Law Firm News

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Hartline, Dacus, Barger, Dreyer & Kern, L.L.P.

HDBDK Succesfully Defends Toyota in Product Liability Accident Case
Attorneys Kurt Kern, David Stone, and Brian Rawson of Hartline, Dacus, Barger, Dreyer & Kern, L.L.P. successfully defended Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc., and McCall-T, Ltd. in a product liability case in Houston.

This case involved a two vehicle accident in which the 1998 Toyota 4Runner driven by Gert Rau was struck by another vehicle. The 4Runner went out of control, struck a curb and rolled over. Rau suffered severe head injuries and died. His wife, Jean Uy, was the passenger and received only minor injuries. The plaintiff brought suit against the Toyota defendants alleging various causes of action based on strict liability, negligence, and breach of warranty. The plaintiff claimed Mr. Rau’s death was caused by defects in the occupant protection of the 1998 4Runner. Specifically, the plaintiff’s designated experts, Martha Bidez and Louis D’Aulerio, provided opinions that the 4Runner’s seatbelt system was defective. The plaintiff’s theory was that Rau’s seatbelt locked during the initial crash, then unlocked during the rollover to allow approximately 10 inches of webbing payout causing his partial ejection. The plaintiff sought actual and punitive damages.

With the assistance of experts Robert Rucoba, Catherine Ford Corrigan, and Michael Klima, the Toyota defendants argued five main points: (1) the accident and resulting death of Gert Rau occurred because Mr. Rau and the driver of the other vehicle failed to properly operate their vehicles; (2) the 1998 Toyota 4Runner, including the driver’s side seatbelt system, was a well-designed, reasonably safe and thoroughly tested vehicle that met or exceeded all applicable Federal Motor Vehicle Safety Standards; (3) the evidence gathered at the accident scene and the physical evidence on the driver’s seatbelt showed that the seatbelt operated properly; (4) the vehicle violently rolled over three times and Mr. Rau’s head, which was located near his window, was forced outside his driver’s side window and struck the ground, causing his fatal injury; (5) because Toyota designed and sold a reasonably safe vehicle, and because Toyota did not cause the accident or the death of Mr. Rau, it is unfair to blame the Toyota defendants and punish them in this matter.

The Harris County jury deliberated less than four hours before returning a unanimous defense verdict.

04-04-2007

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Groom Law Group, Chartered

Groom Law Group noted in the New York Times
The Groom Law Group was mentioned today in the New York Times as a "prominent benefits law firm" in the lead story of the business section on the growth of the captive insurance industry in Vermont.

04-04-2007

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Downey Brand LLP

Downey Brand Adds Environmental Law Attorney
Laurie Wong Hodges joins the firm's environmental law practice group as an associate. She received her J.D. from the University of the Pacific, McGeorge School of Law in 2005 and her B.A. from the University of California, Irvine in 1999. Prior to joining Downey Brand, Hodges was a judicial extern for Federal Magistrate Judge Kevin S.C. Chang of the Federal District Court of Hawaii.

04-04-2007

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Wiley, Rein & Fielding, L.L.P.

Wiley Rein Files Amici Curiae Brief on Behalf of Major U.S. Insurance Trade Groups in Crucial Hurricane Katrina Appeal
Wiley Rein LLP, representing the country’s leading insurance industry trade groups, has filed an amici curiae brief in the United States Court of Appeals for the Fifth Circuit in the crucial appeal addressing the application of water damage exclusions to the levee breaches resulting in the inundation of New Orleans following Hurricane Katrina.

The filing—on behalf of the American Insurance Association, National Association of Mutual Insurance Companies, Property Casualty Insurers Association of America and Reinsurance Association of America—challenges the lower court’s decision on several fronts. The brief demonstrates that the plain terms of the water damage exclusions bar insurance coverage for all losses resulting from a flood, regardless of the cause of the flood, and shows that the National Flood Insurance Program (“NFIP”) provides the relevant context for interpretation of the private homeowners’ policies at issue. The history, purpose and scope of the NFIP make clear that flood coverage is provided by the NFIP, not the homeowners’ policies before the Court. Finally, the brief explains the importance of contract certainty to the insurance system, which depends on the even-handed application of policy terms. Here, the lower court’s erroneous expansion of coverage to encompass certain flood losses was both huge and unanticipated. Unless reversed, it could severely distort insurance system, adversely affecting both the price and availability of insurance for millions of Americans.

Citing experts who warn that flood risk is unpredictable and that shoehorning it into homeowners’ policies could result in significantly increased premiums or a decision to forgo continuing to take part in a particular market, the brief argues that these public policy considerations reinforce the importance of enforcing the water damage exclusion in this appeal.

Wiley Rein LLP partner Laura Foggan, a member of the firm’s Insurance Practice and co-chair of the Appellate Practice, had principal responsibility for this brief and was assisted on the case by associate Benjamin Theisman.

