| How to Turn the Stipulated Liability Case Against the Defendant |
| The Texas Trial Lawyers Association asked Jim to speak on Stipulated Liability case for its Car Crash Seminar held in February 2010. |
| view slides > email > |
| Cross-Examination |
| Jim Mitchell delivered a speech on cross examination strategies for the a trial lawyer's association. The speech on this important topic was attended by trial lawyers across the State. |
| view slides > email > |
| Motion and Hearing Advocacy |
| The Dallas Bar Association asked Jim Mitchell to present on Advocacy in Hearing before the court. The speech was held at the Belo mansion and was well attended. |
| view slides > email > |
| Proportionate Responsibility |
| The State Bar of Texas has asked Andy Payne to present a speech and paper on the complex legal topic of Proportionate Responsibility. Andy is proud to be included among the distinguished faculty for this program. |
| view slides > view paper > email > |
| Mediation Strategies |
| The State Bar of Texas held its Spring Training Program in Dallas. Andy Payne served on a panel that discussed mediation strategies from the Plaintiff and Defense perspectives. The other panelist included Former Ambassador to Saudi Arabia, Robert Jordan and renowned trial lawyer, Richard Sayles. |
| view paper > email > |
| Emerging Trends in Product Defect Litigation |
| Texas Trial Lawyers' Association asked Andy Payne to speak on Emerging Trends in Product Liability Litigation at its Houston & Dallas Car Wrecks Seminar. Andy discussed emerging product theories and updated the association on the Toyota Sudden Acceleration Litigation. |
| view slides > view paper > email > |
| Trends In Automotive Products: Toyota Sudden Acceleration and Hybrid Brake Issues |
| Texas Trial Lawyers invited Andy Payne to speak in Las Vegas. His topic will cover emerging trends in automotive products liability litigation. The speech will focus on the Toyota's problems with sudden acceleration and the braking issues on it Hybrid vehicles. This lecture will help lawyers to understand the defects and prepare for related litigation. In addition, the speech will discuss other emerging trends in automotive defect litigation. |
| view slides > view paper > email > |
| DAYL: Discovery Issues |
| The DAYL asked Andy Payne to participate in a three-member panel including a local judge and defense lawyer. The panel is going to discuss discovery issues and advise.
|
| view paper > email > |
| 2010 Products Liability Update |
| Each year, the State Bar of Texas holds a three-day seminar on Advanced Personal Injury. The seminar is held live in three cities: Dallas, San Antonio & Houston. The State Bar has again asked Andy Payne to present the Product's Liability update for this premier seminar. |
| view slides > view paper > email > |
| Products Liability Update 2009 |
| The past few months brought pro-plaintiff changes at the federal level.
|
| view slides > view paper > email > |
| Shadow Juries, Focus Groups, and other Methods for Evaluating your Approach |
Anyone who has ever tried a lawsuit more than once, because of a mistrial or after an appeal, is readily familiar with how much better a case can be presented after a “practice run.”
|
| view paper > email > |
| Demonstrative Evidence 2009 |
|
| view slides > email > |
| Recognizing Automotive Defect Cases |
|
| view slides > email > |
| Paralegal's Role in Product Liability Cases |
|
| view slides > email > |
| Plaintiff's Jury Argument |
|
| view slides > email > |
| Screening Automotive Products Liability Cases |
|
| view slides > email > |
| Focus Groups & Mock Trials 2009 |
|
| view slides > view paper > email > |
| Safety Issues with Sports Utility Vehicles |
| Sport Utility Vehicles (SUVs) have enjoyed tremendous commercial success. Part of the reason for this success is the public perception that SUVs are safer because they are bigger, sturdier vehicles. However, this perception is incorrect.
|
| view paper > email > |
| Products Liability Update 2008 |
As with most areas of tort law in Texas, recent legislative and judicial tort reforms have significantly changed products liability.
|
| view slides > view paper > email > |
| Privileges: How to get Information; How to Protect it |
This paper will help you identify the common privileges that exist in Texas. It will outline methods you can take to protect those privileges and offer strategies for challenging the other side when they assert a privilege.
