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Andrew Stosberg chosen to participate in the Ignite Louisville Class of 2008
Andrew Stosberg has been chosen to participate in the Ignite Louisville Class of 2008. The Leadership Louisville Center’s Ignite Louisville program is 6 months of one-day leadership development designed to increase individual leadership effectiveness and inspire by allowing participants to share successes, ideas and experiences with their peers.

08-09-2007

Keith S. Dubanevich Selected as a Fellow of the Litigation Counsel of America
Garvey Schubert Barer attorney Keith S. Dubanevich, an Owner in the firm's Portland office, was selected to be a Fellow of the Litigation Counsel of America, a trial lawyer honorary society. His selection is in perpetuity. Initially, he will be serving on the Publications Committee.

Mr. Dubanevich's practice is in Litigation, including Antitrust, Business and Commercial, and Product Liability Litigation. He has tried a wide variety of business and personal injury cases in state and federal courts. He has also conducted arbitrations under the rules of several organizations, including the American Arbitration Association, the United Nations Commission on International Trade Law, and the International Chamber of Commerce. Mr. Dubanevich earned his J.D., cum laude, from Tulane University School of Law (1983) and his B.S., with high honors, from Northeastern University (1980).

About the Litigation Counsel of America

The Litigation Counsel of America (LCA) is a trial lawyer honorary society established to reflect the new face of the American bar. Membership is limited, representing less than one-half of one percent of American lawyers and is by invitation only. The composition of the LCA is aggressively diverse, with recognition of excellence among American litigation and trial counsel across all segments of the bar. The purpose of the LCA is to recognize deserving, experienced, and highly qualified lawyers, to provide an additional outlet for scholarly authorship of legal articles on trial and litigation practice, to provide additional sources for professional development, to promote superior advocacy and ethical standards in the practice of law, and to assist in community involvement by its membership. Membership includes placement of a maximum of 3,500 Fellows, who are selected and invited into Fellowship after being evaluated on effectiveness and accomplishment in litigation and trial work, along with ethical reputation.

08-09-2007

Drinker Biddle’s Dorothy “Dottie” Bolinsky Highlighted By New Jersey Law Journal Among 40 Under 40
Drinker Biddle & Reath LLP partner, Dorothy “Dottie” Bolinsky has been chosen by the New Jersey Law Journal as one of their 40 Under 40. The weekly legal newspaper chose lawyers who have created practice niches, demonstrated leadership at work and in the community, and developed a significant book of business or solid record of trial, appellate or transactional work.


In just 10 years of practice, Bolinsky has established herself as one of New Jersey’s top or solid record of trial, appellate or transactional work. real estate lawyers. She is recognized for her ability to structure complex real estate transactions of any nature. Bolinsky’s major clients are real estate developers and investors, ranging from Fortune 500 companies to individuals, for whom she handles property acquisitions, financings, state and municipal approvals, and other land-use
aspects of multifaceted development projects. At Drinker Biddle, she supervises five real estate associates and three paralegals, while managing dozens of client relationships and ongoing projects.

“We’re very proud that Dottie has been recognized by the New Jersey Law Journal as one of the state’s outstanding real estate lawyers,” said Jonathan I. Epstein, partner-incharge of Drinker Biddle’s Princeton office. “Clients have come to rely on Dottie to close complicated deals of all kinds. Dottie knows how to make things happen and to get transactions closed, and we’re proud to count her among our partners.”

Bolinsky is also committed to her work within the legal community. She is a trustee of the Mercer County Bar Association and the Mercer County Bar Foundation. She is also a member of the Princeton Bar Association and the New Jersey State Bar Association Real Property, Probate and Trust Law and Land Use Sections. She previously served as Chair of the Mercer County Bar Association Real Estate Section.

Bolinsky received her bachelor’s degree in hotel restaurant and institutional management magna cum laude from The Pennsylvania State University in May 1991 and her J.D. with high honors from Rutgers University Law School – Camden in May 1996. Prior to practicing law, she held a number of positions with several national corporations as a manager of restaurant operations.

08-09-2007

DBMS Welcomes New Associate Brian A. Corby
Donohue Brown Mathewson & Smyth LLC is pleased to welcome new associate Brian A. Corby to the firm. Mr. Corby concentrates his practice in professional liability, medical malpractice and premises liability matters. He joined the firm in 2007 after practicing with a concentration in premises liability at a Chicago litigation firm for three years. He graduated from Loyola University School of Law in 2003 where he was a member of the Loyola University National Mediation Team and a recipient of the Leadership and Service Award and Pro Bono Recognition Award. Mr. Corby received his undergraduate degree in finance from Boston College.

