39th annual national trial competition - tylaarchive.tyla.org/tyla/assets/file/40481-ntc program 14...

39th Annual

National TrialCompetition

Austin, TexasMarch 26–29, 2014

Hosted by:The Texas Young Lawyers Association and the

American College of Trial Lawyers

ESTABLISHED 1975

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Zeke Fortenberry Clint Harbour Sally PretoriusAnita Barksdale

Welcome to NTC!Welcome to the 39th annual National Trial Competition! You have joined theranks of those national competitors who have exhibited exceptional talent for trial advocacy. We congratulate you in becoming part of this tradition, and wehope the national competition will provide you with an educational and memorable experience.

The National Trial Competition was established in 1975 to encourage andstrengthen law students’ advocacy skills through quality competition and valuable interaction with members of the bench and bar. The program is designedto expose law students to the nature of trial practice and to serve as a supplementto their legal education. It is the Texas Young Lawyers Association’s intent to pro-vide a meaningful contribution to the development of future trial lawyers. Pastwinners of the competition have shared their memories of competing and one sim-ilar theme resonates: the experience has given them assurance of their abilitiesand valuable professional contacts. We hope that your experience will be just asmeaningful and that your success in this competition will follow you as a suc-cessful lawyer.

The Texas Young Lawyers Association wants to especially thank the AmericanCollege of Trial Lawyers for continuing to co-host this competition. The competitioncould not exist without their commitment.

Finally, we want to thank both the regional host schools for taking on the task of holding regional competitions and the many lawyers, witnesses, and other participants who contributed their time and energy to make the regional andnational competitions a reality. Without the dedication of these individuals, thiscompetition would not be possible.

Good luck in the national competition! We hope you enjoy your stay in Austin.

2013-2014 TYLA National Trial Competition Co-Chairs

The National Trial CompetitionTYLA NTC COMMITTEE

Anita Barksdale, Co-Chair, HoustonZeke Fortenberry, Co-Chair and Regional Host Liaison, McKinney

Clint Harbour, Co-Chair, AustinSally Pretorius, Co-Chair, Austin

C.E. Rhodes, Executive Committee AdvisorTracy Brown, Director of Administration

Bree Trevino, Project CoordinatorMichelle Palacios, Office Manager

TYLA EXECUTIVE COMMITTEE

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C. Barrett Thomas, TreasurerRebekah Steely Brooker, President-Elect

Dustin M. Howell, Chair-ElectC.E. Rhodes, Immediate Past President

Kristy Blanchard, PresidentCameron J. Cox, Chair

Victor Villarreal, Vice PresidentPriscilla D. Camacho, Secretary

Special RecognitionThis Competition would not be possible without the efforts of the following:

Robert L. BymanPresident, American College of Trial Lawyers

Timothy J. HelfrichNTC Committee Chair, American College of Trial Lawyers

Marvin W. Jones – Author of the regional problem and the national problem.

Sharesa Y. Alexander, AustinAlex Bell, Dallas

Chris Bloom, HoustonAaron Burke, DallasAaron Capps, Dallas

Andrew Domburg, AngletonMorgan Gaskin, Houston

Zachary Hall, AustinCori Harbour-Valdez, El Paso

Wendy Adele Humphrey, LubbockJon S. Jackson, Virginia

Christian R. Johnson, HoustonBrantley Jones, Amarillo

Madelyn Light, HoustonTravis Patterson, Fort Worth

Courtney Barksdale Perez, ArlingtonR. Shaun Rainey, Midland

Alex Roberts, HoustonErin E. Smith, AustinJoel Towner, Houston

Paul Tu, HoustonStephen Walker, LufkinThea Whalen, Austin

Shannon Steel White, Corpus ChristiTimothy Williams, Amarillo

Jacquelyn Wilson, Austin

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Schedule of EventsWEDNESDAY, MARCH 26

4:00 – 6:00 p.m. REGISTRATION AND WELCOME RECEPTIONHyatt Regency Hotel, Foyer (1st Floor) and Big Bend Ballroom

6:00 – 7:00 p.m. COACHES’ MEETINGHyatt Regency Hotel, Hill Country C & D (1st Floor)

THURSDAY, MARCH 27

6:30 – 8:00 a.m. Breakfast – Hyatt Regency Hotel, Big Bend Ballroom (1st Floor)

7:15 – 7:45 a.m. Buses shuttle from hotel to Capitol

8:00 a.m. Teams and Witnesses check in at the Capitol Extension (E2.012)

8:30 a.m. Judges check in at the Capitol Extension (E2.010)

9:00 a.m. PRELIMINARY ROUND I

12:30 – 1:30 p.m. Lunch – Capitol Grill, 1st Floor of Capitol Extension (E1.002)

1:00 p.m. Teams and Witnesses check in at the Capitol Extension (E2.012)

1:30 p.m. Judges check in at the Capitol Extension (E2.010)

2:00 p.m. PRELIMINARY ROUND II

5:00 p.m. Bus departs from the Capitol to the Hyatt Regency Hotel

6:30 – 8:30 p.m. AMERICAN COLLEGE OF TRIAL LAWYERS RECEPTIONHyatt Regency Hotel, Foothills Ballroom

9:00 p.m. – 12:00 a.m. Hospitality Suite open, Big Bend Ballroom (1st Floor)

FRIDAY, MARCH 28

6:30 – 8:00 a.m. Breakfast – Hyatt Regency Hotel, Big Bend Ballroom (1st Floor)

7:15 – 7:45 a.m. Buses shuttle from hotel to Capitol

8:00 a.m. Teams and Witnesses check in at the Capitol Extension (E2.012)

8:30 a.m. Judges check in at the Capitol Extension (E2.010)

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9:00 a.m. PRELIMINARY ROUND III

12:30 – 1:30 p.m. Lunch – Capitol Grill, 1st Floor of Capitol Extension (E1.002)

1:00 p.m. Meeting to announce Quarter-Finalists (Coaches only)


1:00 p.m. Teams and Witnesses check in at the Capitol Extension (E2.012)

