"In this select circle, we find pleasure and charm in the illustrious company of our contemporaries and take the keenest delight in exalting our friendships."
- Emil Gumpert, Chancellor and Founder
Welcome to the second issue of the eBulletin —a brief update of the happenings of the American College of Trial Lawyers. More in-depth coverage of College happenings and meetings will continue to arrive in printed form via the Journal. We look forward to growing our correspondence and relationships with Fellows through this digital newsletter and encourage your feedback.
Turning Words Into Deeds
College Takes Stand On Judicial Independence, Veterans' Access to Justice
Dear Fellow,

As College Fellows, we hold firm its many shared values, starting with high standards. Correspondingly, as part of our Mission, we strongly support the independence of the judiciary, trial by jury, respect for the rule of law, access to justice, and fair and just representation of all parties to legal proceedings.

Recently, Fellows have taken strong and important public stands on two matters related to our Mission.

On July 21, three Fellows, acting as lead attorneys, filed a petition with the United States Court of Appeals for Veterans Claims seeking an order requiring the Department of Veterans Affairs (VA) to eliminate unconstitutional delays in the VA appeals system. Their doing so was consistent with our veterans initiative.  Everyone familiar with the problem is appalled by the obstacles and delays involved in getting through the VA appeals process. The political branches of government have tried but failed to adequately address the delay issue. We all owe a debt of gratitude to Fellows John Chandler, Beth Tanis, Steve Raber and their fine firms, for leading this effort on a pro bono basis.

In early June, the College issued a public statement asking all politicians to refrain from political attacks on judges due to their threat to judicial independence. We reminded the public that judicial independence is not established for the benefit of judges, but for all of us.  

In the coming months, you will be hearing about other important initiatives that are designed to ensure that the College remains the premier professional trial organization in North America. One initiative that is particularly exciting is the work of the Diversity Sub-Committee. They are collaborating to identify specific approaches that we can consider  at the state and province level to help identify additional  diverse candidates for nomination, while maintaining our commitment to select only the best trial attorneys.

I hope to see many of you at the Annual Meeting in Philadelphia. I believe we have arranged a thoughtful and entertaining program for you leaving time, of course, to engage in discussions about all of the activities under way in the College that are moving it forward in our ever changing world.

All best,
Michael W. Smith
College Challenges as Unconstitutional Long Delays in Veterans’ Appeals for Benefits
Three Fellows are leading the process to petition the United States Court of Appeals for Veterans Claims to order the Department of Veterans Affairs (VA) to eliminate unconstitutional delays in the VA appeals system. The Petition for Writ of Mandamus and Other Relief is filed on behalf of veterans against Robert A. McDonald, Secretary of Veterans Affairs. The three Fellows acting as lead attorneys and representing the petitioners on a pro bono basis are John A. Chandler and Elizabeth V. Tanis, partners with the law firm King & Spalding LLP in its Atlanta office, and Stephen D. Raber, a partner with the law firm Williams & Connolly LLP in Washington, D.C. The petitioners ask the Court to hold that the VA’s delay in processing appeals violates the Due Process Clause of the Fifth Amendment to the United States Constitution and is contrary to the Secretary’s statutory duties.  Other veterans are invited to join the petition by emailing VeteransPetition@wc.com.
  Committee Appointments In The Mail
Appointments to State and General Committees will be mailed out soon. The College’s work is accomplished, in large part, by its thirty-four general committees and sixty-one State and Province committees. Fellows are encouraged to inquire about serving the College through committee participation. If you are interested in committee work, please email the National Office for more information, nationaloffice@actl.com.
Delaware Fellows Partner with Bar Association on Study, Report on Delaware Court System

Delaware Fellows partnered with the Delaware State Bar Association (DSBA) to release a report that surveyed members of the Delaware Bar on the operations of the courts.  Conducted throughout the past year, the report solicited suggestions on ways in which to improve the courts. The survey originated at the request of Chief Justice of the Delaware Supreme Court Leo E. Strine, Jr. in 2015, who in consultation with judges, attorneys and other system partners, set a goal of involving the Bar and others in setting and implementing the Courts’ agenda. President-Elect Bartholomew J. Datlon and Fellow Thomas J. Allingham II co-chaired the study.
Downstate-New York Fellows Hold Daylong Training for Legal Services Lawyers