08-09-2007

YURICK JOINS CHESTER WILLCOX & SAXBE, LLP
The law firm of Chester Willcox & Saxbe, LLP today announced that Mark S. Yurick has joined the firm as a partner in the energy, oil and gas practice group.

Prior to joining CWS, Yurick served as city attorney for the city of Lebanon, Ohio. He brings experience as lead trial counsel in numerous cases in state and federal courts, at both trial and appellate levels. Yurick will practice in the areas of electric, natural gas, communications and water/wastewater industries, local government law, and related litigation.

Yurick graduated from University of Cincinnati College of Law and earned his Bachelor of Science degree from the University of Akron.

08-09-2007

SEC Summit to Investigate Fraud Against Senior Citizens
The SEC will convene its second annual Seniors Summit in Washington, DC, the announced purpose of which is to combat investment fraud against senior citizens.

08-08-2007

MINNESOTA COURT OF APPEALS OPINES WHO IS “INSURED,” THUS ENTITLED TO UNINSURED MOTORIST COVERAGE UNDER MINN. STAT. § 65B.49, SUBD. 3A(5), OF THE NO-FAULT ACT
In Carlson v. Allstate Ins. Co.,734 N.W.2d 695 (Minn. Ct. App. 2007), the Minnesota Court of Appeals held for the purposes of Minn. Stat. § 65B.49, subd. 3a(5) (2006), a pedestrian must be considered an insured under the policy in order to recover UM benefits.

In Carlson, Aaron Carlson was struck by an uninsured motorist while crossing Lyndale Avenue in Minneapolis after having parked his vehicle onthe other side of the street. As a result, Carlson suffered several injuries. Carlson’s vehicle was leased by his father, Robert, and was added to Robert Carlson’s insurance policy with Allstate Insurance Company. Aaron Carlson was also listed as an additional driver. The policy included UM benefits to an “insured person.” The policy defined an insured person as (1) “you and any resident”; (2) “any person while in, on, getting into or out of an insured auto with your permission”; and (3) “any other person who is legally entitled to recover because of bodily injury to you, a resident, or an occupant of your insured auto with your permission.” Further, the policy defined “you” as the policyholder named on the Policy Declarations. At the time of the accident, Carlson was not residing with his parents nor was he in, on, getting into or out of an insured auto. Thus, Carlson was entitled to UM coverage only if he was considered a “policyholder.” Carlson brought suit against Allstate after it denied his claim. The parties brought cross-motions for summary judgment. The district court granted Allstate’s motion against Carlson, finding Carlson was not a named insured under the policy, and therefore, not a policyholder covered by the UM provisions of the policy. Additionally, the district court concluded that because Carlson was not considered an insured person under the UM provisions of the policy, Minn. Stat. § 65B.49, subd. 3a(5) (2006) did not entitle him to coverage. Carlson appealed.

The Minnesota Court of Appeals affirmed the lower court’s decision, concluding Carlson was not entitled to UM coverage for his injuries under the plain language of the Allstate policy and Carlson was not insured by the Allstate policy when he was injured by the uninsured motorist. Accordingly, Minn. Stat. § 65B.49, subd. 3a(5) (2006) does not mandate coverage for Carlson’s injuries. The court rejected the argument that Carlson had a reasonable expectation that UM coverage extended to him because his father was told by the Allstate agent that his children were covered to the same extent as him and his wife. The Minnesota Court of Appeals agreed with the district court’s determination that any expectation of coverage Carlson may have had was defeated by the plain language of the policy, regardless of what Robert Carlson was told by the Allstate agent. Further, the doctrine of reasonable expectations does not eliminate the policyholder’s obligation to read the policy.

We will follow this case in the event of an appeal to the Minnesota Supreme Court. If you have any questions regarding this case or other automobile-related issues, please contact any member of our Motor Vehicle Practice Group at (952) 831-6544. This letter, and other Minnesota Appellate Court opinion updates, are now available in .pdf form on the News and Resources page of our Firm’s website: www.johnson-condon.com. If you would prefer to receive our case law updates by email only, please sign up at www.johnson-condon.com/contactus.htm

08-08-2007

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