TORT TRIAL & INSURANCE PRACTICE SECTION
2013
BOOK CATALOG www.shopaba.org
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T R I A L P R A C T I C E / L I T I G AT I O N
TABLE OF CONTENTS New Publications....................................................... Trial Practice/Litigation............................................... Employment Law....................................................... Fidelity and Surety Law.............................................. Professional Liability................................................... Intellectual Property Law............................................. Insurance Industry Regulation......................................
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QUANTITY DISCOUNTS Quantity discounts are available when the products are used as course materials in law schools, state and local bar associations, or other educational programs. For further information, contact Kelly Keane, American Bar Association, 321 N. Clark Street, Chicago, IL 60654-7598. Email: kelly.keane@americanbar.org. MONEY-BACK GUARANTEE If, for any reason, you are not satisfied with your purchase, return it to us within 30 days of receipt for a full refund of the price of the book. No questions asked! Return the product to: PBD Worldwide Attn: ABA Receiving 905 Carlow Drive, Unit B, Bolingbrook, IL 60490. QUESTIONS? If you have any questions about products, price, delivery, or payment, call our ABA Service Center at 1-800-285-2221, M-F, between 7:30 a.m. and 5:30 p.m. CST. INTERESTED IN WRITING? The Tort Trial & Insurance Practice Section is always seeking new books and book ideas. If you have an idea or are interested in writing, editing, or reviewing manuscripts, contact Richard G. Paszkiet, Deputy Director, Book Publishing American Bar Association, 321 N. Clark Street, Chicago, IL 60654-7598. Phone: 1-312-988-6040. Fax: 1-312-988-6030. Email: rick.paszkiet@americanbar.org. TORT TRIAL & INSURANCE PRACTICE SECTION Bringing together plaintiffs’ attorneys, defense attorneys, and insurance and corporate counsel for the exchange of information and ideas.
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T R I A L P R A C T I C E / L I T I G AT I O N
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T R I A L P R A C T I C E / L I T I G AT I O N A Claimant’s Guide to Understanding and Presenting Injury Damages: A Damages Expert’s Perspective BY MICHAEL SHAHNASARIAN PH.D. When initial settlement negotiations fail, claimants have two alternatives that summon their primeval instincts: fight or flight. The former involves pursuing a lawsuit; the latter involves abandoning damages claims.
NEW! 2012 89 pages 7 x 10 paper $89.95 (Regular) $75.95 (TIPS) PC: 5190485 Available in ebook format
A Claimant’s Guide to Understanding and Presenting Injury Damages, aims to guide people who (a) suffered injuries through little or no fault of their own, (b) seek fair compensation for acquired disabling problems, and (c) are pursuing litigation with concomitant damages claims. Topics include: ➤➤
Context about truth finding
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Managing expectations, having patience, and assessing damages
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Evolution of a claim and the parties who analyze it
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Strategies lawyers can employ for ultimate resolution
The Trial War Room Handbook BY G. CHRISTOPHER RITTER, AMIE J. BAILEY AND MICHAEL SKRZYPEK The War Room Handbook: Effective Strategies From the Trenches, is written for the lawyer facing a major adversarial event of some kind, such as a trial, arbitration, or Markman hearing in a patent case. Beyond writing briefs, researching the law, and presenting the evidence, lawyers need a level of practical advice and organizational ability to prepare for a case.
NEW! 2012 100 pages 6x9 paper $59.95 (Regular) $45.95 (TIPS) PC: 5190482 Available in ebook format
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Setting up a “war room” to prepare and support your efforts in court will improve your chances of things going smoothly and successfully. Written by seasoned trial lawyers, this book teaches best practices in war-room preparation. Eleven chapters focus on the answer to two key questions: “What is a war room?” and “How do I set up and run a successful war room?” Other features include: ➤➤
Sidebars and topical asides
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Checklists and quick-reference tools
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Q&A with veteran war-room organizers
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Tips on maintaining the right attitude and communication
TO ORDER CALL: 1-800-285-2221
T R I A L P R A C T I C E / L I T I G AT I O N ABA Medical-Legal Guides: Clinical Anatomy for Lawyers BY SAMUEL D. HODGE JR., JACK E. HUBBARD PH.D., M.D. ABA Medical-Legal Guides: Clinical Anatomy for Lawyers offers in-depth coverage and medical illustrations of each bodily system, including the common diseases and disorders of each and their relevant legal issues and cases. Several medical problems that overlap body systems—such as trauma, immune disorders, and pain—are also included, along with their legal ramifications. The book covers: ➤➤
A historical perspective
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The digestive system
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Human body systems: an overview
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The urinary system
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Diagnostic imaging
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The endocrine system
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The skeletal system
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The reproductive system
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The muscular system
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The integumentary system
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The nervous system
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Trauma
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The circulatory system
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Immune disorders
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The respiratory system
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Pain
NEW! 2012 864 pages 7 x 10, hardcover $199.95 (Regular) $179.95 (ABA Members) PC: 1620521 Available in ebook format
With more than 300 medical illustrations and photos, Clinical Anatomy for Lawyers is an important guide to understanding the medical issues facing your clients.
Truck Accident Litigation, Third Edition LAURA RUHL, ESQ., AND MARY K. DOOLEY-OWEN, EDITORS Combining the expertise of industry professionals, engineers, reconstructionists and litigators proficient in the trucking field, this comprehensive guidebook provides in-depth knowledge of both the trucking industry and legal issues pertinent to handling a commercial motor vehicle case. In addition to over-the-road vehicles, the book covers aspects of trucking that apply uniquely to vocational trucking (dump trucks, cement mixers, refuse trucks, snow plows, etc.). Topics addressed include: the business of trucking; loading and unloading; cranes and forklifts; cargo securement; on-board electronics; fatigue; Comprehensive Safety Analysis (CSA); analyzing truck component failures; inspections and maintenance; data collection, analysis, and the preservation of evidence; tires, wheels, and brakes; mirrors, visibility and conspicuity; and much, much more. OR VISIT OUR WEBSITE: WWW.SHOPABA.ORG
2012 400 pages 7x10 paper $149.95 (Regular) $135.95 (TIPS) PC: 5190480 Available in ebook format
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T R I A L P R A C T I C E / L I T I G AT I O N The Attorney-Client Privilege in Civil Litigation, Fifth Edition VINCENT S. WALKOWIAK, STEPHEN M. MCNABB, AND OSCAR REY RODRIGUEZ, EDITORS The Fifth Edition has been updated and expanded to include new revisions of the attorney-client privilege and work-product doctrine. Many of the previous chapters have been completely revised, and others have gone through a comprehensive rewrite providing full coverage of all topics in one single volume. 2011 770 pages 7x10 paper $149.95(Regular) $135.95 (TIPS) PC: 5190476 Available in ebook format
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This new edition is not merely a treatise on the subject; it is that and much more. Written for practitioners, it addresses the problems they face and offers solutions. Each chapter is written by authors with varied practices and offers the insights of the attorneys practicing in those areas. Attorney-client privilege continues to be a complex issue. The need for confidential communication in the corporate setting is greater than ever before. The latest edition focuses on: ➤➤
Guidance for corporate counsel
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Perspectives on the attorney-client privilege and the work-product doctrine
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Confidentiality and its relationship to the attorney-client privilege
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Hidden dangers for the exceptions to the attorney-client privilege
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Defining fair game in the e-discovery era and how to protect your client
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Communications between attorneys and putative class members
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Communications between related corporations
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Federal courts’ application of the work-product doctrine
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Protecting the attorney-client privilege during an internal investigation
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Contacting employees, former employees, and related witnesses
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Discovery of the non-testifying in-house expert assigned to litigation
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Loss of attorney-client privilege through inadvertent disclosure of privilege documents
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The perils of selective waiver of privilege
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Application to communications between insureds and insurance carriers
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Immunity in patent litigation
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Confidentiality in the reinsurance arena
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The joint defense privilege
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International scope and applications
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Application in insurance coverage litigation
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Attorney-client privilege and corporate communications TO ORDER CALL: 1-800-285-2221
T R I A L P R A C T I C E / L I T I G AT I O N Professional Responsibility in Litigation BY DOUGLAS R. RICHMOND, BRIAN E. FAUGHNAN, AND MICHAEL L. MATULA Trial and appellate lawyers face numerous challenges related to professional responsibility. These problems often arise suddenly or in circumstances that are at best difficult. The chapters of Professional Responsibility in Litigation are organized by tracing the life of a lawsuit from start to finish. The book begins with an examination of professional-responsibility issues attending pre-suit investigations and the initiation of litigation and concludes with a discussion of the professional responsibilities of appellate lawyers.
