Personal Injury Law Conference for Tennessee Attorneys - Materials Only
Held at the Nashville School of Law on Thursday & Friday, September 20-21, 2018
Order your materials from this information-packed event!
At this two-day event, judges and attorneys from the defense and plaintiffs’ side will discuss the most critical issues faced by Tennessee attorneys who practice personal injury law.
At this two-day CLE event, you will receive a comprehensive update on:
- The latest trends in product liability law
- How to use medical records effectively when negotiating with an insurance company
- How to prove emotional injuries—parasitic and stand-alone claims
- How a defendant’s conduct may affect an uninsured motorist carrier’s liability
- How to deliver a “mini-opening” during voir dire
- How to finalize Medicare liens and request waivers/reductions
- What is the proper procedure to prove medical bills
- The top mistakes attorneys make in truck cases
- How judges’ conduct may fall below minimum ethical standards
Attendees will also gain valuable CLE credit—12 hours of general CLE and 3 hours of dual CLE.
Our Esteemed Speaker Panel Includes:
Laura Baker, Law Offices of John Day P.C., Brentwood
Brandon Bass, Law Offices of John Day P.C., Brentwood
Eric M. Beasley, Law Office of Eric M. Beasley, P.C., Goodlettsville
Rebecca Blair, The Blair Law Firm, Brentwood
Frank P. Clark, Leitner, Williams, Dooley & Napolitan, PLLC, Chattanooga
Ryan Clark, Lewis, Thomas, King, Krieg & Waldrop, P.C., Nashville
Daniel Clayton, Kinnard, Clayton & Beveridge, Nashville
James Exum, Leitner, Williams, Dooley & Napolitan, PLLC, Chattanooga
Harry Stephen Gillman, Pryor, Priest, Harber, Floyd & Coffey, Knoxville
Sean Hunt, The Hunt Law Firm, Memphis
Michael Johnson, Howard Tate Sowell Wilson Leathers & Johnson, PLLC, Nashville
Chuck Mangelsdorf, MGC Insurance Defense, Nashville
Melanie Stewart, Heaton & Moore, P.C., Memphis
Chris Tardio, Gideon, Cooper & Essary, Nashville
Kimberly White, CaseMetrix, LLC, Atlanta, GA
Your Distinguished Faculty
Laura Baker is a Shareholder with the Law Offices of John Day, P.C., in Brentwood where she handles personal injury, wrongful death, and tort litigation for individuals across the state of Tennessee. In her practice, Ms. Baker represents people who have been seriously injured as a result of the carelessness of others. She also represents families who have suffered the loss of a loved one in wrongful death accidents. In 2015, Ms. Baker was a winner of the Nashville Business Journal’s “40 Under 40” award. She has been selected as a Mid-South Super Lawyer in both 2013 and 2014, and a Mid-South Super Lawyers® Rising Star in 2012. She served as the President of the Lawyers’ Association for Women, Marion Griffin Chapter from 2014-2015. She served as the President of the Lawyers’ Association for Women, Marion Griffin Chapter from 2014-2015. She previously has served this organization in a number of other leadership roles, including as Treasurer from 2012-2013. She is the Chair of the Legislation Committee for the Tennessee Lawyers’ Association for Women. She is also a member of the Bench Bar Committee of the Tennessee Judicial Conference. She is a Barrister of the Harry Phillips American Inn of Court. Ms. Baker is also a member of the Nashville, Tennessee, and American Bar Associations. She was recently selected as one of 28 inaugural members of the Nashville Bar Foundation Leadership Forum. In 2013, she was selected to the Tennessee Bar Association Leadership Law class, an honor reserved for approximately 30 lawyers across the state each year. She is a Barrister of the Harry Phillips American Inn of Court. She is frequently invited to speak to other members of the bar in continuing legal education programs on topics of interest in civil litigation and tort law. Her recent speeches have focused on topics of liability in automobile wreck cases, liquor liability claims, settlements on behalf of minors, and deposition rules.
Brandon Bass, a Shareholder with the Law Offices of John Day, P.C., was named Tennessee Trial Lawyer of the Year for 2017 by the Tennessee Trial Lawyers’ Association. He has previously been selected by Best Lawyers in America for plaintiffs’ personal injury litigation, and as a top rated personal injury lawyer by Super Lawyers.
