Live Seminar

Applying the Rules of Civil Procedure in Louisiana

Seminar

Date:

Friday, June 15, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78996ER

Location:

Hilton New Orleans - St Charles Avenue

333 St. Charles Avenue

New Orleans, LA 70130

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • LA CLE - 6.00

Other

  • NALA - 6.00
  • NFPA

Program Description

Learn Real-World Strategies for Using the Rules of Civil Procedure to Your Advantage

Do you know the most effective way to apply the Rules of Civil Procedure to get the best outcome for your client? Are you up to date with the latest changes? This practical course uses the experience of veteran civil litigation attorneys to build your own skills. From commencing an action to enforcing a judgment, you'll learn which procedural rules can be your best friend or your worst enemy. Stay a step ahead of your opponent with detailed knowledge of service of process, discovery and motions. Get insights into the rules judges enforce to the letter and which they let slide. No matter which side of the claim your client is on, our faculty will prepare you to master civil procedure. Register today!

  • Evaluate the pros and cons of filing your claim in state or federal court.
  • Prepare to respond to a suit with an affirmative defense.
  • Protect your case with proper service of process.
  • Get a handle on your discovery costs using proportionality.
  • Effectively draft and respond to motions for default or summary judgment.
  • Win your case at jury selection with time-tested tactics.
  • Maintain cooperation with opposing counsel using the Rules of Professionalism and Civility.

Who Should Attend

This intermediate level seminar is designed for civil litigation attorneys. Paralegals and litigation support professionals will also benefit.

Course Content

  1. Changes in the Rules of Civil Procedure
  2. Commencing an Action
  3. Answering or Responding to a Complaint
  4. Jurisdiction and Service of Process
  5. Discovery: Scheduling, Conducting and Paying
  6. Using Motions to Enhance Your Case
  7. Voir Dire/Jury Selection: Veteran Strategies
  8. Ethical Practices for Civil Litigation

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 *

National Association of Legal Assistants, Inc. – NALA: 6.00 *

National Federation of Paralegal Associations, Inc. – NFPA


* denotes specialty credits

Agenda / Content Covered

  1. Changes in the Rules of Civil Procedure
    9:00 - 9:20, Everett R. Fineran
  2. Commencing an Action
    9:20 - 10:00, Everett R. Fineran
    1. Whether to File in State or Federal Court or a Specialty Court
    2. Does Your Complaint Meet the Plausibility Pleading Standard?
    3. Should You Demand a Jury Trial?
    4. How and When to Amend Your Pleadings
    5. Avoiding Dismissal When Substituting Parties
  3. Answering or Responding to a Complaint
    10:15 - 10:55, Everett R. Fineran
    1. Should You Answer or File a Motion to Dismiss
    2. How to Plead Affirmative Defense
    3. Managing Allocation of Fault to Your Advantage
    4. When to Ask for a More Definite Statement
    5. Rules for Bringing a Counterclaim
    6. How to Compute Deadlines
  4. Jurisdiction and Service of Process
    10:55 - 11:45, Melissa Rome Harris
    1. Ensuring Personal Jurisdiction of the Defendant Through Proper Service of Process
    2. How to Claim Insufficient Service of Process
    3. When the Defendant is a Foreign Party
    4. Removing a Case to Federal Court
  5. Discovery: Scheduling, Conducting and Paying
    12:45 - 1:35, MaryJo L. Roberts
    1. What Information Falls Under Mandatory Initial Disclosure?
    2. Using Protective Orders to Allocate Discovery Expenses
    3. Limiting the Cost of ESI Discovery Through Proportionality
    4. Handling the When, Where and How of Depositions
    5. Who Pays for Witness Depositions, Court Reporters and More
    6. Procedures for Issuing Subpoenas and Compelling Testimony
    7. How to Handle Disputes Over Privileged Materials and Work Product
    8. Sanctions for Failing to Disclose or Cooperate in Discovery
  6. Using Motions to Enhance Your Case
    1:35 - 2:25, Charles O. Taylor
    1. How to Request and Secure Default Judgment
    2. Issuing or Opposing a Motion for Summary Judgment
    3. Issuing Motions After the Verdict
    4. When Can You Move to Withdraw or Amend an Admission?
    5. Getting a Judgment as a Matter of Law
  7. Voir Dire/Jury Selection: Veteran Strategies
    2:40 - 3:30, Kevin J. Christensen
    1. Voir Dire: Process and Procedure
    2. Strategically Addressing the Negative Points of Your Case
    3. Ferreting Out Which Jurors Have Biases
    4. Rehabilitating Potential Jurors That Might be Helpful to Your Client
    5. Setting Unfavorable Jurors Up for a Cause Challenge
    6. When to Move to Strike for Cause
    7. Top Jury Selection Mistakes Attorneys Make
    8. Additional Strategies and Pointers
  8. Ethical Practices for Civil Litigation
    3:30 - 4:30, Laurence Cohen
    1. Cooperation Among Attorneys
    2. Using Rules of Professionalism and Civility to Maintain Cooperation
    3. Confidentiality and Data Security
    4. Rules Against Ex-Parte Communications
    5. Identifying and Avoiding Conflicts of Interest

KEVIN J. CHRISTENSEN is the managing member of Kevin Christensen & Associates, LLC, where he enjoys a broad litigation practice focusing on commercial litigation, maritime law and criminal defense. Mr. Christensen has previously spoken at a multi-day international business law conference in Salzburg, Austria, as well as at several previous National Business Institute seminars. His article "Of Comity: Aerospatiale as Lex Maritima" was published in the premier edition of the Loyola Maritime Law Journal. Mr. Christensen is admitted to the state bars of Louisiana, Florida, Tennessee and Texas, as well as to thirteen federal jurisdictions including the United States Supreme Court. He also is a member of the American Bar Association, the Federal Fifth Circuit Bar Association, the Southeastern Admiralty Law Institute, the Maritime Law Association of the United States, the Louisiana Association of Criminal Defense Lawyers and the New Orleans Bar Association Inn of Court. Mr. Christensen earned his bachelor's degree from the University of Michigan, Ann Arbor, and his J.D. and L.L.M. degrees from Tulane University School of Law.

