Jury Selection in Personal Injury Litigation: Connecting With Today's Jury Pool

Size: px
Start display at page:

Download "Jury Selection in Personal Injury Litigation: Connecting With Today's Jury Pool"

Transcription

1 Presenting a live 90-minute webinar with interactive Q&A Jury Selection in Personal Injury Litigation: Connecting With Today's Jury Pool Using Effective Juror Profiling and Voir Dire to Pick the Best Jury WEDNESDAY, FEBRUARY 5, pm Eastern 12pm Central 11am Mountain 10am Pacific Today s faculty features: Jeb Butler, Attorney, Butler, Wooten & Fryhofer, Atlanta Paul Simonson, Senior Partner, Simonson Hess Leibowitz & Goodman, New York Darren M. Tobin, Attorney, Childers Schlueter & Smith, Atlanta The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions ed to registrants for additional information. If you have any questions, please contact Customer Service at ext. 10.

2 Tips for Optimal Quality FOR LIVE EVENT ONLY Sound Quality If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection. If the sound quality is not satisfactory, you may listen via the phone: dial and enter your PIN when prompted. Otherwise, please send us a chat or immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. Viewing Quality To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again.

3 Continuing Education Credits FOR LIVE EVENT ONLY For CLE purposes, please let us know how many people are listening at your location by completing each of the following steps: In the chat box, type (1) your company name and (2) the number of attendees at your location Click the SEND button beside the box If you have purchased Strafford CLE processing services, you must confirm your participation by completing and submitting an Official Record of Attendance (CLE Form). You may obtain your CLE form by going to the program page and selecting the appropriate form in the PROGRAM MATERIALS box at the top right corner. If you'd like to purchase CLE credit processing, it is available for a fee. For additional information about CLE credit processing, go to our website or call us at ext. 35.

4 Program Materials FOR LIVE EVENT ONLY If you have not printed the conference materials for this program, please complete the following steps: Click on the ^ symbol next to Conference Materials in the middle of the lefthand column on your screen. Click on the tab labeled Handouts that appears, and there you will see a PDF of the slides for today's program. Double click on the PDF and a separate page will open. Print the slides by clicking on the printer icon.

5 VOIR DIRE

6 Main Objectives AS YOU JUDGE, SO SHALL YE BE JUDGED 6

7 Main Objectives SOCIAL MEDIA: SEEK AND YE SHALL FIND 7

8 Main Objectives EMPATHY 8

9 Main Objectives SOMETIMES THE LOUDEST TRUMPET BLOWS THE CLEAREST NOTE 9

10 Tort Reform Are jury awards too high? No 13.9% Don't Know 5% Maybe 28% Yes 53.1% 10

11 Tort Reform 11

12 Tort Reform Are people too ready to sue? Maybe 7% No 4% Yes 89% 12

13 Tort Reform Never forget, almost every case has been won or lost when the jury is sworn. -Clarence Darrow 13

14 Tort Reform product liability survey: Whether it was the one paragraph survey summary of the case, the fourteen page presentation with visuals in the online groups or the one hour recorded presentation, the hard core jurors (those who answered all civil justice questions in a pro-defense way) voted for the defense. 14

15 Tort Reform source of news television, radio programs McDonald s coffee frivolous lawsuits drive up costs of insurance, products, medicine caps pain & suffering punitive damages burden of proof would not file a lawsuit most American companies are honest and ethical 15

16 Batson Challenges TWO STRIKES 1. Struck for Cause potential juror stating that there is some aspect of the law that he or she cannot or will not follow, or 2. Peremptory Strike for virtually any reason at all 16

17 Batson Challenges HISTORY Batson v. Kentucky, 476 US 79 (1986) peremptory challenge in a State criminal case may not be used to exclude jurors based solely on their race. violates the Equal Protection Clause of the 14 th Amendment. The case gave rise to the term Batson challenge. Supreme Court has extended this prohibition to the peremptory strikes to jurors ethnicity and gender. See Hernandez v. New York, 500 U.S. 352, 355 (1991) (extending Batson to ethnicity conscious challenges); J.E.B. v. Alabama, 511 U.S. 127, 146 (1994) (extending Batson to gender conscious challenges). 17

18 Batson Challenges BATSON AS APPLIED IN CIVIL CASES Edmonson v. Leesville Concrete Co. 500 US 614 (1991) private litigant in a civil trial may not use racially motivated mptory strikes any more than a government prosecutor may during a criminal trial: pere Racial discrimination has no place in the courtroom, whether the proceeding is civil or criminal. For the limited purpose of jury selection, private litigants act as government actors and thus cannot violate the jurors constitutionally guarantees equal protection rights. 18

19 Batson Challenges HOW TO MAKE A BATSON CHALLENGE Same Three Part Test Applies in Criminal and Civil Trials Establish a prima facie case of discrimination. Neutral explanation for challenging the jurors. Reasons given need not rise to the level justifying exercise of a challenge for cause, but can t amount to mere denial of a discriminatory intent explanation doesn t have to be persuasive, or even plausible, only one with facial validity. Court must decide if the complaining party has established purposeful discrimination. A trial court may not simply accept a given reason at face value but has to examine the lawyer s justification for the challenges. Credibility can be measured by many factors. 19

