DIRECTORY OF ATTORNEYS - USLAW NETWORK, Incweb.uslaw.org/wp-content/uploads/2015/04/2015... · 5905...

5905 NW 54TH CIRCLE • CORAL SPRINGS, FL 33067PHONE/FAX (800) 231-9110

www.uslaw.org

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DIRECTORY OFATTORNEYS

®

The USLAW NETWORK Product Liability Practice Group is a nationwide network of experienced product attorneys committed toproviding the highest quality legal services to effectively and efficiently achieve the goals of the clients we serve. We share a commit-ment to integrity and professionalism and are dedicated to finding creative and cost-effective solutions to the full range of product li-ability exposures so that the results we achieve exceed the expectations of our clients.

MISSION STATEMENT

• Agricultural Equipment• Alcohol and Distilled Spirits• Aircraft (Private and Commercial)• Asbestos• Automobiles• Beverage Containers• Boats and Ships (Commercial and Pleasure)• Breast Implants• Building and Construction Equipment• Chemicals, Solvents and Plastics• Construction, Products, Vehicles and Equipment• Consumer Products, Appliances, Equipment and Goods• Cosmetics• Electrical Equipment and Devices• Electrical Wire and Cable• Firearms• Fire Sprinklers and Fire Protection Devices• Flooring Systems• Food Products• Furniture• Hand Tools• Herbicides and Pesticides

• Industrial Machinery• Ladders• Lawn Movers and Outdoor Power Equipment• Lifting Equipment• Locomotives and Locomotive Equipment• Medical Devices and Supplies• Mining Equipment• Motorcycles and Recreational Vehicles• Pharmaceuticals, Prescription Drugs and Over-the-Counter

Medications• Power Tools• Recreational Equipment• Respiratory Protective Equipment and Safety Devices• Roofing Systems• Scaffolding• Swimming Pools• Tanks and Containers• Tires• Toys and Children's Products• Tobacco Products• Trucks and Commercial Transportation• Windows

AREAS OF PRACTICEOur lawyers defend products of every sort, from consumer goods and automobiles to industrial machinery and high tech medical devices andeverything in between. In addition, USLAW Product Liability Practice Group attorneys have represented clients in every major mass product li-ability and toxic tort litigation since the inception of Section 402A of the Restatement (Second) of Torts, including asbestos, silica, breast im-plant, Dalkon Shield, Pedicle Screw, Fen/Phen, Redux and latex glove litigation, to name a few. Products defended by our members include:

The lawyers within the Product Practice Group are product liabil-ity specialists and include leaders in our field who have lecturedand written extensively on cutting edge topics and litigation tech-niques. We provide a full range of litigation and counseling serv-ices related to the full spectrum of product liability issues, fromsimple to complex and from traditional exposures to emergingtrends.

Our attorneys have successfully represented clients in thousands ofproduct liability matters across the country and throughout theworld. In addition to our vast experience with product liability tri-als and litigation, we advise our clients on matters relating to pre-litigation planning, litigation management, liability exposure, riskmanagement, risk avoidance and risk transference. This can in-clude working with clients on recall and/or retrofit campaigns,warning labels, operator manuals, disclaimers, indemnity agree-ments and insurance coverage issues.

Utilizing the USLAW Product Liability Practice Group providesclients with nationwide access to highly experienced product lia-bility attorneys who share information and resources for the ben-efit of their clients. When you retain a USLAW Product PracticeGroup attorney, you are assured the highest level of quality repre-sentation whatever, and wherever, your needs may be. Throughseminars, meetings and electronic networking, the members ofthe Product Practice Group communicate with one another to stayabreast of technological advances and changes of law in all areasrelating to product liability.

We are trial lawyers, not just litigators. Our attorneys are skilled atearly case evaluation and are dedicated to finding creative andcost-effective solutions to complex issues and to look for alterna-tive methods for dispute resolution when appropriate. We repre-sent regionally, nationally and internationally basedmanufacturers, distributors and retailers of all sizes. Clients fromaround the world rely upon us to get the job done.

WHY CHOOSE USLAW PRODUCT LIABILITY FIRMS?

USLAW Product Liability Practice Group®

About USLAW®

2001. The Start of Something Better.

Mega-firms...big, impersonal bastions of

legal tradition, encumbered by bureaucracy

and often slow to react. The need for an al-

ternative was obvious. A vision of a network

of smaller, regionally based, independent

firms with the capability to respond

quickly, efficiently and economically to

client needs from Atlantic City to Pacific

Grove was born. In its infancy, it was little

more than a possibility, discussed around a

small table and dreamed about by a hand-

ful of visionaries. But the idea proved too

good to leave on the drawing board.

Instead, with the support of some of the

country's brightest legal minds, USLAW

NETWORK became a reality.

Fast-forward to today.The commitment remains the same as originally envisioned. To provide the high-est quality legal representation and seam-less cross-jurisdictional service to majorcorporations, insurance carriers, and toboth large and small businesses alike,through a network of professional, innova-tive law firms dedicated to their client'slegal success. Now as a network with morethan 6,000 attorneys from nearly 100 inde-pendent, full practice firms with roots incivil litigation, spanning the United States,Canada, Latin America, Europe, Asia andAfrica, USLAW NETWORK remains a re-sponsive, agile legal alternative to themega-firms.

Homefield Advantage.USLAW NETWORK offers what it calls TheHomefield Advantage which comes fromknowing and understanding the venue in away that allows a competitive advantage – atruism in both sports and business.Jurisdictional awareness is a key ingredientto successfully operating throughout theUnited States and abroad. Knowing thelocal rules, the judge, and the local busi-ness and legal environment provides ourfirms’ clients this advantage. The strengthand power of an international presencecombined with the understanding of a re-spected local firm makes for a winningline-up.

A Legal Network for Purchasers ofLegal Services.USLAW NETWORK firms go way beyondproviding quality legal services to theirclients. Unlike other legal networks,USLAW is organized around client expecta-tions, not around the member law firms.Clients receive ongoing educational oppor-tunities, online resources including webi-nars, jurisdictional updates, and resourcelibraries. We also provide a semi-annualUSLAW Magazine, USLAW DigiKnow,which features insights into today’s trend-ing legal topics, compendiums of law, aswell as annual membership and practicegroup directories. To ensure our goals arethe same as the clients our member firmsserve, our 45-member Client LeadershipCouncil is directly involved in the develop-ment of our programs and services. Thiscommunication pipeline is vital to our suc-cess and allows us to better monitor andmeet client needs and expectations.

USLAW Abroad.Just as legal issues seldom follow state bor-ders, they often extend beyond U.S. bound-aries as well. In 2007, USLAW established arelationship with the Trans-European LawFirms Alliance (TELFA), a network of 25 in-dependent law firms representing morethan 700 lawyers through Europe.Subsequently, in 2010 we entered a similaraffiliation with the ALN (formerly the AfricaLegal Network) to further our service andreach. Additionally, USLAW member firmsare located throughout Canada, LatinAmerica, and Asia.

How USLAW NETWORKMembership is Determined.Firms are admitted to the Network by invi-tation only and only after they are fully vet-ted through a rigorous review process.Many firms have been reviewed over theyears, but only a small percentage wereeventually invited to join. The search forquality member firms is a continuous andongoing effort. Firms admitted must pos-sess broad commercial legal capabilitiesand have substantial litigation and trial ex-perience. In addition, USLAW NETWORKmembers must subscribe to a high level ofservice standards and are continuouslyevaluated to ensure these standards ofquality and expertise are met.

USLAW in Review.• All vetted firms with demonstrated, ro-

bust practices and specialties• Efficient use of legal budgets, provid-

ing maximum return on legal servicesinvestments

• Seamless, cross-jurisdictional service• Responsive and flexible• Multitude of educational opportuni-

ties and online resources• Team approach to legal services

The USLAW Success Story.The reality of our success is simple: we suc-ceed because our member firms' clientssucceed. Our member firms provide high-quality legal results through the efficientuse of legal budgets. We provide cross-juris-dictional services eliminating the time andexpense of securing adequate representa-tion in different regions. We provide trustedand experienced specialists quickly.

When a difficult legal matter emerges –whether it’s in a single jurisdiction, nation-wide or internationally – USLAW is there.Success.

For more information, please contact RogerM. Yaffe, USLAW CEO, at (800) 231-9110 [email protected]

®

About USLAW: Your Homefield Advantage®

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IndicatesMemberPrimary OfficeLocation

IndicatesMemberSatellite OfficeLocation

SOUTHAMERICA

ALABAMACarr AllisonGlenn E. Ireland ...............................................1Lea Richmond IV .............................................2

ALASKARichmond & QuinnKenneth M. Gutsch ..........................................3

ARIZONAJones, Skelton & Hochuli, P.L.C.Edward G. Hochuli ..........................................4

ARKANSASQuattlebaum, Grooms & Tull PLLCSteven W. Quattlebaum...................................5John E. Tull III ..................................................6Thomas G. Williams ........................................7

CALIFORNIADillingham & Murphy, LLPPatrick J. Hagan ...............................................8Jack C. Henning ...............................................9

Klinedinst PCKevin L. Gramling .........................................10Mark H.Nys.....................................................11Ernest L. Weiss ...............................................12

Murchison & Cumming, LLPRichard C. Moreno.........................................13Friedrich W. Seitz ...........................................14

Snyder Law, LLPBarry Clifford Snyder ....................................15

COLORADOLewis Roca Rothgerber LLPMichael D. Plachy ..........................................16

FLORIDAWicker Smith O’Hara McCoy & Ford P.A.Richards H. Ford ............................................17Steven Y. Leinicke...........................................18Jackson F. McCoy ...........................................19

GEORGIAHall Booth Smith, P.C.James B. Durham...........................................20Michael S. Meyer von Bremen......................21Robert L. Shannon, Jr. ...................................22

HAWAIIGoodsill Anderson Quinn & Stifel, LLPThomas Benedict...........................................23Corlis J. Chang ...............................................24Dawn T. Sugihara...........................................25

ILLINOISSmithAmundsen LLCLew R.C. Bricker ............................................26Michael J. McGowan......................................27

INDIANABingham Greenebaum Doll LLPPhil L. Isenbarger...........................................28

IOWASimmons Perrine Moyer Bergman PLCRobert S. Hatala ............................................29Philip A. Burian .............................................30

KANSAS | WESTERN MISSOURIDysart Taylor Cotter McMonigle & Montemore, PCRobert W. Cotter.............................................31

KENTUCKYBingham Greenebaum Doll LLPMelissa Norman Bork ...................................32

LOUISIANAMcCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch LLCKeith W. McDaniel .........................................33Lance B. Williams ..........................................34

MAINERichardson, Whitman, Large & Badger Wendell G. Large ............................................35John S. Whitman ............................................36

MARYLANDFranklin & Prokopik, PCAmi C. Dwyer..................................................37

MINNESOTALarson • King, LLPMark A. Solheim.............................................38Daniel C. Adams ............................................39Anthony J. Novak ...........................................40

MISSISSIPPICarr AllisonDouglas Bagwell ............................................41

Copeland, Cook, Taylor & Bush, P.A.Michael W. Baxter ..........................................42

MISSOURILashly & Baer, P.C.Stephen L. Beimdiek .....................................43

MONTANADavis, Hatley, Haffeman & Tighe, P.C.Maxon R. Davis ..............................................44

NEBRASKABaird Holm LLPJill Robb Ackerman........................................45Jennifer D. Tricker..........................................46

NEVADAThorndal Armstrong Delk Balkenbush & EisingerBrian K. Terry .................................................47Michael P. Lowry ............................................48Kenneth R. Lund ............................................49

TABLE of CONTENTS®

NEW MEXICOModrall SperlingJennifer G. Anderson .....................................50Timothy C. Holm ...........................................51Alex C. Walker.................................................52

NEW YORKAhmuty, Demers & McManusVincent S. Ambrosino ...................................53Robert J. Hindman.........................................54

Goldberg Segalla LLPKenneth M. Alweis .........................................55John P. Freedenberg.......................................56Neil A. Goldberg .............................................57

Traub Lieberman Straus & Shrewsberry LLPStephen D. Straus ..........................................58Gerard Benvenuto .........................................59Chang Sik Kim ...............................................60

NORTH CAROLINAPoyner Spruill LLPRandall R. Adams...........................................61Steven B. Epstein ...........................................62

NORTH DAKOTAEbeltoft . Sickler . Lawyers PLLC

Paul F. Ebeltoft ...............................................63

OHIORoetzel & AndressRonald B. Lee .................................................64Moira H. Pietrowski.......................................65

OKLAHOMAPierce Couch Hendrickson Baysinger & Green, L.L.P.Gerald P. Green...............................................66Daniel J. Hoehner ..........................................67

OREGONWilliams KastnerMarc M. Carlton .............................................68George S. Pitcher ...........................................69

PENNSYLVANIAPicadio Sneath Miller & Norton, P.C.Henry M. Sneath ............................................70Kelly A. Williams ............................................71

Pion, Nerone, Girman, Winslow & Smith, P.C.Timothy Smith ...............................................72

Sweeney & Sheehan, P.C.J. Michael Kunsch ..........................................73Warren E. Voter ..............................................75

SOUTH CAROLINASweeny, Wingate & Barrow, P.A.Mark S. Barrow...............................................75

SOUTH DAKOTARiter, Rogers, Wattier & Northrup, LLPRobert C. Riter................................................76

TENNESSEEMartin, Tate, Morrow & Marston, P.C.Lee L. Piovarcy ...............................................77Shea Sisk Wellford .........................................78

TEXASCox Smith Matthews IncorporatedJane E. Bockus................................................79

Fee, Smith, Sharp & Vitullo, L.L.P.Thomas W. Fee ...............................................80Michael P. Sharp.............................................81

Johnson, Trent, West & Taylor, L.L.P.Brian P. Johnson.............................................82T. Christopher Trent ......................................83

UTAHStrong & Hanni, PCPaul M. Belnap ...............................................84Michael J. Miller.............................................85Stephen J. Trayner .........................................86

VIRGINIALeClairRyanCharles K. Seyfarth ........................................87H. Robert Yates III ..........................................88

WASHINGTONWilliams KastnerRobert (Bob) C. Manlowe .............................89Rodney L. Umberger .....................................90

WISCONSINAxley Brynelson, LLP Paul D. Curtis .................................................91

WYOMINGWilliams, Porter, Day & Neville PCJason A Neville ...............................................92

InternationalCANADA – ALBERTAParlee McLaws LLPKimberley Bufton ..........................................93Jerri L. Cairns .................................................94Gregory W. Jaycock ........................................95

CANADA – ONTARIOKelly Santini LLPMark Gallagher ..............................................96

CANADA – QUEBECTherrien Couture Lawyers L.L.P.Philippe Chagnon..........................................97Jean-Luc Couture...........................................98

USLAW SOURCEBOOK................................99

USLAW CORPORATE PARTNERS.............105

TABLE of CONTENTS®

• 1990, J.D., Cumberland School of Law, Samford University• 1985, B.S., History, Presbyterian College

Education

• Defended international pharmaceutical and medical provider company in a wrongful death case in federal court inAlabama. Client was dismissed, with prejudice, on a Motion for Judgment on the Pleadings.

• Defended a national plumbing component manufacturer and distributor in a commercial case filed in state court ofAlabama. Client was dismissed via summary judgment.

• Defended a distributor of cigarette lighter in a wrongful death case of a toddler, who died as a result of a house fire.Plaintiffs voluntarily dismissed the client upon completion of Plaintiffs’ depositions.

Representative Trials

Glenn Ireland has been involved in defending manufacturers and distributors of industrial, commercial, retail and pharma-ceutical products for over 25 years in the state and federal courts of Alabama. Approximately 25% of his practice is devoted todefense of product liability litigation.

Biography and Experience

• Agricultural Equipment • Automobiles • Building and Construction

Equipment • Chemicals, Solvents and Plastics • Construction Products, Vehicles and

Equipment • Consumer Products, Appliances,

Equipment and Goods

• Cosmetics • Electrical Equipment and Devices • Firearms • Food Products • Furniture • Hand Tools • Industrial Machinery • Medical Devices and Supplies

• Mining Equipment • Pharmaceuticals, Prescription

Drugs and Over-the-CounterMedications

• Power Tools • Swimming Pools • Tires • Toys and Children’s Products

Product Experience

Glenn E. IrelandCarr Allison100 Vestavia ParkwayBirmingham, AL 35216(205) 949-2948 Office(205) 822-2057 [email protected]

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ALABAMACarr Allison

• 2002, J.D., Cumberland School of Law, Samford University, cum laude, Curia Honoris• 1998, B.S., University of the South, Sewanee, Tennessee

Education

• Lea Richmond successfully resolved a complex, design defect claim against a manufacturer of an asphalt mixer. The casefocused on a hydraulic Salmi valve patented by the designer/manufacturer. The opposing experts claimed that the valvefailed as a reliable safety mechanism. The defense established that no other feasible alternative design existed that wouldnot interfere with the utility of the mixer.


Lea Richmond has represented manufacturers and distributors under the Alabama Extended Manufacturers Liability Doctrine(product liability litigation) in state and federal courts throughout Alabama for the last twelve years. He has defended manu-facturing and design defect claims for an array of products, with an emphasis on heavy industrial equipment, LP Gas deliverysystems, food products, and alcohol/distilled spirits. Approximately 20% of his practice is devoted to product liability defense.


• Alcohol and Distilled Spirits • Building and Construction

Equipment

• Construction Products, Vehicles andEquipment

• Consumer Products, Appliances,Equipment and Goods

• Food Products • Industrial Machinery • Tanks and Containers

Product Experience

Lea Richmond IVCarr Allison100 Vestavia ParkwayBirmingham, AL 35216(205) 949-2919 Office(205) 822-2057 Fax(205) 612-7178 [email protected] www.carrallison.com

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ALABAMACarr Allison

• 1988, University of Illinois School of Law, Law Review• 1982, B.A., Knox College

Education

In the last five years, Mr. Gutsch has defended and successfully resolved the defective design and manufacturing claims in-volving the following products: chair failure (cervical and lumbar fusions); toy jewelry kit (partial blindness); children’s inflat-able playground (broken leg); toddler bed spindles (compartment syndrome); swage press (hand amputation); seatbelt failure(paralysis); vehicle lift (back injury); escalator (back injury); therapeutic water fall (house fire); lamp (house fire); elastic exer-cise band (partial blindness); tire explosion (head injury); ATV winch (house fire); MRI contrast agent (terminal liver disease).


Over the last 26 years, Mr. Gutsch has worked on over 40 product liability cases. It comprises about 20% of his practice. Mr.Gutsch has attended at least 10 product liability seminars.


• Aircraft (Private and Commercial) • Automobiles • Construction Products, Vehicles and


Equipment and Goods

• Electrical Equipment and Devices • Furniture • Industrial Machinery • Motorcycles and Recreational

Vehicles • Recreational Equipment

• Roofing Systems • Tires • Toys and Children’s Products • Trucks and Commercial

Transportation

Product Experience

Kenneth M. GutschRichmond & Quinn360 K Street, Suite 200Anchorage, AK 99501(907) 276-5727 Office(907) 276-2953 Fax(907) 444-7230 Cellkgutsch@richmond

quinn.comwww.richmond quinn.com

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ALASKARichmond & Quinn

• 1976, J.D., University of Arizona College of Law, with distinction• 1972, B.A., University of Texas, El Paso, Texas, with honors

Education

• Mr. Hochuli has tried more than 25 product liability cases to verdict. They have included such products as hand powertools (user cut off his own hand, and the allegations were that there was not proper guarding or kick-back protection), bi-cycle (front fork failed causing the rider to go over the handlebars and land face first at a high rate of speed), electric spaceheater (the fail safe protection allegedly failed and caused a house to burn down), conveyer belt (the emergency stop bot-tom allegedly failed, and the user lost his arm), punch press (the guarding was allegedly insufficient, and the user lost anarm), forklift (the guarding was allegedly defective and the user lost a foot).


Mr. Hochuli initially started doing products liability work more than 20 years ago, and he currently devotes roughly 50% of hispractice to the defense of product liability cases. He has defended many cases directly for the manufacturer or distributor of aproduct, and many cases in which he has been hired by the liability insurance company for said companies. Mr. Hochuli hasbeen the USLAW practice group leader for the products liability practice group for several years and continues to be part of theproducts leadership team.


• Mr. Hochuli has frequently spoken at seminars for products manufacturers, insurance carriers, and attorneys defendingproducts cases. They include seminars for medical device manufacturers, power tool manufacturers, electrical appliancemanufacturers, and several USLAW programs presented to clients and attorneys in the products liability practice group.

Representative Seminars

• Agricultural Equipment • Asbestos • Automobiles • Beverage Containers • Building and Construction



Equipment and Goods • Cosmetics • Electrical Equipment and Devices • Firearms

• Fire Sprinklers and Fire ProtectionDevices

• Flooring Systems • Food Products • Hand Tools • Industrial Machinery • Ladders • Lawn Mowers and Outdoor Power

Equipment • Lifting Equipment • Medical Devices and Supplies • Motorcycles and Recreational

Vehicles

• Pharmaceuticals, PrescriptionDrugs and Over-the-CounterMedications

• Power Tools • Recreational Equipment • Roofing Systems • Swimming Pools • Tanks and Containers • Tires • Toys and Children’s Products • Trucks and Commercial

Transportation • Windows

Product Experience

Edward G. HochuliJones, Skelton &

Hochuli, P.L.C.2901 North Central AvenueSuite 800Phoenix, AZ 85226Phone: (602)263-1719Fax: (602) 200-7812Cell: (602) [email protected]

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ARIZONAJones, Skelton & Hochuli, P.L.C.

• 1983, J.D., University of Arkansas School of Law• 1981, B.A., Western State College of Colorado

Education

• Ron Calloway v. Lincoln Electric Company, et al.; Circuit Court of Union County, Arkansas. Noah Andre, et al. v. A. O. Smith Corporation, et al.; Civil District Court for the Parish of Orleans, State of Louisiana. David Barras v. A. O. Smith Corporation, et al.; Civil District Court for the Parish of Orleans, State of Louisiana. Defenseverdicts for manufacturers of welding products against claims that manganese from welding fumes caused neurologicalinjuries.

• Mary E. Green, et al. v. George’s Farms, Inc., et al.; Circuit Court of Washington County, Arkansas. Defense verdict in a toxic-tort trial in which the plaintiff claimed that arsenic used by poultry companies caused leukemia. The Arkansas SupremeCourt affirmed the jury verdict in favor of the defense.

• Patrica Crews v. Charles Toney, Administrator of the Estate of Jessie Toney, Deceased: and Mercedes-Benz of North America,Inc., Circuit Court of Pulaski County, Arkansas. Defense verdict for Mercedes-Benz of North America, Inc. in this case re-garding an allegedly defective air bag.


Mr. Quattlebaum has served as lead trial counsel in over 100 trials, including the defense of: welding consumable manufacturersin numerous cases around the country, herbicide manufacturers, automobile manufacturers, pharmaceutical and medical de-vice manufacturers, and consumer and industrial equipment manufacturers. These cases included claims alleging various per-sonal injuries ranging from cancer and neurological injury to traumatic loss of limbs, paralysis and death. Some involved claimsof crop loss, property damage, environmental contamination and nuisance.

Mr. Quattlebaum is a member of the Product Liability Advisory Council and listed by Who’s Who Legal in the areas ofEnvironmental, Commercial Litigation, and Products Liability Defense. Mr. Quattlebaum was selected as a member of theLawdragon 500 Leading Lawyers in America for four years. He has been named one of the leading business litigation lawyersin Arkansas by Chambers USA’s Guide to America’s Leading Lawyers for Business since 2003 and Super Lawyers since 2006. Mr.Quattlebaum has been listed in The Best Lawyers in America® since 2001 and is currently recognized in the areas of CommercialLitigation, Bet-the-Company Litigation, Insurance Law, Mass Tort Litigation/Class Actions – Defendants, Personal InjuryLitigation – Defendants, Product Liability Litigation – Defendants, and was named Best Lawyers’ 2013 Little Rock Bet-the-Company Litigation Lawyer of the Year, 2014 Little Rock Mass Tort Litigation/Class Actions – Defendants Lawyer of the Year, and2015 Little Rock Personal Injury – Defendants Lawyer of the Year. He is also recognized as a Local Litigation Star for Arkansasin Benchmark Litigation, named one of the top 50 lawyers in Arkansas by Super Lawyers, and recognized by Chambers USA'sGuide to America’s Leading Lawyers for Business for Environmental Litigation.

Mr. Quattlebaum is a fellow of the International Academy of Trial Lawyers, a member and national board representative ofthe American Board of Trial Advocates, and a member of the International Association of Defense Council and the DefenseResearch Institute.


• Agricultural Equipment • Aircraft (Private and Commercial) • Asbestos • Automobiles • Beverage Containers • Breast Implants • Chemicals, Solvents and Plastics


• Food Products • Herbicides and Pesticides • Industrial Machinery • Lawn Movers and Outdoor Power

Equipment

• Medical Devices and Supplies • Pharmaceuticals, Prescription


• Power Tools • Respiratory Protective Equipment

and Safety Devices

Product Experience

Steven W.QuattlebaumQuattlebaum, Grooms &

Tull PLLC111 Center StreetSuite 1900Little Rock, AR 72201(501) 379-1707 Office(501) 379-3807 Fax(501) 920-8103 [email protected]

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ARKANSASQuattlebaum, Grooms & Tull PLLC

• 1984, J.D., University of Arkansas School of Law, with high honors• 1980, B.A., Vanderbilt University

Education

In over 100 jury trials, Mr. Tull has served as lead counsel on behalf of large and small businesses and individuals in cases in-volving business torts, breach of contract, product liability, toxic torts, environmental litigation, securities fraud, franchise dis-putes, trade secrets, personal injury, First Amendment, and other matters. Since his admission to practice in 1984, Mr. Tull hasdevoted a significant portion of his practice to various product liability matters including the defense of manufacturers of weld-ing consumables in numerous actions involving claims of neurological injury from exposure to welding fumes; the defense ofmajor herbicide manufacturers in a number of cases including claims of personal injury and crop damage resulting from al-legedly excessive drift propensity of a herbicide; the defense of numerous agricultural aviation services including claims ofnegligence and breach of warranty; the defense of numerous industrial and agricultural equipment manufacturers and sup-pliers in cases involving economic loss or traumatic injuries.

Mr. Tull has been named one of the leading business litigation lawyers in Arkansas by Chambers USA’s Guide to America’sLeading Lawyers for Business since 2004 and Super Lawyers since 2006. He is listed in The Best Lawyers in America® in the areasof Bet-the-Company Litigation, Commercial Litigation, Litigation – Banking & Finance, Litigation – First Amendment, Mass TortLitigation/Class Actions – Defendants, Media Law, Personal Injury Litigation – Defendants, Product Liability Litigation –Defendants, Product Liability Litigation – Plaintiffs, and was named Best Lawyers’ 2012 Little Rock Litigation – Banking &Finance Lawyer of the Year and 2014 Little Rock Litigation – First Amendment Lawyer of the Year. Mr. Tull is recognized as oneof the top 50 lawyers in Arkansas by Super Lawyers and listed as a Local Litigation Star for Arkansas in Benchmark Litigation.

Mr. Tull is a Fellow in the American College of Trial Lawyers and a member of the American Board of Trial Advocates, theInternational Association of Defense Counsel, and the Defense Research Institute.


• Agricultural Equipment • Aircraft (Private and Commercial) • Asbestos • Automobiles • Chemicals, Solvents and Plastics • Construction Products, Vehicles and


Equipment and Goods

• Electrical Equipment and Devices • Herbicides and Pesticides • Industrial Machinery • Lifting Equipment • Medical Devices and Supplies• Motorcycles and Recreational

Vehicles


• Scaffolding • Swimming Pools • Tanks and Containers • Tires • Tobacco Products

Product Experience

John E. Tull IIIQuattlebaum, Grooms &


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• Ron Calloway v. Lincoln Electric Company, et al.; Circuit Court of Union County, Arkansas. Noah Andre, et al. v. A. O. Smith Corporation, et al.; Civil District Court for the Parish of Orleans, State of Louisiana. David Barras v. A. O. Smith Corporation, et al.; Civil District Court for the Parish of Orleans, State of Louisiana. Defenseverdicts for manufacturers of welding products against claims that manganese from welding fumes caused neurologicalinjuries.

• R. Gail Burns, et al. v. Universal Crop Protection Alliance, Nufarm Americas, Inc., et al.; Circuit Court of Clay County,Arkansas. Defense verdict for two pesticide-formulator clients in a four-week trial alleging crop damage due to wide-spread pesticide drift. Plaintiffs sought more than $4 million in compensatory damages for claims based on allegations ofnegligence and strict liability. Punitive damages were dismissed on directed verdict by the court.


• 1988, J.D., University of Arkansas School of Law, with high honors• 1985, B.S., University of Arkansas at Fayetteville

Education

• Based on the ever-increasing popularity of mediation and the fact that many jurisdictions in Arkansas require it, everyproduct liability case Mr. Williams has handled over the last ten years has been dismissed or resolved through mediation.


Mr. Williams has practiced law since 1988 and is a Managing Member of Quattlebaum, Grooms & Tull PLLC. His practice focusesprimarily upon the defense of personal injury, wrongful death, and large to catastrophic property damage claims in the areasof products liability, trucking and transportation, and premises liability, with approximately sixty percent (60%) of his practicefocusing on products liability disputes. Mr. Williams has represented a variety of clients in such matters including numerousnationwide retailers, product manufacturers, and transportation companies. Mr. Williams has extensive experience in bothstate and federal court and he has served as lead counsel in over sixty jury trials. Mr. Williams is listed in The Best Lawyers inAmerica® in the area of Product Liability Litigation – Defendants and Personal Injury Litigation – Defendants.



• Electrical Equipment and Devices • Electrical Wire and Cable


• Industrial Machinery • Lifting Equipment

• Motorcycles and RecreationalVehicles

• Trucks and CommercialTransportation

Product Experience

Thomas G. WilliamsQuattlebaum, Grooms &


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• 1975, J.D., Hastings College of Law, U.C.S.F.• 1969, M.B.A. (not completed), American University• 1965, B.S., St. Joseph’s University,

Education

No product trials in the last 10 years, but: • Lockheed Martin Corp. v. RFI Supply Inc., 440 F-3d 549 (1st Cir. 2006), argued to 1st Circuit and prevailed on an underlying

summary judgment dismissal based on contract, not allowing tort recovery for an economic loss claim (many citations tothis seminal case).

• Defended machine manufacturer for traumatic amputation of an arm and able to obtain dismissal without payment byproving the client was not the refurbisher of the offending machine.

• Defended injection molding company in a product based construction defect case which settled for approximately $20million by proving the client was not the manufacturer of the allegedly defective plastic piping which was the primarycause of the damage.


