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Winning the
Unwinnable Case

David Ball & Gary C. Johnson

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Media: 2 CD, 2 DVD Set
1st edition (2007)

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Trial Guides Podcast

Description

From David Ball's intro to this disc set:
This DVD is about the inspiring story of how one of America's best trial attorneys, Kentucky's Gary C. Johnson, prevailed in a nearly impossible case. This discussion's original purpose was to help other attorneys see how to deal with some of the most common problems encountered in nearly every personal injury case. But, the discussion turned out to be more. It's one of the most inspiring stories behind a trial you have ever heard. You will find yourself playing this discussion over and over, before every difficult trial you ever face.

On October 17, 2002, a Knott County Kentucky jury ordered Equitable Resources Incorporated of Pittsburgh, Pennsylvania, to pay more than $270 million to Phairon Johnson of Deema, Kentucky. A series of focus groups conducted over the months before trial showed just how difficult this case would be. Instead of backing away from an unwinnable case, Gary Johnson used an approach he calls judo law to leverage the facts, and to turn the most difficult issues to his advantage. This approach turned this unwinnable case—in one of those counties that everyone said would never give a decent verdict—into what is believed to be the largest verdict ever given to an individual for a company's environmental negligence.

We believe the story behind this case will help and inspire you to be a better lawyer. Please enjoy watching, and keep a note pad or a dictating recorder nearby. You will want to take a lot of notes.

This title is part of the iWin™ series of educational media by Trial Guides™.

Track Listing

DVD/CD 1
1. Introduction
2. Case History
3. Magnitude of Damages
4. Discovery
5. Technical Evidence
6. People's Law
7. The Community
8. Jurors Are No Different
9. Big Case Expenses
10. In Voir Dire
11. Focus on the Well
12. Underestimating the Ability to Disregard Evidence
13. Maintaining Your Credibility
14. The Defense
15. Challenges Faced

DVD/CD 2
1. Judo Law
2. Credentialing Your Clients
3. Injury Specifics
4. Connecting The Judo Law
5. Fortifying Your Facts
6. Keeping It Simple
7. Repeating Your Theme
8. Closing Arguments
9. Losing a Case
10. Pre-Exisiting Conditions
11. More on Credentialing Your Client
12. When to Bring in a Trial Consulatant
13. Learning From Focus Groups
14. Incoming Bias of Jurors
15. A Sounding Board
16. Learning from the Case
17. Flowing with the Courtroom
18. The Positive Approach
19. Don't Be Afraid to Take A Verdict