Monday, September 22, 2008
Friday, September 19, 2008
Train Wreck In So Cal
Metrolink worker sued Burlington Northern Santa Fe, saying his alcoholism returned after the fatal 2002 Placentia collision.
A metrolink conductor who said his drinking problems resumed after the Placentia train crash in 2002 will receive $8.5 million to settle his lawsuit against one of the nations largest railroads.
Patrick Phillips of Riverside agreed Tuesday to settle his suit against Burlington Northern Santa Fe Railway Co. The case was set to go to trial next week in Orange County Superior Court.
Phillips, now 52, suffered minor head injuries the morning of April 23, 2002 when a Burlington Northern Freight train crashed into a Metrolink commuter train in Placentia. Three people died and more than 260 were injured in the early morning crash.
Though his injuries were slight, the conductor alleged that the trauma was serious enough to trigger a resurgence of his severe alcoholism, which he said he had controlled since rehabilitation in the early 1990's.
"I have never seen a case like this in 30 years, yet it is indeed what happened here," said Jerome L. Ringler, Phillips' attorney.
"We had extensive medical evaluations by a variety of neurological specialists. All were in accord that his injury, although minor, changed his behavior."
After the train crash, Phillips was hospitalized for evaluation but released about two hours later, Ringler said. In the months after the crash, however, Phillips allegedly resumed his alcohol abuse, resulting in at least two other hospitalizations.
Ringler said his client was finally diagnosed with alcohol-related dementia, a sever mental deficiency.
Phillips, who is now disabled after working 12 years for Metrolink, was unavailable for comment. He is living with a sister in Riverside.
Under terms of the settlement, Phillips will receive $8.5 million, including interest, paid out over 20 years. The amount is worth about $4.5 million in today's dollars.
Officials for Burlington Northern Santa Fe, one of the nations four largest railroads, confirmed the settlement but declined to discuss the case.
Phillips' lawsuit is one of more than 100 Civil cases stemming from the Placentia crash, which federal investigators said was caused by an inattentive Burlington Norther crew that missed a warning signal.
The lawsuits allege the collision could have been prevented by an automatic braking system, long sought by the federal National Transportation Safety Board.
They also contend that the freight train crew was fatigued by overwork and that the Burlington Northern conductor had a history of losing track of signals.
In December, an Orange County jury awarded Pamela Macek, 53, also of Riverside, about $9 million in damages for psychological and physical injuries suffered in the crash. Her case was the first to go to trial.
A metrolink conductor who said his drinking problems resumed after the Placentia train crash in 2002 will receive $8.5 million to settle his lawsuit against one of the nations largest railroads.
Patrick Phillips of Riverside agreed Tuesday to settle his suit against Burlington Northern Santa Fe Railway Co. The case was set to go to trial next week in Orange County Superior Court.
Phillips, now 52, suffered minor head injuries the morning of April 23, 2002 when a Burlington Northern Freight train crashed into a Metrolink commuter train in Placentia. Three people died and more than 260 were injured in the early morning crash.
Though his injuries were slight, the conductor alleged that the trauma was serious enough to trigger a resurgence of his severe alcoholism, which he said he had controlled since rehabilitation in the early 1990's.
"I have never seen a case like this in 30 years, yet it is indeed what happened here," said Jerome L. Ringler, Phillips' attorney.
"We had extensive medical evaluations by a variety of neurological specialists. All were in accord that his injury, although minor, changed his behavior."
After the train crash, Phillips was hospitalized for evaluation but released about two hours later, Ringler said. In the months after the crash, however, Phillips allegedly resumed his alcohol abuse, resulting in at least two other hospitalizations.
Ringler said his client was finally diagnosed with alcohol-related dementia, a sever mental deficiency.
Phillips, who is now disabled after working 12 years for Metrolink, was unavailable for comment. He is living with a sister in Riverside.
Under terms of the settlement, Phillips will receive $8.5 million, including interest, paid out over 20 years. The amount is worth about $4.5 million in today's dollars.
Officials for Burlington Northern Santa Fe, one of the nations four largest railroads, confirmed the settlement but declined to discuss the case.
