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Month: April 2021

Avoiding Losses

The purpose of damages in breach of contract disputes is to put the non-breaching party in the same place it would have occupied if the contract had not been breached. This can be accomplished in several ways, depending upon the specifics of the transaction. At times,...

Boring the Jury

I watched a good deal of the Derek Chauvin jury trial that wrapped up last week. Based upon the evidence presented, I was not surprised by the verdict. Perhaps if Chauvin had testified that he was ignorant, scared and poorly trained, he may have been able to avoid the...

When Should My Business Settle A Case?

Tough question, right? Not really. Your business should settle its case if the cost and exposure of moving forward with litigation substantially outweighs the cost of the settlement that can be achieved. So we're done here, right? Not really. The difficulty, of...

Jury Trials Resume

I spent four days in Chester County handling a jury trial this week. Everyone in the Courthouse wore masks, except the witnesses on the stand who wore face shields. Wearing masks is a bit uncomfortable, and it is certainly harder to emote and to observe others'...

Litigation Holds

One of the changes in the law that has occurred since I began practicing is what is commonly referred to as the Litigation Hold. It is now common in every case for the litigants to be informed to preserve evidence in all of its various forms due to the possibility...