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This Week's Feature
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It's Not What You Say, But How You Say It — Tools For Successful Trial Presentation
By Timothy J. Gardner
Carlock, Copeland & Stair, LLP, Atlanta, Georgia
When I was a child, my mother often said to me "It's not what you said, but how you said it." This statement typically followed my reasonable explanation for something I said to one of my siblings that on its face was innocent, but could be misconstrued through delivery. Successful trial attorneys master presenting evidence to ensure that their message is delivered effectively and as intended. Trial czars are deliberate in the order in which trial evidence is presented and how to present evidence, so that the appropriate response is received from the jury. Although I am not a trial czar yet, this article highlights some practices that I have learned and developed to present at trial successfully.
[FULL STORY]
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DRI News
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Committee Leadership Conference
Under the leadership of First Vice President, R. Matthew Cairns, an excellent committee leadership program was held in Chicago on January 8-9. In addition to covering the usual topics, such as working with the Law Institute, DRI staff and the DRI website, the conference also addressed a number of committee issues, such as developing committees through existing DRI members and working with the newest substantive law group, the Corporate Counsel Committee. The program included presentations from DRI Immediate Past President John H. Martin and DRI President Marc E. Williams, as well as talks by an impressive group of committee leaders and members of the Board of Directors.
[FULL STORY]
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SAVE THE DATE!
Life, Health, Disability and ERISA Claims Seminar
April 22-24, 2009
Sheraton New York Hotel & Towers, New York, NY |
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Add This Must-Have Reference Guide to Your Library!
Unfair Insurance Practices
This new publication in the Defense Library Series explores insurance practices that are regulated by state statutes or administrative codes. The chapters for each of the 50 states (plus the District of Columbia and the Virgin Islands) are authored by leading attorneys who specialize in insurance defense and coverage. Each chapter focuses on approximately 25 issues, each accompanied by references to applicable state statutes or administrative codes.
[FULL STORY]
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And The Defense Wins!
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DRI member Catherine C. Reiter, partner in the Chicago office of HeplerBroom, recently obtained a verdict in favor of Dr. Vasant Acharya in Alexander v. Acharya, M.D., Cook County court number 04 L 11398. The minor plaintiff was born on October 17, 1996 at Rush Medical Center. At the time of delivery, the defendant obstetrician encountered shoulder dystocia, an emergency that occurs when the fetus’ shoulder gets caught behind the mother’s pubic bone, putting the infant at risk for nerve injury and brain damage.
[FULL STORY]
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DRI member Musa L. Eubanks with Insley and Race, LLC in Atlanta, recently obtained a favorable ruling on behalf of Appellant Howard University in a retaliation case. In Furline, et al. v. Morrison, 04-CV-1029, 04-CV-1114 (July 24, 2008), the District of Columbia Court of Appeals reversed a 2004 jury verdict in favor of Appellee Morrison, an employee of Howard University Hospital, with direction for the trial court to enter judgment in favor of Appellants.
[FULL STORY]
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Quintairos, Prieto, Wood & Boyer, P.A. trial attorneys David M. Tarlow of Ft. Lauderdale and Scott Boyer of Miami obtained a defense verdict on a premises liability matter on behalf of Wal-Mart Stores, Inc. On November 20, 2005, the 38-year-old plaintiff slipped and fell in water while attempting to grab a shopping cart from the cart corral stall. The plaintiff admitted seeing a caution cone in the middle of the cart corral stall but did not associate its placement there as a warning of danger with respect to the area where she fell.
[FULL STORY]
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DRI members Mitchell C. Chaney and Jaime A. Saenz of Rodriguez, Colvin, Chaney & Saenz, L.L.P., in Brownsville, Texas recently obtained a defense verdict in Duval County, Texas. They were defending a prominent Texas law firm in a legal malpractice case with allegations of breaches of fiduciary duty. The jury trial spanned over a five month period, starting in June and ending with the defense verdict in October.
