2015 Tort Law Conference for Alabama Attorneys - Materials Only
Held in Birmingham, Friday, September 11, 2015
Brought to you by Alabama Law Weekly
This conference featured Jefferson County Circuit Judge Joseph Boohaker along with a faculty of leading Alabama tort law attorneys, who discussed the latest changes and decisions of critical interest to your successful practice.
Highlights from the Conference:
- Effective use of expert and lay witnesses – selection and qualification of expert, preparation of expert, analyzing lay witnesses, and more
- Pursuing what really matters in discovery and trial presentation
- Evaluating a potential product liability case
- A refresher on the recently enacted amendments to the Alabama Rules of Evidence
- Practical tips on evidentiary issues that frequently arise in trial
- Practical tips from a trial judge
- Update on recent significant cases on tort law and evidence issues
- Ethical issues – researching and avoiding conflicts of interest, medical records and HIPAA compliance, and protecting the client’s confidentiality
- Judge Joseph Boohaker, Jefferson County circuit judge, Birmingham
- Thomas Coleman, Jr., Smith, Spires, and Peddy PC, Birmingham
- Chris Glover, Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Montgomery
- Stephen Heninger, Heninger Garrison Davis, LLC, Birmingham
- Jeremiah M. Hodges, Hodges Trial Lawyers, P.C., Huntsville
- Terry McCarthy, Lightfoot Franklin White, LLC, Birmingham
- Scott Salter, Starnes Davis Florie LLP, Birmingham
What Made This Seminar Unique?
- Outstanding faculty. The faculty includes both plaintiff and defense attorneys who are seasoned speakers and recognized as the best in their areas.
- Judge’s perspective. Attendees will hear from Judge Joseph Boohaker, a Jefferson County circuit judge since 2001.
- Valuable updates. A top authority will update attendees on recent case law developments in tort law.
- Practical topics. Attendees will get practical tips on how to pursue what really matters in discovery and trial presentation, how to select and qualify experts, how to use expert reports, and how to evaluate a potential product liability claim.
- Evidence. Attendees will get an update from a leading authority on the recently enacted amendments to the Alabama Rules of Evidence and practical tips on evidence issues that frequently arise in trial.
- Ethics. Attendees will hear about medical records and HIPAA compliance, researching and avoiding conflicts of interest, and protecting client confidentiality.
- Useful resource. Attendees will receive a binder of the materials covered during the seminar and will be able to download the materials after the conference.
Order the materials from this information-packed conference today!
Judge Joseph L. Boohaker became a circuit judge for Jefferson County in January 2001. Judge Boohaker obtained his B.S. in 1976 and his J.D. in 1979 from the University of Alabama. He served as a judicial law clerk to the Judges of the 11th Judicial Circuit in Florence, Lauderdale County, Alabama, from 1979 to 1980. He worked in private practice from 1980 until 2000 before serving as a judge. Judge Boohaker is active in the American Bar Association, the Birmingham Bar Association, and the Circuit Judges’ Association.
Thomas Coleman, Jr., is a partner in Smith, Spires, and Peddy PC in Birmingham. His practice focuses in the areas of personal injury, premises liability, workers’ compensation, industrial accidents, medical malpractice, and trucking accidents. He received a B.A. from Washington & Lee University in 1982. He received his J.D. from the Cumberland School of Law at Samford University in 1987. He was a member of the American Journal of Trial Advocacy from 1984 to 1986. He is a member of the Birmingham and Alabama Bar Associations and Alabama Defense Lawyers Association. He is a practicing member of the U.S. District Courts for the Northern, Middle and Southern Districts of Alabama.
Chris Glover, with the Beasley Allen Law Firm in Montgomery, has dedicated his practice to protecting the rights of survivors of catastrophic personal injury and victims of wrongful death. He has represented injured individuals and their families in a wide range of serious injury and death claims, including those that were the result of defective products; car, commercial truck and workplace accidents; and aviation accidents. He has litigated numerous cases that have resulted in verdicts or settlements in excess of $1 million. He was lead counsel on a $4.7 million verdict against seatbelt manufacturer Key Safety Systems. The verdict was significant because it is one of the only verdicts of its type against an automobile component manufacturer. A frequent lecturer, Mr. Glover has spoken across the country on issues concerning commercial truck litigation, defective products, trial skills, and effective leadership. He has authored more than 50 papers for publication and presentation to various lawyer organizations. He graduated from Cumberland School of Law and practiced law in Birmingham for a number of years prior to joining Beasley Allen in 2008. He has been elected officer to numerous professional associations, including the Chair of the American Association for Justice New Lawyer's Division and Chair of the Emerging Leader's Division of the Alabama Association for Justice. He served as President of the Southern Trial Lawyers Association through March 2012. In 2011 and again in 2013, he was selected as Beasley Allen's Lawyer of the Year for the Products Liability section. He was named to the Super Lawyers "Rising Stars" list in 2011, 2012, 2013 and 2014 and to the Super Lawyers list in 2015.
