Litigation 2019

February 8th & 9th, 2019

This seminar is approved for a total of 8.8 WV MCLE credits and 1.1 Ethics/ Law Office Management credits

Update on the Law of Evidence 2017-2018

This presentation will review the rules changes and decisions of the U.S. Supreme Court and the West Virginia Supreme Court of Appeals concerning the interpretation of the Rules of Evidence during the period 2017-2018.

Professor Marjorie A. McDiarmid
WVU College of Law

"Stay Alive and Create Risk" & Other Truisms of Litigation

This presentation will discuss practical ways to do the things that help you win the litigation war, whether by settlement or by trial. The goals and strategies are of both settlement and verdict (seemingly opposite results) are nearly identical. Use risk to bring understanding and compromise. Attack and counter-attack. Understand their position to enhance yours. Find weakness; promote strength. Come out swinging. Be creative and unpredictable, but always use the rules.

Teresa Toriseva, Esquire
Toriseva Law

When Can I appeal?

Interlocutory orders, Rule 54(b) and the Rule of finality.

John Polak, Esquire
Atkinson & Polak, PLLC

Civil Procedure: Rules On Time

Will review the Federal Rules of Civil Procedure, along with some distinguishing state and local rules in WV, OH, KY, and PA, about the various time limits/deadlines in civil actions, including a discussion about the implications/importance thereof.

Candice Harlow, Esquire
Jackson Kelly PLLC

Do Ask & Do Tell: What to Do with the Non-Party.

The West Virginia Legislature has passed legislation in the last few years that seeks to prevent a single defendant from bearing a disparate portion of financial liability for damages in civil lawsuits. Attorneys must learn to navigate this new statutory landscape in dealing with a potential party that for a variety of reasons may not be included as a defendant to a lawsuit. When must a non-party be put on notice of her potential liability? When must a demand for indemnity or contribution be made to a non-party? And what can you say about a non-party at trial? This presentation examines statutory and common law changes to dealing with non-parties, analyzes what can be done to ensure that a non-party does not escape liability, and focuses on the practical steps that a litigator can take when presented with a party that may not be made a party to a lawsuit.

Mychal Schulz, Esquire
Babst Calland

Parachuting into a Virtual Trial Team

Using Virtual Trial Teams in high stakes litigation is a growing trend across the country. These teams up of lawyers and professions from various firms or geographic locations to allow clients an opportunity to pair the choice trial counsel with attorneys that have specialized knowledge or experience in aspects of the case or the jurisdiction. This presentation explores effective and winning management of construction, staffing, roles and the inevitable chaos and disagreements that occur.

Melissa Foster-Bird, Esquire
Nelson Mullins

Recent Cases & Procedure

As presented in the past at this conference, there will be a review of recent Court decisions. In addition, nuances of the Rules of Appellate Procedure will be discussed. This part of the course is specifically for those auditory learners who can read the rules of procedure once, twice, three times, and not understand their applicability. Participants will also learn how to propose and advocate for a change to the procedural rules that do not work in practice.

Edythe Nash Gaiser, Clerk of Court
West Virginia Supreme Court of Appeals

Recent Developments: The Good, The Bad, The Disbarred

A discussion of ethics developments in West Virginia, including recent disciplinary decisions and a discussion of practical ethics developments.

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