1:30 p.m. Judges check in at the Capitol Extension (E2.010)

2:00 p.m. QUARTER FINAL ROUNDS


6:45 p.m. Bus departs from hotel to Uncle Billy’s Brew & Que

7:00 p.m. NTC CELEBRATION DINNERAnnouncement of SemifinalistsUncle Billy’s Brew & Que

SATURDAY, MARCH 29

7:15 – 7:45 a.m. Buses shuttle from hotel to U.S. Federal Courthouse

8:00 a.m. Teams and Witnesses check in at courthouse

8:30 a.m. Judges check in at courthouse

9:00 a.m. SEMIFINAL ROUND

12:00 p.m. Lunch for teams advancing to the Final Round

1:00 p.m. Teams and Witnesses check in at courthouse

1:30 p.m. Judges check in at courthouse

2:00 p.m. FINAL ROUND

5:30 p.m. Bus departs from courthouse to the hotel

6:30 – 7:30 p.m. COCKTAIL RECEPTIONHyatt Regency Hotel, Texas Ballroom

7:30 – 9:30 p.m. AWARDS BANQUETHyatt Regency Hotel, Texas Ballroom

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National CompetitionParticipants

REGION 1Suffolk University Law SchoolBoston, MACoaches: Paul J. Caruso, John Martin and Prof. Timothy Wilton

Yale Law SchoolNew Haven, CTNo Coach

REGION 2St. John’s University School of LawQueens, NYCoaches: Eylan Schulman and Kareem Vessup

Syracuse University College of LawSyracuse, NYCoaches: Dmitriy Chernyy, Joseph S. Cote, Jeffrey Leibo, Travis H. Lewin and

Joanne Van Dyke

REGION 3Temple University Beasley School of Law (Two Teams)Philadelphia, PACoaches: Jennifer Bretschneider, Alexander Gosfield, Sara Jacobson and

Edward D. Ohlbaum

REGION 4American University Washington College of LawWashington, D.C.Coaches: Allison Heldreth, Elizabeth Lippy and Jeremy Widder

The George Washington University Law SchoolWashington, D.C.Coach: Moses Cook

REGION 5Georgia State College of LawAtlanta, GACoaches: Lisa Bobb and Paige Boorman

The University of Georgia School of LawAthens, GACoaches: Gregg Conley and Jeff Reilly

REGION 6Faulkner University (Two Teams)Montgomery, ALCoaches: Fred Clements and Prof. Joe Lester

REGION 7Michigan State University-College of LawEast Lansing, MICoach: Patrick Duff

The Ohio State University Moritz College of LawColumbus, OHCoach: Robert Krivoshey

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REGION 8Northwestern University School of LawChicago, ILCoaches: Rich Lakin and Richard Levin

Loyola University Chicago School of LawChicago, ILCoaches: Brian Devilling, John Ellis, Tom Power and Amy Thompson

REGION 9Creighton University School of LawOmaha, NECoaches: Prof. Richard Collin Mangrum and Prof. Larry Teply

Hamline University School of LawSt. Paul, MNCoaches: Jim Morrow and Kelly Rodgers

REGION 10South Texas College of LawHouston, TXCoaches: Cordt Akers and Brad Gilde

Thurgood Marshall School of Law – Texas Southern UniversityHouston, TXCoaches: Lisa Collins, Valerie Jewett and Ed Sullivan

REGION 11University of Missouri – Kansas CityKansas City, MOCoach: S. Rafe Foreman

Washington University School of Law in St. LouisSt. Louis, MOCoaches: Judge David Mason and Mark Rudder

REGION 12University of Arizona James E. Rogers College of LawTucson, AZCoaches: Brian Chase and Joel Feinman

University of Denver Sturm College of LawDenver, COCoach: David Schott

REGION 13Stanford Law SchoolPalo Alto, CACoaches: Sara Peters, Olga Savage and Todd Theodora

University of the Pacific, McGeorge School of LawSacramento, CACoaches: Cary Bricker, Keith Hill, Thien Ho and Jay Leach

REGION 14Loyola Law School, Los AngelesLos Angeles, CACoaches: Mark Drew, Larry Lawrence and Susan G. Poehls

University of San DiegoSan Diego, CACoaches: Frankie DiGiacco, Andrew Hillier and Kate Kirschbaum

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National Competition AdvocatesMatt Anderson

Michelle E. AshcroftJosh Barton

James BartonKarri Becker

Eric BellWendy Marie Brown

Jennifer CamilloAlexandra Caritis

Mary B. ChamberlainSara Hofeditz Christensen

Kevin ColemanJonathan Coppom

Anahi CortadaJeremy Dailey

Frank DeLucciaJames DeMates

Mark P. Dolan, Jr.Frank Doorley

Eric DunnJared T. Frick

Juan Garcia-PardoPallavi Garg

David HaggardRobson Hauser

Amanda IlerKyle Jackson

Claire JacobsonDanny JensenJames Joseph

Whitney JudsonCourtney Khademi

Ahad S. KhanJason Krisza

Gus LazaresKelsey Leiper

Samantha LemkeAriel Lett

Michael LewisSherri Mazur

Carol McBirneyEmilia Luisa McKee-Vassallo

Hank MoonMichelle MooreKyle O’GradyAdam PapasJeffrey Peil

Corey PetersonKahlie M. Poindexter

Caroline PowerCraig PriesmeyerBritny A. RochaMorgan Sanders

Michael SchillingerAlex SmithScott SmithDarin Smith

John James “J.J.” SnidowRandall Tatem

Nathan K. TenneyStanley Thompson

Nick TootalianHaley Tubb

Jennifer VaronBrittne Walden

Ben WallaceKatie Wallrabenstein

Josh Willis

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American College of Trial Lawyers

