The Voice^TM

Unbeknownst to me, I’d one day become one of the 61 million disabled Americans. One in four adults in the U.S. are living with a disability, In 2023, at 58, my health took a turn. A series of unexpected cancer-related diagnoses were added to my previously blank medical record in the next two years. I’d always thought I was in the driver’s seat of my life trajectory. But I begrudgingly handed over the keys to my conditions, as well as yet-to-be-understood breast cancer issues regarding my cerebellum. I applied for disability benefits, as I’d had to leave my job. But I scoffed, berating the notion in my mind for associating me with that word.

I lived in denial. The fear of what others would think of me if I came out as disabled prevented me from healing and moving forward. Three decades after the passage of the Americans With Disabilities Act (ADA), which effectively banned discrimination based on disability, people with disabilities still face significant barriers to equality—not because of their disability, but because of the stigma around it.

Being a lawyer brings many challenges, but being a lawyer in a wheelchair with vocal deficits is an entirely different ball game. When I was treating it, it was obvious that something wasn't right and that I would have to come clean with my colleagues and family.

People don’t often think of disabled lawyers or people of color or of LGBTQ+ people when they think of us. Instead, they think of white male wheelchair users because that is so often the way pop culture depicts disabled people. I’m not a heterosexual white male wheelchair user, so in pop culture, I don’t exist. That’s not okay, because it’s not reality. I exist; I am a real person behind these words, and I deserve to be seen.

Lawyers with disabilities still grapple with a long history of being ignored, hidden and judged as deficient, even as many now claim the identity of “disabled.” The ADA remains crucial because more than 1 in 4 Americans live with a disability, with the highest rates among older people and Native Americans, according to the Centers for Disease Control and Prevention.

As a disabled lawyer, there are many ways to effectively manage the symptoms of cancer that would allow for a healthy, happy, and fulfilling life. It may mean fitting cancer treatments into the work and vacation schedule. It will mean making treatment part of everyday life–treatments that l may be getting for the rest of my life.

Key Closing Points

1. Disability is not only a difference, like gender or race.
2. Being disabled is neither good nor bad, it’s just part of who you are.
3. Problems can come from the disabled person trying to function in an inaccessible society.
4. What will make the problems and issues that people with disabilities have better is a change in society (like making things accessible for everyone).
5. That change can come from the person with a disability, an advocate, or anyone who wants people with disabilities to be included equally in society.

The most important—and hardest—lesson I’ve learned is that with debilitating, persistent conditions, there is no going back.

Hope for the Future

Learning to live and work well with a disability does not mean resigning yourself to it. I’m able to do more each year, even though I sometimes have short setbacks. I change medications. I try new therapies. I manage my illnesses as they are now, but I haven’t given up hope for a cure, and am always striving to find ways to make my life and work environment even better. I can’t control what my illnesses do, but I can control how I handle them. And that makes life, career and work a little brighter.

Pamela W. Carter is an attorney with GenCo Legal, a division of Quintairos Prieto Wood & Boyer. With over 25 years of experience, Ms. Carter represents clients in a wide variety of areas in state and federal courts in Louisiana and Texas and in arbitration, appeals and mediation. Her practice is emphasized in complex litigation, insurance claims for corporate clients, employment disputes, commercial litigation and other matters including mold, toxic exposure (asbestos), premises liability, and coverage claims.

This February, the DRI Foundation embraces two timely themes: the spirit of giving back and celebrating the rich tapestry of diversity within our communities. First, Black History Month provides us an opportunity to reflect on minority wellness and the importance of fostering inclusive environments. Through initiatives led by DRI Cares and DRI for Life, the Foundation champions programs that uplift and empower individuals from all walks of life. From mentoring programs designed to cultivate diverse leadership to wellness activities that prioritize physical and mental health, the Foundation is building a legacy of care and inclusivity. DRI for Life encourages members to prioritize wellness, offering resources and support to help legal professionals lead balanced and fulfilling lives. For more information and tools to support your well-being, visit our resource center. From free member webinars on attorney wellness to a regularly updated Substance Abuse and Mental Health Resource Center, DRI for Life is here to support you inside and outside the office.

