Product Liability - USLAW NETWORK, Inc

Transcription

DIRECTORY OF
ATTORNEYS
2 0 1 3
®
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 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 over 6,000 attorneys from 110 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 “gossip” 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 monthly podcasts
through USLAW Radio, 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 40-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 US boundaries as well. In 2007, USLAW established a
relationship with the Trans-European Law
Firms Alliance (TELFA), a network of nearly
30 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.
firms is a continuous and ongoing effort.
Firms admitted must possess broad commercial legal capabilities and have substantial 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
®
About USLAW: Your Homefield Advantage
®
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TABLE of CONTENTS
ALABAMA
Carr Allison
Glenn E. Ireland ...............................................1
KENTUCKY
Bingham Greenebaum Doll LLP
Melissa Norman Bork ...................................28
ALASKA
Richmond & Quinn
Kenneth M. Gutsch..........................................2
LOUISIANA
McCranie, Sistrunk, Anzelmo, Hardy,
McDaniel & Welch LLC
Keith W. McDaniel .........................................29
Lance B. Williams ..........................................30
ARIZONA
Jones, Skelton & Hochuli, P.L.C.
Edward G. Hochuli ..........................................3
ARKANSAS
Quattlebaum, Grooms, Tull & Burrow PLLC
Steven W. Quattlebaum...................................4
John E. Tull III ..................................................5
Thomas G. Williams ........................................6
MAINE
Richardson, Whitman, Large & Badger
Wendell G. Large ............................................31
MARYLAND
Franklin & Prokopik, PC
Ami C. Dwyer..................................................32
CALIFORNIA
Dillingham & Murphy, LLP
Patrick J. Hagan ...............................................7
MICHIGAN
Clark Hill PLC
Daniel J. Scully Jr. ..........................................33
Klinedinst PC
Kevin L. Gramling ...........................................8
Mark H.Nys.......................................................9
Ernest L. Weiss ...............................................10
MINNESOTA
Larson • King, LLP
Daniel C. Adams ............................................34
Lawrence R. King ...........................................35
Mark A. Solheim.............................................36
Murchison & Cumming, LLP
William T. DelHagen......................................11
Gregory A. Sargenti........................................12
Friedrich W. Seitz ...........................................13
MISSISSIPPI
Carr Allison
Douglas Bagwell ............................................37
Robinson & Wood, Inc.
Arthur J. Casey ...............................................14
Copeland, Cook, Taylor & Bush, P.A.
Michael W. Baxter ..........................................38
Snyder Law, LLP
Barry Clifford Snyder ....................................15
MISSOURI
Baty, Holm, Numrich & Otto, PC
Lee M. Baty .....................................................39
Kenneth E. Holm ...........................................40
Robert P. Numrich .........................................41
COLORADO
Rothgerber Johnson & Lyons 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
ILLINOIS
SmithAmundsen LLC
Lew R.C. Bricker ............................................23
Michael J. McGowan......................................24
Christopher T. Miller .....................................25
INDIANA
Phil L. Isenbarger...........................................26
IOWA
Simmons Perrine Moyer Bergman PLC
Robert S. Hatala ............................................27
Lashly & Baer, P.C.
Stephen L. Beimdiek .....................................42
MONTANA
Davis, Hatley, Haffeman & Tighe, P.C.
Maxon R. Davis ..............................................43
NEBRASKA
Baird Holm LLP
Jill Robb Ackerman........................................44
Jennifer D. Tricker..........................................45
NEVADA
Thorndal Armstrong Delk
Balkenbush & Eisinger
Stephen C. Balkenbush.................................46
Kenneth R. Lund ............................................47
Brian K. Terry .................................................48
NEW HAMPSHIRE
Gallagher, Callahan & Gartrell
R. Matthew Cairns .........................................49
NEW JERSEY
Clyde & Co US LLP
Catherine G. Bryan ........................................50
Jeffrey L. O'Hara.............................................51
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TABLE of CONTENTS
NEW MEXICO
Modrall Sperling
Jennifer G. Anderson .....................................52
Timothy C. Holm ...........................................53
Alex C. Walker.................................................54
NEW YORK
Ahmuty, Demers & McManus
Vincent S. Ambrosino ...................................55
Robert J. Hindman.........................................56
Goldberg Segalla LLP
Kenneth M. Alweis .........................................57
John P. Freedenberg.......................................58
Neil A. Goldberg .............................................59
NORTH CAROLINA
Poyner Spruill LLP
Randall R. Adams...........................................60
Steven B. Epstein ...........................................61
NORTH DAKOTA
Ebeltoft . Sickler . Lawyers PLLC
Paul F. Ebeltoft ...............................................62
OHIO
Roetzel & Andress
Susan Squire Box ...........................................63
Ronald B. Lee .................................................64
Moira H. Pietrowski.......................................65
OKLAHOMA
Pierce Couch Hendrickson Baysinger
& Green, L.L.P.
Gerald P. Green...............................................66
Daniel J. Hoehner ..........................................67
OREGON
Williams Kastner
Marc M. Carlton .............................................68
Eric J. Neiman ................................................69
George S. Pitcher ...........................................70
PENNSYLVANIA
Picadio Sneath Miller & Norton, P.C.
Henry M. Sneath ............................................71
Kelly A. Williams ............................................72
Pion, Johnston, Nerone, Girman,
Clements & Smith, P.C.
Timothy Smith ...............................................73
Sweeney & Sheehan, P.C.
J. Michael Kunsch ..........................................74
Warren E. Voter ..............................................75
Thomas, Thomas & Hafer LLP
Gordon A. Einhorn ........................................76
Brooks R. Foland............................................77
SOUTH CAROLINA
Sweeny, Wingate & Barrow, P.A.
Mark S. Barrow...............................................78
SOUTH DAKOTA
Riter, Rogers, Wattier & Northrup, LLP
Robert C. Riter................................................79
TENNESSEE
Martin, Tate, Morrow & Marston, P.C.
Lee L. Piovarcy ...............................................80
Shea Sisk Wellford .........................................81
TEXAS
Cox Smith Matthews Incorporated
Jane E. Bockus................................................82
Sandra C. Zamora..........................................83
Fee, Smith, Sharp & Vitullo, L.L.P.
