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“Recent Asbestos Defense Wins”
G. Michael Lewis and McLaine DeWitt Herndon recently achieved dismissal for two asbestos defense clients. One Defense client, sued as a products manufacturer, was dismissed without prejudice early in the case when Michael Lewis and McLaine Herndon demonstrated that the Plaintiff could not meet the pleading standard for multi-defendant asbestos cases. Additionally, they demonstrated that among other deficiencies, the Plaintiff was unable to meet the requirements of negligence thus negating the heart of the Plaintiff’s action. Approximately four months after this manufacturer was sued, the Defendant was released without prejudice on a Motion to Dismiss for failure to state a claim. While the case is still pending and the dismissal was without prejudice, the dismissal was still an important win.

The second win came in the form of a Motion for Summary Judgment when Michael Lewis and McLaine Herndon demonstrated that as a property owner, their client was entitled to the Hatley defense and should be dismissed from the suit as a matter of law. Since the case is still proceeding with other defendants, the dismissal is not finalized, but still represents an important victory for this client.

12-20-2006

TOP 50 OKLAHOMA LAWYERS
Doerner, Saunders, Daniel and Anderson is proud to announce that Elise D. Brennan has been selected as one of The Top 50 Oklahoma Super Lawyers by Oklahoma Magazine. Oklahoma Magazine worked with Law & Politics’ research department to determine the candidates based on experience, verdicts and settlements, special licenses and certifications, representative clients and several other indicators.

Ms. Brennan has practiced healthcare law for over 23 years and has been named to The Best Lawyers in America® since 1991. She has served as an arbitrator or mediator in health care provider disputes ranging in controversy from $50,000.00 to $23,000,000.00.

TOP 25 OKLAHOMA WOMEN LAWYERS

Ms. Brennan and Rachel Blue were also listed among the The Top 25 Women Lawyers in Oklahoma by Law & Politics and Oklahoma Magazine. Ms. Blue's practice is concentrated on trademark, copyright, franchise and unfair competition issues.

12-20-2006

6 DPNK LAWYERS WERE NAMED AS AN INDIANA SUPER LAWYER FOR 2007
Norman R. Newman, David H. Kleiman, James P. Moloy, Jeffrey A. Abrams, James H. Schwarz and Mark R. Waterfill were named an Indiana Super Lawyer for 2007.

Indiana Super Lawyers is a joint project of Law & Politics Magazine and Indianapolis Monthly and has been published for 16 years. More than 13,000 surveys were mailed to all lawyers across Indiana asking them to name the best lawyers they have personally observed in action. The multi-step selection process takes approximately nine months. In addition to the survey, Law & Politics researches credentials of nominees, assembles a blue ribbon review panel of leading attorneys from each practice area, directly contacts lawyers and law firm representatives, verifies data and conducts a good-standing review of the candidates. Each “super lawyer” was chosen by their peers as being among the best in their profession and only 5% of Indiana lawyers received this distinction.

12-20-2006

Cullen and Dykman LLP Represents Girl Scouts of Nassau County in Sale of 65 Acres of Bayfront Property
he Girl Scouts of Nassau County has announced that it plans to sell 65 acres of bayfront property in Hampton Bays, New York to the Town of Southampton, and that the land will be preserved as a public beach. Cullen and Dykman LLP, led by Jeffrey Herz , a partner who handles real estate and corporate matters, is representing the Girl Scouts of Nassau County.

The property being sold had been used by the Girl Scouts of Nassau County as Camp Tekakwitha, and is located along the Great Peconic Bay on Long Island. The sale price is $16.5 million.

Cullen and Dykman LLP handles all types of real estate matters for its public, private and not-for-profit clients. In addition to the purchase and sale of residential and commercial properties, the firm handles leasing, zoning, tex certiorari, and real estate financing matters.

12-20-2006

Cullen and Dykman LLP Holds Seminar on Liability Issues for Self-Storage and Moving Companies
Cullen and Dykman LLP recently held a lecture for the General Casualty Company of Wisconsin on liability issues for self-storage and moving companies.

The seminar was presented by Joseph Miller and Andrew G. Vassalle of the firm’s Litigation Department. Mr. Miller is a partner in the firm and represents several self-storage and moving companies and the insurers who insure such companies. Mr. Vassalle is Of Counsel to the firm and has been involved in the defense of first and third-party matters for 20 years.

Cullen and Dykman LLP is a member of the New York State Self Storage Association. The firm counsels self-storage and moving companies on contract, liability and general legal issues.

12-20-2006

Cullen and Dykman LLP Wins New York City Utility Tax Case
Cullen and Dykman LLP has obtained a favorable determination before the New York City Tax Appeals Tribunal in an important utility tax case that has potential far-reaching consequences for retail gas marketers.

The case involved an audit by the Department of Finance of the City of New York claiming that Castle Power LLC, a retail natural gas marketer, owed New York City Utility taxes on its retail sales of natural gas to customers located in New York City. The City had argued that the gas sales occurred at the customers’ meters located on the customers’ premises and were subject to the City Utility Tax. Adopting Castle Power’s position, the New York City Tax Appeals Tribunal, Administrative Law Judge Division determined that the sales, in fact, took place outside of New York and that Castle Power owed no tax whatsoever.

This case may have far-reaching consequences for a number of other retail gas marketers being audited by the Department of Finance of the City ofNew York, many of whom are clients of Cullen and Dykman LLP.

Peter Metzger was the lead attorney from Cullen and Dykman LLP representing Castle Power LLC in the case. Mr. Metzger, a partner in the firm's Corporate Department, counsels clients on a wide variety of state and local tax, corporate, and energy regulatory matters. Also involved in the case from Cullen and Dykman LLP were Of Counsel, Joseph Stevens and associate, Deborah Franco.

Cullen and Dykman LLP is a general practice law firm serving a wide array of clients, including individuals, large and small businesses, financial and educational institutions, insurance companies, municipalities and not-for-profits. The firm's practice areas include state and local taxation, corporate and commercial law, real estate, banking, foreclosure, bankruptcy, tort and commercial litigation, energy law, labor and employment law, municipal law, tax certiorari and trusts and estates.

12-20-2006

Tom Czik Co-Authors Article for the American Bar Association's "Construction Lawyer"
Thomas D. Czik, of-counsel to Cullen and Dykman LLP, co-authored an article for the Fall 2006 edition of The Construction Lawyer, a journal put out by the American Bar Association. The article is entitled "Prerequisites to Litigation: Notice, Documentation, and Claim Submission." Czik co-authored the article with his sister Jayne Czik, an attorney with MTA Capital Construction in New York.

Mr. Czik focuses his practice in the areas of construction and government contracts. He represents owners, general contractors, subcontractors, specialty contractors, banks and sureties in a broad range of disputes involving construction. In addition to litigation, he provides project counseling to construction participants, including advice on defending and prosecuting claims.

Mr. Czik speaks frequently to construction industry associations and writes articles on topics of interest to the construction industry. He is the author of "New York Lien Law.

12-20-2006

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