Friday, January 20, 2012
DAVID SCHULTZ TO PRESENT ON THE DEATH PENALTY AND THE IMPACT OF THE INNOCENCE PROJECT
On February 3, 2012, David Schultz will present "How the Innocence Project Changes our Dialogue on the Death Penalty" at the Minneapolis Sabes JCC. The program will examine the rationales typically put forth to justify execution in this country, how recent exonerations can/should impact that discussion, and the critical role played by the Innocence Project. The program will be hosted by the Congregation Or Emet and is free and open to the public.
David Schultz is a partner in Maslon's Litigation Practice Group and focuses his practice on trial and appellate work in healthcare/medical malpractice and medical devices, intellectual property, commercial litigation, and civil and criminal fraud. David served on the Board of the Innocence Project for six years and has represented defendants on death row. Currently, he is leading the habeas effort to free Tyrone Armstrong from death row in Texas. David's work on the Innocence Project reflects his long-standing passion for fairness in our justice system.
JESSIE ZEIGLER NOMINATED TO FEDERAL COURT COMMITTEE OF NASHVILLE BAR ASSOCIATION
Bass, Berry & Sims attorney Jessie Zeigler was nominated by Judge Trauger to co-chair the Federal Court Committee of the Nashville Bar Association.
SAMUEL HABEEB CO-RECIPIENT OF THE 2011 ANGEL AWARD
Forman Perry Waktins Krutz & Tardy attorney, Samuel D. Habeeb, is the co-recipient of the 2011 Angel Award given by the Jackson Center for Violence Prevention. The Center and Clinton Municipal Court partner together to provide services for domestic violence victims and survivors, while effectively prosecuting and rehabilitating abusers. The Center operates a successful offender program which is essential in the efforts of keeping victims safe.
SANDBERG PHOENIX OPENS FIFTH OFFICE IN ALTON, ILLINOIS
Sandberg Phoenix & von Gontard P.C.,a full-service law firm headquartered in St. Louis, Missouri, is proud to announce the opening of its new office in Alton, Illinois.
The new office will be managed by J. Thomas Long. For 34 years, Tom has served clients as a trusted attorney and business advisor, and he is an active member of the local business community. Tom focuses his practice in commercial and business matters including the formation or reorganization of businesses, purchase or sale of businesses, transactional work relating to contracts, leases and real estate, and general business planning and advice for clients.
The Alton, Illinois, office marks the fifth location for Sandberg Phoenix. With three fully-staffed offices already located in Carbondale, Edwardsville, and O’Fallon, the addition of the Alton office reaffirms the firm’s commitment to serving clients in Southern Illinois.
EATON CORPORATION SELECTS SANDBERG PHOENIX AS A 2012 "GO-TO LAW FIRM" FOR LITIGATION
Sandberg Phoenix & von Gontard P.C. has been selected by Eaton Corporation as a “2012 Go-To Law Firm® for the Top 500 Companies” in the area of Litigation. This marks the fifth consecutive year that Eaton Corporation has chosen Sandberg Phoenix for this recognition.
The honor of being named a “Go-To Law Firm” was given to a select group of firms that deliver exceptional work for the nation’s top companies. This selection was based on data gathered from General Counsel of Fortune 500 companies and through research in various key databases.
With this listing, Sandberg Phoenix will appear in the 9th annual In-House Law Departments at the Top 500 Companies, an ALM publication.
HOOD LAW FIRM RECEIVES DEFENSE VERDICT IN MEDICAL MALPRACTICE WRONGFUL DEATH JURY TRIAL
Molly Craig and Robert H. Hood, Jr., along with associate Brian E. Johnson, received a defense verdict on December 15, 2011 after a seven day wrongful death medical malpractice jury trial in the Circuit Court of South Carolina, Charleston County. The Estate brought suit for the death of a 51 year old mother of two who died after receiving gadolinium for an MRI with contrast dye. The decedent presented to a diagnostic radiology suite for an MRI with contrast for ongoing back pain. Shortly after receiving the contrast dye, the decedent had a reaction, resulting in a seizure. Following the seizure, the Defendant radiologist assessed and monitored the decedent while she was in a postictal state and arranged for transfer of the patient to the Emergency Department for further evaluation. During the transport to the hospital, the patient expired.
The Plaintiff’s expert alleged the doctor failed to timely respond to the patient having a contrast reaction to the dye and failed to treat the patient for anaphylactic shock by not giving any medicine, both of which resulted in her death. The autopsy report listed the cause of death as anaphylaxis. The defense presented testimony that the decedent did not have the medical signs and symptoms of anaphylaxis and the doctor properly treated the patient for a seizure. Additionally, the defense disputed the cause of death in the autopsy report by proving the decedent had cocaine metabolites in her system which resulted in a drug toxicity and her death was ultimately caused by a cardiac arrhythmia and resulting cardiac arrest. The jury returned a verdict for the defense after deliberating for two hours and fifteen minutes.
Wednesday, December 07, 2011
GOODELL ATTORNEYS SUCCESSFULLY DEFEND INTERNIST IN WRONGFUL DEATH CLAIM
Craig B. Merkle and Thomas G. Coale of Goodell DeVries Leech & Dann obtained a defense verdict this week in the Circuit Court for Carroll County, Maryland in a medical malpractice claim arising from the unexpected death of a 39 year old patient. In the case of Powell v. Dr. B, the plaintiffs alleged that the decedent sustained a fatal pulmonary embolism more than a month after a fasciotomy to treat compartment syndrome in his lower extremity. The plaintiffs alleged that the internist who discharged the patient from the hospital should have ordered extended DVT prophylaxis in the form of Lovenox or Coumadin based upon a series of alleged risk factors for DVT, including obesity, reduced mobility, smoking, edema and infection. The defense successfully argued that existing practices did not require the use of dangerous blood thinners, especially since the plaintiff was able to weight bear after his surgery and had no history of thrombophilia or clotting disorders.
Tuesday, December 06, 2011
BASS BERRY & SIMS NAMED ONE OF THE NATION'S "30 BEST" LAW FIRMS FOR CLIENT SERVICE
Blue-Chip Firm Earns Coveted Ranking in “The BTI Client Service 30”
Bass, Berry & Sims PLC is pleased to announce that in a national survey of Fortune 1000 in-house counsel it has been named to the 2012 BTI Client Service A-Team which consists of 30 elite national and international law firms recognized for providing exceptional client service.
According to the survey of 240 in-house corporate counsel which ranks more than 650 law firms across the country, Bass, Berry & Sims ranked in the top 30. The survey is fully independent and no law firm can buy, self-recommend, self-nominate or influence the outcome.
In-house counsel cited Bass, Berry & Sims for its responsiveness, commitment, value and anticipation of client needs. Survey respondents praised the firm’s understanding of their specific companies and long-term business objectives.
The BTI report uses 17 specific indices to measure superior client/counsel relationships. Bass, Berry & Sims earned client recognition in 14 of those categories, with standing in each of the four most highly valued strategic areas: Client Focus, Commitment to Help, Understanding the Client’s Business, and Providing Value for the Dollar.
“It is immensely rewarding to know that the hard work and dedication of our lawyers and staff is so clearly recognized by our clients,” said Bass, Berry & Sims Managing Partner Keith Simmons. “This inspires us to achieve greater levels of professional service in the future.”
MID-SOUTH SUPER LAWYERS LISTS 42 BASS BERRY & SIMS ATTORNEYS IN 17 PRACTICE AREAS
Bass, Berry & Sims PLC is pleased to announce that 42 of its attorneys were named to Mid-South Super Lawyers 2011 list in more than 15 different practice areas. In addition, 7 attorneys were recognized in the Rising Stars category.