On June 23, 2016, Downstate-New York Fellows sponsored a trial training program for Legal Services NYC, an umbrella organization of legal services lawyers throughout New York City.  The program focused on direct and cross-examination, and was attended by thirty participating lawyers. Ten Fellows ho volunteered as trainers, and actors were hired to play the role of witnesses.  It was an all-day program with six hours of mock exercises, critiqued by the trainers. The following Fellows participated as trainers: Stanley S. Arkin; Regent Ritchie E. Berger; Thomas Fitzpatrick; George R. Goltzer; Shawn P. Kelly; Downstate-New York Committee Chair Larry H. Krantz; Avraham C. Moskowitz; James W. Quinn; Maurice Henri Sercarz; and Robert F. Wise, Jr.
Virginia Fellows Present Chappell-Morris Young Trial Lawyers' Award to Two Lawyers

The Virginia State Committee awarded the Chappell-Morris Young Trial Lawyers’ Award on June 18, 2016 to two deserving lawyers at the June meeting of the Virginia Bar Association. Virginia State Committee Chair Donald R. Morin presented the award to Kelli H. Burnett and Justin Michael Lugar.  Burnett is a Senior Assistant Commonwealth’s Attorney for the City of Richmond and Lugar practices with the law firm of Gentry Locke of Roanoke, Virginia.  The presentation was made in front of an audience that included lawyers, spouses, family, friends and a number of judges from the various courts. The award recognizes a young trial lawyer in Virginia who has demonstrated professionalism, high ethical and moral standards, excellent character and outstanding trial skills to this point in his or her career. 
    Complex Litigation Committee Working on Two Books  
The Complex Litigation Committee, in partnership with the Federal Judicial Center, has written and published Anatomy of a Patent Case: Third Edition.  “Numerous changes in the patent law that have occurred since the second edition was published make the new edition particularly timely,” said Harry J. Roper, Chair of the Complex Litigation Committee. A draft on a book looking at the use of demonstrative aids in trial is in also progress. Both are expected to be available in fall 2016.
  Working Smarter But Not Harder In Canada
Working Smarter But Not Harder In Canada: The Development of A Unified Approach to Case Management in Civil Litigation will be available mid-August. The project was undertaken by the Judiciary Committee and was led by Kent E. Thomson, Ex-Officio Chair of the Judiciary Committee, who led the project.
Teaching of Trial and Appellate Advocacy Committee Offers Trial Training in Memphis
On May 19, 2016, the Teaching of Trial and Appellate Advocacy Committee held a Litigation Institute for Trial Training (LITT) program at the University of Memphis School of Law. One-hundred forty attended. The daylong boot camp-style program was open to law students and young lawyers. The case of the day was the trial of Nicola Sacco and Bartolomeo Vanzetti.  Topics included case analysis, theory of the case, civility, opening statements, direct examination, cross-examination and closing arguments. A highlight of the program was the luncheon panel discussion, “What Judges Want from Trial Lawyers.” Most of the twenty-one faculty were Fellows from Tennessee, including: Leslie I. Ballin; Leo Bearman, Jr.; Harriett Miller Halmon; William H. Haltom Jr.; Albert C. Harvey; Lawrence J. Laurenzi; Marty Roy Phillips; Glen Reid, Jr.; Teaching of Trial and Appellate Advocacy Committee Chair Paul Mark Sandler; and David Wade.
2016 Annual Meeting
Philadelphia, PA
September 15-18, 2016

*Speaker Update: U.S. Senator Tim Kaine will not be a speaker during the meeting.*

2017 Spring Meeting
Boca Raton, FL
March 2-5, 2017

Region 3
Northwest Regional Meeting
Stevenson, WA
August 4-7, 2016

Alaska Fellows Dinner
Anchorage, AL
August 11, 2016

Colorado Fellows Dinner
Englewood, CO
August 12, 2016

Iowa Fellows Meeting
Sioux City, IA
August 12-13, 2016

Georgia Fellows Meeting
Savannah, GA
August 25, 2016

Kansas Fellows Meeting
Kansas City, MO
August 27, 2016

Hawaii Fellows Dinner
Honolulu, HI
September 9, 2016

New Mexico Fellows Meeting
Santa Fe, NM
September 30, 2016
Mark your calendar now to attend one of the College’s upcoming gatherings.

More events can be viewed on the College website.

