|
|  |
|
|
|
This Week's Feature
|
It's Not Just for Kids: The Consumer Product Safety Improvement Act of 2008 and its Impact on Product Liability Litigation (Part One)
By Jeffrey A. Holmstrand
McDermott & Bonenberger, PLLC, Wheeling, West Virginia
In June, my brothers and I were fortunate enough to proudly celebrate the 50th wedding anniversary of our parents, John and Mary Holmstrand. As children of the Sixties, our formative years for the most part passed by unprotected by the oversight of a federal agency charged with the regulation of consumer products. Even after the formation of the Consumer Product Safety Commission in 1972, we still had to survive on our wits and pluck, as there were practically no rules specific to products marketed for children under the age of 12. Somehow, we all made it to adulthood.
[FULL STORY]
|
|
|
DRI News
|
Congratulations to DRI’s Annual Professional Achievement and Service Award Winners. They will be honored at the Awards Luncheon, October 8, at DRI's Annual Meeting.
G. DUFFIELD SMITH OUTSTANDING PUBLICATION AWARD
2008 Recipient: Heather K. Kelly, Gordon & Rees LLP, Denver, CO; Jonathan Allan Klein, Kelly Hockel & Klein PC, San Francisco, CA; Annmarie M. Liermann, Kelly Hockel & Klein PC, San Francisco, CA; James M. Meseck, White & Steele PC, Denver, CO
February 2008 For The Defense Article
“Making the Possible Impossible: Medicare Reimbursement Problems”
RUDOLPH A. JANATA AWARD
Recognizing an Outstanding Defense Bar Association
2008 Recipient: Defense Counsel of Rhode Island
President: Robert J. Quigley, Jr.
Executive Director: Michael B. Isaacs
FRED H. SIEVERT AWARD
Recognizing an Outstanding Defense Bar Leader
2008 Recipient: Robert H.S. Schaffer, Radiology Business Solutions, Flint, MI
LAW FIRM DIVERSITY AWARD
2009 Recipient: Womble Carlyle Sandridge & Rice PLLC
OUTSTANDING STATE REPRESENTATIVE AWARD
2008 Recipient: Peter J. Hersha, Nationwide Insurance, Columbus, OH
DAVIS CARR OUTSTANDING COMMITTEE CHAIR AWARD
2008 Recipient: Kelly A. Freeman, Corporate Counsel, Meadowbrook Insurance Group, Southfield, MI
RICHARD H. KROCHOCK AWARD
2008 Recipient: Linda M. Lawson, Meserve Mumper & Hughes LLP, Los Angeles, CA
COMMUNITY SERVICE AWARD
2008 Recipient: David M. Davis, Davis & Wilkerson PC, Austin, TX
LOUIS B. POTTER LIFETIME PROFESSIONAL SERVICE AWARD
2008 Recipient: Burton J. Johnson, Looney Nichols & Johnson PLLC, Oklahoma City, OK
|
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. Commemorate the end of the Annual Meeting Saturday evening at the President’s Gala with a performance by The Second City improvisational theater group. You can purchase tickets for both these events online at www.dri.org or call DRI Customer Service at 312.795.110.
|
DRI’s Women in the Courtroom Committee and Young Lawyers Committee Launch New Mentoring Program for Young Women Attorneys
The Women in the Courtroom Committee and the Young Lawyers Committee are proud to present their new Mentoring Program designed to assist young women attorneys in career development and to achieve success. This jointly sponsored program does not endeavor to replace mentoring that law firms already have in place for their attorneys. Instead, this is a unique opportunity for interested young female members of the Young Lawyers Committee to benefit from the knowledge and experience of successful DRI members. This program will be launched soon. Be on the lookout for a DRI members' email to get involved.
[FULL STORY]
|
The Impact of Caperton v. Massey Coal Co. on the Filing and Opposing of Recusal Motions (webcast)
Thursday, September 24, 2009
1:30 p.m. – 3:00 p.m. Central
Sponsored by DRI's Appellate Advocacy Committee, this webcast is designed to help litigators and others understand the practical implications of the United States Supreme Court’s recent decision in Caperton v. Massey Coal Co. In Caperton, the Court reversed a decision of the West Virginia Supreme Court because a West Virginia justice refused to recuse himself after receiving contributions from a principal of a coal company that was a party in the case. In addition to discussing the history and arguments of the case, this program will teach you the themes from the opinion that can result in new types of recusal motions in state court systems where judges are chosen by elections. The webcast will also cover what states and judges can be expected to do to protect themselves from recusal motions. To learn more, click here or register online at www.dri.org.
|
Aviation Crisis Management: What to Do When the Phone Rings at 2 a.m.