20 Batson Challenges IN WHAT OTHER CONTEXTS HAS BATSON CHALLENGE BEEN USED Judges Jurors Sexual Orientation? Maybe see SmithKline Beecham Corporation v. Abbott Laboratories. 3-judge panel of the 9 th Circuit Court of Appeals ruled unanimously on January 21, 2014: distinctions based on sexual orientation are subject to the heightened scrutiny standard of review and that equal protection prohibits peremptory strikes based on sexual orientation. 20

21 Batson Challenges WHEN ARE BATSON CHALLENGES MOST LIKELY TO SUCCEED Not on a gut feeling Alex v. Rayne Concrete Service, 52 So. 2d 138, 148 (La. 2007): personal injury case, defense counsel struck an African-American female based on a gut feeling that she did not like the company, but liked the plaintiff such a reason as gut feeling is most ambiguous and inclusive of discriminatory intent. gut feelings may factor into the decision to utilize a peremptory challenge, but this reason alone does not satisfy Batson in the absence of any follow up questioning Not on body mechanics Zakour v.ut Medical Group, Inc., 215 SW 3d 763, 765 (Tenn. 2007): medical malpractice case, the defendants used six of eight peremptory strikes to remove females all based on experience and body mechanics To avoid a Batson violation, counsel should specifically state the particular body language that forms the basis for a peremptory challenge 21

22 Batson Challenges REMEDY FOR SUCCESSFULLY SHOWING A BATSON VIOLATION Footnote 24 identifies TWO POSSIBLE REMEDIES: 1) discharging the venire and selecting a new panel or 2) reseating the improperly stricken juror Are these the only permissible remedies? / Is one more preferred over the other? How about State Courts what do they say: Inconsistent some state courts have read the relevant footnote in Batson to set out the only available remedies others say the two remedies are among others and have imposed alternative remedies forfeiture of peremptory challenges, giving the side prejudiced by the Batson violation additional peremptory challenges, granting a mistrial, and imposing sanctions on the attorney making the improper challenge Georgia Supreme Court reseat a juror who was stricken is appropriate only where the juror was unaware that he or she was improperly challenged. See, e.g., Holmes v. State, 543 S.E.2d 688, 691 (Ga. 2001) (the jurors remain unaware of the party who struck them, reinstating improperly challenged jurors does not abridge the defendant's right to a fair and impartial jury. ) North Carolina and South Carolina Supreme Courts starting anew is the better practice Legislative Constraints KNOW YOUR STATE! Some state legislatures have withdrawn trial court discretion via statutes requiring dismissal of the entire venire whenever a court finds challenges based on race 22

23 Batson Challenges CONCLUSION Make sure you have a good record in case you choose to appeal Raising a Batson claim on appeal is fact intensive Listen to the reasons offered for striking minorities Timely objections Understand the Goal and the Distinguishing Difference Goal FAIR system We don t believe that the jury panel must be comprised of folks with the same skin color as the defendant but we do believe that the system by which to pick those jurors is fair. You re effectively accusing him of racism. Don t worry. Maybe he has a little in him Story of the Georgia Lawyer 23

24 Main Objectives Round Two YOU MUST GET RID OF THE ONES YOU HATE 24

25 Main Objectives Round Two AND MOSES HANDED DOWN THE LAW FROM THE MOUNTAINTOP 25

26 Main Objectives Round Two WILL THE BLIND LEAD THE BLIND 26

27 Main Objectives Round Two PLENTY OF TIME 27

28 Jury Selection Principles Dress for Success First impressions are lasting impressions; and, You never get a second chance to make a first impression During voir dire, wear warm and friendly colors. Try avoid power clothing during as power clothing should be worn when you want the jury to focus their attention on you. Don t wear: expensive jewelry, diamonds, more than one ring on each hand, fancy rings, Rolex watches, gold bracelets, etc. Share the love 28

29 Jury Selection Principles Smooth, Too Smooth 29

30 Jury Selection Principles Self-Disclosure Social Penetration Theory Relationship development closely linked to communication Reveal something about yourself if you want them (a) to reveal themselves and (b) connect with you 30

31 Jury Selection Principles How to Speak Don t use legalese talk like a normal person. Weave in your trial theme. Concisely explain your theory of the case in the beginning of voir dire Make them feel comfortable Tell them if any juror would feel more sharing an answer in private they can Say I want honest answers versus I want you to be fair and impartial jurors Your Client is a Real Person Always call your client by her name in the real world she isn t Plaintiff and she isn t Client 31

32 Jury Selection Principles Seating Chart Only have a seating chart and the questions with you Use it to address them by name versus by juror numbers Where You Stand Don t conduct voir dire from behind a podium or counsel table Harvard Law Federal Defender who couldn t win Primacy & Recency Jurors will remember the first and last things they hear and see Start and end your voir dire on strong points This concept also applies examinations,openings and closings. Questionnaire Don t ask the same question in voir dire that you ask on the questionnaire eg are you married? Follow up in voir dire on information you re told from the questionnaire. 32

33 Jury Selection Principles Closing Questions Consistent with primacy / recency, end voir dire on a strong point. streets safe, companies are responsible for their products, sending a message to the community Make it real [Juror s name], can you look [client s name] in the eye and say, I will give you a fair trial. Look at their reaction does he look to the Judge or opposing counsel before answering, look at your client etc. 33

