NUMBER 61 SPRING 2009 T H E B U L L E T I N COURAGEOUS ADVOCACY AWARD RENAMED for GRIFFIN BELL LONGTIME COLLEGE LEADER HAS SINCE DIED A t the Toronto meeting in September, then President-Elect John J. (Jack) Dalton announced that the College’s Board of Regents had renamed its Courageous Advocacy Award the Griffi n Bell Award for Courageous Advocacy in honor of College Past President Griffi n B. Bell. Judge Bell, who later died on January 5, 2009, was unable to attend the presentation. Griffi n B. Bell Con’t on page 6 This Issue: !" Pages FELLOWS TO THE BENCH The College is pleased to announce the following new Judicial Fellows: Marcus Z. Shar, Circuit Court for Baltimore City, Baltimore, Maryland. Anthony J. Trenga, U.S. District Court, Eastern District of Virginia, Alexandria, Virginia. Richard T. Tucker, Associate Justice of Superior Court, Worcester, Massachusetts. IN THIS ISSUE Award Named for Gri! n Bell .............. Cover Canadian Bar President Speaks ...................36 Fellows to the Bench ....................................2 Ontario Premier Welcomes College ............38 From the Editorial Board ............................ 3 Ontario Chief Justice’s Remarks .................40 Toronto Meeting Overview ......................... 4 Quebec Chief Justice’s Remarks ..................46 Tribute to Gri! n Bell ...................................8 Meet Your New College Secretary...............47 College Elects New O! cers .......................13 Hockey and Fighting: A Debate .................48 New Regents Elected ..................................13 " e Quest to End HIV/AIDS ....................54 Alito Made Honorary Fellow ......................14 Jewison: " e Artist As An Advocate ............58 Rothstein Made Honorary Fellow .............20 Retiring Regents and Chairs .......................67 Gates Award to Kaye ..................................24 Technology in the Courtroom ....................68 Chief Judge Kaye’s Remarks .......................27 College Inducts Ninety-Nine......................72 Gumpert Award to Utah Group .................30 Inductee Response ......................................74 Toronto Mayor Welcomes Fellows ..............32 In Memoriam .............................................78 Student Competition Winners ...................35 A current calendar of College events is posted on the College website at www.actl.com, as is a current compendium of the ongoing projects of the College’s National Committees. 2 ! THE BULLETIN American College of Trial Lawyers F R O M T H E The Bulletin E D I TO R I A L B O A R D Chancellor-Founder As has become our custom, we report in some Hon. Emil Gumpert (1895-1982) detail the content of the programs at the 2008 Annual Meeting in Toronto. For those of you Officers who were present, this may serve as a reminder John J. (Jack) Dalton, President Joan. A. Lukey, President-Elect of what you heard. Those of you who could not Thomas H. Tongue, Secretary Gregory P. Joseph, Treasurer attend will fi nd the program that you missed Mikel L. Stout, Immediate Past President rich with wisdom, eloquence and humor. Board of Regents Paul D. Bekman Christy D. Jones Though we regard all the presentations we have Baltimore, Maryland Jackson, Mississippi summarized as worthy of your time, we call es- Robert L. Byman Gregory P. Joseph Chicago, Illinois New York, New York pecial attention to several of them. J. Donald Cowan, Jr. Philip J. Kessler Greensboro, North Carolina Detroit, Michigan The tongue-in-cheek advice of newly inducted John J. (Jack)Dalton Joan A. Lukey Atlanta, Georgia Boston, Massachusetts Honorary Fellow Canadian Supreme Court Michel Decary, Q.C. Paul S. Meyer Montreal, Canada Costa Mesa, California Justice Marshall F. Rothstein to appellate ad- Francis X. Dee John S. Siffert vocates is a classic. The inspiring story of Fel- Newark, New Jersey New York, New York low John McGoldrick’s segue´ from the cor- Bruce W. Felmly Mikel L. Stout Manchester, New Hampshire Wichita, Kansas porate world to the crusade to fi nd a vaccine Paul T. Fortino Thomas H. Tongue against HIV/AIDS should be an example for Portland, Oregon Portland, Oregon all of us. Famed Canadian movie producer Phillip R. Garrison Chilton Davis Varner Springfi eld, Missouri Atlanta, Georgia Norman Jewison’s address on the use of art in Robert A. Goodin Francis M. Wikstrom San Francisco, California Salt Lake City, Utah the search for truth and justice is one that every lawyer ought to read and ponder. Editorial Board E. Osborne Ayscue, Jr., Charlotte, North Carolina, Chair Susan S. Brewer, Morgantown, West Virginia, Vice Chair President Jack Dalton’s announcement of James J. Brosnahan, San Francisco, California Richard C. Cahn, Melville, New York the renaming of the College’s Courageous Andrew M. Coats, Norman, Oklahoma Michael A. Cooper, New York, New York Advocacy Award for former Federal Circuit Patricia D. S. (Trisha) Jackson, Toronto, Ontario Timothy D. Kelly, Minneapolis, Minnesota Judge, Attorney General of the United States