Fraudulent Product Identification in Asbestos Litigation

Size: px
Start display at page:

Download "Fraudulent Product Identification in Asbestos Litigation"

Transcription

1 Fraudulent Product Identification in Asbestos Litigation Morton D. Dubin Orrick, Herrington & Sutcliffe LLP 51 West 52nd Street New York, NY (212)

2 Morton D. Dubin is a litigation partner in Orrick, Herrington & Sutcliffe LLP s New York office. He has worked on a variety of product liability and mass tort litigation matters. He is a member of the Orrick team representing Union Carbide Corporation as national counsel in asbestos litigation. In that capacity, Mr. Dubin has been responsible for developing and coordinating the national scientific and medical defense for the corporation. He also serves as a lead trial counsel for Union Carbide Corporation in actions throughout the United States.

3 Fraudulent Product Identification in Asbestos Litigation Table of Contents I. Introduction II. Manufactured Product Identification Against Solvent Defendants A. The Problem B. Combating Vague Product Identification Testimony Build Your Record Step By Step Ask Detailed Memory Questions Investigate the World Around the Product Every Credibility Issue Can Be Important Investigate Materials Used to Prepare for Depositions Look for Patterns in Production Identification Do Not Get Caught in the Trap of Having to Call the Plaintiff a Liar But Don t Be Afraid to Address the Elephant in the Room Use of Memory Experts Condition the Jury Communicate with Your Team Collaborate with Co-Defendants III. Bankruptcy Trust Fraud IV. Conclusion Endnote Fraudulent Product Identification in Asbestos Litigation Dubin 1029

4

5 Fraudulent Product Identification in Asbestos Litigation I. Introduction It is a well-recognized fact that plaintiff product identification testimony in asbestos litigation is focused on solvent companies. As plaintiffs product identification patterns are subjected to greater scrutiny, they reveal changes that respond to manufacturer bankruptcies and reorganizations, rather than changes in workplace environments over time. The Philadelphia Story: Asbestos Litigation, Bankruptcy Trusts and Changes in Exposure Allegations From , 27 Mealey s Lit. Rep. 1 (Oct. 10, 2012). As many expert observers have noted, these deceptive discovery practices are the norm, rather than the exception, in asbestos litigation. See Lester Brickman, Fraud and Abuse in Mesothelioma Litigation, 88 Tulane L. Rev. 1071, 1126 (2014) (estimating that cases in which plaintiffs firms have successfully manipulated the value of a case by withholding alternative exposure evidence greatly outnumber cases in which the courts or defense attorneys uncovered the deceptive practices). In a perfect world, the solution to that problem would be as simple as conducting sound investigations interviewing witnesses, verifying purchase and sale records, etc. Too often, though, such evidence is lost to time or product identification testimony is calculated to prevent the defendant from adequately investigating. All details will be lost to the plaintiffs memory except the bare minimum needed to identify the product as one he used, and the fact that the product was dusty. Plaintiffs counsel then will attempt to make the case about everything except the product identification testimony, calling numerous expert witnesses and attacking the defendants for having been involved with asbestos. Jurors, when presented with this deluge, will then too often find for the sympathetic plaintiff even if they recognize that the identification testimony may have been weak. Fighting against this trend is an incredibly difficult task, with no easy answers. However, this manuscript attempts to provide insight into the nature of product identification fraud today and how it can be combated. II. Manufactured Product Identification Against Solvent Defendants A. The Problem Every defense counsel could likely tell numerous stories of extremely, highly, ridiculously improbable product identification testimony offered by plaintiffs in asbestos litigation. However, when plaintiffs specifically testify to working with, or around, products that they would otherwise have no reason to know about, the question becomes are they just outright lying? Are they being told, unabashedly, to lie by their counsel? While that certainly may occur, it is unlikely that could result in the current pervasive problem. Though often brazen, most plaintiffs attorneys would likely be reluctant to directly tell their clients to lie and many clients, though in difficult and vulnerable positions, would feel uncomfortable testifying to what they knew and believed to be outright fabrications. More likely, plaintiffs attorneys are using more subtle methods to prompt and influence memory. The classic example of this was picture books, which contained images that could suggest to plaintiffs which products to identify and remind them how to describe the products. However, there is little doubt the same type of preparation techniques occur even more often without picture books to avoid having to produce potentially damning materials to defendants. For example, plaintiffs may be told that certain brands were popular at the time and asked whether they may have worked with them. Questioning of that type can easily lead a plain- Fraudulent Product Identification in Asbestos Litigation Dubin 1031

6 tiff to say he may have worked with the product and may can then easily become did. That is particularly true when plaintiffs later claim at their deposition to have trouble remembering product names and are assisted by a memory aid, such as a list of products or their interrogatories, prepared by their attorneys. Emblematic of such issues is a April 12, 2012 Weitz & Luxenberg press release, in which they announced that they were launching an education initiative designed to reassure asbestos exposure victims suffering with mesothelioma, lung cancer or asbestosis that it isn t necessary to be able to recall the full details surrounding their encounter with the toxic mineral in order to proceed with a lawsuit against the corporations responsible for causing the harm. The press release explains that the Weitz & Luxenberg initiative aims to educate [potential asbestos claimants] about ways gaps in their memories can be filled. Asbestos-cancer victims think suing possible only if they can recall all details of long-past exposure; Weitz & Luxenberg aims to correct their mistaken notion, PRWeb (April 12, 2012) (emphasis added). Weitz & Luxenberg stated further that they want potential plaintiffs to know: Our position as asbestos lawyers is that if a mesothelioma or asbestos lung-cancer victim can recall at least a few details of the exposure, we may be able to fill in the gaps with appropriate research, the firm said. For example, if a person exposed to asbestos can remember where he or she worked 20, 30, 40 or more years ago, chances are we can pinpoint the asbestos-containing products with which he or she came into contact and identify the corporations responsible for causing the injury. Id. (emphasis added). While Weitz & Luxenberg steadfastly maintains this is not evidence of a policy to manufacture product identification testimony, it is emblematic of the type of influence plaintiffs firms can have on plaintiffs memories. If a plaintiff is told that his lawyer has reason to believe he was exposed to a particular product, it is a short step to that plaintiff believing and testifying affirmatively that he was. B. Combating Vague Product Identification Testimony There is, unfortunately, no easy solution to fraud in individual cases. It is wrapped up in the persistent, and very familiar, question of how do you prove when someone is lying? Investigations are of paramount importance, but are routinely hampered in asbestos cases by the fact that the alleged exposure occurred multiple decades earlier. If there was ever any direct documentation to support or refute the claim, it has often been lost to time. Further, while in other types of cases jurors might hold it against a plaintiff if he cannot provide sufficient detail about his exposure allegations to permit defendants to conduct a thorough investigation, jurors will often forgive asbestos plaintiffs, who may be old and infirm, such lapses. As a result, plaintiffs can too frequently get away with, and succeed with, vague product identification testimony that consists of little more than having remembered working with a product they can barely describe at undefined times in undefined locations. Such circumstances create a breeding ground for product identification fraud because vague memories are easily implanted and difficult to disprove. Some potential techniques to address this are discussed below. 1. Build Your Record Step By Step Very often, there will be no smoking gun evidence that a plaintiff s product identification testimony has been manipulated. Rather, defense counsel will have to incrementally build a case that plaintiff s purported product memories are unreliable and have been improperly influenced by his lawyers. Each of the more specific steps discussed below is part of that process. The more defense counsel can attack the plaintiff s underlying memory and credibility, the more leeway will likely be given to address the elephant in the room 1032 Asbestos Medicine November 2014

