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This Week's Feature
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Chinese Drywall: A Building Problem
By H. Lockwood Miller, III and George A. Kelman
Coughlin Duffy LLP, Morristown, New Jersey
A confluence of factors in the early 2000s – including the rebuilding efforts following the widespread destruction caused by Hurricanes Katrina and Rita and a residential housing boom in Southwest Florida – led to overwhelming demands for drywall in the Southeastern United States. Unable to meet those demands from traditional sources of domestically produced drywall, suppliers, distributors, and builders sought to solve this problem with increased reliance on drywall manufactured in China. Some estimates suggest that, between 2004 and 2007, as much as 600 million pounds of Chinese drywall – enough to build tens of thousands of homes – were imported into the United States to meet building demands.
[FULL STORY]
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This Month in DRI History
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In 1974, Rudolph Janata served as DRI President, and it was proposed that membership dues be increased to $50 per year. It was also noted that video tapes could be a good means of expanding our educational programs.
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DRI News
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Congratulations to David M. Davis, founder of Davis & Wilkerson, P.C. in Austin, Texas, who is this year’s recipient of the prestigious David H. Walter Community Excellence Award presented by the Austin Bar Foundation. This annual award honors one Austin Bar member who has made a significant impact in the community, and at the same time, has raised the profile of the profession. Mr. Davis is only the sixth recipient of this coveted award. The award will be presented at the Austin Bar Foundation Gala in January.
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Leading the North Carolina Bar
On October 21, 2009, long-time DRI member Barbara (Bonnie) Weyher took the oath of office as the new president of the North Carolina State Bar, becoming only the second woman to hold the position. She was sworn in by the Honorable Sarah Parker, Chief Justice of the North Carolina Supreme Court, during a ceremony in downtown Raleigh. Ms. Weyher is a founding partner of Yates, McLamb & Weyher, L.L.P., a civil defense law firm based in Raleigh.
[FULL STORY]
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DRI is saddened to report that Rana M. Siam, an active leader of the Young Lawyers Committee (YLC), lost a 10-year battle with cancer on October 1, 2009. Ms. Siam began her career at Clark, Thomas & Winters as an associate in 1998, and became a shareholder in 2007. She was a member of the firm’s products liability and energy practice groups. A valued DRI leader, she authored articles that were published in For The Defense and In-House Defense Quarterly, made seminar presentations and held numerous YLC positions. Ms. Siam received the YLC Committee Chair of the Year Award for her tireless work as program chair for the June 2008 Young Lawyers Seminar in Orlando.
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On October 19, 2009, one of Ohio’s greatest trial lawyers, Henry (Hank) A. Hentemann, passed away at the age of 74. He was counsel emeritus for Davis and Young LPA in Cleveland. Mr. Hentemann was a former DRI board member and a past president of the International Association of Defense Counsel (IADC) and the Cleveland Association of Civil Trial Attorneys (CACTA). He was an active member of the Ohio Association of Civil Trial Attorneys (OACTA) for many years, prior to his declining health. Mr. Hentemann was slated to receive the Distinguished Contribution to the Profession Award from OACTA at their Annual Meeting next month in Columbus. The award will be conferred posthumously.
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Climate Change Litigation Heats Up!
Join DRI’s Climate Change Litigation Task Force for 1.5 hours of CLE on Thursday, November 5, 2009 to learn about the scope and reach of emerging climate change litigation. Hear what the latest judicial rulings indicate for the future of climate litigation, how to counsel your clients to minimize exposure to climate change litigation, what suits will likely be filed in the next few years, and much more! As a DRI member, your entire office can watch this live webcast and receive CLE for only $150. The more office locations that register, the greater the discount to your firm! Register now or click here for more information.
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In Need of CLE?
The DRI Insurance Coverage and Practice Symposium will be held December 3-4, 2009, at the Sheraton New York Hotel & Towers. Hear from a distinguished faculty of judges, professors and practitioners who will discuss recent decisions, national trends and offer creative and practical advice for coverage lawyers and insurance professionals. The faculty consists of some of the nation’s leading specialists in insurance coverage claims and coverage litigation who will provide “tools” for every attendee’s coverage “tool kit.” In addition to an exciting program, registrants will have the ability to network directly with attorneys who will be attending DRI’s Best Practices for Law Firm Profitability Seminar, which will be held simultaneously at the Sheraton property. Register online today or call DRI Customer Service at 312.795.1101 for more information.
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And The Defense Wins!
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DRI members Daniel J. McMahon, Chicago partner and firm chairman, and Boston partner Daniel E. Tranen of Wilson Elser Moskowitz Edelman & Dicker LLP successfully defended a $5.5 million lawsuit at trial against a law firm and its founder filed in the Circuit Court of Cook County in Chicago. The case involved a legal malpractice claim tried to jury brought by NSM Music, Inc. (a Delaware corporation) against a Chicago law firm and partner. The Delaware corporation's ultimate parent, NSM Music Group (a U.K. company), also brought claims in the case against those same defendants, alleging they conspired with, and aided and abetted, the former officers and directors of NSM Music, Inc. in breaching fiduciary duties. That claim was tried to the bench.
