EP 438- Anatomy of a Product Liability Case Part Two
Our discussion on building a product liability case continues, with a focus on pre-suit discovery, regulations, industry standards and potential defendants that are often overlooked.

Our discussion on building a product liability case continues, with a focus on pre-suit discovery, regulations, industry standards and potential defendants that are often overlooked.
Are you missing a product liability claim ? Product liability cases can be complex, challenging, and sometimes hard to recognize. John, Tim and Erich discuss how to recognize and evaluate a product liability claim as well as how to overcome some of its most common challenges.
Can the attributes of a good trial attorney run in the family? Part Two of our Father’s Day discussion about practicing law with your Dad talks about the decision to follow your father’s footsteps and live up to the family reputation.
If given the opportunity, would you say yes to working with your Dad? In recognition of Father’s Day, father-daughter trial lawyer duos John Simon and Mary Simon, and Judge Jack Garvey and Colleen Garvey discuss the joys and frustrations of going to work every day with Dad.
Let’s talk technology, eDiscovery, Chat GPT and how to make use of our time in a productive way. All of these tools are coming at us lightning fast – listen to our discussion with Joy Holley, John Simon and Erich Vieth on where to start the learning process.
Artificial Intelligence has significant impact on all industries and especially in the legal industry. Joy Holley discusses the exponential growth of AI and the use in legal and in which the courts are now starting to weigh in.
Handling a high profile case? Attorney Robert Haar has a few helpful tips on how to deal with the press, convincing reluctant witnesses to cooperate, and the power of taking pride in your work in Part Two of our conversation.
Bombings. Organized crime. And witness protection programs. Gain insight into these interesting areas of the law with renowned St. Louis Attorney Robert Haar. Part One of our discussion covers these issues plus pitfalls in parallel proceedings, when to advise corporate clients to retain separate counsel and much more.
There’s a good chance your expert is going to be asked about facts that aren’t in evidence, prior relationships with your firm and their own compensation in the case. Should you be nervous about that? Not if you’ve followed our tips on expert prep. We also discuss the best way to help experts prepare their opinions prior to depo, which will save time, make the depo go more smoothly, and most importantly, eliminate surprises that could cost you your case.
You’ve been working on this case for 2 years and it’s looking good. Then your own expert destroys it with a devastating response in their deposition. Is it their fault or yours? Good expert prep involves more than simply presenting the facts of the case. We’ll share tips from our expert depo checklist and show you how a little extra time with your expert upfront can prevent a disaster on depo day.
In Part Two of our enlightening discussion with immigration attorney Javad Khazaeli, you’ll learn more about roadblocks in the immigration system, including the antiquated process attorneys must attempt to follow to process immigration cases. You’ll also get a better understanding about how barriers to legal immigration negatively impact all of us, and how we can and should improve the process to benefit every American
Cut through the clutter of misinformation about immigration and find out the facts from our guest attorney, Javad Khazaeli. Javad worked for Homeland Security and the Department of Labor before starting his own firm in St. Louis. You may be surprised to learn that the great majority of people who are in the US without status are Chinese, not Mexican, and that the backlog to process legal immigrants may require applicants to wait decades. If you’d like to learn more about immigration law, Javad r...
Part Two of our conversation on creativity in the courtroom with Debbie Champion focuses on innovative approaches to voir dire and fresh ideas on how to “play nice” during cross. We’ll also share stories on “creative” approaches for both sides that didn’t quite work out as planned. Tune in for a wide-ranging conversation that focuses on creative approaches and defenses for attorneys on both sides of the aisle.
Have you ever considered bringing 49 massive jars of Skittles to the courtroom, dumping a 3-foot stack of medical records into the trash or placing something that looks like a bloody severed leg on your courtroom table? Acclaimed St. Louis attorney Debbie Champion joins John, Tim and Erich to discuss how creativity in the courtroom can help and hurt your case. Our true stories of courtroom creativity will get you thinking about new ways to look at your next case.
Part Two of our discussion with Tom Stewart focuses on avoiding common pitfalls in opening statements, how to direct on direct examination, and what it means to the jury when you start cold and bold. Want to get Tom’s four trial guides for yourself or for others in your practice? Email Tom at Thomas.Stewart@slu.edu and refresh yourself and your team on the basics of powerful persuasion.
Attorney and St. Louis University Law Professor Tom Stewart recalls hearing judges say many attorneys have forgotten the basics of advocacy. So he developed one-page trial guides for the “apprentice lawyers” in his classes. These popular guides contain common sense tips on objections, effective cross, and direct and opening statements that will benefit even the most experienced attorney. Tune in for a quick refresher course on the foundations of law.
