4/15/2016: Robert T. Franklin Award Presented for First Time at DRI Seminar

/in /by 4/15/2016: Robert T. Franklin Award Presented for First Time at DRI Seminar

BALTIMORE, MD – Yesterday, April 14, the first Robert T. Franklin Award was presented to Judy Burckhalter of Old Dominion Freight Line at the DRI Trucking Law Seminar in Chicago.  The Award is named in honor of Bob Franklin, co-founder of Franklin & Prokopik (F&P) and founder of the DRI Trucking Law Committee, who passed away in November of 2013.  Throughout his career as an attorney, Bob represented the interests of trucking companies and worked tirelessly to promote and to educate others about the industry.  The Award was created to honor someone that has also dedicated their career to the defense of the trucking industry.  The nominations were judged based on commitment to the trucking industry, education of the industry, and loyalty to the industry, aiming to select an individual who is a true champion of the trucking industry, as was Bob.

Judy Burckhalter, the 2016 Robert T. Franklin Award recipient, has dedicated over 25 years of her life in representing the trucking industry.  She has done so with a unique combination of fierce loyalty, dedication, intelligence, and uncommon grace.  Judy’s life demonstrates a blending of qualities seldom found in a single person.  She has championed the industry in the spirit of Bob Franklin, showing the world that those in the industry are decent and hardworking people, who are fair and compassionate.

“I can tell you from experience that she works with attorneys with the same respect and intelligence, and is a model for all of us as a professional and as a person,” commented Tamara Goorevitz, a principal at F&P who worked closely with Bob Franklin.

The Robert T. Franklin Award will be given by DRI’s Trucking Law Committee at their biannual seminars, which will next occur in 2018.

4/8/2016: Major Appellate Victory for F&P’s Fitzpatrick in United Airlines Case

/in /by 4/8/2016: Major Appellate Victory for F&P’s Fitzpatrick in United Airlines Case

Lynn Fitzpatrick, managing principal of our Herndon, Virginia office recently achieved a major victory at the Virginia Court of Appeals in a case involving the “arising out of the employment” defense. In United Airlines v. Bryan Andrew Taylor, 16 Vap UNP 1169154 (2016), the injured worker suffered a right knee injury while ascending jet bridge steps in the course of his employment as an airline ramp agent. In his right hand he carried a thirty-pound baby stroller, and in his left hand a five-pound umbrella-style baby stroller. Mr. Taylor testified that his knee simply “popped” when he landed on the third step. He fell backwards and was subsequently diagnosed with a patellar dislocation. He did not specifically state that the weight or bulk of the strollers caused his injury. Of significance is the fact that he had experienced two prior right patellar dislocations in his teenage years.

The Full Commission had found that Mr. Taylor’s right knee injury did arise out of the employment based on the “inference” that the weight and bulk of the strollers caused or contributed to the injury (despite the fact that the claimant did not testify to such). On appeal to the Court of Appeals, Fitzpatrick argued on behalf of the employer that because there was no defect in the jet bridge stairs, and there was no medical opinion containing a causal connection between the conditions of the employment and the injury, the Full Commission erred in “inferring” a causal connection.

The Court of Appeals agreed, reversing the Award of benefits and holding that the evidence did not support a finding that the injury arose out of the employment. While the Full Commission was permitted to draw inferences from the evidence, the inference drawn in this case did not extend beyond the level of speculation.   This decision provides employers with a weapon against such Commission inferences which are not properly grounded in supportable evidence.

Should you have any questions about this decision or any other aspect of Virginia workers’ compensation law, please do not hesitate to contact Lynn Fitzpatrick (lfitzpatrick@fandpnet.com or 571.612.5933 for additional information.

3/7/2016: Angela Kozlowski Sits on Panel at NRRDA Conference

/in /by 3/7/2016: Angela Kozlowski Sits on Panel at NRRDA Conference

F&P Principal, Angela G. Kozlowski, spoke on a panel at the National Restaurant and Retail Defense Association (NRRDA)’s Annual Conference last Thursday, March 3.  The conference, NRRDA-RITAVILLE, EDUCATION IN THE SUN, took place in Fort Lauderdale, FL at the Hyatt Regency Pier Sixty-Six from March 2 to March 4.  Angela’s session, “Stacking the Deck for Your Defense Counsel,” included lively and interactive discussions on winning strategies led by defense counsel, claim administrators and employers from all over the country.

The NRRDA Annual Conference is an inclusive, collaborative event that is quite different than other conferences, providing the chance to learn and share information in one place. This year’s three-day event was full of educational opportunities on a variety of subjects that range from employment law, casualty strategies, technology, crisis management, risk, workers’ compensation, ethics, mediation, experts and deposition preparation.

NRRDA is an independent, non–profit, networking association of legal and claims professionals in the retail and restaurant industries. Membership in NRRDA places one at the forefront of the development of strategies to reduce the number and severity of claims, manage common risks, and enhance our defense position in litigated matters.

