The Great Trials Podcast
GTP Classic: Micha Star Liberty | Denis Le Moullac and Jessie Jewitt v. Daylight Foods, Inc. | $4 million verdict

GTP Classic: Micha Star Liberty | Denis Le Moullac and Jessie Jewitt v. Daylight Foods, Inc. | $4 million verdict

March 8, 2022

This week we're replaying a classic episode where your hosts Steve Lowry and Yvonne Godfrey interview Micha Star Liberty of Liberty Law Office, Inc. (https://libertylaw.com/). 

 

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Episode Details:

Award-winning California trial attorney Micha Star Liberty discusses how she successfully advocated for the grieving parents of 24-year-old Amelie Le Moullac after she was fatally struck by a commercial vehicle while riding in a San Francisco bike lane in 2013. A responsible bicyclist, Amelie wore her helmet and stayed in the designated bicycle lane, but neither action prevented her from being run over by a 13,000-ton Daylight Foods, Inc. box truck, which illegally crossed the bike lane to make a sudden right turn. Amelie died from her injuries, including a fractured skull and crushed torso. Micha Star Liberty helped secure key video footage of the crash from a nearby business security camera after the San Francisco Police Department failed to conduct a thorough investigation, which was later revealed to be part of a larger bias against bicyclists. Despite the defense's attempts to blame Amelie and to depict her as a reckless bicyclist, Micha Star Liberty invoked a California Vehicle Code statute, which underscored the fact that Amelie had the right to remain in her bike lane and treat it as a safety zone in the event of a turning vehicle, which trumped the defense's use of a more general statute. In January 2015, a San Francisco jury ruled that Amelie shared no responsibility in her tragic death, found the driver to be at fault and awarded Amelie's parents a total of $4 million in damages.  

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Guest Bio:

Micha Star Liberty

Micha Star Liberty is the owner of Liberty Law Office, Inc. — a diverse legal practice primarily representing individuals who have suffered a serious injury or abuse, including child sexual abuse. The firm also represents employees who have been discriminated against or harassed in the workplace, and Micha has assisted businesses with finding a common ground when releasing an employee on best terms.

Ms. Liberty is a graduate of the University of California at Los Angeles (UCLA) and the University of California, Hastings College of the Law. She has held the title of President and Vice President of multiple legal and political organizations, expanding her network of associates and resources, which often helps to expedite the legal process for the greater benefit of her clients.

“My clients come to me during a time of tremendous pain, anguish, and often confusion. They need help and a specialized kind of help. Someone to talk to who will listen; someone who can offer confidential protection under the law; someone with trial knowledge who has worked with similar experiences so they know they are not alone. Everyone needs help and compassion during hard times. My calling in life is to be that advocate for my clients, and I’m never one to back down from a fight for what is right.”

Ms. Liberty is a frequent lecturer and published author, focusing much of her public speaking on trial practice, discovery techniques, the importance of mentoring, and best practices for opening a law office and law office management.

In 2015, the Consumer Attorneys of California — an organization made up of more than 3000 lawyers in California alone — presented her with the Street Fighter of the Year award at their 54th annual convention held at The Palace in San Francisco. Ms. Liberty was granted the award after holding the Contra Costa County School District accountable for a child sexual molestation case in which school officials were aware of the abuse and took no action. Every year since 2005, she’s been given the Presidential Award of Merit. In 2005 and 2006 she was presented the Defender of Justice Award and the Outstanding Service Award, respectively. In 2018, she was awarded the Women’s Advocate of the Year Award for her hard work on legislation and for prosecuting numerous cases dealing with the #me too era.

Ms. Liberty was a contributing author and editor for the following practice guides: California Client Communications Manual, and California Basic Practice Handbook, both published by Continuing Education of the Bar.

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Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

Bibi Fell | Kali v. Young, et al | $105.356 million verdict

Bibi Fell | Kali v. Young, et al | $105.356 million verdict

March 1, 2022

This week, your hosts Steve Lowry and Yvonne Godfrey interview Bibi Fell of Fell Law, PC (https://www.fellfirm.com/)

 

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Case Details:

