The Verdict

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2012 Volume One

Transcript of The Verdict

  • VERDICT is a Publication of the Law Firm of Napoli Bern Ripka Shkolnik LLP

    VOL 2012ISSUE 1

    6 Mass tort lawsuit filed in Costa Concordia cruise disaster

    6 9/11 Victim Compensation Fund now accepting claim

    7 Helping 9/11 ill and injured an uphill task

    8 Firm Partners featured in New York Magazine

    8 Life insurance companies may be keeping $1 billion in unclaimed benefits

    9 NBRS files arbitration claim against David Lerner Associates for the sale of Apple REITs

    9 Helping people file a Social Security Disability claim from the October 2011issue of American Police Beat Magazine

    10 Filing a Workers Compensation claim if you are ill or injured due to your job


    10 Broker-dealer licensing: Understanding the role and limitations of the Series 6 license

    1 Adam J. Gana and Christopher Lufrano: ABA Nomination

    1 New office opening and staff growing to serve our clients

    1 Attorney Speaking Engagement Recaps

    2 NBRS selects MediConnect Global to handle medical record retrieval for high-profile national casework

    2 St. Johns Law School Grads join NBRS through Fellowship Program

    2 Pain management focus of first lecture in Firms professional development program



    3 How to Download the Free NBRS App!

    3 Increased risk of bladder cancer with #1 diabetes drug Actos

    4 Avaira Toric and Sphere contact lenses recalled due to risk of eye injury

    4 Leg fractures and jaw injuries with Fosamax and other bisphosphonateosteoporosis drugs

    4 Failure of Zimmer NexGen knee replacement devices

    5 Have you taken the antiarrhythmic drug Multaq and suffered liver damage or cardiovascular event?

    5 Abercrombie & Fitch Involved in Gift Card Violations?

    5 NuvaRing Contraceptive Side Effects Lawsuits

    safety advisoriesRecalls and

  • Adam J. Gana and Christopher Lufrano: ABA Nomination

    Nomination for The Alternative/Securities Dispute Resolution Committee

    Adam J. Gana, Senior Litigation Counsel and head of the firmsSecurities and Commercial Arbitration Litigation Department,along with departmental Associate Attorney Christopher Lufrano,have been nominated to the American Bar AssociationsAlternative/Securities Dispute Resolution Committee.

    The Section of Dispute Resolution, established in 1993, is oneof the ABAs newest and fastest growing Sections with over19,000 members.

    More at


    New office opening and staff growing to

    serve our clientsAs we begin 2012, we are proud that our national firmcontinues to grow, which increases our ability to service ourclients in a range of practice areas on a more local level.

    Welcome to Steven M. Aroesty who joins our firm as theManaging Partner for our new Illinois office.

    Our offices in New York, New Jersey, Pennsylvania,California and Florida have also added to their team ofexperienced legal professionals. Napoli Bern RipkaShkolnik LLP would also like to welcome AssociatesBenjamin H. Adams and Kelly McMeekin, as well as allnew Legal Personnel and Staff.

    Additionally, we are happy to congratulate our Law Clerkswho recently passed the Bar Exam in various states!

    New firm office


    241 North Main Street

    Edwardsville, Illinois 62025

    (618) 364-8176


    Attorney SpeakingEngagement RecapsMarc Jay Bern a co-chair at HB Litigation Conference

    Gas Drilling Operations Conference & Live Webcast

    A panel of experts joined co-chair NBRS Senior Partner Marc J. Bern in Dallas, TX todiscuss the latest hydraulic fracturing (fracking) information. The increased use offracking to extract natural gas from underground rock formations raises environmentaland legal challenges.

    Hunter J. Shkolnik spoke at 11th Annual Class Action/Mass Tort Symposium

    Presented by the Louisiana State Bar Association (LSBA)

    Along with former New Jersey Mass Tort Judge Marina Coredemus, Hunter J. Shkolnik wasa speaker on Multi-district Litigation and the Parallel State Court Universe: A PractitionersGlobal Positioning Guide. The conference was held in New Orleans in December.

    Hunter J. Shkolnik spoke at Harris Martin MDL Conference

    NBRS filed the first Actos case in the country

    Senior Partner Hunter J. Shkolnik spoke at the Harris Martin MDL Conference:Transvaginal Mesh and ACTOS Litigation in Savannah, Georgia. Mr. Shkolnik focusedon the history, function and problems associated with the type-2 Diabetes Drug Actos.

