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Jury awards no more money in Porterville fire case.
McCormick Barstow attorneys, Gordon M. Park and Leslie A. Soley, successfully defended State Farm General Insurance Company in a breach of contract and bad faith case.

Plaintiff Smith’s Enterprise, Inc., owner of a 20,000 sq. ft. retail building located in Porterville, CA that suffered severe fire damage, claimed that State Farm had unreasonably handled the fire damage claim and sued for breach of contract and bad faith.

The building, which housed a J.C. Penny Store, was damaged by fire in May 2003. Based on estimates provided by an architect, State Farm paid Smith’s Enterprise a replacement cost of $1,387,697. However, through estimates calculated by the company’s contractors and expert witness, Smith’s Enterprise claimed that it was owed replacement costs in excess of $2 million.

In State Farm’s defense, Park argued that the claim was handled in a fair and reasonable manner, bringing several expert witnesses to support his argument.

After deliberating for less than two hours, the jury returned a 9-3 verdict, finding that State Farm owed no additional reimbursement to Smith’s Enterprise on account of this fire. Furthermore, the jury ordered the company to reimburse State Farm for all of its costs and expert fees. Because the jury found that State Farm owed no additional money for repair costs, it never had to address whether State Farm had acted in bad faith or whether its agent was negligent in failing to get blanket coverage limits.

The trial, which took place in Tulare County Superior Court, lasted in excess of three weeks.

05-10-2007

Minnesota Homeowners Join National Litigation Against Carrier Corporation For Concealing Alleged Defects In High-Efficiency Carrier, Bryant, Payne and Day & Night Furnaces
Class counsel announced that homeowners in Minnesota today filed a class action lawsuit against Carrier Corporation, the manufacturer of Carrier high efficiency condensing furnaces. The homeowners allege that, beginning in 1989, Carrier stopped manufacturing its high-efficiency condensing furnaces with high-grade stainless steel and instead used plastic-coated mild steel that corrodes and fails well before the industry standard and expected life of 20 years. Carrier has never disclosed this problem to its customers, the suit further alleges. The case was filed on behalf of an estimated 150,000 residents of Minnesota who own or owned these furnaces manufactured by Carrier and sold under the Carrier, Bryant, Day & Night, and Payne brand-names.

"My furnace failed in the middle of January when it was 20 degrees outside," said James Nogosek of Winona, Minnesota, one of the plaintiffs. The technician who examined Mr. Nogosek's furnace told him the furnace failed due to the "poor quality parts" Carrier used.

"Minnesota homeowners often run their furnaces a good part of the year," stated Vincent J. Esades of Heins, Mills & Olson, P.L.C. of Minneapolis, one of the firms representing plaintiffs. "It is of great concern that Carrier would sell a furnace that could potentially malfunction in the dead of winter well before the end of their expected and warranted life."

"Carrier's high efficiency furnaces are defectively designed and will fail prematurely regardless of installation or maintenance," said Kim D. Stephens, plaintiffs’ counsel with the Seattle law firm of Tousley Brain Stephens PLLC.

"Carrier's warranty does not cover labor charges for replacement of the part they knew would fail," explained Jonathan D. Selbin, plaintiffs' counsel with the national law firm of Lieff Cabraser Heimann & Bernstein, LLP. "Homeowners who bought their furnace on the assurance by Carrier that it would last a lifetime have been forced to spend hundreds or even over a thousand dollars on the repair of their faulty furnace, or have had to spend thousands on a brand new furnace."

Today's lawsuit marks the fifth class action lawsuit filed against Carrier Corporation for failing to disclose defects in its furnaces. In 2005, homeowners in the State of Washington filed suit, followed by homeowners in 2006 in Wisconsin, Michigan and Ontario, Canada. On May 1, 2007, U.S. District Court Judge Ronald B. Leighton ordered that the case on behalf of Washington homeowners may proceed as a class action lawsuit.