Pat Hagan has defended product liability matters for an array of manufacturers. He has tried five cases to verdict with four de-fense results and one dismissal without payment while on appeal. For approximately 15 years, 1987-2002, almost 100% of hispractice was the defense of various construction products, fluid movement devices (e.g., pumps, fittings, and piping) and in-dustrial equipment involving bodily injury, wrongful death, property damage and government regulatory work, including ap-pearances before various agencies of the State of California, the U.S. Environmental Protection Agency, the U.S. Coast Guard,and other state agencies. Mr. Hagan has been elected a Super Lawyer in this practice area multiple times.


• Numerous speaking engagements for DRI, FDCC and USLAW on various aspects of product liability for more than 20 years• Keynote speaker, Grey’s Inn, London , to Lloyds’ retrocessionaires – presentation seeking support for creation of Equitas

and reconstitution of Lloyds, May 1995


• “Punitive Damages: California Model Applying Gore and State Farm,” Federation of Insurance & Corporate CounselQuarterly, Spring 2004

• “Blueprint For General Causation Analysis In Toxic Tort Litigation,” Federation of Insurance & Corporate CounselQuarterly, Fall 2003

• “State Variations on the Daubert Theme,” Federation of Insurance & Corporate Counsel Quarterly, Fall 2000• “Gatekeeping and the Admissibility of Scientific Evidence in the Post Daubert/Joiner/Kumho Tire World,” Federation of

Insurance & Corporate Counsel Quarterly, Summer 1999, FDCC Article of the Year Award

Representative Articles

• Asbestos • Automobiles • Beverage Containers • Boats and Ships (Commercial and

Pleasure) • Building and Construction



Equipment and Goods • Electrical Equipment and Devices • Electrical Wire and Cable • Firearms


• Food Products • Hand Tools • Industrial Machinery • Ladders • Lawn Mowers and Outdoor Power


Vehicles • Pharmaceuticals, Prescription


• Power Tools • Recreational Equipment • Respiratory Protective Equipment

and Safety Devices • Roofing Systems • Scaffolding • Swimming Pools • Toys and Children’s Products • Tobacco Products • Trucks and Commercial


Product Experience

Patrick J. HaganDillingham & Murphy, LLP601 California Street19th FloorSan Francisco, CA 94108(415) 397-2700 Office(415) 397-3300 Fax(415) 317-3377 Cell(415) 461-5450 [email protected]

murphy.com

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CALIFORNIADillingham & Murphy, LLP

• 1987, J.D., University of Oregon; Moot Court Team; Journal of Environmental Law and Litigation• 1984, B.S., Southern Illinois University; magna cum laude

Education

• Mr. Henning has taken multiple product liability trials to verdict in California, with all of the trials resulting in defense ver-dicts for his clients. All of the cases involved plaintiffs claiming serious bodily injury or wrongful death allegedly as the re-sult of products manufactured by Mr. Henning’s clients.


Jack C. Henning defends product liability cases on behalf of self-insured corporations as well as the insureds of regional andnational liability insurers. For over twenty years he has defended product manufacturers, distributors, and retailers in federaland state court throughout California. Jack is an AV Preeminent Peer Rated attorney, having achieved Martindale Hubbell’shighest rating for legal ability and ethical standards.


• Agricultural Equipment • Alcohol and Distilled Spirits • Asbestos • Automobiles • Building and Construction



Equipment and Goods

• Electrical Wire and Cable • Fire Sprinklers and Fire Protection

Devices • Flooring Systems • Food Products • Furniture • Hand Tools • Industrial Machinery • Lawn Mowers and Outdoor Power

Equipment


• Power Tools • Recreational Equipment • Roofing Systems • Scaffolding • Swimming Pools • Tanks and Containers • Toys and Children’s Products • Trucks and Commercial

Transportation

Product Experience

Jack C. HenningDillingham & Murphy, LLP601 California Street19th FloorSan Francisco, CA 94108(415) 397-2700 Office(415) 397-3300 Fax(415) 225-0401 [email protected]

murphy.com

9®

CALIFORNIADillingham & Murphy, LLP

• 1997, J.D., California Western School of Law • 1988, B.A., Villanova University

Education

• Defense Verdict. Represented manufactured home manufacturer. Plaintiff and grandson alleged personal injury due toproduct failure.

• Successfully defended manufacturer of sheet metal tube and crimp rolling machine. Plaintiff’s injuries included amputa-tion of two fingers and de-gloving.

• Successfully defended welded wire fabric machine manufacturer. Plaintiff had four fingers chopped off by machine blade.Court sustained demurrer to First Amended Complaint.


Kevin J. Gramling, the managing shareholder at the firm’s Orange County office, has extensive experience defending productliability, premises liability, mold and indoor air quality, environmental, transportation, and construction defect claims. He hassuccessfully represented product manufacturers, retailers, importers and distributors in multi-million dollar product liabilityand premises liability suits. Kevin Gramling is an AV ® Preeminent™ Peer Rated attorney, having achieved Martindale Hubbell’shighest rating for legal ability and ethical standards.


• Panelist, “Dealing with the Litigation Wild Card – Punitive Damage Claims,” USLAW Spring Conference, March 2009.


• Building and ConstructionEquipment



• Electrical Wire and Cable • Flooring Systems • Food Products

• Industrial Machinery • Roofing Systems • Scaffolding • Swimming Pools • Tanks and Containers

Product Experience

Kevin L. Gramling Klinedinst PC 5 Hutton Centre DriveSuite 1000Santa Ana, CA 92707(714) 542-1800 Office(714) 542-3592 Fax(714) 315-7450 Cellkgramling@klinedinst

law.comwww.klinedinstlaw.com

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CALIFORNIAKlinedinst PC

• 1997, J.D., California Western School of Law• 1985, B.A., Claremont McKenna College, cum laude• University of California at Irvine (Graduate Certificate in Hazardous Materials Management)

Education

Mark H. Nys is a shareholder in the San Diego office of Klinedinst PC. He practices in all state and federal courts in California,as well as before the U.S. Patent and Trademark Office in Washington, D.C. A practicing attorney for over 16 years, Mr. Nys en-tered the legal profession with a science background and twenty years of service as a commander in the United States Navy. Overthe course of this legal career, he has successfully defended large international manufacturers of recreational vehicles andchemicals, large national and regional manufacturers of boats, regional automobile dealerships, and large international con-struction companies. He has extensive experience handling product liability and class action litigation, wrongful death, ex-posure cases, including asbestos and silica, and catastrophic injury.


• Automobiles • Boats and Ships (Commercial and



Equipment


• Electrical Equipment and Devices • Electrical Wire and Cable • Fire Sprinklers and Fire Protection

Devices • Flooring Systems • Industrial Machinery


• Recreational Equipment • Roofing Systems • Swimming Pools • Tires • Windows

Product Experience

Mark H. Nys Klinedinst PC501 W. Broadway Suite 600San Diego, CA 92101(619) 239-8131 Office(619) 238-8707 Fax(619) 889-9635 [email protected]

11®


• 1983, J.D., McGeorge School of Law, University of the Pacific • 1979, B.S., Santa Clara University

Education

• USAA/Symms v. Fluidmaster: Plaintiffs alleged a defectively designed water connector failed which resulted in propertydamages in excess of $1m. Mr. Weiss represented the product designer and manufacturer of the connector; defense ver-dict as to liability.

• Andrews v. Caterpillar Tractor Company: Plaintiff’s heirs alleged defective design due to lack of back up alarm, with gradechecker struck and killed by backing tractor. Mr. Weiss represented tractor distributor and installer of back up alarms; casesettled favorably on fourth day of trial.

• Taylor v. National Lumber Company: Plaintiff alleged defective design and manufacture of aluminum ladder (strut andrivet system) resulted in failure of ladder and catastrophic injury to plaintiff (including multiple level spinal fusion). Mr.Weiss represented U.S. distributor as to design and manufacture; defense verdict as to liability.

• Mack v. River Ranch, Pat & Oscar’s et.al.: Plaintiff claimed that he contracted Thrombotic Thrombocytopenic Purpura(TTP) as a result of ingesting e-coli contaminated lettuce. Mr. Weiss represented regional restaurant chain re: all issues ofe-coli initiation and alleged injury; case settled favorably after first day of trial.


Mr. Weiss represents national and local businesses that design, manufacture and distribute a wide array of commercial, in-dustrial and consumer products. Since joining Klinedinst PC in 2006, and previously as Senior Trial Counsel with a nationalcommercial liability insurance carrier, Mr. Weiss has successfully defended these businesses in both personal injury/wrongfuldeath settings, as well as subrogation cases. He has succeeded in obtaining jury verdicts in a wide array of commercial cases,including products liability disputes involving consumer and commercial products. Mr. Weiss is an AV® Preeminent™ PeerReview Rated attorney, having achieved Martindale Hubbell’s highest rating for legal ability and ethical standards.


• “Evaluation of Personal Injury/Product Liability Suit,” Council on Litigation Management, Los Angeles, 2010


• Agricultural Equipment • Alcohol and Distilled Spirits • Automobiles • Chemicals, Solvents and Plastics • Electrical Wire and Cable • Fire Sprinklers and Fire Protection

Devices • Food Products

• Furniture • Industrial Machinery • Ladders • Lifting Equipment • Medical Devices and Supplies • Motorcycles and Recreational

Vehicles • Power Tools

• Recreational Equipment • Roofing Systems • Scaffolding • Tanks and Containers • Toys and Children’s Products • Trucks and Commercial

Transportation

Product Experience

Ernest L. Weiss Klinedinst PC5 Hutton Centre DriveSuite 1000Santa Ana, CA 92707(714) 542-1800 Office(714) 542-3592 Fax(714) 401-0478 [email protected]

12®


• 1997 J.D., Whittier Law School• 1994, B.A., University of Southern California, Los Angeles

Education

• Mr. Moreno has tried more than 20 product liability cases to verdict. Some of those cases include products such as gymequipment (user injures his neck on a Smith machine rendering him a quadriplegic), class 8 tractor manufacturers in nu-merous ingress and egress matters as well as forklift manufacturers in cases involving catastrophic injuries, degloving andwrongful death.


Richard C. Moreno is a Senior Partner at Murchison & Cumming, LLP and serves as Co-Chair of the Product Liability practicegroup. Mr. Moreno focuses his practice in the areas of transportation, product liability, general liability, warranty liability, andthe defense of utility companies in wildland fire litigation. Mr. Moreno is AV-rated by Martindale-Hubbell. Mr. Moreno is amember of the State Bar of California and is admitted pro hac vice in Texas.


• “Sophisticated User Defense: The Evolution of a Principle,” 2010 USLAW Client Conference-Product Liability• “2013 California Case Law Update (Product Liability)” Murchison & Cumming Year in Review• “Issues that Arise Between Truck Manufacturers and Transportation Companies in a Product Liability Case” USLAW

Transportation Conference, 2006• “A Necessary Dress Rehearsal: Achieving Maximum Trial Results Through the Use of Mock Trial/Focus Groups” Murchison

& Cumming Fall Symposium, 2004


• Agricultural Equipment• Automobiles• Boats and Ships (Commercial and

Pleasure)• Building and Construction

Equipment• Construction Products, Vehicles and

Equipment• Consumer Products, Appliances,

Equipment and Goods• Electrical Equipment and Devices• Electrical Wire and Cable


• Food Products• Furniture• Hand Tools• Industrial Machinery• Ladders• Lawn Mowers and Outdoor Power

Equipment• Lifting Equipment• Mining Equipment


• Power Tools• Recreational Equipment• Scaffolding• Swimming Pools• Tanks and Containers• Tires• Toys and Children’s Products• Trucks and Commercial

Transportation• Windows

Product Experience

Richard C. MorenoMurchison & Cumming, LLP801 South Grand Avenue9th FloorLos Angeles, CA 90017(213) 630-1085 Office(213) 623-6336 Fax(310) 612-3101 Cellrmoreno@murchison

law.comwww.murchisonlaw.com

13®

CALIFORNIAMurchison & Cumming, LLP

• 1971, J.D., Southwestern University School of Law• 1965, B.A., University of Southern California

Education

• Martinez v. Taylor Machine Works, Inc. – Defense verdict involving allegations of a defective forklift design resulting in thepermanent disabling of the plaintiff. Activating a back-up alarm of the type installed on the truck in the courtroom con-vinced the jury that the plaintiff would have been alerted by the alarm, had it been connected.

• Blasdell v. Freightliner – Defense verdict involving allegations of a defective tractor, in that the upper berth was notequipped with a safety harness, resulting in plaintiff’s disabling injuries. Biomechanical testimony demonstrated that theinjuries could not have been caused by ejection from the bunk.

• Murray v. Action Sports Equipment – Defense ruling in an indemnity, apportionment of fault and declaratory relief actionbrought by Sports Supply against Action Sports Equipment in response to a suit against both companies. The initial suitinvolved allegations of a defective mini-trampoline resulting in a severe spinal cord injury.


Friedrich W. Seitz serves as the Product Liability practice group Chair for USLAW and Co-Chair for Murchison & Cumming. Hispast leadership roles include chairing the Federation of Defense and Corporate Counsel’s Product Liability Section; he is alsoa current member of the International Association of Defense Counsel’s Product Liability Committee and the Product LiabilityAdvisory Council. Mr. Seitz has over 40 years of experience in handling product liability matters for self-insured corporations,as well as the insureds of national and international liability insurers. He has represented manufacturers, distributors and re-tailers of a wide range of products, such as tools, machinery, heavy equipment, vehicles and aircraft. A specialist in defendingwildland fire litigation, he also represents public and private utilities, including Southern California Edison. Mr. Seitz has triedmore than one hundred jury trials and devotes 80% of his practice to the area.


• “Deposing Foreign Witnesses under the Hague Convention,” USLAW NETWORK Client Conference, October 2010• "Product Liability," Johanson Dielectrics Seminar, July 2009• “A Hypothetical ESI Request with Focus on Practical Tips and Strategies,” International Association of Defense and

Corporate Counsel, 2007• “Product Safety Regulation in the U.S. & Europe – Challenges for Global Manufacturers,” Joint International Conference,

May 2007


• "Navigating Discovery Abroad: Obtaining Witnesses and Materials Located Outside of the US," Los Angeles Daily Journal,August 24, 2011

• “California’s Application of Strict Products Liability to the Hybrid Enterprise,” IADC Committee Newsletter, July 2009• “Product Safety Regulation in the U.S. and Europe – Challenges for Global Manufacturers,” Australian Product Liability

Reporter, August 2007• “How to Prevent Bad Results in a Good Case: Document Discovery in the Electronic Age,” FICC Quarterly, Spring 2001


• Agricultural Equipment • Aircraft (Private and Commercial) • Asbestos • Automobiles • Beverage Containers • Boats and Ships (Commercial and

Pleasure) • Breast Implants • Building and Construction



Equipment and Goods

• Cosmetics • Electrical Equipment and Devices • Electrical Wire and Cable • Firearms • Fire Sprinklers and Fire Protection

Devices • Food Products • Hand Tools • Herbicides and Pesticides • Industrial Machinery • Ladders • Lawn Mowers and Outdoor Power

Equipment • Lifting Equipment • Medical Devices and Supplies

• Mining Equipment • Motorcycles and Recreational

Vehicles • Pharmaceuticals, Prescription


• Power Tools • Recreational Equipment • Scaffolding • Swimming Pools • Tanks and Containers • Tires • Toys and Children’s Products • Trucks and Commercial

Transportation

Product Experience

Friedrich W. SeitzMurchison & Cumming, LLP801 South Grand Avenue9th FloorLos Angeles, CA 90017(213) 630-1000 Office(213) 623-6336 Fax(213) 700-6772 [email protected]

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CALIFORNIAMurchison & Cumming, LLP

• 1974, J.D., Loyola University School of Law, Los Angeles• 1970, B.S., Bacteriology, University of California at Los Angeles

Education

• December 2005 defense verdict for microkeratome manufacturer on a matter filed in Orange County. Plaintiff claimedthat the product, used to create a flap on the patient’s cornea prior to a LASIK procedure to enhance vision, was defec-tively designed. Plaintiff claimed that the microkeratome could be and was misassembled, resulting in deep, diving cuts inplaintiff’s cornea. Plaintiff contended that he would lose his vision, require corneal implants with no guarantee of visualimprovement.

• 2003 defense verdict for a wheelchair lift manufacturer on a matter filed in Los Angeles County. Decedent, a quadriplegicPhD, backed his motorized wheelchair out of his van, falling to the ground and suffering fatal head injuries. Plaintiff wifeclaimed a defectively designed lift system, allowing it to go the ground rather than remaining at van floor height.

• 2002 defense verdict for a retailer in a matter filed in San Bernardino County. Plaintiff mother claimed she purchased a de-fectively designed hooded sweatshirt for her two year old daughter at the retailer. At a day care center, the drawstring onthe daughter’s garment caught and she hung for several minutes, resulting in severe brain damage.


Barry Snyder’s trial experience is unmatched by all but a handful of California attorneys. He has over 30 plus years of productliability experience, with cases involving catastrophic and other damages ranging from brain damage, death, and dismember-ment to long term toxic exposure. The over 140 jury trials in his career have been tried in every county in Central and SouthernCalifornia.


• Asbestos • Automobiles • Breast Implants • Building and Construction


Equipment and Goods

• Electrical Equipment and Devices • Electrical Wire and Cable • Furniture • Ladders • Medical Devices and Supplies


• Toys and Children’s Products • Trucks and Commercial

Transportation

Product Experience

Barry Clifford SnyderSnyder Law, LLP420 S. Fairview Avenue Suite 102Santa Barbara, CA 93117(805) 683-7750 Office(805) 692-2801 Fax(805) 637-8114 [email protected]

15®

CALIFORNIASnyder Law, LLP

• 1992, J.D., University of Colorado Law School; Order of the Coif; DeSouchet Trial Advocacy Award• 1988, B.S., Finance, University of Colorado

Education

• Lead trial lawyer for defense in toxic tort case brought by over 100 plaintiffs. Prevailed on summary judgment on allclaims.

• Lead trial counsel for multi-national escalator manufacturer in mass tort action resulting from an escalator in a MajorLeague Baseball stadium that malfunctioned and injured dozens of people.

• Lead regional trial counsel for automotive brake manufacturer in asbestos litigation.• Lead regional trial counsel for numerous valve manufacturers in asbestos litigation.• Obtained $22.6 million jury verdict and judgment against The Goodyear Tire & Rubber Company in the first homeowner

lawsuit brought as a result of damages caused by Entran II hose.


Michael Plachy practices in product liability and toxic tort litigation. He provides counsel in all areas of potential liability, in-cluding the design, manufacture and distribution of consumer, commercial, and industrial products. He has represented clientsin all aspects of product liability litigation, including strict liability, failure to warn, breach of express and implied warranties,negligence, consumer protection claims, component part, fraud and non-disclosure. He has advised clients and litigated claimsregarding a broad range of products – construction materials, consumer goods, food and food service and medical devices. Hehas extensive experience in litigating state and national class-action litigation on behalf of his clients. Mr. Plachy has beenlisted in the 2010-2014 editions of Colorado Super Lawyers® in the area of Business Litigation, and he earned a Top 100 Rankingin 2012. Law Week Colorado named Mr. Plachy "Lawyer of the Year" in 2008.


• Asbestos • Building and Construction

Equipment • Chemicals, Solvents and Plastics



• Cosmetics

• Medical Devices and Supplies • Recreational Equipment • Roofing Systems • Tanks and Containers

Product Experience

Michael D. PlachyLewis Roca Rothgerber LLP1200 Seventeenth StreetSuite 3000Denver, CO 80202(303) 628-9532 Office(303) 623-9222 [email protected]

16®

COLORADOLewis Roca Rothgerber LLP

• 1979, J.D., Boston University• 1976, B.A., University of Florida, with honors

Education

• Thillet v. Layish, Orange County, July 24, 2013• Pike v. Shcwartzberg, Orange County, May 13, 2013• Hysten v. Osceola, Orange County, May 21, 2012


Richards H. Ford is a Managing Partner in the firm’s Orlando office and a member of the firm’s managing committee. He hasengaged in active civil trial practice, focusing on the defense of professional and corporate institutions. He has tried over 100civil jury trials, including products liability, professional negligence, construction litigation, medical malpractice, automobileliability, transportation liability and general civil litigation cases. An AV® Preeminent™ rated attorney by Martindale-Hubbell,Mr. Ford is also a Board Certified Civil Trial Lawyer, certified with The National Board of Trial Advocacy and the Florida bar.Among several honors, Mr. Ford has been named a Florida Super Lawyers from 2006 to 2015, and has been listed among FloridaTrend’s “Legal Elite” from 2012-2015. In 2006, he was appointed to the Fellows of the American Bar Foundation, an exclusive legalorganization that limits its membership to one-third of one percent of lawyers licensed to practice in each jurisdiction.


• “Beware the Reptile: No Longer a Rare Deposition Trend,” Florida Healthcare Association Annual Conference & TradeShow, July 8, 2014

• “The Reptile Brain Canadian Chiropractic Protective Association,” Toronto, Ontario, June 7, 2014• “When Your Best Isn’t Good Enough – Decline of ‘Judgmental Immunity Defense,’” DRI Professional Liability Seminar,

New York, NY, December 13, 2013• “Status of No Injury Warranty Claims,” USLAW Fall Client Conference, October 2012• "Owe No! Beware of the Liability for Violating Consumer Protection Statutes When Collecting Fees from Former Client,"

USLAW Fall Client Conference, October 2012• “Social Networking Sites—Your Best ‘Friend’ for Investigating and Defending Claims,” Wicker Smith Claims Seminar,

Orlando, FL, June 2011• “Lion or Lamb: The Balancing Act Between Defending or Settling a Healthcare Claim,” Crittenden Medical Insurance

Conference, Naples, FL, April 2011• “Effective Use Of Medical Records & Journey Through Government ‘Neverland’,” Wicker Smith Claims Seminar, Orlando,

FL, June 2010• “The Bad Faith Set-Up: A Booby-Trap for Insurance Carriers and Defense Counsel,” USLAW Radio Podcast, November 2009


• “Who Pays for Crime? Defending the Property Owner in Negligent Security Claims,” Federation of Defense and CorporateCounsel 2011 Winter Meeting, June 2011

• Co-author: “Negligent Security in Government Subsidized Apartment Complexes,” USLAW Magazine, Fall/Winter 2010• Co-Author: “Radiologists Defense in Failure to Communicate Cases,” For the Defense Magazine, November 2007• Co-Author: “Preparing for, Taking and Defending the Expert Deposition,” Defense Research Institute Trial Manual,

September 2006• Co-Author: “Preparing Your Experts for Deposition,” Florida Defense Lawyers Association Defense Manual, August 2006• Co-Authored: Chapter 7 – “Pain and Suffering in Pediatric Neurology, Medical-Legal Aspects of Pain and Suffering,”

Lawyers & Judges Publishing Co., Inc.. 2003• Co-Authored: “On the Defense—Preparing to Defend Yourself in Court,” Chiropractic Business Journal, September 1999


• Agricultural Equipment • Aircraft (Private and Commercial) • Automobiles • Beverage Containers • Building and Construction

Equipment • Construction Products, Vehicles and

Equipment


• Firearms • Food Products • Industrial Machinery • Ladders • Lawn Mowers and Outdoor Power

Equipment



• Power Tools • Toys and Children’s Products

Product Experience

Richards H. FordWicker Smith O’Hara

McCoy & Ford P.A.Bank of America Center390 North Orange AvenueSuite 1000Orlando, FL 32801(407) 843-3939 Office(407) 649-8118 Fax(407) 257-9162 [email protected]

17®

FLORIDAWicker Smith O’Hara McCoy & Ford P.A.

• 1973, J.D., University of Miami • 1971, B.S., DePauw University

Education

• Defense verdict after two-week trial in a product liability matter involving claims of defective design of an articulatingfront end loader and insufficient warnings resulting in the alleged wrongful death of the operator during attempted product repairs.

• Defense verdict in a product liability matter wherein the disc on a hand-held concrete cutting saw shattered causing severe facial lacerations and partial loss of vision. The Plaintiff alleged defects in the design, guarding, instructions andwarnings of the saw and the disc.

• Directed Verdict after seven days of trial wherein Plaintiff alleged that defective design and inadequate warnings of an automatic pedestrian door caused the Plaintiff to be struck by the door resulting in her fall and severe back injury.

• One Beacon Professional Insurance


Steven Y. Leinicke is a partner in the Fort Lauderdale office. Over the past 40 years, Mr. Leinicke has served as lead trial coun-sel for individuals and corporations in numerous complex civil litigation suits involving general negligence, products liability,legal malpractice, fire loss litigation, medical malpractice, medical device litigation, pharmaceutical litigation, asbestos litiga-tion, construction, premises liability, automobile liability, and all aspects of insurance litigation such as professional errors andomissions coverage, policy interpretation and bad faith claims.

An AV® Preeminent™ rated attorney by Martindale-Hubbell, Mr. Leinicke serves as National Coordinating Counsel for amajor product manufacturer and as Florida statewide trial counsel for many product manufacturers. He has successfully rep-resented such clients as Team Health the YMCA, Stanley Black & Decker, Inc., Hitachi Koki USA, Ltd., Evenflo Company, Inc.,Skyjack Equipment, Inc., Navistar, Morrow Crane Company, Hanger, Inc., Goodyear Tire and Rubber, Lennox Corporation,Chubb Insurance, ProAssurance, First Professionals Insurance Company, Gulf Atlantic Legal Defense, Chubb Insurance, Chartis,Great American Insurance Company, Western Litigation, Inc., and The Redwoods Group.


• “Products Liability – From Soup to Nuts…and Bolts,” Wicker Smith Claims Seminar, Orlando, FL, June 2011• “Overview of Closed Head Injuries,” Wicker Smith Claims Seminar, Orlando, FL, June 2010• “Litigating Bad Baby Cases,” Wicker Smith Claims Seminar, Orlando, FL, June 2008• “Fighting Uphill: Florida’s Product Liability Scheme,” Wicker Smith Claims Seminar, Orlando, FL, July 2007


• Co-author: “Medical Legal Aspects of Treating Diabetic Foot Problems” Chapter in 7th Edition, The Diabetic Foot, Levinand O’Neal


• Asbestos • Automobiles • Beverage Containers • Boats and Ships (Commercial and



Equipment


• Electrical Wire and Cable • Food Products • Furniture • Hand Tools • Industrial Machinery • Ladders • Lawn Mowers and Outdoor Power

Equipment

• Lifting Equipment • Medical Devices and Supplies • Power Tools • Recreational Equipment • Scaffolding • Swimming Pools • Tires • Toys and Children’s Products • Trucks and Commercial

Transportation

Product Experience

Steven Y. LeinickeWicker Smith O’Hara

McCoy & Ford P.A.SunTrust Center515 East Las Olas BoulevardSuite 1400Fort Lauderdale, FL 33301(954) 847-4800 Phone(954) 760-9353 Fax(954) 629-2054 Cellsyleinicke@wicker

smith.com www.wickersmith.com

18®


• 1973, J.D., University of Miami• 1970, B.B.A., University of Miami

Education

• In excess of 125 trials


Jackson F. McCoy is a Managing Partner at Wicker Smith and specializes in in civil trial work focusing primarily on matters in-volving complex litigation, medical malpractice and personal injury cases. An AV® Preeminent™ rated attorney by Martindale-Hubbell, he has earned numerous accolades including being listed among the Best Lawyers in America, Florida Super Lawyersand was listed among the “Top 100” Florida Super Lawyers for achieving the highest point totals in the nomination process. Mr.McCoy was also invited to join the International Academy of Trial Lawyers, which limits its active membership to only 500Fellows from the United States and 100 Fellows from over 30 countries throughout the world; he has also been a member since2005 and on their Board of Directors since 2012. Admitted to practice in the state of Florida in 1973, Mr. McCoy is an active mem-ber in a number of professional organizations and lectures at various seminars, providing his insight on litigation preventiontechniques for the medical community.




Product Experience

Jackson F. McCoyWicker Smith O’Hara

McCoy & Ford P.A.2800 Ponce de Leon

BoulevardSuite 800Coral Gables, FL 33134(305) 448-3939 Office(305) 441-1745 [email protected]

19®


• 1983, J.D., University of Georgia School of Law• 1980, B.A., University of Georgia, cum laude

Education

• Mr. Durham represented an industrial saw manufacturer in an action involving an employee at an industrial facility whosustained a severe injury to his hand while operating an industrial saw. The manufacturer contended the blade guard hadbeen removed which constituted a substantial modification to the product as designed. The plaintiff contended that itwas foreseeable that the blade guard could be removed and there were not sufficient warnings in place on the equipment.The case was tried for five days and the jury returned a verdict for the defendant manufacturer.

• Mr. Durham represented the manufacturer of a space heater in a wrongful death action involving a fire in a mobile home.A 48-year-old man perished in the fire. There were issues regarding the origin of the fire and modifications to the spaceheater. The case was tried for six days and the jury returned a verdict in favor of Defendant.

• Mr. Durham represented a gun manufacturer in a case in which the Plaintiff alleged a faulty trigger mechanism causingthe gun to accidently discharge. The Plaintiff was shot in the foot, although he had an excellent recovery from the acci-dent. The Plaintiff had multiple issues with his retained experts and the case was ultimately tried with a jury returning averdict for the Defendant.


Over the course of 32 years of practice, Mr. Durham has been involved in various product liability litigation cases. This includesover four years of litigation and eight months of trial on the San Juan DuPont Hotel fire case. Mr. Durham representedInternational Elevators defending the electronic touch buttons installed on the elevators in the hotel. Mr. Durham also repre-sented General Electric for over seven years in asbestos litigation in defense of brake shoes, GE produced for cranes.

During the course of his practice, Mr. Durham has represented medical devices companies, gun companies, industrial equip-ment manufacturers, companies providing electrical equipment to plants, construction equipment, and consumer appliances.Although the time involved in product liability defense has varied from year to year, approximately fifteen percent of his prac-tice has been devoted to product liability defense over his years of practice.


• Agricultural Equipment • Asbestos • Building and Construction

Equipment

• Chemicals, Solvents and Plastics • Consumer Products, Appliances,

Equipment and Goods • Electrical Equipment and Devices

• Firearms • Industrial Machinery • Medical Devices and Supplies • Scaffolding

Product Experience

James B. DurhamHall Booth Smith, P.C.3528 Darien HighwaySuite 300Brunswick, GA 31525(912) 554-0093 Office(912) 554-1973 Fax(912) 222-3692 Celljdurham@hallbooth

smith.comwww.hallboothsmith.com

20®

GEORGIAHall Booth Smith, P.C.

