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I Object! A Blog on Preservation of Error
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February 2017


February 28, 2017 10:11 AM | Posted by David Luck | Permalink
TipsIn Roberts v. Ferman, 826 F.3d 117 (3d Cir. 2016), the Third Circuit sought to clarify the circumstances in which a party forfeits arguments made in a post-trial motion by refusing to agree to reconstruct the record under Federal Rule of Appellate Procedure 10(c). read more
February 14, 2017 11:15 AM | Posted by Christine Davis Graves | Permalink
TipsIn Byrd v. Stubbs, 190 So. 3d 26 (Miss. Ct. App. 2016), the Mississippi Court of Appeals reminded us of the need to be diligent during a charge conference by raising specific objections to a proposed jury instruction, as opposed to a general objection. In Byrd, the plaintiff in a medical negligence case objected to a proposed superseding cause instruction on the grounds that the instruction was not supported by the evidence. It was not until her motion for new trial – after the verdict was rendered – that the plaintiff asserted that the proposed instruction was a misstatement of law. read more