DIRECTORY OF ATTORNEYS
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1 DIRECTORY OF ATTORNEYS 2013
2 USLAW Transportation Law Practice Group MISSION STATEMENT The USLAW Transportation Practice Group is dedicated to an open exchange of ideas and information between and among clients and lawyers through seminars, newsletters and frequent communications. The goal of the practice group is to insure that member firms have all the necessary tools and skills to represent the best interests of clients in an efficient, cost effective and professional manner. WHY CHOOSE USLAW TRANSPORTATION LAW FIRMS? USLAW member firms have an excellent reputation for handling transportation matters in an efficient manner. Member firms' lawyers include leaders in the industry who have lectured and written extensively on cutting edge topics as well as litigation techniques and effective file management. Member firms specialize in handling litigation and commercial matters for motor carrier, air carrier, marine and rail companies as well as other businesses that service the transportation industry. In addition, many member firms have an immediate response team in place to respond to emergencies that confront transportation industry clients. Our Transportation lawyers stay ahead of developments and help shape them as recognized leaders and active participants in several transportation industry associations, including: ABA-TIPS Commercial Transportation Litigation Committee American College of Transportation Attorneys (ACTA) American Trucking Association (ATA) Aviation Insurance Association (AIA) Defense Research Institute (DRI) Transportation International Warehouse Logistics Association (IWLA) Maritime Lawyers Association National Tank Truck Carriers Association (NTTC) National Transportation Safety Board Attorneys Association Trucking Industry Defense Association (TIDA) Transportation Lawyers Association (TLA) Transportation & Logistics Council (TLC) AREAS OF PRACTICE Member firms have expertise in consulting with clients in the trucking, airline, marine and railroad industries on the following types of litigation and commercial matters: American with Disabilities Act Cargo loss Commercial transactions Hazardous materials Independent contractor/ employee status issues Insurance coverage issues Labor/Employment/Workers compensation Multi-modal coverage Passenger security Personal injury/intentional Torts Product liability Property loss Regulatory compliance Repetitive stress Toxic exposure
3 About USLAW In today s global marketplace, legal needs often transcend geographic boundaries. Clients with complex needs turn to USLAW NETWORK member firms to represent them in the courtroom and the boardroom, next door and across the United States and around the world 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 alternative 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 handful 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 highest quality legal representation and seamless cross-jurisdictional service to major corporations, insurance carriers, and to both large and small businesses alike, through a network of professional, innovative law firms dedicated to their clients' legal success. Now as a network with over 6,000 attorneys from 110 defense-based law firms, spanning the United States, Canada, Latin America, Europe, Asia and Africa, USLAW NETWORK remains a responsive, agile legal alternative to the Mega-firms. Homefield Advantage. USLAW NETWORK offers what it calls The Homefield Advantage which comes from knowing and understanding the venue in a way that allows a competitive advantage a truism in both sports and business. Jurisdictional awareness is a key ingredient to successfully operating throughout the United States and abroad. Knowing the local rules, the judge, and the gossip provides our firms clients this advantage. The strength and power of an international presence combined with the understanding of a respected local firm makes for a winning line-up. A Legal Network Not for Its Member Lawyers. Instead a Legal Network for Purchasers of Legal Services. USLAW NETWORK firms go way beyond providing quality legal services to their clients. Unlike other legal networks, USLAW is organized around client expectations, not around the member law firms. Clients receive ongoing educational opportunities, online resources including webinars, jurisdictional updates, and resource libraries. We also provide monthly podcasts through USLAW Radio, a semiannual USLAW Magazine, webinars, compendiums of law, as well as annual membership directories and practice group directories. To ensure our goals are the same as the clients our member firms serve, our 40-member Client Leadership Council is directly involved in the development of our programs and services. This communication pipeline is vital to our success and allows us to better monitor and meet client needs and expectations. USLAW Abroad. Just as legal issues seldom follow state borders, they often extend beyond US boundaries as well. In 2007, USLAW established a relationship with the Trans-European Law Firms Alliance (TELFA), a network of nearly 25 independent law firms representing more than 700 lawyers through Europe. Subsequently, in 2010 we entered a similar affiliation with the ALN (formerly the Africa Legal Network) to further our service and reach. Additional USLAW member firms are located throughout Canada, Latin America, and Asia. How is USLAW NETWORK Membership Determined. Firms are admitted to the Network by invitation only and only after they are fully vetted through a rigorous review process. Many firms have been reviewed over the years, but only a small percentage were eventually invited to join. The search for quality member firms is a continuous and ongoing effort. Firms admitted must possess broad commercial legal capabilities and have substantial litigation and trial experience. In addition, USLAW NETWORK members must subscribe to a high level of service standards and are continuously evaluated to ensure these standards of quality and expertise are met. USLAW in Review. All vetted firms with demonstrated, robust practices and specialties Efficient use of legal budgets, providing maximum return on legal services investments Seamless, cross-jurisdictional service Responsive and flexible Multitude of educational opportunities and online resources Team approach to legal services The USLAW Success Story. The reality of our success is simple: we succeed because our firms' clients succeed. Our member firms provide high-quality legal results through the efficient use of legal budgets. We provide cross-jurisdictional services eliminating the time and expense of securing adequate representation in different regions. We provide trusted and experienced specialists quickly. When a difficult legal matter emerges whether it s in a single jurisdiction, nationwide or internationally USLAW is there. Success.
4 TABLE of CONTENTS ALABAMA Carr Allison Charles F. Carr...1 Thomas L. Oliver, II...2 ALASKA Richmond & Quinn Robert L Richmond...3 ARIZONA Jones, Skelton & Hochuli, P.L.C. Edward G. Hochuli...4 Phillip H. Stanfield...5 CALIFORNIA Dillingham & Murphy, LLP Patrick J. Hagan...6 Jack C. Henning...7 Klinedinst PC Kurt U. Campbell...8 Kevin J. Gramling...9 Ernest L. Weiss...10 Murchison & Cumming, LLP Richard C. Moreno...11 Robinson & Wood, Inc. Joseph C. Balestrieri...12 Snyder Law, LLP Barry Clifford Snyder...13 COLORADO Rothgerber Johnson & Lyons LLP Troy R. Olsen...14 FLORIDA Carr Allison Christopher Barkas...15 Wicker Smith O Hara McCoy & Ford P.A. James R. Brown...16 Kurt M. Spengler...17 J.J. (Spike) Wicker, II...18 GEORGIA Hall Booth Smith, P.C. Steven D. Prelutsky...19 ILLINOIS SmithAmundsen LLC Lew R.C. Bricker...20 Jamie S. Lane...21 Tanya N. Petermann...22 INDIANA Bingham Greenebaum Doll LLP Phil L. Isenbarger...23 IOWA Simmons Perrine Moyer Bergman PLC Mark J. Herzberger...24 Michael McDonough...25 Kevin J. Visser...26 KENTUCKY Bingham Greenebaum Doll LLP D. Craig Dance...27 LOUISIANA McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC Kyle P. Kirsch...28 Michael R. Sistrunk...29 MAINE Richardson, Whitman, Large & Badger Wendell G. Large...30 MARYLAND Franklin & Prokopik, PC Robert T. Franklin...31 Tamara B. Goorevitz...32 Andrew Thor Stephenson...33 MICHIGAN Clark Hill PLC Paul E. Scheidemantel...34 MINNESOTA Larson King, LLP Anthony J. Novak...35 Mark A. Solheim...36 MISSISSIPPI Carr Allison Douglas Bagwell...37 Copeland, Cook, Taylor & Bush, P.A. James R. Moore, Jr...38 Dale G. Russell...39 MISSOURI Baty, Holm, Numrich & Otto, PC Lee M. Baty...40 Robert P. Numrich...41 Theresa A. Otto...42 Lashly & Baer, P.C. Kevin L. Fritz...43 MONTANA Davis, Hatley, Haffeman & Tighe, P.C. Paul R. Haffeman...44 NEBRASKA Baird Holm LLP Steven D. Davidson...45 Jennifer D. Tricker...46
5 TABLE of CONTENTS NEVADA Thorndal Armstrong Delk Balkenbush & Eisinger Kevin R. Diamond...47 Michael P. Lowry...48 James J. Jackson...49 NEW JERSEY Clyde & Co US LLP Matthew W. Bauer...50 Jeffrey L. O Hara...51 NEW MEXICO Modrall Sperling Timothy L. Fields...52 NEW YORK Ahmuty, Demers & McManus Patrick J. Cooney...53 Brian J. Donnelly...54 Michael C. Salvo...55 Goldberg Segalla LLP Albert J. D Aquino...56 John J. Jablonski...57 Patrick B. Naylon...58 NORTH CAROLINA Poyner Spruill LLP Randall R. Adams...59 Steven B. Epstein...60 Thomas K. Lindgren...61 OHIO Roetzel & Andress Brian J. Augustine...62 Bradley L. Snyder...63 Bradley A. Wright...64 OKLAHOMA Pierce Couch Hendrickson Baysinger & Green, L.L.P. John C. Condren...65 Peter L. Wheeler...66 OREGON Williams Kastner Marc M. Carlton...67 Eric J. Neiman...68 PENNSYLVANIA Thomas, Thomas & Hafer LLP Stephen E. Geduldig...69 Todd B. Narvol...70 SOUTH CAROLINA Sweeny, Wingate & Barrow, P.A. Mark S. Barrow...71 SOUTH DAKOTA Riter, Rogers, Wattier & Northrup, LLP Robert C. Riter...72 TENNESSEE Martin, Tate, Morrow & Marston, P.C. Lee L. Piovarcy...73 TEXAS Fee, Smith, Sharp & Vitullo, L.L.P. Thomas W. Fee...74 Michael P. Sharp...75 UTAH Strong & Hanni, PC Peter H. Barlow...76 Paul M. Belnap...77 Peter H. Christensen...78 VIRGINIA LeClairRyan Mark B. Goodwin...79 Gretchen A. Jackson...80 Harry R. ( Bob ) Yates, III...81 WASHINGTON Williams Kastner Rodney L. Umberger...82 David W. Wiley...83 WEST VIRGINIA Huddleston Bolen LLP Paul J. Loftus...84 Mary Hylton Sanders...85 WISCONSIN SmithAmundsen LLC John J. O Neill Sr...86 WYOMING Williams, Porter, Day and Neville PC Scott E. Ortiz...87 International CANADA BRITISH COLUMBIA Clark Wilson LLP Samantha Ip...88
6 Carr Allison 1 ALABAMA Charles F. Carr Carr Allison 6251 Monroe Street, Suite 200 Daphne (Mobile), AL (251) Office (251) Fax (251) Cell (251) Home (205) Alternative [email protected] ACTA (American College of Transportation Attorneys) DRI Transportation ABA Transportation TLA (Transportation Lawyers Association) Mr. Carr has handled transportation litigation for major motor carriers in all counties of Alabama and multiple states throughout the United States over the course of a 35 year trial career. He has tried over 100 cases and served as national coordinating counsel for a top 10 transportation insurer. He has lectured and written on unique strategies for defusing the most difficult motor carrier cases in forums across the country. He was selected for membership in ACTA, a transportation legal honor society limited to 25 defense attorneys throughout the United States. TIDA Seminar on National Verdict Trends, 2012 Arkansas Trucking Seminar, National Truck Verdict Trends, 2012 Broker/Shipper Liability, Progressive Insurance Company, 2012 Unique Approaches to Resolving High Exposure Cases, USLAW Client Conferences, 2011 and 2008 ATA General Counsel Forum Presentation on Punitive Damages, 2007 In addition, over 65 in-house presentations have been made for motor carriers and transportation insurers throughout the United States. Titles of the articles and entities to whom the presentations have been made are not disclosed due to attorney client privileges. Coverage matters for Carr Allison are handled by Alabama attorney Allan Jones, Florida attorney Hal Mardenborough, and Mississippi attorney Tom Carpenter. All are shareholders of the Carr Allison law firm. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Carr Allison represents more than 50 of the top 100 transportation companies in the United States. We will average deploying a rapid response team at one or the other of our Carr Allison offices once a week. 1977, J.D., University of Alabama School of Law 1974, B.S., University of Alabama
7 Carr Allison 2 ALABAMA Thomas L. Oliver, II Carr Allison 100 Vestavia Parkway Birmingham, AL (205) Office (205) Fax (205) Cell (205) Home [email protected] Alabama Trucking Association Trucking Industry Defense Association (TIDA) Defense Research Institute (DRI) Transportation Transportation Lawyers Association (TLA) American Bar Association Tom Oliver has practiced in the transportation arena for over 20 years, representing transportation companies in all phases of litigation. He focuses over two-thirds of his practice to the defense of motor carriers in both court and regulatory systems. Tom primarily handles litigation in the state and federal courts of Alabama, but has routinely advised motor carriers and their insurers in jurisdictions throughout the United States. He has also served as oversight counsel for cases pending in other jurisdictions. Tom serves as the Chair of Carr Allison s Transportation Practice Group and has previously served as Chair of the USLAW Transportation Practice Group. He has given seminars to national organizations such as the American Trucking Association (ATA), RIMS, and USLAW. He has been recognized as a SuperLawyer in transportation as well as listed in Best Lawyers in American and Corporate Counsel s top counsel. RIMS Transportation Industry Presentation, 2010, 2011, 2012 Distracted Driving Liability, RIMS Motor Carrier presentation, 2009 Punitive Damages, USLAW Trucking seminar presentation, 2008 Hot Topics, RIMS Motor Carrier presentation, 2008 Truck Accident Litigation, Cumberland School of Law seminar, 2007 Rapid Response, USLAW Boot Camp, 2007 State of Trucking Litigation, Great West seminar, 2007 Nuts and Bolts of Trucking Litigation, RIMS Motor Carrier presentation, 2007 Hiring and Firing Drivers, USLAW Transportation seminar, 2005 Handling Catastrophic Claims, ATA Litigation Forum presentation, 2005 Placard or Logo Liability, USLAW Transportation seminar, 2004 Trucking Litigation A-Z, Kingsway Transportation seminar, 2004 Representative Articles 2003, Passenger Liability Analysis, State-bystate compendium 2003, The Admissibility of Electronic Control Module Data at Trial 2003, Document Retention / Electronic Data Preservation 2007, Spoliation, State by State compendium Carr Allison has a Rapid Response GO TEAM available 24/7 to respond to accidents scenes. In addition to lawyers, Carr Allison has direct access to field adjusters/investigators, experts (including accident reconstruction engineers, biomechanical engineers, metallurgical engineers, and ECM and EDR experts), and criminal defense counsel. Carr Allison responds to dozens of accidents on an annual basis. 1989, J.D., Cumberland School of Law 1986, B.S., Applied Mathematics, Auburn University
8 Richmond & Quinn 3 ALASKA Robert L. Richmond Richmond & Quinn 360 K Street, Suite 200 Anchorage, AK (907) Office (907) Fax (907) Cell (907) Home [email protected] National Transportation Safety Board Attorneys Association Maritime Lawyers Association Bob Richmond has practiced in the transportation field in Alaska since His primary focus in the industry involves representation of air carriers and maritime shipping interests. He has counseled major airlines and shippers, and has also represented them in court proceedings in the Federal and State courts of Alaska. Numerous seminars for the Alaska Air Carriers Association 1996 to Richmond & Quinn has a Go team prepared 24/7 to respond to aviation and maritime accidents. 1970, University of Oregon Law School 1965, Georgetown University
9 Jones, Skelton and Hochuli, P.L.C. 4 ARIZONA Edward G. Hochuli Jones, Skelton and Hochuli, P.L.C North Central Avenue, Suite 800 Phoenix, AZ (602) Office (602) Fax (602) Cell (480) Home [email protected] Trucking Industry Defense Association (TIDA) Board of Directors of TIDA for nine years American Trucking Association (ATA) Defense Research Institute (DRI) I initially started doing transportation defense work more than 25 years ago. I currently devote roughly 50% of my practice to defense of Transportation companies and their drivers. My firm has tried more than 50 transportation cases to verdict, many of which were for wrongful death and/or complicated injuries (such as brain injuries, paraplegic, and quadriplegic cases. I was on the board of directors of TIDA for nine years (the maximum allowable). I have spoken extensively at seminars and training sessions that focused on issues particular to the commercial transportation industry. Finally, I have been responding to rapid response situations involving serious accidents since the early 90s and have been on 24 hour call for my clients since then. I have spoken at numerous TIDA, USLAW, and DRI seminars as well as programs put on by numerous trucking companies and insurance carriers. My firm has been doing transportation coverage work since its inception. Mike Halvorson, one of my partners, devotes an extensive portion of his practice to coverage work and has authored numerous coverage opinions related to each of these forms: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. I have been doing rapid responses for more than 25 years. Over the last 10 years, my firm and I have handled an average of around rapid responses per year. I have been on 24 hour call for my clients for the last 25 years and I have developed relationships with most of the accident reconstructionists, transportation adjusters, and other transportation rapid response resources in this State. My firm and I are typically able to begin a rapid response within minutes of receiving notice from our clients and make it our practice to coordinate a reconstruction of an accident, a Level 1 inspection of Commercial Vehicle, an ECM Download, interview of known witnesses, and all required post-accident drug testing within 24 hours of receiving notice of the accident. 1976, J.D., University of Arizona College of Law, with Distinction 1972, B.A., University of Texas, El Paso, Texas, with Honors
10 Jones, Skelton and Hochuli, P.L.C. 5 ARIZONA Phillip H. Stanfield Jones, Skelton and Hochuli, P.L.C North Central Avenue, Suite 800 Phoenix, AZ (602) Office (602) Fax (602) Cell (602) Alternative [email protected] DRI Transportation American Trucking Association Arizona Trucking Association Trucking Industry Defense Association (TIDA) I initially started doing transportation defense work in Since then, I have devoted between 75-90% of my practice to defense of Transportation companies and their drivers. I have tried 12 transportation cases to verdict. Some of these cases involved wrongful death, serious injury, including brain injury. I am also a Fellow in the American College of Trial Attorneys. I have spoken extensively at seminars or training sessions at which transportation was the sole topic. I have also put together post accident document retention and evidence preservation protocols for several major motor carriers. Finally, I have been responding to emergent serious accidents since the early 90s and have been on 24 hour call for my clients since then. April 2010: ATA TMC Annual Meeting Legal Implications of On Board Safety Systems, an Update February 2009: AZTA Basics of Trucking Accident Investigation 2008: ATA General Counsel Forum Close Encounters; Warning Devices and Other Electronic Data Issues September 2008: Fall USLAW Client Conference Minimizing and Understanding Risk- Preparation for Discovery in Catastrophic Losses April 2008: ATA TMC Annual Meeting Legal Implications of On Board Safety Systems March 2008: USLAW Client Conference Cleaning up Corporate Representation March 2008: USLAW Client Conference Trucking Vice Punitive Damages from a Juror s Perspective Spring 2007: USLAW Client Conference Electronic Document Retention and Production This firm has been doing transportation coverage work since its inception. Mike Halvorson, a partner, devotes an extensive portion of his practice to coverage work and has authored numerous coverage opinions related to each of these forms: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form, MCS-90 Yes. I have been doing rapid responses since In the last 10 years, I have averaged 8-12 rapid responses per year. I have been on 24 hour call for my clients for the last 20 years and have relationships with most of the accident reconstructionists, transportation independent adjusters and other transportation rapid response resources in this State. I can usually facilitate within 24 hours a reconstruction of an accident, Level 1 inspection of Commercial Vehicle, ECM Download and Biomechanical review of an accident. 1987, J.D, Arizona State University College of Law, cum laude 1982, B.S, Chemical Engineering, University of Arizona
11 Dillingham & Murphy, LLP 6 CALIFORNIA Patrick J. Hagan Dillingham & Murphy, LLP 601 California Street, 19th Floor San Francisco, CA (415) Office (415) Fax (415) Cell (415) Alternative [email protected] Activities are limited to FDCC, DRI and USLAW His father was in the moving and storage industry and Patrick began working on trucks at age 16, eventually becoming a peak season driver/packer for Bekins Van Lines in the Washington D.C. area. He was associated with U.S. Department of Transportation for 25 years and worked in MBA program on distribution management. Patrick began litigating transportation cases in 1976, and has tried three to verdict. Of his approximately 250 transportation cases, 90%+ were trucking/cargo, approximately 12 were Admiralty/Jones Act, two involved air cargo, and two involved multi-modal cargo. ABA Litigation Section 1995 London Program, Speaker, Understanding Lloyds and Equitas Representative Articles Punitive Damages: California Model Applying Gore and State Farm, Federation of Insurance & Corporate Counsel Quarterly (Spring 2004) Blueprint For General Causation Analysis In Toxic Tort Litigation, Federation of Insurance & Corporate Counsel Quarterly (Fall 2003) State Variations on the Daubert Theme, Federation of Insurance & Corporate Counsel Quarterly (Fall 2000) Ortiz v. Fibreboard: Another Blow to Plaintiffs Classes as a Means to Resolve Mass Tort Litigation, Federation of Insurance & Corporate Counsel Quarterly (Fall 1999) Gatekeeping and the Admissibility of Scientific Evidence in the Post Daubert/Joiner/Kumho Tire World, Federation of Insurance & Corporate Counsel Quarterly (Summer 1999) Medical Monitoring: Will Buckley Have An Effect?, Federation of Insurance & Corporate Counsel Quarterly (Fall 1998) Mass Torts: The Windsor Decision And Considerations For A Coordinated Defense, Federation of Insurance & Corporate Counsel Quarterly (Summer 1998) Federal Standards for the Admissibility of Expert Testimony Based on Novel and Unfounded Scientific Theories, Federation of Insurance & Corporate Counsel Quarterly (1992) Dillingham & Murphy has been performing rapid response work for a number of years throughout Northern California. Members of the firm are on 24-hour call for our clients and are able to arrange for accident reconstruction, independent adjusters, EMC download, and other rapid response resources with short notice. 1975, J.D., University of California Hastings College of Law 1969, M.B.A. (not completed), American University 1965, B.S., St. Joseph s University
12 Dillingham & Murphy, LLP 7 CALIFORNIA Jack C. Henning Dillingham & Murphy, LLP 601 California Street, 19th Floor San Francisco, CA (415) Office (415) Fax (415) Cell (415) Home [email protected] Jack Henning chairs Dillingham & Murphy, LLP s Commercial Transportation Practice Group. He represents many of the country s largest motor carriers and their drivers in litigation throughout Northern California, where he has practiced law for over twenty years. Jack also leads Dillingham & Murphy s rapid response group, which has given him the opportunity to respond to many commercial transportation accidents, including accidents involving death and serious injury. Jack has tried many cases to verdict in Northern California. Furthermore, he is an arbitrator for the San Francisco Superior Court, including for commercial transportation cases. Jack also is AV rated by Martindale-Hubble. Jack has been performing rapid response work for a number of years throughout Northern California. Jack and other members of the firm are on 24-hour call for their clients and are able to arrange for accident reconstruction, independent adjusters, EMC download, and other rapid response resources with short notice. 1987, J.D., University of Oregon, Moot Court Team, Journal of Environmental Law and Litigation 1984, B.S., Southern Illinois University, magna cum laude
