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1 Litig. News 1 (1975-1976)

handle is hein.journals/lignws1 and id is 1 raw text is: 'JN

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
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.


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