Post-Trial Motions That Make or Break an Appeal

Episode Summary: In this episode of Strategic Justice in Action, host Evan Mack is joined by David Senoff, a plaintiffs attorney and founding partner of First Law Strategy Group. They delve into the intricacies of post-trial motions and their critical role in the appellate process. David explains the importance of keeping meticulous records during trials, from noting unfavorable rulings to objecting to jury composition. He highlights the necessity of preserving issues for appeal through timely objections and comprehensive post-trial motions. The discussion also covers the waiver trap in appellate rules and the significance of including all pertinent objections in post-trial motions to avoid waiver on appeal. David provides insights into the strategic considerations law firms must evaluate when deciding to pursue an appeal, emphasizing the importance of a strong post-trial record. This episode is essential for attorneys seeking to enhance their appellate advocacy skills and ensure effective post-trial strategies. Key Timestamps: 00:01 – Introduction 00:23 – Importance of Post-Trial Motions 00:46 – Key Post-Trial Motions to Consider 01:28 – Handling Expert Testimony Exclusions 02:31 – Jury Composition and Challenges 04:19 – Jury Instructions and Objections 06:06 – Judgment Notwithstanding the Verdict 06:47 – Preservation of Issues for Appeal 09:49 – Pennsylvania's Statement of Matters on Appeal 11:01 – Risks of Incomplete Post-Trial Records 12:47 – New Appellate Rules in Pennsylvania 14:49 – Importance of Respectful Objections 16:47 – Strategic Decision-Making for Appeals About the Show: Strategic Justice in Action is a podcast dedicated to exploring the complexities of the legal system, with a focus on appellate advocacy, insurance bad faith, and public policy litigation. Hosted by Evan Mack, the show features in-depth discussions with legal experts like David Senoff, providing listeners with valuable insights into the strategies and challenges of holding corporations and governments accountable. Whether you're a seasoned attorney or new to the field, this podcast offers practical advice and thought-provoking conversations to enhance your understanding of the legal landscape.