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23 Jan, 2019

Looking Beyond the Pleadings for Motions to Dismiss: Part 3 of 3

2019-01-30T10:02:46-06:00January 23rd, 2019|Nebraska Litigation & Trial Advisor, Pleading|

This is the third installment of a three-part blog series on evidence that courts may consider when deciding motions to dismiss without converting the motion to one for summary judgment. Previous blog posts in this series discussed the admissibility of certain documents, matters of public records, and subjects of judicial notice. Concessions and Admissions The next type of evidence that courts may consider outside of the pleadings is any concession [...]

9 Apr, 2013

Werner v. Platte County (Part I): Get Excited About the Excited Utterance Hearsay Exception

2018-04-23T20:50:32-05:00April 9th, 2013|Appellate Work, Direct/Redirect Examination, Discovery, Litigation Tips, Nebraska Litigation & Trial Advisor, Trial, Witness Preparation|

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 [...]

22 Feb, 2013

The Failure to Pass Board Examinations as Evidence in a Medical Malpractice Trial

2018-04-23T23:52:20-05:00February 22nd, 2013|Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor|

So, you didn't pass your medical boards?  Or you didn't pass your medical boards on your first try?  Worried how it might affect your career as a physician?  Well, you can rest easy when it comes to malpractice suits.  Generally, a defendant physician's failure to pass board certifications is not admissible as to whether a physician complied with the standard of care.  While performance on a board certifying examination might [...]

20 Sep, 2012

Offering An Out of Court Statement? Hearsay Rule Simplified

2018-04-24T00:08:56-05:00September 20th, 2012|Cross Examination, Direct/Redirect Examination, Nebraska Litigation & Trial Advisor, Trial|

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 [...]

17 Aug, 2012

Trial Tactics from Apple v. Samsung

2018-04-24T00:08:56-05:00August 17th, 2012|Appellate Work, Nebraska Litigation & Trial Advisor, Trial|

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: This week, one development that was reported is the histrionics of a lawyer [...]

17 Jan, 2012

As A Trial Lawyer, Form Can Trump Substance

2018-04-24T00:12:18-05:00January 17th, 2012|Cross Examination, Depositions, Direct/Redirect Examination, Discovery, Nebraska Litigation & Trial Advisor, Trial|

 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 [...]

5 Jan, 2012

Five Elements to Rule of Evidence 1006 Summaries

2018-04-24T00:08:58-05:00January 5th, 2012|Nebraska Litigation & Trial Advisor, Trial|

When dealing with a large amount of documents during litigation parties often will want to summarize the contents.  This could happen in the context of bank statements, payroll information, invoices or just about anything else you might think of.  The rules of evidence allow for an alternative to dumping a pile of paper on the Court or a Jury during trial.  Specifically, under Rule 1006 (27-1006 in Nebraska) lawyers can, [...]

13 Oct, 2011

Using Documentary Evidence In Closing Argument

2018-04-24T00:08:58-05:00October 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 [...]