7 of product identification fraud. For example, that foundation increases the chance that a court will allow defense counsel to explicitly argue that plaintiff s memory may have been influenced by his counsel and present testimony from a memory expert regarding how easily that can occur. Without such a foundation, a court could otherwise find such arguments and evidence too speculative and prejudicial. Accordingly, each of the recommendations below should be viewed as pieces of a puzzle, culminating in opening the door to explaining to a court and the jury how purported product memories are created in asbestos litigation. 2. Ask Detailed Memory Questions As discussed above, the issue of memory is extremely important to product identification fraud. One of the easiest and most effective ways of demonstrating that a plaintiffs purported memory of a product is false is by demonstrating that their memories selectively revolve around products at issue in the lawsuit. For example, in a recent case in which a plaintiff alleged exposure to asbestos-containing products while performing pick-up work on nights and weekends for over a decade, the plaintiff failed to remember any details regarding the work beyond the asbestos-containing product identification: Q. During this period, 1969 to 1980, you worked two or three days a week at side jobs, I ll call them, doing repair and cleanup at condominiums. Is that correct? A. Condominiums, apartments, yeah. Q. You don t recall who you were working for? A. Not really, no. Q. Don t recall the names of anybody you worked with? A. Hum-um. MR. CANDON: Objection. Q. Don t recall what you bought, if anything, for plumbers, correct? A. No, not really. MR. CANDON: You mean the names of something he bought? MR. HASLUP: Right. Q. Products, what products you bought? A. Right. Q. You know you bought nails, but you don t know who made them. Is that right? A. I have no idea. Q. You bought screws, don t know who made those. A. True. Q. But you do recall that the joint compound was -- A. That s what I was going for. Q. Georgia-Pacific and Kaiser. A. Um-hum. Deposition testimony of Robert Brittingham, Brittingham v. Union Carbide Corp., et al, No. 23-C , 138:14-140:3 (Md. Cir. Ct., Jan. 9, 2013). Similarly, in a recent take-home exposure case, the father of the plaintiff testified that he remembered the specific brand names of the tape joint compound buckets he saw fleetingly on his way in and out of a white Fraudulent Product Identification in Asbestos Litigation Dubin 1033

8 collar office job. When pressed on other memory issues, the father revealed that he was unable to recall the names of almost any of the 25 people he worked with day in and day out at this job: Q. Sir, you said you worked for the Department of Health and -- A. Mental Hygiene. Q. You said you started in 71 on Guilford Street; is that correct? A. Guilford Avenue. Q. The old Polytechnic High School? A. No, behind it. Q. You said you left with several other employees; is that correct? A. No. I said that we, as a unit, moved to 610. Q. How many people were in that unit? A. Well, the unit, there was a central office unit, plus there were units out of all the State and medical facilities. I don t remember how many all told. That central office was about 20 or so people. Q. Now, in your deposition, you said there were 25. Would you disagree with me if I said there were 25? A. No. Q. Okay. Out of those 25 people, we asked you at the deposition to name some of your coworkers. How many could you name? A. I could only remember first names of a couple of secretaries. Q. You mentioned the name of a girl named Paula? A. Yes. Q. And you mentioned a gentleman named Frank? A. No. Oh, I mentioned my boss at delinquency is a gentleman whose first name was Hank. Q. Hank. I am sorry. And that s pretty much it, correct? A. Yes.... Q. So there was at least six or seven people immediately around you? A. Yes. Q. Do you remember any of their names? A. No. Trial testimony of Frank Traglia, In re: Personal Injury Asbestos Litigation (Blair), No. 24x , 815:3-816:19; 823:19-824:2 (Md. Cir. Ct., Baltimore City April 15, 2011). Such questions are most effective when it can be shown that the plaintiff would have just as much reason to remember other things he does not such as the brand names of other products he worked with routinely, the names or his co-workers or his own addresses as he would the product he purportedly recalls. Therefore, it is important to develop the depth of the plaintiff s historical association with those things he has forgotten. 3. Investigate the World Around the Product Irrespective of whether you start with the premise that plaintiffs are testifying to implanted memories or intentionally lying, it is far easier to create a purported recollection of using a particular brand name 1034 Asbestos Medicine November 2014

9 product then it is to create an entire world around it. That is one of the reasons that memory questions can be so effective. However, this also provides defense counsel an opportunity to create issues that can be investigated, even in circumstances where the plaintiff refuses to provide anything more than vague product identification testimony. The key here is to start thinking about what can be investigated related to the case before deposing the plaintiff. What historical records are available, even if not directly tied to the product use? Building records, union records, yellow pages and the like may provide useful historical information that, even if it does not directly contradict plaintiff s claim to have seen your product, can accumulate to show that the plaintiff s memories are untrustworthy. The more defense counsel digs, the greater the probability that they will find some interesting detail that can be used to erode the plaintiff s credibility. Breakthroughs can come from unexpected sources. For example, a recent case involved a plaintiff who alleged exposures to tape joint compound from performing drywall work in mobile homes that he installed in the late 1960s and early 1970s. After researching mobile home construction, defense counsel obtained manuals showing that the interiors of mobile homes of the time period typically contained wood paneling rather than drywall. Defense counsel subsequently located an expert on the history of mobile home construction who testified that mobile homes would not have contained drywall interior walls until several years after the plaintiff s last alleged exposure. 4. Every Credibility Issue Can Be Important These detailed investigations may also enable defense counsel to raise additional credibility concerns unrelated to the product testimony. For example, the key fact witness in recent case, who was a Spanish speaker, was asked during his deposition, Were you ever convicted of a crime? to which he responded, Not that I know of. While the inquiry might normally have stopped there, defense counsel nevertheless delved into the witness s record and discovered that the witness had been arrested for robbing a liquor store, had hired his own Spanish-speaking attorney, had pled guilty in front of a judge, and was ordered to pay a fine in addition to being sentenced to one year of probation. At trial, during direct examination by the Plaintiff s attorney, the witness explained that he didn t know he had been convicted because, I never went to prison. I only paid a fine. On cross examination, defense counsel was able to play up the implausibility of the witness s explanation and undermine his credibility in the eyes of the jury: Q. Let me ask you about your, your conviction. Okay? Just so we re all clear, what is the Spanish word for conviction? A. The word in Spanish for conviction is conviction. Q. Pretty much the same as in the English, right? A. Yes. Q. I m trying to understand you. In your deposition you were asked were you ever convicted of a crime, and your answer was not that I know of, correct? A. That is correct. Q. I want to I m trying to figure out what do you not know about that question. You know you were convicted of a crime, right? A. For me, being convicted means going to prison. I never went to prison. I paid a fine. Q. And you know that your lawyer spoke Spanish, correct? A. He speaks Spanish. There he looks Chinese. That s why I m saying it. Fraudulent Product Identification in Asbestos Litigation Dubin 1035

10 Q. And so the process was, eventually, you had to appear in front of a judge? A. Yes. Q. And you had to agree that you were you had to agree that you were guilty? A. Yes. Q. And then later you were sentenced to a year of probation and to pay a fine? A. That is correct, yes. Q. And you didn t understand that to be a conviction? A. That is correct. Q. And to be fair, you didn t when you were asked about the conviction, you didn t indicate I don t understand that question; and you didn t say, well, I pled guilty to something, but I m not sure if that s a conviction, right? You just said not that I can recall? A. I said as far as I knew, no. Trial Testimony of Epifanio Villegas, Vega v. Georgia Pacific L.L.C., et al., No , 830:7-21, 837:4-23 (N.Y. Sup. Ct., N.Y. County Apr. 22, 2013). Another case presents an even more extreme example highlighting the importance of emphasizing any credibility issue. During cross-examination at trial, defense counsel asked the plaintiff if he knew a person named Pamela Kalil. Defense counsel s routine fact investigation uncovered records showing that the plaintiff s ex-wife, and mother of his first child, was named Pamela Kalil. The plaintiff, on the stand, testified that this ex-wife was his former girlfriend, and that he did not recall whether they had ever been married. Defense counsel then marked in evidence the plaintiff s petition for divorce against this ex-wife. Defense counsel showed the plaintiff the document and asked the plaintiff if he recalled being married to Pamela. At this point the plaintiff conceded that he did, in fact, recall being married to Pamela and having a son with her. This exchange severely tarnished the plaintiff s credibility, and defense counsel obtained a verdict finding that the plaintiff was never exposed to the defendant s products. 5. Investigate Materials Used to Prepare for Depositions Defense counsel should, of course, always ask witnesses if they have reviewed any materials, such as pictures, in preparing for their depositions and question witnesses about any research performed. Oftentimes, witnesses will reveal that they compiled or reviewed work history sheets or product identification lists prior to testifying. In addition, witnesses should be asked when they first remembered having worked with a particular product and if anyone has suggested to them that certain brands were popular and they probably were exposed to them. For example: Q. You were working around a lot of different drywall contractors, right, at a lot of different work sites? And, presumably, these people had a lot of different preferences in joint compound brands, right? These aren t the same people, right?... A. Yes. Q. And somehow you remember Georgia-Pacific and Kaiser Gypsum. And you know that, are there things that have happened since the lawsuit was filed that brought those two to the front of your memory, since you got sick that brought them to the front of your memory? A. Well, when you get that phone call on the Long Island Expressway that you have mesothelioma, it makes you start to think about, you know, your future lifespan and you get to think an awful 1036 Asbestos Medicine November 2014

