USLAW-Magazine_FallWinter2018

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5 0 www.uslaw.org U S L A W plaintiff admitted that she never had this highly contagious disease. Although she never told her supervisor the truth, plaintiff contended that the company should have investigated whether she was actually ill before terminating her. Claiming that C.R. England defamed her during the termination and intentionally inflicted emotional distress, plaintiff asked the jury for $2.3 million in non-economic damages and roughly $500,000 in economic damages. Had the jury found that C.R. England acted maliciously, punitive damages were also on the table. After a little over a day of deliberation, the jury returned a defense verdict. Traub Lieberman Straus & Shrewsberry LLP (Hawthorne, NY) Traub Lieberman Straus & Shrewsberry LLP (”TLSS”) partner Lisa M. Rolle obtained a defense verdict in the trial of Robins v. EBM Long Beach and Aqua Construction Corp., in the Supreme Court of the State of New York, Nassau County, on May 7, 2018. Plaintiff Wendy Robins claimed to have sustained severe injuries when she tripped and fell as a result of a hazardous condition at the construction site owned by EBM Long Beach, which had hired general contractor Aqua Construction Corp. to erect a high-rise luxury condominium building on the boardwalk in Long Beach, New York. Plaintiff claimed that the sidewalk curb was 2¼ inches higher than the driveway apron adjacent to the curb, creating a latent, dangerous, and hazardous condition; and further claimed that the driveway apron should have been barricaded by a fence, preventing entry. As a result of the accident, Plaintiff underwent two surgical procedures and was declared totally disabled by Social Security Disability, compelling her into early retirement from her occupation as an adaptive physical education teacher for the City of New York. Her spouse claimed loss of consortium. Representing both the owner and the general contractor, Ms. Rolle argued that the construction site was properly barricaded and that the height differential between the curb and the driveway apron did not pose an unsafe condition. Further, Ms. Rolle argued that Plaintiffs were aware that the driveway apron was part of the construction site because they resided next door, but disregarded the fencing surrounding the remainder of the premises. Finally, Ms. Rolle presented testimony of a toxicologist, which supported her argument that Plaintiff’s blood alcohol level of .12 impaired her judgment and balance. The jury returned a unanimous verdict in favor of TLSS’ clients, dismissing the action. Wicker, Smith, O’Hara, McCoy & Ford, P.A. (Orlando and Tampa, FL) Raymond Watts and Erin Diaz of the Orlando and Tampa offices of Wicker, Smith, O’Hara, McCoy & Ford, P.A. recently obtained a defense verdict in a nursing home negligence case. The resident was admitted into the Defendant’s facility for rehabilitation services following a series of falls resulting in a general decline as well as a compression fracture. During the residency, Plaintiff argued that the facility missed developing signs and symptoms of diverticulitis. Plaintiff further argued that the diverticulitis, left untreated, ruptured thereby resulting in sepsis and other deteriorating signs and symptoms, which were also missed. When the resident was transferred to an area hospital, Plaintiff argued that the sepsis was too far advanced due the facility’s delay resulting in the resident’s death. Argument was presented on behalf of the Defendant facility regarding pre-existing conditions that were consistent with the resident’s overall status and physical presentation. The Defendant also presented causation experts to establish the spontaneous nature of the rupture based upon available radiological imaging which resulted in the resident’s death despite any timing of diagnosis. Plaintiff asked for $2 million in closing. The jury returned a defense verdict in approximately 30 minutes . Williams Kastner (Seattle, WA) In April 2018, Rod Umberger of Williams Kastner in Seattle obtained a defense verdict in a trial held in Kittitas County, Washington, where he defended Quanta Services/Potelco, Inc., a national utility construction services company. The lawsuit arose from a catastrophic motorcycle/commercial vehicle collision on Highway 10 near Ellensburg, Washington. Potelco line and bucket trucks were replacing telephone poles along the highway after a recent fire when one of the drivers turned left across the highway and collided with a Harley Davidson being operated by the plaintiff. The plaintiff was severely injured in the accident with multiple open bone fractures, back and neck injuries and a TBI, and he was airlifted to a Seattle-area hospital where he remained in a rehabilitation unit for several months following multiple surgeries. The medical expenses incurred as a result of the accident were over $250,000. Successful Recent USLAW Law Firm Transactions Flaherty Sensabaugh Bonasso PLLC (Charleston, WV) Chris Brumley and Jim Lane acted as legal counsel to Mohegan Energy Trustees, LLC in a $100 Million Strategic Partnership with Orion Energy Partners. Mohegan acquired a low vol metallurgical coal operation and related equipment in West Virginia from Met Resources, LLC. Mohegan, through its wholly owned subsidiary Cornerstone Minerals, LLC ("Cornerstone"), announced the acquisition on May 16, 2018. Following the acquisition, Mohegan is focused on ramping up production, lowering costs, improving existing infrastructure, and constructing a 350 ton/hour processing plant and additional rail out facility. Hinckley Allen (Hartford, CT) Hinckley Allen is representing First Connecticut Bancorp, Inc. (NASDAQ: FBNK), the holding company for Farmington Bank, in connection with First Connecticut Bancorp’s acquisition by People’s United Financial, Inc. (NASDAQ: PBCT), the holding company for People’s United Bank, N.A., in an all-stock transaction valued at approximately $544 million. Completion of the transaction is subject to customary closing conditions, including receipt of regulatory approvals and the approval of First Connecticut Bancorp, Inc. shareholders.
