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1 Litig. News 1 (1975-1976)

handle is hein.journals/lignws1 and id is 1 raw text is: 'JN S Third National Institute- Proof of Damages San Francisco, California January 22-23, 1976 In preparing every case for trial, the litigator must consider the question, How will I prove damages? McCormick on Damages was published in 1935. Very little has been written on the subject since. Techniques have been developed and utilized to support damage demands which might have caused Professor McCormick to shudder. We have new terms and new experts. We are in the age of economists, with their projections and charts. Psychiatrists are being used to establish a value for pain and suffering. This rapidly changing area of the law, .'proof of damages, will be the subject of the third National Institute sponsored by the Section of Litigation. The program will be held in the Fairmont Hotel, San Francisco, California, on January 22 and 23, 1976. A distinguished group of speakers with special expertise will focus on new techniques and developments in proving the fact and the amount of money damages in a wide spectrum of litigation settings. The program will provide litigators with practical insights and information in an area which is too often overlooked. Antitrust and Business Torts. For practitioners in the antitrust and business tort arenas, a variety of current damage problems will be reviewed and solved, including an update on the use of traditional guidelines for proof of .damages, statute of limitations loopholes, monopoliza- tion damage and the duty of mitigation, as well as developments and standards in the use of expert testimony and proof of attorneys' fees. Personal Injury, Product and Professional Liability. Innovations such as the use of annuities in settling personal injury and product and professional liability cases will be discussed, including the design and negotiation of the annuity appropriate in particular cases. Other topics to be explored include a current re- assessment of the collateral source rule and the increasing application of punitive damages in personal injury and products liability actions. Class Actions. Procedural problems in proving damages will be considered, with special emphasis on class actions. Specific topics include continued use of the fluid recovery concept and issues raised by use of proofs of claim. Particular attention will also be given to experts and their work product. Securities, Environmental and Business Losses Litigation. The Institute will provide a comprehensive review of damage computation techniques in federal securities litigation. Proof of damages in environmental litigation will also be considered, with special attention to the peculiar problems in proving and defending against damage claims where no actual injury has been sustained. The use of experts in this area will be explored. Another important and timely topic to be covered is proof of damages in special business situations such as condemnation of utilities and valuation of closely held corporations. Plan to Attend. We urge you to reserve the dates of January 22 and 23, 1976, and plan to attend this Institute. The previous Institutes sponsored by the Section of Litigation have been highly successful and the program on proof of damages promises to be equally exciting. G

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