Hysata’s Post

$2.1 Million Win on $80K Offer Using Insights from Friedman, Wilson, Mitnik, Ball, Rowleys and other Trial Guides All-Stars Read More: https://lnkd.in/gQjKnQWk Congratulations to Sean Dormer and Timothy Garvey for their recent $2.1 million verdict. Dormer, Garvery, and their trial team tried their case in Denver County District Court from May 6–10. Their client was injured in a multi-car-crash in 2019, causing disc bulges that will likely require future surgery. The defendant denied negligence and asserted affirmative defenses of comparative negligence and non-party at fault. The defense refused to offer more than $80,000 to resolve the case. Garvey credited lessons from several Trial Guides authors, whose insights helped his team win a just result for their client: Foundational titles that undoubtedly played a role in our trial result include Rick Friedman's Polarizing the Case, Nick Rowley's Trial by Human, Courtney Rowley's Trial by Woman, Keith Mitnik's Don't Eat the Bruises, Jesse Wilson's Witness Preparation (we also had Jesse work with our client to prepare him for trial), and David Ball's Damages and Damages Evolving. *Subscribe to our channels and view our most watched video on YouTube: Rick Friedman Speaks on Why You Should Become a Trial Lawyer: https://lnkd.in/g8DN_3Re #TrialGuides #verdict #LegalEducation #LegalKnowledge #DavidBall #ArtemisMalekpour #CourtneyRowley #NicholasRowley #LegalJustice #TrialLitigation #TrialPreparation #TrialStrategies #LawyersforJustice #LegalResource #Damages #TrialGuidesAuthors

How should defense counsel respond to this argument when she stands before the jury in closing argument? 𝙄𝙩’𝙨 𝘿𝙖𝙮 𝟏 𝙤𝙛 CLM Alliance (Claims and Litigation Management Alliance)’𝙨 𝘼𝙣𝙣𝙪𝙖𝙡 𝘾𝙤𝙣𝙛𝙚𝙧𝙚𝙣𝙘𝙚! 𝙄 𝙘𝙤𝙪𝙡𝙙 𝙣𝙤𝙩 𝙗𝙚 𝙢𝙤𝙧𝙚 𝙚𝙭𝙘𝙞𝙩𝙚𝙙 𝙩𝙤 𝙡𝙖𝙪𝙣𝙘𝙝 𝙖 𝙨𝙚𝙧𝙞𝙚𝙨 𝙨𝙝𝙖𝙧𝙞𝙣𝙜 𝙬𝙖𝙮𝙨 𝙩𝙝𝙚 𝙙𝙚𝙛𝙚𝙣𝙨𝙚 𝙘𝙖𝙣 𝙨𝙩𝙤𝙥 𝙉𝙪𝙘𝙡𝙚𝙖𝙧 𝙑𝙚𝙧𝙙𝙞𝙘𝙩𝙨 𝙛𝙧𝙤𝙢 𝙩𝙝𝙞𝙨 𝙘𝙤𝙡𝙡𝙖𝙗𝙤𝙧𝙖𝙩𝙞𝙫𝙚 𝙘𝙤𝙣𝙛𝙚𝙧𝙚𝙣𝙘𝙚. 𝙄𝙣𝙩𝙚𝙧𝙚𝙨𝙩𝙚𝙙 𝙞𝙣 𝙡𝙚𝙖𝙧𝙣𝙞𝙣𝙜 𝙢𝙤𝙧𝙚? 𝙅𝙤𝙞𝙣 𝙢𝙚 𝙖𝙣𝙙 𝙢𝙮 𝒊𝒏𝒄𝒂𝒏𝒅𝒆𝒔𝒄𝒆𝒏𝒕 𝙘𝙤-𝙥𝙖𝙣𝙚𝙡𝙞𝙨𝙩𝙨 Flavia Pemberton, Gracemarie Mende, 𝒂𝒏𝒅 Julie Beaumont, AIC 𝙤𝙣 𝙏𝙝𝙪𝙧𝙨𝙙𝙖𝙮 𝙖𝙩 𝙂𝙤𝙡𝙙𝙚𝙣 𝙂𝙖𝙩𝙚 𝘽𝙖𝙡𝙡𝙧𝙤𝙤𝙢 𝘽, 𝘽2 𝙇𝙚𝙫𝙚𝙡 𝙛𝙤𝙧 "𝙏𝙧𝙞𝙖𝙡 𝙖𝙣𝙙 𝙀𝙍𝘼𝙎: 𝘾𝙖𝙣 𝙏𝙖𝙮𝙡𝙤𝙧 𝙎𝙬𝙞𝙛𝙩 𝙎𝙩𝙤𝙥 𝙉𝙪𝙘𝙡𝙚𝙖𝙧 𝙑𝙚𝙧𝙙𝙞𝙘𝙩𝙨®?" The "Answer an Ad" storyline is commonly used by plaintiffs' attorneys in closing to (1) make large awards for pain and suffering seem reasonable and (2) drive juror anger toward that outsized award. This "Briefcase of Money" demonstration is a version of "Answer an Ad." In this argument, plaintiffs' counsel tells a story about someone offering a ton of money to the plaintiff, usually the number they are requesting of the jury for pain and suffering. In exchange, the plaintiff is going to have to undergo a tragic injury and related medical treatment, the exact alleged pain and treatment the plaintiff in the case experienced. Then, plaintiffs' counsel will ask the jury the rhetorical question: would the plaintiff or anyone else agree to take that deal? To the jury, it seems ridiculous for anyone to agree to take the money. In response, jurors are motivated to award an astronomical verdict. So...does this strike you as an effective argument? How should the defense respond in closing? *This sample closing argument is inspired by the plaintiff's attorney's real closing argument in Hampton v. American Multi-Cinema, Superior Court of the State of California, San Diego, 2022. P.S. Did you hear the baby crying in the background? This is the reality of working motherhood! Sometimes it’s loud and you have to claim your space to do the thing you love. #WorkingMother #NuclearVerdicts #TysonMendes #InsuranceDefense #NoneconomicDamages #PainAndSuffering #Damages #Innovation #Creativity