13 Klinedinst PC 8 CALIFORNIA Kurt U. Campbell Klinedinst PC 501 W Broadway, Suite 600 San Diego, CA (619) Office (619) Fax (619) Cell [email protected] Kurt Campbell has been practicing law for over 18 years. Kurt helps oversee the transportation practice in four offices throughout California. He supports Klinedinst s 24 hour rapid response protocol ensuring availability to clients 24 hours a day for immediate response to accident and catastrophic loss scenes. Mr. Campbell has broad experience including all aspects of litigation and has defended auto, commercial auto, and commercial trucking companies and mass carriers from both property damage and injury claims. Mr. Campbell has achieved Martindale Hubbell s highest rating for legal ability and ethical standards, and been named to the San Diego Super Lawyers list from In 2009 and 2010, Kurt was honored by his peers as a San Diego Top Attorney and featured in the San Diego Daily Transcript. He was also named a Top Attorney by San Diego Metropolitan Magazine in 2011 and On average, Klinedinst PC s number of responses is twice a year. 1993, J.D., University of San Diego School of Law 1990, B.A., San Diego State University, cum laude , Heidelberg University, Germany
14 Klinedinst PC 9 CALIFORNIA Kevin J. Gramling Klinedinst PC 5 Hutton Centre Drive, Suite 1000 Santa Ana, CA (714) Office (714) Fax (714) Cell [email protected] Kevin J. Gramling, the managing shareholder at the firm s Orange County office, has extensive experience defending product liability, premises liability, mold and indoor air quality, environmental, transportation, and construction defect claims. Kevin Gramling is an AV Preeminent Peer Rated attorney, having achieved Martindale Hubbell s highest rating for legal ability and ethical standards. On average, Klinedinst PC s number of responses is twice a year. 1997, J.D., California Western School of Law 1988, B.A., Villanova University
15 Klinedinst PC 10 CALIFORNIA Ernest L. Weiss Klinedinst PC 5 Hutton Centre Drive, Suite 1000 Santa Ana, CA (714) Office (714) Fax (714) Cell [email protected] Ernest L. Weiss is a Shareholder at Klinedinst PC with extensive experience in transportation law. He has obtained jury verdicts in multiple transportation cases including tractor-trailer, loading and offloading, and other vehicular accidents. Mr. Weiss is an AV Preeminent Peer Review Rated attorney, having achieved Martindale Hubbell s highest rating for legal ability and ethical standards. On average, Klinedinst PC s number of responses is twice a year. 1983, J.D., McGeorge School of Law, University of the Pacific 1979, B.S., Santa Clara University
16 Murchison & Cumming, LLP 11 CALIFORNIA Richard C. Moreno Murchison & Cumming, LLP 801 South Grand Avenue, 9th Floor Los Angeles, CA (213) Office (213) Fax (310) Cell (213) Alternative DRI Transportation Practice Group American Trucking Association ABA Transportation Practice Group Transportation Lawyers Association Richard C. Moreno is a Senior Partner and Chair of the Transportation Practice Group of Murchison & Cumming, LLP. Mr. Moreno focuses his practice in the area of transportation liability, specializing in the handling of catastrophic injury cases, including matters involving multiple wrongful deaths. He has over 10 years of experience as a transportation attorney, defending trucking companies and owner-operators in matters including freight and property claims and large loss injury. Mr. Moreno leads the firm s rapid response attorneys, and maintains teams of accident reconstruction experts, adjusters and investigators, who are ready to respond to the scene of an accident at a moment s notice. Mr. Moreno has earned the distinction of having been chosen by his peers as a Southern California Super Lawyer. He is AV-rated by Martindale-Hubbell. Sophisticated User Defense: The Evolution of a Principle, USLAW Client Conference Product Liability, 2010 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 Murchison & Cumming provides complete commercial transportation coverage service and has knowledge of commercial transportation insurance policies, including the Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. The firm s Insurance Law practice group handles all coverage matters, regularly providing advice and/or handling litigation involving the transportation industry, with in-depth experience analyzing motor carrier liability insurance issues. Murchison & Cumming maintains a rapid response team of attorneys, accident reconstruction experts, adjusters and investigators who can respond to the scene of an accident at a moment s notice. On average, the firm receives 10 responses annually. 1997, J.D., Whittier Law School 1994, B.A. Political Science, University of Southern California
17 Robinson & Wood, Inc. 12 CALIFORNIA Joseph C. Balestrieri Robinson & Wood, Inc. 227 North First Street San Jose, CA (408) Office (408) Fax (831) Cell (831) Home wood.com Joseph C. Balestrieri heads the firm s Transportation Practice Group. Joe has over 20 years experience representing motor carriers, transportation carriers and their insureds. He has tried case in Federal and State courts throughout California. Joe in AV rated by Martindale-Hubble. On average, Joe is retained to assist in 8-10 immediate responses annually on behalf of transportation clients and their insurance carriers. 1984, J.D., University of Santa Clara School of Law 1981, B.A., Political Science, University of Santa Clara , Gonzaga-in-Florence, Florence, Italy
18 Snyder Law, LLP 13 CALIFORNIA Barry Clifford Snyder Snyder Law, LLP 420 S. Fairview Avenue, Suite 102 Santa Barbara, CA (805) Office (805) Fax (805) Cell TIDA Trucking Industry Defense Association TLA Transportation Lawyers Association ATA American Trucking Association Diplomate, American Board of Trial Advocates Barry Snyder has been practicing law for more than 35 years, the last 25 of which have been devoted largely to representation of transportation clients in a variety of matter. He is frequently called upon in Rapid Response matters (approximately 10+ time each year), and handles all forms of transportation claims, ranging from cargo, subrogation and HAZMAT situations, to multi-vehicle, fatality and catastrophic injury claims. Barry has more trial experience than a handful of California attorneys, having tried to verdict in excess of 140 jury trials through California, in both state and federal court. Approximately 70% of Barry s practice is devoted to transportation related matters. The Importance of Surveillance, USLAW Transportation Practice Group, USLAW Client Conference, Dana Point, CA, April 12-14, 2012 Tort Reform: Is the Pendulum Swinging Back? Trucking Industry Defense Association (TIDA), Orlando, FL, November 9-11, 2010 Innovative Solutions for Current Problems in AZ and CA, Sedgwick University Lunch N Learn Webinar, Long Beach, CA, May 4, 2010 Making Alternative Fees Work For Everyone, CLM 2010 Annual Conference, Orlando, FL, March 14-16, 2010 Alternative Legal Fees: Be Innovative or Become Extinct, CLM 2009 Annual Conference, Phoenix, AZ, March 11-13, 2009 No commercial coverage work performed at present, but we have intimate knowledge of these commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Snyder Law averages about 10 responses per year. 1974, J.D., Loyola University School of Law 1970, B.S., Bacteriology, University of California at Los Angeles (UCLA)
19 Rothgerber Johnson & Lyons LLP 14 COLORADO Troy R. Olsen Rothgerber Johnson & Lyons LLP One Tabor Center 1200 Seventeenth Street, Suite 3000 Denver, CO (303) Denver Office (719) Colorado Springs Office (719) Fax (719) Cell (719) Home (719) Alternative DRI Transportation Practice Group Troy Olsen chairs the Rothgerber Johnson & Lyons Transportation Practice Group. He provides litigation and consulting services for motor carriers, insurers, shippers, brokers, freight forwarders, and third-party logistics organizations. He handles most aspects of law related to transportation and trucking, including defending personal injury and wrongful death cases, property loss, cargo loss and damage, and commercial claims in the field of transportation, trucking and motor vehicle law. Troy is experienced in organizing and supervising serious injury investigations, and leads Rothgerber Johnson & Lyons immediate response group. Troy has extensive experience in the courtroom and has tried cases and represented transportation clients in both the federal and state court. Preparing the Non-Traditional Witness for Deposition, USLAW Seminar, Transportation Track, Phoenix, AZ, April, 2011 Representative Articles MMSEA Alert: Personal Injury Settlements & Medicare Compliance, RJ&L Alert, February 2010 Colorado Compendium of Transportation Law for inclusion in USLAW Transportation Law Compendium, Spring 2008 Rothgerber Johnson & Lyons LLP provides coverage services to include writing coverage opinions to litigating declaratory judgment actions. We have analyzed and provide coverage advice on the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, and Business Auto Coverage Form. Troy has been doing rapid response since 2000, and averages two to four rapid responses per year. Troy is on 24-hour call and has relationships with accident reconstruction experts and independent adjusters. 1992, J.D., University of Idaho, cum laude 1987, B.S., Business Management, Brigham Young University
20 Carr Allison 15 FLORIDA Christopher Barkas Carr Allison 305 S. Gadsden Street Tallahassee, FL (850) Office (850) Fax (850) Cell (850) Home TIDA Trucking Industry Defense Association USLAW Transportation Practice Group Florida Trucking Association Florida Defense Lawyers Association Although Chris handled some trucking cases in the early 1990 s, he has had a focused Transportation practice for close to 15 years. Chris has handled many different types of cases for transportation companies directly as well as through insurance carriers and TPAs. Approximately two thirds of his practice is devoted to the defense of motor carriers and their drivers. In addition, Chris has helped companies with DOT audit issues. Chris is admitted to practice in State and Federal Courts (Northern and Middle Districts) of Florida. Chris serves as Co-Chair of Carr Allison s Transportation Practice Group and is in the leadership of the USLAW Transportation Practice Group. In order to stay current on transportation issues, Chris regularly attends industry events such as TIDA, DRI and the ABA Megaconference. Chris has presented at seminars to transportation company representatives, insurance carrier representatives and other lawyers specializing in transportation defense. Over the years, Chris has presented at USLaw Transportation conferences and travels to client offices to present more personalized educational sessions. He is a member of ABOTA; has a Martindale Hubble AV rating; and has been named a 2010 Florida Trend Legal Elite. Speaker, 2010 Seminar at the office of a national transportation company presented the Rapid Response section at a two-day transportation boot camp Speaker, 2009 Seminar at the office of a TPA on Rapid Response issues Moderator, 2008, USLAW Transportation Seminar Hot Topics in Transportation Law Speaker, 2007 Great West Seminar, State of Trucking Litigation in Florida Speaker, 2007 Seminar at the office of a TPA on trucking verdicts and North Florida venues Speaker, 2003 USLAW Transportation Seminar Theft and Protection of Assets In our Tallahassee office, Hal Mardenborough handles our coverage work. He has handled commercial trucking coverage matters, is familiar with the policies and issues involved and has substantial bad faith experience (avoidance and litigation). We have intimate knowledge of these commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Carr Allison has a Rapid Response GO TEAM available 24/7 to respond to accident scenes. In addition to lawyers, Carr Allison has direct access to field adjusters/ investigators, experts (including accident reconstruction engineers, biomechanical engineers, metallurgical engineers, and ECM and EDR experts), and criminal defense counsel. Carr Allison responds to dozens of accidents on an annual basis. 1984, J.D., Cumberland School of Law 1980, B.S., Florida State University
21 Wicker Smith O Hara McCoy & Ford P.A. 16 FLORIDA James R. Brown Wicker Smith O Hara McCoy & Ford P.A. 100 North Tampa Street, Suite 1800 Tampa, FL (813) Office (813) Fax (813) Cell (813) Home [email protected] Wicker Smith is a law firm member of the ATA Defense Research Institute Florida Defense Lawyers Association American Board of Trial Advocates James R. Brown, a partner in the Tampa office, joined Wicker Smith in In his 34+ years of practicing law, Mr. Brown has served as lead counsel in over 100 civil jury trials, many involving catastrophic claims in the areas of commercial motor vehicle accidents, general liability, products liability, and construction litigation. He has represented many prestigious clients, to include AIG, Vanliner Insurance, Landstar Systems, Sunbelt Rentals, Inc., Waste Management, Navistar and Nationwide. Among his professional affiliations, Mr. Brown is a member of the American Board of Trial Advocates, an invitation only group of trial attorneys required to be certified by the local bench and bar as exceptional practitioners in the community. He is also an active member in the Hillsborough County Bar Association, Defense Research Institute and the Florida Defense Lawyers Association. His success as a litigator has earned him an AV Preeminent rating from Martindale- Hubbell, the highest rating award by that organization. Speaker, Overview of Closed Head Injuries, Annual Wicker Smith Claims Seminar, Orlando, FL, June 11, 2010 Speaker, On the Road Again A synopsis of the most recent legal concerns facing the trucking industry, Annual Wicker Smith Claims Seminar, Orlando, FL, July 27, 2007 We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. On average Wicker Smith responds to and assists with immediate responses on an annual basis. 1976, J.D., Cumberland School of Law 1973, B.A., Business, University of North Carolina
22 Wicker Smith O Hara McCoy & Ford P.A. 17 FLORIDA Kurt M. Spengler Wicker Smith O Hara McCoy & Ford P.A. 390 North Orange Avenue, Suite 1000 Orlando, FL (407) Office (407) Fax (407) Cell (407) Home [email protected] Wicker Smith is a law firm member of the ATA Transportation Lawyers Association Defense Research Institute American Board of Trial Advocates Kurt Spengler, a partner in the Orlando office, is a board certified trial lawyer by the Florida Bar Board of Legal Specialization and. Kurt has over 20 years experience and has tried approximately 60 civil jury trials, including at least 10 wrongful death cases. Kurt has represented motor carriers for most of his career, but over the past five years, his work in this area has increased to approximately 60% of his practice. Kurt is currently the Chair of Wicker Smith s Transportation Practice Group, which oversees the transportation practice in a 120 attorney, seven office, law firm. Kurt has also been designated as a major case unit attorney assigned to handle catastrophic and brain injury claims for Zurich North America. Other represented national clients include: Landstar Systems, Inc., Armellini Express Lines, National Freight, Inc., Vanliner Insurance and Publix. An ardent litigator, Kurt has earned a number of distinctions including an AV Preeminent rating by Martindale-Hubbell. He was named 2006 Best of the Bar by the Orlando Business Journal, Legal Elite by Florida Trend magazine and listed in Florida Super Lawyers from 2008 to Kurt regularly attends many transportation law conferences sponsored by TIDA, TLA, ATA, DRI and USLAW. Trucking Litigation: Overhaul of the Federal Motor Carrier Safety Regulations and Negligent Hiring, Retention and Maintenence, Annual Wicker Smith Claims Seminar, Orlando, FL, June 11, 2012 Fire Loss Claims, Annual Wicker Smith Claims Seminar, Orlando, FL, June 11, 2011 Identifying Fraudulent Claims, Annual Wicker Smith Claims Seminar, Orlando, FL, June 11, 2010 Defending Reflex Sympathetic Dystrophy Claims, Annual Wicker Smith Claims Seminar, Orlando, FL, June 11, 2010 Claims of Traumatic Brain Injury, Annual Wicker Smith Claims Seminar, Orlando, FL, May 8, 2009 Trucking Litigation and the Spoliation of Evidence, Examine various new technological advances in the operation of commercial motor vehicles and how they can help and hinder the defense in truck crash litigation, Annual Wicker Smith Claims Seminar, Orlando, FL, June 6, 2008 Defending Percutaneous Discectomy Cases, Bio- Mechanical Experts & The New Pip Law, Annual Wicker Smith Claims Seminar, Orlando, FL, June 6, 2008 Prosecuting and Defending Catastrophic Injury Cases, The National Business Institute, February 26, 2008 Proposals for Settlement, Fraud on the Court & Incident Reports, Annual Wicker Smith Claims Seminar, Orlando, FL, August 18, 2006 We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. On average Wicker Smith responds to and assists with immediate responses on an annual basis. 1987, J.D., University of Florida 1984, B.S., Accounting, University of Florida
23 Wicker Smith O Hara McCoy & Ford P.A. 18 FLORIDA J.J. (Spike) Wicker, II Wicker Smith O Hara McCoy & Ford P.A. 515 North Flagler Drive, Suite 1600 West Palm Beach, FL (561) Office (561) Fax (561) Cell (561) Home [email protected] Wicker Smith is a law firm member of the ATA Transportation Lawyers Association Defense Research Institute Florida Defense Lawyers Association American Board of Trial Advocates Spike has more than 25 years of civil trial defense experience with more than 200 jury trials. He heads up the West Palm Beach office of Wicker Smith and is involved in most serious trials including death and catastrophic injury cases. Though he has always been involved in trucking cases, over the past five years, it has expanded to approximately 60 % of his practice. He is an AV Preeminent rating by Martindale-Hubbell, the highest rating awarded by that organization and a member of the American Board of Trial Advocates. Among the cases he has tried, Spike represented a truck that turned in front of an oncoming motorcycle. The driver of the motorcycle fractured most of the bones in his body and claimed brain damage. Because of thorough discovery and surveillances, he was able to settle the case for 1 million after demands of many times greater. He also tried a bad burn case in which the plaintiff was killed and there was an allegation of a failure to warn of a disabled truck. Just prior to the verdict, the plaintiff s attorney accepted the offer that was made at the beginning of litigation. Speaker, Evaluation of Orthopedic Claims, Annual Wicker Smith Claims Seminar, Orlando, FL, June 11, 2010 Speaker, Trucking Litigation and the Spoliation of Evidence, Examine various new technological advances in the operation of commercial motor vehicles and how they can help and hinder the defense in truck crash litigation, Annual Wicker Smith Claims Seminar, Orlando, FL, June 6, 2008 Speaker, On the Road Again, A synopsis of the most recent legal concerns facing the trucking industryannual Wicker Smith Claims Seminar, Orlando, FL, July 27, 2007 Speaker, Premises Liability, the Knockdown Rule & Letters of Protection, Annual Wicker Smith Claims Seminar, Orlando, FL, August 18, 2006 We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. On average Wicker Smith responds to and assists with immediate responses on an annual basis. 1975, J.D., Cumberland School of Law 1973, M.B.A., Samford University 1972, B.S., University of Florida
24 Hall Booth Smith, P.C. 19 GEORGIA Steven D. Prelutsky Hall Booth Smith, P.C. 191 Peachtree Street, NE, Suite 2900 Atlanta, GA (404) Office (404) Fax (678) Cell (404) Home Trucking Industry Defense Association USLAW Transportation Practice Group Transportation Lawyer s Association Tennessee Trucking Association Georgia Motor Trucking Association Steve is the leader of Hall Booth s Transportation Practice Group. Steve s experience in transportation litigation includes a wide array of clients, such as insurers, insureds and various self-insurance funds. Whether the claim involves property or personal injury aspects, his experience in insurance coverage, driver-fatigue, negligent entrustment, driver-employment issues, intermodal and leasing issues has well prepared him to coordinate the various experts and investigators who are necessary in these cases that often have the possibility of huge losses. Steve has represented the transportation industry in Federal and State courts throughout Georgia and Tennessee. Steve serves as the Vice-Chair of the USLAW Transportation Practice Group. Speaker, Blood Work: Administering Workers Compensation Programs, ATA Forum for Motor Carrier General Counsels, July 25-28, 2010 Moderator, What to do with Catastrophic Damage Cases, USLAW Client Conference, April 17, 2010 Speaker, Watching the Bottom Line, DRI Trucking Seminar Trucking in 2010 Solution for a New Decade, February 5, 2010 Host, Transportation Hot Topic Roundtable, USLAW Client Conference, March, 2009 Host, Transportation Hot Topic Roundtable, USLAW Client Conference, September 12, 2008 Panelist, Driver Decisions Independent Contractors, Statutory Employees, Owner- Operator, Employee Drivers and Best Practices, USLAW Network Transportation Seminar, May 24, 2005 The transportation attorneys at Hall Booth Smith are experienced in handling all aspects of trucking claims inclusive of insurance coverage issues. Particularly, the attorneys have experience dealing with issues associated with the Truckers Coverage Form, Business Auto Coverage Form, Motor Carrier Coverage Form, MCS90, cargo and other issues pertinent to motor carriers. On average, our firm responds to requests for immediate response annually. 1993, J.D., Georgia State University, cum laude 1983, B.S., Accountancy, University of Missouri Columbia
