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Wheeler Trigg Kennedy LLP

WTK WINS ASBESTOS CASE IN BOSTON
In the first asbestos case to go to verdict in Boston in 10 years, WTK lawyers won a defense verdict on June 1, 2007 for their client, Foster Wheeler Energy Corp. The plaintiff, who suffers from mesothelioma, claimed to have contracted his disease as a result of his exposure to all of the asbestos-containing equipment and parts that were supplied by the defendants and used on his U.S. Navy ship.

06-04-2007

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Wheeler Trigg Kennedy LLP

WHEELER TRIGG KENNEDY WINS FIRST ASBESTOS CASE TRIED IN BOSTON IN 10 YEARS
In the first asbestos case to go to verdict in Boston in 10 years – Balthazar v. Foster Wheeler et al., a case closely watched by defense lawyers and equipment manufacturers whose products were often insulated with asbestos by third-parties – Wheeler Trigg Kennedy lawyers John Fitzpatrick, Erik Nadolink, and Kara Rohe won a defense verdict for their client, Foster Wheeler Energy Corp., a global engineering and construction contractor and power equipment supplier. In 1949, Foster Wheeler had supplied the U.S. Navy with a set of four three-story boilers for a Navy destroyer to which the plaintiff was assigned while serving in the Navy from 1961–1962. Under the original contract, the Navy required that the boiler be insulated internally with refractory materials that contained a small amount of asbestos. Foster Wheeler supplied, but did not manufacture, these materials. The Navy provided additional external insulation that also contained asbestos. The other defendants provided various other parts used in the boiler room, all of which contained and/or were insulated with asbestos.

The plaintiff, who suffers from mesothelioma, a form of cancer that is almost always caused by previous exposure to asbestos, claimed to have contracted his disease as a result of his exposure to all of the asbestos-containing equipment and parts that were supplied by the defendants and used on his ship. Further, he alleged the defendants were guilty of a breach of warranty and negligence in failing to warn him of the dangers of asbestos. Of the 47 defendants originally sued, and twelve defendants who began trial, all but four reached a settlement with the plaintiff within the first two weeks of the five-week trial. With two of the remaining defendants – asbestos-containing gasket and packing manufacturers – arguing that the plaintiff’s injury was caused by insulation on the boiler, Foster Wheeler quickly emerged as the prime target. Plaintiffs’ demand on the eve of trial was in the mid-seven figures.

WTK lawyers argued that Foster Wheeler had no duty to warn the Navy that asbestos could be harmful and was not responsible for asbestos-containing materials – required by the Navy – that it did not manufacture. With ships containing 40 tons of asbestos insulation each, the Navy had extensively studied the potential dangers of asbestos by 1949, and even earlier. Furthermore, the Navy as part of its procurement contracts required that Foster Wheeler supply with its boilers very specific materials – including some that contained asbestos. Further complicating the allegations was the fact that in between 1949 when the original boiler and asbestos-containing insulation was installed and 1961 when the plaintiff joined the Navy and was assigned to the ship at issue, the boilers had undergone extensive overhauls during which substantially all the original furnace refractory materials were replaced by a Navy shipyard.

The jury instructions in this case were significant. One jury instruction – the sophisticated user defense – stated that the defendant could not be held liable for a failure to warn of asbestos hazards already known to the Navy. Another jury instruction stated that the defendant could not be held responsible for injuries caused by asbestos when the defendant did not supply or manufacture the asbestos at issue, and did not require that asbestos-containing insulation be used on or in its equipment.

06-04-2007

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Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP

Weber Gallagher Attorneys Obtain Defense Verdict in Medical Malpractice Case
After a three-day jury trial in and two hours of jury deliberation, Philadelphia-based partner Andrew K. Worek obtained a defense verdict in a medical malpractice matter tried before the Hon. Charles B. Burr, II in the Court of Common Pleas, Delaware County.