Thomas W. Fee ...............................................84
Michael P. Sharp.............................................85
Johnson Trent
Brian P. Johnson.............................................86
T. Christopher Trent ......................................87
UTAH
Strong & Hanni, PC
Paul M. Belnap ...............................................88
VIRGINIA
LeClairRyan
Bruin S. Richardson III .................................89
Charles K. Seyfarth ........................................90
H. Robert Yates III..........................................91
WASHINGTON
Williams Kastner
Robert (Bob) C. Manlowe .............................92
Rodney L. Umberger .....................................93
WEST VIRGINIA
Huddleston Bolen LLP
J. David Bolen.................................................94
WISCONSIN
SmithAmundsen LLC
Mark P. Broderick...........................................95
Patrick J. Lubenow.........................................96
WYOMING
Williams, Porter, Day & Neville PC
Jason A Neville ...............................................97
International
CANADA – BRITISH COLUMBIA
Clark Wilson LLP
Nigel Kent .......................................................98
CANADA – ONTARIO
Kelly Santini LLP
Mark Gallagher ..............................................99
CLIENT SERVICES & PRODUCTS:
USLAW SOLUTIONS...................................100
USLAW CORPORATE PARTNERS.............102
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
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
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 has been recognized as a leading business litigation lawyer in Arkansas by Chambers and
Partners since 2003; listed in The Best Lawyers in America since 2001, currently in the areas of Commercial Litigation, Bet-theCompany Litigation, Mass Tort Litigation/Class Actions, and Product Liability Litigation, and was named Best Lawyers’ 2013 Betthe-Company Litigation Lawyer of the Year. Mr. Quattlebaum was recently selected as a member of the Lawdragon 500 Leading
Lawyers in America for the fourth year.
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
• 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
In over 75 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.
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
• 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
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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 35 years of expertise. He has tried more than 59 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 19 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
200 West Santa Ana Blvd.
Suite 801
Santa Ana, CA 92701
(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
Rothgerber Johnson & Lyons LLP
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
Rothgerber Johnson
& Lyons LLP
1200 Seventeenth Street
Suite 3000
Denver, CO 80202
(303) 628-9532 Office
(303) 623-9222 Fax
[email protected]
www.rothgerber.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
[email protected]
www.haslaw.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
SmithAmundsen LLC
ILLINOIS
Lew Bricker’s product liability practice involves approximately 20 to 40% of his practice. 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
• “The Essentials Course: Transportation Law,” International Warehouse Logistics Association, Memphis, TN, October, 2011
• “Disclosure and Proof in Civil/Common Law Proceedings –The United States,” 2010 TELFA Seminar, London, England,
June, 2010
• “Illinois & Wisconsin Substantive Law & Procedural Pointers,” Sedgwick University webinar, November 16, 2009 and
Broadspire webinar, January, 2010
• Speaker and Co-author, “Top 10 Issues in Coverage and Litigation,” claims personnel meeting, St. Louis, MO, August, 2007
• Chapter Co-author, “Special Considerations in a Product Liability Case,” Illinois Institute for Continuing Legal Education’s
Illinois Civil Discovery Practice Supplement, 2006, 2009, and 2011
Product Experience
• Automobiles
Equipment
• Cosmetics
•
•
•
•
Flooring Systems
Food Products
Ladders
• 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
®
23
SmithAmundsen LLC
ILLINOIS
Mike is a partner and Chair of the Product Liability Practice Group with SmithAmundsen. Mike is one of the firm’s lead trial attorneys on high profile, product liability, construction and retail cases. Mike has defended a multitude of product liability cases
involving everything from brake systems, ozone generators, and destruct units to cosmetic manufacturing processes. He has
served as lead counsel in cases involving toxic poisoning, deaths and catastrophic loss due to product defects, fire, and explosions. Mike is an expert in consumer product safety law and regularly designs programs for manufacturers to bring their products into compliance with the Consumer Product Safety Act. He has also constructed a product compliance/audit program for
the world’s seventh largest furniture maker and drafted warnings for two high technology consumer products of medical device companies. Mike’s retailing clients include well-known Fortune 100 merchandisers.
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
• 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.
• “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
®
24
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 15% 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
®
25
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
26
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
®
27
KENTUCKY
Melissa Norman Bork focuses her practice on commercial and tort litigation, including contract and commercial disputes,
product liability, asbestos and mass product liability and toxic tort litigation.
Approximately 70% of Melissa’s practice involves providing comprehensive defense of product liability and toxic tort claims
and litigation as well as recommendations and advice in the area of product liability exposure and risk management. Services
include pre-litigation planning in addition to litigation management and defense.
Since her admission to the Kentucky Bar in 1994, Melissa has been involved in the coordination and defense of litigation involving a variety of products and toxic substances. She is experienced in all aspects of trial and appellate work and advises
clients on settlement of pending claims, as well as strategies designed to reduce the risk of future litigation.
Melissa Norman 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
• 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
®
28
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 a substantial portion of his practice to representing manufacturers and distributors in products liability lawsuits. 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. In addition to his litigation practice, he enjoys
an active appellate practice.
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
• Peters v. Nissan Forklift Corporation –U.S.D.C. for the 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
®
29
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.
• “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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30
Richardson, Whitman, Large & Badger
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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31
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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32
Clark Hill PLC
MICHIGAN
Daniel J. Scully Jr.
Clark Hill PLC
500 Woodward Avenue
Suite 3500
Detroit, MI 48226
(313) 965-8468 Office
(313) 965-8252 Fax
(313) 617-5058 Cell
[email protected]
www.clarkhill.com
Mr. Scully has represented manufacturers in product liability matters for over thirty years. He has tried products cases to verdict it seventeen states. He is admitted in California, Michigan, New York and Illinois as well as several federal courts, courts of
appeal, United States Supreme Court and US Tax Court.
Mr. Scully is a Fellow, American College of Trial Lawyers; Fellow, International Academy of Trial Lawyers; Diplomate,
American Board of Trial Advocates; Past President Michigan ABOTA; 2012 Michigan ABOTA’s Richard
Baxter Trial Lawyer of the Year; Director, IADC Trial Academy; Faculty, ABA Trial Academy (2003,2005). He is a member of the
Product Liability Advisory Council, IADC, FDCC, SAE, AAAM and has lectured at Stanford Law School and the University of
Michigan Law School.
Mr. Scully is listed in The Best Lawyers in America, The Best in the US, Michigan Super Lawyers and Crain’s Top Lawyers.
• Porter v. Crown Equipment Corp., Circuit Court Jackson County, MO – Porter claimed forklift was defective in design resulting in amputation of lower limb. Claim for punitive damages submitted to jury. After three-week trial, jury returned
verdict for Crown in less than thirty minutes.
• Bush v. New Holland, USDC Eastern District of Michigan Detroit, MI – Bush was using skid steer loader when boom retracted amputating both legs above the knee. He claimed loader was defective in design and lacked sufficient operator
safety features. After three-week trial, jury returned verdict for defendant.
• Lenhaardt v. Smeal Manufacturing, Circuit Court Outagamie County, WI – Lenahrdt, a minor child, was restrained in child
safety seat when vehicle she was in collided with a large truck. The truck’s load was projected into passenger compartment
of vehicle, impaling child. Child suffered brain damage. Claim included a design defect claim focused on equipment holding down rack system of the truck. Defense verdict.
• Mr. Scully has presented over a dozen CLE programs at IADC meetings over the past 15 years. Topics included the use and
misuse of computer generated animations and simulations, care and feeding of in house experts, management of complex litigation, presentation of evidence using demonstrative aids as well as other topics.
