StudioCF: Changes to Removal and Remand Procedures for Civil Actions

StudioCF: Changes to Removal and Remand Procedures for Civil Actions
This episode of StudioCF features a conversation between Carlton Fields shareholders Dave Walz and Penelope Dixon regarding the Federal Courts Jurisdiction and Venue Clarification Act of 2011 ("FCJVCA").

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education

Mercer University School of Law (J.D., 2000)
Alcorn State University (B.A., 1997), summa cum laude

related practices

related industries

bar admissions

Florida

court admissions

Florida State Courts
U.S. District Court, Middle District of Florida
U.S. District Court, Northern District of Florida
U.S. District Court, Southern District of Florida
U.S. Court of Appeals, Eleventh Circuit

Penelope A. Dixon

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pdixon@carltonfields.com

Tampa

T: 813.229.4335

F: 813.229.4133

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Penelope Dixon practices in products liability and general commercial litigation and handles all aspects in civil litigation in both state and federal court for both foreign and domestic clients. Her primary practice focuses on the defense of individual and mass tort personal injury and wrongful death actions involving products including, but not limited to, pharmaceuticals, medical devices, tobacco, automobiles, food and supplements. Additionally, she has extensive experience in representing mortgage lenders and creditors in lender liability, loan servicing, and mortgage foreclosure litigation. Ms. Dixon handles all aspects of pre-trial, trial, and post-trial litigation and has written and argued several summary judgments. Ms. Dixon also is an accomplished and frequently sought after writer and/or speaker on various topics, including removal and remand procedures, hot topics in products liability litigation, and trial strategies.

Watch: Penelope Dixon discusses the Federal Courts Jurisdiction and Venue Clarification Act of 2011 ("FCJVCA").

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Representative Experience

Gomez v. Pfizer, Inc., No. 09-22700-CIV, 2010 WL 4102922 (S.D. Fla. Oct. 18, 2010) (plaintiff alleging failure-to-warn claims regarding an over-the-counter product must respond to discovery and provide the specific warnings language that allegedly should have accompanied the product).
Jovine v. Abbott Laboratories, Inc., No. 11-CV-80111, 795 F. Supp. 2d 1331 (S.D. Fla. 2011) (granting motion to dismiss intentional and negligent misrepresentation, breach of express and implied warranty, breach of contract, Florida Deceptive and Unfair Trade Practices Act, and unjust enrichment claims in a class action).
Jovine v. Abbott Laboratories, Inc., No. 11-CV-80111, 2011 WL 1337204 (S.D. Fla. Apr. 7, 2011) (defendant properly removed and established diversity jurisdiction under the Class Action Fairness Act of 2005 to overcome plaintiff’s judicial estoppel argument and attempt to remand)
Krywokulski v. Ethicon, Inc., No. 8:09-CV-980-T-30MAP, 2010 WL 326166 (M.D. Fla. Jan. 21, 2010) (granting motion to dismiss negligence claims under Iqbal and Twombly).
Gomez v. Pfizer, Inc., 675 F. Supp. 2d 1159 (S.D. Fla. 2009) (granting motion to dismiss claims of negligence and strict liability under Iqbal and Twombly).
Wolicki-Gables v. Arrow Int’l, Inc., 641 F. Supp. 2d 1270 (M.D. Fla. 2009) (granting summary judgment under Riegel preemption, learned-intermediary doctrine, and failure to present expert proof).
Wolicki-Gables v. Arrow Int’l, Inc., No. 8:08-CV-151-T-17MSS, 2008 WL 2773721 (M.D. Fla. June 17, 2008) (granting motion to dismiss claims of strict liability and negligence under Twombly).
McDonald v. Ford Motor Co., et al. (2007) Represented Ford Motor Company in a catastrophic injury case. A 5-year old child was alleged to have suffered enhanced injuries as a result of an alleged improper anchoring system for a child car seat. Plaintiff's jury demand was in excess $20 million dollars. After a three week trial, the jury returned a full defense verdict in less than half a day.
McNeil-Miller et al. v. Ford Motor Company, et al.; Hawthorne v. Ford Motor Company, et al. (2006) Represented Ford Motor Company in a consolidated rollover products liability action. Plaintiffs, a 19-year old paraplegic, 18-year old suffering from alleged brain injuries and his 8-month old son (ages at the time of the accident) claimed defective handling and stability and restraints in an Explorer. After a three week trial, a state court jury rendered a unanimous defense verdict despite their claims.

