Chamberlain Hrdlicka's Appellate Blog covers a cross-section of issues of interest to businesses and individuals involved in litigation, trial and appellate lawyers, as well as judges.
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The majority of lawsuits settle before the case goes to trial. There’s a reason for that. It can be years before a lawsuit is scheduled for trial, the outcome is unpredictable, and the process can be expensive, making an out-of-court settlement attractive.
But often, the parties are unable to reach a settlement because they view the law, the facts, and the chances of obtaining a successful verdict - however they may define it - differently. When the gap between the parties’ respective positions is too large to close, proceeding to trial may become more palatable and, indeed ...
In my previous blog in Part I, I promised to outline six recommendations for avoiding the most common mistakes on jury charges and covered preparation, timely lodging of objectives and outsourcing considerations. This article covers the final three tips.
The trial court is required to provide counsel to the jury charge in advance of the formal charge conference and to provide enough time for a meaningful review. So, the fourth tip is to use this time wisely and not get distracted or just glance over the document. Give the court’s final jury charge absolute undivided attention before ...