🎙 Zack on the Mic🎙 Owner Zack England, recently joined the James & Kim Cast at Sunny 92.3 and had an insightful conversation exploring his journey in the legal field, the founding of his firm, and its mission. Zack also talks about the importance of building relationships with judges, attorneys, and medical professionals, and how community involvement shapes his firm. Listen now at the link below! https://lnkd.in/disvCPH7

In the third part of his "overcoming reptile dysfunction" series, Chris Ritter explores the core values of the brain—personal responsibility, science, and checklisting—and how they influence jurors' decision-making at trial. Read the insightful article here: https://lnkd.in/eZ_KKCVs It is also available to New York Law Journal subscribers: https://lnkd.in/eKVhFU45 Parts 1 and 2 can be found via Law.com | The Recorder or our website below. The Theory of Core Values: https://lnkd.in/e6bKjirB Values of the Heart: https://lnkd.in/ekSfZbEm #reptiletheory #trialconsulting

“How can a jury disregard what it’s already heard?” the accused asks his lawyer in Anatomy of a Murder. “They can’t” replies Jimmy Stewart’s character. https://lnkd.in/gAiSq32D Studies show it is actually much worse than Biegler’s matter-of-fact reply. Juries pay more attention to evidence that is objected to than other evidence. Accordingly, if at trial you find your attorney objecting less often than your adversary’s, it very well could be a good thing. It certainly does not mean your attorney should never object. For the important breaches of trial protocol—the kind that are so important that, if the judge rules incorrectly, an appeals court might correct the error—your attorney should object. Otherwise, you will lose the right to appeal any error after trial. Is there any way to stop the tactic used by Jimmy Stewart's character? Good attorneys ANTICIPATE BEFORE TRIAL the kinds of evidence that an opponent might attempt to use to unfairly prejudice a jury and file what is called a Motion in Limine to request that the court IN ADVANCE tell the parties what types of question and evidence are off limits on pain of contempt or other sanctions. This may be another reason why your carefully selected trial lawyer is objecting less than your adversary’s.

