Overcoming Bad Evidence: Lessons From Waymo V. Uber Trial

By Arturo González and Esther Kim Chang (March 26, 2018, 1:03 PM EDT) -- One piece of "bad" evidence (or evidence that simply looks bad) can sink a client at trial. How do you neutralize the evidence before the judge and keep the jury sympathetic to your client when there is evidence that, at first glance, appears to implicate your client? This article addresses some of the bad evidence that we — Uber's counsel — encountered in the Waymo v. Uber battle involving autonomous vehicles, and explains how that evidence was neutralized in front of the court and at trial....

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