Mr. Bass serves on the Board of Governors for the Tennessee Trial Lawyers Association. He chaired the organization’s Amicus Curiae Committee, drafting legal arguments on appellate issues important to injury victims, and has served on its Membership, Legislative, and Publications Committees. He is an active member of the American Association for Justice and the Tennessee Bar Association, having worked on the Board of Governors for both groups’ New Lawyers Divisions.
He testified by invitation before the Tennessee Senate Judiciary Committee. He offered insight on a proposed bill that would have increased the already heavy burden on victims of medical negligence. Mr. Bass has analyzed dozens of proposed laws over the years, speaking out to Tennessee’s legislature for people who might be affected by them. Mr. Bass authored multiple articles published in nationwide legal publications, including Putting a Lid on Defense Experts and What Informed Consent? in Trial Magazine. Locally, his articles have been featured in the Tennessee Bar Journal and the Tennessee Trial Lawyer. For years, he also worked as the Associate Editor for two monthly publications on trial and injury law in Tennessee. He wrote for the Tennessee Tort Law Letter, and later for the Tennessee Trial Law Report - Tort Edition.
An oft-requested speaker, Mr. Bass has given more than a hundred speeches to legal groups throughout the Southeast. He has spoken on proving damages for the American Association for Justice, taught trial tactics for the Tennessee and Nashville Bar Associations, provided legal updates for the Tennessee Tort Law Conference, and offered deposition tips for the Alabama Tort Law Conference.
Eric M. Beasley is a primary shareholder of the Law Office of Eric Beasley, P.C. in Goodlettsville, Tennessee. He practices in the area of civil litigation, focusing on automobile injury cases. Mr. Beasley is a frequent lecturer for National Business Institute. He is an inductee for the National Order of Barristers; and a member of the American and Tennessee bar associations, and the Tennessee Association for Justice. Mr. Beasley earned his B.S. degree from the University of Houston and his J.D. degree from Texas Tech School of Law. In addition to litigating claims and resolving injury cases with insurance companies and their lawyers, Eric Beasley is a frequent lecturer for statewide Continuing Legal Education classes and seminars, instructing Tennessee attorneys on handling personal injury damage claims. In addition, many of Eric Beasley's legal articles have been published through national CLE instruction manuals.
Rebecca C. Blair, founder of The Blair Law Firm in Brentwood, has developed an immensely diverse practice in 20 years. She has substantial experience in many aspects of civil litigation, including tort law, insurance coverage litigation, business litigation, and probate litigation. She is listed as a Rule 31 General Civil mediator. She was voted one of the Top 50 Women Lawyers in the Mid-South in 2012 by Mid-South Super Lawyers/Memphis Magazine. She was also elected to Best Lawyers in America® for her work in Business Litigation and Personal Injury Litigation-Plaintiffs. Ms. Blair has been elected by her peers as a Mid-South Super Lawyer in the area of Plaintiff’s Personal Injury Litigation every year since 2009. She is a past president of the Tennessee Lawyers’ Association for Women, a past board member of the Nashville Bar Association and a past chair of the Bench Bar Committee of the Tennessee Judicial Conference.
Frank Clark is an associate in the Chattanooga office of Leitner, Williams, Dooley & Napolitan, PLLC. Prior to coming to Leitner Williams, Mr. Clark was a career prosecutor. He prosecuted felony cases for more than 13 years, starting in his home state of Mississippi, and then in the metro-Atlanta area. He has tried nearly 100 jury trials involving cases ranging from small drug possessions to violent crimes such as rape and murder, including serving as lead trial attorney on multiple death penalty cases. In addition to his trial work, Frank has litigated cases in appellate courts, and successfully presented oral argument before the Georgia Supreme Court on a case of first impression acknowledging law enforcement’s ability to use automated license plate readers. In Georgia, he was the supervising attorney of a trial division at one of the South’s largest District Attorney’s offices. He was responsible not only for his own cases, but for overseeing the prosecution of cases assigned to other attorneys on his team. He has been a regular instructor at law enforcement training academies, teaching police recruits on issues of law, procedure, and courtroom presentation. Mr. Clark earned his B.A. degree from Mississippi College and his J.D. degree from the University of Mississippi School of Law.
