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2017 June Newsletter
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FDCC International
Insurance Summit
Zurich
July 24, 2017
Location: Zurich
 
2017 FDCC Annual
Meeting
Switzerland
July 25-29, 2017
Location: Montreux
 
Corporate Counsel
Symposium
Philadelphia
September 17-19, 2017
Location:
Philadelphia, Pennsylvania

Deposition
Boot Camp
October 23-24, 2017
Location: New York, NY

Insurance Industry
Institute (I-3)

November 9-10, 2017
Location: New York, NY 




New Members


Jay Gates
RMH Franchise 
Holdings, Inc
Lincoln, Nebraska

Stanley E. Graham
Waller Lansden Dortch
& Davis, LLP
Nashville, Tennessee
 
Thomas J. Hurney, Jr.
Jackson Kelly PLLC
Charleston, West Virginia

Lori A. Shay
Marriott International, Inc
Stanford, Connecticut

Rick G. Strange
Wildcat International LLC
Midland, Texas

Paul J. Sweeney
Coughlin & Gerhart, LLP
Binghamton, New York

Jennifer D. Tricker
Baird Holm LLP
Omaha, Nebraska

Olga Suarez Vieira
Carlton Fields, P.A.
Miami, Florida

 

 



Federation Publications

 


From The President

Summer 2017 To Do List


Litigation Management College and Grad Program, Atlanta, GA

 


DRI Spring Board Meeting 

Deposition Boot Camp

FDCC Regional Meeting Chicago

Register for FDCC Annual Meeting in Montreux Switzerland 


May and June are a busy time for the FDCC. We just wrapped up another very successful Litigation Management College and Graduate Program at the Emory Conference Center in Atlanta. This program has always been one of our most outstanding programs and this year was no different. Congratulations to our Deans of the LMC, Mike Schroder, Todd Roberts, David Governo, Kelly Dalmass, April Elkovitch, Todd Roberts, Matt Cairns and Robert Moorealong with the Deans of the Graduate Program, Rich Traub, Greg Witke, Bill Kautter and Marisa Trasatti as well as all of our FDCC faculty who worked so hard to make sure that this year’s program was indeed “Above & Beyond.”

As officers of the FDCC, Steve Farrar, Scott Kreamer and I sit on the DRI Board. We recently attended the DRI Board meeting and we can report to you that the Defense Bar is strong and that our relationships with our Sister defense organizations have never been better. We all know that the practice of law in the 21st century is very different and is evolving at a rapid pace. By maintaining open communication with DRI, the IADC and the ADTA the FDCC is better able to initiate, monitor and respond to developments in the civil justice arena.

Thanks to Heidi Goebel, Jody Guillot and an outstanding FDCC faculty. Our Deposition Boot Camp in Chicago was well received by our young lawyer students. I had an opportunity to meet and talk with some of the students and they all gave this program rave reviews. It is more difficult for young lawyers to get first chair experiences and the Deposition Boot Camp is helping our member firms train the next generation of defense trial lawyers.

In conjunction with our Deposition Boot Camp our member Dan McGrath and his firm Hinshaw & Culbertson hosted a Regional Meeting for our members in the Chicago Area. We offered our members a free hour of ethics CLE and afterwards a delightful cocktail hour and opportunity for fellowship. It was great to get reacquainted and network with many of our Chicago area members.

In case you missed it, our Annual Meeting in Switzerland starts on 7/24 with our Bridging the Gap Insurance Summit in Zurich. The rest of the week we will be on the shores of Lake Geneva in beautiful Montreux, Switzerland. Ned and Sue Currie have planned a great week for us which will be Magnifique and Beyond! Todd Roberts has arranged an outstanding program on Practicing with Swiss Precision. This meeting will be talked about for years and you don’t want to miss it! If you have not registered it is not too late, airfares have recently dropped and our meeting planner Regina Legoo regina@thefederation.org can assist you with finding a room.


Carol Anne I wish all of you a wonderful summer and we look forward to seeing you in Montreux,

Mills

FDCC Recently Filed an Amicus Brief


The Federation of Defense and Corporate Counsel recently filed an Amicus brief in support of Century Surety Company in the matter Century Sur. Co. v. Jane Doe in the Texas Supreme Court.  Briefs were filed on a Petition for Review from the Court of Appeals for the Fifth District of Texas at Dallas and also in support of a Petition for a Writ of Mandamus.  FDCC members Lance J. Kalik and Anthony J. Zarillo, Jr. of Riker Danzig Scherer Hyland & Perretti LLP, Morristown, NJ, Stacy Broman of Meagher & Geer, P.L.L.P., Minneapolis, MN, and Stephen Pate of Cozen O’Connor, Houston, TX coordinated the writing and filing of the brief. 

Doe had sued Century’s insured, Pastazios Pizza, for damages resulting from a tragic rape away from the insured’s restaurant after Doe became intoxicated at a table outside of the restaurant.  Century initially defended the insured under a reservation of rights, but withdrew its defense based on its investigation of the claim.  The parties thereafter engaged in a one-sided bench trial.  After the court rendered a $20 million judgment against Century’s insured, Pastazios Pizza, the bankruptcy trustee asked Century to fund an appeal by the trustee.  Century accepted.  When the trustee chose not to appeal, Century invoked the virtual representation doctrine to intervene in the Court of Appeals.  The trustee and Doe successfully thwarted that attempt.  Doe and the trustee are now seeking to recover against Century based upon the judgment. 

