Lewis H. Lazarus moderate a panel entitled “Streamlining Business Cases for Trial: A View from the Bench” at the ABA’s Business Law Section’s Annual Meeting in Washington, D.C. on Friday, September 13, 2019.
The program featured a panel of distinguished trial court judges from Delaware, Indiana and North Carolina— the Hons. Joseph R. Slights, III (Delaware Court of Chancery), Heather Welch (Indiana Superior Court) and James L. Gale (North Carolina Business Court) — who shared strategies to streamline a business case through the medium of a business case hypothetical.
The panel focused on issues that arise in three phases of civil litigation: an initial scheduling conference, including whether discrete issues that might be case dispositive, such as personal jurisdiction or the statute of limitations, can be resolved prior to full-blown discovery; the formulation of a court-approved discovery plan, including how to streamline electronic discovery and potential sanctions if a party fails to comply; and, finally, issues that arise in a pre-trial conference, including stipulated facts in a pre-trial order, motions in limine, the lodging and use of deposition transcripts and courtroom technology. This panel afforded litigants insights from experienced trial judges and counsel regarding recurring issues that often confront trial attorneys as they seek to balance efficiency with thorough preparation of their clients’ claims and defenses.