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Mock Trials Damages

Holland & Hart - Your Trial Message

Defendants, Frame Your Alternate Damages as a Test, Not an Admission

Here’s a scenario we often see when watching deliberations in a mock trial: The subject of the defendant’s alternate damages number comes up, and jurors see it as a weakness...more

Holland & Hart - Your Trial Message

When You Concede Liability, Make Sure You Concede With Benefits

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

Holland & Hart - Your Trial Message

Stop Speculating on Your Damages Exposure

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

Holland & Hart - Your Trial Message

Trust (but Guide) Your Jurors on Damages

How many times have you heard that a jury — especially a jury that is deliberating about damages in a civil case — is about as predictable as the lottery? The broad perception is that as jurors arrive at figures in the...more

Holland & Hart - Your Trial Message

If It Ain’t Broke, and You Fix It, Take Care with What the Jury Learns About It

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

Holland & Hart - Your Trial Message

Aim Your Damages Defense at a Motivating Principle

On the virtual pages of this blog, I’ve long been a proponent of the idea of treating audiences for legal persuasion as active, not passive. What I mean by that is that they’re not just receptacles for your arguments, they...more

IMS Legal Strategies

Integrated Case Themes & Nuclear Verdict Causes – Episode 46

IMS Legal Strategies on

IMS Strategy Consultant Dr. Clint Townson discusses the benefits of early case theme development and the factors leading jurors to award massive damages....more

Holland & Hart - Your Trial Message

The Punishment Profile: Know the Situational Triggers

From the time we were kids, most of us swiftly learned what was likely to get us punished: a spanking or — for more recent generations — a time out. Usually, that was brought out by something we did, or by the situation we...more

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