T1a B46 Legal Research 2 Of 4 Fdr- Entire Contents- Court Docs- Press Reports- 1st Pgs For Ref 456

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -X RAYMOND ANTHONY SMITH, as : Administrator of the Estate of George : Eric Smith, deceased; and : KATHERINE SOULAS, in her own right, on behalf of her minor children, and as : Executrix of the Estate of Timothy Soulas, deceased : 01 Civ. 10132 (HB)

Plaintiffs, -v-

OPINION THE ISLAMIC EMIRATE OF : :: AND ORDER AFGHANISTAN, THE TALIBAN, AL QAIDA/ISLAMIC ARMY, : SHIEKH USAMAH BIN-MUHAMMAD BIN-LADEN a/k/a Osama Bin Laden, : SADDAM HUSSEIN, THE REPUBLIC : OF IRAQ : •

Defendants. -X Hon. HAROLD BAER, JR., District Judge:

STARK & STARK KOFESSIONAL CORPORATION ATTORNEYS AT LAW MAILING ADDRESS PO BOX 5315 RINCETON.NJ 08543-5315

NOLAN LAW GROUP By: DONALD J. NOLAN, ESQUIRE 20 NORTH CLARK STREET 30th FLOOR CHICAGO, ILLINOIS 60602-4109 PHONE: (312)630-4000 FAX: (312)630-4011 STARK & STARK A PROFESSIONAL CORPORATION BY: KEVIN M. HART, ESQUIRE (KH-7659) PRINCETON PIKE CORPORATE CENTER 993 LENOX DRIVE - P.O. BOX 5315 PRINCETON, NEW JERSEY 08543-5315 PHONE: (609)896-9060 FAX: (609) 895-7395 ATTORNEYS FOR PLAINTIFF UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ELLEN MARIANI, as administrator of the estate of LOUIS NEIL MARIANI, deceased,

No. 01 CV 1162 Plaintiff, Judge Alvin K. Hellerstein

v. UNITED AIR LINES, INC., a corporation

COMPLAINT

Defendant.

NOW COMES the plaintiff, ELLEN MARIANI, as administrator of the estate of LOUIS

-1-

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•f Select for FOCUS™ or Delivery Insurance Day April 3, 2003 Copyright 2003 Informa Publishing Group Ltd Insurance Day April 3, 2003 SECTION: NEWS LENGTH: 325 words HEADLINE: American Airlines files suit against Lloyd's BODY: AMERICAN Airlines has filed a lawsuit against Lloyd's insurers for the cost of grounding its fleet on September 11, according to an aviation market source, writes Peta Miller, London. He said if successful the suit will have huge implications as it could start a wave of copy-cat filings by airlines whose planes were not directly involved in the events of September 11 but were forced to land anyway. Planes were grounded and US airspace closed for four days by order of the US Federal Aviation Administration (FAA) after the World Trade Center attacks. Insurers gave seven days' notice that war and terror liabilities would be stripped from policies. But this was not a trigger for planes to land, and most hull war and terror insurers continued providing cover. So it will be crucial to assess what the exact intention of American's cover was, to see whether costs arising from false landing were covered, the aviation source said. An American Airlines spokesman said: "We filed two lawsuits in the state district court in Dallas on February 18 against Lloyd's of London and affiliated underwriters. These are regarding failure to pay airline claims arising from September 11, 2001." He said the actions were filed as a last resort. He stressed Lloyd's and its insurers should not be confused with Associated Airline Underwriters, which wrote liability cover that applied to passengers aboard flight 11, which was crashed into the North Tower of the World Trade Center, and flight 77, which was ploughed into the Pentagon. He declined to say how much American is suing for and would not specify which Lloyd's insurers are involved. The fate of American has filled press headlines over the last few days amid speculation that the carrier was on the verge of chapter 11 bankruptcy. But earlier this week American managed to stave off immediate bankruptcy when it agreed a wage and benefits deal with staff that will save $660m.

