Myers, Brier, & Kelly - Attorneys at Law

MBK’s Dan Brier Participates in Seminar on ‘Trafficking in Human Beings’

mbklaw — Tue, 15 May 2012 01:19:26 +0000

By invitation from the United States Embassy in Cyprus, Dan Brier participated in a three day training and education seminar on “Trafficking in Human Beings.” The training seminar was presented to the Attorney General’s Office for the Republic of Cyprus and to prosecutors in the Turkish Cypriot Community. The multidisciplinary team was lead was Judge Virginia M. Kendall of the United States District Court for the Northern District of Illinois. Judge Kendall recently co-authored a book titled Child Exploitation and Trafficking which is a detailed treatise on the major global crime wave involving the sexual abuse of children. Ms. Florence Reed Burke, a clinical psychologist, who participates in the United Nations’ Human Trafficking Global Training Initiative was a member of the training team with Mr. Brier. Mr. Brier focused on the unique issues and challenges involved in representing victims of sexual exploitation and trauma. The co-presenters also held roundtable discussions with members of the trial and appellate courts.

CLICK HERE for program information

MBK’s Dan Brier Speaks on NPR About VA’s Treatment of Veterans with PTSD

mbklaw — Wed, 25 Apr 2012 16:44:52 +0000

April 25, 2012

On the National Public Radio program Morning Edition, Larry Abramson reported on a Department of Veterans Affairs investigation uncovering problems with the agency’s handling and reporting of mental health services provided veterans. Of particular concern is veteran access to PTSD treatment services. Dan Brier spoke with Mr. Abramson about MBK’s case against the Department of Veterans Affairs on behalf of Stanlye Laskowski, an Iraq war veteran diagnosed with PTSD but unable to obtain timely treatment from the VA.

Click here to listen to the story and interview (npr.org – Flash Required)
Click here to read the story (npr.org)

MBK Successfully Defends the University of Scranton in Federal Court

mbklaw — Tue, 27 Mar 2012 16:22:26 +0000

On March 26, 2012, Senior Judge A. Richard Caputo dismissed an action filed by a former student against the University of Scranton. The student alleged that the University and one of its Professors improperly expelled her from the University for plagiarism and breached contractual obligations owed to her. The Court held that plaintiff failed to identify any specific promise that the University failed to honor and similarly failed to provide any basis for the procedures she claimed she was entitled to. The Court rejected the argument that a definitional term in the University Handbook created an affirmative duty on the part of the University. Donna A. Walsh led the MBK effort.

MBK WINS JURY TRIAL

mbklaw — Thu, 22 Sep 2011 20:57:08 +0000

On September 22, 2011, MBK obtained a verdict for its client Geisinger System
Services (“Geisinger”) after a week long jury trial in the United States District
Court for the Middle District of Pennsylvania. The case was brought by a former
employee of Geisinger under the Family and Medical Leave Act (“FMLA”). The
jury found in favor of Geisinger on all claims, including the Plaintiff’s claim that
she was denied her rights under the FMLA, subject to retaliation in violation of the
FMLA and that she was constructively discharged. Donna Walsh and Dan Brier
served as co-lead trial counsel throughout the litigation. Following the verdict
Donna said “the Family Medical Leave Act presents many challenges to
employers and the verdict confirms that the employer acted appropriately and that
the jury understood the factual and legal arguments we addressed.”

MBK Successfully Defends Geisinger Health System Foundation

mbklaw — Wed, 31 Aug 2011 00:17:27 +0000

On August 30, 2011 the Court of Common Pleas of Montour County dismissed Geisinger Health System Foundation (the “Foundation”) from a medical malpractice lawsuit. Dan Brier and Nicholas Kravitz represented the Foundation. Plaintiffs asserted claims for corporate negligence pursuant to Thompson v. Nason Hospital and its progeny as well as claims for vicarious liability in an effort to hold the Foundation responsible for the medical care and treatment. After discovery, extensive briefing and oral argument the Court ruled in favor of MBK’s client and dismissed all claims against the Foundation.

