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Preserving Issues In The Trial Court

SKU: LIT1100
Total Credits
1 - 1.2
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While no attorney prepares to lose at trial, they are required to prepare for that possibility. Attorneys not well-versed in the rules and regulations of the appeals process may not realize the importance of preserving issues from the very beginning. From the original plea to the conclusion of trial, preserving issues is one of the most critical features in determining the course of a future appeal and failure to preserve might doom an appeal at the outset.

This informative CLE course will explore the appeals process and the rules and regulations that hinge on the pre-emptive preservation of issues. The course will discuss the critical nature of preservation, which issues should be preserved, waiver, pleadings, discovery motions, dispositive motions, motions in limine and much more.

Lecturer Bios

Kimberly A. Boyer-Cohen, Esq.

Kimberly's legal practice is devoted solely to post-trial and appellate advocacy, dealing with a wide variety of substantive matters including professional malpractice, civil rights litigation, products liability, employment law and premises liability. In her capacity as an appellate attorney, Kimberly has handled over 70 appeals, including oral arguments when necessary before the Pennsylvania Superior Court, Pennsylvania Commonwealth Court, Pennsylvania Supreme Court and the Third Circuit Court of Appeals.

In 1992, Kimberly graduated from Penn State University with a B.S. in Labor and Industrial Relations. After working for several years in the area of human resources, she attended Temple University School of Law where she received her juris doctor in 1999. While at Temple, Kimberly was involved in the Moot Court Honor Society and the Women's Law Caucus and served on the executive board of both organizations.

Kimberly is admitted to practice in Pennsylvania and New Jersey, as well as before the Third Circuit Court of Appeals and the Sixth Circuit Court of Appeals. She is a member of the Temple American Inn of Court and the Philadelphia Bar Association, where she is active in the Women in the Profession Committee and the Appellate Courts Committee. Also at the Pennsylvania Bar Association, Kimberly is involved in the Commission on Women in the Profession and the Post-Trial and Appellate Practice Committee.

Prior to joining Marshall Dennehey in 2001, Kimberly worked for a Philadelphia law firm where her practice focused on construction litigation, labor and employment law and defense litigation.

Shane Haselbarth, Esq.

Shane is a member of the firm's Post-Trial and Appellate Advocacy Practice Group. In this role, he handles all aspects of briefing and argument in federal and state appellate courts, and is also routinely tasked with assisting trial teams with the preparation and presentation of briefing and argument in support of pre-trial motions and post-trial motions. The appellate team at Marshall Dennehey also provides critical support to attorneys at trial to ensure that pitfalls are avoided and all appellate issues are preserved for clients. Serving as appellate lead counsel and trial-level support counsel allows Shane to handle cases of all varieties, including civil rights and municipal liability, negligence, construction accidents, professional malpractice, products liability, toxic torts, and class actions.

Prior to joining the firm, Shane served as a law clerk for one year for the Honorable D. Brooks Smith, of the United States Court of Appeals for the Third Circuit. This followed a two-year clerkship for the Honorable William J. Zloch, of the United States District Court for the Southern District of Florida. In both chambers, Shane was responsible for managing the portion of the judges' docket(s) assigned to him, drafting opinions and orders, and preparing the judges for argument and trial.

Shane is admitted to practice in the Commonwealth of Pennsylvania, the State of New Jersey, the United States District Court for the Eastern District of Pennsylvania and the United States Court of Appeals for the Third Circuit.

Carol A. VanderWoude, Esq.

Carol serves as special counsel, dedicated to legal research and writing for the firm's Appellate and Post-Trial Advocacy Practice Group. Her areas of practice include product liability, premises liability, personal injury defense and toxic tort. Carol's practice focuses on conducting research and drafting substantive motions and briefs for senior attorney's throughout the firm on a variety of legal issues at various stages of litigation.

Prior to joining Marshall Dennehey, Carol worked as a staff attorney for the United States Court of Appeals for the Third Circuit, where she drafted memoranda of law and opinions on legal issues including habeas corpus, civil rights, employment, bankruptcy, securities and tax law.

Carol graduated from California State University, San Marcos, magna cum laude, with a Bachelor of Arts in political science. She subsequently attended American University, Washington College of Law, where she obtained her juris doctor, cum laude, in 2001. While attending law school, she taught legal research and writing and served as a member of the American University Law Review.

John J. Hare, Esq.

John is an experienced appellate attorney who serves as chair of the firm's Appellate Advocacy and Post-Trial Practice Group. He has litigated more than 300 appeals in state and federal appellate courts. His diverse practice includes cases involving professional malpractice, civil rights claims, product liability, toxic torts, construction accidents, employment claims and premises liability. In addition to litigating cases in the appellate courts, he is actively engaged in developing and implementing trial and appellate strategy, prosecuting and defending pre-trial, trial and post-trial motions, and acting as appellate counsel on trial teams in high-exposure cases. John also frequently speaks on appellate topics and has submitted amicus curiae briefs to appellate courts on behalf of various organizations.

Along with former Pennsylvania Superior Court Judge Patrick Tamilia, John was commissioned by the Superior Court in 1995 to draft a comprehensive history of the Court to commemorate its Centennial Anniversary. The book, entitled Keystone of Justice: The Pennsylvania Superior Court, 1895-1995, was published by the Commonwealth of Pennsylvania in 2000 and is one of the nation's leading studies of a state appellate court. John also formerly served on the Board of Governors of the Bar Association of the Third Federal Circuit.

Every year since 2008, John has been recognized by Law & Politics/Philadelphia Magazine as a Pennsylvania Super Lawyer in the area of appellate practice, a distinction applied to five percent of Pennsylvania attorneys based upon a peer selection and evaluation process. John also has an AV Preeminent (5.0/5.0) rating by Lexis Nexis Martindale-Hubbell, the highest possible rating for professional competence.

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