Ryan N. Clark, a shareholder at Lewis, Thomas, King, Krieg & Waldrop, P.C., in Nashville. He focuses his practice on the defense of automobile manufacturers in product liability claims pending in Tennessee and throughout the United States. He has also defended manufacturers of home appliances, tires and consumer products. In addition to his product liability practice, Mr. Clark has experience defending a variety of other cases including workplace accidents and commercial matters.
Daniel Clayton, with Kinnard, Clayton & Beveridge in Nashville, was named 2016 Nashville “Lawyer of the Year” in Products Liability Law and 2015 “Lawyer of the Year” in Medical Malpractice Law by Best Lawyers in America®. In addition, Mr. Clayton was named to the 2015 edition of Best Lawyers in America® in the practice areas of Medical Malpractice Law, Personal Injury Litigation and Products Liability Litigation. He has also been selected to Mid-South Super Lawyers® Top 50 Lawyers in Nashville and Top 100 Lawyers in Tennessee. Mr. Clayton is certified as a Civil Trial Specialist and a Medical Malpractice Specialist. Only a few attorneys in the state of Tennessee hold both certifications. He is also a member of the National Trial Lawyers Association, which is a national organization composed of The Top 100 Trial Lawyers from each state. Because of his success and insight, he is a much sought after speaker on the subject of trial practice. He has given presentations across the state of Tennessee, Florida and Georgia not only to other attorneys, but also as a featured speaker at multiple seminars for Tennessee judges. He has tried cases in Alabama, Kentucky and across the state of Tennessee. He has represented clients in Tennessee, Alabama, Kentucky, Georgia, Michigan, Illinois and Florida. He is a Past President of the Tennessee Association for Justice. He also serves on the Board of Governors for the Tennessee Association for Justice, the Medical/Legal Committee for the Nashville Bar Association and is a member of the American Association for Justice. He is a member of the Circle of Advocates and the Nashville Bar Foundation. He was selected as a Senior Counsel member of the American College of Barristers. He was also appointed by the Tennessee Supreme Court to serve as a hearing officer for the Tennessee Board of Professional Responsibility.
James F. Exum, III, is a member in the Chattanooga office of Leitner, Williams, Dooley & Napolitan, PLLC, whose practice focuses primarily on premises liability, motor vehicle liability cases, insurance coverage, breach of contract and other general insurance defense. He also practices in the field of family law. Mr. Exum is a member of the Defense Research Institute (DRI), Brock Cooper Inns of Court, Hamilton County Pachyderm Club, Tennessee Bar Association, Chattanooga Bar Association, State Bar of Georgia, and the Tennessee Council of School Board Attorneys. He earned his B.A. degree from the University of Tennessee at Chattanooga and his J.D. degree from the Cumberland School of Law at Samford University.
Harry Stephen Gillman is a partner with the Knoxville law firm of Pryor, Priest, Harber, Floyd & Coffey, where he practices in the areas of personal injury, employment litigation, family law and domestic relations, family wills and estates, and criminal defense. In addition to these general practice areas, Mr. Gillman has extensive experience in assisting clients with detainer and ejectment actions and helping small business owners establish their existence; draft and interpret contracts; and formulate internal governing documents, partnership agreements, leases, and other items necessary to conduct business on a daily basis with emphasis on their individual need. He has assisted numerous individuals and small businesses against insurance companies in obtaining successful results in fire and theft loss claims and has represented numerous clients in litigation under the Tennessee Consumer Protection Act. Mr. Gillman represents a number of locally owned businesses and individuals in all forms of litigation and representation. Mr. Gillman was selected in 2015 and 2016 as a Mid-South Super Lawyers® “Rising Star.” He has also contributed to the Knoxville Bar Association magazine “Dicta” and has taught numerous Continuing Legal Education seminars ranging from topics such as “Advanced Personal Injury” to “Legal Ethics.” Mr. Gillman has also contributed as a guest legal expert on WBIR 10 News Weekend on Saturday mornings and has been a commentator on Newstalk 98.7. He earned his B.A. degree, summa cum laude, and J.D. degree, cum laude, from the University of Tennessee. Mr. Gillman is a member of the Tennessee Bar Association and an active member of the Knoxville Bar Association and KBA Barristers.