|
| view paper > email > |
| General Aviation Revitalization Act Update |
| These cases represent recent developments in case law relating to the General Aviation Revitalization Act of 1994 (GARA) as located since 9-14-2005 (ordered by date of last activity).
|
| view slides > view paper > email > |
| Products Liability Update 2007 |
| As with most areas of tort law in Texas, recent legislative and judicial tort reforms have significantly changed products liability.
|
| view slides > view paper > email > |
| Direct Examination Strategies |
| Direct examination is harder and more important than cross examination. There are many reasons, including the following:
|
| view paper > email > |
| Cross-Examination |
Cross Examination is often the most critical part of a trial. To put it in a more modern
way, you close for show, but you cross for dough.
|
| view paper > email > |
| Aviation Law Update |
Aviation law is an amalgamation of negligence, products liability, international treaty law, and administrative law.
|
| view paper > email > |
| Does F.F.P. Operating Partners, L.P. v. Duenez Effectively Kill Third Party Dram Shop Liability? |
In 1987, the Texas Supreme Court in El Chico v. Poole, first imposed a duty on alcohol providers to not serve persons "it knows or should know are intoxicated." In addition, the Poole court relaxed proximate causation requirements, thereby making dram shop claims viable for the first time.
|
| view paper > email > |
| Forum Non-Conveniens Update |
|
| view slides > email > |
| Focus Groups, Mock Trials, and Shadow Juries: Evaluating Your Approach |
| Anyone who has ever tried a lawsuit more than once, because of a mistrial or after an appeal, is readily familiar with how much better a case can be presented after a “practice run.”
|
| view paper > email > |
| Products Liability Update 2006 |
As with most areas of tort law in Texas, recent legislative and judicial tort reforms have significantly changed products liability.
|
| view slides > view paper > email > |
| Screening Automotive Products Liability Cases |
Automotive products liability cases are many things - interesting, technically challenging, hard fought, expert intensive, expensive, sometimes financially rewarding and sometimes financially destructive.
|
| view slides > view paper > email > |
| Creating and Presenting Persuasive Demonstrative Evidence |
| Demonstrative evidence illuminates the substantive evidence and makes the issues in a case easier to understand and to follow.
|
| view slides > view paper > email > |
| Defeating Daubert/Robinson Challenges |
| In 1993, the United States Supreme Court changed the evidentiary landscape for the admissibility of expert testimony in the landmark decision, Daubert v. Merrell Dow Pharmaceuticals, Inc. 509 U.S. 579, 125 L. Ed. 2d 469, 113 S. Ct. 2786 (1993)(“Daubert”).
|
| view slides > view paper > email > |
| Products Liability: An Update on the Law, TTLA Advanced Personal Injury Seminar |
|
| view paper > email > |
| Proportionate Responsibility & Indemnity |
This paper will address indemnity and proportionate responsibility law in Texas including the impact of H.B. 4 and the 2005 amendments to Chapter 33.
|
| view paper > email > |
| Voir Dire: The Art and Science Of Jury Selection |
This article suggests a practical method of voir dire designed to obtain what yo really need to know from prospective jurors.
|
| view paper > email > |
| Dealing with Obstreperous Witnesses or Counsel |
Every lawyer taking a deposition will from time to time encounter the obstreperous lawyer or witness whose apparent goal is to obstruct the discovery process and prevent you from obtaining necessary information.
|
| view paper > email > |
| Creating And Presenting Persuasive Demonstrative Evidence |
This paper briefly discusses why demonstrative evidence works and how to get it into evidence. But, the majority of the paper will focus on the logistics of creating and presenting persuasive demonstrative evidence.
|
| view paper > email > |
| Building, Structuring & Financing Tomorrow's Products Liability Practice |
| Today, law practices devoted to representing plaintiffs in personal injury cases are under attack. Some level of “tort reform” exists in almost all jurisdictions.
|
| view slides > view paper > email > |
| Taking and Defending Depositions |
| The rules of discovery governing deposition practice have been in effect for over five years. This paper will address the deposition practice under these rules. The paper will also address some helpful practical considerations for the practitioner.
