What the 2022 CA Personal Injury/Survival Law Change Means to Defendants

Anne Marie Ellis
Anne Marie Ellis
Buchalter

Anne Marie Ellis’ practice focuses on product liability defense, personal injury litigation, commercial litigation, premises liability, regulatory compliance and client counseling. Clients appreciate her practical, cost efficient and results-oriented approach to handling complex issues.

David DeBerry
David DeBerry
Buchalter

David DeBerry is a member of the Products Liability and Litigation Practice Groups in the Firm’s Orange County office. Mr. DeBerry’s practice focuses on commercial litigation, product liability, personal injury defense and regulatory compliance.

On-Demand: January 25, 2022

$95.00 1 hour CLE

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Program Summary

In this presentation, Ms. Ellis and Mr. DeBerry will discuss Senate Bill 447 which was signed by Gov. Newsom on October 1, 2021. The bill amends the California Code of Civil Procedure 377.34, the survival statute to allow a decedent’s personal representative or successor in interest on the decedent’s cause of action to recover noneconomic damages for pain, suffering, and disfigurement. The attorneys will discuss how this change will impact the cost and burden of discovery and potentially result in higher trial verdicts. The presenters will discuss the major changes between the old and new survival statue and how to develop evidence and themes to support a defense to these damages.

The presentation will also cover the new procedural requirement added to this law which requires plaintiffs recovering said damages to submit the judgment, consent judgment, or court-approved settlement to the Judicial Council which will track the impact of these changes.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • What was recoverable under the old survival statute vs. the new survival statute
  • Differences between survival and wrongful death claims and damages
  • How to gather evidence to develop defenses to pain and suffering damages
  • Strategies for preparing a defense at trial to counter these damages

Date / Time: January 25, 2022

  • 1:00 pm – 2:00 pm Eastern
  • 12:00 pm – 1:00 pm Central
  • 11:00 am – 12:00 pm Mountain
  • 10:00 am – 11:00 am Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Anne Marie Ellis_myLawCLEAnne Marie Ellis | Buchalter

Anne Marie Ellis’ practice focuses on product liability defense, personal injury litigation, commercial litigation, premises liability, regulatory compliance and client counseling. Clients appreciate her practical, cost efficient and results-oriented approach to handling complex issues. She has helped clients across a variety of industries including motor vehicles, motorcycles, food and cosmetics, clothing, off-road vehicles, sporting goods, power tools, exercise equipment, large scale wildland fires, restaurants, trash and recycling haulers and amusement park venues.

Understanding that litigation is not the only problem plaguing companies, Ms. Ellis also provides advice and counsel to clients dealing with complex regulatory schemes such as the FDA, CPSC and California’s Proposition 65. Anne Marie has been recognized as a thought leader on Prop. 65, and frequently publishes and speaks about defense related issues. Ms. Ellis has been successful in helping clients fight back against Consumer Legal Remedies Act, false advertising and unfair business practices shakedown suits. Anne Marie routinely defends lawsuits and claims involving Title III of the Americans with Disability Act, and corresponding California statutes including the Unruh Civil Rights Act for brick and mortar stores and website accessibility.

With extensive experience in complex litigation, Ms. Ellis has effectively defended cases of all sizes in state and federal courts across the country, including catastrophic personal injury, wrongful death/survival lawsuits and class actions, and has played a key role in all phases of litigation and trial. She is also well versed on a wide-range of discovery issues and procedures including handling of e-discovery and trade secrets.

Anne Marie is a sustaining member of PLAC (Product Liability Advisory Council) which is a prestigious trade association at the forefront of helping product manufacturers, retailers and suppliers stay abreast of legal and regulatory issues. She also contributes to the legal task force of the SFIA (Sports and Fitness Industry Association) and is on the forefront of litigation and regulatory issues facing this unique industry.

 

David DeBerry_myLawCLEDavid DeBerry | Buchalter

David DeBerry is a member of the Products Liability and Litigation Practice Groups in the Firm’s Orange County office. Mr. DeBerry’s practice focuses on commercial litigation, product liability, personal injury defense and regulatory compliance. He has assisted clients in matters involving motor vehicles, motorcycles, food and cosmetics. Mr. DeBerry has also counseled clients in navigating complex regulatory schemes such as the FDA’s Food, Drug and Cosmetic Act (FD&C Act) and California’s Sherman Law.

Agenda

I. What was recoverable under the old survival statute vs. the new survival statute | 1:00pm – 1:15pm
II. Differences between survival and wrongful death claims and damages | 1:15pm – 1:30pm
III. How to gather evidence to develop defenses to pain and suffering damages | 1:30pm – 1:45pm
IV. Strategies for preparing a defense at trial to counter these damages | 1:45pm – 2:00pm