Procrastinators Programs SM

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Procrastinators’ Programs

SM

Products Liability: Pleading the LPLA Claims in the

Post-

Twombly/Igbal

Era

Douglas J. Moore

Irwin Fritchie

Stephen G.A. Myers

Irwin Fritchie

Course Number: 0200141223

1 Hour of CLE

December 23, 2014

2:30 p.m. – 3:30 p.m.

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RWIN

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RITCHIE

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RQUHART

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OORE LLC

________ _{C O U N S E L O R S A T L A W}_________

Practice Description

Stephen practices in the areas of products liability, pharmaceutical and medical device litigation, railroad and transportation, labor and employment, and general casualty. Whether in the context of single-plaintiff, multi-plaintiff, or mass-consolidated litigation, Stephen has extensive experience defending manufacturers against product liability claims, both in Louisiana and in other jurisdictions across the country. He has handled matters involving consumer products, commercial products, prescription drugs, and medical devices from beginning to end. In the mass-tort realm, Stephen has developed teams of experts in litigation-relevant scientific disciplines and then prepared team members for deposition and trial testimony. He has monitored both pre- and post-recall investigations into product complaints and has spent significant amounts of time working with trial counsel to prepare electronic and demonstrative evidence for use in trial and jury exercises. In addition to his products liability practice, Stephen also has a wide range of experience defending employers against claims of discrimination, harassment, wrongful termination, and breach of contract in both state and federal court.

Affiliations, Activities, and Honors

Stephen’s Martindale-Hubbell rating is AV preeminent® in the areas of both Products Liability and Litigation.1_{He has}

been selected as a Louisiana Super Lawyer in 2014 and 2015.2_{And prior to that, Stephen was named a 2013 Louisiana}

Rising Star by the Super Lawyers organization.

Stephen is currently the Chair of the New Orleans Federal Bar Association’s Younger Lawyers Division and served previously as the Chair of the NOFBA's Lunch with the Court program. He is a member of the Federal Bar Association, the Louisiana State Bar Association, and the New Orleans Bar Association. In 2010, Stephen successfully completed the International Association of Defense Counsel’s Trial Academy at Stanford Law School in Palo Alto, California.

Stephen is admitted to practice before all Louisiana state courts, the United States Court of Appeals for the Fifth Circuit, and the United States District Courts for the Eastern, Middle, and Western Districts of Louisiana. Stephen also is a certified mediator listed on the approved register of Civil Mediators by the Alternative Dispute Resolution Section of the LSBA.

Before starting his legal career, Stephen graduated magna cum laude from the Tulane University School of Engineering and was a member of the Tau Beta Pi, National Engineering Honor Society. He received departmental honors for his Engineering thesis, “Genetic Patenting: Is the Subject Matter Patentable, and How is the Practice Affecting Development in the Biotechnology Industry?”

During law school, Stephen was a member of Tulane’s Moot Court Board, a finalist in Tulane’s 2004 Junior Trial Competition, and a member of the “Best Oralist Team” in the 2004 Saul Lefkowitz National Appellate Moot Court Competition (Southern Region). Stephen also received the CALI Award for the highest grade in Federal Appellate Advocacy & Procedure and served as a judicial extern for the Honorable Judge Stanwood R. Duval, Jr., United States District Court Judge for the Eastern District of Louisiana.

1

*CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies.

2

Super Lawyers 2015 listings are not announced until January 2015.

Stephen G.A. Myers

Irwin Fritchie Urquhart & Moore LLC

Member

400 Poydras Street, Suite 2700

New Orleans, Louisiana 70130

[email protected]

504.310.2114 - direct

504.310.2101 - facsimile

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RWIN

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RITCHIE

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RQUHART

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OORE LLC

________ _{C O U N S E L O R S A T L A W}_________

Experience

Stephen has defended a wide variety of national clients, in both mass tort and individual cases, pending in various state and federal venues throughout the country. His experience includes the following.