• ABOTA Masters In Trial, 1994, 1996, 1998, 1999, 2000, 2002, 2003, 2008, 2010
• Lecturer, University of Michigan Law School, 2007, 2009, 2010
• Lecturer, IADC Trail Academy, 2004, 2005, 2006
• Director IADC Trail Academy, 2007
• ABA/Tips Trial Academy, 2003, 2005
• Mr. Scully has authored papers regarding the service of process on foreign corporations and the preparation of experts for
trial. The paper on experts is still being used by the IADC in its student laterals at the IADC Trial Academy.
Product Experience
•
•
•
•
•
•
•
•
•
Asbestos
Automobiles
Pleasure)
Equipment
Equipment
Equipment and Goods
•
•
•
•
•
•
Firearms
Hand Tools
Ladders
Equipment
Vehicles
Medications
• Power Tools
• Scaffolding
• Swimming Pools
• Tires
Transportation
Education
• 1980, J.D., University of Pacific McGeorge School of Law
• 1977, B.A., California State University at Long Beach
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33
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
2800 Wells Fargo Place
30 East Seventh Street
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
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34
MINNESOTA
Larry King serves as national coordinating counsel, national trial counsel and local counsel, helping the firm’s clients defend
their products and their reputations, and remain competitive. Larry has tried to jury verdict complex commercial cases in the
areas of products liability, toxic torts, environmental, industry conspiracy, business interference, breach of contract, health
care and related business disputes. In the course of his national client representation, he has been admitted pro hac vice in the
state or federal courts of New York, Texas, Ohio, Louisiana, Missouri, Illinois, Mississippi, California and West Virginia.
Larry serves on the boards of directors of Twin Cities Diversity in Practice and the Ordway Center for the Performing Arts.
He is a member of the American College of Trial Lawyers and serves on the Hamline Law School Board of Advisors. Larry is a
founding partner of Larson • King.
Lawrence R. King
St. Paul, MN 55101
(651) 312-6500 Office
(651) 312-6618 Fax
(651) 270-7968 Cell
[email protected]
www.larsonking.com
• Harrison/Molina v. 3M, et al. Dallas County, Texas. Products Liability. May 18-26, 2004. Defense verdict.
• Gordon v. Aearo Co., et al. Jefferson County, Texas. Products Liability. December 3-9, 2003. Defense verdict.
• Martindale v. 3M. (Settlement after 3 days of trial). U.S. District Court, Southern District of Mississippi. Products Liability.
February 28-March 3, 2000.
• Participated in DRI’s “Preeminent Lawyers – Superstars of Trial,” September, 2007
• Member of the faculty for the IADC Trial Academy in Boulder, CO, 2002
• Co-Author “Developing and Using Themes in Products Liability Cases,” For the Defense, September 2004
• Co-Author “Applying Simplicity to Communicate Complex Medical Information to Juries,” For the Defense, September 2004
Product Experience
•
•
•
•
Asbestos
Breast Implants
Equipment
Equipment
Equipment and Goods
• Hand Tools
• Ladders
Equipment
Vehicles
• Power Tools
and Safety Devices
• Swimming Pools
Education
• 1976, J.D., Hamline University School of Law, cum laude
• 1973, B.A., University of Missouri
®
35
MINNESOTA
Mark A. Solheim
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.
• Reitzner vs. American Family. Arson. 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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36
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
®
37
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
®
38
MISSOURI
Lee M. Baty
Baty, Holm, Numrich
& Otto, PC
4600 Madison Avenue
Suite 210
Kansas City, MO 64112
(816) 531-7200 Office
(816) 531-7201 Fax
(816) 718-2677 Cell
(816) 360-8100 Alternative
[email protected]
www.batyholm.com
In addition to serving as Managing Partner of the Firm, Lee counsels numerous international, national and regional product
designers and manufacturers, as well as various national insurance carriers, in the field of product liability.
For over 25 years, Lee has defended large-loss cases at the jury trial and appellate court levels in cases involving personal injury, wrongful death, property damage, and breach of warranty with respect to industrial machinery, consumer products, appliances, equipment and goods, as well as building and construction equipment.
Lee is included in The Best Lawyers in America, which is the oldest and most highly-respected peer review guide to the legal
profession worldwide. He has long held an “AV Preeminent” rating, awarded to attorneys demonstrating the highest ethical
standards and professional ability, from Martindale-Hubbell, and he has consistently been named as Missouri/Kansas “Super
Lawyer” in civil litigation after a peer review survey to identify the top five-percent of lawyers in Missouri and Kansas.
Lee is licensed to practice before the state and federal courts of Missouri and Kansas, as well as the Eighth and Tenth Circuit
Courts of Appeals.
• Defense verdict in product liability claim against the manufacturer of a bailer machine that allegedly caused a fire in
plaintiff’s facility and destroyed the business.
• Summary judgment in numerous product liability claims relating to construction equipment, personal hygiene products,
appliances, equipment and goods, as well as building products.
Product Experience
•
•
•
•
•
•
•
•
•
•
•
•
Asbestos
Automobiles
Pleasure)
Equipment
Equipment
Equipment and Goods
Cosmetics
Devices
• Food Products
• Furniture
• Hand Tools
• Ladders
Equipment
Vehicles
Drugs and Over• the-Counter Medications
• Power Tools
• Roofing Systems
• Scaffolding
• Swimming Pools
• Tires
Transportation
• Windows
Education
• 1981, J.D., University of Missouri at Columbia
• 1978, B.A., University of Notre Dame
®
39
MISSOURI
Kenneth E. Holm
Baty, Holm, Numrich
& Otto, PC
4600 Madison Avenue
Suite 210
(816) 531-7200 Office
(816) 531-7201 Fax
(816) 718-2677 Cell
[email protected]
www.batyholm.com
Ken has tried more than 60 jury trials in the areas of personal injury, products liability, toxic torts, construction defect litigation,
and medical and nursing home negligence, on behalf of national corporate clients, insurance carriers, and profit and nonprofit
nursing home clients at both the state and federal levels throughout the Midwest.
Ken has represented manufacturers and designers of pharmaceuticals, machines, component parts, throughout his 43-year
career, including industrial machinery, consumer products, appliances, equipment and goods, and building and construction
equipment.
Ken holds an “AV” rating from Martindale-Hubbell, and he has consistently been named as Missouri/Kansas “Super Lawyer”
in civil litigation after a peer review survey to identify the top five-percent of lawyers in Missouri and Kansas.. He is Master
Emeritus of the Kansas Inns of Court, an associate member of the Kansas City, Missouri American Board of Trial Advocates, and
a member of the Council on Litigation Management. Ken is licensed to practice in the state and federal courts for Missouri and
Kansas, as well as the Tenth Circuit Court of Appeals and the United States Supreme Court.
Product Experience
• Automobiles
Pleasure)
Equipment
Equipment
Equipment and Goods
Devices
•
•
•
•
•
•
•
•
Flooring Systems
Food Products
Hand Tools
Ladders
Lifting Equipment
Vehicles
Medications
• Power Tools
and Safety
• Devices
• Roofing Systems
• Scaffolding
• Swimming Pools
Transportation
• Windows
Education
• 1969, J.D., University of Kansas School of Law
• 1966, B.A., Economics and Spanish, University of Kansas
®
40
MISSOURI
Bob concentrates his civil trial practice in the areas of products liability, premises liability, transportation litigation, school law
and commercial disputes. His trial experience includes the representation of national corporate clients at both the state and
federal levels throughout the Midwest.
