The Voice^TM

Over the course of DRI’s two-year partnership with Blessings in a Backpack, the DRI Foundation has committed to supporting 10 packing events a year, providing weekend meals to thousands of children in need. These events are being hosted during key DRI events, including the Annual Meeting and several seminars.

DRI believes that, through this partnership, it can make a meaningful difference in the lives of children facing food insecurity and contribute positively to the communities we serve. Together with Blessings in a Backpack, DRI is committed to ensuring a brighter, more nourished future for America's youth.

Please join us at the DRI Annual Meeting in Seattle and help fill 1,000 bags of food for children in the Seattle area.

The DRI Foundation is committed to giving back to DRI members, their communities, and the cities that host DRI events. Proceeds raised by the DRI Foundation go directly toward funding and fostering initiatives that make a difference, including diversity programs, healthy living programs, and more.

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

To qualify for the 2024 Summer Associates/Judicial Interns Free Membership Program, Summer Associates and Judicial Interns must:

• Been a 2024 Summer Associate/Judicial Intern of a current DRI member.

• Not a current member of DRI.

• Currently registered as a full time or evening student pursuing a J.D. degree.

• Submit a Summer Associate /Judicial Intern Free Membership Program online membership application before August 31, 2024.

If your firm has Summer Associates or Judicial Interns this year, show them your appreciation with a FREE Law Student membership!

The Foundation is asking SLDOs/NDOs to hold a service project of their choice, irrespective of size or scope, anytime during the month of September—and then let us know about it! Participation will give SLDOs/NDOs the chance to give back to the community; strengthen relationships with DRI members and SLDOs/NDOs across the nation; assist in membership development; and generate positive publicity. It’s as simple as that—hold a service project in September and share it with us. All you need to do now is plan your activity!

To get started, just complete this short form with the name of your organization, your service project details and date, and the contact person for your organization. DRI will follow up with you in October to request a short article and picture of your service project, which may be publicized in DRI’s publications and on social media.

We welcome you to be a part of the International Day of Service!

The DRI Foundation is committed to giving back to DRI members, their communities, and the cities that host DRI events. Proceeds raised by the DRI Foundation go directly toward funding and fostering initiatives that make a difference, including diversity programs, healthy living programs, and more.

The congressional act at issue in Loper involved the Magnuson-Stevens Fishery Conservation and Management Act. Under that act the National Marine Fisheries Service (NMFS) administers certain “management plans” that specify annual catch limits and other requirements for commercial fishery operations. At issue in the case was a regulation that required domestic vessels to carry observers on board for the purpose of collecting data necessary for fish conservation and other regulation of the industry. In 2020, the NMFS promulgated a rule requiring fishermen to pay for the observers under certain circumstances, potentially reducing annual returns to the vessel owner by up to 20 percent. Fishery owners challenged the regulation in two cases, one in the D.C. Circuit and one in the First Circuit. Both courts of appeal upheld the regulation by applying the Chevron doctrine.

The Supreme Court granted certiorari limited to the question of whether Chevron should be overruled or clarified. The DRI Center for Law and Public Policy submitted an amicus brief in support of the petitioners suggesting a possible alternative to overruling, namely, that the case be evaluated and resolved under the so-called "major questions doctrine," a modified version of Chevron. That doctrine, which the Supreme Court employed in West Virginia v. Environmental Protection Agency, 142 S.Ct. 2587 (2022), and in many other cases, bars or limits administrative actions that assert “highly consequential power beyond what Congress could reasonably be understood to have granted.”

Although recognizing that various limitations have been placed on the Chevron doctrine over the years, the Court nonetheless decided to overrule Chevron in its entirety. It did so primarily by relying on its interpretation of the Administrative Procedure Act, which was enacted in 1946. The APA, according to the Court, requires that courts, and not administrative agencies, decide questions of law without deference to an agency interpretation. Chevron, moreover, wrote the Court, could not be reconciled with the APA by presuming that statutory ambiguities were to be regarded as “implicit delegations to agencies.”

Going forward, courts may no longer defer to an agency "simply because a statute is ambiguous." Still, certain forms of deference are possible. The Court commented, for example, that factfinding by an agency continues to carry weight. An agency’s determination may also “help inform” a court’s decision-making ability. And, of course, a court "must respect the delegation” of authority to an agency by Congress, while at the same time “ensuring that the agency acts within it." Courts must nonetheless "exercise their independent judgment in deciding whether an agency has acted within its statutory authority."

