“Split Circuits: The Golden Rule”
May an attorney ask the jury to put themselves in the place of the plaintiff when deciding a case? Because of a circuit court split, it depends on where and why. All Circuit Courts to have considered the issue universally prohibit the use of the so-called “Golden Rule” argument with respect to damages. But while the D.C., Third and Seventh Circuits extend this prohibition to the issue of liability, the Second, Fifth, Tenth, and Eleventh Circuits do not and the U.S. Supreme Court has not yet reviewed this issue.