    Hunter J. Shkolnik co-chairs AAJ Litigation Group

    The Actos Bladder Cancer Litigation Group

    Senior Partner Hunter J. Shkolnik was integral to the formation of the new AAJlitigation group, The Actos Bladder Cancer Litigation Group. Mr. Shkolnik will be co-chairing this important Litigation Group.

    The American Association for Justice, also known as the Association of Trial Lawyersof America is a forum for attorneys to share their knowledge and experience throughconventions and teleseminars while continuing their own education in order to bemore successful attorneys for their clients. Mr. Shkolnik recently lead an AAJ ActosTeleseminar which focused on the Type-2 diabetes drug Actos and its link to a 40%increased risk for Bladder Cancer for those patients taking the drug for more than ayear. More at

    Adam J. Gana, Esq. a Guest Lecturer at Pace Law School

    FINRA Arbitration Discovery

    Senior Litigation Counsel Adam J. Gana was a guest speaker at the Investor RightsClinic / Seminar in White Plains, New York.

    The focus of the discussion centered on how to properly file an arbitration claim and theprocess and procedures involved with FINRAs Discovery Process. Mr. Gana shared hisexperience and knowledge on how to best prepare, present and win a case for arbitration.

    Adam J. Gana, Esq. lectured at 2011 PIABA Annual Meeting in California

    Analysis of Suitability Claims in Product Specific Cases

    Senior Litigation Counsel Adam J. Gana was a Guest Lecturer at the 20th Annual PublicInvestors Arbitration Bar Association (PIABA) Meeting in Rancho Mirage, California.

    The focus of the discussion centered on how to properly broaden a product-basedarbitration as a claim for suitability. Mr. Gana shared his experience and knowledgeon how to best prosecute a product related case in arbitration with attendees.

    Gana Lufrano

    2012 Napoli Bern Ripka Shkolnik LLP Prior results do not guarantee a similar outcome. This publication is for informational purposes only, does not constitute legal advice and may not reflect the most current legal developments. This publication does not createan attorney-client relationship, only a written contract between the parties can establish an attorney-client relationship. Napoli Bern Ripka Shkolnik LLP and all contributing authors expressly disclaim all liability to any person with respect to the contents of thispublication. Imagery used in this publication utilizes fictionalized events or scenes with participation of models. For complete details, read our Terms of Use and Privacy Policy at

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    St. Johns Law SchoolGrads join NBRS through Fellowship ProgramLaw school students graduate with a Juris Doctor degree andbegin studying for the Bar Exams, then what? The St. JohnsUniversity School of Law Alumni Fellowship Program helps St.Johns graduates with that next step. The program endeavors

    to place recent law graduates with a law firm that has analumnus tie to the school.

    Over the past year, Napoli Bern Ripka Shkolnik LLP receivednumerous applications through the Fellowship Program. Aftercareful review of resumes, writing samples and interviews, wewere happy to offer positions to Mr. Michael Cohan, Ms. DanielaRapisardi and Ms. Bettina Hollis. Each earned their Juris Doctorin June 2011 and has since passed their respective Bar Exams.

    Each St. Johns graduate accepted the offer to join the firm andwe immediately put them to work conducting research on legalissues, drafting memoranda, complaints, drafts and briefs andassisting with court filings. All three graduates agree that thepractical application of what they learned in law school has beeninvaluable in their development of becoming successful attorneys.

    Ms. Hollis, Ms. Rapisardi and Mr. Cohan continue to growmore confident as they learn and develop legal skills. Theyshould feel a sense of accomplishment in knowing that theyare already substantively contributing to cases, says SeniorPartner Paul J. Napoli, a graduate of St. Johns UniversitySchool of Law class of 1992.

    Cohan Rapisardi Hollis

    NBRS selects MediConnectGlobal to handle medical record retrieval for high-profilenational caseworkMediConnect Global, one of the first and largest health information exchanges, has signedwith Napoli Bern Ripka Shkolnik LLP (NBRS) to manage the medical record retrieval forhigh-profile national tort cases and other legal casework.

    By using RapidRetrieve, MediConnects patented record retrieval system, NBRS attorneysare able to quickly request plaintiffs relating to a specific case all at one time. This not onlystreamlines efforts and reduces the amount of time needed to request records for individualcases, but also allows real-time tracking and reporting on each individual record request

    from start to finish. Having these medical records is a critical component for the effectivepreparation of each case by NBRS attorneys on