David Sugden

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$6.7 Million

VERDICT IN MAY 2024

$9 MILLION

JUDGEMENT IN
SEPTEMBER 2022

David Sugden

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As a former NCAA Division I athlete, David Sugden values preparation, focused practice, and mastery. He also understands that trials are a team sport. Because Mr. Sugden is often brought into cases on the eve of trial, he understands the importance of collaboration, working hand-in-hand with legal teams to develop the trial strategy and execute it with precision. With a focus on delivering an outstanding and compelling presentation for the judge and jury, Mr. Sugden works with the team and witnesses in an in-house mock courtroom to prepare in conditions that replicate the actual trial.
Similar to how a doctor specializing in clinical practice will bring in a surgeon when needed, David Sugden’s practice is devoted to trials. Litigation can last years and more than 95% of cases settle. As a result, there are expert litigators who simply lack the experience or expertise to present a case to a jury. Mr. Sugden thrives working with counsel during the trial phase of the case—from jury selection through closing argument. Mr. Sugden has won several seven- and eight- figure jury verdicts and judgments for plaintiffs and has successfully defended several high-stakes cases. Licensed in California, New York, and Texas, Mr. Sugden has served as lead counsel throughout the country. Mr. Sugden’s trial practice includes a variety of claims, including intellectual property, employment, harassment, discrimination, environment, tort, contract, and defamation.
Mr. Sugden and his team have developed a system to efficiently and effectively get up to speed and present cases to juries. Preparation involves, not just mastering the facts and the evidence, but ensuring the trial theme is persuasively communicated to the jury at every stage of the case. Several tools are used to accomplish these objectives:

Mock Courtroom

With a beautiful mock courtroom overlooking the Pacific Ocean, trial preparation takes place in the conditions that will best mimic the actual courtroom. Testifying in a courtroom can be intimidating. The first time a witness testifies from the witness box and sees the faces of opposing counsel, the judge, and the jury can be an intimidating experience. By preparing witnesses in a similar environment, testifying at trial is more comfortable and familiar for the witness.

Technology For Persuasion

An organized presentation is a persuasive presentation. If an attorney is shuffling through exhibit binders trying to track down an exhibit in the middle of an examination, ten seconds can feel like an eternity. The jurors’ minds start to wander and, even worse, question the attorney’s competence. Whether the trial has 50 exhibits or 5,000, Mr. Sugden has developed a system where the entire trial is paperless and exhibits are retrieved, shown to the witness, and published to the jury within seconds. In addition, the use of dynamic and animated timelines and demonstratives delivers a clear and organized presentation to persuade and keep the jury’s attention.

Focus Groups and Mock Trials

Trials are often a clash of ideas as much as a clash of disputed facts. From testing trial themes through a formal mock trial or focus group to more informal presentations, Mr. Sugden and his team are able to hone the themes to be presented at trial.

Mastery of Evidence

Similar to the attorney shuffling through a mountain of binders, an attorney who lacks mastery of the rules of evidence cannot be persuasive. When a jury sees an attorney struggle with objections or offers of proof, judgments are made about the attorney’s competence and, consequently, the strength of his or her case. As important, mastery of evidence ensures the jury sees and hears the evidence necessary for victory. The rules of evidence are not simply rules to be learned and understood; they are the tools of the trial lawyer to be used as swords and shields of advocacy. Mr. Sugden is an expert on the rules of evidence, and has developed a series of tools and models to immediately spot and navigate evidence issues during the heat and speed of trial.

If you have an upcoming trial but—like the clinical practitioner needing a surgeon—are in need of trial expertise, reach out to Mr. Sugden today to discuss your case. From lending a hand to first chairing every stage of trial, Mr. Sugden loves trials and thrives working alongside attorneys to achieve the best possible outcome.

NOTABLE VERDICTS

David Sugden is an expert in the rules of evidence, and has developed a system to both master the rules and learn how to use them as tools of persuasion during trial. If you are looking to refresh or master the rules of evidence, visit Evidence at Trial and explore Mr. Sugden’s articles, free videos, and on-demand CLE courses.

Evidence 101

Evidence 101

Testimonial Evidence

Testimonial evidence is provided by witnesses who testify under oath in court. This type of evidence can be pivotal, as it provides firsthand accounts of the events in question. It includes:

Expert Witness Academy

$47.4 Million

VERDICT

A unanimous jury ordered a corporate defendant to pay Mr. Sugden’s corporate client $47.4 million following a three-week jury trial in federal court.

$9 Million

Verdict in September 2022

In September 2022, a Los Angeles jury awarded Mr. Sugden’s clients $9,000,000 in a breach of contract case wherein Mr. Sugden’s client alleged that the defendants (and cross-complainants) failed to pay for goods delivered. The defendants and cross-complainants alleged the goods were defective and non-conforming. Mr. Sugden’s clients prevailed on all claims and successfully defended all claims alleged in defendants’ cross-complaint.

