- videocam On-Demand
- card_travel Personal Injury and Med Mal
- schedule 90 minutes
Litigating Parallel Personal Injury Cases and Criminal Prosecution
Managing the Competing Interests of Defendants, Injured Parties, Insurance Carriers, and Law Enforcement
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Description
Many cases involve simultaneous criminal, civil, and regulatory actions arising out of the same events against individuals personally involved in an incident, company executives or manager, and even companies themselves. Trucking and commercial vehicle accidents, auto accidents, fires, floods, structural collapses, and environmental incidents, for example, can spawn both civil lawsuits and criminal prosecution.
Discovery in the civil case may be the genesis of criminal prosecution. Defendants should reasonably anticipate that documents and reports disclosed in the civil case will become evidence in criminal cases. Counsel should understand how government agencies and law enforcement conduct investigations and prosecutions.
Parallel proceedings breed competing interests between the injured parties, insurance carriers, and law enforcement creating problems for the defense. Individual defendants must be careful to protect the attorney-client privilege. Invocation of Fifth Amendment rights may damage the civil case. If the civil case is tried first, counsel must pay careful attention to protecting the criminal defendants' rights.
Listen as this experienced panel guides counsel in quickly responding in an organized and strategic way on multiple fronts and strategies for communicating and coordinating the defense of the parallel cases.
Presented By

Michael Brusca is a partner at Davis & Brusca, LLC and resides in Jenkintown, Pennsylvania. He holds a juris doctor (JD) from the Temple University School of Law. Since 2009, Michael has devoted his practice to representing vulnerable people and their families in abuse, neglect, and death cases in nursing homes, rehabs, assisted-living facilities, group homes, and hospitals. Education: JD, Temple University School of Law, 2002

Mr. Hashemi has handled a wide variety of civil & criminal cases. Ranging from a simple name change or breach of contracts, to complicated civil litigations and felonies. Mr. Hashemi has also represented thousands of Californians accused of violating their probation or parole. He has also argued and practiced before the California Court of Appeals. Mr. Hashemi is admitted to practice before all California State Courts and the United States District Court for the Northern, Eastern, Central & Southern Districts of California. He is the host of the Podcast “Hashing Out the Law“ and volunteers on a regular basis at the Mesereau Free Legal Clinic, in South Los Angeles.

Ms. Staton has more than 46 years of experience representing governmental entities, including state, counties and cities, as well as school districts and privately-held corporations. She is committed to defending clients on issues involving governmental liability, employment law, personal injury and civil rights. Ms. Staton has tried more than 75 cases to verdict in state and federal court in matters involving wrongful death and claims brought under the Americans with Disabilities Act, Family and Medical Leave Act, Title VII discrimination and sexual harassment claims and retaliation, as well as false arrest and excessive force allegations against law enforcement including pursuit cases and SWAT actions.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Thursday, August 26, 2021
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
- How parallel civil and criminal matters may arise
- How government agencies and law enforcement investigate
- Fifth Amendment privilege
- Work product and attorney-client privilege
- The preclusive effect of one case on the other
Benefits
The panel will review these and other pivotal issues:
- How do government agencies and law enforcement conduct investigations and prosecutions?
- What kind of discovery from the criminal case is available to the civil litigants?
- When may the client exercise the Fifth Amendment right to remain silent in the civil proceeding?
- Which case should be resolved first, and what factors should be considered?
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