Personal Injury Law Conference for Tennessee Attorneys - Materials Only
Held Friday, September 23
Nashville School of Law
4013 Armory Oaks Dr.
Nashville, TN 37204
Order your materials today from this one-day satisfaction-guaranteed event and enhance your professional skill set. You’ll receive a notebook of materials, as well as online access to conference materials.
- How does West v. Shelby County Healthcare impact medical damages?
- Negotiating with insurance adjusters
- Proving medical bills in a personal injury case
- Medicare set-aside allocations, approvals, and administration
- Truck accident litigation – trial strategies for both the plaintiff and the defense
- Best practices in uninsured motorist cases
- Voir dire – first impressions, team building, and primary objectives
- Review of recent personal injury cases
- Dealing with a judge who is acting unethically
- Judge Don R. Ash, senior judge, Tennessee Senior Judge Program
- Edward U. (Ned) Babb, Butler, Vines and Babb, PLLC, Knoxville
- Laura Baker, Law Offices of John Day, P.C., Brentwood
- Brandon Bass, Law Offices of John Day, P.C, Brentwood
- Daniel Clayton, Kinnard, Clayton & Beveridge, Nashville
- Chuck Mangelsdorf, MGC Insurance Defense, Nashville
- J. Bryan Moseley, Moseley & Moseley, Murfreesboro
- T. Kenan Smith, Hodges, Doughty & Carson, PLLC, Knoxville
What Attorneys Learned at the Conference:
- How West v. Shelby County Healthcare impacts medical damages
- What is a “healthcare liability action” in Tennessee
- 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
10 Reasons Your Colleagues Attended this Conference:
- Quality presenters. Presenters were all authorities in the field of personal injury law.
- Judicial perspective. Attendees heard from Senior Judge Don R. Ash on recognizing and dealing with a judge who is acting unethically.
- Balance. Presentations were conducted by both plaintiffs’ attorneys as well defense attorneys.
- Practical information. Attendees got information they were able to put to use in practice right away.
- Timely information. Attendees got up to date on the latest developments in the area of personal injury law.
Judge Don Ash is currently a senior judge in the Tennessee Senior Judge Program. Judge Ash served as a circuit court judge in the 16th Judicial District, which includes Rutherford and Cannon counties, for 18 years. He was appointed to the bench in 1994 and stepped down on September 1, 2012, to take senior judge status. Senior judges are appointed by the Tennessee Supreme Court and may be assigned on a temporary basis to hear cases in any state court. Judge Ash has also authored over 30 appellate opinions while sitting as a Substitute Judge for the Tennessee Court of Appeals. He has taught Civil Procedure at the Nashville School of Law since 2009. Judge Ash received his bachelor’s degree from Middle Tennessee State University, his law degree from the University of Memphis, and a Master of Judicial Studies degree from the University of Nevada, Reno. He is a past president of the Tennessee Judicial Conference. In 1998, he was appointed by the Tennessee Supreme Court to the Tennessee Court of the Judiciary (now the Board of Judicial Conduct) which oversees judicial conduct for all Tennessee judges, and served as presiding judge from 2007 through 2011. He is an alumnus of the National Judicial College and joined its faculty in 2001 regularly teaching courses involving judicial ethics, self-represented litigants, divorce law, and the operation of Drug Courts. Judge Ash is the author of “A Bridge over Troubled Water: Changing the Custody Law in Tennessee,” University of Memphis Law Review, which became the catalyst for the change of numerous domestic relations laws. He also co-authored Children of Divorce: A Practical Guide for Parents, Therapists, Attorneys, and Judges, Bernet and Ash, Kreiger Publishing, 2007.
Edward (Ned) Babb, with Butler, Vines and Babb, PLLC, in Knoxville, practices in the area of general litigation with a focus on representing insurance companies, their insureds, and large corporations. In the early years of his practice, in addition to trial work, Mr. Babb worked extensively on products liability appellate matters in support of the firm’s representation of asbestos manufacturers throughout the southeastern United States. Mr. Babb has argued cases before the Tennessee Supreme Court, the Tennessee Court of Appeals, and the United States Court of Appeals for the Sixth Circuit involving insurance coverage, workers’ compensation, social host/dram shop liability, fire loss, and other subjects. Mr. Babb has tried cases in over 20 counties across East and Middle Tennessee involving numerous areas of the law including automobile liability, products liability, premises liability, professional liability, insurance coverage, and workers’ compensation, as well as involving business and contract disputes. He has lectured on multiple occasions to general audiences and to individual clients on topics including general litigation practices and procedures, Tennessee tort law, workers’ compensation, uninsured motorist law, and bad faith in insurance claims. He has been honored by his peers, being named one of the best automobile attorneys in Knoxville and one of the best insurance law attorneys in Knoxville. He has been named a Master of the Bench by the Hamilton Burnette Chapter of the American Inns of Court and has been selected as a member of the Claims and Litigation Management Alliance.