Listed Knoxville attorney includes:
G. Mark Mamantov: Bonds/Government Finance
Listed Memphis attorneys include:
John A. Good: Securities & Corporate Finance
J. Brook Lathram: Business Litigation
Stephen W. Ragland: Business Litigation
John C. Speer: Business Litigation
Richard R. Spore III: Real Estate
John A. Stemmler: Real Estate
Shepherd D. Tate: Alternative Dispute Resolution
David A. Thornton: Employee Benefits/ERISA
Listed Nashville attorneys include:
H. Lee Barfield: Business Litigation
Coburn Dewees Berry IV: Real Estate
James H. Cheek III: Securities & Corporate Finance
Michael L. Dagley: Business Litigation
J. Page Davidson: Business/Corporate
Wallace W. Dietz: Business Litigation
David R. Esquivel: Business Litigation
Samuel L. Felker: Personal Injury Defense: Products
Tim K. Garrett: Employment & Labor
J. Andrew Goddard: Environmental
James C. Gooch: Estate Planning & Probate
B. Riney Green: Mergers & Acquisitions
R. Dale Grimes: Antitrust Litigation
L. Wearen Hughes: Business Litigation
Paul G. Jennings: Bankruptcy & Creditor/Debtor Rights
David A. King: Securities Litigation
Howard H. Lamar III: Business/Corporate
Anthony J. McFarland: Securities Litigation
Claire F. Miley: Health Care
William N. Ozier: Employment & Labor
Michael S. Peek: Real Estate
J. Bradbury Reed: Securities & Corporate Finance
Cynthia N. Sellers: Real Estate
D. Mark Sheets: Real Estate
Michael D. Sontag: Tax
James S. Tate Jr.: Real Estate
G. Scott Thomas: Environmental
Bob F. Thompson: Securities & Corporate Finance
Overton Thompson III: Securities Litigation
F. Mitchell Walker Jr.: Securities & Corporate Finance
Leigh Walton: Health Care
Charles K. Wray: Bonds/Government Finance
Jessalyn H. Zeigler: Personal Injury Defense/Products
Those listed in the Rising Star category include (all in Nashville office):
Ross Booher: International
Robert L. Brewer: Intellectual Property
Anna M. Grizzle: Health Care
D. Scott Holley: Securities & Corporate Finance
Jeffrey A. Oldham: Bonds/Government Finance
Ryan D. Thomas: Business/Corporate
Elizabeth S. Warren: Health Care
Mid-South Super Lawyers also released Top Lists for those attorneys that received the highest point totals in different categories and regions. Listed below are the Bass, Berry & Sims’ attorneys that received these honors.
Top 50 Memphis Mid-South Super Lawyers 2011
J. Brook Lathram
Stephen W. Ragland
Top 50 Women Mid-South Super Lawyers 2011
Leigh Walton
Jessalyn Zeigler
Top 100 Tennessee Mid-South Super Lawyers 2011
H. Lee Barfield II
James H. Cheek III
James C. Gooch
J. Brook Lathram
William N. Ozier
Stephen W. Ragland
Leigh Walton
SNELL & WILMER PARTNER GREG BROWER APPOINTED TO NEVADA MINING COMMISSION
Snell & Wilmer is pleased to announce that Greg Brower, a partner in the firm’s Reno and Las Vegas locations, was recently appointed to the newly created Mining Oversight and Accountability Commission by Nevada Governor Brian Sandoval.
The Commission is charged with overseeing the activities of the various state agencies that have responsibility for the taxation, operation, safety and environmental regulation of mines and mining in Nevada.
Brower’s practice is focused on complex civil and white collar criminal litigation, as well as corporate investigations and administrative law. Prior to joining Snell & Wilmer, Brower served in a variety of senior government posts. From 2003 to 2004, he was with the U.S. Department of Justice in Washington, D.C. He later served at the U.S. Government Printing Office (GPO), first as Inspector General and then as General Counsel. In 2007, he was appointed as U.S. Attorney for the District of Nevada by President George W. Bush and served in that capacity until September of 2009. He currently serves as a member of the Nevada State Senate.
SANDBERG PHOENIX OBTAINS DEFENSE VERDICT IN TRAGIC WRONGFUL DEATH CASE
Sandberg Phoenix & von Gontard P.C. attorneys, Stephen M. Strum and David Z. Hoffman, obtained a defense verdict before Judge Robert Koffman in Pettis County, Missouri. The jury trial lasted eight days and involved the crushing death of a 56 year-old over-the-road truck driver.
Immediately before his death, the decedent was standing between another tractor-trailer and a loading dock. Mr. Strum and Mr. Hoffman represented Cooperative Workshops, Inc. (CWI). One of CWI’s mentally-challenged employees allegedly instructed the tractor-trailer driver that he had permission to back up. Upon backing up, the tractor-trailer pinned the decedent to the loading dock, causing his death.
The main theories against Mr. Strum and Mr. Hoffman’s client included a vicarious liability claim, alleging that the mentally-challenged employee told the tractor-trailer driver he had permission to back his truck when it was unsafe, and that the employee was not properly supervised by CWI’s staff. The plaintiffs were the widow, two adult children, and 92 year-old mother of the deceased.
The economic losses were approximately $1 million, and plaintiffs' counsel asked the jury for an award of $4.5 million. The jury ultimately determined the decedent was 100% at fault for his own death.
Wednesday, November 09, 2011
WHO'S WHO LEGAL RECOGNIZES FOUR BLAKES ATTORNEYS FOR EXPERTISE IN PRODUCT LIABILITY DEFENSE
Who's Who Legal's research has picked out four practitioners at Blakes Cassels & Graydon from across Canada who are recognised nationally and beyond for their expertise in relation to product liability related claims across a range of industries.
"Blake Cassels & Graydon LLP is the leading firm in this sector, and four of its partners earn listings in the chapter. Gordon McKee is widely recognised from his work as lead trial counsel in the first medical products class action to go to trial in Canada, and he is regarded as a “heavy hitter” with clients from across the pharmaceutical, medical device, consumer goods and automotive industries. Alongside him, Mary Jane Stitt is a “class act” recognised for her litigation practice, and Robin Linley is much in demand for his advice to clients as well as for his representation in class actions involving medical devices, pharmaceuticals and consumer products and other related litigation. James Sullivan in Vancouver is one of the leading product liability experts in British Columbia."
CHARLES P. GOODELL, JR. ADMITTED TO AMERICAN COLLEGE OF TRIAL LAWYERS
Charles P. Goodell, Jr. has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America.
The American College of Trial Lawyers is composed of the best of the trial bar from the United States and Canada and is widely considered to be the premier professional trial organization in America. Founded in 1950, the College is dedicated to maintaining and improving the standards of trial practice, the administration of justice and the ethics of the profession.
Fellowship in the College is extended by invitation only, and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Membership cannot exceed one percent of the total lawyer population of any state or province.
Mr. Goodell is a well respected trial lawyer with national recognition for defending complex pharmaceutical, medical device, and toxic tort cases in state and federal courts nationwide. Chambers USA noted that sources describe Mr. Goodell as “instantly accessible, robust in his advice and zealous in driving forward his client’s interests.”
Since founding Goodell DeVries in 1988, he and his partners have successfully built the firm’s product liability practice with many notable clients including, Pfizer, Wyeth, Bayer, AstraZeneca, and A.H. Robins. Some of his vast trial and litigation management experience includes serving as national counsel defending manufacturers of pacemaker leads, blood products used by hemophiliacs, and lung injuries claimed from talc. He also has served on national trial teams defending makers of drugs to treat diabetes, heart valves, COX-2 pain medicine, PPA, statins for treatment of cholesterol, hormone replacement therapy, Neurontin, and diet drug litigation.
U.S NEWS - BEST LAWYERS RANKS AKERMAN SENTERFI AMONG BEST LAW FIRMS
Akerman Senterfitt today announced that U.S. News - Best Lawyers has recognized Akerman at a national level in 25 practice areas, including two tier 1 rankings: International Arbitration – Commercial and Litigation - Real Estate. As part of the publication's annual “Best Law Firms” rankings Akerman also received 72 tier 1 rankings for a variety of practice areas in 10 U.S. metropolitan areas. Previously, Best Lawyers named 106 Akerman lawyers to this year's annual The Best Lawyers in America list.
