|
|  |
|
|
|
This Week's Feature
|
To Defer or Not to Defer: Plaintiff’s Choice of Forum in Class Action Litigation
By Gregory R. Farkas and Lindsey A. Carr
Frantz Ward LLP, Cleveland, Ohio
Motion for Transfer: A Beacon of Light in the Storm of Class Actions? Choice of venue is an important aspect of all class action litigation. Since the passage of the Class Action Fairness Act (CAFA), plaintiffs are increasingly filing class actions in federal court. This influx of litigation has increased the need to ensure the best possible venue for these cases.
[FULL STORY]
|
|
|
DRI News
|
Lise T. Spacapan, a partner in the Chicago office of Jenner & Block LLP, and her husband, Edward Spacapan, Jr., were profiled last month in Leading Lawyers Network Magazine—Business Edition. Within that feature, Ms. Spacapan, the chair of DRI’s Toxic Tort and Environmental Law Committee, talked about her DRI involvement, commenting that “DRI includes the best in-house lawyers as well as the best law firm partners….I hope to be able to lead and facilitate further interaction between these two groups.” Click here to read the entire article from Jenner & Block’s website. As committee chair, Lise T. Spacapan encourages all to attend and network at DRI’s Toxic Torts and Environmental Law Seminar, March 19-20, at the Arizona Biltmore in Phoenix. For information or to register for the seminar, click here or call Customer Service at 312.795.1101.
|
On-site Registration Is Available!
Sharing Success – A Seminar for Women Lawyers
March 5-6, 2009
Lowes Santa Monica Beach Hotel
Santa Monica, California
You may be thinking that 2009 is not the year to include seminar attendance in your CLE budget. But, 2009 may be the best year for a representative from your firm to attend a seminar that is based upon establishing and growing relationships with other lawyers who may become referral sources and direct interaction with potential clients. Please join the Women in the Courtroom Committee in Santa Monica for this outstanding opportunity to learn, listen and laugh together, as you receive guidance through mentoring and female-dedicated professional development instruction and activities.
[FULL STORY]
|
DRI Needs Your Expert Witness Documents
Have you just deposed a particular expert witness or recently examined an expert witness at trial and wish you could share that valuable information with other DRI members? DRI would like to receive copies of your expert witness depositions, trial transcripts, or other useful documents related to an expert. Your contribution to the DRI Expert Witness Database will continue making the database a valuable free research tool for DRI members. For each deposition and/or trial transcript sent to DRI, you will receive a credit voucher good for $15.00 towards the purchase of any single DRI publication. Documents will be accepted in most electronic formats and can be e-mailed to EWD@DRI.org. If an electronic version is unavailable, DRI can scan your paper copy. Please contact John Hovis, E-Publishing Manager, with any questions you may have.
|
Spread the Word! DRI’s 2009 Law Student Diversity Scholarship
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.
|
|
|
And The Defense Wins!
|
Quintairos, Prieto, Wood & Boyer, P.A. partner Thomas A. Valdez, chair of the firm’s Appellate Practice Group, who practices from the firm’s Tampa, Florida, office, secured a major victory for Tandem Healthcare, Inc., as well as for every nursing home operating in the state, in the case of Benjamin v. Tandem Health Care, Inc.
[FULL STORY]
|
DRI member James G. Stouffer, Jr., of counsel with Kutak Rock LLP in Little Rock, Arkansas, recently obtained a defense verdict for an orthopedic surgeon and a physical therapist in Hot Springs. The plaintiff claimed that the doctor negligently performed knee replacement surgery, and negligently performed a follow-up manipulation under anesthesia of the knee, which caused her to undergo a total revision of the joint. In addition, she claimed that the therapist negligently performed range of motion exercises on her knee which caused a fracture of her femur, necessitating an additional surgery.
[FULL STORY]
|
Jamie Travis, a member of the law firm of Page, Kruger & Holland, P.A., in Jackson, Mississippi, and Benny M. "Mac" May, a member of the law firm of DunbarMonroe, P.A., in Ridgeland, Mississippi, recently obtained summary judgment on behalf of the owners of an apartment complex, its management company, and the individual manager of the complex in a premises liability action arising from a double homicide at the complex.
[FULL STORY]
|
DRI members James C. Bradshaw III and Michael D. Hornback of Wyatt, Tarrant & Combs, LLP’s Nashville, Tennessee office recently obtained a defense verdict and recovered $36,238.00 on a counterclaim for a client in a breach of contract case. The plaintiff asserted that Wyatt's client breached a contract between the parties and asserted approximately $60,000 in damages. Wyatt's client asserted a counterclaim that the product manufactured by the plaintiff was defective and not in accordance with the contract entered into by the parties. After a week-long bench trial, the Honorable Ellen Hobbs Lyle returned a verdict in favor of Wyatt's client on the plaintiff's claim. Additionally, the court entered a judgment in favor of Wyatt's client in the amount of $36,238.00 on its counterclaim against the plaintiff.
|
DRI members James M. Campbell, Anthony J. Sbarra, Jr., Holly M. Polglase and Adam A. Larson, all from Campbell Campbell Edwards & Conroy of Boston, recently obtained summary judgment in favor of Chrysler LLC, Navistar, Inc., Daimler Trucks North America, LLC, and Toyota Motor Sales, U.S.A., Inc., in Kathleen A. Morin, Administratrix of the Estate of Geraldina M. Medeiros v. A.F. German Co., Inc., et al., C.A. No.: 05-4504, a product liability case pending in Massachusetts.