The issue concerns whether Century Surety should be allowed to intervene in the action under the doctrine of virtual representation to mount an appeal from a $20 million judgment against its insured.  Century sought intervention when the bankruptcy trustee for its insured chose not to appeal, even when Century agreed to fully fund the appeal and even though the trustee admitted that viable grounds for reversal of the judgment existed.  Century argued that the failure to appeal a remarkably infirm judgment demonstrated that the parties conducted a non-adversarial proceeding before the trial court.  The FDCC urged the Court to reverse the Court of Appeals’ denial of Century’s intervention motion and to allow Century the right to intervene to preserve the integrity of the adversarial system.  Texas courts guard against the risk of improper judgments and orders resulting from non-adversarial proceedings. 

In this case, the virtual representation doctrine furthers the goals of the adversarial system by allowing non-parties to intervene at the appellate level when the party’s interest will not otherwise be adequately protected on appeal. 

The FDCC also asks the court to further define the virtual representation doctrine by explaining that the relevant equitable factors undergirding it are considerations that actually prejudice the original parties on appeal.  An interested insurer requesting permission to step in on appeal to fill the void left by an absent original party - to protect its interests by engaging in a truly adversarial proceeding - should not be prevented from doing so through application of irrelevant and non-prejudicial considerations.  Century’s intervention motion sought to protect its interests through a truly adversarial process.  FDCC urged the court to reverse or vacate the court of appeals’ denial of Century’s motion to intervene.  

FDCC Connect Award

 
The time has come to nominate your fellow FDCC members for the FDCC Connect Award! The Connect Award is given to a member who has referred business within the FDCC. Our national referral network is a fantastic benefit of this great organization, and we want to recognize and appreciate our members who make it happen.

Please submit nominations now through the FDCC website, click here


Your Last-Minute Get-Away: 
FDCC Annual Meeting - MONTREUX!


It's tough to believe we are already looking at the middle of June! It's been a busy year for the FDCC and we are excited about what is yet to come, most certainly, our Annual Meeting in Montreux, Switzerland! Please join President and First Lady Mills and Carol Anne Gallivan, Convention Chairs Ned and Sue Currie, and Program Chairs Todd and Debbie Roberts, who have assembled what will be an unbelievable meeting in a spectacular location. 




2017 Asia Pacific Insurance Conference (APIC)
 
We are pleased to attach the formal announcement of the joint FDCC/AIDA Asia Pacific Insurance Conference scheduled for October 18-20, 2017 in Singapore.   This conference will draw together an array of industry representatives from around the world and will focus on relevant global and regional insurance issues.  
 
Please also note that special rate sponsorships are still available to our member firms for $1,500.  Your firm's name will appear on the website,  promotional materials and at the conference itself.

For additional information and to register, click here.



Mark your calendars now to attend the
FDCC I-3 Institute in New York!

We have assembled thought-provoking sessions tackling leading topics that will impact your approach and provide valuable information and resources!
 
The program begins with a reception at the Sheraton New York Times Square on Wednesday evening, November 8, followed by a full day of programming on Thursday and a half day session on Friday. As the insurance industry confronts an ever-increasing pace of change and steady barrage of emerging trends and new crises around the world, the FDCC I-3 Institute brings together industry leaders, senior insurance executives, and their counsel to examine key issues.

Federation Triumphs


Christopher D. Stofko, Dickie, McCamey & Chilcote, P.C., Pittsburgh, Pennsylvania, recently obtained a unanimous defense verdict for a petrochemical client in a four-week jury trial in Jersey City, New Jersey.  Plaintiff claimed that her decedent husband developed leukemia as a result of alleged exposure to benzene from using gasoline, diesel and asphalt products.  Plaintiff claimed that the warnings that accompanied the products were defective and failed to warn about the alleged risk of leukemia from exposure to benzene. Plaintiff claimed over $1 million in economic damages and sought additional damages for pain and suffering of the decedent.  At the close of the evidence, the judge directed a verdict for one of Mr. Stofko's clients because Plaintiff failed to present sufficient evidence of decedent’s exposure to that company's products. The jury then decided 8-0 that Mr. Stofko's remaining client did not fail to warn.

 

 


Federation of Defense and Corporate Counsel - 275 N. York St., Suite 401, Elmhurst, IL 60126

more Calendar

11/28/2017
Webinar - The FDCC, Your Firm and You

12/13/2017
Webinar - Succession Planning for In-House Counsel

2/24/2018 » 2/28/2018
2018 Winter Meeting - Amelia Island

4/6/2018 » 4/8/2018
TechU

5/20/2018 » 5/23/2018
Litigation Management College

5/20/2018 » 5/23/2018
Litigation Management Graduate Program

Featured Members
Melinda S. KollrossDefense Counsel, Clausen Miller PC, Chicago, IL
J. Eric MilesDefense Counsel North, Pursell & Ramos, PLC, Nashville, TN

Special Thanks

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