| Litigation Packets
from AAJ Exchange
To view a complete listing
of Litigation Packets or place an order online click here. Or download the PDF
order form. |
Exchange Litigation Packets contain
valuable materials such as depositions, court documents,
corporate documents, and tips from experienced AAJ
members on "hot" litigation topics or trial
advocacy issues. Created by AAJ staff lawyers working
closely with AAJ members, these innovative research
tools are only available to AAJ plaintiff lawyers
on the following topics:
- Allstate Unauthorized Practice
of Law
- Automobile Data Recorder-"Black
Box"
- Birth Injury
- Debt Collection
- Electronic Discovery
- Employment Law
- Expert Testimony Admissibility
(Daubert)
- Falling Merchandise - "Big
Box" Stores
- Inadequate Security
- Insurance Law
- Interstate Trucking
- Life Expectancy / Neurological
Injury
- Low Speed Impact
- Mandatory Arbitration
- Medical Negligence/Malpractice
- Nursing Home Cases
- Pharmaceuticals
- Sexual Discrimination/Harassment
- Toxic Mold
- Trial Advocacy
- Vioxx Litigation Packets
- Voir Dire
- Wal-Mart Liability Packets
- Workers' Compensation/Workplace
Injury
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New Update! Litigating Gastric Bypass Cases [July 2008; 1,834 pages]
- Court documents: complaints, interrogatories, requests for production, requests for admission, motion for summary judgment and opposition
- Depositions
- Deposition outline for a bariatric surgeon
- Medical illustrations and medical journal survey
- Consensus statements
- Clinical practice guideline summaries and internet resources
[Deposition summary accompanies each deposition transcript]
New Update! Voir Dire and Jury Selection
[June 2008; 1,043 pages]
- Hundreds of sample voir dire questions on subjects in which AAJ members regularly represent clients: auto, products liability, medical negligence, insurance, toxic torts, employment rights, civil rights, nursing homes, business torts, and more, including sample questions on attitudes about hardship, lawsuits, damages, and burden of proof
- Plaintiff’s Proposed Voir Dire Questions for an array of cases, related motions, Sample Supplemental Juror Questionnaires, and a voir dire transcript
- General and subject-specific voir dire strategies, as well as techniques for expanding voir dire, including time allotment and methodology
- Discussion of peremptories and challenges for cause, including questions and illustrative state cases
- Analysis of juror decision making, juror bias, and using focus groups as a voir dire tool
Best-Seller! Birth Injury: Cerebral Palsy and Intrapartum Hypoxia [December 2007; 1,344]
- Addresses issues common to cerebral palsy cases including not only causation but improper monitoring, improper assessment, failure of physicians to act on nonreassuring fetal heart rate patterns, failure of nurses to notify doctors of nonreassuring patterns, failure to do a cesarean section, and chain of command
- Explores the science, investigation, filing, ACOG publications, common defenses, discovery, trial, settlement and how to establish causation
- Depositions of obstetricians, nursing expert, infectious disease specialist, neonatologist and a pediatric neurologist
- Includes medical illustrations, a medical resources page and an extensive medical glossary
- Sample court documents: complaints, interrogatories, and requests for production
- AAJ Education speaker papers
[Deposition summary accompanies each deposition transcript]
Best Seller ! Pharmaceutical Products Liability Cases[April 2008; 1,900 pages]
- Theories of liability, recent trends, and strategy
- Drug companies’ direct-to-consumer marketing tactics and the effect on the learned intermediary doctrine
- Promotion of off-label use by drug companies, and the adverse effects
- Pharmacology, epidemiology and its role in proving causation
- Sample complaints, client intake forms, and drug intake and evaluation forms
- Selecting and “Daubert-proofing” your expert
- Strategies, briefs, orders, and case law on avoiding preemption
- Sample written discovery and deposition questions
- Obtaining electronically-maintained information in discovery, and an explanation of the Adverse Event Reporting System
New Update! A Guide Through Preemption [April 2008; 1,309 pages]
- Briefs from a variety of cases arguing against defense motions for summary judgment on preemption grounds
- Orders from various jurisdictions denying federal preemption
- Strategies on avoiding preemption
- Statutes and case law from relevant practice areas
- Overview of federal preemption
- Discussion of federal preemption in pharmaceutical, medical device, auto safety, aviation, and railroad cases
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| New Packets and Updates! |
New Packet! Tainted Heparin [September 2008; 510 pages]
- Sample Attorney Intake Form
- Sample Complaint
- Pretrial Orders from In re Heparin Liability Litigation MDL 1953
