Pamela Yates, Arnold & Porter Kaye Scholer
Tell us about your biggest trial win from January 2017 to July 2018 and how you achieved the result for your client.
My unanimous defense verdict in under three hours for my client’s first bellwether trial came on the heels of two large (nine-figure) punitive damages verdicts against a co-defendant manufacturer. We needed to change the verdict trend and win. Our strategy would be different. Our focus was squarely on the plaintiff—why did he have a heart attack if our medicine did not cause it. Through cross and direct examinations of witnesses, we presented evidence about the plaintiff’s medical history and showed the jury that heart attacks happen every day in men just like plaintiff but who never took our medicine. We kept our science defense simple and focused.
Share two trial tips that have been key to your success. Having a British accent. On a more substantive note:
- Keep the science simple. You are teaching the jury and it is essential they understand it.
- Start cross examinations with a punch. The witness has just done damage to your case so lead with a hit on credibility through impeachment or something to undermine the reliability of what the witness said.
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