2011 806 pages 7 x 10 paper $119.95 (Regular) $105.95 (TIPS) PC: 5190471
Chapters cover: ➤➤
Pre-suit investigation
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Co-counsel and referral relationships
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Surreptitious investigations and discovery
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Receipt and release of confidential information
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Ethics of e-discovery
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Expert witness conflicts of interest
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False testimony
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Lawyers as witnesses, and much more
BY JAMES T. O’REILLY, JOLENE SOBOTKA, AND PHILIP HAGAN A Practitioner’s Guide to Hospital Liability begins with the foundation of how hospitals are organized, how their duty of care is established, and what the basics of a cause of action would be in litigation. Unusual cases of intentional acts such as assault and battery are covered, but most of the book deals with liability claims arising of out accidents and negligent acts. The elements of shared supervision and shared responsibility are thoroughly explained. Throughout the book, for the potential litigator will find factors to weigh when considering whether to go to trial. ISBN 978-1-61632-854-2
A Practitioner’s Guide to Hospital Liability
A Practitioner’s Guide to Hospital Liability
A Practitioner’s Guide to Hospital Liability James T. O’Reilly, JOlene sObOTka, and PhiliP hagan
Law Reference Price: $149.95 PC: 5190470
Visit us at www.ababooks.org
Specifics include: ➤➤
Assault and suicide claims
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Claims of civil battery
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Negligent failure to monitor patient’s condition
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Liability for infection
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Equipment failure, including medical device problems
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Drug-dispensing, medical, and laboratory errors
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Special nutrition issues, and much more
OR VISIT OUR WEBSITE: WWW.SHOPABA.ORG
2011 317 pages 6 x 9 paper $149.95 (Regular) $135.95 (TIPS) PC: 5190470
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T R I A L P R A C T I C E / L I T I G AT I O N A Practitioner’s Guide to Class Actions BY MARCY HOGAN GREER Complete with a state-by-state analysis of the ways in which the class action rules differ from the Federal Rule of Civil Procedure 23, this comprehensive guide provides practitioners with an understanding of the intricacies of a class action lawsuit. The book is divided into three parts: Anatomy of a class action, Special issues in class actions, and Jurisdictional survey of local requirements governing class actions.
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Included are discussions on:
2010 1354 pages 7 x 10 paper $299.95 (Regular) $275.95 (TIPS) PC: 5190453 Available in ebook format
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Precertification
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Ethical and practical issues of communications with members of a class
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Interlocutory appeals
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Settlements
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Claims administration
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The Class Action Fairness Act
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Bankruptcy and class actions
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Arbitration
A Practitioner’s Guide to Class Actions Supplement BY MARCY HOGAN GREER
SU PPL E M E N T
NEW! 2012 100 pages 7x10 paper $49.95 (Regular) $39.95 (TIPS) PC: 5190483 Available in ebook format
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Since the publication of A Practitioner’s Guide to Class Actions in the summer of 2010, there have been a number of significant developments in the area of class action law that have prompted a comprehensive supplement to the book. Last term, the U.S. Supreme Court handed down a number of key decisions, including Wal-Mart Stores, Inc. v. Dukes, Smith v. Bayer Corp., and Erica P. John Fund, Inc. v. Halliburton Co. The supplement addresses these decisions, as well as a number of groundbreaking developments throughout the federal and state courts. This book and supplement provides a comprehensive go-to guide to help navigate the intricacies of class actions, complete with a state-by-state analysis of the ways in which their class action rules differ from seminal Federal Rule of Civil Procedure 23.
TO ORDER CALL: 1-800-285-2221
T R I A L P R A C T I C E / L I T I G AT I O N
Product Liability BY ROBIN CANTOR Product liability is an increasingly complex area that poses significant challenges to corporate risk managers, policy makers, business advisors, and even consumers. In the past decade, national headlines have highlighted the unprecedented number of liability claims and extensive social upheaval caused by products that bring about serious unintended consequences for workers, consumers, and the environment. Given the potential financial losses from product liability, the business stakes are high, especially in the global economy. Product Liability presents business and policy advisory perspectives regarding a number of important issues that emerge from current and ever-changing legal and global market conditions. This book helps the reader navigate the complex web of risks and opportunities and offers strategies that minimize product liability under a range of regulatory and legal regimes.
2011 272 pages 7 x 10 paper $189.95 (Regular) $175.95 (TIPS) PC: 5190493
H OW D O I G E T T H E T I P S P R I C E ? JOIN THE SECTION! As a member, you will advance your career, grow your client base, develop necessary litigation and practice skills, further your networking opportunities, and have access to the latest legal developments—from the plaintiffs as well as the defense. You’ll also find CLE programs, comprehensive periodicals, discounts on our cutting-edge publications, and innovative online resources. TIPS is unique within the ABA and the legal community because of its focus on balance and diversity, bringing together plaintiff’s, defense, corporate, and in-house counsel to tackle issues confronting our profession. But what really makes TIPS unique is the colleagues with whom you will interact and, in many instances, become life-long friends and resources for your professional endeavors. Turn to the inside back cover for a membership application.
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T R I A L P R A C T I C E / L I T I G AT I O N
The Lawyer’s Guide to Lead Paint, Asbestos and Chinese Drywall Litigation ALAN KAMINSKY AND KAREN CAMPBELL, EDITORS
2010 205 pages 7 x 10 paper $99.95 (Regular) $85.95 (TIPS) PC: 5190451
Learn about the current issues affecting cases dealing with lead paint, asbestos, and Chinese drywall. Written from both the plaintiff’s and defense perspective, the guide presents the nuts and bolts of defending a case, a state-by-state summary for comparison, and thoughts on the future of each of these unique litigation issues. It also includes strategies for the defense when trying a case. The Lawyer’s Guide to Lead Paint, Asbestos and Chinese Drywall dissects each of the three subjects in detail. Find the history of cases, associated diseases, and the types of defendants that will play a role in the claim, as well as guidance on how to find expert witnesses to testify.
The Amicus Brief: How to Write It and Use It Effectively, Third Edition BY REAGAN WM. SIMPSON AND MARY R. VASALY
2010 278 pages 6 x 9 paper $129.95 (Regular) $110.00 (TIPS) PC: 5190450B
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The amicus brief, with roots in ancient Rome, precedes even the common law. But over the last 50 years, the role of the amicus brief has evolved and is now frequently being cited by the Supreme Court. This helpful publication provides complete information on writing and understanding amicus briefs. You’ll find practical suggestions on all aspects of amicus practice and numerous examples of well-crafted briefs. Topics in the book include how often amicus briefs are filed, who files and why, and how to file and respond.
TO ORDER CALL: 1-800-285-2221
T R I A L P R A C T I C E / L I T I G AT I O N
A Lawyer’s Guide to Dangerous Dogs Issues JOAN E. SCHAFFNER, EDITOR This book is the only source that discusses the handling of “dangerous dogs” by the law and private associations. Today, many dogs are deemed dangerous not because of the traits of the individual animal, but on account of their breed alone. The authors explain why breed discrimination is immoral, unfair, and ineffective. Progressive approaches to better handling reckless owners and their dogs and strategies for prosecuting and defending dangerous-dog cases are offered. Topics include an overview of ordinances targeting reckless owners, the concept of canine profiling, the constitutionality of breed-specific legislation, enforcing and defending dangerous-dog laws, and information on dangerous-dog registries and hearings.
