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 [...]
Everyone, it seems, has heard of the word "hearsay." Those of you lucky enough to be non-lawyers probably associate the word as meaning "something someone else said" or maybe even "gossip." In fact, one on-line dictionary simply defines it as "information that you have heard without having any proof that it is true." Well, in the law, the definition of hearsay is provided by the rules of evidence. From that standpoint, hearsay [...]
Much has been written about the trial of Rogers Clemens. While I prefer not to second guess strategies or debate whether Clemens is really innocent as opposed to simply not guilty, I believe the coverage afforded this trial provides some insight and reminders for lawyers who try cases. One such thing was Judge Walton’s decision to allow jurors to propose questions to be asked of witnesses. I have been involved [...]
In a post following my most recent jury trial I noted the importance of listening. As I stated, this may seem elementary but it is not. On Tuesday, Kyle recounted his recent experience serving as a guest judge at a client counseling competition. As his first point he also noted the importance of listening. Now, there is another endorsement for the importance of listening. Nebraska's very own Bo Pelini has engaged an outside consulting [...]
If you have followed this blog over the last week you know that I was in a week long jury trial a couple of weeks ago. Here are four of the things I was reminded of during that trial: 1. Jurors take it seriously. Whether during voir dire or after being selected, almost all jurors, even those who would rather be elsewhere, seem to treat the process with the seriousness [...]
As trial lawyers, events often move quickly and we make sure the substance of a particular position is made in order to protect the interests of our clients. Unfortunately, substance doesn't always win the day and there are times when form is extremely important. An example of this is the Nebraska Supreme Court's opinion in State v. Ford, 279 Neb. 453, 778 N.W.2d 473 (2010). During the course of this criminal trial, the [...]
I posted about the importance of laying proper foundation last week. As I noted, this topic is the starting point for the trial practice class that I teach at Creighton University’s School of Law. By the way, the team this year did a wonderful job at the competition. The team of Nick Depetro, Angela Franz, Abbie Schurmann and Erica Carr advanced to the Quarterfinals. There are 25 teams invited to [...]
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 [...]
