News & Analysis as of

Motions in Limine Appeals

Quick Trial Checklist

by Carlton Fields on

This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review. Please see full Chart below for...more

Personal Injury – Auto – Damages and Stipulation as to Liability

by Low, Ball & Lynch on

Christ v. Schwartz - Court of Appeal, Fourth Appellate District (August 12, 2016) - In a personal injury action, a defendant may wish to stipulate to liability where there is no real dispute as to who was at fault...more

Evidence of Industry Custom May Be Relevant and Admissible in a Strict Products Liability Action Depending on the Nature and...

In Kim v. Toyota Motor Corp., 2016 No. B247672, the California Court of Appeal, Second District, held that a jury could consider evidence of industry custom to determine whether a product was defective under the risk-benefit...more

Fundamental Evidentiary Issues – Avoiding Exclusion of Your Opinion of Value and Comparable Sales

by Nossaman LLP on

In an unpublished opinion filed this week, the California Court of Appeal confirmed two fundamental evidentiary rules related to eminent domain matters: Before we delve into the case, here’s a basic reminder of California law...more

IP Newsflash - July 2015 #4

FEDERAL CIRCUIT CASES - Federal Circuit Grants Mandamus Disallowing Use of U.S. Discovery in Foreign Proceedings - The Federal Circuit has granted mandamus vacating a New Jersey district court’s order that allowed...more

Re-Examining the Admissibility of Unpaid Medical Bills as Evidence

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015), the California Court of Appeal, Fourth District, held unpaid medical bills, joined with expert testimony regarding their reasonableness, were properly admitted and...more

IP Newsflash - May 2015 #2

SUPREME COURT CASES - U.S. Supreme Court Remands Case to Federal Circuit to Review Patent Under Teva - On April 20, 2015, the U.S. Supreme Court remanded a case back to the U.S. Court of Appeal for the Federal...more

Pre-Trial Problems: Summary Judgment & Evidentiary Rulings

by Carlton Fields on

The Fifth Circuit’s decision in Blessey v. Marine Services, Inc., --- F.3d ---, 2014 WL 5837059 (5th Cir. Nov. 10, 2014), highlights two different ways that adverse pretrial rulings can wind up unreviewable. ...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

Treating Physician Testimony May Establish Reasonable Value of Medical Bills

by Low, Ball & Lynch on

Joaquin Ochoa, et al. v. Jesus Felipe Dorado, et al. - Court of Appeal, Second Appellate District, Division Three (Shasta) (July 22, 2014) - Joaquin Ochoa and Imelda Moreno (“Plaintiffs”) were traveling in a...more

Fast Five: Rhode Island Appellate Practice - February 2014

TRIAL COURTS MAY NOT CIRCUMVENT SUPREME COURT’S EXCLUSIVE JURISDICTION TO ENLARGE TIME FOR APPEAL. In an order this term, the Rhode Island Supreme Court held that the Family Court exceeded its authority when it vacated...more

Bulletproofing A Billion-Dollar Verdict: In A Case Of High Intrigue, DuPont Tries To Defend Its Kevlar Trade Secrets Win On Appeal

Double agents. Bribery. Top-secret industrial facilities. Code words. An undercover FBI operation, complete with a wire. The DuPont v. Kolon Industries trade secrets trial had all the elements of a spy novel...more

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