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1 How to Take Exceptional Depositions Video Depositions Louisiana Association for Justice October 9, 2014 Robert E. Kleinpeter.

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Presentation on theme: "1 How to Take Exceptional Depositions Video Depositions Louisiana Association for Justice October 9, 2014 Robert E. Kleinpeter."— Presentation transcript:

1 1 How to Take Exceptional Depositions Video Depositions Louisiana Association for Justice October 9, 2014 Robert E. Kleinpeter

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5 5 An Important Legal Equation E + L = V

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7 7 Jury Instruction A following motorist who rear ends the vehicle in front of him is presumed to breach the standard of care set forth in La. R.S. § 32:81. To avoid liability, the burden of proof is on the rear- ending motorist to show that he kept his vehicle under control, watched the vehicle in front of him closely, and kept a safe distance, or that the lead driver created a hazard which he could not reasonably avoid.

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9 9 Show an affirmative defense is baseless File or defeat motions Support your expert’s conclusions Support your client’s harms and losses Address juror biases Written Case Discovery Plan

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11 11 1.Care 2.Fairness 3.Authority 4.Sanctity 5.Loyalty Moral Foundations - Positive MoralFoundations.org

12 12 1.Harm 2.Cheating 3.Subversion 4.Degradation 5.Betrayal Moral Foundations - Negative MoralFoundations.org

13 13 1.Personal Responsibility (Accountability) 2.Suspicion 3.Anti-Plaintiff 4.Victimization 5.Stuff Happens Five Juror Biases –The Jury Bias Model Greg Cusimano and David Wenner

14 14 Facial expressions Body movement Posture Why Use Video Depositions Gestures Eye contact Voice

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