RM7940_PROD LIABILITY DIR_Layout 1

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DIRECTORY OF
ATTORNEYS
2 0 1 4
®
5905 NW 54 TH C IRCLE • C ORAL S PRINGS , FL 33067
P HONE /FAX (800) 231-9110
www.uslaw.org
®
USLAW Product Liability Practice Group
MISSION STATEMENT
The USLAW Network Product Liability Practice Group is a nationwide network of experienced product attorneys committed to providing the highest quality legal services to effectively and efficiently achieve the goals of the clients we serve. We share a commitment
to integrity and professionalism and are dedicated to finding creative and cost-effective solutions to the full range of product liability
exposures so that the results we achieve exceed the expectations of our clients.
WHY CHOOSE USLAW PRODUCT LIABILITY FIRMS?
The lawyers within the Product Practice Group are product liability specialists and include leaders in our field who have lectured
and written extensively on cutting edge topics and litigation techniques. We provide a full range of litigation and counseling services related to the full spectrum of product liability issues, from
simple to complex and from traditional exposures to emerging
trends.
Our attorneys have successfully represented clients in thousands of
product liability matters across the country and throughout the
world. In addition to our vast experience with product liability trials and litigation, we advise our clients on matters relating to prelitigation planning, litigation management, liability exposure, risk
management, risk avoidance and risk transference. This can include working with clients on recall and/or retrofit campaigns,
warning labels, operator manuals, disclaimers, indemnity agreements and insurance coverage issues.
Utilizing the USLAW Product Liability Practice Group provides
clients with nationwide access to highly experienced product liability attorneys who share information and resources for the benefit of their clients. When you retain a USLAW Product Practice
Group attorney, you are assured the highest level of quality representation whatever, and wherever, your needs may be. Through
seminars, meetings and electronic networking, the members of
the Product Practice Group communicate with one another to stay
abreast of technological advances and changes of law in all areas
relating to product liability.
We are trial lawyers, not just litigators. Our attorneys are skilled at
early case evaluation and are dedicated to finding creative and
cost-effective solutions to complex issues and to look for alternative methods for dispute resolution when appropriate. We represent regionally, nationally and internationally based
manufacturers, distributors and retailers of all sizes. Clients from
around the world rely upon us to get the job done.
AREAS OF PRACTICE
Our lawyers defend products of every sort, from consumer goods and automobiles to industrial machinery and high tech medical devices and
everything in between. In addition, USLAW Product Liability Practice Group attorneys have represented clients in every major mass product liability and toxic tort litigation since the inception of Section 402A of the Restatement (Second) of Torts, including asbestos, silica, breast implant, Dalkon Shield, Pedicle Screw, Fen/Phen, Redux and latex glove litigation, to name a few. Products defended by our members include:
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Agricultural Equipment
Alcohol and Distilled Spirits
Aircraft (Private and Commercial)
Asbestos
Automobiles
Beverage Containers
Boats and Ships (Commercial and Pleasure)
Breast Implants
Building and Construction Equipment
Chemicals, Solvents and Plastics
Construction, Products, Vehicles and Equipment
Consumer Products, Appliances, Equipment and Goods
Cosmetics
Electrical Equipment and Devices
Electrical Wire and Cable
Firearms
Fire Sprinklers and Fire Protection Devices
Flooring Systems
Food Products
Furniture
Hand Tools
Herbicides and Pesticides
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Industrial Machinery
Ladders
Lawn Movers and Outdoor Power Equipment
Lifting Equipment
Locomotives and Locomotive Equipment
Medical Devices and Supplies
Mining Equipment
Motorcycles and Recreational Vehicles
Pharmaceuticals, Prescription Drugs and Over-the-Counter
Medications
Power Tools
Recreational Equipment
Respiratory Protective Equipment and Safety Devices
Roofing Systems
Scaffolding
Swimming Pools
Tanks and Containers
Tires
Toys and Children's Products
Tobacco Products
Trucks and Commercial Transportation
Windows
®
About USLAW
2001. The Start of
Something Better...
Mega-firms...big, impersonal bastions of
legal tradition, encumbered by bureaucracy
and often slow to react. The need for an alternative was obvious. A vision of a network
of smaller, regionally based, independent
firms with the capability to respond quickly,
efficiently and economically to client needs
from Atlantic City to Pacific Grove was born.
In its infancy, it was little more than a possibility, discussed around a small table and
dreamed about by a handful of visionaries.
But the idea proved too good to leave on the
drawing board. Instead, with the support of
some of the country's brightest legal minds,
USLAW NETWORK became a reality.
Fast-forward to today.
The commitment remains the same as originally envisioned. To provide the highest
quality legal representation and seamless
cross-jurisdictional service to major corporations, insurance carriers, and to both large
and small businesses alike, through a
network of professional, innovative law firms
dedicated to their client's legal success. Now
as a network with more than 6,000 attorneys
from nearly 100 defense-based law firms,
spanning the United States, Canada, Latin
America, Europe, Asia and Africa, USLAW
NETWORK remains a responsive, agile legal
alternative to the mega-firms.
Homefield Advantage.
USLAW NETWORK offers what it calls The
Homefield Advantage which comes from
knowing and understanding the venue in a
way that allows a competitive advantage – a
truism in both sports and business.
Jurisdictional awareness is a key ingredient
to successfully operating throughout the
United States and abroad. Knowing the local
rules, the judge, and the local business and
legal environment provides our firms’ clients
this advantage. The strength and power of
an international presence combined with
the understanding of a respected local firm
makes for a winning line-up.
A Legal Network Not for Its
Member Lawyers. Instead a Legal
Network for Purchasers of Legal
Services.
USLAW NETWORK firms go way beyond
providing quality legal services to their
clients. Unlike other legal networks, USLAW
is organized around client expectations, not
around the member law firms. Clients
receive ongoing educational opportunities,
online resources including webinars,
jurisdictional updates, and resource
libraries. We also provide a semi-annual
USLAW Magazine, webinars, compendiums of
law, as well as annual membership
directories and practice group directories.
To ensure our goals are the same as the
clients our member firms serve, our 45-member Client Leadership Council is directly involved in the development of our programs
and services. This communication pipeline is
vital to our success and allows us to better monitor and meet client needs and expectations.
USLAW Abroad.
Just as legal issues seldom follow state borders, they often extend beyond U.S. boundaries as well. In 2007, USLAW established a
relationship with the Trans-European Law
Firms Alliance (TELFA), a network of 25
independent law firms representing more
than 700 lawyers through Europe.
Subsequently, in 2010 we entered a similar
affiliation with the ALN (formerly the Africa
Legal Network) to further our service and
reach. Additional, USLAW member firms
are located throughout Canada, Latin
America, and Asia.
litigation and trial experience. In addition,
USLAW NETWORK members must
subscribe to a high level of service standards
and are continuously evaluated to ensure these
standards of quality and expertise are met.
USLAW in Review.
• All vetted firms with demonstrated, robust
practices and specialties
• Efficient use of legal budgets, providing
maximum return on legal services
investments
• Seamless, cross-jurisdictional service
• Responsive and flexible
• Multitude of educational opportunities
and online resources
• Team approach to legal services
The USLAW Success Story.
The reality of our success is simple: we
succeed because our firms' clients succeed.
Our member firms provide high-quality legal
results through the efficient use of legal
budgets. We provide cross-jurisdictional
services eliminating the time and expense of
securing adequate representation in
different regions. We provide trusted and
experienced specialists quickly.
When a difficult legal matter emerges –
whether it’s in a single jurisdiction, nationwide or internationally – USLAW is there.
Success.
For more information, please contact Roger
M. Yaffe, USLAW CEO, at (800) 231-9110 or
[email protected]
How is USLAW NETWORK
Membership Determined.
Firms are admitted to the Network by invitation only and only after they are fully vetted
through a rigorous review process. Many
firms have been reviewed over the years, but
only a small percentage were eventually
invited to join. The search for quality member firms is a continuous and ongoing effort.
Firms admitted must possess broad commercial legal capabilities and have substantial
®
About USLAW: Your Homefield Advantage
®
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TABLE of CONTENTS
ALABAMA
Carr Allison
Glenn E. Ireland ...............................................1
INDIANA
Bingham Greenebaum Doll LLP
Phil L. Isenbarger...........................................27
ALASKA
Richmond & Quinn
Kenneth M. Gutsch..........................................2
IOWA
Simmons Perrine Moyer Bergman PLC
Robert S. Hatala ............................................28
ARIZONA
Jones, Skelton & Hochuli, P.L.C.
Edward G. Hochuli ..........................................3
KENTUCKY
Melissa N. Bork ..............................................29
ARKANSAS
Quattlebaum, Grooms, Tull & Burrow PLLC
Steven W. Quattlebaum...................................4
John E. Tull III ..................................................5
Thomas G. Williams ........................................6
LOUISIANA
McCranie, Sistrunk, Anzelmo, Hardy,
McDaniel & Welch LLC
Keith W. McDaniel .........................................30
Lance B. Williams ..........................................31
CALIFORNIA
Dillingham & Murphy, LLP
Patrick J. Hagan ...............................................7
MAINE
Richardson, Whitman, Large & Badger
Wendell G. Large ............................................32
John S. Whitman ............................................33
Klinedinst PC
Kevin L. Gramling ...........................................8
Mark H.Nys.......................................................9
Ernest L. Weiss ...............................................10
Murchison & Cumming, LLP
William T. DelHagen......................................11
Gregory A. Sargenti........................................12
Friedrich W. Seitz ...........................................13
Robinson & Wood, Inc.
Arthur J. Casey ...............................................14
Snyder Law, LLP
Barry Clifford Snyder ....................................15
COLORADO
Lewis Roca Rothgerber LLP
Michael D. Plachy ..........................................16
CONNECTICUT
Hinckley, Allen & Snyder LLP
Michael T. McCormack .................................17
FLORIDA
Wicker Smith O’Hara McCoy & Ford P.A.
Richards H. Ford ............................................18
Steven Y. Leinicke...........................................19
Constantine “Dean” G. Nickas......................20
GEORGIA
Hall Booth Smith, P.C.
Kevin D. Abernethy........................................21
Robert L. Shannon, Jr. ...................................22
HAWAII
Goodsill Anderson Quinn & Stifel, LLP
Corlis J. Chang ...............................................23
ILLINOIS
SmithAmundsen LLC
Lew R.C. Bricker ............................................24
Michael J. McGowan......................................25
Christopher T. Miller .....................................26
MARYLAND
Franklin & Prokopik, PC
Ami C. Dwyer..................................................34
MINNESOTA
Larson • King, LLP
Mark A. Solheim.............................................35
Daniel C. Adams ............................................36
Anthony J. Novak ...........................................37
MISSISSIPPI
Carr Allison
Douglas Bagwell ............................................38
Copeland, Cook, Taylor & Bush, P.A.
Michael W. Baxter ..........................................39
MISSOURI
Lashly & Baer, P.C.
Stephen L. Beimdiek .....................................40
MONTANA
Davis, Hatley, Haffeman & Tighe, P.C.
Maxon R. Davis ..............................................41
NEBRASKA
Baird Holm LLP
Jill Robb Ackerman........................................42
Jennifer D. Tricker..........................................43
NEVADA
Thorndal Armstrong Delk
Balkenbush & Eisinger
Stephen C. Balkenbush.................................44
Kenneth R. Lund ............................................45
Brian K. Terry .................................................46
NEW HAMPSHIRE
Gallagher, Callahan & Gartrell
R. Matthew Cairns .........................................47
®
TABLE of CONTENTS
NEW MEXICO
Modrall Sperling
Jennifer G. Anderson .....................................48
Timothy C. Holm ...........................................49
Alex C. Walker.................................................50
NEW YORK
Ahmuty, Demers & McManus
Vincent S. Ambrosino ...................................51
Robert J. Hindman.........................................52
Goldberg Segalla LLP
Kenneth M. Alweis .........................................53
John P. Freedenberg.......................................54
Neil A. Goldberg .............................................55
NORTH CAROLINA
Poyner Spruill LLP
Randall R. Adams...........................................56
Steven B. Epstein ...........................................57
NORTH DAKOTA
Ebeltoft . Sickler . Lawyers PLLC
Paul F. Ebeltoft ...............................................58
OHIO
Roetzel & Andress
Susan Squire Box ...........................................59
Ronald B. Lee .................................................60
Moira H. Pietrowski.......................................61
OKLAHOMA
Pierce Couch Hendrickson Baysinger
& Green, L.L.P.
Gerald P. Green...............................................62
Daniel J. Hoehner ..........................................63
OREGON
Williams Kastner
Marc M. Carlton .............................................64
Eric J. Neiman ................................................65
George S. Pitcher ...........................................66
PENNSYLVANIA
Picadio Sneath Miller & Norton, P.C.
Henry M. Sneath ............................................67
Kelly A. Williams ............................................68
Pion, Nerone, Girman, Winslow & Smith, P.C.
Timothy Smith ...............................................69
Sweeney & Sheehan, P.C.
J. Michael Kunsch ..........................................70
Warren E. Voter ..............................................71
Thomas, Thomas & Hafer LLP
Gordon A. Einhorn ........................................72
SOUTH CAROLINA
Sweeny, Wingate & Barrow, P.A.
Mark S. Barrow...............................................73
SOUTH DAKOTA
Riter, Rogers, Wattier & Northrup, LLP
Robert C. Riter................................................74
TENNESSEE
Martin, Tate, Morrow & Marston, P.C.
Lee L. Piovarcy ...............................................75
Shea Sisk Wellford .........................................76
TEXAS
Cox Smith Matthews Incorporated
Jane E. Bockus................................................77
Fee, Smith, Sharp & Vitullo, L.L.P.
Thomas W. Fee ...............................................78
Michael P. Sharp.............................................79
Johnson, Trent, West & Taylor, L.L.P.
Brian P. Johnson.............................................80
T. Christopher Trent ......................................81
UTAH
Strong & Hanni, PC
Paul M. Belnap ...............................................82
Stephen J. Trayner .........................................83
VIRGINIA
LeClairRyan
Bruin S. Richardson III .................................84
Charles K. Seyfarth ........................................85
H. Robert Yates III..........................................86
WASHINGTON
Williams Kastner
Robert (Bob) C. Manlowe .............................87
Rodney L. Umberger .....................................88
WEST VIRGINIA
Huddleston Bolen LLP
Rodney Baker.................................................89
J. David Bolen.................................................90
Luke A. Lafferre..............................................91
WYOMING
Williams, Porter, Day & Neville PC
Jason A Neville ...............................................92
International
CANADA – BRITISH COLUMBIA
Clark Wilson LLP
Nigel Kent .......................................................93
CANADA – ONTARIO
Kelly Santini LLP
Mark Gallagher ..............................................94
CANADA – QUEBEC
Therrien Couture Lawyers L.L.P.
Philippe Chagnon..........................................95
Jean-Luc Couture...........................................96
CLIENT SERVICES & PRODUCTS:
USLAW SOLUTIONS.....................................97
USLAW CORPORATE PARTNERS.............100
Carr Allison
ALABAMA
Biography and Experience
Glenn E. Ireland is a founding shareholder with Carr Allison and is a resident of the firm’s Birmingham, Alabama office. Mr.
Ireland practices in all state and federal courts in Alabama with a focus on the areas of product liability and complex litigation.
Mr. Ireland is a member of the Alabama Defense Lawyers Association, Defense Research Institute and has been recognized by
his peers as a 2010 and 2011 Alabama Super Lawyer and an AV rated attorney. With over twenty years of experience, Mr. Ireland
has successfully defended international and national manufacturers, distributors and retailers in the industrial, commercial and
consumer goods industries. He has extensive experience defending pharmaceutical and nutraceutical cases in local and MultiDistrict Litigation. Mr. Ireland has also defended cases involving explosions and fire, catastrophic injuries and death claims.
Glenn E. Ireland
Carr Allison
100 Vestavia Parkway
Birmingham, AL 35216
(205) 822-2006 Office
(205) 822-2057 Fax
(205) 515-1041 Cell
[email protected]
www.carrallison.com
Representative Trials
• Riley v. Shop-A-Snak Food Mart, Inc., et al., U.S.D.C. for the Northern District of Alabama. Two-year-old child died in house
fire started by alleged defective cigarette lighter. The case was dismissed with prejudice after Mr. Ireland completed depositions of decedent’s family.
• Brown v. First Databank, Inc., et al., U.S.D.C. for the Northern District of Alabama. Wrongful Death case involving prescription medication dismissed via Rule 12(b).
• Madison v. AAA Cooper Transportation, et al., Circuit Court for Tuscaloosa County, Alabama. Defense verdict when
Plaintiff claimed leg injury caused by use of hydraulic lift on tractor-trailer.
Product Experience
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Automobiles
Consumer Products, Appliances,
Equipment and Goods
• Electrical Equipment and Devices
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Food Products
Hand Tools
Mining Equipment
• Pharmaceuticals, Prescription
Drugs and Over-the-Counter
Medications
• Power Tools
• Tires
• Toys and Children’s Products
Education
• 1990, J.D., Cumberland School of Law
• 1985, B.S., History, Presbyterian College
®
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Richmond & Quinn
ALASKA
Over the last 24 years, Kenneth M. Gutsch has worked on over 40 product liability cases. It comprises about 20% of his practice.
Mr. Gutsch has attended at least 10 product liability seminars. Bob Richmond and he successfully defended a chimney sweep
manufacturer from a product defect claim where the plaintiff was electrocuted and lost three limbs.
Kenneth M. Gutsch
Richmond & Quinn
360 K Street, Suite 200
Anchorage, AK 99501
(907) 276-5727 Office
(907) 276-2953 Fax
(907) 444-7230 Cell
kgutsch@richmond
quinn.com
www.richmond quinn.com
In the last five years, Kenneth M. Gutsch has defended and successfully resolved product defect claims involving toy jewelry kits
(partial blindness injury); children’s inflatable play ground; a toddler bed which allegedly caused personal injury; an allegedly
defective swage press which amputated the user’s hand; an allegedly defective car lift injury claim; defective floor injury claim;
two allegedly defective escalator injury claims; roof defect; two home products fires (alleged electrical fires from therapeutic
water-fall and lamp); elastic exercise bands (eye injury) and a drug manufacturer.
Mr. Gutsch is currently defending an alleged defective tire injury claim (explosion); an alleged ATV winch electrical fire that
burned down a house; another escalator injury case; and a drug manufacturer.
Product Experience
• Aircraft (Private and Commercial)
• Automobiles
• Construction Products, Vehicles and
Equipment
• Consumer Products, Appliances,
Equipment and Goods
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Motorcycles and Recreational
Vehicles
• Recreational Equipment
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Roofing Systems
Tires
Toys and Children’s Products
Trucks and Commercial
Transportation
Education
• 1988, University of Illinois School of Law, Law Review
• 1982, B.A., Knox College
®
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Jones, Skelton & Hochuli, P.L.C.
ARIZONA
Mr. Hochuli initially started doing products liability work more than 20 years ago, and he currently devotes roughly 50% of his
practice to the defense of product liability cases. He has defended many cases directly for the manufacturer or distributor of a
product, and many cases in which he has been hired by the liability insurance company for said companies. Mr. Hochuli has
been the USLAW practice group leader for the products liability practice group for several years and continues to be part of the
products leadership team.
Edward G. Hochuli
Jones, Skelton &
Hochuli, P.L.C.
2901 North Central Avenue
Suite 800
Phoenix, AZ 85226
Phone: (602)263-1719
Fax: (602) 200-7812
Cell: (602) 549-1108
[email protected]
www.jshfirm.com
• Mr. Hochuli has tried more than 25 product liability cases to verdict. They have included such products as hand power
tools (user cut off his own hand, and the allegations were that there was not proper guarding or kick-back protection), bicycle (front fork failed causing the rider to go over the handlebars and land face first at a high rate of speed), electric space
heater (the fail safe protection allegedly failed and caused a house to burn down), conveyer belt (the emergency stop bottom allegedly failed, and the user lost his arm), punch press (the guarding was allegedly insufficient, and the user lost an
arm), forklift (the guarding was allegedly defective and the user lost a foot).
Representative Seminars
• Mr. Hochuli has frequently spoken at seminars for products manufacturers, insurance carriers, and attorneys defending
products cases. They include seminars for medical device manufacturers, power tool manufacturers, electrical appliance
manufacturers, and several USLAW programs presented to clients and attorneys in the products liability practice group.
Product Experience
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Asbestos
Automobiles
Beverage Containers
Building and Construction
Equipment
Construction Products, Vehicles and
Equipment
Equipment and Goods
Cosmetics
Firearms
• Fire Sprinklers and Fire Protection
Devices
• Flooring Systems
• Food Products
• Hand Tools
• Industrial Machinery
• Ladders
• Lawn Mowers and Outdoor Power
Equipment
• Lifting Equipment
• Medical Devices and Supplies
• Motorcycles and Recreational
Vehicles
Medications
• Power Tools
• Roofing Systems
• Swimming Pools
• Tanks and Containers
• Tires
• Trucks and Commercial
Transportation
• Windows
Education
• 1976, J.D., University of Arizona College of Law, with distinction
• 1972, B.A., University of Texas, El Paso, Texas, with honors
®
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ARKANSAS
Steven W.
Quattlebaum
Quattlebaum, Grooms, Tull
& Burrow PLLC
111 Center Street
Suite 1900
Little Rock, AR 72201
(501) 379-1707 Office
(501) 379-3807 Fax
(501) 920-8103 Cell
[email protected]
www.QGTB.com
Mr. Quattlebaum has served as lead trial counsel in over 100 trials, including the defense of: welding consumable manufacturers
in numerous cases around the country, herbicide manufacturers, automobile manufacturers, pharmaceutical and medical device manufacturers, and consumer and industrial equipment manufacturers. These cases included claims alleging various personal injuries ranging from cancer and neurological injury to traumatic loss of limbs, paralysis and death. Some involved claims
of crop loss, property damage, environmental contamination and nuisance. Mr. Quattlebaum is a member of the Product
Liability Advisory Council and listed by Who’s Who Legal in the areas of Environment, Commercial Litigation, and Product
Liability Defense. Mr. Quattlebaum was selected as a member of the Lawdragon 500 Leading Lawyers in America for four years.
He has been named one of the leading business litigation lawyers in Arkansas by Chambers USA’s Guide to America’s Leading
Lawyers for Business since 2003 and Mid-South Super Lawyers since 2006. Mr. Quattlebaum has been listed in The Best Lawyers
in America since 2001 and is currently recognized in the areas of Commercial Litigation, Bet-the-Company Litigation, Mass
Tort Litigation/Class Actions – Defendants, Personal Injury Litigation – Defendants, and Product Liability Litigation –
Defendants, and was named Best Lawyers’ 2013 Little Rock Bet-the-Company Litigation lawyer of the year and 2014 Little Rock
Mass Tort Litigation/Class Actions – Defendants lawyer of the year. He is also recognized as a local litigation star for Arkansas
in Benchmark Litigation, and has been named one of the top 50 lawyers in Arkansas by Mid-South Super Lawyers.
Mr. Quattlebaum is a fellow of the International Academy of Trial Lawyers, a member and national board representative of
the American Board of Trial Advocates, a member of the International Association of Defense Counsel and the Defense Research
Institute.
• Ron Calloway v. Lincoln Electric Company, et al.; Circuit Court of Union County, Arkansas.
Noah Andre, et al. v. A. O. Smith Corporation, et al.; Civil District Court for the Parish of Orleans, State of Louisiana.
David Barras v. A. O. Smith Corporation, et al.; Civil District Court for the Parish of Orleans, State of Louisiana. Defense
verdicts for manufacturers of welding products against claims that manganese from welding fumes caused neurological
injuries.
• Mary E. Green, et al. v. George’s Farms, Inc., et al.; Circuit Court of Washington County, Arkansas. Defense verdict in a toxictort trial in which the plaintiff claimed that arsenic used by poultry companies caused leukemia. The Arkansas Supreme
Court affirmed the jury verdict in favor of the defense.
• Patrica Crews v. Charles Toney, Administrator of the Estate of Jessie Toney, Deceased: and Mercedes-Benz of North America,
Inc., Circuit Court of Pulaski County, Arkansas. Defense verdict for Mercedes-Benz of North America, Inc. in this case regarding an allegedly defective air bag.
Product Experience
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Asbestos
Automobiles
Beverage Containers
Breast Implants
Equipment and Goods
• Food Products
• Herbicides and Pesticides
• Lawn Movers and Outdoor Power
Equipment
Medications
• Power Tools
• Respiratory Protective Equipment
and Safety Devices
Education
• 1983, J.D., University of Arkansas School of Law
• 1981, B.A., Western State College of Colorado
®
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ARKANSAS
John E. Tull III
& Burrow PLLC
111 Center Street
Suite 1900
(501) 379-1705 Office
(501) 379-3805 Fax
(501) 920-8104 Cell
[email protected]
www.QGTB.com
In over 100 jury trials, Mr. Tull has served as lead counsel on behalf of large and small businesses and individuals in cases involving business torts, breach of contract, product liability, toxic torts, environmental litigation, securities fraud, franchise disputes, trade secrets, personal injury, First Amendment, and other matters. Since his admission to practice in 1984, Mr. Tull has
devoted a significant portion of his practice to various product liability matters including the defense of manufacturers of welding consumables in numerous actions involving claims of neurological injury from exposure to welding fumes; the defense of
major herbicide manufacturers in a number of cases including claims of personal injury and crop damage resulting from allegedly excessive drift propensity of a herbicide; the defense of numerous agricultural aviation services including claims of
negligence and breach of warranty; the defense of numerous industrial and agricultural equipment manufacturers and suppliers in cases involving economic loss or traumatic injuries.
Mr. Tull has been named one of the leading business litigation lawyers in Arkansas by Chambers USA’s Guide to America’s
Leading Lawyers for Business since 2004. He is listed in The Best Lawyers in America® in the areas of Bet-the-Company Litigation,
Commercial Litigation, Litigation – Banking & Finance, Litigation – First Amendment, Mass Tort Litigation/Class Actions, Media
Law, Personal Injury Litigation – Defendants, and Product Liability Litigation – Defendants and was named Best Lawyers’ 2012
Little Rock Litigation – Banking & Finance Lawyer of the Year and 2014 Little Rock Litigation – First Amendment Lawyer of the
Year. Mr. Tull is recognized as one of the top 50 lawyers in Arkansas by Mid-South Super Lawyers and listed as a Local Litigation
Star for Arkansas in Benchmark Litigation.
Mr. Tull is a Fellow of the American College of Trial Lawyers and a member of the American Board of Trial Advocates, the
International Association of Defense Counsel, and the Defense Research Institute.
• Ron Calloway v. Lincoln Electric Company, et al.; Circuit Court of Union County, Arkansas.
Noah Andre, et al. v. A. O. Smith Corporation, et al.; Civil District Court for the Parish of Orleans, State of Louisiana.
David Barras v. A. O. Smith Corporation, et al.; Civil District Court for the Parish of Orleans, State of Louisiana. Defense
verdicts for manufacturers of welding products against claims that manganese from welding fumes caused neurological
injuries.
• R. Gail Burns, et al. v. Universal Crop Protection Alliance, Nufarm Americas, Inc., et al.; Circuit Court of Clay County,
Arkansas. Defense verdict for two pesticide-formulator clients in a four-week trial alleging crop damage due to widespread pesticide drift. Plaintiffs sought more than $4 million in compensatory damages for claims based on allegations of
negligence and strict liability. Punitive damages were dismissed on directed verdict by the court.
Product Experience
•
•
•
•
•
•
Asbestos
Automobiles
Equipment
Equipment and Goods
Vehicles
Medications
• Scaffolding
• Swimming Pools
• Tires
• Tobacco Products
Education
• 1984, J.D., University of Arkansas School of Law, with high honors
• 1980, B.A., Vanderbilt University
®
5
ARKANSAS
Mr. Williams has practiced law since 1988 and is a Managing Member of Quattlebaum, Grooms, Tull & Burrow PLLC. His practice focuses primarily upon the defense of personal injury, wrongful death, and large to catastrophic property damage claims
in the areas of products liability, trucking and transportation, and premises liability, with approximately sixty percent (60%) of
his practice focusing on products liability disputes. Mr. Williams has represented a variety of clients in such matters including
numerous nationwide retailers, product manufacturers, and transportation companies. Mr. Williams has extensive experience
in both state and federal court and he has served as lead counsel in over sixty jury trials. Mr. Williams is listed in The Best Lawyers
in America® in the area of Product Liability Litigation – Defendants and Personal Injury Litigation – Defendants.
Thomas G. Williams
& Burrow PLLC
111 Center Street
Suite 1900
(501) 379-1722 Office
(501) 379-3822 Fax
(501) 772-7465 Cell
[email protected]
www.QGTB.com
• Based on the ever-increasing popularity of mediation and the fact that many jurisdictions in Arkansas require it, every
product liability case Mr. Williams has handled over the last ten years has been dismissed or resolved through mediation.
Product Experience
Equipment and Goods
• Electrical Wire and Cable
Devices
Vehicles
Transportation
Education
• 1988, J.D., University of Arkansas School of Law, with high honors
• 1985, B.S., University of Arkansas at Fayetteville
®
6
CALIFORNIA
Pat Hagan has defended product liability matters for an array of manufacturers. He has tried five cases to verdict with four defense results and one dismissal without payment while on appeal. For approximately 15 years, 1987-2002, almost 100% of his
practice was the defense of various construction products, fluid movement devices (e.g., pumps, fittings, and piping) and industrial equipment involving bodily injury, wrongful death, property damage and government regulatory work, including appearances before various agencies of the State of California, the U.S. Environmental Protection Agency, the U.S. Coast Guard,
and other state agencies. Mr. Hagan has been elected a Super Lawyer in this practice area multiple times.
