Summer 2022 | Opioid Litigation

Tort

Are Opioids a Public Nuisance? It Depends on Whom You Ask

Peter C. Condron, Monty Cooper, and Jessica D. Gilbert

Judges have declined to find pharmaceutical manufacturers responsible for creating a public nuisance, while juries have found retail pharmacies liable for contributing to the opioid epidemic.

Federal Government

The False Claims Act: The Government’s Main Weapon against Contractor Fraud

Stephen A. Wood

The act imposes treble damages and penalties on anyone who submits a false claim for payment and permits private persons to sue on the government’s behalf for a share of the recovery.

Insurance

Looking Past the Labels: How to Determine Whether Disgorgement or Restitution Payments Are Insured

Kyle D. Black

Two recent court decisions have held that disgorgement or restitution payments are covered losses and are not excludable penalties under professional liability insurance policies.

Trial Practice

Lessons Learned from a Life at Trial: Grain Dust

Daniel Small

An experienced trial lawyer uses stories from the Farmers Export grain elevator explosion trial to share practical advice on adapting to the situation, developing core themes, and seeking out feedback.

Trial Practice

Cross-Examination Content and the “Power of Not”

Patrick C. Brayer

The Power of Not is a technique that reframes seemingly self-evident facts into potent consideration points using negative phrased or contrasting themed leading questions.

Insurance Defense

Specific Concerns: Insurance Coverage Denials and Specific Personal Jurisdiction

Michael D. Strasavich and M. Corban Snider

Insureds in forums with broadly written long-arm statutes are establishing specific personal jurisdiction over the insurers based on those insurers’ denial of the insureds’ claims.

Tort

Editorial Board Member: Florence M. Johnson

A member of The Brief editorial board shares how she has challenged herself in new and diverse ways from her college years to her law practice and through her membership in the ABA.

Professional Liability

Professional Liability Insurance Committee

Jason Jobe

This TIPS committee provides a place for those involved in the professional liability defense arena to collaborate, expand their knowledge, share information, and build key relationships within the industry.

Tort

Summer 2022 Update on the Latest Programs and Events in Your Tort Trial and Insurance Practice Section

TIPS recaps recent live conferences, sponsored by the Fidelity & Surety Law and Pharmaceutical, Medical Device and Biosciences Committees, and invites applications to the TIPS/ABOTA National Trial Academy.