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DRI Announces a New Initiative for Claims Executives
The DRI Executive Committee and Board of Directors are pleased to announce a new program that offers free seminar attendance to claims executives. The program is similar to the successful free tuition plan for corporate counsel, and it is designed to increase the presence of claims executives at DRI events. The following paragraphs outline the operation of the new program and define eligibility requirements.
- Any DRI member employed as a claims professional by a corporation or insurance company, who spends a substantial portion of his or her professional time hiring or supervising outside counsel in the representation of business, insurance companies or their insureds, associations or governmental entities in civil litigation, will be entitled to free attendance at any DRI seminar.
- Any lawyer eligible for free DRI programming as set forth above, but who is not a DRI member, can attend one free DRI program if such lawyer is sponsored at the seminar by a DRI member and accompanied by the sponsoring DRI member at that seminar.
- Any non-lawyer vice president, director or manager in charge of hiring or supervising outside counsel nationally or regionally (multi-state) for a corporation, third party administrator or insurance company is eligible for free seminar attendance once annually if such non-lawyer claims executive is sponsored by a DRI member and accompanied by the sponsoring DRI member at that seminar.
This program does not apply to DRI Annual Meetings. Additionally, our Counsel Meeting Incentives Program remains in place, and we feel it will continue to be attractive because it provides the added benefit of free travel and lodging to qualifying corporate members.
Electronic registration forms are available on the DRI website for member and non-member claims executives. Should you have any questions about this new incentive program for claims professionals, please contact DRI Customer Service at 312.795.1101 or custservice@dri.org.
Sharing Success
 DRI’S Women in the Law Committee proudly presents Sharing Success–A Seminar for Women Lawyers to help women lawyers maximize their full potential inside and outside of the courtroom. This seminar, to be held February 23–24 in Scottsdale, Arizona, addresses the unique challenges women face in the practice of law and offers an alternative model for success, based on a woman’s distinctive communication style and personality. The program is both educational and enriching, geared to help you hone your trial and business development skills. It is also an opportunity to participate in a variety of networking and social activities. This seminar boasts distinguished faculty from around the country, including in-house lawyers from some of the most recognized companies in America, experienced and successful trial lawyers, and nationally prominent marketing and trial consultants.
What You Will Learn
- Advice from in-house attorneys on how to prepare an in-depth initial case assessment
- How to take a great deposition
- The secrets to picking the right jury
- Tips and tricks to perfect your pitch so you can win the work
- How to market yourself by being yourself
- What Hollywood can teach us about ethics
Online registration will be available until February 22. On-site registration will also be available. Don’t miss out on this great seminar and networking opportunity!
DRI Product Liability Conference Is Heading to Las Vegas!
 DRI’s Product Liability Conference, taking place April 11–13 in Las Vegas, is indispensible for anyone who defends product liability litigation. Attendees will learn about the latest trends and decisions affecting product liability cases and get valuable practice tips, strategies and trial techniques to gain an advantage in defending the modern product liability case. Main stage speakers include experienced and well known product liability defense trial lawyers, in-house counsel and government lawyers. The specialized litigation group (SLG) sessions will offer detailed analysis in 18 different product practice areas. This conference offers unmatched opportunities to keep abreast of current issues, earn CLE and network.
What You Will Learn
- The current and future impact of Consumer Product Safety Commission regulations on product liability litigation and accident database experience
- Ethical limits on influencing Internet content during trial
- The future of warning claims in the global marketplace
- Tools for uncovering key bias information to attack plaintiffs’ experts
- Practical advice for managing failure modes and effects analysis issues
- Latest trends and issues in product liability
Advance registration is open through March 22, 2012. Register now to be included on the pre-registration list and get a sneak preview of this fantastic event by receiving all seminar materials in advance.
What Are the Keys to Conducting Great Depositions?
 Taking a deposition of a plaintiff or a key fact witness is a big step for a young lawyer, and success depends on proper preparation, great listening skills, and artful follow-up. Outlines and stock questions are great, but it’s an attorney’s ability to listen to the answers and follow the path provided by a witness that will determine whether it’s a good deposition or a great deposition. During "Framing the Story: Plaintiff and Fact Witness Depositions," we’ll give you the keys to success and a path to conducting great depositions.
What You Will Learn
- How to prepare to depose a plaintiff
- How and when to use an outline
- How to listen effectively to a deponent
- When to attack and when to hold back
- How to assure that the deposition is clear and useful
Did you know, 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.
Download Now Available for the DRI Law Student Diversity Scholarship!
