Trial Pros: Epstein Becker’s David Garland


David W. Garland, a Member of the Firm in the Employment, Labor, and Workforce Management practice and Chair of the firm’s National Labor and Employment Steering Committee, authored a Q&A article in Law360 titled “Trial Pros: Epstein Becker’s David Garland.” (Read the full version – subscription required.)

Following is an excerpt:

Q: What’s the most interesting trial you've worked on and why?

A: Most cases that get to trial are interesting — so that’s a difficult question to answer. I would have to say though that the most interesting cases tend to be the most challenging. How do you persuade a jury not to feel sympathetic toward a plaintiff who died before trial and the trial judge allows her attorney to parade her photo in front of the jury as part of his closing? How do you prevail in a termination case when the decision-makers are unavailable for trial and were not deposed by your predecessor counsel? I’ve experienced both — and won both cases. In the second case, we successfully used exceptions to the hearsay rule to show that the termination decision was made before the decision-makers became aware of the plaintiff’s medical problem. The jury deliberated for only about an hour before returning a verdict for the employer.