34 Jury Selection Principles Above All, If You Remember Nothing Else TWO EARS, ONE MOUTH Coincidence? Listening is an active skill, not a passive skill. Focus on the jurors answers and don t fret over getting to your next question. (See this happen in depositions all the time) 34

35 Strikes for Cause Believe in it! Bench brief for judge. Law Strikes for principal cause are supplemented by strikes for cause based on partiality. Mitchell v. State, 69 Ga. App. 771 (1943); O.C.G.A , A biased or partial juror cannot be rehabilitated through talismanic questions. Kim v. Walls, 275 Ga. 177 (2002) (leading case). the standard: A challenge to favor is based on circumstances raising a suspicion of the existence of actual bias in the mind of the juror... Mitchell, 69. Ga. App. at 668. [N]o party to any case has a right to have any particular person on their jury. Walls v. Kim, 250 Ga. App. 259, 260 (2001) (aff d). If a party uses a peremptory strike to remove a juror who should have been removed for cause, reversible error exists. Jones v. Cloud, 119 Ga. App. 697, 708 (1969). Establishing sometimes it s specific: State of Georgia v. Michael Eugene Johnson, Clayton County (drug-dealing jurors) sometimes it s general: Gibson v. Ford Motor Co., Clarke County 35

36 Strikes for Cause product liability: Gibson v. Ford demonstrating cause: 21 THE WITNESS: Well, my father-in-law 22 is a doctor and has lots of lawsuits against them, a 23 lot of which were frivolous, which I don't know what 24 the law exactly is on that. I will say they would 25 have to be very good evidence of neglect to me to 1 want to give much money to somebody. 2 BY MR. BUTLER: 3 Q. My question is whether or not those views 4 about -- your father-in-law? 5 A. Father-in-law. 6 Q. -- father-in-law being a doctor and being 7 sued and your view that a lot of those suits were 8 frivolous, that in addition to what you told us out 9 there about being in favor of caps and opposed to 10 juries imposing punitive damages, would that 11 influence you at all any bit whatsoever? 12 A. It's going to influence me, of course, but 13 I know I'm a fair person, I would want to hear the 14 facts and see the evidence, yes, but my opinions are 15 going to affect anything we THE COURT: Could you not only listen 17 to the evidence but could you follow the law that 18 you would be duty-bound to apply to the evidence if 19 you were selected to serve on this jury, laying 20 aside your prior experiences and personal opinions? 21 And I think that's what they are trying to get to. 22 THE WITNESS: I want to say yes to 23 that. The only thing that scares me about that is I 24 don't know what the law is; and granted, if I feel a 25 law is wrong, I'm going to have a problem with my 26 own consc[ience] in deciding that. I don't know, 2 that's honestly what I would -- I'm assuming the law 3 would be relatively -- 4 MR. BUTLER: It would be difficult for 5 you? 6 THE WITNESS: Difficult for me. 7 MR. BUTLER: Thank you. 36

37 Strikes for Cause attempted rehabilitation: 22 MR. REID: Just a couple of quick 23 questions, Ms. Haymore. You said that if the law 24 was reasonable, that you wouldn't have a problem in 25 applying it. If the Judge instructed you as to this 1 question of punitive damages that they could not be 2 awarded unless there was a clear and convincing 3 evidence of extreme conduct on the part of a 4 defendant, would you have any problem in applying 5 that and following the Court's instructions and 6 coming to a fair result in this case? 7 THE WITNESS: I think if I heard you 8 correctly, yes. 9 MR. REID: All right. Thank you, 10 ma'am. 11 MR. BUTLER: Anything else? 12 MR. FRYHOFER: Nothing further. 13 THE COURT: Thank you, ma'am. You may 14 go back outside and remain there until we have an 15 announcement. 16 (Ms. Haymore leaves the room). 17 MR. BUTLER: Judge, under Walls versus 18 Kim, she's a goner. Court s ruling: 17 MR. SNYDER: I think she said if it 18 wasn't reasonable, she was assuming it was 19 reasonable, in response to Mr. Reid's questions, 20 said she would be able to follow that if that was 21 the instruction. 22 THE COURT: But there was more to it 23 than that. I mean, she's also saying it would be 24 difficult at one point in time in her facial 25 expressions and her situation I think tells more 26 than any other person that's been in here. And I 2 think she's trying to say the right things for us 3 all, is what I view. And, but I think that her 4 statements about, you know, if the law is 5 reasonable, it would be difficult and all the other 6 factors that I have personally observed about her, 7 her mannerisms and her responses, I'm of the opinion 8 now after having had her brought in at Ford's 9 request to find that there's a suspicion of 10 partiality. 37

38 Strikes for Cause on the attack explain blind lady-justice with scales it s okay to admit a leaning broccoli it s patriot to admit a leaning civil vs. criminal 38

39 Strikes for Cause on the attack Tell me about it (take the different or weird and ask). Who else feels that way to any degree? Now that I have thought about it me too. How strong on a scale of 1-10? About how long have you felt that way (start with highest 10/years). So you have these strong feelings, a 9 on a scale of 10 for 10 years on frivolous lawsuits. Are we starting out a little bit behind? There s nothing a lawyer is going to say to you to change your mind, true? 39

40 Strikes for Cause on defense we don t want sympathy here for justice see client as a person seeking justice, not someone maimed for life could bring back verdict for defense even scales need firm answer I m not the only lawyer who will be asking you questions 40

