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I Object! A Blog on Preservation of Error

September 2015

September 29, 2015 8:08 AM | Posted by Jeffrey A. Cohen and Namrata S. Joshi | Permalink
It may not always be apparent whether a potential basis for remand is procedural or impacts subject matter jurisdiction. As a recent federal case from Kentucky demonstrates, identifying issues and classifying them early is critical to avoid waiver of procedural issues. read more
September 9, 2015 11:03 AM | Posted by Nancy C. Ciampa and Justin S. Wales | Permalink
The Seventh Amendment to the United States Constitution, which is binding upon only federal courts, and many state constitutions provide a right to a trial by jury.  But the right to a jury trial, even when constitutionally guaranteed, may be waived, contractually before litigation is contemplated, or by a party or their lawyer’s actions or inaction during the court proceedings.  A recent Connecticut state appellate court decision addresses the latter type of waiver, which may occur by failing to object to the absence of a jury before or during the bench trial. read more