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Stuart Grant
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eschwerin@rosemontseneca.com
DATE:
2010-04-05 22:52:00
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Hunter Biden
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Powerful lawyer sues teens over party at house Greenville man says uninvited guests stole By MAUREEN MILFORD • The News Journal • April 5, 2010 A high-powered Wilmington trial lawyer nationally known for aggressively hauling Corporate America into court now is taking on two unlikely adversaries -- party animals. Stuart Grant, a plaintiff's lawyer who has represented institutional investors in major cases that resulted in multimillion-dollar settlements and fees, is suing two recent Salesianum School graduates who allegedly crashed a party last July at his Greenville mansion. The teens showed up uninvited to a party held by Grant's daughter and then ventured into the bedrooms of the house in the exclusive Stoney Run community, Grant's complaint says. There, they h elped themselves to prescription medicine, a coin- filled water jug and other items, Grant's complaint alleges. But one of the teens tells a story of a summer party where beer was provided, teens roamed the house and numerous guests spent the night. Megan McIntyre, Grant's lawyer, said Grant was not at home at the time of the party. She said beer was not provided. McIntyre wouldn't comment on whether there was an adult supervising the party. Grant didn't call the police because he didn't want the teens to end up with criminal records, McIntyre said. "These were kids from good homes and he wanted them to take responsibility for their actions but didn't want to ruin their lives with criminal convictions," McIntyre said. Instead, Grant hired a private investigator and also put out the word to all the guests that he wanted the items returned immediately. While some items were returned, some things are still missing, Grant alleges. More than two months after the party, Grant filed suit in Superior Court against the teens. A third teen was named in the lawsuit, but the case against him was dismissed, according to lawyers. Michael Modica, lawyer for one of the teens, said his client, who was welcomed into the party by Grant's daughter, has taken responsibility for his actions. The teen returned items he removed soon after the party and admitted he took them. "I don't know how much more cooperative you can get, I really don't. He admitted what he took, and he returned it," Modica said. Jennifer Kate Aaronson, the lawyer for the other teen, declined to comment. Grant is pressing ahead with the lawsuit, asking the court to award him not less than $6,000 in compensatory damages to cover the cost of the private investigator and the value of the missing items. He also wants the court to award $10,000 from each teen in punitive damages to "make an Advertisement example" of them, punish them for their "outrageous conduct" and deter them and others from "engaging in similar conduct in the future," according to the lawsuit. He's also asking the teens to pay his attorneys' fees, court costs and expenses. Grant, whose firm was cited in 2008 by RiskMetrics Group as winning the highest average recovery in securities class actions of any law firm in the country, was not seeking publicity in the case, his lawyer said. He has been surprised by the level of interest from the legal press. Last month, American Lawyer ran an article about the lawsuit with the headline: "Why is a Powerhouse Litigator Suing a Bunch of Pesky Teenagers?" "It's crazy," said Sandra Simkins, clinical associate professor at Rutgers School of Law and co-director of the Rutgers Children's Justice Clinic. "I've been doing this a long time, and I've never heard of this. This is definitely not a good way to handle this. I would have talked to the parents and talked to my daughter. The courts have enough to deal with without this kind of stuff. It's a complete waste of judicial resources." Joseph Tulman, a professor of law at the David A. Clarke School of Law at the University of the District of Columbia and director of Juvenile and Special Education Law Clinic, said while he doesn't know all the specifics of this case, there are more informal ways to hold young people accountable. "Mediation is a good approach," he said. Wallace Mlyniec, professor of clinical legal studies and director of the Juvenile Justice Clinic at Georgetown University law school, said Americans too often resort to courts, either civil and criminal, to find recompense. "It usually generates more expense and psychological pain. These are teenagers. They make mistakes. They usually grow out of it. Developmental and psychosocial research tells us that," Mlyniec wrote in an e-mail. There are better ways to teach kids a lesson, including mediation, Mlyniec said. McIntyre said Grant tried to resolve it without litigation. "There may be a perception because Mr. Grant is a lawyer the first thing he did was resort to litigation, and that's not true at all. He would have preferred to get everything back and everybody could go on with their lives," she said. Grant's goal is to have the teens take responsibility for their actions, McIntyre said. "While Mr. Grant blames the kids for what they did, he's also generally frustrated with parents who don't step up to the plate and make the kids take responsibility for their actions," McIntyre said. According to court documents, Thatcher Howell, 18, of Hockessin, and Brian Kelly, 18, of Greenville, arrived at the Grant home for a party given by Grant's daughter, Niki, who graduated from Tower Hill in 2009. The teens went through "numerous bedrooms and closets" in the house and made off with a coin-filled water jug, clothing, electronics, household goods and several containers of prescription medicine, Grant alleges. Howell ended up sleeping over at the house because he had consumed alcohol provided at the party, he said in court documents. He left the house at 11 a.m. but returned that night for a second party, according to court documents Advertisement After Grant requested the items be brought back, Howell returned the coin-filled water jug, while Kelly returned some electronics and household items, Grant alleges in his complaint. But because numerous personal items were not returned, Grant sued, McIntyre said. Modica said he sent an e-mail to Grant agreeing to accept service of the lawsuit. Instead, Grant hired a private process server to go to Howell's house to serve him with the lawsuit. "I just think that needlessly caused alarm. It's routine in Delaware when someone's represented by a lawyer that the lawyer will agree to accept the service of the lawsuit," Modica said. Kelly, in his answer to the complaint and in discovery, declined to respond to allegations and questions because it could violate his constitutional right under the Fifth Amendment that a person has the right to remain silent. The suit, which was filed in October, is proceeding through the courts. Modica is asking for a jury trial. "I'm disappointed [Grant] is using the system in this way," Modica said. Eric D. Schwerin Rosemont Seneca Partners, LLC 1010 Wisconsin Ave., NW Suite 705 Washington, DC 20007 (202) 333-1880 eschwerin@rosemontseneca.com P Consider the environment before printing this email.
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