• 1983, J.D., Mercer University Walter F. George School of Law • 1979, Bachelor of Arts, Mercer University

Education

• Most recently handled defective tire cases where multiple lawsuits filed from one accident. Successful in Motion forSummary Judgment for retailer which went to Court of Appeals where it was affirmed and cert. was denied in the GeorgiaSupreme Court.


Michael S. Meyer von Bremen has been in practice since 1983. Ten percent of his practice is devoted to product liability.


• Beverage Containers • Chemicals, Solvents and Plastics • Electrical Equipment and Devices


• Food Products

• Industrial Machinery • Ladders • Tires

Product Experience

Michael S. Meyer von BremenHall Booth Smith, P.C.2417 Westgate Drive Albany, GA 31707(229) 436-4665 Officemmvb@hallbooth

smith.comwww.hallboothsmith.com

21®


• 1991, J.D., University of Georgia• 1986, M.S., Oklahoma State University• 1981, B.A., Valdosta State University

Education

• Mr. Shannon has never lost a products case as trial and all of his non tried cases have had significant favorable results.• Mason v. Home Depot, Cobb County State Court – This case involved complex chemical liability issues. After almost three

weeks the case was mistried at 10-2 in favor of a defense verdict. Subsequent to trial Mr. Shannon successfully moved tostrike all plaintiff’s experts. The Georgia Supreme Court affirmed the trial court. The Georgia Supreme Court also used theMason case to affirm the Constitutionality of Georgia’s expert witness tort reform statue adopting the Daubert scheme.

• Combs v. Horton Maddox Anderson, et. al. – Circuit Court for Hamilton County, Tennessee, Chattanooga. Mr. Shannon wasbrought in as lead counsel to try the case six weeks prior to trial. The case was a legal malpractice trial (missed statute oflimitation) but Mr. Shannon had to defend the underlying products case involving three manufacturers without their in-volvement. The case involved a death. The jury would have returned a defense verdict but case settled minutes before theverdict.

• Malcolm v. Bix Manufacturing Company, Inc. – Fulton County State Court. Toxic exposure brain damage case lasting threeweeks with 18 experts who testified. Extremely hostile judge. Defense verdict.


Robert L. Shannon, Jr. is a senior partner at the Atlanta office of Hall Booth Smith, P.C. Mr. Shannon is licensed to practice inTennessee and Georgia. Has an extensive 20 years practice involving complex products cases. Prior to attending law school inflew E-3s for the United States Air Force. In 1988 he transferred his commission to the Air National Guard. Today, he is a BrigadierGeneral and serves as the Vice Commander of the Georgia Air National Guard. He has handled large complex matters through-out the Southeastern U.S. As a National Trial Counsel he has been frequently brought in to try cases weeks prior to trial. He hastried 43 jury trials with two adverse verdicts. He has handled a wide variety of large complex product cases including com-mercial aircrashes and is extremely adept at learning complex technical concepts and presenting those same concepts to ajury in a manner in which they can understand. He has been recognized by Georgia Trend Magazine as one the State’s Legal Eliteand is consistently listed by the Atlanta Business Chronicle to their list of “Who’s Who in the Law” in Atlanta, Georgia.


• “Defending Burn Injuries in Air Crashes,” DRI Fire and Casualty Conference, Chicago, IL, 2007• “Perspectives on Avoiding Large Punitive Awards,” USLAW Spring Client Conference, South Beach, FL


• Co-Author, “The Tort Reform Agenda: After the 2010 Midterm Elections,” USLAW Magazine, Spring 2011• Co-Author, “Avoid Malpractice by Asserting Admiralty Law Claims,” USLAW Magazine, Fall/Winter 2010


• Aircraft (Private and Commercial) • Asbestos • Automobiles • Beverage Containers • Boats and Ships (Commercial and



Equipment


• Electrical Equipment and Devices • Electrical Wire and Cable • Food Products • Furniture • Hand Tools • Industrial Machinery • Lawn Mowers and Outdoor Power




• Power Tools • Recreational Equipment • Roofing Systems • Tanks and Containers • Tires • Trucks and Commercial

Transportation

Product Experience

Robert L. Shannon, Jr.Hall Booth Smith, P.C.191 Peachtree Street, NESuite 2900Atlanta, GA 30303(404) 954-6935 Office(404) 954-5020 [email protected]

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• 1988, J.D., University of Michigan Law School • 1986, B.B.A., Ross School of Business, University of Michigan • 1984, A.S., Northwestern Michigan College

Education

Mr. Benedict has defended manufacturers of outdoor equipment, pharmaceuticals, medical devices, respiratory protectiveequipment, industrial equipment and construction products in product liability actions for over 25 years. The percentage of hispractice devoted to product liability litigation ranges from 25% to 50%.



Equipment • Construction Products, Vehicles

and Equipment • Consumer Products, Appliances,

Equipment and Goods

• Electrical Equipment andDevices

• Industrial Machinery • Lawn Mowers and Outdoor

Power Equipment • Medical Devices and Supplies


• Recreational Equipment • Respiratory Protective

Equipment and Safety Devices • Swimming Pools • Tobacco Products

Product ExperienceThomas BenedictGoodsill Anderson

Quinn & Stifel, LLP999 Bishop StreetSuite 1600Honolulu, HI 96813(808) 547-5600 Office(808) 547-5880 Fax(808) 366-2204 [email protected]

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HAWAIIGoodsill Anderson Quinn & Stifel, LLP

• 1982, J.D., Northwestern University School of Law (Member, Journal of Criminal Law and Criminology)• 1979, A. B., Economics, Harvard University, Cambridge, MA, magna cum laude

Education

No recent trials involving manufacturers as these types of trials have been extremely rare in the Hawaii jurisdiction over the past10 years. • Defended component part manufacturer of a fan alleged to have caused a fire resulting in the death of a young girl and

obtained dismissal without payment by the component part manufacturer by proving the component part did not causethe fire.

• Defended the manufacturer of a cardiovascular guidewire, a piece of which remained in the woman’s blood vessel after astenting procedure was performed. A nominal settlement (10% of anticipated costs of defense) was reached with Plaintiffwho was successful on appeal in having a defense verdict for the physician overturned by the Hawaii Supreme Court.

• Obtained Summary Judgment on a matter involving the death of a man who alleged a PEG feeding tube malfunctioned.Summary Judgment was upheld on appeal to the Hawaii Supreme Court.


For the past 32 years Corlis J. Chang has represented product manufacturers, medical device manufacturers and pharmaceu-tical manufacturers in the defense of their products. Approximately 50% of her practice over the years has been devoted to thedefense of products containing asbestos (pumps, boilers, gaskets and packing) and medical devices as varied as walkers, TPNmixers, Hoyer lifts, cardiovascular guide wires, tubing, automated blood pressure cuffs, PEG tubes, and phacoemulsification ma-chinery (for cataract surgery).


• Over the years, Ms. Chang has participated as a panelist and presenter at Medmarc annual seminars.


• Asbestos • Consumer Products, Appliances,

Equipment and Goods

• Food Products • Herbicides and Pesticides • Medical Devices and Supplies


Product Experience

Corlis J. ChangGoodsill Anderson

Quinn & Stifel, LLP999 Bishop StreetSuite 1600Honolulu, HI 96813(808) 547-5677 Office(808) 547-5880 [email protected]

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• 2001, J.D., University of Washington School of Law• 1998, B.A., University of Washington

Education

Dawn T. Sugihara concentrates her practice in civil litigation, with particular emphasis on personal injury, product liability,and commercial litigation. Professionally, Ms. Sugihara is involved the Defense Research Institute and USLAW Network.Examples of her work include:• Personal Injury: Defended national retailers, hotels, restaurants, and Hawaii-based airlines, against premises liability

claims. Won a finding of no liability for national retailer in claim for negligent design of parking transition area.Strategically defended numerous premises liability claims resulting in favorable settlements. Represented manufacturersof asbestos-containing products against claims for personal injury and wrongful death, including manufacturer of electri-cal machines and manufacturer of flooring products. Defended health providers against claims of malpractice.

• Product Liability: Defended manufacturers of waterproofing membranes, electrical equipment, and air conditioningequipment against claims for economic damage. Represented manufacturers of outdoor equipment, medical devices,pharmaceuticals and orthopedic implants against claims for personal injury and wrongful death.

• Commercial Litigation: Represented individuals, non-profits, and corporations in claims involving breach of contract,breach of fiduciary duty, fraud, unfair and deceptive trade practices, false claims, and defamation. Through motion prac-tice, won dismissal of all claims asserted against aviation tour operator in federal court. Negotiated advantageous settle-ment for national restaurant franchise in claim for breach of contract and lost profits.

• Trial Practice: Chaired or participated in trial teams for bench and jury trials in state and federal court. Secured defensejury verdict in favor of non-profit corporation.


Dawn T. SugiharaGoodsill Anderson

Quinn & Stifel, LLP999 Bishop StreetSuite 1600Honolulu, HI 96813(808) 547-5805 Office(808) 547-5880 [email protected]

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• 1991 J.D., University of Illinois at Urbana/Champaign, cum laude• 1988, B.A. History, University of Illinois at Urbana/Champaign, with honors in history and cum laude

Education

Lew’s areas of focus include the motor carrier industry and home construction building products. Motor carrier related mat-ters have addressed trailers, chassis, lift gates, component parts, walkway and tread plates, tires, engines and vehicle electron-ics. Further, Lew has significant experience in fire and explosion matters involving tractors and related aspects of the motorcarrier and chemical industries. Lew has represented clients in matters involving cosmetics, beverage product storage and dis-play, and food borne product illness. Lew represents home construction product manufacturers in claims of warranty and de-fect claims. Lew is also a member of the firm’s Executive Committee.


• Speaker, “An Attorney’s Ethical Responsibilities When Serving as Local Counsel,” USLAW Client Conference, San Francisco,CA, September 20, 2014

• Speaker and Panel Moderator, “The Emperor’s New Clothes – How to Respond to the Reptile Theory and Other NewAvenues of Attack from the Plaintiff,” DRI Trucking Law Seminar, Las Vegas, NV, June 20, 2014

• Co-Moderator, “Stay Out of the Rockies: Safe Passage for Corporate Counsel,” USLAW Client Conference, Vancouver, BC,October 2013

• Co-Moderator, “Ethical Waves: Avoiding the Wipeout,” Murchison & Cumming LLP 2013 CLE, Santa Monica, CA, June 2013• Transportation Conference Chair, “Dissecting The Plaintiff’s Playbook,” USLAW Conference, Tucson, AZ, April 2013• Speaker, “Damages, Joint & Several Liability and Indemnity,” Client Seminar, Centennial, CO, December 2012• Speaker, “Damages, Public Liability and Indemnity,” Client Seminar, Denver, CO, December 2012


• Author, "Illinois Juries Reduced from 12 to 6 Jurors," USLAW Digiknow and SmithAmundsen Transportation Alert,December, 2014

• Co author, “Bodily Injury, Wrongful Death, Survival, Compensatory and Punitive Damages – A State by State Summary,”Illinois Chapter, American Bar Association, Commercial Transportation Litigation Committee, 2014

• Co author, “Illinois Surveillance Law,” USLAW NETWORK Surveillance Compendium, September 10, 2014• Co author, “Wisconsin Surveillance Law,” USLAW NETWORK Surveillance Compendium, September 10, 2014• Co author, “Illinois Spoliation of Evidence Law,” USLAW NETWORK Spoliation of Law Compendium, August 26, 2014• Co Author, “The Emperor’s New Clothes – How to Respond to the Reptile Theory and Other New Avenues of Attack from

the Plaintiff – Alternative Liability Theories – Broker Liability and its Derivatives, State Anti Indemnity MotorTransportation Statutes, Driver Classification, The Logo Liability Doctrine a/k/a Placard Liability or The Doctrine ofStatutory Employment, Recent Developments in Federal Preemption of State and Local Efforts to Regulate the TruckingIndustry, and Payment Priority – Who Gets Paid, the Motor Carrier or the Factoring Company?,” DRI Trucking LawSeminar Course Materials, Las Vegas, NV, June 2014

• Co author, “The Burden of Showing that Accident/Incident Reports are Protected by the Attorney Client Privilege and/orWork Product Doctrine is not Getting Easier.” USLAW Digiknow, March 18, 2014

• Co author, "A Confidentiality Conundrum: How Confidential Are Your Confidential Settlements?" March 12, 2014• National Editor and Project Director, USLAW NETWORK National Compendium of Law, 2009-Present• Chapter Co-author, “Special Considerations in a Product Liability Case,” Illinois Institute for Continuing Legal Education’s

Illinois Civil Discovery Practice Supplement, 2006, 2009, 2011, and 2013


• Automobiles • Beverage Containers • Construction Products, Vehicles and

Equipment • Cosmetics

• Electrical Wire and Cable • Flooring Systems • Food Products • Ladders • Lifting Equipment

• Medical Devices and Supplies • Tires • Trucks and Commercial

Transportation

Product Experience

Lew R.C. BrickerSmithAmundsen LLC150 North Michigan AvenueSuite 3300Chicago, IL 60601(312) 894-3224 Office(312) 997-1721 Fax(847) 420-0445 Cell(847) 945-6165 [email protected]

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ILLINOISSmithAmundsen LLC

• 1988, J.D., Loyola University Chicago School of Law• 1983, B.A., University of Notre Dame, cum laude

Education

• Barrie v. Krueger Intn’l and Jewel Food Stores, Circuit Court of Cook County, State of Illinois. In a $5 million demand casewhere liability was admitted and tried solely on damages, the jury awarded a mere $95,000. Plaintiff was severely injuredafter a chair collapsed. The case was complicated by a spoliation claim against plaintiff’s employer, Jewel Food Stores, be-cause they disposed of the chair.

• Alvarado v. Target Corporation, Circuit Court of Cook County, State of Illinois. A 51-year-old customer slipped and fell on awet floor at a Target store allegedly due to a two-foot puddle of dirty water near an unattended mop and bucket. Plaintiffcontended she landed on her knees and twisted her lower back, causing two traumatically herniated discs at L4-5 and L5-S1 (unoperated), requiring physical therapy, multiple epidural injections, and possible future lumbar fusion surgery($50,335 past medical, no lost time). Defense received a “Not Guilty” verdict.

• Marroquin v. Milwaukee Electric Tool Corp., U.S.D.C. for the Northern District of Illinois. Severely injured plaintiff alleged aproducts defect in a power drill case. After depositions and filing of a Motion for Summary Judgment, plaintiff voluntarilydismissed the suit.


Mike is a partner and Executive Committee member with SmithAmundsen and serves as its Chair of the Product LiabilityGroup. Prior to private practice, he garnered significant trial experience as an Assistant State’s Attorney for Lake County, Illinois.Mr. McGowan acts as one of the firm’s lead trial attorneys on many high-profile product liability, construction and retailer lia-bility cases. Throughout his career, he has defended a multitude of product liability cases involving everything from brake sys-tems to ozone generators and destruct units to cosmetic manufacturing processes. Mr. McGowan is an expert in consumerproduct safety law and designs programs for manufacturers to bring their products into compliance with the Consumer ProductSafety Act. His retailing clients include well-known Fortune 1000 merchandisers and his construction clients include one of theleading construction company revenue-producers in the country. As well, Mike is highly experienced in public entity law andhis clients include many local municipalities, toll authorities, county governments and various schools, forest preserves, parkdistricts and villages.


• “Product Makers Beware: Don’t be Defective,” RIMS Annual Conference, April 2013• “Commercial Liability Law Updates,” ACE North American Claims and ESIS Claims Professionals, August 2012• “Consumer Product and Safety Improvement Act,” USLAW Conference, Dana Point, CA, April 2012• “Bleacher Risk Management and Maintenance,” National School Boards Association’s 70th Annual Conference, Chicago,

IL, April 2010• Auditor, Product Compliance for Leading Chair Manufacturer, Consumer Product Safety Act, 2007• “Trade Secret Protection and Consumer Product Safety Act Compliance,” USLAW Conference, Austin, TX, March 2006


• "Illinois Distributors and Sellers: How to Escape a Strict Liability Action," SmithAmundsen Products Liability Alert,September 26, 2014

• Chapter Author, “Inside the Minds: Product Liability Litigation and Dispute Resolution,” November 2007• “Product Liability 3rd Party Practice,” Chapter 7, IICLE, 2005• “Product Liability 3rd Party Practice,” Chapter 7, IICLE, 2000• “Product Liability 3rd Party Practice,” Chapter 7, IICLE, 1995





Equipment and Goods

• Cosmetics • Electrical Equipment and Devices • Electrical Wire and Cable • Fire Sprinklers and Fire Protection

Devices • Flooring Systems • Food Products • Furniture • Hand Tools • Herbicides and Pesticides • Industrial Machinery

• Ladders • Lawn Mowers and Outdoor Power

Equipment • Medical Devices and Supplies • Pharmaceuticals, Prescription


• Power Tools • Roofing Systems • Tires • Windows

Product Experience

Mike J. McGowanSmithAmundsen LLC150 North Michigan AvenueSuite 3300Chicago, IL 60601(312) 894-3242 Office(312) 894-3210 Fax(847) 533-3242 [email protected]

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ILLINOISSmithAmundsen LLC

• 1984, J.D., Indiana University, Maurer School of Law, Bloomington• 1981, B.S., Marketing and Management, Indiana University, Kelley School of Business

Education

• Mr. Isenbarger has successfully defended Kohler Company at both the trial level and on appeal with regard to allegationsof defective handrails in a shower unit. See, Howerton v. Red Ribbon, Inc., 715 N.E.2nd 953.

• Mr. Isenbarger successfully defended the manufacturer of a refrigerator at trial involving allegations that the unit caused afire and back draft that resulted in excess of $13 million in property damage and three deaths. The case was also upheld onappeal. See, Indiana Athletic Club v. Alco Standard Corp., 709 N.E.2nd 1070.

• Mr. Isenbarger has defended products liability matters brought as class actions in Indiana federal court.


Phil Isenbarger is a partner with Bingham Greenebaum Doll LLP in Indianapolis, Indiana, with over 25 years of litigation andtrial experience. A 1984 graduate from the Indiana University School of Law in Bloomington, Mr. Isenbarger has previouslychaired the Firm’s litigation department and has been lead counsel for jury trials conducted in courts across Indiana. He prac-tices in all state and federal courts in Indiana. He has overseen litigation in a multitude of settings including products liabilitymatters ranging from single consumer actions to class actions.

Mr. Isenbarger has devoted a substantial part of his practice to the representation of manufacturers and retailers in the in-dustrial, commercial and consumer industry, with particular emphasis in matters involving plumbing fixtures, small engines,gaspowered rental equipment, medical devices, and other electrical equipment and their respective component parts. He hasextensive experience in defending fire and explosion litigation as well as personal injury and property damage matters arisingfrom claims of defective manufactured or designed products.

Phil was admitted to the Indiana Bar and the U.S. District Court, Northern and Southern Districts of Indiana in 1984.


• “Direct and Cross-Examination Techniques,” Indianapolis Bar Association Conference, Las Vegas• “Direct and Cross-Examination Techniques,” IBA Litigation Practice Skills Series, 2011• “Cross-Examination of the Difficult Witness,” Bench Bar Conference, 2007


• “Products Liability Claims: How Manufacturers Can Protect Themselves,” Bingham McHale Newsletter, May 2011• “If not you, Mr. President, who speaks for the Company?,” describing and explaining the preparation techniques for a

30(B)(6) (corporate designee) deposition, USLAW Magazine, Spring/Summer 2010 • “Indemnity for Corporate Officers,” Defense Counsel Journal, International Association of Defense Counsel, 2006 • “Fire Litigation and Cross-Examination of Medical Experts,” Indiana Continuing Legal Education Forum (ICLEF)


• Alcohol and Distilled Spirits • Automobiles • Beverage Containers • Boats and Ships (Commercial and




Equipment and Goods • Cosmetics • Electrical Equipment and Devices

• Electrical Wire and Cable • Fire Sprinklers and Fire Protection

Devices • Food Products • Furniture • Hand Tools • Industrial Machinery • Lawn Mowers and Outdoor Power


Vehicles


• Power Tools • Recreational Equipment • Scaffolding • Swimming Pools • Tanks and Containers • Tires • Toys and Children’s Products • Tobacco Products • Trucks and Commercial

Transportation

Product Experience

Phil L. IsenbargerBingham Greenebaum

Doll LLP10 West Market Street2700 Market TowerIndianapolis, IN 46204(317) 968-5389 Office(317) 236-9907 Fax(317) 698-4957 [email protected]

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INDIANABingham Greenebaum Doll LLP

• 1983, J.D., University of Iowa College of Law• 1983, M.A., Public Affairs, University of Iowa• 1974, B.A., Political Science, Iowa State University

Education

Robert Hatala practices law within the Litigation Practice Group at Simmons Perrine Moyer Bergman PLC in Cedar Rapids,Iowa. He has handled numerous liability matters since being admitted to the practice of law in 1983. Mr. Hatala has repre-sented both plaintiffs and defendants in products liability lawsuits. Products include farm equipment, mowers, chemicals,steering wheels, hoses and hose connections, and others.


• Agricultural Equipment • Building and Construction


Equipment



• Industrial Machinery

• Lawn Mowers and Outdoor PowerEquipment

• Roofing Systems • Tanks and Containers • Windows

Product ExperienceRobert S. Hatala Simmons Perrine Moyer

Bergman PLC115 Third Street SESuite 1200Cedar Rapids, IA 52401(319) 366-7641 Office(319) 366-1917 Faxrhatala@simmons

perrine.com www.simmonsperrine.com

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IOWASimmons Perrine Moyer Bergman PLC

• 1996, J.D., University of Iowa College of Law, with high distinction• 1993, B.A., History Coe College• 1989, A.A., Kirkwood Community College

Education

Philip Burian is a member of Simmons Perrine Moyer Bergman PLC located in Cedar Rapids, Iowa. He devotes a substantial partof his practice to defending product liability claims and insurance issues arising out of product claims. Mr. Burian brings a rangeof experience to advice, advocacy and risk mitigation in complex matters. He also has significant experience in the productionand use of Electronically Stored Information under federal and state rules. Mr. Burian is a veteran of the first Persian Gulf War.


• Asbestos• Building and Construction

Equipment• Construction Products, Vehicles and


Equipment and Goods

• Cosmetics • Electrical Equipment and Devices• Herbicides and Pesticides• Industrial Machinery• Lifting Equipment• Motorcycles and Recreational

Vehicles

• Roofing Systems• Swimming Pools• Tires• Trucks and Commercial

Transportation• Windows

Product ExperiencePhilip A. BurianSimmons Perrine Moyer

Bergman PLC115 Third Street SESuite 1200Cedar Rapids, IA 52401(319) 366-4090 Office(319) 366-1917 Faxpburian@simmons

perrine.comwww.simmonsperrine.com

30®

IOWASimmons Perrine Moyer Bergman PLC

• 1976, J.D., University of Missouri-Kansas City, with distinction• 1973, B.A., Rockhurst University, cum laude

Education

• Has successfully defended numerous aviation product manufacturers in federal and state court alleging various types ofproduct defects.

• Secured one of the largest jury verdicts in the State of Kansas in an aviation subrogation case on behalf of an aircraft man-ufacturer and its insurer involving a defective roofing product.

• Successfully defended a serious personal injury claim against the manufacturer of an industrial paper cutter machine.


Bob has been a product liability litigation attorney for 40 years. He has handled numerous product liability cases in federaland state court, primarily for the defense, involving a wide range of products in the printing, aviation and general commercialindustries. Twenty-five percent of his practice is devoted to product liability. He has been listed as a Missouri & Kansas SuperLawyer and has an AV® Preeminent™ rating by Martindale-Hubbell.


• “Damages for Pre-Impact Fear in Aviation Cases,” SMU Air Law Symposium, March 2013


• Agricultural Equipment • Aircraft (Private and Commercial) • Building and Construction

Equipment



• Industrial Machinery • Power Tools • Tanks and Containers

Product Experience

Robert W. CotterDysart Taylor Cotter

McMonigle &Montemore, PC

4420 Madison AvenueSuite 200Kansas City, MO 64111(816) 931-2700 Office(816) 931-7377 Fax(816) 797-5532 [email protected]

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KANSAS | WESTERN MISSOURIDysart Taylor Cotter McMonigle & Montemore, PC

• 1994, J.D., University of Louisville School of Law • 1990, B.A., Journalism, University of Southern Indiana, cum laude

Education

• Cyrus v. Ingersoll-Rand, et al., Greenup (Co., Kentucky) Circuit Court. Summary judgment granted in asbestos products li-ability action based on failure to prove exposure to defendant’s product was a substantial contributing factor in causingPlaintiff’s decedent’s illness and subsequent death.

• Watkins v. 3M, et al., U.S.D.C for the Western District of Kentucky at Lexington. Dismissal of products liability action alleg-ing toxic brain injury caused by exposure to allegedly unsafe levels of benzene in adhesive products.

• Hancock v. Seats, Inc., et al., U.S.D.C. for the Western District of Kentucky at Louisville. Successfully negotiated resolutionof products liability claim alleging defective manufacture and design of industrial lawn mower.


Melissa Norman Bork a partner at Bingham Greenebaum Doll LLP and is chair of the firm’s Products Liability Team. She focusesher practice on complex commercial and tort litigation, including product liability, asbestos and mass product liability andtoxic tort litigation, as well as contract and business/commercial disputes. He practice also includes litigation of matters in-volving the First and Fourteenth Amendment, state employment, civil rights and college and university law. She began herpractice in 1994 and is experienced in all aspects of civil litigation and appellate work. In addition to litigation services, Melissaalso advises clients in the area of product liability exposure, risk management and litigation avoidance. She is a member of theDefense Research Institute and the National Association of College and University Attorneys. She was selected for inclusion theThe Best Lawyers in America® in the fields of Commercial Litigation, 2013-2014 and Education Law, Mass Tort Litigation –Defendants, 2011-2014, and was selected for inclusion in the Kentucky Super Lawyers® in the field of Business Litigation, 2014.






• Firearms • Fire Sprinklers and Fire Protection

Devices • Food Products • Industrial Machinery • Lawn Mowers and Outdoor Power

Equipment • Locomotives and Locomotive

Equipment • Medical Devices and Supplies • Mining Equipment


• Power Tools • Recreational Equipment • Roofing Systems • Tanks and Containers • Tires • Toys and Children’s Products • Trucks and Commercial

Transportation

Product Experience

Melissa Norman BorkBingham Greenebaum

Doll LLP3500 National City Tower101 South Fifth StreetLouisville, KY 40202(502) 587-3726 Office(502) 587-3695 [email protected]

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KENTUCKYBingham Greenebaum Doll LLP

• 1985, J.D., University of Mississippi, Member, Order of the Barristers (1984-1985)• 1983, B.A., Chemistry, University of Mississippi

Education

• Jack B. Harper Contractor, Inc. v. United Fiberglass of America, Inc. et. al. – U.S.D.C. Eastern District of Louisiana. Followinga three-week jury trial, favorable result received for Prime Conduit, Inc., the manufacturer of certain components used ina multi-million dollar highway construction project to install an Intelligent Traffic System.

• Peters v. Nissan Forklift Corporation –U.S.D.C. Eastern District of Louisiana. Defense verdict in a trial against the manufac-turer of material handling equipment. Plaintiff suffered total disability and sought approximately $2 million in damages.

• Leray v. Nissan North America, Inc. –17th Judicial District Court for the Parish of Lafourche, Louisiana. Defense verdict fol-lowing three week trial against the manufacturer of a truck. Plaintiff, who suffered quadriplegia, alleged defects in the ve-hicle’s roof, restraint and braking systems. The jury assessed total damages of $18 million against absent parties.

• Monroe Welding Supply, Inc. v. IWATSU America, Inc. – 4th Judicial District Court for the Parish of Ouachita, Louisiana.Defense verdict following two week trial against the manufacturer of a telephone system. Plaintiff alleged that a fire origi-nated in the control box of the system which destroyed a welding supply business, including its storefront, office andwarehousing areas for a total loss in excess of $2 million.


Keith W. McDaniel is a shareholder at McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch. Since his admission to practice,Mr. McDaniel has devoted his practice to representing manufacturers and distributors in products liability lawsuits and in handling sophisticated tort litigation. He has defended manufacturers of products from the automotive, home product, in-dustrial/construction machinery and medical device industries. In addition to acting as lead trial counsel throughout Louisianaand other states in the gulf south, he has served on regional and national trial teams coordinating litigation for clients. He hasalso defended clients in asbestos, toxic tort, environmental, transportation and agricultural matters.


• “Representing the Foreign Manufacturer To Kiss, Bow or Shake Hands,” USLAW NETWORK Client Conference, Phoenix,AZ, March 2011

• “Recent Developments in the Products Liability Arena,” USLAW NETWORK Conference, London, England, February 2011• “Emerging Issues in Motor Vehicle Product Liability Litigation,” ABA, Phoenix, AZ, April 2010• “Expert Defense Strategies for Singled-Out Vehicles and Media-Focused Issues,” American Conference Institute’s Premier

Forum on Defending and Managing, Automotive Product Liability Litigation, Chicago, IL, November 2008


• Agricultural Equipment • Alcohol and Distilled Spirits • Asbestos • Automobiles • Beverage Containers • Boats and Ships (Commercial and




Equipment and Goods


Devices • Hand Tools • Industrial Machinery • Ladders • Lawn Mowers and Outdoor Power


Vehicles



and Safety Devices • Tanks and Containers • Tires • Toys and Children’s Products • Trucks and Commercial

Transportation

Product Experience

Keith W. McDanielMcCranie, Sistrunk,

Anzelmo, Hardy,McDaniel & Welch, LLC

195 Greenbriar BoulevardSuite 200Covington, LA 70433(504) 831-0946 Office(800)977-8810 [email protected]

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LOUISIANAMcCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch LLC

• 1994, J.D., Louisiana State University• 1991, B.A., Tulane University

Education

• Lawson v. Mitsubishi Motor Sales of America – Calcasieu Parish, Louisiana. Defense verdict after two week trial against themanufacturer of a motor vehicle. Plaintiff injured both hands and underwent surgery when the airbag in her vehicle unex-pectedly deployed as she honked her horn. Plaintiff alleged manufacturing defects and insufficient warnings.

• Duet v. Ford – Lafourche Parish, Louisiana. Defense verdict after a one week trial against the manufacturer of a motor ve-hicle. Plaintiff was injured and underwent a discectomy and cervical fusion because of an accident. She alleged the vehi-cle was defective because her airbag did not deploy in the accident.

• Shicksnider v. Ford – Lafourche Parish, Louisiana. Defense verdict after a one week trial against the manufacturer of amotor vehicle. Plaintiff was injured and underwent a cervical fusion because of the accident. She alleged the vehicle wasdefective because her airbag did not deploy.


