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

E-Discovery LLC

OCTOBER 2, 2024

Defendant Hirschbach added the following to its work product objection: Beyond this, Hirschbach objects to this request because it is overbroad, vague and ambiguous. Next , the court overruled the improper boilerplate objections. 26, 2024). _ [1] I will soon be posting an updated blog on boilerplate objections.

Admissibility 130

Admissibility Discovery Objections Evidence 130

E-Discovery LLC

AUGUST 16, 2024

That before-and-after authentication, plus a few other facts, was sufficient circumstantial evidence to authenticate the entire video. First can video evidence be authenticated when the authenticating witness lacked personal knowledge of all of the events portrayed in it? The bar for authentication of evidence is not high.”

Witnesses 130

Witnesses Evidence Admissibility Objections 130

CaseFox

SEPTEMBER 28, 2023

How many times have you heard an attorney or lawyer in a court say, “Objection, Your Honor!” But have you wondered what these are and how many types of objections are in court? Court objections are basically when a trial attorney objects to the opposing counsel’s questions or the testimony of the witness.

Objections 52

Objections Witnesses Evidence Cross-Examination 52

E-Discovery LLC

FEBRUARY 8, 2025

While not the focus of this blog, it is interesting that some of the evidence of the undue influence came from graphic text messages. The crux of Joans objection to the disputed claims was that Rebecca did not supplement her responses to discovery by identifying those additional claims for damages.

Interrogatories 130

Interrogatories Discovery Trial Preparation Evidence 130

E-Discovery LLC

SEPTEMBER 4, 2024

The defendants’ objection is overruled, and the requested documents are to be produced within the next 14 days. That is because, in this Title VII case, the evidence considered by a peer review committee lay “at the heart” of the claim. They are not an appropriate basis on which to base a discovery objection. 7, 2022).

Discovery 130

Discovery Objections Evidence Litigation 130

E-Discovery LLC

AUGUST 21, 2024

Rather, a party seeking spoliation sanctions must establish that the party with the evidence had an obligation to preserve it. Thus, on or about November 20, 2017 is the first date that Defendant had an obligation to preserve evidence.” 9, 2021); Maryland’s High Court Affirms Sanction for Spoliation of Video Evidence (Jan.

Evidence 130

Evidence Discovery Objections Litigation 130

IP Watchdog

AUGUST 24, 2023

The court found that the PTAB erred in its analysis of nexus between the claims and evidence of secondary considerations, as well as in its weighing of the objective indicia of nonobviousness.

Objections 52

Objections Evidence Litigation 52

E-Discovery LLC

SEPTEMBER 1, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. Over various objections, he explained the relationship between the different clips in the composite video and identified the camera numbers, times, streets, and specific activities depicted in the clips.

Admissibility 130

Admissibility Witnesses Evidence Exhibits 130

E-Discovery LLC

SEPTEMBER 25, 2024

Wiegand objected. After setting out the boilerplate on scope of discovery and requirements for a protective order, the Court wrote: “The burden is on the party resisting discovery to explain specifically why its objections, including those based on irrelevance, are proper given the broad and liberal construction of federal discovery rules.”

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

E-Discovery LLC

JULY 9, 2024

An in camera review is not appropriate merely because a party objects to assertions of privilege. And, a mere objection, or even a suspicion, is not a basis upon which the parties can shift a burden to the Court that they should bear themselves. For example, a “knee-jerk, boilerplate objection about undue burden,” has failed.

Objections 130

Objections Discovery Litigation Insurance 130

E-Discovery LLC

AUGUST 16, 2024

The identification of non-custodial sources of data is a foundational issue, and you don’t get to make an objection to the other side’s disclosure and then hold on to that objection forever and ever, and years later ask to start the whole process over from scratch. We’re not starting this over from the beginning.

Discovery 130

Discovery Interrogatories Depositions Litigation 130

Evidence at Trial

DECEMBER 17, 2021

California's secondary evidence rule (Cal. Code §§ 1521 - 1523) provides a commonsense approach that begins with a simple general rule: "The content of a writing may be proved by otherwise admissible secondary evidence." Even simpler, the secondary evidence rule cannot be used as an end-run around the rules of evidence.

