2015 Evidence and Procedure Seminar

Transcription

1 Louisiana Judicial College Presents 2015 Evidence and Procedure Seminar February 26-27, 2015 Windsor Court - New Orleans ALL MEETINGS WILL TAKE PLACE ON THE 23rd FLOOR Agenda The 2015 Evidence and Procedure Seminar will be partly in conjunction with the Louisiana Association for Justice, giving judges and lawyers the opportunity to share legal discourse and learn from each other. To encourage that learning, the sessions on Thursday will be plenary while the Friday sessions will be judge-only. Don t miss a highly informative session on the proposed changes to Article 966 (Motions for Summary Judgment), discussions of various medical malpractice issues, criminal law updates and much more. Professor Timothy Terrell will also be giving his writing and editing workshop for judges, law clerks and judicial staff attorneys.

2 PROGRAM CHAIRS: Judge Will Crain: Court of Appeal, First Circuit Robert J. David: Gainsburgh, Benjamin, David, Meunier and Warshauer Thursday, February 26, 2015 (all sessions are plenary with LAJ) 7:30 am - Registration Desk Opens 8:30 am - Welcome and Program Overview Stephen Herman: President, Louisiana Association for Justice Judge Fredericka Wicker: Court of Appeal, Fifth Circuit, and President, Louisiana Judicial College Judge Will Crain: Court of Appeal, First Circuit 8:45-10:00 am (1.25 credit) The High Cost of Medical Malpractice Litigation Judge Madeleine M. Landrieu: Court of Appeal, Fourth Circuit Stephen Herman: Herman Herman & Katz Don McKinney: Adams and Reese Walter C. Morrison, IV: Gainsburgh, Benjamin, David, Meunier and Warshauer Robert Pugh: Pugh, Pugh & Pugh This panel will discuss ways judges and lawyers can contain the high cost of litigation through the use of effective pre-trial case management, the management of experts and the effective use of motions in limine. 10:00-10:15 am - Break 10:15-11:45 am (1.5 credits) Finish Strong: Jury Charges and Jury Interrogatories Judge Will Crain: Court of Appeal, First Circuit Judge Rose Ledet: Court of Appeal, Fourth Circuit Ben Mouton: McGlynn, Glisson & Mouton C. William Bill Bradley: Bradley, Murchison, Kelly and Shea This panel will discuss recent jurisprudence in this area, the new mandatory civil jury charges and explore best practices on how to avoid reversible error. 11:45-1:00 pm - Lunch will be provided

3 1:00-2:00 pm (1.0 credit) Motions for Summary Judgment: A Report of the Law Institute Proposed Legislative Changes to Article 966 Judge Guy Holdridge: Court of Appeal, First Circuit Judge Piper Griffin: Civil District Court Donald Price: Due, Price, Guidry, Piedrahita & Andrews Rep. Neil Abramson: Chair, Civil Law and Procedure Senator Ed Murray: Senate Judiciary A Code of Civil Procedure Article 966 has been amended multiple times in the past few years, resulting in inconsistent treatment of Motions for Summary Judgment in the trial courts and conflicting opinions in the courts of appeal. A committee of the Law Institute has been meeting to draft a proposed re-write of the article. This panel will discuss the current proposal. 2:00-2:15 pm - Break 2:15-3:15 pm (1.0 credit) Medical Malpractice Jurisprudential Updates 3:15-3:30 pm - Break Robert J. David: Gainsburgh, Benjamin, David, Meunier and Warshauer Peter E. Sperling: Frilot Law Firm 3:30-4:45 pm (1.25 credit Professionalism) Can t We Try to Get Along? A Discussion of the Work of the Medical/Legal Interprofessional Committee Robert J. David: Gainsburgh, Benjamin, David, Meunier and Warshauer Judge Lee Faulkner: 24th Judicial District Court Dr. Randy Roig: Medical/Legal Interprofessional Committee Co-Chair Paul Mayer: Medical/Legal Interprofessional Committee Co-Chair Jay Luneau: The Luneau Law Office 4:45-6:00 pm - Joint Reception, Judges and Lawyers (Sponsored by the LAJ) TOTAL CREDITS FOR THURSDAY: 6.0

