Accolades And Rankings
Berman & Simmons
and 5 partners receive top rankings in Chambers USA 2007. Cited as "best
plaintiff's firm in the state"
Berman & Simmons'
Lawyers have earned top rankings in Best Lawyers in America in all editions.
Four Berman & Simmons lawyers were selected for inclusion in a recent edition.
Berman & Simmons received a “highly recommended” rating and also recognized as “Maine’s top plaintiffs’ firm”.
Recent News from Berman & Simmons Attorneys
PRESS RELEASE - 8/30/2010
BERMAN & SIMMONS LAW FIRM ELEVATES MICHAEL BIGOS TO EQUITY MEMBER
Berman & Simmons is pleased to announce that attorney and Auburn resident Michael T. Bigos has recently become an equity member of the firm. Since joining the firm in 2004, Mr. Bigos has distinguished himself in successfully resolving hundreds of personal injury cases for clients throughout Maine. He is often called by lawyers outside the firm to serve as "trial counsel" in complex and difficult cases, and is known as a "go-to" leader for legislative advocacy on civil justice issues, safety policies, protecting consumers, and presentations involving trial work.
Mr. Bigos is a past Managing Editor of the University of Maine Law Review, and spent his first year as a lawyer working as a clerk for Justice Jon Levy of the Maine Supreme Judicial Court. He is a Governor of the Maine Trial Lawyers Association and chairs its Legislative Committee. He is also a former Commissioner of the Maine Governmental Ethics and Elections Practices Commission. Before joining Berman & Simmons, Mr. Bigos worked in the Maine legislature, and served as Chief of Staff to Chellie Pingree (now a Member of Congress).
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PRESS RELEASE - 8/16/2010
DANIEL G. KAGAN OF BERMAN & SIMMONS HONORED WITH PRESTIGIOUS JUSTICE ASSOCIATION AWARD
Daniel G. Kagan. Esq., governor of the American Association for Justice, has been awarded the association’s prestigious Wiedemann Wysocki National Finance Counsel Award. Attorney Kagan is one of only a few recipients nationwide selected to receive the award, which honors attorneys for their commitment to their profession and support for improving the civil justice system.
The Wiedemann Wysocki award was established in honor of Fritz Wiedemann and James Anthony Wysocki, two New Orleans-based attorneys and active American Association for Justice members who died in a plane crash while traveling to an American Association for Justice event.
Daniel G. Kagan, Esq. is a
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PRESS RELEASE - 07/27/2010
BERMAN & SIMMONS EARNS TOP RANKING BY CHAMBERS & PARTNERS
Berman & Simmons, a state-wide plaintiffs’ trial firm, earned the highest of rankings in Chambers & Partners USA, a leading guide to
Six attorneys were also individually recognized by Chambers & Partners USA. Jack Simmons, ranked as a Senior Statesman, was recognized for achieving “legendary status.” William Robitzek, ranked in band 1, was described as a top-notch trial lawyer. Steven Silin, ranked in band 1, was commended for “developing strong relationships with his clients and being very good in court.” Julian Sweet, ranked in band 1, was described as being “smart, hard-working and really understanding the medicine in medical malpractice cases.” Jodi Nofsinger was praised as “fast becoming recognized as one of the best in the state.” Benjamin Gideon was recognized for attracting an ever-greater volume of work and carving out a niche in nursing home malpractice and civil rights disputes.
Rankings are based on thousands of client and lawyer interviews, with greater weight given to client interviews, conducted by Chambers’ researchers. Law firms and individual lawyers are ranked in bands 1-6, 1 being the best.
Jack H. Simmons has been an active trial lawyer since his admission to the bar in 1964. He has tried numerous complex medical malpractice cases, various tort cases, and significant criminal cases. Mr. Simmons has been listed in The Best Lawyer in
William D. Robitzek has established himself as one of
Steven D. Silin specializes in claims involving catastrophic injury and medical malpractice, and has obtained some of the highest jury verdicts in
Julian L. Sweet specializes in complex medical malpractice cases. In 2001, Mr. Sweet obtained the largest verdict in
Jodi L. Nofsinger specializes in personal injury and medical malpractice cases. She has successfully handled a variety of personal injury and medical malpractice cases through trial in most counties in
Benjamin R. Gideon represents injured persons throughout
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Julian L. Sweet will be speaking on medical malpractice issues at the annual meeting of the New England Orthopedic Society inJodi L. Nofsinger is now serving on the Board of Directors of the Maine Civil Liberties Union.
