The Voice

The forecast for adoption of such construction technologies, materials, and methods is catching on for a variety of reasons, given the economic state of the globe, sustainability initiatives, the shortage of qualified and skilled labor, and supply chain issues globally. Believe it or not, modular construction is not new, with its origins dating back to England in the 1600s. Such construction methods were also employed through the California Gold Rush in the 1800s. Times have changed since then, with proponents of modular construction touting reduced project costs, accelerated schedules, consistency, and sustainability. With the global push toward more resilient and sustainable construction, coupled with the emerging supply chain issues, modular construction is gaining traction.

Whereas modular construction dates back centuries, the origins of mass timber date back to the early 1990s in Austria and Germany when cross-laminated timber (CLT) was first introduced. The engineered wood was slow to gain wider adoption and use, but recently has seen a significant increase in the construction industry. In 2019, 78 buildings using mass timber were completed in the United States, while another 460 were in development. Experts have predicted the number of buildings to be completed will continue to rise, with over 24,000 estimated in 2034. In support of the widespread adoption of mass timber, the International Building Code (IBC) expanded its building code provisions in its 2021 release, while two of the largest insurers in the world (AXA XL and Zurich) started tailoring insurance policies to mass timber construction.

Beyond decades- and centuries-old methods, 3D printed construction is a product of advances in computers, software, and other technologies. Dating back to 2006, prototypes and one-off attempts to 3D-print structures of all sorts were attempted. The world’s first 3D printed neighborhood began in Tabasco, Mexico in 2019, with the first “net zero energy” neighborhood started in Southern California in 2021. The headlines don’t stop, Lennar and Icon Technologies partnered to build a 100-home community in Austin, Texas, starting in 2022. The global 3D printing market is expected to grow from USD 12.6 billion in 2021 to USD 34.8 billion by 2026; thus, the path traveled by all the technological products before it, such as modular and mass timber, is still to be sorted out with 3D printed construction, from building code considerations to like-kind-quality (LKQ) repairs.

More so on the horizon will be insurance claims and litigation stemming from covered losses to allegations of defects. With such new technologies, much of what the construction and insurance industries will face in the future will be uncharted territory. Stay tuned.

Envista Forensics is proud to be a Premier Sponsor of DRI’s 2022 Construction Law Seminar, taking place January 26–28, 2022 in Austin. Learn more at https://www.dri.org/education-cle/seminars/2022/construction-law. 

Frank Griffin, PE, LEED AP, is a Principal Consultant with Envista Forensics. Terence Kadlec, PE, is Director, Specialty Practices, with Envista Forensics. 

For More Information

https://www.modular.org/HtmlPage.aspx?name=MA-oi-History-of-Modular 

https://www.constructiondive.com/news/mass-timber-101-understanding-the-emerging-building-type/443476/ 

https://research.cnr.ncsu.edu/blogs/clt-panels/history-of-cross-laminated-timber/ 

https://bim360resources.autodesk.com/connect-construct/a-history-of-3d-printing-in-construction-what-you-need-to-know 

The child of two teachers, she calls herself “a proud product” of Yonkers public schools, and her interest in the law began at a young age. In high school, she competed in a state-wide Mock Trial competition and never looked back. Appreciating that hard work is the key to success, Lisa graduated from both high school and Binghamton University a semester early. At New York Law School in Manhattan, Lisa excelled at Moot Court, ultimately becoming a coach for the national Moot Court competitions. She remained in the City after graduation to work for the Office of the Corporation Counsel for New York City, where she garnered considerable trial experience. A college rugby player, Lisa’s grit and stamina was a key factor in her success in defending police officers, corrections officers, and firefighters.

Upon moving back to Westchester from the City, Lisa joined a litigation firm focused on construction law—another practice area that is traditionally male-dominated and at which she excelled. In 2017, after about 20 years as someone else’s employee, she began her own firm. Black, Marjieh & Sanford LLP is 100 percent women-owned, having more than doubled in size since inception.

