Plaintiff Trial Lawyer Tips

NOVEMBER 17, 2024

The reality is that a jury, following the jury instructions can find significant negligent conduct they object to, but conclude it did not cause the harm plaintiff is complaining about. Here are some thoughts about doing that There is a distinct connection of thought between evidence of cause and circumstantial evidence.

Burden Of Proof 183

Burden Of Proof Jury Instructions Jury Selection Evidence 183

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

Plaintiff Trial Lawyer Tips

OCTOBER 31, 2024

THREE PRIMARY DEFENSE CLAIMS __ __ __ PLAINTIFF PROOF OF CAUSATION __ DEFENDANT CAUSATION DEFENSE _ PRELIMINARY STATUS REVIEW  Review local rules regarding deadlines and requirements DISCOVERY REVIEW Interrogatories  Review defendant’s answers to interrogatories. Note incomplete answers for motion.

Cross-Examination 100

Cross-Examination Exhibits Opening Statement Interrogatories 100

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

Employees at Arch Insurance identified relevant ESI, but due to what the court identified as a lack of supervision by counsel, critical potential evidence was mishandled. The Court criticized Arch Insurance’s handling of the ESI search, describing the delay as indicative of “counsel’s disdain” for its discovery obligations.

Insurance 59

Insurance Jury Instructions Evidence Discovery 59

Sound Jury Blog

JANUARY 8, 2024

Initial Case Strategy “I resolve to start thinking about my jury story BEFORE discovery even starts.” Too often we see trial teams begin thinking about their jury story near or at the close of discovery. Doing so arms jurors with critical evidence which they can use to fight for your side.

Litigation 52

Litigation Jury Selection Depositions Closing Argument 52

E-Discovery LLC

NOVEMBER 29, 2024

Discovery had been conducted for almost a year and the deadlines extended three times. Plaintiff seeks limited discovery regarding the missing documents and a negative inference jury instruction regarding the contents of Vanderpool’s and Dupree’s personnel files and the missing emails. at *2; see Fed.R.Civ.P.

Burden Of Proof 130

Burden Of Proof Evidence Discovery Litigation 130

Jury Analyst

MAY 22, 2024

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Untangling the Concept of Jury Misconduct Jury misconduct occurs when jurors breach the legal standards set by federal or state courts, potentially impacting the fairness of a trial.

Evidence 40

Evidence Jury Deliberation Jury Selection Jury Instructions 40