Evidence 52

Evidence Arbitration Affidavits Admissibility 52

E-Discovery LLC

DECEMBER 21, 2024

Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid. Boilerplate Objections Are Generally Condemned; Except When Theyre Not Citing the Correct Subsection of Fed.R.Evid. Mediation of Discovery Disputes by Courts Law Clerk?

Admissibility 130

Admissibility Witnesses Discovery Mediation 130

E-Discovery LLC

JULY 8, 2024

Defendants objected asserting (in part) that the request sought “information protected from disclosure by official information privilege ….” Therefore, it overruled the objection. Plaintiffs’ Request for Production No. 63 asked for production of three defendants’ “entire” personnel file. at *2, 5 (emphasis added). For more, see Mark S.

Affidavits 130

Affidavits Discovery Objections Evidence 130

Gerry Oginski's New York Legal Blog

JUNE 26, 2018

That would be awesome if that were a proper legal objection. "Judge, What will he accomplish by yelling out "OBJECTION JUDGE! The point is that when you stand up and make an objection, it's supposed to be because the lawyer is doing something that's causing you concern. "Judge, HE'S WHINING!"

Objections 52

Objections Witnesses Evidence 52

IP Watchdog

APRIL 27, 2022

Real reform needs objective standards for measuring patent quality that can guide improvements. Such evidence about patent quality may show that fundamental aspects of our patent system must be updated to keep it relevant for today’s innovation economy.

Objections 105

Objections Evidence 105

Evidence at Trial

APRIL 26, 2023

What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. In California, evidence is comprehensively defined to include "testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact."

Evidence 52

Evidence Admissibility Witnesses Chain Of Custody 52

WA Bar News

JUNE 11, 2024

should not be considered as evidence. In this column, we’ll address a narrower, but more common, subset of deposition misconduct that the ABA opinion touches on: improper “coaching” during depositions and improper objections intended to impede the questioner. Irwin (E.D. Washington RPC 4.4(a) Washington RPC 3.4(a)

Depositions 98

Depositions Witnesses Objections Discovery 98

E-Discovery LLC

MAY 27, 2024

Stanford did not object; to the contrary, Stanford conceded that the footage could be properly authenticated through Detective Ohmstede and that the footage was “admissible evidence.” Initially, the Court held that the stipulation to the video’s admissibility waived the objection. Rule 4-263(n).

Discovery 130

Discovery Cross-Examination Witnesses Admissibility 130

E-Discovery LLC

JULY 3, 2024

Wife requested that the court sanction Husband by precluding him from presenting evidence at trial. Ferko’s request for sanctions, struck Mr. Ferko’s complaint, and precluded testimony and evidence related to the issues of marital property, alimony, and attorney’s fees. Prior to trial, the trial court granted Ms.

Discovery 130

Discovery Cross-Complaint Evidence Admissibility 130

Complex Discovery

JULY 20, 2024

Furthermore, it underscores the importance of digital expertise in uncovering and preserving evidence of war crimes and human rights abuses, showcasing how modern technology and professional skills are pivotal in addressing the multifaceted challenges of contemporary conflicts.

Digital Evidence 116

Digital Evidence Evidence Objections Litigation 116

IP Watchdog

AUGUST 20, 2021

The CAFC held that the designs were obvious because Gamon did not prove a nexus between commercial success and the claims, and because the evidence of Trinity’s copying did not overcome the strong evidence of obviousness provided by the prior art. s design patents would have been obvious over the prior art.

Manufacturing 126

Manufacturing Evidence Objections Litigation 126

E-Discovery LLC

JUNE 25, 2024

c)(2) contentions, in reviewing the briefs and exhibits, it is evident that the communication issues addressed in the court’s January 11, 2024 order have not been resolved. 1] __ [1] The court addressed boilerplate objections in detail, id. The Norcold court addressed a number of other issues. [1] at *6, among other issues.

Discovery 130

Discovery Exhibits Interrogatories Objections 130

E-Discovery LLC

DECEMBER 19, 2024

Objections were due by July 10 th. Plaintiffs contended that SCA did nothingsuch as objecting or filing a motion to quashsince it received notice of the Subpoena. Barnard & Alison Schurick, “The Relationship of Federal Rule of Evidence 502, Clawback Agreements, Court Orders, and Local Rules,” in M. 26(b)(5)(B).

