Law Firm News

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Law Firm News

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Baker Botts LLP

Texas 'Rising Stars 2007' Includes 62 Baker Botts Lawyers
Texas Monthly has published the "2007 Texas Rising Stars/Super Lawyers" list in its April issue. Sixty-two (62) lawyers from Baker Botts received the honor as "Texas Rising Stars" in their primary practice area.

Law & Politics worked with Texas Super Lawyers magazine on nominating the best up-and-coming lawyers under 40 who have been in practice for 10 years or less. A “Texas Rising Star” is a lawyer who, in the judgment of the nominator, will one day be elected to the ranks of Texas Super Lawyers.

03-23-2007

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Goldberg Segalla, LLP

Goldberg Segalla is pleased to announce its further expansion with the opening of an office in Philadelphia, Pennsylvania.
The Philadelphia office represents the ninth for Goldberg Segalla, since it first opened in 2001. The office is located at 30 South 17th Street, Suite 1800, Philadelphia, PA, 19103-4005. Henry J. Noye, who joined the firm as a partner, will be resident in the Philadelphia office. Mr. Noye is a litigator who concentrates his practice on defending complex product liability, personal injury and commercial litigation cases. His product liability practice involves the representation of manufacturers, retailers, and distributors of a wide variety of industrial and consumer products including heavy industrial machinery; outdoor power equipment; glass products; medical devices and overhead commercial doors. Mr. Noye also has toxic tort experience, including the successful representation of manufacturers and distributors against claims of personal injury or property damage as a result of exposure to asbestos and silica. Mr. Noye is a certified Arbitrator for the Philadelphia County Court of Common Pleas, Compulsory Arbitration Program. Prior to joining Goldberg Segalla he was at McCarter & English for six years as a member of the firm's Products Liability Practice Group. Mr. Noye is admitted to the Bars of Pennsylvania and New Jersey.

03-23-2007

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Goldberg Segalla, LLP

Goldberg Segalla LLP continues its growth on Long Island and welcomes Paul S. Devine and Brian W. McElhenny as partners.
Paul S. Devine has over 27 years of experience as a trial lawyer and has successfully defended public and school transportation providers and is experienced in municipal liability, products liability, civil rights claims, construction worksite accidents and catastrophic injury cases. He is Chairman of the Trial Lawyers’ Section of the Nassau County and Suffolk County Bar Associations. Brian W. McElhenny has 26 years of experience in the courts on Long Island and downstate New York, and defending clients in municipal liability, Labor Law, product liability, insurance coverage and premises liability cases. He has tried more than 75 cases. He has also argued more than 60 appeals, including some which have resulted in precedent-setting decisions. He is a member of the Committee on Products Liability and the Committee on Insurance Coverage within the Torts, Insurance and Compensation Law Section of the New York State Bar Association. Joining Messrs. Devine and McElhenny in Goldberg Segalla’s Long Island office are associates Marianne Arcieri, Christopher M. Hart and Samantha B. Lansky. Ms. Arcieri and Ms. Lansky have each been practicing since 1999 and concentrate their respective practices on the areas of insurance defense and coverage litigation, premises liability, worksite injury litigation, municipal liability litigation, appellate advocacy and railroad litigation. Mr. Hart concentrates his practice on the areas of insurance defense litigation, premises liability litigation, municipal liability litigation, worksite injury litigation, motor vehicle liability litigation. Each of Goldberg Segalla’s newest attorneys in the Long Island office was formerly affiliated with Curtis, Vasile, Devine and McElhenny.

03-23-2007

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Girvin & Ferlazzo, PC

Langlois Recognized at Siena Pre-Law Mentor Event
Christopher Langlois, a partner with the Girvin & Ferlazzo, P.C. law firm was recently recognized at the Siena College Pre-Law Mentor Event, held on April, 15, 2004, for his volunteer work coaching Siena's two Moot Court/Mock Trial teams in the 2003-2004 academic year. In February, Mr. Langlois and sixteen Siena students traveled to St. John's University in Queens, New York, to participate in a regional competition.

03-23-2007

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Girvin & Ferlazzo, PC

Honeywell Elected President of Alumni Association
Jeffrey D. Honeywell, a partner with the Girvin & Ferlazzo, P.C. law firm in Albany, has been elected President of the St. Lawrence University Alumni Association. Representing a membership of over 28,000 alumni, one-thousand of whom are located in the Capital District, Mr. Honeywell will preside over the Executive Council of the Alumni Association which acts as an advocate for alumni issues. Currently serving as Vice-President, he will assume the position of President this June for a two-year term.

“I have always been active in alumni affairs and have enjoyed being part of the Executive Council for the past six years,” says Mr. Honeywell from his law office at Girvin & Ferlazzo. “I am honored to have been elected President and I’m looking forward to working on behalf of the University and the Association in this role.”

"Jeff Honeywell is an exemplary leader among St. Lawrence alumni” states Lisa M. Cania Associate Vice President for University Relations. “He brings to his new role as Alumni Council president insightful understanding of liberal arts education complemented by profound loyalty to St. Lawrence. He is respected by all who know him and we are honored by his commitment to current students and fellow alumni."

