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Overview
Revolutionize How You Question Experts
Experts can sound authoritative while quietly stretching science beyond its limits. Don't let them get away with it and miss the opportunity to strike. This program teaches you how to identify and expose unsupported assumptions, methodological shortcuts, and subjective conclusions disguised as objective science. Turn expert errors into settlement and trial leverage - register today!
- Use assumption stacking to expose opinions built on fragile premises.
- Create settlement and exclusion leverage through expert depositions.
- Target the expert opinions courts are most likely to limit or exclude.
- Spot exploitable errors in treating physician and independent medical examiner testimony.
- Challenge biomechanics experts who leave their lane and steer into medical opinions.
- Expose fragile inputs behind economic and vocational opinions.
This program was designed in conjunction with NBI's esteemed 2023-2026 Content Advisory Committee Member Robert J. Kasieta.
Abbreviated Agenda
- Expert Depositions to Exclusion: Building a Record Courts Will Act On
- Treating Physicians: Hidden Vulnerabilities Defense Counsel Can Exploit
- Independent Medical Examiners: Deposition and Cross-Exam Traps They Rarely Escape
- When Biomechanics and Accident Reconstruction Experts Leave Their Lane
- Life Care Planners: Challenging Cost Models Built on Assumptions
- Economists and Vocational Experts: Exposing Fragile Inputs at Depositions and Trial
- Ethics of Expert Testimony
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Mississippi CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| North Dakota CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
Select Jurisdiction
CLE
Agenda
-
Expert Depositions to Exclusion: Building a Record Courts Will Act On
- Legitimate Attacks on Science
- Lack of Scientific Method
- Lack of Precedence
- Bias
- Violation of Common Sense
- Assumption Stacking: The Expert House of Cards
- Building Settlement Leverage and Exclusion Through Expert Depositions
- Where Courts Are Most Receptive to Limiting or Excluding Expert Testimony
- In Limine and Daubert Motion Strategy
- Legitimate Attacks on Science
-
Treating Physicians: Hidden Vulnerabilities Defense Counsel Can Exploit
- Subjective Complaints vs. Objective Findings
- Subjective Pain Complaints Dressed Up as Diagnosis
- Medical Opinions Beyond the Doctor's Role
- Causation Traps
- Failing to Rule Out Alternative Causes
- Especially Suspect Diagnoses
- Treatment Plans With No Objective Trajectory
- Permanency Opinions Without a Medical Basis
-
Independent Medical Examiners: Deposition and Cross-Exam Traps They Rarely Escape
- Structural Bias and Repeat-Retention Exposure
- Certainty Opinions From Limited Examination
- Selective Record Review
- Boilerplate Language and Report Recycling
- Dismissing Subjective Complaints: When Skepticism Crosses Into Advocacy
-
When Biomechanics and Accident Reconstruction Experts Leave Their Lane
- "Forces Too Low to Cause Injury" Opinions
- Medical Conclusions
- Garbage Inputs, Authoritative-Looking Outputs
- General Studies Misapplied to Plaintiffs: Why Averages Don't Decide Injuries
- Deposition and Cross-Examination Questions to Expose Overreach
-
Life Care Planners: Challenging Cost Models Built on Assumptions
- Treating Assumptions as Medical Facts
- Permanency Baked Into Projections
- Exposing Cost Projections Without Clinical Anchors
- Reliance on Others/Inability to Determine Medical Necessity
- Deposition and Cross-Examination Questions That Collapse the Plan
-
Economists and Vocational Experts: Exposing Fragile Inputs at Depositions and Trial
- Subjective Inputs (Lost Earning Assumptions, Work-Life Expectancy Objections, Disability Percentages)
- Overconfidence in Plaintiff Self-Reporting on Limitations, Work Capacity, etc.
- Failure to Test Alternative Employment Scenarios
- Exposing the Domino Effect
- Historical Failings of Economic Projections
-
Ethics of Expert Testimony
- Duty of Candor
- Cross-Exams: Exposing vs. Distorting
- Weak vs. Ethically Unusable Expert Opinions
- Expert Preparation vs. Coaching in Preparation and Deposition
- Motion Practice and Ethical Gatekeeping
Who Should Attend
This program is designed for attorneys.
