7/29/2016: F&P Counsel Attorneys Co-Chair Fannie Angelos Program Gala

/in /by 7/29/2016: F&P Counsel Attorneys Co-Chair Fannie Angelos Program Gala

Franklin & Prokopik Counsel Attorneys Kiran Sharma Rosen and Imoh E. Akpan will serve as co-chairs for this year’s Fannie Angelos Program for Academic Excellence’s Annual Gala.  Now in its third year, the gala will feature a cocktail hour followed by dinner, drinks and dancing and will be held at the Belvedere Hotel on November 17.  It is anticipated that over 250 Maryland attorneys, judges, and other industry leaders will be attending this exciting celebration.

The Fannie Angelos Program is a collaboration between the UB School of Law, Maryland HBCUs and the Princeton Review. The program aims to help students score high on the LSAT, excel in law school and increase diversity in the legal profession.  It is comprised of two sub-programs: the Fanny Angelos Scholars, which elects eight juniors and seniors from Maryland historically black colleges and universities (HBCU) as Scholars, and the LSAT Award Program, which gives 80 students, including the 8 Scholars, a $1,399 LSAT award to take a 16-week Law School Admission Test (LSAT)Prep class.  To learn more about Fanny Angelos, visit http://law.ubalt.edu/admissions/diversity/baltimorescholars/index.cfm.

7/6/2016: Firm Adds New Attorneys to F&P Team in DE and VA

/in /by 7/6/2016: Firm Adds New Attorneys to F&P Team in DE and VA

F&P is pleased to welcome two new counsel attorneys this summer.  Kimberly A. Harrison will be located at our Wilmington, DE office and Lindsey A. Lewis will be working in Richmond, VA.

Since 2003, Kimberly Harrison has practiced exclusively in the area of workers’ compensation defense for a firm in Wilmington, Delaware.  Kimberly joined Franklin and Prokopik last June, bringing 13 years of experience in all facets of workers’ compensation matters, including oral arguments before the Delaware Supreme Court.  She also presents seminars to employers and insurance carriers regarding workers’ compensation claims handling and changes in Delaware workers’ compensation law.

Lindsey Lewis rejoined F&P last June.  She previously was associated with the firm’s Herndon, Virginia office before locating to Richmond, Virginia, where she was an Associate at one of the Top 200 largest law firms in the U.S.  Lindsey will be working out of Richmond, VA, helping F&P to enhance its service and capabilities in Central and Southeastern Virginia.  Lindsey has extensive experience in civil litigation in the areas of automobile/transportation liability, employment, premises liability, and professional liability, including defense of medical malpractice and nursing home claims.

6/7/2016: Bert Randall to Sit on Ethical Dilemmas Panel at Upcoming Conference

/in /by 6/7/2016: Bert Randall to Sit on Ethical Dilemmas Panel at Upcoming Conference

On June 14, 2016, F&P President Bert Randall will participate in a panel discussion titled “Ethical Dilemmas: Escaping your professional silo” at the Maryland Joint Task Force for Injured Workers’ Annual Conference.  The conference will take place at the Coppin State University’s Talon Center and is sponsored by Coppin State University’s College of Behavioral and Social Sciences and the International Association of Rehabilitation Professionals – Chesapeake.

The conference will aim to provide attendees with essential and practical information that is critical for Claims Adjusters, Nurse Case Managers, Vocational Counselors, Attorneys, Doctors, Therapists and other professionals working with injured workers.

The Joint Task Force on Rehabilitation for the Injured Worker was established in 1983 to provide an educational forum and promote better communication between professionals regarding rehabilitation services for the Maryland injured worker.  The purpose and goal of the Task Force is to identify the skills and knowledge that are needed to assist and equip professionals in providing successful services for Maryland injured workers. Conferences, workshops and written material (The Good Practice Manual and other educational materials) provide the forum to present this information.

5/10/2016: F&P’s Upcoming Liability Seminars

/in /by 5/10/2016: F&P’s Upcoming Liability Seminars

Franklin & Prokopik will be hosting two Liability Seminars, one designed for Virginia and the other for Maryland.

The Virginia Liability Seminar will take place next Wednesday, May 25th from 11:30am-4:00pm (cocktail reception to follow) at The Westin Washington Dulles Airport.  The seminar will cover various hot topics and updates in Virginia liability law, which are outlined in the agenda provided below.

11:30am-12:00pm: Registration and Complimentary Lunch
12:00-12:15pm: Welcome (Rebecca L. Dannenberg, Esq.)
12:15-1:00pm: Slips, Falls, and Paying for It All: Liability of Landowners and the Availability of Risk Transfers (Helen D. Neighbors, Esq.)
1:00-1:30pm: Venue: Trying Cases Around the Commonwealth: The Good, the Bad, and the Ugly
(Joshua M. Hoffman, Esq.)
1:30-2:00pm: Uber and Lyft: Claims Against Your Insured While they Drive for Uber and Lyft and Recovering Claims Against Uber and Lyft Drivers (Simran Rahi, Esq.)
2:00-2:15pm: Break
2:15-3:00pm: Claims Against a Company and its Employees: What to Do When Stories and Interests Diverge (Rebecca L. Dannenberg, Esq.)
3:00-4:00pm: Panel Discussion:  Virginia Legislative and Case Law Update 
(Moderator: J. Harrison Baker, Esq.)
4:00pm: Happy Hour and Cocktail Reception

Attendees can RSVP Online or contact Joan Hartman to register.

The Maryland Liability Seminar, themed “The Life of a Claim from Pre-Suit to Trial,” will take place on June 9th from 12:30-4:30 (cocktail reception to follow) at Turf Valley in Ellicott City.  Additional topic and speaker details can be found in the agenda provided below.

12:00-12:25 p.m.: Registration and Complimentary Lunch
12:25-12:30 p.m.: Opening Remarks
12:30-1:10 p.m.: Latest Developments in Liability for Negligent Hiring, Training, and Entrustment
Speakers: Steve Marshall, Esq., and Ryan Walburn, Esq.
1:10-1:50 p.m.: Best Practices Following an Incident/Injury
Speakers: Kiran S. Rosen, Esq., and Carrie O’Brien, Esq.
1:50-2:05 p.m.: Break
2:05-2:45 p.m.: Effective Strategies for Pre-Suit Resolution of Claims
Speakers: Ralph Arnsdorf, Esq., and Patrick Wachter, Esq.
2:45-3:25 p.m.: Indemnity, Contribution, and Third-Party Claims
Speakers: Ami Dwyer, Esq., and Brittany Janowski, Esq.
3:25-3:40 p.m.: Break
3:40-3:55 p.m.: Evaluating Traumatic Brain Injuries
Speaker: Jessica Ayd, Esq.
3:55-4:10 p.m.: Scope of Attorney-Client Privilege
Speaker: Emily Chiarizia, Esq.
4:10-4:30 p.m.: Developing Strategy for Trial
Speaker: Brad Fowler, Esq.
4:30 p.m.: Cocktail Reception
*Each session will conclude with a 10 minute Q&A session

Attendees can RSVP Online or contact Joan Hartman.

In addition to Liability, F&P also offers complimentary educational seminars in the areas of Business Law, Workers’ Compensation (MD, VA, and DC), and Labor & Employment.  Visit the events page on our website and join our mailing list to ensure and get the most recent information on all of our programs.

 

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.