| Litigation Packets
from AAJ Exchange
To view a complete listing
of Litigation Packets or place an order online click here. Or download the PDF
order form. |
Exchange Litigation Packets contain
valuable materials such as depositions, court documents,
corporate documents, and tips from experienced AAJ
members on "hot" litigation topics or trial
advocacy issues. Created by AAJ staff lawyers working
closely with AAJ members, these innovative research
tools are only available to AAJ plaintiff lawyers
on the following topics:
- Allstate Unauthorized Practice
of Law
- Automobile Data Recorder-"Black
Box"
- Birth Injury
- Debt Collection
- Electronic Discovery
- Employment Law
- Expert Testimony Admissibility
(Daubert)
- Falling Merchandise - "Big
Box" Stores
- Inadequate Security
- Insurance Law
- Interstate Trucking
- Life Expectancy / Neurological
Injury
- Low Speed Impact
- Mandatory Arbitration
- Medical Negligence/Malpractice
- Nursing Home Cases
- Pharmaceuticals
- Sexual Discrimination/Harassment
- Toxic Mold
- Trial Advocacy
- UnumProvident Bad Faith
- Vioxx Litigation Packets
- Voir Dire
- Wal-Mart Liability Packets
- Workers' Compensation/Workplace
Injury
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New Update! Pharmaceutical Products Liability Cases
[April 2008; 1,900 pages]
- Theories of liability, recent trends, and strategy
- Drug companies’ direct-to-consumer marketing tactics and the effect on the learned intermediary doctrine
- Promotion of off-label use by drug companies, and the adverse effects
- Pharmacology, epidemiology and its role in proving causation
- Sample complaints, client intake forms, and drug intake and evaluation forms
- Selecting and “Daubert-proofing” your expert
- Strategies, briefs, orders, and case law on avoiding preemption
- Sample written discovery and deposition questions
- Obtaining electronically-maintained information in discovery, and an explanation of the Adverse Event Reporting System
New Packet! Spoliation of Evidence[April 2008; 710 pages]
- An overview of spoliation of evidence law, including state-by-state spoliation case law
- Sample preservation letters
- Over 30 court documents from medical negligence, automobile/ trucking, civil rights/discrimination, and nursing home cases, including motions and memoranda for summary judgment and adverse inferences and other discovery sanctions, appellate briefs, orders, and jury instructions
- Transcript of motions hearing for sanctions for spoliation of evidence
- Bibliography of law journal and review articles
New Update! Low Speed Impact and Connective Tissue Injuries [January 2008; 1,508 pages]
- Explores key issues in assessing and trying low impact connective tissue cases, including: case and client credibility; using medical literature to prove damages; discovery; plaintiff’s experts and depositions of defense experts; voir dire; and, cross-examination of defense medical examiners
- Depositions, including biomechanist, neurologist, and neuropsychologist as well as a deposition outline for defendant driver and client deposition checklist
- Sample court documents including interrogatories and requests for production, motions to strike testimony of defense experts, orders excluding defense expert’s testimony, pretrial memorandum, and appellate brief challenging admission of expert testimony
- Trial testimony and cross-examination of defense expert
- AAJ Education speaker papers
[Deposition summary accompanies each deposition transcript]
New Packet! Birth Injury: Cerebral Palsy and Intrapartum Hypoxia [December 2007; 1,344]
- Addresses issues common to cerebral palsy cases including not only causation but improper monitoring, improper assessment, failure of physicians to act on nonreassuring fetal heart rate patterns, failure of nurses to notify doctors of nonreassuring patterns, failure to do a cesarean section, and chain of command
- Explores the science, investigation, filing, ACOG publications, common defenses, discovery, trial, settlement and how to establish causation
- Depositions of obstetricians, nursing expert, infectious disease specialist, neonatologist and a pediatric neurologist
- Includes medical illustrations, a medical resources page and an extensive medical glossary
- Sample court documents: complaints, interrogatories, and requests for production
- AAJ Education speaker papers
[Deposition summary accompanies each deposition transcript]
New Packet! Nursing Home Litigation: Beverly Enterprises, Inc. [March 2008; 1,286 pages]
- Explores issues of investigation, discovery, and litigation against Beverly and its subsidiaries
- Over 40 court documents, including complaints, interrogatories, requests for production of documents and admissions, numerous motions in limine and oppositions, and voir dire
- Depositions of Beverly Chief Operating Office / Executive Vice-President and Vice-President of Professional/Clinical Services; and Director of Operations, Executive Director, Director of Nursing, LPN, CNAs, and Dietary Service Manager from Beverly run nursing homes
