"Sample Interrogatories for Nursing Home Negligence in a Hospital"
AAJ Exchange Litigation Packet Catalog Fall 2008 120 packets (and growing) on: Advocacy • Advocacy • Commercial Law/Consumer Rights • Damages • Employment Law Insurance • Medical Negligence • Motor Vehicle/Automobile Products Liability Nursing Homes • Premises Liability • Products Liability • Toxic and Pharmaceutical Torts Topical Index Fall 2008 AAJ Exchange Litigation Packets Litigation Packets are an essential tool for trial attorneys. They are particularly valuable for small firms and sole practitioners—offering the resources and expertise of a large legal team. Each Litigation Packet provides materials that allow you to simplify and improve your case preparation. They are offered by topic, such as Medical Negligence, Auto Collision, Nursing Home, and Products Liability. Every AAJ Exchange Litigation Packet is available in searchable CD-ROM format and offers valuable practice tools, such as: deposition transcripts and summaries, pleadings, sample complaints, case law, written discovery, and tips and strategies from experienced AAJ plaintiff members. With input and assistance from AAJ members like you, the Exchange continues to update and expand this collection of Litigation Packets. By contributing your depositions, pleadings, and other case documents, you can also help build the most comprehensive and confidential plaintiff database in the country. For each document contributed and posted to the Exchange, you will receive a $5 credit to your Exchange account. There is no limit. For example, if you send 100 documents and they are posted, you will receive a $500 credit towards your next Exchange purchase. The AAJ Exchange is endowed by Robert A. Clifford Advocacy UnumProvident Bad Faith: Deposition ManorCare and Inadequate Staffing, NEW UPDATE! A Guide Through and Trial Transcript Collection . . . . . . . . . . . . 7 Spoliation of Evidence, and Corporate Preemption . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 UnumProvident Bad Faith: Occupational Disregard: Keith v. ManorCare . . . . . . . . . . . 12 A Guide to Nontraditional Discovery . . . . . . . . 2 Stress Deposition Collection . . . . . . . . . . . . . . 7 NEW UPDATE! Nursing Home and Admissibility of Expert Testimony: UnumProvident Corporation Customer Assisted-Living Facility Mandatory Daubert, Frye, and Other Standards. . . . . . . . 2 Care Center Claims Manual (April 2001) . . . 7 Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Discovery Strategy: Effective Use UnumProvident Corporation Customer Care Nursing Home Litigation: Beverly of Rules 30(b)(5), 30(b)(6), and 34 . . . . . . . . 2 Center Claims Manual (November 2002) . . . 7 Enterprises, Inc. . . . . . . . . . . . . . . . . . . . . . . . 12 Electronic Discovery . . . . . . . . . . . . . . . . . . . . . . . 2 Workers’ Compensation Bad Faith: AIG and Nursing Home Litigation: Inadequate American Home Assurance Incentive Staffing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 NEW! ERISA Reimbursement Claims Survival Guide . . . . . . . . . . . . . . . . . . . . . . . . . 2 Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Nursing Home Litigation: Lavalis v. Copperas Cove, L.L.C. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Ex Parte Access to Corporate Employees: ABA Model Rule of Professional Conduct 4.2 . . . . 2 Medical Negligence Nursing Home Litigation: Manor Care Birth Injury Cases: Cerebral Palsy and Management Deposition Collection . . . . . . 13 Federal Tort Claims Act . . . . . . . . . . . . . . . . . . . . 3 Intrapartum Hypoxia. . . . . . . . . . . . . . . . . . . . 7 Nursing Home Litigation: Negligent Hiring . . 13 HIPAA and Its Privacy Rules . . . . . . . . . . . . . . . . 3 Birth Injury Cases: Shoulder Dystocia . . . . . . . . 8 Nursing Home Litigation: Nursing Errors . . . 13 Medicare and Medicaid Reimbursement Claims Survival Guide . . . . . . . . . . . . . . . . . . . 3 Birth Injury Cases: Shoulder Dystocia Nursing Home Litigation: Standard of Care Expert Deposition Collection . . . . . . . . . . . . . 8 Expert Deposition Collection . . . . . . . . . . . . 13 Settlements: ERISA-Medicaid-Medicare- Social Security. . . . . . . . . . . . . . . . . . . . . . . . . . 3 Failure to Diagnose Breast Cancer . . . . . . . . . . . 8 Pressure Sores . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Spoliation of Evidence . . . . . . . . . . . . . . . . . . . . . 3 Failure to Diagnose a Pulmonary Embolism . . 8 Taking Depositions . . . . . . . . . . . . . . . . . . . . . . . . 3 Failure to Diagnose Skin Cancer . . . . . . . . . . . . . 8 Premises Liability Voir Dire and Jury Selection . . . . . . . . . . . . . . . . 4 Fetal Distress Signs and Failure to Timely Dog Bite Litigation . . . . . . . . . . . . . . . . . . . . . . . 13 NEW UPDATE! Wal-Mart Stores, Inc.: Perform a Cesarean Section . . . . . . . . . . . . . . 8 Home Depot USA, Inc.: Falling Merchandise . 14 Discovery Abuse . . . . . . . . . . . . . . . . . . . . . . . 4 Hospital-Acquired Infections . . . . . . . . . . . . . . . 8 Marriott Inadequate Security and Litigation Improper Labor Induction Methods . . . . . . . . . 8 Abuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Commercial Law/Consumer Rights NEW! Informed Consent . . . . . . . . . . . . . . . . . 9 Premises Security Liability: Apartment Injured Infants: Failure to Diagnose Complexes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Debt Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Meningitis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Secondhand Smoke Liability . . . . . . . . . . . . . . . 14 Mandatory Arbitration . . . . . . . . . . . . . . . . . . . . 4 Laparoscopy: Minimally-Invasive Wal-Mart Stores, Inc.: Falling Merchandise. . . 14 Damages Abdominal Surgery . . . . . . . . . . . . . . . . . . . . . 9 Wal-Mart Stores, Inc.: Inadequate Security LASIK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 and Litigation Abuse . . . . . . . . . . . . . . . . . . . 14 Traumatic Brain Injuries . . . . . . . . . . . . . . . . . . . 4 Life Expectancy and Neurological Injury: Wal-Mart Stores, Inc.: Premises Liability Damages in Burn Injury Cases . . . . . . . . . . . . . . 4 (Shooting) and Litigation Abuse . . . . . . . . . 14 Defense Experts . . . . . . . . . . . . . . . . . . . . . . . . 9 Prove Damages Using Opening Wal-Mart Stores, Inc.: Slip and Fall . . . . . . . . . 14 Statements and Closing Arguments . . . . . . . . 4 Litigating Gastric Bypass Cases . . . . . . . . . . . . . . 9 Medication Errors . . . . . . . . . . . . . . . . . . . . . . . . . 9 Employment Rights Nursing Errors in Hospitals . . . . . . . . . . . . . . . . 10 Products Liability Pharmacy and Pharmacist Liability . . . . . . . . . 10 Bed Rails: Dangerous Devices . . . . . . . . . . . . . . 14 Employment Discrimination Law . . . . . . . . . . . 5 Surgical Negligence: Retained Towel . . . . . . . . 10 Heart Device Recalls . . . . . . . . . . . . . . . . . . . . . . 15 Pregnancy Discrimination . . . . . . . . . . . . . . . . . . 5 Tasers: Unsafe and Lethal . . . . . . . . . . . . . . . . . . 15 Sex Discrimination/Harassment . . . . . . . . . . . . . 5 Motor Vehicle/Automobile Insurance Products Liability Toxic and Pharmaceutical Torts NEW UPDATE! Automobile Data Recorder: Avandia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Allstate Automobile Claims . . . . . . . . . . . . . . . . . 5 Litigating the “Black Box” Issue . . . . . . . . 10 Bausch & Lomb. . . . . . . . . . . . . . . . . . . . . . . . . . 15 Allstate Claim Core Process Redesign (CCPR) Crashworthiness Cases . . . . . . . . . . . . . . . . . . . . 10 Implementation Training Manual (1995) . . . 5 Bextra . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Firestone Tire Tread Separation . . . . . . . . . . . . 10 Duragesic Fentanyl Pain Patch . . . . . . . . . . . . . 15 Allstate Claim Policy-Practices-Procedures Interstate Trucking: Cross-Examining the Fen-Phen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Manual, Volume I (1994) . . . . . . . . . . . . . . . . 5 Trucking Company’s Safety Director and Fosamax, Zometa and Other Bisphosphonates . 15 Allstate Claim Policy-Practices-Procedures Driver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Manual (2003) . . . . . . . . . . . . . . . . . . . . . . . . . 5 Gadolinium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Interstate Trucking: Defense Expert NEW! Tainted Heparin. . . . . . . . . . . . . . . . . . . 16 Bad Faith: Travelers Insurance Company’s Deposition Collection . . . . . . . . . . . . . . . . . . 10 Incentive Program . . . . . . . . . . . . . . . . . . . . . . 5 Hormone Therapy Litigation Packet . . . . . . . . 16 Interstate Trucking: Independent Colossus Claims Evaluation Software . . . . . . . . 5 Kugel Mesh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Contractor Defense . . . . . . . . . . . . . . . . . . . . 