Episodes

When a 900-pound flail mower crushed a Delaware Department of Transportation mechanic, the defense claimed it was his fault and insisted his return to work proved minimal injury. When Dave Kwass sued the mower manufacturer, he exposed defense lies and revealed missing evidence. He also took jurors on a journey through the company’s history – including the “bizarre moment” when it rejected a design modification that would have made the mower safer because it would have increased repair costs. As ...

In the second Trial Nugget devoted to punitive damages, host Brendan Lupetin breaks down Goretzka v. West Penn Power, in which a woman was fatally electrocuted when a power line fell on her. Brendan reads key moments from the punitive section of Shanin Specter’s closing argument, including when he reframed West Penn Power’s $244 million net worth. Shanin showed the jury a $10 bill and suggested that the appropriate way of considering damages would be to say, “‘What would it be if it were a guy w...

At Blankingship & Keith, they often say: "There's a smoking gun in every case; just, sometimes, you don't find it." With tenacity and strategy, a firm team found smoking guns in their recent case against a commercial trucking company. The team – Rob Stoney, Chidi James, Barkley Horn, and Matt Tsun – uncovered inspection failures that allowed a truck with inadequate brakes and safety features to be on the road. It collided with their client’s vehicle, causing her life-altering injuries. Listen to...

The hospital had a good policy that would have prevented a 67-year-old woman from being prematurely discharged. Instead, she was discharged and found dead 12 hours later. Host Brendan Lupetin unpacks this wrongful death case with the trial team of Dorothy Dohanics, Carmen Nocera and Ben Cohen. Tune in to hear how Dorothy's meticulous discovery work and Carmen and Ben's strategic courtroom work drove their $5.25 million verdict. Learn More and Connect ☑️ Ben Cohen ☑️ Dorothy Dohanics | LinkedIn...

In the first of a two-part series about approaches to arguing punitives, host Brendan Lupetin focuses on Mark Lanier's $9 billion verdict against Takeda Pharmaceuticals. Brendan breaks down the three-part strategy that ensured Mark’s success: emphasizing the purpose of punitive damages beyond compensation, empowering jurors to understand their verdict will travel globally within 30 seconds, and making astronomical corporate wealth comprehensible by converting $60 billion into relatable $60,000 s...

Host Brendan Lupetin tackles the strategic paradox every trial lawyer faces: how to emphasize your strongest evidence through repetition without annoying jurors who hate lawyers who "say the same thing over and over." Drawing extensively from David Ball's "Theater Tips and Strategies for Jury Trials," Brendan explains the critical distinction between strategic repetition that wins cases and mindless repetition that loses them. He reveals Ball's gold standard for what to repeat—only what you want...

When Jordan Strokovsky received a call about a 27-year-old medical assistant who lost his leg at Temple University Hospital, he knew within minutes something wasn't right. In this breakdown of his career-defining $25.9 million verdict in Parks v. Temple University Hospital, Jordan reveals to host Brendan Lupetin how he transformed a damages-only case into one of Philadelphia's largest amputation verdicts. Learn More and Connect ☑️ Jordan Strokovsky | LinkedIn | Facebook ☑️ Strokovsky LLC on Li...

While representing a client who lost his foot after relying on his employer’s medical helpline, Helen Lawless and the trial team realized that the helpline did “exactly what it was supposed to do.” And their strategy was born. In this case breakdown with host Brendan Lupetin, Helen explains that the helpline was actually a lucrative business model designed to keep workers from getting proper medical care. Their “constant refrain” to the jury, Helen says, was that the company benefited from the d...

Host Brendan Lupetin breaks down two powerful psychological principles that can transform your trial strategy: the focusing illusion and the framing effect. Drawing from cognitive research and courtroom experience, Brendan explains that jurors focus on what's presented as most important – and lawyers who don’t control the jurors’ focus leave their case to chance. Using examples from a recent medical malpractice victory involving critical limb ischemia, he demonstrates how deliberate focusing—rat...

A $25 million medical malpractice verdict came from strategies most attorneys would reject: omitting economic damages entirely, using minimal medical literature, and framing informed consent to transcend political divides. Katie Bertram and Kieran Murphy of Bertram & Murphy dissect their victory with host Brendan Lupetin. The attorneys reveal how focus groups guided their decision to withhold a $7 million economic loss claim that could have anchored the jury to a lower amount. Tune in for an ins...

"We're big believers in looking at cases and trying to drive the value we believe they're worth," says Eric Chaffin about the $130,000 verdict he and Justin Joseph secured when the insurance company offered just $10,000. Host Brendan Lupetin explores how the trial partners transformed a "typical" meniscal tear case into a compelling human story. Using psychodrama techniques and focusing on the emotional impact of the injury, they convinced jurors to look beyond minimal vehicle damage and limited...

"We don't know and we don't care how Mike came into contact with that raft," trial lawyer Mike Calder told jurors in a case many attorneys had rejected. In this conversation with host Brendan Lupetin, Mike and trial partner Jon Perry of Perry Calder dissect their $19 million verdict for a 21-year-old who became quadriplegic after a swimming pool accident. Originally signing the case with limited expectations, the team persevered after homeowners who initially expressed responsibility later denie...