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

Friday, August 29, 2008 TRIAL ADVOCACY. The Art of Jury Selection: Working With Challenges. Ben Rubinowitz and Evan Torgan

Friday, August 29, 2008 TRIAL ADVOCACY. The Art of Jury Selection: Working With Challenges. Ben Rubinowitz and Evan Torgan Friday, August 29, 2008 TRIAL ADVOCACY The Art of Jury Selection: Working With Challenges Ben Rubinowitz and Evan Torgan It has been said that the purpose of jury selection is to select a 'fair and impartial'

More information

Medical Expert Depositions in Workers' Comp Cases

Medical Expert Depositions in Workers' Comp Cases Presenting a live 90-minute webinar with interactive Q&A Medical Expert Depositions in Workers' Comp Cases Effective Techniques for Deposing Experts and Raising Strategic Objections TUESDAY, MARCH 11,

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

Overcoming Ethical Challenges for Multi-Firm Lawyers and Their Firms: Fiduciary Duty, Conflict, Fee-Splitting and More

Overcoming Ethical Challenges for Multi-Firm Lawyers and Their Firms: Fiduciary Duty, Conflict, Fee-Splitting and More Presenting a live 90-minute webinar with interactive Q&A Overcoming Ethical Challenges for Multi-Firm Lawyers and Their Firms: Fiduciary Duty, Conflict, Fee-Splitting and More TUESDAY, SEPTEMBER 16, 2014

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

MAXIMIZING STRIKES FOR CAUSE IN CRIMINAL CASES BY ROBERT R. SWAFFORD

MAXIMIZING STRIKES FOR CAUSE IN CRIMINAL CASES BY ROBERT R. SWAFFORD Maximizing Strikes for Cause MAXIMIZING STRIKES FOR CAUSE IN CRIMINAL CASES BY ROBERT R. SWAFFORD I. INTRODUCTION This paper will introduce an approach to jury selection that is radically different from

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

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

MODEL JURY SELECTION QUESTIONS

MODEL JURY SELECTION QUESTIONS MODEL JURY SELECTION QUESTIONS Standard Jury Voir Dire Civil [] 1. In order to be qualified under New Jersey law to serve on a jury, a person must have certain qualifying characteristics. A juror must

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

ERISA Retirement Plans: Fiduciary Compliance and Risk Management for Investment Fund Selection and Fee Disclosures

ERISA Retirement Plans: Fiduciary Compliance and Risk Management for Investment Fund Selection and Fee Disclosures Presenting a live 90-minute webinar with interactive Q&A ERISA Retirement Plans: Fiduciary Compliance and Risk Management for Investment Fund Selection and Fee Disclosures Discharging Fiduciary Duties

More information

M&A Auctions: Successful Bidding Strategies

M&A Auctions: Successful Bidding Strategies Presenting a live 90-minute webinar with interactive Q&A M&A Auctions: Successful Bidding Strategies Planning and Executing Winning Bids, Minimizing Costs of Losing Bids THURSDAY, JANUARY 8, 2015 1pm Eastern

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

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

VOIR DIRE Basic Understanding and Rules For Jury Selection in New York State Supreme Court

VOIR DIRE Basic Understanding and Rules For Jury Selection in New York State Supreme Court VOIR DIRE Basic Understanding and Rules For Jury Selection in New York State Supreme Court 2005 D. Daniel Engstrand, Jr. By D. Daniel Engstrand, Jr. Doniger & Engstrand, LLP 12 Bayview Avenue P.O. Box

More information

Payment and Performance Surety Bonds in Construction Projects: Perspectives of Owners, Contractors and Sureties

Payment and Performance Surety Bonds in Construction Projects: Perspectives of Owners, Contractors and Sureties Presenting a live 90-minute webinar with interactive Q&A Payment and Performance Surety Bonds in Construction Projects: Perspectives of Owners, Contractors and Sureties Asserting and Defending Surety Bond

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

Fourteenth Court of Appeals

Fourteenth Court of Appeals Appellant s Motion for Rehearing Overruled, Opinion of April 19, 2001, Withdrawn, Affirmed and Corrected Opinion filed August 9, 2001. In The Fourteenth Court of Appeals NO. 14-99-01124-CR EMI GUTIERREZ

More information

THE SUPREME COURT OF THE REPUBLIC OF PALAU HANDBOOK FOR TRIAL JURORS

THE SUPREME COURT OF THE REPUBLIC OF PALAU HANDBOOK FOR TRIAL JURORS THE SUPREME COURT OF THE REPUBLIC OF PALAU HANDBOOK FOR TRIAL JURORS I. Purpose of This Handbook The purpose of this handbook is to acquaint trial jurors with the general nature and importance of their

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

OPENING STATEMENT FROM THE DEFENSE PERSPECTIVE JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C. 53--1

OPENING STATEMENT FROM THE DEFENSE PERSPECTIVE JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C. 53--1 OPENING STATEMENT FROM THE DEFENSE PERSPECTIVE BY JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C. 53--1 Where Voir Dire is an opportunity to give the jurors an outline of your themes, opening statement

More information

Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims

Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims Presenting a live 90-minute webinar with interactive Q&A Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims Methods of Allocation Among Insurers and Allocation to

More information

Negotiating EHR Agreements: Complying with HIPAA, Stark and AKS, Overcoming Privacy and Security Risks

