In a recent Law360 article highlighting the benefits of well-executed jury instructions, Goldberg Segalla partner David S. Osterman said that the best way to convince a judge to favorably alter jury instructions is to write a brief that lays out the case law in support of the desired changes.
The key, Dave said, is to “explain why the model charge doesn’t go far enough and how the case law has evolved since it was written.”
As the article points out, giving jury instructions is difficult because most jurors are unable to absorb the technical legal language. Dave, a partner in the firm’s Product Liability, Class Action Litigation, Toxic Torts, and Aviation Litigation Practice Groups, noted the importance of breaking down the charge, especially during closing, and explained why not doing so could be a missed opportunity. “If you don’t explain or show the charge to the jury, the most boring moment in the trial is when the judge reads the charge,” he said.
Read the article here: