When lawyers investigate cases, one of the most important stages is the discovery phase. This phase allows the parties in a case to learn about witnesses and evidence that may be used during trial. Discovery tools will enable each side to ask the opposing party or parties questions about the case. Sometimes they include requests for documents.

Beasley Allen’s lead asbestos lawyer, Charlie Stern, says that discovery in asbestos cases can be frustrating. He often finds that defendants object to certain questions or do not give complete answers, which slows the case-building process. Also, defendants often refuse to produce requested documents. 

Advice to Asbestos Lawyers

Charlie advises lawyers to review discovery responses soon after receiving them. The responses may refer to stored documents that will be produced only if requested. If lawyers fail to read responses, they may miss significant evidence that could be vital to a case.  

Further, Charlie encourages lawyers to be aggressive in fighting defendants’ objections because the objections may be invalid. If improper objections are spotted, good lawyers will write “dirty letters,” also called “deficiency letters,” pointing to basic discovery rules to show why the evidence should be produced. The letters will become even more critical if lawyers must file a Motion to Compel later. 

Discovery Examples in Two Recent Asbestos Cases

Charlie wrote letters in two recent mesothelioma cases to request information a second time. In the first case, he asked for information about the defendant’s experts. He wanted to know how much the defendant paid the experts, how often the defendant hired the experts, and some other essential information. Charlie’s letter in the second case requested information about a defendant’s argument that it did not hold liabilities disputed in a case.

Charlie says he knew that the defendant in the first case did not want to provide information about its experts. After several letters and meetings, the defendant finally admitted this, forcing Charlie to file a Motion to Compel. Because most courts do not like discovery disputes, Charlie filed evidence of all his prior attempts to get the information from the defendant. He wanted to show the court that he had tried to get the information without its help. He explained that he needed the information for his case theme, which was discoverable under the court’s rules.

In the second case, Charlie had a different strategy. He believed the defendant had no basis to say it did not hold liabilities. 

“In that situation, having them admit that they did not have facts, documents or testimony for this belief was as important as them producing any of that information,” Charlie said. “By forcing their hand to admit that they did not have any of that material, it made it clear that their belief/argument was speculative and based on nothing.” 

Charlie did not have to file a Motion to Compel in the second case. 

In both cases, Charlie knew the theme he wanted to use at trial and made his discovery requests based on that theme. When the defendants refused to respond, he boldly went after the information he wanted. 

“It is critical that prosecuting attorneys utilize the law as a sword, when necessary, and force the defendants to provide us with the information we are entitled to,” Charlie said.

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Our client’s lawsuit seeks to hold a trucking company, its driver, and the truck and its components’ makers accountable for husband’s wrongful death in a trucking accident.

The cause of a truck accident is often far more complicated than it seems. Often multiple parties may play a role in the accident. Mike Andrews, a lawyer in our Personal Injury & Products Liability Section, and co-counsel Jeffrey L. Edwards, PA, in Oklahoma, found that to be the case in a tragic truck accident in Muskogee County, Oklahoma. 

Mike represents Gabrielle Celeste Reaves, the widow of Steven Hunter Reaves. Mr. Reaves was traveling northbound on Oklahoma State Highway 351 on April 16, 2021, in a 2004 Dodge 1500 pickup. Meanwhile, Roy Earl Jackson, an employee with Conway Courier Service, was driving a Peterbilt tractor-trailer southbound on the same highway. Mr. Jackson’s tractor suddenly veered left. It struck the cable barrier, crossed the median, and collided with Mr. Reaves’ pickup in the northbound lanes. Mr. Reaves died instantly. 

Mrs. Reaves filed a lawsuit holding Mr. Jackson responsible for failing to operate his tractor-trailer safely. She also sued Conway Courier Services for failing to properly train Mr. Jackson to use its commercial vehicle.  

A year after the fatal accident, the tractor-trailer that crashed into Mr. Reaves’ pickup was recalled. PACCAR, the maker of the tractor-trailer, recalled 18,000 Kenworth and Peterbilt trucks due to a design defect in the vehicles’ components. The issue “can result in a loss of steering, increasing the risk of a crash or injury,” the recall notice said. PACCAR became aware of the defect as early as August 2020, but failed to issue a recall in a timely manner. If they had, Mr. Reaves would likely be alive today. As a result, Mrs. Reaves’s lawsuit also names PACCAR, and the makers of the tractor-trailer’s components, Dana Incorporated and Nucor Incorporated. 