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DRI members Michael Bonasso, Alonzo D. Washington and Susan Wong Romaine of Flaherty, Sensabaugh & Bonasso P.L.L.C. in Charleston, West Virginia and Edward C. Stewart of Wheeler Trigg Kennedy LLP in Denver, Colorado obtained a defense verdict for Ford Motor Company barring the plaintiff from proceeding with a products liability lawsuit that she filed after the statute of limitations. The plaintiff, appearing as the appointed conservator for her daughter, alleged that her daughter sustained a traumatic brain injury in a 2002 motor vehicle accident that rendered her “legally insane” under West Virginia law, thereby tolling the statute of limitations.
[FULL STORY]
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DRI wants to hear about your latest win! Send a short summary and recent photo of yourself to Barb Lowery by e-mail (blowery@dri.org).
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Leader Spotlight
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We are pleased this week to shine the DRI spotlight on Vickie Henry, the vice chair of DRI’s Commercial Litigation Committee. A partner in the Boston office of Foley Hoag LLP, Ms. Henry focuses her practice in the areas of intellectual property, commercial litigation and product liability. The intellectual property matters that Ms. Henry handles involve both patent litigation and analysis and litigation of trade secrets. She has represented corporate and individual clients (as plaintiffs and defendants), and her clients come from a diverse range of businesses and industries, including pharmaceuticals, medical devices, renewable energy, telecommunications and food processing equipment.
[FULL STORY]
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Legislative Tracking
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Legislative Update — EMPLOYMENT LAW
Federal
FD HB 11: Discrimination.
• A bill to amend Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages, and for other purposes.
• 01/12/2009 – House passage; received in the Senate.
FD HB 67: Accountability.
• A bill to amend and to strengthen accountability features introduced by the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, and for other purposes.
• 01/06/2009 – Introduced; referred to Judiciary Committee.
GOVERNMENTAL LIABILITY
New York
NY HB 1362: Municipal liability relief.
• An Act to exempt tax districts from obligation or liability with respect to pre-existing environmental contamination or pollution; expands the jurisdiction of the court of claims; establishes there is an assumption of risk by public recreational facilities users.
• 01/07/2009 – Introduced; referred to Committee on the Judiciary.
Oregon
OR SB 311: Amounts recoverable.
• An Act to increase amounts recoverable in tort actions against public bodies; to provide different limits for tort actions against state and for tort actions against other public bodies; to provide for future increases in limits based on Consumer Price Index; to provide for direct review by Supreme Court to determine whether application of limitations is constitutional under facts of specific case; and for related purposes.
• 01/12/2009 – Introduced.
MEDICAL LIABILITY AND HEALTH CARE LAW
Federal
FD SB 45: Reducing liability burden.
• A bill to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.
• 01/06/2009 – Introduced; referred to Committee on Health, Education, Labor, and Pensions.
MISCELLANEOUS
Federal
FD HB 440: Small business protections.
• An Act to provide small businesses certain protections from litigation excesses.
• 01/09/2009 – Introduced.
Oregon
OR HB 2286: Relating to damages.
• An Act to increase the amount of noneconomic damages that may be awarded in civil action seeking damages arising out of bodily injury.
• 01/12/2009 – Introduced; referred to Committee on the Judiciary.
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Quote of the Week
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Courage is being scared to death – but saddling up anyway.
— John Wayne
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DRI CLE Calendar
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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
Communicating with Potential Plaintiffs in Class Actions (webconference)
February 3, 2009
Strategies for Success in Drug and Medical Device Litigation (webconference)
February 10, 2009
Attorneys' Fees under ERISA: Recent Developments and Trends (webconference)
February 17, 2009
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
Insurance Coverage and Claims Institute
April 1-3, 2009
The Westin Michigan Avenue Chicago, Chicago, Illinois
Product Liability Conference
April 15-17, 2009
Hilton San Diego Bayfront, San Diego, California
For all other seminars and webconferences, click here.
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Trade Secrets and Agreements Not To Compete
Products Liability Defenses—2007
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