PRESS RELEASE - 04/21/2010
April 9, 2010, York, Maine. The York County Superior Court allows a wrongful death case to proceed to a jury trial against a Sanford couple. The case involves an elderly Sanford man who died after being burned in a Sanford house fire. The lawsuit was filed by the deceased man's daughter, and she is represented by James O'Connell of Berman & Simmons, a state-wide trial law firm.
The deceased Sanford man, Joseph Albert, 77, had been suffering from rapidly declining mental health conditions. He had been staying for a few days at the home owned by Billy Groom and April Walsh. Groom and Walsh had been caring for Mr. Albert following his discharge from Goodall Hospital with doctors' instructions that he be given around-the-clock supervision. On November 22, 2008, Groom and Walsh left Mr. Albert alone and unsupervised while he smoked a cigarette on an enclosed porch heated by propane. As a result of standing too close to the propane heater, Mr. Albert's clothes caught on fire, causing him to suffer second and third-degree burns over 40% of his body. Mr. Albert died the next day due to complications from his multiple burns.
The Defendants' lawyer filed papers with the Court requesting a dismissal of the case, claiming that the Defendants owed Mr. Albert no special duties beyond those owed to an ordinary house guest. Following courtroom arguments by the lawyers, Justice Fritzsche denied the Defendants' motion and allowed the case to proceed to a jury trial. The judge found that a special duty may have been owed and breached and that it was up to a jury to decide whether Groom and Walsh assumed a special duty by agreeing to provide constant supervision of Mr. Albert.
Attorney O'Connell was pleased that the judge recognized a legal doctrine that had not yet been adopted by Maine courts. "Groom and Walsh agreed to take appropriate care of Mr. Albert after he had been diagnosed with dementia. Mr. Albert's doctors and children trusted Groom and Walsh to do a good job. They did not, and because of that Mr. Albert died. Mr. Albert's children are deeply saddened by his loss and are satisfied that the judge refused the Defendants' request to dismiss their case. Now their claim for wrongful death damages will be decided by a jury, which is what we were fighting for."
PRESS RELEASE - 03/19/2010
Maine Trial Lawyers Association (MTLA) President Daniel Kagan is proud to announce that Anthony Tarricone will address the Maine Trial Lawyers Association at their annual meeting in Freeport on March 26, 2010. Tarricone, president of the Association of Trial Lawyers of America (also known as the American Association of Justice (AAJ)), will speak about how dire economic times are hurting access to justice as courts across the nation and in Maine are forced to reduce their hours or even shut down. Like MTLA in Maine, the AAJ works to preserve and protect the civil justice system to ensure that citizens across the nation have equal access to the courts. MTLA works with members of the state government to protect the rights of Maine people.
Also at the meeting, Kagan will address recent developments in the civil justice system to include new levels of cooperation between MTLA and the Maine Medical Association to improve communication between doctors and lawyers. MTLA's work has resulted in further education for Maine attorneys about a new set of mandatory ethics rules in an effort to promote dignity, integrity, and the highest ethical standards of conduct, and increased efficiency of Mainecare reimbursement claims. At her 2010 State of the Judiciary Report to the Maine legislature, Chief Justice Saufley recognized the dedication of MTLA by stating, "[T]he work of Maine’s trial attorneys on behalf of injured people returns millions of dollars to Maine’s Medicaid accounts each year."
Daniel Kagan, Esq. is a partner at Berman & Simmons who specializes in serious personal injury, products liability, and nursing home malpractice cases throughout Maine. Having achieved significant verdicts for Maine victims for over twenty years, Kagan is highly regarded for his skills and dedication within the trial lawyer community. He advocates for civil justice through his years of work on the governing board of AAJ and MTLA.