Stephen Heninger with Heninger Garrison Davis, LLC in Birmingham, earned a B.A. from the University of Illinois in 1972. After spending two years as a Lieutenant in the U.S. Army, he earned his J.D., summa cum laude, from Cumberland School of Law at Samford University in 1977. He served as a law clerk to the Honorable James H. Hancock, District Judge for the Northern District of Alabama, before beginning his practice as a trial lawyer specializing in the litigation of personal and commercial tort actions. He authored Bad Faith in Alabama: An Infant Tort in Intensive Care in the Alabama Law Review. He has served as President of the Birmingham Bar Association and the American Board of Trial Advocates (ABOTA) Alabama Chapter. He received the ABICLE Walter P. Gewin Award for service to the bar in 1993. He has been listed by Super Lawyers as one of the Top 10 Lawyers in Alabama for the past four years. He has been listed in Best Lawyers® in America since 1991. He has written numerous papers and lectured throughout the country on trial advocacy skills, and strategy at venues including: Harvard School of Law, Stanford School of Law; Georgetown School of Law; University of New Mexico School of Law; University of North Carolina School of Law; University of Tennessee School of Law; University of Miami School of Law; University of Alabama School of Law; and Cumberland School of Law. He is a “master bencher” with the Birmingham Inns of Court and a “fellow” of the Alabama Law Foundation, which limits its membership to the top 1% of the State Bar.
Jeremiah Hodges, with Hodges Trial Lawyers, P.C. in Huntsville, handles personal injury lawsuits and civil litigation, both plaintiff and defense. He received his J.D. from the University of Alabama School of Law, where he was a member of the National ATLA Trial Team and the National Civil Trial Competition Team. He also received the George Peach Taylor Award for Trial Advocacy and the American Judicature Society Award. Mr. Hodges served as the Chair of the Emerging Leaders for the Alabama Association for Justice and President of the Huntsville Young Lawyers. In 2011, 2012, and 2013, he was chosen as a Super Lawyers Rising Star. He received the AVVO.com rating of Superb with a score of 10.0 out of 10.0. He was also selected by the National Trial Lawyers as one of the top 40 lawyers in Alabama under 40 in 2012 and 2013. In 2012, the Society of Legal Advocates named him as one of its Top 40 Lawyers under 40.
Terry McCarthy joined Lightfoot Franklin White LLC in Birmingham in 1999 after graduating first in his class at the University of Alabama School of Law, and he quickly earned a reputation for being "the Dean of Evidence." After working for two years in law school as a research assistant for Dean Charles Gamble, the "Godfather" of Alabama evidence, Mr. McCarthy quickly put this knowledge to use in the courtroom. He has not only been involved as counsel of record in numerous arbitrations, jury trials, and bench trials within Alabama, but he has also served as lead counsel in various matters in more than 20 states throughout the country. His accomplishments have been recognized in various ways, such as an AV Peer Review Rating from Martindale-Hubbell and being listed multiple times in the Alabama edition of Super Lawyers for civil litigation defense. He has taught Evidence courses at Birmingham School of Law (where he has been selected by the students as Professor of the Year on several occasions), the University of Alabama School of Law, and Cumberland School of Law. He was appointed by the Alabama Supreme Court to serve on the Advisory Committee to the Alabama Rules of Evidence, in which he serves as co-chair of the sub-committee on Hearsay. In the summer of 2012, Mr. McCarthy joined Charles Gamble and Robert Goodwin as co-author of McElroy's Alabama Evidence and Gamble's Alabama Rules of Evidence, the leading treatises on Alabama evidence. He routinely gives CLE presentations on evidentiary issues. In addition to his trial experience, his appellate practice has expanded. He received his bachelor of business administration (finance) degree from Auburn University and his J.D., summa cum laude, from the University of Alabama School of Law, where he was named to the Order of the Coif and was a member of the managing board of the Alabama Law Review and a member of the Jessup International Moot Court Team.
