Advocating in closing arguments: avoiding the pitfalls of reversible error

Article Abstract:

There are a number of forms of argumentation in a trial's closing argument that can result in reversible error, and trial lawyers should stay current on their jurisdiction's interpretation of the fundamental error rule. Counsel should run their closing argument by the firm's appellate partner and should be willing to object during opposing counsel's closing argument. The lines of argument that could trigger a new trial include comparative verdict arguments, invocation of the golden rule, citing parties financial resources, personal opinions and misstatements of law.

Methods, Florida, Trial practice, Summation (Law), states

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The impact of FIRREA on insurer and surety defense litigation

Article Abstract:

The use of affirmative defenses by insurance industry employees being sued in the wake of insolvency by the Resolution Trust Corp or the Federal Deposit Insurance Corp may be limited by the limits on jurisdiction in the Financial Institutions Reform, Recovery and Enforcement Act of 1989. Conflicting decisions on the statute's effects have been handed down by the courts, but it is probably wise for people anticipating such litigation to secure an affirmative defense as soon as possible.

Cases, Insurance industry, Financial institutions, United States. Resolution Trust Corp., United States. Federal Deposit Insurance Corp., Surety bonds

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Spoliation of evidence: the trend to a new tort

Article Abstract:

Evidence spoliation is being recognized in some states as an independent tort and thus parties can seek sanctions for loss of evidence. Several elements must be satisfied to recover for spoliation, including intentionality, timing, and the victim's behavior. Courts have proven willing to dismiss or enter default judgments to remedy spoliation victims. The 50 states are surveyed as to their positions on evidence spoliation.

United States, Laws, regulations and rules, Evidence (Law), Torts, Legal documents, Evidence spoliation

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