Negotiating EHR Agreements: Complying with HIPAA, Stark and AKS, Overcoming Privacy and Security Risks Presenting a live 90-minute webinar with interactive Q&A Negotiating EHR Agreements: Complying with HIPAA, Stark and AKS, Overcoming Privacy and Security Risks Acquiring an EHR and Meeting Incentive Program

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

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

Fundamental Trial Techniques For The Defense

Fundamental Trial Techniques For The Defense Fundamental Trial Techniques For The Defense Craig A. Livingston 1600 South Main Street, Suite 280 Walnut Creek, California 94596 925.952.9880 www.livingstonlawyers.com Trial Considerations The First and

More information

Small Claims Court Information provided by Oregon State Bar http://www.osbar.org/public/legalinfo/1061_smallclaims.htm

Small Claims Court Information provided by Oregon State Bar http://www.osbar.org/public/legalinfo/1061_smallclaims.htm Community Alliance of Tenants Tenant Education Information is for general information purposes only, and is not a substitute for the advice of an attorney Small Claims Court Information provided by Oregon

More information

Jury Duty and Selection

Jury Duty and Selection Jury Duty and Selection Introduction That unwelcome letter arrives in the mail jury duty. Many famous trial attorneys have described jurors as a group of individuals who didn't have a good enough reason

More information

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado. Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.gov/court JURY READINESS CONFERENCE INSTRUCTIONS You have set your case for

More information

ESI Discovery in Federal Criminal Cases: Leveraging the New JETWG Recommendations

ESI Discovery in Federal Criminal Cases: Leveraging the New JETWG Recommendations Presenting a live 90-minute webinar with interactive Q&A ESI Discovery in Federal Criminal Cases: Leveraging the New JETWG Recommendations THURSDAY, APRIL 26, 2012 1pm Eastern 12pm Central 11am Mountain

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

JURY SELECTION RULE, STATUTES & CASE LAW SUMMARIES by Judge Lynn M. Egan October 2012

JURY SELECTION RULE, STATUTES & CASE LAW SUMMARIES by Judge Lynn M. Egan October 2012 JURY SELECTION RULE, STATUTES & CASE LAW SUMMARIES by Judge Lynn M. Egan October 2012 Supreme Court Rule 233 Parties Order of Proceeding The parties shall proceed at all stages of trial, including the

More information

MINNESOTA JUDICIAL TRAINING UPDATE

MINNESOTA JUDICIAL TRAINING UPDATE MINNESOTA JUDICIAL TRAINING UPDATE CRIMINAL VOIR DIRE QUESTIONS ASKED BY THE COURT THE MN SUPREME COURT TASK FORCE ON JURY SELECTION HAS RECOMMENDED THAT JUDGES BE MORE PROACTIVE IN ASKING INITIAL QUESTIONS

More information

James H. Greene and Mennie Johnson sued Cash America and other Defendants alleging that they made improper and unlawful payday loans.

James H. Greene and Mennie Johnson sued Cash America and other Defendants alleging that they made improper and unlawful payday loans. THE STATE COURT OF COBB COUNTY, GEORGIA THIS IS A COURT ORDERED LEGAL NOTICE You may be affected by a class action lawsuit if you received a payday loan from or had a loan serviced by Georgia Cash America,

More information

Chapter 7. Juries. Underrepresentation of Minorities on Jury Pools

Chapter 7. Juries. Underrepresentation of Minorities on Jury Pools Chapter 7 Juries Minority participation on juries, we found, is really made up of three issues. The first involves getting minority jurors to the courthouse. The second concerns how minorities participate

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

CIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and

CIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA JENNIFER WINDISCH, Plaintiff, v. CIVIL DIVISION CASE NO: 2007-CA-1174-K JOHN SUNDIN, M.D., RHODA SMITH, M.D., LAURRAURI

More information

for Landlords and Tenants Negotiating Insurance, Indemnity and Mutual Waiver of Subrogation Provisions

for Landlords and Tenants Negotiating Insurance, Indemnity and Mutual Waiver of Subrogation Provisions Presenting a live 90 minute webinar with interactive Q&A Commercial Leases: Risk Mitigation Strategies for Landlords and Tenants Negotiating Insurance, Indemnity and Mutual Waiver of Subrogation Provisions

More information

Settling Wage/Hour Claims: Weighing Settlement Options, Negotiating Damages, and Ensuring Court Approval

Settling Wage/Hour Claims: Weighing Settlement Options, Negotiating Damages, and Ensuring Court Approval Presenting a live 90-minute webinar with interactive Q&A Settling Wage/Hour Claims: Weighing Settlement Options, Negotiating Damages, and Ensuring Court Approval WEDNESDAY, JANUARY 15, 2014 1pm Eastern

More information

Estate Planning Using LLCs and Limited Partnerships Achieving Estate Tax Savings Through Valuation Discounts, Protecting Against Creditor Claims

Estate Planning Using LLCs and Limited Partnerships Achieving Estate Tax Savings Through Valuation Discounts, Protecting Against Creditor Claims Presenting a live 90-minute webinar with interactive Q&A Estate Planning Using LLCs and Limited Partnerships Achieving Estate Tax Savings Through Valuation Discounts, Protecting Against Creditor Claims