Patrick J. Hagan
601 California Street
19th Floor
San Francisco, CA 94108
(415) 397-2700 Office
(415) 397-3300 Fax
(415) 317-3377 Cell
(415) 461-5450 Home
[email protected]
www.dillingham
murphy.com
No product trials in the last 10 years, but:
• Lockheed Martin Corp. v. RFI Supply Inc., 440 F-3d 549 (1st Cir. 2006), argued to 1st Circuit and prevailed on an underlying
summary judgment dismissal based on contract, not allowing tort recovery for an economic loss claim (many citations to
this seminal case).
• Defended machine manufacturer for traumatic amputation of an arm and able to obtain dismissal without payment by
proving the client was not the refurbisher of the offending machine.
• Defended injection molding company in a product based construction defect case which settled for approximately $20
million by proving the client was not the manufacturer of the allegedly defective plastic piping which was the primary
cause of the damage.
• Numerous speaking engagements for DRI, FDCC and USLAW on various aspects of product liability for more than 20 years
• Keynote speaker, Grey’s Inn, London , to Lloyds’ retrocessionaires – presentation seeking support for creation of Equitas
and reconstitution of Lloyds, May 1995
Representative Articles
• “Punitive Damages: California Model Applying Gore and State Farm,” Federation of Insurance & Corporate Counsel
Quarterly, Spring 2004
• “Blueprint For General Causation Analysis In Toxic Tort Litigation,” Federation of Insurance & Corporate Counsel
Quarterly, Fall 2003
• “State Variations on the Daubert Theme,” Federation of Insurance & Corporate Counsel Quarterly, Fall 2000
• “Gatekeeping and the Admissibility of Scientific Evidence in the Post Daubert/Joiner/Kumho Tire World,” Federation of
Insurance & Corporate Counsel Quarterly, Summer 1999, FDCC Article of the Year Award
Product Experience
•
•
•
•
•
•
•
•
•
•
•
Asbestos
Automobiles
Beverage Containers
Boats and Ships (Commercial and
Pleasure)
Equipment
Equipment
Equipment and Goods
Firearms
Devices
• Food Products
• Hand Tools
• Ladders
Equipment
Vehicles
Medications
• Power Tools
and Safety Devices
• Roofing Systems
• Scaffolding
• Swimming Pools
Transportation
• Windows
Education
• 1975, J.D., Hastings College of Law, U.C.S.F.
• 1969, M.B.A. (not completed), American University
• 1965, B.S., St. Joseph’s University,
®
7
Klinedinst PC
CALIFORNIA
Kevin J. Gramling, the managing shareholder at the firm’s Orange County office, has extensive experience defending product
liability, premises liability, mold and indoor air quality, environmental, transportation, and construction defect claims. He has
successfully represented product manufacturers, retailers, importers and distributors in multi-million dollar product liability
and premises liability suits. Kevin Gramling is an AV ® Preeminent™ Peer Rated attorney, having achieved Martindale Hubbell’s
highest rating for legal ability and ethical standards.
Kevin L. Gramling
Klinedinst PC
5 Hutton Centre Drive
Suite 1000
Santa Ana, CA 92707
(714) 542-1800 Office
(714) 542-3592 Fax
(714) 315-7450 Cell
kgramling@klinedinst
law.com
www.klinedinstlaw.com
• Defense Verdict. Represented manufactured home manufacturer. Plaintiff and grandson alleged personal injury due to
product failure.
• Successfully defended manufacturer of sheet metal tube and crimp rolling machine. Plaintiff’s injuries included amputation of two fingers and de-gloving.
• Successfully defended welded wire fabric machine manufacturer. Plaintiff had four fingers chopped off by machine blade.
Court sustained demurrer to First Amended Complaint.
• Panelist, “Dealing with the Litigation Wild Card – Punitive Damage Claims,” USLAW Spring Conference, March 2009.
Product Experience
• Building and Construction
Equipment
Equipment
Equipment and Goods
• Food Products
•
•
•
•
•
Roofing Systems
Scaffolding
Swimming Pools
Education
• 1997, J.D., California Western School of Law
• 1988, B.A., Villanova University
®
8
Klinedinst PC
CALIFORNIA
Mark H. Nys is a shareholder in the San Diego office of Klinedinst PC. He practices in all state and federal courts in California,
as well as before the U.S. Patent and Trademark Office in Washington, D.C. A practicing attorney for over 16 years, Mr. Nys entered the legal profession with a science background and twenty years of service as a commander in the United States Navy. Over
the course of this legal career, he has successfully defended large international manufacturers of recreational vehicles and
chemicals, large national and regional manufacturers of boats, regional automobile dealerships, and large international construction companies. He has extensive experience handling product liability and class action litigation, wrongful death, exposure cases, including asbestos and silica, and catastrophic injury.
Mark H. Nys
Klinedinst PC
501 W. Broadway
Suite 600
San Diego, CA 92101
(619) 239-8131 Office
(619) 238-8707 Fax
(619) 889-9635 Cell
[email protected]
Product Experience
• Automobiles
• Boats and Ships (Commercial and
Pleasure)
Equipment
• Chemicals, Solvents and Plastics
Equipment
Equipment and Goods
Devices
Vehicles
• Roofing Systems
• Swimming Pools
• Tires
• Windows
Education
• 1997, J.D., California Western School of Law
• 1985, B.A., Claremont McKenna College, cum laude
• University of California at Irvine (Graduate Certificate in Hazardous Materials Management)
®
9
Klinedinst PC
CALIFORNIA
Mr. Weiss represents national and local businesses that design, manufacture and distribute a wide array of commercial, industrial and consumer products. Since joining Klinedinst PC in 2006, and previously as Senior Trial Counsel with a national
commercial liability insurance carrier, Mr. Weiss has successfully defended these businesses in both personal injury/wrongful
death settings, as well as subrogation cases. He has succeeded in obtaining jury verdicts in a wide array of commercial cases,
including products liability disputes involving consumer and commercial products. Mr. Weiss is an AV® Preeminent™ Peer
Review Rated attorney, having achieved Martindale Hubbell’s highest rating for legal ability and ethical standards.
Ernest L. Weiss
Klinedinst PC
5 Hutton Centre Drive
Suite 1000
Santa Ana, CA 92707
(714) 542-1800 Office
(714) 542-3592 Fax
(714) 401-0478 Cell
[email protected]
• USAA/Symms v. Fluidmaster: Plaintiffs alleged a defectively designed water connector failed which resulted in property
damages in excess of $1m. Mr. Weiss represented the product designer and manufacturer of the connector; defense verdict as to liability.
• Andrews v. Caterpillar Tractor Company: Plaintiff’s heirs alleged defective design due to lack of back up alarm, with grade
checker struck and killed by backing tractor. Mr. Weiss represented tractor distributor and installer of back up alarms; case
settled favorably on fourth day of trial.
• Taylor v. National Lumber Company: Plaintiff alleged defective design and manufacture of aluminum ladder (strut and
rivet system) resulted in failure of ladder and catastrophic injury to plaintiff (including multiple level spinal fusion). Mr.
Weiss represented U.S. distributor as to design and manufacture; defense verdict as to liability.
• Mack v. River Ranch, Pat & Oscar’s et.al.: Plaintiff claimed that he contracted Thrombotic Thrombocytopenic Purpura
(TTP) as a result of ingesting e-coli contaminated lettuce. Mr. Weiss represented regional restaurant chain re: all issues of
e-coli initiation and alleged injury; case settled favorably after first day of trial.
• “Evaluation of Personal Injury/Product Liability Suit,” Council on Litigation Management, Los Angeles, 2010
Product Experience
•
•
•
•
•
•
Automobiles
Fire Sprinklers and Fire Protection
Devices
• Food Products
•
•
•
•
•
•
Furniture
Ladders
Lifting Equipment
Vehicles
• Power Tools
•
•
•
•
•
•
Roofing Systems
Scaffolding
Transportation
Education
• 1983, J.D., McGeorge School of Law, University of the Pacific
• 1979, B.S., Santa Clara University
®
10
CALIFORNIA
William T. DelHagen is Of Counsel and a member of the Product Liability practice group of Murchison & Cumming, LLP. Mr.
DelHagen focuses his practice on product liability, aircraft, automotive, trucking, general, and business litigation matters. His
background at Rockwell International, where he served as an Advanced Systems Project Engineer for almost ten years before
becoming an attorney, gives Mr. DelHagen and his clients an immense advantage. Mr. DelHagen is a defense trial lawyer with
over 38 years of expertise. He has tried more than 60 federal and superior court cases. His clients have included, among many
others, Cessna Aircraft Company, Bob Hill Hydraulic Cranes, Phoenix Air, The Goodyear Tire & Rubber Company, Lear
Corporation, Seagrave Fire Apparatus, Kelsey-Hayes Corporation, VKB, Kocks Crane & Marine, Fruehauf Corporation, United
Road Services, Vac-Con, Paceco/CEM&CO, and Alcoa.
William T. DelHagen
801 South Grand Avenue
9th Floor
Los Angeles, CA 90017
(213) 630-1006 Office
(213) 623-6336 Fax
(213) 458-1312 Cell
wdelhagen@murchison
law.com
www.murchisonlaw.com
• Voorhis v. Cessna Aircraft Company – Riverside Superior Court, Riverside, California. Successful defense of a wrongful
death suit arising from an airplane crash . Client Cessna designed, manufactured, owned, maintained, serviced, and had a
pilot aboard the aircraft, and had to defend product claim and operational negligence claim.
• Snyder v. Goodyear Tire & Rubber Co. – Los Angeles Superior Court, Compton, California. Successfully defended Goodyear
from a manufacturing defect claim arising from a tire separation/rollover/wrongful death of a young male passenger.
• Rosiles v.Vac-Con – San Jose Superior Court, San Jose, California . Successfully defended manufacturer of a large sewer
vacuum maintenance truck alleged to have caused permanent brain injury to its operator due to product design and
warnings.
•
•
•
•
"Statutes of Liberty," Spring 2012 USLAW Network Client Conference, Dana Point, CA, April 12-14, 2012
“You Can Quote Me,” USLAW Network Client Conference, Miami, Florida, 2010
“Are You In or Out(side),” USLAW Network Client Conference, Tucson, Airzona, 2007
“Tenders of Defense – What Works & What Does Not,” USLAW Network Client Conference, Austin, Texas, 2006
• “How to Avoid Being Sued,” Lift & Access Magazine, September/October 2005
Product Experience
•
•
•
•
•
Asbestos
Automobiles
Beverage Containers
Pleasure)
Vehicles
• Tires
Transportation
Education
• 1975, J.D., Loyola University of Los Angeles
• 1969, M.S., Aerospace Engineering, University of Southern California
• 1966, B.S., Aeronautics & Astronautics, Massachusetts Institute of Technology
®
11
CALIFORNIA
Gregory A. Sargenti regularly defends product liability cases on behalf of self-insured corporations, as well as the insureds of
national and international liability insurers. Mr. Sargenti has handled over 16 medical product cases involving surgical devices
in state and federal courts. With a background in aerospace engineering and experience working for Lockheed Martin, he is
highly knowledgeable of the aerospace and aircraft industry. Mr. Sargenti is licensed to practice before the U.S. Patent and
Trademark Office. He has over 20 years of experience as a product liability attorney and devotes 10 to 15% of his practice to product liability matters.
Gregory A. Sargenti
Murchison &
Cumming, LLP
18201 Von Karman Avenue
Suite 1100
Irvine, CA 92612
(714) 953-2241 Office
(714) 972-1404 Fax
(714) 420-9495 Cell
gsargenti@murchison
law.com
• The Physician Deposition, July 27, 2001
• The Medical Record Review, November 17, 1999
• The Medical Record, “Your Best Defense,” October 5, 1998
• “Hospital Incident Reports Survive Challenge to Attorney-Client Privilege,” CC&G Legal Update, August 2003
• “Reimbursement of Defense Costs – the Newest Coverage Frontier,” C&C Legal Update, November 1997
Product Experience
Education
• 1991, J.D., University of San Diego School of Law
• 1986, B.S., San Diego State University, with distinction
®
12
CALIFORNIA
Friedrich W. Seitz serves as the Product Liability practice group Chair for USLAW and Co-Chair for Murchison & Cumming. His
past leadership roles include chairing the Federation of Defense and Corporate Counsel’s Product Liability Section; he is also
a current member of the International Association of Defense Counsel’s Product Liability Committee and the Product Liability
Advisory Council. Mr. Seitz has over 40 years of experience in handling product liability matters for self-insured corporations,
as well as the insureds of national and international liability insurers. He has represented manufacturers, distributors and retailers of a wide range of products, such as tools, machinery, heavy equipment, vehicles and aircraft. A specialist in defending
wildland fire litigation, he also represents public and private utilities, including Southern California Edison. Mr. Seitz has tried
more than one hundred jury trials and devotes 80% of his practice to the area.
Friedrich W. Seitz
801 South Grand Avenue
9th Floor
(213) 630-1000 Office
(213) 623-6336 Fax
(213) 700-6772 Cell
[email protected]
• Martinez v. Taylor Machine Works, Inc. – Defense verdict involving allegations of a defective forklift design resulting in the
permanent disabling of the plaintiff. Activating a back-up alarm of the type installed on the truck in the courtroom convinced the jury that the plaintiff would have been alerted by the alarm, had it been connected.
• Blasdell v. Freightliner – Defense verdict involving allegations of a defective tractor, in that the upper berth was not
equipped with a safety harness, resulting in plaintiff’s disabling injuries. Biomechanical testimony demonstrated that the
injuries could not have been caused by ejection from the bunk.
• Murray v. Action Sports Equipment – Defense ruling in an indemnity, apportionment of fault and declaratory relief action
brought by Sports Supply against Action Sports Equipment in response to a suit against both companies. The initial suit
involved allegations of a defective mini-trampoline resulting in a severe spinal cord injury.
• “Deposing Foreign Witnesses under the Hague Convention,” USLAW Network Client Conference, October 2010
• "Product Liability," Johanson Dielectrics Seminar, July 2009
• “A Hypothetical ESI Request with Focus on Practical Tips and Strategies,” International Association of Defense and
Corporate Counsel, 2007
• “Product Safety Regulation in the U.S. & Europe – Challenges for Global Manufacturers,” Joint International Conference,
May 2007
• "Navigating Discovery Abroad: Obtaining Witnesses and Materials Located Outside of the US," Los Angeles Daily Journal,
August 24, 2011
• “California’s Application of Strict Products Liability to the Hybrid Enterprise,” IADC Committee Newsletter, July 2009
• “Product Safety Regulation in the U.S. and Europe – Challenges for Global Manufacturers,” Australian Product Liability
Reporter, August 2007
• “How to Prevent Bad Results in a Good Case: Document Discovery in the Electronic Age,” FICC Quarterly, Spring 2001
Product Experience
•
•
•
•
•
•
•
•
•
•
•
Asbestos
Automobiles
Beverage Containers
Pleasure)
Breast Implants
Equipment
Equipment
Equipment and Goods
•
•
•
•
•
•
•
•
•
•
•
•
•
Cosmetics
Firearms
Devices
Food Products
Hand Tools
Ladders
Lawn Mowers and Outdoor Power
Equipment
Lifting Equipment
• Mining Equipment
Vehicles
Medications
• Power Tools
• Scaffolding
• Swimming Pools
• Tires
Transportation
Education
®
• 1971, J.D., Southwestern University School of Law
• 1965, B.A., University of Southern California
13
CALIFORNIA
Arthur J. Casey
227 North First Street
San Jose, CA 95113
(408) 298-7120 Office
(408) 298-0477 Fax
(408) 205-6772 Cell
[email protected]
www.robinsonwood.com
Mr. Casey’s products liability defense practice includes representing various manufacturers and distributors either directly or
through third party administrators and insurance carriers. Mr. Casey has a very high success rate in resolving difficult and high
exposure cases involving catastrophic injuries. He is particularly adept at working with foreign manufacturers, especially
Japanese manufacturers insured through Japanese insurers. Mr. Casey’s product liability practice has included successful litigation and settlement of many different kinds of products and injuries, including significant burns suffered while using a radiator flush system, leg amputation while using a manual hoist, several wrongful death cases representing a major chain
manufacturer, serious injuries allegedly caused by bicycle component parts, serious injuries and death by electrocution while
using power tools, serious injuries suffered while working around a surgical table, property damage subrogation claims at time
with damages claimed in the millions and many other types of products liability cases.
• Buckner v. Milwaukee Electric Tool Corp. – Tulare County Superior Court, California (2012). Defense verdict in trial against
Milwaukee Electric Tool Corp wherein plaintiff claimed design and warning defects in Milwaukee’s 1/2-inch Magnum
Holeshooter drill. Plaintiff asked jury for $5.4 million.
• Salunkhe v. Santos – Alameda County Superior Court, California (2013). Extricated by way of summary judgment a component manufacturer of a regulator/rectifier in a Kawasaki motorcycle.
• Sentry Insurance Company v. Dainichi Machinery – USDC, Eastern District (2010). Obtained dismissal for manufacturer of
lathe in action where plaintiff insurer claimed $1.5 million in losses paid to its insured after insured’s business completely
consumed in a fire.
• “Affirmative Defenses in Product Liability Action,” USLAW Network Spring 2012 Client Conference, April 12-14, 2012
• “Choosing and Preparing the In-house Engineer to Testify in Productions Liability Actions,” USLAW Client Conference 2011
Product Experience
Equipment
Equipment
Equipment and Goods
•
•
•
•
•
•
Furniture
Hand Tools
Ladders
Equipment
Vehicles
• Scaffolding
• Swimming Pools
Education
• 1985, J.D., University of Santa Clara
• 1981, B.A., University of San Diego
®
14
Snyder Law, LLP
CALIFORNIA
Barry Snyder’s trial experience is unmatched by all but a handful of California attorneys. He has over 30 plus years of product
liability experience, with cases involving catastrophic and other damages ranging from brain damage, death, and dismemberment to long term toxic exposure. The over 140 jury trials in his career have been tried in every county in Central and Southern
California.
Barry Clifford Snyder
Snyder Law, LLP
420 S. Fairview Avenue
Suite 102
Santa Barbara, CA 93117
(805) 683-7750 Office
(805) 692-2801 Fax
(805) 637-8114 Cell
[email protected]
www.snyderlaw.com
• December 2005 defense verdict for microkeratome manufacturer on a matter filed in Orange County. Plaintiff claimed
that the product, used to create a flap on the patient’s cornea prior to a LASIK procedure to enhance vision, was defectively designed. Plaintiff claimed that the microkeratome could be and was misassembled, resulting in deep, diving cuts in
plaintiff’s cornea. Plaintiff contended that he would lose his vision, require corneal implants with no guarantee of visual
improvement.
• 2003 defense verdict for a wheelchair lift manufacturer on a matter filed in Los Angeles County. Decedent, a quadriplegic
PhD, backed his motorized wheelchair out of his van, falling to the ground and suffering fatal head injuries. Plaintiff wife
claimed a defectively designed lift system, allowing it to go the ground rather than remaining at van floor height.
• 2002 defense verdict for a retailer in a matter filed in San Bernardino County. Plaintiff mother claimed she purchased a defectively designed hooded sweatshirt for her two year old daughter at the retailer. At a day care center, the drawstring on
the daughter’s garment caught and she hung for several minutes, resulting in severe brain damage.
Product Experience
•
•
•
•
Asbestos
Automobiles
Breast Implants
Equipment
Equipment and Goods
•
•
•
•
•
Furniture
Ladders
Medications
Transportation
Education
• 1974, J.D., Loyola University School of Law, Los Angeles
• 1970, B.S., Bacteriology, University of California at Los Angeles
®
15
COLORADO
Michael Plachy practices in product liability and toxic tort litigation. He provides counsel in all areas of potential liability, including the design, manufacture and distribution of consumer, commercial, and industrial products. He has represented clients
in all aspects of product liability litigation, including strict liability, failure to warn, breach of express and implied warranties,
negligence, consumer protection claims, component part, fraud and non-disclosure. He has advised clients and litigated claims
regarding a broad range of products – construction materials, consumer goods, food and food service and medical devices. He
has extensive experience in litigating state and national class-action litigation on behalf of his clients.
Michael D. Plachy
1200 Seventeenth Street
Suite 3000
Denver, CO 80202
(303) 628-9532 Office
(303) 623-9222 Fax
[email protected]
www.LRRLaw.com
• Lead trial lawyer for defense in toxic tort case brought by over 100 plaintiffs. Prevailed on summary judgment on all
claims.
• Lead trial counsel for multi-national escalator manufacturer in mass tort action resulting from an escalator in a Major
League Baseball stadium that malfunctioned and injured dozens of people.
• Lead regional trial counsel for automotive brake manufacturer in asbestos litigation.
• Lead regional trial counsel for numerous valve manufacturers in asbestos litigation.
• Obtained $22.6 million jury verdict and judgment against The Goodyear Tire & Rubber Company in the first homeowner
lawsuit brought as a result of damages caused by Entran II hose.
Product Experience
• Asbestos
Equipment
Equipment
Equipment and Goods
• Cosmetics
•
•
•
•
Roofing Systems
Education
• 1992, J.D., University of Colorado Law School; Order of the Coif; DeSouchet Trial Advocacy Award
• 1988, B.S., Finance, University of Colorado
®
16
CONNECTICUT
Michael McCormack is an experienced litigation partner with over 17 years of experience representing clients in litigation and
trial, including representing manufacturers, distributors and sellers of products in product liability and warranty disputes as
well as insurance coverage and recovery on behalf of corporate and individual policy holders and business litigation. Michael
has extensive experience litigating, mediating and resolving product liability and warranty disputes in state and federal courts
in Connecticut and throughout the country. Michael serves as national defense counsel for a manufacturer of electrical sensors and controls, in which capacity he leads the defense of cases involving product defect claims arising from fire losses. He
practices before all state and federal courts in Connecticut and the Second Circuit Court of Appeals. He is also admitted to
practice before the United States Supreme Court. Michael is a member of the USLAW Product Liability Practice Group, as well
as the DRI and American Bar Association product liability committees.
Michael T.
McCormack
20 Church Street
Hartford, CT 06103
(860) 331-2670 Office
(860) 278-3802 Fax
(860) 212-3895 Cell
mtmccormack@
hinckleyallen.com
www.hinckleyallen.com
• Fireman’s Fund Insurance Company v. Tecumseh Products Co. et al., U.S. District Court for the Northern District of
Baltimore. Obtained Daubert ruling excluding plaintiff’s product defect expert and obtained summary judgment in product defect case arising from hotel fire. Issue in dispute concerned the viability of plaintiff’s product defect claims under
the indeterminate product defect theory.
• Pratt & Whitney v. Engineered Controls, International Inc. et al., Waterbury Superior Court, Waterbury, Connecticut. Served
as local counsel in product liability case involving allegations of valve defect arising from fire explosion. Defense verdict
after lengthy six week trial. Issues in dispute included plaintiff’s product defect claim and economic loss rule.
• Ordway v. Apex Digital, New Haven Superior Court, New Haven, Connecticut. Lead defense counsel in case involving
product defect claims involving consumer electronic product arising from fire resulting in significant property damage.
Obtained defense verdict following jury trial. Issues in dispute included cause and origin of fire, plaintiff’s product defect
claim and economic loss rule.
Product Experience
•
•
•
•
Asbestos
Automobiles
Pleasure)
• Breast Implants
Equipment
Equipment
Equipment and Goods
Devices
• Food Products
•
•
•
•
•
•
Ladders
Lifting Equipment
Education
• 1992, J.D., Catholic University of America
• 1989, B.S., Marketing, Providence College
®
17
FLORIDA
Richards H. Ford
Wicker Smith O’Hara
McCoy & Ford P.A.
Bank of America Center
390 North Orange Avenue
Suite 1000
Orlando, FL 32801
(407) 843-3939 Office
(407) 649-8118 Fax
(407) 257-9162 Cell
[email protected]
www.wickersmith.com
Richards H. Ford is a Managing Partner in the firm’s Orlando office. He has engaged in active civil trial practice, focusing on the
defense of professional and corporate institutions. He has tried over 100 civil jury trials, including products liability, professional
negligence, construction litigation, medical malpractice, automobile liability, transportation liability and general civil litigation
cases. An AV® Preeminent™ rated attorney by Martindale-Hubbell, Mr. Ford is also a Board Certified Civil Trial Lawyer, certified with The National Board of Trial Advocacy, a Board Certified Civil Trial Specialist and Board Certified as a Civil Pretrial
Practice Advocate by the National Board of Civil Pretrial Practice Advocacy. Among several honors, Mr. Ford has been named a
Florida Super Lawyers from 2006 to 2012, and has been listed among Florida Trend’s “Legal Elite” from 2004 to 2007, 2009 and 2012.
In 2006, he was appointed to the Fellows of the American Bar Foundation, an exclusive legal organization that limits its membership to one-third of one percent of lawyers licensed to practice in each jurisdiction.
• Mr. Ford has been lead counsel for over 30 cases in the past 10 years.
• “Status of No Injury Warranty Claims,” USLAW Fall Client Conference, October 2012
• "Owe No! Beware of the Liability for Violating Consumer Protection Statutes When Collecting Fees from Former Client,"
USLAW Fall Client Conference, October 2012
• “Social Networking Sites—Your Best ‘Friend’ for Investigating and Defending Claims,” Wicker Smith Claims Seminar,
Orlando, FL, June 2011
• “Lion or Lamb: The Balancing Act Between Defending or Settling a Healthcare Claim,” Crittenden Medical Insurance
Conference, Naples, FL, April 2011
• “Effective Use Of Medical Records & Journey Through Government ‘Neverland’,” Wicker Smith Claims Seminar, Orlando,
FL, June 2010
• “The Bad Faith Set-Up: A Booby-Trap for Insurance Carriers and Defense Counsel,” USLAW Radio Podcast, November 2009
• “Who Pays for Crime? Defending the Property Owner in Negligent Security Claims,” Federation of Defense and Corporate
Counsel 2011 Winter Meeting, June 2011
• Co-author: “Negligent Security in Government Subsidized Apartment Complexes,” USLAW Magazine, Fall/Winter 2010
• Co-Author: “Radiologists Defense in Failure to Communicate Cases,” For the Defense Magazine, November 2007
• Co-Author: “Preparing for, Taking and Defending the Expert Deposition,” Defense Research Institute Trial Manual,
September 2006
• Co-Author: “Preparing Your Experts for Deposition,” Florida Defense Lawyers Association Defense Manual, August 2006
• Co-Authored: Chapter 7 – “Pain and Suffering in Pediatric Neurology, Medical-Legal Aspects of Pain and Suffering,”
Lawyers & Judges Publishing Co., Inc.. 2003
• Co-Authored: “On the Defense—Preparing to Defend Yourself in Court,” Chiropractic Business Journal, September 1999
Product Experience
•
•
•
•
•
Automobiles
Beverage Containers
Equipment
Equipment
Equipment and Goods
• Firearms
• Food Products
• Ladders
Equipment
Medications
• Power Tools
Education
• 1979, J.D., Boston University
• 1976, B.A., University of Florida, with honors
®
18
FLORIDA
Steven Y. Leinicke
McCoy & Ford P.A.
SunTrust Center
515 East Las Olas Boulevard
Suite 1400
Fort Lauderdale, FL 33301
(954) 847-4800 Phone
(954) 760-9353 Fax
(954) 629-2054 Cell
syleinicke@wicker
smith.com
www.wickersmith.com
Steven Y. Leinicke is a partner in the Fort Lauderdale office. Over the past 35+ years, Mr. Leinicke has served as lead trial counsel for individuals and corporations in numerous complex civil litigation suits involving general negligence, products liability,
legal malpractice, fire loss litigation, medical malpractice, medical device litigation, pharmaceutical litigation, asbestos litigation, construction, premises liability, automobile liability, and all aspects of insurance litigation such as professional errors and
omissions coverage, policy interpretation and bad faith claims.
An AV® Preeminent™ rated attorney by Martindale-Hubbell, Mr. Leinicke serves as National Coordinating Counsel for
major product manufacturers and as Florida statewide trial counsel for many product manufacturers. He has successfully represented such clients as Stanley Black & Decker, Inc., Hitachi Koki USA, Ltd., Evenflo Company, Inc., Skyjack Equipment, Inc.,
Navistar, Morrow Crane Company, Goodyear Tire and Rubber, Chubb Insurance, ProAssurance, First Professionals Insurance
Company, Gulf Atlantic Legal Defense, Chubb Insurance and Chartis.
• Defense verdict after two-week trial in a product liability matter involving claims of defective design of an articulating
front end loader and insufficient warnings resulting in the alleged wrongful death of the operator during attempted
product repairs.
• Defense verdict in a product liability matter wherein the disc on a hand-held concrete cutting saw shattered causing
severe facial lacerations and partial loss of vision. The Plaintiff alleged defects in the design, guarding, instructions and
warnings of the saw and the disc.
• Directed Verdict after seven days of trial wherein Plaintiff alleged that defective design and inadequate warnings of an
automatic pedestrian door caused the Plaintiff to be struck by the door resulting in her fall and severe back injury.
