News & Analysis as of

Jury Trial

Commercial Restructuring & Bankruptcy Alert - April 2017, Issue 1

by Reed Smith on

Welcome to the April 2017 issue of the CR&B Alert, the newsletter produced by Reed Smith's Commercial Restructuring & Bankruptcy Group. Excerpt from Newsletter: SUPREME COURT WILL DECIDE STANDARD OF REVIEW ON...more

Failure of Licensee to Mark May Upend $15.7 Million Damage Award

In Rembrandt Wireless Technologies, LP v. Samsung Electronics CO., LTD., [2016-1729] (April 17, 2017), the Federal Circuit affirmed the district court’s claim construction and denial of Judgment as a Matter of Law (JMOL),...more

Wisconsin’s Supreme Court: Contractual Waivers of Civil Jury Trial Are Enforceable

by Foley & Lardner LLP on

Last year the Wisconsin Court of Appeals threw businesses a curveball when it held that a contractual waiver of the right to a jury trial was unenforceable. The holding of the case, Parsons v. Associated Banc-Corp., 2016...more

California Supreme Court Limits Right to Jury Trial on Health Care Whistleblower Claims

by FordHarrison on

The California Supreme Court recently held that California Health and Safety Code section 1278.5(g), which protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care...more

RED GOLD for Jewelry: Obviously Generic (Or Maybe Not…)

On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more

Uber Steers for Mandatory Arbitration

by Robins Kaplan LLP on

After its bid to compel arbitration stalled in the district court, Uber is gearing up to argue before the Second Circuit that its users waive their right to a jury trial when they sign up for its app. The defendants in...more

Charles M. Callahan and Daniel O. King Obtain Defense Verdict

Jones, Skelton & Hochuli, PLC is pleased to announce Charles M. Callahan and Daniel O. King obtained a defense verdict for their client, a Kingman, Arizona mental health clinic, after a six (6) day jury trial. Our client...more

Property Reserve Aftermath: Discovery Available in Right of Entry Cases & Young’s Market Co.

by Nossaman LLP on

When the California Supreme Court issued its ruling on Property Reserve v. Superior Court, handing a substantial victory to public agencies, we were given three key takeaways: (1) the “Right of Entry” statutes (CCP §1245.010...more

The Supreme Court - March, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases yesterday: Rippo v. Baker, No. 16-6316: Petitioner Michael Damon Rippo moved to disqualify the Nevada state judge who presided over his criminal...more

Jury Trials in Surrogate’s Court Removal Proceedings

by Farrell Fritz, P.C. on

As parties prepare for trial before the Surrogate’s Court, a question that oftentimes arises is whether the parties have a right to a trial by jury. The right to a jury trial is anything but universal in Surrogate’s Court...more

Supreme Court of Canada Denies Jury Trials for Securities Act Offences

by Bennett Jones LLP on

In two recent decisions, R v Peers, 2017 SCC 13 and R v Aitkens, 2017 SCC 14, the Supreme Court of Canada (SCC) held that those accused of securities law offences do not have the right to a trial by jury....more

Illinois Federal Judge Awards Treble Damages and Attorneys’ Fees in Kurt Vonnegut-Fueled Opinion

On February 10, 2017, an Illinois federal judge determined that R-Boc Representatives violated an injunction issued following a jury trial on their alleged patent infringement. In a unique opinion replete with quotations...more

West Coast Real Estate Update: February 2017 #2

by Holland & Knight LLP on

Jury Trial Waiver Undone by a Fundamental California Policy - It is common for commercial contracts to contain a choice of law provision. Some commercial contracts may even contain a clause that waives the right to seek...more

Janssen v. Celltrion: Trial Postponed, Briefing and Hearings Scheduled on Standing, Damages Issues

by Goodwin on

As we previously reported, a jury trial in the ongoing infliximab biosimilar litigation, Janssen v. Celltrion (D. Mass., J. Wolf), was scheduled to begin on February 13, 2017. The district court, however, recently cancelled...more

Sixth Circuit Affirms District Court’s Colorado River Abstention And That State Court Appropriately Determined Arbitration...

by Carlton Fields on

An earlier-filed state court action determined the enforceability of an arbitration agreement, before a federal district court could rule on a motion to compel arbitration. The federal district court thereafter abstained from...more

Recent California Court of Appeal Decision Invalidates Jury Trial Waiver Made Under New York Law

by Goodwin on

A recent California Court of Appeal decision may have a major impact on the enforceability of jury trial waivers in loan agreements and other documents governed by New York law. In Rincon EV Realty LLC v. CP III Rincon...more

So you think you can avoid California’s anti-jury waiver?

by Thompson Coburn LLP on

The California Court of Appeal for the First Appellate District in San Francisco recently held that commercial borrowers are entitled to a trial by jury even though they signed loan documents that contained a jury waiver...more

Jury Fails To Convict JPMorgan Analyst of Insider Trading

by Dorsey & Whitney LLP on

Prosecutors, and perhaps the SEC, received a set back last in their war on insider trading as former J.P. Morgan Securities LLC analyst Ashish Aggarwal was found not guilty on 26 counts based on an insider trading scheme. The...more

The Bright Line Rule Defining When a Jury is Empaneled and Sworn

by Low, Ball & Lynch on

Ruth Stueve, et al. v. Buchalter Nemer, et al. - Court of Appeal, Fourth Appellate District January 18, 2017 - Under California law, an action must be “brought to trial” within five years of the filing of a civil...more

Court Of Appeal Voids Jury Trial Waiver Notwithstanding New York Choice of Law

by Allen Matkins on

A New York state of mind, but California dreaming - A sophisticated lender and borrower negotiate a loan agreement in New York, the lender disburses the loan proceeds in New York, and both parties agree that New York law...more

New Ohio Decision Clarifies Role of Judge and Jury in Eminent Domain Cases

by Roetzel & Andress on

As a general rule, injuries that are shared in common with the general public are not compensable under Ohio eminent domain law. Ohio’s 4th District Court of Appeals recently ruled that the question of whether an injury is...more

Impacting the Jury with Multimedia Depositions

by Planet Depos, LLC on

With improving technology, it’s becoming more and more common for attorneys to display their exhibits on a projector at trial so that the jury can see and better absorb the testimony that accompanies each exhibit. But when...more

Choreography for the Courtroom - Part Two: The Performance

by McManis Faulkner on

The rehearsals are over and the morning of the big performance has arrived. Emotions are high and the anxiety in the air is thick. It is time to execute what you have been practicing and hope you receive a standing ovation...more

Property Reserve and Precondemnation Entries – The Epilogue

by Miller Starr Regalia on

As we have previously reported, the California Supreme Court in Property Reserve, Inc. v. Superior Court (2016) 1 Cal.5th 151, ruled that the California statutes allowing precondemnation entry by the government to test and...more

South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds - Decision is a good development for...

by Nexsen Pruet, PLLC on

The South Carolina Court of Appeals has offered insight into its opinion on the issue of whether a developer may contractually create and enforce jury trial and class action waivers in a master deed. The Court’s position is...more

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