APRIL NEWSLETTER

On March 19, 2001, U.S. District Judge Thomas F. Hogan in the District of Columbia issued an opinion and order granting the motion to dismiss which the firm filed on behalf of Lonza Inc., a vitamin manufacturer that had been sued in U.S. District Court in Dayton by a company engaged in the business of packaging and distributing vitamins. On behalf of our client, the firm had filed a motion to dismiss the antitrust action brought under the Valentine Act, Ohio's Baby Sherman Act. The case had been transferred by the Judicial Panel on Multidistrict Litigation to the U.S. District Court in Washington, D.C., where the motion was decided. The court granted the motion to dismiss for lack of standing, and denied the defendant's motion to certify the questions of state law to the Supreme Court of Ohio. Essentially the court ruled that the Valentine Act should not be interpreted to allow indirect purchaser activity, i.e., the court followed the U.S. Supreme Court's Illinois Brick ruling, since the Valentine Act is to be interpreted consistently with the Sherman Act, the federal antitrust law.

Tom Kraemer has been selected as a recipient of the "40 Under 40" Award for 2001. Sponsored by the Dayton Business Journal, the "40 Under 40" Awards program recognizes the Miami Valley's emerging leaders in business, law, education, government, community and social services, and high technology. An FG&I partner, Tom is a graduate of the University of Virginia and the University of Pittsburgh College of Law. He also served as a clerk to Chief Judge Walter Rice, United States District Court for the Southern District of Ohio, before joining FG&I.

Suzanne Scheiner-Albl has accepted an offer of employment with the firm. A graduate of Rutgers University, Suzanne will graduate from the University of Cincinnati College of Law in May. Suzanne joins April Hayne, also from the University of Cincinnati College of Law, and Chad Kohler, Case Western Reserve University Law School, as new FG&I associates in August.

FG&I is busy preparing for the Fall 2001 recruiting season. Constantly looking to add top-notch law graduates, FG&I will visit several campuses, including among others, Washington & Lee University, the University of Notre Dame, the University of Virginia, George Washington University, Vanderbilt University, Georgetown University, The Ohio State University, the University of Cincinnati, Washington University (St. Louis), and Case Western Reserve University.