natural disaster in our country.
"Additionally, we have established a website to assist in these efforts that will be continually updated over the coming weeks as more information and resources are made available. You may access the ABA home page at www.abanet.org, where you can volunteer to provide legal assistance, find information on making donations for disaster relief and receive guidance on how you can most effectively help the victims of the hurricane. For our members directly impacted by the disaster resources are available on rebuilding a law practice and disaster recovery plans.
"In addition to providing assistance to lawyers the ABA web site also serves as a valuable resource for the general public, offering referrals, hotline numbers, assistance for military personnel, small business owners and others.
"Although Katrina’s damage is great, America’s response will be greater. The ABA and its members will do our part to help the country recover and rebuild. Together we can, and we will, get through these trying times.
"Sincerely,
Michael S. Greco"
ABA President
---------------------------------------------
NEW YORK CITY BAR ASSOCIATION'S RESPONSE TO HURRICANE KATRINA
This message was sent by the president of the New York City Bar today.
"I write to update you on the efforts of the New York City Bar to coordinate assistance to the communities that have been devastated by the hurricane. Hurricane Katrina not only serves as a profound reminder of the fragility of human life, but will also undoubtedly remind us of the importance of community and the incredible resolve of the human spirit.
"As attorneys in the service of others, we recognize that the immediate needs of the hurricane victims will be followed by other challenges, including legal issues. In that regard, I have reached out to leaders of the bar associations in the region to offer the knowledge and technical assistance the New York City Bar acquired during the September 11th crisis. We have sent them copies of "Public Service in a Time of Crisis" a report that outlines the emergency legal response taken by the New York City legal community to address the legal needs of victims. For those of you who are interested, the link to this report is available at: www.abcny.org/CityBarFund/pdf/publicservice911.pdf. We have also offered to assist our colleagues - the hundreds of lawyers and firms who have been indefinitely displaced from their offices - with relocation efforts, logistical support and continued client servicing.
"Many times since September 11th, we have been moved here at the City Bar by the outpouring of support from the global legal community and the eagerness and generosity of the Bar to help the public and one another. I am certain that the response by the legal community in this instance will be no exception. Many of you will want to make a financial contribution to the relief efforts. Both the ABA and the NYSBA websites, www.abanet.org or www.nysba.org have information about making such donations. The New York City Bar Association will be hosting a meeting here next week of law firm and corporate pro bono coordinators to help coordinate our collective relief efforts.
"I encourage you to reach out to me at bplevan@nycbar.org if you have ideas for how this Association could be more responsive, or to reach out to Maria Imperial, the Executive Director of the City Bar Justice Center, at mimperial@nycbar.org if you would like to volunteer for possible future pro bono projects related to Hurricane Katrina.
"Bettina B. Plevan
President
New York City Bar Association
42 West 44th Street
New York, NY 10036
www.nycbar.org"
Thursday, September 01, 2005
JACKSON, MS -- NEWS FROM FORMAN PERRY
Although nothing like New Orleans' disaster, nevertheless, property damage and ulitity outages are widespread. We've posted a bulletin board for those persons at our Mississippi member firm who have electricity to stay in touch.
NEW ORLEANS -- LATEST NEWS ABOUT DEUTSCH KERRIGAN LAW FIRM -- UPDATED
Contact Information:
We have the following contact information (supplemented as we receive additional information).
Office in Lafayette, Louisiana:
Duris Holmes, Don Champagne, Markel Currault are now officed in Lafayette (approx. 2-1/2 hours west of New Orleans), reachable at 337-232-9700, x224.
Online Registration Page:
DKS attorneys and staff are requested to use this form to provide us with current contact information.
Online Bulletin Board:
DKS attorneys and staff are urged to use our online bulletin board to post and read messages. (The board is moderated so only legitimate messages will make their way to the board. There is a time delay between posting your message and reading it on the site because all messages will be screened.)
Temporary Website:
DKS' contingency website is operational at www.DeutschKerrigan.com.
Each DKS attorney and staff person for whom we have information now has an email address there in the form [firstname][lastname]@DeutschKerrigan.com.
Firm Extranet:
The firm's extranet/intranet is accessible to firm personnel via: www.ams-legal.net/dkslaw.
What To Do:
Firm attorneys and personnel are urged to do the following:
1. Register with your current contact information;
2. Read the bulletin board for news from DKS contributors, and post news of your own; and
3. Contact Ellis Mirsky at The Network of Trial Law Firm's offices at any time: 914-332-4400 (office), 914-844-1571 (cell) or Edd Schillay at edd@trial.com, with any questions and to report your condition, status and contact information.
Please check here from time to time for additional updated information.
Thank you.
NEW ORLEANS -- 5TH CIRCUIT TO RELOCATE TEMPORARILY
John Council
Texas Lawyer
09-01-2005
As Hurricane Katrina and growing floodwaters have turned the New Orleans business district into a legal ghost town, officials at the 5th U.S. Circuit Court of Appeals are making plans to relocate the court.
Several breaks in the levees that surround the city have caused water to rise around the marble walls of the John Minor Wisdom Courthouse, which houses the 5th Circuit. The city's electricity is expected to be out for a month or more.
"We can't return to the building anytime soon," says Carolyn Dineen King, chief judge of the 5th Circuit. "So we have to have an alternative site. The question is, where?"
While Houston, where King's chambers are based, may be a logical choice, it still will be a difficult decision. King believes the temporary location of the court will be selected by Friday.
"There's a natural inclination on the part of our employees to want to be near New Orleans. And so that's what we're trying to look at," says King, who adds that the court employs about 200 people at its base in New Orleans. "We're looking at Houston, and we're looking at several locations."
