|
|  |
|
|
|
This Week's Feature
|
MASSACHUSETTS ADOPTS “PRO RATA” ALLOCATION
By John T. Harding
Morrison Mahoney LLP, Boston, Massachusetts
In a case that has been watched at least as closely by policyholders and the insurance industry as whether Paul Revere would hang one lantern or two in the steeple of the Old North Church, the Supreme Judicial Court (SJC) decided on July 24, 2009, that Massachusetts would adopt a “pro rata by time on the risk” allocation method for long-tail claims that cause damage in more than one policy period. Boston Gas Company v. Century Indemnity Company, et al., 454 Mass. 337, 2009 Mass. LEXIS 419 (2009). Having chosen to find a reason to avoid deciding the issue in several cases that presented the question earlier, in response to questions certified to it by the First Circuit Court of Appeals, the SJC concluded that the “during the policy period” language contained in CGL policies means what it says and does not require an insurer to provide coverage for property damage that takes place outside the policy period.
[FULL STORY]
|
|
|
Legal News
|
U.S. First Circuit Changes Course in Textron; Holds Tax Accrual Workpapers Are Not Protected After All
An en banc hearing by the First Circuit Court of Appeals has resulted in a reversal of the First Circuit’s prior decision that the work product doctrine could protect the schedules and supporting documentation behind a company’s reserve for contingent tax liabilities (tax accrual workpapers). The decision has significant implications for taxpayers’ ability to protect their tax accrual workpapers from discovery and also has important work product implications for non-tax lawyers as well. Click here for the full report. (DRI thanks Mayer Brown LLP for this contribution. For more information, visit www.mayerbrown.com)
|
|
|
DRI News
|
Nominating Committee and Elections
DRI President Marc E. Williams and the DRI Executive Committee have announced the 2009 Nominating Committee that will convene at the Annual Meeting this October in Chicago. Members of this year’s committee include past presidents Richard T. Boyette, who will serve as chair, David E. Dukes and Patrick A. Long. The at-large members of the Nominating Committee are Cheryl E. Diaz of Dallas, Texas, and Terrence L. Graves of Richmond, Virginia. We are grateful to these individuals for their dedication and continued service to DRI.
The individuals who have filed declarations of candidacy for Second Vice President are Kimberly D. Baker of Williams Kastner in Seattle, Washington; Charles H. Cole of Schuyler, Roche & Crisham, P.C. in Chicago, Illinois; Jay Barry Harris of Fineman Krekstein & Harris, P.C. in Philadelphia, Pennsylvania; Mary Massaron Ross of Plunkett Cooney in Detroit, Michigan; and Thomas F. Segalla of Goldberg Segalla LLP in Buffalo, New York.
Those who have declared their candidacy for National Director include Robert D. Allen of Meckler Bulger Tilson Marick & Pearson LLP in Dallas, Texas; Donna L. Burden of Burden, Gulisano & Hickey, LLC in Buffalo, New York; David E. Chamberlain of Chamberlain • McHaney in Austin, Texas; John E. Cuttino of Turner, Padget, Graham & Laney, P.A. in Columbia, South Carolina; Neva G. Lusk of Spilman Thomas & Battle, PLLC in Charleston, West Virginia; and David M. Wilson of Wilson & Berryhill, P.C. in Birmingham, Alabama.
|
2009 Annual Meeting
October 7-11
Sheraton Chicago Hotel & Towers
It’s not too late…
Tickets are still available for the Awards Luncheon and President’s Gala. Joseph H. Hartzler, Assistant U.S. Attorney for the Central District of Illinois and the government’s lead counsel in the Oklahoma City bombing case, is speaking at the Awards Luncheon on Thursday afternoon. Commemorate the end of the Annual Meeting Saturday evening at the President’s Gala with a performance by The Second City improvisational theater group. Register by September 9 to receive $100 off the registration fee. You can purchase tickets for both these events online at www.dri.org.
|
Membership Directory
Be sure to add your bio and download your photo to DRI’s Membership Directory. To complete this process, log onto www.dri.org and click on “My Account” located in the upper right-hand corner. Feel free to call Customer Service at 312.795.1101 for support.
|
DRI’s Construction Law Seminar
September 10-11, 2009
The Palace Hotel, San Francisco
This year’s seminar presents outstanding educational and networking opportunities that should not be missed. An impressive group of nationally recognized speakers will share their expertise on a wide range of important topics for construction lawyers and their industry and insurance clients. Several emerging topics in the construction industry will be addressed, and topics of ongoing interest will be updated. There will be conventional single speaker presentations on such topics as “green construction,” using the new AIA contracts in litigation, and a presentation on the legal challenges facing the construction industries as more disputes and entities end up in bankruptcy court. We will also have a “hands-on” session in which you can participate in the construction of an actual building component. To register now, click here or call 312.795.1101 for more information!
|
|
|
And The Defense Wins!
|
On April 23, 2009, DRI members C. Bradford Marsh, S. DeAnn Bomar and Ashley W. Broach of Swift, Currie, McGhee & Hiers LLP in Atlanta, Georgia, obtained a defense verdict in a product liability case against a motorcycle helmet manufacturer. The plaintiffs' lawyer, W. Fred Orr II of Decatur, Georgia, brought claims against the manufacturer for negligence and strict liability, including failure to warn, after a 17-year-old, who was a passenger on the back of her 19-year-old boyfriend's motorcycle, was killed when the bike she was on collided with another motorcycle. Plaintiffs' decedent was wearing a size large helmet, which flew off her extra small sized head after the bikes collided and she was thrown in the air.
