What do we mean by "strategic litigation"? Every litigation involves strategy of some sort, and every attorney has their idea of what strategy is appropriate. But as Mike Tyson said, everybody has a plan until they get punched in the face.
Here are some examples of the kind of challenges we help our clients navigate when their cases don't go according to plan:
A preliminary injunction can effectively win or lose your case, even long before the trial. If you are seeking an injunction, we can help you win, and defend it on appeal. And if you are opposing an injunction, we can help you defeat it, or challenge it on appeal, as well as seeking an appellate stay of the injunction.
Related Articles:
A case may be temporarily stayed for a number of reasons, most commonly when an appeal or a bankruptcy is filed. We help many clients understand their rights to stay a case, including whether they need to post a bond, or whether they need to seek relief in the trial court or the appellate court, such as for a writ of supersedes.
Related Articles:
Many attorneys overlook the importance and nuances involved in corporate-representative depositions. When a person-most-qualified is designated to testify for an entity party, that representative has a different role than a typical witness. Make sure your trial team understands the strategic concerns.
Related Articles:
Related Podcasts & Videos:
One common but unexpected way cases get derailed is when the judge imposes issue sanctions, evidence sanctions, or terminating sanctions. We have helped clients avoid these sanctions, and challenge them on appeal.
Related Articles:
Changes in the case, such as through discovery or pleading amendments, could make it worth considering a motion for summary judgment, which could end the case before trial. We help maximize the chances that these motions will succeed and hold up on appeal. And when opposing these motions, we advise on the technical objections available that can save the case from early demise, and to resurrect it on appeal.
Related Articles:
Related Podcasts & Videos:
Trial attorneys have to focus on staying on message to persuade the jury. We serve as embedded appellate counsel to assist with the technical but necessary aspects of trial like preparing motions in limine, jury instructions, and verdict forms, addressing adverse evidentiary rulings, and putting key trial exchanges on the record. And if you are in federal court, grounds for judgment as a matter of law must be raised before the jury is charged, or else they are forever waived.
Related Articles:
Related Podcasts & Videos:
Once the jury hands down its verdict, the trial team needs to start looking at the case with new eyes. Is the jury's verdict consistent with the facts? Is the jury's verdict internally consistent? Are the damages excessive or inadequate? Are there legal challenges that can be raised against the verdict? Many of these challenges may be forever waived if they are not timely raised in a posttrial motion. And even if a posttrial motion is not strictly necessary, previewing the defects in the judgment may favorably position your appeal for settlement.
Related Articles:
Related Podcasts & Videos:
On a trial without a jury, it is critical to timely request a statement of decision. A statement of decision in a bench trial (where the judge decides the facts) stands in for the role of the verdict. Without a statement of decision, there is no record of how the court decided any of the facts. We help the trial team timely request a statement of decision, and ensure the statement of decision hits the key issues to position the case for success on appeal.
Related Articles:
Related Podcasts & Videos:
When a lawsuit raises factual issues concerning the right of free speech or the right of petition, it may be subject to an anti-SLAPP motion. "SLAPP" stands for a strategic lawsuit against public participation. A defendant who brings an anti-SLAPP motion and successfully dismisses or strikes aspects of the complaint is entitled to attorneys' fees. And either party is automatically entitled to appeal the order. We counsel clients and attorneys on anti-SLAPP motions, and avoiding filing pleadings that may be susceptible to anti-SLAPP challenges.
Related Articles:
Voluminous discovery usually involves issues with ESI—electronically-stored information. With a strong technology background, we have consulted numerous clients how to comply with ESI obligations.
These issues in the trial court often come up unexpectedly. Contact Kowal Law Group to anticipate these issues in your case. And remember Justice James Lambden's advice: litigation is not a battle, it's an expedition.
Related Podcasts & Videos:
