Fall 2003
An Update from Casey Gerry Reed and Schenk LLP

Casey Gerry Reed & Schenk senior partner takes the
helm at ATLA

David Casey

Sworn in as president of the Association of Trial Lawyers of America (ATLA) at the organization's annual convention in July, Casey Gerry's David Casey Jr. now officially heads up the world's largest trial bar.

According to Thomas Henderson, executive director of ATLA, Casey heads this 60,000 member Washington D.C.-based organization for a one year term which started Aug. 1.

A trial lawyer for more than 25 years, Casey has gained national recognition for his role in organizing a moratorium on civil lawsuits related to the events of Sept. 11. He has also been a major player in the fight against the tobacco industry, representing the then-Lt. Gov. Gray Davis in ground-breaking tobacco litigation.

"My goal is to educate public policymakers about the importance of a strong civil justice system..."

Casey, who has been a member of the ATLA board since 1984, says that this is a critical juncture in ATLA's history. "The organization faces many challenges in the coming year, including pending legislation which places limits on the rights of personal injury victims and their families."

Casey will focus on ATLA's key mission: to safeguard victim's rights and help disclose information critical to the health and safety of the American public. "My goal is to educate public policymakers about the importance of a strong civil justice system and the need to stand up to special interest groups who seek protection from the harm they cause," Casey said.

David Casey assumes leadership of ATLA

David S. Casey Sr., 89

David Casey Sr.

Casey Gerry Reed & Schenk's founding partner David S. Casey Sr., 89, the first plaintiffs attorney ever elected president of the State Bar of California, recently passed away.

According to his son, senior partner David Casey Jr., Casey Sr. was a tenacious litigator with a generous spirit and a resolute demeanor. "My father cared deeply about his cases and clients," he said. "I have people tell me 30 years after he represented them just how special he made them feel."

Casey Sr. graduated from St. Louis University School of Law in 1937. He then entered the Navy Air Force until the conclusion of World War II. After moving west in 1947, he hung his shingle on what is now Casey Gerry Reed & Schenk.

Over the years, Casey Sr. took on hundreds of cases, specializing in civil litigation and personal injury. He was one of the most experienced trial lawyers in the history of California, handling over 700 jury trials.

Throughout an enduring career, Casey Sr. was the recipient of dozens of professional accolades, including the Lawyer's Hall of Fame from the Consumer Attorneys of San Diego (CASD), an Award of Honor from the San Diego County Bar Association, and the San Diego Press Club Headliner Award for Law and Justice. The Consumer Attorneys of San Diego also permanently renamed its annual "Trial Lawyer of the Year Award," the "David S. Casey Sr. Trial Lawyer Award."

An avid golfer, he enjoyed traveling visiting family with his wife, Margaret and interacted with the attorneys in the firm until he was well into his 80s.

Firm names new associates

Wendy Davisson and Wendy Behan

To accommodate its growing pharmaceutical and products liability practices, Casey Gerry has named Wendy Behan and Wendy Davisson as new associates.

According to firm partner Robert Francavilla, Behan works out of the firm's Carmel Valley office, while Davisson is based at the firm's Banker's Hill office. "We are very pleased to have these two very talented professionals are our team," said Francavilla, who noted that Behan concentrates her practice on the firm's growing pharmaceutical practice, which involves such products as Metabolife, Fen Phen, Rezulin, Propulsid, PPA and Baycol, while Davisson focuses on product liability and personal injury cases.

Previously with the Atlanta-based superfirm Herman, Mathis, Casey, Kitchens & Gerel, Behan earned her J.D. from California Western School of Law.

A native Californian, Davisson received her J.D. from the University of Miami, School of Law in Coral Gables, Florida. She has served as member of the Inter-American Law Review and interned at the Federal Public Defender's Office.

Behan can be reached by email at wbehan@cglaw.com, and Davisson can be at wdavisson@cgflaw.com.

Exercise caution with all medications and supplements

MORE THAN HALF A CENTURY Every year, 300,000 adverse reactions to prescription drugs are reported to the U.S. Food and Drug Administration's (FDA) MedWatch hotline.

Adverse reactions to prescription medications are not the only danger for consumers, who need to be vigilant with over-the-counter products as well. The following advice from Consumer Reports can help prevent untoward incidents:

  • Read the label carefully, follow the dosage recommendations and report adverse reactions — such as rashes, bruising and bleeding — to your physician.
  • Cold remedies containing multiple ingredients are not recommended, because the dosage level of each particular ingredient cannot be controlled. "Separate" the symptoms and use single-ingredient products directed at each one.
  • Medications remain potent for about a year. Note the date the package was opened, and throw out all remaining pills after one year.
  • Consumers should be wary of vague and unproven health claims, as manufacturers of dietary supplements such as St. John's Wort, ginseng and ginkgo biloba do not need FDA approval.

For more health and safety information and tips, please visit ATLA's "Keep Our Families Safe" Web site at www.atla.org/private/kofs/index.aspx.