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

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

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

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

Performance Bonds and CGL Insurance In Construction Projects: Navigating the Interplay Between Insurance and Surety

Performance Bonds and CGL Insurance In Construction Projects: Navigating the Interplay Between Insurance and Surety Presenting a live 90-minute webinar with interactive Q&A Performance Bonds and CGL Insurance In Construction Projects: Navigating the Interplay Between Insurance and Surety Minimizing Risks and Maximizing

More information

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features:

Presenting a live 90-minute webinar with interactive Q&A. Today s faculty features: Presenting a live 90-minute webinar with interactive Q&A Drafting and Negotiating Convertible Preferred Stock Provisions: Protecting Interests of Businesses and Investors Structuring Liquidation and Distribution

More information

STEPS IN A MOCK TRIAL

STEPS IN A MOCK TRIAL STEPS IN A MOCK TRIAL 1. The Opening of the Court Either the Clerk of the Court of the judge will call the Court to order. When the judge enters, all the participants should remain standing until the judge

More information

Divorce: When a Spouse Files Bankruptcy

Divorce: When a Spouse Files Bankruptcy Presenting a live 90-minute webinar with interactive Q&A Divorce: When a Spouse Files Bankruptcy Dischargeability of Domestic Support Obligations and Property Settlements WEDNESDAY, FEBRUARY 15, 2012 1pm

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

The Malpractice Lawsuit:

The Malpractice Lawsuit: The Malpractice Lawsuit: Process and Prevention Advocate Health Care 7 th Annual Advocate Trauma Symposium Wyndham Lisle - Chicago November 18, 2010 Rogelio Lasso The John Marshall Law School BACKGROUND

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

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

UNITED STATES COURT OF APPEALS TENTH CIRCUIT

UNITED STATES COURT OF APPEALS TENTH CIRCUIT FILED United States Court of Appeals Tenth Circuit December 16, 2008 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No.

More information

Structuring Rooftop Lease Agreements: Legal and Business Considerations

Structuring Rooftop Lease Agreements: Legal and Business Considerations Presenting a live 90 minute webinar with interactive Q&A Structuring Rooftop Lease Agreements: Legal and Business Considerations Negotiating Leases for Telecom Equipment, Solar Energy, Commercial Farming,

More information

- 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

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

2 MR. WAKEFIELD: Your Honor, at this time, 4 THE BAILIFF: Your Honor, this witness has. 6 (Whereupon the witness is sworn by the

2 MR. WAKEFIELD: Your Honor, at this time, 4 THE BAILIFF: Your Honor, this witness has. 6 (Whereupon the witness is sworn by the 78 1 THE WITNESS: Thank you. 2 MR. WAKEFIELD: Your Honor, at this time, 3 the State calls Nurse Tessia Winnfield. 4 THE BAILIFF: Your Honor, this witness has 5 not been sworn. 6 (Whereupon the witness

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA. Mock Trial Script. The Case of a Stolen Car

SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA. Mock Trial Script. The Case of a Stolen Car SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA Mock Trial Script The Case of a Stolen Car This mock trial is appropriate for middle and high school students. The script includes a role for a narrator,

More information

Blackstrikes A Study of the Racially Disparate Use of Peremptory Challenges by the Caddo Parish District Attorney s office

Blackstrikes A Study of the Racially Disparate Use of Peremptory Challenges by the Caddo Parish District Attorney s office Blackstrikes A Study of the Racially Disparate Use of Peremptory Challenges by the Caddo Parish District Attorney s office Ursula Noye Blackstrikes Fellow Reprieve Australia August 2015 Blackstrikes 1

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

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

So You Received A Sexual Harassment Complaint, What To Do and What Not To Do A Trial Lawyer s Perspective

So You Received A Sexual Harassment Complaint, What To Do and What Not To Do A Trial Lawyer s Perspective So You Received A Sexual Harassment Complaint, What To Do and What Not To Do A Trial Lawyer s Perspective Presented by Kyle Kring and Laura Hess Kring & Chung, LLP 2014 California HR Conference August

More information

UNITED STATE DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------x

UNITED STATE DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------x UNITED STATE DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------x LESLIE ROADRUNNER, as Administratrix of the Estate of LYNNE ROADRUNNER, deceased,

More information

MINUTES SANGAMON COUNTY BOARD SPECIAL SESSION AUGUST 20, 2014 ROLL CALL

MINUTES SANGAMON COUNTY BOARD SPECIAL SESSION AUGUST 20, 2014 ROLL CALL 1 JOE AIELLO SANGAMON COUNTY CLERK Sangamon County Complex 200 South Ninth Street, Room 101 Springfield, IL 62701 Telephone: (217)753-6700/Fax: (217)535-3233 Website: www.sangamoncountyclerk.com MINUTES

More information

By: Gerald M. Richardson

By: Gerald M. Richardson MANAGING THE RISKS POSED BY THE THREE PUBLIC POLICY WRONGFUL DISCHARGE CASES RECENTLY DECIDED BY THE MISSOURI SUPREME COURT By: Gerald M. Richardson I. An At Will Employee Can Sue His Employer on a Claim

More information

Discovery Devices. Rule 26 requires the automatic disclosure of a host of basic information regarding the case

Discovery Devices. Rule 26 requires the automatic disclosure of a host of basic information regarding the case Discovery Devices Automatic (mandatory) disclosure Rule 26 requires the automatic disclosure of a host of basic information regarding the case Interrogatories Questions addressed to the other party Depositions

More information

Preparing a Federal Case

Preparing a Federal Case Last Updated: October 2010 Federal Pro Se Clinic CENTRAL DISTRICT OF CALIFORNIA Preparing a Federal Case If you are reading this, you are probably proceeding on your own in court without the help of an

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

GUIDE TO SMALL CLAIMS COURT The Rural Law Center of New York, Inc.

