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19 Jan, 2012

Objections To Closing Arguments

2018-04-24T00:08:57-06:00January 19th, 2012|Closing Argument, Nebraska Litigation & Trial Advisor, Trial|

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 [...]

15 Nov, 2011

Per Diem Arguments in Nebraska post Richardson v. Children’s Hospital – Part IV Potential Solutions and Arguments

2018-04-24T00:12:19-06:00November 15th, 2011|Closing Argument, In-House Counsel, Nebraska Litigation & Trial Advisor, Trial|

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 [...]

8 Nov, 2011

Per Diem Arguments in Nebraska post Richardson v. Children’s Hospital – Part III Potential Solutions and Arguments

2018-04-24T00:12:19-06:00November 8th, 2011|Closing Argument, In-House Counsel, Nebraska Litigation & Trial Advisor, Trial|

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 [...]

1 Nov, 2011

Per Diem Arguments in Nebraska post Richardson v. Children’s Hospital – Part II The Richardson Decision and Its Potential Effect

2018-04-24T00:12:19-06:00November 1st, 2011|Closing Argument, In-House Counsel, Nebraska Litigation & Trial Advisor, Trial|

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 [...]

25 Oct, 2011

Per Diem Arguments in Nebraska post Richardson v. Children’s Hospital – Part I The History

2018-04-24T00:12:19-06:00October 25th, 2011|Closing Argument, In-House Counsel, Nebraska Litigation & Trial Advisor, Trial|

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 [...]

13 Oct, 2011

Using Documentary Evidence In Closing Argument

2018-04-24T00:08:58-06:00October 13th, 2011|Closing Argument, Nebraska Litigation & Trial Advisor, Trial|

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 [...]

29 Sep, 2011

Teaching Trial Practice—Foundation is the Foundation; Part 1.

2018-04-24T00:08:58-06:00September 29th, 2011|Closing Argument, Cross Examination, Direct/Redirect Examination, Nebraska Litigation & Trial Advisor, Opening Statement, Trial, Witness Preparation|

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 [...]