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Preventing Defective Jury Instructions In Personal Injury Trials; Leveraging Errors on Appeal

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, September 7, 2022

Recorded event now available

or call 1-800-926-7926

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.

Description

Jury instructions can make or break a litigant's case. One of the most frequent reasons for reversal on appeal is erroneous jury instructions. This can be expensive, bad news for the prevailing party. Too often counsel treat jury charges and instructions as an afterthought or rely on model instructions, which can be rife with error.

Counsel often craft instructions in a way that is most helpful to their clients but may end up giving their opponent ammunition to overturn a favorable judgment. In personal injury cases, instructions can misstate or fail to explain burdens of proof, standards of care, definitions, causation, apportionment, and allocation of damages.

Careful litigants must be vigilant in both identifying and preserving objections to jury instructions and understand the various standards of review.

Listen as this experienced panel of trial attorneys offers guidance for preventing defective jury instructions as well as relying on them to appeal a personal injury verdict.

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Outline

  1. Using jury instructions to guide trial preparation
  2. Overreliance on model instructions
  3. Common objections
    1. Instruction comments on the weight of the evidence
    2. Failure to distinctly apply the law to the facts of the case
    3. Authorizing relief on facts not in evidence
  4. Recurring problems with instructions on key issues
  5. 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

Ackerman, Justin
Justin Ackerman

Partner
Jones Skelton & Hochuli

Mr. Ackerman represents clients in federal and state appellate matters in cases involving excessive force, wrongful...  |  Read More

Berman, Kimberly
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

Gusdorff, Janet
Janet Gusdorff

Principal
Gusdorff Law

Ms. Gusdorff, Certified Appellate Law Specialist (California Board of Legal Specialization), handles state and federal...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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