1. Spoliation of Evidence in Transportation Cases: Identification and preservation of evidence including electronically-recorded data, and the consequences of a failure to so. The course will discuss the circumstances in which a duty to preserve can arise; how the claims professional and defense counsel can protect against a spoliation claim; using and responding to preservation letters; how to affirmatively pursue the preservation of evidence in the custody of adverse parties relevant to the construction of a defense; and the remedies available in a spoliation claim.
2. The Reptile Theory: Claim, Pretrial and Trial Tactics
Preparation of Company Witness
The Reptile Theory is a program seeks to appeal to the primal instincts of
jurors. Emphasis on: (1) how to recognize when you’re up against a top attorney and/or one that is using special techniques designed to inflame jurors; (2) what strategies to employ when it appears
you’re being faced with a Reptile claim and lawsuit; and (3) steps you can
take to develop your defense proactively so that when the inevitable big
demand shows up you’re ready to effectively defend the case.
3. Advanced Settlement and Mediation Strategies for Transportation Claims., Transportation cases require a laser focused exit strategy. Students study the empathic approach utilized pre-suit to meet with the family and establish a rapport, when to voluntarily give plaintiffs documents the defense would have produced in discovery if suit were filed, including the download of the electronic control module (“ECM”), and mediation techniques that work in transportation cases. Content includes strategies to analyze and use physical evidence of the vehicles, speed calculations, and biomechanical testing in mediation.
4. Effective Transportation Deposition Management: This course deals with the steps and decisions claims professionals, in close cooperation with defense counsel, take to effectively manage what is the most essential in the litigation process for gathering information: the deposition. We cover unique aspects of transportation cases including who to depose, when to take the deposition, planning to optimize depositions in terms of information gained, and dealing with the depositions taken by plaintiff counsel.