Kurt Zaner – Trial losses: They Make You or Break You. You Decide

"I lost a huge trial and it was a very sobering and depressing, challenging verdict to receive," recalls Kurt Zaner in a candid conversation with host Dan Ambrose. After 20 consecutive civil trial victories, Kurt shares the hard lessons from his first defense verdict in a six-week ethylene oxide exposure case. Tune in for his insights about how even elite trial lawyers must continually refine their approach to cross-examination, witness sequencing, and jury selection. He will teach these refined techniques at TLU Beach (June 4-7), leading a premises liability masterclass and interactive workshops on creating courtroom drama.

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Episode Snapshot

• After 20 consecutive civil trial victories, Kurt faced his first loss in a six-week toxic tort case involving ethylene oxide exposure from a medical equipment sterilization facility.
• The defendants' regulatory compliance defense proved challenging as jurors were swayed by evidence that Terumo followed government requirements.
• Kurt identified key areas for improvement, including more focused cross-examinations, better witness control, and spending more time probing regulatory compliance issues during voir dire.
• For his next trial in the series, Kurt plans to streamline the case from six weeks to three weeks, believing that longer trials can lead to jury fatigue and forgotten testimony.
• Kurt emphasizes the importance of relying more on co-counsel rather than taking on 80% of the witnesses, which left insufficient preparation time between witnesses.
• Kurt will teach a premises liability masterclass at TLU Beach, covering case selection, expert witness identification, deposition strategy, witness sequencing, and creating drama in trial presentations.
• Kurt sees the defeat as an opportunity for growth, quoting former Navy SEAL Jocko Willink: "You missed something? Good. You lost a trial? Good."

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