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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Wednesday, May 19, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE course will review the many common law and statutory exceptions to the independent contractor defense that defendants routinely assert in wrongful death and other types of personal injury cases. The program will explore how these exceptions are evolving with changing work platforms, how personal injury attorneys can leverage these exceptions, and what counsel for the company, the contractor, and other defendants can do to shore up their position that the negligent party is truly independent.

Faculty

David Michael Conner
Founder and Managing Partner
Conner Law Group, PC

Mr. Conner specializes in commercial, business and construction litigation and related business organization and planning as well as the prosecution of catastrophic personal injury cases. He has earned recognition as one of Georgia's most respected attorneys, and he has been peer selected as a Georgia Super Lawyer (since 2006), Best Lawyer (since 2007), Georgia Trend Magazine's Legal Elite and invited to be a member of the National Trial Lawyer's Top 100 Trial Lawyers. Mr. Conner is also a fellow in the Litigation Counsel of America (www.trialcounsel.org) and an invited member of the Council on Litigation Management (www.theclm.org). Related to his work in the personal injury field, he is a member of the Million Dollar Advocates Forum and the Multi Million Advocates Forum. The Conner Law Group has been recognized by U.S. News & World Report as a "Best Law Firm." Mr. Conner also serves as the City Attorney for his hometown of Jesup, Ga.

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Mark A. Tate
Trial Attorney
Tate Law Group, LLC

Mr. Tate has over 21 years of experience in the field of civil litigation. He began his career in law as a corporate defense attorney, but his true passion quickly compelled him to represent individuals, instead of large organizations. Mr. Tate’s record of multi-million dollar settlements and verdicts won for his clients distinguishes him as a master trial attorney. In addition to owning his practice, he now serves as a legal consultant for LawNewz.com.

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D. Matthew Centeno
Attorney
Burr & Forman LLP

Mr. Centeno practices in Burr & Forman's Tort Trial, Insurance and Product Section (TIPS): Risk Mitigation and Complex Litigation Practice Section where his practice focuses on the defense of toxic tort, product liability, and personal injury claims. He defends companies in complex "bet the company" litigation. Mr. Centeno also represents manufacturers and developers in federal and state law claims involving complex environmental litigation.

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Description

The general rule is that a business is not liable to third parties for an independent contractor's negligence. Since many businesses use third parties to provide their services, the independent contractor defense remains one of the most prolific defenses in personal injury, wrongful death, and other tort cases.

The numerous exceptions to the general rule that arise both in common law and by statute create traps for defendants and opportunities for plaintiffs. First and foremost, the agreement between the company and the contractor may be poorly drafted, out of date, or nonexistent, offering little protection. Sometimes, the independent contractor status may have been contrived to avoid responsibility using a labyrinth of contractor business relationships and shell companies. If the defendant is perceived as attempting to avoid responsibility, it may not fare well.

Just because one exception does not cause the defense to fall, the defendants cannot let their guard down, and plaintiffs should not surrender. Often various common law exceptions, statutes, regulations, and other ordinances can be woven together to pierce the defense or shore it up in many different types of personal injury matters.

Listen as this experienced panel guides counsel through the independent contractor defense and its many exceptions in the context of personal injury claims.

Outline

  1. Overview of the general rule
  2. Exceptions to the general rule
  3. Strategies for plaintiffs
  4. Strategies for defendants

Benefits

The panel will review these and other key questions:

  • What are the most important provisions in an independent contractor agreement that make or break the defense?
  • What is the test for an independent contractor in the context of personal injuries?
  • Does it matter if a defendant is or is not an independent contractor for purposes of labor laws?
  • Are there certain harms for which the defense cannot be asserted?
  • How has the defense been altered by the "gig" economy?