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This Week's Feature
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Litigation and Regulation: The Uncertain Future of Atrazine
By Mark R. Misiorowski and Joel D. Eagle
The Misiorowski Law Group, LLC, Naperville, Illinois
For much of the last 50 years, the agricultural herbicide Atrazine has been the chemical of choice for farm cooperatives and farmers of corn, wheat sorghum, and sugar cane throughout the United States. Annually, up to 80 million pounds of atrazine is used by farmers for pre-emergence broadleaf weed control in farm fields, as well as at Christmas tree nurseries, woodlands, and golf courses. Although atrazine is used in almost every state, the majority of its application takes place in the corn-growing states of Nebraska, Iowa, Kansas, Illinois, Indiana, Ohio, North Dakota, South Dakota, Minnesota, Missouri, Wisconsin, Michigan and Kentucky. Sugar cane is primarily grown in Florida, Louisiana, Texas and Hawaii. Sorghum is primarily grown in Texas, Kansas, Oklahoma, Nebraska, and Missouri.
[FULL STORY]
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This Month in DRI History
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By November 1964, all of the International Association of Insurance Counsel (IAIC) members became members of DRI. In 1980, the DRI staff consisted of eight professionals, eight support personnel and five law clerks.
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DRI News
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Tips for a Successful Trial as Lead Counsel!
Join DRI’s Young Lawyers Committee on Wednesday, November 11 for their webcast, “Handling a Trial as a First Chair – Advice, Tips and a Few War Stories for a Successful Trial as Lead Counsel.” Learn about the necessary skills and practical tips to instill confidence in lawyers with minimal trial experience who are about to handle a trial from start to finish. 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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New DRI Seminar!
The DRI Best Practices for Law Firm Profitability Seminar will be held December 3-4, 2009, at the Sheraton New York Hotel & Towers. The program, which was developed by DRI's Law Practice Management Committee, managing partners and in-house counsel, is designed specifically for decision makers affiliated with corporations and law firms of all sizes. View the seminar brochure for detailed information. In addition to an exciting program, registrants will have the ability to network directly with over 500 lawyers who will be attending the DRI Insurance Coverage and Practice Symposium, 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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Young Lawyer Campaign
Did you know that Young Lawyers receive a certificate for free attendance at a future DRI seminar or the Annual Meeting? The certificate is valid as long as the person is a member of the Young Lawyers Committee. The certificate is non-transferable, and the holder must surrender the certificate at the time of pre-registration for the seminar of his/her choice.
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And The Defense Wins!
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DRI Regional Director, Pete Petersen, a member of the law office of Petersen and Associates, teamed with a colleague recently to obtain a unanimous defense verdict after a week-long jury trial in Salt Lake City. The plaintiff, a nine-year-old boy was rendered unconscious in an automobile versus bicycle accident. He suffered a skull fracture, subdural hematoma, additional bleeding in the brain and a severe femur break requiring the installation of a rod and screws in the plaintiff’s leg.
[FULL STORY]
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On August 18, 2009, Kevin Jakab, DRI member and shareholder at Howell & O’Neal, P.A. in Jacksonville, Florida, teamed with an associate to obtain a complete defense verdict following a trial in the Fourth Judicial Circuit, Nassau County, in a premises liability action. The claim arose from a “slip and fall incident” in the bathroom of the Amelia Island Inn, which is part of a popular resort in Fernandina Beach, Florida. In July 2004, the plaintiff, a medical equipment saleswoman, stayed several nights at the Inn in conjunction with her employer’s regional sales meeting.
[FULL STORY]
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DRI members Scott Stolley and David Noteware of Thompson & Knight in Dallas, Texas, received a favorable opinion from the Dallas Court of Appeals on behalf of the firm's long-time client, Hunt Oil Co. The trial court had entered a judgment against Hunt Oil for about $6 million, based on a claim that Hunt Oil was negligent in the way it drilled some wells in a field in Louisiana. The plaintiff, Live Oak Energy, claimed that it could no longer produce from an oil-bearing stratum in the field, because Hunt Oil had not cemented the casing in wells that Hunt Oil drilled through that stratum to a deeper stratum.
[FULL STORY]
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Jeffrey S. Hebrank and Brian J. Huelsmann of HeplerBroom, LLC, in Edwardsville, Illinois, along with Michael W. Drumke and Stephen R. Kaufmann from the firm’s Chicago and Springfield offices respectively, were successful in securing a defense verdict for Georgia-Pacific in Sangamon County, Springfield, Illinois.
[FULL STORY]
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DRI members Keith W. McDaniel, Lance B. Williams, and Quincy T. Crochet of McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch in Covington, Louisiana, recently prevailed on a Motion for Summary Judgment, which was granted in favor of Ford Motor Company. The single-vehicle accident at issue occurred in 1998, but the plaintiff did not file a lawsuit until more than two-and-a-half years later. The court rejected the plaintiff’s argument that the doctrine of contra non valentem should apply, and dismissed her claims as prescribed pursuant to Louisiana’s one year prescriptive period or statute of limitations. Kimberly Creel v. Bridgestone-Firestone, Inc., et al., 2009 WL 2044264 (S.D. Ind. 7/8/2009).
[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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Quote of the Week
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Chase your passion, not your pension.
—Denis Waitley
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DRI Cares
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Tucker Ellis & West Expands High School Partnerships
By Carter Strang
Tucker Ellis & West (TEW) was the first law firm featured in DRI Cares, published last March. That article discussed TEW's comprehensive partnership with the Cleveland Municipal School District's John Hay High School Early College Program (JHEC). The partnership is part of TEW's unique Pipeline Diversity Program, which I coordinate. The partnership is now in its third year. Eighteen TEW attorneys are visiting JHEC's 10th Grade U.S. history classes teaching the award-winning 3Rs curriculum developed by the Cleveland Metropolitan Bar Association, which focuses on Constitutional "Rights, Responsibilities, and Realities"—hence, the "3Rs"—and includes career counseling lessons.
[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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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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