Buy This Course
OnDemand Video
Course Book Download
or
Overview
Strategy vs. Counter-Strategy: Causation, Damages, Evidence, Negotiations, and Trial
Personal injury litigation is a battlefield, with critical issues such as causation, damages, and expert testimony at the forefront of every case. This essential CLE offers a 360-degree analysis of these and other key topics from both the plaintiff's and defense's perspectives. Discover how to overcome common sticking points and gain valuable insights into the strategies and arguments that shape the outcomes of personal injury cases. Register today!
- Determine how plaintiff's attorneys can effectively overcome the challenges of past injuries.
- Learn the critical differences in how each side handles the calculation of damages.
- Discover if the experts you use are truly the best fit for the case - or if they're undermining your arguments.
- Find out how to deal with the pressure of bad faith allegations and the use of threats in settlement negotiations.
- Gain insights into the best trial strategies used by plaintiff's and defense attorneys.
This program was designed in conjunction with NBI's esteemed 2023-2026 Content Advisory Committee Member Robert J. Kasieta.
Abbreviated Agenda
- Clashing on Causation: Pre-Existing Conditions
- Damages in Dispute: Pain and Suffering in Focus
- Trial Strategy: Plaintiff's and Defense's Playbooks
- Settlement and Mediation: Opposing Views on Timing and Negotiation Techniques
- Winning the Battle of the Experts
- Legal Ethics: Professionalism and Integrity in Advocacy
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| California MCLE Paralegal |
|
6 Total | 12-12-2027 |
| Alaska CLE |
|
6 Total | 12-12-2027 |
| Alabama CLE |
|
6 Total | 12-31-2026 |
| Arkansas CLE |
|
6 Total | 06-30-2026 |
| Arizona CLE |
|
6 Total | 12-12-2027 |
| California CLE |
|
6 Total | 12-12-2027 |
| Colorado CLE |
|
7 Total | 12-31-2027 |
| Connecticut CLE |
|
6 Total | 12-12-2027 |
| Delaware CLE |
|
6 Total | 12-12-2027 |
| Florida CLE |
|
7 Total | 06-30-2027 |
| Georgia CLE |
|
6 Total | 12-31-2027 |
| Hawaii CLE |
|
6 Total | 12-12-2027 |
| Iowa CLE |
|
6 Total | 12-12-2026 |
| Idaho CLE |
|
6 Total | 12-12-2030 |
| Illinois CLE |
|
6 Total | 12-11-2027 |
| Indiana CLE |
|
6 Total | 12-12-2026 |
| Kansas CLE |
|
7 Total | 12-11-2026 |
| Kentucky CLE |
|
6 Total | 06-30-2026 |
| Louisiana CLE |
|
6 Total | 12-12-2026 |
| Maine CLE |
|
6 Total | 12-11-2027 |
| Minnesota CLE |
|
6 Total | 12-12-2027 |
| Missouri CLE |
|
6 Total | 12-12-2027 |
| Northern Mariana Islands CLE |
|
6 Total | 12-12-2027 |
| Mississippi CLE |
|
6 Total | 07-31-2026 |
| Montana CLE |
|
6 Total | 12-12-2028 |
| North Dakota CLE |
|
6 Total | 12-12-2028 |
| Nebraska CLE |
|
6 Total | 12-12-2027 |
| New Hampshire CLE |
|
6 Total | 12-12-2028 |
| New Jersey CLE |
|
7.2 Total | 09-03-2026 |
| New Mexico CLE |
|
6 Total | 12-12-2027 |
| Nevada CLE |
|
6 Total | 12-12-2028 |
| New York CLE |
|
7 Total | 12-12-2028 |
| Ohio CLE |
|
6 Total | 12-31-2026 |
| Oklahoma CLE |
|
7 Total | 12-12-2027 |
| Oregon CLE |
|
6 Total | 12-12-2028 |
| Pennsylvania CLE |
|
6 Total | 12-12-2027 |
| Rhode Island CLE |
|
6 Total | 06-30-2026 |
| South Carolina CLE |
|
6 Total | 12-31-2026 |
| Tennessee CLE |
|
6 Total | 12-11-2027 |
| Texas CLE |
|
6 Total | 11-30-2026 |
| Utah CLE |
|
6 Total | 12-31-2026 |
| Virginia CLE |
|
6 Total | 10-31-2026 |
| Vermont CLE |
|
6 Total | 12-12-2027 |
| Washington CLE |
|
6 Total | 12-11-2030 |
| Wisconsin CLE |
|
7 Total | 12-31-2026 |
| West Virginia CLE |
|
7.2 Total | 12-12-2027 |
| Wyoming CLE |
|
6 Total | 09-03-2026 |
| Delaware Certified Paralegal Program |
|
6 Total | 12-12-2026 |
| Florida Registered Paralegal |
|
6 Total | 06-30-2027 |
| Indiana Paralegal CLE |
|
6 Total | 12-12-2026 |
| Montana CLE Credit for Paralegals |
|
6 Total | 12-12-2027 |
| New Mexico Paralegal Division, State Bar of |
|
6 Total | 12-12-2027 |
| Ohio Certified Paralegals |
|
6 Total | 12-12-2026 |
| NFPA |
|
0 Total | 12-12-2026 |
| Texas State Bar of Paralegal Division |
|
6 Total | 12-12-2026 |
Select Jurisdiction
CLE
Paralegal
Agenda
-
Clashing on Causation: Pre-Existing Conditions
- Pre-Existing Conditions: Take Plaintiff As-Is, or Blame Everything on Prior Issues
- How Long is Too Long for It to Be a Relevant Pre-Existing Condition?
