News February 2010 The Western New England College School of Law National Trial Teams did not advance past the Regional Competition, which was held in Providence, RI, on February 18-22. There were some fine performances and each of the participants can rightly feel proud of his and her work, mastering the finer points of openings, closings, direct and cross examinations, and dealing with trial motions and objections. (Posted 2/26/2010 by admin) December 2009 I have just gotten word I passed a 4 hour written examination I took in October in Hartford, administered by the National Board of Trial Advocacy.  The test covered evidence, trial practice and ethics.  This is one of the last steps to my becoming a board certified civil trial lawyer by NBTA.   www.nbtanet.org (Posted 12/14/2009 by admin) November 2009 I am again coaching the Trial Team at Western New England College School of Law. This is part of a 2010 National Trial Competition sponsored by the Texas Young Lawyers Association and the American College of Trial Lawyers. Four 3rd year WNEC law students will participate in a regional competition with other New England law schools in mid-February. Four 2nd year students were selected in September to be understudies and to learn the role they will fulfill next year as trial participants. With luck this year's team will advance to the National finals in Texas in March. The case information was released in late-November, but preparations in earnest and practice trials will not begin until after New Years. The problem this year will be a Civil case (last year was a Criminal case), trying the issue of whether life insurance proceeds are due for a gunshot fatality. The students will try the entire case, meaning opening statements, direct and cross-examination of witnesses, motions in limine, side-bar arguments on evidence issues, and closing arguments (Posted 10/29/2009 by admin) May 2009 Small Claims is not always so Small.  On behalf of an insurer I recently prosecuted (and won) a $15,000 claim in the Small Claims Session of the District Court.  There is an exception to the $2,000 limit of damages for cases involving motor vehicle property damage.  This expedited procedure allowed for a hearing on the merits only six weeks after suit was filed, but also required a lot of work to be ready for anything on the day of trial since there is no discovery and no answer is even filed giving notice of defenses.  Small Claims matters are heard by Clerk-Magistrates, not Judges or Juries.  However, a Defendant sued in Small Claims has a right, before the Small Claims hearing, to remove the claim to the regular District Court civil session for a jury trial.   In addition, a Defendant dissatisfied with a Magistrate's ruling has a right to a re-trial before a Jury of Six, with certain conditions.    I have handled several jury trials which were appeals from an adverse finding by a Defendant in small claims.  These cases are interesting and it takes some savvy to know how to keep things low key and also be effective. (Posted 6/1/2009 by admin) February 2009 Here is a report from a case tried in Berkshire Superior Court in the February 2009 trial session. (Posted 3/14/2009 by admin) November 2008 Here is a case I tried before a Jury of Six in Pittsfield. (Posted 3/13/2009 by admin) July 2008 July 24, 2008 In a case closely watched to determine what level of detail was required to support a decision rejecting an employee's subjective complaints of pain, the DIA Reviewing Board rejected the Employee's appeal in Jenkins v. UPS; TIC, Board No. 024333-04. (Posted 7/29/2008 by admin)