january 2018 bar bulletin
By Blake Marks-Dias
Employment discrimination cases are increasingly getting past summary judgment and into trial. Too often, the defense focuses primarily on what the company did or did not do. This narrative plays right into the plaintiff’s hands. The more the jurors talk about the company’s actions (or inaction), the more opportunity for them to pick the company apart. A winning strategy requires the defense to change the narrative, in subtle and respectful ways, leading the jury to instead focus on the plaintiff’s conduct.
Employment Cases Must Be Prepared for Trial
Legal scholarship of the last 20 years has bombarded readers with reminders that trial, and...