Need Legal Advise?

Need Legal Advise?
Attorney Jason L. McCoy

Monday, April 24, 2017

Advanced Trial Tactics - Presented by Jason L. McCoy in Hartford — April 25, 2017 KEY Code CS Hartford: 75460

Jason L. McCoy, Vernon Connecticut  Advanced Trial Tactics - Hartford, Connecticut — April 25, 2017
Advanced Trial Tactics - Hartford, Connecticut — April 25, 2017 Attorney Jason L. McCoy

9:00 - 10:15, Written by Jason L. McCoy.Presented by Jason L. McCoy in Hartford

A. Preparing for Jury Selection -
Researching Your “Target Audience”
(Venue, Juror Pool Demographics,
Creating Your “Ideal Juror,”
Drafting Surveys/Questionnaires, etc.)

B. Preparing the Pre-Trial Order

C. Introducing Your Case During Jury Selection

D. Bringing to the Surface and
Overcoming Juror and Judicial Biases

E. Reading the Vital Non-Verbal Signals
Jurors are Sending

F. Peremptory and For-Cause Challenge Tactics

10:30 - 11:30, Written by Jason L. McCoy.Presented by Jason L. McCoy in Hartford

A. Maximizing the Impact of Opening
Statements (Introducing Case Theme
and Key Case Parties; Laying out the Sequence
of Events; Introducing Supporting and
Damaging Evidence; Preparing Judge and
Jury to Focus on Specific Elements of
Trial Presentation; Opening Techniques
That Simply Don’t Work, Cutting Out
Unnecessary Clutter)

B. Preparation Tips for Direct Examination
(Establishing the Main Theme; Organizing
the Order of Testimony; Preparing Witnesses;
Formulating Effective Questions)

C. Areas of Direct Examination
(Specific Approaches to Impeachment,
Fact Testimony, Expert Testimony, Causation,
Liability, Damages, Foundation, etc.)

D. Persuasive Witness Testimony - How to:
1. Develop the Story
and Make it Interesting
2. Integrate a Theme
3. Adjust to the Specific Audience
4. Limit the Scope
5. Handle and Introduce Exhibits
6. Authenticate Documents
7. Humanize Your Witness
8. Anticipate and Neutralize

E. Is Interim Commentary Allowed?
How to Use it Well

11:30 - 12:45, Written by Jason L. McCoy.Presented by Jason L. McCoy in Hartford

A. What to Include

B. Length and Style Tactics

C. Use of Pace and Voice Inflection
to Emphasize Key Elements

D. Addressing the Weak Points of the Case

E. The Verdict Sheet/Jury Instructions -
Clearly Asking for What You Want

Holiday Inn Hartford Downtown Area
100 East River Drive • East Hartford CT 06108
Phone: 860-528-9703

JASON L. McCOY is the principal of The McCoy Law Firm, with offices in
Vernon, Hartford, Waterbury, and New Haven. Mr. McCoy is a civil trial lawyer
who represents plaintiffs in product liability actions, defective premises actions,
inadequate security cases, drug litigation, tractor trailer wrecks, wrongful death
actions, and motor vehicle wrecks and commercial litigations. He and his firm
also practice in the areas of real estate law, bankruptcy law and criminal
defense. Mr. McCoy is a presidential member of the American Association
for Justice (formerly ATLA); a member of the Board of Governors for the
Connecticut Trial Lawyers Association (Education Committee); a member
of the Tolland, Connecticut and American bar associations; and the
Million Dollar Verdict Forum. Mr. McCoy has presented nationally to members
of the American Association for Justice in its Litigation at Sunrise program
on inadequate security case involving gun shot victims. He has also presented
to the Connecticut Trial Lawyer Association on several occasions on such
topics as focus groups, story telling and closing arguments, legal emergencies,
and handling cases in federal court.

Tuesday, December 13, 2016

Controversy over Election 2016 and False Logic

Rhetoric and Allegation related to Russian hacking claimed correlation to an impact on the US Presidential election seems to miss interpret intelligence statements by the CIA.  The premise of the rhetoric leads to false logical correlation.  The statements touted by the democrats are attributed to the CIA are that the illegal hacking impacted the election.  The statement is that there was hacking.  If I understand the world today, the country hack each other.  It’s the release of the information to the public, not the tampering with voting.  If there was tampering with voting that is one thing.  But the October surprise here was Weiner and his wife laptop with all of Hillary’s emails backed up on it which was really the reminder to the Nation that Hillary Clinton mishandled classified information.  It was highlighted for voters.  All non-classified information would be subject to FOI but Clinton destroyed it.  Remember that Obama and Clinton were allowing the government to monitor US citizens telephone and electronic communications.  But remember who put that information out in the public – it was the New York City Police Department and other Weiner investigators. 

