The DRI Center for Law and Public Policy’s Post

The Center is pleased to welcome the newest member of the Social Inflation Task Force: Nicole Marklein! Nicole is an attorney with Cross Jenks Mercer & Maffei LLP in Baraboo, Wisconsin, where she specializes in the areas of employment law, civil and insurance defense litigation, and alternative family planning. Read more here: https://bit.ly/3XLU0yX. #DRICommunity #DRILawyer #DRITheCenter #PublicPolicy #Legislation #Advocacy #Law The Center provides the most effective voice for the defense bar in the discussion of substantive law, judicial process, constitutional issues, and the integrity of the civil justice system at both the national and state levels. 

The Center continues to grow and is pleased to announce the appointment of two more DRI members to its State Legislation and Rules Task Force: W. Logan Caldwell (Crowley Fleck Attorneys PLLP) and Tara Martens Miller (Snell & Wilmer). The Center’s State Legislation and Rules Task Force coordinates activities and collaboration related to state and local defense organizations (SLDOs). The Center may assist, upon request, SLDOs concerned about legislation or rule issues in their state. The State Legislation and Rules Task Force is requesting members for the following states:  Alabama  Alaska  Arkansas  Connecticut  Delaware  Hawaii  Kansas  Maine  Michigan  Mississippi  New Mexico  South Dakota  Vermont  Virginia  Wyoming If you are interested in joining, please contact TheCenter@dri.org. #DRICommunity #DRILawyer #DRITheCenter #PublicPolicy #Legislation #Advocacy #Law The Center provides the most effective voice for the defense bar in the discussion of substantive law, judicial process, constitutional issues, and the integrity of the civil justice system at both the national and state levels. 

The Center has filed an amicus brief in the United States Supreme Court in Wisconsin Bell, Inc. v. United States of America Ex Rel. Todd Heath in support of Petitioner Wisconsin Bell. The Center’s brief was written by Mary Massaron, a former DRI president and partner of Plunkett Cooney in Bloomfield Hills, Michigan, and Briana Combs, an appellate associate at the firm, who is active in the DRI Young Lawyers Committee, serving as the liaison to the DRI Appellate Advocacy Committee. In support of Wisconsin Bell’s position, the Center argued that the Supreme Court should reverse the Seventh Circuit’s ruling because it defies decisions of several circuit courts of appeals, including the Fifth Circuit’s decision in U.S. ex rel. Shupe v. Cisco Sys., Inc., 759 F.3d 379 (5th Cir. 2014). DRI explained that the Seventh Circuit’s decision 1) improperly applies the False Claims Act to allegations of fraud that do not and could not result in financial loss to the federal government, 2) holds that a private company qualifies as an “agent” of the federal government, thereby improperly expanding the reach of the False Claims Act to government-adjacent private actors, and 3) holds that the government “provided” the E-Rate funds even though the funds are private funds and there is no possible harm to the public fisc. The issue presented is important to DRI and its membership because DRI members represent clients who routinely interact with government-adjacent, albeit private, entities. If the Seventh Circuit’s decision is allowed to stand, the holding on the agency issue is particularly troubling because it opens the floodgates to a new set of claims whenever a defendant seeks private funds from a private entity, albeit one “established or overseen” by the federal government.  Read more here: https://bit.ly/4gs36bo. #DRICommunity #DRILawyer #DRITheCenter #PublicPolicy #Legislation #Advocacy #Law The Center provides the most effective voice for the defense bar in the discussion of substantive law, judicial process, constitutional issues, and the integrity of the civil justice system at both the national and state levels. 

Newly appointed to the Center’s State Legislation and Rules Task Force are DRI members Emily R. Motto and Brendon Pashia. Emily is coverage counsel for UFG Insurance in Cedar Rapids, Iowa. She has been an active leader within the DRI Litigation Skills Committee, currently serving as publications vice chair. Brendon is an associate in the Nashville, Tennessee, office of Sutter O'Connell Co.. He is focusing his practice on commercial litigation, trucking and transportation, premises liability, products liability, and a wide array of other general liabilities matters. Read more here: https://bit.ly/3T61REV. #DRICommunity #DRILawyer #DRITheCenter #PublicPolicy #Legislation #Advocacy #Law The Center provides the most effective voice for the defense bar in the discussion of substantive law, judicial process, constitutional issues, and the integrity of the civil justice system at both the national and state levels.

