November 08, 2018 | The Legal Intelligencer
The Potential Impact of Smartphones, Wearable Tech in Personal Injury CasesAt least one in six American consumers own and use wearable technology—watches and fitness monitors that allow the compilation and exchange of data without the user's involvement—based on a 2016 study cited in Forbes.
By Vikram Subramanian and Jay Evans
8 minute read
November 10, 2016 | The Legal Intelligencer
The Third Circuit, Notice and Access for Pro Se PrisonersThe issues surrounding appellate filings by pro se and prisoner litigants will always be with us. Our state and federal courts make significant efforts to maintain the integrity of the court while avoiding, as the U.S. Court of Appeals for the Third Circuit stated, "traps for the unwary," as in Marshall v. Commissioner Pennsylvania Department of Corrections, 3d Cir. No. 16-9000, (Oct. 25). Two recent matters decided in the Third Circuit (Marshall) and pending in the Pennsylvania Supreme Court (Burton) demonstrate the unique tension for appellate courts in these circumstances. And these recent decisions may provide some important lessons for all of us as well.
By Jay Evans
15 minute read
May 24, 2016 | The Legal Intelligencer
A View From the Sidelines 2: Oral Arguments and the New Supreme CourtIn late 2013, I authored a piece regarding where the Pennsylvania Supreme Court (as constituted at that time) might be leaning regarding a contested products liability matter, Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014). At the time, I predicted where the justices might be leaning based on the questions they posed at oral argument. I made the "bold" (quotes intentional, as the prediction was anything but) prediction that the Supreme Court would change the landscape of products liability matters, but not adopt the Restatement (Third) of Torts.
By Jay Evans
8 minute read
February 13, 2016 | The Legal Intelligencer
Showing and Not Telling in Appellate AdvocacyI decided recently I wanted to return to performing on stage. Because I did not need to memorize anything, I chose improv comedy as a vehicle to do that. One of the first lessons drilled by my instructors was simple: Show, don't tell.
By Jay Evans
8 minute read
November 17, 2015 | The Legal Intelligencer
Rebuttal, Reply, Riposte: A Detailed DiscussionAs a break from my usual format, as well as a break from the sometimes unfortunate tendency of the headstrong (including lawyers) to talk over prior mistakes, I want to start with a "correction" related to my last appellate practice column.
By Jay Evans
7 minute read
November 16, 2015 | The Legal Intelligencer
Rebuttal, Reply, Riposte: A Detailed DiscussionAs a break from my usual format, as well as a break from the sometimes unfortunate tendency of the headstrong (including lawyers) to talk over prior mistakes, I want to start with a "correction" related to my last appellate practice column.
By Jay Evans
7 minute read
August 18, 2015 | The Legal Intelligencer
Suggestions for Effective Appellate Oral ArgumentMy previous column, "Crafting Arguments With Your Audience in Mind," focused on formulating written arguments with an eye to the eventual argument before a panel. Let's move forward, and work through some suggestions for the best way to prepare your case for the final battle: oral argument. Depending on the court, you may only get 15 minutes to advocate one last time for your client's position. My goal is to help you to make the most of that time.
By Jay Evans
7 minute read
August 17, 2015 | The Legal Intelligencer
Suggestions for Effective Appellate Oral ArgumentMy previous column, "Crafting Arguments With Your Audience in Mind," focused on formulating written arguments with an eye to the eventual argument before a panel. Let's move forward, and work through some suggestions for the best way to prepare your case for the final battle: oral argument. Depending on the court, you may only get 15 minutes to advocate one last time for your client's position. My goal is to help you to make the most of that time.
By Jay Evans
7 minute read
February 17, 2015 | The Legal Intelligencer
The Difficulty of Consistent Application of Supreme Court PrecedentIt's been three months since the Pennsylvania Supreme Court's decision in Tincher v. Omega Flex, 104 A.3d 328, 2014 Pa. LEXIS 3031 (Pa. 2014), and although the number of articles covering the ruling are legion, the legal community has yet to feel the decision's full impact.
By Jay Evans
8 minute read
February 17, 2015 | The Legal Intelligencer
The Difficulty of Consistent Application of Supreme Court PrecedentIt's been three months since the Pennsylvania Supreme Court's decision in , 104 A.3d 328, 2014 Pa. LEXIS 3031 (Pa. 2014), and although the number of articles covering the ruling are legion, the legal community has yet to feel the decision's full impact.
By Jay Evans
8 minute read