Law Firm News

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Law Firm News

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Van Etten, Suzumoto & Becket, L.L.P.

Telephony Online Publishes Article on Net Neutrality by Jeff Torres
Telephony Online magazine published the article "Net Neutrality Dies...For the Moment" by Jeff Torres and Brittany Hamelers, summer associate (both Chicago) in its July 7 edition.

08-02-2006

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Sherin & Lodgen LLP

In Lena A. Humphrey v. Florence Byron, SJC adopted the position advocated by Sherin and Lodgen LLP in its amicus brief.
On July 21, 2006, in the case of Lena A. Humphrey v. Florence Byron, the Massachusetts Supreme Judicial Court held that a commercial landlord does not have a duty to maintain leased premises in a ""safe condition"" unless he expressly undertakes to do so in the lease.

Edward S. Cheng of our firm (with the advice and participation of Edward M. Bloom) filed an amicus brief on behalf of the Massachusetts Defense Lawyers Association which advocated for the result adopted by the SJC.

08-02-2006

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Rivkin Radler LLP (Long Island)

Rivkin Radler Hosts Russian Judges Through Open World Program
Rivkin Radler LLP hosted six judges from Russia through an exchange sponsored by the Open World Leadership Center. The judges had the opportunity to meet with its Managing Partner, William M. Savino, members of the firm's Executive Committee, and legal dignitaries to exchange ideas and information about the ever-changing practice of law. Afterward, the group toured the firm's offices at Reckson Plaza.

""My partners and I were pleased to have been chosen to host this group of esteemed members of the Russian judiciary. It was truly fascinating to learn more about the Russian courts and to give them insight into how a major American law firm operates,"" remarked William M. Savino.

The Open World Program offers a unique opportunity for law professionals throughout the world to gain a glimpse into the U.S. judicial system. The visit was made possible by Hofstra University School of Law and the Honorable Joanna Seybert, U.S. District Court, who organized the week-long excursion to Long Island. The judges, Aleksandr Anatoliyovych Ferapontov, Losif Rodionovich Kolesov, Liliya Ivanovna Kotsar, Yevgeniy Fedorovich Panasevich, Irina Nikolayevna Sabayeva and Anastasiya Yuryevna Demkiv-Naumchenkova, also visited the Brooklyn Courthouse, the Central Islip Courthouse, and Hofstra University.

Asked whether law firms in Russia are much like Rivkin Radler, Russian law student, Demkiv-Naumchenkova, replied in fluent English, ""Only the very very nice ones."" Regarding what they found most interesting about the practice of law here, Judge Kotsar added that she ""was impressed with the level of support and technology utilized in the American judicial system.""

In appreciation for the firm's hospitality, William M. Savino was presented with a lapel medal from The Court of Koryak Authonomous District, which was in commemoration of its 70th year, and several beautiful handmade, traditional Russian gifts from the Khokl and Northeast regions of Russia, which will later be framed for display.

During their visit, the judges also discussed the changes that have occurred in the Russian judicial system since the fall of communism. Judge Ferapontov replied, ""There is much more respect and trust in the judicial system. We saw 7 million cases filed. There is definitely more confidence in using the courts to resolve disputes.

08-02-2006

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Kohn Swift & Graf P.C.

KSG Featured in Philadelphia Business Journal
The Philadelphia Business Journal recently featured KSG as one of the many prominent Philadelphia class action firms in its July 21, 2006 article ""Top of the Class."" The article highlights KSG's pioneering role in the development of the modern class action.

Harold E. Kohn's representation of public utilities that accused giant electrical equipment manufacturers of price fixing earned his clients a $29 million verdict in 1965 and himself the reputation as the father of the modern class action lawsuit ... his son Joseph has picked up the mantle at the 18-lawyer firm of Kohn, Swift & Graf.

