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FDCC Insights, March 2018
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FDCC Insights, vol. 1, March 2018
 
OUR PROFESSIONAL CLIENTS ARE PEOPLE TOO

ASHLEY HUFFSTETLER CAMPBELL
 
My law partner and I recently met with a new client, Barbara.  Barbara is a real estate agent whose client filed a complaint against her to the North Carolina Real Estate Commission.  Barbara's insurer hired our firm to represent her in the disciplinary proceeding.  The more my law partner talked about the disciplinary process and the possibility that Barbara may ultimately be sued, the more stricken Barbara began to look.  Despite my partner being extremely experienced in handling professional liability claims, I could tell that he was missing the subtle changes in Barbara's demeanor.  Because she was an accomplished professional with years of experience under her belt, my law partner assumed Barbara did not need "hand holding."

 
 

IP IN THE CANNABIS INDUSTRY: WHERE LAWS COLLIDE

DAVID JAROSLAW & JUSTIN MCNAUGHTON
 
America's marijuana laws have been in the news quite a bit lately.  On January 4, 2018, United States Attorney General Jeff Sessions issued a memorandum rescinding prior Justice Department guidance, in place since 2013, which made enforcement of marijuana laws a "low priority" for federal law enforcement.  As noted below, the new policy may -- or may not -- make the cannabis industry a more difficult place for legitimate businesses.  Still, cannabis remains a booming industry.  Current sales of medical and recreational cannabis in U.S. jurisdictions that permit such sales have been estimated to total $6.5 billion annually, and that figure is projected to grow to $30 billion by 2021.

 
CAUTIOUS OPTIMISM AS THE "NEW" E-DISCOVERY RULES BEGIN TO GAIN TRACTION

JOHN J. JABLONSKI
 
The "new" E-Discovery amendments to the Federal Rules of Civil Procedure went into effect on December 1, 2015. See Rules 26(b)(1) and 37(e), Fed.R.Civ.P.  Slightly more than two years have passed.  While old judicial habits die hard, some fairly recent decisions suggest reason for cautious optimism.

 
 
DECIDING WHETHER TO MAKE THE LEAP: EVALUATING THE CHANCES OF SUCCESS ON APPEAL

ROBERT A. OLSON
 
You have just lost at trial (or won) and you want to appeal (or the other side does).  Either way, you want to know the chances of success on appeal.  Evaluating success on appeal is not the same as evaluating success at trial.  Just as it is often true that the case that is tried is not the case that was discovered - that is, the determinative issues at trial are not the issues over which the parties fought during discovery; the case that is appealed is likely not the case that was tried - that is, the critical issues on appeal may not have been fulcrum issues at trial.

 
 
SUCCESSFUL DAUBERT CHALLENGES TO PLAINTIFFS' EXPERTS AND THE EXPERTS' RELIANCE ON FLAWED TESTING

TOM BAZEMORE
 
Successful Daubert challenges are significant in confining Plaintiff's theories or, in some instances, entirely eliminating Plaintiff's expert or even Plaintiff's case.  In a recent decision in Eveler v. Ford Motor Co., 2017 U.S.Dist.LEXIS 124084 (E.D.La. August 7, 2017), the United States District Court for the Eastern District of Louisiana took up Ford Motor Company's Daubert challenge to Plaintiffs' automotive design expert, Paul Semones.  The Evelers alleged design defects in the Ford vehicle (2001 Ford Explorer) after a rollover accident on I-10 near New Orleans, Louisiana.  Plaintiffs' basic theory was that the design of the Ford vehicle made it susceptible to a rollover accident.  Although police officers investigated the accident and produced a report, no photographs were taken from the accident scene which made basic reconstruction of the accident more difficult.

 
 

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Federation of Defense & Corporate Counsel
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You may contact us at:
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Elizabeth J. Smith, Insights Editor, FDCC
Reid S. Manley, Chair, Publications Committee, FDCC
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