This podcast was founded upon the idea that the best trial attorneys never stop learning. John Simon, Erich Veith, and St. Louis attorney Tom Stewart teach at St. Louis University School of Law not only to instill proper practices in law students but to keep their own skills sharp. Tune in to hear great stories from the classroom and the courtroom, and you too might be inspired to go back to class to share your experience with the next generation and make yourself a better lawyer.
Think you know your case so well you don’t need to write down your game plan? Think again. Part Two of our discussion on pretrial prep covers tips on preparing an order of proof, organizing evidence for each witness, thoughts on the most impactful way to order your presentations, when to send witness subpoenas, and ideas for preparing clients and experts for testimony. And if you are truly dedicated to total trial preparation, try John Simon’s method of creating an issues digest.
Preparing for trial can be a nerve-wracking experience for a young attorney. Today’s episode offers tried and true tips on when to request a pretrial conference and what matters to discuss, how to organize depos and evidence for quick reference, which hard copies you should and should not bring to the courtroom, how to prepare and use an exhibit checklist and much more.
Your trial team determines you need an expert to explain a vehicle’s structural defects. Do you need a metallurgist, a mechanical engineer, or both? How do you know and where do you find them? Part Two of our conversation on selecting experts includes expert research services, questions to ask when interviewing experts, and how you should examine your own expert before they take the stand.
Don’t assume that an impressive CV from a prestigious university means you’ve found the perfect expert for your case. We think someone with down-to-earth communication skills and real-life experience may be a better choice. Tune in for our discussion of what to look for when hiring an expert witness, strategies to defend your expert’s testimony when your opponent presents multiple experts against you, and tips on expert prep so your best asset doesn’t become your worst nightmare.
Getting the documents your client requests is the primary reward of Sunshine Law litigation, but can you also be reimbursed for your time? In our final episode on Sunshine Laws, we discuss settlements, misconceptions about attorney/client privilege, and our personal observations that judges are becoming more eager to rule on these cases to ensure government entities are transparent and act to serve people, not politics.
You’ve made a timely request for public governmental records but all you get are excuses. Under the law, you have to prove the delay is knowing and purposeful. How do you prove it and whom do you sue? Find out in our in-depth conversation about handling violations of your state’s Sunshine Laws.
Do you know when and why a public governmental meeting can close its doors to you? What recourse do you have to find out what they are discussing out of the public presence? Part Two of our continuing discussion on Sunshine Laws addresses the laws covering attending and recording meetings, redactions to meeting minutes, deleted text messages, and ways to get around roadblocks designed to keep you from obtaining the records you have a right to see.
It’s one thing both sides can agree upon...government transparency is a good thing. But getting access to government information isn’t easy. In Part One of our in-depth discussion on Sunshine Laws, Attorneys Mark Pedroli and Joseph Martineau explain the basics of Sunshine Law and Freedom of Information Act requests and why they should be part of your discovery if your case involves a government entity.
You know depos and trial testimony will be different experiences, but does your client? Are they expecting something straight out of a legal drama TV series when they take the stand? Today’s encore episode offers tips on helping your client stay calm, cool, and collected on the stand and ways they can project the best version of themselves and their story in the courtroom.
The best way to increase your odds of winning is to turn down cases you will probably lose. What information should signal whether to lean in or walk away? And if you decide to take the case, what’s the first piece of advice you should give to your new client? In this encore episode, John and Erich share valuable experiences on evaluating potential clients and offer tips you can use to assist your decision-making process.
At a crossroads in your career, or just starting out, and wondering if you should choose plaintiff or defense work? Your level of risk aversion and emotional sensitivity may be key indicators to consider. Hear the pros and cons of both sides as we compare cases, clients, and billable hours with defense attorney Steve Strum.
Did you know nursing homes and nuclear power plants are the two most regulated industries in America? Defense attorney Steve Strum is well versed in this complex practice area, having handled nearly 700 nursing home cases. Learn more about nursing home litigation in our wide-ranging discussion of the most common types of claims and defenses, as well as courtroom strategies.
Attorney Amy Gunn of the Simon Law Firm hosts two legal podcasts and recently had the opportunity to interview Cris Arguedas, one of the finest criminal defense lawyers in the country. Find out why Cris is known as “the lawyer other lawyers would hire if they got arrested” and hear how she successfully represented clients from Hell’s Angels to Barry Bonds and Fed Ex. We think her tips for cross-examination will be helpful for attorneys on both sides of the aisle.