Law Firm News

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Law Firm News

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Novack & Macey, P.C.

American Honda Vindicated
Partner Steve Siegel and associate Ken Abell prevailed recently in obtaining a dismissal with prejudice of a two-count consumer fraud complaint against our client, American Honda Motor Co., Inc. The action alleged fraud by a dealer in Plaintiff’s purchase of a new Honda vehicle. American Honda was sued as well, on the theory that the dealership was serving as American Honda’s agent in the sales transaction. American Honda moved to dismiss on the grounds that the fraud claims were facially defective and the agency theory was baseless in light of the sales contracts Plaintiff signed, which made clear that the dealer was not American Honda’s agent. The court agreed, struck the two counts against American Honda and warned Plaintiff’s counsel that if they re-filed their claims against American Honda, they did so at their own peril.

Plaintiff was granted time to amend her Complaint, but she allowed that time to lapse without filing an amendment. Soon thereafter, she filed a motion to non-suit her case. If granted, the motion would have allowed Plaintiff to re-file her claims against American Honda in another court. American Honda objected that Plaintiff had lost any right to voluntarily dismiss her claims against American Honda because she did not seek to do so within the time allotted by the court for amendment. The court agreed and this time dismissed Plaintiff’s claims against American Honda with prejudice. This second ruling denied Plaintiff the opportunity to reinstate her claims against American Honda at a later date in another court and completed American Honda’s defeat of Plaintiff’s claims as a matter of law.

08-01-2007

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Michael Best & Friedrich, LLP

Michael Best Names José A. Olivieri as Labor and Employment Practice Group Chair
Michael Best & Friedrich LLP is pleased to announce that José A. Olivieri has been named Chair of the firm’s Labor and Employment Relations Practice Group. Olivieri succeeds Jonathan O. Levine, who served as Chair for four years.

Olivieri joined Michael Best immediately out of law school and was instrumental in structuring the firm’s growing Immigration Practice Group. Olivieri also counsels management in other aspects of employment law such as matters of federal and state discrimination law; NLRB and WERC law; the Fair Labor Standards Act; employee termination and discipline; unemployment compensation; and labor contract administration. He frequently provides training to managers, supervisors and employees regarding employment law issues.

Additionally, Olivieri leads the firm’s Higher Education Special Practice Group and handles significant employment and immigration law matters for many institutions of higher education in the Midwest. Olivieri also has served as a faculty member at Marquette University Law School and is a past Chair of the State Bar of Wisconsin’s Employment and Labor Law Section.

Outside of his legal practice, Olivieri is a leader within the community and sits on several boards and committees. He is currently serving a term as Board President of the United Community Center (“UCC”) in Milwaukee. Through the UCC, Olivieri has been a key figure in the development of the Bruce Guadalupe School, a pre-kindergarten through 8th grade Charter School. Olivieri is a Board Member of the Milwaukee Art Museum and serves on the Greater Milwaukee Foundation Program Committee. He is a past member of the University Of Wisconsin Board Of Regents.

Olivieri is listed in The Best Lawyers in America in the area of immigration law and has been selected as a Wisconsin Super Lawyer by Law & Politics. He received a J.D. from Marquette University Law School.

08-01-2007

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Margolis & Edelstein

Declaratory Judgment In Garage Policy Case
Pittsburgh Partner Miles A. Kirshner, Esquire represented Penn National Insurance, which issued a garage policy providing liability insurance only when an insured person was operating a vehicle which was listed or specifically described in the policy. The named insured was involved in an accident while operating a vehicle, on company business, which was not listed on the policy. Penn National denied coverage and the underlying plaintiff and insured filed an action for declaratory judgment, seeking indemnfication of a $275,000 consent judgment.

Following a non-jury trial, the Court of Common Pleas entered its first Memorandum and Order in November 2006, holding that there was no coverage because the subject vehicle did not fit any of the specified categories of covered vehicles as described in the policy. Plaintiffs moved for reconsideration on the alternative theory that coverage should be afforded because the insured was acting in a manner which was incidental to his garage operation at the time of the loss. In a Memorandum and Order dated June 26, 2007, the trial court has now rejected this argument, and entered a final declaration. The Court agreed with Penn National's contention that "the significant criterion for coverage under a garage operations policy is whether the vehicle involved is an insured vehicle under the policy." Copies of the trial court's Memoranda of November 9, 2006 and June 26, 2007 may be found by clicking on the attached links.

08-01-2007

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Lionel Sawyer & Collins

Richard Morgan, Founding Dean of William S. Boyd School of Law, Joins Lionel Sawyer & Collins
Richard J. Morgan, founding Dean of the William S. Boyd School of Law, University of Nevada-Las Vegas, has joined Lionel Sawyer & Collins as Of Counsel. Mr. Morgan is with the Firm’s Gaming and Regulatory Law Department, where his practice focus will include government advocacy and consultation at the federal, state and local levels, and alternative dispute resolution, as well as assisting in the training of new attorneys, creation of continuing legal programs, and client and practice area development. Mr. Morgan served as Dean of Boyd School of Law from September 1997 through June 2007. His highly distinguished career in legal education spanned 27 years and included service as dean of the colleges of law at the University of Wyoming and Arizona State University, as well as Interim Dean of the UNLV College of Business. He also previously worked in the private sector as an attorney specializing in business associations, securities, corporate governance, and tax issues. Mr. Morgan's work in government advocacy and consultation will be done in conjunction with Richard H. Bryan, former Nevada governor and U.S. Senator, who heads those practice areas at Lionel Sawyer & Collins.

08-01-2007

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Lionel Sawyer & Collins

Lionel Sawyer & Collins' Bob Faiss Named "king Of The Strip" By Mountain States Super Lawyers Magazine
Bob Faiss, Chair of the Firm’s Gaming and Regulatory Law Department, is the subject of “King of the Strip,” the cover article for Mountain States Super Lawyers magazine’s inaugural issue (July 2007). The article details how Bob became one of the world’s top gaming attorneys

08-01-2007

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Kahn, Dees, Donovan & Kahn, LLP

Steinhart and Browning: Co-Vice Chairs for EBA
Attorneys Amy Steinhart and Beth Browning were named co-vice chairs of the commercial law section of the Evansville Bar Association for the remainder of 2007 and will serve as co-chairs of the commerical law section beginning in June 2008

08-01-2007

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Kahn, Dees, Donovan & Kahn, LLP

Brian Williams Elected to Evansville Bar Foundation Board
Partner Brian Williams was recently elected vice president of the Evansville Bar Foundation Board of Directors for the 2007-08 term. The Foundation supports public understanding of the law and strives to improve the delivery of legal services to the Evansville community.

08-01-2007

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