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Jay Evans

Jay Evans

November 11, 2014 | The Legal Intelligencer

Crafting Arguments With Your Audience in Mind

Although appellate work involves legal strategy and zealous advocacy like every other area of practice, it sometimes requires a different set of tools. When constructing appellate arguments, particularly the brief, there are discrete concepts to keep in mind.

By Jay Evans

7 minute read

August 12, 2014 | The Legal Intelligencer

Despite New Ruling, New Rule, Discovery of Expert Communication Remains Unclear

We are essentially sitting in the waiting room regarding some important issues pending before the Pennsylvania Supreme Court. Anyone who reads my material with any regularity knows, for example, that I (and more than a few products liability colleagues) await a ruling on the application of the Restatement (Third) of Torts. And that's just one example of the issues on which we eagerly await resolution.

By Jay Evans

7 minute read

May 13, 2014 | The Legal Intelligencer

Handling an Appeal in a 'Case in a Box'

Recently, one of my colleagues came into my office and asked me to step in for him on a case he was appealing. As the lawyer in our office with an appellate emphasis, I usually get consulted and pitch in when a case gets appealed, but this time he asked me to take over the entire file. The case was appealed, docketed, briefed and scheduled for oral argument in a month. Essentially, my colleague had handed me a "case in a box" and asked me to carry it the rest of the way for him.

By Jay Evans

7 minute read

February 11, 2014 | The Legal Intelligencer

Questioning the Balance Between Dicta and Holding

When I was getting ready for law school, my dean sent out a suggested reading list. "To Kill a Mockingbird" still sits on my shelf when it's not being loaned out to new lawyers (note: read it; don't just see the movie). "One L" is on the shelf, too.

By Jay Evans

7 minute read

November 12, 2013 | The Legal Intelligencer

Predicting the Application of the Restatement (Third) of Torts

Trying to project how a court will rule can be like throwing darts at a dartboard. Predicting where the Pennsylvania Supreme Court may be leaning on the Restatement (Third) of Torts regarding products liability claims is much the same.

By Jay Evans

8 minute read