On May 23rd and 24th at the Renaissance Gateway Hotel in Atlanta, CU-Solutions hosted the Repossession and Remarketing Summit to an enthusiastic crowd of over 100. Partner Andrew Horowitz gave a presentation, “Preparing for the Inevitable Litigation,” on credit union rights in litigation which focused on local jurisdictional issues and procedures for the legal process. His presentation provided actionable tactics the attendees could take back to their shops and use right away. ... Continue Reading
Webinar: Defeating Reptilian Tactics in First-Party Insurance Cases
Karen Karabinos will be speaking in an upcoming webinar, "Defeating Reptilian Tactics in First-Party Insurance Cases," scheduled for Thursday, June 14, 1:00pm-2:30pm EDT. During the webinar, the panel will guide insurance counsel on the increasing application of the “reptile theory” in first-party insurance cases. The panel will explore tactics used by counsel for insureds to leverage this litigation strategy and steps insurers can take to effectively neutralize them. After the presentations, we will engage in a live question and answer session with participants so we can answer your questions about these important issues directly. As a valued client of the firm, you are eligible to ... Continue Reading
Spoliation and EDiscovery: How Technology is Changing the Game
Can you imagine a claim without electronically stored or transmitted information? Attorney Chuck Hoey addresses this and other issues in his article "Developments In Spoliation Law And EDiscovery Since Phillips Vs Harmon" featured in the May edition of the Georgia Defense Lawyers Association magazine. In 2018, it is difficult to imagine a lawsuit, or workers compensation claim, which does not involve electronically stored or transmitted information. This information must be preserved and searched. Every trial attorney must have a working knowledge of EDiscovery, spoliation, and technology issues. Although the issue of spoliation can arise outside the context of EDiscovery, these issues ... Continue Reading
Partner Michael Miller Provides Keynote Presentation at the 2018 DRI Trucking Conference
On April 26-27, defense attorneys from all over the United States met up in Chicago at the 2018 DRI Trucking Conference, Turning the Tables on Plaintiffs in Trucking Litigation. Drew Eckl & Farnham partner, Michael Miller, and Plaintiff's attorney, Joseph A Fried, provided the Keynote presentation - "The Plaintiff Lawyer's Candid Perspective" and the counterpoint, "Defending the Plaintiff's Playbook and Winning the Case." Miller shared ways to highlight a plaintiff's weaknesses and win the case. Drew Eckl & Farnham was a proud sponsor of the 2018 program. Click here for more info ... Continue Reading
Law360 Spotlight: How the ELD Mandate will Feed Reptilian Tactics
Two DEF attorneys, Melody Kiella and Jennifer Parrott, discuss how electronic logging devices ("ELDs") are now required in commercial motor vehicles in their article How Vehicle Logging Devices May Fuel 'Reptile Tactics.' Melody Kiella and Jennifer Parrott, discuss how electronic logging devices ("ELDs") are now required in commercial motor vehicles in their article How Vehicle Logging Devices May Fuel 'Reptile Tactics.' This article, featured in Law360, discusses how the ELD mandate will allow lawyers using reptilian tactics to use the massive amount of data gathered to specify safety concerns and dangers caused by the driver and/or vehicle to appeal to the ... Continue Reading
Cyber Coverage May Be Affected by New and Traditional Defenses
In an article featured in DRI’s The Voice newsletter (May 2018), attorney Karen Karabinos and Eric Mull provide information on how misrepresentation on the applications for and the provisions of cyber policies may bar coverage in either first-party or third-party cyber claims. As businesses realize the importance of obtaining cyber policies, insurance carriers and insureds must be cognizant of the applications for and the provisions of cyber policies that may bar coverage in either first-party or third-party cyber claims. Some of these defenses may be new, based on specialized provisions or coverages contained in the cyber policy. Other possible defenses may be traditional ones that ... Continue Reading
Detecting Contents Fraud: A practical approach to examining an insured’s loss inventory list
Fraud remains a major issue for insurance companies, since it is discovered frequently in both legitimate and bogus claims. In both types of claims, an insured may attempt to defraud the insurer regarding either the quantity or quality of contents reportedly damaged or lost. In an article featured in the CLM Magazine, attorney Karen Karabinos provides practical approach to examining an insured's loss inventory list with co-author Dave Petrelli of TOPA Insurance Company. Read Full Article About the Author Karen Karabinos has been litigating cases for more the 25 years, with the last 16 focused on the complexities of property insurance law. She has successfully handled ... Continue Reading
How the ELD Mandate Will Fuel Reptilian Tactics and Expand Litigation
In December 2017, many motor carriers were required to comply with the Commercial Motor Vehicle Safety Enhancement Act of 2012 (the “ELD Mandate”), which ordered that commercial motor vehicles be equipped with electronic logging devices (“ELDs”) for purposes of improving compliance with hours-of-service regulations. 49 U.S.C. § 31137(a)(1). In an article featured in the American Bar Association, Tort Trial & Insurance Practice Committee News Commercial Transportation Litigation, DEF attorneys Melody Kiella and Jennifer Parrott discuss how the new ELD mandate will fuel reptilian tactics and expand litigation. Read the full article ... Continue Reading
Watch Out! The Reptile Theory Is Slithering into First-Party Property Cases
The reptile theory, attributed to David Ball and Don Kennan, who co-authored Reptile: The 2009 Manual of the Plaintiff's Revolution (Balloon Press, 2009), is no longer used just in personal injury or products liability cases. Insureds' attorneys are increasingly utilizing the theory in first-party property case The reptile theory, attributed to David Ball and Don Kennan, who co-authored Reptile: The 2009 Manual of the Plaintiff’s Revolution (Balloon Press, 2009), is no longer used just in personal injury or products liability cases. Insureds’ attorneys are increasingly utilizing the theory in first-party property cases, especially cases involving arson and claims of bad faith. As a ... Continue Reading
ELDs could lead to ‘reptile’ tactics in the courtroom: Part 1
Some attorneys who defend drivers and carriers fear that electronic logging devices (ELDs) could make it easier for plaintiff lawyers to utilize powerful 'reptile' tactics to win over juries and obtain unfairly large awards. In an article written by Larry Kahaner in FleetOwner Magazine, DEF attorneys Melody Kiella and Jennifer Parrott discuss how the new ELD mandate could lead to plaintiff lawyers more frequently using the "reptile tactic.” You can read more about this by clicking the link below. Read the full article ... Continue Reading