Many fiduciary litigation concepts, like undue influence, lack of capacity, or breach of fiduciary duty, can be difficult for the lay people of a jury to understand. For lay people, sometimes the actual law doesn’t always match up to what they may think is right or wrong. So, when a case actually ends up going to the jury, the temptation for the lawyers litigating it may be to try to drive some last points home through the jury charges by repeating the law several times.
In Burkhalter v. Burkhalter, however, after a jury returned a verdict vindicating an alleged undue influencer, the Court of Appeals of Iowa granted a new trial on the claims because of a faulty jury charge regarding undue influence. The appellate court found that the charge was either unduly repetitive and therefore faulty or through itsRead More