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This Week's Feature
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EPA Passes New Lead National Ambient Air Quality Standard
By Sean W. Shirley and Alexia B. Borden, Balch & Bingham LLP
On November 12, 2008, the Environmental Protection Agency (“EPA”) published in the Federal Register a strengthened national ambient air quality standard (“NAAQS”) for lead. See 73 Fed. Reg. 66964 (Nov. 12, 2008). The Clean Air Act (“CAA”) requires EPA to publish lists of pollutants that cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare, and to promulgate primary and secondary NAAQS for such pollutants. 42 U.S.C. §§ 7408(a), 7409(a). EPA has set NAAQS for six principal pollutants, including lead. EPA initially set NAAQS for lead in 1978 and the new limit set by EPA on November 12 was the first update to the lead standard since that time. EPA revised the level of the primary (health-based) standard from the 1978 standard of 1.5 micrograms per cubic meter (μg/m3), to 0.15 μg/m3, measured as total suspended particles (TSP). EPA revised the secondary (welfare-based) standard to be identical in all respects to the primary standard. The revised standards are 10 times tighter than the previous standards and are aimed at improving health protection for at-risk groups, especially children.
[FULL STORY]
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Legal News
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Supreme Court Granted Certiorari: Due Process Clause — Judicial Recusal
The increasingly prevalent role of financial contributions in state judicial elections has long engendered controversy. On November 14, the Supreme Court granted certiorari in Caperton v. A.T. Massey Coal Co., No. 08-22, to decide when, if ever, the Due Process Clause requires that a judge recuse himself because an officer of a company involved in litigation before the court contributed money to the judge’s campaign.
[FULL STORY]
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DRI News
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It takes many leaders to assemble a successful annual meeting. DRI President Marc E. Williams of Huntington, West Virginia, and the 2008 Annual Meeting Steering Committee headed by J. Michael Weston of Cedar Rapids, Iowa, want to thank all of the volunteers for successfully marketing the 2008 meeting. Click on "full story" to see the list of State Marketing Chairs. Others will be listed in next week’s edition.
[FULL STORY]
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40% Off Sale on Many DRI Defense Library Series
Now through January 31, 2009, save 40% on classic titles from DRI’s Defense Library Series including:
• Uninsured Motorist and Underinsured Motorist Coverage – 2007
• Exploring Toxic Tort and Environmental Claims – 2007
• Jury Instructions for Employment Defense Litigators – 2007
• Understanding the New E-Discovery Rules – 2006
Add these valuable resources to your library or share them with a colleague. Click here to view the entire list of discounted publications. To purchase these items, click here or visit the DRI bookstore at www.DRI.org.
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And The Defense Wins!
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DRI Law Institute member Jack Laffey, with the help of DRI members Thomas Gonzalez and Sarah Thomas Pagels of Whyte Hirschboeck Dudek SC in Milwaukee, successfully defended their pass-through supplier client in an eight day trial in Milwaukee County Circuit Court that was sued under a strict liability theory for supplying asbestos-containing products to the decedent's worksites throughout the state of Wisconsin. A Milwaukee jury returned a verdict of no liability for their client. The plaintiff had claimed that exposure to products from the client, a supplier of Kaylo pipe covering, was a cause of the decedent's Mesothelioma. The jury found that the plaintiff was not exposed to any product distributed by the defendant.
[FULL STORY]
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On October 8, 2008, Ford obtained a defense verdict after an 11-day trial in the Circuit Court (Hon. Wheeler Rosenbalm) for Knox County, Tennessee. Ford was represented by DRI members Gary Toole and Jay Reid of Cabaniss, Smith, Toole & Wiggins in Maitland, Florida, and J. Randolph Bibb, Jr., and Robert Chapski of Waller Lansden Dortch & Davis in Nashville, Tennessee. The lawsuit was brought by William Thurmer on behalf of his deceased wife, Tina Thurmer. The plaintiff was represented by Coben and Associates in Scottsdale, Arizona, and by Pryor, Priest, Flynn & Harber in Knoxville.
[FULL STORY]
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Peter Spataro and Amy Sumner of Moser & Marsalek, P.C. in St. Louis prevailed in defending Washington University neurosurgeon Dr. Robert L. Grubb, Jr. in a wrongful death case tried in St. Louis, Missouri. The plaintiffs, widow Luella Forbis and her daughter Deborah Brooks, alleged Dr. Grubb was negligent in failing to obtain a cardiology consultation prior to the surgery performed on George Forbis and in failing to put Mr. Forbis on postoperative telemetry monitoring. Plaintiffs’ further claimed that such consultation and monitoring were required, due to cardiac risk factors held by Mr. Forbis. The plaintiffs were represented by Becker, Paulson, Hoerner, and Thompson, P.C.
[FULL STORY]
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David R. Bolen and Addison J. Meyers of Mintzer, Sarowitz, Zeris Ledva & Meyers’ Coral Gables, Florida office recently successfully defended Action Crane Service, Inc. in a negligence action brought by Fernando Santos. The jury deliberated only 30 minutes before reaching a defense verdict finding no liability on the part of Action Crane Service, Inc.
