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Don’t Let Damages Damage Your Case

Determining damages awards makes jurors nervous.  And why shouldn’t it?  Most jurors don’t come equipped with business or economics degrees.  Even if they do, calculating nebulous subjects such as...

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Science Turns Jurors Into Believers

We’ve long been proponents of introducing science and data into your trial presentation whenever possible to enhance your case’s credibility.  This is particularly important when you need to counter an...

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Millennials – Courtroom Wild Cards

As presidential hopefuls begin to launch their campaigns, we are reminded of the striking bipartisan gap in generational political beliefs. According to an in-depth study by Pew Research, Millennials...

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The Video Advantage

We’ve all seen them on TV: the bumbling, nervous, inarticulate spokespeople who make you not only question the content of their statements, but also the competence of the outfit that hired them.  We’ve...

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The Stickiness in Solidarity

We’ve all been there when deciding to go to a group dinner: one person wants burgers, one person wants tacos and someone else is on a diet.  Choosing a restaurant that all 10 friends can agree on seems...

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Overcoming Sci-Fi Expectations

We’ve written frequently about jurors’ elevated, unrealistic expectations for healthcare and medicine, but one area where we’ve seen this phenomenon rear its ugly head the most is related to hospital...

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First Impressions Last

We’ve all been in the poor position of making a bad first impression, then spending hours or even years trying to dig ourselves out of that hole.  Recent research in an article from Forbes has...

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Why Venue Matters

There are obviously many factors that go into evaluating a case and deciding whether to settle, battle it out at mediation, or go to trial – and how to identify and present the strongest arguments –...

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Filing a Lawsuit Is Easy As Pie

It seems to surprise many Americans that running for president or any elected office is as easy as filing a form and meeting some minimal age and citizenship qualifications.  But that’s at least part...

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Follow the Leader

Among the lawyers we work with, and also on our own team, we have observed some ironclad “rules” for jury selection.  When it comes to cases where we are working for the defense, we always try to...

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Collective Memory Can Be Collective Mess

Generation X received a shock recently when they realized that the Berenstain of the Berenstain Bears – purveyors of life lessons including healthy eating, sharing and stranger danger – is spelled with...

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Don’t Let The Reptile Slither Into Your Trial

The Reptile Theory has been all the rage among the plaintiffs’ bar for the past several years, and you have no doubt encountered a practitioner of this theory slithering his way around a courtroom. The...

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Evaluating Your Argument Roster

During the past week, millions of Americans have started their Fantasy Football leagues.  If you’ve never played, it involves creating a mock football team composed of NFL players.  Players acquire...

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Rookie Expert Witnesses Can Be Worth the Risk

The start of the NFL season brings with it a crop of new rookies, bright-eyed and eager to make an impact.  As any coach, pundit or fantasy football player knows, which rookies are going to turn into...

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At Trial, More’s Not Always Better

If you’ve been following the news recently, you’re probably aware there are currently 15 candidates running for the Republican presidential nomination.  An ongoing debate has questioned whether 15 is...

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Get to Know Your Jurisdiction

We have long believed learning as much as possible about your trial jurisdiction is an important but often overlooked part of the trial preparation process.  This may seem obvious if the jurisdiction...

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With Witnesses, Focus on the Big Picture First

We’ve found that when prepping a witness for trial or deposition, many attorneys jump right into the medical records, corporate documents, employment files or other minutiae.It’s understandable,...

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Crafting an Effective Story

This holiday movie season brings with it some of our favorite franchise stories and characters of all time.  Batman faces off against Superman to protect the world in Dawn of Justice.  Katniss Everdeen...

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Make A Point Everyone Understands

A picture may be worth a thousand words, but it’s only effective if it uses the right words.  As we have said before in this space, visual aids can be a key way to communicate information at trial....

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Low Income Could Mean High Awards

One of the major hot-button issues during this year’s presidential race is the perceived vast income inequality in the U.S.  Bernie Sanders’ platform is in large part based on his socialist ideals,...

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