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San Francisco law firm seeks dismissal of Thornburg lawsuit
Court News | 2010/05/05 09:00

A San Francisco law firm, which was sued by the bankruptcy trustee in charge of liquidating Thornburg Mortgage, has asked the court to dismiss the lawsuit, calling it "long on rhetoric but short on facts."

The trustee's lawsuit filed in March named attorney Karen Dempsey of Orrick, Herrington & Sutcliffe and the firm itself as part of an alleged conspiracy that involved four top Thornburg executives improperly paying themselves handsome bonuses just before the mortgage lender filed for bankruptcy last year.

In court papers filed on Monday, the law firm said the complaint did not show that Dempsy knew about the allegedly improper conduct of the executives.

"Using novel theories of conspiracy and aiding and abetting, the trustee seeks to impose what would be unprecedented 'vicarious' liability on special counsel for a debtor," the filing said.



Cody Fowler Davis driven to open new firm
Attorney News | 2010/05/05 09:00

Lawyer and author Cody Fowler Davis has struck out on his own — again.

He left Davis & Harmon PA, which he formed in 2001, and opened another Tampa law firm this week appropriately named Cody Fowler Davis Trial Attorneys PA. His previous firm is now Harmon Woods Parker Hendricks & Abrunzo.

By all accounts a driven lawyer very much at home in a courtroom, Davis was polite about reasons for the change.

“I just decided it was time for me to leave,” he said. “I was president of the firm and set it up, but some philosophical differences arose. They’re good lawyers, and they’ll do fine.”

The back-story, Davis said, is that he “found a guy a lot like myself” with whom he wanted to practice law. He described Jonathan Brozyna as another driven civil trial and commercial litigation practitioner who successfully tried a lot of cases at a young age — like Davis.

And, like Davis, Brozyna is a tennis player.

“A tennis player bets on himself a lot,” Davis said.

Prior to forming Davis & Harmon, Davis was a partner at Macfarlane Ferguson & McMullen in Tampa. He is certified by the Florida Bar in civil trial law and business litigation. Davis also is a certified mediator in state and federal courts.

Along the way, he winds down by writing and has authored two legal thrillers with Tampa ties, “Implied Consent” and “Green 61”. He has outlined a third book to which publishers want the rights, but Davis is a little too busy right now.

His credentials and profession come naturally almost by osmosis through his old Tampa family. Imagine the dinner table conversation when he was growing up at the Davis home. His late father was a judge, and his grandfather, Cody Fowler, was a founder of what is now Fowler White Boggs and an American Bar Association president.

Davis plans to grow his new firm some, possibly to four lawyers.

“I’m used to working hard and long hours and like a lawyer who shares the same desires and goals,” he said.



High Court Rejects Pfizer Appeal in Investor Suit
Headline Legal News | 2010/05/03 08:18

The U.S. Supreme Court on Monday rejected an appeal by Pfizer Inc. that sought to thwart a securities lawsuit alleging the drugmaker misrepresented the safety profile of the blockbuster pain drug Celebrex.

The plaintiffs alleged that Pfizer's Pharmacia unit deliberately withheld the full results of a medical study that showed no safety advantage to using Celebrex over less expensive anti-inflammatory drugs.

Pfizer argued that investors missed a two-year statute of limitations to bring the lawsuit. The investors said there was no evidence of a possible fraud until the Washington Post published an article about missing Celebrex data in August 2001, meaning their April 2003 lawsuit was within two years of that development.

The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled last year that the lawsuit was not filed too late. The Supreme Court let that ruling stand without comment.

The high court's denial of Pfizer's appeal comes a week after the justices ruled unanimously that investors didn't wait too long to file securities lawsuits alleging that Merck & Co. misrepresented the safety of painkiller drug Vioxx. Pfizer's appeal had been on hold pending the outcome of the Merck case.



Court says feds not liable for immigrant death
Court Watch | 2010/05/03 02:18

The Supreme Court says the family of a now-deceased immigrant who was denied medical care for cancer while in custody cannot sue federal medical officials for damages.

Salvadoran immigrant Francisco Castaneda was denied a biopsy for a painful penis lesion while in prison in California, despite outside specialists' recommendations. He was later diagnosed with penile cancer, had his penis amputated and died.

Castaneda's family sued the U.S. Public Health Service personnel who denied the biopsy. But the government says the law gives its medical personnel absolute immunity against lawsuits.

Federal courts have refused to throw out the lawsuit. But Justice Sonia Sotomayor says the government's position is correct. She wrote the opinion for a unanimous court.



Dugas to stay in BR, head law practice
Attorney News | 2010/04/28 08:47

Former U.S. Attorney David R. Dugas will remain in Baton Rouge to head a New Orleans-based law firm’s nationwide energy practice, officials announced Tuesday.

Dugas, who resigned his federal post last week, will join McGlinchey Stafford on May 1, the law firm said in a press release.

In addition to chairing the firm’s energy practice, Dugas will serve as co-chair of McGlinchey Stafford’s governmental investigations team.

“We are honored to have David join our team and are excited to offer his distinguished level of expertise to our clients,” Rudy Aguilar, the law firm’s managing member, said in a written statement.

Dugas was a private-practice attorney who focused on oil-and-gas litigation as well as environmental issues prior to serving more than eight years as U.S. attorney for the Middle District of Louisiana.

The 1978 graduate of LSU’s Paul M. Hebert Law Center was appointed to his federal post by former President George W. Bush.

In addition to New Orleans and Baton Rouge, McGlinchey Stafford has offices in Dallas, Houston, Cleveland, Monroe, Jackson, Miss., and Albany, N.Y.



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