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CASE HIGHLIGHTS

Civil Rights, Personal Injury, and Wrongful Death | Community Advocacy | Complex Business Litigation | Environmental Law Intellectual Property, Internet, and Technology Law | Real Estate, Construction, and Toxic Mold | School Safety and Youth Safety

Civil Rights, Personal Injury, and Wrongful Death

  • Denver, Colorado: Bode and Grenier represented Columbine High School teacher David Sanders in a federal civil rights action against police authorities and individuals. Our complaint, filed in federal court in Colorado, alleged deprivation of constitutional rights under a variety of federal claims based on affirmative police action preventing, for several hours after shooters had died, emergency assistance, rescue or medical aid of an individual in a readily-accessible location known to be critically wounded. The case was featured on the television program 60 Minutes II, on CBS, April 17, 2001. Bode and Grenier obtained a $1.5 million settlement on behalf of Dave Sanders’ family. Sanders v. The Board of County Commissioners of the County of Jefferson, Colorado, et al.

  • Loudoun County, Virginia: In a case that seized national attention for its implications regarding employer liability, we obtained a $2 Million verdict on behalf of the surviving family of 15 year-old Naeun Yoon. Ms. Yoon was killed while walking on the shoulder of a road by an attorney who was driving erratically while conducting business on her handheld cellular telephone. We filed suit against both the attorney and her employer (based upon vicarious liability and direct negligence). As a result of this case, employers around the country have implemented strict policies forbidding the use by employees of handheld cellular phones while driving. Articles about this case have already appeared in The Wall Street Journal, The Washington Post, National Law Journal, and Business Insurance Magazine, as well as on several television programs. Yoon v. Wagner et al.

  • District of Columbia: Bode and Grenier obtained a $98 million jury verdict in a federal civil rights, local wrongful death/survival action in D.C. federal court (pending; post-appeal), arising from murder of a citizen assisting police defendants in undercover operation. The firm is presently engaged in challenging the reduction of the jury's compensatory award for decedent's claims. An appellate court ruled that the "state created danger" theory upon which portions of the jury verdict were based was valid in District of Columbia, but only for future cases. Butera v. District of Columbia, et al.

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Community Advocacy for District of Columbia and Maryland Residents

  • Washington , D.C. :  For several years, two neighborhood associations and dozens of residents near the 1300 block of Constitution Avenue, N.E. fought a legal and economic battle with Trant Liquors. Capitol Hill Restoration Society ("CHRS"), North Lincoln Park Neighborhood Association ("NLPNA"), and the neighbors claimed that Trant destroyed the peace, order and quiet of their neighborhood by, among other things, selling fortified alcohol to visibly intoxicated patrons, by providing drug paraphernalia to customers, and by allowing its parking lot and immediate surrounds to be used for drug dealing and other illegal activities. Despite such allegations and proof, the Alcoholic Beverage Control Board for the District of Columbia renewed Trant's license. Thereafter, Mr. Fierberg of our office was engaged to represent the citizens in appeals to the District of Columbia Court of Appeals. Two appeals to the Court of Appeals were successful. Trant lost its license, closed, and the property was converted to housing. Capitol Hill Restoration Society ("CHRS") and North Lincoln Park Neighborhood Association ("NLPNA").

  • Washington , D.C. :  Mr. Fierberg represented the Logan Park Association in its effort to cause revocation of a license held by F&W Market to sell beer and wine. The Association claimed that the establishment destroyed its peace, order and quiet by harboring drug traffickers within the establishment. Undercover police officers testified to numerous drug purchases inside the establishment in front of the store's owners. After several days of hearings, the District of Columbia Alcoholic Beverage Control Board revoked F&W Market's license. Logan Circle Citizens' Association.

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Complex Business Litigation

  • New York, New York: Bode and Grenier obtained a Federal Court ruling that client’s lawsuit for breach of derivative petroleum contracts was not subject to dismissal on defendants’ contention that contract was an illegal "futures" contract under the Commodities Futures Act. Multi-million dollar settlement ensued. Knight Enterprises, et al. v. Metallgesellschaft A.G., et al.

