Knotty Issues of eDiscovery
California Code of Civil Procedure 630.01 to .08 allows for expedited one day civil trials, where each side gets three hours to present their case. There are serious waivers, such as motions for directed verdict, motions to set aside the verdict or any judgment rendered by the jury, or motions for[…]
Read moreCalifornia: The home of movie studios, Silicon Valley and innovation. Now, thanks to the California Court of Appeal, the law embraces the reality of recovering trial presentation costs with a published opinion. California law recognizes the prevailing party in litigation is entitled to reasonable costs that were “reasonably necessary to[…]
Read moreWhy would a juror’s online research be a “problem” for a criminal defendant? Because an “extrinsic influence on a jury’s deliberations violates a defendant’s Sixth Amendment rights to an impartial jury, to confront witnesses against him, and to be present at all critical stages of his trial.” United States v.[…]
Read moreA criminal defendant appealing his conviction on ineffective counsel and insufficient evidence to support his convictions challenged text message evidence. State v. Loye, 2009 Minn. App. Unpub. LEXIS 660, 1 (Minn. Ct. App. 2009). The Defendant’s key argument at trial was challenging his victim’s credibility as the only witness to[…]
Read moreWe live in an age where our jury pool watches CSI, History Channel battle re-enactments, and movies on iPods. To say we are visual society is an understatement. How can lawyers maximize technology to better communicate facts showing liability why an engine failed to the modern juror? The first step[…]
Read moreMichael Berman, Esq., of Rifkin, Livingston, Levitan & Silver, LLC, argued to excluded email messages and a voice mail at the CT Summation Best Practices Summit, held in Washington, DC on May 20th, 2008. The Best Practices Summit included a mock motion in limine hearing. In the fictional case, the[…]
Read moreMy friends laughed hysterically when I had jury duty last year. Apparently, the idea of a lawyer having to do his civic duty is funny. And yes, for the record, I did wear my bow tie. During the jury selection process, my exchanged with the judge went as follows:[…]
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