News & Analysis as of

Directed Verdicts

McDermott Will & Emery

Jury Trial on Legal Issue Denied, But No Harm Done

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The US Court of Appeals for the Seventh Circuit affirmed a district court’s denial of a jury trial, concluding it was harmless error because the defendant would have been entitled to a directed verdict regardless. Overwell...more

Miller Canfield

Protecting Your Investment from Costly Building Code Violations Following Galvan Ruling

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In a breach of warranty deed claim, the Michigan Supreme Court ruled in favor of the sellers of a condominium unit and unanimously decided on July 12, 2023, in Galvan v Poon that a building code violation discovered after the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Court of Appeals Distinguishes Between Possible and Probable Causes, Affirming Directed Verdict in Products Liability Case

The Arkansas Court of Appeals recently emphasized that a plaintiff must put on evidence during her case-in-chief to eliminate other causes that may fairly arise from the evidence. Otherwise, there is no question for the jury...more

White and Williams LLP

How a Little-Known Senate Bill Could Help Stem the Tide of Bad Faith Litigation in Florida

On January 14, 2020, Senator Jeff Brandes (R) introduced Florida Senate Bill 1334: Financial Services (SB 1334)[1], which would add two additional requirements to Florida Statute 624.155’s civil remedy notice provision: ...more

Carlton Fields

The Insurer’s Howler, or How Travelers Proved Its Insured’s Case

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What happens when an insurer presents evidence at trial that supports the insured’s case? Answer: The evidence can be used to sustain the jury verdict for the insured-plaintiff. That is the lesson learned by Travelers in the...more

Jones Day

Antitrust Alert: Third Circuit Affirms Directed Verdict Following Rare Price Discrimination Trial

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Failure to show antitrust injury proved fatal to price discrimination claims as the Third Circuit affirmed a directed verdict in favor of cement company, Argos USVI, in a case brought by its customer, ready-mix concrete...more

Fox Rothschild LLP

Navigating Trial Decisions Through An Appellate Framework

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Trial lawyers have a hard job, and it’s easy for appellate lawyers reviewing a cold record to find fault in the decisions made by their predecessors. As others have recognized, a symbiotic relationship can occur when a trial...more

Burr & Forman

Think your evidence is solid? Jury, judge, and appeals court may disagree

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We’ve often written about the need to have clearly written policies that, once in place, are followed. If a dispute arises and there is any ambiguity in the policies and how the employer interpreted or used them, juries more...more

Carlton Fields

Motions For Directed Verdict: Failure To Move Is At Your Peril!

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Trial counsel must make strategic decisions about whether and how to pursue their position before the court, striking a balance between preservation and the court’s ire. But when it comes to motions for a directed verdict,...more

Burr & Forman

SC Supreme Court decides building official's public-policy case

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At-will employment is the normal employer-employee relationship in South Carolina. In 2004, the state legislature passed a law stating that handbooks that took certain reasonable steps did not create a contractual exception...more

Rumberger | Kirk

Florida 4th DCA Reiterates Insurers Negligence Not Enough to Sustain Bad Faith Claim

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Directs Judgment to be Entered in Favor of Insurer - In GEICO v. Harvey, (Fla. 4th DCA Jan. 4, 2017), Florida’s Fourth District Court of Appeal held that the trial court erred in denying the insurer’s motion for directed...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions: AC37588 - Prime Locations of CT, LLC v. Rocky Hill Development, LLC - When a commercial condominium unit owner’s association refused to grant their approval for a...more

Brownstein Hyatt Farber Schreck

Development in Pharma Patent Settlement Lawsuit

In one of the first tests of the Supreme Court’s 2013 ruling in Federal Trade Commission v. Actavis, Inc. addressing the antitrust treatment of pharmaceutical patent settlements, a recent jury on Dec. 5, 2014, returned a...more

Patterson Belknap Webb & Tyler LLP

In re: Nexium: Judge Young Denies Defendants’ Motions for a Directed Verdict

Last week, the Nexium district court ruled on defendants’ motions seeking judgment as a matter of law. As we previously reported in several earlier posts, In re: Nexium is the first pay-for-delay case to go to trial since...more

Carlton Fields

To Raise or Not to Raise? That is the Question When Talking About Pre-Verdict Motions for Judgment as a Matter of Law

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The specificity required in a motion for judgment as a matter of law/directed verdict (“JMOL”) can present challenges to counsel as they argue motions under Rule 50 or its state-law equivalents. Halo Electronics, Inc. v....more

Patterson Belknap Webb & Tyler LLP

What’s Next for In re: Nexium: Defendants’ Motions for Directed Verdicts Likely to Turn on Sufficiency of Expert Testimony

As we previously reported, the In re: Nexium trial is the first pay-for-delay trial in the wake of the Supreme Court’s Federal Trade Commission v. Actavis decision. But if the Nexium defendants have it their way, plaintiffs’...more

BakerHostetler

Eleventh Circuit Affirms Employer's Directed Verdict Based On FLSA Outside Sales Exemption

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The plaintiff in Reyes sought to bring an FLSA collective action against the defendant on behalf of himself and other similarly situated “sales brokers” that the defendant employed. The sales brokers were responsible for...more

Winstead PC

A Bank Can Solely Look To Its Account Agreement To Determine The Ownership Of Funds In An Account

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In Abbott v. Liberty National Bank, Abbott obtained a money judgment against Scotty Norwood and had a writ of garnishment served on Liberty National Bank, who had an account owned by Scotty’s wife, in an attempt to collect on...more

Nossaman LLP

The Liston Brick Company Case: A Quick Follow-Up

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In my recent post on City of Corona v. Liston Brick Company of Corona, 2012 Cal. App. LEXIS 873, I took a few minutes to discuss the conflict under California law concerning what happens when one side presents a valuation...more

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