New, Updated and Best-Selling Litigation Packets from the AAJ Exchange
NEW! Toyota Sudden Acceleration [March 2010; 816 pages]
- Examines recalls of more than 8 million Toyota vehicles
- Explores investigation, screening, and filing of Toyota cases
- Contains sample client intake, complaints, and requests for production
- Congressional testimony from February and March 2010 examining Toyota and NHTSA’s knowledge of vehicle defects and the timing in which the public was alerted
- Contains initial expert reports including discussion of electronic throttle system defect
- Contact information for other attorneys investigating similar matters and a survey of news articles on Toyota recalls
- Includes Technical Service Bulletins, NHTSA statements, and other information relevant to Toyota recalls
- AAJ Education speaker papers and TRIAL article addressing general claims against foreign manufacturers
New Packet! Yaz, Yasmin, and Ocella [February 2010; 751 pages]
- Contains resources for attorneys investigating and filing pharmaceutical tort cases for injuries and deaths caused by drospirenone, the fourth generation synthetic progestin found in Yaz, Yasmin, and Ocella
- Includes sample client intake forms and complaints
- Materials from the pending multidistrict litigation including orders and status conference minutes
- AAJ Education speaker papers, similar matters, bibliography, and medical illustrations helpful when investigating claims
New Update! Sex Discrimination & Sexual Harassment [February 2010; 1,541 pages]
- Comprehensive resource for attorneys litigating workplace sexual harassment and sex discrimination cases
- Provides an overview of the parties, administrative remedies, procedural issues, tolling, case theories, and common defenses
- Sample court documents include complaints, requests for production, interrogatories, trial briefs, motions in limine, jury instructions, summary judgment briefs, and EEOC communications Resources for handling attacks on the Plaintiff’s character and sexual history
- Relevant statutes, case law, and AAJ Education speaker papers providing tactics and tips for litigating employment discrimination cases
New Packet! Wal-Mart Stores, Inc.: Merchandise Cart Collision [January 2010; 1,085 pages]
- Offers a comprehensive set of resources for a plaintiff’s attorney litigating against Wal-Mart on behalf of an injured customer
- Court documents include a complaint, requests for production, interrogatories, a motion for summary judgment, motions in limine, proposed jury voir dire questions, proposed jury instructions, and briefs
- Materials provided in response to plaintiff discovery motions for corporate manuals, safety guidelines, and employee manuals
- Depositions of Wal-Mart employees, a treating physician, a vocational rehabilitation expert, and a defense expert physician
- Additional resources include AAJ Education papers discussing discovery, damages, deposition techniques, and causation
[Deposition summary accompanies each deposition transcript]
New Update! Defense Medical Examiner: Defusing the Testimony [January 2010; 1,890 pages]
- Explores issues such as: investigating the defense medical examiner prior to deposition; opposing or limiting the defense medical examination (DME); motions to videotape and attend DMEs; compelling discovery of defense medical examiner’s financial information; disqualifying the defense medical examiner; and the potential liability of the defense medical examiners for medical negligence
- Depositions of several defense medical examiners from different specialties, including in the fields of neurology, neuropsychology, orthopedics and physical medicine, radiology, and rehabilitation, illustrating how to exclude or neutralize the testimony and expose bias
- Sample court documents: interrogatories, requests for production, motions to videotape and attend DME’s examination, and motions to compel
- AAJ Education speaker papers
[Deposition summary accompanies each deposition transcript]
New Update! Pressure Sores [January 2010; 2,160 pages]
- What plaintiff attorneys should know when handling a pressure sore case and how to overcome common defenses
- Provides depositions and transcripts of treating physicians and nurses, expert geriatricians, and registered nurses examining standards of care and pressure sore development
- Addresses pressure sore staging and use of the Braden Scale
- Explores Federal regulations and CMS Survey Enforcement Process
- Discussion of dealing with clinical practice guidelines and surveys
- AAJ Education speaker papers and TRIAL article
- Medical illustrations and national guidelines summaries
[Deposition summary accompanies each deposition transcript]
NEW UPDATE! Voir Dire and Jury Selection [January 2010; 1,139 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
NEW UPDATE! Hormone Therapy [January 2010; 2,539 pages]
- Women’s Health Initiative Estrogen Plus Progestin Study (WHI) confirmed suspicions that serious risks were associated with hormone therapy
- Sample client intake form and questionnaires
- Over 40 sample court documents from ground breaking cases, including: complaints, discovery requests, motions, oppositions, briefs, orders, and closing arguments
