Law Firm News

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O'Melveny & Myers, LLP

Powers and Lifland Author "'But For' Causation in Defective Drug and Toxic Exposure Cases: California's Form Jury Instruction CACI 430"
O'Melveny-San Francisco counsel Matt Powers and Los Angeles partner Charlie Lifland are the authors of "'But For' Causation in Defective Drug and Toxic Exposure Cases: California's Form Jury Instruction CACI 430" which appears in the Association of Corporate Counsel's Summer 2007 Newsletter. The article explains why one of California's form jury instructions can be confusing for jurors in many defective drug and toxic exposure cases. The authors suggest arguments that counsel representing defendants in such cases can make to avoid improper instructions and minimize the chance of juror confusion.

08-22-2007

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McGuireWoods LLP

Ninth Circuit Rules in Favor of League
McGuireWoods LLP partner Leslie M. Werlin successfully represented a group of residents in The League of Residential Neighborhood Advocates v. the City of Los Angeles (Ninth Circuit Appeal No. 06-56211) when a federal appeals court overturned a lower court’s decision that had permitted an Orthodox Jewish congregation to operate a synagogue in the Los Angeles neighborhood of Hancock Park pursuant to a settlement agreement entered into between the City and the congregation.

The U.S. 9th Circuit Court of Appeals’ opinion, released on Tuesday, August 21, ruled that the settlement agreement is invalid and unenforceable under state law and that the district court had improperly dismissed the residents' challenges to that agreement. The Court held that the City could not legally approve a settlement agreement that “authorized the City (of Los Angeles) to disregard its own zoning ordinances” when there was no finding that a federal law had been or would be violated.

“The League and the neighbors believe that the decision is an important precedent which re-affirms the protections afforded by the zoning laws to all communities and which establishes that municipalities may not bargain away this protection as a means to settle litigation,” Werlin said. “The League and the neighbors had argued that the City has no authority to create an alternative land use permission universe governed by contract rather than legislatively enacted zoning laws and which allowed the City to grant use permission without public participation.”

Background

The case arose after an Orthodox Jewish congregation applied to the Los Angeles city zoning administrator for a conditional use permit to use a house in the Hancock Park neighborhood as a synagogue. Neighbors objected and the application was denied. The congregation then filed a federal lawsuit, claiming that denial of their permit application violated its federal and state constitutional rights. The denial of the conditional use permit was upheld in the face of all challenges by the congregation.

However, during this period, Congress passed the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) and the congregation then asserted claims against the City under this new federal statute. In the face of this new challenge, the City entered a settlement agreement with the congregation, allowing the congregation to operate a synagogue with certain restrictions including limitations on the types of services, the number of congregants, and parking.

The League of Residential Neighborhood Advocates and several neighbors then filed a federal court lawsuit in which they argued the settlement agreement was invalid under state law. Their lawsuit argued that the settlement agreement granted the congregation the equivalent of a conditional use permit without providing the neighbors and the community notice and a hearing and without application of the City's governing zoning ordinances. Constitutional issues were also raised. In 2003 and 2004, a federal district court sided with the congregation and the City and dismissed the complaints challenging the validity of the settlement agreement. The League and the neighbors appealed from these dismissals.

In siding with the League and the neighbors, the appeals court opinion, written by Judge Barry G. Silverman, held that a “federal consent decree or settlement agreement cannot be a means for state officials to evade state law.” The appeals court said the City of Los Angeles had “impermissibly circumvented” the City's own governing ordinances when, by contract, it granted the congregation the right to use property in a residential neighborhood for congregational worship.

08-22-2007

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Dorsey & Whitney, L.L.P.

Report Recommends Liberians Be Allowed to Remain in United States
On October 1, thousands of Liberians living and working legally in the United States will be forced to leave because the Department of Homeland Security has decided to end their Temporary Protected Status (TPS). A joint research report published by the law firm of Dorsey & Whitney and Minnesota Advocates for Human Rights recommends that the U.S. government not end TPS for Liberians at this time.