Next, Valentine's Day reminds us of the power of love and generosity. By giving back, we create ripples of positive change that extend far beyond ourselves. The DRI Foundation channels this ethos through its hands-on approach to community engagement. Through DRI Cares, members volunteer and fundraise to address local needs, whether that’s organizing food drives, supporting shelters, or fundraising for education initiatives. Did you know that in 2024, the DRI community provided 22,000 meals to school-aged children across America through DRI’s partnership with Blessings in a Backpack? That is an incredible achievement—and it wouldn’t have been possible without the unwavering support of DRI members and their contributions to the Foundation. Every donation fuels tangible change, allowing us to fund scholarships, support diversity programs, and promote wellness initiatives that directly impact our legal community and beyond.

This February, let’s challenge ourselves to amplify our commitment to giving back. Whether by volunteering, donating, or participating in wellness activities, each act of service reflects our shared dedication to improving lives. Together, we embody the best of DRI: a community that cares, serves, and thrives.

Thank you for your continued support of the DRI Foundation. Together, we’re not just practicing law—we’re making an impact.

Catherine Ava Leatherwood of Rogers Townsend is the Chair of DRI Cares.

TPLF Update: Rules Hearing Scheduled for April 1

On April 1, the Advisory Committee on Federal Civil Rules will hold a meeting that will include a report from their subcommittee studying possible amendments to address disclosure issues surrounding third-party litigation funders. Interested observers may register for this April 1 meeting before March 25 and attend remotely, without participation rights. Members of the Center’s Third-Party Litigation Funding Task Force, chaired by David Levitt (Hinshaw & Culbertson LLP), along with members of the Center’s Federal Rules Task Force, chaired by Bruce Cranner (Milling Benson Woodward LLP) are following this issue and will be monitoring this meeting.

Before each Advisory Committee meeting, a notebook is prepared for the committee and is available online at least ten days before the hearing. If you are interested in seeing the materials addressing the TPLF issues in that book you can find it in the committee’s agenda book, when published. Many of the materials from prior consideration of TPLF issues by the Advisory Committee are available starting on page 417 of the Advisory Committee on Civil Rules October 2024 Agenda Book.

Last year, separate proposals to address disclosure of TPLF in the federal civil rules were made to the Advisory Committee by Senators Cornyn and Tillis, Congressmen Issa, Cline and Fitzgerald, Lawyers for Civil Justice and the U.S. Chamber of Commerce Institute for Legal Reform, 124 Companies, and Safety National Casualty Corporation.

The Center’s 2018 white paper on third-party litigation funding, authored by Levitt and Francis “Rasch” Brown (McGlinchy Stafford PLLC), was one of the first major papers to discuss the need for transparency and adequate disclosure when third parties are funding the prosecution of civil suits.

The Center’s Third-Party Litigation Funding Task Force, along with the Center’s Federal Rules Task Force will be playing an active role in the effort to have both federal and state courts take appropriate steps to require transparency and necessary disclosures when third parties are funding and/or playing a controlling role managing cases in court.

Center Files Comment, Testifies on Proposed Amendments to FRAP 29

On January 13, 2025, the Center filed a comment with the Committee on Rules of Practice and Procedure to address proposed amendments to Federal Rule of Appellate Procedure 29. The Center’s comment, which was written by Lisa Baird (Reed Smith LLP), (1) urged rejection of the proposed amendment that would eliminate the ability of nongovernmental amici curiae to file briefs on consent of the parties and replace it with a requirement that the filing of all nongovernmental amicus briefs require court permission requirement in all instances; and (2) relayed concerns regarding the structure and practicality of the proposed amendments regarding disclosures in Rules 29(a)(3)–(4), 29(b), and 29(c).

