#541

INOCULATING AGAINST BAD FACTS: BRILLIANT STRATEGY OR MISGUIDED DOGMA?


--- 1.0 AZ,CA,CO,CT,FL,GA,ID,IL,NC,NJ,NY,NV,PA,WA
--- trial practice / trial
--- course production date: 8/30/2016
--- presented by QUENTIN BROGDON

QUENTIN BROGDON
Every case has bad facts, to a greater or lesser degree, and the opponent always has points to make. The first line of defense is the filing of a motion in limine. Assuming that fails or there is no legitimate argument to exclude the bad evidence, is it best to deal with it only after the opponent introduces it, or is it better to “inoculate” the jury against the bad effects of it by first introducing it in a weakened form?

The conventional wisdom, taught for many years in law schools and contained in numerous articles and books on trial procedure by eminent trial lawyers, is that inoculating the jury at an early stage is the preferred approach. In the past twenty years, however, a vocal minority of commentators created confusion on the issue by mounting a fierce assault on the conventional thinking. This course addresses the merits and possible weaknesses of the inoculation approach in dealing with bad facts.

Key course points are:
• Learn whether inoculation is the best method of dealing with bad facts in the trial of a case.
• Learn about the strengths and weaknesses of an inoculation approach to dealing with bad facts.
• Learn about "sponsorship theory" -- a proposed alternative to inoculation theory for dealing with bad facts.
• Learn about the results of scientific studies of the inoculation and sponsorship theories for dealing with bad facts.
• Learn about possible waiver of appellate points of error when adopting an inoculation approach to dealing with bad facts.


--- presented by QUENTIN BROGDON

Quentin Brogdon is a partner in Crain Lewis Brogdon, LLP, in Dallas, where he practices plaintiff's personal injury trial law. He is a Fellow in the invitation-only International Academy of Trial Lawyers, and a Fellow in the invitation-only American College of Trial Lawyers. He is listed in The Best Lawyers in America in the practice area of Personal Injury Litigation – Plaintiffs, and he is board certified in personal injury trial law and in civil trial advocacy.

He has been a Texas Monthly Super Lawyer every year since its inception, and he has been selected as one of the Top 100 Texas Monthly Super Lawyers in Texas on multiple occasions. He was selected by Lawdragon Magazine as one of its "Lawdragon 500 Leading Plaintiffs' Consumer Lawyers in America" in 2019, selected by Lawdragon Magazine as one of its "Lawdragon 500 Leading Plaintiffs’ Lawyers in America" in 2007, selected by the National Trial Lawyers as one of the Top 100 Texas Trial Lawyers in 2011, and has been selected by D Magazine as one the "Best Lawyers in Dallas".

He has served as President of the Dallas Chapter of the American Board of Trial Advocates (ABOTA), Vice-President of Finance for the Texas Trial Lawyers Association, President of the Dallas Trial Lawyers Association, and President of the Association of Plaintiff Interstate Trucking Lawyers of America.

He has given over 200 lectures, and authored over 40 published articles on topics related to personal injury trial law. The State Bar of Texas Continuing Legal Education Program awarded him its Standing Ovation Award for his contributions the State Bar's Continuing Legal Education program.

He is AV-Rated Preeminent by Martindale-Hubbell.