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I Object! A Blog on Preservation of Error

August 2015

August 25, 2015 2:46 PM | Posted by Cristina Alonso and Charles Throckmorton | Permalink
A recent Pennsylvania case presents the question: can a party rely on its co-defendant’s objections at trial, or must it join in an objection or make its own? read more
August 14, 2015 9:27 AM | Posted by Wendy F. Lumish | Permalink
Preservation of Error Tips

Several months ago, we reported on a case in which a Florida court ruled that in order to take advantage of a change in the law, a party must first make the proper objection at trial.  In other words – trial lawyers were expected to be fortune tellers.  In a decision rendered recently by the 11th Circuit Court of Appeals, the court addressed this issue in the context of appellate briefing.

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August 3, 2015 3:30 PM | Posted by Alina Alonso Rodriguez & James E. Parker-Flynn | Permalink
Preservation of Error TipsWhere the jury finds liability and no damages, an objection that the verdict is inconsistent does not preserve the argument that the verdict is the result of an unlawful compromise, says the Eleventh Circuit  in Reider v. Philip Morris USA, Inc., No. 14–11494, 2015 WL 4256726 (11th Cir. July 15, 2015).  There, a jury returned a verdict finding the defendant 5% liable for the death of the plaintiff’s husband, but awarded no damages.  The plaintiff argued that the verdict was inconsistent and asked the court to send the jury back to re-deliberate damages.  Upon denial of the objection, the plaintiff moved for a mistrial on the same grounds, and the trial court again denied the motion. read more