For The Defense, December 2011 - DRI Today

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DRI—The Voice of the Defense Bar Vol. 53, No. 12 December 2011 President Henry M. Sneath Pittsburgh, Pennsylvania Immediate Past President R. Matthew Cairns Concord, New Hampshire President-Elect Mary Massaron Ross Detroit, Michigan 1st Vice President J. Michael Weston Cedar Rapids, Iowa 2nd Vice President John Parker Sweeney Baltimore, Maryland Secretary-Treasurer Laura E. Proctor Nashville, Tennessee Executive Director John R. Kouris Deputy Executive Director Tyler Howes Director of Publications Jay Ludlam Editor Michelle Parrini Production Manager Julia Bergerud Contributing Editor Marge Motluck Advertising Representative Laurie P. Mokry For The Defense, December 2011, Vol. 53, No. 12 (ISSN 0015-6884). Copyright ©2011, DRI. All rights reserved. Published monthly by DRI, 55 West Monroe Street ~ Suite 2000, Chicago, Illinois 60603. Telephone: (312) 795-1101. Fax: (312) 795-0747. Periodicals postage paid at Chicago, Illinois, and at additional mailing offices. Subscription price is $65.00 per year, and, for DRI members, is included in the membership dues. Individual copies are $7.00 for DRI members and $12.00 for non-members, plus postage and handling. POSTMASTER: Send address changes to For The Defense, DRI, 55 West Monroe Street ~ Suite 2000, Chicago, Illinois 60603. Correspondence and manuscripts should be sent to the Editor. All views, opinions and conclusions expressed in this magazine are those of the authors, and do not necessarily reflect the opinion and/or policy of DRI and its leadership. 2 ■ For The Defense ■ December 2011 In ThIs Issue 1 On The Record “May I Be Heard?” DRI Is Listening By John E. Cuttino, DRI Board of Directors 4 DRI News Members on the Move • DRI Calendar 6 2011 Annual Meeting DRI Today—The Next 50 Years ProducT LIabILITy 26 Past Is Prologue Still No Service for Cell Phone Radiation Litigation By Lawrence G. Cetrulo, Michael J. Cahalane and Robert J.L. Moore ProfessIonaL LIabILITy 34 The Times They Are A-Changin’ Lawyers’ Professional Liability Insurance By Stephen S. van Wert drug and MedIcaL devIce 40 FDA Regulation Off-Label Promotion and the First Amendment By Michael A. Walsh TruckIng Law 48 From the Chair One New Idea—One New Friend By Kurt M. Rozelsky 50 Rapid Response Teams Investigation of Catastrophic Accidents By Durward D. Casteel and Aaron J. Messer 55 To Cooperate or Not…That Is the Question! Postaccident Police Investigations By Brian Del Gatto and Julia Paridis 59 An Essential Element of Risk Management Battling Bias Against Truckers By Stockard R. Hickey III and Paula J. Gabier, Ph.D. 31 One Size Doesn’t Fit All Analyzing Punitive Damages Reprehensibility By Diane Flannery and Jason Burnette 78 Writers’ Corner Social Proof: Why Precedents Are Persuasive By Linda Morkan 80 Think Globally 10 Tips: Obtaining Evidence Successfully in Canada to Use in a Foreign Proceeding By Richard McCluskey and Lisa Parliament 88 Advocates and New Members 63 Welcome to the United States Mexico as a Partner Under the 2011 Trucking MOU By Jenifer L. Kienle and William B. Springer 66 Wake-Up Call for Carrier and Driver Falling Asleep Can Result in Punitive Damages By Marshal M. Pitchford and Christopher E. Cotter 71 FMSCA Safety Evaluation CSA—The Final Version? By Philip M. Gulisano and Thomas J. Lang
© 2011 Thomson Reuters L-367045/11-11 Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters. JD BY DAY, DJ BY NIGHT. | Rishi Bagga (a.k.a. DJ Rishi B) Business Attorney, Orlando “As a solo attorney just starting out, I wanted to keep my expenses down yet still be fast and confi dent in my business law research. Once I tried WestlawNext ® I knew it was the way to go. It helps me prepare to stand before a judge, and gives me more time to stand behind a turntable.” westlawlifestyle.com
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Page 12 and 13: Scalia and Garner: Making Your Case
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Pennsylvania Bonnie S. Stein, Morri
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