Bob has defended personal injury and property damage cases involving asbestos, chemicals, pharmaceuticals, industrial machinery, consumer products, appliances, equipment and goods, and building and construction equipment, for over 35 years.
Bob holds an “AV” rating from Martindale-Hubbell and has been named as Missouri/Kansas “Super Lawyer” after a peer review
survey to identify the top five-percent of lawyers in Missouri and Kansas.
Robert P. Numrich
Baty, Holm, Numrich
& Otto, PC
4600 Madison Avenue
Suite 210
(816) 531-7200 Office
(816) 531-7201 Fax
(816) 719-2506 Cell
[email protected]
www.batyholm.com
Product Experience
•
•
•
•
•
•
•
•
•
•
•
•
Asbestos
Automobiles
Pleasure)
Equipment
Equipment
Equipment and Goods
Cosmetics
Devices
• Food Products
• Hand Tools
• Ladders
Equipment
Vehicles
Medications
• Power Tools
• Roofing Systems
• Scaffolding
• Swimming Pools
Transportation
• Windows
Education
• 1974, J.D., University of Missouri at Kansas City
• 1970, B.S., Ed., Pittsburg State University
®
41
Lashly & Baer, P.C.
MISSOURI
Stephen L. Beimdiek is a proven litigator with more than 25 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 Missouri and Illinois. 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,
grain bins, printing presses, 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
•
•
•
•
Asbestos
Automobiles
Equipment
Equipment
Equipment and Goods
• Furniture
•
•
•
•
•
Roofing Systems
Tobacco Products
Transportation
Education
• 1985, J.D., Saint Louis University
• 1981, B.A., Political Science, Tulane University
®
42
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
®
43
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
®
44
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
®
45
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
®
46
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
®
47
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
®
48
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
• “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, A.B., History and International Relations, Brown University, Providence, RI
®
49
Clyde & Co US LLP
NEW JERSEY
Catherine has focused her practice largely on civil litigation and insurance coverage and defense in the Superior Court of New
Jersey, Court of Common Pleas in Pennsylvania and Federal Courts in both states, in addition to various appellate work. She
has successfully tried 6 cases to verdict.
Catherine is a member of the Defense Research Institute’s Trial Tactics Committee (2010 to present) and is a member of the
New Jersey Bar Foundation’s Law Adventure Committee (2009 to present).
Catherine G. Bryan
Clyde & Co US LLP
200 Campus Drive
Suite 300
Florham Park, NJ 07932
(973) 210-6726 Office
(973) 210-6701 Fax
(862) 216-6363 Cell
[email protected]
www.clydeco.us
Product Experience
• Cosmetics
Medications
• Tires
Education
• 2004, J.D., University of Notre Dame School of Law
• 2001. B.A., College of the Holy Cross
®
50
Clyde & Co US LLP
NEW JERSEY
As of April 1, 2011, Jeff has handled over 65 jury trials in a wide array of subject areas. He is the engagement partner for the
National Counsel Program with a publicly-traded franchisor, currently serves as primary trial counsel in the New York-New
Jersey region in a wide spectrum of general liability matters for one of the world’s largest retailers, and is national discretionary
panel counsel for an international insurer.
Jeff is a three time recipient of the “Bullseye Barrister” distinction for outstanding trial service from Target Corporation
(December 2007, July 2009, and May 2010) and was recently named to The International Who’s Who of Franchise Lawyers 2009.
The Supreme Court of New Jersey recertified him as a Certified Civil Trial Attorney in 2006 and 2011—a recognition he has enjoyed since 1999. Jeff has also been an Associate in the American Board of Trial Advocates since 2003.
Jeffrey L. O’Hara
Clyde & Co US LLP
200 Campus Drive
Suite 300
Florham Park, NJ 07932
(973) 210-6720 Office
(973) 210-6701 Fax
(609) 902-1083 Cell
[email protected]
www.clydeco.us
•
•
•
•
“Negotiation Track v. Traditional Track,” Defense Research Institute Damages Conference, Las Vegas, Nevada, March 2011
“Planes, Trains & Automobiles,” USLAW Network Client Conference, Phoenix, Arizona, March 2011
“Spoliation of Evidence – the New Tort?,” USLAW Network Client Conference, Miami, Florida, April 2010
“Technology in the Courtroom,” Defense Research Institute Damages Conference, Las Vegas, Nevada, March 2010
• Co-Author, “Emergency Response Team Coordination” in DRI—For the Defense, July 2006
• Co-Author, “The Duty of Corporate Counsel to Preserve Evidence” in Metropolitan Corporate Counsel, September 2004
• Co-Author, “Independent Tort Claims for Spoilation” in DRI—For the Defense, July 2004
Product Experience
•
•
•
•
Automobiles
Breast Implants
Equipment
Equipment and Goods
•
•
•
•
•
Cosmetics
Food Products
Furniture
Pharmaceuticals, Prescription
Medications
•
•
•
•
•
Power Tools
Roofing Systems
Tires
Transportation
Education
• 1992, J.D., Widener University School of Law
• 1988, B.A., University of California at Davis
®
51
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
[email protected]
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
®
52
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
[email protected]
www.modrall.com
Timothy Holm has more than twenty 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 he 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. 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
®
53
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 edition, 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
®
54
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
123 Williams 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
®
55
NEW YORK
Robert J. Hindman
Ahmuty, Demers &
McManus
750 Roanoke Avenue
Riverhead, NY 11901
(631) 727-2340, ext. 5407
Office
(631) 727-8198 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
®
56
NEW YORK
Kenneth Alweis has been defending product liability actions for more than twenty 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. Mr. Alweis has defended a significant number of actions involving fires that allegedly resulted from defective products.
He devotes approximately 35% of his practice to product liability.
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
®
57
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.
• 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.
• A woman was injured as a result of a house fire with over 50 percent of her body badly burned. She improperly accused
our client’s product, a household appliance, of causing the fire. Mr. Freedenberg conducted expert depositions on short
notice and tried the case in one week. He used a high-tech, virtual process in deposing the experts who were located in
five different states and utilized an extranet and video to tie in court reporters and hold exhibits. After five expert depositions within a two-week timeframe, we successfully undermined the opinions of the opposing experts. The plaintiff’s demand immediately pretrial was an eight-figure demand and the matter settled for two percent of that demand after a
week in the courtroom.
• 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.
• “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)
• “Expert Discovery, Depositions and Motions to Exclude Experts,” Chapter 6, Preparing For and Trying the Civil Lawsuit,
second edition, co-author, New York State Bar Association, 2004
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
58
NEW YORK
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.
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
• 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
59
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
®
60
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
®
61
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.eskgb.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
®
62
Roetzel & Andress
OHIO
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.