|Sean Antone Hunt is the owner of the Memphis boutique commercial defense law firm, The Hunt Law Firm, where the two-person law firm brings a unique team format to in-house counsel and business clients for their litigation needs. For the past 20 years, he has practiced in the areas of section 1983 litigation, construction litigation, products liability, personal injury, workers' compensation and insurance defense. Recently, Mr. Hunt has become a Rule 31 trained mediator as well. Mr. Hunt has lectured at seminars on his areas of expertise and has conducted several in-house presentations on workers' compensation issues for his firm's clients. He is a member of the American, Tennessee, Memphis, and National (Ben F. Jones Chapter) bar associations, the State Bar of Georgia and The Mississippi Bar. Mr. Hunt is licensed to practice law in Tennessee, Georgia and Mississippi, and has applied for Rule 31 Mediator listing in Tennessee. His firm provides defense for clients all over the state of Tennessee and parts of Mississippi and Georgia. He is currently the chair of the Memphis Bar Association's Technology Section, chair of the Tennessee Bar Association's Construction Law Section, a member of the board of the Memphis Bar Association, and a member of the Memphis Bar Association's Communications Committee where he writes the technology column and various other articles for the Memphis Lawyer Magazine. Mr. Hunt earned his B.S. degree in civil engineering from Tennessee State University and his J.D. degree from Vanderbilt University School of Law.|
Michael H. Johnson is a partner with Howard Tate Sowell Wilson Leathers & Johnson, PLLC, in Nashville. He has more than 20 years of experience defending lawsuits for individuals and businesses. An experienced litigator, Mr. Johnson has tried well over 100 liability cases to successful conclusion. He has a litigation practice involving insurance, personal injury, consumer law, professional liability, and agribusiness litigation. Mr. Johnson has presented a number of continuing legal education programs on various aspects of litigation, and he is the author of A Quick Guide to Tennessee Premise Litigation. He earned his B.A. degree from the University of Tennessee and his J.D. degree from the Cumberland School of Law of Samford University. Mr. Johnson is a member of the Tennessee and American bar associations, as well as the Tennessee Defense Lawyers.
Chuck Mangelsdorf, with MGC Insurance Defense in Nashville, focuses his practice on civil litigation, including commercial vehicle accidents, products liability, criminal acts/negligent security, dram shop, premises liability, sports/recreation liability and professional liability for child care/foster care placement agencies. He has significant experience in defending and trying tractor-trailer collision accident cases. He has tried numerous jury trials to verdict in state and federal courts, and he routinely advocates for clients in mediation and judicial settlement conferences. He speaks on a regular basis to attorneys and risk managers throughout the Southeast on the subjects of Tennessee tort law and transportation law issues. He is a member of the Tennessee Bar Association, American Bar Association (Tort and Insurance Section), Nashville Bar Association, Tennessee Defense Lawyers' Association, and the Defense Research Institute.
Melanie M. Stewart is a member of Heaton & Moore, P.C., in Memphis. She is a frequent speaker to various professional groups on insurance law. Ms. Stewart is a member of the Tennessee Defense Lawyers Association (president, 2010-2011), Defense Research Institute, and The Mississippi Bar. She is licensed to practice in Tennessee and Mississippi. Ms. Stewart earned her B.A. degree from the University of Mississippi and her J.D. degree from the University of Mississippi School of Law.
Chris Tardio, with Gideon, Cooper & Essary in Nashville has extensive experience defending hospitals, physicians, and other healthcare providers in virtually all kinds of professional negligence cases, from pre-suit investigation through trial and appeal. He has represented clients in disputes with federal agencies, state boards, and insurance companies. He has successfully represented parties on both sides of peer review matters – the physician side and the hospital side. He has special interest and experience in the most complex of cases, including multi-district litigation and complex birth injury litigation. He has actively participated in almost a dozen healthcare-related jury trials and administrative trials, including over a half-dozen complex multi-week trials.
