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. See: Washington Pattern Jury Instruction 21.01 See: Washington Pattern Jury Instruction 21.01 It could be scales.

Burden Of Proof 183

Burden Of Proof Jury Instructions Jury Selection Evidence 183

E-Discovery LLC

JUNE 27, 2024

As a result, the Court will give an adverse inference instruction to the jury; the exact content of this instruction will be determined during the jury instruction conference. This blog was initially posted on Electronic Discovery Reference Model. 3d 1040, 1056–57 (S.D. at *3 (emphasis added).

Jury Instructions 130

Jury Instructions Litigation Discovery 130

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 Interrogatories Opening Statement 100

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

The Court criticized Arch Insurance’s handling of the ESI search, describing the delay as indicative of “counsel’s disdain” for its discovery obligations. The Court ruled that the Plaintiff could introduce evidence of Arch Insurance’s eDiscovery failures at trial and would issue a jury instruction as an evidentiary sanction.

Insurance 59

Insurance Jury Instructions Evidence Discovery 59

Joshua Gilliland

DECEMBER 10, 2015

I have met lawyers who have a crazy idea: They HAVE to read EVERY email, document, Excel file, video, and every other bit of ESI produced in discovery. Lawyers have a duty of competency to their client, and candor to the court, to look at what is relevant to their case and responsive to discovery requests. That position is wrong.

Discovery 52

Discovery Jury Instructions Trial Preparation Construction 52

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

The court cited an affidavit submitted by an eDiscovery expert witness who noted that when X1 Social Discovery was used to collect from the Plaintiff’s Facebook account, key evidence that existed prior to the litigation was missing because it had been deleted by the Plaintiff prior to the X1 Social Discovery collection.

Evidence 52

Evidence Jury Instructions Discovery Affidavits 52

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. And 3) How do you want jurors to apply the jury instructions to the verdict form questions?

Litigation 52

Litigation Jury Selection Closing Argument Depositions 52