by Michael F. Pezzulli Recently I represented and tried a case on behalf of a young woman who had been the victim of a horrific attack by her ex-boyfriend. The facts of the case revealed that over the course of an attack that…
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Articles Posted in Jury Trials
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Where Have All the Gunslingers Gone?
by Michael Pezzulli1 In the United States, one of the great defining aspects of this country is the constitutional right to a jury trial. Nearly all-civil jury trials and ninety percent of criminal jury trials on the planet take place in the United States.2 The most stunning and successful experiment…
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Patent Trolls and The Innovation Act
by Michael Pezzulli1 In an earlier article, I discussed why Patent Trolling has been problematic for so many in the patent ecosystem. Fortunately, help may be on the horizon. Currently there is a bill in the U.S. Congress called the “Innovation Act.”2 The Innovation Act is significant in that it…
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A Practical Guide to Presenting and Defending a Spoliation of Evidence Case
By Michael F. Pezzulli and Charles J. Fortunato 2016 American Bar Association Annual Meeting, Tort & Insurance Section Spoliation of evidence seems to be on the rise. But the emergence of case law on the subject has made it easier to identify and address the problem. What is spoliation of…
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Criminal Law and Civil Litigators: A Review of Three Little Known Federal Statutes and Parallel Prosecution
By Michael Pezzulli and Charles J. Fortunado State Bar of Texas: Advanced Creditors’ Rights presentation – September, 1996 In the past ten years, the gulf between criminal practice and civil practice has narrowed considerably.There are several causes for this. One is the explosion of white collar criminal litigation. More pervasive…
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Personal Property and Real Estate Foreclosure Laws in Texas
By Michael Pezzulli Business and Consumer Litigation Practice Skills Course presented to The State Bar of Texas, June 2016 Texas is extraordinarily lender-friendly when compared to other states. The ease with which a lender can gain title to a borrower’s real estate through nonjudicial foreclosure in Texas is unrivaled. Lenders…
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An Ill Wind Blows Into Town: U.S. Supreme Court Rules State Courts Have Concurrent Jurisdiction Over RICO Claims
By Michael F. Pezzulli Discussion of the U.S. Supreme Court decision relating to concurrent jurisdiction in Racketeer Influenced Corrupt Organizations (RICO) claims. Presented to Dallas Bar Association, Business Litigation Section. Federal courts are turning increasing attention to the continuity of the pattern of racketeering activity. The United States Supreme Court…
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Presenting Evidence in Texas Litigation: Tactical Use of Discovery and Claims of Privilege As a Sword and a Shield
By Michael Pezzulli and Charles J. Fortunado Advanced Evidence and Discovery: Presented to the State Bar of Texas An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body…
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We’ll Know It When We See It: Good Cause for Failure to Supplement Discovery Texas Rules of Civil Procedure
By Michael Pezzulli and Charles J. Fortunado How to admit or exclude evidence in Texas litigation when not disclosed to the client in a timely manner: Advanced Evidence and Discovery Course presented to The State Bar of Texas. An uncritical reading of the various opinions dealing with the use of…
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Real Property Deficiency Judgments
by Michael Pezzulli How to defend against and prosecute foreclosures of real property in the State of Texas: 4th Annual Advanced Creditors’ Rights Course presented to The State Bar of Texas This paper will address real property foreclosures and deficiencies under Texas law as compared to other states. Mention is…