05-10-2007

Stuart Saft Joins LeBoeuf, Lamb, Greene & MacRae
LeBoeuf, Lamb, Greene & MacRae LLP is pleased to announce Stuart Saft as the newest partner in the firm's New York office. A real estate industry leader, Saft brings over 30 years of experience to LeBoeuf.

"From representing major developers to handling complex transactions, Stuart has left his mark on the real estate market," said LeBoeuf Lamb Chairman Steven H. Davis. "We're delighted to have someone with his expertise and reputation join the firm's already formidable real estate practice."

"Stuart's extensive development and financing practice, and his brilliance as an innovator, will be terrific assets for our practice," said Peter S. Britell, chair of the firm's real estate group, which represents major institutions, including government agencies and cultural institutions, in large-scale developments and investment and financing transactions.

As a partner at LeBoeuf Lamb, Saft will utilize his experience to help expand the firm's real estate reach in a wide range of activities including major acquisitions, deal structuring, financing, leasing, development, condominium conversions, and workouts. In addition to the New York City market, he focuses on acquisitions and dispositions of properties across the U.S. as well as representing international investors in the United States real estate market. Saft has also developed a subspecialty in privatizing public housing to provide home ownership and equity to its residents and has worked with community groups in New York as well as the Chinese and Russian governments in changing their forms of property ownership.

Commenting on the move, Saft said "In today's global economy, real estate serves as a financial instrument that reaches across geographic boundaries. LeBoeuf Lamb's international presence provides the ideal platform for representing real estate owners and lenders around the world."

Last fall LeBoeuf significantly expanded its international real estate group with the acquisition in London and Paris of pre-eminent practitioners from a U.K. 'magic circle' firm. LeBoeuf now has a multi-jurisdictional real estate platform with the ability to service clients in all major financial capitals and many developing countries. Saft will complement and strengthen that platform.

Saft has been involved in numerous transactions and litigations concerning the acquisition, leasing, financing, workouts, development, taxation, syndication, as well as the operation, conversion, and sale of commercial and residential properties throughout the United States. He also serves as chairman of the New York City Workforce Investment Board and received an award from the National Association of Workforce Boards for his work after 9/11. Saft is chairman of the Council of New York Cooperatives and Condominiums, and is on the Board and was formerly chairman of NCB.

Most recently, Saft was a partner and chairman of the Real Estate Department of Wolf Haldenstein Adler Freeman & Herz LLP. Saft has authored over twenty books on commercial real estate, is an editor of "The Real Estate Finance Journal", has authored local, state and federal legislation relating to real estate and has advised numerous government officials. He is also included in Who's Who in America, Who's Who in American Law, and Who's Who in the World."

Saft received his J.D. from Columbia University Law School in 1971, is a member of the Bars of the state of New York and Florida and the United States Supreme Court and, for many years, was an Adjunct Professor at New York University.

05-10-2007

Real Estate And Corporate Attorney Chuck Campbell Starts A 'New Chapter' At JMBM
Jeffer, Mangels, Butler & Marmaro LLP (JMBM), one of California’s foremost full-service law firms, today announced that Charles R. "Chuck" Campbell has joined the Firm as Partner, bringing with him extensive real estate and corporate transactional experience.

"Chuck's engaging personality, legal expertise and dedication to clients make him an ideal fit," said Richard A. Rogan, managing partner of JMBM’s San Francisco office. “His real estate finance and corporate experience will complement the Firm's existing practices, including our internationally recognized Global Hospitality Group®."

Campbell has more than 25 years of experience representing clients in the areas of real estate, corporate finance and operations, mergers and acquisitions, private equity, leasing and development. He recently represented ScanlanKemperBard Companies on its acquisition of Lincoln Center in Denver, Colorado, and he is representing Driscoll Strawberry Associates in its acquisition of agricultural and research and development properties across the country. Campbell's secured finance background has enabled him to expand his relationship with the structured finance group at Essex Property Trust as well.

"Working in an environment where the partners are self-sustaining and available to provide me with assistance in servicing my clients is very appealing," said Campbell. "The move to JMBM is just as beneficial to my clients as it is to me."

