05 Tuesday Nov 2013
Posted in Admissibility, Closing Argument, Court Rules, Cross-Examination, Direct Examination, Evidence, Making Objections, Opening Argument, Trial Tips and Techniques
≈ Comments Off on The Cardinal Rules of Trial Advocacy
Everything You Ever Wanted To Know About Trial Procedure and Tactics, by James A. Tanford, Indiana University School Of Law
http://www.perma.cc/0WZumCVR9Ao
05 Tuesday Nov 2013
Posted in Legal Technology, PowerPoint, Presentations, Trial Tips and Techniques
≈ Comments Off on Easy to Avoid PowerPoint Mistakes
05 Tuesday Nov 2013
Posted in Employment Law, Trial Tips and Techniques, Workers' Compensation
≈ Comments Off on OSHA First Impression Ruling on “Entreprise-Wide” Abatement Theory of Liability
Judge Rejects OSHA’s “Enterprise-Wide” Relief Theory, by Stephen Yohay, EHS OutLoud Blog
http://www.perma.cc/0SeaMZWf1hp
In what apparently is a case of first impression, an administrative law judge (ALJ) of the federal Occupational Safety and Health Review Commission (OSHRC) recently decided that the Occupational Safety and Health Act (OSH Act) does not authorize OSHRC to order so-called “enterprise-wide” abatement. Under that theory of liability, the Occupational Safety and Health Administration (OSHA) maintains that when a violation is proven at an employer’s worksite, OSHRC has the statutory authority to require that employer to abate the same or similar hazards at its other worksites that were not the subject of the litigated citation.
04 Monday Nov 2013
Posted in Employment Law, Harassment, Race Discrimination, Trial Tips and Techniques, United States Supreme Court
≈ Comments Off on “Supervisor” Defined by U.S. Supreme Court
Supreme Court refines Title VII standards, by Kevin B. Leblang and Robert N. Holtzman, Kramer Levin Naftalis & Frankel LLP
On June 24 2013 the US Supreme Court handed down opinions in two cases refining the standards applicable to claims under Title VII of the Civil Rights Act of 1964. First, the court ruled that only employees with the authority to hire, fire or promote the alleged victim will be considered supervisors for purposes of Title VII harassment suits. Second, the Supreme Court applied a strict and employer-friendly causation standard to Title VII retaliation claims.
02 Saturday Nov 2013
Posted in Appellate Law, Case Law, Court Rules, Federal District Court Rules, Federal Law, Legal Ethics, Research, Trial Tips and Techniques
≈ Comments Off on What do you think about the Second Circuit’s removal of Judge Shira Scheindlin?
Tags
New York City Police Department, Removal of federal judge, Shira Scheindlin, Stop-and-frisk program, United States Court of Appeals for the Second Circuit
As always, Judge Kopf asks an interesting question. CCE
Judge Scheindlin is a New York federal trial judge who has taken senior status.* She was handling high profile cases involving New York’s “stop and frisk” practices. She issued an opinion providing remedial relief and an injunction to the folks who were challenging the police department’s practices, and up the case went to the Second Circuit. On Thursday, without ruling on the merits of the appeal, and acting on its own without a request from the appellants, the Second Circuit removed Scheindlin. The Court stated that the trial judge had violated the Code of Conduct and failed in her responsibility to uphold the appearance of impartiality (1) because of her statements to the parties regarding “related” cases and (2) because of interviews she gave to the media. The Second Circuit’s short opinion is here. Liberal legal commentators exploded in outrage. See, for example, here and here. The…
View original post 46 more words
02 Saturday Nov 2013
Posted in Criminal Law, Discovery, Federal Law, Fraud, References, Research, Trial Tips and Techniques
≈ Comments Off on Resources from the Offices of the United States Attorney . . . and more.