RODNEY ACKER: Mr. Acker, of Dallas, Texas, graduated with honors (Texas Tech Law Review andOrder of the Coif) from Texas Tech Law School in 1974. He initially clerked for afederal district judge, and for the past thirty-nine years has been a commercial litigator. He has handled cases in over twenty-five states in a practice that hasscanned a wide range of corporate issues with an emphasis on securities andantitrust cases. He is a partner in the firm of Fulbright & Jaworski L.L.P. (NortonRose Fulbright). In addition to being a Fellow in the American College of TrialLawyers, he is a Fellow of the International Academy of Trial Lawyers; TheInternational Society of Barristers; American Board of Trial Advocates; ThePatrick Higginbotham American Inn of Court; is listed in Best Lawyers inAmerica as well as Texas Super Lawyers and was named one of the Top 15“Defenders” by the Dallas Business Journal in 2007 and 2008; is a Fellow of theAmerican, Texas and Dallas Bar Foundations; and is a former director of TexasAppleseed Foundation. Mr. Acker is listed among Chamber’s American LeadingLawyers in Business, and in the Law Dragon 3000. Mr. Acker, formerly the Chair ofthe National Trial Competition Committee, is presently a Regent of the AmericanCollege of Trial Lawyers and serves as the liaison to the National TrialCompetition Committee.

EMERSON BANACK, JR. (“BUDDY”): Mr. Banack graduated from the University of Texas School of Law in 1965. Mr.Banack is a member of the firm of Langley & Banack, Inc. in San Antonio, Texas,and has been a member of the firm since he graduated in 1965. He has madenumerous presentations in the Continuing Legal Education Program in the stateof Texas. In addition to being a Fellow of the American College of Trial Lawyers,he is a Fellow in the Texas Bar Foundation, and the San Antonio Bar Foundation.Mr. Banack received the Lifetime Achievement Award for the San AntonioBusiness Journals’ First Annual Best Lawyer Award in 2010. He has also been list-ed as San Antonio’s 2012 Lawyer of the Year for Construction Litigation, BestLawyers in America. He has been named San Antonio’s 2009 Lawyer of the Yearfor Bet-the-Company Litigation. Mr. Banack has represented numerous governmental entities, corporations, businesses, individuals, physicians, lawyers,engineers and architects in malpractice cases, products liability cases, negligencecases, and business litigation. During the last several years, he has practiced primarily in the field of business and corporate litigation and defense of largemalpractice cases, as well as antitrust litigation. Due to the type of practice thatMr. Banack is currently engaged in, he represents both plaintiffs and defendants.Mr. Banack previously served as Texas State Chair of the American College ofTrial Lawyers.

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GLORIA A. BEDWELL:Ms. Bedwell graduated from the University of Alabama School of Law in 1980.She practiced in the firm of Watson & Moore in Huntsville, Alabama, from 1980through 1982, handling real estate matters and general plaintiff litigation. In 1982,she was hired as an assistant district attorney in Mobile County, Alabama, whereshe prosecuted felony jury matters until she was hired as an Assistant UnitedStates Attorney in the Southern District of Alabama in 1984. Ms. Bedwell wasassigned to the Organized Crime Drug Enforcement Task Force in 1986, and prosecutes primarily drug-related cases involving organizations operating in thedistrict and the Southeast. She received the Attorney General’s Excellence Awardin 1991, recognizing her outstanding achievement in advocacy for the UnitedStates during that year. She has conducted training for the Department of Justiceat the National Advocacy Center and for several law enforcement agencies in theregion. She is a member of the National Association of Assistant United StatesAttorneys and was admitted as a Fellow in the American College of Trial Lawyersin 2011.

ROBERT L. BYMAN:Robert L. Byman is a partner in Jenner & Block’s Litigation Department and is amember of the Complex Commercial Litigation Practice. Mr. Byman has trieddozens of cases to jury or bench verdict in a gamut of areas, including patents andintellectual property, commodities and securities, trade practices, environmental,employment, land use, professional liability, civil rights, and a wide variety ofcomplex contractual disputes. He served as lead counsel to the Firm’s Chairman,Anton R. Valukas, in his capacity as Examiner in the Lehman Bankruptcy. Mr.Byman was the member of the litigation team with principal responsibility forelectronic discovery issues in Coleman (Parent) Holding v. Morgan Stanley, and is afrequent speaker and faculty member at seminars on e-discovery issues. He is aco-author of the West’s “Illinois Civil Litigation Guide,” and has authored numerousarticles and chapters on various trial practice subjects. Mr. Byman is a regularcolumnist on Federal Civil Procedure issues for the National Law Journal. Mr.Byman devotes a substantial amount of his practice to pro bono work. Mr. Bymanhas extensive experience in alternative dispute resolution. He has been a memberof the Commercial Arbitration Panel of the American Arbitration Associationsince 1978 and has served as an arbitrator for the National Futures Association,the Chicago Board Options Exchange, and the Chicago Mercantile Exchange. Mr.Byman is President of the American College of Trial Lawyers.

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E. LEON CARTER: Leon Carter is a partner with Carter Stafford Arnett Hamada & Mockler, PLLC in Dallas, Texas. He previously served as a Dallas County Assistant DistrictAttorney and as an Assistant Attorney General for the State of Texas. Mr. Carterwas also previously a partner with Jackson Walker. His experience includes representing plaintiffs and defendants in the areas of patent litigation, productsliability, First Amendment issues, labor and employment, and toxic tort litigation.Mr. Carter is a Fellow of the American College of Trial Lawyers, an Advocate ofthe American Board of Trial Advocates, and is a member of both the Patrick E.Higginbotham and T. John Ward Inns of Court. Mr. Carter has served on theJudiciary Committee of the Dallas Bar Association and currently serves on theExecutive Committee of the State Bar of Texas. Mr. Carter has also been recog-nized as a Texas Super Lawyer, is listed in the The Best Lawyers in Texas, and hasbeen selected by the Dallas Business Journal as one of the Top 15 Business DefenseLawyers in the Dallas/Ft. Worth metropolitan area.

