New, Recently Updated and Best-Selling Litigation Packets from the AAJ Exchange
New Update! Admissibility of Expert Testimony: Daubert, Frye, and Other Standards [July 2009; 1,483 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, 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
New Packet! Interstate Trucking: Opening Statements and Closing Arguments [June 2009; 833 pages]
- This Litigation Packet compiles opening statements, closing arguments and rebuttals from top trucking verdicts over the past few years. These opening and closings offer a unique view into what motives a jury and insight into persuading juries in trucking cases
- Case summaries and verdict information for each case
- Chart of trucking verdicts and settlements, including brief case summaries and verdict/settlement information
- AAJ Education speaker papers that provide strategies and tips for successful opening statements and closing arguments, how to argue damages, and how to tackle an interstate trucking case from start to finish.
New Update! Nursing Home Litigation: ManorCare Management Deposition Collection [June 2009; 1,496]
- Collection of depositions from cases of wrongful death due to inadequate care and supervision, negligence and corporate disregard
- Deponents are internal ManorCare staff, including the administrator, director of nursing, and other managers, and ManorCare executives
- AAJ Education speaker papers that outline relevant nursing home law, department staffing and corporate structures and offer tips on discovery and deposition tactics of key nursing home personnel
- Medifocus Reference Guide on nursing home falls and fall prevention
- [Deposition summary accompanies each deposition transcript]
New Update! Discovery Abuse: Lessons Learned from Nursing Homes Cases [June 2009; 1,147 pages]
- Sample preservation letters, discovery requests, motions to compel, motions for sanctions, and court orders in several cases against nursing home operators
- TRIAL articles on discovery abuse in nursing home cases and on a wider scope
- AAJ Education speaker papers outlining strategies for overcoming discovery obstruction, including discovery abuse in nursing home cases
- Bibliography of treatises and legal journal articles regarding discovery abuse in civil cases
New Update! Litigating the First Part Bad Faith Insurance Claim [July 2009; 1,117 pages]
- Guide to litgating first party bad faith insurance claims whether based on property , disability, workers’ compensation, or health or accident policies including UM and UIM claims
- Client interview and other pre-suit considerations, plus filing the claim, discovery, voir dire, common defenses, and jury selection
- Addresses ERISA, common defenses, genuine-issue rule, damages
- Court documents: complaint; motions to compel; interrogatories; requests for production; and requests for admission
- Depositions of claims adjuster, claims supervisor, corporate designee, and defense expert
- Checklists: causes of action; deposition questions for claims adjusters and supervisors; and requests for production
- [Deposition summary accompanies each deposition transcript]
New Update! Taking Depositions [June 2009; 2,782 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 Packet! Defective Chinese Drywall [June 2009; 1,509 pages]
- An overview of defective Chinese drywall, including AAJ Education speaker papers, time line of key events, informational packet and a survey of news articles
- Client intake questionnaire, Discovery Request and several Motions
- Individual and class action complaints from over 25 lawsuits that have been filed by homeowners and homebuilders against manufacturers, suppliers, distributors, homebuilders, 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, including Motions to Transfer Actions to the Southern District of Florida for Coordinated or Consolidated Pretrial Proceedings and Response to Motion to Transfer Actions
- Materials from the Consumer Product Safety Commission, Florida Department of Health and State Department addressing defective Chinese drywall and the procedural issues involved in pursuing lawsuits against China
- Information on Chinese drywall legislation and congressional hearings
- AAJ Education speaker papers and TRIAL articles on defective Chinese drywall and successfully handling Chinese product liability cases
New Packet! 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.
New Udate! Allstate Automobile Claims [May 2009; 2,626 pages]
- Explores issues of investigation, negotiation, discovery and theories of liability
- Contains information on Allstate class action settlement
- Analysis of general claims handling of automobile bodily injury claims at Allstate including Claims Core Process Redesign (CCPR), MIST, Colossus, UM and UIM claims, Special Investigative Unit and Allstate’s incentives programs
- Sample court documents: complaints; requests for production; motions, oppositions and orders regarding protective orders; motions for sanctions against Allstate; depositions of numerous Allstate employees
- Explores bad faith and other theories of liability
- Internet resources including links to Allstate documents
- [Deposition summary accompanies each deposition transcript]
New Packet! Differential Diagnosis [April 2009; 2,687 pages]
- Tips and strategies from AAJ members who have successfully pursued differential diagnoses cases
- AAJ Education speaker papers providing an overview of differential diagnosis in medical negligence cases, including how a physician must formulate a differential diagnosis, prioritization of differential diagnoses, eliminating diagnostic candidates, and common sources of error in doing differential diagnoses
- Complaint, opening statements and closing arguments, and trial testimony and depositions of defendants and experts from prominent differential diagnosis cases, including from the country’s top jury verdict in 2007 for failure to conduct a proper differential diagnosis regarding a brain abscess.
- Abbreviated survey of journal articles on differential diagnoses
[Deposition summary accompanies each deposition transcript]
New Update! Hurricane Claims [June 2009; 368 pages]
- Explores issues of investigation and filing, discovery, common insurer tactics, common plaintiff motions, and flood versus wind damage
- Contains client questionnaire, sample complaints, statutes and regulations, interrogatories, requests for production, motion to compel appraisal, motion for entry of judgment, a plaintiff’s motion for summary judgment and expert depositions
- Includes guide to handling flood claims which covers issues from National Flood Insurance Program to policy exclusions and coverage to adjusters to statute of limitations to appraisal and appeal, and much more
- AAJ Education speaker papers
- [Deposition summary accompanies each deposition transcript]
New Update! 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
New Packet! Top Verdicts of 2008: Opening Statements and Closing Arguments [March 2009; 1,006 pages]
- These opening statements and closing arguments from top verdicts of 2008 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
- Includes plaintiff closing statements for eight cases and numerous opening statements and rebuttals all from AAJ members
- Provides case summaries for each case
- Cases from a variety of subject areas, jurisdictions, and plaintiffs
- Subjects include business torts, insurance, motor vehicle, trucking, general negligence, and wrongful death
- 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! Voir Dire and Jury Selection [February 2009; 1,100 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
