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Nov 12, 2001 CHARGES FLY OVER
AILING ZIFF DAVIS "This is an absolute malicious lie," said
Mr. Dunning's attorney Blair Fensterstock, when asked to comment
on such charges. "I have evidence to prove that right now,
and we will." "I just think it's outrageous that a
vulture capitalist like Avy Stein would breach representation
to an honorable and successful executive like Jim Dunning, when
Jim has made Avy probably a billion dollars," said Mr.
Fensterstock. While no court dates are currently scheduled, Mr.
Fensterstock said that "we may get some interesting decisions
by the end of the year." Jon Fine, Charges Fly Over
Ailing Ziff Davis, AVERTISING AGE, Nov. 12, 2001.
Nov 7, 2001 DUNNING
US WRONG. SUIT: ZIFF BOSS HIRED HIS
GIRLFRIEND, SPENT LAVISHLY. Blair
Fensterstock, the attorney representing
Dunning in his $300 million breach
of contract and defamation suit, blasted
back against the Willis Stein claims. "Their
allegations are treacherous and insidious
misrepresentations in their continuing
campaign of defamation against Mr.
Dunning," he said. Keith J. Kelly, Dunning
Us Wrong. Suit: Ziff Boss Hired His
Girlfriend, Spent Lavishly, N.Y.
POST, Nov. 7, 2001.
Nov 6, 2001 OUSTED
CEO IN COURT WAR WITH FORMER BACKERS. "Jim
Dunning is going to win a lot of money
-- he's been badly wronged," said
Dunning's attorney, Blair Fensterstock.
Oct 10, 2001 LAWSUIT
FREEZE PROMISES SPEEDY RELIEF "I
can't put a number on this one, it's
too large. I can't even imagine what
it might be," said Blair C. Fensterstock
of New York, one of 20 attorneys for
the World Trade Center Bombing Litigation
Steering Committee representing victims
of the 1993 truck bombing of the center,
which still is an open case. "I
think the moratorium was a valiant
and noble effort to allow victims time
to digest the horrific ramifications
of this attack, and to suggest to lawyers
that they sit back, bide some time,
and allow that process to occur," Mr.
Fensterstock said. "We did finally
get the documents that would prove
liability by the Port Authority of
New York and New Jersey," Mr.
Fensterstock said, explaining the theory
that the building was a magnet for
terrorists. "[They] proved conclusively
the World Trade Center was the building
most likely to be bombed in the United
States." Those 75 documents were
stripped of what New York's highest
court called "security-sensitive" data
on threats other than the truck bomb,
but Mr. Fensterstock said the Port
Authority clearly considered the risk
that an airliner could crash there,
even if not necessarily in a deliberate
act of terror, and had been on notice
of the buildings' attraction for terrorists
from arguments in the 1993 case. "For
one thing, it is absolutely clear that
when the Port Authority designed the
World Trade Center it boasted that
it could withstand a crash of a 707," he
said. Frank J. Murray, Lawsuit
Freeze Promises Speedy Relief, WASH.
TIMES, Oct. 10, 2001.
Oct 8, 2001 '93
LAWSUITS UNSETTLED. TRADE CENTER CAR
BOMB VICTIMS STILL WAITING. "Their
own experts had predicted that of all
of the buildings in the United States
likely to be bombed by a terrorist,
the World Trade Center was the most
likely," said Blair Fensterstock,
lead lawyer for the plaintiffs. Helen
Peterson, '93 Lawsuit Unsettled. Trade
Center Car Bomb Victims Still Waiting, DAILY
NEWS, Oct. 8, 2001.
Oct 8, 2001 SUITS
PENDING FROM '93 TRADE CENTER BLAST "The
position we always put forth was that
the World Trade Center was the target
for terrorists," said Blair Fensterstock,
of New York's Fensterstock & Partners,
who chairs the plaintiffs' steering
committee in the 1993 bombing cases.
The Port Authority "downplayed
that." Bob Van Voris, Suits Pending
from '93 Trade Center Blast, NAT'L.
L.J., Oct. 8, 2001.
Oct 4, 2001 DILEMMA
FOR FAMILIES: QUICK CLAIM OR COURT? Blair Fensterstock, the lead attorney in the 1993
World Trade Center bombing suit, said his "guess is that
by going through the court, you're going to get many multiples
of what you would if you were going through the fund." Any
negligence verdict that has come down in the past, he said, is
going to pale in comparison. However, Broder and Fensterstock
argue that the time and effort involved with a lawsuit may prompt
a larger payoff over the long run. Fensterstock, who is still
awaiting a trial date for the 1993 bombing, said the decision
will be highly personal. "If it is important for you to
get this behind you and get paid quickly but not as much, sue
the claim fund," he said. "If it is important for you
to ... discuss the problems thoroughly and to obtain proper compensation,
then litigation is the proper route." The two sides also
disagree on whether high civil verdicts will be paid in full,
with Boyle saying there is a limited pot to draw from and Fensterstock
saying challenges will go well beyond the airlines, making the
payout potential "huge, almost bottomless." Karen
Freifeld, Dilemma for Families: Quick Claim or Court?, NEWSDAY,
Oct. 4, 2001.