“Mr. Reaves’s wrongful death is a tragic example of what can happen when truck drivers, trucking companies, and manufacturers of tractor-trailers and their components fail to prioritize the safety of others,” Mike says. “Nothing can bring Mr. Reaves back to his family. But, we will work tirelessly to ensure Mrs. Reaves gets justice and the compensation she deserves.”

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We take our responsibility to represent veterans and their families very seriously. We are honored to work with the law firm Bergmann & Moore, which has led to the endorsement and support of the Veterans of Foreign Wars (VFW) and the Vietnam Veterans of America (VVA), two major service groups, as we continue assessing and filing Camp Lejeune-related claims. The VFW is the largest and oldest war veterans’ organization in the country, with over 1.5 million members, while the VVA is dedicated to Vietnam-era veterans and their families and has over 89,000 members. We’re proud to represent our service men and women and receive these endorsements.

Exciting progress is happening in this critical litigation. More and more people are filing administrative claims with the Navy, with estimates surpassing 60,000 as of June 1. However, the Navy is struggling to keep up with the volume of claims, so many are being pushed into the court system. This means law firms nationwide are preparing to file thousands of lawsuits in the Eastern District of North Carolina (EDNC). While this process is more complicated and expensive than filing an administrative claim, we are confident that the EDNC is ready to handle the influx of cases. Over a thousand cases have already been filed, with more to come.

Handling Camp Lejeune claims can be a complex and challenging process. However, with the right legal help and guidance, it is possible to navigate this difficult situation. It is important to remember that our team of dedicated lawyers understands the intricacies of this litigation and is committed to helping those impacted. By seeking legal assistance and working with an experienced team, you can take steps toward finding a resolution. Beasley Allen offers valuable resources, such as webinars, to educate and support lawyers looking to learn more about these cases. Contact us today to start the conversation.

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Employers must ensure that their workers are safe from workplace hazards. This is especially true when they work around heavy industrial equipment. But the makers of these machines also must ensure the safety of those who work in or around the equipment. All parties that fail to protect workers should be held responsible when a tragic on-the-job accident occurs.

Kendall Dunson and Ben Keen, lawyers in our Atlanta office, are handling such a case. Our client worked at a Chicken of the Sea plant in Chatham County, Georgia. She was performing a process known as recovery when she was injured. During recovery, the worker shuts off the machine and gathers excess tuna from around and under the parts of the equipment to be reused or discarded. While our client was retrieving leftover tuna, the machine activated. Our client’s dominant hand became trapped in the machine for over 30 minutes. 

Our client’s injuries were so severe that doctors had to amputate several of her fingers. She suffered nerve damage resulting in constant pain that restricts her ability to use her dominant hand. Since her injury, our client hasn’t been able to work or care for her family as she did before the accident.

Our referring attorney handled the workers’ compensation claim and referred the case to us to investigate whether product liability played a role. We examined the machine and determined, based on our analysis, that the machine lacked adequate guarding. During discovery, we obtained a document detailing the company’s own review of the machine and the hazards posed to operators. The report identified the same danger that injured our client and called for the area to be guarded to prevent injury.

The machines the company sold or leased in Europe had the guarding. But the ones sold in the U.S. did not. Had the guards been in place when the accident happened, our client wouldn’t have suffered a catastrophic injury. 

“When a manufacturer’s negligence harms a worker, a third-party products liability claim should be investigated,” Kendall says. “In our client’s case, the machine manufacturer recognized the hazard and proposed a solution that would have prevented our client’s injury. Instead, the company chose to put profits ahead of workers’ safety.”

There are practical strategies a lawyer must consider when preparing to pursue such a case. Our Personal Injury & Products Liability Section has several lawyers specializing in on-the-job injury claims. We are focused on identifying all liable parties and seeking maximum compensation for our clients. 

