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Just Verdicts

Brendan Lupetin

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Your client’s been wronged, and they want justice. Just wait for the wrongdoer to accept responsibility? Yeah, right. You need answers to questions like “What really happened?” and “Why did it happen?”. And whatever bad thing happened, you want to ensure it doesn’t happen again. It takes the right strategies, tactics, and grit to get the just outcomes your clients deserve. Hosted by Pennsylvania medical malpractice attorney Brendan Lupetin, a founder of Lupetin and Unatin, Attorneys at Law i ...
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When an insurance company told an injured driver to “take it or leave it,” the team at Janssen Law took the company to trial. In this case breakdown with host Brendan Lupetin, Bob Janssen, Ryan Froelich, and Bob’s son Zach Janssen explain that the insurer offered $45,000 – while their client had $93,000 in medical bills alone. They faced challenges…
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“Have you seen this record?” Sam Martin asked trial partner Nathan Werksman. “This is unbelievable.” That record? "So far, there is no plan.” It became the theory of liability that the team leveraged against a surgeon whose 23-year-old patient died from abdominal compartment syndrome. Host Brendan Lupetin explores how the former Stanford Law School…
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When a 900-pound flail mower crushed a Delaware Department of Transportation mechanic, the defense claimed it was his fault and insisted his return to work proved minimal injury. When Dave Kwass sued the mower manufacturer, he exposed defense lies and revealed missing evidence. He also took jurors on a journey through the company’s history – includ…
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In the second Trial Nugget devoted to punitive damages, host Brendan Lupetin breaks down Goretzka v. West Penn Power, in which a woman was fatally electrocuted when a power line fell on her. Brendan reads key moments from the punitive section of Shanin Specter’s closing argument, including when he reframed West Penn Power’s $244 million net worth. …
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At Blankingship & Keith, they often say: "There's a smoking gun in every case; just, sometimes, you don't find it." With tenacity and strategy, a firm team found smoking guns in their recent case against a commercial trucking company. The team – Rob Stoney, Chidi James, Barkley Horn, and Matt Tsun – uncovered inspection failures that allowed a truc…
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The hospital had a good policy that would have prevented a 67-year-old woman from being prematurely discharged. Instead, she was discharged and found dead 12 hours later. Host Brendan Lupetin unpacks this wrongful death case with the trial team of Dorothy Dohanics, Carmen Nocera and Ben Cohen. Tune in to hear how Dorothy's meticulous discovery work…
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In the first of a two-part series about approaches to arguing punitives, host Brendan Lupetin focuses on Mark Lanier's $9 billion verdict against Takeda Pharmaceuticals. Brendan breaks down the three-part strategy that ensured Mark’s success: emphasizing the purpose of punitive damages beyond compensation, empowering jurors to understand their verd…
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Host Brendan Lupetin tackles the strategic paradox every trial lawyer faces: how to emphasize your strongest evidence through repetition without annoying jurors who hate lawyers who "say the same thing over and over." Drawing extensively from David Ball's "Theater Tips and Strategies for Jury Trials," Brendan explains the critical distinction betwe…
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When Jordan Strokovsky received a call about a 27-year-old medical assistant who lost his leg at Temple University Hospital, he knew within minutes something wasn't right. In this breakdown of his career-defining $25.9 million verdict in Parks v. Temple University Hospital, Jordan reveals to host Brendan Lupetin how he transformed a damages-only ca…
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While representing a client who lost his foot after relying on his employer’s medical helpline, Helen Lawless and the trial team realized that the helpline did “exactly what it was supposed to do.” And their strategy was born. In this case breakdown with host Brendan Lupetin, Helen explains that the helpline was actually a lucrative business model …
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Host Brendan Lupetin breaks down two powerful psychological principles that can transform your trial strategy: the focusing illusion and the framing effect. Drawing from cognitive research and courtroom experience, Brendan explains that jurors focus on what's presented as most important – and lawyers who don’t control the jurors’ focus leave their …