  • Washington , D.C. : The Firm represented defendant NACA, a nationwide non-profit housing services and community advocacy organization involved in assisting low and moderate income families with access to credit.  Suit was filed against NACA on several legal theories in a verified complaint containing some 217 paragraphs of allegations.  Bode & Grenier’s motion to dismiss the complaint filed on NACA's behalf was granted before the initial scheduling conference for the case.  Plaintiff's subsequent motions to reconsider the order of dismissal in favor of NACA were denied. Brown v. Neighborhood Assistance Corporation of America ("NACA") et al.

  • California : Bode and Grenier obtained a ruling affirming parties’ rights under buy-out contract, thereby restoring terms of multi-million dollar deal. The Firm represented biotech company founders when a pharmaceutical company buyer repudiated the buy-out agreement within weeks of consummation of an intellectual property transfer. Thompson v. Houghton Pharmaceutical, et al.

Environmental Law

  • Kentucky : Bode and Grenier obtained a Federal Court ruling that state law renders the polluter and seller of land liable for environmental damage under common law trespass and negligence theories and under CERCLA. The Firm represented a buyer of commercial property found to be contaminated by an automobile manufacturer. Anheuser-Busch Companies, Inc. v. Ford Motor Company, Inc.

Intellectual Propery, Internet, and Technology Law
  • District of Columbia : Bode and Grenier obtained a Federal Court Ruling that the $30 portion of the Internet Domain Name Registration Fee assessed for the "Intellectual Infrastructure Fund" was an unconstitutional tax. The National Science Foundation ended the fee after the ruling; Internet Domain Name registrants have saved over $160 million to date. Thomas, et. al. v. National Science Foundation and Network Solutions, Inc.

  • Virginia : Litigation by the Firm resulted in a Federal Court ruling that defendant's use of Client's trademark in Internet Domain Name was infringement under the Lanham Act. Specifically, the Court held that defendant's use of the "washingtonspeakers.com" Internet Domain name infringed the Washington Speakers Bureau, Inc. trademark. Washington Speakers Bureau v. Leading Authorities, Inc.

Real Estate, Construction, and Toxic Mold

  • Bode and Grenier has collected millions of dollars on behalf of numerous individuals suffering from toxic mold exposure due to faulty new home construction.

  • Bode and Grenier has collected millions of dollars on behalf of numerous homeowners whose homes were clad with synthetic stucco.

School Safety and Youth Safety

  • District of Columbia :  Bode and Grenier represented the family of a 12 year-old boy who was sexually assaulted at an overnight Summer camp owned and operated by the District of Columbia .  Suit was filed in the United States District Court for the District of Columbia against the District and others alleging civil rights violations (42 U.S.C. sec. 1983) and other common law claims.  Extensive discovery established that numerous children at this camp were left unsupervised for extended periods of time, and that other campers had been sexually assaulted.  The facts and circumstances of this case were the subject of a lead article in The Legal Times.  The family accepted a substantial financial settlement.  Suit on behalf of another young victim (Ronnie "M") is pending in the U.S. District Court. Kara "M," individually, and on behalf of her minor son, "Nico" v. District of Columbia et al.

  • Montgomery County, Maryland:  Bode and Grenier represented Joe Snell against the Omega Psi Phi fraternity in a case alleging that the defendant violently hazed him by, among other things, beating him, whipping him, and holding a heat lamp to his face to darken his skin because he was not deemed "black enough" to gain admission to the fraternity.  After several days of trial, the jury entered a verdict of $375,000, compensating Mr. Snell for his injuries and awarding punitive damages against the fraternity. Snell v. Omega Psi Phi Fraternity, Inc.

  • Tennessee :  Joseph T. Green, Jr. ("Jo Jo"), died following an evening of initiation by the Rho Psi Chapter of Omega Psi Phi Fraternity at Tennessee State University . The Firm represented Mr. Green’s family in a suit against the fraternity. Jo Jo was a minister to youth in his community, and an honorably discharged Navy veteran who had been awarded the National Medal of Honor. Mr. Green’s surviving parents obtained a substantial confidential financial settlement. Lentora Parker and Joseph T. Green, Sr. v. Omega Psi Phi Fraternity et al.

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