Judge throws Milberg Weiss a curve

By Mark Tapscott

Judge James M. Rosenbaum of the Minnesota District Court was reimbursed for airfare, lodging and meals to attend three ILEP conferences, facts which he said were included on his financial disclosure forms.

In June 2006, Rosenbaum removed Milberg Weiss attorney Mitchell Breit from a class-action lawsuit against Medtronics, Inc. for selling allegedly faulty heart defibrillators. He said it was "inexplicable" that Breit failed to disclose to the court the government's investigation of Milberg Weiss prior to its indictment. Breit was not named in the Milberg Weiss indictment.

In his ruling, Rosenbaum said he received two letters from Breit regarding the firm's participation on the plaintiffs' counsel team:

"In the first, Mr. Breit described his firm, Milberg Weiss Bershad & Schulman LLP. In the second, he advised that he had no pending personal ethics complaints, nor had any been previously made against him.

"Neither letter contained any reference whatsoever to any investigation of either the Milberg Weiss Bershad & Schulman LLP firm, or of its named partners, Messrs. Bershad and Schulman.

"Neither letter was updated during the nearly five months from their submission, until May 18, 2006. On that date, Milberg Weiss Bershad & Schulman LLP and two of its partners, David J. Bershad and Steven G. Schulman, were indicted on multiple federal charges."

Rosenbaum also noted Breit's reference to two Milberg Weiss cases as "triumphs" for the firm:

"These 'triumphs' are problematic, however. According to the Indictment, in Count One...these cases involved a number of the conspiratorial acts committed by Milberg Weiss and members of the firm's partnership.

"The Court considers it extraordinarily likely that the attorneys' fees realized from those cases have contributed to the firm's profits over the years including years in which Mr. Breit has been affiliated with the firm."

Rosenbaum attended ILEP's 2000 annual conference at the Ritz Carlton in Naples, Florida, the 2001 annual conference at the Hyratt Resort at Gainey Ranch near Scottsdale, Arizona, and the 2004 annual conference at the Doral Golf Resort and Spa in Miami, Florida.

Rosenbaum told The Examiner that he did not know of a link between Milberg Weiss and ILEP when he attended the three conferences.

Mark Tapscott is the editorial page editor of The Washington Examiner.

Judge throws Milberg Weiss a curve

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