Articles
Strobel v. Johnson & Johnson: Got a Hearsay Problem? Don't Give Up ...
Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. And like any legal doctrine, spotting the key issue is essential—even if it's not the most obvious. There's reference to an out-of-court statement? Many lawyers jump straight to a hearsay analysis. But with hearsay having so many exceptions, the most obvious objection may not be the most effective. What about relevance? What about foundation?
...This Land is Your Land ... Actually, this Land is My Land (Because My Dad Told Me)
When it comes to hearsay, one method of spotting objectionable hearsay is to consider whether the probability of the evidence being true (or not true) turns on the credibility of someone who cannot be cross-examined. As Justice John Marshall wrote in Queen v. Hepburn, 7 Cranch 290, 296 (1813), "[i]ts intrinsic weakness, its incompetency to satisfy the mind of the existence of fact, and the frauds which might be practiced under its cover, combine to support the rule that...
To Examine Or Not To Examine Your Client At Deposition? That is a Question?
When it comes to party depositions, they are typically one-sided affairs. The adverse party notices the deposition, asks a slew of questions, and that, almost always, is that. Asking questions as the defending attorney feels like an unnecessary risk. Especially if the deposition has gone reasonably well, prolonging the affair by asking your own client questions seems foolhardy. It feels a little like "just stopping by" the roulette table after a reasonably good night of Blackjack. Sure you...
Riffing on Rifkind: Handling The Improper "Instruction Not To Answer" At Depositions
There is no referee in pickup basketball. The result? There is invariably more traveling. No one gets called for three seconds in the key. And if the teams cannot self-regulate themselves, "aggressive" defense soon means broken noses and bruised elbows.
Depositions are like the nerd version of pickup basketball. Without a judge regulating the proceedings, quarrels about what questions are or are not objectionable can spiral downward with maturity and poise being among the dispute's...
Impeachment Basics: The ABCs of Challenging Witness Credibility
When questioning witnesses, the principle of impeachment simply means the introduction of evidence that may cast doubt on the credibility of the witness or the validity of the testimony. There are countless ways to impeach a witness. California Evidence Code section 780 identifies the most common methods, but they are expressly non-exhaustive: “[T]he … jury may consider in determining the credibility of a witness any matter that has any tendency in reason to prove or disprove the...
Uber's Not So Good (and Nonprivileged) Investigation Report
As Uber and Waymo start trial over Uber's alleged theft of Waymo's self-driving technology, Uber will have to deal with an exhibit it never wanted Waymo to see—a third party report investigating various wrongdoing by the very employees Waymo accuses of various wrongdoing. Uber contended the report could be withheld from discovery. The Court decided otherwise and ordered its production.
Waymo—once a Google project and now an Alphabet subsidiary—sued...
David Sugden
Dave is a business trial lawyer who is an ABOTA member and has been recognized from 2020 - 2023 as one of the “Top 50 Super Lawyers in Orange County,” and previously recognized by California’s Daily Journal as one of “California’s 20 Top Attorneys Under 40”.
He has represented business entities both as a plaintiff and defendant throughout the country.
Recent Posts