As part of this year's Best Law Firms rankings, Akerman was named U.S. News - Best Lawyers “Law Firm of the Year” in Litigation - Real Estate. For the first time, one law firm in each of the practice areas ranked nationally received the prestigious 2011 – 2012 “Law Firm of the Year” recognition.
“To be recognized by both our clients and peers as one of the best law firms in the U.S. is very gratifying,” said Andrew Smulian, chairman and CEO of Akerman Senterfitt. “This recognition is further evidence of our lawyers’ deep dedication and commitment to providing exceptional client service.”
U.S. News - Best Lawyers ranked firms nationally in 75 practice areas and locally in 119 practice areas across 177 metropolitan areas. The Best Law Firms rankings are the result of extensive client and lawyer feedback derived from 3.9 million evaluations from across the United States. A full listing of the Akerman practices that were included in U.S. News - Best Lawyers rankings is below.
National Tier 1 Rankings:
International Arbitration - Commercial
Litigation – Real Estate
National Tier 2 Rankings:
Commercial Litigation
Construction Law
Copyright Law
Corporate Law
Insurance Law
International Trade and Finance Law
Litigation - Banking & Finance
Litigation - Bankruptcy
Litigation - Intellectual Property
Mergers & Acquisitions Law
Private Equity Law
Securities / Capital Markets Law
Securities Regulation
Tax Law
National Tier 3 Rankings:
Bankruptcy and Creditor Debtor Rights /
Insolvency and Reorganization Law
Environmental Law
Financial Services Regulation Law
Labor Law - Management
Litigation - Securities
Litigation - Tax
Real Estate Law
Trusts & Estates Law
Venture Capital Law
ELLEN DARLING OF SNELL & WILMER NAMED ONE OF THE TOP 100 LAWYERS AND TOP WOMEN LAWYERS OF 2011 IN CALIFORNIA BY THE DAILY JOURNAL
Ellen Darling, a product liability litigation partner in Snell & Wilmer’s Orange County office, has been named one of the Top 100 Lawyers of 2011 and one of the “Top Women Lawyers” by The Daily Journal.
In deciding the lists, representatives at the Daily Journal look for attorneys that impact the law, legal profession and society with special attention to matters concerning current major issues. Darling earned a high profile victory as lead defense counsel for Allergan, Inc. in a case involving the use of pharmaceutical product BOTOX®, known to many as a cosmetic product, as a medicinal treatment.
“I am thrilled to be chosen by the Daily Journal for their Top 100 list of some of the most prominent lawyers in California,” Darling said. “I love my clients and feel grateful for the opportunity to work with a talented team at Snell & Wilmer.”
Darling’s practice is concentrated in product liability and commercial litigation. She represents manufacturers in product liability litigation involving pharmaceuticals, medical devices, motor vehicles, motorcycles, and machinery. In addition, Darling represents health care providers and lab companies in medical malpractice cases, and counsels companies regarding Consumer Product Safety Commission reporting requirements. She also has been recognized by Super Lawyers in numerous categories for the past five years.
TONY LATHROP'S LITIGATION BLOG: The Full vs. Tailored Daubert Review at the Class Certification Stage
Posted by Tony Lathrop on Wednesday, October 26th 2011
Does expert evidence that is offered in support of class certification need to be scientifically reliable in order to be admissible at the class certification stage? While the Circuit Courts are reportedly split on the application of Daubert at the class certification stage, a look behind the terminology used by the courts (full vs. limited or tailored Daubert review) reveals that the courts consistently have required that the admissibility, i.e., the scientific reliability and relevance, of the expert evidence offered in support of class certification be determined at the class certification stage. The purpose of a Daubert review is not to determine the weight or persuasiveness of the expert evidence offered with respect to the merits of the case.
This question is apparently a novel one for the appellate courts, having first been directly addressed in 2010 by the Seventh Circuit Court of Appeals in American Honda Motor Co., Inc. v. Allen, 600 F. 3d 813, (7th Cir. 2010) (per curium). Although the Seventh Circuit used the phrase “full Daubert review” to describe the extensiveness of the court’s inquiry at the class certification stage, it expounded upon the depth and focus of such a review by explaining that “[i]f the challenge is to an individual’s qualifications, a court must make that determination ‘by comparing the area in which the witness has superior knowledge, skill, experience, or education with the subject matter of the witness’s testimony.’ The court must also resolve any challenge to the reliability of information provided by an expert if that information is relevant to establishing any of the Rule 23 requirements for class certification.” Id. at 816 (citations omitted). Although explicitly stating that it had doubts as to the reliability of the expert evidence offered to support class certification, and even in the face of a direct challenge by the opposing party to the scientific reliability of the evidence offered, the district court had failed to make a determination in that instance and certified the class anyway. The Seventh Circuit remanded the case and vacated the district court’s denial of Honda’s motion to strike and its order certifying a class. Id. at 819.
Ninth Circuit and Eighth Circuit cases decided since American Honda seemingly would produce the same result, although the courts have used phraseology that suggests a less extensive Daubert review may be required at the class certification stage. The Ninth Circuit in Dukes v. Wal-Mart Stores, Inc., 603 F. 3d 571, 602-03 (9th Cir. 2010) stated that, “[a]t the class certification stage, it is enough that [the expert] presented scientifically reliable evidence tending to show that a common question of fact … exists with respect to all members of the class.” (emphasis added). Notably, the court explicitly stated that the evidence must be scientifically reliable, in line with the Seventh Circuit’s ruling in American Honda.
In Dukes, it does not appear that the court concluded that Daubert does not apply at the class certification stage. Rather, it acknowledged that had the District Court conducted a Daubert analysis it would have been fruitless in that case because Wal-Mart did not challenge the expert’s methodology or argue that his findings were irrelevant. Wal-Mart “challenged only whether certain inferences can be persuasively drawn from his data. But because Daubert does not require a court to admit or exclude evidence based on its persuasiveness, but rather requires a court to admit or exclude evidence based on its scientific reliability and relevance… testing Dr. Bielby’s testimony for “Daubert reliability” would not have addressed Wal-Mart’s objections.” Id. at 602 (emphasis added)(citations omitted).
The Eight Circuit similarly ruled on a case in which there were no challenges raised to the reliability or relevance of the expert evidence offered to support class certification – which is the focus of a Daubert review. See In re Zurn Pex Plumbing Products Liability Litigation (8th Cir. 2011). The parties “agree[d] that [the experts] are well qualified in their respective fields and that they used generally recognized and reliable methodologies,” but they disagreed as to whether “the district court should determine at the class certification stage, and before merits discovery has even commenced, whether or not the expert opinions will ultimately be admitted at trial.” Id. The Eighth Circuit approved of what it referred to as the District Court’s “’tailored’” Daubert analysis, which “examined the reliability of the expert opinions in light of the available evidence and the purpose for which they were offered.” Id. (emphasis added).
This “tailored” analysis approved by the Eighth Circuit really does sound similar to the “full” review defined by the Seventh Circuit, i.e., that ‘’[t]he court must also resolve any challenge to the reliability of information provided by an expert if that information is relevant to establishing any of the Rule 23 requirements for class certification,” American Honda, 600 F. 3d at 816 (emphasis added). It also sounds similar to the standard set forth by the Ninth Circuit, i.e., “[a]t the class certification stage, it is enough that [the expert] presented scientifically reliable evidence tending to show that a common question of fact … exists with respect to all members of the class,” Dukes, 603 F. 3d 571 at 602 (emphasis added).
In an unpublished opinion, the Eleventh Circuit has agreed with the Seventh Circuit’s standard set forth for determining admissibility of expert evidence at the class certification stage, but it seemingly has gone further to explicitly state that the district court is required to determine the weight of conflicting expert evidence in a “Daubert-like critique” when conflicting expert testimony is offered to challenge the methodology and qualifications of a proffered expert. See Sher v. Raytheon Co., No. 09-15798 (11th Cir. 2011). The Eleventh Circuit acknowledged that the question before it – determination of the weight of expert evidence – was not the same as that before the Seventh Circuit in American Honda – determination of the admissibility of expert evidence. Id.
