3m-earplug-mdl-to-begin-bellwether-trials

The 3M Combat Arms Earplug Multidistrict Litigation (MDL) has surpassed the largest MDL ever, with over 200,000 actions since 2018.  Pending since 1991, IN RE: Asbestos Products Liability Litigation was the largest MDL, that is until October 2020 when IN RE: 3M Combat Arms Earplug Liability Litigation took over.

3M Combat Arms Earplug MDL is set to begin the first bellwether trial in April.  The case alleges defective earplugs have caused hearing loss and tinnitus to hundreds of thousands of product users.  The first bellwether trial will be apprised of three cases.

The goal of a bellwether trial, which is commonly used in an MDL, is to test a case that is representative of all cases in the litigation and can be used to shape the process for addressing the remaining cases.  These trials can help advance a large litigation toward resolution in a more timely manner. This can often lead parties to decide whether to settle their claims or continue to litigate.

The lawsuit against 3M alleges that these Combat Arms earplugs are defectively designed – too short to insert properly and prone to loosen, in turn exposing product users to hearing damage. 3M denies that the product is defectively designed or causes injuries to the product’s users.

These trials are the just a peek into what this MDL might hold as far as number of cases.  Once the bellwether trials are completed, we will learn more about how this litigation might grow. To stay up-to-date on the latest industry news, follow our blog below.

Learn more –  https://news.bloomberglaw.com/bloomberg-law-analysis/analysis-3m-combat-arms-mdl-passes-asbestos-as-largest-ever

PohlmanUSA is recognized nationwide as the leading provider of technology-driven court reporting, records retrieval, and litigation services.

Top-Lawyers-Congrats-with-high-five

Super Lawyers® annually evaluates lawyers nationwide by using 12 criteria indicators to compose a prestigious list of attorneys. The lawyers deemed the best of the best are named to the Top Super Lawyers List.  PohlmanUSA extends our congratulations to our distinguished clients nationwide who are being honored by Super Lawyers® and named a Top Super Lawyer in their state.

View the most recently named Super Lawyers in your area on the 2021 lists!

Arizona

California — Southern

Georgia

Illinois

Kentucky

Louisiana

Maryland

North Carolina

Ohio

Don’t see your area?  View the Top Super Lawyer 2020 lists below.  Stay tuned for each state’s 2021 list to be released later this year.

Alabama – 2021 List Coming Soon

Alaska – 2021 List Coming Soon

Arkansas – 2021 List Coming Soon

California – Northern – 2021 List Coming Soon – July 7, 2021

California – San Diego – 2021 List Coming Soon – March 31, 2021

Colorado – 2021 List Coming Soon – March 9, 2021

Connecticut – 2021 List Coming Soon

Delaware – 2021 List Coming Soon – May 26, 2021

Florida – 2021 List Coming Soon – June 24, 2021

Hawaii – 2021 List Coming Soon

Idaho – 2021 List Coming Soon – July 13, 2021

Indiana – 2021 List Coming Soon – February 25, 2021

Iowa – 2021 List Coming Soon

Kansas – 2021 List Coming Soon

Maine – 2021 List Coming Soon

Massachusetts – 2021 List Coming Soon

Michigan – 2021 List Coming Soon

Minnesota – 2021 List Coming Soon – July 20, 2021

Mississippi – 2021 List Coming Soon

Missouri – 2021 List Coming Soon

Montana – 2021 List Coming Soon – July 13, 2021

Nebraska – 2021 List Coming Soon

Nevada – 2021 List Coming Soon – July 13, 2021

New Hampshire – 2021 List Coming Soon

New Jersey – 2021 List Coming Soon – March 23, 2021

New Mexico – 2021 List Coming Soon – April 8, 2021

New York — Upstate – 2021 List Coming Soon

New York — Metro – 2021 List Coming Soon

North Dakota – 2021 List Coming Soon

Oklahoma – 2021 List Coming Soon

Oregon – 2021 List Coming Soon – July 12, 2021

Pennsylvania – 2021 List Coming Soon – May 26, 2021

Rhode Island – 2021 List Coming Soon

South Carolina – 2021 List Coming Soon

South Dakota – 2021 List Coming Soon

Tennessee – 2021 List Coming Soon

Texas – 2021 List Coming Soon

Utah – 2021 List Coming Soon – July 13, 2021

Vermont – 2021 List Coming Soon

Virginia – 2021 List Coming Soon – May 6, 2021

Washington DC – 2021 List Coming Soon – April 27, 2021

Washington – 2021 List Coming Soon

West Virginia – 2021 List Coming Soon – May 6, 2021

Wisconsin – 2021 List Coming Soon

Wyoming – 2021 List Coming Soon – July 13, 2021

 

PohlmanUSA Court Reporting and Litigation Services is proud to work with these amazing lawyers, nationwide.  Learn more about Super Lawyers® HERE.