Lisa acknowledges that being a working mom and wife is a “constant challenge,” but she remains awed by the support that her family has offered as she transitioned to becoming a business owner. In addition to her volunteer efforts with DRI, Lisa is active in other outside industry organizations participating on steering committees, planning national conferences, and speaking on national panels. She was a co-founder of the New York Law School Moot Court Alumni Support Network, and she volunteers as a mentor at both her alma maters. She is a Fire Commissioner in her local volunteer fire district, and she became a certified mediator, which provides a unique skill set to complement her litigation skills.

As the managing partner of her firm, Lisa describes herself as an “avid student of thought leadership.” She is in constant search of information about successfully running the firm, and that search particularly includes “listening to my top people” and “asking for ideas on how to better (and more efficiently) get things done.” She and her partners believe in the team approach to building the practice, and she often notes that “there is no ‘I’ in TEAM.” Toward that end, she encourages all the lawyers in her firm to invest in their own professional development—make the business case and to seek firm support for that investment. She offers this advice: “Widening your experience and professional network opens the door to new opportunities. You should always be striving to be a better version of yourself.”

In explaining the “power” of small firms and leaders such as herself, Lisa says that the personal approach to working with clients and handling client matters enables her firm to better understand their clients’ business needs. “This is a relationship business,” she notes. “As part of the relationship with clients, we strive to proactively target the resolution strategy that best suits their interests and their needs. Really having a deeper relationship with your clients, knowing more about them by working with them on many files, knowing their preferences in communication, their company requirements, and other important tidbits, enables us to provide a higher level of client service than some of our larger firm peers.”

In a world where globalization has almost become a mantra, Lisa believes that the power of small firms lies in their capacity to be nimble. “It’s all about flexibility, flexibility, flexibility,” she admonishes. With younger children, she was able to leave the office and work behind for those crucial hours to meaningfully participate in homework, dinner, and bedtime. Then she would turn the computer back on late at night. Now that her children are older, however, she chooses to “plow through” and then retire for the evening because the dinnertime is later, accommodating the family’s active schedule. “Everyone is in a different place in their Iives and has to manage their own personal or family schedule. As long as they are: 1) good communicators and 2) getting it done (and done well), our firm lets them figure out what works best for them.” This approach has resulted in being honored as one of Fortune’s “Best Small Workplaces” in 2018 and as a certified “Great Place to Work” from inception to present. Along the way, eight BM&S attorneys were recognized in 2021 as SuperLawyers.

The beauty of a smaller firm based out of one office is that everyone at every level of the firm truly knows each other. They have lunch together, decorate the office for the holidays together, gather and connect. Understanding and having a deeper personal connection with each other makes for a better team. That, opines Lisa, is just impossible to replicate on a much larger scale. The firm philosophy in this regard is reflected on the firm website, where Richard Branson’s famous advice is prominently quoted: “Clients do not come first. Employees come first. If you take care of your employees, they will take care of the clients.” Lisa articulates this sentiment in plain terms: “If your employee knows you truly place value on her personal and professional development, as well as her personal time, she will, in turn, place value on the firm’s priorities. Firm goals will be met, and the business will be profitable.”

More than anything, Lisa believes that positivity and kindness is the essential element of the Power of Small Firms. “Give more than you take,” she says, “and people will want to give back to make for a better team overall. Lead with kindness by example. Say thank you with intention. I don’t expect anyone to order my lunch just because my name is on the door. We may always be intently focused on the firm’s goals and accomplishing them efficiently, but in doing so, we try to make sure we act with kindness and gratitude to ensure our team members know they are valued every day.”

Marta-Ann Schnabel is the managing director of O’Byron and Schnabel PLC and a past president of both the New Orleans Bar Association and the Louisiana State Bar Association. She has been recognized by Super Lawyers as one of Louisiana’s Top 25 Women Litigators.