Tags
Bullying, DOJ, FOIA, Fraud, Freedom of Information Act, National Security, Prescription Drug Abuse, United States Attorney, United States Department of Justice, Victim's Rights
Resources, Offices of the United States Attorney
http://perma.cc/0pU5ocUruhw
FOIA/Privacy Act Requests – “How to” submit FOIA requests
http://perma.cc/0xyPEK7KcCN
FOIA Library – Available to public about office’s operations
http://perma.cc/07JeT6GjPPp
Annual Statistical Reports – Accomplishments for each fiscal year
http://perma.cc/09vkJheop6X
Victim’s Rights Ombudsman – Complaints filed against DOJ employees
http://perma.cc/07fbNaXZcka
United States Attorney’s Bulletin – Legal or technical topics
http://perma.cc/0QdV5c8XtUK
United States Attorney’s Manual – The official handbook
http://perma.cc/0djGLTsgpwy
This is a sample of the great information at this website. See more at Priority Areas (http://perma.cc/0ssbcTres9kl) and Justice 101 (http://perma.cc/0B27rPGVtMV). CCE
01 Friday Nov 2013
Posted in Experts, Jury Instructions, Jury Selection, Trial Tips and Techniques, Voir Dire
≈ Comments Off on American Jury System – The Optimal Jury Trial Videos
Favorite Thing: American Jury System – The Optimal Jury Trial Videos, submitted by Susie Macpherson of NJP Litigation Consulting, ASTC Member Trial Consultants from The Jury Expert
http://perma.cc/0Z3TkwVQy6Z
Impressive collection of resources for judges and attorneys. CCE
These videos are a great resource for attorneys and judges who want to investigate any of these topics, or for those who need ‘hands on’ examples to encourage other judges and attorneys to implement new procedures.”
01 Friday Nov 2013
Posted in First Amendment, Jury Instructions, Law Firm Web Sites, Law Office Management, Legal Ethics, Marketing, Trial Tips and Techniques
≈ Comments Off on During Trial, Court Should Have Admonished Jury Not to Google Plaintiff’s Lawyer Rather than Ordering Removal of Verdict Successes from Attorney’s Website
Jurors Might Google Law Firm’s Website, but Judge Can’t Censor It During Trial, by Scott Graham, The Recorder (with hat tip to Allen Mihecoby, CLAS, RP® on LinkedIn)
[T]the decision sets new boundaries in an area of increasing concern for trial attorneys and judges: the balance between attorney free speech rights and potential jury contamination in a networked world.
28 Monday Oct 2013
Posted in Trial Tips and Techniques
≈ Comments Off on A Return to Civility?
The Practice: Dealing with Threatening, Demanding Opposing Counsel, by Brian Tannebaum, Above the Law Blog
25 Friday Oct 2013
Posted in Direct Examination, Experts, Jury Selection, Legal Technology, Trial Tips and Techniques, Witness Preparation
≈ Comments Off on Trial Technique Courtroom Tips
TRIAL TECHNIQUES: What lawyers should (and shouldn’t) worry about in the courtroom, by Alexandra Rudolph, WisLawJournal.com
http://bit.ly/uDFH17
24 Thursday Oct 2013
Posted in Court Rules, Discovery, E-Discovery, Evidence, Requests for Production, Trial Tips and Techniques
≈ Comments Off on Proposed Federal Rules Narrow Discovery and Spur Cooperation Between the Parties
The Duke Rules Ahead: Part 1 Rule Amendments Will Narrow Discovery and Spur Cooperation, by James Kurz, EDVAUpdate, Redmon, Peyton & Braswell, LLP
http://bit.ly/1c1gVH4
24 Thursday Oct 2013
Posted in Trial Tips and Techniques
≈ Comments Off on Famous Trials
Tags
Famous Trials, by Douglas O. Linder, Professor of Law (Seminar in Famous Trials 199-2013©), University of Missouri-Kansas City (UMKC) School of Law
http://law2.umkc.edu/faculty/projects/ftrials/ftrials.htm
Link to “More Famous Trials” at bottom of page. (This is an educational and non-commercial site maintained at the University of Missouri-Kansas City Law School.)