- Preemption materials, including case update and court documents (plaintiff’s opposition and multiple orders)
- AAJ Education speaker papers and similar matters
NEW UPDATE! Failure to Diagnose Breast Cancer [January 2010; 1,795 pages]
- Explores complex issues of causation, standards of care, loss of chance for a cure, staging, doubling-time, life expectancy, and overall case-handling strategies and techniques
- Addresses screening and diagnostic mammography
- Sample court documents: complaints, requests for production, expert disclosures, and interrogatoriesDepositions and summaries of obstetricians/gynecologists, surgeons, radiologists, dermatologist, oncologists, and nurse practitioner
[Deposition summary accompanies each deposition transcript]
New Update! Admissibility of Expert Testimony: Daubert, Frye, and Other Standards [January 2010; 1,513 pages]
- Discussion of Daubert, Frye, and other expert admissibility standards, case law, and recent opinions
- 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, and an expert report
- Motions to strike expert testimony and oppositions in medical malpractice, automobile, product liability, crashworthiness, toxic tort, mold, and railroad cases, including a motion to strike “Fake Bad Scale” testimony and biomechanist’s testimony
- Table providing state-by-state analysis, with accompanying case law and statutory references
New Update! Electronic Discovery [December 2009; 637 pages]
Issues involving electronic discovery continually evolve and plaintiff attorneys need a tool to stay on the cutting edge. This litigation packet serves as an introduction to electronic discovery and provides practical advice and examples on how to target and elicit ESI from defendants. It includes valuable materials and discussion, such as:
- A checklist for preparing an E-discovery plan and overview of electronic data: how it can be stored, retrieved, and altered
- How to frame discovery requests to elicit relevant ESI, including interrogatories, requests for production, requests for admissions, and deposition notices
- Sample preservation letters and motions
- Who to depose under Rule 30(b)(6), and what to ask
- How to preserve the defendant’s data in the pre-discovery phase in efforts to avoid spoliation of evidence
- AAJ Education speaker papers and TRIAL articles regarding costs associated with electronic discovery, forensic experts, and evidence obtained through online social networking sites
- Recent case law developments on pivotal issues such as litigation holds, sanctions, spoliation, and preservation
- The ESI-related amendments to the Federal Rules of Civil Procedure
New Update! Preparing a Motor Vehicle Collision Case [December 2009; 1,149 pages]
- Fundamentals of litigating motor vehicle cases from client interview to trial
- Addresses issues such as determining a client’s insurance coverage, working with insurance adjusters, case cost control, potential crashworthiness, experts, demonstrative evidence, and negotiating a settlement
- Court documents, including sample complaint, interrogatories, and requests for production
- Motions, including numerous motions in limine and plaintiff’s partial motion for summary judgment on issue of liability in rear-end collision
- Depositions of defense medical expert, biomechanical engineer, and physical medicine and rehabilitation specialist
- Deposition checklist for defendant driver
- Strategies for handling defense experts: medical experts, accident reconstructionist, biomechanical engineer, and defense medical examiner
- Jury selection, openings, and closings
[Deposition summary accompanies each deposition transcript]
New Update! Low Speed Impact Cases [December 2009; 1,696 pages]
- Explores key issues in assessing and trying low impact cases, including: case and client credibility; using medical literature to prove damages; discovery; plaintiff’s experts and depositions of defense experts; voir dire; cross-examination of defense medical examiners; accident reconstructionists; and proving damages to the jury
- Depositions, including of biomechanists, neurologist, clinical psychologist, and neuropsychologist as well as a deposition outline for defendant driver and client deposition checklist
- Sample court documents including interrogatories and requests for production, motions to strike testimony of defense experts, orders excluding defense expert’s testimony, pretrial memorandum, and appellate brief challenging admission of expert testimony
- Trial testimony and cross-examination of defense expert
- AAJ Education speaker papers and medical illustrations
[Deposition summary accompanies each deposition transcript]
New Packet! Pain Pump and Chondrolysis [December 2009; 484 pages]
- Explores issues of case investigation, filing, and discovery
- Forms and checklists related to client intake and client screening
- Sample court documents include: a complaint, interrogatories, requests for production, deposition notices, and motions
- Information about pain pump manufacturers and pharmaceutical manufacturers
- Descriptions of shoulder degeneration, treatments, and medical illustrations of the shoulder joint
- AAJ Education papers focused on pain pump litigation
New Update! Taking Depositions [December 2009; 2,888 pages]
- Questioning techniques such as exhaustion, restating and summarizing, and boxing in
