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JERE BEASLEY REPORT November 2017 I e JERE BEASLEY REPORT November 2017 I. website at expo.beasleyallen.com to Glover at 800-898-2034 or by email at reserve your spot. We look forward to [email protected]. CAPITOL seeing you! OBSERVATIONS II. INAUGURAL ATLANTA LEGAL SUMMIT DRAWS ORE HAN AWYERS BEASLEY ALLEN LEGAL CONFERENCE SET FOR M T 100 L AUTOMOBILE NOV. 16 & 17 IN MONTGOMERY Last month it was an honor for our firm NEWS OF NOTE The 11th annual Beasley Allen Legal to partner with The Cooper Firm and Conference & Expo is set for Nov. 16 and host the inaugural Atlanta Legal Summit GENERAL MOTORS AGREES TO $120 MILLION 17 in Montgomery, Alabama. As many as for the Georgia Plaintiffs’ Bar. More than IGNITION SWITCH SETTLEMENT WITH STATES 2,000 lawyers are expected to attend the 120 of the best and brightest lawyers in two-day event, the largest gathering of its private practice in the state gathered in the Ritz Carlton Ballroom for a day of General Motors Co. (GM) will pay $120 kind in the state. Actually, it will be one million to state attorneys general to settle of the top five legal conferences in training and networking. Lance Cooper of The Cooper Firm wel- claims that the automaker concealed the the nation. now well-known ignition-switch defect. We have a variety of speakers, includ- comed attendees and shared the story of ing lawyers from Beasley Allen as well as how the partnership between our firms special guest speakers who are political originated. He praised the culture of IN THIS ISSUE and community leaders. Alabama lawyers servant leadership and humility at I. Capitol Observations ...............2 will learn about emerging areas of litiga- Beasley Allen. Lance also expressed appreciation for the more than 100 tion, and how to examine potential II. Automobile News Of Note ...........2 claims and evaluate their potential. General Motors cases our firms have worked on together successfully and said Lawyers who attend the conference III. Purely Political News & Views ........4 can earn a full 12 hours of Continuing that “at the end of the day we do good for Legal Education (CLE) credit, certified by our clients and have fun.” IV. Court Watch ......................5 the Alabama State Bar. The event also Danielle Mason updated colleagues on provides a legal services expo where con- the Talcum Powder Litigation against V. The Corporate World ...............6 ference attendees can visit with more Johnson & Johnson and Imerys Talc VI. Whistleblower Litigation ............9 than 20 of the nation’s top legal service America. She explained the important role internal company documents have providers. This is a great place to learn VII. Product Liability Update ...........10 about the leading products and services played in the talc trials and the difference that will help enhance and support your they have made in exposing the dangers VIII. Mass Torts Update ................13 litigation efforts. of talc that Johnson & Johnson hid for Another valuable benefit of attending decades. Summit participants were very IX. Business Litigation ................15 the conference is the chance to network engaged during Danielle’s presentation, with other lawyers from all over the asking questions and seeking more infor- X. Employment and FLSA Litigation .....16 mation about the litigation. Throughout state. If you are a new lawyer or even if XI. Workplace Hazards ...............17 you have an established practice, you will the day, additional speakers provided tips on jury selection and how to recognize a learn a lot from talking to your col- XII. Transportation ...................18 leagues. This is the time to build relation- products liability claim, as well as current ships that will help you grow your trends in the legal profession. XIII. Opioid Concerns .................20 practice. Special guests, including Georgia Court The best part is that all of this is com- of Appeals Judge John J. Ellington and XIV. Toxic Exposure Concerns ..........20 pletely free and open to all Alabama Michael A. Prieto, president of the XV. Update On Nursing Home Litigation ..23 lawyers in private practice. The event Georgia Trial Lawyers Association, joined attendees during lunch. Beasley Allen’s includes breakfast, lunch and a dinner XVI. An Update On Class Action Litigation ..25 reception on Thursday, and a special Navan Ward, currently serving as Trea- prayer breakfast on Friday morning that surer for the American Association for XVII. The Consumer Corner .............27 always features an inspirational speaker. Justice, brought a national perspective We appreciate our sponsors, who help with an update on the Association’s work. XVIII. Recalls Update ...................30 make this conference possible. This Chris Glover closed out the day thank- year’s platinum sponsors are Jackson ing the State Bar of Georgia and its XIX. Firm Activities ...................34 Thornton Valuation and