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
A Training Guide for the “#metoo” Revolution: Ending Sexual Harassment in the Workplace
The #MeToo movement has brought to light the prevalence of sexual harassment in the workplace.The #MeToo movement has brought to light the prevalence of sexual harassment in the workplace. We know that training your employees and management on the proper conduct is a top priority and we are here to help. Joe Chancey and Dan Kniffen, employment attorneys with over 30 years’ experience, are offering a training program which will be customized with your specific company policies and procedures. If you are interested in “A Training Guide for the “#metoo” Revolution: Ending Sexual Harassment in the Workplace,” please contact us at ... Continue Reading
Abominable Snowball: Damages in Injury Cases Related to Opioid Use
Randy Moody presented "Abominable Snowball: Damages in Injury Cases Related to Opioid Use" which covered information on the damages related to opioid drugs in bodily injury cases at the 2018 Winter Conference presented by The Harmonie Group and Canadian Litigation Counsel. For more information on The Harmonie Group, click here. ... Continue Reading
The ELD Mandate: Feeding the Reptile with Voluminous Electronic Data
Five years ago, Congress passed the Commercial Motor Vehicle Safety Enhancement Act of 2012, which ordered the Secretary of Transportation to regulate commercial motor vehicles by requiring most of them to be equipped with electronic logging devices ("ELDs") for purposes of improving compliance with hours-of-service regulations. 49 U.S.C. § 31137(a)(1). Jennifer Parrott’s and Melody Kiella's article has been featured in the DRI Trucking Law Committee Newsletter on October 26, 2017. Five years ago, Congress passed the Commercial Motor Vehicle Safety Enhancement Act of 2012, which ordered the Secretary of Transportation to regulate commercial motor vehicles by requiring most of them to ... Continue Reading
Podcast: The Application of Judicial Estoppel in Insurance Claims
Attorney Karen Karabinos discusses the application of judicial estoppel in insurance claims and the circumstances under which an insurer should consider using it as an affirmative defense. Click here to listen to the podcast This podcast was recorded at AM Best. To listen to all of their informative podcasts visit their Podcast Archive. For additional questions on Best’s Insurance Professionals and Claims Resource and the Insurance Law Podcast, please contact claimsresource@ambest.com. About the Speaker 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 more than 75 ... Continue Reading
Attorney Dan Kniffen presents at the GWCA Conference
DEF Attorney Dan Kniffen presents, "Legal Issues in An Aging Work Force: Not for the Faint of Heart," at the GWCA Conference on June 6, 2017. Dan Kniffen has been representing Employers for 33 years in the defense of Workers’ Compensation and Employment Law cases. Because of his unique experience in these overlapping areas, Mr. Kniffen specializes in guiding clients through the often complex interactions of these laws in both Litigation and Risk Management. ... Continue Reading
Julie John Weighs in on How Law Firms Cope with the I-85 Shutdown
The shutdown of a crucial section of I-85 from the Thursday evening bridge collapse has law firms, like other local businesses, scrambling to adjust. (On Friday, crews work on a section of an overpass that collapsed from a large fire on I-85 in Atlanta after a massive fire caused a bridge collapse Thursday, completely shutting down the heavily-traveled highway. photo retrieved from Daily Report) Managing Partner Julie John provides input on how law firms are dealing with the sudden shutdown of I-85. You can read the article here. ... Continue Reading
DEF Attorney Dan Kniffen Discusses the Do’s and Don’ts of Talking Politics in the Office
“Expressing yourself politically—both online and in the workplace—can be nerve racking as a law student. Sure, lawyers are often politically and socially active. But how should you address your passionate views when a job is at stake?” DEF Attorney Daniel C. Kniffen along with legal editor and human resource consultant Michael Jacobson give insight into the ethics of politics in the office. The article originally appeared in the November/December 2016 Issue of the ABA’s Student Lawyer Magazine and reposted with permission from American Bar Association Law Student Division. Click here to read the full article Dan Kniffen has been practicing for 30 years and focuses his practice ... Continue Reading
Attorneys Michael Miller and Jeff Ward Presented on “Premises Liability: Slip & Falls”
Attorneys Jeff Ward and Mike Miller presented a CLE course, "Premises Liability: Slips & Falls"Attorneys Jeff Ward and Mike Miller presented a CLE course, "Premises Liability: Slips & Falls" seminar on November 9, 2016. If you are interested in having Jeff or Mike speak at your location, please email cwalsh@deflaw.com. ... Continue Reading