Phillips' lawsuit is one of more than 100 Civil cases stemming from the Placentia crash, which federal investigators said was caused by an inattentive Burlington Norther crew that missed a warning signal.
The lawsuits allege the collision could have been prevented by an automatic braking system, long sought by the federal National Transportation Safety Board.
They also contend that the freight train crew was fatigued by overwork and that the Burlington Northern conductor had a history of losing track of signals.
In December, an Orange County jury awarded Pamela Macek, 53, also of Riverside, about $9 million in damages for psychological and physical injuries suffered in the crash. Her case was the first to go to trial.
Friday, June 13, 2008
Roth Law Group Named Featured Law Firm
The Roth Law Group has been named a Breaking Legal News Featured Law Firm for its outstanding achievements in Business law and contract law in the Chicago area. Below is a little bit about the firm.
About Roth Law:
Business owners know that it takes hard work and dedication to make it in today's competitive marketplace. And choosing a law firm that understands the needs of small business is essential if you want to get a leg-up on the competition. You expect that your law firm will provide you with practical solutions and attentive individualized service. At the Chicago-based business law firm of the Roth Law Group, that's what you get.
At the Roth Law Group, we understand the concerns of small business owners like you and we have experience working in industries ranging from construction to chemical manufacturing. Our lawyers know that you need to remain focused on business and legal issues often detract from this goal. When the Roth Law Group represents you, we concentrate our efforts on resolving matters efficiently and economically and seek to reach the best business outcome in the least amount of time whenever practical. From contract negotiations to commercial litigation, we offer a full-range of business legal services specifically tailored to meet your needs.
If your small business is in the market for business legal services in Cook County or throughout Illinois, contact the Chicago-based Roth Law Group for a Free Initial Consultation. We offer practical solutions to your small business legal challenges at affordable rates.
A Few Representative Matters
-Obtained six-figure settlement on behalf of an Italian-based Manufacturer of wood veneer products in a breach of contract action against U.S. based distributor.
-Obtained judgment in favor of a Commercial Landscaping Contractor involving breach of contract.
-Negotiated nuisance value settlement on behalf of a Multi-Media Company sued for violation of Non-Compete Agreement, thus avoiding business interruption and an injunction.
-Successfully prosecuted foreclosure and other actions on behalf of a Colorado-based Mortgage Company.
www.rothlawgroup.com
Wednesday, April 16, 2008
McDonald Hopkins Hires Rachel Mathoslah
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CLEVELAND, April 11, 2008 /PRNewswire via COMTEX/ -- Rachel K. Mathoslah has joined the Cleveland, Ohio office of McDonald Hopkins LLC as an Associate in the firm's Business Department.
Mathoslah specializes in real estate law. She has represented commercial real estate developers and tenants on a national level in negotiating and drafting development agreements and commercial leases. In the area of commercial lending, Mathoslah has represented both lenders and borrowers in a variety of transactions. Her experience also includes drafting and negotiating documents related to the acquisition and disposition of industrial, commercial and office properties. Mathoslah graduated from Boston University in 1999 with a Bachelor of Arts degree and received her J.D. in 2004 from the Case Western Reserve University School of Law.
Rachel Mathoslah can be reached at 216-348-5442 or rmathoslah@mcdonaldhopkins.com.
About McDonald Hopkins
With more than 130 attorneys in Cleveland, Chicago, Columbus, Detroit, and West Palm Beach, McDonald Hopkins is a full-service firm focused on business law, litigation, restructuring, and estate planning. More information about McDonald Hopkins can be found at www.mcdonaldhopkins.com.
CLEVELAND, April 11, 2008 /PRNewswire via COMTEX/ -- Rachel K. Mathoslah has joined the Cleveland, Ohio office of McDonald Hopkins LLC as an Associate in the firm's Business Department.