 

Court Reporting as a career is freedom, flexibility, and fun

Have you ever wondered what stenographers like best about their career choice?  What are the challenges the job brings?  What is fun about their job?  PohlmanUSA sat down to hear what our court reporters all around the nation had to say about their chosen career path and we were blown away with the responses.

What do you like about your court reporting career?

  • I like the freedom of being self-employed and the flexible hours. My earning potential is based on my willingness to work and ability to finish transcripts in a timely manner, so I like to work hard!
  • Meeting fascinating people and going to interesting places and hearing intriguing stories.
  • The flexibility of working when I want and not know what the next day holds.
  • Meeting so many interesting people over the years, learning about so many different subject matters. Constantly challenging myself to become a better writer.
  • Flexibility, flexibility, flexibility.

What is one of the biggest challenges you face in your career?

  • Finding stretches and strengthening to counter the repetitive movements over so many years.
  • Keeping up with all the latest technology.
  • At the present time, a challenge I face in my career is being able to hear every single spoken word during remote depositions and distracting background noise from non-muted participants.
  • Anxiety – it never diminishes!

What was the funniest thing you experienced at a deposition (maintaining confidentiality)?

  • One of the defendants represented himself and was questioning a former employee. He was asking “Perry Mason” type questions until the witness finally yelled, “Yes, it’s true!! It’s all true!” One of the other defense attorneys fell off of his chair because he was laughing so hard. I had tears running down my face from laughter.
  • When I lived in LA, I took the depo of a famous musician. It was a class action suit, so before she testified another woman testified first. During the first depo, the famous musician sat at the end of the really long conference table, fell asleep, and started snoring; nobody wanted to say anything.
  • The witness running away from the lawyer before we even started, and she was running after him to try to get him to testify.
  • There’s been a few times when an answer (meant to be comical) cracks up everyone in the room and both sides get the giggles.

Interested in learning more about court reporting We would love to hear from you.  Apply on our careers page or contact us at 877.421.0099.

PohlmanUSA's court reporter takes down the record of a commercial

A career in court reporting really is exciting.  Court reporters are not limited to being used only for legal matters in a court or conference room, they can be used for sporting events, television, and so much more. No two days are alike, and you learn to expect the unexpected.

 

This was certainly true when one of our Michigan court reporters, Terri Zimmerman, got a “once-in-a-lifetime” gig that landed her at the Post Food’s plant located in Battle Creek, MI taking down a commercial.

 

Terri was tasked on a three-day job taking the record for the Post commercial for Honey Bunches of Oats®. Now why would they need a court reporter if they already had a script?  Closed Captioning is important to ensure the hearing impaired will be able to follow the commercial, and with so many edits and takes, a court reporter was the answer.

 

In an instant, Terri found herself sitting in the Honey Bunches of Oats® cafeteria, and next thing she knew, she was in a lab with the Post scientists! Finally, she landed in the spot where we all can find our favorite cereals – the grocery store!

 

While the deadline was quick and transcripts were required each evening,  Terri says she was perfectly okay with it.  She noted that the elaborate food spread provided to everyone involved helped to keep her energy going! Above all, Terri said her experience was a lot of fun and everyone was very friendly!

 

Want to see the commercial she worked on?  Click HERE to watch.

 

Interested in a career in court reporting?  We would love to hear from you.  Apply on our careers page or contact us at 877.421.0099.

 

ProjectSteno-Pohlman-court-reporting-and-captioning-week

PohlmanUSA, which is regionally and nationally recognized for court reporting and litigation services, has announced their continued support to the court reporting profession by making a donation to Project Steno. With thousands of unfilled court reporting positions across the country, Pohlman understands that supporting the next generation of court reporters means supporting the legal industry as a whole.