•
•
•
•
“Products Liability – From Soup to Nuts…and Bolts,” Wicker Smith Claims Seminar, Orlando, FL, June 2011
“Overview of Closed Head Injuries,” Wicker Smith Claims Seminar, Orlando, FL, June 2010
“Litigating Bad Baby Cases,” Wicker Smith Claims Seminar, Orlando, FL, June 2008
“Fighting Uphill: Florida’s Product Liability Scheme,” Wicker Smith Claims Seminar, Orlando, FL, July 2007
• Co-author: “Medical Legal Aspects of Treating Diabetic Foot Problems” Chapter in 7th Edition, The Diabetic Foot, Levin
and O’Neal
Product Experience
•
•
•
•
Asbestos
Automobiles
Beverage Containers
Pleasure)
Equipment
Equipment
Equipment and Goods
• Food Products
• Furniture
• Hand Tools
• Ladders
Equipment
•
•
•
•
•
•
•
•
•
Lifting Equipment
Power Tools
Scaffolding
Swimming Pools
Tires
Transportation
Education
• 1973, J.D., University of Miami
• 1971, B.S., DePauw University
®
19
FLORIDA
Constantine “Dean”
G. Nickas
McCoy & Ford P.A.
2800 Ponce de Leon
Boulevard
Suite 800
Coral Gables, FL 33134
(305) 448-3939 Office
(305) 441-1745 Fax
(305)773-3534 Cell
[email protected]
www.wickersmith.com
Constantine “Dean” Nickas, a partner in the Miami office, is head of Wicker Smith’s retail practice group. In his 20+ year career,
Mr. Nickas has handled and tried countless cases involving products liability, food safety products related litigation, professional
liability, insurance coverage matters and general civil litigation throughout Florida. An AV® Preeminent™ rated attorney by
Martindale-Hubbell, Mr. Nickas has been named to the list of Florida Super Lawyers for three consecutive years and he has been
admitted to the American Board of Trial Advocates, an invitation only group of trial attorneys.
Mr. Nickas is particularly well-versed in litigation issues unique to the food and beverage industry. His depth of experience
in this area of the law includes directing strategy for claims involving alleged food borne illnesses, outbreaks and alleged foreign objects. He has represented food manufacturers, distributors and retailers in outbreak and contamination claims throughout the United States.
• Mr. Nickas has been lead counsel in countless cases during his 22-year career earning him admission to the American
Board of Trial Advocates, an invitation-only group or trial attorneys.
• Samantha Safranek, a minor, by and through her parents, v. Topps Meat Company LLC. This matter arose out of the consumption of Topps Hamburger patties, which were found to contain E.coli 0157:H7. Samantha Safranek, then age 15, was
diagnosed with hemolytic uremic syndrome resulting in renal failure, alleged permanent kidney damage and associated
complications. The Plaintiffs brought claims of strict liability, negligence and breach of warranty. Based upon the evidence, the defendant admitted liability pre-trial. The Plaintiffs sought an award of 7.25 million dollars during closing argument. The defense suggested an award of $600,000 to the jury, which returned a verdict of $653, 843. Also, directed verdict
was entered in the Defendant’s favor on the filial consortium claims asserted by Samantha’s parents. The verdict was significantly lower than the Defendant’s last offer prior to trial.
• “Products Liability—From Soup to Nuts…and Bolts,” Wicker Smith Claims Seminar, Orlando, FL, June 2011
• “Litigation Hot Seat: Are You Prepared for Testimony?,” 2011 Asset Protection Conference, Food Marketing Institute,
Orlando, FL, March 2011
• “A Closer Look at Food Borne Illnesses,” USLAW Radio Podcast, March 2011
Product Experience
• Alcohol and Distilled Spirits
• Beverage Containers
Equipment and Goods
• Food Products
• Furniture
Medications
Education
• 1990, J.D., University of Miami, cum laude
• 1987, B.B.A., University of Miami, cum laude
®
20
GEORGIA
Mr. Abernethy is licensed to practice in Georgia and Tennessee. His practice focuses on products liability; general liability;
and toxic tort litigation. Mr. Abernethy has successfully filed and argued a number of Daubert motions excluding products liability expert witnesses from testifying at trial. He has obtained multiple dismissals for his clients in products liability actions. All of these dismissal have been upheld on appeal.
Mr. Abernethy has handled large toxic mold cases and matters involving industrial and consumer products. He has also
successfully managed and resolved large multi-state asbestos claims as well as suits involving carbon monoxide poisoning.
Mr. Abernethy has spoken to numerous groups and published CLE material on Daubert expert witness challenges, with
focus on products liability litigation.
Kevin D. Abernethy
191 Peachtree St.
Suite 2900
Atlanta, GA 30303
(404) 954-5000 Office
(678) 539-1541 Fax
kabernethy@hallbooth
smith.com
www.hallboothsmith.com
• Mr. Abernethy was an attorney in the reported toxic tort/products liability case Mason v. The Home Depot, 283 Ga. 271
(2008). This case involved complex chemical liability issues; specifically, plaintiffs were alleging brain damage due to
chemical inhalation. The Georgia Supreme Court also used the Mason case to affirm the Constitutionality of Georgia’s
expert witness tort reform statue adopting the Daubert scheme.
• Combs v. Horton Maddox Anderson, et. al. – Circuit Court for Hamilton County, Tennessee, Chattanooga. Mr. Abernethy
was brought in to try the case six weeks prior to trial. The case was a legal malpractice trial (missed statute of limitation)
but Mr. Abernethy had to defend the underlying products case involving three manufacturers without their involvement.
The case involved a death. The jury would have returned a defense verdict but case settled minutes before the jury returned a verdict.
• “Making/Fielding Daubert Challenges,” State Farm Mutual Automobile Insurance Company’s in-house firm event,
November 12, 2010
• “Expert Witness, Daubert & Georgia Tort Reform,” 29th Annual Insurance Law Institute Conference, September 10, 2010
• Co-Author, “The Tort Reform Agenda: After the 2010 Midterm Elections,” USLAW Magazine, Spring 2011
• Co-Author, “Avoid Malpractice by Asserting Admiralty Law Claims,” USLAW Magazine, Fall/Winter 2010
Product Experience
•
•
•
•
Asbestos
Automobiles
Beverage Containers
Pleasure)
Equipment
Equipment
Equipment and Goods
• Hand Tools
•
•
•
•
Power Tools
Roofing Systems
Tires
Education
• 2005, J.D., Georgia State College of Law
• 1999, B.A., Political Science, the University of Georgia
®
21
GEORGIA
Robert L. Shannon, Jr.
191 Peachtree Street, NE
Suite 2900
Atlanta, GA 30303
(404) 954-6935 Office
(404) 954-5020 Fax
[email protected]
www.hallboothsmith.com
Robert L. Shannon, Jr. is a senior partner at the Atlanta office of Hall Booth Smith, P.C. Mr. Shannon is licensed to practice in
Tennessee and Georgia. Has an extensive 20 years practice involving complex products cases. Prior to attending law school in
flew E-3s for the United States Air Force. In 1988 he transferred his commission to the Air National Guard. Today, he is a Brigadier
General and serves as the Vice Commander of the Georgia Air National Guard. He has handled large complex matters throughout the Southeastern U.S. As a National Trial Counsel he has been frequently brought in to try cases weeks prior to trial. He has
tried 43 jury trials with two adverse verdicts. He has handled a wide variety of large complex product cases including commercial aircrashes and is extremely adept at learning complex technical concepts and presenting those same concepts to a
jury in a manner in which they can understand. He has been recognized by Georgia Trend Magazine as one the State’s Legal Elite
and is consistently listed by the Atlanta Business Chronicle to their list of “Who’s Who in the Law” in Atlanta, Georgia.
• Mr. Shannon has never lost a products case as trial and all of his non tried cases have had significant favorable results.
• Mason v. Home Depot, Cobb County State Court – This case involved complex chemical liability issues. After almost three
weeks the case was mistried at 10-2 in favor of a defense verdict. Subsequent to trial Mr. Shannon successfully moved to
strike all plaintiff’s experts. The Georgia Supreme Court affirmed the trial court. The Georgia Supreme Court also used the
Mason case to affirm the Constitutionality of Georgia’s expert witness tort reform statue adopting the Daubert scheme.
• Combs v. Horton Maddox Anderson, et. al. – Circuit Court for Hamilton County, Tennessee, Chattanooga. Mr. Shannon was
brought in as lead counsel to try the case six weeks prior to trial. The case was a legal malpractice trial (missed statute of
limitation) but Mr. Shannon had to defend the underlying products case involving three manufacturers without their involvement. The case involved a death. The jury would have returned a defense verdict but case settled minutes before the
verdict.
• Malcolm v. Bix Manufacturing Company, Inc. – Fulton County State Court. Toxic exposure brain damage case lasting three
weeks with 18 experts who testified. Extremely hostile judge. Defense verdict.
• “Defending Burn Injuries in Air Crashes,” DRI Fire and Casualty Conference, Chicago, IL, 2007
• “Perspectives on Avoiding Large Punitive Awards,” USLAW Spring Client Conference, South Beach, FL
• Co-Author, “The Tort Reform Agenda: After the 2010 Midterm Elections,” USLAW Magazine, Spring 2011
• Co-Author, “Avoid Malpractice by Asserting Admiralty Law Claims,” USLAW Magazine, Fall/Winter 2010
Product Experience
•
•
•
•
•
Asbestos
Automobiles
Beverage Containers
Pleasure)
Equipment
Equipment
Equipment and Goods
• Food Products
• Furniture
• Hand Tools
Equipment
Vehicles
Medications
• Power Tools
• Roofing Systems
• Tires
Transportation
Education
®
• 1991, J.D., University of Georgia
• 1986, M.S., Oklahoma State University
• 1981, B.A., Valdosta State University
22
Goodsill Anderson Quinn & Stifel, LLP
HAWAII
For the past 26 years Corlis J. Chang has represented product manufacturers, medical device manufacturers and pharmaceutical manufacturers in the defense of their products. Approximately 50% of her practice over the years has been devoted to the
defense of products containing asbestos (pumps, boilers, gaskets and packing) and medical devices as varied as walkers, TPN
mixers, Hoyer lifts, cardiovascular guide wires, tubing, automated blood pressure cuffs, PEG tubes, and phacoemulsification machinery (for cataract surgery).
Corlis J. Chang
Goodsill Anderson
Quinn & Stifel, LLP
999 Bishop Street
Suite 1600
Honolulu, HI 96813
(808) 547-5677 Office
(808) 547-5880 Fax
[email protected]
www.goodsill.com
No recent trials involving manufacturers as these types of trials have been extremely rare in the Hawaii jurisdiction over the past
10 years.
• Defended component part manufacturer of a fan alleged to have caused a fire resulting in the death of a young girl and
obtained dismissal without payment by the component part manufacturer by proving the component part did not cause
the fire.
• Defended the manufacturer of a cardiovascular guidewire, a piece of which remained in the woman’s blood vessel after a
stenting procedure was performed. A nominal settlement (10% of anticipated costs of defense) was reached with Plaintiff
who was successful on appeal in having a defense verdict for the physician overturned by the Hawaii Supreme Court.
• Obtained Summary Judgment on a matter involving the death of a man who alleged a PEG feeding tube malfunctioned.
Summary Judgment was upheld on appeal to the Hawaii Supreme Court.
• Over the years, Ms. Chang has participated as a panelist and presenter at Medmarc annual seminars.
Product Experience
• Asbestos
Equipment and Goods
• Food Products
Medications
Education
• 1982, J.D., Northwestern University School of Law (Member, Journal of Criminal Law and Criminology)
• 1979, A. B., Economics, Harvard University, Cambridge, MA, magna cum laude
®
23
SmithAmundsen LLC
ILLINOIS
Lew’s areas of focus include the motor carrier industry and home construction building products. Motor carrier related matters have addressed trailers, chassis, lift gates, walkway and tread plates, tires, engines and vehicle electronics. Further, Lew has
significant experience in fire and explosion matters involving tractors and related aspects of the motor carrier and chemical industries. Lew has reprsented clients in matters involving cosmetics, beverage product storage and display, and food borne
product illness.
Lew R.C. Bricker
SmithAmundsen LLC
150 North Michigan Avenue
Suite 3300
Chicago, IL 60601
(312) 894-3224 Office
(312) 997-1721 Fax
(847) 420-0445 Cell
(847) 945-6165 Home
[email protected]
www.salawus.com
• Co-Moderator, “Stay Out of the Rockies: Safe Passage for Corporate Counsel,” USLAW Client Conference, Vancouver, BC,
October 2013
• Co-Moderator, “Ethical Waves: Avoiding the Wipeout,” Murchison & Cumming LLP 2013 CLE, Santa Monica, CA, June 2013
• Transportation Conference Chair, “Dissecting The Plaintiff’s Playbook,” USLAW Conference, Tucson, AZ, April 2013
• Speaker, “Damages, Joint & Several Liability and Indemnity,” Client Seminar, Centennial, CO, December 2012
• Speaker, “Damages, Public Liability and Indemnity,” Client Seminar, Denver, CO, December 2012
• National Editor and Project Director, USLAW NETWORK National Compendium of Law, 2009-Present
• Chapter Co-author, “Special Considerations in a Product Liability Case,” Illinois Institute for Continuing Legal Education’s
Illinois Civil Discovery Practice Supplement, 2006, 2009, 2011, and 2013
Product Experience
• Automobiles
Equipment
• Cosmetics
•
•
•
•
•
Flooring Systems
Food Products
Ladders
Lifting Equipment
• Tires
Transportation
Education
• 1991 J.D., University of Illinois at Urbana/Champaign, cum laude
• 1988, B.A. History, University of Illinois at Urbana/Champaign, with honors in history and cum laude
®
24
SmithAmundsen LLC
ILLINOIS
Michael J. McGowan
SmithAmundsen LLC
Suite 3300
Chicago, IL 60601
(312) 894-3242 Office
(312) 894-3210 Fax
(847) 533-3242 Cell
[email protected]
www.salawus.com
Mike is a partner and Executive Committee member with SmithAmundsen and serves as its Chair of the Product Liability
Group. Prior to private practice, he garnered significant trial experience as an Assistant State’s Attorney for Lake County, Illinois.
Mr. McGowan acts as one of the firm’s lead trial attorneys on many high-profile product liability, construction and retailer liability cases. Throughout his career, he has defended a multitude of product liability cases involving everything from brake systems to ozone generators and destruct units to cosmetic manufacturing processes. Mr. McGowan is an expert in consumer
product safety law and designs programs for manufacturers to bring their products into compliance with the Consumer Product
Safety Act. His retailing clients include well-known Fortune 1000 merchandisers and his construction clients include one of the
leading construction company revenue-producers in the country. As well, Mike is highly experienced in public entity law and
his clients include many local municipalities, toll authorities, county governments and various schools, forest preserves, park
districts, and villages.
• Barrie v. Krueger Intn’l and Jewel Food Stores, Circuit Court of Cook County, State of Illinois. In a $5 million demand case
where liability was admitted and tried solely on damages, the jury awarded a mere $95,000. Plaintiff was severely injured
after a chair collapsed. The case was complicated by a spoliation claim against plaintiff’s employer, Jewel Food Stores, because they disposed of the chair.
• Galvan v. Krueger Int’l, U.S.D.C. for the Northern District of Illinois. Confidential settlement at commencement of trial.
Product liability matter involving allegations of defective design and manufacture of swivel seat chair post. Defense successfully filed a motion for summary judgment on strict products liability so trial would have been only on the negligence count.
• Marroquin v. Milwaukee Electric Tool Corp., U.S.D.C. for the Northern District of Illinois. Severely injured plaintiff alleged a
products defect in a power drill case. After depositions and filing of defendant’s Motion for Summary Judgment, plaintiff
voluntarily dismissed the suit.
•
•
•
•
“Product Makers Beware: Don’t be Defective,” RIMS Annual Conference, April 2013
“Commercial Liability Law Updates,” ACE North American Claims and ESIS Claims Professionals, August 2012
“Consumer Product and Safety Improvement Act,” USLAW Conference, Dana Point, CA, April 2012
“Bleacher Risk Management and Maintenance,” National School Boards Association’s 70th Annual Conference, Chicago,
IL, April 2010
• Auditor, Product Compliance for Leading Chair Manufacturer, Consumer Product Safety Act, 2007
• “Trade Secret Protection and Consumer Product Safety Act Compliance,” USLAW Conference, Austin, TX, March 2006
• “New OSHA ‘National Emphasis Program’ Targeted at Detecting Under Reporting of Work-Related Illness and Injury,”
Illinois Chamber of Commerce HR Advisory Blog, October 2009 and SmithAmundsen Labor & Employment Newsletter,
Novembe,r 2009
• Illinois chamber of Commerce HR Advisory Blog, October 2009 and SmithAmundsen Labor & Employment Newsletter,
November 2009
• Chapter Author, “Inside the Minds: Product Liability Litigation and Dispute Resolution,” November 2007
• “Products Liability 3rd Party Practice,” Ch. 7, IICLE, 2005
• “Product Liability 3rd Party Practice, Chapter 7,” Illinois Institute of Continuing Legal Education, 2000
Product Experience
•
•
•
•
•
Asbestos
Automobiles
Equipment
Equipment
Equipment and Goods
•
•
•
•
•
•
•
•
•
•
Cosmetics
Devices
Flooring Systems
Food Products
Furniture
Hand Tools
• Ladders
Equipment
Medications
• Power Tools
• Roofing Systems
• Tires
• Windows
Education
• 1988, J.D., Loyola University Chicago School of Law
• 1983, B.A., University of Notre Dame, cum laude
®
25
SmithAmundsen LLC
ILLINOIS
Chris Miller has been Vice-Chair of the SmithAmundsen Product Liability Group since 2008. Chris has been prosecuting and
defending product liability matters since 2002 related to construction machinery, ski equipment, automobile accessories, gas
delivery consumer appliances, fire sprinkler systems, automotive equipment such as tires, utility vehicle braking systems. He
spends approximately 30% of his time devoted to Product Liability.
Christopher T. Miller
SmithAmundsen LLC
Suite 3300
Chicago, IL 60601
(312) 894-3314 Office
(312) 894-3210 Fax
(312) 560-1570 Cell
[email protected]
www.salawus.com
• All Product Liability cases have settled prior to trial.
• Presenter, “Construction Contracts: The 1, 2, 3, Basics,” Hispanic American Construction Industry Association
Presentation, Chicago, IL, March 2012
• Presenter, “Presentation on Arson Investigations,” St. Mary, FL, August 2011
• Co-Author, “Foreign Evidence in U.S. Product Liability Law,” For the Defense, Defense Research Institute, October 2010
• Co-author, “Selecting Products Liability Expert,” ITLA Practice Handbook, 2002
Product Experience
• Automobiles
Equipment
Equipment and Goods
Devices
• Tires
Transportation
Education
• 2002, J.D., DePaul University College of Law
• 1999, B.A., Loyola University Chicago
®
26
INDIANA
Phil L. Isenbarger
Bingham Greenebaum
Doll LLP
10 West Market Street
2700 Market Tower
Indianapolis, IN 46204
(317) 968-5389 Office
(317) 236-9907 Fax
(317) 698-4957 Cell
[email protected]
www.bgdlegal.com
Phil Isenbarger is a partner with Bingham Greenebaum Doll LLP in Indianapolis, Indiana, with over 25 years of litigation and
trial experience. A 1984 graduate from the Indiana University School of Law in Bloomington, Mr. Isenbarger has previously
chaired the Firm’s litigation department and has been lead counsel for jury trials conducted in courts across Indiana. He practices in all state and federal courts in Indiana. He has overseen litigation in a multitude of settings including products liability
matters ranging from single consumer actions to class actions.
Mr. Isenbarger has devoted a substantial part of his practice to the representation of manufacturers and retailers in the industrial, commercial and consumer industry, with particular emphasis in matters involving plumbing fixtures, small engines,
gaspowered rental equipment, medical devices, and other electrical equipment and their respective component parts. He has
extensive experience in defending fire and explosion litigation as well as personal injury and property damage matters arising
from claims of defective manufactured or designed products.
Phil was admitted to the Indiana Bar and the U.S. District Court, Northern and Southern Districts of Indiana in 1984.
• Mr. Isenbarger has successfully defended Kohler Company at both the trial level and on appeal with regard to allegations
of defective handrails in a shower unit. See, Howerton v. Red Ribbon, Inc., 715 N.E.2nd 953.
• Mr. Isenbarger successfully defended the manufacturer of a refrigerator at trial involving allegations that the unit caused a
fire and back draft that resulted in excess of $13 million in property damage and three deaths. The case was also upheld on
appeal. See, Indiana Athletic Club v. Alco Standard Corp., 709 N.E.2nd 1070.
• Mr. Isenbarger has defended products liability matters brought as class actions in Indiana federal court.
• “Direct and Cross-Examination Techniques,” Indianapolis Bar Association Conference, Las Vegas
• “Direct and Cross-Examination Techniques,” IBA Litigation Practice Skills Series, 2011
• “Cross-Examination of the Difficult Witness,” Bench Bar Conference, 2007
• “Products Liability Claims: How Manufacturers Can Protect Themselves,” Bingham McHale Newsletter, May 2011
• “If not you, Mr. President, who speaks for the Company?,” describing and explaining the preparation techniques for a
30(B)(6) (corporate designee) deposition, USLAW Magazine, Spring/Summer 2010
• “Indemnity for Corporate Officers,” Defense Counsel Journal, International Association of Defense Counsel, 2006
• “Fire Litigation and Cross-Examination of Medical Experts,” Indiana Continuing Legal Education Forum (ICLEF)
Product Experience
•
•
•
•
•
•
•
•
•
•
Automobiles
Beverage Containers
Pleasure)
Equipment
Equipment
Equipment and Goods
Cosmetics
Devices
• Food Products
• Furniture
• Hand Tools
Equipment
Vehicles
Medications
• Power Tools
• Scaffolding
• Swimming Pools
• Tires
Transportation
Education
®
• 1984, J.D., Indiana University, Maurer School of Law, Bloomington
• 1981, B.S., Marketing and Management, Indiana University, Kelley School of Business
27
Simmons Perrine Moyer Bergman PLC
IOWA
Robert Hatala has handled numerous product liability cases since being admitted to the practice of law in 1983. He represented
both plaintiffs and defendants in products liability lawsuits. Products include farm equipment, mowers, propanes, steering
wheels, hoses and hose connections, and others. The percentage of his practice devoted to products liability varies.
Robert S. Hatala
Simmons Perrine Moyer
Bergman PLC
115 Third Street SE
Suite 1200
Cedar Rapids, IA 52401
(319) 366-7641 Office
(319) 366-1917 Fax
rhatala@simmons
perrine.com
www.simmonsperrine.com
Product Experience
• Agricultural Equipment
Equipment
Equipment
Equipment and Goods
Devices
Equipment
• Roofing Systems
• Windows
Education
• 1983, J.D., University of Iowa College of Law
• 1983, M.A., Public Affairs, University of Iowa
• 1974, B.A., Political Science, Iowa State University
®
28
KENTUCKY
Melissa N. Bork
Bingham Greenebaum
Doll LLP
3500 National City Tower
101 South Fifth Street
Louisville, KY 40202
(502) 587-3726 Office
(502) 587-3695 Fax
[email protected]
www.bgdlegal.com
Melissa Norman Bork a partner at Bingham Greenebaum Doll LLP and is chair of the firm’s Products Liability Team. She focuses
her practice on complex commercial and tort litigation, including product liability, asbestos and mass product liability and
toxic tort litigation, as well as contract and business/commercial disputes. He practice also includes litigation of matters involving the First and Fourteenth Amendment, state employment, civil rights and college and university law. She began her
practice in 1994 and is experienced in all aspects of civil litigation and appellate work. In addition to litigation services, Melissa
also advises clients in the area of product liability exposure, risk management and litigation avoidance. She is a member of the
Defense Research Institute and the National Association of College and University Attorneys. She was selected for inclusion the
The Best Lawyers in America® in the fields of Commercial Litigation, 2013-2014 and Education Law, Mass Tort Litigation –
Defendants, 2011-2014, and was selected for inclusion in the Kentucky Super Lawyers® in the field of Business Litigation, 2014.
• Cyrus v. Ingersoll-Rand, et al., Greenup (Co., Kentucky) Circuit Court. Summary judgment granted in asbestos products liability action based on failure to prove exposure to defendant’s product was a substantial contributing factor in causing
Plaintiff’s decedent’s illness and subsequent death.
• Watkins v. 3M, et al., U.S.D.C for the Western District of Kentucky at Lexington. Dismissal of products liability action alleging toxic brain injury caused by exposure to allegedly unsafe levels of benzene in adhesive products.
• Hancock v. Seats, Inc., et al., U.S.D.C. for the Western District of Kentucky at Louisville. Successfully negotiated resolution
of products liability claim alleging defective manufacture and design of industrial lawn mower.
Product Experience
•
•
•
•
•
•
•
•
•
Asbestos
Automobiles
Equipment
Equipment
Equipment and Goods
• Firearms
Devices
• Food Products
Equipment
• Locomotives and Locomotive
Equipment
Medications
• Power Tools
• Roofing Systems
• Tires
Transportation
Education
• 1994, J.D., University of Louisville School of Law
• 1990, B.A., Journalism, University of Southern Indiana, cum laude
®
29
McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch LLC
LOUISIANA
Keith W. McDaniel is a shareholder at McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch. Since his admission to practice,
Mr. McDaniel has devoted his practice to representing manufacturers and distributors in products liability lawsuits and in
handling sophisticated tort litigation. He has defended manufacturers of products from the automotive, home product, industrial/construction machinery and medical device industries. In addition to acting as lead trial counsel throughout Louisiana
and other states in the gulf south, he has served on regional and national trial teams coordinating litigation for clients. He has
also defended clients in asbestos, toxic tort, environmental, transportation and agricultural matters.
Keith W. McDaniel
McCranie, Sistrunk,
Anzelmo, Hardy,
McDaniel & Welch, LLC
195 Greenbriar Boulevard
Suite 200
Covington, LA 70433
(504) 831-0946 Office
(800)977-8810 Fax
[email protected]
www.mcsalaw.com
• Jack B. Harper Contractor, Inc. v. United Fiberglass of America, Inc. et. al. – U.S.D.C. Eastern District of Louisiana. Following
a three-week jury trial, favorable result received for Prime Conduit, Inc., the manufacturer of certain components used in
a multi-million dollar highway construction project to install an Intelligent Traffic System.
• Peters v. Nissan Forklift Corporation –U.S.D.C. Eastern District of Louisiana. Defense verdict in a trial against the manufacturer of material handling equipment. Plaintiff suffered total disability and sought approximately $2 million in damages.
• Leray v. Nissan North America, Inc. –17th Judicial District Court for the Parish of Lafourche, Louisiana. Defense verdict following three week trial against the manufacturer of a truck. Plaintiff, who suffered quadriplegia, alleged defects in the vehicle’s roof, restraint and braking systems. The jury assessed total damages of $18 million against absent parties.
• Monroe Welding Supply, Inc. v. IWATSU America, Inc. – 4th Judicial District Court for the Parish of Ouachita, Louisiana.
Defense verdict following two week trial against the manufacturer of a telephone system. Plaintiff alleged that a fire originated in the control box of the system which destroyed a welding supply business, including its storefront, office and
warehousing areas for a total loss in excess of $2 million.
• “Representing the Foreign Manufacturer To Kiss, Bow or Shake Hands,” USLAW Network Client Conference, Phoenix, AZ,
March 2011
• “Recent Developments in the Products Liability Arena,” USLAW Network Conference, London, England, February 2011
• “Emerging Issues in Motor Vehicle Product Liability Litigation,” ABA, Phoenix, AZ, April 2010
• “Expert Defense Strategies for Singled-Out Vehicles and Media-Focused Issues,” American Conference Institute’s Premier
Forum on Defending and Managing, Automotive Product Liability Litigation, Chicago, IL, November 2008
Product Experience
•
•
•
•
•
•
•
•
•
•
Asbestos
Automobiles
Beverage Containers
Pleasure)
Equipment
Equipment
Equipment and Goods
•
•
•
•
•
•
•
•
•
•
•
Cosmetics
Devices
Hand Tools
Ladders
Equipment
Lifting Equipment
Vehicles
Medications
• Power Tools
and Safety Devices
• Tires
Transportation
Education
• 1985, J.D., University of Mississippi, Member, Order of the Barristers (1984-1985)
• 1983, B.A., Chemistry, University of Mississippi
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30
McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch LLC
LOUISIANA
Lance Williams focuses his practice on defending product liability, mass tort, professional malpractice, and toxic tort litigation. His product liability experience has involved representation of manufacturers in the automotive, heavy machinery, industrial equipment, home product and medical device industries. With an emphasis on preparing cases and taking them to trial,
Mr. Williams has tried cases for automotive manufacturers nationwide. Along with the other members of McCranie, Sistrunk,
Mr. Williams has helped forge much of the favorable jurisprudence in Louisiana interpreting the Louisiana Product Liability Act,
with reported decisions in every appellate court in Louisiana.
Lance B. Williams
McCranie, Sistrunk,
Anzelmo, Hardy,
McDaniel & Welch, LLC
195 Greenbriar Boulevard
Suite 200
Covington, LA 70433
(504) 831-0946 Office
(800) 977-8810 Fax
[email protected]
www.mcsalaw.com
• Lawson v. Mitsubishi Motor Sales of America – Calcasieu Parish, Louisiana. Defense verdict after two week trial against the
manufacturer of a motor vehicle. Plaintiff injured both hands and underwent surgery when the airbag in her vehicle unexpectedly deployed as she honked her horn. Plaintiff alleged manufacturing defects and insufficient warnings.
