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Daubert University at Workhorse

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How will last week’s Daubert ruling affect your practice?

In the wake of the recent ground breaking Florida Supreme Court ruling, the timing for Daubert University at the 2017 Workhorse Seminar could not be more perfect.

“This Florida Supreme Court Opinion is a game changer for cases with Daubert challenges pending.”
– Paul Jess, Florida Justice Association Interim Executive Director

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Statement by: Lee Jacobson, Vice Chair, Florida Justice Association Property Insurance Committee Regarding Senate Bill 1038’s Threat to Homeowner’s Property Rights

“This irresponsible legislation picks insurance companies as winners and makes homeowners losers. It is the insurance industry’s wish list. Under this legislation, homeowners in desperate need of emergency repairs would have to either provide large amounts of cash up front,…

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Spotlight: Proof & Argument of Damages

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Proof & Argument of Damages

Workhorse’s most essential teaching & learning experience

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Our session, Proof & Argument of Damages, is considered by many to be the Workhorse Seminar’s most essential teaching & learning experience year after year.

It is the session where trial advocates discover the necessary ingredients needed to maximize settlements and verdicts.

We learn such lessons such as the critical nature of educating each juror on the importance of understanding that each “element” of damages is separate & distinct.

We learn the power of consortium claims (as opposed to how most lawyers devalue these claims).

We will learn tactics, techniques & strategies of making economic damage proof a “driver” of noneconomic losses.

This session can and should change the ways in which we handle the damage components of discovery and trial!

– John Romano, Romano Law Group, Lake Worth, FL
Workhorse Seminar Co-Chair

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Satisfy all of your technology and ethics CLE in one seminar!

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Spotlight: Electronic Discovery & Digital Evidence Advocacy Session

This session is approved by The Florida Bar for 4 Hours of Ethics and 4 Hours of Technology CLE Credit!

Click here or scroll below to see other Workhorse sessions that satisfy the ethics and technology CLE requirements.

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Wednesday, March 1, 2017

Driving Electronic Discovery With Technological Competency – Your Roadmap to Success at Trial
[6:30 pm – 7:30 pm]

Preliminaries to Technical Competency: This session will introduce the skill sets AND sample documents you need to drive electronic discovery negotiation, whether in a major single event or MDL. The panel will also discuss the important changes in the 2015 Amendments to the Federal Rules of Civil Procedure, the case law that emerged in the first year of their application, and comparisons with The Florida Rules Civil Procedure.

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Federal Overreach: NHTSA Foreshadows Possible Preemption of State Tort Law

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By William C. Ourand

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Self-driving cars are already being tested, and will become increasingly more common in the years to come.  There are good reasons to be optimistic about this technology, as it has the potential to reduce crashes.  But make no mistake: the battle over tort liability for self-driving car crashes has already begun, and there is a very real possibility that automakers and software companies may secure a sweeping victory in the form of federal preemption.  We are at a critical juncture in this fight as the National Highway Traffic Safety Administration (“NHTSA”) just released its initial guidance on the topic.  NHTSA’s guidance contains several unfortunate statements which may foreshadow a massive power grab by federal bureaucrats—one that could completely displace state law and deny Floridians the right of access to the civil justice system.

This article will analyze the troubling aspects of the NHTSA guidance, expose the hollow arguments advanced against automotive products liability law and in favor of federal preemption, and provide recommendations for consumer advocates who wish to remain informed and engaged in the fight.

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Pre-Suasion: Applied to Trial Practice

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By Pat McArdle

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All trial lawyers seek to tell true stories, every day. Trying to sway an adjuster. Explaining the law to a red-faced judge. Comforting a broken family. All these moments of truth make up our lives.

But as we go, are we doing everything we can to win over the people who can help restore our clients? Without a long life of trial and error, how would we know?

Young or old, we must look for what works when telling our clients’ true stories. With chances for trial rare for young lawyers, the search for knowledge to bridge the trial gap is key. Because we only have one life to live and limited time, reading research is a needed tool to find the best path. No matter how many mock trials, CLEs, or big trials you have had, social science research is the only way to reach beyond hunches and beliefs.1 Research is the only way to answer whether your trial experiences are the exception, or the rule.

The book Pre-Suasion: A Revolutionary Way to Influence and Persuade gathers the newest research.2 Its focus is on controlling attention in an ethical way. Because the book champions truthful communication, this article explores its ideas apply to practice.

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Florida Legal Updates – January

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Compiled by Don Freeman, FJA Legislative Analyst

St. Joseph’s Hospital, Inc. v. Jane Doe

Opinion from the Second DCA filed January 13, 2017

Appellant claimed she was sexually assaulted by an employee of St. Joseph’s while a patient in its mental health unit. Count one of the complaint alleged negligence for failing to prevent the attack from happening. Count two alleged violations of § 766.110, Fla. Stat., entitled “Liability of Healthcare Facilities,” for failing to have and comply with a comprehensive risk management program, pursuant to § 395.0197, Fla. Stat., tasked with investigating and reviewing “adverse incidents.” St. Joseph’s tried to argue that summary judgment should be granted because this was a medical malpractice case and presuit was not followed. Trial court denied on both counts.

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