Daniel T. Brier named to 2011 Top 100 Pennsylvania Super Lawyers

mbklaw — Thu, 14 Jul 2011 17:46:10 +0000

The law firm of Myers, Brier, and Kelly, LLP is pleased to announce that MBK Law Partner Daniel T. Brier has been named as a Top 100 Lawyer by Pennsylvania Super Lawyers 2011.

Dan has been named a Pennsylvania Super Lawyer seven consecutive years from 2005-2011. Selection as a Super Lawyer is the result of a rigorous attorney-led process designed to recognize lawyers with a high degree of peer recognition and professional competence. Click here for a more detailed description of the Super Lawyers selection process.

The Pennsylvania Super Lawyers list represent no more than the top 5% of Pennsylvania attorneys. Top 100 Super Lawyers are those receiving the very highest scores of this already selective list.

Click here to view the 2011 Top 100 Pennsylvania Super Lawyers.

In the news: MBK Law merges with Lundy & Flynn

mbklaw — Mon, 23 May 2011 05:52:51 +0000

News of Lundy & Flynn’s merger with Myers Brier & Kelly recently appeared Philadelphia Business Journal.

Lundy & Flynn merges with Myers Brier
Philadelphia Business Journal – by Jeff Blumenthal
Date: Friday, May 20, 2011, 4:06pm EDT

Jeff Blumenthal
Reporter
Email: jblumenthal@bizjournals.com

Lundy & Flynn, a three-lawyer firm based in Bala Cynwyd that focuses on nonprofit representations, has merged into Myers Brier & Kelly of Scranton.

Joseph E. Lundy, founder of Lundy & Flynn, said the merger was completed in the winter but the rebranding did not occur until earlier this spring. The combined firm is now trying to market its strength in representing nonprofits as Myers Brier has three lawyers that specialize in that work as well.

The firm’s nonprofit clients include hospitals, colleges and universities, and private foundations from around the country — Lundy told me that just a little more than half of his clientele are local. The firm handles the formation, governance and operation of nonprofit corporations and other charitable organizations; federal, state and local tax and tax compliance matters; charitable giving and fundraising; institutional affiliations; and mergers, acquisitions, restructuring and reorganizations.

The now 14-lawyer firm also has launched a government relations practice with the addition of former Stevens & Lee partner added Patrick Brier, who is the brother of Myers Brier name partner Daniel Brier and will work out of the Bala location.

Other than the nonprofits and government relations firm, Myers Brier focuses on commercial, white-collar and employment litigation.

Lundy said the merger gives Lundy & Flynn more depth and Myers Brier a sought after Philadelphia location.

Lundy practiced at Ballard Spahr for 10 years before moving to New York to become a leader of the PricewaterhouseCoopers’ nonprofit and tax consulting practice and then starting his own law firm in 2004.

Read more: Lundy & Flynn merges with Myers Brier | Philadelphia Business Journal

The original article can be found at (http://www.bizjournals.com/philadelphia/blog/jeff-blumenthal/2011/05/lundy-flynn-merges-with-myers-brier.html)

Senators Levin and McCain Comment on Major General Lavelle’s Restoration of Rank

mbklaw — Mon, 11 Oct 2010 18:45:33 +0000

WASHINGTON – Senate Armed Services Committee Chairman Carl Levin, D-Mich., and Ranking Member John McCain, R-Ariz., today made the following statement regarding President Obama’s request to restore retired Air Force Major General John D. Lavelle to the rank of General:

“The Armed Services Committee has received the president’s request to restore retired Air Force Major General John D. Lavelle to the rank of General, upholding the decision by the Air Force Board for Correction of Military Records. We are sympathetic to the request and plan to act expeditiously on the matter. After their decades-long fight to restore General Lavelle’s honor, his wife Mary Josephine and her family deserve prompt action.”

