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Gibson & Behman, P.C.

G&B’S CONNECTICUT OFFICE PREVAILS IN NEGLIGENT MAINTENANCE CASE
Attorneys Elycia Solimene and Dominic Secondo of G&B’s Connecticut office recently obtained a defense verdict in the case of Nichols vs. Martha Tillman & Raymond Tillman, which was tried in the Litchfield Superior Court. The plaintiff alleged that the defendants were negligent in their maintenance of a deck on which mold had grown. The deck was attached to an apartment rented to the plaintiff by the defendants. The only access to the deck was through the subject apartment. The plaintiff alleged that the defendants retained possession and control of the deck because it was outside and that the defendants were therefore responsible for the maintenance and inspection of the deck.

The plaintiff claimed to have injured her knee when she slipped on a patch of mold on her deckand that the injuries suffered were permanent.The plaintiff was assigned a 5% permanent partial disability to her knee. On cross, the plaintiff had to concede that she did not see a doctor until 11 months after her alleged injury. In addition, the plaintiff was subjected to significant impeachment because she claimed a substantial permanency but denied that a prior injuries to her other knee and her neck, both of which were much more substantial, did not contribute at all to her permanent injuries.

During the trial, defense counsel was able to attack the plaintiff’s credibility by showing that she retained possession and control over the deck which was clearly part of the demised premises through an oral rental agreement. Her credibility was further attacKed through her medical records which showed her limited medical treatment commencing one year after this incident. The jury deliberated for 30 minutes and found that the plaintiff retained possession and control of the deck thereby entering a defense verdict.

06-05-2007

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Gibson & Behman, P.C.

G&B’S BURLINGTON OFFICE OBTAINS DEFENSE VERDICT IN THANKSGIVING EVE ASSAULT AT PUB
Attorneys Scott Behman and Daniel Shanahan of G&B’s Burlington office recently obtained a defense verdict after a four day jury trial in Essex Superior Court in a claim for personal injuries resulting from an assault that occurred in a local Andover tavern. In Magane v. Park Street Pub, Inc., the plaintiff alleged that the defendant pub negligently failed to provide adequate security and overserved alcohol to the patron who assaulted the plaintiff.

Late during the evening before Thanksgiving 2002, the plaintiff was with a group of men and women at the Park Street Pub in Andover, Massachusetts. The group had been at another establishment in Andover before arriving at the defendant pub. Shortly after midnight, one of the men was apparently behaving inappropriately toward one of the women in the group. The plaintiff attempted to intervene and words were exchanged between the plaintiff and this other patron, who was a member of this group. Without warning, the patron assaulted the plaintiff, striking him in the face with a beer bottle and yelling homophobic slurs. An off-duty firefighter/EMT assisted the plaintiff into the restroom and waited for police and an ambulance. The plaintiff was transported to Lawrence General Hospital where his facial lacerations were sutured.

The plaintiff claimed that he suffered permanent facial scarring and disfigurement and incurred medical expenses and lost wages. He also claimed that he developed headaches and suffered from severe depression and anxiety as a result of the assault, including that he was “outed� as a homosexual as a result. The plaintiff introduced medical records and bills, including records from a treating psychiatrist, which treatment was aggressively discredited during cross-examination.

The plaintiff initially filed a criminal complaint against his assailant, who later pleaded guilty to assault and battery with a dangerous weapon and was ordered to serve probation and pay restitution. Shortly thereafter, the plaintiff filed a civil complaint against his assailant, as well as the first establishment and the Park Street Pub. The plaintiff settled his claims against the two co-defendants and proceeded to trial against the pub.

The plaintiff called numerous witnesses during the course of the week-long trial, most of whom had witnessed the events immediately preceding and following the assault, including the plaintiff and the assailant. Attorneys Behman and Shanahan successfully cross-examined the plaintiff’s witnesses to establish that there was nothing the pub could have done to have prevented the assault. The trial judge granted the defendant’s motion for a directed verdict on the plaintiff’s claim for negligent security, but allowed the claim for overservice of alcohol to go to the jury.

The defense asserted that there was no evidence to support the plaintiff’s claim that his assailant was visibly and obviously intoxicated prior to last service at the pub. The plaintiff offered evidence that his assailant had been consuming martinis earlier in the evening at the pub, and was showing signs of intoxication at another establishment prior to returning to the pub and in the moments immediately preceding the assault. The defense offered evidence through cross-examination of several of the plaintiff’s witnesses that the plaintiff was the aggressor and instigated the altercation.

During the course of litigation, the plaintiff settled with the co-defendants for a total of $25,000.00. The plaintiff’s demand was $75,000.00 at the start of trial. No offer for settlement was made. After five hours of deliberation, the jury returned a verdict for the defendant, finding the defendant 49% negligent, and the plaintiff 51% negligent.

06-05-2007

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Fross Zelnick Lehrman & Zissu, P.C.

Fross Zelnick Plays Successful Defense Against NFL’s Trademark Applications
Fross Zelnick's Craig Mende, Rob Becker and Nadine Jacobson represented several major companies in negotiations with the NFL to have the league abandon two applications to register THE BIG GAME. Three weeks after the firm's initial approach to the NFL, the league abandoned the two applications. The San Francisco Chronicle covered the story, as did The Wall Street Journal’s Law Blog. Street & Smith’s Sports Business Daily provided coverage as well.