California trial lawyer Bibi Fell, a founding partner at Fell Law, PC and a partner at Athea Trial Lawyers, shares how she successfully represented a breast cancer patient who fell victim to the beliefs and unconventional cancer treatment of a New York Times bestselling author masquerading as a licensed doctor. Plaintiff Dawn Kali was diagnosed with treatable Stage 1 breast cancer and rejected traditional treatment options in favor of the "Father of the Alkaline Diet" Robert O. Young's "pH Miracle" approach, which focused on making the body less acidic and more alkaline. This process involved costly extended stays at Young’s Rancho del Sol in Valley Center, California and expensive intravenous treatments that consisted of little more than baking soda. Unable to pay, Dawn worked for Young in exchange for treatments that were ultimately ineffective. After much time had passed, Dawn went to an oncologist and was diagnosed with terminal Stage 4 cancer that had spread to her spine and femur. At trial, Bibi Fell demonstrated that Young’s "pH Miracle" treatment was neither scientifically nor medically sound. In spite of the defense's claims that Dawn was aware that Young was not a licensed medical doctor and that she was not prevented from seeking conventional medical treatment, a San Diego jury found in favor of Dawn for her claims against Young of intentional misrepresentation, negligent misrepresentation, false promise and negligence. In October 2018, the jury awarded Dawn a $105,356,000 verdict, including $15 million in punitive damages.

 

Click Here to Read/Download the Complete Trial Documents

 

Guest Bio:

Bibi Fell

Bibi represents plaintiffs who suffered catastrophic injuries or the death of a loved one. She is the Founding Partner of Fell Law, PC, in San Diego, California and is a Partner at Athea Trial Lawyers, a nationwide plaintiff’s firm comprised of six prominent female trial lawyers.

Bibi is one of the few women attorneys to have received a verdict over $100,000,000.00 as lead trial counsel. Bibi is a National Board Member for the American Board of Trial Advocates (ABOTA). Membership is extended by invitation only to lawyers who have demonstrated extensive trial experience, civility and professionalism. In 2018, Bibi was one of three finalists for Consumer Attorneys of California’s “Consumer Advocate of the Year,” Consumer Attorneys of San Diego’s “Trial Lawyer of the Year” award and received the “Outstanding Trial Lawyer” award and “Outstanding Advocate” award from Consumer Attorneys of San Diego. In 2020, she received the “Trial Lawyer of the Year” award from Pepperdine Law School. Bibi has also been selected to be a member of Lawdragon 500, The National Trial Lawyers: Top 100 Trial Lawyers, the Daily Journal’s Top 100 Women Lawyers, and has been selected as a Top 50 San Diego Superlawyer and Top 25 Women Superlawyer.

Bibi gives back by teaching Advanced Trial Advocacy at the USD Law, serving as the program director for the National Institute for Trial Advocacy’s Pacific Deposition Skills program, and teaching trial skills through NITA around the country and internationally. Bibi devotes her time to serve as a “Parent Partner” to parents of children newly diagnosed with Hepatoblastoma, a malignant liver tumor found in young children.

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Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

Jim Gilbert | Dzemila Heco v. Johnson Controls, Inc. | $43.1 million verdict

Jim Gilbert | Dzemila Heco v. Johnson Controls, Inc. | $43.1 million verdict

February 22, 2022

This week, your hosts Steve Lowry and Yvonne Godfrey interview Jim Gilbert of The Gilbert Law Group, PC (https://www.thegilbertlawgroup.com/)

 

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Case Details:

Jim Gilbert, the founder of Colorado's The Gilbert Law Group, PC and former national chairman of the Attorneys Information Exchange Group, shares how he successfully represented Bosnian War refugee Dzemila Heco after she suffered life-altering injuries due to a defective seatback. In August 2007, Dzemila's 2000 Dodge Neon was rear-ended by another car at a stoplight in Vermont. Dzemila, who was wearing a seatbelt at the time of the accident, should have been able to walk away from this minor traffic accident, but her seatback collapsed on impact, causing her to sustain a neck injury that rendered her a permanent quadriplegic in need of round-the-clock care. In today's new episode, learn how "Lawyer of the Year" honoree Jim Gilbert held the seatback manufacturer, Johnson Controls, Inc., responsible for their defective design. Jim discusses how he used expert testimony as well as Johnson Controls, Inc.'s own testing and internal documents against them, including Johnson Controls, Inc.'s 1998 patent filing that stressed the disadvantages of a single-sided recliner. Two years after filing, the same single-sided recliner was implemented in the design of Dzemila's 2000 Dodge Neon. In spite of the defendant's claims that the seat in Dzemila's car met Chrysler's requirements and exceeded government and industry safety standards, the Chittenden County, Vermont jury found the seat to be defective. In June 2013, the jury awarded Dzemila a groundbreaking $43.1 million verdict, the largest jury verdict in the state of Vermont at the time. 

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Guest Bio:

Jim Gilbert

A 1968 graduate of New York University Law School, James L. Gilbert is the owner of The Gilbert Law Group, P.C. an Arvada, Colorado law firm.  The firm specializes in product defect litigation, primarily automotive and truck products.  He now has over 45 years of experience litigating complex cases against some of the world’s largest corporations.  Jim Gilbert was voted 2019 Lawyer of the Year in Colorado.