- Questioning adverse experts, including defense medical examiners and standard of care experts
- The 30(b)(6) deposition and its role in your overall discovery plan
- Depositions and deposition outlines from several practice areas including: interstate trucking, insurance, nursing home, and medical malpractice
- Handling abusive tactics
- Preparing your client for deposition
- Use of videotaped and telephone depositions
- Organizing for depositions
- How to use deposition psychology in eliciting answers
New Update! Reglan/Metoclopramide [December 2009; 314 pages]
- Overview of Reglan/metoclopramide and the link to tardive dyskinesia
- Client intake materials and court documents, including complaints and written discovery
- Addresses generic manufacturer and failure to warn claims
- Information on “black box” warning and FDA alerts
- Bibliography of medical journal articles, medical glossary, and AAJ Education speaker paper
- Timeline of key events
New Update! Federal Tort Claims Act: From Mandatory Administrative Claims to Bench Trials [November 2009; 4,085 pages]
- Administrative claims materials include tort litigation manuals and handbooks from federal agencies and the military, federal agency regulations and procedures for settling claims, a FOIA checklist, and a sample Standard Form 95, as well as the full statutory text of the Federal Tort Claims Act
- Court documents, including complaints, interrogatories, requests for production, motions to limit testimony, and trial briefs, from several birth injury, medical malpractice, and wrongful death cases litigated by fellow AAJ members
- Deposition transcripts and summaries of treating physicians and expert witnesses from medical malpractice claims against military hospitals
- Settlement and Verdict resources include a chart of significant FTCA verdicts, a chart of loss of consortium verdicts, and opinions and judgments against the United States
- AAJ Education speaker papers provide tips and advice for specific practice areas, administrative settlements, proving damages, and common defenses
- [Deposition summary accompanies each deposition transcript]
New Update! Defective Chinese Drywall [October 2009; 1,692 pages]
- An overview of defective Chinese drywall, including a timeline of key events, an informational packet, and a survey of news articles
- Client intake questionnaire, discovery request, and motions
- Individual and class action complaints from over 25 lawsuits that have been filed by homeowners and homebuilders against manufacturers, suppliers, distributors, construction companies and contractors, inspectors, sellers and installers in federal and state courts in Florida, Louisiana, North Carolina and Ohio
- Documents from In re: Chinese Drywall Litigation MDL 2047, including Motions to Transfer Actions to the Southern District of Florida for Coordinated or Consolidated Pretrial Proceedings, responses to Motions, Schedules A and B, minutes from monthly status conferences, and Pretrial Orders
- Materials from the Consumer Product Safety Commission, Florida Department of Health and State Department addressing defective Chinese drywall, investigation results, and the procedural issues involved in pursuing lawsuits against China
- Information on Chinese drywall legislation and congressional hearings, including testimony
- AAJ Education speaker papers and TRIAL articles on defective Chinese drywall and successfully handling Chinese product liability cases
Best Seller! Top Verdicts of 2007: Opening Statements and Closing Arguments [May 2009; 2,969 pages]
- These opening statements and closing arguments from top verdicts of 2007 provide a unique view into what motivates a jury, providing insight no matter who your clients are, what the area of your practice, or even your jurisdiction.
- Contains all plaintiff opening and closing statements for all top ten verdicts of 2007 and also includes rebuttals, voir dire transcripts, verdict forms and information on expert witnesses
- All of the top 10 verdicts were received by AAJ members and come from a variety of subject areas, jurisdictions, and plaintiffs
- Subjects include medical malpractice, trucking, nursing home, wrongful death, negligent security, product liability, trucking, aviation, and automobile accidents
- Statements address difficult issues such as differential diagnosis and comparative negligence due to failure to wear a seatbelt or belt a child in the backseat, punitive damages, respondeat superior, a trial solely on damages, and loss of consortium
- Contains case summaries and AAJ Education speaker papers addressing openings and closing generally and in specific practice areas such as medical malpractice, nursing homes, motor vehicle, employment cases, and even punitive damages.
Best Seller! Medicare and Medicaid Reimbursement Claims Survival Guide [March 2009, 1,012 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, mandatory reporting, statute of limitations, settlement, allocation, resolving and negotiating the claim, waiver, where to put the funds, consequences for nonpayment, 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 and petition to settle and approve trust and briefs
- Sample letters including to Coordination of Benefits Office
