Preventing Defective Jury Instructions In Personal Injury Trials; Leveraging Errors on Appeal
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss preventing defective jury instructions as well as relying on them to appeal a personal injury verdict. The program will offer guidance on drafting proper instructions as well as identifying and preserving objections to incorrect or misleading instructions for appeal. The panel will focus on instructions related to key issues, such as burdens of proof, standards of care, definitions, causation, apportionment, and allocation of damages, as well as discuss current trends and cases.
Outline
- Using jury instructions to guide trial preparation
- Overreliance on model instructions
- Common objections
- Instruction comments on the weight of the evidence
- Failure to distinctly apply the law to the facts of the case
- Authorizing relief on facts not in evidence
- Recurring problems with instructions on key issues
- Considerations for appealing
Benefits
The panel will address these and other pivotal issues:
- What topics of instructions are most often faulty?
- What are the best strategies for striking model jury instructions?
- On appeal, what is the standard of review for jury instructions?
- Can the argument of counsel overcome faulty instructions or waive objections?
Faculty
Justin Ackerman
Partner
Jones Skelton & Hochuli
Mr. Ackerman represents clients in federal and state appellate matters in cases involving excessive force, wrongful... | Read More
Mr. Ackerman represents clients in federal and state appellate matters in cases involving excessive force, wrongful death, personal injury, bad faith, and premises liability. After graduating as the valedictorian of his class from Phoenix School of Law, he worked as a law clerk for the Hon. Michael J. Brown in Division One of the Arizona Court of Appeals. Following his clerkship, Mr. Ackerman has handled over 75 appeals, successfully arguing before the Arizona Court of Appeals, Arizona Supreme Court, and U.S. Court of Appeals for the Ninth Circuit. He has spoken at many seminars on appellate preservation topics and is recognized as a Southwest Super Lawyers Rising Star and Best Lawyers Ones to Watch in the area of Appellate Practice.
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Kimberly K. Berman
Shareholder
Marshall Dennehey Warner Coleman & Goggin
Ms. Berman is a shareholder in the firm's Appellate Advocacy and Post-Trial Practice Group in the Professional... | Read More
Ms. Berman is a shareholder in the firm's Appellate Advocacy and Post-Trial Practice Group in the Professional Liability Department and is board certified in Appellate Practice by the Florida Bar. She has litigated numerous appeals in Florida state and federal appellate courts across a wide variety of subject matters in cases involving medical malpractice, construction defect, insurance coverage, bad faith, maritime, aviation and premises liability. Ms. Berman handles the brief writing, motion practice and oral arguments. In addition to her extensive appellate practice, Kimberly provides litigation support in insurance coverage, construction defect, premises liability, professional malpractice and bad faith cases.
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Janet Gusdorff
Principal
Gusdorff Law
Ms. Gusdorff, Certified Appellate Law Specialist (California Board of Legal Specialization), handles state and federal... | Read More
Ms. Gusdorff, Certified Appellate Law Specialist (California Board of Legal Specialization), handles state and federal appeals, with an emphasis on plaintiffs’ employment and personal injury matters.
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