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Our Talc Litigation Team is monitoring Johnson & Johnson’s second bankruptcy attempt. In April, the Third Circuit determined its first attempt failed the financial distress requirement. 

Mere months after the U.S. Court of Appeals for the Third Circuit determined that Johnson & Johnson (J&J) subsidiary LTL Management’s attempt to shield its parent company from potentially billions of dollars in talc litigation liability failed the financial distress requirement, a U.S. bankruptcy judge in New Jersey is considering whether to allow a second bankruptcy by LTL. The litigation involves tens of thousands of claims that Johnson’s Baby Powder and other talc-containing products were contaminated with asbestos and other impurities that contributed to ovarian cancer diagnoses. 

Following the dismissal of the first bankruptcy attempt in April, J&J said it was willing to pay $8.9 billion to settle tens of thousands of claims—up from the $2 billion price tag the consumer healthcare giant had offered in 2021 to settle the suits. The settlement hinges on a second bankruptcy attempt by LTL Management. J&J said its latest proposal has the blessing of about 60,000 talc claimants. 

Our attorneys, who represent many of those clients, were quick to issue a release exposing the sham of the settlement for what it is—a second attempt at bankruptcy and an effort to shortchange cancer victims. A conservative estimate of the treatment costs and lost wages of just one ovarian cancer victim in this litigation averages nearly a half million dollars, even without complications. The medical costs of mesothelioma victims are even higher. J&J’s proposed $8.9 billion offer would translate to less than $120,000 per claimant. 

In a May filing, U.S. Trustee Andrew R. Vara, who is overseeing the J&J/LTL bankruptcy scheme, filed a motion to dismiss it as the fraudulent Chapter 11 reorganizing case that it is. He said J&J and LTL’s plan shows their “mistaken belief that the best cure for bad faith is more bad faith.” Vara added that “LTL is nothing more than J&J’s captive … [LTL] exists solely to get J&J out of a jam as cheaply as possible.”

The U.S. bankruptcy judge is expected to decide soon whether LTL’s second bankruptcy attempt should proceed. Beasley Allen is monitoring this situation closely. We remain firmly against J&J’s attempt to cheat cancer victims and won’t give up on our fight for justice on our clients’ behalf. 

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Parker Miller, a principal in Beasley Allen’s Atlanta office, is one of three finalists for the Daily Report’s Southeastern Legal Awards 2023 Attorney of the Year. The award recognizes a Southeastern lawyer who had the biggest impact on the law, the Southeast legal community, or did the most to advance the cause of justice in 2022. Beasley Allen is honored to have been on this list two years in a row.

When I see the combination of the diversity of the cases and the demands that all of them required that are different, and then the results, it tells me that I’ve climbed a ladder

Parker Miller – Daily Report.

Parker grew up on a cattle farm in Marengo County, Alabama, and is no stranger to hard work.

His parents instilled in him a “tough, blue-collar mentality.” Today, as a principal in Beasley Allen’s Atlanta Office, Miller’s dedication to excellence has led him to become a finalist for the 2023 “Attorney of the Year” award at the Southeastern Legal Awards. 

I really feel like this past year has been a watershed moment in my career. There’s been a lot of work behind the scenes when nobody’s looking, late at night, early in the morning, on my own … that people don’t see. All this work that I’ve done has been recognized by somebody. That’s humbling. 

Parker Miller – Daily Report.

He has helped clients of all kinds – individuals, families, businesses, and state governments – recover an impressive $3.5 billion in verdicts and settlements. 

His work on several high-stakes disputes in 2022, including a $26 million negligent security global settlement, has only further cemented his reputation as a skilled and effective advocate for his clients.

To be able to deliver that result was extremely meaningful because sometimes, unfortunately, no matter how hard you work… that reward doesn’t come. So when it does come, it’s humbling, to say the least.

Parker Miller – Daily Report.

Last year alone, Parker secured resolutions valued at an impressive $1 billion. He served as lead trial counsel in a landmark $160 million verdict for the families of concertgoers killed at a production in Atlanta, negotiated and secured a $17.25 million trucking settlement, and a $6 million global policy limits settlement following a workplace accident. 

