ABA Journal

Deposition

21 ABA Journal Deposition articles.

Evidential essentials: How witnesses can make or break a case

It was a cold Canadian winter morning. But let me get back to that in a moment. The success of your case often gets down to three things: witnesses, witnesses and witnesses. Good advocacy helps, too, but that generally means marshaling good witnesses.

Marvel CEO seeks punitive damages for alleged theft of his DNA during a deposition

Marvel Entertainment CEO Ike Perlmutter is seeking punitive damages against Chubb insurance for allegedly facilitating a DNA theft during a deposition.

Perlmutter alleges an in-house lawyer for a Chubb subsidiary…

How will the ‘Anthony Fauci effect’ influence jurors?

Lawyers and jury consultants are considering whether the COVID-19 pandemic will influence juror attitudes in what Law.com is dubbing the “Anthony Fauci effect.”

Tales of double-crossing, big egos and cattle brands swirl around Gerry Spence lawsuits

Over the years, many attorneys shelled out thousands of dollars to spend three weeks in a converted Wyoming cattle ranch described as “spartan,” with no cellphone service, so they could listen and learn from the self-proclaimed “greatest trial lawyer in history.” From all over the country, lawyers came to the Trial Lawyers College to learn from Gerry Spence, the famed litigator who claims to have never lost a criminal case.

Afternoon Briefs: Execution carried out despite COVID-19 claim; 9 charged in Flint water crisis

COVID-19 claim doesn’t stop execution of drug trafficker

Drug trafficker Cory Johnson was executed Thursday for his role in the slayings of seven people after the U.S. Supreme Court refused…

‘You are not dicking around with a rookie;’ lawyer’s deposition ‘churlishness’ is memorialized

A federal magistrate judge has declined to impose a monetary sanction on a Montana lawyer who told opposing counsels that they are “not dicking around with a rookie” and suggested that he could get on a plane to personally punch one of them in the head.

Sanctions upheld for lawyer who included an original haiku in filing and cited Bugs Bunny

A federal appeals court has upheld sanctions imposed on a lawyer who filed “lengthy and superfluous filings” in a dispute with his brother, including a brief that was “littered with exclamation points and rants.”

Having a hard time connecting with your witness? Try these tips

You're a plaintiffs attorney with a promising tort case, but getting the narrative evidence you need from a particular witness is like squeezing blood from a stone. How can you get through to them and help ensure that your client gets the damages needed for long-term care? The real problem might be that your communication styles are fundamentally different, says author and trial consultant Katherine James.

Lawyer accused of threat to have opposing counsel’s ‘rear end sanctioned’ faces ethics complaint

A Florida insurance defense lawyer is accused of unprofessional conduct toward opposing attorneys and a litigant, including a threat to have an opposing counsel’s “rear end sanctioned” over objections made during a deposition.

Afternoon Briefs: Actor Jussie Smollett’s prosecutors are reviewed; enhanced protection is recommended for judges

No crimes by prosecutors found in Jussie Smollett case

Special prosecutor Dan Webb has found “substantial abuses of discretion” but no criminal wrongdoing by prosecutors who dropped charges against actor…

SCOTUS will consider free speech damages in case of evangelizing college student

The U.S. Supreme Court agreed on Thursday to decide whether an evangelizing college student may receive nominal damages from a state college for an alleged free speech violation that happened under a policy that has since been discarded.

Lawyer who interrupted deposition 145 times is ordered to pay $1,000 and attorney fees

A Louisiana lawyer who interrupted a deposition 145 times and made 106 objections will have to pay for the conduct.

Judge suggests lawyer who opposed extension may want to brush up on karma concepts

A federal magistrate judge in Miami is letting squabbling litigants know that their issues are less important than the COVID-19 pandemic.

Lawyer who successfully sued Roundup is accused of trying to extort $200M from unnamed company

A lawyer who helped a groundskeeper obtain a $289 million verdict against the maker of Roundup has been charged with trying to extort $200 million from an unnamed company.

What’s your favorite trial scene from a movie?

If you're a fan of courtroom scenes in movies, are you more of a "You can't handle the truth!" type via Jack Nicholson in A Few Good Men, or are you more of a "And the truth shall set you free!" type via Jim Carrey in Liar, Liar?

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