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					The Voice - January 9, 2008                                                                          Page 1 of 6

From: DRI []
Sent: Wednesday, January 09, 2008 4:31 PM
To: Bobby Truitt
Subject: The Voice - January 9, 2008

 The Voice - January 9, 2008                                                                 VOLUME 7 ISSUE 1

  In This Issue           This Week's Feature                                               DRI Products
                          Intellectual Property Litigation: Consider the Law of
   This Week's            Unintended Consequences
   Feature                By Joseph G. Fortner, Jr., Halloran & Sage LLP
   Legal News
                          DRI's Commercial Litigation Committee includes seven
   DRI News               substantive law groups; one of its most active is the
   And The                Intellectual Property SLG, chaired by Peter Strand. The
                                                                                            Jury Instructions
   Defense Wins!          committee's 2008 Intellectual Property Litigation Seminar
                                                                                            for Employment
   Committee              is scheduled for September 4 and 5 in Chicago, and the
                                                                                            Defense Litigators
   Spotlight              Steering Committee, led by co-chairs William Coston and
                          Julie Katz, are developing a program of fascinating material
   Legislative            focused on trademarks, patents, trade secrets, copyrights,
   Tracking               and related topics, using a hypothetical to bring it into a
   Quote of the           litigation context.
                          [FULL STORY]
                                                                                            Products Liability
   Calendar               Legal News                                                        Defenses-2007

  Links                   Seven Year Terrorism Risk Insurance Extension Passes
                          The House relented on its previously proposed compressive
  About DRI               15 year Terrorism Risk Insurance Revision and Extension Act
                          of 2007 (TRIREA) and, in the face of a certain Presidential
  Membership              veto, adopted and passed the more modest Senate and
                          "Presidentially acceptable" TRIREA bill on December 18,
  Membership & Referral   2007. The President signed the bill on December 26, 2007,
                          with only five days left before the current program was
                          mandated to expire.
  Update Member Profile
                          [FULL STORY]

  Pay Dues Online
                          DRI News
  CLE Seminars and
  Events                  Judicial Appointment
                          Congratulations to Patricia J. Kerrigan, a founding partner of
  Committees              Werner Kerrigan & Ayers LLP in Houston, who has been
                          appointed by Governor Rick Perry to serve as the 190th
  Expert Witness          Judicial District Court Judge representing Harris County, for a
                          term to expire after the next general election. The Honorable
                          Patricia J. Kerrigan is a past DRI board member and
                          secretary-treasurer. She is also a past president of the Texas
                          Association of Defense Counsel and the ADTA.
  DRI Europe

  Archive                 Include Your Voice in DRI'S Diversity Committee
                          Formerly operating as a special committee, the Diversity
                          Committee is now recognized as a substantive law

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                        committee with the capability to effect change within the
                        defense bar. Membership in the Diversity Committee is open
                        to all members, regardless of the number of other DRI
                        committees to which you currently belong. DRI members are
                        invited to take advantage of this unique opportunity to shape
                        the committee's development. Chair Raymond M. Williams
                        of DLA Piper US LLP states, "to truly represent the voice of
                        the defense bar on diversity issues, we need the input of the
                        entire community. So whatever your race, ethnicity, gender,
                        religion, or other personally defining characteristics, I ask you
                        to please join our committee and include your voice."
                        [FULL STORY]

                        Great Exposure for Your Firm/Company in 2008
                        Take advantage of a wide range of sponsorship benefits,
                        from on-site signage to recognition in the schedule of events
                        to your company logo in the seminar brochure. If you are
                        interested in sponsoring at a DRI seminar, please click here
                        to view available sponsorship opportunities or contact Kasey
                        Stewart at or call 312.698.6252.

