On January 30, 2012, Todd Cooper authored an article for the Omaha World Herald about Douglas County Nebraska Juror No. 22, who was found to be in contempt of court for consulting his smart-phone during the course of first-degree sexual assault trial. Juror No. 22 was … Continue reading
Monthly Archives: January 2012
Creighton Bluejay Basketball Keeps on Rolling
After dropping their conference opener to Missouri State, the Bluejays have won nine consecutive conference games and stand at 19-2/9-1. The winning streak has the Jays ranked 15th in the AP Poll and 14th in the ESPN/USA Today Coaches Poll. The Jays even sit … Continue reading
The Parol Evidence Rule: Completeness When Contracting is Key – Part 1
Brian Brislen is in trial this week, and Kara Jermain of the Lamson, Dugan and Murray Litigation Department authored this week’s Thursday blog. While the “parol evidence rule” may sound like legal mumbo jumbo that could not possibly affect you or your … Continue reading
Litigation, Damages and Jurors' Beliefs
On January 11, 2012 the United States Supreme Court determined the “ministerial exception” provided by the First Amendment precluded an employment discrimination suit by a “called” teacher, Cheryl Perich, in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. As part of her job … Continue reading
NU Grabs Upset of Indiana; CU Continues to Roll
I have written a couple of different times this fall about Doc Sadler’s ability to lead Nebraska to an upset or two over ranked foes. Well, it has now happened. Nebraska defeated the 13th ranked Indiana Hoosiers 70-69 last Wednesday night. … Continue reading
Objections To Closing Arguments
My post for last week discussed opening statements and the propriety of arguing rather than simply stating facts. No such problem exists during closing arguments. But what is the rule about lodging objections during closing? To me, the first rule … Continue reading
As A Trial Lawyer, Form Can Trump Substance
As trial lawyers, events often move quickly and we make sure the substance of a particular position is made in order to protect the interests of our clients. Unfortunately, substance doesn’t always win the day and there are times when form is extremely … Continue reading
Nebraska Nets First B1G Conference Win
Last Wednesday, at home against Penn St., the Nebraska Men’s basketball team picked up its first win as a member of the B1G Conference beating the Nittany Lions 70-58. The Huskers played a second consecutive game with both Jorge Brian Diaz and Dylan … Continue reading
Opening Statements
Every jury trial begins with voir dire and selection of the jurors who will decide the disputed issues of fact. It is during this time that the jurors begin to learn what the case is about; what facts may be … Continue reading
Employer is not a "Released Person" for Purposes of Apportionment Under Nebraska's Comparative Fault Act
On January 6, 2012, the Nebraska Supreme Court decided the hotly contested issue of whether a court may apportion liability to an employer in a third-party action for peronsal injuries when the employer is immune from suit in tort under the Nebraska Workers’ … Continue reading