GUIDE TO SMALL CLAIMS COURT The Rural Law Center of New York, Inc. This material is provided to answer general questions about the law in New York State. The information and forms were created to assist readers with general issues and not specific situations, and, as

More information

If a Dismissal of Your Omaha DUI Charges Is Not Forthcoming You May Decide to Take Your Case in Front of a Jury in the Hope of Being Exonerated

If a Dismissal of Your Omaha DUI Charges Is Not Forthcoming You May Decide to Take Your Case in Front of a Jury in the Hope of Being Exonerated TAKING YOUR OMAHA DUI CASE TO JURY TRIAL If a Dismissal of Your Omaha DUI Charges Is Not Forthcoming You May Decide to Take Your Case in Front of a Jury in the Hope of Being Exonerated Thomas M. Petersen

More information

Builder's Risk Insurance for Construction Projects: Legal Issues

Builder's Risk Insurance for Construction Projects: Legal Issues Presenting a live 90-minute webinar with interactive Q&A Builder's Risk Insurance for Construction Projects: Legal Issues Evaluating Scope of Coverage, Policy Exclusions and Coverage Extensions and Sub-Limits

More information

Chapter 4 Crimes (Review)

Chapter 4 Crimes (Review) Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.

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

Personal Injury Insurance Settlements: Negotiating a Pre-Trial Settlement

Personal Injury Insurance Settlements: Negotiating a Pre-Trial Settlement Presenting a live 90-minute webinar with interactive Q&A Personal Injury Insurance Settlements: Negotiating a Pre-Trial Settlement THURSDAY, AUGUST 29, 2013 1pm Eastern 12pm Central 11am Mountain 10am

More information

INFORMATION ABOUT THE FEDERAL TORT CLAIMS ACT WHAT TO DO IF YOU MIGHT HAVE A TORT CASE AGAINST THE FEDERAL BUREAU OF PRISONS

INFORMATION ABOUT THE FEDERAL TORT CLAIMS ACT WHAT TO DO IF YOU MIGHT HAVE A TORT CASE AGAINST THE FEDERAL BUREAU OF PRISONS INFORMATION ABOUT THE FEDERAL TORT CLAIMS ACT OR WHAT TO DO IF YOU MIGHT HAVE A TORT CASE AGAINST THE FEDERAL BUREAU OF PRISONS Prepared by the D.C. Prisoners' Project of the Washington Lawyers Committee

More information

SMALL CLAIMS COURT INFORMATION

SMALL CLAIMS COURT INFORMATION Clark County District Court SMALL CLAIMS COURT INFORMATION INTRODUCTION The Small Claims Department of District Court allows a person or business with a legal dispute to sue without hiring an attorney.

More information

Opening Statements: Applying Rules of the Road to Employment Cases. John A. Beranbaum

Opening Statements: Applying Rules of the Road to Employment Cases. John A. Beranbaum NELA/NY Fall 2014 Conference Opening Statements: Applying Rules of the Road to Employment Cases John A. Beranbaum The book, Rules of the Road: A Plaintiff Lawyer s Guide to Proving Liability (2d Ed. 2010),

More information

Negotiating Patent Indemnification Provisions

Negotiating Patent Indemnification Provisions Presenting a live 90-minute webinar with interactive Q&A Negotiating Patent Indemnification Provisions Allocating Patent Infringement Risk Through Indemnification Clauses, Reps and Warranties, and Limitation

More information

Preparing a Federal Case

Preparing a Federal Case Federal Pro Se Clinic CENTRAL DISTRICT OF CALIFORNIA Preparing a Federal Case If you are reading this, you are probably proceeding on your own in court without the help of an attorney. This is often called

More information

A Consumer Guide. What is a Deposition and How Does It Work in a Personal Injury Case?

A Consumer Guide. What is a Deposition and How Does It Work in a Personal Injury Case? 79 Wall Street Huntington, NY 11743 800.660.1466 631.425.9775 718.220.0099 631.415.5004 (fax) A Consumer Guide What is a Deposition and How Does It Work in a Personal Injury Case? A key component in many

More information

From Opening to Summation, Making First Impressions Count

From Opening to Summation, Making First Impressions Count From Opening to Summation, Making First Impressions Count By Ben Rubinowitz and Evan Torgan There is an old adage that every trial lawyer should accept as gospel: "You don't get a second chance to make

More information

Nursing Home Defendant

Nursing Home Defendant The Current Climate For Today s Nursing Home Defendant by Jury awards $20 million in negligence suit against nursing home. Largest verdict in County history, $21.5 million, returned against nursing home.

More information

December 10, 2013. Paula Frederick General Counsel State Bar of Georgia 104 Marietta Street, Suite 100 Atlanta, GA 30303 PaulaF@gabar.

