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Getting the Best Value from Trial Consultants and Jury Research

By Jo Ellen Livingston, Ph.D.
Why should you hire a person who is not a lawyer to help try your case? How can a panel of a few dozen laypeople help predict what an actual jury will do? If you are a successful lawyer, what does pretrial research bring to the table? When considering the value of jury research, these are burning questions for many lawyers today, and even more so for their clients who have to pay the bills for these services.

“Should I Google the Jury?” and Other Ethical Considerations

By Sarah Grider Cronan and Neal F. Bailen
Today’s trial lawyer faces more ethical challenges than ever before. The rules of professional responsibility provide guidance in many situations, but there continue to be substantial gray areas as to appropriate behavior between lawyers and jurors within the confines of the courtroom.

Supreme Court Sets “Procedural” Limit on Punitive Damages

By David Broughel
In a case in which an Oregon state court jury had awarded a widow $821,000 in compensatory damages and $79.5 million in punitive damages against Philip Morris USA, the United States Supreme Court on February 20, 2007 overturned the verdict and returned the case to the Oregon Supreme Court for further proceedings.

Removal Based on Fraudulent Joinder of a Sales Representative

By James C. Barton Jr.
In pharmaceutical and medical device cases, it is common for plaintiff’s counsel to join local sales representatives or distributors as defendants in order to destroy diversity jurisdiction that otherwise would be present in an action between the plaintiff and the product manufacturer. The recent case of Bloodsworth v. Smith & Nephew, Inc. is an example of this practice.

Limiting Exposure in Clinical Trials

By Justine G. Cuccia
Maximum care in clinical trials can be a matter of life and death—not only for the test subject, but also for the drug or device being tested, and for the company that has developed it. Claims arising from clinical trials are becoming more common.

“Off-Label” Is “In”

By Daniel S. Wittenberg and Brendan M. Ford
The newest weapons in America’s ongoing battle of the bulge are but the latest chapter in the ongoing discussion and debate over off-label use, defined by the Food and Drug Administration as “use for indication, dosage form, dose regimen, population or other use parameter not mentioned in the approved labeling.”

CAFA: For Whom the (Removal) Burden Tolls

By Alan E. Rothman and Steven Glickstein
Under a well-established principle of federal jurisprudence, “the party invoking federal jurisdiction bears the burden of establishing its existence.” Thus, in actions removed from state to federal court, it had always been the removing defendant—the proponent of federal jurisdiction—who “must take and carry the burden of proof” that the prerequisites for federal jurisdiction have been satisfied.

Young Lawyers’ Products Liability Practice Tips

30 (b)(6) Depositions: Who Gets the Short Straw When No One Knows the Answer?

By William S. Ohlemeyer
Rule 30(b)(6) of the Federal Rules of Civil Procedure1 seems simple enough—sue a corporation, serve a notice, make them produce someone who can answer your questions. After all, how else can you extract oral testimony from a legal fiction?

Improper Venue vs. Change of Venue – What’s the Difference?

By Noelle Lagueux-Alvarez
We all need backup sometimes. Batman had Robin, Lucy had Ethyl. As a young lawyer, research is your best backup. Research recently came through for me on an often-confused procedural issue—the defense of improper venue versus moving for a change of venue based on convenience. Although both procedural tools involve the word venue, their similarities end there.

Ten Commandments for Effective Rainmaking

By Timothy A. Pratt
We lawyers are an insecure breed by nature, and at any age we worry about two things: One, am I a good lawyer? Two, will I be able to get enough clients to keep me busy and make me successful?

How to Second Chair a Trial

By Charles L. Woody
There are numerous practical “to-do” items necessary to organize your case prior to trial. Read this article for indispensable tips.

How to Be an Effective National Counsel

By Maria H. Ruiz
As a young lawyer, you might be called upon to assist senior attorneys at your firm to fulfill the national counsel role for large clients. These practice tips will be appreciated by your senior attorneys, clients, and local counsel alike.

How to Deal With Difficult Opposing Counsel

By Charles L. Woody and Kevin L. Carr
According to an obscure medical journal, lawyers are genetically predisposed to spend long hours admiring themselves in the mirror and regularly exhibiting boorish and obnoxious behavior; it’s just plain science. Accordingly, you can either give in to the organic urge or rise above it.

Ten Tips for Preparing Witnesses for Deposition

By Eric Hudson
Many young lawyers spend a lot of time preparing witnesses for depositions, but sometimes we fail to recognize the importance this can play in our cases’ ultimate outcomes. Good preparation can significantly affect your witness’ performance during a deposition, and good depositions translate into better settlements, better trial preparation, and an overall better case.

How to be An Effective and Efficient Local Counsel

By Michele G. Johnson
Sooner or later you may find yourself in the position of being local counsel for a particular client. This may seem like an easy job. Someone else is doing all of the work and all you have to do is see that the pleadings get filed, right? Wrong. Your role as local counsel does not stop there.

Can Witnesses Be Excluded From Depositions Of Other Witnesses?

By Justin P. Lemaire
Consider the following hypothetical: Smith, a young lawyer, is to take the deposition of Robinson, a supervisor at a toy company's factory, and Mitchell, a factory employee who works under Robinson, in a case where Smith's clients allege that remote controlled toy cars manufactured at the factory were prone to sudden bursts of speed and injured children. Smith believes that Mitchell knew about the danger the toy cars presented and warned his supervisors, but was told to cover up the problem.