| Employment Litigation
Thinking Outside the Box
Sponsored with the Macaronis Institute for Trial and Appellate Advocacy & Flaschner Judicial Institute
Please Note: This course has already
been held.
Date: Thursday, October 02, 2003
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 08:00 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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Employment litigation is at the cross roads. For the past forty years, the trends of litigation have created a host of formal, seemingly rigid rules, which practitioners intone and judges adopt. This course steps back from the current law to encourage participants to "think outside the box." Where has the law been and where is it going? It seeks to do more than simply tell you how to conduct a deposition, or what the Supreme Court has said in its most recent opinions. A talented course faculty of judges and lawyers will address creative approaches to employment law and critique such issues as:
- Why is it harder to defeat summary judgment in tort or contract cases, where there are relatively simple questions of intent, than it is to defeat summary judgment in an employment discrimination case, where intent to discriminate is complex and nuanced?
- Why does it matter if the plaintiff agrees in the deposition that she/he does not know why she/he was fired, when the issue is the employer's intent and not the plaintiff's?
- What is a "stray remark" and where does it fit in the overall presentation of proof?
- Will mixed motive approaches supplant all others after the Supreme Court's decision in Desert Palace v. Costa?
- What are the lessons we can learn from other areas of the civil law that can or should be applied to employment law - proof of punitive damages, compensatory damages, trial stories in negligence cases?
- How will recent efforts to restrict the confidentiality of settlement agreements affect employment law?
Attend and Learn:
- Why do judges care about the plaintiff's state of mind when the defendant's state of mind is in issue?
- Why are class actions on the upswing in MA under FLSA and state wage law?
- Why are there shifting burdens of proof for summary judgment but not for jury instructions?
- Should there be more than two questions for the jury?
- What do judges believe are the key differences in employment and other civil actions with respect to proving intent?
- What kinds of claims are covered by insurance and what covered claims are often overlooked?
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Honorable William G. Young
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U.S. District Court, District of Massachusetts |
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Honorable Nancy Gertner
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U.S. District Court for the District of Massachusetts (Invited) |
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Professor Marc D. Greenbaum
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Suffolk University Law School, Boston, MA |
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Raymond J. Brassard
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Associate Justice, Massachusetts Superior Court |
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Peter W. Agnes, Jr.
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Associate Justice, Massachusetts Superior Court |
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Paul J. Barbadoro
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Chief Judge, U.S. District Court, District of New Hampshire |
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Honorable Margot Botsford
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Supreme Judicial Court |
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Mark H. Burak
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Nixon Peabody LLP, Boston, Massachusetts |
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Margaret R. Hinkle
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Associate Justice, Massachusetts Superior Court |
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Shannon E. Liss-Riordan
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Pyle Rome Lichten & Ehrenberg, PC, Boston, Massachusetts |
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Elizabeth A. Rodgers
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Rodgers Powers & Schwartz LLP, Boston, Massachusetts |
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Patti B. Saris
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U.S. District Court, District of Massachusetts |
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William E. Smith
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U.S. District Court, District of Rhode Island |
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Charles P. Wagner
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Charles P. Wagner & Associates, Boston, Massachusetts |
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Richard P. Ward
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Ropes & Gray, Boston, Massachusetts |
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Christine J. Wichers
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Choate Hall & Stewart, Boston, Massachusetts |
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| S C H E D U L E / A G E N D A |
| 4:00 |
Introduction & Overview |
Professor Marc Greenbaum & Honorable Nancy Gertner
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| 4:20 |
Discovery and Class Actions |
- Creative use of experts
- Psychiatric records
- Employee personnel files
- Access to internal investigations
- Attorney/client privilege
- Discrimination and wage class actions
Honorable Patti B. Saris, Honorable Raymond J. Brassard, Mark H. Burak, Esq. & Shannon E. Liss-Riordan, Esq.
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| 5:35 |
Summary Judgment, Mixed Motive and Jury Instructions |
- Distinctions between cases where plaintiff must prove intent, or intent or effect, or neither
- Significance of recent cases, e.g. Desert Palace v. Costa
- Significance of comparator information
- The difference between jury instruction and summary judgment standards
- Special questions for the jury
Honorable Paul J. Barbadoro, Honorable Nancy Gertner, Honorable William E. Smith, Honorable Margot G. Botsford, Honorable Margaret R. Hinkle, Elizabeth A. Rodgers, Esq. & Richard P. Ward, Esq.
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| 7:15 |
Remedies |
- Confidential settlements
- Experts on damages
- Punitive damages
Honorable William G. Young, Honorable Peter W. Agnes, Jr., Charles P. Wagner, Esq. & Christine J. Wichers, Esq.
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| Date: |
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Thursday, October 02, 2003 |
| Tuition: |
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Tuition is $159; $129 for attorneys admitted to the Bar after 2000. The course book is included in the tuition charge. A limited number of partial scholarships are available. Please submit a written request via fax 617-305-3099.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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This course will provide CLE Credit in RI, NH, VT, NY & ME.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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