Highly skilled and comfortable in the courtroom, Mr. Gilbert has received a number of favorable jury verdicts. His work involving defective aftermarket windshield installations, including a $6,100,000 jury verdict against an aftermarket installer, was chronicled in a cover story in Lawyers Weekly entitled "Personal Injury Cases That Made a Difference." Jim Gilbert has obtained many eight-figure jury verdicts including $35,000,000 (California) awarded in a conversion van case, $17,500,000 (Colorado) awarded in a seatbelt case, $43,500,000 (Vermont) awarded in a seatback failure case, and most recently $52,000,000 (Colorado) in a seatbelt failure case. 

Mr. Gilbert is a frequent lecturer and member of the Inner Circle of Advocates, an invitation-only group with membership limited to 100 lawyers. He is an invited fellow in the Society of Trial Lawyers, a fellow in the International Society of Barristers, is listed as a Top 100 in the National Trial Lawyers Organization, and is listed in Best Lawyers in America and several other national organizations.  He was the national chairman of the Attorneys Information Exchange Group for 15 years.

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Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

GTP Classic | Natalie Woodward | Robert Richard Lucas v. City of Braswell et al. | $1 million verdict

GTP Classic | Natalie Woodward | Robert Richard Lucas v. City of Braswell et al. | $1 million verdict

February 15, 2022

This week, we’re replaying a classic GTP episode where Steve Lowry and Yvonne Godfrey interview Natalie Woodward of of Jordan Woodward Cathey (http://thetrial.attorney/).

 

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Episode Details:

Jordan Woodward Cathey founding partner Natalie Woodward discusses how she secured justice for the former Chief of Police for the City of Braswell, Georgia after he was falsely arrested and maliciously prosecuted by the Mayor, City Manager and subsequent Chief of Police for the City of Braswell over a reimbursement dispute. In 2007, Robert Richard Lucas was initially told by the Mayor that he would be reimbursed for the purchase of used vehicles for the police department, but after five months of waiting, the Mayor and City Manager informed Robert that they considered the vehicle to be a non-reimbursable donation to the City. Unable to reach an agreement, Robert resigned as the Chief of Police and took possession of the vehicle, as the title was still in his name. The City of Braswell reported the car stolen and continued to pursue criminal prosecution with a warrant for Robert's arrest, despite a neighboring county officer's determination that the vehicle ownership dispute was a civil matter. Robert was unjustly placed in a holding cell with criminals who were likely well aware of his previous law enforcement position. In spite of the defense's attempts to utilize a reimbursement check that didn't materialize until after the lawsuit was filed, trial lawyer Natalie Woodward emphasized the lack of proper procedure and Georgia Bureau of Investigation involvement. In 2010, a Rome, Georgia jury returned a verdict in favor of Robert, awarding $1 million in compensatory and punitive damages against the defendants.

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Guest Bio:

Natalie Woodward

Anyone who meets Natalie Woodward feels like they have known her their entire life. It is this ability to put people at ease that makes her such an effective trial lawyer. In 2010, she tried her first jury trial as lead counsel in a wrongful arrest case and secured a $1 million verdict which is the largest verdict of its kind in Georgia history. In 2021, she was interviewed about this trial.

Her cases have made international and national news including her fight to protect the rights of children on social media. In 2014, she argued before the Georgia Court of Appeals to obtain increased protection for children targeted on social media. Natalie has also led the fight to secure justice for victims of childhood sexual abuse.

Natalie is a proud native of Powder Springs, Georgia and is a venerable “Double Dawg.” She received undergraduate degrees in Journalism and Political Science from UGA and then graduated from UGA Law in 2002. While in law school, she as a member of the 2001 Champion Intrastate Moot Court Team, President of her Second Year Class and Chair of the Moot Court Board.

Natalie serves on the Executive Committee for the Georgia Trial Lawyers Association and the Bench and Bar Committee of the State Bar of Georgia. She has been recognized by her peers as one of the best lawyers in the State for the past six years and was selected as one of the Best Young Lawyers in Georgia by Atlanta Magazine.

