The Voice^TM

The meeting will take place at the Hyatt Regency Seattle, centrally located just steps away from Seattle landmarks like Pike Place Market and the Paramount Theatre. You’ll be close to some of the best food, shopping, and fun the city has to offer. While you’re here, we recommend you explore Seattle and all the city has to offer. From delicious food to gorgeous sights, there’s something for everyone.

Join DRI for Life for some morning exercise:
On the morning of Thursday, October 17, join your colleagues for DRI’s Grunge Run/Walk. Costumes are encouraged but not required! Learn more about the run.

Don’t miss DRI’s "CLE on the Go" on Thursday afternoon.
Enjoy the best of DRI CLE and networking by exploring Seattle’s historic landmarks with your peers during DRI’s CLE on the Go. See everything Seattle has to offer during this outstanding experience hosted by various DRI substantive law committees.

*CLE on the GO will be available for on-demand credit only. Advance registration required. Click here to learn more.

Join us in supporting Blessings in a Backpack by feeding a child before you feed yourself.
For this DRI Cares Project, Annual Meeting attendees will have the opportunity to fill bags of food on the way to Business & Bites in the Exhibit Hall on Thursday, October 17th.

Blessings in a Backpack’s mission is to mobilize “communities, individuals, and resources to provide food on the weekends for school-aged children across America who might otherwise go hungry.” Join fellow DRI members to fill backpacks that will help keep kids fed when they’re away from school. We hope you join us to support this incredible cause.

THE must-attend event of the Annual Meeting—DRI’s Networking Reception: An Evening at the Museum of Pop Culture, sponsored by LawyerGuard.
Join colleagues and peers for an unforgettable evening at DRI's exclusive networking reception at the Museum of Pop Culture. Don't miss this opportunity to connect with old and new friends while exploring the while exploring some of the world's most legendary pop culture artifacts including the Hendrix Collection that explores Jimi Hendrix's storied career and the Nirvana Gallery, which has the "world's most extensive exhibition of memorabilia" with more than 200 rare artifacts, photographs, and oral histories.

Experience the winner of The Seattle Times' 2023 Best in the Pacific Northwest including Best Art Gallery, Best Attraction, and Best Museum all while networking with your DRI Community and enjoying hors d'oeuvres, cocktails, wine, and assorted beers.

And as always, DRI will offer formal CLE programming on the mainstage that will cover hot topics of interest for our members on wide-ranging issues that relate to all aspects of the practice and business of law:

• We Can All Do Better (with two-time NBA champion and former US Senator Bill Bradley)
• Travel as a Political Act (with popular public television host and best-selling travel writer Rick Steves)
• Artificial Intelligence (AI) – The Future is Here: These are the Practical Tips You Need Now
• Implementing a Culture of Innovation
• Improving the Behavioral Health and Well-Being of Lawyers
• Creating a Culture of Collaboration for Navigating Disputes

Don't miss the flagship event of the year for the civil defense community. Join us in Seattle and explore new ways to learn, connect, and engage with your DRI community! Secure your spot by September 9 and save up to $700 with early bird rates!

On August 21, 2024, DRI for Life is presenting a webinar titled Mind Over Matters: Prioritizing Mental Health in Law with speakers Cory Reed and Jacqueline Kamie. Wellness is such an important part of all of our lives, and it looks different for everyone. We all struggle with work-life balance, and I encourage you to register for this webinar today.

In September, the DRI Foundation, along with participating state, local and national defense organizations (SLNDOs), will hold its 2024 International Day of Service. The DRI Foundation asked SLNDOs to hold a service project of their choice during the month of September. The SLNDOs will have an opportunity to give back to their communities and strengthen relationships with DRI members and SLNDOs across the nation. It is not too late to participate. Tell us about your project through this simple form!

I also urge you to register for the DRI Annual Meeting in Seattle, Washington, on October 16-18. While you are there, please join DRI Cares for its service project supporting Blessings in a Backpack. Over the course of our two-year partnership, the DRI Foundation has committed to supporting 10 packing events a year, providing weekend meals to thousands of children in need. At the 2023 Annual Meeting, we were able to fill 1,000 backpacks in 24 minutes. Can you help us beat that record this year?