December 10, 2013. Paula Frederick General Counsel State Bar of Georgia 104 Marietta Street, Suite 100 Atlanta, GA 30303 PaulaF@gabar. December 10, 2013 College of Law Clark D. Cunningham W. Lee Burge Professor of Law & Ethics P.O. Box 4037 Atlanta, GA 30302-4037 404-413-9168 fax: 404-413-9225 cdcunningham@gsu.edu Home page: http://law.gsu.edu/ccunningham/

More information

Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case

Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case Here are 9 questions you should ask EVERY lawyer you interview to represent you in a personal

More information

JURY DUTY FREQUENTLY ASKED QUESTIONS

JURY DUTY FREQUENTLY ASKED QUESTIONS JURY DUTY FREQUENTLY ASKED QUESTIONS Jury Trials Jury trials are scheduled for the first & third Fridays of the month starting at 9:00 a.m. and 1:30 p.m. For each jury trial, up to twenty prospective jurors

More information

THE BENEVOLENT GESTURE MEDICAL PROFESSIONAL LIABILITY ACT (THE "APOLOGY STATUTE") SB 379

THE BENEVOLENT GESTURE MEDICAL PROFESSIONAL LIABILITY ACT (THE APOLOGY STATUTE) SB 379 THE BENEVOLENT GESTURE MEDICAL PROFESSIONAL LIABILITY ACT (THE "APOLOGY STATUTE") SB 379 I. An Overview A. The "Apology Statute" allows health care providers to make benevolent gestures prior to the start

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT MARVIN HARRIS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D13-4741 [May 27, 2015] Appeal from the Circuit Court for the Fifteenth Judicial

More information

Third-Party Funding of Individual Lawsuits: A Rational Dialogue. Kirby Griffis Hollingsworth LLP

Third-Party Funding of Individual Lawsuits: A Rational Dialogue. Kirby Griffis Hollingsworth LLP Third-Party Funding of Individual Lawsuits: A Rational Dialogue Kirby Griffis Hollingsworth LLP THE SCENE: Boardroom of Rational Actor Widgets Co. RAWCO makes widgets, which have many useful applications

More information

The Keys To An Effective Medical Malpractice Defense

The Keys To An Effective Medical Malpractice Defense The Keys To An Effective Medical Malpractice Defense By Thomas M. O Toole, Ph.D. Some research has shown, while as little as 1% of the lawsuits filed each year in the United States actually make it to

More information

239th DISTRICT COURT GENERAL GUIDELINES

239th DISTRICT COURT GENERAL GUIDELINES 239th DISTRICT COURT GENERAL GUIDELINES Court: 239th District Court, Brazoria County Judge s Name: Patrick E. Pat Sebesta Court Address: 111 E. Locust Street Room 214-A Angleton, Texas 77515 Staff: Clerk:

More information

WHO'S ON THE FIRING LINE? TIPS FOR AVOIDING WRONGFUL/RETALIATORY DISCHARGE CLAIMS by William R. Hanna

WHO'S ON THE FIRING LINE? TIPS FOR AVOIDING WRONGFUL/RETALIATORY DISCHARGE CLAIMS by William R. Hanna WHO'S ON THE FIRING LINE? TIPS FOR AVOIDING WRONGFUL/RETALIATORY DISCHARGE CLAIMS by William R. Hanna I. INTRODUCTION A. Union members were only 7.2% of the private sector work force in 2009, down from

More information

MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys

MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys As defense attorneys, we often focus most of our efforts on assembling the most crucial facts and the strongest

More information

JURY SELECTION: PRACTICE GUIDELINES

JURY SELECTION: PRACTICE GUIDELINES JURY SELECTION: PRACTICE GUIDELINES I. Compliance with Law and Rules A. Because trial consultants may practice in a variety of trial jurisdictions it is important to become familiar with the laws and local

More information

Mitigating Legal and Ethical Risks. Conflict of Interest. Goals. True or False. True or False

Mitigating Legal and Ethical Risks. Conflict of Interest. Goals. True or False. True or False Mitigating Legal and Ethical Risks Patrick O Rourke, JD Julie Altmix, RN, BSN University of Colorado Denver School of Medicine Conflict of Interest We have no conflicts of interest, commercial or otherwise,

More information

Employment Practices Liability Insurance Claims are on the rise. Are you protected?

Employment Practices Liability Insurance Claims are on the rise. Are you protected? Employment Practices Liability Insurance Claims are on the rise. Are you protected? Administered by Cooper & McCloskey Inc. What is Employment Practices Liability Insurance (EPLI)? (EPLI) protects companies

More information

MEDIATION AND ARBITRATION OF MEDICAL MALPRACTICE DISPUTES: TIME FOR A POSITIVE CHANGE

MEDIATION AND ARBITRATION OF MEDICAL MALPRACTICE DISPUTES: TIME FOR A POSITIVE CHANGE MEDIATION AND ARBITRATION OF MEDICAL MALPRACTICE DISPUTES: TIME FOR A POSITIVE CHANGE Prepared by James A. Christopherson, Esq. Dingeman, Dancer & Christopherson, PLC 100 Park Street Traverse City, MI

More information

THE ANSWER BOOK FOR JURY SERVICE

THE ANSWER BOOK FOR JURY SERVICE Part I: General Information How was I chosen for jury service? THE ANSWER BOOK FOR JURY SERVICE Potential jurors are selected randomly by the jury commissioners using lists designated by the courts, such

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