- Overview of heparin litigation and Heparin Time Line
- Testimony from the House Energy and Commerce Subcommittee Hearing on Oversight and Investigations
- FDA Materials and surveys of news articles and medical journals
- Contact information for attorneys litigating similar matters
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New Update! Automobile Data Recorder: Litigating the “Black Box” Issue
[August 2007; 1,320 pages]
- Technical explanation about how the “black box” works
- Strategies on preservation and downloading of data, use of experts, ownership of data, and other issues
- Court documents including discovery requests, deposition, trial transcript, and other filings in prominent cases
- Federal regulatory and state legislative activity, and NHTSA materials on the “black box”
- Verdicts and settlements
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New Packet! Traumatic Brain Injuries [June 2008; 1,707]
- Explores: investigation; filing; pretrial; discovery; common defenses; motions in limine; the science of traumatic brain injuries; testing; experts; authoritative literature; and, trial and settlement
- Addresses common issues in traumatic brain injury cases including: the no loss of consciousness defense; malingering; negative results from diagnostic tests; neuropsychological testing; mild brain injury; premorbid and comorbid conditions
- Sample court documents: complaint; interrogatories; requests for production; and, motions in limine including on defense expert testimony, Fake Bad Scale, lack of use of seatbelt
- Depositions of neuropsychologists, neurologist, life care planner as well as biomechanical testimony
- Trial transcripts: opening and closing statements
[Deposition summary accompanies each deposition transcript] |
Best-Seller! Medicare and Medicaid Reimbursement Claims Survival Guide
[April 2008, 904 pages]
- What plaintiff attorneys should know to protect their client and themselves when confronting Medicare and Medicaid reimbursement claims
- Addresses issues such as information to obtain at case intake, determining what your client owes, notice or verification to the Government, future billings for past services, future benefits, statute of limitations, settlement, allocation, resolving and negotiating the claim, waiver, where to put the funds and ethical considerations
- Case law including Ahlborn and post-Ahlborn cases with summaries
- Relevant statutes and regulations for Medicare and Medicaid
- Court documents including sample complaint for declaratory relief, Petition to Settle and Approve Trust and briefs
- Sample letters including to Coordination of Benefits Office
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New Update! Interstate Trucking: Spoliation of Evidence [July 2008; 306 pages]
- Spoliation of evidence, the alteration or destruction of evidence, can have disastrous consequences for plaintiff attorneys litigating trucking cases
- Sample preservation letters
- Sample deposition questions to establish spoliation of evidence
- Sample court documents: Request to Inspect Vehicle; Request for Jury View; two Motions in Limine, enumerating a federal circuit-by-circuit analysis and state-by-state analysis of spoliation law; Briefs, and Memorandum Orders
- Federal Motor Carrier Safety Regulation regarding preservation of records and Internet Resources
- AAJ Education speaker papers and TRIAL articles
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New Update! Ex Parte Access to Corporate Employees: ABA Model Rule of Professional Conduct 4.2 [July 2008; 514 pages]
- In-depth, state-by-state analysis of the application of Rule 4.2 for all 50 states: the version of the rule applied, interpretive case citations, and case summaries in a variety of practice areas
- Illustrative motions, memoranda, responses, orders, and advisory ethics opinion regarding access to former and current corporate employees in nursing home, product liability, and medical malpractice cases
- Strategies on the use of Rule 4.2, including sample questions for former and current corporate employees
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New Update! Admissibility of Expert Testimony: Daubert, Frye, and Other Standards [July 2008; 1,295 pages]
- Discussion of Daubert, Frye and other expert admissibility standards
- Procedural and scheduling issues and tactics
- How to use Daubert and other expert admissibility rules as a sword
- How to “Daubert-proof” your experts
- Sample court documents including briefs, depositions, expert report
- Motions to strike expert testimony and oppositions in medical malpractice, automobile, product liability, crashworthiness, toxic tort, mold, and railroad cases, including motion to strike “Fake Bad Scale” testimony and biomechanist’s testimony
- Table providing state-by-state analysis, with accompanying case law and statutory references
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