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This Week's Feature
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A REALLY “SUPER DUPER” CASE
By John T. Harding
Morrison Mahoney LLP, Boston, Massachusetts
While lawyers frequently brag that they have a really “super duper” case, the attorneys who recently litigated a dispute concerning the scope of Coverage B under a standard CGL policy before the South Carolina Supreme Court can honestly lay claim to the title. In Super Duper Inc. d/b/a Super Duper Publications v. Pennsylvania National Mutual Casualty Insurance Co., et al., 2009 S.C. LEXIS 449 (S.C. Sept. 14, 2009), the court addressed certified questions posed by the United States District Court for the District of South Carolina as to whether the coverage provided in the policy for “advertising injury” should be read to include claims for “trademark infringement.” The court answered in the affirmative, falling into the growing camp of courts that have adopted a broader reading of Coverage B than its facial language might suggest. Indeed, it is hard to see in the facts of this case that “advertising,” in the commonly understood sense of the word, was involved at all.
[FULL STORY]
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Legal News
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Certiorari Granted: Title VII - Time Limit to File EEOC Charge
Under Title VII of the Civil Rights Act, a plaintiff seeking to bring suit for employment discrimination must have first filed a charge of discrimination with the EEOC. If, before filing the EEOC charge, the plaintiff sought relief from a state or local agency with authority over such matters, the plaintiff must have filed the EEOC charge “within 300 days after the unlawful employment practice occurred.” 42 U.S.C. § 2000e-5(e)(1). On September 30, 2009, the Supreme Court granted certiorari in Lewis v. City of Chicago, No. 08-974, to decide whether, when an employer adopts a discriminatory employment practice in violation of Title VII’s disparate impact provisions, that 300-day period begins to run at the announcement of the practice, or whether, instead, the time period starts anew at each use of that practice. (Source: Mayer Brown LLP’s Supreme Court Docket Report. For more information, see www.appellate.net/docketreports.)
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DRI News
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Texas Association of Defense Counsel
On October 2, 2009, at the Annual Meeting of the Texas Association of Defense Counsel (TADC) in Montreal, DRI member Greg W. Curry, a Thompson & Knight LLP partner and energy litigation practice group leader in the firm’s Dallas office, was named TADC President for 2009-2010. His term starts on November 1. One of the highlights of the meeting was a luncheon cruise on the St. Lawrence River. Following the luncheon, the Awards Ceremony was held. John H. Martin, DRI’s Immediate Past President, presented the DRI Outstanding Achievement Award to outgoing President Tom Henson of Ramey & Flock, PC in Tyler, Texas. The two awards presented by TADC were the President's Award and the Founders Award. The President's Award "seeks to recognize meritorious service by a member or members of the Association whose leadership and continuing dedication during the year has resulted in raising standards and achieving goals representing the ideals and objectives of TADC." President Henson presented that award to Dan K. Worthington, a DRI member and partner with Atlas & Hall, LLP in McAllen, Texas. The Founders Award “seeks to recognize the individual whose service to and for the Association has earned favorable attention for the organization and effected positive changes for the Association. This award seeks to recognize those who have gone ‘above and beyond’ the call of duty to further the goals of the Association." President Henson presented that award to David E. Chamberlain of Chamberlain♦McHaney in Austin. Mr. Chamberlain is DRI’s outgoing Texas State Representative.
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Asbestos Medicine Seminar
November 12-13, 2009
Fontainebleau Miami Beach, Miami, Florida
DRI’s Asbestos Medicine Seminar provides the most up-to-date and valuable information about scientific and legal developments vital to the defense of asbestos cases. As always, our speakers will include leading practitioners in both the medical and legal fields. You will learn about the best techniques for building a powerful defense case and achieving a favorable settlement or a victory at trial. In addition, you will gain valuable insight regarding the latest medical knowledge on pleural and peritoneal mesothelioma and asbestosis. Year after year, DRI’s Asbestos Medicine Seminar is the one conference that is absolutely essential to those on the defense side of asbestos litigation. To register, click here or contact Customer Service at 312.795.1101.
