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Category: Firm News

American Association of Justice Member Group Welcomes Nemeroff Law Firm Member

The Women Trial Lawyers Caucus of the American Association for Justice (AAJ) welcomed Ellen Presby of the nationally-recognized Nemeroff Law Firm as co-chair of the group’s education committee, recognizing her leadership and dedication to the advancement of women in trial law.

The Caucus provides an arena for women trial lawyers to learn from one another, offering networking events, CLE courses, awards and leadership opportunities. The group includes any female lawyer in good standing with AAJ and boasts a membership of more than 3,000.

“I couldn’t be more excited to have the combined wisdom, experience and enthusiasm of this group to help propel the women of AAJ into the spotlight,” said Lori Andrus, chair-elect for the caucus. “The Caucus needs to ensure that we are connecting the women of AAJ to the National College of Advocacy, litigation groups, sections, and influential AAJ leaders who can help us match speaking opportunities with qualified women trial lawyers. Under this leadership, I know we will succeed.”

With nearly three decades of litigation experience, Presby is a sought-after speaker, a proven trial lawyer and a valued member of the nationally recognized Nemeroff Law Firm. Among her many recognitions, Presby was named one of the top 50 female lawyers in Texas by Law & Politics Media, and Super Lawyer by Texas Monthly magazine. She has served as co-chair of the State Bar of Texas Grievance Committee, the Boards of Texas Trial Lawyers Association, American Board of Trial Advocates, and the Public Justice Foundation.

“I’m proud to have the opportunity to represent The Nemeroff Law Firm and work with the Women’s Caucus to enhance AAJ’s education arm,” Presby said.

More than 50 Speakers and 500 Attendees Set to Explore Current Trends Driving Asbestos Litigation at the 2013 National Overview & Outlook

Rick Nemeroff, owner of The Nemeroff Law Firm and leading representative of mesothelioma victims, was selected to return as co-chair and moderator for the 2013 Asbestos Litigation Conference: A National Overview and Outlook. The event gives thought leaders in the asbestos field an opportunity to discuss how trends in litigation may impact future cases.

The event, hosted by Perrin Conferences, brings asbestos insurance, legal, corporate and scientific leaders together to review the direction and climate of asbestos litigation. Topics for discussion include emerging and specialized claims, recent verdicts, decisions and events, as well as strategies on litigating cases in particular states and leading jurist’s perspectives.

“We’re proud to have Rick Nemeroff chair our National Asbestos Conference once again,” said Lynnsey Perrin, founder of Perrin Conferences. “Rick’s vast experience in this highly competitive field and enviable record of results place him at the forefront of asbestos litigation.”

Practicing since 1993, Nemeroff has established himself as a leading trial lawyer, combining compassion with aggressive litigation skills to fight for individuals and families who have been harmed by the actions of negligent corporations. He is a sought-after speaker and presenter for all aspects of asbestos litigation.

“I’m honored to return as co-chair and moderator for this year’s conference,” said Nemeroff. “It’s a great opportunity for us, as representatives of victims and their families, to discuss industry and legal developments and what those might mean for our clients.”

Established in 2009, the National Asbestos Litigation Conference offers a vibrant and open forum to help attendees understand the trends currently driving asbestos litigation and what the future will present. The conference will be hosted at the Fairmont Hotel in San Francisco on Sept. 16-18.

NEW ORLEANS – The Dallas-based Nemeroff Law Firm is announcing a verdict on behalf of a Louisiana man who was diagnosed with malignant mesothelioma following decades of working around asbestos-containing materials at two manufacturing plants.

Orleans Parish jurors deliberated for half a day on Thursday, Sept. 8, 2011, before returning the verdict in favor of 66-year-old Thomas M. Kenney of St. Tammany Parish. Jurors agreed that defendants Rexam Beverage Can Company (formerly American Can) and asbestos product manufacturers John Crane Inc. and Haveg Inc. were negligent and responsible for exposing Mr. Kenney to dangerous levels of asbestos.

The jury found that Mr. Kenney, a Slidell resident, was exposed to dangerous levels of asbestos fibers while he worked at an American Can facility in New Orleans between 1964 and 1976, and while working as a pipefitter and machinist for Tenneco in Chalmette between 1977 and 1988. John Crane Inc. made and supplied asbestos gaskets and Haveg Inc. supplied asbestos-containing piping to Tenneco while Mr. Kenney was employed there.

Mr. Kenney, who is married with three grown children, was diagnosed with malignant mesothelioma in July 2010. Mesothelioma is an incurable form of cancer caused exclusively by asbestos exposure.

“Thomas Kenney worked as a loyal and valuable employee who deserved to be able to do his job in a safe environment with warnings on the products he handled,” says his attorney Rick Nemeroff, co-founder of Nemeroff Law Firm. “This is an important verdict that will go a long way to helping make sure that Mr. Kenney and his family can get the support they need to deal with his grave health problems.”