DRI announces its annual Law Student Diversity Scholarship program, open to incoming second- and third-year African American, Hispanic, Asian and Native American students. The goal of these scholarships is to provide financial assistance to two worthy law students from ABA accredited law schools in order to promote, in a tangible way, the DRI Diversity Statement of Principle. Incoming second- and third-year female law students are also eligible, regardless of race or ethnicity. Incoming second- and third-year law students who also come from backgrounds that would add to the cause of diversity, regardless of race or gender are eligible to apply. To qualify for this scholarship, candidates must be full-time students. Evening students also qualify for consideration if they have completed one-third or more of the total credit hours required for a degree by the applicant’s law school. Two scholarships in the amount of $10,000 each will be awarded to applicants who best meet the following criteria:
- Demonstrated academic excellence
- Service to the profession
- Service to the community
- Service to the cause of diversity
Visit the DRI website for full details on eligibility and to download the scholarship application.
Podcasts Available for Purchase
 Did you know for every webcast offered by DRI, the specific webcast is recorded and formed into an audio podcast? Podcasts are currently $35.00 per download and can be downloaded straight from the DRI website. They are formatted to fit an iPod, mp3, and any other audio device. Recent highlighted podcasts include: “Combating Efforts to Cast a Wide Net: New Enforcement Approaches to Pursue Off-Label Promotion” and “Hiring, Testing, Promoting and Terminating Employees After Ricci v. DeStefano.” Over 40 podcasts are available for purchase and instant streaming from the DRI website to your audio device. Catch up on webcasts you may have missed and create your own podcast library!
Comprehensive Insurance Guide
.jpg) The DRI Excess and Umbrella Insurance State-by-State Compendium is a comprehensive guide designed to provide coverage counsel, attorneys defending insureds, insurers, and corporate counsel with an understanding of umbrella/excess insurance and related issues that can arise during litigation. It includes an in-depth, jurisdiction-specific examination of several critical areas, including whether and when an excess insurer must "drop down"; loss allocation; horizontal and vertical exhaustion; duties among primary and excess/umbrella insurers; duties to defend and to reimburse for defense costs; notice issues; notable case analyses; and much more. Cost is $125 member/$155 for nonmember in CD format. Hard copy is $180 member/$210 for nonmember.
Networking Pricing Is Available!
Would you like to make DRI publications such as this available to your entire firm? Network pricing is available for all publications in the DRI Bookstore. If you are interested in making any DRI publication available on your firm's network, contact DRI Customer Service at 312.795.1101 for more information on network licensing. Visit the DRI Store and make your purchase today.
Unveiling the Medical Records Plaintiff Does Not Want You to Find
by Robert Abramson, Kopka, Pinkus, Dolin & Eads, Farmington Hills, MI
It is not surprising that plaintiffs claiming to be injured in auto accidents are often evasive about their prior medical history and treaters. In an article published by the American Medical Association, “Examinee-Reported History Is Not a Credible Basis for Clinic,” Robert Barth, Ph.D., cites numerous studies confirming that claimants tend to misrepresent their pre-claim functioning as having been “superhuman,” and distort their reported history in a fashion that potentially inflates the financial compensation for their claims.
[FULL STORY]
Eric G. Johnson
.jpg) DRI member Eric G. Johnson, a partner with Smith, Sovik, Kendrick & Sugnet, PC in Syracuse, New York, successfully defended a local surgeon in a medical malpractice claim and secured a verdict absolving the defendant after the jury deliberated for only one hour.
[FULL STORY]
Thomas C. Gallagher
 DRI member Thomas C. Gallagher, a senior associate with Deasey, Mahoney, Valentini & North, Ltd. in Philadelphia, successfully defended the County of Berks and its jail officials in a civil rights lawsuit, following a jury trial in the District Court for the Eastern District of Pennsylvania. The plaintiff, a former inmate at the county jail, alleged that two corrections officers, the warden and the county violated his Eighth Amendment rights by allowing him to occupy a cell with a known dangerous condition, after the upper bunk bed pan collapsed on him when his cellmate jumped onto the upper bunk; that the disciplinary unit officers were deliberately indifferent to him by not responding to cries for help after the collapse and, finally, the county and the warden were negligent for failing to inspect the bunk beds.
[FULL STORY]
Michael A. Pope
 DRI member Michael A. Pope, a partner with McDermott Will & Emery in Chicago, led the defense team that secured an important victory for Bituminous Casualty Corporation (Bituminous) in an insurance bad faith lawsuit on appeal before the U.S. Court of Appeals for the Third Circuit.
[FULL STORY]
Jennings L. Hurt III
.jpg) DRI member Jennings L. Hurt III of Rissman, Barrett, Hurt, Donahue & McLain, P.A. in Orlando, Florida, teamed with a partner recently to obtain a defense verdict for Orlando Health, Inc. and Howard Smith, M.D., after a four-week medical malpractice bodily injury trial in Orlando.
