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Winning on the Road

By Jacob Buchdahl, Arun Subramanian and Mark Hatch-Miller

Many in-house counsel and outside lawyers have experienced something like the following: After navigating your client's defense-side civil case through months or years of contentious discovery, the plaintiff survives summary judgment. Nevertheless, you and your client remain confident that the law and the facts are on your side. There's one big problem, though. Your client faces a jury trial in an unfamiliar jurisdiction, where a jury might be inclined to side with the plaintiff's David over your client's Goliath, and as the old adage goes, “The only certainty with a jury is uncertainty.

Facing the prospect of a trial in a supposedly unfavorable venue, many defendants will agree to settle to avoid an unknown but potentially expensive and reputation-harming verdict. We think there's a better way. We recently tried a defense case in the United States District Court for the Eastern District of Texas and won a conclusive no-liability, zero-damages jury verdict for an out-of-state corporate defendant sued by a local plaintiff. See Flexuspine, Inc. v. Globus Medical. Here are a few of the strategies we found helpful in that win — many of which we learned from our firm's experience as a plaintiff in the same venue.

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