An Illinois and Missouri Comparative Law Seminar

Transcription

1 An Illinois and Missouri Comparative Law Seminar Thursday, September 18, 2014 Presented by Busch Stadium Conference Center St. Louis Presented By: Missouri Organization Of Defense Lawyers

2 Agenda 12:30 Registration 1:00 Opening Remarks 1:15 2:15 Outpacing the Odds: Using Clients Metrics to Stay Ahead of the Game Janet R. Spies, Spies, Powers & Robinson, P.C., Denver, CO As the business and insurance world have become better consumers of legal services, they have begun using metrics and analytics to "grade" their lawyers and law firms. These grades are then considered in decisions about who will keep work, get new work, and receive fee increases. This talk will enlighten you about the ways that smart lawyers are studying and improving their metrics to assure themselves of steady and increasing business. 2:15-3:15 How to Avoid $1,000/day Penalties - Statutory Compliance with the Requirements of Liens Moderated By: Patricia Kent, Gould & Lamb, Bradenton, FL Speakers: Amy Collignon Gunn, The Simon Law Firm, P.C., St. Louis, MO Gregory L. Shevlin, Cook, Ysura, Bartholomew, Brauer & Shevlin, Ltd., Belleville, IL Liens have long complicated the lives of litigation attorneys when it comes to resolving cases and this situation has only worsened in recent years with the changes relating to Medicare liens. The panel will present an update on the applicable statutes and regulations and discuss practical solutions to avoiding the pitfalls that these rules and regulations can cause when negotiating and paying settlements and judgments. 3:15-3:45 Refreshment Break 3:45-4:30 Missouri v. Illinois - Differences in Discovery and Depositions Gerard T. Noce, HeplerBroom, LLC, St. Louis, MO Russell K. Scott, Greensfelder, Hemker & Gale, P.C., Belleville, IL In this presentation, our speakers will distinguish various issues that come up in discovery. For example, Missouri takes one position on work

3 product as it relates to witness identification and statements, while Illinois takes another. The use of depositions in Missouri and Illinois is different as there is no discovery deposition in Missouri, while there is in Illinois. Our speakers will address each important discovery issue in which Missouri and Illinois differ in practice. 4:30-5:45 Panel Discussion: Evidence through the Judges Eyes Moderated By: Hon. Booker T. Shaw (Ret.), Thompson Coburn LLP, St. Louis, MO Panelists: Hon. Michael Burton, St. Louis County Circuit Court Hon. Andrew J. Gleeson, Illinois Twentieth Judicial Circuit Court Hon. Thomas Mummert, U.S. District Court, Eastern District of Missouri Hon. Nancy Rosenstengel, U.S. District Court, Southern District of Illinois 5:45-6:45 Cocktail Reception with Comments from the Clubhouse John Mozeliak, Senior Vice President and General Manager, St. Louis Cardinals, LLC Contributing Sponsor: Robson Forensic, Inc. 7:15 St. Louis Cardinals v. Milwaukee Brewers Registration Registration for this event is $250 for IDC and MODL Members and $350 for non-members. Registration includes CLE, seminar materials, refreshment breaks, cocktail reception, and one ticket to the St. Louis Cardinals v. Milwaukee Brewers baseball game (food & drink provided at the game). Continuing Legal Education Credit Application will be made for the following credit hours: IL and IN 3.0 CLE Credit Hours MO and WI 3.6 CLE Credit Hours Hotel Accommodations A small block of guestrooms has been reserved at the Hilton St. Louis Ballpark. Room rates are $159 and may be reserved by phoning

