Small Claims Success Means Big Win for Deceased Veteran’s Family
In an unprecedented practice, attorney Keith Moskowitz, a partner with Sonnenschein Nath & Rosenthal LLP, took a case referred to him by the Veterans Legal Support Center & Clinic (VLSC) at The John Marshall Law School, and successfully represented the family of deceased soldier Albert Bitton in a small claims case.
“At the time the Illinois Department of Veterans Affairs referred the Bittons to the VLSC, we were focused exclusively on assisting veterans in obtaining the benefits to which they are entitled,” said Assistant Professor Joseph Butler, co-executive director of the VLSC.
“ However, the Bittons’ case was so compelling, and their grief over their son so all-consuming, that it was impossible to tell them that we couldn’t help,” he added, explaining why the VLSC sought help from Moskowitz.
Moskowitz is a member of the VLSC’s pro bono network. He recruited the help of three first-year associates at the firm to work on the case.
“I asked them if they wanted the experience,” Moskowitz said. “Not only because this case was unique, but also because I knew there would be a trial and younger lawyers don’t get that much experience trying cases.”
“We were up against formidable opposition,” he added. “I knew this would be a complicated case.”
The case began after the defendants sold Albert Bitton a car for which his parent’s paid. The car, though the woman who’d sold it to him said it was in good condition, broke down before Albert had driven it 100 miles. Albert had filed a pro se complaint before his death in Iraq in 2008. His parents decided to continue the claim on their son’s behalf.
An investigation into the car’s sale revealed that the woman had sold the car on behalf of an unauthorized used car dealership that would buy cars cheap at auction and have individuals pose as private owners to sell them.
The non-appealable judgment of $3,000 plus attorneys’ fees, in favor of the Bitton’s, means a lot to the soldier’s father, Elie. He expressed his gratitude to the VLSC at John Marshall, saying “…they found me the right lawyer, and I’m so happy with the decision.”
Moskowitz is certain any winnings and attorneys fees that are successfully collected will be donated to charity.
“I hear people saying they support our troops,” he said. “But, the actual support for the troops doesn’t match the number of people who say they will do something. That’s why I got involved,” he added.
Butler is pleased with the results of the case.
“To me, it appeared that the Bittons were pursuing this car case because it was one of the few ways they could avenge a wrong done to their son,” he said.
“Keith and his team have done a fantastic job, not only in litigating the case, but in helping the Bittons heal.”
Assistant Professor Joseph Butler, co-executive director of the Veterans Legal Support Center & Clinic at John Marshall (left), visits with Elie Bitton, father of deceased veteran Albert Bitton, at a Feb. 15, 2009, street dedication ceremony in Albert’s honor.
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Program Focused on Carnegie Report
Erwin Chemerinsky, dean of the University of California, Irvine School of Law, was the luncheon speaker discussing “The Carnegie Report: A Decanal Perspective” during the day-long program, “Yes We CArNegie: Change in Legal Education after the Carnegie Report,” presented July 29, 2009, at the law school. In addition, John Marshall Professors Celeste Hammond and Steven Schwinn were panelists for the practical skills session. John Marshall Law School Professors Maureen Straub Kordesh and Maureen Collins coordinated the event.
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China Experiences Offer Perspectives on Law, Culture for Summer Intern
While most students took a summer break, third-year student Eric Gorman took a path that led him east—to China.
Gorman, a member of the Review of Intellectual Property Law and president of John Marshall’s Intellectual Property (IP) Law Society, was selected to intern at East IP Intellectual Property Services in Beijing, through a partnership developed by Dorothy Li, co-executive director of the Asian Alliance Program. The firm is directed by Dr. Gao Lulin, former director of China’s State Intellectual Property Office.
“Being able to learn about a different legal system and how it functions in a foreign country was very rewarding, and was something I could never be taught in a classroom or learn from a textbook,” Gorman said. “By working at a Chinese IP law firm, I was able to gain practical knowledge about how a foreign legal system operates with regard to intellectual property law. I was taught about all facets of the IP legal system in the People’s Republic of China through court visits, institutional teachings and simple Q&A sessions.”