There have been reports that the NFL may re-file to register the mark on a different basis, so the saga might not be over yet. Stay tuned.

06-05-2007

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Friedman Kaplan Seiler & Adelman LLP

2007 Summer Associate Program Welcomes Chicago, Columbia, and Stanford Students
Kate Mann (Stanford '09) graduated with highest distinction in 2006 from the University of California, Berkeley, where she majored in English and linguistics and was elected to Phi Beta Kappa. She wrote her thesis on "Truth and Beauty: Creation, Creativity, and the Play Drive in Friedrich Schiller's On the Aesthetic Education of Man and Virginia Woolf's To the Lighthouse, Night and Day, and A Room of One's Own." At Stanford, she is an associate editor of the Stanford Journal of Civil Rights and Civil Liberties, a legal fellow of the Stanford Immigration Pro Bono Program and a contributor to the Stanford Judicial Review Project.

Kelly Smith (Chicago '09) graduated cum laude in 2004 from Amherst College, where she majored in economics and wrote her thesis, which was awarded magna cum laude honors, on "Who Benefits from Early Decision? How Early Decision Policies Affect Resource Distribution and Students at competitive colleges." She worked on the Amherst Student newspaper, of which she served as editor-in-chief in 2002-2003, and she won the Samuel Bowles Prize for Journalism in 2004. She was also a member of the Amherst ski team. Before law school, the worked as an associate analyst in the Antitrust and Intellectual Property areas of NERA Economic Consulting.

Ronni Weinstein (Columbia '09) graduated cum laude in 2004 from Williams College, where she majored in art history and American studies. During college, she spent a semester abroad in London, where she studied art history and British studies through the IES London Center and the Courtauld Institute of Art. Before law school, she worked as a paralegal at Lankler Siffert & Wohl LLP. At Columbia, she is a member of the Entertainment, Art, and Sports Law Society and the Columbia Law Women's Association.

06-05-2007

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Frantz Ward LLP

Frantz Ward LLP Adds Three Attorneys To Its Litigation and Construction Practices
Cleveland, OH. The Cleveland law firm Frantz Ward LLP has added David A. Kotnik, Timothy Richards, and Kelley Barnett to its litigation and construction practices.

Mr. Kotnik is joining Frantz Ward's construction group. Mr. Kotnik counsels general contractors, subcontractors, engineers and architects in all phases of construction law and litigation. Mr. Kotnik is a graduate of Cleveland-Marshall College of Law, and obtained his undergraduate degree at The Ohio State University.

Mr. Richards and Ms. Barnett are joining the firm's litigation group. Mr. Richards' practice will focus on civil litigation, including commercial litigation and business disputes. Mr. Richards received his law degree from The Ohio State University, and his undergraduate degree from Wesleyan University.

Ms. Barnett will focus on civil litigation as well. Prior to joining Frantz Ward, Ms. Barnett was with the Major Trial Unit of the Cuyahoga County Prosecutor's Office. Ms. Barnett is a graduate of Case Western Reserve University School of Law, and received her undergraduate degree from Michigan State University.

06-05-2007

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Katz, Barron, Squitero & Faust, P.C.

Katz Barron Squitero Faust Names New Partner
Mathai Jacob a/k/a Matt Jacob has been elected partner in the Miami office of Katz Barron Squitero Faust. "We are very pleased to name Matt as a partner. He is an extremely talented lawyer and a tremendous asset to the firm," stated John R. Squitero, managing partner.

Jacob is a member of the firm's Litigation group and his practice focuses on complex commercial litigation and construction law. He has litigated disputes in the areas of real estate, construction, securities, residential and commercial landlord/tenant, business entities and professional malpractice for both individual and institutional clients throughout the State of Florida.

In the 2005 edition of Florida Trend magazine, Jacob was recognized by his peers as "Up and Coming Legal Elite." He is a member of the Florida Bar and the Dade County Bar Association. He received a Juris Doctor cum laude from the University of Miami School of Law and a Bachelor of Arts in Economics from Northwestern University.

Katz Barron Squitero Faust is a full-service commercial law firm with offices in Miami and Fort Lauderdale, Florida. Established in 1977, Katz Barron Squitero Faust 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.

06-04-2007

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Cohen and Wolf, P.C.

Cohen & Girgsby Promotes Morgan J. Hanson to Director in Firm's Litigation Group
"Cohen & Grigsby, P.C. is pleased to announce the promotion of Morgan J. Hanson to the position of director in the Litigation Practice Group.

“Morgan brings a wealth of experience and dedication to his elevated position within the firm,� noted Andrew Roman, Head of Cohen & Grigsby’s Litigation Practice Group. “He offers our clients sound legal counsel and we are pleased to recognize him for his accomplishments.�

Hanson concentrates his efforts on general and complex commercial litigation with a focus on insurance coverage, product liability, antitrust and torts. Prior to joining Cohen & Grigsby in 2002 as an associate in the Litigation Practice Group, he was an associate at Robins, Kaplan, Miller & Ciresi, based in Minneapolis, Minn. Hanson received his J.D. from the University of Iowa - College of Law in 1999 and his B.A. in Political Science and History from the University of Iowa in 1996. He is a member of both the Pennsylvania and Minnesota Bar Associations and a member of the Order of Coif from the University of Iowa - College of Law. Hanson lives in Mt. Lebanon. "

06-04-2007

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