Click here for the Events Calendar.
Issue 79 of the Journal was recognized 
with a  2016 Apex Award for Publication Excellence in the category of Magazine, Journal & Tabloids - Print +32 pages. The awards are based on excellence in graphic design, editorial content and the ability to achieve overall communications excellence. APEX Awards of Excellence recognize exceptional entries in individual categories. There were 632 Awards of Excellence recognizing exceptional entries in 100 subcategories. 
Michael P. Bradley 
of San Francisco, California was voted Trial Lawyer of the Year for 2016 by the American Board of Trial Advocates for California (CAL-ABOTA). 

Thomas G. Fritz
of Rapid City, South Dakota was recognized with the McKusick Award by the South Dakota Student Bar Association.
Anthony R. Gallagher
of Great Falls, Montana received the 2016 Ninth Circuit John Frank Award.
Alan G. Greer 
of Coral Gables, Florida was the recipient of the David W. Dyer Professionalism Award from the Dade County Bar Association at its 100th Anniversary Gala in June. 

William C. Hubbard
of Columbia, South Carolina received the prestigious 2016 Burton Award for Leadership.
Patrick T. O'Connor
of Savannah, Georgia was installed as president of the State Bar of Georgia during the organization’s annual meeting.
Herschel E. Richard, Jr.
of Shreveport, Louisiana was selected by the Louisiana Bar Foundation as recipient of the 2015 Distinguished Attorney Award
Sylvia H. Walbolt  
of Tampa, Florida will receive the 2016 John Paul Stevens Guiding Hand of Counsel Award from the American Bar Association’s Death Penalty Representation Project on September 15, 2016.
W. Scott Welch III 
of Jackson, Mississippi was presented with the Capital Area Bar Association’s 2016 Professionalism Award .   
Southwest Regional Meeting, July 15-17: The beautiful Ritz Carlton Laguna Niguel was the site of a three-day convocation of Fellows and guests from the sunshine states.  An array of presentations ranged from an evaluation of the Supreme Court term by Miguel Estrada and Dean Erwin Chemerinsky, to the Battle of Gettysburg, to the history of Brown v. Board of Education.  Social events filled the evenings and all had a great time.

Idaho, July 15: Treasurer Sam Franklin represented the College, with dinner being held at a new venue, the Boise Museum of Art.  The event included over twenty Fellows along with a tour of the museum’s visiting exhibitions. Fellow Gary Cooper spoke about a potential advocacy training program for those who participate in dispute resolution with one of the local Native American tribes. Fellow Bill Dryden discussed the timely topic of to travel or not to travel, accompanied by beautiful images from his own travel photos.  

Virginia , June 18: Just hours after departing from the Texas dinner on June 17, President Smith was in Norfolk, Virginia where he offered remarks at the ceremony accompanying the Chappell-Morris Award presented to recipients Kelli H. Burnett and Justin Michael Lugar.  This award is named for two giants of the Virginia Bar and Past Presidents of the College,  Jimmy Morris, and the late Harvey Chappell.

Texas, June 17: Some seventy Fellows joined President Smith at the Fort Worth Club.  In addition to addressing the state of the College, President Smith recognized special guests from the Texas Tech Moot Court team: CJ Baker, Kristen Vander-Plas, Shelby Hall, coach Rob Sherwin and Dean Derby Dickerson.  The Texas Tech team won the National Moot Court Competition.

Connecticut, June14: Around thirty-five to forty Fellows convened at the Library Wine Bar and Bistro in Wallingford for the Connecticut annual dinner.  There was no formal program, but the Fellows did ask President Smith to review what is happening in the College.  He obliged in some detail.  This was a Fellows-only event, and a lively time was had by all.

3rd Circuit Regional in Princeton, New Jersey, June 14: This event was held at the Nassau Inn located in Princeton, New Jersey.  A full schedule of presentations included a panel discussion focused on the sensational Lindbergh kidnapping and murder case of 1932 and the questions of the trial and guilt of Bruno Hauptman, who was found guilty of the crime and executed in 1936.

Supreme Court Historical Society Dinner, Washington, D.C., June 6: It was a tuxedo occasion for the annual meeting of the Supreme Court Historical Society.  College Past President Greg Joseph ran the meeting like clockwork, followed by  dinner and short post-dinner performance by the Children's Chorus of Washington.

New England Regional in Bretton Woods, New Hampshire June 3-5: Arriving directly from a dinner in Toronto that took place the night before, President Smith flew to Boston and drove to the regional meeting at the Mount Washington Hotel in Bretton Woods, New Hampshire.  Approximately seventy Fellows and guests were in attendance.  Among several presentations over the course of the meeting was one concerning the events of the New Hampshire primary elections.  It was presented by public radio political reporter Josh Rogers and Professor Dante Scala of the University of New Hampshire.  Later in the program, Fellow Dan Goldberg, who represents the New England Patriots, discussed the furor of “deflategate” from his insider perspective.  At the dinner that evening, President Smith offered remarks and presented the winners of the National Trial Competition, Amanda Mundell and Joe Resnek, with plaques commemorating their achievements.