2009 108 pages 6 x 9 paper $79.95 (Regular) $64.95 (TIPS) PC: 5190448
Powerful Deliberations: Putting It All Together for the Jury BY G. CHRISTOPHER RITTER Good trial lawyers know how to manage an effective—sometimes even artful—litigation process. Great trial lawyers know what it takes to win by “making their client’s version the truth.” In Powerful Deliberations: Putting It All Together for the Jury, G. Christopher Ritter distills the many lessons he has learned from working on hundreds of complex, high-profile civil and criminal cases to help you win at trial…what every client most values. Bringing together legal strategy, psychology, and persuasion theory, Ritter offers a fresh approach to trial preparation, one that focuses on how jurors learn, think, and deliberate. Ritter demonstrates how lawyers can turn jurors from neutral finders of fact into advocates for their client’s side. Whether a lawyer tries a few cases or many, and whether these cases are large or small, this book provides a trial-tested framework for building a stronger, more persuasive case.
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2009 201 pages 7 x 10 hardcover $199.95 (Regular) $184.95 (TIPS) PC: 5190445
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T R I A L P R A C T I C E / L I T I G AT I O N
Handling the Business Emergency: Temporary Restraining Orders and Preliminary Injunctions THOMAS E. PATTERSON, EDITOR
2009 614 pages 6 x 9 paper $129.95 (Regular) $99.95 (TIPS) PC: 5190443
When it comes to theft of trade secrets, infringement of trademarks or copyrights, breach of employee agreements and more, simple monetary settlements often fall short. When an employee steals your secret formula, or your treasurer is leaving the country with all your money, it’s a business emergency, and you are looking for more than a money judgment—it’s time for an injunction or a temporary restraining order (TRO). This extensive book explains the applicable standards of issuing TROs and injunctions and includes examples. The book provides step-by-step information on bonds and damages, the order itself, enforcement of injunctions and TROs, and the strategy and tactics of using them. Additionally, the book offers State Comparison Charts for injunctions and TROs, citing the differences in standards from state-to-state.
Litigating the Nursing Home Case BY JAMES T. O’REILLY The nursing homes of twenty-first-century America are lucrative investments largely because of their owners’ ability to control the consequences of misconduct or errors in patient care. Most homes do most tasks well, while others lag far behind. Cuts in Medicare and Medicaid drive down the rates of reimbursement payments for patients’ care, forcing the pragmatic accountants who run many nursing homes today into minimal compliance and minimal staffing. 2009 272 pages 6 x 9 paper $129.95 (Regular) $99.95 (TIPS) PC: 5190441
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Litigating the Nursing Home Case provides the step-by-step guidance needed to litigate such a case. James T. O’Reilly begins by examining the nursing home environment, the state of ownership and administration, and the responsibilities and liabilities of management, nurses, and physicians. This exhaustive reference examines liability issues, including ulcers and infection problems; fall-related injuries; wandering and escape issues; assault and abuse; patient restraints; drug problems; malnutrition, dehydration, and choking. The book provides detailed instruction regarding assembling a complaint, filing a motion, defenses, arbitration, trials, verdicts, settlements, and more.
TO ORDER CALL: 1-800-285-2221
T R I A L P R A C T I C E / L I T I G AT I O N
A Lawyer’s Guide to Understanding Earning Capacity Assessment and Earning Capacity Options BY STAN OWINGS Courts often need to determine the impact of an incident on the capacity of an individual to be employed and to earn wages. Rehabilitation counselors frequently are utilized in the legal field to provide this future earningcapacity assessment. In fact, this method of assessing earning capacity is the most acceptable one within the parameters of legal requirements developed by recent court decisions. A Lawyer’s Guide to Understanding Earning Capacity Assessment and Earning Capacity Options explains the basic concepts and identifies the considerations that go into determining earning capacity. In addition, the book provides a concise explanation of why rehabilitation counseling provides a legally sufficient basis for determining earning capacity. It takes into account the requirements placed on expert methodology by courts since the Daubert and Kumho decisions, which examined expert opinions not based on accepted methodology.
2009 208 pages 6 x 9 paper $134.95 (Regular) $109.95 (TIPS) PC: 5190442
Formulas for Calculating Damages BY MARK S. GURALNICK Formulas for Calculating Damages draws from the fields of law, accounting, economics, and statistics to provide a variety of formulas that help professionalize the practice of law, bolster the quality of advice provided to clients, and generate a more responsibly and skillfully presented case for damages. In 18 chapters, Formulas for Calculating Damages addresses basic rules and strategies—including calculating interest, measuring probability, the key rates of return, and financial ratios—and introduces the most fundamental formulas, then applies those formulas to the major practice specialties: personal injury and wrongful death, business cases, employment law, real estate, environmental law, bankruptcy, intellectual property, and family law. The last chapter provides a detailed examination of the retention of forensic experts and the rules for using them strategically.
2012 250 pages 6x9 paper $149.95 (Regular) $99.95 (TIPS) PC: 1620489 Available in ebook format
Mark S. Guralnick shows you how to use these formulas to add precision to your case work-ups, settlement demands, expert witness preparation and cross examination, and presentations to mediators, arbitrators, judges, and juries.
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T R I A L P R A C T I C E / L I T I G AT I O N
Property Insurance Litigator’s Handbook, Second Edition BY LEONARD E. MURPHY, ANDREW B. DOWNS, AND JAY M. LEVIN
NEW! 2013 500 pages 6x9 paper $189.95 (Regular) $175.95 (TIPS) PC: 5190493 Available in ebook format
Property insurance disputes make headlines when they are catastrophic in nature. Our society wants to see communities, businesses, and individuals rebuild, and insurance provides a great mechanism for risk management and rebuilding. However, for fundamental business and public policy reasons, certain losses are simply not covered by property insurance. When policyholders believe their loss is covered but the insurer disagrees, the parties may ultimately find themselves in litigation. Property Insurance Litigator’s Handbook, Second Edition, focuses on the fundamentals of how first-party property claims are litigated. The book begins with an overview of property insurance and a discussion of things that occur on a claim before the litigator receives the file. The writers then detail the process of drafting complaints, preparing answers and affirmative defenses, propounding discovery, seeking summary dismissal or judgment, and preparing for trial. The book concludes with a discussion of trial strategy and appeal. Throughout the book, you will find useful checklists and other helpful practice aids. This new edition features updated tables of authority, checklists, sample forms, letters, pleadings, and discussions. Property Insurance Litigator’s Handbook, Second Edition, is a valuable resource for:
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Experienced litigators who are new to the first-party arena
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Associates getting started in first-party property insurance litigation
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In-house counsel
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Other insurance professionals who can benefit from a working knowledge of the process of litigating a first-party property case
TO ORDER CALL: 1-800-285-2221
T R I A L P R A C T I C E / L I T I G AT I O N
A Complete Guide to Premises Security Litigation, Third Edition BY ALAN KAMINSKY As recently as the mid-1980s, personal injury actions against landlords for crimes committed within their buildings were practically unheard of. Yet today, these high-exposures cases constitute a large percentage of the caseloads of most state courts located in urban areas. A Complete Guide to Premises Security Litigation, Third Edition, offers insight into prosecuting and defending premises security cases and includes valuable strategies, techniques, and useful checklists. This step-by-step guide covers, but is not limited to: ➤➤
Pertinent background and statistical information about premises security claims
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Proper investigative techniques to ensure favorable results
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Strategies to help defend a premises security action
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Advice on when and how to choose security experts, criminologists, victimologists, police officers, psychiatrists, and engineers to support your claims
2008 380 pages 6 x 9 paper $129.99 (Regular) $89.99 (TIPS) PC: 5190433
Litigating the Aviation Case: From Pre-Trial to Closing Argument, Third Edition ANDREW J. HARAKAS, EDITOR
Product liability claims based on aviation crashes are extremely complex and challenging even for the most experienced litigators. These cases require large commitments of time and resources, and they demand expertise with aviation and engineering principles, coupled with detailed legal analysis. The guide includes advice from 40 experienced litigators on: ➤➤
Locating top sub-specialists
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Maximizing the effectiveness of evidence
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Presenting opening and closing statements
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Cross-examining witnesses
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Developing winning strategies
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2008 608 pages 7 x 10 paper $129.95 (Regular) $99.95 (TIPS) PC: 5190438
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T R I A L P R A C T I C E / L I T I G AT I O N
Wildlife Law: A Global Perspective RAJ PANJWANI, EDITOR It is no secret that the biodiversity of the planet is being lost at an unprecedented rate because of human activity. The laws that have been written worldwide relating to wildlife are diverse and varied, reflecting each country’s specific concerns regarding issues such as imports and exports, waste, mining, emerging industries, air and water pollution, and more.
