Litigation 2019

February 8th & 9th, 2019

Canaan Valley Resort - Davis, WV

Registration: $325

Click Here to Register!  

This seminar is approved for 9.6 total WV MCLE credits, including 1.2 Ethics/Law Office Management credit.

This seminar is accredited for 7.0 PA MCLE credits, including an additional 1.0 Ethics credit. 
This seminar is accredited for 8.0 VA MCLE credits, including 1.0 Ethics credit. 
We have applied for CLE credit in OH.

Friday, February 8, 2019

2:30 p.m.

Registration

3:00 p.m.

Update on the Law of Evidence 2017-18

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

4:00 p.m.

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

Management of risk: It is the highest concern in litigation. The risk you create is what motivates the opposition to resolve cases prior to trial litigation. Ms. Toriseva will discuss practical ways to help you win the litigation war, whether by settlement or by trial. This presentation will be loaded with specific tactics that you will want to use in your own practice right away. If you do these things, on the rare occasion when you seat a jury, your cause will be well-prepared. The goals and strategies 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

5:00 p.m.

Break

5:10 p.m.

When Can I Appeal?

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

John Polak, Esquire
Atkinson & Polak, PLLC

6:10 p.m.

Civil Procedure: Rules On Time

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

Candice Harlow, Esquire
Jackson Kelly PLLC

7:10 p.m.

Adjourn

Saturday, February 9, 2019

9:00 a.m.

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


10:00 a.m.

Parachuting into a Virtual Trial Team

Using Virtual Trial Teams in high stakes litigation is a growing trend across the country. These teams of lawyers and professions from various firms or geographic locations 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

11:00 a.m.

Break

11:10 a.m.

Recent Cases & Procedure

This presentation 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

12:00 p.m.

Brief Remarks by Chief Justice Beth Walker


The Honorable Elizabeth D. Walker
West Virginia Supreme Court of Appeals

12:10 p.m.

Current 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

1:10 p.m.

Adjourn

Materials: An electronic PDF written materials book will be sent via email prior to the conference. Attendees have the option to purchase a printed copy of the written materials book for $25 during registration.

Tuition Refund Policy: No tuition refunds will be made if football tickets are also ordered. Registration refunds for those who do not order football tickets will be available if the cancellation is received three business days prior to the conference. Refunds are subject to a $50 processing fee. Preregistered attorneys who do not attend will receive MP3 files of the program.

Reasonable Accommodation: If you have a disability that requires special accommodation, please contact the WVCLE office at (304) 293-7255 at least 10 days prior to the program date.