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PRESS RELEASE - 02/25/2010
Berman & Simmons is pleased to introduce three new blogs. Visit the blogs and sign up to receive automatic email updates:
Keep current with the decisions of Maine’s highest court with contemporaneous, concise case summaries and insightful editorial commentary by Paul Macri, a specialist in Appellate Law who was elected a Fellow in the prestigious American Academy of Appellate Lawyers and has briefed and argued 149 Law Court cases. For years, the attorneys of Berman & Simmons have benefited from Attorney Macri’s extensive knowledge and insight into the workings and jurisprudence of the
Product Safety at Work and At Home (www.maineproductsliability.com)
Every day we and our clients rely upon hundreds of products at home and in the workplace. Most products are safe and reliable, but some present hidden risks or dangers that can injure or kill. From automobiles and other motor vehicles to household appliances to industrial machinery and equipment, attorney John Sedgewick presents news, practical advice and information for individuals and lawyers who want to better understand what makes a dangerous and defective product and how the law can be used to hold the companies that make these products accountable. Attorney Sedgewick is listed in Best Lawyers in America under the heading of Product Liability and has successfully prosecuted numerous product defect cases against some of the nation’s largest corporations in cases involving a wide diversity of product defects, including auto defects, air bags, aluminum ladders, plastic chairs, gas explosions, forklifts, waterslides, ski bindings, industrial equipment, firearms, and many other products.
With the aging of the population, more of our elderly citizens live in nursing homes, assisted living facilities or other institutional care facilities. Most of these facilities work hard in a demanding environment to provide good, conscientious care to residents. However, some facilities lack the systems, qualified staff or resources to meet the needs of their residents. Attorney Benjamin Gideon specializes in claims against nursing homes and other institutional care facilities, and presents news, advice and commentary regarding negligence, neglect and abuse of elder residents. Attorney Gideon discusses developments in oversight and regulation of nursing homes, legislative initiatives that effect the rights of nursing home residents and common categories of negligence, including falls, pressure ulcers, overmedication, wandering and elopement, hydration and nutrition and other issues.
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William D. Robitzek was appointed to be one of three representatives from Maine on the Board of Governors of the New England Bar Association.
Jodi L. Nofsinger is now AV® Rated by Martindale-Hubbell.
Julian L. Sweet and Craig A. Bramley have been invited to speak at the meeting of the American College of Surgeons in DC in October, 2010.
The Lewiston Sun Journal published an article by John E. Sedgewick on Tuesday, February 9, 2010 entitled: Toyota Problems Reflect Limits of Government Power. For the complete story go to Toyota Story
Benjamin R. Gideon is representing jail inmates in connection with an assault case against jail guards. This case was recently covered by the Portland Press Herald on February 3, 2010. For the complete story, see Story.
The Lewiston Sun Journal published an article on January 5, 2010, detailing the grounds for a lawsuit filed against Lewiston employer ACS. Benjamin R. Gideon is fighting to hold ACS accountable for the robbery, rape, and murder of a pregnant woman by her fellow ACS employee, a lifelong violent criminal who was on federal parole for bank robbery when ACS hired him to take credit card applications over the telephone. For the full story, see: Story
The Lewiston Sun Journal published an article by Benjamin R. Gideon on Sunday, December 20, 2009 entitled: Victims need sexual abuse remedy now. For the complete story go to Publications.PRESS RELEASE - 12/11/2009: BERMAN & SIMMONS LAWYERS SELECTED FOR INCLUSION IN NEW ENGLAND SUPER LAWYERS
New England Super Lawyers, an exclusive listing of outstanding lawyers who have attained a high degree of peer recognition and professional achievement, has selected William D. Robitzek for his success on plaintiff’s personal injury cases. Julian L. Sweet and Steven D. Silin were recognized for their accomplishments on plaintiff’s personal injury medical malpractice matters.
William D. Robitzek has established a formidable reputation as a trial lawyer throughout Maine. His practice includes significant personal injury, professional malpractice, complex litigation and reflects some of the largest verdicts in the state. He is listed in Best Lawyers in America for Bet-the-Company Litigation, Business Litigation and Personal Injury and is AV® Rated by Martindale-Hubbell. He is a frequent CLE speaker on litigation-related topics. Mr. Robitzek is an Adjunct Professor at University of Maine School of Law, where he teaches trial practice courses.
