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Copyright 2010 by Neubauer & Associates, Inc
July
2011 Issue

FEATURES:


Offensive use of summary judgments: Knocking out affirmative defenses
Instead of fearing summary judgment, use it to eliminate key issues and improve your position at trial.  
Brian J. Malloy


Motions in limine misused and abused
Interpretation of recent case law is leading to misuse of motions in limine. More judges are taking defense counsel’s bait and gutting plaintiff’s case.
Solange E. Ritchie


The what, why and how of persuasion
First, tell them why they should care. Then give them decision-making information that is memorable. And be quick about it.
John P. Blumberg


The quid pro quo of mediation
Eliminate obstacles, prepare thoroughly and give the other side what they need so that you will get reasonable case value the first time around. Here’s a checklist to successful mediation.
Jerry Spolter


Profile: Jack DeMeo
Courtesy and generosity have molded the “dean” of trial lawyers in Sonoma County.
Stephen Ellison


Comparative fault does not reduce a judgment based on a breach of warranty
Both express and implied warranties can be used to defeat the defense of comparative fault.
Louis S. Franecke


DEPARTMENTS:

Trial Practice and Procedure
Limiting defendant to a single new trial motion
California courts attempt to limit new trial motions to prevent interminable trials from clogging the courtrooms.
Jeremy Cloyd


Mediation Matters
The windup before the pitch
Starting a mediation with “tiger blood” still flowing is usually a waste of time.
Jeffrey Krivis


Appellate Reports and Cases in Brief
Recent cases of interest to members of the plaintiff’s bar
Jeffrey Isaac Ehrlich

Reviewed by Jeffrey I. Ehrlich


Back Story
Second Chair is much more than second fiddle
Never a second’s hesitation – the role of the second seat in trial is to be “in the present” and anticipate.
Miles B. Cooper


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