- Is It Worth a Defense Examination - Two Different Worldviews
-
Damages in Dispute: Pain and Suffering in Focus
- Three Times Medical Specials? Who Said That?
- Valuing Pain and Suffering Without Interviewing Lay Witnesses
- Best Plaintiff and Defense Arguments on Damages
-
Trial Strategy: Plaintiff's and Defense's Playbooks
- Motions in Limine - Let's Talk Strategy
- The Perfect Juror for the Plaintiff vs. Defendant
- Maximizing Burden of Proof Arguments for Each Side
- The Best Plaintiff and Defense Closing Arguments
-
Settlement and Mediation: Opposing Views on Timing and Negotiation Techniques
- Why We Don't Talk Anymore (and We Just Mediate)
- Most Effective Plaintiff and Defense Strategies
- The Role of Bad Faith in Settlement - An Effective Threat or the Big Bad Wolf?
- The Economics of Settlement From Each Side
-
Winning the Battle of the Experts
- Treating Doctors vs. Hired Guns
- Are Experts You've Used Many Times Bad Experts?
- The Best Experts for Each Side
- Reducing the Cost of Experts
-
Legal Ethics: Professionalism and Integrity in Advocacy
- Zealous Advocacy - Yet Civil and Truthful Representations
- Avoiding Frivolous Claims and Motions
- Ensuring Professional Conduct in Negotiations and Settlement
- Ethical Use of Witnesses
- Applying the Rules of Professional Conduct to Discovery and Evidence
- Avoiding Improper or Unethical Tactics at Trial
Who Should Attend
This program is designed for attorneys. Insurance professionals and paralegals may also benefit.
Speakers
Speaker bio
Jennifer J. El-Kadi
is a litigation attorney and founder of JEK Law, where she advocates for survivors of sex abuse and human trafficking, as well as individuals injured in motor vehicle accidents. Her practice is rooted in the belief that those who have been silenced or harmed deserve fierce, trauma-informed legal representation-and she brings both compassion and precision to every case she handles. Ms. El-Kadi has built her career fighting for plaintiffs who cannot fight for themselves. She previously served as Partner and Chief Operating Officer at Babin Law, where she led the firm's Human Trafficking Department and helped file the first civil TVPRA lawsuit in the country. Under her leadership, the docket expanded from 100 to more than 2,100 active cases. She helped coordinate national litigation strategy across jurisdictions after the denial of MDL centralization, spearheading complex multi-defendant actions against corporate enablers and contributing to early case law development under the TVPRA and CAVRA. In addition to her leadership in sex abuse litigation, Ms. El-Kadi provides high-quality co-counsel support to firms nationwide-stepping in on an overflow or project basis to draft complaints, discovery, and motions, and guide litigation strategy in high-stakes cases. Her background spans personal injury, mass torts, and trauma-informed justice alternatives. As COO at Babin Law, she scaled national dockets involving Uber, Lyft, NEC, Hernia Mesh, CPAP, Hair Relaxer, and Valsartan, optimizing intake workflows and CRM systems. She also clerked under Judge Zottola in Pennsylvania's Veterans Court, where she supported diversion programs for justice-involved veterans facing service-related trauma.
Speaker bio
Shannon S. Fuhrman
is the owner of Fuhrman Law, where she practices in the areas of no-fault claims, personal injury, real estate, wills, estates, corporate law, collections, civil litigation, and service animal discrimination. Ms. Fuhrman is admitted to practice law in New York and Florida as well as the Western District Court of New York and the U.S. Bankruptcy Court for the Western District of New York. She is a member of New York State Bar Association, Erie County Bar Association and National Association of Professional Women. Ms. Fuhrman earned her B.A. degree from the University of Buffalo and her J.D. degree from the University of Buffalo Law School.