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A $25 million medical malpractice verdict came from strategies most attorneys would reject: omitting economic damages entirely, using minimal medical literature, and framing informed consent to transcend political divides. Katie Bertram and Kieran Murphy of Bertram & Murphy dissect their victory with host Brendan Lupetin. The attorneys reveal how f…
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"We're big believers in looking at cases and trying to drive the value we believe they're worth," says Eric Chaffin about the $130,000 verdict he and Justin Joseph secured when the insurance company offered just $10,000. Host Brendan Lupetin explores how the trial partners transformed a "typical" meniscal tear case into a compelling human story. Us…
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"We don't know and we don't care how Mike came into contact with that raft," trial lawyer Mike Calder told jurors in a case many attorneys had rejected. In this conversation with host Brendan Lupetin, Mike and trial partner Jon Perry of Perry Calder dissect their $19 million verdict for a 21-year-old who became quadriplegic after a swimming pool ac…
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When a 64-year-old man with classic stroke symptoms was misdiagnosed with Bell's Palsy, his care was delayed by 19 critical hours. Host Brendan Lupetin interviews classmates-turned-colleagues Ben Cohen and Carmen Nocera about their $856,000 medical malpractice verdict in Washington County, PA. The young attorneys reveal how they exposed contradicti…
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In this trial nugget, Brendan Lupetin challenges the notion that trial lawyers must deliver openings and closings completely from memory. Drawing inspiration from James Humes' book "Speak Like Churchill, Stand Like Lincoln," Brendan introduces the "power reading" technique used by communicators from Ronald Reagan to Rick Friedman. This approach com…
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"It's a stroke of the leg, ladies and gentlemen." When critical limb ischemia struck their client Kirt, every minute counted—yet the county's only vascular surgeon remained at a wound care center despite multiple emergency calls. In this breakdown of their recent $2.2 million verdict, host Brendan Lupetin, partner Greg Unatin, and associate Garrett…
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Brendan Lupetin offers a practical strategy for explaining "increased risk of harm" causation to jurors in medical negligence cases. Using relatable examples like a Steelers game and a house fire, he demonstrates how to transform this challenging legal concept from a technical hurdle into a powerful asset. Brendan emphasizes the importance of intro…
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Trial lawyers John and Alicia Campbell join Brendan Lupetin to discuss how data analytics is transforming case evaluation and jury selection. The founders of Campbell Law and co-authors of “Jury Ball: The Big Data Revolution Is Here” explain their pioneering approach of using large sample studies to predict jury behavior, identify case values, and …
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In this Trial Nugget, host Brendan Lupetin discusses how trial lawyers can leverage AI tools like ChatGPT to simplify complex legal concepts for juries. As one example, he focuses on the "increased risk of harm" causation framework in medical malpractice. What’s a compelling, relatable way to explain that legal standard to a jury? Brendan shares a …
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Host Brendan Lupetin interviews the creators of Predict, a jury research and analytics tool available through Precise Trial. Pete Mansmann is the CEO of Precise Trial and Rich Epstein and Oscar McKnight founded a consulting firm called Scientific Legal Services that uses statistical data to predict the outcome of litigation. As Rich explains, Predi…
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Perfectionism isn’t just unrealistic; it can also be your undoing. In this Trial Nugget, Brendan Lupetin describes the dangers of clinging to illusions of a “perfect” trial. One risk? Missing opportunities at the real one. Tune in as Brendan recaps Chapter 9 of Rick Friedman’s "Becoming a Trial Lawyer" and offers a cure for perfectionism. Spoiler: …
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In two decades of practicing law, host Brendan Lupetin hasn’t undertaken binding arbitration in a med-mal case. Sud Patel, past president of the Pennsylvania Association for Justice and leading trial lawyer at Fanelli, Evans & Patel, recently had two successful outcomes. So Brendan invites him to share his insights for plaintiffs’ lawyers with litt…
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Brendan discusses the concept of simplicity in trial advocacy, drawing from the book "Becoming a Trial Lawyer" by Rick Friedman. He emphasizes the importance of presenting a simple, easy-to-understand case theme and streamlining evidence to connect with the jury. Produced and Powered by LawPodsBy Brendan Lupetin