Mr. Worek and associate Lisa A. Swiatek defended a family practice physician who was sued by a former patient for allegedly causing a delay in the diagnosis of the patient's prostate cancer. Specifically, the plaintiff asserted that the doctor failed to perform a PSA test in a timely manner. The patient had presented with vague symptoms of urinary frequency. The defense demonstrated that the doctor adequately assessed the 48-year-old plaintiff's complaints by performing a digital rectal exam, supplying him with a 28-day supply of Flomax to help control his relatively common symptoms, and instructing the plaintiff to return in one month if his symptoms did not improve. The plaintiff failed to follow his physician's advice and did not return for 13 months, despite the fact that his symptoms recurred and worsened during that period. The jury concluded that the physician was not negligent and returned a verdict in his favor.

06-04-2007

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Tucker Arensberg, P.C.

TUCKER ARENSBERG, P.C. ATTORNEYS NAMED PENNSYLVANIA SUPER LAWYERS
The law firm of Tucker Arensberg P.C. announced that twelve of its attorneys have been named as Pennsylvania Super Lawyers for 2007 by Philadelphia Magazine and Pennsylvania Super Lawyers Magazine. Selection for the honor is determined through the independent research of Law & Politics magazine. Over 36,000 Pennsylvania attorneys were contacted as part of a peer selection process. According to Law & Politics, the organization which publishes Pennsylvania Super Lawyers magazine, only five percent of Pennsylvania attorneys are included in the “Super Lawyers� directory. Those selected for the list include Theodore T. Brooks, Michael A. Cassidy, Gary P. Hunt, Kenneth W. Lee, Beverly Weiss Manne, William H. Powderly III, Steven B. Silverman, Lee C. Swartz, Richard B. Tucker III, and Charles J. Vater. All twelve were also named to the 2006 Pennsylvania Super Lawyers list.

"We believe that our clients would give us high marks for our service and expertise, said Gary P. Hunt, the Firm's Managing Shareholder. "To also earn the respect and recognition of other professionals is very gratifying."

Gary P. Hunt - Gary was named a Super Lawyer in the General Litigation Category. Gary is the firm's Managing Shareholder and has been practicing law for over 20 years. His practice consists primarily of federal and state court litigation, arbitrations and ADR proceedings. He received his undergraduate degree from the University of Notre Dame and his law degree from the University of Pittsburgh School of Law.

Lee C. Swartz - Lee was named a Super Lawyer in the Personal Injury Plaintiff: General Category. Lee is a shareholder and practices in the firm's Harrisburg office. He concentrates his practice on civil litigation with an emphasis on commercial law. Lee is currently the Permanent Reporter of the Supreme Court Procedural Rules Subcommittee on the Suggested Civil Standard Jury Instructions. He received his undergraduate degree from Albright College and his law degree from the Dickinson School of Law of the Pennsylvania State University.

W. Theodore Brooks - Ted was named a Super Lawyer in the Real Estate Category. Ted, a shareholder with the firm and Co-chair of the firm's Real Estate/Construction Practice Group, represents real estate developers and land owners in all aspects of land development, including acquisition, financing, subdivision, zoning and land use regulations, leasing and taxation. Ted graduated from Bucknell University, with a B.A. in History, and received his law degree from the University of Pittsburgh School of Law.

Michael A. Cassidy - Mike was named a Super Lawyer in the Health Care Category. Mike is a shareholder and Chair of the firm’s Health Care Practice Group. Mike’s practice focuses on the area of health care. He has extensive experience in third party reimbursement, managed care and physician contracts, fraud and abuse, medical staff and credentialing issues, regulatory compliance and tax-exempt organization issues. Mike received his undergraduate degree from Brown University and his law degree from the University of Pittsburgh School of Law.

Beverly Weiss Manne - Beverly was named a Super Lawyer in the Bankruptcy & Creditor/Debtor Rights Category. Beverly is a shareholder with the firm and Chair of the firm’s Insolvency and Creditors’ Rights Department. She represents commercial lending and leasing clients in all types of troubled credit situations, including loan restructuring, forbearance, workout, collection action and bankruptcy proceedings. Ms. Manne is President of the Pittsburgh Chapter of the Turnaround Management Association (TMA) and is a member of the national TMA Board of Directors. She received her undergraduate degree, magna cum laude from the University of Pittsburgh and her law degree from the University of Pittsburgh School of Law.

Kenneth W. Lee - Ken was named a Super Lawyer in the Construction/Surety Category. Ken is a shareholder in the firm's Harrisburg office and Co-chair of the Real Estate/Construction Practice Group. Ken practices in the areas of construction litigation, construction-related insurance matters, municipal and government contracts, and surety law. Ken received his undergraduate degree from Gettysburg College, a Master of Arts degree from Villanova University and his law degree from the University of Pittsburgh School of Law.