[FULL STORY]
|
Keep those defense wins coming! Send a short summary and recent photo of yourself to Barb Lowery by e-mail (blowery@dri.org).
|
|
|
Legislative Tracking
|
Legislative Update — APPELLATE ADVOCACY
Mississippi
MS SB 2966: Appeal bonds.
• An Act to establish maximum bond to stay a civil action.
• 02/11/2009 – Passed Senate; transmitted to House; referred to Judiciary Committee.
ASBESTOS
South Dakota
SD HB 1203: Successor liability.
• An Act to limit asbestos-related liabilities for certain successor corporations.
• 02/12/2009 – Passed House; introduced in Senate.
DRUG AND MEDICAL DEVICE
Michigan
MI HB 4316: Liability limits.
• An Act to rescind limitation on liability for drugs that have been approved by the FDA.
• 02/17/2009 – Introduced; referred to Committee on the Judiciary.
MI HB 4317: Statue of limitations.
• An Act regarding drug product liability cases previously prohibited because of FDA approval defense; to allow cases to be commenced within three years after repeal of the defense.
• 02/17/2009 – Introduced; referred to the Committee on the Judiciary.
EMPLOYMENT LAW
New Mexico
NM HB 493: Wage and hour violations.
• An Act relating to Employment Law, including state and local subdivisions in the Minimum Wage Act; providing for compensatory time pursuant to federal law; allowing the filing of complaints with the Labor Department; requiring employers to cooperate in investigations; and for related purposes.
• 02/08/2009 – Reported out of Judiciary Committee; do pass with amendments.
New York
NY HB 5414: Abusive work environments.
• An Act to establish a cause of action for employees who are subjected to an abusive work environment.
• 02/13/2009 – Introduced; referred to Committee on Labor.
Tennessee
TB SB 1664: Pay Equity in the Workplace Act.
• An Act to amend Tennessee Code Annotated, Title 50, Chapter 2, Part 2, relative to gender discrimination and equal pay.
• 02/12/2009 – Introduced.
EXPERT WITNESSES
Alabama
AL HB 531: Admissibility of testimony.
• This bill would provide for the expansion of the Daubert standard for determining the admissibility of a party's expert witness's testimony to all civil cases filed or litigated in Alabama.
• 02/17/2009 – Introduced; referred to Judiciary Committee.
INSURANCE LAW
Florida
FL SB 1650: Civil actions against insurers.
• An Act to authorize an insured to bring a civil action against an insurer when the insured is damaged by the commission of certain acts by the insurer; to require the insured and any person demanding settlement to cooperate with the insurer with regard to facilitating the settlement; to provide that the insurer of an insured or insureds is not liable for extracontractual damages for failing to pay the insurer's policy limits under certain circumstances, etc.
• 02/17/2009 – Filed.
Minnesota
MN HB 417: Policy breaches.
• A bill for an act relating to insurance; providing recovery of damages and attorney fees for breach of an insurance policy.
• 02/02/2009 – Introduced; referred to Commerce and Labor Committee.
Tennessee
TN SB 817: Discoverability of coverage.
• An Act to specify that in civil actions in which the plaintiff makes a demand for monetary damages, the extent, amount and other relevant information concerning any liability insurance coverage the defendant has is discoverable.
• 02/12/2009 – Introduced.
MEDICAL LIABILITY AND HEALTH CARE LAW
Oregon
OR SJR 22: Limits on damages.
• Proposes amendment to Oregon Constitution to limit awards of noneconomic damages in medical liability actions to $250,000. Refers proposed amendment to people for their approval or rejection at special election held on same date as next primary election.
• 02/16/2009 – Introduced.
TOXIC TORTS AND ENVIRONMENTAL LAW
Alabama
AL HB 530: Storage tank statutory amendments.
• This bill would amend the Alabama Underground and Aboveground Storage Tank Trust Fund statutes to clarify the trust fund's status as a state agency; redefine "motor fuels" to include fuel blends of gasoline, ethanol, and biodiesel; and provide for indemnification costs for cleanup of releases.
• 02/17/2009 – Introduced; referred to Commerce Committee.
|
|
|
Quote of the Week
|
Let me tell you the secret that has led me to my goal. My strength lies solely in my tenacity.
—Louis Pasteur
|
|
|
DRI Cares
|
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.
|
|
|
DRI CLE Calendar
|
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.
|
|
| |
|
|
Trucking Policyholder's Duty to Preserve Coverage
Trade Secrets and Agreements Not to Compete
|
