E-Discovery LLC

MAY 19, 2025

It is important, almost ten years later, for litigants to be aware of the December 2015 revisions to the Federal Rules of Civil Procedure. In what may be dicta, the Court also wrote out the jury instruction it would have suggested if Defendants had filed a motion under Rule 37(e)(1). 37(e) (Apr.

Evidence

Jury Analyst

AUGUST 7, 2024

The Impact of Confirmation Bias on Litigation: Confirmation bias can have far-reaching implications throughout the litigation process, affecting both the assessment of evidence and the decision-making of jurors in critical and deleterious ways: Biased processing of evidence and information: This outcome is a central hallmark of confirmation bias.

Jury Selection

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

In its first eDiscovery failing, Arch Insurance did not issue a litigation hold until four years after having constructive notice of the claim. The Court ruled that the Plaintiff could introduce evidence of Arch Insurance’s eDiscovery failures at trial and would issue a jury instruction as an evidentiary sanction.

Insurance

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

Junior State of America Foundation , is a civil litigation matter involving the intentional destruction (spoliation) of social media evidence. A case out of the federal courts in Texas addressed this issue head on. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence

Ethicking

OCTOBER 14, 2023

There were exchanges about what jury instructions would best lead to the judge’s preferred outcome (among other things). At the very least, disclosing that your paramour is a partner in the firm representing one of the litigants (and then allowing the litigants to consent to you hearing the case, or not) is important.

Cross-Complaint

Jury Analyst

MAY 19, 2023

Moreover, it explores the significance of scientific jury analysis in helping lawyers and litigators navigate the potential biases stemming from media exposure , empowering them to devise effective strategies. Scientific jury analysis offers valuable insights and tools to navigate the impact of media coverage effectively.

Jury Selection

Jury Analyst

JULY 17, 2023

Jury Instructions and Interventions : Remember, the first step to safeguarding against confirmation bias is admitting you are vulnerable to it, so educating the jury about this issue is important.

Jury Selection

Jury Analyst

JULY 17, 2023

Jury Instructions and Interventions : Remember, the first step to safeguarding against confirmation bias is admitting you are vulnerable to it, so educating the jury about this issue is important.

Jury Selection

Jury Analyst

JULY 17, 2023

Jury Instructions and Interventions : Remember, the first step to safeguarding against confirmation bias is admitting you are vulnerable to it, so educating the jury about this issue is important.

Jury Selection

E-Discovery LLC

NOVEMBER 29, 2024

Plaintiff seeks limited discovery regarding the missing documents and a negative inference jury instruction regarding the contents of Vanderpool’s and Dupree’s personnel files and the missing emails. The Court, however, held that the Town had a duty to institute a litigation hold.

Burden Of Proof

Evidence at Trial

NOVEMBER 27, 2021

Judicial Council Of California Civil Jury Instruction 202, Judicial Council Of California Civil Jury Instruction 202. With respect to opinion number 7, Dr. Longo had presented these test results through testimony and expert reports in other asbestos litigation against J&J. In Strobel v. Sanchez."

Evidence

Jury Analyst

MAY 22, 2024

Litigants expect a fair trial, and introducing external evidence violates this expectation. As such, educational efforts and stricter controls are continuously implemented to safeguard the sanctity of jury deliberations. Pronounced jury misconduct can lead to civil litigation.

Evidence

Jury Analyst

MAY 22, 2024

Litigants expect a fair trial, and introducing external evidence violates this expectation. As such, educational efforts and stricter controls are continuously implemented to safeguard the sanctity of jury deliberations. Pronounced jury misconduct can lead to civil litigation.

Evidence

Temple University Beasley School of Law - Advocacy

MARCH 30, 2025

I have been a capital case litigator for thirty-plus years in Pennsylvania in the United States of America. We often denominate death penalty litigation the brain surgery of criminal law the most complex of skills demanding the most knowledge and awareness. What does that connote? How else can I confirm this?

Evidence