News & Analysis as of

New Trial

Court of Appeal Upholds LAPD Recruits’ Failure to Accommodate Claim

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeal held that police officer recruits who were not “qualified individuals” under FEHA for purposes of their discrimination claim could nonetheless prevail on their claim for failure to...more

2016 eDiscovery Case Law Year in Review, Part 2

by CloudNine on

As we noted yesterday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to admissibility and...more

Trial judge’s misapprehension of the evidence results in new trial for workplace fatality

by Dentons on

We previously posted about the trial decision in R. v. Precision Drilling Ltd., 2015 ABPC 115 (CanLII), where the court found the employer guilty of two charges arising from a workplace fatality at a drilling rig. The...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America...more

Fifth District Appellate Court Reverses Defense Verdict, Remands for New Trial on Issue of Damages

by Williams Venker & Sanders on

Larry Claro v. Shirley Ann DeLong, 2016 IL App (5th) 150557 (August 31, 2016). The Fifth District Appellate Court recently reversed a St. Clair County jury verdict in favor of the defendant and remanded the case to the...more

You’ve Been Hit With a Large Jury Verdict. Now What?

Excessive jury verdicts are typically challenged through motions for new trial. A new trial may, however, present additional challenges to clients: namely, additional trial expenses, as well as the delayed adjudication of...more

Third Circuit Affirms Dismissal Where Post-Trial Movant Refused to Recreate Missing Trial Record

You litigate a case in federal court and get an adverse verdict. Believing this result unjust, you file a post-trial motion for judgment as a matter of law and in the alternative for a new trial. But there is a problem:...more

Court Reverses New Trial Order After A Jury Verdict On A Trust Dispute

by Winstead PC on

In In re Jones, there was a jury trial on the issue of whether a revocable trust was revoked such that the trustee, Jones, or the settlor’s executor, Coyle, had the right to the trust assets. No. 05-16-0081-CV, 2016 Tex. App....more

Second Circuit Rejects Light Duty Program Limited to Job-Related Injuries

In last year’s Young decision, the U.S. Supreme Court found that an employer could not exclude pregnant employees from participation in a light duty work program absent demonstration of significant burdens that would result...more

Federal Circuit Patent Updates - April 2016

by WilmerHale on

Mankes v. Vivid Seats Ltd. (No. 2015-1909, 4/22/16) (Taranto, Schall, Chen) - Taranto, J. Vacating judgment on the pleadings dismissing cases for inadequately pleading divided infringement and remanding for...more

Sophisticated User Defense Does Not Extend to Salesman

by Low, Ball & Lynch on

Richard Moran III v. Foster Wheeler Energy Corporation - Court of Appeal, Second Appellate District (April 13, 2016) - In 2008, the California Supreme Court unanimously held that the “sophisticated user” defense...more

Reversal of Narrow Claim Construction Results in Satisfaction of Claim Element (Avid Technologies, Inc. v. Harmonic, Inc.)

by McDermott Will & Emery on

Addressing the standard to establish a “clear and unmistakable” disclaimer of claim scope during prosecution, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s narrow claim construction and...more

Multiplying Claim Requirements After Trial Makes Things Impermissibly Complex (Wi-LAN, Inc. v. Apple, Inc.)

by McDermott Will & Emery on

After a jury found non-infringement and invalidity of two asserted patent claims, the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s denial of the patent owner’s judgment as a matter of law (JMOL)...more

Retrial Is Granted In HVAC Patent Dispute

by Morris James LLP on

Robinson, J. Plaintiff’s motion for permanent injunction is moot. Defendants’ post-trial motions are granted in part and denied in part. The disputed technology relates to self-configuring controls for HVAC systems. The...more

Avid Technology, Inc. v. Harmonic, Inc. (Fed. Cir. 2016) - Lesson for Defendant-Appellee's: Provide Responsive Arguments on Appeal

On January 29, 2016, the Federal Circuit issued an Opinion in Avid Technology, Inc. v. Harmonic, Inc. in which the judgment of the District Court was vacated, and the case was remanded for a new trial on infringement. Avid...more

Design Patentees Are Entitled to Infringers’ Unapportioned Total Profits - Nordock, Inc. v. Systems Inc.

by McDermott Will & Emery on

In an opinion addressing the proper measure of damages for design patent infringement, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a district court’s order denying a motion for a new trial on...more

ANDA Update - October 2015

by McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Product Liability Update - October 2015

by Foley Hoag LLP on

Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more

Toumey Healthcare Settles False Claims Act Suit for $72 Million

by Arnall Golden Gregory LLP on

In a long-running False Claims Act case with significant implications for hospitals, Toumey Healthcare System last week agreed to settle its case by paying $72.4 million to the government. While this sum is significant, it is...more

Post-Trial Relief Is Denied Except For The Calculation Of Pre-Judgment Interest

by Morris James LLP on

The disputed technology relates to using internet technology to route calls through a network. A 6-day jury trial took place in October 2014 resulting in a jury verdict for plaintiff. The court finds there was sufficient...more

Question Everything…Except the Witness - Tips on Maintaining Impartiality From R. v. Crawford, 2015 ABCA 175

by Field Law on

On a frigid January night, Mr. Crawford was along for the ride when one of his companions—fuelled by alcohol and jealous suspicion, and armed with a completely ineffectual pellet gun—decided to steal a vehicle. Mr. Crawford...more

Tuomey’s Appeal of $237M False Claims Act Judgment Denied by the Fourth Circuit

by McDermott Will & Emery on

In This Issue: - Background - Tuomey’s Second Appeal to the Fourth Circuit - The Trial Court’s Grant of a New Trial - Tuomey’s Request for Judgement as a Matter of Law on the Stark Law and FCA...more

Post-Trial JMOL And New Trial Motions Are Granted In Part

by Morris James LLP on

Robinson, J. Defendant’s JMOL and new trial motions regarding the ‘081 and ‘686 patents is denied. Its JMOL and new trial motion relating to the second trial is granted in part and denied in part. Plaintiff’s JMOL motion as...more

Globus Argues Expert’s Faked Credentials Warrants New Trial

by Knobbe Martens on

In 2011, DePuy-Synthes, a subsidiary of Johnson & Johnson Inc. sued Globus Medical, Inc. in the United States District Court for the District of Delaware. In that suit, Synthes alleged that Globus had infringed three Synthes...more

Appellate Practice Roundup - February 2015

Over the past few months, a number of important appellate procedure opinions have issued in federal and California appellate courts regarding posttrial motions, appealability, and appellate jurisdiction under various...more

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Cybersecurity

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