TPS allows certain populations to remain in the United States because of ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions.

When civil war erupted in Liberia in 1989, hundreds of thousands of Liberians were forced to flee their home country. Thousands came to the United States, seeking peace, safety, employment, health and education. Many Liberians have established stable and secure homes in the United States. They hold regular jobs, pay rent, own homes and attend school. Many have children who were born in this country — which makes the children U.S. citizens — and some have lived here as long as 15 years.

The Dorsey-authored report underscores the need to allow the Liberian government sufficient time to establish itself as a stable and secure democracy able to provide for its population. It recommends Liberians be allowed to remain in the United States while the Liberian government moves forward during this critical time in its history. The report examines the most recent accounts of the country conditions in Liberia, focusing on the country’s refugee return program, economy, infrastructure, health care, education, security, and justice systems.

Although the war ended in 2003 and Liberians elected a new government in 2005, Liberia’s economy, infrastructure, and social services remain devastated. Illiteracy is estimated to be between 70 and 80 percent. The unemployment rate is at least as high. School buildings are in poor condition and overcrowded; students are taught by unqualified teachers. The majority of the population still lives without clean drinking water, electricity and access to health care. Liberia’s small and inadequate police force is poorly equipped, and the country’s high crime rate is exacerbated by high unemployment.

08-22-2007

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Cozen O' Connor

Cozen O’Connor Member Elected Vice President of America-Israel Chamber of Commerce
Cozen O’Connor member Ilan Rosenberg has been elected Vice President of the America-Israel Chamber of Commerce for the Central Atlantic Region. The America-Israel Chamber of Commerce is a network of business, government and academic professionals who work to promote business development between the Central Atlantic Region (Pennsylvania, Delaware and Southern New Jersey) and Israel through the exchange of information, resources and opportunities.

A member in the Philadelphia office, Rosenberg practices in the insurance department, concentrating on matters involving insurance coverage and commercial disputes, with an emphasis on assisting Latin American corporations on cross-border defense and recovery efforts. He has extensive experience litigating coverage, commercial, tax and civil rights claims in the U.S. and Mexico. Prior to entering private practice, Rosenberg served in the Mexican public sector for two years, providing legal consultation on taxation and public finance to the federal government. He also worked in private practice in Mexico City, Mexico, focusing his practice on tax and administrative litigation, as well as domestic tax planning.

Rosenberg is admitted to practice in Pennsylvania and in every jurisdiction in Mexico, as well as before the U.S. District Court for the Eastern District of Pennsylvania. He is a member of the American and Pennsylvania Bar Associations.

Rosenberg is a graduate of the Escuela Libre de Derecho in Mexico City, Mexico, (J.D., 1998) and the University of Pennsylvania Law School (LL.M., 2002).

08-22-2007

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Cozen O' Connor

Cozen O’Connor Attorney Jennifer A. Brandt Discusses Britney Spears On CNN’s Showbiz Tonight
Cozen O'Connor family law attorney, Jennifer Brandt, last week had two back-to-back appearances on CNN's "Showbiz Special Report" on Britney's baby battle. Last Tuesday, she and Lauren Lake, criminal defense attorney, went head-to-head discussing the image Britney is projecting during custody hearings and whether she's a good mother. The following day, she served on an elite coast-to-coast panel with Ryan Smith, BET Host; Howard Bragman, publicist to the stars, 15 Minutes PR; Raoul Felder, entertainment lawyer; and Pat Lalama, investigative journalist, on issues surrounding the custody battle, once again, and Britney's similarities with, and connections to, Anna Nicole Smith.

Brandt practices from the firm's Philadelphia and Cherry Hill offices, where she concentrates in family law litigation, focusing on divorce, custody and support matters at both the trial court and appellate levels. She also assists clients in adoptions and in family matters concerning incapacitated persons.