The Center’s brief was authored by DRI members Melinda Kollross and Don Sampen, both of Clausen Miller PC in Chicago. Ms. Kollross is a member of the Center for Law and Public Policy’s Amicus Committee.

The issue before the Supreme Court concerns subject-matter jurisdiction, and specifically: 1) whether, following a post-removal amendment to the complaint to eliminate the federal questions, a district court may continue to exercise supplemental jurisdiction over the remaining state law claims, and 2) whether, following the post-removal amendment, the district court maintains federal question subject-matter jurisdiction. The Eighth Circuit answered both questions in the negative, holding that the amendment destroys subject-matter jurisdiction and eliminates the possibility to exercise supplemental jurisdiction.

The issue presented is important to DRI and its membership because DRI members represent clients who routinely exercise their statutory right of removal under 28 U.S.C. § 1441. DRI’s interest further stems from its members’ need to protect their clients and to ensure that the right of access to federal courts provided by Congress is not subverted, thereby disrupting the orderly flow of litigation and wasting the time and resources of the judiciary and defendants. Petitioners’ position, which DRI supports, is that a post-removal amendment does not preclude a district court from continuing to exercise supplemental jurisdiction and does not defeat federal question subject-matter jurisdiction. This position is supported by several opinions of the U.S. Supreme Court, including Carnegie–Mellon Univ. v. Cohill, 484 U.S. 343 (1988) and Rockwell Int'l Corp. v. United States, 549 U.S. 457 (2007). In Cohill, the Supreme Court confirmed that a district court retains discretion to exercise supplemental jurisdiction. Cohill, 484 U.S. at 357. And in Rockwell, the Supreme Court explained that “when a defendant removes a case to federal court based on the presence of a federal claim, an amendment eliminating the original basis for federal jurisdiction generally does not defeat jurisdiction.” Rockwell, 549 U.S. at 474.

If the Eighth Circuit’s decision is allowed to stand, it will have far-reaching ramifications for DRI members and their clients, negatively affecting those defendants’ ability to exercise their right to litigate major cases in federal court. Defendants will incur the brunt of tactical gamesmanship and forum-shopping at the whim of plaintiffs who maintain the assurance of a reliable escape hatch back to state court even after a defendant exercises the statutory right of removal. The Eighth Circuit’s decision not only runs roughshod over defendants’ statutory right of removal, but condones manipulative tactics, undermines trust in the court system, and destabilizes litigation across the country. This jockeying back and forth from state court to federal court and back to state court forces DRI members and their clients to expend significantly more time and resources litigating matters and places an unnecessary strain on the state and federal judiciaries.

In support of petitioners’ position, the Center argued that the Supreme Court should reverse the Eighth Circuit’s decision because it defies several opinions of the U.S. Supreme Court as well as precedent from every other circuit across the country. The Center explained that the opinion turns a blind eye to the discretion afforded to district courts under the supplemental jurisdiction statute, ignores principles of stare decisis, and subverts a defendant’s statutory right of removal.

Read the Full Amicus Briefs

The Center’s amicus brief was written by Mary Massaron, a former DRI president, of Plunkett Cooney in Bloomfield Hills, Michigan, and Briana Combs, an appellate associate with the firm, who is active in the DRI Young Lawyers Committee, serving as the liaison to the DRI Appellate Advocacy Committee.

To increase diversity in the legal profession in a constructive and tangible way, DRI awards three law student scholarships annually – one for $10,000 and two for $5,000. The goal of the scholarship is to provide financial assistance to three worthy law students from ABA accredited law schools to promote the DRI Diversity Statement in Principle.

Recipients of the scholarship were announced at the DRI Diversity for Success Seminar.

Social Inflation Task Force

DRI member Emily Motto Bottorf is now a member of the Social Inflation Task Force. 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.

Third-Party Litigation Task Force

New to the Center’s Third-Party Litigation Task Force is Phil Goldberg, managing partner of Shook Hardy & Bacon LLP in Washington, D.C., and co-chair of its Public Policy Practice Group. With more than 25 years of experience with high stakes and high-profile liability-related public policy, public affairs, and public relations issues, he has become a leading voice for common sense liability policies. His practice involves counseling businesses and their trade associations on some of the most cutting-edge liability issues of the day.

To learn more about the Center and its recent initiatives and accomplishments, read the latest issue of the Center’s quarterly newsletter.

