John Randall Whaley, partner in Neblett, Beard & Arsenault, has been invited to speak at Bellwether Trials: Evolving Trends in Class Action and Complex Litigation Strategic Use of Bellwethers by Plaintiffs and Defendants on March 25th.

This CLE seminar, sponsored by Stafford, will examine recent trends in the use of bellwether trials and provide the plaintiff and defense counsel perspective on litigation strategies for using bellwethers. Bellwether trials are used in a variety of contexts in complex litigation. They can be used in class action cases before the certification hearing to help the court determine whether common issues predominate.

They are more commonly used in mass tort litigation and multidistrict litigation (MDL) proceedings where a large number of plaintiffs are proceeding on the same legal theory or claim and there is no feasible way to handle the large caseload.

Bellwether trials are valuable for settlement purposes and can help both parties assess the strengths and weaknesses of their cases. Selecting cases for bellwether trials and formulating litigation strategies require thoughtful consideration by both plaintiffs and defendants.

The panel of litigators will discusses current trends in the use of bellwether trials in class action and complex litigation and offers litigation strategies from both the plaintiff and defense perspectives.

For more information or to register for the event, click here.

Following a weekend emergency request by the U.S. Department of Transportation’s Federal Motor Carrier Safety administration (FMCSA), the United States District Court for the Central District of California on Saturday ordered the owner of Tierra Santa Inc., the illegal bus company involved in a March 5 fatal crash near Phoenix, Arizona, to immediately cease all interstate and international passenger service. The bus company, allegedly operated illegally from Mexico, traveling through Texas and Arizona to Los Angeles, slammed into the back of a pickup truck and rolled killing 6 passengers and injuring 16.

The owner of the bus company, Cayetano Martinez of Los Angeles, had previously been shut down by FMCSA, only to attempt to “reincarnate himself as a new carrier” and unsuccessfully attempted to gain U.S. Department of Transportation operating authority under a new name. “Martinez has shown a persistency and determination to continue operating under new entities and business,” the complaint states. The consent decree also prohibits Martinez, or any affiliated company, “from contracting with or arranging for additional transportation of passengers unless the contracted motor carrier possesses valid operating authority registration from FMCSA.”

The safety of the motoring public and the bus passengers demand enforcement, shutting down, and removal of unauthorized motor carriers from the interstate roads before such a tragedy.

Here is the official press release from the FMCSA:

Illegal Interstate Bus Company Is Ordered to Cease All Operations Immediately FMCSA Obtains Emergency Action to Shut Down Carrier

WASHINGTON, D.C. – Following an emergency request by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), the United States District Court for the Central District of California on Saturday ordered the owner of Tierra Santa Inc, the illegal bus company involved in a March 5 fatal crash near Phoenix, Arizona, to immediately cease all interstate and international passenger service.

The carrier ceased operation on the evening of Friday, March 5 at the demand of FMCSA. Saturday’s order makes that shutdown enforceable by the Court.

FMCSA’s complaint states that the owner of the bus company, Cayetano Martinez of Los Angeles, had previously been shut down by FMCSA, only to attempt to “reincarnate himself as a new carrier” and unsuccessfully attempted to gain U.S. Department of Transportation operating authority under a new name.

“Martinez has shown a persistency and determination to continue operating under new entities and business,” the complaint states.

The consent decree also prohibits Martinez, or any affiliated company, “from contracting with or arranging for additional transportation of passengers unless the contracted motor carrier possesses valid operating authority registration from FMCSA.”

The consent decree does not absolve Martinez from possible future civil penalties by FMCSA for violations of federal motor carrier safety regulations.

“It is absolutely essential that unsafe carriers like this one be taken off the road,” said U.S. Transportation Secretary Ray LaHood. “Safety is our number one priority at the Department of Transportation and we will not rest until this accident has been fully investigated.”