11 Defense Medical Examiner: Defusing Lead Paint Litigation: Landlord and Interstate Trucking: Regulations, Discovery the Testimony . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Manufacturer Liability . . . . . . . . . . . . . . . . . . 16 and Damages. . . . . . . . . . . . . . . . . . . . . . . . . . 11 Farmers Group of Insurance Companies: Lotronex. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Interstate Trucking: Spoliation of Evidence. . . 11 Enterprise Structure and Incentive Program . . 6 Methyl Tert-Butyl Ether (MTBE) . . . . . . . . . . . 16 Interstate Trucking: Using 30(b)(6) and Farmers Home Group Loss Adjusting Other Deposition Strategies . . . . . . . . . . . . . 11 Ortho Evra . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 (August 1995) and Farmers Home Group Oxycontin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Low Speed Impact and Connective Special Investigative Unit (SIU) Claims Manual Pharmaceutical Products Liability Cases . . . . . 17 Tissue Injuries . . . . . . . . . . . . . . . . . . . . . . . . . 11 for Arizona (February 1997) . . . . . . . . . . . . . . 6 Rezulin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Seat Belt Defects . . . . . . . . . . . . . . . . . . . . . . . . . 11 Fibromyalgia: The Essentials . . . . . . . . . . . . . . . . 6 Selective Serotonin Reuptake Inhibitors (SSRIs) Preparing a Motor Vehicle Collision Case . . . . 12 Fighting ERISA Preemption . . . . . . . . . . . . . . . . 6 and the Link to Suicide . . . . . . . . . . . . . . . . . 17 Litigating the First Party Bad Faith Insurance Seroquel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Nursing Homes NEW UPDATE! Toxic Mold . . . . . . . . . . . . . . . 17 MTBI Cases: Insurance Company Discovery Abuse: Lessons Learned from Vioxx . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Defense Medical Experts . . . . . . . . . . . . . . . . . 6 Nursing Homes Cases . . . . . . . . . . . . . . . . . . 12 Vioxx Proposed Settlement— Unauthorized Practice of Law: Independent Living Facility Litigation: What You Need to Know . . . . . . . . . . . . . . . . 17 Jones v. Allstate Insurance Co. . . . . . . . . . . . . . 6 Mckay v. Lifestyles Senior Housing Managers, Vioxx Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 L.L.C., D/B/A/ Glenwood Place Senior Living . 12 Advocacy • Sample court documents including briefs, • Discussion of the December 2006 ESI-related depositions, expert report amendments to the Federal Rules of Civil NEW UDPATE! A Guide Through Preemption • Motions to strike expert testimony and Procedure [UPDATED November 2008; 1,627 pages] oppositions in medical malpractice, • Case law on pivotal issues, such as cost • Discussion of preemption in pharmaceutical, automobile, product liability, crashworthiness, shifting, spoliation, sanctions, and privilege medical device, auto safety, aviation, and toxic tort, mold, and railroad cases, including railroad cases motion to strike “Fake Bad Scale” testimony NEW! ERISA Reimbursement Claims • Explores the implications of various and biomechanist’s testimony Survival Guide regulatory agencies and attempts to preempt • Table providing state-by-state analysis, [September 2008; 777 pages] state tort laws with accompanying case law and statutory • What plaintiff attorneys should know to • Briefs from a variety of cases arguing against references protect their client and themselves when defense motions for summary judgment on confronting ERISA reimbursement claims Discovery Strategy: Effective Use of Rules preemption grounds • Addresses issues such as information to 30(b)(5), 30(b)(6), and 34 • Orders from various jurisdictions denying obtain at case intake, determining what your [UPDATED December 2006; 816 pages] client owes, negotiating the claim, defenses federal preemption • Illustrates the interplay between Fed.R.Civ.P. and limitations on insurer recovery, ethical • Strategies on avoiding preemption 30(b)(5), 30(b)(6), and 34 considerations, identifying ERISA plans, • Statutes and case law from relevant practice attorney fees and the common fund rule, • Sample notices of 30(b)(6) depositions, areas including the Riegel decision the make-whole doctrine, the meaning plaintiff interrogatories, stipulation and order for deposition protocol, and statement of of “appropriate equitable relief,” anti- A Guide to Nontraditional Discovery subrogation statutes, ERISA preemption, authority regarding deposition protocol [UPDATED September 2006; 337 pages] conflicted administrators, insured versus self- • Court documents including depositions, funded plans, social security disability issues, • How to gather information without the motions, and orders from an interstate and traditional equitable defenses involvement of the defendant trucking case and two nursing care facility • People, Businesses and Assets cases that illustrate how 30(b)(5), 30(b)(6), • Provides plaintiff attorneys tools for handling and 34 can be used in conjunction these reimbursement claims, and includes • Literature and Intellectual Property Searches statutes and regulations, case law and case • Litigation history • Using 30(b)(6) to produce incident reports summaries, court documents, sample letter, and elicit electronic information AAJ Education speaker papers, and more • Health Care Facilities and Practitioners [Deposition summary accompanies each deposition • Product, Workplace and Transportation transcript] • Case law includes Sereboff, and pre- and post- Safety Sereboff cases • Trade and Industry Organizations Electronic Discovery Ex Parte Access to Corporate Employees: • Government and Foreign Jurisdiction [UPDATED June 2008; 601 pages] ABA Model Rule of Professional Conduct 4.2 Resources • Discussion of types of electronic shared [UPDATED July 2008; 514 pages] information (ESI), strategies, ethics, Admissibility of Expert Testimony: Daubert, admissibility and spoliation, and the role of • In-depth, state-by-state analysis of the Frye, and Other Standards computer forensics experts application of Rule 4.2 for all 50 states: the version of the rule applied, interpretive case [UPDATED July 2008; 1,295 pages] • Electronic discovery checklist citations, and case summaries in a variety of • Discussion of Daubert, Frye and other expert • How to preserve ESI and avoid spoliation, practice areas admissibility standards including sample preservation letters • Illustrative motions, memoranda, responses, • Procedural and scheduling issues and tactics • How to use discovery requests to elicit orders, and advisory ethics opinion regarding • How to use Daubert and other expert relevant ESI and whom to depose under Rule access to former and current corporate admissibility rules as a sword 30(b)(6) and what to ask, including sample employees in nursing home, product liability, requests for production of documents, notice and medical malpractice cases • How to “Daubert-proof” your experts of 30(b)(6) deposition, motions, and orders 2 www.justice.org/exchange | 800-344-3023 | 202-965-3500, ext. 615 • Strategies on the use of Rule 4.2, including Medicare and Medicaid Reimbursement Spoliation of Evidence sample questions for former and current Claims Survival Guide [April 2008; 710 pages] corporate employees [April 2008; 904 pages] • An overview of spoliation of evidence law Federal Tort Claims Act • What plaintiff attorneys should know to including state-by-state spoliation case law [UPDATED June 2007; 2,167 pages] protect their client and themselves when • Sample preservation letters confronting Medicare and Medicaid • Outline introduction to the FTCA • Over 30 court documents from medical reimbursement claims negligence, automobile/trucking, civil rights/ • Full text of the FTCA (28 U.S.C. §§ 2671–2680) • Addresses issues such as information to discrimination, and nursing home cases, and excerpts of the various applicable statutes obtain at case intake, determining what including motions and memoranda for • Standard Form 95, Freedom of Information your client owes, notice or verification to summary judgment, adverse inferences and Act records request checklist, FTCA sections the Government, future billings for past other discovery sanctions; appellate briefs; of the U.S. Attorneys’ manual, and example services, future benefits, statute of limitations, orders; and jury instructions agency regulations and FTCA handbooks settlement, allocation, resolving and • Transcript of motions hearing for sanctions • Court documents (complaint, discovery plan, negotiating the claim, waiver, where to put the for spoliation of evidence pretrial order, response to motion to limit funds, and ethical considerations • Bibliography of law journal and review testimony of the treating physician, choice of • Case law, including Ahlborn and post-Ahlborn articles law brief, and findings of fact and conclusions cases with summaries of law) • Relevant statutes and regulations for Medicare Taking Depositions • Deposition