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When the software developer for Pennsylvania’s medical marijuana system decided to fire its minority-owned subcontractor after three years, it pointed to a provision in an old contract. Representing the subcontractor, Gary Green called the contract “trash.” Over and over, maybe 50 times. “They're going to come in here blowing smoke like crazy. And …
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Don’t ask prospective jurors if they hate lawsuits; you won’t learn anything about them. Don’t talk about damages early on; you’ll only rub them the wrong way. And don’t make rules like, “I never have ‘X’ on a jury”; you could waste a peremptory strike on a potentially great juror. Renowned jury consultant Harry Plotkin, of Your Next Jury, has seen…
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The gods gave Clancy Boylan and his team at Morgan & Morgan a few gifts in their case against a truck driver and his employer. Clancy’s client was riding his mountain bike across a road when the truck hit him, leaving him with catastrophic injuries. One gift was the defense’s tone-deaf examination of Clancy’s client. Another was Clancy catching a t…
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Tom Bosworth and Ben Phelps, of Bosworth Law, took calculated risks in their case against a staffing company and the driver it hired, who was taking employees of a potato chip factory to work when his van rolled over in a downpour. Several workers were injured or killed. They did not, for example, call an expert on economic damages. Nor did they pu…
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Cheryl Pschirer was a lifetime smoker, at the end of her working life, adult children, no surviving spouse. “So some of the facts were stacked against us,” recalls Rudy Massa. “We had to, in essence, try to make this case about something more than that, and that’s where the early detection and the lost chance of life comes in.” Rudy and Devyn Lisi …
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Dominic Guerrini of Kline & Specter discusses the $7.1 million verdict he recently secured for a young woman rendered legally blind after a radiologist misread a CT scan image. With host Brendan Lupetin, Dominic breaks down how he managed the case with multiple defendants, why he decided not call the defendant radiologist to testify, and how consul…
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When David Kwass represented the estate of a golf pro who was killed during a fierce storm that swept through the Philmont Country Club, he faced at least three significant hurdles. Was Justin Riegel’s infant, born out of wedlock to Justin’s girlfriend, really his heir? Who was Justin’s employer? And was an “act of God” responsible for the storm? B…
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Despite challenges including an absent plaintiff, an expert witness’ last-minute withdrawal, and a death certificate identifying Covid as the cause of death, Reza Davani secured a $1.5 million verdict for pain and suffering. In this conversation with host Brendan Lupetin, Reza shares how he exposed the nursing home’s negligence that led to the deat…
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Almost 6,000 pounds of copper wire falls on a railroad electrician, causing debilitating personal injuries. Defendant Southeastern Pennsylvania Transportation Authority admits liability. The catch? The injuries aren’t clearly visible, and the defense leans into this. How does the plaintiff’s lawyer convey the catastrophic extent of the injuries to …
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“Come and get me! Come and get me!” That’s what the 34-year-old man suffering from a mental health breakdown told state troopers responding to his family’s call for help. At least that’s what one of the troopers testified during cross-examination in federal court. Attorney Noah Geary brought civil rights claims against the trooper, arguing that he …
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Gasoline is refined from crude oil that contains benzene, a known carcinogen, but oil companies have long considered removing benzene from the gasoline manufacturing process a “dollars-and-cents” decision. Jurors considering whether ExxonMobil’s gasoline caused a Pennsylvania man’s leukemia made this decision: $725.5 million for the plaintiff. Andr…
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An inexperienced physician’s assistant misdiagnosed Richard Godshall and Christine Clarke’s client. But when they tried the case, they took it in an opposite direction than many would expect: not from the incident up, but from the top down. In the end, the Clarion County jury awarded their client $7 million. In this conversation with host Brendan L…
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People go to hospitals to have their injuries treated. Unfortunately, however, sometimes patients are injured through the hospital’s negligence. On this episode of Just Verdicts, host Brendan Lupetin is joined by Pittsburgh med-mal attorney Sandra Neuman of Sandra Neuman Law to discuss a $1.4 million verdict she recently secured for an injured clie…