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Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

GTP Classic | Kalpana Srinivasan and Max Tribble │Title Source, Inc. v. HouseCanary, Inc., f/k/a Canary Analytics, Inc.│$706.2 Million Verdict

GTP Classic | Kalpana Srinivasan and Max Tribble │Title Source, Inc. v. HouseCanary, Inc., f/k/a Canary Analytics, Inc.│$706.2 Million Verdict

February 8, 2022

This week, we replay a classic GTP episode where your hosts Steve Lowry and Yvonne Godfrey interview Kalpana Srinivasan and Max Tribble of Kalpana Srinivasan and Max Tribble of Susman Godfrey LLP (https://www.susmangodfrey.com/)

 

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Case Details:

High-stakes trial lawyers Kalpana Srinivasan and Max Tribble of Susman Godfrey LLP explain how they secured the largest intellectual property verdict in the United States in 2018 in a countersuit against Title Source, Inc., a company providing valuation services to Quicken Loans. Originally, Title Source, Inc. sued Kalpana and Tribble's client HouseCanary, Inc. for breach of contract. HouseCanary filed crossclaims regarding Title Source's allegedly improper use of the data and discovered, via a PowerPoint presentation, that Title Source was violating the rules of its nondisclosure agreement and stealing HouseCanary’s trade secrets to reverse-engineer a competing automated valuation model. After seven weeks of trial, a Bexar County, Texas jury returned a verdict of $706.2 million, including $201.6 million for the value of the trade secrets, and cleared HouseCanary of any allegations of wrongdoing.

 

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Guest Bios:

Kalpana Srinivasan

Ms. Srinivasan tries high-stakes cases for plaintiffs and defendants in courtrooms across the country.  A partner in the Los Angeles office and a member of the firm’s Executive Committee, she has secured significant victories for her clients in antitrust, patent, trade secret, copyright, class action, and other disputes.

Ms. Srinivasan won a $706.2 million jury verdict for client HouseCanary in a misappropriation of a trade secret, fraud, and breach of contract case. As co-lead counsel, Ms. Srinivasan played a crucial role in this landmark win. Read more on the win here or see the case featured in Lawdragon’s feature story, “Revenge of the Hatchlings: How Susman Godfrey Won Almost a Billion Dollars for HouseCanary” or in Law360‘s “How They Won It” series.

Ms. Srinivasan recently obtained court approval for a class action settlement valued at over $100 million with music streaming service, Spotify. The deal resolved claims of copyright infringement. She currently serves as Court-appointed co-lead counsel for a certified class of hundreds of millions of consumers impacted by Qualcomm’s anticompetitive conduct in the sale of chipsets used in mobile devices and its patent licensing practices.

Ms. Srinivasan’s practice includes pursuing and defending patent infringement actions, including cases involving standard-essential telecommunications patents; gaming and graphics patents; and cybersecurity software.

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Max Tribble

Max Tribble, serving as lead counsel, secured a jury verdict of $706.2 million for client, HouseCanary in a misappropriation of trade secret, and breach of contract case related to HouseCanary’s innovative technology for valuation, appraisal, and real estate analytics. At the conclusion of the seven-week trial, a 12-person jury found unanimously in favor of HouseCanary, awarding HouseCanary $706.2 million against Title Source, an affiliate of Quicken Loans, on counterclaims in this high-stakes legal battle.  

The award was finalized in October 2018 and in 2019, a judge confirmed the jury award in full and allowed a judgment of more than $740 million (including prejudgment interest and attorney fees) to stand.  This landmark win has been featured as a top story of the week by Texas Lawyer and covered by The Wall Street Journal, Bloomberg, Dallas News, and Law360. It was also featured on Law360’s “How They Won It” series and was highlighted in Susman Godfrey’s recent “Intellectual Property Practice Group of the Year” recognition by Law360.  

Lawdragon profiled the win in their feature story, “Revenge of the Hatchlings: How Susman Godfrey Won Almost a Billion Dollars for HouseCanary” and National Law Journal named Tribble a Winning Litigator (ALM) for this win. The verdict also appeared at number one on Texas Lawyer’s 2019 Intellectual Property Hall of Fame. Read more about the case here.

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Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

Derrick Alexander Pope │Hidden Legal Figures Podcast Collaboration │The City of Memphis v. Martin Luther King, Jr. et al.

Derrick Alexander Pope │Hidden Legal Figures Podcast Collaboration │The City of Memphis v. Martin Luther King, Jr. et al.

February 1, 2022

This week, your hosts Steve Lowry and Yvonne Godfrey interview Derrick Alexander Pope of Hidden Legal Figures (https://www.hiddenlegalfigures.com/).