[FULL STORY]
Wayne D. Taylor
.jpg) DRI member Wayne D. Taylor, a partner with Mozley, Finlayson & Loggins LLP in Atlanta, and a colleague successfully represented ACE American Insurance Company in an appeal filed by RaceTrac Petroleum, Inc. in the United States Court of Appeals for the Eleventh Circuit. RaceTrac appealed the trial court’s dismissal of RaceTrac’s complaint seeking a judicial declaration of liability insurance coverage for RaceTrac under ACE’s excess liability insurance policies. ACE had denied coverage under the commercial general liability insurance policies for claims against RaceTrac in underlying lawsuits, which alleged that the plaintiffs sustained personal injuries from exposure to benzene vapors in gasoline during their employment at a RaceWay service station between 2005 and 2007.
[FULL STORY]
Keep those defense wins coming! Send a short summary in Word format and a recent photo (.jpg or .tiff attachment) of yourself to Barb Lowery by email (blowery@dri.org). Please note that it could take two or three months for your win to get published. Just as the defense victories continue to pile up, the same is true for the submissions!
David Pocius
 We are pleased to focus DRI’s leader spotlight on David Pocius, a director at the Burlington, Vermont, firm of Paul Frank + Collins P.C. His practice focuses on commercial litigation, property and construction, and employment law. He maintains an active practice in the state and federal courts of Vermont and New York. Mr. Pocius and Laura D. Eschleman of Nall & Miller, LLP in Atlanta, currently serve as co-chairs of the Legislative Liaison Subcommittee of DRI’s Young Lawyers Committee. This subcommittee provides the legislative tracking that DRI members see in The Voice. Jim Pattilo, First Vice Chair, Young Lawyers Committee, commented, "David exemplifies the qualities of an excellent lawyer in that he is innovative, hard-working and reliable. I’m confident he will be a great asset to our committee for years to come." He is also a member of DRI’s Appellate Advocacy, Construction Law and Trial Tactics Committees.
[FULL STORY]
| DRI Blog—The Defense Perspective |
California Block Expansion of Product Liability Law
Posted by Christopher W. Wood and Lisa Oberg on February 7
Important Limits On Class Action Arbitration Waivers
Posted by James D. Smith on February 6
Shilling for Dollars: How the FTC Wants to Save Us from Unscrupulous Bloggers (and Ourselves)
Posted by Kurt Stitcher on February 3
FCC Inching Closer to Ending NFL Blackouts
Posted by Joseph M. Hanna on February 2
People often complain about lack of time when the lack of direction is the real problem.
—Zig Ziglar
The Young Lawyers Legislative Subcommittee is led by co-chairs Laura D. Eschleman of Nall & Miller, LLP in Atlanta, Georgia, and David M. Pocius of Paul Frank + Collins PC in Burlington, Vermont, along with co-vice chairs Loretta Hoskins of Chaffe McCall, LLP in New Orleans, Louisiana, and Darryl Thomas II of Larson King LLP in Saint Paul, Minnesota. Special thanks to these leaders, along with all of the other federal and state contributors. This week’s tracking covers includes Kansas, Michigan, Minnesota, Missouri, Nebraska and New York.
ARIZONA (Contributor: Patrick C. Gorman, Jones, Skelton & Hochuli, PLC, Phoenix, Arizona)
NEW BUSINESS
LIFE, HEALTH & DISABILITY
HB 2546, relating to medical expenses
• Adds a new section to § 12-557 stating that in a claim to recover medical expenses as a result of injury or death, claimant shall recover reasonable medical expenses or, if none were paid, then he gets the reasonable and necessary expenses for which he is obligated
• “Reasonable medical expenses” are defined as “the expenses for which monies were actually paid by the claimant, the claimant’s health insurance company or any other collateral source in full satisfaction of the services rendered,” including the deductible”
• 01/10/12 – Read twice and referred to Judiciary and Rules Committees
LAW PRACTICE MANAGEMENT
SB 1183, relating to false court filings
• Providing that a person shall not file a document containing false information in court, or provide such a document to another knowing it will be filed in court, or else faces a civil fine of $1,000 for each page containing false information
• Court keeps the fine money for its use
• 01/23/12 – Read twice and referred to Judiciary and Rules Committees
EMPLOYMENT AND LABOR LAW
HB 2351, relating to employment discrimination
• Increases the statute of limitations from one year to two years and specifies the circumstances under which a claimant can get compensatory and punitive damages in unlawful employment practices cases
• 01/18/12 – Read once and referred to Judicial, Commerce, and Rules Committees
TECHNOLOGY, INSURANCE LAW
HB 2321, relating to texting while driving
• Prohibits texting while driving
• Allows drivers to enter a phone number for the purpose of making a cell phone call
• Exception if you are in a lane of traffic but are not moving for some reason other than a red light or stop sign
• 01/18/12 – Read twice and referred to Judiciary and Rules Committees
TRIAL TACTICS
HB 2652, relating to deadly force, reporting, and admissibility
• If a person is involved in the threatened or actual use of deadly force, and the person promptly calls police or medical for help, the person’s statement is not admissible in a civil or criminal action against him, except for impeachment purposes
• Purpose is to encourage prompt reporting
• 01/18/12 – Read once and referred to Judicial, Commerce, and Rules Committees
PRODUCT LIABILITY
SB 1336, relating to liability for punitive damages
• Exempts a manufacturer from liability for punitive damages if the manufacturer follows federal, state, or agency-issued product standards
• 01/30/12 – Read twice and referred to Commerce and Energy and Rules Committees
OLD BUSINESS
GOVERNMENTAL LIABILITY
SB 1016, relating to workers’ compensation
• Specifies that schools have immunity from liability for use of school grounds during non-instructional times, excludes swimming pools and other aquatic features
• 01/10/12 – Read twice and referred to Education Committee and Rules Committee
• 01/19/12 – Passed and transmitted to the House
SB 1071, relating to Racial Profiling
• Prohibits officers from detaining individuals based solely on any noncriminal factor of combination of noncriminal factors.