4 Friday, February 27, 2015 : DUAL TRACKS 7:00 am - Registration Desk Opens Track I: JUDICIAL OPINION WRITING: A WRITING AND EDITING WORKSHOP (This session is open to judges, judicial law clerks and judicial staff only. At least one judge from his or her court is encouraged, though not required, to attend with the law clerks and judicial staff from that court.) 8:00-12:15 pm (3.75 credits: two 15-minute breaks will be taken) Beyond Logic to Coherence & Strength: Writing with Clarity and Character Professor Timothy P. Terrell: Emory University School of Law Professor Terrell is nationally recognized for his programs on legal writing and editing and provides consulting services and training for law firms, bar associations and federal and state judges. He is the coauthor of Thinking Like a Writer: A Lawyer s Guide to Effective Writing and Editing (3rd Ed., 2008) and is a regular contributor to Writing Tips, a column published through Emory University School of Law. He returns to the Louisiana Judicial College by popular demand. 12:15-1:15 pm - Lunch will be provided 1:15-2:30 pm (1.25 credits) Opinion Writing Workshop Continued 2:45-4:30 pm (1.75 credits) Opinion Writing Workshop Continued Professor Timothy P. Terrell: Emory University School of Law TOTAL CREDITS FOR FRIDAY, TRACK I: 6.75 Track II: JUDGE ONLY SESSIONS 8:00-9:30 am (1.5 credits) You Be the Judge: Criminal Evidence Vignettes Judge Allison Penzato: 22nd Judicial District Court Jason Williams: Jason Roger Williams & Associates Professor Michelle Ghetti: Southern University Law Center Inga Petrovich: Orleans Parish Assistant District Attorney Join us for an interactive presentation in which short scenarios from preliminary hearings and criminal trials will be used to review the rules of evidence and procedure in criminal cases.

5 9:30-9:45 am - Break 9:45 am - 11:00 am (1.25 credits) Gwen s Law: Bail Hearings in Felony Domestic Abuse Cases Judge Scott Gardner: 22nd Judicial District Court Rep. Helena N. Moreno: District 93, Louisiana House of Representatives Margaret Hay: Assistant District Attorney, 24th Judicial District Court Tommy Clark: Grambling City Chief of Police Taylor Townsend: Kelly & Townsend LLC Act 318 of the 2014 legislative session provided for a contradictory bail hearing for those charged with felony offenses against a family or household member or dating partner. This panel will address the benefits and challenges of this new law. 11:00-12:15 pm (1.25 credit) Criminal Law Updates Professor Michelle Ghetti: Southern University Law Center Judge Karen Herman: Orleans Criminal District Court 12:15-1:15 pm - Lunch will be provided 1:15-2:30 pm (1.25 credits) You Be the Judge: Civil Evidence Vignettes Judge Paula Brown: Orleans Civil District Court Edward J. Walters: Walters, Papillion, Thomas, Cullens In this interactive presentation, the panel will use short scenarios from civil exceptions, motions, and trials to practice and discuss rules of evidence and procedure in the civil context. 2:30-2:45 pm - Break 2:45-4:00 pm (1.25 credits) Reflections on the Judiciary Commission: A View from the Inside Judge Anthony Marabella: 19th Judicial District Court Mary Whitney: Special Counsel, Louisiana Judiciary Commission At the time of this conference, Judge Tony Marabella will have completed his four year term on the Board of the Louisiana Judiciary Commission, the last of which he served as its Chair. He will share with us his view from the inside, along with Mary Whitney, Special Counsel to the Louisiana Judiciary Commission. 4:00 pm Adjourn TOTAL CREDITS FOR FRIDAY, TRACK II: 6.5 (including 1.25 for Ethics) TOTAL CLE CREDITS for Thursday and Friday, Track I: TOTAL CLE CREDITS for Thursday and Friday, Track II: 12.5

6 Contact Information Judicial College (225) (504) Windsor Court Hotel (504) (888) Join us for our Upcoming Seminars! Annual Spring Judges Conference April 16-17, 2015 Lafayette, Lousiana North Louisiana Seminar (in conjunction with the Second Circuit Judges Association) April 30-May 1, 2015 Shreveport, Louisiana Summer School for Judges and Annual Meeting (Joint with the LSBA) June 7-12, 2015 Sandestin, Florida Domestic Family Seminar August 13-14, 2015 New Orleans, Louisiana Annual Fall Judges Conference October 4-6, 2015 New Orleans, Louisiana