When a 64-year-old man with classic stroke symptoms was misdiagnosed with Bell's Palsy, his care was delayed by 19 critical hours. Host Brendan Lupetin interviews classmates-turned-colleagues Ben Cohen and Carmen Nocera about their $856,000 medical malpractice verdict in Washington County, PA. The young attorneys reveal how they exposed contradictions in the defense's position, leveraged a damning phone call recording, and maintained credibility with the jury through a grueling two-week trial ag...

In this trial nugget, Brendan Lupetin challenges the notion that trial lawyers must deliver openings and closings completely from memory. Drawing inspiration from James Humes' book "Speak Like Churchill, Stand Like Lincoln," Brendan introduces the "power reading" technique used by communicators from Ronald Reagan to Rick Friedman. This approach combines written precision with conversational delivery through two key principles: "memorize, then conversationalize" and the "see, stop, say" method. B...

"It's a stroke of the leg, ladies and gentlemen." When critical limb ischemia struck their client Kirt, every minute counted—yet the county's only vascular surgeon remained at a wound care center despite multiple emergency calls. In this breakdown of their recent $2.2 million verdict, host Brendan Lupetin, partner Greg Unatin, and associate Garrett Trettel reveal how they overcame challenges including COVID-related defenses, contradictory timeline claims, and the fear of alienating the only spec...

Brendan Lupetin offers a practical strategy for explaining "increased risk of harm" causation to jurors in medical negligence cases. Using relatable examples like a Steelers game and a house fire, he demonstrates how to transform this challenging legal concept from a technical hurdle into a powerful asset. Brendan emphasizes the importance of introducing this concept in opening statements and reinforcing it during closing arguments to ensure juror comprehension. Produced and Powered by LawPods

Trial lawyers John and Alicia Campbell join Brendan Lupetin to discuss how data analytics is transforming case evaluation and jury selection. The founders of Campbell Law and co-authors of “Jury Ball: The Big Data Revolution Is Here” explain their pioneering approach of using large sample studies to predict jury behavior, identify case values, and develop winning strategies. With over 900 civil cases analyzed, they share how their methods have helped attorneys secure multimillion-dollar verdicts...

In this Trial Nugget, host Brendan Lupetin discusses how trial lawyers can leverage AI tools like ChatGPT to simplify complex legal concepts for juries. As one example, he focuses on the "increased risk of harm" causation framework in medical malpractice. What’s a compelling, relatable way to explain that legal standard to a jury? Brendan shares a prompt that he gave to ChatGPT. Tune in to hear the result. Produced and Powered by LawPods

Host Brendan Lupetin interviews the creators of Predict, a jury research and analytics tool available through Precise Trial. Pete Mansmann is the CEO of Precise Trial and Rich Epstein and Oscar McKnight founded a consulting firm called Scientific Legal Services that uses statistical data to predict the outcome of litigation. As Rich explains, Predict has many applications for lawyers throughout the trial process. The guests break down the science behind Predict, describe how it uses AI and "huma...

Perfectionism isn’t just unrealistic; it can also be your undoing. In this Trial Nugget, Brendan Lupetin describes the dangers of clinging to illusions of a “perfect” trial. One risk? Missing opportunities at the real one. Tune in as Brendan recaps Chapter 9 of Rick Friedman’s "Becoming a Trial Lawyer" and offers a cure for perfectionism. Spoiler: It’s about preparation. Produced and Powered by LawPods

In two decades of practicing law, host Brendan Lupetin hasn’t undertaken binding arbitration in a med-mal case. Sud Patel, past president of the Pennsylvania Association for Justice and leading trial lawyer at Fanelli, Evans & Patel, recently had two successful outcomes. So Brendan invites him to share his insights for plaintiffs’ lawyers with little or no experience in the process. In both of Sud’s cases, the arbitrator ruled in his clients’ favor, and the defense paid on time. Learn More and ...

Brendan discusses the concept of simplicity in trial advocacy, drawing from the book "Becoming a Trial Lawyer" by Rick Friedman. He emphasizes the importance of presenting a simple, easy-to-understand case theme and streamlining evidence to connect with the jury. Produced and Powered by LawPods

When the software developer for Pennsylvania’s medical marijuana system decided to fire its minority-owned subcontractor after three years, it pointed to a provision in an old contract. Representing the subcontractor, Gary Green called the contract “trash.” Over and over, maybe 50 times. “They're going to come in here blowing smoke like crazy. And you have to remember two things,” Gary told the jury. “The trash contract and the smoke.” In his visit with host Brendan Lupetin, Gary describes how...

Don’t ask prospective jurors if they hate lawsuits; you won’t learn anything about them. Don’t talk about damages early on; you’ll only rub them the wrong way. And don’t make rules like, “I never have ‘X’ on a jury”; you could waste a peremptory strike on a potentially great juror. Renowned jury consultant Harry Plotkin, of Your Next Jury, has seen plaintiffs’ lawyers make these mistakes and others through over two decades of mastering the art of jury selection. In this conversation with host B...