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2010: A NEW DECADE FOR MASS TORTS


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Mass torts recognized in New Jersey:
• Accutane
• Bristol-Myers-Squibb
• Environmental
• Fosamax
• Levaquin
• Digitek
• Mahwah Toxic Dump Site
• NuvaRing
• Asbestos
• Ciba Geigy
• Gadolinium
• HRT
• Ortho Evra
• Risperdal/Seroquel/Zyprexa Zometa/Aredia

Mass tort cases are groups of cases filed in a number of counties and assigned to a single designated judge for centralized case management. These mass tort judges have specialized expertise in the handling of such cases. There are currently three mass tort sites in New Jersey located in Atlantic, Bergen and Middlesex Counties. In New Jersey, there is no definition of a mass tort. Each group of cases that ultimately are designated as a mass tort do, however, bear a number of common characteristics.There have been three general classes of cases determined thus far in New Jersey to be mass torts. These include: large numbers of claims associated with a single product; mass disasters; and complex environmental cases and toxic torts. More often than not, lengthy litigation is followed by a large recovery. As we enter a new decade, it’s important to understand how to handle these specialized claims, and what that challenges you’re likely to face when dealing with them are.

At this fast-paced new seminar, Federal and State Mass Tort Judges along with the Chief of the New Jersey Civil Court programs and two expert practitioners will conduct a round table rapid fire discussion, providing both the background information and specialized techniques you need to handle this specialized area of litigation.

  Program Agenda:
5:00 Opening
5:10 The State of Asbestos Litigation
• Current State
• Removal Issues
5:40 The Mass Tort Designation Process
• The New Mass Tort Guidelines (Directive 7-09)
• Primary Factors That Determine Whether Multiple Cases Should Be Designated as a Mass Tort or for Centralized Management.
• Mass Tort v. Centralized Management
6:00 Rapid Fire
• Approaches to Case Management
    - Typical Procedures and Techniques
    - Special Procedures
    - Approaches That Help Foster Settlement
• Rule 104 Hearings
    - Conditions for Requirement
• NJ Voir Dire Directive & Jury Selection
• Coordination Between NJ Mass Tort Litigation and Related MDL or Foreign State Litigation
• Stipulated Discovery Protective Orders
• Lone Pine Orders
• Limitations on Discovery
    - Ex Parte Interviews of Treating Physicians
•Conflicts of Law/Forum Non Conveniens Issues
    - Discussion of Prior Decisions and Related Factors
• Motion Practice and Fees
    - Prerequisites – meet and confer, court conference, permission
    - Omnibus motions and motion filing fees
    - Motions for admission pro hac vice
• Selection of “Core Discovery” Cases and Bellwether Trial Cases
    - Use of Data
    - Selection Considerations
    - Methods for Selection
• Witness Unavailability – What Circumstances Make a Witness “Unavailable” for the Purpose of Using a Deposition Transcript at Trial Under R. 4:16-1(c)?
    - Employees, Former Employees, Vendors
    - What Must the Proponent of a Transcript Demonstrate to Establish Witness Unavailability at Trial?
• Limitations on Time and Exhibits at Trial
    - Opening and Closing
    - Witness Examinations
• Additional Issues Offered by the Judicial Panel?
8:30 Adjourn

Plus, a special segment on the New Mass Tort Guideline Revisions.


Tuition feesReg. FeeReg. Type
General Tuition (REG) $199.00 REG
NJICLE Season Tickets (STX) 2 Season Ticket(s) STX
MEMBERS, NJSBA (NJB) $165.00 NJB*
MEMBERS, NJSBA YLD (YLD*) $155.00 YLD*
Recent admittees (past 2 years) (YL) $175.00 YL
Paralegals (PAR) $139.00 PAR
Law Students (with Student ID) (STU) $0.00 STU
Full Time Judges (JUD) $0.00 JUD
Credit TypeCredit Amount
PAS: 3.0 credits pending
($12 fee for all PA credits)
NYP (t&n/t): 3.5
credits
CT: 3.25
credits pending
NEW JERSEY: 3.5
general credits pending
DOOR REGISTRATIONS: $219
Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.
* NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.

Cancellation policy


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2010: A NEW DECADE FOR MASS TORTS
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New Jersey Institute for Continuing Legal Education
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University

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