On behalf of the Center, Baird, who serves as chair of the Center’s Amicus Committee, is scheduled to offer testimony during Advisory Committee on the Federal Appellate Rules’ February 14 hearing. Also scheduled to testify at the hearing are Larry Ebner (Capital Appellate Advocacy PLLC), who will appear on behalf of the Atlantic Legal Foundation, and Stephen Skardon, AVP, Insurance Council, for the American Property Casualty Insurance Association (APCIA). Ebner is the Center’s immediate past chair and current Advisory Council Liaison. APCIA is a member of the Center’s Advisory Council.

The Center also joined a 122-organization collation letter, organized by the U.S. Chamber of Commerce Institute for Legal Reform, to express opposition to the proposed amendments to FRAP 29.

Class Action Task Force News

Mike Pennington, Zac Madonia

On behalf the Center’s Class Actions Task Force, DRI members Michael R. Pennington, Thomas Richie, and Zac Madonia (Bradley Arant Boult Cummings LLP) recently published an article in For The Defense: “Lingering Circuit Splits Every Class Action Practitioner Should Have on the Radar.” Noting that—while the Supreme Court of the United States has shown less interest in tackling class action issues over the last couple of terms than did in the preceding few years—the article explains that this does not mean that important class action splits are not out there for astute defense lawyers to be litigating and preserving. It is anticipated that the Court’s attention is likely to return to class action issues that have divided the lower courts for years but remain unresolved.

The Class Action Task Force also announced a transition of leadership. The Center is pleased that Zac Madonia has accepted an appointment as task force chair, taking the reins from his firm partner, Mike Pennington. The Center and DRI are grateful for Pennington’s years of service!

Advocacy Update: NY Gov Vetoes Grieving Families Act for Third Time

The advocacy collaboration between the Center and the Defense Association of New York (DANY) was once again rewarded when, on December 23, 2024, New York Governor Kathy Hochul vetoed a bill, styled the Grieving Families Act, that was designed to amend the estates, powers, and trusts law, in relation to the payment and distribution of damages in wrongful death actions. Passage of the bill could have created drastic increases in litigation costs likely to lead to increased patient costs and malpractice insurance rates, which prompted DANY to submit a letter to express again its strong opposition. The Center in turn submitted its own letter to voice agreement with DANY’s well-stated objections. The Center’s letter was authored by Brooks Magratten (Pierce Atwood LLP), Chair of the Center’s Legislation and Rules Committee.

The veto of the proposed amendments to NY’s wrongful death statute represents a significant victory for DRI and DANY.

New Appointments

The Center for Law and Public Policy continues to grow and is pleased to announce the appointment of four DRI members to two of its task forces.

Jim Craven, Matt Hindley

Newly appointed to the Center’s State Legislation and Rules Task Force are Jim Craven and Matt Hindley who will represent Connecticut and Delaware, respectively. Jim, Counsel in Wiggin and Dana LLP’s New Haven office, is involved in all areas of the firm’s litigation practice. His practice includes representing clients in commercial disputes, product liability claims, complex personal injury matters, CUTPA, professional malpractice issues, tax appeals, and toxic torts. He also counsels numerous clients on risk mitigation, compliance, and business concerns. Jim previously served on the DRI Board of Directors as the Northeast Regional Director. Matt is a member of the Litigation and Insurance Practice Groups at Reger Rizzo Darnall LLP in Wilmington. He is admitted to practice in Delaware, Pennsylvania, New Jersey, and Maryland, and handles a diverse pool of clients in the Mid-Atlantic region. Matt regularly represents clients in Delaware’s state and federal courts, focusing on products and premises liability, commercial litigation, construction litigation, and casualty defense, and subrogation.

