Chad Sizmore is now practicing with Roetzel & Andress, LPA, Cincinnati.

The law firm of Williams, Farmer & Lowe Law Group has relocated to 303 S. Main Street, London, Kentucky.

Have you received the June 2017 issue of For the Defense?  KDC members are EVERYWHERE!  

Take a look at the fantastic picture on page 9 that includes KDC Past President Pat Moloney, amongst others.   Pat now serves as the Director for DRI's Southern Region and has done a fabulous job.

Then turn to page 13 where there is an article written by KDC Past President, Casey Stansbury -- Governmental Liability Lagniappe.  Casey now serves as Chairman of DRI's Governmental Liability Committee.

Last, only because these are being presented in the order they appear, turn to page 40 where there is an article written by Tia Combs, who has been very involved with KDC's YLS.  Her article "The Perils of Arming School Staff" provides some great information for those practicing in the area of education law.

Thanks to all of you for making us Kentucky Proud!!

Congratulations to new KDC Directors, Kristen Worak and Adam Towe, who were nominated and approved to serve as Directors by the KDC Board.  Ms. Worak will serve as a Director for District 1, replacing Miller Grumley who served on the KDC Board for five years.  Mr. Towe will serve as a Director for District 5, replacing Clayton Oswald, soon to be a first-time father.  KDC looks forward to working with Kristen and Adam and will miss having Miller and Clayton at Board meetings and wish them the best.

Melanie S. Marrs is now working with Kinkead & Stilz, Lexington.

Stephanie Carr is now practicing with Wilson Elder Moskowitz Edelman & Dicker in their Louisville office.

Check out Page 14 of the May 2017 issue of DRI's For the Defense.  Great picture and great article regarding KDC 2017 Spring Seminar.

KDC member, Christine de Briffault is now practicing with The Benson Law Firm, Lexington.

KDC member, Neal Schall Krokosky, is now working with Caesars Enterprise Services, LLC, Las Vegas.

The best to both Christine and Neal in their new endeavors.

THE FOLLOWING IS A NEWS RELEASE ISSUED BY DRI ON MAY 16, 2017
News Release
For Immediate Release	For more information, contact: Tim Kolly 312-698-6220 tkolly@dri.org | @DRILawPubPolicy
DRI Opposes American Law Institute’s Restatement of the Law, Liability Insurance Called Creating, Rather Than Clarifying, the Law
CHICAGO ­– (May 16, 2017)—Stating “. . . we are gravely concerned that many provisions contained in ALI’s Restatement are at odds with the common law of insurance, and will impede the ability of our members to represent policyholders pursuant to the tripartite relationship . . .,”  DRI – The Voice of the Defense Bar is asking American Law Institute members to oppose ALI’s Restatement of the Law, Liability Insurance during ALI’s annual meeting in Washington, DC, May 22-24.   In a letter to ALI Director Richard Revesz, DRI stated “In preparing drafts of a proposed Restatement of the Law, ALI Reporters are tasked to identify the majority rule and should only diverge from it if recent trends in the case law have shown the majority rule to be ‘outmoded or undesirable.’”  Yet, in many instances, the Restatement would adopt rules that are entirely new, or have only been adopted in a handful of states. Reporters clearly diverge from the majority rule without demonstrating why or how the majority rule allegedly is “outmoded or undesirable.” There are numerous individual sections that are seriously flawed in their statements of the common law and basic principles of insurance jurisprudence.  For instance, the Restatement proposes a new set of rules governing the relationship between policyholders, their defense counsel and insurers.  Specifically, in Section 12, the Restatement sets out new rules concerning the liability of the insurer for defense counsel’s conduct in defending the policyholder.  Section 12 would provide that “An insurer exercising the right to defend a legal action is subject to liability for the negligence or other breach of professional obligation of defense counsel and related service providers if the insurer negligently selects or supervises defense counsel. This Section would create new direct liability on the part of the insurer to the insured for the acts of defense counsel, and would do so in the absence of appropriate support in the case law for applying direct liability in this setting.  In fact, the Restatement draft itself acknowledges that “[t]here is little case law on this topic.” Promoting a new cause of action against insurers for the “selection” or inadequate or negligent “supervision” of defense counsel raises many issues of great concern to DRI."  It would encourage greater intrusion into the professional services of defense counsel by insurers, impede the relationship between defense counsel and policyholders and tread on the ethical obligations of defense counsel to their clients. There are many other sections of the draft that also depart from the common law to propose new rules, which further exemplifies that this project is far from a typical “Restatement” of the Law. Said DRI Executive Director John R. Kouris, “The late-Justice Antonin Scalia criticized Restatements that did not report and explain the law, but instead stated what they wished it to be. This may be the very type of Restatement of which he spoke.”  In sum the Proposed Final Draft of this Restatement does not codify existing common law, but instead repeatedly stakes out new and controversial positions without adequate grounding in law or public policy.  A Restatement of the Law, Liability Insurance that is an advocate for dramatic changes in the law without common law basis would be an abrupt departure from the reliable, clear statement of existing law that lawyers and courts have come to expect as the scholarly work product in ALI’s Restatements.  ALI should not adopt this Restatement project as it stands.   ### About DRI – The Voice of the Defense Bar For more than fifty-five years, DRI has been the voice of the defense bar, advocating for 22,000 defense attorneys, commercial trial attorneys, and corporate counsel and defending the integrity of the civil judiciary. A thought leader, DRI provides world-class legal education, deep expertise for policy-makers, legal resources, and networking opportunities to facilitate career and law firm growth. For more information, log on to www.dri.org