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“There's no glory in trying to make something out of nothing. Cases are won and lost on the facts. If you don't have a good case, you're not going to win that case 99.9 percent of the time.” In this episode of Just Verdicts, host Brendan Lupetin is joined by Kila Baldwin, shareholder at Anapol Weiss. Kila has been involved in a number of high-profi…
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Slip-and-fall cases benefit from being “off code”–dialing down aggression and slowing things down. Especially when there’s no clear evidence of a premises violation, building credibility (yours and your client’s) is the best way to proceed. In this episode of Just Verdicts, host Brendan Lupetin is joined by slip-and-fall attorney Scott Perlmuter of…
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“Another one for the books.” How do you get a $2.5M verdict on two shoulder surgeries? It comes down to telling a compelling story to motivate the jury. In this episode of Just Verdicts, host Brendan Lupetin is joined by the show’s first returning guest, trial attorney Clancy Boylan of Morgan & Morgan. Tune is as Brendan and Clancy break down Clanc…
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A product intended to ensure safety should not be the source of an injury. In 2023, veteran trial attorney Wesley Ball of Farrar & Ball LLP helped secure a verdict against a car manufacturer that put defective seat belts in their cars. In this episode of Just Verdicts, Wes tells host Brendan Lupetin how he prevailed on behalf of a client whose deva…
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Fighting for what is right can be difficult. But that fight is worth it when justice is done. In this episode of Just Verdicts, host Brendan Lupetin is joined by Philadelphia injury attorney Tom Bosworth to discuss the case of Diane Melendez, whose undiagnosed condition caused her to experience extreme pain and lose her job. Tom recalls impeaching …
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In Pennsylvania, plaintiff lawyers call Fayette County “Fayette-Nam.” They say jurors are anti-establishment. They say it’s one of the toughest counties in the Commonwealth. They say job one is to get their case out of Fayette County. James Tallman and Tom Crenney tried their med mal case in Fayette County. They won. In this episode of Just Verdict…
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Mark Schultz has regularly utilized focus groups for over 35 years and has become a firm believer in their necessity as part of the discovery and trial preparation process. On this episode of Just Verdicts, host and med mal litigator Brendan Lupetin, is joined by Attorney Mark Schultz, founder of Keystone Focus Trial Consulting. After four decades …
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We’ve heard for a while now that the “piss-off factor”–getting the jury angry, is probably the single biggest factor in driving verdicts in most cases. But what is the biggest driver of the “piss-off factor”? Defendant’s refusal to accept responsibility when there’s clear liability. On this episode of Just Verdicts (formerly Trial & Medical Error),…
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How do you go from a $130k settlement offer to a $3M verdict on a case that was originally a garden variety slip-and-fall-hip-fracture-in-a-nursing-home case? On this episode of Just Verdicts (formerly Trial & Medical Error), host and med mal litigator Brendan Lupetin, is joined by personal injury attorneys Kelly Ciravolo and Jamie Anzalone of Anza…
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The best trial lawyers are the ones who can spot the big picture and then figure out a strategy to use that to tip the case to their side. On this episode of Just Verdicts (formerly Trial & Medical Error), Brendan Lupetin interviews Ben Gideon, a med mal trial attorney from Maine who is a member of the Inner Circle of Advocates and co-host of Elawv…
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While there are certain venues you’d like to avoid, if possible, you just can't control where your client was injured. Our clients deserve justice no matter where malpractice happened. On this episode of Just Verdicts (formerly Trial & Medical Error), Brendan Lupetin interviews Victor Pribanic, a trial lawyer at Pribanic & Pribanic in Western Penns…
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There's nothing “alternative" about the mediation process anymore. Trials are the alternative because settlements and mediations far outweigh the cases that are being tried. In this episode of Just Verdicts (formerly Trial & Medical Error), med mal litigator Brendan Lupetin talks with John Noble, a prolific and highly sought-after mediator in the C…
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Being prepared for trial conveys the message that your case is important. So when you have a limited window of time to present your case to the jury, you better not wing it. On this episode of Just Verdicts (formerly Trial & Medical Error), med mal litigator Brendan Lupetin interviews Ryan McKeen, the Co-founder and CEO of Connecticut Trial Firm, L…
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