All-in-all, it seems that in the face of a direct challenge to the scientific reliability of expert evidence proferred in support of class certification, each of these Circuits will require a determination to be made at that point, regardless of whether the determination is coined a full or tailored Daubert review. The Supreme Court’s dictum in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) indicates that the Circuit Courts are on the right track in applying Daubert at the class certification stage, although the extent of the Daubert review required is not clear. The Supreme Court simply stated “[t]he District Court concluded that Daubert did not apply to expert testimony at the certification stage of class-action proceedings. 222 F.R.D., at 191. We doubt that is so….” Id. at 2553 – 54.
BOB KERRIGAN HONORED AS PERSONAL INJURY DEFENSE LAWYER OF THE YEAR IN NEW ORLEANS
Best Lawyers has named Robert E. Kerrigan, Jr. as the "New Orleans Best Lawyers Personal Injury Litigation - Defendants Lawyer of the Year" for 2012.
Best Lawyers, who has been publishing for over 25 years, is designating "Lawyers of the Year" in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored with the designation. Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. Lawyers being honored as 'Lawyers of the Year' have received particularly high ratings in their surveys by earning a high level of respect among their peers for their abilities, professionalism and integrity.
Steven Naifeh, President of Best Lawyers, says, “We continue to believe – as we have believed for more than 25 years – that recognition by one’s peers is the most meaningful form of praise in the legal profession. We would like to congratulate Robert E. Kerrigan, Jr. on being selected as the ‘New Orleans Best Lawyers Personal Injury Litigation - Defendants Lawyer of the Year’ for 2012.”
Deutsch, Kerrigan & Stiles congratulates all 13 partners who were recently selected by their peers for inclusion in The Best Lawyers in America 2012. The honored attorneys are as follows:
Francis J. Barry, Jr. -- Admiralty & Maritime Law
Frederick R. Bott -- Personal Injury Litigation - Defendants
Terrence L. Brennan -- Construction Law; Litigation - Construction; Professional Malpractice Law - Defendants
Bert M. Cass, Jr. -- Admiralty & Maritime Law; Personal Injury Litigation - Defendants
John Jerry Glas -- Personal Injury Litigation
Robert E. Kerrigan, Jr. -- Commercial Litigation; Litigation - Environmental; Personal Injury Litigation - Defendants
Charles E. Leche -- Admiralty & Maritime Law; Personal Injury Litigation - Defendants
Nancy J. Marshall-- Personal Injury Litigation - Defendants; Product Liability Litigation; Professional Malpractice Law - Defendants
Joseph L. McReynolds -- Appellate; Product Liability Litigation
Ellis B. Murov -- Employment Law - Management; Labor Law - Management
Charles F. Seemann, Jr. -- Construction Law; Litigation - Construction; Personal Injury Litigation - Defendants
A. Wendel Stout III -- Litigation - Environmental; Mass Tort Litigation
William E. Wright, Jr. -- Commercial Litigation; Professional Malpractice Law- Defendants
SANDBERG PHOENIX ANNOUNCES ITS "SUPER LAWYERS" FOR 2011
Sandberg Phoenix & von Gontard P.C. is proud to announce that the following attorneys have been named by the Missouri & Kansas Super Lawyers publication as Super Lawyers and Rising Stars for 2011.
Super Lawyers
Rising Stars
Super Lawyers selects attorneys using a rigorous, multiphase rating process including a statewide nomination process, peer review by practice area and independent research on candidates. Selections are made on an annual, state-by-state basis.
BEST LAWYERS NAMES NINE SNELL & WILMER ATTORNEYS AS 2012 "LAWYER OF THE YEAR"
Snell & Wilmer is pleased to announce that the following nine attorneys have been named "Lawyers of the Year" for 2012 by The Best Lawyers in America®:
• Vaughn Crawford - Best Lawyers’ 2012 Phoenix Product Liability Litigation (Defendants) Lawyer of the Year
• Matthew Feeney - Best Lawyers’ 2012 Phoenix Mergers & Acquisitions Law Lawyer of the Year
• Susan Grueneberg - Best Lawyers’ 2012 Los Angeles Franchise Law Lawyer of the Year
• Joel Hoxie - Best Lawyers’ 2012 Phoenix Litigation (Securities) Lawyer of the Year
• Robert Kinas - Best Lawyers’ 2012 Las Vegas Litigation (Bankruptcy) Lawyer of the Year
• Sid Leach - Best Lawyers’ 2012 Phoenix Patent Law Lawyer of the Year
• Mark Ohre - Best Lawyers’ 2012 Phoenix Native American Law Lawyer of the Year
• Patricia Lee Refo - Best Lawyers’ 2012 Phoenix Legal Malpractice Law Lawyer of the Year
• David Sprentall - Best Lawyers’ 2012 Phoenix Financial Services Regulation Law Lawyer of the Year
Only a single lawyer in each “specialty area” in each community is honored as the “Lawyer of the Year.” The lawyers being honored as “Lawyers of the Year” have received particularly high ratings in the Best Lawyers surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity. Best Lawyers, one of the oldest and most respected peer-review publications in the legal profession, compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of lawyers confidentially evaluate their professional peers. The current, 18th edition of The Best Lawyers in America (2012) is based on more than 3.9 million detailed evaluations of lawyers by other lawyers.
KEITH PHOENIX AND KEN BEAN CHOSEN AS "LAWYERS OF THE YEAR" FOR SECOND CONSECUTIVE YEAR
G. Keith Phoenix and Kenneth W. Bean of Sandberg Phoenix & von Gontard P.C. were once again named “Lawyers of the Year” in the St. Louis Metropolitan area by Best Lawyers®. Unlike the Best Lawyers in America listing, only one lawyer from each specialty within each community is honored with the “Lawyer of the Year” title. Mr. Phoenix was recognized as the “St. Louis Best Lawyers Product Liability Litigator of the Year” and Mr. Bean was recognized as the “St. Louis Best Lawyers Medical Malpractice Lawyer of the Year.”
To be named as “Lawyers of the Year,” Mr. Phoenix and Mr. Bean received high ratings on peer-review surveys and have achieved a high level of respect among their peers for their abilities, professionalism, and integrity. Steven Naifeh, President of Best Lawyers, says, “We continue to believe – as we have believed for more than 25 years – that recognition by one’s peers is the most meaningful form of praise in the legal profession. We would like to congratulate G. Keith Phoenix and Kenneth W. Bean on being selected.”
Mr. Phoenix has experience in well over 2,000 pieces of major litigation and has tried to completion scores of high exposure cases around the country, generally representing large multi-national corporations. The Best Lawyers in America listing has designated him as one of their top trial lawyers in the country for the last 14 years in the areas of Commercial Litigation, Medical Malpractice Law, Personal Injury Litigation and Product Liability Litigation.
Mr. Bean has experience in the defense of high-risk medical malpractice litigation and medical products liability and has tried to completion over 50 jury cases in the last 10 years. Best Lawyers in America has named him as one of the best trial attorneys in the country for the last seven, consecutive years in the areas of Health Care Law, Medical Malpractice Law and Personal Injury Litigation. Mr. Bean is also a member of the American College of Trial Lawyers.
TOM SARTWELLE NAMED "HOUSTON BEST LAWYERS MEDICAL MALPRACTICE LAW LAWYER OF THE YEAR"
Best Lawyers has named Thomas P. Sartwelle, Partner at Beirne, Maynard & Parsons L.L.P., as the “Houston Best Lawyers Medical Malpractice Law Lawyer of the Year” for 2012. Best Lawyers designates “Lawyers of the Year” in high-profile legal specialties in large legal communities. A single lawyer in each specialty from each community is honored as the “Lawyer of the Year.” These lawyers have received particularly high ratings in Best Lawyers surveys by earning respect among their peers for their abilities, professionalism, and integrity.
“It is an honor to have been selected for this award. I am flattered and humbled by the praise received from my peers,” says Sartwelle.
