Minutes August 10, 2005

The Executive Committee of the Litigation Section met on Wednesday, August 10, 2005 at 8:00 a.m. at the Utah Law & Justice Center in Salt Lake City.

Executive Committee members present were:

• Nate Alder (non-member, Bar Commission liaison)
• Wayne Klein
• Sammi Anderson
• Elaina Maragakis
• Lee Curtis
• Willis Orton
• John Hafen
• Bryan Pattison (by speakerphone)
• Ryan Harris
• Mike Petrogeorge
• Judge Dino Himonas
• Dan Steele
• Judge Randall Skanchy was unable to attend.

1. Minutes/Financial Report Minutes of the June 2005 Meeting were approved. Dan Steele outlined recent financial matters. Dan noted the recent expense associated with the NITA trial program. The current fund balance is $82,785.16.

2. Leadership Changes Elaina Maragakis noted the leadership change. Elaina will serve as Chair, Ryan Harris as Chair-Elect, Dan Steele as Treasurer and Sammi Anderson as Secretary. Elaina will send notice to the Bar identifying the new officers. The Executive Committee expressed warm appreciation to Lee Curtis and Wayne Klein for their service as officers.

3. Quarterly E-mail Elaina Maragakis will compile and send the quarterly e-mail.

4. Report on July 6th Quarterly Luncheon Sammi Anderson reported that the luncheon was full to capacity. Frank Carney did a tremendous job moderating the event and thanks were expressed to Frank. The panel and ensuing discussion regarding changes to the state rules as they apply to expert witnesses was lively and engaging.

5. Report on Annual Convention Elaina Maragakis and Mike Petrogeorge reported on the Annual Convention. The litigation track sections were well attended. The section on structured settlements and employment law particularly so. Appreciation was expressed to Mike Petrogeorge for preparing the litigation CLE tracks and chairing the Convention.

6. Funding Requests

a. UMBA requested $2,500 for their annual event. The Committee approved a donation of $1,500. Elaina Maragakis will contact UMBA and determine how the donation should be allocated.

b. Professor Flynn Antitrust Symposium The Committee approved a donation of $750 to the Utah Law Review for the Antitrust symposium honoring Professor Flynn. Sammi Anderson will make sure the Utah Law Review receives its check and will ensure that the Section banner and logo are displayed during the event in February 2006.

7. Quarterly Luncheons in Different Venues Discussion was had regarding whether to hold quarterly luncheons in different venues. The decision was made to foster contacts within the different regional bars and convey our willingness to sponsor CLEs locally. In addition, discussion was had concerning whether to recruit an individual from Utah County and other regional bars to serve as members of the Executive Committee. Mike Petrogeorge will obtain a leadership list for the regional bars. At the September meeting, the Committee will discuss potential CLEs and recruiting new members to serve on the Committee.

8. Upcoming CLEs

a. Appellate Practice The Section is co-sponsoring this CLE with the Appellate Section. It will occur on September 16, 2005 at the Utah Law & Justice Center. Mike Petrogeorge will follow-up and make sure the banner is displayed during the seminar.

b. Golf CLE Bryan Pattison and Dan Steele reported that this CLE is ready to go. The topic will be recent developments in litigating land use, zoning, government liability and eminent domain issues in Utah. The two presenters will be Craig Call, the property Ombudsman from the State of Utah, and David Church from the League of Cities and Towns. The event will take place on October 21, 2005 at Sunbrook Reception Center in St. George, Utah. The event is co-sponsored by SUBA. It will include 3 hours CLE credit. CLE only will be free to Section members. CLE with golf will be $45.00 to Section members. Non-Section members will pay approximately $105.00. This event will also serve as the next quarterly luncheon.

c. Fall Forum Elaina Maragakis reported that the Fall Forum is set to take place on November 11, 2005 at the Utah Law & Justice Center. The litigation track will be based on the NITA trial seminar and will include sections on opening argument, direct examination, cross examination, closing argument and jury selection.

d. Evening with Third District Judges Willis Orton and Dan Steele reported that this event is ready to go. It will take place November 15, 2005 at the Utah Law & Justice Center. A light dinner will be served at 5:30 p.m. with the CLE presentation to take place from 6:00 to 8:00 p.m. The panelists will be Judge Iwasaki, Judge Roth and Judge McCleeve. The judges will speak about their personal preferences in the courtroom. Connie Howard will handle the advertising. The suggestion was made that either Willis or Dan demonstrate how to access the judge's bench books at the outset of the seminar. Discussion was also had whether this CLE should be exported to different regions of the Bar.

e. Evidence Seminar John Hafen reported that this seminar will take place on December 16, 2005. The presenters will be Judge Benson and Professor Mangrum.

9. Bench Books Ryan Harris reported that four additional judges have been added. Only ten state court judges have not returned questionnaires.

10. Bylaws Elaina Maragakis reported that she is working on revising the Section Bylaws. Elaina will circulate an e-mail to Committee members identifying structural issues that need to be addressed in the revision. Members will review the e-mail and the Bylaws will be discussed at future meetings. Nate Alder noted that the Bar Commission would like each section to insert a line in their Bylaws identifying a particular officer that will attend the government relations committee meetings during every legislative session.

The meeting adjourned at 8:55 a.m. The next meeting will be held on Wednesday, September 14, 2005, at 8:00 a.m. at the Utah Law & Justice Center.

DATED this 14th day of September, 2005.

For the Executive Committee

__________________________________________
Sammi Anderson
Secretary