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Nevada courts curb lawyer's summation slamming plaintiffs.

Publication: Trial
Publication Date: 01-APR-07 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
Comments made by a defense attorney in his closing arguments suggesting that jurors should be "skeptical" of personal injury claims amounted to misconduct that warrants sanctions, the Nevada Supreme Court held in December. The decision also revised the court's attorney misconduct jurisprudence. (Lioce v. Cohen, 149 P.3d 916 (Nev. 2006) (en banc).)

In January, a lower court applied those standards in another case and imposed sanctions on the same attorney, Phillip Emerson of Las Vegas. (Rising v. Bautista, No. CV03-04388 (Nev., Washoe Co. Dist. Jan. 25, 2007).)

Four personal injury cases were consolidated into Lioce. Emerson's closing arguments, which were "substantially the same" in each case, "encouraged the jurors to look beyond the law and relevant facts," wrote Justice James Hardesty for the majority. Five justices concurred; one concurred in part and dissented in part.

Emerson's arguments, such as "People must stop wasting taxpayers' money...

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