Tuesday, September 15, 2009
1:30 p.m. – 3:00 p.m. Central
This webcast is designed to help aviation litigators, counselors, in-house counsel and insurance claims personnel understand what to expect if called upon by a client to assist in the aftermath of an aviation disaster and how to counsel their clients accordingly. Experienced professionals will review the National Transportation Safety Board’s rules and procedures, the Aviation Disaster Family Assistance Act, crisis planning and response, and the critical steps counsel and their clients need to take immediately upon receiving notice of a disaster. In addition, the program will review legal and practical consequences of actions taken in the immediate, post-disaster environment. To learn more about this webcast, click here or register online at www.dri.org.
|
|
|
And The Defense Wins!
|
On June 18, 2009 DRI member, Daniel E. Cummins of the Scranton, Pennsylvania law firm of Foley, Cognetti, Comerford, Cimini & Cummins won a pre-trial dismissal of a case against his client, C&A Industries, in a property damage case. The plaintiff-tenant electronics company alleged that it had sustained thousands of dollars in property damages 14 years ago when its possessions located in a building owned by the defendant-landlord were allegedly damaged as a result of a collapsing of an allegedly negligently maintained roof on the premises.
[FULL STORY]
|
DRI members Peter Spataro and Amy Sumner of Moser & Marsalek, P.C. in St. Louis, Missouri, prevailed in defending cardiologist Dr. Mark Chin in a wrongful death case tried in Jefferson County, Missouri. The plaintiffs, the family of the decedent, Jamie Swyers, alleged Dr. Chin was negligent in failing to order a stress test that would have led to the discovery and successful treatment of significant coronary artery disease.
[FULL STORY]
|
DRI members Stephen Strauss of Bryan Cave in St. Louis, Missouri, and Clay Guise of Dykema Gossett in Bloomfield Hills, Michigan, won a defense verdict for Ford Motor Company in a product liability action alleging that the exhaust system for the 1997 Ford Explorer was defective or negligently designed. The case arose from a March 2005 accident in which Sergio Ayala, the driver, who had been drinking alcohol before the accident, suffered serious burn injuries and Javier Garcia, who was lying down in the rear cargo area, died after their SUV struck a tree at 60 mph.
[FULL STORY]
|
DRI members Frank Albetta, Chris Hinnant and Melody Canady of the Wilmington, North Carolina office of Cranfill Sumner & Hartzog LLP obtained dismissal of a $24 million lawsuit filed against Cooperative Bank of Wilmington, now First Bank, in the federal District Court for the Eastern District of Virginia. The complaint in the case – over 200 pages and 1,300 paragraphs long – was filed on behalf of 130 purchasers of lots in coastal development communities in North Carolina and South Carolina, and named Cooperative as a defendant, along with developers, marketers, six other mortgage lender banks and others.
[FULL STORY]
|
On May 29, 2009, the New Mexico Court of Appeals denied new trial and affirmed the verdict for defendants in Kilgore vs. Fuji Heavy Industries Ltd., et al., N.M. Ct. App. No. 27,470, 5/29/09). Takata Seat Belts Inc. was represented by David R. Kelly of Bowman and Brooke LLP in Minneapolis, Minnesota and Douglas A. Baker of Atkinson Thal & Baker, PC in Albuquerque, New Mexico. Fuji Heavy Industries was represented by Thomas M. Klein of Bowman and Brooke LLP in Phoenix, Arizona and Patrick M. Shay of Rodey, Dickason, Sloan, Akin & Robb, P.A. in Albuquerque. The plaintiffs were represented by Peters & Lister, P.C. in Dearborn, Michigan, and Comeau, Maldegen, Templeman & Indall, LLP in Santa Fe, New Mexico.
[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).
|
|
|
Quote of the Week
|
For every minute you remain angry, you give up sixty seconds of peace of mind.
—Ralph Waldo Emerson
|
|
|
DRI CLE Calendar
|
|
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
Preparing Local Governments for New E-Discovery (webconference)
September 29, 2009
Online Networking 101 – How to Grow Your Practice Using the Internet (webcast)
Thursday, October 1, 2009
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
|