Sep 30, 2001 LITIGATION THREATENS
TO ENTANGLE RECOVERY. Eight years after that bombing, the case has yet
to be heard. Blair Fensterstock, the lead attorney for the plaintiffs,
says the delay is the fault of the Port Authority. The agency
resisted turning over a series of internal reports that showed
its officials not only anticipated a terrorist attack, but also
predicted it would be carried out with a bomb in a parking lot. "I
would hope that the judicial system would permit us to move much
quicker in this situation," Fensterstock says. "Discovery
can move a lot faster than the first time." The Port Authority
is a likely target for suit in the latest attack, Fensterstock
says -- particularly because an announcement made in the south
tower after the first plane hit told workers it was safe to return
to their offices. Moments later, a jet hit that building, which
subsequently collapsed. "Those people should be compensated,
clearly, as a result of that announcement," the lawyer says. "They
could have gotten out and didn't." Kate Shatazkin, Litigation
Threatens to Entangle Recovery, BALT. SUN, Sept. 30, 2001.
Sep 19, 2001 LAWSUITS FROM ATTACKS LIKELY TO BE
IN THE BILLIONS. "Right now is not the time to initiate
litigation," said Manhattan attorney Blair Fensterstock. "It's
more important to rebuild the country. On the other hand there
have been lives that have been disrupted and lost and families
that will be left destitute as a result of this tragedy." The
amount of litigation should be enormous -- "thousands and
thousands of lawsuits involving billions and billions," of
dollars said Fensterstock. It may be years before these cases
are tried. Fensterstock knows. He is the lead plaintiff attorney
in a lawsuit brought by more than 400 individuals against the
Port Authority for the 1993 WTC bombing. Eight years later that
case is still pending in Manhattan Supreme Court. Robert Gearty,
Lawsuits From Attacks Likely To Be in the Billions, DAILY NEWS,
Sept. 19, 2001.
Sep 17, 2001 WHO PAYS THE DAMAGES FOR SEPT. 11? The
first World Trade Center bombing killed six people, yet resulted
in 500 lawsuits by 700 individuals, businesses, and insurance
companies, asking for $500 million in damages, says Blair Fensterstock,
lead attorney in the case. Eight years later, the case is still
not finished. In the WTC case, Fensterstock says, attorneys limited
their fees to 6 percent, instead of the 33 percent that is the
norm. Or, as in the case of medical malpractice, legislators
may enact laws limiting attorney fees. Blair Fensterstock, the
lead plaintiffs' lawyer, says the parties rae waiting for a trial
date, which is unlikely this year. "I would think there
would have to be a special tribunal set up for this," Fensterstock
says. "This is not something that the judiciary should allow
to clog up the courts." Seth Stern, Who Pays Damages for
Sept. 11?, CHRISTIAN SCI. MONITOR, Sept. 17, 2001.
Sep 14, 2001 LAWSUITS LINGER
YEARS AFTER FIRST WORLD TRADE CENTER ATTACK. The litigation, consolidated
before New York County State Supreme Court Justice Stanley Sklar,
includes more than 400 personal injury and business interruption
claims, according to Blair Fensterstock, lead attorney for the
companies and individuals bringing the suits. "The initial
World Trade Center case is continuing," Fensterstock said. "The
plaintiff steering committee has completed discovery on liability.
We are getting ready for trial." Fensterstock finally won
access to some of the documents last year, among them parts of
a 1986 study of World Trade Center security that suggested an
attack by a vehicle loaded with explosives was the most likely
threat. The study also recommended eliminating public parking
at the center. Claude Solnik, Lawsuits Linger Years After First
World Trade Center Attack, FIN. & COM., Sept. 14, 2001.
Sep 6, 2001 JIM DUNNING SUES
ZIFF DAVIS HOLDINGS Jim
Dunning, ex-Chairman of Ziff Davis Holdings sues Ziff Davis Holdings
for in excess of $50 million. Fensterstock & Partners LLP
represents the plaintiff.
Feb 6, 2001 PERSONAL PATH SYSTEMS, INC. SUES PRICEWATERHOUSE
COOPERS Personal Path Systems, Inc., privacy softare company,
sues Pricewaterhouse Coopers for conversion of proprietary privacy
solution model. Fensterstock & Partners LLP represents the
plaintiff.
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