You file a motion in limine seeking to preclude certain arguments during closing. The court grants your motion. In closing argument, opposing counsel violates the ruling. Must you contemporaneously object to the argument that...more
A state high court recently issued a stark reminder to litigants of their duty to clearly bring to the court’s attention the arguments and evidence upon which they rely in order to both survive summary judgment and preserve...more
The Seventh Amendment guarantees a right to a jury trial in cases arising under the common law. But even that fundamental right can be waived if not properly asserted in the lower court....more
9/3/2019
/ Eighth Amendment ,
Gender Expression ,
Gender Identity ,
Jury Trial ,
LGBTQ ,
Litigation Strategies ,
Preliminary Injunctions ,
Preservation of Rights ,
Prisoners ,
Seventh Amendment ,
Surgery ,
Transgender ,
Waiver of Rights
In challenging the admission of an expert opinion, you should not assume that, because you objected on one basis, you have properly preserved for appeal objections on other grounds....more
During a judicial career that spanned more than 25 years, Carlton Fields Shareholder Peter Webster presided over numerous jury trials as a circuit judge and authored hundreds of appellate opinions following his appointment to...more