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n The Boston Business Journal April 4, 2003 Copyright 2003 Bell & Howell Information and Learning Business Dateline Copyright 2003 CityMedia Inc. The Boston Business Journal April 4, 2003 SECTION: Vol. 23, No. 9; Pg. 1; ISSN: 07464975 B&H-ACC-NO: 323101951 LENGTH: 627 words HEADLINE: Massport sues insurer to collect $6M 9/11 payment BODY:

The Massachusetts Port Authority is suing its property insurance provider for as much as $19.5 million following the insurer's refusal to pay Massport's businessinterruption claim after the Sept. 11 terrorist attacks. In a complaint filed March 24 in U.S. District Court in Boston, Massport alleged that Hartford, Conn.-based Industrial Risk Insurers refused Massport's claim for lost revenue of approximately $6.5 million in the aftermath of the attacks. Massport, which operates Logan International Airport, claims then lost revenue, which includes landing fees, parking revenue and proceeds from concessions operating at the airport, resulted from the airport's shutdown by the Federal Aviation Administration for four days, and the restricted access to parts of the airport in the weeks that followed. Although the FAA had shut down other airports nationwide as well, Massport said it closed Logan for a longer time because of security issues. Two of the four commercial aircraft hijacked on Sept. 11, 2001, originated from Logan. Massport says that once Logan reopened, the FAA order continued to restrict access to other parts of the airport premises, such as the Terminal B parking garage, resulting in additional loss of revenue. The Terminal B garage did not reopen until January 2002. On Oct. 1, 2002, IRI informed Massport that it was denying coverage, claiming the FAA order did not prohibit access to Logan. The complaint also says IRI asserted that Massport's "inability" to meet revised security standards prevented it from reopening Logan until Sept. 15, whereas several other airports had opened two days earlier. Massport, which claims its policy with IRI covered losses incurred by an interruption of business because of an order by a civil authority for up to two consecutive weeks, is seeking

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O Business Insurance March 31, 2003, Monday Copyright 2003 Grain Communications Inc. Business Insurance March 31, 2003, Monday SECTION: Pg. 3 LENGTH: 754 words HEADLINE: Airline in cover fight over post-9/11 claim ; War risk insurers seek arbitration BYLINE: DOUGLAS McLEOD BODY:

DALLAS-American Airlines Inc. and its war risk insurers are suing each other over the airline's claim for the costs of grounding its planes and reorganizing flight schedules and crews in the wake of the Sept. 11, 2001, terrorist attacks. American Airlines alleges in a suit originally filed in a Texas state court that the unspecified costs are covered loss prevention expenses under its war risk program and that the insurers, led by Lloyd's of London syndicates, have wrongly refused to pay its claim. The war risk insurers, meanwhile, have responded with their own suit to compel American to arbitrate the claim. The arbitration action is pending in U.S. District Court in Dallas. The court battle is not the only Sept. 11-related case pitting the airline against London underwriters: London participants on the World Trade Center's $3.55 billion property insurance program sued American Airlines and several others earlier this year, charging that they were negligent in allowing the terrorist hijackings and should be held liable for the resulting damages. The Federal Aviation Administration grounded non-emergency air traffic for several days after terrorists hijacked American Airlines and United Air Lines Inc. jets from Boston's Logan International Airport and flew them into the World Trade Center and the Pentagon. Like other air carriers, American Airlines had to divert flights and reposition planes and crews after the attacks. These actions "caused significant expense to AA, including incremental operating and crew expenses," the airline says in court filings. "AA was also unable to utilize its fleet, causing further expense and loss of revenue." The airline filed a claim for the reorganization expenses with its war risk insurers, but underwriters denied the claim in October 2002, the court filings say. American Airlines filed its lawsuit against Lloyd's and about a dozen other war risk insurers last month in the K- 192nd Judicial District Court of Dallas County, Texas. The suit argues that Sept. 11-related costs are covered under war risk provisions requiring the airline to ensure the safety of aircraft in the event of damage or "forced landing not involving impact damage."