25 SmithAmundsen LLC 20 ILLINOIS Lew R.C. Bricker SmithAmundsen LLC 150 N. Michigan Avenue Suite 3300 Chicago, IL (312) Office (312) Fax (847) Cell (847) Home (847) Alternative DRI Transportation Practice Group ABA Transportation Practice Group TIDA TLA Chicago Traffic Club Illinois State Bar Association Energy, Utilities, Telecommunications, and Transportation Committee International Warehouse Logistics Association Intermodal Association of North America Delta Nu Alpha Lew Bricker co-chairs SmithAmundsen Commercial Transportation Practice Group. He represents many of the country s largest motor carriers, specialized carriers, commercial transportation insurers and their insureds, commercial motor vehicle operators, logistics companies and intermodal companies in state and federal court throughout Illinois. Lew leads SmithAmundsen s immediate response group. Commercial transportation comprises 75% of his practice. Lew has tried cases and represented the commercial transportation industry throughout Illinois in both federal and state court and has been representing transportation companies for more than fifteen years. Lew represents motor carriers and their insurers in cargo claims, regulatory matters, non-traditional liability matters, property damage matters, coverage disputes and administrative hearings. Lew is a certified transportation mediator by TLA. Program Designer, Co-coordinator, and Speaker, The Motor Carrier and Some Things You Should Know, USLAW Trucking Boot Camp IV, Omaha, NE, August, 2012 Non-Traditional Transportation Liability Best Business Practices, Romulus, MI, August, 2012 Escape for Alcatraz: Avoiding Ethical Pitfalls and Perils, American Trucking Association Forum for Motor Carrier General Counsel, San Francisco, CA, July, 2012 Theories of Liability Against Transportation Intermediaries and Shippers, Marsh-USLAW Roundtable, New York, NY, May 2012 Speaker/Moderator, CSA Industry Considerations and How They Are Adapting, Miami, FL, TIDA Advanced Seminar, February, 2012 Top Ten Trends and Illinois Law Update, Motor Carrier Seminar, Tampa, FL, December, 2011 Immediate Response to Jury Selection, American Conference Institute s National Forum on Defending and Managing Trucking Litigation, Orlando, FL, December, 2011 The Essentials Course: Transportation Law, International Warehouse Logistics Association, Memphis, TN, October, 2011 Representative Articles Denial of Shipper Liability Claim Upheld by Illinois Appellate Court, Transportation Law Alert, April, 2012 Lightning Strikes Twice As Cook County Jury Awards More than $27 Million to Plaintiffs and Against Motor Carrier, Logistics Provider and Shipper Engaged in Joint Venture, Transportation Law Alert, March, 2012 Sperl v. C. H. Robinson Appeal Denied by the Illinois Supreme Court $ million dollar Verdict Stands, Transportation Law Alert, October, 2011 Co-author, In the Wake of Sperl: Best Practices Following an Eight Figure Judgment Against a Freight Broker, IWLA, June, 2011 Co-author, Illinois Appellate Court Affirms $ Million Dollar Judgment Against Broker Sperl v. C.H. Robinson, Transportation Law Alert and Transportation E Brief, April, 2011 Survey of Broker Liability Cases, Marsh-USLAW 2011 Co-author, The Power of Online Investigation How to Survive and Maximize the Use of Technology and Web Sites in Litigation, ABA MegaConference X Course Materials, March, 2011 Author and Co-Author, I-9 Audits, E-Verify and Electronic I-9 s, Preparing to Respond to Catastrophic Losses: Immediate Response, Post Accident Investigation after the Immediate Response, Opening the Door to Broker Liability Sperl, et al. v. C.H. Robinson, et al., and Indemnification and Risk Shifting in the Motor Carrier Industry, Office Moving Alliance Conference, October, 2010 We provide complete commercial transportation coverage services ranging from preparing coverage opinions to litigating declaratory judgment actions. We have experience with all types of commercial transportation policies, including business auto, truckers coverage, garage operations, bobtail, and cargo. We also provide counsel to our clients with respect to MCS-90 liability, interstate commission requirements, broker and other non-traditional liability and other state and federal laws affecting commercial transportation coverage. We are routinely involved in facilitating tenders amongst parties and their insurers pursuant to insurance contracts, as well as contractual indemnification agreements and restrictive law, and the Uniform Intermodal Interchange and Facilities Access Agreement. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. On average the Illinois office of SmithAmundsen LLC responds and assists with to 25 to 35 immediate responses annually. 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
26 SmithAmundsen LLC 21 ILLINOIS Jamie S. Lane SmithAmundsen LLC 150 N. Michigan Avenue Suite 3300 Chicago, IL (312) Office (312) Fax (630) Cell (630) Home DRI - Transportation Group ABA Transportation Group Mid-West Truckers Association (Northern IL Advisory Board) Transportation Lawyers Association National Tank Truck Carriers Assoc. Transportation & Logistics Council National Defense Transportation Association Transportation Litigators Claims Association of Greater Chicago (Board of Directors) Jamie Lane is a partner in the firm s Chicago office concentrating his practice in Commercial Transportation. He is an experienced trial attorney, having tried over 90 trials to verdict in many Illinois venues including Cook, its surrounding counties and southern Illinois districts including Madison County. Recent verdicts include defeating multiple claims of catastrophic injuries including those of a plaintiff with over $1.0 million in medical bills, claim for traumatic brain injury and extensive orthopedic injuries of 24 year old bicyclist, as well as numerous claims of total disability, spoliation of evidence, and punitive damages against a national transportation companies. For over sixteen years, Jamie has been concentrating his practice in the representation of motor carriers and their insurers in state and federal jurisdictions. In addition to litigating matters at trial, he counsels them in all aspects of their business including the Federal Motor Carrier Safety Regulations. He is a member of SmithAmundsen s Commercial Transportation Rapid Response Team which is responsible for coordinating the securing of evidence, experts, and responding to catastrophic losses throughout Illinois and northern Indiana. Jamie also performs monitoring work and associates as counsel at the request of excess lines in catastrophic losses. Jamie is licensed to practice in the State of Illinois, and the Northern, Central and Southern Federal Districts of Illinois and is a member of the Federal Trial Bar. In addition to his trial work, Jamie is well versed in Alternative Dispute Resolution having successfully resolved countless losses through ADR in his career. He has received a preeminent AV rating from Martindale-Hubbell. Presenter, Emerging Trends in IL Law, Client al Seminar, Mechanicsburg, PA, October, 2012 Instructor and Presenter, Keith E. Roberts Sr. Civil Trial Advocacy Workshop, DuPage County Bar Association, 2012 Moderator and Presenter, Social Media Sleuthing, CAGC, April, 2012 Presenter, State of Transportation, Client al Seminar, Chicago, IL September, 2011 Presenter, Premises Liability in Illinois, Client al Seminar, Atlanta, GA, August, 2011 Presenter, Spoliation of Evidence and Negligent Entrustment/Hiring in the Trucking Industry, Mid-West Truckers Association, July, 2010 Presenter, Illinois Compendium of Law, client seminar, February, 2010 Speaker, A Bad Day, client seminar, Mechanicsburg, PA, June, 2009 Representative Articles Emerging Trends in IL Law, October, 2012 Author, State of Transportation, Client al Seminar, September, 2011 Author and Presenter, Spoliation of Evidence, Negligent Hiring/Retention in the Trucking Industry, July, 2010 Author and Presenter, Transportation Rapid Response, Spoliation and E-Discovery, April, 2009 Compliance and Conspicuity, InTransit, DRI Trucking, 2008 We provide complete commercial transportation coverage services ranging from preparing coverage opinions to litigating declaratory judgment actions. We have experience with all types of commercial transportation policies, including business auto, truckers coverage, garage operations, bobtail, and cargo. We also provide counsel to our clients with respect to MCS-90 liability, interstate commission requirements, and other state and federal laws affecting commercial transportation coverage. We are routinely involved in facilitating tenders amongst parties and their insurers pursuant to insurance contracts, as well as contractual indemnification agreements and restrictive law, and the Uniform Intermodal Interchange and Facilities Access Agreement. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. On average the Illinois office of SmithAmundsen LLC responds and assists with to 25 to 35 immediate responses annually. 1991, J.D., DePaul University 1988, B.S., Commerce, DePaul University, with honors
27 SmithAmundsen LLC 22 ILLINOIS Tanya N. Petermann SmithAmundsen LLC 150 N. Michigan Avenue Suite 3300 Chicago, IL (312) Office (312) Fax (847) Cell TIDA DRI Transportation Practice Group Tanya is a partner in SmithAmundsen s Chicago office and has practiced for over eight years as a Commercial Transportation Attorney. Her current practice areas include commercial transportation, product liability, and property damage litigation. She concentrates her practice on all types of civil litigation from contractual disputes to catastrophic personal injury matters. She is licensed to practice in the State of Illinois, United States District Court of Northern District of Illinois, United States District Court of Central District of Illinois, United States District Court of Southern District of Illinois, and United States District Court of Northern District of Indiana. Tanya also coordinates immediate responses to catastrophic accidents as part of SmithAmundsen s Rapid Response Team. By doing so, she has been able to achieve early evaluation of significant accidents, ensure the preservation of evidence and protect attorney client privilege. Program Designer, Co-coordinator, and Speaker, The Motor Carrier and Some Things You Should Know, USLAW Trucking Boot Camp IV, Omaha, NE, August, 2012 Rapid Response What Client Expectations Are, Omaha, NE, August, 2012 Social Networking, the Internet, Claims and Litigation, 2012 USLAW Women s Collection, Austin, TX, April, 2012 Transportation: How to Investigate, Defend, and Resolve Truck Accident Claims, CLM seminar, Oakbrook Terrace, IL, November, 2011 Litigation 102, CLM seminar, Oakbrook Terrace, IL, September, 2011 Litigation 101, CLM, Oakbrook Terrace, IL, June, 2011 Program Designer, Co-coordinator, and Speaker, Rapid Response What to do when the Call Comes In, USLAW Trucking Boot Camp III, Omaha, NE, August, 2010 Program Co-coordinator, USLAW Trucking Boot Camp II, Omaha, NE, July, 2008 Program Co-coordinator, USLAW Trucking Boot Camp, Omaha, NE, September, 2007 Representative Articles Author, Commercial Transportation Law Update, SmithAmundsen Case Reports, present. Co-author, Being Prepared Some Alternative Considerations for Minimizing Risk, Protecting Your Company and Doing Business Just a Little Bit Better, International Warehouse Logistics Association, March, 2010 We provide complete commercial transportation coverage services ranging from preparing coverage opinions to litigating declaratory judgment actions. We have experience with all types of commercial transportation policies, including business auto, truckers coverage, garage operations, bobtail, and cargo. We also provide counsel to our clients with respect to MCS-90 liability, interstate commission requirements, and other state and federal laws affecting commercial transportation coverage. We are routinely involved in facilitating tenders amongst parties and their insurers pursuant to insurance contracts, as well as contractual indemnification agreements and restrictive law, and the Uniform Intermodal Interchange and Facilities Access Agreement. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. On average the Illinois office of SmithAmundsen LLC responds and assists with to 25 to 35 immediate responses annually. 2004, J.D., The John Marshall Law School, cum laude 1998, B.S., Accounting, University of Dayton, cum laude
28 Bingham Greenebaum Doll LLP 23 INDIANA Phil L. Isenbarger Bingham Greenebaum Doll LLP 10 West Market Street, Suite 2700 Indianapolis, IN (317) Office (317) Fax (317) Cell (317) Home USLAW Transportation Practice Group TLA Transportation Lawyers Association ABA TIPS and Transportation IADC International Association of Defense Counsel Phil Isenbarger is a litigation partner with Bingham Greenebaum Doll LLP, in Indianapolis, Indiana, with over 25 years of litigation and trial experience. Over 50% of his practice has been devoted to the defense of drivers and trucking companies including actions for wrongful death, catastrophic personal injuries, property damage, cargo claims and breach of contract matters. He previously chaired the firm s Litigation Department and chairs the firm s Transportation Practice Group. Mr. Isenbarger has tried cases in State and Federal court and also is a Certified Mediator in the State of Indiana. A member of the USLAW Transportation Practice Group, Mr. Isenbarger also is an active member of the American Bar Association, the International Association of Defense Counsel, Transportation Lawyers Association and is AV rated by Martindale Hubel as well as being named a Super Lawyer by his peers. Speaker for ACC (Association of Corporate Counsel). Presentation on depositions: Rule 30(b)(6) Depositions, Negotiate, Designate, Educate and Prepare. Speaker for IBA, Cross Examining a Difficult Witness, Las Vegas, November Bench Bar 2007, Handling a Difficult Witness. Representative Articles USLAW Magazine, If Not You Mr. President, Who Speaks for the Company? April 1, TMJ & Chiropractors, Healthcare Evidence. Author of text and seminar presentations, ICLEF, Fire Litigation and Cross Examination of Medical Experts. Author of text and seminar presentation, We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Mr. Isenbarger and his law firm have transportation rapid response experience. The number of rapid responses has been between 3-5 per year for many years. We are connected with local adjusting firms and reconstruction experts that allow us to be on the scene of an accident for investigation and representation immediately after notification of an accident. 1984, J.D., Indiana University (Maurer School of Law, Bloomington, Indiana) 1981, B.S., Indiana University (Kelly School of Business)
29 Simmons Perrine Moyer Bergman PLC 24 IOWA Mark J. Herzberger Simmons Perrine Moyer Bergman PLC 115 Third Street SE, Suite 1200 Cedar Rapids, IA (319) Office (319) Fax (319) Cell (319) Home Trucking Industry Defense Association (TIDA), member since 1999 Defense Research Institute (DRI), Trucking Law Committee USLAW Transportation Practice Group Iowa Motor Truck Association Since 1987, Mark Herzberger has devoted approximately 75% of his practice to transportation-related issues, including accident defense, cargo claims, property damage claims, agent disputes and breach of contract claims. He has served as national defense counsel for one of the largest motor carriers in the country for over twenty years, and during that time has handled cases all over the country, and has managed cases assigned to local counsel in all parts of the country. Simmons Perrine Moyer Bergman has extensive experience with all types of insurance coverage issues, including those related to motor carriers. Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Mark has been the firm s primary contact for rapid responses for over ten years and has averaged 4-5 rapid responses over the past several years. He has relationships with a number of highly qualified and experienced reconstructionists and adjusters in the state and can respond quickly to all of the firm s clients needs. 1987, J.D., University of Iowa, with distinction 1979, BBA, University of Iowa
30 Simmons Perrine Moyer Bergman PLC 25 IOWA Michael McDonough Simmons Perrine Moyer Bergman PLC 115 Third Street SE, Suite 1200 Cedar Rapids, IA (319) Office (319) Fax (319) Cell Trucking Industry Defense Association (TIDA) Transportation Lawyers Association (TLA) Michael McDonough has over 20 years experience in Commercial Transportation litigation bodily injury, freight claims, agent and broker agreements and relations and insurance coverage disputes. He has trial experience in over 20 different jurisdictions. Twenty-twenty-five per cent of his practice involves transportation matters. Michael McDonough, Mark Herzberger and Robert Konchar all deal with various coverage issues. Simmons Perrine Moyer Bergman has extensive experience with all types of insurance coverage issues, including those related to motor carriers. Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Simmons Perrine Moyer Bergman maintains a Rapid Response Team and has been called upon one to two times per year. 1981, J.D., Creighton University 1977, B.A., University of Iowa
31 Simmons Perrine Moyer Bergman PLC 26 IOWA Kevin J. Visser Simmons Perrine Moyer Bergman PLC 115 Third Street SE, Suite 1200 Cedar Rapids, IA (319) Office (319) Fax (319) Cell (319) Home (319) Alternative Transportation Lawyers Association Kevin J. Visser has handled trial, appellate, business competition, and employment counsel for trucking industry clients of all sizes in state and federal courts since Trucking clients have required 50% of his time since 2007, and between 10% and 25% prior to that. Sexual Harassment, Iowa State Bar Association s 2010 Labor & Employment Seminar, October 26, 2010 Pattern and Practice Discrimination: Highlighting EEOC v. CRST, USLAW Network, Inc. Fall 2010 Client Conference, October 7-9, 2010 The Dangers of Employee Misclassification, 4th Annual Corporate Counsel Forum, University of Iowa College of Law, Iowa Chapter of the Association of Corporate Counsel, October 1-2, 2010 The Gauntlet: EEOC/OSHA/NLRB Enforcement Agendas, ATA Litigation Center s Forum for Motor Carrier General Counsels Featuring a One-Day Symposium on Highway Accident Litigation, July 25-28, 2010 Current Developments in Federal Employment Litigation, Iowa Defense Counsel Association Spring Seminar, April 9, 2010 Simmons Perrine Moyer Bergman has extensive experience with all types of insurance coverage issues, including those related to motor carriers. Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. The average number of responses Simmons Perrine Moyer Bergman receives on an annual basis is six. 1980, J.D., University of Iowa College of Law 1978, B.A., B.S. in Economics, Central Missouri State
32 Bingham Greenebaum Doll LLP 27 KENTUCKY D. Craig Dance Bingham Greenebaum Doll LLP 300 West Vine Street, Suite 1100 Lexington, KY (859) Office (859) Fax (859) Cell (859) Home (859) Alternative DRI Trucking Law Committee USLAW Network Transportation Practice Group Transportation Lawyer s Association Craig Dance has engaged in the practice of law in all courts federal and state since He has approximately 10 years of experience in the defense of commercial transportation entities in personal injury cases, which represents approximately 25% of his practice. Presented program on punitive damages and derivative liability to clients of Cottingham & Butler (2003). Craig averages one rapid response per year. 1977, J.D., Northern Kentucky University Simon P. Chase College of Law 1972, B.A., History, Thomas Moore College
33 McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch LLC 28 LOUISIANA Kyle P. Kirsch McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch LLC 400 Lafayette Street, Suite 100 New Orleans, LA (504) Office (800) Fax (504) Cell (504) Home (504) Alternative Defense Research Institute (DRI) Louisiana Association of Defense Counsel (LADC) Kyle P. Kirsch is a member of the McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC law firm. He represents many of the country s largest motor carriers. He has tried and represented the commercial transportation industry and excess insurers throughout Louisiana in both federal and state courts and has been representing transportation companies for the past eight years. He has handled numerous cases involving experts in the fields of accident reconstruction, biomechanics, MROs, DOT, toxicologists and fatigue experts. McCranie Sistrunk averages one to two rapid responses per year. McCranie Sistrunk has a rapid response team that is on call 24 hours a day for their clients and has developed a team of accident reconstructionists, private investigators and criminal lawyers who can respond to an accident once the rapid response team is activated. 1999, J.D., Louisiana State University, Paul M. Hebert Law Center 1996, B.A., Loyola University, cum laude
34 McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch LLC 29 LOUISIANA Michael R. Sistrunk McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch LLC 195 Greenbriar Blvd., Suite 200 Covington, LA (504) Office (800) Fax (504) Cell (985) Home (504) Alternative Trucking Industry Defense Association (TIDA) Transportation Lawyers Association (TLA) Defense Research Institute (DRI) Louisiana Association of Defense Counsel (LADC) Michael R. Sistrunk is the former USLAW Chair having served on the Executive Committee for the past five years. He is a founding member of the McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC law firm. He represents many of the country s largest motor carriers. He has tried numerous cases and represented the commercial transportation industry and excess insurers throughout Louisiana in both federal and state courts and has been representing transportation companies for the past twenty years. He has handled numerous cases involving accident reconstruction, biomechanics, MROs, DOT and fatigue experts including those involving drivers operating under the influence of controlled dangerous substances. McCranie Sistrunk averages one to two rapid responses per year. McCranie Sistrunk has a rapid response team that is on call 24 hours a day for their clients and has developed a team of accident reconstructionists, private investigators and criminal lawyers who can respond to an accident once the rapid response team is activated. 1976, J.D., Louisiana State University, Paul M. Hebert Law Center 1974, B.A., Louisiana State University
35 Richardson, Whitman, Large & Badger 30 MAINE Wendell G. Large Richardson, Whitman, Large & Badger 465 Congress Street P.O. Box 9545 Portland, ME (207) Office (207) Fax (207) Cell DRI Transportation Practice Group Transportation Lawyers of America Wendell Large s focus is trial work: jury trials, court trials, arbitrations and regulatory proceedings. He has been trying cases in Maine for more than 25 years. His cases have not been limited by subject matter, but have included representation of commercial transportation claims for more than 10 years, and steady representation for more than five years. Wendell has been recognized as a Fellow of the American College of Trial Lawyers, has been elected to the American Board of Trial Advocates, and has been certified as a Civil Trial Advocate by the National Board of Trial Advocacy. One of the lawyers in our firm has extensive coverage experience and is one of the better known insurance coverage lawyers in Maine. Richardson, Whitman, Large & Badger handles approximately one emergency response per year. 1978, J.D., University of Virginia School of Law 1975, A.B., University of North Carolina at Chapel Hill, with honors
36 Franklin & Prokopik, PC 31 MARYLAND Robert T. Franklin Franklin & Prokopik, PC The B & O Building, Suite North Charles Street Baltimore, MD (410) Office (410) Fax (410) Cell (410) Home (410) Alternative [email protected] Past Chair, ABA-TIPS Commercial Transportation Litigation Committee Past Chair, DRI Transportation Practice Group Vice Chair, Federation of Defense and Corporate Counsel (FDCC) Transportation Section Secretary, USLAW Transportation Practice Group Trucking Industry Defense Association (TIDA) Transportation Lawyers Association (TLA) Association of Transportation Legal Professionals (ATLP) National Tank Truck Carriers (NTTC) American Moving & Storage Association (AMSA) Transportation Section of the Federal Bar Association Robert Franklin has twenty-seven years of transportation law experience. He is General Counsel, Maryland Motor Truck Association (MMTA); MMTA Person of the Year Award (2009); General Counsel, Towing and Recovery Professionals of Maryland; and Counsel, Maryland Movers Conference. Robert s practice emphasizes representation of motor carriers, private fleet operators, freight brokers, and their insurers, in a variety of legal matters, including accident litigation defense, workers compensation defense, regulatory, and contracts and other corporate matters. Covering Your Assets Helping Transportation Related Entities Protect Assets and Minimize Exposure (Transportation Lawyers Association Regional Conf.; Chicago, IL; 1/21/11) Combating Workers Compensation Fraud and Abuse, Including Exposure for Owner Operators (Marquis Insurance Seminar; Newark, NJ; 11/3/10) Protecting Against Potential Excess Exposure in Trucking Claims (Truck Claim Boot Camp; Denver, CO; 10/19/10) Trucking and Transportation Law Update (Maryland Motor Truck Association Management Conference; Washington, D.C.; 9/24/10) Expanding Theories of Liability Against Freight Brokers (American College of Transportation Attorneys Seminar; Chicago, IL; 8/10/10) Interaction of PIP, UM, and Work Comp. in Truck Claims (Truck Claims Boot Camp; Harrisburg, PA; 6/24/10) The Scary New World of Truck Accident Litigation (National Tank Truck Carriers Regional Safety Meeting; Baltimore, MD; 9/17/09) Structuring Motor Carrier/Broker Relationships (ATA Management Conference; New Orleans, LA; 10/7/08) Representative Articles Preservation of Evidence in Truck Claims Series (Big Truck TV blog; 11/09 11/10) Broker Liability: Casualty Claims (Co-Author; American College of Transportation Attorneys; Spring 2010) But I Didn t Do It!: Expanding Theories of Vicarious Liability (FDCC Quarterly; Vol. 58, No. 4, PP ; Summer 2008) Dangerous Liaisons: Structuring Motor Carrier/Broker Relationships (American Trucking Associations; June 2008) Workers Compensation Exposure for Owner Operators (White paper, Maryland Motor Truck Association; May 2008) We routinely handle all aspects of coverage matters involving various transportation related policies. For example, we have handled matters which include: vetting, drafting, and interpretation of occupational accident policies; MCS 90 issues; coverage for a tractor being pulled by another carrier; coverage disputes between commercial auto and non-trucking liability policies; coverage issues for all forms of commercial auto insurance. Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form, MCS-90 We routinely receive a number of emergency response calls each month. We have our own Emergency Response toll free number ( ) manned by an operator on a 24/7/365 basis. We also have a comprehensive Go Team (including attorneys, field adjusters, accident reconstruction, and criminal defense attorneys) in all jurisdictions in which we practice. 1983, J.D., University of Maryland School of Law, with honors; John C. Thomas prize for graduating second in class; Order of the Coif; Member, Maryland Law Review 1979, B.A., Psychology, Duke University, cum laude