08-02-2006

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Klinedinst, Attorneys At Law

Klinedinst Attorney Wins Real Estate Failure to Disclose Toxic Mold Case
Kevin J. Gramling, the managing shareholder in Klinedinst's Santa Ana office, recently won a complex bench trial where the Plaintiffs alleged that the sellers of a condominium failed to disclose the presence of toxic mold.

Klinedinst represented a husband and wife who sold their Huntington Beach condominium to the Plaintiffs in November, 2004. Weeks after escrow closed, the Plaintiffs began experiencing water leaks and noticing water stains. The Plaintiffs hired construction and industrial hygienist experts to examine the problem. The experts concluded that two exterior decks and the condominium's wood siding were indeed leaking and causing mold growth.

The Plaintiffs and their two minor children moved out of the condo in January, 2005. One child was hospitalized repeatedly for symptoms allegedly caused by exposure to toxic mold spores. The other Plaintiffs complained of symptoms frequently associated with mold exposure, including respiratory ailments, rashes, and fatigue.

Four months after purchasing the condo, the Plaintiffs filed a lawsuit against the sellers, their real estate agent, the homeowners association, the termite inspector and the home inspector. Plaintiffs alleged causes of action for negligence, fraud, breach of contract, and negligent misrepresentation against the sellers. The Plaintiffs were seeking over $250,000 in damages from the sellers; all other parties settled prior to trial. The sellers denied experiencing leaks while living there, and denied covering up the water stains prior to completion of the real estate transaction.

Klinedinst attorneys were brought in to represent the sellers, and Kevin J. Gramling personally handled the case. Mr. Gramling has defended housing manufacturers, developers, mobile home park owners, apartment owners/managers, and commercial building owners in toxic tort litigation. Mr. Gramling's experience in complex toxic mold trials, including a defense verdict in the first mold wrongful death case to go to trial, was recognized as being crucial for the defense, especially with allegations of health ailments involving minor children.

In June, 2006, the bench trial (bifurcated) began in Orange County Superior Court, with Judge Derek Hunt presiding. The Plaintiffs presented numerous experts to prove their case, including a general contractor and a certified industrial hygienist. Mr. Gramling, on behalf of the sellers, was able to cut through the myths involving toxic mold, and presented a clear, concise defense without calling any expert witnesses.

On June 29, 2006, a minute order was issued finding in favor of the Defendants on all causes of action. The Defendants will file a memorandum of costs, and a motion for attorneys fees to recoup nearly $60,000 in fees and costs.

The impact of this case could be far-reaching, especially in light of the incredible number of real estate transactions in California. There are still many myths that surround mold and other toxic torts, and we expect these failure to disclose lawsuits to continue in the future.

08-02-2006

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Hill Wallack LLP

HILL WALLACK LLP PARTNER FEATURED SPEAKER AT MREIA SEMINAR
Anne L. H. Studholme, a partner with the law firm of Hill Wallack LLP, was recently a featured speaker at the Metropolitan Real Estate and Investors Association General Meeting. She gave a presentation on the topic “It’s My Property! Why Can’t I Do What I Want With It?” discussing zoning, eminent domain and easements.

Ms. Studholme is a partner of the Land Use Division which includes the firm’s Land Use Applications, Land Use Litigation and Environmental Applications Practice Groups. She concentrates her practice in development applications and litigation, as well as federal civil litigation, complex litigation and legal malpractice. A graduate of Princeton University, she earned her law degree from University of North Carolina, Chapel Hill, and is admitted to practice in New Jersey and North Carolina.

08-02-2006

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Herold And Haines, P.A.

James Wyse to teach Tax Benefit & Appraisal Seminar
James Wyse will be teaching a seminar on "Tax Benefits & Appraisals" at the Land Trust Alliance National Rally in Nashville TN on October 12, 2006. The seminar will cover tax benefits associated with various kinds of conservation-related donations. You can visit the conference website at www.lta.org/training/rally.htm.

08-02-2006

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