11 lot. You know, holy shit. I worked for this guy. I worked on this job. I worked on that job. They had spacklers on those jobs. You know, what did I do to myself? Q. Did anyone suggest to you that Georgia-Pacific and Kaiser Gypsum were, for example, popular brands that you probably therefore worked around them and stuff like that? Did anyone suggest that to you? A. Not specifically. Deposition testimony of William J. Lindsay, In re: New York State Asbestos Litigation (Lindsay), No /2012, 72:7-13, 72:16-73:8 (Sup. Ct., N.Y. Cnty. Sep. 4, 2013) (emphasis added). Defense counsel can use these pieces of information to help piece together exactly how pre-testimony actions influenced the witness s memories. Defense counsel should also establish a litigation time-line leading up to the deposition when counsel was retained, when meetings and discussions with counsel occurred, how long meetings lasted, who was present, how interrogatory responses were prepared, etc. Ultimately, these timing and preparation issues can become very important in establishing precisely how a witness s purported memories came about. It should also be noted that witnesses will frequently attempt to refresh their recollections at depositions using the materials that they either reviewed or compiled. When the witness merely testifies to the contents of these documents, defense counsel should object to the use of the materials to refresh recollection, note that the witness cannot testify without reference to the writing, and then question the witness on all details surrounding the creation of the document in an effort to defeat any asserted privilege. Such actions can further help defense counsel highlight holes and inconsistencies in witnesses memories. 6. Look for Patterns in Production Identification Defense counsel should track and document product identification information generated by specific plaintiffs firms in an effort to discern repeated, identifiable patterns as to manufacturers, product packaging, and years of exposure. Plaintiffs attorneys may reuse the same product images and histories over and over to educate new clients. For example, recently two different plaintiffs, who had nothing in common other than the fact that they were both represented by the same plaintiffs firm, alleged exposures to the same exact list of five tape joint compounds at their depositions. In the first case, the defendants were able to obtain (through waiver) an intake memorandum prepared by the plaintiffs firm at the client s initial interview with his attorney, which did not contain any of the five tape joint compounds eventually identified at the plaintiff s initial deposition. In the second case, the plaintiff was unable to recall the names of any tape joint compounds without referring to a list of manufacturers that he allegedly prepared on his own. It appeared as though both plaintiffs had been led to testify regarding the same five manufacturers by their attorneys. Collecting and highlighting such patterns can provide defense counsel additional evidence that product identification testimony has been manipulated by plaintiffs attorneys. 7. Do Not Get Caught in the Trap of Having to Call the Plaintiff a Liar Of course, with sufficiently strong evidence, defense counsel can, and should, feel free to question a plaintiff s honesty even if he is old and ill. However, it is often more palatable for a jury to accept that the plaintiff has been manipulated by the system and his attorneys into believing something that did not, in fact, happen. Part of setting the stage for that approach is to explain to jurors that not every witness who testified inaccurately about their memory is a liar. As cognitive scientists have noted: Fraudulent Product Identification in Asbestos Litigation Dubin 1037

12 It is important to distinguish between two types of lying. Some people lie intentionally and for myriad reasons: financial gain, fame, popularity, even mischief. Other people lie without knowing that they are lying. In other words, they think they are telling the truth but they are reporting something that is false a false belief or a false memory. Daniel M. Bernstein & Elizabeth F. Loftus, How to Tell If a Particular Memory Is True or False, 4 Perspectives on Psychological Sci. 370, 371 (2009). Model jury instructions can also be used in order to ensure that the jury understands that lying is but one factor in assessing a witness s credibility. For example, New York courts provided the following post-trial instruction in several recent cases: The law does not, however, require you to accept all of the evidence I admit. In deciding what evidence you will accept you must make your own evaluation of the testimony given by each of the witnesses, and decide how much weight you choose to give to that testimony. The testimony of a witness may not conform to the facts as they occurred because he or she is intentionally lying, because the witness did not accurately see or hear what he or she is testifying about, because the witness s recollection is faulty, or because the witness has not expressed himself or herself clearly in testifying.... N.Y. PJI 1:41 (2014). As discussed below, two obvious explanations and the one most closely tied to the subject of this paper for false memories are suggestions and information provided by plaintiffs counsel during the course of preparing a plaintiff to sue and to testify. However, it may also be worthwhile to explore with plaintiffs other ways in which their memories could be inaccurate. Dr. Charles A. Weaver has identified a number of different factors that cause witnesses to develop false memories: Post-Event Information ( refreshing recollection ): Memories for past events are influenced by the events themselves but also what an individual has experienced since the events took place. Long delays between the event and post-event information can therefore significantly affect memory, and may even lead to the creation of memories. Source Monitoring and Source Confusion: Source confusion results when a person misattributes the source from which information was obtained. This frequently occurs when a witness is shown a photograph of an item prior to questioning, and later is asked to identify the objects, misattributing the source of the information to preexisting memories as opposed to the photographs. Identification Based on Familiarity Rather than Recollection: Oftentimes a witness may confuse a sense of familiarity with actual recollection, causing witnesses to falsely identify common, familiar items. Encoding Failures ( absentmindedness ): Fatal memory errors caused by information that never was recorded (or encoded ) properly in memory and, hence, are impossible to retrieve. Transience: Even if a person accurately encodes information initially, they will need to maintain that accurate memory over a long period of time. Without subsequent reason to recall the particular information, the likelihood of forgetting the prior memory is enhanced. Demand Characteristics: Memory testimony may also be influenced by biases of the witness, in that the witness is more likely to strive and (inaccurately) recall the identity of products mentioned by their own attorneys Asbestos Medicine November 2014

13 See, e.g., Charles A. Weaver, Expert Report in Vega v. Georgia Pacific L.L.C., et al., No , 830:7-21, 837:4-23 (N.Y. Sup. Ct., N.Y. County Aug. 24, 2012). At depositions, defense counsel should therefore ask questions regarding post-exposure influences on past memories, such as recent suggestions and preexisting familiarities. Where else, for example, could the plaintiff have encountered a particular brand name? Has the witness seen advertisements involving any of the brands involved in the lawsuit? Have they used other products, not at issue in the lawsuit, from the same manufacturer? What kind of post-event information did the witness review? Did they research products online? Such questions can help form the basis to argue that the plaintiff s litigation-focused memories are inaccurate. 8. But Don t Be Afraid to Address the Elephant in the Room While, as discussed above, there are some innocent explanations regarding how plaintiffs can develop false memories, in the context of product identification fraud the primary issue is ways in which plaintiffs lawyers can intentionally or unintentionally cause this to happen. Although plaintiffs lawyers may object, defense counsel should be within their rights to suggest that events during the preparation process could easily have influenced a plaintiff s memories. The key to doing this effectively, however, is being able to address the argument that there is no evidence this actually happened. Of course, it is not surprising there is often no direct evidence of this because of the attorney-client privilege. At the same time, developing the type of record discussed above often may be able to provide sufficient circumstantial evidence to support such an argument by defense counsel. For example, if you have developed a record that a plaintiff s memory selectively revolves around products at issue in the lawsuit, then there is a legitimate question about why that occurred. This can then be put into context regarding the timing of the lawsuit, plaintiff s meetings with his lawyers, and the fact that defendants obviously never had any opportunity to assess what plaintiff s memories were like before he started meeting with lawyers. The use by plaintiffs of memory aids and the like during testimony only further amplifies the picture. Ultimately, in suitable cases, the goal is for defense counsel to gather enough pieces of the puzzle to be able to credibly make an argument and have a Court permit the argument that plaintiff s purported memories are not trustworthy because of the influence of the litigation. In the more extreme of cases of obviously manipulated memory, defense counsel may attempt to invoke the crime-fraud exception to enable the discovery of potentially fraudulent communications between the attorney and client. However, this can be a difficult hurdle to overcome, in many circumstances requiring a factual basis for a showing of probable cause to believe that a fraud has been committed and that the communications were in furtherance of the fraud. See, e.g., In re New York City Asbestos Litig., 109 A.D.3d 7, 10 (1st Dep t 2013). 9. Use of Memory Experts Defense counsel should also consider the possibility of using memory experts when specific witness testimony provides a basis to argue that external, post-exposure events influenced the development of faulty memories. These experts should be used shrewdly, taking into account the witness s testimony and the particular jurisdiction s expert witness qualification requirements. Some jurisdictions allow memory experts to testify more frequently than others. For example, California courts have permitted memory experts to testify as to facts (as opposed to opinions) within their special knowledge that would assist the jury. See, e.g., People v. McDonald, 690 P.2d 709 (Cal. 1984). In these cases memory experts have been allowed to testify regarding scientific understandings of memory distortion, suggestion, source confusion, confidence and accuracy, and selectivity, enabling defense counsel to correct common misperceptions that jurors may carry regarding memory and cognition. These memory experts should Fraudulent Product Identification in Asbestos Litigation Dubin 1039