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.
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
• 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
®
63
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 (2004-2011), 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
64
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 has 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.
• “Chinese Drywall: Insurance Coverage Considerations,” American Modern, July 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
• “Flavoring Litigation: Current Trends and Outlook,” GMA Food Claims and Litigation Conference, February 2009
Product Experience
Equipment
Equipment
Equipment and Goods
•
•
•
•
Food Products
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
®
65
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
®
66
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
®
67
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
®
68
Williams Kastner
OREGON
Eric Neiman has been defending medical device cases since he began practicing law in 1982. He has defended cases involving
many types of medical products, and has extensive experience with cases involving clinical trials, product testing, manufacturing issues, good manufacturing practices, industry standards, FDA and other government regulations, post market surveillance, and other relevant issues. Mr. Neiman is very familiar with the medical and scientific 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 Law and Politics magazine since 2007. He is a member of the American Board of Trial Advocates. 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.
• “Ambush at the End of the Oregon Trail: Expert Practice in Oregon State Court,” 22nd Annual Medical Device Seminar,
Bend, OR, June 15, 2009
• “Legal Aspects of Electronic Health Records,” Oregon Society of Healthcare Risk Managers, May 9, 2008
• “Survivor: Idaho and Oregon, Strange Differences in Civil Trial Practice Across the Border,” Idaho State Bar, Young Lawyers
Section, January 24, 2008
• Contributing Author, “Invasion of Privacy,” Oregon State Bar Torts Deskbook, 2012
• 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
®
69
Williams Kastner
OREGON
George Pitcher is a member in the Portland office. 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 also practices in the area of employment litigation. He 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. Mr. Pitcher 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.
• 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
• Speaker, “ABA Monograph on Product Warnings,” Oregon Law Section, Fall 2005
• 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
®
70
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
®
71
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
®
72
Pion, Johnston, Nerone, Girman, Clements & 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, Johnston, Nerone,
Girman, Clements &
Smith, P.C.
1500 One Gateway Center
(412 ) 667-6212 Office
(412) 281-3388 Fax
(412) 427-2560 Cell
[email protected]
www.pionjohnston.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
®
73
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.
• 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
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74
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
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75
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
(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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76
PENNSYLVANIA
For last 17 years, Brooks Foland has defended manufacturers of construction equipment and machinery, industrial machinery, consumer products, sports equipment and recreational motor vehicles, including ATV’s and dirt bikes. This is approximately 15-20% of his civil trial practice.
Brooks R. Foland
Thomas, Thomas
& Hafer LLP
305 N. Front Street
6th Floor
P.O. Box 999
(717) 255-7626 Office
(717) 237-7105 Fax
(717) 645-3112 Cell
[email protected]
www.tthlaw.com
• Successfully defended in state court a designer of a steel pulley, used to rappel from a static line at a ropes course. The pulley was attached to the line improperly, causing the climber to fall 40 feet to the ground and die. After a 8-day trial, the jury
found the designer was not negligent.
• Successfully defended in state and federal courts several jury trials and arbitrations, involving product defect claims
(manufacture, design and warning) against large, international manufacturer of ATV’s and dirt bikes.
• Brooks Foland has been a speaker at seminars presented by the Pennsylvania Bar Institute, DRI and USLAW.
Product Experience
Equipment
Equipment
Equipment and Goods
•
•
•
•
•
•
Food Products
Hand Tools
Ladders
Lifting Equipment
Vehicles
• Power Tools
• Roofing Systems
• Scaffolding
Education
• 1993, J.D., Widener University School of Law
• 1990, B.S., Temple University
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77
Sweeny, Wingate & Barrow, P.A.
SOUTH CAROLINA
Mr. Barrow has defended product manufacturers for 26 years. He has participated in the defense of a variety of suits, including tractor, ladder, electrical manufacturers, industrial machinery and automobile component manufacturers, and tire manufacturers.
Mark S. Barrow
Sweeny, Wingate &
Barrow, P.A.
1515 Lady Street
Post Office Box 12129
Columbia, SC 29211
(803) 256-2233 Office
803) 256-9177 Fax
(803) 606-9193 Cell
[email protected]
www.swblaw.com
• Mr. Barrow successfully tried a tractor rollover, wrongful death action in South Carolina wherein Plaintiff alleged negligent
design and manufacturing regarding a roll-over protection system.
Product Experience
•
•
•
•
Automobiles
Equipment
Equipment and Goods
•
•
•
•
•
•
Hand Tools
Ladders
Lifting Equipment
•
•
•
•
•
Power Tools
Tires
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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78
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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79
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
Medications
• Power Tools
Transportation
Education
• 1966, J.D., Vanderbilt School of Law
• 1963, B.A., English, University of Notre Dame
®
80
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
®
81
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
®
82
TEXAS
Sandra Zamora has 25 years of experience as a litigator practicing throughout the State of Texas. During her career, Sandra has
successfully defended a wide range of clients in complex litigation including pharmaceutical companies, medical device manufacturers, consumer products manufacturers, and heavy equipment manufacturers. In the last several years, Sandra’s practice has primarily involved the representation of pharmaceutical drug manufacturers in mass tort products liability litigation
pending throughout the nation and she has served on national trial teams in Pennsylvania, New Jersey, Arkansas and Puerto
Rico. Sandra has been extensively involved in working with national and regional counsel on national, science, and expert
teams and has played key roles in the work-up and discovery of cases filed throughout Texas as well as throughout the nation.
Sandra is licensed in the Federal District Courts for the Southern, Western, Eastern and Northern Districts of Texas.
Sandra C. Zamora
Cox Smith Matthews
Incorporated
112 E. Pecan Street
Suite 1800
San Antonio, TX 78205
(210) 554-5500 Office
(210) 226-8395 Fax
(210) 274-5342 Cell
[email protected]
www.coxsmith.com
Product Experience
Equipment
Equipment
Equipment and Goods
•
•
•
•
Food Products
Medications
• Power Tools
• Tires
Transportation
Education
• 1986, J.D., St. Mary’s University School of Law
• 1983, B.A., Political Science, Texas A&M University
®
83
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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84
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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85
Johnson Trent
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
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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86
Johnson Trent
TEXAS
T. Christopher Trent
Johnson Trent
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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87
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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88
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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89
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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90
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
the immediate 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 2005-2008. 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, “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-Speaker, “Cutting-edge Techniques for Providing Your Clients with Cost-effective Services,” USLAW Spring Client
Conference, Phoenix, AZ, April 2, 2011
• Co-Speaker, “Tech Wars: Are you ready to rumble?” IADC Midyear Meeting, Pebble Beach, CA, February 22, 2011
• Moderator, “Crisis Management – Head ‘em off at the pass!,” 2010 AGC Safety & Health Council, Wilsonville, OR, June 10, 2010
• Speaker/Moderator, “Cutting Edge Techniques for Building Maximum Leverage for Settlement or Trial,” Resolute
Management Lunchtime Training Seminar Spring 2010, Philadelphia, PA, May 27, 2010
• Speaker, “Money The Root of All Evil (Cutting-Edge Techniques for Management of Complex Litigation),” USLAW Spring
2010 Client Conference, Fontainebleau Hotel, Miami Beach, FL, April 15-17, 2010
• 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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92
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 an equity 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 Washington Law and Politics 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.