Thomas P. Sartwelle, a native Houstonian, has forty-four years experience defending and trying medical, hospital, and nursing home malpractice cases, as well as personal injury, products, legal malpractice, business, and commercial cases. Sartwelle is Board Certified in both medical and legal malpractice law by The American Board Of Professional Liability Attorneys. He is also Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy, and in Personal Injury Trial Law by The Texas Board of Legal Specialization.
BRUCE FRIEDMAN NAMED "LOS ANGELES BEST LAWYERS INSURANCE LAW LAWYER OF THE YEAR 2012"
Best Lawyers has named Bruce A. Friedman of Bingham McCutchen as the “Los Angeles Best Lawyers Insurance Law Lawyer of the Year” for 2012.
After more than a quarter of a century in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.”
Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 18th edition of The Best Lawyers in America (2012) is based on more than 3.9 million detailed evaluations of lawyers by other lawyers.
The lawyers being honored as “Lawyers of the Year” have received particularly high ratings in our surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity.
Steven Naifeh, President of Best Lawyers, says, “We continue to believe – as we have believed for more than 25 years – that recognition by one’s peers is the most meaningful form of praise in the legal profession. We would like to congratulate Bruce A. Friedman on being selected as the ‘Los Angeles Best Lawyers Insurance Law Lawyer of the Year’ for 2012.”
Monday, October 24, 2011
SCHIFF HARDIN/CHICAGO BECOMES THE NETWORK OF TRIAL LAW FIRMS NORTHERN ILLINOIS MEMBER
Schiff Hardin and the Network of Trial Law Firms jointly announced today that the firm’s Chicago office has been elected to membership in the Network. Lawyers in Schiff Hardin’s San Francisco office founded the Network in 1993.
Tony Lathrop, Chair of The Network of Trial Law Firms, Inc., said, “We are very excited to welcome Schiff Hardin’s Chicago office to our international network of go-to trial and litigation law firms. The firm’s 150-year Chicago roots bring our clients the boots-on-the-ground presence and long-standing reputation for excellence for which the Network’s 24 law firm members are known throughout the U.S. and Canada. In addition to its outstanding nationally recognized trial and litigation practice, the addition of Schiff Hardin gives our clients access to the firm’s equally distinguished corporate and transactional practices.”
Ronald S. Safer, the firm’s Managing Partner expressed the firm’s excitement about the Chicago office joining the Network, “We could not be more pleased. The Network of Trial Law Firms is highly selective about accepting member firms, and we are honored that our Chicago office will join our San Francisco office in this organization. From its exemplary 100% free live and online continuing legal education programs and ongoing efforts to advance the legal profession, to the additional law firm resources that our clients will now enjoy, this is a highly valued new association for our firm.” Robert H. Riley, Chairman of Schiff Hardin, added, “This is the world’s stellar trial and litigation law firm network. We are committed to making a strong contribution to its ongoing and expanded services and success.”
Wednesday, October 05, 2011
DAVID DIAL SELECTED AS LAWYER OF THE YEAR
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC partner David Dial has been named by Best Lawyers 2012 as the “Atlanta Best Lawyers Litigation – Construction Lawyer of the Year.”
Best Lawyers designates “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is honored as the “Lawyer of the Year.” Those selected have received particularly high ratings in the Best Lawyer surveys by earning a high level of respect among their peers for their abilities, professionalism and integrity. The current edition of The Best Lawyers in America 2012 is based on more than 3.9 million evaluations of attorneys.
Mr. Dial has significant experience in construction law, representing clients involved in the construction industry. He has represented owners, sureties, architects/engineers, general contractors, subcontractors and suppliers in matters in 45 states, as well as Washington, D.C., Puerto Rico, The Bahamas, Canada and Australia. He has received many legal honors including Super Lawyers, Chambers America’s Leading Business Lawyers and Top Ten Lawyer by Chartis Insurance.
Mr. Dial said, “While I am grateful for this honor, it belongs to all of the partners and associates in the construction litigation group at WWHGD.”
SANDBERG PHOENIX & VON GONTARD RECEIVES FIRST TIER RANKINGS ON "BEST LAW FIRMS" LIST
U.S. News & World Report announced that Sandberg Phoenix & von Gontard P.C. received St. Louis metropolitan first-tier rankings on the 2011-2012 U.S. News – Best Lawyers “Best Law Firms” list. The firm was recognized in the following areas: Commercial Litigation, Medical Malpractice Law - Defendants, Personal Injury Litigation - Defendants, Product Liability Litigation - Defendants and Professional Malpractice Law - Defendants
Rankings for this publication are based on a rigorous evaluation process that includes thousands of clients, highly skilled lawyers and law firm representatives. An unprecedented amount of data was collected, emphasizing the scope of this endeavor and the significance of Sandberg Phoenix’s presence in this unparalleled guide to law firm expertise.
DONALD DEVRIES AND JEFFREY HINES NAMED "BEST LAWYERS' 2012 LAWYERS OF THE YEAR"
Goodell DeVries Leech & Dann partners Donald L. DeVries, Jr. has been named the Best Lawyers’ 2012 Baltimore Medical Malpractice Law - Defendants Lawyer of the Year and Jeffrey J. Hines has been named the Best Lawyers’ 2012 Baltimore Legal Malpractice Law - Defendants Lawyer of the Year.
After more than a quarter of a century in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.”
Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 18th edition of The Best Lawyers in America (2012) is based on more than 3.9 million detailed evaluations of lawyers by other lawyers.
The lawyers being honored as “Lawyers of the Year” have received particularly high ratings in our surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity.
Monday, October 03, 2011
Lightfoot Mourns the Loss of Founding Partner Jere F. White, Jr.
October 3, 2011 (Birmingham, Ala.)
Lightfoot, Franklin & White mourns the loss of our dear friend and founding partner, Jere F. White, Jr., who passed away on October 3, 2011. Jere persistently maintained his positive attitude and unshakeable faith to the very end. Jere was an inspiration to us all, and his enduring gift to us is the courageous example he set and the lessons he taught in both life and death. We were blessed to have him in our lives.
Jere Field White, Jr., died on October 3, 2011 at the age of 56. Born and raised in Cartersville, Georgia, he graduated from Cartersville High School in 1973 and obtained his Bachelor of Business Administration, cum laude,from the University of Georgia in 1977, where he was also President of Kappa Alpha Order. He received his J.D. from Cumberland School of Law, Samford University, in 1980, cum laude.
Jere was admitted to the Alabama and Georgia Bar Associations in 1980. After beginning his law career with Bradley Arant Boult Cummings, LLC, in 1980, Jere was one of the founding members of Lightfoot, Franklin & White, LLC, in 1990. He handled significant civil litigation of all types throughout the country and was consistently listed as one of the state’s top trial lawyers in virtually every peer-reviewed publication. He was one of the few lawyers in Alabama inducted into the American College of Trial Lawyers, the International Academy of Trial Lawyers, and the American Board of Trial Advocates. Jere loved trying cases, and he tried over 100 complex civil cases to a verdict.
An Elder at Independent Presbyterian Church, Jere also was a former member of the Board of Trustees of Hampden-Sydney College, a member of the Board of Advisors of Cumberland School of Law, a former Board member of the Downtown YMCA, and a member of Mountain Brook Club, Highlands Country Club and The Redstone Club.
Jere is predeceased by his father Judge Jere Field White. He is survived by his wife Lyda Shaw White and children, Jere Bennett White (Catherine), Davis Cochrane White, and Mimi White Nolen (Shep); two grandchildren, Harrison Field White and Davis Ambrose White; mother Laura Cochrane White; sisters Laura White Greer (Charlie) and Janet Collier White (Merrill); father-in-law Julius Clarence Shaw; mother-in-law Margaretta Lumpkin Shaw; brothers-in-law Julius Clarence Shaw, Jr. (Wendy) and Robert Lee Shaw (Sheila); sister-in-law Rebecca Shaw Shepherd (Clyde); and numerous nieces and nephews.
