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27 Litig. News 1 (2001-2002)

handle is hein.journals/lignws27 and id is 1 raw text is: SECHON OF ITIGATION American liar Aodation 750 North Lake Shore 1)rive Chicago, Illinois 60611-4197 INSIDE Above and Beyond the Section (hliftid will head ABA terrorism task force Page 3 W3o1kin h Peatts - $75 per diem for conscri pted attorneys Page 4 Pay to Play? - Sliall Judicial Campaigns F, schew Private ('oitributions'? Page 5 i! 's Sn all the ILawyers - cepal malpractice claims ale not) inlcreasingt Page 7 h roiow I)isovery - It's out of the bx Page 1O Decmand Salisfacton * Butl not in dcivalivc actions in Matyland Vage 1 Ethi(s - And its ftee! Palge 12 IftiilaEtOER 'I .$naiiSlms. I ' Dfending Liberty Nonprofit Organization U.S. Postage PAIl) Ameicjan B ar As.soci at ion We Will Not Only Endure; We Will Prevail A litigator's loss of the World Trade Center BY ,Ji.. lERTZ BI,)STAiN 1II (A tON N< AS isIA 1-i EI)I-OOR S eptemher I I, 2001, has becorne one of tile saddest and most htorrifying days in our national history. We lost thousaids o people, each one a father, motiher, sister, brother, son, daughter, or fr iend. lbgether, we watched landmarks crubnile into de- bris, saw tie lifeblood otour governmentt threateted, and low live with a plume of acrid smoke that only serves to highlight tile missing parts of our lives. Rather than echo what the lledia has already reported, I olfer below persontl anec- dotes about growittg up as a litigator ill tile World Trade Center. I retlect on the hrave acts of sotme of ty col- leages, and one litigation department's efforts to come together to Cope with tle loss of friends and hone. and move fotrward. I had the privilege of work- ig as a liti pator with 'hache, Proffitt & Wood from 1988 to 1997. 1i 1999, 1 reconnected with the fitrl as a marketing and communications consul- tant, antd worked with them ill this capacity until justt a few days before the tragedy. It is our story that I share with you. World Trade Center Was Our Ilome Ihacher Proffitt occupied tie 38, 40th floors of 2 World Trade (enter, the south tower. We all grew to love the World Trade Center. With its two obelisks, it was like a huge, over-scaled abstract sculpture. When tie son shone off of its silver, it was breath- taking. says Joel B. I larris. htead of 'hacher Proltfitt's I it iation lDeparttment, for- titer chair of the Section of I.itipation's International Litigation Comtiittee and Personal Rights Cotmnmittee. As internalional lawyers, working in( the World 'Trade ('enter allowed us to Create coitinmon hotids very quickly. Everyoiie in the world knew our building, aid it gave us imiediale visibility and credibility, says I larris. Our ouoflces were stntli ... with Italian marble floors and walls, bird's-eye maple con- ferertce tables and secretarial stations. And, everywhere you looked, you saw tagtniicet views o, the lldson River, the Statue of 1 1berty, dowti- towi, uptown, and the F, nipire State Bluilding. Virtually eveiy (Please fillt topage 9 9/11/01) Legisiation Would Ease Removal of State Law Class ActiMs Act would eliminate complete diversity requirement IXII (ONlv I. ('It A,MtlIS : I.riitAiiioN Ni. wS As',ou mxi Eoti¢rot L e'pislation pendintg before the United Slates (otgress would allow defeidaits to reilove to federal cout t iatiy state law class action lawsuits that currently fail to tieet di- vei sity jiuirisdiction requi renents.T ie (lass Aclion airness Act of 2001 would relax the existing requireiment of coitplete diversity be- tweei the parlties and -c solve a split atonog several circuits regarding tile diversity statute's a.tltI <ill-conttroversy requirement. Althought similar leg - islationt made it throulgh the previous session of the I loutse of Represen- att atteliptlby those who oppose consumttters, oppose intvestors, aid oppose plaiittiffs to take tile heart out of class actiotns. Scott Atlas, I loustotin, (hairI tlect of the Section of Ihiiatlion, counteris that the lep is- latioit is applropriate because it would ''allow It shouldb e called the Class Action Lack / Itairness A, because it is uothing more than an att'l) by those who oppose consutametsl, oppose investors, and oppose phiinftffs to take the heart out of class actions. tatives, the Act is not xvithott its critics. They left otut two words wilei they tianied the Act, says Michael I lyman, C'hicago, Co- Editor of 7;p.',vom the 7'rencles, the Section of I.itiglation's Web-based periodical. It should be called the Class Action Iack of Iairness Act, because it is nothint m ore than itatioial courts to set national standards ill cases with national iriplications. I lyinat atil Allas hoth served Oil it panel discussiqit the Act at the ABA's 2001 Aninual Meetimti in Chicago. Currently, it district cowlt t toay exeictse divertsity jurisdiction over a class actiot laxsoil only if all of ite plintttif clss nmbei s and all of the defen- dants are fromn diffeirent states, The Act's sup- 1)orters conitetl that plaintiffs' attorneys often thwart removal of class actions by incldiig anong the defeitdamits a ion-divese party who (Pease tlurt o page 2-Cass Actions)

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