2008 419 pages 6 x 9 paper $129.95 (Regular) $99.95 (TIPS) PC: 5190437
Wildlife Law: A Global Perspective presents a rich compilation of papers that allows a comparative study of the legislation enacted by different countries for the protection of wildlife and its habitat within their respective territories. It evaluates and puts together the various laws implementing the principle of “sustainable development,” particularly the “precautionary principle,” to achieve the objective of saving wildlife and its habitat.
Toxic Mold Litigation, Second Edition BY RAYMUND C. KING Toxic Mold Litigation, Second Edition, is a practical reference for lawyers and others who want to gain a common-sense understanding of the current legal issues affecting today’s brand of mold litigation. The book is not intended to be an exhaustive legal treatise on mold litigation but rather a practical “road map” for those who have limited experience in handling mold claims. The last chapter of the book contains forms, checklists, and copies of the actual petitions and orders from recent mold cases in the United States. 2008 349 pages 6 x 9 paper $125.00 (Regular) $105.00 (TIPS) PC: 5190397
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Topics Include: ➤➤
Introduction and history of toxic mold awareness
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Mold cases in the United States: An update of recent cases
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Assessing the mold claim and preparing for trial
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Update: The science behind mold litigation
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Mold and insurance coverage: The first-party policy and insurance adjusters
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Mold and insurance coverage: The third-party policy
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Update on mold and government regulation
TO ORDER CALL: 1-800-285-2221
T R I A L P R A C T I C E / L I T I G AT I O N
Superseding and Staying Judgments: A National Compendium ROGER D. TOWNSEND, EDITOR Superseding and Staying Judgments is a national compendium of the law of superseding and otherwise staying judgments in every jurisdiction in the United States. This exhaustive resource will assist lawyers, clients, and their insurers in obtaining fast, accurate, and practical advice about dealing with an adverse verdict or judgment, even from a distant jurisdiction. Beginning with the federal system and then turning to the state courts, the authors have collected cases, surveyed statutes, and reported the results of their experienced reading of the law. Many of the book’s circuit editors comprise a virtual who’s who in appellate law in the United States. Chapter authors were aligned with the states in their circuit to determine whether the federal practice in their circuit warranted special treatment. They also ensured uniformity of treatment, added their additional experience, and clarified concepts that might otherwise be confusing to the unfamiliar reader.
2007 500 pages 7 x 10 paper $104.95 (Regular) $89.95 (TIPS) PC: 5190407
Spoliation of Evidence: Sanctions and Remedies for Destruction of Evidence in Civil Litigation, Second Edition BY MARGARET M. KOESEL AND TRACEY L. TURNBULL DANIEL F. GOURASH, EDITOR Spoliation of evidence is an unfortunate reality of modern-day civil litigation. Whether representing parties to litigation or counseling clients who want to avoid litigation, at some point lawyers will face issues involving the destruction of evidence. Topics in the book include: ➤➤
The duty to preserve evidence
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The impact of document retention policies
➤➤
Remedies and sanctions for spoliation in pending litigation
➤➤
Independent causes of action for spoliation
➤➤
Criminal sanctions for spoliation
➤➤
Statutory record-keeping obligations
➤➤
The developing law of spoliation in state civil courts
➤➤
The developing law of spoliation in federal courts
➤➤
Electronic evidence
OR VISIT OUR WEBSITE: WWW.SHOPABA.ORG
2006 340 pages 6 x 9 paper $94.99 (Regular) $79.99 (TIPS) PC: 5190383
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T R I A L P R A C T I C E / L I T I G AT I O N
Creating Winning Trial Strategies and Graphics BY G. CHRISTOPHER RITTER This book and CD reveal how to create powerful graphics to strengthen a courtroom argument and maximize opportunities to persuade judges and juries in your favor. Topics include:
CD-ROM 2004 472 pages 7 x 10 paper + CD-ROM $199.00 (Regular) $184.00 (TIPS) PC: 5190378
➤
Persuasion
➤
Technology
➤
Jury deliberations
➤
Standard forms
➤
Information architecture
➤
Specialized graphics
➤
Evidence
➤
Hypothetical cases
Bonus! Includes hundreds of color samples of actual courtroom graphics and animations in text and on an accompanying CD-ROM!
The Spine at Trial BY JOSE KURI, MD, ED STAPLETON, JD, FRANK COSTILLA, JD, AND HETTIE ROLLINS ODABASHIAN
2002 488 pages 7 x 10 paper $165.00 (Regular) $145.00 (TIPS) PC: 5190351
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Packed with tips to simplify the unfamiliar territory of spinal and neck injuries, this book will sharpen your ability to persuade a judge or jury by increasing their understanding and retention of the facts. Created as an emperical reference for lawyers who don’t have an extensive medical background, this book fuses the expert advice of a neurosurgeon, two personal injury lawyers, and a medical researcher to cover the important issues, questions, and persuasive arguments applicable to a spinal injury case.
TO ORDER CALL: 1-800-285-2221
E M P L O Y M E N T L AW
ERISA Survey of Federal Circuits, 2012 Edition BROOKS R. MAGRATTEN, EDITOR Circuits can vary significantly in their approach to substantive and procedural ERISA issues. The 2012 edition of the ERISA Survey of Federal Circuits is revised and completely updated. Itis an excellent resource for the practitioner who needs to become acquainted quickly with the ERISA law of a particular circuit. A project of the Health and Disability Insurance Law Committee, the book addresses all the issues that frequently arise in the prosecution and defense of claims for ERISA-regulated benefits. The 2012 Edition of the ERISA Survey features: ➤➤
The latest developments in post-Glenn discovery
➤➤
Standards of review post-Glenn
➤➤
Evidentiary value of Social Security determinations
➤➤
Fee awards post-Hardt
➤➤
Subrogation actions post-Sereboff
➤➤
Circuit-by-circuit procedures for litigating ERISA claims
2012 597 pages 7x10 paper $159.95 (Regular) $145.95 (TIPS) PC: 5190475 Available in ebook format
Litigating the Workplace Harassment Case MARLENE HEYSER, EDITOR Over the past few years, courts have recognized harassment based on criteria extending beyond sexual harassment in the workplace. As a result, litigation in this area has increased and expanded to include all protected who are under the Title VII of the 1964 Civil Rights Act. Litigating the Workplace Harassment Case provides a comprehensive look at litigation and settlement strategies for such cases. Other detailed information includes: ➤➤
EEOC’s role in litigation and dispute resolution
➤➤
Responding to a charge or complaint
➤➤
Role of jury science
➤➤
Defending the alleged harasser
➤➤
Multi-plaintiff litigation
➤➤
Religious discrimination
OR VISIT OUR WEBSITE: WWW.SHOPABA.ORG
BEST SELLER 2010 658 pages 7 x 10 paper $189.95 (Regular) $175.95 (TIPS) PC: 5190452 Available in ebook format
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TM R IPALLOPYRMAECNT TI CLEAW / L I T I G AT I O N E
Investigating the Workplace Harassment Claim BY BETH K. WHITTENBURY
NEW! 2013 172 pages 7 x 10 paper $139.95 (Regular) $125.95 (TIPS) PC: 5190486 Available in ebook format
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Investigating the Workplace Harassment Claim, provides a step-by- step guide to undertaking harassment investigations. This book includes in-depth legal analysis well supported by legal citations and suggests best practices in unsettled areas of relevant law. From understanding when the duty to investigate arises to writing the final investigation report, this book covers all aspects essential to conducting a thorough and timely investigation. The book provides a useful guide to issues that must be addressed preliminary to the investigation as well as pitfalls to avoid during the investigation process. Useful forms are included, and sample documents provide readers with a hands-on approach to this important topic. Specifics include: ➤➤
A thorough step-by-step guide to conducting investigations, complete with useful forms and sample documents
➤➤
In-depth legal analysis of unsettled issues as well as suggestions for best practices
➤➤
Explanations of the relevant law helpful to managers, lawyers, attorney investigators, HR professionals, and private investigators.