• Duet v. Ford – Lafourche Parish, Louisiana. Defense verdict after a one week trial against the manufacturer of a motor vehicle. Plaintiff was injured and underwent a discectomy and cervical fusion because of an accident. She alleged the vehicle was defective because her airbag did not deploy in the accident.
• Shicksnider v. Ford – Lafourche Parish, Louisiana. Defense verdict after a one week trial against the manufacturer of a
motor vehicle. Plaintiff was injured and underwent a cervical fusion because of the accident. She alleged the vehicle was
defective because her airbag did not deploy.
• “Handling Friction: Developments in Asbestos Litigation,” American Bar Association – TIPS Emerging Issues In Motor
Vehicle Products Liability Litigation Seminar, Scottsdale, Arizona, March 2012
• “USLAW Product Liability 5 Minute Drill,” USLAW Network Client Conference, Scottsdale, Arizona, February 2011
• “Who’s On The Line? What to do with Evidence of Cell Phone Use,” 2010 ACI Automotive Product Liability Conference,
Chicago, Illinois, September 2010
• “Evidence of Other Claims or Lawsuits,” USLAW Network Client Conference, Miami, Florida, March 2010
• “Warning! A Review of ANSI Requirements for Warnings,” USLAW Network Client Conference, Miami, Florida, March 2010
• “A View from the Bench,” Moderator of Federal Judicial Panel, 2009 ACI Automotive Product Liability Conference, Chicago,
Illinois, June 2009
Product Experience
•
•
•
•
Asbestos
Automobiles
Equipment
Equipment
Equipment and Goods
Devices
• Food Products
• Furniture
• Hand Tools
Equipment
•
•
•
•
•
•
•
•
Lifting Equipment
Power Tools
Roofing Systems
Scaffolding
Tires
Windows
Education
• 1994, J.D., Louisiana State University
• 1991, B.A., Tulane University
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31
MAINE
Attorney Large’s focus is trial work: jury trials, court trials, arbitrations and regulatory proceedings. He has been trying cases in
Maine for more than 25 years.
His cases have not been limited by subject matter, but have included the defense of product liability claims including automobiles, consumer products, ladders, and industrial machinery.
Attorney Large has been recognized as a Fellow of the American College of Trial Lawyers, has been elected to the American
Board of Trial Advocates, and has been Certified as a Civil Trial Advocate by the National Board of Trial Advocacy.
Wendell G. Large
Richardson, Whitman,
Large & Badger
465 Congress Street
Portland, ME 04112
(207) 774-7474 Office
(207) 774-1343 Fax
(207) 838-0891 Cell
[email protected]
www.rwlb.com
Product Experience
• Automobiles
Equipment and Goods
• Food Products
• Ladders
• Scaffolding
• Tires
Education
• 1978, J.D., University of Virginia School of Law
• 1975, A.B., University of North Carolina at Chapel Hill, with honors
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32
MAINE
Over the past 30+ years, on average, roughly 20% of John Whitman’s practice has been product liability defense. The breadth of
that practice is suggested by the list of product experience listed below. John’s practice has not focused on any one type of product, but he has had multiple cases involving automobiles; consumer products and appliances; industrial machinery; ladders;
lawnmowers; motorcycles and recreational vehicles; and power tools.
John S. Whitman
Richardson, Whitman,
Large & Badger
465 Congress Street
P.O. Box 9545
Portland, ME 04112
(207) 774-7474 Office
(207) 774-1343 Fax
(207) 712-6240 Cell
[email protected]
www.rwlb.com
• Maine Superior Court. Printing company employee was killed when her head was crushed in an industrial printing press
manufactured in Japan. Settled the case for a token amount.
• U.S. District Court, Rhode Island. Serious injury resulting from ladder accident. Defended an extension ladder manufactured in Mexico. Persuaded plaintiff’s counsel to dismiss the case at close of discovery.
• Massachusetts Superior Court and Massachusetts Appeals Court. Failure of enormous stormwater pumping plant during
heavy rainstorm resulted in flooding of Boston’s South End, resulting in millions of dollars’ worth of residential and commercial property damage claims, and eight consolidated multi-party lawsuits. Defended solenoid valve alleged to be the
cause of the failure of the pumps. After ten years of litigation, won summary judgment in superior court, upheld by
Appeals Court.
Product Experience
• Automobiles
Pleasure)
Equipment and Goods
Devices
• Food Products
• Ladders
Equipment
Vehicles
• Power Tools
• Scaffolding
Education
• 1972, J.D., Harvard Law School
• 1967, B.A., Harvard College
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33
MARYLAND
Ms. Dwyer’s product liability experience spans 15 years and comprises roughly thirty percent of her practice. Her primary focus
has been on construction and property related equipment and claims. She has represented manufacturers, distributors and
suppliers of construction equipment, materials, and systems, as well as medical devices and a variety of other commercial and
consumer product cases, including class action and multi-district litigation.
Ami C. Dwyer
2 North Charles Street
Suite 600
Baltimore, MD 21212
(410) 230-3635 Office
(410) 752-6868 Fax
(443) 286-6880 Cell
[email protected]
www.fandpnet.com
• Royal v. Eastern Homes – Lead defense counsel defending retailer and installer of manufactured homes in class action litigation. The case involved contract, tort, warranty and consumer protection claims and was resolved by way of a confidential global settlement.
• Kent v. Aileron Center – Defended manufacturer of commercial heating equipment in litigation by multiple claimants
claiming carbon monoxide exposure. Successfully negotiated resolution with multiple defendants without resorting to trial.
• Mount Vernon Development Group v. WKR Consulting – Defended concrete block manufacturer in case involving the failure of a large retaining wall. Suit was resolved with negotiated settlement among multiple defendants.
Product Experience
Equipment
Equipment
Equipment and Goods
Devices
Vehicles
• Roofing Systems
Education
• 1995, J.D., University of Baltimore School of Law
• 1992, B.A., English and Writing, Loyola University, Baltimore
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34
MINNESOTA
Mark A. Solheim
2800 Wells Fargo Place
30 East Seventh Street
St. Paul, MN 55101
(651) 312-6500 Office
(651) 312-6618 Fax
(651) 253-9950 Cell
[email protected]
www.larsonking.com
Mark Solheim has extensive trial experience representing corporations, insurance companies and policyholders in Federal,
State and Administrative Courts. Mark’s trial work focuses on litigation of product, professional, utility and transportation liability matters. In addition, he serves as National Coordinating Counsel for clients throughout the country. Mark is a partner at
Larson • King.
Mark has served in leadership positions for state and national defense organizations for many years. Mark serves as a Board
Member (2003-2007), and as an Officer (Secretary 2008, Treasurer 2009, Vice-President 2010, and President 2011) of the
Minnesota Defense Lawyers Association; as Chair of the DRI Trial Tactics Committee (2006-2008); as Co-Chair of the MDLA
Nursing Home & Assisted Living Committee (2006) and as Chair of the USLAW Network (2008); Member, DRI Law Institute
Committee (2008 - present).
• Christians vs. Xcel. Electrical contact. Defense Verdict.
• Simonson vs. Comfort Gardens. Ventilator Dependent Plaintiff. Defense Verdict.
• Vang v. Cooper Tire. Quadriplegic Defense Verdict.
• “A Call For A Purposive Approach To The Application Of The Reallocation Provisions of Minnesota’s Joint and Several
Liability Statute,” Minnesota Defense Lawyers Magazine, Winter 2009
• “The Attorney-Client Privilege Primer,” DRI’s Trial Tactics Defense Litigation Manual, 2006
• Co-Author “Understanding Toxicology: Defense of Alcohol Related Negligence Claims,” For The Defense, 1996
• Co-Author “Psychological & Damages From Toxic Substances: Problems & Solution,” Defense Counsel Journal, 1993
Product Experience
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Asbestos
Automobiles
Beverage Containers
Pleasure)
Breast Implants
Equipment
Equipment
Equipment and Goods
Cosmetics
• Firearms
Devices
• Food Products
• Furniture
• Hand Tools
• Ladders
Equipment
Equipment
Vehicles
Medications
• Power Tools
and Safety Devices
• Roofing Systems
• Scaffolding
• Swimming Pools
• Tires
Transportation
• Windows
Education
• 1990, J.D., Hamline University School of Law, cum laude, Silver Gavel National Honor Society
• 1988, B.A., Hamline University, cum laude, Pi Gamma Mu National Honor Society
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35
MINNESOTA
Dan Adams, a partner with Larson • King, concentrates his civil and commercial practice on representing clients in complex
product liability, toxic tort and mass liability litigation and policyholders in insurance coverage disputes. He has acted as national coordinating counsel and trial counsel for manufacturers and has appeared in federal and state courts throughout the
country.
Daniel C. Adams
St. Paul, MN 55101
(651) 312-6500 Office
(651) 312-6618 Fax
(651) 261-8617 Cell
[email protected]
www.larsonking.com
• Dan has defended national corporate manufacturers in multiple federal and state jurisdictions in product liability, mass
tort and pattern litigations. He has successfully resolved matters involving thousands of plaintiffs and claims for tens of
millions of dollars.
• Activities in representative cases included appearance at trials; argument of substantive motions; preparation/presentation of key corporate and expert witnesses in areas of medicine, science, engineering principles, statistics, crashworthiness, human factors, industrial hygiene, chemical properties and damages, and development of tactical and strategic
plans leading to successful disposition of thousands of claims through dismissal or negotiated resolution.
• Issues involved included defense of design/manufacturing claims related to defects; negligence; failure to warn; post-sale
duty to warn; development and implementation of quality control plans; compliance with federal and state regulations;
spoliation of evidence; fraud on individuals and government entities; specific and general causation; and medical outcomes. Has also defended and prosecuted contractual claims related to product performance.
Product Experience
• Asbestos
• Automobiles
Pleasure)
Equipment and Goods
•
•
•
•
•
Lifting Equipment
Vehicles
Medications
and Safety Devices
Transportation
Education
• 1984, J.D., Seton Hall University
• 1982, Exeter University, England
• 1978, B.A., Colgate University
®
36
MINNESOTA
Tony’s products practice involves the defense of product design and manufacturing claims in regionally and nationally. For
nearly a decade, Tony has acted as both national counsel and trial counsel for manufacturers and has appeared in federal and
state courts throughout the country. Tony is also active with several defense bar organizations, including DRI’s products liability
committee, where he serves on the steering committee, and with the Minnesota Defense Lawyer’s products committee, where
he serves as vice chair.
Prior to practicing law, Tony worked as a corporate auditor with a major public accounting firm where he served several
widely held, publicly traded clients. Tony puts his accounting background to use in handling financial disputes and other complex commercial matters. Tony graduated cum laude from the University of Minnesota Law School.
Anthony J. Novak
St. Paul, MN 55101
(651) 312-6571 Office
(651) 312-6618 Fax
(651) 253-6452 Cell
[email protected]
www.larsonking.com
• Vang v. Cooper Tire: Design Defect case; Quadriplegic. Defense Verdict
• Jacobson v. Affinia: Design Defect; evidentiary hearing; Defense Verdict
• “New Developments in Minnesota Comparative Fault Law,” Panel Speaker, MDLA Products Liability Committee, July 2013
• “Clearing the Weeds: Artful Expert Witness Depositions,” Webcast Presenter, DRI Trial Tactics Committee, May 2012
• “How to Defend a Product with a “History”, presenter, DRI Product Liability Conference: Product Liability in the 21st
Century,” Las Vegas, April 2012
• “Evaluation of Economic Loss Claims,” presenter, MDLA Trial Techniques Seminar, Duluth, 2011
• “Taking Control of the Wheel: Navigating Litigation Your Way on a Road of Difficult Witnesses and Opposing Counsel,”
MDLA Mid-Winter Conference, February 2009
• “The Collateral Source Rule: A Compendium of State Law,” Author (MN) and Regional Editor, 2012
• “Navigating Seller’s Exception Statutes,” For the Defense, February 2009
• “Class Action Shake Out: CAFA and the Defense of Products Liability Actions,” For the Defense, December 2005
Product Experience
• Asbestos
Equipment
Equipment and Goods
• Food Products
• Hand Tools
Education
• 2005, J.D., University of Minnesota Law School, cum laude
• 2001, B.A., Accounting, University of St. Thomas, magna cum laude
®
37
Carr Allison
MISSISSIPPI
Douglas Bagwell
Carr Allison
14231 Seaway Road
Building 2000, Suite 2001
Gulfport, MS 39503
(228) 864-1060 Office
(228) 864-9160 Fax
(228) 326-1049 Cell
(228) 896-8369 Home
[email protected]
www.carrallison.com
Doug Bagwell is a shareholder with Carr Allison in the Gulfport, Mississippi, office. Mr. Bagwell’s practice is focused primarily
at a trial level in the defense of civil litigation for insurers, insureds, and self-insured corporations in a variety of litigation including, but not limited to, issues involving bad faith, fraud/misrepresentation, coverage, premises liability, products liability,
professional liability, construction, automotive and trucking litigation accidents. Mr. Bagwell also does a significant amount of
state workers’ compensation and longshore and harbor workers’ litigation for both insurance carriers and self-insured companies. Mr. Bagwell is panel counsel in Mississippi for a number of major insurance companies and does statewide defense work
for a major trucking company in the State of Mississippi. Mr. Bagwell has an AV rating with Martindale-Hubbell. He is the primary contact for the Gulfport, Mississippi, office of Carr Allison. He is admitted to practice in all state courts in Mississippi;
United States District Courts for Northern and Southern Districts of Mississippi; and United States Court of Appeals for the
Fifth Circuit.
• None – all cases resolved by way of Summary Judgment or settlement.
Product Experience
• Automobiles
Equipment and Goods
• Food Products
Medications
Education
• 1986, J.D., University of Mississippi School of Law
• 1977, B.A., History and Anthropology, University of Southern Mississippi, highest honors
• 1972-1974, Millsaps College
®
38
Copeland, Cook, Taylor & Bush, P.A.
MISSISSIPPI
Mr. Baxter has been practicing law for 24 years and has had the opportunity to handle a wide variety of products liability cases.
He has defended cases for both manufacturers and sellers of products and is retained in many cases to represent companies
in products cases through liability insurers. Mr. Baxter has tried products liability jury trials in both state and federal courts in
the State of Mississippi.
Michael W. Baxter
Copeland, Cook, Taylor &
Bush, P.A.
1076 Highland Colony
Parkway
600 Concourse Building
Suite 100
Ridgeland, MS 39157
(601) 856-7200 Office
(601) 427-4997 Fax
(601) 842-8975 Cell
[email protected]
www.cctb.com
• Mr. Baxter’s trial experience has included trying cases for a large tire manufacturer, automobile cases and food products.
Mr. Baxter’s most recent products liability successes include dismissals on summary judgment that were affirmed on appeal in reported decisions. See, Smith v. Goodyear Tire & Rubber Co., 495 F. 3d 224 (5th Cir. 2007); Watson Quality Ford v.
Casanova, 999 So. 2d 830 (Miss. 2008)
• “USLAW Product Liability 8 Minute Drill,” USLAW Network Client Conference, Washington, DC, October 2012
Product Experience
• Automobiles
Equipment
Equipment and Goods
• Cosmetics
• Food Products
• Tires
Education
• 1988, J.D., University of Mississippi School of Law
• 1985, B.S., Delta State University
®
39
Lashly & Baer, P.C.
MISSOURI
Stephen L. Beimdiek has over 29 years of trial experience. He engages in all aspects of civil litigation and has over 50 cases successfully tried to verdict before state and federal courts in a number of different jurisdictions. Mr. Beimdiek's trial background
includes claims involving product liability, business/commercial, contract, personal injury, construction, medical malpractice, industrial accident, premises liability and consumer warranty. Specifically, with respect to product liability matters, Mr.
Beimdiek has handled claims involving automobile components, lighting fixtures, building products, resin spray guns, cranes,
water tower tanks, grain bins, printing presses, windows and traffic control devices. He earned his J.D. from Saint Louis
University School of Law.
Stephen L. Beimdiek
Lashly & Baer, P.C.
714 Locust Street
St. Louis, MO 63101
(314) 436-8303 Phone
(314) 621-6844 Fax
(314) 753-8086 Cell
(314) 367-7378 Home
[email protected]
www.lashlybaer.com
•
•
•
•
•
•
•
•
•
•
•
Santangelo v. General Motors Corp., 769 S.W.2d 202 (Mo. App. 1989)
Estate of Bischof, 770 S.W.2d 474 (Mo. App. 1989)
Johnson Group, Inc. v. Beecham, Inc., 952 F.2d 1005 (8th Cir. 1991)
Nichols v. The Prudential Ins. Co., 851 S.W.2d 657 (Mo. App. 1993)
Rauscher v. General Motors Corp., 905 S.W.2d 158 (Mo. App. E.D. 1995)
Barnes v. The Prudential Ins. Co., 76 F.3d 889 (8th Cir. 1996)
Schwartz v. Custom Printing Co., 926 S.W.2d 490 (Mo. App. E.D. 1996)
In re Estate of Hayes, 941 S.W.2d 630 (Mo. App. E.D. 1997)
Dean v. St. Anthony's Medical Center, 978 S.W.2d 423 (Mo. App. E.D. 1998)
Ming v. General Motors Corporation, 81 F.Supp. 2d 956 (E.D. Mo. 1999)
Ming v. General Motors Corporation, 195 F.3d 342 (8th Cir. 1999)
Product Experience
• Automobiles
Equipment
Equipment
Equipment and Goods
Devices
•
•
•
•
•
•
Lifting Equipment
Roofing Systems
Windows
Education
• 1985, J.D., Saint Louis University
• 1981, B.A., Political Science, Tulane University
®
40
Davis, Hatley, Haffeman & Tighe, P.C.
MONTANA
Max Davis has 30-plus years of experience handling a wide variety of products claims involving pharmaceutical, medical device,
consumer, commercial and agricultural implement products. Representative clients include Johnson & Johnson, Bridgestone
Americas Tire Operations, MacDon Industries and Sunbeam. Thirty percent of his practice is devoted to products cases.
Maxon R. Davis
Davis, Hatley, Haffeman
& Tighe, P.C.
P.O. Box 2103
Great Falls, MT 59403-2103
(406) 761-5243 Office
(406) 761-4126 Fax
(406) 788-3450 Cell
[email protected]
www.dhhtlaw.com
Product Experience
•
•
•
•
Automobiles
Equipment and Goods
•
•
•
•
Medications
• Tires
Education
• 1976, J.D., University of Montana School of Law, with high honors
• 1972, A.B., University of California – Berkeley
®
41
Baird Holm LLP
NEBRASKA
Jill Ackerman has general litigation experience including advising and defending clients with regard to forklifts, acetone nail polish remover, penta-wood treatment, children’s toy, windows, and sliding doors. She also has significant experience using
Daubert to strike or limit expert testimony.
Jill Robb Ackerman
Baird Holm LLP
1500 Woodmen Tower
1700 Farnam Street
Omaha, NE 68102
(402) 636-8263 Office
(402) 344-0588 Fax
(402) 676-6233 Cell
jrackerman@baird
holm.com
www.bairdholm.com
• Zastera v. Raymond Corporation, US Dist. Ct. NE – Defense Jury Verdict – (Forklift was misused)
• Farber v. Lok Logs Inc., Nebraska State Court – Summary Judgment – Statute of Repose (Penta)
• Confidential settlement of two children burned from misuse of acetone nail polish remover.
• “Product Safety Crackdown – Sweeping CPSA Changes Impact Marketing, Shipping, Quality,” USLAW Magazine,
Spring/Summer 2009
Product Experience
• Cosmetics
• Windows
Education
• 1984, J.D., Creighton University School of Law, summa cum laude
• 1976, B.S., Northern Arizona University, magna cum laude
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42
Baird Holm LLP
NEBRASKA
Ms. Tricker has been involved with product liability litigation since 2004. In that time, she has represented clients which manufacture a range of products, including medical devices, plumbing fixtures, doors, windows, and over-the-road tractors. Ms.
Tricker devotes approximately 50% of her time to the defense of product liability claims.
Jennifer D. Tricker
Baird Holm LLP
1500 Woodmen Tower
1700 Farnam Street
Omaha, NE 68102
(402) 636-8348 Office
(402) 344-0588 Fax
(402) 660-6313 Cell
[email protected]
www.bairdholm.com
• Ms. Tricker recently successfully argued to have her medical device client dismissed very early on in a products liability
lawsuit after it was determined that there was no possible way plaintiff could prove that the client manufactured the specific medical device at issue in the litigation.
Product Experience
• Automobiles
Equipment
Equipment and Goods
Transportation
• Windows
Education
• 2004, J.D., University of Nebraska College of Law, with distinction, Order of the Coif
• 1998, B.A., Gustavus Adolphus College
®
43
Thorndal Armstrong Delk Balkenbush & Eisinger
NEVADA
Stephen Balkenbush has been defending product liability law suits for over 25 years. The majority of these cases have involved
industrial equipment, mining equipment and consumer products.
Stephen C.
Balkenbush
6590 S. McCarran Blvd.
Suite B
Reno, NV 89509
(775) 786-2882 Office
(775) 786-8004 Fax
(775) 741-7693 Cell
[email protected]
www.thorndal.com
• Lake Crest Homes, Inc., et al. v. Precision Brass Services, et al. – This case involved the suitability of a faucet which allegedly
flooded an expensive home while the homeowners were out of town. This matter was settled during trial for a small contribution by my client.
• DMC Mining Services v. Noel, et al. – This case involved the death of two miners and alleged faulty design and failures of an
aggregate delivery system in an underground mine in Nevada. We obtained dismissal of our client by establishing that the
system designed by our clients was not properly installed by the mining company.
• James Vivian, et al. v. Master Protection Corporation, et al. – This matter involved the death of a haul truck driver at an open
pit gold mine in northern Nevada. We were able to establish that there was nothing wrong with the fire protection system
designed and installed by our client and obtain dismissal of our client.
Product Experience
• Automobiles
Pleasure)
Equipment and Goods
Devices
Equipment
Medications
• Power Tools
• Roofing Systems
• Swimming Pools
Transportation
Education
• 1978, J.D., California Western School of Law, Cum Laude
• 1975, B.S., University of Colorado
®
44
NEVADA
Mr. Lund is the primary senior associate handling product liability matters for Thorndal Armstrong. Since 2008, 40 percent of
Mr. Lund’s practice has been devoted to defending manufacturers, suppliers, and their insurers in product liability litigation.
Mr. Lund’s representation of clients in product liability matters has yielded successful resolution prior to trial through summary
judgment, indemnity, favorable settlement, or arbitration awards in favor of the defense.
Kenneth R. Lund
1100 East Bridger Avenue
Las Vegas, NV 89101
(702) 366-0622 Office
(702) 366-0327 Fax
(702) 539-7008 Cell
[email protected]
www.thorndal.com
Product Experience
• Asbestos
• Automobiles
Equipment
Equipment
Equipment and Goods
• Food Products
• Furniture
Vehicles
•
•
•
•
Tires
Transportation
• Windows
Education
• 2006, J.D., University of Utah, S.J. Quinney College of Law, Salt Lake City, Utah
• 2002, B.S., Brigham Young University, Provo, Utah
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45
NEVADA
For over 20 years, Brian K. Terry has engaged in the practice of product liability. The firm has been so engaged for almost 40 years.
Areas of focus include medical devices, plumbing fixture materials and related products, hose connections of all types including gas, natural gas, propane, etc., scooters used by the elderly and disabled, automotive repair equipment, home furniture,
cranes used in heavy construction, elevators and related component parts, home appliances, cosmetics, mining equipment and
others. Of his current practice, 20% to 25% is in the product arena. A partner at Thorndal Armstrong Delk Balkenbush & Eisinger
deals with aircraft failures.
Brian K. Terry
1100 East Bridger Avenue
Las Vegas, NV 89101
(702) 366-0622 Office
(702) 366-0327 Fax
(702) 460-3845 Cell
[email protected]
www.thorndal.com
• The most recent case involves a cableway system used for the construction of a bridge. Mr. Terry represented the cableway
manufacturer. It was alleged the system was defective by poor design and was unable to handle the lifting capacities as required by contrast. The system failed in high winds, resulting in significant delays to the bridge construction, under federal contract. Claims were in excess of 70 million dollars. Matter was tried for over two months, with a determination that
the manufacturer prevailed on its contract claims, while the general contractor did not prevail.
• The next case involved a scooter used by the disabled. Allegations were made that the product was deficient in warnings
and design. When being used, the scooter allegedly did not stop while approaching an elevator, resulting in plaintiff pushing through the elevator doors and falling into the elevator shaft. No trial, as the matter was defended on motion, with the
case dismissed.
• In the next case Brian represented a product manufacturer of premium hose connectors. The allegations were the product
failed, starting a fire which consumed and burned down a restaurant. The matter was litigated up to the point of expert
disclosures, where upon plaintiff was finally convinced the theory of liability was in error, and the matter was dismissed
pursuant to stipulation.
• I have spoken on several occasions regarding product liability trends in Nevada to claim adjusters and their respective
clients.
Product Experience
Asbestos
Automobiles
Beverage Containers
Building and Construction Equipment
Equipment
Equipment and Goods
Cosmetics
Furniture
Lifting Equipment
Mining Equipment
Tires
Education
• 1987, J.D., Northwestern School of Law, Lewis and Clark College
• 1980, B.A., Brigham Young University
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46
Gallagher, Callahan & Gartrell
NEW HAMPSHIRE
R. Matthew Cairns
Gallagher, Callahan &
Gartrell
214 North Main Street
Box 1415
Concord, NH 03302-1415
(603) 545-3622 Office
(603) 224-7588 Fax
(603) 496-0864 Cell
[email protected]
www.gcglaw.com
Matt Cairns has 26 years experience representing individuals, insurers, manufacturers, transportation and other companies in
diverse products, commercial, complex and traditional litigation in state and federal courts and state agencies. Matt also serves
as general counsel to several closely held businesses and is experienced in general corporate and municipal representation
and risk management training.
Matt is an active member, award recipient, and former president of DRI – The Voice of the Defense Bar. He has been named
a “Super Lawyer” for products liability defense for the past 6 years and is included in Best Lawyers in America® for Construction
Litigation, Labor & Employment Litigation, Municipal Litigation and Personal Injury Litigation. He is the only NH lawyer listed
in International Who’s Who of Business Lawyers 2012 under Product Liability Defense. His other affiliations include the
Federation of Defense and Corporate Counsel, International Association of Defense Counsel, and National Foundation for
Judicial Excellence.
• Jenks v. Textron Inc., U.S. District Court, New Hampshire, July 2012. Inadequate warnings case.
• Other matters resolved before or during trial
• Trial Academy, International Association of Defense Counsel, Stanford University, July 2013
• Litigation Management College, Federation of Defense and Corporate Counsel, Emory University, June 2013
• “Developing Principles for Choosing, Evaluating, and Retaining State Court Judges,” Institute for the Advancement of the
American Legal System (IAALS) Quality Judges Initiative, February 2012
• “Strategies for dealing with Medicare Secondary Payer (MSP) issues in litigation,” Louisiana Association of Defense
Counsel’s Annual Defense Lawyers’ Seminar, December 2011
• “Choosing and Preparing the In-House Engineer to Testify,” USLAW Network Client Conference, April 2011
• “Electronic Discovery,” Federal Practice Institute, December 2002
• “Banks and Credit Unions Should Take ATM Patent Infringement Claims Seriously: A Primer on Automated Transactions
LLC’s Claim of Patent Infringement by ATMs,” www.gcglaw.com, June 2012
• “A Primer on Using Temporary or Seasonal Workers in Your Business,” USLAW Network Client Conference, April 2010
• “Products Liability Defenses: A State by State Compendium: New Hampshire,” The DRI Defense Library Series, 2004, revised 2007
• “Laying the Groundwork for a Daubert Challenge to a Design and Warnings Expert,” IADC Products Liability Newsletter,
December 2005
Product Experience
• Automobiles
Equipment
Equipment and Goods
• Firearms
Devices
• Food Products
• Furniture
• Hand Tools
Medications
and Safety Devices
• Scaffolding
Education
• 1986, J.D., Case Western Reserve University School of Law, Cleveland, OH, cum laude
• 1983, B.A., History and International Relations, Brown University, Providence, RI
®
47
Modrall Sperling
NEW MEXICO
Jennifer has litigated product liability cases since 1999, and has been involved in litigation involving many different kinds of
products, including: over the counter and prescription drugs, medical devices, surgical instruments, construction materials, and
vehicles/vehicle components. Jennifer has represented manufacturers, retailers, and healthcare providers in these matters.
Jennifer G. Anderson
Modrall Sperling
500 4th Street NW
Suite 1000
Albuquerque, NM 87102
(505) 848-1809 Office
(505)848-9710 Fax
(505) 264-8718 Cell
(505) 292-6557 Home
Jennifer.Anderson@
modrall.com
www.modrall.com
• Although Jennifer has been involved in numerous evidentiary hearings in these matters, none of them have ever
progressed to trial.
