Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast
Direct Examination: Asking Questions in the Right Order
Podcast - The Basic Elements of Direct Examination
Tips for Conducting Remote Trials
Benefits of Remote Trials
Law Brief®: Hon. Norman St. George and Richard Schoenstein Explore Virtual Court Proceedings
Pending Supreme Court PTAB cases
When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...more
About 40 years ago, a son and his mother first teamed up to invest in purchasing and managing over a dozen buildings in New York through 4 co-owned entities, each owned on a 50/50 basis. Fast forward several decades and the...more
Q.D.S. Development, Inc. v. National Lining Systems, Inc., 2024 WL 357984 (Fla. 3d DCA Jan. 31, 2024) - It is common in construction disputes between sophisticated parties for the parties to agree to engage in a bench trial,...more
Judges represent not only their judicial office, but also the legitimacy of the judicial branch as a whole. For many Americans, their only interaction with the legal system may come from a single trip to the courthouse. This...more
Over the past five plus years, the Missouri legislature has continued to grant insurer’s new rights and protections. This includes requirements for time-limited demands, interpleader protections and the ability to intervene...more
In In re Poe Trust, a co-trustee of a trust filed suit to modify the trust to change distribution provisions, increase the number of trustees, and change the method for trustees to vote on issues as well as other...more
On January 18, 2024, the U.S. Bankruptcy Court for District of South Carolina entered judgment, after a bench trial, in favor of minority shareholders of a debtor whose liquidating trust had sued to recover dividend payments...more
Luv N’ Care, Ltd. v. Lindsey Laurain, Appeal Nos. 2022-1905, -1970 (Fed. Cir. Apr.12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands...more
In the latest episode of the "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares insights on strengthening direct examinations. He stresses that every question should advance testimony in a...more
In this episode of "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small outlines the basics of an effective direct examination. He walks listeners through the six key elements of a well...more
Do trial courts have the inherent authority to dismiss a claim under the Private Attorneys General Act (PAGA) on the grounds of manageability? No, the unanimous California Supreme Court recently concluded....more
On May 2, 2023, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in HIP, Inc. v. Hormel Foods Corp. that reversed a district court’s decision to grant plaintiff’s request to have their employee...more
It’s unlikely the extended Evenstad family, former owners and heirs of the Upsher-Smith company, will be celebrating Thanksgiving together this year. After all, the last time the family got together was likely for the 16-day...more
A high-level IT worker who claimed he was discriminated against because of his medical condition was not entitled to a jury trial or monetary damages for his retaliation claim under the Americans with Disabilities Act (ADA)....more
Lawsuits bringing fiduciary claims under ERISA continue to surge, but trials remain a rarity. Against that backdrop, Nunez et al., v. B. Braun Medical Inc. et al. stands apart. The 63,000-member class action lawsuit alleged...more
In our blog post discussing the Court of Appeals opinions issued February 7, 2023, we addressed two cases explaining how trial courts must have subject matter jurisdiction in order for a plaintiff to access the court. In its...more
More than two years into the Covid-19 pandemic, the Commercial Division Advisory Council (“CDAC”) has proffered an amendment to the Commercial Division Rules that reinforces a court’s authority to order virtual proceedings...more
Justice Borrok of Manhattan’s Commercial Division presided over a bench trial between a contractor and a sub-contractor concerning payments connected to work on New York City Housing Authority’s (NYCHA) Harlem River Houses....more
In January, the Social Law Library sponsored the Business Litigation Session 2021 Year in Review. The panel included Judge Kenneth Salinger, the BLS Administrative Justice, as well as Michael Tuteur and Andrew Yost, attorneys...more
We recently wrote about the pros and cons of the virtual deposition, a mechanism which saw its use burgeon during the pandemic. Epstein Becker & Green’s Managing Director, James P. Flynn, has taken the virtual experience to...more
Los Angeles County Superior Court just announced its Bench Trial Pilot Program directed toward personal injury cases assigned to the PI Hub at Spring Street Courthouse, and it is not hard to see that this program may be the...more
Donors make contributions to donor-advised funds (“DAFs”) for a variety of reasons. One is that DAF rules permit the donor to make the contribution in the current year (which entitles the donor to a deduction in that year),...more
On the latest Law Brief® episode, “Order in the Online Court!,” Hon. Norman St. George, the Chief Administrative Judge for Nassau County joins partner and host Richard Schoenstein to discuss the New York State Courts'...more
On February 11, 2021, the New York State Unified Court System issued Virtual Bench Trial Protocols and Procedures (“Protocols and Procedures”) in light of the ongoing Covid-19 pandemic....more
Often–at least in the legal field–a good-faith mistake can be reversed. A privileged document is inadvertently produced in discovery; it can be clawed back. An email to the team is accidentally sent to opposing counsel;...more