 Direct involvement with national and trial teams in at least seven (8) different pieces of nationwide, mass tort litigation involving medical devices or pharmaceuticals

 Representing at least a dozen different major medical-device and pharmaceutical manufacturers throughout the state of Louisiana in numerous, high-exposure cases, including wrongful death actions

 Involvement in six (6) jury exercises in four jurisdictions

 Briefing and arguing dispositive motions in dozens of cases on a variety of grounds, including prescription/statute of limitations, preemption, Daubert or Frye grounds, causation, lack of defect, and

Iqbal/Twombly, among others

 Numerous depositions of plaintiffs, physicians, lay witnesses, and expert witnesses in advance of motion practice and trial in both individual matters and bellwether matters for mass-consolidated proceedings

 Jury trial experience and member of trial team in numerous other matters that settled immediately before trial

 Representing clients in close to twenty mediations in Louisiana and other jurisdictions and personally mediated three disputes

 Preparing company witnesses and 30(b)(6) witnesses for depositions and trial testimony in the mass tort setting

 Attendance and participation at dozens of product or wreckage inspections, including aircraft wreckage, train wreckage, premises inspections, vehicular inspections, and explanted medical devices inspections

 Presentations to clients, trial teams, national teams, and international counsel on key scientific issues in various pieces of litigation

 Preparing expert witnesses for depositions and trial testimony in cases pending in dozens of U.S. jurisdictions, as well as for testimony in international proceedings

 Identifying, retaining, and coordinating teams of experts in litigation-relevant subjects as part of an overarching defense strategy in nationwide mass tort litigation

Education

Stephen received his B.S.E. (2002) from Tulane University, where he double majored in Engineering Science and Philosophy, graduating magna cum laude with departmental honors. He received his J.D. (2005) from Tulane University Law School, graduating cum laude and with a certificate in Civil Law.

Publications & Presentations

Kelly E. Brilleaux and Stephen G.A. Myers, Attorney Advertising: Reevaluating the 401/403 Balance in 21st Century Mass Torts, DRI: For the Defense, February 2014.

Speaker: Current Regulatory and Liability Issues for Drug Compounding, Procrastinators’ Programs, New Orleans Bar Association, December 2013.

Speaker: Trial Graphics, Procrastinators’ Programs, New Orleans Bar Association, December 2011.

Stephen G.A. Myers, Will Direct to Consumer Advertising Lead to the Loss of One of the Pharmaceutical Companies’ Best Defenses?, Mass Torts Journal, American Bar Association, Vol. 4, No. 1, Winter/Spring 2006.

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IRWIN FRITCHIE

URQUHART & MOORE

LLC

________

C O U N S E L O R S A T L A W _________

Practice Description

Douglas devotes his practice to the defense of complex personal injury claims, products liability, toxic torts, consumer

claims, and commercial/contract disputes. He has defended a wide array of businesses including pharmaceutical and

medical device manufacturers, cellular phone manufacturers, engine manufacturers, aircraft parts manufacturers, soda

manufacturers, pest control companies, universities, retail establishments, gas stations, parochial institutions, nursing

homes, and real estate developers. On behalf of pharmaceutical and medical device manufacturers, Douglas has defended

claims for a broad variety of products, including antibiotics, anti-arrhythmic agents, anti-inflammatory drugs, contact lens

solutions, spinal instrumentation, hip replacement systems, knee replacement systems, endoscopic devices, heartburn

medicines, diabetes medicines, cold medicines, anti-psychotic medicines, pain pumps, sutures, anti-inflammatory

medicines, and weight-loss medicines.

As a trial lawyer, Douglas has handled every aspect of trial and has served as lead trial counsel in a variety of matters. He

has extensive experience in the defense of complex class actions and multi-district litigations (MDLs). He has

successfully defended class actions involving personal injury and consumer claims, and has participated in all aspects of

MDL coordination on both the local and national levels. Douglas is AV

®

* rated by Martindale-Hubbell.

Activities, Affiliations, and Accomplishments

Douglas is a member of the Louisiana State Bar Association, Federal Bar Association, New Orleans Bar Association,

Defense Research Institute, and Louisiana Association of Defense Counsel. He currently serves on the Board of Directors

of the New Orleans Chapter of the Federal Bar Association. He is also a national member of the Order of the Barristers.

Douglas is admitted to practice before all Louisiana state courts, the United States Court of Appeal for the Fifth District,

and the United States District Courts for the Eastern, Middle, and Western Districts of Louisiana.

Douglas served as an adjunct professor of law in Moot Court at Loyola University School of Law in New Orleans. He has

authored and co-authored journal articles as well as seminar manuscripts for professional institutes and associations

around the country.

Education

Douglas received his B.S. (1993) from Florida State University, where he majored in Finance and Real Estate. He

received his J.D. (2001) from Loyola University School of Law.

During law school, Douglas advanced to the “Final

Four” in Loyola’s Moot Court Intramural Competition, and was awarded the Best Preliminary Oralist in the First

Amendment Moot Court Competition at American University Law School and Best Oral Advocate in Competition at the

National Moot Court Competition of the Bar of the City of New York, Regional Competition in Memphis.

He was

awarded the Law Excellence Awards for earning the highest grades in Insurance Law and Criminal Law.