transcripts and summaries of and Medicaid [UPDATED January 2008; 2,047 pages] treating physicians and expert witnesses in • Court documents, including sample • Questioning techniques such as exhaustion, claims against U.S. military hospitals complaint for declaratory relief, Petition to restating and summarizing, and boxing in • Sample stipulation for compromise settlement Settle and Approve Trust and briefs and release of claim, and irrevocable • Questioning adverse experts, including • Sample letters, including to Coordination of defense medical examiners and standard of reversionary inter vivos medical trust Benefits Office care experts [Deposition summary accompanies each deposition transcript] Settlements: ERISA-Medicaid-Medicare- • The 30(b)(6) deposition and its role in your overall discovery plan Social Security HIPAA and Its Privacy Rules • Depositions from several practice areas [November 2006; 408 pages] [UPDATED June 2007; 690 pages] including: interstate trucking, insurance, • Effectively solve a client’s financial problems nursing home, and medical malpractice • Overview of common HIPAA issues facing while avoiding settler’s remorse and trial lawyers • Handling abusive tactics professional liability complaints • Statutory and regulatory materials, including • Preparing your client for deposition • How to identify alternative financial solutions, information on how to file a privacy maximize funds, and preserve government • Use of videotaped and telephone depositions complaint benefits • Organizing for depositions • HIPAA authorization and releases, letters to • How and when to address liens, subrogation, • How to use deposition psychology in eliciting health providers, protective order motion and claims for reimbursement, and taxation of answers memorandum, compliance letter, and related damages litigation materials • Supplemental Security Income and Medicaid; • AAJ Education speaker papers Social Security Disability and Medicare; and ERISA • Structured Settlements; Special Needs Trusts Fall 2008 3 Voir Dire and Jury Selection • The collection process from the initial • Depositions of neuropsychologists, [UPDATED June 2008; 1,043 pages] demand to the satisfaction of a monetary neurologist, life care planner as well as judgment biomechanical testimony • Hundreds of sample voir dire questions on subjects in which AAJ members regularly • Fair Debt Collection Practices Act, 15 U.S.C. • Trial transcripts: opening and closing represent clients: auto, products liability, §§ 1692–1692o statements medical negligence, insurance, toxic torts, • Servicemembers Civil Relief Act, 50 U.S.C. [Deposition summary accompanies each employment rights, civil rights, nursing App. §§ 501–596 deposition transcript] homes, business torts, and more, including • Sample letters to debtors, payment plans, sample questions on attitudes about hardship, Damages in Burn Injury Cases spreadsheets, and client communications lawsuits, damages, and burden of proof [February 2007; 274 pages] • Plaintiff’s Proposed Voir Dire Questions for Mandatory Arbitration • Management of the issues unique to burn an array of cases, related motions, Sample [UPDATED June 2006; 2,131 pages] injury cases Supplemental Juror Questionnaires, and a • Mandatory arbitration clauses in consumer, • Introduction to the biology and medical voir dire transcript employment, insurance, nursing home and treatment of burn injuries • General and subject-specific voir dire strategies, assisted living facility contracts • How to effectively document and present the as well as techniques for expanding voir dire, • Defense motions to compel arbitration, full extent of burn injuries and associated including time allotment and methodology plaintiffs’ memoranda in opposition to damages, including real case examples • Discussion of peremptories and challenges compel arbitration, plaintiff’s appellate briefs, • Sample court documents (complaint; for cause, including questions and illustrative depositions and discovery requests settlement and pre-trial memoranda; state cases • Litigation checklist jury instructions and interrogatories; and • Analysis of juror decision making, juror bias, • U.S. Supreme Court case summaries opposition to defense motions for bifurcation and using focus groups as a voir dire tool and exclusion of photographic evidence) • National Arbitration Forum (NAF) corporate • Burn treatment guideline summary, glossary NEW UDPATE! Wal-Mart Stores, Inc.: documents of medical terms, illustrations, and Internet Discovery Abuse • Case updates and filings in Nagrampa v. resources [UPDATED November 2008; 596 pages] Mailcorps, Inc., in Discover Bank v. Superior Court of Los Angeles County, and in Raymond • AAJ Education speaker papers • Sample preservation letters James Financial Services, Inc. v. Saldukas • Motion for sanctions, trial transcript, Prove Damages Using Opening Statements and Closing Arguments appellate briefs on issue of spoliation of evidence, and hearing transcripts Damages [UPDATED May 2008; 1,319 pages] • Deposition of Claims Management, Inc. Traumatic Brain Injuries • Addresses all aspects of damages, including employees and Wal-Mart supervisor [June 2008; 1,707 pages] how to craft persuasive opening statements • Opinions showing Wal-Mart’s status as a • Explores: investigation; filing; pretrial; and closing arguments, storytelling and discovery abuse “repeat offender” discovery; common defenses; motions in theming, structure, credibility, persuasion, limine; the science of traumatic brain injuries; and tying it all together • Charts listing sanctionable conduct, sanctions testing; experts; authoritative literature; and, • Opening statement transcripts from a nursing imposed, and judicial comments trial and settlement home case, a highway defect case, a birth [Deposition summary accompanies each deposition • Addresses common issues in traumatic injury case, and a pharmaceutical case transcript] brain injury cases, including: the no loss • Closing argument transcripts from a motor of consciousness defense; malingering; Commercial Law/ negative results from diagnostic tests; vehicle collision case, a trucking auto crash, medical negligence case, two birth injury Consumer Rights neuropsychological testing; mild brain injury; cases, and a pharmaceutical case premorbid and comorbid conditions Debt Collection [UPDATED June 2005; 185 pages] • Sample court documents: complaint; interrogatories; requests for production; and, • For the collection attorney and the attorney motions in limine, including on defense expert who represents victims of unfair debt testimony, Fake Bad Scale, lack of use of seatbelt collection practices 4 www.justice.org/exchange | 800-344-3023 | 202-965-3500, ext. 615 Employment Rights Sex Discrimination/Harassment Allstate Claim Policy-Practices-Procedures [UPDATED November 2003; 572 pages] Manual, Volume I (1994) Employment Discrimination Law • Detailed look at a lawsuit filed by a female [January 1994; 159 pages] [December 2005; 576 pages] police officer against her department • Portions of the Allstate Claim Policy- • Complaints and discovery requests from • Guiding commentary and suggestions from Practices-Procedures Manual, Volume I various employment discrimination cases the lead attorney • Updated through January 1, 1994 including age, disability, and sex-based discrimination • Key briefs, interrogatories, requests for production, and memoranda Allstate Claim Policy-Practices-Procedures • Summary judgment motions and opposition Manual (2003) briefs • Expert witness statements and [May 2005; 195 pages] correspondence to the EEOC • Employment law statutes and U.S. Supreme • Portions of the Allstate Claim Policy- Court case summaries outlining the changing role of a Rule 56 summary judgment motion Insurance Practices-Procedures Manual and its application in employment rights • Updated through January 2003 Allstate Automobile Claims cases [July 2007; 2,251 pages] Bad Faith: Travelers Insurance Company’s • EEOC materials outlining various charges of discrimination and information detailing how • Explores issues of investigation, negotiation, Incentive Program discovery and theories of liability [UPDATED April 2005; 1,267 pages] to file a complaint • Analysis of general claims handling of • Profiles a bad faith workers’ compensation • Wrongful termination and denial of COBRA automobile bodily injury claims at Allstate insurance case of a 57-year-old nursing home benefits court documents including Claims Core Process Redesign employee who developed work-related carpal Pregnancy Discrimination (CCPR), MIST, Colossus, UM and UIM tunnel syndrome claims, Special Investigative Unit and Allstate’s [May 2007; 996 pages] • Focuses on Travelers Claims Professional incentives programs • How to file a charge of pregnancy Incentive Program that rewarded employees • Sample court documents: complaints, with year-end bonuses for reducing overall