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This Week's Feature
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ERISA Administrative Safeguards: Evidence of Compliance Verification
By Leonor M. Lagomasino
Carlton Fields PA, Miami, Florida
ERISA requires a claims administrator to disclose documents evidencing its compliance with mandated administrative safeguards and procedures. One can easily imagine the potential for discovery abuses under this requirement by a claimant embarking on a fishing expedition, trolling for confidential claims manuals, guidelines, claims management reports, personnel reviews, and on and on.
[FULL STORY]
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Legal News
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Second Circuit Decision on Jurisdiction Under Class Action Fairness Act Could Have Dire Consequences
In County of Nassau v. Hotels.com, the U.S. Court of Appeals for the Second Circuit recently refused to consider the merits of an appeal from an order dismissing a class-action complaint after deciding sua sponte that there was a question about whether federal subject-matter jurisdiction existed. The Second Circuit remanded the case to the district court with instructions “to determine whether class certification is appropriate” in the course of assessing the existence of jurisdiction under the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. § 1332(d)(5). Applying the Second Circuit’s approach to class actions more broadly would undercut the core purpose of CAFA: to ensure that federal courts hear most class-action lawsuits.
[FULL STORY]
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DRI News
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Newly Elected Regional Directors
DRI is pleased to announce the election results for the four new regional directors. John J. McDonough of Cozen O'Connor, PC in New York, New York, will represent the Atlantic Region. The North Central Regional seat on the board of directors has been filled by Steven R. Schwegman of Quinlivan & Hughes, PA in St. Cloud, Minnesota. James D. Holland of Page Kruger & Holland, PA in Jackson, Mississippi, is the newly elected director from the Southern Region. Representing the Southwest Region is Kevin Driskill of the Driskill Law Firm in Oklahoma City, Oklahoma.
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On-site Registration Is Always an Option!
Did you decide at the last minute that you want to attend the 2009 Annual Meeting in Chicago, but think it’s too late? Well, it’s never too late to register on-site! Don’t miss this opportunity to celebrate 50 years of leadership, excellence and education at the 2009 DRI Annual Meeting in Chicago! Click here or call 312.795.1101 for more information.
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Appellate Advocacy Seminar
November 5-6, 2009
Hilton La Jolla Torrey Pines
La Jolla, California
At DRI’s eighth Appellate Advocacy Seminar, you will be treated to a distinguished faculty of judges, professors and practitioners. They will discuss practical points in writing, arguing and winning in your appellate practice; ethical issues in appellate practice; how to build an appellate practice; the use of moot courts; the client’s views of the use of appellate specialists in litigation; and a reflection on the great appellate lawyer and President, Abraham Lincoln. Come enhance your knowledge, hone your skills and see friends and colleagues from around the country. To register now, click here or call 312.795.1101 for more information!
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New Release!
The newest publication in the Defense Library Series, Punitive Damages: A State-by-State Compendium, covers the law of each state (plus the District of Columbia and Canada) governing punitive damages. Each chapter is authored by experienced practitioners who are members of the DRI Product Liability Committee. The following topics are addressed in detail: background and basics; pleading; discovery; proof; defenses; jury instructions; amounts recoverable; who recovers; insurance/indemnity issues; appeals; miscellaneous considerations. Click here to pre-order your copy today and for more information on this new release!
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And The Defense Wins!
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DRI member Robert E. Mansbach of Zimmerman Kiser Sutcliffe in Orlando, Florida, obtained a summary judgment for IDS (Industrial Diversified Services), a welding contractor, in an action filed against IDS and the owner of a building that was the site of a fire that caused burns which led to the death of Scott Kase in Broward County, Florida. IDS employed Scott Kase and provided Workers' Compensation benefits, but was sued in a civil action for IDS' role in causing the accident.
[FULL STORY]
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DRI member Joseph Bosick, founding partner of Pietragallo Gordon Alfano Bosick & Raspanti, LLP in Pittsburgh, Pennsylvania, obtained a Rule 12(b)(2) dismissal, on personal jurisdiction grounds, of his client, a Japanese corporation, which had been sued in a product liability action in the Western District of Pennsylvania. The product at issue, a rubber mixing mill, had been sold by a predecessor corporation to a company located in a state other than Pennsylvania in the early 70s and then resold, apparently several times, before it was sold to the plaintiff’s employer, which was located in Pennsylvania.
