Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
How to Make Clear, Quick and Effective Objections
More on Cross-Examination: Building a Case Brick by Brick
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
Podcast - Refresh vs. Impeach: Know the Difference
The Justice Insiders Podcast: Jarkesy’s Implications for the Administrative State
Podcast - Cross-Examination of Expert Witnesses
Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Cross-Examination: Finding Control
DE Under 3: OFCCP Must Shut Down its Administrative Court Prosecutions as a Result of SCOTUS’ SEC Jury Trial Case Decision
Podcast - Cross-Examination: Don't Argue - Elicit Facts
Cross-Examination: Asking the Right Leading Questions
Podcast - Cross-Examination: The Importance of Organization
Understanding When to Cross-Examine
Podcast - Cross-Examination: Basic Approaches
The "Why" of Cross-Examination
Basic Points to Consider in Redirect Examination
Texas courts have recently provided guidance on what constitutes improper jury argument, focusing specifically on unsubstantiated anchoring. Trial counsel routinely use strategies to enhance the persuasiveness of their...more
In Simers v. Los Angeles Times Communications LLC, Plaintiff T.J. Simers was a well-known columnist for the Times, who after 23 years of employment, suffered a medical issue at the age of 62. Upon resuming his duties, the...more
In today’s legal landscape, the defense industry faces the unprecedented challenge of Nuclear Verdicts®. They pose a financial threat to businesses and individuals alike. It is vital for defense attorneys to embrace a...more
Sometimes in civil cases, the plaintiff’s liability claim is opportunistic, wishful, or factually weak. Other times, it is real. Someone didn’t do their job, a danger was missed, or — in that Olympic champion of passive-voice...more
Citizens Property Insurance Corporation v. Marie Avril and Clifford Romain, 4th District, Case no. 4D2022-0360, Mar. 27, 2024, Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County - The...more
Ryanair recently prevailed in a jury trial in Delaware Federal District Court when the jury determined that Booking.Com B.V. violated the U.S. Computer Fraud and Abuse Act (CFAA) by engaging in "screen scraping" of data...more
In addition to making their views known at the ballot box, citizens can similarly broadcast their sentiments in the civil jury box. While they’re asked to merely make a factual finding limited to a specific dispute, the...more
What is a Nuclear Verdict®? We have all heard news of juries awarding incomprehensible piles of money in lawsuits where the injuries and the verdict just don’t seem to add up. These cases may leave you scratching your head...more
On June 11, 2024, the United States District Court for the Eastern District of Virginia granted defendant’s motion to dismiss plaintiffs’ damages claim in a lawsuit brought by the Department of Justice and eight states...more
Chamblee Ryan, P.C. v. JBS Carrier, Inc., No. 12-23-00125-CV (Tex. App. — Tyler June 12, 2024) - Brief Summary - Plaintiff, JBS Carriers, Inc. (“JBS”), sued Chamblee Ryan, P.C. (the “defendant”) for legal malpractice related...more
All lawsuits start with the potential to someday reach the view of a jury. Yet, the jury’s perspective is often forgotten by attorneys preoccupied with discovery, motion practice, the preparation of witnesses, and the hiring...more
As civil jury trials continue to become more scarce, the need to reasonably assess what result a jury would return in trial becomes even more important. Even when the trial does not happen — especially when it does not happen...more
Can a Jury consider a Plaintiff’s medicare coverage in evaluating future medical damages claims? A California Court of Appeals held in the affirmative in David Audish v. David Macias; Case No. D081689....more
Join us for a timely seminar focused on current issues affecting those who practice in the automotive space. Gain perspective from in-house counsel regarding their business and legal concerns. Increase your...more
The premier senior living and long-term care litigation seminar returns to Chicago on September 18-20! Join us at the Hyatt Regency, just steps from the Chicago River Walk, for an event tailored specifically for defense...more
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
The adage, “If it ain’t broke, don’t fix it” carries a special meaning in litigation. It can be one of those classic “damned if you do, damned if you don’t” situations: After an injury or other tortious event, if you fix...more
I remember a recent mock trial where a jury reached the point of considering damages, and one juror threw out a number to start the discussion: “Let’s just say five million.” When another juror challenged the basis for that,...more
A federal judge in the Northern District of Illinois vacated a $228 million damages award issued following the first-ever jury verdict in an Illinois Biometric Information Privacy Act (Privacy Act or BIPA) class action and...more
Two recent court decisions in the high-profile White Castle and BNSF Illinois Biometric Information Privacy Act (BIPA) matters have created additional uncertainty about damages in BIPA matters, likely driving up settlement...more
On May 20, 2023, the Minnesota legislature amended Minnesota’s Survival of Claims and Wrongful Death statutes. The amendments extend a potential-defendant’s liability by: (1) allowing trustee-plaintiffs to maintain claims on...more
During a particularly lengthy hardship and jury selection process in the New York City Asbestos Litigation (NYCAL) court, a client brought in some interesting research his firm had conducted over the past four years in that...more
Earlier this month, a federal judge in the Eastern District of Michigan overturned a jury verdict of nearly $105 million against Ford Motor Company for breach of contract and misappropriation of trade secrets. Finding that...more
One of the most important aspects of any personal claim is establishing the extent of your damages. Proving your damages is crucial due to the fact that, contrary to what some believe, a jury does not simply pull a number out...more
Question: How did the jury arrive at the decision to award the plaintiff $20 million in damages? Actual Juror #1: We came up with a percentage approach, and that’s what we all discussed. We started with what she was asking...more