Julian L. Sweet specializes in complex medical malpractice cases. In 2001, he obtained the largest verdict in Maine history for a medical malpractice plaintiff of $9 million. More recently, he obtained a $7.9 million verdict in a malpractice case involving a birth injury. Mr. Sweet is listed in Best Lawyers in America for Personal Injury and Medical Malpractice litigation. He has been a Fellow of the American College of Trial Lawyers since 2004 and is AV® Rated by Martindale-Hubbell.
Steven D. Silin specializes in claims involving serious personal injury, medical malpractice and products liability. He has successfully resolved hundreds of cases and obtained some of the largest jury verdicts in Maine. He was selected as "Maine's Personal Injury Litigator of the Year" for 2009 by Best Lawyers in America. He was appointed chairperson of the Maine Supreme Judicial Court’s Advisory Committee on Rules of Civil Procedure from 2005 through 2008. Steven has been a Fellow of the American College of Trial Lawyers since 2002. He is a Past President of the Maine Trial Lawyers Association and is AV® Rated by Martindale-Hubbell.
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PRESS RELEASE - 11/25/2009 BERMAN & SIMMONS WINS VERDICT FOR ELDERLY WOMAN
BATH, MAINE- On November 19, 2009, Julian L. Sweet of Berman & Simmons won a verdict of $60,000 for an elderly woman, June Hallowell, who fell while attempting to cross on an icy walkway maintained by Keybank in Bath. Keybank argued that it was not responsible for Ms. Hallowell’s fall. However, a Sagadahoc County jury found in Ms. Hallowell’s favor and awarded her $60,000 for her medical bills and pain and suffering. The icy conditions of the walkway caused Ms. Hallowell to fall and fracture her left wrist, resulting in a bone protruding through her skin.
This incident was the subject of a news article in the Times Record in January 2006 after a one-year-old sheltie discovered Ms. Hallowell laying on the ground, bloody, and unable to move.
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Berman & Simmons is pleased to announce that Alicia F. Curtis has joined the firm. Alicia graduated from the University of Maine School of Law, summa cum laude, where she served as Articles Editor for the Maine Law Review and received the Faculty Significant Achievement Award. Prior to law school, Alicia obtained her Masters in Social Work and worked in that field for ten years. After graduating from law school, Alicia entered private practice concentrating on matters involving medical malpractice and health law. In 2007, she received the Vincent L. McCusick Award for the best article published in the Maine Bar Journal in 2006. At Berman & Simmons, her practice will focus on personal injury, products liability, and nursing home litigation.
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Berman & Simmons earned top ranking in the area of General Commercial Litigation and five attorneys were individually recognized by Chambers & Partners USA, a leading guide to America’s law firms and attorneys.
According to Chambers, Berman & Simmons "houses many high-quality attorneys who are well known throughout the Northeast." Jack Simmons, ranked as a Senior Statesman, was described as "clearly among the state’s very best trial lawyers regularly securing large payouts for his clients." William Robitzek, ranked in band 1, achieved status as "one of the great litigators of the state." Steven Silin, ranked in band 1, was commended for being "extremely well versed-in fact, probably one of the most knowledgeable in civil litigation." Julian Sweet, ranked in band 1, "won the largest verdict in Maine history for a medical malpractice plaintiff." Jodi Nofsinger, ranked in band 2, "background in biology has proven useful as she has used her specialist knowledge of heart disease, cellular biology and genetics in various matters."
Jack Simmons recently celebrated his seventieth birthday at a dinner party with the other lawyers of Berman & Simmons, all widely regarded as perhaps
the best group of plaintiff’s civil trial lawyers under one roof in Maine. If there is a significant case involving personal injury, product liability, nursing home or medical malpractice in Maine, chances are Berman & Simmons is involved. The firm has developed a reputation for lawyers who get superior results, based on aggressive and ingenious advocacy and, perhaps above all, a fearless willingness to take cases to trial—and win. Click here for more.
