1E9Ct5D

obstructive in discovery, especially in videotaped depositions. Extra care should betaken to couch litigation positions sensitively, with the understanding that every moveyou make is under a microscope.K. Seeking a Judicial Gag OrderMost publicity surrounding catastrophic litigation is sensationalist and bad fordefendants. Defensive positions are complicated to explain and usually not worthy ofsound bites. Consider asking the court to impose a gag order to prevent lawyers,parties, and witnesses from talking to the media.The U.S. Supreme Court first approved the use of gag orders on trial participants in1966. Since then, there have been several notable cases involving these orders andthe scope and standards for issuing them. Generally, if a party can show that publicitymay taint the jury pool or otherwise interfere with the right to a fair trial, the trial court willserious consider issuing a gag order. 30L. Considering Surgical Dispositive MotionsIt is too easy for experienced defense counsel to look at a complicated lawsuit andconclude at the outset that “this is not a summary judgment case.” However,catastrophic litigation often involves aggressively postured, but perhaps tenuous, factualand legal arguments. At the earliest possible moment, consider filing a motion for30 Sheppard v. Maxwell, 384 U.S. 333 (1966). Attorneys must also be aware of their state barassociation’s disciplinary rules to the extent this subject is addressed.