Jared Howell, Rebecca Fozo

Joining the Center’s Social Inflation Task Force are Jared Howell and Rebecca Fozo. Jared is a seasoned legal professional with Hamilton Weber LLC in Saint Charles, Missouri, with an impressive track record in the challenging fields of civil litigation and medical malpractice defense. His efficient and strategic approach to defending these cases is a hallmark of his practice. Rebecca is AVP / Senior Consultant Claims Judicial & Legislative Affairs with Zurich NA in Schaumburg, Illinois, where she focuses on tort reform, social inflation, and legislative issues. She has significant civil litigation experience handling toxic tort, municipal, and employment matters.

Baker Sterchi Cowden & Rice announced the opening of their new Portland, OR office in January 2025. This comes following a year of growth with the addition of their Seattle, WA office and new Members to the firm Jeanne Loftis (Oregon; DRI member since 2004), Heather F. Shore (Missouri; DRI member since 2013), Bob Christie (Washington; DRI member since 2013) and Megan M. Coluccio (Washington; DRI member since 2023). Additionally, Associates Justin Meyer (DRI member since 2024) and Hayley Hollis (DRI member since 2024) joined the new Portland office in January. Jeanne, Justin, Hayley, and Heather hold leadership positions at DRI and Baker Sterchi is a DRI Enterprise Member.

Kelly E. Brilleaux joined Barnes & Thornburg LLP in Dallas, TX as a Partner. As an experienced product liability litigator, she focuses on both individual and complex mass tort litigation. Kelly has been a DRI member since 2011.

Marie E. Chafe has been elected to Conn Kavanaugh’s Management Committee. She is Chair of the firm’s Products Liability practice and a leader at DRI, currently serving on DRI’s Board of Directors. Marie has been a DRI member since 1997 and Conn Kavanaugh is a DRI Enterprise Member.

Pamela R. Kaplan has been elected Partner at Tanenbaum Keale LLP located in Newark, NJ. Her primary practice areas include asbestos and environmental and toxic tort litigation. Pamela has been a DRI member since 2015.

Shelley Napolitano has been promoted to Managing Partner of Foley Mansfield’s New Orleans, LA office. Her legal practice includes asbestos and talc. Shelley has been a DRI member since 2014.

Cailin M. Ringelman joined Cantey Hanger LLP in Fort Worth, TX as a Partner. Her practice focuses on civil litigation with an emphasis on aviation litigation. Cailin has been a DRI member since 2021.

Vaughn Schultz joined ExxonMobil in Spring, TX as Senior Counsel – Litigation. He was most recently a Shareholder at Dickie, McCamey & Chilcote. Vaughn has been a DRI member since 2016.

2025 Product Liability Conference
February 19–21, 2025 | Miami, FL

Product liability is an ever-changing world. How can we continue to be good litigators, and at the same time keep our own heads and wits about us? Immerse yourself in the dynamic world of product liability in sunny Miami, where you’ll engage with judges, industry leaders, and top lawyers from across the nation. Uncover strategies to stay composed under pressure, master the use of digital evidence and litigation technology, and effectively incorporate visuals in trials. Plus, find opportunities to explore the psychology behind successful mediations, understand and address social inflation, and keep up with the latest regulatory changes. Don’t miss DRI’s great opportunity to expand your network and enhance your expertise. Save up to $500 when you register by February 18!

2025 Civil Rights and Governmental Tort Liability Seminar
February 26–28, 2025 | San Antonio, TX

This seminar marks the 38^th of its kind, providing you with invaluable information and tools to represent your governmental clients. This year’s faculty includes preeminent insurance professionals, a renowned Supreme Court advocate, a well-respected Plaintiff’s attorney, a qualified immunity scholar, and prison experts from across the United States. Attendees will experience an assortment of topics, including handling prison medical claims, cannabis use and employment issues for public entities, Title IX updates, dealing with pro se litigants, how to handle 30(b)(6) depositions in the context of wrongful conviction cases, and considerably more to support a client’s success! Throughout the program you will have an abundance of opportunities to network, exchange ideas, and gain winning strategies from experienced litigators and insurance professionals. We look forward to you joining DRI in San Antonio, Texas for our annual, premier Civil Rights and Governmental Tort Liability Seminar. Save up to $500 when you register by February 25!