23 Wednesday Oct 2013
Posted in Cross-Examination, Trial Tips and Techniques
≈ Comments Off on Two Trial Masters, F. Lee Bailey and Kenneth Fishman, Share Tips on Cross-Examination
F. Lee Bailey and Kenneth Fishman on Excellence in Cross-Examination, by Robert Ambrogi, Robert Ambrogi’s LawSites
http://bit.ly/17fFhza
23 Wednesday Oct 2013
Posted in Personal Injury, Settlement
≈ Comments Off on The “Litigation Explosion” is a Myth
Greg H. Haubrich, Senior Trial Lawyer at Foshee & Yafee, explains why he recommended — and his client accepted — a settlement agreement that will barely pay her medical bills.
A lawyer wears two hats: Advocate, and counselor. As advocate, my duty is to fight for you hard as hell, tooth and nails; to be the knight in shining armor charging into the Valley of Death. As counselor, I must give you the news and help you realistically evaluate your odds so that you can make well-informed decisions regarding basic questions in your case: especially, whether to accept a settlement offer.
Today I recommended — and my client accepted — a settlement agreement that will barely pay her medical bills. Why?
The first reason is that it is hard to understand how a person can be seriously injured in a collision when there is not a lot of visible crash damage to their vehicle. Science does not support the idea that crash damage correlates to injury. In fact, it is established that deaths sometimes…
View original post 968 more words
22 Tuesday Oct 2013
Posted in Admissibility, Court Rules, Evidence, Expert Witnesses, Forensic Evidence, Trial Tips and Techniques, Voir Dire
≈ Comments Off on Experts, Admissibility, and Rule 705
Who Made You The Expert?: Rule 705 & The Admissibility of Underlying Facts or Data, by Evidence ProfBlogger, EvidenceProfBlog
http://bit.ly/1a085YM
19 Saturday Oct 2013
Posted in Opening Argument, Trial Tips and Techniques
≈ Comments Off on Avoiding a Defense Motion for Nonsuit in Opening Argument
Tags
Defense Counsel, Motions, NonSuit, Opening Argument, Plaintiff's Counsel, Trial Tips and Techniques
Avoiding the Dreaded Defense Motion for Nonsuit, by Julie Brook, CEBblog
http://bit.ly/1gTe7zD
19 Saturday Oct 2013
Posted in Closing Argument, Cross-Examination, Direct Examination, Evidence, Judges, Jury Selection, Making Objections, Opening Argument, Trial Notebooks, Trial Tips and Techniques
≈ Comments Off on Comprehensive Discussion of Trial Procedure and Techniques
Tags
Closing Argument, Cross-Examination, Direct Examination, Indiana University School of Law, James A. Tanford, Jury Selection, Objections, Opening Argument, Trial Notebooks, Trial Tips and Techniques
Everything You Ever Wanted To Know About Trial Procedure And Tactics, by James A. Tanford, Indiana University School of Law
http://www.law.indiana.edu/instruction/tanford/web/reference/basictactics.html
16 Wednesday Oct 2013
Posted in Voir Dire
≈ Comments Off on Voir Dire Tips from Gerry Spence
Gerry Spence: Voir Dire Example, by Evan Schaeffer, The Trial Practice Tips Weblog(from Paul Luvera at Plaintiff Trial Lawyer Tips: ““Gerry Spence Voir Dire Questions.”)
16 Wednesday Oct 2013
Posted in Affirmative Action, Employment Law, Oral Argument
≈ Comments Off on Oral Argument of Schuette v. Coalition to Defend Affirmative Action
Argument recap: Figuring out Kennedy – Again, posted by Lyle Denniston, SCOTUSblog
http://bit.ly/1bUHO3q
The Researching Paralegal 
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