discrimination requests for production, motions, oppositions insurance payouts • EEOC materials outlining pregnancy and orders regarding protective orders, discrimination filing requirements, • Travelers Incentive Compensation Program motions for sanctions against Allstate, and pregnancy-related protections, and statutory documents from 1998 to 2004 depositions of numerous Allstate employees authorities • Key court documents, deposition of Travelers’ • Explores bad faith and other theories of • Complaints and discovery requests from insurance expert, full trial transcript, and liability various pregnancy discrimination cases appellate briefs filed in Eighth Circuit Court [Deposition summary accompanies each deposition of Appeals • Pleadings, motions, discovery abuse, jury transcript] [Deposition summary accompanies each deposition instructions, posttrial motions, and mediation transcript] documents Allstate Claim Core Process Redesign • Plaintiff’s deposition outlining termination (CCPR) Implementation Training Manual Colossus Claims Evaluation Software from employment after supervisor learns of (1995) [UPDATED June 2005; 534 pages] employee pregnancy [July 1995; 605 pages] • An explanation of Colossus and how it is • Pregnancy discrimination statutes and Rule • Allstate claims training manual with Allstate’s used by insurers to evaluate the values of 56 motion practice descriptions of its controversial tactics automobile bodily injury claims • Pregnancy discrimination verdicts survey • Handling unrepresented claimants • Deposition testimony from Allstate employees • TRIAL article and AAJ Education speaker • Minor impact soft tissue (MIST) claims explaining Colossus and incentives for claims papers adjusters • Colossus [Deposition summary accompanies each deposition transcript] • Special Investigative Unit (SIU) Fall 2008 5 • Trial testimony, including cross-examination Farmers Home Group Loss Adjusting • Client interview and other pre-suit of the Colossus software licensor, about how (August 1995) and Farmers Home Group considerations, plus filing the claim, discovery, the software is “tuned” according to insurer Special Investigative Unit (SIU) Claims voir dire, and jury selection specifications Manual for Arizona (February 1997) • Addresses ERISA, common defenses, genuine- • Sample requests for production on the [UPDATED July 2006; 253 pages] issue rule, damages Colossus issue • Sample documents: complaint, depositions • Information on property and casualty claims • Farmers class action settlement handling of claims adjuster, corporate designee, [Deposition summary accompanies each deposition and defense expert, motions to compel, • SIU claim jurisdiction interrogatories, requests for production, and transcript] • Indicators of potential fraud and more requests for admission Defense Medical Examiner: Defusing the • Checklists: causes of action; deposition Testimony Fibromyalgia: The Essentials questions for claims adjusters and [May 2005; 240 pages] supervisors; and requests for production [UPDATED July 2007; 1,122 pages] • Explores issues such as: investigating the • Medical and legal fundamentals of litigating [Deposition summary accompanies each deposition defense medical examiner prior to deposition; fibromyalgia claims transcript] opposing or limiting the defense medical • Court and arbitration materials, including examination (DME); motions to videotape opposition to motion in limine and treating MTBI Cases: Insurance Company Defense and attend DMEs; compelling discovery physician deposition Medical Experts of defense medical examiner’s financial • Tender points quick reference and graphic, [January 2004; 1,498 pages] information; disqualifying the defense and illustrations • How to effectively cross-examine defense medical examiner and the potential liability experts on their neuropsychological • NIH patient publication and diagnostic of the defense medical examiners for medical techniques guideline summary negligence [Deposition summary accompanies each deposition • Depositions of insurance company defense • Depositions of several defense medical neuropsychologists, psychiatrists, and transcript] examiners from different specialties, including neurologists in the fields of neurology, orthopedics Fighting ERISA Preemption [Deposition summary accompanies each deposition and physical medicine and rehabilitation, [UPDATED July 2007; 618 pages] transcript] illustrating how to exclude or neutralize the testimony and expose bias • Court documents (sample plaintiffs’ briefs and memoranda of law on fighting ERISA Unauthorized Practice of Law: Jones v. • Sample court documents: interrogatories, preemption) Allstate Insurance Co. requests for production, motions to videotape [November 2002; 423 pages] and attend DMEs, motions to Compel • Litigation Update • Tactics for beating Allstate at its own game • AAJ Education speaker papers • AAJ Education papers, TRIAL and Law from the lead attorney in Jones v. Allstate [Deposition summary accompanies each deposition Reporter articles • “Smoking gun” corporate documents as well transcript] • Survey of Selected Journal and Law Review as strategies on how to use them articles Farmers Group of Insurance Companies: • Internet resources • Allstate’s use of its controversial Claim Enterprise Structure and Incentive Program Core Process Redesign (CCPR) policy to [UPDATED April 2005; 1,318 pages] Litigating the First Party Bad Faith discourage claimants from hiring a lawyer • 30(b)(6) depositions of the Farmers Insurance Claim • Allstate’s liability for unauthorized practice of employees most knowledgeable about [December 2006; 1,020 pages] law and resulting damages corporate structure, the claims incentive • Guide to litigating first party bad faith • Settlement between the parties invalidated program and accounting of premiums paid insurance claims whether based on property, and decision upheld on appeal by insureds disability, workers’ compensation, or health or • Briefs on the issues of punitive damages based accident policies on the claims incentive program and Farmers’ liability as a single business enterprise 6 www.justice.org/exchange | 800-344-3023 | 202-965-3500, ext. 615 UnumProvident Bad Faith: Deposition and UnumProvident Corporation Customer Summary Judgment on Issues of Bad Faith, Trial Transcript Collection Care Center Claims Manual (April 2001) Plaintiff’s Reply Briefs on Motions to Compel and for Sanctions, and more [UPDATED June 2005; 1,007 pages] [April 2001; 542 pages] • Deposition transcripts and summaries from • A must-have for lawyers with cases against • Long-term, short-term, and individual AIG employees involved in all aspects of UnumProvident disability claims handling • Testimony from current and former • Long-term care insurance • Deposition transcripts and summaries from employees and consultants, including • Life insurance the Plaintiff Insurance Expert and a trial physicians, executives, and claims adjusters • State law governing claims handling transcript and summary from the Plaintiff • A look into the “roundtable,” the controversial Orthopedic Surgeon claims-handling process UnumProvident Corporation Customer [Deposition summary accompanies each deposition • Deposition summaries and transcripts of Care Center Claims Manual (November transcript] claims consultants, claims examiners, and an 2002) appeals specialist from the case of Jay Lipshutz, [November 2002; 644 pages] Medical Negligence O.O. v. General American Life Insurance Company and Paul Revere Life Insurance • Expanded version of the April 2001 edition Birth Injury Cases: Cerebral Palsy and Company • Long term, short term, and individual Intrapartum Hypoxia disability [December 2007; 1,344 pages] • Trial and appellate court orders and trial testimony from the senior vice president of • Long term care insurance • Addresses issues common to cerebral palsy customer care from seminal case Hangarter v. • Life insurance cases, including not only causation but Provident Life and Accident Ins. Co. improper monitoring, improper assessment, • State law governing claims handling • Information on October 2005 class action failure of physicians to act on nonreassuring filing Workers’ Compensation Bad Faith: AIG fetal heart rate patterns, failure of nurses to [Deposition summary accompanies each deposition and American Home Assurance Incentive notify doctors of nonreassuring patterns, failure to do a cesarean section, and chain of transcript] Programs command [July 2006; 740 pages] UnumProvident Bad Faith: Occupational • Explores the science, investigation, filing, • Profiles a bad faith workers’ compensation Stress Deposition Collection ACOG publications, common defenses, claim where the carrier and its third party discovery, trial, settlement, and how to [UPDATED November 2005; 1,044 pages] administrator denied benefits based on an establish causation • Own occupation policy issue of new