DRI for Life will also be sponsoring a Grunge Run/Walk on Thursday, October 17. Come dressed in your favorite grunge attire as we take in the sights of Seattle before the day’s programing begins. Don’t forget to join the CLE on the Go–a great way to explore the sights of Seattle while earning important CLE credits–and network with other DRI Members.

In October, my term as president of the DRI Foundation will end. I have been honored to serve in this role for the past year after serving as the vice president for two years. During this time, I have seen first-hand how generous and mindful our membership is. The DRI Foundation appreciates all of your support for the DRI Foundation, DRI Cares, and DRI for Life.

I would like to thank DRI Foundation Vice President Lori O’Tool and DRI Foundation board members Ashley Brathwaite, James Craven and Gretchen Kulkoski for their hard work this year. I would also like to thank DRI Cares Chair David Jones and DRI Cares Vice Chair Catherine Leatherwood and DRI for Life Chair Ricardo Woods and Vice Chair Christopher Pyles for all their work this year. Finally, thank you to the DRI Executive Committee for allowing me to be at the helm of the DRI Foundation this year. 

Jodi V. Terranova of Wilson Elser is the president of the DRI Foundation.

Download the Article (PDF)

The Supreme Court will review whether civil RICO encompasses claims for economic harm tied to personal injuries in Medical Marijuana, Inc. v. Horn (23-365). This case involves a truck driver who lost his job after failing a drug test due to a legal, nonpsychoactive CBD product. The Second Circuit allowed the driver to pursue a civil RICO claim for lost wages against the product's producers.

The DRI Center for Law and Public Policy and Atlantic Legal Foundation (ALF) filed an amicus brief urging the Court to exclude personal injury-related economic harm from civil RICO. The Center's brief supports a narrow interpretation of civil RICO, arguing it should not cover economic harm linked to personal injuries. The Second Circuit's interpretation expands civil RICO's scope, which is incorrect and harmful. RICO was meant to fight organized crime and its economic effects, not to redress personal injury-related economic losses. Expanding RICO in this way would increase litigation costs and liabilities for businesses, affecting product liability and mass tort cases, raising insurance costs, and stifling innovation.

The Center's brief was written by Sarah Elizabeth Spencer of Spencer Willson PLLC and co-authored by ALF Executive Vice President & General Counsel Larry Ebner as co-counsel. Spencer and Ebner are both members of the Center's Amicus Committee.

The brief warns of excessive litigation if the Second Circuit's view is upheld, leading to forum shopping and exploiting civil RICO's broad provisions. This misuse would dilute RICO’s original purpose of dismantling organized crime. The Center and ALF also filed a petition-stage amicus brief in November 2023, encouraging the Court to take the case. Certiorari was granted on April 29, 2024.

Membership includes:

• Complimentary registration to all DRI seminars and Annual Meeting.
• Access to up to 8 hours of continuing legal education (CLE) credit at no additional cost with DRI's Free Webinar Series—that's a savings of $1,350!
• Access to all 29 DRI Committees, including the Young Lawyers Committee.
• Subscriptions to DRI's publications: The Voice, For the Defense, The Brief Case, and In-House Defense Quarterly.

Program Eligibility

These changes make it clear that the proponent of an expert must establish that it is more likely than not that the expert meets the requirements of the rule, which includes demonstrating that the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.

These changes are equally appropriate in states where General Acceptance is the standard and, of course, in states following Daubert.

The Center is aware of efforts already underway by state and local defense organizations (SLDOs) to consider advocating and supporting these changes in Florida, Georgia, Illinois, Missouri, North Carolina, and Pennsylvania.

The Center encourages SLDOs in the other states to consider advocating and supporting efforts to adopt these changes in their states. DRI and the Center will not appear in support of these changes in states without being asked by the SLDO to do so. The Center is aware that other national organizations (e.g., Lawyers for Civil Justice; the Chamber of Commerce; and DRI sister organizations, such as the Federation of Defense and Corporate Counsel) are actively supporting efforts to bring these changes into all states.

The Center’s Legislation and Rules Committee looks forward to working with all DRI members interested in advocating for these changes in their states and with all SLDOs interested in these issues. If you or your SLDO are interested, please contact TheCenter@dri.org.

