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

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Personal Injury and Med Mal
- event Date
Wednesday, September 7, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

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.

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.

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.
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.
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?
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