TO ORDER CALL: 1-800-285-2221
T R I A L P R AECMT P I CL EO/YL M I T EI G ON NAT T LI AW
The Practitioner’s Guide to Defense of EPL Claims, Third Edition BY AMY WILSON, EDITOR Employment Practices Liability (EPL) insurance is a growing phenomenon in the insurance industry. The Practitioner’s Guide to Defense of EPL Claims is a unique and invaluable tool for the employment litigator and others interested in that practice area. The contributing authors are all experts in the fields they address, and the compilation, expansive in scope, is readerfriendly and a valuable asset to the practitioner.
NEW!
Topics include: ➤➤
Claims under other insurance, including CGL and D&O
➤➤
Insurability of intentional conduct & punitive damages
➤➤
Investigating EPL claims
➤➤
Pleading strategies, affirmative defenses, and burdens of proof
➤➤
Use and misuse of statistics
➤➤
Emotional injury
➤➤
Back pay, front pay, compensatory and punitive damages
➤➤
Litigating EPL insurance claims
➤➤
Settlement issues
➤➤
Mediation and releases
➤➤
Ethical issues
OR VISIT OUR WEBSITE: WWW.SHOPABA.ORG
2013 500 pages 7x10 $189.95 (Regular) $175.95 (TIPS) PC: 5190492 Available in ebook format
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T I CSE U / LRIETTI G ION FR I DI A E LLI TPYR A ACNTD Y AT L AW Contract Bond Surety’s Subrogation Rights GEORGE J. BACHRACH, JAMES D. FERRUCCI, AND DENNIS J. BARTLETT, EDITORS
NEW! 2013 768 pages 7 x 10 paper $189.95 (Regular) $175.95 (TIPS) PC: 5190494
This detailed and comprehensive book addresses the contract bond surety’s subrogation rights. The book flows from the general principles and required elements of the surety’s subrogation rights to the application of those rights in specific situations. The chapters address: (a) the basic issues and rights of the contract bond surety’s asserting its common law right to equitable subrogation, the treatment of the contract bond surety’s subrogation rights in the Restatement of the Law (third) Suretyship & Guaranty, and the parties’ rights to which the surety may assert its subrogation rights (Chapters 1-3); (b) the necessity of the principal’s default, the surety’s performance upon the principal’s default, and the surety’s notice of the assertion of its subrogation rights (Chapters 4-6); (c) the surety’s assertion of its subrogation rights to the bonded contract funds and other property in competition with the obligee, the principal, the principal’s subcontractors and suppliers, assignees/lenders, trustees and debtors in bankruptcy, taxing authorities and other governmental lien creditors, and the principal’s general and judgment creditors (Chapters 7-13); and (d) the surety’s subrogation rights to the obligee’s and principal’s common law and contractual setoff rights, the many issues involving the surety’s subrogation rights and claims against the federal government (including jurisdictional and substantive issues), and the surety’s assertion of its subrogation rights against third parties such as design professionals, lenders, insurers and others (Chapters 14-16). This book is essential for both sureties and any other parties and their counsel competing with the surety for the bonded contract funds and other property.
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TO ORDER CALL: 1-800-285-2221
T RF II A I CDE / T IEG ATLI AW ON D LE LPI TRYA CATN S LUI R TY Bond Default Manual, Third Edition DUNCAN L. CLORE, RICHARD E. TOWLE, AND MICHAEL J. SUGAR, JR., EDITORS The third edition of Bond Default Manual is substantially broadened and revised. This comprehensive book furnishes the basic information and techniques involved in performance bond claims handling. Content includes: ➤➤
Bond, contractual, and statutory provisions
➤➤
The surety’s investigation
➤➤
The surety’s analysis of investigative results
➤➤
Financing the principal
➤➤
Takeover and completion
➤➤
Tender
➤➤
Completion by obligee
➤➤
Insurance coverages
➤➤
Ethical considerations
➤➤
Salvage/subrogation rights
2005 784 pages 6 x 9 paper w/CD-ROM $94.95 (Regular) $79.95 (TIPS) PC: 5190385
Managing and Litigating the Complex Surety Case, Second Edition PHILIP L. BRUNER AND TRACEY L. HALEY, EDITORS This publication addresses many of the most sophisticated issues that arise in the preparation for and trial of the “mega“ construction surety case—a case that routinely involves multiple parties, multiple project locations, multiple claimants, multiple sources for “salvage,“ multiple forums for dispute resolution, and a host of technical engineering, accounting, and construction issues. Truly a complete resource on the subject, everything is covered, from evaluating a surety’s performance bond exposure right up through trial proceedings and post-hearing motions and appeals. This book is a must for all surety claims representatives and surety trial lawyers.
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2007 750 pages 6 x 9 paper $99.95 (Regular) $84.95 (TIPS) PC: 5190406
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T I CSE U / LRIETTI G ION FR I DI A E LLI TPYR A ACNTD Y AT L AW
The Construction Project MARIANNE SUSONG AND MARILYN KLINGER, EDITORS Gain an overview of construction projects through a step-by-step primer to understand the flow of a construction project from the initial design through the final project “close out” in The Construction Project. The book focuses on providing a clear understanding of the people, terms, phases, paperwork, and processes involved in a complex bonded construction project and serves as a handy resource for anyone approaching a construction project for the first time. 2006 348 pages 6 x 9 paper $89.95 (Regular) $79.95 (TIPS) PC: 5190396
CGL/Builder’s Risk Monograph BY MATTHEW HOROWITZ, LAWRENCE LERNER, PATRICK J. O’CONNOR, JR., AND DAVID C. OLSON
2004 96 pages 7 x 10 paper $59.95 (Regular) $44.95 (TIPS) PC: 5190362
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The intended audience for this resource is surety claims representatives and others involved in surety claims who may lack a sophisticated knowledge of insurance coverage issues. A general overview of the differences between surety bonds and insurance coverages, the types of insurance coverages that typically cover construction-related losses, and the contexts in which these coverages may overlap are all included.
TO ORDER CALL: 1-800-285-2221
F I D E L I T Y A N D S U R E T Y L AW
The Law of Payment Bonds, Second Edition KEVIN L. LYBECK, WAYNE D. LAMBERT, AND JOHN E. SEBASTIAN, EDITORS The Law of Payment Bonds, Second Edition, is an expanded update of the first edition, providing a current and more comprehensive analysis of the law related to all forms of payment bonds, whether they are issued pursuant to federal or state law or represent common law private bonds. The fifteen chapters of the book address all aspects of payment bonds, including their basic nature and purpose, what they cover, who is entitled to coverage under such bonds, how a payment claim is made and supported, and sureties’ defenses to claims. The book further explores various adjudicative issues involving arbitrations and lawsuits, such as venue, jurisdiction, proof requirements, and limitations. Additional topics in the book include bankruptcy and extra-contractual considerations as well as a wide range of miscellaneous issues. Together with the Payment Bond Manual, Third Edition, this book is an indispensable reference for surety and construction practitioners, as well as for general practitioners who are involved with surety payment bond claims.
2011 350 pages 8 1/ 2 x 11 paper $149.95 (Regular) $135.95 (TIPS) PC: 5190472
Payment Bond Manual, Third Edition WAYNE D. LAMBERT, TODD R. BRAGGINS, AND J. BLAKE WILCOX, EDITORS Payment Bond Manual, Third Edition, provides the reader with a basic primer on payment bond law for each of the 50 United States, as well as the territory of Puerto Rico, the District of Columbia, and Federal Miller Act payment bonds. Each chapter contains brief descriptions of the statutes and case law relevant to each jurisdiction and is intended to offer a basic understanding of payment bond law for both surety company claims representatives and practitioners. For almost every jurisdiction, the Payment Bond Manual covers a brief synopsis of the law broken down into various subsections, which is then followed by the statutory citation and the relevant statutory excerpts that support the statement of the law.