“FMCSA investigators are working tirelessly so that we can prevent such a senseless loss of life from happening again,” said FMCSA Administrator Anne S. Ferro. “We thank the United States Attorney’s Office for their outstanding partnership in bringing this emergency action forward so quickly.”

Laws regulating liability for defective products and the trial lawyers who litigate to enforce them make life safer for all American consumers. Without these laws and the lawyers willing to take on the manufacturers of defective and unreasonably dangerous products, buying and using a wide range of products would, in essence, become a crapshoot for unsuspecting consumers. Successful products liability litigation has resulted in safer products, better regulation, improved warnings, and greater public awareness of the issue. It has also helped change the way manufacturers do business and perhaps more importantly, how our government regulates these companies.

A review of past headlines illustrate the vast number of defective products that have caused a multitude of injuries and cost Americans dearly: Bridgestone and Firestone tires, prescription drugs Vioxx, Baycol and Halcion, dietary supplement ephedra, medical devices like Guidant defibrillators, Medtronic pacemaker leads,and  Dalkon Shield; silicon breast implants, asbestos, and tobacco products just to name a few. Litigation has resulted in recalls of numerous products including Ford Pinto and Explorer, Chrysler minivans, baby cribs and strollers and infant car seats, children’s Tylenol, flammable clothing, birth control medication and devices, tainted food products, and the most recent Toyota vehicles causing unintended acceleration just to name a few.

Aviation litigation has resulted in a drastic drop in the number of crashes and deaths involving aircraft. According to the Consumer Federation of America, there has been a dramatic change in the rate of accidental deaths and injuries since the enactment of products liability laws and stiffer regulation. As a result they estimate that approximately 6,000 deaths and millions of injuries have been prevented on an annual basis.

People are powerless to protect themselves against defective products and the harm they cause without these laws and regulation, as well as the courageous attorneys willing to take on the manufacturers. Beware of the political hue and cry for so-called “tort reform” by business interests and insurance companies trying to gut these important safeguards. Those who support such disingenuous political initiatives just may end up being the victim of a dangerous product without legal recourse to compensate them for the resulting injuries.

The Federal Motor Carrier Safety Administration (FMCSA) announced it will hold a fifth public listening session to hear comments and information on hours of service regulations. The fifth session will be held in conjunction with the Mid-America Trucking Show in Louisville, KY, on March 26, 2010 at 10 am local time. The agency is holding the listening sessions after a rewrite of the rule was triggered by an agreement between the Department of Transportation and safety advocacy groups.

The safety groups have suspended their legal challenge of the hours of service rules which include the number of driving hours and on duty time of a truck driver. The groups, including Public Citizen, Advocates for Auto and Highway Safety and the Teamsters Union, were challenging the rules on several grounds, asserting for example that they permit too much driving time resulting in sleepy and fatigued commercial motor vehicle drivers at risk for wrecks.  Under the agreement, DOT has until next summer to draft a new proposed rule, and until the following summer to publish a final rule.

The driver of a pick-up in South Louisiana was killed after the driver of an 18-wheeler fell asleep at the wheel, crossed the center line and crashed head-on into the pick-up truck. The driver of the pick-up was pronounced dead at the scene. The accident occurred at 9 o’clock in the morning in Houma, Louisiana. The 18-wheeler driver fell asleep and his big rig drifted across the center line into on-coming traffic. The pick-up driver took evasive action, tried to swerve off the road to avoid the 18-wheeler, but was struck head-on on the road’s shoulder.

Tired, fatigued and sleepy 18-wheeler drivers are being looked at by the Federal Motor Carrier Safety Administration on behalf of the Department of Transportation. Current rules allow a truck driver to work 14 hours a day. Federal regulators have started hearings on potential plans to reduce the on-duty and drive time of a truck driver. Safety advocates hope that these hearings result in a reduction of the hours-of-service a truck driver can work so he can receive adequate rest and not endanger the motoring public i.e. your family, by not driving tired and fatigued. Proper and adequate rest for a commercial motor vehicle driver is essential considering the 80,000 pound big rigs they operate. This tragic collision can be prevented with adequate rest.