New Appointments

Newly appointed to the Center’s State Legislation and Rules Task Force are DRI members Emily Motto Bottorf and Brendon Pashia.

Emily is coverage counsel for UFG Insurance in Cedar Rapids, Iowa. She has been an active leader within the DRI Litigation Skills Committee, currently serving as publications vice chair. She previously served DRI as chair of the 2019 Young Lawyers Seminar. Emily is also a past president of the Nebraska Defense Counsel Association.

Brendon is an associate in the Nashville, Tennessee, office of Sutter O’Connell. He is focusing his practice on commercial litigation, trucking and transportation, premises liability, products liability, and a wide array of other general liabilities matters. Brendan is a member of the DRI Young Lawyers and Litigation Skills Committees.

Technology

The COVID-19 pandemic gave litigators at least one gift: advances in and an increased use of technology. This is certainly true for lawyers with young kids and even more so for households with two working parents.

Before the pandemic, a 9:00 a.m. status hearing two hours from home might require an early alarm clock and cashing in brownie points with one’s own parents or siblings to help get kids to daycare or school. Adding to the chaos, the actual hearing may last all of three minutes and, depending on the client, you might not even get paid for the full five hours you spent driving to and attending the hearing. But the litigation world has changed dramatically. Now, many courts allow for in-person or videoconference attendance, providing much needed relief to already chaotic mornings.

Taking advantage of advances in technology, lawyers are working from home more than before. Although the efficacy of working from home is not the focus of this article, it has changed litigation. It changed the way we hire: candidates now expect some type of work-from-home setup, regardless of how often or consistently they use it. It has provided us with more flexibility: it is now much easier to make that standing athletics or music practice on Thursdays at 4:00 p.m. and make up the lost time from home, the car or elsewhere. It has even helped new parents better transition back from parental leave (more on that below) and provide more flexibility when children inevitably get sick or have a daycare/school closure.

Not everyone will agree on the benefits or use of such technology, but it seems to be a driving force in the industry that will require some level of adaptation. Time will tell us how many of these changes are here to stay. Discuss with your firm colleagues what is best for your firm. Get ideas from other industry professionals. Whatever you do, understand this is not the litigation world of yesteryear.

Ramp Up / Down Period

As we look to more ways to help the working parents in legal industries, and more specifically at law firms where billable hours remain a requirement, one idea that law firms should consider implementing on a more standard basis is that of a “ramp up” or “ramp down” period to help their working parents return to their work from parental leave or prepare to go on leave (e.g., for birth or adoption of a child).

This concept is not necessarily new to the legal industry, but it does not appear to be the norm for it either, especially at smaller to mid-size law firms. Essentially, a “ramp up” period would allow the firm’s working parents flexibility in returning to their place of work, working at a certain percentage rate (e.g., 70-80%) for the first 2-3 months (with a preference for three months), without being penalized for less work, until they could proceed with working at their previous 100% rate after 2-3 months (whatever the policy would be of the firm). A “ramp-down” period applies during a certain number of weeks prior the parent going on leave where the firm either implements or the working parent requests to have their billable-hour expectation reduced by a certain percentage, but there would be no reduction in the attorneys’ base compensation during that time. For example, one firm’s policy that we found, articulated the following ramp up/down policy:

• Ramp Down:
  • Applies to 4-week period immediately prior to leave
  • Attorneys may request to have their billable hour expectation reduced by 30% during that time period with no reduction in the attorneys' base compensation during that time.
• Ramp Up:
  • Attorneys may take up to 3 months for this period when returning from leave
  • Goal is to assist attorney in ramping back up to their regular billable-hours expectation, to ease and balance work and home life:
  • Ramp Up Monthly Reductions in Billable-Hours Expectation:
    • Month one: 30% reduction
    • Month two: 20% reduction
    • Month three: 10% reduction
  • No reduction in the attorney’s base compensation during this period.

Another way of thinking about this is that the firm could “de-escalate” billable hour requirements prior to and coming back from parental leave to ensure success for that employee as they adjust to their new life circumstances. While we do not have studies to present at this time, we have received feedback and read success stories of how having such policies and/or programs have a significant positive impact on the overall well-being of firms with working parents, hopefully decrease burn out and increase employee satisfaction and, in return, increase retention.