Both cases were filed in New York state court. In Leroy, the plaintiffs (guardians of an incapacitated individual) allege that one hospital engaged in medical malpractice by failing to provide their ward with a COVID-19 test. The patient was transferred to another hospital and was subsequently diagnosed with COVID-19; the second hospital is accused of engaging in malpractice based on the patient’s treatment plan after being diagnosed with COVID-19. In Rivera-Zayas, the plaintiff, the administrator of a decedent’s estate, alleges that the nursing home failed to implement adequate infection control measures as required by the Centers for Medicare and Medicaid Services (CMS).

In both cases, the defendants removed their respective cases to federal court in Brooklyn, NY. Both sets of defendants argued that the cases presented federal questions because under the main federal pandemic-response law, the Public Readiness and Emergency Preparedness (PREP) Act, the only claims that can be brought regarding pandemic countermeasures are federal ones. In jurisdictional terms, the defendants argued that the plaintiffs’ claims were “completely preempted.” The district courts disagreed and remanded the cases back to state court.

DRI’s amicus briefs explain why the PREP Act completely preempts the plaintiffs’ claims. The briefs argue that the Act provides an “exclusive Federal cause of action,” and the structure of the Act plainly demonstrates that Congress intended for questions of PREP Act immunity to be decided by federal courts. The briefs also highlight the significant litigation costs that healthcare providers and nursing homes will incur if PREP Act immunity is left to be decided by state courts.

DRI’s amicus brief in Rivera-Zayas also supports the appellants’ argument that the federal-officer removal statute, 28 U.S.C. §1442(a), provides a separate basis for federal jurisdiction. The brief provides essential background demonstrating that the relationship between nursing homes and the federal government goes beyond mere regulation; nursing homes provide an essential service on behalf of the federal government, and thus “act under” the direction of federal officers when they are directed by CMS to implement measures to combat the spread of COVID-19. Defendants who “act under” federal officers are entitled to remove their cases to federal court.

DRI’s briefs (available online: Leroy; Rivera-Zayas) were authored by William M. Jay and Andrew Kim of Goodwin Procter LLP.

The Impact of Fire Sprinkler Failures 

Where present, building codes generally require sprinkler systems to cover every square foot of a building. They are generally constructed of metals, which can be prone to corrosion, and plastics, which can fail from residual stresses and chemical contamination. These materials often fail due to expansion pressures when the water contained in the piping freezes. 

Unfortunately, the nature of sprinkler systems causes their failure to have a considerable negative impact on the structures protected. Sprinkler failures, in combination with the reach of the fire protection ecosystems, can result in severe water damage to structures and their contents. As the water will keep flowing until someone does something about it. 

National Fire Protection Association (NFPA) Standards 

The NFPA 13 design standard for sprinkler systems requires access to, and system features for, routine testing. For example, main drains are used to remove water from the system and check for blockages in the incoming piping. Inspector test connections are used to check alarm system operation. Shutoff valves at the risers are used to impair systems for piping maintenance work. Low point drains on dry pipe systems are used to remove water from the systems to prevent ice damage. A tacet assumption is that if the system is installed and commissioned to the NFPA 13 standard, then it is considered reliable; loss statistics say otherwise. 

Testing requirements can be found in the NFPA 25 Standard for the Inspection, Testing, and Maintenance of Water-based Fire Protection Systems. Owners, who are in responsible charge of maintaining these systems, generally outsource this testing and maintenance requirement to a specialized contractor. The NFPA 25 standards do not require servicing contractors to identify or address a broad range of design deficiencies, for example improper pipe material, improper slope, inadequate hangar spacing, or potential exposure to freezing conditions. The systems are only required to be, where visible, evaluated from the floor level, which can leave most of the systems unchecked during a typical annual inspection. 

Despite these provisions, sprinkler systems still fail and cause water damage. 

Prevention of Structural Damage 

While there is not one-works-for-all solution to the reliability issue, the current best defense for standard of care is training for comprehension and knowledge of system attributes. There is always an interplay between evaluation cost for compliance and a true reliability assessment, though a knowledgeable and thorough contractor can effectively prevent many types of failure.  