Click Here for the original press release

Lavelle: Official USAF Oral History Document Now Available

mbklaw — Wed, 01 Sep 2010 04:13:29 +0000

Following his retirement, General John D. Lavelle participated in an official U.S. Air Force Oral History interview. The interview was conducted 17-24 July 1978 by Lt Col John N. Dick, Jr. This document is now available for download (PDF, 726 Pages, ~20MB)

For the complete listing of Lavelle documents and White House recordings, visit: http://www.mbklaw.com/events/lavelle

ADDITIONAL LAVELLE EVIDENCE: 1972 DISMISSAL OF COURT-MARTIAL CHARGES; OPINIONS OF R. JAMES WOOLSEY AND OTIS G. PIKE

mbklaw — Sun, 29 Aug 2010 16:56:08 +0000

ADDITIONAL LAVELLE EVIDENCE: 1972 DISMISSAL OF COURT-MARTIAL CHARGES; OPINIONS OF R. JAMES WOOLSEY AND OTIS G. PIKE

Secretary of the Air Force’s 1972 Dismissal of Court-Martial Charges

In mid-1972, a junior officer and a group of enlisted men separately preferred court-martial charges against General Lavelle. The Air Force Judge Advocate General reviewed the charges and recommended that they be dismissed. That advice was contained in a memorandum prepared for the Secretary of the Air Force, who accepted the Judge Advocate General’s recommendation. The Secretary’s decision was announced by a press release dated October 24, 1972. The Judge Advocate General’s memorandum was discovered years after the Lavelle hearings and was submitted as newly discovered evidence related to the issue of false reports. The memorandum indicates that all Senate and House of Representatives Lavelle hearing transcripts were reviewed in its preparation. Additionally, the Inspector General Report on the Lavelle investigation, containing first-hand witness testimony from the entire chain of command below General Lavelle, was scrutinized. In coming to the conclusion that criminal charges against General Lavelle would ultimately fail, the Judge Advocate General stated, “[T]here was no evidence that this type of falsification was caused, directly or indirectly, by anything General Lavelle said, and although he was shown the accurate ‘specat’ reports, there is no evidence that he was shown or was personally aware of the false reports in the OPREP-4.” Download the full memorandum here (PDF)

The Honorable Otis G. Pike

Former New York Congressman, Otis G. Pike, was primarily responsible for initiating an investigation into the events surrounding General Lavelle’s relief of command. Congressman Pike pushed the House Armed Services Committee to hold a hearing and take testimony to determine the real reasons behind General Lavelle’s retirement. Congressman Pike’s April 19, 2008 letter was relied upon by the Air Force Board in deciding to recommend that General Lavelle have his four stars restored. Congressman Pike said, “If I had had the White House tapes at the time I would been even angrier at President Nixon and Secretary Kissinger for turning General Lavelle loose and then hanging him out to dry by denying they had done so.” Download the original letter (PDF)

The Honorable R. James Woolsey

In a August 28,2010 letter to the New York Times, R. James Woolsey publicly reiterated his support of the rehabilitation of General Lavelle. In the Lavelle Application to the Air Force Board of Correction of Military Records, former Director of Central Intelligence, R. James Woolsey, offered first-hand evidence of the Senate investigation and an opinion based upon the recently released exculpatory material. Mr. Woolsey was, at the time of the Lavelle hearings, the general counsel of the Senate Armed Services Committee. He was charged by the Committee with the responsibility for investigating, taking testimony and producing evidence in the Lavelle hearings. Mr. Woolsey took deposition testimony from witnesses in Vietnam and up through the chain of command to Washington. In a letter dated June 11, 2008, Mr. Woolsey explained his role in the 1972 Senate investigation and reviewed the newly disclosed evidence. He closed his letter with the following: “Had I understood this in 1972 I would have recommended to the Committee that General Lavelle should have been advanced on the retired list to his full rank. I feel confident that such a recommendation would have been approved by the Committee.” The Air Force Board of Correction of Military Records took great consideration of these comments, referencing them and their weight in their findings.

Download the original Woolsey letter (PDF)
Download the Record of Proceedings Air Force Board of Correction of Military Records, 10/30/2009 (PDF)

For more information about this matter, including the Nixon White House Recordings, visit: http://www.mbklaw.com/events/lavelle