William H. Powderly - Bill was named a Super Lawyer in the Employee Benefit/ERISA Category. Bill is an of counsel attorney and member of the firm’s Employee Benefits Practice Group. He routinely counsels and defends plan administrators, both corporations and private administrators, on insurance considerations including direct versus self-insurance as well as the insurance laws of various states for multi-office entities. Bill received his undergraduate degree from Georgetown University and his law degree from the University of Pittsburgh School of Law.

Steven B. Silverman - Steve was named a Super Lawyer in the Civil Litigation Defense Category. Steve, a shareholder in the firm’s Litigation Department, practices civil litigation with an emphasis on commercial litigation. Steve is Co-chair of the firm’s Intellectual Property/Technology Practice Group. Steve handles business disputes involving such areas as trade secret theft and restrictive employment covenants, particularly in the context of the computer, software and high technology industries. Steve received his undergraduate degree from Franklin and Marshall College and his law degree, cum laude, from the University of Pittsburgh School of Law.

Richard B. Tucker, III - Dick was named a Super Lawyer in the Appellate Category. Dick is a shareholder in the firm and concentrates his practice in the field of litigation, particularly appellate litigation. He has argued cases in the United States Supreme Court, Third Circuit Court of Appeals, and the Pennsylvania Supreme, Superior and Commonwealth Courts. He has handled a variety of civil cases involving general commercial transaction claims, letters of credit, insurance coverage, workers' compensation, ERISA benefits, and employment issues. Dick received his undergraduate degree from the University of Virginia and his law degree from the Columbia University Law School. Dick also serves as the Solicitor for Sewickley Borough.

Charles J. Vater - Chuck was named a Super Lawyer in the Estate Planning & Probate Category. Chuck is a shareholder and Chair of the firm’s Business and Finance Department. He concentrates his practice in the areas of estate and business planning. He represents a number of closely-held and family-owned businesses and professional corporations, with a focus on business succession planning. Chuck received his undergraduate from the University of Notre Dame and his law degree from the University of Pittsburgh School of Law.

06-04-2007

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Pillsbury Winthrop Shaw Pittman LLP

Barry Gassman Joins Pillsbury’s New York Office as Finance Partner
Pillsbury Winthrop Shaw Pittman LLP today announced that Barry Gassman has joined the firm’s New York office as an energy finance partner in the Finance practice section.

Gassman comes to Pillsbury from Mayer Brown Rowe & Maw, where he spent more than 20 years as a finance partner, most recently in their New York office. He has vast experience in representing U.S. and international financial institutions in highly structured transactions in the energy sector, including synthetic facility leasing, leveraged leasing of nuclear power plants, financing of interests in coal-fired generation facilities and lease financing of offshore drilling rigs. He received his J.D. from University of Buffalo Law School and holds an LL.M. in taxation from New York University.

“Adding Barry to our finance team is a key part of our overall strategy of expanding our fully-integrated national energy finance practice by adding important energy structured finance skills in New York,� said Michael Schumaecker, who heads Pillsbury’s national Finance practice.

Schumaecker adds that Pillsbury already has strong energy finance capabilities in New York, Houston and San Francisco, and with the addition of Gassman, the firm now has capacity to send one of its New York energy finance partners, Ayaz Shaikh, to the DC office to expand Pillsbury’s offerings in that region as well.

“Barry also has a significant background in structured finance outside of the energy sector and will help us significantly grow our finance practice in the industrial sector,� said Schumaecker.

Among Gassman’s core clients are Bank of America and Société Génerale, where he does work for their energy and infrastructure groups, which would compliment and expand the work Pillsbury already does for those clients in other practice areas.

“Pillsbury is a recognized leader in both the financial services and energy sectors, and I was greatly drawn to the multidisciplinary, integrated approach the firm takes when it comes to industries such as energy. Pillsbury is also a pioneer in client team development and I think that will be a huge asset to my clients and to my own professional growth,� Gassman said.

