For The Defense, December 2011 - DRI Today

More documents

Recommendations

Info

TRuckIng Law From the Chair By Kurt M. Rozelsky Our ambitious 2012 schedule makes it the perfect time to get involved in the Trucking Law Committee. ■ Kurt M. Rozelsky is an attorney in the Greenville, South Carolina, office of Smith Moore Leatherwood LLP. Kurt focuses his practice on the defense of transportation matters, product liability claims, and other technical and expert driven litigation. In addition to chairing DRI’s Trucking Law Committee, he is a vice chair of the FDCC’s Transportation Section and is a member of ABOTA, TIDA, and Transportation Lawyers Association. He has 72 friends (14 pending). 48 ■ For The Defense ■ December 2011 One New Idea— One New Friend
Whenever I go to a conference, reception, or similar event, I set a simple goal: learn one new idea and meet one new friend. Sounds simple, right? As lawyers, we are all busy. In fact, we pride ourselves on being busy. When you ask someone how they are doing, the common response is “I’m really busy,” to which we generally reply by telling them how busy we are as well. It is as if the busiest person wins. Well, 2012 is the perfect time for you to slow down and focus on learning one new idea and making one new friend in the Trucking Law Committee. Speaking of new ideas, the Trucking Law Committee has been hard at work planning the 2012 Trucking Law Seminar: Road Warriors 2012—Reshaping Trucking Litigation, to take place February 16–17 at the fabulous Westin Kierland Resort in Scottsdale, Arizona. M.J. Dobbs, Program Chair, and Brett Ross, Program Vice Chair, and their steering committee have put together an incredible, not-to-be-missed program. The 2012 seminar features a keynote speech by David Osiecki of the American Trucking Associations about the upcoming legislative and regulatory agenda affecting the trucking industry. In addition, there are practical segments on voir dire in a trucking case, handling the nontraditional trucking case, handling damages after stipulating to liability, and defending the driver’s history. There are breakout sessions for new- to- trucking attorneys on medical issues and advanced sessions on loading/ unloading, trucking employment issues, and the ever- evolving CSA. Finally, the seminar will introduce two live features: a driving simulation and a live independent medical exam (IME). This is truly a seminar where you will learn much more than just one new idea. On the “meet one new person” goal, the 2012 seminar offers numerous opportunities to network with trucking attorneys from around the country at breakfast gatherings, cocktail receptions, and the ever- popular dine-arounds. The last seminar hosted nearly 650 attendees, including numerous industry representatives, and the upcoming seminar expects to be even grander. If you cannot meet one new person in this venue, you are not trying very hard. The Trucking Law Committee offers many more opportunities to learn new ideas from our quarterly newsletter, In Transit, and this issue of For The Defense. Thanks to Publications Chair Stephen Pesarchick and Publications Vice Chair John Lomax Anderson for their efforts in putting these materials together. The committee publications offer an excellent way to get involved in the committee and share your knowledge and experiences. If you have an article or an idea, let us know and we will work to get you published. Combining new ideas and new friends, 2012 will continue the development of the Trucking Law Specialized Litigation Groups (SLGs). These subgroups include Biomechanics/Accident Reconstruction, Cargo Claims, Insurance Coverage, Logistics, New Trucking Attorney/Young Lawyers, and Regulatory/Governmental Affairs. SLG Chair Pat Sweeney and SLG Vice Chair Sara Turner are recruiting members to each of these groups to get more people involved in the committee and we hope you will join one or more of the SLGs. The more people get involved the more productive these groups will become, leading to more new ideas and more new friends. As you read through the following pages of excellent articles, written by experienced trucking practitioners, strive to learn one new idea that you can put into your practice today. And as you prepare for 2012, strive to make the one new friend in the Trucking Law Committee. In the end, you will find that the new idea/new friend idea is a way to grow your practice professionally and personally. Good luck, and I look forward to making many new friends at the 2012 seminar in Scottsdale. For The Defense ■ December 2011 ■ 49
Page 2 and 3: Complex Claims Require Expert Knowl
Page 4 and 5: DRI—The Voice of the Defense Bar
Page 6 and 7: DRI Services 55 West Monroe Street
Page 8 and 9: DRI ToDay— The NexT 50 yeaRs 2011
Page 10 and 11: Embracing Our Common Humanity— Pr
Page 12 and 13: Scalia and Garner: Making Your Case
Page 14 and 15: Transportation Security— Its Evol
Page 16 and 17: The Awards This year during the DRI
Page 18 and 19: plan committed to achievement, sens
Page 20 and 21: National Conclave of State and Loca
Page 22 and 23: Over Criminalization of Business Co
Page 24 and 25: 22 ■ For The Defense ■ December
Page 26 and 27: pRoFessIonAl lIAbIlITy Sidestepping
Page 28 and 29: PROducT LIabILITy Past Is Prologue
Page 30 and 31: Product LiabiLity specific faciliti
Page 32 and 33: Product LiabiLity the two types of
Page 34 and 35: Product LiabiLity sive, albeit inco
Page 36 and 37: Professional liability The Times Th
Page 38 and 39: Professional liability ity of those
Page 40 and 41: Professional liability policies exc
Page 42 and 43: dRug and MedIcaL devIce FDA Regulat
Page 44 and 45: Drug anD MeDical Device a health ca
Page 46 and 47: Drug anD MeDical Device the manufac
Page 48 and 49: Drug anD MeDical Device “mere bee
Page 52 and 53: Trucking Law Rapid Response Teams B
Page 54 and 55: Trucking Law important way to docum
Page 56 and 57: Trucking Law there is no way to kno
Page 58 and 59: Trucking Law sonally witnesses an a
Page 60 and 61: Trucking Law A driver’s refusal t
Page 62 and 63: Trucking Law the likely attitudes o
Page 64 and 65: Trucking Law aging juror responsive
Page 66 and 67: Trucking Law Cross-border trucking
Page 68 and 69: Trucking Law Wake-Up Call for Carri
Page 70 and 71: Trucking Law den of proof standard
Page 72 and 73: Trucking Law The court concluded th
Page 74 and 75: Trucking Law share some of her know
Page 76 and 77: Trucking Law formula and are also n
Page 78 and 79: Trucking Law Intervention and “No
Page 80 and 81: Writers’ Corner Social Proof Why
Page 82 and 83: ThInk gLObaLLy 10 Tips Obtaining Ev
Page 84 and 85: Attorneys defending motor carriers
Page 86 and 87: FMSCa evaluation, from page 77 Smit
Page 88 and 89: may decide that failing to take thi
Page 91 and 92: Pennsylvania Bonnie S. Stein, Morri

For The Defense, December 2011 - DRI Today

Create successful ePaper yourself

Delete template?

Save as template?