Lance Williams focuses his practice on defending product liability, mass tort, professional malpractice, and toxic tort litiga-tion. His product liability experience has involved representation of manufacturers in the automotive, heavy machinery, in-dustrial equipment, home product and medical device industries. With an emphasis on preparing cases and taking them to trial,Mr. Williams has tried cases for automotive manufacturers nationwide. Along with the other members of McCranie, Sistrunk,Mr. Williams has helped forge much of the favorable jurisprudence in Louisiana interpreting the Louisiana Product Liability Act,with reported decisions in every appellate court in Louisiana.


• “Handling Friction: Developments in Asbestos Litigation,” American Bar Association – TIPS Emerging Issues In MotorVehicle Products Liability Litigation Seminar, Scottsdale, Arizona, March 2012

• “USLAW Product Liability 5 Minute Drill,” USLAW NETWORK Client Conference, Scottsdale, Arizona, February 2011• “Who’s On The Line? What to do with Evidence of Cell Phone Use,” 2010 ACI Automotive Product Liability Conference,

Chicago, Illinois, September 2010• “Evidence of Other Claims or Lawsuits,” USLAW NETWORK Client Conference, Miami, Florida, March 2010• “Warning! A Review of ANSI Requirements for Warnings,” USLAW NETWORK Client Conference, Miami, Florida, March

2010• “A View from the Bench,” Moderator of Federal Judicial Panel, 2009 ACI Automotive Product Liability Conference, Chicago,

Illinois, June 2009


• Agricultural Equipment • Asbestos • Automobiles • Building and Construction



Equipment and Goods

• Electrical Equipment and Devices • Fire Sprinklers and Fire Protection

Devices • Flooring Systems • Food Products • Furniture • Hand Tools • Industrial Machinery • Lawn Mowers and Outdoor Power

Equipment

• Lifting Equipment • Medical Devices and Supplies • Power Tools • Recreational Equipment • Roofing Systems • Scaffolding • Tires • Windows

Product Experience

Lance B. WilliamsMcCranie, Sistrunk,

Anzelmo, Hardy,McDaniel & Welch, LLC

195 Greenbriar BoulevardSuite 200Covington, LA 70433(504) 831-0946 Office(800) 977-8810 [email protected]

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LOUISIANAMcCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch LLC

• 1978, J.D., University of Virginia School of Law• 1975, A.B., University of North Carolina at Chapel Hill, with honors

Education

Attorney Large’s focus is trial work: jury trials, court trials, arbitrations and regulatory proceedings. He has been trying cases inMaine for more than 25 years.

His cases have not been limited by subject matter, but have included the defense of product liability claims including auto-mobiles, consumer products, ladders, and industrial machinery.

Attorney Large has been recognized as a Fellow of the American College of Trial Lawyers, has been elected to the AmericanBoard of Trial Advocates, and has been Certified as a Civil Trial Advocate by the National Board of Trial Advocacy.


• Automobiles • Consumer Products, Appliances,

Equipment and Goods

• Electrical Equipment and Devices • Food Products • Industrial Machinery

• Ladders • Scaffolding • Tires

Product Experience

Wendell G. LargeRichardson, Whitman,

Large & Badger465 Congress StreetPortland, ME 04112(207) 774-7474 Office(207) 774-1343 Fax(207) 838-0891 [email protected]

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MAINERichardson, Whitman, Large & Badger

• 1972, J.D., Harvard Law School • 1967, B.A., Harvard College

Education

• Maine Superior Court. Printing company employee was killed when her head was crushed in an industrial printing pressmanufactured in Japan. Settled the case for a token amount.

• U.S. District Court, Rhode Island. Serious injury resulting from ladder accident. Defended an extension ladder manufac-tured in Mexico. Persuaded plaintiff’s counsel to dismiss the case at close of discovery.

• Massachusetts Superior Court and Massachusetts Appeals Court. Failure of enormous stormwater pumping plant duringheavy rainstorm resulted in flooding of Boston’s South End, resulting in millions of dollars’ worth of residential and com-mercial property damage claims, and eight consolidated multi-party lawsuits. Defended solenoid valve alleged to be thecause of the failure of the pumps. After ten years of litigation, won summary judgment in superior court, upheld byAppeals Court.


Over the past 30+ years, on average, roughly 20% of John Whitman’s practice has been product liability defense. The breadth ofthat practice is suggested by the list of product experience listed below. John’s practice has not focused on any one type of prod-uct, but he has had multiple cases involving automobiles; consumer products and appliances; industrial machinery; ladders;lawnmowers; motorcycles and recreational vehicles; and power tools.


• Aircraft (Private and Commercial) • Automobiles • Boats and Ships (Commercial and

Pleasure) • Consumer Products, Appliances,

Equipment and Goods


• Food Products • Industrial Machinery • Ladders • Lawn Mowers and Outdoor Power

Equipment


• Power Tools • Recreational Equipment • Scaffolding

Product Experience

John S. WhitmanRichardson, Whitman,

Large & Badger465 Congress StreetP.O. Box 9545Portland, ME 04112(207) 774-7474 Office(207) 774-1343 Fax(207) 712-6240 [email protected]

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MAINERichardson, Whitman, Large & Badger

• 1995, J.D., University of Baltimore School of Law• 1992, B.A., English and Writing, Loyola University, Baltimore

Education

• Royal v. Eastern Homes – Lead defense counsel defending retailer and installer of manufactured homes in class action liti-gation. The case involved contract, tort, warranty and consumer protection claims and was resolved by way of a confiden-tial global settlement.

• Kent v. Aileron Center – Defended manufacturer of commercial heating equipment in litigation by multiple claimantsclaiming carbon monoxide exposure. Successfully negotiated resolution with multiple defendants without resorting to trial.

• Mount Vernon Development Group v. WKR Consulting – Defended concrete block manufacturer in case involving the fail-ure of a large retaining wall. Suit was resolved with negotiated settlement among multiple defendants.


Ms. Dwyer’s product liability experience spans 15 years and comprises roughly thirty percent of her practice. Her primary focushas been on construction and property related equipment and claims. She has represented manufacturers, distributors andsuppliers of construction equipment, materials, and systems, as well as medical devices and a variety of other commercial andconsumer product cases, including class action and multi-district litigation.






• Lifting Equipment

• Medical Devices and Supplies • Motorcycles and Recreational

Vehicles • Roofing Systems

Product Experience

Ami C. DwyerFranklin & Prokopik, PC2 North Charles StreetSuite 600Baltimore, MD 21212(410) 230-3635 Office(410) 752-6868 Fax(443) 286-6880 [email protected]

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MARYLANDFranklin & Prokopik, PC

• 1990, J.D., Hamline University School of Law, cum laude, Silver Gavel National Honor Society• 1988, B.A., Hamline University, cum laude, Pi Gamma Mu National Honor Society

Education

• Christians vs. Xcel. Electrical contact. Defense Verdict. • Simonson vs. Comfort Gardens. Ventilator Dependent Plaintiff. Defense Verdict.• Vang v. Cooper Tire. Quadriplegic Defense Verdict.


Mark Solheim has extensive trial experience representing corporations, insurance companies and policyholders in Federal,State and Administrative Courts. Mark’s trial work focuses on litigation of product, professional, utility and transportation lia-bility matters. In addition, he serves as National Coordinating Counsel for clients throughout the country. Mark is a partner atLarson • King.

Mark has served in leadership positions for state and national defense organizations for many years. Mark serves as a BoardMember (2003-2007), and as an Officer (Secretary 2008, Treasurer 2009, Vice-President 2010, and President 2011) of theMinnesota Defense Lawyers Association; as Chair of the DRI Trial Tactics Committee (2006-2008); as Co-Chair of the MDLANursing Home & Assisted Living Committee (2006) and as Chair of the USLAW NETWORK (2008); Member, DRI Law InstituteCommittee (2008 - present).


• “A Call For A Purposive Approach To The Application Of The Reallocation Provisions of Minnesota’s Joint and SeveralLiability Statute,” Minnesota Defense Lawyers Magazine, Winter 2009

• “The Attorney-Client Privilege Primer,” DRI’s Trial Tactics Defense Litigation Manual, 2006• Co-Author “Understanding Toxicology: Defense of Alcohol Related Negligence Claims,” For The Defense, 1996• Co-Author “Psychological & Damages From Toxic Substances: Problems & Solution,” Defense Counsel Journal, 1993


• Agricultural Equipment • Alcohol and Distilled Spirits • Aircraft (Private and Commercial) • Asbestos • Automobiles • Beverage Containers • Boats and Ships (Commercial and

Pleasure) • Breast Implants • Building and Construction



Equipment and Goods • Cosmetics • Electrical Equipment and Devices • Electrical Wire and Cable

• Firearms • Fire Sprinklers and Fire Protection

Devices • Flooring Systems • Food Products • Furniture • Hand Tools • Herbicides and Pesticides • Industrial Machinery • Ladders • Lawn Mowers and Outdoor Power

Equipment • Lifting Equipment • Locomotives and Locomotive

Equipment • Medical Devices and Supplies • Mining Equipment • Motorcycles and Recreational

Vehicles



and Safety Devices • Roofing Systems • Scaffolding • Swimming Pools • Tanks and Containers • Tires • Toys and Children’s Products • Tobacco Products • Trucks and Commercial


Product Experience

Mark A. SolheimLarson • King, LLP2800 Wells Fargo Place30 East Seventh StreetSt. Paul, MN 55101(651) 312-6500 Office(651) 312-6618 Fax(651) 253-9950 [email protected]

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MINNESOTALarson • King, LLP

• 1984, J.D., Seton Hall University• 1982, Exeter University, England• 1978, B.A., Colgate University

Education

• Dan has defended national corporate manufacturers in multiple federal and state jurisdictions in product liability, masstort and pattern litigations. He has successfully resolved matters involving thousands of plaintiffs and claims for tens ofmillions of dollars.

• Activities in representative cases included appearance at trials; argument of substantive motions; preparation/presenta-tion of key corporate and expert witnesses in areas of medicine, science, engineering principles, statistics, crashworthi-ness, human factors, industrial hygiene, chemical properties and damages, and development of tactical and strategicplans leading to successful disposition of thousands of claims through dismissal or negotiated resolution.

• Issues involved included defense of design/manufacturing claims related to defects; negligence; failure to warn; post-saleduty to warn; development and implementation of quality control plans; compliance with federal and state regulations;spoliation of evidence; fraud on individuals and government entities; specific and general causation; and medical out-comes. Has also defended and prosecuted contractual claims related to product performance.


Dan Adams, a partner with Larson • King, concentrates his civil and commercial practice on representing clients in complexproduct liability, toxic tort and mass liability litigation and policyholders in insurance coverage disputes. He has acted as na-tional coordinating counsel and trial counsel for manufacturers and has appeared in federal and state courts throughout thecountry.


• Asbestos • Automobiles • Boats and Ships (Commercial and

Pleasure) • Chemicals, Solvents and Plastics • Consumer Products, Appliances,

Equipment and Goods

• Electrical Equipment and Devices • Electrical Wire and Cable • Lifting Equipment • Medical Devices and Supplies • Motorcycles and Recreational

Vehicles


• Respiratory Protective Equipmentand Safety Devices


Product Experience

Daniel C. AdamsLarson • King, LLP2800 Wells Fargo Place30 East Seventh StreetSt. Paul, MN 55101(651) 312-6500 Office(651) 312-6618 Fax(651) 261-8617 [email protected]

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• 2005, J.D., University of Minnesota Law School, cum laude• 2001, B.A., Accounting, University of St. Thomas, magna cum laude

Education

• Vang v. Cooper Tire: Design Defect case; Quadriplegic. Defense Verdict• Jacobson v. Affinia: Design Defect; evidentiary hearing; Defense Verdict


Tony’s products practice involves the defense of product design and manufacturing claims in regionally and nationally. Fornearly a decade, Tony has acted as both national counsel and trial counsel for manufacturers and has appeared in federal andstate courts throughout the country. Tony is also active with several defense bar organizations, including DRI’s products liabilitycommittee, where he serves on the steering committee, and with the Minnesota Defense Lawyer’s products committee, wherehe serves as vice chair.

Prior to practicing law, Tony worked as a corporate auditor with a major public accounting firm where he served severalwidely held, publicly traded clients. Tony puts his accounting background to use in handling financial disputes and other com-plex commercial matters. Tony graduated cum laude from the University of Minnesota Law School.


• “New Developments in Minnesota Comparative Fault Law,” Panel Speaker, MDLA Products Liability Committee, July 2013• “Clearing the Weeds: Artful Expert Witness Depositions,” Webcast Presenter, DRI Trial Tactics Committee, May 2012• “How to Defend a Product with a “History”, presenter, DRI Product Liability Conference: Product Liability in the 21st

Century,” Las Vegas, April 2012• “Evaluation of Economic Loss Claims,” presenter, MDLA Trial Techniques Seminar, Duluth, 2011• “Taking Control of the Wheel: Navigating Litigation Your Way on a Road of Difficult Witnesses and Opposing Counsel,”

MDLA Mid-Winter Conference, February 2009


• “The Collateral Source Rule: A Compendium of State Law,” Author (MN) and Regional Editor, 2012• “Navigating Seller’s Exception Statutes,” For the Defense, February 2009• “Class Action Shake Out: CAFA and the Defense of Products Liability Actions,” For the Defense, December 2005


• Agricultural Equipment • Asbestos • Construction Products, Vehicles and

Equipment


• Food Products

• Hand Tools • Industrial Machinery • Recreational Equipment

Product Experience

Anthony J. NovakLarson • King, LLP2800 Wells Fargo Place30 East Seventh StreetSt. Paul, MN 55101(651) 312-6571 Office(651) 312-6618 Fax(651) 253-6452 [email protected]

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• 1986, J.D., University of Mississippi School of Law• 1977, B.A., History and Anthropology, University of Southern Mississippi, highest honors

Education

• None to verdict within the last 10 years.


Douglas Bagwell’s 29-year practice has been focused primarily at the trial level in the defense of civil litigation for insurers, in-sureds, and self-insured corporations in a variety of litigation, including but not limited to issues involving bad faith, con-struction, fraud/misrepresentation, premises liability, products liability, professional liability, automobile accidents, truckinglitigation accidents, state workers’ compensation and longshore litigation. Currently, he is panel counsel in Mississippi for anumber of major insurance companies. Mr. Bagwell also does statewide defense work, including workers’ compensation, fora major trucking company and dialysis health company. Mr. Bagwell is also a Fellow in the ABA College of Workers’Compensation Lawyers. Mr. Bagwell has an AV rating with Martindale-Hubbell.

Although Mr. Bagwell handles virtually all types of litigation, approximately 10-15% of his practice is related to product lia-bility. He is the primary contact for the Gulfport, Mississippi, office of Carr Allison. He is admitted to practice in all state courtsin Mississippi; United States District Courts for Northern and Southern Districts of Mississippi; and United States Court ofAppeals for the Fifth Circuit.


• Automobiles • Beverage Containers • Construction Products, Vehicles and


Equipment and Goods

• Electrical Equipment and Devices • Electrical Wire and Cable • Flooring Systems • Furniture • Ladders • Lawn Mowers and Outdoor Power

Equipment



Product Experience

Douglas BagwellCarr Allison14231 Seaway RoadBuilding 2000, Suite 2001Gulfport, MS 39503(228) 864-1060 Office(228) 864-9160 Fax(228) 326-1049 [email protected]

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MISSISSIPPICarr Allison

• 1988, J.D., University of Mississippi School of Law• 1985, B.S., Delta State University

Education

• Mr. Baxter’s trial experience has included trying cases for a large tire manufacturer, automobile cases and food products.Mr. Baxter’s most recent products liability successes include dismissals on summary judgment that were affirmed on ap-peal in reported decisions. See, Smith v. Goodyear Tire & Rubber Co., 495 F. 3d 224 (5th Cir. 2007); Watson Quality Ford v.Casanova, 999 So. 2d 830 (Miss. 2008)


Mr. Baxter has been practicing law for 24 years and has had the opportunity to handle a wide variety of products liability cases.He has defended cases for both manufacturers and sellers of products and is retained in many cases to represent companiesin products cases through liability insurers. Mr. Baxter has tried products liability jury trials in both state and federal courts inthe State of Mississippi.


• “USLAW Product Liability 8 Minute Drill,” USLAW NETWORK Client Conference, Washington, DC, October 2012


• Automobiles • Building and Construction



• Cosmetics

• Electrical Equipment and Devices • Food Products • Tires

Product Experience

Michael W. BaxterCopeland, Cook, Taylor &

Bush, P.A.1076 Highland Colony

Parkway600 Concourse BuildingSuite 100 Ridgeland, MS 39157(601) 856-7200 Office(601) 427-4997 Fax(601) 842-8975 [email protected]

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MISSISSIPPICopeland, Cook, Taylor & Bush, P.A.

• 1985, J.D., Saint Louis University• 1981, B.A., Political Science, Tulane University

Education

• Santangelo v. General Motors Corp., 769 S.W.2d 202 (Mo. App. 1989)• Estate of Bischof, 770 S.W.2d 474 (Mo. App. 1989)• Johnson Group, Inc. v. Beecham, Inc., 952 F.2d 1005 (8th Cir. 1991)• Nichols v. The Prudential Ins. Co., 851 S.W.2d 657 (Mo. App. 1993)• Rauscher v. General Motors Corp., 905 S.W.2d 158 (Mo. App. E.D. 1995)• Barnes v. The Prudential Ins. Co., 76 F.3d 889 (8th Cir. 1996)• Schwartz v. Custom Printing Co., 926 S.W.2d 490 (Mo. App. E.D. 1996)• In re Estate of Hayes, 941 S.W.2d 630 (Mo. App. E.D. 1997)• Dean v. St. Anthony's Medical Center, 978 S.W.2d 423 (Mo. App. E.D. 1998)• Ming v. General Motors Corporation, 81 F.Supp. 2d 956 (E.D. Mo. 1999)• Ming v. General Motors Corporation, 195 F.3d 342 (8th Cir. 1999)


Stephen L. Beimdiek has over 29 years of trial experience. He engages in all aspects of civil litigation and has over 50 cases suc-cessfully tried to verdict before state and federal courts in a number of different jurisdictions. Mr. Beimdiek's trial backgroundincludes claims involving product liability, business/commercial, contract, personal injury, construction, medical malprac-tice, industrial accident, premises liability and consumer warranty. Specifically, with respect to product liability matters, Mr.Beimdiek has handled claims involving automobile components, lighting fixtures, building products, resin spray guns, cranes,water tower tanks, grain bins, printing presses, windows and traffic control devices. He earned his J.D. from Saint LouisUniversity School of Law.


• Automobiles• Building and Construction

Equipment• Chemicals, Solvents and Plastics• Construction Products, Vehicles and

Equipment


• Electrical Equipment and Devices• Electrical Wire and Cable• Fire Sprinklers and Fire Protection

Devices

• Industrial Machinery• Lifting Equipment• Medical Devices and Supplies• Roofing Systems• Tanks and Containers• Windows

Product Experience

Stephen L. BeimdiekLashly & Baer, P.C.714 Locust StreetSt. Louis, MO 63101(314) 436-8303 Phone(314) 621-6844 Fax(314) 753-8086 Cell(314) 367-7378 [email protected]

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MISSOURILashly & Baer, P.C.

• 1976, J.D., University of Montana School of Law, with high honors• 1972, A.B., University of California – Berkeley

Education

Max Davis has 30-plus years of experience handling a wide variety of products claims involving pharmaceutical, medical device,consumer, commercial and agricultural implement products. Representative clients include Johnson & Johnson, BridgestoneAmericas Tire Operations, MacDon Industries and Sunbeam. Thirty percent of his practice is devoted to products cases.


• Agricultural Equipment • Aircraft (Private and Commercial) • Automobiles • Consumer Products, Appliances,

Equipment and Goods

• Electrical Equipment and Devices • Herbicides and Pesticides • Industrial Machinery • Medical Devices and Supplies


• Recreational Equipment • Tires

Product ExperienceMaxon R. DavisDavis, Hatley, Haffeman

& Tighe, P.C.P.O. Box 2103Great Falls, MT 59403-2103(406) 761-5243 Office(406) 761-4126 Fax(406) 788-3450 [email protected]

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MONTANADavis, Hatley, Haffeman & Tighe, P.C.

• 1984, J.D., Creighton University School of Law, summa cum laude• 1976, B.S., Northern Arizona University, magna cum laude

Education

• Zastera v. Raymond Corporation, US Dist. Ct. NE – Defense Jury Verdict – (Forklift was misused)• Farber v. Lok Logs Inc., Nebraska State Court – Summary Judgment – Statute of Repose (Penta) • Confidential settlement of two children burned from misuse of acetone nail polish remover.


Jill Ackerman has general litigation experience including advising and defending clients with regard to forklifts, acetone nail pol-ish remover, penta-wood treatment, children’s toy, windows, and sliding doors. She also has significant experience usingDaubert to strike or limit expert testimony.


• “Product Safety Crackdown – Sweeping CPSA Changes Impact Marketing, Shipping, Quality,” USLAW Magazine,Spring/Summer 2009


• Agricultural Equipment • Chemicals, Solvents and Plastics

• Cosmetics • Lifting Equipment

• Toys and Children’s Products • Windows

Product Experience

Jill Robb AckermanBaird Holm LLP1500 Woodmen Tower1700 Farnam StreetOmaha, NE 68102(402) 636-8263 Office(402) 344-0588 Fax(402) 676-6233 Celljrackerman@baird

holm.comwww.bairdholm.com

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NEBRASKABaird Holm LLP

• 2004, J.D., University of Nebraska College of Law, with distinction, Order of the Coif• 1998, B.A., Gustavus Adolphus College

Education

• Ms. Tricker recently successfully argued to have her medical device client dismissed very early on in a products liabilitylawsuit after it was determined that there was no possible way plaintiff could prove that the client manufactured the spe-cific medical device at issue in the litigation.


Ms. Tricker has been involved with product liability litigation since 2004. In that time, she has represented clients which man-ufacture a range of products, including medical devices, plumbing fixtures, doors, windows, building siding, and over-the-roadtractors and trailers. Ms. Tricker devotes approximately 50% of her time to the defense of product liability claims.


• Automobiles • Construction Products, Vehicles and

Equipment


• Medical Devices and Supplies


• Windows

Product Experience

Jennifer D. TrickerBaird Holm LLP1500 Woodmen Tower1700 Farnam StreetOmaha, NE 68102(402) 636-8348 Office(402) 344-0588 Fax(402) 660-6313 [email protected]

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NEBRASKABaird Holm LLP

• 1987, J.D., Northwestern School of Law, Lewis and Clark College• 1980, B.A., Brigham Young University

Education

• The most recent case involves a cableway system used for the construction of a bridge. Mr. Terry represented the cablewaymanufacturer. It was alleged the system was defective by poor design and was unable to handle the lifting capacities as re-quired by contrast. The system failed in high winds, resulting in significant delays to the bridge construction, under fed-eral contract. Claims were in excess of 70 million dollars. Matter was tried for over two months, with a determination thatthe manufacturer prevailed on its contract claims, while the general contractor did not prevail.

• The next case involved a scooter used by the disabled. Allegations were made that the product was deficient in warningsand design. When being used, the scooter allegedly did not stop while approaching an elevator, resulting in plaintiff push-ing through the elevator doors and falling into the elevator shaft. No trial, as the matter was defended on motion, with thecase dismissed.

• In the next case Brian represented a product manufacturer of premium hose connectors. The allegations were the productfailed, starting a fire which consumed and burned down a restaurant. The matter was litigated up to the point of expertdisclosures, where upon plaintiff was finally convinced the theory of liability was in error, and the matter was dismissedpursuant to stipulation.


Since joining the firm in 1987, Brian Terry has been defending product claims in Nevada. Mr. Terry’s practice has included a$70,000,000 claim concerning alleged product failures on the Hoover Dam Bypass project to catastrophic novelty cigarettelighters and everything in between.


• I have spoken on several occasions regarding product liability trends in Nevada to claim adjusters and their respectiveclients.


• Aircraft (Private and Commercial) • Asbestos • Automobiles • Beverage Containers • Building and Construction

Equipment

• Chemicals, Solvents and Plastics • Construction Products, Vehicles and


Equipment and Goods • Cosmetics

• Furniture • Industrial Machinery • Lifting Equipment • Medical Devices and Supplies • Mining Equipment • Tires

Product Experience

Brian K. TerryThorndal Armstrong Delk

Balkenbush & Eisinger1100 East Bridger AvenueLas Vegas, NV 89101(702) 366-0622 Office(702) 366-0327 Fax(702) 460-3845 [email protected]

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NEVADAThorndal Armstrong Delk Balkenbush & Eisinger

• 2007, J.D., Drake University School of Law• 2003, B.A., Drake University

Education

Since joining the firm in 2007, Michael Lowry has actively defended manufacturing, distribution and retail clients from productclaims. From product failures on the Hoover Dam Bypass project to catastrophic tire cases and multitudes of other product claims,Mr. Lowry has led the defense and efforts to transfer the risk to other entities potentially responsible for the alleged defect.


• Aircraft (Private and Commercial) • Asbestos • Automobiles • Beverage Containers • Building and Construction

Equipment



Equipment and Goods • Cosmetics

• Furniture • Industrial Machinery • Lifting Equipment • Medical Devices and Supplies • Mining Equipment • Tires

Product Experience

Michael P. LowryThorndal Armstrong Delk,

Balkenbush & Eisinger1100 East Bridger AvenueP.O. Box 2070Las Vegas, NV 89125(702) 366-0622 Office(702) 366-0327 Fax(702) 539-8855 [email protected]

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• “Compelling Discovery Blog,” June 2012 to present • “Franchising Risk Factors – Is the Franchisor Responsible for a Franchisee’s Negligence?” USLAW Magazine,

Spring/Summer 2015• “Getting the Medical Record Information You Need and Complying with HIPAA,” The Whisper: The Newsletter of DRI’s

Young Lawyers Committee, Vol. 10, Issue 7/8, August, 2014 • “Defeating Claimants’ Attempts to Apply FMCSR to Intrastate Operators,” In Transit: The Newsletter of DRI’s Trucking Law

Committee, Vol. 17, Issue 2, July, 2014 • “The Problem of the Old Deposition and a New Party at Trial,” ABA Pretrial Practice & Discovery Committee Newsletter, Vol.

22 No. 2, Spring 2014 • “What Are the Medical Damages? It Depends,” Litigation Management Magazine, Fall 2013 • “The Unanswered Question: What is the Standard of Review When Objecting to a Discovery Commissioner’s Report and

Recommendations?,” Clark County Bar Association Journal, Communique, May 2013 • “Criminal Charges v. Civil Discovery: Who Wins?,” USLAW Magazine, Spring/Summer 2013 • “Expert Disclosure Rules: They Are A Changin’,” Clark County Bar Association Journal, Communique, October 2012 • “Discovering & Protecting Personally Identifying Information: The Basics,” Clark County Bar Association Journal,

Communique, March 2012 • “Did the Supreme Court Kill Consumer Class-Actions?,” USLAW Magazine, Fall/Winter 2011 • “NRCP 12(b)(5) Motions to Dismiss: Will Nevada’s Standard Change after Twombly and Iqbal?” Clark County Bar

Association Journal, Communique, January 2011 • “Comparative Negligence Under NRS 41.141: Falling Short of Expectations,” Nevada Lawyer, February 2010


• “Spoliation in Retail & Hotel Post-Incident Investigations: When is it Really Spoliation?,” CLM Retail, Restaurant andHospitality Conference, February 6, 2015

• “Insurance Litigation: Navigating Complex HIPAA Privacy Rules in the Discovery of Key Medical Records,” StraffordWebinars, July 9, 2014

• “Retail CCTV Systems: Avoid Shooting Yourself in the Foot,” USLAW Webinar, October 17, 2013• “Changes to Nevada’s Expert Disclosure Requirements,” Las Vegas Defense Lawyers, November 7, 2013


• 2006, J.D., University of Utah, S.J. Quinney College of Law, Salt Lake City, Utah• 2002, B.S., Brigham Young University, Provo, Utah

Education

Since 2008, 40 percent of Mr. Lund’s practice has been devoted to defending manufacturers, suppliers, and their insurers inproduct liability litigation. Mr. Lund’s representation of clients in product liability matters has yielded successful resolutionprior to trial through summary judgment, indemnity, favorable settlement, or arbitration awards in favor of the defense.


• Asbestos • Automobiles • Building and Construction


Equipment


• Food Products • Furniture • Lifting Equipment • Motorcycles and Recreational

Vehicles

• Recreational Equipment • Tanks and Containers • Tires • Trucks and Commercial


Product ExperienceKenneth R. LundThorndal Armstrong Delk

Balkenbush & Eisinger1100 East Bridger AvenueLas Vegas, NV 89101(702) 366-0622 Office(702) 366-0327 Fax(702) 539-7008 [email protected]

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• 1997, J.D., University of Michigan Law School, cum laude• 1992, B.S., Political Science, Santa Clara University, magna cum laude, Phi Beta Kappa, Pi Sigma Alpha

Education

• Although Jennifer has been involved in numerous evidentiary hearings in these matters, none of them have ever progressed to trial.


Jennifer has litigated product liability cases since 1999, and has been involved in litigation involving many different kinds ofproducts, including: over the counter and prescription drugs, medical devices, surgical instruments, construction materials, andvehicles/vehicle components. Jennifer has represented manufacturers, retailers, and healthcare providers in these matters.


• Asbestos • Automobiles • Building and Construction




Vehicles


• Tires • Tobacco Products

Product Experience

Jennifer G. AndersonModrall Sperling500 4th Street NWSuite 1000Albuquerque, NM 87102(505) 848-1809 Office(505)848-9710 Fax(505) 264-8718 Cell(505) 292-6557 HomeJennifer.Anderson@

modrall.comwww.modrall.com

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NEW MEXICOModrall Sperling

• 1987, J.D., University of North Carolina School of Law, Order of the Coif• 1984, B.A., History and Political Science, University of North Carolina, Phi Beta Kappa, Phi Eta Sigma

Education

• Dismissal with prejudice of products liability action against manufacturer of space heaters alleging carbon monoxide poisoning.

• Summary judgment in favor of pharmaceutical company in wrongful death case, upheld on appeal, confirming that thediscovery rule does not apply to wrongful death actions under New Mexico wrongful death statute.

• 12 (b) (6) dismissal of certain claims against national pharmaceutical company brought by Attorney General.


Timothy Holm has more than twenty-five years of experience in civil litigation. His practice is focused on class action and masstorts, product liability litigation (including medical devices, pharmaceutical products, dietary supplements, heating and ven-tilation products, and other products). He is experienced in trials, evidentiary hearings and administrative proceedings. In ad-dition, he is skilled in pre-trial practice and in obtaining 12 (b)(6) dismissals and summary judgments.