[FULL STORY]
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DRI member Peter H. Pogue of Schultz & Pogue, LLP in Indianapolis, Indiana, received a defense verdict in a week-long medical malpractice jury trial that ended July 31, 2009. Mr. Pogue represented a gastroenterologist who performed an upper endoscopy and subsequent empiric dilation procedure on a 61-year-old male. The dilation procedure caused a perforated esophagus which, despite repair, led to the decedent contracting pneumonia, leading to ARDS, then death. The decedent was diagnosed with intermittent dysphasia, or difficulty swallowing, which had been limited to liquids only, per his primary care physician.
[FULL STORY]
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DRI member Steven J. Rice of the New York City office of Harris Beach PLLC teamed with a colleague to obtain a defense verdict before a jury in Washington County, New York, on behalf of Orkin Pest Control and its employee driver. It was alleged that a 14-year-old plaintiff was severely injured when he was struck by an Orkin pickup truck, while operating an ATV, crossing a rural, farm country road.
[FULL STORY]
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DRI member Terrence B. Robinson, partner with Gordon & Rees LLP in Houston, achieved an appellate victory in an employment discrimination matter wherein the U. S. Court of Appeals for the Fifth Circuit affirmed a prior district court dismissal via summary judgment in favor of the client/employer. GB Bioscience, Inc., the employer, was sued for alleged racial discrimination due to failure to hire pursuant to 42 U.S.C. § 1981.
[FULL STORY]
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DRI members Robert J. Sniffen, Michael P. Spellman and J. David Marsey of Sniffen & Spellman, P.A. in Tallahassee, Florida, secured a defense verdict on August 12, 2009, following a three-day jury trial in the U.S. District Court for the Northern District of Florida. The firm represented the Florida Department of Transportation in a case alleging gender discrimination, retaliation and a hostile work environment.
[FULL STORY]
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DRI wants to hear about your latest win! 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 Alexandra M. Goblet. Ms. Goblet is an associate in the Kansas City, Missouri, office of Shook, Hardy & Bacon L.L.P. Ms. Goblet, who is fluent in French and proficient in Spanish, focuses her practice on national product liability litigation.
[FULL STORY]
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Legislative Tracking
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The Young Lawyers Legislative Subcommittee is led by Paul A. Wilhelm of Dykema Gossett PLLC in Detroit, Michigan, and co-vice chairs Joseph W. Ballard of Lewis, King, Krieg & Waldrop, P.C. in Knoxville, Tennessee, and Marie A. Trimble of Gordon & Rees LLP in San Francisco, California. Special thanks to these leaders, along with all of the other state contributors.
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MICHIGAN (Contributor: David M. George, Dykema Gossett PLLC)
CIVIL PROCEDURE
HB 5518 of 2009: Amends MCL 600.6732
• Revises statute regarding manner of serving a summons and complaint in a summary proceedings.
• 10/15/2009 – Referred to Committee on Judiciary
DAMAGES
SB 0890 of 2009: Amends MCL 600.6306
• Amends the formula reducing future damages to present cash value by requiring interest to be compounded annually.
• 10/13/2009 – Referred to Committee on Judiciary
HEALTH CARE
HB 5191 of 2009: Amends MCL 333.21771
• Under the Public Health Code, a nursing home employee is required to report immediately any physical, mental, or emotional abuse, mistreatment, or harmful neglect of a patient to the nursing home administrator or nursing director. House Bill 5191 would specifically require the employee to also report such patient mistreatment directly to the Department of Community Health.
• 10/14/2009 – Referred to Second Reading
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Quote of the Week
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A compromise is the art of dividing a cake in such a way that everyone believes that he has got the biggest piece.
—Ludwig Erhard
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DRI Cares
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Cooper & Walinski, LPA, a litigation firm in Toledo and Cleveland, Ohio, instills in all of its employees the importance of community service. For 40 years, Cooper & Walinski attorneys and staff have served the needs of the underrepresented in their communities by undertaking community service projects and by offering pro bono services in a variety of legal matters. As evidence of its commitment, Cooper & Walinski participates in two innovative programs that are principally administered by associates.
[FULL STORY]
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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
Medical Liability and Health Care Law
February 11-12, 2010
Arizona Biltmore, Phoenix, Arizona
Strictly Retail
March 4-5, 2010
Wyndham Chicago Hotel, Chicago, Illinois
For all other seminars, webconferences and webcasts, click here.
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Current Issues in Medical Liability and Health Care Law
Punitive Damages: A State-by-State Compendium
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