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Civil Procedure — new trials — improper closing argument

By: WISCONSIN LAW JOURNAL STAFF//June 4, 2012//

Civil Procedure — new trials — improper closing argument

By: WISCONSIN LAW JOURNAL STAFF//June 4, 2012//

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure — new trials — improper closing argument

Where the district court promptly instructed the jury to disregard improper closing arguments, a new trial is not required.

“Unlike in Spicer, here, the district court immediately sustained Plaintiffs’ objection during Defendants’ closing argument. In addition, Defendants’ counsel only made one brief comment regarding opposing counsel’s belief in his client, instead of repeated comments as occurred in Spicer. In addition, we find that the other comments identified by Plaintiffs as being improper did not prejudice the Plaintiffs’ case because the district court gave a curative instruction and informed the jury of the proper burden of proof. See Valbert v. Pass, 866 F.2d 237, 241 (7th Cir. 1989) (‘[A]n instruction to the jury stating that the arguments of counsel are not evidence can mitigate the harm potentially caused by improper statements made by counsel during closing argument.’). As we have repeatedly recognized, ‘improper comments during closing arguments rarely rise to the level of reversible error,’ id. (citations omitted), and we conclude that Defendants’ counsel’s comments do not rise to such a level to warrant a reversal. Accordingly, we find that the district court did not abuse its discretion in denying Plaintiffs’ Rule 59(a) motion as it relates to Defendants’ counsel’s comments during trial and closing arguments.”

Affirmed.

10-3679 Christmas v. City of Chicago

Appeal from the United States District Court for the Northern District of Illinois, Manning, J., Pratt, J.

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