Product Experience
• Asbestos
• Automobiles
Equipment
Equipment and Goods
Vehicles
Medications
• Tires
Education
• 1997, J.D., University of Michigan Law School, cum laude
• 1992, B.S., Political Science, Santa Clara University, magna cum laude, Phi Beta Kappa, Pi Sigma Alpha
®
48
Modrall Sperling
NEW MEXICO
Timothy C. Holm
Modrall Sperling
500 4th Street NW
Suite 1000
(505) 848-1817 Office
(505)848-9710 Fax
(505) 264-8734 Cell
Timothy.Holm@
modrall.com
www.modrall.com
Timothy Holm has more than twenty-five years of experience in civil litigation. His practice is focused on class action and mass
torts, product liability litigation (including medical devices, pharmaceutical products, dietary supplements, heating and ventilation products, and other products). He is experienced in trials, evidentiary hearings and administrative proceedings. In addition, he is skilled in pre-trial practice and in obtaining 12 (b)(6) dismissals and summary judgments.
Tim has been recognized by Best Lawyers in America®since 2009 in the areas of products liability litigation, mass tort litigation, and railroad law. In 2013, Best Lawyers in America®named him Lawyer of the Year, Albuquerque, in Mass Tort
Litigation/Class Action-Defendants. Benchmark Litigation has named him a Local Litigation Star in 2013 and Tim is MartindaleHubbell AV® Preeminent Peer Review Rated. Tim received recognition from Southwest Super Lawyers in 2013. He is active in
Defense Research Institute (DRI), International Association of Defense Counsel (IADC) New Mexico Defense Lawyers
Association, USLAW Network and is a member of the Local Civil Rules Committee of the U.S. District Court for the District of
New Mexico.
• Dismissal with prejudice of products liability action against manufacturer of space heaters alleging carbon monoxide
poisoning.
• Summary judgment in favor of pharmaceutical company in wrongful death case, upheld on appeal, confirming that the
discovery rule does not apply to wrongful death actions under New Mexico wrongful death statute.
• 12 (b) (6) dismissal of certain claims against national pharmaceutical company brought by Attorney General.
• Legal Malpractice State of New Mexico, 50 State Survey of Legal Malpractice Law published by American Bar Association,
New Mexico chapter co-authored with Charles Armgardt and Kenneth L. Harrigan, 2012
• New Mexico Section, Legal Malpractice Law, 2012 edition
• New Mexico Section, ABA Practitioner’s Guide to Class Actions, 2010
• “Employer Liability for Employee Actions: Derivative Negligence Claims in New Mexico,” USLAW Transportation Law
Compendium, March 2009
• “New Mexico Court of Appeals Rejects Discovery Rule in Wrongful Death Act Claims,” Website article, 2004
Product Experience
•
•
•
•
Automobiles
Breast Implants
Equipment
Equipment and Goods
Medications
Education
• 1987, J.D., University of North Carolina School of Law, Order of the Coif
• 1984, B.A., History and Political Science, University of North Carolina, Phi Beta Kappa, Phi Eta Sigma
®
49
Modrall Sperling
NEW MEXICO
Alex has substantial experience handling products liability cases, and regularly defends manufacturers and retailers in litigation over medical device failures, prescription drug injuries and other products-related litigation, as well as various other types
of personal injury and wrongful death claims.
Alex has an AV rating from Martindale, was selected as a Future Litigation Star in New Mexico by Benchmark Litigation in their
2012 and 2013 editions, and was named a Southwest Rising Star 2012 by Southwest Super Lawyers®. He is an active member
of the New Mexico Defense Lawyers Association and has served on their Editorial Board since 2004. He is also a member of the
Defense Research Institute.
Alex C. Walker
Modrall Sperling
500 4th Street NW
Suite 1000
(505) 848-1861 Office
(505)848-9710 Fax
[email protected]
www.modrall.com
• Judgment on behalf of major drug manufacturer in a wrongful death action brought by relatives of user who committed
suicide, allegedly as a result of her use of the manufacturer’s prescription medication. Case involved Buckman and Conte
issues, as the decedent used – at different times – both branded and generic versions of the medication.
• Judgment for retail pharmacy in personal injury lawsuit regarding significant liver disease, culminating in transplant, allegedly resulting from use of ephedra containing weight-loss supplement. Judgment for client was premised on the plaintiffs’ inability to establish general/specific causation.
• Judgment in workplace toxic tort, chemical exposure case, where plaintiff alleged that he developed rhinitis as a result of
exposure to ammonium hydroxide fumes. Judgment for client obtained when plaintiff’s medical causation opinions were
excluded, leaving plaintiff unable to establish causation.
• Alex is a contributing editor for the Wolters Kluwer Product Liability Desk Reference: A Fifty-State Compendium, (removing
for the 2012 and the forthcoming 2013 edition) and has been responsible for drafting/editing the New Mexico chapter of
that publication.
Product Experience
• Asbestos
Equipment and Goods
Medications
• Tires
Education
• 2002, J.D., University of Texas
• 1997, B.A., Trinity University
®
50
NEW YORK
Mr. Ambrosino has practiced for over 20 years in the insurance defense field handling matters involving all types of claims for
damages and/or injuries. Throughout the years he has handled many different types of products liability cases including claims
for defective glass bottles, folding chairs, foldout furniture, cosmetics, and building pipes, couplings and sprinkler systems.
These products liability cases were within the context of personal injury and property damage claims. Mr. Ambrosino represented manufacturers and distributers/sellers of these products. These cases were defended to favorable resolution for the
client and insurers. Mr. Ambrosino handles litigation matters for a number prestigious commercial property owners and managers in the metropolitan New York area.
Vincent S. Ambrosino
Ahmuty, Demers &
McManus
199 Water Street
27th Floor
New York, NY 10038
(212) 513-7788 Office
(212) 513-7843 Fax
(516) 662-8100 Cell
vincent.ambrosino@
admlaw.com
www.admlaw.com
• Mr. Ambrosino represented a manufacturer of a Victaulic Coupling and distributer of a steel water pipe which failed in a
multimillion dollar property damage and personal injury action. A water standpipe ruptured in a NYC residential condominium building flooding an entire basement and causing a malfunction of an elevator with a passenger inside who sustained injuries and trauma as result. The products issues dealing with Mr. Ambrosino’s client involved an alleged defective
coupling and pipe that ruptured. The case was settled with a minimal contribution on the part of Mr. Ambrosino’s client.
Product Experience
Equipment
Equipment and Goods
• Cosmetics
Devices
• Furniture
Education
• 1991, J.D., Pace University
• 1988, B.S., Business, Finance & Management, Brooklyn College
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51
NEW YORK
Robert J. Hindman
Ahmuty, Demers &
McManus
640 Johnson Avenue
Suite 103
Bohemia, NY 11716
(631) 244-0219 Office
(631) 244-0250 Fax
robert.hindman@
admlaw.com
www.admlaw.com
In over 35 years of practice, Mr. Hindman has handled a wide variety of litigated matters, including numerous product liability cases. He has represented manufacturers of machinery, including wood chippers, and commercial heating and air conditioning equipment, swimming pool installers, pool liner manufacturers, bicycle manufacturers, middlemen in the chain of
product distribution and sales and has defended tainted food products cases for manufactures, retail stores and restaurants.
Mr. Hindman has handled cases to successful conclusion involving a snow mobile accident and a matter involving a power
washer.
Currently, Mr. Hindman represents a company in Japan that manufactured a fish skinning machine as well as handling the
defense of an employer involving serious hand injuries on a punch press machine. Further, current matters involve a manufacturer of a juicer that exploded, a toaster oven with manufacturing defects that caused injury and a case involving a conveyor
system at a warehouse involving alleged defects in the way the system was installed resulting in personal injuries.
• Mr. Hindman has handled various cases for York International involving commercial air conditioning equipment which
have been settled for nominal amounts prior to trial. In addition, he has handled swimming pool cases dismissed on summary judgment motions on behalf of pool installers and liner manufacturers.
Product Experience
Pleasure)
Equipment and Goods
Devices
• Food Products
• Hand Tools
Equipment
Vehicles
• Power Tools
• Swimming Pools
Education
• 1974, J.D., New York Law School
• 1969, B.A., City College of New York
®
52
NEW YORK
Kenneth Alweis has been defending product liability actions for more than 20 years. During that time he has represented manufacturers of a variety of products, including industrial and consumer goods, in both commercial and personal injury actions.
Ken has defended a significant number of actions involving fires that allegedly resulted from defective products. He devotes approximately 35 percent of his practice to product liability.
Ken holds the Martindale-Hubbell Peer Review Rating of AV Preeminent and has been recognized by Super Lawyers,
Corporate Counsel Edition and Upstate New York Super Lawyers.
Kenneth M. Alweis
5786 Widewaters Parkway
Syracuse, NY 13214
(315) 413-5400 Office
(315) 413-5401 Fax
(315) 491-5798 Cell
kalweis@goldberg
segalla.com
www.goldbergsegalla.com
• Succesfully defended manufacturer of roofing insulation where the claim was that “off-gassing” from the insulation led to
widespread roof leaks on a large municipal housing project.
• Successfully defended manufacturer of large notebook making machine in a personal injury action where the plaintiff was
seriously injured where a large roll of paper fell off the machine and struck the plaintiff. The claim was that the device designed to hold the paper lacked sufficient guarding and warnings and was otherwise defective.
• Speaker, “Product Liability: An Overview,” Central New York CPCU Society, 2008
• Presenter, “Product Libility Post-Kumho Tire,” New York State Bar Association, 1999
Product Experience
Equipment
Equipment
Equipment and Goods
• Hand Tools
•
•
•
•
•
Ladders
Lifting Equipment
Power Tools
Roofing Systems
Scaffolding
Education
• 1985, J.D., University of Buffalo Law School
• 1982, B.A., Economics, Binghamton University
®
53
NEW YORK
John P. Freedenberg
665 Main Street, Suite 400
Buffalo, NY 14203
(716) 566-5400 Office
(716) 566-5401 Fax
(716) 510-1487 Cell
jfreedenberg@goldberg
segalla.com
John Freedenberg, a partner in the firm, has concentrated his practice in products liability, catastrophic personal injury and intellectual property litigation for over 25 years. Jack serves as national coordinating counsel for two major manufacturers, and
has handled the defense of numerous products liability actions around the United States. These have included catastrophic personal injury cases and major fire damage cases, and have involved appliances, household products, controls, power generating and other heavy equipment, high-end products, lift trucks, electrical systems and aircraft engines. Jack has had the unique
opportunity to depose plaintiffs’ experts in a wide range of specialties, and has developed proven techniques for disqualifying
“junk science” purveyors under applicable rules of evidence. He utilizes cutting-edge technology and unique strategies in order
to, for example, enter into high/low agreements, and achieve the best possible outcome for clients. As a Certified Fire and
Explosion Investigator (CFEI – the largest fire investigator certification program in the world), Jack provides clients with a strong
competitive advantage in litigation involving damage and injury from fires. He has handled over 150 trials, 100 of them to verdict, and has had many summary judgments granted making trial unnecessary.
John holds the Martindale-Hubbell Peer Review Rating of AV Preeminent and has been recognized by the Best Lawyers in
America, Super Lawyers, Corporate Counsel Edition, Upstate New York Super Lawyers and Business First’s Who’s Who in Law.
• Gained the dismissal with prejudice of a putative class action lawsuit brought against a product manufacturer. Plaintiff
brought vague allegations, without providing specific details, that portable electric products manufactured by our client
following two previously conducted voluntary recalls still contained the alleged design defect that led to the recalls. She
brought nonspecific claims under state consumer-fraud statutes as well as for breach of express warranty, breach of the
implied warranty of merchantability, and unjust enrichment.
• Successfully defended a manufacturer against a $5.3 million product liability claim in which the plaintiff, the owner of a
bar that was destroyed by fire during a floor refinishing project, alleged that an intermittent spark from a brand-new product manufactured by our client caused the fire.
• Plaintiff was lying in a pop-up tent camper in a hurricane-force storm when she was seriously injured. Trial before jury
on failure to warn claim. The jury returned a verdict in favor of the defendants on December 13, 2006.
• Mr. Freedenberg represented a manufacturer in a product liability, high-risk injury trial and obtained a defense verdict.
The plaintiff was horribly burned from the waist up in an electrical accident.
• Presenter, “Flash! Tackling Questionable Origin and Cause Determinations in Flammable Vapor Fires,” DRI Fire Science
and Litigation Seminar, January 2013
• “Daubert v. Merrell Dow: A Decade of Developments in the Admissibility of Expert Testimony,” Defense Research Institute,
2004
• “The Rhode Island Nightclub Fire: Mass Tort and Federal Jurisdiction Implications,” Defense Research Institute, 2004
• “Defending the Catastrophic Burn Injury Case,” DRI, Fall 2002 (Presentation)
• Co-Editor in Chief, Products Liability in New York (Strategy and Practice), Second Edition, New York State Bar Association, 2012
• “Optional Features for the Safely-Designed Product – Defeating Claims Against the Manufacturer and Dealer,” DRI, Spring
2010 (Article and Presentation)
• “Frye ‘Em: Jury Psychology Can Undermine Plaintiff’s Expert Witnesses,” For the Defense, Defense Research Institute,
December 2007
• “Using Combustion Toxicology in the Defense of Fire Cases,” DRI, Fall 2006 (Article and Presentation)
Product Experience
•
•
•
•
•
•
•
•
•
•
•
Automobiles
Pleasure)
Equipment
Equipment
Equipment and Goods
Firearms
Devices
• Food Products
• Furniture
• Hand Tools
• Ladders
Equipment
Equipment
Vehicles
• Power Tools
and Safety Devices
• Roofing Systems
• Scaffolding
• Swimming Pools
• Tires
Transportation
• Windows
Education
®
• 1984, J.D., State University of New York at Buffalo School of Law
• 1981, B.S., State University of New York at Buffalo, magna cum laude
54
NEW YORK
Neil A. Goldberg
665 Main Street, Suite 400
Buffalo, NY 14203
(716) 566-5400 Office
(716) 566-5401 Fax
(716) 510-1486 Cell
ngoldberg@goldberg
segalla.com
Neil Goldberg has defended complex catastrophic cases across the United States for a number of New York Stock Exchange companies and has been practicing for over 30 years.
He is past president of the Defense Research Institute (DRI) and past president and board chairman of the Lawyers for Civil
Justice. He is the past chair of DRI’s Products Liability Committee as well as the past chair of the New York State Bar Association’s
Products Liability Committee. Mr. Goldberg is a member of the Executive Committee of the USLAW Network and is on the
Advisory Board of the Bureau of National Affairs’ (BNA) Product Safety & Liability Reporter. He is the editor-in-chief and a contributing author to Products Liability in New York, Strategy and Practice, second edition (2012).
Neil holds the Martindale-Hubbell Peer Review Rating of AV Preeminent and has been recognized by the Best Lawyers in
America, The International Who’s Who of Product Liability Defence Lawyers, The International Who’s Who of Insurance &
Reinsurance Lawyers, Super Lawyers, Corporate Counsel Edition, Upstate New York Super Lawyers. He has been named one of
the Top 50 New York Super Lawyers, Business First’s Legal Elite of Western New York; he has received the Defense Research
Institute: Distinguished Service Award, New York State Bar Association: Committee Chair of the Year Award; Distinguished
Service Award and is noted in Who’s Who in America, Who’s Who in American Law, Who’s Who Legal.
• Ongoing defense of a passenger airline in class action litigation involving catastrophic personal injury and death
• Coordinating the representation of a New York Stock Exchange manufacturer in the major zinc toxicity dental adhesive
cream multi district litigation
• Has regularly defended manufacturers at hearings before the CPSC over the past 20 years.
• Defended our client in a product liability case involving severe crush injuries that incurred when a dumpster fell off a
transport truck and fell on the plaintiff. Medical expenses were in excess of $220,000. The case was defended based on
plaintiff’s culpable conduct and the absence of the design defect alleged by plaintiff. A full reconstruction was performed
for the jury using video and Elmo technology.
• Trial of one of the longest televised trials in New York jurisprudence to a successful defense verdict.
• Plaintiff was lying in a pop-up tent camper in a hurricane-force storm when she was seriously injured. Trial before jury
on failure to warn claim. The jury returned a verdict in favor of the defendants on December 13, 2006.
• Trial of a double death alleged smoke detector defect case to verdict where there were over 1,500 alleged prior claims.
Damage limited to 25% of plaintiff’s prior demand.
• Trial of alleged muffler defect case resulting in third degree burns to 80% of plaintiff’s body. Case resulted in favorable settlement during trial.
• “The Use of Social Media to Defend the Catastrophic Case,” USLAW Regional Meeting, Dallas, TX, January 2011
• “Using the New Science of Jury Psychology to Win the Battle of the Experts in High Stakes Litigation,” 22nd Annual
Medical Device Defense Seminar, Bend, Oregon, June 2009
• “Products Liability from Emerging Markets,” Canadian Defence Lawyers Annual Meeting, Toronto, ON, June 2008
• “Avoiding Quality Assurance Breakdowns and Conducting a Swift and Effective Product Recall in the Event They Occur,”
American Conference Institute, Las Vegas, Nevada, February 2008
• Co-Editor in Chief, Products Liability in New York (Strategy and Practice), Second Edition, New York State Bar Association, 2012
• “Proactive, Long-Term Corporate Crisis Management: The Hunter, The Ostrich and The Spin Master,” USLAW Magazine,
Spring/Summer 2011
• “Are you Prepared? The CPSIA’s Searchable Consumer Product Incident Database,” USLAW Magazine, Fall/Winter, 2009
• “Through Regulations and in Court: The 2008 CPSIA Starts to Take Shape,” For The Defense, Defense Research Institute,
April 2009
• “Product Recalls Stir Public Sentiment,” USLAW Magazine, Spring/Summer, 2008
Product Experience
•
•
•
•
•
•
•
•
•
•
•
•
Automobiles
Beverage Containers
Pleasure)
Equipment
Equipment and Goods
Cosmetics
Firearms
Devices
• Food Products
• Furniture
• Hand Tools
• Ladders
Equipment
Equipment
Vehicles
• Power Tools
and Safety Devices
• Roofing Systems
• Scaffolding
• Swimming Pools
• Tires
Transportation
• Windows
Education
®
• 1973, J.D., State University of New York at Buffalo School of Law, cum laude
• 1969, B.A., State University of New York at Stony Brook, cum laude
55
Poyner Spruill LLP
NORTH CAROLINA
Randy has tried cases to verdict in ten North Carolina counties, as well as the Federal District Courts for the Middle and Eastern
Districts of North Carolina. He has defended product liability claims for 20 years including cases involving medical devices, prescription medications, food, industrial equipment, lawnmowers and elevators. Randy currently devotes approximately 20% of
his practice to product liability cases.
Randall R. Adams
Poyner Spruill LLP
130 S. Franklin Street
Rocky Mount, NC 27804
(252) 972-7094 Office
(252) 972-7045 Fax
(252) 903-5276 Cell
[email protected]
www.poynerspruill.com
Product Experience
• Automobiles
Equipment
Equipment and Goods
•
•
•
•
Food Products
Equipment
Medications
Education
• 1984, J.D., Wayne State University
• 1981, B.A., Miami University
®
56
Poyner Spruill LLP
NORTH CAROLINA
Since 1996, Steven B. Epstein has focused his practice on the defense of product manufacturers and sellers, with an emphasis
on automotive and aviation products, heavy machinery, and building products, including in mass accident, personal injury,
wrongful death, breach of warranty, property damage, and fire and explosion cases. He is national coordinating counsel for a
leading manufacturer of luxury motor coaches and inner-city transit buses and has represented clients in state and federal
courts in product liability cases from New York to California. Recognized since 2006 as a North Carolina “Super Lawyer” in
Litigation Defense, Mr. Epstein has served as Chair of the Product Liability Practice Group of the North Carolina Association of
Defense Attorneys and as Chair of the Litigation Section of the North Carolina Bar Association.
Steven B. Epstein
Poyner Spruill LLP
301 Fayetteville Street
Suite 1900
Raleigh, NC 27601
(919) 783-2846 Office
(919) 783-1075 Fax
(919) 605-5380 Cell
[email protected]
www.poynerspruill.com
• Lincoln Gen. Ins. Co. v. Detroit Diesel Corp., 293 S.W.3d 487 (Tenn. 2009) (persuaded Tennessee Supreme Court that economic loss rule precludes liability in tort even where damage to product occurs in sudden, calamitous manner, such as in
a fire or explosion).
• Progressive Insurance Company v. Sacramento County Coach Showcase, 2008 WL 5377993 (D. Nev. Dec. 23, 2008) (won dismissal for motor coach manufacturer on product liability claims arising from fire on ground that economic loss rule and
application of warranty exclusions barred causes of action seeking relief for destruction of luxury motor home).
• Bruno v. Thermo King Corp., Index No. 18348/05 (N.Y. Supreme Court, Queens, Jan. 30, 2008) (won summary judgment for
bus manufacturer against mechanic, who claimed fingers were severed while working on allegedly defective air conditioning system, on ground that plaintiff’s expert affidavit was insufficient to state a prima facie product liability claim), aff’d,
2009 N.Y. App. Div. LEXIS 7291 (Oct. 13, 2009).
• CLE Presenter: “Stark v. Ford Motor Co.: The Latest Development in North Carolina Product Liability Law,” North Carolina
Association of Defense Attorneys Annual Meeting, Hilton Head Island, South Carolina, June 2010
• CLE Presenter: “Be Careful What You Ask For: The Wisdom of Contractual Arbitration Provisions,” Joint Meeting of the
Corporate Counsel and Business Law Sections of the North Carolina Bar Association, Pinehurst, North Carolina, February
2008
• CLE Presenter: “Using Focus Groups Wisely and Effectively,” North Carolina Association of Defense Attorneys Seminar on
Product Liability, Raleigh, North Carolina, January 2007
• CLE Presenter: “Subpoenas 101: Rule 45 Has a Makeover,” North Carolina Bar Association Telephone and CyberCLE,
Raleigh, North Carolina, September 2003
• “Defending Against the Fire Subrogation Claim: A Guide for Manufacturers of Large Motorized Vehicles and Heavy
Machinery,” For the Defense (monthly magazine of the Defense Research Institute), June 2006
Product Experience
•
•
•
•
Automobiles
Equipment
Equipment
Equipment and Goods
Equipment
Vehicles
Medications
• Roofing Systems
Transportation
• Windows
Education
• 1990, J.D., University of North Carolina, with highest honors, Order of the Coif
• 1987, B.A., University of North Carolina at Chapel Hill, with highest honors, Phi Beta Kappa
®
57
Ebeltoft . Sickler . Lawyers PLLC
NORTH DAKOTA
Paul F. Ebeltoft
Ebeltoft . Sickler .
Lawyers PLLC
46 West Second Street
Dickinson, ND 58601
(701) 225-LAWS (5297) Office
(701) 225-9650 Fax
(701) 290-2685 Cell
(701) 225-8877 Home
[email protected]
www.ndlaw.com
Paul F. Ebeltoft is a trial lawyer in North Dakota with more than 30 years of hands-on experience in all state and federal courts.
A charter member of the North Dakota Defense Lawyers Association, Paul served as its president from 1994-1998. He has received multiple exceptional performance citations and honors from the Defense Research Institute and the North Dakota State
Bar Association. He is state membership chair and state iCivics chair for the International Association of Defense Counsel.
Paul’s first jury trial experience in 1977 was in a products liability case. Since then, a substantial portion of his practice has
dealt with products and the defense of those who design, manufacture or use them. He represents the energy industry in defense of sophisticated downhole tools, product measurement devices and transport equipment; medical device manufacturers on account of alleged failure of their products during and after surgical procedures; agricultural product and agricultural
processing equipment manufacturers whose products are the alleged cause of massive animal loss or serious personal injuries;
and drug companies as local counsel during mass-tort litigation. Paul also represents companies in whose businesses or
processes various targeted products have been installed or used.
• North Dakota is neither a populated state nor a particular hotbed of products litigation. Paul’s trials to verdict in the last
10 years have not involved products. However, Paul’s stature in contested litigation is well known and he is included in The
Best Lawyers in America® in the category of product liability litigation
Product Experience
•
•
•
•
Automobiles
Breast Implants
Equipment
Equipment
Equipment and Goods
• Food Products
Vehicles
Medications
• Scaffolding
• Swimming Pools
• Tires
Education
• 2002, Certificate: General Mediation Skills, Hamline University Law and Graduate Schools, St. Paul, Minnesota
• 1976, J.D., The National Law Center, George Washington University, Washington, D.C.
• 1971, B.A., Political Science, Gonzaga University, Spokane, Washington
®
58
Roetzel & Andress
OHIO
Susan Squire Box
Roetzel & Andress
222 South Main Street
Akron, OH 44308
(330) 849-6625 Office
(330) 376-4577 Fax
(330) 620-5892 Cell
[email protected]
www.ralaw.com
Susan Box practices in all state and federal courts in Ohio, focusing in the areas of product liability, commercial litigation and
general litigation. She has received the AV Preeminent rating from Martindale-Hubbell Law Directory, has been selected for
inclusion in the Best Lawyers in America for Mass Tort & Product Liability Litigation from 2009 through 2011, and has been selected as an Ohio Super Lawyer by Ohio Super Lawyers magazine in the years 2010 and 2011. Additionally, Ms. Box was named
2014 Product Liability Litigation – Defendants “Lawyer of the Year” for Akron by the Best Lawyers in America.
Since her admission to practice in 1985, Ms. Box has devoted a substantial part of her practice to the representation of manufacturers and retailers in the industrial, commercial and consumer industries, with particular emphasis in matters involving
heavy machinery, presses, shears, overhead cranes, monorail cranes, overhung cranes, gantry cranes and brake and punch
presses. In addition, she has extensive experience in defending asbestos cases on a local, state-wide and national basis.
• Received a defense verdict in a 48-year old living mesothelioma product liability matter involving allegations that a major
motor vehicle manufacturer defectively designed and/or failed to warn of the alleged dangers presented by the products.
• "The Importance and Benefits of National Coordinating Counsel," Corporate Counsel Forum, Independence, OH,
November 2010
Product Experience
•
•
•
•
Asbestos
Automobiles
Equipment and Goods
• Hand Tools
• Power Tools
Education
• 1985, J.D., The Ohio State University, Moritz College of Law
• 1982, B.S., The Ohio State University, summa cum laude
®
59
Roetzel & Andress
OHIO
Ronald Lee is a Partner and Practice Group Co-Manager, Products Liability & Toxic Tort at Roetzel & Andress. Mr. Lee has served
as national counsel in latex glove litigation and mold litigation for over 33 years, and currently is wrapping up a national butter flavoring (diacetyl) litigation for a flavor manufacturer. The products that Mr. Lee represents include industrial products such
as cranes; building products such as windows; consumer products including appliances and light bulbs and toxic exposure
cases including mold, silica and benzene. The butter flavoring cases have resulted in additional food litigation matters, including a case involving a recent salmonella outbreak in the Chicago area. In the medical device area, Mr. Lee has served as the
lead trial attorney in latex glove matters and is currently involved in pharmaceutical cases. Additionally, he handled coverage
issues involving pedicle screw devices. Ron devotes 90% of his time to the defense of product liability cases. He is a Board
Certified Litigation Civil Trial attorney, an Ohio Super Lawyer (2004-2014), and has been selected as one of the Best Lawyers in
America for Mass Tort and Product Liability Litigation since 2007.
Ronald B. Lee
Roetzel & Andress
1375 East Ninth Street
One Cleveland Center
Ninth Floor
Cleveland, OH 44114
(330) 849-6648 Office
(330) 376-4577 Fax
(330) 608-4030 Cell
[email protected]
www.ralaw.com
• Served as lead trial attorney for a latex glove manufacturer in a suit that was tried for several weeks in New Hampshire
state court. The suit involved two medical personnel who were claiming debilitating injuries from the use of latex gloves.
The result was a defense verdict for all parties.
• Represented a defendant in a two-week trial involving the injury to a young cheerleader, resulting in her becoming a paraplegic. The case involved product claims concerning the equipment that was being used as well as other claims involving
the cheerleading program. A defense verdict in the Court of Claims of Ohio was obtained.
• Represented a defendant in the Court of Common Pleas of Muskingum County, Ohio. A defense verdict was obtained after
a two-week trial involving a trucking accident that rendered a woman a quadriplegic. The case involved allegations of a defective braking system in a tractor trailer unit. The product defect was found not to be a proximate cause of the accident.
•
•
•
•
“Mock Witness Examination of a Testifying Epidemiologist,” ACI Food-Borne Illness Litigation Conference, October 2010
“Emerging Toxic Torts,” AIG Cleveland Regional Conference, June 2010
“The Shakeup on the Flavoring Industry—Could this Happen to You?,”Safety and Risks in the Food Chain, May 2010
“Flavoring Litigation: Current Status and the Latest Regulation and their Effect on Future Litigation,” GMA Food Claims
and Litigation Conference, 2010
•
•
•
•
“Legislative Efforts in Handling Industry-Wide Litigation,” Roetzel & Andress LPA, 2005
“Mold – A Business Concern,” Ohio Chamber of Commerce, Ohio Chamber’s Environmental & Safety Directory, January 2004
“Mold – The Role of Plumbing in Controlling Moisture and Fungal Growth,” Ohio PHC Contractor, Winter 2003, Spring 2003
“Mold – A Small Business Concern,” Ohio State Bar Association – Fine Print, Issue 14, Winter 2003
Product Experience
•
•
•
•
Asbestos
Automobiles
Equipment
Equipment
Equipment and Goods
•
•
•
•
•
•
•
•
Firearms
Food Products
Furniture
Vehicles
Medications
• Power Tools
• Roofing Systems
• Swimming Pools
Transportation
• Windows
Education
®
• 1978, J.D., The University of Akron, School of Law, Akron Law Review, Editor (1977-78)
• 1974, B.S., The University of Akron, magna cum laude
60
Roetzel & Andress
OHIO
Ms. Pietrowski has served as national counsel in flavoring litigation for approximately 10 years. 95% of her time focuses on her
litigation practice involving product liability/toxic tort and fire litigation with the remaining 5% spent on defending general negligence claims. She has defended many product liability matters on behalf of manufacturers, suppliers and retailers involving
household and consumer appliances, machinery and flavorings. She also has handled many toxic tort cases involving exposure
to chemicals, butter flavoring, diacetyl and mold, and experience with food outbreak cases.