|
| view paper > email > |
| Starting Your Own Practice |
|
| view slides > email > |
| Comparative Causation & Indemnity |
This paper will address indemnity and contribution law in Texas today keeping in view the impact of the new tort reform statute, H.B. 4.
|
| view slides > view paper > email > |
| Products Liability Update 2005 |
|
| view slides > view paper > email > |
| Winning Deposition Strategies |
The first step in preparing for and taking a deposition is to determine the objective of the deposition. Depositions will typically fall into two categories, discovery depositions or a deposition to preserve the testimony of the witness for use at trial.
|
| view slides > view paper > email > |
| How to Organize and Manage your Personal Injury Practice - Plaintiff's Perspective |
Developing clients for a personal injury practice depends upon the type of practice you wish to develop.
|
| view paper > email > |
| Demonstrative Evidence |
Every trial lawyer knows that demonstrative evidence is routine in modern personal injury trials and can potentially be of great significance in the outcome of the case.
|
| view paper > email > |
| How to Avoid the Grievance Committee |
The State Bar, through the Client-Attorney Assistance Program (CAAP), has begun compiling information in a number of areas of interest in the Texas Disciplinary System.
|
| view paper > email > |
| Innocent Retailer Immunity |
House Bill 4 significantly impacted most areas of Texas Tort Law.
|
| view paper > email > |
| Contribution & Indemnity, State Bar of Texas Advance Personal Injury Seminar |
|
| view slides > view paper > email > |
| Privileges: How To Get Information; How To Protect It |
This paper will help you identify the common privileges that exist in Texas. It will outline methods you can take to protect those privileges and offer strategies for challenging the other side when they assert a privilege.
|
| view paper > email > |
| Injury Causation in Products Cases |
Evaluating any potential product liability case necessarily involves a complete and thorough analysis of injury causation.
|
| view paper > email > |
| Products Liability Update 2003 |
The past couple of years have seen the law of products liability remain relatively stagnant.
|
| view slides > view paper > email > |
| Getting Money on the Table at Mediation |
|
| view slides > email > |
| Demonstrative Evidence 2003 |
Every trial lawyer knows that demonstrative evidence is routine in modern personal injury trials and can potentially be of great significance in the outcome of the case.
|
| view paper > email > |
| Courtroom Technology - Not Star Wars, but Trench Wars |
From multimedia presentations to case management software, technology in the courtroom is fast becoming an integral part of the trial practice.
|
| view slides > view paper > email > |
| Truck/Car Accidents, Personal Injury Law and Automobile Injury Conference |
The last 75 years have seen automobiles develop from lethargic, converted horse carriages to opulent, reliable vehicles traveling effortlessly at 75 miles per hour.
|
| view paper > email > |
| Auto Defect Cases, Personal Injury Law and Automobile Injury Conference |
Auto defect cases are often referred to as “crashworthiness.” Crashworthiness is the use of vehicular design to provide protection to occupants once a foreseeable collision occurs during the use of an automobile.
|
| view paper > email > |
| Taking And Defending Depositions |
The new rules of discovery governing deposition practice have been in effect for over three years. This paper will address the deposition practice under these new rules.
|
| view paper > email > |
| Voir Dire: The Art and Science Of Jury Selection |
This article suggests a practical method of voir dire designed to obtain what you really need to know from prospective jurors.
|
| view paper > email > |
| Proving Difficult Damages: Soft Tissue Injuries |
The discussion of soft tissue injuries will be limited primarily to a discussion of soft tissues involving the joints in the human body, since these are among the predominate types of soft tissue injuries.
|
| view paper > email > |
| Proving Difficult Damages |
The purpose of this article is to shed some light on soft tissue injuries, and discuss methods for demonstrating these injuries, providing damages, and negotiating settlements.
|
| view paper > email > |
| Taking Depositions Under The New Rules Of Discovery |
This paper will provide an easy to use overview of the new rules affecting deposition practice in Texas.
|
| view paper > email > |
