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Offering court-qualified scientists, engineers and researchers with expertise in product testing, scientific evaluation and forensic analysis for over 40 years.
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Committee Leadership
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Committee Chair
Anthony R. Zelle
Zelle McDonough & Cohen
(617) 742-6520
tzelle@zelmcd.com
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Committee Vice Chair
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Publications Chair
Co-Editor
Jonathan L. Schwartz
Lewis Brisbois Bisgaard & Smith LLP
Co-Editor
Bryan M. Weiss
Murchison & Cumming
bweiss@murchisonlaw.com
Associate Editors
Suzanne Young
Zelle McDonough & Cohen
(617) 742-6250
Plunkett Cooney
(248) 901-4000
Roger Williams
Rivkin Radler
(516) 357-3227
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Seminars
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March 14-16, 2012
Las Vegas, Nevada
DRI Publications
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| The Chair's Corner |
I Showed Up
by Cynthia P. Arends
The judge that I clerked for after law school had a favorite story that he liked to tell about how he ended up on Minnesota's top appellate court. His answer to that question was simple: he showed up. As he explained it, years earlier in his career, he responded positively, and assisted with something that others simply chose not to do. And it was through that activity that he made the contacts that eventually led to his selection for the Minnesota Court of Appeals and eventually the Minnesota Supreme Court.
Is it really so serendipitous? Oddly enough, many times it is. The judge's story is not that unusual. You would be surprised at how many opportunities out there go unspoken for or how frequently there is only one person offering to take on a task, which naturally that person is assigned. A classic example of such an opportunity would be the Young Lawyer sponsored webconferences, for which we occasionally receive only one topic proposal. It certainly makes the topic selection easier, but there was an opportunity to present to a national audience for which hardly anyone showed up.
[FULL STORY]
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| Featured Articles |
2009 Case Review-Excluding Specific Causation Testimony Under Rule 702 and Daubert
by Sara E. Deskins
Modern tort litigation often involves complex causation issues and complicated scientific evidence. This article summarizes federal court cases decided in 2009 in which defendants have successfully challenged the admissibility of plaintiffs' specific causation witnesses. Challenges to specific causation testimony of expert witnesses are brought under Federal Rule of Evidence 702. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), provides the defining U.S. Supreme Court interpretation of Federal Rule of Evidence 702. Essentially, Rule 702 and Daubert provide general standards to assess the reliability and helpfulness of the proffered expert testimony and require the trial court to act as a "gatekeeper" for expert testimony to prevent "junk science from reaching a jury." As explained by Daubert and its progeny, in fulfilling their roles as "gatekeepers," courts should consider:
[FULL STORY]
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Making DRI Publications Work for You
by Jennifer Gannon Crisera & Nike Fleming
The New Year brings resolutions of all types, both personal and professional. Most of us have the same general professional goals: work on business development, bill enough hours to get a bonus, and try to hone our skills as best we can. As you start to draft your goals for the next year, we encourage you to put your writing skills to use and cross "publish something" off your list. That's where we come in.As a member of DRI's Young Lawyers Committee, you have a world of possibilities when it comes to getting published. Below is a summary of the ways in which you can get involved. The Whisper The Whisper is the YLC's e-newsletter. It's sent to YLC members monthly and contains two or three substantive articles, as well as updates from YLC subcommittees and other news from DRI and the YLC. Anyone can volunteer to write a Whisper article, and they can be about any topic from business development, to honing your litigation and strategy skills, to diversity, to work-life balance. With monthly editions, there is plenty of room in the Whisper if you're interested in contributing.
[FULL STORY]
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| Substantive Committee Article |
Diversity-Take Time to Inspire
by Monté Williams
To say that I hated school as a kid would be no exaggeration. I hated elementary and middle school in particular. The only interesting thing about school to me was recess. That is probably because I excelled at sports, and the playground was the only place where I could utilize what I believed was my only talent.Part of the reason school was so agonizing was because oftentimes there was no one in the school who looked like me (I went to private schools during my early educational years). That is, I was typically the only minority in the school. Likewise, much of what I learned in school did not seem to have any direct applicability to my surroundings. There did not seem to be anyone I learned about in school who looked like me that made any meaningful contribution to the world. Because of my lack of exposure I was easily seduced into believing there was a reason I only excelled on the playground – I ignorantly concluded that it was because I was not smart.
