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
The plaintiff, a nursing assistant, was sitting in the front seat of an ambulance that rear-ended a vehicle at a red light in poor weather conditions. The defendant maintained he was driving the speed limit, while the...more
Typewritten wills in California generally require the signatures of two witnesses to be found valid, but the harmless error rule can save the day. Probate Code section 6110(c)(2), as recently discussed, provides that a will...more
The Spotlight is the result of ongoing collaboration between our national trial practice and estate planning groups, with the goal of providing a forum to discuss the latest news and other issues impacting the trusts and...more
On April 15, 2020, Minnesota became the latest state to enact the “Harmless Error” rule into law. The new law relaxes traditional formalities that govern the execution of wills and other will modifications created between...more
This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more
SWAGWAY, LLC v. ITC [REVISED OPINION - PRECEDENTIAL] - Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission. Summary: Although the ITC must strictly comply with its rules, failure to do so...more
Federal Circuit Summary - Before O’Malley, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: While obviousness of apparatus claims “capable of” a particular function may be shown by...more
On March 20, 2018, the DC Circuit upheld the SEC’s denial of a Claimant’s application for a Dodd-Frank whistleblower bounty award because the SEC did not rely on the information provided by the Claimant in pursuing an...more
In Southwire Co. v. Cerro Wire LLC, the Federal Circuit upheld the USPTO decision rendered in an inter partes reexamination proceeding that found Southwire’s patent invalid as obvious. Although the court found that the USPTO...more
On July 10, 2017, in United States v. Boyland, No. 15-3118 (Kearse, Walker, Hall), the Second Circuit affirmed the conviction of former New York State Assembly member William F. Boyland, Jr. on twenty-one counts of public...more
Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. ...more
In Altera, the U.S. Tax Court invalidated regulations under Section 482 requiring participants in qualified cost-sharing agreements to include stock-based compensation costs in the cost pool to comply with the arm’s-length...more
Last week, in Kingsley v. Hendrickson, the United States Supreme Court changed the law in the 4th Circuit, which includes North Carolina. North Carolina police officers will now work in a world in which it is easier for a...more
On June 22, 2015, the U.S. Supreme Court decided Kinsgley v. Hendrickson, No. 13-1175, holding that to prove an excessive force claim, a pretrial detainee need show only that an officer’s deliberate use of force was...more
Monday, the United States Supreme Court denied certiorari in Khan v. Chowdhury, Case No. 13-1479. Notwithstanding the denial, this case is notable, as it highlights a recurring issue in preserving error for appeal: proposing...more
Right after the judge or the jury renders a “bad verdict” we all have undoubtedly heard, at least, one our clients say they want to appeal the case “all the way to the United States Court, if that’s what it takes to get...more