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An Unforeseen Value to Loss of Consortium Claims in Selecting a Jury.
As a Plaintiff’s attorney you want to identify jurors who will refuse to follow the Court’s instructions directing the grant of money damages for pain and suffering. I inadvertently found something that is even more polarizing and controversial than claims for such intangible losses… Loss of consortium! I was picking jury in a rural county →
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The Floor for the Value of a Human Life is Flying High
You have a wrongful death claim and need an indisputable source of information to determine the minimum value of a human life. Wouldn’t it be nice if the federal government published minimum values for the loss of a human life? Well, they have! The U.S. Defense Department has made a conscious decision on this very disputed →
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Why Sorry is the Badest Word…
An expression of regret or an apology by a Defendant is nothing new when a case doesn’t settle and finally makes it to trial. However, should this be allowed? Why no! Defendants should be prohibited from expressing any apologies or statements of regret to the jury in connection with a civil case not seeking punitive →
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Limiting the Damage
So you lose an evidentiary argument and the court allows some potentially prejudicial evidence to be presented for some narrow purpose such as bias, impeachment or to show intent, similar plan, motive or scheme. So what should you do? Indiana follows “the rule of multiple admissibility” endorsed by the evidence treatises of both Whitmore →
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A Recipe for an Effective Closing Argument
Below is a summary of some thoughts dealing with closing arguments which I would like to share. Like a good meal, a closing argument is something which requires careful preparation and a judicious mix of ingredients in the appropriate quantities. Below is my recipe for an effective closing argument. Goals While it may seem →
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The Problem of Juror Bias
“A jury verdict is the quotient of the prejudices of twelve people.” Kenneth Grubb, Attorney Anything I missed? Juror Bias is a difficult problem that must be ferreted out by the trial attorney in almost every trial. Quite honestly, this can not be effectively done without the cooperation of the jury. I will often close my →
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Why the Adversary System? Is it the best?
Why the adversary system? Should we be filled pride or skepticism about its use? The adversary system is under appreciated and its value is misunderstood by the public. As a result, it is often held in low regard. When each side is equally represented and heard, it more often than not results in accurate assessments →
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The Barrister's Toolbox 