A trial is conducted in a box. 

Literally and figuratively. 

The literal box is the windowless room in a government building in which the trial is conducted. 

The figurative box is drawn by the judge, who admonishes jurors that they are only to consider the evidence admitted inside the courtroom and shall not conduct research or consider information beyond the evidence admitted in the trial.

Yeah, right.

Okay, when these rules were framed, to research a party in the case, a juror would need to travel to a good library, search through index cards, talk to a research librarian and wander the shelves to pull information not received in the trial.  read more

On May 15, 2019 the Ninth Circuit Court of Appeals affirmed a Bankruptcy Appellate Panel decision affirming a Judgment obtained by Spillane Law Group for California Farms Investors, LLC for securities fraud.

Jay Spillane tried the underlying action, California Farms Investors, LLC v. James Roberts, in the United States Bankruptcy Court for the Central District of California.  The defendant promoted an organic lettuce venture through false and misleading statements and without disclosing that the venture was not growing its own lettuce.  California Farms Investors invested $825,000 in the form of secured notes.  The venture purchased lettuce from vendors with rights under the Perishable Agricultural Commodities Act (“PACA”), including the right to hold insiders of entities purchasing agricultural product personally liable for the purchases.  read more

Trying cases is a lost art in the business world.  Supposedly 95% of business cases settle prior to trial.  That may be so, because I consider 95% of my business law colleagues to be litigators, not trial lawyers: those who exclusively use pleadings, discovery and motions to posture a case for settlement and who have little to no trial experience. 

If a reasonable settlement can be achieved, I advise my clients to take it.  Trying cases is expensive and uncertain.  But if you’re not eager and able to try the case if necessary, how are you going to get the best settlements?  read more

“Mini-opening statements,” or short opening statements to potential jurors before jury selection (“voir dire”), are a little understood but critical aspect of trial practice.

Parties are often required to submit joint materials before the pretrial conference including a short statement of the case.  See LASC LR 3.25(f)(1).  As a stipulated document, though, it will be sanitized to the point of revealing little about the case other than identification of the parties and claims.  On the day of jury selection, a “panel” or “venire” (“to come,” from the jury summons) of thirty to forty potential jurors will enter the courtroom and sit in the gallery.  read more

Trial attorneys have at most four opportunities to speak to a jury: 1) a brief opening statement prior to jury selection (state only and on request); 2) jury selection, or “voir dire” (“to see one say”); 3) opening statement; and 4) closing argument.  The first two are before the jury is selected, and only in the second, jury selection, is one permitted to ask potential jurors questions and hear their answers.  This golden opportunity should not be squandered through ill preparation.

In federal civil practice the judge retains tight control over voir dire and need not allow attorneys to ask questions.  read more

Jay Spillane, representing Intervenor Plaintiff Tommie Howard, together with Robert Levinson and Helen Kim Colindres, representing Defendant Meighan Howard, won a defense verdict on an 11-1 vote after a five-week elder abuse jury trial.

Dr. John Howard, represented by Keller Anderle, sued Meighan Howard, his daughter, claiming that a 2012 amended estate plan, which disinherited Meighan Howard’s brother and made valuable irrevocable gifts to Meighan, was procured through elder abuse, breach of fiduciary duty and constructive fraud.  Dr. Howard pointed to evidence that Meighan Howard primarily communicated with estate counsel, exerted a high degree of management over her parents’ affairs and was the beneficiary of highly valuable gifts.  read more

Spillane Law Group represented Claimants Kenneth Kilroy, Ross Kilroy and M&A Securities Group, Inc. in an arbitration against Respondent Adrienne Smith Worley, JAMS No. 1210033774, concerning an unpaid $3 million investment banking fee from the purchase and sale of Ms. Smith Worley’s shares in Young’s Market.  On August 28, 2018 the Arbitrator rendered a Final Award in favor of Spillane’s clients for the full sum requested.

Ms. Smith Worley was the heir, through her mother Janet Smith, of significant shares in Young’s Market, a venerable closely held company currently focused on distribution of spirits.  Upon her mother’s passing there was an appraisal of Ms. read more