Comments on: Shingular Sensations Series: Small Firm Lawyer Andy Simpson Wins Half Million Dollar Verdict Against Nation’s Biggest Law Firm, USDOJ

By: Andy Simpson

Andy Simpson — Sat, 22 Mar 2008 19:09:53 +0000

In the interview, I made reference to the DeCaire decision, in which the trial judge found discrimination on the part of the US Marshals Service but nevertheless found against the plaintiff. The US Court of Appeals for the First Circuit has now reversed that decision, so the plaintiff may yet prevail. The decision can be found at this link: http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=07-1539.01A

By: Andy Simpson

Andy Simpson — Sat, 22 Mar 2008 19:09:00 +0000

By: Andy Simpson (Counsel for Linda Valerino)

Andy Simpson (Counsel for Linda Valerino) — Sat, 09 Feb 2008 10:10:24 +0000

Mr. Nase’s comment indicates a misunderstanding of the evidence at trial. The DOJ did call some employees of the US Marshals Service to testify. Presumably, it called the witnesses it thought would best be able to contradict Ms. Valerino and did not call those witnesses that it thought were less credible or who were going to have a particularly difficult time when I cross examined them. The problem with the government’s case is that even the witnesses it did call were not credible. It is a very bad sign for your case when the jury is openly laughing at your key witness’s answers during cross examination.
In short, the entire case did not rely upon Ms. Valerino. The Marshals took their best shot and called the US Marshal for the district at the time, along with a Chief Deputy US Marshal, a Supervisory Deputy US Marshal, and another Deputy US Marshal. Three of those witnesses attempted to present testimony that was damaging to Ms. Valerino (the fourth witness’s testimony was inconsequential); all were subjected to cross examination that made it clear to the jury that they were not to be believed. Indeed, one of the sub-themes of my closing was “Get your story straight” with reminders to the jury of how these witnesses contradicted both each other and their own prior sworn testimony.
I’m sure it is just a coincidence, but one of the witnesses who was on the government’s final witness list but not called to testify was a Deputy US Marshal named “Jim Nase.” Ms. Valerino testified that she overheard Mr. Nase (the one who worked for the US Marshals Service) say, “I’m not working for a female supervisor. I can stoop pretty low.” Although my case was obviously easier without having anyone to contradict this testimony, as a trial lawyer who relishes a good cross exam, I was disappointed that the government did not call him as a witness. As I said in the original interview, “I think that was a smart decision, because the cross examination would have been extraordinarily damaging.”

By: Andy Simpson (Counsel for Lind

Andy Simpson (Counsel for Lind — Sat, 09 Feb 2008 10:10:00 +0000

By: jim nase

jim nase — Thu, 07 Feb 2008 22:37:38 +0000

Since the DOJ did not put any of it’s witnesses on, How could the plantiff not win? The attorney’s startegy worked well, however, this entire case relies on Valerino. What she saw said to the psycologists and what she said, with out oposition. What if most of it was not true? Does this still rate a good story?

By: jim nase

jim nase — Thu, 07 Feb 2008 22:37:00 +0000

By: Greg May

Greg May — Sun, 27 Jan 2008 06:35:12 +0000

Like Scott, I think the deposition strategy was very clever.
And I think this cleverly-named “Shingular Sensations” feature will be a winner!

By: Greg May

Greg May — Sun, 27 Jan 2008 06:35:00 +0000

Like Scott, I think the deposition strategy was very clever.
And I think this cleverly-named “Shingular Sensations” feature will be a winner!

By: Scott Johnson

Scott Johnson — Tue, 22 Jan 2008 12:24:16 +0000

Carolyn: this interview feature is outstanding. I very much enjoyed reading the behind-the-scenes info. I liked the tip about the advantages of taking no depositions! What an unconventional, daring strategy that worked wonders in this case.

By: Scott Johnson

Scott Johnson — Tue, 22 Jan 2008 12:24:00 +0000