[FULL STORY]
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On November 6, 2008, after a three week trial, a London, Ontario jury returned a verdict finding no liability against a tavern where three 22-year-olds had been drinking before becoming involved in a serious motor vehicle accident. One of the three, the front seat passenger, was rendered a quadriplegic as a result of the accident. The tavern was represented by DRI members Daniel Reisler and Chet Wydrzynski of Reisler Franklin LLP in Toronto. Damages were agreed at $12 million before the start of the trial. The plaintiff had access to $1 million auto limits. Ontario is a full joint and several liability jurisdiction so that 1% liability against the tavern would have resulted in a judgment for the entire $11 million. The law firm of Reisler Franklin LLP was acting on instructions from Lloyds Underwriters.
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DRI wants to hear about your win! Send a short summary and recent photo of yourself to Barb Lowery by e-mail (blowery@dri.org).
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Legislative Tracking
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Legislative Update — ASBESTOS
Ohio
OH HB 631: Trust claims.
• To enact sections 2307.951, 2307.952, 2307.953, and 2307.954 of the Revised Code to require claimants in asbestos tort actions to make certain disclosures pertaining to asbestos trust claims that have been submitted to asbestos trust entities for the purpose of compensating the claimant for asbestos exposure.
• 11/13/2008 – Referred to Committee on the Judiciary.
COMMERCIAL LITIGATION
Texas
TX SB 327: Personal information protections.
• An Act relating to a business's duty to protect sensitive personal information contained in its customer records.
• 11/24/2008 – Filed.
CONSTRUCTION LAW
New Jersey
NJ HB 1558: Solar energy systems.
• An Act concerning solar energy systems and supplementing portions of the Revised Statutes; requiring developers to offer solar energy systems in certain new home construction.
• 11/24/2008 – Approved by Senate with amendment.Ohio
OHIO
OH SB 275: Ohio Home Improvement Contractor Law.
• To enact sections 4722.01 to 4722.08 of the Revised Code to establish laws governing the practices of home improvement contractors and to provide civil remedies for home owners who are damaged by a home improvement contractor who violates the law.
• 11/13/2008 – Referred to Committee on the Judiciary.
TOXIC TORTS AND ENVIRONMENTAL LAW
Federal
FD HB 7284: CAA amendments.
• To amend the Clean Air Act to reduce greenhouse gas emissions from transportation fuel sold in the United States.
• 11/19/2008 – Introduced; referred to Committee on Energy and Commerce.
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Quote of the Week
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Generosity knows how to count, but refrains.
—Mason Cooley
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DRI Cares
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The law firm of Williams Venker & Sanders in St. Louis, Missouri and architecture firm, Trivers Associates recently organized a food drive that brought in 1,500 donations between the two firms. The collection was prompted by a call for action from the St. Patrick Center, a local organization that provides opportunities for self-sufficiency and dignity to persons who are homeless or at risk of becoming homeless. Recently, the center’s food pantry shelves have been emptying quicker than usual, due to a surge in the number of those facing economic hardships. The charity was extremely grateful to receive the large donation from Williams Venker & Sanders and Trivers Associates. Jan Rasmussen, Chief Development Officer of the St. Patrick Center, commented, “Whether it’s surplus office supplies, clothes for our ‘Suited for Success’ closet, casseroles for our client lunches or precious time spent helping us with our office work, donated goods and services make all the difference.”
[FULL STORY]
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Sending Your Submission
Are you or your law firm actively involved in community service or pro bono work? If so, DRI would like to hear about it. Please send a short article (750 words max) describing your involvement to Barb Lowery (blowery@dri.org). Representative submissions will be selected for inclusion in The Voice.
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DRI CLE Calendar
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Insurance Coverage and Practice
December 4-5, 2008
Sheraton New York Hotel and Towers, New York, New York
Ethical, Effective and Enjoyable Lawyering (webconference)
December 11, 2008
Global Warming Policies of the Obama Administration (webcast)
December 15, 2008
Defending Medical Monitoring Claims (webconference)
December 16, 2008
Dissecting the Anatomy of a Trucking Case — Suit Filed, Now What? (webconference)
December 18, 2008
Dissecting the Anatomy of a Trucking Case — The Trial and Beyond (webconference)
January 20, 2009
Civil Rights and Governmental Tort Liability
January 28-30, 2009
The Ritz-Carlton New Orleans, New Orleans, Louisiana
Sharing Success — A Seminar for Women Lawyers
March 5-6, 2009
Loews Santa Monica Beach Hotel, Santa Monica, California
Medical Liability and Health Care Law
March 11-13, 2009
Walt Disney World Dolphin, Lake Buena Vista, Florida
Damages
March 18-20, 2009
Bellagio, Las Vegas, Nevada
Toxic Torts and Environmental Law
March 19-20, 2009
Arizona Biltmore, Phoenix, Arizona
For all other seminars and webconferences, click here.
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Unfair Insurance Practices: A Compendium of State Law
DRI Defense Practice Form Book
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