2/23/2016: Colin Bell to Sit on Upcoming TLA Webinar Panel

/in /by 2/23/2016: Colin Bell to Sit on Upcoming TLA Webinar Panel

F&P principal Colin Bell will be a panelist during the Transportation Lawyers Association (TLA)’s webinar taking place next Tuesday, March, 1st.  Part of an ongoing Webinar Series, this session will be titled  Stop Thief: Cargo Liability Ramifications for Stolen Loads, Chameleon Characters and Impostors of All Kinds.  

This panel will discuss the panoply of issues that arise from cargo theft, including employee theft, impostors and chameleon carriers. The panel will analyze how these issues impact shippers, carriers and freight intermediaries and provide practical pointers on how to deal with these cases for clients.

The Transportation Lawyers Association is an independent, international bar association whose members assist providers and/or commercial users of logistics and transportation services. TLA is dedicated to keeping its members ahead of the constant changes in all aspects of the specialized legal environment affecting the transportation community, regardless of the particular legal discipline involved.

2/17/2016: Bert Randall Shares Insights in Recent Business Insurance Articles

/in /by 2/17/2016: Bert Randall Shares Insights in Recent Business Insurance Articles

Well-known in the legal industry for his knowledge of National Workers’ Compensation and Employment Law issues and trends, F&P President, Bert Randall is frequently asked to contribute to a variety of publications.  Most recently, he shared insights in two Business Insurance articles.

The article titled “As marijuana laws evolve, New Mexico rethinks paying comp claims” discusses a bill that would not require employers to pay for medical marijuana in workers’ compensation claims.   This would be a similar direction the recent federal court cases have gone, that allowed employers to fire workers for marijuana use.  Though the courts seem to be adopting a rather unified outlook on this topic, Bert Randall points out that “the public policy or the public perception continues to evolve in favor of medical marijuana,” thus employers should not get over confident that court opinions will not shift.
Read the full article http://bit.ly/1TmFXaR

“Opt-out bills put on hold in two states” reviews bills that have been introduced in South Carolina and Tennessee that would enable employers to opt-out of state workers’ comp systems and provide alternative options for injured employees.  Opt-out legislation was predicted to be a hot topic this year in workers’ compensation, but there has been very little movement thus far. Randall chimes in “if (opt-out legislation) isn’t dead, it’s perhaps slowly dying on the vine.”
Read full article http://bit.ly/1PPtrMK

In addition to Workers’ Compensation and Labor & Employment, Bert Randall concentrates his practice in complex matters involving tort liability and business litigation.  He regularly represents companies in state and federal courts, and before state and federal administrative agencies.  Bert works with a variety of industries, including acting as General Counsel to the Maryland Motor Truck Association (MMTA) and Restaurant Association of Maryland (RAM).  He has both been featured as an author and been quoted in a host of legal and industry publications along with serving as a speaker, both regionally and nationally, for numerous organizations.

 

1/27/2016: F&P IT Director Paul J. Sawchuk to be Honored at SmartCEO Executive Management Awards

/in /by 1/27/2016: F&P IT Director Paul J. Sawchuk to be Honored at SmartCEO Executive Management Awards

Franklin & Prokopik (F&P) is proud to announce that Paul (P.J.) Sawchuk has won a Smart CEO Executive Management Award (EMA).  P.J. will be honored on March 24th at the Westin BWI in Lithicum, MD.

P.J. joined Franklin & Prokopik (F&P) in 2006 as the sole IT employee in an organization of 70.  During his time at F&P, the firm has grown to over 150 people and has become exponentially more dependent on electronic data.  Through P.J.’s leadership and guidance, he has helped F&P stay abreast of increasingly sophisticated technologies, new and complex risks, and identifying new opportunities to aid the business.   In his role as IT Director, he develops and implements strategic initiatives to align technology with business process.  These responsibilities also include direct oversight of end user support operations, facilities and systems management, and the Firm’s training program.

“Our firm has placed great trust into P.J.  because he is a homegrown talent with personal interest in our success.  He has a track record of applying his knowledge, resourcefulness, and understanding of information technology to address complex business problems,” says F&P President Bert Randall, Jr.

P.J. possesses a Bachelor of Science in Information Systems Management from the University of Maryland, Baltimore County.  He is an active member of the International Legal Technology Association (ILTA) and he sits on various fundraising committees for Mercy Hospital in Baltimore, Maryland.

About the Executive Management Awards

The Executive Management Awards program recognizes the leadership and accomplishments of the region’s management all-stars — CFOs, CIOs/CTOs, Chief Legal Offices/General Counsels, Chief Human Resources Officers, and other C-suite executives. These individuals uphold the highest ethics, lead collaboratively and creatively, and enhance and support the organization’s mission. An independent committee of local business leaders reviews the EMA nominations, and winners are chosen based on the quality of the nominations submitted. EMA winners are profiled in the March/April issue of SmartCEO magazine and celebrated at an awards reception in March.