Attorney Richard Arsenault has been invited to chair HarrisMartin Publishing’s Toyota Litigation Conference in San Diego, CA on March 24th.  Arsenault, a veteran of class action litigation with experience in automobile defect lawsuits, has filed two class action suits against Toyota in wake of the company’s recalls.  Here is more information on the upcoming event:

HarrisMartin Publishing, a leading provider of continuing legal education, has announced that its Toyota Recall Litigation Conference will take place March 24 at The Westin San Diego hotel in San Diego, Calif.

The conference has been scheduled to coincide with a San Diego meeting of the federal Judicial Panel on Multidistrict Litigation, which will hear arguments March 25 on the establishment of a coordinated legal proceeding for all federal lawsuits arising from the Toyota recall.

Richard Arsenault of Neblett, Beard & Arsenault and Jimmy Faircloth, of The Faircloth Law Group, will co-chair the program and have invited counsel from some of the earliest-filed cases addressing allegations of sudden acceleration defects in late-model Toyota vehicles.

Prominent trial attorney Mark Geragos, whose law firm Geragos & Geragos has filed several Toyota claims, will deliver a keynote luncheon address.

Among the more than a dozen confirmed speakers for HarrisMartin’s March 24 Toyota Recall Litigation Conference are Elizabeth J. Cabraser, who will speak on the unique case management challenges of the proposed MDL; John R. Climaco, who will present on organizational issues that come with the MDL process; Stanley M. Chesley, who will highlight specific claims expected to be brought in the wake of the recall, and Won J. Kim of Toronto, who will focus on the Canadian experience in auto recall litigation. There will also be sessions on engineering and electronics in auto defect cases, conducted by Seth A. Katz and Hunter J. Shkolnik; corporate damage control by Faircloth, bellwether trial experience featuring Grant L. Davis, Dawn M. Barrios and Shawn G. Foster, and additional relevant topics.

A complete agenda, including topics and current confirmed faculty, is posted at www.harrismartin.com.

Attendees may also register for the event at www.harrismartin.com or by calling (800) 496-4319. Sponsorship and exhibitor opportunities are also available. The host hotel, the Westin San Diego, is offering a discounted room rate for attendees of HarrisMartin’s Toyota Recall Litigation Conference. Call The Westin San Diego directly for hotel reservations, at (619) 239-4500.

The American Association for Justice (AAJ) Interstate Trucking Litigation Group has invited David Walker to speak at its members-only LITIGATING TRUCK COLLISION CASES seminar.

Walker, an attorney and partner with Neblett, Beard & Arsenault, will be one of the featured presenters in the upcoming seminar. The Interstate Trucking Litigation Group consists of talented attorneys who focus their practice on commercial vehicle litigation throughout the country. Walker’s practice focuses on 18-wheeler, commercial bus, heavy equipment and large truck collisions representing victims injured by the negligence of commercial motor vehicles.

The National Transportation Safety Board has scheduled a February 18 public Board meeting to review its list of Most Wanted Safety recommendations directed at federal agencies. The Most Wanted List focus is on safety improvements the Board believes will have the greatest impact on transportation safety. Some of the issues to be reviewed include emergency helicopter medical services, intelligent highway technologies, motor carrier operations and driver fatigue. A live and archived webcast will be available on the Board’s website.

Auto dealers and auction companies are bearing the financial brunt of Toyota’s recent recalls and Stop Sales Order and deserve to be compensated for the extra costs they are incurring, according to a class action lawsuit (2:10-cv-04025-NKL ) filed in Missouri federal court on Friday.

The lawsuit, filed by Shawn Foster of Davis, Bethune and Jones in Kansas City, Missouri and J. R. Whaley of Neblett Beard and Arsenault in Louisiana, details the financial pain that holding excess and unsellable inventory causes automotive dealers generally. The lawsuit then specifies the financial strain that the recent recalls and Stop Sales Order have caused the automotive sales industry.