Hon. Garr M. King, Portland, Oregon Warren B. Lightfoot, Birmingham, Alabama and College Past President Gri! n B. Bell, Simon V. Potter, Montreal, Quebec Conrad M. Shumadine, Norfolk, Virginia who has since died, marks a landmark in the Michael A. Williams, Denver, Colorado G. Gray Wilson, Winston-Salem, North Carolina College’s history. Robert L. Byman, Chicago, Illinois, Regent Liaison Marion A. Ellis, Editor Telephone: 704.366.6599 We remind you of our desire to hear from Email: [email protected] Liz Doten, Art Direction and Design you, whether it be a suggestion of how we can Email: [email protected] improve this publication or a proposed opinion American College of Trial Lawyers piece. Dennis J. Maggi, CAE Executive Director 19900 MacArthur Boulevard, Suite 610, Irvine, California 92612 Telephone: 949.752.1801 Facsimile: 949.752.1674 Email: nationaloffi [email protected] Website: www.actl.com COPYRIGHT © 2008 THE BULLETIN ! 3 CANADIAN FELLOWS PUT THEIR BEST FOOT FORWARD in TORONTO In what was billed as the College’s rst meeting in Toronto, the Canadian Fellows outdid themselves. From the opening reception at historic Osgoode Hall, through the opening session on Friday at which the colours (note the Canadian spelling!) were trooped in to the accompaniment of bagpipes and the national anthems of the United States and Canada (the latter in two languages) were rendered by John McDermott, one of the original Three Ten- ors, to the nal banquet, at which Canadian induct- ee James S. Ehmann, Q.C., Regina, Saskatchewan delivered a tutorial on the rule against perpetuities, the entire meeting was a Canadian tour de force. As a historical note, those of a certain age would have remembered that in 1988 the College held a brief meeting and a banquet as an adjunct of the American Bar Association’s annual meeting, but Toronto skyline this was indeed the College’s rst real meeting in Toronto. 4 ! THE BULLETIN At the opening session on Grif n B. Bell. (A tribute to boardroom of a major nation- Friday, the College was Judge Bell, who has since died al pharmaceutical company greeted by, in order: Dalton at age 90, can be found in this to helping to lead the effort McGuinty, the Premier of issue.) to combat the HIV/AIDS epi- Ontario; Toronto Mayor demic in sub-Saharan Africa. David Miller; Canadian Bar President Mikel L. Stout also Association President Guy announced the presentation Iconic Canadian lm produc- Joubert; Warren K. Winkler, of the Emil Gumpert Award er Norman Jewison deliv- the Chief Justice of Ontario, for excellence in improving ered a spellbinding address and J. J. Michel Robert, the administration of justice on “The Artist as an Advocate JFACTL Chief Justice of to “And Justice for All,” a for Truth and Justice,” using Quebec. consortium of the three legal clips from several of his re- services providers in Utah. vered movies from the civil Retired Canadian Supreme rights era. Court Justice Jack Major, On Friday night, the Fellows Q.C., S.C.C., FACTL inducted and their guests were enter- The Saturday morning pro- his successor, Justice Marshall tained at an evening event gram ended with a panel pre- E. Rothstein, as an Honorary billed as “Your Passport to sentation of the 21st Century Fellow. Justice Rothstein’s Canada—A Destination for electronic tools available to tongue-in-cheek address on All Seasons.” trial lawyers. how to impress a Canadian appellate court had the audi- The Saturday morning pro- Ninety-nine inductees were ence rolling in the aisles. gram was highlighted by the introduced to the College at a presentation by Past Presi- Saturday morning breakfast, The best oralists in both the dent Ralph I. Lancaster of and they and their spouses Canadian Moot Court Com- an Honorary Fellowship to were feted at a Saturday lun- petition (the Gale Cup) and United States Supreme Court cheon. the Canadian National Trial Associate Justice Samuel A. Competition (the Sopinka Alito, Jr. and the presentation The meeting ended with the Cup) addressed the Fellows of the Samuel E. Gates Liti- traditional black-tie dinner and their guests. To end the gation Award to Chief Judge and induction ceremony. morning, the Canadians in- Judith S. Kaye, JFACTL of the troduced their visitors from New York Court of Appeals. Excerpts from the addresses of the south to the intricacies of various program participants the Canadian national sport, Fellow John L. McGoldrick, may be found elsewhere in hockey. whom many remembered for this issue. his eloquent 2002 tribute to At the opening session Presi- his adopted city, New York, dent John J. (Jack) Dalton an- in the wake of the 9/11 at- nounced the renaming of the tack and his address on pro- College’s Courageous Advo- fessional excellence, told the cacy Award for Past President story of his journey from the THE BULLETIN ! 5 COURAGEOUS ADVOCACY, cont’d from cover The fi fty-year history of the focus attention on advocates who The award was not named at College, Sages of Their Craft, unselfi shly represent clients in the time of its creation.