Litigation in the COVID Era – From Intake Through Trial

December 9, 2021

3.25 CLE Hours

Topics & Speakers

12:55 p.m. | Welcome Remarks 

• Kevin J. Williams, Law Office of Kevin J. Williams, PLLC, Winston-Salem 

1 p.m. | North Carolina’s Emergency or Disaster Treatment Protection Act  

• Elizabeth Todd, Law Offices of James Scott Farrin, Raleigh Office 
  • In this session, Elizabeth will discuss North Carolina’s Emergency or Disaster Treatment Protection Act a/k/a “Immunity Statute.” Learn how it has affected the intake and handling of certain types of cases in the nursing home negligence and medical malpractice arenas. See how early court opinions have handled cases that fall under the Act and strategies (pleading and otherwise) for pursuing these cases. Come hear about where we are with the Immunity Statute and where we may be headed as COVID continues to be a major health issue across the world.

1:45 p.m. | COVID and its Impact on Depositions and Mediations 

• Joseph P. Tunstall, O’Malley Tunstall, PLLC, Tarboro and Raleigh 
  • Depositions: Come hear about how to set up and prepare for an effective Zoom deposition. Learn about the pros and cons of Zoom depositions, how to guard against potential risks, and the use of Zoom depositions going forward whenever we emerge from this pandemic.
  • Mediations: Also, find out about how COVID has affected how we conduct mediations. Learn about steps we can take in advance of a Zoom mediation to maximize chances of success. Hear about strategies to use in the Zoom mediation to further the process.

2:30 p.m. | Break 

2:45 p.m. | Jury Selection

• Artemis Malekpour (She/Her), J.D., M.H.A., Malekpour Ball Consulting, Chapel Hill
  • This session will identify some of the issues and strategies to consider as you prepare for trial in a COVID-weary era.
  • Discussion will include how COVID has influenced jurors’ thinking and attitudes going into trial, what we want to address (and how) in voir dire, and what we need to reframe or avoid.

3:30 p.m. | Trial Preparation and Trial

• Robert J. Herford, Ted A. Greve & Associates, Charlotte
• Davis Poisson,  Poisson, Poisson & Bower, Wadesboro
  • Two speakers who have tried cases in the COVID era will share their thoughts and experiences on various topics such as:
  • Opting for bench vs. jury trial,
  • Pretrial motions related to COVID,
  • How masks, partitions, etc. have affected trial presentations, 
  • Actions taken by judges to address COVID, and more.

4:15 p.m. | Questions for Speakers

4:25 p.m. | Closing Remarks 

4:30 p.m. | Adjourn