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Tort Trial & Insurance Practice Section (TIPS)

17TH ANNUAL SPRING CLE MEETING

CONVERGENCE OF WORLDS: KRYPTONITE AND OTHER TOXINS IN THE COURTROOM — A FORUM FOR LAWYERS, SCIENTISTS AND JUDGES

PRESENTED BY THE AMERICAN BAR ASSOCIATION TORT TRIAL & INSURANCE PRACTICE SECTION'S TOXIC TORTS AND ENVIRONMENTAL LAW COMMITTEE

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April 10-12, 2008
Arizona Biltmore Resort & Spa
Phoenix, AZ

Attending a fabulous CLE in the Valley of the Sun at the world class Arizona Biltmore Hotel is a great way to revive yourself after a long, cold winter. Add outstanding social and networking opportunities and you have the makings of a productive weekend with lots of fun. We will once again hold our Spring Meeting during the same week as the Products, General Liability and Consumer Law Committee. Plan to arrive early for the joint Welcome Reception Cocktail party on Thursday evening—generously sponsored by committee members from over a dozen law firms. There will also be a special reception for Young Lawyers and new TTEL members. Our CLE programs will be held on Friday and Saturday mornings to ensure plenty of time for sunny afternoons in the Arizona desert or by the Biltmore pools and cabanas or at the Arizona Botanical Garden. Our traditional golf tournament, hiking to the top of Piestewa Peak, four-wheeling in the Sonoran Desert and “the” Friday night dinner are not to be missed. We hope that you will join us for what is one of the best programs and most enjoyable events on the ABA calendar. For more information on the Toxic Torts and Environmental Law Committee, including how you can become a TTEL member, visit our web site at www.abanet.org/tips/toxic/home.html. For more information on our chosen location visit www.arizonabiltmore.com.

We look forward to seeing you soon at the Biltmore!

Richard L. Green, Esq.
Chair, Toxic Torts & Environmental Law Committee
Stinson Morrison Hecker LLP
Kansas City, MO

 

CLE

ETHICAL CHALLENGES INVOLVED IN THE DISCOVERY OF CONTAMINATED PROPERTY
This panel takes the actual discovery of the chemical kryptonite in Serbia in April 2007, and constructs a “real life” simulation, in which kryptonite is discovered on a client's property both in soil and groundwater. The panelists will address numerous ethical issues which arise in contaminated property cases, including the property owner's duty to disclose to potential buyers, the toxic tort lawyer’s duty to disclose to the neighborhood residents, and environmental consultant's duty to disclose to government agencies.

CRITIQUING AND INTERPRETING SCIENTIFIC STUDIES: A GUIDE FOR TOXIC TORT/ ENVIRONMENTAL LAW PRACTITIONERS
Have you ever wondered whether a new scientific study has a material impact on your case? Join this panel of experts on both sides of the fence, who will discuss recent scientific studies and provide useful insight into how they analyze and determine the value and weight of those studies.

MOCK DAUBERT HEARING: ADMISSIBILITY OF CAUSATION EXPERT OPINIONS
Based upon a “Toxicology Profile” for kryptonite, plaintiff and defense attorneys will present a simulated Daubert hearing before Hon. Cynthia Rufe to challenge two toxicology experts’ causation opinions on kryptonite. The hearing will litigate qualifications of the experts, reliability of the experts' testimony, methodology under Daubert, and will include judicial rulings on admissibility of evidence and issuance of a Daubert ruling.

PANEL DISCUSSION FROM DAUBERT HEARING
Participants in the Daubert Hearing will share strategies and insight used in the direct and cross examinations of the experts and in the arguments. Hon. Cynthia Rufe will discuss the basis for her evidentiary rulings and for her Daubert ruling.

COPING WITH THE DELUGE: FACING THE CHALLENGE OF STORMWATER COMPLIANCE
The panel will examine nationwide stormwater issues from three perspectives: (1) an overview of the law, compliance challenges and the risk of citizen suit, (2) EPA’s focus on increased enforcement against development firms generating construction runoff, and (3) innovative treatment strategies to control industrial stormwater runoff.