Speakers
Speaker bio
Paul D. Friedman
is a member, head of litigation and general counsel with Brown, Crowell & Friedman, PLLC d/b/a Accident Law Group™. He practices in the areas of medical malpractice, significant personal injury and ethics matters. Dr. Friedman is admitted to practice in Arizona, Ninth Circuit Court of Appeals and the U.S. Supreme Court. He is board-certified by the National Board of Legal Specialty Certification in civil pretrial practice advocacy and civil trial advocacy (NBOTA). Dr. Friedman has been certified in injury and wrongful death litigation by the State Bar of Arizona since 1997. He is an associate with the American Board of Trial Advocates (ABOTA). Dr. Friedman is also a medical malpractice diplomate with the American Board of Professional Liability Attorneys. He is a diplomate of the American Board of Forensic Examiners®, where he developed the curriculum for the Certified Forensic Consulting® Certification Course and authored the Certified Forensic Consultant Body of Knowledge by CRC Press. Dr. Friedman earned his bachelor's degree from the University of Arizona, his J.D. degree from California Western School of Law, his master's degree in bioethics from Midwestern University/Arizona College of Osteopathic Medicine and his doctorate from LaCrosse University. He was an adjunct professor of medical and research ethics at Midwestern University and the Arizona College of Osteopathic Medicine, where he instructed health care providers and students in the medical field. Dr. Friedman is currently an adjunct professor with the Sandra Day O'Connor School of Law at Arizona State University.
Speaker bio
Dr. Sam Goldstein, Ph.D.
, is an Adjunct Assistant Professor at the University of Utah School of Medicine and Clinical Director of the Neurology, Learning and Behavior Center, a multidisciplinary practice that conducts evaluations, consultation, and treatment services for approximately 600 individuals and families each year. In addition to his extensive clinical and academic work, Dr. Goldstein is nationally recognized for his expertise in forensic neuropsychology and psychological assessment. For more than four decades, Dr. Goldstein has provided expert consultation and forensic evaluation services in complex civil, educational, disability, personal injury, toxic exposure, and neurodevelopmental matters. He conducts approximately 50 forensic evaluations annually and has been deposed more than 400 times. He has provided expert testimony in numerous state, district, and federal courts throughout the United States. His forensic work has focused on the assessment of cognitive, behavioral, developmental, and neuropsychological functioning, including issues related to brain injury, toxic exposure, neurodevelopmental disorders, psychological damages, impairment, and functional capacity. Dr. Goldstein is the author of the widely read Forensic Updates series, which addresses emerging issues in forensic psychology and neuropsychology, expert testimony, assessment methodology, and the interpretation of scientific evidence in legal settings. His latest scholarly work, Neuropsychology of Toxic Exposure (Springer), further reflects his longstanding interest in the intersection of neuroscience, environmental exposure, clinical assessment, and forensic practice. A prolific scholar, Dr. Goldstein has authored or edited more than fifty professional and scientific books, over three dozen book chapters, and more than thirty peer-reviewed research articles. He has co-authored ten psychological assessment instruments and served as Editor-in-Chief of the Journal of Attention Disorders and on the editorial boards of six peer-reviewed journals. He is also Co-Editor of the Encyclopedia of Child Development.
Speaker bio
Anelise R. Codrington
is a partner at Chartwell Law where she handles matters in state, federal, and appellate courts with a practice focused on general liability and casualty defense, transportation and trucking litigation, professional and product liability, and appellate advocacy. She represents insurance companies and large self-insured businesses across multiple industries, including retail, grocery, residential, childcare and senior care, and transportation, and has extensive experience defending claims involving rideshare and gig-economy negligence, wrongful death, catastrophic injury, negligent security, and premises liability. Ms. Codrington is also actively engaged in professional and community service, including pro bono work assisting survivors of domestic violence, and brings a multicultural perspective to her advocacy and client relationships. Ms. Codrington is admitted to practice law in Georgia; the United States District courts for the Northern, Middle, and Southern districts of Georgia; the Georgia Court of Appeals; and the Georgia Supreme Court. She earned her Juris Doctor from Mercer University School of Law and her Bachelor of Arts from Georgia State University.
