Tort Law Conference for Alabama Attorneys - Materials Only
Held at the Birmingham Marriott on Friday, September 16, 2016
Order your materials from this information-packed event and enhance your professional skill set.
The Tort Law Conference for Alabama Attorneys featured Jefferson County Circuit Judge Joseph Boohaker and a faculty of leading Alabama tort law attorneys discussing the latest changes and decisions of critical interest to your successful practice.
- Uninsured/underinsured motorist coverage—recent cases on when UM/UIM coverage applies, litigating the uninsured motorist claim, and bad faith claims in UM/UIM cases
- Trial presentation—how to illuminate your case for the effect it will have on the jury
- Deposing the adverse party—admitting critical evidence though the opponent’s testimony
- Obtaining and using cell phone records—how to obtain the information in discovery and how to get the information into evidence
- Practical tips on discovery and trial practice from a trial judge
- Update on recent significant cases in tort law
- Ethical standards—loyalty to a client vs. conflict of interest, principles of imputed disqualification, and conflicts arising from witness contacts
Carr Allison, Birmingham
Law Offices of John Day P.C., Brentwood
Judge Joseph L. Boohaker
Jefferson County circuit judge, Birmingham
Stephen D. Heninger
Heninger Garrison Davis, LLC, Birmingham
Daniel R. Pickett
Lloyd, Gray, Whitehead & Monroe, P.C., Birmingham
Michael L. Roberts
Cusimano, Roberts & Mills, LLC, Gadsden
Whitaker, Mudd, Luke & Wells, LLC, Birmingham
What Attendees Learned:
- The latest tort law rulings from the Alabama appellate courts
- The latest developments in cases in which one of the drivers in an automobile accident was uninsured or underinsured
- How to properly illuminate your case for effect
- What you can accomplish when deposing the adverse party
- How to prepare and win your discovery motion
- How to obtain and use cell phone information in your case
- How to uphold ethical standards in your practice
Why Your Colleagues Attended:
- Outstanding faculty. The faculty included both plaintiff and defense attorneys who are seasoned speakers and recognized as the best in their areas.
- Judge’s perspective. Attendees heard from Judge Joseph Boohaker, a Jefferson County circuit judge since 2001.
- Valuable updates. A top authority updated attendees on recent case law developments in tort law.
- Presentation tips. Attendees learned from an experienced and skilled litigator how to illuminate your case to obtain its maximum effect on the jury.
- Substance. Attendees also got an in-depth treatment of uninsured and underinsured motorist coverage and frequently litigated issues in this area of the law.
- Depositions. This event covered how to admit critical evidence though your opponent’s deposition testimony and how to control the deposition.
- Evidence. Attendees learned how to obtain and use cell phone records in your case.
- Ethics. The conference provided insight on upholding ethical standards in the context of loyalty to a client vs. conflict of interest, representing the insured at the insurer’s expense, principles of imputed disqualification, and conflicts arising from witness contacts.
Order your conference materials today!
Rob Arnwine serves as Counsel in Carr Allison’s Birmingham office. He has a general defense practice with special emphasis on trucking litigation. An experienced trial attorney in both state and federal court, he has litigated a broad range of cases including wrongful death, professional liability, termite damage, premises liability, and products liability. Mr. Arnwine has also drafted appeals to the Alabama Supreme Court and the Eleventh Circuit Court of Appeals. Prior to joining Carr Allison, he practiced with the Birmingham law firms Ferguson, Frost and Dodson, LLP, and Dodson Gregory, LLP. Mr. Arnwine earned his J.D., cum laude, from the University of Alabama School of Law where he was fortunate to work as a research assistant for the Honorable Joseph A. Colquitt and Professor Susan Randall. Prior to law school, he served as a commissioned officer in the United States Navy. He deployed overseas aboard the USS THEODORE ROOSEVELT (CVN-71) in support of Operation Enduring Freedom, and he was stationed for two years in Washington, D.C. as a financial analyst with the Naval Nuclear Propulsion Program.
Brandon Bass was named Shareholder in the Law Offices of John Day, P.C., in Brentwood, Tennessee, in 2010. He focuses on helping people who have been badly injured or lost a loved one. He has assisted victims of medical malpractice in recovering for their losses from doctors and other healthcare providers. His core practice areas include products liability, medical malpractice, and trucking lawsuits. He has experience in products liability lawsuits, including industrial machinery, pharmaceuticals, automotive and tractor-trailer defects, and defects in construction materials. Mr. Bass serves on the Board of Governors for the Tennessee Association for Justice, and is the organization’s Amicus Curiae Committee Chair. He is also a member of the American Association for Justice, serving on the Board of Governors of its New Lawyers Division, as well as the Tennessee and Nashville Bar Associations. He has been a member of the John Marshall American Inn of Court in Williamson County. He is a graduate of Purdue University and the University of Tennessee College of Law. He frequently writes on personal injury and wrongful death legal issues. In addition, Mr. Bass is Associate Editor of the Tennessee Trial Law Report – Tort Edition. The Trial Law Report is a monthly newsletter on tort law, evidence, civil procedure and trial in Tennessee. He was formerly Associate Editor of the Tennessee Tort Law Letter.
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.