• “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
• “DRI Preeminent Trial Lawyer Seminar (Defense Opening Statement),” Defense Research Institute, Chicago, Illinois,
September 2007
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
®
93
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
Huntington, WV 25722
(304) 691-8464 Office
(304) 522-4312 Fax
(859) 552-4335 Cell
jbolen@huddleston
bolen.com
www.huddlestonbolen.com
• Linda and Allen Hall v. The Clorox Company, et al., Circuit Court of Mercer County, West Virginia, represented a number of
Clorox entities concerning claims of injury by the Plaintiff Linda Hall due to the use of Clorox 409 cleaning products. Case
was resolved on a motion for summary judgment following the successful exclusion of plaintiff's retained expert and a
finding of no causation as a matter of law.
• Katy Addair, et al. v. Ashland Inc., et al., Circuit Court of Wyoming County West Virginia, successfully represented Ashland
Inc. in a mass tort action involving claims by plaintiffs of various injuries due to exposure to various chemical agents.
• Patrick Hutchinson, et al v. CSX Transportation, Inc., et al., successfully represented CSX Transportation Inc. in a multiplaintiff action concerning alleged flood damage action where the allegations centered around CSX's construction of its
railroad tracks, culverts, and drainage areas.
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
®
94
SmithAmundsen LLC
WISCONSIN
Mark Broderick is a partner licensed to practice law in Illinois and Wisconsin. He represents the firm’s Fortune 500 and small
business clients in northern Illinois and southern Wisconsin. Mark’s practice ranges from the defense of insured litigated matters in the state courts to resolving disputes among the business community. He is an experienced litigator and negotiator and
has resolved numerous cases through the jury system and private settlement.
Mark P. Broderick
SmithAmundsen LLC
4811 S. 76th Street
Milwaukee, WI 53220
(312) 589-2228 Office
(312) 589-2229 Fax
(847) 890-2469 Cell
[email protected]
www.salawus.com
• Sawyer v. Superior Lift Inc. The Crosby Group, and Peerless Chain, Milwaukee County (WI) 10-CV-10032 – Represent chain
manufacturer and distributor in the defense of claims of defective chain breaking and causing plaintiff’s severely fractured
leg. Discovery is currently underway and after plaintiff’s deposition, it appears that a dismissal is imminent since plaintiff
testified that he was not relying on the distributors for warnings or product information in using the chains on the job.
• Killerlain v. Fadal Machining Centers, Port Plastics et.al., Dane County (WI) 09-CV-6187 – Represented plastics distributor
in the defense of defective products claims for the sale of polycarbonate windows for a vertical machining center. After
discovery closed, convinced plaintiff and co-defendants to dismiss our client on grounds of lack of evidence showing that
the polycarbonate window failure was a proximate of the plaintiff’s injury.
• Schneck v. Lake County PT and LifeTec et.al., Lake County (IL) 08-L-725 – Represented distributor of exercise balls and
equipment in the defense of claims that defective exercise ball burst causing plaintiff’s severe facial injuries. After discovery, and citation to Illinois distributor statute, was able to put the case in a position to settle for a minor amount in comparison to the co-defendants.
•
•
•
•
Instructor, “Trial Academy,” Illinois Association of Defense Trial Counsel, Winter 2010
Speaker/Moderator, “Kenosha County Law Day,” May, 2009
Instructor, “Trial Academy,” SmithAmundsen, Fall 2008
Speaker, “Wrongful Death Jury Instruction Update,” client seminar, February, 2008
• “To Download ... or Not to Download, That is the Question,” Business Ledger, April 28, 2008
• “A Legal Services Plan is Best Right from the Start,” Business Ledger, October 1, 2007
Product Experience
Pleasure)
Equipment
Equipment
Equipment and Goods
• Ladders
•
•
•
•
Power Tools
Roofing Systems
Scaffolding
Transportation
Education
• 1995, J.D., Thomas M. Cooley Law School, Assistant Editor, Law Review
• 1985, B.A., University of Notre Dame
®
95
SmithAmundsen LLC
WISCONSIN
Pat is a founding partner of SmithAmundsen and currently manages the firm’s Milwaukee, Wisconsin office. His practice of law
includes representing defendants in product liability, construction defect, professional liability and cases involving catastrophic
injury. Pat has been handling product liability cases for over twenty years. About 20% of his practice is devoted to product liability litigation. Pat has received an AV rating from Martindale-Hubbell for his legal ability and ethics. He was also selected for
inclusion in 2006 Wisconsin Super Lawyers.
Patrick J. Lubenow
SmithAmundsen LLC
4811 S. 76th Street
Milwaukee, WI 53220
(414) 847-6138 Office
(414) 847-6139 Fax
(262) 909-7917 Cell
[email protected]
www.salawus.com
• Grand Chute v. Simplex Products, Inc. and Vande Hey Roofing, Outagamie County Circuit Court, Wisconsin. This case was a
products liability, breach of warranty trial wherein the allegation against Vande Hey Raleigh Manufacturing was that its
concrete tile roofs were unreasonably dangerous and defective. They also alleged breach of warranty. No liability was
found by the jury. The plaintiff asked for over one million dollars and demanded $350,000 prior to trial.
• Speaker, “Cowboy Practice Facility Collapse: A Look at the Design Professional’s Involvement and Their Liability
Exposure,” USLAW Spring Client Conference, Phoenix, AZ, March, 2011
• Presenter, 2010 Loss Prevention/Risk Management Seminar XL Insurance, Madison, WI, October, 2010
• Panelist, “Green and Sustainable Design and Construction: Exploring the Color of Things to Come,” USLAW Fall Client
Conference, Colorado Springs, CO, October, 2010
• Presenter, “Nursing Home Claims: Plaintiff’s Attorneys Are Soliciting the Claims, So You Better Be Prepared to Avoid and
Defend Them,” Wisconsin County Mutual Insurance Corporation’s 18th Annual Corporation Counsel/Defense Counsel
Forum, Stevens Point, WI, September, 2010
• “Costs,” The Law of Damages in Wisconsin, published by State Bar of Wisconsin
Product Experience
• Automobiles
Equipment
Equipment and Goods
• Hand Tools
Equipment
Drugs, and Over-the-Counter
Medications
• Power Tools
• Roofing Systems
• Windows
Education
• 1984, J.D., University of Wisconsin School of Law, cum laude
• 1981, B.A., University of Wisconsin-Madison
®
96
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
®
97
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
®
98
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 2 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
®
99
®
Client Services & Products: USLAW SOLUTIONS
USLAW NETWORK offers our members' clients countless products free of charge to assist with day-to-day operations and management of legal issues.
