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Focus (Forum & Focus)

Dec. 20, 2008

Jumping Through 'Hoopes'

A recent appellate case shows the proper interplay between court and jury findings in cases involving legal and equitable issues, write James C. Martin and Margie Estrada-Schoorl. - Focus Column

FOCUS COLUMN

By James C. Martin and Margie Estrada-Schoorl

It is safe to say that a litigant's celebration over a jury verdict typically is not cut short by the trial judge's subsequent determination that the litigant actually was equitably estopped from bringing his or her claims in the first place. Judges generally favor determining all equitable issues, including equitable defenses, before legal issues are submitted to the jury. Although judge...

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