Closing

The goal of this article is not to convince any firm to change the way it operates but rather to continue discussion of these important topics. We are all better served through industry-wide collaboration. We encourage you to reach out to colleagues in your firm and across the industry about these topics.

Megan Sterchi Lammert is a mother of two (soon to be three!) and a Member of Baker Sterchi Cowden & Rice in Kansas City, Missouri. She focuses on defending personal injury, premises liability and product liability matters.

Clinton Turley is a father of three and a Partner at McCausland Barrett & Bartalos P.C. in St. Louis, Missouri. He focuses on defending personal and commercial motor vehicle, premises liability and first and third-party insurance cases.

Ron Austin

DRI member Ron Austin, a principal at the Chicago-based law firm, Grant Austin, LLC, successfully represented a hospital by obtaining a dismissal of a claim that the hospital violated the federal Emergency Medical Treatment and Active Labor Act (“EMTALA”). The dismissal was affirmed on appeal.

In January 2018, the plaintiff was arrested for arson. While in jail, the plaintiff was transferred to the psychiatric unit, where a nurse practitioner recommended an involuntary admission to the hospital. At the hospital, an emergency physician examined the plaintiff. The physician noted that the plaintiff was calm and cooperative during the visit and reported no physical or mental problems. After completing the examination and finding no emergency condition, the physician discharged the plaintiff. Several days after the hospital visit, the plaintiff got into a physical altercation with a neighbor, which resulted in the plaintiff being arrested for battery. While in jail on the battery charge, the plaintiff filed three lawsuits against various defendants, including the hospital. Each lawsuit was dismissed.

In 2023, the plaintiff filed his EMTALA lawsuit, alleging that the hospital failed to adequately examine him and that it should have involuntarily admitted him in 2018. The hospital moved to dismiss the complaint because the EMTALA claims were filed after the two-year statute of limitations. The plaintiff, through counsel, argued that equitable tolling applied because he diligently pursued his claims and extraordinary circumstances prevented him from timely filing the EMTALA action. The hospital argued that the plaintiff did not diligently pursue the EMTALA claims and plaintiff’s three lawsuits filed while he was in jail showed that his incarceration and mental condition were not extraordinary circumstances that prevented him from timely filing an EMTALA claim. The US District Court agreed with the hospital and dismissed the complaint, with prejudice. On July 2, 2024, the Seventh Circuit Court of Appeals affirmed the dismissal.

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Laura DeMartini Eschleman

Laura DeMartini Eschleman, managing partner of DeMartini Firm, PC, as lead counsel, along with her associate Shawn H. Choi, both formerly of the law firm Nall & Miller, LLP, secured a defense verdict in Bibb County, Georgia for a hospitalist in June 2023, while the jury issued a $40 million verdict against the doctor’s co-defendants. Defense counsel for the hospitalist stated that the jury understood their case theme – justice for the family, and fairness for their doctor.

After three weeks of trial and two hours of deliberation, the jury returned a $40 million verdict against the first two hospitals and attributed zero negligence to Ms. DeMartini Eschleman’s hospitalist client, an independent contract who admitted the patient while working as a locum tenens doctor overnight.

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Jerry Popovich and Nicole Ortiz

Hawkins Parnell & Young achieved a favorable verdict for a large distributor of food products after a high-risk 15-day trial in the Superior Court of California for Los Angeles County. Jerry Popovich and Nicole Ortiz of Hawkins Parnell's Orange County office tried the case.

The plaintiff sought nearly $11 million in damages from catastrophic injuries after an accident involving the defendant's 18-wheeler. The extensive injuries alleged included neck, upper back, and lumbar spine injuries, with the most severe being a three-level fusion surgery performed two years post-accident, with ongoing treatment expected over the plaintiff's lifetime.

The jury returned a verdict awarding only $337,000. Since the amount is less than the settlement offers made prior to trial, Hawkins Parnell's client will be able to recover substantial costs and expert fees, further reducing the plaintiff's recovery.