It is important to follow the most current NFPA requirements and thoroughly document all the steps in the process. Testing and inspection forms are very important for post-loss evaluation of system conditions. Photographs of the system condition, which are not required by standards, are even better. 

Additional reliability enhancements are under consideration by code and standards bodies, which could include more process-driven standards for the routine evaluation of sprinkler systems. Application of industrial reliability concepts may dictate the inclusion of additional steps in the evaluation process, such as detailed internal inspections of all piping, provision of material surface coatings, water quality testing, and evaluation of freezing potential.  The evaluation of loss statistics and costs associated with routine maintenance activities, both current and proposed, are needed to form a consensus on forward-looking industry practice requirements. 

Adam Farnham is a Senior Principal Consultant with Envista Forensics, a Premier Sponsor of DRI’s 2022 Product Liability Conference taking place February 2-4 in Las Vegas. Learn more at https://www.dri.org/education-cle/seminars/2022/product-liability

The defendants argued that plaintiffs’ mother was a resident in their facility for three years and during that time they identified and treated multiple wounds. The final wound was also being properly treated but she ultimately died due to her other comorbidities.

One of the major issues at trial was the type of mattress the resident was on at the time her final pressure ulcer worsened. Defendants presented evidence that all residents are placed on pressure reduction mattresses, but that plaintiff’s mother was upgraded to an even higher level of mattress in 2015. Plaintiff claimed that this mattress was not in place until December 1, 2017, and that by that time it was too late.

Defendant’s experts, Bruce Robinson, MD, and Lisa Gildred, RN, testified that either mattress would have been appropriate in 2017 and that the wound was being properly treated. Defendant’s experts also testified that plaintiffs mother lived a long full life and survived longer than her doctors predicted in January 2015.

Plaintiff requested a total of $900,000 in non-economic damages. On December 9, 2021, the jury deliberated for approximately three hours and returned a unanimous verdict in favor of the defense.

Michael O’Donnell, Edward Stewart, Shawn Neal, and Christopher Daniels

Wheeler Trigg O’Donnell (WTO) lawyers won a defense verdict for Michelin North America, Inc. in a high-profile product liability trial in South Carolina. In closing arguments, the plaintiffs’ counsel asked the jury to award $66 million in damages.

The case arose out of a 2017 motorcycle accident involving Michelin tires. The crash resulted in catastrophic injuries to both occupants, including the driver who sustained permanent paralysis. The plaintiffs alleged that the motorcycle tire was defectively manufactured.

In his opening statement, lead trial counsel Michael O’Donnell acknowledged that this was a tragic accident, and he sympathized with the plaintiffs. However, O’Donnell reminded jurors, “this case is about facts and science, not sympathy.”

In a statement, Michelin said it “respects the work the jury did to reach its decision. While we sincerely regret this tragic accident and the devastating effects it has had on the Nash family, the evidence presented throughout the eight-day trial showed that the accident resulted from severe under-inflation and improper maintenance of the Michelin tire, not a manufacturing defect. Michelin will continue to vigorously defend the world-class quality of its products and the high-level work of its engineers in these types of cases.”

A WTO team including O’Donnell, Edward Stewart, and Shawn Neal represented Michelin at trial, along with Christopher Daniels of Nelson Mullins.

John B. Stewart

In late-2019, John B. Stewart, of Murphy & Manitsas, Springfield, Mass., was brought aboard to assist Travelers’ defense counsel with a possible summary judgment motion. That effort ended with an affirmance for the defense by the U.S. Court of Appeals for the First Circuit on Dec. 28, 2021. Forbes v. BB&S Acquisition Corp., --F.4th--, 2021 WL 6124407, 2021 U.S. App. LEXIS 38375.