37 Franklin & Prokopik, PC 32 MARYLAND Tamara B. Goorevitz Franklin & Prokopik, PC The B & O Building, Suite North Charles Street Baltimore, MD (410) Office (410) Fax (410) Cell (410) Home (410) Alternative [email protected] Chair, DRI Trucking Law Committee Program Chair, DRI Trucking Law Seminar, February 2010 Trucking Industry Defense Association (TIDA) Transportation Lawyers Association (TLA) Chair, Logistics and E-Commerce Committee of the Transportation Lawyers Association Associate Member, Transportation Intermediaries Association (TIA) Tamara Goorevitz has fifteen years of transportation law experience. Her practice emphasizes trucking and transportation law, including defense of liability and insurance coverage actions for motor carriers, brokers, freight forwarders and/or their insurers, and the litigation of freight charge and freight loss and damage claims in state and federal courts throughout Maryland and the District of Columbia. Cargo Claims Update, Transportation Industry Defense Association Annual Meeting, October, 2010 What You Don t Know About Vicarious Liability Might Hurt You: $23 Million Reasons to Pay Attention, DRI Trucking Law Seminar, February, 2010 Brokers and 3PLs Are You Risking Liability and Expense?, Transportation Industry Defense Association Annual Meeting, October, 2009 Real World Ideas for Real World Problems, Transportation Intermediaries Association Annual Convention, April, 2009 Protecting Your Assets - Who s Liable?, Transportation Intermediaries Association Annual Convention, April, 2008 Carrier Qualification and Marketing in the Age of Schramm, Transportation Intermediaries Association Annual Convention, April, 2007 Broker Liability: The New Frontier in Trucking Litigation?, DRI Trucking Law Seminar, April 2006 Representative Articles Court of Appeals of Georgia finds broker is not vicariously liable for acts of motor carrier and driver, The Transportation Lawyer; Vol 10, Number 4, February, 2009 The Use of Photogrammetry in Accident Reconstruction: Can Expert Opinions Be Successfully Challenged?, For The Defense, January, 2009 There s Only You and Me and We Just Disagree: The Eleventh Circuit and the Second Circuit Issue Conflicting Opinions and Muddy the Waters of Liability for Cargo Damage for International, Multimodal Shipments, American Trucking Associations Management Conference, July, 2007 Co-Author, Indemnification of Permissive Users: Coverage Expansion in Tractor-Trailer Insurance?, For The Defense, February, 2005 We routinely handle all aspects of coverage matters involving various transportation related policies. For example, we have handled matters which include: vetting, drafting, and interpretation of occupational accident policies; MCS 90 issues; coverage for a tractor being pulled by another carrier; coverage disputes between commercial auto and non-trucking liability policies; coverage issues for all forms of commercial auto insurance. Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form, MCS-90 We routinely receive a number of emergency response calls each month. We have our own Emergency Response toll free number ( ) manned by an operator on a 24/7/365 basis. We also have comprehensive Go Team (including attorneys, field adjusters, accident reconstruction, and criminal defense attorneys) in all jurisdictions in which we practice. 1998, J.D., University of Baltimore School of Law, cum laude; Staff Member, University of Baltimore Law Review 1995, B.S., Political Science, James Madison University, cum laude
38 Franklin & Prokopik, PC 33 MARYLAND Andrew Thor Stephenson Franklin & Prokopik, PC The B & O Building, Suite North Charles Street Baltimore, MD (410) Office (410 ) Fax (443) Cell (410 ) Alternative [email protected] TIDA ABA, Commercial Transportation Litigation Committee (former chair) Andrew Stephenson started doing transportation defense work when he joined Franklin & Prokopik in Since then, he has devoted at least ninety percent of his practice to the commercial transportation industry. For the first six years, Andrew worked almost exclusively under the mentorship of Bob Franklin. He has tried at least twenty-five transportation cases to jury verdict, and has also handled hundreds of bench trials. Andrew is also associate General Counsel to the Maryland Motor Truck Association and General Counsel to the Towing and Recovery Professionals of Maryland. TIDA Annual Seminar: Speaker: 2011 ABA, Transportation Megaconference, Speaker: 2005, 2007, 2009, Chair: 2011 USLAW, Werner Truck Boot Camp: 2007, 2010 Arkansas Trucking Conference, Speaker: 2007, 2009 Representative Articles Top Ten Developments in Trucking, ABA, Transportation Megaconference, 2007, 2009, 2011 Direct Observation Drug Testing, TIDA, Fall 2009 Intermodal Container Chassis, TIDA, Fall 2009 Recent Developments in Commercial Transportation Litigation, Tort Trial & Insurance Practice Law Journal, Winter 2006, Vol. 41, No.2 Franklin & Prokopik, PC routinely handles all aspects of coverage matters involving various transportation related policies. For example, we have handled matters which include: vetting, drafting, and interpretation of occupational accident policies; MCS 90 issues; coverage for a tractor being pulled by another carrier; coverage disputes between commercial auto and non-trucking liability policies; coverage issues for all forms of commercial auto insurance. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Emergency response to catastrophic loss accidents involving commercial vehicles is a very large aspect of my practice. I have personally handled the rapid responses in over a hundred accidents over the past ten years. We have our own Emergency Response toll free number ( ) manned by an operator on a 24/7/365 basis. We also have comprehensive Go Team (including attorneys, field adjusters, accident reconstruction, and criminal defense attorneys) in all jurisdictions in which we practice. 1997, Bachelor of Laws, University College London, UK
39 Clark Hill PLC 34 MICHIGAN Paul E. Scheidemantel Clark Hill PLC 500 Woodward Avenue Suite 3500 Detroit, MI (313) Office (313) Fax (248) Cell (248) Home Paul E. Scheidemantel has 15 years of commercial transportation experience, including accident claim defense; freight claims; contract claims, insurance coverage; and workers disability compensation defense. The percentage of his practice devoted to commercial transportation has varied over the years from approximately 15% to 30%. Clark Hill has extensive experience in commercial insurance coverage work, including experience in commercial transportation coverage work, although more limited in that area. 1987, J.D., New England School of Law 1984, B.A., Business and Economics, Lafayette College
40 Larson King, LLP 35 MINNESOTA Anthony J. Novak Larson King, LLP 30 East 7th Street, Suite 2800 St. Paul, MN (651) Office (651) Fax (651) Cell (651) Home Tony Novak represents many national, regional and local motor carriers in both federal and state court. Tony has significant experience in handling rapid response scenarios and coordinating and handling scene investigations. Tony has published and presented on transportation topics and has, for more than five years, been involved in representing and counseling Larson King s motor carrier clients on a host of issues. Most Litigated Issues Pertaining to Industry Documentation and the Federal Motor Carrier Safety Regulations, co-presenter, DRI Trucking Law Seminar (2010) Representative Articles A Bump In The Road: Ascertaining Damages in Transportation Law Cases, co-author, Minnesota Defense (Fall 2004) Larson King handles a broad range of complex insurance disputes including those involving transportation coverage. They have extensive experience litigating insurance coverage claims in both state and federal court, and also serve as national coverage counsel, providing recommendations and advice to clients and attorneys across the country. Larson King has extensive experience analyzing issues involving the Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Larson King handles approximately 10 rapid responses on an annual basis, serving national and regional carriers. 2005, J.D., University of Minnesota Law School 2001, B.A., Accounting, University of St. Thomas
41 Larson King, LLP 36 MINNESOTA Mark A. Solheim Larson King, LLP 30 East 7th Street, Suite 2800 St. Paul, MN (651) Office (651) Fax (651) Cell (651) Home DRI Transportation Practice Group For more than 20 years, Mark Solheim has been defending transportation claims and has worked with national and international carriers on a wide variety of related cases including bodily injury, brain injury and wrongful death. Forty per cent of Mark s practice is dedicated to transportation defense. He has tried over 100 jury trials to completion and is a frequent national speaker and instructor on trial tactics. Mark has been trained by his transportation clients in the empathic response and leads our firm s accident response team. Mark is Vice President of the Minnesota Defense Lawyers association and an active member of DRI. Dealing with Difficult Witnesses, North Dakota Defense Lawyer s Association (Sept. 2010) Faculty, Strategies for Effective Negotiations in Mediation and Court Moderated Settlement Conferences, DRI Seminar (2009) Steering Committee Member, Minnesota Defense Lawyers Association Trial Academy (2009) Defense Perspectives on the Handling of Wrongful Death Actions, Minnesota Association for Justice (Mar. 2008) Faculty, Preeminent Lawyers Superstars of Trial, DRI Seminar (2007) Faculty, Care Providers of Minnesota on Nursing Home Litigation Crisis: How to Avoid/Minimize Risk and Adverse Publicity (Nov. 2006) Faculty, IADC Trial Academy at Stanford University Law School (2006) Faculty, Minnesota Defense Lawyers Brown Bag Seminar Series on Deposition Technique (2004) Larson King handles a broad range of complex insurance disputes including those involving transportation coverage. They have extensive experience litigating insurance coverage claims in both state and federal court, and also serve as national coverage counsel, providing recommendations and advice to clients and attorneys across the country. Larson King has extensive experience analyzing issues involving the Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Larson King handles approximately 10 rapid responses on an annual basis, serving national and regional carriers. 1990, J.D., Hamline University School of Law, cum laude 1988, B.A., Hamline University, cum laude
42 Carr Allison 37 MISSISSIPPI Douglas Bagwell Carr Allison Seaway Road Building 2000, Suite 2001 Gulfport, MS (228) Office (228) Fax (228) Cell (228) Home Mississippi Trucking Association DRI Transportation Practice Group Doug Bagwell is a shareholder with Carr Allison and is a resident in the Gulfport, Mississippi, office. Mr. Bagwell s practice is focused primarily at a trial level in the defense of civil litigation for insurers, insureds, and self-insured corporations in a variety of litigation including, but not limited to, issues involving bad faith, fraud/misrepresentation, coverage, premises liability, products liability, professional liability, construction, automotive and trucking litigation accidents. Mr. Bagwell also does a significant amount of state workers compensation and longshore and harbor workers litigation for both insurance carriers and self-insured companies. Mr. Bagwell is panel counsel in Mississippi for a number of major insurance companies and does statewide defense work for a major trucking company in the State of Mississippi. Mr. Bagwell has an AV rating with Martindale-Hubbell. He is the primary contact for the Gulfport, Mississippi, office of Carr Allison. He is admitted to practice in all state courts in Mississippi; United States District Courts for Northern and Southern Districts of Mississippi; and United States Court of Appeals for the Fifth Circuit. Carr Allison performs commercial transportation coverage work. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Carr Allison has a Rapid Response GO TEAM available 24/7 to respond to accidents scenes. In addition to lawyers, Carr Allison has direct access to field adjusters/investigators, experts (including accident reconstruction engineers, biomechanical engineers, metallurgical engineers, and ECM and EDR experts), and criminal defense counsel. Carr Allison responds to dozens of accidents on an annual basis. 1986, J.D., University of Mississippi School of Law 1977, B.A., History and Anthropology, University of Southern Mississippi, highest honors , Millsaps College
43 Copeland, Cook, Taylor & Bush, P.A. 38 MISSISSIPPI James R. Moore, Jr. Copeland, Cook, Taylor & Bush, P.A Highland Colony Parkway 600 Concourse, Suite 100 Ridgeland, MS (601) Office (601) Fax (601) Cell (601) Home (601) Alternative DRI Transportation Practice Group Transportation Lawyers Association ABA Transportation Mississippi Trucking Association As the chair of Copeland Cook s Transportation Defense Practice Group, Jim Moore has represented commercial transportation insurers and their insureds in federal and state court throughout Mississippi for over 25 years. He leads Copeland Cook s immediate response team with over 70% of his cases focused on the commercial transportation industry. Jim has tried to verdict in excess of 80 cases involving serious injury, wrongful death, contract, bad faith and coverage. He is AV rated by Martindale-Hubbell and has been named one of The Best Lawyers in America, as well as Mid-South Super Lawyers. He speaks frequently at seminars on Transportation issues, Insurance Law, and General Litigation. Jim is a past president of the Mississippi Defense Lawyers Association, Madison County Bar Association, and a member of the Defense Research Institute (DRI). 2011: Southern Farm Bureau Conference Medicare Secondary Payer Act 2008: Mississippi Claims Association & Mississippi Defense Lawyers Association Property Claims/Fire Investigation 2008: Mississippi Farm Bureau Statewide Adjusters Meeting Claims Investigations 2008: Lorman Services Trucking Litigation and D.O.T. Regulations 2008: Southern Farm Bureau Tech/Senior Claims Representative Meeting Legal Update 2007: Mississippi Claims Association & Mississippi Defense Lawyers Association Fraud Claims 2007: USLAW NETWORK, Inc. s Client Conference Insurance/Bad Faith The Storm After the Storm: Legal Issues Facing Insurers in the Aftermath of Hurricane Katrina 2006: Insurance Regulatory Examiners Society (IRES) Chicago Career Development Seminar 2005: National Business Institute (NBI) A Practical Refresher on Litigating the Mississippi Auto Injury Case Attorneys at Copeland Cook issue insurance coverage opinions on a weekly basis on many different insurance coverages including business auto, property and casualty. Most of our transportation related coverage work arises out of Commercial Auto Policies. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Business Auto Coverage Form and the MCS-90. On average, Copeland Cook s transportation attorneys respond to and assist with 10 to 20 rapid responses annually. We have a rapid response team that consists of accident reconstruction experts, former law enforcement, independent adjusters and mechanical experts. 1981, J.D., University of Mississippi 1978, B.A., Marketing, Mississippi State University
44 Copeland, Cook, Taylor & Bush, P.A. 39 MISSISSIPPI Dale G. Russell Copeland, Cook, Taylor & Bush, P.A Highland Colony Parkway 600 Concourse, Suite 100 Ridgeland, MS (601) Office (601) Fax (601) Cell (601) Home (601) Alternative Dale Russell is a shareholder in Copelanld Cook s Transportation Defense Practice Group and has represented commercial transportation insurers and their insureds throughout Mississippi for the past 15 years. He has extensive experience in responding immediately and proactively to accident scenes and is available 24/7 to provide immediate response to clients related to serious accidents in Mississippi. Mr. Russell devotes 65% of his practice to all aspects of Transportation litigation including claims of serious injury, wrongful death, property damage and insurance coverage. Automobile Personal Injury and Uninsured Motorist Claims, MetLife Regional Claims Office, Tampa, FL, 2012 Litigating Personal Injury Claims in Mississippi and Venue Considerations, Dollar General Corporation Claims Center, 2011 Property Coverage Update and Insurance Agent Liability in Mississippi, AmFed Claims Representatives Meeting, 2010 Uninsured/Underinsured Bodily Injury Claims in Mississippi, MetLife Regional Claims Personnel Meeting, Charlotte, NC, 2009 Automobile Liability, General Liability and Mississippi Tort Claims Act, Zurich Atlanta Claims Office/General Liability Group, 2009 Hurricane Katrina: Agent Liability and Bad Faith Claims, Mississippi Claims Association/Professional Insurance Agents Annual Meeting, 2008 Attorneys at Copeland Cook have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and the MCS-90. On average, Copeland Cook s transportation attorneys respond to and assist with 10 to 20 rapid responses annually. We have a rapid response team that consists of accident reconstruction experts, former law enforcement, independent adjusters and mechanical experts. 1997, J.D., University of Mississippi 1995, B.S., Journalism and Marketing, University of Southern Mississippi
45 Baty, Holm, Numrich & Otto, PC 40 MISSOURI Lee M. Baty Baty, Holm, Numrich & Otto, PC 4600 Madison Avenue, Suite 210 Kansas City, MO (816) Office (816) Fax (816) Cell (816) Alternative DRI Transportation Practice Group USLAW Transportation Practice Group In addition to serving as Managing Partner of the Firm, Lee counsels numerous national and regional corporate clients, insurance carriers, and individuals on all matters of law involving civil litigation, appeals, and corporate law. Lee routinely defends large-loss cases at the jury trial and appellate court levels in the areas of trucking, product liability, premises liability, construction defect, discrimination, business torts, advertising injuries, and insurance coverage. Lee has defended national and regional transportation companies in personal injury and property damage cases for over 30 years, including cases involving wrongful death, complex injuries, traumatic brain injuries, and significant vocational rehabilitation and/or life care plans. He is well-versed in the state and federal laws concerning motor carriers, independent drivers, and employees, as well as the FMCSA regulations. Lee is included in The Best Lawyers in America, which is the oldest and most highly-respected peer review guide to the legal profession worldwide. He has long held an AV Preeminent rating, awarded to attorneys demonstrating the highest ethical standards and professional ability, from Martindale-Hubbell, and he has consistently been named as Missouri/Kansas Super Lawyer in civil litigation after a peer review survey to identify the top five-percent of lawyers in Missouri and Kansas. The attorneys at Baty, Holm, Numrich & Otto, PC have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. On average, Baty, Holm, Numrich & Otto, PC responds to and assists with four immediate responses annually. 1981, J.D., University of Missouri at Columbia 1978, B.A., University of Notre Dame
46 Baty, Holm, Numrich & Otto, PC 41 MISSOURI Robert P. Numrich Baty, Holm, Numrich & Otto, PC 4600 Madison Avenue, Suite 210 Kansas City, MO (816) Office (816) Fax (816) Cell (816) Alternative DRI Transportation Practice Group USLAW Transportation Practice Group Bob concentrates his civil trial practice in the areas of transportation litigation, products liability, premises liability, school law and commercial disputes. His trial experience includes the representation of national corporate clients at both the state and federal levels throughout the Midwest. Bob has defended national and regional transportation companies in personal injury and property damage cases for over 40 years, including cases involving wrongful death, complex injuries, traumatic brain injuries, and significant vocational rehabilitation and/or life care plans. He is well-versed in the state and federal laws concerning motor carriers, independent drivers, and employees, as well as the FMCSA regulations. Bob holds an AV rating from Martindale-Hubbell and has been named as Missouri/Kansas Super Lawyer after a peer review survey to identify the top fivepercent of lawyers in Missouri and Kansas. Bob is licensed to practice in the state and federal courts for Missouri and Kansas, as well as the Eighth and Tenth Circuit Courts of Appeals. The attorneys at Baty, Holm, Numrich & Otto, PC have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. On average, Baty, Holm, Numrich & Otto, PC responds to and assists with four immediate responses annually. 1974, J.D., University of Missouri at Kansas City 1970, B.S., Ed., Pittsburg State University
47 Baty, Holm, Numrich & Otto, PC 42 MISSOURI Theresa A. Otto Baty, Holm, Numrich & Otto, PC 4600 Madison Avenue, Suite 210 Kansas City, MO (816) Office (816) Fax (816) Cell (816) Alternative DRI Transportation Practice Group USLAW Transportation Practice Group Theresa has a broad range of legal experience, including the defense of civil lawsuits claiming catastrophic injuries, trucking accidents, employment law, and defective design and construction. Clients trust Theresa with cases involving complex medical injuries and substantial life-care and vocational rehabilitation plans, which lead to large exposure to clients. Theresa has defended national and regional transportation companies in personal injury and property damage cases for over 20 years, including cases involving wrongful death, complex injuries, traumatic brain injuries, and significant vocational rehabilitation and/or life care plans. She is well-versed in the state and federal laws concerning motor carriers, independent drivers, and employees, as well as the FMCSA regulations. She has been named as one of the Top 50 Women Attorneys by Super Lawyers in Missouri and Kansas. She holds an AV rating from Martindale-Hubbell and has consistently been named as Missouri/Kansas Super Lawyer after a peer review survey to identify the top five-percent of lawyers in Missouri and Kansas. Additionally, she was included in Ingram Magazine s 40 Under Forty for the most influential and accomplished leaders of business, government and community in Kansas City. Theresa is licensed to practice in the state and federal courts for Missouri and Kansas, as well as the Eighth and Tenth Circuit Courts of Appeals. The attorneys at Baty, Holm, Numrich & Otto, PC have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. On average, Baty, Holm, Numrich & Otto, PC responds to and assists with four immediate responses annually. 1992, J.D., University of Notre Dame 1989, B.A., Rockhurst College, magna cum laude