 

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Episode Details:

Hidden Legal Figures Podcast host Derrick Alexander Pope returns to discuss what proved to be Civil Rights leader Martin Luther King, Jr.'s last legal stand and how its historical significance continues to impact protests to this day. In February 1968, more than 1,000 African-American sanitation workers in Memphis, Tennessee, went on strike after two black sanitation workers were killed on the job. A local pastor invited King to help the protestors nonviolently strike for job safety, better wages, benefits and union recognition. On March 28, 1968, King and other protestors peacefully marched through Memphis until violence broke out and looting took place, resulting in numerous injuries, arrests and the calling of the National Guard. Unhappy with the unwanted attention his presence and participation brought, the City of Memphis sued King and his Southern Christian Leadership Conference associates, including Hosea Williams, James Bevel, James Orange, Ralph Abernathy and Bernard Lee. On April 3, 1968, U.S. District Court Judge Bailey Brown issued a temporary restraining order against King as part of the city's attempts to thwart the next planned march. On today's special collaborative episode with the Hidden Legal Figures Podcast, Derrick Alexander Pope shares how King's lawyers Mike Cody and Lucius Burch sought and secured a compromise with the City of Memphis, which resulted in lifting the restraining order and allowing the march to go on with safety restrictions in place. The night before the compromise was formalized, King was tragically assassinated. 

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Guest Bio:

Derrick Alexander Pope:

Derrick Alexander Pope, who describes himself as a composer and conductor of ideas, is President and founding Director of The Arc of Justice Institute. In this role, he has responsibility for all aspects of its standing initiatives and programs and host of its podcast, Hidden Legal Figures.

Before The Arc, Mr. Pope enjoyed a distinguished career in the public, private, and academic sectors. He has provided counsel to the legislative and executive branches of government at the federal, state, and county level, having most recently served as Chief of Staff in the Office of the Chairman of the Fulton County Board of Commissioners. He is a former Assistant Legislative Counsel to the Georgia General Assembly and former Legislative and General Counsel to the Medical Association of Georgia. During the Obama administration, Mr. Pope was a member of the White House Data Driven Justice Initiative and the My Brother's Keeper Taskforce in 2015 and 2016. In private practice, he has helped protect the inheritance rights of more than 500 families throughout Georgia. Mr. Pope is a former adjunct professor of law at the Georgia State University College of Law where he taught Probate Practice and Procedure.

Mr. Pope has several published works to his credit. He is the author of By the Content of Our Character: A Declaration of  Independence for Colored Folks, Negroes, Black People, and African Americans and Thy Will Be Done: An African American Guide to Estate Planning and the Howard Law Journal article A Constitutional Window to Interpretive Reason: Or in Other Words...The Ninth Amendment. In 2012 teaming with this daughter he released a spoken word CD - The Race Track.

An Atlanta native, Mr. Pope is a graduate of Morris Brown College and the Loyola University School of Law in New Orleans, Louisiana, earning top honors in the Loyola Law Clinic. He is a member of the State Bar of Georgia where serves on three standing committees (Vice-Chair, Communications/Cornerstones of Freedom Program; Advisory Committee on Legislation, and the Editorial Board of the Georgia Bar Journal, and Past Co-Chair of the Committee on Inclusion in the Profession), the Phi Alpha Delta Law Fraternity, the United States Supreme Court Historical Society, and the Alpha Phi Alpha Fraternity, Inc.

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Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

Patrick Arenz | Richard H. Tholen, M.D. v. Assist America, Inc. | $27.8 million verdict

Patrick Arenz | Richard H. Tholen, M.D. v. Assist America, Inc. | $27.8 million verdict

January 25, 2022

This week, your hosts Steve Lowry and Yvonne Godfrey interview Patrick Arenz of Robins Kaplan LLP (https://www.robinskaplan.com/).

 

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Episode Details:

Patrick Arenz of Robins Kaplan LLP shares how he successfully represented Twin Cities, Minnesota plastic surgeon Richard H. Tholen after he was denied emergency medical evacuation by Assist America, Inc. for a severe knee injury, which resulted in an above-the-knee amputation. In April 2015, Richard "Dick" Tholen dislocated his knee on a zipline course in Mexico and attempted to use his American Medical Association membership privilege to initiate Assist America's emergency medical evacuation services, which are available to transport members when an international hospital is unable to meet the U.S. standard for medical care. It took more than 35 hours for a licensed doctor to evaluate Dick's injuries. After multiple conversations with Assist America's medical coordinators and the local hospital's improper use of a hard cast on Dick's soft tissue injury, he was denied transport. Taking matters into his own hands, Dick took a commercial flight back to his Minnesota home and was evaluated by doctors who determined that he had a significant blood clot behind his knee. On May 18, 2015 — approximately one month after he sustained the injury — Dick underwent an above-the-knee amputation. In spite of Assist America Inc.'s attempts to blame Dick for the loss of his leg and misrepresent the facts in a published case study, a U.S. District Court of Minnesota jury found Assist America, Inc. negligent and guilty of breach of contract. In November 2021, the jury assigned $10 million in punitive damages to Assist America, Inc. and awarded Dick a $27,882,915.49 verdict, which was the largest personal injury verdict in Minnesota history. 

