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2006 Trial Lawyer of the Year Award Finalists Announced

Finalists Show How Trial Lawyers Work Together for the Public Good


Trial Lawyer of the Year Award finalists will be honored at TLPJ's Gala and Awards Dinner in Seattle's Museum of Flight on Tuesday, July 18.

The TLPJ Foundation has named the attorneys who worked on seven outstanding cases as finalists for its 2006 Trial Lawyer of the Year Award. The nationally prestigious award is bestowed annually upon the trial lawyer or lawyers who have made the greatest contribution to the public interest by trying or settling a precedent-setting case. The winner will be announced on July 18, 2006, at The TLPJ Foundation’s 24th Anniversary Gala and Awards Dinner at The Museum of Flight in Seattle.

"These impressive cases show how dedicated trial attorneys can take on even the most powerful and established institutions on behalf or wronged groups and individuals," said TLPJ Foundation President Thomas M. Dempsey of The Law Offices of Thomas M. Dempsey in Los Angeles.

The finalists – 38 lawyers in seven cases – were nominated for their work in cases addressing a range of issues, including fighting for water contamination victims, providing healthcare for low-income children, holding the U.S. accountable for Holocaust-Era looting, protecting homeowners from radiation hazards, blowing the whistle on war profiteering, cleaning up lead paint contamination, and preserving constitutional rights post-September 11th. This year’s finalists are listed alphabetically below.

  • Fighting a marathon legal battle that spanned two decades and involved three lawsuits, two trials, and three sets of appeals, Frederick M. Baron, Thomas Sims, Renée Melancon, Janice Robinson Pennington, Misty A. Farris, and Steve Baughman Jensen of Baron & Budd, P.C., in Dallas, Jane N. Saginaw,  formerly of Baron & Budd, P.C., and Richard Gonzales of the Gonzales Law Firm in Tucson won a total recovery of more than $150 million for 1,618 low-income residents of South Tucson whose drinking water was contaminated by the cancer-causing chemical trichloroethylene (TCE). Once they settled the two underlying toxic tort cases (Valenzuela v. Hughes Aircraft Company and Gerardo v. Tucson Airport Authority), the tenacious trial attorneys tangled with three insurance companies for 17 years in Associated Aviation Underwriters v. Wood, until the poisoned residents got the full compensation they deserved.
     
  • As a result of a model partnership between public interest lawyers and a private law firm working pro bono, Illinois’ Medicaid system is being dramatically revamped to better serve all children. After a 13-year campaign on behalf of 600,000 low-income children in Cook County, Chicago lawyers Frederick H. Cohen and David J. Chizewer of Goldberg Kohn Bell Black Rosenbloom & Moritz Ltd, John M. Bouman of the Sargent Shriver National Center on Poverty Law, and Stephanie Altman and Thomas Yates of Health & Disability Advocates achieved a ground-breaking settlement in Memisovski v. Maram that requires the state to provide children on Medicaid with the same access to health care enjoyed by privately insured children. The case was the broadest challenge to date against any state for the administration of its Medicaid program. From now on, Illinois’ Medicaid program will provide an additional $45 million per year in services to poor children.
     
  • Jonathan W. Cuneo and David W. Stanley of Cuneo Gilbert & LaDuca, LLP, in Washington, D.C., Steve W. Berman and R. Brent Walton of Hagens Berman Sobol Shapiro LLP in Seattle, and Samuel J. Dubbin of Dubbin & Kravetz, LLP, in Miami, Florida, unearthed the hidden history of the Nazi-era Hungarian Gold Train and fought for four-and-a-half years to wrest an unprecedented apology to Holocaust survivors from the U.S. government, plus a first-of-its-kind $25.5 million class action settlement in Rosner v. United States. On September 30, 2005, the United States issued a long-overdue apology for wrongdoing in a case that the federal judge described as "a historic moment," that culminated in "a remarkable settlement far beyond the range of possible recovery."
     
  • After a grueling, 16-year class action battle that culminated in a four-month trial, Merrill G. Davidoff, Peter B. Nordberg, and David F. Sorensen of Philadelphia’s Berger & Montague, P.C., won a stunning jury verdict that awarded nearly $177 million in compensatory damages and more than $200 million in punitive damages to 13,000 Colorado homeowners whose property values had plummeted due to radioactive contamination from the Rocky Flats nuclear weapons plant. The verdict in Cook v. Rockwell International Corporation represents the first and only time in which class claims have been certified and tried for lost property values because of a continuing nuisance and trespass.
     
  • Alan M. Grayson, Victor A. Kubli, and Melissa A. Roover of Grayson & Kubli, PC, in McLean, Virginia, and Bernard J. DiMuro of DiMuro Ginsberg PC in Alexandria, Virginia, won the first known civil case charging fraud by a government contractor in Iraq. (The Bush administration is keeping under seal all other cases alleging contractor fraud in Iraq.) The jury in United States ex rel. Isakson v. Custer Battles awarded the maximum amount of damages permitted by the judge: $9 million for the U.S. Treasury. It also awarded $407,000 in civil penalties and $220,000 in damages to Custer Battles employees who blew the whistle on the federal contractor’s war profiteering. The verdict is the largest ever in a whistle blower case in which the federal government declined to participate.
     
  • In a stunning victory that sent shockwaves through the paint industry, John J. McConnell, Fidelma L. Fitzpatrick, and Robert J. McConnell of Providence, Rhode Island’s, Motley Rice LLC, and Neil T. Leifer of Boston’s Thornton & Naumes LLP, together with Rhode Island Attorney General Patrick C. Lynch and Assistant Attorney General Neil F. X. Kelly, won the first-ever jury verdict holding lead paint manufacturers accountable for creating a public nuisance and requiring the companies to clean up their mess. As a result of the victory in State of Rhode Island v. Lead Industries Association, three major paint manufacturers – Sherwin Williams Company, Millennium Holdings LLC, and NL Industries, Inc. – will probably have to spend $1.7 to $3.5 billion to remove lead paint from Rhode Island homes. A fourth defendant, DuPont Corporation, settled before trial, agreeing to donate $12.5 million to nonprofit lead paint abatement programs.
     
  • Our fundamental Constitutional rights to due process and equal protection were reaffirmed, and the U.S. government was held accountable for its shocking abuse of an Egyptian immigrant, thanks to the dedication and persistence of New York trial attorneys Haeyoung Yoon of the Urban Justice Center, Alexander A. Reinert, Joan Magoolaghan, Elizabeth Koob, and Keith Donoghue of Koob and Magoolaghan, and David Jackson Ball, Jr., and Mamoni Bhattacharyya of Weil, Gotshal & Manges LLP. The attorneys in Elmaghraby v. Ashcroft achieved a precedent-setting $300,000 settlement for Elmaghraby – the first settlement by the government for its indiscriminate, sweeping arrests of Arab and South Asian Muslim immigrants in the wake of 9/11. It is also the government’s first settlement of claims for physical abuse and harsh conditions asserted by immigrants detained on the suspicion of terrorism.
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    Trial Lawyers for Public Justice is the only public interest law firm dedicated to using trial lawyers’ skills and resources to advance the public good. Founded in 1982, TLPJ utilizes a network of more than 3,500 of the nation’s outstanding trial lawyers to pursue precedent-setting and socially significant litigation. TLPJ has a wide-ranging litigation docket in the areas of consumer rights, worker safety, civil rights and liberties, toxic torts, environmental protection, and access to the courts. TLPJ is the principal project of The TLPJ Foundation, a not-for-profit membership organization headquartered in Washington, DC, with a West Coast office in Oakland, California. The TLPJ web site address is www.tlpj.org.

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