Ontario, June 2: Flying from President Smith's hometown of Richmond, Virginia has its challenges. After hectic trip rescheduling caused by flight delays, he arrived in street clothes at Gardiner Museum in Toronto about an hour after the event began.  In true College fashion, nobody cared about his dress, and the event rolled on.  The fifty-odd attendees included several current and former justices of the Canadian Supreme Court.  After presenting the Best Oralist Award from the Gale Cup Competition to Michelle Psutka, President Smith offered brief remarks about several ongoing College initiatives.

Minnesota, May 25: Upon finishing the Fourth Circuit Judicial Conference in West Virginia, which ended May 25, President Smith was back in the air and flew to Minneapolis for a Fellows dinner at the Minikahda Club.  Though there was no formal program, he took the opportunity to update the fifty attendees on the state of the College and recent initiatives.

Fourth Circuit Judicial Conference, West Virginia, May 23-25: Refreshed from a day off after the dinner in Detroit on May 21, President Smith gave a presentation on the traditions and standards of the College to a large audience of judges and practitioners, including the Chief Justice of the United States.  The event was held at The Greenbrier, always a very special place.

Michigan, May 21: About forty-five Fellows and guests attended a reception and dinner at the Detroit Athletic Club in downtown Motor City.  For baseball fans, this is an excellent venue: in addition to President Smith’s remarks, attendees were in full view of the field at Tiger Stadium where the home team played and defeated Tampa Bay 5-4 during dinner!

Kentucky, May 11: The River Valley Club in Louisville on the banks of the Ohio River was the site of a dinner gathering of about sixty Fellows and guests.  Humorous stories of the late and great John Famularo were the highlight of the evening.

Alberta, May 11: Because even the President of the College cannot be in two places at the same time, Treasurer Sam Franklin represented the leadership at a dinner of some twenty Fellows at The Royal Mayfair Golf Club in Edmonton.  Joining the Fellows from Calgary and Edmonton were special guests Jonathon Austin and Fraser Genuis, members of the winning Sopinka Cup team from the University of Alberta.

Manitoba / Saskatchewan, May 7: Starting out in Los Angeles, after the California - Southern meeting on May 5, tight connections marked the trip from the West Coast to Winnipeg.  Thirty Fellows gathered for a splendid reception and dinner at the newly constructed Canadian Museum for Human Rights.  Keynote speaker Murray Sinclair, a former judge and current Senator in the Canadian Parliament, recounted the inquiry focused upon the operation of and abuses in the Residential Schools for First Nations People.

California - Southern, May 5: After spending the day in the National Office, followed by a meeting with the State Committee, President Smith attended a dinner with around eighty Fellows and guests at the venerable (and old) California Club in downtown Los Angeles.  All in all, it was a hectic, but enjoyable evening in Southern California.

Missouri, April 29-May 1: President-Elect Bart Dalton and his wife, Eileen, attended the three-day meeting at the Big Cedar Resort in Branson.  Some fifty Fellows and guests participated in a CLE program and heard presentations on the state of the College, the Foundation and an outreach program with the University of Missouri Law School.
The following College committees are always seeking nominations.  Nominations can be sent to nationaloffice@actl.com or to each committee chair.

Griffin Bell Award for Courageous Advocacy Committee
To receive and investigate recommendations and information relative to outstanding courage demonstrated by trial lawyers in unpopular or difficult causes, and where appropriate to recommend an award.   Chair: Daniel J. Buckley, djbuckley@vorys.com

Samuel E. Gates Litigation Award Committee
To honor a lawyer or judge, whether or not a Fellow of the College, who has made a significant, exceptional and lasting contribution to the improvement of the litigation process.   Chair: Lisa G. Arrowood, larrowood@arrowoodpeters.com

Sandra Day O'Connor Jurist Award Committee
The Award, named for Sandra Day O’Connor, is to be given from time to time to a judge in the United States or Canada, whether or not a Fellow of the College, who has demonstrated exemplary judicial independence in the performance of his or her duties, sometimes in especially difficult or even dangerous circumstances.   Chair: Charles E. Patterson, cpatterson@mofo.com
The following Fellows have been elevated to the bench in their respective jurisdictions.

