My post for last week discussed opening statements and the propriety of arguing rather than simply stating facts. No such problem exists during closing arguments. But what is the rule about lodging objections during closing? To me, the first rule is to make sure that objecting during a closing is really warranted. Much of the time it is not. Beyond that, if you have a circumstance which requires an objection [...]
This is Part IV in a four part series. Part I, Part II and Part III. Another flaw in per diem arguments is that they suggest pain can be equated to dollars and that a formula will justly compensate a plaintiff. Note to the jury that unless plaintiff has established with credible evidence why a certain dollar amount should be applied to a particular time segment, perhaps the jury should [...]
This is Part III of a four part series. Part I, Part II and Part IV. The jurisdictions that approved per diem arguments generally fall into two categories, the first declare per diem arguments proper; the second declare them proper only if accompanied by a cautionary instruction. Courts holding per diem arguments proper, or proper with caution, do so for the following reasons: Per diem arguments do not constitute the introduction [...]
This is Part II of four part series. Part I, Part III, and Part IV. The Baylor and Dowd decisions set the stage for the Nebraska Supreme Court’s opinion in Richardson v. Children’s Hospital, 280 Neb. 396, 787 N.W.2d 235 (2010) and Nebraska joining the majority of Courts which approve per diem arguments in one form or another. In Richarson, Plaintiff made a blatant per diem argument. During Plaintiff’s closing, counsel [...]
This is a four part series discussing the history and use of per diem arguments in the state of Nebraska. Part II, Part III and Part IV. Before the Nebraska Supreme Court’s outright approval of per diem arguments in Richardson v. Children’s Hospital, 208 Neb. 396, 787 N.W.2d 235 (2010), I often found myself channeling Oliver Stone’s chain smoking conspiratorial reincarnation of David Ferrie in the movie JFK during my attempts [...]
As I have posted earlier, I have taught trial practice to a team of four third year Creighton University law students which culminates in a trial competition. This year we went to The National Trial Advocacy Competition hosted by the Michigan State University College of Law in East Lansing Michigan. Veronica Valentine McNally and the NTAC staff at MSU do a great job and it is always fun to visit [...]
This week I am in Lansing Michigan for a trial competition hosted by the Michigan State University College of Law in Lansing Michigan. As is the case every year, the team I have taught for Creighton University School of Law is comprised of four third year law students. The team has spent five nights per week for over a month preparing this year’s case problem. My “co-coach,” Amy Zacharias, a [...]