$6.7 Million

Verdict in May 2024

In May 2024, an Orange County jury awarded Mr. Sugden’s client a $6,700,000 verdict following a two-week fraud and breach of contract trial in connection with a defendant who listed his property on an online auction platform but deceptively prevented a legitimate auction.

$2.2 Million

Trade Secret Misappropriation

A jury awarded Mr. Sugden’s client a multi-million dollar verdict and judgment following a three-week jury trial in the Superior Court of California, Orange County for trade secret misappropriation.
Complete Defense Verdict Wrongful Termination Trial A San Bernardino jury rendered a complete defense verdict in favor of LA Fitness following a three-week trial. The plaintiff alleged wrongful termination, disability discrimination, and retaliation. The plaintiff asked to jury to award $2.9 million in damages.

Complete
Defense Verdict

Wrongful Termination Trial

A unanimous jury rendered a complete defense verdict in favor of a prestigious private university in federal district court in Los Angeles. The plaintiff alleged violations of the Federal Medical Leave Act, the California Family Rights Act, and other related claims. The plaintiff sought more than $1.18 million plus punitive damages and attorneys’ fees. Mr. Sugden was retained less than two months prior to trial.

Complete
Defense Verdict

Harassment and Discrimination Trial

A complete defense verdict in favor of a prestigious private university following a three-week jury trial in the Superior Court of California, Los Angeles County. The lawsuit involved detailed claims of sexual harassment and discrimination, pregnancy harassment and discrimination, constructive discharge in violation of public policy, failure to prevent harassment and physical disability discrimination and unpaid overtime and missed meal and rest breaks. The plaintiff asked the jury to award more than $3 million in damages.

Complete
Defense Verdict

Toxic Tort Trial

A complete defense verdict following a three-week jury trial in a toxic tort case for a leading oil company. The plaintiff asked the jury to award at least $8 million in damages.

Complete
Defense Verdict

Harassment Trial

A complete defense verdict following a jury trial in a sexual harassment case for a prominent clothing retailer. The jury deliberated for less than two hours before returning with a unanimous defense verdict.
Award.

California Trial of the Year

Since 2003, The Trial Attorneys has identified the top litigation and trial lawyers across the country. Each June The Trial Attorneys selects just one leading attorney in each state to appear in its directory. This past June, The Trial Attorneys selected David Sugden as California’s Trial Lawyer of the Year.
Award pro bono

Top 50 Super Lawyers in
Orange County

Super Lawyers recognizes the top lawyers in Southern California via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The Southern California lawyers who receive the highest point totals during this selection process are further recognized in Southern California Super Lawyers Top Lists. For several years, David Sugden has been recognized as one of the Top 50 50 Super Lawyers in Orange County.
The daily journals

The Daily Journal’s “
Top 20 Under 40”

In 2010, David Sugden was named among California’s “Top 20 Under 40” attorneys by California’s Daily Journal.
Abota member

ABOTA Member

ABOTA is the American Board of Trial Advocates. It is a national association of experienced trial lawyers and judges that are dedicated to the preservation and promotion of the right to a civil jury trial-a right provided by the Seventh Amendment to the U.S. Constitution. ABOTA is an invitation only organization. 

As a former NCAA Division I athlete, David Sugden values preparation, focused practice, and mastery. He also understands that trials are a team sport. Because Mr. Sugden is often brought into cases on the eve of trial, he understands the importance of collaboration, working hand-in-hand with legal teams to develop the trial strategy and execute it with precision. With a focus on delivering an outstanding and compelling presentation for the judge and jury, Mr. Sugden works with the team and witnesses in an in-house mock courtroom to prepare in conditions that replicate the actual trial.

Similar to how a doctor specializing in clinical practice will bring in a surgeon when needed, David Sugden’s practice is devoted to trials. Litigation can last years and more than 95% of cases settle. As a result, there are expert litigators who simply lack the experience or expertise to present a case to a jury. Mr. Sugden thrives working with counsel during the trial phase of the case—from jury selection through closing argument. Mr. Sugden has won several seven- and eight- figure jury verdicts and judgments for plaintiffs and has successfully defended several high-stakes cases. Licensed in California, New York, and Texas, Mr. Sugden has served as lead counsel throughout the country. Mr. Sugden’s trial practice includes a variety of claims, including intellectual property, employment, harassment, discrimination, environment, tort, contract, and defamation.

Mr. Sugden and his team have developed a system to efficiently and effectively get up to speed and present cases to juries. Preparation involves, not just mastering the facts and the evidence, but ensuring the trial theme is persuasively communicated to the jury at every stage of the case. Several tools are used to accomplish these objectives:

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