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Right for the Wrong Reason - Reversal Requires More Than Just an Error

Challenging an adverse judgment on appeal is an uphill battle from the start. A major part of winning an appeal requires demonstrating that an error occurred and confirming that the error was properly raised in the trial...more

Getting It Right The First Time: Presenting A Persuasive Argument Without Relying On The Court’s Familiarity With The Facts Or The...

Even apart from the importance of assuring appellate review, properly preserving the record and carefully laying out one’s argument can have an immediate impact at the trial level. Very often, a litigator comes across a...more

How to Properly Join in a Co-Party’s Brief or Motion to Avoid Waiver Issues

Joining in a co-party’s brief or motion can be cost effective, but the careful litigator should make sure to explain to the court how the other party’s arguments apply to your client. Failure to do so may result in waiver, as...more

What Exactly Was Excluded? Proffering Expert Opinions to Preserve Daubert/Frye Challenges

Most practitioners would agree that, if the court excludes an expert based on a Daubert challenge—and that is the only expert opining on a subject—then in most instances there should be no need to proffer the expert’s...more

Strategies In Class Action Engagement: Complimentary Roles Of Inside And Outside Counsel

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Inside and outside counsel should have different but complimentary roles in...more

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