Jury Instructions

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District Court Denies Request to Have Invalidity Case Proceed Prior to Infringement Case

The parties in this patent infringement action could not agree on the order of proof at trial. Defendants sought to present their invalidity defense first, arguing that if the patent is invalid, they could not be liable for...more

Second Circuit: Intent to Harm Is Not Required for Criminal Conviction Under Investment Advisers Act

On May 4, 2016, the U.S. Court of Appeals for the Second Circuit affirmed the fraud conviction of a registered investment adviser and held that proof of intent to harm is not an element of a criminal conviction under section...more

Judge in High-Profile Case Obtains Attorney Agreement Not to Engage in Juror Social Media Snooping

It seems that almost everyone uses social media today. Of course, this means that most every juror is a social media user, and that courts are dealing with the thorny questions that arise out of the proliferation of social...more

Supreme Court To Resolve Circuit Split Over Bank Fraud Statute

On Monday April 25, the U.S. Supreme Court granted certiorari in United States v. Shaw, a closely watched case out of the Ninth Circuit addressing the bank fraud statute, 18 U.S.C. § 1344. That statute has two subsections,...more

Sophisticated User Defense Does Not Extend to Salesman

Richard Moran III v. Foster Wheeler Energy Corporation - Court of Appeal, Second Appellate District (April 13, 2016) - In 2008, the California Supreme Court unanimously held that the “sophisticated user” defense...more

Was the Person Who Hit You Running Errands for Someone Else? The “Principal” May also be Liable!

Woodland Hills personal injury lawyer Barry P. Goldberg is always looking for sources of recovery for his clients particularly because many drivers are either uninsured or underinsured. This means either there was no...more

Court Dismisses Major False Claims Act Case Against Hospice Provider: Ruling Mere Difference of Medical Opinion is Insufficient...

On March 31, 2016, the United States District Court for the Northern District of Alabama in U.S. ex rel. Paradies v. AseraCare, Inc. dismissed a major False Claims Act case against a national hospice provider after ruling...more

Disability Discrimination Claims Face Stricter Standard in the Fourth Circuit

The Americans with Disabilities Act (ADA) became law over 20 years ago. But until last month, the Fourth Circuit Court of Appeals, which includes North and South Carolina, had never specified a plaintiff’s burden of proving a...more

Real Property & Title Insurance Update: Week Ending April 8, 2016

REAL PROPERTY UPDATE - - Sovereign Immunity: DOT prohibited from using sovereign immunity defense in negligence action resulting from railroad crossing accident where DOT bound by crossing agreement, including indemnity...more

Employment Law - March 2016 #2

California Appellate Panel Sets Standard for Disability Discrimination Jury Instructions - Why it matters - How should a California trial court properly instruct a jury regarding an employer's intent to discriminate...more

Social Media and Jurors

Social media impacts every facet of life and is often discussed in DuetsBlog posts. Courts are now having to address social media issues in connection with jurors. A federal judge in California is considering banning the use...more

Eleventh Circuit Interprets Rule 10b-5(b)

On March 1, 2016, the Eleventh Circuit Court of Appeals affirmed the Southern District of Florida in Fried v. Stiefel Labs., Inc., No. 14-14790, 2016 WL 787986 (11th Cir. Mar. 1, 2016), holding that the District Court had...more

Insider Trading: Dirks, Newman, Salman and Payton – Part II

This is the second of two posts on the personal benefit test for tipping and insider trading. The first appeared yesterday. ...more

For Reasonable Accommodation Claims, Employer Intent May Be Irrelevant to Liability

Seyfarth Synopsis in a Second: Employer intent is not a required element in a disability discrimination claim alleging a failure to accommodate, and the employer bears the risk of mistaking the employee’s abilities. On...more

Insurance Coverage – Predominant or Efficient Proximate Cause

Varadanyan v. Amco Insurance Company - Court of Appeal, Fifth Appellate District (January 7, 2016)- Insurance Code section 530 codifies the “efficient proximate cause doctrine” in resolving first party insurance...more

Court of Appeals Overturns Defense Verdict In Medical Malpractice Conditional Consent Case: Carter v. The Pain Center of Arizona

After a fall, Carter met with Dr. Towns, who recommended a sacrococcygeal ligament injection for her pain. When Carter expressed anxiety about the injection, Towns offered to sedate her for the procedure. When Carter returned...more

SCOTUS upholds Computer Fraud and Abuse Act conviction

The Supreme Court of the United States held on January 25, 2016, that an executive of a shipping company who hacked into his former employer’s computer system after he left the company was guilty under the Computer Fraud and...more

DOJ Acknowledges in Proposed Jury Instructions That Dissemination of Truthful and Non-Misleading Off-Label Use Information Is Not...

For years, the U.S. Food and Drug Administration (FDA) has taken the position that a medical device (or drug) manufacturer that promotes an FDA-approved device (or drug) for an unapproved use violates the Federal Food, Drug,...more

Second Circuit Rejects Riley Appeal over Personal-Benefit Standard for Insider Trading

The Second Circuit last week affirmed the conviction of a former corporate executive on charges of insider trading. The court’s unpublished decision on January 14 in United States v. Riley held that the Government had...more

Seventh Circuit Slams The “Brakes” On The EEOC’s Appeal Of AutoZone ADA Defeat

As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), such as its...more

District Court Denies Accounting and Ongoing Royalty Where Jury Instructions Told Jury to Award Damages That Would Put Patent...

Prism brought suit against Sprint alleging patent infringement of U.S. Patent Nos. 8,127,345 and 8,387,155 (the "Asserted Patents"). After the jury returned a $30 million award in favor of Prism, Prism filed a motion for an...more

Introducing the New Pennsylvania Learned Intermediary Jury Instructions

Sometimes it takes an outsider to point out something that should be blindly obvious. In this case, that role was performed by a couple of our colleagues earlier this month at the annual ACI Drug and Medical Device...more

The Raise-Or-Waive Rule: A Trap For Trial And Appellate Counsel

The raise-or-waive rule, arguably one of the most important rules of appellate practice, also is one of the Rhode Island Supreme Court’s most frequently invoked legal doctrines. In its last term, the Rhode Island Supreme...more

Expert Tip: Use Jury Instructions in Your Opening and Closing

By the time you prepare your opening statement, you’ll know specifically what the legal theories of your case are and generally what the jury instructions will be. By the time of your closing argument, the instructions will...more

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

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