 

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Guest Bio:

Patrick Arenz:

In an era of litigators, Patrick Arenz is a trial lawyer. According to IAM, Patrick is an “excellent, thorough, and focused cross-examiner.” He handles high-stakes disputes for a diverse set of clients, ranging from Fortune 100 companies to small inventor-led companies and individuals. His practice focuses on patent and copyright infringement matters, trade secret misappropriation, breach of contract disputes, and business and individual tort cases. He is equally adept at representing defendants, and has handled competitor-versus-competitor patent cases on both sides of the “v.” His cases have garnered media attention from outlets including The New York Times, Star Tribune, and even “The Tonight Show with Jimmy Fallon.” Based on his accomplishments, Patrick was selected for the Minneapolis/St Paul Business Journal’s 40 Under 40 list and the inaugural Bloomberg Law 40 Under 40 list, named a Minnesota Attorney of the Year in 2018, included on the IAM Patent 1000: The World’s Leading Patent Professionals list, and named a Legal Media Group Americas Rising Star 2019 Winner for Best in Litigation: Trial Lawyer. 

Patrick has honed his trial skills in courtrooms across the country and spent his early career working alongside renowned trial lawyers, like Ronald J. Schutz. He has since tried a wide range of cases, including patent infringement, breach of contract, personal injury, and felony-criminal defense cases. In 2021, he served as lead trial counsel in a personal injury case wherein his team secured a $27.8 million jury verdict on behalf of Dr. Richard Tholen, a top Twin Cities plastic surgeon, who endured an amputated leg after Assist America refused to evacuate him for proper medical care. This verdict has been reported as the largest personal injury verdict in Minnesota history. In 2020, he secured a complete victory in an arbitration for celebrity chef, Chloe Coscarelli, and her business entity that restored her 50% ownership in the “by Chloe” restaurant company she founded and was previously valued in excess of $60 million; enjoined the company from selling retail products; and awarded Chloe a $2.2 million in attorneys’ fees and costs. He also obtained a final judgment in excess of $2 million in favor of his client following a jury verdict against a former employee accused of misappropriating confidential information. In 2016, he tried a breach of license dispute over unpaid royalties, and obtained a $5.7 million verdict that settled on appeal for $13.5 million. Many of Patrick’s cases have resolved successfully before trial, driven by his preparation and readiness for trial. 

Patrick is also adept at handling high-stakes appeals. He has argued at the Eighth Circuit, Ninth Circuit, Federal Circuit, and Minnesota Supreme Court and Court of Appeals. In 2020, for example, Patrick obtained a reversal and remand from the Eighth Circuit in Tholen v. Assist America, in which Patrick also serves as trial counsel for Dr. Tholen in his defamation claim. In 2021, Patrick achieved a reversal and remand from the Minnesota Court of Appeals in Smits v. Park Nicollet, finding a triable issue in a wrongful death action over Park Nicollet’s duty to provide reasonable medical care to its mental health patient and his family.

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Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

GTP Classic | State of Alabama v. Martin Luther King, Jr. | Derrick Alexander Pope | Hidden Legal Figures

GTP Classic | State of Alabama v. Martin Luther King, Jr. | Derrick Alexander Pope | Hidden Legal Figures

January 18, 2022

This week, in celebration of Martin Luther King Day, we're replaying one of our favorite interviews with Derrick A. Pope of The Arc of Justice Institute (https://onthearc.net/).

 

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Episode Details:

In honor of Martin Luther King, Jr. Day, Hidden Legal Figures Podcast host Alexander Pope returns to discuss the landmark 1956 case against Civil Rights activist Martin Luther King, Jr. for his role in the year-long Montgomery, Alabama Bus Boycott and violation of a 1921 anti-boycott law. An example of white Alabama officials' effort to use the courts to quash the Civil Rights Movement, the trial began with numerous attempts by prosecutors to identify King as the official leader of the boycott. King's legal team countered by trying to establish "just cause" or "legal excuse" for the boycott, with 31 witnesses sharing their first-hand experiences with abusive bus drivers and reasons for participating in the boycott. In spite of these moving statements, Judge Eugene W. Carter found King guilty of violating the anti-boycott law and fined him $500 plus an additional $500 in court costs. King's appeal was rejected, and he later paid the fine. 

 

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Guest Bio:

Derrick Alexander Pope:

Derrick Alexander Pope is President and Managing Director of The Arc of Justice Institute. In his role, he has responsibility for its standing initiatives and programs, including hosting its podcast, Hidden Legal Figures.

