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Transportation Seminar - June 20, 2008

2008 Transportation Seminar
Friday, June 20, 2008
8:50 A.M. - 4:15 P.M.
Registration & Continental Breakfast begin at 8:00 A.M.

Cityplace Conference Center
J.C. Thompson Center
2711 North Haskell, Suite 100
Dallas, TX 75204
Click for Directions

The Cooper & Scully, P.C. Transportation Seminar will be held on Friday, June 20, 2008 at Cityplace Conference Center in Dallas, Texas.  The course is designed to educate the attendant on a broad array of issues affecting transportation and commercial trucking claims and the litigation and handling of those claims. The course will educate the attendant on liability issues, cargo claims, industry standards, and use of experts in commercial trucking litigation. Speakers will discuss overviews of relevant statutes and case law pertaining to commercial trucking. The course will also address insurance and coverage issues with respect to such claims, and other issues affecting transportation claims as well as trends in the transportation industry.

This course has been certified for insurance licensee continuing education by the Texas Department of Insurance in the amount of 6.0 general credit hours. Cooper & Scully, P.C. is a Texas Department of Insurance registered CE provider (#1107).

This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 6.0 credit hours.

Seminar Topics



That 3:00 A.M. Call - Initial Response to Catastrophic Claims
This topic will be a panel discussion by Risk Managers and/or owners of large motor carriers. The panel will discuss considerations in responding immediately to catastrophic accidents often involving fatalities and/or large property damage claims.


Post-Accident Drug Testing Under the FMCSR
Mr. Johnson will discuss in depth the requirements of the Federal Motor Carrier Safety Regulations regarding post-accident drug testing, including what scenarios such testing is appropriate and when it can be avoided. In addition, Mr. Johnson will also discuss the admissibility of post-accident tests as evidence in civil actions against the driver and the carrier with an eye towards the distinctions between state and federal law on this issue.


Understanding Texas Venues & Jurisdictions
Mr. Dortch will present an analysis into the differing State, Federal, and Appellate venues and jurisdictions in the State of Texas including an in depth look into the socioeconomic, political, and demographic changes experienced across the state over the past five years.


Mr. Raley and Ms. Cooper will discuss the challenges presented by the changing discovery rules regarding electronic discovery and other related issues in the context of construction claims.


What You Don’t Keep Can Hurt You - Preservation of Evidence/Spoliation of Evidence
This topic will be a panel discussion concentrating on the Texas Rules of Civil Procedure and Texas Law regarding preservation of evidence upon learning of a possible claim against your company. The speakers will give real world examples of accident in which the carriers failed to keep evidence and the penalties imposed for such conduct.


Cargo Claims: Answers for Fault Distribution & Damage Recovery
Ms. Pruett’s topic will include an overview of claims Carmack amendment inclusive of a discussion of claims for damaged cargo and property damage sustained while in the care of a motor carrier. In addition, this topic will discuss general concepts of handling an inland marine claim for cargo damages.


Keeping the Verdict Low - Damage Control
Mr. Cooper will discuss utilizing all Texas case and statutory laws to mitigate the damages available to Plaintiffs in a personal injury and property damage context.


Selecting the Right Jury
Mr. McWilliams, a professional jury consultant, will discuss considerations in selecting jurors at trial as well as methods of presentations to jurors for motor carrier cases.


Driver’s Testimony is a Key Foundation to a Winning Defense
This presentation focuses on the scope of the preparation of the driver for both deposition and trial testimony.


Arbitration of Occupational Injury Claims
This topic will provide an overview of federal and Texas arbitration provisions as they relate to transportation worker occupational injury claims.