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Jury Trial

Holland & Hart - Your Trial Message

Be Ready for a Reptile-Reboot

The “Reptile” approach to trying civil cases by targeting a fear response has transitioned from being a novelty to being a mainstay in a little more than a decade. While the approach has not always been taken seriously by...more

Holland & Knight LLP

Opening Statements: Common Mistakes

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses some common mistakes that lawyers tend to make in opening statements. As he explains, although there’s no such thing...more

Troutman Pepper

Innovative Jury Strategies and the Power of Preparation — FCRA Focus Podcast

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In this episode of FCRA Focus, join host Dave Gettings and fellow partner, Jason Manning, as they delve into Jason’s recent experiences trying a consumer case in front of a jury. Jason and Dave discuss the impact of...more

Farrell Fritz, P.C.

Rare as a Dodo: Bifurcation in Business Divorce Trials

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Jury trials in business divorce litigation are uncommon. Bifurcated business divorce jury trials are all but nonexistent. But in Aronov v Khavinson (81 Misc3d 1242(A) [Sup Ct, Kings County Feb. 9, 2024]), we encounter the...more

Mandelbaum Barrett PC

Credibility Is Key to Every Successful Trial

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Prior to the civil fraud trial brought by New York Attorney General Letitia James, Donald Trump’s credibility had already taken a big hit in the two lawsuits brought by E. Jean Carroll (“Carroll”), claiming sexual assault....more

Maron Marvel

White Paper: Navigating the Growing Risk of Large and Nuclear Verdicts

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The risk of a large verdict has always been a major factor in any litigation. In recent years, the potential for a punitive damages instruction reaching a jury and a consequent verdict has grown as well. US juries have not...more

DRI

The Case for Scientific Jury Experiments

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For decades, litigators have relied on focus groups. While this approach can help identify issues for further exploration, attorneys often use focus groups to shape trial strategy or even predict outcomes. But focus groups...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 8: The Benefits of a Mock Jury with Dr. Jo Ellen Livingston

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This week, hosts Tina and Jennie welcome Dr. Jo Ellen Livingston, co-founder of Livingston & Shepherd Trial Consulting, where she advises clients on all aspects of the trial process, including in the areas of labor and...more

Holland & Hart - Your Trial Message

Encourage Juror Note-Taking (and Take Notes Yourselves)

By Dr. Ken Broda-Bahm: In our increasingly digital world, the idea of taking notes the old-fashioned way with paper and pen can feel quaint. Yet, many of us still do it. For those jurors who are permitted to take notes, they...more

Littler

California Supreme Court Strengthens Enforcement of Jury Trial Waivers

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On February 26, 2024, the California Supreme Court issued its opinion in Tricoast Builders, Inc. v. Fonnegra, No. S273368 (Cal. Feb. 26, 2024). For employers, the most important takeaway from this case is that the court held...more

Holland & Knight LLP

Opening Statements: The Prohibition Against Argument

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the frequently stated rule that an opening statement is intended to be only a summary of the facts, not an argument....more

Holland & Hart - Your Trial Message

Expect Jurors to Mix Fact and Opinion

By Dr. Ken Broda-Bahm: The distinction between what is fact and what is opinion is arguably one of the most fundamental distinctions in law. But in practice, it is actually a lawyer’s distinction. In the real world, and in...more

Marshall Dennehey

Pennsylvania Supreme Court Rules that Evidence of Product’s Compliance with Governmental Regulations or Industry Standards Is...

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Michael and Melissa Sullivan v. Werner Company, et al., No. 18 EAP 2022, 2023 WL 8859656 (Pa. 2023) - The plaintiff was injured at a jobsite when the platform of a six-foot tall mobile scaffold collapsed, causing him to fall...more

Holland & Knight LLP

Opening Statements: Telling the Story

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small outlines the importance of connecting with jurors from the beginning of the trial. He explains that an important aspect of drawing...more

Holland & Hart - Your Trial Message

Improve Voir Dire: A Trump-Jury Example Script

In just over a month, barring any unforeseen delays, New York prosecutors and attorneys for criminal defendant Donald J. Trump will be picking a jury in what’s become known as the “hush money” case. The March 25th trial...more

Marshall Dennehey

Trial Court Should Have Permitted Jury Instructions as to Driver’s Duty to 'Exercise Due Care' and Traveling in Excess of Speed...

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Goddard v. J.S.J. Unlimited, LLC, 368 So.3d 109, 2023 WL 4982324 ((Fla. Dist. Ct. App. Aug. 4, 2023) - This case involved a defense verdict where the trial court denied the plaintiff’s requested jury instructions as to a...more

Epstein Becker & Green

Inconsistent Verdicts Don’t Negate Double Jeopardy in Blocking Murder Case Retrial - SCOTUS Today

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Most readers of this blog rarely, if ever, become involved in homicide cases. Nevertheless, the Supreme Court’s essentially unanimous decision in McElrath v. Georgia should be of interest because it deals with the issue of...more

Holland & Knight LLP

Openings of Openings

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small describes different approaches to opening statements in a trial, outlining three common styles: dramatic, theme-oriented and...more

DRI

GoSueMe: The Broken Promises of Third-Party Litigation Funding

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Forget cryptocurrency—there is another kind of investment making the news in recent years, and it is one creating some major headaches for corporate defendants: litigation funding....more

DRI

[Event] Drug and Medical Device Seminar - May 20th - 22nd, Washington, DC

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Join us in Washington D.C. for the Drug and Medical Device industry’s premier event for learning, networking, and advancing the defense of life sciences clients! You’ll hear from heads of litigation from the world’s foremost...more

Jenner & Block

Illinois Civil Practice Guide - 2024 Edition

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I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A....more

Weber Gallagher Simpson Stapleton Fires &...

Empowering Employer Representation: Key Ruling Enhances Rights of Employers in New Jersey

In the recent unpublished case, Labega v. Joshi, 2024 N.J. Super. Unpub. LEXIS 157, the New Jersey Appellate Division issued a decision that is favorable for all employers in the State. The Court held that where an employer...more

Holland & Knight LLP

The Basics of Opening Statements

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Litigation attorney Dan Small continues his insightful "Trial Lawyer's Handbook" podcast series with a new episode focused on opening statements. Drawing from his extensive trial experience, Mr. Small offers practical tips...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 Design Patents Year in Review: Analysis & Trends: U.S. District Courts: Significant Design Patent Cases on District Court...

2023 was another busy year for district court decisions! There were patent- and case-dispositive design patent decisions across a range of venues and at a range of case postures, including claim construction rulings, summary...more

Holland & Hart - Your Trial Message

Fish for a Good Cause Challenge

In my work, I get to watch many attorneys go through the practical rituals of jury selection. A big part of the job is looking for, setting up, and executing challenges for cause when there are reasons to doubt potential...more

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Updated: Dec 28, 2021:

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Privacy Officer
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Sausalito, CA 94965

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