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This Week's Double Feature
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Covering Your Assets with High/Low Agreements
By D. Gary Lovell
Carlock, Copeland & Stair, Atlanta, Georgia and Charleston, South Carolina
The trial of a catastrophic injury case presents the client, insurance company and attorney with a volatile mix of jury bias, severe injuries and potential run-away verdicts. Punitive damages, sometimes unlimited by statute, are frequently issues presented to the jury. The insurance limits, although substantial, may be insufficient given the severity of injuries in the close liability case. High/low agreements offer the client, the insurance company and attorney a means of reducing exposure to excessive verdicts.
[FULL STORY]
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It's Not Just for Kids: The Consumer Product Safety Improvement Act of 2008 and Its Impact on Product Liability Litigation (Part Two)
By Jeffrey A. Holmstrand
McDermott & Bonenberger, PLLC, Wheeling, West Virginia
CPSIA’S Potential Impact on Product Liability Litigation
A number of provisions in CPSIA will likely be of interest to product liability lawyers and others counseling clients involved in the consumer products industry over the coming months and years. I wish to address of a few of them.
[FULL STORY]
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DRI News
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2009 Annual Meeting
October 7-11
Sheraton Chicago Hotel & Towers
Chicago, IL
Don't miss this opportunity to attend DRI's Annual Meeting! Click here to register.
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Annual Meeting Features Programs by In-House Counsel for In-House Counsel
Hey, in-house counsel! Do you want: (1) tips on making critical decisions when the pressure is on? (2) ideas about what more you should expect from your outside lawyers? and (3) in-house counsel contacts that will help you through your next crisis? The Corporate Counsel Committee is providing programs that address these topics and more at the DRI Annual Meeting in Chicago on October 7–11, 2009.
[FULL STORY]
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Congratulations to DRI Second Vice President Henry M. Sneath on his appointment as chair of the Intellectual Property Section of the Pennsylvania Bar Association for 2009-2010. He is an intellectual property and commercial litigation principal attorney with the law firm of Picadio Sneath Miller and Norton, P.C. in Pittsburgh.
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Expanding Your Reach — How to Use Technology to Increase Productivity Outside of the Traditional Office (webcast)
Tuesday, September 22, 2009
1:30 p.m. – 3:00 p.m. Central
New technology presents the opportunity to have access to more information from more locations more quickly. The benefits of this are wide-ranging, from allowing attorneys who frequently travel to stay connected with their clients, to having a virtual office outside a courtroom during trial, to allowing firms to offer nontraditional work arrangements both to keep good employees and reduce their office overhead. Tune into this webcast to learn how to maximize your IT dollar and to leverage the technology you have for purposes beyond merely the traditional. Whether you are thinking about maternity leave, have a heavy travel schedule, or are just about to take that much needed vacation, this webcast will teach you what you need to know to stay “in the know” while you are away from your desk. To learn more, click here or register online at www.dri.org.
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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.
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And The Defense Wins!
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In May, DRI member Ted Agniel of Greensfelder, Hemker & Gale, P.C. in St. Louis, Missouri, successfully defended Nathaniel Murdock, M.D. on behalf of Physicians Professional Indemnity Association (PPIA) in a case arising from an OB-GYN procedure.
[FULL STORY]
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On May 20, 2009, DRI member Amy J. Kolczak of Owen, Gleaton, Egan, Jones & Sweeney, LLP, in Atlanta, Georgia, won a defense verdict in the State Court of Fulton County. Ms. Kolczak defended a radiologist and his radiology group against claims of battery, lack of informed consent and punitive damages after getting a claim for fraud, as well as claims against a second radiologist, dismissed prior to trial. The plaintiff's alleged injuries included a stroke, permanent disability and lost wages. The jury took 25 minutes to return a defense verdict.
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In May 2009, Mark Misiorowski, principal of the Misiorowski Law Group of Naperville, Illinois, teamed with his associate Joel Eagle to secure a highly favorable settlement for their client in the case of State of Illinois v. Ellinor. The State of Illinois alleged that the defendant caused a toxic ammonia gas release that resulted in residents and fire fighters being exposed to toxic ammonia gas, town evacuations, a fish kill, death to livestock and wildlife, and considerable impact to soil and groundwater. The defense team was able to reduce the state’s monetary demand by 83 percent and secure non-admission and non-penalty settlement language after their fact investigations led to amended affirmative defenses of unclean hands, equal protection/due process violations, and selective prosecution by the state.
[FULL STORY]
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The Colorado Court of Appeals recently upheld a summary judgment obtained by Benton Barton and Brian Molzahn of Hall & Evans LLC in Denver in Hamon Contractors, Inc. v. City of Louisville, ----- P. 3d -----, 2009 Colo. App. LEXIS 715 (April 30, 2009), in favor of their client, a national civil engineering firm, arising out of the application of the economic loss rule.
[FULL STORY]
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Keep those defense wins coming! Send a short summary in Word format and a recent photo (.jpg attachment) of yourself to Barb Lowery by email (blowery@dri.org).
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Quote of the Week
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Anyone can hold the helm when the sea is calm.
—Publilius Syrus
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DRI Cares
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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.
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DRI CLE Calendar
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Claims Involving a Medicare Beneficiary (webcast)
September 17, 2009
Expanding Your Reach—How to Use Technology to Increase Productivity Outside of the Traditional Office
(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
Civil Rights and Governmental Tort Liability
January 27-29, 2010
The Westin San Diego, San Diego, CA
For all other seminars, webconferences and webcasts, click here.
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Punitive Damages: A State-by-State Compendium
Current Issues in Medical Liability and Health Care Law
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