To Protect and Preserve an Independent Judiciary

In For Trial Lawyers, Legal Ethics & Professionalism by gravierhouse1 Comment

View Full Document Our Founding Fathers recognized that a strong and independent judiciary was essential to safeguard the personal and property rights of all members of society, who would be treated equally, under the Rule of Law. Here, in Louisiana, we have a strong, committed, vibrant, intelligent, dedicated, independent, and hard-working judiciary that helps attorneys on both sides of the …

Access to the Courts

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When injustice arises in America, people turn to the courts. The courts protect ideas and inventions, by enforcing copyrights and patents. They protect property and incorporeal rights by enforcing contracts and business transactions. They protect entrepreneurs and owners of small businesses by enforcing laws against monopolies and unfair competition. And they protect the consumer by enforcing warranties, whether express or …

Telling the Story: The Trial Lawyer’s Journey

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View Full Document When I started practicing, around twenty years ago, the art of trial advocacy embraced the concept of storytelling as a central way of communicating the plaintiff’s cause to the jury. The convention, at that time, seemed to focus largely on plot, with the plaintiff as protagonist in his or her own life’s story. The jury would hopefully …

The McDonalds Hot Coffee Case

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View Full Document Stella Liebeck woke up early one morning in 1992 to drive with her son and grandson to the Albuquerque airport from Santa Fe. They didn’t have time to eat breakfast, so after dropping her son at the airport, she and her grandson pulled into a McDonald’s drive-through, where she ordered a McBreakfast. After receiving her order, she …

To the Rules Committee: Please Give Our Clients their Day in Court

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View Full Document September 30, 2013 Committee on Rules of Practice and Procedure Thurgood Marshall Building Administrative Office of the United States Courts One Columbus Circle, NE Washington, DC 20544 E-Mail: rules_comments@ao.uscourts.gov Re: Proposed Amendments to Rule 26 To the Members of the Committee: I am the Managing Partner of Litigation at Herman Herman Katz in New Orleans, Louisiana, where …

A Few Lines for the Trial Lawyer

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View Full Document Across the Acres and the Aprils and the Fields, the waning afterglow of what remained Does make its way along the vast horizon. The Titans or the Captains who did forge our paths in steel and blood Have now diminished or retreated Yet defeated not in spirit, nor the Mind of once what said we might have …

12 Lessons in Litigation

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View Full Document Lesson 1: Any Case Can Be Won – Or Lost. At any time, the defendant in a “clear liability” case can file for Bankruptcy. A seemingly irrelevant witness could say something unexpected in a deposition that gets you to the jury. Anyone who has been in practice more than a few years has turned a “dog” around …

Judge Wilson Delivers Pithy Admonition Against Federal Preemption as an Assault on Trial by Jury.

In For Trial Lawyers, What's New in Product Liability Law?, What's New in the Courts by gravierhouseLeave a Comment

In a Supplement to the Court’s April 10, 2008 Order, Judge Wilson took pause to consider the broad implications of preemption: “The thought underlying expansive preemption (‘backdoor federalization’) is that bureaucratic experts are better at determining what is reasonable, what is too dangerous, etc., than are juries. Over the past several years I believe that all three branches of government …

A Frolic of His Own

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A Frolic of His Own has some of the funniest passages I have ever read. I’m not sure whether, if I were not a practicing attorney, I would have appreciated them less, or even more. The formal pleadings and deposition colloquies were exaggerated enough to bring out the comedy, yet genuine enough so as not to be absurd. As in …

On America and the Law

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INTERVIEW WITH STEPHEN J. HERMAN ABOUT HIS BOOK, AMERICA AND THE LAW: CHALLENGES FOR THE 21st CENTURY June 1, 2005 How did you come to write this book? It was 1994 or 1995, and I was working as a judicial clerk, which is a great job, but it’s pretty much a 9-to-5 job, and my wife was working about 15 hours …