Saturday, October 6, 2012
Friday, October 5, 2012
The Kansas Supreme Court has just released an opinion upholding a $250,000 cap on pain-and-suffering damages in personal injury cases. Missouri invalidated a similar cap in August.
The (lengthy) opinion (pdf) is here: Download DC-#413210-v1-Kansas_Cap_Constitutional_Cap_Decision
Thursday, October 4, 2012
This is slightly off topic, but Brendan Kenny of Blackwell Burke has founded the Twin Cities E-Discovery Forum. Our readers in the Twin Cities area of Minnesota should check it out.
We would like to invite you to the inaugural meeting of the Twin Cities E-Discovery Forum.
The forum will be a quarterly gathering of local outside counsel, in-house counsel, public-sector attorneys, the judiciary, technologists, and IT professionals dedicated to sharing knowledge and experiences about e-discovery best practices to create a stronger Twin Cities e-discovery community.
At our meetings and at other select events, we will cooperatively discuss current e-discovery issues, educate the local legal community about the challenges posed by electronic discovery, and arrive at cost-effective, ethical, and practical solutions.
The Twin Cities is home to some of the nation’s e-discovery's top talent. Among those national e-discovery thought-leaders that are committed to launching the forum are:
- George Socha: President of Socha Consulting LLC, Co-Founder of EDRM, and Co-Founder of Asperee.
- David Yerich: Director of E-Discovery, United Health Group.
- Michael J. McGuire: Shareholder and eDiscovery Counsel, Littler Mendelson.
Each meeting will have a different topic. There will be a meet and greet with a continental breakfast between 7:30–8:00am, followed by a presentation and a question- and-answer period ending at 9:00am.
The forum is:
- · Free: There will be no charge, no dues, and no fees for our quarterly meetings. Each meeting will be hosted by a different participant.
- · Open: The forum is an open-source e-discovery program. Anyone interested may attend.
- · Flexible: Because e-discovery is constantly evolving, the forum will be decentralized, voluntary, and nimble. Without a rigid agenda and formal structure, it can adjust to meet the ever-changing needs of the legal and technology communities.
- · Collaborative: As the experience of other cities’ e-discovery groups with this format show, the forum is not a CLE—it is a group discussion. Because our discussions are confidential, and because we know and trust our neighbors in the legal community, the forum will foster a more unified, more effective, and more collaborative Twin Cities e-discovery culture.
The forum is modeled after the Friends of E-Discovery groups that Karl Schieneman, Tom Allen, Pete Pepiton, and other lawyers have helped form in Pittsburg, Cincinnati, Columbus, Indianapolis, Cleveland, and Nashville. They have had great success, particularly in bringing together the judiciary, lawyers, IT staff, and technologists.
For more information about these groups, go to www.friendsofediscovery.com.
Opening Meeting Logistics
Our first meeting will be from 7:30–9:00am on October 16, at 431 South 7th Street, Suite 2500, in Minneapolis. It will be hosted by Blackwell Burke P.A. (www.blackwellburke.com/ediscoveryforum.php).
Opening Meeting Topic
After my brief opening presentation, Karl Schieneman will share some of the successes that e-discovery groups with this format have had. This will lead to a roundtable discussion on our most pressing e-discovery issues, and what we hope to gain from the forum.
Mr. Schieneman is a nationally recognized e-discovery thought-leader. He is president and founder of ReviewLess LLC (www.reviewless.co), an e-discovery provider. And he hosts the popular, always insightful, and always free ESI Bytes podcasts (www.esibytes.com).
If interested, please contact Brendan Kenny at 612-343-3211 or firstname.lastname@example.org.
Wednesday, October 3, 2012
Mike Rustad and Gabe Teninbaum at Suffolk are co-chairing Medical Malpractice: Current Issues in Physician, Medical Devices and Pharmaceutical Liability. The conference will be held at Suffolk Law on Friday, November 9, 2012. The description:
About the Conference
Tort reform developments, the U.S. Supreme Court's recent preemption decisions, and rapidly evolving causes of action and defenses are reshaping the medical liability landscape. The Sixth Thomas F. Lambert, Jr. conference brings together top legal practitioners, trial judges and leading academics to reflect on these changes and the potential impact on medical malpractice cases involving physicians, medical devices, and pharmaceutical liability. As Thomas F. Lambert would put it, "A fence at the top of the cliff is worth more than an ambulance in the valley below." Forewarned is forearmed.
Learn about how to resolve challenging medical liability issues from leading Massachusetts jurists and attorneys who try these cases. Learn about how trial judges approach avant garde lost chance cases, high tech medicine cases, and informed consent. This practical conference presents an update on national tort reform as well as New England developments such as the New Hampshire radical reformation of its medical liability and Massachusetts' Apology Bill. Leading trial attorneys will give their take on how these changes to medical liability law impact practice. This conference will give attendees the latest update on the U.S. Supreme Court’s preemption jurisprudence in medical device cases that are often partners in complex medical liability cases. While the emphasis will be on medical liability, there will also be an introduction to the products liability issues. The conference will present state of the art knowledge on what we know and still don’t know about medical liability verdicts from a practical perspective. Attend and hear leading trial lawyers and defense attorneys provide the best available guidance on discovery, voir dire, trial tactics, and jury instructions in a field increasingly impacted by preemption and tort reform. Don't miss this opportunity to learn about the latest developments from the trial judges that try these complex cases with commentary from leading plaintiff and defense experts.
The brochure (pdf): Download Lambert_Medical_Malpractice-2
Tuesday, October 2, 2012
Monday, October 1, 2012
Forthcoming in the December issue of Enterprise & Society, Rachel Maines (Cornell School of Electrical and Computer Engineering) has an article on "The Asbestos Litigation Master Narrative: Building Codes, Engineering Standards, and "Retroactive Inculpation." You can download a pdf of the article here: Download Maines Asbestos Litigation Master Narrative 2012