Why cities should outlaw ancient mad max duck vehicles
Following the amphibious duck boats fiasco in Seattle 2016, our trial work was able to bankrupt the local Ride the Ducks company. We forced both it and the national manufacturing company in Branson Missouri out of business. https://www.stritmatter.com/results/landmark-trial-seattle-ride-the-ducks-aurora-bridge-disaster/.
But alas. Those amphibious mad max contraptions continue to exist.
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Waiting for a judge again
We were supposed to try this case in December.
It was bounced to January. We were supposed to try it then. But it went on standby.
I went to Hawaii to wait it out. Three weeks later no trial date in sight. By then we’d forfeited nonrefundable expert fees of over $10K. And can you imagine how the client felt. Waiting for a date. Day by day.
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A trip to Hawaii in the middle of trial and other sleep deprivation stories.
We finish the first week of the jury trial which is really the third week. The actual first week Darcy and Mo argues trial motions. The actual second week we select the jury. Now we have completed Monday through Thursday (the judge handles criminal calendar on Friday).
The second the judge dismisses us for the day and the jury has dispersed, grab backpack and run to the restroom. Take off court clothes. Put on leggings, long t and hoodie. Jam the rest back into the backpack. Run back to courtroom.
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The incredible beauty of a blue sky insurance letter
he first time I experienced a “blue sky” letter was in 2003. My friend Bill Bailey, a PI lawyer who I taught law school with, needed a miracle. His client, a young girl, had been the back seat passenger in a car that was speared by another. The girl sustained massive head and facial injuries from the direct hit. The driver had low policy limits.
Bill sent me the case because he was at his wits end and wanted me to “think outside of the box.” I decided to sue the school for allowing the girl to be driven by a friend’s mother without written permission. It was a slim case. But sometimes cases get better.
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Trial prep: anticipating the enemy
We are going to trial again. Against my nemesis. R.L.
The last time was a five week trial in the fall of 2022. We thumped him hard. He deserved it. I’ll never forget watching the sneer get wiped right off his face as the judge read the jury verdict. Three and a half years later his clients are still trying to appeal it.
And so we face off again. Nothing has changed
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The Velvet Hammer Podcast Version 2.0 with Mo Hamoudi
The Velvet Hammer Podcast (TM) was becoming not exactly a chore. And not exactly a bore. But it was destined to either dry up and wither away slowly. Or it needed a major redo.
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The aftermath of a crappy $6M wrongful death verdict.
We are all gathered. Back in the courtroom. Two and a half hours after closing ended. The presiding juror has handed the verdict up. The judge has read it. Trying to keep face unreadable. Hands it to the bailiff. Who reads it.
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Trials and babies
On Tuesday mediation failed which means the wrongful death trial will start August 19. Before my mind switches to battle mode, another thought fills my mind. And that thought turns to feelings. And those feelings begin to spread throughout my body. And then I cry.
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Voir Dire zoom from Hawaii
Postscript: this is from my trial diary of prophylaxis class action against seattle children’s hospital.
Trial day 3
6:00 Cockadoodle doo. Wake up.
6:25 Get up and make bed.
6:45 White T. tan lulu shorts. Pink crock slides. Pink sweater jacket picked up over the weekend once decided to stay another week.
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Trial diary excerpt and the Protest case settles.
We settled the protest case for $10M the day before. Actually it had been lingering for a week since the mediation. When the city agreed to a deal then two stepped before refusing to put it in writing. Double crossers.
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Actor v. Non Actor. Thoughts on a celebrity trial
Trial is high drama. And never more so than when a celebrity is involved. In the latest courtroom spectacle a retired optometrist takes on an Oscar award winning actor now lifestyle guru. Is this trial about the judge - no; the lawyers - no; the witnesses - nope. It is all about Gwyneth and the Dr. And no matter which side you rooted for, there are several universal truths which are self evident.