4 Keynote Speaker John Mo Mozeliak was named the Cardinals Senior Vice President and General Manager in October 2007 after being promoted from Assistant General Manager a position he had held for six seasons. Mo is the 12th general manager in the over 100 year history of the Cardinals. Featured Speakers Hon. Michael D. Burton received a B.A. in Government from the University of Notre Dame in 1982 and a J.D. from the Washington University School of Law in He was a trial attorney with the Special Public Defender s Office from 1985 to From 1989 to 1999, Burton was a trial attorney specializing in criminal defense (handling many death penalty cases) with the law firm Margulis, Grant, Burton and Margulis, P.C. The late Missouri Governor Mel Carnahan appointed Burton to the bench as an associate circuit judge in In 2004, Governor Bob Holden appointed Burton to the position of circuit court judge. In 2008, he was appointed to be the Administrative (Presiding) Judge of the St. Louis County Family Court (which includes all dissolution, paternity, domestic violence orders of protection and juvenile matters). As of January, 2013, Burton handles a civil/criminal docket. Burton is currently an adjunct professor at St. Louis University School of Law (since 1992) where he teaches Trial Advocacy and at Washington University School of Law (since 1997) where he now teaches Evidence. Since 2008, Burton regularly assists in training judges through the National Judicial Institute on Domestic Violence and National Council of Juvenile and Family Court Judges. Hon. Andrew J. Gleeson is a Resident Circuit Judge of the Twentieth Judicial Circuit, St. Clair County, IL. He presently serves in the Major Civil Jury assignment. In addition, his duties include major civil bench trials, asbestos litigation and class action litigation. Gleeson is presently starting his third year in this assignment. Judge Gleeson has served as the Public Defender in St. Clair County and was engaged in the general practice of law for eighteen years. He was appointed an Associate Judge in 2003 and elected Resident Circuit Judge in Judge Gleeson is currently in his ninth year as an adjunct professor at Southwestern Illinois College, teaching litigation support for paralegals. Judge Gleeson was a faculty member of the Education Conference 2010 of the Administrative Office of the Illinois Courts and serves on the Article V Committee of the Illinois Supreme Court. Amy Collignon Gunn is a member of The Simon Law Firm, P.C. in St. Louis where she focuses her practice exclusively on plaintiff personal injury work including product liability and medical negligence. She graduated from Saint Louis University School of Law, cum laude, in 1996 where she was the Managing Editor of the Saint Louis University Law Journal. Amy has been acknowledged for her commitment to her clients and the legal community through receipt of the John C. Shepherd Professionalism Award in 2006, the Lon O. Hocker Trial Lawyer Award in 2007, Up and Coming Lawyers in 2007, the 40 Under 40 Award presented by the ST. LOUIS BUSINESS JOURNAL in 2008, the Women s Justice Rising Star Award in 2009 and the Tom Strong Trial Attorney Award in Amy has been recognized by the Missouri and Kansas Super Lawyers from 2008 to the present and The Best Lawyers in America from 2009 to the present. She was selected to the list of the Top 50 Women Attorneys in Missouri and Kansas in 2010 to present and the Top 50 St. Louis Attorneys in 2013.