James (Jim) O’Connell recently obtained Orders of Attachment and Trustee Process in two separate cases for clients who were severely burned in fires, one of whom died as a result of his injuries. The Orders were used to successfully attach at least eight parcels of real estate and secure funds in a combined amount of $750,000 held by Trustees both in and outside of
Berman & Simmons received a “highly recommended” rating by Benchmark, the Definitive Guide to America’s Leading Litigation Firms & Attorneys as one of the best plaintiffs’ firm in the state in its 2009 edition. Also recognized by Benchmark as “Local Litigation Stars” were attorneys William Robitzek, Julian Sweet and Steven Silin. "Future Star" status was given to James O’Connell, III.
William (Bill) Robitzek will be teaching a course at the law school this Summer in "Problems in Cross Examination." Bill was an adjunct professor at the law school in 2008 teaching a course in "Advance Problems in Pretrial Civil Litigation."
Steven D. Silin and William D. Robitzek were co-editors with Justice Donald G. Alexander and Laurie A. Gibson, Esq. for the MSBA Practice Series, "The Maine Rules of Civil Procedure with Advisory Committee Notes and Practice Commentary." This is the first comprehensive publication of the rules with all historical commentary and advisory notes in decades.
Steven D. Silin has been named "Maine's Personal Injury Litigator of the Year" for 2009 by Best Lawyers in America. This first of its kind award, based on extensive peer-review surveys, recognizes Steve for his "exceptional abilities, professionalism and integrity."
Jodi L. Nofsinger has been appointed by the Maine Supreme Judicial Court as a member of its Advisory Committee on the Rules of Civil Procedure.
We congratulate Steven D. Silin for his successful tenure as Chair of the Maine Supreme Judicial Court's Advisory Committee on the Rules of Civil Procedure. Steve was first appointed by the Court to the Committee in 1999 and has served as its Chair since 2005. Steve's term ended on December 31.
Julian L. Sweet has been recognized as one of the "Top 100 Lawyers" by New England Super Lawyers & Rising Stars for 2008. Jay is only one of four Maine attorneys listed which consists of the top five percent of the total lawyers in New England.
Jodi L. Nofsinger was recently selected for inclusion in the 2009 edition of The Best Lawyers in America in the specialty of Medical Malpractice Law.
William D. Robitzek presented a seminar on "Depositions" at Bridging The Gap on November 7 in Freeport.
Motorcycle accident verdict: Jodi Nofsinger and Susan Faunce tried and won a case for a motorcycle driver who was injured when the defendant failed to yield the right of way and pulled out in front of him. Our client suffered fractures to two fingers, which healed, banged his knee and shoulder, and suffered a sprain/strain of his neck that has continued to bother him to the present day. Progressive offered him $25,000 prior to trial. After a two day trial, the jury returned a verdict of $47,100.
John Sedgewick made a presentation called, "Subrogation Success: Thinking Like a Plaintiff's Lawyer" at Sugarloaf USA on September 22 at the 16th annual conference for Maine's worker's compensation community, encouraging worker's compensation carriers and employers to think creatively and constructively about third party cases, and to work with injured employees and their attorneys to get the best possible outcome out of every case. There are significant tort cases in the fields of auto collision, product liability and medical malpractice that arise in the workplace. Handled properly, those cases can benefit the comp insurer/employer as well as the injured worker.
Jodi L. Nofsinger spoke at the Maine Trial Lawyers Association in July in Presque Isle and August in Eastport addressing the concerns of “Liens” in personal injury cases. Daniel G. Kagan also addressed the Eastport group regarding “Ethics”.
Michael (Mike) Bigos recently co-presented a joint (Maine Trial Lawyers Assoc. and Maine State Bar Assoc.) CLE teleseminar series on post-trial rules of civil procedure, teaching attorneys how to recapture litigation costs, collect pre and post-judgment interest, and seek post-judgment remedies.
Slip and Fall Verdict – Julian (Jay) Sweet and Susan Faunce successfully tried a case in Cumberland Superior Court. Plaintiff fell on ice in the parking lot of a Hannaford store and suffered a comminuted patella fracture. Defendant refused to accept liability and did not provide any settlement offers prior to trial. After a two day trial, the jury came back with a verdict in favor of the plaintiff for $85,000.