Jere was a leader, a visionary, and a model of strength and grace to the end. He was sustained by his faith throughout his difficult battle with cancer, and he in turn sustained his family and friends. Jere was beloved; he had a large and loving circle of friends whom he treasured and who will never forget his engaging personality, welcoming spirit and humor. He was a devoted husband, father and grandfather. He will be missed by all.
Jere’s family will be forever grateful for the overwhelming outpouring of love and support provided by friends, his professional colleagues, and his healthcare providers, especially Dr. James E. Cantrell and Dr. Susan Salter Hydinger. A visitation will be held at Independent Presbyterian Church on Wednesday, October 5, 2011, at 10:00 a.m., with a memorial celebration to follow at 11:00 a.m. In lieu of flowers, donations may be made to Independent Presbyterian Church, 3100 Highland Avenue, Birmingham, Alabama 35205 or Cumberland School of Law - Jere F. White, Jr., Fellows Program, 800 Lakeshore Drive, Birmingham, Alabama 35229.
Friday, September 30, 2011
SNELL & WILMER TAKES DEFENSE VERDICT IN FORD ROLLOVER CASE
Snell & Wilmer recently took a defense verdict for Ford Motor Company successfully defeating claims of defective design, negligence and punitive damages related to an Explorer rollover crash. The July 21, 2011 decision came after a nine-day trial in which plaintiffs sought millions of dollars in damages. The case was tried by Snell & Wilmer partner Brad Petersen and attorney Rick Reyna.
In May 2008, a 2002 Ford Explorer with seven teenagers in it (one of whom was driving) lost control on a caliche, gravel road. The final steer caused the Explorer to slide sideways and roll over three times at about 37 MPH. Six of the seven occupants were wearing seatbelts and survived the crash without serious injury. One occupant, the plaintiffs’ son, was not. During the rollover, the Plaintiffs’ son was partially ejected and suffered fatal injuries. Plaintiffs sued Ford, claiming the Explorer that the lack of a laminated glass system in the side windows that they say would have kept their son in the vehicle was a defect.
The defense team showed that the crash and injuries were caused by the driver’s actions and by plaintiffs’ son’s failure to wear an available seatbelt. The defense argued that the Ford Explorer was safe and state of the art. The tempered safety glass used in the side windows met all industry standards, had safety benefits for occupants, and was used in the vast majority of 2002 model year vehicles. In addition, the defense team showed that plaintiffs’ suggested alternative glass and glazing design would not have prevented the injuries in this tragic but avoidable crash.
After just three hours of deliberations, the jury returned with a defense verdict for Ford on all claims.
Monday, September 26, 2011
ALABAMA SUPREME COURT CONFIRMS WWHGD’S COMPLETE VICTORY ON CITY OF HUNTSVILLE'S CLAIMS FOR TENS OF MILLIONS
The Supreme Court of Alabama rejected the City of Huntsville’s applications for new hearings in a suit against Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC’s client Dawson Building Contractors for the allegedly botched construction of the Huntsville-Madison County Jail. Attorneys Dave Dial and Nick Panayotopoulos defended Dawson in claims related to cost overruns that exceeded $50 million.
Defects were discovered mid-construction and the Public Building Authority (“PBA”) elected to terminate Dawson for its convenience while reserving its "right" to pursue damages against Dawson for defective construction. The City alleged that Dawson botched the construction of the jail while Dawson maintained that the problems were a result of the City’s poor design. The Supreme Court of Alabama initially determined that in spite of the City’s reservation to pursue damages, Dawson had no obligation to pay damages, even if its construction was defective as the City claimed. The Supreme Court of Alabama ruled that all claims against Dawson are extinguished. The City applied for a new hearing. The Supreme Court of Alabama resoundly rejected the City’s applications and issued a judgment for Dawson on the PBA’s claims.
Dawson still intends to recover the millions of dollars owed to it for work performed, plus the interest that has been accumulating since 2006 when Dawson’s contract was terminated.
Thursday, September 22, 2011
GIBBONS LAUNCHES BUSINESS LITIGATION ALERT BLOG
Gibbons has launched the Business Litigation Alert – www.businesslitigationalert.com – a wide-ranging online platform for analysis and practical perspectives on developing legal and business news in the area of business and commercial litigation.
The Gibbons Business & Commercial Litigation Department will focus the blog’s content on current cases and issues relating to general business litigation, insurance, class actions, and securities, as well as other pertinent legal and business developments throughout the region.
The first blog posts on the site include:
· Limited Partners May Be Liable for Partnership’s Obligations Under Traditional Veil-Piercing Standards
· Corporate Officers and Employees May Be Liable for Corporation’s Violations of Consumer Fraud Act
· AT&T Mobility Permits Nullification of Arbitration Agreements Containing Class-Action Waivers When Agreements are so Ambiguous and Internally Inconsistent that Mutual Assent is Lacking
· No Class Certification When Class Members Can Obtain Adequate Statutory Damages in Small Claims Court
“With the launch of our fifth blog we are continuing our commitment to offering clients a variety of options for getting up-to-the-minute information on the latest legal news and trends,” said Patrick C. Dunican Jr., Chairman and Managing Director of Gibbons. “The attorneys in the Gibbons Business & Commercial Litigation Department are commended by clients and peers alike for the strategic business solutions and responsive, hands-on service they provide.”
The blog’s editors are Jennifer A. Hradil and Christopher Walsh, Directors in the Gibbons Business & Commercial Litigation Department. Brian J. McMahon, Chair of the Deparment, also serves on the Editorial Board.
Notes Mr. McMahon, “We focus on providing effective and efficient legal advice to our clients throughout the New Jersey, New York, Pennsylvania, and Delaware regions, and nationwide. The Business Litigation Alert will provide another way for us to help clients stay informed on the pressing issues their businesses face on a regular basis.”
To learn more or subscribe to the Business Litigation Alert, please visit www.businesslitigationalert.com.
Friday, September 16, 2011
BEST LAWYERS IN AMERICA RECOGNIZES FIVE SANDBERG PHOENIX ATTORNEYS
Five attorneys from Sandberg Phoenix & von Gontard P.C. were recently selected by their peers for inclusion in Best Lawyers in America® 2012
Sandberg Phoenix attorneys have consistently been named to Best Lawyers since 1999. For the current edition, the following attorneys were selected:
Kenneth W. Bean (Inducted in 2005): Health Care Law, Medical Malpractice Law - Defendants, Personal Injury Litigation – Defendants
G. Keith Phoenix (Inducted in 1999): Commercial Litigation, Medical Malpractice Law - Defendants, Personal Injury Litigation, Personal Injury Litigation - Defendants, Product Liability Litigation – Defendants
Jonathan Ries (Inducted in 2007): Medical Malpractice Law - Defendants, Product Liability Litigation – Defendants
John S. Sandberg (Inducted in 2005): Commercial Litigation, Personal Injury Litigation - Defendants, Product Liability Litigation - Defendants, Litigation - Construction, Litigation - Real Estate
Peter von Gontard (Inducted in 2006): Medical Malpractice Law - Defendants, Personal Injury Litigation - Defendants, Product Liability Litigation, Product Liability Litigation - Defendants
Inclusion in Best Lawyers is considered a singular honor, and Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
Thursday, September 15, 2011
GOODELL DEVRIES DEFEATS CLASS CERTIFICATION FOR PFIZER
Goodell DeVries attorneys Linda Woolf, Nichole Nesbitt, and Derek Stikeleather, recently secured a major class action victory for Pfizer Inc. The court denied certification of a proposed nationwide class of purchasers of a flea and tick product for dogs. Plaintiffs sought refunds for every purchase of millions of product doses by alleging consumer fraud, breach of warranty and unjust enrichment.
Plaintiffs’ suit alleged that the spot-on liquid pesticide for dogs was ineffective and unsafe because it contained a pesticide known to have side effects in other applications and was not adequately tested. But, through fact and expert discovery, Goodell DeVries established that the product was thoroughly tested before going to market and comparable to leading competitor products in efficacy and safety. The Court agreed that the product “proved highly effective in studies and was the subject of only a small number of adverse event reports.” It also recognized that the vast majority of dogs treated with it suffered no adverse effects.
