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How to Become a Fixer: High-Stakes Problem Solving for the Trucking Industry Thursday, October 16 | 9:30 - 10:20 a.m. Presented by: William McKenzie, McKenzie PLLC
This engaging session will dive deep into the art and science of becoming a "fixer"—the professional everyone calls when the stakes are highest. From navigating catastrophic accidents to resolving multi-million-dollar disputes, I will share actionable insights and frameworks designed to equip industry professionals with the skills to respond effectively, adapt strategically, and consistently deliver optimal outcomes.
TIDA TALK: Challenges to Change: Insights from Operation Sideswipe Thursday, October 16 | 10:20 - 10:40 a.m. Presented by: Andrea Albert, Galloway Johnson Tompkins Burr & Smith
Operation Sideswipe is the federal investigation into staged accidents in the New Orleans area that gained widespread attention with the first indictments that were handed down during the 2019 TIDA conference. Six years later, the indictments persist, culminating in the murder of a key witness, the federal government's identification of the killer, and the indictment and disbarment of attorneys under scrutiny by the government. We will discuss the status of the investigation and highlight the key lessons learned throughout the process.
A View from the Other Side of the "v.": Honest Discussions from a Plaintiff Trucking Attorney Thursday, October 16 | 11:00 a.m. - 12:20 p.m. Presented by: Cesar Tavares, Williams Hart & Boundas, LLP
Following up on last year’s well-received dialogue with Joe Fried, a local Texas plaintiff attorney with numerous seven- and eight-figure verdicts and settlements in trucking cases will discuss what he sees the plaintiffs’ bar doing well and where the defense bar and trucking industry is lacking. This will be an open dialogue with participation and discussions with the audience to answer the defense industry’s burning questions about what the other side has been doing to find such success in recent years.
TIDA TALK: Are We Our Own Worst Enemy: Is Risk Aversion for Trial Causing the Industry to Overpay in Settlements Thursday, October 16 | 1:50 - 2:10 p.m. Presented by: Andrew Zeiter, Daily Underwriters of America, Inc.
Is the industry too afraid of the “nuclear verdict” that we are now creating the “nuclear settlement?” This TIDA Talk will discuss what the industry can do as a whole to start decreasing the settlement values of cases across the country and for the entire industry.
TIDA TALK: “TRIAL BY HEADLINES: The Reversal of the Burden of Proof" Thursday, October 16 | 2:10 - 2:30 p.m. Presented by: Larry Warren, Naman Howell
This presentation will discuss the evolution of tort trials over the last 40 years by focusing on the transition of the plaintiff’s focus on liability, damages, and tactics; and its effect on verdicts. How does the defense respond?
TIDA TALK: Defusing Nuclear Verdicts: How to Effectively Argue Pain and Suffering Damages at Trial to Prevent Excessive Jury Demands Thursday, October 16 | 2:30 - 2:50 p.m. Presented by: Clark Conforti, Tyson Mendes
Nuclear Verdicts are on the rise—especially in the trucking industry. The industry must adapt and use proven strategies to prevent excessive jury awards. Join Tyson & Mendes Senior Counsel Clark Conforti to learn about the importance of arguing pain and suffering damages at trial. Pain and suffering isn’t just for the plaintiff to talk about—defense attorneys must take control of the conversation! Simply deferring to the plaintiff’s claims is no longer an option. A strong, compelling defense strategy is key to defusing juror anger and preventing Nuclear Verdicts®, and attendees to this TIDA Talk will come away armed with the proven two-prong approach to tackle the biggest and most dangerous category of damages.
TIDA TALK: Digging Deep and Using Surveillance to Confront the Reliability of Plaintiff Experts in TBI Cases Thursday, October 16 | 2:50 - 3:10 p.m. Presented by: Jim Dill, The Dill Firm
This segment will provde you with a new and exciting strategy of using surveillance of plaintiffs after settlement or verdict to discredit their experts who opined that those plaintiffs would require lifetime attendant care. This strategy has proven to work in subsequent cases where the same doctors have been retained as experts.
