Tuesday, August 20, 2002
Kelly Corr Rejects Courtney's (Love) Proposal
Sue Zeidler -- Reuters.com -- August 20, 2002 05:29 PM ET
While some are following Courtney Love's lawsuit in Los Angeles brought by Geffen, a unit of Universal Music when Love, the widow of Nirvana's late bandleader Kurt Cobain, decided to stop recording for Geffen, others are following the real action in Seattle where Love is suing the remaining members of Cobain's grunge band Nirvana over ownership of the group's recordings and songs in the case worth millions of dollars in royalties.
Irish superstar Bono of the group U2 has been asked to testify for Love, while the band's former band members Dave Grohl and Krist Novoselic questioned Courtney's mental stability in court papers filed this year.
Love recently submitted a written settlement proposal, but Nirvana's lawyer, Kelly Corr, on Tuesday said he told Love's lawyers upon receipt of the proposal that he considered it "one-sided and unreasonable."
Read more . . .
Snell & Wilmer Forms New Medical Group
Mike Fimea -- The Arizona Republic -- August 15, 2002
Building on its reputation of defending product liability cases, one of the Valley's biggest law firms has formed a new practice group to handle similar cases in the medical field. Snell & Wilmer's Medical Device and Pharmaceuticals Practice Area encompasses the firm's offices in Arizona and four other Western states. The 13 partners and 13 associates in the group have defended companies in costly litigation over breast implants, diet supplements and other medical products.
"Any product used on the body is not risk free," said Paul Giancola of Snell & Wilmer. "Even after a product receives FDA approval, there can be unforeseen effects."
The effects often result in a class-action lawsuit with plaintiffs scattered through several states. Doug Seitz, Giancola's colleague at Snell & Wilmer, said it's not cost-effective for a company to hire hundreds of lawyers and bring them up to speed on the details of the case.
"They'll pick a core group of attorneys to serve as trial counsel," Seitz said. "There aren't many firms that have the specialized expertise." Few lawyers bring a scientific background to their work. David Faigman, whose 1999 book, Legal Alchemy, explored the relationship between science and the law, noted that fewer than 10 percent of law school students have undergraduate degrees in the natural sciences, math, engineering or related fields.
"Most lawyers have little or no appreciation for the scientific method and lack the ability to judge whether proferred research is good science, bad science or science at all," Faigman wrote. Giancola and Seitz are exceptions. Giancola received an undergraduate degree in biology and physical therapy, and Seitz is an engineering graduate of MIT.
"You can't try these cases unless you've spent weeks and months learning the science," Seitz said. "You look for the top experts in the field, you look at the design issues and the peer reviews (of medical products)." A liability suit related to a medical product can radiate far beyond the courtroom. A product beneficial to one group of people may need to be modified or even taken off from the market.
"The threat of massive litigation can make legitimate products unavailable," said Sheila Carmody, another attorney in the medical devices group. "The real losers are the patients who critically need them." The firm's experience in other liability cases is helpful. Snell & Wilmer was the primary trial counsel for Ford Motor Co. in a lawsuit involving defective tires manufactured by Firestone. The firm also counts several physicians and hospitals among its clientele.
"Most of the product liability suits will settle while health-care litigation is more likely to go to trial," Giancola said. "We'll have two or three cases a year. The two (practice) areas share similar experiences in terms of the technical scientific issues you have to work through."
The Ford case helped Snell &Wilmer establish a process for managing the tidal wave of information necessary to the case. Seitz said the experience is easily adaptable for medical clients. "You need to have a way of obtaining and retaining documents so you don't have an Enron type of problem," he said.
"Once you have that database, you can examine the scientific and design issues. "Snell & Wilmer claims to have the first practice group in the state specializing in medical device issues. If the planned genomics research institute comes to Arizona, Giancola said the firm will get more involved with agreements between product designers and manufacturers, and work with venture capitalists to bring more medical business to the state.
"The big drug manufacturers tend to be located on the (East) coast," Seitz said. "The hope is that we can form a nucleus of those companies in Arizona."
Saturday, August 17, 2002
Network Member Law Firm Snell & Wilmer's Patricia Lee Refo to be Chair of the ABA Section of Litigation
PHOENIX (August 16, 2002) –- Snell & Wilmer announced that Phoenix partner Patricia Lee Refo became chair-elect of the American Bar Association Section of Litigation at the Section’s Passing of the Gavel and International Human Rights Award luncheon in Washington, D.C. earlier this month. Refo will serve as chair-elect through the ABA annual meeting in San Francisco in August 2003, when her one-year term as Chair commences.
Refo focuses her practice on complex commercial litigation, with an emphasis on litigation for financial institutions, professional malpractice defense, class actions, trade secret litigation and commercial and business torts. She has been actively involved with the Section of Litigation of the American Bar Association for more than 15 years. She is also a member of the ABA Standing Committee on Membership and a former member of the ABA House of Delegates.