Obviously the hacking of email accounts and servers is illegal. Ask the Sarah Palin high school hacker.  However the information obtained could have been obtained by bring a bill of discovery especially if the was fraud involved which clearly there was at the DNC when the DNC officials were attempting to rig the democratic convention.  The DNC is a private entity and required to abide by the DNC rules. Giving questions to one candidate in a debate over another candidate is certainly a form of rigging or fraud on the public.  Further Clinton’s public emails are public information and the misappropriation or misuse of public information could be subject to several causes of action by members of the public. It can be bothersome and time consuming but you have to turn over.   

While the subpoena of webmail accounts is not illegal according to the Justice department and its treatment of information stored on systems not under the control of the users and/or based upon the policy of the third party provider (i.e. google or yahoo) the information can be easily and lawfully obtained.

As this relates to Hillary Clinton, her handling of classified information, only illuminated or highlighted the reason why the our national intelligence back up to the cloud by Hillary Clinton which included national security classified information on a third party system in the Norwalk CT data storage company Datto Inc.   Take a look at Datto Inc., privacy policy from 2014 essentially indicates that it will turn over information based upon a lawfully served subpoena. 

According to the New York Time September 28, 2013 article “disclosures add to the growing body of knowledge in recent months about the N.S.A.’s access to and use of private information concerning Americans, prompting lawmakers in Washington to call for reining in the agency and President Obama to order an examination of its surveillance policies. Almost everything about the agency’s operations is hidden, and the decision to revise the limits concerning Americans was made in secret, without review by the nation’s intelligence court or any public debate.”  The NY Times stated that “the legal underpinning of the policy change, she said, was a 1979 Supreme Court ruling that Americans could have no expectation of privacy about what numbers they had called. Based on that ruling, the Justice Department and the Pentagon decided that it was permissible to create contact chains using Americans’ “metadata,” which includes the timing, location and other details of calls and e-mails, but not their content. The agency is not required to seek warrants for the analyses from the Foreign Intelligence Surveillance Court.”

To circle back to the logic did it impact the election?  No not really.  Does the release of public information or information which relates to potential fraud claims or rigging claims which are subject to investigation through a bill of discovery make people more informed, probably not since they already made up their minds.  Remember there has been no denial that the information is false or incorrect by the parties hacked.  The highlighting of the Clinton violations by Weiner and his wife’s laptop as part of an investigation merely served as a reminder not by a foreign government but by New York City Law Enforcement during its investigations of Weiner’s predatory conduct of minors. 

Did the New York Times try to influence the election?  Isn’t one if it major shareholders a Mexican billionaire (actually one of the richest people on earth) who has control over the Mexican government and its telecommunication systems.  HMMM? 

Sarah Palin’s yahoo webmail account was hacked by some high school kid back in 2008.   John Podesta email account was a gmail account, or a web mail account like General Petraeus web mail account.  Podesta’s emails were certainly obtained illegally but it was a poor choice knowing what he knew about web email accounts.  Also remember this - who knows if the Clintons “lost” or “destroyed” laptops and IPhones and Blackberries were found by someone and the information obtained by turning them on.  Yes it is private and so was Billy Bush conversation.  But a third party had it so it went public. 

Does that information being made public change how people voted?  Does that influence the election?  Probably not.  The reason is the fact that the Electoral College went one way based upon multiple states proving States rights are alive – and the popular vote went the other way due to two large States New York and California; these results tell us that the release of the information really had no influence on the election. For those of us who looked at the polls read the underlying data and those of us who could not understand why the polling conclusions conflicted with the data – tells me- that there was no real influence.    I will note the conclusions of the pollsters where influenced by the releases of the hacked emails and the Weiner laptop but the underlying data before and after in those polls was not really did not change, the pollsters just over sampled and over emphasized certain data in their conclusions, just look at the polling data on real clear politics, they just did not balance the numbers.  I believe based upon the proper weighing of the polling data, essentially my opinion is - that this was why President Trump was saying that the election was rigged because if he lost it did not jive with the actual polling data that his campaign was collecting. 

Do hearing subject all of these sources to re-disclosure for confirmation that the information is true, that the primary was rigged and that the campaign manager has certain feelings about folks who vote that is not flattering or that Wieners laptop should be sifted thru, WELL I guess hearing would. 

Friday, September 23, 2016

LA Rams Want Conn. Ticket Suit Sent To Mo. - Jason L. McCoy of the McCoy Law Firm

 LA Rams Want Conn. Ticket Suit Sent To Mo.

"Law360, New York (September 23, 2016, 4:07 PM EDT) -- The Los Angeles Rams asked a Connecticut federal judge to send a suit brought by real estate lender RCN Capital LLC to Missouri federal court on Wednesday, where it can be handled alongside a similar, pending class action over the team’s seat licenses.