Civil justice and the rule of law have been under persistent and increasing pressure that tilts the judicial playing field to the benefit of the plaintiffs’ bar and its litigation funders and to the detriment of the civil defense bar and society at large. Your DRI membership supports the work of the Center! Please spread the word about DRI and share this update with your colleagues in the civil defense space.

We are asking each SLC to help raise funds to support NFJE. As we did last year, each SLC will be placed into one of three groups (organized by size) who will compete against each other to see who can raise the most funds. The winning SLC from each group will be recognized at the Leadership Conference, receive a congratulatory ad in the For The Defense publication, and get a committee surprise valued at $1,000.

Last year’s winners were Insurance Law, Construction Law, and Life, Health and Disability. When asked why the Construction Law Committee supports the National Foundation for Judicial Excellence, Danielle Waltz (Jackson Kelly PLLC), the Immediate Past Chair of the DRI Construction Committee and DRI Board Member, stated, “it’s to provide education, meaningful education, and to provide a fair and impartial civil justice system.” 

To participate in the SLC Challenge, committee members can use the QR code below or click this donation link. Participants should follow the prompts to complete making their contribution to the DRI Foundation on behalf of their committee. Each committee will have a SLC Challenge option in the dropdown menu. Donate by July 31 to help your committee win the SLC Challenge!

Group 3

• Alternative Dispute Resolution
• Aviation Law
• DRI International™
• Fidelity and Surety
• Intellectual Property Litigation
• Internal Investigations, Regulatory, and Enforcement Litigation
• Law Practice Management
• Life, Health, and Disability
• Retail and Hospitality
• Workers’ Compensation

During the month of June 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.

Alabama Defense Lawyers Association selected Bains Fleming (DRI member since 2007) as President-Elect and Mark Debro (DRI member since 2009) as Secretary-Treasurer.

Georgia Defense Lawyers Association elected William T. Casey, Jr. (DRI member since 2023) as President-Elect, Ashley Rice (DRI member since 2017) as President-Elect and Tracy O’Connell (DRI member since 2019) as Secretary.

Illinois Defense Counsel announced Denise Baker-Seal (DRI member since 2015), Renato Mark Cosimini (DRI member since 2008) as First Vice President, John F. Watson (DRI member since 2022) as Second Vice President and Donald Patrick Eckler (DRI member since 2022) as Secretary/Treasurer.

Maryland Defense Counsel, Inc. declared Amy E. Askew (DRI member since 2002) as President.

Massachusetts Defense Lawyers Association declared Kyle E. Bjornlund (DRI member since 2014) as President and Jennifer Creedon (DRI member since 2011) as President-Elect.

North Carolina Association of Defense Attorneys elected George Simpson, IV (DRI member since 2022) as President-Elect.

Defense Trial Counsel of West Virginia welcomed Mychal Schulz (DRI member since 2013) as President and Jeff Van Volkenburg (DRI member since 2012) as Treasurer.

Illinois Defense Counsel (IDC) celebrated its 60th anniversary in June. Congratulations IDC! During its Annual Awards Luncheon, IDC recognized outgoing President Tracy Stevenson, Law Office of Tracy Stevenson, P.C., with a DRI Exceptional Performance Citation. This citation recognizes Tracy for having supported and improved the standards of education of the defense bar and for having contributed to the improvement of the administration of justice in the public interest. DRI North Central Region Director Jim Hehner was on hand to present the citation.

2024 Boot Camp for New Life, Health, and Disability Lawyers
July 24–25 | Chicago, Illinois

The DRI Life, Health, and Disability Committee is once again sponsoring a program aimed at providing a basic understanding of the concepts applicable to life, health, and disability litigation. The program, which receives rave reviews each year it is held, will be taught by highly experienced attorneys who collectively have decades of experience litigating life, health, disability, and ERISA disputes throughout the United States. Even though the content is geared to lawyers who are new to the practice, lawyers of any age who wish to brush up on their skills are also encouraged to attend! Young lawyers in particular who want to meet colleagues practicing throughout the country will find this to be an excellent marketing opportunity.

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! Register online through August 5 and save up to $300!

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. Register online through August 5 and save up to $300!

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. DRI members can register now through August 8 and save up to $500 thanks to exclusive, limited-time Early Access Registration! Everyone else can take advantage of Early Bird Registration starting August 9 through September 23.

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. DRI members can register now through August 8 and save up to $500 thanks to exclusive, limited-time Early Access Registration! Everyone else can take advantage of Early Bird Registration starting August 9 through September 23.

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.

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.