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Tort Reform and Injuries Occurring Outside the Forum State: Issue by Issue Conflicts of Laws Analysis

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, May 28, 2020

Recorded event now available

or call 1-800-926-7926

This CLE course will explore the advantages to be gained when personal injury attorneys pay attention to often overlooked, but increasingly important, choice of law issues.

Description

Rare is the lawsuit that has connections to only one jurisdiction. The world is interconnected. Injuries occur in one state; plaintiff or plaintiffs seek redress in another.

Some states have enacted “tort reform” laws that cap damages, require bifurcation of certain issues for trial, and restrict the admissibility of certain kinds of evidence. But for a plaintiff’s choosing to file suit in an “unreformed” jurisdiction, the defendant would be able to take advantage of a foreign state’s reforms.

By considering every potential state that might govern the substantive elements of a case, a defendant may be able invoke a foreign state’s tort reform laws. Plaintiffs need to be aware when this is happening.

Listen as the panel discusses issue by issue choice of law analysis and how it impacts both plaintiffs and defendants.

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Outline

  1. Prevailing method of resolving conflicts of laws
  2. Distinguishing substantive and procedural rules
  3. Most significant tort reforms to preserve
    1. Statutes of limitation vs. repose
    2. Substantive vs. procedural issues
    3. Bifurcation
    4. Damages caps
    5. Privilege issues

Benefits

The panel will review these and other crucial matters.

  • Prevailing methods of resolving conflicts of laws
  • Changes in choice of law analysis since the Second Restatement of Conflicts
  • Issues where choice of law can be outcome determinative
  • When to start thinking about choice of law questions
  • Other factors influencing forum choice, such as juror attitudes and quality of judicial personnel

Faculty

Balmer, James
James W. Balmer
Founding Partner
Falsani Balmer Peterson & Balmer

Mr. Balmer has represented thousands of people in all kinds of litigation, including jury trials, workers’...  |  Read More

Smith, David
David Randolph Smith
Attorney
David Randolph Smith & Associates

Mr. Smith is a personal injury lawyer with decades of experience.  As a seasoned Nashville injury lawyer, he has...  |  Read More

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