Gorman got first-hand experiences at drafting patent application claims under the guidance of East IP attorneys and agents. He, in turn, helped Chinese patent agents and attorneys better understand U.S. law, and Gorman found that he was able to “compare and contrast what I personally learned about the People’s Republic of China legal system with my own personal knowledge of intellectual property law in the United States.”
Besides working in a Beijing law firm, Gorman was able to explore the city and all of its history.
“Going to various sites and learning about the history of Beijing and China as a whole, helped me to better appreciate how something, such as intellectual property law, develops and comes about,” he explained.
Gorman also served as an assistant to John Marshall Professors Cliff Scott-Rudnick and Diane Kaplan in educating patent agents and attorneys about the basic U.S. legal system and how to argue, write, and think like an American lawyer.
“Sitting in a classroom setting full of Chinese citizens reiterated a student’s thirst for knowledge and information,” he said. “Overall, my time in Beijing was an incredibly valuable and worthwhile experience that I would have never envisioned when it came to my legal education at John Marshall. “
Eric Gorman (right) interned at East IP Intellectual Property Services in Beijing, China, this summer at the invitation of Dr. Gao Lulin (left).
Third-year student Eric Gorman enjoyed visiting a special place in Beijing this summer.
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Faculty Activity and Publications
Activities
He moderated an American Bar Association (ABA) CLE teleconference focusing on mortgage modification in bankruptcy based on a recent article, The Bankruptcy Bailout” in the ABA Journal. More than 100 people across the country joined the teleconference.
Publications
He wrote a solicited article, “Cayman Hedge Fund Liquidators Not Welcome in U.S.?” for the Cayman Financial Review. The article focuses on the implications for offshore finance havens (like the Caymans) of the recent New York Bankruptcy Court decisions in the Bear Stearns and Basis Yield international bankruptcy cases.
He wrote a chapter on “Bankruptcy Law in the West” for the forthcoming book Western Research in the Humanities and Society Sciences: Jurisprudence. The book will be translated into Chinese and used by Chinese graduate students and researchers.
Activities
He will serve as editor of the 2010 Cumulate Supplement to Illinois Criminal Procedure.
Publications
He serves as a contributing author and editor of each of the four editions of Illinois Criminal Procedure. He authored the chapter focusing on arrests, searches and seizures.
Publications
He published the 2009 Cumulative Supplement to his two volume treatise, Illinois Criminal Procedure, 4th edition (Lexis). The treatise was first published by Butterworth Legal Publishers in 1987.
Publications
He published “A Road Map for Challenging Voter Restriction Laws after Crawford” in the May/June 2009 Clearinghouse Review Journal of Poverty Law and Policy.
His piece “Developmental Learning Theory and the American Law School Curriculum” appeared in a special issue of the John Marshall Law Review (Atlanta).
Publications
The second edition of his book, Illinois Legal Research, has been published by Carolina Academic Press. Copies of it will be available in The John Marshall Law School Law Library and at the Beck’s Bookstore at The John Marshall Law School.
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Law School and Student Calendar of Events
August 31, 2009
September 1, 2009
- Master Class in Patent Law & Practice in China, Room 1103, 9 a.m.
- Corporate Law Society, Room 216, 12 p.m.
- SBA Used Book Sale, Room 201, 2 p.m.
- United States Army Court of Criminal Appeals, Baim Courtroom, 2 p.m.
- CSO: Department of Justice Presentation, Room 409, 5 p.m.
September 2, 2009
September 3, 2009
September 4, 2009
September 5, 2009
- SBA Used Book Sale, Room 201, 10 a.m.
September 7, 2009
- Labor Day: No Classes, Building Closed
September 8, 2009
- AIDS Foundation Program, Room 1200, 9 a.m.
- Student Affairs Committee Meeting, Room 608, 12 p.m.
September 9, 2009
September 10, 2009
- Faculty Scholarship in Progress, Room 3 East, 12 p.m.
September 11, 2009
- National Fair Housing Conference; Rooms 1200, 1202, & 3 East; 8 a.m.
- Board of Trustees Exec. Committee Meeting, Room 608, 10:30 a.m.
- Board of Trustees Meeting, Courtroom, 12 p.m.
- Threat Assessment Presentation, Room 200, 12 p.m.
September 12, 2009
September 13, 2009
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