Trial Plan

News & Analysis as of

12 Steps to an Effective Mock Trial

While the mock trial has become standard operating procedure in the preparation of a high-stakes jury trial, it is rarely used in the preparation of a bench trial or arbitration. As bench trials and arbitrations often...more

Opening Statement: Our Members Share Their Secrets for Success

Two of my recent columns in Litigation— “Five Traits of the Best Lawyers I Know” (Fall 2013) and “Fourteen Tips to Make You a Better Litigator” (Spring 2014)— invited Section members to share your own practical tips for...more

Trial Strategy Partnership: Unique Issues in Preparing Class Actions for Trial

This continues our series of blog posts on trial preparation and presentation as related to class actions. Preparing to try a class action case, in general, encompasses all of the issues and concerns inherent in trying...more

Seventh Circuit Holds That FLSA and Rule 23 Certification Standards Are the Same and Affirms Denial of Certification Based on Lack...

A recent opinion by the Seventh Circuit holds that the standard for certifying a collective action under the FLSA is the same as the standard applied to a class action under Rule 23....more

New 7th Circuit Opinion Explains Plaintiff's Obligation to Have a Trial Plan to Maintain Class Certification

On February 4, 2013 in Espenscheid v. DirectSat USA, LLC , a Seventh Circuit panel unanimously affirmed a Wisconsin District Court judge's decision to decertify a large off-the-clock overtime class action. Judge Richard...more

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