14 be considered for cases in which the plaintiff s only exposure evidence stems from eyewitness testimony, and there is at least some evidence of subsequent memory suggestion. In other jurisdictions that have not normally permitted experts to testify regarding eyewitness identification of products in civil cases, defense counsel should proceed cautiously in electing to use such experts. 1 The exclusion in one case may create a growing body of negative precedent for the use of memory experts in future cases. Therefore, in those jurisdictions without favorable case law, counsel should reserve the use of memory experts for only the most important cases. In counteracting plaintiffs firms anticipated motions to exclude such testimony based on the (flawed) notion that memory experts usurp the jury s role, defense counsel should note that memory experts do not provide their own opinion regarding the specific plaintiff s credibility, but rather the experts testify regarding the process of recording and recalling memories in general. Nevertheless, defense counsel must be prepared to show that the experts opinions on memory are sufficiently tied to the facts of the case so as to be relevant. Asking detailed memory questions of the plaintiff is key to establishing a foundation for relevance. Defense counsel can also cite to a body of law admitting expert testimony on eyewitness identification. E.g., Krist v. Eli Lilly and Co., 897 F.2d 293, 298 (7th Cir. 1990) (discussing memory expert testimony in products liability cases and noting that few cases involve recollections from forty years earlier and that psychological evidence may be helpful to the judges and jurors required to decide them ). 10. Condition the Jury It is important from the outset, particularly in voir dire, to be advancing core themes that help to fight against production identification fraud. For example: Burden of Proof: In any case, the issue of burden of proof is critical but it is even more so when vague product identification testimony is central to the defense. Jurors must personalize and understand the burden of proof. Jurors can be asked why we have a burden of proof and why it is important. Jurors can also be informed that the plaintiff begins the case losing, and they hold the burden of pushing their case past the point where each and every element of their claim is proven more likely than not. Importance of Getting the Right Answer: Similarly, jurors must be conditioned to care whether they get the right answer on issues of product identification. Too many jurors will believe it doesn t really matter if they don t like the company. A product identification defense, even one based on alleged fraudulent product identification, can t succeed in that environment. Defense counsel should continually emphasize the role of potential jurors as neutral referees who have a duty to decide the case fairly and accurately. The Right to Defend: Another classic issue for voir dire, with additional relevance in the context of fraudulent product identification. Jurors must get the impression and understand that the defendant is trying the case because it has been falsely accused. For example, many jurors may just believe that the defendant in products liability cases should just settle the suit, instead of fighting against sick plaintiffs. Defense counsel can ask jurors what they would do if they were sued and believed that they did not commit the acts that the hypothetical plaintiff claimed in the complaint, highlighting the reasonableness of defendants defense of such cases. Ability to Investigate / Non-Speculative Evidence: When defendants are faced with vague product identification testimony, they are deprived of their ability to properly investigate a claim. That s particularly noteworthy when plaintiffs memory is selectively focused on just remembering the product and not any of the details around the product use that could permit it to be 1040 Asbestos Medicine November 2014

15 investigated or verified. Jurors need to be conditioned to the idea that it is fair and reasonable for defendants to require actual and corroborating proof of plaintiffs vague product identification testimony. Ability of Memory to be Influenced: This is an important theme for cases in which defense counsel believes it is better not to outright attack the plaintiff for lying. Jurors need to be tested for their receptivity to the idea that our memories from a long time ago can be influenced. In picture book cases, the analogy of an unfair criminal line-up may also be available. Overall, the goal is to establish a platform for: (1) making weaknesses in product identification testimony important even in the face of alleged bad corporate conduct; (2) raising the evidentiary bar so the jury is not willing to accept a case based purely on vague testimony about alleged exposure; and (3) setting the stage for the argument that the defendant and the justice system are wronged when verdicts are based on memories created for the purpose of a lawsuit. 11. Communicate with Your Team Each and every person who works on the case, including junior attorneys and paralegals, should possess a baseline knowledge of the particular case, the ultimate goals, and an understanding of some of the different means that the team will use to pursue each of the outlined goals. Junior members of the team who are reviewing discovery materials and records will be better prepared to identify particular issues or suggest other areas of investigation if they have a stronger understanding of the issues and goals of the case at hand. Trial counsel should encourage creative thought and open discussion with and among all team members to ensure that all potential issues and discovery paths have been considered. 12. Collaborate with Co-Defendants Investigating, tracking product identification patterns, and assessing plaintiffs claims are challenging, time-consuming, and difficult tasks. However, communication and collaboration between co-defendants can help minimize costs, duplication of efforts, and may improve the overall quality of the knowledge possessed by the defense bar. By compiling a greater wealth of information defendants will have an improved ability to compare evidence and begin identifying new angles that can be used to defend against the everchanging strategies of the plaintiffs bar. III. Bankruptcy Trust Fraud Systematic abuse by plaintiffs attorneys of the asbestos bankruptcy trust system is well documented, and was dramatically reinforced by U.S. Bankruptcy Judge George R. Hodges January 10, 2014 decision In re Garlock Sealing Technologies, LLC, 504 B.R. 71 (W.D.N.C. 2014). Judge Hodges allowed Garlock to conduct discovery of fifteen plaintiffs represented by five different law firms to shed light on the extent to which plaintiffs concealed evidence of alternative exposures during the course of asbestos tort cases. Discovery in the fifteen cases revealed that plaintiffs disclosed exposure to an average of two bankrupt companies products during the tort process, but made claims against an average of nineteen bankrupt companies following settlement. Id. at 84. Judge Hodges concluded that Garlock convincingly demonstrated that plaintiffs firms routinely withhold information during the pendency of the tort process. Id. Former Delaware Superior Court Judge Peggy Ableman called Judge Hodges Garlock opinion required reading for all judges who preside over asbestos personal injury cases. The Garlock Decision Should be Required Reading for All Trial Court Judges in Asbestos Cases, 37 Am. J. Trial Advocacy 479, 488 (2014). The Garlock decision provides defense counsel a unique opportunity to push for reform. While perhaps more Fraudulent Product Identification in Asbestos Litigation Dubin 1041

