Summary of 2009

THE BEST AND THE BRIGHTEST

2009 was another great year for MDPCE.  Evidence of the firm's continued growth and success is best reflected by the extraordinarily talented attorneys who joined us this past year.  We are proud to welcome Rebecca Rogers Bates, Lawrence Brocchini, Annette Rizzi and Joan Ruddy.  Rebecca and Joan join our health care group while Annette and Larry bring their expertise and exemplary record of achievement to our litigation team.

Rebecca received her nursing degree from the University of Sydney in Australia where she was a member of the Golden Key Honour Society, and her law degree from University of Queensland in Brisbane.  Larry is a magna cum laude, Phi Beta Kappa graduate of Georgetown University, a cum laude graduate from University of Michigan Law School, and a former partner with Hogan and Hartson.  Annette joins MDPCE after 15 years of distinguished service with Simpson, Thacher and Bartlett.  She is a graduate of Columbia Law School where she was a member of the Law Review after having graduated Georgetown University magna cum laude.  Joan is an experienced health care attorney having represented physicians, hospitals, nursing homes and pharmaceutical companies.  She received her J.D. from City University of New York after graduating SUNY Buffalo.  To learn more about our talented team of professionals, visit us at www.mdpcelaw.com.

Congratulations are in order, once again, to our senior partners David Meiselman, James Denlea, Myra Packman, Jeffrey Carton and James Eberz who were recognized as the best in our profession. In 2009, our firm was represented in Best Lawyers, Super Lawyers, Elite Lawyers and Litigation Counsel of America.  As these are not accolades that one can purchase, we are privileged to have received the highest compliment of all, recognition by one's peers.  It was also a professional honor for MDPCE to be appointed to the Executive Committee responsible for prosecuting the nationwide consumer fraud class action litigation against Bayer for its deceptive sales practices marketing "heart healthy" aspirin and to be selected as lead co-counsel in the California based nationwide litigation against Ticketmaster for its withholding tickets to concerts and events, and then selling them at a significantly higher price through a wholly owned subsidiary.

CLASS ACTIONS

MDPCE continues to break ground in courts throughout the country representing innocently victimized consumers against giant corporations.  For example, in 2009, MDPCE won class certification in New York State's Appellate Court, representing Sam's Club members who were cheated by the discount warehouse chain when they sought to rejoin the Club after expiration of their prior membership and paid a full year's dues but received less than a full year's worth of membership privileges.  MDPCE also won preliminary federal court approval of a nationwide settlement in a consumer class action against Costco which will provide nearly $40 million in immediate benefits to Costco customers across the Country plus an additional $87 million in benefits over the next 7 years. 

MDPCE also received State Court preliminary approval of a class-wide settlement against Shell arising from the imposition of "dormancy" or expiration fees on Shell gift cards.  Pursuant to the terms of the settlement, Shell will stop imposing dormancy fees on its gift cards and will reimburse consumers who were previously charged such fees.  And, in what could become a landmark consumer case, New Jersey's highest court has granted our motion to appeal a lower court decision denying class certification in a class action in which we challenged the misleading mass marketing of a well-known diet supplement.

New class actions instituted by the firm in 2009 include cases against AARP in Washington DC for deceptive marketing of health insurance policies; against Gateway in California for failing to honor its computer warranties with its customers; against Apple for its Power Book laptops with defective memory expansion slots; against AAA of Southern California, the nation=s largest AAA affiliate, for charging its members full fees for less than full benefits; against Universal Health in Ohio for selling a plan that falsely claims to provide free access to medical care and services; and against Principal for restricting 401(k) participants from withdrawing their money in a real estate investment vehicle.

GENERAL LITIGATION

MDPCE had another extraordinary year in the general litigation arena successfully representing plaintiffs and defendants in both state and federal courts in numerous and diverse venues.  For example, we won a dismissal of a multi-million dollar lawsuit brought against our client, a boat builder, for a tour boat which capsized on Lake George resulting in 20 fatalities; successfully represented a publicly traded power company by challenging the constitutionality of a local environmental law and persuading the Court that the law should be invalidated; successfully defended an internationally acclaimed British author against a breach of contract claim brought by Miramax Films concerning an option for movie rights; successfully represented a local real estate developer in litigation instituted by neighboring property owners; successfully defended a marina operator in New Jersey, a victory that was subsequently affirmed by the Appellate Court and Supreme Court of New Jersey;  and successfully represented a client wrongfully accused of fraudulent corporate transactions winning a full exoneration at both the trial and appellate levels.