Project Steno promotes the court reporting profession by creating a pipeline of new court reporters and tuition assistance to subsidize a student’s schooling costs. Court reporters generally graduate in two years and can start their career right away.  Currently, there is a high demand for court reporters as there are over 5,500 unfilled court reporting positions nationally.

“During National Court Reporting and Captioning Week, we couldn’t think of a better way to show reporters across the nation that we support their skills and profession then by donating to Project Steno.  It takes vast talent to be able to type over 225 words per minute, and we want to make sure our next generation understands the court reporting profession, so it continues to grow and thrive.” said PohlmanUSA CEO, Deborah Walters.

In celebration this week, Pohlman has created reporter newsletters and social media posts featuring industry topics, steno history, stories from reporters and a feature on a Project Steno student that works in Pohlman’s records department.  The newsletters gave the reporters an opportunity to connect and learn more about each other, as well as stenographers around the nation. Walters states, “Court reporting is more exciting than most people think.  Being a stenographer, you can travel, report depositions and trials, or even perform closed captioning services for major television broadcasts, such as sporting events, political coverage, breaking news, as well as high-profile cases.”

PohlmanUSA Court Reporting and Litigation Services is recognized nationwide as the leading provider of technology-driven court reporting and litigation services. For 30 years, Pohlman has specialized in complex multiparty litigation by creating innovative products and customized solutions for clients. Pohlman is committed to delivering exceptional customer service and anticipating clients’ needs.

For more information, call 877.421.0099 or visit www.pohlmanusa.com.

We're Live in Cook County, IL

PohlmanUSA, which is regionally and nationally known for court reporting and litigation services, has announced the expanded offering of its MyDocFileServe™ (MDFS) eFiling system into Cook County, Illinois for asbestos cases. The system is already a heavily relied upon tool for the asbestos docket in Madison and St. Clair Counties of Illinois.

MDFS is designed to allow remote electronic eFiling and eService of documents simultaneously and securely in complex, multi-party litigation cases with a single transaction.

“This online service and docket management system was custom-built by our Pohlman technology team, and with its robust capabilities for advance search, sorting and reporting, our clients do their work in a cost-effective and time-efficient way,” said PohlmanUSA CEO, Deborah Walters.

Pohlman’s motto is We’re Always Listening®, and client input was taken into consideration not only when building the product, but for expansion. Walters states “We worked alongside plaintiff and defense firms, and personnel from the court clerk’s offices to ensure this product fulfilled the needs of all parties, and when it was clear the needs of clients warranted an MDFS expansion to another area, we acted promptly to make it happen.”

For more information, call 877.421.0099 and ask for Lit Support or visit http://www.MyDocFileServe.com

Frye Hearing

A Frye hearing was recently held in the Circuit Court of Cook County.  This hearing was regarding scientific evidence related to genetic testing for BAP-1 of a plaintiff with mesothelioma arising from potential asbestos exposure.

Most states follow either the Daubert or Frye Standard regarding admissibility, and in a few states, the court follows a combination of the two. Daubert applies to admissibility of any expert witness testimony, while Frye is narrower in application only for admissibility of novel scientific expert testimony.

The Daubert standard is the more recent standard set in the 1993 Supreme Court case of Daubert v. Merrell Dow Pharmaceuticals, Inc. Under the Daubert standard there are five factors the court considers in determining if the expert testimony methodology is valid.

  1. Whether the theory or technique in question can and has been tested
  2. Whether the theory or technique has been subjected to peer review and publication
  3. Whether the theory or technique has a known or potential error rate
  4. Whether the theory or technique has widespread acceptance within the relevant scientific community
  5. Whether the theory or technique has standards and controls and was conducted independently of preparation for testifying.

The Frye standard dates back to the 1923 case of Frye v. United States. Under the Frye standard the court must determine whether the method by which the scientific evidence is gathered is “generally accepted” as reliable by other experts in the relevant scientific community. If your case is in California, Illinois, Minnesota, New Jersey, New York, Pennsylvania, and Washington, they continue to follow the Frye standard.

In the recent Illinois Frye hearing the Judge has taken it under advisement. If you are an asbestos attorney and are interested in learning more please contact me at [email protected]

 

 

 

 

Since March of last year, we have learned to navigate our lives in a very different, remote world.  Amidst juggling technology challenges, workloads, teaching our little ones, and figuring out how to get our groceries delivered — maintaining connection with our co-workers can provide much needed balance and motivation.

