The Perils of Multi-Plaintiff Trials Even prior to the COVID-19 pandemic, judges across jurisdictions struggled to balance busy dockets and address their mounting caseloads. The consolidation of cases, particularly in the mass tort arena, has been one tool that judges… Read More
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When Can Reframing Create Juror Backlash?
Say you represent a company that makes a product people widely have negative opinions about. Luckily, you come up with a different description of the product that makes it sound more positive: For example, your client is in the vaping… Read More
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How Do You Combat Confirmation Bias?
“I’ve just heard too many stories about corporations trying to profit at the expense of the ‘little guy.’” “Everyone sues for everything nowadays. There are too many frivolous lawsuits.” The greedy corporation. The sue-happy plaintiff. If all the world’s a… Read More
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How to Conduct Your Deposition by Video Conference
When practical circumstances (like scheduling, transportation, or costs issues) necessitate it, conducting deposition by video conference can be an attractive alternative. [Indeed, as we speak, the COVID-19 pandemic means that the gathering of necessary deposition is significantly more likely to… Read More
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How to Keep Your Expert Witness from Crumbling on Cross
In a recent set of post-trial juror interviews, the jurors we spoke to detailed how the believability of the plaintiff’s expert witness had them strongly favoring the plaintiff. …That is, until the defense attorney caused the expert to fall apart… Read More
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A Piece of Paper, a Feather… Combating Plaintiff Attorneys’ Interpretation of Burden of Proof
The plaintiff attorney throws a ream of printer paper down on the table in front of the prospective jurors, and grabs an extra piece of paper from elsewhere, holding it up. “This ream of paper represents evidence, and our burden… Read More
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Why You Should Keep Your Client Out of the Courtroom During Voir Dire
A coworker who made a bad choice with a stylist asks if you like her new haircut. Your pal just finished a less-than-stellar karaoke rendition of “My Way” and asks how it sounded. A dinner host asks if you’re enjoying… Read More