Jury Instructions

News & Analysis as of

Political Logrolling Approved by Seventh Circuit

It has been a banner season for politically important public corruption rulings. Two weeks ago the Fourth Circuit issued its opinion upholding the conviction of former Virginia Governor Bob McDonnell. Now the Seventh Circuit...more

Smartflash v. Apple: After $500M Verdict, District Court Grants New Trial on Damages Based on Improper Use of Entire Market Value...

After a jury returned a verdict against Apple, Apple filed a motion for judgment as a matter of law or a new trial. The district court subsequently notified the parties pursuant to Rule 59(d) that it was considering granting...more

Tuomey’s Appeal of $237M False Claims Act Judgment Denied by the Fourth Circuit

In This Issue: - Background - Tuomey’s Second Appeal to the Fourth Circuit - The Trial Court’s Grant of a New Trial - Tuomey’s Request for Judgement as a Matter of Law on the Stark Law and FCA...more

US Supreme Court Makes it Easier to Bring Claims Against Police Officers

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

Virginia Supreme Court Holds That Courts May Not Instruct Juries That Punitive Damages Are Disfavored

The drafting of jury instructions on punitive damages presents unique challenges for defense lawyers. On the one hand, it is generally necessary to ask for an instruction that goes beyond existing law in order to preserve...more

Supreme Court Update: Horne V. Dep't Of Agriculture (14-275), Kimble V. Marvel Entertainment (13-720), Patel V. City Of Los...

Raisins, radioactive wrists, Red Roof registries, and reformatory roughhousing were all on the Court's radar Monday (it's a very broad radar horizon), as it issued decisions in Horne v. Dep't of Agriculture (14-275), holding...more

Supreme Court Update: Mcfadden V. United States (14-378), Ohio V. Clark (13-1352), Brumfield V. Cain (13-1433) And Davis V. Ayala...

We're back with Part II of our last-Thursday round-up, just in time for another decision dump from One First Street. Last week, the Court handed down decisions in Los Angeles v. Patel (13-1175), Kimble v. Marvel Enterprises...more

Kingsley v. Hendrickson: Excessive Force is in the Eye of the Objective Beholder

The Supreme Court of the United States, in Kingsley v. Hendrickson, waded into the metaphysical discussion of what plaintiffs must prove about corrections officers’ state of mind in a lawsuit alleging the officers used...more

Supreme Court Decides Kingsley v. Hendrickson

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

US Supreme Court Ruling Impacts Jail Operations

On June 22, 2015, the United States Supreme Court issued an important decision for all North Carolina counties operating county jails in which individuals are held detainees awaiting trial. In Kingsley v. Hendrickson, No....more

EEOC Victory Reversed for Improper Direct Threat Standard

The Equal Employment Opportunity Commission (EEOC) recently experienced a particularly painful loss, as a former “win” was reversed. In March, the 10th District Court of Appeals ruled that an EEOC victory was erroneous due to...more

Jury Instructions – Avoiding Landmines and Preserving Error

The jury instructions and verdict form are often treated as an afterthought relegated to an associate just before trial when lead counsel is focused on opening statements and presenting evidence. Don’t let this happen. The...more

Client Alert: First Responders May Not Assert Comparative Negligence of Plaintiff for Pre-Accident Conduct

In Harb v. City of Bakersfield (No. F066839, filed 1/23/2015), the California Court of Appeal, Fifth Appellate District, held that where a plaintiff is seeking damages only for aggravation or enhancement of an injury or...more

Court Rules On Jury Instructions Relating To Damages

The court finds defendant’s view of the entire market rule overly narrow and provides a cautionary jury instruction at the time plaintiff’s expert first references its theory of damages, and again as part of final...more

Practical Guidelines for Jury Instructions, Verdict Forms, and the Charge Conference (Part 5 of 5)

You have been asked to prepare a set of jury instructions and a verdict form for trial. What do you do? Where do you start? In my last op-ed, I talked about the potential grounds for reversible error that may arise from the...more

Client Advisory: First Responders' Liability to be Clarified in New Trial Barring Blame of Plaintiff for Prior Contributory...

On January 23, 2015, the Court of Appeal published its opinion in Harb v. City of Bakersfield, et al., a case regarding an incident that occurred almost a decade ago. The opinion clarified how juries can be instructed in...more

Court Rules On Curative Jury Instruction Regarding Damages

Transcenic, Inc. v. Google, Inc., C.A. No. 11-582-LPS, January 12, 2015. Stark, J. Court resolves dispute regarding curative jury instruction relating to damages....more

Practical Guidelines for Jury Instructions, Verdict Forms, and the Charge Conference (Part 3 of 5)

You have been asked to prepare a set of jury instructions and a verdict form for trial. What do you do? Where do you start? In my last op-ed, I discussed how to prepare for the charge conference. Now it’s time to talk...more

Practical Guidelines for Jury Instructions, Verdict Forms, and the Charge Conference (Part 2 of 5)

You have been asked to prepare a set of jury instructions and a verdict form for trial. What do you do? Where do you start? In my last op-ed, I offered advice on drafting jury instructions. Now I tackle how to prepare for...more

California Court Overturns Employee’s Jury Verdict in Reverse Discrimination Case

Norton v. San Bernardino City Unified School District, No. G049496 (October 9, 2014): A California Court of Appeal recently overturned a jury verdict against an employer on the basis that the jury was incorrectly instructed...more

8 tips from an appellate attorney for managing litigation

Key to any successful appeal is, of course, preserving errors and making a complete and accurate record. However, sometimes things get missed in the high-pressure back-and-forth of trial. Below are some tips for inside...more

Practical Guidelines for Jury Instructions, Verdict Forms, and the Charge Conference (Part 1 of 5)

You have been asked to prepare a set of jury instructions and a verdict form for trial. What do you do? Where do you start? Over the next several weeks, we will offer some basic guidelines for drafting jury instructions or...more

Nexium District Court Takes Pioneering Approach to Preliminary Jury Charge

How does a court explain the complicated area of law at the intersection of patent settlements and antitrust law to a group of lay-jurors in the wake of Actavis? The district court’s approach to preliminary jury instructions...more

Recent Changes to the Oklahoma Uniform Jury Instructions—Civil (Second)

Earlier this year the Oklahoma Supreme Court adopted several new uniform civil jury instructions and made revisions to some existing uniform instructions. These changes had been recommended by the Oklahoma Supreme Court...more

May A Defendant Seek JMOL On Punitive Liability Based On A Standard Different From The One Reflected In The Jury Instructions?

We’ve been following the post-trial proceedings in Allen v. Takeda Pharmaceuticals North America, Inc., a product-liability action involving the diabetes drug Actos. The case garnered headlines earlier this year when the...more

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