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This Week's Double Feature
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Reducing the Legal Risks Associated with a Reduction in Force
By Lori Rittman Clark
Hinckley, Allen & Snyder, LLP, Hartford, Connecticut
In these troubled economic times, many of our clients are resorting to reductions in force (“RIFs”) as a cost-cutting measure. A RIF raises a host of complex legal issues that clients will need assistance in navigating. The following is a discussion of the major legal considerations involved in a RIF and the potential pitfalls to be avoided.
[FULL STORY]
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ADA Amendments Act: The Case against Retroactive Application
By Robert J. Toy
Post & Schell, P.C., Philadelphia, Pennsylvania
The ADA Amendments Act (“ADAAA” or “Amendments”) was signed into law September 25, 2008, with the intention of “restor[ing] the intent and protections of the Americans with Disabilities Act.” The Amendments became effective January 1, 2009, and greatly expand the scope of the ADA. The ADA outlaws discrimination, including employment discrimination, on the basis of one’s “disability,” as that term is statutorily defined. Congress believed the ADA had been narrowly interpreted by the courts, and sought in the Amendments to expand the statute’s coverage.
[FULL STORY]
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DRI News
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DRI’s 2009 Law Student Diversity Scholarships
The Law Student Diversity Scholarship program is open to incoming second- and third-year African American, Hispanic, Asian, Pan Asian and Native American students. Incoming second- and third-year female law students are also eligible, regardless of race or ethnicity. Two scholarships in the amount of $10,000 each will be awarded to successful applicants. The application and all other requested material must be received by May 8, 2009. To download the scholarship application, click here. Please pass this information along to the law schools in your area.
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Toxic Torts and Environmental Law Seminar
March 19-20, 2009
Arizona Biltmore
Phoenix, AZ
Join us in Phoenix for the exclusive opportunity to build your practice while networking with colleagues from across the country. Nothing ever stays the same in toxic tort litigation. Advances in science and medicine create opportunities for defense lawyers to work with their clients to develop innovative ways to better defend companies in toxic tort actions. However, those same developments also create potential pitfalls and new challenges. This seminar will educate you on many of the latest scientific, medical and legal developments impacting toxic torts and equip you with the technical knowledge and practical litigation strategies you will need to represent your clients more effectively in this changing legal landscape. To register now, click here or call 312.795.1101 for more information!
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DRI’s Newest Publication!
DRI is pleased to announce the publication of a new compendium of the law of all 50 states - Trucking Policyholder’s Obligation to Preserve Coverage. This publication outlines the obligations of trucking policy insurers and their insureds regarding breaches of policy conditions that require notice of claims and suits and cooperation in the defense of claims and suits. The 50 chapters of this 232 page publication cover the pertinent law and practice in each state. All of the authors are experienced attorneys who regularly practice in the fields of trucking and transportation law and insurance law.
Don’t wait, order your copy today!
Price: CD–$85 Hard copy–$135
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And The Defense Wins!
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On January 8, 2009, DRI member Walter Judge of Downs Rachlin Martin PLLC in Burlington, Vermont, obtained a defendant's verdict for Hannaford's Supermarket in Addison County Superior Court in Middlebury, Vermont. On a damp day in the middle of summer, 2006, Frances O'Bryan, the 72-year-old plaintiff, slipped on her wet shoes in the store’s vestibule as she stepped off the recessed entrance grate onto a tile floor. She broke her hip, and eventually incurred more than $100,000 in medical bills between surgeries and physical therapy. The plaintiff's husband, Robert, sued for loss of consortium. The plaintiffs offered the testimony of an expert on retail store safety who opined that Hannaford had violated industry standards by not having a floor mat on the tile floor where the customers stepped off the recessed entrance grate.
[FULL STORY]
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DRI members Genese Kay Dopson and Dennis E. Raglin of the San Francisco office of Sedgwick, Detert, Moran and Arnold LLP obtained a defense verdict for their medical device client, ConMed Corporation, following a seven-week trial in Santa Clara County, California. ConMed and the treating physician were the defendants in the case of an eight-year-old boy who experienced an airway fire while undergoing a tonsillectomy.
[FULL STORY]
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DRI members Timothy F. Casey and Nicole E. Wilinski of Kelley, Casey & Moyer, P.C. in St. Clair Shores, Michigan prevailed on appeal in an environmental insurance coverage case on behalf of Amerisure Mutual Insurance Company. The case is Tenneco, Inc. v. Amerisure Mutual Insurance Company, Michigan Court of Appeals No. 275861.
[FULL STORY]
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In September 2008, DRI members Richard Ramsey and Holly Howanitz of Wicker, Smith, O'Hara, McCoy & Ford, P.A. in Jacksonville, Florida, obtained a defense verdict in a two-week medical malpractice trial. On February 14, 2005, the plaintiff suffered a stillbirth at Baptist Medical Center. She alleged that the defendant, an obstetrician/gynecologist, was negligent in failing to order extra ultrasounds or fetal surveillance, in light of the fact that the plaintiff was 45 years old and, as such, at high risk. The plaintiff further alleged that she suffered from permanent cognitive deficits as a result of untreated preeclampsia.
