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Trials

Holland & Knight LLP

Podcast - At Trial, Less Is More

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small goes in-depth about how courtroom presentations need to be direct in their approach and how to avoid being dull, complex, and...more

IMS Legal Strategies

Working the Crowd: Why Defense Attorneys Must Get Jurors Talking in Voir Dire

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Picture this: defense counsel sits at the ready, voir dire gameplan in hand—a list of 40+ questions and their follow-ups—to identify the worst jurors and maximize cause challenges. It is a very plaintiff-friendly venue; they...more

Marshall Dennehey

Appellate Division Maintains Kind-for-Kind, Credential Equivalency Requirement Under Affidavit of Merit Statute

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Wiggins v. Hackensack Meridian Health, 478 N.J. Super. 355 (App. Div. 2024) - The plaintiffs alleged that the defendant, Dr. Goyal, prescribed tramadol to the decedent for pain associated with a medical condition. One month...more

Dickinson Wright

Effect of Approving the “Form and Content” of Orders

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A version of this article was previously published in the Michigan Defense Quarterly, Vol. 41, No. 1 (2024). It is well-established that consent judgments and orders are not appealable, so parties should always be cautious...more

Esquire Deposition Solutions, LLC

Beyond Witness Preparation

Thorough preparation of the deposition witness is critical to successful deposition practice. Prior to the deposition, the witness should be advised how and when to respond to questioning, the roles of counsel and the court...more

U.S. Legal Support

Fact Witness vs. Expert Witness: Key Preparation Tactics

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As it pertains to building a solid case, persuading jurors, and securing the best chances of a favorable outcome, witnesses can make or break your trial. It’s essential to utilize key witnesses to their full potential during...more

Holland & Knight LLP

Storytelling in Closing Arguments

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores the vital role of storytelling in court cases, highlighting the need to construct, narrate and display a story...more

Holland & Knight LLP

Leyes y Leyendas: 7 Juicios que cambiaron la historia

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En este episodio de "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés recibe al invitado Víctor Cabezas, autor de Leyes y leyendas: Siete juicios que cambiaron la historia. El Sr. Cabezas habla sobre su fascinación por...more

Fox Rothschild LLP

No lawyer, no problem. Justice will still be served.

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Judge Conrad’s Final Judgment in Airtron, Inc. v. Bradley Allen Heinrich ends this years-long Chapter 75, trade secret case. No doubt, the plaintiff (Airtron) pushed this lawsuit to make a point: if you take our secrets, we...more

U.S. Legal Support

Best Practices for Preparing an Expert Witness for Deposition

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As a trial attorney, you’ll often enlist expert witnesses to evaluate claims, clarify complex evidence, write an expert witness report, and offer authoritative opinions. Because time and money can be tight during trial prep,...more

Butler Weihmuller Katz Craig LLP

Claimants Can’t Have Their Cake and Eat it Too

Eleventh Circuit Judicially Estops Claimant From Recovering Intentional Tort Judgment Under Errors and Omission Liability Policy - In a rarely seen application of the judicial estoppel doctrine in the third-party coverage...more

Mandelbaum Barrett PC

Victory in a Decade-Long Battle Against Retro Fitness Class Action

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Mandelbaum Barrett PC secured a significant victory defending a class action lawsuit filed against Retro Fitness gym franchises throughout New Jersey. After ten years of litigation, a favorable decision from the Appellate...more

Mayer Brown

New Trial Method at CARF: Virtual Plenary - MF Ordinances No. 1,239 and 1,240/2024

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On August 5, 2024, Brazilian Ministry of Finance (MF) Ordinances No. 1,239 and 1,240/2024 were published in the Federal Official Gazette, providing operating rules for non-concurrent sessions of the Administrative Tax Appeal...more

Marshall Dennehey

Legal Roundup - New Jersey

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An “almost perfect storm of events” warranted additional time to file an Affidavit of Merit. Gonzalez v. Maher Ibrahim, et al., No. A-3719-22, 2024 WL 649332 (N.J. App. Div. Feb. 16, 2024) (approved for publication) - The...more

Marshall Dennehey

Legal Roundup - Pennsylvania

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Pennsylvania Superior Court holds that trial court correctly entered nonsuit on plaintiff’s corporate negligence claim for failing to show actual or constructive knowledge....more

Tyson & Mendes LLP

Don’t Go Nuclear! Six “Secrets” to Stopping Nuclear Verdicts®

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What is a Nuclear Verdict®? We have all heard news of juries awarding incomprehensible piles of money in lawsuits where the injuries and the verdict just don’t seem to add up. These cases may leave you scratching your head...more

Holland & Knight LLP

Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains how to impeach a witness' credibility through prior inconsistent statements. He emphasizes the importance of carefully...more

Robins Kaplan LLP

Landmark $7.75 Million Verdict in Aerosol Duster Misuse Case Secured

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In April 2024, Robins Kaplan attorneys secured a groundbreaking $7.75 million verdict against CRC Industries, Inc., a manufacturer of aerosol dusters. The verdict stemmed from a tragic 2019 incident when Cynthia McDougall was...more

Holland & Knight LLP

Cross-Examination: Finding Control

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of maintaining control during cross-examination. He emphasizes the need for careful preparation, clear...more

Patton Sullivan Brodehl LLP

Impact of Long-Term Leasehold Interest on County Property Tax Assessment

Based on the 1978 voter initiative commonly referred to as “Proposition 13,” the government can reassess the value of real property for taxation purposes after a “change in ownership” of the property.  The meaning of “change...more

Marshall Dennehey

Pennsylvania Superior Court Holds that, Under Section 311 of MCARE, Matters Reviewed Do Not Require a Document Be Specifically...

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Lahr v. Lehigh Valley Hosp., Inc., 2023 WL 8665017 (Pa. Super. Dec. 15, 2023) - The trial court had ordered production of patient safety reports which were (i) prepared in accordance with MCARE, (ii) intended to be...more

Blake, Cassels & Graydon LLP

R. v. Pryde: Quebec Judge Declares New Provision of French Language Charter Inoperable

On May 17, 2024, the Honourable Dennis Galiatsatos, a judge of the Court of Quebec (provincial court), issued a decision on the constitutional applicability and validity, in criminal matters, of section 10 of Quebec’s Charter...more

Blake, Cassels & Graydon LLP

R. c. Pryde : Une nouvelle disposition de la Charte de la langue française au banc des accusés

Le 17 mai 2024, l’honorable Dennis Galiatsatos, juge de la Cour du Québec, a rendu un jugement sur l’applicabilité et la validité constitutionnelles de l’article 10 de la Charte de la langue française (la « Charte ») en...more

Mandelbaum Barrett PC

Two Steps Forward and One Step Back for Me Too Movement

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The reversal of the 2020 rape conviction of Harvey Weinstein was a major blow to the Me Too Movement his conduct helped start. Whether New York’s highest court was correct in its 4 to 3 decision will nevertheless force the...more

Rodemer Kane Attorneys at Law

The Domestic Violence Court Process

When an individual is arrested on a domestic violence charge, the person who gets arrested is going to be searched, handcuffed, put in the back of a police vehicle, and taken to the police station or local booking facility. ...more

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