News & Analysis as of

Bench Trial

Goldberg Segalla

$2.3M Verdict as to Equipment Manufacturer Upheld on Appeal

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Court: Superior Court of Pennsylvania - Decedent Thomas Constantine was diagnosed with mesothelioma in December 2016. Mr. Constantine’s estate alleged that his mesothelioma was caused by exposure to asbestos during his...more

U.S. Legal Support

Bench Trial vs. Jury Trial: Preparing for Each

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When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...more

Farrell Fritz, P.C.

Fair Value Decision Caps Decade-Long Dispute Over Family-Owned Real Estate Holding Companies

Farrell Fritz, P.C. on

About 40 years ago, a son and his mother first teamed up to invest in purchasing and managing over a dozen buildings in New York through 4 co-owned entities, each owned on a 50/50 basis. Fast forward several decades and the...more

Marshall Dennehey

Competent, Substantial Evidence Is the Name of the Game in Construction Disputes

Marshall Dennehey on

Q.D.S. Development, Inc. v. National Lining Systems, Inc., 2024 WL 357984 (Fla. 3d DCA Jan. 31, 2024) - It is common in construction disputes between sophisticated parties for the parties to agree to engage in a bench trial,...more

Butler Snow LLP

Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast

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Judges represent not only their judicial office, but also the legitimacy of the judicial branch as a whole. For many Americans, their only interaction with the legal system may come from a single trip to the courthouse. This...more

Presley & Presley

No Direct Interest, No Intervention

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Over the past five plus years, the Missouri legislature has continued to grant insurer’s new rights and protections. This includes requirements for time-limited demands, interpleader protections and the ability to intervene...more

Winstead PC

Court Affirms Modification Of Trust That Relied On Extrinsic Evidence And Contradicted Express Trust Terms

Winstead PC on

In In re Poe Trust, a co-trustee of a trust filed suit to modify the trust to change distribution provisions, increase the number of trustees, and change the method for trustees to vote on issues as well as other...more

King & Spalding

Bankruptcy Court Determines that Dividend Payments Permitted Under Subordinated Loan Agreement Are Not Fraudulent Conveyances

King & Spalding on

On January 18, 2024, the U.S. Bankruptcy Court for District of South Carolina entered judgment, after a bench trial, in favor of minority shareholders of a debtor whose liquidating trust had sued to recover dividend payments...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2024 #3

Luv N’ Care, Ltd. v. Lindsey Laurain, Appeal Nos. 2022-1905, -1970 (Fed. Cir. Apr.12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands...more

Holland & Knight LLP

Direct Examination: Asking Questions in the Right Order

Holland & Knight LLP on

In the latest episode of the "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares insights on strengthening direct examinations. He stresses that every question should advance testimony in a...more

Holland & Knight LLP

Podcast - The Basic Elements of Direct Examination

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In this episode of "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small outlines the basics of an effective direct examination. He walks listeners through the six key elements of a well...more

Manatt, Phelps & Phillips, LLP

PAGA Claims Can’t Be Tossed on Manageability Grounds

Do trial courts have the inherent authority to dismiss a claim under the Private Attorneys General Act (PAGA) on the grounds of manageability? No, the unanimous California Supreme Court recently concluded....more

Haug Partners LLP

But I’m an Inventor! HIP v. Hormel Foods Demonstrates that a Significant Contribution Is Required to Be a Co-Inventor on a Patent

Haug Partners LLP on

On May 2, 2023, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in HIP, Inc. v. Hormel Foods Corp. that reversed a district court’s decision to grant plaintiff’s request to have their employee...more

Robins Kaplan LLP

Evenstad Family Trial Aftermath: Rule 408 May Not Be Used as a Sword and Shield

Robins Kaplan LLP on

It’s unlikely the extended Evenstad family, former owners and heirs of the Upsher-Smith company, will be celebrating Thanksgiving together this year. After all, the last time the family got together was likely for the 16-day...more

Fisher Phillips

Fired Worker Not Entitled to Jury Trial for Disability Retaliation Claim: Key Takeaways for Employers

Fisher Phillips on

A high-level IT worker who claimed he was discriminated against because of his medical condition was not entitled to a jury trial or monetary damages for his retaliation claim under the Americans with Disabilities Act (ADA)....more

Groom Law Group, Chartered

Eastern District of Pennsylvania Rules in Favor of ERISA Defendants After Rare Bench Trial

Lawsuits bringing fiduciary claims under ERISA continue to surge, but trials remain a rarity. Against that backdrop, Nunez et al., v. B. Braun Medical Inc. et al. stands apart. The 63,000-member class action lawsuit alleged...more

Fox Rothschild LLP

There’s No Appeal Without the Right to Appeal

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In our blog post discussing the Court of Appeals opinions issued February 7, 2023, we addressed two cases explaining how trial courts must have subject matter jurisdiction in order for a plaintiff to access the court. In its...more

Patterson Belknap Webb & Tyler LLP

Proposed Amendment to Commercial Division Rule 36 to Clarify Courts’ Authority to Order Virtual Evidentiary Hearings and Bench...

More than two years into the Covid-19 pandemic, the Commercial Division Advisory Council (“CDAC”) has proffered an amendment to the Commercial Division Rules that reinforces a court’s authority to order virtual proceedings...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Bench Trial Demonstrates Importance of Witness Preparation

Justice Borrok of Manhattan’s Commercial Division presided over a bench trial between a contractor and a sub-contractor concerning payments connected to work on New York City Housing Authority’s (NYCHA) Harlem River Houses....more

Nutter McClennen & Fish LLP

Notes on BLS/Social Law Program and 2021 BLS Decisions—Including AG Healy v. Uber Technologies

In January, the Social Law Library sponsored the Business Litigation Session 2021 Year in Review. The panel included Judge Kenneth Salinger, the BLS Administrative Justice, as well as Michael Tuteur and Andrew Yost, attorneys...more

Epstein Becker & Green

Q&A with EBG’s Managing Director, James P. Flynn: Lessons from a Virtual Bench Trial

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We recently wrote about the pros and cons of the virtual deposition, a mechanism which saw its use burgeon during the pandemic. Epstein Becker & Green’s Managing Director, James P. Flynn, has taken the virtual experience to...more

Haight Brown & Bonesteel LLP

Bench trials on appeal: top tips for preserving appellate issues

Los Angeles County Superior Court just announced its Bench Trial Pilot Program directed toward personal injury cases assigned to the PI Hub at Spring Street Courthouse, and it is not hard to see that this program may be the...more

Foley & Lardner LLP

Fairbairn v. Fidelity Investments Charitable Gift Fund: Managing Contributions of IPO Stock Goes Awry, but Donors have Little...

Foley & Lardner LLP on

Donors make contributions to donor-advised funds (“DAFs”) for a variety of reasons. One is that DAF rules permit the donor to make the contribution in the current year (which entitles the donor to a deduction in that year),...more

Tarter Krinsky & Drogin LLP

Law Brief®: Hon. Norman St. George and Richard Schoenstein Explore Virtual Court Proceedings

On the latest Law Brief® episode, “Order in the Online Court!,” Hon. Norman St. George, the Chief Administrative Judge for Nassau County joins partner and host Richard Schoenstein to discuss the New York State Courts'...more

Patterson Belknap Webb & Tyler LLP

New York State Unified Court System Issues Protocols and Procedures for Virtual Bench Trials

On February 11, 2021, the New York State Unified Court System issued Virtual Bench Trial Protocols and Procedures (“Protocols and Procedures”) in light of the ongoing Covid-19 pandemic....more

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