48 Lashly & Baer, P.C. 43 MISSOURI Kevin L. Fritz Lashly & Baer, P.C. 714 Locust Street St. Louis, MO (314) Office (314) Fax (314) Cell (314) Home (314) Alternative Trucking Industry Defense Association (TIDA) Defense Research Institute (DRI), Trucking Law Committee Transportation Lawyers Association American Bar Association, Transportation Section Kevin Fritz has over 18 years of experience in transportation law, and 75% of his cases are focused in that area, including catastrophic injury, death, property damage, breach of contract and cargo claims. He is the Chair of the Lashly & Baer Transportation Section and leads Lashly & Baer s immediate response group. He is also the Immediate Past Chair of the USLAW Transportation Practice Group and is regularly included in Missouri and Kansas Transportation Super Lawyers, most recently in 2012, when he was selected as one of the top 50 St. Louis attorneys. Kevin is also AV rated with Martindale-Hubbell, and he is a court-approved mediator for the Missouri state courts. Kevin is also a regular author on commercial transportation industry issues and is an invited speaker by many industry groups. He also currently servies on the Board of Directors of USLAW. Speaker, Rapid Response What to do When the Call Comes In, 2012 USLAW Network, Inc s Trucking Boot Camp, Omaha, Nebraska Speaker, Spoliation of Evidence: A General Overview, 2012 Canal Insurance Company Claims Department Best Practices Series, Greenville, South Carolina Speaker, I Can See Clearly Now: Testing Theories and Accessing Case Values Through Electronic Focus Groups, USLAW Network, Inc. s 2012 Transportation and Client Conference, Dana Point, California Speaker, Claims Investigations: It s Better to be Safe than Sorry, United Van Lines and Mayflower Transit Claims Department Best Practice Services, May 2011, St. Louis, Missouri Speaker, Broker Liability and Current Issues, 2011 Marsh Transportation Bootcamp, Dallas, Texas Speaker, Current Issues in E-Discovery & ADR, 2010 Washington University Law Dispute Resolution Program and United States Arbitration & Mediation Midwest, Inc. Moderator and Panelist, Claims Investigations: It s Better to be Safe than Sorry, 2010, Mayflower Transit and United Van Lines Claims Department Best Practice Series Speaker, Navigating Attacks by Plaintiff s Attorney During the Safety Director s Deposition, USLAW Network, Inc. s 2010 Transportation and Client Conference Moderator and Panelist, Risks and Opportunities Affecting the Commercial Transportation Industry, USLAW Network, Inc. s 2009 Transportation and Client Conference Representative Articles Is Admission of Agency Still a Defense to a Derivative Negligence Claim in Missouri? Transportation E-Brief, May 2012 Injuries to Unauthorized Passengers in Trucking Accidents Pose Unique Issues, USLAW Magazine, Spring 2011 Co-Author, Recent Developments: The Uniform Arbitration Act, J. Disp. Resol. 411, University of Missouri School of Law U.S. Department of Transportation Issues Final Rule Revising Drug Testing Procedures, Transportation E Brief, August 2010 Federal Motor Carrier Safety Administration Pursues Permanent Ban on Texting for Commercial Truck Drivers, Transportation E Brief, April th Circuit Court of Appeals Aligns Itself With The Majority of Appellate Courts on an Important MCS-90 Issue, Transportation E Brief, September 2009 Theft Claims on the Rise in the Transportation Industry, But Remedial Measures Pose Challenges, Transportation E Brief, June 2009 FMCSA Toughens Safety Requirements for New Commercial Truck and Bus Companies, Transportation E Brief, January 2009 Federal Motor Carrier Safety Administration Makes No Change in Hours of Service Rule, Transportation E Brief, December 2008 We have extensive experience analyzing motor carrier liability insurance issues such as carrier policy forms and endorsements; financial responsibility regulations, including MCS 90 liability; and the case law discussing the application of insurance coverage in the context of transportation claims. Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form, MCS-90 Kevin has been doing rapid responses since The Transportation Section at Lashly & Baer handles between 20 to 30 emergency responses annually, and we are on 24-hour call for our clients and have relationships with most of the accident reconstructionists, transportation independent adjusters and other transportation rapid response resources in Missouri. 1993, J.D., University of Missouri-Columbia School of Law 1989, B.S.B.A., University of Missouri-Columbia, cum laude
49 Davis, Hatley, Haffeman & Tighe, P.C. 44 MONTANA Paul R. Haffeman Davis, Hatley, Haffeman & Tighe, P.C. The Milwaukee Station, Third Floor 101 River Drive North Great Falls, MT (406) Office (406) Fax (406) Cell Paul Haffeman has practiced in the transportation field since 1988, and devotes a greater percentage of his practice to transportation related litigation than any other DHHT firm member. In a wide open state with limited population and extreme weather, serious transportation related accidents are a regular occurrence in Montana, and resulting litigation has therefore been a major part of the firm s practice for many decades. Mr. Haffeman has tried cases in Montana s state, federal and tribal courts, has been elected to the American Board of Trial Advocates, and has been recognized as a Super Lawyer in personal injury/defense. Mr. Haffeman is frequently asked to speak on issues which arise in the context of defending transportation claims. Insurance coverage work has long been a staple of DHHT practice, and the firm has several attorneys who perform commercial transportation coverage work. DHHT has a Rapid Response team available to respond to accident scenes, as well as access to field adjusters, accident investigators, and experts in the fields typically involved in analyzing such accidents. 1988, J.D., University of Montana, with honors 1985 B.A., Political Science, Montana State University, with honors
50 Baird Holm LLP 45 NEBRASKA Steven D. Davidson Baird Holm LLP 1500 Woodmen Tower 1700 Farnam Street Omaha, NE (402) Office (402) Fax (402) Cell (402) Home During more than 25 years of litigation practice, focused largely on personal injury defense and commercial litigation, Mr. Davidson has successfully handled multiple complex transportation matters in both state and federal courts, including fatality and punitive damage claims, and high dollar cargo claims. Currently, Mr. Davidson devotes approximately 20% of his time to transportation defense, representing national carriers who require Nebraska counsel. The rapid response group at Baird Holm handles approximately five rapid responses per year. Baird Holm has a 24/7 Rapid Response contact number ( ) and a trained and competent team to respond to our clients needs at any time of the day or night. 1986, J.D., University of Nebraska College of Law, with high distinction 1983, B.A., University of Nebraska at Lincoln, with distinction
51 Baird Holm LLP 46 NEBRASKA Jennifer D. Tricker Baird Holm LLP 1500 Woodmen Tower 1700 Farnam Street Omaha, NE (402) Office (402) Fax (402) Cell (402) Home DRI Transportation Nebraska Transportation Association Jennifer Tricker is a partner in Baird Holm s Litigation Section and focuses approximately 25% of her practice on transportation matters including catastrophic injury, death, and property damage. Ms. Tricker has represented a variety of motor carriers and their insurers in both state and federal court in Nebraska and in Iowa. Representative Articles Disorder or Disability? Mistaken Beliefs and the ADA, Commercial Transportation Litigation Committee Newsletter, Fall/Winter The rapid response group at Baird Holm handles approximately five rapid responses per year. Baird Holm has a 24/7 Rapid Response contact number ((402) ) and a trained and competent team to respond to our clients needs at any time of the day or night. 2004, J.D., University of Nebraska, with distinction, Order of the Coif 1998, B.A., Psychology, Gustavus Adolphus College with honors in Psychology and English
52 Thorndal Armstrong Delk Balkenbush & Eisinger 47 NEVADA Kevin R. Diamond Thorndal Armstrong Delk, Balkenbush & Eisinger 1100 East Bridger Avenue P.O. Box 2070 Las Vegas, NV (702) Office (702) Fax (702) Cell Kevin Diamond has practiced in Nevada since 1993 and has consistently defended professional transportation clients during this time. His experience extends from commercial trucking to motorcycles, automobiles and watercraft in both state and federal courts. Speaker on Skillful Use of Objections from Jury Selection to Closing Argument and Ethical Considerations at the National Business Institute Seminar entitled May it Please the Court - Effective Case Presentation at Trial, November 8, 2012 Adjunct Professor at University of Nevada Las Vegas College of Hotel Administration-SLS 717, Law and Liability in Sport and Leisure Services [Graduate Course], Representative Articles The Right to Voir Dire in Nevada and its Application in the Short Trial Program, published in the Clark County Bar Association Journal, the Communique, May, 2012 Co-Author of the Depositions and Discovery Chapter of the Nevada Civil Practice Manual, Fifth Edition ( ) Take Arbitration Hearings Seriously, published in the Clark County Bar Association Journal, the Communique, August, 2009 The Jury s Skewed Focus, published in the Clark County Bar Association Journal, the Communique, April, 2007 Employer s Liability for an Employee s Intentional Acts, published in the Clark County Bar Association Journal, the Communique, August, 2006 Un-Reality TV: Television Lawyers, published in the Clark County Bar Association Journal, the Communique, February, 2006 Members of Thorndal Armstrong Delk Balkenbush & Eisinger have performed coverage work for clients upon request. Yes. The firm s rapid response team typically deploys to two to four events per year. 1993, J.D., California Western School of Law, cum laude 1990, B.A., Loyola Marymount University, Los Angeles, CA, cum laude
53 Thorndal Armstrong Delk Balkenbush & Eisinger 48 NEVADA James J. Jackson Thorndal Armstrong Delk, Balkenbush & Eisinger 1100 East Bridger Avenue P.O. Box 2070 Las Vegas, NV (702) Office (702) Fax (702) Cell James Jackson has been practicing in Nevada since During this time he amassed trial experience in every county of the state during his tenure as the State Public Defender. Since entering private practice, Mr. Jackson s commercial transportation practice has grown significantly and presently constitutes a substantial percentage of his practice. Mr. Jackson s commercial fleet experience includes representing Nevada s largest cab operator and several national carriers in their Nevada litigation. Representative Articles Did the Supreme Court Kill Consumer Class- Actions,? USLAW Magazine, Fall/Winter 2011 Natural Resources: Water: A New Liquid Gold, 38 Okla. L. Rev. 907, 1985 Members of Thorndal Armstrong Delk Balkenbush & Eisinger have performed coverage work for clients upon request. Yes. The firm s rapid response team typically deploys to two to four events per year. 1986, J.D., University of Oklahoma College of Law 1984, M.S., University of Texas-Arlington 1979, B.S., Oklahoma State University
54 Thorndal Armstrong Delk Balkenbush & Eisinger 49 NEVADA Michael P. Lowry Thorndal Armstrong Delk, Balkenbush & Eisinger 1100 East Bridger Avenue P.O. Box 2070 Las Vegas, NV (702) Office (702) Fax (702) Cell DRI Transportation Practice Group Since entering practice in 2007, a substantial portion of Michael Lowry s practice has focused on the representation of commercial transportation clients. This work has included successfully defending the largest cab operator in Nevada, the largest single contract bus mass transit system in the country and numerous over-theroad and local delivery trucking cases. From the first report of loss through the final appeal, Mr. Lowry has the experience from the smallest to largest of today s intermodal operators. Representative Articles Compelling Discovery Blog, June 2012 to present Expert Disclosure Rules: They Are A Changin, Clark County Bar Association Journal, the Communique, October 2012 Discovering & Protecting Personally Identifying Information: The Basics, Clark County Bar Association Journal, the 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, the Communique, January, 2011 Comparative Negligence Under NRS : Falling Short of Expectations, Nevada Lawyer, February, 2010 Legitimizing Elections Through the Regulation of Campaign Financing: a Comparative Constitutional Analysis and Hope for South Africa, 31 Boston College International & Comparative Law Review 185 (2008) A New Paint Job on an 85 Yugo: BAPCPA Improves Chapter 12 But Will It Really Make a Difference?, 11 Drake Journal of Agricultural Law 231 (2007) Members of Thorndal Armstrong Delk Balkenbush & Eisinger have performed coverage work for clients upon request. Yes. The firm s rapid response team typically deploys to two to four events per year. 2007, J.D., Drake University School of Law 2003, B.A., Drake University
55 Clyde & Co US LLP 50 NEW JERSEY Matthew W. Bauer Clyde & Co US LLP 200 Campus Drive, Suite 300 Florham Park, NJ (973) Office (973) Fax (908) Cell (908) Home (973) Alternative Defense Research Institute (DRI) Trucking Law Committee Transportation Lawyers Association American Trucking Associations American Bar Association Commercial Transportation Litigation Committee Matt Bauer leads Clyde & Co LLP s New Jersey Transportation Practice Group. He represents a number of motor carriers, truck manufacturers and logistics companies in state and federal courts. Matt s work over the past ten years has extended to the defense of personal injury and cargo claims, as well as property damage matters. Matt is a member of the USLAW Transportation Practice Group and has spoken on transportation industry issues. "Current Status of Hours of Service Rule Changes," 2012 USLAW Spring Client Conference, Dana Point, CA, April, 2012 Speaker, Knowing Friend From Foe: Recognizing Driver and Company Conflicts in Litigation at 2010 USLAW Spring Client Conference, Miami, FL Representative Articles Co-author, Defense Research Institute s publication on Evidence Co-author, E-Discovery Under New Jersey Court Rules, published in New Jersey Lawyer magazine (August 2007) Editor, ABA Commercial Transportation Litigation Committee Compendium on Damages (projected summer 2011) Kevin Haas, a partner at the New Jersey office of Clyde & Co US LLP, and his team have advised and can advise on commercial transportation coverage issues. Kevin and his group have knowledge of all the relevant forms, including the Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Over the past decade, attorneys from the New Jersey office of Clyde & Co US LLP have responded to and assisted with emergency response calls as often as monthly. 1996, J.D., Rutgers University School of Law 1988, B.A., History and English, University of Pennsylvania
56 Clyde & Co US LLP 51 NEW JERSEY Jeffrey L. O Hara Clyde & Co US LLP 200 Campus Drive, Suite 300 Florham Park, NJ (973) Office (973) Fax (609) Cell (609) Home (973) Alternative [email protected] Defense Research Institute (DRI) American Trucking Association Jeff O Hara has represented a number of the country s largest motor carriers. He previously supervised major claims investigation and general litigation efforts nationally for a publicly-traded power and energy company, including its transportation fleet. As of June 2010, Jeff has handled over 65 jury trials, with 52 verdicts. The Supreme Court of New Jersey re-certified him as a Certified Civil Trial Attorney in 2006 a recognition he has enjoyed since Jeff is an associate in ABOTA, a member of the IADC and DRI s Trial Tactics Steering Committee. Jeff has been a member of the USLAW Board of Directors since 2007 and its Executive Committee since Faculty, ABOTA Trial College, Princeton University (June 2010) Featured Speaker, USLAW program entitled Spoliation of Evidence the New Tort? (Miami, FL; April 2010) Featured Speaker, DRI Program entitled Damages (Las Vegas, Nevada; March 2010) Faculty, IADC Trial Academy, Stanford University (July 2008) Program Chair, including transportation tracks, USLAW Spring Conference (Miami, Florida; April 2008) Representative Articles Co-Author, Emergency Response Team Coordination in DRI For the Defense (July 2006) Co-Author, The Duty of Corporate Counsel to Preserve Evidence in Metropolitan Corporate Counsel (September 2004) Co-Author, Independent Tort Claims for Spoliation in DRI For the Defense (July 2004) Kevin Haas, a partner at the New Jersey office of Clyde & Co US LLP, and his team have advised and can advise on commercial transportation coverage issues. Kevin and his group have knowledge of all the relevant forms, including the Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Over the past decade, attorneys from the New Jersey office of Clyde & Co US LLP have responded to and assisted with emergency response calls as often as monthly. 1992, J.D., Widener University School of Law 1988, B.A., University of California at Davis 1986, A.A., Mercer County College
57 Modrall Sperling 52 NEW MEXICO Timothy L. Fields Modrall Sperling 500 4th Street NW Suite 1000 Albuquerque, NM (505) Office (505) Fax (505) Cell (505) Home International Association of Defense Counsel National Association of Railroad Trial Counsel Tim Fields is an experienced practitioner in litigation and insurance defense. Tim has represented clients in their civil litigation matters including motor vehicle and trucking accidents, personal injury defense, construction defects, personal injury accidents, FELA, environmental and railroad. Tim serves as lead trial counsel for a number of national companies and he has successfully tried to verdict numerous jury and bench trials. His undergraduate degree in engineering provides a useful background for litigating lawsuits involving technical or engineering issues involving accident reconstruction. Tim has been continuously recognized by Best Lawyers of America since 2007 and was named "Best Lawyers Lawyer of the Year in Railroad Law Albuquerque" in Benchmark Litigation selected Tim as one of the Local Litigation Stars in New Mexico in 2012 and He has achieved an AV rating from Martindale- Hubbell, the highest rating possible based on a peer review. Handling Litigated Personal Injury Claims, A Checklist for Adjustors, Internal program for Mountain States Insurance Company, 2004 Immediate Response to Major Vehicular Accidents, New Mexico Claims Association, 2004 Post Accident Indemnity Claims Against Third Parties, NARTC, 2004 Accident Investigations, BNSF Railroad, 2003 Representative Articles Co-author, Accident Reconstruction and Investigation Modrall Sperling handles underinsured and uninsured coverage analysis for commercial transportation and railroad industry coverage issues. We have intimate knowledge of the following commercial transportation insurance policies: Motor Carrier Coverage Form and Business Auto Coverage Form. Modrall Sperling does have transportation rapid response experience and are willing. 1986, J.D., Georgetown University, cum laude 1980, B.S., Civil Engineering, United States Coast Guard Academy, cum laude
58 Ahmuty, Demers & McManus 53 NEW YORK Patrick J. Cooney Ahmuty, Demers & McManus 200 I.U. Willets Road Albertson, NY (516) Office (516) Fax (516) Cell (516) Home (516) Alternative DRI Transportation Group USLAW Transportation Group Patrick Cooney had been handling transportation matters upon his admission to the bar in Cases have included wrongful death, serious injury, negligent repair and property damage. Mr. Cooney has tried over twenty transportation cases, taking eight of them to verdict. Presently, 30% of Mr. Cooney s practice is devoted to the defense of trucking companies and their drivers. The rest of his practice is devoted to construction litigation, primarily personal injury where he has represented owners, general contractors and subcontractors, navigating New York State s complex Labor Law. Mr. Cooney has successfully tried cases involving New York State Labor Law, products liability, trucking and automobile cases, wrongful death, premises liability, construction defects, toxic tort, environmental law and school district liability. He has taken over 60 cases to verdict since Pattern Jury Instructions: Emergency Charge, Suffolk County Bar Association, 2008 MVA's, Automobile and Trucking, Liberty Mutual, 2007 MVA's, Automobile and Trucking, Chartis, 2007 Defending Trucking Cases, Suffolk County Bar Association, 2006 Yearly lecture to NYSAHA on various topics which include risk management involving premises liability and assumption/risk; beginning in 2005 Our firm has a coverage unit that handles all forms of coverage claims, including those related to commercial transportation. That unit works in conjunction with our Transportation Unit in coordinating the defense of transportation claims with the defense and/or prosecution of related declaratory judgment actions. In addition, they consult with and support our transportation attorneys in maximizing the coverage available to our clients. They have extensive experience in dealing with all forms of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Ahmuty, Demers & McManus s Transportation Rapid Response Team is headed by partner, Brian Donnelly. The firm responds to over 40 transportation accidents annually with a team of attorneys, accident reconstruction experts and investigators. 1990, J.D., St. John s University Law School 1986, B.A., English and Sociology, Fordham University
59 Ahmuty, Demers & McManus 54 NEW YORK Brian J. Donnelly Ahmuty, Demers & McManus 123 William Street New York, NY (646) Office (212) Fax (516) Cell (631) Home (212) Alternative Trucking Industry Defense Association (TIDA) Brian Donnelly has handled commercial transportation cases for twenty-three years. His transportation practice has focused on tractor trailer and bus accidents. Approximately, 75 percent of his practice is devoted to commercial transportation. Mr. Donnelly s clients have included some of the largest transportation companies in the United States. Brian Donnelly heads the firm's rapid response team for the State of New York. Defending a Catastrophic Auto Claim, Raffles Captive, Las Vegas, NV, April 2010 Technology in the Courtroom for Maximum Impact, Annual Conference, Council on Litigation Management, Ponte Vedra Beach, FL, March 2010 Defending a Catastrophic Auto Claim, Captive Resources, LLC., Nashville, TN, March 2010 Case Assessment and Evaluation, Council on Litigation Management, Boston, MA, July 2009 Trial Preparation Tips They Don t Teach You in Law School, New York State Trial Lawyers Institute, New York, NY, June 2009 Responding to Catastrophic Mass Injury Claim, USLAW Network Conference, Las Vegas, NV, September 2008 Cross Examination of a Police Officer, New York County Lawyers Association, New York, NY, February 1995 Trial Techniques, National Institute for Trial Advocacy, New York, NY, January 1987 Our firm has a coverage unit that handles all forms of coverage claims, including those related to commercial transportation. That unit works in conjunction with our Transportation Unit in coordinating the defense of transportation claims with the defense and/or prosecution of related declaratory judgment actions. In addition, they consult with and support our transportation attorneys in maximizing the coverage available to our clients. They have extensive experience in dealing with all forms of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Ahmuty, Demers & McManus s Transportation Rapid Response Team is headed by partner, Brian Donnelly. The firm responds to over 40 transportation accidents annually with a team of attorneys, accident reconstruction experts and investigators. 1985, J.D., Brooklyn Law School 1982, B.A., St. John s University
60 Ahmuty, Demers & McManus 55 NEW YORK Michael C. Salvo Ahmuty, Demers & McManus 200 I.U. Willets Road Albertson, NY (973) Office (973) Fax (973) Cell (973) Home (212) Alternative Michael C. Salvo, the managing partner of the firm s New Jersey Office, heads the firm s Transportation Claim Rapid Response Team for the State of New Jersey and has extensive experience is handling all aspects of Transportation litigation involving both bodily injury and property damage in both New York and New Jersey. He also has extensive experience in handling both New York and New Jersey Personal Injury Protection claims. He has represented bus companies, commercial trucking companies, and fleet vehicles in all aspects of litigation, including coverage disputes, for over 18 years. He has a proven track record in successfully represented clients in transportation related claims through trial. Through the efforts of his Rapid Response Team he has been successful in securing physical evidence and electronic data that is susseptible to being easily lost, which has formed the basis of strong defenses for his clients. Other practice areas he is involved in include Construction site injuries, Construction Defect Claims, Commercial Transactions, Products Liability, Professional Liability, Toxic Tort and Environmental Law. Mr. Salvo regularly lectures on the handling of catastrophic transportation claims, including charter bus accidents and commercial trucking accidents. He also conducts seminars on handling uninsured/underinsured motorist claims and personal injury protection claims in both New York and New Jersey. The Internet & Social Networking in Claims Investigation, Compass Group, October, 2012 Joint & Several Liability, York Risk Services Group, Inc, May, 2012 The Internet & Social Networking in Claims Investigation, York Risk Services Group, Inc, May 2012 Joint & Several Liability, Broadspire Claims Seminar, Berkeley Heights, NJ, May, 2011 Handling New Jersey PIP Claims, Nova Casualty Claims Seminar, Buffalo, NY, May, 2011 The Internet & Social Networking in Claims Investigation, Gallagher Bassett Claims Seminar, Mechanicsburg, PA, January, 2011 Updates in Labor Law, Transportation & Coverage Issues, Nassau County Bar Association Lecture to Claims Professionals, Mineola, NY, November, 2010 Handling Catastrophic Bus Claims, York Risk Service Group Claims Seminar, Longwood, FL, June, 2010 Defending a Trucking Claim, Captive Resources Workshop, Nashville TN, March, 2010 and Las Vegas, NV, April 2010 Medicare Secondary Payor Statute, York Risk Service Group Claims Seminar, Parsippany, NJ, March, 2010 Handling New York State Labor Law Claims, MAC Risk Management Claims Seminar, January, 2010 Our firm has a coverage unit that handles all forms of coverage claims, including those related to commercial transportation. That unit works in conjunction with our Transportation Unit in coordinating the defense of transportation claims with the defense and/or prosecution of related declaratory judgment actions. In addition, they consult with and support our transportation attorneys in maximizing the coverage available to our clients. They have extensive experience in dealing with all forms of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Ahmuty, Demers & McManus s Transportation Rapid Response Team is headed by partner, Brian Donnelly. The firm responds to over 40 transportation accidents annually with a team of attorneys, accident reconstruction experts and investigators. 1992, J.D., New York Law School 1989, B.A., Fordham University