TIDA TALK: Understanding Generative AI – Pros, Cons, and Ethical Implications Thursday, October 16 | 3:10 - 3:30 p.m. Presented by: Brad Bertkau, Canty Novy Bertkau Gordon, LLC
Recently, the American Bar Association, Standing Committee of Ethics and Professional Responsibility, issued Formal Opinion 512, which appears to be the first written opinion on AI. The Opinion covers the ethical implications of AI on attorneys’ duties, including those stated in the preamble of the Opinion: To ensure clients are protected, lawyers using generative artificial intelligence tools must fully consider their applicable ethical obligations, including their duties to provide competent legal representation, to protect client information, to communicate with clients, to supervise their employees and agents, to advance only meritorious claims and contentions, to ensure candor toward the tribunal, and to charge reasonable fees.
MOCK TRIAL: Modern Voir Dire for the Modern Juror Presented by: Amy Tracy, Tracy Law PLLC and Jason Bloom, Bloom Strategic Consulting, Inc.
Culture and politics have collided, and this has affected the jury pool, creating a once-in-a-lifetime sociological shift in worldviews, values, and attitudes. As such, everyone is a different person now, including those we trust with making important decisions in the courtroom, our jurors. In this fresh and thought-provoking presentation, jury consultant Jason Bloom and trial lawyer Amy Tracy will share research about this shift, how it has led to record-breaking jury verdicts, and what it means for your next voir dire.
TIDA TALK: Lessons from a Legend Friday, October 17 | 8:30 - 8:50 a.m. Presented by: Tom McLaughlin, TFI International
Tom McLaughlin has been a claims adjuster for 46 years, with the past 30 in trucking. Whether working for his claims adjuster father, or running a large claims team, Tom has been influenced by “Phrases of Wisdom” he’s heard over the years. Tom will present these “Phrases” and talk about their relationship to the defense of the trucking industry.
TIDA TALK: How to Recruit and Retain Good Defense Attorneys and Adjusters Presented by: Bill Carleton, Upland Specialty Insurance Friday, October 17 | 8:50 - 9:10 a.m.
TIDA TALK:Predicting the Future Trucking Litigation Related to Incoming Products-Liability Arguments Friday, October 17 | 9:30 - 9:50 a.m. Presented by: Gracemarie Mende, Arch Insurance Company
The plaintiffs’ bar is ever-evolving from direct negligence claims to broker liability, it is easy to see new products-based arguments on the horizon. This talk will discuss the legal, strategic, and coverage implications of allegations that motor carriers selected wrong, ineffective, or insufficient technology for their equipment.
TIDA TALK:What are the Meds? LOPs, Amount Paid v. Amount Billed and What the Jury Sees
Friday, October 17 | 9:50 - 10:10 a.m. Presented by: Kelly Milam, Gordon Rees Scully Mansukhani LLP
In an atmosphere where verdicts have skyrocketed, it is particularly important to identify what the medical specials are in each case. Plaintiffs’ attorneys use tactics to inflate these numbers (or to reduce them in ways that are not discoverable) only for the purpose of “blackboarding” the highest number possible at trial. Here are some pointers for ways to identify and combat claimed medical damages to minimize what the jury sees and/or what is admissible at trial.
The Truck Stops Here: Defending Franchise Firm Lawsuits in the Fast Lane Friday, October 17 | 10:30 - 11:20 a.m. Presented by: Trey Sandoval, MehaffyWeber
This session will cover the following topics: 1) The Franchise Firms’ “Playbook,” 2) Why and How Franchise Firms are different, and 3) Effective tactics to prepare and defend these cases. This presentation will incorporate a nationwide perspective and will incorporate information and data obtained from firms across the country. Finally, pitfalls and success stories will round out this very insightful discussion on how to not get “run over” in this lane of transportation defense.
TIDA TALK: Workers' Compensation for Trucking Companies – Special Handling Required Friday, October 17 | 11:20 - 11:40 a.m. Presented by: Max Brusky, Bulkmatic
In this session, we’ll discuss Workers Compensation and how an approach to it in the trucking context should be as specialized as the trucking industry is itself specialized and distinct in the commercial and industrial world. The first portion of the session will start with general handling principles and best practices – injury prevention as part of a comprehensive safety program and culture, asap injury reporting, active claim and recovery management, and advocacy for injured employees. The second portion will focus on driver injuries, what make this industry distinct and unique.