04-04-2007

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Weltman, Weinberg & Reis, Company

Patricia L. Blais, Esq. Named as Manager of Foreclosure/Evictions Department for Pittsburgh and Philadelphia Offices of Weltman, Weinberg & Reis Co., L.P.A.
Weltman, Weinberg & Reis Co., L.P.A. (WWR), the nation’s largest creditors’ rights law firm based on revenue and placements according to Collections & Credit Risk magazine, is pleased to announce that attorney Patricia L. Blais has been named as the Manager of the Foreclosure/Evictions department for the Pittsburgh and Philadelphia offices of WWR.

Patricia L. Blais works in the Foreclosure/Evictions department of the Pittsburgh office. In addition to her work with WWR, Ms. Blais also operates the Law Office of Patricia L. Blais, P.C. Ms. Blais has a B.A. in History and Women’s Studies from the State University of New York at Buffalo (1984) and a J.D. from the Duquesne University School of Law (1989). A member of the Pennsylvania State and Allegheny County Bar Associations, Ms. Blais is licensed in the state court of Pennsylvania and admitted to practice before the U.S. District Court (Eastern and Western Districts of PA), the Third Circuit Court of Appeals and the U.S. Supreme Court. She has been practicing law for over 18 years and has state and federal court experience in foreclosure, bankruptcy, medicinal malpractice, personal injury, and workers’ compensation issues. Ms. Blais’ community involvement includes the Bellevue Avalon Baseball Association and the North Community Service Center.

04-04-2007

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Kirkpatrick & Lockhart Preston Gates Ellis LLP

Pittsburgh Post-Gazette Survey Ranks K&L Gates Among Best Workplaces in Pittsburgh
Kirkpatrick & Lockhart Preston Gates Ellis LLP (K&L Gates) has been named one of the “Best Places to Work in Pittsburgh” by the Pittsburgh Post-Gazette. According to the publication’s annual Top 50 rankings, K&L Gates ranks fourteenth in the “more than 500 employees” category and is listed as the top law firm in that same category.

The rankings are based on results of a Post-Gazette online survey that asks nearly 3,000 Pittsburgh-area workers to rank their employers based on 10 characteristics, from family-friendly policies, flexible hours and ease of commute to pay, benefits and even food. The rankings were divided into three categories—companies with fewer than 50 employees, 50 to 500 employees and more than 500 employees.

Michael Zanic, Administrative Partner of K&L Gates’ Pittsburgh, said: “We are extremely proud to make the ‘Best Places to Work’ list. Our ranking as the best law firm to work for in Pittsburgh is a testament to our dedication to our employees and to creating and maintaining a rewarding and productive work environment.

04-04-2007

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Kirkpatrick & Lockhart Preston Gates Ellis LLP

K&L Gates and Howard University School of Law Present the Fourth Annual James M. Nabrit Jr. Lecture
Kirkpatrick & Lockhart Preston Gates Ellis LLP (K&L Gates) and Howard University School of Law are pleased to present the fourth lecture in a four-part series honoring James M. Nabrit Jr., former president of Howard University and former dean of its Law School.

In addition to his accomplishments during his career at Howard University, Nabrit was also respected as a private citizen, lawyer and activist who protected the civil liberties of millions of Americans and is perhaps is best known for his role in ending segregation.

In March 2004, K&L Gates (then known as K&LNG) partnered with Howard University School of Law to establish a multi-year series of lectures that seek to further the message of equality promoted by Nabrit himself.

This year’s lecture will be held on April 5, 2007 and will include comments by Congressman Charles B. Rangel (D-NY), Chairman of the House Committee on Ways and Means.

Howard University School of Law Dean Kurt L. Schmoke said: “We are greatly appreciative of the support given by Kirkpatrick & Lockhart Preston Gates Ellis LLP to programs of legal education. It would not be possible for the School of Law to present distinguished individuals representing the diversity of the legal profession without support from the private bar.”

K&L Gates’ Chief Diversity Officer Carl G. Cooper said: “In the four years since we first partnered with Howard University to present the Nabrit series, the cause of equality has continued its climb to the height of our national consciousness. As we look ahead to what remains of this ascent, we must also reflect on the progress made by those early champions of the cause, among the most significant of whom was James Nabrit Jr. We are proud to again honor his contributions to racial justice and to further the spirit in which they were made.”

Peter J. Kalis, K&L Gates’ Chairman and Global Managing Partner, said: “It is a privilege to once again join Howard University Law School in recognition of James Nabrit Jr. Our annual lectures give us a unique opportunity to reflect on what both of our organizations embrace every day—namely the role of civil liberty in the law and our country and the importance of social change. Decades after James Nabrit began his crucial work, these issues are as relevant now as they were then. It is with pleasure that we continue our association with Howard and its students to underscore the timelessness of Nabrit’s messages and to celebrate the man behind them.”

The lecture will be held on Thursday April 5 at the Howard University School of Law Moot Court Room, 2900 Van Ness Street, N.W., in Washington, D.C.

Following Congressman Rangel’s remarks, U.S. Supreme Court Associate Justice Ruth Bader Ginsburg will lead an invitation-only conversation with Howard’s student body.

04-04-2007

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