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 is a Shareholder in the Law Offices of John Day, P.C., in Brentwood. Mr. Bass focuses on helping people who have been badly injured or lost a loved one. His core practice areas include products liability, medical malpractice, and trucking lawsuits. His experience in products liability lawsuits includes industrial machinery, pharmaceuticals, automotive and tractor-trailer defects, and defects in construction materials. He has also assisted victims of medical malpractice in recovering for their losses from doctors and other healthcare providers. One of Mr. Bass’s clients was a child who was left in a persistent vegetative state after being infected by what the media calls the “superbug” – methicillin-resistant Staph aureus (MRSA). He also helped the wife and daughter of a man who died due to a pulmonary embolism. In another case, he assisted the children of a father who was not prescribed necessary antibiotics and ultimately passed away as the result of an infection. Mr. Bass has significant experience in trucking lawsuits, including cases involving tractor-trailers, buses, and other commercial vehicles. In one case involving a tractor-trailer collision, he helped a 2-year-old girl who suffered brain damage, a 4-year-old girl who suffered orthopedic injuries, and a grandmother who passed away. He helped a teacher whose leg was amputated as the result of a wreck. In another case, a young man suffered brain damage including the loss of his senses of smell and taste, and another young man suffered three torn ligaments in his right knee. He also assisted a single father who suffered brain damage due to cargo falling on his head. In each of those cases, he helped the victims recover from the person who caused their losses. 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 frequently writes on personal injury and wrongful death legal issues. In addition, Mr. Bass has served as Associate Editor of the Tennessee Trial Law Report – Tort Edition, a monthly newsletter on tort law, evidence, civil procedure and trial in Tennessee. He was formerly Associate Editor of the Tennessee Tort Law Letter.
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.
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.
J. Bryan Moseley is a partner in the Murfreesboro law firm of Moseley & Moseley where his main areas of practice are civil litigation, premises liability and consumer protection. Mr. Moseley is a frequent speaker on personal injury/auto injury and subrogation topics for the National Business Institute. He earned his B.A. degree, cum laude, from Middle Tennessee State University and his J.D. degree, magna cum laude, from the University of Tennessee, Knoxville. Mr. Moseley is a member of the Tennessee Bar Association, the Nashville Bar Association, the Tennessee Association for Justice, the International Code Council, and the ASTM International. He practices in both state and federal courts of Tennessee.
T. Kenan Smith, with Hodges, Doughty & Carson, PLLC, in Knoxville, devotes his practice to insurance defense including motor vehicle and general liability matters. His practice also includes general litigation involving commercial, domestic, and personal injury (plaintiff and defense). He has been listed in Best Lawyers in America® since 2013 in the area of Personal Injury Litigation-Defense. He has also been named a “Top Knoxville Attorney” by Cityview magazine since 2013. Mr. Smith received his Bachelor of Science degree from the University of Tennessee, graduating with high honors. Commissioned as an officer, he served for three years with the United States Army. He received his law degree from the University of Tennessee and was admitted to the Bar in 1987. From 2012 to 2015 he served as the Managing Partner of Hodges, Doughty & Carson. Except for a four-month interruption for military service in the Persian Gulf, he has practiced with the firm since completing law school. He served on the Webb School of Knoxville Board of Trustees from 1991-2001. He was a recipient of the Robert Webb Service Award in 2006. He served as President of the Sigma Chi Housing Corporation (Beta Sigma Chapter) from 2002-2011. He is a member of the Defense Research Institute and the International Association of Defense Counsel.
Personal Injury Law: Case Update
8:00 A.M. TO 9:00 A.M.
Law Offices of John Day, P.C.
Mr. Bass will review recent decisions in personal injury cases, including:
- How does West v. Shelby County Healthcare impact medical damages?
- What is left of the collateral source rule?
- Effect of a tolling agreement on the saving statute
- What constitutes a “healthcare liability action” in Tennessee
- Summary judgment standard in Tennessee
- Sanctions for spoliation of evidence
Negotiating Effectively with Insurance Companies
9:00 A.M. TO 9:45 A.M.
