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Atty. Kathleen Nastri Discusses E-coli
E-coli in food remains a concern throughout the region. Atty. Kathleen Nastri discusses these product liability cases during a television interview. E-coli and salmonella have be found in packaged foods of all types.

03-11-2007

Weil Gotshal Partner Matt Powers to be Inducted into the American College of Trial Lawyers
Matthew D. Powers, Weil, Gotshal & Manges LLP partner and co-head of the firm’s Litigation/Regulatory Department, will join an elite group of trial attorneys when he is inducted into the American College of Trial Lawyers this week. Founded in 1950, the College is composed of the premier attorneys of the trial bar from the US and Canada and is considered the top trial organization in America. Membership is extended by invitation only to those experienced trial attorneys who have mastered the art of advocacy and who demonstrate the highest standards of ethical conduct, professionalism, civility and collegiality. There are currently only 5,000 members in the US and Canada, and membership can never exceed 1% of the total lawyer population of any state or province.

03-11-2007

Michael C. Haines, a member of the firm, was re-elected to the Board of Directors of the Michigan Oil & Gas Producers Education Foundation.
Michael C. Haines, a member of the firm, was re-elected to the Board of Directors of the Michigan Oil & Gas Producers Education Foundation. The Michigan Oil & Gas Producers Education Foundation provides financial support for programs that inform the citizens of Michigan about the importance of Michigans local oil and natural gas industry and about the environmental safeguards that the Foundation employs.

03-10-2007

Morris, Manning & Martin Represents Noble in Creation of New Acquisitions Fund
Morris, Manning & Martin’s Real Estate Capital Markets Group recently represented Noble Hospitality Fund, LLC in connection with the private placement of $310 million of limited liability company interests. Sean Reynolds, Lauren Prevost and Kevin Wright provided legal services to the fund.

The investors include a large private equity fund, some of the largest state and local pension plans in the United States and one of the largest private university endowments in the United States. With the use of leverage, Noble Hospitality Fund, LLC intends to acquire a portfolio of hotel and hospitality properties with a cost basis of approximately $1 billion.

For over three decades, Morris, Manning & Martin has enjoyed a nationally recognized real estate practice. The firm’s Real Estate Capital Markets Group focuses on the creation of REITs and real estate investment funds, and works with its clients to access and implement the use of capital in the real estate industry. The firm’s REIT practice includes work for public REITs, and for non-traded REITs that are publicly registered and publicly offered. The group also represents private funds, including funds placed to both institutional investors and high net worth individuals. Recent and current offerings and placements total almost $4.5 billion.

03-09-2007

Shipman & Goodwin Attorney Takes Unusual Tack in Dental Malpractice Case, Arguing that Plaintiff Suffered From a Psychiatric Disorder
A Hartford trial attorney defending a dental malpractice trial took an unusual tack, arguing that the plaintiff suffered not from botched root canal treatments but from a psychiatric disorder.

Following a Superior Court trial that spanned 12 weeks, the jury shut out the plaintiff's claim for noneconomic damages (pain and suffering) based, in large part, on the theory that her suffering and symptoms stemmed from a psychiatric condition. She was awarded just $2,600 in economic damages.

"Three months and the plaintiff was awarded less than $3,000," said Robert R. Simpson, a partner at Shipman & Goodwin, who defended the case with Ami V. Gadhia, an associate at the firm. "This is a clear sign that the disorder trumped the damages. Our strategy was to go beyond the conventional malpractice defense given the hand we were dealt. The evidence established a decades-long pattern of behavior in which the plaintiff visited doctors with a range of complaints - only to have the doctors find repeatedly that there were no objective findings to support her subjective complaints."

The plaintiff's case centered on root canal treatments performed by a Danbury dentist, Allen Hindin, on two of her teeth. Louise Mayne claimed that Dr. Hindin's treatment resulted additional medical and dental treatment, including sinus surgery, loss of teeth, a hole in her sinus, headaches, nasal drainage, lost time from work and a plethora of other injures.

As a result, Ms. Mayne said she suffered from "great mental physical pain and anguish," including permanent sinus damage and infection, an inability to eat due to nausea and vomiting, and "intense pressure" to the left side of her face. She said she also had to leave her teaching job.

At trial, Dr. Adrienne Bentman, a board certified psychiatrist and internist and Director at the Institute of Living, rendered a powerful opinion that "based on the six feet of medical records, Ms. Mayne suffers from a psychiatric disorder called undifferentiated somatoform disorder." Patients with the disorder have complaints that are unsupported by any objectively identifiable physical condition, or have complaints that are well in excess of an actual medical problem. Medical practitioners believe the disorder can be used as a way to cope with stress or to achieve "secondary gains," such as attention, caring or financial rewards.

Simpson and Gadhia supported their case with voluminous medical records, including records showing the woman had visited health care professionals hundreds of times since the 1970s.

"We created an electronic timeline that highlighted her history of symptoms without clinical support," said Simpson. "Our goal was to demonstrate for the jury exactly what her medical record looked like. We believe it was very effective in establishing an unmistakable pattern consistent with this psychiatric disorder. The challenge was to highlight the evident psychiatric component without attacking a very sympathetic witness. The jury's decision to award zero in noneconmic damages indicates that we were able to walk the tightrope without falling off.

03-09-2007

Partner Daniel C. DeCarlo and associate Mina I. Hamilton obtain a unanimous verdict in Los Angeles Federal District Court
The Firm’s Intellectual Property group obtained a significant trial victory on March 9, when partner Daniel C. DeCarlo and associate Mina I. Hamilton obtained a unanimous verdict in Los Angeles Federal District Court for the Firm’s client Patriarch, Inc. The case involved claims of breach of contract, misappropriation of trade secrets and copyright infringement. The Firm’s client was awarded $550,000 in damages.

03-09-2007

Daphne Webb Named Among The Top 50 And The Top 25 Women Wisconsin Super Lawyers
Daphne Webb has been named among the Top 50 and the Top 25 Women Wisconsin Super Lawyers.

Webb, who has developed an extensive family law practice over the past 36 years, focuses on financial issues relating to divorce. Her depth of experience includes mediation, alternative dispute resolution, collaborative law and litigation. She is a founding member of the Collaborative Family Law Council of Wisconsin, Inc. and a fellow, since 1998, of the American Academy of Matrimonial Lawyers. She is a member of the Board of Governors of the American Academy of Matrimonial Lawyers, and President of the Wisconsin Chapter of the American Academy of Matrimonial Lawyers. She is a member of the Board of Directors of the Divorce Cooperation Institute, Inc.

Her broad range of experience in family law matters includes division of marital interests in small and large businesses, marital property agreements and prenuptial agreements, valuation and division of stock options and tax-deferred plans, and negotiation and trials concerning spousal maintenance, child support and family support.

03-09-2007

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