NBI Advanced Products Liability

“Use of Demonstrative Evidence at Trial” and “How to make Science Understandable to a Judge and Jury”

NBI Advanced Trial Techniques

“Use of Demonstrative Evidence at Trial–How to maximize Your Results”

MBA “What Civil Court Judges Want You to Know”

Moderator’s of a panel of three Milwaukee County Civil Court Judges discussing scheduling orders, pre-trial orders, use of depositions at trial, objections at trial, fundamentals of brief writing and motion practice.

Trends in Crashworthiness and Enhanced Injury Litigation

Safety is hot area of auto marketing. Technology takes driver out of safety equation; crashworthiness driven by consumer expectations; unintended consequences of airbags; reasonable expectation test; enhanced injuries. Reviews new Restatement (Third).

Demonstrative Evidence at Trial – Maximize Your Results

Discusses what evidence to use and how to use it in order to get a favorable result at trial.

Medical College of Wisconsin, Department of Neurology, Neurosurgery, and Neuropsychology

Address to hospital based group on medical malpractice law in the state of Wisconsin.

Milwaukee Academy of Surgery

Address to this honorary society for surgeons on the topic of medical malpractice as it relates to surgeons.

Several Liability & Damages Survival Tactics

Discusses various litigation and damage strategies plaintiffs may use to survive the changes in joint and several liability: joint enterprise, concerted action, faultless plaintiff, apportionment of damages, admissibility of medical records.

Jury Selection: A Personal Journey

Two major goals during the jury phase of the trial: earn the jury’s trust, and identify those jurors who are not likely to give you a fair shot at a favorable verdict. Many lawyers use this phase to sell their case to the jury. This must be approached very carefully, or you risk undermining your efforts to earn the jury’s trust.

Destruction and Alteration of Evidence

Inspect records for alterations. Powerful evidence to attack credibility; strengthens settlement posture. WI does not recognize tort of spoliation. Considers elements of, damages in, and procedural issues with tort of intentional spoilation.

Recent Developments in Seatbelt/Airbag Cases

Injuries to occupants from motor vehicle restraint system. Covers seat belt design defects, lap belt only, submarining, slack or looseness in 3-point belt, passive belt systems, inertial unlatching, improper anchor location, failure to test, integrated restraints, air bag defects, manufacturers’ defenses.

Spoliation: To the Victor Go the Spoils?

Duty to preserve evidence; states which recognize tort of spoliation; civil sanctions for spoliation recognized by more states; criminal sanctions; misrepresentation; detailed analysis of WI law and cases; federal cases; ethical considerations. Includes articles about topic.

Jury Deliberations

Wisconsin Trial Practice, State Bar of Wisconsin Series Publication.

American Board of Trial Advocates – Mock Trial Moderator

Day long mock trial demonstration of a premises liability case tried by Mr. Prachthauser several years earlier.

Supreme Court Seminar for Judges and Justices

Half day program presented to judges throughout the state, using video vignettes requiring evidentiary rulings. The program was designed to help judges sharpen their knowledge of the Wisconsin Rules of Evidence.

Rules of Evidence

Day long seminar presented to Wisconsin lawyers on the rules of evidence. The program utilized more than 50 vignettes which the audience was given an opportunity to rule upon using a key pad responder system.

Opening Statement - Opportunity Knocks. Opening statement - first coherent statement of case.

Tell story, be persuasive, not argumentative. Defuse and minimize client’s bad facts. Humanize client. Should compel jury to have interest and belief in case. Maintain eye contact, voice control and emotion.

Ten Tips for an Effective Closing Argument, Tips on Preparing and Presenting a Closing Argument

Be direct, sincere and friendly; use plain language; write down your closing, simplify; refer to client by name; be courteous and respectful; eliminate preconceived notions; use the verdict form; and plan rebuttal in advance.

Direct Examination of Lay and Expert Witnesses: You Must Have a Target to Hit the Bull’s Eye

Goal of direct examination is to present to fact finder observations and opinions (where permissible) of credible witnesses clearly, logically and in manner which persuades.

The Doctrine of Crashworthiness: Past, Present and Future

Development of negligence and strict liability in products liability action; origins of crashworthiness; definition; Wisconsin case law; future developments; state of the art; continuing expansion of crashworthiness.

Presenting Loss of Consortium Claim

Discusses the background, legal elements, limitations, and proof of claim for loss of consortium claims. ON DISK.

Current Issues on Adverse Medical Examinations

Lists 5 abuses that are common to defense medical examinations (not independent) and gives ways to deal with each abuse. The 5 are: (A) “hiding” results that are favorable to plaintiff by not calling examiner as witness; (B) making the exam a “second deposition;” (C) detailed medical history; (D) using a professional examiner; and (E) out of state examiner who is not made available for deposition. Third party attendance and recording the DME.

Discovering your Opponent’s Medical Expert’s Opinion

Plaintiff is entitled to discover report of “independent” medical examination, even if physician is not going to be called as witness; inc. form of stipulation that includes right of plaintiff to take doctor’s deposition.

Effective Discovery Tools to Increase the Pressure to Settle Discovery

Secure relevant, admissible evidence, acquire information leading to admissible evidence, discern factual and legal basis for defense, identify defense’s expert and lay witnesses and their testimony, identify evidence defense may use. Develop a discovery plan in every case. Provides examples of informal discovery methods, formal discovery: depositions, interrogatories, requests for admission, and documents.

Maximize the Pressure to Settle: Formal and Informal Discovery Techniques

New Lawyers Section. Purposes of discovery and discovery plan. How informal discovery techniques can be used in auto, premises, products, med mal and other cases. Formal discovery inc. depositions, interrogatories, requests for admissions and production. Inc. list of ATLA Litigation Groups.

Juries: Problems That Occur After Deliberations Have Begun

Common problems and how to handle them, including jurors themselves (illness, emergency, etc.), what is sent in, questions, juror misconduct, irregularities in reaching verdict. Mistrial, alternate jurors, juror bias.

Effective Pain and Suffering Argument in the Soft Tissue Case

How to prepare argument for pain and suffering in soft tissue case; definition and mechanisms of soft tissue injuries; how to handle lay and expert witnesses; rebuttal arguments to common defense positions; defense medical examiner.

David v. Goliath: Two Moms Fight for Justice

Patty Millar and Barb Schultz, two Mothers from Menomonie, WI, spoke about struggle to change WI’s wrongful death law. Legislative process, special interest groups and travels across state to raise awareness. Admonished lawyers to take cases involving children.

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