[FULL STORY]
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John L. Tate and O. Scott Barber, members with Stites & Harbison PLLC in Louisville, Kentucky, and Richard T. Coyne, a partner with Wegman Hessler & Vanderburg in Cleveland, Ohio, obtained a defense verdict for MTD Products in the Western District of Kentucky. The decedent died after his Zero Turn Radius riding mower slid into a steep ditch on his property. The plaintiff alleged that MTD negligently designed the mower, and that the mower was defective because it lacked a rollover protective structure. In designing the mower, MTD followed all applicable ANSI standards. The plaintiff demanded $7 million in compensatory, pain and suffering and punitive damages. During cross examination, plaintiff's expert conceded that he conducted no tests or experiments before testifying that rollover protection would have prevented the decedent's death.
[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 to feature Laurie K. Miller of the Cary, North Carolina, office of Ellis & Winters. Ms. Miller’s involvement with DRI is extensive. She is currently serving as second vice chair of the Young Lawyers Committee, steering committee member and webconference chair for the Commercial Litigation Committee, and she has recently been appointed to serve on DRI’s Membership Committee, working specifically on the Law School Initiative. Ms. Miller is also an active member of the Drug and Medical Device and Product Liability Committees.
[FULL STORY]
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Legislative Tracking
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Legislative Update — ASBESTOS
Washington
WA SB 5964: Successor liability.
• An Act relating to asbestos-related liabilities and consumer and worker injuries; adding a new chapter to Title 23 RCW; and declaring an emergency.
• 02/10/2009 – Introduced; referred to Labor, Commerce and Consumer Protection Committee.
GOVERNMENTAL LIABILITY
Rhode Island
RI HB 5371: Pre-judgment interest.
• This act would prevent the awarding of pre-judgment interest for pecuniary damages against the state and municipalities. It would also limit post-judgment interest against them. It would prevent employees, officials of the state or local municipalities or districts from being sued in their personal capacity except when the act or omission was not within the scope of employment or because of fraud, willful misconduct or actual malice. Finally, it would redefine the term “joint tortfeasors” concerning public entities or employees.
• 02/10/2009 – Introduced; referred to Judiciary Committee.
EMPLOYMENT LAW
New York
NY SB 1823: Abusive work environments.
• A bill to establish a civil cause of action for employees who are subjected to an abusive work environment.
• 02/09/2009 – Introduced; referred to Labor Committee.
INSURANCE LAW
Connecticut
CT SB 894: Policy limits disclosure.
• An Act to allow injured parties to obtain information about a tortfeasor's liability insurance policy limits without being required to file an action in court and subsequently seek discovery of such information.
• 02/11/2009 – Introduced; referred to Committee on Insurance and Real Estate.
MEDICAL LIABILITY AND HEALTH CARE LAW
Federal
FD HB 2: SCHIP Extensions and Improvements.
• To amend title XXI of the Social Security Act to extend and improve the Children's Health Insurance Program, and for other purposes.
• 02/04/2009 – Signed by President.
Tennessee
TN HB 289: Tort liability and reform.
• An Act to replace the term "medical malpractice" with "health care liability action" and revise provisions concerning damages, attorney fees, and other matters in such actions
• 02/09/2009 – Introduced.
PRODUCT LIABILITY
Arizona
AZ HB 2610: Affirmative defenses.
• A bill to amend sections of the Arizona Revised Statutes relating to civil actions; to provide for affirmative defenses to avoid liability.
• 02/09/2009 – Introduced.
MISCELLANEOUS
Montana
MT LD 2039: Payment of damages.
• An Act establishing criteria for when a person may request the payment of compensatory damages prior to the final adjudication of the person’s claim.
• 02/09/2009 – Draft ready for delivery.
New Hampshire
NH HB 686: Human Rights Commission complaints.
• This bill limits the complainant’s right to remove the case for jury trial to superior court in a case before the human rights commission.
• 02/04/2009 – Vacated from Commerce & Consumer Affairs Committee and referred to Judiciary Committee; public hearing 03/03/09.
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Quote of the Week
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Great men are rarely isolated mountain-peaks; they are the summits of ranges.
—Thomas Wentworth Higginson
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DRI CLE Calendar
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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
Commercial and Intellectual Property Litigation Symposium
April 22-24, 2009
Wyndham Chicago, Chicago, Illinois
Life, Health, Disability and ERISA
April 22-24, 2009
Sheraton New York Hotel & Towers, New York, New York
Employment Law
April 30-May 1, 2009
JW Marriott Orlando, Grande Lakes, Orlando, Florida
Electronic Discovery
May 7-8, 2009
Hilton New York, New York, New York
For all other seminars and webconferences, click here.
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Evidentiary Privileges for Corporate Counsel
Products Liability Defenses—2007
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