About Franklin & Prokopik

Franklin & Prokopik (F&P) is a vibrant regional law firm comprised of over 60 experienced attorneys serving clients across the Mid-Atlantic.   F&P strives to find the best ways to meet the distinctive needs of clients by combining the highest quality personal service with competitive fee structures.  F&P represents corporate and business entities of all sizes, from small “mom and pops” to Fortune 500 companies across a wide range of industries.  Headquartered in downtown Baltimore, F&P has seven offices serving Maryland, Washington D.C., Virginia, West Virginia, Delaware and Florida.

1/25/2016: Tamara Goorevitz Presents on Cargo Claims at TLA Boot Camp

/in /by 1/25/2016: Tamara Goorevitz Presents on Cargo Claims at TLA Boot Camp

F&P principal, Tamara Goorevitz, gave a presentation on Cargo Claims at the Transportation Lawyers Association’s (TLA) Broker Claims Boot Camp on January 21st.  The Boot Camp took place the afternoon before  TLA’s 27th Annual Regional Seminar in Chicago, IL at the Fairmont Chicago, Millennium Park.  The seminar was a huge success with a record breaking 250+ attendees.

The Boot Camp program was designed to be an overview of the law and current trend of claims against brokers and the presentation was geared toward attorneys of all levels of interest.  It consisted of discussions regarding the prosecution and defense of such claims, including the areas of personal injury, cargo, contract and bond claims.

The Transportation Lawyers Association is an independent, international bar association whose members assist providers and/or commercial users of logistics and transportation services.  In addition to hosting annual CLE symposiums of the highest quality in major cities and regional workshops in several sites across the U.S., TLA combines collegiality with professional education at Annual Conferences held in resort locations throughout the country.

1/18/2016: F&P’s Baltimore Office Adds 2 New Associate Attorneys

/in /by 1/18/2016: F&P’s Baltimore Office Adds 2 New Associate Attorneys

Two new associate attorneys have joined the F&P team this winter. Patrick Wachter, who focuses his practice in liability defense, and Ben Brooks, who focuses his practice in Workers’ Compensation.  Both associates are located in the Baltimore office.

Prior to joining Franklin & Prokopik, Ben Brooks worked as a judicial law clerk for the District Court of Maryland in Frederick and Washington Counties.  While attending the University of Baltimore School of Law, Ben served as a Rule 16 Student Attorney for the Saul Ewing Civil Advocacy Clinic.  Also during law school, Ben gained experience in civil litigation working as a law clerk for Thomas, Thomas & Hafer and Walker, Murphy & Nelson.  Ben is a member of the Maryland State Bar Association.  In his free time, Ben enjoys kayaking, fishing, and recreational sports.

During law school, Patrick Wachter served as an officer of the Entertainments, Arts and Sports Law Society for 2 years and also competed on the International Environmental Law Moot Court team whose competition was held in Denver, Colorado. While living in Las Vegas for a summer during law school, Patrick clerked for Steven Pacitti, Esq., LL.M. where he gained experience working for professional athletes in both football and mixed martial arts.  During high school and college, Patrick grew up working for his family business Von Paris Moving & Storage. Through the many years of working there, he learned to importance of dedication, hard work, and integrity. Because of there, he also brings some unique knowledge from the day to day operational side of the trucking and transportation industry.

1/7/2016: Andrew Stephenson to Participate in SLG Workshop at DRI Seminar

/in /by 1/7/2016: Andrew Stephenson to Participate in SLG Workshop at DRI Seminar

F&P Senior Partner, Andrew Stephenson, will be speaking at DRI’s Products Liability Seminar next month.  His topic, The Internet of Things: Effective Techniques to Identify, Collect, and Present Electronic Evidence is a part of the TRIAL TECHNIQUES & TECHNOLOGY SLG Workshop.  The seminar is taking place from February 3-5, 2016 in New Orleans and Andrew will be presenting on February 4.

DRI’s Product Liability Conference is the premier product liability education and networking conference of the year!  Attendees will hear from in-house counsel and marquee trial and appellate lawyers, and have the opportunity to attend multiple networking events designed to introduce participants to new clients and colleagues and cement existing relationships. Returning to New Orleans, the conference will provide education, networking, camaraderie, culture, and food in one of America’s most unique cities.  Visit https://www.dri.org/Event/20160200 for more information.

DRI is the leading organization of defense attorneys and in-house counsel. Membership in DRI provides access to resources and tools for attorneys who strive to provide high-quality, balanced and excellent service to their clients and corporations. DRI is host to 30 substantive committees whose focus is to develop ongoing and critical dialogue about areas of practice. DRI provides access to resources and tools to grow members’ practices – members can search a database of more than 65,000 experts, attend renowned CLE seminars, conferences and webcasts, network with 22,000+ like-minded defense practitioners and more.