Tim has been recognized by Best Lawyers in America®since 2009 in the areas of products liability litigation, mass tort liti-gation, and railroad law. In 2013, Best Lawyers in America®named him Lawyer of the Year, Albuquerque, in Mass TortLitigation/Class Action-Defendants. Benchmark Litigation has named him a Local Litigation Star in 2013 and Tim is Martindale-Hubbell AV® Preeminent Peer Review Rated. Tim received recognition from Southwest Super Lawyers in 2013. He is active inDefense Research Institute (DRI), International Association of Defense Counsel (IADC) New Mexico Defense LawyersAssociation, USLAW NETWORK and is a member of the Local Civil Rules Committee of the U.S. District Court for the Districtof New Mexico.


• Legal Malpractice State of New Mexico, 50 State Survey of Legal Malpractice Law published by American Bar Association,New Mexico chapter co-authored with Charles Armgardt and Kenneth L. Harrigan, 2012

• New Mexico Section, Legal Malpractice Law, 2012 edition• New Mexico Section, ABA Practitioner’s Guide to Class Actions, 2010• “Employer Liability for Employee Actions: Derivative Negligence Claims in New Mexico,” USLAW Transportation Law

Compendium, March 2009• “New Mexico Court of Appeals Rejects Discovery Rule in Wrongful Death Act Claims,” Website article, 2004


• Alcohol and Distilled Spirits • Automobiles • Breast Implants • Building and Construction

Equipment


Equipment and Goods • Medical Devices and Supplies


Product Experience

Timothy C. HolmModrall Sperling500 4th Street NWSuite 1000Albuquerque, NM 87102(505) 848-1817 Office(505)848-9710 Fax(505) 264-8734 CellTimothy.Holm@

modrall.comwww.modrall.com

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• 2002, J.D., University of Texas• 1997, B.A., Trinity University

Education

• Verdict for defendant following wrongful death jury trial in case of multi-drug toxicity, brought on behalf of decedent whodied – allegedly as a result of her use of prescription medications.

• Judgment on behalf of major drug manufacturer in a wrongful death action brought by relatives of user who committedsuicide, allegedly as a result of her use of the manufacturer’s prescription medication. Case involved Buckman and Conteissues, as the decedent used – at different times – both branded and generic versions of the medication.

• Judgment for retail pharmacy in personal injury lawsuit regarding significant liver disease, culminating in transplant, al-legedly resulting from use of ephedra containing weight-loss supplement. Judgment for client was premised on the plain-tiffs’ inability to establish general/specific causation.

• Judgment in workplace toxic tort, chemical exposure case, where plaintiff alleged that he developed rhinitis as a result ofexposure to ammonium hydroxide fumes. Judgment for client obtained when plaintiff’s medical causation opinions wereexcluded, leaving plaintiff unable to establish causation.


Alex has substantial experience handling products liability cases, and regularly defends manufacturers and retailers in litiga-tion over medical device failures, prescription drug injuries and other products-related litigation, as well as various other typesof personal injury and wrongful death claims.

Alex has an AV rating from Martindale, was selected as a Future Litigation Star in New Mexico by Benchmark Litigation in their2012 and 2013 editions, and was named a Southwest Rising Star 2012 by Southwest Super Lawyers®. He is an active memberof the New Mexico Defense Lawyers Association and has served on their Editorial Board since 2004. He is also a member of theDefense Research Institute.


• Alex is a contributing editor for the Wolters Kluwer Product Liability Desk Reference: A Fifty-State Compendium and hasbeen responsible for drafting/editing the New Mexico chapter of that publication since 2012.


• Asbestos • Chemicals, Solvents and Plastics




• Tires

Product Experience

Alex C. WalkerModrall Sperling500 4th Street NWSuite 1000Albuquerque, NM 87102(505) 848-1861 Office(505)848-9710 [email protected]

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• 1991, J.D., Pace University• 1988, B.S., Business, Finance & Management, Brooklyn College

Education

• Mr. Ambrosino represented a manufacturer of a Victaulic Coupling and distributer of a steel water pipe which failed in amultimillion dollar property damage and personal injury action. A water standpipe ruptured in a NYC residential condo-minium building flooding an entire basement and causing a malfunction of an elevator with a passenger inside who sus-tained injuries and trauma as result. The products issues dealing with Mr. Ambrosino’s client involved an alleged defectivecoupling and pipe that ruptured. The case was settled with a minimal contribution on the part of Mr. Ambrosino’s client.


Mr. Ambrosino has practiced for over 20 years in the insurance defense field handling matters involving all types of claims fordamages and/or injuries. Throughout the years he has handled many different types of products liability cases including claimsfor defective glass bottles, folding chairs, foldout furniture, cosmetics, and building pipes, couplings and sprinkler systems.These products liability cases were within the context of personal injury and property damage claims. Mr. Ambrosino repre-sented manufacturers and distributers/sellers of these products. These cases were defended to favorable resolution for theclient and insurers. Mr. Ambrosino handles litigation matters for a number prestigious commercial property owners and man-agers in the metropolitan New York area.




• Cosmetics


• Furniture

Product Experience

Vincent S. AmbrosinoAhmuty, Demers &

McManus 199 Water Street27th FloorNew York, NY 10038(212) 513-7788 Office(212) 513-7843 Fax(516) 662-8100 Cellvincent.ambrosino@

admlaw.comwww.admlaw.com

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NEW YORKAhmuty, Demers & McManus

• 1974, J.D., New York Law School• 1969, B.A., City College of New York

Education

• Mr. Hindman has handled various cases for York International involving commercial air conditioning equipment whichhave been settled for nominal amounts prior to trial. In addition, he has handled swimming pool cases dismissed on sum-mary judgment motions on behalf of pool installers and liner manufacturers.


In over 35 years of practice, Mr. Hindman has handled a wide variety of litigated matters, including numerous product liabil-ity cases. He has represented manufacturers of machinery, including wood chippers, and commercial heating and air condi-tioning equipment, swimming pool installers, pool liner manufacturers, bicycle manufacturers, middlemen in the chain ofproduct distribution and sales and has defended tainted food products cases for manufactures, retail stores and restaurants.Mr. Hindman has handled cases to successful conclusion involving a snow mobile accident and a matter involving a powerwasher.

Currently, Mr. Hindman represents a company in Japan that manufactured a fish skinning machine as well as handling thedefense of an employer involving serious hand injuries on a punch press machine. Further, current matters involve a manu-facturer of a juicer that exploded, a toaster oven with manufacturing defects that caused injury and a case involving a conveyorsystem at a warehouse involving alleged defects in the way the system was installed resulting in personal injuries.


• Agricultural Equipment • Boats and Ships (Commercial and

Pleasure) • Consumer Products, Appliances,

Equipment and Goods


• Food Products • Hand Tools • Lawn Mowers and Outdoor Power

Equipment


• Power Tools • Swimming Pools • Tanks and Containers

Product Experience

Robert J. HindmanAhmuty, Demers &

McManus640 Johnson AvenueSuite 103Bohemia, NY 11716(631) 244-0219 Office(631) 244-0250 Faxrobert.hindman@

admlaw.comwww.admlaw.com

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NEW YORKAhmuty, Demers & McManus

• 1985, J.D., University of Buffalo Law School • 1982, B.A., Economics, Binghamton University

Education

• Successfully defended retailer of off road vehicle (UTV) where the focus of the allegations was improper warnings on thevehicle and improper instructions provided by salesperson.

• Successful defended manufacturer of forklift in which plaintiff suffered significant lower leg injuries resulting in amputation.• Succesfully defended manufacturer of roofing insulation where the claim was that “off-gassing” from the insulation led to

widespread roof leaks on a large municipal housing project.• Successfully defended manufacturer of large notebook making machine in a personal injury action where the plaintiff was

seriously injured where a large roll of paper fell off the machine and struck the plaintiff. The claim was that the device de-signed to hold the paper lacked sufficient guarding and warnings and was otherwise defective.


Kenneth Alweis has been defending product liability actions for more than 25 years. During that time he has represented man-ufacturers of a variety of products, including industrial and consumer goods, in both commercial and personal injury actions.Ken has defended a significant number of actions involving fires that allegedly resulted from defective products.

Ken holds the Martindale-Hubbell Peer Review Rating of AV Preeminent and has been recognized by Super Lawyers,Corporate Counsel Edition and Upstate New York Super Lawyers.


• Speaker, “Product Liability: An Overview,” Central New York CPCU Society, 2008• Presenter, “Product Libility Post-Kumho Tire,” New York State Bar Association, 1999




Equipment


• Electrical Equipment and Devices • Hand Tools • Industrial Machinery

• Ladders • Lifting Equipment • Power Tools • Roofing Systems • Scaffolding

Product Experience

Kenneth M. AlweisGoldberg Segalla LLP5786 Widewaters ParkwaySyracuse, NY 13214(315) 413-5400 Office(315) 413-5401 Fax(315) 491-5798 Cellkalweis@goldberg

segalla.comwww.goldbergsegalla.com

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NEW YORKGoldberg Segalla LLP

• 1984, J.D., State University of New York at Buffalo School of Law• 1981, B.S., State University of New York at Buffalo, magna cum laude

Education

• Gained the dismissal with prejudice of a putative class action lawsuit brought against a product manufacturer. Plaintiffbrought vague allegations, without providing specific details, that portable electric products manufactured by our clientfollowing two previously conducted voluntary recalls still contained the alleged design defect that led to the recalls. Shebrought nonspecific claims under state consumer-fraud statutes as well as for breach of express warranty, breach of theimplied warranty of merchantability, and unjust enrichment.

• Successfully defended a manufacturer against a $5.3 million product liability claim in which the plaintiff, the owner of abar that was destroyed by fire during a floor refinishing project, alleged that an intermittent spark from a brand-new prod-uct manufactured by our client caused the fire.

• Plaintiff was lying in a pop-up tent camper in a hurricane-force storm when she was seriously injured. Trial before juryon failure to warn claim. The jury returned a verdict in favor of the defendants on December 13, 2006.

• Mr. Freedenberg represented a manufacturer in a product liability, high-risk injury trial and obtained a defense verdict.The plaintiff was horribly burned from the waist up in an electrical accident.


John Freedenberg, a partner in the firm, has concentrated his practice in products liability, catastrophic personal injury and in-tellectual property litigation for over 25 years. Jack serves as national coordinating counsel for two major manufacturers, andhas handled the defense of numerous products liability actions around the United States. These have included catastrophic per-sonal injury cases and major fire damage cases, and have involved appliances, household products, controls, power generat-ing and other heavy equipment, high-end products, lift trucks, electrical systems and aircraft engines. Jack has had the uniqueopportunity to depose plaintiffs’ experts in a wide range of specialties, and has developed proven techniques for disqualifying“junk science” purveyors under applicable rules of evidence. He utilizes cutting-edge technology and unique strategies in orderto, for example, enter into high/low agreements, and achieve the best possible outcome for clients. As a Certified Fire andExplosion Investigator (CFEI – the largest fire investigator certification program in the world), Jack provides clients with a strongcompetitive advantage in litigation involving damage and injury from fires. He has handled over 150 trials, 100 of them to ver-dict, and has had many summary judgments granted making trial unnecessary.

John holds the Martindale-Hubbell Peer Review Rating of AV Preeminent and has been recognized by the Best Lawyers inAmerica, Super Lawyers, Corporate Counsel Edition, Upstate New York Super Lawyers and Business First’s Who’s Who in Law.


• “Beaded Wire Crossfire,” DRI Fire Science and Litigation Seminar, November 6-7, 2014• “Lift Truck Design Litigation: Manufacturer’s Role in Developing Methodologies and Legal Strategies,” DRI Product

Liability Plan and Prepare Conference, April 11, 2014• “2014 Fire Loss and Fire Code Litigation – Civil and Criminal Implications,” International Association of Arson

Investigators 2014 Conference – Ontario Chapter, April 1, 2014• Presenter, “Flash! Tackling Questionable Origin and Cause Determinations in Flammable Vapor Fires,” DRI Fire Science

and Litigation Seminar, January 2013


• Co-Editor in Chief, Products Liability in New York (Strategy and Practice), Second Edition, New York State Bar Association, 2012• “Optional Features for the Safely-Designed Product – Defeating Claims Against the Manufacturer and Dealer,” DRI, Spring

2010 (Article and Presentation)• “Frye ‘Em: Jury Psychology Can Undermine Plaintiff’s Expert Witnesses,” For the Defense, Defense Research Institute,

December 2007• “Using Combustion Toxicology in the Defense of Fire Cases,” DRI, Fall 2006 (Article and Presentation)


• Agricultural Equipment • Aircraft (Private and Commercial) • Automobiles • Boats and Ships (Commercial and




Equipment and Goods • Electrical Equipment and Devices • Electrical Wire and Cable • Firearms


• Flooring Systems • Food Products • Furniture • Hand Tools • Herbicides and Pesticides • Industrial Machinery • Ladders • Lawn Mowers and Outdoor Power


Equipment • Motorcycles and Recreational

Vehicles




Product Experience

John P. FreedenbergGoldberg Segalla LLP665 Main Street, Suite 400Buffalo, NY 14203(716) 566-5400 Office(716) 566-5401 Fax(716) 510-1487 Celljfreedenberg@goldberg


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• 1973, J.D., State University of New York at Buffalo School of Law, cum laude• 1969, B.A., State University of New York at Stony Brook, cum laude

Education

• Ongoing defense of a passenger airline in class action litigation involving catastrophic personal injury and death• Coordinating the representation of a New York Stock Exchange manufacturer in the major zinc toxicity dental adhesive

cream multi district litigation• Has regularly defended manufacturers at hearings before the CPSC over the past 20 years.• Defended our client in a product liability case involving severe crush injuries that incurred when a dumpster fell off a

transport truck and fell on the plaintiff. Medical expenses were in excess of $220,000. The case was defended based onplaintiff’s culpable conduct and the absence of the design defect alleged by plaintiff. A full reconstruction was performedfor the jury using video and Elmo technology.

• Trial of one of the longest televised trials in New York jurisprudence to a successful defense verdict.• Plaintiff was lying in a pop-up tent camper in a hurricane-force storm when she was seriously injured. Trial before jury

on failure to warn claim. The jury returned a verdict in favor of the defendants on December 13, 2006.• Trial of a double death alleged smoke detector defect case to verdict where there were over 1,500 alleged prior claims.

Damage limited to 25% of plaintiff’s prior demand.• Trial of alleged muffler defect case resulting in third degree burns to 80% of plaintiff’s body. Case resulted in favorable set-

tlement during trial.


Neil Goldberg has defended complex catastrophic cases across the United States for a number of New York Stock Exchange com-panies and has been practicing for over 30 years.

He is past president of the Defense Research Institute (DRI) and past president and board chairman of the Lawyers for CivilJustice. He is the past chair of DRI’s Products Liability Committee as well as the past chair of the New York State Bar Association’sProducts Liability Committee. Mr. Goldberg is a member of the Executive Committee of the USLAW NETWORK and is on theAdvisory Board of the Bureau of National Affairs’ (BNA) Product Safety & Liability Reporter. He is the editor-in-chief and a con-tributing author to Products Liability in New York, Strategy and Practice, second edition (2012).

Neil holds the Martindale-Hubbell Peer Review Rating of AV Preeminent and has been recognized by the Best Lawyers inAmerica, The International Who’s Who of Product Liability Defence Lawyers, The International Who’s Who of Insurance &Reinsurance Lawyers, Super Lawyers, Corporate Counsel Edition, Upstate New York Super Lawyers. He has been named one ofthe Top 50 New York Super Lawyers, Business First’s Legal Elite of Western New York; he has received the Defense ResearchInstitute: Distinguished Service Award, New York State Bar Association: Committee Chair of the Year Award; DistinguishedService Award and is noted in Who’s Who in America, Who’s Who in American Law, Who’s Who Legal.


• “The Use of Social Media to Defend the Catastrophic Case,” USLAW Regional Meeting, Dallas, TX, January 2011 • “Using the New Science of Jury Psychology to Win the Battle of the Experts in High Stakes Litigation,” 22nd Annual

Medical Device Defense Seminar, Bend, Oregon, June 2009 • “Products Liability from Emerging Markets,” Canadian Defence Lawyers Annual Meeting, Toronto, ON, June 2008 • “Avoiding Quality Assurance Breakdowns and Conducting a Swift and Effective Product Recall in the Event They Occur,”

American Conference Institute, Las Vegas, Nevada, February 2008


• Co-Editor in Chief, Products Liability in New York (Strategy and Practice), Second Edition, New York State Bar Association, 2012• “Proactive, Long-Term Corporate Crisis Management: The Hunter, The Ostrich and The Spin Master,” USLAW Magazine,

Spring/Summer 2011• “Are you Prepared? The CPSIA’s Searchable Consumer Product Incident Database,” USLAW Magazine, Fall/Winter, 2009• “Through Regulations and in Court: The 2008 CPSIA Starts to Take Shape,” For The Defense, Defense Research Institute,

April 2009• “Product Recalls Stir Public Sentiment,” USLAW Magazine, Spring/Summer, 2008


• Agricultural Equipment • Aircraft (Private and Commercial) • Automobiles • Beverage Containers • Boats and Ships (Commercial and


Equipment • Chemicals, Solvents and Plastics • Consumer Products, Appliances,

Equipment and Goods • Cosmetics • Electrical Equipment and Devices • Electrical Wire and Cable • Firearms


• Flooring Systems • Food Products • Furniture • Hand Tools • Herbicides and Pesticides • Industrial Machinery • Ladders • Lawn Mowers and Outdoor Power


Equipment • Medical Devices and Supplies • Motorcycles and Recreational

Vehicles




Product Experience

Neil A. GoldbergGoldberg Segalla LLP665 Main Street, Suite 400Buffalo, NY 14203(716) 566-5400 Office(716) 566-5401 Fax(716) 510-1486 Cellngoldberg@goldberg


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• 1986, J.D., St. John’s Univ. School of Law• 1982, B.S.B.A., Boston University

Education

• Among Steve’s trial successes was the defense of a hockey helmet manufacturer accused of negligently designing, testingand manufacturing a helmet that purportedly failed to protect the wearer, an NCAA Division I ice hockey player, from se-rious head injury during play. Plaintiff claimed permanent cognitive deficits and loss of earning capacity. The case wastried to a jury over the course of three weeks in federal district court and resulted in a defense verdict.

• Another trial victory involved the defense of a hockey helmet manufacturer in a case involving a club hockey player whowas rendered quadriplegic after contacting the boards with his head during a game. After a two week trial in federal dis-trict court, the manufacturer was awarded a defense verdict.

• A third example of Steve trial successes was the defense of a motorcycle helmet manufacturer in state court. Plaintiff wasrendered partially blind when glass entered his eyes in an accident. Plaintiff claimed the face mask on his helmet failed toprotect him from injury. After a five day trial, a defense verdict was rendered for the manufacturer.


Stephen Straus is a founding partner of Traub Lieberman Straus & Shrewsberry LLP. A significant part of Steve’s practice is coun-seling and representing product manufacturers, distributors and retailers in matters involving product liability exposures. This in-cludes providing risk management analysis and best practices advice. It also includes litigation of product liability suits in stateand federal courts throughout the country. Steve has tried to successful verdict numerous cases involving catastrophic injury (e.g.,closed head injury, paralysis, death), as well as those involving significant property loss based on alleged product defects. Stevewas admitted to the New York State Bar in 1987. He is also admitted in the U.S. District Court for the Southern and Eastern Districtsof New York and the Eastern District of Wisconsin, and in the U.S. Court of Appeals for the Second, Sixth and Seventh Circuits.


• Steve regularly provides CLE for his clients in-house lawyers and risk managers related to trends and developments inproduct liability law. He counsels clients on best practices for documenting product development issues and dealing withcustomer claims and inquiries regarding alleged product failures.


• Alcohol and Distilled Spirits • Aircraft (Private and Commercial) • Building and Construction



Equipment and Goods


Devices • Flooring Systems • Hand Tools • Industrial Machinery • Lifting Equipment


Vehicles • Recreational Equipment • Scaffolding • Swimming Pools • Toys and Children’s Products

Product Experience

Stephen D. StrausTraub Lieberman Straus &

Shrewsberry LLPMid-Westchester

Executive Park7 Skyline DriveHawthorne, NY 10532(914) 347-2600 Office(914) 347-8898 Fax(914) 413-8030 Cellsstraus@traub

lieberman.comwww.traublieberman.com

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NEW YORKTraub Lieberman Straus & Shrewsberry LLP

• 1994, J.D., University of Pennsylvania• 1989, B.A., Lehigh University

Education

• Gerard successfully defended a hockey helmet manufacturer accused of negligently designing, testing and manufacturinga helmet that purportedly failed to protect the wearer, an NCAA Division I ice hockey player, from serious head injury dur-ing play. Plaintiff claimed traumatic brain injury resulting in permanent cognitive deficits and loss of earning capacity.Issues at trial included brain injury biomechanics, kinematics and industrial product standards. The case was tried to ajury over the course of three weeks in federal district court and resulted in a defense verdict.

• Gerard also successfully defended the manufacturer of an industrial solution used to clean the exterior of buildings.Plaintiff allegedly sustained personal injuries including permanent respiratory impairment as a result of exposure to theproduct. A directed verdict was obtained based on plaintiff’s failure to prove specific causation.

• Another trial success involved the defense of a hammer manufacturer. Plaintiff, a minor, alleged she was partially blindedwhen a fragment from the hammer pierced one of her eyes. Issues in the case included product misuse, assumption ofrisk and the parents’ negligent entrustment of the product to the minor. The trial resulted in a defense verdict.


Gerard Benvenuto is a partner at Traub Lieberman Straus & Shrewsberry LLP. A significant portion of Gerard’s practice includesrepresenting a wide variety of product manufacturers, distributors and retailers in complex products liability actions in stateand federal courts throughout the country. Such cases include the defense of suits by individuals alleging personal injury and/orproperty damage, as well as aggregated litigation including mass tort and class actions. Gerard’s practice also includes managingand coordinating the defense of products liability actions in numerous jurisdictions on behalf a major consumer product man-ufacturer and monitoring products actions on behalf of insurers. Gerard also consults with product manufacturers and dis-tributors regarding risk management and best practices. Gerard is admitted to the New York State Bar and the U.S. DistrictCourt for the Southern and Eastern Districts of New York.


• Panelist/Presentation – “Class Action Certification Defenses,” USLAW Fall Conference, Vancouver• CLE Presentation – “Jury Selection: The Battle Before the Battle,” Marino Legal, New York• Various CLE and CE Presentations to Corporate and Insurance Clients


• Asbestos • Automobiles • Beverage Containers • Building and Construction



Equipment and Goods

• Cosmetics • Electrical Equipment and Devices • Food Products • Furniture • Hand Tools • Industrial Machinery • Lifting Equipment • Medical Devices and Supplies


• Recreational Equipment • Scaffolding • Tires • Toys and Children’s Products

Product Experience

Gerard BenvenutoTraub Lieberman Straus &


Executive Park7 Skyline DriveHawthorne, NY 10532(914) 347-2600 Office(914) 586-7063 Direct(914) 347-8898 Fax(914) 406-0854 Cellgbenvenuto@traub

lieberman.comwww.traublieberman.com

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• 2000, Master of Law, Northwestern University School of Law• 1994, Bachelor of Law, Kyungpook National University College of Law

Education

Chang has managed, overseen and coordinated the defense of products liability matters litigated internationally and in juris-dictions throughout the United States. Such cases successfully tried to verdict include:• A subrogation action involving substantial property loss arising from a fire allegedly caused by a defective microwave

oven. The trial encompassed complex engineering issues, fire cause and origin theories and product standards. The trialresulted in a defense verdict.

• A property damage case arising from a fire allegedly caused by a household appliance. Trial issues included product de-sign and manufacture, as well as quality control procedures. The trial resulted in a defense verdict.


Chang Sik Kim has 20 years of broad based experience in global product liability litigation and risk management. He manages,oversees and coordinates the defense of international and United States corporations in product liability cases including classactions. Chang provides risk management advice related to product liability litigation and product safety issues including re-call. He has also has served as a lecturer for many years for LG Electronics CFO College in Peangtek, Korea, on issues includingglobal legal risk management, legal service systems, contracts and overseas disputes.


• Lecture – “LG Global Legal Risk Management,” LG Electronics CFO College, Korea• Lecture – “Business Contract Review and Management,” LG Electronics CFO College, Korea• Lecture – “US Product Liability Law and Litigation,” LG Electronics Product Safety Conference, Korea• Lecture – “US Consumer Product Safety Recall and Procedure,” LG Electronics Product Safety Conference, Korea


• Asbestos • Consumer Products, Appliances,Equipment and Goods

• Electrical Equipment and Devices • Electrical Wire and Cable

Product Experience

Chang Sik KimTraub Lieberman Straus &


Executive Park7 Skyline DriveHawthorne, NY 10532(914) 347-2600 Office(914) 347-8898 Fax(914) 364-6561 [email protected]

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• 1984, J.D., Wayne State University• 1981, B.A., Miami University

Education

Randy has tried cases to verdict in ten North Carolina counties, as well as the Federal District Courts for the Middle and EasternDistricts of North Carolina. He has defended product liability claims for 20 years including cases involving medical devices, pre-scription medications, food, industrial equipment, lawnmowers and elevators. Randy currently devotes approximately 20% ofhis practice to product liability cases.




Equipment and Goods

• Electrical Equipment and Devices • Food Products • Herbicides and Pesticides • Lawn Mowers and Outdoor Power

Equipment



Product ExperienceRandall R. AdamsPoyner Spruill LLP130 S. Franklin StreetRocky Mount, NC 27804(252) 972-7094 Office(252) 972-7045 Fax(252) 903-5276 [email protected]

61®

NORTH CAROLINAPoyner Spruill LLP

• 1990, J.D., University of North Carolina, with highest honors, Order of the Coif• 1987, B.A., University of North Carolina at Chapel Hill, with highest honors, Phi Beta Kappa

Education

• Lincoln Gen. Ins. Co. v. Detroit Diesel Corp., 293 S.W.3d 487 (Tenn. 2009) (persuaded Tennessee Supreme Court that eco-nomic loss rule precludes liability in tort even where damage to product occurs in sudden, calamitous manner, such as ina fire or explosion).

• Progressive Insurance Company v. Sacramento County Coach Showcase, 2008 WL 5377993 (D. Nev. Dec. 23, 2008) (won dis-missal for motor coach manufacturer on product liability claims arising from fire on ground that economic loss rule andapplication of warranty exclusions barred causes of action seeking relief for destruction of luxury motor home).

• Bruno v. Thermo King Corp., Index No. 18348/05 (N.Y. Supreme Court, Queens, Jan. 30, 2008) (won summary judgment forbus manufacturer against mechanic, who claimed fingers were severed while working on allegedly defective air condition-ing system, on ground that plaintiff’s expert affidavit was insufficient to state a prima facie product liability claim), aff’d,2009 N.Y. App. Div. LEXIS 7291 (Oct. 13, 2009).


Since 1996, Steven B. Epstein has focused his practice on the defense of product manufacturers and sellers, with an emphasison automotive and aviation products, heavy machinery, and building products, including in mass accident, personal injury,wrongful death, breach of warranty, property damage, and fire and explosion cases. He is national coordinating counsel for aleading manufacturer of luxury motor coaches and inner-city transit buses and has represented clients in state and federalcourts in product liability cases from New York to California. Recognized since 2006 as a North Carolina “Super Lawyer” inLitigation Defense, Mr. Epstein has served as Chair of the Product Liability Practice Group of the North Carolina Association ofDefense Attorneys and as Chair of the Litigation Section of the North Carolina Bar Association.


• CLE Presenter: “Stark v. Ford Motor Co.: The Latest Development in North Carolina Product Liability Law,” North CarolinaAssociation of Defense Attorneys Annual Meeting, Hilton Head Island, South Carolina, June 2010

• CLE Presenter: “Be Careful What You Ask For: The Wisdom of Contractual Arbitration Provisions,” Joint Meeting of theCorporate Counsel and Business Law Sections of the North Carolina Bar Association, Pinehurst, North Carolina, February2008

• CLE Presenter: “Using Focus Groups Wisely and Effectively,” North Carolina Association of Defense Attorneys Seminar onProduct Liability, Raleigh, North Carolina, January 2007

• CLE Presenter: “Subpoenas 101: Rule 45 Has a Makeover,” North Carolina Bar Association Telephone and CyberCLE,Raleigh, North Carolina, September 2003


• “Defending Against the Fire Subrogation Claim: A Guide for Manufacturers of Large Motorized Vehicles and HeavyMachinery,” For the Defense (monthly magazine of the Defense Research Institute), June 2006


• Agricultural Equipment • Aircraft (Private and Commercial) • Automobiles • Building and Construction


Equipment


• Industrial Machinery • Lawn Mowers and Outdoor Power

Equipment • Medical Devices and Supplies • Motorcycles and Recreational

Vehicles


• Roofing Systems • Trucks and Commercial


Product Experience

Steven B. EpsteinPoyner Spruill LLP301 Fayetteville StreetSuite 1900Raleigh, NC 27601(919) 783-2846 Office(919) 783-1075 Fax(919) 605-5380 [email protected]

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NORTH CAROLINAPoyner Spruill LLP

• 2002, Certificate: General Mediation Skills, Hamline University Law and Graduate Schools, St. Paul, Minnesota• 1976, J.D., The National Law Center, George Washington University, Washington, D.C.• 1971, B.A., Political Science, Gonzaga University, Spokane, Washington

Education

• Being in the heart of oil country, products liability litigation is on the rise in North Dakota. Paul’s stature in contested liti-gation is well known and he is included in The Best Lawyers in America® in the category of product liability litigation


Paul F. Ebeltoft is a trial lawyer in North Dakota with more than 30 years of hands-on experience in all state and federal courts.A charter member of the North Dakota Defense Lawyers Association, Paul served as its president from 1994-1998. He has re-ceived multiple exceptional performance citations and honors from the Defense Research Institute and the North Dakota StateBar Association. He is state membership chair and state iCivics chair for the International Association of Defense Counsel.

Paul’s first jury trial experience in 1977 was in a products liability case. Since then, a substantial portion of his practice hasdealt with products and the defense of those who design, manufacture or use them. He represents the energy industry in de-fense of sophisticated downhole tools, product measurement devices and transport equipment; medical device manufactur-ers on account of alleged failure of their products during and after surgical procedures; agricultural product and agriculturalprocessing equipment manufacturers whose products are the alleged cause of massive animal loss or serious personal injuries;and drug companies as local counsel during mass-tort litigation. Paul also represents companies in whose businesses orprocesses various targeted products have been installed or used.


• Agricultural Equipment • Automobiles • Breast Implants • Building and Construction


Equipment


• Food Products • Industrial Machinery • Medical Devices and Supplies • Motorcycles and Recreational

Vehicles


• Scaffolding • Swimming Pools • Tires

Product Experience

Paul F. EbeltoftEbeltoft . Sickler .

