Torts: Cases, Problems, and Exercises

Paul J. Zwier

John H. Bauman

Andrew R. Klein

Edward C. Martin

Russell L.Weaver

John T.Cross

Carolina Academic Press

Fact Investigation, the tenth volume in NITA's popular Practical Guide Series, describes different methods and techniques that lawyers can use to best serve their client's legitimate needs and wants during client interviewing, fact investigation, witness interviewing, and counseling. These methods help narrow issues and focus litigation so that the attorney/counselor can gather, produce, and impart "practical wisdom" to his or her clients. The book contains practical learning models tested by successful lawyers and teachers for lawyer planning and decision making.

Fact Investigation: A Practical Guide to Interviewing, Counseling, and Case Theory Development

Anthony J. Bocchino

Reference

LexisNexis / Natl Inst for Trial Advocacy

The Second Edition of Expert Rules contains fifty new pages based on changes in the Federal Rules of Civil Procedure and Federal Rules of Evidence as amended December 1, 2000. It also contains a new chapter on expert depositions that examines specific questions an attorney can ask at deposition to explore various concepts of reliability. Expert Rules answers the most commonly asked questions about experts, such as: How do you approach an expert problem? What is the impact of Daubert on expert preparation, direct and cross? How do you structure direct examination of an expert? How do you avoid fatal blunders when you prepare an expert? An extensive index makes the book easy to use for practitioners, students, and researchers.

Expert Rules: 100 (and more) Points You Need to Know About Expert Witnesses

David M. Malone

LEXISNEXIS/National Institute for Trial Advocacy

Trial lawyers must confront many issues when dealing with experts. Some of those issues include: skepticism from the court; high cost for the client; and resentful jurors--a result of arrogant-sounding experts. The trial lawyer must deal with these problems, resolve them, and encourage the court and jurors to welcome the experts as helpful, credible, admissible, and persuasive. Effective Expert Testimony shows you how and examines the rules of evidence and ethics that govern the relationship of experts to lawyers, juries, and courts. Appendices are included for selected Federal Rules of Evidence, Federal Rules of Civil Procedure, Supreme Court Cases and Court of Appeals Cases.

Effective Expert Testimony (NITA Practical Guide Series)

National Institute for Trial Advocacy

By design, this book intends to help you give your staff more effective feedback and learn the difficult delegation skills we all need to acquire. Zwier recognizes the need for supervisory lawyers to improve staff morale, maintain effective firm organization, and ultimately increase firm profitability. In this book, law-firm management issues often neglected in law school are brought to the forefront.

Supervisory and Leadership Skills in the Modern Law Practice: Creating a Learning Organization

National Institute for Trial A

Expert Rules answers the most commonly asked questions about experts, such as: How do you approach an expert problem? What is the impact of Daubert on expert preparation, direct and cross? How do you structure direct examination of an expert? How do you avoid fatal blunders when you prepare an expert? Even though Daubert is now almost twenty years old, most attorneys' familiarity with its application hasn't changed much -- when the experts they most often see are local doctors, most attorneys still need help when confronted with new fields manned by new or unusual experts. Expert Rules provides that help and more. This concise, easy-to-follow guide provides practical and in-depth information on how to deal with an expert -- from finding the expert, to helping the expert prepare her report, deposing (and defending) the expert, conducting expert direct and cross-examination, and helping the expert prepare factual, informative, and persuasive testimony.

Expert Rules: 100 (and More) Points You Need to Know About Your Expert Witnesses

LexisNexis

In this handbook, David Malone and Paul Zwier provide practical advice on every aspect of creating, discovering, using, offering, and opposing exhibits in litigation. Does your expert need some excitement in his presentation? Are you unsure what the judge means when she says, "What's the foundation for this exhibit under the Original Document Rule, counsel?" Are you worried that your opponent's graphics--or your own--may be misleading? If your questions have to do with exhibits--from intersection diagrams on the blackboard to computerized re-creations in the courtroom--you can find the answers in Exhibit Rules.

