Jury Instructions

News & Analysis as of

Texas Supreme Court Issues New Framework for Spoliation Sanctions

On July 3, 2014, the Texas Supreme Court issued an opinion intended to clarify the circumstances in which a trial court may impose sanctions for spoliation, including specifically the submission of a spoliation instruction to...more

Court Declares Parties Are Over-Litigating the Case and Orders Parties to Reduce Disputed Jury Instructions or Face Reduced Trial...

In this patent infringement action, the district court concluded that the parties were over-litigating the case and matters were only getting worse as trial got closer. "The Court's previously stated concern that the parties...more

White Collar Criminal Defense Update: Third Circuit Court of Appeals Discusses “Willful Blindness” Jury Instruction and Burden...

On April 30, 2014, the Philadelphia based U.S. Court of Appeals for the Third Circuit issued its precedential opinion in United States v. Tai, ___ F.3d ___, 2014 U.S. App. LEXIS 8129 (3d Cir. April 30, 2014), here. A copy of...more

March 2014 California Employment Law Notes

Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to other humiliating and harassing...more

Some Considerations when Preparing to Try a Property Damage Subrogation Case in the Age of CSI

Recent criminal trials turned national media events, such as the Trayvon Martin and Casey Anthony trials, have highlighted modern jurors’ expectations for forensic evidence. Commentators have termed jurors’ expectations for...more

Jury Instructions: The Roadmap of Your Case

Just as you should never leave for a trip without a map (or more likely these days, a good GPS), you should never begin preparing a case for a jury without looking at the jury instructions for the claims and defenses pleaded....more

Weekly Law Resume - February 2014: Employment Law – Wrongful Termination – Retaliation – Jury Instruction

Romeo Mendoza v. Western Medical Center Santa Ana - Court Of Appeal, Fourth District (January 14, 2014) - In the Harris decision, the California Supreme Court held that CACI No. 2500 (the Federal Employment and...more

California Employment Law Notes - November 2013

Employer Was Entitled To "Substantial Motivating Factor" Jury Instruction - Alamo v. Practice Mgmt. Info. Corp., 219 Cal. App. 4th 466 (2013) - In one of the first appellate opinions to consider the new jury...more

California Court of Appeal Holds Intermediary’s Sophistication Not Sufficient, as a Matter of Law, to Avoid Supplier’s Liability...

On October 29, 2013, the California Court of Appeal affirmed as proper a trial court’s refusal to give defendant John Crane, Inc.’s (Crane’s) requested jury instruction on the “sophisticated user” defense. In Anne Pfeifer, et...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- October 10, 2013

United States v. Liu, USCA, Ninth Circuit, October 1, 2013 - Ninth Circuit panel vacates defendant’s convictions for criminal copyright infringement and trafficking in counterfeit labels, holding that district court...more

23 Tips For Improved Jury Instructions

Jury instructions are important in winning the case before the jury. They can also provide grounds for appeal if errors are properly preserved. The following points address the most common problems we appellate lawyers see...more

Eighth Circuit Applies Negligence Standard to SEC Enforcement Claims for Violations of Section 14(a) and Rules 14a-9, 13b2-1 and...

In SEC v. Das, No. 12-2780, 2013 U.S. App. LEXIS 15327 (8th Cir. July 29, 2013), the United States Court of Appeals for the Eighth Circuit affirmed the district court’s delivery of jury instructions applying a negligence...more

22 Tips For Improved Jury Instructions

Jury instructions obviously are important in winning the case before the jury. ...more

July 2013: Trial Practice Update

Second Circuit Judge Advocates for System to Certify Questions of Foreign Law. In its recent decision reversing Citigroup’s jury win over Terra Firma, the Second Circuit Court of Appeals found the trial court misapplied...more

Florida Adopts New Standard Jury Instructions for Contract and Business Cases

Florida’s Supreme Court recently adopted new standard jury instructions for contract and business cases. The instructions, drafted over a period of six years by a committee of Florida trial and appellate lawyers and judges,...more

Florida Supreme Court Approves Standard Jury Instructions For Use In Contract And Business Litigation

On June 6, for the first time, the Florida Supreme Court approved standard jury instructions for use in contract and business litigation. ...more

The Jodi Arias Trial: Justice Run Amok

Forgive me, as a former federal prosecutor for 17 years, it is hard to watch the Jodi Arias trial, not because she is guilty and deserves the death penalty but because of the incredibly poor performance by Judge Sherry...more

The Force is Sometimes Against Us

Julie Gilman Veronese sued Lucasfilm Ltd. in 2009 after she was hired—and then fired—as an assistant to the estate manager at George Lucas’s San Anselmo estate. She claimed she was fired because she was pregnant....more

Q&A With Carlton Fields' Wendy Lumish

Q: What is the most challenging case you have worked on and what made it challenging? A: Frankly, many of my cases are extremely challenging because I am generally defending a large corporation against a horribly injured...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - May 10, 2013

Dunn v. DreamWorks Animation SKG, Inc., California Court of Appeal, April 30, 2013 (unpublished opinion) - California Court of Appeal affirms judgment in favor of defendant DreamWorks Animation on plaintiff’s breach of...more

California Supreme Court Revises Jury Instructions And Trial Procedures In Discrimination Cases

Wynona Harris alleged her employment was terminated by the City of Santa Monica because of her pregnancy in violation of the California Fair Employment and Housing Act. The city claimed Harris had been fired for poor job...more

Eleventh Circuit Weighs in On Several Important FLSA Issues

The Eleventh Circuit Court of Appeals has issued an opinion that has significant implications for employers and employees alleging violations of the Fair Labor Standards Act ("FLSA"). Lamonica, et al. v. Safe Hurricane...more

California Supreme Court Issues Mixed Decision in Mixed-Motive FEHA Employment Discrimination Case

The California Supreme Court's recent decision in a closely watched Fair Employment and Housing Act (FEHA) case should be of interest to employers around the country, even though — or perhaps because — it does not provide an...more

Tips For Trial Counsel On Planning, Preparation And Preservation: Creating Defensible Jury Instructions And Planning For A Charge...

Jury instructions are the mechanism that provides the jury with the proper legal structure to analyze the evidence that has been presented at trial. Without proper guidance through good instructions on the law, the jury is...more

Courts Attempt to Reign in Social Media Use by Jurors

Technology has indeed infiltrated the jury box. Jury service, which necessarily involves hours of quiet observation of the proceedings, evokes, for some, a hunger for expression or quick entertainment....more

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