James Deppe, William Deppe, William Clinton Deppe, and Charles Stephen Aggert v. Herman Tripp and Howard Weitekamp

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Federal Rule of Civil Procedure 51 means \that in civil cases a plain error doctrine is not available to protect parties from erroneous jury instructions to which no objection was made at trial.\
• stating that plain error review may be available in civil cases “if a moving party can demonstrate (1) that exceptional circumstances exist, (2) that substantial rights are affected, and (3) that a miscarriage of justice will result if the doctrine is not applied”
• stating that plain error review may be available in civil cases “if a moving party can demonstrate (1) that exceptional circumstances exist, (2) that substantial rights are affected, and (3) that a miscarriage of justice will result if the doctrine is not applied”
• “Requiring a non-erring party to bear the burden of his opponent’s errors may not be reasonable in many circumstances and in fact may constitute a miscarriage of justice.”
• “Requiring a non-erring party to bear the burden of his opponent’s errors may not be reasonable in many circumstances and in fact may constitute a miscarriage of justice.”
• “In civil cases where economic and property interests are usually at stake, as opposed to criminal cases where more substantial liberty interests are involved, a plain error doctrine is unneeded.”

Source: CourtListener parenthetical corpus (CC0).