Schedule/Sessions

Breakfast

Welcome

The Reptile Theory: Claim, Pretrial and Trial Tactics Preparation of Company Witness

• Speakers:

• Pamela Bracher, American Trucking Associations

• Joseph Pappalardo, Gallagher Sharp, LLP

The Reptile Theory is a program designed by a leading jury consultant and successful plaintiff lawyer which seeks to appeal to the primal instincts of jurors. Reptile strategies are especially important to be aware of and to understand in order to properly defend a case. You will learn: (1) how to recognize when you’re up against a top attorney and/or one that is using special techniques designed to inflame jurors; (2) what strategies to employ when it appears you’re being faced with a Reptile claim and lawsuit; and (3) steps you can take to develop your defense proactively so that when the inevitable big demand shows up you’re ready to effectively defend the case.

Break

Effective Deposition Management

• Speakers:

• Diane Messerschmitt, Triton Claims Management, LLC

• John Stiff, Stiff, Keith & Garcia, LLC

This course deals with the steps and decisions claims professionals, in close cooperation with defense counsel, take to effectively manage the most essential information-gathering tool in the litigation process: the deposition. Who to depose, when to take the deposition, planning to optimize information gained through the deposition and dealing with the depositions taken by plaintiff counsel will all be addressed in the context of commercial auto litigation.

Lunch

Spoliation of Evidence Issues

• Speakers:

• Floyd Cottrell, Rawle & Henderson

• Misti Ramirez, EMA Risk Services

This course deals with the identification and preservation of evidence relating to a trucking accident, including electronically-recorded data, and the consequences of a failure to do so. The course will discuss the circumstances in which a duty to preserve evidence can arise; how the claims professional and defense counsel can protect against a spoliation claim; using and responding to preservation letters; how to affirmatively pursue the preservation of evidence in the custody of adverse parties which is critical to the formation of a defense; and the remedies available in a spoliation claim.

Break

Advanced Settlement and Mediation Strategies for Transportation Claims

• Speakers:

• Bert Dizon, Cardinal Captive Strategies

• Jim Foster, Cassiday Schade LLP

A significant number of transportation cases are settled prior to trial.  For all cases, the transportation company, claims professional and defense attorney must have an agreed upon, and laser focused, exit strategy for each and every case. This course will outline settlement and mediation strategies which can be utilized to effectively resolve transportation claims pre-trial. The course will explore strategies such as the empathic approach which has been utilized pre-suit to meet with the family and establish a rapport, voluntarily providing the plaintiff (s) with a copy of all documents that would have produced by the defense in discovery if suit had been filed, including the download of the electronic control module (“ECM”), and mediation. The course will expand upon how the selection of the mediator and the timing of the mediation are crucial to a successful resolution and how the use of physical evidence of the vehicles, speed calculations and biomechanical testing can be persuasive in the mediation of a transportation case.