Schedule/Sessions
SESSION 1 - To Mock or Not to Mock: Can You Really Improve The Odds with Mock Trials and Focus Groups?
Mock trials, focus groups, and other jury research provide litigants with powerful tools to maximize their chances of success in any given litigation. This presentation will provide insight into how to effectively use these techniques to increase your chances of winning. The beginning of this presentation will focus on one of the primary ways in which jurors make decisions – through the use of mental shortcuts known as “decision making biases.” By understanding these “decision making biases,” the parties to a lawsuit can tailor their messages in persuasive ways that will increase the chances of winning. The middle of this presentation will address some of the specific jury research tools available to litigants, including cost-effective methods such as on-line jury research. The panelists will also provide some specific examples of “success stories” demonstrating how jury research has been effective in particular cases. The end of this presentation will address some of the legal issues surrounding the use of mock trials and focus groups, including confidentiality issues and the potential for recovering costs and fees associated with conducting a mock trial exercise.
SESSION 2 - Asbestos Litigation - The Bad Penny That Will Not Go Away
- Speakers:
James Abbott, Litchfield Cavo LLP
Victor Hertz, Legal Language Services
Charles Stoll, Sedgwick
The Panel will provide an update or “state of the union” regarding asbestos claims across the country, including an in depth discussion of recent developments in the hotbed venues and “judicial hellholes.” The Panel will address why asbestos filings have continued to be prevalent despite the fact that less people are developing asbestos related diseases such as mesothelioma. The Panel will also discuss issues involving the plaintiff’s bar’s continual efforts to forum shop and how the courts are dealing with removal/ forum non conveniens issues. Additionally, the Panel will update the audience regarding recent verdicts, case law and trends throughout the country, highlighting which defense arguments have been successful and which have not. Lastly, the Panel will address litigation and defense strategies, such as the chrysotile defense, low dose exposure and causation arguments, and state of the art defenses. The audience should find this information useful in getting caught up on the latest developments and defense strategies in combatting asbestos claims.
SESSION 3 - Products Liability and The Workers' Compensation Bar. Can I Really Sue My Employer?
- Speakers:
Dawn Dezii, Margolis Edelstein
M. Kathryn Rogers, PruittHealth, Inc.
Patrick White, Kershaw White
This is an interactive panel discussion focusing upon direct action litigation against employers, by employees. There are instances wherein an employee can proceed with a third party tort claim against his/her employer which may involve products liability or other conduct. For example, there are pieces of equipment, which if not operated, maintained, up graded, inspected, after they leave the manufacturer’s hands, become the responsibility of the employer. How that employer operates its business, and the practices its puts into place may arise to such a level as to allow that conduct to be deemed willful, wanton, or grossly negligent, when someone is injured. What type of conduct is necessary to allow an employee to bring suit against his/her employer. There are also well established exceptions to the Workman’s Compensation bar, such as Jones Act claims, and other evolving claims which may state courts are facing. This session will look at not only these defense of these claims, but also the insurance coverage aspect of these claims.
SESSION 4 - The Use of 3D Scanning In the Defense Of Product Liability Cases: Practical Issues, Discovery and Admissibility At Trial
- Speakers:
Timothy Gross, Sompo International Insurance
Charles Smart, Triumph Motorcycles Ltd
Robert D. Sullivan, Self Employed
This lecture will explain how 3D scanning is used to measure accident scenes, accident products and other evidence in product liability lawsuits. Our goal is to explain how state-of-the-art 3D scanning is use to present evidence at trial. In addition, we will discuss pitfalls to be avoided during data collection and the discovery process.
3D scanning is becoming an indispensable tool in the investigation of product liability claims and in the defense of product liability lawsuits. 3D scanning is the most accurate way to measure accident products and accident scenes. 3D scanning is a convenient method for preservation of evidence. Anyone who handles product liability claims should be familiar with 3D scanning including how 3D Scanning works; its costs and its advantages. This presentation will explain 3D scanning technology operates. We will explain the costs and benefits of 3D scanning. We will address the preconceptions that some claims handlers have about the costs of 3D scanning. We will explain the benefits that 3D scanning his in the preparation of demonstrative aids and trial evidence.
In addition, for those attorneys involved in the defense of product liability cases, we will suggest best practices for discovery compliance with respect to 3D measurements. We will also suggest practices that facilitate the introduction of trial evidence created based on 3D scan measurements.
SESSION 5 - Simplifying through Storytelling: Use of Animations and Graphics In Complex Product Liability Claims
- Speakers:
Chris Egner, Continental Tire the Americas, LLC
Carly Falgout, Bear Mediation
Jeffrey Wheeler, Vector Scientific, Inc.
“If you can’t explain it simply, you don’t understand it well enough.” – Albert Einstein
One of the challenges in product liability claims is how to explain the complex design and/or manufacturing process of a product to a judge or jury (or even a plaintiff) in a way that can be understood simply, quickly and unambiguously. Graphics and animations that effectively “tell the story” of a product can greatly impact case outcomes both in pre-trial negotiations and in trial. But how are they created and when are they appropriate? This panel will discuss the use, cost and transformation of complex scientific testimony regarding manufacturing processes, design, safety features, and product use through graphics and animation. Attendees will experience the process of developing an effective demonstrative aide from the perspective of designer, counsel, and client, and then will engage in an activity to “try their hand” at telling a product’s story to enhance a client’s defense.
No Learning Objectives Available