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Tracy Kolb

Meagher + Geer Partner Tracy Kolb recently obtained a defense verdict on behalf of a hospital client in a medical malpractice lawsuit filed in Burleigh County, North Dakota. Plaintiff parents alleged their infant sustained burns from heat from a radiant warmer that was used by an operating room team during a surgery. The defense countered that warming devices are the standard of care to keep an infant warm during surgery. Further, they are not capable of burning a patient. The jury returned a verdict in favor of the hospital, rejecting the obscurity of plaintiffs’ theory, along with their attempt to influence the jury with sympathy and emotion rather than evidence.

Eduardo Bruera has joined Baker Donelson as Of Counsel located in Washington, D.C. With much experience in a wide range of commercial and constitutional litigation, he has litigated cases before the U.S. Supreme Court, federal courts of appeal, federal district courts, and state supreme courts. Eduardo is a new member of DRI as of July 2024.

Dessi Day has joined Pierson Ferdinand LLP a Partner located in Los Angeles and Palo Alto, CA. Representing businesses of all sizes, she represents employers in a wide range of employment law disputes, such as wrongful termination, discrimination, harassment, retaliation, trade secret litigation, HR policy compliance, leaves of absence, and much more. Dessi has been a DRI member since 2005 and currently serves on DRI’s Board of Directors.

Virginia “Ginny” Gambacurta has joined Swift Currie McGhee & Hiers LLP as a Partner located in Birmingham, AL.  Her practice primarily includes defending local, regional and national manufacturers, distributors, retailers, restaurants and hotels in premises liability, product liability and transportation cases. Ginny has been a DRI member since 2008.

Rachel L. Hampton has joined Benesch as a Senior Managing Associate located in Columbus, OH. She joined her firm’s Litigation Practice Group and practices appellate litigation, class action defense, and more. Rachel has been a DRI member since 2024.

Jason A. James has joined Burke Williams & Sorensen LLP as a Partner located in Orange County, CA. His specialty includes defending insurance companies in matters related to life, health and disability coverage, insurance bad faith, and ERISA. Jason has been a DRI member since 2012.

Kimberly A. Kamel has joined Paine Hamblen as Of Counsel located in Spokane, WA. She is a labor and employment attorney, providing employment advice, drafts contracts and handbooks, responds to EEOC and HRC charges, and litigates cases. Kim has been a DRI member since 2010.

Nicole Levesque celebrates one year at Ashcroft Law Firm as a Senior Associate located in Boston, MA. Her practice areas include corporate compliance and governance, health care, internal investigations, securities litigation and SEC enforcement defense, white collar defense, and more. Nicole has been a DRI member since 2023.

Taylor R. McKenney has joined Littler Mendelson as an Associate located in Minneapolis, MN. She focuses her law practice on employment counseling and litigation working with companies in industries such as healthcare, medical device, hospitality, transportation, and chemical manufacturing. Taylor has been a DRI member since 2021.

Leadership Updates 

During the month of July 2024, several State, Local, and National Defense Organizations hosted their Annual Meetings. DRI members assumed new officer roles at the conclusion of the following business meetings.   

• Defense Association of New York (DANY) elected Steven Dyki (DRI member since 2021) as President-Elect.
• Pennsylvania Defense Institute welcomed Daniel Twilla (DRI member since 2013) as President.

2024 Senior Living and Long-Term Care Litigation Seminar
September 18–20 | Chicago, Illinois

The premier senior living and long-term care litigation seminar in the country returns to Chicago on September 18-20! Join us at the Hyatt Regency, just steps from the Chicago River Walk, for an event tailored specifically for defense counsel, in-house counsel, claims professionals, and industry insiders. Gain access to unparalleled insights, CLE, and networking opportunities. The exceptional faculty includes a neurosurgeon, jury consultant, wound care nurse, an expert in electronic medical records (EMR), and "Pepper," a robot that assists with therapy and care in the skilled nursing facility/assisted living facility setting. Reconnect with clients and colleagues alike during counsel meetings, an afternoon of networking, or other exciting program events. We look forward to seeing you in the Windy City in September!

2024 Strictly Automotive Seminar
September 18–20 | Chicago, Illinois

Join us for a timely seminar focused on current issues affecting those who practice in the automotive space. Gain perspective from in-house counsel regarding their business and legal concerns. Increase your understanding of automotive safety regulations. Attain deeper knowledge from experienced trial counsel and experts about key litigation trends, plus best practices for defending various types of automotive claims.