Publications

01.06.2012	Client Alert: “Changes to Removal and Remand Procedures for Civil Actions” (January 6, 2012).
10.07.2007	Co-Author, "Removal After Lowery v. Alabama Power Co.: A Whole New Bag of Tricks," FDLA's The Trial Advocate Quarterly (Fall 2007).
04.01.2006	Co-Author, “Removal,” FDLA's Trial Advocate Quarterly (Spring 2006), and FDLA's The Defense Speaks (April 2006).
01.01.2006	Co-Author, “Alaska Law Regarding the Restatement and Pharmaceutical and Medical Device Products Liability,” ABA Section of Litigation, Products Liability Committee, Pharmaceutical, Biological, and Medical Devices Subcommittees’ Annual Survey Publication (January 2006).
12.12.2002	Co-Author, “Developments from Around the States,” and Column Editor, National Labor Law Newsletter, The Employment Law Strategist (December 2002).

Speaking Engagements

“Changes to Removal and Remand Procedures for Civil Actions,” American Bar Association, 13th Annual Women in Products Liability CLE Seminar, Boston, MA (November 15, 2012)
“Social Media and Consumer Product Incident Databases: Navigating Your Legal Practice and Your Clients through the Sea of Social Discourse,” American Bar Association, 11th Annual Women in Products Liability CLE Seminar, New York City, NY (November 12, 2010)
“2009 Products Liability Year-in-Review,” at the ABA Section of Litigation’s Environmental, Mass Torts, and Products Liability Litigation Committees Joint CLE Seminar (January 28-30, 2010)
"Expert Discovery," The Florida Bar Continuing Legal Education Committee and the Young Lawyers Division, Basic Discovery 2008, Tampa, FL (May 9, 2008)
"Client Development 101 in the 21st Century," American Bar Association, 8th Annual Women in Products Liability Meeting, New Orleans, LA (October 2007)
"Trial Techniques for the 'Bet the Company' Case," American Bar Association, Tort & Trial & Insurance Practice Section, 2007 Emerging Issues In Motor Vehicle Products Liability Litigation, Phoenix, AZ (March 2007)
"Making the Right Pitch - How to Make it to the Big League by Avoiding a Rain Delay," ABA Environmental, Mass Torts, & Products Liability Litigation Committees Joint CLE Seminar, Snowbird, UT (January 2007)
"Improving Your Federal Practice," George Edgecomb Bar Association (November 2006)
“Business Development Practice Management, & Personal Satisfaction in The First 10 Years: What Young Lawyers & Their Mentors Can Do Now,” American Bar Association, 7th Annual Women In Products Liability Meeting, Las Vegas, NV (September 2006)
“Trial Errors through the Eyes of the Appellate Bench,” American Bar Association, 5th Annual Women In Products Liability Meeting, New York City, NY (November 2004)
“Take Stock in Children College and Careers Fest,” Hillsborough Community College, Tampa, FL (April 26, 2003 and April 24, 2004)

Professional Recognition

AV Rated by Martindale-Hubbell
Recognized as a 2011 “Most Powerful and Influential Women” award recipient by the National Diversity Council
Selected for inclusion in Florida Super Lawyers (2013)
Selected for inclusion in Florida Super Lawyers Rising Stars (2010)
Selected as one of Tampa Bay Business Journal’s 2008 Up & Comers Awards
Recognized for support by Florida State Conference NAACP Area IX Legal Redress Initiative (April 2005)
National Association of Women Lawyers Outstanding Woman Law Student Award
Mercer University Moot Court Board

Professional and Civic Activities

American Bar Association
Section of Litigation
Products Liability Committee
Pharmaceutical Subcommittee
Women in Products Liability Subcommittee
Consumer Products Subcommittee, Co-Chair and Regional Meeting Planning Committee (2008-2011)
Corporate Counsel Subcommittee Liaison (2012- present)
National Bar Association
Commercial Law Section (2013)
The Florida Bar
Thirteenth Judicial Circuit Grievance Committee (2013)
Hillsborough County Bar Association
George Edgecomb Bar Association
Banquet Committee (2002)
Scholarship Committee (2003, 2011)
Social Committee, Co-Chair (2003, 2004)
Thirteenth Judicial Circuit Pro Bono Committee (2008-2009)
Leadership Tampa Class (2008)
National Association for the Advancement of Colored People
Hillsborough County Chapter
Legal Redress Committee, Chair (2003-2006)
Hillsborough Reads
B.C. Graham Elementary School, Volunteer Tutor (2002-2003)
Big Brothers/Big Sisters of Tampa Bay
Bowl for Kids Sake (2002, 2003)
American Diabetes Association
America’s Walk for Diabetes, Team Member (2003-2007)

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