Jury Instructions

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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

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

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