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Business Insurance April 7, 2003, Monday Copyright 2003 Grain Communications Inc. Business Insurance April 7, 2003, Monday SECTION: Pg. 3 LENGTH: 317 words HEADLINE: Cleanup immunity sought; New York Mayor Bloomberg urges reform BYLINE: MICHAEL PRINCE BODY:

Lawsuits arising from cleaning up after the World Trade Center terrorist attacks could bankrupt New York City in the future, New York Mayor Michael Bloomberg testified before a federal commission investigating the Sept. 11, 2001, attacks. "Personal injury claims regarding alleged long-term health damage could bankrupt our city over the next 20 years," the mayor told the National Commission on Terrorist Attacks upon the United States, which held a hearing Monday in New York. Over 2,300 lawsuits have been filed against New York City arising from the cleanup of the World Trade Center site seeking an aggregate $12 billion in damages, according to Lawrence Kahn, chief litigating assistant in the New York City Law Department who also testified at the hearing. "The majority of the claims against the city have been brought by city employees and others who claim to have sustained respiratory injuries during the rescue and clean-up operations," he said. The city has $79 million in private insurance coverage and has limited coverage under a congressional act to pay the claims, Mr. Kahn said. This coverage, however, is not sufficient to meet the city's needs, he said. To stave off bankruptcy, Mr. Bloomberg urged Congress to enact a program that would indemnify New York City to protect the city from personal injury lawsuits alleging long-term illnesses resulting from the attacks. The program should also provide indemnification or federal insurance coverage for all municipalities and contractors who respond to future terrorist attacks, he said. Failure to create this program could mean delays by local governments and contractors in undertaking any recovery or cleanup work following future attacks, he testified. "Without congressional action, the nation will be unprepared to respond to the destruction by any future terrorist attacks," Mr. Bloomberg said.

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Insurance Day May 9, 2003 Copyright 2003 Informa Publishing Group Ltd Insurance Day May 9, 2003 SECTION: FRONT PAGE LENGTH: 342 words HEADLINE: Silverstein new WTC lawsuit BODY: PROPERTY developer Larry Silverstein has filed a lawsuit against General Electric subsidiary Industrial Risk Insurers (IRI) following a dispute over payments for the rebuilding of a building that was part of the World Trade Center complex. Mr Silverstein claimed that its insurance policy on 7 World Trade Center, a building across from the Twin Towers destroyed in the September 11 attacks, was worth $860m, but that he has only received $440m from Industrial Risk to date. The difference hinges on the terms and conditions of the policy which had a replacement condition to cover the cost of construction completed within two years of the building's destruction. Industrial Risk said that the policy was not written to cover Mr Silverstein for all costs, and is in discussion over what appropriate payment for the two-year period would be. GE spokesman Dean Davison told Insurance Day that the company felt Mr Silverstein's filing was "premature and unwarranted" but added that GE continued to evaluate the claims and work with its client, Silverstein Property. Mr Davison commented: "It is important to note that the policy IRI provided covered five properties including WTC 7, other properties in New York and one in Stamford, Connecticut." And Mr Davison noted that $840m (the $860m quoted by Silverstein is the policy limit) is the cost listed to replace all five properties, and that IRI has paid the actual cash value for WTC 7 under the terms of the policy. Silverstein Property said that the $440m received so far will not cover the construction costs of the new 7 World Trade Center, which is due to be completed in 2006. In a statement, the Silverstein camp said that it would have been physically impossible to complete the construction of a high-rise tower such as 7 World Trade Center within two years. Mr Silverstein and his company are still in dispute with around 20 other insurers over compensation for the Twin Towers, the destruction of which he sees as two separate events and insurers see as only one.