- Beverly corporate documents
- AAJ Education speaker papers
[Deposition summary accompanies each deposition transcript]
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| New Packets and Updates! |
New Packet! Medicare and Medicaid Reimbursement Claims Survival Guide
[April 2008, 904 pages]
- What plaintiff attorneys should know to protect their client and themselves when confronting Medicare and Medicaid reimbursement claims
- Addresses issues such as information to obtain at case intake, determining what your client owes, notice or verification to the Government, future billings for past services, future benefits, statute of limitations, settlement, allocation, resolving and negotiating the claim, waiver, where to put the funds and ethical considerations
- Case law including Ahlborn and post-Ahlborn cases with summaries
- Relevant statutes and regulations for Medicare and Medicaid
- Court documents including sample complaint for declaratory relief, Petition to Settle and Approve Trust and briefs
- Sample letters including to Coordination of Benefits Office
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New Update! Prove Damages Using Opening Statements and Closing Arguments [May 2008; 1,319 pages]
- Addresses all aspects of damages including how to craft persuasive opening statements and closing arguments, storytelling and theming, structure, credibility, persuasion, and tying it all together.
- Opening statement and closing argument transcripts and slides from recent pharmaceutical case, Scroggin v. Wyeth.
- Opening statement transcripts from a nursing home case, a highway defect case, and a birth injury case.
- Closing argument transcripts from a motor vehicle collision case, a trucking auto crash, medical negligence case, and two birth injury cases.
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New Update! Selective Serotonin Reuptake Inhibitors (SSRIs) and the Link to Suicide [April 2008; 770 pages]
- Court documents including sample complaints, interrogatories, requests for production of documents, opposition to a motion for summary judgment on grounds of federal preemption and memorandum opinions on the issue of federal preemption
- Case abstracts and Similar Matters from the Exchange databases and Westlaw
- AAJ Extras member Medifocus Guide and an open-access article from PLoS Medicine
- AAJ Education papers and TRIAL articles on current rends in SSRI litigation, SSRIs and violence, SSRIs and suicide and federal preemption
- FDA Resources, a Survey of news articles, and other Internet resources
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New Update! Duragesic Fentanyl Pain Patch
[April 2008; 1,422 pages]
- Over thirty sample court documents including complaints; requests for admissions, production of documents and interrogatories; and motions and oppositions, including from the two largest Duragesic patch cases to date
- Deposition summaries and transcripts of plaintiff and defendant expert witnesses, treating physician and plaintiffs
- Contact information for members who have tried or investigated similar matters
- AAJ case abstract and Westlaw survey of verdicts and settlements
- AAJ Education Speaker Papers and TRIAL articles
- Survey of news articles, medical journals and law review articles, and FDA materials
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New Update! A Guide Through Preemption [April 2008; 1,309 pages]
- Briefs from a variety of cases arguing against defense motions for summary judgment on preemption grounds
- Orders from various jurisdictions denying federal preemption
- Strategies on avoiding preemption
- Statutes and case law from relevant practice areas
- Overview of federal preemption
- Discussion of federal preemption in pharmaceutical, medical device, auto safety, aviation, and railroad cases
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New Update! Preparing a Motor Vehicle Collision Case [March 2008; 926 pages]
- Fundamentals of litigating motor vehicle cases from client interview to trial
- Addresses issues such as determining a client’s insurance coverage, working with insurance adjusters, case cost control, potential crashworthiness, experts, demonstrative evidence and negotiating a settlement
- Court documents including sample complaint, interrogatories, requests for production
- Motions including numerous motions in limine and plaintiff’s partial motion for summary judgment on issue of liability in rear-end collision
- Depositions of biomechanical engineer, and physical medicine and rehabilitation specialist
- Deposition checklist for defendant driver
- Strategies for handling defense experts: medical experts, accident reconstructionist, biomechanical engineer, and defense medical examiner
- Jury selection, openings, and closings
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