Pharmaceutical cases are usually presented only to the judge (this is called a bench trial). Trial can be very fun, as you get to watch all of the evidence play out before the jury, including witness examination in open court. However, it is becoming more and more rare for any type of litigation to go to trial. Parties will often reach a settlement before trial. This means that as you are going through discovery, in addition to preparing your case for trial, you are evaluating the strength of your case so that you can advise your client regarding whether and when the best time to settle will be.
What are some typical day-to-day responsibilities you have, or decisions you make?
The day-to-day responsibilities that I have are very dependent on what phase of the case we are on. During the discovery phase, I am usually drafting discovery requests, where I will write out questions for the other party to answer, or I will request that the other party produce specific documents. I also review the discovery that comes in, including the documents that are produced, and I draft answers to the other party’s discovery requests and questions.
I also draft a motion during various phases of the case. A motion is essentially a request for the court to rule in your favor on a particular issue. There are various reasons why a party would draft a motion. For example, last week, I filed a motion for a preliminary injunction. If we win on this motion, the judge would require the opposing party to completely stop selling their products until the lawsuit is over.