Lawyers PLLC

2272 Eighth Street WestDickinson, ND 58601(701) 225-LAWS (5297) Office(701) 225-9650 Fax(701) 290-2685 Cell(701) 225-8877 [email protected]

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NORTH DAKOTAEbeltoft . Sickler . Lawyers PLLC

• 1978, J.D., The University of Akron, School of Law, Akron Law Review, Editor (1977-78)• 1974, B.S., The University of Akron, magna cum laude

Education

• Served as lead trial attorney for a latex glove manufacturer in a suit that was tried for several weeks in New Hampshirestate court. The suit involved two medical personnel who were claiming debilitating injuries from the use of latex gloves.The result was a defense verdict for all parties.

• Represented a defendant in a two-week trial involving the injury to a young cheerleader, resulting in her becoming a para-plegic. The case involved product claims concerning the equipment that was being used as well as other claims involvingthe cheerleading program. A defense verdict in the Court of Claims of Ohio was obtained.

• Represented a defendant in the Court of Common Pleas of Muskingum County, Ohio. A defense verdict was obtained aftera two-week trial involving a trucking accident that rendered a woman a quadriplegic. The case involved allegations of adefective braking system in a tractor-trailer unit. The product defect was found not to be proximate cause of the accident.


Ronald Lee is a Partner and Practice Group Co-Manager, Products Liability & Toxic Tort at Roetzel & Andress. Mr. Lee has servedas national counsel in butter flavoring litigation, latex glove litigation and mold litigation. The products that Mr. Lee representsinclude industrial products such as cranes; building products such as windows; consumer products including appliances andlight bulbs; and toxic exposure cases including butter, mold, silica and benzene. The butter flavoring cases have resulted in ad-ditional food litigation matters, including a case involving a salmonella outbreak in the Chicago area. In the medical device area,Mr. Lee has served as the lead trial attorney in latex glove matters. Additionally, he handled coverage issues, trucking cases,and professional liability cases. Ron devotes 60% of his time to the defense of product liability cases. He is a Board CertifiedLitigation Civil Trial attorney, an Ohio Super Lawyer (2004-2014), and has been selected as one of the Best Lawyers in Americafor Mass Tort and Product Liability Litigation since 2007.


• “Legionella and Legionnaires Disease in a Healthcare Setting,” Great Lakes Healthcare Symposium, Cleveland, Ohio, 2013• “Fracking: What the Frack is That?,” National Conference of Insurance Guaranty Funds 2013 Claims Workshop, Chicago,

Illinois, 2013• “Significant Issues in Product Liability: Risks in the Supply Chain – The Foreign Supplier” Roetzel Corporate Counsel

Forum, 2011• “Food-Borne Illness Litigation,” American Conference Institute, Chicago, Illinois, 2010• “Safety and Risks in the Food Chain,” Cleveland, Ohio, 2010• “Emerging Issues in Toxic Torts – Cleveland and Toledo, Ohio, 2010, New York, New York and Philadelphia, Pennsylvania, 2008• “Emerging Issues in Food-Related Litigation,” GMA Food Claims & Litigation Conference, Austin, Texas, 2010• “Pre-emptive Strike: Protecting Your Company From Products claims Before You Are Sued,” Roetzel Corporate Counsel

Forum, 2009• “Advanced Forum on Diacetyls and Food Flavoring,” American Conference Institute, San Francisco, California, 2008• “Construction Projects – Coverage Quandaries,” Boston, Massachusetts, 2008


• “Legislative Efforts in Handling Industry-Wide Litigation,” Roetzel & Andress Corporate Counsel Forum, 2005• “Mold – A Business Concern,” Ohio Chamber of Commerce, Ohio Chamber’s Environmental & Safety Directory, 2004• “Mold – The Role of Plumbing in Controlling Moisture and Fungal Growth,” Ohio PHC Contractor, 2003• “Mold – A Small Business Concern,” Ohio State Bar Association, Fine Print, Issue 14, 2003






• Electrical Wire and Cable • Firearms • Fire Sprinklers and Fire Protection

Devices • Food Products • Furniture • Herbicides and Pesticides • Industrial Machinery • Medical Devices and Supplies • Motorcycles and Recreational

Vehicles


• Power Tools • Recreational Equipment • Roofing Systems • Swimming Pools • Tires • Trucks and Commercial


Product Experience

Ronald B. LeeRoetzel & Andress222 South Main StreetAkron, OH 44308(330) 849-6648 Office(330) 376-4577 Fax(330) 608-4030 [email protected]

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OHIORoetzel & Andress

• 1997, J.D., The John Marshall Law School, cum laude, John Marshall Law Review, Staff Editor• 1994, B.A., Political Science, Northwestern University

Education

• Serves as national counsel for a major flavoring company• Extensive briefing experience which has resulted in many favorable rulings for clients in product liability, general negli-

gence and appellate matters.• Served as second chair in two-week trial involving numerous claims, including equipment related product claims. The

case involved a catastrophic injury to a college cheerleader; a defense verdict in the Court of Claims of Ohio was obtained.


Ms. Pietrowski is a Partner and member of the Product Liability & Toxic Tort Group. She focuses her litigation practice on prod-uct liability, toxic tort, fire litigation, and general negligence. She has defended many product liability matters on behalf ofmanufacturers, suppliers and retailers involving various household appliances and machinery. She also handles toxic tort casesinvolving exposure to chemicals, butter flavoring and mold. Ms. Pietrowski also handles a variety of food poisoning cases. Shehas represented her clients in trial, mediation and arbitration proceedings. Her clients have included major insurance com-panies, an electric and appliance company and a flavoring company. She also serves as national counsel in many product lia-bility and toxic tort cases.


• “Lifting the Fog – Defending Punitive Damage Claims,” Moderator, USLAW NETWORK Conference, September, 2014• “Ethical Issues Arising From Governmental Investigations and Potential Criminal Charges Under The Park Doctrine,”

Moderator, ABA Section of Litigation, Food & Supplements Fourth Annual Workshop, June 2014• “That Can Cause What? Latest Trends in Toxic Torts,” USLAW NETWORK Conference, 2014• “Special Considerations in Cases Involving Punitive Damages,” USLAW NETWORK Conference, Product Liability

Exchange, 2014





Equipment and Goods


• Food Products • Herbicides and Pesticides • Industrial Machinery


• Power Tools • Recreational Equipment • Swimming Pools • Windows

Product Experience

Moira H. PietrowskiRoetzel & Andress222 South Main StreetAkron, OH 44308(330) 849-6761 Office(330) 376-4577 Fax(330) 697-0675 [email protected]

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OHIORoetzel & Andress

• 1976, J.D., University of Oklahoma College of Law, Norman, Oklahoma• U.S. Air Force Academy• 1973, B.A., University of Oklahoma

Education

• Mr. Green’s most recent product liability defense verdict involved the defense of the manufacturer of a radial crane(Rhodes v. PSI) in the United States District Court for the Western District of Oklahoma. The product in question was alarge industrial crane which was used to transport loads of timber into a large chipper mechanism for creation of woodpulp to be loaded onto barges for shipment on the Arkansas River Navigation System to New Orleans. The crane collapsedand the owners, through the Bankruptcy Trustee, sought compensation for property damage and the economic loss forthe business in excess of $15,000,000.00. The case was successfully defended to a jury and no appeal was taken by theBankruptcy Trustee. Allegations included both design and installation issues.


Mr. Green practices in all state and federal courts in Oklahoma and has a focus on general liability defense litigation, insurancelitigation and product liability litigation. Mr. Green is a past President of the Oklahoma Association of Defense Lawyers and hasbeen recognized as an Oklahoma Super Lawyer in each year since 2005. Since joining the Pierce Couch Law Firm in 1977 Mr.Green has devoted a substantial part of his practice to the representation of manufacturers, from aircraft manufacturers tochemical manufacturers and industrial and oil field equipment.

Mr. Green has tried a number of product liability cases to verdict, including automobile, aircraft and aircraft loading equip-ment, and asbestos related product claims.


• Agricultural Equipment • Aircraft (Private and Commercial) • Asbestos • Automobiles • Beverage Containers • Boats and Ships (Commercial and



Equipment


• Cosmetics • Electrical Equipment and Devices • Fire Sprinklers and Fire Protection

Devices • Flooring Systems • Food Products • Furniture • Industrial Machinery • Ladders • Lawn Mowers and Outdoor Power

Equipment

• Lifting Equipment • Mining Equipment • Pharmaceuticals, Prescription


• Power Tools • Roofing Systems • Swimming Pools • Tanks and Containers • Tires • Trucks and Commercial


Product Experience

Gerald P. GreenPierce Couch Hendrickson

Baysinger & Green, L.L.P.1109 N. FrancisOklahoma City, OK 73106(405) 235-1611 Office(405) 235-2904 Fax(405) 208-1198 [email protected]

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OKLAHOMAPierce Couch Hendrickson Baysinger & Green, L.L.P.

• 1984, J.D., University of Oklahoma College of Law• 1981, B.S., Oklahoma State University

Education

• Potts v. Remington Park, Inc., District Court of Oklahoma County. Defense verdict in case alleging product liability for al-legedly serving adulterated food resulting in food poisoning.

• Oklahoma Society of Certified Public Accountants v. Broan Manufacturing Co., Inc., et al., District Court of OklahomaCounty. Defense verdict in case alleging fire and resulting property damage caused by allegedly defective design of over-head vent.

• Hodges v. En-Tout-Cas, et al., District Court of Oklahoma County. Settled prior to trial. Jockey sustained fall and injury as aresult of alleged defect in design, installation and maintenance of elements of synthetic racing surface.


Daniel J. Hoehner is licensed to practice in all state and federal courts in the state of Oklahoma. He has practiced more than 25years in insurance defense which has included the opportunity to handle cases involving all types of products such as elec-tronics, tractors, recreational vehicles, automobiles, trucks, seat belts, food, and numerous component parts incorporated intoproducts. Approximately 20-30 percent of his practice is devoted to cases involving product liability.


• Asbestos • Beverage Containers • Chemicals, Solvents and Plastics • Consumer Products, Appliances,

Equipment and Goods

• Electrical Equipment and Devices • Food Products • Furniture • Ladders


• Power Tools • Trucks and Commercial

Transportation

Product Experience

Daniel J. HoehnerPierce Couch Hendrickson

Baysinger & Green, L.L.P.1109 N. FrancisOklahoma City, OK 73106(405) 235-1611 Office(405) 552-5244 Direct(405) 235-2904 Fax(405) 650-3357 Celldhoehner@pierce

couch.comwww.piercecouch.com

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OKLAHOMAPierce Couch Hendrickson Baysinger & Green, L.L.P.

• 1999, J.D., University of Oregon School of Law• 1996, B.S., University of Oregon

Education

• Miller v. J-M Manufacturing, et al., District of Oregon. Defense verdict for client in transportation/product liability case whereit was established that the dunnage provided with a load of PVC pipe was defective and caused the underlying accident.

• Giant Manufacturing v. BikeE Corp., et al., District of Oregon. Plaintiff’s verdict for client in collection action where defen-dants alleged that bicycles at issue were defectively manufactured.


Marc Carlton is a member in the Portland office of Williams Kastner. He focuses his practice on civil litigation with an empha-sis in defending transportation, liquor liability and products liability cases, including the defense of former manufacturers andsellers of asbestos-containing products. Mr. Carlton also practices in the area of medical device and business litigation.

Mr. Carlton has over ten years of experience as a product liability attorney and devotes 50% of his practice to product liability.


• Alcohol and Distilled Spirits • Asbestos • Building and Construction

Equipment






Product Experience

Marc M. CarltonWilliams Kastner888 SW 5th AvenueSuite 600Portland, OR 97204(503) 944-6910 Office(503) 222-7261 Fax(503) 789-5899 Cellmcarlton@williams

kastner.comwww.williamskastner.com

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OREGONWilliams Kastner

• 1996, J.D., Willamette University College of Law, first in class• 1992, B.A., Harding University, magna cum laude

Education

• Huerta, McClellan, and Arvidson v. I-Flow, USDC for District of Oregon. Defense verdicts in three consolidated pain pumpcases alleging chondrolysis resulting from defective pain pumps.

• Emrick v. Scapa Dryer Fabrics, Multnomah County Circuit Court. Defense verdict in mesothelioma asbestos case following14 week trial.

• Mason v. General Electric, Multnomah County Circuit Court. Summary judgment ruling upheld by Oregon Court ofAppeals in a case where plaintiff attempted to expand the boundaries of Oregon product liability law to hold GeneralElectric responsible for “aiding and abetting” in the sale of products it did not manufacture or sell.


George Pitcher is a member in the Portland office of Williams Kastner. He is chair of the firm’s Products Liability Practice Group,and he is on the board of directors for the Oregon Association of Defense Counsel. He specializes in civil litigation with an em-phasis in defense of professional liability and product liability cases, including defense of former manufacturers and sellers ofasbestos-containing products. Mr. Pitcher has tried product liability, professional liability, employment and consumer cases inOregon and Washington state courts and argued cases before the Oregon Supreme Court and Oregon Court of Appeals. He rep-resents a number of clients in the defense of asbestos cases and has worked on the defense of numerous mass torts, includingbreast implant, orthopedic bone screw, Fen-phen, Rezulin, Latex Glove and vaccine cases.

Mr. Pitcher has over 15 years of experience as a product liability attorney and 50% of his practice is devoted to product liability.


• Moderator, “Discovery Lightning Round,” Oregon Association of Defense Counsel Annual Convention, June 2014.• Speaker, Northwest Asbestos Litigation Conference, Tacoma, WA, June 2014• CLE Panel Moderator, “Effective Motion Practice, Advice from the Judges,” Multnomah County, OR, December 2013 • Speaker, “Spoliation of Evidence in Oregon,” Oregon Association of Defense Counsel Annual Meeting, June 2013• Speaker, “Personal Jurisdiction in Oregon Following Nicastro and Willemsen,” CLE presented by Oregon State Bar

Products Liability and Litigation Sections, October 5, 2012• Speaker, “Seven Things That Get Insurance Agents Sued,” Oregon CPCU All Industry Day, 2010• Moderator, “Effective Use of Demonstrative Exhibits in Toxics Cases,” International Association of Defense Counsel Toxic

Torts Webinar, April 2010


• Co-Author, “Best Practices for Privilege Logs in Oregon State Cases,” The Verdict, Spring 2012• Co-Author, “Jury Instructions in Punitive Damage Cases: Using the New Mandates from the United States Supreme Court,”

International Association of Defense Counsel Annual Meeting, 2009• Co-Author, “Medical Monitoring: The Impact of Lowe v. Philip Morris,” Oregon Association of Defense Counsel Magazine,

Summer 2008


• Asbestos • Breast Implants




Product Experience

George S. PitcherWilliams Kastner888 SW 5th AvenueSuite 600Portland, OR 97204(503) 944-6961 Office(503) 222-7261 Fax(503) 504-2227 Cellgpitcher@williams


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OREGONWilliams Kastner

• 1983, J.D., Duquesne University School of Law• 1980, B.A., Hamilton College

Education

• Galloway v. Beckwith Machinery and Caterpillar, Inc. – Allegheny County (Pittsburgh, Pa.) Successfully defended BeckwithMachinery against products liability claims brought by plaintiff. Plaintiff claimed serious brain injury resulting from an al-leged design and manufacturing defect in a forklift truck, which had been modified and sold by defendant Beckwith.Plaintiff demanded $7,000,000 for settlement. Jury returned a defense verdict.

• Gallo v. General Motors Corp. – Allegheny County (Pittsburgh, Pa.) Plaintiff claimed unwanted, sudden acceleration of thesubject vehicle causing personal injury and property damage. Successfully defended case on behalf of client and obtaineddefense verdict after jury trial.

• Kaczor v. Icon Health and Fitness, Inc. – Federal District Court (Pittsburgh, Pa.) Successfully defended manufacturer of ex-ercise treadmill against claims that an electrical malfunction caused a fire and extensive property damage. Defense verdictobtained on behalf of client at jury trial after prevailing on Daubert motion to strike one of plaintiff’s liability experts.


Mr. Sneath has extensive federal and state court trial experience in cases involving product liability matters. He has tried over95 cases to jury and non-jury verdict in Federal and State Court jurisdictions and has helped clients resolve disputes througha variety of Alternative Dispute Resolution Procedures. He has defended manufacturers and sellers in claims and suits relatingto a wide variety of medical, pharmaceutical, recreational, industrial, and vehicular and children’s products. He served as the2011-2012 President of DRI – The Voice of the Defense Bar, a 22,000 member international organization of defense, commer-cial and corporate counsels. He has spoken and written extensively on products liability, damages and trial tactics issues.





Equipment and Goods • Electrical Equipment and Devices • Food Products

• Furniture • Hand Tools • Industrial Machinery • Ladders • Lawn Mowers and Outdoor Power

Equipment • Lifting Equipment • Medical Devices and Supplies • Pharmaceuticals, Prescription



and Safety Devices • Tires • Toys and Children’s Products • Trucks and Commercial

Transportation

Product Experience

Henry M. SneathPicadio Sneath Miller &

Norton, P.C.Four Gateway Center444 Liberty AvenueSuite 1105Pittsburgh, PA 15222(412) 288-4013 Office(412) 288-2405 Fax(412) 418-7887 [email protected]

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PENNSYLVANIAPicadio Sneath Miller & Norton, P.C.

• 1994, J.D., Temple University School of Law• 1991, B.A., The Ohio State University

Education

• Ms. Williams assisted lead trial counsel in obtaining a verdict for plaintiff injured by defective plastic injection moldingmachine during the course of his employment in a federal district court in Pittsburgh.

• Ms. Williams has defended an exercise equipment manufacturer in various matters in state court. The cases settled shortlybefore trial.

• Ms. Williams also successfully represented a manufacturer of a prefabricated metal building as lead trial counsel in an ar-bitration involving indemnification claims between the manufacturer and a co-defendant, after the underlying plaintiff’sproduct liability claim settled.

• Ms. Williams acted as local trial counsel and assisted lead trial counsel in obtaining summary judgement on behalf of anational building materials manufacturer.


Kelly Williams has over 20 years experience litigating cases, including product liability cases and personal injury defense work.Her product liability experience has involved factory machinery, equipment in the oil and gas industry, prefabricated metalbuildings, construction materials, exercise equipment and consumer food products. The percentage of Ms. Williams’ practicedevoted to product liability is approximately 30 to 40 percent.





• Industrial Machinery • Roofing Systems

Product Experience

Kelly A. WilliamsPicadio Sneath Miller &

Norton, P.C.Four Gateway Center444 Liberty AvenueSuite 1105Pittsburgh, PA 15222(412) 288-4005 Office(412) 288-2405 [email protected]

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PENNSYLVANIAPicadio Sneath Miller & Norton, P.C.

• 1991, J.D., University of Toledo College of Law• 1988, B.A., Washington and Jefferson College

Education

• Timothy Smith has successfully defended the manufacturers of forklifts, automotive tires, scissor lifts and flooring prod-ucts in the State and Federal Courts of Pennsylvania.


Timothy Smith has handled product liability matters since 1991. He has represented manufacturers, distributors and marketretailers. His experience spans from commercial to household products.


• “Recent Developments,” Transportation Lawyers Association Annual Conference, 2011• “Sleep Deprivation and Catastrophic Events,” Pennsylvania Continuing Legal Education Seminar, 2009• “Sometimes Technology Bytes – Managing Electronic Discovery,” Pennsylvania Continuing Legal Education Seminar, 2006


• Agricultural Equipment • Aircraft (Private and Commercial) • Asbestos • Automobiles • Building and Construction



Equipment and Goods • Firearms


• Flooring Systems • Food Products • Furniture • Industrial Machinery • Lawn Mowers and Outdoor Power



• Power Tools • Roofing Systems • Scaffolding • Tires • Trucks and Commercial


Product Experience

Timothy SmithPion, Nerone, Girman,

Winslow & Smith, P.C.1500 One Gateway CenterPittsburgh, PA 15222(412 ) 667-6212 Office(412) 281-3388 Fax(412) 427-2560 [email protected]

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PENNSYLVANIAPion, Nerone, Girman, Winslow & Smith, P.C.

• 1991, J.D., Villanova University School of Law• 1988, B.A., Psychology, University of Arizona, cum laude, Phi Beta Kappa

Education

• Jackson v. Louisville Ladder Inc. and W.W. Grainger Inc., USDC for the Middle District of Pennsylvania. Defense verdict inproduct liability matter involving allegations of design defects in an aluminum stepladder.

• Melquist v. Emerson Electric Co., et al, U.S.D.C. for the Western District of Pennsylvania. Defense verdict in a product liabil-ity matter involving allegations that a radial arm saw was defectively designed. The case was made more complicated byevidence of a post-sale design change which had achieved improved guarding of the saw.

• Beck v. InterMetro Industries Corporation, et al, Court of Common Pleas of Philadelphia County, Pennsylvania. Non-suitnine days into a trial wherein plaintiff alleged that a mobile warming cabinet used in food service operations was defective.

• Kinsey v. Louisville Ladder, Inc., U.S.D.C. for the Eastern District of Pennsylvania. Defense verdict in product liability mat-ter involving design defect claims regarding a mobile warehouse ladder.


J. Michael Kunsch is an AV Preeminent-rated attorney who practices in all state and federal courts in Pennsylvania and NewJersey. He concentrates his practice in the areas of product liability, commercial litigation and general litigation. Mr. Kunsch wasrecognized in 2006 as a Pennsylvania Super Lawyer – Rising Star ® and has been recognized from 2011 – 2015 as a PennsylvaniaSuper Lawyer® - Product Liability Defense. For more than twenty years, Mr. Kunsch has devoted a substantial part of his prac-tice to the representation of manufacturers and retailers in the industrial, commercial, and consumer industries, with a par-ticular emphasis in matters involving ladders and climbing equipment, power tools, household appliances, gas-fired appliances,fire sprinkler systems and recreational products. He has extensive experience defending fire and explosion litigation and cat-astrophic burn cases. In addition, Mr. Kunsch coordinates the evaluation of new claims for a number of clients, coordinatingpreservation of evidence, expert retention and conducting field investigations. He also counsels clients on issues related to e-discovery and document retention policies.


• “Lifting the Fog: Defending Against Punitive Damage Claims,” USLAW NETWORK Client Conference, San Francisco,California, September 2014

• “Supply Chain Risks and the Foreign Supplier,” USLAW NETWORK Client Conference, Dana Point, California, April 2012• “Spoliation: Still Crazy After All These Years,” Defense Research Institute Product Liability Conference, Phoenix, Arizona,

February 2008• “Assembling the Rapid Response Team: Early Investigation Strategies for Preparing a Successful Defense,” USLAW

NETWORK Client Conference, Tucson, Arizona, March 2007• “Compliance with Standards: A Barrier to Product Liability Actions?,” Wood Machinery Manufacturers of America ANSI

Compliance Workshop, Philadelphia, Pennsylvania, October 2005


• “Pre-Emption Double Standard? Manufacturers of Identical Products are Not Equal,” USLAW Magazine, Spring/Summer 2012• “Personal Jurisdiction: A Casualty of Global Commerce?” USLAW Magazine, Fall/Winter 2011• “Third Circuit Predicts Pennsylvania Supreme Court will Adopt Restatement (Third) of Torts §§ 1 and 2,” Sweeney &

Sheehan Newsletter, August 2009




Equipment and Goods • Electrical Equipment and Devices • Firearms • Fire Sprinklers and Fire Protection

Devices

• Food Products • Hand Tools • Industrial Machinery • Ladders • Lawn Mowers and Outdoor Power

Equipment • Lifting Equipment • Power Tools • Recreational Equipment

• Respiratory Protective Equipmentand Safety Devices

• Roofing Systems • Scaffolding • Tanks and Containers • Toys and Children’s Products • Trucks and Commercial

Transportation

Product Experience

J. Michael KunschSweeney & Sheehan, P.C.1515 Market Street19th FloorPhiladelphia, PA 19102(215) 963-2481 Office(215) 557-0999 Fax(610) 420-2858 Cellmichael.kunsch@

sweeneyfirm.comwww.sweeneyfirm.com

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PENNSYLVANIASweeney & Sheehan, P.C.

• 1983, J.D., Villanova University School of Law • 1980, B.S., Business Management, Pennsylvania State University

Education

• Defense Verdict in fire loss tried in United States District Court for the Western District of Pennsylvania. Successfully de-fended manufacturer of control panel of electric range alleged to have malfunctioned causing fire.

• Defense verdict in United States District Court for the District of Delaware – successfully defended manufacturer productof allegedly defective table saw on which plaintiff cut off all the fingers of his dominant hand.

• Directed verdict in Court of Common Pleas of Philadelphia County – Successfully defended against allegation that thedoor of a commercial refrigerator came off its hinges and struck the Plaintiff as a result of a design defect.


Warren E. Voter is an AV Preeminent-rated attorney who for three decades has practiced exclusively in defense oriented prop-erty and casualty litigation with a concentration in product liability, catastrophic loss, medical hardware, toxic and mass tort.In addition, he frequently serves as monitoring and coverage counsel for excess carriers and regional trial counsel and nationalcoordinating counsel for a number of product manufacturers and their insurers. He has extensive experience trying cases in-volving fire loss, power woodworking equipment, hand tools, industrial machinery and consumer and recreational products.Mr. Voter is a member of the Product Liability Advisory Council (PLAC), the Federation of Defense and Corporate Counsel(FDCC), the Defense Resarch Institute (DRI) and the Pennsylvania Defense Institute (PDI). Mr. Voter is the Past Chair of theUSLAW Product Liability Practice Group and served as a Director on USLAW’s Board. Mr. Voter has served as an instructor forthe National Institute for Trial Advocacy and has been recognized as a Pennsylvania Super Lawyer each of the last ten years.

Mr. Voter’s bar admissions include Pennsylvania, U.S. Court of Appeals for the Third Circuit and the Eastern, Middle andWestern Districts of U.S. District Court of Pennsylvania.


• Moderator/Panelist, “Distributor/Manufacturer Liability: Who Bears the Risk?” USLAW Client Conference, Dana Point,CA, April 2012

• Speaker, “No Good Deed Goes Unpunished – Post-Sale Design Changes in American Product Liability Law,” USLAW BootCamp Presentation to Lloyd’s, London, UK, June 2011

• Panelist, “E-Discovery Idol: Picking Your Next E-Discovery Vendor,” USLAW Client Conference, Washington, D.C, October 2007• Co-Presenter, “Avoiding the Burn: Living with Post-Sale Product Modification,” USLAW Product Liability Conference,

Miami, FL, January 2005


• Agricultural Equipment • Alcohol and Distilled Spirits • Asbestos • Automobiles • Beverage Containers • Boats and Ships (Commercial and




Equipment and Goods • Cosmetics • Electrical Equipment and Devices

• Electrical Wire and Cable • Firearms • Fire Sprinklers and Fire Protection

Devices • Flooring Systems • Food Products • Furniture • Hand Tools • Herbicides and Pesticides • Industrial Machinery • Ladders • Lawn Mowers and Outdoor Power

Equipment • Lifting Equipment • Medical Devices and Supplies • Mining Equipment



and Safety Devices • Roofing Systems • Scaffolding • Swimming Pools • Tanks and Containers • Tires • Toys and Children’s Products • Trucks and Commercial


Product Experience

Warren E. VoterSweeney & Sheehan, P.C.1515 Market Street19th FloorPhiladelphia, PA 19102(215) 963-2439 Office(215) 557-0999 Fax(215) 850-5490 Cellmichael.kunsch@

sweeneyfirm.comwww.sweeneyfirm.com

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PENNSYLVANIASweeney & Sheehan, P.C.

• 1986, J.D., University of South Carolina School of Law• 1980, B.A., Political Science, University of South Carolina

Education

• Successfully defended tractor manufacturer in a tractor rollover wrongful death case. Allegations involved defective de-sign and manufacture of ROPS system.

• Successfully defended a chemical manufacturer in a chemical explosion case. Allegations included failure to warn, negli-gence, and failure to inspect the receiving facility.


Mr. Barrow has handled numerous product liability cases involving design and manufacture of tractors, ladders, high-speedequipment used in manufacturing processes, overhead door, power equipment and others.




Equipment • Electrical Equipment and Devices • Electrical Wire and Cable


• Herbicides and Pesticides • Industrial Machinery • Ladders • Medical Devices and Supplies • Pharmaceuticals, Prescription


• Power Tools • Tanks and Containers • Tires • Tobacco Products • Trucks and Commercial

Transportation

Product Experience

Mark S. BarrowSweeny, Wingate &

Barrow, P.A. 1515 Lady StreetColumbia, SC 29201(803) 256-2233 Office(803) 256-9177 Fax(803) 606-9193 Cell(803) 782-0990 [email protected]

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SOUTH CAROLINASweeny, Wingate & Barrow, P.A.

• 1973, J.D., University of South Dakota• 1970, B.S., University of South Dakota

Education

Bob Riter joined the firm in 1973. His legal efforts are focused principally upon litigation and trial work in all courts in thisstate, with a concentration in the defense practice. He also spends significant time appearing before state administrative bod-ies, and engaging in lobbying and legislative work. Robert Riter has 30 years experience in a wide variety of products.Approximately 10% of his practice is devoted to products liability matters.

Professional memberships include: State Board of South Dakota (Commission and Past Chair of Ethics Committee,Administrative Law Committee and Continuing Legal Education Committee); Defense Research Institute (DRI) (StateRepresentative, 1994-1999 Member, Board of Directors, 1999-2003); South Dakota Defense Lawyers Association (Past President1994-1995); Fellow, American Bar Foundation; American Board of Trial Advocates; American College of Trial Lawyers.

Bob has lectured and given presentations before Insurance law classes at the University of South Dakota, School of Law,Continuing Education programs of the South Dakota State Bar, and Defense Research Institute (DRI) gatherings. He has alsoauthored law review articles on the patient/physician privilege and civil justice reform.


• Co-Author, “An Invitation for Lawyers’ Participation in Civil Justice Reform,” 42 South Dakota Law Review 243




Equipment


• Flooring Systems • Food Products • Herbicides and Pesticides

• Industrial Machinery • Power Tools • Recreational Equipment • Scaffolding • Tires

Product Experience

Robert C. RiterRiter, Rogers, Wattier &

Northrup, LLP319 S. CoteauP. O. Box 280Pierre, SD 57501(605) 224-5825 Office(605) 224-7102 Fax(605) 280-4669 Cell(605) 223-9315 [email protected]

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SOUTH DAKOTARiter, Rogers, Wattier & Northrup, LLP

• 1966, J.D., Vanderbilt School of Law• 1963, B.A., English, University of Notre Dame

Education

• Mr. Piovarcy successfully defended a manufacturer of heavy industrial equipment. The manufacturer was self-insured.The latest case involved a metal crusher which was alleged to be defective.