The lawsuit also claims that Toyota knew over a year before the recent Stop Sales Order that its gas pedals were defective. The lawsuit claims that Toyota hid that information from the automotive sales industry and instead blamed bulky floor mats for the sudden acceleration problems plaguing the auto maker. That delay, according to the lawsuit, caused automotive dealers and auction companies to buy vehicles they cannot now sell and forces those businesses to carry costs to hold this currently unsellable inventory.

“Most used car dealerships are small businesses that really cannot afford to hold excess inventory, particularly in these tough economic times. This lawsuit seeks some reimbursement for the costs these dealers are incurring because of Toyota’s actions,” said Shawn Foster. The lawsuit seeks class action status on behalf of all automotive dealers and auction companies but specifically excludes licensed Toyota dealers. “Class actions allow small businesses to come together and take on a corporate Goliath like Toyota,” J. R. Whaley explained. “Class actions are oftentimes the most affordable way to prosecute claims like this.”

The lawsuit is pending in the federal court in Jefferson City, Missouri and is entitled Jerry Baker Auto Sales, LLC v. Toyota Motor Sales, U.S.A., Inc. et al. The docket number is 2:10-cv-04025-NKL.

A lawsuit has been filed for the September 13, 2009 fire death of a Bastrop, Louisiana woman. The lawsuit claims that Ms. Merrimac Ellis burned to death after her motorized wheelchair burst into flames while she was operating it. The fire occurred at the Bond House Apartments in Bastrop, Louisiana, an apartment for elderly citizens. The fire forced the evacuation of residents of the Bond House.

“The origin of the fire was unquestionably the wheelchair,” said Travis Holley, one of the attorneys representing the family of Ms. Ellis. “And there is no question that Ms. Ellis died a horrible death as a result.” Holley and J. R. Whaley of Neblett, Beard & Arsenault are the attorneys who filed the suit on behalf of the family of Ms. Ellis.

According to the lawsuit Holley and Whaley filed, at approximately 9:00 p.m. on September 13, 2009, Ms. Ellis was in her apartment at The Bond House and could be heard by neighbors yelling, “Help, I’m on fire!” The lawsuit says that when the Bastrop Fire Department responded and entered Ms. Ellis’ apartment, firefighters found Ms. Ellis trapped in her powered wheelchair, in front of her kitchen sink and that both Ms. Ellis and the powered wheelchair were engulfed in flames.

The lawsuit alleges that despite repeated attempts, Ms. Ellis was unable to free herself from the burning chair and that in its subsequent investigation, the State of Louisiana Fire Marshall observed bloody fingerprints under the sink where Ms. Ellis was sitting when the fire consumed her. The lawsuit states that “These bloody fingerprints are indication of Ms. Ellis’ valiant, yet unsuccessful, attempts to free herself from the burning chair to save her life.”

The lawsuit also alleges that Invacare, the world’s largest manufacturer of motorized wheelchairs, has a history of fires originating in their powered wheelchairs and details a 2000 recall Invacare ordered of over 215,000 powered wheelchairs. Ms. Ellis’ was manufactured after the recall.

“Unfortunately, Invacare is all too familiar with its chairs causing fires. Our most vulnerable citizens deserve products that will help, rather than harm, them,” Whaley said.

The lawsuit also blames the Bond House for inadequate sprinkler and alarm systems and the companies the lawsuit alleges were responsible for the maintenance of those sprinkler and audible alarm systems.

The lawsuit is entitled James Ellis, Individually and on behalf of his deceased mother, Merrimac Ellis versus Bond House Senior Apartments, LP, Philadelphia Insurance Company, Samella Anderson, Invacare Corporation, Delta Fire Protection Systems, Inc. and Vantronics Security System of Monroe, Inc. The docket number is 2010-74.