OR VISIT OUR WEBSITE: WWW.SHOPABA.ORG
2006 644 pages 6 x 9 paper $89.95 (Regular) $79.95 (TIPS) PC: 5190395
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T I CSE U / LRIETTI G ION FR I DI A E LLI TPYR A ACNTD Y AT L AW The Surety and Bankruptcy J. BLAKE WILCOX, STEVEN H. RITTMASTER, AND ALBERTA “ALI” L. ADAMS, EDITORS Bankruptcy may be intimidating for surety professionals, and with adequate reason—venturing into this area unprepared can be costly. The Surety and Bankruptcy helps demystify the process with chapters which are sequenced as a bankruptcy normally progresses, from the first days of filing through the Chapter 11 plan confirmation process. Chapters cover: 2010 320 pages 6 x 9 paper $120.95 (Regular) $99.95 (TIPS) PC: 5190454
➤➤
A primer on bankruptcy
➤➤
Rights to contract balances
➤➤
Post-petition financing and extensions
➤➤
Bond cancellation and renewals
➤➤
Third-party claims
➤➤
Minimizing the impact of the principal’s bankruptcy
The Surety’s Indemnity Agreement: Law and Practice, Second Edition MARILYN KLINGER, GEORGE J. BACHRACH, AND TRACEY L. HALEY, EDITORS
2008 665 pages 6 x 9 paper $129.95 (Regular) $99.95 (TIPS) PC: 5190434
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This book delves into the legal analysis of the surety’s rights under the Indemnity Agreement, and the attached appendices cite numerous cases organized by each state or jurisdiction, as well as published and unpublished papers that concern the development and analysis of the surety’s rights under the Indemnity Agreement.
TO ORDER CALL: 1-800-285-2221
T RF II A I CDE / T IEG ATLI AW ON D LE LPI TRYA CATN S LUI R TY Financial Institution Bonds, Third Edition DUNCAN L. CLORE, EDITOR The third edition of Financial Institution Bonds represents the most comprehensive analysis available since the financial institution bond’s adoption in 1986. Topics included in this valuable reference: ➤➤
A brief history of the financial institution bond
➤➤
Who is a covered “employee” under the financial institution bond
➤➤
Discovery of loss: the contractual predicate to the claim
➤➤
Forgery or alteration
➤➤
The loan exclusion
➤➤
Salvage
➤➤
The potential income and other exclusions
➤➤
An insured’s guide to effective claims investigation, presentation, and resolution
➤➤
Litigation strategies from the insured’s and insurer’s viewpoints
➤➤
A set of current and predecessor bond forms for ease of reference to readers
2008 1033 pages 6 x 9 paper $129.95 (Regular) $99.95 (TIPS) PC: 5190440
Annotated Financial Institution Bond, Second Edition MICHAEL KEELEY, EDITOR Fidelity bond claims are as prevalent as ever. With the sophistication of computer technology, it has become easier to counterfeit and create fraudulent and forged documents. This, along with the increase in electronic commerce, has bred a new type of electronic thief, generating other types of bond claims. Every case construing the relevant provisions of the standard form Financial Institution Bond is annotated in this book. For ease of reference, the annotations are organized into chapters and sections following the outline of the bond, with preliminary chapters addressing the history of the bond, issues of policy construction and interpretation, and the important concepts of loss and causation. In addition to concise annotations, each section also includes a comprehensive list of secondary sources.
OR VISIT OUR WEBSITE: WWW.SHOPABA.ORG
2004 760 pages 8-1/2 x 10 3-ring binder $104.95 (Regular) $89.95 (TIPS) PC: 5190361
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T I CSE U / LRIETTI G ION FR I DI A E LLI TPYR A ACNTD Y AT L AW Loan Loss Coverage Under Financial Institution Bonds GILBERT J. SCHROEDER AND JOHN J. TOMAINE, EDITORS This publication focuses on the often complex issues involved in loan loss claims and presents a comprehensive analysis of coverage for loan losses under financial institution bonds. Particular emphasis has been given to the practical and ethical issues confronting insurers, their counsel, and consultants when investigating, litigating, and resolving loan loss claims. 2007 720 pages 6 x 9 paper $129.95 (Regular) $99.95 (TIPS) PC: 5190410
Written by experienced fidelity bond specialists, this book provides an indepth analysis of: ➤➤
Relevant insuring agreements
➤➤
Riders, and exclusions, as well as a detailed analysis regarding specific types of loan loss claims, issues related to the investigation of loan loss claims and related ethical issues, loss calculation and accounting issues, and the use of experts.
This book is a must-have for anyone dealing with loan loss claims under financial institution bonds.
Commercial Crime Policy, Second Edition RANDALL I. MARMOR AND JOHN J. TOMAINE, EDITORS Commercial Crime Policy, Second Edition, is the most comprehensive analysis available on the law of commercial crime insurance. Written by experienced fidelity industry specialists, this publication provides a complete textual analysis of significant developments in the law affecting fidelity policies and discusses important changes in policy forms. It is an essential resource for fidelity professionals, practitioners, and anyone concerned with the nature and scope of insurance covering fraud in the workplace. 2004 730 pages 6 x 9 paper $104.95 (Regular) $89.95 (TIPS) PC: 5190381
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Contents include: ➤➤
Interpretation and construction of the commercial crime policy
➤➤
The compensability of third-party losses
➤➤
Discovery – what is it, what does it do, and who must discover
➤➤
Exclusions in the Commercial Crime Policy
➤➤
Salvage and recovery
➤➤
Insured’s duty to cooperate
➤➤
And much more!
TO ORDER CALL: 1-800-285-2221
T RF II A I CDE / T IEG ATLI AW ON D LE LPI TRYA CATN S LUI R TY Annotated Commercial Crime Policy, Second Edition COLE S. KAIN AND LANA M. GLOVACH, EDITORS The second edition annotates every case construing the relevant provisions of the various standard forms of commercial crime policies. For ease of reference, the annotations are organized into chapters following the outline of a “standard” form of bond. The preliminary chapters address the history of commercial fidelity coverage, policy construction and interpretation, and loss and causation. Each chapter begins with the quotation of a relevant bond provision, followed by author comment. When appropriate, the authors note differences between the quoted bond form and other forms that are available in the marketplace. ➤➤
The United States Supreme Court
➤➤
The United States Circuit Courts of Appeal (organized by circuit)
➤➤
The United States District Courts (organized alphabetically)
➤➤
State courts (organized alphabetically and by highest to lowest court)
2006 750 pages 6 x 9 paper $99.95 (Regular) $84.95 (TIPS) PC: 5190404
Handling Fidelity Bond Claims, Second Edition MICHAEL KEELEY AND SEAN DUFFY, EDITORS Handling Fidelity Bond Claims, Second Edition, is a valuable reference tool from the TIPS Fidelity & Surety Law Committee. It offers a comprehensive guide to this specialized area of law. Whether you are handling your first fidelity bond claim or have made your career doing so, you will appreciate the wealth of information focusing on the practical issues confronting insureds and insurers in the submission, investigation, and resolution of claims.
OR VISIT OUR WEBSITE: WWW.SHOPABA.ORG
2005 786 pages 6 x 9 paper $104.95 (Regular) $89.95 (TIPS) PC: 5190387
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T I CSE U / LRIETTI G ION FR I DI A E LLI TPYR A ACNTD Y AT L AW The Law of Commercial Surety and Miscellaneous Bonds, Second Edition BRUCE CHARLES KING, RICHARD E. TOWLE, SAMUEL J. ARENA, JR., AND SAM H. POTEET, JR., EDITORS
2012 500 pages 6x9 paper $169.95 (Regular) $155.95 (TIPS) PC: 5190481
The Law of Commercial Surety and Miscellaneous Bonds, Second Edition, is an expanded update of the First Edition, providing a current and more comprehensive analysis of the law relating to commercial and miscellaneous bonds. The twenty chapters of the book address the various types of commercial surety and miscellaneous bonds, including their basic nature and purpose, what they cover, who is entitled to coverage under such bonds, and sureties’ defenses to claims under such bonds. Each chapter covers a different type of commercial surety or miscellaneous bond. In addition, the book devotes an entire chapter to the commercial surety’s collateral in a principal’s bankruptcy case. In order to facilitate the use of this book as a reference source, a detailed table of contents sets forth the various topics addressed by each chapter. This book is an indispensable reference tool for experienced and entry-level claim professionals and practitioners, as well as for general practitioners who can use this publication as an initial source from which to learn this complex area of law.