Before The Arc, Mr. Pope enjoyed a distinguished career in the public, private, and academic sectors. He has provided counsel to the legislative and executive branches of government at the federal, state, and county level, having most recently served as Chief of Staff in the Office of the Chairman of the Fulton County Board of Commissioners. He is a former Assistant Legislative Counsel to the Georgia General Assembly and former Legislative and General Counsel to the Medical Association of Georgia. During the Obama administration, Mr. Pope was a member of the White House Data-Driven Justice Initiative and the My Brother's Keeper Taskforce in 2015 and 2016. In private practice, he has helped protect the inheritance rights of more than 500 families throughout Georgia. Mr. Pope is a former adjunct professor of law at the Georgia State University College of Law where he taught Probate Practice and Procedure.

Mr. Pope has several published works to his credit. He is the author of By the Content of Our Character: A Declaration of  Independence for Colored Folks, Negroes, Black People, and African Americans and Thy Will Be Done: An African American Guide to Estate Planning and the Howard Law Journal article A Constitutional Window to Interpretive Reason: Or in Other Words...The Ninth Amendment. In 2012 teaming with this daughter he released a spoken word CD - The Race Track.

An Atlanta native, Mr. Pope is a graduate of Morris Brown College and the Loyola University School of Law in New Orleans, Louisiana, earning top honors in the Loyola Law Clinic. He is a member of the State Bar of Georgia where serves on three standing committees (Vice-Chair, Communications/Cornerstones of Freedom Program; Advisory Committee on Legislation, and the Editorial Board of the Georgia Bar Journal, and Past Co-Chair of the Committee on Inclusion in the Profession), the Phi Alpha Delta Law Fraternity, the United States Supreme Court Historical Society, and the Alpha Phi Alpha Fraternity, Inc.

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Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

Don Keenan | Bartholomew v. Zurbrugg, M.D. | $13.75 million verdict

Don Keenan | Bartholomew v. Zurbrugg, M.D. | $13.75 million verdict

January 11, 2022

This week, your hosts Steve Lowry and Yvonne Godfrey continue their interview Don Keenan of The Keenan Law Firm (https://www.keenanlawfirm.com/). 

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Episode Details:

Known as a tireless advocate for children and a fierce trial lawyer, Don Keenan of The Keenan Law Firm discusses how he used an innovative causation strategy to successfully represent the family of an infant who sustained a permanent brain injury as a result of her pediatricians' negligence. Sally Bartholomew was born healthy, but three weeks later, she was diagnosed with bronchitis, pneumonia, conjunctivitis, and an upper respiratory infection. On January 16, 1995, Sally appeared to be turning gray and her Hilton Head Island, South Carolina pediatrician instructed Sally's mother, Carol, to drive the baby to a hospital in Savannah, Georgia. In route, Sally stopped breathing, and Carol administered mouth-to-mouth resuscitation until EMTs could arrive. Sally's brain was without oxygen for an extended period of time, and she suffered a traumatic brain injury that continues to limit her quality of life and capabilities to this day. Acclaimed trial lawyer Don Keenan explains how he immediately connected with the Beaufort County, South Carolina jury by beginning his opening statement with the story of Carol's traumatic drive to the hospital and simplified his presentation from a PowerPoint to pen-and-paper exhibits to better appeal to an older jury. This is the first recorded case where causation was the initial focus, meaning that Don demonstrated what caused Sally's brain injury before proving the doctor's liability in failing to prepare for the worst possible outcome. After a three-week trial, the Beaufort County, South Carolina jury returned a verdict of $13.75 million in favor of the plaintiff, resulting in the highest medical malpractice verdict in the state at the time. 

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Guest Bios:

Don Keenan:

During his forty years specializing in catastrophic injury and wrongful death cases, Mr. Keenan has secured over 381 verdicts and settlements over $1,000,000, including 15 over $10,000,000 and one over $100,000,000. Mr. Keenan has dedicated his practice to child injury and wrongful death cases arising from medical negligence, products liability, and premise liability, with the goal of making our society safer for children.  He has handled cases in 47 states and on three continents.

Mr. Keenan strongly believes that our duty does not end when we secure justice for the child and family. Equally important is learning from the prevention lessons of the case and formulating a public awareness campaign to help prevent future injuries and deaths and when necessary, push for legislation and regulations. He calls this unique approach to law the One-Third Solution: one-third litigating the case, one-third public awareness on the prevention and one-third pushing for regulations and legislation. Examples of his One-Third Solution are the Playground Safety Project being featured on the Today Show for the past three years, The Toy Safety Campaign profiled in USA Today and Good Morning America. The Imagine Magazine Summer 2005 issue featured Don Keenan and his One-ThirdSolution as did Mercedes Momentum Magazine in winter of 2004.