In its Wednesday motion, the Rams asked the judge to transfer the case, which accuses the team of misleading and defrauding ticket buyers who had purchased personal seat licenses before the Rams decided to leave St. Louis, to the Eastern District of Missouri.

The team claims that the Personal Seat License agreement at the heart of the claims in this suit contains a covenant that requires the case to be handled in that state’s court system, according to a memorandum in support of the transfer motion.

“The clear and unambiguous forum selection clause appeared on the face of all PSL agreements that governed licenses to the stadium in St. Louis,” the memorandum said. “Plaintiff itself signed transfer forms acknowledging that RCN Capital was bound by all the terms and conditions of the PSL agreements.”

Currently, the Rams added, a proposed class of St. Louis Rams season ticket holders’ suit is pending in Missouri federal court, which means that it would be more efficient to consolidate the cases. Those season ticket holders seek reimbursement for time left on the now useless seat licenses.

A separate motion to dismiss was also filed on Wednesday. The motion, filed as an alternative to the transfer motion, argues that RCN’s failure to adhere to the forum selection clause in the agreement warrants dismissal of the suit.

Representatives for both parties did not immediately respond Wednesday to requests for comment.

The South Windsor, Connecticut-based real estate lender filed suit in the state’s court on July 28, accusing the Rams of failing to honor the seat license the company paid for, selling the tickets it reserved and now charging higher prices for tickets. That suit was removed to federal court in late August.

Before the team moved, it sold RCN Capital a “charter personal seat license” to expire in 2025 for $238,350, the complaint said. The license entitled it to buy tickets for preseason and season tickets for Rams home games.

But the Rams now refuse to sell season tickets to RCN and have failed to provide the real estate lender with any notice that its season tickets have been revoked, according to the complaint that accuses the team of bad faith breach of contract and tortious interference with contractual relations and statutory theft.

RCN Capital is represented by Jason L. McCoy of the McCoy Law Firm.

The Los Angeles Rams are represented by Diane Westwood Wilson of Dentons.

The case is RCN Capital LLC v. The Los Angeles Rams LLC et al., case number 2:16-cv-01481, in the U.S. District Court for the District of Connecticut.

--Additional reporting by Joyce Hanson. Editing by Emily Kokoll."

Real Estate Co. Hits NFL’s Rams With Ticket Sales Suit

 Real Estate Co. Hits NFL’s Rams With Ticket Sales Suit

"Law360, New York (September 1, 2016, 3:54 PM EDT) -- RCN Capital LLC, a private real estate lender, has filed suit accusing the Los Angeles Rams of failing to honor the seat license the company paid for, selling the tickets it reserved and now charging higher prices for tickets.

South Windsor, Connecticut-based RCN Capital, in a July 28 suit that appeared in the state court docket on Wednesday, charged that the National Football League and the Rams misled and defrauded ticket buyers who had previously purchased personal seat licenses before the Rams decided this year to move to Los Angeles from St. Louis.

Before the team moved, it sold RCN Capital a “charter personal seat license” to expire in 2025 for $238,350, the complaint said. The license entitled it to buy tickets for preseason and season tickets for Rams home games.

But the Rams now refuse to sell season tickets to RCN and have failed to provide the real estate lender with any notice that its season tickets have been revoked, according to the complaint that accuses the team of bad faith breach of contract and tortious interference with contractual relations and statutory thef.

“The defendant Rams and the defendant NFL ... has a pattern and practice of accepting payments for purchase of season tickets in the primary market, selling the purchased season tickets to multiple parties, overselling the seating in the primary market, then holding on to the purchasers’ money, as an interest-free loan, using the money for a period of time and not delivering the tickets to all parties who paid for tickets in the primary market,” RCN charged.

In 1994, the Rams moved from Los Angeles to St. Louis, and in 2016 the team returned to L.A. and its old stadium, the L.A. Memorial Coliseum, which it hasn’t played in since 1979 and is in need of major repairs. Rather than renovate, however, Rams owner Stan Kroenke plans to build by 2019 a new $2.6 billion stadium on a different site that can accommodate a 300-acre complex with 80,000 seats.

Funding for the stadium is to come from charter personal seat licenses, Rams club memberships, NFL tickets and ticket options agreements, according to RCN Capital’s complaint.

Don Vaccaro,  founder of RCN Capital, told Law360 in an email that RCN had “no choice” but to file the action.

“The Rams’ treatment of the personal seat license holders is unconscionable and we believe violates both Federal and State laws,” Vaccaro said.

Representatives for the Los Angeles Rams did not immediately respond Thursday to requests for comment.

RCN Capital is represented by Jason L. McCoy of the McCoy Law Firm.

The Los Angeles Rams are represented by Diane Westwood Wilson of Dentons.

The case is RCN Capital LLC v. The Los Angeles Rams LLC et al., case number 2:16-cv-01481, in the Connecticut Superior Court, Tolland County, Connecticut.

