After an accident, a plaintiff is diagnosed with a concussion (or another injury), receives minimal treatment, and has low medical expenses. At trial, they seek only non-economic damages, excluding past medical expenses. As the defense attorney, you argue against this, but the court allows it. The plaintiff presents evidence of permanent injuries and life expectancy tables, demanding millions for non-economic damages. Their case hinges on sympathy rather than facts. This tactic, known as untethered damages, can and has persuaded juries in awarding inflated and unfounded damages awards.
by: Margaret Stambaugh, Law Offices of Ryan T. Probstfeld
2/25/2025
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For civil defense attorneys, “bond” is a four-letter word in more ways than one when it comes to appeals, because supersedeas bonds only come into play when something didn’t go right at the trial level. That being said, when a court errors and an appeal is necessary, it’s extremely important to stay enforcement of the erroneous judgment to protect the client’s assets during the appeal.
by: Dan Huckabay, Court Surety Bond Agency
2/26/2025
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Alice C. Brown Dolph, Managing Attorney at American Family Insurance and former WDTL Trustee, has been named a Trustee of the American Board of Trial Advocates (ABOTA) Foundation.
by: WDTL
2/26/2025
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Almost all civil cases resolve without a trial.[1] As a judicial officer, I saw many cases that clearly could and should have been settled but came back to me after a “failed” mediation. As a litigator, I participated in well over 100 mediations. And as a mediator at JAMS, I often see the same mistakes I made as a practitioner get in the way of successful settlements. If settlement really is the most likely outcome of virtually every case, shouldn’t we put as much (if not more) planning and preparation into a mediation as we do a trial?
by: Bradford G. Moore (Ret.)
2/25/2025
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deMaine Seeberger PLLC
by: Pierce Rand and Jay Bowlby of deMaine Seeberger PLLC
2/25/2025
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Virtually every state has adopted some version of Federal Rules of Evidence Rule 702, which says: "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise."
by: Steve Roberts, Veritas Forensic Accounting & Economics
2/26/2025
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Larson Health Advocates
by: Natalie Heineman & Alex Slader, Larson Health Advocates
2/26/2025
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“Do you have your robes yet?” one of senior associates asked me as we prepared for a two-week trial in March of 2021. “Robes? What?” I asked. “We robe for trial,” he responded, nonchalantly. After nervously asking a younger associate what “robes” were later that day, I realized there were more differences between trials in the US and Canada than I had imagined.
by: Katherine Daniels-Addison, Gascon & Associates LLP
2/26/2025
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Four years later, the daunting mute button remains one of the greatest challenges in online appearances.
by: Mary Rathbone, Moberg Law Group
2/26/2025
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On Sept. 19, the American National Standards Institute (ANSI) approved and published the latest standard in its ANSI Z535 series that offers guidance for presenting product safety information.
by: Julia Diebol, Ph.D., Rachel Kelly, Ph.D., & Regan Lawson, Ph.D., Exponent
2/26/2025
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WDTL’s Winter Drive for Treehouse raised $2,036, exceeding our $1,500 goal!
by:
2/26/2025
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Welcome to our newest members!
by: WDTL
2/26/2025
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