Procrastinators Programs SM

Transcription

1 Procrastinators Programs SM Products Liability: Pleading the LPLA Claims in the Post-Twombly/Igbal Era Douglas J. Moore Irwin Fritchie Stephen G.A. Myers Irwin Fritchie Course Number: Hour of CLE December 23, :30 p.m. 3:30 p.m.

2 Stephen G.A. Myers Irwin Fritchie Urquhart & Moore LLC Member 400 Poydras Street, Suite 2700 New Orleans, Louisiana direct facsimile Practice Description Stephen practices in the areas of products liability, pharmaceutical and medical device litigation, railroad and transportation, labor and employment, and general casualty. Whether in the context of single-plaintiff, multi-plaintiff, or mass-consolidated litigation, Stephen has extensive experience defending manufacturers against product liability claims, both in Louisiana and in other jurisdictions across the country. He has handled matters involving consumer products, commercial products, prescription drugs, and medical devices from beginning to end. In the mass-tort realm, Stephen has developed teams of experts in litigation-relevant scientific disciplines and then prepared team members for deposition and trial testimony. He has monitored both pre- and post-recall investigations into product complaints and has spent significant amounts of time working with trial counsel to prepare electronic and demonstrative evidence for use in trial and jury exercises. In addition to his products liability practice, Stephen also has a wide range of experience defending employers against claims of discrimination, harassment, wrongful termination, and breach of contract in both state and federal court. Affiliations, Activities, and Honors Stephen s Martindale-Hubbell rating is AV preeminent in the areas of both Products Liability and Litigation. 1 He has been selected as a Louisiana Super Lawyer in 2014 and And prior to that, Stephen was named a 2013 Louisiana Rising Star by the Super Lawyers organization. Stephen is currently the Chair of the New Orleans Federal Bar Association s Younger Lawyers Division and served previously as the Chair of the NOFBA's Lunch with the Court program. He is a member of the Federal Bar Association, the Louisiana State Bar Association, and the New Orleans Bar Association. In 2010, Stephen successfully completed the International Association of Defense Counsel s Trial Academy at Stanford Law School in Palo Alto, California. Stephen is admitted to practice before all Louisiana state courts, the United States Court of Appeals for the Fifth Circuit, and the United States District Courts for the Eastern, Middle, and Western Districts of Louisiana. Stephen also is a certified mediator listed on the approved register of Civil Mediators by the Alternative Dispute Resolution Section of the LSBA. Before starting his legal career, Stephen graduated magna cum laude from the Tulane University School of Engineering and was a member of the Tau Beta Pi, National Engineering Honor Society. He received departmental honors for his Engineering thesis, Genetic Patenting: Is the Subject Matter Patentable, and How is the Practice Affecting Development in the Biotechnology Industry? During law school, Stephen was a member of Tulane s Moot Court Board, a finalist in Tulane s 2004 Junior Trial Competition, and a member of the Best Oralist Team in the 2004 Saul Lefkowitz National Appellate Moot Court Competition (Southern Region). Stephen also received the CALI Award for the highest grade in Federal Appellate Advocacy & Procedure and served as a judicial extern for the Honorable Judge Stanwood R. Duval, Jr., United States District Court Judge for the Eastern District of Louisiana. 1 *CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. 2 Super Lawyers 2015 listings are not announced until January C O U N S E L O R S A T L A W _

3 Experience Stephen has defended a wide variety of national clients, in both mass tort and individual cases, pending in various state and federal venues throughout the country. His experience includes the following. Direct involvement with national and trial teams in at least seven (8) different pieces of nationwide, mass tort litigation involving medical devices or pharmaceuticals Representing at least a dozen different major medical-device and pharmaceutical manufacturers throughout the state of Louisiana in numerous, high-exposure cases, including wrongful death actions Involvement in six (6) jury exercises in four jurisdictions Briefing and arguing dispositive motions in dozens of cases on a variety of grounds, including prescription/statute of limitations, preemption, Daubert or Frye grounds, causation, lack of defect, and Iqbal/Twombly, among others Numerous depositions of plaintiffs, physicians, lay witnesses, and expert witnesses in advance of motion practice and trial in both individual matters and bellwether matters for mass-consolidated proceedings Jury trial experience and member of trial team in numerous other matters that settled immediately before trial Representing clients in close to twenty mediations in Louisiana and other jurisdictions and personally mediated three disputes Preparing company witnesses and 30(b)(6) witnesses for depositions and trial testimony in the mass tort setting Attendance and participation at dozens of product or wreckage inspections, including aircraft wreckage, train wreckage, premises inspections, vehicular inspections, and explanted medical devices inspections Presentations to clients, trial teams, national teams, and international counsel on key scientific issues in various pieces of litigation Preparing expert witnesses for depositions and trial testimony in cases pending in dozens of U.S. jurisdictions, as well as for testimony in international proceedings Identifying, retaining, and coordinating teams of experts in litigation-relevant subjects as part of an overarching defense strategy in nationwide mass tort litigation Education Stephen received his B.S.E. (2002) from Tulane University, where he double majored in Engineering Science and Philosophy, graduating magna cum laude with departmental honors. He received his J.D. (2005) from Tulane University Law School, graduating cum laude and with a certificate in Civil Law. Publications & Presentations Kelly E. Brilleaux and Stephen G.A. Myers, Attorney Advertising: Reevaluating the 401/403 Balance in 21st Century Mass Torts, DRI: For the Defense, February Speaker: Current Regulatory and Liability Issues for Drug Compounding, Procrastinators Programs, New Orleans Bar Association, December Speaker: Trial Graphics, Procrastinators Programs, New Orleans Bar Association, December Stephen G.A. Myers, Will Direct to Consumer Advertising Lead to the Loss of One of the Pharmaceutical Companies Best Defenses?, Mass Torts Journal, American Bar Association, Vol. 4, No. 1, Winter/Spring C O U N S E L O R S A T L A W _

