Forgive me for laughing hysterically at the concept of the City of Seattle owning up to its brutalization of peaceful protesters. As was just recommended by the 4th Sentinel Review - the City supported investigation and look back at the SPD’s response to the George Floyd protest season.
Read MoreJudge Oishi begins the arraignment: The defense has filed a motion to prohibit media from filming the defendant.
Defense counsel rises and makes his case for why the cameras should not alight upon his client. This is in the form of a type of opening statement.
Read MoreThe jury renders its verdict. The media covers the story. The public sees the headlines. It looks like the case is over.
But no.
The 40 injured victims who have waited three and a half years for justice. Are still waiting.
Because Ride the Ducks International/its insurance companies have more legal moves to make.
Motion number one: Demand a new trial with a different judge.
Read MoreI delegate the job of arguing legal motions and jury instructions to Andrew Ackley. He has this chore most days after trial and several full working days. At first sit at counsel’s table and watch him. But as the trial progresses, as soon as the trial day ends - bolt out of the door. Do not have the bandwith to listen to the tortuous exercise of compiling jury instructions nor the constant barrage of motions. Andrew is excellent. By dividing up these responsibilities can give full attention to preparing for the next trial day.
Read MoreIn its third motion for protective order my least favorite tourism company asks the court yet again to stop the plaintiff from filing motions in the public court file. Instead they want a special rule that requires us to give them five days notice before we can file a document so they can bring a motion asking the court to seal it or block us. Kind of like an early warning anti-missile system. We must tell them before we launch then they try to shoot us down before the paperwork can hit the courthouse file.
Read MoreA tree branch scratched the lower part of my left upper arm last summer when I capsized a kayak. The wound stung. Swelled into a welt. But didn't bleed. Almost a year later there is definitely a scar still there. My real skin is getting thinner with age. My mental skin is not.
Read MoreThe movie gift that just keeps giving - is the showdown between Tom Cruise and Jack Nicholson in A Few Good Men. That moment on the witness stand when Jack defiantly declares his magnificence. Gets up to leave. And Tom says - sit back down. And Jack has to. Because he's in court.
Mr. T, as you may recall , gave a rather similar performance in deposition last month. And then some. Because no judge was present.
Read MorePick up mom from Shoreline. It is 58 degrees out and she is in a faux fur black maxi coat with brass buttons. She bought it for $25. Half off at the consignment store. Brand new from Sears.
Take her to late lunch at Din Tai Fung University Village. Hour and a half wait. Meet up with my brother Greg and his wife Laurie. We say forget it. Go to Boom Noodle. Eat lunch. Not as good as Din Tai Fung but quicker. Greg and Laurie take Nala for doggie sitting play date. I drive with mom to the movie theater at The Landing in Renton. My sister Jenny pulls up. Out jump her boys Ben and EJ. We eat popcorn and watch Paddington Bear. Quite delightful.
Read MoreDriving while high is now being used as a sword by the insurance companies of bad drivers who cause crashes.
Let's say you live in a state where pot is legal. You get high on a Sunday evening with a group of friends in your own home. On Thursday, you are driving down a road and someone runs a red light. You had a green light. The bad driver tells the officer that you look high. The officer doesn't see anything unusual but asks you to take a blood test. Carboxy-THC shows up. You are ticketed for driving under the influence. Until a prosecutor looks at the blood work and realizes there's no case. At which point the charges are dropped
Read MoreThe betrayal via rudeness by a former associate was not just a story. It was part of a case.
I said: we will not go forward on a deposition until the court rules on a pending a motion for protective order. He responded by threatening to seek terms against me. So we (Garth) filed a motion to expedite the protective order hearing.
Read MoreNow that marijuana has been decriminalized in Washington state, issues are going to arise about driving under the influence. Unlike alcohol which only transiently stays in the body and can be detected with various tests, the detection of marijuana is a bit more complicated.
Read MoreDefense attorneys go to legal seminars too. One technique they have been learning is how to take advantage of liberal discovery rules. Increasingly we find them invading where they have no business being.
We can passively let them dig unnecessary holes in our clients' lives. Or we can push back when they cross lines.
Read MoreThe dreaded motion has arrived. The defense has moved to prematurely dismiss your client’s case on some legal technicality. Even though you’ve probably seen this coming, your first instinct is to panic. Then you devour the entire motion. Get mad. And attack it point by miniscule point. Smoosh it to smithereens – at least in your own mind.
The defense wants you to be reactive to a motion for summary judgment in just this way. This means you will fight the battle on their turf. You will be defending your case (instead of prosecuting it). You will be focusing the judge on what the other side says is important.
Read MoreToday is our last day to file motions. For the third time since the trial has been continued twice. Motion after motion, instructions, declarations, orders, notes. We have been working like crazy to get them all done. Garth and I have been doing all the briefing. Anne and Jody are scrambling to format and get everything filed.
Read MoreA. This is the polite way I have to fight defendants who move the court to dismiss my client's case. (Page 1 of 15).
In a chain reaction freeway collision, both defendants admittedly rear ended the vehicles in front of them. They claim they are neither negligent nor a proximate cause of injuries to Mr. F who was smashed in between them.
Read MoreAm heading out on a plane tomorrow to fight this in court. The young woman is 21. The defense pulled all of her public social network postings a few years ago. Recently they tried to grab more stuff off the sites but encountered privacy settings.
We bring a motion to prevent "an unnecessary additional fishing expedition into her private life." The defense says - this information could be relevant so it has to be produced.
Read MoreThe defendant doctors want this LAP band surgery case thrown out of court before a jury ever gets to hear about it. So they file four (4) separate summary judgment motions all with response due dates on the day following return from New Year's break.
Read MoreTwas the night before the holidays
And what does the defense do
Why - file summary judgment motions of course
In this particular case - two
Read MoreOnce upon a time, it was normal for trial lawyers to argue motions several times a week. We used to sit in courtrooms for hours, drinking in the atmosphere, listening to our colleagues and adversaries present their positions, waiting for our cases to be called. We learned which tactics worked, and which did not.
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