Summer 2024 Newsletter

​Sponsored by:

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President's Letter
​By: John Kemppainen

Dear NRRDA Members,
 
It’s hard to believe summer is almost over! NRRDA is busy on multiple fronts:
 
The Board of Directors just returned from its summer board meeting at the site of the 2025 Annual Conference in Fort Worth, TX. We were happy to host a local happy hour and it was fantastic to connect with fellow members and get a sneak peek at the conference venue. The board also participated in a strategic long range planning workshop, based in part on the membership survey results. Thanks to those of you who took the survey. We will provide more details on the plan once finalized.

Next up for NRRDA is the 2024 Lighthouse Seminar in Nashville, TN on October 23-24, 2024. Currently there is a wait list for Attorneys and Vendors but plenty of space for Industry members. Registration is free for industry and 5 CLE credits are offered.

Our Annual Conference Committee is currently drafting the program for our 2025 Annual Conference in Fort Worth, and we look forward to delivering another excellent, in-depth program.

We also invite industry members to apply for scholarships to attend #nrrda2025. The scholarships provide free registration and $1,000 in travel and hotel reimbursements. Additionally, NRRDA welcomes Industry panel counsel meetings. This year these will take place on Monday, March 3. The NRRDA office will assist with all the details. Since space is limited, please contact [email protected] as soon as possible to secure your spot.

Be sure to check in often at nrrda.org for the latest news and updates.

Thank you for being a vital part of NRRDA. Together, let's navigate the future with knowledge, collaboration, and excellence.
 
John Kemppainen, NRRDA President
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​What Is a Psychological IME and How Can It Assist You in Case Management?
By: Daniel B. LoPreto, Ph.D. | Leidos QTC Health Services

Psychological injury claims are common within Workers’ Compensation, early disability retirement and tort litigation claims. In fact, studies estimate that 1 in 3 workplace disability claims are due to mental health problems. While mental health problems represent about a third of all disability claims, they result in over two thirds of all disability costs. (read more) 

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Plaintiff was Overtreated and Overcharged: Does the Jury Care? 
By:  Floyd G Cottrell | Rawle & Henderson LLP & Steve M. Wood, Ph.D. | Courtroom Sciences, Inc.

Defend negligence claims for any length of time and you will inevitably encounter the plaintiff that rushed to surgery or treated extensively, but beyond any apparent need or to no benefit. A compelling defense is constructed that the treatment was not needed, and its cost was exorbitant. Is that enough to defeat plaintiff’s claims of damages? Or can the jury disregard the defense’s evidence and see plaintiff as a “double victim,” first of the accident and then of the doctors? In short, how does a jury process this defense? Consider these scenarios. (read more)

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Don’t Wait for the Other Cole Haan Shoe to Drop: Affirming Summary Judgment in California’s Sixth District Court of Appeal
By: Rick Somes | Managing Partner, Tyson & Mendes Orange County & Ariel Gozzip | Tyson & Mendes Northern California

Cole Haan LLC emerged unscathed in a recent legal victory following a premises liability claim brought against the renowned retail brand. Santa Clara County Superior Court’s swift grant of summary judgment in favor of Cole Haan in May 2022 was echoed in California’s Sixth District Court of Appeal, affirming the retail store had not breached its duty to plaintiff, Lin Li.[i] (read more)

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No Good Deed Goes Unpunished - When Employees Sue Employers Over Alleged Defects in the Company 401(k) Plan
 By: Jeffrey M. Koonankeil | Encore Fiduciary

What is Excessive Fee Litigation?               
Excessive Fee Litigation involves a class action lawsuit filed by a participant in a company’s 401(k) plan in which a plan participant(s) alleges that the fiduciaries of the 401(k) plan breached their fiduciary duties under The Employee Retirement Income Security Act (“ERISA”).  The participant alleges that the fiduciary committed a breach if the fiduciary caused the 401(k) plan to experience, for the most part, one or more of the following:  ​(read more)
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