Litigation Con- members for welcoming him and his XX. Special Recognitions ..............37 sulting Group and Freedom Reporting, family to the state with open arms. Par- ticipants enjoyed a dinner reception later Inc. These two firms have been great sup- XXI. Favorite Bible Verses ..............37 porters of this event for many years. that evening. All in all, the event was a If you are an Alabama lawyer and are complete success. XXII. Mythbuster Series ................38 on our email list, you should already have For more information about Beasley received some information about the con- Allen’s Atlanta office, contact Chris XXIII. Closing Observations ..............38 ference. Visit our conference registration XXIV. Parting Words ...................39 2 BeasleyAllen.com The settlement, announced on Oct. 18, Like any other business—large or Florida’s recent averages, which studies comes three years after GM issued recalls small—automakers have an obliga- have found range between 30 to for more than 9 million vehicles in the tion to represent the products they 33 percent. U.S. for a defect that could cause cars to sell honestly, to ensure those prod- The 30 objections filed from a class of suddenly lose electrical systems, includ- ucts are safe, and to alert consum- nearly 20 million members is well below ing power steering and power brakes. Air ers when they discover a product the approximately 230 that is typical for bags would also fail to deploy in some defect that threatens consumer these types of multidistrict litigations. collisions. safety. When they fail to do so, as The number is far below the more than The settlement benefits the attorneys was the case with GM, we are com- 400 in Volkswagen’s recent settlement general of 49 states and the District of mitted to holding them related to its diesel emissions scandal. Columbia. Only Arizona, which has its accountable. The substantial work of the 26 Plaintiffs’ own lawsuit, did not participate. GM firms involved in the case included claims that improvements will be made, The $120 million settlement includes reviewing more than 10 million docu- including continuation of a new organiza- $6 million for Florida, $4.3 million for ments produced by the Defendants and tional structure it says is devoted to New York, $4.1 million for New Jersey, deposing 70 class members and 45 global vehicle safety. $7.3 million for Texas and $3.2 million for Defense witnesses. As we have previously reported, GM Connecticut. Other states will get lesser Under the terms of the settlements, has paid about $2 billion to the Depart- amounts. New York Attorney General BMW will pay $131 million; Subaru, ment of Justice, the Federal Trade Com- Eric Schneiderman said in a statement: $68.26 million; Mazda, $75.8 million, and mission, consumers and shareholders. Instead of prioritizing customers, Toyota, $278.5 million, for a total of That amount includes nearly $600 General Motors turned a blind eye $553.6 million. The overall value reaches million placed in a victims’ compensation for years and chose to conceal the $741 million when extended warranties fund overseen by Ken Feinberg. GM filed safety defects associated with of 10 years or 150,000 miles on the new for bankruptcy in 2009. The states several models of their vehicles. inflators is factored in, according to a claimed GM employees knew as early as New Yorkers should not have to warranty valuation expert’s review. The 2004 that the defective ignition switch worry about their steering or four automakers were the first to settle created a safety risk. But recalls were brakes failing or their air bags not and get out of the multidistrict litigation delayed for years. GM agreed as part of deploying when they get behind the (MDL) over the largest auto recall in the the settlement not to tell consumers a wheel. Today’s settlement ensures nation’s history. Takata’s air bag inflators vehicle is safe unless it meets federal that drivers receive the transpar- have been linked to at least 11 deaths in motor vehicle safety standards. The ency they deserve when they pur- the United States. The cheap but volatile agreement required that used vehicles chase a car. ammonium nitrate that inflates the bags may not be called “safe” or “subject to rig- can misfire, especially in humid condi- orous inspection” unless there are no It’s good seeing state attorneys general tions, blasting chemicals and shrapnel at open recalls affecting them. The settle- protecting the cities of their respective passengers and drivers. ment also requires GM to instruct dealers states. This is a prime example of being Takata has pled guilty to wire fraud and to complete recall repairs before making willing to take on Corporate America agreed to pay $1 billion in fines and resti- a car eligible for certification or deliver- when they do wrong and hurt people. tution. The company also acknowledged ing it to a customer.
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