The trial team representing Mr. Kenney was led by Mr. Nemeroff and firm trial attorney Barrett Naman, as well as local counsel Mickey Landry and Frank Swarr of New Orleans-based Landry & Swarr.

With offices in Dallas, Houston and Pittsburgh, the experienced trial attorneys of the Nemeroff Law Firm fight for individuals and families who have suffered from harmful pharmaceuticals, mesothelioma, and catastrophic personal injuries or death as a result of the wrongful or negligent conduct of others. The firm secured two of Pennsylvania’s largest courtroom awards in 2010, according to The Legal Intelligencer. For more information, visit www.nemerofflaw.com.

For more information about the verdict, please contact Robert Tharp at 800.559.4534 or Robert@androvett.com.

Presby to Discuss Science and Chemistry Behind the Law

The American Association for Justice (AAJ) has invited attorney Ellen Presby of the nationally recognized Nemeroff Law Firm to speak at the organization’s Plaintiff-Only GranuFlo and Dialysis Products Seminar in New York City on Dec. 12, 2013. The seminar will offer legal developments, industry updates and trial techniques for cases involving the most widely-prescribed dry acid product in the dialysis industry today.

Presby, a trial attorney with Dallas-based Nemeroff Law Firm, was asked to speak during the Medical and Scientific Overview of GranuFlo Cases. The session will provide a generic overview of the process and mechanics of dialysis machines, an understanding of the science and chemistry of GranuFlo and the negative impacts experienced by patients.

“It’s essential for attorneys to understand the science behind these cases,” Presby said. “I’m honored to have the opportunity to share my knowledge and experience with this type of litigation.”

With nearly three decades of trial experience, Presby is a sought-after speaker and will also be moderating a portion of the upcoming AAJ 2014 Winter Convention. She holds multiple legal victories against major corporations, including a role in a $1.275 billion pharmaceutical class action settlement, and was recently appointed to the plaintiff’s steering committee for a major multidistrict pharmaceutical litigation. She specializes in personal injury and product liability cases and stands at the cutting edge of pharmaceutical law and trial techniques.

Presby has been listed as one of National Trial Lawyers Top 100 Lawyers from 2007 to 2012, a Texas Super Lawyer every year since 2003 and was named one of the top 50 female lawyers in Texas by Law & Politics Media and Texas Monthly magazine in 2004. She has served as Co- Chair of the State Bar of Texas Grievance Committee, and on the Boards of the Texas Trial Lawyers Association, the Public Justice Foundation, and the Dallas Chapter of the American Board of Trial Advocates.

The nationally recognized Nemeroff Law Firm won a major victory for victims of occupational diseases in Pennsylvania. In a landmark decision, the Pennsylvania Supreme Court reversed a Superior Court decision and recognized an employee’s right to bring a civil action against an employer for a latent occupational disease.

In Landis v. A.W. Chesterton, et al. and Tooey v. A.K. Steel Corp., plaintiffs developed mesothelioma from years of work-related asbestos exposure. Under prior interpretations of the Workers Compensation Act in Pennsylvania, however, Landis and Tooey were unable to seek workers compensation benefits, or file civil action against their employer, because their mesothelioma did not manifest within 300 weeks of the date of last exposure.

The Pennsylvania Supreme Court ruled that the Act did not apply to latent occupational diseases, or diseases that might take years to develop and be diagnosed, and therefore victims were not prohibited from filing a common law claim against an employer.

In its written opinion, the court stated that interpretations should be “consistent with the humanitarian purposes of the Act,” and “resolve in favor of the employee.”

“It is inconceivable that the legislature, in enacting a statute specifically designed to benefit employees, intended to leave a certain class of employees who have suffered the most serious of work-related injuries without any redress under the Act or at common law,” the court wrote.

“This is a major victory for our clients and for victims of occupational diseases,” said Rick Nemeroff, president and founder of The Nemeroff Law Firm. “Mr. Landis and Mr. Tooey, like many employees diagnosed with latent occupational diseases, had no chance for relief from the employers that had exposed them to occupational toxins. This opinion goes a long way toward protecting their rights, and the rights of other employees and their families, who have suffered from negligence or wrong-doing by an employer.”

John Tooey worked as an industrial salesman from 1964 until 1982 and during his employment sold asbestos containing products, which caused him to be exposed to asbestos dust. In December 2007, Tooey developed mesothelioma and died less than one year later. Spurgeon Landis worked for a manufacturer of welding rods from 1946 until 1992 and, during his employment, he too was exposed to asbestos dust. Mr. Landis was diagnosed with mesothelioma in 2007 and died in 2012.

“Virtually every other state, except for the state of Louisiana, restricts the rights of victims in these cases,” Nemeroff said. “We hope this humanitarian decision in Pennsylvania will influence other states to take action to protect the rights of those have suffered due to employer neglect or misconduct.”

The appeal was briefed by Roderick S. Marshall of The Nemeroff Law Firm and Brent M. Rosenthal of The Law Offices of Brent Rosenthal, and argued by Robert F. Daley of Robert N. Peirce & Associates.

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