Former American Bar Association President and Local Attorney Wm. T. (Bill) Robinson Dies

Leaves a legacy in the region and nationally

 

May 9, 2017 (Florence, KY) – Frost Brown Todd (FBT) Florence, Kentucky, office Member-in-Charge Wm. T. (Bill) Robinson III has died. Robinson was a respected leader in the legal profession and throughout the business and civic community. He leaves behind a legacy unmatched by most.

“Bill’s impact in the region and his extensive leadership in our profession have been most admirable. His optimism and determination were infectious and will be greatly missed by all. We have lost not only an exceptionally creative and dedicated lawyer, but also a genuine friend. Our thoughts and prayers go out to Joan, Bill’s wife of almost 48 years, and the rest of his family,” says George Yund, FBT Chief Executive Officer.

Robinson joined FBT as the member-in-charge of the firm’s Northern Kentucky office in 2007 and primarily focused on civil litigation. He had extensive experience in commercial litigation, product liability defense, environmental litigation and medical malpractice defense. His leadership in the legal community extended far beyond his law practice. For more than 45 years, Robinson was an active member of the American Bar Association (ABA) and served in numerous leadership positions, including as 135^th President (2011-12); Treasurer (2005-08); 10 years on the Board of Governors; more than 30 years in the ABA House of Delegates; and nine years as a Kentucky State Delegate. He also served as chair of several ABA Standing Committees. In August 2016, he was appointed chair of the ABA Standing Committee on the American Judicial System, created two years earlier to protect the fair and impartial judiciary within the American democracy. Robinson also served as chairman of the National Judicial College (NJC) Board of Trustees, the nation’s leading provider of education to judges across America and abroad. He served in numerous other professional organizations and associations nationally and internationally.

For several decades, Robinson was an avid advocate for regional economic development. Starting in the early 1980s, he served on the board and as chairman of the Northern Kentucky Chamber of Commerce. He was a founding member of both the Regional Economic Development Initiative (REDI Cincinnati) and Northern Kentucky’s TRI-County Economic Development Corporation. He was extensively involved in many other organizations, including the UC Economic Center, the Commonwealth of Kentucky Economic Development Partnership and the Cincinnati/Northern Kentucky International Airport Board. In March 2017, Robinson was recognized by REDI Cincinnati and presented the inaugural "Wm. T. (Bill) Robinson III Upward and Onward Award (2017)" for more than 30 years of regional leadership in economic development.

Frost Brown Todd’s Chairman John R. Crockett III says, “Bill was among the most committed and accomplished people in our profession. It has been an honor to be his partner, and a privilege to be his friend.” 

Robinson’s service to the community in which he lived and worked was boundless and included serving on the boards of educational institutions, arts foundations, regional faith-based and charitable organizations, among them the United Way of Greater Cincinnati, Boy Scouts of America, the Taft Museum of Art and the Cincinnati Symphony Orchestra. He served the Redwood School & Rehabilitation Center for more than 45 years, including as president and honorary chair of its campaign executive committee. His countless recognitions over the years included the Lifetime Achievement Award by the Northern Kentucky Bar Association, the Themis Award by the Cincinnati Bar Association, and distinguished service awards from the NJC, the America Jewish Committee, and the National Center for State Courts. He received honorary doctorate degrees and delivered commencement speeches at several universities across the country, including Catholic University of America, Xavier University, Northern Kentucky University Salmon P. Chase College of Law and his alma mater, Thomas More College. Robinson earned his J.D. at the University of Kentucky College of Law, and was inducted into its Alumni Hall of Fame in 2004.