Anita K. Modak-Truran is a lawyer practicing class actions, commercial litigation, drug and device litigation and 8 other areas of law. Anita received a B.A. degree from Gustavus Adolphus College in 1984, and has been licensed for 39 years. Anita practices at Butler Snow LLP in Nashville, TN.
Reviews for Anita
Services
Areas of Law
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Class Actions
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Commercial Litigation
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Intellectual Property
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Other 8
- Drug and Device Litigation
- Drug and Device Litigation - Trials
- Entertainment and Media
- Intellectual Property & Technology
- Intellectual Property Litigation
- Pharmaceutical, Medical Device and Healthcare
- Product Liability Law
- Tort & Personal Injury
Practice Details
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Firm InformationPositionAttorneyFirm NameButler Snow LLP
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Representative Cases & TransactionsCasesExperience: Anita's legal experience encompasses the representation of some of the world's preeminent Fortune Global 500 corporations to established
upcoming entertainment businesses in film, television
music to cutting-edge start-up companies. Her work spans deal-making, national litigation management, trial work
appellate litigation. Highlights include: Selected Trial Experience: Tried product liability action involving multiple pelvic mesh medical devices in Pennsylvania state court.
Tried product liability action involving pelvic mesh medical device in Arizona federal court.
Obtained defense verdict for chemical supplier in multi-million dollar litigation involving commercial
product liability claims by Canadian manufacturing company.
Obtained a multi-million dollar verdict for plaintiffs in wrongful death action involving railroad negligence.
Obtained defense verdict on design
construction claims concerning Chicago's former State Street Mall.
Tried high-profile matter involving First Amendment
national security issues concerning the 1996 Democratic National Convention in Chicago.
Tried Commerce Clause challenge to Chicago spray paint ban, which was upheld by the U.S. Court of Appeals for the Seventh Circuit in National Spray Paint & Coatings Assn. v. City of Chicago, 45 F.3d 1124 (7th Cir. 1995).
Obtained defense verdict in negligent police pursuit action.
Obtained judgment notwithst
ing the verdict in policy matter involving firearms.
Selected Appellate Experience: Anderson v. LaVere, 2014 Miss. LEXIS 119 (Miss. 2014) (briefed
argued for Sony Music Entertainment). Mississippi Supreme Court upheld summary judgment in favor of defendants on statute of limitations in an ownership claim involving photographs of blues musician, Robert Johnson
Bryant v. Wyeth, 816 F. Supp. 2d 329 (S.D. Miss. 2011), aff'd, 2012 U.S. App. LEXIS 18657 (5th Cir. Sept. 5, 2012) (briefed for defense). Fifth Circuit upheld summary judgment in manufacturer's favor in Prempro litigation because the plaintiff filed the action more than three years after wife's cancer diagnosis, the discovery rule did not apply
fraudulent concealment statute did not toll the limitations period.
Smith v. Johnson & Johnson, Civil Action No. 3:08cv245, 2011 U.S. Dist. LEXIS 98719 (S.D. Miss. Aug. 31, 2011), aff'd, 2012 U.S. App. LEXIS 16000 (5th Cir. Aug. 2, 2012) (briefed & argued for defense). The Fifth Circuit upheld summary judgment in manufacturer's favor in a vaginal mesh user's suit seeking 20 million for injuries allegedly caused by the product, ruling her surgeon admitted he knew of the risks involved. The appeals court also found the lower court was not wrong to strike two of plaintiff's expert reports
to deny the inclusion of another physician as an expert in the case.
Travis v. Irby, 326 F.3d 644 (5th Cir. 2003) (briefed & argued). Fifth Circuit vacated the district court's entry of summary judgment in favor of railroad, because court lacked subject matter jurisdiction.
Ayres v. City of Chicago, 125 F.3d 1010 (7th Cir. 1997) (briefed & argued for defense). Judge Posner, writing for the Seventh Circuit, upheld First Amendment challenge to Chicago's Peddlers' Ordinance, which prevented plaintiff from advocating the legalization of marijuana by selling T-shirts conveying her message at festivals such as the Taste of Chicago that the City sponsors in Grant Park
Schilling v. City of Chicago, 1 F.3d 494 (7th Cir. 1993) (briefed & argued for defense). Seventh Circuit rejected due process
equal protection challenge to l
scaping ordinance brought by residents claiming constitutional rights in natural l
scapes.
Other: Representing major
independent motion picture, music
media companies in copyright
trademark litigation.
Serving as production
post-production legal counsel for independent film companies from around the United States.
Representing film
television producers
companies on management
monetization of intellectual property assets.
Counseling
providing business services to entertainment
media companies, authors, artists
musicians, including negotiating
drafting production, distribution, literary option, franchise
other agreements.
Counseling companies on copyright
trademark issues in day-to-day operations.
Working with start-up companies on intellectual property matters
coordinating with state agencies to promote growth of local businesses.
Representing pharmaceutical
medical device manufacturers in mass tort
individual cases pending in various state
federal venues, including Alabama, Arizona, California, Florida, Illinois, Louisiana, Mississippi, New Jersey, New Mexico, Tennessee, Texas, Utah
West Virginia.
Producing, directing
writing legal documentaries for high-stakes mass tort
commercial litigation.
Experience
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Bar Admission & MembershipsAdmissions1987, Illinois
1999, Mississippi
2014, Tennessee
U.S. District Courts
Illinois: Northern
Mississippi: Northern, Southern
U.S. Court of Appeals
5th Circuit
7th Circuit
U.S. Supreme Court
Mississippi Band of Choctaw Indians Tribal Court
MembershipsAssociations
American Bar Association
Intellectual Property Section
Minority Counsel Program
American Bar Foundation
Fellow
Defense Research Institute (DRI)
Intellectual Property Litigation Committee
Copyright Specialized Litigation Group
Former Chair
Trademark Litigation Group
Commercial Litigation Committee
Federation of Defense and Corporate Counsel (FDCC)
Member
Fifth Circuit Bar Association
Litigation Counsel of America
Fellow
The Trial Law Institute
Advisory Board
Media Law Resource Center
Entertainment Law Committee
Mississippi Bar Association
Intellectual Property Section
Former Chair
Tennessee Bar Association
Intellectual Property Law Section
Entertainment and Sports Law Section
Tennessee Intellectual Property Law Association (TIPLA)
Former President, 2017-2018
Board of Directors
Tennessee Volunteer Lawyers & Professionals for the Arts
The Recording Academy
Grammy Member
Trial Attorneys of America
Secretary
Board of Directors
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Education & CertificationsLaw SchoolLoyola University Chicago School of Law
Class of 1987
J.D.
Dean's List, Loyola Law Journal, Student Articles Editor, National Moot Court Team, National Mock Trial Team, Regional Champion, Lewis F. Powell Medal for Excellence in Advocacy, American College of Trial Lawyers, Leadership and Service Award
Other EducationGustavus Adolphus College
Class of 1984
B.A.
History, cum laude
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Personal Details & HistoryAgeBorn in 1962
1962
Anita K. Modak-Truran
The Pinnacle at Symphony Place150 3rd Avenue South, Suite 1600Nashville, TN 37201U.S.A.
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