The case stemmed from a 2016 fatality, three days after crash involving an interstate motor carrier whose driver had just delivered BB&S's lumber to its customer, and the driver was pulling an empty flatbed trailer on the way to his next pickup. The ad damnum in the suit was $7 million.  Plaintiff had filed the case in Federal Court against six defendants on various theories, including against the actual motor carrier and its driver. The driver had been convicted in criminal court of negligent operation causing death and served time in prison. 

The Federal Complaint alleged BB&S was liable as a motor carrier, the "statutory employer" of the truck driver operating at the time of the fatal crash, and/or as a shipper who was negligent in the selection of an unfit carrier to deliver its goods under Restatement of Torts (Second) Section 411. Discovery had taken place over a period of years, and a discovery ruling had partially reigned-in plaintiff's broad requests and had established BB&S was acting solely as a "shipper" (and not a motor carrier) in hiring the co-defendant trucking company to deliver its goods.

The District Court allowed BB&S's motion for summary judgment, denied reconsideration, allowed separate and final judgment, then denied a request to postpone the trial against the other defendants pending decision on Plaintiff's appeal against BB&S in the First Circuit, and declined to certify to Supreme Judicial Court a question of law (whether Massachusetts recognized Section 411 as a viable cause of action).

After briefs were filed in the First Circuit, Plaintiff obtained a jury verdict against the motor carrier and its driver for punitive and compensatory damages of approximately $2 million. The issues in Plaintiff's appeal, argued on Dec. 9, were whether BB&S, as shipper, had responsibility for an accident that occurred after its goods had been delivered, either on a lack of duty or lack of causation basis. Additional arguments were that Massachusetts had not adopted Sec. 411, and that it was not the role of the Federal court to "blaze new trails" in state tort law, especially where Plaintiff had chosen the Federal forum. Finally, that BB&S did not control the driver's actions on the delivery trip or lease him any equipment.

The First Circuit held the fact the delivery contract with BB&S had been completed meant that the driver's accident could not have been caused by any tortious conduct on its part, and there was no lease of equipment or control of the driver that would support a "statutory employer" claim. The summary judgment ruling allowed BB&S to avoid the expense and peril of a three week-long trial.

Michael Burgoyne and Louis Long

Michael Burgoyne and Louis Long, both of Thomas, Thomas & Hafer LLP, combined their efforts in a precedent-setting win in the Maryland Court of Special Appeals.  Burgoyne, managing partner of the firm’s Baltimore office, successfully moved to dismiss a SLAPP suit brought by a real estate developer against several residents and their community groups that opposed changes in a planned unit development. Long, chair of the firm’s Appellate Practice Group, and a partner in the Pittsburgh office, briefed and argued the appeal. Long is a past president of the Pennsylvania Defense Institute and is the current co-chair of its Appellate and Amicus Committee.  

In MCB Woodberry Developer, LLC v. The Council of Unit Owners of the Millrace Condominium, Inc., et al., No. 1187, September Term 2020 (Md. Ct. Spec. App. December 16, 2021), the court construed and applied a statute, Md. Code Ann., Cts. & Jud. Proc. § 5-807, to protect the first amendment rights of the defendants to express their positions and to participate in governmental proceedings that affected matters of public concern. The decision explained that the statute immunized such activity and it barred retaliatory litigation tactics, known as strategic lawsuits against public participation, or SLAPP actions for short. The court ruled that the developer’s suit met the statutory criteria for dismissal because the timing of the action—coupled with the monstrous compensatory and punitive damage claims, intrusive and oppressive discovery, and conclusory and unsubstantiated allegations—demonstrated the developer’s bad faith in commencing the suit that was expressly designed to silence the opposition to its development. 

Keep The Defense Wins Coming!

Please send 250–500 word summaries of your “wins,” including the case name, your firm name, your firm position, city of practice, and email address, in Word format, along with a recent color photo as an attachment (.jpg or .tiff), highest resolution file possible, to DefenseWins@dri.org. Please note that DRI membership is a prerequisite to be listed in “And the Defense Wins,” and it may take several weeks for The Voice to publish your win.