[FULL STORY]
|
In a case of first impression, the Illinois appellate court has rejected an attempt to extend a duty in an asbestos premises liability case to a person who had no contact with the premises, but claimed injury from secondary exposure. The appellate court upheld the granting of summary judgment to defendant Aurora Equipment, ruling that an insufficient relationship existed between the decedent and the premises to impose a duty on the premises owner to protect decedent from injury. DRI member Douglas M. Sinars, a partner with Matushek, Nilles & Sinars, L.L.C. in Chicago, teamed with an associate to successfully represent Aurora Equipment.
[FULL STORY]
|
DRI member Bruce Keplinger of Norris & Keplinger, LLC, in Overland Park, Kansas, teamed with an associate recently to achieve a defense verdict for Dr. Carl Myers in Platte County, Missouri. The claim was for the wrongful death of Leon Wolf, age 87, who died on February 20, 2007. No autopsy was performed. Mr. Wolf had previously been admitted to Garden Valley Manor & Rehab, LLC (a skilled nursing facility) for rehabilitation of a broken left hip. He was admitted on January 26, 2007, with a history of low platelet count, atrial fibrillation, prosthetic heart valve, heart disease and poor nutrition. He was on Coumadin, a blood thinner, at the time of his admission.
[FULL STORY]
|
DRI members Richard W. Lewis and Jeb Stewart of Austill, Lewis & Pipkin, P.C., in Birmingham, Alabama, recently won summary judgment on behalf of an insurance agent and his agency in the Circuit Court of Jefferson County, in a case titled Richard Gross v. Time Insurance, et. al. The case involved claims for misrepresentation, suppression and conspiracy, arising from the allegations that the agent and agency agreed to reinstate a lapsed policy of health insurance, but instead secured a new policy at a higher premium. The court agreed with the defense that the plaintiff's receipt of the allegedly altered application, which he then signed, defeated reasonable reliance.
|
DRI members Patrick C. (Rick) Quinlivan of Quinlivan Wexler LLP in Santa Ana, California, national counsel for Manchester Tank & Equipment Company, and Robert J. Curtis of Civerolo, Gralow, Hill & Curtis P.A. in Albuquerque, New Mexico, successfully defended Manchester in a product liability case in Albuquerque. The case involved claims for personal injury, property damage and business losses due to the rupture of 106 gallon ASME propane tank that was manufactured by Manchester in 1998. The plaintiffs claimed that the tank was defectively manufactured, due to an inadequate weld and that it failed to meet the applicable design criteria. The defense prevailed on all claims.
[FULL STORY]
|
DRI wants to hear about your latest win! Send a short summary and recent photo of yourself to Barb Lowery by email (blowery@dri.org).
|
|
|
New Member Spotlight
|
DRI is pleased to welcome new member Hugo P. Rojas. Mr. Rojas is an associate with the litigation and immigration groups at Gonzalez Saggio & Harlan LLP, one of the largest minority-owned law firms in the country, headquartered in Milwaukee, Wisconsin.
[FULL STORY]
|
|
|
Quote of the Week
|
The best way to appreciate your job is to imagine yourself without one.
—Oscar Wilde
|
|
|
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
|
Payer Statute and the Medicare, Medicaid and SCHIP Extension Act: Impact on Litigating Personal Injury (webcast)
August 26, 2009
Construction Law
September 10-11, 2009
The Palace Hotel, San Francisco, California
Nursing Home/ALF Litigation
September 10-11, 2009
The Westin Kierland, Scottsdale, Arizona
MMSEA Section 111 Reporting: Are You Ready? (webcast)
September 10, 2009
Aviation Crisis Management (webcast)
September 15, 2009
Claims Involving a Medicare Beneficiary (webcast)
September 17, 2009
Expanding Your Reach (webcast)
September 22, 2009
The Impact of Caperton v. Massey Coal Co. (webcast)
September 24, 2009
Strictly Automotive
September 24-25, 2009
Hilton La Jolla Torrey Pines, La Jolla, California
Appellate Advocacy
November 5-6, 2009
Hilton La Jolla Torrey Pines, La Jolla, California
Asbestos Medicine
November 12-13, 2009
Fontainebleau Miami Beach, Miami, Florida
Insurance Coverage and Practice
December 3-4, 2009
Sheraton New York Hotel & Towers, New York, New York
Best Practices for Law Firm Profitability
December 3-4, 2009
Sheraton New York Hotel & Towers, New York, New York
For all other seminars, webconferences and webcasts, click here.
|
|
| |
|
|
Current Issues in Medical Liability and Health Care Law
Defending Damages Claims in Business Tort Cases
|