If you or someone you know has had an adverse reaction to a medication, the attorneys at CGRS may be able to help. Please call us at (619) 238-1811.

Casey receives further kudos with USD Career Achievement Award

David Casey Jr. was recentlyn honored with the prestigious Author E. Hughes Career Achievement award at a student scholarship fundraiser held at the University of San Diego (USD). According to Jack Kelly, USD's director of alumni relations, the award — named after former USD school president Author E. Hughes — pays tribute to five USD alumni who have attained outstanding success in their respective fields. Awards are presented annually based on nominations and selections by faculty and alumni in the College of Arts and Sciences and the Schools of Business Administration, Education, Law and Nursing.

Recognitions and Accomplishments

Firm attorneys continue to rack up honors and accolades, among them:
  • "The California Automobile Collision Handbook," co-authored by Frederick Schenk and published by Lexis Nexis is now in its fourth year of publication.
  • Frederick Schenk was also named secretary of the Civil Justice Foundation, a Washington D.C.-based non-profit organization dedicated to preventing consumer injury and securing consumer access to justice.
  • Robert Francavilla was named Vice President of the Consumer Attorneys of San Diego (CASD).
  • Also involved in the CASD executive board, Gayle Blatt was named the organization's new Treasurer.
  • Jeremy Robinson and David S. Casey, Jr. co-authored Chapter Seven - Removal to Federal Court - in the new ATLA publication, "Litigating Tort Cases."

Casey Gerry gathers in
San Francisco for ATLA convention

ATLA Convention Thousands convened for the annual summer convention of the Association of Trial Lawyers of America (ATLA), held July 18-23, 2003 in San Francisco, CA. An event highlight: firm senior partner David S. Casey Jr. was officially sworn in as president of ATLA, whose attorney members represent consumers across the United States, Canada and abroad.
ATLA Convention
Clockwise from above (from left to right): Pictured at a party held in David Casey Jr.'s honor at the San Francisco Museum of Modern Art are Casey Gerry Reed & Schenk firm members and their spouses, from left to right: Bob and Deanna Hastings, Robert Francavilla, GayleBlatt, Carla Francavilla, Liz Mackres, Mary Jo Cunningham, Loreta Willkomm, Jeremy Robinson, and Wendy Behan ATLA President David S. Casey, Jr. with ATLA Executive Board: Kathleen Flynn Peterson, Treasurer; Lewis S. Mike Eidson, Secretary; Ken Suggs, Vice-President; Todd Smith, President Elect; Mary Alexander, Immediate Past President Mike Ferrara and daughter, David S. Casey, Jr., Michael Thorsnes, and Frederick Schenk Tom Penfield, Maury Herman and Frederick Schenk Mitchel Olson, MD, Robert Francavilla, and Frederick Schenk Todd Smith, Bob Habush, and David S. Casey, Jr. Author Frederick Schenk with his LexisNexis publishing team.
ATLA Convention
ATLA Convention

A consumer tip from Tom Luneau

Thomas Luneau According to Casey Gerry Reed & Schenk attorney Tom Luneau, many automobile drivers are lacking a key coverage in their insurance policies.

"All consumers should double check their auto policies to make sure they have enough uninsured motorist coverage," he says. Unbeknownst to many, "this type of coverage is an essential part of your policy. Make sure your uninsured limits are equal to your limit for bodily injury liability. It protects you, your family and your passengers, and is not expensive." The bottom line? "It may be the most important proviso in your policy."

CPSC warns of household dangers

Gayle Blatt

Casey Gerry partner Gayle Blatt is a veteran of hundreds of lawsuits involving faulty products, so she knows firsthand the inherent risks of old or faulty products.

"There are dozens of seemingly innocuous items which can be potentially deadly," she said. "Consumers should carefully inspect their homes for hidden dangers."

To help in that process, the U.S. Consumer Product Safety Commission (CPSC), has recently released an important list of the most hazardous items people are most likely to find at home. "Almost all do not meet current safety standards, and were recalled at one time or another," Blatt said.

Among the most common hazardous household products and the hazards they pose:

  • Old Power Tools (pre-1980) - These may cause electrocution.
  • Old extension cords, power strips, and surge protectors - These may have undersized wires, loose connections, faulty components or improper grounding.
  • Window Blind Cords With Loops - If window blinds were purchased before 1995, they may pose a serious strangulation hazard for children.
  • Halogen Torchiere Floor Lamps - When these lamps are placed too close to drapes and other combustibles, there is a serious fire risk.
  • Old Cribs - Baby cribs with more than 2-3/8 inches between crib slats or those that have corner posts or cut-outs on the headboard or footboard present suffocation and strangulation hazards.
  • Hairdryers Without Immersion Protection Devices - If your hairdryer was made before the early 1990s, destroy it and treat yourself to a new one that will have a built-in shock protection device.

For more information on recalled products, visit the CPSC website at www.cpsc.gov.

PROVIDING OUTSTANDING LEGAL REPRESENTATION FOR MORE THAN A HALF A CENTURY