Mr. Honeywell earned his BA degree from St. Lawrence in 1980, graduating magna cum laude. He received his law degree from Albany Law School of Union University in 1983, graduating cum laude. As a partner with Girvin & Ferlazzo, Mr. Honeywell practices almost exclusively in the areas of education and school law, focusing on labor and employment law, and commercial litigation, representing both public and private employers. He is also a frequent speaker in the areas of Education Law and Labor and Employment Law. A resident of the Capital Region for over 15 years, Mr. Honeywell currently resides in Glenmont with his wife and three children.

“My experience in education law and litigation has enabled me to be a strong advocate for alumni issues, “ says Mr. Honeywell. “As part of my service on the Executive Council I was responsible for revising the Association’s constitution and by-laws of council, and it has been a pleasure to put my experience and education to work on behalf of the University.”

St. Lawrence University, located in Canton, NY, is a liberal arts university with a student population of 2000. It was chartered in 1856 and is the oldest co-educational institution in New York State. The Alumni Association, which is run by an Executive Council of 36 elected members, is dedicated to enhancing the ways that alumni, parents, and friends connect and interact with the University and each other. The mission of the Executive Council is to advocate for alumni issues and support the university in its mission.

03-23-2007

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Gibson & Behman, P.C.

G&B’S RHODE ISLAND OFFICE SUCCESSFUL IN WORKERS’ COMPENSATION TRIAL
Brian Dougan of G&B’s Rhode Island office achieved a substantial Trial win in the Rhode Island Workers’ Compensation Court. The claimant was alleging that on June 13, 2006, he was moving a rock onto a lift when he felt soreness in his groin area, which has continued to get worse and will require hernia surgery. The claimant’s petition was for weekly benefits from November 18, 2006 through the present, medical payments, counsel fee and filing fee. On February 12, 2007, the claimant’s petition for benefits was denied by the Court at the pre-trial conference and the claimant filed a timely appeal which necessitated this trial.

In order to overcome the court’s pre-trial ruling and secure benefits, the claimant has the burden of proving that his alleged injury arose out of and in the course of employment and that he has a disability which prevents him from performing his job duties. Woods v. Safeway System, 101 R.I. 343 (1966).

The claimant testified that his groin/hernia injury occurred on June 13, 2006 while he was moving a rock onto a lift. However, on cross examination the claimant admitted that he did not report the injury at the time it occurred, despite the fact that the claimant’s supervisor, Franklin Arts, was present at the alleged injury site. The claimant continued to work for Earth Scape until November 2006, when he was laid off by Mr. Arts due to lack of work.

The claimant did tell Mr. Arts about the injury in July 2006. He said the injury occurred three months earlier, not in June as the claimant now alleges. Moreover, the Rhode Island Hospital notes from August 17, 2006, state that the claimant was injured five months prior, which would be March 2006, but in March 2006, Earth Scape, Inc. was closed for the season.

After the claimant was laid off from work in November, 2006, he filed for and received unemployment benefits from the Department of Labor & Training. The claimant collected unemployment benefits from November 18, 2006, through January 2007. The claimant admitted on cross examination that he signed the unemployment forms which stated that he was willing and physically able to work. This is strong evidence that he was not injured and not disabled from working.

Attorney Dougan then admitted into evidence the complete records of the Department of Labor & Training. Testimony was also heard from Franklin Arts, President of Earth Scape, who testified he was on the jobsite on the day of the alleged injury and no injury was ever reported nor did he witness any injury. He further testified that from the date of the alleged injury, June 13, 2006, the claimant never missed a day of work and was never physically limited in his job duties.

Judge Rotundi found in favor of Earth Scape, Inc. and denied the claimant’s petition for benefits. Judge Rotundi found that the inconsistency of the medical records, the failure to report the injury immediately and the fact that he was collecting unemployment was enough evidence to find for the employer and that the claimant had not carried his burden. The claimant’s petition was denied and dismissed with prejudice.

03-23-2007

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Gibson & Behman, P.C.

GIBSON & BEHMAN OBTAINS DEFENSE VERDICT IN SLIP AND FALL CASE
Attorneys H. Charles Hambelton and Christopher Cifra of G&B’s Burlington office recently triumphed in the case of Richards v. Roche Brothers Supermarkets, Inc., tried for a week in Norfolk Superior Court. The plaintiff alleged that the defendant was negligent in its maintenance of a sidewalk. There was both a gap and a height differential between two slabs on the sidewalk which the plaintiff alleged that she tripped on and fractured her elbow, jaw and sternum. As a result, the plaintiff had over $65,000 in medical specials and was claiming in excess of $100,000 in lost wages and loss of earning capacity. The plaintiff’s demand prior to the start of trial was $650,000. During the course of a week long trial, the plaintiff called both a neurologist and an engineer as experts.

During the trial, defense counsel was able to show, through the plaintiff’s medical history and records, that the plaintiff was uncertain whether she actually tripped or had fainted, causing her to fall. The plaintiff’s pre- and post-accident medical records demonstrated that the plaintiff had certain medical conditions which caused her to suffer episodes of lightheadedness and imbalance.

Although the jury found that a defect existed and, therefore, that the defendant was negligent, the jury found that the plaintiff had not proven that the defect actually caused her to fall. Particularly helpful to this result was the concession by plaintiff’s neurology expert on cross-examination that this was an “unexplained fall.

03-23-2007

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