Mathoslah specializes in real estate law. She has represented commercial real estate developers and tenants on a national level in negotiating and drafting development agreements and commercial leases. In the area of commercial lending, Mathoslah has represented both lenders and borrowers in a variety of transactions. Her experience also includes drafting and negotiating documents related to the acquisition and disposition of industrial, commercial and office properties. Mathoslah graduated from Boston University in 1999 with a Bachelor of Arts degree and received her J.D. in 2004 from the Case Western Reserve University School of Law.
Rachel Mathoslah can be reached at 216-348-5442 or rmathoslah@mcdonaldhopkins.com.
About McDonald Hopkins
With more than 130 attorneys in Cleveland, Chicago, Columbus, Detroit, and West Palm Beach, McDonald Hopkins is a full-service firm focused on business law, litigation, restructuring, and estate planning. More information about McDonald Hopkins can be found at www.mcdonaldhopkins.com.
Judge Sides with Law Firm
Jackson law firm is entitled to fees and perhaps punitive damages because opposing attorneys in a lawsuit conspired to bribe the judge in the case, a judge ruled Wednesday.
How much the Scruggs Katrina Group will have to pay the Jackson law firm of Jones, Funderburg, Sessums, Peterson and Lee has not been determined. Attorneys will return to court Nov. 12 in Oxford to begin process.
The judge, Henry Lackey, cooperated with federal authorities and received $40,000 to rule favorably for Richard "Dickie" Scruggs and his law firm in a lawsuit about the division of $26.5 million in legal fees from Hurricane Katrina insurance case settlements.
The Jones firm claimed it was owed a larger share of the fees. This also was the lawsuit on which Lackey was presiding in Lafayette County when he was approached by then-New Albany attorney Timothy Balducci for the favor.
On Wednesday, Special Circuit Judge William Coleman, who took over in the case after Lackey stepped aside, agreed the Jones firm had been harmed by the bribery scandal and were owed reasonable attorneys fees and expenses they incurred in the lawsuit.
"This is exactly what we wanted," said Jones attorney Roy Percy after the hearing.
The conspirators' action "strikes at the heart of the judicial system," Coleman said.
Scruggs attorney Cal Mayo of Oxford, who said he had not yet talked with his client about Coleman's order, said an appeal is possible.
"Any attorney for any client should be concerned about punitive damages," Mayo said.
Richard Scruggs, his lawyer son Zach, their legal associate Sidney Backstrom, Balducci and his associate, former state Auditor Steven Patterson has each has pleaded guilty to one count of conspiring to bribe Lackey. They await sentencing.
How much the Scruggs Katrina Group will have to pay the Jackson law firm of Jones, Funderburg, Sessums, Peterson and Lee has not been determined. Attorneys will return to court Nov. 12 in Oxford to begin process.
The judge, Henry Lackey, cooperated with federal authorities and received $40,000 to rule favorably for Richard "Dickie" Scruggs and his law firm in a lawsuit about the division of $26.5 million in legal fees from Hurricane Katrina insurance case settlements.
The Jones firm claimed it was owed a larger share of the fees. This also was the lawsuit on which Lackey was presiding in Lafayette County when he was approached by then-New Albany attorney Timothy Balducci for the favor.
On Wednesday, Special Circuit Judge William Coleman, who took over in the case after Lackey stepped aside, agreed the Jones firm had been harmed by the bribery scandal and were owed reasonable attorneys fees and expenses they incurred in the lawsuit.
"This is exactly what we wanted," said Jones attorney Roy Percy after the hearing.
The conspirators' action "strikes at the heart of the judicial system," Coleman said.
Scruggs attorney Cal Mayo of Oxford, who said he had not yet talked with his client about Coleman's order, said an appeal is possible.
"Any attorney for any client should be concerned about punitive damages," Mayo said.
Richard Scruggs, his lawyer son Zach, their legal associate Sidney Backstrom, Balducci and his associate, former state Auditor Steven Patterson has each has pleaded guilty to one count of conspiring to bribe Lackey. They await sentencing.
Blackstone Sued in Investor law suit
An investor in Blackstone Group (BX.N: Quote, Profile, Research) sued the private equity and real estate firm on Tuesday, contending it violated federal securities laws through statements made in its initial public offering documents, according to the law firm that brought the case.
