CHICAGO – Salvi, Schostok & Pritchard attorney Marisa A. Gelabert recently wrote an article for the Illinois Trial Lawyers Association’s Summer Trial Journal on the strategic use of motions in limine to bar improper defense remarks about damages. Such prejudicial comments — made during voir dire, opening statements, or closing arguments — can unfairly sway a jury before deliberations begin, and “as we cannot un-ring a bell,” excluding them up front is essential to protecting the plaintiff’s right to a fair trial.
Ms. Gelabert’s article discusses the categories of improper defense arguments that should be excluded — from suggestions that the plaintiff’s requested damages are “shocking” or “excessive,” to comparisons with lottery winnings, references to insurance rates or tax consequences, comments about the defendant’s personal assets or professional reputation, and attempts to require a precise mathematical formula for non-economic damages. For each, she offers practical strategies and the controlling Illinois case law to support the motion. Please click here to read the full article.