[FULL STORY]
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Dig Deep with DRI's Expert Witness Database
by C. Meade Hartfield
Experts. They are a part of every litigator's life. You research them. You hire them. You cross-examine them. You spend a great deal of time learning everything you can about them. Are they credible? Are they experienced? Are they the right fit for your case? Whether you are meticulous in your search for information, or you just need a quick overview to narrow your options, DRI can help you. By providing an accessible, efficient, and expansive expert witness database, DRI can streamline your expert research efforts. With a few clicks, you can search and download contact information and documents for over 65,000 plaintiff and defense experts.
[FULL STORY]
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| Leadership Profile |
Eileen Hintz Rumfelt
Eileen Hintz Rumfelt is in the spotlight this month. Eileen is an associate in the Atlanta office of Miller & Martin, PLLC, which also has offices in Nashville and Chattanooga. She graduated from Emory University in 2006, and decided to stay in the Atlanta area despite her Massachusetts roots. Especially this time of year, she is glad for that decision!
[FULL STORY]
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| Upcoming |
We encourage Young Lawyers to attend DRI's Damages Seminar, scheduled for March 17-19, 2010 at the Vdara in Las Vegas. http://www.dri.org/open/SeminarDetail.aspx?eventCode=20100060The location is fabulous and the price is right! The Vdara Hotel and Spa is one of the newest properties on the Strip - a non-gaming, smoke free, all suites hotel - that is an anchor to the brand new dynamic City Center Shopping and Hotel complex. http://www.citycenter.com This will be different Damages Seminar. This seminar will creatively and directly address the question of how to be invaluable to our clients and will include the following: • A sit-down networking session (more than a cocktail reception with substantive exchanges between inhouse and outside counsel participants); • Creative ideas about how to be invaluable in these difficult times from two General Counsels and three Associate General Counsels; • An actual video demonstration of jury research by a leading jury consultant; DRI has negotiated a nearly $100 per night reduced hotel room rate from $275 per night (as stated in the brochure) to $179 per night.
[FULL STORY]
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BRAND NEW SEMINAR!
DRI's Strictly Retail Seminar will take place March 4-5 at the Wyndham Chicago in Chicago, Illinois. This brand new seminar will provide targeted education and discussion forums on the most pertinent legal and risk management issues facing retailers today. Topics have been selected by industry professionals in a wide range of specialties to reflect the most pressing concerns of in-house legal and claims departments.
[FULL STORY]
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| Legal News |
Federal Health Care Reform Bills Seek Universal Coverage
by Michele DeShazo
Health care reform has been a hot-button political issue in America for the last twenty years, perhaps as a result of the infamous series of "Harry and Louise" television commercials which ran in 1993 and 1994 featuring a fictionalized suburban couple sitting around a kitchen table discussing a potential government-created, universal health care plan promoted by President Bill Clinton. Many pundits believe that these commercials played a major role in torpedoing President Clinton's plan. Since these commercials, friends and foes of universal health care coverage have mobilized, forming political action groups (PACs) and funneling money to political campaigns in an attempt to influence the terms of the debate. Therefore, it was no surprise when health care reform emerged as a major issue in the presidential campaign of 2008 between Senator John McCain (R-AZ) and now President Barack Obama. Senator McCain touted health savings accounts and tax credits for individuals purchasing health insurance on the private market to reduce the cost of health care. In contrast, during the campaign, President Obama favored widespread reform focused on requiring all Americans to obtain health insurance.
