I have a serious issue with judges squashing facts simply so plaintiffs will get a larger payout. Why shouldn’t the jury know that the deceased chose to smoke?!
I agree that a $1M sanction for a witnesses’ slip of the tongue is grossly excessive. At worst, the opposing party should be required to show their costs incurred in putting on the trial that the judge believes now must be retried. However, in response to PropGal, judges routinely keep all sorts of evidence away from jurors. From the fact that one party or the other has insurance, to a defendant’s history of, for example, having been sued X times for similar types of malpractice prior to this instance. Oftentimes these rulings are based on Rules of Evidence, but too many times these are discretionary calls by judges. Except in rare instances, I believe that jurors should get all the evidence, let the advocates (lawyers) explain/argue its significance, and leave verdicts to fully informed jurors.
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I have a serious issue with judges squashing facts simply so plaintiffs will get a larger payout. Why shouldn’t the jury know that the deceased chose to smoke?!
I agree that a $1M sanction for a witnesses’ slip of the tongue is grossly excessive. At worst, the opposing party should be required to show their costs incurred in putting on the trial that the judge believes now must be retried. However, in response to PropGal, judges routinely keep all sorts of evidence away from jurors. From the fact that one party or the other has insurance, to a defendant’s history of, for example, having been sued X times for similar types of malpractice prior to this instance. Oftentimes these rulings are based on Rules of Evidence, but too many times these are discretionary calls by judges. Except in rare instances, I believe that jurors should get all the evidence, let the advocates (lawyers) explain/argue its significance, and leave verdicts to fully informed jurors.