Elaine M. Stoll

Associate

Elaine Stoll focuses her litigation defense practice on critical motions and briefs in high-exposure cases nationwide, during all phases of litigation, and on the deep-dive legal research and analysis driving case evaluation, litigation strategy, and motions. She has won “million-dollar motions,” achieving judgment as a matter of law for clients on high-risk claims (e.g. punitive damages, negligent hiring, strict liability for ultra-hazardous activity); excluded key plaintiffs’ evidence from trial via Daubert and Frye motions and motions in limine; and successfully defended defense judgments through appeal. Elaine is regularly enlisted to analyze and brief questions of first impression or unsettled law; to challenge and defend admissibility of expert opinions and scientific or technical evidence; and to translate nuanced legal arguments and difficult but important medical, engineering, scientific, and technical concepts into lay terms. She has authored motions and briefs filed in eighteen states.

Elaine has significant experience defending catastrophic injury and wrongful death claims against motor carriers and commercial drivers, product liability claims against truck and bus manufacturers, and brain injury claims.

Professional Details

Case Decisions

Presentations & Articles

Affiliations

  • The American Society of Legal Writers
  • DRI
  • American Bar Association

Education

  • J.D., cum laude, University of Cincinnati College of Law
  • B.A., Government, Smith College

Admissions

  • Ohio
  • Kentucky
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Eastern District of Kentucky
  • U.S. District Court for the Western District of Kentucky

Summary Judgment

Wal-Mart Real Estate Bus. Trust v. Kilbuck Properties, L.P., No. GD 08-016376, 2013 Pa. Dist. & Cnty. Dec. LEXIS 2351 (C.P. Allegheny Cty., Pa. Dec. 5, 2013). Won summary judgment for defendant blasting company on Wal-Mart’s strict-liability theory in $60 million suit over landslide that ended construction of retail plaza. Successfully argued that plaintiff who occasions blasting activity may not maintain strict-liability claim because uninvited trespass is required element, a question of first impression.

M.T. v. Saum, 3 F. Supp. 3d 617 (W.D. Ky. 2014). Won summary judgment on punitive damages and negligent hiring in multi-plaintiff bus rollover litigation with medically disqualified driver.

Gosiger, Inc. v. Elliott Aviation, Inc., No. 4:13-cv-00477-JAJ-HCA, 2015 U.S. Dist. LEXIS 178736 (S.D. Iowa Mar. 17, 2015) & 2015 U.S. Dist. LEXIS 178802 (S.D. Iowa May 4, 2015). Won summary judgment on all of plaintiff’s claims and client’s counterclaims and obtained partial attorney fees in breach of contract litigation over damage to aircraft during repair.

 Appeal

Gosiger, Inc. v. Elliott Aviation, Inc., 823 F.3d 497 (8th Cir. 2016). Summary judgment for client affirmed in contract litigation arising from damage to aircraft during repair.

 Punitive Damages

Carrera v. Navistar, Inc., No. 09 L 6483, slip op. (Ill. Cir. Ct., Cook Cty., June 20, 2012). Successfully opposed plaintiffs’ motion to add punitive damages, reducing potential exposure by millions in plaintiff-friendly jurisdiction and precluding onerous punitive damages discovery.

M.T. v. Saum, 3 F. Supp. 3d 617 (W.D. Ky. 2014). Won summary judgment on punitive damages for all three defendants in bus rollover case with bad facts, including medically disqualified driver who misrepresented his condition.

 Daubert

Sorter v. Navistar, Inc., No. 49D07-1207-CT-027130, slip op. at 4 (Ind. Super. Ct., Marion Cty., Aug. 7, 2015). Won Daubert motion to exclude key theory of plaintiff’s fire science expert in case that proceeded to defense verdict

Publications

Rein in the ‘Reptile’ at Trial: Strategies for More Effective Motions In Limine, For the Defense (December 2017) (co-authored)

Truck EDR Data—Strategies to Limit Plaintiffs’ Event-Counter Evidence, For The Defense (December 2016) (co-authored)

Assembling the Trial Record, Pretrial Objections, and Motions in Limine, in How to Try Your First Case (ABA First Chair Press 2014) (co-authored)

Seventh Circuit Report, Daubert Online (Semiannual, Fall 2014–Present)

Hot News Misappropriation: More Than Nine Decades After INS v. AP, Still an Important Remedy for News Piracy, 79 U. Cin. L. Rev. 1239 (2011)

The Family Smoking Prevention and Tobacco Control Act and the First Amendment: Why a Substantial Interest in Protecting Public Health Won't Save Some New Restrictions on Tobacco Advertising, 65 Food & Drug L.J. 873 (2010)

Papers

A Motor Carrier’s Preservation Obligations After an Accident: Beyond the “Save Everything” Approach, Trucking Industry Defense Association 2012 Annual Seminar (co-authored)

Debunking the Myth of 15% Non-Recovery from MTBI: Using Sound Science to Show the True Rate of Complete Recovery, Trucking Industry Defense Association 2010 Annual Seminar, updated 2013 (co-authored)