2025 Women in the Law Seminar
February 26–28, 2025 | San Antonio, TX

As women in the legal field, we have spent an inordinate amount of time and energy trying to fit into a profession that was not historically built for us. What if, instead, we focused our time and energy on the things we value and that make us valuable to our profession? DRI’s Women in the Law Seminar hopes to achieve just that with programming and networking events focused on issues and topics meant to explore women’s unique strengths and challenges, celebrating all of our victories and defeats, and leaning into our true selves to ultimately find the joy and strength in our authenticity instead of trying to fit the outdated mold originally created by and for men. Save up to $500 when you register by February 25!

2025 Insurance Roundtable
March 11–12, 2025 | Chicago, IL

Secure your Golden Ticket to this premier and exclusive opportunity to network and brainstorm with leaders of the insurance industry and defense bar. This program is designed to pair industry representatives with outside counsel on a one-to-one basis, allowing for maximum networking opportunities for all parties involved. Discuss and debate important and significant challenges facing the industry and forge synergistic relationships with your peers. This registration is for Defense Counsel only and seating is limited. For insurance executives and insurance company in-house counsel: this program is FREE.

2025 Insurance Coverage and Claims Institute
March 12–14, 2025 | Chicago, IL

Join us this March in Chicago at DRI’s flagship seminar for insurance executives, claim professionals, and outside counsel. The 2025 Insurance Coverage and Claims Institute will encompass a variety of sessions to make sure you are well informed on the new latest industry developments, strategies, and sweeping trends in insurance coverage. The seminar will also provide multiple opportunities to network and build lasting relationships. We look forward to welcoming you to The Windy City! Save up to $500 when you register by March 11!

2025 Construction Law Seminar
March 17–19, 2025 | Philadelphia, PA

Crawled Excavator - machine digging, Navigating the ever-evolving litigation landscape is a thrilling challenge for both new attorneys and seasoned veterans. As technology advances and construction practices improve nationwide, fresh obstacles arise for insurance companies, lawyers, and clients alike. But don't worry, the DRI Construction Law Committee has your back! Join us as we dive into innovative strategies and share invaluable insights to propel the defense construction practice into 2025. Together, we'll tackle these challenges head-on and chart a course for a successful future. Let's embrace the future of construction law and make strides together! Save up to $700 when you register by February 14!

2025 Litigation Skills Seminar
March 17–19, 2025 | Philadelphia, PA

Scale of justice - gold scale jury verdicts are rising nationwide due to economic factors and tactics employed by the plaintiff bar, which include narrative-style storytelling and specific damage claims that encourage speculative damages, leaving the defense bar playing catchup. If you encounter these issues and want tools to fight back, join us in Philadelphia for a hands-on seminar. The first day features a live mock trial with impartial jurors, where defense lawyers will present a case involving nebulous injuries from a clear liability collision to secure a nuclear verdict. You’ll learn trial tactics, strategies, and pitfalls from both sides, watch the jury deliberate, and analyze their thought process. On Wednesday, there will be an open forum with jury consultant Nick Polavin to discuss the mock trial’s outcome and lessons learned. We will conclude the seminar by hearing from subject matter experts in the area of artificial intelligence and the role it has, and will continue to have, in litigation. Get ahead of your competition by learning how to use AI (and importantly, how to use it ethically), and how to identify and combat your opponents’ unethical or problematic use of this changing technology. Save up to $700 when you register by February 14!

2025 Medical Liability and Health Care Law Seminar
March 17–19, 2025 | Philadelphia, PA

Caduceus (staff of Hermes), medical symbol, Doctor's notes icon. Join us in Philadelphia to hear from vibrant speakers about medical topics such as neurology and pathology, as well as legal topics including witness preparation and the Medicare Secondary Payer Act. The program is designed to foster professional development and growth for the seasoned medical liability attorney and our budding associates. Each day of the seminar includes the opportunity to earn CLE and connect with attorneys from across the country. Save up to $700 when you register by February 14!

