Opinion

Lioce v. Cohen

  • 124 Nev. 1
  • 124 Nev. Adv. Rep. 1
  • 174 P.3d 970
  • 2008 Nev. LEXIS 1
Court
Nevada Supreme Court
Filed
Jan 17, 2008
Status
Published
Author
Maupin
On the bench
Cherry, Douglas, Gibbons, Hardesty, Maupin, Parraguirre
Cited by
100 cases

explaining that “sanctions for professional misconduct at trial in civil cases are best considered in the first instance by the district court. Therefore, the district court may, on a party’s motion or sua sponte, impose sanctions for professional misconduct at trial . . .”

How later courts described this case

  • explaining that “sanctions for professional misconduct at trial in civil cases are best considered in the first instance by the district court. Therefore, the district court may, on a party’s motion or sua sponte, impose sanctions for professional misconduct at trial . . .”
  • explaining that it is impermissible for an attorney to make a so-called golden rule argument by asking the jurors to place themselves in plaintiff’s position or to nullify the jury’s role by asking it to instead “send a message” to the defendant
  • holding that unobjected-to attorney misconduct warrants a new trial only when "no other reasonable explanation for the verdict exists'
  • recognizing that this court may review unobjected-to attorney misconduct for plain error on appeal relating to a motion for new trial

Written by the judges who cited it.

The opinion

Maupin, J.,

concurs:

In retrospect, I agree with Justice Parraguirre that we should not refer defense counsel to the State Bar of Nevada for possible discipline.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.