Depositions 130

Depositions Subpoenas Evidence Discovery 130

Plaintiff Trial Lawyer Tips

FEBRUARY 3, 2025

Decisions are not simply made on the basis of intellectual analysis of the testimony and evidence. In my experience jurors have consistently objected to attorney anger, unprofessional or disrespectful conduct. The primary factors prevail over facts, evidence and logical reasoning. Emotion plays a huge role. Case framing.

Cross-Examination 100

Cross-Examination Opening Statement Jury Selection Evidence 100

IP Watchdog

JULY 5, 2022

That is, the DOJ and PTO now demand more subjective theory on Alice-Mayo while deliberately eschewing any objective basis for the test despite the fact that the claims in Bilski, Alice, and Mayo were considered abstract based on evidence in the record.

Evidence 81

Evidence Objections Manufacturing 81

Practice of Law

SEPTEMBER 5, 2024

Let’s look at how prosecutors got evidence against them before diving into the appeal. Cloud Under Investigation Cloud was implicated in drug dealing through a series of investigative actions and evidence. Rap Lyrics Introduced as Evidence Watkins's wife, Kizzy Childs, testified at trial about the defendant’s good character.

Evidence 40

Evidence Admissibility Objections Pleadings 40

E-Discovery LLC

OCTOBER 6, 2024

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. Shapiro’s post-termination emails.”

Evidence 130

Evidence Discovery Litigation Affidavits 130

E-Discovery LLC

DECEMBER 16, 2024

The circuit court ordered Mr. Etame to submit any objections, which he did, with some discovery responses. The circuit court then prohibited Mr. Etame from presenting any evidence and struck his pleadings, including counterclaims. The circuit court found them to be non-responsive and again ordered him to provide specific responses.

Discovery 130

Discovery Interrogatories Affidavits Pleadings 130

IP Watchdog

FEBRUARY 9, 2022

Court of Appeals for the Federal Circuit (CAFC) affirmed two decisions of the Patent Trial and Appeal Board (PTAB) on related inter partes reviews (IPRs) brought by Quanergy against Velodyne, explaining that the Board’s decision to uphold the validity of the disputed claims was correct considering the objective evidence provided by Velodyne.

Objections 72

Objections Evidence Litigation Technology 72

IP Watchdog

FEBRUARY 22, 2022

Zaxcom appealed the PTAB’s decision on the original claims in May of 2020, arguing that the PTAB misconstrued the patent claims and failed to properly consider evidence of industry praise. However, the court upheld the substitute claims Zaxcom had proposed.

Evidence 119

Evidence Technology Objections Litigation 119

E-Discovery LLC

AUGUST 13, 2024

Wilburn, however: “Plaintiff has not put before the undersigned any evidence that she sought to depose Ms. Next, the undersigned specifically directed the parties to identify a timetable for completion of all discovery, including taking any depositions. ( Plaintiff later complained of lack of depositions. at *21-22.

Discovery 130

Discovery Depositions Interrogatories Objections 130

Forensic Psychologist

FEBRUARY 15, 2020

Psychological tests hold a magical allure as objective truth. New report slams "junk science” psychological assessments In one of two significant developments, a group of researchers today released evidence of systematic problems with the state of psychological test admissibility in court.

Evidence 52

Evidence Admissibility Objections Construction 52

Temple University Beasley School of Law - Advocacy

NOVEMBER 9, 2023

” As otherwise described, “[t]his theory states that, whenever two objects come into contact, an exchange of materials occurs between them.” Mistek et al, , Toward Locard’s Exchange Principle: Recent Developments in Forensic Trace Evidence Analysis, [link] (last visited July 17, 2023).

Evidence 40

Evidence Admissibility Manufacturing Litigation 40

E-Discovery LLC

JANUARY 8, 2025

Reliance on Rule 33(d) is appropriate when the interrogatory requests objective facts that are obvious from the specified documents, but is generally inappropriate when the interrogatory asks a party to state its contentions or to state facts supporting its allegations.

Interrogatories 130

Interrogatories Discovery Depositions Objections 130

Plaintiff Trial Lawyer Tips

DECEMBER 26, 2024

Since the publication the defense bar has concentrated on how to prevent and object to use of this approach. AND SIT DOWN WITHOUT ANOTHER WORD The problem is what do you do if the defense objects to the term “rules” for a variety of reasons and the judge agree, baring the use of “rules?” Jurors want guidance.

Opening Statement 113

Opening Statement Objections Jury Instructions Witnesses 113