Strategies for Winning Your Next Trial: Jury Selection and Expert Witness Examination in New York & New Jersey

Produced on: December 17, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 75 minutes
Difficulty Beginner

This program, presented by Professor Moshe Horn, and retired Superior Court Judge Michael R. Casale, presently Of Counsel at Greenbaum, Rowe, Smith & Davis LLP, in Roseland, New Jersey, provides strategic options, legal pitfalls and practical tips in the areas of jury selection and expert witness examination.

Trials can be won or lost before the actual testimony begins if one party wins the battle of jury selection. Jury selection offers attorneys an opportunity to create the first impression with potential jurors so it is very important to put your best step (and your client’s best step) forward immediately upon the jury panel’s entry into the Courtroom, and to continue it throughout the jury selection process. This course will focus on the “do’s and don’ts” of jury selection, and effective strategies with respect to same. 

The course will also discuss another aspect of a trial where counsel can win or lose a trial—that is the examination of expert witnesses. Many cases simply boil down to “a battle of the experts”. Which expert is more credible? Which expert’s opinions will connect with the jury? This part of the course will focus on winning strategies regarding expert testimony. Some differences in the Court and evidence rules in New York and New Jersey will be presented by the panelists. However, the focus will be more on winning strategies, rather than Court and evidence rules.


Learning Objectives:

  1. Examine the purpose and importance of the jury selection process
  2. Develop the strategy of your case through jury selection
  3. Utilize all your senses to gauge how jurors perceive you and your client
  4. Demonstrate to an expert that you are knowledgeable about his/her area through preparation, preparation and more preparation
  5. Discuss how to make sure your expert wins “The Battle of the Experts"


This course originally appeared as a part of our December 2017 Bridge the Gap Event.


Faculty

Michael Casale

Greenbaum Rowe Smith & Davis LLP

HONORABLE MICHAEL R. CASALE, J.S.C. (ret.), was a Superior Court Judge for 20 1/2  years, having been appointed on January 2, 1996, and serving until his retirement on June 1, 2016. Judge Casale served in all three divisions of the Essex Vicinage.

During Judge Casale’s tenure in the Criminal Division, he was appointed an Executive Judge in 1998, and was appointed Acting Presiding Judge in 2005. He earned acclaim as a trial Judge in numerous homicide cases, including State v. Rahien Williams (which led to the overhaul of DYFS) and State v. Omar Tindall.

During his tenure in the Civil Division, Judge Casale presided over negligence cases, malpractice lawsuits, employment discrimination, commercial litigation and product liability matters. The New York Times did a feature article in May, 2009, praising Judge Casale’s expeditious and fair handling of the high volume caseload in the Essex County Special Civil Part docket.

Judge Casale served with distinction in the Family Division during the last five years of his judicial career. He was appointed lead FM (Matrimonial) Judge and presided over matrimonial cases involving alimony, child support, equitable distribution, child custody and relocation and domestic violence. He also served as Acting Presiding Judge in the Family Division during his tenure there.

In the New Jersey Law Journal Judicial surveys of 1999, 2004, 2009 and 2014, New Jersey attorneys consistently rated Judge Casale as one of the top Judges in the Essex Vicinage. He is a member of The Executive Committee of the New Jersey State Bar Association and is a member of The Barry Croland and Brennan/Vanderbilt Inns of Court.

Judge Casale received his B.A. from the University of Connecticut and his J.D. from Seton Hall University School of Law (cum laude). He is a past recipient of Seton Hall Law’s The Peter J. Rodino Society Award.  He is also a former councilman for the Township of Bloomfield, having served for six years.


Moshe Horn

Benjamin N. Cardozo School of Law

Moshe Horn has earned a national reputation as a trial lawyer as well as an insightful trial strategist, and is skilled in the nuances of jury research and selection in both civil and criminal matters. Moshe is a founding partner of the litigation boutique, Gitlin Horn, & Van De Kieft. specializing in all aspects of trial work. Moshe has tried over 100 jury trials and is one of the few lawyers to have tried criminal cases both as a prosecutor and a defense attorney , and civil cases both as plaintiffs attorney and a defense attorney. additionally moshe is one of the few lawyers who ah tried a class action case to verdict. this unique experience gives Moshe the ability to see a trial from every angle. Moshe has numerous 7 figure plaintiffs verdicts and has achieved superlawyers and best lawyers of New York status many times. Moshe has been an adjunct professor of law at Cardozo law school for 20 years and is a frequent lecturer on trial strategy for lawline, marino, and AAJ. Moshe is also a frequent lecturer to schools and parent groups on issues confronting todays teens and the legal and social issue that they confront.


After graduating Cardozo law school, Moshe spent a decade as an Assistant District Attorney (ADA) in the Manhattan District Attorney's office where he tried more than fifty jury trials to verdict, achieving one of the highest conviction rates in the Manhattan office. He achieved successful outcomes in cases of both violent and white collar crime, including homicides, sex crimes, kidnapping, money laundering and extortion. In addition, he served as a member of the Sex Crimes Unit and the Asian Gang Unit, as well as a domestic violence coordinator in his trial bureau, and his work resulted in numerous grand jury indictments, many of which required advanced wiretapping techniques and the use of undercover officers. He also regularly participated in the office trial advocacy training program and supervised many young lawyers in their development as litigators.

 Moshe transferred this vast trial knowledge into the practice of products liability and mass tort litigation at Kaye Scholer, a leading New York law firm, where he worked on products liability and commercial and white collar litigation matters. At Kaye Scholer Moshe served as a primary trial strategist, bearing active responsibility for the preparation and execution of numerous focus groups and mock trials, as well as the conception and development of advanced trial graphics and jury questionnaires. During his tenure there, Moshe served on the trial teams for numerous mass tort trials including pharmaceutical, asbestos and commercial trials.

To continue his focus on mass tort litigation, Moshe joined Seeger Weiss, and was a member of the trial team that achieved a $47.5 million verdict against Merck for a client's Vioxx related injuries. He contributes broadly to the firm's commercial litigation practice and handles private criminal and personal injury matters as well. He regularly interfaces with jury consultants and conducts mock jury exercises, and consequently can share his insight about juries with current clients.

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