Stephen D. Heninger with Heninger Garrison Davis, LLC, in Birmingham, has 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 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 the Best Lawyers in America® since 1991. He is a “fellow” of the Alabama Law Foundation which limits its membership to the top 1% of the State Bar.
Daniel R. Pickett with Lloyd, Gray, Whitehead & Monroe, P.C., in Birmingham practices in the firm’s General Liability and Workers’ Compensation Practice Groups. His practice focuses on litigation defense of product defects, premises liability, and personal injury claims. He also devotes a significant part of his practice to defending automobile liability claims. Additionally, he works with automobile insurance carriers in making coverage determinations and conducting special investigations of potentially fraudulent claims. Mr. Pickett also defends workers’ compensation claims, as well as ancillary claims of retaliatory discharge, outrage, bad faith, and other tort claims that may arise out of claims for workers’ compensation benefits. He has a broad range of experience in representing municipalities, public officials, and general contractors in complex litigation in state and federal courts for the past decade.
Michael L. Roberts, with Cusimano, Roberts & Mills, LLC, in Gadsden, has maintained a general litigation practice since 1978, including tort, personal injury practice, commercial litigation, consumer litigation, business disputes, fraud/misrepresentation, negligence and contract litigation. He has written extensively on legal topics in treatises, articles and journals, and has authored the reference book Alabama Tort Law, published by Lexis Law Publishing, now in its fourth edition, a two-volume, 50-chapter treatise analyzing the historical background and current status of tort law in Alabama. Mr. Roberts has lectured extensively in continuing legal education programs on various legal topics, including tort law developments. He was awarded the Walter P. Gewin Award by the Alabama Bar Institute for Continuing Legal Education in 2003 and the Alabama Trial Lawyer Association Professionalism Award in 2001. He has been listed in Best Lawyers in America® since 2001.
David Wells, with Whitaker, Mudd, Luke & Wells, LLC, in Birmingham, practices in the areas of insurance defense, professional liability, insurance coverage, and appellate practice, with an emphasis on personal injury defense. He attended college at the College of William and Mary in Williamsburg, Virginia, where he earned a B.A. in English in 1994. He attended law school at the Cumberland School of Law at Samford University in Birmingham, Alabama, where he was active in the trial advocacy program, serving as the Director of the Judge James O. Haley Federal Trial Competition. After graduating from the Cumberland School of Law, he was admitted to practice law in the State of Alabama, as well as the U.S. District Courts for the Northern and Middle Districts of Alabama in 1998. He subsequently was admitted to practice in the U.S. District Court for the Southern District of Alabama in 1999. He is a member of the Alabama State Bar, the Birmingham Bar Association, and the Alabama Defense Lawyers’ Association. Mr. Wells is also a frequent lecturer on the topics of uninsured/underinsured motorist law and insurance law for the National Business Institute.
Uninsured and Underinsured Motorist Coverage
8:30 a.m. to 9:30 a.m.
Whitaker, Mudd, Luke & Wells, LLC
- UM/UIM coverage
- Choice of law
- Minimum UM/UIM limits
- The UM/UIM claim
- Uninsured or underinsured motor vehicle
- Litigating the UM/UIM claim
- Bad faith and UM/UIM coverage
- What is bad faith?
- Bad faith and UM/UIM claims
Illuminating Your Case for Effect
9:30 a.m. to 10:30 a.m.
Heninger Garrison Davis, LLC
- Keeping your focus on the core message and making it stick
- Avoiding information overload while keeping the pertinent message coherent and persuasive
- Recognizing the need for both sensory/emotional as well as cognitive appeal
- Telling the story from a persuasive point of view which allows listeners to know what’s in it for them
10:30 a.m. to 10:45 a.m.
Deposing the Adverse Party
10:45 a.m. to 11:45 a.m.
Law Offices of John Day P.C.
- Getting more than “what happened”
- Admitting critical evidence through the opponent’s testimony
- Controlling the deposition despite an obstinate opposing counsel
- Using exhibits that will sell to the jury
LUNCH (on your own)
11:45 a.m. to 1:00 p.m.
Tort Law Update
1:00 p.m. to 2:00 p.m.
Cusimano, Roberts & Mills, LLC
Mr. Roberts, author of the Alabama Tort Law Handbook, will review recent 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. His written materials give an excellent overview of the latest cases.
Obtaining and Using Cell Phone Records
2:00 p.m. to 3:00 p.m.
- The type of cellular information available
- How to obtain the information in discovery
- How to get the information into evidence
- Use of experts
3:00 p.m. to 3:15 p.m.
Upholding Ethical Standards
3:15 p.m. to 4:15 p.m.
Lloyd, Gray, Whitehead & Monroe, P.C.
- Loyalty to a client vs. conflict of interest
- Representing the insured at the insurer’s expense
- Principles of imputed disqualification
- Conflicts arising from witness contacts
Tips for Discovery and Trial Practice from a Judicial Perspective
4:15 p.m. to 5:15 p.m.
Judge Joseph L. Boohaker
Jefferson County circuit court
Judge Boohaker shares his perspective on such topics as:
- How to prepare and win your discovery motion
- Demonstrative evidence v. demonstrative exhibits
- Effective use and defenses of Daubert motions
- Using technology in the courtroom
- Most common evidentiary issues