Moira H. Pietrowski
Roetzel & Andress
222 South Main Street
Akron, OH 44308
(330) 849-6761 Office
(330) 376-4577 Fax
(330) 697-0675 Cell
[email protected]
www.ralaw.com
• Served as second chair trial attorney in a two-week trial involving numerous claims, including equipment-related product
claims. The case involved a catastrophic injury to a college cheerleader; a defense verdict in the Court of Claims of Ohio
was obtained.
• Serves as national counsel for a major flavoring company
•
•
•
•
“Emerging Issues in Toxic Torts,” Roetzel Corporate Counsel Forum, Columbus and Independence, Ohio, 2012
“Protecting the Company From the Foreign Supplier,” USLAW Network Conference, 2012
“Fracking - The Hot New Area of Litigation and Regulation,” USLAW Network Conference, 2012
“Flavoring Litigation: Current Status and Latest Regulations and Their Effect on Future Litigation,” Grocery Manufacturers
Association Food Claims & Litigation Conference, Texas, 2010
• “Chinese Drywall: Insurance Coverage Considerations,” American Modern, July 2010
Product Experience
Equipment
Equipment and Goods
•
•
•
•
Food Products
Pharmaceuticals, Prescription
Medications
•
•
•
•
Power Tools
Swimming Pools
Windows
Education
• 1997, J.D., The John Marshall Law School, cum laude, John Marshall Law Review, Staff Editor
• 1994, B.A., Political Science, Northwestern University
®
61
Pierce Couch Hendrickson Baysinger & Green, L.L.P.
OKLAHOMA
Mr. Green practices in all state and federal courts in Oklahoma and has a focus on general liability defense litigation, insurance
litigation and product liability litigation. Mr. Green is a past President of the Oklahoma Association of Defense Lawyers and has
been recognized as an Oklahoma Super Lawyer in each year since 2005. Since joining the Pierce Couch Law Firm in 1977 Mr.
Green has devoted a substantial part of his practice to the representation of manufacturers, from aircraft manufacturers to
chemical manufacturers and industrial and oil field equipment.
Mr. Green has tried a number of product liability cases to verdict, including automobile, aircraft and aircraft loading equipment, and asbestos related product claims.
Gerald P. Green
Pierce Couch Hendrickson
Baysinger & Green, L.L.P.
1109 N. Francis
Oklahoma City, OK 73106
(405) 235-1611 Office
(405) 235-2904 Fax
(405) 208-1198 Cell
[email protected]
www.piercecouch.com
• Mr. Green’s most recent product liability defense verdict involved the defense of the manufacturer of a radial crane
(Rhodes v. PSI) in the United States District Court for the Western District of Oklahoma. The product in question was a
large industrial crane which was used to transport loads of timber into a large chipper mechanism for creation of wood
pulp to be loaded onto barges for shipment on the Arkansas River Navigation System to New Orleans. The crane collapsed
and the owners, through the Bankruptcy Trustee, sought compensation for property damage and the economic loss for
the business in excess of $15,000,000.00. The case was successfully defended to a jury and no appeal was taken by the
Bankruptcy Trustee. Allegations included both design and installation issues.
Product Experience
•
•
•
•
•
•
Asbestos
Automobiles
Beverage Containers
Pleasure)
Equipment
Equipment
Equipment and Goods
• Cosmetics
Devices
• Food Products
• Furniture
• Ladders
Equipment
Medications
• Power Tools
• Roofing Systems
• Swimming Pools
• Tires
Transportation
• Windows
Education
• 1976, J.D., University of Oklahoma College of Law, Norman, Oklahoma
• U.S. Air Force Academy
• 1973, B.A., University of Oklahoma
®
62
Pierce Couch Hendrickson Baysinger & Green, L.L.P.
OKLAHOMA
Daniel J. Hoehner is licensed to practice in all state and federal courts in the state of Oklahoma. He has practiced more than 25
years in insurance defense which has included the opportunity to handle cases involving all types of products such as electronics, tractors, recreational vehicles, automobiles, trucks, seat belts, food, and numerous component parts incorporated into
products. Approximately 20-30 percent of his practice is devoted to cases involving product liability.
Daniel J. Hoehner
Pierce Couch Hendrickson
Baysinger & Green, L.L.P.
1109 N. Francis
Oklahoma City, OK 73106
(405) 235-1611 Office
(405) 552-5244 Direct
(405) 235-2904 Fax
(405) 650-3357 Cell
dhoehner@pierce
couch.com
www.piercecouch.com
• Potts v. Remington Park, Inc., District Court of Oklahoma County. Defense verdict in case alleging product liability for allegedly serving adulterated food resulting in food poisoning.
• Oklahoma Society of Certified Public Accountants v. Broan Manufacturing Co., Inc., et al., District Court of Oklahoma
County. Defense verdict in case alleging fire and resulting property damage caused by allegedly defective design of overhead vent.
• Hodges v. En-Tout-Cas, et al., District Court of Oklahoma County. Settled prior to trial. Jockey sustained fall and injury as a
result of alleged defect in design, installation and maintenance of elements of synthetic racing surface.
Product Experience
•
•
•
•
Asbestos
Beverage Containers
Equipment and Goods
•
•
•
•
Food Products
Furniture
Ladders
Vehicles
• Power Tools
Transportation
Education
• 1984, J.D., University of Oklahoma College of Law
• 1981, B.S., Oklahoma State University
®
63
Williams Kastner
OREGON
Marc Carlton is a member in the Portland office. He focuses his practice on civil litigation with an emphasis in defending transportation, liquor liability and products liability cases, including the defense of former manufacturers and sellers of asbestoscontaining products. Mr. Carlton also practices in the area of medical device and business litigation.
Mr. Carlton has ten years of experience as a product liability attorney and devotes 50% of his practice to product liability.
Marc M. Carlton
Williams Kastner
888 SW 5th Avenue
Suite 600
Portland, OR 97204
(503) 944-6910 Office
(503) 222-7261 Fax
(503) 789-5899 Cell
mcarlton@williams
kastner.com
www.williamskastner.com
• Miller v. J-M Manufacturing, et al., District of Oregon. Defense verdict for client in transportation/product liability case where
it was established that the dunnage provided with a load of PVC pipe was defective and caused the underlying accident.
• Giant Manufacturing v. BikeE Corp., et al., District of Oregon. Plaintiff’s verdict for client in collection action where defendants alleged that bicycles at issue were defectively manufactured.
Product Experience
• Asbestos
Equipment
Equipment
Devices
Medications
Transportation
Education
• 1999, J.D., University of Oregon School of Law
• 1996, B.S., University of Oregon
®
64
Williams Kastner
OREGON
Eric Neiman is a member in the Portland office of Williams Kastner. He has been defending product liability cases since he
began practicing law in 1982. He has defended cases involving many types of products and has extensive experience with cases
involving product testing, clinical trials, manufacturing issues, industry standards, FDA and other government regulations,
post market surveillance, and other relevant issues. Mr. Neiman is very familiar with the medical, scientific, engineering and
human factors issues presented by cases in this field.
Mr. Neiman has been listed in Best Lawyers since 2007, and he has been named to Super Lawyers by Super Lawyers magazine since 2007. He is a member of the American Board of Trial Advocates and the Defense Research Institute. He has actively
served as a pro-tem circuit court judge since 1991.
Eric J. Neiman
Williams Kastner
888 SW 5th Avenue
Suite 600
Portland, OR 97204
(503) 944-6943 Office
(503) 222-7261 Fax
(503) 319-3142 Cell
(503) 248-9028 Home
eneiman@williams
kastner.com
• Arividson v. I-Flow Corp., et al, USDC Case #CV08-478 AA. Defense verdict in a product liability matter involving an infusion pump for post operative pain alleging chondrolysis resulting from defective pain pumps.
• Huerta v. I-Flow Corp., et al, USDC Case #CV07-1310 AA. Defense verdict in a product liability matter involving an infusion
pump for post operative pain alleging chondrolysis resulting from defective pain pumps.
• McClellan v. I-Flow Corp., et al, USDC Case #CV07-1309 AA. Defense verdict in a product liability matter involving an infusion pump for post operative pain alleging chondrolysis resulting from defective pain pumps.
• Guest Lecturer, Willamette University College of Law, annually
• Presenter, “Mental Health Update,” Washington State Society of Healthcare Attorneys Hospital & Health Law Seminar,
Vancouver, B.C., November, 2013
• Co-Presenter, “Summary Judgments,” Oregon State Bar Association CLE Seminar: Powerful Motion Practice, Portland, OR,
November 10, 2011
• “Survivor: Idaho and Oregon, Strange Differences in Civil Trial Practice Across the Border,” Idaho State Bar, Young Lawyers
Section, January 24, 2008
• Author, chapter of “Invasion of Privacy,” Oregon State Bar Torts Deskbook, 2012
• Editorial Board, Oregon Health Law Manual, 2009-2011
• Co-Author, “Punitive Damages Against Healthcare Providers in the Healthcare Reform Era,” Physician Organizations,
American Health Lawyers Association, February 2010; AAOS Now, American Academy of Orthopaedic Surgeons, February
2010
• Contributing Author, “Warnings,” Restatement Sections Specifically Applicable to Pharmaceutical and Medical Device
Cases in State Court, A.B.A. Sec. of Litig., 2004
Product Experience
•
•
•
•
•
•
•
•
•
•
Automobiles
Beverage Containers
Breast Implants
Equipment
Equipment
Equipment and Goods
Cosmetics
•
•
•
•
•
•
•
•
•
•
•
Firearms
Devices
Food Products
Furniture
Hand Tools
Vehicles
Medications
• Power Tools
and Safety Devices
• Swimming Pools
• Tires
Transportation
Education
• 1982, J.D., University of Oregon School of Law, Order of the Coif
• 1978, B.A., University of California, Santa Barbara, with highest honors
• 1975-1977, University of California, Los Angeles
®
65
Williams Kastner
OREGON
George Pitcher is a member in the Portland office. He is chair of the firm’s Products Liability Practice Group, and he is on the
board of directors for the Oregon Association of Defense Counsel. He specializes in civil litigation with an emphasis in defense
of professional liability and product liability cases, including defense of former manufacturers and sellers of asbestos-containing products. Mr. Pitcher has tried product liability, professional liability, employment and consumer cases in Oregon and
Washington state courts and argued cases before the Oregon Supreme Court and Oregon Court of Appeals. He represents a
number of clients in the defense of asbestos cases and has worked on the defense of numerous mass torts, including breast implant, orthopedic bone screw, Fen-phen, Rezulin, Latex Glove and vaccine cases.
Mr. Pitcher has over 15 years of experience as a product liability attorney and 50% of his practice is devoted to product liability.
George S. Pitcher
Williams Kastner
888 SW 5th Avenue
Suite 600
Portland, OR 97204
(503) 944-6961 Office
(503) 222-7261 Fax
(503) 504-2227 Cell
gpitcher@williams
kastner.com
• Huerta, McClellan, and Arvidson v. I-Flow, USDC for District of Oregon. Defense verdicts in three consolidated pain pump
cases alleging chondrolysis resulting from defective pain pumps.
• Emrick v. Scapa Dryer Fabrics, Multnomah County Circuit Court. Defense verdict in mesothelioma asbestos case following
14 week trial.
• Mason v. General Electric, Multnomah County Circuit Court. Summary judgment ruling upheld by Oregon Court of
Appeals in a case where plaintiff attempted to expand the boundaries of Oregon product liability law to hold General
Electric responsible for “aiding and abetting” in the sale of products it did not manufacture or sell.
• CLE Panel Moderator, “Effective Motion Practice, Advice from the Judges,” Multnomah County, OR, December 2013
• Speaker, “Spoliation of Evidence in Oregon,” Oregon Association of Defense Counsel Annual Meeting, June 2013
• Speaker, “Personal Jurisdiction in Oregon Following Nicastro and Willemsen,” CLE presented by Oregon State Bar
Products Liability and Litigation Sections, October 5, 2012
• Speaker, “Seven Things That Get Insurance Agents Sued,” Oregon CPCU All Industry Day, 2010
• Moderator, “Effective Use of Demonstrative Exhibits in Toxics Cases,” International Association of Defense Counsel Toxic
Torts Webinar, April 2010
• Speaker, “Lessons Learned from Representing Insurance Agents in Lawsuits,” PIA Oregon/Idaho Convention, June 2007
• Co-Author, “Best Practices for Privilege Logs in Oregon State Cases,” The Verdict, Spring 2012
• Co-Author, “Jury Instructions in Punitive Damage Cases: Using the New Mandates from the United States Supreme Court,”
International Association of Defense Counsel Annual Meeting, 2009
• Co-Author, “Medical Monitoring: The Impact of Lowe v. Philip Morris,” Oregon Association of Defense Counsel Magazine,
Summer 2008
• “Recovery of Economic Losses in Negligence Actions: ‘Special Relationships’ and Beyond,” Oregon Appellate Almanac, 2007
• “End of the ‘We Can’t Tell Rule’ Makes Life Much More Difficult for Appellants,” Oregon Appellate Almanac, 2006
Product Experience
• Asbestos
• Breast Implants
Equipment
Medications
Education
• 1996, J.D., Willamette University College of Law, first in class
• 1992, B.A., Harding University, magna cum laude
®
66
PENNSYLVANIA
Mr. Sneath has extensive federal and state court trial experience in cases involving product liability matters. He has tried over
95 cases to jury and non-jury verdict in Federal and State Court jurisdictions and has helped clients resolve disputes through
a variety of Alternative Dispute Resolution Procedures. He has defended manufacturers and sellers in claims and suits relating
to a wide variety of medical, pharmaceutical, recreational, industrial, and vehicular and children’s products. He served as the
2011-2012 President of DRI – The Voice of the Defense Bar, a 22,000 member international organization of defense, commercial and corporate counsels. He has spoken and written extensively on products liability, damages and trial tactics issues.
Henry M. Sneath
Picadio Sneath Miller &
Norton, P.C.
Four Gateway Center
444 Liberty Avenue
Suite 1105
Pittsburgh, PA 15222
(412) 288-4013 Office
(412) 288-2405 Fax
(412) 418-7887 Cell
[email protected]
www.psmn.com
• Galloway v. Beckwith Machinery and Caterpillar, Inc. – Allegheny County (Pittsburgh, Pa.) Successfully defended Beckwith
Machinery against products liability claims brought by plaintiff. Plaintiff claimed serious brain injury resulting from an alleged design and manufacturing defect in a forklift truck, which had been modified and sold by defendant Beckwith.
Plaintiff demanded $7,000,000 for settlement. Jury returned a defense verdict.
• Gallo v. General Motors Corp. – Allegheny County (Pittsburgh, Pa.) Plaintiff claimed unwanted, sudden acceleration of the
subject vehicle causing personal injury and property damage. Successfully defended case on behalf of client and obtained
defense verdict after jury trial.
• Kaczor v. Icon Health and Fitness, Inc. – Federal District Court (Pittsburgh, Pa.) Successfully defended manufacturer of exercise treadmill against claims that an electrical malfunction caused a fire and extensive property damage. Defense verdict
obtained on behalf of client at jury trial after prevailing on Daubert motion to strike one of plaintiff’s liability experts.
Product Experience
• Automobiles
Equipment
Equipment
Equipment and Goods
• Food Products
•
•
•
•
•
Furniture
Hand Tools
Ladders
Equipment
Medications
• Power Tools
and Safety Devices
• Tires
Transportation
Education
• 1983, J.D., Duquesne University School of Law
• 1980, B.A., Hamilton College
®
67
PENNSYLVANIA
Kelly Williams has over 18 years experience litigating cases, including product liability cases and personal injury defense work.
Her product liability experience has involved machinery, prefabricated metal buildings and exercise equipment. The percentage of Ms. Williams’ practice devoted to product liability is approximately 10 to 20 percent.
Kelly A. Williams
Picadio Sneath Miller &
Norton, P.C.
Four Gateway Center
444 Liberty Avenue
Suite 1105
(412) 288-4005 Office
(412) 288-2405 Fax
[email protected]
www.psmn.com
• In one matter in Federal District Court in Pittsburgh, Pennsylvania, Ms. Williams assisted lead trial counsel in obtaining a
verdict for plaintiff injured by defective plastic injection molding machine during the course of his employment.
• In state court, Ms. Williams has defended an exercise equipment manufacturer in various matters. The cases settled
shortly before trial.
• Ms. Williams also successfully represented a manufacturer of a prefabricated metal building as lead trial counsel in an arbitration involving indemnification claims between the manufacturer and a co-defendant, after the underlying plaintiff’s
product liability claim settled.
Product Experience
Equipment
Equipment
Equipment and Goods
Devices
• Ladders
• Roofing Systems
Education
• 1994, J.D., Temple University School of Law
• 1991, B.A., The Ohio State University
®
68
Pion, Nerone, Girman, Winslow & Smith, P.C.
PENNSYLVANIA
Timothy Smith has handled product liability matters since 1991. He has represented manufacturers, distributors and market
retailers. His experience spans from commercial to household products.
Timothy Smith
Pion, Nerone, Girman,
Winslow & Smith, P.C.
1500 One Gateway Center
(412 ) 667-6212 Office
(412) 281-3388 Fax
(412) 427-2560 Cell
[email protected]
www.pionlaw.com
• Timothy Smith has successfully defended the manufacturers of forklifts, automotive tires, scissor lifts and flooring products in the State and Federal Courts of Pennsylvania.
• “Recent Developments,” Transportation Lawyers Association Annual Conference, 2011
• “Sleep Deprivation and Catastrophic Events,” Pennsylvania Continuing Legal Education Seminar, 2009
• “Sometimes Technology Bytes – Managing Electronic Discovery,” Pennsylvania Continuing Legal Education Seminar, 2006
Product Experience
•
•
•
•
•
Asbestos
Automobiles
Equipment
Equipment
Equipment and Goods
• Firearms
Devices
• Food Products
• Furniture
Equipment
Medications
• Power Tools
• Roofing Systems
• Scaffolding
• Tires
Transportation
• Windows
Education
• 1991, J.D., University of Toledo College of Law
• 1988, B.A., Washington and Jefferson College
®
69
PENNSYLVANIA
J. Michael Kunsch
1515 Market Street
19th Floor
Philadelphia, PA 19102
(215) 963-2481 Office
(215) 557-0999 Fax
(610) 420-2858 Cell
michael.kunsch@
sweeneyfirm.com
www.sweeneyfirm.com
J. Michael Kunsch practices in all state and federal courts in Pennsylvania and New Jersey, with a focus in the areas of product liability, commercial litigation and general litigation. Mr. Kunsch serves on the Board of Directors of USLAW Network, and is a past
Chair of the USLAW product liability practice group. Mr. Kunsch has been recognized from 2011- 2013 as a Pennsylvania Super
Lawyer® – Product Liability Defense. For more than twenty years, Mr. Kunsch has devoted a substantial part of his practice to the
representation of manufacturers and retailers in the industrial, commercial, and consumer industries, with particular emphasis
in matters involving ladders and climbing equipment, power tools, household appliances, gas-fired appliances and recreational
products. He has extensive experience defending fire and explosion litigation and catastrophic burn cases. Mr. Kunsch coordinates the evaluation of new claims for a number of clients, coordinating preservation of evidence, expert retention and conducting field investigations. He also counsels clients on issues related to e-discovery and document retention policies.
• Jackson v. Louisville Ladder Inc. and W.W. Grainger Inc., USDC for the Middle District of Pennsylvania. Defense verdict in
product liability matter involving allegations of design defects in an aluminum stepladder.
• Melquist v. Emerson Electric Co., et al, U.S.D.C. for the Western District of Pennsylvania. Defense verdict in a product liability matter involving allegations that a radial arm saw was defectively designed. The case was made more complicated by
evidence of a post-sale design change which had achieved improved guarding of the saw.
• Beck v. InterMetro Industries Corporation, et al, Court of Common Pleas of Philadelphia County, Pennsylvania. Non-suit
nine days into a trial wherein plaintiff alleged that a mobile warming cabinet used in food service operations was defective.
• Kinsey v. Louisville Ladder, Inc., U.S.D.C. for the Eastern District of Pennsylvania. Defense verdict in product liability matter involving design defect claims regarding a mobile warehouse ladder.
• “Supply Chain Risks and the Foreign Supplier,” USLAW Network Client Conference, Dana Point, California, April 2012
• “Spoliation: Still Crazy After All These Years,” Defense Research Institute Product Liability Conference, Phoenix, Arizona,
February 2008
• “Assembling the Rapid Response Team: Early Investigation Strategies for Preparing a Successful Defense,” USLAW
Network Client Conference, Tucson, Arizona, March 2007
• “Compliance with Standards: A Barrier to Product Liability Actions?,” Wood Machinery Manufacturers of America ANSI
Compliance Workshop, Philadelphia, Pennsylvania, October 2005
• “Pre-Emption Double Standard? Manufacturers of Identical Products are Not Equal,” USLAW Magazine, Spring/Summer 2012
• “Personal Jurisdiction: A Casualty of Global Commerce?” USLAW Magazine, Fall/Winter 2011
• “Third Circuit Predicts Pennsylvania Supreme Court will Adopt Restatement (Third) of Torts §§ 1 and 2,” Sweeney &
Sheehan Newsletter, August 2009
Product Experience
Equipment
Equipment and Goods
• Firearms
Devices
•
•
•
•
•
Food Products
Hand Tools
Ladders
Equipment
• Power Tools
and Safety Devices
• Roofing Systems
• Scaffolding
Transportation
Education
• 1991, J.D., Villanova University School of Law
• 1988, B.A., Psychology, University of Arizona, cum laude, Phi Beta Kappa
®
70
PENNSYLVANIA
Warren E. Voter
1515 Market Street
19th Floor
(215) 963-2439 Office
(215) 557-0999 Fax
(215) 850-5490 Cell
michael.kunsch@
sweeneyfirm.com
www.sweeneyfirm.com
Warren E. Voter is an AV Preeminent-rated attorney who for three decades has practiced exclusively in defense oriented property and casualty litigation with a concentration in product liability, catastrophic loss, medical hardware, toxic and mass tort.
In addition, he frequently serves as monitoring and coverage counsel for excess carriers and regional trial counsel and national
coordinating counsel for a number of product manufacturers and their insurers. He has extensive experience trying cases involving fire loss, power woodworking equipment, hand tools, industrial machinery and consumer and recreational products.
Mr. Voter is a member of the Product Liability Advisory Council, Defense Resarch Institute (Power and Hand Tool and
Manufacturer’s Risk Prevention Subcommittees), the Pennsylvania Defense Institute, the Federation of Defense and Corporate
Counsel and the International Society for Skiing Safety. Mr. Voter is the Past Chair of the USLAW Product Liability Practice
Group and served as a Director on USLAW’s Board. Mr. Voter has served as an instructor for the National Institute for Trial
Advocacy and has been recognized as a Pennsylvania Super Lawyer each of the last seven years.
Mr. Voter’s bar admissions include Pennsylvania, U.S. Court of Appeals for the Third Circuit and the Eastern, Middle and
Western Districts of U.S. District Court of Pennsylvania.
• Defense Verdict in fire loss tried in United States District Court for the Western District of Pennsylvania. Successfully defended manufacturer of control panel of electric range alleged to have malfunctioned causing fire.
• Defense verdict in United States District Court for the District of Delaware – successfully defended manufacturer product
of allegedly defective table saw on which plaintiff cut off all the fingers of his dominant hand.
• Directed verdict in Court of Common Pleas of Philadelphia County – Successfully defended against allegation that the
door of a commercial refrigerator came off its hinges and struck the Plaintiff as a result of a design defect.
• Moderator/Panelist, “Distributor/Manufacturer Liability: Who Bears the Risk?” USLAW Client Conference, Dana Point,
CA, April 2012
• Speaker, “No Good Deed Goes Unpunished – Post-Sale Design Changes in American Product Liability Law,” USLAW Boot
Camp Presentation to Lloyd’s, London, UK, June 2011
• Panelist, “E-Discovery Idol: Picking Your Next E-Discovery Vendor,” USLAW Client Conference, Washington, D.C, October 2007
• Co-Presenter, “Avoiding the Burn: Living with Post-Sale Product Modification,” USLAW Product Liability Conference,
Miami, FL, January 2005
Product Experience
•
•
•
•
•
•
•
•
•
•
•
•
Asbestos
Automobiles
Beverage Containers
Pleasure)
Equipment
Equipment
Equipment and Goods
Cosmetics
• Firearms
Devices
• Food Products
• Furniture
• Hand Tools
• Ladders
Equipment
Vehicles
• Power Tools
and Safety Devices
• Roofing Systems
• Scaffolding
• Swimming Pools
• Tires
Transportation
• Windows
Education
• 1983, J.D., Villanova University School of Law
• 1980, B.S., Business Management, Pennsylvania State University
®
71
Thomas, Thomas & Hafer LLP
PENNSYLVANIA
Gordon Einhorn has handled product liability cases for 15 years, representing manufacturers and insurance companies in
products related subrogation matters. His cases have involved a wide range of products including industrial machinery, bicycles, aseptic food processing machines, frozen carbonated beverage machines, furniture, tractor trailer braking systems, electronic cash registers and glass beverage containers. Approximately 15-20% of his practice is related to product liability.
Gordon A. Einhorn
Thomas, Thomas
& Hafer LLP
305 N. Front Street
6th Floor
Harrisburg, PA 17101
P.O. Box 999
Harrisburg, PA 17108
(717) 441-7054 Office
(717) 237-7105 Fax
(717) 576-3569 Cell
[email protected]
www.tthlaw.com
• Representation of manufacturer of wire cloth weaving machine that was allegedly defective in that operator who was
caught by machine was unable to reach stop switch. Summary judgment granted in favor of manufacturer in that it was
not in the business of manufacturing such machines.
• Representation of Italian manufacturer of resin chair that collapsed under weight of user. Manufacturer dismissed from
suit for lack of jurisdiction over foreign company.
• Representation of major sporting goods retail chain in case involving sale of bicycle and alleged failure of hand brakes due
to improper assembly. Case successfully resolved at mediation.
• “Noteworthy Pennsylvania Jury Verdicts in 2011,” Pennsylvania Association of Mutual Insurance Companies (PAMIC) 2012
Claims Conference
Product Experience
• Automobiles
• Furniture
Equipment
Vehicles
Education
• 1988, J.D., University of Southern California, Los Angeles
• 1975, B.A., Sarah Lawrence College
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Sweeny, Wingate & Barrow, P.A.
SOUTH CAROLINA
Mr. Barrow has handled numerous product liability cases involving design and manufacture of tractors, ladders, high-speed
equipment used in manufacturing processes, overhead door, power equipment and others.
Mark S. Barrow
Sweeny, Wingate &
Barrow, P.A.
1515 Lady Street
Columbia, SC 29201
(803) 256-2233 Office
(803) 256-9177 Fax
(803) 606-9193 Cell
(803) 782-0990 Home
[email protected]
www.swblaw.com
• Mr. Barrow successfully defended tractor manufacturer in a tractor rollover wrongful death case. Allegations involved
defective design and manufacture of ROPS system.
Product Experience
Equipment
Equipment
Devices
• Ladders
Medications
•
•
•
•
•
Power Tools
Tires
Tobacco Products
Transportation
Education
• 1986, J.D., University of South Carolina School of Law
• 1980, B.A., Political Science, University of South Carolina
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Riter, Rogers, Wattier & Northrup, LLP
SOUTH DAKOTA
Robert C. Riter
Riter, Rogers, Wattier &
Northrup, LLP
319 S. Coteau
P. O. Box 280
Pierre, SD 57501
(605) 224-5825 Office
(605) 224-7102 Fax
(605) 280-4669 Cell
(605) 223-9315 Home
[email protected]
www.riterlaw.com
Bob Riter joined the firm in 1973. His legal efforts are focused principally upon litigation and trial work in all courts in this
state, with a concentration in the defense practice. He also spends significant time appearing before state administrative bodies, and engaging in lobbying and legislative work. Robert Riter has 30 years experience in a wide variety of products.
Approximately 10% of his practice is devoted to products liability matters.
Professional memberships include: State Board of South Dakota (Commission and Past Chair of Ethics Committee,
Administrative Law Committee and Continuing Legal Education Committee); Defense Research Institute (DRI) (State
Representative, 1994-1999 Member, Board of Directors, 1999-2003); South Dakota Defense Lawyers Association (Past President
1994-1995); Fellow, American Bar Foundation; American Board of Trial Advocates; American College of Trial Lawyers.
Bob has lectured and given presentations before Insurance law classes at the University of South Dakota, School of Law,
Continuing Education programs of the South Dakota State Bar, and Defense Research Institute (DRI) gatherings. He has also
authored law review articles on the patient/physician privilege and civil justice reform.