16 easily said than achieved, the goal should be to obtain rules: (1) requiring prompt disclosure of claim forms (including so called placeholder claims); (2) penalizing plaintiffs for or preventing them from withholding trust claims until after a civil lawsuit has been resolved; and (3) permitting introduction of claim forms into evidence, even if not accompanied by a plaintiff affidavit, to establish exposure. Since the decision, some asbestos defendants have had limited success in obtaining discovery of claim forms submitted by plaintiffs firms to bankruptcy trusts. However, because the evidence remains under seal, effectively using the decision in the individual case has continued to prove challenging. However, bankruptcy trust abuse alone is not a solution to the root problem of product identification fraud. Indeed, if the goal of trust reform is to have plaintiffs identify more products in the civil litigation process, one underlying question is when are the plaintiffs lying? Do the lies come in the litigation system, when plaintiffs and their counsel deny alleged exposures they will later claim occurred? Or in the trust system when plaintiffs seek to recover from their readily available funds? This is further complicated by the fact that trust claims often are not supported by affidavits directly from the plaintiff and may be submitted under different evidentiary standards than apply in civil lawsuits. Of course, if plaintiffs, incentivized by trust funds, were unable to game the system and elected to admit exposure to other products (particularly amphibole products) in civil litigation, then solvent defendants would benefit. Nevertheless, solvent defendants would still face the threat of plaintiffs purported, potentially fraudulent, memories at trial of their own products. IV. Conclusion Defendants in asbestos litigation should tenaciously root out manipulated product identification disclosure and testimony. Judge Hodges decision in Garlock called national attention to the scope of plaintiffs firms abusive practices. Armed with increasingly probative statistical evidence of manipulative discovery practices, defense attorneys should demand transparency in the tort process through judicial and legislative reforms, while diligently rooting out manufactured memories and coached witness testimony in the court system. As the evidence of product identification fraud continues to mount, more courts may follow Judge Hodges lead by issuing more defendant-friendly CMOs, permitting more transparent discovery in asbestos litigation, and affording defense counsel broader leeway to confront the elephant in the room: product identification fraud. Endnote 1 In comparison, in New York, courts typically only allow memory experts to testify regarding eyewitness identification in criminal cases, and even in those circumstances courts have precluded such testimony. E.g., People v. Lee, 96 N.Y.2d 157 (2001) Asbestos Medicine November 2014

- 2 - Your appeal will follow these steps:

- 2 - Your appeal will follow these steps: QUESTIONS AND ANSWERS ABOUT YOUR APPEAL AND YOUR LAWYER A Guide Prepared by the Office of the Appellate Defender 1. WHO IS MY LAWYER? Your lawyer s name is on the notice that came with this guide. The

More information

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819

More information

How to Prepare for your Deposition in a Personal Injury Case

How to Prepare for your Deposition in a Personal Injury Case How to Prepare for your Deposition in a Personal Injury Case A whitepaper by Travis Mayor, Attorney If you have filed a civil lawsuit in your personal injury case against the at fault driver, person, corporation,

More information

THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS

THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS ABA Tort Trial & Insurance Practice Section Medicine and Law Committee Annual Meeting August 1, 2009 Jessie L. Harris Williams Kastner 601

More information

Sexual Assault of a Child VOIR DIRE QUESTIONS

Sexual Assault of a Child VOIR DIRE QUESTIONS ATTORNEYS Sexual Assault of a Child VOIR DIRE QUESTIONS 1. What are your feelings or opinions about criminal defense attorneys? 2. Have you ever had a bad experience with a criminal defense attorney? If

More information

JUROR S MANUAL (Prepared by the State Bar of Michigan)

JUROR S MANUAL (Prepared by the State Bar of Michigan) JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,

More information

The Federal Criminal Process

The Federal Criminal Process Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case

More information

Role Preparation. Preparing for a Mock Trial

Role Preparation. Preparing for a Mock Trial Civil Law Mock Trial: Role Preparation This package contains: PAGE Preparing for a Mock Trial 1-5 Time Chart 6 Etiquette 7-8 Role Preparation for: Plaintiff and Defendant Lawyers 9-12 Judge 13 Jury 13

More information

Seven Things You Must Know Before Hiring a DUI Lawyer

Seven Things You Must Know Before Hiring a DUI Lawyer Seven Things You Must Know Before Hiring a DUI Lawyer 1 Introduction Some people don t quite understand the severity of getting a DUI. In many cases, your license is instantly taken away and you won t

More information

Seven Things You Must Know Before Hiring a DUI Attorney

Seven Things You Must Know Before Hiring a DUI Attorney Seven Things You Must Know Before Hiring a DUI Attorney Seven Things to Know Before Hiring a DUI Attorney Copyright 2014 SmartWeb Online 1 Introduction Some people don t quite understand the severity of

More information

CROSS EXAMINATION OF AN EXPERT WITNESS IN A CHILD SEXUAL ABUSE CASE. Mark Montgomery

CROSS EXAMINATION OF AN EXPERT WITNESS IN A CHILD SEXUAL ABUSE CASE. Mark Montgomery CROSS EXAMINATION OF AN EXPERT WITNESS IN A CHILD SEXUAL ABUSE CASE Mark Montgomery Post Office Box 161 Durham, NC 27702 (919) 680-6249 mark.montgomery@mindspring.com Opinion Testimony by a Pediatrician/Nurse/Counselor/Social

More information

New York Law Journal. Wednesday, July 31, 2002

New York Law Journal. Wednesday, July 31, 2002 New York Law Journal Wednesday, July 31, 2002 HEADLINE: BYLINE: Trial Advocacy, Cross-Examination: The Basics Ben B. Rubinowitz and Evan Torgan BODY: Cross-examination involves relatively straightforward

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION. v. 1:07-CV-2509-CAP ORDER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION. v. 1:07-CV-2509-CAP ORDER Case 1:07-cv-02509-CAP Document 1041 Filed 01/27/15 Page 1 of 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA ex rel. ALON J. VAINER, M.D., F.A.C.P.,

More information

CREATING & DEVELOPING WINNING THEMES & ARGUMENTS By: Ervin A. Gonzalez

CREATING & DEVELOPING WINNING THEMES & ARGUMENTS By: Ervin A. Gonzalez CREATING & DEVELOPING WINNING THEMES & ARGUMENTS By: Ervin A. Gonzalez I. INTRODUCTION A winning trial attorney recognizes that to reach the goal of a successful verdict, you must first develop a plan

More information

The Defense Lawyer s Tool Kit For Working With Medical Experts

The Defense Lawyer s Tool Kit For Working With Medical Experts The Defense Lawyer s Tool Kit For Working With Medical Experts Jessie L. Harris You may have to play catch-up, but you can play it to win. Jessie L. Harris is a trial lawyer and Member in the Seattle office

More information

The Lack of Transparency in Asbestos Litigation. Seattle, Washington

The Lack of Transparency in Asbestos Litigation. Seattle, Washington The Lack of Transparency in Asbestos Litigation Paper: Janice Robinson Pennington San Diego, California Presentation: Brian Weinstein, Esq. Weinstein Couture PLLC Seattle, Washington BASF Catalysts, LLC,

More information

The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014

The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 Role of Juvenile Defense Counsel: Forensic Exercise: Question

More information

Case 1:10-cr-00134-WSD-LTW Document 69 Filed 01/21/11 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:10-cr-00134-WSD-LTW Document 69 Filed 01/21/11 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Case 1:10-cr-00134-WSD-LTW Document 69 Filed 01/21/11 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION UNITED STATES OF AMERICA, : : CRIMINAL INDICTMENT NO.:

More information

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective by Lawrence R. DeMarcay, III Presented to the Offshore Marine Services Association / Loyola College of Law Industry Seminar

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

ROLES TO ASSIGN. 1. Judge. 2. Courtroom Deputy. 3. Prosecutor 1 opening statement. 4. Prosecutor 2 direct of Dana Capro

ROLES TO ASSIGN. 1. Judge. 2. Courtroom Deputy. 3. Prosecutor 1 opening statement. 4. Prosecutor 2 direct of Dana Capro ROLES TO ASSIGN 1. Judge 2. Courtroom Deputy 3. Prosecutor 1 opening statement 4. Prosecutor 2 direct of Dana Capro 5. Prosecutor 3 direct of Jamie Medina 6. Prosecutor 4 cross of Pat Morton 7. Prosecutor

More information

Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3

Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 Attachment No. 2 Proposed Plain Language Revisions to Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 The work of the Plain Language Subcommittee is set forth below. For comparison, the redrafted

More information

Medical Malpractice VOIR DIRE QUESTIONS

Medical Malpractice VOIR DIRE QUESTIONS Medical Malpractice VOIR DIRE QUESTIONS INTRODUCTION: Tell the jurors that this is a very big and a very important case. Do a SHORT summary of the case and the damages we are seeking. This summary should

More information

Reptile Theory: A Tail of Two Reptiles. Julia B. Semenak

Reptile Theory: A Tail of Two Reptiles. Julia B. Semenak Reptile Theory: A Tail of Two Reptiles Julia B. Semenak If phrases like safety rules and community safety sound familiar, you have likely encountered a plaintiff s lawyer using the strategies set forth

More information

The Indiana Coalition Against Domestic Violence

The Indiana Coalition Against Domestic Violence Evidentiary Issues in Domestic Cases: An Overview Introduction A. Importance of legal representation in cases that involve domestic violence. B. History of protection order laws and implications for evidence.

