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EMPLOYMENT National Guard pilot settles anti-gay bias suit A fighter pilot for the New Jersey National Guard on Feb. 2 settled his sexual orientation discrimination and retaliation suit for $690,000 and a promise to retire by November. Robert Scott claimed that other pilots called him a “faggot” and left anal lubricant on his locker. After he complained, he received a negative performance evaluation and his role within the unit was reduced to a line pilot. He sued the guard under the state’s Law Against Discrimination. Scott v. New Jersey National Guard, No. ATL-L-935-99 (Atlantic Co., N.J., Super. Ct.). PLAINTIFF’S ATTORNEY: Christopher P. Lenzo, Wilentz, Goldman & Spitzer, Woodbridge, N.J. DEFENSE ATTORNEY: Jane A. Greenfogel, New Jersey Division of Law-Employment Litigation, Trenton, N.J. INTELLECTUAL PROPERTY French electronic makers win infringement claim Two subsidiaries of a French maker of electronic circuit connectors were awarded about $8 million by a federal jury in San Francisco on Feb. 13 on their claims of patent infringement. FCI USA Inc. and FCI Americas Technology, subsidiaries of France’s AREVA group, claimed that Hon Hai Precision Industry Co. Ltd. of Taiwan and its subsidiary, Foxconn Electronics Inc., willfully induced others to infringe two of FCI’s Ball Grid Array connector technology patents, which enhance integration of functions in a single computer chip. The defense admitted direct sales of $15 million for the infringing products, but denied inducing others to infringe. FCI USA Inc. v. Hon Hai Precision Industry Co. Ltd., No. C-01-1192 CRB (BZ) (N.D. Calif.). PLAINTIFF’S ATTORNEYS: Albert J. Breneisen, John W. Bateman and Shawn O’Dowd, Kenyon & Kenyon, New York, Washington and San Jose, Calif. DEFENSE ATTORNEY: Archie S. Robinson, Robinson & Wood, San Jose MEDICAL MALPRACTICE Jury finds $7 million for delayed C-section The parents of a child born with brain damage were awarded $7 million by an Indiana jury on Feb. 6. The plaintiffs claimed that Dr. Stephen Cullen should have responded faster to fetal distress. When informed on his cellphone at 3:45 a.m. that the fetal heart rate had plummeted, instead of calling in a surgical team to perform a C-section, Cullen arrived at the hospital at 3:54 a.m., notified an obstetrician at 4:03 a.m. and performed the C-section at 4:27 a.m. Had the infant been delivered closer to 4 a.m., she would have been OK, the plaintiffs claimed. Decker v. Cullen, No. 14-C01-0208-PL-314 (Daviess Co., Ind., Cir. Ct.). PLAINTIFFS’ ATTORNEYS: Anthony W. Patterson and Peter L. Obremskey, Parr Richey Obremskey & Morton, Indianapolis DEFENSE ATTORNEY: Jeffrey A. Boyll, Wilkinson, Goeller, Modesitt, Wilkinson & Drummy, Terre Haute, Ind. PARTNERSHIP Co-worker entitled to share of lottery jackpot A woman claiming that she was in on a group-owned lottery ticket worth $32.9 million was found by a New Jersey judge on Feb. 11 to be due 1/34th of the prize. Employees of a Pathmark supermarket in Brick Township, N.J., entered a pool for that night’s $65.8 million Big Game lottery drawing. Cashier Mary Marinelli asked the employee collecting for the pool if he would cover her for a $10 share. She claimed that he agreed, while he denied this. There were two winning tickets that night, and the Pathmark employees had one of them. Marinelli v. Avallone, No. MER-L-2947-01 (Mercer Co., N.J., Super. Ct.). PLAINTIFF’S ATTORNEY: David A. Mazie, Nagel Rice & Mazie, Livingston, N.J. DEFENSE ATTORNEY: Marc H. Stofman, Klehr, Harrison, Harvey, Branzburg & Ellers, Cherry Hill, N.J. PREMISES LIABILITY Park service not at fault in Yellowstone scalding A teenager’s suit against the U.S. government, stemming from burns he sustained when he jumped into a thermal pool at Yellowstone National Park, was dismissed by a federal judge on Feb. 6. Lance Buchi, 18, was walking in the park after dark when he encountered what he believed to be a small stream, but which was actually a pool heated to 178 degrees. Buchi sued for failure to warn. The defense moved to dismiss based on the discretionary function exception of the Federal Tort Claims Act and the judge agreed. Buchi v. United States, No. 01-CV-098-D (D. Wyo.). PLAINTIFF’S ATTORNEYS: Steven C. Choquette and Stephen Masciocchi, Holland & Hart, Denver; Roger T. Sharp, Salt Lake City; Donald J. Sullivan, Cheyenne, Wyo. DEFENSE ATTORNEYS: Thomas Roberts and Nicholas Vassallo, U.S. attorney’s office, Cheyenne More information about these cases, as well as full reports on other verdicts and settlements, can be found in the VerdictSearch Publications or at www.VerdictSearch.com. To submit a case, call (800)352-8412, fax (212)313-9145 or use the form at http://www.verdictsearch.com/jv3_submit_a_case. For subscription information or jury verdict research, call (800)832-1900.

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