2025 Business and Intellectual Property Litigation Super Conference
March 26–28, 2025 | Atlanta, GA

With just 25 years having passed since the start of the millennium, the world has seen a century’s worth of unparalleled developments in technology; innovations in internet technologies, artificial intelligence, worldwide connectivity, and digital art are just a few of the many changes we’ve seen move at breakneck speeds. Businesses and their legal advisors must keep up, get left behind, or worse, fall victim to a host of new liabilities and pitfalls that were mere concepts a few short years ago. Join us in Atlanta to learn how you can not only guard against risks to your business and intellectual property but leverage these developments in your practice. Save up to $700 when you register by February 14!

2025 Toxic Torts and Environmental Law Seminar
March 26–28, 2025 | Atlanta, GA

The practice areas of toxic torts and environmental law are continuously evolving with new defense strategies, changing case law, and soaring jury verdicts. This year’s conference will be held in sunny Atlanta. Join us at the nation’s premier conference for toxic tort and environmental law practitioners to reconnect with colleagues and discover the latest strategies in the field. Register today for three days of education, business development opportunities, and more! Save up to $700 when you register by February 14!

2025 Life, Health, Disability and ERISA Seminar
April 9–11, 2025 | Denver, CO

Join us in the vibrant city of Denver for an unparalleled conference that brings together the brightest minds in the industry. Set against the stunning backdrop of the Rocky Mountains, this event offers a unique opportunity to network with top professionals, gain insights from thought leaders, and explore the latest trends shaping the Life, Health, Disability & ERISA landscape. Whether you are looking to sharpen your skills, expand your professional network, or stay ahead of the curve in your practice, this conference is designed to empower you with the knowledge and connections you need to succeed. Save up to $700 when you register by February 24!

2025 Employment and Labor Law Seminar
May 7–9, 2025 | Nashville, TN

Get ready to experience the vibrant energy of Music City at DRI’s 48^th annual Employment and Labor Law Seminar! This premier event is the ultimate gathering for top-tier management-side employment and labor attorneys, in-house counsel, human resources professionals, and employment practices liability insurance (EPLI) representatives from across the US and Canada. Immerse yourself in intensely practical sessions, complete with invaluable written materials, designed to benefit both seasoned practitioners and those new to the field. Don’t miss out on our dynamic networking events, perfectly situated near Nashville’s iconic Broadway Historic District. This is your chance to connect, learn, and grow with the best in the business. Join us for an unforgettable seminar that promises to elevate your expertise and expand your professional network! Save up to $700 when you register by March 24!

2025 Retail and Hospitality Litigation Seminar
May 15, 2025 | Chicago, IL

Join us for the 2025 DRI Retail and Hospitality Litigation Seminar in Chicago—a dynamic city known for its iconic architecture, rich cultural history, and vibrant food scene! The 2025 seminar offers valuable insights from leading experts on the latest legal challenges facing the retail and hospitality industries. This is an excellent opportunity for lawyers, retail and hospitality operators, vendors, claims professionals, and insurers to stay informed on the latest legal trends, developments, and strategies for effectively managing risk in their practices. Plus, experience the energy and innovation that Chicago has to offer! Save up to $400 when you register by May 14!

2025 Diversity for Success Seminar
June 11–13, 2025 | New Orleans, LA

The Diversity and Inclusion Committee invites you to its Annual Diversity for Success Seminar and Corporate Expo in New Orleans, Louisiana! With the theme, “Embracing Diversity, Equity, and Inclusion (DEI) in the New Normal,” this seminar is designed to address the recent scaling back of corporate DEI initiatives, the continuing evolution of diversity, equity, and inclusion within the legal profession and educational spaces, and how attendees can continue to promote diversity, equity, and inclusion in the current landscape. Attendees will also receive resources and tools to incorporate into their career and organization that will improve diversity, equity, and inclusion. Save up to $700 when you register by April 28!