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Broward Daily Business Review April 23, 2003 Copyright 2003 ALM Properties, Inc. All Rights Reserved. Broward Daily Business Review April 23, 2003 SECTION: FROM THE COURTS; Vol. 03; No. 4-23; Pg. 1 LENGTH: 916 words HEADLINE: Paxson sues insurer over 9-11 loss of World Trade Center facilities BYLINE: by Steve Ellman BODY:

Aftershocks of the Sept. 11 terrorist attacks rippled through Palm Beach Circuit Court last week when Paxson Communications filed a multimillion-dollar lawsuit against its insurance carrier seeking reimbursement for what it claims were $38.2 million in losses from the destruction of New York's World Trade Center. The suit alleges that Schaumburg, III.-based Zurich American Insurance Co. breached its insurance contract with West Palm Beach-based Paxson covering losses due to property damage and the resulting business interruption losses at the WTC. At the time of the attacks, Paxson's New York City-area TV station, WPXN, maintained and operated transmitters and other broadcast equipment on top of the WTC's North Tower. The company, along with other broadcasters, leased space on the tower's antenna mast, where it had affixed an antenna of its own. Zurich American has reimbursed Paxson for $4.3 million in losses from the attacks, and negotiations regarding further payments have broken down. Last month, Zurich American filed suit for declaratory relief in U.S. District Court in Manhattan. "It's a difference of opinion as to what's covered," said Zurich American spokesman Keith Owen. "Paxson counsel asked for an extension to file an answer to our New York suit. I guess [the Palm Beach suit] is it." An independent analyst said the lawsuit is the latest indication of the Paxson's financial troubles. "I'm not surprised [Paxson] would sue," said Roderick Powell, a senior equities analyst who follows Paxson for Weiss Ratings of Palm Beach Gardens. "The company is heavily in debt. It can't afford to lose any viewers at this stage of the game." According to Powell, owner Charles "Bud" Paxson wants to sell the company but has been blocked by the Federal Trade Commission, which has refused to allow suitor NBC to make the purchase. Now, with revenues down and the company bleeding cash, Paxson has begun selling off stations, depleting the company's assets. At the same time, the loss of viewers drives down the value of the stations. "They're doing anything they can to get cash into the company,"

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The International Herald Tribune May 10, 2003 Saturday Copyright 2003 International Herald Tribune The International Herald Tribune May 10, 2003 Saturday SECTION: NEWS; Pg. 2 LENGTH: 117 words HEADLINE: Kin of Sept. 11 victims lose suit over payouts; BRIEFLY: UNITED STATES: NEW YORK SOURCE: New York Times Service BODY:

A federal judge has dismissed three lawsuits that claimed that the federal fund created to compensate the relatives of Sept. 11 victims was unfair, arbitrary and biased against victims who earned high incomes. In doing so Thursday, Judge Alvin. Hellerstein of the U.S. District Court for the Southern District of New York brushed aside what had been the most serious challenge yet to the Victim Compensation Fund, which is expected to cost taxpayers as much as $5 billion. He also vindicated the fund's embattled special master, Kenneth Feinberg, who had been accused of trying to deprive the families of the victims who died in New York of hundreds of millions of dollars or more. LOAD-DATE: May 11, 2003

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Sept. 11 Plaintiffs Win Case Against Iraq

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By Mark Hamblett New York Law Journal Evidence of the alleged link between the Iraqi government and al-Qaida may not have been conclusively accepted in the court of public opinion, but it is enough to win a default judgment in the Southern District of New York. Judge Harold Baer ruled yesterday that the survivors of two people who were killed in the World Trade Center terrorist attack had presented enough evidence, "albeit barely," to be awarded $104 million in damages against the state of Iraq, Osama bin Laden, and his terrorist network.

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Addressing what he described as several "novel" issues concerning the Foreign Sovereign Immunities Act and civil recovery under the Antiterrorism Act of 1991, Baer found a reasonable jury could infer "that Iraq provided material support to Al Qaeda and that it did so with knowledge and intent to further Al Qaeda's criminal acts."

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The two cases joined under Smith v. The Islamic Emirate of Afghanistan, 01 Civ. 10132, sought to show through the opinions of experts, including former CIA Director James Woolsey Jr., that Iraq helped train al-Qaida terrorists, and provided them with safe houses and forged documents.

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Judge Baer granted a default judgment in favor of the families of George Eric Smith and Timothy Soulas in December, and then held an inquest on Feb. 28. In his ruling Wednesday, Baer first decided that the attack on the World Trade Center met the definition of "international terrorism" in the Antiterrorism Act, 18 U.S.C. § 2333, even though an "expansive definition of 'international terrorism' might render the 'domestic terrorism' superfluous."