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

More information

The John Crane Decision: What It Means and What It Does Not Mean

The John Crane Decision: What It Means and What It Does Not Mean The John Crane Decision: What It Means and What It Does Not Mean By Roger T. Creager Virginia attorneys have been reviewing their expert disclosures more carefully to make certain they are sufficient under

More information

Case 10-31607 Doc 4115 Filed 10/02/14 Entered 10/02/14 16:24:08 Desc Main Document Page 1 of 6

Case 10-31607 Doc 4115 Filed 10/02/14 Entered 10/02/14 16:24:08 Desc Main Document Page 1 of 6 Document Page 1 of 6 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division In re: Garlock Sealing Technologies LLC, et al., Debtors. 1 Case No. 10-BK-31607 Chapter

More information

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant

More information

How Do People Settle Disputes? How a Civil Trial Works in California

How Do People Settle Disputes? How a Civil Trial Works in California Article brought to you by the Administrative Office of the California Courts and California Council for the Social Studies in partnership for Civic Education How Do People Settle Disputes? How a Civil

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) Case No. 09-00296-03-CR-W-FJG ) ROBERT E. STEWART, ) ) Defendant.

More information

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address?

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address? SMALL CLAIMS COURT What Is Small Claims Court? Nebraska law requires that every county court in the state have a division known as Small Claims Court (Nebraska Revised Statute 25-2801). Small Claims Court

More information

REPRESENTING YOURSELF AND YOUR BUSINESS IN MAGISTRATE COURT

REPRESENTING YOURSELF AND YOUR BUSINESS IN MAGISTRATE COURT REPRESENTING YOURSELF AND YOUR BUSINESS IN MAGISTRATE COURT I. INTRODUCTION Business is rife with conflict. To succeed, a business owner must be adept at resolving these disputes quickly and efficiently.

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. J. MICHAEL SEABRIGHT United States District Judge

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. J. MICHAEL SEABRIGHT United States District Judge IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII August 8, 2011 J. MICHAEL SEABRIGHT United States District Judge GENERAL FEDERAL JURY INSTRUCTIONS IN CIVIL CASES INDEX 1 DUTY OF JUDGE 2

More information

Free Legal Consumer Guide Series www.southernmarylandlaw.com

Free Legal Consumer Guide Series www.southernmarylandlaw.com Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs For 50 Years 2 What You Need To Know About Workers Compensation HOW TO USE THIS GUIDE If you read this guide, you will discover

More information

Opening Statements Handout 1

Opening Statements Handout 1 Opening Statements Handout 1 Once the jury has been chosen, the attorneys for both sides deliver an opening statement about the case to the jury. Opening statements outline the facts that the attorneys

More information

Presenting a False Claims Act Case: Back to Basics Randall M. Fox

Presenting a False Claims Act Case: Back to Basics Randall M. Fox Reprinted with permission from the New York Law Journal New York Law Journal December 9, 2014 OUTSIDE COUNSEL Presenting a False Claims Act Case: Back to Basics Randall M. Fox Randall M. Fox is a partner

More information

A Guide for Childhood Sexual Abuse Survivors

A Guide for Childhood Sexual Abuse Survivors You are not alone. It was not your fault. You have courage. You have choices. You have power. We re here to help. A Guide for Childhood Sexual Abuse Survivors Breaking the silence. Raising Awareness. Fighting

More information

COURT S INSTRUCTIONS TO THE JURY (CIVIL) SEXUAL HARASSMENT. I will now explain to you the rules of law that you must follow and apply in

COURT S INSTRUCTIONS TO THE JURY (CIVIL) SEXUAL HARASSMENT. I will now explain to you the rules of law that you must follow and apply in IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA KEYBOARD()DIVISION KEYBOARD(), Plaintiff, v. KEYBOARD(), Defendants. ] ] ] ] ] ] ] ] ] CV Members of the Jury: COURT S INSTRUCTIONS

More information

OPENING INSTRUCTIONS

OPENING INSTRUCTIONS OPENING INSTRUCTIONS Members of the Jury: Respective Roles of Jurors and Judge You ve been chosen as jurors for this case, and you ve taken an oath to decide the facts fairly. As we begin the trial, I

More information

AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM

AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM 2006 AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM OUTCOMES As a result of this lesson, students will be able to: Summarize juvenile court process and procedures Define legal terms used in the juvenile justice

More information

IADC MID-YEAR MEETING MAUI, HAWAII PRESENTATION JULY 8, 2013

IADC MID-YEAR MEETING MAUI, HAWAII PRESENTATION JULY 8, 2013 IADC MID-YEAR MEETING MAUI, HAWAII PRESENTATION JULY 8, 2013 JOINT MEETING OF PRODUCTS, INTERNATIONAL, TOXIC AND HAZARDOUS SUBSTANCES, AND CLASS ACTIONS AND MULTI-PARTY LITIGATION COMMITTEES FROM AMOSITE

More information

SUPERIOR COURT OF ARIZONA MARICOPA COUNTY LC2014-000424-001 DT 01/22/2015 THE HON. CRANE MCCLENNEN HIGHER COURT RULING / REMAND

SUPERIOR COURT OF ARIZONA MARICOPA COUNTY LC2014-000424-001 DT 01/22/2015 THE HON. CRANE MCCLENNEN HIGHER COURT RULING / REMAND Michael K. Jeanes, Clerk of Court *** Filed *** 01/26/2015 8:00 AM THE HON. CRANE MCCLENNEN STATE OF ARIZONA CLERK OF THE COURT J. Eaton Deputy GARY L SHUPE v. MONICA RENEE JONES (001) JEAN JACQUES CABOU

More information

MSPB HEARING GUIDE TABLE OF CONTENTS. Introduction... 1. Pre-Hearing Preparation... 2. Preparation of Witness... 4. Preparation of Documents...

MSPB HEARING GUIDE TABLE OF CONTENTS. Introduction... 1. Pre-Hearing Preparation... 2. Preparation of Witness... 4. Preparation of Documents... MSPB HEARING GUIDE TABLE OF CONTENTS Introduction........................................................ 1 Pre-Hearing Preparation............................................... 2 Preparation of Witness................................................

More information

New York Law Journal. Tuesday, August 22, 2000. Trial Advocacy, Cross-Examination Of A Medical Expert: Collateral Attack

New York Law Journal. Tuesday, August 22, 2000. Trial Advocacy, Cross-Examination Of A Medical Expert: Collateral Attack New York Law Journal Tuesday, August 22, 2000 HEADLINE: BYLINE: Trial Advocacy, Cross-Examination Of A Medical Expert: Collateral Attack Ben B. Rubinowitz and Evan Torgan BODY: Expert testimony adds a

More information

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated Child Abuse, Child Neglect What Parents Should Know If They Are Investigated Written by South Carolina Appleseed Legal Justice Center with editing and assistance from the Children s Law Center and the

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA JAMES MICHAEL WATSON 03-13355 DEBTOR CHAPTER 7

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA JAMES MICHAEL WATSON 03-13355 DEBTOR CHAPTER 7 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF LOUISIANA IN RE: CASE NO. JAMES MICHAEL WATSON 03-13355 DEBTOR CHAPTER 7 SECURITY RESOURCES, L.L.C. ADV. NO and INTERFACE SECURITY SYSTEMS, L.L.C. 04-1005

More information

The Legal System in the United States

The Legal System in the United States The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed

More information

The opening statement is a most important part of trying a lawsuit. Many lawyers do not

The opening statement is a most important part of trying a lawsuit. Many lawyers do not OPENING STATEMENTS Introduction The opening statement is a most important part of trying a lawsuit. Many lawyers do not treat the opening statement with the importance it deserves. Many opening statements

More information

ASBESTOS LITIGATION UPDATE: Richard O. Faulk Partner, Hollingsworth LLP Washington, DC

ASBESTOS LITIGATION UPDATE: Richard O. Faulk Partner, Hollingsworth LLP Washington, DC ASBESTOS LITIGATION UPDATE: OR Richard O. Faulk Partner, Hollingsworth LLP Washington, DC Asbestos Litigation: The Neverending Story This case is prompted by the elephantine mass of asbestos cases,...