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Trial Diary Day 14: McNamara v. Nessl wrongful murder trial the end
Lululemon dress day 3 of 5 returns to court. JHB has been outfitted with the big podium and a comfortable stool. The podium is directly between our parallel tables. He would be on top of our clients. I sit below him instead. They move back. Out of the way.
JHB has had all night to prepare. And we all settle in. Judge Kn addresses us. Are we ready. And we both say yes.
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Trial Diary Day 13: McNamara v. Nessl wrongful murder trial
Not only do we not finish. But am crying again. On the phone with Alysha and Noelle. Making journey back from Ephrata to the hotel in George.
Rewind.
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Trial Diary Day 12: McNamara v. Nessl wrongful murder trial
We don’t finish.
Have packed up the car. Exited the hotel. Am wearing my last court outfit. And we are not going to finish.
Rewind.
Wake up an hour early.Unsettled.Had been working on closing at night.And it still has not all the way come together.Lie there.And let brain bounce wherever it wants to go.There’s a lot of noise involved in this case.Mudslinging.Collateral issues.Family drama.
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Trial Diary Day 11: McNamara v. Nessl wrongful murder trial
J Mc is undergoing cross. Doing well. JHB is attacking her with collateral issues. But they are messy. And mess is always good for the defense. Distracts. Confuses. Brief redirect. Jury questions. There are too many of them. Some of them are pointed. I don’t like them as a whole. JHB is elated. Saying: I agree to all of them with a flourish.
The seesaw of doubt is ever present in trial. My innards flow depending on how everything is tilting. Sometimes perhaps I make it up in my mind. But I’ve done enough trials to know to trust my innards. They feel even when I don’t want them to. Squelch the feeling.
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Trial Diary Day 10: McNamara v. Nessl wrongful murder trial
We are back in court. Judge K enters the courtroom. One of the 90 or so folks watching the trial via Webex is talking about the Supreme Court nominations process. Today is the first day of the confirmation hearings of Ketanji Brown Jackson.
Judge K asks them to mute. They don’t realize they can be heard. Someone else is shuffling something. Judge K asks for help. Leaves. Returns. Gets things under control.
C Mc the son retakes the stand.
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Trial Diary Day 9: McNamara v. Nessl civil murder trial
Pack up. Haul bags to car so can return directly to Seattle after trial. It’s beautiful. Cold. A whisper of ice on the windows. Turn on the defroster. The ice disappears without needing a scrape. We start 15 minutes early.
Before beginning Judge Knodel asks if there’s anything to discuss. Asks about JHB’s health. Apologizes to me for never asking about mine. Chuckle and tell him I’m fine. The judge quotes a line. I can tell right away where it’s from. JHB says: what. And is frowning. What did you say about evil. Judge repeats the quote as JHB’s scowl grows. Judge says: it is a line from scripture. He meant it in a light hearted fashion to address I believe things like poor health. JHB looks exasperated. Judge K deflates.
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Trial Diary Day 8: McNamara v. Nessl civil murder trial
It’s the end of the day. Driving back to the hotel. On the phone with best friend Shellie. Trying to explain what trial is like. And the only word that does it justice is – war. It is war Shellie. In all my years of trying cases, I have never been in a trial like this. Where the defense attorney and I literally detest each other. And it is all playing out in front of the jury. Because the judge is not restraining us at all. JHB is a bully of the highest order. And many years ago my mother taught me what to do about bullies.
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Trial Diary Day 7: McNamara v. Nessl civil murder case
Rain fell last night. The sun has risen. Look through the window over the top of Fatburger. It is a sparkling cool but beautiful blue day in George, Washington.
Today am wearing a flouncy flowered skirt topped with a beige jacket. Hair ruthlessly clipped back. When I was in college one of my favorite tv characters was Veronica Hamel who played an attorney in The Hill Street Blues. I don’t know if there had been a female attorney before on tv – but she was iconic. She had black longer hair which was not stick straight and she wore it clipped back simply. When I pull my hair back it’s like channeling her.
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