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Baer then turned to the standard of proof required against the Iraqi defendants under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1608 (e), which states that "No judgment by default shall be entered by a court of the United States ... against a foreign state ... unless the claimant establishes his claim or right to relief by evidence satisfactory to the court." Without a 2nd Circuit case expressly defining the meaning of the phrase

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5/13/03

CNN.com - $116 trillion lawsuit filed by 9/11 families - August 16, 2002

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$116 trillion lawsuit filed by 9/11 families WASHINGTON (CNN) --Acknowledging the odds are against them, relatives of the September 11 attacks filed a 15-count, $116 trillion lawsuit Thursday against the company run by Osama bin Laden's family, Saudi Arabian princes and Sudan. The lawsuit was filed in U.S. District Court for the District of Columbia by more than 600 family members, plus some firefighters and rescue workers. Calling themselves Families United to Bankrupt Terrorism, the plaintiffs are suing seven international banks; eight Islamic foundations, charities and their subsidiaries; individual terrorist financiers; the Saudi bin Laden Group; three Saudi princes; and the government of Sudan for allegedly bankrolling the terrorist al Qaeda network, Osama bin Laden and the Taliban. The Saudi bin Laden Group is the construction company operated in Saudi Arabia by Osama bin Laden's brothers. Fifteen of the hijackers were Saudi Arabian, the FBI has said. Deena Burnett, whose husband, Tom, was killed on hijacked Flight 93, which crashed in Pennsylvania, expressed optimism about the challenge at a news conference. "It's up to us, and I think we can do it," she said. "It's up to us to bankrupt the terrorists and those who finance them so they will never again have the resources to commit such atrocities against the American people as we experienced on September 11." Co-lead counsel for the lawsuit is attorney Allen Gerson,\>ne of the attorneys who negotiated a $2.7 billion settlement between the Libyan government Sud families^ 270 people killed when Pam Am Flight 103 was blown up over Scotland in 1988. Among the allegations in the complaint, said attorney/Ron Motley, ar? that certain members of the Saudi royal family have been active supporters of and helped funoSaHjagSa-^ficTbin Laden. The attorneys and investigators were able to obtain, through French intelligence, the translation of a secretly recorded meeting between representatives of bin Laden and three Saudi princes in which they sought to pay him hush money to keep him from attacking their enterprises in Saudi Arabia, Motley said. Burnett's father in law, Thomas E. Burnett Sr., who also spoke at the news conference, said the group was "taking unprecedented legal action against those whose money financed the unspeakable evil that occurred on that tragic day." Matt Sellitto, whose 23-year-old son Matthew died at the World Trade Center, told reporters: "His loss is

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5/13/03

'We Want to Bankrupt Terrorism'

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More than 700 families have filed a lawsuit against the Port Authority, which owns the World Trade Center, in connection with the September 11 attacks

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'We Want to Bankrupt Terrorism' Hundreds of families of 9-11 victims have joined lawsuits filed against the World Trade Center's owner, the Sudanese government and even some members of Saudi Arabia's royal family NEWSWEEK WEB EXCLUSIVE

Sept. 13 — The September 11 anniversary was not only a time of mourning and reflection for the family members of the estimated 3,000 victims killed in last year's terrorist attacks, but the deadline for them to file a lawsuit against the owner of the World Trade Center, the Port Authority of New York and New Jersey. More than 700 relatives, along with some who were injured in the attacks, did so this week.