• Prohibits officers from engaging in racial profiling
• Creates training requirements for officers to stress understanding of racial, ethnic, national, religious, and cultural differences.
• Defines racial profiling as “the practice of a peace officer who relied to any degree on race, ethnicity, national origin, or religion in selecting which individual to subject to routine invest gory activity or deciding on the scope and substance of law enforcement activity following the initial routine investigatory activity.”
• 01/11/12 – Read twice and referred to Public Safety and Human Services Committee, Judiciary Committee, and Rules Committee.
• 01/19/12 – No legislative event
CORPORATE COUNSEL
HB 2151, relating to voluntary classification settlement program
• Establishes a voluntary classification program under which an employer can voluntarily reclassify workers as employees for state employment tax purposes, obtain relief from potential tax penalties, and pay limited state employment tax for the past treatment of workers as nonemployees
• Introduced to House
• 01/17/12 – Referred to Way and Means Committee and Rules Committee
INSURANCE LAW
HB 2281, relating to used tire establishments
• Prohibits the sale of unmounted, unsafe used tires
• Prohibits the installation of unsafe used tire on a vehicle.
• Defines used tire as: Less and 1/16" of tread;Exposed reinforcing plies;Improperly repaired tire;Tire is repaired with tire sealant;Tire was recall due to safety;Inner lining or bead damage
• Bulging or irregular tread
• Introduced to House
• 01/17/12 – Referred to Commerce, Transport ration, and Rules Committee
ENVIRONMENTAL & TOXIC TORT
HB 2386, relating to successor asbestos claims
• Restricts liability for asbestos claim of a successor corporation to the fair market value of the total gross assets of the transferor corporation determined at the time of the merger or consolidation
• Successor corporation does not have responsibility for successor asbestos related claims in excess of this limitation
• Introduced to House
• 01/18/12 – Read in House twice, Referred to Judiciary and Rules Committee
[FULL STORY]
Toxic Torts and Environmental Law
February 9-10, 2012
Fontainebleau Miami Beach, Miami Beach, FL
Framing the Story: Plaintiff and Fact Witness Depositions (webcast)
February 14, 2012
Trucking Law
February 16-17, 2012
The Westin Kierland, Scottsdale, AZ
Sharing Success—A Seminar for Women Lawyers
February 23-24, 2012
The Westin Kierland, Scottsdale, AZ
Medical Liability and Health Care Law
March 8-9, 2012
Hilton New Orleans Riverside, New Orleans, LA
Trial Tactics
March 14-16, 2012
Bally's Las Vegas, Las Vegas, NV
Rainmaking
March 14-16, 2012
Bally's Las Vegas, Las Vegas, NV
Insurance Coverage and Claims
March 28-30, 2012
The Westin Michigan Avenue, Chicago, IL
Product Liability
April 11-13, 2012
The Venetian Palazzo Hotel, Las Vegas, NV
Making Your Case: Defending a Corporate or Client Deposition (webcast)
April 11, 2012
When Outsiders Invest in Lawsuits (webcast)
April 20, 2012
Life, Health, Disability and ERISA Claims
April 25-27, 2012
Swissôtel Chicago, Chicago, IL
Employment and Labor Law
May 2-4, 2012
Sheraton Chicago Hotel & Towers, Chicago, IL
Clearing the Weeds: Artful Expert Witness Depositions (webcast)
May 9, 2012
Drug and Medical Device
May 10-11, 2012
For all other seminars and webcasts, click here.
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