Pillsbury’s rapidly growing Finance practice has expanded its partnership ranks by 30 percent over the last two years. Schumaecker predicts that this rate of growth will increase during the remainder of 2007, particularly in the Houston, New York, DC and London markets. Gassman is the second lateral finance partner to join Pillsbury this year, and the first of several hires expected to be announced in New York over the next few months.

06-04-2007

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Pillsbury Winthrop Shaw Pittman LLP

Advisory: Supreme Court Decision Could Have Major Implications for Credit Card Receipt Cases Says Noted Pillsbury Litigator
The U.S. Supreme Court issued a key opinion today in the consolidated cases of Safeco Ins. Co. of America v. Burr (06-84) and Geico General Insurance Co. v. Edo (06-100) that interprets the meaning of the term "willfully" under the Fair Credit Reporting Act. The decision could have broad implications on a number of cases involving the credit card receipts printed by restaurants and retailers, according to Daveed Schwartz, an attorney at Pillsbury Winthrop Shaw Pittman who has been closely following the case.

In its decision today, the Court held that the term "willfully" covers both knowing and reckless disregard of the law, Schwartz said. As an important distinction, the Court further held that the term "recklessness" refers to conduct violating an objective standard such that for reckless liability, a company's actions must involve an "unjustifiably high risk" of violating FCRA. A risk amounting to "mere carelessness" does not constitute reckless disregard, the Court decided. Under this standard, the Court held that Safeco did not act in reckless disregard of FCRA.

"The Court has refined the standard that plaintiffs must adhere to in showing willful non-compliance of the law," Schwartz said. "It raises the bar set by the Ninth Circuit in that the test for showing reckless disregard is now an objective one. It also helps to clarify the standard of proof the plaintiffs must meet."

The Court's interpretation of "willfully" is key to approximately 200 cases pending in the Ninth, Seventh, Fifth, Fourth, Third and First Circuits that accuse retailers, restaurants, and other businesses of "willfully" violating a newly effective portion of the Fair Credit Reporting Act known as the so-called "truncation" provision of the Fair and Accurate Credit Transactions Act ("FACTA").

In these cases, which seek status as class actions, plaintiffs generally allege that stores, restaurants, and other businesses electronically printed more than the last five digits of a card number and/or a card expiration date on the customer copy of the receipt. Under the statutory scheme, willful violations are punishable by damages of $100 to $1000 per violation.

Pillsbury Winthrop Shaw Pittman currently represents nearly a dozen retailers and restaurants as defendants to these FACTA lawsuits in both the Ninth and Third Circuits.

06-04-2007

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Pepper Hamilton, L.L.P.

Andrew J. Rudolph Elected Fellow of the American College of Employee Benefits Counsel
Andrew J. Rudolph, a partner with Pepper Hamilton LLP and chairman of the firm’s Employee Benefits Practice Group, has been elected Fellow of the American College of Employee Benefit Counsel. Mr. Rudolph will be inducted at the San Francisco Bar Association’s Annual Meeting on August 11, 2007, at The Carnelian Room in San Francisco, California.

Mr. Rudolph advises public and privately held businesses on employee benefits, executive compensation and related tax and corporate law issues. Much of his practice focuses on the development of programs that involve employer securities or otherwise link compensation or benefits to the employer’s performance. In addition, he is experienced with issues involving qualified and non-qualified retirement plans, negotiates executive employment and severance agreements, and counsels employers about the benefits and compensation aspects of corporate transactions. On matters of current topical interest, Mr. Rudolph has been very active over the past three years in supporting employer efforts to limit the scope of reform of the rules on non-qualified deferred compensation.

The American College of Employee Benefits Counsel (www.acebc.com) is a not-for-profit organization dedicated to elevating the standards and the advancing the public’s understanding of the practice of employee benefits law. In pursuit of this goal, the College encourages the study and development of employee benefits laws, initiates professional discussions of significant employee benefits issues and sponsors an extensive list of Continuing Legal Education programs.

Fellows are selected by the College’s board of governors from among employee benefits attorneys nominated for that honor and recommended for consideration by the board’s Membership Committee after considering the recommendations of regional screening committees. Fellows have a minimum of 20 years experience, and selection as a Fellow reflects the board’s judgment that a nominee has made significant contributions to the advancement of the employee benefits field.

06-04-2007

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