accident versus need for further medical treatment in relation to a prior • Depositions of obstetricians, nursing expert, • Step-by-step analysis of how UnumProvident accident infectious disease specialist, neonatologist, handled the claim and a pediatric neurologist • Insurer engaged in questionable • Substantial verdict against AIG • Includes medical illustrations, a medical communications with DME who later altered • AIG found fully responsible for breach of its resources page, and an extensive medical evaluation report duty and liable for life-time medical care and glossary • Testimony from the DME and company disability benefits • Sample court documents: complaints, claims, vocational, and medical personnel • Plaintiff produced evidence that defendants interrogatories, and requests for production • Information on October 2005 class action received financial incentives to cut claim costs rather than focus on fair evaluation of • AAJ Education speaker papers filing compensable claims [Deposition summary accompanies each deposition [Deposition summary accompanies each deposition transcript] transcript] • Contains key court documents including: Plaintiff’s Initial Disclosure Statement, Plaintiff’s Requests for Production of Documents, Plaintiff’s Statement of Facts, Plaintiff’s Motions to Compel for Production of Documents, Plaintiff’s Motion for Partial Fall 2008 7 Birth Injury Cases: Shoulder Dystocia Failure to Diagnose a Pulmonary Fetal Distress Signs and Failure to Timely [UPDATED August 2006; 1,753 pages] Embolism Perform a Cesarean Section • Deposition testimony of plaintiff and defense [April 2005; 866 pages] [February 2006; 649 pages] expert witnesses regarding brachial plexus • Complaint detailing defendant doctor’s, • Case profile injury sustained by infant after diagnosis of defendant hospital’s, and defendant physician • Complaint shoulder dystocia group’s negligence in diagnosing a pulmonary embolism • Opening Statement • Complaint detailing defendant’s negligence in prevention of further fetal injury • Deposition of defendant doctor regarding ER • Depositions of plaintiff and defense expert standard of care for detection of a pulmonary witnesses • National guidelines regarding shoulder dystocia and childbirth procedures embolism • Closing Statement [Deposition summary accompanies each deposition • Depositions of Medical Review Panel • Verdict information transcript] witnesses regarding deviation from standard • National guidelines regarding fetal of care distress, induction of labor, c-sections, and Birth Injury Cases: Shoulder Dystocia • Depositions from expert plaintiff and defense preeclampsia Expert Deposition Collection witnesses regarding adequacy of treatment [Deposition summary accompanies each deposition [July 2007; 390 pages] rendered transcript] • Collection of depositions in a case involving • Depositions of plaintiff and defense a breech birth and shoulder dystocia administrative experts regarding hospital Hospital-Acquired Infections presentation policy and procedure [March 2007; 736 pages] • Injured infant diagnosed with brachial plexus • National guideline regarding evaluation and • Explores patient safety and infection control injury and Erb’s palsy management of a pulmonary embolism procedures in the hospital setting • Deponents include experts in Obstetrics and [Deposition summary accompanies each deposition • Sample complaints in hospital-acquired Gynecology, Perinatology, Physical Medicine transcript] surgical infection and meningitis cases and Rehabilitation, and Pediatric Neurosurgery • •Discovery request and expert disclosures Failure to Diagnose Skin Cancer • AAJ Education speaker papers exploring • Verdict information and petition for appeal [October 2007; 1,728 pages] expert admissibility and Daubert issues in regarding damages cap medical negligence cases, deposition strategies • Addresses common issues in skin cancer cases, including: failure to recognize a suspicious • Depositions of defense witnesses in a in shoulder dystocia cases, and how to combat lesion; improper removal; improper staging; hospital-acquired infection case various shoulder dystocia defenses [Deposition summary accompanies each deposition insufficient excision; pathology error in • Summaries of national guidelines transcript] interpreting the tissue; failure to obtain a [Deposition summary accompanies each deposition second opinion; inadequate examination of a transcript] Failure to Diagnose Breast Cancer lesion; and causation [UPDATED July 2007; 1,251 pages] • Explores investigation, filing, pretrial, Improper Labor Induction Methods discovery, trial, and the science of skin cancer, [January 2008; 2,064 pages] • Explores complex issues of causation, including melanoma, squamous cell, and • Explores labor induction methods and standards of care, loss of chance for a cure, basal cell carcinoma injuries to both mother and infant staging, life expectancy, and overall case- handling strategies and techniques • Sample court documents: complaints, • Discussion of Pitocin administration and interrogatories, requests for production, and other common labor-induction methods • Case snapshot, including the complaint and opposition to motion for summary judgment depositions of seven physicians and two nurse • Addresses ACOG publications and common practitioners • Depositions of dermatologists, pathologists, defenses dermatopathologist, surgeon, and oncologist • Materials from other cases, including • Depositions of treating physicians, hospital complaints, plaintiff requests for production, • Trial transcripts: opening statements, direct staff, and expert witnesses from several cases plaintiff interrogatories, and depositions and cross examination of defendant • Court documents, including: sample [Deposition summary accompanies each deposition • AAJ Education speaker papers complaints, discovery requests, and mediation transcript] [Deposition summary accompanies each deposition brief transcript] 8 www.justice.org/exchange | 800-344-3023 | 202-965-3500, ext. 615 • Medical illustrations, medical glossary, • Depositions of the treating pediatrician, Life Expectancy and Neurological Injury: Internet resources, and medical journal neonatologist, and nurse practitioners Defense Experts survey • Depositions of plaintiff and defense expert [UPDATED March 2006; 1,018 pages] • AAJ Education speaker papers outlining witnesses • How to persuade the court to exclude these induction methods, indications and • National guideline summaries regarding defense experts’ testimony under Daubert contraindications to induction, and current meningitis diagnosis and proper management practices regarding labor induction, • Plaintiff and defense motions and of a febrile infant augmentation, and cervical ripening memoranda, depositions, trial testimony, and [Deposition summary accompanies each deposition favorable court orders [Deposition summary accompanies each deposition transcript] transcript] Litigating Gastric Bypass Cases Laparoscopy: Minimally-Invasive [UPDATED July 2008; 1,834 pages] NEW! Informed Consent Abdominal Surgery [September 2008; 1,804 pages] • Court documents: complaints, [UPDATED August 2006; 1,547 pages] interrogatories, requests for production, • State-by-state informed consent statutes and • Court documents and depositions requests for admission, motion for summary case law • FDA report on laparoscopic trocar injuries judgment and opposition • Complaints and Bill of Particular pleading • Glossary of medical terms and a medical • Depositions lack of informed consent literature bibliography • Deposition outline for a bariatric surgeon • Motions in Limine and Memoranda moving to exclude evidence of informed consent in • Consensus statements and clinical practice • Medical illustrations and medical journal negligence actions guideline summaries survey • Written discovery requests, sample • Medical illustration and a Medifocus • Consensus statements interrogatories and deposition outline for Reference Guide from AAJ Extras program • Clinical practice guideline summaries and defendant members Medical Legal Art’s Doe Report and internet resources Medifocus Legal • Deposition transcripts and summaries and [Deposition summary accompanies each deposition trial excerpts, including voir dire, opening transcript] LASIK statements, testimony from plaintiff, [UPDATED June 2006; 1,064 pages] Medication Errors defendant and expert witnesses, closing arguments, jury instructions and verdict, • Outlines the risks resulting from improper [August 2007; 1,792 pages] from a successful case tried solely on the issue screening, surgeon error, equipment • Explores issues of investigation, filing, pretrial, of informed consent malfunction, lack of informed consent, and discovery, mediation, and trial postoperative complications • AAJ Education speaker papers providing an • Addresses duties of health care providers, overview of informed