Leveling the Playing Field: Defense Counsel Used “Honest Fouls” in California and Beat a $16 Million Jury Demand

Files and evidence bag in a crime lab, conceptual image

In Bob Tyson’s book titled Nuclear Verdicts™: Defending Justice for All, Bob Tyson challenges the defense bar to “[u]se your fouls.”i A defense attorney who prefers to play by the books may question what an “honest foul” is and when to make such fouls. This article evaluates a May 2021 California Appellate decision illustrating how

California’s Evolving Interpretation of Vicarious Liability

  Vicarious liability, the doctrine that imposes liability on a party not directly at fault, is one of the most malleable concepts in California law. Most recently, the Fifth District Court of Appeals in Kern County analyzed the reach of two forms of vicarious liability — the peculiar risk doctrine and the nondelegable rule —

How Defense Counsel Can Take a Bite Out of Potential Nuclear Verdicts™

A jury recently awarded $20 million against the City of Exeter in San Luis Obispo County, California in a case involving a 2016 retired police dog which attacked and killed one individual and injured another.  The jury verdict fits the mold of the typical Nuclear Verdicts™ plaguing our country.  Defense attorneys can utilize methods to