In 1992, he became the youngest National President of the American Board of Trial Advocates and during his tenure, led a delegation of lawyers to Czechoslovakia and later was invited to Russia to produce the first civil trial in the history of those two emerging democracies. In 1997, he became National President of the Inner Circle of Advocates, the most exclusive group of trial lawyers in the country. In 1999, he was given the prestigious Chief Justice Award for Civility and Professionalism, the highest award possible for a lawyer in Georgia. He now serves on the Advisory Committee for the National Judicial College in Reno, Nevada, which trains the majority of new judges in the United States. In 1990 and again in 1992, he was named Trial Lawyer of the Year.

Don successfully handled the 1980’s U.S. Supreme Court case of Kathy Jo Taylor which was the first case in United States history to establish due process rights for foster children. Again in late 1999, he handled the nationally publicized case of Terrell Peterson, an abused foster child, who was on the cover of Time Magazine (11/2000) and was the subject of the highest rated 60 Minute story of the year. Both cases resulted in significant changes in the rights of children in state custody. In 2006 he obtained the largest US jury verdict on behalf of an abused child.

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Free Resources:

Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

Moshik Temkin (Part II) | Commonwealth v. Sacco and Vanzetti | The Sacco-Vanzetti Trial

Moshik Temkin (Part II) | Commonwealth v. Sacco and Vanzetti | The Sacco-Vanzetti Trial

January 4, 2022

This week, your hosts Steve Lowry and Yvonne Godfrey continue their interview with Moshik Temkin, Harvard University Associate Professor of History and Public Policy and author of The Sacco-Vanzetti Affair: America on Trial (https://carrcenter.hks.harvard.edu/people/moshik-temkin). 

 

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Episode Details:

Harvard University Associate Professor of History and Public Policy Moshik Temkin, author of The Sacco-Vanzetti Affair: America on Trial, discusses the larger implications of this 1920s Massachusetts murder trial and how its proceedings and subsequent international post-verdict protests revealed the U.S. justice system's implicit bias against immigrants. On April 15, 1920, an armed robbery was committed at the Slater-Morrill Shoe Company in Braintree, Massachusetts, resulting in the death of two guards and the theft of at least $15,000 in payroll funds. Italian immigrant anarchists Nicola Sacco and Bartolomeo Vanzetti were accused and charged with first-degree murder. The pair's anarchists beliefs, advocating for the violent overthrow of political and capitalist institutions, and evasion of the World War I draft took center stage at the trial, overshadowing missing and contradictory evidence in the case. Influenced by presiding Judge Webster Thayer's obvious bias, which included calling the defendants "anarchist bastards," as well as the jury foreperson's publicly expressed predetermined verdict, Sacco and Vanzetti were sentenced to death. Worldwide, labor unions held protests and acclaimed writers and political influencers spoke out in support of Sacco and Vanzetti. The pair, who were widely seen as political prisoners, were executed in the electric chair on August 23, 1927. On today's new episode, author and historian Moshik Temkin will share what his extensive research has revealed about this infamous case and the resulting international protests. Learn how this legendary trial impacted global politics and resulted in lasting judicial reform. 

 

Click Here to Read/Download Trial Documents

 

Guest Bios:

Moshik Temkin:

Moshik Temkin, Associate Professor of History and Public Policy, joined the Harvard Kennedy School faculty in 2009. A specialist in the history of the modern United States in global and comparative perspective, with a focus on the connections between history and public policy, he is particularly interested in the interaction between Americans and non-Americans–the effects that American politics have had on the wider world, the roles that international politics have played in American society and policymaking in the United States, and the dynamics created when American and international politics come into contact, or conflict.

 

He is the author of The Sacco-Vanzetti Affair: America on Trial (Yale University Press, 2011), which was a finalist for the Cundill International Prize, as well as several articles and book chapters. His current research interests include the history of the death penalty in a comparative perspective, the impact of war on public policy intellectuals since World War I, Malcolm X's career and politics in a global context, the relationship between American civil rights and global human rights, and the contest between global political activism and travel control since the Cold War. He is currently at work on a book provisionally titled Undesirables: Travel Control and Surveillance in an Age of Global Politics, to be published by Harvard University Press. He is also the editor (with David Greenberg and Mason Williams) of Alan Brinkley: A Life in History (Columbia University Press, 2019).

Read Full Bio Here

 

Show Sponsors:

Legal Technology Services - LegalTechService.com

Digital Law Marketing - DigitalLawMarketing.com

Harris Lowry Manton LLP - hlmlawfirm.com

 

Free Resources:

Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

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