More information

STEPS IN A TRIAL. Note to Students: For a civil case, substitute the word plaintiff for the word prosecution.

STEPS IN A TRIAL. Note to Students: For a civil case, substitute the word plaintiff for the word prosecution. STEPS IN A TRIAL Note to Students: For a civil case, substitute the word plaintiff for the word prosecution. A number of events occur during a trial, and most must happen according to a particular sequence.

More information

You and Your Lawyer. Public Legal Education and Information Service of New Brunswick

You and Your Lawyer. Public Legal Education and Information Service of New Brunswick You and Your Lawyer Public Legal Education and Information Service of New Brunswick Public Legal Education and Information Service of New Brunswick (PLEIS-NB) is a non-profit charitable organization. Its

More information

*Rule 1.4(a) *Rule 1.16(a) *Rule 1.16(a)(2) *Rule 1.16(b) *Rule 3.3 *DR7-102(A)(4) *DR7-102(A)(6)

*Rule 1.4(a) *Rule 1.16(a) *Rule 1.16(a)(2) *Rule 1.16(b) *Rule 3.3 *DR7-102(A)(4) *DR7-102(A)(6) NEW HAMPSHIRE BAR ASSOCIATION Ethics Committee Formal Opinion 1993-94/7 Candor to Tribunal: Use of Questionable Evidence In Criminal Defense January 27, 1994 RULE REFERENCES: *Rule 1.2 *Rule 1.2(a) *Rule

More information

Alternative Burdens May Come With Alternative Causes

Alternative Burdens May Come With Alternative Causes Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Alternative Burdens May Come With Alternative Causes

More information

Litigating the Products Liability Case: Discovery

Litigating the Products Liability Case: Discovery www.goldbergsegalla.com NEW YORK PENNSYLVANIA CONNECTICUT NEW JERSEY UNITED KINGDOM Litigating the Products Liability Case: Discovery New York State Bar Association Buffalo, NY October 22, 2013 Presenter

More information

For over 40 years, courts nationwide have addressed claims for

For over 40 years, courts nationwide have addressed claims for 8 verdict Volume 2 2015 ASBESTOS LITIGATION: New Order on Disclosure of Bankruptcy Filings Creates New Transparency by Stephen J. Kelley For over 40 years, courts nationwide have addressed claims for compensation

More information

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS By Celeste King, JD and Barrett Breitung, JD* In 1998

More information

EARLY CARE & EDUCATION LAW UNIT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT

EARLY CARE & EDUCATION LAW UNIT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT EARLY CARE & EDUCATION LAW UNIT Publication Date: November 2013 WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT In the operation of your child care business you may encounter problems which force you to

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS I. INTRODUCTION TO THE SMALL CLAIMS COURT...1 Page II. THINGS TO CONSIDER BEFORE BRINGING A CLAIM...1 A. WHO

More information

A summary and analysis of Borg-Warner is attached.

A summary and analysis of Borg-Warner is attached. According to Andrew Schirrmeister, plaintiffs lawyers specializing in toxic tort litigation are scrambling. On June 8, 2007, in Borg-Warner Corp. v. Flores, 1 the Texas Supreme Court issued a significant

More information

Scaled Questions During Jury Selection

Scaled Questions During Jury Selection Scaled Questions During Jury Selection By: Ben Rubinowitz and Evan Torgan One of the most crucial tasks a trial attorney must undertake is selecting a pool of jurors that will view her client's case in

More information

Confrontation in Domestic Violence Litigation: What Every New Attorney Should Know about the Necessity of Victim Participation

Confrontation in Domestic Violence Litigation: What Every New Attorney Should Know about the Necessity of Victim Participation Confrontation in Domestic Violence Litigation: What Every New Attorney Should Know about the Necessity of Victim Participation By: Michael D. Dean i Those experienced in domestic violence litigation are

More information

CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS

CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS Martin M. Ween, Esq. Partner Wilson, Elser, Moskowitz, Edelman

More information

DISCOVERY IN A COVERAGE CASE

DISCOVERY IN A COVERAGE CASE DISCOVERY IN A COVERAGE CASE Michael J. Mohlman Smith Coonrod Mohlman, LLC 7001 W. 79th Street Overland Park, KS 66204 Telephone: (913) 495-9965; Facsimile: (913) 894-1686 mike@smithcoonrod.com www.smithcoonrod.com

More information

IN RE GARLOCK: GAME CHANGER OR ABERRATION IN THE ASBESTOS LITIGATION AND BANKRUPTCY INDUSTRY. Mark Nebrig

IN RE GARLOCK: GAME CHANGER OR ABERRATION IN THE ASBESTOS LITIGATION AND BANKRUPTCY INDUSTRY. Mark Nebrig IN RE GARLOCK: GAME CHANGER OR ABERRATION IN THE ASBESTOS LITIGATION AND BANKRUPTCY INDUSTRY Mark Nebrig There are 6,000 Asbestos Defendants Today, with 200 Primary Targets. Not all are predictable 3M

More information

TIPS AND ADVICE TO ENSURE THE BEST OUTCOME FOR YOUR PERSONAL INJURY CASE.

TIPS AND ADVICE TO ENSURE THE BEST OUTCOME FOR YOUR PERSONAL INJURY CASE. A CONSUMER S GUIDE TO A SUCCESSFUL PERSONAL INJURY CLAIM TIPS AND ADVICE TO ENSURE THE BEST OUTCOME FOR YOUR PERSONAL INJURY CASE. MATERIAL PROVIDED BY: DICAUDO & YODER, LLC A CONSUMER S GUIDE TO A SUCCESSFUL

More information

Conviction Integrity Unit Best Practices October 15, 2015

Conviction Integrity Unit Best Practices October 15, 2015 Conviction Integrity Unit Best Practices October 15, 2015 District Attorney s offices are increasingly creating Conviction Integrity Units (CIUs) to re examine questionable convictions and guard against

More information

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection As amended by P.L.79-2007. INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection IC 5-11-5.5-1 Definitions Sec. 1. The following definitions

More information

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF ALABAMA. DEBORAH B. GIBSON Case No. 04-11822

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF ALABAMA. DEBORAH B. GIBSON Case No. 04-11822 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF ALABAMA IN RE: DEBORAH B. GIBSON Case No. 04-11822 Debtor ORDER GRANTING THE TRUSTEE S MOTION TO COMPEL ENFORCEMENT OF THE SETTLEMENT Melissa W. Wetzel,

More information

A JAILHOUSE LAWYER S MANUAL

A JAILHOUSE LAWYER S MANUAL A JAILHOUSE LAWYER S MANUAL Chapter 4: How to Find a Lawyer Columbia Human Rights Law Review Ninth Edition 2011 LEGAL DISCLAIMER A Jailhouse Lawyer s Manual is written and updated by members of the Columbia

More information

THE COURT: You have been selected and sworn to determine the facts and

THE COURT: You have been selected and sworn to determine the facts and 1 THE COURT: You have been selected and sworn to determine the facts and render a verdict in the case of the Commonwealth / 1 of Pennsylvania versus Robert Greene, who is charged with one count of robbery,

More information

Please scroll down and continue reading for my response to the government s motion that I be examined by a government expert

Please scroll down and continue reading for my response to the government s motion that I be examined by a government expert My detractors on the internet, of which I have many, largely made up of tax lawyers who try to discredit me because I represent a threat their livelihood, and certain people whose ideas on the income tax

More information

Restitution Basics for Victims of Crimes by Adults

Restitution Basics for Victims of Crimes by Adults Restitution Basics for Victims of Crimes by Adults If you are the victim of a crime, you have a right to be repaid for losses that resulted from the crime. This booklet will help you understand: How to

More information

INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE?

INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE? INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE? Medical malpractice is a broad term used to describe a number of different kinds of lawsuits brought against doctors and hospitals.

More information

But For Causation in Defective Drug and Toxic Exposure Cases: California s Form Jury Instruction CACI 430

But For Causation in Defective Drug and Toxic Exposure Cases: California s Form Jury Instruction CACI 430 But For Causation in Defective Drug and Toxic Exposure Cases: California s Form Jury Instruction CACI 430 By Matt Powers and Charles Lifland Since the California Supreme Court s 1991 decision in Mitchell

More information

(404) 919-9756 david@davidbrauns.com www.davidbrauns.com

(404) 919-9756 david@davidbrauns.com www.davidbrauns.com You are probably reading this guide because you were recently in an automobile accident. Now you are faced with some difficulties. The tasks of managing your care and your insurance claim can be confusing

More information

A Mediation Primer for the Plaintiff s Attorney

A Mediation Primer for the Plaintiff s Attorney By: Bruce Brusavich A Mediation Primer for the Plaintiff s Attorney Making your case stand out to the other side, and what to do when they ask you to dance. Make the Defense Ask to Mediate Obtaining a

More information

REPLY TO OPPOSITION TO PETITION FOR A WRIT OF CERTIORARI

REPLY TO OPPOSITION TO PETITION FOR A WRIT OF CERTIORARI No. 14-182 In the Supreme Court of the United States DANIEL T. IRISH, vs. Petitioner, BURL CAIN, Warden, Louisiana State Penitentiary, ON PETITION FOR A WRIT OF CERTIORARI TO THE LOUISIANA SUPREME COURT

More information

David Crum, Esq. Managing Partner New Mexico Legal Group, P.C.

David Crum, Esq. Managing Partner New Mexico Legal Group, P.C. David Crum, Esq. Managing Partner New Mexico Legal Group, P.C. ABOUT THE AUTHOR David Crum, Esq. David Crum is the Managing Partner of New Mexico Legal Group, P.C., an Albuquerque-based criminal defense

More information

You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit

You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit California employers facing their first employment lawsuit can be in for a rude awakening. Such lawsuits are a harsh introduction to

More information

Case 10-31607 Doc 4058 Filed 09/11/14 Entered 09/11/14 19:09:29 Desc Main Document Page 1 of 11

Case 10-31607 Doc 4058 Filed 09/11/14 Entered 09/11/14 19:09:29 Desc Main Document Page 1 of 11 Document Page 1 of 11 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division IN RE: GARLOCK SEALING TECHNOLOGIES LLC 1, et al. Debtors. Case No. 10-31607 Chapter 11

More information

VOIR DIRE FROM THE DEFENSE PERSPECTIVE JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C. 44--1

VOIR DIRE FROM THE DEFENSE PERSPECTIVE JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C. 44--1 VOIR DIRE FROM THE DEFENSE PERSPECTIVE BY JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C. 44--1 You have been sitting in your chair at counsel table for a good part of the day, perhaps making an

More information

What the Jury Hears in Products Liability Litigation. The View From Both Sides and the Middle

What the Jury Hears in Products Liability Litigation. The View From Both Sides and the Middle What the Jury Hears in Products Liability Litigation The View From Both Sides and the Middle Theresa Zagnoli, Communications Expert and Jury Consultant Susan T. Dwyer, Defense Lawyer Jeffrey A. Lichtman,

More information

Defensive Strategies in False Marking Suits After Stauffer and Pequignot

Defensive Strategies in False Marking Suits After Stauffer and Pequignot Defensive Strategies in False Marking Suits After Stauffer and Pequignot Contributed by Angie M. Hankins, Stroock & Stroock & Lavan LLP Many companies inadvertently mark their products with expired patents.

More information

causes of actions based on Travelers own tortious conduct and not directly related to the Manville insurance policies.[12]

causes of actions based on Travelers own tortious conduct and not directly related to the Manville insurance policies.[12] Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com The Significance Of Travelers V. Bailey Law360,

More information

POST LITIGATION BAD FAITH THE POTENTIALLY ERODING DEFENSE OF THE INSURER. Bradley J. Vance, Esquire 1

POST LITIGATION BAD FAITH THE POTENTIALLY ERODING DEFENSE OF THE INSURER. Bradley J. Vance, Esquire 1 POST LITIGATION BAD FAITH THE POTENTIALLY ERODING DEFENSE OF THE INSURER Bradley J. Vance, Esquire 1 For years Pennsylvania law has defined the bad faith cause of action based upon the terms of 42 Pa.C.S.A.

More information

Case 5:14-cv-00093-RS-GRJ Document 21 Filed 05/28/14 Page 1 of 9

Case 5:14-cv-00093-RS-GRJ Document 21 Filed 05/28/14 Page 1 of 9 Case 5:14-cv-00093-RS-GRJ Document 21 Filed 05/28/14 Page 1 of 9 MARY SOWELL et al., Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION Page 1 of

More information

IT S OK TO SAY I M SORRY. Anything you say can and will be used against you in a court of law.

IT S OK TO SAY I M SORRY. Anything you say can and will be used against you in a court of law. IT S OK TO SAY I M SORRY Anything you say can and will be used against you in a court of law. We are all familiar with this phrase from the Miranda warning. It essentially advises a person accused of a

More information

Restitution Basics for Victims of Offenses by Juveniles

Restitution Basics for Victims of Offenses by Juveniles Restitution Basics for Victims of Offenses by Juveniles If you are the victim of an offense committed by a youth under the age of 18, you have a right to be repaid for losses that resulted from the offense.

More information

2013 IL App (1st) 120546-U. No. 1-12-0546 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2013 IL App (1st) 120546-U. No. 1-12-0546 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2013 IL App (1st) 120546-U Third Division March 13, 2013 No. 1-12-0546 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

Exercise Care When Suing for Unpaid Fees. by Anthony Davis 1 & Michael Downey 2

Exercise Care When Suing for Unpaid Fees. by Anthony Davis 1 & Michael Downey 2 Exercise Care When Suing for Unpaid Fees by Anthony Davis 1 & Michael Downey 2 When a client does not pay, should a law firm file suit to collect unpaid fees? For a long time, many have suggested the answer

More information

Trying a Labor Law Case with a Sole Proximate Cause Defense

Trying a Labor Law Case with a Sole Proximate Cause Defense Trying a Labor Law Case with a Sole Proximate Cause Defense By Ben Rubinowitz and Evan Torgan Although Labor Law Section 240 was designed to protect workers, making owners and general contractors strictly

More information

Question 5. After the trial, Attorney sent a $500 gift certificate to Doctor, with a note thanking her for recommending that Peter call him.

Question 5. After the trial, Attorney sent a $500 gift certificate to Doctor, with a note thanking her for recommending that Peter call him. Question 5 Attorney mailed a professional announcement to several local physicians, listing his name and address and his area of law practice as personal injury. Doctor received Attorney s announcement

More information

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS Case 307-cr-00289-M Document 368 Filed 08/01/2008 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS UNITED STATES OF AMERICA, v. DON HILL, et al., Defendants. NO. 307CR289-R ELECTRONICALLY

More information

Listen to Your Doctor and Theirs: The Treating Physician as An Expert Witnesses

Listen to Your Doctor and Theirs: The Treating Physician as An Expert Witnesses The DelliCarpini Law Firm Melville Law Center 877.917.9560 225 Old Country Road fax 631.923.1079 Melville, NY 11747 www.dellicarpinilaw.com John M. DelliCarpini Christopher J. DelliCarpini (admitted in

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 15-1328 NEAL D. SECREASE, JR., v. Plaintiff-Appellant, THE WESTERN & SOUTHERN LIFE INSURANCE COMPANY, et al., Defendants-Appellees. Appeal

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES OF AMERICA v. CRIMINAL ACTION H-00-0000 DEFENDANT(S) JURY INSTRUCTIONS I. General A. Introduction Members of the Jury:

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE MEMORANDUM OPINION 2

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE MEMORANDUM OPINION 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE IN RE: Specialty Products Holdings Corp., et al. Bankruptcy No. 10-11780 Debtor(s) 1 Chapter 11 (Jointly Administered) Related to Doc.

More information