[FULL STORY]
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DRI member M. Natalie McSherry of Kramon & Graham in Baltimore successfully argued to Maryland’s highest court that Maryland’s statutory cap on non-economic damages applied to all claims for personal injuries, whether based on common law or statute. In a claim of lead paint poisoning, a 14-year-old plaintiff claimed that she suffered from mental and physical impairments. Despite these alleged impairments, the plaintiff had an above average IQ, had high marks at elementary school and served on the student council at middle school. The plaintiff had filed claims alleging common law negligence, as well as violations of the Maryland Consumer Protection Act. The plaintiff argued that Maryland’s statutory limit on non-economic damages for personal injuries applied only to common law claims and not to statutory claims brought under the state Consumer Protection Act.
[FULL STORY]
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DRI members Mary Behm and Christa Hazlett of Keleher & McLeod, P.A. in Albuquerque, New Mexico, successfully defended Laurel Meadows, a skilled nursing home facility located south of Albuquerque, against allegations that it failed to provide adequate fall prevention precautions for a resident who was a known fall risk. The resident, 74-year-old Barbara Martinez, removed her lap buddy, fell from her wheel chair and suffered serious head injuries. She passed away about two weeks later. The claims included wrongful death, negligence, misrepresentation and negligence per se. The plaintiffs also sought punitive damages, which were allowed on the verdict form. The plaintiffs argued that the facility failed to implement adequate precautions to prevent the fall.
[FULL STORY]
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In a 4-3 decision earlier this year, the Supreme Court of Georgia upheld the 100-year-old acceptance doctrine, which shields contractors from liability to injured third parties, where the contractor has completed its work, turned it over to the owner and the owner accepted the work. The case, Bragg v. Oxford Construction Co., 285 Ga. 98 (2009), reached the state supreme court after Oxford Construction Company, represented by DRI member Carrie L. Christie of the Atlanta law firm Rutherford & Christie LLP, was granted summary judgment in two separate lawsuits filed by plaintiffs Kenneth and Francesca Bragg. Successfully handling the appeal for Oxford was DRI member Frank M. Lowrey IV, a partner at the Atlanta firm of Bondurant, Mixson & Elmore LLP.
[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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New Member Spotlight
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DRI is pleased to welcome new member JoAnna M. Esty. A partner practicing in the Los Angeles office of Venable LLP, Ms. Esty is a registered patent attorney and an experienced IP litigator.
[FULL STORY]
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Quote of the Week
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Let us not look back in anger, nor forward in fear, but around in awareness.
—James Thurber
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DRI Cares
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Carroll E. Dubuc, the managing partner of Carroll E. Dubuc & Associates in Falls Church, Virginia, has been using his mediation skills for pro bono work for several years. Mr. Dubuc mediates cases without a fee for the Circuit Court of Fairfax County, Virginia, as a neutral case evaluator (18-24 cases per year); as a conciliator for the Circuit Court in Fairfax, Virginia (20-25 cases per year); and for the Juvenile and Domestic Relations Court in Fairfax for pro se cases (5-10 cases per year). This has been the pattern for the past five years. These mediations are conducted as part of the bar’s initiative to reduce calendars and to dispose of cases that will not ultimately be tried.
[FULL STORY]
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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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Online Networking 101 – How to Grow Your Practice Using the Internet (webcast)
October 1, 2009
Appellate Advocacy
November 5-6, 2009
Hilton La Jolla Torrey Pines, La Jolla, California
Handling a Trial as a First Chair (webcast)
November 11, 2009
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, California
Trucking Law
February 4-5, 2010
Caesars Palace, Las Vegas, Nevada
For all other seminars, webconferences and webcasts, click here.
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Current Issues in Medical Liability and Health Care Law
Defending Damages Claims in Business Tort Cases
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