MOCK MEDIATION: STRATEGIES FOR SUCCESSFUL MEDIATION OF THE KRYPTONITE TOXIC TORT CASE
In a simulation of an actual mediation based upon the fictional kryptonite case, Hon. Nora Barry Fischer, acting as Mediator, will work with plaintiff attorney, defense attorney and insurance carrier to a successful resolution of the case and will discuss strategies for procedural positioning of the case, negotiation techniques, settlement goals, and effective mediator techniques.

WINNING THE CAUSATION BATTLE
Prominent lawyers on both sides of the fence discuss how to prove/attack specific causation. The plaintiff will focus on scientific methods for proving specific causation while the defense will focus on alternative causation and the requirement that the plaintiff rule out alternative causes. Learn how the plaintiff is able to zero in and the defense to expand on the potential causes in this in depth look at specific causation issues and techniques.

EMERGING ISSUES AND HOT TOPICS IN TOXIC TORT AND ENVIRONMENTAL LAW
Expert panelists will review recent developments and emerging trends in the fields of toxicology and hydrogeology. The panel will identify hot toxic substances and discuss their impact on soil, water and human beings. The panel will analyze the scientific, legal and social implications of various emerging risks, claims and regulations regarding these substances, including arsenic and other naturally occurring contaminants, small particles, chemicals and pharmaceuticals.

Hotel

Hotel Deadline: March 7, 2008
Advance Registration Deadline: March 14, 2008

For Reservations call 602/955-6600. A limited number of rooms have been blocked for program registrants of the ABA Toxic Torts and Environmental Law Committee Spring Meeting at the Arizona Biltmore Resort & Spa, 24 Street and Missouri, Phoenix, AZ, 85016 for a hotel room rate of $295 single/double plus 12.07% tax, identify yourself as attending the American Bar Association Toxic Torts and Environmental Law meeting when making reservations. For reservations, please call the hotel directly at 602/955-6600. The room block will be held until exhausted or until Friday, March 7, 2008, at 5:00 p.m. (CST). After the meeting specified hotel deadline, reservations will be confirmed based on availability. Hotel check-in is 4:00 p.m. and checkout is 12:00 p.m. (noon). All reservations must be guaranteed by credit card or deposit check. Individuals with guaranteed reservations must cancel their reservations seven (7) days prior to the scheduled day of arrival to avoid a two-night cancellation charge.

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Registration

You can Register online or download the registration form in the brochure and mail, or fax to 312/988-6230 by March 14, 2008. The registration fee includes admission to the program, course materials, continental breakfast, breaks, and welcome reception. If you wish to have your name appear on the pre-registration list distributed at the program, ALL registration forms must be received no later than the registration deadline of March 14, 2008. Registration reservations will be confirmed in writing within 10 business days.

Register Online Today!

Registration Fees - Per Person
Before
March 14, 2008
After
March 14, 2008
TIPS Member
$525
$550
General Attendee
$575
$600
Government Employee
$450
$475
Insurance Company Employee
$400
$425
Law Student
$200
$200

* If someone else from your firm or company is attending the 2008 Motor Vehicle Product Liability Litigation Program, you are each entitled to a $100 discount off the registration fee. In order to receive the above discount, both registrations must be submitted at the same time and entered on the same day.

Social Events
Price
4/10 Welcome Reception
Included
4/11 Golf (includes green fees and cart)
$130
4/11 Desert Jeep Tour (non-refundable)
$70
4/11 Hike Piestewa Peak
Complimentary
4/11 Cocktail Reception
Included
4/11 Dinner at Biltmore
$95
4/12 Major League Spring Training Baseball Camp (see brochure for details)
Ticketed Event
4/12 Dutch Treat Dinner (see brochure for details)
Self Paid
*Please reference the registration form for details on how you can order the program materials (CD-ROM ONLY) for the Toxic Torts and Environmental Law Program and the 2008 Emerging Issues in Motor Vehicle Product Liability Litigation Program.

For questions regarding this program, please contact: Donald Quarles at 312/988-5708.