                                     Product Liability Cases and the Duty to Warn:
                                     A 50 State Compendium
                                     In DRI's newest Defense Library Series
                                     publication, leading defense lawyers from every
                        state in the U.S. (plus Washington, D.C. and Canada)
                        discuss and analyze the duty to warn. The author of each
                        state chapter is a seasoned practitioner with significant
                        experience in defending product liability cases and other
                        types of litigation in his or her jurisdiction.
                        [FULL STORY]

                       And The Defense Wins!
                                      Jack E. (Bobby) Truitt of The Truitt Law Firm,
                                      L.L.C. in New Orleans, Louisiana recently
                                      obtained a summary judgment for Walgreens in
                                      a case where the plaintiff alleged that various
                                      pharmacies had filled prescriptions for
                                      Depakote, which allegedly resulted in birth
                                      defects for her then-unborn child. The basis of
                        the motion was that the plaintiff could not prevail in
                        establishing a causal connection between the alleged
                        wrongful conduct and the birth defects. As an aside, the case
                        had already been to the Louisiana Supreme Court in Bailey v.
                        Khoury, 891 So.2d 1268 (La. 2005) on an issue of first
                        impression as to whether the statute of limitations runs
                        against an unborn fetus; the Supreme Court answered that
                        question in the negative.

                                      David S. Worthington, a partner in the
                                      Sacramento office of Lewis Brisbois Bisgaard
                                      & Smith, obtained a defense verdict in a lawsuit
                                      against Goodyear claiming negligent vehicle
                                      repairs. The case was tried in Superior Court in
                                      Sacramento, California. The plaintiff had tire
                                      work performed by a Goodyear Tire store, and
                        alleged that the Goodyear service tech did not properly

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                        torque the lug nuts for the car's left front tire/rim. One mile
                        after leaving the defendant's store, the plaintiff was in a single
                        vehicle accident when the left front tire/rim fell off the vehicle.
                        [FULL STORY]

                                                     Melissa Hoag Sherman and
                                                     former DRI board member
                                                     Frederick K. Starrett of Lathrop
                                                     & Gage L.C. in Overland Park,
                                                     Kansas recently received a
                                                     defense verdict in a medical
                                                     malpractice, wrongful death case
                        after a three week jury trial in Jackson County Circuit Court,
                        Independence, Missouri.
                        [FULL STORY]

                        DRI member Eric Strobel of the Minneapolis office of
                        Hinshaw & Culbertson LLP teamed with DRI members
                        Diane Bratvold and Eric Magnuson of the Minneapolis
                        office of Briggs and Morgan, PA recently to obtain a
                        favorable decision on behalf of their client, OneBeacon
                        Insurance Company, before the Minnesota Court of Appeals.
                        The Court of Appeals reversed a verdict in excess of $52
                        million and remanded the case for a new trial, in light of
                        numerous significant errors by the trial court.
                        [FULL STORY]

                        On July 25, 2007, a Pinellas County, Florida jury released
                        Ford Motor Company from a $23 million claim brought
                        against Ford and Evenflo Company, Inc. by the mother of a
                        child who suffered a catastrophic brain injury in a car accident
                        in 2003. Ford Motor Company was represented by DRI
                        members Sandra Giannone Ezell of Bowman and Brooke
                        LLP in Richmond, Virginia and Penelope Dixon of Carlton
                        Fields, PA in Tampa, Florida. Evenflo Company, Inc. was
                        represented by DRI member Arthur J. Laplante and Neil A.
                        Covone of Hinshaw & Culbertson, LLC in Fort Lauderdale.
                        [FULL STORY]

                        DRI wants to hear about your defense win! Send a short
                        summary and recent photo of yourself to Barb Lowery by e-
                        mail ( or fax (312.252.0959).

                       Legislative Tracking

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                        Legislative Update - GOVERNMENTAL LIABILITY
                        IN SB 140: Claims against governmental entities.
                        • Provides that for purposes of the laws concerning tort
                        claims against governmental entities and the political
                        subdivision risk management fund, an act or omission from
                        which the liability of a governmental entity arises includes any
                        related acts or omissions regardless of the number of injuries
                        sustained by a person.
                        • 01/08/2008 - Introduced; referred to Committee on the

                        EMPLOYMENT LAW
                        IN SB 128: Equivalent jobs and wage discrimination.
                        • An Act to provide that an employer may not discriminate
                        against an employee on the basis of sex, race, or national
                        origin by paying a wage less than the wage paid to an
                        employee of another sex, race, or national origin for work in
                        an equivalent job; to require an employer to keep certain
                        records of wages paid to an employee and to provide certain
                        documentation to the employee, including an annual
                        statement of how the wages were calculated; and for related
                        • 01/08/2008 - Introduced; referred to Committee on Pensions
                        and Labor.
                        New Hampshire
                        NH HB 1131: Poll worker protection.
                        • This bill protects poll workers against negative employment
                        actions for their service on election day.
                        • 01/02/2008 - Introduced.