4 Douglas J. Moore Member 400 Poydras Street, Suite 2700 New Orleans, Louisiana fax Practice Description Douglas devotes his practice to the defense of complex personal injury claims, products liability, toxic torts, consumer claims, and commercial/contract disputes. He has defended a wide array of businesses including pharmaceutical and medical device manufacturers, cellular phone manufacturers, engine manufacturers, aircraft parts manufacturers, soda manufacturers, pest control companies, universities, retail establishments, gas stations, parochial institutions, nursing homes, and real estate developers. On behalf of pharmaceutical and medical device manufacturers, Douglas has defended claims for a broad variety of products, including antibiotics, anti-arrhythmic agents, anti-inflammatory drugs, contact lens solutions, spinal instrumentation, hip replacement systems, knee replacement systems, endoscopic devices, heartburn medicines, diabetes medicines, cold medicines, anti-psychotic medicines, pain pumps, sutures, anti-inflammatory medicines, and weight-loss medicines. As a trial lawyer, Douglas has handled every aspect of trial and has served as lead trial counsel in a variety of matters. He has extensive experience in the defense of complex class actions and multi-district litigations (MDLs). He has successfully defended class actions involving personal injury and consumer claims, and has participated in all aspects of MDL coordination on both the local and national levels. Douglas is AV * rated by Martindale-Hubbell. Activities, Affiliations, and Accomplishments Douglas is a member of the Louisiana State Bar Association, Federal Bar Association, New Orleans Bar Association, Defense Research Institute, and Louisiana Association of Defense Counsel. He currently serves on the Board of Directors of the New Orleans Chapter of the Federal Bar Association. He is also a national member of the Order of the Barristers. Douglas is admitted to practice before all Louisiana state courts, the United States Court of Appeal for the Fifth District, and the United States District Courts for the Eastern, Middle, and Western Districts of Louisiana. Douglas served as an adjunct professor of law in Moot Court at Loyola University School of Law in New Orleans. He has authored and co-authored journal articles as well as seminar manuscripts for professional institutes and associations around the country. Education Douglas received his B.S. (1993) from Florida State University, where he majored in Finance and Real Estate. He received his J.D. (2001) from Loyola University School of Law. During law school, Douglas advanced to the Final Four in Loyola s Moot Court Intramural Competition, and was awarded the Best Preliminary Oralist in the First Amendment Moot Court Competition at American University Law School and Best Oral Advocate in Competition at the National Moot Court Competition of the Bar of the City of New York, Regional Competition in Memphis. He was awarded the Law Excellence Awards for earning the highest grades in Insurance Law and Criminal Law. *CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. C O U N S E L O R S A T L A W _

5 Honors Doug was selected for inclusion in the 2013 Louisiana Super Lawyers by Thomson Reuters for his work in the field of Personal Injury Defense. Publications / Presentations Speaker: Better Billing Practices, Big Easy Boot Camp, CLE Presented by the New Orleans Bar Association, The Ritz Carlton, New Orleans, Louisiana, October 17, Seminar Coordinator: The E-Discovery Amendments to the Federal Rules, CLE Presented by the New Orleans Chapter of the Federal Bar Association, The W Hotel, New Orleans, Louisiana, February 2, Douglas J. Moore, The Potential Evidentiary Impact of the Supreme Court's Due Process Analysis of Punitive Damages Awards, ABA Mass Torts News Letter, Fall James B. Irwin & Douglas J. Moore, How to Persuade a Jury to the Defense View of Key Issues in Drug or Medical Device Litigation, Manuscript of the DRI: Drug and Medical Device Litigation Seminar (San Francisco, CA, May 2002) James B. Irwin & Douglas J. Moore, Effective Use of Documentary Evidence, CLE Manuscript of the Civil Litigation Process in Louisiana State Courts Seminar, Louisiana State Bar Association (Baton Rouge, LA, April 2004) Douglas J. Moore, Legal Malpractice of the Business Lawyer and Litigator, Seminar Manuscript published of Hot Topics in Business Litigation, Professional Education Systems Institute, LLC (Metairie, LA. March, 2004) C O U N S E L O R S A T L A W _