CLOSING ARGUMENTS Jeremiah J. O’Keefe, Sr. Vs Loewen Group, Inc. by Willie E. Gary, Esq.
Key Points in Closing Arguments I. Start notebook early II. Take pictures of witnesses after they testify A. In a long trial (1 week or more) B. In closing use pictures of witnesses that testified III. Make sure deposition testimony you want to use during closing is read or admitted into record IV. Use creative exhibits or blow-ups V. Think like a juror and talk like a juror VI. Empower jurors to right a wrong VII. Discuss verdict form
JEREMIAH O’KEEFE et al v LOEWEN GROUP HINDS COUNTY, MISSISSIPPI FACTS Jerry O’Keefe was the owner of a funeral home in Biloxi, Mississippi . 1. The principal defendant was the Loewen Group, Inc., an international Canadian corporation that owned over 600 funeral homes across the country and spent 200 million dollars each year to buy funeral homes. The Loewen Group purchased a competitor of O’Keefe’s, Reiman Funeral Home, as well as its insurance company, Family Guarantee Life Insurance and set up David and Michael Reiman as its local “partners.” O’Keefe also owned an insurance business, Gulf National and had an 2. agreement with Wright Furguson Funeral Home, also purchased by Loewen. After Loewen bought Wright Furguson he advised O’Keefe he was canceling the agreements between O’Keefe and Wright Furguson. In 1991, Jerry O’Keefe and Gulf National sued Loewen for breach of 3. contract. After months of discussions and negotiations a settlement agreement was reached. Loewen failed to meet the settlement terms and an amended complaint was filed, which in addition to the original contract case included additional counts. 4. During the trial it developed that the Loewen Group was being financed by Japanese bankers, buying funeral homes to control the market, not telling the local people that it was Canadian owned and immediately raised their prices when they monopolized the market. 5. The attack on Pearl Harbor by the Japanese, the morning of December 7, 1941 brought the United States into World War II. At the tender age of 19, Jerry O’Keefe volunteered to serve his country and joined the Navy where he worked his way up the ranks, eventually becoming an ace fighter pilot. Jerry sacrificed his life and fought hard during the war and as a result, he never wanted to do business with Japan. 6. This was clearly a punitive damages case.
COUNTS IN COMPLAINT BREACH OF ORIGINAL CONTRACTS INTERFERENCE WITH ORIGINAL CONTRACTS TORTIOUS BREACH OF ORIGINAL CONTRACTS BREACH OF IMPLIED COVENANTS OF GOOD FAITH (ORIGINAL CONTRACTS) BREACH OF SETTLEMENT AGREEMENT TORTIOUS BREACH OF SETTLEMENT AGREEMENT BREACH OF IMPLIED COVENANTS OF GOOD FAITH (SETTLEMENT AGREEMENT) OPPRESSION STATE ANTI-MONOPOLY LAWS COMMON LAW FRAUD TORT OF UNFAIR COMPETITION CAUSATION AND DAMAGES AD DAMNUM AND DEMAND FOR JUDGMENT
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