Recently, Refo was appointed by Chief Justice William Rehnquist to serve on the Advisory Committee on the Federal Rules of Evidence for the United States Judicial Conference. She is a member of the Faculty of the National Institute for Trial Advocacy, and has taught trial advocacy programs across the United States, in Argentina and in Hong Kong. Refo earned her Juris Doctor from the University of Michigan Law School and received her B.A. from the University of Michigan.
The ABA Section of Litigation, the largest Section of the ABA, is comprised of more than 65,000 trial lawyers, judges and others involved in all aspects of litigation and the dispute resolution process. The Section in dedicated to promoting justice both domestically and internationally and to enhancing public understanding of and respect for the legal profession.
The American Bar Association is the largest voluntary professional membership association in the world. With more than 400,000 members, the ABA provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public.
Rhode Island to Try First State Suit Over Lead Paint
Officials seek a massive cleanup
Margaret Cronin Fisk -- The National Law Journal -- 08-19-2002
The first state action seeking to hold the paint industry accountable for health hazards caused by lead paint used decades ago is about to go to trial on Sept. 4 in Providence, Rhode Island.
The state of Rhode Island is the plaintiff but isn't seeking compensation for injuries suffered by individuals exposed to lead. Instead, it is pursuing the novel claim that the defendant manufacturers and distributors of lead paint or lead created a public nuisance and should be held responsible for cleaning up what's remaining in hundreds of thousands of buildings in the state. If the jury says it does, later phases will consider fault and remedies, including damages. Also deferred until after the nuisance phases are the state's products liability claims over lead paint in state-owned buildings. Whitehouse v. Lead Industries Assoc., No. 99-5226 (Providence Co., R.I., Super. Ct.) (defendants are Lead Industries Association, Inc.: American Cyanamid Company; Atlantic Richfield Company; E.I. Dupont De Nemours and Company; The O'Brien Company; Conagra Grocery Products Company; The Glidden Company; NL Industries, Inc.; SCM Chemicals; The Sherwin-Williams Company; and John Doe Corporations). Read the Rhode Island Superior Court's decision.
-- Public nuisance claim charged by a dozen other cities and counties nationally
-- RI's is the flagship case
-- The potential cost could be enormous
-- After 15 years of litigation against the industry, including lawsuits brought by individual plaintiffs and public entities, the industry has never settled and the plaintiffs haven't gotten a penny.
-- Providence is the lead paint capital of the country with 25 percent of kindergarten children having elevated blood lead levels.
-- Plaintiffs allege that the industry knew lead was toxic dating back as early as 1904
-- Lead paint was completely banned by the federal government in 1978 and has not been sold for decades.
Read more . . .
Thursday, August 15, 2002
Network Draws 250 to "Litigation Management in a New York Minute"
250 in-house attorneys and outside counsel enjoyed more than 6 hours of CLE, including more than an hour of ethics CLE, at the Association of the Bar of the City of New York, last Friday. The program, the first of its kind ever in New York City, featured novel innovations in the delivery of CLE for which the Network of Trial Law Firms is known, including: free tuition for in-house counsel, 20-minute speaking segments rigidly enforced and observed, free breakfast, refreshment breaks and lunch, working breakout-lunch sessions, multi-media presentations and practical, straight-from-the-shoulder real world presentations from real trial lawyers with information in-house counsel can use immediately.
In addition, Alan Rothstein, General Counsel of the Association of the Bar of the City of New York, was on hand to accept the Network's donation of $5,000.00 to The City Bar Fund, a pro-bono organization that strives to facilitate and improve the delivery of legal services to more than 15,000 low-income New Yorkers each year.
Our "Litigation Management in a New York Minute" CLE program was such a success that the Network voted to reprise it next summer on Friday, August 8, 2003, with then current topics, so please mark your calendars.
In addition to making a major splash in the New York City market, TRIAL.COM attorneys made many new connections with in-house counsel responsible for selecting outside trial counsel.
The Network also hosted a pre-program dinner at Spark's Steakhouse for out-of-town guests arriving early. More than 90 people attended that dinner which was highlighted by the opening entertainment of stand-up comic and practicing trial attorney Neil Gronowetter, Esq. Following the program, many Network attorneys attended a pre-theater buffet dinner at the famous Algonquin Hotel prior to enjoying an evening's entertainment at musicals "The Lion King" and "42nd Street."
Comments from in-house counsel who attended our CLE program were:
"Very informative and surprisingly humorous."
"Overall, it was an excellent program."
"Best program I have attended in years."
"Please invite me back."
"Good seminar. I would attend again."
"This seminar was worth the trip. Thanks"
"Program was extremely well done."
"This was much better than I expected. Very professional. Would recommend your course to others."
"Very topical and relevant to what I do. Easily could have been expanded to two days."
"Brilliant and entertaining. Please organize more CLE!"
"Having short session on a variety of topics was very refreshing and enjoyable."
"Ideal location and format."
"Well structured and administrated program."
"This was, by far, the most engaging CLE course I attended."
"A very impressive panel of highly intelligent, articulate and informative attorneys."
"Format very good -- short and sweet!"
"I found this CLE to be better thank typical CLE seminars."