Marc A. Nichols has been appointed as the new Chief Counsel of the U.S. Federal Aviation Administration (FAA), the third highest ranking official in the agency. Mr. Nichols was sworn in on Jan. 5, 2022. Prior to joining the FAA, Nichols served as Executive Vice President, General Counsel and Company Secretary at Saab, and Legal Counsel and Director of Compliance with Rolls-Royce. He has been a DRI member since 2005.

Swift, Currie, McGhee & Hiers welcomed their 2022 partner class, including DRI Member Dustin Thompson. Mr. Thompson has been a DRI member since 2021.

Jacob Woodard recently joined Rockler Companies, Inc. as its General Counsel.  Mr. Woodard will be managing legal and compliance operations for Rockler, which is a nationwide retailer and manufacturer of specialty products for woodworkers and tradespeople.  His primary focus will be on corporate, M&A, intellectual property, employment, real estate, product liability, risk management, and regulatory compliance matters. He has been a DRI member since 2002.

Tucker Ellis announced that it has elected 10 attorneys to the firm’s partnership effective Jan. 1, 2022, including DRI members Nicole Braden Lewis and Charissa Walker.

Ms. Lewis defends companies nationally and locally in asbestos litigation. As national coordinating counsel, she manages local counsel around the country in directing a unified defense. As local counsel in Ohio, Ms. Lewis represents product manufacturers and premises owners in their individual cases. Her practice includes defending medical and dental providers against malpractice claims and counseling manufacturers in product safety. Ms. Lewis also co-chairs the Tucker Ellis Women’s Initiative. She received her law degree magna cum laude and Order of the Coif from Case Western Reserve University School of Law and her undergraduate degree summa cum laude, Phi Beta Kappa, from Denison University. She had been a DRI member since 2013.

Ms. Walker is a trial attorney who defends pharmaceutical and medical device manufacturers as well as consumer product manufacturers in product liability and other negligence-based claims. She defends actions in both state and federal courts throughout the United States, including taking and defending fact and expert witness depositions, arguing oral motions, negotiating favorable settlements, jury selection, and examining witnesses at trial. As a member of Tucker Ellis’s national coordination counsel and local counsel teams for several medical device and consumer product manufacturers, Ms. Walker serves as the liaison between Tucker Ellis and co-defense counsel at other firms throughout the country to coordinate defense strategy. Ms. Walker received her law degree summa cum laude from Cleveland-Marshall College of Law and her undergraduate degree magna cum laude from Kent State University. She has been a DRI member since 2014.

Irwin Fritchie Urquhart & Moore recently announced several appointments of DRI members as of Jan. 1, 2022.

Kelly Juneau Rookard, J.D. Tulane Law School; B.A. LSU, has been elected Equity Partner. Kelly first joined the firm as a Summer Associate in 2002, then as an Associate in 2005. Kelly was elected to Partner in 2012. Kelly is Chair of the Staff Evaluation Committee, and member of both the Diversity Committee and Client Development Committee. Kelly has been an integral part of formalizing the firm Parental Leave policy and enhancing staff evaluation and training. Ms. Rookard has been a DRI member since 2008.

In addition, Jay M. Mattappally, Darleene D. Peters, and Ali A. Spindler have all been elected Partners.

Jay M. Mattappally, J.D. Loyola College of Law; M.E.M. Duke University; B.S.E Tulane University. He focuses his practice on the defense of product manufacturers, including medical device, pharmaceutical, chemical, and consumer-product manufacturers in individual and mass-tort actions. He is experienced in all phases of the litigation process, including discovery, motion practice, trial preparation, and trial. Mr. Mattappally also utilizes his scientific background to work closely with technical witnesses and experts, as well as investigate complex scientific issues relevant to a particular case.  Prior to joining Irwin Fritchie, he worked with corporate clients on scientific and legal issues involving a variety of complex technologies in the field of intellectual property. Mr. Mattappally has been a DRI member since 2017