Because the adverse effects associated with the product were so uncommon, the court categorically rejected Plaintiffs’ argument that the case could be resolved through class treatment under Federal Rule 23, even on an individual state level. It explained that each purchaser’s claim required intensive individual inquiry to possibly find liability, and, thus, individual questions predominated over common ones. Since the vast majority of purchasers got a product that worked perfectly well with no adverse effects, the court found no basis to subject defendants to a certified class action.
Wednesday, September 14, 2011
THE U.S. SUPREME COURT UPHOLDS CLASS ACTION ARBITRATION WAIVERS AND ARBITRATION AGREEMENTS
by Tony Lathrop - Moore & Van Allen Litigation Blog - September 9, 2011
Over the last three years, the Supreme Court has issued a number of opinions that have given strength to arbitration agreements. The Court has reiterated that the Federal Arbitration Act (“FAA”) places arbitration agreements on equal footing with other contracts. As a result, corporations will be better able to use arbitration to safeguard against costly and lengthy individual and class actions. On August 5, 2011, I addressed these developments and their impact on corporate clients in the “Class Action Update” presented at the Network of Trial Law Firms “Litigation Management in a New York Minute” CLE event in New York City. There are several strategies that corporate clients should consider in order to capitalize on the Supreme Court’s leaning in favor of arbitration.
In particular, the following recent Supreme Court cases have bolstered arbitration in the employment and commercial contexts by permitting binding arbitration of statutory claims in collective bargaining agreements, permitting parties to give arbitrators the power to determine unconscionability of arbitration agreements, and permitting parties to preclude class arbitration of commercial and consumer claims:
- In 14 Penn Plaza LLC v. Pyett, 129 S.Ct. 1456 (2009), the Court ruled that a collective bargaining agreement which required union employees to resolve all employment discrimination claims through binding arbitration was enforceable with respect to the Age Discrimination in Employment Act claims at issue. The Court clarified that even in a collective bargaining agreement, an arbitration provision that explicitly requires arbitration of a type of dispute will be enforceable unless a statute precludes arbitration of such claims. This ruling has been seen by some as “undoing” what the Court established in its 1974 opinion in Alexander v. Gardner-Denver Co., 94 S.Ct. 1011 (1974); however, the Court views Pyett as consistent with its prior rulings. See Pyett, 129 S.Ct. at 1461, 1464-66.
- In Rent-A-Center West, Inc. v. Jackson, 130 S.Ct. 2771 (2010), the Court decided that an arbitration agreement provision which explicitly delegated to the arbitrator (and not the courts) the power to determine whether the arbitration agreement was unconscionable must be honored. The arbitration agreement in Jackson required the arbitration of all disputes arising out of Jackson’s employment with Rent-A-Center, including discrimination claims and claims for any violation of federal law. See Jackson, 130 S.Ct. at 2775, 2779-82.
- In Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 130 S.Ct. 1758 (2010), the Court took steps to preclude class arbitrations by prohibiting arbitrators from ordering class arbitration where the arbitration agreement is silent on the class issue. The Court reasoned that “a party may not be compelled under the FAA to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so.” The claims at issue were antitrust claims. See Stolt-Nielsen, 130 S.Ct. at 1765-68, 1775-77.
- In AT&T Mobility LLC v. Concepcion et ux, 131 S.Ct. 1740 (2011), the Court held that the FAA preempts judicial decisions preventing the enforcement of class arbitration waivers agreed to by consumers, and upheld the enforcement of an arbitration agreement in a cell phone contract which included a waiver of class arbitration. The Court’s ruling in Concepcion has been considered by some to be the “death knell” of consumer class actions. For example, see the discussion in the Wall Street Journal’s blog post regarding Concepcion: http://blogs.wsj.com/law/2011/04/27/after-att-ruling-should-we-say-goodbye-to-consumer-class-actions/. There is, however, a significant possibility that Concepcion will not preclude class arbitrations in all situations, and a case-by-case analysis is of course always required.
In light of these rulings, corporations can strategize with counsel to strengthen contractual arbitration clauses for employment, consumer, antitrust, and other commercial claims. Corporations should consider taking the following steps, among others, with the advice of counsel:
- Revising and drafting future employment and collective bargaining agreements to require binding arbitration of some employment discrimination and other federal claims that may be applicable to their lines of business.
- Including provisions that explicitly delegate to the arbitrator decisions regarding unconscionability of the arbitration agreement and whether the agreement is enforceable.
- Drafting or revising commercial, consumer and employment contracts, and collective bargaining agreements, to include binding arbitration provisions that preclude class arbitration.
The nuances of the laws applicable to different lines of business (e.g., retail or manufacturing vs. mortgage banking or insurance) may alter the impact of the Court’s rulings discussed above. Therefore, corporations should be sure to consult with counsel about implementing these strategies.
Thursday, September 08, 2011
MASLON ATTORNEYS SELECTED FOR INCLUSION IN THE BEST LAWYERS IN AMERICA® 2012
Mark Bauman, David Herr, Susan Link, William Mullin, William Pentelovitch, Lawrence Purdy, and David Schultz of Maslon Edelman Borman & Brand were recently selected by their peers for inclusion in The Best Lawyers in America 2012. David Herr, Bill Mullin and William Pentelovitch have the additional distinction of being listed for more than 10 consecutive years by the publication.
Best Lawyers in America 2012 is based on an exhaustive peer-review survey in which more than 39,000 leading attorneys cast almost 3.1 million votes on the legal abilities of other lawyers in their practice areas. Each attorney was selected for work in the following areas:
Mark Bauman
Employee Benefits (ERISA) Law
David Herr
Appellate Practice
Bet-the-Company Litigation
Commercial Litigation
Susan Link
Trusts and Estates
Bill Mullin
Family Law Mediation
William Pentelovitch
Commercial Litigation
Litigation - Banking & Finance
Litigation - Intellectual Property
Litigation - Labor & Employment
Lawrence Purdy
Product Liability Litigation - Defendants
David Schultz
Commercial Litigation
For more information on the Best Lawyers selection process, go to Best Lawyers.
Wednesday, September 07, 2011
THE BEST LAWYERS IN AMERICA ® 2012 LISTS 77 BASS, BERRY & SIMS PLC ATTORNEYS IN 72 PRACTICE AREAS
Bass, Berry & Sims PLC is pleased to announce that 77 of its attorneys were named toThe Best Lawyers in America ® 2012 list in more than 70 different practice areas.
Bass, Berry & Sims also was named the nation’s top-listed firm in Corporate Governance Law and one of the top-listed national firms in three other areas, according to The Best Lawyers in America ® 2012.
Additionally, the firm received top-listed status in 35 areas within the state of Tennessee, including Health Care Law, Mergers and Acquisitions, and Securities Litigation; two areas in Knoxville, including Public Finance Law; eight areas in Memphis, including Securities Litigation; and 46 areas in Nashville, including Health Care Law. Bass, Berry & Sims had 64 attorneys listed from the Nashville office, the most of any other Nashville firm.