• Mr. Piovarcy has successfully defended a major retailer who sells power tools. The case involved a circular saw with respect to a claim brought by a consumer who injured his hand while using the circular saw. It was found that the consumer had failed to obey the warnings with respect to the power tool.

• Mr. Piovarcy has successfully defended pharmaceutical companies with respect to three death claims caused by a pharmaceutical which is a potent pain killer.


Mr. Piovarcy has been involved with the defense of products for the last 25 years. Product liability cases comprise approximately25% of his practice. The areas involve defense of heavy machinery, pharmaceuticals, chemicals, power tools and clothing.


• Mr. Piovarcy has prepared a paper with respect to the component part doctrine in Tennessee and presented the paper at aUSLAW client conference in 2007.


• Breast Implants • Chemicals, Solvents and Plastics • Consumer Products, Appliances,

Equipment and Goods • Electrical Wire and Cable • Food Products

• Hand Tools • Industrial Machinery • Medical Devices and Supplies • Pharmaceuticals, Prescription


• Power Tools • Trucks and Commercial

Transportation

Product Experience

Lee L. PiovarcyMartin, Tate, Morrow &

Marston, P.C.6410 Poplar AvenueSuite 1000Memphis, TN 38119(901) 522-9000 Office(901) 527-3746 Fax(901) 481-6358 [email protected]

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TENNESSEEMartin, Tate, Morrow & Marston, P.C.

• 1994, J.D., Univerisity of Memphis, high honors• 1991, B.A., English with a minor in Sociology, Vanderbilt University

Education

• Davis v. Komatsu Am. Indus. Corp., 42 S.W. 3d 34 (Tenn. 2001): Established the “component part doctrine” defense inTennessee.

• Self v. Wal-Mart Stores, Inc., Circuit Court of Phillips County, Arkansas: Defended seller of allegedly defective riding lawn-mower. Case was settled prior to trial.

• Bain v. Wyeth Pharmaceuticals, Inc., et al., United States District Court, Western District of Tennessee: Defense of distribu-tor of metoclopramide. Case currently pending.


Shea Sisk Wellford is licensed to practice in Tennessee and Arkansas and is admitted to the United States District Courts for theWestern District of Tennessee, Middle District of Tennessee, Eastern District of Arkansas, Eastern District of Michigan, theUnited States Court of Appeals for the Sixth Circuit and the United States Supreme Court. Ms. Wellford devotes the majority ofher practice to commercial litigation matters, including the defense of manufacturers, distributors and sellers of products inproduct liability actions.


• Industrial Machinery • Lawn Mowers and Outdoor Power

Equipment


• Power Tools

Product Experience

Shea Sisk WellfordMartin, Tate, Morrow &

Marston, P.C.6410 Poplar AvenueSuite 1000Memphis, TN 38119(901) 522-9000 Office(901) 527-3746 Fax(901) 210-5176 Cellsheawellford@martin

tate.comwww.martintate.com

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TENNESSEEMartin, Tate, Morrow & Marston, P.C.

• 1979, J.D., St. Mary’s University School of Law• 1974, B.A., History, Southern Methodist University

Education

• Wallace M. Williams, Jr. and Carol F. Williams, et al v. Hyon-Ho Shin, M.D., et al, Travis County Texas, 202nd Judicial DistrictCourt, No. GN203683. Medical malpractice case involving allegations that Defendants failed to diagnose severe diabeticacidosis. The trial resulted in a defense verdict.

• Linda Reeves v. Wyeth, et al, United States District Court, Eastern District of Arkansas, Western Division, MDL 4:05-CV-00163-WRW – MDL Bellwether pharmaceutical products liability case involving allegations that Plaintiff’s breast cancerwas caused by her use of hormone replacement therapy. The trial resulted in a defense verdict.

• Helen Rush v. Wyeth, et al, United States District Court, Eastern District of Arkansas, Western Division, MDL 4:05-CV-0497-WRW - MDL Bellwether pharmaceutical products liability case involving allegations that Plaintiff’s breast cancer wascaused by her use of hormone replacement therapy. The trial resulted in a defense verdict.


Ms. Bockus has over 30 years of experience as a trial lawyer. She has been first chair counsel in dozens of jury trials in a widerange of cases including cases claiming products liability, Consumer Credit Code violations, insurance bad faith, and medicaland legal malpractice defense. In the last ten years, her practice has focused primarily on products liability defense. Jane hasbeen involved in all phases of the defense of products liability cases, from the developing of defense strategies, to indentifyingand working with key experts, to successfully trying the cases to a jury. She has tried cases in State and Federal court both inand out of Texas.


• Asbestos • Breast Implants • Building and Construction


Equipment


• Industrial Machinery • Medical Devices and Supplies • Pharmaceuticals, Prescription


• Power Tools • Tires • Trucks and Commercial

Transportation

Product Experience

Jane E. BockusCox Smith Matthews

Incorporated112 E. Pecan StreetSuite 1800San Antonio, TX 78205(210) 554-5500 Office(210) 226-8395 Fax(210) 710-4517 [email protected]

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TEXASCox Smith Matthews Incorporated

• 1991, J.D., Paul M. Hebert Law Center, Louisiana State University • 1987, B.S., Louisiana State University

Education

• N/A – All product cases have settled.


Tom Fee has represented retail sellers and manufacturers of various products in Texas for over a decade. Some of the repre-sentative products Mr. Fee has defended in the past are: kitchen and laundry appliances, heating and air conditioning units,watercraft, amusement and water park rides, cosmetics, construction/farm equipment, fire protection systems, motor homesand numerous retail sellers of automobiles and motorcycles. Tom Fee is Board Certified in Personal Injury Trial Law and hasbeen since 1998. He is an AV Preeminent Rated attorney by Martindale-Hubbell. Mr. Fee was selected by D Magazine in 2013and 2014 as one of the Dallas’ Best Products Liability and Tort Lawyers. Tom has also been selected by Texas Monthly Magazineas a Super Lawyer from 2005-2014.


• Panelist – “Mega Verdicts,” Products Liability Tract, USLAW Conference, Spring 2009


• Agricultural Equipment • Automobiles • Boats and Ships (Commercial and





• Cosmetics • Fire Sprinklers and Fire Protection

Devices

• Furniture • Industrial Machinery • Lifting Equipment • Motorcycles and Recreational

Vehicles

Product Experience

Thomas W. FeeFee, Smith, Sharp &

Vitullo, L.L.P.Three Galleria TowerSuite 100013155 Noel RoadDallas, TX 75240(972) 980-3259 Office(972) 934-9200 Fax(214) 418-0300 [email protected]

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TEXASFee, Smith, Sharp & Vitullo, L.L.P.

• 1991, J.D., Louisiana State University• 1988, B.S., Finance, Louisiana State University

Education

• Jason Richards v. Lasco Manufacturing; U.S. District Court for the Eastern District of TX; Case involving an alleged defec-tive fan that caught on fire in an equestrian barn and killed a valuable stallion. Case settled prior to trial.

• Rodger Hill v. Hewelett-Packard Company; Tarrant County, TX; Case involving an alleged defective battery in Plaintiff’s lap-top computer that caught on fire and the fire spread through Plaintiff’s residence. Case settled prior to trial.

• Elizabeth Kohler v. Elizabeth Arden Spas, Inc., et al; Dallas County, TX; Case involving alleged damages as a result of chemi-cal glue adhesive used to adhere hair extensions to Plaintiff’s hair. Plaintiff non-suited all Defendants.


Mike Sharp has been involved with products liability law for over 15 years representing international and national productsmanufacturing companies in federal and state courts throughout Texas. Mike has tried numerous wrongful death and cata-strophic injury cases to verdict in these courts. Mike is a member of the USLAW Products Liability Practice Group. Over 20% ofMike’s practice is dedicated to the representation of product manufacturers and distributors.


• “What’s it Worth?,” Council on Litigation Management Annual Conference, 2011• “Preparing & Presenting The Corporate Representative,” ATA Litigation Forum for Motor Carrier General Counsel


• Beverage Containers • Construction Products, Vehicles and


Equipment and Goods

• Cosmetics • Herbicides and Pesticides • Roofing Systems • Toys and Children’s Products


• Windows

Product Experience

Michael P. SharpFee, Smith, Sharp &

Vitullo, L.L.P.Three Galleria TowerSuite 100013155 Noel RoadDallas, TX 75240(972) 934-9100 Office(972) 934-9200 Fax(214) 418-3400 Cell(214) 363-7373 [email protected]

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TEXASFee, Smith, Sharp & Vitullo, L.L.P.

• 1981, J.D., University of Houston• 1978, B.A., Economics, University of Texas

Education

• Cavazos v. GlaxoSmithKline, Brownsville, Texas. Defense verdict in product liability wrongful death case with allegations ofinadequate warnings and marketing practices.

• Dolard v. Burroughs Wellcome, Houston, Texas. Defense verdict in a wrongful death case of a four-year-old boy who acci-dentally ingested several drops of a flea dip emulsion. Plaintiffs alleged the child resistant cap failed and that the productwas inherently too dangerous. The jury assigned responsibility to the mother.

• Haltom v. Bayer Corporation and GlaxoSmithKline, Corpus Christi, Texas. The Plaintiffs non-suited our client,GlaxoSmithKline, two weeks before trial.


Brian P. Johnson practices in all state and federal courts in Texas. Additionally, he is frequently admitted pro hac in a numberof states around the country in his role as national coordinating counsel for one of the world’s largest pharmaceutical compa-nies. Mr. Johnson practices in the areas of product liability litigation, commercial litigation and medical malpractice. He pri-marily focuses on drug and medical device litigation. He has been honored by America’s Best Lawyers and recognized as a TexasSuper Lawyer. Mr. Johnson has been board certified in personal injury trial law since 1987. He has extensive trial experiencethroughout Texas and has served as Texas regional counsel for several mass tort litigations.


• “Dealing with Sympathy in Closing Argument in Catastrophic Injury Cases,” DRI Drug and Medical Device Conference,Chicago, IL, May 2011


• Chemicals, Solvents, and Plastics• Herbicides and Pesticides• Medical Devices and Supplies


Product Experience

Brian P. JohnsonJohnson, Trent, West &

Taylor, L.L.P.919 Milam, Suite 1700Houston, TX 77002(713) 222-2323 Office(713) 222-2226 Faxbjohnson@johnson

trent.comwww.johnsontrent.com

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TEXASJohnson, Trent, West & Taylor, L.L.P.

• 1991, J.D., Georgetown University Law Center, cum laude• 1988, B.A., Political Science, B.A., Spanish, Vanderbilt University, magna cum laude

Education

• Civil Action No. 4:08CV249; Maria Rodriguez Trenado, Individually and as Representative of the Estates of Her Spouse,Martin Ramon Trenado, Deceased, and of her son Jose Trenado, Deceased, and Emanuel Trenado, Individually, and JessicaTrenado, Individually v. Cooper Tire & Rubber Company, an Delaware Corporation, and Sears, Roebuck and Co., d/b/a SearsAuto Center; United States District Court, Southern District of Texas. This was a double death case and multiple injury caseinvolving the tread/belt separation of a rear Cooper tire on a van. The case was tried and a defense verdict was rendered inSeptember 2010.

• Angel Silva, et al. v. Bridgestone Americas Holding, Inc., et al.; In the Superior Court of the State of California, County of LosAngeles, Central District. This was a single death case involving the tread/belt separation of a Firestone tire on a FordRanger. The case was tried and a defense verdict was rendered in July 2009.

• Cause No.: 2005-1364; Elio Viramontes v. Four Wheel Center Inc., et al.; In 346th Judicial District Court of El Paso County,Texas. This was a significant injury case of a man servicing a large off road tire that exploded while being mounted on awheel. After a four week trial beginning in January 2009, and after closing arguments, Chris’ client was dismissed beforethe jury deliberated.


T. Christopher "Chris" Tent has been licensed to practice law in the State of Texas since 1991. His product liability trial practiceinvolves the representation of many product manufacturers, including multiple tire, motorcycle, recreational vehicle, helmetand tank/cylinder manufacturers and other industrial equipment. Chris also handles mass torts, toxic torts, construction, andcommercial litigation.

Chris serves on a national trial/expert team for one of the world's largest tire manufacturers in product liability matters andhas participated in pre-trial matters and/or trials in Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, George,Louisiana, Mississippi, Montana, Nevada, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee,Texas, Utah, Washington, West Virginia and Puerto Rico. Chris serves as a national counsel for one of the largest motorcycle man-ufacturers in product liability claims associated with particular types of crashes. Chris also serves as a national counsel for oneof the world's largest industrial gas companies in product liability, mass tort, toxic tort, and commercial litigation.

Chris is regional counsel for two prominent tire manufacturers and an industry leading recreational vehicle manufacturerhandling cases in Texas, Oklahoma, New Mexico, Kansas and other portions of the United States.

In addition to his trial practice, Chris has argued appellate matters in Texas State Appellate Courts and the U.S. Court ofAppeals for the Fifth Circuit.

Chris has been honored as a Texas "Super Lawyer" yearly since 2005.


• Aircraft (Private and Commercial) • Automobiles • Boats and Ships (Commercial and

Pleasure) • Chemicals, Solvents and Plastics • Construction Products, Vehicles and

Equipment


• Electrical Wire and Cable • Food Products • Industrial Machinery • Motorcycles and Recreational

Vehicles

• Roofing Systems • Tanks and Containers • Tires • Trucks and Commercial

Transportation

Product Experience

T. Christopher TrentJohnson, Trent, West &

Taylor, L.L.P.919 Milam, Suite 1700Houston, TX 77002(713) 222-2323 Office(713) 222-2226 Fax(281) 948-1826 [email protected]

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TEXASJohnson, Trent, West & Taylor, L.L.P.

• 1978, J.D., Brigham Young University• 1975, B.S., Psychology, University of Utah, magna cum laude, Phi Beta Kappa

Education

• National Serv. Indus. v. B.W. Norton Mfg. Co., 937 P.2d 551, (Utah Ct. App; 1997)• Bishop v. GenTec, 48 P.3d 281 (Utah 2002)• Sullivan v. Scoular Grain Co., 853 P.2d 877, (Utah 1993)


Paul has nearly 30 years of experience representing clients in product liability cases. He handles matters involving litigatedclaims, administrative claims, arbitration, mediation or negotiation of legal issues and helps clients resolve claims before liti-gation through alternative dispute forums when possible. He has successfully defended large product liability cases rangingfrom construction products to power equipment. In addition to these products, he has defended cases involving motor vehicle/wrecker design and manufacturing equipment.

Paul has extensive experience in all stages of litigation in both state and federal courts, including jury trial and appellate prac-tice. He has experience trying cases before both United States District courts and Utah State Trial Courts. He has argued over 25cases in appellate courts including before the Utah Supreme Court, Utah Appellate Court, and 10th Circuit Court of Appeals.





Equipment and Goods • Fire Sprinklers and Fire Protection

Devices • Herbicides and Pesticides • Industrial Machinery


• Locomotives and LocomotiveEquipment

• Power Tools • Tanks and Containers

Product Experience

Paul M BelnapStrong & Hanni, PC102 South 200 EastSuite 800Salt Lake City, UT 84111(801) 323-2010 Office(801) 596-1508 Fax(801) 839-9778 Cell(801) 544-9282 Homepbelnap@strongand

hanni.comwww.strongandhanni.com

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UTAHStrong & Hanni, PC

• 1999, J.D., Gonzaga University, cum laude• 1994, B.A., Political Science, Brigham Young University

Education

Michael has first chair jury trial experience where he has successfully defended his clients in a number of trials. Michael’s prac-tice includes representing medical device, pharmaceutical and tire manufacturers in product liability litigation. Michael alsohas experience handling cases involving automobile defects, industrial machinery and lawn mower injuries. Prior to joiningStrong & Hanni in 2002, Michael practiced in Spokane, Washington at the law firm of Richter-Wimberely (1999-2002). While inWashington, Michael represented clients in litigation involving medical malpractice, commercial disputes and product liabil-ity. Michael has authored several articles and is a regular presenter on topics important to clinical trial professionals and prod-uct manufacturers. He holds leadership positions in DRI’s Drug and Medical Device Committee.


• Automobiles • Consumer Products, Appliances,

Equipment and Goods • Industrial Machinery




• Tires

Product Experience

Michael J. MillerStrong & Hanni, PC102 South 200 EastSuite 800Salt Lake City, UT 84111(801) 323-2115 Office(801) 596-1508 Fax(801) 243-4963 Cellmmiller@strongand

hanni.com www.strongandhanni.com

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• “Update of the Consumer Product Safety Act’s Information Database,” Five-Minute Drill, USLAW Spring Conference,March 2009

• “Probing Indemnification in Clinical Trials,” Association of Clinical Research Professionals (Salt Lake Chapter), FallMeeting, October 2008


• “Pharmaceutical Direct-to-Consumer Advertising Regulations: A Model for Regulating, For the Defense,” October 2011• “Whistleblowers and State Attorneys General: Warnings from the Consumer Product Safety Improvement Act of 2008,” Rx

for the Defense, Fall 2008• “Severe Sanctions for Repeated Violations of Protective Orders of Confidentiality,” Rx For the Defense, Winter 2007


• 1986, J.D., University of Utah, Winner Roger J. Traynor Moot Court Competition, 1984-1985, Vice Chancellor, Roger J.Traynor Moot Court Society, 1985-1986

• 1982, B.A., Political Science, Brigham Young University, magna cum laude

Education

• Safeway v. Union Pointe Construction, (U.S. District Ct., Utah; 2005)• Traveler v. Peterson, (3rd District Salt Lake County)


Stephen J. Trayner has been practicing law since 1986 and has extensive experience defending product liability, premises lia-bility, transportation, and commercial litigation cases. As the firm’s products liability practice group leader, he has successfullydefended product liability matters for an array of manufacturers and clients.

He was invited in 2008 to become a Fellow in the American College of Trial Lawyers, an honor restricted to no more than 1%of practicing attorneys in the United States, based upon his professionalism and extensive and highly successful history of jurytrials. He has successfully tried to conclusion more than fifty jury trials in Utah state and federal courts and argued appeals be-fore Utah appellate courts and the 10th Circuit Court of Appeals.



• Chemicals• Construction Products• Consumer Products, Appliances,

Equipment and Goods


• Fireplaces and Stoves• Food• HVAC Systems

• Industrial Machinery andEquipment

• Medical Devices• Propane Devices• Sporting Goods and Equipment• Swimming Pool Equipment

Product Experience

Stephen J. TraynerStrong & Hanni, PC102 South 200 EastSuite 800Salt Lake City, UT 84111(801) 323-2010 Office(801) 596-1508 Faxstrayner@strongand

hanni.comwww.strongandhanni.com

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• 1999, J.D., University of Richmond School of Law, cum laude, Order of the Barristers (for outstanding oral advocacy), MootCourt Board President, National Moot Court Team, National Negotiations Team

• 1997, Cambridge University, Summer Program concentrating on International Law and Law of the European Community• 1993, B.A., Communications, Virginia Tech

Education

• Atlantic Bulk Carrier v. Milan Express Co., Inc., 2010 Lexis 74995 (E.D.Va. 2010)• Sprouse v. Am. Tire Distrib., Inc. et al., 2009 WL 1404735 (E.D.Va. 2009) • Carter v. Hitachi Koki U.S.A., Ltd., 445 F. Supp. 2d 597 (E.D. Va. 2006)


Mr. Seyfarth focuses on business and financial services litigation, and products liability defense. He also has considerable ex-perience in class action litigation. He helps business clients with commercial disputes, intellectual property matters, businesstorts and contract disputes. He frequently helps clients with risk management issues and litigation avoidance. He representsfinancial services providers in defense of class action and single-plaintiff actions involving federal consumer protection statutesincluding the Fair Credit Reporting Act, Truth in Lending Act and Equal Credit Opportunity Act. He has particular experiencein claims regarding the enforceability of class arbitration provisions. He defends designers, manufacturers and sellers againstclaims of alleged product defects. He handles cases involving catastrophic injury or death, and products including manufac-turing and industrial equipment, chemicals, automobiles, planes and aircraft, consumer electronics, power tools, and sportsand recreational equipment. He also defends actions involving sports and recreational facilities, including cases against ski re-sorts and sporting facilities.


• “Legal Update,” National Ski Areas Association, Wintergreen, Virginia, October 2010• “Legal Update,” National Ski Areas Association, Wisp, Maryland, October 2008• “The Enforceability of Class Action Waiver Provisions in Arbitration Agreements,” DRI Business Suit, April 2008• “The Enforceability of Class Action Waiver Provisions in Arbitration Agreements,” PLBA, Elbow Beach, Bermuda,

November 2007


• Aircraft (Private and Commercial) • Automobiles • Chemicals, Solvents and Plastics


• Electrical Equipment and Devices • Hand Tools

• Industrial Machinery • Power Tools • Recreational Equipment

Product Experience

Charles K. SeyfarthLeClairRyan951 East Byrd Street8th FloorRichmond, VA 23219(804) 916-7159 Office(804) 916-7259 Faxcharles.seyfarth@

leclairryan.comwww.leclairryan.com

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VIRGINIALeClairRyan

• 1993, J.D., University of Virginia School of Law • 1984, M.B.A., College of William & Mary • 1981, B.A., Economics, University of Virginia

Education

Mr. Yates represents clients in all forms of civil trial practice with an emphasis in tort defense, transportation cases premises li-ability and construction law. He has successfully tried more than 85 jury trials in state and federal courts throughout Virginia.In addition to his primary practice areas, he has significant experience in cases involving fraud, business torts, commercialand residential landlord tenant matters and will contests.


• Agricultural Equipment • Alcohol and Distilled Spirits • Aircraft (Private and Commercial) • Asbestos • Automobiles • Building and Construction


Equipment


• Electrical Equipment and Devices • Firearms • Flooring Systems • Food Products • Industrial Machinery • Lawn Mowers and Outdoor Power

Equipment

• Lifting Equipment • Power Tools • Recreational Equipment • Roofing Systems • Scaffolding • Trucks and Commercial

Transportation

Product ExperienceH. Robert YatesLeClairRyan123 East Main StreetSuite 800Charlottesville, VA 22902(434) 245-3425 Office(434) 296-0905 Fax(804) 248-8709 Cellrobert.yates@

leclairryan.comwww.leclairryan.com

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VIRGINIALeClairRyan

• 1984, J.D., Seattle University, cum laude• 1981, B.S.E., Civil Engineering, Princeton University

Education

Bob, as National Counsel, oversees and manages National, Regional and Local Trial Counsel all over the country. In the last twoyears, his trial teams have obtained nine consecutive defense verdicts/judgments.


Bob Manlowe is a member in Williams Kastner’s Seattle office and has more than 25 years of experience in product liability de-fense. His practice involves product liability, Complex Litigation Management, ESI/e-Discovery consultation services and cri-sis management. He serves as National Coordinating Counsel for clients involved in mass tort cases. He serves on the CrisisManagement Teams for several companies in the product manufacturing, construction and industrial sectors. Mr. Manlowe ispast chair of Williams Kastner’s Product Litigation and Mass Torts Practice Group and chairs the ESI/e-Discovery ConsultingServices Team. He served on the Board of Directors for the International Association of Defense Counsel (“IADC”) from 2005-2008. Mr. Manlowe founded the IADC’s ESI/e-Discovery Task Force and designed the IADC’s ESI/e-Discovery strategic initia-tive. In addition, Mr. Manlowe serves on the Lawyers for Civil Justice (“LCJ”) E-discovery Committee.


• Moderator, “Navigating the Stormy Waters of Cyber Security: Do not be afraid!" IADC Corporate Counsel College, Chicago,Illinois, April 10, 2014.

• Moderator, “Law Office 2020 – See the Future Today!,” IADC Midyear Meeting, Carlsbad, CA, February 11, 2014• Speaker, “21st Century Crisis Management: From Catastrophic Incident Response to Cyber Information Breach,” Oregon

Governor’s Occupational Safety & Health (GOSH) Conference, Portland OR, March 6, 2013• Moderator, “Cloudy Days Ahead: Cloud Computing and Litigation,” IADC Annual Meeting, Asheville, North Carolina, July

11, 2012• Co-Moderator, “Presenting Your Case With a Tablet” IADC Regional Meeting, Seattle, WA, May 22, 2012• Co-Speaker, “Linear ‘No Threshold’ Model of Asbestos Disease Causation: How to Defeat or Exclude,” IADC Midyear

Meeting, Rancho Mirage, CA, February 14, 2012• Co-Speaker, “The Effective Use of Courtroom Technology,” IADC Annual Meeting, Whistler, BC, July 12, 2011


• Co-Author, “Literature Refuting Single-Fiber Theory and Zero-No-Threshold/Linear-Dose Model,” February 2012• Co-Author, “Paradigm Shifts in e-Discovery Litigation: Cooperate or Continue to Pay Dearly, “ Defense Counsel Journal,

April 1, 2011• Co-Author, “An Inconvenient Forum – Reining In E-Discovery in the United States,” Metropolitan Corporate Counsel,

February 2011


• Agricultural Equipment • Aircraft (Private and Commercial) • Asbestos • Automobiles • Building and Construction


Equipment


• Electrical Equipment and Devices • Food Products • Industrial Machinery • Ladders • Lifting Equipment • Respiratory Protective Equipment

and Safety Devices

• Roofing Systems • Scaffolding • Tanks and Containers • Tires • Toys and Children’s Products • Trucks and Commercial


Product Experience

Robert (Bob) C.ManloweWilliams KastnerTwo Union Square601 Union StreetSuite 4100Seattle, WA 98101(206) 628-2777 Office(206) 628-6611 Fax(206) 423-0278 Cellbmanlowe@williams


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WASHINGTONWilliams Kastner

• 1987, J.D., University of Tennessee College of Law• 1984, B.A., Furman University

Education

• Turner v. ON Marine – Asbestos, settled after arguing motions in limine and successfully excluding testimony from plain-tiff’s key expert, USDC – WA.

• Clauson v. Ashland, Inc. – Asbestos, three-week jury trial in WA Superior Court. Settled on first day of jury deliberations foramount offered at mediation before trial.

• Holloway v. LinkBelt – Crane, two-week jury trial, USDC. Verdict in favor of plaintiff for $125,000. • Saucier v. DePuy – Medical device, three-week jury trial in WA Superior Court. Hung jury – plaintiff dismissed case.


Rod Umberger is a member in the Seattle office, where he chairs the Business Litigation Practice Group and has served on theBoard of Directors. He is a trial lawyer with more than 25 years of experience in the courtroom.

Mr. Umberger’s product liability experience includes defending pharmaceutical companies and medical device manufac-turers in state and federal courts and in multidistrict national litigation. He has served as both National Coordinating Counseland MDL Counsel in national product liability litigation and has developed significant knowledge and experience in address-ing issues that arise in multidistrict litigation. He has defended manufacturers of construction products, firearms, PVC pipes,heavy agricultural machinery and industrial equipment and machinery in wrongful death and catastrophic injury cases. Hisproduct liability practice also encompasses consumer products and toxic torts, and he serves on two national trial counselteams in asbestos litigation.

Mr. Umberger has been named to Super Lawyers by Super Lawyers magazine for several years and recently was one of onlysixteen attorneys in the state of Washington recognized as a top civil litigation defense attorney by the Corporate Counsel Editionof Super Lawyers magazine. He has been “AV Preeminent” peer review rated by Martindale-Hubbell since 1998.

Mr. Umberger is a member of the American Bar Association – Product Liability Committee, Defense Research Institute –Product Liability Committee, Washington Defense Trial Lawyers and the International Association of Defense Counsel.


• “21st Century Trial Presentation Techniques,” USLAW NETWORK Corporate Counsel and Product Liability ExchangeConference, Dallas, Texas, February 2014

• “Defense Perspective on Corporate Designee Depositions under FRCP 30(b)(6),” USLAW NETWORK Fall Conference,Vancouver, British Columbia, October 4, 2013

• “Cutting-Edge Settlement and Defense Strategies for Complex Litigation,” USLAW NETWORK Spring Client Conference,Laguna Beach, CA, April 10-14, 2012

• “New and Enduring Issues in Asbestos Litigation,” HB Litigation Conference – Emerging Trends in Asbestos Litigation,Marina del Rey, California, March 4-5, 2010

• “Pressure Points: Today’s Challenges in Building & Maintaining Top-Notch In-House/Outside Counsel Teams,” LexisNexisMartindale-Hubbell Counsel to Counsel Series, Seattle, Washington, October 29, 2009


• Agricultural Equipment• Asbestos• Chemicals, Solvents and Plastics• Construction Products, Vehicles and

Equipment• Consumer Products, Appliances,

Equipment and Goods

• Electrical Equipment and Devices• Firearms• Food Products• Industrial Machinery• Medical Devices and Supplies


• Tanks and Containers• Trucks and Commercial

Transportation

Product Experience

Rodney L. UmbergerWilliams KastnerTwo Union Square601 Union StreetSuite 4100Seattle, WA 98101(206) 628-2421 Office(206) 628-6611 Fax(206) 755-6369 Cellrumberger@williams


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WASHINGTONWilliams Kastner

• 1999, J.D., University of Minnesota • 1989, B.A., University of Wisconsin-Madison

Education

• Bowers v. Larsen Cooperative – Cattle feed provider sued for allegedly “poisoning” dairy herd over course of several years.Farm sought approximately $4 million in damages. Jury verdict for defense.


Paul Curtis has been handling product liability cases for over 15 years. The primary focus of his product liability practice is de-fending animal feed manufacturers, producers, mills, etc. from “bad feed” claims, however, he has handled more traditionalproduct liability cases including, for example, defending a major nation-wide manufacturer in a “degloving “ injury case.


• Agricultural Equipment • Food Products • Industrial Machinery

Product Experience

Paul D. CurtisAxley Brynelson, LLP 2 E. Mifflin St., Ste. 200Madison, WI 53703(608) 283-6768 Office(608) 257-5444 Fax(608) 577-7825 [email protected]

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WISCONSINAxley Brynelson, LLP

• 2000, J.D., University of Wyoming College of Law• 1997, B.A., English with minor in American Indian Studies, University of Wyoming

Education

• Mr. Neville has handled numerous cases involving electrical switch gears (catastrophic burns, industrial cranes (traumaticbrain injury), oil and gas drilling masts (catastrophic vertebral crush and herniation; lost profits/commercial injury),water well pumps (death by electrocution), automated gates (career ending ligament and joint injury), manufactured steelroofing (lost profits/commercial injury), gear boxes (lost profits/commercial injury), and other products causing cata-strophic injury to individuals. He has also handled a number of mesothelioma/asbestos matters (wrongful death) as wellas over-the-counter products liability cases involving ephedra (sudden cardiac death). Representative trials include thesuccessful defense of numerous physicians, oil and gas drilling companies and individuals.


