For The Defense, December 2011 - DRI Today

pRoFessIonAl lIAbIlITy
Sidestepping the Fraudulent Concealment
Landmine
Shana A. O’Grady of Mulherin Rehfeldt
& Varchetto PC addresses claims of
fraudulent concealment asserted against
professionals as a means to avoid statutes
of limitation defenses during the Thursday
afternoon Professional Liability Committee
meeting. Ms. O’Grady discussed the
available defenses to such claims, as well
as the policy debate regarding common
law rules that subsume fraudulent
concealment tolling provisions.
ReTAIl AnD hospITAlITy
Managing and Responding to a Crisis
During the Retail and Hospitality Committee’s business meeting and CLE,
Paul E. White of Sugarman Rogers Barshak & Cohen PC (left) and Jennifer
Anderson Hoffman of Marlow Connell Abrams Adler Newman & Lewis
PA draw on some real-life examples and a vivid hypothetical scenario to
illustrate some of the key strategies that need to be employed to manage a
crisis quickly, responsibly and effectively.
TeChnology
Technology Killed the Dinosaur—
How to Defeat the Plaintiffs’
Bar’s Latest Reptile Strategy
The newest trend among the plaintiffs’ bar involves triggering the
“reptilian brain” in jurors. The book, Reptile: The 2009 Manual of the
Plaintiff’s Revolution, suggests that jurors should be perceived as
having reptilian-type brains that respond to survival instincts. During
the Technology Committee’s business meeting and CLE on Thursday
afternoon, Matthew G. Moffett of Gray Rust St. Amand Moffett & Brieske
LLP taught attendees how to counter this “reptile” strategy using
technological savvy and creative lawyering skills.
24 ■ For The Defense ■ December 2011
ToxIC ToRTs AnD envIRonMenTAl lAW
How the Restatement (Third) Confused
Risk and Causation and
Wound Up Restating
Precautionary Principle
David A. Oliver of Vorys Sater Seymour
and Pease LLP shares his concerns about
the potential effect of the Restatement
(Third) on the future of toxic tort claims
on Friday morning, when he was one
of three presenters at the Toxic Torts
and Environmental Law Committee’s
business and CLE meeting. In addition,
Keith B. Hall of Stone Pigman Walther
Wittmann LLC presented “Hydraulic Fracturing and the Environment—Drink
Up!,” Jill M. Hutchison of Jenner & Block LLP spoke on “Taking the Sting out of
Stigma Damages—Combating Claims for Lost Property Value,” and Martha C.
Gaythwaite of Friedman Gaythwaite Wolf & Leavitt LLP shared “War Stories
from a Manufactured Gas Plant Trial.”
TRIAl TACTICs
Is the Collateral Source Rule Dead, Dying or
Poised for a Comeback?
John C.S. Pierce of Butler Pappas
Weihmuller Katz Craig LLP talks during
the Trial Tactics Committee’s Thursday
meeting about the debate across the
country about whether the collateral
source rule protects the right of plaintiffs
to collect the “billed” amount of medical
services, as opposed to the amount “paid”
for those services. Mr. Judge identified
the different approaches used around the
country, discussed emerging trends, and
suggested arguments to help nudge a court in the right direction. Christopher
A. Bottcher of Sirote & Permutt PC also spoke at the committee meeting on
“Defending Lenders, Servicers and Nominees in Mortgage Litigation.”
TRuCkIng lAW
E-Discovery Issues Unique to Trucking
Litigation
Stacy Erin Rowell, Manager of Accident
Claims/Legal, Southeastern Freight Lines
brings her experienced perspective to
describe the types of E-Info available
through Engine Control Modules, on-board
communications and satellite tracking
systems, to name a few, at the Trucking
Law Committee’s Thursday business
meeting and CLE. Philip M. Gulisano
of Burden Gulisano & Hickey LLC also
presented at the meeting on “Federal
Compliance, Safety and Accountability Initiative Safety Management Systems.”