At the same time we were winning these cases, we were retained to defend an insurance company in federal court for an alleged breach of its obligation to provide coverage for an oil spill cleanup; to represent a landowner in litigation against three surrounding gasoline service stations for causing underground contamination and devaluation of our clients' property; to defend a large luxury yacht manufacturer in a New Jersey litigation concerning alleged premises liability; to represent a bond brokerage firm seeking to recover commissions from a pool of $826 million; to represent the estate of a deceased owner of a well-known Westchester retail operator against the majority shareholder; to represent an internationally recognized investment advisor in an SEC matter and in litigation with his former financial services partnership; to defend a stevedoring company operating in New York and New Jersey from a breach of contract claim; to represent a major manufacturer of elevators against an insurance firm for unlawful sales practices;  to represent the heir of one of America's best known composers regarding his legal rights to the fortune left by his father; to represent a significant Canadian registered investment dealer in its dealings with American investors; to represent a pharmaceutical company in antitrust compliance issues; to represent a national retail furniture chain in an environmental investigation; and to represent a major financial institution in litigation concerning collateralized debt obligations.

CATASTROPHIC INJURIES

MDPCE continued its long and illustrious history of successfully representing victims of serious personal injury.  In 2010 we look forward to  presenting our clients' cases to a Judge and Jury including one in which an explosion killed or permanently disabled four clients; the case of a 55 year old man who lost both his legs and ultimately his life as the result of being trapped in a burning building; and the matter of an electrician who was badly burned when he was directed to drill a grounding rod into live electrical duct work of which he was unaware.  In 2009, we were retained to represent a 28 year old welder who sustained horrific burns to his face, head and neck when an oil tank exploded; to represent an infant girl who sustained third degree burns to her face after coming in contact with an unguarded, uninsulated steam pipe; a 40 year old man who was rendered quadriplegic as a result of being hit by a car and a 25 year old man with third degree burns over 50% of his body as the result of an automobile accident.  Our firm accepts very few personal injury cases but depending on the circumstances and severity of injuries, we are honored to be entrusted with the sober obligation of taking care of less fortunate members of our community to ensure that they live the best possible lives that our judicial system is able to provide for them.

HEALTH CARE

Since its inception in 1976, MDPCE has fought for doctors and for the preservation of the best medical care system in the world.  In 2009, the firm continued its proud history of representing physicians, medical groups, hospital medical staffs and county medical societies in New York, Connecticut and throughout the country in personal and professional matters including employment, partnership and shareholder issues; contract and restrictive covenant disputes; managed care issues; the creation, merger and dissolution of medical practices; Stark and HIPAA issues; licensure and privileges matters; asset protection plans and in the management, growth and financing of practices.

Led by physician-attorney and nationally recognized health care practitioner Barry Cepelewicz, MDPCE continued to successfully represent doctors in disputes with hospitals, third party payors, insurance and managed care companies, and state and federal investigative agencies.  In 2009, Barry worked diligently with many medical practices to increase physician income through the creative use of joint ventures, mergers, and acquisitions and retooling of office procedures including billing and reimbursement.  The firm was also successful in enforcing non-compete agreements as well as in advancing medical staff rights and protections.  Similarly, our highly regarded medical malpractice litigators had another remarkable year successfully representing our physician clients in cases alleging, among others, a brachial nerve injury following a lobectomy for a bronchogenic carcinoma; improper sinus surgical technique; failure to diagnose breast cancer; failure to diagnose coronary disease resulting in a myocardial  infarction; negligently reading radiological studies; and failing to diagnose and treat squamous cell carcinoma.

During the past year, MDPCE was retained to represent many health care providers including Yale-New Haven Hospital where a patient alleged negligence in the diagnosis and treatment of an embolized angioseal resulting in claims of irreversible nerve damage; and in other cases involving failing to diagnose subacute bacterial endocarditis; leaving a sponge in during surgery; for the death of a 37 year old woman following bariatric surgery; failing to diagnose skin cancer; for misplacement of an endotracheal tube causing death by asphyxiation; failing to diagnose an esophageal tear during surgery; for post C-section complications including infection, shock and necrotizing fasciitis requiring additional surgery and for failing to diagnose and treat multiple myeloma.  MDPCE is honored to have been chosen by the medical community for more than 30 years to defend some of the most serious, difficult and challenging cases.

CONCLUSION

2009 was an incredible year.  For a firm our size to have handled the scope, complexity and geographic diversity of the matters we were privileged to have placed in our care is a testament to the intellectual commitment, passion and energy we bring to every engagement.  We enjoy our clients and value the bonds we forge with them.  Although 2009 may have raised the bar for us yet again, we look forward to the challenges and victories that lay ahead in 2010.