Many of these products are the direct result of concepts and initiatives developed by our Client Community for the Client Community.
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.
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
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 overwhelming,
requiring constant effort, oversight, frustration and missed opportunity. Team
USLAW is the solution to meet these challenges. Team USLAW, a whollyowned 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 need. And clients always have the option to
reject any candidate firm presented. In summary, Team USLAW is a comprehensive service designed to eliminate much of the hassle and uncertainty of
moving from in-house to outside counsel.
EDUCATION
It’s no secret – USLAW can host a great party; however, we are much prouder
of the industry-leading educational components of our events and conferences.
Reaching from national to more localized offerings, USLAW member attorneys
and the clients they serve provide countless seminars, workshops and conference sessions not only at USLAW branded events but also at many legal conferences throughout the year. CLE accreditation is provided for most USLAW
educational offerings.
A TEAM OF EXPERTS
USLAW NETWORK undoubtedly has the most knowledgeable attorneys in
the world, but did you know that we also have the most valuable corporate
partners in the legal profession? Don’t miss out on an opportunity to better
your legal game plan by taking advantage of our corporate partners’ expertise.
Areas of expertise include forensic engineering, structured settlements, court
reporting, jury consultation, e-discovery, medical record analysis, forensic accounting, investigation and legal animation services.
USLAW ON CALL
What is the value in having individual access to 4 - 8 highly experienced
USLAW member attorneys from around the country and around the world (if
necessary) roundtable specific issues you may be facing including actual cases
or hypotheticals? USLAW is pleased to provide this free consultation which will
give you a sense of comfort that you are managing 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!
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, hypothetical,
multi-jurisdictional scenario is played out with USLAW member attorneys and
corporate partner experts working side-by-side with your staff in smaller
teams to manage all of the issues and curveballs that are sure to come. Do
we go to trial, mediate, or settle? This is just one of the many questions at
hand as USLAW stages this highly interactive program customizable for your
specific company and legal staff.
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.
100
®
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, 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 with a variety of
USLAW mobile applications. View past conference information by downloading any of our Client Conference apps, search our member directory online
using Mobile Membership, or go to our mobile site by visiting www.uslaw.org
on your mobile device.
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 “gossip” 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 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 managing litigation in a tighter economy, changes in M&A strategies, sidestepping legal challenges during a workforce reduction, best practices in e-discovery policies, and
weighing the pros and cons of litigation versus mediation and much more.
USLAW EDUNET
Highlighting timely information specific to state by state jurisdictions, USLAW’s
Jurisdictional Update is released via e-mail bi-weekly and is an excellent resource to keep abreast of new case law, important verdicts and other pending
legislation.
A wealth of knowledge offered on demand, USLAW EduNet is a regular series
of interactive webinars produced by several USLAW practice groups. The
one-hour programs are available live to you right on your desktop and are also
archived on USLAW’s YouTube Channel for viewing at a later date. Topics
range from Medicare to Employment & Labor Law to Product Liability Law
and beyond.
USLAW CONNECT
USLAW RADIO
USLAW’s password-protected area for Clients, USLAW Connect boasts libraries of papers and articles prepared by USLAW members, USLAW
Magazine and webinar archives, discussions amongst colleagues, past
Conference presentations and much, much more. Get your log-in today!
Timely and relevant, USLAW Radio is a monthly podcast produced for inhouse counsel, risk managers, claims personnel and senior executives in companies large and small. Topics include emerging federal statutes, cases pending
before the Supreme Court, issues employers should be aware of, file and case
management, cost containment, retention of women and minorities in the legal
profession and more.
JURISDICTIONAL UPDATES
®
Client Services & Products: USLAW PEOPLE
Clients can access USLAW member firms and the attorneys in those firms
through a variety of USLAW directories, including our annual USLAW
Membership Directory as well as directories by specific practice area. Find a firm
in a specific jurisdiction or search for an attorney in a specific area of practice, at
any moment. Available through hard copy, electronic files and the web.
Law, E-Discovery, Employment & Labor Law, Healthcare Law, Insurance
Coverage, International Business & Trade, IP and Technology, Product Liability,
Professional Liability, Retail, Transportation, White Collar Defense, 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 experience in the area of need.
RAPID RESPONSE
CLIENT LEADERSHIP COUNCIL
USLAW MEMBER AND ATTORNEY DIRECTORIES
USLAW Rapid Response Directories and Quick Access Online Searches secure USLAW attorneys quickly when timeliness is critical for you and your
company. Offered in several practice areas, 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.
PRACTICE GROUPS
USLAW prides itself on variety. Its 6,000+ attorneys study all areas of legal practice and participate in USLAW’s 16 active groups and communities including
Banking/Finance, Business & Advisory Services, Business Litigation, Construction
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.
101
★
★★★ ★
Ringler Associates
USLAW
102
★★★
★★USLAW
SEA, Ltd.
PREMIER
PREMIER
PA R T N E R
ADDRESS
5311 Worthington Drive
Bethesda, MD 20816
PH
WEB
(301) 229-2852
www.ringlerassociates.com
Ringler Associates is the nation’s largest structured settlement firm, with
offices located in all major litigation centers in the U.S. and the U.K.
Since 1975, the company’s structured settlement specialists have placed
over 170,000 annuities totaling over $24 billion in claim settlements for
casualty carriers and self-insured corporations.
Since its establishment, Ringler Associates has used a partnership approach building a team of highly-seasoned professionals. Settlement
consultants at Ringler average over 10 years of experience in claims, insurance, law and negotiations; many are former senior claims officers
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Associates provide fast, accurate quotes, call with updates on rate
changes, and are available around-the-clock to meet with clients and
help review files.
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
specializing in failure analysis. S-E-A also conducts environmental and
industrial hygiene analysis. S-E-A offers complete investigative services
including: mechanical engineering, electrical engineering, metallurgical engineering, civil engineering, fire investigation, environmental and
workplace analysis. These disciplines interact to provide thorough and
independent analysis that will support any subsequent litigation. In addition, S-E-A has a fully equipped chemical testing laboratory.
S-E-A's full-time staff of investigators, engineers and chemists are licensed/registered professionals who are court-qualified experts in their
respective fields. With ten offices located throughout the United States,
S-E-A has provided professional services to manufacturers, attorneys
and the insurance industry – nationally and internationally – for over
40 years. S-E-A also has developed specialized practice groups in construction, marine, trucking, vehicle dynamics and quality control laboratory testing.
Development of settlement annuity plans by the company’s experts includes analysis and life care plans which define the needs and costs for
the claimant’s entire future. On-site support is offered during all phases
of the settlement negotiations. Our specialists will assist in the handling
of closing documents and follow-up after cases are closed. In-house
seminars covering the structured settlement process are also available.
Please refer to our website for further information and contact an individual Ringler Associate in your area. While online, check out our toprated legal podcast Series called RINGLER RADIO, with over 1,000,000
total listeners!