Darleene D. Peters, J.D. Loyola College of Law; M.B.A Loyola College of Business; B.S. Xavier University of Louisiana. She represents pharmaceutical and medical device manufacturers in Louisiana and throughout the country, in federal and state court, as well as in numerous multi-district litigation (MDL) matters. She has extensive experience with all phases of litigation, formulating strategic approaches in the defense of these matters, assessing, and identifying lawsuit merits, and devising creative settlement strategies. During her tenure with the firm, Darleene also served as a Judicial Law Clerk for Magistrate Judge Karen Wells Roby at the U.S. District Court for the Eastern District of Louisiana. Darleene is a proud native of New Orleans. Darleene also serves as the Chairperson of the firm’s Diversity, Equity & Inclusion Committee. She has been a DRI Member since 2014.

Ali A. Spindler, J.D. Tulane Law School; B.A. Louisiana State University. Ali has extensive experience in toxic tort litigation, defending premises owners, employers, and their insurers in all phases of litigation, including discovery, motion practice, expert workup, preparation of corporate witnesses, and trial preparation. She works with teams of expert witnesses from various disciplines to develop litigation strategy and to prepare the experts for depositions and trials. Ali also has extensive experience defending medical device and consumer products manufacturers in multidistrict, federal, and state litigation. She has been a DRI member since 2013.

Ulmer & Berne LLP recently announced that several Partners have been elected to Ulmer’s Management Committee effective January 1, 2022, including DRI Member Jennifer Snyder Heis. Ms. Heis will serve an important role on the Committee, which is a 10-member group responsible for guiding the operations and strategic direction of the firm. Ms. Heis is a product liability litigator in Ulmer’s Cincinnati office and will serve her first term on the Management Committee. She has more than 20 years of experience defending clients in a wide variety of industries, including pharmaceutical products, dietary supplements, consumer products, and construction and industrial equipment. She represents clients in complex litigation, including multidistrict litigation and consolidated court proceedings, as well as individual cases throughout the country. She is involved in several areas within DRI, including the Product Liability and Drug & Medical Device Committees. Ms. Heis has been a DRI member since 2006.

Niles Barton & Wimer recently announced that Diane E. DiBlasio and Michele F. Hayes have been elected to partners. Ms. DiBlasio and Ms. Hayes have both  DRI members since 2016

Robinson+Cole announced the promotion of Gregory J. Bennici, Jessica Hamilton and Gabrielle Mercadante, effective Jan. 1, 2022.

Gregory Bennici regularly litigates disputes related to group welfare benefits, the Employee Retirement Income Security Act (ERISA), health insurance, disability insurance, and life insurance coverage. He also maintains a substantial business litigation practice, representing a variety of stakeholders in complex commercial disputes. Bennici is resident in the firm’s Stamford office. He has been a DRI member since 2017.

Jessica Hamilton is a member of the firm’s Insurance + Reinsurance Group and Appellate Group, as well as the firm’s Data Privacy + Cybersecurity Team. She focuses her practice on complex insurance coverage and extra-contractual counselling and litigation, as well as high-exposure liability claims and other complex commercial litigation. Hamilton is resident in the firm’s Hartford office. She has been a member since 2014.

Gabrielle Mercadante is a member of Robinson+Cole’s Insurance + Reinsurance Group where she defends litigation against insurance companies and other commercial clients, including hotels, airlines, and other large corporations. Her practice focuses on both insurance coverage and defense work, and she also litigates cases outside of the insurance context. She is fluent in Spanish. Mercadante is resident in the firm’s Miami office. She has been a member since 2013.

If you have a recent achievement or recognition, you would like featured, email your news to membership@dri.org. Please note that DRI reserves the right to review all accomplishments to ensure they are adequate for publishing. All submissions will be reviewed for relevance and compliance with DRI’s mission. Submissions may be edited to conform with our standards and space limitations.