Although an appeal comes after the trial is over, you should be thinking about hiring an appellate attorney long before the trial phase of a case. In fact, an appellate attorney can be a valuable resource throughout the pendency of your case in the trial court. How, you ask? First, you cannot appeal an error that has not been properly preserved. Appellate counsel can assist (both before and during trial) [...]
1. A Fresh Set of Eyes Even the most gifted trial attorney can develop blind spots in a case. An appellate specialist brings a fresh set of eyes to your case and see issues you do not see. Appellate attorneys can also bring a new perspective to the case. An appellate attorney with no stake in the arguments made in the trial court can take a more objective and dispassionate [...]
I was recently speaking with a member of the Nebraska Court of Appeals . During the discussion, the judge lamented how surprised he/she is that so few Nebraska attorneys file reply briefs. My jaw practically hit the floor. I simply could not believe attorneys forego a reply brief. Think about a reply brief the same way you would a rebuttal closing argument. As trial counsel, could you ever imagine yourself [...]
Almost two years ago I wrote about the "swamp" of appellate jurisdiction in family law cases. Unfortunately, the statutes have gone unchanged, and so the appellate courts continue to slog their way through the swamp, trying to explain why one order by the court is not final and another one is. It's a complicated dance. Just yesterday, in In re Interest of Jaydon W. & Ethan W., 25 Neb. App. [...]
Today, in its only published opinion (a 35-pager to boot), the Nebraska Court of Appeals reminded attorneys of the importance of preserving your trial court record for appellate review. That constitutional argument, no matter how brilliant, will mean nothing unless you raise it at the trial court level, and give the trial court an opportunity to pass judgment on it. Also, if evidence is excluded, and you believe the exclusion [...]
This post is authored by Cathy Trent-Vilim, a partner in LDM’s litigation department. This is Part II of her two part post. Welcome to Part II. If you’ve found your way to Part II, chances are you’ve received notice from the Court of Appeals, at one time or another, notifying you that the Court has elected to forego oral argument in your case. As you learned in Part I, the Supreme [...]
This post is authored by Cathy Trent-Vilim, a partner in LDM’s litigation department. Imagine stepping up to the plate, preparing to hit your first baseball of the season. You’ve been looking forward to this moment for months, picturing it in your mind and practicing for what seems like forever. Just as the pitcher gets ready to wind up, the heavenly floodgates open and a torrential downpour ensues. Worse yet, the [...]
LDM Partner Cathy Trent-Vilim continues her discussion of her recent case in this post. You read in Part I of Werner v. Platte County how the Nebraska Supreme Court affirmed the trial court’s ruling that statements by Mr. Werner made to the EMT while at the scene of the accident qualified for the excited utterance exception to the hearsay rule. The purpose of this post is to discuss why [...]
LDM attorneys Cathy Trent-Vilim and Bill Lamson recently received a decision from the Nebraska Supreme Court affirming the maximum $1 million judgment obtained on behalf of Brian Werner in a suit against Platte County, Nebraska, arising from injuries Mr. Werner suffered while a passenger in a vehicle being pursued by a Platte County deputy. LDM Partner Cathy Trent-Vilim discusses her recent case in this post. In appealing the judgment, Platte County [...]
I am about a month into year seven (I think) of teaching a trial class for Creighton University School of Law. I enjoy the process but every year one of the most frustrating things for students is how long it takes to develop their case. As with many things, there is simply no substitute for experience. But last week I was reminded of one of my favorite quotes and shared [...]
As you may have heard, Apple is suing Samsung. There is no shortage of coverage of the daily happenings of trial including some very good technical analysis of the issues. Apple is alleging that Samsung stole its intellectual property. But one thing no one can steal is Conan O'Brien's intellectual quirkiness. His spoof of the dispute is very funny: https://www.youtube.com/watch?v=YciM_54HzZk&feature=player_embedded This week, one development that was reported is the histrionics of a lawyer [...]
This post is authored by Cathy Trent-Vilim, a partner in LDM’s litigation department. By Cathy Trent-Vilim: We’ve all been there before. Gazing at the foot-high stack of transcripts and bill of exceptions, you decide to put them aside and work on something else that day. Then that day turns into a week, which turns into two weeks, and before you know it, you’re scrambling to meet your appeal brief deadline. [...]
Last week I posted about the process for handling questions from jurors while they are in deliberations. I noted that Neb.Rev.Stat. § 25-1116 requires that the Judge contact the parties or their counsel about the question. The Nebraska Supreme Court has clearly stated that this is the process to be followed (See Nebraska Depository Inst. Guar. Corp. v. Stastny, 243 Neb. 36, 497 N.W.2d 657 (1993); In re Estate of [...]
