Thursday, October 22, 2009

Lawyer Spotlight -- Steven Marks

Steven sure has generated a lot of news recently.

First, there's the $22.5 billion Bank of New York Russian customs case, which settled for $14 million (prior coverage here).

Then there was Judge Huck's ruling in the Dole matter, which has a number of facts that aren't too hot, as noted by CNNMoney's Roger Parloff:

The broad terms of Huck's ruling make its reasoning virtually certain to control the outcome of a companion DBCP case known as Herrera Rios v. Standard Fruit Co., in which U.S. Lawyers were expected to seek enforcement of another $800 million in Nicaraguan court judgments.

While Judge Huck did not reach the question of fraud, he did note, as relevant to the due process issues, that the Nicaraguan judge in the Osorio case had prevented Dole from introducing into evidence 151 birth certificates indicating that at least 32 of the 150 prevailing claimants in the Osorio case (representing $21 million of the $97 million judgment) had fathered at least one child after his last alleged exposure to DBCP.

One plaintiff, for instance -- who had been awarded $574,880 for sterility and related mental distress -- had, by his own admission, fathered at least four children after his last DBCP exposure. (Dole's evidence suggested that this plaintiff had actually fathered nine children in all, including eight after his last exposure.)

Huck also found that, even assuming the plaintiffs' medical claims were accurate -- the Nicaraguan procedures had not permitted Dole to test the plaintiffs independently -- more than half of them (78 of the 150) "suffered from injuries for which, according to the unrefuted medical testimony presented to the Court, there is no medical evidence that DBCP is capable of causing."

The average recovery in both the Osorio and Herrera Rios cases was about $650,000 per plaintiff, which is a lot of money in a country where most of the population earns less than $2 a day. According to Judge Huck's ruling, Nicaraguan labor law ordinarily requires employers to pay no more than $1,240 to compensate the family of a worker who has died or become totally disabled due to occupational hazards.

So let's see -- no forum nons to Ecuador, now Nicaragua, the list keeps growing.....

Finally, Steven just filed this interpleader action before Judge Gold involving disputed fees arising from the Siber Air settlement.

Boy, I sure hope he checked the redaction box, we don't need any more issues coming up this week.


Anonymous said...

crying all the way to the bank

Anonymous said...

Great day everyone!!