• Co-Author, “An Invitation for Lawyers’ Participation in Civil Justice Reform,” 42 South Dakota Law Review 243
Product Experience
• Automobiles
Equipment
Equipment
Equipment and Goods
• Food Products
•
•
•
•
•
Power Tools
Scaffolding
Tires
Education
• 1973, J.D., University of South Dakota
• 1970, B.S., University of South Dakota
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TENNESSEE
Mr. Piovarcy has been involved with the defense of products for the last 25 years. Product liability cases comprise approximately
25% of his practice. The areas involve defense of heavy machinery, pharmaceuticals, chemicals, power tools and clothing.
Lee L. Piovarcy
Martin, Tate, Morrow &
Marston, P.C.
6410 Poplar Avenue
Suite 1000
Memphis, TN 38119
(901) 522-9000 Office
(901) 527-3746 Fax
(901) 481-6358 Cell
[email protected]
www.martintate.com
• Mr. Piovarcy successfully defended a manufacturer of heavy industrial equipment. The manufacturer was self-insured.
The latest case involved a metal crusher which was alleged to be defective.
• Mr. Piovarcy has successfully defended a major retailer who sells power tools. The case involved a circular saw with
respect to a claim brought by a consumer who injured his hand while using the circular saw. It was found that the
consumer had failed to obey the warnings with respect to the power tool.
• Mr. Piovarcy has successfully defended pharmaceutical companies with respect to three death claims caused by a
pharmaceutical which is a potent pain killer.
• Mr. Piovarcy has prepared a paper with respect to the component part doctrine in Tennessee and presented the paper at a
USLAW client conference in 2007.
Product Experience
• Breast Implants
Equipment and Goods
• Food Products
•
•
•
•
Hand Tools
Pharmaceuticals, Prescription
Medications
• Power Tools
Transportation
Education
• 1966, J.D., Vanderbilt School of Law
• 1963, B.A., English, University of Notre Dame
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TENNESSEE
Shea Sisk Wellford is licensed to practice in Tennessee and Arkansas and is admitted to the United States District Courts for the
Western District of Tennessee, Middle District of Tennessee, Eastern District of Arkansas, Eastern District of Michigan, the
United States Court of Appeals for the Sixth Circuit and the United States Supreme Court. Ms. Wellford devotes the majority of
her practice to commercial litigation matters, including the defense of manufacturers, distributors and sellers of products in
product liability actions.
Shea Sisk Wellford
Martin, Tate, Morrow &
Marston, P.C.
6410 Poplar Avenue
Suite 1000
Memphis, TN 38119
(901) 522-9000 Office
(901) 527-3746 Fax
(901) 210-5176 Cell
sheawellford@martin
tate.com
www.martintate.com
• Davis v. Komatsu Am. Indus. Corp., 42 S.W. 3d 34 (Tenn. 2001): Established the “component part doctrine” defense in
Tennessee.
• Self v. Wal-Mart Stores, Inc., Circuit Court of Phillips County, Arkansas: Defended seller of allegedly defective riding lawnmower. Case was settled prior to trial.
• Bain v. Wyeth Pharmaceuticals, Inc., et al., United States District Court, Western District of Tennessee: Defense of distributor of metoclopramide. Case currently pending.
Product Experience
Equipment
Medications
• Power Tools
Education
• 1994, J.D., Univerisity of Memphis, high honors
• 1991, B.A., English with a minor in Sociology, Vanderbilt University
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76
Cox Smith Matthews Incorporated
TEXAS
Ms. Bockus has over 30 years of experience as a trial lawyer. She has been first chair counsel in dozens of jury trials in a wide
range of cases including cases claiming products liability, Consumer Credit Code violations, insurance bad faith, and medical
and legal malpractice defense. In the last ten years, her practice has focused primarily on products liability defense. Jane has
been involved in all phases of the defense of products liability cases, from the developing of defense strategies, to indentifying
and working with key experts, to successfully trying the cases to a jury. She has tried cases in State and Federal court both in
and out of Texas.
Jane E. Bockus
Cox Smith Matthews
Incorporated
112 E. Pecan Street
Suite 1800
San Antonio, TX 78205
(210) 554-5500 Office
(210) 226-8395 Fax
(210) 710-4517 Cell
[email protected]
www.coxsmith.com
• Wallace M. Williams, Jr. and Carol F. Williams, et al v. Hyon-Ho Shin, M.D., et al, Travis County Texas, 202nd Judicial District
Court, No. GN203683. Medical malpractice case involving allegations that Defendants failed to diagnose severe diabetic
acidosis. The trial resulted in a defense verdict.
• Linda Reeves v. Wyeth, et al, United States District Court, Eastern District of Arkansas, Western Division, MDL 4:05-CV00163-WRW – MDL Bellwether pharmaceutical products liability case involving allegations that Plaintiff’s breast cancer
was caused by her use of hormone replacement therapy. The trial resulted in a defense verdict.
• Helen Rush v. Wyeth, et al, United States District Court, Eastern District of Arkansas, Western Division, MDL 4:05-CV-0497WRW - MDL Bellwether pharmaceutical products liability case involving allegations that Plaintiff’s breast cancer was
caused by her use of hormone replacement therapy. The trial resulted in a defense verdict.
Product Experience
• Asbestos
• Breast Implants
Equipment
Equipment
Equipment and Goods
Medications
• Power Tools
• Tires
Transportation
Education
• 1979, J.D., St. Mary’s University School of Law
• 1974, B.A., History, Southern Methodist University
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TEXAS
Tom Fee has represented retail sellers and manufacturers of various products in Texas for over a decade. Mr. Fee devotes approximately 25% of his practice to the defense of a variety of products. Some of the representative products Mr. Fee has defended
in the past are: kitchen and laundry appliances, heating and air conditioning units, watercraft, amusement and water park
rides, cosmetics, construction/farm equipment, fire protection systems, motor homes and numerous retail sellers of automobiles and motorcycles.
Thomas W. Fee
Fee, Smith, Sharp &
Vitullo, L.L.P.
Three Galleria Tower
Suite 1000
13155 Noel Road
Dallas, TX 75240
(972) 980-3259 Office
(972) 934-9200 Fax
(214) 418-0300 Cell
(214) 418-0300 Home
[email protected]
www.feesmith.com
• N/A – All product cases have settled.
• Panelist – “Mega Verdicts,” Products Liability Tract, USLAW Conference, Spring 2009
Product Experience
• Automobiles
Pleasure)
Equipment
Equipment
Equipment and Goods
• Cosmetics
Devices
•
•
•
•
Furniture
Lifting Equipment
Vehicles
Education
• 1991, J.D., Paul M. Hebert Law Center, Louisiana State University
• 1987, B.S., Louisiana State University
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78
TEXAS
Mike Sharp has been involved with products liability law for over 15 years representing international and national products
manufacturing companies in federal and state courts throughout Texas. Mike has tried numerous wrongful death and catastrophic injury cases to verdict in these courts. Mike is a member of the USLAW Products Liability Practice Group. Over 20% of
Mike’s practice is dedicated to the representation of product manufacturers and distributors.
Michael P. Sharp
Fee, Smith, Sharp &
Vitullo, L.L.P.
Three Galleria Tower
Suite 1000
13155 Noel Road
Dallas, TX 75240
(972) 934-9100 Office
(972) 934-9200 Fax
(214) 418-3400 Cell
(214) 363-7373 Home
[email protected]
www.feesmith.com
• Jason Richards v. Lasco Manufacturing; U.S. District Court for the Eastern District of TX; Case involving an alleged defective fan that caught on fire in an equestrian barn and killed a valuable stallion. Case settled prior to trial.
• Rodger Hill v. Hewelett-Packard Company; Tarrant County, TX; Case involving an alleged defective battery in Plaintiff’s laptop computer that caught on fire and the fire spread through Plaintiff’s residence. Case settled prior to trial.
• Elizabeth Kohler v. Elizabeth Arden Spas, Inc., et al; Dallas County, TX; Case involving alleged damages as a result of chemical glue adhesive used to adhere hair extensions to Plaintiff’s hair. Plaintiff non-suited all Defendants.
• “What’s it Worth?,” Council on Litigation Management Annual Conference, 2011
• “Preparing & Presenting The Corporate Representative,” ATA Litigation Forum for Motor Carrier General Counsel
Product Experience
Equipment
Equipment and Goods
•
•
•
•
Cosmetics
Roofing Systems
Transportation
• Windows
Education
• 1991, J.D., Louisiana State University
• 1988, B.S., Finance, Louisiana State University
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79
TEXAS
Brian P. Johnson practices in all state and federal courts in Texas. Additionally, he is frequently admitted pro hac in a number
of states around the country in his role as national coordinating counsel for one of the world’s largest pharmaceutical companies. Mr. Johnson practices in the areas of product liability litigation, commercial litigation and medical malpractice. He primarily focuses on drug and medical device litigation. He has been honored by America’s Best Lawyers and recognized as a Texas
Super Lawyer. Mr. Johnson has been board certified in personal injury trial law since 1987. He has extensive trial experience
throughout Texas and has served as Texas regional counsel for several mass tort litigations.
Brian P. Johnson
Johnson, Trent, West &
Taylor, L.L.P.
919 Milam, Suite 1700
Houston, TX 77002
(713) 222-2323 Office
(713) 222-2226 Fax
bjohnson@johnson
trent.com
www.johnsontrent.com
• Cavazos v. GlaxoSmithKline, Brownsville, Texas. Defense verdict in product liability wrongful death case with allegations of
inadequate warnings and marketing practices.
• Dolard v. Burroughs Wellcome, Houston, Texas. Defense verdict in a wrongful death case of a four-year-old boy who accidentally ingested several drops of a flea dip emulsion. Plaintiffs alleged the child resistant cap failed and that the product
was inherently too dangerous. The jury assigned responsibility to the mother.
• Haltom v. Bayer Corporation and GlaxoSmithKline, Corpus Christi, Texas. The Plaintiffs non-suited our client,
GlaxoSmithKline, two weeks before trial.
• “Dealing with Sympathy in Closing Argument in Catastrophic Injury Cases,” DRI Drug and Medical Device Conference,
Chicago, IL, May 2011
Product Experience
• Chemicals, Solvents, and Plastics
Medications
Education
• 1981, J.D., University of Houston
• 1978, B.A., Economics, University of Texas
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80
TEXAS
T. Christopher Trent
Johnson, Trent, West &
Taylor, L.L.P.
919 Milam, Suite 1700
Houston, TX 77002
(713) 222-2323 Office
(713) 222-2226 Fax
(281) 948-1826 Cell
[email protected]
www.johnsontrent.com
T. Christopher "Chris" Tent has been licensed to practice law in the State of Texas since 1991. His product liability trial practice
involves the representation of many product manufacturers, including multiple tire, motorcycle, recreational vehicle, helmet
and tank/cylinder manufacturers and other industrial equipment. Chris also handles mass torts, toxic torts, construction, and
commercial litigation.
Chris serves on a national trial/expert team for one of the world's largest tire manufacturers in product liability matters and
has participated in pre-trial matters and/or trials in Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, George,
Louisiana, Mississippi, Montana, Nevada, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee,
Texas, Utah, Washington, West Virginia and Puerto Rico. Chris serves as a national counsel for one of the largest motorcycle manufacturers in product liability claims associated with particular types of crashes. Chris also serves as a national counsel for one
of the world's largest industrial gas companies in product liability, mass tort, toxic tort, and commercial litigation.
Chris is regional counsel for two prominent tire manufacturers and an industry leading recreational vehicle manufacturer
handling cases in Texas, Oklahoma, New Mexico, Kansas and other portions of the United States.
In addition to his trial practice, Chris has argued appellate matters in Texas State Appellate Courts and the U.S. Court of
Appeals for the Fifth Circuit.
Chris has been honored as a Texas "Super Lawyer" yearly since 2005.
• Civil Action No. 4:08CV249; Maria Rodriguez Trenado, Individually and as Representative of the Estates of Her Spouse,
Martin Ramon Trenado, Deceased, and of her son Jose Trenado, Deceased, and Emanuel Trenado, Individually, and Jessica
Trenado, Individually v. Cooper Tire & Rubber Company, an Delaware Corporation, and Sears, Roebuck and Co., d/b/a Sears
Auto Center; United States District Court, Southern District of Texas. This was a double death case and multiple injury case
involving the tread/belt separation of a rear Cooper tire on a van. The case was tried and a defense verdict was rendered in
September 2010.
• Angel Silva, et al. v. Bridgestone Americas Holding, Inc., et al.; In the Superior Court of the State of California, County of Los
Angeles, Central District. This was a single death case involving the tread/belt separation of a Firestone tire on a Ford
Ranger. The case was tried and a defense verdict was rendered in July 2009.
• Cause No.: 2005-1364; Elio Viramontes v. Four Wheel Center Inc., et al.; In 346th Judicial District Court of El Paso County,
Texas. This was a significant injury case of a man servicing a large off road tire that exploded while being mounted on a
wheel. After a four week trial beginning in January 2009, and after closing arguments, Chris’ client was dismissed before
the jury deliberated.
Product Experience
• Automobiles
Pleasure)
Equipment
Equipment and Goods
• Food Products
Vehicles
•
•
•
•
Roofing Systems
Tires
Transportation
Education
• 1991, J.D., Georgetown University Law Center, cum laude
• 1988, B.A., Political Science, B.A., Spanish, Vanderbilt University, magna cum laude
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81
Strong & Hanni, PC
UTAH
Paul has nearly 30 years of experience representing clients in product liability cases. He handles matters involving litigated
claims, administrative claims, arbitration, mediation or negotiation of legal issues and helps clients resolve claims before litigation through alternative dispute forums when possible. He has successfully defended large product liability cases ranging
from construction products to power equipment. In addition to these products, he has defended cases involving motor vehicle/
wrecker design and manufacturing equipment.
Paul has extensive experience in all stages of litigation in both state and federal courts, including jury trial and appellate practice. He has experience trying cases before both United States District courts and Utah State Trial Courts. He has argued over 25
cases in appellate courts including before the Utah Supreme Court, Utah Appellate Court, and 10th Circuit Court of Appeals.
Paul M Belnap
Strong & Hanni, PC
3 Triad Center
Suite 500
Salt Lake City, UT 84180
(801) 323-2010 Office
(801) 596-1508 Fax
(801) 839-9778 Cell
(801) 544-9282 Home
pbelnap@strongand
hanni.com
www.strongandhanni.com
• National Serv. Indus. v. B.W. Norton Mfg. Co., 937 P.2d 551, (Utah Ct. App; 1997)
• Bishop v. GenTec, 48 P.3d 281 (Utah 2002)
• Sullivan v. Scoular Grain Co., 853 P.2d 877, (Utah 1993)
Product Experience
Equipment
Equipment
Equipment and Goods
Devices
Equipment
Equipment
• Power Tools
Education
• 1978, J.D., Brigham Young University
• 1975, B.S., Psychology, University of Utah, magna cum laude, Phi Beta Kappa
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82
Strong & Hanni, PC
UTAH
Stephen J. Trayner has been practicing law since 1986 and has extensive experience defending product liability, premises liability, transportation, and commercial litigation cases. As the firm’s products liability practice group leader, he has successfully
defended product liability matters for an array of manufacturers and clients.
He was invited in 2008 to become a Fellow in the American College of Trial Lawyers, an honor restricted to no more than 1%
of practicing attorneys in the United States, based upon his professionalism and extensive and highly successful history of jury
trials. He has successfully tried to conclusion more than fifty jury trials in Utah state and federal courts and argued appeals before Utah appellate courts and the 10th Circuit Court of Appeals.
Stephen J. Trayner
Strong & Hanni, PC
3 Triad Center
Suite 500
Salt Lake City, UT 84180
(801) 323-2010 Office
(801) 596-1508 Fax
strayner@strongand
hanni.com
www.strongandhanni.com
• Safeway v. Union Pointe Construction, (U.S. District Ct., Utah; 2005)
• Traveler v. Peterson, (3rd District Salt Lake County)
Product Experience
Equipment
• Chemicals
• Construction Products
Equipment and Goods
Devices
• Fireplaces and Stoves
• Food
• HVAC Systems
• Industrial Machinery and
Equipment
• Medical Devices
• Propane Devices
• Sporting Goods and Equipment
• Swimming Pool Equipment
Education
• 1986, J.D., University of Utah, Winner Roger J. Traynor Moot Court Competition, 1984-1985, Vice Chancellor, Roger J.
Traynor Moot Court Society, 1985-1986
• 1982, B.A., Political Science, Brigham Young University, magna cum laude
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83
LeClairRyan
VIRGINIA
Bruin S. Richardson III
LeClairRyan
951 East Byrd Street
8th Floor
Richmond, VA 23219
(804) 658-7582 Office
(804) 783-1138 Fax
bruin.richardson@
leclairryan.com
www.leclairryan.com
Mr. Richardson leads the firm’s Tort Defense practices and has more than 20 years of litigation experience including significant
expertise in labor and employment, professional liability (accountants, architects and engineers), trucking, and products liability. He represents clients in employment matters involving FMLA and FLSA as well as Title VII, ADA, sexual harassment and
discrimination claims based on age, race, sex and disability. He also handles matters involving collective bargaining, union
election campaigns and other union issues. His clients have ranged from coal companies, textile manufacturers and banking
institutions to small architectural firms and nonprofit organizations. He co-developed WorkNETT, a nationally marketed, internet-based software application that trains employees on issues such as sexual harassment and discrimination in the workplace. He also counsels construction clients regarding construction contracts and disputes. His clients include design
professionals, contractors and owners. He has represented manufacturers and distributors of products including nutraceuticals, pharmaceuticals, and various medical devices.
Product Experience
• Asbestos
Medications
Education
• 1989, J.D., University of Michigan School of Law
• 1986, B.A., Politics, Washington & Lee University, magna cum laude
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84
LeClairRyan
VIRGINIA
Charles K. Seyfarth
LeClairRyan
951 East Byrd Street
8th Floor
Richmond, VA 23219
(804) 916-7159 Office
(804) 916-7259 Fax
charles.seyfarth@
leclairryan.com
www.leclairryan.com
Mr. Seyfarth focuses on business and financial services litigation, and products liability defense. He also has considerable experience in class action litigation. He helps business clients with commercial disputes, intellectual property matters, business
torts and contract disputes. He frequently helps clients with risk management issues and litigation avoidance. He represents
financial services providers in defense of class action and single-plaintiff actions involving federal consumer protection statutes
including the Fair Credit Reporting Act, Truth in Lending Act and Equal Credit Opportunity Act. He has particular experience
in claims regarding the enforceability of class arbitration provisions. He defends designers, manufacturers and sellers against
claims of alleged product defects. He handles cases involving catastrophic injury or death, and products including manufacturing and industrial equipment, chemicals, automobiles, planes and aircraft, consumer electronics, power tools, and sports
and recreational equipment. He also defends actions involving sports and recreational facilities, including cases against ski resorts and sporting facilities.
• Atlantic Bulk Carrier v. Milan Express Co., Inc., 2010 Lexis 74995 (E.D.Va. 2010)
• Sprouse v. Am. Tire Distrib., Inc. et al., 2009 WL 1404735 (E.D.Va. 2009)
• Carter v. Hitachi Koki U.S.A., Ltd., 445 F. Supp. 2d 597 (E.D. Va. 2006)
•
•
•
•
“Legal Update,” National Ski Areas Association, Wintergreen, Virginia, October 2010
“Legal Update,” National Ski Areas Association, Wisp, Maryland, October 2008
“The Enforceability of Class Action Waiver Provisions in Arbitration Agreements,” DRI Business Suit, April 2008
“The Enforceability of Class Action Waiver Provisions in Arbitration Agreements,” PLBA, Elbow Beach, Bermuda,
November 2007
Product Experience
• Automobiles
Equipment and Goods
• Hand Tools
• Power Tools
Education
• 1999, J.D., University of Richmond School of Law, cum laude, Order of the Barristers (for outstanding oral advocacy), Moot
Court Board President, National Moot Court Team, National Negotiations Team
• 1997, Cambridge University, Summer Program concentrating on International Law and Law of the European Community
• 1993, B.A., Communications, Virginia Tech
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LeClairRyan
VIRGINIA
Mr. Yates represents clients in all forms of civil trial practice with an emphasis in tort defense, transportation cases premises liability and construction law. He has successfully tried more than 85 jury trials in state and federal courts throughout Virginia.
In addition to his primary practice areas, he has significant experience in cases involving fraud, business torts, commercial
and residential landlord tenant matters and will contests.
H. Robert Yates
LeClairRyan
123 East Main Street
Suite 800
Charlottesville, VA 22902
(434) 245-3425 Office
(434) 296-0905 Fax
(804) 248-8709 Cell
robert.yates@
leclairryan.com
www.leclairryan.com
Product Experience
•
•
•
•
•
•
Asbestos
Automobiles
Equipment
Equipment
Equipment and Goods
• Firearms
• Food Products
Equipment
•
•
•
•
•
•
Lifting Equipment
Power Tools
Roofing Systems
Scaffolding
Transportation
Education
• 1993, J.D., University of Virginia School of Law
• 1984, M.B.A., College of William & Mary
• 1981, B.A., Economics, University of Virginia
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Williams Kastner
WASHINGTON
Bob Manlowe is a member in Williams Kastner’s Seattle office and has more than 25 years of experience in product liability defense. His practice involves product liability, Complex Litigation Management, ESI/e-Discovery consultation services and crisis management. He serves as National Coordinating Counsel for clients involved in mass tort cases. He serves on the Crisis
Management Teams for several companies in the product manufacturing, construction and industrial sectors. Mr. Manlowe is
past chair of Williams Kastner’s Product Litigation and Mass Torts Practice Group and chairs the ESI/e-Discovery Consulting
Services Team. He served on the Board of Directors for the International Association of Defense Counsel (“IADC”) from 20052008. Mr. Manlowe founded the IADC’s ESI/e-Discovery Task Force and designed the IADC’s ESI/e-Discovery strategic initiative. In addition, Mr. Manlowe serves on the Lawyers for Civil Justice (“LCJ”) E-discovery Committee.
Robert (Bob) C.
Manlowe
Williams Kastner
Two Union Square
601 Union Street
Suite 4100
Seattle, WA 98101
(206) 628-2777 Office
(206) 628-6611 Fax
(206) 423-0278 Cell
bmanlowe@williams
kastner.com
Bob, as National Counsel, oversees and manages National, Regional and Local Trial Counsel all over the country. In the last two
years, his trial teams have obtained nine consecutive defense verdicts/judgments.
• Moderator, “Law Office 2010 – See the Future Today!,” IADC Midyear Meeting, Carlsbad, CA, February 11, 2014
• Speaker, “21st Century Crisis Management: From Catastrophic Incident Response to Cyber Information Breach,” Oregon
Governor’s Occupational Safety & Health (GOSH) Conference, Portland OR, March 6, 2013
• Moderator, “Cloudy Days Ahead: Cloud Computing and Litigation,” IADC Annual Meeting, Asheville, North Carolina, July
11, 2012
• Co-Moderator, “Presenting Your Case With a Tablet” IADC Regional Meeting, Seattle, WA, May 22, 2012
• Co-Speaker, “Linear ‘No Threshold’ Model of Asbestos Disease Causation: How to Defeat or Exclude,” IADC Midyear
Meeting, Rancho Mirage, CA, February 14, 2012
• Co-Speaker, “The Effective Use of Courtroom Technology,” IADC Annual Meeting, Whistler, BC, July 12, 2011
• Co-Author, “Literature Refuting Single-Fiber Theory and Zero-No-Threshold/Linear-Dose Model,” February 2012
• Co-Author, “Paradigm Shifts in e-Discovery Litigation: Cooperate or Continue to Pay Dearly, “ Defense Counsel Journal,
April 1, 2011
• Co-Author, “An Inconvenient Forum – Reining In E-Discovery in the United States,” Metropolitan Corporate Counsel,
February 2011
Product Experience
•
•
•
•
•
Asbestos
Automobiles
Equipment
Equipment
Equipment and Goods
• Food Products
• Ladders
and Safety Devices
•
•
•
•
•
•
Roofing Systems
Scaffolding
Tires
Transportation
• Windows
Education
• 1984, J.D., Seattle University, cum laude
• 1981, B.S.E., Civil Engineering, Princeton University
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87
Williams Kastner
WASHINGTON
Rodney L. Umberger
Williams Kastner
Two Union Square
601 Union Street
Suite 4100
Seattle, WA 98101
(206) 628-2421 Office
(206) 628-6611 Fax
(206) 755-6369 Cell
rumberger@williams
kastner.com
Rod Umberger is a member in the Seattle office, where he has chaired the Business Litigation Practice Group and served on the
Board of Directors. He is a trial lawyer with more than 25 years of experience in the courtroom.
Mr. Umberger’s product liability experience includes defending pharmaceutical companies and medical device manufacturers in state and federal courts and in multidistrict national litigation. He has served as both National Coordinating Counsel
and MDL Counsel in national product liability litigation and has developed significant knowledge and experience in addressing issues that arise in multidistrict litigation. He has defended manufacturers of construction products, firearms, PVC pipes,
heavy agricultural machinery and industrial equipment and machinery in wrongful death and catastrophic injury cases. His
product liability practice also encompasses consumer products and toxic torts, and he serves on two national trial counsel
teams in asbestos litigation.
Mr. Umberger has been named to Super Lawyers by Super Lawyers magazine for several years and recently was one of only
sixteen attorneys in the state of Washington recognized as a top civil litigation defense attorney by the Corporate Counsel Edition
of Super Lawyers magazine. He has been “AV Preeminent” peer review rated by Martindale-Hubbell since 1998.
Mr. Umberger is a member of the American Bar Association – Product Liability Committee, Defense Research Institute –
Product Liability Committee, Washington Defense Trial Lawyers and the International Association of Defense Counsel.
• Clauson v. Ashland, Inc. – Asbestos, three-week jury trial in WA Superior Court. Settled on first day of jury deliberations for
amount offered at mediation before trial.
• Holloway v. LinkBelt – Crane, two-week jury trial, USDC. Verdict in favor of plaintiff for $125,000.
• Saucier v. DePuy – Medical device, three-week jury trial in WA Superior Court. Hung jury – plaintiff dismissed case.
• “Defense Perspective on Corporate Designee Depositions under FRCP 30(b)(6),” USLAW Network Fall Conference,
Vancouver, British Columbia, October 4, 2013
• “Cutting-Edge Settlement and Defense Strategies for Complex Litigation,” USLAW Network Spring Client Conference,
Laguna Beach, CA, April 10-14, 2012
• “New and Enduring Issues in Asbestos Litigation,” HB Litigation Conference – Emerging Trends in Asbestos Litigation,
Marina del Rey, California, March 4-5, 2010
• “Pressure Points: Today’s Challenges in Building & Maintaining Top-Notch In-House/Outside Counsel Teams,” LexisNexis
Martindale-Hubbell Counsel to Counsel Series, Seattle, Washington, October 29, 2009
• “Closing Arguments,” Litigation Counsel of America Spring Conference, Santa Fe, New Mexico, May 2009
Product Experience
•
•
•
•
Asbestos
Equipment
Equipment and Goods
•
•
•
•
•
Firearms
Food Products
Medications
Transportation
Education
• 1987, J.D., University of Tennessee College of Law
• 1984, B.A., Furman University
®
88
WEST VIRGINIA
Mr. Baker is a hands-on litigator, with approximately 16 years of experience defending pump and crane manufacturers, railroads, industrial distribution companies, and chemical manufacturers. He is accustomed to defending large, outside clients in
some of the most dangerous jurisdictions in West Virginia. His practice is largely devoted to product liability defense at this time.
As a complement to the practice, Mr. Baker also represents industrial manufacturers and suppliers in silica, asbestos, and
chemical exposure claims.
Rodney Baker
611 Third Avenue
Huntington, WV 25701
(304) 691-8389 Office
(304) 522-4312 Fax
(304) 634-1238 Cell
rbaker@huddleston
bolen.com
www.huddlestonbolen.com
The rules of the WV Bar prohibit us from providing this information.
Product Experience
•
•
•
•
Asbestos
Equipment
Equipment and Goods
•
•
•
•
Lifting Equipment
Locomotives and Locomotive
Equipment
Vehicles
and Safety Devices
Education
• 1995, J.D., West Virginia University College of Law
• 1991, B.B.A., Marshall University, magna cum laude
®
89
WEST VIRGINIA
J. David Bolen’s practice focuses primarily in the area of general civil litigation defense with an emphasis on product liability,
class action, and mass tort defense My practice includes extensive experience in both the Federal and State Courts of West
Virginia concerning the defense of toxic tort and product liability matters including claims of product defect and failure to
warn. Mr. Bolen has handled class actions and mass plaintiff lawsuits alleging environmental damage, consumer fraud and
chemical exposure. His clients include oil companies, chemical manufacturers, hospitals, railroads, trucking companies, barge
and tow operations, product manufacturers, and insurance companies. Mr. Bolen serves as a member of the firm’s Management
Committee and has been named as a Rising Star by Super Lawyers Magazine since 2009.
J. David Bolen
611 Third Avenue
(304) 691-8464 Office
(304) 522-4312 Fax
(859) 552-4335 Cell
jbolen@huddleston
bolen.com
The rules of the WV Bar prohibit us from providing this information.
