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23 October 2025

"Number Nine, Number Nine…": Newark Trial Team Obtains "No Cause" Verdict In Ninth Trial Of Year

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Lewis Brisbois Bisgaard & Smith LLP

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Founded in 1979 by seven lawyers from a premier Los Angeles firm, Lewis Brisbois has grown to include nearly 1,400 attorneys in 50 offices in 27 states, and dedicates itself to more than 40 legal practice areas for clients of all sizes in every major industry.
Starting their ninth trial of the year – eight juries, one bench – the trial team of Newark Partner Afsha Noran and Managing Partner Colin P. Hackett recently obtained...
United States Litigation, Mediation & Arbitration
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Newark, N.J. (October 21, 2025) - Starting their ninth trial of the year – eight juries, one bench – the trial team of Newark Partner Afsha Noran and Managing Partner Colin P. Hackett recently obtained a "No Cause" verdict for a national owner, developer, builder, and operator of real estate.

While the trial was relatively short, totaling four days and eight witnesses, the "No Cause" verdict was nonetheless gratifying for the client and the New Jersey trial team. As in any slip/trip/fall action, the plaintiff alleged the firm client failed to properly maintain their retail space, which led to the plaintiff slipping, falling and fracturing a femoral condyle bone. This resulted in the plaintiff undergoing surgery and being wheelchair bound for over three months, as well as needing home modifications consisting of an exterior home ramp and commode. The plaintiff's expert opined that the plaintiff was, is, and will continue to be in pain for the rest of her life, and will require pain management treatment and a future knee replacement.

The firm client denied that they breached any duty of care owed to the plaintiff and thus were not negligent as defined by New Jersey law. The plaintiff called five fact witnesses and one expert on their case in chief. The Newark trial team called only three witnesses on their case in chief, two fact and one expert. The successful defense on the issue of liability was accomplished in equal part on the cross examination of the fact witnesses the plaintiff called on her case in chief and the fact witness the defendants called. As to damages, the defendants did not contest either the injury resulting from the fall or the treatment thereafter. However, through cross-examination of the plaintiff and the plaintiff's medical expert, and direct examination of the defendants' medical expert, the defendants contested the cause and extent of any permanency of the plaintiff's injury as well as the need for future treatment, including future knee replacement.

After four trial days and 63 minutes of deliberations, the seven-person jury returned a "No Cause" verdict. The jury answered "No" by a 6-1 vote to the first question on the verdict questionnaire: "Did Plaintiff establish by a preponderance of the evidence the Defendants were negligent such that their negligence was a proximate cause of Plaintiff's accident?". In New Jersey civil trials, a valid verdict may have one dissenting vote as to any question on the verdict questionnaire. Commenting on the most recent matter, Ms. Noran stated, "We treat all cases the same no matter if it there is an eight-, seven-, or six-figure exposure to the client and, provided we have authority from the client, we treat the case so the client, and our team, can win at trial. It's that simple". Commenting on the matter, Mr. Hackett simply stated: "Number nine, number nine.... the client was pleased with the result."

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