Jackson & Nicholson, bases its litigation approach on the experience of its partners in managing a staff of more than 100 persons (35 lawyers) responsible for several thousand claims and tort lawsuits against agencies and officials of state government.

Case Evaluation

The first key to successful defense of tort claims is a realistic evaluation of claims, defenses, causation and damages. This evaluation, updated as the case progresses, shapes discovery, motion practice, negotiation posture, and trial and appeal strategy. The partners in Jackson & Nicholson, have deep experience in evaluating complex and novel claims in addition to more common tort claims and theories. Rigorous evaluation early in the claim or lawsuit process leads to more efficient litigation and better results on summary judgment motions and in trial and appeal.

Discovery

Discovery is a major cost of modern tort litigation for defendants. Discovery, especially discovery of electronic files, must be carefully managed to comply with court rules for disclosure, but also to control unnecessarily broad, burdensome, and costly requests. Modern court rules on discovery and experts provide experienced lawyers with the tools needed to control discovery. The partners in Jackson & Nicholson, have managed discovery in many large cases with scores of witnesses and tens of thousands of documents.

Summary Judgment Motions

Many tort cases contain issues of immunity, legal duty and proximate cause that should dispose of the case. This is particularly true in high exposure cases in which claimants are often trying to extend the boundaries of liability, causation, and damages. These issues need to be identified early and the defense of the case shaped to enable the defendant to prevail on summary judgment and/or appeal. The partners in Jackson & Nicholson, have represented state government for over 70 years of combined experience on these kinds of cases, and the partners are adept at posturing cases for dismissal on summary judgment motions.

Negotiation

Success in negotiation depends on correctly evaluating the issues and exposures in the case and structuring the defense to give the opposing party an accurate perception of the risk in pursuing the case. The partners in Jackson & Nicholson, have negotiated or overseen negotiations in thousands of cases in traditional negotiations or in mediations. The partners have considerable experience with using structured settlements to resolve large cases.

Trial

The critical part of trial preparation is the accurate identification of cases with a significant possibility of trial and the assembly of the legal resources essential to try such cases properly. Jackson & Nicholson, has the experience to recognize the cases in which trial is more likely and assure that the proper resources are available for trial. The partners in Freimund, Jackson & Tardif have successfully tried dozens of cases to verdict with some trials over two months in length.

Appeals

Tort cases often have pivotal legal, procedural or evidentiary issues that require resolution on appeal. The successful appeal depends on effective initial case evaluation, discovery, motion practice and trial strategy. The partners at Jackson & Nicholson, understand how to posture cases for a winning appeal or for a more advantageous resolution in the event of a negotiated settlement.

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