Here are some tips and tricks to connecting with and celebrating team members during this ever-evolving time in a remote world.

CONNECT

  • Be social. Schedule a remote video call or teleconference with your department.  Go beyond “just work” to talk about how everyone is doing, share the best and most challenging parts about working from home — or even play a game.
  • Praise publicly. Whether it be a shout-out, meme, or email, it is specific recognition for hard work or accomplishments that count.
  • Ditch the email. Occasionally opting for a short phone conversation or Facetime helps us reconnect with co-workers more than texts or email.

CELEBRATE & REWARD

Remember birthdays, anniversaries, or “just because” moments and make them known! Being out-of-the office can make it easy to overlook, so remember to recognize the special days.

Celebrating 30 years in business — anyway you look at it – is quite an accomplishment. But to do it during a pandemic really left us with mixed feelings. An anniversary or birthday should be exciting and celebratory. But when you can’t share it with the world, it loses just a little luster, yet we know the milestone is no less significant.

The fresh start we had at the beginning of 2020 was thrown into a tailspin as our industry faced unheard-of shutdowns of courts, isolation from friends and family and the inability to travel to our workplaces, let alone across the nation.

As our industry faced an unheard of shutdown of the courts, we already utilized remote technology daily for our clients, so with the legal system needing to go on, we were able to get right back to work (sans our usual work attire), challenging us to look for effective ways to go about our jobs and lives as a new normal arose. It also gave us some time to take stock of our core values, putting focus on the things that matter most to us.

Our motto is “We’re Always Listening®,” as we pride ourselves on listening to our clients, paying close attention to their needs and evolving and innovating to meet them. Truly listening became even more literal when calls and remote video conferencing were our only lifelines.

COVID-19 — changed everything.
This past year has been full of challenges, even hardships for us all, but internally it shone a light on the proven power of Pohlman as our employees pulled together to listen even more closely, quickly pivot and adapt to industry changes. Perhaps even more impressive was how the legal industry pulled together with care and innovation on how to keep everyone safe and still protect individuals and corporation interests.

So just how did we celebrate our milestone 30-year anniversary? Pohlman’s employees brought more options for remote proceedings, contacted more clients to understand their needs, we listened and we are working to serve you better, day in and day out. We celebrated 30 years by celebrating you. The wonderful people that stand by us, champion us, and allow us to serve you every day.

Thank you, valued clients and partners, for being here alongside us through the milestones, the growth, the challenges of 2020 and the achievement of 30 years. We are looking forward to continuing to partner with you for many decades to come.

PohlmanUSA returned to our offices on June 29, 2020. As excited as we are to return to working collaboratively together with our teams to service our clients, we are entering this next phase of re-opening with caution and a focused effort on keeping our employees and clients safe and healthy.

Our vast remote deposition platforms for MpVC (Zoom 5.0 and AdobeConnect) along with Telephonic Conferencing are still readily available to you and continued use beyond COVID is encouraged. We’re confident you have seen the benefits and advantages of these invested technologies. As always, our Remote Deposition Logistics Team is here to help.

When that is just not optimal, PohlmanUSA is ready and poised to host your in-person depositions and hearings. And, to assure you of our focus on safety, below you’ll find our protocols ensuring sanitization and social distancing:

We have implemented various safety precautions, as advised by the CDC, to provide a safe environment for our clients and employees.

Upon arriving at our office, team members will undergo daily health assessments and contactless temperature checks. Visitors will undergo a contactless temperature check and asked the following questions, before being granted entry:

  • If they have you had a cough or fever.
  • If they have been around anyone exhibiting these symptoms within the past 14 days.
  • If they are living with anyone who is sick or quarantined.

For the safety of our teams and clients, we are holding to the highest standards with enhanced cleaning and disinfecting in all of our locations, to include our reception areas, restrooms, kitchens, employee common spaces and all conference room areas.

Beyond increased office cleanliness, we are encouraging increased personal hygiene, including hand washing, for all entering the office. Employees will be required to wear masks, while masks will be provided and encouraged for guests.

We are also maintaining social distancing. Our conference rooms are operating at 50% capacity and all chairs are spaced 6 feet apart. We also suggest employees and guests are mindful of maintaining their distance throughout their visit.

We look forward to serving you in the way most appropriate to your firm. We appreciate your continued business and wish health and prosperity for us all.