TOM ALAN CUNNINGHAM:Tom Cunningham has been a successful trial lawyer for 40 years. A graduate ofthe University of Texas Law School, Mr. Cunningham joined Fulbright &Jaworski, L.L.P. (Norton Rose Fulbright) in 1974 where he became a SeniorLitigation Partner. He founded Cunningham Darlow LLP in 1998. He has triedcases in state and federal courts throughout the United States in energy, oil andgas, contracts, business torts, fiduciary duties, professional liability, hospitality,trusts, probate, product liability, and antitrust. Mr. Cunningham is a Fellow of theAmerican College of Trial Lawyers and a member of the American Board of TrialAdvocates. An expert in ethics and professional responsibility, Mr. Cunninghamhas served as Chair of a Texas lawyer grievance committee, Chair of the TexasCommission for Lawyer Discipline, and Chair of the Texas State Commission onJudicial Conduct. His professional commitments include service as Chair of theBoard of Directors of the State Bar of Texas, Chair of the Board of Trustees of theTexas Bar Foundation, Chair of the Fellows of the Texas Bar Foundation, andnumerous committees of those organizations.

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DON L. DAVIS:Listed in the Best Lawyers in America, Don L. Davis is the managing partner atByrd Davis Furman & Alden. Mr. Davis focuses his practice in the areas ofProducts Liability; Aviation Law; Medical Malpractice and Personal Injury and isBoard Certified in Personal Injury Trial Law by the Texas Board of LegalSpecialization. His cases include plaintiff’s personal injury claims against most ofthe major automobile manufacturers in the United States and Europe and corpo-rations such as the American Tobacco Co., Cessna Aircraft Co., Yamaha, TravelersInsurance Co., Enserch Corp. A Fellow in the American College of Trial Lawyerssince 1995, Mr. Davis is admitted to practice and has argued cases before theUnited States Supreme Court, the United States Court of Appeals for the Third,Fifth, Ninth, Tenth and Eleventh Circuits. Mr. Davis is a faculty member of thePage Keaton Civil Litigation Conference, an annual conference for attorneyssponsored by the University of Texas School of Law and is a frequent speaker andauthor of numerous articles for the continuing legal education of fellow attorneyson matters relating to wrongful death, products liability, medical malpractice,jury selection and settlement negotiations to name a few. Mr. Davis is a SustainingMember of the Federal Bar Association, a Life Fellow of the Texas Bar Foundationand a Fellow of the American Bar Association. He is also a member of the State Barof Texas, the Texas Trial Lawyers Association, the Association of Trial Lawyers ofAmerica, the American Bar Association and the Austin Bar Association.

CHARLES H. DICK, JR.:Mr. Dick, of La Jolla, California, was graduated with distinction in 1967 from theUniversity of Iowa, College of Law, where he was awarded the Murray Prize forthe outstanding senior law student, served as the Managing Editor of the IowaLaw Review, and was elected to Order of the Coif. He was a partner in Baker &McKenzie for more than 20 years, serving as North American Chair of Litigation,and in 2012 he retired from that law firm to open his own practice in San Diegoas an arbitrator, litigation counselor, and advocate. A Fellow in the AmericanCollege of Trial Lawyers, he formerly served as member of the Board of Regentsfor the College, and he currently serves as Treasurer for the American College ofTrial Lawyers Foundation. He also has been elected to membership in theAmerican Board of Trial Advocates and is a Senior Master of the Louis Welsh Innof Court, having served as a National Trustee of the American Inns of CourtFoundation. Mr. Dick is a recipient of the San Diego trial bar’s highest award forprofessionalism — The Daniel T. Broderick III Award. Active in the service ofwork of Rotary International, Mr. Dick is retired as a Captain, Judge AdvocateGeneral’s Corps, U.S. Naval Reserve. He is the Chancellor for the EpiscopalDiocese of San Diego.

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TIMOTHY J. HELFRICH: Mr. Helfrich received his J.D. from the University of Oregon School of Law in1976. He has been engaged exclusively in trial practice throughout his career. Heis a partner in the firm of Yturri Rose LLP in Ontario, Oregon, and tries cases inthe federal and state courts of Oregon and Idaho. He has tried over 80 jury casesto verdict. Mr. Helfrich has handled both plaintiff and defense cases involvingwrongful death, personal injury, medical malpractice and commercial disputes.He is a Fellow in the American College of Trial Lawyers and a member of theAmerican Board of Trial Advocates.

CHRISTY D. JONES: Christy D. Jones is Chair of the Pharmaceutical, Medical Device and HealthcareIndustry Department at Butler Snow and has tried product liability cases, includingpharmaceutical and medical device cases, in multiple jurisdictions and aroundthe country. She has extensive experience in litigation involving prescription andover-the-counter medications, medical devices, vaccines and other bio-logicals,contraceptives, herbicides, pesticides, asbestos and plastics. Ms. Jones is a PhiBeta Kappa graduate of the University of Arkansas where she received her B.A.in 1974 and was graduated, with high honors, from the University of ArkansasSchool of Law in 1977. A Fellow of the American College of Trial Lawyers, Ms.Jones served as a Regent of the College. She is a member of the American Boardof Trial Advocates and is listed in The Best Lawyers in America, Mid-South SuperLawyers and Chambers USA: America’s Leading Lawyers for Business. Ms. Jones wasrecently recognized by Chambers as one of the top seven product liability lawyersin the country.

MARVIN W. (MARTY) JONES:Marvin W. “Marty” Jones is the managing shareholder of Sprouse Shrader SmithP.C., practicing in its Amarillo, Texas, office. He graduated from Baylor Universityand with honors from Baylor University School of Law where he served as editor-in-chief of the Baylor Law Review. He is a Fellow of the American Collegeof Trial Lawyers and is board certified in Civil Trial Law by the Texas Board ofLegal Specialization. In 2009, he was appointed by the Texas Supreme Court toserve on the Texas Board of Disciplinary Appeals, and was re-appointed in 2012.From 2009 to 2013, he served as a member of the Board of Directors of the Collegeof the State Bar of Texas. Jones is a member of the American Board of TrialAdvocates, Texas Association of Defense Counsel, and the InternationalAssociation of Defense Counsel. He has served as the problem drafter for theNational Trial Competition for the years 2008, 2009, 2010, 2012 and 2013.

