Attorney Blames Loss On Trash Talking Opposing Counsel

Is this just sour grapes?

Last week, Goodyear Tire lost a $40.1 million asbestos verdict, and now the defense attorney is blaming the loss on the trash talking that plaintiff’s attorney did during the trial.

According to a report from the New York Law Journal, Goodyear’s attorneys complained that Daniel Blouin, of Simmons Hanly Conroy, dropped a “steady stream of insults” and made “reprehensible attacks,” “incurable character assassinations,” and “outrageous remarks.” Sounds like a fun trial.

According to the post-trial motion filed by the defense, it was all part of Blouin’s trial strategy:

“At this point it must be clear to the court, as it is to Goodyear Tire, that such behavior is Mr. Blouin’s modus operandi,” wrote defense attorney James Lynch, of New York’s Lynch Daskal Emery. “Plaintiff’s counsel’s goal was to leave the jurors with an unfairly negative impression of Goodyear Tire, right before shifting to the phase of their summation on the emotionally charged topics of recklessness and damages and to leave it fresh in their minds during deliberations.”

The defense didn’t just wait until after the trial to complain about Blouin’s behavior. Trial transcripts reveal Lynch requested (and was denied) a mistrial for similar comments about the defense throughout the trial:

[New York Supreme Court Judge Lucy Billings] told Lynch, “I have admonished Mr. Blouin repeatedly in the jury’s presence.”

“He doesn’t listen,” Lynch replied.

“I understand. I’m equally frustrated by his conduct,” the judge said.

For his part, Blouin is happy with the jury’s verdict and sees the motion as sour grapes:

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“The case was decided by a judge and jury. It is unfortunate when an attorney loses a case and feels the need to undermine the court system with personal attacks in the media. Although the court has already denied the defendant’s motion to dismiss in this case, we will further oppose any additional motions.”


headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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