DRI’s Center for Law and Public Policy (the Center) has accomplished a lot so far this year! Learn more with our latest newsletter: https://bit.ly/3Y2DDhK. The Center provides the most effective voice for the defense bar in the discussion of substantive law, judicial process, constitutional issues, and the integrity of the civil justice system at both the national and state levels. Larry Ebner John Guttmann John C.S. Pierce James McCrystal Lisa Baird Philip Willman Lana A. Olson Jay Ludlam #DRILawyer #DRICommunity #PublicPolicy #Legislation #Advocacy #DRITheCenter

Last year, the Center launched its State Legislation and Rules Task Force, chaired by Brooks Magratten, to monitor state legislative and rulemaking activity and respond to SLDO requests for information and assistance. The Task Force meets virtually every two months. Most states are currently represented on the Task Force. The Task Force, however, strives for full state representation and is currently looking for representatives from the following states: - Alabama - Alaska - Arkansas - California - Connecticut - Delaware - Hawaii - Idaho - Kansas - Maine - Michigan - Mississippi - New Mexico - South Dakota - Vermont - Virginia - Wyoming If you are interested in serving on this Task Force, please contact TheCenter@dri.org. #DRICommunity #DRILawyer #DRITheCenter #PublicPolicy #Legislation #Advocacy #Law The Center provides the most effective voice for the defense bar in the discussion of substantive law, judicial process, constitutional issues, and the integrity of the civil justice system at both the national and state levels.

With the adoption of important changes to Federal Rule of Evidence 702 last December, the Center’s Legislation and Rules Committee, under the leadership of its chair, Jim McCrystal, has been working with SLDOs interested in advocating similar changes in their states. The Center encourages SLDOs in the other states to consider advocating and supporting efforts to adopt these changes in their states. The Center’s Legislation and Rules Committee looks forward to working with all DRI members interested in advocating for these changes in their states and with all SLDOs interested in these issues. If you or your SLDO are interested, please contact TheCenter@dri.org. #DRICommunity #DRILawyer #DRITheCenter #PublicPolicy #Legislation #Advocacy #Law The Center provides the most effective voice for the defense bar in the discussion of substantive law, judicial process, constitutional issues, and the integrity of the civil justice system at both the national and state levels.

The Racketeer Influenced and Corrupt Organizations Act (RICO) authorizes civil suits for treble damages and attorney fees for those injured in business or property due to specific illegal racketeering activities. Initially designed to combat organized crime, RICO excludes personal injury claims. But the Second and Ninth Circuits have ruled that civil RICO claims can include economic injuries like lost wages resulting from personal injuries, such as in product liability cases.  The Supreme Court will review whether civil RICO encompasses claims for economic harm tied to personal injuries in Medical Marijuana, Inc. v. Horn (23-365).  The DRI Center for Law and Public Policy and Atlantic Legal Foundation (ALF) filed an amicus brief urging the Court to exclude personal injury-related economic harm from civil RICO. The Center's brief was written by Sarah Elizabeth Spencer of SpencerWillson, PLLC and co-authored by Atlantic Legal Foundation Executive Vice President & General Counsel Larry Ebner as co-counsel. Spencer and Ebner are both members of the Center's Amicus Committee. Read more here: https://bit.ly/3XjPOGz. #DRICommunity #DRILawyer #DRITheCenter #PublicPolicy #Legislation #Advocacy #Law The Center provides the most effective voice for the defense bar in the discussion of substantive law, judicial process, constitutional issues, and the integrity of the civil justice system at both the national and state levels. 

The Center for Law and Public Policy's Social Inflation Task Force is working on a comprehensive tracking system to analyze litigation outcomes in light of pretrial demands and offers. This data will inform defendants in litigation about the risks and benefits of trying cases in certain venues despite the rise in settlement demand amounts. To help, please complete this brief form: https://bit.ly/3JtFowb. #DRICommunity #DRILawyer #DRITheCenter #PublicPolicy #Legislation #Advocacy #Law The Center provides the most effective voice for the defense bar in the discussion of substantive law, judicial process, constitutional issues, and the integrity of the civil justice system at both the national and state levels.

The DRI Center for Law and Public Policy’s latest white paper, written by members of its Data Privacy and Protection Working Group, was prepared to provide examples of recent campaigns to spread misinformation, disinformation, and malinformation (MDM), which the World Economic Forum selected as the most severe short-term risk the world faces in 2024. The paper explains why these risks should be on the radar of DRI members; provides insights into how MDM campaigns work; gives examples of actions being taken by countries around the globe to confront this risk; and provides recommendations on actions that DRI members, their clients, and others can take to combat MDM risks in the 2024 elections and beyond. Read the white paper here: https://bit.ly/3XyHSkE. Laura Clark Fey, PLS (IAPP), FIP, CIPP-E/US, CIPM (IAPP), AIGP Sean Griffin Brent Arnold Josh Devaney Richik Sarkar Tobias Schelinski Kirsten E. Small #DRICommunity #DRILawyer #DRITheCenter #PublicPolicy #Legislation #Advocacy #Law #Elections #MDM #Misinformation The Center provides the most effective voice for the defense bar in the discussion of substantive law, judicial process, constitutional issues, and the integrity of the civil justice system at both the national and state levels.