Performance Bond Manual of the 50 States, District of Columbia, Puerto Rico, and Federal Jurisdictions LAWRENCE LERNER AND THEODORE M. BAUM, EDITORS
2006 647 pages 7 x 10 paper $99.95 (Regular) $89.95 (TIPS) PC: 5190389
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Performance Bond Manual examines the statutes and case law concerning performance bonds for each of the 50 United States, plus the territory of Puerto Rico, the District of Columbia, and Federal Miller Act performance bonds. Each section provides an overview of the particular jurisdiction and is laid out in a standardized format. This book is intended to provide the surety claims representative and the practitioner with a broad-brush understanding of the law of performance bonds in a particular jurisdiction.
TO ORDER CALL: 1-800-285-2221
T RF II A I CDE / T IEG ATLI AW ON D LE LPI TRYA CATN S LUI R TY The Law of Motor Vehicle Dealer Bonds WILLIAM A. DOWNING, LISA JENNINGS-BAROUN, JAMES S. KREAMER, AND AARON C. MCKEE, EDITORS Use this reference as a thorough analysis of the law of motor vehicle dealer (MVD) bonds. The first section discusses common claims, defenses, and strategies generally applicable to MVD bond claims, regardless of the jurisdiction. The second section provides a detailed analysis of the applicable law and particular nuances for each state, and the last section, which covers “Quick Hits,” provides a convenient reference to important information for a particular state, such as the statute requiring the bond. Also included is the Web address for the Department of Motor Vehicles in each state, to provide additional information and resources for handling these claims.
2006 296 pages + CD-ROM 6 x 9 paper $94.95 (Regular) $79.95 (TIPS) PC: 5190393
The book comes with a CD-ROM that includes every statute and case citation, to allow the reader to read the entire cited reference with a click of the mouse.
The Law of Performance Bonds, Second Edition LAWRENCE R. MOELMANN, MATTHEW M. HOROWITZ, AND KEVIN L. LYBECK, EDITORS Written for the experienced and novice practitioner alike, the second edition of The Law of Performance Bonds covers the major issues relating to the Performance Bond. The book is almost twice the size of the previous edition and begins by discussing the fundamentals of a suretyship relationship and how it is created. All issues pertaining to a default situation are analyzed, including what constitutes a default, notice requirements, and the rights of a surety upon default. Extended treatment is given to the surety’s rights, obligations, and defenses under many commonly used performance bond forms, including the AIA-A311 and AIA-A312 Performance Bonds, Miller Act performance bonds, and defeasance bonds.
OR VISIT OUR WEBSITE: WWW.SHOPABA.ORG
2009 898 pages 6x9 paper $129.95 (Regular) $99.95 (TIPS) PC: 5190446
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T I CSE U / LRIETTI G ION FR I DI A E LLI TPYR A ACNTD Y AT L AW The Restatement of Suretyship and Guaranty: A Translation for the Practitioner T. SCOTT LEO AND DAVID MUNGALL, JR., EDITORS This book provides a clear discussion and outline of how the Restatement rules and commentary may impact the everyday surety law practitioner and surety company representative. Content includes: 2005 192 pages 6 x 9 paper $104.95 (Regular) $89.95 (TIPS) PC: 5190382
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➤➤
Origin and overview of the restatement project
➤➤
The duties of the principal to the surety and the surety’s rights
➤➤
The surety’s rights of restitution and subrogration — setoff principles under the Restatement of the Law, Suretyship and Guaranty
➤➤
Suretyship defenses
➤➤
The effect on surety of obligee’s release of principal: A critical look at the rules in the Restatement
➤➤
Finding the duties of the obligee in the Restatement
➤➤
Multiple secondary obligors; cosuretyship and subsuretyship under the Restatment of the Law (Third), Suretyship and Guaranty
➤➤
The statute of limitations, the effect of judgments in actions between the parties, legally mandated bonds, and miscellaneous provisions
TO ORDER CALL: 1-800-285-2221
PROFESSIONAL LIABILITY
LITIGATION
Directors & Officers Liability Insurance Deskbook, Third Edition BY MICHAEL R. DAVISSON, MARTIN J. O’LEARY, ERIC C. SCHEINER, EDWARD G. SMERDON, AND JOSEPH M. SMICK Be it by enhancements or restrictions, the scope of D&O policy coverage has reflected the corporate events of the time – most frequently as outlined in case decisions interpreting the policy. Topics Include: ➤➤
Policy issuance
➤➤
Insuring agreements
➤➤
Trigger and scope of coverage
➤➤
Defense obligations
➤➤
Policy limits, retentions, and exclusions
➤➤
Settlement
➤➤
Allocation
➤➤
Policy termination and nonrenewability
➤➤
Coverage litigation issues
➤➤
Recent developments in D&O liability abroad
2011 300 pages 7 x 10 paper $199.95 (Regular) $185.95 (TIPS) PC: 5190473 Available in ebook format
Professional Liability to Third Parties, Second Edition BY JAY M. FEINMAN Outlines of the doctrines that are applied in third-party liability cases and analysis of the factual settings that give rise to them are offered in Professional Liability to Third Parties, Second Edition. In addition to describing the state of the law, the book examines argument strategies for expanding or limiting liability — information that is not available elsewhere. Comprehensive in scope, this convenient source: ➤➤
Provides an introduction to third-party liability and assists in drawing connections among cases of different types, suggesting cases for which there is little or no direct authority
➤➤
Outlines the different approaches of a third-party case
➤➤
Gives a clear understanding of the doctrines applied in third-party cases: privity and near-privity, third-party beneficiary, negligence, and negligent misrepresentation
➤➤
Includes applications of the law in different subject areas, including which doctrines are used and how they are applied
OR VISIT OUR WEBSITE: WWW.SHOPABA.ORG
2007 403 pages 6 x 9 paper $104.95 (Regular) $89.95 (TIPS) PC: 5190403
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T RY IN NSTUERL A L ENCCTE UI N AD L UPSR O PR E ERGTU YL AT I O N
Intellectual Property Law and Litigation: Practical and Irreverent Insights BY EDWARD F. O’CONNOR
2009 333 pages 7 x 10 paper $119.95 (Regular) $84.95 (TIPS) PC: 5190447
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This irreverent but amusing and informative book is a combination of actual courtroom experiences and discussion of intellectual property law and litigation principles. It is written for intellectual property practitioners including prosecutors and litigators, in-house corporate counsel, and people in business who may not actually practice intellectual property litigation but who employ intellectual property litigators. In short, anyone who needs to be conversant with the fundamental principles and language of intellectual property law will benefit from – and enjoy – this book.
