Jury Trial

News & Analysis as of

SEC Enforcement Defendants Descend on Georgia for Judicial Relief from the SEC’s Allegedly Unconstitutional In-House Tribunal

It is often hot in Georgia this time of year. In one particular Georgia federal court, the U.S. Securities and Exchange Commission (SEC) has been feeling some of that heat on an issue of significant interest to subjects of...more

SLAPPed Down: Washington Supreme Court Declares Anti-SLAPP Statute Unconstitutional

On May 28, the Washington Supreme Court held in Davis v. Cox that the state’s primary anti-SLAPP statute, RCW 4.24.525, violates the right to a jury trial guaranteed by the Washington Constitution. The statute, which creates...more

More Drake Dreck – Vermont Federal Court Refuses to Overturn Botched Botox Verdict

“We’ve seen this movie before.” That is something people say when they encounter something that seems simultaneously dreadful and predictable. That is how we felt upon reading the latest dismal opinion out of the Drake...more

A Lawyer and a Juror

This month I am flushing the format to talk about jury duty. I recently got selected to serve on a jury in a civil case. The experience fascinated me because, as a civil trial lawyer myself, it gave me the opportunity to see...more

Product Liability Verdicts in Arizona

Product liability cases show a strong defense trend in Arizona. Since 2011, Arizona juries have given ten defense verdicts and only one plaintiff’s verdict. That’s nearly 91% in favor of defendants over the last four years....more

Pfizer Wins First Zoloft Birth Defect Trial in Missouri

A jury trial was wrapped up recently after lasting a little more than a week in state court in St. Louis after the jury found in favor of Pfizer. The lawsuit alleged that Logyn Pesante, an eleven year old boy from California,...more

California Court Explains the Interrelationship Between the Resolution of Necessity and Project in the Manner Proposed in an...

One of the issues often disputed between public agencies and property owners in eminent domain actions is the assessment of severance damages, and in particular, whether damages should be based upon (i) the terms of the...more

If I won my case, why do I need to worry about an appeal? [Video]

Phoenix business law firm Jaburg Wilk appellate attorney Kathi Sandweiss discusses why people need to be aware of an appeal, even if they won their case. For more information visit www.jaburgwilk.com. ...more

Litigation Alert: "Make Sure Your Expert Addresses Alternative Causes, or You May Get a Terrible Post-Trial Surprise"

Testimony from a well credentialed expert played a key role for the winning side in a jury trial. Indeed, the opposition did not even object to the admissibility of this key expert’s testimony....more

Amendment Reducing Illinois Juries from 12 to 6 About to Take Effect

Courtrooms in Illinois will begin to see a new makeup of juries soon, as effective June 1, 2015, all jury cases shall be tried by a jury of six. Previously, cases in which alleged damages exceeded $50,000 were tried by a jury...more

Demonstrative Evidence: When You Want to Show and Tell

An episode of This American Life described the failed effort to get a Tic-tac-toe-playing chicken into evidence in the death penalty case of a mentally ill man with a very low IQ. Defense counsel was trying to rebut a...more

Get the Jury to See it Your Way with Interactive Media Display

Taking videotaped depositions of de bene esse witnesses is not a new innovation. What is new is the ability to display for the jury both the exhibit and the witness’ reaction to the exhibit simultaneously with interactive...more

Suggestive or Descriptive Marks: An “Expert’s” View

On February 28, 2015, the Southern District of New York denied a motion to exclude the testimony and survey of an expert witness regarding whether a trademark was descriptive or suggestive. In Rise-N-Shine, LLC v. Robin...more

Analysis: Prevailing Party In Jury Trial Finds Uncertainty In Remedies Available Under Pennsylvania Contractor And Subcontractor...

Since 1994, Pennsylvania law has provided enhanced remedies for prevailing in a payment dispute arising out of a construction project. The prevailing party in a recent jury trial discovered uncertainty in the precise...more

Even after Jury Trial and Final Judgment in Favor of Patent Owner, Collateral Estoppel of Invalidity from a Subsequent, Other...

The plaintiff, U.S. Ethernet Innovations, LLC ("USEI"), filed a patent infringement action against several defendants in the Eastern District of Texas. The district court then transferred the cases to the Northern District of...more

A WARN Act Roundup: Jury Trial Rights, the Unforeseen Business Circumstances Defense, and the Single Employer Rule

Towards the end of 2014, three federal courts explored developing issues under the federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), 29 U.S.C. §§ 2101-2109 et. seq. Below is a summary of three...more

Supreme Court Finds Trademark Tacking to Be a Jury Question - Hana Financial, Inc. vs. Hana Bank, et. al.

The Supreme Court of the United States, in a unanimous decision stated that “because the tacking inquiry operates from the perspective of the ordinary purchaser or consumer, we hold that a jury should make this...more

Fair Trial May be Difficult for American Sniper Killer

On February 2, 2013, Chris Kyle, a former SEAL and inspiration for the recent Hollywood blockbuster, American Sniper, went to a shooting range with two friends at the Rough Creek Lodge 90 miles southwest of Dallas. While the...more

Do we lawyers really know it all? What about the “ focus group ?”

Trying a business case to a jury presents unique and sometimes difficult challenges. As commercial litigators, we’re trained to develop the facts (or the parties’ versions thereof), research the applicable law, and, most...more

Supreme Court Decides Hana Financial, Inc. v. Hana Bank

On January 21, 2015, the U.S. Supreme Court decided Hana Financial, Inc. v. Hana Bank, No. 13-1211, holding that whether two trademarks are “legal equivalents” creating a single, continuing commercial impression and may be...more

Supreme Court Update: T-Mobile V. City Of Roswell (13-975), Hana Financial, Inc. V. Hana Bank (13-1211), Gelboim V. Bank Of...

Greetings, Court Fans! What began as a trickle of decisions from the Court's October sitting has swiftly burgeoned into a flood. Yesterday, the Court announced decisions in three more cases, on top of the three decisions...more

Autozone's Predicament: A $185 Million Punitive Damage Award

The record $185 million punitive damage award by a California jury in November 2014 against AutoZone has been widely reported. This huge verdict raises immediate questions: How did this happen? What circumstances led the jury...more

Supreme Court Decides Warger v. Shauers

On December 9, 2014, the U.S. Supreme Court decided Warger v. Shauers, No. 13-517, holding that Rule 606(b) of the Federal Rules of Evidence bars a federal court from considering evidence of a juror's comments during...more

Friending and Following Jurors: The Ethical Boundaries of Researching Jurors on Social Media

What are the ethical boundaries of an attorney’s internet research of jurors? Before the ubiquity of the internet, an attorney obviously couldn’t walk up to a potential juror in a restaurant and strike up a conversation. But...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

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