Lita and I are in Maui attending the annual International Society of Barristers convention. We arrived last Friday. I attend the morning talks and we drop in to the social affairs, but are really just relaxing after the trial. So, here are some random observations so far The first night we attending a welcome cocktail party and were introduced to a couple from Washington D.C. He told us that he had worked for the CIA for some six years and…
After 5 weeks of trial and four days of deliberation the jury delivered it’s verdict for $40,100,000 for the family as well as a verdict of damages for the hospital where the heart by pass surgery took place. It correctly found that the Edwards Life sciences Corporation should be punished and an example set. It reviewed the massive amount of exhibits and considered the weeks of testimony during a careful consideration of the case before deciding the result. This is…
Reporter Charles Hanley has written a fascinating story about a WW II incident that is worth repeating. Fred Hargesheimer, who is now 91 years old was a 27 year old pilot in the Southwest Pacific during WW II. On June 5, 1943 he was flying a photo reconnaissance mission when suddenly a Japanese plane approached from the rear with bullets firing. The left engine on his plane burst into flames & quit. He yanked on the release but the canopy…
Our jury has been deliberating on our case for 3.5 days and comes Monday to resume deliberations. It is the most difficult part of a trial. But, perhaps an even more difficult part of a trial is the period between their walking out of the jury room to disclose their verdict. You search their faces to see if you can read the expression. If they are sullen looking, won’t look at you or your client and some appear to have…
Back in April, the U.S. Supreme court was faced with the issue of whether the EPA had authority under the Clean Air Act to regulate tailpipe emissions of greenhouse gases. It was a hotly contested case because the EPA, instead of being the public watch dog, had become the Bush White house family lapdog. It took the position it had no authority to monitor the issue so it would not have to take action on an issue opposed by the…
I’m just reporting in. After more than five weeks of trial and one and half days of argument the jury began deliberations on this case. It’s my intention to resume my rambling’s in this blog. However, keep in mind that if the verdict is not favorable I’ll blame my partners and if it is favorable I’ll take full credit. Send positive thoughts.
We’ve finished our fourth week and start the 5th week of trial Monday. We’ve already lost a couple of jurors for different reasons and are into our alternates. I expect the trial to finish this week. I had the pleasure of cross examining the CEO of the defendant corporation last Friday. A most interesting experience. I thought for awhile it was going to be a scene from the movie A Few Good Men where the witness finally has had enough…
We have finished our third week of trial and start the 4th Tuesday. It’s going to go at least a month. Here are articles if you want to read about the case. Stay tunned for a regular posting after the trial. http://www.heraldnet.com/article/20080211/NEWS01/349675452 http://www.heraldnet.com/article/20080214/NEWS01/516505630#Jury.told.how.faulty.device.changed.lives
I am in my second week of a lengthy jury trial in Everett involving a man whose heart was burned so badly he had to have a heart transplant. It happened because a monitoring device had a design defect that malfunctioned during the surgery resulting in an over heating unit inside the heart. The company, on the eve of trial, finally conceded it was responsible, but insists the hospital is also at fault. A jury will have to determine the…
While reading my Bible today I reflected on several passages. Two of them, from St Paul, have excellent advice about the importance of attitude. How we view things is, after all, our reality no matter what the real facts might be. That is the essential difference between an optimistic attitude and one of a pessimistic person. Here’s what Paul says: "Be made new in the attitude of your minds." (Ephesians 4:23) and "Be transformed by the renewal of our mind."…
