Civil Litigation

Mendocino County has been officially due for a new courthouse for more than 20 years — and unofficially, probably even longer. The superior court facility in Ukiah wasn’t even supposed to be a courthouse in the first place; it was first constructed to house the county’s administrative offices. Part of it was built in the 1920s, the other part in

 Jurors are told by the Judge not to research anything having to do with the trial, which is fine–except when a juror finds themselves bumped off the panel by a Judge for daring to look up a legal term in the dictionary. Which has happened, probably more than once.What is wrong with this picture? Why should a juror be

Though many of us naively strolled into 2021 thinking nothing could be as frighteningly eventful as 2020, in the law community those notions were quickly dispelled. As the pandemic wore on and laws in the state continued to adjust on a daily basis, California’s ever-changing legal landscape got even more complicated. Part of tracking legal news for CEB and writing

 A disturbing comment I hear repeatedly in jury debriefings and focus groups is that the attorneys do not connect their points or evidence to the specifics of the complaint.Furthermore, attorneys rarely fully explain the jury instructions to the jury, and worse – fail to tie in those instructions to the attorney’s interpretation of the case.This leaves jurors in the

 Delving into the group affiliation tendencies and reading habits of your jurors can give you valuable clues to whether or not a juror will be empathic, meaning able or willing to help others in need.We’ve usually taken this to mean that the nature of the groups people join, and the material they read, are good indicators of how jurors

TRE Legal Practice (TRE) and Disability Rights Advocates (DRA) filed a disability rights lawsuit in California State Court against the California Department of Insurance (CDI) for its failure to ensure the accessibility of its licensing exam for insurance agents to blind applicants. The lawsuit also includes claims against PSI Services, the private entity that CDI contracts with to administer

 It used to be thought that by activating dire consequences in jurors’ minds, jurors would rush to fix or avoid consequences. This has held true whether one is plaintiff justifying huge damages, or defense arguing “They’re the bad guy, not us. Don’t let them get away with it.” And, certainly, threats to life, limb or pocketbook attract our attention.

 Now that we are back in the courtroom as opposed to our above-the-waist-only position on Zoom, our witnesses/experts’ body language is once again relevant.In working with witnesses, I developed the “Power Sit” – my shorthand for “Please sit up straight, your back against the back of the chair, with your head level, arms on the arms of the chair,”