TO ORDER CALL: 1-800-285-2221
I N S U R A N C E I N D U S T RY R E G U L AT I O N
LITIGATION
Environmental Liability and Insurance Recovery DAVID L. GUEVARA, PH.D. AND FRANK DEVEAU, EDITORS Environmental Liability and Insurance Recovery is for the lawyer whose practice lies at the point where two areas of the legal profession—environmental law and insurance law—intersect. These areas of the law demand the mastery of an intricately involved set of concepts, definitions, rules, and regulations, all of which are continuously developing. Insightful clarification on the topic is provided, as well as the subset of the legal issues at the crossroads of environmental law and insurance law, namely, the many ways in which a party may be exposed to environmental liability and how insurance coverage may provide financial support for such liability. Topics covered include: ➤➤
Statutory Liability, related to: CERCLA, the Resource Conservation & Recovery Act, clean air and clean water acts
➤➤
Tort Liability including nuisance, trespass, negligence, and strict liability
➤➤
The General Liability Policy
➤➤
Policy exclusions and defenses to coverage
➤➤
Environmental impairment liability insurance
OR VISIT OUR WEBSITE: WWW.SHOPABA.ORG
NEW! 2012 300 pages 6x9 paper $169.95 (Regular) $155.95 (TIPS) PC: 5190479 Available in ebook format
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I N S U R A N C E I N D U S T RY R E G U L AT I O N Climate Change and Insurance BY CHRISTINA M. CARROLL, J. RANDOLPH EVANS, LINDENE E. PATTON, AND JOANNE L. ZIMOLZAK
NEW! 2012 238 pages 6 x 9 paper $129.95 (Regular) $115.95 (TIPS) PC: 5190484 Available in ebook format
Climate change has become a significant issue in scientific, political, and legal circles, and this may have profound implications for the insurance industry. More frequent catastrophic events such as floods, droughts, fires, and hurricanes, whether or not attributable to climate change, challenge the insurance industry’s ability to measure and predict risk. Climate Change and Insurance is the first publication of its kind and the definitive resource for anyone seeking to understand the complex risks and opportunities associated with climate change and its potential impacts on the insurance industry. Climate Change and Insurance delves deeply into the issues surrounding both current and emerging legal aspects. The book extensively covers the topic, including: ➤➤
Overview of climate change and insurance issues
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Background on climate change, global warming, and greenhouse gases
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Climate change as an emerging risk
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Greenhouse gas–related regulation
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Existing and emerging climate change related litigation
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Related issues such as sustainability, greenwashing, and greenbuilding
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Intersection of climate change and insurance
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Implications for commercial general liability (CGL), directors and officers (D&O), environmental liability, professional liability, and renewable energy–related policies
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Potential claims liability and potential exposure drivers
Offering a wealth of information and practical insights, Climate Change and Insurance is a must-have reference for understanding and managing the potential impacts of climate change on insurers, the companies they insure, and other key stakeholders. Chapters include, but are not limited to: ➤➤ Definitions and Comparisons of Commonly Used Titles ➤➤ Common Provisions ➤➤ Hold Harmless and Indemnification Agreements ➤➤ Memorializing Status ➤➤ Development of Common Endorsements ➤➤ Subrogation and Anti-Subrogation ➤➤ Limits Issues
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TO ORDER CALL: 1-800-285-2221
I N S U R A N C E I N D U S T RY R E G U L AT I O N
LITIGATION
The Reference Handbook on the Commercial General Liability Policy TIPS INSURANCE COVERAGE LITIGATION COMMITTEE In the commercial insurance industry, the Commercial General Liability (CGL) policy is the most prevalent product. CGL policies are the most common form of liability insurance purchased by both public and private sectors throughout the United States. And CGL policies are the most litigated insurance product in the marketplace. CGL policies provide the insured with the broadest spectrum of protection and, most importantly, they transfer to the insurer the risk of all liabilities for unintentional and unexpected personal injury or property damage arising out of the conduct of the insured’s business. The Reference Handbook on the Commercial General Liability Policy provides concise overviews of the most salient points of CGL policies including: ➤➤
The insuring agreement
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Who is the insured?
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Insured injuries
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Occurrence
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Damages
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Conditions
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Principal and business risk exclusions
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Duty to defend
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Bad faith, and much more
OR VISIT OUR WEBSITE: WWW.SHOPABA.ORG
BEST SELLER 2010 455 pages 7 x 10 paper $129.95 (Regular) $115.95 (TIPS) PC: 5190463 Available in ebook format
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I N S U R A N C E I N D U S T RY R E G U L AT I O N The Handbook on Additional Insureds TIMOTHY A. DIEMAND, JOSEPH G. GRASSO, MICHAEL MENAPACE, AND CHARLES PLATTO, EDITORS
2012 394 pages 7x10 paper $169.95 (Regular) $155.95 (TIPS) PC: 5190477 Available in ebook format
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The fundamental purpose of additional insured coverage is to protect the additional insured from claims of vicarious liability, that is, liability based entirely on the relationship between two insureds, as opposed to any active negligence on the part of the additional insured. The contours, exceptions, nuances, and alternative approaches taken across the country and internationally have created the need for an all-inclusive resource for lawyers. The Handbook on Additional Insureds serves as that resource by addressing all aspects practitioners are faced with when dealing with this complex coverage. Chapters include, but are not limited to: ➤➤
Definitions and comparisons of commonly used titles
➤➤
Common provisions
➤➤
Hold harmless and indemnification agreements
➤➤
Memorializing status
➤➤
Development of common endorsements
➤➤
Subrogation and anti-subrogation
➤➤
Limits issues
TO ORDER CALL: 1-800-285-2221
I N S U R A N C E I N D U S T RY R E G U L AT I O N
LITIGATION
JOSEPH M. HAMILTON, EDITOR Insurers have a right to require that those applying for insurance truthfully answer all questions contained in their application. But what happens when an application for life, health, or disability insurance contains misrepresentations or intentional concealment? ISBN: 978-1-60442-TBD
Law Reference Price: $129.95 PC: 5190444
Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey
Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey
Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey J O S E P H H A M I LTO N , E D I TO R
Visit us at www.ababooks.org
Printed in the U.S.A.
Practitioners in the area of life, health, and disability insurance will consult this book for information on misrepresentations in applications as well as the applicable case law interpreting relevant statutes and developing the common law regarding misrepresentations. Whether you represent insurers or insureds, the book covers the full gamut of issues arising in the application process, including what constitutes a misrepresentation, how a policy is appropriately rescinded, and the defenses that may be raised to contest a decision to rescind a policy.
OR VISIT OUR WEBSITE: WWW.SHOPABA.ORG
2009 560 pages 7 x 10 paper $129.95 (Regular) $99.95 (TIPS) PC: 5190444
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I N S U R A N C E I N D U S T RY R E G U L AT I O N Annotations to Surplus Lines Statutes, Fifth Edition The fifth edition of Annotations to Surplus Lines Statutes is the most comprehensive analysis of surplus lines statutes available. It provides lawyers with a concise, single-volume reference which covers state surplus lines statutes, their amendments, and regulations promulgated for all 50 states, the District of Columbia, Puerto Rico, and the Virgin Islands. Contents include: 2010 210 pages 7 x 10 paper $79.95 (Regular) $69.95 (TIPS) PC: 5190456
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Approval requirements
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Eligibility lists
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Coverage eligibility
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Filing and tax requirements
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Independent procurement as an alternative to the surplus lines law
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Service of process
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Surplus line association and stamping office information
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Policy issuance requirements
➤➤
Producer licensing
TO ORDER CALL: 1-800-285-2221
TIPS MEMBERSHIP Focus your ABA membership on your specific practice with a Section membership in the Tort Trial and Insurance Practice Section (TIPS). Whether you are a trial lawyer for plaintiff or defense, or counsel involved in insurance work, you will find that TIPS membership provides you with information, ideas, strategies, and contacts that will help enhance your career goals. As a member you will: ➤➤
Advance your career and get information on all sides of the issues. TIPS is the only national professional group that brings together plaintiffs’ lawyers, defense lawyers, and insurance and corporate counsel.
➤➤
Stay ahead of the curve with concise, comprehensive, and easy-to-read quarterly publications on trial tactics and developing areas of tort and insurance law.
➤➤
Tap into expert advice on day-to-day issues affecting your practice.
➤➤
Sharpen your skills with up-to-date, specialized CLE programs, on site and via teleconferences.
➤➤
Be the first to have the most current information on breaking news, recent cases, and articles through our electronic magazine, e-Dicta, and committee online newsletters.
If you are not yet a member of TIPS, gain a professional advantage and join for just $50.00 for ABA members. To become a member, fill out and mail in the application below, or call 1-800-285-2221 for more information. Yes, I want to join the Tort Trial & Insurance Practice Section of the ABA. I enclose annual membership dues of:
$50.00 for ABA lawyer or associate members FREE for law students and sitting judges who are members of the Judicial Division $60.00 Joint membership in TIPS and the Government and Public Sector Lawyers Division
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MAIL TO: American Bar Association Tort Trial & Insurance Practice Section 321 N. Clark Street Chicago, IL 60654-7598 Fax: 1-312-988-6230 Membership dues in the ABA may be deductible as a business expense.
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Expert Intelligence Reports give you the information you need to evaluate your opposing counsel’s expert witness. In every Expert Intelligence Report you request, you’ll find comprehensive, logically organized documentation of an expert’s background and performance as an expert witness: transcripts, depositions, challenges, resumes, publications, news stories, social media profiles – even hard-to-get expert testimony exhibits from dockets. In other words, you’ll find valuable information to help you successfully cross-examine, challenge, or even impeach your adversary’s expert witness.
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Tort Trial and Insurance Practice Section American Bar Association 321 N. Clark Street Chicago, IL 60654
TORT TRIAL & INSURANCE PRACTICE SECTION
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