"All of the ethics sessions were very good additions and were well presented. Thanks."
"The program was well-organized and stayed on schedule. I enjoyed all of the speakers."
"Great program. Great Speakers. Interesting and topical subjects."
"The presentations by Ortego, Corr, Hood, Halpern and Stephenson were the best."
"Really great program. The short, simple talks kept things moving and held attention."
"The speakers were excellent and the format worked well. Ms. Joffe gave very practical advice."
"Excellent program. Fast-paced, topical and useful."
"Interesting, useful and entertaining course."
"Very good seminar."
"Excellent concept for a program and very well executed."
"A worthwhile program -- a lot covered in a 'New York Minute'."
A complete list of attendees is available for Network members.
Our application for accreditation of this program in New York is currently pending.
Frederick (“Rick”) N. Sager, Jr. of Network member firm Weinberg, Wheeler, Hudgins, Gunn & Dial (Atlanta) was recently admitted to the Product Liability Advisory Council ("PLAC"). He joins firm attorney Ben L. Weinberg, Jr. who is a member of PLAC. PLAC is an association of more than 100 major corporations. The Council was formed to submit briefs as friend of the court on pivotal issues of product liability and environmental law. The Product Liability Advisory Council is a nonprofit corporation whose membership is open to product sellers interested in the future development of product liability law. Membership is also extended by invitation to individual attorneys who maintain a substantial part of their practice in product liability or appellate matters. Through amicus briefs in selected appellate cases, PLAC provides a counterweight to the plaintiffs' bar by demonstrating to appellate courts the impact their decisions have on the business community. PLAC helps its member attorneys contribute to the development of product liability law, thereby enhancing their ability to serve clients.
Wednesday, August 14, 2002
CARACAS — Ruden, McClosky, Smith, Schuster & Russell opened a new office in Caracas, Venezuela recently. Humberto Briceño and Carlos Aguilar (who has been an international consultant with the firm in Miami since January 1, 2002) are working out of the firm's Caracas and Miami offices. The Caracas office will operate as an independent entity under Venezuelan law known as "Despacho de Abogados Miembros de la Firma Ruden McClosky Smith Schuster & Russell, S.C."
Ruden's Venezuelan office focuses on commercial and corporate law, banking law, administrative law, and governmental relations. Humberto Briceño oversees the office in Caracas and works closely with Armando Lacasa, head of the Firm's International Practice Group.
The Firm's new office is located at Torre Provincial "A", Piso 8, Avenida Francisco de Miranda, Chacao, Caracas, Venezuela, 1060. The new phone number is (58212) 216-5500 and the fax number is (58212) 216-5505.
Humberto Briceño Leon received his law degree from the Universidad Catolica Andres Bello in Venezuela (Lawyer, 1977). In 1978-79 he attended the Institute of Political Studies in Paris, France and in 1990 he attended Yale University Law School as a Fulbright Scholar.
Admitted to practice law in Venezuela, Mr. Briceño Leon concentrates his legal practice in administrative law, World Trade Organization rules, and governmental relations. He will be working with Latin American clients doing business in the United States and attorneys and clients statewide to establish business and governmental relationships in Latin America. He has offices in both our Miami and Caracas office.
Mr. Briceño Leon has extensive experience assisting multinational companies expand their business in Latin America. He assists them in developing their business strategies and provides legal advice in acquiring existing businesses, obtaining governmental approvals, establishing representation and agency agreements, conducting commercial transactions and all other legal aspects related to business in the region. He has particular experience with the telecommunications and transportation industries and with the privatization of utility companies.
Fluent in Spanish, French and English, Mr. Briceño Leon authored and co-authored three books and various papers in the area of Constitutional and Administrative Law. In addition, he has served as a Professor at Duke University Law School (1992-93) and as an Invited Professor at Nova Southeastern University Law Center (2000). In 2001, he served as the first acting Justice of the Political-Administrative Chamber of the Supreme Court of Justice.
Mr. Briceño Leon active in many professional and civic professions including the American Bar Association, the Caracas Bar Association, Jurado Fulbright, and Cámara de Comercio Venezolana Florida. He is a former member of the Colegio de Abogados del Distrito Federal Venezuela.
Tuesday, August 13, 2002
Stephen M. Strum of Network member firm Sandberg, Phoenix & von Gontard (St. Louis) was recently admitted to the Product Liability Advisory Council (PLAC). Stephen will join Keith Phoenix from the firm as members of PLAC. Product Liability Advisory Council ("PLAC"), is an association of more than 100 major corporations. The Council was formed to submit briefs as friend of the court on pivotal issues of product liability and environmental law. The Product Liability Advisory Council is a nonprofit corporation whose membership is open to product sellers interested in the future development of product liability law. Membership is also extended by invitation to individual attorneys who maintain a substantial part of their practice in product liability or appellate matters. Through amicus briefs in selected appellate cases, PLAC provides a counterweight to the plaintiffs' bar by demonstrating to appellate courts the impact their decisions have on the business community. PLAC helps its member attorneys contribute to the development of product liability law, thereby enhancing their ability to serve clients.