U S L A W www.uslaw.org 5 1 ABOUT USLAW NETWORK 2001. The Start of Something Better. Mega-firms...big, impersonal bastions of legal tradition, encumbered by bureaucracy and often slow to react. The need for an alternative was obvious. A vision of a network of smaller, regionally based, independent firms with the capability to respond quickly, efficiently and economically to client needs from Atlantic City to Pacific Grove was born. In its infancy, it was little more than a possibility, discussed around a small table and dreamed about by a handful of visionaries. But the idea proved too good to leave on the drawing board. Instead, with the support of some of the country's brightest legal minds, USLAW NETWORK became a reality. Fast-forward to today. The commitment remains the same as originally envisioned. To provide the highest quality legal representation and seamless cross-jurisdictional service to major corporations, insurance carriers, and to both large and small businesses alike, through a network of professional, innovative law firms dedicated to their client's legal success. Now as a diverse network with more than 6,000 attorneys from more than 60 independent, full practice firms with roots in civil litigation across the U.S., Canada, Latin America and Asia, and with affiliations with TELFA in Europe, USLAW NETWORK remains a responsive, agile legal alternative to the mega-firms. Home Field Advantage. USLAW NETWORK offers what it calls The Home Field Advantage which comes from knowing and understanding the venue in a way that allows a competitive advantage – a truism in both sports and business. Jurisdictional awareness is a key ingredient to successfully operating throughout the United States and abroad. Knowing the local rules, the judge, and the local business and legal environment provides our firms’ clients this advantage. The strength and power of an international presence combined with the understanding of a respected local firm makes for a winning line-up. A Legal Network for Purchasers of Legal Services. USLAW NETWORK firms go way beyond providing quality legal services to their clients. Unlike other legal networks, USLAW is organized around client expectations, not around the member law firms. Clients receive ongoing educational opportunities, online resources including webinars, jurisdictional updates, and resource libraries. We also provide a semi-annual USLAW Magazine, USLAW DigiKnow, which features insights into today’s trending legal topics, compendiums of law, as well as annual membership and practice group directories. To ensure our goals are the same as the clients our member firms serve, our Client Leadership Council and Practice Group Client Advisors are directly involved in the development of our programs and services. This communication pipeline is vital to our success and allows us to better monitor and meet client needs and expectations. USLAW Abroad. Just as legal issues seldom follow state borders, they often extend beyond U.S. boundaries as well. In 2007, USLAW established a relationship with the Trans- European Law Firms Alliance (TELFA), a network of more than 20 independent law firms representing more than 1000 lawyers through Europe to further our service and reach. How USLAW NETWORK Membership is Determined. Firms are admitted to the NETWORK by invitation only and only after they are fully vetted through a rigorous review process. Many firms have been reviewed over the years, but only a small percentage were eventually invited to join. The search for quality member firms is a continuous and ongoing effort. Firms admitted must possess broad commercial legal capabilities and have substantial litigation and trial experience. In addition, USLAW NETWORK members must subscribe to a high level of service standards and are continuously evaluated to ensure these standards of quality and expertise are met. USLAW in Review. • All vetted firms with demonstrated, robust practices and specialties • Efficient use of legal budgets, providing maximum return on legal services investments • Seamless, cross-jurisdictional service • Responsive and flexible • Multitude of educational opportunities and online resources • Team approach to legal services The USLAW Success Story. The reality of our success is simple: we succeed because our member firms' clients succeed. Our member firms provide highquality legal results through the efficient use of legal budgets. We provide cross-jurisdictional services eliminating the time and expense of securing adequate representation in different regions. We provide trusted and experienced specialists quickly. When a difficult legal matter emerges – whether it’s in a single jurisdiction, nationwide or internationally – USLAW is there. Success. For more information, please contact Roger M. Yaffe, USLAW CEO, at (800) 231-9110 or roger@uslaw.org ®
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