Law Firm News

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Smith, Sovik, Kendrick & Sugnet, P.C.

Trial Win for Eric G. Johnson, Esq. in Medical Malpractice Case
Eric C. Johnson, Esq., defended an OB/GYN who cared for the plaintiff in the hospital post-partum. Plaintiff claimed negligent care and treatment of a post-partum uterine infection which ultimately resulted in the 34-year old plaintiff having to undergo a total abdominal hysterectomy. After six days of trial, in Onondaga County Supreme Court before Judge Deborah Karalunas, the jury returned a "No Cause.

05-19-2007

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Shook, Hardy & Bacon, LLP

SHB Obtains Defense Verdict in Toxic Tort Trial
At the conclusion of a five-week trial, a jury of eight women and four men delivered a defense verdict in a toxic tort case that involved the claims of four bellwether plaintiffs. Susan Fralick Ball, et al. v. Bayard Pump & Tank Co, et al., in the Court of Common Pleas of Montgomery County, PA, No. 99-06438.

The Shook, Hardy & Bacon team of Partners Dave Erickson and Paul Williams, Of Counsel Joel Mosher, and Associate Seth Miller successfully argued that the claims of four plaintiffs, including cases of autism and acute myelogenous leukemia, were not the result of a 1998 Pennsylvania gas station leak.

The case was brought in 1999 against several defendants on behalf of 49 plaintiffs living in Blue Bell, Pennsylvania. Those original defendants in turn brought several other defendants into the case.

Plaintiffs alleged that constituents of gasoline, especially the BTEX compounds (benzene, toluene, ethyl benzene, and xylene), and MTBE (a gasoline additive), migrated from the Blue Bell Gulf station through the groundwater under their homes, and then fumes from the gasoline entered the homes via soil-vapor intrusion.

Defendants countered that the Pennsylvania Department of Environmental Protection protected human health and the environment. Defendants also contended that no contamination reached the plaintiffs' homes, either directly or through soil-vapor intrusion.

On February 27, 2007, the court adopted the bellwether trial plan, which also involved defendants’ reverse bifurcation. The only issues to be tried under the scheduling order were whether the contaminants of concern reached the plaintiffs’ property; whether the contaminants of concern entered the plaintiffs’ homes/houses; whether exposure to the contaminants of concern caused the personal injuries claimed; whether exposure to the contaminants of concern warranted the plaintiffs’ medical monitoring claims; whether exposure to the contaminants of concern caused property damage and property value diminution; and the amount of plaintiffs’ damages.

The court informed the jury that at least 13,000 gallons of gasoline were released at the Blue Bell Gulf station. While the release was discovered in May 1998, no one knew exactly when the leak started or how much gasoline leaked.

Plaintiffs’ medical expert and toxicologist opined that the plaintiffs’ maladies were caused by the BTEX and MTBE exposures and medical monitoring was appropriate. Plaintiffs’ real estate appraisal expert opined that their homes lost value. As defendants' experts explained, however, any exposure to gasoline or its constituents was insufficient to cause disease. Defendants also proved that property values in the neighborhood remain strong.

05-19-2007

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Shook, Hardy & Bacon, LLP

Judge Jon R. Gray Joins Shook, Hardy & Bacon as Partner
After more than 20 years of serving as a circuit judge in the Sixteenth Judicial Circuit of Missouri, Jon R. Gray has joined the Kansas City office of Shook, Hardy & Bacon as a Partner in the General Litigation Division. He is licensed to practice before the Missouri Supreme Court, the U.S. District Court for the Western District of Missouri, and the U.S. Court of Appeals for the Eighth Circuit.

In August 2007, Judge Gray will become chair of the Judicial Council of the National Bar Association. He is also active in The Missouri Bar, the Kansas City Metropolitan Bar Association and the Jackson County Bar Association. Judge Gray has served as a faculty member for the National Institute for Trial Advocacy in regional and national seminars since 1987 in addition to serving as faculty for the Kessler-Edison Program in Trial Techniques at Emory University School of Law and the Missouri Judicial College. His reviews and commentaries have appeared in legal and non-legal publications.

Judge Gray is a 1973 graduate of Grinnell College, where he majored in American Studies, and a 1976 graduate of the University of Missouri-Kansas City School of Law. He is a life member of the University of Missouri-Kansas City Alumni Association and the NAACP.