Scott M. Salter is a partner in the Birmingham-based law firm of Starnes Davis Florie LLP. He primarily practices in the areas of direct representation of insurance companies and medical malpractice defense. He has worked for insurance companies and private corporations in insurance matters, providing coverage opinions, as well as prosecuting declaratory judgment actions and defending breach of contract, bad faith, and fraud suits. In the area of medical malpractice defense, Mr. Salter defends doctors, hospitals, and other healthcare professionals. He has also handled cases in other areas, including commercial litigation and general litigation. Mr. Salter has tried almost 50 complex cases to a jury verdict. He is the current chair of the Healthcare Section of the FDCC. He is a member of the American Board of Trial Advocates and is currently the Alabama representative to the national board of ABOTA. He has been selected for inclusion in Best Lawyers in America® since 2010 and was named an Alabama Super Lawyer in 2012, 2013 and 2014. He is a frequent speaker in the areas of trial tactics, ethics, insurance issues, and defense of medical malpractice litigation. He earned his undergraduate degree and J.D. from the University of Alabama.
2015 Tort Law Conference for Alabama Attorneys - Agenda
How to Use Expert and Lay Witnesses Effectively
8:30 a.m. to 9:30 a.m.
Smith, Spires, and Peddy PC
- Red flags and flaws to look for
- Selection and qualification: Experience/qualifications/background
- Working with different experts
- Preparation of experts
- Expert deposition techniques
- Using expert reports
- Analyzing lay witnesses
- Taking the plaintiff's deposition
- Past lawsuits
- Which witnesses should be deposed (and which ones should not)
- Case law update
Pursuing What Really Matters in Discovery and Trial Presentation
9:30 a.m. to 10:30 a.m.
Stephen D. Heninger
Heninger Garrison Davis, LLC
- Selecting an effective theme that matters
- Avoiding chasing rabbits
- Focusing on finding your voice for what really matters
10:30 a.m. to 10:45 a.m.: MORNING BREAK
10:45 a.m. to 11:30 a.m.
Lightfoot Franklin White, LLC
- A refresher on the recently enacted amendments to the Alabama Rules of Evidence
- Practical tips on evidence issues that frequently arise in trial
- An update on recent cases from the Alabama appellate court on evidence issues
11:30 a.m. to 12:45 p.m.: LUNCH (on your own)
Tort Law Update
12:45 p.m. to 2:00 p.m.
Starnes Davis Florie LLP
Mr. Salter will review recent significant cases from the Supreme Court of Alabama and the Alabama Court of Civil Appeals that affect the practice of Alabama tort lawyers. He will give the case’s holding and explain its significance.
Ethical Issues Faced by Attorneys in Tort Law Cases
2:00 p.m. to 3:00 p.m.
Hodges Trial Lawyers
- Researching and avoiding conflicts of interest
- Attorney fees
- Medical records and HIPAA compliance
- HIPAA orders
- Protecting confidentiality
3:00 p.m. to 3:15 p.m.: AFTERNOON BREAK
Tips from a Judge: Mistakes to Avoid
3:15 p.m. to 4:15 p.m.
Judge Joseph L. Boohaker
Jefferson County circuit court
- How a witness ruins a "good" case
- Expert witnesses
- Introducing evidence at trial
- The proper way to object in court
- Learning when not to object
- When is a side bar appropriate?
How to Spot a Product Liability Claim
4:15 p.m. to 5:15 p.m.
Beasley Allen Law Firm
Mr. Glover has tried product liability claims throughout his career. These cases can be extremely complex and tedious, so it is important to evaluate them thoroughly and correctly. Good first questions for attorneys to keep in mind when evaluating a potential product liability case include:
- Whether or not the client has a catastrophic injury,
- Whether the client or attorney has the product accused of causing the injury in question available for examination, and
- Whether or not the claim is within the statute of limitations and statute of repose.
What previous attendees have to say about the Tort Law Conference for Alabama Attorneys:
- “All the speakers were excellent.”
- “The speakers provided relevant information.”
- “I like the open format allowing attendees to ask questions.”
- “I liked the selection of topics.”
- “I enjoyed Judge Boohaker’s presentation.”