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04/29/2003

TIME.com: A Saudi In The Hot Seat -- May. 12, 2003

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Saudi Arabian Defense Minister Prince Sultan bin Abdul Aziz must have privately cheered last week after the U.S. announced that thousands of its troops stationed in his country would soon be gone. Their posting has long been a prickly political matter for the Saudis and has provided a fat target for al-Qaeda's propaganda. Osama bin Laden considered the foreign military presence sacrilegious and made the removal of U.S. soldiers a central objective of his holy war against the West. But the Prince's bin Laden — related troubles may not be over, and not only because the terrorist leader is still gunning for his family. Sultan is one of scores of defendants in a $1 trillion lawsuit brought by relatives of those who died in the Sept. 11, 2001, attacks. The plaintiffs allege that Sultan made large donations to Islamic charities^hat-sripported the Sept. 11 hijackers. Sultan's attorneys at the law firm(Baker Botta, where former Secretary of State James Baker is partner, countel llTaTSuluaris contributions came from government coffers and were disbursed by the Prince in his role as a Saudi official. If the latter is proved, say his attorneys, the Prince would be shielded from legal action under U.S. law. But the situation is not so clear cut. The al Sauds are often accused of running their country like a family business, controlling virtually every official post. Separating private contributions from official ones may prove difficult. A review of Saudi official declarations by TIME revealed half a dozen references to Sultan's donations as being "personal." The Saudi Press Agency, a wing of the Ministry of Information, lists $266,000 donated by Sultan to the International Islamic Relief Organization as a "personal" contribution. U.S. and Canadian authorities

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05/07/2003

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C The Associated Press State & Local Wire May 2, 2003 The Associated Press State & Local Wire The materials in the AP file were compiled by The Associated Press. These materials may not be republished without the express written consent of The Associated Press. May 2, 2003, Friday, BC cycle SECTION: State and Regional LENGTH: 298 words HEADLINE: Families suing airlines over Sept. 11 hijacking DATELINE: NEW YORK BODY:

The families of more than 65 people who died in the Sept. 11, 2001 terrorist attacks are suing American Airlines and United Airlines, accusing the companies of negligence. At the center of the Manhattan Federal District Court proceeding is the question of whether the airlines should have foreseen the possibility their jets could be hijacked. But United and American argued in court on Thursday that the suits should be dropped because they are only responsible for protecting passengers, not the people killed in the World Trade Center and the Pentagon. They said they had no way of knowing the hijackers would fly the aircraft into the buildings. Judge Alvin Hellerstein is hearing the arguments and reviewed the legal duty airlines have to people who are killed or injured on the ground if a plane crashes due to negligence. The families' attorney Marc Moller showed a 1968 newspaper advertisement by a pilots' association warning of the chances of an airplane striking the towers. He said "the airlines had to anticipate that was going to happen" by 2001. But American Airlines' lawyer Roger Podesta argued the attacks were "acts of war" and could not have been foreseen by the airlines. He said federal aviation policy before Sept. 11 instructs pilots not to resist hijackers, but to cooperate with them. If the suits go forward, a floodgate for similar lawsuits may be opened. Judge Hellerstein allowed victims' families to file lawsuits before a deadline last year, but to suspend them until the families make a decision on pursuing a lawsuit or apply to the federal Victim Compensation Fund. The fund has made offers averaging $1.41 million to 398 families thus far. About 1,600 families have filed papers stating an interest in applying for the fund. LOAD-DATE: May 3, 2003

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Newsday (New York) May 3, 2003 Saturday Copyright 2003 Newsday, Inc.

Newsday (New York) May 3, 2003 Saturday QUEENS EDITION SECTION: NEWS, Pg. A13 LENGTH: 244 words HEADLINE: Judge Denies Airports' Motion BYLINE: By Patricia Hurtado. STAFF WRITER BODY:

A federal judge presiding over civil suits stemming from the Sept. 11 terrorist attacks denied a motion by the airports Friday to have the lawsuits against them dismissed. U.S. District Court Judge Alvin Hellerstein in Manhattan ruled that airport operators for Boston's Logan Airport, Newark Airport, Washington's Dulles Airport and Portland Maine Airport must remain as defendants in the case. The hijackers, armed with box cutters, bypassed security and traveled on planes that left from the four airports. The victims' families charge that both the airlines and airports are liable because they failed to adequately screen the hijackers for their weapons. Airport lawyer Mark Dumbroff argued that federal law holds the airlines responsible for screening, not airports. Hellerstein denied Dumbroff's request, saying it was premature. In another argument, a lawyer for the Trade Center's builder and landowner, the Port Authority of New York and New Jersey, said a suit against the authority should also be dismissed. Richard Williamson incensed some victims' families when he argued that the agency was a victim, too. "Today we have victims suing victims," Williamson said emphatically. " But Hellerstein interrupted, noting that the plaintiffs contend the authority failed to have adequate fireproofing in the towers and did not have an adequate evacuation system for tenants.

