This blog is intended to analyze and distinguish J.C. Penny Co. v. Gravelle and Prell Hotel Corp. v. Antonocci. These Nevada Supreme Court cases contend primarily with the issue of course and scope. In both cases which were heard in 1945 and 1970 respectively defendant employees battered respective plaintiffs during work hours. The question […]
Each element of the trial process requires its own unique approach. Closing argument is no different. The very phrase “closing argument” is a bit of a misnomer, at least if you follow the approach recommended here. The reason for this is that we, as plaintiff’s trial lawyers, really shouldn’t be “arguing” here. What we […]
The Civil Rights Act of 1871, formally known as, An Act to enforce the Provisions of the Fourteenth Amendment to the Constitution of the United States, and for other Purposes, provides that: Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or […]
In our plaintiff’s personal injury trials, we as trial lawyers, have a duty to teach the jurors how to put a price on the plaintiff’s injury. We want to begin this conversation in our opening statement. To do this we need to first let our jurors know why it is important that they understand […]
If you ever take the time to watch a jury trial you will quickly find how boring they can be. This is especially the case for trials that take days or weeks to conclude. The reason for this, is in part, because the procedural rules governing the presentation of evidence was not created for […]
Business torts are not committed against persons or property; rather, the harm done is to intangible assets, such as economic interests or business relationships. Generally, there are three common “business torts”: 1) Interference with contractual relations, 2) Interference with prospective business advantage or the tort of “unfair competition”, and 3) Fraudulent misrepresentation. Interference with […]
