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EMPLOYMENT Psychiatrist awarded$1M in retaliation claim A psychiatrist whose contract with a state hospital was not renewed after he complained about patient care problems there was awarded nearly $1 million by a federal jury on April 1. David Springer, 53, was president of the medical staff at the Delaware Psychiatric Center of New Castle, where he worked as an independent contractor. Springer, who was at the facility for nine years, claimed that an administrator retaliated against him by requiring him to bid for renewal of his contract, then giving him less than two days to complete the forms. The defense claimed he was not rehired due to insubordination. Springer v. Henry, No. 00-885-GMS (D. Del.). PLAINTIFF’S ATTORNEYS: Stephen J. Neuberger and Thomas S. Neuberger, The Neuberger Firm, Wilmington, Del. DEFENSE ATTORNEY: Marc Niedzielski, state attorney general’s office, Wilmington FRAUD Firms settle claim they overbilled for expenses Two accounting firms reached a $34 million settlement on April 2 with a plaintiff class of their clients who claimed that they were overbilled for travel expenses. Lead plaintiffs Warmack-Muskogee L.P., a shopping mall operator, and Airis Newark, an air cargo facility operator, claimed that the two accounting firms, KPMG LLP and BearingPoint Inc., received rebates and other incentives from third-party travel vendors, but did not pass on the savings in their billing. The defense claimed that the front-end discounts saved the plaintiffs more than $100 million, and other incentive programs enabled KPMG to lower its hourly rates. Warmack-Muskogee v. KPMG, No. E2001-504-3 (Miller Co., Ark., Cir. Ct.). PLAINTIFFS’ ATTORNEYS: Richard Adams and George McWilliams, Patton, Haltom, Roberts, McWilliams & Greer, Texarkana, Texas; Jeffrey Angelovich, Michael Angelovich and C. Cary Patterson, Nix, Patterson & Roach, Daingerfield, Texas; Lon Packard, Packard, Packard & Johnson, Salt Lake City DEFENSE ATTORNEYS: L. David Anderson and Lewis T. LeClair, McKool Smith, Dallas; Michael V. Powell and J. Clint Schumacher, Locke Liddell & Sapp, Dallas SECURITIES Traders, SEC agree to $240 million settlement Five companies agreed to a settlement totaling more than $240 million in disgorgement and penalties following an investigation by the U.S. Securities and Exchange Commission and the New York Stock Exchange, which claimed traders at Bear Wagner Specialists LLC, Fleet Specialist Inc., LaBranche & Co. LLC, Van der Moolen Specialists USA LLC and Spear, Leeds & Kellogg Specialists LLC, traded their own shares ahead of customers’ orders. As a result, they allegedly deprived customers of fair trades and possibly better prices. In the Matter of Bear Wagner Specialists LLC, No. 3-11445-49 (SEC). PLAINTIFFS’ ATTORNEYS: SEC DEFENSE ATTORNEYS: E. Michael Bradley, Jones Day, New York; Robert Giuffra, Sullivan & Cromwell, New York; Theodore Levine, Wachtell, Lipton, Rosen & Katz, New York; Robert McCaw, Wilmer, Cutler Pickering, New York; Robert Romano, Morgan, Lewis & Bockius, New York TOXIC TORTS Cognitive deficits not caused by lead poisoning The owners and managers of an apartment building were not liable for the cognitive deficits of a child exposed to lead, a New York jury found on April 8. Sadia Ali Nur claimed that her son, Sammi Alharazi, now 10, was poisoned while they resided in the building, owned by Heights Realty Associates and managed by Ram Gupta and Maria Maresca. She sued all three. The defendants argued that the boy’s cognitive development was hampered by the fact that his parents, Ethiopian immigrants, spoke no English. Nur v. Heights Realty Assocs., No. 115046/00 (New York Co., N.Y., Sup. Ct.). PLAINTIFF’S ATTORNEY: Zoran Najdovski, Napoli Kaiser Bern & Associates, New York DEFENSE ATTORNEY: Steven R. Kramer, Harrington, Ocko & Monk, White Plains, N.Y. Claim of exposure to landfill gases settles Connecticut residents who claimed they were exposed to noxious gases when a liquid produced by decomposing waste was used to put out underground fires at a landfill settled their class action for $3.5 million on April 8. The class claimed that the Danbury, Conn., landfill accepts construction waste including gypsum drywall, which contains a sulfur-based compound that causes toxic fumes when it interacts with the liquid. The city argued the gas was not as noxious as claimed. Accashian v. City of Danbury, No. CV 97 0329450 S (Danbury, Conn., Super. Ct.). PLAINTIFFS’ ATTORNEY: Joseph A. Tranfo, Tranfo & Tranfo, Greenwich, Conn. DEFENSE ATTORNEYS: Daniel Casagrande, Pinney, Payne, Van Lenten, Burrell, Wolfe & Dillman, Danbury, Conn.; Sharon Wicks Dornfeld, Danbury; Anthony Roisman, Hershenson, Carter, Scott & McGee, Norwich, Vt. 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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