61 Goldberg Segalla LLP 56 NEW YORK Albert J. D Aquino Goldberg Segalla LLP 665 Main St., Ste. 400 Buffalo, NY (716) Office (716) Fax (716) Cell (716) Home [email protected] Trucking Industry Defense Association (TIDA) DRI Transportation Practice Group Albert D Aquino has been representing motor carriers directly and through their insurers for 20 years with particular emphasis on the defense of catastrophic injury accidents. Al concentrates 30% of his practice to the representation and defense of truckers and their companies. Presenter, Expert Opinions in Trucking Accident Reconstruction, Lorman al Services Seminar Trucking Litigation and DOT Regulations in New York, July, 2006 Faculty Speaker, DRI Seminar on Electronic Discovery, April, 2004 Invited Speaker, Threshold for Admissibility of Opinions on Accident Causation, DRI Trucking Seminar, St. Louis, MO, April, 2002 Representative Articles Author, Trucking Accident Reconstruction: Unlocking the Kumho Gates, For The Defense, Defense Research Institute, March, 2001 Our attorneys are accomplished in air, rail and highway insurance insurance issues. Our group also includes the editor of the renowned Couch on Insurance treatise and authors of the Appleman on Insurance treatise. Our attorneys have handled transportation insurance topics and are sought after as experts in the field of insurance. Goldberg Segalla s Global Insurance Services practice consists of attorneys who hold key leadership positions in state and national insurance organizations, including the Defense Research Institute, the International Association of Defense Counsel, International Claim Association and Federation of Defense and Corporate Counsel. Goldberg Segalla s Emergency Response Team (ERT) is established in each of our offices and has contacts with local investigators to dispatch to accident scenes immediately. We address requests to our ERT, on average, 10 times per year. 1985, J.D., Pace University School of Law 1982, B.A., State University of N.Y. at Buffalo
62 Goldberg Segalla LLP 57 NEW YORK John J. Jablonski Goldberg Segalla LLP 665 Main St., Ste. 400 Buffalo, NY (716) Office (716) Fax (716) Cell National Association of Railroad Trial Counsel, NE Region VP (2012) John Jablonski has more than 15 years of experience in and has formed a large regional practice defending large, class-one railroads in the defense of hundreds of FELA claims involving occupational exposure and traumatic injuries. Currently, 25 percent of his practice is devoted to commercial transportation. Presenter, Transportation: Risks and Opportunities, USLAW Network, Spring Conference, Charleston, SC, March, 2009 Our attorneys are accomplished in air, rail and highway insurance insurance issues. Our group also includes the editor of the renowned Couch on Insurance treatise and authors of the Appleman on Insurance treatise. Our attorneys have handled transportation insurance topics and are sought after as experts in the field of insurance. Goldberg Segalla s Global Insurance Services practice consists of attorneys who hold key leadership positions in state and national insurance organizations, including the Defense Research Institute, the International Association of Defense Counsel, International Claim Association and Federation of Defense and Corporate Counsel. Goldberg Segalla s Emergency Response Team (ERT) is established in each of our offices and has contacts with local investigators to dispatch to accident scenes immediately. We address requests to our ERT, on average, 10 times per year. 1993, J.D., State University of New York at Buffalo, School of Law 1989, B.S., State University of New York College at Buffalo 1989, Canisius College, ROTC Commission U.S. Army Reserve
63 Goldberg Segalla LLP 58 NEW YORK Patrick B. Naylon Goldberg Segalla LLP 2 State Street, Ste. 805 Rochester, NY (585) Office (585) Fax [email protected] Patrick Naylon has been involved in defense litigation for 30 years. This experience includes 20 years of catastrophic injury cases, 17 years of commercial carrier/bus litigation, and 11 years of trucking defense that involved successfully defending cases through jury verdict at trial. His primary focus has been on damage assessment and resolution of catastrophic trucking liability cases and resolution of multi-plaintiff actions within available coverage limits. Our attorneys are accomplished in air, rail and highway insurance insurance issues. Our group also includes the editor of the renowned Couch on Insurance treatise and authors of the Appleman on Insurance treatise. Our attorneys have handled transportation insurance topics and are sought after as experts in the field of insurance. Goldberg Segalla s Global Insurance Services practice consists of attorneys who hold key leadership positions in state and national insurance organizations, including the Defense Research Institute, the International Association of Defense Counsel, International Claim Association and Federation of Defense and Corporate Counsel. Goldberg Segalla s Emergency Response Team (ERT) is established in each of our offices and has contacts with local investigators to dispatch to accident scenes immediately. We address requests to our ERT, on average, 10 times per year. 1982, J.D., Syracuse University College of Law, cum laude, Justinian Honor Society 1978, B.S., Rochester Institute of Technology, summa cum laude, Outstanding Undergraduate Scholar; Phi Kappa Phi Honor Society
64 Poyner Spruill LLP 59 NORTH CAROLINA Randall R. Adams Poyner Spruill LLP 130 S. Franklin Street Rocky Mount, NC (252) Office (252) Fax (252) Cell (252) Home DRI Transportation Practice Group ABA Transportation Practice Group USLAW Transportation Practice Group Randy began practicing law in North Carolina in 1990 and began defending railroad clients in FELA and crossing claims in Over the past several years his commercial transportation practice, to which he devotes approximately 30% of his time, is focused on the trucking industry. Randy has tried over 50 cases to verdict in counties throughout the state, as well as the Federal District Court for the Eastern and Middle Districts of North Carolina. Randy is the firm s delegate to the USLAW Network s Transportation Litigation practice group. Randy s trucking industry experience involves a wide variety of liability and damage issues, including numerous catastrophic injury and wrongful death claims. Randy has extensive experience in responding immediately and proactively to accident scenes. Panelist USLAW Spring Transportation Meeting April, Our attorneys do not have extensive experience in commercial transportation coverage work but we do deal, on a fairly regular basis, with Business Auto Coverage forms. Poyner Spruill attorneys routinely provide rapid response services by traveling to accident scenes and coordinating our clients investigation. Over the past several years, Poyner Spruill attorneys have provided rapid response services approximately five times per year. 1984, J.D., Wayne State University 1981, B.A., Miami University
65 Poyner Spruill LLP 60 NORTH CAROLINA Steven B. Epstein Poyner Spruill LLP 301 Fayetteville Street, Suite 1900 Raleigh, NC (919) Office (919) Fax (919) Cell Steve serves as national coordinating counsel for a major manufacturer of highway touring coaches, transit buses and motor home shells whom he represents in highway accident litigation in state and federal courts throughout the US; this representation involves interactions with the NHTSA, NTSB, and FMCSA, as well as state law enforcement agencies. He has also defended motor carriers in significant personal injury and wrongful death cases, including at trial. Steve has worked with accident reconstruction experts throughout the US and has made use of computer simulations and other advanced technologies to assist his clients in avoiding or minimizing liability. He has over 20 years experience representing clients in vehicular accident cases and currently devotes approximately 50% of his practice to commercial transportation and vehicular accident defense. Our attorneys do not have extensive experience in commercial transportation coverage work but we do deal, on a fairly regular basis, with Business Auto Coverage forms. Poyner Spruill attorneys routinely provide rapid response services by traveling to accident scenes and coordinating our clients investigation. Over the past several years, members of our firm have attended accident scenes approximately five times a year. 1990, J.D., University of North Carolina, with highest honors 1987, B.A., University of North Carolina, with highest honors
66 Poyner Spruill LLP 61 NORTH CAROLINA Thomas K. Lindgren Poyner Spruill LLP 301 Fayetteville Street, Suite 1900 Raleigh, NC (919) Office (919) Fax (919) Cell (919) Home Tom Lindgren has been trying cases in New York and North Carolina since In personal injury litigation, he has represented both plaintiffs and defendants in over 100 personal injury cases including medical malpractice, automobile, railroad, trucking, products liability and and class action cases. Tom has represented and tried, to jury verdict, various commercial litigation matters including contract and fraud actions as well as represented contestants in various probate litigations. Tom has represented the Delaware Insurance Commission as Receiver for National Heritage Life in over 15 lawsuits in federal and state court to recover the $440 million lost. Tom has managed caseloads in excess of 100 personal injury cases both plaintiff and defendant from inception to conclusion including investigation, pleadings, discovery, depositions, trial preparation, trials and appeals. New Jersey Transit Commuter Railroad Inhouse Program for all claims representatives Panel Obtaining Records. All claims/accidents/lawsuits in defending FELA cases. Metro North Commuter Railroad Panel for all New York Claims Agents Defending lower back injury cases. Our attorneys do not have extensive experience in commercial transportation coverage work but we do deal, on a fairly regular basis, with Business Auto Coverage forms. Poyner Spruill attorneys routinely provide rapid response service by travelling to accident scenes and coordinating our clients investigation. Over the past several years, Poyner Spruill attorneys have provided rapid response services approximately five times per year. 1981, J.D., Pace University 1978, B.A., Manhattan College
67 Roetzel & Andress 62 OHIO Brian J. Augustine Roetzel & Andress 250 East Fifth Street, Suite 310 Cincinnati, OH (513) Office (513) Fax (513) Cell (773) Home Ohio State Bar Association Cincinnati Bar Association Kentucky Bar Association Brian Augustine is a member of Roetzel s Transportation Law group, which was recently recognized by U.S. News & World Report as a National First Tier practice. He represents many of the largest commercial motor operators in a variety of matters throughout Ohio and Kentucky. He devotes about 50% of his practice to transportation litigation. Brian has successfully handled serious transportation incidents including semi-tractor trailer, transit authority, parcel delivery and bus accidents, wrongful death, traumatic brain injury, and multiple vehicle accident scenarios. Brian also handles Carmack Amendment litigation. Brian has coordinated numerous emergency response investigations and can typically coordinate a response within hours of contact. Brian was named an Ohio Super Lawyers Rising Star by Ohio Super Lawyers magazine for The Transportation Law group at Roetzel provides counsel and strategic planning in all segments of the transportation industry, in domestic and international issues, and handles contract and agreement negotiation for companies all across the industry. Representation of transportation service providers includes corporate matters, labor affairs, contract negotiations, real estate transactions, the implementation and coordination of immediate response teams, insurance coverage, civil litigation in all federal and state courts, and advice regarding compliance with existing federal and state laws, as well as proposed and pending legislation. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Brian has extensive experience coordinating emergency response investigations for a variety of transportation clients. As a member of the Roetzel s Emergency Response Team, Brian is on call 24 hours a day for his clients and has close relationships with private insurance investigators and accident investigation and reconstruction consultants. 2006, J.D., Chicago Kent College of Law; Vice President, Moot Court Honor Society, 2005, 2006; CALI Excellence Award, Trial Advocacy II, 2006; Recipient, Best Brief Award, National First Amendment Moot Court Competition, 2005; Semi-Finalist, National First Amendment Moot Court Competition, , B.A., University of Michigan; Member, National Society of Collegiate Scholars; Member, Political Science Honorary Society: Sigma Iota Rho
68 Roetzel & Andress 63 OHIO Bradley L. Snyder Roetzel & Andress 155 East Broad Street PNC Plaza, 12th Floor Columbus, OH (614) Office (614) Fax (614) Cell (614) Home Transportation Lawyers Association Ohio Association of Civil Trial Attorneys Defense Research Institute (DRI) Ohio State Bar Association Brad Snyder has over 29 years of experience handling transportation defense work. His practice includes the defense of motor carriers as well as commercial transportation insurers and their insureds. Mr. Snyder s practice includes the defense of serious injury, wrongful death and property damage/claims. He has tried numerous cases to verdict. He has represented transportation clients in numerous cases in state and federal courts throughout Ohio. Mr. Snyder is AV preeminent rated by Martindale-Hubbell and has been selected as an Ohio Super Lawyer by Ohio Super Lawyers magazine every year since He also has been selected as one of the Best Lawyers in America for Personal Injury Litigation every year since The Transportation Law group at Roetzel provides counsel and strategic planning in all segments of the transportation industry, in domestic and international issues, and handles contract and agreement negotiation for companies all across the industry. Representation of transportation service providers includes corporate matters, labor affairs, contract negotiations, real estate transactions, the implementation and coordination of immediate response teams, insurance coverage, civil litigation in all federal and state courts, and advice regarding compliance with existing federal and state laws, as well as proposed and pending legislation. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Brad is a member of the Roetzel s Emergency Response team and has been handling rapid responses since He averages eight-ten rapid responses per year. Mr. Snyder and other members of Roetzel have excellent relationships with accident reconstructionists, biomechanical experts and independent claim adjusters and have the ability to contact them for immediate assistance on a 24-hour basis. 1981, J.D., Capital University Law School, with honors 1978, B.S., The Ohio State University, cum laude
69 Roetzel & Andress 64 OHIO Bradley A. Wright Roetzel & Andress 1375 East Ninth Street One Cleveland Center, Ninth Floor Cleveland, OH (330) Office (330) Fax (330) Cell (330) Home (330) Alternative Transportation Practice Group (USLAW Network, Inc.) Transportation Lawyers Association (TLA) American Trucking Association (ATA) Trucking Industry Defense Association (TIDA) Invitee to Arkansas Trucking Seminar Defense Research Institute (DRI) Transportation International Association of Defense Counsel (IADC) Council on Litigation Management (CLM) Brad Wright has over 20 years of experience in transportation law and 80% of his cases focus in that area of law. He has significant experience in semi-tractor trailer, transit authority, bus, rail and heavy equipment litigation. Brad is the coordinator for the firm s immediate response team, providing immediate response capabilities on a 24/7 basis. He serves as national counsel for several transportation companies and as regional counsel for various transportation companies. He represents major transportation companies in litigation throughout Ohio. Brad is the Practice Group Manager of the Roetzel & Andress Transportation Practice Group. He has been recognized by Best Lawyers as a preeminent transportation lawyer in the country from 2008 to the present and by Super Lawyers from 2009 to the present. He is AV preeminent rated by Martindale-Hubbell and recognized by U.S. News and World Report as a National First Tier Transportation Law Practice. Brad has received numerous awards and accommodations within the industry from both clients and trade organizations. He serves as a Client Liaison within the USLAW Network, Inc. transportation group and is a member of the Executive Committee for USLAW Network, Inc. CSA 2010 Lloyd s of London Boot Camp, London, England (February 2011) CSA 2010 Panther Expedited Strategy Meeting, Cleveland, OH (January 2011) Social Media Use and Abuse IADC Regional Conference, New York, NY (December 2010) Social Media Obtaining and Admitting Evidence from Social Networking Sites USLAW Network, Colorado Springs, CO (September 2010) Class Action Litigation in the United States TELFA (Trans European Law Firm Alliance) Annual Conference (June 2010) Civil Litigation in the United States National University of Mexico (November 2009) Who Has My Insurance? Why Retailers and Insurance Companies are Pointing Their Fingers At One Another USLAW Network, Washington, D.C. (October 2007) 2007 Forum for Motor Carrier General Counsel, American Trucking Association (August 2007) Representative Articles Trucking Litigation and D.O.T. Regulations in Ohio Lorman Services Publications, (June 2006) Controlling Litigation Costs Akron/Canton Smart Business, (April 2006) Roetzel & Andress has extensive knowledge in these various areas: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. The Transportation Group at Roetzel & Andress handles between 20 and 50 emergency responses annually. 1990, J.D., The Ohio State University, Moritz College of Law 1987, B.A., Miami University
70 Pierce Couch Hendrickson Baysinger & Green, L.L.P. 65 OKLAHOMA John C. Condren Pierce Couch Hendrickson Baysinger & Green, L.L.P North Francis Oklahoma City, OK (405) Office (405) Fax (405) Cell (405) Home USLAW Transportation Group Oklahoma Association of Defense Counsel Defense Research Institute (DRI) Mr. Condren has worked in the casualty insurance defense business since He has defended dozens of commercial vehicle accident cases. Mr. Condren has personally conducted multiple on-scene semi-tractor trailer and commercial vehicle accident investigations. Mr. Condren has tried in excess of 50 jury trials and has represented the transportation industry in courts throughout the State of Oklahoma. Mr. Condren is AV rated by Martindale/Hubbell. He has been a partner in the firm of Pierce, Couch, Hendrickson, Baysinger & Green, L.L.P., since He is admitted to practice law in the State of Oklahoma. He is a member of the Oklahoma County Bar Association and the Oklahoma Bar Association. He is admitted to practice in federal court in all three of the districts in Oklahoma. He is also a member of the Oklahoma Association of Defense Counsel and DRI. Mr. Condren s firm can provide commercial transportation insurance coverage work ranging from providing opinions concerning coverage to filing and trying declaratory judgment actions. The firm has detailed experience with commercial transportation insurance policies of all types. Mr. Condren has been involved in multiple rapid response efforts in his practice. He has responded to two accident scenes within the last year. Other members of his firm are also available and have experience in performing that task. 1976, J.D., University of Oklahoma College of Law 1973, B.A., History, Speech Communications and Human Relations, University of Kansas
71 Pierce Couch Hendrickson Baysinger & Green, L.L.P. 66 OKLAHOMA Peter L. Wheeler Pierce Couch Hendrickson Baysinger & Green, L.L.P. P.O. Box Oklahoma City, OK (405) Office (405) Fax (405) Cell (405) Home (405) Alternative Oklahoma Association of Defense Counsel Defense Research Institute (DRI) Peter Wheeler has over 20 years of experience defending trucking companies, their drivers, and their respective liability and excess insurers in transportation-related personal injury lawsuits. These lawsuits have included claims for wrongful death and serious bodily injury, including traumatic brain injuries. Over the last several years, approximately 40% of Peter s practice has focused on the defense of trucking cases filed in federal and state courts in Oklahoma. Peter is AV rated with Martindale-Hubbell. He is admitted to practice before all three federal districts in Oklahoma. He is also a member of the Oklahoma Association of Defense Counsel and DRI. Our firm can provide commercial transportation insurance coverage work ranging from providing opinions concerning coverage to filing and trying declaratory judgment actions. The firm has detailed experience with commercial transportation insurance policies of all types. On average, our firm responds to three trucking emergencies per year. 1988, J.D., University of Oklahoma College of Law 1985, B.A. in Letters, University of Oklahoma
72 Williams Kastner 67 OREGON Marc M. Carlton Williams Kastner 888 SW Fifth Avenue, Suite 600 Portland, OR (503) Office (503) Fax (503) Cell (503) Home DRI Transportation Practice Group Oregon Refuse and Recycling Association Marc M. Carlton is a member in the Portland office of Williams Kastner. He focuses his practice on civil litigation with an emphasis in defending transportation companies. Mr. Carlton has extensive experience in the areas of trucking accidents, FMCSA rules and regulations, as well as solid waste industry carriers and regulations. He has been defending transportation companies for ten years and devotes approximately 25% of his time to the practice. Williams Kastner has knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form and the Business Auto Coverage Form. As an Emergency Response Team member, Mr. Carlton is ready to respond to accident scenes across the Pacific Northwest on short notice in order to preserve critical evidence, interview witnesses and communicate with law enforcement when the severity of the accident warrants such action. Our team averages two or three responses each year. 1999, J.D., University of Oregon School of Law 1996, B.S., Business Administration, Minor in Economics, University of Oregon