--Editing by Patricia K. Cole"

Tuesday, September 15, 2015

Suburban politicians discuss primary process

Suburban politicians discuss primary process

Friday, June 5, 2015

Need Help Attorney Jason L McCoy 860 872 7741 Connecticut

Saturday, May 16, 2015

School Bus Crash Injury Claims - Connecticut - A few Things to Know

A few Things to Know about School Bus Accident Claims

 Did you know that there is a higher standard of care for school bus companies?

Often people just do not know their rights and have no idea about what is to come. I want people to understand the situation. I am writing this because yesterday I read about a bus crash on 384 in Manchester.  

Schol-Bus-Crash-Interstate-384-Manchester-Injuries-Children-Student Attorney Jason McCoy Vernon CT

Many people do not know that the public school buses are operated by private companies not operated by the public school system. Over the years I have represented victims and their parents against school bus companies and against their bus drivers. The biggest mistake made is not to hiring someone with expertise immediately after the incident.  Why? Because the video’s from the bus on the day of the incident needs to be secured and the evidence needs to be saved but the big student bus companies do everything possible to protect its big government contract as these companies first concern after a bus accident is the protection of its government contract and money not the victims and their families. I say the student bus company’s money because often it is self insured, which is permitted under the law, but little known.

These are big national student bus companies who often hire under trained drivers with little experience, who sometimes have bad safety records or bad driving records (among other things). The passengers are the reason these big student bus companies are paid so well. Many parents have no idea, until after the bus crash about how bad it is. My firm has handled claims for injuries suffered by children while riding school buses; people need to understand, that these type cases require immediate action to ensure that the bus company is not out trying to protect itself at the expense of the victim. Often these injuries manifest themselves differently with children than they do with adults. 
Attorney Jason L. McCoy Vernon CT Bus Accident Claims and the Law

Firms with experience like ours help these victims and protect the victim's rights. At the same time we work to expose the egregious manner of operation by these big student busing companies, which helps more than just the victim, it helps the potential victim

Connecticut Law
The law in Connecticut is on your side if a school bus crash does occur. But the carriers will first look to protect its bottom line. Here are some of the laws in Connecticut that are in place to protect  injured students and their families.  

The Conn. Gen. Stat. § 52-557c established the Standard of care applicable to owners and operators of school buses:

“The standard of 384 westbound in Manchester Connecticut applicable to the owners and operators of any school bus, as defined in section 14-275, or of any motor vehicle registered as a service bus transporting children to and from school or school activities, private or public camps or any other activities concerning the transportation of groups of children shall be the same as the standard of care applicable to common carriers of passengers for hire.”

The Conn. Gen. Stat. § 52-557 provides for a recovery for Injury to children being transported to school:

“In any action brought by any person for personal injuries received while being transported to or from school in a vehicle owned, leased or hired by, or operated under contract with, any town, school district or other municipality, it shall be no defense that such transportation is in the line of governmental duty or is mandated by the state. In any such action brought against any town, school district or other municipality, the defense of sovereign immunity shall not be available and it shall be no defense that the transportation was being provided by an independent contractor.”

The Conn. Gen. Stat. § 14-281c requires that a Report of serious accidents involving school buses or student transportation vehicles:

“In each serious accident involving a school bus or a student transportation vehicle as defined in section 14-212, the police officer who, in the regular course of duty, investigates such accident, shall immediately report such accident by telephone or otherwise to the Commissioner of Motor Vehicles. In the event of any accident in which an occupant of a school bus or student transportation vehicle is injured resulting in admission of such occupant to a hospital overnight, the police officer investigating the accident shall report such accident to the commissioner within twenty-four hours thereafter. For the purposes of this section, the term "serious accident" means any accident in which (1) any occupant of the school bus or student transportation vehicle is killed, or (2) a fire occurs in, or there is a roll-over of, the school bus or student transportation vehicle.”

In addition to the legal requirements of police investigation, parents of victims need to hire a law firm that will send out their own investigators, follow up on backgrounds, and gather witness statements. It is imperative that a letter is sent out putting the student bus carrier and the school on notice of the claim and demanding that the student bus carrier and the school preserve evidence such a video recordings and audio recordings and GPS tracking and operational reports.  Otherwise there may be a spoliation of evidence.  Also demand that any testing of the operator be preserved and made available to determine if drugs or alcohol was in play at the time of the student bus crash.  

My firm has handled injury claims involving children riding as passengers on school buses.  These claims require immediate action.  Injuries involving children manifest themselves differently than they do with adults. My firms has experience school bus crash cases and the victims. We work to expose the egregious manner of operation by these big student busing companies and compensate the victims.   

You may reach us at the Law offices of Jason L. McCoy, LLC 
(860) 872-7741.