Kimberly S. White, Senior VP of Business Development, CaseMetrix, LLC. Prior to co-founding CaseMetrix. Ms. White had 27 years experience as a Litigation Paralegal. After earning a degree in Paralegal Studies in 1982, she worked at an insurance defense firm in North Carolina before relocating to Atlanta in 1984. She began working at an Atlanta insurance defense firm, then known as Fain, Gorby, Reeves & Moraitakis, in 1984, and remained with that firm until 1994. At that point, she began a 15-year freelance career in which she assisted many prominent plaintiff and defense firms in metro Atlanta. Her specialties have included motor vehicle, trucking, premises liability, products liability, medical malpractice and pharmacy malpractice. She co-founded CaseMetrix, a settlement & verdict database, in 2009. That company has since expanded throughout the Southeastern US and is utilized by both plaintiff & defense firms. Ms. White has lectured extensively to Attorneys, Paralegals and insurers sharing her unique perspective with both sides of the Bar.
DAY 1 — Thursday, September 20
Latest Trends in Product Liability Law
8:00 A.M. TO 9:00 A.M.
Lewis, Thomas, King, Krieg & Waldrop, P.C
Let Mr. Clark walk you through the latest trends in personal injury and wrongful death lawsuits against motor vehicle manufacturers alleging unintended acceleration, airbag failures, inadvertent vehicle movement, defective passive and active restraint systems, and seatbelt failures.
9:00 A.M. TO 9:15 A.M.
Legal Ethics and Attorney Speech
9:15 A.M. TO 10:45 A.M.
Howard Tate Sowell Wilson Leathers & Johnson, PLLC
- Rules of Professional Conduct
- Case law/ethics opinions
- Conflicts of interest
- Attorney fees and charges
- Legal ethics and social media
- What Lawyers Can and Cannot Say....
- Online - Law Firm Website, Personal and Professional Blogs, Social Networking Sites, Free Legal Advice Forums, etc.
- About Judges
- To and About Opposing Counsel
Tennessee Tort Law: Case Update
10:45 A.M. TO 11:45 P.M.
Law Offices of John Day, PC
Mr. Bass will review recent cases from the Supreme Court of Tennessee and the Tennessee Court of Civil Appeals that affect the practice of Tennessee tort lawyers. He will give the case’s holding and explain its significance. His written materials give an excellent overview of the latest cases.
11:45 P.M. TO 12:45 P.M.
(INCLUDED WITH REGISTRATION)
Being BRAVE: The Art and Heart of Being a Trial Lawyer
12:45 P.M. to 1:45 P.M.
Kinnard, Clayton & Beveridge
Based upon study and observation of highly regarded trial lawyers, Daniel Clayton will share characteristics these lawyers have in common that is at the very core of their success. In Being Brave, Daniel will cover areas ranging from preparing for trial, communicating with the jury, and knowing when enough is enough.
Social Media in Litigation
1:45 P.M. to 2:45 P.M.
James Exum & Frank Clark
Leitner, Williams, Dooley & Napolitan, PLLC
The use of social media has exploded in the last 10 years, changing the landscape of civil litigation. In today’s age of chat groups, Twitter, and Facebook, social media can be a treasure trove of relevant information for both the plaintiff and defense. The majority of attorneys may not be using social media to their benefit. Collecting and preserving social media poses significant challenges and evidentiary issues that are not always understood or clearly defined by the courts. While social media has changed the way we live, connect, and communicate, the laws and guidance from the courts have been slow to develop. Let Mr. Exum and Mr. Clark give you some tips on how to obtain relevant information from social media and use it to your advantage.
2:45 P.M. TO 3:00 P.M
Effective Practices in Voir Dire
3:00 P.M. to 4:00 P.M.
Heaton & Moore, P.C.
- The rules – peremptory challenges, challenges for cause, and quick cites
- Right to conduct voir dire
- Who cannot serve?
- Disqualification by relationship or interest in case
- Not allowed to exact pledge or make contract with jury
- The “mini-opening”
- First impressions
- Team building
- The road (less traveled)
- Primary objectives
Effectively Communicating with Adjusters: Plaintiff & Defense Perspectives
4:00 P.M. TO 5:00 P.M.
