Posts tagged motion
Post Trial Motion: Ride the Ducks International Wants a New Trial and a New Judge

The 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.

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Your Honor: We object to ...the lego wall

I 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.

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Dear Judge: Can you PLEASE muzzle that woman...and the press

In 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.

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If at first you don't succeed...The Tale of Mr. T part 2

The 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.

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The origins of my initials and an updated motion to permit skype testimony at trial

Pick 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.

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Playing the "pot" card against an innocent driver

Driving 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

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How to defeat a motion for summary judgment

The 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.

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How to prepare for trial and have a dinner party with Bryce, Dana & Jean

Today 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.

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How to bite tongue and pound a hammer

A.  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.

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Dear Judge - don't give the defense lawyers her Facebook account

Am 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.

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Oral motions argument

Once 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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