Exhibit Rules: Tips, Rules, and Tactics for Preparing, Offering, and Opposing Exhibits (NITA)

Criminal Law

Wolters Kluwer

NITA would like to acknowledge that this case file was produced through Emory's Center for Advocacy and Dispute Resolution, with a special thanks to Reuben Guttman and the firm of Grant & Eisenhofer for their help in authoring the materials. The four case files of United States ex rel. Rodriguez v. Hughes, et al. explore the suit brought by Juan Rodriguez, a prominent engineer, who acted as a whistleblower against his employer, Hughes Aircraft, for violations of the False Claims Act. Richard Hughes (CEO of Hughes Aircraft) learned that the United States Department of Defense (DOD) was looking for a new helicopter to provide to the Mexican government as part of the United States' Mérida Initiative, which provided Mexico resources to help it fight its war against the drug cartels. Hughes, on behalf of Hughes Aircraft, entered into a sole source contract with the DOD. Hughes was favorably positioned to do so as it was the sole manufacturer of the Screaming Eagle helicopter S-70, the model the DOD was seeking to purchase. Rodriguez's employment background put him in a position to ascertain whether his employer, Hughes Aircraft, was making false claims to the DOD. Initially, Rodriguez had been employed at Sikorsky Aircraft Inc., a predecessor of Hughes, working in the design and manufacture of the first Screaming Eagle helicopters. Later Sikorsky Aircraft was bought by Hughes Aircraft. During his tenure at Hughes, Rodriguez had designed and retrofitted early versions of the Screaming Eagle helicopter. When retrofitted with heavy missiles, one of the first versions, the UH-A, suffered cracks on landing. Accordingly, metals intended to help crash-proof the helicopter were added to the design. Hughes also started to employ Magnaflux testing to ensure that later versions of the Screaming Eagle did not have subsurface cracks. Rodriguez claims that he saw cracks in the cabin of one of the Screaming Eagles Mexico helicopters, and that he also saw workers welding over the cracks. Rodriguez claimed that he considered the welding over of cracks in the cabin of the Screaming Eagle a "cover up" of the failure to conduct testing and thus an act of fraud--passing on defective helicopters to the governments of the United States and Mexico.

United States ex rel. Rodriguez v. Hughes, et al.: Motions Faculty Materials (NITA)

Reuben A. Guttman

Matthew J. McCoyd

Alexander G. Barney

Aspen Publishing

The three case files of United States ex rel. Rodriguez v. Hughes, et al. explore the suit brought by Juan Rodriguez, a prominent engineer, who acted as a whistleblower against his employer, Hughes Aircraft, for violations of the False Claims Act. Richard Hughes (CEO of Hughes Aircraft) learned that the United States Department of Defense (DOD) was looking for a new helicopter to provide to the Mexican government as part of the United States' Mérida Initiative, which provided Mexico resources to help it fight its war against the drug cartels. Hughes, on behalf of Hughes Aircraft, entered into a sole source contract with the DOD. Hughes was favorably positioned to do so as it was the sole manufacturer of the Screaming Eagle helicopter S-70, the model the DOD was seeking to purchase. Rodriguez's employment background put him in a position to ascertain whether his employer, Hughes Aircraft, was making false claims to the DOD. Initially, Rodriguez had been employed at Sikorsky Aircraft Inc., a predecessor of Hughes, working in the design and manufacture of the first Screaming Eagle helicopters. Later Sikorsky Aircraft was bought by Hughes Aircraft. During his tenure at Hughes, Rodriguez had designed and retrofitted early versions of the Screaming Eagle helicopter. When retrofitted with heavy missiles, one of the first versions, the UH-A, suffered cracks on landing. Accordingly, metals intended to help crash-proof the helicopter were added to the design. Hughes also started to employ Magnaflux testing to ensure that later versions of the Screaming Eagle did not have subsurface cracks.Rodriguez claims that he saw cracks in the cabin of one of the Screaming Eagles Mexico helicopters, and that he also saw workers welding over the cracks. Rodriguez claimed that he considered the welding over of cracks in the cabin of the Screaming Eagle a "cover up" of the failure to conduct testing and thus an act of fraud passing on defective helicopters to the governments of the United States and Mexico.

United States ex rel. Rodriguez v. Hughes, et al.: Motions Relators Materials (NITA)

United States ex rel. Rodriguez v. Hughes, et al.: Motions Defendants Materials (NITA)

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Books by Paul J. Zwier