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17 May, 2012

The Art of Jury Selection

2018-04-24T00:08:56-05:00May 17th, 2012|Nebraska Litigation & Trial Advisor, Voir Dire|

This post is authored by Dave Schmitt, a partner in LDM’s litigation department.  Mr. Schmitt draws upon his years of trial experience to discuss some of his thoughts on jury selection and provide a tool for selecting your next jury. By: Dave Schmitt: Parties resolve disputes through litigation and the trial process.  Typically a dispute in a legal case is decided by a jury rendering a verdict at the conclusion of the [...]

23 Feb, 2012

Trial Lawyers (and Football Coaches) Need to Listen

2018-04-24T00:08:57-05:00February 23rd, 2012|Cross Examination, Depositions, Direct/Redirect Examination, Nebraska Litigation & Trial Advisor, Trial, Voir Dire, Witness Preparation|

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 [...]

9 Feb, 2012

Four Reminders From Trial

2018-04-24T00:08:57-05:00February 9th, 2012|Direct/Redirect Examination, Nebraska Litigation & Trial Advisor, Trial, Voir Dire, Witness Preparation|

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 [...]

24 Jan, 2012

Litigation, Damages and Jurors’ Beliefs

2018-04-24T00:12:18-05:00January 24th, 2012|Nebraska Litigation & Trial Advisor, Trial, Voir Dire|

On January 11, 2012 the United States Supreme Court determined the "ministerial exception" provided by the First Amendment precluded an employment discrimination suit by a "called" teacher, Cheryl Perich, in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC.  As part of her job duties with Hosanna-Tabor, Perich taught a religion class four days a week and led students in prayer and devotional exercises each day.  After Perich was diagnosed with narcolepsy and had [...]

22 Dec, 2011

Omaha Trial Emphasizes Importance of Voir Dire

2018-04-24T00:08:58-05:00December 22nd, 2011|Nebraska Litigation & Trial Advisor, Trial, Voir Dire|

I have written a couple of recent posts related to juror conduct as it pertains to use of electronic devices or social media.  A recent criminal jury trial in Omaha provides another look at juror conduct and how to deal with potential issues.  The case involved an attorney moving to have a sitting juror dismissed from service. In a first-degree felony murder trial a juror who later said he disagreed with the felony murder [...]

1 Dec, 2011

Mitigating Jurors’ Potential Use of Electronic Information

2018-04-24T00:08:58-05:00December 1st, 2011|In-House Counsel, Nebraska Litigation & Trial Advisor, Trial, Voir Dire|

Nearly everyone, it seems, has a smart phone. Access to information no longer comes from the morning or evening newspaper. Information is refreshed by the minute through numerous on-line news sources. What impact does that have on a jury trial? The December, 2011, ABA newsletter, First Focus, has published an interesting article highlighting the ABA Judicial Division’s National Conference of State Trial Judges work to issue guidance to Judges and [...]