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Pennsylvania Superior Court Finds Dismissal was a Proper Remedy for Spoliation of a Medical Device
The Pennsylvania Superior Court ruled that “a claim of manufacturing defect is untenable in the absence of a product itself” and “when the actual device has not been examined even by the plaintiff’s own expert, both proof and defense of the claim are severely compromised.” They found that the trial court did not err in dismissing the case based on spoliation. In their analysis of this case, the Court stated that in order to determine the appropriate sanction for spoliation, the trial court must weigh three factors: (1) the degree of fault of the party who altered or destroyed the evidence; (2) the degree of prejudice suffered by the opposing party; and (3) whether there is a lesser sanction that will avoid substantial unfairness to the opposing party and, where the offending party is seriously at fault, will serve to deter such conduct by others in the future. Joseph Creazzo and Darlene Creazzo, Appellants v. Medtronic, Inc. Appellee, 2006 PA Super 152, 2006 Pa. Super. LEXIS 1511.

In the instant case, Mr. Creazzo had a medical device implanted in his body which was designed and manufactured by Medtronic to alleviate chronic pain. The device operated correctly for some time, but it ultimately malfunctioned and had to be removed. The Creazzos filed this claim ten months prior to the removal of the device. Medtronic requested that the device be preserved so that their experts could examine it. The Creazzos requested that the hospital staff retain the device and they took no further steps to preserve it. When Medtronic sought to retrieve it from the hospital, it could not be located. A gross pathology examination carried out at the hospital was the only inspection conducted of the device. The trial court determined that the Creazzos bore “substantial responsibility for the loss of the device” and “the absence of the device caused Medtronic substantial prejudice,” therefore, dismissal was proper.

12-05-2006

Trademark Attorneys Prove Victorious in New Century Mortgage Corporation Case
Sughrue's trademark attorneys were successful in a suit for trademark infringement on behalf of their client New Century Mortgage Corporation. Following a trial in November, 2006, in West Palm Beach a federal district court enjoined the defendant from further infringing New Century's HOME 123 mark by using 123 Home Loans. The Court also ordered an accounting of profits. The case was handled by Cindy Weber and Shar Poormosleh.

12-05-2006

Byron Kirkland and Merrill Mason Selected as Facilitators for the Council for Entrepreneurial Development's FastTrac Tech Training Program
Smith Anderson partners Byron Kirkland and Merrill Mason were selected to present at the Council for Entrepreneurial Development's (CED) Fall 2006 session of FastTrac Tech Training and Mentoring Program for Entrepreneurs. Smith Anderson lawyers, Margaret Rosenfeld and John Therien, also participated.
CED hosts the FastTrac Tech programs throughout the year to provide practical training that addresses the needs of start-up entrepreneurs. This year's 10-week Fall program held each Tuesday evening combines one-on-one coaching from current and former CEOs and business executives, with top notch lectures from successful entrepreneurs. Program topics include entrepreneurial mindset v. reality; market definition; market research and analysis; market penetration; financial models; alternative funding sources; building an entrepreneurial management team; investor mindset and deal structures; IP protection; managing growth, and cash management and burn rate.

CED selected Smith Anderson as the sole sponsor for the Fall 2006 training program. On November 28th, Mr. Kirkland with Ms. Rosenfeld presented on "Investor Mindset and Deal Structures" and on December 5th, Mr. Mason with Mr. Therien presented on "IP Protection and Financial Models."

Mr. Kirkland practices in the areas of corporate and securities, venture capital, mergers and acquisitions, and technology law. He regularly represents venture funds and diverse companies including public and private entities and start-up, emerging, growth and mature companies. His extensive experience includes public offerings, venture capital financings, mergers and acquisitions, and general corporate law matters.

Mr. Mason also practices in the areas of corporate and securities law. He represents emerging and entrepreneurial companies and focuses his practice on venture capital; securities; mergers and acquisitions; intellectual property; and general corporate matters.

12-05-2006

Sam Silver Wins Philadelphia Bar’s 'Wachovia Fidelity Award
Schnader Harrison Segal & Lewis LLP’s own Samuel L. Silver is a co-recipient of the Philadelphia Bar Association’s distinguished Wachovia Fidelity Award for 2006. Mr. Silver shares the award with Stephen D. Brown, a partner at Dechert LLP. Both men will be honored at the Association’s Annual Meeting and Luncheon at the Park Hyatt Philadelphia on December 5.