Parker’s reputation as a top-notch litigator was already well-established in Georgia. He was the outside counsel co-lead to Attorney General Chris Carr in the state’s litigation against opioid manufacturers and distributors since 2018. Parker played a crucial role in this significant civil action that resulted in the recovery of $636 million to date. 

“I’m most proud of that I made it through. I didn’t-quit. I stayed true and consistent.”

From the outside looking in, his nomination for Attorney of the Year seems clear. However, when asked for the reason behind his nomination, he noticed a recurring theme in his most noteworthy cases.

I can see all those clients in my mind and what I really see is their trust. It doesn’t matter how big the case is. It just matters whether somebody placed enough trust in me to hire me as their lawyer and to trust what I said and then to be able to deliver.

Parker Miller – Daily Report.

Those who have worked with Parker throughout his career believe the nomination is well-deserved. 2022 Attorney of the Year finalist and Beasley Allen managing attorney Chris Glover said it’d been “such a pleasure to practice with a friend like Parker.” 

“He is a tremendous legal mind, but his success also comes because he always puts the clients’ needs first by tirelessly pursuing the maximum justice achievable on every case,” Chris said.

Fellow Beasley Allen attorneys Navan Ward and Alyssa Baskam agreed. Adding on the below:

Navan considers Parker “a great lawyer” but also wanted to note “his greatest asset is his character.” “He is trustworthy, committed, and determined. His work product speaks for itself and always exceeds expectations,” Navan said. “He has great communication skills and an uncanny ability to relate to just about anyone. This served him particularly well when brokering an opioid deal between the state of Georgia, the Georgia Legislature, and over 200 Georgia local governments.”

Alyssa commended Parker’s commitment to excellence.

Parker is the type of lawyer who leaves no stone unturned. He is never satisfied with ‘adequate.’ He is always learning, growing, and pushing for our clients. With him, it truly is all about our clients and doing everything he can to ensure the best possible outcome for them. His heart and work ethic shine through in everything he does, and we are so lucky to have him in the Beasley Allen Atlanta office.

Alyssa Baskam

He has a deep respect for Beasley Allen and sees it as a huge professional compliment to be able to contribute as much as possible.

They trusted in me at a time when no other law firm did, and they’ve always done that. They’ve always invested in me,” Parker said. “I think maybe the greatest professional compliment I could get would be to be trusted by my firm to help it as best I can.”

I’ve always been that personality that ‘anything can be taken from me at any time if I don’t stay aware and on guard. You’ve got to start thinking about the next step because no matter how good the time was before, it can all be taken away.

Parker Miller – Daily Report.

Parker continues to look ahead; whether he is named attorney of the year, his focus is to keep growing. 

He’s leading the charge on several high-profile cases, including a groundbreaking lawsuit against MindGeek for alleged child sex trafficking and racketeering and wrongful death suits against a Mississippi tire company and a Georgia mobile home park owner. 

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Mobile County, Ala., jury rules in favor of young girl permanently blinded in left eye by a defective Nissan airbag.

Montgomery, Ala. (June 15, 2023) – A Mobile County, Ala., jury awarded an $8.5 million verdict after Beasley Allen lawyers Evan Allen, Kendall Dunson, and Mike Andrews successfully argued that defendants Nissan North America, Inc. and Nissan Motor Co., Ltd, were responsible for Alise Henderson-Brundidge being permanently blinded in the left eye from the defective airbag the automaker used in the vehicle in which Henderson-Brundidge was riding at the time of a crash. Britt Bethea of Greene & Phillips, LLC in Mobile, Alabama, also represented Henderson-Brundidge. 

“Our client’s life completely changed when a product – the airbag – that was supposed to protect her permanently blinded her,” said Allen, based out of Beasley Allen’s Mobile, Ala., office. “Nissan knew the airbag used in the vehicle our client was riding in would not protect her but, in fact, increased the risk of death or injury – such that Ms. Henderson-Brundidge experienced. Her life will never be the same. She is forced to adapt to a new normal all because of the defendants’ negligence and disregard for her safety.”