73 Williams Kastner 68 OREGON Eric J. Neiman Williams Kastner 888 SW Fifth Avenue, Suite 600 Portland, OR (503) Office (503) Fax (503) Cell (503) Home Eric J. Neiman is a member in the Portland office of Williams Kastner. He specializes in civil trial work, including healthcare, professional, commercial, product and employment liability issues. Mr. Neiman has been listed in The Best Lawyers in America since 2007 and has been named to Super Lawyers by Law and Politics magazine since Mr. Neiman has served on several committees of the Oregon State Bar, including the Local Professional Responsibility Committee, the Affirmative Action Committee and the Client Security Fund Committee. He presently serves as disciplinary counsel for the Bar and has actively served as a pro-tem circuit court judge since He has worked on commercial transportation matters for 20 years. Invasion of Privacy, Oregon State Bar Torts Deskbook, 2012 Powerful Motion Practice, Oregon State Bar Seminar, 2011 Training for Arbitrators, Multnomah County Bar Association CLE Seminar, October 26, 2005, November 9, 2005, May 24, 2006, June 12, 2006, October 30, 2007 and March 5, 2010 Survivor: Idaho and Oregon, Strange Differences in Civil Trial Practice Across the Border, Idaho State Bar, Young Lawyers Section, January 24, 2008 Williams Kastner has knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form and the Business Auto Coverage Form. As an Emergency Response Team member, Mr. Neiman is ready to respond to accident scenes across the Pacific Northwest on short notice in order to preserve critical evidence, interview witnesses and communicate with law enforcement when the severity of the accident warrants such action. Our team average two or three responses each year. 1982, J.D., University of Oregon School of Law, Order of the Coif 1978, B.A., University of California, Santa Barbara, with highest honors
74 Thomas, Thomas & Hafer LLP 69 PENNSYLVANIA Stephen E. Geduldig Thomas, Thomas & Hafer LLP 305 N. Front St., P.O. Box 999 Harrisburg, PA (717) Office (717) Fax (717) Cell (717) Home (866) (866-TTH-LAW1) Alternative Trucking Industry Defense Association (TIDA) Defense Research Institute (DRI) American Trucking Association (ATA) Steve chairs Thomas, Thomas & Hafer LLP's Commercial Transportation Practice Group and is Vice Chair of USLAW's Transportation group. He has more than 20 years of experience representing commercial transportation entities and their insurers. Representing truck and bus companies in State and Federal Courts throughout Pennsylvania comprises 80% of his practice. Steve is AV rated by Martindale-Hubbell and has recently been named a Super Lawyer by Pennsylvania Super Lawyers. He is the past chair of the Pennsylvania Defense Institute Transportation Committee. Post-Accident Protocols for Commercial Drivers, (Organizing training of transportation carriers, fleet operators, construction companies and bus companies) Preparation for a Winning Deposition Strategy, ATA Safety and HR National Conference, September 18, 2008 To Speak or Not to Speak, USLAW, San Diego, September 12, 2006 Transportation Issues and Legal Update. for numerous clients, Harrisburg Hilton, January 31, 2003 Rapid Response Planning (numerous times to numerous carriers and insurance companies) Representative Articles Drafted evidence and document retention policies and logistics for national carriers Developed and drafted handheld and cell phone use policies for national carriers Developed, drafted and implemented emergency response plans for national carriers Paul R. Walker, Esquire, of our firm, provides commercial transportation coverage services. This includes coverage opinions, declaratory judgment actions, and advice with respect to MCS-90 liability, State and Federal laws affecting commercial transportation coverage, and contractual indemnity issues. Mr. Walker is familiar with trucker s coverage form, motor carrier coverage form, business auto coverage form and MCS-90. The firm has had an organized emergency response program in place for 20 years. The principals in the Transportation Practice Group are available 24/7 via their personal cell phones and home phones and through the hot line number (866) TTH-LAW1 (866) , and have on-call accident reconstruction, HAZMAT, vehicle maintenance and design and other experts, along with field adjusters who are specialized in the investigation of commercial motor vehicle accidents. The firm handles more than 20 emergency responses on average annually. 1985, J.D., Case Western Reserve University School of Law 1982, B.A., Hamilton College
75 Thomas, Thomas & Hafer LLP 70 PENNSYLVANIA Todd B. Narvol Thomas, Thomas & Hafer LLP 305 N. Front St., P.O. Box 999 Harrisburg, PA (717) Office (717) Fax (717) Cell (717) Home (866) Alternative Trucking Industry Defense Association (TIDA) Defense Research Institute (DRI) American Trucking Association (ATA) Todd is a partner in Thomas, Thomas & Hafer LLP, and is a member of the firm s Commercial Transportation Practice Group. He has over 25 years of experience handling catastrophic accident cases as primary counsel, and has first-chaired over 125 jury trials, including both civil and criminal cases involving commercial drivers. As a former Chief Deputy District Attorney, Todd gained valuable experience working with the authorities, and this experience is very valuable in the handling of accident scene investigations, as well as in the defense of both civil and criminal actions arising out of serious accidents. Todd is AV-rated by Martindale Hubbell. Accident Preventability Determinations, USLAW, Five-Minute Drill, Dana Point, April 14, 2012 Separate, yearly presentations to Munich Re America's Claims Executives Roundtable, The Pennsylvania Association of Mutual Insurance Companies Annual Claims Summit, and Thomas, Thomas & Hafer Liability Law seminar for all of the firm's clients, on various topics including statement taking, accident-to-verdict preparation, mediation, jury verdict surveys in wrongful death cases, and several liability law comparisons from state-to-state, Preparation for a Winning Deposition Strategy, ATA Safety and HR National Conference, September 18, 2008 To Speak or Not to Speak, USLAW, San Diego, September 12, 2006 Transportation Issues and Legal Update. for numerous clients, Harrisburg Hilton, January 31, 2003 Post-Accident Protocols for Commercial Drivers, (Organizing training of transportations carriers, fleet operators, construction companies and bus companies). Representative Articles Rapid Response Planning (numerous times to numerous carriers and insurance companies) Paul R. Walker, Esquire, of our firm, provides commercial transportation coverage services. This includes coverage opinions, declaratory judgment actions, and advice with respect to MCS-90 liability, State and Federal laws affecting commercial transportation coverage, and contractual indemnity issues. Mr. Walker is familiar with trucker s coverage form, motor carrier coverage form, business auto coverage form and MCS-90. The firm has had an organized emergency response program in place for 20 years. The principals in the Transportation Practice Group are available 24/7 via their personal cell phones and home phones and through the hot line number (866) TTH-LAW1 (866) , and have on-call accident reconstruction, HAZMAT, vehicle maintenance and design and other experts, along with field adjusters who are specialized in the investigation of commercial motor vehicle accidents. The firm handles more than 20 emergency responses on average annually. 1984, J.D., Dickinson School of Law 1981, B.S., University of Pittsburgh, Mathematics, magna cum laude
76 Sweeny, Wingate & Barrow, P.A. 71 SOUTH CAROLINA Mark S. Barrow Sweeny, Wingate & Barrow, P.A Lady Street Columbia, SC (803) Office (803) Fax (803) Cell (803) Home DRI Transportation Practice Group ABA Transportation Practice Group USLAW Transportation Group Trucking Industry Defense Association (TIDA) Transportation Lawyers Association (TLA) Mark Barrow is the past chair of the USLAW Transportation Practice Group. He represents many of the countries largest motor carriers where over 60% of his practice is devoted to commercial transportation. He serves as statewide counsel to several national carriers. Mark has tried numerous cases in both state and federal court and has represented commercial clients in coverage disputes before state and federal Courts of Appeals. Mark is AV rated by Martindale-Hubble and currently serves on the Board of Directors of USLAW. He has written and spoken at numerous commercial transportation industry events. Insurance Coverage Issues, USLAW Transportation Seminar Downloading ECMs and other Electronic Data, USLAW Transportation Practice Group Managing Catastrophic Claims, ATA Forum Issues on Sleep Deprivation, TIDA Industry Seminar Cross Examination of Safety Directions, USLAW Transportation Group Defending Truck Drivers and Representing Foreign Nationals, TIDA Industry Seminar Representative Articles Mark has written numerous articles in support of various issues listed above. We provide commercial transportation coverage services, including, coverage opinions, appellant arguments and declaratory judgment actions. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Our firm maintains a rapid response team and handle in excess of 30 calls a year. 1986, J.D., University of South Carolina School of Law 1980, B.A., Political Science, University of South Carolina
77 Riter, Rogers, Wattier & Northrup, LLP 72 SOUTH DAKOTA Robert C. Riter Riter, Rogers, Wattier & Northrup, LLP 319 S. Coteau P. O. Box 280 Pierre, SD (605) Office (605) Fax (605) Cell (605) Home State Board of South Dakota (Commission and Past Chair of Ethics Committee, Administrative Law Committee and Continuing Legal Committee) Defense Research Institute (DRI) (State Representative, Member, Board of Directors, ) South Dakota Defense Lawyers Association (Past President ) Fellow, American Bar Foundation American Board of Trial Advocates American College of Trial Lawyers Bob Riter joined the firm in His legal efforts are focused principally upon litigation and trial work in all courts in this state, with a concentration in the defense practice. He also spends significant time appearing before state administrative bodies, and engaging in lobbying and legislative work. Approximately 5% of his practice is devoted to transportation matters. Bob has lectured and given presentations before Insurance law classes at the University of South Dakota, School of Law, Continuing programs of the South Dakota State Bar, and Defense Research Institute (DRI) gatherings. He has also authored law review articles on the patient/physician privilege and civil justice reform. Representative Articles Co-Author, An Invitation for Lawyers Participation in Civil Justice Reform, 42 South Dakota Law Review 243 Riter Rogers has been working on commercial transportation matters for over 30 years. This principally involves the defense of claims but has included the pursuit of subrogation claims for carriers. We have also been involved in matters involving coverage issues inlcuding: Motor Carrier Coverage Form and Business Auto Coverage Form. 1973, J.D., University of South Dakota 1970, B.S., University of South Dakota
78 Martin, Tate, Morrow & Marston, P.C. 73 TENNESSEE Lee L. Piovarcy Martin, Tate, Morrow & Marston, P.C Poplar Avenue, Suite 1000 Memphis, TN (901) Office (901) Fax (901) Cell (901) Home Trucking Industry Defense Association (TIDA) as a member of its Board of Directors for nine years and as TIDA s President from Defense Research Institute Transportation Practice Group Transportation Law Association American Trucking Association Lee Piovarcy leads the Commercial Transportation Practice Group of Martin Tate. For 20 years he served as outside General Counsel for a publicly held truckload carrier. As General Counsel he was in charge of all major litigation and participated as Trial Counsel in major cases in state and federal courts throughout the United States. Lee represents small and large motor carriers and their insurors with respect to liability and cargo claims, property damage and regulatory matters and disputes before administrative bodies. Lee has served for nine years on the Board of Directors of the Trucking Industry Defense Association and two years as its President. Lee is active in the USLAW Transportation Practice Group with respect to educational programs. He is also a frequent presenter at the American Bar Association, General Counsel s Forum on Transportation Litigation. American Trucking Association, Safety Directors Annual Conference, September 28, 2010, Rogers, AR: A Summary of CSA 2010 and An Update on Electronic Onboard Recorders. USLAW/Trans European Law Firms Alliance, June 24-26, 2010, London: Court Costs and Sanctions in the Courts of the United States. Trucking Industry Defense Association, October, 2005, Las Vegas, Nevada: Ethics and Alternative Dispute Resolution. American Trucking Association Litigation Center, Symposium on Highway Accident Litigation, Vail, CO, July 26-28, 2004: Handling Discovery: Taking the Offensive. Transportation Mega Conference VI, April 17, 2003, New Orleans, LA: Is a Self-Insured Carrier Obligated to Provide Uninsured Motorist Coverage? Martin Tate provides coverage opinions as well as litigating declatory judgment actions. The policies at issue include business auto, truckers coverage, garage operations, bobtail and cargo. We are involved with contractual and indemnification provisions which are a part of all types of commercial transportation policies, including Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. On average, Martin Tate responds to and assists with approximately 10 client calls for immediate assistance. 1966, J.D., Vanderbilt University School of Law, Nashville, Tennessee 1963, B.A., English, University of Notre Dame, Notre Dame, Indiana
79 Fee, Smith, Sharp & Vitullo, L.L.P. 74 TEXAS Thomas W. Fee Fee, Smith, Sharp & Vitullo, L.L.P. Three Galleria Tower Noel Road, Suite 1000 Dallas, TX (972) Office (972) Fax (214) Cell (972) Home Texas Association of Defense Counsel Trucking Industry Defense Association (TIDA) Transportation Lawyers Association (TLA) Defense Research Institute (DRI) American Transportation Association (ATA) USLAW Member Transportation, Construction, Professional Liability RIMS Tom Fee has been involved with commercial transportation law for over 20 years. Tom has represented both international and national motor carriers as well as regional operators in federal and state courts throughout Texas. Tom has personally tried numerous wrongful death and catastrophic injury cases to verdict in these courts. Additionally, Tom litigates and provides counseling to clients in the areas of regulatory compliance, insurance coverage, and breach of contract. Tom is a member of the Fee, Smith, Sharp & Vitullo Rapid Response Team which provides 24/7 availability to clients for serious accidents in Texas. Over 75% of Tom s practice is dedicated to the representation of commercial transportation clients. Tom is AV Rated by Martindale-Hubbell and has been a Board Certified Personal Injury Trial Lawyer since He is a member of the American Board of Trial Advocates (ABOTA) and has been selected Texas Super Lawyer by Texas Monthly Magazine Personal Injury Defense from 2005 thru Keep Truckin The Current State of Affairs of Trucking Litigation 26th Annual Advanced Personal Injury Course Representative Articles Litigating the Catastrophic Injury Case Handling Trucking Litigation in Texas Fee, Smith, Sharp & Vitullo provides complete commercial transportation coverage analysis. We render coverage opinions and litigate declaratory judgment actions and first-party, bad faith suits involving all policies and endorsements applicable to commercial litigation. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Fee, Smith, Sharp & Vitullo s Rapid Response Team is comprised of multiple, experienced transportation lawyers available to our clients around the clock. On an annual basis, we respond to calls. 1991, J.D., Paul M. Hebert Law Center, Louisiana State University 1987, B.S., Louisiana State University
80 Fee, Smith, Sharp & Vitullo, L.L.P. 75 TEXAS Michael P. Sharp Fee, Smith, Sharp & Vitullo, L.L.P. Three Galleria Tower Noel Road, Suite 1000 Dallas, TX (972) Office (972) Fax (214) Cell (214) Home (972) Alternative USLAW Transportation Practice Group DRI Transportation Practice Group ABA Transportation Practice Group Trucking Industry Defense Association (TIDA) American Trucking Association (ATA) Council on Litigation Management (CLM) RIMS Mike Sharp has been involved with commercial transportation law for over 15 years. Mike has represented both international and national motor carriers as well as regional operators in federal and state courts throughout Texas. Mike has personally tried numerous wrongful death and catastrophic injury cases to verdict in these courts. Additionally, Mike litigates and provides counseling to clients in the areas of regulatory compliance, cargo securement and loss, FELA, insurance coverage, and breach of contract. Mike is former Chair of the USLAW Transportation Practice Group, and a member of the Fee, Smith, Sharp & Vitullo Rapid Response Team which provides 24/7 availability to clients for serious accidents in Texas. Over 75% of Mike s practice is dedicated to the representation of commercial transportation clients. Speaker, House Bill 274, National Association of Insurance Women, Dallas, TX, March, 2012 Speaker, Texas Tort Law Update, RIMS, Dallas, TX, August, 2012 Panelist Speaker, Broker Liability for Negligent Entrustment Claims, Marsh USA Executive Conference, Dallas, TX, January, 2011 Panelist Speaker, Accident Reconstruction, USLAW Trucking Boot Camp, Omaha, NE, 2010, 2007, 2008 Panelist Speaker, Current State of Transportation Litigation, W.R. Berkley Affiliates, Irving, TX, October, 2010 Speaker Moderator, Transfer of Risk Via Contractual Defense & Indemnity Provisions, Nautilus Insurance Group, Scottsdale, AZ, September, 2009 Speaker Moderator, Punitive Damages from a Juror s Perspective, 2008 USLAW Transportation Client Conference Speaker Moderator, Strategies for Litigating the Catastrophic Injury Trucking Case, 2007 ATA Forum for Motor Carrier General Counsels Fee, Smith, Sharp & Vitullo provides complete commercial transportation coverage analysis. We render coverage opinions and litigate declaratory judgment actions and first-party, bad faith suits involving all policies and endorsements applicable to commercial litigation. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Fee, Smith, Sharp & Vitullo s Rapid Response Team is comprised of multiple, experienced transportation lawyers available to our clients around the clock. On an annual basis, we respond to calls. 1991, J.D., Louisiana State University 1988, B.S., Finance, Louisiana State University
81 Strong & Hanni, PC 76 UTAH Peter H. Barlow Strong & Hanni, PC 3 Triad Center, Suite 500 Salt Lake City, UT (801) Office (801) Fax (801) Cell (801) Home [email protected] DRI Transportation Practice Group Peter Barlow has handled dozens of commercial transportation litigation cases in his 14 years of experience in the Utah State and Federal District Courts. He has extensive commercial transportation litigation experience, including several favorable jury trial results, arbitration awards and resolved disputes. Utah Auto Insurance Law Seminar Mediation and Arbitration Tactics, October 2010 Utah Automobile and Transportation Law Effective Use of Experts, October 2009 Declaratory Judgments and Reservations of Rights, July 2009 Insurance Law Perspectives from the Defense, June 2008 Overview of Utah Automobile and Transportation Law, August 2007 Insurance Law for Agents, March 2007 A Guide to Understanding the Utah Rules of Discovery, November 2006 Strong & Hanni has a coverage practice group that has done numerous commercial transportation coverage opinions. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Strong & Hanni handles 5-10 emergency reponses per year. 1997, J.D., University of Nebraska 1993, B.A., English, Brigham Young University
82 Strong & Hanni, PC 77 UTAH Paul M Belnap Strong & Hanni, PC 3 Triad Center, Suite 500 Salt Lake City, UT (801) Office (801) Fax (801) Cell (801) Home [email protected] American Trucking Association (ATA) Utah Trucking Association Paul has nearly 30 years of experience representing clients in transportation cases and has tried to jury verdict cases defending trucking companies. He is lead counsel for a national carrier in Utah. He handles matters involving litigated claims, administrative claims, arbitration, mediation or negotiation of legal issues and helps clients resolve claims before litigation through alternative dispute forums when possible. Paul has extensive experience in all stages of litigation in both state and federal courts, including jury trial and appellate practice. He has experience trying cases before both United States District courts and Utah State Trial Courts. He has argued over 25 cases in appellate courts including before the Utah Supreme Court, Utah Appellate Court, and 10th Circuit Court of Appeals. Strong & Hanni has a coverage practice group that has done numerous commercial transportation coverage opinions. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Strong & Hanni handles 5-10 emergency reponses per year. 1978, J.D., Brigham Young University 1975, B.S., Psychology, University of Utah, magna cum laude, Phi Beta Kappa
83 Strong & Hanni, PC 78 UTAH Peter H. Christensen Strong & Hanni, PC 3 Triad Center, Suite 500 Salt Lake City, UT (801) Office (801) Fax (801) Cell [email protected] Utah Trucking Association, 2008 Peter has over 20 years of transportation law experience. He has had over 25 jury trials in both state and federal court. He is the head of Strong & Hanni s Transportation practice group. He has been recognized as in the Utah Legal Elite for several years. He defends clients in transportation cases involving first and third party defense, coverage opinions, and appeals. He has successfully defended insurance companies and their insureds in hundreds of cases either through settlement, mediation, arbitration, or jury trials. Peter has successfully defended cases for trucking companies such as Werner Transportation, Prime Inc, Miller Transportation, Ryder and Huish Detergents. Representative Articles How to Use Social Networking to Win Your Case, USLAW Magazine, 2011 Spring Edition Strong & Hanni has a coverage practice group that has done numerous commercial transportation coverage opinions. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Strong & Hanni handles 5-10 emergency reponses per year. 1988, J.D., Brigham Young University 1985, B.A., Political Science, Brigham Young University
84 LeClairRyan 79 VIRGINIA Mark B. Goodwin LeClairRyan 951 East Byrd Street, Eighth Floor Richmond, VA (804) Office (804) Fax (804) Cell Board of Directors, UPS Freight, Board of Directors, Overnite Transportation Company, Board of Directors, American Trucking Associations, 2003-Present Commissioner and Chairman of Finance Committee, Virginia Port Authority, President, Virginia Trucking Association, ; Executive Committee, ; Board of Directors, 1996-Present Board of Directors, American Trucking Associations Litigation Center, Chairman, American Trucking Associations Labor and Regulatory Affairs Policy Committee, 2009-Present Vice Chairman, American Trucking Associations Labor and Regulatory Affairs Policy Committee, , Chairman of Performance Standards Subcommittee, Virginia Transportation Accountability Commission, Nearly all of Mr. Goodwin s practice is devoted to transportation. He joined LeClairRyan in 2009, after nearly 26 years as a corporate general counsel, in-house litigator, business executive, and member of numerous boards of directors and commissions within publicly traded companies, government entities and foundations. From 2005 to 2009, he was responsible for legal matters at UPS Freight; and from 2007 to 2009, he was also responsible for oversight of legislative/regulatory issues at UPS, including labor and employment, surface transportation and environmental sustainability. At Overnite Corporation and Overnite Transportation, from 1996 to 2005, he served on the five-person senior management team and as general counsel to the CEO and board of directors. He held senior executive responsibility for legal, government and regulatory affairs; labor and employee relations; employee communications and media relations. During this time, Overnite prevailed in maintaining non-union status in the face of one of the most tenacious union organizing efforts in U.S. trucking industry history. He was the general counsel who successfully took the company public in 2003 and managed the company s legal interests during its acquisition by UPS in Current NLRB Initiatives Affecting Employers, ATA General Counsel s Forum, July 2012 and USLAW Fall Meeting, October, 2012 Handling CSA Regulatory Issues, ATA General Counsel s Forum, July, 2011 Labor Law Reform, What Form Will it Take? ATA Members Webinar (July, 2010), ATA Management Conference (October, 2010), Lorman Seminars (2010) EFCA and Maintaining Non-Union Status, Virginia Business Council (May, 2009), ATA General Counsels Forum (July, 2009), ATA Management Meeting (October, 2009), Truckload Carriers Annual Meeting, February, 2010 Interviewing, Hiring, Discipline and Discharge, ATA Management Conference, 2009 Environmental Sustainability in the Trucking Industry, ATA Management Conference, October, 2008 Representative Articles Maintaining Non-Union Status, the Big Picture and the Nuts and Bolts, ATA Business Solutions (2010), Virginia Chamber of Commerce (2011) LeClairRyan attorneys have a solid knowledge base in trucker s coverage, business auto and motor carrier coverage forms. Our team also has experience in MCS- 90 coverage matters. The most recent insurance coverage matter handled in Virginia by the firm involved a multimillion-dollar claim involving a moving company van that hit a median barrier, then hit two cars and caught on fire, causing several injuries including two deaths. The opinion concerned the trucker policy and excess policy for the insured. It also involved a review of the policy held by the company for the interplay between the policies. LeClairRyan recognizes the need for immediate action in transportation cases. As such, we get involved as early as possible, helping to manage the investigation, track witnesses and ensure the prompt and accurate collection of evidence. Our team can be mobilized within hours of an accident occurring. We are fully familiar with data recovery possibilities, and we maintain a strong network of investigators and sources within the state and local police departments. With nine offices in Virginia, we can respond quickly to any scene, at any time, with skilled personnel who can begin the process of gathering information. We represent local, regional and national carriers, and in Virginia, we are first responders for national trucking and trucking insurance companies. We are increasingly called upon in a rapid response fashion handling approximately three such matters per year. 1977, J.D., American University Law School, cum laude, Editor-in-Chief, American University Law Review 1972, B.A., Thomas More College, magna cum laude
