Many litigators recognize the benefits of giving jurors a set of substantive jury instructions before opening arguments. Such preliminary substantive jury instructions are a beneficial and effective tool. This is not a new...more
On September 2, 2020, the Seventh Circuit Court of Appeals issued its decision in Continental Vineyard, LLC v. Vinifera Wine Co., LLC, and adopted a new contemporaneous objection rule for the circuit in doing so.
In this...more
The equitable doctrine of judicial estoppel prevents a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding. Generally, the doctrine is raised by a...more
7/3/2019
/ Affirmative Defenses ,
Appeals ,
Judicial Discretion ,
Judicial Estoppel ,
Judicial Review ,
Litigation Strategies ,
Permissive Exclusion Authority ,
Preservation of Rights ,
Subject Matter Jurisdiction ,
Trial Preparation ,
Waivers
An unpublished opinion from the Tenth Circuit Court of Appeals in January 2016 caught our eye because it collected various established preservation-of-error principles for objecting to a magistrate judge's report and...more
May you preserve an objection to personal jurisdiction by including a general denial to the complaint’s allegation in your answer and then moving to dismiss on personal jurisdiction grounds less than three (3) months later?...more