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Attention: Disability Litigators and In-House Counsel
Hot Topic—Residually Disabled or Totally Disabled, That Is the Question
November 4, 2009, 1:00 p.m. – 2:30 p.m. Central
This webcast is designed to help litigators and in-house counsel understand the two-headed residual/total disability claim. In-house counsel, outside attorneys, and a financial expert will closely examine the specific challenges, strategies and pitfalls involved in handling, litigating and trying residual claims, as distinguished from total disability claims. To register, click here.
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And The Defense Wins!
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DRI board member Gerald Toner and Gregory McDonald of O’Bryan, Brown & Toner PLLC in Louisville, Kentucky, successfully defended a Louisville obstetrician accused of improperly and unnecessarily using a vacuum device during delivery, which, the plaintiffs claimed, caused the child's neurological injuries.
[FULL STORY]
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DRI members Catherine S. Nietzel and Joseph J. Arcata III of Ryan Ryan Deluca LLP in Stamford, Connecticut, successfully defended an appeal before the Connecticut Appellate Court in the matter of Hamilton v. United Services Automobile Association, 115 Conn. App. 774 (2009). In what is an important decision for the insurance industry, the Connecticut Appellate Court held that an injured party cannot bring a declaratory judgment action against a third party’s insurer, absent a determination of liability on the part of the third party, as such a claim is not ripe for adjudication.
[FULL STORY]
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DRI members Kurt Kern and David Stone of Hartline, Dacus, Barger, Dreyer, & Kern, L.L.P. in Dallas, Texas, and Carlos Rincon of The Rincon Law Group in El Paso, Texas, successfully defended Toyota Motor Sales, U.S.A., Inc. and Hoy Fox Toyota/Lexus in a product liability case recently tried in El Paso.
[FULL STORY]
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DRI member Robert E. Kerrigan, Jr. of Deutsch, Kerrigan & Stiles, L.L.P. in New Orleans netted two summary judgment wins recently. The first was a precedent-setting summary judgment on behalf of U.S. Gypsum Corporation and its subsidiary, L&W Supply Corporation, in a multi-million dollar untarping case. The plaintiff was a Western Express truck driver who was paralyzed after falling from atop his load of stacked sheetrock while on L&W Supply property.
[FULL STORY]
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DRI member Matthew Borick, an associate at Downs Rachlin Martin PLLC in Burlington, Vermont, obtained a defendant's verdict recently in Chittenden Superior Court in Vermont. The case was Charlotte Pashley-Rella v. Hannaford Bros. Co. The plaintiff alleged that she tripped over a rug in the vestibule of a Hannaford's supermarket as she was exiting the store. There were factual disputes about the condition of the rug, whether Hannaford followed its maintenance procedures, whether the plaintiff was paying attention for her own safety, what footwear she was wearing, and what effect the plaintiff's injuries had on her ability to continue working.
[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 Philip R. Dunn, Jr., a member of Jackson O’Keefe in Hartford, Connecticut. For the past 21 years, Mr. Dunn’s practice has focused on tort and contract claims, as well as employment litigation involving wrongful discharge, Title VII discrimination actions and age discrimination cases. An experienced litigator of premises liability claims, he is one of a few attorneys in Connecticut to try a lead paint poisoning case to a defense verdict.
[FULL STORY]
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Quote of the Week
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Concentration comes out of a combination of confidence and hunger.
—Arnold Palmer
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DRI Cares
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DRI member Sheila J. Carpenter, a partner at Jorden Burt LLP in Washington, D.C., is the firm’s pro bono coordinator. While she handles many pro bono cases, one particular action involving a mortgage “foreclosure rescue” scam affecting a Maryland family took three years to resolve.
[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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Hot Topic — Residually Disabled or Totally Disabled (webcast)
November 4, 2009
Climate Change Litigation Heats Up (webcast)
November 5, 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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Punitive Damages: A State-by-State Compendium
Defending Damages Claims in Business Tort Cases
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