Law Firm News

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Law Firm News

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Jorden Burt LLP

No Class Certification for Retired MetLife Agents
MetLife won an important battle on May 31, 2007 when it succeeded in defeating a motion for class certification in a lawsuit brought against it by three former P&C agents. The lawsuit, filed in the Southern District of New York, claims that MetLife promised the agents they would to receive commissions for the remainder of their lives on any P&C business they secured, even after they retired, so long as the policies remained in force with MetLife.

06-08-2007

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Groom Law Group, Chartered

Brigen Winters presents audio seminar on Section 409A
Brigen Winters conducted a CCH audio seminar entitled, "Final Regulations under Code Section 409A – Challenges and Opportunities."

Among the areas Winters addressed in this audio seminar were:

* What the final regulations cover and not cover
* Key transition rules
* What has to be included in plan document(s)
* Scope of Section 409A and key exemptions
* Rules that apply to severance arrangements
* Treatment of stock-based compensation
* Short-term deferral exemption
* Deferral election rules
* Distribution rules and prohibition on accelerated payments
* Separation from service and 6-month delay for key employees
* Subsequent election rules and exceptions

06-08-2007

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Locke Reynolds LLP

Joel Tragesser Serves as a Speaker at Wabash College
Joel E. Tragesser served as a guest speaker at Wabash College. He discussed "Intellectual Property and Other Legal Issues for the Entrepreneur." The presentation was for the Business Immersion Program, which serves as a introduction to entrepreneurship.

Joel, a partner of Locke Reynolds, concentrates his practice in intellectual property and business litigation.

06-08-2007

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Martin, Disiere, Jefferson & Wisdom, L.L.P.

Martin, Wisdom & Allen Selected as "Top Lawyers"
As a part of H Texas Magazine’s survey of the city’s best lawyers, the June 2007 issue recognized partners, Chris Martin, Jack Wisdom and Brad Allen as being three of the “Top Lawyers” in Houston. This survey was based on interviews of more than a thousand Houston attorneys regarding the lawyers leading in their respective practice areas.

06-08-2007

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Zimmerman, Kiser & Sutcliffe, P.A.

ZKS Super Lawyers
In the 2007 edition of Florida Super Lawyers magazine, ZKS shareholders Robert Dietz, Steve Hatcher, Wendell Kiser, Kevin Lienard, Bob Mansbach, Tuwana McMillan, Topper Peacock, Joanne Prescott, and Tim Schulte were named as Florida Super Lawyers. Their names have also been announced in the Miami Herald in June 2007. Only 5% of the lawyers in Florida have been selected for 2007 Florida Super Lawyers.

06-08-2007

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Zimmerman, Kiser & Sutcliffe, P.A.

FIRST RESPONDER LAW ENACTED
Governor Charlie Crist signed into law the First Responders Bill which is supposed to afford first responders, such as firefighters, police officers and paramedics, an easier way to establish entitlement to workers’ compensation benefits in Florida, and increase the amount of monetary benefits allowable under the law in certain categories. The law also defines first responders to include volunteer law enforcement officers and EMT’s.

In 2003, the legislature enacted a significant overhaul of the Workers’ Compensation Act limiting many benefits to which an injured employee is entitled under the Act, and providing a higher burden of proof to establish eligibility. Since that time, the claimant’s bar has been extremely active in trying to have the legislation repealed and/or changed by lobbying Congress, and has been actively arguing cases through the appellate system, in hopes that the Florida Supreme Court will hold the 2003 Act unconstitutional.

In the meantime, one such perceived victory has been the enactment of this legislation. Interestingly, the burden to establish an injury by exposure to a toxic substance or psychiatric injury remains the same. However, unlike other employees in the State of Florida, first responders will be entitled to payment of medical benefits for psychiatric injuries, regardless of whether the psychiatric injury is the result of a physical injury. Unlike other employees in the State of Florida, the first responders are now also entitled to continued cost of living increases of their permanent total disability benefits past age 62, if their employer does not contribute to the social security program. Finally, in the biggest perceived coup for the claimant’s attorneys, the law allows for the payment of hourly fees, as opposed to guideline fees, if they are able to establish entitlement to benefits resulting from a toxic exposure or occupational disease. Since there has not been a change to the burden of proof in these types of cases, and very few cases were being found compensable under these theories, such long term impact is doubtful.

The new statute also makes reaction to a smallpox vaccination compensable. No other type of vaccination is mentioned.

The estimated cost of providing the additional benefits to the first responders has been reported by the National Council on Compensation Insurance to be $13 million per year, not including the cost to self-insured government entities.

It remains to be seen whether the effect of the law provides the impetus the claimant’s bar is hoping for to change the existing law for all employees in the state, or if this law simply provides additional benefits to deserved individuals and nothing more.

06-08-2007

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Zimmerman, Kiser & Sutcliffe, P.A.

Trial Win for Shareholder Bob Mansbach
Congratulations to Robert E. (Bob) Mansbach, a shareholder in the litigation practice group, on his recent trial victory. The case involved a plaintiff who while shopping in the Wal-Mart store in Apopka on August 23, 2003, was attacked by a then unknown assailant who hit him in the back of the head with a glass jar of salsa. The blow to his head hit his carotid artery which caused excessive bleeding. The assailant was eventually caught and imprisoned. However, the plaintiff filed suit against Wal-Mart claiming the store had inadequate security. The plaintiff presented a former Miami police chief who opined that the security was inadequate. The defense did not hire an expert but rather presented the case based on facts and store history. Within the store, violence had never been an issue. The jury found Wal-Mart was not liable to the plaintiff.

06-08-2007

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