5 Featured Speakers Patricia Kent, JD, RN, HCRM, MSCC, CMSP is currently the Liability Staff Counsel at Gould and Lamb, LLC in Bradenton, Florida. Patricia graduated with a degree in Nursing from St. Petersburg College and worked for 20 years as a Registered Nurse. In 2002, she graduated from Stetson College of Law with a JD and practiced primarily in the areas of Personal Injury and Medical Malpractice, intially with two St. Petersburg law firms, and later as a sole practicioner in Bradenton. Since obtaining her MSCC (Medicare Set-Aside Certified Consultant) and CMSP (Certified Secondary Payer Professionl) certifications and joining Gould & Lamb in 2011, Patricia has utilized her nursing and legal experience to guide Gould and Lamb s clients though the complex world of Medicare Compliance, which includes Mandatory Reporting, Conditional Payments and Medicare Set-Asides. As Staff Counsel, Patricia is a frequent lecturer at conferences and seminars on the topics of Medicare Compliance throughout both the U.S. and London, UK. In addition, Patricia has testified in a number of Federal Court cases and has been recognized by the Courts as an expert witness in the area of Medicare Compliance. Hon. Thomas C. Mummert received his B.A. from the University of Dayton and his J.D. from St. Mary's University School of Law. He was appointed a Missouri Circuit Judge in 1984 and before that was a St. Louis Municipal Court Judge and was in private practice. He was elected Presiding Judge of the St. Louis Circuit Court for a two year term beginning January, While on the state bench, Judge Mummert was a member of the Supreme Court Civil Rules Committee, the Supreme Court Task Force on Cameras in the Courtroom, the Supreme Court Committee on Court Automation, and the Supreme Court Committee on Criminal Instructions and Charges. On February 1, 1995, Judge Mummert was selected for appointment to the position of U.S. Magistrate Judge for the Eastern District of Missouri. He has been serving on the Federal Bench since May 15, In addition to twice having received the President's Award for Outstanding Service from BAMSL, Judge Mummert has been an adjunct professor at Washington University School of Law and has served six years on the Committee on the Codes of Conduct for the Judicial Conference of the United States. Judge Mummert served as the President of the Federal Magistrate Judges Association from 2009 to 2010 and as a member of the United States Courts Advisory Group of Magistrate Judges. Judge Mummert is currently serving a two year term as the Magistrate Judge representative to the Judicial Conference of the United States and a three year term on the Committee on Magistrate Judge Education for the Federal Judicial Center. Judge Mummert was appointed Chief Magistrate Judge for the Eastern District of Missouri in September of Gerard T. Noce is a partner with HeplerBroom, LLC, St. Louis, Missouri. Mr. Noce focuses his practice on trials involving complex business litigation matters, including: professional and general negligence, clergy misconduct, products liability and school law. Mr. Noce has represented clients in Missouri and Illinois. A graduate of the University of Missouri-Columbia and the University of Missouri-Columbia School of Law, Mr. Noce is a Fellow of the American College of Trial Lawyers, Member of the Defense Research Institute and International Association of Defense Counsel and Past President of the Missouri Organization of Defense Lawyers. Mr. Noce has also been recognized as a Missouri Super Lawyer - Top 50 in St. Louis.

6 Featured Speakers Hon. Nancy Rosenstengel is a United States District Judge in the Southern District of Illinois. She received a Bachelor of Arts degree, cum laude, in 1990 from the University of Illinois at Urbana-Champaign and a Juris Doctorate, cum laude, in 1993 from Southern Illinois University School of Law. She was an associate at the law firm of Sandberg, Phoenix & von Gontard in St. Louis, MO, from 1993 to 1998, where her practice primarily involved products liability, medical malpractice, and Jones Act litigation. From 1998 to 2009, she served as a career law clerk to United States District Judge G. Patrick Murphy in the Southern District of Illinois. From October 2009 to May 2014, she served as Clerk of Court in the Southern District of Illinois. On November 7, 2013, President Obama nominated Rosenstengel to serve as a United States District Judge. The Senate voted 95-0 for final confirmation on May 8, 2014, and she received her judicial commission on May 12, Rosenstengel is the first female district judge to serve in the Southern District of Illinois. Russell K. Scott is a Senior Litigation Officer and Member of the Board of Directors of Greensfelder, Hemker & Gale, P.C. Mr. Scott s practice includes the defense of legal and medical malpractice suits, product liability actions, industrial accident cases, premises liability, automobile, construction, insurance coverage, class action, toxic tort and general commercial and personal injury litigation. He has over thirty years experience in all aspects of state and federal trial and appellate work and has served as Chair of the Local Rules Committee and Vice Chair of the Civil Justice Reform Committee of the United States District Court for the Southern District of Illinois. He served on the Joint Ad Hoc Committee of the CBA/ISBA on Mandatory Continuing Legal Education in 2001 and In addition, Mr. Scott is experienced in the trial and arbitration of uninsured and underinsured motorist disputes in Illinois and Missouri and, as a Certified Mediator, is often called upon to mediate and arbitrate personal injury, professional liability, insurance, commercial and construction disputes. Hon. Booker T. Shaw (Retired) is a partner in the Business Litigation Practice Group at Thompson Coburn LLP. Judge Shaw served in the 22 nd Judicial Circuit as an associate circuit judge and as a circuit judge. In 2002, he was appointed to the Missouri Court of Appeals, Eastern District. He served as Chief Judge of that Court from 2006 until At the trial court, Judge Shaw presided in more than 500 jury and non-jury trials, and he has participated in over one thousand cases at the appellate court. He has authored 141 opinions on a variety of cases, from medical negligence and nuisance/sovereign immunity to commercial transactions, contracts, personal injury and domestic relations. Prior to his judicial posts, he worked at the Department of Justice, the Federal Trade Commission, and the Circuit Attorney s Office, where he tried more than 50 criminal cases to verdict before a jury. He received his J.D. from Catholic University and his B.A. from Southern Illinois University at Carbondale. He has taught trial advocacy at Washington University School of Law since 1995 and has been an instructor at the National Institute of Trial Advocacy since Judge Shaw focuses his practice on complex litigation and appellate matters. He is also an approved mediator for the U.S. District Court of the Eastern District of Missouri and the Circuit Courts of St. Louis city and county.