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CHRIS KITCHEL:Chris Kitchel is a shareholder with Stoel Rives LLP in Portland, Oregon. Her prac-tice focuses on employment law matters, primarily counseling and employmentlitigation. She has extensive experience working with health care organizationson physician peer review and related proceedings. Chris is active with the ACTL,ABODA and the Oregon Association of Defense Counsel (past president). She islisted in Chambers USA, Best Lawyers in America (Portland Litigation-Labor &Employment Law Lawyer of the Year in 2014), and Super Lawyers. A formerCPA, Chris graduated from Lewis & Clark Law school, magna cum laude, in1981. She has a BSB from the University of Minnesota and an MBA from PortlandState University.

JAN K. KITCHEL:Jan Kitchel been a trial lawyer with Schwabe since 1978. With over 34 years of trialexperience in a wide range of areas, his practice currently is focused on catastrophic personal injury, wrongful death, will and trust contests and insur-ance coverage claims in the Pacific Northwest. Mr. Kitchel represents plaintiffsand defendants, and individuals as well as businesses and has won or resolvedsuccessfully many multimillion dollar cases. His trial experience includes stateand federal cases in Oregon, Washington, Idaho and D.C., including jury trials in23 Oregon counties, five Washington counties and several federal District Courts.Mr. Kitchel has briefed and argued cases in the appellate courts for Oregon andWashington as well as in the Ninth Circuit. He has also arbitrated cases in a number of forums, both as a litigant and an arbitrator. Mr. Kitchel attendedWillamette University College of Law and graduated cum laude.

DAVID KITNER:David Kitner graduated from the University of Texas School of Law in 1973 withhonors (Order of the Coif and Texas Law Review). He has been engaged in a civiltrial practice since 1973 during which time he has tried approximately 85 jurycases. He has been a partner in the Dallas law firm of Strasburger & Price, LLPsince 1980. He has been a Fellow in the American College of Trial Lawyers since1999 and is currently the Chair of the Texas State Committee. He is also on theEditorial Board of the American College of Trial Lawyers Journal. He previouslyserved on the State Bar of Texas Grievance Committee. In 2012 he was appointedby the Supreme Court of Texas to the Board of Disciplinary Appeals. He is a LifeFellow of both the Texas and Dallas Bar Foundations and a member of theDefense Research Institute. He serves as his firm’s general counsel on legal mattersand is chair of the professional liability practice group. He represents clients in civillitigation matters including complex business/commercial disputes and profes-sional liability.

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LARRY H. KRANTZ: Larry H. Krantz is a principal of Krantz & Berman LLP. He is a former federalprosecutor whose practice focuses on white-collar criminal defense and complexcommercial litigation. He has been an active trial lawyer for over 25 years. Mr. Krantz is a Fellow of the American College of Trial Lawyers (Vice-Chair-Downstate Committee) and the Litigation Counsel of America. He was selectedfor inclusion in the New York Metropolitan and Corporate Counsel editions ofSuperlawyers. He is also the Chair of the Federal Bar Council Special Committeeon Sentencing Reform, a Director of the New York Council of Defense Lawyers(former), a Member of the Federal Bar Council Inn of Court, and a Member of theLocal Rules Committee for the Southern and Eastern Districts of New York. Mr.Krantz graduated from Brooklyn Law School in 1980, where he was an Editor andMember of the Brooklyn Law Review. He served as an Assistant United StatesAttorney in the Criminal Division of the Eastern District of New York from 1983-89, and as a Law Clerk to the Honorable I. Leo Glasser, U.S. District Judge,Eastern District of New York, from 1981-82. He is also a Chapter author of thetreatise Defending Federal Criminal Cases: Attacking the Government’s Proof.

HONORABLE RONALD B. LEIGHTON: Judge Leighton was sworn in as a United States District Court Judge for theWestern District of Washington on November 26, 2002. Before becoming a memberof the federal judiciary, Judge Leighton had been a trial lawyer for over 25 yearswith the firm of Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, spe-cializing in complex litigation. While he was a practicing lawyer, Judge Leightonwas voted by his peers as one of the top 10 trial lawyers in Washington. He is aPast President of the Washington Defense Trial Lawyers and the American Boardof Trial Advocates. Judge Leighton is a Fellow of both the American College ofTrial Lawyers and the International Society of Barristers.

PAMELA ROBILLARD MACKEY:Known for her defense of high profile clients, such as Kobe Bryant, Patrick Roy,Brandon Craig and Don Vito, Ms. Mackey practices criminal defense and complexcivil litigation as a shareholder at Haddon, Morgan, and Foreman, P.C., in Denver,Colorado. She is formerly of the Colorado Public Defender’s Office. She is aFellow of the International Academy of Trial Lawyers and the American Collegeof Trial Lawyers, is listed in The Best Lawyers in America, as lawyer of the yearfor both White-Collar Criminal Defense (2013) and Non-White Collar CriminalDefense (2012) and was named one of the top 10 lawyers in Colorado. Shereceived her J.D. with highest honors from The George Washington UniversityLaw School in 1985 where she served as Executive Editor of The GeorgeWashington Law Review. She received her B.S. in Journalism from The Universityof Colorado with highest honors. She is a board member for the Institute for theAdvancement of the American Legal System and an honorary board member forThe Haven, a residential treatment program for adjudicated mothers and theirbabies. She served as chair of the Criminal Justice Act Standing Committee andon the 10th Circuit Court of Appeals Criminal Pattern Jury Instruction.

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KATHLEEN FLYNN PETERSON: Kathleen Flynn Peterson is a partner with the national law firm of Robins,Kaplan, Miller & Ciresi L.L.P. where she chairs the Personal Injury and MedicalMalpractice practice group. Ms. Flynn Peterson is a Fellow of the AmericanCollege of Trial Lawyers, the American Board of Trial Attorneys, the InternationalSociety of Barristers, the International Academy of Trial Lawyers, and theAmerican Bar Foundation. She also is certified as a Civil Trial Specialist by theCivil Litigation Section of the Minnesota State Bar Association and is a frequent,sought-after speaker and lecturer on trial litigation strategies. In addition, she hasbeen an active member of the Minnesota Association for Justice, serving as theirpast president, and the American Association for Justice, formerly the Associationof Trial Lawyers of America, the nation’s largest plaintiff’s trial bar. In 2007, Ms.Flynn Peterson served as the national president of this organization. In 1999, shewas honored with the association’s prestigious Lifetime Achievement Award. Ms.Flynn Peterson’s past professional service includes serving as president of theMinnesota Chapter of the American Board of Trial Attorneys (2005-2006) andchair of the Minnesota State Committee of the American College of Trial Lawyers(2010-2012).