                        INSURANCE LAW
                        New Hampshire
                        NH HB 1578: Insurance fraud.
                        • This bill clarifies the laws relative to insurance fraud,
                        including adding a fine for failure to report fraudulent claims;
                        specifying the commissioner's use of fraud unit information;
                        adding insurance producers to the laws regarding theft by
                        misapplication of property; and defining insurance document
                        for the purposes of forgery. This bill is a request of the
                        insurance department.
                        • 01/02/2008 - Introduced; referred to Commerce Committee.
                        TN HB 2429: Punitive damages exclusions.
                        • Requires policies of insurance that exclude punitive
                        damages to have such exclusion in a bold font and be
                        included in the policy declarations; and for related purposes.
                        • 01/08/2008 - Introduced.

                        Rhode Island
                        RI HB 7049: Health Care Rights of Conscience Act.
                        • This act would provide protection from discrimination to all
                        health care providers who chose not to participate in a health
                        care service that violates the conscience of the health care
                        provider. The act would also provide a civil cause of action for
                        damages in instances of violations of this act.
                        • 01/03/2008 - Introduced; referred to Committee on the

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                        PUNITIVE DAMAGES
                        VT SB 272: Punitive Damages.
                        • An Act relating to allowing punitive damages for intentional
                        misconduct or gross negligence.
                        • 01/08/2008 - Introduced; referred to the Committee on the

                        New Jersey
                        NJ SB 176: Wrongful Death Act amendments.
                        • Expands wrongful death act to allow recovery for mental
                        anguish, emotional pain and suffering, loss of society and
                        loss of companionship.
                        • 01/07/2008 - Passed Assembly (passed both houses).

                       Committee Spotlight
                                            Drug and Medical Device Committee
                                            2008 will mark the 24th year that DRI's
                                            Drug and Medical Device Committee has
                                            been in existence. From its first year under
                                            the guidance of Buffy Cohen of Ice Miller,
                        through the succeeding years of hard work by other
                        dedicated chairs, to the most recent efforts of the immediate
                        past chair, Ed Sledge of McDowell Knight Roedder &
                        Sledge LLC, the committee has provided an increasing
                        number of services to DRI members who defend
                        manufacturers of pharmaceuticals and medical devices. The
                        focus of the committee's work is the annual Drug and
                        Medical Device Seminar, which has grown to attract more
                        than 1,000 in-house and outside lawyers. This program is the
                        best of its kind, including trial skills demonstrations by many
                        of the country's leading trial lawyers, and presentations on
                        cutting-edge topics in pharmaceutical and medical device
                        litigation. The seminar will be held in New Orleans, May 1-2,
                        2008, and the topics and speakers are better than ever.
                        [FULL STORY]

                       Quote of the Week
                        Energy and persistence conquer all things.
                        ‐Benjamin Franklin

                       DRI CLE Calendar
                        So You Have a Positive Drug Test, Now What?
                        January 22, 2008

                        Civil Rights and Governmental Tort Liability
                        January 24-25, 2008
                        Hyatt Regency Scottsdale, Scottsdale, Arizona

                        Product Liability

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                            February 6-8, 2008
                            Arizona Biltmore, Phoenix, Arizona

                            Appellate Advocacy
                            February 28-29, 2008
                            JW Marriott Orlando, Grande Lakes, Orlando, Florida

                            Toxic Torts and Environmental Law
                            February 28-29, 2008
                            The Ritz-Carlton, New Orleans, New Orleans, Louisiana

                            Sharing Success: A Seminar for Women Lawyers
                            March 6-7, 2008
                            Pointe Hilton Tapatio Cliffs, Phoenix, Arizona

                            Medical Liability and Health Care Law
                            March 12-14, 2008
                            InterContinental San Francisco, San Francisco,

                            March 26-28, 2008
                            Caesars Palace, Las Vegas, Nevada

                            Insurance Coverage and Practice
                            April 9-11, 2008
                            The Drake Hotel, Chicago, Illinois

                            Trucking Law
                            April 17-18, 2008
                            Pointe Hilton Tapatio Cliffs, Phoenix, Arizona

                            For all other seminars and teleconferences, click here.

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