Judge Gray is active in a wide variety of community endeavors and currently serves on the executive committees of the Truman Medical Centers and the Lyric Opera of Kansas City. His past board affiliations include the Urban League of Greater Kansas City, the Kansas City Neighborhood Alliance, Friends of the University of Missouri-Kansas City Conservatory of Music, and ReStart, Inc., an interfaith program for the homeless.

He is active in both United Methodist Church and ecumenical affairs, having served as a member of the Missouri United Methodist Foundation, the Missouri West Board of Trustees and the National Council of Churches (USA). Judge Gray was elected to serve as a delegate to the United Methodist Church’s General and Jurisdictional Conference in 1988, 1992, 1996, 2000, and 2004. He was elected to an eight-year term on the Judicial Council of the United Methodist Church in 2004.

05-19-2007

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Shook, Hardy & Bacon, LLP

SHB Again Sweeps Global Product Liability Honors
For the third consecutive year, Shook, Hardy & Bacon has been named the global "Product Liability Law Firm of the Year" by Who's Who Legal -- The International Who's Who of Business Lawyers. It is the only firm so honored since the award's inception in 2005.

Based on a six-month independent research process, the award recognizes those lawyers and law firms that are considered preeminent in the field by their peers and general counsel in the business community. Firms from 48 countries and 50 U.S. states are considered for the overall leading firm honors.

SHB Chair John Murphy expressed gratitude for the recognition saying, "Hard work, creativity and providing practical solutions to our clients' complex legal problems define the service that enables Shook, Hardy & Bacon to stand out in such a competitive global environment. We are proud to be selected for a third straight year."

Who's Who Legal also honored seven SHB partners as outstanding product liability practitioners. They are Harvey Kaplan, Gary Long, Ed Moss, Tim Pratt, Frank Rothrock, Bill Sampson, and Victor Schwartz. This also marked the third consecutive year that more partners from SHB were honored than from any other firm worldwide. Who's Who noted that Harvey Kaplan was featured among the most highly regarded individuals in the research overall.

Referring to the firm's unrivalled third consecutive win, Who's Who Editor Callum Campbell characterized the honor as "an outstanding achievement." According to Campbell, "Shook, Hardy & Bacon's continuing success demonstrates its consistent and unparalleled level of individual and collective talent in this field. We have no hesitation in declaring Shook, Hardy & Bacon LLP the world's leading firm for product liability defense expertise.

05-19-2007

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Semmes, Bowen & Semmes, P.C.

10 From Semmes Named in "Maryland Super Lawyers"
10 principals from Semmes were named "Maryland Super Lawyers-2007" in Baltimore magazine and in Maryland Super Lawyers magazine. Super Lawyers identifies the top 5 percent of attorneys in the state using a rigorous selection and balloting process, conducted by Law & Politics. Nominees are selected by a survey of their peers and evaluated for their professional achievement and accomplishments in their respective areas of practice. Semmes is proud of the accomplishments, experience and commitment of all its attorneys, and we congratulate these members of our dedicated Semmes' team who have been honored by this special recognition.
10 From Semmes Named in "Maryland Super Lawyers"

James W. Bartlett honored for Transportation/Maritime
Heather H. Kraus honored for Workers' Compensation
Thomas McCarron honored for Insurance Coverage
J. Snowden Stanley, Jr. honored for Construction Litigation
James A. Johnson honored for Business Litigation
Robert E. Scott, Jr. honored for Personal Injury Defense: Products
JoAnne Zawitoski honored for Transportation/Maritime
Cleaveland D. Miller honored for Business/Corporate
Richard W. Scheiner, Firm Chairman, honored for Workers' Compensation
Rudolph L. Rose honored for Workers' Compensation

05-19-2007

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Semmes, Bowen & Semmes, P.C.

Seminars On Workplace Harassment Offered By Semmes Attorneys
Semmes' principals Donald F. Burke and Jonathan Topazian conduct employee seminars on "Harassment in the Workplace".

This workshop is intended to assist you, the employer, in understanding the law surrounding workplace harassment and to demonstrate how to react to allegations of workplace harassment you may encounter.

05-19-2007

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Semmes, Bowen & Semmes, P.C.

Semmes Welcomes New Attorneys
The following new attorneys have recently joined the firm:

Chad A. Michael
Associate, Workers' Compensation
Baltimore Office

Daniel P. Moloney
Associate, Workers' Compensation
Baltimore Office

Jason E. Rheinstein
Associate, General Business
Baltimore Office

Jeffrey M. Sherman
Principal
Washington & Virginia Office

05-19-2007

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