LAURENCE COHEN is a sole practitioner who has practiced automobile law, maritime law, and personal injury law in New Orleans since 1982. He has represented thousands of people who have been injured and hurt in all types of occurrences from the simple to the severe and complex. Mr. Cohen has tried hundreds of cases all over the state. He earned his B.S. degree from the U.S. Merchant Marine Academy and his J.D. degree from Tulane University.

EVERETT R. FINERAN is a litigation attorney in the commercial litigation, mass tort and class action sections of the New Orleans law firm of Frilot L.L.C. Mr. Fineran focuses primarily on complex litigation and also handles a variety of claims ranging from personal injury defense for trucking companies to general commercial insurance litigation and dispute resolution between large corporations. He served as an extern for U.S. District Judge Ivan Lemelle in the Eastern District of Louisiana. Mr. Fineran is an adjunct law professor at the Loyola University College of Law, where he teaches Louisiana civil procedure. He earned his B.S. degree, magna cum laude, from Loyola University College of Business and his J.D. degree, cum laude, from Loyola University School of Law in New Orleans. He is a member of the Louisiana State Bar Association.

MARYJO L. ROBERTS is an attorney with The Kullman Firm where she practices in the area of labor and employment. Her practice area encompasses a broad range of labor and employment law disputes, including Title VII and state law discrimination, harassment, retaliation litigation, Americans with Disabilities Act ("ADA") litigation, EEOC complaints and investigations, employment contracts, non-competition and non-solicitation agreements, confidentiality agreements, and wage and garnishment litigation. Ms. Roberts also provides employment advice and training on matters such as employee hiring and discharge, employee discipline and employment investigations, drafting employment manuals and handbooks, Family and Medical Leave Act (FMLA) issues, electronic communications policies, and addressing employee privacy concerns. She practices before federal and state courts throughout Louisiana. She is a member of the American, Federal, Louisiana State, New Orleans, and Baton Rouge bar associations; and the State Bar of Texas. Ms. Roberts is a frequent speaker on labor and employment matters. She earned her B.A. degree, summa cum laude, from the University of New Orleans and her J.D. degree, cum laude, from Loyola University New Orleans College of Law.

MELISSA ROME HARRIS is an attorney with Sher Garner Cahill Richter Klein & Hilbert, L.L.C., where she focuses her practice primarily on commercial litigation. She is admitted to practice in all state and federal courts in Louisiana. Ms. Harris is a member of the Louisiana State Bar Association, the New Orleans Bar Association, the Federal Bar Association, and the Association for Women Attorneys. She earned her B.A. degree, magna cum laude, from Loyola University in New Orleans and her J.D. degree, cum laude, from Loyola University School of Law in New Orleans.

CHARLES O. TAYLOR is an attorney in the law firm of Chehardy, Sherman, Ellis, Murray, Recile, Griffith, Stakelum & Hayes, L.L.P., where he practices in the areas of medical malpractice, ERISA, sex discrimination and products liability. He is a frequent lecturer to diverse audiences, including the Louisiana Trial Lawyers Association, the New Orleans Academy of Trial Lawyers, the Louisiana State Bar Association, the Hastings Group, GE Medical Protective Physicians, and Touro Infirmary medical and dental staffs. Mr. Taylor's professional publications include articles in the areas of emergency medicine, tort damages, medical and legal malpractice, as well as HIPAA. He is admitted in Louisiana, all Louisiana federal courts, as well as the U.S. Court of Claims and the U.S. Supreme Court. Mr. Taylor is an adjunct professor of law at the School of Law, Loyola University. He also has taught paralegals at Tulane University College. Mr. Taylor earned his B.A. degree from Virginia Wesleyan College and his J.D. degree from the School of Law at Western New England College. He is a founding member and past chairman of the Louisiana Trial Lawyers Association (Medical Malpractice Section), and is immediate past co-chair of the Louisiana State Bar Association (Medical/Legal Interprofessional Committee) and the Louisiana State Medical Society. Mr. Taylor is a fellow in the Louisiana Bar Foundation and was named one of the top 200 lawyers in New Orleans by New Orleans Magazine and a Leader in the Law by City Business.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

LA CLE: 6.00 Includes - Ethics: 1.00
This course or a portion thereof has been approved by the Mandatory Continuing Legal Education Committee of the Louisiana Supreme Court for a maximum of 6.0 hours (based on a 60-minute credit hour) of credit, of which 1.0 hour will apply to ethics.


National Association of Legal Assistants, Inc.

N LA: 6.00 Includes - Ethics: 1.00
This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, Inc., for 6.0 hours, including 1.0 ethics, of continuing legal assistant education credit required to maintain the CLA (Certified Legal Assistant) credential.


National Federation of Paralegal Associations, Inc.

N PAR:
NBI, Inc. is a NFPA approved CLE provider.


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Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
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