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Civil Litigation Legal Topics Litigation Strategy Trial Strategy

Should You Discuss Damages During Opening and Closing?

thinkstockphotos-465858366Whether and how you discuss damages in your opening statement and closing argument is a strategic consideration. A plaintiff discussing damages in the opening may turn jurors off, but not doing so can be a tactical mistake. Defendants usually want to steer clear of damages in the opening if possible. And both sides should discuss damages in the closing, but maybe in a different order.

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Civil Litigation Discovery Legal Topics Personal Injury Tort Law

Deposing the Doctor: Why Do It and How Much Will It Cost?

ThinkstockPhotos-79085832In cases in which there are medical issues, you’ll need to decide whether to depose the treating physician. Here are some considerations to keep in mind as you make this call.

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Business Law Legal Topics

7 Contract Damages Provisions to Bargain Over

break(great for any design)When you’re negotiating and drafting a contract, your client may be excited and focused on the positives, but you have to keep your eye on the dark side, i.e., the consequences of a breach. Consider bargaining over favorable damages provisions—just in case.

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Civil Litigation Legal Topics Litigation Strategy

Show Me the Punitive Damages!

punitive_159103088If you want to get punitive damages for your client, you need to hone your argument to the jury and prepare yourself for common sticking points. And don’t forget to remind the jury of the deterrent effect of punitive damages or, as they say in England, “the sting of the shilling.”

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Employment Law Legal Topics Tax Law

Is the Money You Got in Your Employment Case Taxable?

If you are skilled and fortunate enough to get a nice monetary recovery for your client in an employment case, you need to understand what part of that recovery is taxable. From your client’s perspective, this issue will be critical.

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Business Law Civil Litigation Legal Topics

It’s All in the Recovery

Breach of contract actions are all about recovering money to put the aggrieved party in the same position that it would have been in had the other party fully performed. That’s the goal of filmmaker Michael Moore’s suit against the Weinstein brothers for breach of their Fahrenheit 9/11 contract. And, just a Moore’s attorneys will have to do, when you file a complaint alleging breach of contract, you need to carefully analyze and have proof of your client’s recoverable damages.