consent law in medical • Court documents (complaint and request for analysis of medical records, drugs commonly negligence cases production of documents) implicated in medication error cases, internet [Deposition summary accompanies each deposition • Depositions of defendant-ophthalmologists, resources and protocols transcript] defendant-optometrists, and a defense • Sample court documents: complaints, ophthalmologist expert requests for admission, interrogatories, Injured Infants: Failure to Diagnose • Trial transcript and summary of a plaintiff’s mediation brief, requests for production and Meningitis vision scientist expert depositions of numerous medical providers [UPDATED October 2006; 2,107 pages] [Deposition summary accompanies each deposition • Case materials from post-surgical medication • Profiles the case of a newborn infant who transcript] error case in a hospital setting, a morphine contracted a hospital-acquired infection that pump case, and an emergency services caused meningitis medication error case • Complaint outlining liability for all • AAJ Education speaker papers defendants [Deposition summary accompanies each deposition • Depositions of the mother and father who transcript] discuss daily living activities and quality of life issues Fall 2008 9 Nursing Errors in Hospitals Surgical Negligence: Retained Towel • Department of Transportation Notice of [March 2007; 1,624 pages] [September 2006; 764 pages] Proposed Rulemaking regarding roof crush preemption • Explores issues of case investigation, filing • Key documents that focus on surgical and [Deposition summary accompanies each deposition and pretrial, discovery, trial and post-trial, nursing standards of care regarding surgical transcript] including hospital liability, physician liability, count procedures and causation res ipsa loquitur, and standard of care • Complaint and timeline of events Firestone Tire Tread Separation • Sample court documents: complaint, • Plaintiff and defense motions for summary [August 2000; 929 pages] interrogatories, requests for admissions, judgment and reply memoranda requests for production, and appellate briefs • August 2000; ATX, ATXII, and Wilderness AT • Jury instructions on foreign object counting tire recalls • Checklists: common defenses, documents, and res ipsa loquitur and deposition questions for nurses and nurse • Pleadings and other court documents from experts • Plaintiff’s closing argument transcript across the country • Depositions of treating nurse, nurse • Depositions of several defense and plaintiff • NHTSA documents supervisor, nurse expert and Chief Nursing expert witnesses [Deposition summary accompanies each deposition Interstate Trucking: Cross-Examining the Officer transcript] Trucking Company’s Safety Director and • Trial testimony of treating nurse, nurse expert Driver and treating doctor. Motor Vehicle/ [December 2007; 504 pages] • Case materials address issues of failure to monitor, improper performance of treatment, Automobile Products Liability • General deposition outlines: defendant trucking company’s safety director and negligent administration of medication, and NEW UPDATE! Automobile Data Recorder: defendant truck driver failure to communicate Litigating the “Black Box” Issue [Deposition summary accompanies each deposition • Depositions and trial transcripts: defendant [UPDATED August 2008; 1,320 pages] transcript] trucking company’s safety directors and • Technical explanation about how the “black defendant drivers addressing the issues of Pharmacy and Pharmacist Liability box” works trucking company’s organizational structure [UPDATED April 2006; 290 pages] • Strategies on preservation and downloading and operations, accident procedures and of data, use of experts, ownership of data, and policies, and familiarity with the Federal • Discussion of traditional pharmacy and Motor Carrier Safety Regulations (FMCSRs) other issues pharmacist liability, and the trend of broadening liability • Court documents including discovery • Notice to take Deposition of Defendant Truck requests, deposition, trial transcript, and Driver • Court documents from cases involving the other filings in prominent cases • Internet resources failure to dispense the proper medication and the failure to warn of contraindication • Federal regulatory and state legislative activity, • AAJ Education speaker papers on trucking between two medications and NHTSA materials on the “black box” deposition strategies and issues specific to • Court documents include: complaints, • Verdicts and settlements deposing and cross examining defendant answers, affidavits, motions, and orders [Deposition summary accompanies each deposition trucking company’s safety director and transcript] defendant driver • Depositions of plaintiffs’ pharmacy and [Deposition summary accompanies each deposition toxicology experts from a “misfill” case Crashworthiness Cases transcript] [Deposition summary accompanies each deposition [UPDATED September 2006; 1,394 pages] transcript] Interstate Trucking: Defense Expert • Court documents addressing: rollover Deposition Collection crashworthiness, door latch defects, and [December 2007; 674 pages] frontal crashworthiness • Federal Motor Vehicle Safety Standards and • General deposition outlines: defense trucking Regulations expert and defense accident reconstruction expert • National Highway Traffic Safety Administration crash data materials and a list • Depositions and transcripts: human factors of pertinent Internet resources expert, VORAD system expert, and three accident reconstruction experts 10 www.justice.org/exchange | 800-344-3023 | 202-965-3500, ext. 615 • AAJ Education speaker papers on trucking Interstate Trucking: Spoliation of Evidence Low Speed Impact and Connective Tissue deposition strategies, issues specific to [UPATED July 2008; 306 pages] Injuries deposing adverse and lay witnesses, and • Spoliation of evidence, the alteration or [UPDATED January 2008; 1,508 pages] innovative discovery techniques destruction of evidence, can have disastrous • Explores key issues in assessing and trying • Internet Resources consequences for plaintiff attorneys litigating low-impact connective tissue cases, including: [Deposition summary accompanies each deposition trucking cases case and client credibility; using medical transcript] literature to prove damages; discovery; • Sample preservation letters plaintiff’s experts and depositions of defense Interstate Trucking: Independent • Sample deposition questions to establish experts; voir dire; and, cross-examination of Contractor Defense spoliation of evidence defense medical examiners [March 2007; 340 pages] • Sample court documents: Request to Inspect • Depositions, including biomechanist, Vehicle; Request for Jury View; two Motions • Discussion and guidance regarding how neurologist, and neuropsychologist as well as in Limine, enumerating a federal circuit-by- to overcome the independent contractor a deposition outline for defendant driver and circuit analysis and state-by-state analysis defense: statutory employee doctrine and client deposition checklist of spoliation law; Briefs, and Memorandum nondelegable duty • Sample court documents, including Orders • Information on how to use discovery and interrogatories and requests for production, • Federal Motor Carrier Safety Regulation jury instructions to establish and strengthen motions to strike testimony of defense regarding preservation of records and liability experts, orders excluding defense expert’s Internet Resources • Sample plaintiff motion for partial summary testimony, pretrial memorandum, and • AAJ Education speaker papers and TRIAL appellate brief challenging admission of judgment and trial brief articles expert testimony • Internet resources: federal government, safety advocacy and research, and industry resources Interstate Trucking: Using 30(b)(6) and • Trial testimony and cross-examination of defense expert Other Deposition Strategies Interstate Trucking: Regulations, Discovery • AAJ Education speaker papers [December 2007; 555 pages] and Damages [Deposition summary accompanies each deposition • General deposition outlines: defendant [UPDATED October 2007; 1,958 pages] transcript] trucking company’s 30(b)(6) corporate • Discussion and guidance regarding the hours- representative, CEO/President, and Dispatch/ of-service-of-drivers rule, cargo securement Seat Belt Defects Operations employee rule, and alcohol and drug regulations [October 2007; 2,828 pages] • Depositions and trial transcripts: 30(b)(6) • Sample court documents: complaints and corporate representatives, CEO/Presidents, • Over 60 court documents, including answers, discovery requests and responses, and employees working in Dispatch/ depositions and trial testimony, from a and pretrial and trial documents Operations number of seat belt defect cases addressing defective seat belt buckles and seat belt • Depositions addressing truck collision • Notices of Deposition of defendant trucking retractors, including from Force v. Ford Motor warning systems and communication systems company’s 30(b)(6) corporate representatives Co. and Mazda Motor Corp. • Deposition outlines for defense trucking and and other court documents • Information addressing preemption in seat accident reconstruction experts • AAJ Education speaker papers regarding belt defect litigation • AAJ Education speaker papers on regulations, taking depositions of defendant trucking company’s 30(b)(6) corporate representatives • Contact information for members who have causes of action, discovery, accident and other company-employees depositions tried or investigated similar matters reconstruction, damages, and trial techniques • Internet resources • AAJ case abstracts and Westlaw survey of jury • 2005 Large Truck Crash facts and Internet verdicts Resources [Deposition summary accompanies each deposition [Deposition summary accompanies each deposition transcript] • AAJ Education speaker papers and TRIAL transcript] articles • Federal Motor Vehicle Safety Standards and National Highway Traffic Safety Administration materials Fall 2008 11 • Internet resources, practice tips, and a • AAJ Education speaker papers outlining • Explores issues of selecting a jury in a glossary of terms often used in seat belt defect strategies for overcoming discovery nursing home case and includes the Voir Dire litigation obstruction, including discovery abuse in transcript from this groundbreaking case [Deposition summary accompanies each deposition nursing home cases • Trial transcripts: opening statement, closing transcript] • Bibliography of treatises and legal journal argument, and rebuttal articles regarding discovery abuse in civil • AAJ Education speaker papers Preparing a Motor Vehicle Collision Case cases [Deposition summary accompanies each deposition [UPDATED March 2008; 926 pages] Independent Living Facility Litigation: transcript] • Fundamentals of litigating motor vehicle cases from client interview to trial Mckay v. Lifestyles Senior Housing NEW UPDATE! Nursing Home and Assisted- Managers, L.L.C., D/B/A/ Glenwood Place Living Facility Mandatory Arbitration • Addresses issues such as determining a client’s insurance coverage, working with insurance Senior Living [UPDATED September 2008; 453 pages] adjusters, case cost control, potential [January 2008; 576 pages] • Analysis of arbitration clauses in nursing crashworthiness, experts, demonstrative • An exploration of the differences between home and assisted living admission contracts evidence, and negotiating a settlement independent living facilities and other senior housing facilities • Strategies on how to defeat attempts to • Court documents, including sample compel arbitration including common complaint, interrogatories, and requests for • Court documents, including complaints, defense claims of mental competency, production discovery requests, motions, memorandum, assignment of contract, and valid power of • Motions, including numerous motions in briefs, orders, and jury instructions attorney limine and plaintiff’s partial motion for • Depositions of independent living facility • Discovery directed at arbitration clauses in summary judgment on issue of liability in executives and staff, and defense and plaintiff admission contracts rear-end collision expert witnesses • Orders denying defense motions to compel • Depositions of biomechanical engineer, and • AAJ Education speaker papers arbitration and related briefs physical medicine and rehabilitation specialist [Deposition summary accompanies each deposition • Update on legislative issues including Fairness • Deposition checklist for defendant driver transcript] in Nursing Home Arbitration Act and case • Strategies for handling defense experts: law survey ManorCare and Inadequate Staffing, medical experts, accident reconstructionist, biomechanical engineer, and defense medical Spoliation of Evidence, and Corporate • Bibliography of recent law journal and review Disregard: Keith v. ManorCare articles examiner [September 2007; 4,125 pages] • Jury selection, openings, and closings Nursing Home Litigation: Beverly [Deposition summary accompanies each deposition • Case profile of New Mexico ManorCare case Enterprises, Inc. transcript] detailing ManorCare’s corporate disregard for [March 2008; 1,286 pages] residents seen through record documentation, • Explores issues of investigation, discovery, and Nursing Homes inadequate staffing, and spoliation of evidence litigation against Beverly and its subsidiaries Discovery Abuse: Lessons Learned from • Complaint and pre-trial motions • Over 40 court documents, including Nursing Homes Cases complaints, interrogatories, requests for • Deposition testimony illustrating production of documents and admissions, [UPDATED March 2006; 676 pages] ManorCare’s cover-up of resident death numerous motions in limine and oppositions, • Sample discovery requests, motions to • Depositions of ManorCare Vice Presidents; and voir dire compel, motions for sanctions, and court Assistant Vice President of Clinical Services; orders in several cases against nursing home • Depositions of Beverly Chief Operating Office Regional Director; Administrator; Director / Executive Vice-President and Vice-President operators of Nursing; Assistant Directors of Nursing; of Professional/Clinical Services; and Director • TRIAL articles on discovery abuse in nursing Director of Medical Records; plaintiff medical of Operations, Executive Director, Director home cases and on a wider scope expert; defense medical expert; treating of Nursing, LPN, CNAs, and Dietary Service LPN’s; and treating CNA Manager from Beverly run nursing homes 12 www.justice.org/exchange | 800-344-3023 | 202-965-3500, ext. 615 • Beverly corporate documents Nursing Home Litigation: Negligent Hiring Pressure Sores • AAJ Education speaker papers [March 2005; 954 pages] [December 2006; 1,833 pages] [Deposition summary accompanies each deposition • Case of negligent hiring, retention, and • Deposition collection and important transcript] supervision against ManorCare materials addressing nursing care and • Resident was sexually abused by an employee pressure sore development Nursing Home Litigation: • Depositions of treating physicians and nurses, Inadequate Staffing • 30(b)(6) depositions of facility’s administrator and human resources director expert geriatricians, and registered nurses [June 2004; 2,388 pages] • 30(b)(6) depositions of regional human • Cross-examination strategy and questions • Wrongful death; inadequate staffing and documentation; pressure sores, malnutrition, resources director and regional director of • Pressure sore staging and dehydration operations • Federal statutes • Key court documents from complaint to • Depositions of facility’s director of nursing • Information on clinical practice guidelines verdict form and medical director • AAJ Education speaker papers and TRIAL [Deposition summary accompanies each deposition • Depositions, trial transcript, and trial exhibits article transcript] [Deposition summary accompanies each deposition • Medical illustration transcript] Nursing Home Litigation: Nursing Errors • National guidelines summaries [May 2007; 1,022 pages] Nursing Home Litigation: [Deposition summary accompanies each deposition Lavalis v. Copperas Cove, L.L.C. • Explores issues of case investigation, filing, transcript] pretrial, discovery, and trial [July 2002; 1,133 pages] • Wrongful death case litigated against a Texas • Sample court documents: complaint, Premises Liability interrogatories, notice of deposition for nursing home Dog Bite Litigation corporate representative with request for • Evidence of medical negligence illustrated production of documents, and depositions [February 2008; 707 pages] in court documents, including pleadings, • State-by-state overview of dog bite statutes • Checklists: common defenses, documents, depositions, expert materials, and evidentiary and laws and deposition questions for nurse experts motions • Depositions of Administrator, Director of • Court documents, including complaint, Nursing Home Litigation: Manor Care Nursing, plaintiff’s nurse expert, treating LPN summary judgment documents, judgment notwithstanding the verdict motions, and Management Deposition Collection and treating RN motion for new trial pleadings [July 2003; 756 pages] • Case materials from nursing negligence fall case, including issues of improper assessment, • Opening and closing arguments, jury • Collection of depositions in a case of improper care planning, improper charting, instructions, and special verdict form wrongful death due to inadequate care and supervision failure to communicate with physicians, and • General deposition outline for the defendant violations of the standard of care pursuant to in a dog bite case • Resident bled internally