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Recent Articles from Paul Mark Sandler
The Speluncean Explorers case: How would you decide?
The year is 4300. Defendants on appeal are convicted of murder, sentenced to hang. They seek reversal from the Supreme Court of Newgarth. (“The Case of the Speluncean Explorers,” Lon Fuller, Vol. 62, Harvard Law Review 616 (1949).) Consider yourself the sixth judge deciding the case. Let’s review the facts: Five men are trapped in […]
How to cross-examine an expert witness
The purpose of cross-examination is to continue to argue — and defend — your case by using leading questions to obtain affirmative answers. The leading question with the desired answer is the key to effective cross-examination of all witnesses, including the expert. It allows you to control the witness and obtain the desired answer most […]
Win more often: Avoid fallacies in your advocacy
A fallacy is a mistake in reasoning. It can undermine your case. Therefore, it is important to examine your own planned written and oral presentations. Also, carefully consider opposing presentations to determine whether they “hold water” or are fallacious. Remember, sound reasoning is at the heart of advocacy; it is the most effective tool of […]
Young attorneys, learn from these mistakes
I shake my head and smile, now at the bar 50 years, at the many humiliating mistakes I have made, particularly as a young lawyer. For me, the saving graces are the lessons I have learned along the way. I would like to share three of them with you. Don’t believe everything your client tells […]
The challenge of the closing argument – a perspective
The purpose of the closing argument is to incite jurors or a judge to render the decision you request. It is not about impressing listeners with your eloquence. According to the apocryphal tale, when listeners heard Demosthenes, they would remark, “What a pretty speech.” After hearing Cicero, they would remark, “Let us march.” A closing […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
