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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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