Appeals court rejects DC missing pants case

Court News 2008/12/18 09:17   Bookmark and Share
An appeals court on Thursday turned down a request for a new trial from a former District of Columbia judge who sued his dry cleaners for $54 million over a lost pair of pants.

The D.C. Court of Appeals rejected the request from Roy L. Pearson to overturn a 2007 ruling that denied him damages. Pearson had argued that Custom Cleaners failed to live up to its promise of "Satisfaction Guaranteed."

Three appellate judges agreed Pearson failed to show the store's advertising amounted to fraud and said his argument defied logic.

Pearson can still ask the entire nine-judge appellate court to review the case or appeal to the U.S. Supreme Court.

Pearson did not immediately respond to an e-mail or telephone message seeking comment.

Jin Chung, the dry cleaner owner, said through his lawyer that his family is "very very happy" with the decision. The family said they hope Pearson won't take any further action.

The American Tort Reform Association lauded the court's move, saying the city's easily exploited consumer protection law should be reformed.

The case has taken its toll on both sides. The Chungs have sold the dry cleaning shop, citing a loss of revenue and the emotional strain of defending the lawsuit. Pearson lost his job when a D.C. commission voted not to reappoint him.

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FIFTEEN BERGER SINGERMAN ATTORNEYS NAMED TO 2009 EDITION OF THE BEST LAWYERS IN AMERICA

Law Firm News/Florida 2008/12/17 14:43   Bookmark and Share
The Florida business law firm Berger Singerman is pleased to announce that fifteen lawyers were recently selected by their peers for inclusion in the recently released edition of The Best Lawyers in America.

Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 25,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

The Berger Singerman attorneys included in the 2009 edition are:

·        James L. Berger - Real Estate Law

·        Mitchell W. Berger - Commercial Litigation

·        John D. Eaton - Bankruptcy and Creditor-Debtor Rights Law

·        Brian K. Gart - Bankruptcy and Creditor-Debtor Rights Law

·        Jordi Guso - Bankruptcy and Creditor-Debtor Rights Law

·        Melanie Ann Hines - Administrative Law

·        Charles H. Lichtman – Commercial Litigation

·        Daniel D. Mielnicki – Tax Law

·        Sheldon S. Polish - Tax Law

·        Leonard K. Samuels - Labor and Employment Law

·        John “Jack” C. Shawde - Bankruptcy and Creditor-Debtor Rights Law

·        Paul Steven Singerman - Bankruptcy and Creditor-Debtor Rights Law

·        Arthur J. Spector - Bankruptcy and Creditor-Debtor Rights Law

·        Daniel H. Thompson - Administrative Law, Environmental Law

·        Bruce L. Udolf - Non-White-Collar Criminal Defense, White-Collar Criminal Defense
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Michael E. Starrs Joins Bodman LLP as COO

Law Firm News/Michigan 2008/12/17 10:25   Bookmark and Share
Starrs has broad experience in law firm management. Before joining Bodman, he served for 16 years as chief operating officer and chief financial officer for a large Detroit-based law firm with offices in multiple states. He also served for more than ten years as a senior audit manager at Price Waterhouse in its Detroit and London offices.

“We conducted a national search and are delighted to have found a highly experienced and capable professional like Mike Starrs here in Detroit,” said Bodman LLP Chairman Larry R. Shulman. “His diverse talents will be of great benefit to Bodman moving forward.”

Starrs attended Western Michigan University and earned a Bachelor’s degree from Boston College. He is a Certified Public Accountant and an active member of the Michigan Association of Certified Public Accountants, American Institute of Certified Public Accountants, Association of Legal Administrators and the Association of Certified Fraud Examiners.

Starrs will replace Bodman’s Executive Director, Laura A. Collins, who is retiring in January 2009 following a career of more than 44 years with the firm.
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Court: No obligation for company to give teen drug

Legal Business 2008/12/17 09:15   Bookmark and Share
A pharmaceutical company does not have to provide an experimental drug to a Minnesota teen who is terminally ill with a rare form of muscular dystrophy, a federal appeals court ruled Tuesday in reversing a lower court decision.

The ruling by the U.S. Court of Appeals for the Third Circuit in Philadelphia was a blow to 17-year-old Jacob Gunvalson, who suffers from Duchenne muscular dystrophy.

The court ruled that U.S. District Judge William J. Martini in Newark erred in his August ruling that PTC Therapeutics of South Plainfield, N.J., must provide the drug to Gunvalson. That decision had been stayed pending the company's appeal.

"I just think it's really unfair that these drug companies get all these benefits from the federal government," said Jacob's mother, Cheri Gunvalson. "And then they're allowing boys to fall through the cracks and die." She said she would not give up her fight but didn't know what the next step would be.

In its ruling, the appeals court said it was "sympathetic to the plight of Jacob and his family," but that the lower court "abused its discretion" in ordering PTC to supply the drug to Gunvalson.

The Gunvalsons, who live in Gonvick, Minn., maintained that the company led them to believe that Jacob could participate in a clinical trial of the drug, which is being investigated as a possible treatment — and that the company then went back on its word.

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Ill. gov's legal woes worsen as fundraisers defect

Legal Interview 2008/12/17 09:12   Bookmark and Share
Jailed political fundraiser Antoin "Tony" Rezko's attorneys sent a strong signal Tuesday that he has resumed his on-again, off-again cooperation with federal prosecutors in the criminal case against Gov. Rod Blagojevich, and another one-time adviser to the governor served notice that he intends to plead guilty to tax charges.

Rezko has been among the Democratic governor's top fundraisers and advisers and can provide prosecutors with a penetrating glimpse into the workings of Blagojevich's inner circle. He was convicted in June of scheming to squeeze companies seeking state business for payoffs.

There were signs that Rezko's relationship with prosecutors had soured in recent weeks. But on Tuesday, both sides agreed to postpone his sentence indefinitely, a sign that prosecutors think their sometimes reluctant witness has more to tell them.

While Rezko squared things with federal prosecutors, attorneys for former Blagojevich campaign chairman Christopher Kelly said he intends to plead guilty to tax charges next month. Among other things, Kelly, a roofing contractor and consultant, is charged with using company funds to pay gambling debts and in at least one case writing the payment off as a business expense.

Kelly could also give the government an inside look at the workings of the Blagojevich administration. But chief defense counsel Michael Monico said Tuesday that "cooperation isn't part of the agreement" under which Kelly will plead guilty.

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Oregon bank bombing suspect charged with murder

Court News 2008/12/16 09:05   Bookmark and Share
Police arrested a suspect late Sunday in the Oregon bank bombing that killed two officers and critically injured a police chief, authorities said.

Sheriff Russ Isham of Marion County declined to release the suspect's name, saying it would jeopardize the integrity of the investigation and the safety of officers still working the case.

"We do believe the person responsible for the bombing is in custody," Deputy District Attorney Courtland Geyer said late Sunday.

The suspect was arrested in Salem, located just south of Woodburn, the small city south of Portland where Friday's bombing occurred.

Officers made the arrest shortly after Sheriff Russ Isham of Marion County released surveillance photos of a "person of interest." Geyer would not say if a tip led to the arrest.

He also wouldn't disclose if the man in the photos, apparently taken with a security camera, is the same person in custody.

Isham would not release the precise location where the arrest took place, and said the suspect's name likely wouldn't be released until Monday afternoon.

"I'm really proud of those who tirelessly worked to get us to this point and am humbled by the community's support," Isham said. "We know there is still a lot of hard work ahead of us, but this development will help bring relief to the local community and the officer's families."

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