2024 Cannabis Law Virtual Seminar
September 19 | Virtual

Join us virtually for the Cannabis Law Seminar, September 19 for an up-to-date overview of the proposed rescheduling of cannabis from schedule I to schedule III, including a discussion of the rescheduling process, how it will change the cannabis market, and how it will impact the FDA’s regulation of cannabis companies and their products that use delta-9-THC, delta-8-THC, THCA, CBD, and synthetic cannabinoids.

2024 DRI Annual Meeting
October 16–18 | Seattle, Washington

Meet us in the Emerald City: where relationships build business. Join hundreds of civil defense attorneys and in-house counsel from across the country to build your book of business, enjoy networking events, reach your professional goals with cutting-edge education, and more! Hear from keynote speakers including two-time NBA champion and former U.S. Senator, Bill Bradley and popular public television host, best-selling author, and activist, Rick Steves. Register online through September 9 and save up to $700!

2024 Asbestos Medicine Seminar
November 6–8 | Las Vegas, Nevada

This year’s seminar in fabulous Las Vegas will bring together a superb lineup of medical and scientific experts, top-tier litigators, and timely topics. Plus, enjoy unforgettable events designed to promote insightful discussions and meaningful networking opportunities. Take advantage of Early Bird Registration starting August 9 through September 23 and save $300!

2024 Appellate Advocacy Seminar
November 6–8 | Las Vegas, Nevada

Join us in fabulous Las Vegas for a program that will benefit all attorneys involved in appeals. Sessions will include discussions on building an appellate practice, practical advice for presenting a persuasive appellate brief, and insights into judicial decision-making. Experienced appellate advocates from across the country, along with federal and state court judges, serve as speakers. Additionally, the committee collaborates with the Asbestos Medicine Committee for joint sessions on product liability and failure to warn, as well as the diversity initiative. Receptions and networking opportunities with other appellate attorneys and conference attendees are also part of the event. Take advantage of Early Bird Registration starting August 9 through September 23 and save $300!

Mind Over Matters: Prioritizing Mental Health in Law
August 21 | 11 a.m. CDT

Attorneys are human, and mental health does not discriminate by profession. Lawyers are not immune from encountering problems in their personal lives simply because stress is an expected part of the profession. It is almost inevitable that attorneys practicing law will face a mental health challenge at some point in their career, be it large or small, professional or personal. But what happens when mental health clashes with a demanding professional career? Could it be malpractice not to seek treatment? Join us for a session no attorney can afford to miss. Spend an hour putting your mental health first and reap the rewards personally and professionally. Exclusive DRI Member Benefits: Free Registration; $150 for non-members.

Succession Planning: Protecting Your Firm and Your Clients’ Interest in Times of Transition
September 12 | 12 p.m. CDT

Very few law firms in America have succession plans in place to allow them to keep client relationships when a lawyer retires, leaves the firm, or dies. Lack of planning can be disastrous for the firm and for the client. This presentation will identify key obstacles to succession planning and will offer wide-ranging ideas on how firms can protect themselves and their clients when a transition occurs. Exclusive DRI Member Benefits: Free Registration; $150 for non-members.

A Young Lawyer's Guide to Preparing Corporate Witnesses and Telling a “Company Story”
September 25 | 11 a.m. CDT

This program will provide attendees with all prior case materials, along with some specifics on a corporate witness to “prepare” for testimony. After the lecture, attendees will have the opportunity to discuss corporate witness preparation in small breakout groups. The registration is $75 for DRI members and $100 for non-members.
*Save 25% when you purchase the "A Young Lawyer's Guide to Handling A Case" series. Learn more about the bundle.

A Young Lawyer's Guide to Arbitration
November 20 | 11 a.m. CDT

This program will provide attendees with the prior case materials, along with select rules from CPR, AAA and other arbitration processes. The program will provide a discussion on what makes arbitration different from trial, and how young lawyers in particular can have an expanded role in Arbitration (per the rules, themselves). After the lecture, attendees will have the opportunity to discuss what it’s like taking an arbitration from start to finish and ask questions of fellow young lawyers who have done so. The registration is $75 for DRI members and $100 for non-members.
*Save 25% when you purchase the "A Young Lawyer's Guide to Handling A Case" series. Learn more about the bundle.