[FULL STORY]
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| Members in the News |
On December 3, Hope T. Cannon welcomed twins Luke and Nick into the world. Congratulations to the Cannon family! Timothy Epstein, Chair of the Sports Law Practice Group of SmithAmundsen LLC was named to the faculty of Loyola University Chicago School of Law as an Adjunct Professor of Law, teaching Sports and Entertainment Law. He also guest lectured at the University of Texas School of Law on November 20, 2009 on "Disappointment Lawsuits".
[FULL STORY]
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Don't Miss Your Chance to be Sworn-In...We Swear You'll Love It!
I speak from experience when I say that there is nothing more awe-inspiring than standing at the summit of American jurisprudence and being sworn into the Supreme Court Bar. It is simply unforgettable. And, thanks to your involvement with DRI Young Lawyers Committee, you too have the opportunity to take the oath and experience oral argument in front of the Supreme Court from the best seat in the house! The next Swearing-In Ceremony, sponsored by the DRI Young Lawyers Committee, is scheduled for Wednesday, March 24, 2010. We invite you to participate in this honorable experience. Because the United States Supreme Court limits group admissions to only twelve participants, space is very limited. The application deadline is February 26, 2010, and all spots will be filled on a first come, first served basis. - Certificate of good standing (request early to avoid application delays)
[FULL STORY]
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In Memoriam
The Young Lawyers Committee mourns the unexpected passing of Jennifer DeKarske, committee member and attorney with the firm Larson King in St. Paul, MN. According to her friend and colleague, Sarah Madsen, "Jennifer was bright, beautiful, vivacious and lived life to the fullest. She was a wonderful friend and all who had the pleasure of knowing her in her short life will miss her dearly." Jennifer was 31 years old. Jennifer's obituary can be found at: http://www.legacy.com/obituaries/twincities/obituary.aspx?n=jennifer-lynn-dekarske&pid=137635572.
[FULL STORY]
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| Subcommittee Updates |
Publications Subcommittee
The Publications Subcommittee is accepting submissions for the Whisper and topic proposals for In-House Defense Quarterly. In addition, we'll soon be starting work on an updated Daubert compendium for DRI. Please let us know if you'd like to work on getting published in any of these venues.
[FULL STORY]
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Sponsorship Subcommittee
The Sponsorship Subcommittee has been working hard to obtain sponsorship commitments from several vendors who are extremely excited about sponsoring next year's seminar in Miami. The state of the economy has, unfortunately, slowed down the level of sponsorship this year. So, we are reaching out to you and your firms for help. Firms can sponsor a specific items or can be a "general sponsor." In addition to the recognition that comes along with sponsoring, firms have found the general sponsorships attractive because they come with complimentary registrations, depending on level of sponsorship ($1,500 sponsorship for 1 free registration, $2,500 for 2 free registrations).
[FULL STORY]
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Law School Initiative Subcommittee
The Law School Initiative ("LSI") is a subcommittee of the DRI Young Lawyers committee and its goal is to increase DRI membership among law students. To that end, the LSI is networking through various law schools and law firms around the country to recruit law student members. The Young Lawyers LSI Subcommittee is chaired by Paul Gordon (Kansas City, MO) and vice-chaired by Mike Huff (Huntsville, AL). This past year, the LSI has again encouraged law firms to sponsor memberships for their summer law clerks. This Sponsor Your Law Student program continues to be a great way to introduce law students to DRI and to draw in new student members. As a part of this program, DRI members are asked to pay for the price of membership for each of their firm's law clerks/students.
[FULL STORY]
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Civility and Professionalism Initiative Subcommittee
Jacqueline Sheridan, the Vice Chair of the Initiative, and I, the Chair, are excited about bar year 2010 and the Initiative. We look forward to a year of progress for the Initiative and active involvement from other DRI young lawyers.
As part of our planning for the 2010 year, we encourage anyone interested in civility and professionalism to contact us about getting involved. There are numerous ways that DRI young lawyers can become involved with the Initiative, and we will welcome all who show an interest in participating. I would like to take this opportunity to explain what the Initiative is, and to offer some suggestions about how to become involved in the Initiative.
[FULL STORY]
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