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^Select for FOCUS™ or Delivery O The Post and Courier (Charleston, SC) April 29, 2003 Tuesday FINAL Edition Copyright 2003 The Post and Courier (Charleston, SC) The Post and Courier (Charleston, SC) April 29, 2003 Tuesday FINAL Edition SECTION: BUSINESS; Pg. IE LENGTH: 923 words HEADLINE: NESS MOTLEY CHANGES NAME; Law firm now Motley Rice, dispute with former partners over name comes to end BYLINE: TONY BARTELME Of The Post and Courier Staff BODY: CORRECTION (4/30/03): Business Because of a reporter's error, a story on Page IE of Tuesday's editions of The Post and Courier incorrectly named the law firm formed last year by a group of attorneys who left the Ness Motley firm. The name is Richardson Patrick Westbrook & Brickman, LLC. PHOTO:Joe Rice (left) and Ron Motley, outfitted with cowboy hats and toy guns, announce the creation of Motley Rice and the end of the use of Ness Motley as the firm name Monday at their Mount Pleasant office. MOUNT PLEASANT—Ness Motley, the law firm that took on Big Tobacco and became one of the most familiar names in the nation's legal landscape, officially became Motley Rice LLC on Monday, ending a yearlong dispute over the firm's name. Wearing black cowboy hats and grasping toy six-shooters to underscore their reputations as legal sharpshooters, Ron Motley and Joe Rice, the firm's two most prominent partners, celebrated the change during a noon lunch for employees. Motley and Rice told the group that change was needed to keep the firm energized, especially as it tackles complex cases such as the one on behalf of families who lost loved ones Sept. 11, 2001. The change also stemmed from the departure of some of the firm's partners last year. "Our success was our failure, because people got too complacent," Rice said before the speeches. "Ness Motley broke up because it was too successful." In the 1980s and 1990s, Ness Motley made hundreds of millions of dollars in fees representing asbestos victims and states that sued tobacco companies. With the money came disputes among partners about the kinds of cases the firm should handle in the future. "And," Rice said, "when you have people going in different directions, something is going to break." Last year, more than a dozen Ness Motley attorneys and more than 40 staffers formed a new firm, Richardson Patrick Westbrook & Brinkman. Lawyers in both firms then sued each other over fees, use of the firm's private planes and other issues.

http://www.lexis.com/research/retrieve?_m=38e2e9d935dac54dd41d72144alb25cc&docnum... 5/13/03

September 11 Showdown

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September 11 Showdown Will the White House block a terror panel's access to critical documents? Plus, here's another reason to badmouth France NEWSWEEK WEB EXCLUSIVE

May 7 — An imminent and potentially nasty confrontation over an independent commission's authority to investigate the White House's handling of the September 11 terror attacks was narrowly averted last week—-just before President Bush landed a jet aboard the USS Abraham Lincoln in a carefully crafted ceremony touting the toppling of Saddam Hussein as a major victory in the war on terrorism. http://www.msnbc.com/news/910676.asp

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5/13/03

A Legal Counterattack

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A Legal Counterattack Saudis hire some of the toniest U.S. law firms to defend them against the landmark $1 trillion lawsuit on behalf of the victims of 9-11. So why is the plaintiffs counsel ecstatic? Plus, new heat on radical imam NEWSWEEK WEB EXCLUSIVE

April 16— After months of working below the radar, a huge U.S. legal team hired by the Kingdom of Saudi Arabia has sprung into action and begun a major counteroffensive against a landmark lawsuit seeking $1 trillion in damages on behalf of the victims of the September 11 terror attacks. E-MAILTHIS

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04/29/2003