News


  • 13 Sep 2017 1:15 PM | Kathi McKeown (Administrator)
    Special Announcement

    Message from John R. Kouris, DRI Executive Director

    Due to recent violent and damaging weather affecting a large percentage of our membership, we are extending the early registration discount through the 2017 Annual Meeting.  The registration fees will remain at $895 for members, $1,095 for non-members, and $200 for in-house counsel and claims executive members.  This is a one-time occurrence due to the extraordinary circumstances our country is currently facing.

    In addition, we are extending an offer to those of you who had to cancel their registrations at the Cybersecurity and Data Privacy Seminar, Strictly Automotive Seminar, Managing Partners and Law Firm Leaders Conference, and/or Nursing Home/ALF Litigation Seminar due to weather related issues.  You may transfer your seminar registration fee to the Annual Meeting without any additional increase cost to you provided you are not already registered for the Annual Meeting.  Please contact DRI Customer Service at 312.795.1101 to transfer your registration fee to the Annual Meeting.

    Our best wishes for a speedy recovery to those of you who have experienced hardship and loss as a result of Hurricanes Harvey and Irma.  If DRI can assist you in that recovery, please contact our Customer Service Department at 312.698.6200, or e-mail us at drirelief@dri.org.  I hope you will be able to take time to connect with your fellow members in the weeks to come and enjoy the goodwill that is such a strong part of membership in DRI.

    Warm regards, 

    John R. Kouris

  • 12 Sep 2017 12:42 PM | Kathi McKeown (Administrator)

    CHICAGO ­– (September 8, 2017)— DRI–The Voice of the Defense Bar has filed an amicus brief in Cyan, Inc. v. Beaver County Employees Retirement Fund, Supreme Court No. 15-1439. The United States Supreme Court granted certiorari in Cyan to determine whether state courts lack subject matter jurisdiction over covered class actions that allege only Securities Act of 1933 claims. The brief was filed by DRI’s Center for Law and Public Policy.

    Respondents, shareholders of Cyan stock, filed a class action in the Superior Court of California, County of San Francisco, on behalf of purchasers of Cyan’s IPO stock after an announcement of weaker-than-expected results.  Respondents sought strict liability remedies under the Securities Act of 1933 alone; no state law claims were raised. Accordingly, Petitioners moved for judgment on the pleadings for lack of subject matter jurisdiction, but the Superior Court denied the motion.  Petitioners’ subsequent petition for writ relief to the Court of Appeal of the State of California, First District was denied without opinion. 

    Supporting Petitioners (Cyan), the DRI amicus brief argues that under the Securities Litigation Uniform Standards Act of 1998 (SLUSA), “covered class actions” (a damages action filed on behalf of more than 50 people)—like the one at issue here—that allege only violations of the Securities Act of 1933, are to be litigated in federal court only.  

    Based on the legislative history of securities laws from 1933 to present, the DRI amicus brief advocates that the SLUSA was designed to curb plaintiffs’ efforts to circumvent the protections of the earlier-enacted Private Securities Litigation Reform Act of 1995 (Reform Act).  Specifically, plaintiffs flocked to state courts where the federal Reform Act’s provisions were not routinely applied, to avoid the protections granted to defendants by the Reform Act.  In response, Congress enacted the SLUSA to make federal court “the exclusive venue for most securities class action lawsuits.”

    The DRI brief warns that an affirmance of the Superior Court’s decision will create a host of problems for individuals and businesses. These problems include clever plaintiffs searching for “hellhole” or “magic” jurisdictions in which to file their claims.  Such jurisdictions lack the qualities associated with the rule of law and often render incomprehensible verdicts against defendants. This leads to an associated problem: settlement of even meritless claims for fear of a sizeable and debilitating verdict.  Moreover, this risk of liability often hinders publicly held companies from attracting and maintaining qualified board members, which can have a direct negative impact on a company’s performance.

     For all these reasons, and to adhere to the legislative intent of the SLUSA, the DRI amicus brief urges the Supreme Court to reverse the decision and hold that covered class actions that are limited to claimed violations of the Securities Act of 1933 be litigated in federal court only.

     The DRI amicus brief was authored by Mary Massaron and Hilary A. Ballentine of Plunkett Cooney, Bloomfield Hills, Michigan.  Ms. Massaron is a past president of DRI.  Ms. Ballentine is the Immediate Past President of the Michigan Defense Trial Counsel. They are available for interview or for expert comment through the contact information above.

    For the full text of the amicus brief, click here.


  • 12 Sep 2017 12:40 PM | Kathi McKeown (Administrator)

    KDC member, Mauritia G. Kamer, is now practicing with Steptoe & Johnson in their Lexington office.

  • 12 Sep 2017 12:39 PM | Kathi McKeown (Administrator)

    KDC member, Langdon Worley, is now practicing with Sturgill, Turner, Barker & Moloney, PLLC, Lexington.

  • 29 Aug 2017 12:35 PM | Kathi McKeown (Administrator)

    KDC welcomes its newest member:

    James M. Burd of Wilson Elser Moskowitz Edelman & Dicker LLP, Louisville is a graduate of the University of Louisville Brandeis School of Law.  Mr. Burd practices in the areas of Auto, Commercial, General Liability, insurance, Medical Malpractice, Product Liability, Tort and Trucking.

  • 21 Aug 2017 11:07 AM | Kathi McKeown (Administrator)

    Jessica Droste is now practicing with Phillips Parker Orberson & Arnett in their Lexington office.

    Jennifer Peterson is now practicing with Travis & Herbert Attorneys PLLC in Louisville.



  • 16 Aug 2017 11:01 AM | Kathi McKeown (Administrator)

    A belated congratulations to David Nunery of Nunery & Call, Campbellsville, who retired December 31, 2016.  David served on KDC's Board of Directors from 2008-2011.  KDC wishes Dave the best in retirement.

  • 10 Aug 2017 4:27 PM | Kathi McKeown (Administrator)

    KDC welcomes its newest member:

    Courtney Lynn Rosser of Robinson and Havens, PSC, Lexington.  Ms. Rosser graduated from law school at the University of Kentucky and practices in the area of medical malpractice.  She is a member of DRI and sponsored by KDC member, Clayton Robinson.

  • 06 Aug 2017 11:36 AM | Kathi McKeown (Administrator)

    KDC member, Mary Katherine Bing, is now practicing law at Gess Mattingly & Atchison, P.S.C. in Lexington.

  • 06 Aug 2017 11:34 AM | Kathi McKeown (Administrator)

    Turn to page 11 of the August 2017 edition of For the Defense to see a great picture of former KDC President, Pat Moloney, now serving as DRI Southern Region Director.  


 
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