Trial Lawyer on Your Side

June 20, 2014.  A bench trial is a court proceeding in which a dispute is resolved 100% by a judge, without a jury.  The judge, sitting on the “bench,” resolves both legal and factual disputes in the lawsuit.  A jury trial, as the name suggests, is a trial in which a jury is selected to […]

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State and federal courts alike have procedures in place which allow a party to a lawsuit to obtain sworn deposition testimony from a company.  Wait a minute – how can a company “testify”?  State and federal laws require a company to present one or more witnesses to testify, in response to a valid subpoena served […]

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June 10, 2014.  Should college athletes get paid?  A class-action lawsuit filed five years ago by former UCLA basketball star Ed O’Bannon against the NCAA was scheduled to commence trial yesterday in a California federal court.  It would probably be an understatement to say the case will have a significant impact on the future of […]

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June 2, 2014.  A lawsuit comes to an end once it is dismissed.  However, there are two types of dismissals, a dismissal without prejudice and a dismissal with prejudice. While these two legal phrases are nearly identical on their face, they have dramatically different implications. A dismissal without prejudice does, indeed, lead to the dismissal […]

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May 19, 2014.  Through the course of my career, I have developed a fairly standard outline for expert depositions.  I think of the outline as my “starting point,” and every case is different and requires more or less attention to different issues.  I did a Google search the other day and came across an outline […]

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May 13, 2014.  A recent blog on JAMS’ website from a retired California judge, Lynn Duryee, outlines some easy tips for mediation preparation.  The blog can be found HERE.  In particular, I agree with the judge’s discussion regarding cultivating a relationship with your opposing counsel.  One of the most recent cases I settled involved two […]

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April 30, 2014.  Attorney Anthony Osborn received a favorable jury verdict in a state court lawsuit in Union County, South Dakota.  In the trial, Osborn represented a contractor seeking damages against a property owner due to the owner’s failure to pay for certain construction materials and services.  While the owner had filed a counterclaim, alleging […]

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Anthony Osborn will be speaking later this week at the annual meeting of the American Bar Association’s Litigation Section in Scottsdale, Arizona.  More information regarding the conference and the ABA Litigation Section can be found here.  Osborn will address pre-trial and trial issues implicated by the email-intensive world, and will provide litigators and trial attorneys […]

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April 1, 2014. A recent decision by the Iowa Court of Appeals, which can be found here, addressed the meaning of the term “rain” as that term is used in an insurance policy.  In the case, Amish Connection, Inc. v. State Farm, the plaintiff sustained property damage at its place of business when a drain […]

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March 24, 2014.  A recent decision out of the Seventh Circuit Court of Appeals serves as a healthy reminder for attorneys seeking to utilize emails at trial.  In the case, Devbrow v. Gallegos, the plaintiff had sought to introduce an email from one of the defendants into evidence.  The defendant himself had actually produced the […]

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