Litigation Partner Wins Cases the Old-Fashioned Way: By Taking Them to Trial

FLB Law      Dec. 13, 2013

It has been suggested that the “Golden Age” of Trial Attorneys is over. The sheer volume of civil lawsuits has changed trial practice, with an increased emphasis on mediation, arbitration or settlement to avoid trial. At the same time, the perceived costs of trying cases before a jury, coupled with the concerns over uncertainty and nervousness over run away jury awards deter many defendants from pursuing cases to final verdict. With reasonable parties and known and ascertainable risks, alternative dispute resolution has a valuable place in the court system. At the same, there are still some cases that simply “have to be tried.” In such cases, FLB’s clients can rely upon attorneys who know how to try cases and to protect their interests in the courtroom.

One FLB shareholder has recently taken a number cases to trial. Over the course of twelve months (June 2012 – June 2013), FLB shareholder Joe D’Amico successfully tried four separate cases to jury verdicts.  These four trials made up  just a part of his efforts in a busy practice.  Joe, who prefers to refer to himself as a “trial attorney,” rather than a “litigator,” (which has come to be associated with attorneys who “litigate” cases through discovery and motion practice, but prefer not to set foot in a courtroom) also has a busy non-jury and arbitration practice.

One of the recent trials involved a multi-million dollar suit where Mr. D’Amico represented a Fortune 300 publicly traded company. The case included claims of an alleged breach of contract among other theories of liability leveled against the defendant. Following a lengthy trial, a Northampton County jury rejected the plaintiff’s claims and found in favor of the firm’s  client. In the same busy period, Joe  also tried  three separate jury trials in multiple counties on behalf of a major regional retailer defending itself against claims of negligence and personal injury. In each of those trials, the allegations of injury and the plaintiffs’ claims for compensation were substantial. There were legitimate obstacles for the defense to overcome in each case. However, hard work, rational advocacy and a thoughtful approach borne of experience and confidence, led to successful outcomes across the board. All three juries, in several distinct counties,  found in favor of the defendant Joe represented.

Mr. D’Amico’s trial and appellate experience and practice encompass a wide variety commercial claims, such as breach of contract, construction litigation, professional negligence involving insurance/producer issues, real estate litigation, personal injury,  and workers’ compensation defense.

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