In October 2018, Henderson-Brundidge was a passenger in a 1998 Infiniti QX4 on McVay Drive in Mobile County, Alabama. Suddenly, defendant Cassie Sowa’s 2015 Ford Fusion crossed into the lane of Henderson-Brundidge’s travel, colliding with the QZ4 at 10 mph. The QX4’s passenger’s side airbag deployed with excessive force, striking and permanently blinding Henderson-Brundidge’s left eye. 

The plaintiffs alleged that Nissan was negligent in designing, testing and manufacturing the QX4 and that the automaker knew or should have known that the defective airbag increased the safety risk to the vehicle’s occupants. The plaintiffs further alleged Nissan’s liability under the Alabama Extended Manufacturer’s Liability Doctrine because reasonable alternative airbag designs existed that would have prevented such an injury that Henderson-Brundidge experienced.

The case, Rodrigues v. Sowa, et al., was filed in the Circuit Court of Mobile County, Alabama, case number 02-CV-202-901869.00.

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Beasley Allen lawyers helped secure $235 million from Altria to end four years of JUUL litigation.

Montgomery, Ala. (May 16, 2023) – Beasley Allen is pleased to announce a $235 million global settlement with Altria Group Inc., a JUUL investor that helped fuel the nation’s youth vaping crisis. Beasley Allen attorneys Joseph VanZandt, Soo Seok Yang and Davis Vaughn helped represent the San Francisco Unified School District against the company.

“We were honored to work with JUUL MDL leadership to achieve such a tremendous result for our deserving clients. This settlement offers meaningful relief by directly addressing the public health epidemic caused by e-cigarettes. It also bypasses further trials and appeals, ending litigation brought to protect and assist children, adolescents, young adults, parents, schools and health departments,” said Beasley Allen lawyer Joseph VanZandt.

The historic settlement concludes the firm’s four years of tireless effort to hold e-cigarette manufacturers and related entities responsible for harming youth, resolving over 8,500 personal injury cases, over 1,400 government entity cases and a massive consumer class action case in the MDL and the JCCP. Last December, as a Plaintiffs’ Steering Committee member, VanZandt helped secure four separate global settlements against JUUL.

Beasley Allen was among the first firms in the country to file lawsuits against e-cigarette giant JUUL and associated defendants, alleging the company intentionally created a device designed to hook a new generation on nicotine. The lawsuits further alleged that JUUL targeted youth with its aggressive advertising campaigns, fraudulently marketing its devices and products and failing to warn of the products’ highly addictive nature.

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Beasley Allen lawyers in our Mobile office, recently handled a case involving a paper mill contract worker who suffered from severe burns after he was injured in a workplace explosion and fire. On the day of the accident, the company failed to warn the contractor that a hazardous gas leak had occurred. As the contractor cranked the engine of a forklift, a spark created during the combustion process triggered an explosion and subsequent fire.

The contractor’s injuries left him bedridden and unable to care for himself. Despite numerous medical procedures, he died from a heart attack six months after the accident.

Government Regulations

The paper mill failed to follow basic government regulations that could have prevented this tragic death. 

Workplace chemicals create employee safety risks, including flammability, irritation, carcinogenicity, and other hazards. To prevent workplace accidents associated with hazardous chemicals, the Occupational Safety and Health Administration (OSHA) has implemented regulations broken down by industry and best practices specific to each chemical.

OSHA regulations require employers to train workers on the dangers of workplace chemicals. Following the Hazard Communication Standard (HCS) ensures employees are educated on the types of chemicals used at the worksite and protective measures that should be taken when handling dangerous chemicals. HCS also requires companies to document worksite chemicals on a safety data sheet.

OSHA has also provided regulations for controlling chemical exposure. Employers follow steps in a hierarchy similar to the one used in machine design and guarding. These steps include:

• Remove or substitute hazardous chemicals for safer alternatives.
• Apply engineering controls like physical guarding, chemical isolation, and chemical dilution to reduce the exposure risk if elimination or substitution cannot be done.
• Use administrative and work practice controls like rotating job assignments to prevent overexposure.
• Require employees to wear personal protective equipment (PPE), usually chemical protective clothing like gloves, eye protection, and respirators.

If you or a loved one has been injured on the job by hazardous chemicals, Beasley Allen lawyers can help. Contact us today for a free, no-obligation case evaluation.

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