Trial Strategies

What We May Learn from the Myriad Oral Argument

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 4/19/2013

The U.S. Supreme Court heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. on Monday, and many have commented on the Court's interrogation of the parties' representatives (and the government)...more

Cross-Examinations In The Jodi Arias Trial

by Michael Volkov on 4/19/2013

With all the attention on the Jodi Arias trial, I think it is worthwhile to identify good and bad trial practices. I will try to refrain from lengthy criticisms but there are some points to be made....more

Motions In Limine: Uses, Abuses, And Pitfalls

by Jeffrey Cohen, Joshua Moore | Carlton Fields on 3/29/2013

Motions in limine (“on or at the threshold” or “in the beginning”) are often a trial lawyer’s best friend and “can be a potent weapon when used properly and at the appropriate stage of litigation.” David Paul Horowitz, In the...more

The Patent Legal Malpractice Implications of “Walker Process” Antitrust Claims

by Paul D. Swanson | Lane Powell PC - Intellectual Property Law &... on 3/5/2013

As experienced trial lawyers know, successfully trying or defending a case is all about presenting a compelling, understandable theme and narrative that comports with a judge and jury’s common sense and experience....more

Very superstitious: Good or bad, our superstitions and “spidey-senses” give us confidence

by Miles Cooper on 2/14/2013

Originally published in Plaintiff Magazine, February 2013 In the cold early morning, with pockets of mist clinging to the ground, a fox ran across the street on our way to trial call. It got to the other side, glanced...more

Tips For Trial Counsel On Planning, Preparation And Preservation: Creating Defensible Jury Instructions And Planning For A Charge...

by Cristina Alonso, Sylvia H. Walbolt | Carlton Fields on 2/12/2013

Jury instructions are the mechanism that provides the jury with the proper legal structure to analyze the evidence that has been presented at trial. Without proper guidance through good instructions on the law, the jury is...more

Department Zero Dark Thirty: Learning trial methods from the special forces

by Miles Cooper on 1/18/2013

Originally published in Plaintiff Magazine, January 2013 “Next, we’re going to learn about the spine.” The lawyer was giving his opening. The projector made a loud pop. Instead of a spine, darkness. Blown bulb. Anyone...more

Tips For Trial Counsel On Planning, Preparation And Preservation

by Jennifer M. McPheeters, Sylvia H. Walbolt | Carlton Fields on 12/19/2012

Litigants settle lawsuits and claims every day, for a multitude of different reasons, including purely economic ones. Litigation is costly and, as a practical matter, it may be better to pay something to make a claim go away...more

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