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I. INTRODUCTION One of the greatest challenges facing the attorney is achieving full and fair value for the case through settlement. If the settlement process fails, all counsel can do is attempt to achieve appropriate compensation from the jury, with considerable influence from the presiding judge. Once the jury begins deliberations, all control of the […]
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SHOULD PLAINTIFFS BIFURCATE LIABILITY AND DAMAGES IN NORTH CAROLINA? The General Assembly, in its infinite wisdom, inserted a provision in S.L. 2011-400 (SB 33) which will change our basic strategy in how we try civil cases. Specifically, Section 2 of S.L. 2011-400 provides that any party may move for bifurcation on the issues of liability […]
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28 Jul '14
According to the American Trucking Association, overall freight tonnage will grow 23.5% from 2013 to 2025 and freight revenues will surge 72%. “We continue to see growth for the entire freight economy – but we also see that trucking will maintain its position as the nation’s dominant mode of freight transportation,” said ATA Senior Vice President and […]
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Much of the public is now aware of the recent wreck involving comedian and actor Tracy Morgan and a tractor trailer driver which failed to notice slowing or stopped vehicles immediately prior to crashing into a line of cars, injuring Mr. Morgan and killing one of his good friends. There are allegations that the tractor trailer driver may […]
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My last post discussed the effective use of experts at trial. This post continues in the same vein, but with a focus on damages experts. Effective Use of Damages Experts Remember the goal set forth by David Ball – spend half your time on harm and half on money. Among other things, this means you […]
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EFFECTIVE USE OF EXPERTS AT TRIAL One of the most important weapons of any trial lawyer is a reputation of willingness to bring appropriate cases to trial. Of course, a lawyer must develop a reputation for handling cases in the courtroom with skill and ability. Your effective use of expert witnesses at trial is a […]
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MAXIMIZING THE VALUE OF YOUR EXPERTS DURING LITIGATION Now that you have determined you have a good case and have built a solid foundation through extensive pre-suit investigation including consultation with your expert(s), you are ready to file your case. For plaintiffs, to maximize the value of your case, make good use of written discovery […]
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I. INTRODUCTION One of the greatest challenges facing the attorney is figuring out how to effectively use expert witnesses to help maximize damages in catastrophic injury cases. It is naive to think you may simply retain an expert or two, and allow them to render some opinions in the hopes they will make your case […]
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My last blog entry discussed various aspects of the settlement process. If you can not arrive at a meaningful result for your client, you must head to trial. This blog post discusses preparation for trial as well as the trial process itself. TRIAL One of the most important weapons of any trial lawyer is the reputation […]
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My last blog post discussed the discovery process to get your case ready for mediation and trial. This blog post discusses approaches to settlement discussions. Settlement Discussions North Carolina has employed mandatory mediation for several years with good success. Though we now have court-ordered mediation, you are still free to engage in settlement negotiations at […]