Brandt serves as a family law expert on numerous media programs, including KYW Newsradio; WPVI, WCAU and KYW television in Philadelphia; and CN8 The Comcast Network. She has been quoted in Main Line Today magazine and The National Law Journal. She has also served as a course instructor at Haverford Township Adult School and at Main Line School Night for Adult Learners.

Brandt serves as a family law expert on numerous media programs, including KYW Newsradio, WPVI and WCAU and KYW television in Philadelphia, and CN8 The Comcast Network. She has been quoted in Main Line Today magazine and The National Law Journal. She also serves as a course instructor at Haverford Township Adult School and at Main Line School Night for Adult Learners.

Brandt was named as one of American Lawyer Media’s 2004 “Lawyers on the Fast Track” and served as a judge for the 2005 “Lawyers on the Fast Track” competition.

Brandt is a member of the family law sections of the American, New Jersey, Pennsylvania and Philadelphia bar associations. She is former chair of the Philadelphia Bar Association’s membership committee, a former member of its executive committee and previously served as editor of the family law section newsletter. She is a member of the Thomas J. Forkin American Inn of Court in Family Law.

08-22-2007

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Tucker Arensberg, P.C.

Tucker Arensberg Attorneys Named Pennsylvania Rising Stars
Three of Tucker Arensberg's attorneys have been named to the list of 2007 Pennsylvania Rising Stars by Philadelphia Magazine and Pennsylvania Super Lawyers Magazine. Those selected for the list include: Christopher W. Cahillane, Irving S. Firman and Michael A. Shiner.

"Of course Tucker Arensberg recognizes the talents and contributions of the lawyers in our firm. We are pleased that these talents and contributions are also recognized by others. These individuals are examples of our dedication to client service and our results - oriented culture," said Gary P. Hunt, the Firm's Managing Shareholder.

Christopher W. Cahillane, a shareholder in the firm’s Litigation Department, concentrates his practice in the areas of general commercial litigation, trademark and trade secret law, and zoning and land use litigation. Chris received his undergraduate degree from George Washington University and his law degree from the University of Pittsburgh School of Law. Chris is a resident of Mt. Lebanon, Pennsylvania, where he was appointed to serve as a member of the municipality's Traffic Board, an advisory panel which makes recommendations to the Township's commissioners on traffic improvements. He is also the Vice President of the Board of Trustees for the Mt. Lebanon library.

Irving S. Firman is a shareholder in the firm’s Municipal and School and Real Estate and Construction Practice Groups. Irving concentrates his practice in the areas of liquor license law, municipal law, land use and zoning, eminent domain and general real estate matters. Irving received his undergraduate degree from Vanderbilt University and his law degree from the University of Pittsburgh School of Law.

Michael A. Shiner is a shareholder in the firm’s Insolvency and Creditors' Rights Department and practices in the areas of bankruptcy, workout, insolvency and representation of creditors and other parties. Mike received his undergraduate degree from the University of Pittsburgh and his law degree from the University of Pittsburgh School of Law.

The Rising Star listing is the result of extensive research and polling of Pennsylvania Super Lawyers, the top 5 percent of attorneys in the state. Super Lawyers are asked to vote for the best attorneys who are either 40 or under or who have been practicing law for 10 or fewer years. The final list includes the top 2.5 percent of the best up-and-coming attorneys in the state of Pennsylvania.

08-22-2007

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Sherin & Lodgen LLP

Matthew Moschella speaks to business, real estate and general counsel on Employment Practices Liability Insurance
Matthew C. Moschella, a litigator in the firm’s Employment Practice Group, presented “Employment Practices Liability Insurance: what is it and who needs it anyway?” during a Massachusetts Continuing Legal Education (MCLE) half-day seminar entitled Insurance Coverage Explained for Business, Real Estate & General Counsel, on August 15, 2007.

08-22-2007

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