# Lioce v. Cohen

> Nevada Supreme Court · January 17, 2008 · 124 Nev. 1

URL: https://www.frixlaw.com/law-library/cases/9782239

## Case

- **Full name:** GREGORY J. LIOCE, Appellant, v. DANA S. COHEN; MORRY COHEN; And JOHN C. WILSON, Respondents; TIFFANY LANG, Individually and as Guardian Ad Litem of ALICIA P. LANG, a Minor; And JOSEPH LANG, Individually, Appellants, v. JENNIFER KNIPPENBERG, Respondent; LUIS CASTRO, Appellant, v. VANESSA CABRERA; And SYLVIA CABRERA, as the Natural Parent and Legal Guardian of GABRIEL CABRERA, a Minor, and NICHOLAS CABRERA, a Minor, Respondents; JAMES SEASHOLTZ, Appellant, v. LINDSAY WHEELER, Respondent
- **Court:** Nevada Supreme Court
- **Decided:** January 17, 2008
- **Citations:** 124 Nev. 1; 124 Nev. Adv. Rep. 1; 174 P.3d 970; 2008 Nev. LEXIS 1
- **Precedential status:** Published
- **Opinion:** Concurrence by Maupin
- **Judges:** Cherry, Douglas, Gibbons, Hardesty, Maupin, Parraguirre
- **Cited by:** 100 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9782239

## How later opinions describe it (automated extraction)

- 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
- holding that a "party rnust object to OF NEVADA 101 1947A 11 purportedly improper argument to preserve this issue for appear and explaining that the issue is "generally deem [ecll" waived if the party fails to object to it

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9782239. Public record. Not legal advice.