JOHN PHILLIPS: John W. Phillips is a founding partner in the litigation firm of Phillips ParkerOrberson & Arnett, P.L.C. in Louisville, Kentucky. He is a Phi Beta Kappa graduateof the University of Kentucky and received his J.D. degree from the University ofKentucky in 1981. Mr. Phillips has been a litigator specializing in the field of pro-fessional liability defense for nearly thirty years. His extensive trial experienceincludes the defense of medical, legal and engineering malpractice claims, productliability actions and general insurance defense. He has argued appeals before theKentucky Court of Appeals and Kentucky Supreme Court and the Sixth CircuitCourt of Appeals. Mr. Phillips is a Fellow of the American College of Trial Lawyersand is listed in The Best Lawyers in America. He is a member of the Louisville,Kentucky and American Bar Associations, the Kentucky Association of TrialAttorneys and the Defense Research Institute.

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SUSAN D. PHILLIPS:Susan D. Phillips graduated from the University of Kentucky (with HighDistinction) in 1978 and the University of Kentucky College of Law in 1981,where she served as Secretary/Treasurer of the Moot Court Board and was amember of the Kentucky Law Journal. Following graduation from law school,Ms. Phillips joined the law firm of Boehl Stopher & Graves in Louisville,Kentucky where she practiced insurance defense litigation, primarily medicalmalpractice defense, from 1981 to 1999. In 1999, she and four other partnersfounded the law firm of Phillips Parker Orberson & Arnett, PLC, where she continues to specialize in the field of medical malpractice defense. Ms. Phillipshas successfully tried over 50 jury trials and was honored to be the first womanin Kentucky inducted as a Fellow of the American College of Trial Lawyers. Ms.Phillips is listed in The Best Lawyers in America, Kentucky Super Lawyers, andKentucky Super Lawyers Top 25 Women. Ms. Phillips is President of the LouisvilleBar Association and also serves as a Kentucky Bar Association TrialCommissioner and a member of the Evidence Rules Review Commission. She isa past member of the Kentucky Commission on Human Rights, and pastPresident of the Louisville Bar Foundation and Citizens for Better Judges.

DEBRA E. POLE: Debra Pole, a graduate and member of the law review of the University of Florida College of Law, is a partner in the Los Angeles office of Sidley AustinL.L.P., a member of the firm’s executive committee, and group leader of its LosAngeles Products Liability and Mass Torts Practice Group. As a seasoned triallawyer, she has over twenty-five years of experience in multidistrict, class actions,and products liability litigation, including acting as national coordinating andtrial counsel for a defendant in the high profile silicone breast implant litigation,and national coordination counsel for a defendant in the diet drug litigation. She has also supervised numerous defense law firms involved in complex phar-maceutical and medical device litigation; has had responsibility for nationalfinancial management of mass tort litigation; has provided products liabilitycounseling for companies planning to introduce new products into the marketplace;has provided strategic advice to defendants in multidistrict litigation; and hasexamined independent medical and scientific expert witnesses appointed by anMDL court pursuant to Federal Rules of Evidence 706. In addition to being aFellow of the American College of Trial Lawyers, Ms. Pole is a member of theDefense Research Institute, the American Bar Association, and the InternationalAssociation of Defense Counsel, where she was the Trial Director of the IADC’sTrial Academy for 2010.

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CLARENCE (ROCKY) L. POZZA, JR.:Clarence Pozza’s practice areas are commercial, corporate, financial, securitiesand insurance litigation, regulatory representations, alternative dispute resolutionand preventive counseling. A past chairman of the firm, Clarence served as amanaging director of Miller Canfield for 10 years and was head of the LitigationGroup for eight years. Clarence’s lengthy record of achievement includes complextrial and appellate work in the federal and state courts as well as arbitrationbefore the Financial Industry Regulatory Authority (FINRA) and AmericanArbitration Association. He also has an extensive background in administrativeand regulatory proceedings before the Securities and Exchange Commission, NewYork Stock Exchange, Michigan Insurance Bureau and Michigan Corporationsand Securities Bureau as well as other state insurance and securities authorities.He is a past member of the Large Complex Case Panel of the AmericanArbitration Association and a certified mediator. Mr. Pozza is the current Chair ofthe Michigan State Committee of the American College of Trial Lawyers.

MARY M. H. PRIDDY:Ms. Priddy is a founding member of the law firm of Goodman Allen & Filetti,PLLC. She has dedicated her practice exclusively to the defense of health careproviders with a concentrated focus on the defense of hospitals and hospitalemployees. Ms. Priddy has represented hundreds of physicians, nurses, andallied health professionals throughout the Commonwealth of Virginia and hastried over 25 medical malpractice cases to verdict and resolved more than 25 casesthrough alternative dispute resolution. A significant aspect of her practice isdevoted to working with hospital risk managers as they deal with the complexand unique legal concerns involving patient care. Ms. Priddy frequently lectureson medical malpractice, the management of medical records, and patient careissues. This long standing dedication and experience has earned her recognitionby her peers as one of the Best Lawyers in America (2006-2011), one of Virginia’sLegal Elite in Healthcare and in 2009 gained recognition as one of the Top 25Women Attorneys in Virginia (Virginia Business Magazine). Ms. Priddy was honoredwith a Judicial appointment to the Virginia Model Jury Instruction Committeeand has been a member of the Boyd-Gravies Conference for more than 20 years.