Speaker bio
Kevin M. Habberfield
is a partner at Black, Lyle & Habberfield, LLP. His areas of practice include personal injury, nursing home negligence, wrongful death, medical malpractice, and premises liability. Mr. Habberfield earned his B.S. degree from the State University of New York at Brockport and his J.D. degree, cum laude, from the State University of New York at Buffalo. He is a member of the American Association for Justice, New York State Trial Lawyers Association, New York State Academy of Trial Lawyers, Allegany County Bar Association (Pro Bono Committee), Cattaraugus County Bar Association (Continuing Legal Education Committee), the University of Buffalo Alumni Association, New York State Bar Association, New York State Trial Lawyers Western Region Affiliate, Pennsylvania Association of Justice, Pennsylvania Bar Association, US News & World Reports Best Lawyers, Super Lawyers as well as the American Bar Association. Mr. Habberfield is admitted to practice law in New York and Pennsylvania.
Speaker bio
Haley Kairab
is an attorney at Piasta Walker Hagenbush, LLC. She focuses her practice on personal injury. Ms. Kairab is also a Barrister in the Clarke-Carley Inn of Court, an esteemed association of top lawyers, law professors, and judges across the state. She also volunteers her time as a coach for the University of Georgia School of Law's advocacy program, where she trains the next generation of trial lawyers. Ms. Kairab earned her B.A. degree from the University of Florida and her J.D. degree, cum laude, from the University of Georgia School of Law. As a law student, she represented survivors of childhood sexual assault and human trafficking at UGA's Wilbanks Child Endangerment and Sexual Exploitation (CEASE) Clinic and was a legal extern for the DeKalb County District Attorney's Sexual Exploitation and Crimes Against Children (SECAC) Unit. Additionally, Ms. Kairab gained invaluable experience with issues of complex civil procedure and litigation as a legal intern for Justice Charles Bethel of the Supreme Court of Georgia. She is admitted to practice law in Georgia.
Speaker bio
Gary C. De Pury
is a solo practitioner at Law Offices of Gary De Pury, P.A. He focuses his practice on real estate law. After a lengthy Military career as a US Army Counterintelligence Agent, Mr. De Pury earned his J.D. degree from Ave Maria School of Law. He is admitted to practice law in Florida.
Speaker bio
William M. Fischbach
is a partner with Wilenchick & Bartness. He is an experienced trial attorney who concentrates his practice in commercial and civil litigation, with an emphasis in real estate, contract disputes, condemnation/eminent domain, and select catastrophic personal injury/wrongful death cases. Mr. Fischbach is rated AV Preeminent® by Martindale-Hubbell® and a member of Arizona’s Finest Lawyers. His community activities include serving on the State Bar of Arizona’s Civil Practice and Procedure Committee, serving as vice chair of the Camelback East Village Planning and Zoning Committee, serving as board chair for the Goodwill of Central and Northern Arizona and Board Chair for Thrive Services Group, Inc. Mr. Fischbach's first courtroom experiences were in the United States Army Judge Advocate General’s (JAG) Corps, where he served with the 101st Airborne Division and 82nd Airborne Division. He was the lead prosecutor in two high-profile war crimes cases during the Iraq war—dubbed by the media as the “Mahmudiyah Massacre” and the “Operation Iron Triangle Murders”—and won convictions in each case. As an attorney, Mr. Fischbach finished tours of duty in Iraq, Afghanistan, Uzbekistan, and the Republic of Korea, and successfully completed Airborne, Air Assault, and Pathfinder training. He was honorably discharged in 2008 at the rank of Major and is a recipient of the Combat Action Badge and the Bronze Star Medal. Mr. Fischbach earned his B.S. degree from Arizona State University in Tempe, Arizona and his J.D. and M.B.A. degrees from Tulane University in New Orleans, Louisiana. In his free time, he enjoys running, cycling, snowboarding, and weight training. Mr. Fischbach lives in Phoenix with his wife Terri and their dogs Chinook and Kiowa.
TOP FAQs
How do I access my courses?
Do you have options for attendees who are deaf or hard of hearing?
What happens if my course is cancelled?
Are multiple attendee discounts available?
When will the OnDemand be available and how long will I have access to the content?
What is included with my course purchase?
Will I receive a certificate of completion?
Can multiple people watch courses and request credit?
Have more questions? Please Contact Us