7 Featured Speakers Gregory L. Shevlin is a partner with the Belleville, IL office of Cook, Ysura, Bartholomew, Brauer & Shevlin where his practice is focused in the areas of construction injuries, products liability, motor vehicle accidents-plaintiff, wrongful death- Plaintiff, workers compensation and medical malpractice. A graduate of Benedictine College and the Washburn University School of Law, Mr. Shevlin is admitted to practice in Illinois and Missouri as well as the U.S. District Court Southern District of Illinois, U.S. Court of Appeals 7th Circuit and the U.S. Court of Federal Claims. Mr. Shevlin is a member of the American Association of Justice; Illinois State Bar Association; Illinois Trial Lawyers Association (Board Member, Executive Committee Member and President Elect); St. Clair County Bar Association (Past Board Member, Treasurer, and Past President) and the E. St. Louis Bar Association (Board Member, Past President). Janet R. Spies is the managing shareholder of Spies, Powers & Robinson, P.C. in Denver, Colorado. She is the Immediate Past President of the Colorado Defense Lawyers Association and has served two terms as the DRI State Representative for Colorado. She currently serves on DRI s Law Practice Management Committee. Jan s practice emphasizes insurance defense litigation and complex commercial disputes involving insurance coverage, bad faith, fraud, employment claims, uninsured motorist claims, personal injury and wrongful death. Missouri Organization Of Defense Lawyers Space And Ballgame Tickets Are Limited For This Event. Register Today To Secure Your Spot!

8 Event Sponsors The Illinois Association of Defense Trial Counsel and the Missouri Organization of Defense Counsel would like to thank the following industry partners for their generous support of this event:

9 Planning Committee We would like to thank the following members of the IDC and MODL for their countless hours of work on this program: Jennifer Baumann Thompson Coburn, LLP Kenneth W. Bean Sandberg Phoenix & von Gontard, P.C. Laura K. Beasley Joley, Oliver & Beasley, P.C. Nicole Behnen Polsinelli LLP Registration Name: Firm: Address: City, State, Zip: Phone: Special Dietary or Accessibility Needs: Registration Stephen M. Buckley Buckley & Buckley, LLP Justin Chapell Brown & James, P.C. Seminar & Ball Game IDC/MODL Member ($250) Non-Member ($350) $ $ David J. Deterding HeplerBroom, LLC John S. Farmer Thompson Coburn, LLP Kurt A. Hentz HeplerBroom, LLC Donald O Keefe Pitzer Snodgrass, P.C. Mary Reitz Greensfelder, Hemker & Gale, P.C. Scott Stephenson Litchfield Cavo, LLP Patrick W. Stufflebeam HeplerBroom, LLC Richard C. Wuestling Wuestling & James Payment Information Enclosed is check number for $. Please charge $ to my credit card (do not fax or credit card information). Credit Card #: Exp Date: CSC: Name, as it appears on Credit Card: Credit Card Billing Address: Please return this form with payment to: Illinois Association of Defense Trial Counsel PO Box 588, Rochester, IL Questions? Call or idc@iadtc.org