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HON. KAREN S. TOWNSEND:Elected in 2010 as a Judge for the 4th Judicial District, State of Montana, servingMissoula and Mineral Counties. The District Court is a court of general jurisdictionhaving responsibility for felony criminal matters, juvenile delinquency matters,Dependent and Neglected Children matters, sanity proceedings, guardianships,probate actions, civil matters worth more than $7,500.00, divorce and custodymatters, and trial de novo for misdemeanor criminal cases from the JusticeCourts. Judge Townsend’s previous service includes: Deputy County Attorney,Missoula County Attorney’s Office; Dir. of Training, National College of DistrictAttorneys; Chief Deputy County Attorney Missoula County Attorney’s Office;Special Assistant United States Attorney. Judge Townsend has extensive local,state and national trial advocacy teaching experience. She was a Member andlater Chair of Montana Human Rights Commission. Following retirement fromthe Missoula County Attorney’s Office in 2006, she served as special deputy countyattorney for Beaverhead, Sanders and Glacier Counties on criminal prosecutionmatters and has been retained as an expert witness by civil attorneys. JudgeTownsend graduated from Ohio Wesleyan University and received her J.D. withhonors at the University of Montana School of Law.

CHILTON DAVIS VARNER:Chilton Varner joined the law firm of King & Spalding in 1976. She became thefirst female partner in the firm's litigation department, and the first female toserve on the firm's management committee. She is the senior partner on King &Spalding's product liability team, which The American Lawyer has twice recog-nized as one of the top three such practices in the country. She has been named tothe short list of best female litigators by the National Law Journal, Chambers,Law 360 and Benchmark. Recently, Best Lawyers named her Litigator of the Yearin her region. She is the immediate past President of the American College of Trial Lawyers.

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T. JOHN WARD: Judge T. John Ward received his J.D. degree from Baylor University in 1967 andwas a trial lawyer with the firm of Brown, McCarroll & Oaks Hartline, L.L.P., firstin its Houston, Texas office, and later in Longview, Texas. He was appointed U.S.District Judge for the Eastern District of Texas in 1999 and returned to privatepractice in 2011. In addition to being a Fellow of the American College of TrialLawyers since 1986, a Fellow of the International Academy of Trial Lawyers, aLife Fellow of the Texas Bar Foundation, a member of the Judicial ConferenceCommittee on Court Administration and Court Management, and an Advocate ofthe American Board of Trial Advocates, he served on the Board of Governors ofthe Fifth Circuit Bar Association from 1987 to 1991 and from 1996 to 1999, andBaylor University Law School named him as the 2004 Baylor Lawyer of the Year.In 2014 he was recognized by Texas Tech University as a Distinguished Alumni.Judge Ward is a former Chair of the National Trial Competition Committee of theAmerican College of Trial Lawyers.

R. GARY WINTERS: Mr. Winters is President and Managing Shareholder of McCaslin, Imbus &McCaslin in Cincinnati, Ohio. His practice is concentrated in the fields of schoollaw, employment law, civil rights, product liability and insurance coverage. He isa graduate of the University of Cincinnati, where he obtained his B.A. in 1970,MA. in 1972 and J.D. in 1976. Mr. Winters was admitted to the Ohio Bar in 1976and to the Kentucky Bar in 1995. He served as law clerk to the Honorable Carl B.Rubin of the United States District Court for the Southern District of Ohio. Hiswritings include “Many Questions Few Answers: Some Thoughts on the Meaningand Reach of Kerans v. Porter Paint Company”, Ohio Northern University LawReview, 1993 and “Congressional and Judicial Limits on Punitive Damages”, For TheDefense, July, 2003. Mr. Winters is a member of the Defense Research Institute, theOhio Council of School Board Attorneys and the Cincinnati, Ohio and KentuckyBar Associations. He is also a Fellow of the American College of Trial Lawyers, aMember of the American Board of Trial Advocates, and is listed among Ohio’s“Super Lawyers”. Mr. Winters has served on the Board of Trustees of theWyoming Youth Services Bureau and on the City of Wyoming RecreationCommission. He was the President of the Wyoming City School District Board ofEducation from 2003 to 2006.

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NTC Regional HostsThe NTC Committee appreciates the following law schools that served asRegional Hosts for this year’s competition. A special thank you goes to the individuals whose names appear below for their hard work and support:

Region 1 Suffolk University Law School(CT, MA, ME, NH, RI, VT) Boston, Massachusetts

Professor Timothy Wilton

Region 2 Pace Law School (NY) White Plains, New York

Professor Louis Fasulo and Loretta Musial

Region 3 Temple University Beasley School of Law(DE, NJ, PA, WV) Philadelphia, Pennsylvania

Mary Beth Wilson

Region 4 The American University Washington College(D.C., MD, VA) of Law

Catholic University Columbus School of LawUniversity of Maryland Francis King Carey Schoolof LawWashington, D.C.Elizabeth Lippy, Louis Barracato and A.J. Bellido de Luna

Region 5 University of North Carolina – Chapel Hill(GA, NC, SC) North Carolina Central University School of Law

Durham, North CarolinaDionne Gonder, Professor Deria Hayes, Scott Lippert and Jocelyn R. Mitnaul

Region 6 Faulkner University Jones School of Law(AL, FL, MS) Montgomery, Alabama

Professor Joseph Lester

Region 7 Case Western Reserve University School of Law(MI, OH) Cleveland, Ohio

Yuri R. Linetsky and Amy Wojnarwsky

Region 8 Chicago-Kent College of Law(IL, IN) Loyola University Chicago School of Law

Chicago, IllinoisJoe Carlasare, Megan M. Canty and Zelda B. Harris

Region 9 Hamline University School of Law(IA, KS, MN, ND, St. Louis Park, MinnesotaNE, SD, WI) Debra Lange

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Region 10 Texas A&M University School of Law(LA, TX) Fort Worth, Texas

Stephen Cumbie

Region 11 University of Missouri School of Law(AR, KY, MO, TN) Columbia, Missouri

Andrew Blackwell

Region 12 University of Oklahoma College of Law(AZ, CO, ID, MT, NM, Norman, OklahomaOK, UT, WY) Amy Pepper

Region 13 Santa Clara University School of Law(Northern CA, OR, WA) San Jose, California

Ben Chiang, Ellen Kreitzberg and Aminder Singh

Region 14 Whittier Law School(AZ, Southern CA, HI) Cosa Mesa, California

Professor Martin Pritikin

AwardsThe National Trial Competition rotating Honorable Jerry R. Parker Championshiptrophy, donated by the ACTL, bears the name of the national championship law school and remains in the possession of that law school until next year’snational competition.