Listed Knoxville attorney includes:
G. Mark Mamantov: Project Finance Law; Public Finance Law; Real Estate Law
Listed Memphis attorneys include:
Michael A. Brady: Arbitration; Litigation – Securities
John S. Golwen: Arbitration; Commercial Litigation; Litigation – Banking & Finance; Litigation – Securities
John A. Good: Banking & Finance Law; Corporate Governance Law; Corporate Law; Mergers & Acquisitions Law; Securities / Capital Markets Law; Securities Regulation
J. Brook Lathram: Bet-the-Company Litigation; Commercial Litigation; Litigation – Antitrust; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation – Defendants
Christopher G. Lazarini: Arbitration; Litigation – Securities
Peter R. Pettit: Banking & Finance Law; Financial Services Regulation Law
Stephen W. Ragland: Bankruptcy & Creditor-Debtor Rights / Insolvency & Reorganization Law; Litigation – Bankruptcy
John C. Speer: Banking & Finance Law; Commercial Litigation; Litigation – Banking & Finance
Richard R. Spore III: Administrative / Regulatory Law; Banking & Finance Law; Real Estate Law
John A. Stemmler: Banking & Finance Law; Leisure & Hospitality Law; Project Finance Law; Real Estate Law
Shepherd D. Tate: Arbitration; Bet-the-Company Litigation; Commercial Litigation; Litigation – Regulatory Enforcement (SEC, Telecom, Energy); Litigation – Securities; Securities Regulation
David A. Thornton: Employee Benefits (ERISA) Law
Listed Nashville attorneys include:
H. Lee Barfield: Appellate Practice; Bet-the-Company Litigation; Commercial Litigation; Health Care Law; Insurance Law; Litigation – ERISA; Medical Malpractice Law – Defendants; Personal Injury Litigation – Defendants
Coburn Dewees Berry IV: Ethics & Professional Responsibility Law; Land Use & Zoning Law; Litigation – Land Use & Zoning; Litigation – Real Estate; Real Estate Law
Ross Booher: International Trade & Finance Law
Robert L. Brewer: Copyright Law; Information Technology Law; Technology Law; Trademark Law
James H. Cheek III: Corporate Governance Law; Corporate Law; Leveraged Buyouts & Private Equity Law; Mergers & Acquisitions Law; Mutual Funds Law; Securities / Capital Markets Law; Securities Regulation
E. Steele Clayton IV: Commercial Litigation; Litigation – Antitrust
Matthew Curley: Litigation – Securities
Michael L. Dagley: Commercial Litigation; Corporate Governance Law; Corporate Law; Litigation – Mergers & Acquisitions; Litigation – Securities
J. Page Davidson: Corporate Governance Law; Corporate Law; Leveraged Buyouts & Private Equity Law; Mergers & Acquisitions Law; Securities / Capital Markets Law
Wallace W. Dietz: Commercial Litigation; Corporate Compliance Law; Corporate Governance Law; Corporate Law; Derivatives & Futures Law; International Trade & Finance Law; Litigation – Banking & Finance; Litigation – Intellectual Property; Litigation – Mergers & Acquisition; Litigation – Securities
Felix R. Dowsley III: Banking & Finance Law; Commercial Finance Law; Real Estate Law
Robert L. Echols: Arbitration; Commercial Litigation
R. Todd Ervin: Tax Law
Samuel L. Felker: Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation – Defendants; Product Liability Litigation; Product Liability Litigation – Defendants
Davidson French: Employment Law – Individuals; Employment Law – Management; Litigation – Labor & Employment
Tim K. Garrett: Employment Law – Management; Labor Law – Management; Litigation – Labor & Employment
J. Andrew Goddard: Administrative / Regulatory Law; Energy Law; Environmental Law; Litigation – Environmental; Natural Resources Law; Water Law
James C. Gooch: Trusts & Estates
B. Riney Green: Corporate Law; Mergers & Acquisitions Law
R. Dale Grimes: Antitrust Law; Appellate Practice; Commercial Litigation; Litigation – Antitrust
D. Scott Holley: Banking & Finance Law; Financial Services Regulation Law
L. Wearen Hughes: Arbitration; Construction Law; Litigation – Construction; Mediation
Gene L. Humphreys: Bankruptcy & Creditor Debtor Rights / Insolvency & Reorganization Law; Litigation – Bankruptcy
Angela Humphreys: Corporate Law; Health Care Law
J. James Jenkins, Jr.: Corporate Governance Law; Corporate Law; Health Care Law; Mergers & Acquisitions Law; Securities / Capital Markets Law
Paul G. Jennings: Bankruptcy & Creditor Debtor Rights / Insolvency & Reorganization Law; Litigation – Bankruptcy
David A. King: Commercial Litigation; Health Care Law; Litigation – Securities; Medical Malpractice Law – Defendants; Personal Injury Litigation – Defendants
Howard H. Lamar III: Corporate Governance Law; Corporate Law; Health Care Law; Leveraged Buyouts & Private Equity Law; Mergers & Acquisitions Law; Securities / Capital Markets Law; Securities Regulation; Venture Capital Law
Robins H. Ledyard: Corporate Law; Insurance Law
J. Richard Lodge Jr.: Administrative / Regulatory Law; Commercial Litigation; Government Relations Practice; Insurance Law; Non-Profit / Charities Law
George H. Masterson: Public Finance Law
Anthony J. McFarland: Commercial Litigation; Franchise Law; Litigation – Banking & Finance; Litigation – Securities; Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation; Personal Injury Litigation – Defendants; Product Liability Litigation; Product Liability Litigation – Defendants
Bryan W. Metcalf: Tax Law
Claire F. Miley: Health Care Law
Paige Waldrop Mills: Copyright Law; Litigation – Intellectual Property; Trademark Law
Michael S. Moschel: Employment Law – Management; Litigation – Labor & Employment
Karen S. Neal: Public Finance Law
T. Scott Noonan: Health Care Law; Non-Profit / Charities Law
Jeffrey A. Oldham: Public Finance Law
J. Allen Overby II: Corporate Governance Law; Corporate Law; Leveraged Buyouts & Private Equity Law; Mergers & Acquisitions Law; Securities Regulation
William N. Ozier: Education Law; Employment Law – Management; Labor Law – Management; Litigation – Labor & Employment
Michael S. Peek: Banking & Finance Law; Project Finance Law; Real Estate Law
W. Brantley Phillips Jr.: Administrative / Regulatory Law; Commercial Litigation; Government Relations Practice
J. Bradbury Reed: Corporate Governance Law; Corporate Law; Mergers & Acquisitions Law
Cynthia Y. Reisz: Corporate Law; Health Care Law
Fritz Richter III: Employee Benefits (ERISA) Law
Todd J. Rolapp: Corporate Compliance Law; Corporate Governance Law; Corporate Law; Leveraged Buyouts & Private Equity Law; Mergers & Acquisitions Law; Private Funds / Hedge Funds Law; Securities / Capital Markets Law; Securities Regulation
John S. Seehorn: Banking & Finance Law; Real Estate Law
Cynthia N. Sellers: Banking & Finance Law; Commercial Finance Law; Real Estate Law
D. Mark Sheets: Real Estate Law
Keith B. Simmons: Public Finance Law
Blaine Smith: Litigation – Trusts & Estates; Trusts & Estates
Michael D. Sontag: Litigation & Controversy – Tax; Trusts & Estates
Samuel E. Stumpf Jr.: Corporate Compliance Law; Corporate Governance Law; Corporate Law; Franchise Law; Leveraged Buyouts & Private Equity Law; Mergers &Acquisitions Law; Private Funds / Hedge Funds Law; Securities / Capital Markets Law; Securities Regulation
James S. Tate Jr.: Banking & Finance Law; Commercial Finance Law; Real Estate Law; Securitization & Structured Finance Law
T. Stephen C. Taylor: Banking & Finance Law; Financial Services Regulation Law; Insurance Law
G. Scott Thomas: Environmental Law; Information Technology Law; Litigation – Environmental; Natural Resources Law; Technology Law
Bob F. Thompson: Corporate Governance Law; Corporate Law; Financial Services Regulation Law; Mergers & Acquisitions Law; Mutual Funds Law; Securities / Capital Markets Law
Overton Thompson III: Bet-the-Company Litigation; Commercial Litigation; Derivatives & Futures Law; Litigation – Mergers & Acquisitions; Litigation – Securities; Litigation – Trusts & Estates
F. Mitchell Walker Jr.: Corporate Compliance Law; Corporate Governance Law; Corporate Law; Mergers & Acquisitions Law; Mutual Funds Law; Securities / Capital Markets Law; Securities Regulation
Leigh Walton: Corporate Governance Law; Corporate Law; Health Care Law; Mergers & Acquisitions Law; Securities / Capital Markets Law; Securities Regulation
Elizabeth S. Warren: Health Care Law
Charles K. Wray: Public Finance Law
Jessalyn H. Zeigler: Environmental Law; Litigation – Environmental; Natural Resources Law