“This award highlights Sam’s dedication and commitment to public service, which is the long-standing hallmark of a Schnader attorney,” said Chairman Ralph Wellington. “We could not be more proud and on behalf of the Firm, I would like to congratulate Sam on this wonderful honor.”

The Wachovia Fidelity Award is presented annually by the Association to individuals who have helped improve the administration of justice and exhibited faithfulness to the profession. Silver and Brown have been co-coordinators since 1993 of the Prisoner Civil Rights Panel for the United States District Court for the Eastern District of Pennsylvania; the panel is responsible for coordinating and assigning court appointments in prisoner civil rights matters to lawyers and law firms that agree to take on such matters.

Outside of his work on the panel, Sam has demonstrated a career-long dedication to pro bono service and to providing superior legal counsel to those who often have both a desperate need and very few options. He also seeks to assist associates at the firm with their pro bono efforts, including prisoner civil rights cases, providing unwavering expert guidance and support. In recognition of his commitment, Mr. Silver received the Firm’s Earl G. Harrison Award in 2000 for his distinguished record of public service.

Mr. Silver is chair of Schnader’s Litigation Department, and his practice focuses primarily on commercial litigation. He has experience in product liability and intellectual property matters, and has represented global manufacturers of products in litigation and product safety matters, as well as litigating disputes about intellectual property, health care, securities, banking and insurance coverage, and more.

12-05-2006

Ann Kuster and Lucy Hodder Present on Academic Free Speech at Higher Education Conference
Ann McLane Kuster and Lucy Hodder gave a presentation at the 11th Annual Legal Issues in Higher Education Conference entitled "Balancing Student and Faculty Academic Freedom and Responsibility." Attorney McLane Kuster addressed the importance of free speech and First Amendment Rights both in our society and on college campuses around the country. Attorney Hodder discussed laws that affected students and campuses related to privacy and free speech. The purpose of the presentation was to help administrators and faculty appropriately address issues facing today's colleges and universities.

Co-sponsored by The New Hampshire College & University Council and Campus Compact for New Hampshire, the "11th Annual Legal Issues in Higher Education" is a professional development conference focusing on higher education issues and trends confronting NH campuses.

12-05-2006

Katz Barron Attorney Elected to the Overtown Youth Center Board of Directors
Katz Barron announced today that Natasha D. Mayne-Sosa, associate, has been elected as a board member of the Overtown Youth Center.

Natasha D. Mayne-Sosa is a member of the Litigation group at Katz Barron where she specializes in commercial litigation, construction litigation, and insurance defense.

“We are pleased to have Natasha as a member of our board. Her commitment and enthusiasm toward building stronger communities is a great asset to our organization,” stated Albert E. Dotson, Jr., Overtown Youth Center chairman.

Established in 2003, the Overtown Youth Center was developed to inspire, empower and enrich the lives of youth. As the initial vision of local real estate developer Martin Z. Margulies, through the Margulies Foundation, he built the Overtown Youth Center with the support of NBA Basketball player, Alonzo Mourning in hopes of creating a safe haven for the children in Overtown. The Overtown Youth Center is a state-of-the-art facility located in the heart of Miami's inner city. The Center co-locates academic and recreational activities in a safe environment, working with children, families, and schools from grade 2 to graduation. We offer in-school, after-school, weekend, and summer programs that include academic enhancement, physical fitness, health care and nutrition, creative arts, prevention, character-building, and family-oriented activities, including parent orientation.

Katz Barron is a full-service commercial law firm with offices in Miami and Fort Lauderdale, Florida. Established in 1977, Katz Barron provides counsel on a wide range of business matters, including complex securities transactions, construction and other commercial litigation, bankruptcy and reorganization matters, real estate transactions, environmental law, international and domestic tax counsel, and estate planning.

12-05-2006

Annual Ethics Update by Brooke Wunnicke on December 6, 2006
Brooke Wunnicke, with James E. Bye of Holme Roberts & Owen LLP, will be speaking at the Colorado Bar Association Tax Section on December 6, 2006 to discuss major changes and trends in legal ethics in 2006 in the areas of tax law, business law, real estate law, and trust and estate law. Topics to be discussed include, but are not limited to, proposed revisions to the Colorado Rules of Professional Responsibility, the duty of confidentiality vis-à-vis attorney-client privilege, third party closing opinions and lawyer liability, the inadvertent disclosure of privileged materials, the SEC’s policy towards the securities lawyer, standards of practice under Sarbanes-Oxley, and conflicts of interest.

12-05-2006

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