The law schools for the national championship team, the finalists, the semifinalists,and the quarterfinalists will receive silver bowls. The bowls are engraved andremain permanently in the possession of each law school. Each member of thenational championship team will also receive silver bowls.

Each team member advancing to the national competition will receive an ACTLLewis Powell medallion for excellence in trial advocacy and a Certificate ofAchievement.

The ACTL Kraft W. Eidman Award consists of $10,000 to the national championshiplaw school and a plaque to each member of the team. This generous award isendowed by Fulbright & Jaworski, L.L.P.

The law firm of Beck Redden, L.L.P. presents a $5,000 award to the runner-up law school.

Polsinelli Shughart P.C. presents $1,500 to each semifinalist law school.

The best oral advocate is awarded the George A. Spiegelbert Award, donated byFried, Frank, Harris, Shriver & Jacobson, L.L.P.

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1978Loyola University of

Chicago School of LawLinda A. Wawzenski

1979Syracuse University

College of LawEileen Cohen

1980Baylor University

School of LawTimothy Herron

1981Samford University

Cumberland School of LawJack W. Stewart


College of LawDavid Abernathy

1983Washington University of

St. Louis School of LawCathy Gilbert


Cumberland School of Law

Mark Rowe

1985University of Texas

School of LawJerry Galow

1986Washington University

in St. Louis School of Law

Mark Lynch

1987California Western

School of LawBruce McDonald

1988I.I.T./Chicago-Kent,

College of LawPeter Roskam


Cumberland School of Law

Jay Colling

1990Stetson University

College of LawMarie L. DeMarco


School of LawGreg Reed

1992Northwestern University

School of LawMark Niemeyer

1993Notre Dame Law School

Frank J. Kros

1994Stetson University College

of LawDavid Paul

1995Temple University School

of LawLucas Reiter

1996Loyola University-Chicago

School of LawJeffrey A. Soble


School of LawJennifer E. Ancel

1998Temple University School

of LawKevin Toth

1999Loyola Law School

Los AngelesMargaret P. Stevens


Stone Grissom


of LawCarl Mitchell

2002Northwestern School of Law

Christopher L. LaVigne

2003 St. John’s University

School of LawKareem R. Vessup


of LawRena Upshaw-Frazier


Los AngelesMelissa Lyons

2006University of Arkansas

School of Law- FayettvilleSach Oliver

2007Chicago-Kent College

of LawKeya Rajput


of LawJoshua Jones

2009University of Kentucky

College of LawChristopher E. Schaefer

2010Stanford Law School

Rakesh Kilarw


of LawRyan Nolte

2012Baylor University School

of LawMark Walraven

2013Georgetown University

Law CenterL. Lars Hulsebus

Past Recipients of the Spiegelberg Award

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1976Harvard Law School

Michael FeldbergEric Zagrans


College of LawBrynley James, IIIRichard Palumbo

Robert Wales


School of LawDavid C. Kent

Max A. Sandlin, Jr.Robert W. Woody


College of LawEileen Cohen

Mae D'AgostinoJames Priest


School of LawJoseph Norman Johnson, Jr.

Mark Kenneth Patterson


Cumberland School ofLaw

Charles R. MaloneJack W. Stewart

1982Texas Tech University

School of LawCharles B. Frye

Murray HensleyMarty Rowley

1983Washington University of St. Louis School of Law

Cathy GilbertDavid Mason

1984Samford UniversityCumberland School

of LawOttie AkersMark RoweHill Sewell


School of LawJerry GalowPaul Heard

Robert Lapin

1986Washington University of St. Louis School of Law

Harry Haytayan, Jr.Mark Lynch

1987California Western

School of LawPeter Bertling

Bruce McDonald

1988I.I.T./Chicago-Kent

College of LawJoel Daly

Lauretta HigginsPeter Roskam


College of LawCarol E. McMurry

Charles A. Samarkos


College of LawMarie L. DeMarco

Jennifer S. EdenDouglas T. Noah


School of LawNick Pittman

Greg ReedMark Walters


School of LawKate KennellyJudith Krieg

Mark Niemeyer


Dominique ComachoFrank J. Kros

Edward Sullivan


College of LawAngelo M. Patacca, Jr.

Karen A. Williams

1995Temple University

School of LawRobert E. Kelly

Lukas Reiter

1996Loyola University-Chicago

School of LawMatthew Scott Miller

Jeffrey A. SobleRobert D. Sweeney


School of LawJennifer E. AncelGlen G. McGorty

Dana R. Poole


School of LawBryan FortayKevin Toth


School of LawMichael Lovell

Amber Van Hauen


Shazzie NaseemRyan RedmonTamara Walker


College of LawThea Dalkalitsis

Carl Mitchell

2002Northwestern School of Law

Terra Leigh BrownWilliam J. Dennison II

Christopher L. LaVigne

2003St. John’s University

School of LawEon R. Smith

Kareem R. Vessup

Past National Champions

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2004University of Houston

Law CenterMichelle Benavides

Eddie BerbarieJulie Gray


Los AngelesMelissa Lyons

Kathryn McCannBrian Ward


Los AngelesKimberly GreeneCourtney Yoder


of LawJoshua JonesKeya Rajput


of LawMark GriffinJoshua Jones

2009Baylor Law School

Joel BaileyEric Policastro


of LawBrock JohnsonKatelyn Knallt

Trina Sams


School of LawKarim Basaria

Andrew CrowderClare Diegel

2012Baylor University School

of LawSteven Lopez

Mark Walraven

2013Georgetown University

Law CenterL. Lars Hulsebus

Amanda Tuminelli

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Notes

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