Hodges, Doughty & Carson, PLLC
Are you using all the tools available to you in claims negotiations with insurance companies? Learn what negotiation strategies and tactics experienced practitioners use and what demands and concessions to consider. Set the tone for the negotiations from the start by finding the most productive balance between hardball tactics and building a relationship with the insurance company. Mr. Smith will offer tips on:
- Using medical records effectively during negotiations
- Wrongful death claims
- Creatively addressing damages and maximizing compensation
- Using sophisticated negotiation techniques
- Going beyond the adjuster’s authority
- What to do when negotiations fail
- Advanced settlement conference strategies
BREAK 9:45 A.M. TO 10:00 A.M.
Is My Judge Acting Unethically (And What Should I Do About It)
10:00 A.M. TO 11:00 A.M.
Judge Don R. Ash
Senior Judge, Tennessee Senior Judge Program
Judges are bound by the Judicial Canons of Ethics. But there are a number of examples of members of the Judiciary in our country whose conduct has fallen below these minimum standards. Let Judge Don R. Ash, a senior judge in the Tennessee Senior Judge Program, educate you about these Canons of Judicial Conduct and offer some suggestions on what you need to do if you see (or experience) these potential violations.
Best Practices in Uninsured/Underinsured Motorist Cases
11:00 A.M. TO 12:00 P.M.
Butler, Vines and Babb, PLLC
As uninsured motorist (UM) and underinsured motorist (UIM) claims become increasingly more common, changing laws are redefining and complicating your responsibility as an attorney with regard to these claims. UM/UIM coverage protects a person when a tort-feasor operating an automobile does not have enough insurance. Mr. Babb discusses Tennessee laws that pertain to UM/UIM coverage. He will walk you through several scenarios to help you gain a better understanding of the policies and liabilities of UM/UIM coverage. He will discuss:
- Multiple claims and multiple tort-feasors
- Settling with the UM/UIM carrier prior to filing suit
- Subrogation rights and issues
- Consent to sue
- Pleading the UM/UIM case
- Challenges in obtaining permission from your UM/UIM carrier before settling with the tort-feasor’s insurer
- Defendant’s conduct that may affect UM/UIM carrier’s liability
12:00 P.M. TO 1:00 P.M.
Included with registration
Voir Dire: Choosing Your Jury Wisely
1:00 P.M. TO 2:00 P.M.
Kinnard, Clayton & Beveridge
- 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
Medicare Reimbursement and the Secondary Payer Act
2:00 P.M. to 3:00 P.M.
Moseley & Moseley
- Overview of the Medicare Reimbursement and Secondary Payer System
- What is Medicare?
- What is the Medicare Secondary Payer (MSP) process?
- Medicare’s private right of action
- Basic concepts you need to know and how the MSP process works
- Common issues when dealing with the Benefits Coordination and Recovery Center (BCRC)
- Finalizing Medicare liens and requesting waivers/reductions
- Recent changes to the MSP process
- Medicare advantage plans
- Getting providers to submit bills to Medicare
- Taking Medicare’s interests into consideration: Mandatory insurer reporting
- The contextual background of the Act
- Which entities are required to report to the government
- What information is necessary for reporting
- The penalties for incomplete submissions or non-compliance
- The effects of reporting on the litigants and their case
- Medicare set-aside allocations, approvals, and administration
- Medicare set-aside (MSA) allocations
- MSA approval process
- MSA administration
- Centers for Medicare and Medicaid Services (CMS) memorandums
- Liability Medicare set-asides
3:00 P.M. TO 3:15 P.M.
Medical Proof Requirements in Personal Injury Cases
3:15 P.M. TO 4:00 P.M.
Law Offices of John Day, P.C.
- What proof is required?
- Simple injuries
- Expert proof of causation
- More likely than not standard
- Pre-existing conditions
- Proving the effects of an injury
- Lost wages and earning capacity
- Scarring and disfigurement
- Pain and suffering (past and future)
- Emotional injuries (parasitic and stand-alone claims)
- How do you prove medical bills?
- Reasonableness, necessity, and relatedness
- Attaching medical bills to the complaint (TCA 24-5-113(a))
- Presumption of reasonableness of medical bills (TCA 24-5-113(b))
- Familiarity with the usual and customary charges
- Collateral source rule
- Medical expense summaries (TRE 1006)
- Future medical expenses
- Diagnostic tests
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
Comments from past Tennessee Attorneys Memo conferences:
“Great speakers who were all experts in their respective areas.”
“This was an excellent seminar, with very useful materials and knowledgeable speakers."
“Loved the entire program – materials were very helpful, especially the new cases involving various areas of the law”
“Great seminar! The content was on point for my area of practice, and the speakers were engaging!”
“Very useful and practical seminar. Loved the location and snacks! The binder of materials is very organized and very helpful!”