Jury Trial

News & Analysis as of

Voir Dire: Your First Chance to Make a Good Impression

Some attorneys erroneously think of their opening statement as the first opportunity to present themselves to the jury. In reality, the jurors will begin getting an impression of you—and by extension, your case—as soon as you...more

Real Trial Lawyers vs. Personal Injury Lawyers

More-often-than-not, when meeting with a new client for the first time, I am asked about the chances that their case will go all the way to a trial. The odds that any case will resolve through a jury verdict is very low. ...more

SEC Prevails In Jury Trial Against Former CEO of Drug Firm

The SEC prevailed at trial against the former CEO of a biopharmaceutical company on claims that he made false and misleading statements regarding the regulatory approval status of the firm’s only drug. Following a two week...more

City of Perris v. Stamper Oral Arguments Are Next Week

If you are an eminent domain junkie like us, then you will appreciate knowing that the City of Perris v. Stamper case (S213468) will be heard by the California Supreme Court on May 5, 2016, at 9:00 a.m. in San Francisco. As a...more

Judge Rakoff Holds a 3-D “Magic Trick” Implemented With Software Is Not Equivalent to One Implemented With Hardware

On April 24, 2016, District Judge Jed S. Rakoff (S.D.N.Y.) ruled that defendants Nintendo Co., Ltd. and Nintendo of America, Inc.’s (collectively, “Nintendo”)’s 3DS pocket gaming console does not infringe Tomita Technologies...more

This Week In Securities Litigation

The Commission prevailed at trial in a market manipulation case. The trial followed a series of settlements and a grant of summary judgment in the Commission’s favor as to one defendant. The remaining defendant, a former NFL...more

Institution of IPR Supports No Willful Infringement

An invalid patent cannot be infringed. Regardless, the Supreme Court recently held a good faith belief in the invalidity of a patent does not negate a finding of induced infringement. But what about willfulness – can a good...more

SEC Prevails At Trial Over Former Professional Athlete

Sometimes is does not pay to be the last man standing – particularly in a Commission enforcement action. Such was the fate of former NFL player and Olympic athlete Willie Gault. SEC v. Heart Tronics, Inc., Case No....more

Waive Goodbye to Juries

The right to a trial by jury is considered a fundamental right in Connecticut. However, our Supreme Court has held that this right is subject to certain limitations. Indeed, the right to a jury may be specifically waived by...more

Google and Oracle agree not to research potential jurors’ social media accounts

Litigating companies Google and Oracle have mutually agreed, at the strong recommendation of the presiding judge, to refrain from researching the social media accounts of a potential jury pool before and during a high stakes...more

POM Wonderful LLC v. Coca Cola Co.: legal battle nearly over, but industry litigation landscape forever changed…

On March 18, 2016, Pom Wonderful LLC made closing arguments in its trial against Coca-Cola for the alleged misleading marketing of a pomegranate-blueberry juice which contained only trace amounts of either pomegranate or...more

Talkin Bout Your (?) Generation

For once, our happy birthday wish really has something to do with births, specifically the significance of birth cohorts for litigation strategies and tactics. The actor Paul Rudd is celebrating his birthday today, April 6. ...more

A Model Preservation Test for Race-Based Peremptory Challenges

Preserving error during voir dire can be tricky. In jurisdictions like Florida, certain steps must be taken to preserve objections, including those related to pretextual peremptory challenges. On March 18, Florida’s...more

Samsung v. Nvidia: District Court Bifurcates Trial in Two Phases with the First Phase to Determine Infringement and Damages and...

The plaintiff, Samsung, filed a motion for an order regarding the presentation of evidence. Samsung's proposal included a "six-stage" process for presenting the evidence. In support of the proposal, Samsung argued that the...more

And in this corner: Judicial referees as alternatives to juries in California

More than 10 years ago, California’s highest court held that pre-dispute contractual jury waivers were not enforceable. However, the Court directed contract parties to two safe havens from juries: arbitration and judicial...more

Jury Finds in Favor of Coca-Cola in POM False Advertising Suit

UPDATE: The jury found in favor of Coca-Cola and against POM Wonderful in the trial over whether Coca-Cola misled consumers into believing that Coke’s “Minute Maid Enhanced Pomegranate Blueberry Flavored 100% Blend”...more

Second District Clarifies Preservation Test for Race-Based Peremptory Challenges

On March 18, Florida’s Second District Court of Appeal issued a decision discussing, in some detail, the actions that must be taken during jury selection to preserve an objection to a peremptory challenge that purportedly is...more

Oracle v. Google: District Court Rejects Jury Questionnaire and Orders Parties to Show Cause Why the Court Should Not Ban Internet...

As the re-trial in the Oracle v. Google case approaches, both parties requested an opportunity to use a jury questionnaire followed by a limited, one hour oral voir dire. The district court reviewed the proposed questionnaire...more

Jury Trial Starts Today in POM v. Coca-Cola

POM Wonderful’s battle with Coca-Cola is nearing an end as a federal jury trial starts today in the long-running dispute. The case involves a now discontinued Coca-Cola product called “Minute Maid Enhanced Pomegranate...more

SJC Rules in Employment Discrimination Cases a Plaintiff Need Only Show the Reason for Discharge was Untrue to Survive Summary...

On February 29, 2016, the Massachusetts Supreme Judicial Court (“SJC”), in Bulwer v. Mount Auburn Hospital, articulated the type of evidence required for a plaintiff to survive summary judgment and have his claims heard by a...more

Expedited Jury Trials Are Here to Stay and Now Mandatory in Some Limited Civil Cases

Effective January 1, 2016, AB 555 makes permanent the voluntary expedited jury trial procedures set forth in CCP § 630.01 et seq. These procedures were added to the Code of Civil Procedure in 2011 to reduce the cost of...more

Justice Scalia on Trademark and Copyright: Dastar, Penguin-Shaped Cocktail Shakers and “Guilt by Resemblance”

When we decided to mark the passing of Justice Antonin Scalia by recounting a few of his copyright and trademark opinions, we were somewhat surprised to discover that there really hadn’t been that many. In fact, we located...more

District Court Grants Motion to Exclude Proceeding before PTAB during IPR But Allows Admissions and Arguments Made to PTAB to go...

The plaintiff, Magna, filed a motion in limine to exclude references to Inter Partes Review ("IPR") proceedings. The defendant, TRW, filed a response, arguing that evidence was relevant to multiple issues at trial, including,...more

The “Do-It-Yourself” Mock Jury: Effective Use of Mock Jury Exercises That Don’t Blow Your Litigation Budget

Most litigators and trial lawyers agree that a well-orchestrated mock jury exercise yields invaluable insights on case strengths, weaknesses, and the impact and perception of key evidence. But many of those same attorneys,...more

Mock Jury Trials and the Role of Jury Consultants in Complex Cases

As court cases move toward trial, many litigators start thinking about conducting a mock trial or jury research of some sort or another. Deciding when, where and, most importantly, how to do the research is not as simple as...more

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