Product Experience
• Automobiles
Pleasure)
Equipment and Goods
Equipment
Vehicles
and Safety Devices
• Tires
Transportation
Education
• 2001, J.D., University of Kentucky College of Law
• 1998, B.A., History and Politic Science, University of Kentucky
®
90
WEST VIRGINIA
In his twenty-five years of practice with Huddleston Bolen, Mr. Lafferre’s practice has concentrated in litigating commercial
cases, product liability cases, and personal injury and cases brought under state and federal law. He has litigated thousands of
cases in trial and appellate courts and has tried over thirty cases to verdict, with many having multiple plaintiffs and taking over
a week to try, with three each taking three weeks to complete. More than fifty percent of his current cases are product liability
cases.
Luke A. Lafferre
P.O. Box 2185 (25722)
611 Third Avenue
(304) 691-8308 Office
(304) 522-4312 Fax
(304) 360-1207 Cell
llafferre@huddleston
bolen.com
None. All product liability cases have been worked up to enable settlement on terms favorable to our clients.
• “How to Read and Understand a Business Contract,” Huddleston Bolen LLP Business4Business Seminar, Huntington,
West Virginia, 2012
• “Jury Selection Issues,” Panel discussion, Defense Trial Counsel of West Virginia Annual Meeting, Myrtle Beach, North
Carolina, 2009
• “Offensive Use Of Indemnity Clauses In Occupational Disease Releases,” National Association of Railroad Trial Counsel
55th Annual Meeting, San Francisco, California, 2009
• “Diesel Fume Claims,” 14th Annual Meeting of the American Short Line Railroad Association, Rockland, Maine, 2007
• “An Introduction To Medicare Claims for Reimbursement,” Meeting Notebook, Defense Trial Counsel of West Virginia
Annual Meeting, 2005
Product Experience
•
•
•
•
•
Asbestos
Locomotives and Locomotive
Equipment
Medications
• Power Tools
and Safety Devices
Transportation
Education
• 1984, J.D., West Virginia University
• 1981, B.S., West Virginia University
®
91
Williams, Porter, Day & Neville PC
WYOMING
Mr. Neville has been defending personal injury cases for the past 12 years, primarily handling injury and wrongful death cases
involving vehicles, medical negligence, products liability and catastrophic work-related injuries in the oil and gas industry. He
practices in all state and federal courts in Wyoming. He has defended cases on behalf of manufacturers and distributors with
roughly 20% of his practice involving products liability cases and injuries. While the overwhelming majority of Mr. Neville’s
cases involve injury, a number of products liability matters have involved the failure of products while in service resulting in
multimillion dollar damages to business pursuits.
Jason A Neville
Williams, Porter, Day
& Neville PC
159 N. Wolcott, Suite 400
PO Box 10700
Casper, WY 82601
(307) 265-0700 Office
(307) 266-2306 Fax
(307) 262-2413 Cell
[email protected]
www.wpdn.net
• Mr. Neville has handled numerous cases involving electrical switch gears (catastrophic burns, industrial cranes (traumatic
brain injury), oil and gas drilling masts (catastrophic vertebral crush and herniation; lost profits/commercial injury),
water well pumps (death by electrocution), automated gates (career ending ligament and joint injury), manufactured steel
roofing (lost profits/commercial injury), gear boxes (lost profits/commercial injury), and other products causing catastrophic injury to individuals. He has also handled a number of mesothelioma/asbestos matters (wrongful death) as well
as over-the-counter products liability cases involving ephedra (sudden cardiac death). Representative trials include the
successful defense of numerous physicians, oil and gas drilling companies and individuals.
• Mr. Neville frequently lectures to the Wyoming State Bar regarding litigating cases in federal courts, civility and the practice of law for the Young Lawyers Division.
• He also provides lectures to insurance companies, adjustors and other lawyers with respect to claim handling strategies.
Product Experience
•
•
•
•
Asbestos
Automobiles
Equipment
Equipment and Goods
Devices
Medications
• Roofing Systems
Education
• 2000, J.D., University of Wyoming College of Law
• 1997, B.A., English with minor in American Indian Studies, University of Wyoming
®
92
Clark Wilson LLP
CANADA – BRITISH COLUMBIA
Nigel Kent is a partner of the firm and Co Chair of the Insurance Group. With over 32 years’ experience in insurance and business litigation matters, Nigel has handled a wide variety of insurance coverage and contribution claims at the trial and appellate levels in both Alberta and BC.
Nigel has drafted MGA contracts and policy wording for specialty indemnity products being brought to market, represented
insureds on multi party litigation product liability and construction claims, and defended numerous class actions where cases
were dismissed or settled on favourable terms. He has handled liability assignments involving complex and catastrophic claims,
products liability, professional E&O claims, directors and officers’ liability, environmental liability, media liability and excess/out
of province auto claims.
Nigel is an elected member of the International Association of Defence Counsel and, based on peer selection, is listed as leading insurance counsel in both The Best Lawyers in Canada and Lexpert Directories.
Nigel Kent
Clark Wilson LLP
900-885 West Georgia Street
Suite 900
Vancouver, BC V6C 3H1
(604) 643-3135 Office
(604) 687-6314 Fax
[email protected]
www.cwilson.com
• “P&C Insurance: Top Cases & Industry Developments 2011 – 2012,” May 2012
• “Construction Contracts & Project Insurance: ‘We're Covered Right?’ (or maybe not),” Northern Alberta Risk and
Insurance Management Society, March 14, 2012
• "Bad faith litigation in Canada – Much ado about nothing?,” USLAW Magazine, Fall/Winter 2012 (Co author with
Samantha Ip).
• “BC's New Insurance Act: Making the Transition to the New World Order,” Clark Wilson LLP, March 2012 (Coauthor with
Raman Johal)
• “The Role of an Insurance Adjuster in Property Insurance Claims,” Clark Wilson LLP, July 2011
• “The Art and Science of Policy Interpretation: A Review of Supreme Court of Canada Decisions in the Past 30 Years,” Clark
Wilson LLP, 2011 (Co author with Oliver Hanson)
• “Excluding Exclusions: The Role of Reasonableness in the Interpretation of Insurance Policies,” Clark Wilson LLP, 2011
(Co author with Marlisse Silver Sweeney)
• “Directors and Officers Liability in Canada: A Review of Exposures and Coverages Available under D&O Policies,” Clark
Wilson LLP, June 2008
Product Experience
• Automobiles
Equipment
Equipment
Equipment and Goods
Devices
• Food Products
Medications
Education
• 1980, LL.B., , Dalhousie University, Nova Scotia, Canada
®
93
Kelly Santini LLP
CANADA – ONTARIO
Mark Gallagher is an experienced litigator, having been called to the bar in 2006 and focusing mainly on commercial litigation
since articling. In recent years, his practice has been approximately 25% product liability matters, mostly within the aviation
industry. Mark combines extensive Courtroom experience and advocacy skills with a determination to find economical solutions and relief for his clients. Mark recognizes the value of practical, forward-looking legal advice at every stage of a matter, and
strives to let that permeate his practice.
Mark Gallagher
Kelly Santini LLP
160 Elgin Street
Suite 2401
Ottawa, Ontario K2P 2P7
(613) 238-6321 Office
(613) 233-4553 Fax
mgallagher@
kellysantini.com
www.kellysantini.com
• Conducting the defence of a major international airplane manufacturer in a recent complex multiparty product liability
action resulting from an alleged engine failure and crash of a single engine airplane involving fatality and serious injury to
passengers. Result: settlement involving contribution from multiple parties at a two-day mediation in Vancouver.
• Conducting the defence of a major United States-based engine manufacturer in two unrelated complex multi-party product liability actions resulting from engine failures and crashes of single engine helicopters in British Columbia resulting in
multiple fatalities and serious personal injuries, respectively. Result: settlement before trial in each instance.
• Conducting the defence of a United States-based helicopter engine overhauler in a negligence action resulting from an
engine failure and accident in which the aircraft was a total loss and the pilot of the helicopter was fatally injured. Result:
settlement before trial.
• Conducting the defence of a large United States-based manufacturer of plumbing and toilet materials against a variety of
water damage claims and allegations grounded in product liability. Result: files ongoing.
Product Experience
Equipment
Education
• 2005, LL.B., University of British Columbia
• 2001, B.A., University of British Columbia
®
94
CANADA – QUEBEC
Philippe Chagnon was called to the bar in 2007. He began his practice in another firm, representing major insurers in all aspects
of civil litigation. His practice includes debt recovery, commercial and business litigation, civil litigation and insurance law. He
has a particular focus on product liability, representing both Plaintiffs and Defendants.
Philippe Chagnon
Therrien Couture
Lawyers L.L.P.
4605-B
Lapinière Blvd., #350
Brossard, Québec J4Z 3T5
(450) 773-6326 Office
(514) 335-9797 Fax
(438) 823-4409 Cell
philippe.chagnon@
therriencouture.com
www.therriencouture.com
Product Experience
• Asbestos
Equipment
Equipment
Equipment and Goods
Devices
• Food Products
• Furniture
•
•
•
•
•
Roofing Systems
Transportation
• Windows
Education
• 2005, LL.B., Université de Montréal
®
95
CANADA – QUEBEC
Jean-Luc Couture is a founding shareholder and is a resident of the firm’s Brossard, Quebec office. He represents and advises
many companies in the food industry, and has extensive experience representing clients before the Board of agricultural and
food markets and in other complex litigation.
Jean-Luc Couture has practiced in the field of Product Liability for 26 years of his career and 20% of his practice is dedicated
to this area of the law.
Jean-Luc Couture
Therrien Couture
Lawyers L.L.P.
4605-B
Lapinière Blvd., #350
Brossard, Québec J4Z 3T5
(450) 462-8555 Office
(450) 462-5955 Fax
jean-luc.couture@
therriencouture.com
www.therriencouture.com
• Ferme avicole Héva inc. c. Coopérative fédérée de Québec (portion assurée), 2008 QCCA 1053
• Represented three farms in a one week appeal hearing relating to a salmonella outbreak which caused damages that were
claimed against the supplier of the poultry in a 72-day trial hearing.
• Speaker at the Third Annual Canadian Summit on Food Safety on April 25th, 2007. The conference entitled was
“Protecting the Customer and your Company.”
Product Experience
Equipment
Equipment and Goods
• Food Products
Education
• 1987, Quebec Bar
• 1986, LL.B., Université Laval
• 1991, LL.M., International Banking Law, Boston University
®
96
®
Client Services & Products: USLAW SOLUTIONS
USLAW NETWORK offers our members' clients countless products free of charge to assist with their day-to-day operations and management of legal
issues. Many of these products are the direct result of concepts and initiatives developed by our USLAW Client Leadership Council.
The following listings detail each product which runs the gamut from USLAW Solutions to USLAW Resources and finally to USLAW People. We
encourage you to review these and take advantage of those that are applicable to you and your company.
USLAW is continually seeking ways to ensure that your legal outcomes are seamless and, most importantly, successful and we hope that these resources can assist in this regard. Please don't hesitate to send us input on your experience with any of the items listed in the Sourcebook as well as ideas
for the future that would benefit you and your fellow colleagues.
TEAM USLAW
USLAW ON CALL
Corporations and insurers alike need consistent, quality legal services over
a broad spectrum of legal and geographical areas. The cost, time, and expertise required in securing legal representation and negotiating fee
schedules throughout the region, country and around the world can be
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USLAW, a wholly owned subsidiary of USLAW NETWORK, Inc., manages
a client’s legal needs, providing one point of contact to clients ensuring
they receive consistent and quality legal firm choices and services no
matter where in the world your needs may arise. Team USLAW eliminates
the need to negotiate different fee schedules for each and every legal
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to outside counsel.
What is the value in having individual access to 4-8 highly experienced
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world (if necessary) roundtable specific issues you may be facing including
actual cases or hypotheticals? USLAW is pleased to provide this free
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a specific issue/case in an appropriate manner and make you aware of
unforeseen roadblocks and variables that may pop up. It never hurts to
phone a friend! Call Roger Yaffe at (800) 231-9110, ext 1 to schedule a
call.
EDUCATION
It’s no secret – USLAW can host a great event. We are very proud of the
industry-leading educational components of our semi-annual client
conferences, seminars, and regional meetings. Reaching from national to
more localized offerings, USLAW member attorneys and the clients they
serve provide meet throughout the year not only at USLAW hosted
events but also at many legal industry conferences. CLE accreditation is
provided for most USLAW educational offerings. For a omplete listing of
programs, please check our Events and Activities Calendar on the home
page of USLAW Connect.
USLAW CLAIMS CHALLENGE
The Challenge is a one-day, experiential claims program that USLAW
brings to you and your company. Directed to claims personnel, a detailed,
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of the many questions at hand as USLAW stages this highly interactive
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LAWSUIT MONITORING
Let USLAW help you be the first to know when your company is facing
litigation. With USLAW’s Lawsuit Monitoring program, we can search for
your company on a daily basis and alert you of any activity we find. If you
are interested in this service, please contact Roger Yaffe at (800) 231-9110,
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A TEAM OF EXPERTS
USLAW NETWORK undoubtedly has the most knowledgeable attorneys
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97
®
Client Services & Products: USLAW RESOURCES
COMPENDIUMS OF LAW
USLAW MOBILE APPS
USLAW regularly produces new and updates existing Compendiums providing a multi-state resource that permits users to easily access state common and statutory law. Compendiums are easily sourced on a
state-by-state basis and are developed by the member firms of USLAW.
Just some of the current Compendiums include: Transportation,
Construction Law, Nullum Tempus, Offers of Judgment, and a National
Compendium addressing issues that arise prior to the commencement of
litigation through trial and on to appeal.
We pack light. Take USLAW with you wherever you go. Get USLAW
information fast including several practice area Rapid Response teams at
USLAW 24/7. We also offer specific Client Conference apps twice a year.
USLAW apps are available on iPhone/iPad, Android and most Blackberry
devices (24/7 only) by typing in keyword “USLAW.”
STATE JUDICIAL PROFILES BY COUNTY
Jurisdictional awareness of the court and juries on a county-by-county
basis is a key ingredient to successfully operating legal challenges throughout the United States. Knowing the local rules, the judge, and the local
business and legal environment provides a unique competitive advantage.
In order to best serve clients, USLAW NETWORK offers a judicial profile
that identifies counties as Conservative, Moderate or Liberal and thus
provides you an important Homefield Advantage.
USLAW DIGIKNOW
USLAW DigiKnow is USLAW’s digital knowledge e-newsletter featuring
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USLAW events, webinars and podcasts that might be of interest to you and
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USLAW MAGAZINE
USLAW Magazine is an in-depth publication produced twice annually and
designed to address legal and business issues facing commercial and
corporate clients. Released in Spring and Fall, recent topics have covered
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USLAW EDUNET
A wealth of knowledge offered on demand, USLAW EduNet is a regular
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Topics range from Medicare to Employment & Labor Law to Product
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USLAW CONNECTIVITY
In today’s digital world there are many ways to connect, share,
communicate, engage, interact and collaborate. Through any one of our
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comments, seek advice and collaborate with others connected to USLAW.
Please check out USLAW on Twitter @uslawnetwork and our LinkedIn
group page.
98
®
Client Services & Products: USLAW PEOPLE
USLAW MEMBER AND ATTORNEY DIRECTORIES
PRACTICE GROUPS
Several USLAW NETWORK practice groups have compiled detailed directories
of the active attorneys within their group.These directories showcase the
attorneys’ specific areas of experience, education, industry memberships,
published articles, and in some cases representative clients.These directories are
available as downloadable PDFs.
USLAW prides itself on variety. Its 6,000+ attorneys study all areas of legal
practice and participate in USLAW’s 18 active groups and communities
including Banking & Financial Services, Business & Advisory Services,
Business Litigation, Construction Law, E-Discovery, Employment & Labor
Law, Healthcare Law, Insurance and Risk Management Services,
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Defense, Women’s Connection, and Workers’ Compensation. Don’t see a
specific practice area listed? No worries as USLAW firms cover the gamut
of the legal profession and we are sure to find a firm that has significant
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RAPID RESPONSE
The USLAW NETWORK Rapid Response Online Searches secure
USLAW attorneys quickly when timeliness is critical for you and your
company. Offered for Transportation, Construction Law and Product
Liability, this resource provides client’s cell and home telephone numbers
along with assurance that USLAW will be available 24/7 with the right
person and the right expertise. Please see the sticky bar at the top of the
USLAW web site to use the USLAW Rapid Response feature.
CLIENT LEADERSHIP COUNCIL
Take advantage of the knowledge of your peers. USLAW NETWORK’s
Client Leadership Council is a hand-selected, diverse group of prestigious
USLAW firm clients that provides expertise and advice to ensure the organization and its law firms meet the expectations of the client community.
In addition to the valuable insights they provide, CLC members also serve
as USLAW Ambassadors, utilizing their stature within their various
industries to promote the many benefits of USLAW NETWORK.
99
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S-E-A
USLAW
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★★USLAW
U.S. Legal Support, Inc
PREMIER
PREMIER
PA R T N E R
ADDRESS
7349 Worthington-Galena Road
Columbus, OH 43085
PH
FAX
WEB
(614) 888-4160
(614) 885-8014
www.SEAlimited.com
S-E-A is a multi-disciplined engineering and fire investigation company
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and the insurance industry – nationally and internationally – for over
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PA R T N E R
ADDRESS
363 N. Sam Houston Pkwy. E.
Suite 1200
Houston, TX 77060
PH
FAX
WEB
(800) 567-8757
(713) 653-7172
www.uslegalsupport.com
U.S. Legal Support has been serving the legal services community for
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With over 40 offices located across the country U.S. Legal Support has a
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U.S. Legal Support is the proud official Court Reporter Partner of The
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PARTNER CONTACTS
PARTNER CONTACTS
OFFICIAL TECHNICAL
FORENSIC EXPERT PARTNER
OF USLAW NETWORK
J. Kenneth Corwin
National Account Executive
Columbus, OH 43085
PH
(800) 782-6851
EMAIL [email protected]
Chris Torrens
Vice President
1110 Benfield Boulevard, Suite B
Millersville, MD 21108
PH
(800) 635-9507
Jared Henthorn
Manager
Columbus, OH 43085
PH
(800) 782-6851
OFFICIAL COURT
REPORTING PARTNER
OF USLAW NETWORK
Charles F. Schugart
President & CEO
363 N. Sam Houston Pkwy. E., Suite 1200
Houston, TX 77060
PH
(832) 201-3834
FAX
(713) 653-7172
Jim Cunningham
Director of Record Retrieval
Division President, Midwest
200 West Jackson Boulevard, Suite 600
Chicago, IL 60606
PH
(312) 236-8352
FAX
(312) 236-3344
Pete Giammanco
Director of Court Reporting
Division President, Western
15250 Ventura Boulevard, Suite 410
Sherman Oaks, CA 91403
PH
(818) 995-0600
FAX
(818) 880-4248
Lee Ann Watson
Senior VP Sales & Marketing
Division President, Southwest
363 N. Sam Houston Pkwy. E., Suite 1200
Houston, TX 77060
PH
(832) 201-3872
FAX
(713) 653-7172
101
Demonstratives, Inc.
ADDRESS
2321 N Loop Drive
Suite 201
Ames, IA 50010
Elevate Services, Inc.
PH
WEB
(515) 296-6930
www.demonstratives.com
Complex ideas and intricate fact patterns are more easily understood
when taught using visual tools. Demonstratives, Inc. (DI) has a rich history of creating effective, science-based 2D and 3D computer animations and graphic presentations for attorneys and their clients in over
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DI’s staff includes doctorate-level experts, engineers, scientists, animators, illustrators, modelers, and graphic artists who apply sound, scientific principles to every presentation, bringing decades of experience to
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ADDRESS
201 South Santa Fe Ave., Suite 100
PH
FAX
WEB
(310) 853-8448
(213) 347-0209
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Elevate provides corporate law departments and law firms with practical ways to improve efficiency, quality, and outcomes through consulting, managed services and technology.
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Elevate’s other services include:
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Headquartered in the United States, Elevate serves clients worldwide.
PARTNER CONTACTS
PARTNER CONTACTS
OFFICIAL LEGAL ANIMATION
SERVICES PARTNER
OF USLAW NETWORK
OFFICIAL MEDICAL LEGAL CONSULTING,
LEGAL PROJECT MANAGEMENT, AND
OUTSOURCING PARTNER
OF USLAW NETWORK
Daniel Kruger, Ph.D.,
President
PH
(515) 296-7175
Nancy Fraser Michalski, RN
Vice President and Founder, Med Legal Services
PH
(310) 993-1363
Charles Fox, Ph.D.
Vice President
PH
(515) 296-6737
Nick Sherman
Business Development Associate
PH
(310) 699-3073
Mark McGrory, Esq.
Vice President / General Counsel
PH
(913) 226-5205
Mark Redmayne
VP Business Development
PH
(310) 792-0833
102
Galaher Settlements
ADDRESS
39674 North 104th Street
Scottsdale, AZ 85262
Granite Legal Systems
PH
FAX
WEB
(630) 718-1213
(630) 339-4413
www.galahersettlements.com
As one of the largest providers of structured settlements, Galaher
Settlements offers clients integrated claims solutions from a team of industry experts supported by leading-edge technology. We have a staff of
more than 50 seasoned professionals located coast-to-coast with more
than 600 years of combined experience. Our team has successfully
closed more than 50,000 structured settlements over the past 30 years.
We offer a full range of settlement solutions, including:
• Convenient, cost-effective single-source integrated claims solutions
• A full suite of powerful claim settlement tools
• Unique expertise in consultative approaches to resolving claims
• Local jurisdictional insights and knowledge through our national
presence
• Multiple settlement options
• Structured Medicare set-aside allocations
• Integrated claims strategies to lower costs and enhance administrative
efficiencies
Additionally, our team is available to attend mediations and pre-trial settlement conferences and to assist in post-settlement services. We review all
settlement agreements and work with counsel to ensure the appropriate
structured settlement language is included to guarantee tax-free status.
There’s more than just one product, service or area that sets us apart,
including our depth of knowledge, experienced team and overall strategic approach. Our technology – notably the Settlement Processing
Information Network (SPIN) structured settlement diary-based file
management system – offers integrated modules to facilitate document
creation, review and storage, reports, accounting functions, quoting, license administration and more for comprehensive management and
tracking of our clients’ cases.
ADDRESS
1201 Louisiana Street
Suite 350
Houston, TX 77002
PH
WEB
(713) 652-0881
www.granitelegal.com
Granite Legal Systems proudly supports USLAW NETWORK firms and
their clients throughout the discovery process from legal hold planning
through trial support, ensuring that they have the information required
for timely and cost effective client representation. Granite professionals
work with law firms and corporations to define discovery obligations
and plan defensible responses. To these engagements, Granite offers
seasoned industry veterans with versatile skill sets who understand and
implement technology resource requirements, address team structure
& responsibilities, and assure effective quality control processes for all
phases of the project. Our consultants and project managers are attorneys, legal assistants, and experienced technologists with extensive litigation and technical expertise.
Our ability to provide comprehensive discovery support services to our
clients, including investigation, documentation, as well as solution design and implementation capabilities distinguishes Granite Legal
Systems from other eDiscovery companies. Granite’s broad technical
skills enable our team to identify and implement cost-effective, repeatable and supportable solutions to recurring discovery issues. We are
uniquely qualified to handle discovery assessment, collection, and production projects involving complex data sources, outdated or legacy
systems, and other challenging discovery issues.
Granite Legal Systems was founded by industry veteran Jeffrey Hewett
in 2004 to develop an innovative eDiscovery solution (eCollector) and
has since grown to provide complete eDiscovery services, specializing in
solving complex, technically challenging discovery problems.
Online at www.granitelegal.com
On LinkedIn at www.linkedIn.com/company/granitelegal
Learn more. Contact Galaher Settlements today.
800-774-4705 | www.galahersettlements.com
PARTNER CONTACTS
PARTNER CONTACTS
OFFICIAL STRUCTURED
SETTLEMENT PARTNER
OF USLAW NETWORK
OFFICIAL E-DISCOVERY
PARTNER
OF USLAW NETWORK
Jim Ebel, CPCU, ARM
President
CELL (630) 327-7213
Jeffrey R. Hewett, JD
Chief Executive Officer
PH
(713) 652-0881
Dave Latz
413 Reserve Court
Joliet, Il 60431
PH
(815) 744-7077
Steve Mack
Consultant
PH
(713) 240-0634
Daniel Weberg
P.O. Box 660
Alton, NH 03809
PH
(603) 875-7930
Dennis Kiker, JD
Consultant
PH
(804) 350-8444
103
Magna Legal Services, LLC
ADDRESS
1635 Market Street, 8th Floor
PH
FAX
WEB
Marshall Investigative Group
(866) 624-6221
(866) 579-0819
www.magnals.com
Who are the worst and best jurors for your case? Is your trial story believable? What are the strengths of your case you can emphasize, and
the weaknesses that you can eliminate? These are only some of the
questions that Magna Legal Services can help you answer.
Our consultants can assist in:
• Focus Group Research (Online and Traditional Live Sessions)
• Mock Trial Research
• Thematic Development Research
• Perception Studies
• Case Risk Assessment
• Change of Venue Studies
• Social Media Surveillance
• Jury Selection Assistance
• Witness Communication Training
• Shadow Jury Studies
By conducting Jury Research, Magna assists you and your clients in
identifying the best pathway to a favorable verdict. Let Magna Legal
Services help you see your case through the jurors' eyes. Our new enhanced Platform, JuryConfirm 2.0 has many of the key features found in
our traditional live sessions, while providing an economical and effective way to test your themes in an online environment.
Key features of the new system include:
• Virtual Simulation of Court Room Environment
• Live Attorney Presentations
• Live Jury Deliberations
• Up to Four Deliberation Groups
• Up to 40 Total Jurors Per Session
• Juror Impulse Monitoring System
• Instant Questionnaire Feedback from Jurors
• Detailed Reports
PARTNER CONTACTS
ADDRESS
416 W Talcott Road
Park Ridge, IL 60068
PH
FAX
WEB
(855) 350-6474 (MIPI)
(847) 993-2039
www.mi-pi.com
Doug Marshall, the founder of Marshall Investigative Group, has been
investigating claims for over 25 years. Our nationwide firm specializes
in insurance fraud investigations, providing coverage throughout the
United States. Our private investigators provide the knowledge and skills
necessary to extract the information you need to successfully evaluate
your claim. We use investigators from diverse backgrounds like criminal
justice, information technology and business, who share their knowledge with others in the firm. Our goal is to exceed your expectations by
providing prompt, thorough and accurate information whether that is
to establish proper reserves or to document claimant activities. We have
a wide variety of services for Cargo, Disability, Liability and Workman’s
Compensation claims such as activity/background checks, employment, health history, internet research, public records, skip tracing,
statements, subrogation and surveillance. We conduct our investigative
business with the highest degree of integrity, confidentiality and productivity.
At Marshall Investigative Group, we value each and every customer. We
are confident that our extraordinary investigative work, provided on a
timely basis, will make a difference in your bottom line. We will be happy
to discuss your case and respond to any questions you may have.
Please contact Doug Marshall to discuss your case at (855) 350-6474 or
email him at [email protected].
PARTNER CONTACTS
OFFICIAL JURY CONSULTANT
PARTNER
OF USLAW NETWORK
OFFICIAL INVESTIGATIVE
PARTNER
OF USLAW NETWORK
Peter Hecht
Executive Vice President of Sales
PH
(732) 331-2410
Doug Marshall
President
Mark Calzaretta
Director of Litigation Consulting
PH
(866) 624-6221
Adam M. Kabarec
Vice President
Jessica Gimbel
Business Development Manager
PH
(267) 815-1602
104
MDD Forensic Accountants
ADDRESS
750 Hammond Drive NE, Building 14
Atlanta, GA 30328
PH
FAX
WEB
(404) 252-0085
(404) 255-0673
www.mdd.com
Matson, Driscoll & Damico is a leading forensic accounting firm that
specializes in providing economic damage quantification assessments
for our clients. Our professionals regularly deliver expert, consulting and
fact witness testimony in courts, arbitrations and mediations around
the world.
We have been honored to provide our expertise on cases of every size
and scope, and we would be pleased to discuss our involvement on
these files while still maintaining our commitment to client confidentiality. Briefly, some of these engagements have involved: lost profit calculations; business disputes or valuations; commercial lending; fraud;
product liability and construction damages. However, we have also
worked across many other practice areas and, as a result, in virtually
every industry.
Founded in Chicago in 1933, MDD is now a global entity with 20 U.S.
and 19 international locations.
In the United States, MDD’s partners and senior staff are Certified Public
Accountants; many are also Certified Valuation Analysts and Certified
Fraud Examiners. Our international partners and professionals possess
the appropriate designations and are similarly qualified for their respective countries. In addition to these designations, our forensic accountants speak more than 30 languages.
Regardless of where our work may take us around the world, our exceptional dedication, singularly qualified experts and demonstrated results will always be the hallmark of our firm. To learn more about MDD
and the services we provide, we invite you to visit us at www.mdd.com.
You are also welcome to contact John A. Damico, one of MDD’s founding partners, at [email protected] or 404.252.0085.
PARTNER CONTACTS
OFFICIAL FORENSIC ACCOUNTANT
PARTNER
OF USLAW NETWORK
Kevin Flaherty
10 High Street, Suite 1000
Boston, MA 02110
PH
(617) 426-1551
FAX
(617) 426-6023
Jack Damico
750 Hammond Drive, Building 14
Atlanta, GA 30328
PH
(404) 252-0085
FAX
(404) 255-0673
®

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