PARTNER CONTACTS
PARTNER CONTACTS
OFFICIAL STRUCTURED
SETTLEMENT PARTNER
OF USLAW NETWORK
OFFICIAL TECHNICAL
FORENSIC EXPERT PARTNER
OF USLAW NETWORK
James M. Early
Executive VP & National Sales Director
Ringler Associates, Inc.
10 Corporate Drive, Suite 2013
Bedford, NH 03110
PH
(603) 719-1010 (Direct)
EMAIL [email protected]
J. Kenneth Corwin
National Account Executive
Columbus, OH 43085
PH
(800) 782-6851
John L. Machir
Senior Vice President & CMO
5311 Worthington Drive, Suite 200
Bethesda, MD 20816
PH
(301) 229-2852 (Direct)
Chris Torrens
National Account Executive
1110 Benfield Boulevard, Suite B
Millersville, MD 21108
PH
(800) 635-9507
Duke T. Wolpert, MSI, SCLA
Director of Marketing
21 East Middle Turnpike, Suite 6
Manchester, CT 06040
PH
(603) 719-1021 (Direct)
Jared Henthorn
Manager
Columbus, OH 43085
PH
(800) 782-6851
★
★★★ ★
U.S. Legal Support, Inc
USLAW
103
D4
PREMIER
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
nearly two decades. The U.S. Legal Support philosophy brings together
specialists located across the country who understand each local market. This philosophy has created local services tailored to each market
bound together by a company who holds a national presence.
With over 40 offices located across the country U.S. Legal Support has a
diversified service offering including Court Reporting, Record Retrieval,
Litigation & ESI Services and Trial Services.
U.S. Legal Support is the proud official Court Reporter Partner of The
USLAW network providing access to over 1200 superior court reporters.
U.S. Legal Support court reporters are equipped with state of the art
technology creating a system that makes it easy for clients to access information. Client services include a complete online office with 24/7
access which includes online scheduling, calendar access, document
repository with access to transcripts and exhibits, invoice review and
much more.
U.S. Legal Support prides itself on the ability to create personal relationships and partnerships with firms by creating custom solutions tailored to individual legal needs. For a full service offering visit
www.uslegalsupport.com. U.S Legal Support looks forward to showing
you their Power of Commitment.
ADDRESS
222 Andrews Street
Rochester, NY 14604
PH
FAX
WEB
(800) 410-7066
(585) 672-9026
www.d4discovery.com
D4 is the nationally-recognized leader in litigation support and
eDiscovery services to law firms and corporate law departments.
Founded in 1997, D4 covers the full spectrum of eDiscovery services
from early data assessment consulting, data collection through data
processing, and online hosting to production. D4 also resells, supports
and provides training for all the leading eDiscovery applications.
Think of D4 as your own, in-house eDiscovery and Computer Forensics
Department. Here are some examples of when you should consider
contacting D4:
• Your client informs you that they have a new case for you and you suspect it includes electronic evidence (email, office documents, etc.).
• You need eDiscovery assistance with 26(f) meetings or 30(b)(6) depositions or you need an eDiscovery expert witness to testify in court.
• You receive hard drives, cell phones or other devices from your client
for a case and want to know the best way to deal with it.
• You need someone to defensibly collect electronic evidence from
your client’s corporate systems, structured databases or social media
sites.
• Your firm is considering bringing new technology in-house for document review or litigation support such as Relativity, Summation, or
Concordance.
• Any question or need to talk through options for dealing with discovery document review or electronic evidence.
With its broad range of flexible, scalable solutions, backed by the most
experienced eDiscovery personnel in the industry, D4 is uniquely qualified to be your USLAW strategic eDiscovery support team.
PARTNER CONTACTS
PARTNER CONTACTS
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
OFFICIAL E-DISCOVERY
PARTNER
OF USLAW NETWORK
John Holland
Chief Executive Officer
222 Andrews Street
Rochester, NY 14604
PH
(585) 385-4040
Philip Mooney
Chief Sales Officer
222 Andrews Street
Rochester, NY 14604
PH
(585) 385-4040
Tom Groom
Vice President
8429 N Silo Road
Parker, CO 80138
PH
(585) 512-3788
CELL (303) 968-7232
104
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
1500 litigation matters.
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
intellectual property, environmental, construction defects, and product liability cases. This unique blend of scientific and artistic talent allows DI to create the most visually compelling, technically accurate, and
persuasive images. Attorneys in law firms and corporate legal departments rely on DI to create powerful courtroom tools and effective catalysts for settlement.
ADDRESS
201 South Santa Fe Ave., Suite 100
PH
FAX
WEB
(310) 853-8448
(213) 347-0209
www.elevateservices.com
Elevate provides corporate law departments and law firms with practical ways to improve legal efficiency, quality, and outcomes through consulting, managed services and technology.
Elevate’s Consulting Services provide insights and advice focused on improving legal processes and financial results. For both law departments
and law firms, Elevate offers expert guidance and help in several areas,
including operational efficiency, alternative fee arrangements, legal
project management, and medical claims and litigation. Elevate’s
Managed Services provide a broad range of support functions for legal
operations in both corporations and law firms, including document review, due diligence, contract management, and medical claims and litigation support. The members of Elevate’s management team have
collaborated with over 100 corporations and 80 law firms to develop and
manage their legal support solutions, including offshore, onshore and
onsite operations.
Med Legal, a partner of USLAW since 2010, is now an Elevate service
and is expanding its medical claims and litigation support for plaintiff
and defense attorneys, insurance companies, corporations and the government. Elevate is committed to helping both corporate legal departments and law firms succeed through working smarter, improving the
efficiency of legal work, and achieving better outcomes.
Headquartered in the United States, Elevate serves clients worldwide.
On Twitter @ElevateServices
On LinkedIn at www.linkedin.com/company/elevate-services
Elevate’s Med Legal Services are also on Twitter @MedLegalLA and on
LinkedIn at www.linkedin.com/company/ med-legal-consulting-source
PARTNER CONTACTS
PARTNER CONTACTS
OFFICIAL LEGAL ANIMATION
SERVICES PARTNER
OF USLAW NETWORK
OFFICIAL LEGAL PROJECT
MANAGEMENT, OUTSOURCING AND
MEDICAL LEGAL CONSULTANT PARTNER
OF USLAW NETWORK
Daniel Kruger, Ph.D.,
President
PH
(515) 296-7175
Nancy Fraser Michalski, RN
VP and Founder, Med Legal
(an Elevate Service)
CELL (310) 993-1363
Charles Fox, Ph.D.
Vice President
PH
(515) 296-6737
Kunoor Chopra
VP Strategic Accounts
PH
(818) 448-5592
Mark McGrory, Esq.
Vice President / General Counsel
PH
(913) 226-5205
Mark Redmayne
VP Business Development
PH
(310) 792-0833
105
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
Robert Ackerman
President
Doug Marshall
President
Carmen Corcoran
Director of Marketing
Adam M. Kabarec
Vice President
106
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 22 U.S.
and 13 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 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
®

Product Liability - USLAW NETWORK, Inc

Transcription

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