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Beth Rose - DJ Tales of the Tape: Wyeth Faces Trials over Hormone Drugs
Correspondent Peter Loftus talks about the first trial in a series of lawsuits filed by women claiming their use of Wyeth's drugs to treat menopausal symptoms caused breast cancer and other diseases. Beth Rose, Co-Chair of the PRoducts Liability Practice Group, commented that the outcome of the first trial won't make or break the drug company but that it could take several trials over a couple of years before it becomes clear whether Wyeth should keep fighting or begin to settle cases.

08-17-2006

Third Circuit Affirms Judgment of District Court and Jury Verdict for Southeastern Pennsylvania Transportation Authority (SEPTA) in Case Alleging Race Discrimination and Retaliation
On August 17, 2006, the United States Court of Appeals for the Third Circuit issued an Opinion, affirming the Honorable J. Curtis Joyner’s pre-trial and trial rulings and affirming a jury verdict in favor of SEPTA. This case represents the latest in a series of employment-related victories for SEPTA, who has been represented by Miller Alfano & Raspanti.

On April 1, 2005, after a trial before Judge Joyner, a jury returned a unanimous verdict in favor of SEPTA, on claims of race discrimination and retaliation brought by a former lieutenant of the SEPTA Transit Police Department, Steven C. Johnson.

SEPTA suspended Lt. Johnson because he took his marked patrol car home without permission. SEPTA suspended Lt. Johnson a second time for making excessive personal calls on his SEPTA issued cell phone. Finally, SEPTA gave Lt. Johnson below expectations performance ratings.

At trial, Lt. Johnson argued that SEPTA imposed lesser discipline on Caucasian officers and took these actions against him because he complained about race discrimination. SEPTA disputed Lt. Johnson’s arguments and offered evidence to establish a legitimate and proper basis for all of its decisions. After a four day trial, the jury agreed with SEPTA and returned a verdict rejecting all of Lt. Johnson’s race discrimination and retaliation claims.

On appeal, Lt. Johnson challenged the District Court’s grant of SEPTA’s motions in limine, the District Court’s evidentiary findings at trial, and the District Court’s jury instructions. SEPTA successfully defended the District Court’s rulings and instructions on appeal.

08-17-2006

Lowndes, Drosdick, Doster, Kantor, & Reed Places First Among Central Florida Law Firms in the 2006 Orlando Sentinel Top Companies for Working Families in Central Florida
The firm placed highest of all Central Florida law firms as it was once again recognized for creating a workplace environment which strives to provide a family-friendly atmosphere for its employees. Lowndes, Drosdick, Doster, Kantor & Reed placed 13th in the 2006 Orlando Sentinel’s “Top 100 Companies for Working Families” annual ranking. The recognition is judged on the programs and policies of Central Florida employers relating to both work and family-related benefits.

Lowndes, Drosdick, Doster, Kantor, & Reed has been recognized since the award’s inception in Orlando Sentinel’s “Top 100 Companies for Working Families” annual ranking. Managing Partner Nicholas A. Pope recently conveyed the following message to the entire firm: “It is a great distinction to place within the top 100, but being in the top 25 is an even greater honor, for which we should all be very proud. Placing 13th is a reflection of the firm’s policy to value our employees, in part by working to help them feel at peace with the balance of their work and family priorities.”

The firm policies revolve around the philosophy of firm founding partner John F. Lowndes who stated from the establishment of the firm in 1969, “Talented attorneys can develop skills, and they learn more with each experience. While we stress this, we also demand integrity, expertise and exceptional service. These are the fundamental building blocks for gaining and maintaining a client’s trust.” “The firm works daily to reciprocate for the dedication of our people by striving to provide a high quality workplace,” Pope also stated.

Lowndes, Drosdick, Doster, Kantor & Reed, P.A. is a full service law firm that has served Florida businesses since 1969.

08-17-2006

Elizabeth Fitzpatrick to Speak at NYSBA Program on Torts Insurance and Compensation
On September 30, 2006, Elizabeth A. Fitzpatrick will participate in a New York State Bar Association Roundtable Discussion presented by the Insurance Coverage Committee. Beth will address the current state of Section 3420(d)'s Timely Disclaimer Requirements. She will discuss the present obligations of the carrier, issues carriers and/or policyholders should be aware of when dealing with the timeliness of disclaimers, obligations to underlying claimants, insurer-to-insurer disclaimers, and disclaimers in general. The event takes place from September 28 - October 1, 2006 at the Sagamore, Bolton Landing, New York. Register for the program here.

08-17-2006

Defense Verdict -- alleged chiropractic malpractice.
The plaintiff contended that improper chiropractic care caused him to undergo eventual lower back spinal surgery. The plaintiff presented testimony from chiropractic and orthopedic experts who opined that the chiropractic treatment was below the standard of care, and was the cause of his aggravated condition and eventually, his surgery. Defendant presented his own testimony as well as that of assistant professor of chiropractic, who testified that the treatment was well within the standard of care. Other experts included an orthopedic surgeon and a diagnostic radiologist, who testified that the treatment was not the cause of the condition and surgery, which were of natural origin.

08-17-2006

THE PENSION PROTECTION ACT OF 2006
On August 17, 2006, President Bush signed into law the Pension Protection Act of 2006 (“Act”). The Act is over 900 pages long and represents the most sweeping changes to retirement plans and other employee benefit plans since the Tax Reform Act of 1986. Although the Act was primarily directed at addressing weaknesses in defined benefit plans in the private sector, the Act has “something for everyone.” For example, the Act impacts defined contribution plans such as 401(k) plans, single and multi-employer plans, 403(b) and governmental 457 plans. It also affects the provision of investment advice to plans and plan fiduciaries, and the products and services offered in the marketplace to employee retirement plans, welfare benefit plans and individual retirement plans (“IRAs”).

We will continue to provide updates when additional guidance and information on the Act becomes available. But for now, we are providing this as a short primer on some of the high points of the Act and the impact it might have on employers as plan sponsors.

08-17-2006

Hils Joins Graydon Head & Ritchey LLP
Graydon Head & Ritchey LLP is pleased to announce the addition of Lynda M. Hils as an Associate attorney in the Firm’s Northern Kentucky office.

Hils is a member of the Firm’s Commercial Litigation Client Service Department. Prior to joining the Firm, her practice included various areas of litigation, including; employment law, eminent domain, personal injury, general business law, and commercial law. She has also represented clients at the appellate level in both federal and state courts.

Hils earned her J.D. in 2002 from Louis D. Brandeis School of Law at the University of Louisville. She received her B.S. in Political Science in 1999 from Northern Kentucky University. Hils is also an active member of the Northern Kentucky Bar Association (NKBA), where she serves as Co-Chair of the Young Lawyers Section. In her capacity as Co-Chair, she serves on the NKBA Board of Directors.

Graydon Head & Ritchey LLP attorneys serve clients in a variety of industries with particular experience with business clients in banking & financial, commercial real estate, media, communications & information, construction, health & elder care, manufacturing, distribution & technology. The Firm provides personal client services to many local business owners and their executives and families in the estate planning and administration area. Graydon Head & Ritchey was recognized for its innovative approach to quality improvement as the first recipient of the Customer Focus Award from the Cincinnati USA Regional Chamber.

08-17-2006

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