and passed away after OBRA, ANA standards and Nurse Practice Act • AAJ Education speaker paper and TRIAL receiving inadequate care • Secondary resources articles • Deponents are the facility’s management [Deposition summary accompanies each deposition • Dog bite and attack statistics and CDC personnel, including the administrator, transcript] materials director of nursing, and other managers • Similar matters and Animal Attacks Law [Deposition summary accompanies each deposition Nursing Home Litigation: Standard of Care transcript] Reporter abstract set Expert Deposition Collection [UPDATED May 2003; 1,089 pages] • Expert depositions in a case of decubitus ulcers, malnutrition, and chemical restraint • Transcripts for both plaintiff and defense experts [Deposition summary accompanies each deposition transcript] Fall 2008 13 Home Depot USA, Inc.: Falling Secondhand Smoke Liability Wal-Mart Stores, Inc.: Premises Liability Merchandise [May 2002; 542 pages] (Shooting) and Litigation Abuse [UPDATED July 2003; 1,369 pages] • Outlines a successful landmark Australian [March 2001; 5,292 pages] • Materials related to incidents of injury caused case brought by a woman who suffered cancer • The Case Record for Robbins v. Wal-Mart, by falling merchandise due to improper as a result of exposure to secondhand smoke including the docket and all of documents storage methods • Contains noteworthy filings in connection entered into the record • Report of Falling Merchandise Incidents with this case, including statements by • Transcripts and court documents regarding (1994–1995) both plaintiff and defense experts, and the plaintiff’s motions to compel discovery commentary by the AAJ member who and for sanctions for discovery abuses • Depositions of Home Depot management handled the case and loss prevention personnel • Extensive discovery material from Robbins [Deposition summary accompanies each deposition • Includes Plaintiff’s Original Statement of and other cases, including Wal-Mart’s transcript] Claim, Second Defendant Port Kembla produced documents and depositions of key RSL’s Defense to Amended Statement of Wal-Mart employees Marriott Inadequate Security and Claim, Plaintiff’s Second Further Amended Litigation Abuse Statement of Particulars, Report of Plaintiff’s Wal-Mart Stores, Inc.: Slip and Fall Expert, Transcript of Plaintiff’s Cross [October 2002; 1,444 pages] [UPDATED May 2002; 3,116 pages] Examination of Defense Expert Professor • Inadequate security case in its entirety and • Documents from a case in which Wal-Mart Phillip Witorsch, Plaintiff’s Opening Address, material from three other Marriott cases acted negligently in failing to adhere to its Plaintiff’s Closing Address, Judge’s “Summing policies • Insight from AAJ members about inadequate Up” security cases • Internal documents outlining store policies Wal-Mart Stores, Inc.: Falling Premises Security Liability: Apartment Merchandise Products Liability Complexes [July 2003; 2,454 pages] Bed Rails: Dangerous Devices [UPDATED January 2008; 1,418 pages] • Plaintiff severely injured by a wall of falling [March 2006; 541 pages] • Provides an overview of inadequate security merchandise • Profiles two wrongful death actions where the in apartment complexes and explores the • Plaintiff suffered cognitive impairment, decedents were killed as a result of bed rail relevant legal theories and the legal issues organic mood disorder, and epilepsy entrapment: one death occurring at a hospital in apartment complex premises security • Depositions and court documents, including: and the other death occurring at a long-term litigation complaint, discovery materials, trial briefs and care facility • Sample court documents, including motions, exhibits, appeals, and orders • Focuses on the physical apparatus of bed complaints, requests for production of • Corporate documents, including report of rails, the bed manufacturer’s responsibility for documents, and interrogatories falling merchandise (1989-1994) design, and related products liability issues • Depositions of defendants’ employees and [Deposition summary accompanies each deposition • Depositions of key bed manufacturer expert witnesses and closing arguments transcript] employees including: Director of Regulatory • Similar matters, Law Reporter abstracts, and Affairs, Design Engineer, Account Executive, Westlaw verdict survey Wal-Mart Stores, Inc.: Inadequate and Field Representative • AAJ Education speaker papers and TRIAL Security and Litigation Abuse • Motion for judgment in an entrapment case, articles [UPDATED October 2003; 1,487 pages] similar matters and a case abstract • Crime awareness and premises liability • Plaintiff was abducted in the parking lot • Westlaw Survey regarding Company Profiles reference guides for apartment owners and • Plaintiff’s motions for contempt and for the three largest bed rail manufacturers managers sanctions, and depositions of Wal-Mart’s in- • FDA materials including safety alert, bed [Deposition summary accompanies each deposition house legal team safety guide, and clinical guidance assessment transcript] • “Smoking gun” corporate documents [Deposition summary accompanies each deposition transcript] 14 www.justice.org/exchange | 800-344-3023 | 202-965-3500, ext. 615 Heart Device Recalls Toxic and Pharmaceutical Torts Duragesic Fentanyl Pain Patch [UPDATED February 2008; 775 pages] [UPDATED April 2008; 1,422 pages] Avandia • Thousands of defibrillators and pacemakers • Over thirty sample court documents, [UPDATED August 2007; 239 pages] recalled including complaints; requests for admissions, • GlaxoSmithKline adds a Black Box warning production of documents and interrogatories; • New Class 1 Recall of Medtronic Inc. Sprint to Avandia on June 7, 2007, subsequent to a and motions and oppositions, including from Fidelis Defibrillator Leads Congressional hearing on Avandia safety the two largest Duragesic patch cases to date • Sample client intake, questionnaire, and • Overview of Avandia and the emerging • Deposition summaries and transcripts of timeline of key events and similar matters litigation concerning its link to heart attacks plaintiff and defendant expert witnesses, • Guidant and Medtronic complaints and cardiovascular problems treating physician, and plaintiffs (including Medtronic Sprint Fidelis), • Sample Avandia complaint • Contact information for members who have motions, a preservation order, and MDL information • Sample client intake documents and tried or investigated similar matters questionnaires • AAJ case abstract and Westlaw survey of • Statute of Limitations and Medical Device Amendments (MDA) preemption discussion • Contact information for members who have verdicts and settlements including the recent Riegel decision tried or investigated similar matters • AAJ Education speaker papers and TRIAL • Order denying Medtronic’s motion for • AAJ Education speaker papers and Law articles summary judgment based on preemption Reporter materials • Survey of news articles, medical journals and • Information on Guidant bellwether trials and • Surveys of news articles and medical journals law review articles, and FDA materials Medtronic and Guidant bundling orders • Testimony from the June 6, 2007 [Deposition summary accompanies each deposition Congressional Hearing on Avandia transcript] • FDA materials and updated recall information • FDA and NIH articles Fen-Phen • Information on the Independent Panel of • Internet resources [UPDATED May 2005; 199 pages] Guidant Corporation investigation • Details of Guidant settlement Bausch & Lomb • Developments regarding the weight loss regimen known as “Fen-Phen” [UPDATED July 2007; 131 pages] Tasers: Unsafe and Lethal • ReNu with MoistureLoc, a contact lens Fosamax, Zometa and Other [May 2006; 569 pages] cleaning solution, linked to outbreak of Bisphosphonates • Complaints from two separate Taser cases Fusarium Keratitis [April 2007; 289 pages] (one alleging wrongful death and the other • Client intake form and questionnaire • Provides overview of Fosamax, Zometa, alleging use of excessive force and civil rights • Complaint and other bisphosphonates and the violations) • Information on Fusarium Keratitis emerging litigation concerning their link to • Depositions from key Taser International osteonecrosis of the jaw employees, including the Vice President of • Timeline of key events • Information on case screening, including Research and Development, Director of • AAJ Education speaker papers and similar sample client questionnaire Training, Director of Technical Programs, and matters a Regional Manager • Sample complaint and court orders • Medical journal survey and illustrations • Taser study from the American Civil Liberties • Information on osteonecrosis of the jaw Union of Northern California Bextra (ONJ) [Deposition summary accompanies each deposition [UPDATED July 2005; 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