Jury Verdicts

News & Analysis as of

Led Zeppelin Legends Smackdown “Stairway to Heaven” Copyright Suit

This morning in a Los Angeles federal court, a unanimous jury exonerated British rockers Jimmy Page and Robert Plant—two members of the storied Led Zeppelin rock band—from claims of copyright infringement over the iconic...more

JSH Reporter - Summer 2016

We are excited to announce the launch of our Summer 2016 JSH Reporter! The JSH Reporter is designed to provide information about changes in the law and how these affect a variety of industries. In this issue, you will...more

Advertising Law - June 2016 #2

Dietary Supplement Makers Reach Deal With FTC - The makers of a dietary supplement touted to help users lose weight and aid with the symptoms of menopause settled with the Federal Trade Commission over charges that their...more

Supreme Court Update: Williams V. Pennsylvania (15-5040), Dietz V. Bouldin (15-458), Simmons V. Himmelreich (15-109) And Ross V....

Greetings, Court Fans! Though the Puerto Rican Day Parade marched down Fifth Avenue Sunday, the Commonwealth was getting much less love on One First Street. Yesterday morning, in Puerto Rico v. Franklin California...more

Federal Judges May Recall a Discharged Jury to Correct a Mistaken Verdict

In Dietz v. Bouldin, No. 15-458 (June 9, 2016), the U.S. Supreme Court addressed the question of whether a federal district court judge may recall a jury to correct a mistaken verdict after the jury has been discharged, or...more

Another Win for “Fair Use” as Jury Finds in Favor of Google in Infringement Suit

This week the final judgment was entered by United States District Court Judge William Alsup in favor of Google following a jury trial in its long running legal battle with Oracle over Google’s use of bits of the JAVA...more

The Supreme Court - June 2016 #2

The Supreme Court of the United States issued decisions in three cases on June 9, 2016: - Dietz v. Bouldin, No. 15-458: An automobile accident case went to a jury trial in federal district court. Respondent Hillary...more

Federal District Judges May Recall Discharged Civil Jury To Correct Errors, Supreme Court Holds

Eschewing an old common-law rule for practicality, the U.S. Supreme Court held today in Dietz v. Bouldin, No. 15-458, that federal district judges may recall a civil jury it has discharged to correct errors in certain...more

Jury Determines Google protected by “Fair Use” against liability for its unauthorized use of Java APIs

In a stunning decision on May 26, 2016, a jury found that although Google was found guilty of copyright infringement, it would not be subject to billions of dollars in damages because the “Fair Use” Doctrine, as codified at...more

In a Major FIRREA Victory for the Banks, the Second Circuit Overturns $1.27 Billion Jury Verdict

On Monday, the Second Circuit overturned a jury verdict and $1.27 billion penalty against Bank of America imposed under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 U.S.C. § 1833a....more

Judge Uses Institution of IPR to “Bolster” Decision to Overturn Jury’s Finding of Willfulness

A Colorado district court has provided an example of how the decisions of the PTAB in an IPR proceeding can impact district court litigation. In XY, LLC v. Trans Ova Genetics, LLC, Case No. 1:13-cv-00876 (D. Colo.), Judge...more

Failure to Observe Bankruptcy Rule Deadline in An Adversary Proceeding Tried in District Court Costs Defendants Opportunity to...

A recent case from the 11th Circuit illustrates the procedural perils of litigation arising from a bankruptcy case but ultimately tried in the district court. In Rosenberg v. DVI Receivables XIV, LLC, the defendants lost...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

Eleventh Circuit Affirms Jury Verdict Against Mortgage Servicer for Extreme and Outrageous Conduct

Following the Eleventh Circuit’s decision last month in McGinnis v. American Home Mortgage Servicing, Inc., No. 14-13404, mortgage servicers should be aware that failing to recognize and correct miscalculations of a...more

Is Evidence of Juror Bias in Deliberations Admissible? Supreme Court to Decide

What happens in the jury room, stays in the jury room. Except when it doesn’t. Earlier this month, the Supreme Court agreed to hear the appeal of a Colorado man whose counsel learned, after the guilty verdict was rendered,...more

Jury Sides with Defendant in Whistleblower's Suit Alleging Defendant "Caused" False Claims

Abbott Laboratories recently won a jury verdict in a high profile qui tam lawsuit alleging that Abbott “caused” health providers to submit false Medicare payment claims for off-label use of biliary stents. U.S. ex rel....more

Pulido v. AAA Insurance, Defense Verdict Obtained by Jones Skelton & Hochuli

Michael Halvorson and David Potts, attorneys at Jones, Skelton & Hochuli, obtained a defense verdict in favor of AAA Members Insurance Company in a two-week trial concerning a pedestrian-vehicle accident near Pinnacle High...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

In 10-1 Verdict, Jury Finds No FCA Violation by Abbott Laboratories

On April 7, 2016, after just three hours of deliberations following a three-week trial, a federal jury dismissed False Claims Act (“FCA”) claims against Abbott Laboratories brought by a whistleblowing former employee.  The...more

First Circuit Upholds Defense Verdict in Diet Drug Case

Happy Birthday, Eric Clapton. (March 30 is also the birthday of painters Goya and Van Gogh. Is there something about March 30 that breeds people who turn their blues into art?) Clapton has been around so long it is easy to...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

Stalking: From Adele to Andrews

Under the Protection from Abuse Act, abuse is defined as... The occurrence of … the following [act] between family or household members, sexual or intimate partners or persons who share biological parenthood: knowingly...more

Supreme Judicial Court Reinstates Jury Verdict for Former Employee on FMLA Retaliation Claim

Last week’s Massachusetts Supreme Judicial Court (SJC) decision in Esler v. Sylvia-Reardon serves as an important reminder of the potential scope of employees’ rights under the federal Family and Medical Leave Act (FMLA)....more

Federal Circuit Gives Samsung Another Victory Against Apple In The Smartphone Patent War

In another twist of fortunes in the long-running smartphone patent war between Apple and Samsung, the U.S. Court of Appeals for the Federal Circuit has once again overturned Apple’s patent infringement jury verdict – this...more

Massachusetts Jury Verdict Stands After Court Ruling on Laches

A Massachusetts court recently denied defendant Kaz’s motions for judgment on the defenses of laches and equitable estoppel, letting stand an earlier jury verdict that found Kaz had infringed Exergen’s patents for temporal...more

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