Speaker bio
Michael A. Haggard
is managing partner of The Haggard Law Firm in Coral Gables, Florida. Mr. Haggard practices in personal injury and specializes his practice in pool drowning, negligent security, wrongful death, unsafe premises and products liability. He has received numerous awards earning him recognition as one of the most highly regarded personal injury attorneys in the country. In 2017 he was awarded the Florida Justice Association's highest honor, the Perry Nichols Award and was named Lawyer of the Year by Best Lawyers of America. He has also been honored to receive the Advocate of Justice Award from the National Crime Victims Bar Association, received the Lifetime Achievement selection to America's Top 100 Attorneys®, has been twice named a Most Effective Lawyer by the Daily Business Review, is a member of the Top 100 Trial Lawyers, and is annually recognized as a Florida Trend Legal Elite Lawyer, a Florida Top 100 Super Lawyer and one of the Best Lawyers in America. Mr. Haggard is a member of Coral Gables, Dade County and American bar associations, The Florida Bar (Trial Lawyers Section), Academy of Florida Trial Lawyers, American Board of Trial Advocates and Southern Trial Lawyers Association. He received his B.S. degree from Florida State University and earned his J.D. degree from University of Miami School of Law.
Speaker bio
Peter L. Wechsler
is an attorney and founder of The Wechsler Law Group, LLC. He is a Florida Supreme Court certified circuit civil mediator and practices in Pinecrest (Miami), Florida. Mr. Wechsler is also a Florida Supreme Court qualified arbitrator and concentrates his practice in civil litigation, mediation, eDiscovery, electronically stored information (ESI), product liability, personal injury and wrongful death, insurance disputes, complex commercial litigation, motor vehicle crashworthiness, and accident reconstruction, and has been appointed by the courts numerous times as a special master in eDiscovery disputes. He earned his J.D. degree from Suffolk University Law School in Boston. Mr. Wechsler is board-certified in civil trial advocacy by the National Board of Trial Advocacy, and is a member of The American College of Board Certified Attorneys. He has been consistently selected by his peers as a Florida Super Lawyer®, including 2016 - 2020 in personal injury and products defense. Mr. Wechsler finished his five-year term on the Florida Board of Bar Examiners, and is now an emeritus member. He has been appointed to the Professionalism Committees of the Eleventh Judicial Circuit, and is a member of the Florida Supreme Court Standard Jury Instructions-Civil Committee. Mr. Wechsler is a fellow in the American College of e-Neutrals, a life member of the Association for the Advancement of Automotive Medicine (AAAM), the Society of Automotive Engineers (SAE), the Florida Defense Lawyers Association (FDLA), the Brain Injury Association of Florida, the Society of Automotive Engineers of Japan (JSAE), and many other societies and organizations. He has been dealing with Frye and Daubert matters for many years, and has been involved in qualifying and disqualifying experts in various fields at trial. Mr. Wechsler has used most types of experts in trial, including accident reconstruction, biomechanical, medical and mental health.
Speaker bio
James K. Weston, II
is a board-certified civil trial lawyer at Phelan Tucker Law, LLP, in Iowa City, Iowa. He has been a practicing trial lawyer since graduating from law school in 1996. Mr. Weston practices in the areas of personal injury and wrongful death, professional negligence/malpractice, commercial litigation and general civil litigation. In addition to his trial practice, he regularly speaks to lawyers' groups on litigation and trial issues, insurance law, and other subjects. Mr. Weston earned his B.A. degree from the University of Iowa and his J.D. degree from Drake University School of Law. He is a fellow of the Iowa Academy of Trial Lawyers.
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