Campbell holds a Bachelors of Arts from the University of California, Los Angeles, and he received his Juris Doctorate from the University of Southern California Law School.

05-10-2007

Insurance Attorney Corinne Carr Joins Duane Morris in Chicago
Duane Morris is pleased to welcome Corinne Carr, formerly of DLA Piper, as a partner in the firm's Corporate Practice Group in Chicago. Corinne's practice focuses on insurance transactional and regulatory issues.

Corinne joins Duane Morris with more than a decade of experience, including more than five years as in-house counsel for insurance companies, in insurance transactional and regulatory matters, including insurance company insolvency and liquidation, regulatory litigation, mergers and acquisitions, premium taxes, workers' compensation and general compliance matters. She has represented clients in negotiating insurance and reinsurance commutations, novations, policy buy-backs and other insurance transactions, as well as insolvency, outsourcing and risk management issues. Corinne has written several state-by-state guidebooks on insurance matters and has contributed articles to the American Bar Association Tort, Trial and Insurance Practice Section on excess and surplus lines.

Corinne earned her J.D. from University of Notre Dame Law School in 1994. She received a B.A. in Political Science and a B.A. in History from St. Mary's College, Notre Dame in 1991.

05-10-2007

Clark Hill Attorneys Robert R. Cleary and Maria Fracassa Dwyer to Present at National Transportation Week Symposium May 15
Clark Hill Attorneys Robert R. Cleary and Maria Fracassa Dwyer will present at the 45th Annual National Transportation Week Symposium, sponsored by the Transportation Club of Detroit. The symposium is hosted at the Hyatt Regency Dearborn, and it open to the public. More information is available by calling 248.528.0808.

Robert R. Cleary is a member in Clark Hill’s Detroit office where he practices in the Labor and Employment Group. Cleary’s broad labor and employment background involves over twenty-eight years of practice representing clients from a diverse range of industries including manufacturing, transportation, property management, construction, retail, public and private education, and the public sector. He is also adept with respect to alternative employment arrangements to address business objectives such as contract employees, independent contractors and the precise development of complex reduction in force initiatives. Cleary also counsels clients in the strategic implementation of alternative dispute resolution systems and served as a charter member of the Advisory Panel of the National Employment Mediation Services.

Maria Fracassa Dwyer is an associate in the firm’s School and Municipal and Labor and Employment Groups. Dwyer’s practice principally involves employment and civil litigation. Dwyer has experience in defending private and public sector employers in employment, constitutional and tort claims, including employment contract litigation, wrongful discharge, discrimination, harassment, and FMLA claims. She also has experience in the area of traditional labor law and represents employers in grievance disputes, as well as advising employers regarding issues of labor contract administration. She has litigation experience before state and federal courts, the Equal Employment Opportunity commission and the Michigan Department of Civil Rights.

05-10-2007

BC Lawyer Chosen One of City's Top Young Professionals
Bryan Cave LLP Associate Jim Lawrence has been chosen one of the Kansas City business community’s top “40 Under Forty” by Ingram’s magazine. Lawrence was featured in the April issue of Ingram’s and May 10 in his hometown newspaper, the St. Joseph (Mo.) News-Press.

Dubbed one of the city’s young professional with the “potential to make this a better community in which to live and work,” Lawrence was chosen for his mix of business and civic involvements.

Lawrence’s practice focuses on complex commercial litigation. His experience encompasses all aspects of the litigation process, including case strategy, pretrial briefing, depositions, hearings, trial preparations and trial. He represents regional, national and international clients in a wide range of business disputes, including breach of contract, fiduciary duty claims, enforcement of non-competition agreements, trade secret litigation, product liability and complex class action defense.

Outside of work, Lawrence is an ambassador with Heart of America United Way and a board member of the National MS Society and KC Can! Foundation.

“I have followed my mom’s lead,” he told Ingram’s. “Even as a single mom, she always made time for charities. It was never a choice in my house, it was what you did, and it’s really rewarding.”

05-10-2007

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