Check out our 2023 report on all the precedential Federal Circuit opinions. The report categorizes each case and summarizes the key facts, analysis, and holdings.

BIG FEELS: In life, no feeling is final. If you’re in the midst of separating, remember that any tough feelings that you are navigating will eventually pass. With the support and guidance of Romer Maud Family Lawyers, you can leave the legals to us, so you have the time to process, heal and move forward. To book our free 'Clarity and Direction' appointment with our team, visit our website here: https://lnkd.in/gf_i9eEG #RomerMaud #FamilyLaw

In the fast-paced world of legal battles, the difference between victory and defeat often lies in the details. That's why I'm thrilled to share my latest blog post: "The Art of the Trial Autopsy: Unveiling Successes and Learning from Losses." 📚🔬 Ever wondered how the best legal minds turn their courtroom experiences into gold? Just like in "Grey's Anatomy," it's all about dissecting the events with surgical precision. But don't worry, it's less about the gore and more about the glory! 🌟 Whether we're celebrating a win or learning from a loss, every trial offers invaluable insights. My latest blog article dives deep into the importance of conducting a trial autopsy right when the memories are fresh, ensuring your legal strategy is ever evolving and ahead of the curve. 📈💡 👉 What makes this even better? I've crafted a comprehensive checklist that will guide you through your own trial autopsy process. It's time to transform your legal practice, one reflection at a time. Dive in, dissect your past trials, and carve out a path to more courtroom victories! Download the checklist and start turning those insights into action. 💼🎯 #LegalInnovation #TrialAutopsy #CourtroomStrategy #Litigation #LegalPracticeImprovement Arrow Consultants | Misty Murray

⚖️ Last week, the gavel was passed to me and I am honored to be the next President of the Massachusetts Academy of Trial Attorneys (MATA).   During my term, I hope to increase diversity in our membership.   I have a hypothesis based, in part, on my own experiences as a young lawyer:   The Plaintiff’s bar is not always known for its heroic work. But rather, it is widely known based on its consumer-based marketing. There are still commercials that have our lawyers chasing ambulances and promoting money recovered.   I understand that those commercials deliver clients.     But, they do not adequately reflect who and what we, Plaintiff’s lawyers, are.   We need to change the narrative. If we do so, I believe we will see a more diverse group of future lawyers who choose to work in our firms, on the Plaintiff’s side of the “V”.   When I say “change the narrative,” I mean tell the story of the amazing work that Plaintiff’s lawyers do day in and day out.   When I say “change the narrative,” I mean tell the story of the amazing work we do to improve the lives of people.   When I say “change the narrative,” I mean tell the story of the amazing work we do to right wrongs and to improve the safety and well-being of people.   When I say “change the narrative,” I mean tell the story of the purpose-driven work we, Plaintiff’s lawyers, do.

Treat every question as a gift! In this Sound Bite, former APJs Trenton Ward and Richard Torczon discuss how questions can be gifts for advocates during oral arguments. Judge Ward emphasizes how questions presented to attorneys are an opportunity to understand inquiry and formulate meaningful responses. Judge Torczon follows with an example and further highlights how slide presentations should support an argument modularly. Other panelists include Jessica Kaiser and Lora Green. Azie Aziz, Ph.D. was the moderator for this panel. #ptab #iplaw #education #awareness #growthmindset #buildingcommunity #support #iplawyers #practitioners #biglaw #uspto Want to hear more, check out Virtual Patent Gateway, LLC's YouTube channel for additional Sound Bites and the full podcast episode of "Judicial Wisdom In Action: The Journey from Administrative Patent Judges to Optimized Advocate." https://lnkd.in/gJEZY-g https://lnkd.in/eMxuueFj