Rear-Ended Car Accident Verdict – Jodi L. Nofsinger recently tried and won a car accident case in Kennebec Superior Court. Our client was rear-ended while stopped at a rotary in Augusta. There was minimal damage to his rear bumper. He was seen by his internist on six occasions and treated for neck pain, back pain and headaches. Total medical bills were $1,300. Offer from Allstate Insurance prior to trial was $5,000. Verdict came in at $21,300.
Berman Simmons was recognized by Chambers USA, the foremost publisher of law firm ratings, as "the best plaintiff's firm in the state." Special recognition was given to Jack Simmons, William (Bill) Robitzek, Julian (Jay) Sweet, Steve Silin and Jodi Nofsinger.
The 2008-2009 edition of The Best Lawyers in America included Jack Simmons under the headings of Personal Injury, Business Litigation, Medical Malpractice and Criminal Defense; John Sedgewick for Products Liability; William (Bill) Robitzek for Business Litigation and Personal Injury; Julian (Jay) Sweet for Personal Injury and Medical Malpractice; Steve Silin for Personal Injury and Medical Malpractice; and Paul Macri for Appellate Litigation.
Jay Sweet and Craig Bramley, recently obtained a jury verdict of $7,960,605 in the Androscoggin Superior Court for a mother and child for medical care, lost earnings and loss of employment of life against Central Maine Medical Center and a certified nurse midwife. The child suffered hypoxic ischemic encephalopathy as a result of the mismanagement of the last two hours of the mother's labor.
Ben Gideon enhanced his reputation as a leading civil rights lawyer by winning a high profile and hard fought case. Ben's client, who was shot with a Taser gun by a South Portland police officer, won an $111,000 jury verdict in U.S. District Court in Portland. The Court also awarded the plaintiff attorney fees and costs.
Four Berman & Simmons' lawyers Jack Simmons, William Robitzek, Julian Sweet and Steven Silin were selected for inclusion in the recent edition of New England Super Lawyers magazine. Super Lawyers is an annual listing of "outstanding lawyers who have attained a high degree of peer recognition and professional achievement".
William (Bill) Robitzek and Benjamin (Ben) Gideon were invited back to Maine Law School this past year as adjunct faculty. Mr. Robitzek taught a course on trial strategy in complex litigation, and Mr. Gideon taught a course on taking and defending depositions.
Daniel G. Kagan was named President-elect of the Maine Trial Lawyers Association at its annual meeting held April 4th at the Harraseeket Inn in Freeport. He will serve as MTLA's president for the 2009-2010 term. Dan has been an MTLA governor since 1996 and also serves as Governor for the American Association for Justice.
Paul Macri has become a member of the American Academy of Appellate Lawyers. Membership in this group is by invitation only, and limited to those who have been in appellate practice for at least 15 years and who have earned a reputation for the highest integrity and excellence in appellate work. Being invited into this group is an honor, and well deserved by Paul, who has long done great work on behalf of Maine's injured people.
Tyler Kolle and Paul Macri won a major case in the field of Securities Law and Mandatory Arbitration. The case clearly establishes that the draconian prior law, in which arbitration was forced upon brokerage customers through a myriad of "forms" and "applications," is no longer a barrier to jury trials for claimants who lose their money to careless or dishonest brokers.
John Sedgewick has written a series of articles on products liability for the Maine Lawyers Review. Seat belts, automobile crash worthiness, preparing expert witnesses and the general rules of safe product design are among the topics covered to date.
James (Jim) O'Connell, our newest lawyer, recently won his first Maine Jury trial in Cumberland Superior Court. He won a judgment of twice the pre-trial offer in a left-turn automobile accident case involving emotional distress damages.
Michael Bigos recently tried and won an uninsured motorist case in Androscoggin Superior Court against North East Insurance involving soft-tissue spinal injuries. Mike Bigos was also recently invited to serve on the Board of Governors of the MTLA. He joins Steve Silin (past president), Dan Kagan, and Jodi Nofsinger on the board.
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