Kimberly S. White
For Plaintiff’s Counsel
- Setting the tone with a customized demand letter
- Dealing with inconsistencies in the Complaint, medical bills, discovery responses & depo testimony
- Focusing on objective value drivers
- Establishing credibility
- Acknowledging deficits while focusing on strengths
- Playing the venue game
- Maximizing egregious citations
For Defense Counsel
- Setting initial reserves
- Approaching insurer’s form reports differently
- Planning an effective deposition
- Implementing post-mediation strategies
- Establishing value drivers
- Avoiding the “call of shame” while obtaining additional authority
- Effectively presenting a settlement offer
DAY 2 — Friday, September 21
Insurance Liens and Subrogation
8:00 A.M. TO 9:00 A.M.
Harry Stephen Gillman
Pryor, Priest, Harber, Floyd & Coffey
- First-party benefits – no-fault personal injury protection (PIP), additional personal injury protection (A-PIP), and uninsured/underinsured motorist coverage
- Tortfeasor’s coverage: Determining coverage, excess coverage, other “deep pockets,” i.e., respondeat superior
- Medicaid/Medicare liens
- Hospital liens
- Workers’ compensation liens
- Determining priority and negotiating the value of liens
Deposing Medical Witnesses
9:00 A.M. TO 10:00 A.M.
Gideon, Cooper & Essary
- Preparing for medical depositions
- Key questions you need to be asking
- Techniques for deposing medical treaters versus medical experts
- Attacking the medical witness in a deposition
- Using the deposition at trial
10:00 A.M. TO 10:15 A.M.
Uninsured and Underinsured Motorists
10:15 A.M. TO 11:15 A.M.
Law Offices of Eric Beasley
- Uninsured v. underinsured motorist
- Identify policies which may apply to afford UM coverage to the plaintiff
- Determine which policies do not apply
- Always attempt to serve the uninsured motorist with process
- Always notify and serve all UM carriers with process
- Serve the uninsured motorist carrier in the manner prescribed by statute
- What if liability limits are offered?
- Dismissal of UM carrier
- Protect the UM carrier’s subrogation interest
- Other states
Effective Motion Practice
11:15 A.M. TO 12:15 P.M.
The Hunt Law Firm
- How to request and secure default judgment
- Issuing or opposing a motion for summary judgement
- Issuing motions after the verdict
- When you can move to withdraw or amend an admission
- Getting a judgement as a matter of law
12:15 P.M. TO 1:15 P.M.
(INCLUDED WITH REGISTRATION)
Rule 12 Motions and the Proper Pleading of Affirmative Defenses
1:15 P.M. to 2:15 P.M.
Law Offices of John Day, PC
- Rule 8 requirements for pleading affirmative defenses
- What is required for comparative fault defenses
- What to do when a nonparty is blamed
- Taking advantage of Tenn. Code Ann. 20-1-119’s extension of the SOL
- Statute of limitations, insufficiency of service of process, and other commonly plead defenses
- Waiver of defenses
- How to use Rule 12 to defend against insufficiently plead defenses
2:15 P.M. TO 2:30 P.M.
Ethical Issues Arising in Personal Injury Cases
2:30 P.M. TO 4:00 P.M.
The Blair Law Firm
- TN Rules of Professional Conduct
- Accepting Representation
- Communication with the Client
- Case investigation
- Case evaluation
- Attorney’s Fees
Truck Accident Litigation
4:00 P.M. TO 5:00 P.M.
MGC Insurance Defense
Truck injury cases are “bigger” than traditional auto accidents – they involve multiple parties, heightened regulations, intensive investigations, and more severe injuries. Mr. Mangelsdorf will discuss some recent trends in trucking litigation law, involving both personal injury and wrongful death. He will walk you through issues such as driver fatigue, the liability of the driver and the motor carrier, electronic logging devices, and the duty to preserve evidence. You’ll learn:
- Top mistakes attorneys make in truck cases
- Truck accident witness strategies for both the plaintiff and the defense
- Trial strategies for both the plaintiff and the defense