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Mike Block was elected President of the South Jersey Chapter of the Juvenile Diabetes Research Foundation (JDRF). JDRF is one of the top 10 charities in the world according to Forbes Magazine, as approximately 84 cents of every dollar donated goes to research and education to find the cures for type 1 diabetes. Mike's son Brian has been suffering from this disease since 1996.

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Floyd Cotlar recently earned a favorable decision in an Assigned Claims Plan case. The injured person had obtained default judgments against the individuals without the written consent of the Assigned Claims Plan pursuant to 40 Pa.C.S. § 2000. The injured person's default judgments extinguished the Assigned Claims Plan's subrogation rights as a matter of law. Clearly, the extinguishment of subrogation rights was proof of actual prejudice. Given that a default judgment had been entered against the individuals prior to arbitration, the arbitrators had no basis for their award on the cross claim. It was a legal nullity as it was procedurally improper. This case has been reported here: Diallo v. Ndiaye, 2007 Phila. Ct. Com. Pl. LEXIS 87 (Pa. C.P. 2007).

Timothy Coffey participated in the work group that drafted amendments to the Worker's Compensation Act. The legislation, developed by the Pennsylvania Chamber of Business & Industry and Pa. Trial Lawyers Assoc., benefits both employers and claimants by reducing litigation costs, streamlining the adjudication process, and improving the timeliness and quality of decisions. The legislation, Act 147, was signed into law by Governor Rendell in December 2006.

Floyd W. Cotlar has tried seven motor vehicle accident cases in as many months and earned defense verdicts in all.

Working with National Counsel, Michael Block obtained a defense verdict in a reverse-bifurcated asbestosis matter for Union Carbide, in late November, 2006. Although the jury found damages in the amount of $1M, they ultimately found no liability on U.C., the lone remaining defendant. U.C. demonstrated that notwithstanding Plaintiff's identification of U.C. products from a "picture book," it had not sold product to Plaintiff's employer, where the exposure was alleged to have occurred.

Mary Cook obtained a ruling from the Appellate Division of the Superior Court of New Jersey affirming the order of the trial judge granting summary judgment in favor of a manufacturing company in a products liability action. Plaintiff, a chemist, alleged that he had been injured through his exposure to radioactive material used in the course of his employment. He filed a claim alleging that the company manufactured and supplied a defective exhaust fan for the fume hood used by plaintiff. The Appellate Division affirmed the trial court's finding that plaintiff failed to produce evidence as to the identity of the manufacturer of the fan, and further determined that the record failed to demonstrate that any failure of the fume hood contributed to plaintiff's exposure to radioactive material.

Jennifer Watson and Bern Kueny made a formidable team in a Pittsburgh trial where the jury returned a defense verdict in a case involving a 73 year-old living mesothelioma sufferer. We defended based on the idiopathic nature of the disease in this plaintiff.

Wilbraham, Lawler & Buba is pleased to announce that Antranig Garibian has been admitted to the practice of law in Delaware.

Michael Block obtained a defense verdict in February 2006 in the Philadelphia CCP in a case where a man died at age 69 of what plaintiff's counsel and the treating physicians claimed was asbestosis due to his career as an auto mechanic. Plaintiff called Dr. Jonathon Gelfand, pulmonologist, who reviewed medical records that showed decedent suffered with severe lung impairment since 1999. Gelfand found pleural thickening and fibrosis which he concluded was from his asbestos exposure from his career as an auto mechanic. The death certificate stated his death was due to his asbestos related condition. His treating pulmonologist and family doctor had diagnosed his asbestosis in 2001. Decedent's brother testified to his exposure to asbestos from brakes and gaskets. Decedent's daughter testified as to how he had been on oxygen for several years and had great difficulty with any activity due to his severe shortness of breath. She also testified as to how her step-mother was ill and was devastated by the death of her husband. Defendants offered testimony from Dr. Alan Pope, a pulmonologist. He testified that decedent suffered and died from familial pulmonary fibrosis which had nothing to do with asbestos. He relied on the fact that decedent's father and 2 brothers had pulmonary fibrosis. Additionally when he reviewed the x-rays and CT scans it was clear it was not typical of asbestosis. What looked like pleural thickening was really sub-pleural fibrosis. Also the progression was too quick for asbestosis. The jury found in favor of our client and concluded that plaintiff's disease was not caused by asbestos.

Bern Kueny has been elected President of the St. Joseph's Prep Alumni Board of Governors. He has previously served the Board as vice president (2003-2005), treasurer (2001-2003), and secretary (1999-2001).

Jennifer Watson and Bern Kueny were selected as top lawyers in Pennsylvania in the recent announcement of Pennsylvania Super Lawyers. This listing comprises only the top 5% of litigators throughout the Commonwealth.

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