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Jurors to Lawyers: Dare to be Dull
The 2000 National Law Journal/DecisionQuest Juror Outlook Survey shows that even if lawyers manage not to distract jurors with the way they look or dress, they may find jurors don't like the techniques used in court, ranging from impassioned closing statements to computer-aided presentations of the facts to in-your-face cross-examinations of witnesses.Conflict With 'Bernal' Gives Court Jurisdiction Over Class
The Texas Supreme Court has decertified a nationwide class of some 20,000 dentists who sued a software supplier, saying that an appellate court failed to hold the trial court's certification order to the standard set in Southwest Refining Co. v. Bernal. The court of appeals correctly stated the law established by the Texas Supreme Court's Bernal ruling but misapplied it, the majority said.No More 'Chalets': Legal Marketing Focuses on Building Business
The PGA Championship gets under way this week at the Hazeltine National Golf Club outside Minneapolis, but hometown law firm Dorsey & Whitney is not wining and dining clients in a pricey chalet this time around. Dorsey is hardly the only law firm rethinking its sponsorships of everything from golf trips to industry conferences in this harsh economy, say legal marketing experts. Firms are scrutinizing their spending and trying to focus on events that offer the best opportunity to generate business.'Gatekeeping' Expert Testimony: From Popcorn to Tires and Beyond
In his Products Liability column, Michael Hoenig, a member of Herzfeld & Rubin, analyzes recent rulings that have precluded expert testimony as unreliable. Are lawyers pushing the liability envelope too far? Are experts offering opinions without doing their homework? Are experts for hire too readily finding causal connection between product and injury? Are judges probing more searchingly in executing their gatekeeping task to admit only evidence that is both relevant and reliable?Link Between Privilege and Substance Rules Out Appeal
An order compelling a wife to testify about conversations with her husband cannot be appealed because the application of spousal privilege cannot be addressed without considering the merits of the underlying action, a Superior Court panel ruled in an opinCite as: Gabayzadeh v. Brafman, 09 Civ. 4095, NYLJ 1202493981460, at *1 (SDNY, Decided May 11, 2011)District Judge Paul A. CrottyDecided:
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