Mr. Neville has been defending personal injury cases for the past 12 years, primarily handling injury and wrongful death casesinvolving vehicles, medical negligence, products liability and catastrophic work-related injuries in the oil and gas industry. Hepractices in all state and federal courts in Wyoming. He has defended cases on behalf of manufacturers and distributors withroughly 20% of his practice involving products liability cases and injuries. While the overwhelming majority of Mr. Neville’scases involve injury, a number of products liability matters have involved the failure of products while in service resulting inmultimillion dollar damages to business pursuits.


• Mr. Neville frequently lectures to the Wyoming State Bar regarding litigating cases in federal courts, civility and the prac-tice of law for the Young Lawyers Division.

• He also provides lectures to insurance companies, adjustors and other lawyers with respect to claim handling strategies.





• Electrical Equipment and Devices • Fire Sprinklers and Fire Protection

Devices


• Recreational Equipment • Roofing Systems

Product Experience

Jason A NevilleWilliams, Porter, Day

& Neville PC159 N. Wolcott, Suite 400PO Box 10700Casper, WY 82601(307) 265-0700 Office(307) 266-2306 Fax(307) 262-2413 [email protected]

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WYOMINGWilliams, Porter, Day & Neville PC

• 1997, LL.B., University of Alberta• 1993, B.A., Simon Fraser University

Education

• Represented manufacturer of winch truck used in oilfield against claim of improper and unsafe manufacture; operatorbrain injured, claiming $25M; successful dismissal of case in its entirety on duty to warn argument and limitation period

• Claim against defective heater causing $300K fire damage to shed full of vintage vehicles; successful discontinuance ofclaim after experts cast doubt on cause of fire

• Represented agricultural equipment heater manufacturer after fire and obtained discontinuance of claim


Kimberley Bufton has been practicing in the product liability area for 10 years. She has experience in oilfield equipment fail-ures; construction machinery, tools failures/defects; underground tanks, heaters, vehicles, and pipelines. Kimberley devotes40% of her practice to this area.

Kimberley focuses her practice in the areas of insurance defense and commercial litigation. She is experienced with claimsinvolving product liability, manufacturer’s liability, professional liability, occupiers’ liability, construction, municipal and com-mercial host liability, and serious personal injury. She has effectively dealt with matters pertaining to breaches of confiden-tiality and fiduciary duties. Kimberley has conducted trials at the Court of Queen’s Bench and appeared before the AlbertaCourt of Appeal.




Equipment


• Electrical Equipment and Devices • Electrical Wire and Cable • Furniture • Industrial Machinery

• Tanks and Containers • Toys and Children’s Products • Trucks and Commercial

Transportation

Product Experience

Kimberley BuftonParlee McLaws LLP3300 TD Canada Trust

Tower421 – 7 Avenue SWCalgary, Alberta, Canada

T2P 4K9(403) 294-3455 Office(403) 767-8861 [email protected]

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CANADA – ALBERTAParlee McLaws LLP

• 1986, LL.B., University of Alberta• 1983, B.A., University of Alberta, Political Science and Economics

Education

• None have gone to trial as they were resolved prior to trial.


Jerri L. Cairns has 25 years experience and 50% of her practice is in the area of product liability.Jerri was Managing Partner of our firm from 2008 to 2014. Jerri became a Partner in the Edmonton office in 1993. Her prac-

tice is focused on civil litigation, particularly in the area of insurance defence litigation. Jerri's practice includes products lia-bility, personal injury, professional liability and construction law.

Jerri has notable trial experience serving as lead counsel on numerous matters involving large loss claims, coverage issues,products liability, professional liability and personal injury claims. Her experience includes a number of lengthy trials and ap-pearances at all levels of appeal.

Jerri regularly appears at seminars to speak on issues related to the insurance sector. She has also volunteered and taught atthe Bar Admission program on advocacy topics.


• Seminars done have related to coverage issues and use of experts.




Equipment and Goods

• Electrical Equipment and Devices • Electrical Wire and Cable • Food Products • Furniture • Ladders

• Lifting Equipment • Recreational Equipment • Swimming Pools • Tires • Trucks and Commercial

Product Experience

Jerri L. CairnsParlee McLaws LLP1500 Manulife Place 10180-101 StreetEdmonton, Alberta,

Canada T5J 4K1(780) 423-8638 Office(780) 423-2870 Fax(780) 221-3222 [email protected]

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• 1984, LL.B., University of Alberta• 1981, B.A., University of Alberta

Education

Greg has successfully litigated a wide variety of civil litigation matters and commercial litigation matters including energy relatedmatters. Greg’s trial and appeal experience is extensive and he has appeared before every level of court in Alberta. Greg has alsoappeared before several administrative tribunals. He has been involved in the resolution of numerous disputes, using mediation,judicial dispute resolution and other ADR forums. Greg became a partner in Parlee McLaws in 1990. He has served on a num-ber of firm committees, including the Executive Committee, and a term as Managing Partner of the firm’s Edmonton office.


Gregory W. JaycockParlee McLaws LLP3300 TD Canada Trust

Tower421 – 7 Avenue SWCalgary, Alberta, Canada

T2P 4K9(403) 294-7019 Office(403) 767-8888 [email protected]

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• 2005, LL.B., University of British Columbia • 2001, B.A., University of British Columbia

Education

• Conducting the defence of a major international airplane manufacturer in a recent complex multiparty product liabilityaction resulting from an alleged engine failure and crash of a single engine airplane involving fatality and serious injury topassengers. Result: settlement involving contribution from multiple parties at a two-day mediation in Vancouver.

• Conducting the defence of a major United States-based engine manufacturer in two unrelated complex multi-party prod-uct liability actions resulting from engine failures and crashes of single engine helicopters in British Columbia resulting inmultiple fatalities and serious personal injuries, respectively. Result: settlement before trial in each instance.

• Conducting the defence of a United States-based helicopter engine overhauler in a negligence action resulting from anengine failure and accident in which the aircraft was a total loss and the pilot of the helicopter was fatally injured. Result:settlement before trial.

• Conducting the defence of a large United States-based manufacturer of plumbing and toilet materials against a variety ofwater damage claims and allegations grounded in product liability. Result: files ongoing.


Mark Gallagher is an experienced litigator, having been called to the bar in 2006 and focusing mainly on commercial litigationsince articling. In recent years, his practice has been approximately 25% product liability matters, mostly within the aviationindustry. Mark combines extensive Courtroom experience and advocacy skills with a determination to find economical solu-tions and relief for his clients. Mark recognizes the value of practical, forward-looking legal advice at every stage of a matter, andstrives to let that permeate his practice.


• Aircraft (Private and Commercial) • Building and ConstructionEquipment

• Tanks and Containers

Product Experience

Mark GallagherKelly Santini LLP160 Elgin StreetSuite 2401Ottawa, Ontario K2P 2P7(613) 238-6321 Office(613) 233-4553 Faxmgallagher@

kellysantini.comwww.kellysantini.com

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CANADA – ONTARIOKelly Santini LLP

• 2005, LL.B., Université de Montréal

Education

Philippe Chagnon was called to the bar in 2007. He began his practice in another firm, representing major insurers in all aspectsof civil litigation. His practice includes debt recovery, commercial and business litigation, civil litigation and insurance law. Hehas a particular focus on product liability, representing both Plaintiffs and Defendants.





Equipment and Goods

• Electrical Equipment and Devices • Electrical Wire and Cable • Fire Sprinklers and Fire Protection

Devices • Flooring Systems • Food Products • Furniture

• Industrial Machinery • Recreational Equipment • Roofing Systems • Tanks and Containers • Trucks and Commercial


Product ExperiencePhilippe ChagnonTherrien Couture

Lawyers L.L.P.4605-BLapinière Blvd., #350Brossard, Québec J4Z 3T5(450) 773-6326 Office(514) 335-9797 Faxphilippe.chagnon@

therriencouture.comwww.therriencouture.com

97®

CANADA – QUEBECTherrien Couture Lawyers L.L.P.

• 1991, LL.M., International Banking Law, Boston University • 1987, Quebec Bar• 1986, LL.B., Université Laval

Education

• Ferme avicole Héva inc. c. Coopérative fédérée de Québec (portion assurée), 2008 QCCA 1053• Represented three farms in a one week appeal hearing relating to a salmonella outbreak which caused damages that were

claimed against the supplier of the poultry in a 72-day trial hearing.


Jean-Luc Couture is a founding shareholder and is a resident of the firm’s Brossard, Quebec office. He represents and advisesmany companies in the food industry, and has extensive experience representing clients before the Board of agricultural andfood markets and in other complex litigation. Jean-Luc Couture has practiced in the field of Product Liability for 27 years of hiscareer and 20% of his practice is dedicated to this area of the law.


• Speaker at the Third Annual Canadian Summit on Food Safety on April 25th, 2007. The conference entitled was“Protecting the Customer and your Company.”



Equipment


• Food Products

• Herbicides and Pesticides • Industrial Machinery • Lifting Equipment

Product Experience

Jean-Luc CoutureTherrien Couture

Lawyers L.L.P.4605-BLapinière Blvd., #350Brossard, Québec J4Z 3T5(450) 462-8555 Office(450) 462-5955 Faxjean-luc.couture@

therriencouture.comwww.therriencouture.com

98®

CANADA – QUEBECTherrien Couture Lawyers L.L.P.

USLAW SourceBook®

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SOURCEBOOKUSLAW NETWORK offers legal decision

makers a variety of complimentary

products and services to assist them

with their day-to-day operation and

management of legal issues. The USLAW

SourceBook provides information re-

garding each resource that is available.

We encourage you to review these and

take advantage of those that could

benefit you and your company. For

additional information, simply contact

Roger M. Yaffe, USLAW CEO, at

[email protected] or (800) 231-9110, ext. 1.

USLAW is continually seeking to ensure

that your legal outcomes are successful

and seamless. We hope that these re-

sources can assist you. Please don't hes-

itate to send us input on your

experience with any of the products or

services listed in the SourceBook as well

as ideas for the future that would benefit

you and your fellow colleagues.

A TEAM OF EXPERTSUSLAW NETWORK undoubtedly has some of the most knowledgeable attorneys in theworld, but did you know that we also have the most valuable corporate partners inthe legal profession? Don’t miss out on an opportunity to better your legal game planby taking advantage of our corporate partners’ expertise. Areas of expertise includeforensic engineering, court reporting, jury consultation, e-discovery, forensic account-ing, structured settlements, investigation and legal animation services.

EDUCATION

It’s no secret – USLAW can host a greatevent. We are very proud of the industry-leading educational sessions at our semi-annual client conferences, seminars, andregional meetings. Reaching from na-tional to more localized offerings,USLAW member attorneys and theclients they serve meet throughout theyear not only at USLAW hosted events butalso at many legal industry conferences. CLEaccreditation is provided for most USLAWeducational offerings. For a complete listing of programs, pleasecheck our Events and ActivitiesCalendar on the home page of USLAWConnect.

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What is the value in having individual access to 4-8 highly experienced USLAWmember attorneys from around the country and around the world (if necessary)roundtable specific issues you may be facing including actual cases or hypotheti-cals? USLAW is pleased to provide this free consultation which will give you asense of comfort that you are managing a specific issue/case in an appropriatemanner and make you aware of unforeseen roadblocks and variables that maypop up. It never hurts to phone a friend!

LAWMOBILE COMPENDIUMS OF LAW

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USLAW ON CALL

USLAW regularly produces new and updates existingCompendiums providing a multi-state resource that permitsusers to easily access state common and statutory law.Compendiums are easily sourced on a state-by-state basis andare developed by the member firms of USLAW. CurrentCompendiums include: Retail, Spoliation of Evidence,Transportation, Construction Law, Nullum Tempus, Workers’Compensation, Surveillance, Offers of Judgment, and aNational Compendium addressing issues that arise prior to thecommencement of litigation through trial and on to appeal.

We are pleased to offer a completely customizable one-stop edu-cational program that will deliver information on today’s trend-ing topics that are applicable and focused solely on your business.In order to accommodate the needs of multiple staff, we go onestep further and provide LawMobile right in your office or pre-se-lected local venue of your choice. We focus on specific marketswhere you do business and utilize a team of attorneys to sharerelevant jurisdictional knowledge important to your business’success. Whether it be a one-hour lunch and learn, half-day intensive program or simply an informal meeting discussing aspecific legal matter, USLAW will structure the opportunity toyour requirements – all at no cost to your company.

USLAW SourceBook®

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USLAW MOBILE APPS

USLAW DIGIKNOWSTATE JUDICIAL PROFILESBY COUNTY

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BY COUNTY2014

PREPARED BY THE MEMBER FIRMS OF

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We pack light. Take USLAW with you wherever you go with two important USLAWmobile applications. Get USLAW information fast by downloading USLAW 24/7. Aswell, USLAW Events is our Client Conference mobile app that archives all of the pres-entation materials, among several other items, from past USLAW Conferences.USLAW apps are available on iPhone/iPad, Android (by typing in keyword USLAW)and most Blackberry devices.

USLAW DigiKnow is USLAW’s bi-weekly digital e-newsletterfeaturing insights and perspectives on today's trending legalissues. Articles and posts and are written by USLAW memberattorneys who are subject matter leaders from our USLAWPractice Areas and the USLAW membership in general.Through USLAW DigiKnow, we share legal, legislative andjurisdictional news as well as promote upcoming USLAWevents, webinars and podcasts that might be of interestto you and your colleagues. It is anexcellent resourceto keepabreast ofnew case law,importantverdicts andother pending legislation.

Jurisdictional awareness of the court and juries on a county-by-county basis is a key ingredient to successfully navigatinglegal challenges throughout the United States. Knowing thelocal rules, the judge, and the local business and legal environ-ment provides a unique competitive advantage. In order to bestserve clients, USLAW NETWORK offers a judicial profile thatidentifies counties as Conservative, Moderate or Liberal andthus provides you an important Homefield Advantage.

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F A L L | W I N T E R | 2 0 1 4

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Trends in Service of Processby Social Media

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USLAW CONNECTIVITY

In today’s digital world there are many ways to connect, share, communicate, engage, interact and collaborate. Through any one of ourvarious communication channels, sign on, ask a question, offer insight, share comments, seek advice and collaborate with others con-nected to USLAW. Please check out USLAW on Twitter @uslawnetwork and our LinkedIn group page.

USLAW MAGAZINEUSLAW Magazine is an in-depth publication produced twice annually and designed to ad-dress legal and business issues facing commercial and corporate clients. Released in Springand Fall, recent topics have covered managing litigation in a tighter economy, cyber security& data privacy, changes in M&A strategies, sidestepping legal challenges during a workforcereduction, best practices in e-discovery policies, and weighing the pros and cons of litigationversus mediation, social media and the law, patent troll taxes and much more.

A wealth of knowledge offered on demand, USLAW EduNet is a regular series of in-teractive webinars produced by USLAW practice groups. The one-hour programs areavailable live on your desktop and are also archived at USLAW.org for viewing at alater date. Topics range from Medicare to Employment & Labor Law to ProductLiability Law and beyond.

USLAW EDUNET

USLAW MEMBER AND ATTORNEY DIRECTORIESSeveral USLAW NETWORK practice groups have compiled detailed directories of the activeattorneys within their group. These directories showcase the attorneys’ specific areas of experi-ence, education, industry memberships, published articles, and in some cases representativeclients. These directories are available as downloadable PDFs.

SOCIAL MEDIA MONITORING:HOW TO UTILIZE SOCIAL MEDIA, THE INTERNET AND

TECHNOLOGY TO BENEFIT YOUR CASES

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PRACTICE GROUPSUSLAW prides itself on variety. Its 6,000+ attorneys excel in all areas of legalpractice and participate in USLAW’s active groups and communities including Banking & Financial Services, Business & Advisory Services,Business Litigation, Construction Law, Data Privacy & Security, E-Discovery,Employment & Labor Law, Healthcare Law, Insurance and Risk ManagementServices, International Business & Trade, Internet, Privacy & Media, IP andTechnology, Product Liability, Professional Liability, Retail, Transportation,White Collar Defense, Women’s Connection, and Workers’ Compensation.Don’t see a specific practice area listed? No worries as USLAW firms cover thegamut of the legal profession and we are sure to find a firm that has signifi-cant experience in the area of need.

Take advantage of the knowledge of your peers. USLAWNETWORK’s Client Leadership Council is a hand-selected, diversegroup of prestigious USLAW firm clients that provides expertiseand advice to ensure the organization and its law firms meet theexpectations of the client community. In addition to the valuableinsights they provide, CLC members also serve as USLAWAmbassadors, utilizing their stature within their various industriesto promote the many benefits of USLAW NETWORK.

CLIENT LEADERSHIP COUNCILRAPID RESPONSE

The USLAW NETWORK Rapid Response App locates USLAW at-torneys quickly when timeliness is critical for you and yourcompany. Offered for Transportation, Construction Law andProduct Liability, this resource provides clients with attorneys'cell and home telephone numbers along with assurance thatUSLAW will be available 24/7 with the right person and theright expertise. Available at uslaw.org and the USLAW 24/7 App.

104

ADDRESS7349 Worthington-Galena RoadColumbus, OH 43085

PH (614) 888-4160FAX (614) 885-8014WEB www.SEAlimited.com

S-E-A

PARTNER CONTACTS

A powerful resource in litigation for more than 40 years, S-E-A is a multi-disciplined forensic engineering and fire investigation company specializing in failure analysis. S-E-A offers a complete investigativeservice including: mechanical, biomechanical, electrical, civil, and materials engineering, as well as fire investigation, industrial hygieneservices, and a fully equipped chemical laboratory. These disciplines interact to provide thorough and independent analysis that will supportany subsequent litigation.

S-E-A's full-time staff of investigators, engineers and chemists are licensed/ registered professionals who are court-qualified experts intheir respective fields.

S-E-A is proud to be the new sponsor of visualization services forUSLAW NETWORK.

Since 1980, S-E-A has provided visualization services for litigation support to attorneys, corporations and insurance companies. We usethe most current technology to prepare accurate and court-qualifieddemonstrative pieces for litigation support. Our on-staff engineers andgraphics professionals coordinate their expertise to prepare exhibitsthat will assist a judge, mediator, or juror in understanding complexprinciples and nuances of your case. S-E-A can provide technical draw-ings, camera-matching technology, motion capture for biomechanicalanalysis and accident simulation, 3D laser scanning and fly-throughtechnology for scene documentation, presentation, and computer sim-ulations. In addition, S-E-A can prepare scale models of products, build-ings or scenes made by professional model builders or using 3D printingtechnology, depending on the application. Please visitwww.SEAlimited.com for examples of these capabilities. For more information, please contact Chris Torrens at 800-635-9507 or KenCorwin at 800-782-6851.

PARTNER CONTACTS

OFFICIAL TECHNICALFORENSIC ENGINEERING AND

LEGAL VISUALIZATIONSERVICES PARTNER

OF USLAW NETWORK

J. Kenneth CorwinNational Account Executive7349 Worthington-Galena RoadColumbus, OH 43085PH (800) 782-6851EMAIL [email protected]

Chris TorrensVice President1110 Benfield Boulevard, Suite BMillersville, MD 21108PH (800) 635-9507EMAIL [email protected]

Jared HenthornManager7349 Worthington-Galena RoadColumbus, OH 43085PH (800) 782-6851EMAIL [email protected]

★★★★★USLAW

PREMIERPA R T N E R

★★★★★USLAW

PREMIERPA R T N E R

ADDRESS363 N. Sam Houston Pkwy. E.Suite 1200Houston, TX 77060

PH (800) 567-8757FAX (713) 653-7172WEB www.uslegalsupport.com

U.S. Legal Support, Inc

U.S. Legal Support, Inc. founded in 1996 is a privately held companywith over 45 offices located across the United States. As one of the lead-ing providers of litigation services, they are the only litigation support company that provides, court reporting, record retrieval andlitigation, eDiscovery and trial services to major corporations and lawfirms nationwide.

Their management team is truly unique with division presidents whoare experts in the litigation services industry. All are involved in the day-to-day processes and have the autonomy to make immediate decisionsregarding client questions and concerns. This, along with their provenability to organize resources, results in long-term client relationships.

U.S. Legal Support is the proud official Court Reporter Partner ofUSLAW NETWORK, providing access to over 2000 superior court reporters equipped with state-of-the-art technology. Client services include a complete online office with 24/7 access, offering the ability toeasily schedule or reschedule court reporting jobs online, view anddownload transcripts and exhibits, and review invoices.

With their specialists and offices positioned across the country U.S.Legal Support has the ability to provide you with national resources andlocal expertise. They look forward to showing you their Power ofCommitment.

OFFICIAL COURTREPORTING PARTNEROF USLAW NETWORK

Charles F. SchugartPresident & CEO363 N. Sam Houston Pkwy. E., Suite 1200Houston, TX 77060PH (832) 201-3834FAX (713) 653-7172EMAIL [email protected]

Jim CunninghamDirector of Record RetrievalDivision President, Midwest200 West Jackson Boulevard, Suite 600Chicago, IL 60606PH (312) 236-8352FAX (312) 236-3344EMAIL [email protected]

Pete GiammancoDirector of Court ReportingDivision President, Western15250 Ventura Boulevard, Suite 410Sherman Oaks, CA 91403PH (818) 995-0600FAX (818) 880-4248EMAIL [email protected]

Lee Ann WatsonSenior VP Sales & Marketing363 N. Sam Houston Pkwy. E., Suite 1200Houston, TX 77060PH (832) 201-3872FAX (713) 653-7172EMAIL [email protected]

105

PARTNER CONTACTS PARTNER CONTACTS

ADDRESS39674 North 104th StreetScottsdale, Az 85262

PH (630) 718-1213FAX (630) 339-4413WEB www.galaher

settlements.com

Galaher Settlements

As one of the largest providers of structured settlements, GalaherSettlements offers clients integrated claims solutions from a team of in-dustry experts supported by leading-edge technology. We have a staff ofmore than 50 seasoned professionals located coast-to-coast with morethan 600 years of combined experience. Our team has successfullyclosed more than 50,000 structured settlements over the past 30 years.

We offer a full range of settlement solutions, including:• Convenient, cost-effective single-source integrated claims solutions• A full suite of powerful claim settlement tools • Unique expertise in consultative approaches to resolving claims• Local jurisdictional insights and knowledge through our national

presence • Multiple settlement options• Structured Medicare set-aside allocations• Integrated claims strategies to lower costs and enhance administra-

tive efficiencies

Additionally, our team is available to attend mediations and pre-trial set-tlement conferences and to assist in post-settlement services. We review allsettlement agreements and work with counsel to ensure the appropriatestructured settlement language is included to guarantee tax-free status.

There’s more than just one product, service or area that sets us apart, including our depth of knowledge, experienced team and overall strategic approach. Our technology – notably the Settlement ProcessingInformation Network (SPIN) structured settlement diary-based file management system – offers integrated modules to facilitate documentcreation, review and storage, reports, accounting functions, quoting, license administration and more for comprehensive management andtracking of our clients’ cases.

Learn more. Contact Galaher Settlements today. 800-288-7005 | www.galahersettlements.com

OFFICIAL STRUCTUREDSETTLEMENT PARTNER

OF USLAW NETWORK

Jim Ebel, CPCU, ARMPresidentPH (630) 327-7213EMAIL [email protected]

Dave Latz413 Reserve Court, Joliet, Il 60431PH (815) 744-7077EMAIL [email protected]

Daniel WebergP.O. Box 660, Alton, NH 03809PH (603) 875-7930EMAIL [email protected]

ADDRESS1201 Louisiana StreetSuite 350Houston, TX 77002

PH (713) 652-0881WEB www.granitelegal.com

Granite Legal Systems

Granite Legal Systems proudly supports USLAW NETWORK firms andtheir clients throughout the discovery process from legal hold planningthrough trial support, ensuring that they have the information requiredfor timely and cost effective client representation. Granite professionalswork with law firms and corporations to define discovery obligationsand plan defensible responses. To these engagements, Granite offersseasoned industry veterans with versatile skill sets who understand andimplement technology resource requirements, address team structure& responsibilities, and assure effective quality control processes for allphases of the project. Our consultants and project managers are attor-neys, legal assistants, and experienced technologists with extensive lit-igation and technical expertise.

Our ability to provide comprehensive discovery support services to ourclients, including investigation, documentation, as well as solution de-sign and implementation capabilities distinguishes Granite LegalSystems from other eDiscovery companies. Granite’s broad technicalskills enable our team to identify and implement cost-effective, repeat-able and supportable solutions to recurring discovery issues. We areuniquely qualified to handle discovery assessment, collection, and pro-duction projects involving complex data sources, outdated or legacysystems, and other challenging discovery issues.

Granite Legal Systems was founded by industry veteran Jeffrey Hewettin 2004 to develop an innovative eDiscovery solution (eCollector) andhas since grown to provide complete eDiscovery services, specializing insolving complex, technically challenging discovery problems.

Online at www.granitelegal.comOn LinkedIn at www.linkedIn.com/company/granitelegal

OFFICIAL E-DISCOVERY PARTNER

OF USLAW NETWORK

Jeffrey R. Hewett, JDChief Executive OfficerPH (713) 652-0881EMAIL [email protected]

Steve MackConsultantPH (713) 240-0634EMAIL [email protected]

Dennis Kiker, JDConsultantPH (804) 350-8444EMAIL [email protected]

106

PARTNER CONTACTS PARTNER CONTACTS

ADDRESS416 W Talcott RoadPark Ridge, IL 60068

PH (855) 350-6474 (MIPI)FAX (847) 993-2039WEB www.mi-pi.com

Marshall Investigative Group

OFFICIAL INVESTIGATIVEPARTNER

OF USLAW NETWORK

Doug MarshallPresidentEMAIL [email protected]

Adam M. KabarecVice PresidentEMAIL [email protected]

• Investigating claims for over 30 years • A nationwide firm specializing in insurance fraud investigations • Providing coverage throughout the United States

That is what Doug Marshall, the founder of Marshall Investigative Groupis proud to offer, including a complete array of services for Cargo,Disability, Liability and Workman’s Compensation claims. Some of thoseservices are activity/background checks, employment, health history,internet research, public records, skip tracing, statements, subrogationand surveillance. And now with a special focus on social media moni-toring, M.I.G. can provide real time investigation and analysis as part ofits total investigative package. Our private investigators provide theknowledge and skills necessary to extract the information you need tosuccessfully evaluate your claim. We use investigators from diversebackgrounds like criminal justice, information technology and business, who share their knowledge with others in the firm. Our goal isto exceed your expectations by providing prompt, thorough and accurate information whether that is to establish proper reserves or todocument claimant activities. With M.I.G. Doug Marshall insists on con-ducting our investigative business with the highest degree of integrity,confidentiality and productivity. After 30 years in the business of deliv-ering what you need, the Marshall Investigative Group, knows how tovalue each and every customer and produce the results you require. Weare confident that our extraordinary investigative work, provided on atimely basis, will make a difference in your bottom line. We will be happyto discuss your case and respond to any questions you may have. Pleasecontact Doug Marshall to discuss your case at (855) 350-6474 or emailhim at [email protected].

ADDRESS9393 W. 110th Street, Suite #400Overland Park, KS 66210

PH (913) 339-9885WEB www.litigationinsights.comTWITTER @LI_Insights

Litigation Insights

OFFICIAL JURY CONSULTANTPARTNER

OF USLAW NETWORK

Since 1994 Litigation Insights has been a nationally recognized leader inthe trial consulting field.

Litigation Insights is proud to be the new sponsor of jury research serv-ices for USLAW NETWORK. We have worked with several member lawfirms over the years and are excited about the opportunity of workingwith more of the USLAW membership. In a business often character-ized by transitory relationships, we have made it a point to build long-lasting partnerships both with clients and our own team members.

Our clients hire us when their cases are complex, difficult and unclear.They bring us in when issues are volatile, emotions are high and millions of dollars are at risk. We’re asked to consult on tough litigationbecause we’ve seen so many tough cases and, more importantly, we’veprovided valuable insights.

At Litigation Insights, we have the experience to help you quickly interpret your case details. We ask the right questions, listen to the answers and help you develop compelling stories and visuals that speakgenuinely to your audience. Whether you’re working toward an expedi-ent settlement, or battling through weeks in the courtroom, we help youdetermine the most convincing details of your case so you can incor-porate them and tell your story more effectively.

Litigation Insights has been certified as a Women’s Business Enterpriseby the Women’s Business Enterprise National Council (WBENC).

For more information on how can help with jury research, trial graph-ics or trial presentation please contact any of our executive staff below.

Merrie Jo Pitera, Ph.D.Chief Executive OfficerPH (913) 486-4159EMAIL [email protected]@MerrieJoPitera

Adam BloombergVice President – Managing Director of VisualCommunicationsPH (214) 658-9845EMAIL [email protected]@adambloomberg

Jill Leibold, Ph.D.Director of Jury ResearchPH (310) 809-8651EMAIL [email protected]@DrJillLeibold

PARTNER CONTACTS

ADDRESS750 Hammond Drive NEBuilding 14Atlanta, GA 30328

PH (404) 252-0085FAX (404) 255-0673WEB www.mdd.com

MDD Forensic Accountants

Matson, Driscoll & Damico is a leading forensic accounting firm thatspecializes in providing economic damage quantification assessmentsfor our clients. Our professionals regularly deliver expert, consulting andfact witness testimony in courts, arbitrations and mediations aroundthe world.

We have been honored to provide our expertise on cases of every sizeand scope, and we would be pleased to discuss our involvement onthese files while still maintaining our commitment to client confiden-tiality. Briefly, some of these engagements have involved: lost profit cal-culations; business disputes or valuations; commercial lending; fraud;product liability and construction damages. However, we have alsoworked across many other practice areas and, as a result, in virtuallyevery industry.

Founded in Chicago in 1933, MDD is now a global entity with 22 U.S.and 21 international locations.

In the United States, MDD’s partners and senior staff are Certified PublicAccountants; many are also Certified Valuation Analysts and CertifiedFraud Examiners. Our international partners and professionals possessthe appropriate designations and are similarly qualified for their re-spective countries. In addition to these designations, our forensic ac-countants speak more than 30 languages.

Regardless of where our work may take us around the world, our exceptional dedication, singularly qualified experts and demonstratedresults will always be the hallmark of our firm. To learn more aboutMDD and the services we provide, we invite you to visit us atwww.mdd.com. You are also welcome to contact John A. Damico, one ofMDD’s founding partners, at [email protected] or 404.252.0085.

Jack Damico750 Hammond Drive, Building 14Atlanta, GA 30328PH (404) 252-0085FAX (404) 255-0673EMAIL [email protected]

Shannon RusnakThe Mellie Esperson Building815 Walker Street, Suite 1800Houston, TX 77002PH (713) 621-3010FAX (713) 621-5635EMAIL [email protected]

OFFICIAL FORENSIC ACCOUNTANTPARTNER

OF USLAW NETWORK

107

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