85 LeClairRyan 80 VIRGINIA Gretchen A. Jackson LeClairRyan 123 E. Main Street, 8th Floor Charlottesville, VA (434) Office (434) Fax (434) Cell American Trucking Association Virginia Trucking Association Ms. Jackson focuses more than half of her practice on transportation law. She has extensive experience investigating, preparing, and trying a variety of complex disputes to verdict before judge and jury in all forms of civil trial practice. Prior to joining LeClairRyan, she served 10 years as an attorney in the U.S. Army Judge Advocate General s Corps. During her Army career, she accumulated significant trial experience as a prosecutor and senior prosecutor. She tried numerous jury and bench trials, including high profile murder cases. In her final assignment, she served as a professor of international and operational law at the U.S. Army Judge Advocate General s Legal Center and School in Charlottesville, Virginia. There she taught military and civilian lawyers intelligence law and interrogation operations, legal aspects of information warfare, and the legal implications of military support to civilian authorities and disaster relief efforts. LeClairRyan attorneys have a solid knowledge base in trucker s coverage, business auto and motor carrier coverage forms. Our team also has experience in MCS- 90 coverage matters. The most recent insurance coverage matter handled in Virginia by the firm involved a multimillion-dollar claim involving a moving company van that hit a median barrier, then hit two cars and caught on fire, causing several injuries including two deaths. The opinion concerned the trucker policy and excess policy for the insured. It also involved a review of the policy held by the company for the interplay between the policies. LeClairRyan recognizes the need for immediate action in transportation cases. As such, we get involved as early as possible, helping to manage the investigation, track witnesses and ensure the prompt and accurate collection of evidence. Our team can be mobilized within hours of an accident occurring. We are fully familiar with data recovery possibilities, and we maintain a strong network of investigators and sources within the state and local police departments. With nine offices in Virginia, we can respond quickly to any scene, at any time, with skilled personnel who can begin the process of gathering information. We represent local, regional and national carriers, and in Virginia, we are first responders for national trucking and trucking insurance companies. We are increasingly called upon in a rapid response fashion handling approximately three such matters per year. 2004, LL.M., Military Law, Commandant s List, United States Army Judge Advocate General s School 1995, J.D., University of Illinois College of Law, cum laude 1992, B.A., Russian, Dartmouth College, cum laude
86 LeClairRyan 81 VIRGINIA H. Robert Yates III LeClairRyan 123 E. Main Street, 8th Floor Charlottesville, VA (434) Office (434) Fax (804) Cell Former Chairman, Auto & Premises Liability Section, Virginia Association of Defense Attorneys Virginia Trucking Association, 2009 American Trucking Association, 2009 USLAW Transportation Group, 2007 Mr. Yates represents clients in all forms of civil trial practice with an emphasis in tort defense, transportation cases premises liability and construction law. Approximately 60% of his practice is devoted to transportation. He has taken numerous cases to verdict including wrongful death, brain injury and severe traumatic injury. He has successfully tried more than 75 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, commercial and residential landlord tenant matters and will contests. Barbarians at the Gate, Virginia Association of Defense Attorneys, 2010 LeClairRyan attorneys have a solid knowledge base in trucker s coverage, business auto and motor carrier coverage forms. Our team also has experience in MCS- 90 coverage matters. The most recent insurance coverage matter handled in Virginia by the firm involved a multimillion-dollar claim involving a moving company van that hit a median barrier, then hit two cars and caught on fire, causing several injuries including two deaths. The opinion concerned the trucker policy and excess policy for the insured. It also involved a review of the policy held by the company for the interplay between the policies. LeClairRyan recognizes the need for immediate action in transportation cases. As such, we get involved as early as possible, helping to manage the investigation, track witnesses and ensure the prompt and accurate collection of evidence. Our team can be mobilized within hours of an accident occurring. We are fully familiar with data recovery possibilities, and we maintain a strong network of investigators and sources within the state and local police departments. With nine offices in Virginia, we can respond quickly to any scene, at any time, with skilled personnel who can begin the process of gathering information. We represent local, regional and national carriers, and in Virginia, we are first responders for national trucking and trucking insurance companies. We are increasingly called upon in a rapid response fashion handling approximately three such matters per year. 1993, J.D., University of Virginia School of Law 1984, M.B.A., William and Mary 1981, B.A., Economics, University of Virginia
87 Williams Kastner 82 WASHINGTON Rodney L. Umberger Williams Kastner Two Union Square 601 Union Street, Suite 4100 Seattle, WA (206) Office (206) Fax (206) Cell (425) Home Transportation Lawyers Association Litigation Committee Defense Research Institute Trucking Law Committee Washington Defense Trial Lawyers Rod Umberger is an equity member in the Seattle office, where he has chaired the Business Litigation Practice Group and served on the Board of Directors. He is a trial lawyer with more than 25 years of experience in the courtroom. Mr. Umberger s experience in the transportation industry is extensive, and he leads the Transportation Practice Team at Williams Kastner. For 25 years, he has represented local and national trucking companies in catastrophic highway accident litigation, cargo claims, and broker/shipper/carrier liability disputes in both state and federal courts. Mr. Umberger has been named to Super Lawyers by Washington Law and Politics for several years and recently was one of only sixteen attorneys in the state of Washington recognized as a top civil litigation defense attorney by the Corporate Counsel Edition of Super Lawyers magazine. He has been AV Preeminent peer review rated by Martindale-Hubbell since Selecting Favorable Juries, ATA Litigation Center s Forum for Motor Carrier General Counsel, La Jolla, CA, July 24-27, 2011 Pressure Points: Today s Challenges in Building & Maintaining Top-Notch In-House/Outside Counsel Teams, LexisNexis Martindale- Hubbell Counsel to Counsel Series, Seattle, WA, October 29, 2009 Closing Arguments, Litigation Counsel of America, Spring Conference, Santa Fe, NM, May, 2009 Trucking Litigation and DOT Regulations in Washington State, Lorman Services, Seattle, WA, March 2007 and March, 2008 DRI Preeminent Trial Lawyer Seminar (Defense Opening Statement), Defense Research Institute, Chicago, IL, September, 2007 Williams Kastner has knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Mr. Umberger leads the Williams Kastner Emergency Response Team and is ready to respond to accident scenes across the Pacific Northwest on short notice in order to preserve critical evidence, interview witnesses and communicate with law enforcement when the severity of the accident warrants such action. Williams Kastner responds on behalf of its transportation industry clients to two to three emergency situations annually. 1987, J.D., University of Tennessee College of Law 1984, B.A., Furman University
88 Williams Kastner 83 WASHINGTON David W. Wiley Williams Kastner Two Union Square 601 Union Street, Suite 4100 Seattle, WA (206) Office (206) Fax (206) Cell (425) Home Transportation Lawyers Association Member, Labor and Human Resources Committee Member, State Regulatory Issues Committee American Bar Association Member, Transportation Law Committee Member, Section of Environment, Energy, and Resources Washington Refuse and Recycling Association David W. Wiley is a member in the Seattle office of Williams Kastner where he serves as chair of the firm s Transportation Practice Team. His practice concentrates on representation of the transportation and solid waste industries and his list of clients includes solid, biomedical and hazardous waste carriers, motor freight carriers, commercial ferries, moving and storage companies, couriers, buses and other public and private transportation carriers. Mr. Wiley represents clients before various administrative agencies including the Washington Utilities and Transportation Commission, the Washington Health Care Authority, the Washington Department of Labor and Industries, the Washington Department of Revenue and the U.S. Department of Transportation. Mr. Wiley was recognized in 2010 by Seattle Met magazine as a Top Lawyer in Transportation and has also been named to Super Lawyers in 2004 and 2008 through 2012 by Washington Law & Politics magazine. Co-Chair and Presenter, Trucking Litigation and DOT Regulations in Washington State, Lorman Services, Seattle, WA, June, 2008 and March, 2007 Presenter, Regulating the Movement of Waste and Recyclables in the United States and Canada, Roudtable Legal Discussion for the Solid Waste Association of North America, Summer Meeting, 1997 Williams Kastner has knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. Williams Kastner has two to three responses annually. 1977, J.D., Seattle University School of Law 1975, B.A., Political Science, Amherst College, cum laude
89 Huddleston Bolen LLP 84 WEST VIRGINIA Paul J. Loftus Huddleston Bolen LLP 611 Third Avenue Huntington, WV (304) Office (304) Fax (304) Cell (304) Home National Association of Railroad Trial Counsel (NARTC) Amicus Committee Member Inland Rivers Ports & Terminals Association Legal and Insurance Committee Member Paul Loftus has devoted his career to transportation litigation. Paul has actively defended transportation clients in major transportation accidents ranging from derailments, hazardous materials releases, and worker claims, to maritime incidents. He has litigated matters for transportation clients in West Virginia, Kentucky, Maryland, and Illinois, in State and Federal Courts. In his over 13 years of practice in transportation litigation, Paul has gained experience in hazardous materials transportation, chemical inhalation injuries, and the defense of occupational injury claims made by FELA/Jones Act claimants. Paul is active in industry associations, serving on the Amicus Committee of the National Association of Railroad Trial Counsel, and the Legal and Insurance Committee of the Inland River Ports & Terminals Association. Additionally, he has received transportation-related hazardous materials training from the Association of American Railroad s Bureau of Explosives. As well as working as an attorney in transportation, Paul previously worked as laborer for a Class I railroad during his college years. Attempts to Amend U.S. Maritime Law Following the Deepwater Horizon Disaster, USLAW Lloyd s of London Bootcamp, February 2011 Litigation Skills for Legal Professionals in West Virginia, Charleston, WV, December 2008 Current FELA Trends, American Shortline and Regional Railroad Association 15th Railroad Liability Seminar, July 2008 Injury Claims From Ballast Exposure & Ergonomics and Safety, American Shortline and Regional Railroad Association, 12th Railroad Liability Seminar, July 2005 Huddleston Bolen s 30 member transportation group has significant experience representing commercial trucking carriers, railroads, and maritime shipping companies in areas such as wrongful death, personal injury litigation, property damage claims, regulatory violations and employment matters. We have intimate knowledge of the Motor Carrier Coverage Form. Huddleston Bolen averages approximately three per year. Transportation attorneys at Huddleston Bolen routinely respond quickly to transportation incidents, including major chemical releases, derailments, crossing accidents, and employee injuries and fatalities. Huddleston Bolen s Transportation Law professionals are available to our clients 24 hours day for rapid response. 2004, University of Virginia Trial Advocacy College 1998, J.D., West Virginia University 1991, M.A., University of Maryland 1988, B.A., University of Dallas
90 Huddleston Bolen LLP 85 WEST VIRGINIA Mary Hylton Sanders Huddleston Bolen, LLP 707 Virginia Street East, Suite 1300 Charleston, WV (304) Office (304) Fax (304) Cell (304) Home Trucking Industry Defense Association (TIDA) Mary Sanders has been defending national and regional trucking companies for over twenty years. In addition, she represents coal haulers, timber haulers, rock and ashphalt trucks and commercial auto claims. Her trucking experience also includes claims of chemical exposure, product liability, and driver training. These cases involve third party liability personal injury claims, dock claims, cargo claims, tariff claims before the Public Service Commission and claims of property damage before the West Virginia Court of Claims. Ms. Sanders handled one of the first statutory deliberate intent cases in West Virginia on behalf of a trucking company brought by an employee Greene v. Carolina Freight, 840 F2d 10 (USDC 1988). Approximately 50% of her practice is devoted to transportation claims. Discovery Issues in a Changing Legal Landscape, Litigation Counsel of America s Convention, 2008 Damage Evaluations, a Defense Perspective, West Virginia University College of Law Continuing Seminars, 2005 Cross-Examination of Experts at Trial, West Virginia University College of Law Continuing Seminars, 1995 Topic of litigation, National Business Institute Ms Sanders was in a seminal case styled, Shamblin v. NW. which determined that although two trucks were involved in an accident, it was only one occurrence. The firm has handled multiple coverage issues for Great West Casualty, Republic Western/U-Haul, ACE and Ferguson Enterprises. These cases involved Business Auto coverage as well as Motor Carrier Coverage. Huddleston Bolen averages approximately three per year. Transportation attorneys at Huddleston Bolen routinely respond quickly to transportation incidents, including major chemical releases, derailments, crossing accidents, and employee injuries and fatalities. Huddleston Bolen s Transportation Law professionals are available to our clients 24 hours day for rapid response. 1984, J.D., West Virginia University College of Law 1981, B.S., University of Oregon
91 SmithAmundsen LLC 86 WISCONSIN John J. O Neill Sr. SmithAmundsen LLC 4811 S. 76th Street, Suite 306 Milwaukee, WI (414) Office (414) Fax (414) Cell (414) Home [email protected] Defense Research Institute (DRI) Transportation Practice Group Transportation Lawyers Association (TLA) Trucking Industry Defense Association (TIDA) John J. O Neill Sr. is a partner in the firm s Milwaukee, Wisconsin office and a member of the firm s Aerospace & Commercial Transportation Litigation Section. He has practiced law in Wisconsin since 1982 and has tried over 175 cases to conclusion in the United States District Court for the Eastern and Western Districts of Wisconsin and in Circuit Courts throughout the State of Wisconsin. Roughly 75% of John s practice is now devoted to commercial transportation. This involves, primarily, the defense of bodily injury, Hazardous Material spill remediation, property damage and Wrongful Death claims arising out of loading dock incidents and/or motor vehicle accidents. John has been AV rated by Martindale-Hubbell since Contributory Negligence, Atlas Financial Holdings Paratransit Symposium, September, 2012 Mock Trial Presentation, Great West Casualty Company Leadership Conference, March, 2012 Obtaining and Reviewing Medical Records/Working with Medical Experts, continuing legal education seminar, March, 2000 Adjusting the Automobile Injury Claim, continuing legal education seminar, January, 2000 Proportionate Defense Claims, continuing legal education seminar, May, 1999 Winning Ways With Direct and Cross Examination, continuing legal education seminar, September, 1998 Locating and Working with Expert Witnesses, continuing legal education seminar, March, 1998 Defending the Premises Liability Case, continuing legal education seminar, January, 1997 Defending the Soft Tissue Injury Case, continuing legal education seminar, August, 1996 John coordinates with his partner, Michael R. Vescio, in SmithAmundsen LLC s Milwaukee, Wisconsin office, regarding legal research and motion practice matters. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form, Motor Carrier Coverage Form, Business Auto Coverage Form and MCS-90. John responds to and assists with Rapid Responses throughout the State of Wisconsin. 1982, J.D., Marquette University Law School 1978, B.A., Marquette University
92 Williams, Porter, Day and Neville PC 87 WYOMING Scott E. Ortiz Williams, Porter, Day and Neville PC 159 N. Wolcott, Suite 400 PO Box Casper, WY (307) Office (307) Fax (307) Cell (307) Home ABA Transportation Practice Group Wyoming Trucking Association Scott E. Ortiz has ten years of experience. Thirty-five percent of his practice is devoted to the transportation industry. Scott has been AV rated in Martindale- Hubbell and is listed in Chambers USA America s Lending Lawyers for Business for Wyoming and in Super Lawyers for Wyoming. Spoke and presented at USLAW Conference Five-Minute Drills Although our firm does substantial insurance coverage work, we do not specialize in transportation coverage. We have intimate knowledge of the following commercial transportation insurance policies: Truckers Coverage Form and Business Auto Coverage Form. On average, Scott usually has five to six call-outs per year. 1988, J.D., University of Wyoming School of Law, with honors 1985, B.A., History, University of Wyoming
93 Clark Wilson LLP 88 CANADA BRITISH COLUMBIA Samantha Ip Clark Wilson LLP West Georgia Street Suite 900 Vancouver, BC V6C 3H1 (604) Office (604) Fax Construction, Insurance, and Civil Litigation Sub Sections of the Canadian Bar Association (CBA), Canadian Construction Women, Vancouver Regional Construction Association Editor, CLE Annual Law Review Samantha Ip is a partner of the firm and has been nationally recognized for her legal work. With 17 years of experience, she assists clients with all facets of business litigation, construction and insurance related matters and has appeared as counsel in the Supreme Court, the Court of Appeal and Federal Court, as well as before administrative tribunals. Samantha assists in the defence of claims against road contractors, and represents out of province insurers and motorists in third party and direct recourse claims. She has also been appointed defence counsel on trucking claims. Samantha has experience with deficiency claims and technical subject matters, as well as supervising client programs, such as assisting in the development of programs, drafting of policy wording and risk management. She represents her clients in all facets of a project, and assists parties in understanding their rights under the RFQ and RFP process, disputes arising in public private partnerships, professional negligence claims, and insurance coverage and defence. Samantha is a regular speaker at seminars and was the editor for the Continuing Legal Annual Law Review for Construction from 2007 to She has also been published in Construction Business, Legal Edge, Adjusters Quarterly and Canadian Insurance Top Broker. In addition to English, Samantha speaks French, Cantonese and Mandarin. Defence of Road Contractors, Lloyd s, May, 2012 Canadian Insurance Law Update, Lloyd s, May, 2012 Consultants Legal Responsibilities, BCBEC Annual Conference and AGM, September 26, 2012 Mandatory Warranties For Residential Housing Taking the Mystery out of , Buildex Vancouver, February, 2012 CCDC2 A Focus on 3 Topics Using Case Studies, Buildex Vancouver, February 24, 2011 Representative Articles "Bad faith litigation in Canada Much ado about nothing?," USLAW Magazine, Fall/Winter 2012 (Co author with Nigel Kent) Case in Point, Canadian Insurance Top Broker, May, 2012 The Role of the Consultant in Construction, Clark Wilson LLP, April, 2009 Homeowner Warranties: Taking the Mystery out of , BCRELinks, August 3, 2007 We have intimate knowledge of the following commercial transportation insurance policies: Motor Carrier Coverage Form and Business Auto Coverage Form. 1994, LL.B, University of British Columbia 1991, B.A., University of British Columbia
94 Would You Trust a Structured Settlement to Inexperience? Why You Want a Professional at Ringler Associates Credibility Experience Expertise Trust Service Ringler Associates was founded in The oldest and largest Structured Settlement company in the United States Ringler Associates has participated in over 180,000 Structured Settlements with premiums in excess of 26-Billion. Ringler Associates is the only company licensed by all life markets offering Structured Settlement annuities through independent brokers. Ringler Associates were involved in over one-third of Structured Settlements successfully completed in Ringler Associates are located in over 70 cities across America. 80% of our consultants have over 10 years experience and over 40% have more than 20 years experience.
95 Juries have many alternatives to choose from when they don t get the facts. When faced with a problem, the human imagination is a tool of almost limitless power. However, when a case comes to court, the less left to the imagination, the better. At S-E-A, we ve been investigating and revealing the cause of accidents and failures since S-E-A has the capabilities and physical resources to recreate accidents, fires and many other occurrences under simulated conditions to arrive at replicable and accurate answers that will stand up to serious scrutiny, as well as courtroom creativity. S-E-A s investigative and scientific expertise has been an incredibly powerful tool in the field, the lab and in court for more than 40 years. Calling us in is a great choice for you, as well as the 12 people trying to make the right decision. Visit or call Jason Baker at for more details. Scientific Expert Analysis 2012
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