The Story of the Villain - How to win the impossible causation case by focusing on Defendant’s behavior

Trial is one big story – and you get to control it. You are the writer, the director, the producer, and the actor. However, the script often changes on the fly and you have to adjust. And often times, the source material (the facts) you have is not the best. Sometimes you have a good client and good damages and maybe even good liability, but causation is impossible. Impossible to understand, impossible to win, impossible to communicate to a jury. You need to find a way tell the story by focusing on the villain and not on causation. In my last three eight figure verdicts, I have had this exact scenario. In this class, I will use my latest 30M fracking explosion federal jury verdict to illustrate how to draw the jury’s attention to where you most need it – on the bad acts of the villain (defendant) and how this can overcome any causation issues, as well as comparative fault and non-party problems. Techniques include framing the case and telling the story through visuals in opening and closing as well as directs and crosses.