Litigation 2015

This seminar is accredited for 9.7 WV MCLE credits, including 3.1 Ethics/L.O.M credits

HELPING THE MEDIATOR HELP YOU

This presentation will focus on making lawyers stronger advocates for their clients during mediation. Various mediation strategies will be discussed, and their success and failures will be analyzed.

Elliot G. Hicks, Esquire
Hicks Resolutions, PLLC - Charleston, WV

RECENT TOPICS IN MEDICAL NEGLIGENCE LITIGATION

Application of Multiple Noneconomic Caps

Agency Liability

Application of Trauma Caps

Post-Trial Offsets

Mark R. Staun, Esquire
Hartley & O’Brien, PLLC – Charleston, WV

AN OVERVIEW OF THE NEW REVISIONS TO THE WV RULES OF EVIDENCE: GET YOUR QUESTIONS ANSWERED

Comprehensive revisions to the West Virginia Rules of Evidence became effective September 2, 2014. Professor McDiarmid will alert you to any substantive changes and also provide explanation and guidance regarding the revisions.

Professor Marjorie A. McDiarmid 
WVU College of Law - Morgantown, WV

THE NEW ALI PRINCIPLES OF THE LAW OF LIABILITY INSURANCE: THE WEST VIRGINIA ANNOTATIONS


Professor Thomas C. Cady 
WVU College of Law - Morgantown, WV

RECENT TRENDS IN CLASS ACTION LITIGATION

In spite of the passage of the Class Action Fairness Act ("CAFA”), the class action device continues to be popular in both state and federal courts. This presentation will focus on recent trends in class action litigation including establishing federal jurisdiction under CAFA, challenges to a proposed class on ascertainability grounds when no list of class members exists, and when mass tort actions are treated as class actions.

Anthony J. Majestro, Esquire 
Powell & Majestro, PLLC - Charleston, WV

WHERE ANGELS FEAR TO TREAD: THE E-DISCOVERY POSITION ON THE LITIGATION TEAM

"[A] lawyer must keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology [.]”  WVRPC Rule 1, Comment 8.

Discerning E-Discovery obligations and forging a path forward requires internal, strategy-based communication.

E-Discovery is not something that young lawyers "just know;” to execute it properly requires the discernment that grows from experience – and not necessarily e-discovery experience.

Together we will identify the half dozen issues that a lawyer is ethically required to know regarding e-discovery. This is the first step in getting this competency obligation under control.


Jill McIntyere, Esquire
Jackson Kelly, PLLC – Charleston, WV

A REVIEW OF THE RECENT WV SUPREME COURT OF APPEALS CASES


Rory L. Perry II, Clerk of Court 
WV Supreme Court of Appeals – Charleston, WV

THE NEW AMENDMENTS TO THE WV RULES OF PROFESSIONAL CONDUCT

On September 29, 2014, by order of the WV Supreme Court of Appeals, significant amendments were made to the WV Rules of Professional Conduct effective January 1, 2015. Nearly every Rule of Professional Conduct and/or official comment has been amended. This presentation will review the following topics: changes to the procedures for securing waivers of conflict, retaining or contracting with other lawyers, ghostwriting, planning for assumption of clients upon a lawyer's death or disability, keeping clients fully informed, preventing client fraud or criminal conduct, and numerous other subject areas.

Rachael L. Fletcher Cipoletti, Chief Lawyer 
WV Office of Disciplinary Counsel - Charleston, WV