Gary Pohlson 
Newport Beach, California
Effective July 2016
Orange County Superior Court

Robert F. Rossiter, Jr. 
Omaha, Nebraska
Effective June 27, 2016
U.S. District Judge
U.S. District Court for the District of Nebraska

Harold L. Stewart, II
Presque Isle, Maine
Effective April 15, 2016
Superior Court Justice
Superior Court for the State of Maine

Jon Mark Weathers
Hattiesburg, Mississippi
Effective January 2016
Twelfth Circuit Court District – State of Mississippi

The College extends congratulations to these Judicial Fellows.

The College has been notified of the passing of the following Fellows. The date following the name of each deceased Fellow represents the year in which he or she was inducted into the College. The date following the state or province name is the date of passing.

Charles C. Baker, 79, a Fellow Emeritus,  Amarillo, Texas, May 22, 2016

James C. Bass, ’83, a Fellow Emeritus, El Reno, Oklahoma, September 26, 2015

William R. Blood, ’77, a Fellow Emeritus, Olean, New York, February 23, 2016

Francis Carroll (Tyke) Bryan, ’76, a Fellow Emeritus, Mt. Sterling, Kentucky, April 16, 2016

Thomas F. Burke, Jr., ’84, Dartmouth, Massachusetts, July 1, 2016

John Michael Calimafde, ’01, a Fellow Emeritus, Old Greenwich, Connecticut, August 5, 2015  

Hon. Harold G. Clarke, ’77, a Fellow Emeritus, Forsyth, Georgia, February 26, 2016

Milton Carey Colia, ’07, El Paso, Texas, December 1, 2015

Hon. William J. Cook, ’88, Haddonfield, New Jersey, April 21, 2016

John Joseph Corrigan, ’73, a Fellow Emeritus, Los Altos, California, October 8, 2015

Peter J. De Troy, III, ’90, Portland, Maine, May 28, 2016

Edward R. Durree, ’93, Peoria, Illinois, January 27, 2016

Donald Vernon Ferrell, ’94, Harrisburg, Illinois, April 7, 2016

John Martin Freyer, ’81, a Fellow Emeritus, Lady Lake, Florida, February 5, 2016

David Eldon Gauley, Q.C., ’82, Saskatoon, Saskatchewan, May 4, 2016

John Hopkins Hall, ’70, a Fellow Emeritus, Dallas, Texas, February 2, 2016

Frank L. Heard, Jr., ’76, a Fellow Emeritus, Houston, Texas, March 7, 2016

Harold F. Jackson, Q.C., ’79, a Fellow Emeritus, Dartmouth, Nova Scotia, November 6, 2015

Harry Joseph Jennings, ’81, a Fellow Emeritus, Valparaiso, Indiana, May 20, 2016

Ralph I. Knowles, Jr., ’03, Atlanta, Georgia, May 17, 2016

Robert MacCrate, ’75, a Fellow Emeritus, New York, New York, April 6, 2016

James J. Marcellino, ’07, a Fellow Emeritus, Boston, Massachusetts, June 30, 2016

Irving Nathaniel Morris, ’81, a Fellow Emeritus, Palm Beach, Florida, June 28, 2016 

Charles Arthur Nugent, Jr., ’83, a Fellow Emeritus, Lake Wales, Florida, April 2, 2015

David Arthur Oliver, Jr., ’89, Columbia, Missouri, October 20, 2013

James Daniel Peacock, ’81, a Fellow Emeritus, Topsham, Maine, April 2, 2016

Hon. Robert Francis Pfiffner, ’63, Chippewa Falls, Wisconsin, March 30, 2016

Michael Henry Runyan, ’03, a Fellow Emeritus, Seattle, Washington, December 19, 2015

Wofford Hampton Stidham, ’82, a Fellow Emeritus, Bartow, Florida, August 30, 2013

Ralph Nichols Strayhorn, Jr., ’72, a Fellow Emeritus, Winston-Salem, North Carolina, June 4, 2016

Landman Teller, Jr., ’87, Vicksburg, Mississippi, April 15, 2016

Leslie Richard Weatherhead, ’03, Spokane, Washington, May 9, 2016

Joe C. Willcox,’75, a Fellow Emeritus, Gainesville, Florida, December 23, 2013

William Harrison Flick Wiltshire, ‘84, Pensacola, Florida, March 7, 2015

A tribute to each will appear in the In Memoriam section of a subsequent issue of the Journal.

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