M C C ATHERN, P.L.L.C. Dallas | Houston | San Antonio | Newport Beach mccathernlaw.com LEVI G. MCCATHERN, II PAUL A. GRINKE MANAGEMENT OF HIGH PROFILE

MCCATHERN, P.L.L.C.Dallas | Houston | San Antonio | Newport Beach

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L E V I G . M C C A T H E R N , I IP A U L A . G R I N K E

MANAGEMENT OF HIGH PROFILE AND CATASTROPHIC CLAIMS


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CATASTROPHE DEFINED

• A sudden, disastrous event that draws media attention• Multiple plaintiffs

with life changing or life ending injuries• Emotionally

charged, sympathy evoking cases


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PRACTICE FACILITY COLLAPSE

Sudden wind storm caused Dallas Cowboys’ practice facility to topple during rookie mini-camp in May 2009.

Falling debris severed the spinal cord of a team scout, leaving him paralyzed from the waist down, and broke another coach‘s neck. Ten other people were injured.


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TAKE CARE OF YOUR PEOPLE

• Be respectful to those harmed• Repair client’s business relationships• Show natural concern and compassion for

claimants and their families’ well-being• Take sincere action• Develop and implement policies on post-accident

communications with:• an injured claimant• damaged property owners• the decedent's family


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ACU BUS CRASH

In November 2011, a bus carrying Abilene Christian University students to a Texas children’s home for a weekend of missionary work lost control on a highway Friday and overturned, killing a 19-year-old student and injuring all 15 other people onboard, four of them critically.


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SPECIALIZED COUNSEL STRATEGY

• Versed in applicable law:

• Preserve corporate and insurance assets• Focus on client’s interests and public perception• Understand how it will all play out in front of a jury

Contractual Insurance Discovery Evidentiary Privilege Liability Damages


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WEST, TEXAS EXPLOSION

In April 2013, a fire at West Fertilizer Co. ignited stores of ammonium nitrate that detonated with the force of a small earthquake. Fifteen people died. Hundreds more were injured.


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INVESTIGATION

Analyze all evidentiary sources

• Equipment• Documents, texts, emails• Witness statements• Photographs/video• Clothing/protective gear• Biological evidence• Fire evidence

Involve specialized

counsel immediatel

y

• Attorney client privilege• Work product doctrine• Control potential liabilities

• Preserve evidence• Avoid spoliation• Give timely legal notices


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HUNTSVILLE CHAMBER OF COMMERCE


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MEDIA RESPONSE

• First hours after a crisis are critical from a liability management standpoint

• Ensure that your client is in the best position to defend its interests

• Be respectful to those that have been harmed

• Portray your company as a good corporate citizen

• Rebuild your client’s image• News coverage may not be

nationwide, but still plays a vital role in influencing the community


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LISTERIA OUTBREAK

In 2002, Pilgrim's Pride Corp. recalled 27.4 million pounds of ready-to-eat chicken and turkey products in the largest meat recall in the nation's history after testing found the presence of listeria monocytogenes. The bacteria causes an estimated 2,500 cases of flu-like illness and 500 deaths annually.

In 2011, Jensen Farms grew listeria-contaminated cantaloupe in an outbreak that killed 33 people nationwide and sickened hundreds more

http://www.denverpost.com/portlet/article/html/imageDisplay.jsp?contentItemRelationshipId=5438249


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SETTLEMENT STRATEGY

Ensure the plaintiff or representative has authority to settle a claim and is competent

Do not jeopardize coverage with your own carriers or carriers who may owe you additional insurance Preserve subrogation rights and the ability to proceed against any other potentially culpable parties

Always have a non-admission of liability clause in the settlement agreement

Levi G. McCathern, [email protected]

Paul A. [email protected]

214.741.2662