How to Make Clear, Quick and Effective Objections
Podcast - A Checklist of Common Objections
A deposition is one of the most useful discovery tools for trial attorneys. It is the only opportunity, prior to trial itself, where an attorney can question a witness about nearly everything he or she knows regarding the...more
Electronic discovery cases that made headlines in 2017 featured well-known names such as Taylor Swift and Lynyrd Skynyrd, and reached all the way to the U.S. Supreme Court. As the year draws to a close, it’s a good time to...more
On February 28, 2017, Southern District of New York Magistrate Judge Andrew J. Peck issued a warning shot, stylized as a “wake-up call,” to the SDNY Bar: comply with the now 15-month-old amendments to the Federal Rules of...more
If your practice involves discovery, chances are you have been on the receiving end (and maybe the dispensing end) of prolix boilerplate general objections in response to interrogatories or document demands. Whatever logic...more
Like many things these days, the legal landscape is changing. One target is class action litigation. Some important new proposals have the potential to dramatically alter class actions in the near future. In particular, these...more
In Byrd v. Stubbs, 190 So. 3d 26 (Miss. Ct. App. 2016), the Mississippi Court of Appeals reminded us of the need to be diligent during a charge conference by raising specific objections to a proposed jury instruction, as...more
While trial attorneys know they must preserve issues they wish to raise on appeal, they often overlook the basic steps required to help ensure appellate review. During more than 27 years on the bench, former Florida appellate...more
Wearable device data may be the next big thing in the world of evidence for employment cases since social media. Given that it has already been used in personal injury and criminal cases, it is only a matter of time before...more
Editor’s Note: Ok, we know, this is waaaay to long for a blog post. But this is just too good not to share! In our continuing effort to avoid re-inventing the wheel, getting the easy stuff down to checklists, and helping...more
Imagine a trial judge is trying to move things along at a charge conference. An issue arises, trial counsel begins to voice objections, and the judge short-circuits the discussion by saying, “Your rights are saved on the...more
Every experienced civil trial lawyer knows that when the judge rules against you on an objection at trial, you need to build a record to show that the court’s ruling was not only wrong, but harmful. For generations, and in...more
A recent case reminds litigators to be diligent in protecting their clients’ due-process rights when narrowing a case for trial or risk forfeiting the right to trial altogether. In Nuance Communications v. ABBYY USA Software...more
In a decision highlighting the importance of closely following the procedural rules for inter partes reviews (IPR), the Patent Trial and Appeal Board (PTAB or Board) refused to exclude allegedly improper evidence, holding...more