Law firm Coughlin Stoia Geller Rudman & Robbins said the lawsuit, which seeks class-action status, was filed in U.S. District Court for the Southern District of New York on behalf of plaintiff Landmen Partners Inc.
The lawsuit accuses Blackstone of failing to disclose in an IPO document that certain of its portfolio companies were not performing well and that as a result, the company would not generate anticipated performance fees on those investments, according to a copy of the complaint provided to Reuters by the law firm.
Blackstone is subject to a "claw back" provision that requires it to return performance fees that have already been paid if the investments it makes for its limited partners perform poorly, the lawsuit said.
The suit contends that at its IPO, Blackstone knew that its large investment in Financial Guaranty Insurance Co (FGIC), a bond insurer, was "materially impaired" after FGIC switched its focus from conservative municipal bonds to collateralized debt obligations backed by subprime mortgages.
The company's investment in Freescale Semiconductor was also in trouble but its registration statement contained no disclosure about this or the FGIC problems, the lawsuit said.
Named as defendants are Blackstone's co-founder and chief executive, Stephen Schwarzman, and Chief Financial Officer Michael Puglisi.
A Blackstone representative had no comment on the lawsuit.
Blackstone went public in June 2007 at a price of $31 a share, coming on the back of a boom for private equity that has now been stalled by the persisting credit crunch.
In the buyout boom that peaked in 2007, private equity firms broke records for the size of leveraged buyouts inked.
But as the credit markets contracted and the economy hit a downturn, some of the portfolio companies that buyout firms loaded with debt to take private have been having problems.
Home goods retailer Linens 'n Things said on Tuesday it is in talks with creditors on a capital restructuring, after a source had told Reuters on Friday that bankruptcy was among options being considered. Apollo Global Management led a $1.3 billion of the chain in 2006.
In March, Blackstone posted a worse-than-expected 86 percent decline in earnings, partly citing a write-down of its investment in bond insurer FGIC.
The company's shares closed at $17.33 on the New York Stock Exchange on Tuesday, up 14 cents on the day.
Law firm Coughlin Stoia Geller Rudman & Robbins said the lawsuit, which seeks class-action status, was filed in U.S. District Court for the Southern District of New York on behalf of plaintiff Landmen Partners Inc.
The lawsuit accuses Blackstone of failing to disclose in an IPO document that certain of its portfolio companies were not performing well and that as a result, the company would not generate anticipated performance fees on those investments, according to a copy of the complaint provided to Reuters by the law firm.
Blackstone is subject to a "claw back" provision that requires it to return performance fees that have already been paid if the investments it makes for its limited partners perform poorly, the lawsuit said.
The suit contends that at its IPO, Blackstone knew that its large investment in Financial Guaranty Insurance Co (FGIC), a bond insurer, was "materially impaired" after FGIC switched its focus from conservative municipal bonds to collateralized debt obligations backed by subprime mortgages.
The company's investment in Freescale Semiconductor was also in trouble but its registration statement contained no disclosure about this or the FGIC problems, the lawsuit said.
Named as defendants are Blackstone's co-founder and chief executive, Stephen Schwarzman, and Chief Financial Officer Michael Puglisi.
A Blackstone representative had no comment on the lawsuit.
Blackstone went public in June 2007 at a price of $31 a share, coming on the back of a boom for private equity that has now been stalled by the persisting credit crunch.
In the buyout boom that peaked in 2007, private equity firms broke records for the size of leveraged buyouts inked.
But as the credit markets contracted and the economy hit a downturn, some of the portfolio companies that buyout firms loaded with debt to take private have been having problems.
Home goods retailer Linens 'n Things said on Tuesday it is in talks with creditors on a capital restructuring, after a source had told Reuters on Friday that bankruptcy was among options being considered. Apollo Global Management led a $1.3 billion of the chain in 2006.
In March, Blackstone posted a worse-than-expected 86 percent decline in earnings, partly citing a write-down of its investment in bond insurer FGIC.
The company's shares closed at $17.33 on the New York Stock Exchange on Tuesday, up 14 cents on the day.
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